PUBLIC LAW 93-551, 88 STAT 1744
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 3 OF THE
ACT OF JULY 16, 1964, ENTITLED "AN ACT TO INCORPORATE THE LITTLE LEAGUE
BASEBALL, INCORPORATED" (PUBLIC LAW 88 - 378), IS AMENDED BY STRIKING
OUT "BOYS" EACH PLACE IT APPEARS AND INSERTING IN LIEU THEREOF "YOUNG
PEOPLE" AND BY STRIKING OUT "CITIZENSHIP, SPORTSMANSHIP, AND MANHOOD"
AND INSERTING IN LIEU THEREOF "CITIZENSHIP AND SPORTSMANSHIP". //78
STAT. 325.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1409 (COMM. ON THE JUDICIARY).
SENATE REPORT NO. 93 - 1352 (COMM. ON THE JUDICIARY).
CONGRESSIONAL RECORD, VOL. 120 (1974):
NOV. 18, CONSIDERED AND PASSED HOUSE.
DEC. 16, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-550, 88 STAT. 1744
TO THE POINT REYES
NATIONAL
SEASHORE; AND FOR OTHER PURPOSES.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED,
SEC. 101. IN ACCORDANCE WITH SECTION 3(C) OF THE WILDERNESS ACT OF
SEPTEMBER 3, 1964 (78 STAT. 890, 892; 16 U.S.C. 1132(C)), CERTAIN LANDS
IN THE FARALLON NATIONAL WILDLIFE REFUGE, CALIFORNIA, WHICH COMPRISE
ABOUT ONE HUNDRED AND FORTY-ONE ACRES AND WHICH ARE DEPICTED ON A MAP
ENTITLED "FARALLON WILDERNESS--PROPOSED" AND DATED OCTOBER 1969, AND
REVISED MARCH 1970, ARE HEREBY DESIGNATED AS WILDERNESS. THE MAP SHALL
BE ON FILE AND AVAILABLE FOR PUBLIC INSPECTION IN THE OFFICES OF THE
BUREAU OF SPORT FISHERIES AND WILDLIFE, DEPARTMENT OF THE INTERIOR.
SEC. 102. THE AREA DESIGNATED BY THIS ACT AS WILDERNESS SHALL BE
KNOWN AS THE FARALLON WILDERNESS AND SHALL BE ADMINISTERED BY THE
SECRETARY OF THE INTERIOR IN ACCORDANCE WITH THE APPLICABLE PROVISIONS
OF THE WILDERNESS ACT. //16 USC 1131 NOTE.//
SEC. 201. SUBSECTION (A) OF SECTION 2 OF THE ACT OF SEPTEMBER 13,
1962 (76 STAT. 538), //16USC 459C - 1.// DESCRIBING THE BOUNDARIES OF
THE POINT REYES NATIONAL SEASHORE, CALIFORNIA, IS AMENDED TO READ AS
FOLLOWS:
"SEC. 2. (A) THE AREA COMPRISING THAT PORTION OF THE LAND AND WATERS
LOCATED ON POINT REYES PENINSULA, MARIN COUNTY, CALIFORNIA, WHICH SHALL
BE KNOWN AS THE POINT REYES NATIONAL SEASHORE, IS DESCRIBED AS THE AREA
WITHIN THE BOUNDARIES GENERALLY DEPICTED ON THE MAP ENTITLED 'BOUNDARY
MAP, POINT REYES NATIONAL SEASHORE, MARIN COUNTY, CALIFORNIA', NUMBERED
612 - 80,008 - B, AND DATED AUGUST 1974, WHICH SHALL BE ON FILE AND
AVAILABLE FOR PUBLIC INSPECTION IN THE OFFICE OF THE NATIONAL PARK
SERVICE, DEPARTMENT OF THE INTERIOR.".
SEC. 202. THE SECRETARY OF THE INTERIOR SHALL, AS SOON AS
PRACTICABLE AFTER THE DATE OF ENACTMENT OF THIS TITLE, PUBLISH AN
AMENDED DESCRIPTION OF THE BOUNDARIES OF THE POINT REYES NATIONAL
SEASHORE IN THE FEDERAL REGISTER, AND THEREAFTER HE SHALL TAKE SUCH
ACTION WITH REGARD TO SUCH AMENDED DESCRIPTION AND THE MAP REFERRED TO
IN SECTION 201 OF THIS TITLE AS IS REQUIRED IN THE SECOND SENTENCE OF
SUBSECTION (B) OF SECTION 4 OF THE ACT OF SEPTEMBER 13, 1962, AS
AMENDED. //16 USC 459C - 4.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 968 (COMM. ON INTERIOR AND INSULAR AFFAIRS).
SENATE REPORT NO. 93 - 1221 (COMM. ON INTERIOR AND INSULAR
AFFAIRS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAY 7, CONSIDERED AND PASSED HOUSE.
OCT. 4, CONSIDERED AND PASSED SENATE, AMENDED.
DEC. 11, HOUSE CONCURRED IN SENATE AMENDMENT.
PUBLIC LAW 93-549, 88 STAT 1743
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT NOTWITHSTANDING THE
PROVISIONS OF ANY OTHER LAW OR ANY REGULATION ISSUED THEREUNDER, NO
OFFICER OR EMPLOYEE OF THE UNITED STATES SHALL HAVE HIS PAY REDUCED BY
REASON OF EXECUTIVE ORDER 11777, DATED APRIL 12, 1974, RELATING TO THE
EFFECTIVE DATE OF THE 1972 FEDERAL PAY COMPARABILITY ADJUSTMENT. //5
USC 5332 NOTE.//
SEC. 2. THE CIVIL SERVICE COMMISSION SHALL ISSUE REGULATIONS
NECESSARY TO IMPLEMENT THIS ACT.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1384 (COMM. ON POST OFFICE AND CIVIL
SERVICE).
SENATE REPORT NO. 93 - 1339 (COMM. ON POST OFFICE AND CIVIL SERVICE).
CONGRESSIONAL RECORD, VOL. 120 (1974):
OCT. 7, CONSIDERED AND PASSED HOUSE.
DEC. 13, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-548, 88 STAT 1743
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 2634(A) OF
TITLE 10, UNITED STATES CODE, IS AMENDED BY--
(1) STRIKING OUT THE WORD "OR" AT THE END OF CLAUSE (2);
(2) STRIKING OUT THE PERIOD AT THE END OF CLAUSE (3) AND
INSERTING IN LIEU THEREOF A SEMICOLON AND THE WORD "OR"; AND
(3) ADDING AT THE END THEREOF A NTW CLAUSE AS FOLLOWS:
(4) IN THE CASE OF MOVEMENT, THE MAJOR PORTION OF WHICH IS BY
SHIPPING SERVICES DESCRIBED IN CLAUSE (1) OR (2), BY OTHER SURFACE
TRANSPORTATION BETWEEN CUSTOMARY PORTS OF EMBARKATION AND
DEBARKATION IF SUCH MEANS OF TRANSPORT DOES NOT EXCEED THE COST TO
THE UNITED STATES OF OTHER AUTHORIZED MEANS.".
SEC. 2. SECTION AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING
NEI SUBSECTION:
"(C) WHEN THERE HAS BEEN A SHIPPING ERROR, OR WHEN ORDERS DIRECTING A
CHANGE OF PERMANENT STATION HAVE BEEN CANCELED, REVOKED, OR MODIFIED
AFTER RECEIPT BY THE MEMBER, A MOTOR VEHICLE TRANSPORTED PURSUANT TO
THIS SECTION MAY ALSO BE RESHIPPED OR TRANSSHIPPED IN ACCORDANCE WITH
THIS SECTION.".
SEC. 3. (1) SUBSECTION (B) OF SECTION 554, TITLE 37, UNITED STATES
CODE, IS AMENDED BY--
(A) INSERTING "ILL," BEFORE "OR ABSENT FOR A PERIOD OF MORE
THAN 29 DAYS IN A MISSING STATUS--"; AND
(B) STRIKING OUT "(IF INJURED)" IN PARAGRAPH (3) AND INSERTING
IN LIEU THEREOF "(IF INJURED OR ILL)".
(2) SUBSECTION (C) OF SECTION 554, TITLE 37, UNITED STATES CODE, IS
AMENDED BY INSERTING "OR ILL" BEFORE "STATUS,".
SEC. 4. THE AMENDMENTS MADE BY SECTION 3 OF THIS ACT SHALL APPLY
WITH RESPECT TO MEMBERS OF THE UNIFORMED SERVICES INCAPACITATED BY
ILLNESS ON OR AFTER JANUARY 1, 1974. //37 USC 554 NOTE.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1224 (COMM. ON ARMED SERVICES).
SENATE REPORT NO. 93 - 1337 (COMM. ON ARMED SERVICES).
CONGRESSIONAL RECORD, VOL. 120 (1974):
AUG. 5, CONSIDERED AND PASSED HOUSE.
DEC. 13, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-547, 88 STAT 1742
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 3031(A) OF
TITLE 10, UNITED STATES CODE, IS AMENDED BY STRIKING OUT "THREE" IN
CLAUSE (3) AND INSERTING IN PLACE THEREOF "FOUR".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1366 (COMM. ON ARMED SERVICES).
SENATE REPORT NO. 93 - 1343 (COMM. ON ARMED SERVICES).
CONGRESSIONAL RECORD, VOL. 120 (1974):
NOV. 18, CONSIDERED AND PASSED HOUSE.
DEC. 13, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-546, 88 STAT 1742
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED,
SECTION 1. THE ADMINISTRATOR OF GENERAL SERVICES SHALL DONATE TO THE
HAWAII CHAPTER OF THE NATIONAL RAILWAY HISTORICAL SOCIETY, INCORPORATED,
A HAWAII CORPORATION, WITHIN THIRTY DAYS AFTER THE DATE OF ENACTMENT OF
THIS ACT WITHOUT MONETARY CONSIDERATION, ALL RIGHT, TITLE, AND INTEREST
OF THE UNITED STATES IN AND TO SURPLUS RAILWAY PROPERTY CONSISTING OF
ONE LOCOMOTIVE AND TWELVE FLATCARS MORE PARTICULARLY DESCRIBED IN
SECTION 5 OF THIS ACT.
SEC. 2. THE DONATION OF THE SURPLUS PROPERTY DESCRIBED IN SECTION 1
IS SUBJECT TO THE FOLLOWING CONDITIONS:
(A) A RAILROAD PARK AND MUSEUM WILL BE BUILT IN THE STATE OF HAWAII
AND OPEN TO THE PUBLIC WITHIN THREE YEARS AFTER THE DATE OF THE
ENACTMENT OF THIS ACT.
(B) AFTER THE PARK AND MUSEUM MENTIONED IN SUBSECTION (A) BECOMES
OPEN TO THE PUBLIC, ALL PROPERTY DONATED PURSUANT TO THIS ACT WILL BE
USED FOR PARK OR MUSEUM PURPOSES IN OR IN CONJUNCTION WITH SUCH PARK AND
MUSEUM.
(C) ALL PROPERTY DONATED PURSUANT TO THIS ACT SHALL BE MAINTAINED IN
A REASONABLE STATE OF REPAIR, AND (AFTER THE OPENING OF THE PARK AND
MUSEUM MENTIONED IN SUBSECTION (A)) SHALL BE AVAILABLE FOR PUBLIC ACCESS
WITHOUT CHARGE OR WITH MINIMAL CHARGE.
(D) THE HAWAII CHAPTER, AS SUCH, OF THE NATIONAL RAILWAY HISTORICAL
SOCIETY, INCORPORATED, IS OF LEGAL CAPACITY, ACCORDING TO THE LAW OF THE
APPROPRIATE JURISDICTION, TO RECEIVE AND HOLD TITLE TO THE PROPERTY
DONATED PURSUANT TO THIS ACT.
SEC. 3. UPON FAILURE OF ANY CONDITION IN SECTION 2 OF THIS ACT,
EXCEPT THE CONDITION IN SECTION 2(A), THE ADMINISTRATOR OF GENERAL
SERVICES, OR HIS AUTHORIZED DELEGATE, MAY RETAKE TITLE AND POSSESSION OF
ANY AND ALL SUCH DONATED PROPERTY. IN THE EVENT THE CONDITION IN
SECTION 2(A) ALL SUCH DONATED PROPERTY. IN THE EVENT THE CONDITION IN
SECTION 2(A) FAILS, THE ADMINISTRATOR, OR HIS AUTHORIZED DELEGATE, MAY
RETAKE TITLE OR POSSESSION UNLESS THE PROPERTY CONVEYED IS BEING USED
FOR OTHER SIMILAR PUBLIC PURPOSES.
SEC. 4. DONATION OF PROPERTY PURSUANT TO THIS ACT SHALL BE ON AN "AS
IS" AND "WHERE IS" BASIS, AND WITHOUT WARRANTY OF ANY KIND.
SEC. 5. THE SURPLUS PROPERTY DONATED PURSUANT TO THIS ACT COMPRISES
ONE 25-TON CUMMINS, 6 CYLINDER DIESEL ENGINE LOCOMOTIVE, USA NUMBERED
7750; AND TWELVE WOODEN PLATFORMED RAILWAY FLATCARS, USA NUMBERED
91816, 91899, 91868, 91903, 91872, 91912, 91876, 91915, 91932, 91878,
91920, AND 91940.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1336 (COMM. ON GOVERNMENT OPERATIONS).
SENATE REPORT NO. 93 - 1329 (COMM. ON GOVERNMENT OPERATIONS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
OCT. 7, CONSIDERED AND PASSED HOUSE.
DEC. 12, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-545, 88 STAT 1741
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 1332(B)(7)
OF TITLE 10, UNITED STATES CODE, IS AMENDED BY INSERTING "AVIATION
MIDSHIPMAN," IMMEDIATELY AFTER "FLIGHT OFFICER,".
SEC. 2. SECTION 105(A)(1) OF TITLE 37, UNITED STATES CODE, IS
AMENDED BY INSERTING "AVIATION MIDSHIPMAN," IMMEDIATELY AFTER "FLIGHT
OFFICER,".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1386 (COMM. ON ARMED SERVICES).
SENATE REPORT NO. 93 - 1341 (COMM. ON ARMED SERVICES).
CONGRESSIONAL RECORD, VOL. 120 (1974):
OCT. 7, CONSIDERED AND PASSED HOUSE.
DEC. 14, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-544, 88 STAT 1741
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 2(A) OF THE
ACT OF OCTOBER 27, 1972 (86 STAT. 1299), IS HEREBY AMENDED BY DELETING
"BOUNDARY MAP, GOLDEN GATE NATIONAL RECREATION AREA, NUMBERED NRA - GG -
80,003, SHEETS 1 THROUGH 3, AND DATED JULY, 1972." AND INSERTING IN LIEU
THEREOF "REVISED BOUNDARY MAP, GOLDEN GATE NATIONAL RECREATION AREA,
NUMBERED NRA - GG - 80,003 - G, AND DATED SEPTEMBER 1974", WHICH SHALL
INCLUDE, IN ADDITION TO THE EXISTING PROPERTIES WITHIN THE GOLDEN GATE
NATIONAL RECREATION AREA, THE FOLLOWING: //16 USC 460BB - 1.//
"MARIN COUNTY:
"(1) ALLAN ASSOCIATES, INCORPORATED PROPERTY, 38.89 ACRES,
"(2) COUNTY OF MARIN AND TAMALPAIS COMMUNITY SERVICES DISTRICT LANDS,
22.94 ACRES,
"(3) GHILOTTI BROTHERS PROPERTY, 10.40 ACRES,
"(4) OAKWOOD VALLEY AREA, VARIOUS PROPERTIES, 208,89 ACRES,
"(5) OLDS PROPERTY, 107.56 ACRES,
"(6) WOLFBACK RIDGE AREA, VARIOUS PROPERTIES, APPROXIMATELY 265
ACRES, INCLUDING APPROXIMATELY 30 ACRES KNOWN AS SOUTH RIDGE LANDS:
PROVIDED, THAT THE SECRETARY IS AUTHORIZED TO ACQUIRE SUCH INTEREST AS
HE DEEMS REASONABLY NECESSARY TO PRESERVE THE SCENIC QUALITY OF THE 9.47
ACRES DESIGNATED FOR SCENIC PROTECTION.
"(7) KELLER PROPERTY, STINSON BEACH, 10.59 ACRES,
"(8) LEONARD PROPERTY, STINSON BEACH, 8.25 ACRES,
"(9) MUIR BEACH PROPERTIES, 3.94 ACRES.
"SAN FRANCISCO COUNTY:
"HASLETT WAREHOUSE; AND SHALL EXCLUDE THE FOLLOWING:
"(1) LEONARD (HOMESITE), 10.03 ACRES,
"(2) PANORAMIC HIGHWAY AREA, STINSON BEACH, 40.65 ACRES."
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 800 (COMM. ON INTERIOR AND INSULAR AFFAIRS).
SENATE REPORT NO. 93 - 1186 (COMM. ON INTERIOR AND INSULAR
AFFAIRS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
FEB. 19, CONSIDERED AND PASSED HOUSE.
OCT. 1, CONSIDERED AND PASSED SENATE, AMENDED.
DEC. 12, HOUSE CONCURRED IN SENATE AMENDMENTS WITH
AMENDMENTS.
DEC. 14, SENATE CONCURRED IN HOUSE AMENDMENTS.
PUBLIC LAW 93-543, 88 STAT 1740
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT NOTWITHSTANDING THE
ACT OF APRIL 28, 1904 (33 STAT. 485), THE SECRETARY OF THE INTERIOR IS
AUTHORIZED AND DIRECTED TO CONVEY, BY QUITCLAIM DEED AND WITHOUT
CONSIDERATION, TO THE CITY OF COEUR D'ALENE, IDAHO, ALL RIGHT, TITLE,
AND INTEREST OF THE UNITED STATES IN AND TO THE FOLLOWING TRACT OF LAND:
A TRIANGULAR SHAPED TRACT OF LAND LYING IN THE NORTHEAST CORNER OF
GOVERNMENT LOT 48, SECTION 14, TOWNSHIP 50 NORTH, RANGE 4 W.B.M.,
KOOTENAI COUNTY, STATE OF IDAHO, BOUNDED ON THE WEST BY THE NORTHWEST
BOULEVARD, AND ON THE NORTH BY GARDEN AVENUE.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1520 (COMM. ON INTERIOR AND INSULAR
AFFAIRS).
SENATE REPORT NO. 93 - 684 (COMM. ON INTERIOR AND INSULAR
AFFAIRS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
FEB. 27, CONSIDERED AND PASSED SENATE.
DEC. 16, CONSIDERED AND PASSED HOUSE.
PUBLIC LAW 93-542, 88 STAT 1740
TRANSFERRING TO THE STATE OF ALASKA CERTAIN ARCHIVES AND RECORDS IN
THE CUSTODY OF THE NATIONAL ARCHIVES OF THE UNITED STATES.
WHEREAS THE ARCHIVES AND RECORDS OF THE OFFICE OF THE TERRITORIAL
GOVERNORS OF ALASKA, 1884 - 1958, WERE TRANSFERRED TO THE FEDERAL
ARCHIVES AND RECORDS CENTER, SEATTLE, WASHINGTON, IN 1958 AS PART OF A
RECORDS MANAGEMENT IMPROVEMENT PROGRAM AND BECAUSE OF A LACK OF PROPER
ARCHIVAL FACILITIES IN ALASKA; AND
WHEREAS IT WAS AGREED BY OFFICIALS OF THE GENERAL SERVICES
ADMINISTRATION AND THE STATE OF ALASKA AT THAT TIME THAT LEGISLATION
WOULD BE REQUESTED TO RETURN THESE ARCHIVES AND RECORDS TO THE CUSTODY
OF THE STATE OF ALASKA AT SUCH TIME AS A STATE ARCHIVAL AGENCY SHOULD BE
PREPARED TO RECEIVE THEM; AND
WHEREAS THE STATE OF ALASKA WILL COMPLETE CONSTRUCTION OF A STATE
ARCHIVAL FACILITY IN THE NEAR FUTURE; AND
WHEREAS FEDERAL RECORDS CREATED BY TERRITORIAL GOVERNMENTS PERTAINING
TO TERRITORIAL ACTIVITIES HAVE TRADITIONALLY BEEN TRANSFERRED TO THE
SUCCESSOR STATE GOVERNMENT WHEN A STATE ENTERS THE UNION: NOW,
THEREFORE, BE IT
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE OFFICIAL ARCHIVES AND
RECORDS OF THE TERRITORIAL GOVERNORS OF ALASKA, 1884 - 1958, NOW
DEPOSITED WITH THE NATIONAL ARCHIVES OF THE UNTED STATES AT THE FEDERAL
ARCHIVES AND RECORDS CENTER, SEATTLE, WASHINGTON, SHALL BE TRANSFERRED
TO THE STATE OF ALASKA AT THE EXPENSE OF THE UNITED STATES: PROVIDED,
THAT THE STATE OF ALASKA MAKES PROVISIONS FOR THE SAFE-KEEPING, REPAIR,
AND PRESERVATION OF SUCH ARCHIVES AND RECORDS IN FIRE-PROOF,
AIR-CONDITIONED STORAGE SPACE UNDER PROFESSIONAL ARCHIVAL DIRECTION:
PROVIDED FURTHER, THAT THE ADMINISTRATOR OF GENERAL SERVICES SHALL
DETERMINE THAT THE CONDITION IMPOSED ABOVE HAS BEEN MET PRIOR TO HIS
RELEASE OF SUCH ARCHIVES AND RECORDS FOR TRANSFER TO THE STATE OF
ALASKA.
LEGISLATIVE HISTORY:
SENATE REPORT NO. 93 - 1180 (COMM. ON GOVERNMENT OPERATIONS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
OCT. 1, CONSIDERED AND PASSED SENATE.
DEC. 17, CONSIDERED AND PASSED HOUSE.
PUBLIC LAW 93-541, 88 STAT 1739
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 405 OF THE
NATIONAL HOUSING ACT (12 U.S.C. 1728) IS AMENDED--
(1) BY INSERTING AFTER "THIS SUBSECTION" IN THE SECOND SENTENCE
OF SUBSECTION (A) THEREOF A COMMA AND THE FOLLOWING: "SUBSECTION
(D) OF THIS SECTION,";
(2) BY STRIKING OUT "THIS SUBCHAPTER" IN SUBSECTION (D) AND
INSERTING IN LIEU THEREOF "THIS TITLE";
(3) BY INSERTING IMMEDIATELY AFTER "OR OF THE VIRGIN ISLANDS"
IN SUBSECTION (D)(1)(IV) A COMMA AND THE FOLLOWING; "THE VIRGIN
ISLANDS, OR ANY SUCH TERRITORY OR POSSESSION".
SEC. 2. THE FIRST SENTENCE OF SECTION 301(B)(1) OF THE NATIONAL
HOUSING ACT "12 U.S.C. 1427) IS AMENDED BY STRIKING "TWELVE", "FOUR",
AND "ONE-HALF" AND INSERTING IN LIEU THEREOF "FOURTEEN", "SIX", AND
"THREE-FOURTHS", RESPECTIVELY.
SEC. 4. PUBLIC LAW 93 - 127 IS AMENDED BY ADDING AT THE END THEREOF
THE FOLLOWING NEW SECTION:
"SEC. 6. //31 USC 324I.// NOTHING IN THIS ACT PROHIBITS THE
SECRETARY OF THE TREASURY, WHEN HE DEEMS IT NECESSARY TO ASSURE AN
ADEQUATE SUPPLY OF COINS TO MEET THE NATIONAL NEEDS, FROM CONTINUING THE
MINTING FOR ISSUANCE DURING THE CALENDAR YEAR 1975 OF DOLLAR,
HALF-DOLLAR, AND QUARTER-DOLLAR COINS BEARING THE DESIGN AND COINAGE
DATE PROVIDED FOR IN SECTION 3517 OF THE REVISED STATUTES, AS AMENDED
(31 U.S.C. 324).".
SEC. 5. //31 USC 324G.// THE FIRST SENTENCE OF SECTION 4 OF PUBLIC
LAW 93 - 127 IS AMENDED BY STRIKING OUT "JULY 4, 1975, FOR ISSUANCE ON
AND AFTER SUCH DATE" AND INSERTING IN LIEU THEREOF "JULY 4, 1976, FOR
ISSUANCE ON AND AFTER JULY 4, 1975".
SEC. 6 SECTION 8A OF THE FEDERAL HOME LOAN BANK ACT (12 U.S.C.
1428A) IS HEREBY AMENDED BY STRIKING THE FIRST SENTENCE THEREOF AND
INSERTING IN LIEU THEREOF THE FOLLOWING: "THERE IS HEREBY CREATED A
FEDERAL SAVINGS AND LOAN ADVISORY COUNCIL, WHICH SHALL CONTINUE TO EXIST
AS LONG AS THE BOARD BIANNUALLY DETERMINES, AS A MATTER OF FORMAL
RECORD, AFTER CONSULTATION WITH THE DIRECTOR OF THE OFFICE OF MANAGEMENT
AND BUDGET, WITH TIMELY NOTICE IN THE FEDERAL REGISTER, TO BE IN THE
PUBLIC INTEREST IN CONNECTION WITH THE PERFORMANCE OF DUTIES IMPOSED ON
THE COUNCIL BY LAW. THE COUNCIL SHALL, IN ALL OTHER RESPECTS, BE
SUBJECT TO THE PROVISIONS OF THE FEDERAL ADVISORY COMMITTEE ACT. THE
COUNCIL SHALL CONSIST OF ONE MEMBER FOR EACH FEDERAL HOME LOAN BANK
DISTRICT TO BE ELECTED ANNUALLY BY THE BOARD OF DIRECTORS OF THE FEDERAL
HOME LOAN BANK IN SUCH DISTRICT AND TWELVE MEMBERS TO BE APPOINTED
ANNUALLY BY THE BOARD TO REPRESENT THE PUBLIC INTEREST.".
LEGISLATIVE HISTORY:
SENATE REPORT NO. 93 - 1322 (COMM. ON BANKING, HOUSING AND URBAN
AFFAIRS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
DEC. 11, CONSIDERED AND PASSED SENATE.
DEC. 13, CONSIDERED AND PASSED HOUSE.
PUBLIC LAW 93-540, 88 STAT 1738
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE SECRETARY OF
THE INTERIOR SHALL TRANSFER LANDS AND MINERALS THEREIN, WITHIN SECTION
17, TOWNSHIP 11 NORTH, RANGE 8 WEST, AND SECTION 13, TOWNSHIP 11 NORTH,
RANGE 9 WEST, NEW MEXICO PRINCIPAL MERIDIAN, NOW HELD IN TRUST FOR THE
PUEBLO OF ACOMA TRIBE, TO THE SECRETARY OF AGRICULTURE FOR
ADMINISTRATION AS A PART OF THE MOUNT TAYLOR DIVISION, CIBOLA NATIONAL
FOREST, AND SUBJECT TO THE LAWS, RULES, AND REGULATIONS APPLICABLE TO
THE NATIONAL FOREST SYSTEM.
SEC. 2. THE LANDS AND MINERALS THEREIN, WITHIN SECTION 20, TOWNSHIP
11 NORTH, RANGE 8 WEST, AND SECTION 24, TOWNSHIP 11 NORTH, RANGE 9 WEST,
NEW MEXICO PRINCIPAL MERIDIAN, NOW A PART OF THE CIBOLA NATIONAL FOREST,
ARE HEREBY DECLARED TO BE HELD IN TRUST BY THE SECRETARY OF THE INTERIOR
FOR THE PUEBLO OF ACOMA TRIBE: PROVIDED, THAT RIGHTS-OF-WAY SIXTY-SIX
FEET IN WIDTH, BEING THIRTY-THREE FEET ON EITHER SIDE OF THE CENTERLINE,
FOR FOREST SERVICE DEVELOPMENT SYSTEM ROADS NOW IN PLACE ACROSS SAID
LANDS, SHALL BE RETAINED BY THE SECRETARY OF AGRICULTURE.
SEC. 3. ANY TRANSFER EFFECTED BY THIS ACT SHALL BE SUBJECT TO VALID
CLAIMS AS LONG AS THEY ARE MAINTAINED.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 376 (COMM. ON INTERIOR AND INSULAR AFFAIRS).
SENATE REPORT NO. 93 - 1308 (COMM. ON INTERIOR AND INSULAR
AFFAIRS).
CONGRESSIONAL RECORD, VOL. 119 (1973), VOL. 120 (1974):
SEPT. 17, CONSIDERED AND PASSED HOUSE.
DEC. 9, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-539, 88 STAT 1738
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE ACT OF NOVEMBER
21, 1941 (55 STAT. 777; 31 U.S.C. 561 - 564), IS AMENDED AS FOLLOWS:
//31 USC 561 NOTE, 564.//
(A) SECTIONS 4 AND 5 ARE REDESIGNATED AS SECTIONS 5 AND 6.
(B) A NEW SECTION 4 IS ADDED TO READ AS FOLLOWS: //31 USC 563A.//
"SEC. 4. THE SECRETARY OF THE TREASURY IS AUTHORIZED TO MAKE
AVAILABLE TO ACCOUNTABLE OFFICERS OF THE UNITED STATES SUMS IN THE FUND
TO PAY TO A PAYEE OR SPECIAL INDORSEE OF A CHECK DRAWN ON AND PAID BY A
DESIGNATED DEPOSITARY OF THE UNITED STATES THE AMOUNT OF THE CHECK,
WITHOUT INTEREST, WHERE IT IS ESTABLISHED, IN ACCORDANCE WITH
REGULATIONS PROMULGATED UNDER SECTION 5, THAT THE CONDITIONS SPECIFIED
IN SECTION 2 OF THIS ACT, //31 USC 562.// EXCEPT AS THEY PERTAIN TO THE
TREASURER OF THE UNITED STATES, HAVE BEEN FULFILLED. NOTWITHSTANDING
THE PROVISIONS OF SECTION 1415 OF THE SUPPLEMENTAL APPROPRIATION ACT,
1953 (66 STAT. 662; 31 U.S.C. 724), WHERE SUCH CHECK WAS PAYABLE IN A
FOREIGN CURRENCY THE ACCOUNTABLE OFFICER MAY BE AUTHORIZED TO MAKE
PAYMENT IN THAT FOREIGN CURRENCY. THE LIABILITY AND RESTORATION
PROVISIONS OF SECTION 3 OF THIS ACT //31 USC 563.// SHALL APPLY WITH
RESPECT TO CHECKS DRAWN ON DESIGNATED DEPOSITARIES, EXCEPT THAT
RECOVERIES OF FOREIGN CURRENCY SHALL BE USED, AS REQUIRED, TO REIMBURSE
EITHER THE FOREIGN CURRENCY FUND OR ACCOUNT OR THE CHECK FORGERY
INSURANCE FUND, WHICHEVER ACCOUNT OR FUND IS CHARGED WHEN SETTLEMENT IS
MADE WITH THE PAYEE OR INDORSEE."
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 448 (COMM. ON THE JUDICIARY).
SENATE REPORT NO. 93 - 743 (COMM. ON THE JUDICIARY).
CONGRESSIONAL RECORD:
VOL. 119 (1973): SEPT. 17, CONSIDERED AND PASSED HOUSE.
VOL. 120 (1974); MAR. 27, CONSIDERED AND PASSED SENATE,
AMENDED;
SEPT. 19, HOUSE DISAGREED TO SENATE AMENDMENT,
DEC. 9, SENATE RECEDED FROM ITS AMENDMENT.
PUBLIC LAW 93-538, 88 STAT. 1736, DISABLED VETERANS' AND SERVICEMEN'S
AUTOMOBILE AND ADAPTIVE EQUIPMENT AMENDMENTS OF 1974.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THIS ACT MAY BE
CITED AS THE "DISABLED VETERANS' AND SERVICEMEN'S AUTOMOBILE AND
ADAPTIVE EQUIPMENT AMENDMENTS OF 1974". //38 USC 1901 NOTE.//
SEC. 2. SECTION 1901 OF TITLE 38, UNITED STATES CODE, IS AMENDED AS
FOLLOWS:
(1) BY STRIKING OUT IN PARAGRAPH (1) ALL OF THAT PART OF CLAUSE
(A) BEGINNING WITH "WORLD WAR II," DOWN THROUGH THE END OF SUCH
CLAUSE, AND INSERTING IN LIEU THEREOF "WORLD WAR II OR
THEREAFTER:";
(2) BY STRIKING OUT IN PARAGRAPH (1) ALL OF THAT PART OF CLAUSE
(B) BEGINNING WITH "WORLD WAR II," DOWN THROUGH THE END OF SUCH
CLAUSE, AND INSERTING IN LIEU THEREOF "WORLD WAR II OR
THEREAFTER,"; AND
(3) BY AMENDING PARAGRAPH (2) TO READ AS FOLLOWS:
"(2) THE TERM 'ADAPTIVE EQUIPMENT' INCLUDES, BUT IS NOT LIMITED TO,
POWER STEERING, POWER BRAKES, POWER WINDOW LIFTS, POWER SEATS, AND
SPECIAL EQUIPMENT NECESSARY TO ASSIST THE ELIGIBLE PERSON INTO AND OUT
OF THE AUTOMOBILE OR OTHER CONVEYANCE. SUCH TERM ALSO INCLUDES (A)
AIR-CONDITIONING EQUIPMENT WHEN SUCH EQUIPMENT IS NECESSARY TO THE
HEALTH AND SAFETY OF THE VETERAN AND TO THE SAFETY OF OTHERS, REGARDLESS
OF WHETHER THE AUTOMOBILE OR OTHER CONVEYANCE IS TO BE OPERATED BY THE
ELIGIBLE PERSON OR IS TO BE OPERATED FOR SUCH PERSON BY ANOTHER PERSON;
AND (B) ANY MODIFICATION OF THE SIZE OF THE INTERIOR SPACE OF THE
AUTOMOBILE OR OTHER CONVEYANCE IF NEEDED BECAUSE OF THE PHYSICAL
CONDITION OF SUCH PERSON IN ORDER FOR SUCH PERSON TO ENTER OR OPERATE
THE VEHICLE".
SEC. 3. SECTION 1902 OF SUCH TITLE IS AMENDED AS FOLLOWS:
(1) BY INSERTING IN SUBSECTION (A) "(INCLUDING ALL STATE, LOCAL
AND OTHER TAXES)" AFTER "CONVEYANCE" THE SECOND TIME IT APPEARS;
(2) BY STRIKING OUT IN SUBSECTION (A) "$2,800," AND INSERTING
IN LIEU THEREOF $3,300,"; AND
(3) BY INSERTING IN SUBSECTION (C)(2) "PREVIOUSLY OR" AFTER
"MAY".
SEC. 4. (A) SECTION 1903 OF SUCH TITLE IS AMENDED BY ADDING AT THE
END THEREOF THE FOLLOWING NEW SUBSECTION:
"(E)(1) THE ADMINISTRATOR SHALL PROVIDE, DIRECTLY OR BY CONTRACT, FOR
THE CONDUCT OF SPECIAL DRIVER TRAINING COURSES AT EVERY HOSPITAL AND,
WHERE APPROPRIATE, AT REGIONAL OFFICES AND OTHER MEDICAL FACILITIES, OF
THE VETERANS' ADMINISTRATION TO INSTRUCT SUCH ELIGIBLE PERSON TO OPERATE
THE TYPE OF AUTOMOBILE OR OTHER CONVEYANCE SUCH PERSON WISHES TO OBTAIN
WITH ASSISTANCE UNDER THIS CHAPTER, AND MAY MAKE SUCH COURSES AVAILABLE
TO ANY VETERAN OR MEMBER OF THE ARMED FORCES, ELIGIBLE FOR CARE UNDER
CHAPTER 17 OF THIS TITLE, WHO IS DETERMINED BY THE ADMINISTRATOR TO NEED
THE SPECIAL TRAINING PROVIDED IN SUCH COURSES EVEN THOUGH SUCH VETERAN
OR MEMBER IS NOT ELIGIBLE FOR THE ASSISTANCE PROVIDED UNDER THIS
CHAPTER. //38 USC 601.//
"(2) THE ADMINISTRATOR IS AUTHORIZED TO OBTAIN INSURANCE ON
AUTOMOBILES AND OTHER CONVEYANCES (NOT OWNED BY THE GOVERNMENT) USED IN
CONDUCTING THE SPECIAL DRIVER TRAINING COURSES PROVIDED UNDER THIS
SUBSECTION AND TO OBTAIN, AT GOVERNMENT EXPENSE, PERSONAL LIABILITY AND
PROPERTY DAMAGE INSURANCE FOR ALL PERSONS TAKING SUCH COURSES WITHOUT
REGARD TO WHETHER SUCH PERSONS ARE TAKING THE COURSE ON AN IN-PATIENT OR
OUT-PATIENT BASIS".
(B) THE CATCHLINE OF SUCH SECTION IS AMENDED BY ADDING AT THE END
THEREOF OF A SEMICOLON AND "SPECIAL TRAINING COURSES".
(C) THE TABLE OF SECTIONS AT THE BEGINNING OF CHAPTER 39 OF SUCH
TITLE IS AMENDED BY STRIKING OUT
"1903. LIMITATIONS ON ASSISTANCE."
AND INSERTING IN LIEU THEREOF
"1903. LIMITATIONS ON ASSISTANCE; SPECIAL TRAINING
COURSES".
SEC. 5. (A) CHAPTER 39 OF SUCH TITLE IS FURTHER AMENDED BY ADDING AT
THE END THEREOF THE FOLLOWING NEW SECTION:
FEDERAL
PROGRAMS //38 USC 1904.//
"(A) IN CARRYING OUT PROSTHETIC AND ORTHOPEDIC APPLIANCE RESEARCH
UNDER SECTION 216 AND MEDICAL RESEARCH UNDER SECTION 4101 OF THIS TITLE,
THE ADMINISTRATOR, THROUGH THE CHIEF MEDICAL DIRECTOR, SHALL PROVIDE FOR
SPECIAL EMPHASIS ON THE RESEARCH AND DEVELOPMENT OF ADAPTIVE EQUIPMENT
AND ADAPTED CONVEYANCES (INCLUDING VANS) MEETING STANDARDS OF SAFETY AND
QUALITY PRESCRIBED UNDER SUBSECTION (D) OF SECTION 1903, INCLUDING
SUPPORT FOR THE PRODUCTION AND DISTRIBUTION OF DEVICES AND CONVEYANCES
SO DEVELOPED.
"(B) IN CARRYING OUT SUBSECTION (A) OF THIS SECTION, THE
ADMINISTRATOR, THROUGH THE CHIEF MEDICAL DIRECTOR, SHALL CONSULT AND
COOPERATE WITH THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE AND THE
COMMISSION OF THE REHABILITATION SERVICES ADMINISTRATION, DEPARTMENT OF
HEALTH, EDUCATION, AND WELFARE, IN CONNECTION WITH PROGRAMS CARRIED OUT
UNDER SECTION 3(B) OF THE REHABILITATION ACT OF 1973 (PUBLIC LAW 93 -
112; 87 STAT. 357) //29 USC 702.// (RELATING TO THE DEVELOPMENT AND
SUPPORT, AND THE STIMULATION OF THE DEVELOPMENT AND UTILIZATION,
INCLUDING PRODUCTION AND DISTRIBUTION OF NEW AND EXISTING DEVICES, OF
INNOVATIVE METHODS OF APPLYING ADVANCED MEDICAL TECHNOLOGY, SCIENTIFIC
ACHIEVEMENT, AND PSYCHOLOGICAL AND SOCIAL KNOWLEDGE TO SOLVE
REHABILITATION PROBLEMS), SECTION 202(B)(2) OF SUCH ACT //29 USC 762.//
(RELATING TO THE ESTABLISHMENT AND SUPPORT OF REHABILITATION ENGINEERING
RESEARCH CENTERS), AND SECTION 405 OF SUCH ACT //29 USC 785.// (RELATING
TO THE SECRETARIAL RESPONSIBILITIES FOR PLANNING, ANALYSIS, PROMOTING
UTILIZATION OF SCIENTIFIC ADVANCES, AND INFORMATION CLEARINGHOUSE
ACTIVITIES).".
(B) THE TABLE OF SECTIONS AT THE BEGINNING OF SUCH CHAPTER 39 IS
AMENDED BY INSERTING AT THE END THEREOF:
"1904. RESEARCH AND DEVELOPMENT; COORDINATION WITH OTHER
FEDERAL PROGRAMS."
SEC. 6. THE PROVISIONS OF THIS ACT SHALL BECOME EFFECTIVE ON THE
FIRST DAY OF THE SECOND CALENDAR MONTH FOLLOWING THE DATE OF ENACTMENT,
EXCEPT THAT CLAUSE (3) OF SECTION 3 SHALL TAKE EFFECT ON JANUARY 11,
1971. //38 USC 1901 NOTE.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1494 (COMM. ON VETERANS' AFFAIRS).
SENATE REPORT NO. 93 - 1276 (COMM. ON VETERANS' AFFAIRS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
OCT. 11, CONSIDERED AND PASSED SENATE.
DEC. 9, CONSIDERED AND PASSED HOUSE.
PUBLIC LAW 93-537, 88 STAT 1735
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE ASIAN
DEVELOPMENT BANK ACT, AS AMENDED (22 U.S.C. 285 - 285P), IS FURTHER
AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW SECTIONS:
"SEC. 20. //22 USC 285Q.// (A) THE UNITED STATES GOVERNOR OF THE
BANK IS AUTHORIZED TO SUBSCRIBE ON BEHALF OF THE UNITED STATES TO THIRTY
THOUSAND ADDITIONAL SHARES OF THE CAPITAL STOCK OF THE BANK IN
ACCORDANCE WITH AND SUBJECT TO THE TERMS AND CONDITIONS OF RESOLUTION
NUMBERED 46 ADOPTED BY THE BANK'S BOARD OF GOVERNORS ON NOVEMBER 30,
1971.
"(B) IN ORDER TO PAY FOR THE INCREASE IN THE UNITED STATES
SUBSCRIPTION TO THE BANK PROVIDED FOR IN THIS SECTION, THERE IS HEREBY
AUTHORIZED TO BE APPROPRIATED WITHOUT FISCAL YEAR LIMITATION
$361,904,726 FOR PAYMENT BY THE SECRETARY OF THE TREASURY.
"SEC. 21. //22 USC 285R.// (A) THE UNITED STATES GOVERNOR OF THE
BANK IS HEREBY AUTHORIZED TO AGREE TO CONTRIBUTE ON BEHALF OF THE UNITED
STATES $50,000,000 TO THE SPECIAL FUNDS OF THE BANK. THIS CONTRIBUTION
SHALL BE MADE AVAILABLE TO THE BANK PURSUANT TO THE PROVISIONS OF
ARTICLE 19 OF THE ARTICLES OF AGREEMENT OF THE BANK.
"(B) IN ORDER TO PAY FOR THE UNITED STATES CONTRIBUTION TO THE
SPECIAL FUNDS, THERE IS HEREBY AUTHORIZED TO BE APPROPRIATED WITHOUT
FISCAL YEAR LIMITATION $50,000,000 FOR PAYMENT BY THE SECRETARY OF THE
TREASURY".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 750 ACCOMPANYING H.R. 11666 (COMM. ON BANKING
AND CURRENCY).
SENATE REPORT NO. 93 - 1040 (COMM. ON FOREIGN RELATIONS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
AUG. 1, CONSIDERED AND PASSED SENATE.
DEC. 9, CONSIDERED AND PASSED HOUSE, IN LIEU OF H.R. 11666.
PUBLIC LAW 93-536, 88 STAT 1734
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT (A) CHAPTER 25 OF
TITLE 44, UNITED STATES CODE, IS AMENDED BY INSERTING "AND RECORDS"
IMMEIDATELY AFTER "PUBLICATIONS" IN THE CHAPTER HEADING. //44 USC
2501.//
(B) SECTION 2501 OF SUCH TITLE IS AMENDED BY INSERTING "TWO MEMBERS
OF THE SOCIETY OF AMERICAN ARCHIVISTS TO BE APPOINTED, FOR TERMS OF FOUR
YEARS, BY THE SOCIETY OF AMERICAN ARCHIVISTS; TWO MEMBERS OF THE
AMERICAN ASSOCIATION FOR STATE AND LOCAL HISTORY TO BE APPOINTED, FOR
TERMS OF FOUR YEARS, BY THE AMERICAN ASSOCIATION FOR STATE AND LOCAL
HISTORY;" IMMEDIATELY AFTER THE LAST SEMICOLON IN SUCH SECTION.
(C) SECTION 2504(B) OF SUCH TITLE IS AMENDED BY--
(1) STRIKING OUT "1973" AND INSERTING IN LIEU THEREOF "1975";
AND
(2) STRIKING OUT $2,000,000" AND INSERTING IN LIEU THEREOF
$4,000,000".
SEC. 2. THE CHAPTER ANALYSIS AT THE BEGINNING OF TITLE 44, UNITED
STATES CODE, IS AMENDED BY STRIKING OUT "25. NATIONAL HISTORICAL
PUBLICATIONS COMMISSION" AND INSERTING IN LIEU THEREOF "25. NATIONAL
HISTORICAL PUBLICATIONS AND RECORDS COMMISSION"
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1340 (COMM. ON GOVERNMENT OPERATIONS).
SENATE REPORT NO. 93 - 1331 (COMM. ON GOVERNMENT OPERATIONS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
DEC. 3, CONSIDERED AND PASSED HOUSE.
DEC. 12, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-535, 88 STAT 1732
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT IN ORDER TO PROVIDE
PRESENT AND FUTURE GENERATIONS WITH THE USE AND ENJOYMENT OF CERTAIN
OCEAN HEADLANDS, RIVERS, STREAMS, ESTUARIES, AND FORESTED AREAS, TO
INSURE THE PROTECTION AND ENCOURAGE THE STUDY OF SIGNIFICANT AREAS FOR
RESEARCH AND SCIENTIFIC PURPOSES, AND TO PROMOTE A MORE SENTIVE
RELATIONSHIP BETWEEN MAN AND HIS ADJACENT ENVIRONMENT, THERE IS HEREBY
ESTABLISHED, SUBJECT TO VALID EXISTING RIGHTS, THE CASCADE HEAD
SCENIC-RESEARCH AREA (HEREINAFTER REFERRED TO AS "THE AREA") IN THE
SUISLAW NATIONAL FOREST IN THE STATE OF OREGON. //16 USC 541.//
SEC. 2. //16 USC 541A.// THE ADMINISTRATION, PROTECTION,
DEVELOPMENT, AND REGULATION OF USE OF THE AREA SHALL BE BY THE SECRETARY
OF AGRICULTURE (HEREINAFTER REFERRED TO AS THE "SECRETARY") IN
ACCORDANCE WITH THE LAWS, RULES, AND REGULATIONS APPLICABLE TO NATIONAL
FORESTS, IN SUCH MANNER AS IN HIS JUDGMENT WILL BEST CONTRIBUTE TO
ATTAINMENT OF THE PURPOSES OF THIS ACT.
SEC. 3. //16 USC 541B.// (A) THE BOUNDARIES OF THE AREA, AND THE
BOUNDARIES OF THE SUBAREAS INCLUDED THEREIN, SHALL BE THOSE SHOWN ON THE
MAP ENTITLED "PROPOSED CASCADE HEAD SCENIC-RESEARCH AREA", DATED JUNE
1974, WHICH IS ON FILE AND AVAILABLE FOR PUTLIC INSPECTION IN THE OFFICE
OF THE CHIEF, FOREST SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE:
PROVIDED, THAT, FROM TIME TO TIME, THE SECRETARY MAY, AFTER PUBLIC
HEARING OR OTHER APPROPRIATE MEANS FOR PUBLIC PARTICIPATION, MAKE
ADJUSTMENTS IN THE BOUNDARIES OF SUBAREAS TO REFLECT CHANGING NATURAL
CONDITIONS OR TO PROVIDE FOR MORE EFFECTIVE MANAGEMENT OF THE AREA AND
EACH OF THE SUBAREAS IN ACCORDANCE WITH THE PURPOSES AND PROVISIONS OF
THIS ACT.
(B) AS SOON AS PRACTICABLE AFTER THE ENACTMENT OF THIS ACT, THE
SECRETARY SHALL, WITH PROVISIONS FOR APPROPRIATE PUBLIC PARTICIPATION IN
THE PLANNING PROCESS, DEVELOP A COMPREHENSIVE MANAGEMENT PLAN FOR THE
AREA. SAID PLAN SHALL PRESCRIBE SPECIFIC MANAGEMENT OBJECTIVES AND
DEVELOPMENT OF THE AREA AND EACH OF THE SUBAREAS ESTABLISHED PURSUANT TO
SUBSECTION (C) HEREOF.
(C) WITHIN THE AREA, THE FOLLOWING SUBAREAS SHALL BE ESTABLISHED AND
SHALL BE MANAGED IN ACCORD WITH THE FOLLOWING PRIMARY MANAGEMENT
OBJECTIVES WHICH SHALL BE SUPPLEMENTAL TO THE GENERAL MANAGEMENT
OBJECTIVES APPLICABLE TO THE ENTIRE AREA:
(1) ESTUARY AND ASSOCIATED WETLANDS SUBAREA: AN AREA MANAGED
TO PROTECT AND PERPETUATE THE FISH AND WILDLIFE, SCENIC, AND
RESEARCH-EDUCATION VALUES, WHILE ALLOWING DISPERSED RECREATION
USE, SUCH AS SPORT FISHING, NONMOTORIZED PLEASURE BOATING,
WATERFOWL HUNTING, AND OTHER USES WHICH THE SECRETARY DETERMINES
ARE COMPATIBLE WITH THE PROTECTION AND PERPETUATION OF THE UNIQUE
NATURAL VALUES OF THE SUBAREA. AFTER APPROPRIATE STUDY, BREACHING
OF EXISTING DIKES MAY BE PERMITTED WITHIN THE SUBAREA.
(2) LOWER SLOPE-DISPERSED RESIDENTIAL SUBAREA: AN AREA MANAGED
TO MAINTAIN THE SCENIC, SOIL AND WATERSHED, AND FISH AND WILDLIFE
VALUES, WHILE ALLOWING DISPERSED RESIDENTIAL OCCUPANCY, SELECTIVE
RECREATION USE, AND AGRICULTURAL USE.
(3) UPPER TIMBERED SLOPE AND HEADLANDS SUBAREAS: AREAS MANAGED
TO PROTECT THE SCENIC, SOIL AND WATERSHED, AND FISH AND WILDLIFE
VALUES WHILE ALLOWING SELECTIVE REACREATION AND EXTENSIVE
RESEARCH-EDUCATIONAL ACTIVITIES. TIMBER HARVESTING ACTIVITY MAY
OCCUR IN THESE SUBAREAS ONLY WHEN THE SECRETARY DETERMINES THAT
SUCH HARVESTING IS TO BE CONDUCTED IN CONNECTION WITH RESEARCH
ACTIVITIES OR THAT THE PRESERVATION OF THE TIMBER RESOURCE IS
IMMINENTLY THREATENED FOR FIRE, OLD AGE, INFESTATION, OR SIMILAR
NATURAL OCCURRENCES.
(4) COASTLINE AND SAND DUNE-SPIT SUBAREAS: AREAS MANAGED TO
PROTECT AND MAINTAIN THE SCENIC AND WILDLIFE VALUES WHILE ALLOWING
SELECTIVE RECREATION AND EXTENSIVE RESEARCH-EDUCATIONAL
ACTIVITIES.
SEC. 4. //16 USC 541C.// (A) THE BOUNDARIES OF THE SIUSLAW NATIONAL
FOREST ARE HEREBY EXTENDED TO INCLUDE ALL OF THE LANDS LYING WITHIN THE
AREA AS DESCRIBED IN ACCORDANCE WITH SECTION 3 OF THIS ACT WHICH ARE NOT
WITHIN THE NATIONAL FOREST BOUNDARIES ON THE DATE OF ENACTMENT OF THIS
ACT.
(B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY FEDERAL PROPERTY
LOCATED ON THE LANDS ADDED TO THE SIUSLAW NATIONAL FOREST BY THIS
SECTION MAY, WITH THE CONCURRENCE OF THE AGENCY HAVING CUSTODY THEREOF,
BE TRANSFERRED WITHOUT CONSIDERATION TO THE ADMINISTRATIVE JURISDICTION
OF THE SECRETARY. ANY LANDS SO TRANSFERRED SHALL BECOME PART OF THE
SIUSLAW NATIONAL FOREST.
SEC. 5. //16 USC 541D.// (A) SUBJECT TO THE PROVISIONS OF SUBSECTION
(B) OF THIS SUBSECTION, THE SECRETARY IS AUTHORIZED TO ACQUIRE LANDS,
WATERS, OR INTERESTS THEREIN WITHIN THE AREA BY DONATION, PURCHASE,
EXCHANGE, OR OTHERWISE.
(B) WITHIN ALL SUBAREAS OF THE AREA EXCEPT THE ESTUARY AND ASSOCIATED
WETLANDS SUBAREA, THE SECRETARY MAY NOT ACQUIRE ANY LAND OR INTEREST IN
LAND WITHOUT THE CONSENT OF THE OWNER OR OWNERS SO LONG AS THE OWNER OR
OWNERS USE SUCH LAND FOR SUBSTANTIALLY THE SAME PURPOSES AND IN THE SAME
MANNER AS IT WAS USED AND MAINTAINED ON JUNE 1, 1974: PROVIDED,
HOWEVER, THAT THE SECRETARY MAY ACQUIRE ANY LAND OR INTEREST IN LAND
WITHOUT THE CONSENT OF THE OWNER OR OWNEMS WHEN SUCH LAND IS IN IMMINENT
DANGER OF BEING USED FOR DIFFERENT PURPOSES OR IN A DIFFERENT MANNER
FROM THE USE OR USES EXISTING ON JUNE 1, 1974. THE SECRETARY SHALL
PUBLISH, WITHIN ONE HUNDRED AND EIGHTY DAYS OF THE ENACTMENT OF THIS
ACT, GUIDELINES WHICH SHALL BE USED BY HIM TO DETERMINE WHAT CONSTITUTES
A SUBSTANTIAL CHANGE IN LAND USE OR MAINTENANCE FOR THE
NON-FEDERALLY-OWNED LANDS WITHIN THE AREA. WITHIN THE ESTUARY AND
ASSOCIATED WETLANDS SUBAREA THE SECRETARY MAY ACQUIRE ANY LAND OR
INTEREST IN LAND WITHOUT THE CONSENT OF THE OWNER OR OWNERS AT ANY TIME,
AFTER PUBLIC HEARING.
(C) AT LEAST THIRTY DAYS PRIOR TO ANY SUBSTANTIAL CHANGE IN THE USE
OR MAINTENANCE OF ANY NON-FEDERALLY-OWNED LAND WITHIN THE AREA, THE
OWNER OR OWNERS OF SUCH LAND SHALL PROVIDE NOTICE OF SUCH PROPOSED
CHANGE TO THE SECRETARY OR HIS DESIGNEE, IN ACCORDANCE WITH SUCH
GUIDELINES AS THE SECRETARY MAY ESTABLISH.
SEC. 6. //16USC 541E.// NOTWITHSTANDING THE PROVISIONS OF CLAUSE 7(
A)(1) OF THE ACT OF SEPTEMBER 3, 1964 (78 STAT. 903), AS AMENDED, MONEYS
APPROPRIATED FROM THE LAND AND WATER CONSERVATION FUND SHALL BE
AVAILABLE FOR THE ACQUISITION OF ANY LANDS, WATERS, OR INTERESTS THEREIN
WITHIN THE AREA ADDED TO THE SIUSLAW NATIONAL FOREST BY THIS ACT. //16
USC 4601 - 9.//
SEC. 7. //16 USC 541F.// THE LANDS WITHIN THE AREA, SUBJECT TO VALID
EXISTING RIGHTS, ARE HEREBY WITHDRAWN FROM LOCATION, ENTRY, AND PATENT
UNDER THE UNITED STATES MINING LAWS AND FROM DISPOSITION UNDER ALL LAWS
PERTAINING TO MINERAL LEASING AND ALL AMENDMENTS THERETO.
SEC. 8. //16 USC 541G.// (A) THE SECRETARY, PURSUANT TO THE FEDERAL
ADVISORY COMMITTEE ACT (86 STAT. 770), //5 USC APP. I.// SHALL ESTABLISH
AN ADVISORY COUNCIL FOR THE AREA, AND SHALL CONSULT ON A PERIODIC AND
REGULAR BASIS WITH SUCH COUNCIL WITH RESPECT TO MATTERS RELATING TO
MANAGEMENT OF THE AREA. THE MEMBERS OF THE ADVISORY COUNCIL, WHO SHALL
NOT EXCEED ELEVEN IN NUMBER, SHALL SERVE FOR THE INDIVIDUAL STAGGERED
TERMS OF THREE YEARS EACH AND SHALL BE APPOINTED BY THE SECRETARY AS
FOLLOWS--
(1) A MEMBER TO REPRESENT EACH COUNTY IN WHICH A PORTION OF THE
AREA IS LOCATED, EACH SUCH APPOINTEE TO BE DESIGNATED BY THE
RESPECTIVE GOVERNING BODY OF THE COUNTY INVOLVED;
(2) A MEMBER APPOINTED TO REPRESENT THE STATE OF OREGON, WHO
SHALL BE DESIGNATED BY THE GOVERNOR OF OREGON; AND
(3) NOT TO EXCEED EIGHT MEMBERS APPOINTED BY THE SECRETARY FROM
AMONG PERSONS WHO, INDIVIDUALLY OR THROUGH ASSOCIATION WITH
NATIONAL OR LOCAL ORGANIZATIONS, HAVE AN INTEREST IN THE
ADMINISTRATION OF THE AREA.
(B) THE SECRETARY SHALL DESIGNATE ONE MEMBER TO BE CHAIRMAN AND SHALL
FILL VACANCIES IN THE SAME MANNER AS THE ORIGINAL APPOINTMENT.
(C) THE MEMBERS SHALL NOT RECEIVE ANY COMPENSATION FOR THEIR SERVICES
AS MEMBERS OF THE ADVISORY COUNCIL, BUT THEY SHALL BE REIMBURSED FOR
TRAVEL EXPENSES AND SHALL BE ALLOWED, AS APPROPRIATE, PER DIEM OR ACTUAL
SUBSSITENCE EXPENSES.
(D) IN ADDITION TO HIS CONSULTATION WITH THE ADVISORY COUNCIL, THE
SECRETARY SHALL SEEK THE VIEWS OF OTHER PRIVATE GROUPS, INDIVIDUALS, AND
THE PUBLIC, AND SHALL SEEK THE VIEWS AND ASSISTANCE OF, AND COOPERATE
WITH, ALL OTHER FEDERAL, STATE, AND LOCAL AGENCIES WITH RESPONSIBILITIES
FOR ZONING, PLANNING, MIGRATORY FISH, WATERFOWL, AND MARINE ANIMALS,
WATER, AND NATURAL RESOURCES, AND ALL NONPROFIT AGENCIES AND
ORGANIZATIONS WHICH MAY CONTRIBUTE INFORMATION OR EXPERTISE ABOUT THE
RESOURCES, AND THE MANAGEMENT, OF THE AREA, IN ORDER THAT THE KNOWLEDGE,
EXPERTISE AND VIEWS OF ALL AGENCIES AND GROUPS MAY CONTRIBUTE
AFFIRMATIVELY TO THE MOST SENSITIVE PRESENT AND FUTURE USE OF THE AREA
AND ITS VARIOUS SUBAREAS FOR THE BENEFIT OF THE PUBLIC.
SEC. 9. //16 USC 541H.// THE SECRETARY SHALL COOPERATE WITH THE
STATE OF OREGON AND POLITICAL SUBDIVISIONS THEREOF IN THE ADMINISTRATION
OF THE AREA AND IN THE ADMINISTRATION AND PROTECTION OF LANDS WITHIN AND
ADJACENT TO THE AREA OWNED OR CONTROLLED BY THE STATE OR POLITICAL
SUBDIVISIONS THEREOF. NOTHING IN THIS ACT SHALL DEPRIVE THE STATE OF
OREGON OR ANY POLITICAL SUBDIVISION THEREOF OF ITS RIGHT TO EXERCISE
CIVIL AND CRIMINAL JURISDICTION WITHIN THE AREA CONSISTENT WITH THE
PROVISIONS OF THIS ACT, OR OF ITS RIGHT TO TAX PERSONS, CORPORATIONS,
FRANCHISES OR OTHER NON-FEDERAL PROPERTY, IN OR ON THE LANDS OR WATERS
WITHIN THE AREA.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1247 (COMM. ON INTERIOR AND INSULAR
AFFAIRS).
SENATE REPORT NO. 93 - 1089 (COMM. ON INTERIOR AND INSULAR
AFFAIRS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
AUG. 5, CONSIDERED AND PASSED HOUSE.
AUG. 16, CONSIDERED AND PASSED SENATE, AMENDED.
DEC. 3, HOUSE CONCURRED IN SENATE AMENDMENT WITH AN
AMENDMENT.
DEC. 5, SENATE CONCURRED IN HOUSE AMENDMENT.
PUBLIC LAW 93-534, 88 STAT 1731
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE ACT OF JUNE 12,
1930 (46 STAT. 580, 31 U.S.C. 530A), AS AMENDED, IS HEREBY AMENDED BY
ADDING AT THE END THEREOF THE FOLLOWING NEI SECTION:
"SEC. 2. FOR THE PURPOSES OF THIS ACT, THE TERM 'OTHER PUBLICATIONS'
SHALL INCLUDE ANY PUBLICATION PRINTED, MICROFILMED, PHOTOCOPIED, OR
MAGNETICALLY OR OTHERWISE RECORDED FOR AUDITORY OR VISUAL USAGE." //31
USC 530B.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1338 (COMM. ON GOVERNMENT OPERATIONS).
SENATE REPORT NO. 93 - 1330 (COMM. ON GOVERNMENT OPERATIONS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
OCT. 7, CONSIDERED AND PASSED HOUSE.
DEC. 12, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-533, 88 STAT 1724, REAL ESTATE SETTLEMENT
PROCEDURES
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED,
SECTION 1. THIS ACT MAY BE CITED AS THE "REAL ESTATE SETTLEMENT
PROCEDURES ACT OF 1974." //12 USC 2601 NOTE.//
SEC. 2. (A) THE CONGRESS FINDS THAT SIGNIFICANT REFORMS IN THE REAL
ESTATE SETTLEMENT PROCESS ARE NEEDED TO INSURE THAT CONSUMERS THROUGHOUT
THE NATION ARE PROVIDED WITH GREATER AND MORE TIMELY INFORMATION ON THE
NATURE AND COSTS OF THE SETTLEMENT PROCESS AND ARE PROTECTED FROM
UNNECESSARILY HIGH SETTLEMENT CHARGES CAUSED BY CERTAIN ABUSIVE
PRACTICES THAT HAVE DEVELOPED IN SOME AREAS OF THE COUNTRY. THE CONGRESS
ALSO FINDS THAT IT HAS BEEN OVER TWO YEARS SINCE THE SECRETARY OF
HOUSING ANX URBAN DEVELOPMENT AND THE ADMINISTRATOR OF VETERANS' AFFAIRS
SUBMITTED THEIR JOINT REPORT TO THE CONGRESS ON "MORTGAGE SETTLEMENT
COSTS" AND THAT THE TIME HAS COME FOR THE RECOMMENDATIONS FOR FEDERAL
LEGISLATIVE ACTION MADE IN THAT REPORT TO BE IMPLEMENTED.
(B) IT IS THE PURPOSE OF THIS ACT TO EFFECT CERTAIN CHANGES IN THE
SETTLEMENT PROCESS FOR RESIDENTIAL REAL ESTATE THAT WILL RESULT--
(1) IN MORE EFFECTIVE ADVANCE DISCLOSURE TO HOME BUYERS AND
SELLERS OF SETTLEMENT COSTS;
(2) IN THE ELIMINATION OF KICKBACKS OR REFERRAL FEES THAT TEND
TO INCREASE UNNECESSARILY THE COSTS OF CERTAIN SETTLEMENT
SERVICES;
(3) IN A REDUCTION IN THE AMOUNTS HOME BUYERS ARE REQUIRED TO
PLACE IN ESCROW ACCOUNTS ESTABLISHED TO INSURE THE PAYMENT OF REAL
ESTATE TAXES AND INSURANCE; AND
(4) IN SIGNIFICANT REFORM AND MODERNIZATION OF LOCAL
RECORD-KEEPING OF LAND TITLE INFORMATION.
SEC. 3. FOR PURPOSES OF THIS ACT--
(1) THE TERM "FEDERALLY RELATED MORTGAGE LOAN" INCLUDES ANY LOAN
WHICH--
(A) IS SECURED BY RESIDENTIAL REAL PROPERTY (INCLUDING
INDIVIDUAL UNITS OF CONDOMIMIUMS AND COOPERATIVES) DESIGNED
PRINCIPALLY FOR THE OCCUPANCY OF FROM ONE TO FOUR FAMILIES; AND
(B)(I) IS MADE IN WHOLE OR IN PART BY ANY LENDER THE DEPOSITS
OR ACCOUNTS OF WHICH ARE INSURED BY ANY AGENCY OF THE FEDERAL
GOVERNMENT, OR IS MADE IN WHOLE OR IN PART BY ANY LENDER WHICH IS
REGULATED BY ANY AGENCY OF THE FEDERAL GOVERNMENT; OR
(II) IS MADE IN WHOLE OR IN PART, OR INSURED, GUARANTEED,
SUPPLEMENTED, OR ASSISTED IN ANY WAY, BY THE SECRETARY OR ANY
OTHER OFFICER OF THE FEDERAL GOVERNMENT OR UNDER OR IN CONNECTION
WITH A HOUSING OR URBAN DEVELOPMENT PROGRAM ADMINISTERED BY THE
SECRETARY OR A HOUSING OR RELATED PROGRAM ADMINISTERED BY ANY
OTHER SUCH OFFICER OR AGENCY; OR
(III) IS ELIGIBLE FOR PURCHASE BY THE FEDERAL NATIONAL MORTGAGE
ASSOCIATION, THE GOVERNMENT NATIONAL MORTGAGE ASSOCIATION, OR THE
FEDERAL HOME LOAN MORTGAGE CORPORATION, OR FROM ANY FINANCIAL
INSTITUTION FROM WHICH IT COULD BE PURCHASED BY THE FEDERAL HOME
LOAN MORTGAGE CORPORATION; OR
(IV) IS MADE IN WHOLE OR IN PART BY ANY "CREDITOR", AS DEFINED
IN SECTION 103(F) OF THE CONSUMER CREDIT PROTECTION ACT (15 U.S.
C. 1602(F)), WHO MAKES OR INVESTS IN RESIDENTIAL REAL ESTATE LOANS
AGGREGATING MORE THAN $1,000,0S0 PER YEAR;
(2) THE TERM "THING OF VALUE" INCLUDES ANY PAYMENT, ADVANCE, FUNDS,
LOAN, SERVICE, OR OTHER CONSIDERATION;
(3) THE TERM "SETTLEMENT SERVICES" INCLUDES ANY SERVICE PROVIDED IN
CONNECTION WITH A REAL ESTATE SETTLEMENT INCLUDING, BUT NOT LIMITED TO,
THE FOLLOWING: TITLE SEARCHES, TITLE EXAMINATIONS, THE PROVISION OF
TITLE CERTIFICATES, TITLE INSURANCE, SERVICES RENDERED BY AN ATTORNEY,
THE PREPARATION OF DOCUMENTS, PROPERTY SURVEYS, THE RENDERING OF CREDIT
REPORTS OR APPRAISALS, PEST AND FUNGUS INSPECTIONS, SERVICES RENDERED BY
A REAL ESTATE AGENT OR BROKER, AND THE HANDLING OF THE PROCESSING, AND
CLOSING OR SETTLEMENT;
(4) THE TERM "TITLE COMPANY" MEANS ANY INSTITUTION WHICH IS QUALIFIED
TO ISSUE TITLE INSURANCE, DIRECTLY OR THROUGH ITS AGENTS, AND ALSO
REFERS TO ANY DULY AUTHORIZED AGENT OF A TITLE COMPANY;
(5) THE TERM "PERSON" INCLUDES INDIVIDUALS, CORPORATIONS,
ASSOCIATIONS, PARTNERSHIPS, AND TRUSTS; AND
(6) THE TERM "SECRETARY" MEANS THE SECRETARY OF HOUSING AND URBAN
DEVELOPMENT.
SEC. 4. THE SECRETARY, IN CONSULTATION WITH THE ADMINISTRATOR OF
VETERANS' AFFAIRS, THE FEDERAL DEPOSIT INSURANCE CORPORATION, AND THE
FEDERAL HOME LOAN BANK BOARD, SHALL DEVELOP AND PRESCRIBE A STANDARD
FORM FOR THE STATEMENT OF SETTLEMENT COSTS WHICH SHALL BE USED (WITH
SUCH MINIMUM VARIATIONS AS MAY BE NECESSARY TO REFLECT UNAVOIDABLE
DIFFERENCES IN LEGAL AND ADMINISTRATIVE REQUIREMENTS OR PRACTICES IN
DIFFERENCES IN LEGAL AND ADMINISTRATIVE REQUIREMENTS OR PRACTICES IN
DIFFERENT AREAS OF THE COUNTRY) AS THE STANDARD REAL ESTATE SETTLEMENT
FORM IN ALL TRANSACTIONS IN THE UNITED STATES WHICH INVOLVE FEDERALLY
RELATED MORTGAGE LOANS. SUCH FORM SHALL CONSPICUOUSLY AND CLEARLY
ITEMIZE ALL CHARGES IMPOSED UPON THE BORROWER AND ALL CHARGES IMPOSED
UPON THE SELLER IN CONNECTION WITH THE SETTLEMENT AND SHALL INDICATE
WHETHER ANY TITLE INSURANCE PREMIUM INCLUDED IN SUCH CHARGES COVERS OR
INSURES THE LENDER'S INTEREST IN THE PROPERTY, THE BORROWER'S INTEREST,
OR BOTH. SUCH FORM SHALL INCLUDE ALL INFORMATION AND DATA REQUIRED TO
BE PROVIDED FOR SUCH TRANSACTIONS UNDER THE TRUTH IN LENDING ACT AND THE
REGULATIONS ISSUED THEREUNDER BY THE FEDERAL RESERVE BOARD, //15 USC
1601 NOTE.// AND MAY BE USED IN SATISFACTION OF THE DISCLOSURE
REQUIREMENTS OF THAT ACT, AND SHALL ALSO INCLUDE PROVISION FOR EXECUTION
OF THE WAIVER ALLOWED BY SECTION 6(C). //POST, P. 1726.//
SEC. 5. (A) THE SECRETARY SHALL PREPARE AND DISTRIBUTE BOOKLETS TO
HELP PERSONS BORROWING MONEY TO FINANCE THE PURCHASE OF RESIDENTIAL REAL
ESTATE BETTER TO UNDERSTAND THE NATURE AND COSTS OF REAL ESTATE
SETTLEMENT SERVICES. THE SECRETARY SHALL DISTRIBUTE SUCH BOOKLETS TO
ALL LENDERS WHICH MAKE FEDERALLY RELATED MORTGAGE LOANS.
(B) EACH BOOKLET SHALL BE IN SUCH FORM AND DETAIL AS THE SECRETARY
SHALL PRESCRIBE AND, IN ADDITION TO SUCH OTHER INFORMATION AS THE
SECRETARY MAY PROVIDE, SHALL INCLUDE IN CLEAR AND CONCISE LANGUAGE--
(1) A DESCRIPTION AND EXPLANATION OF THE NATURE AND PURPOSE OF
EACH COST INCIDENT TO A REAL ESTATE SETTLEMENT;
(2) AN EXPLANATION AND SAMPLE OF THE STANDARD REAL ESTATE
SETTLEMENT FORM DEVELOPED AND PRESCRIBED UNDER SECTION 4;
(3) A DESCRIPTION AND EXPLANATION OF THE NATURE AND PURPOSE OF
ESCROW ACCOUNTS WHEN USED IN CONNECTION WITH LOANS SECURED BY
RESIDENTIAL REAL ESTATE;
(4) AN EXPLANATION OF THE CHOICES AVAILABLE TO BUYERS OF
RESIDENTIAL REAL ESTATE IN SELECTING PERSONS TO PROVIDE NECESSARY
SERVICES INCIDENT TO A REAL ESTATE SETTLEMENT; AND
(5) AN EXPLANATION OF THE UNFAIR PRACTICES AND UNREASONABLE OR
UNNECESSARY CHARGES TO BE AVOIDED BY THE PROSPECTIVE BUYER WITH
RESPECT TO A REAL ESTATE SETTLEMENT.
SUCH BOOKLETS SHALL TAKE INTO CONSIDERATION DIFFERENCES IN REAL
ESTATE SETTLEMENT PROCEDURES WHICH MAY EXIST AMONG THE SEVERAL STATES
AND TERRITORIES OF THE UNITED STATES AND AMONG SEPARATE POLITICAL
SUBDIVISIONS WITHIN THE SAME STATE AND TERRITORY.
(C) EACH LENDER REFERRED TO IN SUBSECTION (A) SHALL PROVIDE THE
BOOKLET DESCRIBED IN SUCH SUBSECTION TO EACH PERSON FROM WHOM IT
RECEIVES AN APPLICATION TO BORROW MONEY TO FINANCE THE PURCHASE OF
RESIDENTIAL REAL ESTATE. SUCH BOOKLET SHALL BE PROVIDED AT THE TIME OF
RECEIPT OF SUCH APPLICATION.
(D) BOOKLETS MAY BE PRINTED AND DISTRIBUTED BY LENDERS IF THEIR FORM
AND CONTENT ARE APPROVED BY THE SECRETARY AS MEETING THE REQUIREMENTS OF
SUBSECTION (B) OF THIS SECTION.
SEC. 6. (A) ANY LENDER AGREEING TO MAKE A FEDERALLY RELATED MORTGAGE
LOAN SHALL PROVIDE OR CAUSE TO BE PROVIDED TO THE PROSPECTIVE BORROWER,
TO THE PROSPECTIVE SELLER, AND TO ANY OFFICER OR AGENCY OF THE FEDERAL
GOVERNMENT PROPOSING TO INSURE, GUARANTEE, SUPPLEMENT, OR ASSIST SUCH
LOAN, AT THE TIME OF THE LOAN COMMITMENT, BUT IN NO CASE LETER THAN
TWELVE CALENDAR DAYS PRIOR TO SETTLEMENT, UPON THE STANDARD REAL ESTATE
SETTLEMENT FORM DEVELOPED AND PRESCRIBED UNDER SECTION 4, OR UPON A FORM
DEVELOPED AND PRESCRIBED BY THE SECRETARY SPECIFICALLY FOR THE PURPOSES
OF THIS SECTION, AND IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE
SECRETARY, AN ITEMIZED DISCLOSURE IN WRITING OF EACH CHARGE ARISING IN
CONNECTION WITH SUCH SETTLEMENT. FOR THE PURPOSES OF COMPLYING WITH
THIS SECTION, IT SHALL BE THE DUTY OF THE LENDER AGREEING TO MAKE THE
LOAN TO OBTAIN OR CAUSE TO BE OBTAINED FROM PERSONS WHO PROVIDE OR WILL
PROVIDE SERVICES IN CONNECTION WITH SUCH SETTLEMENT THE AMOUNT OF EACH
CHARGE THEY INTEND TO MAKE. IN THE EVENT THE EXACT AMOUNT OF ANY SUCH
CHARGE THEY INTEND TO MAKE. IN THE EVENT THE EXACT AMOUNT OF ANY SUCH
CHARGE IS NOT AVAILABLE, A GOOD FAITH ESTIMATE OF SUCH CHARGE MAY BE
PROVIDED.
(B) IF ANY LENDER FAILS TO PROVIDE A PROSPECTIVE BORROWER OR SELLER
WITH THE DISCLOSURE AS REQUIRED BY SUBSECTION (A), IT SHALL BE LIABLE TO
SUCH BORROWER OR SELLER, AS THE CASE MAY BE, IN AN AMOUNT EQUAL TO--
(1) THE ACTUAL DAMAGES INVOLVED OR $500, WHICHEVER IS GREATER,
AND
(2) IN THE CASE OF ANY SUCCESSFUL ACTION TO ENFORCE THE
FOREGOING LIABILITY, THE COURT COSTS OF THE ACTION TOGETHER WITH A
REASONABLE ATTORNEY'S FEE AS DETERMINED BY THE COURT;
EXCEPT THAT A LENDER MAY NOT BE HELD LIABLE FOR A VIOLATION IN ANY
ACTION BROUGHT UNDER THIS SUBSECTION IF IT SHOWS BY A PREPONDERANCE OF
THE EVIDENCE THAT THE VIOLATION WAS NOT INTENTIONAL AND RESULTED FROM A
BONA FIDE ERROR NOTWITHSTANDING THE MAINTENANCE OF PROCEDURES ADOPTED TO
AVOID ANY SUCH ERROR.
(C) THE PROVISIONS OF SUBSECTION (A) SHALL BE DEEMED TO BE SATISFIED
WITH RESPECT TO A BORROWER OR SELLER IN CONNECTION WITH ANY SETTLEMENT
INVOLVING A FEDERALLY RELATED MORTGAGE LOAN IF THE DISCLOSURE REQUIRED
BY SUBSECTION (A) IS PROVIDED AT ANY TIME PRIOR TO SETTLEMENT AND THE
PROSPECTIVE BORROWER OR SELLER, AS THE CASE MAY BE, EXECUTES, UNDER
TERMS AND CONDITIONS PRESCRIBED BY REGULATIONS TO BE ISSUED BY THE
SECRETARY AFTER CONSULTATION WITH THE APPROPRIATE FEDERAL AGENCIES, A
WAIVER OF THE REQUIREMENT THAT THE DISCLOSURE BE PROVIDED AT LEAST
TWELVE CALENDAR DAYS PRIOR TO SUCH SETTLEMENT. IN ISSUING SUCH
REGULATIONS, THE SECRETARY SHALL TAKE INTO ACCOUNT THE NEED TO PROTECT
THE BORROWER'S AND THE SELLER'S RIGHT TO A TIMELY DISCLOSURE.
(D) WITH RESPECT TO ANY PARTICULAR TRANSACTION INVOLVING A FEDERALLY
RELATED MORTGAGE LOAN, NO BORROWER SHALL MAINTAIN AN ACTION OR SEPARATE
ACTIONS AGAINST ANY LENDER UNDER BOTH THE PROVISIONS OF THIS SECTION AND
THE PROVISIONS OF SECTION 130 OF THE CONSUMER CREDIT PROTECTION ACT (15
U.S.C. 1640).
(E) THE PROVISIONS OF THIS ACT SHALL SUPERSEDE THE PROVISIONS OF
SECTION 121(C) OF THE CONSUMER CREDIT PROTECTION ACT //15 USC 1631.//
INSOFAR AS THE LATTER APPLIES TO FEDERALLY RELATED MORTGAGE LOANS AS
DEFINED IN THIS ACT.
SEC. 7. (A) NO LENDER SHALL MAKE ANY COMMITMENT FOR A FEDERALLY
RELATED MORTGAGE LOAN ON A RESIDENCE ON WHICH CONSTRUCTION HAS BEEN
COMPLETED MORE THAN TWELVE MONTHS PRIOR TO THE DATE OF SUCH COMMITMENT
UNLESS IT HAS CONFIRMED THAT THE FOLLOWING INFORMATION HAS BEEN
DISCLOSED IN WRITING BY THE SELLER OR HIS AGENT TO THE BUYER--
(1) THE NAME AND ADDRESS OF THE PRESENT OWNER OF THE PROPERTY
BEING SOLD;
(2) THE DATE THE PROPERTY WAS ACQUIRED BY THE PRESENT OWNER
(THE YEAR ONLY IF THE PROPERTY WAS ACQUIRED MORE THAN TWO YEARS
PREVIOUSLY); AND
(3) IF THE SELLER HAS NOT OWNED THE PROPERTY FOR AT LEAST TWO
YEARS PRIOR TO THE DATE OF THE LOAN APPLICATION AND HAS NOT USED
THE PROPERTY AS A PLACE OF RESIDENCE, THE DATE AND PURCHASE PRICE
OF THE LAST ARM'S LENGTH TRANSFER OF THE PROPERTY, A LIST OF ANY
SUBSEQUENT IMPROVEMENTS MADE TO THE PROPERTY (EXCLUDING
MAINTENANCE REPAIRS) AND THE COST OF SUCH IMPORVEMENTS.
(B) THE OBLIGATIONS IMPOSED UPON A LENDER BY THIS SECTION SHALL BE
DEEMED SATISFIED AND A COMMITMENT FOR A FEDERALLY RELATED MORTGAGE LOAN
MAY THEREAFTER BE MADE IF THE LENDER RECEIVES A COPY OF THE WRITTEN
STATEMENT PROVIDED BY THE SELLER TO THE BUYER SUPPLYING THE INFORMATION
REQUIRED BY SUBSECTION (A).
(C) WHOEVER KNOWINGLY AND WILLFULLY PROVIDES FALSE INFORMATION UNDER
THIS SECTION OR OTHERWISE WILLFULLY FAILS TO COMPLY WITH ITS
REQUIREMENTS SHALL BE FINED NOT MORE THAN $10,000 OR IMPRISONED FOR NOT
MORE THAN ONE YEAR, OR BOTH.
SEC. 8. (A) NO PERSON SHALL GIVE AND NO PERSON SHALL ACCEPT ANY FEE,
KICKBACK, OR THING OF VALUE PURSUANT TO ANY AGREEMENT OR UNDERSTANDING,
ORAL OR OTHERWISE, THAT BUSINESS INCIDENT TO OR A PART OF A REAL ESTATE
SETTLEMENT SERVICE INVOLVING A FEDERALLY RELATED MORTGAGE LOAN SHALL BE
REFERRED TO ANY PERSON.
(B) NO PERSON SHALL GIVE AND NO PERSON SHALL ACCEPT ANY PORTION,
SPLIT, OR PERCENTAGE OF ANY CHARGE MADE OR RECEIVED FOR THE RENDERING OF
A REAL ESTATE SETTLEMENT SERVICE IN CONNECTION WITH A TRANSACTION
INVOLVING A FEDERALLY RELATED MORTGAGE LOAN OTHER THAN FOR SERVICES
ACTUALLY PERFORMED.
(C) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS PROHIBITING (1) THE
PAYMENT OF A FEE (A) TO ATTORNEYS AT LAW FOR SERVICES ACTUALLY RENDERED
OR (B) BY A TITLE COMPANY TO ITS DULY APPOINTED AGENT FOR SERVICES
ACTUALLY PERFORMED IN THE ISSUANCE OF A POLICY OF TITLE INSURANCE OR (C)
BY A LENDER TO ITS DULY APPOINTED AGENT FOR SERVICES ACTUALLY PERFORMED
IN THE MAKING OF A LOAN, OR (2) THE PAYMENT TO ANY PERSON OF A BONA FIDE
SALARY OR COMPENSATION OR OTHER PAYMENT FOR GOODS OR FACILITIES ACTUALLY
FURNISHED OR FOR SERVICES ACTUALLY PERFORMED.
(D)(1) ANY PERSON OR PERSONS WHO VIOLATE THE PROVISIONS OF THIS
SECTION SHALL BE FINED NOT MORE THAN $10,000 OR IMPRISONED FOR NOT MORE
THAN ONE YEAR, OR BOTH.
(2) IN ADDITION TO THE PENALTIES PROVIDED BY PARAGRAPH (1) OF THIS
SUBSECTION, ANY PERSON OR PERSONS WHO VIOLATE THE PROVISIONS OF
SUBSECTION (A) SHALL BE JOINTLY AND SEVERALLY LIABLE TO THE PERSON OR
PERSONS WHOSE BUSINESS HAS BEEN REFERRED IN AN AMOUNT EQUAL TO THREE
TIMES THE VALUE OR AMOUNT OF THE FEE OR THING OF VALUE, AND ANY PERSON
OR PERSONS WHO VIOLATE THE PROVISIONS OF SUBSECTION (B) SHALL BE JOINTLY
AND SEVERALLY LIABLE TO THE PERSON OR PERSONS CHARGED FOR THE SETTLEMENT
SERVICES INVOLVED IN AN AMOUNT EQUAL TO THREE TIMES THE AMOUNT OF THE
PORTION, SPLIT, OR PERCENTAGE. IN ANY SUCCESSFUL ACTION TO ENFORCE THE
LIABILITY UNDER THIS PARAGRAPH, THE COURT MAY AWARD THE COURT COSTS OF
THE ACTION TOGETHER WITH A REASONABLE ATTORNEY'S FEE AS DETERMINED BY
THE COURT.
SEC. 9. (A) NO SELLER OF PROPERTY THAT WILL BE PURCHASED WITH THE
ASSISTANCE OF A FEDERALLY RELATED MORTGAGE LOAN SHALL REQUIRE DIRECTLY
OR INDIRECTLY, AS A CONDITION TO SELLING THE PROPERTY, THAT TITLE
INSURANCE COVERING THE PROPERTY BE PURCHASED BY THE BUYER FROM ANY
PARTICULAR TITLE COMPANY.
(B) ANY SELLER WHO VIOLATES THE PROVISIONS OF SUBSECTION (A) SHALL BE
LIABLE TO THE BUYER IN AN AMOUNT EQUAL TO THREE TIMES ALL CHARGES MADE
FOR SUCH TITLE INSURANCE.
SEC. 10. NO LENDER, IN CONNECTION WITH A FEDERALLY RELATED MORTGAGE
LOAN, SHALL REQUIRE THE BORROWER OR PROSPECTIVE BORROWER--
(1) TO DEPOSIT IN ANY ESCROW ACCOUNT WHICH MAY BE ESTABLISHED IN
CONNECTION WITH SUCH LOAN FOR THE PURPOSE OF ASSURING PAYMENT OF TAXES
AND INSURANCE PREMIUMS WITH RESPECT TO THE PROPERTY, PRIOR TO OR UPON
THE DATE OF SETTLEMENT, AN AGGREGATE SUM (FOR SUCH PURPOSE) IN EXCESS
OF--
(A) IN ANY JURISDICTION WHERE SUCH TAXES AND INSURANCE PREMIUMS
ARE POSTPAID, THE TOTAL AMOUNT OF SUCH TAXES AND INSURANCE
PREMIUMS WHICH WILL ACTUALLY BE DUE AND PAYABLE ON THE DATE OF
SETTLEMENT AND THE PRO RATA PORTION THEREOF WHICH HAS ACCRUED, OR
(B) IN ANY JURISDICTION WHERE SUCH TAXES AND INSURANCE PREMIUMS
ARE PREPAID, A PRO RATA PORTION OF THE ESTIMATED TAXES AND
INSURANCE PREMIUMS CORRESPONDING TO THE NUMBER OF MONTHS FROM THE
LAST DATE OF PAYMENT TO THE DATE OF SETTLEMENT, PLUS ONE-TWELFTH
OF THE ESTIMATE TOTAL AMOUNT OF SUCH TAXES AND INSURANCE PREMIUMS
WHICH WILL BECOME DUE AND PAYABLE DURING THE TWELVE-MONTH PERIOD
BEGINNING ON THE DATE OF SETTLEMENT; OR
2. TO DEPOSIT IN ANY SUCH ESCROW ACCOUNT IN ANY MONTH
BEGINNING AFTER THE DATE OF SETTLEMENT A SUM (FOR THE PURPOSE OF
ASSURING PAYMENT OF TAXES AND INSURANCE PREMIUMS WITH RESPECT TO
THE PROPERTY) IN EXCESS OF ONE-TWELFTH OF THE TOTAL AMOUNT OF THE
ESTIMATED TAXES AND INSURANCE PREMIUMS WHICH WILL BECOME DUE AND
PAYABLE DURING THE TWELVE-MONTH PERIOD BEGINNING ON THE FIRST DAY
OF SUCH MONTH, EXCEPT THAT IN THE EVENT THE LENDER DETERMINES
THERE WILL BE A DEFICIENCY ON THE DUE DATE HE SHALL NOT BE
PROHIBITED FROM REQUIRING ADDITIONAL MONTHLY DEPOSITS IN SUCH
ESCROW ACCOUNT OF PRO RATA PORTIONS OF THE DEFICIENCY
CORRESPONDING TO THE NUMBER OF MONTHS FROM THE DATE OF THE
LENDER'S DETERMINATION OF SUCH DEFICIENCY TO THE DATE UPON WHICH
SUCH TAXES AND INSURANCE PREMIUMS BECOME DUE AND PAYABLE.
SEC. 11. (A) THE FEDERAL DEPOSIT INSURANCE ACT IS AMENDED BY ADDING
AT THE END THEREOF THE FOLLOWING NEW SECTION:
"SEC. 25. (A) NO INSURED BANK, OR MUTUAL SAVINGS OR COOPERATIVE BANK
WHICH IS NOT AN INSURED BANK, SHALL MAKE ANY FEDERALLY RELATED MORTGAGE
LOAN TO ANY AGENT, TRUSTEE, NOMINEE, OR OTHER PERSON ACTING IN A
FIDUCIARY CAPACITY WITHOUT THE PRIOR CONDITION THAT THE IDENTIFY OF THE
PERSON RECEIVING THE BENEFICIAL INTEREST OF SUCH LOAN SHALL AT ALL TIMES
BE REVEALED TO THE BANK. //12 USC 1831B.// AT THE REQUEST OF THE
CORPORATION, THE BANK SHALL REPORT TO THE CORPORATION ON THE IDENTITY OF
SUCH PERSON AND THE NATURE AND AMOUNT OF THE LOAN, DISCOUNT, OR OTHER
EXTENSION OF CREDIT.
"(B) IN ADDITION TO OTHER AVAILABLE REMEDIES, THIS SECTION MAY BE
ENFORCED WITH RESPECT TO MUTUAL SAVINGS AND COOPERATIVE BANKS WHICH ARE
NOT INSURED BANKS IN ACCORDANCE WITH SECTION 8 OF THIS ACT, AND FOR SUCH
PURPOSE SUCH MUTUAL SAVINGS AND COOPERATIVE BANKS SHALL BE HELD AND
CONSIDERED TO BE STATE NONMEMBER INSURED BANKS AND THE APPROPRIATE
FEDERAL AGENCY WITH RESPECT TO SUCH MUTUAL SAVINGS AND COOPERATIVE BANKS
SHALL BE THE FEDERAL DEPOSIT INSURANCE CORPORATION."
(B) TITLE IV OF THE NATIONAL HOUSING ACT IS AMENDED BY ADDING AT THE
END THEREOF THE FOLLOWING NEW SECTION:
"SEC. 413. NO INSURED INSTITUTION SHALL MAKE ANY FEDERALLY RELATED
MORTGAGE LOAN TO ANY AGENT, TRUSTEE, NOMINEE, OR OTHER PERSON ACTING IN
A FIDUCIARY CAPACITY WITHOUT THE PRIOR CONDITION THAT THE IDENTITY OF
THE PERSON RECEIVING THE BENEFICIAL INTEREST OF SUCH LOAN SHALL AT ALL
TIMES BE REVEALED TO THE INSTITUTION. //12 USC 1730F.// AT THE REQUEST
OF THE FEDERAL HOME LOAN BANK BOARD, THE INSURED INSTITUTION SHALL
REPORT TO THE BOARD ON THE IDENTITY OF SUCH PERSON AND THE NATURE AND
AMOUNT OF THE LOAN."
(C) THE FEDERAL DEPOSIT INSURANCE CORPORATION OR THE FEDERAL HOME
LOAN BANK BOARD AS APPROPRIATE MAY BY REGULATION EXEMPT CLASSES OR TYPES
OF TRANSACTIONS FROM THE PROVISIONS ADDED BY THIS SECTION IF THE
CORPORATION OR THE BOARD DETERMINES THAT THE PURPOSES OF SUCH PROVISIONS
WOULD NOT BE ADVANCED MATERIALLY BY THEIR APPLICATION TO SUCH
TRANSACTIONS. //12 USC 1730F NOTE.//
SEC. 12. NO FEE SHALL BE IMPOSED OR CHARGE MADE UPON ANY OTHER
PERSON (AS A PART OF SETTLEMENT COSTS OF OTHERWISE) BY A LENDER IN
CONNECTION WITH A FEDERALLY RELATED MORTGAGE LOAN MADE BY IT (OR A LOAN
FOR THE PURCHASE OF A MOBILE HOME), FOR OR ON ACCOUNT OF THE PREPARATION
AND SUBMISSION BY SUCH LENDER OF THE STATEMENT OR STATEMENTS REQUIRED
(IN CONNECTION WITH SUCH LOAN) BY SECTIONS 4 AND 6 OF THIS ACT OR BY THE
TRUTH IN LENDING ACT. //16 USC 1601 NOTE.//
SEC. 13. THE SECRETARY SHALL ESTABLISH AND PLACE IN OPERATION ON A
DEMONSTRATION BASIS, IN REPRESENTATIVE POLITICAL SUBDIVISIONS (SELECTED
BY HIM) IN VARIOUS AREAS OF THE UNITED STATES, A MODEL SYSTEM OR SYSTEMS
FOR THE RECORDATION OF LAND TITLE INFORMATION IN A MANNER AND FORM
CALCULATED TO FACILITATE AND SIMPLIFY LAND TRANSFERS AND MORTGAGE
TRANSACTIONS AND REDUCE THE COST THEREOF, WITH A VIEW TO THE POSSIBLE
DEVELOPMENT (UTILIZING THE INFORMATION AND EXPERIENCE GAINED UNDER THIS
SECTION) OF A NATIONALLY UNIFORM SYSTEM OF LAND PARCEL RECORDATION.
SEC. 14. (A) THE SECRETARY, AFTER CONSULATATION WITH THE
ADMINISTRATOR OF VETERANS' AFFAIRS, THE FEDERAL DEPOSIT INSURANCE
CORPORATION, AND THE FEDERAL HOME LOAN BANK BOARD, AND AFTER SUCH STUDY,
INVESTIGATION, AND HEARINGS (AT WHICH REPRESENTATIVES OF CONSUMERS
GROUPS SHALL BE ALLOWED TO TESTIFY) AS HE DEEMS APPROPRIATE, SHALL, NOT
LESS THAN THREE YEARS NOR MORE THAN FIVE YEARS FROM THE EFFECTIVE DATE
OF THIS ACT, REPORT TO THE CONGRESS ON WHETHER, IN VIEW OF THE
IMPLEMENTATION OF THE PROVISIONS OF THIS ACT IMPOSING CERTAIN
REQUIREMENTS AND PROHIBITING CERTAIN PRACTICES IN CONNECTION WITH REAL
ESTATE SETTLEMENTS, THERE IS ANY NECESSITY FOR FURTHER LEGISLATION IN
THIS AREA.
(B) IF THE SECRETARY CONCLUDES THAT THERE IS NECESSITY FOR FURTHER
LEGISLATION, HE SHALL REPORT TO THE CONGRESS ON THE SPECIFIC PRACTICES
OR PROBLEMS THAT SHOULD BE THE SUBJECT OF SUCH LEGISLATION AND THE
CORRECTIVE MEASURES THAT NEED TO BE TAKEN. IN ADDITION, THE SECRETARY
SHALL INCLUDE IN HIS REPORT--
(1) RECOMMENDATIONS ON THE DESIRABILITY OF REQUIRING LENDERS OF
FEDERALLY RELATED MORTGAGE LOANS TO BEAR THE COSTS OF PARTICULAR
REAL ESTATE SETTLEMENT SERVICES THAT WOULD OTHERWISE BE PAID FOR
BY BORROWERS;
(2) RECOMMENDATIONS ON WHETHER FEDERAL REGULATION OF THE
CHARGES FOR REAL ESTATE SETTLEMENT SERVICES IN FEDERALLY RELATED
MORTGAGE TRANSACTIONS IS NECESSARY AND DESIRABLE, A DESCRIPTION
AND ANALYSIS OF THE REGULATORY SCHEME HE BELIEVES CONGRESS SHOULD
ADOPT; AND
(3) RECOMMENDATIONS ON THE WAYS IN WHICH THE FEDERAL GOVERNMENT
CAN ASSIST AND ENCOURAGE LOCAL GOVERNMENTS TO MODERNIZE THEIR
METHODS FOR THE RECORDATION OF LAND TITLE INFORMATION, INCLUDING
THE FEASIBILITY OF PROVIDING FINANCIAL ASSISTANCE OR INCENTIVES TO
LOCAL GOVERNMENTS THAT SEEK TO ADOPT ONE OF THE MODEL SYSTEMS
DEVELOPED BY THE SECRETARY IN ACCORDANCE WITH THE PROVISIONS OF
SECTION 13 OF THIS ACT.
SEC. 15. THE SECRETARY SHALL, ON A DEMONSTRATION BASIS IN SELECTED
HOUSING MARKET AREAS, HAVE PREPARED AND INCLUDED IN THE SPECIAL
INFORMATION BOOKLETS REQUIRED TO BE FURNISHED UNDER SECTION 5 OF THIS
ACT, STATEMENTS OF THE RANGE OF COSTS FOR SPECIFIC SETTLEMENT SERVICES
IN SUCH AREAS. NOT LATER THAN JUNE 30, 1976, THE SECRETARY SHALL
TRANSMIT TO THE CONGRESS A FULL REPORT ON THE DEMONSTRATION CONDUCTED
UNDER THIS SECTION. SUCH REPORT SHALL CONTAIN THE SECRETARY'S
ASSESSMENT OF THE FEASIBILITY OF PREPARING AND INCLUDING SETTLEMENT COST
RANGE STATEMENTS FOR ALL HOUSING MARKET AREAS IN THE SPECIAL INFORMATION
BOOKLETS FOR SUCH AREAS.
SEC. 16. ANY ACTION TO RECOVER DAMAGES PURSUANT TO THE PROVISIONS
OF SECTION 6, 8, OR 9 MAY BE BROUGHT IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT IN WHICH THE PROPERTY INVOLVED IS LOCATED, OR IN ANY
OTHER COURT OF COMPETENT JURISDICTION, WITHIN ONE YEAR FROM THE DATE OF
THE OCCURRENCE OF THE VIOLATION.
SEC. 17. NOTHING IN THIS ACT SHALL AFFECT THE VALIDITY OR
ENFORCEABILITY OF ANY SALE OR CONTRACT FOR THE SALE OF REAL PROPERTY OR
ANY LOAN, LOAN AGREEMENT, MORTGAGE, OR LIEN MADE OR ARISING IN
CONNECTION WITH A FEDERALLY RELATED MORTGAGE LOAN.
SEC. 18. (A) THIS ACT DOES NOT ANNUL, ALTER, OR AFFECT, OR EXEMPT
ANY PERSON SUBJECT TO THE PROVISIONS OF THIS ACT FROM COMPLYING WITH,
THE LAWS OF ANY STATE WITH RESPECT TO SETTLEMENT PRACTICES, EXCEPT TO
THE EXTENT THAT THOSE LAWS ARE INCONSISTENT WITH ANY PROVISION OF THIS
ACT, AND THEN ONLY TO THE EXTENT OF THE INCONSISTENCY. THE SECRETARY IS
AUTHORIZED TO DETERMINE WHETHER SUCH INCONSISTENCIES EXIST. THE
SECRETARY MAY NOT DETERMINE THAT ANY STATE LAW IS INCONSISTENT WITH ANY
PROVISION OF THIS ACT IF THE SECRETARY DETERMINES THAT SUCH LAW GIVES
GREATER PROTECTION TO THE CONSUMER. IN MAKING THESE DETERMINATIONS THE
SECRETARY SHALL CONSULT WITH THE APPROPRIATE FEDERAL AGENCIES.
(B) NO PROVISION OF THIS ACT OR OF THE LAWS OF ANY STATE IMPOSING ANY
LIABILITY SHALL APPLY TO ANY ACT DONE OR OMITTED IN GOOD FAITH IN
CONFORMITY WITH ANY RULE, REGULATION, OR INTERPRETATION THEREOF BY THE
SECRETARY, NOTWITHSTANDING THAT AFTER SUCH ACT OR OMISSION HAS OCCURRED,
SUCH RULE, REGULATION, OR INTERPREATION IS AMENDED, RESCINDED, OR
DETERMINED BY JUDICIAL OR OTHER AUTHORITY TO BE INVALID FOR ANY REASON.
SEC. 19. THE PROVISIONS OF THIS ACT, AND THE AMENDMENTS MADE
THEREBY, SHALL BECOME EFFECTIVE ONE HUNDRED AND EIGHTY DAYS AFTER THE
DATE OF THE ENACTMENT OF THIS ACT. //12 USC 2601 NOTE.//
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 1177 ACCOMPANYING H. R. 9989 (COMM. ON
BANKING AND CURRENCY) AND NO. 93 - 1526 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 866 (COMM. ON BANKING, HOUSING AND URBAN
AFFAIRS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
JULY 16, 23, 24, CONSIDERED AND PASSED SENATE.
AUG. 14, CONSIDERED AND PASSED HOUSE, AMENDED, IN LIEU OF H.
R. 9989.
DEC. 9, SENATE AGREED TO CONFERENCE REPORT.
DEC. 11, HOUSE AGREED TO CONFERENCE REPORT.
PUBLIC LAW 93-532, 88 STAT 1723
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT (A) THE PROVISIONS
OF H. RES. 1238, NINETY-FIRST CONGRESS, AS ENACTED INTO PERMANENT LAW BY
THE SUPPLEMENTAL APPROPRIATIONS ACT, 1971 (84 STAT. 1989), ARE HEREBY
EXTENDED TO, AND MADE APPLICABLE WITH RESPECT TO, EACH FORMER SPEAKER OF
THE HOUSE OF REPRESENTATIVES, AS LONG AS HE DETERMINES THERE IS NEED
THEREFOR, COMMENCING AT THE EXPIRATION OF HIS TERM OF OFFICE AS
REPRESENTATIVE IN CONGRESS.
(B) SUBSECTION (A) SHALL NOT APPLY WITH RESPECT TO ANY FORMER SPEAKER
OF THE HOUSE OF REPRESENTATIVES FOR ANY PERIOD DURING WHICH SUCH FORMER
SPEAKER HOLDS AN APPOINTIVE OR ELECTIVE OFFICE OR POSITION IN OR UNDER
THE FEDERAL GOVERNMENT OR THE GOVERNMENT OF THE DISTRICT OF COLUMBIA TO
WHICH IS ATTACHED A RATE OF PAY OTHER THAN A NOMINAL RATE OR TO ANY
FORMER SPEAKER SEPARATED FROM THE SERVICE BY REASON OF EXPULSION FROM
THE HOUSE.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1425 (COMM. ON PUBLIC WORKS).
SENATE REPORT NO. 93 - 1306 (COMM. ON PUBLIC WORKS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
OCT. 7, CONSIDERED AND PASSED HOUSE.
DEC. 9, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-531, 88 STAT 1712
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT, (A) WITHIN THIRTY
DAYS AFTER ENACTMENT OF THIS ACT, THE DIRECTOR OF THE FEDERAL MEDIATION
AND CONCILIATION SERVICE SHALL APPOINT A MEDIATOR (HEREINAFTER REFERRED
TO AS THE "MEDIATOR") WHO SHALL ASSIST IN THE NEGOTIATIONS FOR THE
SETTLEMTN AND PARTITION OF THE RELATIVE RIGHTS AND INTERESTS, AS
DETERMINED BY THE DECISION IN THE CASE OF HEALING V. JONES (210 F.SUPP.
125, D. ARIZ., 1962, AFF'D 363 U.S. 758, 1963) (HEREINAFTER REFERRED TO
AS THE "HEALING CASE"), OF THE HOPI AND NAVAJO TRIBES (HEREINAFTER
REFERRED TO AS THE "TRIBES") TO AND IN LANDS WITHIN THE RESERVATION
ESTABLISHED BY THE EXECUTIVE ORDER OF DECEMBER 16, 1882, EXCEPT LAND
MANAGEMENT DISTRICT NO. 6 (SUCH LANDS HEREINAFTER REFERRED TO AS THE
"JOINT USE AREA"). //25 USC 640D.// THE MEDIATOR SHALL NOT HAVE ANY
INTEREST, DIRECT OR INDIRECT, IN THE SETTLEMENT OF THE INTERESTS AND
RIGHTS SET OUT IN THIS SUBSECTION. THE DUTIES OF THE MEDIATOR SHALL
CEASE UPON THE ENTERING OF A FULL AGREEMENT INTO THE RECORDS OF THE
SUPPLEMENTAL PROCEEDINGS PURSUANT TO SECTION 3 OR THE SUBMISSION OF A
REPORT TO THE DISTRICT COURT AFTER A DEFAULT IN NEGOTIATIONS OR A
PARTIAL AGREEMENT PURSUANT TO SECTION 4.
(B) THE PROCEEDINGS IN WHICH THE MEDIATOR SHALL BE ACTING UNDER THE
PROVISIONS OF THIS ACT SHALL BE THE SUPPLEMENTAL PROCEEDINGS IN THE
HEALING CASE NOW PENDING IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF ARIZONA (HEREINAFTER REFERRED TO AS "THE DISTRICT COURT").
(C)(1) THE MEDIATOR IS AUTHORIZED TO REQUEST FROM ANY DEPARTMENT,
AGENCY, OR INDEPENDENT INSTRUMENTALITY OF THE FEDERAL GOVERNMENT ANY
INFORMATION, PERSONNEL, SERVICE, OR MATERIALS HE DEEMS NECESSARY TO
CARRY OUT HIS RESPONSIBILITIES UNDER THE PROVISIONS OF THIS ACT. EACH
SUCH DEPARTMENT, AGENCY, OR INSTRUMENTALITY IS AUTHORIZED TO COOPERATE
WITH THE MEDIATOR AND TO COMPLY WITH SUCH REQUESTS TO THE EXTENT
PERMITTED BY LAW, ON A REIMBURSABLE OR NONREIMBURSABLE BASIS.
(2) TO FACILITATE THE EXPEDITIOUS AND ORDERLY COMPILATION AND
DEVELOPMENT OF FACTUAL INFORMATION RELEVANT TO THE NEGOTIATING PROCESS,
THE PRESIDENT SHALL, WITHIN FIFTEEN DAYS OF ENACTMENT OF THIS ACT,
ESTABLISH AN INTERAGENCY COMMITTEE CHAIRED BY THE SECRETARY OF THE
INTERIOR (HEREINAFTER REFERRED TO AS THE "SECRETARY") TO DEVELOP
RELEVANT INFORMATION AND TO RESPOND TO THE REQUESTS OF THE MEDIATOR.
(D) THE SECRETARY SHALL APPOINT A FULL-TIME REPRESENTATIVE AS HIS
LIAISON WITH THE MEDIATOR TO FACILITATE THE PROVISION OF INFORMATION AND
ASSISTANCE REQUESTED BY THE MEDIATOR FROM THE DEPARTMENT OF THE
INTERIOR.
(E) THE MEDIATOR MAY RETAIN THE SERVICES OF SUCH STAFF ASSISTANTS AND
CONSULTANTS AS HE SHALL DEEM NECESSARY, SUBJECT TO THE APPROVAL OF THE
DIRECTOR OF THE FEDERAL MEDIATION AND CONCILIATION SERVICE.
SEC. 2. (A) WITHIN THIMTY DAYS AFTER ENACTMENT OF THIS ACT, THE
SECRETARY SHALL COMMUNICATE IN WRITING WITH THE TRIBAL COUNCILS OF THE
TRIBES DIRECTING THE APPOINTMENT OF A NEGOTIATING TEAM REPRESENTING EACH
TRIBE. EACH NEGOTIATING TEAM SHALL BE COMPOSED OF NOT MORE THAN FIVE
MEMBERS TO BE CERTIFIED BY APPROPRIATE RESOLUTION OF THE RESPECTIVE
TRIBAL COUNCIL. //25 USC 640D - 1.// EACH TRIBAL COUNCIL SHALL PROMPTLY
FILL ANY VACANCIES WHICH MAY OCCUR ON ITS NEGOTATING TEAM.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EACH NOTIGATING TEAM, WHEN
APPOINTED AND CERTIFIED, SHALL HAVE FULL AUTHORITY TO BIND ITS TRIBE
WITH RESPECT TO ANY OTHER MATTER CONCERNING THE JOINT USE AREA WITHIN
THE SCOPE OF THIS ACT.
(B) IN THE EVENT EITHER OR BOTH OF THE TRIBAL COUNCILS FAIL TO SELECT
AND CERTIFY A NEGOTIATING TEAM WITHIN THIRTY DAYS AFTER THE SECRETARY
CERTIFY A NEGOTIATING TEAM WITHIN THIRTY DAYS AFTER THE SECRETARY
COMMUNICATES WITH THE TRIBAL COUNCIL UNDER SUBSECTION (A) OF THIS
SECTION OR TO SELECT AND CERTIFY A REPLACEMENT MEMBER WITHIN THIRTY DAYS
OF THE OCCURRENCE OF A VACANCY, THE PROVISIONS OF SUBSECTION (A) OF
SECTION 4 SHALL BECOME EFFECTIVE.
(C) WITHIN FIFTEEN DAYS AFTER FORMAL CERTIFICATION OF BOTH
NEGOTIATING TEAMS TO THE MEDIATOR, THE MEDIATOR SHALL SCHEDULE THE FIRST
NEGOTIATING SESSION AT SUCH TIME AND PLACE AS HE DEEMS APPROPRIATE. THE
NEGOTIATING SESSIONS, WHICH SHALL BE CHAIRED BY THE MEDIATOR, SHALL BE
HELD AT SUCH TIMES AND PLACES AS THE MEDIATOR DEEMS APPROPRIATE. AT
SUCH SESSIONS, THE MEDIATOR MAY, IF HE DEEMS IT APPROPRIATE, PUT FORWARD
HIS OWN SUGGESTIONS FOR PROCEDURE, THE AGENDA, AND THE RESOLUTION OF THE
ISSUES IN CONTROVERSY.
(D) IN THE EVENT EITHER NEGOTIATING TEAM FAILS TO ATTEND TWO
CONSECUTIVE SESSIONS OR, IN THE OPINION OF THE MEDIATOR, EITHER
NEGOTIATING TEAM FAILS TO BARGAIN IN GOOD FAITH OR AN IMPASSE IS
REACHED, THE PROVISIONS OF SUBSECTION (A) OF SECTION 4 SHALL BECOME
EFFECTIVE.
(E) IN THE EVEN OF A DISAGREEMENT WITHIN A NEGOTIATING TEAM THE
MAJORITY OF THE MEMBERS OF THE TEAM SHALL PREVAIL AND ACT ON BEHALF OF
THE TEAM UNLESS THE RESOLUTION OF THE TRIBAL COUNCIL CERTIFYING THE TEAM
SPECIFICALLY PROVIDES OTHERWISE.
SEC. 3. (A) IF, WITHIN ONE HUNDRED AND EIGHTY DAYS AFTER THE FIRST
SESSION SCHEDULED BY THE MEDIATOR UNDER SUBSECTION (C) OF SECTION 2,
//25 USC 640D - 2. // FULL AGREEMENT IS REACHED, SUCH AGREEMENT SHALL
BE PUT IN SUCH FORM AS THE MEDIATOR DETERMINES BEST EXPRESSES THE INTENT
OF THE TRIBES AND SHALL THEN BE SUBMITTED TO THE SECRETARY AND THE
ATTORNEY GENERAL OF THE UNITED STATES FOR THEIR COMMENTS AS THEY RELATE
TO THE INTEREST OF THE UNITED STATES IN THE PROCEEDINGS. THESE COMMENTS
ARE TO BE SUBMITTED TO THE MEDIATOR AND THE NEGOTIATING TEAMS WITHIN
THIRTY DAYS. THE NEGOTIATING TEAMS AND THE MEDIATOR SHALL THEN CONSIDER
THE COMMENTS AND, IF AGREEMENT CAN STILL BE REACHED ON TERMS ACCEPTABLE
TO THE NEGOTIATING TEAMS AND THE MEDIATOR WITHIN SIXTY DAYS OF RECEIPT
BY HIM OF THE COMMENTS, THE AGREEMENT SHALL BE PUT IN FINAL WRITTEN FORM
AND SHALL BE SIGNED BY THE MEMBERS OF THE NEGOTIATING TEAMS AND THE
MEDIATOR. THE MEDIATOR SHALL THEN CAUSE THE AGREEMENT TO BE ENTERED
INTO THE RECORDS OF THE SUPPLEMENTAL PROCEEDINGS IN THE HEALING CASE.
THE PROVISIONS OF THE AGREEMENT SHALL BE REVIEWED BY THE DISTRICT COURT,
MODIFIED WHERE NECESSARY, AND PUT INTO EFFECT IMMEDIATELY THEREAFTER.
(B) IF, WITHIN THE ONE HUNDRED AND EIGHTY DAY PERIOD REFERRED TO IN
SUBSECTION (A) OF THIS SECTION, A PARTIAL AGREEMENT HAS BEEN REACHED
BETWEEN THE TRIBES AND THEY WISH SUCH PARTIAL AGREEMENT TO GO INTO
EFFECT, THEY SHALL FOLLOW THE PROCEDURE SET FORTH IN SAID SUBSECTION
(A). THE PARTIAL AGREEMENT SHALL THEN BE CONSIDERED BY THE MEDIATOR IN
PREPARING HIS REPORT, AND THE DISTRICT COURT IN MAKING A FINAL
ADJUDICATION, PURSUANT TO SECTION 4.
(C) FOR THE PURPOSE OF THIS SECTION, THE NEGOTIATING TEAMS MAY MAKE
ANY PROVISION IN THE AGREEMENT OR PARTIAL AGREEMENT NOT INCONSISTENT
WITH EXISTING LAW. NO SUCH AGREEMENT OR ANY PROVISION IN IT SHALL
RESULT IN A TAKING BY THE UNITED STATES OF PRIVATE PROPERTY COMPENSABLE
UNDER THE FIFTH AMENDMENT OF THE CONSTITUTION OF THE UNITED STATES.
//USC PREC. TITLE 1.//
SEC. 4. (A) IF THE NEGOTIATING TEAMS FAIL TO REACH FULL AGREEMENT
WITHIN THE TIME PERIOD ALLOWED IN SUBSECTION (A) OF SECTION 3 //25 USC
640D - 3.// OR IF ONE OR BOTH OF THE TRIBES ARE IN DEFAULT UNDER THE
PROVISIONS OF SUBSECTIONS (B) OR (D) OF SECTION 2, THE MEDIATOR, WITHIN
NINETY DAYS THEREAFTER, SHALL PREPARE AND SUBMIT TO THE DISTRICT COURT A
REPORT CONTAINING HIS RECOMMENDATIONS FOR THE SETTLEMENT OF THE
INTERESTS AND RIGHTS SET OUT IN SUBSECTION (A) OF SECTION 1 WHICH SHALL
BE MOST REASONABLE AND EQUITABLE IN LIGHT OF THE LAW AND CIRCUMSTANCES
AND CONSISTENT WITH THE PROVISIONS OF THIS ACT. FOLLOWING THE DISTRICT
COURT'S REVIEW OF THE REPORT AND RECOMMENDATIONS (WHICH ARE NOT BINDING
THEREON) AND ANY FURTHER PROCEEDINGS WHICH THE DISTRICT COURT MAY
SCHEDULE, THE DISTIRCT COURT IS AUTHORIZED TO MAKE A FINAL ADJUDICATION,
INCLUDING PARTITION OF THE JOINT USE AREA, AND ENTER THE JUDGMENTS IN
THE SUPPLEMENTAL PROCEEDINGS IN THE HEALING CASE.
(B) ANY PROCEEDINGS AS AUTHORIZED IN SUBSECTION (A) HEREOF SHALL BE
ASSIGNED FOR HEARING AT THE EARLIEST POSSIBLE DATE, SHALL TAKE
PRECEDENCE OVER ALL OTHER MATTERS PENDING ON THE DOCKET OF THE DISTRICT
COURT AT THAT TIME, AND SHALL BE EXPEDITED IN EVERY WAY BY THE COURT.
SEC. T. (A) FOR THE PURPOSE OF FACILITATING AN AGREEMENT PURSUANT TO
SECTION 3 OR PREPARING A REPORT PURSUANT TO SECTION 4, THE MEDIATOR IS
AUTHORIZED-- //25 USC 640D - 4.//
(1) NOTWITHSTANDING THE PROVISIONS OF SECTION 2 OF THE ACT OF
MAY 25, 1918 (40 STAT. 570), TO RECOMMEND THAT, SUBJECT TO THE
CONSENT OF THE SECRETARY, THERE BE PURCHASED OR OTHERWISE ACQUIRED
ADDITIONAL LANDS FOR THE BENEFIT OF EITHER TRIBE FROM THE FUNDS OF
EITHER TRIBE OR FUNDS UNDER ANY OTHER AUTHORITY OF LAW;
(2) TO RECOMMEND THAT, SUBJECT TO THE CONSENT OF THE SECRETARY,
THERE BE UNDERTAKEN A PROGRAM OF RESTORATION OF LANDS LYING WITHIN
THE JOINT USE AREA, EMPLOYING FOR SUCH PURPOSE FUNDS AUTHORIZED BY
THIS ACT, FUNDS OF EITHER TRIBE, OR FUNDS UNDER ANY OTHER
AUTHORITY OF LAW;
(3) TO RECOMMEND THAT, SUBJECT TO THE CONSENT OF THE SECRETARY,
THERE BE UNDERTAKEN A PROGRAM FOR RELOCATION OF MEMBERS OF ONE
TRIBE FROM LANDS WHICH MAY BE PARTITIONED TO THE OTHER TRIBE IN
THE JOINT USE AREA;
(4) TO RECOMMEND, IN EXCEPTIONAL CASES WHERE NECESSARY TO
PREVENT PERSONAL HARDSHIP, A LIMITED TENURE FOR RESIDENTIAL USE,
NOT EXCEEDING A LIFE ESTATE, AND A PHASED RELOCATION OF MEMBERS OF
ONE TRIBE FROM LANDS WHICH MAY BE PARTITIONED TO THE OTHER TRIBE
IN THE JOINT USE AREA; AND
(5) TO MAKE UP ANY OTHER RECOMMENDATIONS AS ARE IN CONFORMITY
WITH THIS ACT AND THE HEALING CASE TO FACILITATE A SETTLEMENT.
(B) THE AUTHORIZATIONS CONTAINED IN SUBSECTION (A) OF THIS SECTION
SHALL BE DISCRETIONARY AND SHALL NOT BE CONSTRUED TO REPRESENT ANY
DIRECTIVE OF THE CONGRESS.
SEC. 6. THE MEDIATOR IN PREPARING HIS REPORT, AND THE DISTRICT COURT
IN MAKING THE FINAL ADJUDICATION, PURSUANT TO SECTION 4, //25 USC 640D -
5.// SHALL CONSIDER AND BE GUIDED BY THE DECISION OF THE HEALING CASE,
UNDER WHICH THE TRIBES HAVE JOINT, UNDIVIDED, AND EQUAL INTERESTS IN AND
TO ALL OF THE JOINT USE AREA; BY ANY PARTIAL AGREEMENT REACHED BY THE
PARTIES UNDER SUBSECTION (B) OF SECTION 3; BY THE LAST BEST OFFER FOR A
COMPLETE SETTLEMENT AS A PART OF THE NEGOTIATING PROCESS BY EACH OF THE
TRIBES; AND BY THE FOLLOWING:
(A) THE RIGHTS AND INTERESTS, AS DEFINED IN THE HEALING CASE, OF THE
HOPI TRIBE IN AND TO THAT PORTION OF THE RESERVATION ESTABLISHED BY THE
EXECUTIVE ORDER OF DECEMBER 16, 1882, WHICH IS KNOWN AS LAND MANAGEMENT
DISTRICT NO. 6 (HEREINAFTER REFERRED TO AS THE "HOPI RESERVATION") SHALL
NOT BE REDUCED OR LIMITED IN ANY MANNER.
(B) THE BOUNDARY LINES RESULTING FROM ANY PARTITIONING OF LANDS IN
THE JOINT USE AREA SHALL BE ESTABLISHED SO AS TO INCLUDE THE HIGHER
DENSITY POPULATION AREAS OF EACH TRIBE WITHIN THE PORTION OF THE LANDS
PARTITIONED TO SUCH TRIBE TO MINIMIZE AND AVOID UNDUE SOCIAL, ECONOMIC,
AND CULTURAL DISRUPTION INSOFAR AS PRACTICABLE.
(C) IN ANY DIVISION OF THE SURFACE RIGHTS TO THE JOINT USE AREA,
REASONABLE PROVISION SHALL BE MADE FOR THE USE OF AND RIGHT OF ACCESS TO
IDENTIFIED RELIGIOUS SHRINES FOR THE MEMBERS OF EACH TRIBE ON THE
RESERVATION OF THE OTHER TRIBE WHERE SUCH USE AND ACCESS ARE FOR
RELIGIOUS PURPOSES.
(D) IN ANY PARTITION OF THE SURFACE RIGHTS TO THE JOINT USE AREA, THE
LANDS SHALL, INSOFAR, AS IS PRACTICABLE, BE EQUAL IN ACREAGE AND
QUALITY; PROVIDED, THAT IF SUCH PARTITION RESULTS IN A LESSER AMOUNT OF
ACREAGE, OR VALUE, OR BOTH TO ONE TRIBE SUCH DIFFERENTIAL SHALL BE FULLY
AND FINALLY COMPENSABLE TO SUCH TRIBE BY THE OTHER TRIBE. THE VALUE OF
THE LAND FOR THE PURPOSES OF THIS SUBSECTION SHALL BE BASED ON NOT LESS
THAN ITS VALUE WITH IMPROVEMENTS AND ITS GRAZING CAPACITY FULLY
RESTORED: PROVIDED FURTHER, THAT, IN THE DETERMINATION OF COMPENSATION
FOR ANY SUCH DIFFERENTIAL, THE FEDERAL GOVERNMENT SHALL PAY ANY
DIFFERENCE BETWEEN THE VALUE OF THE PARTICULAR LAND INVOLVED IN ITS
EXISTING STATE AND THE VALUE OF SUCH LAND IN A FULLY RESTORED STATE
WHICH RESULTS FROM DAMAGE TO THE LAND WHICH THE DISTRICT COURT FINDS
ATTRIBUTABLE TO A FAILURE OF THE FEDERAL GOVERNMENT TO PROVIDE
PROTECTION WHERE SUCH PROTECTION IS OR WAS REQUIRED BY LAW OR BY THE
DEMANDS OF THE TRUST RELATIONSHIP.
(E) ANY LANDS PARTITIONED TO EACH TRIBE IN THE JOINT USE AREA SHALL,
WHERE FEASIBLE AND CONSISTENT WITH THE OTHER PROVISIONS OF THIS SECTION,
BE CONTIGUOUS TO THE RESERVATION OF EACH SUCH TRIBE.
(F) ANY BOUNDARY LINE BETWEEN LANDS PARTITIONED TO THE TWO TRIBES IN
THE JOINT USE AREA SHALL, INSOFAR AS IS PRACTICABLE, FOLLOW TERRAIN
WHICH WILL FACILITATE FENCING OR AVOID THE NEED FOR FENCING.
(G) ANY CLAIM THE HOPI TRIBE MAY HAVE AGAINST THE NAVAJO TRIBE FOR AN
ACCOUNTING OF ALL SUMS COLLECTED BY THE NAVAJO TRIBE SINCE SEPTEMBER 17,
1957, AS TRADER LICENSE FEES OR COMMISSIONS, LEASE RENTAL OR PROCEEDS,
OR OTHER SIMILAR CHARGES FOR DOING BUSINESS OR FOR DAMAGES IN THE USE OF
LANDS WITHIN THE JOINT USE AREA, SHALL BE FOR A ONE-HALF SHARE IN SUCH
SUMS.
(H) ANY CLAIM THE HOPI TRIBE MAY HAVE AGAINST THE NAVAJO TRIBE FOR
THE DETERMINATION AND RECOVERY OF THE FAIR VALUE OF THE GRAZING AND
AGRICULTURAL USE OF THE LANDS WITHIN THE JOINT USE AREA BY THE NAVAJO
TRIBE AND ITS INDIVIDUAL MEMBERS, SINCE SEPTEMBER 28, 1962, SHALL BE FOR
ONE-HALF OF SUCH VALUE.
SEC. 7. PARTITION OF THE SURFACE OF THE LANDS OF THE JOINT USE AREA
SHALL NOT AFFECT THE JOINT OWNERSHIP STATUS OF THE COAL, OIL, GAS, AND
ALL OTHER MINERALS WITHIN OR UNDERLYING SUCH LANDS. ALL SUCH COAL, OIL,
GAS AND OTHER MINERALS WITHIN OR UNDERLYING SUCH LANDS SHALL BE MANAGED
JOINTLY BY THE TWO TRIBES, SUBJECT TO SUPERVISION AND APPROVAL BY THE
SECRETARY AS OTHERWISE REQUIRED BY LAW, AND THE PROCEEDS THEREFROM SHALL
BE DIVIDED BETWEEN THE TRIBES, SHARE AND SHARE ALIKE.
SEC. 8. (A) EITHER TRIBE, ACTING THROUGH THE CHAIRMAN OF ITS TRIBAL
COUNCIL FOR AND ON BEHALF OF THE TRIBE, IS EACH HEREBY AUTHORIZED TO
COMMENCE OR DEFEND IN THE DISTRICT COURT AN ACTION AGAINST THE OTHER
TRIBE AND ANY OTHER TRIBE OF INDIANS CLAIMING ANY INTEREST IN OR TO THE
AREA DESCRIBED IN THE ACT OF JUNE 14, 1934, EXCEPT THE RESERVATION
ESTABLISHED BY THE EXECUTIVE ORDER OF DECEMBER 16, 1882, FOR THE PURPOSE
OF DETERMINING THE RIGHTS AND INTERESTS OF THE TRIBES IN AND TO SUCH
LANDS AND QUIETING TITLE THERETO IN THE TRIBES. //25 USC 640D - 7.//
(B) LANDS, IF ANY, IN WHICH THE NAVAJO TRIBE OR NAVAJO INDIVIDUALS
ARE DETERMINED BY THE DISTRICT COURT TO HAVE THE EXCLUSIVE INTEREST
SHALL CONTINUE TO BE A PART OF THE NAVAJO RESERVATION. LANDS, IF ANY,
IN WHICH THE HOPI TRIBE, INCLUDING ANY HOPI RESERVATION. LANDS, IF ANY,
IN WHICH THE HOPI TRIBE, INCLUDING ANY HOPI VILLAGE OR CLAN THEREOF, OR
HOPI INDIVIDUALS ARE DETERMINED BY THE DISTRICT COURT TO HAVE THE
EXCLUSIVE INTEREST SHALL THEREAFTER BE A RESERVATION FOR THE HOPI TRIBE.
ANY LANDS IN WHICH THE NAVAJO AND HOPI TRIBES OR NAVAJO OR HOPI
INDIVIDUALS ARE DETERMINED TO HAVE A JOINT OR UNDIVIDED INTEREST SHALL
BE PARTITIONED BY THE DISTRICT COURT ON THE BASIS OF FAIRNESS AND EQUITY
AND THE AREA SO PARTITIONED SHALL BE RETAINED IN THE NAVAJO RESERVATION
OR ADDED TO THE HOPI RESERVATION, RESPECTIVELY.
(C) THE NAVAJO AND HOPI TRIBES ARE HEREBY AUTHORIZED TO EXCHANGE
LANDS WHICH ARE PART OF THEIR RESPECTIVE RESERVATIONS.
(D) NOTHING IN THIS SECTION SHALL BE DEEMED TO BE A CONGRESSIONAL
DETERMINATION OF THE MERITS OF THE CONFLICTING CLAIMS TO THE LANDS THAT
ARE SUBJECT TO ADJUDICATION PURSUANT TO THIS SECTION, OR TO AFFECT THE
LIABILITY OF THE UNITED STATES, IF ANY, UNDER LITIGATION NOW PENDING
BEFORE THE INDIAN CLAIMS COMMISSION.
(E) THE SECRETARY OF THE INTERIOR IS AUTHORIZED TO PAY ANY OR ALL
APPROPRIATE LEGAL FEES, COURT COSTS, AND OTHER RELATED EXPENSES ARISING
OUT OF, OR IN CONNECTION WITH, THE COMMENCING OF, OR DEFENDING AGAINST,
ANY ACTION BROUGHT BY THE NAVAJO OR HOPI TRIBE UNDER THIS SECTION.
SEC. 9. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, THE
SECRETARY IS AUTHORIZED TO ALLOT IN SEVERALTY TO INDIVIDUAL PAIUTE
INDIANS, NOT NOW MEMBERS OF THE NAVAJO TRIBE, WHO ARE LOCATED WITHIN THE
AREA DESCRIBED IN THE ACT OF JUNE 14, 1934 (48 STAT. 960), //25 USC 640D
- 8.// AND WHO WERE LOCATED WITHIN SUCH AREA, OR ARE DIRECT DESCENDANTS
OF PAIUTE INDIANS WHO ARE LOCATED WITHIN SUCH AREA, OR ARE DIRECT
DESCENDANTS OF PAIUTE INDIANS WHO WERE LOCATED WITHIN SUCH AREA, ON THE
DATE OF SUCH ACT, LAND IN QUANTITIES AS SPECIFIED IN SECTION 1 OF THE
ACT OF FEBRUARY 8, 1887 (24 STAT. 388), AS AMENDED (25 U.S.C. 331), AND
PATENTS SHALL BE ISSUED TO THEM FOR SUCH LANDS HAVING THE LEGAL EFFECT
AND DECLARING THAT THE UNITED STATES HOLDS SUCH LAND IN TRUST FOR THE
SOLE USE AND BENEFIT OF EACH ALLOTTEE AND, FOLLOWING HIS DEATH, OF HIS
HEIRS ACCORDING TO THE LAWS OF THE STATE OF ARIZONA.
SEC. 10. (A) SUBJECT TO THE PROVISIONS OF SECTION 9 AND SUBSECTION
(A) OF SECTION 17, //25 USC 640D - 9.// ANY LANDS PARTITIONED TO THE
NAVAJO TRIBE PURSUANT TO SECTION 3 OR 4 AND THE LANDS DESCRIBED IN THE
ACT OF JUNE 14, 1934 (48 STAT. 960), EXCEPT THE LANDS AS DESCRIBED IN
SECTION 8, SHALL BE HELD IN TRUST BY THE UNITED STATES EXCLUSIVELY FOR
THE NAVAJO TRIBE AND AS A PART OF THE NAVAJO RESERVATION.
(B) SUBJECT TO THE PROVISIONS OF SECTION 9 AND SUBSECTION (A) OF
SECTION 17, ANY LANDS PARTITIONED TO THE HOPI TRIBE PURSUANT TO SECTION
3 OR 4 AND THE LANDS AS DESCRIBED IN SECTION 8 SHALL BE HELD IN TRUST BY
THE UNITED STATES EXCLUSIVELY FOR THE HOPI TRIBE AND AS A PART OF THE
HOPI RESERVATION.
SEC. 11. (A) THE SECRETARY IS AUTHORIZED AND DIRECTED TO TRANSFER
NOT TO EXCEED 250,000 ACRES OF LANDS UNDER THE JURISDICTION OF THE
BUREAU OF LAND MANAGEMENT WITHIN THE STATES OF ARIZONA OR NEW MEXICO TO
THE NAVAJO TRIBE: PROVIDED, THAT THE NAVAJO TRIBE SHALL PAY TO THE
UNITED STATES THE FAIR MARKET VALUE FOR SUCH LANDS AS MAY BE DETERMINED
BY THE SECRETARY. SUCH LANDS SHALL, IF POSSIBLE, BE CONTIGUOUS OR
ADJACENT TO THE EXISTING NAVAJO RESERVATION. TITLE TO SUCH LANDS WHICH
ARE CONTIGUOUS OR ADJACENT TO THE NAVAJO RESERVATION SHALL BE TAKEN BY
THE UNITED STATES IN TRUST FOR THE BENEFIT OF THE NAVAJO TRIBE. //25
USC 640D - 10.//
(B) ANY PRIVATE LANDS THE NAVAJO TRIBE ACQUIRES WHICH ARE CONTIGUOUS
OR ADJACENT TO THE NAVAJO RESERVATION MAY BE TAKEN BY THE UNITED STATES
IN TRUST FOR THE BENEFIT OF THE NAVAJO TRIBE: PROVIDED, THAT THE LAND
ACQUIRED PURSUANT TO SUBSECTION (A) AND THIS SUBSECTION SHALL NOT EXCEED
A TOTAL OF 250,000 ACRES.
SEC. 12. (A) THERE IS HEREBY ESTABLISHED AS AN INDEPENDENT ENTITY IN
THE EXECUTIVE BRANCH THE NAVAJO AND HOPI INDIAN RELOCATION COMMISSION
(HEREINAFTER REFERRED TO AS THE "COMMISSION").
(B) THE COMMISSION SHALL BE COMPOSED OF THREE MEMBERS APPOINTED BY
THE SECRETARY WITHIN SIXTY DAYS OF ENACTMENT OF THIS ACT. //25 USC 640D
- 11.//
(C) THE COMMISSION SHALL ELECT A CHAIRMAN AND VICE CHAIRMAN FROM
AMONG ITS MEMBERS.
(D) TWO MEMBERS OF THE COMMISSION SHALL CONSTITUTE A QUORUM. ANY
VACANCY IN THE COMMISSION SHALL NOT AFFECT ITS POWERS, BUT SHALL BE
FILLED IN THE SAME MANNER IN WHICH THE ORIGINAL APPOINTMENT WAS MADE.
(E) EACH MEMBER OF THE COMMISSION WHO IS NOT OTHERWISE EMPLOYED BY
THE UNITED STATES GOVERNMENT SHALL RECEIVE AN AMOUNT EQUAL TO THE DAILY
RATE PAID A GS-18 UNDER THE GENERAL SCHEDULE CONTAINED IN SECTION 5332
OF TITLE 5, UNITED STATES CODE, //5 USC 5332 NOTE.// FOR EACH DAY
(INCLUDING TIME IN TRAVEL) OR PORTION THEREOF DURING WHICH SUCH MEMBER
IS ENGAGED IN THE ACTUAL PERFORMANCE OF HIS DUTIES AS A MEMBER OF THE
COMMISSION. A MEMBER OF THE COMMISSION WHO IS AN OFFICER OR EMPLOYEE OF
THE UNITED STATES SHALL SERVE WITHOUT ADDITIONAL COMPENSATION. ALL
MEMBERS OF THE COMMISSION SHALL BE REIMBURSED FOR TRAVEL, SUBSISTENCE,
AND OTHER EXPENSES INCURRED BY THEM IN THE PERFORMANCE OF THEIR DUTIES.
(F) THE FIRST MEETING OF THE COMMISSION SHALL BE CALLED BY THE
SECRETARY FORTHWITH FOLLOWING THE DATE ON WHICH A MAJORITY OF THE
MEMBERS OF SUCH COMMISSION ARE APPOINTED AND QUALIFIED UNDER THIS ACT,
BUT IN NO EVENT LATER THAN SIXTY DAYS FOLLOWING SUCH DATE.
(G) SUBJECT TO SUCH RULES AND REGULATIONS AS MAY BE ADOPTED BY THE
COMMISSION, THE CHAIRMAN SHALL HAVE THE POWER TO--
(1) APPOINT AND FIX THE COMPENSATION OF AN EXECUTIVE DIRECTOR,
AND SUCH ADDITIONAL STAFF PERSONNEL AS HE DEEMS NECESSARY, WITHOUT
REGARD TO THE PROVISIONS OF TITLE 5, UNITED STATES CODE, GOVERNING
APPOINTMENTS IN THE COMPETITITVE SERVICE, AND WITHOUT REGARD TO
CHAPTER 51 AND SUBCHAPTER III OF CHAPTER 53 OF SUCH TITLE RELATING
TO CLASSIFICATION AND GENERAL SCHEDULE PAY RATES, BUT AT RATES NOT
IN EXCESS OF THE MAXIMUM RATE FOR GS-18 OF THE GENERAL SCHEDULE
UNDER SECTION 5332 OF SUCH TITLE; AND
(2) PROCURE TEMPORARY AND INTERMITTENT SERVICES TO THE SAME
EXTENT AS IS AUTHORIZED BY SECTION 3109 OF TITLE 5, UNITED STATES
CODE, BUT AT RATES NOT TO EXCEED $150 A DAY FOR INDIVIDUALS.
(H) THE DEPARTMENT OF THE INTERIOR SHALL FURNISH, ON A
NON-REIMBURSABLE BASIS, NECESSARY ADMINISTRATIVE AND HOUSEKEEPING
SERVICES FOR THE COMMISSION.
(I) THE COMMISSION SHALL CEASE TO EXIST WHEN THE PRESIDENT DETERMINES
THAT ITS FUNCTIONS HAVE BEEN FULLY DISCHARGED.
SEC. 13. (A) WITHIN THE TWENTY-FOUR MONTH PERIOD FOLLOIWNG THE DATE
OF ISSUANCE OF AN ORDER OF THE DISTRICT COURT PURSUANT TO SECTION 3 OR
4, THE COMMISSION SHALL PREPARE AND SUBMIT TO THE CONGRESS A REPORT
CONCERNING THE RELOCATION OF HOUSEHOLDS AND MEMBERS THEREOF OF EACH
TRIBE, AND THEIR PERSONAL PROPERTY, INCLUDING LIVESTOCK, FROM LANDS
PARTITIONED TO THE OTHER TRIBE PURSUANT TO SECTIONS 8 AND 3 OR 4. //25
USC 640D - 12.//
(B) SUCH REPORT SHALL CONTAIN, AMONG OTHER MATTERS, THE FOLLOWING:
(1) THE NAMES OF ALL MEMBERS OF THE NAVAJO TRIBE WHO RESIDE
WITHIN THE AREAS PARTITIONED TO THE HOPI TRIBE AND THE NAMES OF
ALL MEMBERS OF THE HOPI TRIBE WHO RESIDE WITHIN THE AREAS
PARTITIONED TO THE NAVAJO TRIBE; AND
(2) THE FAIR MARKET VALUE OF THE HABITATIONS AND IMPROVEMENTS
OWNED BY THE HEADS OF HOUSEHOLDS IDENTIFIED BY THE COMMISSION AS
BEING AMONG THE PERSONS NAMED IN CLAUSE (1) OF THIS SUBSECTION.
(C) SUCH REPORT SHALL INCLUDE A DETAILED PLAN PROVIDING FOR THE
RELOCATION OF THE HOUSEHOLDS AND THEIR MEMBERS IDENTIFIED PURSUANT TO
CLAUSE (1) OF SUBSECTION (B) OF THIS SECTION. SUCH PLAN (HEREINAFTER
REFERRED TO AS THE "RELOCATION PLAN") SHALL--
(1) BE DEVELOPED TO THE MAXIMUM EXTENT FEASIBLE IN CONSULATION
WITH THE PERSONS INVOLVED IN SUCH RELOCATION AND APPROPRIATE
REPRESENTATIVES OF THEIR TRIBAL COUNCILS;
(2) TAKE INTO ACCOUNT THE ADVERSE SOCIAL, ECONOMIC, CULTURAL,
AND OTHER IMPACTS OF RELOCATION ON PERSONS INVOLVED IN SUCH
RELOCATION AND BE DEVELOPED TO AVOID OR MINIMIZE, TO THE EXTENT
POSSIBLE, SUCH IMPACTS:
(3) IDENTIFY THE SITES TO WHICH SUCH HOUSEHOLDS SHALL BE
RELOCATED, INCLUDING THE DISTANCE INVOLVED;
(4) ASSURE THAT HOUSING AND RELATED COMMUNITY FACILITIES AND
SERVICES, SUCH AS WATER, SEWERS, ROADS, SCHOOLS, AND HEALTH
FACILITIES, FOR SUCH HOUSEHOLDS SHALL BE AVAILABLE AT THEIR
RELOCATION SITES; AND
(5) TAKE EFFECT THIRTY DAYS AFTER THE DATE OF SUBMISSION TO THE
CONGRESS PURSUANT TO SUBSECTION (A) OF THIS SECTION: PROVIDED,
HOWEVER, THAT THE COMMISSION IS AUTHORIZED AND DIRECTED TO PROCEED
WITH VOLUNTARY RELOCATIONS AS PROMPTLY AS PRACTICABLE FOLLOWING
ITS FIRST MEETING.
SEC. 14. (A) CONSISTENT WITH SECTION 8 AND THE ORDER OF THE DISTRICT
COURT ISSUED PURSUANT TO SECTION 3 OR 4, //25 USC 640D - 13.// THE
COMMISSION IS AUTHORIZED AND DIRECTED TO RELOCATE PURSUANT TO SECTION 8
AND SUCH ORDER ALL HOUSEHOLDS AND MEMBERS THEREOF AND THEIR PERSONAL
PROPERTY, INCLUDING LIVESTOCK, FROM ANY LANDS PARTITIONED TO THE TRIBE
OF WHICH THEY ARE NOT MEMBERS. THE RELOCATION SHALL TAKE PLACE IN
ACCORDANCE WITH THE RELOCATION PLAN AND SHALL BE COMPLETED BY THE END OF
FIVE YEARS FROM THE DATE ON WHICH THE RELOCATION PLAN TAKES EFFECT. NO
FURTHER SETTLEMENT OF NAVAJO INDIVIDUALS ON THE LANDS PARTITIONED TO THE
HOPI TRIBE PURSUANT TO THIS ACT OR ON THE HOPI RESERVATION SHALL BE
PARTITIONED TO THE NAVAJO TRIBE PURSUANT TO THIS ACT OR ON THE NAVAJO
RESERVATION SHALL BE PERMITTED UNLESS ADVANCE WRITTEN APPROVAL OF THE
NAVAJO TRIBE IS OBTAINED. NO INDIVIDUAL SHALL HEREAFTER BE ALLOWED TO
INCREASE THE NUMBER OF LIVESTOCK HE GRAZES ON ANY AREA PARTITIONED
PURSUANT TO THIS ACT TO THE TRIBE OF WHICH HE IS NOT A MEMBER, NOR SHALL
HE RETAIN ANY GRAZING RIGHTS IN ANY SUCH AREA SUBSEQENT TO HIS
RELOCATION THEREFROM.
(B) IN ADDITION TO THE PAYMENTS MADE PURSUANT TO SECTION 15, THE
COMMISSION SHALL MAKE PAYMENTS TO HEADS OF HOUSEHOLDS IDENTIFIED IN THE
REPORT PREPARED PURSUANT TO SECTION 13 UPON THE DATE OF RELOCATION OF
SUCH HOUSEHOLDS, AS DETERMINED BY THE COMMISSION, IN ACCORDANCE WITH THE
FOLLOWING SCHEDULE:
(1) THE SUM OF $5,000 TO EACH HEAD OF A HOUSEHOLD WHO, PRIOR TO
THE EXPIRATION OF ONE YEAR AFTER THE EFFECTIVE DATE OF THE
RELOCATION PLAN, CONTRACTS WITH THE COMMISSION TO RELOCATE;
(2) THE SUM OF $4,000 TO EACH HEAD OF A HOUSEHOLD WHO IS NOT
ELIGIBLE FOR THE PAYMENT PROVIDED FOR IN CLAUSE (1) OF THIS
SUBSECTION BUT WHO, PRIOR TO THE EXPIRATION OF TWO YEARS AFTER THE
EFFECTIVE DATE OF THE RELOCATION PLAN, CONTRACTS WITH THE
COMMISSION TO RELOCATE;
(3) THE SUM OF $3,000 TO EACH HEAD OF A HOUSEHOLD WHO IS NOT
ELIGIBLE FOR THE PAYMENTS PROVIDED FOR IN CLAUSE (1) OR (2) OF
THIS SUBSECTION BUT WHO, PRIOR TO THE EXPIRATION OF THREE YEARS
AFTER THE EFFECTIVE DATE OF THE RELOCATION PLAN, CONTRACTS WITH
THE COMMISSION TO RELOCATE; AND
(4) THE SUM OF $2,000 TO EACH HEAD OF A HOUSEHOLD WHO IS NOT
ELIGIBLE FOR THE PAYMENTS PROVIDED FOR IN CLAUSE (1), (2), OR (3)
OF THIS SUBSECTION BUT WHO, PRIOR TO THE EXPIRATION OF FOUR YEARS
AFTER THE EFFECTIVE DATE OF THE RELOCATION PLAN, CONTRACTS WITH
THE COMMISSION TO RELOCATE.
(C) NO PAYMENT SHALL BE MADE PURSUANT TO THIS SECTION TO OR FOR ANY
PERSON WHO, AFTER MAY 29, 1974, MOVED INTO AN AREA PARTITIONED PURSUANT
TO SECTION 8 OR SECTION 3 OR 4 TO A TRIBE OF WHICH HE IS NOT A MEMBER.
SEC. 15. (A) THE COMMISSION SHALL PURCHASE FROM THE HEAD OF EACH
HOUSEHOLD WHOSE HOUSEHOLD IS REQUIRED TO RELOCATE UNDER THE TERMS OF
THIS ACT THE HABITATION AND OTHER IMPROVEMENTS OWNED BY HIM ON THE AREA
FROM WHICH HE IS REQUIRED TO MOVE. //25 USC 640D - 14.// THE PURCHASE
PRICE SHALL BE THE FAIR MARKET VALUE OF SUCH HABITATION AND IMPROVEMENTS
AS DETERMINED UNDER CLAUSE (2) OF SUBSECTION (B) OF SECTION 13.
(B) IN ADDITION TO THE PAYMENTS MADE PURSUANT TO SUBSECTION (A) OF
THIS SECTION, THE COMMISSION SHALL:
(1) REIMBURSE EACH HEAD OF A HOUSEHOLD WHOSE HOUSEHOLD IS
REQUIRED TO RELOCATE PURSUANT TO THIS ACT FOR THE ACTUAL
REASONABLE MOVING EXPENSES OF THE HOUSEHOLD AS IF THE HOUSEHOLD
MEMBERS WERE DISPLACED PERSONS UNDER SECTION 202 OF THE UNIFORM
RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT
OF 1970 (84 STAT. 1894); //42 USC 4622.//
(2) PAY TO EACH HEAD OF A HOUSEHOLD WHOSE HOUSEHOLD IS REQUIRED
TO RELOCATE PURSUANT TO THIS ACT AN AMOUNT WHICH, WHEN ADDED TO
THE FAIR MARKET VALUE OF THE HABITATION AND IMPROVEMENTS PURCHASED
UNDER SUBSECTION (A) OF THIS SECTION, EQUALS THE REASONABLE COST
OF A DECENT, SAFE, AND SANITARY REPLACEMENT DWELLING ADEQUATE TO
ACCOMMODATE SUCH HOUSEHOLD: PROVIDED, THAT THE ADDITIONAL PAYMENT
AUTHORIZED BY THIS PARAGRAPH (2) SHALL NOT EXCEED $17,000 FOR A
HOUSEHOLD OF THREE OR LESS AND NOT MORE THAN $25,000 FOR A
HOUSEHOLD OF FOUR OR MORE, EXCEPT THAT THE COMMISSION MAY, AFTER
CONSULTATION WITH THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT,
ANNUALLY INCREASE OR DECREASE SUCH LIMITATIONS TO REFLECT CHANGES
IN HOUSING DEVELOPMENT AND CONSTRUCTION COSTS, OTHER THAN COSTS OF
LAND, DURING THE PRECEDING YEAR: PROVIDED FURTHER, THAT THE
ADDITIONAL PAYMENT AUTHORIZED BY THIS SUBSECTION SHALL BE MADE
ONLY TO A HEAD OF A HOUSEHOLD REQUIRED TO RELOCATE PURSUANT TO
THIS ACT WHO PURCHASES AND OCCUPIES SUCH REPLACEMENT DWELLING NOT
LATER THAN THE END OF THE TWO-YEAR PERIOD BEGINNING ON THE DATE ON
WHICH HE RECEIVES FROM THE COMMISSION FINAL PAYMENT FOR THE
HABITATION AND IMPROVEMENTS PURCHASED UNDER SUBSECTION (A) OF THIS
SECTION, OR ON THE DATE ON WHICH SUCH HOUSEHOLD MOVES FROM SUCH
HABITATION, WHICHEVER IS THE LATER DATE. THE PAYMENTS MADE
PURSUANT TO PARAGRAPH (2) SHALL BE USED ONLY FOR THE PURPOSE OF
OBTAINING DECENT, SAFE, AND SANITARY REPLACEMENT DWELLINGS
ADEQUATE TO ACCOMMODATE THE HOUSEHOLDS RELOCATED PURSUANT TO THIS
ACT.
(C) IN IMPLEMENTING SUBSECTION (B) OF THIS SECTION, THE COMMISSION
SHALL ESTABLISH STANDARDS CONSISTENT WITH THOSE ESTABLISHED IN THE
IMPLEMENTATION OF THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY
ACQUISITION POLICIES ACT OF 1970 (84 STAT. 1894). //42 USC 4601 NOTE.//
NO PAYMENT SHALL BE MADE PURSUANT TO THIS SECTION TO OR FOR ANY PERSON
WHO, LATER THAN ONE YEAR PRIOR TO THE DATE OF ENACTMENT OF THIS ACT,
MOVED INTO AN AREA PARTITIONED PURSUANT TO SECTION 8 OR SECTION 3 OR 4
TO A TRIBE OF WHICH HE IS NOT A MEMBER.
(D) THE COMMISSION SHALL BE RESPONSIBLE FOR THE PROVISION OF HOUSING
FOR EACH HOUSEHOLD ELIGIBLE FOR PAYMENTS UNDER THIS SECTION IN ONE OF
THE FOLLOWING MANNERS:
(1) SHOULD ANY HEAD OF HOUSEHOLD APPLY FOR AND BECOME A
PARTICIPANT OR HOMEBUYER IN A MUTUAL HELP HOUSING OR OTHER
HOMEOWNERSHIP OPPORTUNITY PROJECT UNDERTAKE UNDER THE UNITED
STATES HOUSING ACT OF 1937 (50 STAT. 888), AS AMENDED (42 U.S.C.
1401), OR IN ANY OTHER FEDERALLLY ASSISTED HOUSING PROGRAM NOW OR
HEREAFTER ESTABLISHED, THE AMOUNTS PAYABLE WITH RESPECT TO SUCH
HOUSEHOLD UNDER PARAGRAPH (2) OF SUBSECTION (B) OF THIS SECTION
AND UNDER SUBSECTION (A) OF THIS SECTION SHALL BE PAID TO THE
LOCAL HOUSING AGENCY OR SPONSOR INVOLVED AS A VOLUNTARY EQUITY
PAYMENT AND SHALL BE CREDITED AGAINST THE OUTSTANDING INDEBTEDNESS
OR PURCHASE PRICE OF THE HOUSEHOLD'S HOME IN THE PROJECT IN A
MANNER WHICH WILL ACCELERATE TO THE MAXIMUM EXTENT POSSIBLE THE
ACHIEVEMENT BY THAT HOUSEHOLD OF DEBT FREE HOMEOWNERSHIP.
(2) SHOULD ANY HEAD OF HOUSEHOLD WISH TO PURCHASE OR HAVE
CONSTRUCTED A DWELLING WHICH THE COMMISSION DETERMINES IS DECENT,
SAFE, SANITARY, AND ADEQUATE TO ACCOMMODATE THE HOUSEHOLD, THE
AMOUNTS PAYABLE WITH RESPECT TO SUCH HOUSEHOLD UNDER PARAGRAPH (2)
OF SUBSECTION (B) OF THIS SECTION AND UNDER SUBSECTION (A) OF THIS
SECTION SHALL BE PAID TO SUCH HEAD OF HOUSEHOLD IN CONNECTION WITH
SUCH PURCHASE OR CONSTRUCTION IN A MANNER WHICH THE COMMISSION
DETERMINES WILL ASSURE THE USE OF THE FUNDS FOR SUCH PURPOSE.
(3) SHOULD ANY HEAD OF HOUSEHOLD NOT MAKE TIMELY ARRANGEMENTS
FOR RELOCATION HOUSING, OR SHOULD ANY HEAD OF HOUSEHOLD ELECT AND
ENTER INTO AN AGREEMENT TO HAVE THE COMMISSION CONSTRUCT OR
ACQUIRE A HOME FOR THE HOUSEHOLD, THE COMMISSION MAY USE THE
AMOUNTS PAYABLE WITH RESPECT TO SUCH HOUSEHOLD UNDER PARAGRAPH (2)
OF SUBSECTION (B) OF THIS SECTION AND UNDER SUBSECTION (A) OF THIS
SECTION FOR THE CONSTRUCTION OR ACQUISITION (INCLUDING ENLARGEMENT
OR REHABILITATION IF NECESSARY) OF A HOME AND RELATED FACILITIES
FOR SUCH HOUSEHOLD: PROVIDED, THAT, THE COMMISSION MAY COMBINE
THE FUNDS FOR ANY NUMBER OF SUCH HOUSEHOLDS INTO ONE OR MORE
ACCOUNTS FROM WHICH THE COSTS OF SUCH CONSTRUCTION OR ACQUISITION
MAY BE PAID ON A PROJECT BASIS AND THE FUNDS IN SUCH ACCOUNT OR
ACCOUNTS SHALL REMAIN AVAILABLE UNTIL EXPENDED: PROVIDED FURTHER,
THAT THE TITLE TO EACH HOME CONSTRUCTED OR ACQUIRED BY THE
COMMISSION PURSUANT TO THIS PARAGRAPH SHALL BE VESTED IN THE HEAD
OF THE HOUSEHOLD FOR WHICH IT WAS CONSTRUCTED OR ACQUIRED UPON
OCCUPANCY BY SUCH HOUSEHOLD, BUT THIS SHALL NOT PRECLUDE SUCH HOME
BEING LOCATED ON LAND HELD IN TRUST BY THE UNITED STATES.
(E) THE COMMISSION IS AUTHORIZED TO DISPOSE OF DWELLINGS AND OTHER
IMPROVEMENTS ACQUIRED OR CONSTRUCTED PURSUANT TO THIS ACT IN SUCH
MANNER, INCLUDING RESALE OF SUCH DWELLINGS AND IMPROVEMENTS TO MEMBERS
OF THE TRIBE EXERCISING JURISDICTION OVER THE AREA AT PRICES NO HIGHER
THAN THE ACQUISITION OR CONSTRUCTION COSTS, AS BEST EFFECTS SECTION 8
AND THE ORDER OF THE DISTRICT COURT PURSUANT TO SECTION 3 OR 4.
SEC. 16. (A) THE NAVAJO TRIBE SHALL PAY TO THE HOPI TRIBE THE FAIR
RENTAL VALUE AS DETERMINED BY THE SECRETARY FOR ALL USE BY NAVAJO
INDIVIDUALS OF ANY LANDS PARTITIONED TO THE HOPI TRIBE PURSUANT TO
SECTIONS 8 AND 3 OR 4 SUBSEQUENT TO THE DATE OF THE PARTITION THEREOF.
//25 USC 640D - 15.//
(B) THE HOPI TRIBE SHALL PAY TO THE NAVAJO TRIBE THE FAIR RENTAL
VALUE AS DETERMINED BY THE SECRETARY FOR ALL USE BY HOPI INDIVIDUALS OF
ANY LANDS PARTITIONED TO THE NAVAJO TRIBE PURSUANT TO SECTIONS 8 AND 3
OR 4 SUBSEQUENT TO THE DATE OF THE PARTITION THEREOF.
SEC. 17. (A) NOTHING IN THIS ACT SHALL AFFECT THE TITLE, POSSESSION,
AND ENJOYMENT OF LANDS HERETOFORE ALLOTTED TO HOPI AND NAVAJO
INDIVIDUALS FOR WHICH PATENTS HAVE BEEN ISSUED. //25 USC 640D - SUBJECT
TO THE JURISDICTION OF THE NAVAJO TRIBE AND SUCH NAVAJO INDIVIDUALS
LIVING ON THE HOPI RESERVATION SHALL BE SUBJECT TO THE JURISDICTION OF
THE HOPI TRIBE.
(B) NOTHING IN THIS ACT SHALL REQUIRE THE RELOCATION FROM ANY AREA
PARTITIONED PURSUANT TO THIS ACT OF THE HOUSEHOLD OF ANY NAVAJO OR HOPI
INDIVIDUAL WHO IS EMPLOYED BY THE FEDERAL GOVERNMENT WITHIN SUCH AREA OR
TO PREVENT SUCH EMPLOYEES OR THEIR HOUSEHOLDS FROM RESIDING IN SUCH
AREAS IN THE FUTURE: PROVIDED, THAT ANY SUCH FEDERAL EMPLOYEE WHO
WOULD, EXCEPT FOR THE PROVISIONS OF THIS SUBSECTION, BE RELOCATED UNDER
THE TERMS OF THIS ACT MAY ELECT TO BE SO RELOCATED.
SEC. 18. (A) EITHER TRIBE, ACTING THROUGH THE CHAIRMAN OF ITS TRIBAL
COUNCIL, FOR AND ON BEHALF OF THE TRIBE, INCLUDING ALL VILLAGES, CLANS,
AND INDIVIDUAL MEMBERS THEREOF, IS HEREBY AUTHORIZED TO COMMENCE OR
DEFEND IN THE DISTRICT COURT AN ACTION OR ACTIONS AGAINST THE OTHER
TRIBE FOR THE FOLLOWING PURPOSES IF SUCH ACTION OR ACTIONS ARE NOT
SETTLED PURSUANT TO SECTION 3 OR 4: //25 USC 64OD - 17.// 4: //25 USC
640D - 17.//
(1) FOR AN ACCOUNTING OF ALL SUMS COLLECTED BY EITHER TRIBE
SINCE THE 17TH DAY OF SEPTEMBER 1957 AS TRADER LICENSE FEES OR
COMMISSION, LEASE PROCEEDS, OR OTHER SIMILAR CHARGES FOR THE DOING
OF BUSINESS OR THE USE OF LANDS WITHIN THE JOINT USE AREA, AND
JUDGMENT FOR ONE-HALF OF ALL SUMS SO COLLECTED, AND NOT PAID TO
THE OTHER TRIBE, TOGETHER WITH INTEREST AT THE RATE OF 6 PER
CENTUM PER ANNUM COMPOUNDED ANNUALLY;
(2) FOR THE DETERMINATION AND RECOVERY OF THE FAIR VALUE OF THE
GRAZING AND AGRICULTURAL USE BY EITHER TRIBE AND ITS INDIVIDUAL
MEMBERS SINCE THE 28TH DAY OF SEPTEMBER 1962 OF THE UNDIVIDED
ONE-HALF INTEREST OF THE OTHER TRIBE IN THE LANDS WITHIN THE JOINT
USE AREA, TOGETHER WITH INTEREST AT THE RATE OF 6 PER CENTUM PER
ANNUM COMPOUNDED ANNUALLY, NOTWITHSTANDING THE FACT THAT THE
TRIBES ARE TENANTS IN COMMON OF SUCH LANDS; AND
(3) FOR THE ADJUDICATION OF ANY CLAIMS THAT EITHER TRIBE MAY
HAVE AGAINST THE OTHER FOR DAMAGES TO THE LANDS TO WHICH TITLE WAS
QUIETED AS AFORESAID BY THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF ARIZONA IN SUCH TRIBES, SHARE AND SHARE ALIKE, SUBJECT
TO THE TRUST TITLE OF THE UNITED STATES, WITHOUT INTEREST,
NOTWITHSTANDING THE FACT THAT SUCH TRIBES ARE TENANTS IN COMMON OF
SUCH LANDS: PROVIDED, THAT THE UNITED STATES MAY BE JOINED AS A
PARTY TO SUCH AN ACTION AND, IN SUCH CASE, THE PROVISIONS OF
SECTIONS 1346(A)(2) AND 1505 OF TITLE 28, UNITED STATES CODE,
SHALL NOT BE APPLICABLE TO SUCH ACTION.
(B) NEITHER LACHES NOR THE STATUTE OF LIMITATIONS SHALL CONSTITUTE A
DEFENSE TO ANY ACTION AUTHORIZED BY THIS ACT FOR EXISTING CLAIMS IF
COMMENCED WITHIN TWO YEARS FROM THE EFFECTIVE DATE OF THIS ACT OR ONE
HUNDRED AND EIGHTY DAYS FROM THE DATE OF ISSUANCE OF AN ORDER OF THE
DISTRICT COURT PURSUANT TO SECTION 3 OR 4, WHICHEVER IS LATER.
(C) EITHER TRIBE MAY INSTITUTE SUCH FURTHER ORIGINAL, ANCILLARY, OR
SUPPLEMENTARY ACTIONS AGAINST THE OTHER TRIBE AS MAY BE NECESSARY OR
DESIRABLE TO INSURE THE QUIET AND PEACEFUL ENJOYMENT OF THE RESERVATION
LANDS OF THE TRIBES BY THE TRIBES AND THE MEMBERS THEREOF, AND TO FULLY
ACCOMPLISH ALL OBJECTS AND PURPOSES OF THIS ACT. SUCH ACTIONS MAY BE
COMMENCED IN THE DISTRICT COURT BY EITHER TRIBE AGAINST THE OTHER,
ACTING THROUGH THE CHAIRMAN OF ITS TRIBAL COUNCIL, FOR AND ON BEHALF OF
THE TRIBE, INCLUDING ALL VILLAGES, CLANS, AND INDIVIDUAL MEMBERS
THEREOF.
(D) EXCEPT AS PROVIDED IN CLAUSE (3) OF SUBSECTION (A) OF THIS
SECTION, THE UNITED STATES SHALL T BE AN INDISPENSABLE PARTY TO ANY
ACTION OR ACTIONS COMMENCED PURSUANT TO THIS SECTION. ANY JUDGMENT OR
JUDGMENTS BY THE DISTRICT COURT IN SUCH ACTION OR ACTIONS SHALL NOT BE
REGARDED AS A CLAIM OR CLAIMS AGAINST THE UNITED STATES.
(E) ALL APPLICABLE PROVISIONAL AND FINAL REMEDIES AND SPECIAL
PROCEEDINGS PROVIDED FOR BY THE FEDERAL RULES OF CIVIL PROCEDURE AND ALL
OTHER REMEDIES AND PROCESSES AVAILABLE FOR THE ENFORCEMENT AND
COLLECTION OF JUDGMENTS IN THE DISTRICT COURTS OF THE UNITED STATES MAY
BE USED IN THE ENFORCEMENT AND COLLECTION OF JUDGMENTS OBTAINED PURSUANT
TO THE PROVISIONS OF THIS ACT.
SEC. 19. (A) NOTWITHSTANDING ANY PROVISION OF THIS ACT, OR ANY ORDER
OF THE DISTRICT COURT PURSUANT TO SECTION 3 OR 4, //25 USC 640D -
REDUCTION OF THE NUMBERS OF ALL THE LIVESTOCK NOW BEING GRAZED UPON THE
LANDS WITHIN THE JOINT USE AREA AND COMPLETE SUCH REDUCTIONS TO CARRYING
CAPACITY OF SUCH LANDS, AS DETERMINED BY THE USUAL RANGE CAPACITY
STANDARDS AS ESTABLISHED BY THE SECRETARY AFTER THE DATE OF ENACTMENT OF
THIS ACT. THE SECRETARY IS DIRECTED TO INSTITUTE SUCH CONSERVATION
PRACTICES AND METHODS WITHIN SUCH AREA AS ARE NECESSARY TO RESTORE THE
GRAZ ING POTENTIAL OF SUCH AREA TO THE MAXIMUM EXTENT FEASIBLE.
(B) THE SECRETARY, UPON THE DATE OF ISSUANCE OF AN ORDER OF THE
DISTRICT COURT PURSUANT TO SECTIONS 8 AND 3 OR 4, SHALL PROVIDE FOR THE
SURVEY LOCATION OF MONUMENTS, AND FENCING OF BOUNDARIES OF ANY LANDS
PARTITIONED PURSUANT TO SECTIONS 8 AND 3 OR 4.
SEC. 20. THE MEMBERS OF THE HOPI TRIBE SHALL HAVE PERPETUAL USE OF
CLIFF SPRING AS SHOWN ON USGS 7 1/2 MINUTE QUAD NAMED TOH NE ZHONNIE
SPRING, ARIZONA, NAVAJO COUNTY, DATED 1968; AND LOCATED 1,250 FEET WEST
AND 200 FEET SOUTH OF THE INTERSECTION OF 36 DEGREES, 17 MINUTES, 30
SECONDS NORTH LATITUDE AND AND 110 DEGREES, 9 MINUTES WEST LONGITUDE, AS
A SHRINE FOR RELIGIOUS CEREMONIAL PURPOSES, TOGETHER WITH THE RIGHT TO
GATHER BRANCHES OF FIR TREES GROWING WITHIN A 2-MILE RADIUS OF SAID
SPRING FOR USE IN SUCH RELIGIOUS CEREMONIES, AND THE FURTHER RIGHT OF
INGRESS, EGRESS, AND REGRESS BETWEEN THE HOPI RESERVATION AND SAID
SPRING. //25 USC 640D - 19.// THE HOPI TRIBE IS HEREBY AUTHORIZED TO
FENCE SAID SPRING UPON THE BOUNDARY LINE AS FOLLOWS:
BEGINNING AT A POINT ON THE 36 DEGREES, 17 MINUTES, 30 SECONDS
NORTH LATITUDE 500 FEET WEST OF ITS INTERSECTION WITH 110 DEGREES,
9 MINUTES WEST LONGITUDE, THE POINT OF BEGINNING;
THENCE NORTH 46 DEGREES WEST, 500 FEET TO A POINT ON THE RIM
TOP AT ELEVATION 6,900 FEET;
THENCE SOUTHWESTERNLY 1,200 FEET (IN A STRAIGHT LINE) FOLLOWING
THE 6,900 CONTOUR;
THENCE SOUTH 46 DEGREES EAST, 600 FEET;
THENCE NORTH 38 DEGREES EAST, 1,300 FEET TO THE POINT OF
BEGINNING, 23.8 ACRES MORE OR LESS: PROVIDED, THAT, IF AND WHEN
SUCH SPRING IS FENCED, THE HOPI TRIBE SHALL PIPE THE WATER
THEREFROM TO THE EDGE OF THE BOUNDARY AS HEREINABOVE DESCRIBED FOR
THE USE OF RESIDENTS OF THE AREA. THE NATURAL STAND OF FIR TREES
WITHIN SUCH 2-MILE RADIUS SHALL BE CONSERVED FOR SUCH RELIGIOUS
PURPOSES.
SEC. 21. NOTWITHSTANDING ANYTHING CONTAINED IN THIS ACT TO THE
CONTRARY, THE SECRETARY SHALL MAKE REASONABLE PROVISION FOR THE USE OF
AND RIGHT OF ACCESS TO IDENTIFIED RELIGIOUS SHRINES FOR THE MEMBERS OF
EACH TRIBE ON THE RESERVATION OF THE OTHER TRIBE WHERE SUCH USE AND
ACCESS ARE FOR RELIGIOUS PURPOSES. //25 USC 640D - 20.//
SEC. 22. THE AVAILABILITY OF FINANCIAL ASSISTANCE OR FUNDS PAID
PURSUANT TO THIS ACT MAY NOT BE CONSIDERED AS INCOME OR RESOURCES OR
OTHERWISE UTILIZED AS THE BASIS //25 USC 640D - 21.// (1) FOR DENYING A
HOUSEHOLD OR MEMBER THEREOF PARTICIPATION IN ANY FEDERALLY ASSISTED
HOUSING PROGRAM OR (2) FOR DENYING OR REDUCING THE FINANCIAL ASSISTANCE
OR OTHER BENEFITS TO WHICH SUCH HOUSEHOLD OR MEMBER WOULD OTHERWISE BE
ENTITLED TO UNDER THE SOCIAL SECURITY ACT OR ANY OTHER FEDERAL OR
FEDERALLY ASSISTED PROGRAM. NONE OF THE FUNDS PROVIDED UNDER THIS ACT
SHALL BE SUBJECT TO FEDERAL OR STATE INCOME TAXES.
SEC. 23. THE NAVAJO AND HOPI TRIBES ARE HEREBY AUTHORIZED TO
EXCHANGE LANDS WHICH ARE PART OF THEIR RESPECTIVE RESERVATIONS. //25
USC 640D -
SEC. 24. IF ANY PROVISION OF THIS ACT, OR THE APPLICATION OF ANY
PROVISION TO ANY PERSON, ENTITY OR CIRCUMSTANCE, IS HELD INVALID, THE
REMAINDER OF THIS ACT SHALL NOT BE AFFECTED THEREBY. //25 USC 640D -
23.//
SEC. 25. (A)(1) FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF
SECTION 15, THERE IS HEREBY AUTHORIZED TO BE APPROPRIATED NOT TO EXCEED
$31,500,000. //25 USC 640D - 24.//
(2) FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF SUBSECTION (A)
OF SECTION 19, THERE IS HEREBY AUTHORIZED TO BE APPROPRIATED NOT TO
EXCEED $10,000,000.
(3) FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF SUBSECTION (B)
OF SECTION 19, THERE IS HEREBY AUTHORIZED TO BE APPROPRIATED NOT TO
EXCEED $500,000.
(4) FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF SUBSECTION (B)
OF SECTION 14, THERE IS HEREBY AUTHOIZED TO BE APPROPRIATED NOT TO
EXCEED $5,500,000.
(5) THERE IS HEREBY AUTHORIZED TO BE APPROPRIATED ANNUALLY NOT TO
EXCEED $500,000 FOR THE EXPENSES OF THE COMMISSION.
(6) THERE IS HEREBY AUTHORIZED TO BE APPROPRIATED NOT TO EXCEED
$500,000 FOR THE SERVICES AND EXPENSES OF THE MEDIATOR AND THE
ASSISTANTS AND CONSULTANTS RETAINED BY HIM: PROVIDED, THAT, ANY
CONTRARY PROVISION OF LAW NOTWITHSTANDING, UNTIL SUCH TIME AS FUNDS ARE
APPROPRIATED AND MADE AVAILABLE PURSUANT TO THIS AUTHORIZATION, THE
DIRECTOR OF THE FEDERAL MEDIATION AND CONCILIATION SERVICE IS AUTHORIZED
TO PROVIDE FOR THE SERVICES AND EXPENSES OF THE MEDIATOR FROM ANY OTHER
APPROPRIATED FUNDS AVAILABLE TO HIM AND TO REIMBURSE SUCH APPROPRIATIONS
WHEN FUNDS ARE APPROPRIATED PURSUANT TO THIS AUTHORIZATION, SUCH
REIMBURSEMENT TO BE CREDITED TO APPROPRIATIONS CURRENTLY AVAILABLE AT
THE TIME OF RECEIPT THEREOF.
(B) THE FUNDS APPROPRIATED PURSUANT TO THE AUTHORIZATIONS PROVIDED IN
THIS ACT SHALL REMAIN AVAILABLE UNTIL EXPENDED.
SEC. 26. SECTION 10 OF THE ACT ENTITLED "AN ACT TO PROMOTE THE
REHABILITATION OF THE NAVAJO AND HOPI TRIBES OF INDIANS AND A BETTER
UTILIZATION OF THE RESOURCES OF THE NAVAJO AND HOPI INDIAN RESERVATIONS,
AND FOR OTHER PURPOSES", APPROVED APRIL 19, 1950 (64 STAT. 47; 25
U.S.C. 640) IS REPEALED EFFECTIVE CLOSE OF BUSINESS DECEMBER 31, 1974.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 909 (COMM. ON INTERIOR AND INSULAR AFFAIRS).
SENATE REPORT NO. 93 - 1177 (COMM. ON INTERIOR AND INSULAR
AFFAIRS).
CONGRESSIONAL RECORD, VOL. 120 (1974);
MAR. 18, 29, CONSIDERED AND PASSED HOUSE.
NOV. 26, DEC. 2, CONSIDERED AND PASSED SENATE, AMENDED.
DEC. 10, HOUSE CONCURRED IN SENATE AMENDMENTS.
such hopI HNDDBRD ACS L V N Nh E O VsK ESERVATCO I Ln gE the
secrE7 RY( 2 U3HER ZBD A DhG Rx Ex J IMMEDIAZE B MkE Ca
PUBLIC LAW 93-530, 88 STAT 1711
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE SECRETARY OF
THE INTERIOR (HEREINAFTER REFERRED TO AS THE "SECRETARY") IS HEREBY
AUTHORIZED AND DIRECTED TO ACQUIRE THROUGH PURCHASE WITHIN THE SO-CALLED
SAN CARLOS MINERAL STRIP AS OF JANUARY 24, 1969, ALL PRIVATELY OWNED
REAL PROPERTY, TAKING TITLE THERETO IN THE NAME OF THE UNITED STATES IN
TRUST FOR THE SAN CARLOS APACHE INDIAN TRIBE.
SEC. 2. THE SECRETARY IS AUTHORIZED AND DIRECTED TO PURCHASE, FROM
THE OWNERS ALL RANGE IMPROVEMENTS OF A PERMANENT NATURE PLACED, UNDER
THE AUTHORITY OF A PERMIT FROM OR AGREEMENT WITH THE UNITED STATES, ON
THE LANDS RESTORED TO THE SAN CARLOS APACHE INDIAN TRIBE FOR THE
REASONABLE VALUE OF SUCH IMPORVEMENTS, AS DETERMINED BY THE SECRETARY:
PROVIDED, HOWEVER, THAT, IF ANY SUCH RANGE IMPORVEMENTS WERE CONSTRUCTED
UNDER COOPERATIVE AGREEMENT WITH THE FEDERAL GOVERNMENT, THE REASONABLE
VALUE SHALL BE DECREASED PROPORTIONATELY BY THE PERCENTAGE OF ORIGINAL
FEDERAL PARTICIPATION. SUCH PERMANENT IMPROVEMENTS SHALL INCLUDE, BUT
NOT BE LIMITED TO, WELLS, WINDMILLS, WATER TANKS, PONDS, DAMS, ROADS,
FENCES, CORRALS AND BUILDINGS. THE SECRETARY SHALL TAKE TITLE TO SUCH
RANGE IMPROVEMENTS IN THE NAME OF THE UNITED STATES IN TRUST FOR THE SAN
CARLOS APACHE INDIAN TRIBE.
SEC. 3. THERE ARE AUTHORIZED TO BE APPROPRIATED FOR THE PURPOSES OF
THIS ACT NOT TO EXCEED $3,000,000 TO BE AVAILABLE WITHOUT FISCAL YEAR
LIMITATION: PROVIDED, THAT IN NO EVENT SHALL ANY PERSON RECEIVE TOTAL
COMPENSATION UNDER THIS ACT IN EXCESS OF $300,000: PROVIDED FURTHER,
THAT THE SECRETARY SHALL MAKE A FAIR DETERMINATION OF COMPENSATION FOR
PROPERTY ACQUIRED PURSUANT TO THIS ACT: AND PROVIDED FURTHER, THAT THE
SECRETARY SHALL MAKE SUCH APPRAISALS AND REQUIRE THE OWNERS TO PRESENT
SUCH DOCUMENTS AS TITLE, TAX ASSESSMENT, BILLS OF SALE, OTHER PAPER, AND
OTHER EVIDENCE WHICH HE MAY DEEM NECESSARY FOR SUCH DETERMINATION.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 465 (COMM. ON INTERIOR AND INSULAR AFFAIRS).
SENATE REPORT NO. 93 - 1234 (COMM. ON INTERIOR AND INSULAR
AFFAIRS).
CONGRESSIONAL RECORD:
VOL. 119 (1973): DEC. 18, CONSIDERED AND PASSED HOUSE.
VOL. 120 (1974); OCT. 8, CONSIDERED AND PASSED SENATE,
AMENDED. OCT. 11, HOUSE CONCURRED IN SENATE AMENDMENT WITH AN
AMENDMENT; DEC. 4, SENATE CONCURRED IN HOUSE AMENDMENT WITH AN
AMENDMENT; DEC. 9, HOUSE CONCURRED IN SENATE AMENDMENT.
PUBLIC LAW 93-529, 88 STAT 1710
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE FOLLOWING
RESCISSIONS OF BUDGET AUTHORITY CONTAINED IN THE MESSAGES OF THE
PRESIDENT OF SEPTEMBER 20, 1974 (H. DOC. 93 - 361), OCTOBER 4, 1974 (H.
DOC. 93 - 365) AND NOVEMBER 13, 1974 (H. DOC. 93 - 387) ARE MADE
PURSUANT TO SECTION 1012 OF THE IMPOUNDMENT CONTROL ACT OF 1974, //ANTE,
P. 333.// NAMELY:
COLLEGE HOUSING
THE LIMITATION OTHERWISE APPLICABLE TO THE TOTAL PAYMENTS THAT MAY BE
REQUIRED IN ANY FISCAL YEAR BY ALL CONTRACTS ENTERED INTO UNDER TITLE IV
OF THE HOUSING ACT OF 1950, AS AMENDED (12 U.S.C. 1749 ET SEQ.), IS
HEREBY REDUCED BY THE UNCOMMITTED BALANCES OF AUTHORIZATIONS HERETOFORE
PROVIDED FOR THIS PURPOSE IN APPROPRIATION ACTS.
BUREAU OF LAND MANAGEMENT
CONTRACT AUTHORITY PROVIDED FOR THE FISCAL YEAR ENDING JUNE 30, 1973
BY SECTION 105(A)(8) OF THE FEDERAL-AID HIGHWAY ACT OF 1970 (PUBLIC LAW
91 - 605) //84 STAT. 1715.// FOR "PUBLIC LANDS DEVELOPMENT ROADS AND
TRAILS" IS RESCINDED IN THE AMOUNT OF $4,891,000.
NATIONAL PARK SERVICE
CONTRACT AUTHORITY PROVIDED FOR THE FISCAL YEAR ENDING JUNE 30, 1973
BY SECTION 105(A)(10) OF THE FEDERAL-AID HIGHWAY ACT OF 1970 (PUBLIC LAW
91 - 605) //84 STAT. 1716.// FOR "PARKWAYS" IS RESCINDED IN THE AMOUNT
OF $10,461,000.
FOREST SERVICE
CONTRACT AUTHORITY PROVIDED FOR THE FISCAL YEAR ENDING JUNE 30, 1973
BY SECTION 105(A)(7) OF THE FEDERAL-AID HIGHWAY ACT OF 1970 (PUBLIC LAW
91 - 605) //84 STAT. 1715.// FOR "FOREST DEVELOPMENT ROADS AND TRAILS"
IS RESCINDED IN THE AMOUNT OF $61,611,000.
APPALACHIAN REGIONAL DEVELOPMENT PROGRAMS
THE AUTHORITY TO INCUR OBLIGATIONS PROVIDED BY SUBSECTION (F) OF
SECTION 208 OF THE APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965, AS
AMENDED (85 STAT. 169, 40 APP. U.S.C. 208), IS RESCINDED. //40 USC APP.
208 NOTE.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1501 (COMM. ON APPROPRIATIONS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
DEC. 4, CONSIDERED AND PASSED HOUSE.
DEC. 10, CONSIDERED AND PASSED SENATE.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VOL. 10, NO. 52:
DEC. 23, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-528, 88 STAT 1706, ANTITRUST PROCEEDURES AND PENALTIES
ACT.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THIS ACT MAY BE
CITED AS THE "ANTITRUST PROCEDURES AND PENALTIES ACT". //15 USC 16
NOTE.//
CONSENT DECREE PROCEDURES //15 USC 16.//
SEC. 2. SECTION 5 OF THE ACT ENTITLED "AN ACT TO SUPPLEMENT EXISTING
LAWS AGAINST UNLAWFUL RESTRAINTS AND MONOPOLIES, AND FOR OTHER
PURPOSES", APPROVED OCTOBER 15, 1914 (15 U.S.C. 16), IS AMENDED BY
REDESIGNATING SUBSECTION (B) AS (I) AND BY INSERTING IMMEDIATELY AFTER
SUBSECTION (A) THE FOLLOWING:
"(B) ANY PROPOSAL FOR A CONSENT JUDGMENT SUBMITTED BY THE UNITED
STATES FOR ENTRY IN ANY CIVIL PROCEEDING BROUGHT BY OR ON BEHALF OF THE
UNITED STATES UNDER THE ANTITRUST LAWS SHALL BE FILED WITH THE DISTRICT
COURT BEFORE WHICH SUCH PROCEEDING IS PENDING AND PUBLISHED BY THE
UNITED STATES IN THE FEDERAL REGISTER AT LEAST 60 DAYS PRIOR TO THE
EFFECTIVE DATE OF SUCH JUDGMENT. ANY WRITTEN COMMENTS RELATING TO SUCH
PROPOSAL AND ANY RESPONSES BY THE UNITED STATES THERETO, SHALL ALSO BE
FILED WITH SUCH DISTRICT COURT AND PUBLISHED BY THE UNITED STATES IN THE
FEDERAL REGISTER WITHIN SUCH SIXTY-DAY PERIOD. COPIES OF SUCH PROPOSAL
AND ANY OTHER MATERIALS AND DOCUMENTS WHICH THE UNITED STATES CONSIDERED
DETERMINATIVE IN FORMULATING SUCH PROPOSAL, SHALL ALSO BE MADE AVAILABLE
TO THE PUBLIC AT THE DISTRICT COURT AND IN SUCH OTHER DISTRICTS AS THE
COURT MAY SUBSEQUENTLY DIRECT. SIMULTANEOUSLY WITH THE FILING OF SUCH
PROPOSAL, UNLESS OTHERWISE INSTRUCTED BY THE COURT, THE UNITED STATES
SHALL FILE WITH THE DISTRICT COURT, PUBLISH IN THE FEDERAL REGISTER, AND
THEREAFTER FURNISH TO ANY PERSON UPON REQUEST, A COMPETITIVE IMPACT
STATEMENT WHICH SHALL RECITE--,
"(1) THE NATURE AND PURPOSE OF THE PROCEEDING;
"(2) A DESCRIPTION OF THE PRACTICES OR EVENTS GIVING RISE TO
THE ALLEGED VIOLATION OF THE ANTITRUST LAWS;
"(3) AN EXPLANATION OF THE PROPOSAL FOR A CONSENT JUDGMENT,
INLCLUDING AN EXPLANATION OF ANY UNUSUAL CIRCUMSTANCES GIVING RISE
TO SUCH PROPOSAL OR ANY PROVISION CONTAINED THEREIN, RELIEF TO BE
OBTAINED THEREBY, AND THE ANTICIPATED EFFECTS ON COMPETITION OF
SUCH RELIEF;
"(4) THE REMEDIES AVAILABLE TO POTENTIAL PRIVATE PLAINTIFFS
DAMAGED BY THE ALLEGED VIOLATION IN THE EVENT THAT SUCH PROPOSAL
FOR THE CONSENT JUDGMENT IS ENTERED IN SUCH PROCEEDING;
"(5) A DESCRIPTION OF THE PROCEDURES AVAILABLE FOR MODIFICATION
OF SUCH PROPOSAL; AND
"(6) A DESCRIPTION AND EVALUATION OF ALTERNATIVES TO SUCH
PROPOSAL ACTUALLY CONSIDERED BY THE UNITED STATES.
"(C) THE UNITED STATES SHALL ALSO CAUSE TO BE PUBLISHED, COMMENCING
AT LEAST 60 DAYS PRIOR TO THE EFFECTIVE DATE OF THE JUDGMENT DESCRIBED
IN SUBSECTION (B) OF THIS SECTION, FOR 7 DAYS OVER A PERIOD OF 2 WEEKS
IN NEWSPAPERS OF GENERAL CIRCULATION OF THE DISTRICT IN WHICH THE CASE
HAS BEEN FILED, IN THE DISTRICT OF COLUMBIA, AND IN SUCH OTHER DISTRICTS
AS THE COURT MAY DIRECT--,
"(I) A SUMMARY OF THE TERMS OF THE PROPOSAL FOR THE CONSENT
JUDGMENT,
"(II) A SUMMARY OF THE COMPETITIVE IMPACT STATEMENT FILED UNDER
SUBSECTION (B),
"(III) AND A LIST OF THE MATERIALS AND DOCUMENTS UNDER
SUBSECTION (B) WHICH THE UNITED STATES SHALL MAKE AVAILABLE FOR
PURPOSES OF MEANINGFUL PUBLIC COMMENT, AND THE PLACE WHERE SUCH
MATERIALS AND DOCUMENTS ARE AVAILABLE FOR PUBLIC INSPECTION.
"(D) DURING THE 60-DAY PERIOD AS SPECIFIED IN SUBSECTION (B) OF THIS
SECTION, AND SUCH ADDITIONAL TIME AS THE UNITED STATES MAY REQUEST AND
THE COURT MAY GRANT, THE UNITED STATES SHALL RECEIVE AND CONSIDER ANY
WRITTEN COMMENTS RELATING TO THE PROPOSAL FOR THE CONSENT JUDGMENT
SUBMITTED UNDER SUBSECTION (B). THE ATTORNEY GENERAL OR HIS DESIGNEE
SHALL ESTABLISH PROCEDURES TO CARRY OUT THE PROVISIONS OF THIS
SUBSECTION, BUT SUCH 60-DAY TIME PERIOD SHALL NOT BE SHORTENED EXCEPT BY
ORDER OF THE DISTRICT COURT UPON A SHOWING THAT (1) EXTRAORDINARY
CIRCUMSTANCES REQUIRE SUCH SHORTENING AND (2) SUCH SHORTENING IS NOT
ADVERSE TO THE PUBLIC INTEREST. AT THE CLOSE OF THE PERIOD DURING WHICH
SUCH COMMENTS MAY BE RECEIVED, THE UNITED STATES SHALL FILE WITH THE
DISTRICT COURT AND CAUSE TO BE PUBLISHED IN THE FEDERAL REGISTER A
RESPONSE TO SUCH COMMENTS.
"(E) BEFORE ENTERING ANY CONSENT JUDGMENT PROPOSED BY THE UNITED
STATES UNDER THIS SECTION, THE COURT SHALL DETERMINE THAT THE ENTRY OF
SUCH JUDGMENT IS IN THE PUBLIC INTEREST. FOR THE PURPOSE OF SUCH
DETERMINATION, THE COURT MAY CONSIDER--,
"(1) THE COMPETITIVE IMPACT OF SUCH JUDGMENT, INCLUDING
TERMINATION OF ALLEGED VIOLATIONS, PROVISIONS FOR ENFORCEMENT AND
MODIFICATION, DURATION OR RELIEF SOUGHT, ANTICIPATED EFFECTS OF
ALTERNATIVE REMEDIES ACTUALLY CONSIDERED, AND ANY OTHER
CONSIDERATIONS BEARING UPON THE ADEQUACY OF SUCH JUDGMENT;
"(2) THE IMPACT OF ENTRY OF SUCH JUDGMENT UPON THE PUBLIC
GENERALLY AND INDIVIDUALS ALLEGING SPECIFIC INJURY FROM THE
VIOLATIONS SET FORTH IN THE COMPLAINT INCLUDING CONSIDERATION OF
THE PUBLIC BENEFIT, IF ANY, TO BE DERIVED FROM A DETERMINATION OF
THE ISSUES AT TRIAL.
"(F) IN MAKING ITS DETERMINATION UNDER SUBSECTION (E), THE COURT
MAY--,
"(1) TAKE TESTIMONY OF GOVERNMENT OFFICIALS OR EXPERTS OR SUCH
OTHER EXPERT WITNESSES, UPON MOTION OF ANY PARTY OR PARTICIPANT OR
UPON ITS OWN MOTION, AS THE COURT MAY DEEM APPROPRIATE;
"(2) APPOINT A SPECIAL MASTER AND SUCH OUTSIDE CONSULTANTS OR
EXPERT WITNESSES AS THE COURT MAY DEEM APPROPRIATE; AND REQUEST
AND OBTAIN THE VIEWS, EVALUATIONS, OR ADVICE OF ANY INDIVIDUAL,
GROUP OR AGENCY OF GOVERNMENT WITH RESPECT TO ANY ASPECTS OF THE
PROPOSED JUDGMENT OR THE EFFECT OF SUCH JUDGMENT, IN SUCH MANNER
AS THE COURT DEEMS APPROPRIATE;
"(3) AUTHORIZE FULL OR LIMITED PARTICIPATION IN PROCEEDINGS
BEFORE THE COURT BY INTERESTED PERSONS OR AGENCIES, INCLUDING
APPEARANCE AMICUS CURIAE, INTERVENTION AS A PARTY PURSUANT TO THE
FEDERAL RULES OF CIVIL PROCEDURE, //28 USC APP.// EXAMINATION OF
WITNESSES OR DOCUMENTARY MATERIALS, OR PARTICIPATION IN ANY OTHER
MANNER AND EXTENT WHICH SERVES THE PUBLIC INTEREST AS THE COURT
MAY DEEM APPROPRIATE.
"(4) REVIEW ANY COMMENTS INCLUDING ANY OBJECTIONS FILED WITH
THE UNITED STATES UNDER SUBSECTION (D) CONCERNING THE PROPOSED
JUDGMENT AND THE RESPONSES OF THE UNITED STATES TO SUCH COMMENTS
AND OBJECTIONS; AND
"(5) TAKE SUCH OTHER ACTION IN THE PUBLIC INTEREST AS THE COURT
MAY DEEM APPROPRIATE.
"(G) NOT LATER THAN 10 DAYS FOLLOWING THE DATE OF THE FILING OF ANY
PROPOSAL FOR A CONSENT JUDGMENT UNDER SUBSECTION (B), EACH DEFENDANT
SHALL FILE WITH THE DISTRICT COURT A DESCRIPTION OF ANY AND ALL WRITTEN
OR ORAL COMMUNICATIONS BY OR ON BEHALF OF SUCH DEFENDANT, INCLUDING ANY
AND ALL WRITTEN OR ORAL COMMUNICATIONS ON BEHALF OF SUCH DEFENDANT, OR
OTHER PERSON, WITH ANY OFFICER OR EMPLOYEE OF THE UNITED STATES
CONCERNING OR RELEVANT TO SUCH PROPOSAL, EXCEPT THAT ANY SUCH
COMMUNICATIONS MADE BY COUNSEL OF RECORD ALONE WITH THE ATTORNEY GENERAL
OR THE EMPLOYEES OF THE DEPARTMENT OF JUSTICE ALONE SHALL BE EXCLUDED
FROM THE REQUIREMENTS OF THIS SUBSECTION. PRIOR TO THE ENTRY OF ANY
CONSENT JUDGMENT PURSUANT TO THE ANTITRUST LAWS, EACH DEFENDANT SHALL
CERTIFY TO THE DISTRICT COURT THAT THE REQUIREMENTS OF THIS SUBSECTION
HAVE BEEN COMPLIED WITH AND THAT SUCH FILING IS A TRUE AND COMPLETE
DESCRIPTION OF SUCH COMMUNICATIONS KNOWN TO THE DEFENDANT OR WHICH THE
DEFENDANT REASONABLY SHOULD HAVE KNOWN.
"(H) PROCEEDINGS BEFORE THE DISTRICT COURT UNDER SUBSECTIONS (E) AND
(F) OF THIS SECTION, AND THE COMPETITIVE IMPACT STATEMENT FILED UNDER
SUBSECTION (B) OF THIS SECTION, SHALL NOT BE ADMISSIBLE AGAINST ANY
DEFENDANT IN ANY ACTION OR PROCEEDING BROUGHT BY ANY OTHER PARTY AGAINST
SUCH DEFENDANT UNDER THE ANTITRUST LAWS OR BY THE UNITED STATES UNDER
SECTION 4A OF THIS ACT NOR CONSTITUTE A BASIS FOR THE INTRODUCTION OF
THE CONSENT JUDGMENT AS PRIMA FACIE EVIDENCE AGAINST SUCH DEFENDANT IN
ANY SUCH ACTION OR PROCEEDING."
PENALTIES
SEC. 3. SECTION 1, 2, AND 3 OF THE ACT ENTITLED "AN ACT TO PROTECT
TRADE AND COMMERCE AGAINST UNLAWFUL RESTRAINTS AND MONOPOLIES", APPROVED
JULY 2, 1890 (15 U.S.C. 1, 2, AND 3), ARE EACH AMENDED--,
(1) BY STRIKING OUT "MISDEMEANOR" WHENEVER IT APPEARS AND
INSERTING IN LIEU THEREOF IN EACH CASE "FELONY";
(2) BY STRIKING OUT "FIFTY THOUSAND DOLLARS" WHENEVER SUCH
PHRASE APPEARS AND INSERTING IN LIEU THEREOF IN EACH CASE THE
FOLLOWING: "ONE MILLION DOLLARS IF A CORPORATION, OR, IF ANY
OTHER PERSON, ONE HUNDRED THOUSAND DOLLARS"; AND
(3) BY STRIKING OUT "ONE YEAR" WHENEVER SUCH PHRASE APPEARS AND
INSERTING IN LIEU THEREOF IN EACH CASE "THREE YEARS".
EXPEDITING ACT REVISIONS
SEC. 4. SECTION 1 OF THE ACT OF FEBRUARY 11, 1903 (32 STAT. 823), AS
AMENDED (15 U.S.C. 28; 49 U.S.C. 44), COMMONLY KNOWN AS THE EXPEDITING
ACT, IS AMENDED TO READ AS FOLLOWS:
"SECTION 1. IN ANY CIVIL ACTION BROUGHT IN ANY DISTRICT COURT OF THE
UNITED STATES UNDER THE ACT ENTITLED 'AN ACT TO PROTECT TRADE AND
COMMERCE AGAINST UNLAWFUL RESTRAINTS AND MONOPOLIES', APPROVED JULY 2,
1890, OR ANY OTHER ACTS HAVING LIKE PURPOSE THAT HAVE BEEN OR HEREAFTER
MAY BE ENACTED, WHEREIN THE UNITED STATES IS PLAINTIFF AND EQUITABLE
RELIEF IS SOUGHT, THE ATTORNEY GENERAL MAY FILE WITH THE COURT, PRIOR TO
THE ENTRY OF FINAL JUDGMENT, A CERTIFICATE THAT, IS HIS OPINION, THE
CASE IS OF A GENERAL PUBLIC IMPORTANCE. UPON FILING OF SUCH
CERTIFICATE, IT SHALL BE THE DUTY OF THE JUDGE DESIGNATED TO HEAR AND
DETERMINE THE CASE, OR THE CHIEF JUDGE OF THE DISTRICT COURT IF NO JUDGE
HAS AS YET BEEN DESIGNATED, TO ASSIGN THE CASE FOR HEARING AT THE
EARLIEST PRACTICABLE DATE AND TO CAUSE THE CASE TO BE IN EVERY WAY
EXPEDITED."
SEC. 5. SECTION 2 OF THAT ACT (15 U.S.C. 29; 49 U.S.C. 45) IS
AMENDED TO READ AS FOLLOWS:
"(A) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED BY THIS SECTION, IN EVERY
CIVIL ACTION BROUGHT IN ANY DISTRICT COURT OF THE UNITED STATES UNDER
THE ACT ENTITLED 'AN ACT TO PROTECT TRADE AND COMMERCE AGAINST UNLAWFUL
RESTRAINTS AND MONOPOLIES', APPROVED JULY 2, 1890, OR ANY OTHER ACTS
HAVING LIKE PURPOSE THAT HAVE BEEN OR HEREAFTER MAY BE ENACTED, IN WHICH
THE UNITED STATES IS THE COMPLAINANT AND EQUITABLE RELIEF IS SOUGHT, ANY
APPEAL FROM A FINAL JUDGMENT ENTERED IN ANY SUCH ACTION SHALL BE TAKEN
TO THE COURT OF APPEALS PURSUANT TO SECTIONS 1291 AND 2107 OF TITLE 28
OF THE UNITED STATES CODE. ANY APPEAL FROM AN INTERLOCUTORY ORDER
ENTERED IN ANY SUCH ACTION SHALL BE TAKEN TO THE COURT OF APPEALS
PURSUANT TO SECTIONS 1292(A)(1) AND 2107 OF TITLE 28 OF THE UNITED
STATES CODE BUT NOT OTHERWISE. ANY JUDGMENT ENTERED BY THE COURT OF
APPEALS IN ANY SUCH ACTION SHALL BE SUBJECT TO REVIEW BY THE SUPREME
COURT UPON A WRIT OF CERTIORARI AS PROVIDED IN SECTION 1254(1) OF TITLE
28 OF THE UNITED STATES CODE.
"(B) AN APPEAL FROM A FINAL JUDGMENT PURSUANT TO SUBSECTION (A) SHALL
LIE DIRECTLY TO THE SUPREME COURT IF, UPON APPLICATION OF A PARTY FILED
WITHIN FIFTEEN DAYS OF THE FILING OF A NOTICE OF APPEAL, THE DISTRICT
JUDGE WHO ADJUDICATED THE CASE ENTERS AN ORDER STATING THAT IMMEDIATE
CONSIDERATION OF THE APPEAL BY THE SUPREME COURT IS OF GENERAL PUBLIC
IMPORTANCE IN THE ADMINISTRATION OF JUSTICE. SUCH ORDER SHALL BE FILED
WITHIN THIRTY DAYS AFTER THE FILING OF A NOTICE OF APPEAL. WHEN SUCH AN
ORDER IS FILED, THE APPEAL AND ANY CROSS APPEAL SHALL BE DOCKETED IN THE
TIME AND MANNER PRESCRIBED BY THE RULES OF THE SUPREME COURT. THE
SUPREME COURT SHALL THEREUPON EITHER (1) DISPOSE OF THE APPEAL AND ANY
CROSS APPEAL IN THE SAME MANNER AS ANY OTHER DIRECT APPEAL AUTHORIZED BY
LAW, OR (2) IN ITS DISCRETION, DENY THE DIRECT APPEAL AND REMAND THE
CASE TO THE COURT OF APPEALS, WHICH SHALL THEN HAVE JURISDICTION TO HEAR
AND DETERMINE THE SAME AS IF THE APPEAL AND ANY CROSS APPEAL THEREIN HAD
BEEN DOCKETED IN THE COURT OF APPEALS IN THE FIRST INSTANCE PURSUANT TO
SUBSECTION (A)."
SEC. 6. (A) SECTION 401(D) OF THE COMMUNICATIONS ACT OF 1934 (47 U.
S.C. 401(D)) IS REPEALED.
"(B) SECTION 3 OF THE ACT ENTITLED "AN ACT TO FURTHER REGULATE
COMMERCE WITH FOREIGN NATIONS AND AMONG THE STATES", APPROVED FEGRUARY
19, 1903 (32 STAT. 849; 49 U.S.C. 43), IS AMENDED BY STRIKING OUT
"PROCEEDING:" AND INSERTING IN LIEU THEREOF "PROCEEDING." AND STRIKING
OUT THEREAFTER THE FOLLOWING: "PROVIDED, THAT THE PROVISIONS OF AN ACT
ENTITLED 'AN ACT TO EXPEDITE THE HEARING AND DETERMINATION OF SUITS IN
EQUITY PENDING OR THEREAFTER BROUGHT UNDER THE ACT OF JULY SECOND,
EIGHTEEN HUNDRED AND NINETY, ENTITLED "AN ACT TO PROTECT TRADE AND
COMMERCE AGAINST UNLAWFUL RESTRAINTS AND MONOPOLIES," "AN ACT TO
REGULATE COMMERCE," APPROVED FEBRUARY ELEVENTH, NINETEEN HUNDRED AND
THREE,' SHALL APPLY TO ANY CASE PROSECUTED UNDER THE DIRECTION OF THE
ATTORNEY-GENERAL IN THE NAME OF THE INTERSTATE COMMERCE COMMISSION".
SEC. 7. THE AMENDMENT MADE BY SECTION 5 OF THIS ACT SHALL NOT APPLY
TO AN ACTION IN WHICH A NOTICE OF APPEAL TO THE SUPREME COURT HAS BEEN
FILED ON OR BEFORE THE FIFTEENTH DAY FOLLOWING THE DATE OF ENACTMENT OF
THIS ACT. APPEAL IN ANY SUCH ACTION SHALL BE TAKEN PURSUANT TO THE
PROVISIONS OF SECTION 2 OF THE ACT OF FEBRUARY 11, 1903 (32 STAT. 823),
AS AMENDED (15 U.S.C. 29; 49 U.S.C. 45) WHICH WERE IN EFFECT ON THE DAY
PRECEDING THE DATE OF ENACTMENT OF THIS ACT. //15 USC 29 NOTE.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1463 (COMM. ON THE JUDICIARY).
SENATE REPORT NO. 93 - 298 (COMM. ON THE JUDICIARY).
CONGRESSIONAL RECORD:
VOL. 119 (1973): JULY 18, CONSIDERED AND PASSED SENATE.
VOL. 120 (1974): NOV. 19, CONSIDERED AND PASSED HOUSE,
AMENDED.
DEC. 9, SENATE CONCURRED IN HOUSE AMENDMENT WITH AN AMENDMENT.
DEC. 11, HOUSE CONCURRED IN SENATE AMENDMENT.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:
VOL. 10, NO. 52 (1974): DEC. 23, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-527, 88 STAT 1702, VETERAN'S AND SURVIVORS PENSION
ADJUSTMENT ACT OF 1974.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THIS ACT MAY BE
CITED AS THE "VETERANS AND SURVIVORS PENSION ADJUSTMENT ACT OF 1974".
//38 USC 521 NOTE.//
SEC. 2. SECTION 521 OF TITLE 38, UNITED STATES CODE, IS AMENDED AS
FOLLOWS:
(1) BY AMENDING SUBSECTION (B) TO READ AS FOLLOWS:
"(B) IF THE VETERAN IS UNMARRIED (OR MARRIED BUT NOT LIVING WITH AND
NOT REASONABLY CONTRIBUTING TO THE SUPPORT OF HIS SPOUSE) AND HAS NO
CHILD, PENSION SHALL BE PAID ACCORDING TO THE FOLLOWING FORMULA: IF
ANNUAL INCOME IS $300 OR LESS, THE MONTHLY RATE OF PENSION SHALL BE
$160. FOR EACH $1 ANNUAL INCOME IN EXCESS OF $300 UP TO AND INCLUDING
$500, THE MONTHLY RATE SHALL BE REDUCED 3 CENTS; FOR EACH $1 ANNUAL
INCOME IN EXCESS $500 UP TO AND INCLUDING $900, THE MONTHLY RATE SHALL
BE REDUCED 4 CENTS; FOR EACH $1 OF ANNUAL INCOME IN EXCESS OF $900 UP
TO AND INCLUDING $1,500, THE MONTHLY RATE SHALL BE REDUCED 5 CENTS; FOR
EACH $1 OF ANNUAL INCOME IN EXCESS OF $1,500 UP TO AND INCLUDING $1,900,
THE MONTHLY RATE SHALL BE REDUCED 6 CENTS; FOR EACH $1 OF ANNUAL INCOME
IN EXCESS OF $1,900 UP TO AND INCLUDING $2,300, THE MONTHLY RATE SHALL
BE REDUCED 7 CENTS; AND FOR EACH $1 OF ANNUAL INCOME IN EXCESS OF
$2,300 UP TO AND INCLUDING $3,000, THE MONTHLY RATE SHALL BE REDUCED 8
CENTSF BUT IN NO EVENT SHALL THE MONTHLY RATE OF PENSION BE LESS THAN
$5. NO PENSION SHALL BE PAID IF ANNUAL INCOME EXCEEDS $3,000.";
(2) BY AMENDING SUBSECTION (C) TO READ AS FOLLOWS:
"(C) IF THE VETERAN IS MARRIED AND LIVING WITH OR REASONABLY
CONTRIBUTING TO THE SUPPORT OF THIS SPOUSE, OR HAS A CHILD OR CHILDREN,
PENSION SHALL BE PAID ACCORDING TO THE FOLLOWING FORMULA: IF ANNUAL
INCOME IS $500 OR LESS, THE MONTHLY RATE OF PENSION SHALL BE $172 FOR A
VETERAN AND ONE DEPENDENT, $177 FOR A VETERAN AND TWO DEPENDENTS, AND
$182 FOR THREE OR MORE DEPENDENTS. FOR EACH $1 ANNUAL INCOME IN EXCESS
OF $500 UP TO AND INCLUDING $700, THE MONTHLY RATE SHALL BE REDUCED 2
CENTS; FOR EACH $1 OF ANNUAL INCOME IN EXCESS OF $700 UP TO AND
INCLUDING $1,800, THE MONTHLY RATE SHALL BE REDUCED 3 CENTS; FOR EACH
$1 OF ANNUAL INCOME IN EXCESS OF $1,800 UP TO AND INCLUDING $3,000, THE
MONTHLY RATE SHALL BE REDUCED 4 CENTS; FOR EACH $1 OF ANNUAL INCOME IN
EXCESS OF $3,000 UP TO AND INCLUDING $3,500, THE MONTHLY RATE SHALL BE
REDUCED 5 CENTS; FOR EACH $1 OF ANNUAL INCOME IN EXCESS OF $3,500 UP TO
AND INCLUDING $3,800, THE MONTHLY RATE SHALL BE REDUCED 6 CENTS; FOR
EACH $1 OF ANNUAL INCOME IN EXCESS OF $3,800 UP TO AND INCLUDING $4,000,
THE MONTHLY RATE SHALL BE REDUCED 7 CENTS; AND FOR EACH $1 OF ANNUAL
INCOME IN EXCESS OF $4,000 UP TO AND INCLUDING $4,200, THE MONTHLY RATE
SHALL BE REDUCED 8 CENTS. NO PENSION SHALL BE PAID IF ANNUAL INCOME
EXCEEDS $4,200.";
(3) BY AMENDING SUBSECTION (D) BY STRIKING OUT "$110" AND
INSERTING IN LIEU THEREOF "$123"; AND
(4) BY AMENDING SUBSECTION (E) BY STRIKING OUT "$44" AND
INSERTING IN LIEU THEREOF "$49".
SEC. 3. SECTION 541 OF TITLE 38, UNITED STATES CODE, IS AMENDED AS
FOLLOWS:
(1) BY AMENDING SUBSECTION (B) TO READ AS FOLLOWS:
"(B) IF THERE IS NO CHILD, PENSION SHALL BE PAID ACCORDING TO THE
FOLLOWING FORMULA: IF ANNUAL INCOME IS $300 OR LESS, THE MONTHLY RATE
OF PENSION SHALL BE $108. FOR EACH $1 OF ANNUAL INCOME IN EXCESS OF
$300 UP TO AND INCLUDING $600, THE MONTHLY RATE SHALL BE REDUCED 1 CENT;
FOR EACH $1 OF ANNUAL INCOME IN EXCESS OF $600 UP TO AND INCLUDING
$900, THE MONTHLY RATE SHALL BE REDUCED 3 CENTS; FOR EACH $1 OF ANNUAL
INCOME IN EXCESS OF $900 UP TO AND INCLUDING $2,100, THE MONTHLY RATE
SHALL BE REDUCED 4 CENTS; AND FOR EACH $1 OF ANNUAL INCOME IN EXCESS OF
$2,100 UP TO AND INCLUDING $3,000, THE MONTHLY RATE SHALL BE REDUCED 5
CENTS; BUT IN NO EVENT SHALL THE MONTHLY RATE OF PENSION BE LESS THAN
$5. NO PENSION SHALL BE PAID IF ANNUAL INCOME EXCEEDS $3,000.";
(2) BY AMENDING SUBSECTION (C) TO READ AS FOLLOWS:
"(C) IF THERE IS A WIDOW AND ONE CHILD, PENSION SHALL BE PAID
ACCORDING TO THE FOLLOWING FORMULA: IF ANNUAL INCOME IS $700 OR LESS,
THE MONTHLY RATE OF PENSION SHALL BE $128. FOR EACH $1 OF ANNUAL INCOME
IN EXCESS OF $700 UP TO AND INCLUDING $1,100, THE MONTHLY RATE SHALL BE
REDUCED 1 CENT; FOR EACH $1 OF ANNUAL INCOME IN EXCESS OF $1,100 UP TO
AND INCLUDING $2,100, THE MONTHLY RATE SHALL BE REDUCED 2 CENTS; FOR
EACH $1 OF ANNUAL INCOME IN EXCESS $2,100 UP TO AND INCLUDING $3,000,
THE MONTHLY RATE SHALL BE REDUCED 3 CENTS; AND FOR EACH $1 OF ANNUAL
INCOME IN EXCESS OF $3,000 UP TO AND INCLUDING $4,200, THE MONTHLY RATE
SHALL BE REDUCED 4 CENTS. WHENEVER THE MONTHLY RATE PAYABLE TO THE
WIDOW UNDER THE FOREGOING FORMULA IS LESS THAN THE AMOUNT WHICH WOULD BE
PAYABLE TO THE CHILD UNDER SECTION 542 OF THIS TITLE IF THE WIDOW WERE
NOT ENTITLED, THE WIDOW WILL BE PAID AT THE CHILD'S RATE. NO PENSION
SHALL BE PAID IF THE ANNUAL INCOME EXCEEDS $4,200.";
(3) BY AMENDING SUBSECTION (D) BY STRIKING OUT "$18" AND
INSERTING IN LIEU THEREOF "$20"; AND
(4) BY ADDING AT THE END THEREOF THE FOLLOWING NEW
SUBSECTION:
"(F) AS USED IN THIS SECTION AND SECTION 542 OF THIS TITLE, THE TERM
'VETERAN' INCLUDES A PERSON WHO HAS COMPLETED AT LEAST TWO YEARS OF
HONORABLE ACTIVE MILITARY, NAVAL, OR AIR SERVICE, AS CERTIFIED BY THE
SECRETARY CONCERNED, BUT WHOSE DEATH IN SUCH SERVICE WAS NOT IN LINE OF
DUTY.".
SEC. 4. SECTION 542 OF TITLE 38, UNITED STATES CODE, IS AMENDED AS
FOLLOWS:
(1) BY AMENDING SUBSECTION (A) BY STRIKING OUT "$44" AND "$18"
AND INSERTING IN LIEU THEREOF "$49" "$20", RESPECTIVELY; AND
(2) BY AMENDING SUBSECTION (C) BY STRIKING OUT "$2,000" AND
INSERTING IN LIEU THEREOF "$2,400".
SEC. 5. SECTION 544 OF TITLE 38, UNITED STATES CODE, IS AMENDED BY
STRIKING OUT "$55" AND INSERTING IN LIEU THEREOF "$64".
SEC. 6. SECTION 4 OF PUBLIC LAW 90 - 275 (82 STAT. 68) IS AMENDED TO
READ AS FOLLOWS:
"SEC. 4. THE ANNUAL INCOME LIMITATIONS GOVERNING PAYMENT OF PENSION
UNDER THE FIRST SENTENCE OF SECTION 9(B) OF THE VETERANS' PENSION ACT OF
1959 //38 USC 521 NOTE.// HEREAFTER SHALL BE $2,600 AND $3,900, INSTEAD
OF $2,200 AND $3,500, RESPECTIVELY.".
SEC. 7. SECTION 415 OF TITLE 38, UNITED STATES CODE, //38 USC 521
NOTE.// IS AMENDED AS FOLLOWS:
(1) BY AMENDING SUBSECTION (B) TO READ AS FOLLOWS:
"(B)(1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, IF
THERE IS ONLY ONE PARENT, DEPENDENCY AND INDEMNITY COMPENSATION SHALL BE
PAID TO HIM ACCORDING TO THE FOLLOWING FORMULA: IF ANNUAL INCOME IS
$800 OR LESS, THE MONTHLY RATE OF DEPENDENCY AND INDEMNITY COMPENSATION
SHALL BE $123. FOR EACH $1 OF ANNUAL INCOME IN EXCESS OF $800 UP TO AND
INCLUDING $1,000, THE MONTHLY RATE SHALL BE REDUCED 3 CENTS; FOR EACH
$1 OF ANNUAL INCOME IN EXCESS OF $1,000 UP TO AND INCLUDING $1,300, THE
MONTHLY RATE SHALL BE REDUCED 4 CENTS; FOR EACH $1 OF ANNUAL INCOME IN
EXCESS OF $1,300 UP TO AND INCLUDING $1,600, THE MONTHLY RATE SHALL BE
REDUCED 5 CENTS; FOR EACH $1 OF ANNUAL INCOME IN EXCESS OF $1,600 UP TO
AND INCLUDING $1,800, THE MONTHLY RATE SHALL BE REDUCED 6 CENTS; FOR
EACH $1 OF ANNUAL INCOME IN EXCESS OF $1,800 UP TO AND INCLUDING $2,000,
THE MONTHLY RATE SHALL BE REDUCED 7 CENTS; AND FOR EACH $1 ANNUAL
INCOME IN EXCESS OF $2,000 UP TO AND INCLUDING $3,000, THE MONTHLY RATE
SHALL BE REDUCED 8 CENTS; BUT IN NO EVENT SHALL THE MONTHLY RATE OF
DEPENDENCY AND INDEMNITY COMPENSATION BE LESS THAN $4. NO DEPENDENCY
AND INDEMNITY COMPENSATION SHALL BE PAID IF ANNUAL INCOME EXCEEDS
$3,000.
"(2) IF THERE IS ONLY ONE PARENT AND HE HAS REMARRIED AND IS LIVING
WITH HIS SPOUSE, DEPENDENCY AND INDEMNITY COMPENSATION SHALL BE PAID TO
HIM UNDER EITHER THE FORMULA OF PARAGRAPH (1) OF THIS SUBSECTION OF
UNDER THE FORMULA IN SUBSECTION (D), WHICHEVER IS THE GREATER. IN SUCH
A CASE OF REMARRIAGE THE TOTAL COMBINED ANNUAL INCOME OF THE PARENT AND
HIS SPOUSE SHALL BE COUNTED IN DETERMINING THE MONTHLY RATE OF
DEPENDENCY AND INDEMNITY COMPENSATION UNDER THE APPROPRIATE FORMULA.";
(2) BY AMENDING SUBSECTION (C) TO READ AS FOLLOWS:
"(C) EXCEPT AS PROVIDED IN SUBSECTION (D), IF THERE ARE TWO PARENTS,
BUT THEY ARE NOT LIVING TOGETHER, DEPENDENCY AND INDEMNITY COMPENSATION
SHALL BE PAID TO EACH ACCORDING TO THE FOLLOWING FORMULA: IF THE ANNUAL
INCOME OF EACH PARENT IS $800 OR LESS, THE MONTHLY RATE OF DEPENDENCY
AND INDEMNITY PAYABLE TO EACH SHALL BE $86. FOR EACH $1 OF ANNUAL
INCOME IN EXCESS OF $800 UP TO AND INCLUDING $1,100, THE MONTHLY RATE
SHALL BE REDUCED 2 CENTS; FOR EACH $1 OF ANNUAL INCOME IN EXCESS OF
$1,100 UP TO AND INCLUDING $2,100, THE MONTHLY RATE SHALL BE REDUCED 4
CENTS; FOR EACH $1 OF ANNUAL INCOME IN EXCESS OF $2,100 UP TO AND
INCLUDING $2,500, THE MONTHLY RATE SHALL BE REDUCED 5 CENTS; AND FOR
EACH $1 OF ANNUAL INCOME IN EXCESS OF $2,500 UP TO AND INCLUDING $3,000,
THE MONTHLY RATE SHALL BE REDUCED 6 CENTS; BUT IN NO EVENT SHALL THE
MONTHLY RATE OF DEPENDENCY AND INDEMNITY COMPENSATION BE LESS THAN $4.
NO DEPENDENCY AND INDEMNITY COMPENSATION SHALL BE PAID TO A PARENT WHOSE
ANNUAL INCOME EXCEEDS $3,000.";
(3) BY AMENDING SUBSECTION (D) TO READ AS FOLLOWS:
"(D) IF THERE ARE TWO PARENTS WHO ARE LIVING TOGETHER, OR IF A PARENT
HAS REMARRIED AND IS LIVING WITH HIS SPOUSE, DEPENDENCY AND INDEMNITY
COMPENSATION SHALL BE PAID TO EACH SUCH PARENT ACCORDING TO THE
FOLLOWING FORMULA: IF THE TOTAL COMBINED ANNUAL INCOME IS $1,000 OR
LESS, THE MONTHLY RATE OF DEPENDENCY AND INDEMNITY COMPENSATION PAYABLE
TO EACH PARENT SHALL BE $83. FOR EACH $1 OF ANNUAL INCOME IN EXCESS OF
$1,000 UP TO AND INCLUDING $1,100, THE MONTHLY RATE SHALL BE REDUCED 1
CENT; FOR EACH $1 OF ANNUAL INCOME IN EXCESS OF $1,100 UP TO AND
INCLUDING $2,500, THE MONTHLY RATE SHALL BE REDUCED 2 CENTS; FOR EACH
$1 OF ANNUAL INCOME IN EXCESS OF $2,500 UP TO AND INCLUDING $3,500, THE
MONTHLY RATE SHALL BE REDUCED 3 CENTS; AND FOR EACH $1 OF ANNUAL INCOME
IN EXCESS OF $3,500 UP TO AND INCLUDING $4,200, THE MONTHLY RATE SHALL
BE REDUCED 4 CENTS; BUT IN NO EVENT SHALL BE MONTHLY RATE OF DEPENDENCY
AND INDEMNITY COMPENSATION BE LESS THAN $4. NO DEPENDENCY AND INDEMNITY
COMPENSATION SHALL BE PAID TO EITHER PARENT IF THE TOTAL COMBINED ANNUAL
INCOME EXCEEDS $4,200."; AND
(4) BY AMENDING SUBSECTION (H) BY STRIKING OUT "$55" AND
INSERTING IN LIEU THEREOF "$64".
SEC. 8. //38 USC 501 NOTE.// (A) THE ADMINISTRATOR OF VETERANS'
AFFAIRS SHALL CARRY OUT AN ORIGINAL STUDY OF THE NEEDS AND PROBLEMS OF
VETERANS AND THEIR WIDOWS SEVENTY-TWO YEARS OF AGE OR OLDER. THE STUDY
SHALL INCLUDE (1) A PROFILE OF THE CURRENT INCOME CHARACTERISTICS OF
SUCH VETERANS AND THEIR WIDOWS, DESCRIBING THE PROPORTION AND AMOUNT OF
INCOME FROM ALL SOURCES AND THE AVERAGE NECESSARY FOR ALL NECESSITIES
SUCH AS RENT, FOOD, MEDICAL CARE, AND OTHER ITEMS; (2) AN EVALUATION OF
THE ADEQUACY OF THE PRESENT VETERANS PENSION SYSTEM TO MEET THE NEEDS OF
SUCH VETERANS AND WIDOWS; AND (3) ACTURIAL INFORMATION CONCERNING THE
PRESENT EXPECTED MORTALITY RATES OF SUCH VETERANS AND THEIR WIDOWS.
(B) THE ADMINISTRATOR SHALL REPORT TO THE CONGRESS AND THE PRESIDENT
NOT LATER THAN ONE HUNDRED AND EIGHTY DAYS AFTER THE CONVENING OF THE
FIRST SESSION OF THE NINETY-FOURTH CONGRESS THE RESULTS OF THE STUDY
CARRIED OUT UNDER THIS SECTION TOGETHER WITH ANY RECOMMENDATIONS FOR
LEGISLATIVE OR ADMINISTRATIVE ACTION TO IMPROVE THE PRESENT PROGRAM OF
PENSION BENEFITS FOR SUCH VETERANS AND WIDOWS.
SEC. 9. (A) SUBSECTION (E) OF SECTION 103 OF TITLE 38, UNITED STATES
CODE, IS AMENDED--,
(1) BY ADDING "(1)" IMMEDIATELY BEFORE "THE"; AND
(2) BY ADDING AT THE END THEREOF THE FOLLOWING NEW
PARAGRAPH:
"(2) THE MARRIAGE OF A CHILD OF A VETERAN SHALL NOT BAR THE
RECOGNITION OF SUCH CHILD AS THE CHILD OF A VETERAN FOR BENEFIT PURPOSES
IF THE MARRIAGE HAS BEEN TERMINATED BY DEATH OR HAS BEEN DISSOLVED BY A
COURT WITH BASIC AUTHORITY TO RENDER DIVORCE DECREES UNLESS THE
VETERANS' ADMINISTRATION DETERMINES THAT THE DIVORCE WAS SECURED THROUGH
FRAUD BY EITHER PARTY OR COLLUSION.".
(B) SUBSECTION (L) OF SECTION 3010 OF TITLE 38, UNITED STATES CODE,
IS AMENDED TO READ AS FOLLOWS:
"(L) THE EFFECTIVE DATE OF AN AWARD OF BENEFITS TO A WIDOW BASED UPON
A TERMINATION OF A REMARRIAGE BY DEATH OR DIVORCE, OR OF AN AWARD OR
INCREASE OF BENEFITS BASED ON RECOGNITION OF A CHILD UPON TERMINATION OF
THE CHILD'S MARRIAGE BY DEATH OR DIVORCE, SHALL BE THE DATE OF DEATH OR
THE DATE THE JUDICIAL DECREE OR DIVORCE BECOMES FINAL, IF AN APPLICATION
THEREFOR IS RECEIVED WITHIN ONE YEAR FROM SUCH TERMINATION.".
SEC. 10. THIS ACT SHALL TAKE EFFECT ON JANUARY 1, 1975. //38 USC
521 NOTE.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1499 (COMM. ON VETERANS' AFFAIRS).
SENATE REPORT NO. 93 - 1226 (COMM. ON VETERANS' AFFAIRS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
OCT. 7, CONSIDERED AND PASSED SENATE.
DEC. 9, CONSIDERED AND PASSED HOUSE, AMENDED.
DEC. 10, SENATE CONCURRED IN HOUSE AMENDMENTS.
PUBLIC LAW 93-526, 88 STAT 1695, PRESIDENTIAL RECORDINGS AND
MATERIALS PRESERVATION ACT.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THIS ACT MAY BE
CITED AS THE "PRESIDENTIAL RECORDINGS AND MATERIALS PRESERVATION ACT".
//44 USC 2107 NOTE.//
DELIVERY AND RETENTION OF CERTAIN PRESIDENTIAL MATERIALS
SEC. 101. //44 USC 2107 NOTE.// (A) NOTWITHSTANDING ANY OTHER LAW OR
ANY AGREEMENT OR UNDERSTANDING MADE PURSUANT TO SECTION 2107 OF TITLE
44, UNITED STATES CODE, AND FEDERAL EMPLOYEE IN POSSESSION SHALL
DELIVER, AND THE ADMINISTRATOR OF GENERAL SERVICES (HEREINAFTER IN THIS
TITLE REFERRED TO AS THE "ADMINISTRATOR") SHALL RECEIVE, OBTAIN, OR
RETAIN, COMPLETE POSSESSION AND CONTROL OF ALL ORIGINAL TAPE RECORDINGS
OF CONVERSATIONS WHICH WERE RECORDED OR CAUSED TO BE RECORDED BY THE
OFFICER OR EMPLOYEE OF THE FEDERAL GOVERNMENT AND WHICH--,
(1) INVOLVE FORMER PRESIDENT RICHARD M. NIXON OR OTHER
INDIVIDUALS WHO, AT THE TIME OF THE CONVERSATION, WERE EMPLOYED BY
THE FEDERAL GOVERNMENT;
(2) WERE RECORDED IN THE WHITE HOUSE OR IN THE OFFICE OF THE
PRESIDENT IN THE EXECUTIVE OFFICE BUILDINGS LOCATED IN WASHINGTON,
DISTRICT OF COLUMBIA; CAMP DAVID, MARYLAND; KEY BISCAYNE,
FLORIDA; OR SAN CLEMENTE, CALIFORNIA; AND
(3) WERE RECORDED DURING THE PERIOD BEGINNING JANUARY 20, 1969,
AND ENDING AUGUST 9, 1974.
(B)(1) NOTWITHSTANDING ANY OTHER LAW OR ANY AGREEMENT OR
UNDERSTANDING MADE PURSUANT TO SECTION 2107 OF TITLE 44, UNITED STATES
CODE, THE ADMINISTRATOR SHALL RECEIVE, RETAIN, OR MAKE REASONABLE
EFFORTS TO OBTAIN, COMPLETE POSSESSION AND CONTROL OF ALL PAPERS,
DOCUMENTS, MEMORANDUMS, TRANSCRIPTS, AND OTHER OBJECTS AND MATERIALS
WHICH CONSTITUTE THE PRESIDENTIAL HISTORICAL MATERIALS OF RICHARD M.
NIXON, COVERING THE PERIOD BEGINNING JANUARY 20, 1969, AND ENDING AUGUST
9, 1974.
(2) FOR PURPOSES OF THIS SUBSECTION, THE TERM "HISTORICAL MATERIALS"
HAS THE MEANING GIVEN IT BY SECTION 2101 OF TITLE 44, UNITED STATES
CODE.
AVAILABILITY OF CERTAIN PRESIDENTIAL MATERIALS
SEC. 102. //44 USC 2107 NOTE.// (A) NONE OF THE TAPE RECORDINGS OR
OTHER MATERIALS REFERRED TO IN SECTION 101 SHALL BE DESTROYED, EXCEPT AS
HEREAFTER MAY BE PROVIDED BY LAW.
(B) NOTWITHSTANDING ANY OTHER PROVISION OF THIS TITLE, ANY OTHER LAW,
OR ANY AGREEMENT OR UNDERSTANDING MADE PURSUANT TO SECTION 2107 OF TITLE
44, UNITED STATES CODE, THE TAPE RECORDINGS AND OTHER MATERIALS REFERRED
TO IN SECTION 101 SHALL, IMMEDIATELY UPON THE DATE OF ENACTMENT OF THIS
TITLE, BE MADE AVAILABLE, SUBJECT TO ANY RIGHTS, DEFENSES, OR PRIVILEGES
WHICH THE FEDERAL GOVERNMENT OR ANY PERSON MAY INVOKE, FOR USE IN ANY
JUDICIAL PROCEEDING OR OTHERWISE SUBJECT TO COURT SUBPENA OR OTHER LEGAL
PROCESS. ANY REQUEST BY THE OFFICE OF WATERGATE SPECIAL PROSECUTION
FORCE, WHETHER BY COURT SUBPENA OR OTHER LAWFUL PROCESS, FOR ACCESS TO
SUCH RECORDINGS OR MATERIALS SHALL AT ALL TIMES HAVE PRIORITY OVER ANY
OTHER REQUEST FOR SUCH RECORDINGS OR MATERIALS.
(C) RICHARD M. NIXON, OR ANY PERSON WHOM HE MAY DESIGNATE IN WRITING,
SHALL AT ALL TIMES HAVE ACCESS TO THE TAPE RECORDINGS AND OTHER
MATERIALS REFERRED TO IN SECTION 101 FOR ANY PURPOSE WHICH IS CONSISTENT
WITH THE PROVISIONS OF THIS TITLE, SUBSEQUENT AND SUBJECT TO THE
REGULATIONS WHICH THE ADMINISTRATOR SHALL ISSUE PURSUANT TO SECTION 103.
(D) ANY AGENCY OR DEPARTMENT IN THE EXECUTIVE BRANCH OF THE FEDERAL
GOVERNMENT SHALL AT ALL TIMES HAVE ACCESS TO THE TAPE RECORDINGS AND
OTHER MATERIALS REFERRED TO IN SECTION 101 FOR LAWFUL GOVERNMENT USE,
SUBJECT TO THE REGULATIONS WHICH THE ADMINISTRATOR SHALL ISSUE PURSUANT
TO SECTION 103.
REGULATIONS TO PROTECT CERTAIN TAPE RECORDINGS AND OTHER
MATERIALS
SEC. 103. //44 USC 2107 NOTE.// THE ADMINISTRATOR SHALL ISS AT THE
EARLIEST POSSIBLE DATE SUCH REGULATIONS AS MAY BE NECESSARY TO ASSURE
THE PROTECTION OF THE TAPE RECORDINGS AND OTHER MATERIALS REFERRED TO IN
SECTION 101 FROM LOSS OR DESTRUCTION, AND TO PREVENT ACCESS TO SUCH
RECORDINGS AND MATERIALS BY UNAUTHORIZED PERSONS. CUSTODY OF SUCH
RECORDINGS AND MATERIALS SHALL BE MAINTAINED IN WASHINGTION, DISTRICT OF
COLUMBIA, OR ITS METROPOLITAN AREA, EXCEPT AS MAY OTHERWISE BE NECESSARY
TO CARRY OUT THE PROVISIONS OF THIS TITLE.
REGULATIONS RELATING TO PUBLIC ACCESS
SEC. 104. //44 USC 2107 NOTE.// (A) THE ADMINISTRATOR SHALL, WITHIN
NINETY DAYS AFTER THE DATE OF ENACTMENT OF THIS TITLE, SUBMIT TO EACH
HOUSE OF THE CONGRESS A REPORT PROPOSING AND EXPLAINING REGULATIONS THAT
WOULD PROVIDE PUBLIC ACCESS TO THE TAPE RECORDINGS AND OTHER MATERIALS
REFERRED TO IN SECTION 101. SUCH REGULATIONS SHALL TAKE INTO ACCOUNT
THE FOLLOWING FACTORS:
(1) THE NEED TO PROVIDE THE PUBLIC WITH THE FULL TRUTH, AT THE
EARLIEST REASONABLE DATE, OF THE ABUSES OF GOVERNMENTAL POWER
POPULARLY IDENTIFIED UNDER THE GENERIC TERM "WATERGATE";
(2) THE NEED TO MAKE SUCH RECORDINGS AND MATERIALS AVAILABLE
FOR USE IN JUDICIAL PROCEEDINGS;
(3) THE NEED TO PREVENT GENERAL ACCESS, EXCEPT IN ACCORDDANCE
WITH APPROPRIATE PROCEDURES ESTABLISHED FOR USE IN JUDICIAL
PROCEEDINGS, TO INFORMATION RELATING TO THE NATION'S SECURITY;
(4) THE NEED TO PROTECT EVERY INDIVIDUAL'S RIGHT TO A FAIR AND
IMPARTIAL TRAIL;
(5) THE NEED TO PROTECT ANY PARTY'S OPPORTUNITY TO ASSERT ANY
LEGALLY OR CONSTITUTIONALLY BASED RIGHT OR PRIVILEGE WHICH WOULD
PREVENT OR OTHERWISE LIMIT ACCESS TO SUCH RECORDINGS AND
MATERIALS;
(6) THE NEED TO PROVIDE PUBLIC ACCESS TO THOSE MATERIALS WHICH
HAVE GENERAL HISTORICAL SIGNIFICANCE, AND WHICH ARE NOT LIKELY TO
BE RELATED TO THE NEED DESCRIBED IN PARAGRAPH (1); AND
(7) THE NEED TO GIVE TO RICHARD M. NIXON, OR HIS HEIRS, FOR HIS
SOLE CUSTODY AND USE, TAPE RECORDINGS AND OTHER MATERIALS WHICH
ARE NOT LIKELY TO BE RELATED TO THE NEED DESCRIBED IN PARAGRAPH
(1) AND ARE NOT OTHERWISE OR GENERAL HISTORICAL SIGNIFICANCE.
(B)(1) THE REGULATIONS PROPOSED BY THE ADMINISTRATOR IN THE REPORT
REQUIRED BY SUBSECTION (A) SHALL TAKE EFFECT UPON THE EXPIRATION OF
NINETY LEGISLATIVE DAYS AFTER THE SUBMISSION OF SUCH REPORT, UNLESS SUCH
REGULATIONS ARE DISAPPROVED BY A RESOLUTION ADOPTED BY EITHER HOUSE OF
THE CONGRESS DURING SUCH PERIOD.
(2) THE ADMINISTRATOR MAY NOT ISSUE ANY REGULATION OR MAKE ANY CHANGE
IN A REGULATION IF SUCH REGULATION OR CHANGE IS DISAPPROVED BY EITHER
HOUSE OF THE CONGRESS UNDER THIS SUBSECTION.
(3) THE PROVISIONS OF THIS SUBSECTION SHALL APPLY TO ANY CHANGE IN
THE REGULATIONS PROPOSED BY THE ADMINISTRATOR IN THE REPORT REQUIRED BY
SUBSECTION (A). ANY PROPOSED CHANGE SHALL TAKE INTO ACCOUNT THE FACTORS
DESCRIBED IN PARAGRAPH (1) THROUGH PARAGRAPH (7) OF SUBSECTION (A), AND
SUCH PROPOSED CHANGE SHALL BE SUBMITTED BY THE ADMINISTRATOR IN THE SAME
MANNER AS THE REPORT REQUIRED BY SUBSECTION (A).
(4) PARAGRAPH (5) IS ENACTED BY THE CONGRESS--,
(A) AS AN EXERCISE OF THE RULEMAKING POWER OF THE SENATE AND
THE HOUSE OF REPRESENTATIVES, RESPECTIVELY, AND AS SUCH IT SHALL
BE CONSIDERED AS PART OF THE RULES OF EACH HOUSE, RESPECTIVELY,
AND SUCH RULES SHALL SUPERSEDE OTHER RULES ONLY TO THE EXTENT THAT
THEY ARE INCONSISTENT THEREWITH; AND
(B) WITH FULL RECOGNITION OF THE CONSTITUTIONAL RIGHT OF EITHER
HOUSE TO CHANGE SUCH RULES (AS FAR AS RELATING TO THE PROCEDURES
OF THAT HOUSE) AT ANY TIME, IN THE SAME MANNER, AND TO THE SAME
EXTENT AS IN THE CASE OF ANY OTHER RULE OF THAT HOUSE.
(5)(A) ANY RESOLUTION INTRODUCED UNDER PARAGRAPH (1) SHALL BE
REFERRED TO A COMMITTEE BY THE SPEAKER OF THE HOUSE OR BY THE PRESIDENT
OF THE SENATE, AS THE CASE MAY BE.
(B) IF THE COMMITTEE TO WHICH ANY SUCH RESOLUTION IS REFERRED HAS NOT
REPORTED ANY RESOLUTION RELATING TO ANY REGULATION OR CHANGE PROPOSED BY
THE ADMINISTRATOR UNDER THIS SECTION BEFORE THE EXPIRATION OF SIXTY
CALENDAR DAYS AFTER THE SUBMISSION OF ANY SUCH PROPOSED REGULATION OR
CHANGE, IT SHALL THEN BE IN ORDER TO MOVE TO DISCHARGE THE COMMITTEE
FROM FURTHER CONSIDERATION OF SUCH RESOLUTION.
(C) SUCH MOTION MAY BE MADE ONLY BY A PERSON FAVORING THE RESOLUTION,
AND SUCH MOTION SHALL BE PRIVILEGED. AN AMENDMENT TO SUCH MOTION IS NOT
IN ORDER, AND IT IS NOT IN ORDER TO MOVE TO RECONSIDER THE VOTE BY WHICH
SUCH MOTION IS AGREED TO OR DISAGREED TO.
(D) IF THE MOTION TO DISCHARGE IS AGREED TO OR DISAGREED TO, SUCH
MOTION MAY NOT BE RENEWED.
(E) WHEN THE COMMITTEE HAS REPORTED, OR HAS BEEN DISCHARGED FROM
FURTHER CONSIDERATION OF, A RESOLUTION INTRODUCED UNDER PARAGRAPH (1),
IT SHALL AT ANY TIME THEREAFTER BE IN ORDER (EVEN THOUGH A PREVIOUS
MOTION TO THE SAME EFFECT HAS BEEN DISAGREED TO) TO MOVE TO PROCEED TO
THE CONSIDERATION OF SUCH RESOLUTION. SUCH MOTION SHALL BE PRIVILEGED.
AN AMENDMENT TO SUCH MOTION IS NOT IN ORDER, AND IT IS NOT IN ORDER TO
MOVE TO RECONSIDER THE VOTE BY WHICH SUCH MOTION IS AGREED TO OR
DISAGREED TO.
(6) FOR PURPOSES OF THIS SUBSECTION, THE TERM "LEGISLATIVE DAYS" DOES
NOT INCLUDE ANY CALENDAR DAY ON WHICH BOTH HOUSES OF THE CONGRESS ARE
NOT IN SESSION.
(C) THE PROVISIONS OF THIS TITLE SHALL NOT APPLY, ON AN AFTER THE
DATE UPON WHICH REGULATIONS PROPOSED BY THE ADMINISTRATOR TAKE EFFECT
UNDER SUBSECTION (B), TO ANY TAPE RECORDINGS OR OTHER MATERIALS GIVEN TO
RICHARD M. NIXON, OR HIS HEIRS, PURSUANT TO SUBSECTION (A)(7).
(D) THE PROVISIONS OF THIS TITLE SHALL NOT IN ANY WAY AFFECT THE
RIGHTS, LIMITATIONS OR EXEMPTIONS APPLICABLE UNDER THE FREEDOM OF
INFORMATION ACT, 5 U.S.C. 552 ET SEQ.
JUDICIAL REVIEW
SEC. 105. //44 USC 2107 NOTE.// (A) THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA SHALL HAVE EXCLUSIVE JURISDICTION TO HEAR
CHALLENGES TO THE LEGAL OR CONSTITUTIONAL VALIDITY OF THIS TITLE OR OF
ANY REGULATION ISSUED UNDER THE AUTHORITY GRANTED BY THIS TITLE, AND ANY
ACTION OR PROCEEDING INVOLVING THE QUESTION OF TITLE, OWNERSHIP,
CUSTODY, POSSESSION, OR CONTROL OF ANY TAPE RECORDING OR MATERIAL
REFERRED TO IN SECTION 101 OR INVOLVING PAYMENT OF ANY JUST COMPENSATION
WHICH MAY BE DUE IN CONNECTION THEREWITH. ANY SUCH CHALLLENGE SHALL BE
TREATED BY THE COURT AS A MATTER REQUIRING IMMEDIATE CONSIDERATION AND
RESOLUTION, AND SUCH CHALLENGE SHALL HAVE PRIORITY ON THE DOCKET OF SUCH
COURT OVER OTHER CASES.
(B) IF, UNDER THE PROCEDURES ESTABLISHED BY SUBSECTION (A), A
JUDICIAL DECISION IN RENDERED THAT A PARTICULAR PROVISION OF THIS TITLE,
OR A PARTICULAR REGULATION ISSUED UNDER THE AUTHORITY GRANTED BY THIS
TITLE, IS UNCONSTITUTIONAL OR OTHERWISE INVALID, SUCH DECISION SHALL NOT
AFFECT IN ANY WAY THE VALIDITY OR ENFORCEMENT OF ANY OTHER PROVISION OF
THIS TITLE OR ANY REGULATION ISSUED UNDER THE AUTHORITY GRANTED BY THIS
TITLE.
(C) IF A FINAL DECISION OF SUCH COURT HOLDS THAT ANY PROVISION OF
THIS TITLE HAS DEPRIVED AN INDIVIDUAL OF PRIVATE PROPERTY WITHOUT JUST
COMPENSATION, THEN THERE SHALL BE PAID OUT OF THE GENERAL FUND OF THE
TREASURY OF THE UNITED STATES SUCH AMOUNT OR AMOUNTS AS MAY BE ADJUDGED
JUST BY THAT COURT.
AUTHORIZATION OF APPROPRIATIONS
SEC. 106. THERE IS AUTHORIZED TO BE APPROPRIATED SUCH SUMS AS MAY BE
NECESSARY TO CARRY OUT THE PROVISIONS OF THIS TITLE.
SHORT TITLE
SEC. 201. THIS TITLE MAY BE CITED AS THE "PUBLIC DOCUMENTS ACT".
//44 USC 3315 NOTE.//
ESTABLISHMENT OF STUDY COMMISSION
SEC. 202. CHAPTER 33 OF TITLE 44, UNITED STATES CODE, IS AMENDED BY
ADDING AT THE END THEREOF THE FOLLOWING NEW SECTIONS:
"FOR PURPOSES OF THIS SECTION AND SECTION 3316 THROUGHT SECTION 3324
OF THIS TITLE--, //POST, PP. 1699, 1701.//
"(1) THE TERM 'FEDERAL OFFICIAL' MEANS ANY INDIVIDUAL HOLDING
THE OFFICE OF PRESIDENT OR VICE PRESIDENT OF THE UNITED STATES, OR
SENATOR OR REPRESENTATIVE IN, OR DELEGATE OR RESIDENT COMMISSIONER
TO, THE CONGRESS OF THE UNITED STATES, OR ANY OFFICER OF THE
EXECUTIVE, JUDICIAL, OR LEGISLATIVE BRANCH OF THE FEDERAL
GOVERNMENT;
"(2) THE TERM 'COMMISSION MEANS THE NATIONAL STUDY COMMISSION
ON RECORDS AND DOCUMENTS OF FEDERAL OFFICIALS; AND
"(3) THE TERM 'RECORDS AND DOCUMENTS' SHALL INCLUDE HANDWRITTEN
AND TYPEWRITTEN DOCUMENTS, MOTION PICTURES, TELEVISION TAPES AND
RECORDINGS, MAGNETIC TAPES, AUTOMATED DATA PROCESSING
DOCUMENTATION IN VARIOUS FORMS, AND OTHER RECORDS THAT REVEAL THE
HISTORY OF THE NATION.
"THERE IS ESTABLISHED A COMMISSION TO BE KNOWN AS THE NATIONAL STUDY
COMMISSION ON RECORDS AND DOCUMENTS OF FEDERAL OFFICIALS.
"IT SHALL BE THE DUTY OF THE COMMISSION TO STUDY PROBLEMS AND
QUESTIONS WITH RESPECT TO THE CONTROL, DISPOSITION, AND PRESERVATION, OF
RECORDS AND DOCUMENTS PRODUCED BY OR ON BEHALF OF FEDERAL OFFICIALS,
WITH A VIEW TOWARD THE DEVELOPMENT OF APPROPRIATE LEGISLATIVE
RECOMMENDATIONS AND OTHER RECOMMENDATIONS REGARDING APPROPRIATE RULES
AND PROCEDURES WITH RESPECT TO SUCH CONTROL, DISPOSITION, AND
PRESERVATION. SUCH STUDY SHALL INCLUDE CONSIDERATION OF--,
"(1) WHETHER THE HISTORICAL PRACTICE REGARDING THE RECORDS AND
DOCUMENTS PRODUCED BY OR ON BEHALF OF PRESIDENTS OF THE UNITED
STATES SHOULD BE REJECTED OR ACCEPTED AND WHETHER SUCH PRACTICE
SHOULD BE MADE APPLICABLE WITH RESPECT TO ALL FEDERAL OFFICIALS;
"(2) THE RELATIONSHIP OF THE FINDINGS OF THE COMMISSION TO THE
PROVISIONS OF CHAPTER 19 OF THIS TITLE, //44 USC 1901.// SECTION
2101 THROUGH SECTION 2108 OF THIS TITLE, //44 USC 2101, 2108.//
AND OTHER FEDERAL LAWS RELATING TO THE CONTROL, DISPOSITION, AND
PRESERVATION OF RECORDS AND DOCUMENTS OF FEDERAL OFFICIALS;
"(3) WHETHER THE FINDINGS OF THE COMMISSION SHOULD AFFECT THE
CONTROL, DISPOSITION, AND PRESERVATION OF RECORDS AND DOCUMENTS OF
AGENCIES WITHIN THE EXECUTIVE OFFICE OF THE PRESIDENT CREATED FOR
SHORT-TERM PURPOSES BY THE PRESIDENT;
"(4) THE RECORDKEEPING PROCEDURES OF THE WHITE HOUSE OFFICE,
WITH A VIEW TOWARD ESTABLISHING MEANS TO DETERMINE WHICH RECORDS
AND DOCUMENTS ARE PRODUCED BY OR ON BEHALF OF THE PRESIDENT;
"(5) THE NATURE OF RULES AND PROCEDURES WHICH SHOULD APPLY TO
THE CONTROL, DISPOSITION, AND PRESERVATION OF RECORDS AND
DOCUMENTS PRODUCED BY PRESIDENTIAL TASK FORCES, COMMISSIONS, AND
BOARDS;
"(6) CRITERIA WHICH MAY BE USED GENERALLY IN DETERMINING THE
SCOPE OF MATERIALS WHICH SHOULD BE CONSIDERED TO BE THE RECORDS
AND DOCUMENTS OF MEMBERS OF THE CONGRESS;
"(7) THE PRIVACY INTERESTS OF INDIVIDUALS WHOSE COMMUNICATIONS
WITH FEDERAL OFFICIALS, AND WITH TASK FORCES, COMMISSIONS, AND
BOARDS, ARE A PART OF THE RECORDS AND DOCUMENTS PRODUCED BY SUCH
OFFICIALS, TASK FORCES, COMMISSIONS, AND BOARDS; AND
"(8) ANY OTHER PROBLEMS, QUESTIONS, OR ISSUES WHICH THE
COMMISSION CONSIDERS RELEVANT TO CARRYING OUT ITS DUTIES UNDER
SECTION 3315 THROUGH SECTION 3324 OF THIS TITLE.
"(A)(1) THE COMMISSION SHALL BE COMPOSED OF SEVENTEEN MEMBERS AS
FOLLOWS:
"(A) ONE MEMBER OF THE HOUSE OF REPRESENTATIVES APPOINTED BY
THE SPEAKER OF THE HOUSE UPON RECOMMENDATION MADE BY THE MAJORITY
LEADER OF THE HOUSE;
"(B) ONE MEMBER OF THE HOUSE OF REPRESENTATIVES APPOINTED BY
THE SPEAKER OF THE HOUSE UPON RECOMMENDATION MADE BY THE MINORITY
LEADER OF THE HOUSE;
"(C) ONE MEMBER OF THE SENATE APPOINTED BY THE PRESIDENT PRO
TEMPORE OF THE SENATE UPON RECOMMENDATION MADE BY THE MAJORITY
LEADER OF THE SENATE;
"(D) ONE MEMBER OF THE SENATE APPOINTED BY THE PRESIDENT PRO
TEMPORE OF THE SENATE UPON RECOMMENDATION MADE BY THE MINORITY
LEADER OF THE SENATE;
"(E) ONE JUSTICE OF THE SUPREME COURT, APPOINTED BY THE CHIEF
JUSTICE OF THE UNITED STATES;
"(F) ONE PERSON EMPLOYED BY THE EXECUTIVE OFFICE OF THE
PRESIDENT OR THE WHITE HOUSE OFFICE, APPOINTED BY THE PRESIDENT;
"(G) THREE APPOINTED BY THE PRESIDENT, BY AND WITH THE ADVICE
AND CONSENT OF THE SENATE, FROM PERSONS WHO ARE NOT OFFICERS OR
EMPLOYEES OF ANY GOVERNMENT AND WHO ARE SPECIALLY QUALIFIED TO
SERVE ON THE COMMISSION BY VIRTUE OF THEIR EDUCATION, TRAINING, OR
EXPERIENCE;
"(H) ONE REPRESENTATIVE OF THE DEPARTMENT OF STATE, APPOINTED
BY THE SECRETARY OF STATE;
"(I) ONE REPRESENTATIVE OF THE DEPARTMENT OF DEFENSE, APPOINTED
BY THE SECRETARY OF DEFENSE;
"(J) ONE REPRESENTATIVE OF THE DEPARTMENT OF THE JUSTICE,
APPOINTED BY THE ATTORNEY GENERAL;
"(K) THE ADMINISTRATOR OF GENERAL SERVICES (OR HIS
DELEGATE);
"(L) THE LIBRARIAN OF CONGRESS;
"(M) ONE MEMBER OF THE AMERICAN HISTORICAL ASSOCIATION,
APPOINTED BY THE COUNSEL OF SUCH ASSOCIATION;
"(N) ONE MEMBER OF THE SOCIETY OF AMERICAN ARCHIVISTS,
APPOINTED BY SUCH SOCIETY; AND
"(O) ONE MEMBER OF THE ORGANIZATION OF AMERICAN HISTORIANS,
APPOINTED BY SUCH ORGANIZATION.
"(2) NO MORE THAN TWO MEMBERS APPOINTED UNDER PARAGRAPH (1) (G) MAY
BE OF THE SAME POLITICAL PARTY.
"(B) A VACANCY IN THE COMMISSION SHALL BE FILLED IN THE MANNER IN
WHICH THE ORIGINAL APPOINTMENT WAS MADE.
"(C) IF ANY MEMBER OF THE COMMISSION WHO WAS APPOINTED TO THE
COMMISSION AS A MEMBER OF THE CONGRESS LEAVE SUCH OFFICE, OR IF ANY
MEMBER OF THE COMMISSION WHO WAS APPOINTED FROM PERSONS WHO ARE NOT
OFFICERS OR EMPLOYEES OF ANY GOVERNMENT BECOMES AN OFFICER OR EMPLOYEE
OF A GOVERNMENT, HE MAY CONTINUE AS A MEMBER OF THE COMMISSION FOR NO
LONGER THAN THE SIXTY-DAY PERIOD BEGINNING ON THE DATE HE LEAVES SUCH
OFFICE OR BECOMES SUCH AN OFFICER OR EMPLOYEE, AS THE CASE MAY BE.
"(D) MEMBERS SHALL BE APPOINTED FOR THE LIFE OF THE COMMISSION.
"(E)(1) MEMBERS OF THE COMMISSION SHALL SERVE WITHOUT PAY.
"(2) WHILE AWAY FROM THEIR HOMES OR REGULAR PLACES OF BUSINESS IN THE
PERFORMANCE OF SERVICES FOR THE COMMISSION, MEMBERS OF THE COMMISSION
SHALL BE ALLOWED TRAVEL EXPENSES IN THE SAME MANNER AS PERSONS EMPLOYED
INTERMITTENTLY IN THE SERVICE OF THE FEDERAL GOVERNMENT ARE ALLOWED
EXPENSES UNDER SECTION 5703(B) OF TITLE 5, UNITED STATES CODE, EXCEPT
THAT PER DIEM IN LIEU OF SUBSISTENCE SHALL BE PAID ONLY ON THOSE MEMBERS
OF THE COMMISSION WHO ARE NOT FULL-TIME OFFICERS OR EMPLOYEES OF THE
UNITED STATES OR MEMBERS OF THE CONGRESS.
"(F) THE CHAIRMAN OF THE COMMISSION SHALL BE DESIGNATED BY THE
PRESIDENT FROM AMONG MEMBERS APPOINTED UNDER SUBSECTION (A)(1) (G).
"(G) THE COMMISSION SHALL MEET AT THE CALL OF THE CHAIRMAN OR A
MAJORITY OF ITS MEMBERS.
USC 3319.//
"(A) THE COMMISSION SHALL APPOINT A DIRECTOR WHO SHALL BE PAID AT A
RATE NOT TO EXCEED THE RATE OF BASIC PAY IN EFFECT FOR LEVEL V OF THE
EXECUTIVE SCHEDULE (5 U.S.C. 5316).
"(B) THE COMMISSION MAY APPOINT AND FIX THE PAY OF SUCH ADDITIONAL
PERSONNEL AS IT DEEMS NECESSARY.
"(C)(1) THE COMMISSION MAY PROCURE TEMPORARY AND INTERMITTENT
SERVICES TO THE SAME EXTENT AS IS AUTHORIZED BY SECTION 3109(B) OF TITLE
5, UNITED STATES CODE, BUT AT RATES FOR INDIVIDUALS NOT TO EXCEED THE
DAILY EQUIVALENT OF THE ANNUAL RATE OF BASIC PAY IN EFFECT FOR GRADE
GS-15 OF THE GENERAL SCHEDULE (5 U.S.C. 5332).
"(2) IN PROCURING SERVICES UNDER THIS SUBSECTION, THE COMMISSION
SHALL SEEK TO OBTAIN THE ADVICE AND ASSISTANCE OF CONSTITUTIONAL
SCHOLARS AND MEMBERS OF THE HISTORICAL, ARCHIVAL, AND JOURNALISTIC
PROFESSIONS.
"(D) UPON REQUEST OF THE COMMISSION, THE HEAD OF ANY FEDERAL AGENCY
IS AUTHORIZED TO DETAIL, ON A REIMBURSABLE BASIS, ANY OF THE PERSONNEL
OF SUCH AGENCY TO THE COMMISSION TO ASSIST IT IN CARRYING OUT ITS DUTIES
UNDER SECTIONS 3315 THROUGH 3324 OF THIS TITLE.
"(A) THE COMMISSION MAY, FOR THE PURPOSE OF CARRYING OUT ITS DUTIES
UNDER SECTIONS 3315 THROUGH 3325 OF THIS TITLE, HOLD SUCH HEARINGS, SIT
AND ACT AT SUCH TIMES AND PLACES, TAKE SUCH TESTIMONY, AND RECEIVE SUCH
EVIDENCE, AS THE COMMISSION MAY DEEM DESIRABLE.
"(B) WHEN SO AUTHORIZED BY THE COMMISSION, ANY MEMBER OR AGENT OF THE
COMMISSION MAY TAKE ANY ACTION WHICH THE COMMISSION IS AUTHORIZED TO
TAKE BY THIS SECTION.
"(C) THE COMMISSION MAY SECURE DIRECTLY FROM ANY DEPARTMENT OR AGENCY
OF THE UNITED STATES INFORMATION NECESSARY TO ENABLE THE COMMISSION TO
CARRY OUT ITS DUTIES UNDER SECTION 3315 THROUGH SECTION 3324 OF THIS
TITLE. UPON REQUEST OF THE CHAIRMAN OF THE COMMISSION, THE HEAD OF SUCH
DEPARTMENT OR AGENCY SHALL FURNISH SUCH INFORMATION TO THE COMMISSION.
"(A) THE ADMINISTRATOR OF GENERAL SERVICES SHALL PROVIDE TO THE
COMMISSION ON A REIMBURSABLE BASIS SUCH ADMINISTRATIVE SUPPORT SERVICES
AND ASSISTANCE AS THE COMMISSION MAY REQUEST.
"(B) THE ARCHIVIST OF THE UNITED STATES SHALL PROVIDE TO THE
COMMISSION ON A REIMBURSABLE BASIS SUCH TECHNICAL AND EXPERT ADVICE,
CONSULTATION, AND SUPPORT ASSISTANCE AS THE COMMISSION MAY REQUEST.
"THE COMMISSION SHALL TRANSMIT TO THE PRESIDENT ANS TO EACH HOUSE OF
THE CONGRESS A REPORT NOT LATER THAN MARCH 31, 1976. SUCH REPORT SHALL
CONTAIN A DETAILED STATEMENT OF THE FINDINGS AND CONCLUSIONS OF THE
COMMISSION, TOGETHER WITH ITS RECOMMENDATIONS FOR SUCH LEGISLATION,
ADMINISTRATIVE ACTIONS, AND OTHER ACTIONS, AS IT DEEMS APPROPRIATE.
"THE COMMISSION SHALL CEASE TO EXIST SIXTY DAYS AFTER TRANSMITTING
ITS REPORT UNDER SECTION 3322 OF THIS TITLE.
"THERE IS AUTHORIZED TO BE APPROPRIATED SUCH SUMS MAY BE NECESSARY TO
CARRY OUT SECTION 3315 THROUGH SECTION 3324 OF THIS TITLE.".
TECHNICAL AMENDMENT
SEC. 203. THE TABLE OF SECTIONS FOR CHAPTER 33 OF TITLE 44, UNITED
STATES CODE, IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW
ITEMS:
"3315. DEFINITIONS.
"3316. ESTABLISHMENT OF COMMISSION.
"3317. DUTIES OF COMMISSION.
"3318. MEMBERSHIP.
"3319. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS.
"3320. POWERS OF COMMISSION.
"3321. SUPPORT SERVICES.
"3322. REPORT.
"3323. TERMINATION.
"3324. AUTHORIZATION OF APPROPRIATIONS.".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1507 (COMM. ON HOUSE ADMINISTRATION).
SENATE REPORTS: NO. 93 - 1181 (COMM. ON GOVERNMENT OPERATIONS) AND
NO. 93 - 1182 ACCOMPANYING S.J. RES. 240 (COMM. ON GOVERNMENT
OPERATIONS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
OCT. 3, 4, CONSIDERED AND PASSED SENATE.
DEC. 3, CONSIDERED AND PASSED HOUSE, AMENDED.
DEC. 9, SENATE CONCURRED IN HOUSE AMENDMENT WITH AMENDMENTS;
HOUSE CONCURRED IN SENATE AMENDMENTS.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VOL. 10, NO. 51:
DEC. 19, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-525, 88 STAT 1695.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT TITLE 10, UNITED
STATES CODE, IS AMENDED BY REPEALING SECTION 8577 (RELATING TO THE
COMMAND OF FLYING UNITS OF THE AIR FORCE) AND BY STRIKING OUT THE
CORRESPONDING ITEM IN THE ANALYSIS OF CHAPTER 845.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1388 (COMM. ON ARMED SERVICES).
SENATE REPORT NO. 93 - 1094 (COMM. ON ARMED SERVICES).
CONGRESSIONAL RECORD, VOL. 120 (1974):
AUG. 16, CONSIDERED AND PASSED SENATE.
DEC. 9, CONSIDERED AND PASSED HOUSE.
PUBLIC LAW 93-524, 88 STAT 1694.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 4153 OF THE
REVISED STATUTES (46 U.S.C. 77) IS AMENDED BY INSERTING FOLLOWING
PARAGRAPH (D) THE FOLLOWING NEW PARAGRAPH:
"(E) SPACE OCCUPIED BY MACHINERY USED EXCLUSIVELY TO SEPARATE,
CLARIFY, PURIFY, OR PROCESS, A SHIP'S OWN SLOP OIL MIXTURE,
TANK-CLEANING RESIDUE, BILGE RESIDUE, OR OTHER WASTE MATERIALS,
INCLUDING SEWAGE GARBAGE, GALLEY WASTES, OR TRASH AND SPACE OCCUPIED BY
ANY TANK, TANKS, OR COLLECTION AREA USED EXCLUSIVELY FOR THE CARRIAGE OR
COLLECTION OF SUCH SLOP OIL MIXTURE, TANK-CLEANING RESIDUE, OR OTHER
WASTE MATERAILS, BUT NOT TO EXCEED AS MAXIMUM SPACE DEDUCTION
ESTABLISHED BY REGULATIONS HEREUNDER. THE SECRETARY OF THE DEPARTMENT
IN WHICH THE COAST GUARD IS OPERATING IN CONSULTATION WITH THE
ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY, SHALL ISSUE
REGULATIONS TO DEFINE THE SLOP OIL MIXTURES, CLEANING RESIDUE, AND WASTE
MATERIALS, ESTABLISH THE MAXIMUM DEDUCTIONS WHICH MAY BE MADE, DEFINE
THE MANNER IN WHICH THE SPACES SHALL BE USED AND MARKED, AND AS
NECESSARY OTHERWISE TO CARRY OUT THE PROVISIONS OF THIS PARAGRAPH."
SEC. 2. SECTION 4153 OF THE REVISED STATUTES (46 U.S.C. 77) IS
FURTHER AMENDED BY REDESIGNATING EXISTING PARAGRAPHS (E) THROUGH (I) AS
(F) THROUGH (J).
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1392 (COMM. ON MERCHANT MARINE AND
FISHERIES).
SENATE REPORT NO. 93 - 730 (COMM. ON COMMERCE).
CONGRESSIONAL RECORD, VOL. 120 (174):
MAR. 13, CONSIDERED AND PASSED SENATE.
DEC. 3, CONSIDERED AND PASSED HOUSE, AMENDED.
DEC. 5, SENATE CONCURRED IN HOUSE AMENDMENTS.
PUBLIC LAW 93-523, 88 STAT 1660, SAFE DRINKING WATER ACT.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED,
SHORT TITLE //42 USC 300F. NOTE.//
SECTION 1. THIS ACT MAY BE CITED AS THE "SAFE DRINKING WATER ACT".
PUBLIC WATER SYSTEMS //42 USC 201 NOTE.//
SEC. 2. (A) THE PUBLIC HEALTH SERVICE ACT IS AMENDED BY INSERTING
AFTER TITLE XIII THE FOLLOWING NEW TITLE:
"DEFINITIONS //42 USC 300F.//
"SEC. 1401. FOR PURPOSES OF THIS TITLE:
"(1) THE TERM 'PRIMARY DRINKING WATER REGULATION' MEANS A
REGULATION WHICH--,
"(A) APPLIES TO PUBLIC WATER SYSTEMS;
"(B) SPECIFIES CONTAMINANTS WHICH, IN THE JUDGEMENT OF THE
ADMINISTRATOR, MAY HAVE ANY ADVERSE EFFECT ON THE HEALTH OF
PERSONS;
(C) SPECIFIES FOR EACH SUCH CONTAMINENT EITHER--,
"(I) A AMAXIMUM CONTAMINANT LEVEL, IF, IN THE JUDGEMENT OF THE
ADMINISTRATOR, IT IS ECONOMICALLY AND TECHNOLOGICALLY FEASIBLE TO
ASCERTAIN THE LEVEL OF SUCH CONTAMINANT IN WATER IN PUBLIC WATER
SYSTEMS, OR
"(II) IF, IN THE JUDGEMENT OF THE ADMINISTRATOR, ITIS NOT
ECONOMICALLY OR TECHNOLOGICALLY FEASIBLE TO ASCERTAIN THE LEVEL OF
SUCH CONTAMINANT, EACH TREATMENT TECHNIQUE KNOWN TO THE
ADMINISTRATOR WHICH LEADS TO A REDUCTION IN THE LEVEL OF SUCH
CONTAMINANT SUFFICIENT TO SATISFY THE REQUIREMENTS OF SECTION
1412; / POST, P. 1662.// AND "(D) CONTAINS CRITERIA AND
PROCEDURES TO ASSURE A SUPPLY OF DRINKING WATER WHICH DEPENDABLY
COMPLIES WITH SUCH MAXIMUM CONTAMINANT LEVELS; INC LUDING QUALITY
CONTROL AND TESTING PROCEDURES TO INSURE COMPLIANCE WITH SUCH
LEVELS AND TO INSURE PROPER OPERATION AND AMINTENANCE OF THE
SYSTEM, AND REQUIREMENTS AS TO (I) THE MINIMUM QUALITY OF WATER
WHICH MAY BE TAKEN INTO SYSTEMS AND (II) SITING FOR NEW FACILITIES
FOR PUBLIC WATER SYSTEMS.
"(2) THE TERM 'SECONDARY DRINKING WATER REGULATION' MEANS A
REGULATION WHICH APPLIES TO PUBLIC WATER SYSTEMS AND WHICH
SPECIFIES THE MAXIMUM CONTAMINANT LEVELS WHICH, IN THE JUDGMENT OF
THE ADMINISTRATOR, ARE REQUISITE TO PROTECT THE PUBLIC WELFARE.
SUCH REGULATIONS MAY APPLY TO ANY CONTAMINANT IN DRINKING WATER
(A) WHICH MAY ADVERSELY AFFECT THE ODOR OR APPEARANCE OF SUCH
WATER AND CONSEQUENTLY MAY CAUSE A SUBSTANTIAL NUMBER OF THE
PERSONS SERVED BY THE PUBLIC WATER SYSTEM PROVIDING SUCH WATER TO
DISCONTINUE ITS USE, OR (B) WHICH MAY OTHERWISE ADVERSELY AFFECT
THE PUBLIC WELFARE. SUCH REGULATIONS MAY VARY ACCORDING TO
GEOGRAPHIC AND OTHER CIRCUMSTANCES.
"(3) THE TERM 'MAXIMUM CONTAMINANT LEVEL' MEANS THE MAXIMUM
PERMISSIBLE LEVEL OF A CONTAMINANT IN WATER WHICH IS DELIVERED TO
ANY USER OF A PUBLIC WATER SYSTEM.
"(4) THE TERM 'PUBLIC WATER SYSTEM' MEANS A SYSTEM FOR THE
PROVISION TO THE PUBLIC OF PIPED WATER FOR HUMAN CONSUMPTION, IF
SUCH SYSTEM HAS AT LEAST FIFTEEN SERVICE CONNECTIONS OR REGULARLY
SERVES AT LEAST TWENTY-FIVE INDIVIDUALS. SUCH TERM INCLUDES (A)
ANY COLLECTION, TREATMENT, STORAGE, AND DISTRIBUTION FACILITIES
UNDER CONTROL OF THE OPERATOR OF SUCH SYSTEM AND USED PRIMARILY IN
CONNECTION WITH SUCH SYSTEM, AND (B) ANY COLLECTION OR
PRETREATMENT STORAGE FACILITIES NOT UNDER SUCH CONTROL WHICH ARE
USED PRIMARILY IN CONNECTION WITH SUCH SYSTEM.
"(5) THE TERM 'SUPPLIER OF WATER' MEANS ANY PERSON WHO OWNS OR
OPERATORS A PUBLIC WATER SYSTEM.
"(6) THE TERM 'CONTAMINANT' MEANS ANY PHYSICAL, CHEMICAL,
BIOLOGICAL, OR RADIOLOGICAL SUBSTANCE OR MATTER IN WATER.
"(7) THE TERM 'ADMINISTRATOR' MEANS THE ADMINISTRATOR OF THE
ENVIRONMENTAL PROTECTION AGENCY.
"(8) THE TERM 'AGENCY' MEANS THE ENVIRONMENTAL PROTECTION
AGENCY.
"(9) THE TERM 'COUNCIL' MEANS THE NATIONAL DRINKING WATER
ADVISORY COUNCIL ESTABLISHED UNDER SECTION 1446.
"(10) THE TERM 'MUNICIPALITY' MEANS A CITY, TOWN, OR OTHER
PUBLIC BODY CREATED BY OR PURSUANT TO STATE LAW, OR AN INDIAN
TRIBAL ORGANIZATION AUTHORIZED BY LAW.
"(11) THE TERM 'FEDERAL AGENCY' MEANS ANY DEPARTMENT, AGENCY,
OR INSTRUMENTALITY OF THE UNITED STATES.
"(12) THE TERM 'PERSON' MEANS AN INDIVIDUAL, CORPORATION,
COMPANY, ASSOCIATION, PARTNERSHIP, STATE, OR MUNICIPALITY.
"COVERAGE //42 USC 300G.//
"SEC. 1411. SUBJECT TO SECTIONS 1415 AND 1416, NATIONAL PRIMARY
DRINKING WATER REGULATIONS UNDER THIS PART SHALL APPLY TO EACH PUBLIC
WATER SYSTEM IN EACH STATE; EXCEPT THAT SUCH REGULATIONS SHALL NOT
APPLY TO A PUBLIC WATER SYSTEM--,
"(1) WHICH CONSISTS ONLY OF DISTRIBUTION AND STORAGE FACILITIES
(AND DOES NOT HAVE ANY COLLECTION AND TREATMENT FACILITIES);
"(2) WHICH OBTAINS ALL OF ITS WATER FROM, BUT IS NOT OWNED OR
OPERATED BY, A PUBLIC WATER SYSTEM TO WHICH SUCH REGULATIONS
APPLY;
"(3) WHICH DOES NOT SELL WATER TO ANY PERSON; AND
"(4) WHICH IS NOT A CARRIER WHICH CONVEYS PASSENGERS IN
INTERSTATE COMMERCE.
"NATIONAL DRINKING WATER REGULATIONS //42 USC 300G-1.//
"SEC. 1412. (A)(1) THE ADMINISTRATOR SHALL PUBLISH PROPOSED NATIONAL
INTERIM PRIMARY DRINKING WATER REGULATIONS WITHIN 90 DAYS AFTER THE DATE
OF ENACTMENT OF THIS TITLE. WITHIN 180 DAYS AFTER SUCH DATE OF
ENACTMENT, HE SHALL PROMULGATE SUCH REGULATIONS WITH SUCH MODIFICATIONS
AS HE DEEMS APPROPRIATE. REGULATIONS UNDER THIS PARAGRAPH MAY BE
AMENDED FROM TIME TO TIME.
"(2) NATIONAL INTERIM PRIMARY DRINKING WATER REGULATIONS PROMULGATED
UNDER PARAGRAPH (1) SHALL PROTECT HEALTH TO THE EXTENT FEASIBLE, USING
TECHNOLOGY, TREATMENT TECHNIQUES, AND OTHER MEANS, WHICH THE
ADMINISTRATOR DETERMINES ARE GENERALLY AVAILABLE (TAKING COSTS INTO
CONSIDERATION) ON THE DATE OF ENACTMENT OF THIS TITLE.
"(3) THE INTERIM PRIMARY REGULATIONS FIRST PROMULGATED UNDER
PARAGRAPH (1) SHALL TAKE EFFECT EIGHTEEN MONTHS AFTER THE DATE OF THEIR
PROMULGATION.
"(B)(1)(A) WITHIN 10 DAYS OF THE DATE THE REPORT ON THE STUDY
CONDUCTED PURSUANT TO SUBSECTION (E) IS SUBMITTED TO CONGRESS, THE
ADMINISTRATOR SHALL PUBLISH IN THE FEDERAL REGISTER, AND PROVIDE
OPPORTUNITY FOR COMMENT ON, THE--,
"(I) PROPOSALS IN THE REPORT FOR RECOMMENDED MAXIMUM
CONTAMINANT LEVELS FOR NATIONAL PRIMARY DRINKING WATER
REGULATIONS, AND
"(II) LIST IN THE REPORT OF CONTAMINANTS THE LEVELS OF WHICH IN
DRINKING WATER CANNOT BE DETERMINED BUT WHICH MAY HAVE AN ADVERSE
EFFECT ON THE HEALTH OF PERSONS.
"(B) WITHIN 90 DAYS AFTER THE DATE THE ADMINISTRATOR MAKES THE
PUBLICATION REQUIRED BY SUBPARAGRAPH (A), HE SHALL BY RULE ESTABLISH
RECOMMENDED MAXIMUM CONTAMINANT LEVELS FOR EACH CONTAMINANT WHICH, IN
HIS JUDGMENT BASED ON THE REPORT ON THE STUDY CONDUCTED PURSUANT TO
SUBSECTION (E), MAY HAVE ANY ADVERSE EFFECT ON THE HEALTH OF PERSONS.
EACH SUCH RECOMMENDED MAXIMUM CONTAMINANT LEVEL SHALL BE SET AT A LEVEL
AT WHICH, IN THE ADMINISTRATOR'S JUDGMENT BASED ON SUCH REPORT, NO KNOWN
OR ANTICIPATED ADVERSE EFFECTS ON THE HEALTH OF PERSONS OCCUR AND WHICH
ALLOWS AN ADEQUATE MARGIN OF SAFETY. IN ADDITION, HE SHALL, ON THE
BASIS OF THE REPORT ON THE STUDY CONDUCTED PURSUANT TO SUBSECTION (E),
LIST IN THE RULES UNDER THIS SUBPARAGRAPH ANY CONTAMINANT THE LEVEL OF
WHICH CANNOT BE ACCURATELY ENOUGH MEASURED IN DRINKING WATER TO
ESTABLISH A RECOMMENDED MAXIMUM CONTAMINANT LEVEL AND WHICH MAY HAVE ANY
ADVERSE EFFECT ON THE HEALTH OF PERSONS. BASED ON INFORMATION AVAILABLE
TO HIM, THE ADMINISTRATOR MAY BY RULE CHANGE RECOMMENDED LEVELS
ESTABLISHED UNDER THIS SUBPARAGRAPH OR CHANGE SUCH LIST.
"(2) ON THE DATE THE ADMINISTRATOR ESTABLISHES PURSUANT TO PARAGRAPH
(1)(B) RECOMMENDED MAXIMUM CONTAMINANT LEVELS HE SHALL PUBLISH IN THE
FEDERAL REGISTER PROPOSED REVISED NATIONAL PRIMARY DRINKING WATER
REGULATIONS (MEETING THE REQUIREMENTS OF PARAGRAPH (3)). WITHIN 180
DAYS AFTER THE DATE OF SUCH PROPOSED REGULATIONS, HE SHALL PROMULGATE
SUCH REVISED DRINKING WATER REGULATIONS WITH SUCH MODIFICATIONS AS HE
DEEMS APPROPRIATE.
"(3) REVISED NATIONAL PRIMARY DRINKING WATER REGULATIONS PROMULGATED
UNDER PARAGRAPH (2) OF THIS SUBSECTION SHALL BE PRIMARY DRINKING WATER
REGULATIONS WHICH SPECIFY A MAXIMUM CONTAMINANT LEVEL OR REQUIRE THE USE
OF TREATMENT TECHNIQUES FOR EACH CONTAMINANT FOR WHICH A RECOMMENDED
MAXIMUM CONTAMINANT LEVEL IS ESTABLISHED OR WHICH IS LISTED IN A RULE
UNDER PARAGRAPH (1)(B). THE MAXIMUM CONTAMINANT LEVEL SPECIFIED IN A
REVISED NATIONAL PRIMARY DRINKING WATER REGULATION FOR A CONTAMINANT
SHALL BE AS CLOSE TO THE RECOMMENDED MAXIMUM CONTAMINANT LEVEL
ESTABLISHED UNDER PARAGRAPH (1)(B) FOR SUCH CONTAMINANT AS IS FEASIBLE.
A REQUIRED TREATMENT TECHNIQUE FOR A CONTAMINANT FOR WHICH A RECOMMENDED
MAXIMUM CONTAMINANT LEVEL HAS BEEN ESTABLISHED UNDER PARAGRAPH (1)(B)
SHALL REDUCE SUCH CONTAMINANT TO A LEVEL WHICH IS AS CLOSE TO THE
RECOMMENDED MAXIMUM CONTAMINANT LEVEL FOR SUCH CONTAMINANT AS IS
FEASIBLE. A REQUIRED TREATMENT TECHNIQUE FOR A CONTAMINANT WHICH IS
LISTED UNDER PARAGRAPH (1)(B) SHALL REQUIRE TREATMENT NECESSARY IN THE
ADMINISTRATOR'S JUDGMENT TO PREVENT KNOWN OR ANTICIPATED ADVERSE EFFECTS
ON THE HEALTH OF PERSONS TO THE EXTENT FEASIBLE. FOR PURPOSES OF THIS
PARAGRAPH, THE TERM 'FEASIBLE' MEANS FEASIBLE WITH THE USE OF HE BEST
TECHNOLOGY, TREATMENT TECHNIQUES, AND OTHER MEANS, WHICH THE
ADMINISTRATOR FINDS ARE GENERALLY AVAILABLE (TAKING COST INTO
CONSIDERATION).
"(4) REVISED NATIONAL PRIMARY DRINKING WATER REGULATIONS SHALL BE
AMENDED WHENEVER CHANGES IN TECHNOLOGY, TREATMENT TECHNIQUES, AND OTHER
MEANS PERMIT GREATER PROTECTION OF THE HEALTH OF PERSONS, BUT IN ANY
EVENT SUCH REGULATIONS SHALL BE REVIEWED AT LEAST ONCE EVERY 3 YEARS.
"(5) REVISED NATIONAL PRIMARY DRINKING WATER REGULATIONS PROMULGATED
UNDER THIS SUBSECTION (AND AMENDMENTS THERETO) SHALL TAKE EFFECT
EIGHTEEN MONTHS AFTER THE DATE OF THEIR PROMULGATION. REGULATIONS UNDER
SUBSECTION (A) SHALL BE SUPERSEDED BY REGULATIONS UNDER THIS SUBSECTION
TO THE EXTENT PROVIDED BY THE REGULATIONS UNDER THIS SUBSECTION.
"(6) NO NATIONAL PRIMARY DRINKING WATER REGULATION MAY REQUIRE THE
ADDITION OF ANY SUBSTANCE FOR PREVENTIVE HEALTH CARE PURPOSES UNRELATED
TO CONTAMINATION OF DRINKING WATER.
"(C) THE ADMINISTRATOR SHALL PUBLISH PROPOSED NATIONAL SECONDARY
DRINKING WATER REGULATIONS WITHIN 270 DAYS AFTER THE DATE OF ENACTMENT
OF THIS TITLE. WITHIN 90 DAYS AFTER PUBLICATION OF ANY SUCH REGULATION,
HE SHALL PROMULGATE SUCH REGUALTION WITH SUCH MODIFICATIONS AS HE DEEMS
APPROPRIATE. REGULATIONS UNDER THIS SUBSECTION MAY BE AMENDED FROM TIME
TO TIME.
"(D) REGULATIONS UNDER THIS SECTION SHALL BE PRESCRIBED IN ACCORDANCE
WITH SECTION 553 OF TITLE 5, UNITED STATES CODE (RELATING TO
RULE-MAKING), EXCEPT THAT THE ADMINISTRATOR SHALL PROVIDE OPPORTUNITY
FOR PUBLIC HEARING PRIOR TO PROMULGATION OF SUCH REGULATIONS. IN
PROPOSING AND PROMULGATING REGULATIONS UNDER THIS SECTION, THE
ADMINISTRATOR SHALL CONSULT WITH THE SECRETARY AND THE NATIONAL DRINKING
WATER ADVISORY COUNCIL.
"(E)(1) THE ADMINISTRATOR SHALL ENTER INTO APPROPRIATE ARRANGEMENTS
WITH THE NATIONAL ACADEMY OF SCIENCES (OR WITH ANOTHER INDEPENDENT
SCIENTIFIC ORGANIZATION IF APPROPRIATE ARANGEMENTS CANNOT BE MADE WITH
SUCH ACADEMY) TO CONDUCT A STUDY TO DETERMINE (A) THE MAXIMUM
CONTAMINANT LEVELS WHICH SHOULD BE RECOMMENDED UNDER SUBSECTION (B)(2)
IN ORDER TO PROTECT THE HEALTH OF PERSONS FROM ANY KNOWN OR ANTICIPATED
ADVERSE EFFECTS, AND (B) THE EXISTENCE OF ANY CONTAMINANTS THE LEVELS OF
WHICH IN DRINKING WATER CANNOT BE DETERMINED BUT WHICH MAY HAVE AN
ADVERSE EFFECT ON THE HEALTH OF PERSONS.
"(2) THE RESULT OF THE STUDY SHALL BE REPORTED TO CONGRESS NO LATER
THAN 2 YEARS AFTER THE DATE OF ENACTMENT OF THIS TITLE. THE REPORT
SHALL CONTAIN (A) A SUMMARY AND EVALUATION OF RELEVANT PUBLICATIONS AND
UNPUBLISHED STUDIES; (B) A STATEMENT OF METHODOLOGIES AND ASSUMPTIONS F
FOR ESTIMATING THE LEVELS AT WHICH ADVERSE HEALTH EFFECTS MAY OCCUR;
(C) A STATEMENT OF METHODOLOGIES AND ASSUMPTIONS FOR ESTIMATING THE
MARGIN OF SAFETY WHICH SHOULD BE INCORPORATED IN THE NATIONAL PRIMARY
DRINKING WATER REGULATIONS; (D) PROPOSALS FOR RECOMMENDED MAXIMUM
CONTAMINANT LEVELS FOR NATIONAL PRIMARY DRINKING WATER REGULATIONS,
BASED ON THE METHODOLOGIES, ASSUMPTIONS, AND STUDIES REFERRED TO IN
CLAUSES (A), (B), AND (C) AND IN PARAGRAPH (4); (E) A LIST OF
CONTAMINANTS THE LEVEL OF WHICH IN DRINKING WATER CANNOT BE DETERMINED
BUT WHICH MAY HAVE AN ADVERSE EFFECT ON THE HEALTH OF PERSONS; AND (F)
RECOMMENDED STUDIES AND TEST PROTOCOLS FOR FUTURE RESEARCH ON THE HEALTH
EFFECTS OF DRINKING WATER CONTAMINANTS, INCLUDING A LIST OF THE MAJOR
RESEARCH PRIORITIES AND ESTIMATED COSTS NECESSAY TO CONDUCT SUCH
PRIORITY RESEARCH.
"(3) IN DEVELOPING ITS PROPOSALS FOR RECOMMENDED MAXIMUM CONTAMINANT
LEVELS UNDER PARAGRAPH (2)(D) THE NATIONAL ACADEMY OF SCIENCES (OR OTHER
ORGANIZATIONS PREPARING THE REPORT) SHALL EVALUATE AND EXPLAIN
(SEPARATELY AND IN COMPOSITE) THE IMPACT OF THE FOLLOWING
CONSIDERATIONS:
"(A) THE EXISTENCE OF GROUPS OR INDIVIDUALS IN THE POPULATION
WHICH ARE MORE SUSCEPTIBLE TO ADVERSE EFFECTS THAN THE NORMAL
HEALTHY ADULT.
"(B) THE EXPOSURE TO CONTAMINANTS IN OTHER MEDIA THAN DRINKING
WATER (INCLUDING EXPOSURES IN FOOD, IN THE AMBIENT AIR, AND IN
OCCUPATIONAL SETTINGS) AND THE RESULTING BODY BURDEN OF
CONTAMINANTS.
"(C) SYNERGISTIC EFFECTS RESULTING FROM EXPOSURE TO OR
INTERACTION BY TWO OR MORE CONTAMINANTS.
"(D) THE CONTAMINANT EXPOSURE AND BODY BURDEN LEVELS WHICH
ALTER PHYSIOLOGICAL FUNCTION OR STRUCTURE IN A MANNER REASONABLY
SUSPECTED OF INCREASING THE RISK OF ILLNESS.
"(4) IN MAKING THE STUDY UNDER THIS SUBSECTION, THE NATIONAL ACADEMY
OF SCIENCES (OR OTHER ORGANIZATION) SHALL COLLECT AND CORRELATE (A)
MORBIDITY AND MORTALITY DATA AND (B) MONITORED DATA ON THE QUALITY OF
DRINKING WATER. ANY CONCLUSIONS BASED ON SUCH CORRELATION SHALL BE
INCLUDED IN THE REPORT OF THE STUDY.
"(5) NEITHER THE REPORT OF THE STUDY UNDER THIS SUBSECTION NOR ANY
DRAFT OF SUCH REPORT SHALL BE SUBMITTED TO THE OFFICE OF NANAGEMENT AND
BUDGET OR TO ANY OTHER FEDERAL AGENCY (OTHER THAN THE EVIRONMENTAL
PROTECTION AGENCY) PRIOR TO ITS SUBMISSION TO CONGRESS.
"(6) OF THE FUNDS AUTHORIZED TO BE APPROPRIATED TO THE ADMINISTRATOR
BY THIS TITLE, SUCH AMOUNTS AS MAY BE REQUIRED SHALL BE AVAILABLE TO
CARRY OUT THE STUDY AND TO MAKE THE REPORT DIRECTED BY PARAGRAPH (2) OF
THIS SUBSECTION.
"STATE PRIMARY ENFORCEMENT RESPONSIBILITY //42 USC 300G-2.//
"SEC. 1413. (A) FOR PURPOSES OF THIS TITLE, A STATE HAS PRIMARY
ENFORCEMENT RESPONSIBILITY FOR PUBLIC WATER SYSTEMS DURING ANY PERIOD
FOR WHICH THE ADMINISTRATOR DETERMINES (PURSUANT TO REGULATIONS
PRESCRIBED UNDER SUBSECTION (B)) THAT SUCH STATE--,
"(1) HAS ADOPTED DRINKING WATER REGULATIONS WHICH (A) IN THE
CASE OF THE PERIOD BEGINNING ON THE DATE THE NATIONAL INTERIM
PRIMARY DRINKING WATER REGULATIONS ARE PROMULGATED UNDER SECTION
1412 AND ENDING ON THE DATE SUCH REGULATIONS TAKE EFFECT ARE NO
LESS STRINGENT THAN SUCH REGULATIONS, AND (B) IN THE CASE OF THE
PERIOD AFTER SUCH EFFECTIVE DATE ARE NO LESS STRINGENT THAN THE
INTERIM AND REVISED NATIONAL PRIMARY DRINKING WATER REGULATIONS IN
EFFECT UNDER SUCH SECTION;
"(2) HAS ADOPTED AND IS IMPLEMENTING ADEQUATE PROCEDURES FOR
THE ENFORCEMENT OF SUCH STATE REGULATIONS, INCLUDING CONDUCTING
SUCH MONITORING AND MAKING SUCH INSPECTIONS AS THE ADMINISTRATOR
MAY REQUIRE BY REGULATION;
"(3) WILL KEEP SUCH RECORDS AND MAKE SUCH REPORTS WITH RESPECT
TO ITS ACTIVITIES UNDER PARAGRAPHS (1) AND (2) AS THE
ADMINISTRATOR MAY REQUIRE BY REGULATION;
"(4) IF IT PERMITS VARIANCES OR EXEMPTIONS, OR BOTH, FROM THE
REQUIREMENTS OF ITS DRINKING WATER REGULATIONS WHICH MEET THE
REQUIREMENTS OF PARAGRAPH (1), PERMITS SUCH VARIANCES AND
EXEMPTIONS UNDER CONDITIONS AND IN A MANNER WHICH IS NOT LESS
STRINGENT THAN THE CONDITIONS UNDER, AND THE MANNER IN, WHICH
VARIANCES AND EXEMPTIONS MAY BE GRANTED UNDER SECTIONS 1415 AND
1416; AND
"(5) HAS ADOPTED AND CAN IMPLEMENT AND ADEQUATE PLAN FOR THE
PROVISION OF SAFE DRINKING WATER UNDER EMERGENCY CIRCUMSTANCES.
"(B)(1) THE ADMINISTRATOR SHALL, BY REGULATION (PROPOSED WITHIN 180
DAYS OF THE DATE OF THE ENACTMENT OF THIS TITLE), PRESCRIBE THE MANNER
IN WHICH A STATE MAY APPLY TO THE ADMINISTRATOR FOR A DETERMINATION THAT
THE REQUIREMENTS OF PARAGRAPHS (1), (2), (3), AND (4) OF SUBSECTION (A)
ARE SATISFIED WITH RESPECT TO THE STATE, THE MANNER IN WHICH THE
DETERMINATION IS MADE, THE PERIOD FOR WHICH THE DETERMINATION WILL BE
EFFECTIVE, AND THE MANNER IN WHICH THE ADMINISTRATOR MAY DETERMINE THAT
SUCH REQUIREMENTS ARE NO LONGER MET. SUCH REGULATIONS SHALL REQUIRE
THAT BEFORE A DETERMINATION OF THE ADMINISTRATOR THAT SUCH REQUIREMENTS
ARE MET OR ARE NO LONGER MET WITH RESPECT TO A STATE MAY BECOME
EFFECTIVE, THE ADMINISTRATOR SHALL NOTIFY SUCH STATE OF THE
DETERMINATION AND THE REASONS THEREFOR AND SHALL PROVIDE AN OPPORTUNITY
FOR PUBLIC HEARING ON THE DETERMINATION. SUCH REGULATIONS SHALL BE
PROMULGATED (WITH SUCH MODIFICATIONS AS THE ADMINISTRATOR DEEMS
APPROPRIATE) WITHIN 90 DAYS OF THE PUBLICATION OF THE PROPOSED
REGULATIONS IN THE FEDERAL REGISTER. THE ADMINISTRATOR SHALL PROMPTLY
NOTIFY IN WRITING THE CHIEF EXECUTIVE OFFICER OF EACH STATE OF THE
PROMULGATION OF REGULATIONS UNDER THIS PARAGRAPH. SUCH NOTICE SHALL
CONTAIN A COPY OF THE REGULATIONS AND SHALL SPECIFY A STATE'S AUTHORITY
UNDER THIS TITLE WHEN IT IS DETERMINED TO HAVE PRIMARY ENFORCEMENT
RESPONSIBILITY FOR PUBLIC WATER SYSTEMS.
"(2) WHEN AN APPLICATION IS SUBMITTED IN ACCORDANCE WITH THE
ADMINISTRATOR'S REGULATIONS UNDER PARAGRAPH (1), THE ADMINISTRATOR SHALL
WITHIN 90 DAYS OF THE DATE ON WHICH SUCH APPLICATION IS SUBMITTED (A)
MAKE THE DETERMINATION APPLIED FOR, OR (B) DENY THE APPLICATION AND
NOTIFY THE APPLICANT IN WRITING OF THE REASONS FOR HIS DENIAL.
"FAILURE BY STATE TO ASSURE ENFORCEMENT OF DRINKING WATER
REGULATIONS //42 USC 300G-3.//
"SEC. 1414. (A)(1)(A) WHENEVER THE ADMINISTRATOR FINDS DURING A
PERIOD DURING WHICH A STATE HAS PRIMARY ENFORCEMENT RESPONSIBILITY FOR
PUBLIC WATER SYSTEMS (WITHIN THE MEANING OF SECTION 1413(A)) THAT ANY
PUBLIC WATER SYSTEM--,
"(I) FOR WHICH A VARIANCE UNDER SECTION 1415 OR AN EXEMPTION
UNDER SECTION 1416 IS NOT IN EFFECT, DOES NOT COMPLY WITH ANY
NATIONAL PRIMARY DRINKING WATER REGULATION IN EFFECT UNDER SECTION
1412, OR
"(II) FOR WHICH A VARIANCE UNDER SECTION 1415 OR AN EXEMPTION
UNDER SECTION 1416 IS IN EFFECT, DOES NOT COMPLY WITH ANY SCHEDULE
OR OTHER REQUIREMENT IMPOSED PURSUANT THERETO,
HE SHALL SO NOTIFY THE STATE AND PROVIDE SUCH ADVICE AND TECHNICAL
ASSISTANCE TO SUCH STATE AND PUBLIC WATER SYSTEM AS MAY BE APPROPRIATE
TO BRING THE SYSTEM INTO COMPLIANCE WITH SUCH REGULATION OR REQUIREMENT
BY THE EARLIEST FEASIBLE TIME.
"(B) IF THE ADMINISTRATOR FINDS SUCH FAILURE TO COMPLY EXTENDS BEYOND
THE THIRTIETH DAY AFTER THE DATE OF THE NOTICE GIVEN PURSUANT TO
SUBPARAGRAPH (A), HE SHALL GIVE PUBLIC NOTICE OF SUCH FINDING AND
REQUEST THE STATE TO REPORT WITHIN FIFTEEN DAYS FROM THE DATE OF SUCH
PUBLIC NOTICE AS TO THE STEPS BEING TAKEN TO BRING THE SYSTEM INTO
COMPLIANCE (INCLUDING REASONS FOR ANTICIPATED STEPS TO BE TAKEN TO BRING
THE SYSTEM INTO COMPLIANCE AND FOR ANY FAILURE TO TAKE STEPS TO BRING
THE SYSTEM INTO COMPLIANCE). IF--,
"(I) SUCH FAILURE TO COMPLY EXTENDS BEYOND THE SIXIETH DAY
AFTER THE DATE OF THE NOTICE GIVEN PURSUANT TO SUBPARAGRAPH (A):
"(II)(A) THE STATE FAILS TO SUBMIT THE REPORT REQUESTED BY THE
ADMINISTRATOR WITHIN THE TIME PERIOD PRESCRIBED BY THE PRECEDING
SENTENCE; OR
"(B) THE STATE SUBMITS SUCH REPORT WITHIN SUCH PERIOD BUT THE
ADMINISTRATOR, AFTER CONSIDERING THE REPORT, DETERMINES THAT THE
STATE ABUSED ITS DISCRETION IN CARRYING OUT PRIMARY ENFORCEMENT
RESPONSIBILITY FOR PUBLIC WATER SYSTEMS BY BOTH--,
"(I) FAILING TO IMPLEMENT BY SUCH SIXTIETH DAY ADEQUATE
PROCEDURES TO BRING THE SYSTEM INTO COMPLIANCE BY THE EARLIEST
FEASIBLE TIME, AND
"(II) FAILING TO ASSURE BY SUCH DAY THE PROVISION THROUGH
ALTERNATIVE MEANS OF SAFE DRINKING WATER BY THE EARLIEST FEASIBLE
TIME;
THE ADMINISTRATOR MAY COMMENCE A CIVIL ACTION UNDER SUBSECTION (B).
"(2) WHENEVER, ON THE BASIS OF INFORMATION AVAILABLE TO HIM, THE
ADMINISTRATOR FINDS DURING A PERIOD DURING WHICH A STATE DOES NOT HAVE
PRIMARY ENFORCEMENT RESPONSIBILITY FOR PUBLIC WATER SYSTEMS THAT A
PUBLIC WATER SYSTEM IN SUCH STATE--,
"(A) FOR WHICH A VARIANCE UNDER SECTION 1415(A)(2) OR AN
EXEMPTION UNDER SECTION 1416(F) IS NOT IN EFFECT, DOES NOT COMPLY
WITH ANY NATIONAL PRIMARY DRINKING WATER REGULATION IN EFFECT
UNDER SECTION 1412, OR
"(B) FOR WHICH A VARIANCE UNDER SECTION 1415(A)(2) OR AN
EXEMPTION UNDER SECTION 1416(F) IS IN EFFECT, DOES NOT COMPLY WITH
ANY SCHEDULE OR OTHER REQUIREMENT IMPOSED PURSUANT THERETO, HE MAY
COMMENCE A CIVIL ACTION UNDER SUBSECTION (B).
"(B) THE ADMINISTRATOR MAY BRING A CIVIL ACTION IN THE APPROPRIATE
UNITED STATES DISTRICT COURT TO REQUIRE COMPLIANCE WITH A NATIONAL
PRIMARY DRINKING WATER REGULATION OR WITH ANY SCHEDULE OR OTHER
REQUIREMENT IMPOSED PURSUANT TO A VARIANCE OR EXEMPTION GRANTED UNDER
SECTION 1415 OR 1416 IF--,
"(1) AUTHORIZED UNDER PARAGRAPH (1) OR (2) OF SUBSECTION (A),
OR
"(2) IF REQUESTED BY (A) THE CHIEF EXECUTIVE OFFICER OF THE
STATE IN WHICH IS LOCATED THE PUBLIC WATER SYSTEM WHICH IS NOT IN
COMPLIANCE WITH SUCH REGULATION OR REQUIREMENT, OR (B) THE AGENCY
OF SUCH STATE WHICH HAS JURISDICTION OVER COMPLIANCE BY PUBLIC
WATER SYSTEMS IN THE STATE WITH NATIONAL PRIMARY DRINKING WATER
REGULATIONS OR STATE DRINKING WATER REGULATIONS.
THE COURT MAY ENTER, IN AN ACTION BROUGHT UNDER THIS SUBSECTION, SUCH
JUDGMENT AS PROTECTION OF PUBLIC HEALTH MAY REQUIRE, TAKING INTO
CONSIDERATION THE TIME NECESSARY TO COMPLY AND THE AVAILABILITY OF
ALTERNATIVE WATER SUPPLIES; AND, IF THE COURT DETERMINES THAT THERE HAS
BEEN A WILLFUL VIOLATION OF THE REGULATION OR SCHEDULE OR OTHER
REQUIREMENT WITH RESPECT TO WHICH THE ACTION WAS BROUGHT, THE COURT MAY,
TAKING INTO ACCOUNT THE SERIOUSNESS OF THE VIOLATION, THE POPULATION AT
RISK, AND OTHER APPROPRIATE FACTORS, IMPOSE ON THE VIOLATOR A CIVIL
PENALTY OF NOT TO EXCEED $5,000 FOR EACH DAY IN WHICH SUCH VIOLATION
OCCURS.
"(C) EACH OWNER OR OPERATOR OF A PUBLIC WATER SYSTEM SHALL GIVE
NOTICE TO THE PERSONS SERVED BY IT--,
"(1) OF ANY FAILURE ON THE PART OF THE PUBLIC WATER SYSTEM
TO--,
"(A) COMPLY WITH AN APPLICABLE MAXIMUM CONTAMINANT LEVEL OR
TREATMENT TECHNIQUE REQUIREMENT OF, OR A TESTING PROCEDURE
PRESCRIBED BY, A NATIONAL PRIMARY DRINKING WATER REGULATION, OR
"(B) PERFORM MONITORING REQUIRED BY SECTION 1445(A), AND "(2)
IF THE PUBLIC WATER SYSTEM IS SUBJECT TO A VARIANCE GRANTED UNDER
SECTION 1415(A)(1)(A) OR 1415(A)(2) FOR AN INABILITY TO MEET A
MAXIMUM CONTAMINANT LEVEL REQUIREMENT OR IS SUBJECT TO AN
EXEMPTION GRANTED UNDER SECTION 1416, OF--,
"(A) THE EXISTENCEOF SUCH VARIANCE OR EXEMPTION, AND
"(B) ANY FAILURE TO COMPLY WITH THE REQUIREMENTS OF ANY
SCHEDULRE PRESCIIBED PURSUANT TO THE VARIANCE OR EXEMPTION.
THE ADMINISTRATOR SHALL BY REGULATION PRESCRIBE THE FORM AND MANNER FOR
GIVING SUCH NOTICE. SUCH NOTICE SHALL BE GIVEN NOT LESS THAN ONCE EVERY
3 MONTHS, SHALL BE GIVEN BY PUBLICATION IN A NEWSPAPER OF GENERAL
CIRCULATION SERVING THE AREA SERVED BY EACH SUCH WATER SYSTEM (AS
DETERMINED BY THE ADMINISTRATOR), SHALL BE FURNISHED TO THE OTHER
COMMUNICATIONS MEDIA SERVING SUCH AREA, AND SHALL BE FURNESHED TO THE
COMMUNICATIONS MEDIA AS SOON AS PRACTICABLE AFTER THE DISCOVERY OF THE
VIOLATION WITH RESPECT TO WHICH THE NOTICE IS REQUIRED. IF THE WATER
BILLS OF A PUBLIC WATER SYSTEM ARE ISSUED MORE OFTEN THAN ONCE EVERY 3
MONTHS, SUCH NOTICE SHALL BE INCLUDED IN AT LEAST ONE WATER BILL OF THE
SYSTEM EVERY 3 MONTHS, AND IF A PUBLIC WATER SYSTEM ISSUES ITS WATER
BILL LESS OFTEN THAN ONCE EVERY 3 MONTHS, SUCH NOTICE SHALL BE INCLUDED
IN EACH OF THE WATER BILLS ISSUED BY THE SYSTEM. ANY PERSON WHO
WILLFULLY VIOLATES THIS SUBSECTION OR REGULATIONS THEREUNDER SHALL BE
FINED NOT MORE THAN $5,000.
"(D) WHENEVER, ON THE BASIS OF INFORMATION AVAILABLE TO HIM, THE
ADMINISTRATOR FINDS THAT WITHIN A REASONABLE TIME AFTER NATIONAL
SECONDARY DRINKING WATER REGULATIONS HAVE BEEN PROMULGATED, ONE OR MORE
PUBLIC WATER SYSTEMS IN A STATE DO NOT COMPLY WITH SUCH SECONDARY
REGULATIONS, AND THAT SUCH NONCOMPLIANCE APPEARS TO RESULT FROM A
FAILURE OF SUCH STATE TO TAKE REASONABLE ACTION TO ASSURE THAT PUBLIC
WATER SYSTEMS THROUGHOUT SUCH STATE MEET SUCH SECONDARY REGULATIONS, HE
SHALL SO NOTIFY THE STATE.
"(E) NOTHING IN THIS TITLE SHALL DIMINISH ANY AUTHORITY OF A STATE OR
POLITICAL SUBDIVISION TO ADOPT OR ENFORCE ANY LAW OR REGULATION
RESPECTING DRINKING WATER REGULATIONS OR PUBLIC WATER SYSTEMS, BUT NO
SUCH LAW OR REGULATION SHALL RELIEVE ANY PERSON OF ANY REQUIREMENT
OTHERWISE APPLICABLE UNDER THIS TITLE.
"(F) IF THE ADMINISTRATOR MAKES A FINDING OF NONCOMPLIANCE (DESCRIBED
IN SUBPARAGRAPH (A) OR (B) OF SUBSECTION (A)(1)) WITH RESPECT TO A
PUBLIC WATER SYSTEM IN A STATE WHICH HAS PRIMARY ENFORCEMENT
RESPONSIBILITY, THE ADMINISTRATOR MAY, FOR THE PURPOSE OF ASSISTING THAT
STATE IN CARRYING OUT SUCH RESPONSIBILITY AND UPON THE PETITION OF SUCH
STATE OR PUBLIC WATER SYSTEM OR PERSONS SERVED BY SUCH SYSTEM, HOLD,
AFTER APPROPRIATE NOTICE, PUBLIC HEARINGS FOR THE PURPOSE OF GATHERING
INFORMATION FROM TECHNICAL OR OTHER EXPERTS, FEDERAL, STATE OR OTHER
PUBLIC OFFICIALS, REPRESENTATIVES OF SUCH PUBLIC WATER SYSTEM, PERSONS
SERVED BY SUCH SYSTEM, AND OTHER INTERESTED PERSONS ON--,
"(1) THE WAYS IN WHICH SUCH SYSTEM CAN WITHIN THE EARLIEST
FEASIBLE TIME BE BROUGHT INTO COMPLIANCE WITH THE REGULATION OR
REQUIREMENT WITH RESPECT TO WHICH SUCH FINDING WAS MADE, AND
"(2) THE MEANS FOR THE MAXIMUM FEASIBLE PROTECTION OF THE
PUBLIC HEALTH DURING ANY PERIOD IN WHICH SUCH SYSTEM IS NOT IN
COMPLIANCE WITH A NATIONAL PRIMARY DRINKING WATER REGULATION OR
REQUIREMENT APPLICABLE TO A VARIANCE OR EXEMPTION.
ON THE BASIS OF SUCH HEARINGS THE ADMINISTRATOR SHALL ISSUE
RECOMMENDATIONS WHICH SHALL BE SENT TO SUCH STATE AND PUBLIC WATER
SYSTEM AND SHALL BE MADE AVAILABLE TO THE PUBLIC AND COMMUNICATIONS
MEDIA.
"VARIANCES //42 USC 300G-4.//
"SEC. 1415. (A) NOTWITHSTANDING ANY OTHER PROVISION OF THIS PART,
VARIANCES FROM NATIONAL PRIMARY DRINKING WATER REGULATIONS MAY BE
GRANTED AS FOLLOWS:
"(1)(A) A STATE WHICH HAS PRIMARY ENFORCEMENT RESPONSIBILITY
FOR PUBLIC WATER SYSTEMS MAY GRANT ONE OR MORE VARIANCES FROM AN
APPLICABLE NATIONAL PRIMARY DRINKING WATER REGULATION TO ONE OR
MORE PUBLIC WATER SYSTEMS WITHIN ITS JURISDICTION WHICH, BECAUSE
OF CHARACTERISTICS OF THE RAW WATER SOURCES WHICH ARE REASONABLY
AVAILABLE TO THE SYSTEMS, CANNOT MEET THE REQUIREMENTS RESPECTING
THE MAXIMUM CONTAMINANT LEVELS OF SUCH DRINKING WATER REGULATION
DESPITE APPLICATION OF THE BEST TECHNOLOGY, TREATMENT TECHNIQUES,
OR OTHER MEANS, WHICH THE ADMINISTRATOR FINDS ARE GENERALLY
AVAILABLE (TAKING COSTS INTO CONSIDERATION). BEFORE A STATE MAY
GRANT A VARIANCE UNDER THIS SUBPARAGRAPH, THE STATE MUST FIND THAT
THE VARIANCE WILL NOT RESULT IN AN UNREASONABLE RISK TO HEALTH.
IF A STATE GRANTS A PUBLIC WATER SYSTEM A VARIANCE UNDER THIS
SUBPARAGRAPH, THE STATE SHALL PRESCRIBE WITHIN ONE YEAR OF THE
DATE THE VARIANCE IS GRANTED, A SCHEDULE FOR--,
"(I) COMPLIANCE (INCLUDING INCREMENTS OF PROGRESS) BY THE
PUBLIC WATER SYSTEM WITH EACH CONTAMINANT LEVEL REQUIREMENT WITH
RESPECT TO WHICH THE VARIANCE WAS GRANTED, AND
"(II) IMPLEMENTATION BY THE PUBLIC WATER SYSTEM OF SUCH CONTROL
MEASURES AS THE STATE MAY REQUIRE FOR EACH CONTAMINANT, SUBJECT TO
SUCH CONTAMINANT LEVEL REQUIEMENT, DURING THE PERIOD ENDING ON THE
DATE COMPLIANCE WITH SUCH
REQUIREMENT IS REQIRED. BEFORE A SCHEDULE PRESCRIBED BY A
STATE PURSUANT TO THIS SUBPARAGRAPH MAY TAKE EFFECT, THE STATE
SHALL PROVIDE NOTICE AND OPPORTUNITY FOR A PUBLIC HEARING ON THE
SCHEDULE. A NOTICE GIVEN PURSUANT TO THE PRECEDING SENTENCE MAY
COVER THE PRESCRIBING OF MORE THAN ONE SUCH SCHEDULE AND A HEARING
HELD PURSUANT TO SUCH NOTICE SHALL INCLUDE EACH OF THE SCHEDULES
COVERED BY THE NOTICE. A SCHEDULE PRESCRIBED PURSUANT TO THIS
SUBPARAGRAPH FOR A PUBLIC WATER SYSTEM GRANTED A VARIANCE SHALL
REQUIRE COMPLIANCE BY THE SYSTEM WITH EACH CONTAMINANT LEVEL
REQUIREMENT WITH RESPECT TO WHICH THE VARIANCE WAS GRANTED AS
EXPEDITIOUSLY AS PRACTICABLE (AS THE STATE MAY REASONABLY
DETERMINE).
"(B) A STATE WHICH HAS PRIMARY ENFORCEMENT RESPONSIBILITY FOR
PUBLIC WATER SYSTEMS MAY GRANT TO ONE OR MORE PUBLIC WATER SYSTEMS
WITHIN ITS JURISDICTION ONE OR MORE VARIANCES FROM ANY PROVISION
OF A NATIONAL PRIMARY DRINKING WATER REGULATION WHICH REQUIRES THE
USE OF A SPECIFIED TREATMENT TECHNIQUE WITH RESPECT TO A
CONTAMINANT IF THE PUBLIC WATER SYSTEM APPLYING FOR THE VARIANCE
DEMONSTRATES TO THE SATISFACTION OF THE STATE THAT SUCH TREATMENT
TECHNIQUE IS NOT NECESSARY TO PROTECT THE HEALTH OF PERSONS
BECAUSE OF THE NATURE OF THE RAW WATER SOURCE OF SUCH SYSTEM. A
VARIANCE GRANTED UNDER THIS SUBPARAGRAPH SHALL BE CONDITIONED ON
SUCH MONITORING AND OTHER REQUIREMENTS AS THE ADMINISTRATOR MAY
PRESCRIBE.
"(C) BEFORE A VARIANCE PROPOSED TO BE GRANTED BY A STATE UNDER
SUBPARAGRAPH (A) OR (B) MAY TAKE EFFECT, SUCH STATE SHALL PROVIDE
NOTICE AND OPPORTUNITY FOR PUBLIC HEARING ON THE PROPOSED
VARIANCE. A NOTICE GIVEN PURSUANT TO THE PRECEDING SENTENCE MAY
COVER THE GRANTING OF MORE THAN ONE VARIANCE AND A HEARING HELD
PURSUANT TO SUCH NOTICE SHALL INCLUDE EACH OF THE VARIANCES
COVERED BY THE NOTICE. THE STATE SHALL PROMPTLY NOTIFY THE
ADMINISTRATOR OF ALL VARIANCES GRANTED BY IT. SUCH NOTIFICATION
SHALL CONTAIN THE REASON FOR THE VARIANCE (AND IN THE CASE OF A
VARIANCE UNDER SUBPARAGRAPH (A), THE BASIS FOR THE FINDING
REQUIRED BY THAT SUBPARAGRAPH BEFORE THE GRANTING OF THE VARIANCE)
AND DOCUMENTATION OF THE NEED FOR THE VARIANCE.
"(D) EACH PUBLIC WATER SYSTEM'S VARIANCE GRANTED BY A STATE
UNDER SUBPARAGRAPH (A) SHALL BE CONDITIONED BY THE STATE UPON
COMPLIANCE BY THE PUBLIC WATER SYSTEM WITH THE SCHEDULE PRESCRIBED
BY THE STATE PURSUANT TO THAT SUBPARAGRAPH. THE REQUIREMENTS OF
EACH SCHEDULE PRESCRIBED BY A STATE PURSUANT TO THAT SUBPARAGRAPH
SHALL BE ENFORCEABLE BY THE STATE UNDER ITS LAWS. ANY REQUIREMENT
OF A SCHEDULE ON WHICH A VARIANCE GRANTED UNDER THAT SUBPARAGRAPH
IS CONDITIONED MAY BE ENFORCED UNDER SECTION 1414 AS IF SUCH
REQUIREMENT WAS PART OF A NATIONAL PRIMARY DRINKING WATER
REGULATION.
"(E) EACH SCHEDULE PRESCRIBED BY A STATE PURSUANT TO
SUBPARAGRAPH (A) SHALL BE DEEMED APPROVED BY THE ADMINISTRATOR
UNLESS THE VARIANCE FOR WHICH IT WAS PRESCRIBED IS REVOKED BY THE
ADMINISTRATOR UNDER SUBPARAGRAPH (G) OR THE SCHEDULE IS REVISED BY
THE ADMINISTRATOR UNDER SUCH SUBPARAGRAPH.
"(F) NOT LATER THAN 18 MONTHS AFTER THE EFFECTIVE DATE OF THE
INTERIM NATIONAL PRIMARY DRINKING WATER REGULATIONS THE
ADMINISTRATOR SHALL COMPLETE A COMPREHENSIVE REVIEW OF THE
VARIANCES GRANTED UNDER SUBPARAGRAPH (A) (AND SCHEDULES PRESCRIBED
PURSUANT THERETO) AND UNDER SUBPARAGRAPH (B) BY THE STATES DURING
THE ONE-YEAR PERIOD BEGINNING ON SUCH EFFECTIVE DATE. THE
ADMINISTRATOR SHALL CONDUCT SUCH SUBSEQUENT REVIEWS OF VARIANCES
AND SCHEDULES AS HE DEEMS NECESSARY TO CARRY OUT THE PURPOSES OF
THIS TITLE, BUT EACH SUBSEQUENT REVIEW SHALL BE COMPLETED WITHIN
EACH 3-YEAR PERIOD FOLLOWING THE COMPLETION OF THE FIRST REVIEW
UNDER THIS SUBPARAGRAPH. BEFORE CONDUCTING ANY REVIEW UNDER THIS
SUBPARAGRAPH, THE ADMINISTRATOR SHALL PUBLISH NOTICE OF THE
PROPOSED REVIEW IN THE FEDERAL REGISTER. SUCH NOTICE SHALL (I)
PROVIDE INFORMATION RESPECTING THE LOCATION OF DATA AND OTHER
INFORMATION RESPECTING THE VARIANCES TO BE REVIEWED (INCLUDING
DATA AND OTHER INFORMATION CONCERNING NEW SCIENFIFIC MATTERS
BEARING ON SUCH VARIANCES), AND (II) ADVISE OF THE OPPORTUNITY TO
SUBMIT COMMENTS ON THE VARIANCES TO BE REVIEWED AND ON THE NEED
FOR CONTINUING THEM. UPON COMPLETION OF ANY SUCH REVIEW, THE
ADMINISTRATOR SHALL PUBLISH IN THE FEDERAL REGISTER THE RESULTS OF
HIS REVIEW TOGETHER WITH FINDINGS RESPONSIVE TO COMMENTS SUBMITTED
IN CONNECTION WITH SUCH REVIEW.
"(G)(I) IF THE ADMINISTRATOR FINDS THAT A STATE HAS, IN A
SUBSTANTIAL NUMBER OF INSTANCES, ABUSED ITS DISCRETION IN GRANTING
VARIANCES UNDER SUBPARAGRAPH (A) OR (B) OR THAT IN A SUBSTANTIAL
NUMBER OF CASES THE STATE HAS FAILED TO PRESCRIBE SCHEDULES IN
ACCORDANCE WITH SUBPARAGRAPH (A), THE ADMINISTRATOR SHALL NOTIFY
THE STATE OF HIS FINDINGS. IN DETERMINING IF A STATE HAS ABUSED
ITS DISCRETION IN GRANTING VARIANCES IN A SUBSTANTIAL NUMBER OF
INSTANCES, THE ADMINISTRATOR SHALL CONSIDER THE NUMBER OF PERSONS
WHO ARE AFFECTED BY THE VARIANCES AND IF THE REQUIREMENTS
APPLICABLE TO THE GRANTING OF THE VARIANCES WERE COMPLIED WITH. A
NOTICE UNDER THIS CLAUSE SHALL--,
"(I) IDENTIFY EACH PUBLIC WATER SYSTEM WITH RESPECT TO WHICH
THE FINDING WAS MADE,
"(II) SPECIFY THE REASONS FOR THE FINDING, AND
"(III) AS APPROPRIATE, PROPOSE REVOCATIONS OF SPECIFIC
VARIANCES OR PROPOSE REVISED SCHEDULES OR OTHER REQUIREMENTS FOR
SPECIFIC PUBLIC WATER SYSTEMS GRANTED VARIANCES, OR BOTH.
"(II) THE ADMINISTRATOR SHALL PROVIDE REASONABLE NOTICE AND
PUBLIC HEARING ON THE PROVISIONS OF EACH NOTICE GIVEN PURSUANT TO
CLAUSE (I) OF THIS SUBPARAGRAPH. AFTER A HEARING ON A NOTICE
PURSUANT TO SUCH CLAUSE, THE ADMINISTRATOR SHALL (I) RESCIND THE
FINDING FOR WHICH THE NOTICE WAS GIVEN AND PROMPTLY NOTIFY THE
STATE OF SUCH RECISSION, OR (II) PROMULGATE (WITH SUCH
MODIFICATIONS AS HE DEEMS APPROPRIATE) SUCH VARIANCE REVOCATIONS
AND REVISED SCHEDULES OR OTHER REQUIREMENTS PROPOSED IN SUCH
NOTICES AS HE DEEMS APPROPRIATE. NOT LATER THAN 180 DAYS AFTER
THE DATE A NOTICE IS GIVEN PURSUANT TO CLAUSE (I) OF THIS
SUBPARAGRAPH, THE ADMINISTRATOR SHALL COMPLETE THE HEARING ON THE
NOTICE AND TAKE THE ACTION REQUIRED BY THE PRECEDING SENTENCE.
"(III) IF A STATE IS NOTIFIED UNDER CLAUSE (I) OF THIS
SUBPARAGRAPH OF A FINDING OF THE ADMINISTRATOR MADE WITH RESPECT
TO A VARIANCE GRANTED A PUBLIC WATER SYSTEM WITHIN THAT STATE OR
TO A SCHEDULE OR OTHER REQUIREMENT FOR A VARIANCE AND IF, BEFORE A
REVOCATION OF SUCH VARIANCE OR A REVISION OF SUCH SCHEDULE OR
OTHER REQUIREMENT PROMULGATED BY THE ADMINISTRATOR TAKES EFFECT,
THE STATE TAKES CORRECTIVE ACTION WITH RESPECT TO SUCH VARIANCE OR
SCHEDULE OR OTHER REQUIREMENT WHICH THE ADMINISTRATOR DETERMINES
MAKES HIS FINDING INAPPLICABLE TO SUCH VARIANCE OR SCHEDULE OR
OTHER REQUIREMENT, THE ADMINISTRATOR SHALL RESCIND THE APPLICATION
IN HIS FINDING TO THAT VARIANCE OR SCHEDULE OR OTHER REQUIREMENT.
NO VARIANCE REVOCATION OR REVISED SCHEDULE OR OTHER REQUIREMENT
MAY TAKE EFFECT BEFORE THE EXPIRATION OF 90 DAYS FOLLOWING THE
DATE OF THE NOTICE IN WHICH THE REVOCATION OR REVISED SCHEDULE OR
OTHER REQUIREMENT WAS PROPOSED.
"(2) IF A STATE DOES NOT HAVE PRIMARY ENFORCEMENT
RESPONSIBILITY FOR PUBLIC WATER SYSTEMS, THE ADMINISTRATOR SHALL
HAVE THE SAME AUTHORITY TO GRANT VARIANCES IN SUCH STATE AS THE
STATE WOULD HAVE UNDER PARAGRAPH (1) IF IT HAD PRIMARY ENFORCEMENT
RESPONSIBILITY.
"(3) THE ADMINISTRATOR MAY GRANT A VARIANCE FROM ANY TREATMENT
TECHNIQUE REQUIREMENT OF A NATIONAL PRIMARY DRINKING WATER
REGULATION UPON A SHOWING BY ANY PERSON THAT AN ALTERNATIVE
TREATMENT TECHNIQUE NOT INCLUDED IN SUCH REQUIREMENT IS AT LEAST
AS EFFICIENT IN LOWERING THE LEVEL OF THE CONTAMINANT WITH RESPECT
TO WHICH SUCH REQIREMENT WAS PRESCRIBED. A VARIANCE UNDER THIS
PARAGRAPH SHALL BE CONDITIONED ON THE USE OF THE ALTERNATIVE
TREATMENT TECHNIQUE WHICH IS THE BASIS OF THE VARIANCE.
"(B) ANY SCHEDULE OR OTHER REQIREMENT ON WHICH A VARIANCE GRANTED
UNDER PARAGRAPH (1)(B) OR (2) OF SUBSECTION (A) IS CONDITIONED MAY BE
ENFORCED UNDER SECTION 1414 AS IF SUCH SCHEDULE OR OTHER REQUIREMENT WAS
PART OF A NATIONAL PRIMARY DRINKING WATER REGULATION.
"(C) IF AN APPLICATION FOR A VARIANCE UNDER SUBSECTION (A) IS MADE,
THE STATE RECEIVING THE APPLICATION OR THE ADMINISTRATOR, AS THE CASE
MAY BE, SHALL ACT UPON SUCH APPLICATION WITHIN A REASONABLE PERIOD (AS
DETERMINED UNDER REGULATIONS PRESCRIBED BY THE ADMINISTRATOR) AFTER THE
DATE OF ITS SUBMISSION.
"(D) FOR PURPOSES OF THIS SECTION, THE TERM 'TREATMENT TECHNIQUE
REQUIREMENT' MEANS A REQUIREMENT IN A NATIONAL PRIMARY DRINKING WATER
REGULATION WHICH SPECIFIES FOR A CONTAMINANT (IN ACCORDANCE WITH SECTION
1401(1)(C)(II)) EACH TREATMENT TECHNIQUE KNOWN TO THE ADMINISTRATOR
WHICH LEADS TO A REDUCTION IN THE LEVEL OF SUCH CONTAMINANT SUFFICIENT
TO SATISFY THE REQUIREMENTS OF SECTION 1412 (B)( 3).
"EXEMPTIONS //42 USC 300G-5.//
"SEC. 1416. (A) A STATE WHICH HAS PRIMARY ENFORCEMENT RESPONSIBILITY
MAY EXEMPT ANY PUBLIC WATER SYSTEM WITHIN THE STATE'S JURISDICTION FROM
ANY REQUIREMENT RESPECTING A MAXIMUM CONTAMINANT LEVEL OR ANY TREATMENT
TECHNIQUE REQUIREMENT, OR FROM BOTH, OF AN APPLICABLE NATIONAL PRIMARY
DRINKING WATER REGULATION UPON A FINDING THAT--,
"(1) DUE TO COMPELLING FACTORS (WHICH MAY INCLUDE ECONOMIC
FACTORS), THE PUBLIC WATER SYSTEM IS UNABLE TO COMPLY WITH SUCH
CONTAMINANT LEVEL OR TREATMENT TECHNIQUE REQUIREMENT.
"(2) THE PUBLIC WATER SYSTEM WAS IN OPERATION ON THE EFFECTIVE
DATE OF SUCH CONTAMINANT LEVEL OR TREATMENT TECHNIQUE REQUIREMENT,
AND
"(3) THE GRANTING OF THE EXEMPTION WILL NOT RESULT IN AN
UNREASONABLE RISK TO HEALTH.
"(B)(1) IF A STATE GRANTS A PUBLIC WATER SYSTEM AN EXEMPTION UNDER
SUBSECTION (A), THE STATE SHALL PRESCRIBE, WITHIN ONE YEAR OF THE DATE
THE EXEMPTION IS GRNATED, A SCHEDULE FOR--,
"(A) COMPLIANCE (INCLUDING INCREMENTS OF PROGRESS) BY THE
PUBLIC WATER SYSTEM WITH EACH CONTAINMENT LEVEL REQUIREMENT AND
TREATMENT TECHNIQUE REQUIREMENT WITH RESPECT TO WHICH THE
EXEMPTION WAS GRANTED, AND
"(B) IMPLEMENTATION BY THE PUBLIC WATER SYSTEM OF SUCH CONTROL
MEASURES AS THE STATE MAY REQUIRE FOR EACH CONTAINMENT, SUBJECT TO
SUCH CONTAMINANT LEVEL REQUIREMENT OR TREATMENT TECHNIQUE
REQUIREMENT, DURING THE PERIOD ENDING ON THE DATE COMPLIANCE WITH
SUCH REQUIREMENT IS REQUIRE.
BEFORE A SCHEDULE PRESCRIBED BY A STATE PURSUANT TO THIS SUBSECTION MAY
TAKE EFFECT, THE STATE SHALL PROVIDE NOTICE AND OPPORTUNITY FOR A PUBLIC
HEARING ON THE SCHEDULE. A NOTICE GIVEN PURSUANT TO THE PRECEDING
SENTENCE MAY COVER THE PRESCRIBING OF MORE THAN ONE SUCH SCHEDULE AND A
HEARING HELD PURSUANT TO SUCH NOTICE SHALL INCLUDE EACH OF THE SCHEDULES
COVERED BY THE NOTICE.
"(2)(A) A SCHEDULE PRESCRIBED PURSUANT TO THIS SUBSECTION FOR A
PUBLIC WATER SYSTEM GRANTED AN EXEMPTION UNDER SUBSECTION (A) SHALL
REQUIRE COMPLIANCE BY THE SYSTEM WITH EACH CONTAMINANT LEVEL AND
TREATMENT TECHNIQUE REQUIREMENT WITH RESPECT TO WHICH THE EXEMPTION WAS
GRANTED AS EXPEDITIOUSLY AS PRACTICABLE (AS THE STATE MAY REASONABLY
DETERMINE) BUT (EXCEPT AS PROVIDED IN SUBPARAGRAPH (B))--,
"(I) IN THE CASE OF AN EXEMPTION GRANTED WITH RESPECT TO A
CONTAMINANT LEVEL OR TREATMENT TECHNIQUE REQUIREMENT PRESCRIBED BY
THE INTERIM NATIONAL PRIMARY DRINKING WATER REGULATIONS
PROMULGATED UNDER SECTION 1412(A), NOT LATER THAN JANUARY 1, 1981;
AND
"(II) IN THE CASE OF AN EXEMPTION GRANTED WITH RESPECT TO A
CONTAMINANT LEVEL OR TREATMENT TECHNIQUE REQUIREMENT PRESCRIBED BY
REVISED NATIONAL PRIMARY DRINKING WATER REGULATIONS, NOT LATER
THAN SEVEN YEARS AFTER THE DATE SUCH REQUIREMENT TAKES EFFECT.
"(B) NOTWITHSTANDING CLAUSES (I) AND (II) OF SUBPARAGRAPH (A) OF THIS
PARAGRAPH, THE FINAL DATE FOR COMPLIANCE PRESCRIBED IN A SCHEDULE
PRESCRIBED PURSUANT TO THIS SUBSECTION FOR AN EXEMPTION GRANTED FOR A
PUBLIC WATER SYSTEM WHICH (AS DETERMINED BY THE STATE GRANTING THE
EXEMPTION) HAS ENTERED INTO AN ENFORCEABLE AGREEMENT TO BECOME A PART OF
A REGIONAL PUBLIC WATER SYSTEM SHALL--,
"(I) IN THE CASE OF A SCHEDULE PRESCRIBED FOR AN EXEMPTION
GRANTED WITH RESPECT TO A CONTAMINANT LEVEL OR TREATMENT TECHNIQUE
REQUIREMENT PRESCRIBED BY INTERIM NATIONAL PRIMARY DRINKING WATER
REGULATIONS, BE NOT LATER THAN JANUARY 1, 1983; AND
"(II) IN THE CASE OF A SCHEDULE PRESCRIBED FOR AN EXEMPTION
GRANTED WITH RESPECT TO A CONTAMINANT LEVEL OR TREATMENT TECHNIQUE
REQUIREMENT PRESCRIBED BY REVISED NATIONAL PRIMARY DRINKING WATER
REGULATIONS, BE NOT LATER THAN NINE YEARS AFTER SUCH REQUIREMENT
TAKES EFFECT.
"(3) EACH PUBLIC WATER SYSTEM'S EXEMPTION GRANTED BY A STATE UNDER
SUBSECTION (A) SHALL BE CONDITIONED BY THE STATE UPON COMPLIANCE BY THE
PUBLIC WATER SYSTEM WITH THE SCHEDULE PRESCRIBED BY THE STATE PURSUANT
TO THIS SUBSECTION. THE REQUIREMENTS OF EACH SCHEDULE PRESCRIBED BY A
STATE PURSUANT TO THIS SUBSECTION SHALL BE ENFORCEABLE BY THE STATE
UNDER ITS LAWS. ANY REQUIREMENT OF A SCHEDULE ON WHICH AN EXEMPTION
GRANTED UNDER THIS SECTION IS CONDITIONED MAY BE ENFORCED UNDER SECTION
1414 AS IF SUCH REQIREMENT WAS PART OF A NATIONAL PRIMARY DRINKING WATER
REGULATION.
"(4) EACH SCHEDULE PRESCRIBED BY A STATE PURSUANT TO THIS SUBSECTION
SHALL BE DEEMED APPROVED BY THE ADMINISTRATOR UNLESS THE EXEMPTION FOR
WHICH IT WAS PRESCRIBED IS REVOKED BY THE ADMINISTRATOR UNDER SUBSECTION
(D)(2) OR THE SCHEDULE IS REVISED BY THE ADMINISTRATOR UNDER SUCH
SUBSECTION.
"(C) EACH STATE WHICH GRANTS AN EXEMPTION UNDER SUBSECTION (A) SHALL
PROMPTLY NOTIFY THE ADMINISTRATOR OF THE GRANTING OF SUCH EXEMPTION.
SUCH NOTIFICATION SHALL CONTAIN THE REASONS FOR THE EXEMPTION (INCLUDING
THE BASIS FOR THE FINDING REQUIRED BY SUBSECTION (A)(3) BEFORE THE
EXEMPTION MAY BE GRANTED) AND DOCUMENT THE NEED FOR THE EXEMPTION.
"(D)(1) NOT LATER THAN 18 MONTHS AFTER THE EFFECTIVE DATE OF THE
INTERIM NATIONAL PRIMARY DRINKING WATER REGULATIONS THE ADMINISTRATOR
SHALL COMPLETE A COMPREHENSIVE REVIEW OF THE EXEMPTIONS GRANTED (AND
SCHEDULES PRESCRIBED PURSUANT THERETO) BY THE STATES DURING THE ONE-YEAR
PERIOD BEGINNING ON SUCH EFFECTIVE DATE. THE ADMINISTRATOR SHALL
PUBLISH NOTICE OF THE PROPOSED REVIEW IN THE FEDERAL REGISTER. SUCH
NOTICE SHALL (A) PROVIDE INFORMATION RESPECTING THE LOCATION OF DATA AND
OTHER INFORMATION RESPECTING THE EXEMPTIONS TO BE REVIEWED (INCLUDING
DATA AND OTHER INFORMATION CONCERNING NEW SCIENTIFIC MATTERS BEARING ON
SUCH EXEMPTIONS), AND (B) ADVISE OF THE OPPORTUNITY TO SUBMIT COMMENTS
ON THE EXEMPTIONS REVIEWED AND ON THE NEED FOR CONTINUING THEM. UPON
COMPLETION OF ANY SUCH REVIEW, THE ADMINISTRATOR SHALL PUBLISH IN THE
FEDERAL REGISTER THE RESULTS OF HIS REVIEW TOGETHER WITH FINDINGS
RESPONSIVE TO COMMENTS SUBMITTED IN CONNECTION WITH SUCH REVIEW.
"(2)(A) IF THE ADMINISTRATOR FINDS THAT A STATE HAS, IN A SUBSTANTIAL
NUMBER OF INSTANCES, ABUSED ITS DISCRETION IN GRANTING EXEMPTIONS UNDER
SUBSECTION (A) OR FAILED TO PRESCRIBE SCHEDULES IN ACCORDANCE WITH
SUBSECTION (B), THE ADMINISTRATOR SHALL NOTIFY THE STATE OF HIS FINDING.
IN DETERMINING IF A STATE HAS ABUSED ITS DISCRETION IN GRANTING
EXEMPTIONS IN A SUBSTANTIAL NUMBER OF INSTANCES, THE ADMINISTRATOR SHALL
CONSIDER THE NUMBER OF PERSONS WHO ARE AFFECTED BY THE EXEMPTIONS AND IF
THE REQUIREMENTS APPLICABLE TO THE GRANTING OF THE EXEMPTIONS WERE
COMPLIED WITH. A NOTICE UNDER THIS SUBPARAGRAPH SHALL--,
"(I) IDENTIFY EACH EXEMPT PUBLIC WATER SYSTEM WITH RESPECT TO
WHICH THE FINDING WAS MADE,
"(II) SPECIFY THE REASONS FOR THE FINDING, AND
"(III) AS APPROPRIATE, PROPOSE REVOCATIONS OF SPECIFIC
EXEMPTIONS OR PROPOSE REVISED SCHEDULES FOR SPECIFIC EXEMPT PUBLIC
WATER SYSTEMS, OR BOTH.
"(B) THE ADMINISTRATOR SHALL PROVIDE REASONABLE NOTICE AND PUBLIC
HEARING ON THE PROVISIONS OF EACH NOTICE GIVEN PURSUANT TO SUBPARAGRAPH
(A). AFTER A HEARING ON A NOTICE PURSUANT TO SUBPARAGRAPH (A), THE
ADMINISTRATOR SHALL (I) RESCIND THE FINDING FOR WHICH THE NOTICE WAS
GIVEN AND PROMPTLY NOTIFY THE STATE OF SUCH RESCISSION, OR (II)
PROMULGATE (WITH SUCH MODIFICATIONS AS HE DEEMS APPROPRIATE) SUCH
EXEMPTION REVOCATIONS AND REVISED SCHEDULES PROPOSED IN SUCH NOTICE AS
HE DEEMS APPROPRIATE. NOT LATER THAN 180 DAYS AFTER THE DATE A NOTICE
IS GIVEN PURSUANT TO SUBPARAGRAPH (A), THE ADMINISTRATOR SHALL COMPLETE
THE HEARING ON THE NOTICE AND TAKE THE ACTION REQUIRED BY THE PRECEDING
SENTENCE.
"(C) IF A STATE IS NOTIFIED UNDER SUBPARAGRAPH (A) OF A FINDING OF
THE ADMINISTRATOR MADE WITH RESPECT TO AN EXEMPTION GRANTED A PUBLIC
WATER SYSTEM WITHIN THAT STATE OR TO A SCHEDULE PRESCRIBED PURSUANT TO
SUCH AN EXEMPTION AND IF BEFORE A REVOCATION OF SUCH EXEMPTION OR A
REVISION OF SUCH SCHEDULE PROMULGATED BY THE ADMINISTRATOR TAKES EFFECT
THE STATE TAKES CORRECTIVE ACTION WITH RESPECT TO SUCH EXEMPTION OR
SCHEDULE WHICH THE ADMINISTRATOR DETERMINES MAKES HIS FINDING
INAPPLICABLE TO SUCH EXEMPTION OR SCHEDULE, THE ADMINISTRATOR SHALL
RESCIND THE APPLICATION OF HIS FINDING TO THAT EXEMPTION OR SCHEDULE.
NO EXEMPTION REVOCATION OR REVISED SCHEDULE MAY TAKE EFFECT BEFORE THE
EXPIRATION OF 90 DAYS FOLLOWING THE DATE OF THE NOTICE IN WHICH THE
REVOCATION OR REVISED SHCEDULE PROPOSED.
"(E) FOR PURPOSES OF THIS SECTION, THE TERM 'TREATMENT TECHNIQUE
REQUIREMENT' MEANS A REQUIREMENT IN A NATIONAL PRIMARY DRINKING WATER
REGULATION WHICH SPECIFIES FOR A CONTAMINANT (IN ACCORDANCE WITH SECTION
1401(1)(C)(II)) EACH TREATMENT TECHNIQUE KNOWN TO THE ADMINISTRATOR
WHICH LEADS TO A REDUCTION IN THE LEVEL OF SUCH CONTAMINANT SUFFICIENT
TO SATISFY THE REQUIREMENTS OF SECTION 1412 (B)( 3).
"(F) IF A STATE DOES NOT HAVE PRIMARY ENFORCEMENT RESPONSIBILITY FOR
PUBLIC WATER SYSTEMS, THE ADMINISTRATOR SHALL HAVE THE SAME AUTHORITY TO
EXEMPT PUBLIC WATER SYSTEMS IN SUCH STATE FROM MAXIMUM CONTAMINANT LEVEL
REQUIREMENTS AND TREATMENT TECHNIQUE REQUIREMENTS UNDER THE SAME
CONDITIONS AND IN THE SAME MANNER AS THE STATE WOULD BE AUTHORIZED TO
GRANT EXEMPTIONS UNDER THIS SECTION IF IT HAD PRIMARY ENFORCEMENT
RESPONSIBILITY.
"(G) IF AN APPLICATION FOR AN EXEMPTION UNDER THIS SECTION IS MADE,
THE STATE RECEIVING THE APPLICATION OR THE ADMINISTRATOR, AS THE CASE
MAY BE, SHALL NOT UPON SUCH APPLICATION WITHIN A REASONABLE PERIOD (AS
DETERMINED UNDER REGULATIONS PRESCRIBED BY THE ADMINISTRATOR) AFTER THE
DATE OF ITS SUBMISSION.
"REGULATIONS FOR THE PROGRAMS //42 USC 300H.//
"SEC. 1421. (A)(1) THE ADMINISTRATOR SHALL PUBLISH PROPOSED
REGULATIONS FOR STATE UNDERGROUND INJECTION CONTROL PROGRAMS WITHIN 180
DAYS AFTER THE DATE OF ENACTMENT OF THIS TITLE. WITHIN 180 DAYS AFTER
PUBLICATION OF SUCH PROPOSED REGULATIONS, HE SHALL PROMULGATE SUCH
REGULATIONS WITH SUCH MODIFICATIONS AS HE DEEMS APPROPRIATE. ANY
REGULATION UNDER THIS SUBSECTION MAY BE AMENDED FROM TIME TO TIME.
"(2) ANY REGULATION UNDER THIS SECTION SHALL BE PROPOSED AND
PROMULGATED IN ACCORDANCE WITH SECTION 553 OF TITLE 5, UNITED STATES
CODE (RELATING TO RULEMAKING), EXCEPT THAT THE ADMINISTRATOR SHALL
PROVIDE OPPORTUNITY FOR PUBLIC HEARING PRIOR TO PROMULGATION OF SUCH
REGULATIONS. IN PROPOSING AND PROMULGATING REGULATIONS UNDER THIS
SECTION, THE ADMINISTRATOR SHALL CONSULT WITH THE SECRETARY, THE
NATIONAL DRINKING WATER ADVISORY COUNCIL, AND OTHER APPROPRIATE FEDERAL
ENTITIES AND WITH INTERESTED STATE ENTITIES.
"(B)(1) REGULATIONS UNDER SUBSECTION (A) FOR STATE UNDERGROUND
INJECTION PROGRAMS SHALL CONTAIN MINIMUM REQUIREMENTS FOR EFFECTIVE
PROGRAMS TO PREVENT UNDERGROUND INJECTION WHICH ENDANGERS DRINKING WATER
SOURCES WITHIN THE MEANING OF SUBSECTION (D)(2). SUCH REGULATIONS SHALL
REQUIRE THAT A STATE PROGRAM, IN ORDER TO BE APPROVED UNDER SECTION
1422--,
"(A) SHALL PROHIBIT, EFFECTIVE THREE YEARS AFTER THE DATE OF
THE ENACTMENT OF THIS TITLE, ANY UNDERGROUND INJECTION IN SUCH
STATE WHICH IS NOT AUTHORIZED BY A PERMIT ISSUED BY THE STATE
(EXCEPT THAT THE REGULATIONS MAY PERMIT A STATE TO AUTHORIZE
UNDERGROUND INJECTION BY RULE);
"(B) SHALL REQUIRE (I) IN THE CASE OF A PROGRAM WHICH PROVIDES
FOR AUTHORIZATION OF UNDERGROUND INJECTION BY PERMIT, THAT THE
APPLICANT FOR THE PERMIT TO INJECT MUST SATISFY THE STATE THAT THE
UNDERGROUND INJECTION WILL NOT ENDANGER DRINKING WATER SOURCES,
AND (II) IN THE CASE OF A PROGRAM WHICH PROVIDES FOR SUCH AN
AUTHORIZATION BY RULE, THAT NO RULE MAY BE PROMULGATED WHICH
AUTHORIZES ANY UNDERGROUND INJECTION WHICH ENDANGERS DRINKING
WATER SOURCES;
"(C) SHALL INCLUDE INSPECTION, MONITORING, RECORDKEEPING, AND
REPORTING REQUIREMENTS; AND
"(D) SHALL APPLY (I) AS PRESCRIBED BY SECTION 1447(B), TO
UNDERGROUND INJECTIONS BY FEDERAL AGENCIES, AND (II) TO
UNDERGROUND INJECTIONS BY ANY OTHER PERSON WHETHER OR NOT
OCCURRING ON PROPERTY OWNED OR LEASED BY THE UNITED STATES.
"(2) REGULATIONS OF THE ADMINISTRATOR UNDER THIS SECTION FOR STATE
UNDERGROUND INJECTION CONTROL PROGRAMS MAY NOT PRESCRIBE REQUIREMENTS
WHICH INTERFERE WITH OR IMPEDE--,
"(A) THE UNDERGROUND INJECTION OF BRINE OR OTHER FLUIDS WHICH
ARE BROUGHT TO THE SURFACE IN CONNECTION WITH OIL OR NATURAL GAS
PRODUCTION, OR
"(B) ANY UNDERGROUND INJECTION FOR THE SECONDARY OR TERTIARY
RECOVERY OF OIL OR NATURAL GAS,
UNLESS SUCH REQUIREMENTS ARE ESSENTIAL TO ASSURE THAT UNDERGROUND
SOURCES OF DRINKING WATER WILL NOT BE ENDANGERED BY SUCH INJECTION.
"(C)(1) THE ADMINISTRATOR MAY, UPON APPLICATION OF THE GOVERNOR OF A
STATE WHICH AUTHORIZES UNDERGROUND INJECTION BY MEANS OF PERMITS,
AUTHORIZE SUCH STATE TO ISSUE (WITHOUT REGARD TO SUBSECTION (B)(1)(B)(
I)) TEMPORARY PERMITS FOR UNDERGROUND INJECTION WHICH MAY BE EFFECTIVE
UNTIL THE EXPIRATION OF FOUR YEARS AFTER THE DATE OF ENACTMENT OF THIS
TITLE, IF--,
"(A) THE ADMINISTRATOR FINDS THAT THE STATE HAS DEMONSTRATED
THAT IT IS UNABLE AND COULD NOT REASONABLY HAVE BEEN ABLE TO
PROCESS ALL PERMIT APPLICATIONS WITHIN THE TIME AVAILABLE;
"(B) THE ADMINISTRATOR DETERMINES THE ADVERSE EFFECT ON THE
ENVIRONMENT OF SUCH TEMPORARY PERMITS IS NOT UNWARRANTED;
"(C) SUCH TEMPORARY PERMITS WILL BE ISSUED ONLY WITH RESPECT TO
INJECTION WELLS IN OPERATION ONTHE DATE ON WHICH SUCH STATE'S
PERMIT PROGRAM APPROVED UNDER THIS PART FIRST TAKES EFFECT AND FOR
WHICH THERE WAS INADEQUATE TIME TO PROCESS ITS PERMIT APPLICATION;
AND
"(D) THE ADMINISTRATOR DETERMINES THE TEMPORARY PERMITS REQUIRE
THE USE OF ADEQUATE SAFEGUARDS ESTABLISHED BY RULES ADOPTED BY
HIM.
"(2) THE ADMINISTRATOR MAY, UPON APPLICATION OF THE GOVERNOR OF A
STATE WHICH AUTHORIZES UNDERGROUND INJECTION BY MEANS OF PERMITS,
AUTHORIZE SUCH STATE TO ISSUE (WITHOUT REGARD TO SUBSECTION (B)(1)(B)
(I)), BUT AFTER REASONABLE NOTICE AND HEARING, ONE OR MORE TEMPORARY
PERMITS EACH OF WHICH IS APPLICABLE TO A PARTICULAR INJECTION WELL AND
TO THE UNDERGROUND INJECTION OF A PARTICULAR FLUID AND WHICH MAY BE
EFFECTIVE UNTIL THE EXPIRATION OF FOUR YEARS AFTER THE DATE OF ENACTMENT
OF THIS TITLE, IF THE STATE FINDS, ON THE RECORD OF SUCH HEARING--,
"(A) THAT TECHNOLOGY (OR OTHER MEANS) TO PERMIT SAFE INJECTION
OF THE FLUID IN ACCORDANCE WITH THE APPLICABLE UNDERGROUND
INJECTION CONTROL PROGRAM IS NOT GENERALLY AVAILABLE (TAKING COSTS
INTO CONSIDERATION);
"(B) THAT INJECTION OF THE FLUID WOULD BE LESS HARMFUL TO
HEALTH THAN THE USE OF OTHER AVAILABLE MEANS OF DISPOSING OF WASTE
OR PRODUCING THE DESIRED PRODUCT; AND
"(C) THAT AVAILABLE TECHNOLOGY OR OTHER MEANS HAVE BEEN
EMPLOYED (AND WILL BE EMPLOYED) TO REDUCE THE VOLUME AND TOXICITY
OF THE FLUID AND TO MINIMIZE THE POTENTIALLY ADVERSE EFFECT OF THE
INJECTION ON THE PUBLIC HEALTH.
"(D) FOR PURPOSES OF THIS PART:
"(1) THE TERM 'UNDERGROUND INJECTION' MEANS THE SUBSURFACE
EMPLACEMENT OF FLUIDS BY WELL INJECTION.
"(2) UNDERGROUND INJECTION ENDANGERS DRINKING WATER SOURCES IF
SUCH INJECTION MAY RESULT IN THE PRESENCE IN UNDERGROUND WATER
WHICH SUPPLIES OR CAN REASONABLY BE EXPECTED TO SUPPLY ANY PUBLIC
WATER SYSTEM OF AN CONTAMINANT, AND IF THE PRESENCE OF SUCH
CONTAMINANT MAY RESULT IN SUCH SYSTEM'S NOT COMPLYING WITH ANY
NATIONAL PRIMARY DRINKING WATER REGULATION OR MAY OTHERWISE
ADVERSELY AFFECT THE HEALTH OF PERSONS.
"STATE PRIMARY ENFORCEMENT RESPONSIBILITY //42 USC 300H-1.//
"SEC. 1422. (A) WITHIN 180 DAYS AFTER THE DATE OF ENACTMENT OF THIS
TITLE, THE ADMINISTRATOR SHALL LIST IN THE FEDERAL REGISTER EACH STATE
FOR WHICH IN HIS JUDGEMENT A STATE UNDERGROUND INJECTION CONTROL PROGRAM
MAY BE NECESSARY TO ASSURE THAT UNDERGROUND INJECTION WILL NOT ENDANGER
DRINKING WATER SOURCES. SUCH LIST MAY BE AMENDED FROM TIME TO TIME.
"(B)(1)(A) EACH STATE LISTED UNDER SUBSECTION (A) SHALL WITHIN 270
DAYS AFTER THE DATE OF PROMULGATION OF ANY REGULATION UNDER SECTION 1421
(OR, IF LATER, WITHIN 270 DAYS AFTER SUCH STATE IS FIRST LISTED UNDER
SUBSECTION (A)) SUBMIT TO THE ADMINISTRATOR AN APPLICATION WHICH
CONTAINS A SHOWING SATISFACTORY TO THE ADMINISTRATOR THAT THE STATE--,
"(I) HAS ADOPTED AFTER REASONABLE NOTICE AND PUBLIC HEARINGS,
AND WILL IMPLEMENT, AN UNDERGROUND INJECTION CONTROL PROGRAM WHICH
MEETS THE REQUIREMENTS OR REGULATIONS IN EFFECT UNDER SECTION
1421; AND
"(II) WILL KEEP SUCH RECORDS AND MAKE SUCH REPORTS WITH RESPECT
TO ITS ACTIVITIES UNDER ITS UNDERGROUND INJECTION CONTROL PROGRAM
AS THE ADMINISTRATOR MAY REQUIRE BY REGULATION.
"(B) WITHIN 270 DAYS OF ANY AMENDMENT OF A REGULATION UNDER SECTION
1421 REVISING OR ADDING ANY REQUIREMENT RESPECTING STATE UNDERGROUND
INJECTION CONTROL PROGRAMS, EACH STATE LISTED UNDER SUBSECTION (A) SHALL
SUBMIT (IN SUCH FORM AND MANNER AS THE ADMINISTRATOR MAY REQUIRE) A
NOTICE TO THE ADMINISTRATOR CONTAINING A SHOWING SATISFACTORY TO HIM
THAT THE STATE UNDERGROUND INJECTION CONTROL PROGRAM MEETS THE REVISED
OR ADDED REQUIREMENT.
"(2) WITHIN NINETY DAYS AFTER THE STATE'S APPLICATION UNDER PARAGRAPH
(1)(A) OR NOTICE UNDER PARAGRAPH (1)(B) AND AFTER REASONABLE OPPORTUNITY
FOR PRESENTATION OF VIEWS, THE ADMINISTRATOR SHALL BY RULE EITHER
APPROVE, DISAPPROVE, OR APPROVE IN PART AND DISAPPROVE IN PART, THE
STATE'S UNDERGROUND INJECTION CONTROL PROGRAM.
"(3) IF THE ADMINISTRATOR APPROVES THE STATE'S PROGRAM UNDER
PARAGRAPH (2), THE STATE SHALL HAVE PRIMARY ENFORCEMENT RESPONSIBILITY
FOR UNDERGROUND WATER SOURCES UNITL SUCH TIME AS THE ADMINISTRATOR
DETERMINES, BY RULE, THAT SUCH STATE NO LONGER MEETS THE REQUIREMENTS OF
CLAUSE (I) OR (II) OF PARAGRAPH (1)(A) OF THIS SUBSECTION.
"(4) BEFORE PROMULGATING ANY RULE UNDER PARAGRAPH (2) OR (3) OF THIS
SUBSECTION, THE ADMINISTRATOR SHALL PROVIDE OPPORTUNITY FOR PUBLIC
HEARING RESPECTING SUCH RULE.
"(C) IF THE ADMINISTRATOR DISAPPROVES A STATE'S PROGRAM (OR PART
THEREOF) UNDER SUBSECTION (B)(2), IF THE ADMINISTRATOR DETERMINES UNDER
SUBSECTION (B)(3) THAT A STATE NO LONGER MEETS THE REQUIREMENTS OF
CLAUSE (I) OR (II) OF SUBSECTION (B)(1)(A), OR IF A STATE FAILS TO
SUBMIT AN APPLICATION OR NOTICE BEFORE THE DATE OF EXPIRATION OF THE
PERIOD SPECIFIED IN SUBSECTION (B)(1), THE ADMINISTRATOR SHALL BY
REGULATION WITHIN 90 DAYS AFTER THE DATE OF SUCH DISAPPROVAL,
DETERMINATION, OR EXPIRATION (AS THE CASE MAY BE) PRESCRIBE (AND MAY
FROM TIME TO TIME BY REGULATION REVISE) A PROGRAM APPLICABLE TO SUCH
STATE MEETING THE REQUIREMENTS OF SECTION 1421(B). SUCH PROGRAM MAY NOT
INCLUDE REQUIREMENTS WHICH INTERFERE WITH OR IMPEDE--,
"(1) THE UNDERGROUND INJECTION OF BRINE OR OTHER FLUIDS WHICH
ARE BROUGHT TO THE SURFACE IN CONNECTION WITH OIL OR NATURAL GAS
PRODUCTION, OR
"(2) ANY UNDERGROUND INJECTION FOR THE SECONDARY OR TERTIARY
RECOVERY OF OIL OR NATURAL GAS;
UNLESS SUCH REQUIREMENTS ARE ESSENTIAL TO ASSURE THAT UNDERGROUND
SOURCES OF DRINKING WATER WILL NOT BE ENDANGERED BY SUCH INJECTION.
SUCH PROGRAM SHALL APPLY IN SUCH STATE TO THE EXTENT THAT A PROGRAM
ADOPTED BY SUCH STATE WHICH THE ADMINISTRATOR DETERMINES MEETS SUCH
REQUIREMENTS IS NOT IN EFFECT. BEFORE PROMULGATING ANY REGULATION UNDER
THIS SECTION, THE ADMINISTRATOR SHALL PROVIDE OPPORTUNITY FOR PUBLIC
HEARING RESPECTING SUCH REGULATION.
"(D) FOR PURPOSES OF THIS TITLE, THE TERM 'APPLICABLE UNDERGROUND
INJECTION CONTROL PROGRAM' WITH RESPECT TO A STATE MEANS THE PROGRAM (OR
MOST RECENT AMENDMENT THEREOF) (1) WHICH HAS BEEN ADOPTED BY THE STATE
AND WHICH HAS BEEN APPROVED UNDER SUBSECTION (B), OR (2) WHICH HAS BEEN
PRESCRIBED BY THE ADMINISTRATOR UNDER SUBSECTION (C).
"FAILURE OF STATE TO ASSURE ENFORCEMENT OF PROGRAM //42 USC
300H-2.//
"SEC. 1423. (A)(1) WHENEVER THE ADMINISTRATOR FINDS DURING A PERIOD
DURING WHICH A STATE HAS PRIMARY ENFORCEMENT RESPONSIBILITY FOR
UNDERGROUND WATER SOURCES (WITHIN THE MEANING OF SECTION 1422 (B)(3))
THAT ANY PERSON WHO IS SUBJECT TO A REQUIREMENT OF AN APPLICABLE
UNDERGROUND INJECTION CONTROL PROGRAM IN SUCH STATE IS VIOLATING SUCH
REQUIREMENT, HE SHALL SO NOTIFY THE STATE AND THE PERSON VIOLATING SUCH
REQUIREMENT. IF THE ADMINISTRATOR FINDS SUCH FAILURE TO COMPLY EXTENDS
BEYOND THE THIRTIETH DAY AFTER THE DATE OF SUCH NOTICE, HE SHALL GIVE
PUBLIC NOTICE OF SUCH FINDING AND REQUEST THE STATE TO REPORT WITHIN 15
DAYS AFTER THE DATE OF SUCH PUBLIC NOTICE AS TO THE STEPS BEING TAKEN TO
BRING SUCH PERSON INTO COMPLIANCE WITH SUCH REQUIREMENT (INCLUDING
REASONS FOR ANTICIPATED STEPS TO BE TAKEN TO BRING SUCH PERSON INTO
COMPLIANCE WITH SUCH REQUIREMENT AND FOR ANY FAILURE TO TAKE STEPS TO
BRING SUCH PERSON INTO COMPLIANCE WITH SUCH REQUIREMENT). IF--,
"(A) SUCH FAILURE TO COMPLY EXTENDS BEYOND THE SIXIETH DAY
AFTER THE DATE OF THE NOTICE GIVEN PURSUANT TO THE FIRST SENTENCE
OF THIS PARAGRAPH, AND
"B)(I) THE STATE FAILS TO SUBMIT THE REPORT REQUESTED BY THE
ADMINISTRATOR WITHIN THE TIME PERIOD PRESCRIBED BY THE PRECEDING
SENTENCE, OR
"(II) THE STATE SUBMITS SUCH REPORT WITHIN SUCH PERIOD BUT THE
ADMINISTRATOR, AFTER CONSIDERING THE REPORT, DETERMINES THAT BY
FAILING TO TAKE NECESSARY STEPS TO BRING SUCH PERSON INTO
COMPLIANCE BY SUCH SIXIETH DAY THE STATE ABUSED ITS DISCRETION IN
CARRYING OUT PRIMARY ENFORCEMENT RESPONSIBILITY FOR UNDERGROUND
WATER SOURCES,
THE ADMINISTRATOR MAY COMMENCE A CIVIL ACTION UNDER SUBSECTION (B)(1).
"(2) WHENEVER THE ADMINISTRATOR FINDS DURING A PERIOD DURING WHICH A
STATE DOES NOT HAVE PRIMARY ENFORCEMENT RESPONSIBILITY FOR UNDERGROUND
WATER SOURCES THAT ANY PERSON SUBJECT TO ANY REQUIREMENT OF ANY
APPLICABLE UNDERGROUND INJECTION CONTROL PROGRAM IN SUCH STATE IN
VIOLATING SUCH REQUIREMENT, HE MAY COMMENCE A CIVIL ACTION UNDER
SUBSECTION (B)(1).
"(B)(1) WHEN AUTHORIZED BY SUBSECTION (A), THE ADMINISTRATOR MAY
BRING A CIVIL ACTION UNDER THIS PARAGRAPH IN THE APPRROPRIATE UNITED
STATES DISTRICT COURT TO REQUIRE COMPLIANCE WITH ANY REQUIREMENT OF AN
APPLICABLE UNDERGROUND INJECTION CONTROL PROGRAM. THE COURT MAY ENTER
SUCH JUDGMENT AS PROTECTION OF PUBLIC HEALTH MAY REQUIRE, INCLUDING, IN
THE CASE OF AN ACTION BROUGHT AGAINST A PERSON WHO VIOLATES AN
APPLICABLE REQUIREMENT OF AN UNDERGROUND INJECTION CONTROL PROGRAM AND
WHO IS LOCATED IN A STATE WHICH HAS PRIMARY ENFORCEMENT RESPONSIBILITY
FOR UNDERGROUND WATER SOURCES, THE IMPOSITION OF A CIVIL PENALTY OF NOT
TO EXCEED $5,000 FOR EACH DAY SUCH PERSON VIOLATES SUCH REQUIREMENT
AFTER THE EXPIRATION OF 60 DAYS AFTER RECEIVING NOTICE UNDER SUBSECTION
(A)(1).
"(2) ANY PERSON WHO VIOLATES ANY REQUIREMENT OF AN APPLICABLE
UNDERGROUND INJECTION CONTROL PROGRAM TO WHICH HE IS SUBJECT DURING ANY
PERIOD FOR WHICH THE STATE DOES NOT HAVE PRIMARY ENFORCEMENT
RESPONSIBILITY FOR UNDERGROUND WATER SOURCES (A) SHALL BE SUBJECT TO A
CIVIL PENALTY OF NOT MORE THAN $5,000 FOR EACH DAY OF SUCH VIOLATION, OR
(B) IF SUCH VIOLATION IS WILLFUL, SUCH PERSON MAY, IN LIEU OF THE CIVIL
PENALTY AUTHORIZED BY CLAUSE (B), BE FINED NOT MORE THAN $10,000 FOR
EACH DAY OF SUCH VIOLATION.
"(C) NOTHING IN THIS TITLE SHALL DIMINISH ANY AUTHORITY OF A STATE OR
POLITICAL SUBDIVISION TO ADOPT OR ENFORCE ANY LAW OR REGULATION
RESPECTING UNDERGROUND INJECTION BUT NO SUCH LAW OR REGULATION SHALL
RELIEVE ANY PERSON OF ANY REQUIREMENT OTHERWISE APPLICABLE UNDER THIS
TITLE.
"INTERIM REGULATION OF UNDERGROUND INJECTIONS //42 USC
300H-3.//
"SEC. 1424. (A)(1) ANY PERSON MAY PETITION THE ADMINISTRATOR TO HAVE
AN AREA OF A STATE (OR STATES) DESIGNATED AS AN AREA IN WHICH NO NEW
UNDERGROUND INJECTION WELL MAY BE OPERATED DURING THE PERIOD BEGINNING
ON THE DATE OF THE DESIGNATION AND ENDING ON THE DATE ON WHICH THE
APPLICABLE UNDERGROUND INJECTION CONTROL PROGRAM COVERING SUCH AREA
TAKES EFFECT UNLESS A PERMIT FOR THE OPERATION OF SUCH WELL HAS BEEN
ISSUED BY THE ADMINISTRATOR UNDER SUBSECTION (B). THE ADMINISTRATOR MAY
SO DESIGNATE AN AREA WITHIN A STATE IF HE FINDS THAT THE AREA HAS ONE
AQUIFER WHICH IS THE SOLE OR PRINCIPAL DRINKING WATER SOURCE FOR THE
AREA AND WHICH, IF CONTAMINATED, WOULD CREATE A SIGNIFICANT HAZARD TO
PUBLIC HEALTH.
"(2) UPON RECEIPT OF A PETITION UNDER PARAGRAPH (1) OF THIS
SUBSECTION, THE ADMINISTRATOR SHALL PUBLISH IT IN THE FEDERAL REGISTER
AND SHALL PROVIDE AN OPPORTUNITY TO INTERESTED PERSONS TO SUBMIT WRITTEN
DATA, VIEWS, OR ARGUMENTS THEREON. NOT LATER THAN THE 30TH DAY
FOLLOWING THE DATE OF THE PUBLICATION OF A PETITION UNDER THIS PARAGRAPH
IN THE FEDERAL REGISTER, THE ADMINISTRATOR SHALL EITHER MAKE THE
DESIGNATION FOR WHICH THE PEITION IS SUBMITTED OR DENY THE PETITION.
"(B)(1) DURING THE PERIOD BEGINNING ON THE DATE AN AREA IS DESIGNATED
UNDER SUBSECTION (A) AND ENDING ON THE DATE THE APPLICABLE UNDERGROUND
INJECTION CONTROL PROGRAM COVERING SUCH AREA TAKES EFFECT, NO NEW
UNDERGROUND INJECTION WELL MAY BE OPERATED IN SUCH AREA UNLESS THE
ADMINISTRATOR HAS ISSUED A PERMIT FOR SUCH OPERATION.
"(2) ANY PERSON MAY PETITION THE ADMINISTRATOR FOR THE ISSUANCE OF A
PERMIT FOR THE OPERATION OF SUCH A WELL IN SUCH AN AREA. A PETITION
SUBMITTED UNDER THIS PARAGRAPH SHALL BE SUBMITTED IN SUCH MANNER AND
CONTAIN SUCH INFORMATION AS THE ADMINISTRATOR MAY REQUIRE BY REGULATION.
UPON RECEIPT OF SUCH A PETITION, THE ADMINISTRATOR SHALL PUBLISH IT IN
THE FEDERAL REGISTER. THE ADMINISTRATOR SHALL GIVE NOTICE OF ANY
PROCEEDING ON A PETITION AND SHALL PROVIDE OPPORTUNITY FOR AGENCY
HEARING. THE ADMINISTRATOR SHALL ACT UPON SUCH PETITION ON THE RECORD
OF ANY HEARING HELD PURSUANT TO THE PRECEDING SENTENCE RESPECTING SUCH
PETITION. WITHIN 120 DAYS OF THE PUBLICATION IN THE FEDERAL REGISTER OF
A PETITION SUBMITTED UNDER THIS PARAGRAPH, THE ADMINISTRATOR SHALL
EITHER ISSUE THE PERMIT FOR WHICH THE PETITION WAS SUBMITTED OR SHALL
DENY ITS ISSUANCE.
"(3) THE ADMINISTRATOR MAY ISSUE A PERMIT FOR THE OPERATION OF A NEW
UNDERGROUND INJECTION WELL IN AN AREA DESIGNATED UNDER SUBSECTION (A)
ONLY IF HE FINDS THAT THE OPERATION OF SUCH WELL WILL NOT CAUSE
CONTAMINATION OF THE AQUIFER OF SUCH AREA SO AS TO CREATE A SIGNIFICANT
HAZARD TO PUBLIC HEALTH. THE ADMINISTRATOR MAY CONDITION THE ISSUANCE
OF SUCH A PERMIT UPON THE USE OF SUCH CONTROL MEASURES IN CONNECTION
WITH THE OPERATION OF SUCH WELL, FOR WHICH THE PERMIT IS TO BE ISSUED,
AS HE DEEMS NECESSARY TO ASSURE THAT THE OPERATION OF THE WELL WILL NOT
CONTAMINATE THE AQUIFER OF THE DESIGNATED AREA IN WHICH THE WELL IS
LOCATED SO AS TO CREATE A SIGNIFICANT HAZARD TO PUBLIC HEALTH.
"(C) ANY PERSON WHO OPERATES A NEW UNDERGROUND INJECTION WELL IN
VIOLATION OF SUBSECTION (B), (1) SHALL BE SUBJECT TO A CIVIL PENALTY OF
NOT MORE THAN $5,000 FOR EACH DAY IN WHICH SUCH VIOLATION OCCURS, OR (2)
IF SUCH VIOLATION IS WILLFUL, SUCH PERSON MAY, IN LIEU OF THE CIVIL
PENALTY AUTHORIZED BY CLAUSE (1), BE FINED NOT MORE THAN $10,000 FOR
EACH DAY IN WHICH SUCH VIOLATION OCCURS. IF THE ADMINISTRATOR HAS
REASON TO BELIEVE THAT ANY PERSON IS VIOLATING OR WILL VIOLATE
SUBSECTION (B), HE MAY PETITION THE UNITED STATES DISTRICT COURT TO
ISSUE A TEMPORARY RESTRAINING ORDER OR INJUNCTION (INCLUDING A MANDATORY
INJUNCTION) TO ENFORCE SUCH SUBSECTION.
"(D) FOR PURPOSES OF THIS SECTION, THE TERM 'NEW UNDERGROUND
INJECTION WELL' MEANS AN UNDERGROUND INJECTION WELL WHOSE OPERATION WAS
NOT APPROVED BY APPROPRIATE STATE AND FEDERAL AGENCIES BEFORE THE DATE
OF THE ENACTMENT OF THIS TITLE.
"(E) IF THE ADMINISTRATOR DETERMINES, ON HIS OWN INITIATIVE OR UPON
PETITION, THAT AN AREA HAS AN AQUIFER WHICH IS THE SOLE OR PRINCIPAL
DRINKING WATER SOURCE FOR THE AREA AND WHICH, IF CONTAMINATED, WOULD
CREATE A SIGNIFICANT HAZARD TO PUBLIC HEALTH, HE SHALL PUBLISH NOTICE OF
THAT DETERMINATION IN THE FEDERAL REGISTER. AFTER THE PUBLICATION OF
ANY SUCH NOTICE, NO COMMITMENT FOR FEDERAL FINANCIAL ASSISTANCE (THROUGH
A GRANT, CONTRACT, LOAN GUARANTEE, OR OTHERWISE) MAY BE ENTERED INTO FOR
ANY PROJECT WHICH THE ADMINISTRATOR DETERMINES MAY CONTAMINATE SUCH
AQUIFER THROUGH A RECHARGE ZONE SO AS TO CREATE A SIGNIFICANT HAZARD TO
PUBLIC HEALTH, BUT A COMMITMENT FOR FEDERAL FINANCIAL ASSISTANCE MAY, IF
AUTHORIZED UNDER ANOTHER PROVISION OF LAW, BE ENTERED INTO TO PLAN OR
DESIGN THE PROJECT TO ASSURE THAT IT WILL NOT SO CONTAMINATE THE
AQUIFER.
"EMERGENCY POWERS //42 USC 300I.//
"SEC. 1431. (A) NOTWITHSTANDING ANY OTHER PROVISION OF THIS TITLE,
THE ADMINISTRATOR, UPON RECEIPT OF INFORMATION THAT A CONTAMINANT WHICH
IS PRESENT IN OR IS LIKELY TO ENTER A PUBLIC WATER SYSTEM MAY PRESENT AN
IMMINENT AND SUBSTANTIAL ENDANGERMENT TO THE HEALTH OF PERSONS, AND THAT
APPROPRIATE STATE AND LOCAL AUTHORITIES HAVE NOT ACTED TO PROTECT THE
HEALTH OF SUCH PERSONS, MAY TAKE SUCH ACTIONS AS HE MAY DEEM NECESSARY
IN ORDER TO PROTECT THE HEALTH OF SUCH PERSONS. TO THE EXTENT HE
DETERMINES IT TO BE PRACTICABLE IN LIGHT OF SUCH IMMINENT ENDANGERMENT,
HE SHALL CONSULT WITH THE STATE AND LOCAL AUTHORITIES IN ORDER TO
CONFIRM THE CORRECTNESS OF HE INFORMATION ON WHICH ACTION PROPOSED TO BE
TAKEN UNDER THIS SUBSECTION IS BASED AND TO ASCERTAIN THE ACTION WHICH
SUCH AUTHORITIES ARE OR WILL BE TAKING. THE ACTION WHICH THE
ADMINISTRATOR MAY TAKE MAY INCLUDE (BUT SHALL NOT BE LIMITED TO) (1)
ISSUING SUCH ORDERS AS MAY BE NECESSARY TO PROTECT THE HEALTH OF PERSONS
WHO ARE OR MAY BE USERS OF SUCH SYSTEM (INCLUDING TRAVELERS), AND (2)
COMMENCING A CIVIL ACTION FOR APPROPRIATE RELIEF, INCLUDING A
RESTRAINING ORDER OR PERMANENT OR TEMPORARY INJUNCTION.
"(B) ANY PERSON WHO WILLFULLY VIOLATES OF FAILS OR REFUSES TO COMPLY
WITH ANY ORDER ISSUED BY THE ADMINISTRATOR UNDER SUBSECTION (A)(1) MAY,
IN AN ACTION BROUGHT IN THE APPROPRIATE UNITED STATES DISTRICT COURT TO
ENFORCE SUCH ORDER, BE FINED NOT MORE THAN $5,000 FOR EACH DAY IN WHICH
SUCH VIOLATION OCCURS OR FAILURE TO COMPLY CONTINUES.
"ASSURANCE OF AVAILABILITY OF ADEQUATE SUPPLIES OF CHEMICALS
NECESSARY FOR TREATMENT OF WATER //42 USC 300J.//
"SEC. 1441. (A) IF ANY PERSON WHO USES CHLORINE, ACTIVATED CARBON,
LIME, AMMONIA, SODA ASH, POTASSIUM PERMANGANATE, CAUSTIC SODA, OR OTHER
CHEMICAL OR SUBSTANCE FOR THE PURPOSE OF TREATING WATER IN ANY PUBLIC
WATER SYSTEM OR IN ANY PUBLIC TREATMENT WORKS DETERMINES THAT THE AMOUNT
OF SUCH CHEMICAL OR SUBSTANCE NECESSARY TO EFFECTIVELY TREAT SUCH WATER
IS NOT REASONABLY AVAILABLE TO HIM OR WILL NOT BE SO AVAILABLE TO HIM
WHEN REQUIRED FOR THE EFFECTIVE TREATMENT OF SUCH WATER, SUCH PERSON MAY
APPLY TO THE ADMINISTRATOR FOR A CERTIFICATION (HEREINAFTER IN THIS
SECTION REFERRED TO AS A 'CERTIFICATION OF NEED') THAT THE AMOUNT OF
SUCH CHEMICAL OR SUBSTANCE WHICH SUCH PERSON REQUIRES TO EFFECTIVELY
TREAT SUCH WATER IS NOT REASONABLY AVAILABLE TO HIM OR WILL NOT BE SO
AVAILABLE WHEN REQUIRED FOR THE EFFECTIVE TREATMENT OF SUCH WATER.
"(B)(1) AN APPLICATION FOR A CERTIFICATION OF NEED SHALL BE IN SUCH
FORM AND SUBMITTED IN SUCH MANNER AS THE ADMINISTRATOR MAY REQUIRE AND
SHALL (A) SPECIFY THE PERSONS THE APPLICANT DETERMINES ARE ABLE TO
PROVIDE THE CHEMICAL OR SUBSTANCE WITH RESPECT TO WHICH THE APPLICATION
IS SUBMITTED, (B) SPECIFY THE PERSONS FROM WHOM THE APPLICANT HAS SOUGHT
SUCH CHEMICAL OR SUBSTANCE, AND (C) CONTAIN SUCH OTHER INFORMATION AS
THE ADMINISTRATOR MAY REQUIRE.
"(2) UPON RECEIPT OF AN APPLICATION UNDER THIS SECTION, THE
ADMINISTRATOR SHALL (A) PUBLISH IN THE FEDERAL REGISTER A NOTICE OF THE
RECEIPT OF THE APPLICATION AND A BRIEF SUMMARY OF IT, (B) NOTIFY IN
WRITING EACH PERSON WHOM THE PRESIDENT OR THIS DELEGATE (AFTER
CONSULTATION WITH THE ADMINISTRATOR) DETERMINES COULD BE MADE SUBJECT TO
AN ORDER REQUIRED TO BE ISSUED UPON THE ISSUANCE OF THE CERTIFICATION OF
NEED APPLIED FOR IN SUCH APPLICATION, AND (C) PROVIDE AN OPPORTUNITY FOR
THE SUBMISSION OF WRITTEN COMMENTS ON SUCH APPLICATION. THE
REQUIREMENTS OF THE PRECEDING SENTENCE OF THIS PARAGRAPH SHALL NOT APPLY
WHEN THE ADMINISTRATOR FOR GOOD CAUSE FINDS (AND INCORPORATES THE
FINDING WITH A BRIEF STATEMENT OF REASONS THEREFOR IN THE ORDER ISSUED)
THAT WAIVER OF SUCH REQUIREMENTS IS NECESSARY IN ORDER TO PROTECT THE
PUBLIC HEALTH.
"(3) WITHIN 30 DAYS AFTER--,
"(A) THE DATE A NOTICE IS PUBLISHED UNDER PARAGRAPH (2) IN THE
FEDERAL REGISTER WITH RESPECT TO AN APPLICATION SUBMITTED UNDER
THIS SECTION FOR THE ISSUANCE OF A CERTIFICATION OF NEED, OR
"(B) THE DATE ON WHICH SUCH APPLICATION IS RECEIVED IF AS
AUTHORIZED BY THE SECOND SENTENCE OF SUCH PARAGRAPH NO NOTICE IS
PUBLISHED WITH RESPECT TO SUCH APPLICATION,
THE ADMINISTRATOR SHALL TAKE ACTION EITHER TO ISSUE OR DENY THE ISSUANCE
OF A CERTIFICATION OF NEED.
"(C)(1) IF THE ADMINISTRATOR FINDS THAT THE AMOUNT OF A CHEMICAL OR
SUBSTANCE NECESSARY FOR AN APPLIICANT UNDER AN APPLICATION SUBMITTED
UNDER THIS SECTION TO EFFECTIVELY TREAT WATER IN A PUBLIC WATER SYSTEM
OR IN A PUBLIC TREATMENT WORKS IS NOT REASONABLY AVAILABLE TO THE
APPLICANT OR WILL NOT BE SO AVAILABLE TO HIM WHEN REQUIRED FOR THE
EFFECTIVE TREATMENT OF SUCH WATER, THE ADMINISTRATOR SHALL ISSUE A
CERTIFICATION OF NEED. NOT LATER THAN SEVEN DAYS FOLLOWING THE ISSUANCE
OF SUCH CERTIFICATION, THE PRESIDENT OR HIS DELEGATE SHALL ISSUE AN
ORDER REQUIRING THE PROVISION TO SUCH PERSON OF SUCH AMOUNTS OF SUCH
CHEMICAL OR SUBSTANCE AS THE ADMINISTRATOR DEEMS NECESSARY IN THE
CERTIFICATION OF NEED ISSUED FOR SUCH PERSON. SUCH ORDER SHALL APPLY TO
SUCH MANFACTURERS, PRODUCERS, PROCESSORS, DISTRIBUTORS, AND REPACKAGERS
OF SUCH CHEMICAL OR SUBSTANCE AS THE PRESIDENT OR HIS DELEGATE DEEMS
NECESSARY AND APPROPRIATE, EXCEPT THAT SUCH ORDER MAY NOT APPLY TO ANY
MANUFACTURER, PRODUCER, OR PROCESSOR OF SUCH CHEMICAL OR SUBSTANCE WHO
MANFACTURES, PRODUCES, OR PROCESSES (AS THE CASE MAY BE) SUCH CHEMICAL
OR SUBSTANCE SOLELY FOR ITS OWN USE. PERSONS SUBJECT TO AN ORDER ISSUED
UNDER THIS SECTION SHALL BE GIVEN A REASONABLE OPPORTUNITY TO CONSULT
WITH THE PRESIDENT OR HIS DELEGATE WITH RESPECT TO THE IMPLEMENTATION OF
THE ORDER.
"(2) ORDERS WHICH ARE TO BE ISSUED UNDER PARAGRAPH (1) TO
MANFACTURERS, PRODUCERS, AND PROCESSORS OF A CHEMICAL OR SUBSTANCE SHALL
BE EQUITABLY APPORTIONED, AS FAR AS PRACTICABLE, AMONG ALL
MANUFACTURERS, PRODUCERS, AND PROCESSORS OF SUCH CHEMICAL OR SUBSTANCE;
AND ORDERS WHICH ARE TO BE ISSUED UNDER PARAGRAPH (1) TO DISTRIBUTORS
AND REPACKAGERS OF A CHEMICAL OR SUBSTANCE SHALL BE EQUITABLY
APPORTIONED, AS FAR AS PRACTICABLE, AMONG ALL DISTRIBUTORS AND
REPACKAGERS OF SUCH CHEMICAL OR SUBSTANCE. IN APPORTIONING ORDERS
ISSUED UNDER PARAGRAPH (1) TO MANUFACTURERS, PRODUCERS, PROCESSORS,
DISTRIBUTORS, AND REPACKAGERS OF CHLORINE, THE PRESIDENT OR HIS DELEGATE
SHALL, IN CARRYING OUT THE REQUIREMENTS OF THE PRECEDING SENTENCE,
CONSIDER--,
"(A) THE GEOGRAPHICAL RELATIONSHIPS AND ESTABLISHED COMMERCIAL
RELATIONSHIPS BETWEEN SUCH MANUFACTURERS, PRODUCERS, PROCESSORS,
DISTRIBUTORS, AND REPACKAGERS AND THE PERSONS FOR WHOM THE ORDERS
ARE ISSUED;
"(B) IN THE CASE OF ORDERS TO BE ISSUED TO PRODUCERS OF
CHLORINE, THE (I) AMOUNT OF CHLORINE HISTORICALLY SUPPLIED BY EACH
SUCH PRODUCER TO TREAT WATER IN PUBLIC WATER SYSTEMS AND PUBLIC
TREATMENT WORKS, AND (II) SHARE OF EACH SUCH PRODUCER OF THE TOTAL
ANNUAL PRODUCTION OF CHLORINE IN THE UNITED STATES; AND
"(C) SUCH OTHER FACTORS AS THE PRESIDENT OR HIS DELEGATE MAY
DETERMINE ARE RELEVANT TO THE APPORTIONMENT OF ORDERS IN
ACCORDANCE WITH THE REQUIREMENTS OF THE PRECEDING SENTENCE.
"(3) SUBJECT TO SUBSECTION (F), ANY PERSON FOR WHOM A CERTIFICATION
OF NEED HAS BEEN ISSUED UNDER THIS SUBSECTION MAY UPON THE EXPIRATION OF
THE ORDER ISSUED UNDER THIS SUBSECTION MAY UPON THE EXPIRATION OF THE
ORDER ISSUED UNDER PARAGRAPH (1) UPON SUCH CERTIFICATION APPLY UNDER
THIS SECTION FOR ADDITIONAL CERTIFICATIONS.
"(D) THERE SHALL BE AVAILABLE AS A DEFENSE TO ANY ACTION BROUGHT FOR
BREACH OF CONTRACT IN A FEDERAL OR STATE COURT ARISING OUT OF DELAY OR
FAILURE TO PROVIDE, SELL, OR OFFER FOR SALE OR EXCHANGE A CHEMICAL OR
SUBSTANCE SUBJECT TO AN ORDER ISSUED PURSUANT TO SUBSECTION (C)(1), THAT
SUCH DELAY OR FAILURE WAS CAUSED SOLELY BY COMPLIANCE WITH SUCH ORDER.
"(E)(1) WHOEVER KNOWINGLY FAILS TO COMPLY WITH ANY ORDER ISSUED
PURSUANT TO SUBSECTION (C)(1) SHALL BE FINED NOT MORE THAN $5,000 FOR
EACH SUCH FAILURE TO COMPLY.
"(2) WHOEVER FAILS TO COMPLY WITH ANY ORDER ISSUED PURSUANT TO
SUBSECTION (C)(1) SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN
$2,500 FOR EACH SUCH FAILURE TO COMPLY.
"(3) WHENEVER THE ADMINISTRATOR OF THE PRESIDENT OR HIS DELEGATE HAS
REASON TO BELIEVE THAT ANY PERSON IS VIOLATING OR WILL VIOLATE ANY ORDER
ISSUED PURSUANT TO SUBSECTION (C)(1), HE MAY PETITION A UNITED STATES
DISTRICT COURT TO ISSUE A TEMPORARY RESTRAINING ORDER OR PRELIMINARY OR
PERMANENT INJUNCTION (INCLUDING A MANDATORY INJUNCTION) TO ENFORCE THE
PROVISION OF SUCH ORDER.
"(F) NO CERTIFICATION OF NEED OR ORDER ISSUED UNDER THIS SECTION MAY
REMAIN IN EFFECT--,
"(1) FOR MORE THAN ONE YEAR, OR
"(2) AFTER JUNE 30, 1977, WHICHEVER OCCURS FIRST.
"RESEARCH, TECHNICAL ASSISTANCE, INFORMATION, TRAINING OF
PERSONNEL //42 USC 300J-1.//
"SEC. 1442. (A)(1) THE ADMINISTRATOR MAY CONDUCT RESEARCH, STUDIES,
AND DEMONSTRATIONS RELATING TO THE CAUSES, DIAGNOSIS, TREATMENT,
CONTROL, AND PREVENTION OF PHYSICAL AND MENTAL DISEASES AND OTHER
IMPAIRMENTS OF MAN RESULTING DIRECTLY OR INDIRECTLY FROM CONTAMINANTS IN
WATER, OR TO THE PROVISION OF A DEPENDABLY SAFE SUPPLY OF DRINKING
WATER, INCLUDING--,
"(A) IMPROVED METHODS (I) TO IDENTIFY AND MEASURE THE EXISTENCE
OF CONTAMINANTS IN DRINKING WATER (INCLUDING METHODS WHICH MAY BE
USED BY STATE AND LOCAL HEALTH AND WATER OFFICIALS), AND (II) TO
IDENTIFY THE SOURCE OF SUCH CONTAMINANTS;
"(B) IMPROVED METHODS TO IDENTIFY AMD MEASURE THE HEALTH
EFFECTS OF CONTAMINANTS IN DRINKING WATER;
"(C) NEW METHODS OF TREATING RAW WATER TO PREPARE IT FOR
DRINKING, SO AS TO IMPROVE THE EFFICIENCY OF WATER TREATMENT AND
TO REMOVE CONTAMINANTS FROM WATER;
"(D) IMPROVED METHODS FOR PROVIDING A DEPENDABLY SAFE SUPPLY OF
DRINKING WATER, INCLUDING IMPROVEMENTS IN WATER PURIFICATION AND
DISTRIBUTION, AND METHODS OF ASSESSING THE HEALTH RELATED HAZARDS
OF DRINKING WATER; AND
"(E) IMPROVED METHODS OF PROTECTING UNDERGROUND WATER SOURCES
OF PUBLIC WATER SYSTEMS FROM CONTAMINATION.
"(2) THE ADMINISTRATOR SHALL, TO THE MAXIMUM EXTENT FEASIBLE, PROVIDE
TECHNICAL ASSISTANCE TO THE STATES AND MUNCIPALITIES IN THE
ESTABLISHMENT AND ADMINISTRATION OF PUBLIC WATER SYSTEM SUPERVISION
PROGRAMS (AS DEFINED IN SECTION 1443(C)(1). //POST, P. 1684.//
"(3) THE ADMINISTRATOR SHALL CONDUCT STUDIES, AND MAKE PERIODIC
REPORTS TO CONGRESS, ON THE COSTS OF CARRYING OUT REGULATIONS PRESCRIBED
UNDER SECTION 1412. //ANTE, P. 1662.//
"(4) THE ADMINISTRATOR SHALL CONDUCT A SURVEY AND STUDY OF--,
"(A) DISPOSAL OF WASTE (INCLUDING RESIDENTIAL WASTE) WHICH MAY
ENDANGER UNDERGROUND WATER WHICH SUPPLIES, OR CAN REASONABLY BE
EXPECTED TO SUPPLY, ANY PUBLIC WATER SYSTEMS, AND
"(B) MEANS OF CONTROL OF SUCH WASTE DISPOSAL.
NOT LATER THAN ONE YEAR AFTER THE DATE OF ENACTMENT OF THIS TITLE, HE
SHALL TRANSMIT TO THE CONGRESS THE RESULTS OF SUCH SURVEY AND STUDY,
TOGETHER WITH SUCH RECOMMENDATIONS AS HE DEEMS APPROPRIATE.
"(5) THE ADMINISTRATOR SHALL CARRY OUT A STUDY OF METHODS OF
UNDERGROUND INJECTION WHICH DO NOT RESULT IN THE DEGRADATION OF
UNDERGROUND DRINKING WATER SOURCES.
"(6) THE ADMINISTRATOR SHALL CARRY OUT A STUDY OF METHODS OF
PREVENTING, DETECTING, AND DEALING WITH SURFACE SPILLS OF CONTAMINANTS
WHICH MAY DEGRADE UNDERGROUND WATER SOURCES FOR PUBLIC WATER SYSTEMS.
"(7) THE ADMINISTRATOR SHALL CARRY OUT A STUDY OF VIRUS CONTAMINATION
OF DRINKING WATER SOURCES AND MEANS OF CONTROL OF SUCH CONTAMINATION.
"(8) THE ADMINISTRATOR SHALL CARRY OUT A STUDY OF THE NATURE AND
EXTENT OF THE IMPACT ON UNDERGROUND WATER WHICH SUPPLIES OR CAN
REASONABLY BE EXPECTED TO SUPPLY PUBLIC WATER SYSTEMS OF (A) ABANDONED
INJECTION OR EXTRACTION WELLS; (B) INTENSIVE APPLICATION OF PESTICIDES
AND FERTILIZERS IN UNDERGROUND WATER RECHARGE AREAS; AND (C) PONDS,
POOLS, LAGOONS, PITS, OR OTHER SURFACE DISPOSAL OF CONTAMINANTS IN
UNDERGROUND WATER RECHARGE AREAS.
"(9) THE ADMINISTRATOR SHALL CONDUCT A COMPREHENSIVE STUDY OF PUBLIC
WATER SUPPLIES AND DRINKING WATER SOURCES TO DETERMINE THE NATURE,
EXTENT, SOURCES OF AND MEANS OF CONTROL OF CONTAMINATION BY CHEMICALS OR
OTHER SUBSTANCES SUSPECTED OF BEING CARCINOGENIC. NOT LATER THAN SIX
MONTHS AFTER THE DATE OF ENACTMENT OF THIS TITLE, HE SHALL TRANSMIT TO
THE CONGRESS THE INITIAL RESULTS OF SUCH STUDY, TOGETHER WITH SUCH
RECOMMENDATIONS FOR FURTHER REVIEW AND CORRECTIVE ACTION AS HE DEEMS
APPROPRIATE.
"(B) IN CARRYING OUT THIS TITLE, THE ADMINISTRATOR IS AUTHORIZED
TO--,
"(1) COLLECT AND MAKE AVAILABLE INFORMATION PERTAINING TO
RESEARCH, INVESTIGATIONS, AND DEMONSTRATIONS WITH RESPECT TO
PROVIDING A DEPENDABLY SAFE SUPPLY OF DRINKING WATER TOGETHER WITH
APPROPRIATE RECOMMENDATIONS IN CONNECTION THEREWITH;
"(2) MAKE AVAILABLE RESEARCH FACILITIES OF THE AGENCY TO
APPROPRIATE PUBLIC AUTHORITIES, INSTITUTIONS, AND INDIVIDUALS
ENGAGED IN STUDIES AND RESEARCH RELATING TO THE PURPOSES OF THIS
TITLE;
"(3) MAKE GRANTS TO, AND ENTER INTO CONTRACTS WITH, ANY PUBLIC
AGENCY, EDUCATIONAL INSTITUTION, AND ANY OTHER ORGANIZATION, IN
ACCORDANCE WITH PROCEDURES PRESCRIBED BY THE ADMINISTRATOR, UNDER
WHICH HE MAY PAY ALL OR A PART OF THE COSTS (AS MAY BE DETERMINED
BY THE ADMINISTRATOR) OF ANY PROJECT OR ACTIVITY WHICH IS
DESIGNED--,
"(A) TO DEVELOP, EXPAND, OR CARRY OUT A PROGRAM (WHICH MAY
COMBINE TRAINING EDUCATION AND EMPLOYMENT) FOR TRAINING PERSONS
FOR OCCUPATIONS INVOLVING THE PUBLIC HEALTH ASPECTS OF PROVIDING
SAFE DRINKING WATER;
"(B) TO TRAIN INSPECTORS AND SUPERVISORY PERSONNEL TO TRAIN OR
SUPERVISE PERSONS IN OCCUPATIONS INVOLVING THE PUBLIC HEALTH
ASPECTS OF PROVIDING SAFE DRINKING WATER; OR
"(C) TO DEVELOP AND EXPAND THE CAPABILITY OF PROGRAMS OF STATES
AND MUNICIPALITIES TO CARRY OUT THE PURPOSES OFTHIS TITLE (OTHER
THAN BY CARRYING OUT STATE PROGRAMS OF PUBLIC WATER SYSTEM
SUPERVISION OR UNDERGROUND WATER SOURCE PROTECTION (AS DEFINED IN
SECTION 1443(D).
"(C) THERE ARE AUTHORIZED TO BE APPROPRIATED TO CARRY OUT THE
PROVISIONS OF THIS SECTION $15,000,000 FOR THE FISCAL YEAR ENDING JUNE
30, 1975; $25,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1976; AND
$35,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1977.
"GRANTS FOR STATE PROGRAMS //42 USC 300J-2.//
"SEC. 1443. (A)(1) FROM ALLOTMENTS MADE PURSUANT TO PARAGRAPH (4),
THE ADMINISTRATOR MAY MAKE GRANTS TO STATES TO CARRY OUT PUBLIC WATER
SYSTEMS SUPERVISION PROGRAMS.
"(2) NO GRANT MAY BE MADE UNDER PARAGRAPH (1) UNLESS AN APPLICATION
THEREFOR HAS BEEN SUBMITTED TO THE ADMINISTRATOR IN SUCH FORM AND MANNER
AS HE MAY REQUIRE. THE ADMINISTRATOR MAY NOT APPROVE AN APPLICATION OF
A STATE FOR ITS FIRST GRANT UNDER PARAGRAPH (1) UNLESS HE DETERMINES
THAT THE STATE--,
"(A) HAS ESTABLISHED OR WILL ESTABLISH WITHIN ONE YEAR FROM THE
DATE OF SUCH GRANT A PUBLIC WATER SYSTEM SUPERVISION PROGRAM, AND
"(B) WILL, WITHIN THAT ONE YEAR, ASSUME PRIMARY ENFORCEMENT
RESPONSIBILITY FOR PUBLIC WATER SYSTEMS WITH THE STATE.
"(3) A GRANT UNDER PARAGRAPH (1) FOR ANY PERIOD BEGINNING MORE THAN
ONE YEAR AFTER THE DATE OF THE STATE'S FIRST GRANT UNLESS THE STATE HAS
ASSUMED AND MAINTAINS PRIMARY ENFORCEMENT RESPONSIBILITY FOR PUBLIC
WATER SYSTEMS WITHIN THE STATE.
"(3) A GRANT UNDER PARAGRAPH (1) SHALL BE MADE TO COVER NOT MORE THAN
75 PER CENTUM OF THE GRANT RECIPIENT'S COSTS (AS DETERMINED UNDER
REGULATIONS OF THE ADMINISTRATOR) IN CARRYING OUT, DURING THE ONE-YEAR
PERIOD BEGINNING ON THE DATE THE GRANT IS MADE, A PUBLIC WATER SYSTEM
SUPERVISION PROGRAM.
"(4) IN EACH FISCAL YEAR THE ADMINISTRATOR SHALL, IN ACCORDANCE WITH
REGULATIONS, ALLOT THE SAME APPROPRIATED FOR SUCH YEAR UNDER PARAGRAPH
(5) AMONG THE STATES ON THE BASIS OF POPULATION, GEOGRAPHICAL AREA,
NUMBER OF PUBLIC WATER SYSTEMS, AND OTHER RELEVANT FACTORS. NO STATE
SHALL RECEIVE LESS THAN 1 PER CENTUM OF THE ANNUAL APPROPRIATION FOR
GRANTS UNDER PARAGRAPH (1): PROVIDED, THAT THE ADMINISTRATOR MAY, BY
REGULATION, REDUCE SUCH PERCENTAGE IN ACCORDANCE WITH THE CRITERIA
SPECIFIED IN THIS PARAGRAPH: AND PROVIDED FURTHER, THAT SUCH PERCENTAGE
SHALL NOT APPLY TO GRANTS ALLOTTED TO GUAM, AMERICAN SAMOA, OR THE
VIRGIN ISLANDS.
"(5) FOR PURPOSES OF MAKING GRANTS UNDER PARAGRAPH (1) THERE ARE
AUTHORIZED TO BE APPROPRIATED $15,000,000 FOR THE FISCAL YEAR ENDING
JUNE 30, 1976, AND $25,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1977.
"(B)(1) FROM ALLOTMENTS MADE PURSUANT TO PARAGRAPH (4), THE
ADMINISTRATOR MAY MAKE GRANTS TO STATES TO CARRY OUT UNDERGROUND WATER
SOURCE PROTECTION PROGRAMS.
"(2) NO GRANT MAY BE MADE UNDER PARAGRAPH (1) UNLESS AN APPLICATION
THEREFOR HAS BEEN SUBMITTED TO THE ADMINISTRATOR IN SUCH FORM AND MANNER
AS HE MAY REQUIRE. THE ADMINISTRATOR MAY NOT APPROVE AN APPLICATION OF
A STATE FOR ITS FIRST GRANT UNDER PARAGRAPH (1) UNLESS HE DETERMINES
THAT THE STATE--,
"(A) HAS ESTABLISHED OR WILL ESTABLISH WITHIN TWO YEARS FROM
THE DATE OF SUCH GRANT AN UNDERGROUND WATER SOURCE PROTECTION, AND
"(B) WILL, WITHIN SUCH TWO YEARS, ASSUME PRIMARY ENFORCEMENT
RESPONSIBILITY FOR UNDERGROUND WATER SOURCES WITHIN THE STATE.
NO GRANT MAY BE MADE TO A STATE UNDER PARAGRAPH (1) FOR ANY PERIOD
BEGINNING MORE THAN TWO YEARS AFTER THE DATE OF THE STATE'S FIRST GRANT
UNLESS THE STATE HAS ASSUMED AND MAINTAINS PRIMARY ENFORCEMENT
RESPONSIBILITY FOR UNDERGROUND WATER SOURCES WITHIN THE STATE.
"(3) A GRANT UNDER PARAGRAPH (1) SHALL BE MADE TO COVER NOT MORE THAN
75 PER CENTUM OF THE GRANT RECIPIENT'S COSTS (AS DETERMINED UNDER
REGULATIONS OF THE ADMINISTRATOR) IN CARRYING OUT, DURING THE ONE-YEAR
PERIOD BEGINNING ON THE DATE THE GRANT IS MADE, AN UNDERGROUND WATER
SOURCE PROTECTION PROGRAM.
"(4) IN EACH FISCAL YEAR THE ADMINISTRATOR SHALL, IN ACCORDANCE WITH
REGULATIONS, ALLOT THE SUMS APPROPRIATED FOR SUCH YEAR UNDER PARAGRAPH
(5) AMONG THE STATES ON THE BASIS OF POPULATION, GEOGRAPHICAL AREA, AND
OTHER RELEVANT FACTORS.
"(5) FOR PURPOSES OF MAKING GRANTS UNDER PARAGRAPH (1) THERE ARE
AUTHORIZED TO BE APPROPRIATED $5,000,000 FOR THE FISCAL YEAR ENDING JUNE
30, 1976, AND $7,500,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1977.
"(C) FOR PURPOSES OF THIS SECTION:
"(1) THE TERM 'PUBLIC WATER SYSTEM SUPERVISION PROGRAM' MEANS A
PROGRAM FOR THE ADOPTION AND ENFORCEMENT OF DRINKING WATER
REGULATIONS (WITH SUCH VARIANCES AND EXEMPTIONS FROM SUCH
REGULATIONS UNDER CONDITIONS AND IN A MANNER WHICH IS NOT LESS
STRINGENT THAN THE CONDITIONS UNDER, AND THE MANNER IN, WHICH
VARIANCES AND EXEMPTIONS MAY BE GRANTED UNDER SECTIONS 1415 AND
1416) //ANTE, PP. 1669, 1672.// WHICH ARE NO LESS STRINGENT THAN
THE NATIONAL PRIMARY DRINKING WATER REGULATIONS UNDER SECTION
1412, //ANTE, P. 1662.// AND FOR KEEPING RECORDS AND MAKING
REPORTS REQUIRED BY SECTION 1413(A)(3). //ANTE, P. 1674.//
"(2) THE TERM 'UNDERGROUND WATER SOURCE PROTECTION PROGRAM
MEANS A PROGRAM FOR THE ADOPTION AND ENFORCEMENT OF A PROGRAM
//ANTE, P. 1674.// WHICH MEETS THE REQUIREMENTS FOR REGULATIONS
UNDER SECTION 1421 AND FOR KEEPING RECORDS AND MAKING REPORTS
REQUIRED BY SECTION 1422(B)(1)(A)(II). //ANTE, P. 1676.//
"SPECIAL STUDY AND DEMONSTRATION PROJECT GRANTS; GUARANTEED
LOANS //42 USC 300J-3.//
"SEC. 1444. (A) THE ADMINISTRATOR MAY MAKE GRANTS TO ANY PERSON FOR
THE PURPOSE OF--,
"(1) ASSISTING IN THE DEVELOPMENT AND DEMONSTRATION (INCLUDING
CONSTRUCTION) OF ANY PROJECT WHICH WILL DEMONSTRATE A NEW OR
IMPROVED METHOD, APPROACH, OR TECHNOLOGY, FOR PROVIDING A
DEPENDABLY SAFE SUPPLY OF DRINKING WATER TO THE PUBLIC; AND
"(2) ASSISTING IN THE DEVELOPMENT AND DEMONSTRATION (INCLUDING
CONSTRUCTION) OF ANY PROJECT WHICH WILL INVESTIGATE AND
DEMONSTRATE HEALTH IMPLICATIONS INVOLVED IN THE RECLAMATION,
RECYCLING, AND REUSE OF WASTE WATERS FOR DRINKING AND THE
PROCESSES AND METHODS FOR THE PREPARATION OF SAFE AND ACCEPTABLE
DRINKING WATER.
"(B) GRANTS MADE BY THE ADMINISTRATOR UNDER THIS SECTION SHALL BE
SUBJECT TO THE FOLLOWING LIMITATIONS:
"(1) GRANTS UNDER THIS SECTION SHALL NOT EXCEED 66 2/3 PER
CENTUM OF THE TOTAL COST OF CONSTRUCTION OF ANY FACILITY AND 75
PER CENTUM OF ANY OTHER COSTS, AS DETERMINED BY THE ADMINISTRATOR.
"(2) GRANTS UNDER THIS SECTION SHALL NOT BE MADE FOR ANY
PROJECT INVOLVING THE CONSTRUCTION OR MODIFICATION OF ANY
FACILITIES FOR ANY PUBLIC WATER SYSTEM IN A STATE UNLESS SUCH
PROJECT HAS BEEN APPROVED BY THE STATE AGENCY CHARGED WITH THE
RESPONSIBILITY FOR SAFETY OF DRINKING WATER (OR IF THERE IS NO
AGENCY IN A STATE, BY THE STATE HEALTH AUTHORITY).
"(3) GRANTS UNDER THIS SECTION SHALL NOT BE MADE FOR ANY
PROJECT UNLESS THE ADMINISTRATOR DETERMINES, AFTER CONSULTING THE
NATIONAL DRINKING WATER ADVISORY COUNCIL, THAT SUCH PROJECT WILL
SERVE A USEFUL PURPOSE RELATING TO THE DEVELOPMENT AND
DEMONSTRATION OF NEW OR IMPROVED TECHNIQUES, METHODS, OR
TECHNOLOGIES FOR THE PROVISION OF SAFE WATER TO THE PUBLIC FOR
DRINKING.
"(4) PRIORITY FOR GRANTS UNDER THIS SECTION SHALL BE GIVEN
WHERE THERE ARE KNOWN OR POTENTIAL PUBLIC HEALTH HAZARDS WHICH
REQUIRE ADVANCED TECHNOLOGY FOR THE REMOVAL OF PARTICLES WHICH ARE
TOO SMALL TO BE REMOVED BY ORDINARY TREATMENT TECHNOLOGY.
"(C) FOR THE PURPOSES OF MAKING GRANTS UNDER SUBSECTIONS (A) AND (B)
OF THIS SECTION THERE ARE AUTHORIZED TO BE APPROPRIATED $7,500,000 FOR
THE FISCAL YEAR ENDING JUNE 30, 1975; AND $7,500,000 FOR THE FISCAL
YEAR ENDING JUNE 30, 1976; AND $10,000,000 FOR THE FISCAL YEAR ENDING
JUNE 30, 1977.
"(D) THE ADMINISTRATOR DURING THE FISCAL YEARS ENDING JUNE 30, 1975,
AND JUNE 30, 1976, SHALL CARRY OUT A PROGRAM OF GUARANTEEING LOANS MADE
BY PRIVATE LENDERS TO SMALL PUBLIC WATER SYSTEMS FOR THE PURPOSE OF
ENABLING SUCH SYSTEMS TO MEET NATIONAL PRIMARY DRINKING WATER
REGULATIONS (INCLUDING INTERIM REGULATIONS) PRESCRIBED UNDER SECTION
1412. //ANTE, P. 1662.// NO SUCH GUARANTEE MAY BE MADE WITH RESPECT TO
A SYSTEM UNLESS (1) SUCH SYSTEM CANNOT REASONABLY OBTAIN FINANCIAL
ASSISTANCE NECESSARY TO COMPLY WITH SUCH REGULATIONS FROM ANY OTHER
SOURCE, AND (2) THE ADMINISTRATOR DETERMINES THAT ANY FACILITIES
CONSTRUCTED WITH A LOAN GUARANTEED UNDER THIS SUBSECTION IS NOT LIKELY
TO BE MADE OBSOLETE BY SUBSEQUENT CHANGES IN PRIMARY REGULATIONS. THE
AGGREGATE AMOUNT OF INDEBTEDNESS GURANTEED WITH RESPECT TO ANY SYSTEM
MAY NOT EXCEED $50,000. THE AGGREGATE AMOUNT OF INDEBTEDNESS GUARANTEED
UNDER THIS SUBSECTION MAY NOT EXCEED $50,000. THE ADMINISTRATOR SHALL
PRESCRIBE REGULATIONS TO CARRY OUT THIS SUBSECTION.
"RECORDS AND INSPECTIONS //42 USC 300J-4.//
"SEC. 1445. (A) EVERY PERSON WHO IS A SUPPLIER OF WATER, WHO IS OR
MAY BE OTHERWISE SUBJECT TO A PRIMARY DRINKING WATER REGULATION
PRESCRIBED UNDER SECTION 1412 OR TO AN APPLICABLE UNDERGROUND INJECTION
CONTROL PROGRAM (AS DEFINED IN SECTION 1422(C)), WHO IS OR MAY BE
SUBJECT TO THE PERMIT REQUIREMENT OF SECTION 1424 OR TO AN ORDER ISSUED
UNDER SECTION 1441, OR WHO IS A GRANTEE, SHALL ESTABLISH AND MAINTAIN
SUCH RECORDS, MADE SUCH REPORTS, CONDUCT SUCH MONITORING, AND PROVIDE
SUCH INFORMATION AS THE ADMINISTRATOR MAY REASONABLY REQUIRE BY
REGULATION TO ASSIST HIM IN ESTABLISHING REGULATIONS UNDER THIS TITLE,
IN DETERMINING WHETHER SUCH PERSON HAS ACTED OR IS ACTING IN COMPLIANCE
WITH THIS TITLE, OR IN ADMINISTERING ANY PROGRAM IN FINANCIAL ASSISTANCE
UNDER THIS TITLE.
"(B)(1) EXCEPT AS PROVIDED IN PARAGRAPH (2), THE ADMINISTRATOR, OR
REPRESENTATIVES OF THE ADMINISTRATOR DULY DESIGNATED BY HIM, UPON
PRESENTING APPROPRIATE CREDENTIALS AND A WRITTEN NOTICE TO ANY SUPPLIER
OF WATER OR OTHER PERSON SUBJECT TO A NATIONAL PRIMARY DRINKING WATER
REGULATION PRESCRIBED UNDER SECTION 1412 //ANTE, P. 1662.// OR
APPLICABLE UNDERGROUND INJECTION CONTROL PROGRAM (OR PERSON IN CHARGE OF
ANY OF THE PROPERTY OF SUCH SUPPLIER OR OTHER PERSON), IS AUTHORIZED TO
ENTER ANY ESTABLISHMENT, FACILITY, OR OTHER PROPERTY OF SUCH SUPPLIER OR
OTHER PERSON IN ORDER TO DETERMINE WHETHER SUCH SUPPLIER OR OTHER PERSON
HAS ACTED OR IS ACTING IN COMPLIANCE WITH THIS TITLE, INCLUCING FOR THIS
PURPOSE, INSPECTION, AT REASONABLE TIMES, OF RECORDS, FILES, PAPERS,
PROCESSES, CONTROLS, AND FACILITIES, OR IN ORDER TO TEST ANY FEATURE OF
A PUBLIC WATER SYSTEM, INCLUDING ITS RAW WATER SOURCE. THE
ADMINISTRATOR OR THE COMPTROLLER GENERAL (OR ANY REPRESENTATIVE
DESIGNATED BY EITHER) SHALL HAVE ACCESS FOR THE PURPOSE OF AUDIT AND
EXAMINATION TO ANY RECORDS, REPORTS, OR INFORMATION OF A GRANTEE WHICH
ARE REQUIRED TO BE MAINTAINED UNDER SUBSECTION (A) OR WHICH ARE
PERTINENT TO ANY FINANCIAL ASSISTANCE UNDER THIS TITLE.
"(2) NO ENTRY MAY BE MADE UNDER THE FIRST SENTENCE OF PARAGRAPH (1)
IN AN ESTABLISHMENT, FACILITY, OR OTHER PROPERTY OF A SUPPLIER OF WATER
OR OTHER PERSON SUBJECT TO A NATIONAL PRIMARY DRINKING WATER REGULATION
IF THE ESTABLISHMENT, FACILITY, OR OTHER PROPERTY IS LOCATED IN A STATE
WHICH HAS PRIMARY ENFORCEMENT RESPONSIBILITY FOR PUBLIC WATER SYSTEMS
UNLESS, BEFORE WRITTEN NOTICE OF SUCH ENTRY IS MADE, THE ADMINISTRATOR
(OR HIS REPRESENTATIVE) NOTIFIES THE STATE AGENCY CHARGED WITH
RESPONSIBILITY FOR SAFE DRINKING WATER OF THE REASONS FOR SUCH ENTRY.
THE ADMINISTRATOR SHALL, UPON A SHOWING BY THE STATE AGENCY THAT SUCH A
ENTRY WILL BE DETRIMENTAL TO THE ADMINISTRATION OF THE STATE'S PROGRAM
OF PRIMARY ENFORCEMENT RESPONSIBILITY, TAKE SUCH SHOWING INTO
CONSIDERATION IN DETERMINING WHETHER TO MAKE SUCH ENTRY. NO STATE
AGENCY WHICH RECEIVES NOTICE UNDER THIS PARAGRAPH OF AN ENTRY PROPOSED
TO BE MADE UNDER PARAGRAPH (1) MAY USE THE INFORMATION CONTAINED IN THE
NOTICE TO INFORM THE PERSON WHOSE PROPERTY IS PROPOSED TO BE ENTERED OF
THE PROPOSED ENTRY; AND IF A STATE AGENCY SO USES SUCH INFORMATION,
NOTICE TO THE AGENCY UNDER THIS PARAGRAPH IS NOT REQUIRED UNTIL SUCH
TIME AS THE ADMINISTRATOR DETERMINES THE AGENCY HAS PROVIDED HIM
SATISFACTORY ASSURANCES THAT IT WILL NO LONGER SO USE INFORMATION
CONTAINED IN A NOTICE UNDER THIS PARAGRAPH.
"(C) WHOEVER FAILS OR REFUSES TO COMPLY WITH ANY REQUIREMENT OF
SUBSECTION (A) OR TO ALLOW THE ADMINISTRATOR, THE COMPTROLLER GENERAL,
OR REPRESENTATIVES OF EITHER, TO ENTER AND CONDUCT ANY AUDIT OR
INSPECTION AUTHORIZED BY SUBSECTION (B) MAY BE FINED NOT MORE THAN
$5,000.
"(D)(1) SUBJECT TO PARAGRAPH (2), UPON A SHOWING SATISFACTORY TO THE
ADMINISTRATOR BY ANY PERSON THAT ANY INFORMATION REQUIRED UNDER THIS
SECTION FROM SUCH PERSON, IF MADE PUBLIC, WOULD DIVULGE TRADE SECRETS OR
SECRET PROCESSES OF SUCH PERSON, THE ADMINISTRATOR SHALL CONSIDER SUCH
INFORMATION CONFIDENTIAL IN ACCORDANCE WITH THE PURPOSES OF SECTION 1905
OF TITLE 18 OF THE UNITED STATES CODE. IF THE APPLICANT FAILS TO MAKE A
SHOWING SATISFACTORY TO THE ADMINISTRATOR, THE ADMINISTRATOR SHALL GIVE
SUCH APPLICANT THIRTY DAYS' NOTICE BEFORE RELEASING THE INFORMATION TO
WHICH THE APPLICATION RELATES (UNLESS THE PUBLIC HEALTH OR SAFETY
REQUIRES AN EARLIER RELEASE OF SUCH INFORMATION).
"(2) ANY INFORMATION REQUIRED UNDER THIS SECTION (A) MAY BE DISCLOSED
TO OTHER OFFICERS, EMPLOYEES, OR AUTHORIZED REPRESENTATIVES OF THE
UNITED STATES CONCERNED WITH CARRYING OUT THIS TITLE OR TO COMMITTEES OF
THE CONGRESS, OR WHEN RELEVANT IN ANY PROCEEDING UNDER THIS TITLE, AND
(B) SHALL BE DISCLOSED TO THE EXTENT IT DEALS WITH THE LEVEL OF
CONTAMINANTS IN DRINKING WATER. FOR PURPOSES OF THIS SUBSECTION THE
TERM 'INFORMATION REQUIRED UNDER THIS SECTION' MEANS ANY PAPERS, BOOKS,
DOCUMENTS, OR INFORMATION, OR ANY PARTICULAR PART THEREOF, REPORTED TO
OR OTHERWISE OBTAINED BY THE ADMINISTRATOR UNDER THIS SECTION.
"(E) FOR PURPOSES OF THIS SECTION, (1) THE TERM 'GRANTEE' MEANS ANY
PERSON WHO APPLIES FOR OR RECEIVES FINANCIAL ASSISTANCE, BY GRANT,
CONTRACT, OR LOAN GUARANTEE UNDER THIS TITLE, AND (2) THE TERM 'PERSON'
INCLUDES A FEDERAL AGENCY.
"NATIONAL DRINKING WATER ADVISORY COUNCIL //42 USC 300J-5.//
"SEC. 1446. (A) THERE IS ESTABLISHED A NATIONAL DRINKING WATER
ADVISORY COUNCIL WHICH SHALL CONSIST OF FIFTEEN MEMBERS APPOINTED BY THE
ADMINISTRATOR AFTER CONSULTATION WITH THE SECRETARY. FIVE MEMBERS SHALL
BE APPOINTED FROM THE GENERAL PUBLIC; FIVE MEMBERS SHALL BE APPOINTED
FROM APPROPRIATE STATE AND LOCAL AGENCIES CONCERNED WITH WATER HYGIENE
AND PUBLIC WATER SUPPLY; AND FIVE MEMBERS SHALL BE APPOINTED FROM
REPRESENTATIVES OF PRIVATE ORGANIZATIONS OR GROUPS DEMONSTRATING AN
ACTIVE INTEREST IN THE FIELD OF WATER HYGIENE AND PUBLIC WATER SUPPLY.
EACH MEMBER OF THE COUNCIL SHALL HOLD OFFICE FOR A TERM OF THREE YEARS,
EXCEPT THAT--,
"(1) ANY MEMBER APPOINTED TO FILL A VACANCY OCCURRING PRIOR TO
THE EXPIRATION OF THE TERM FOR WHICH HIS PREDECESSOR WAS APPOINTED
SHALL BE APPOINTED FOR THE REMAINDER OF SUCH TERM; AND
"(2) THE TERMS OF THE MEMBERS FIRST TAKING OFFICE SHALL EXPIRE
AS FOLLOWS: FIVE SHALL EXPIRE THREE YEARS AFTER THE DATE OF
ENACTMENT OF THIS TITLE, FIVE SHALL EXPIRE TWO YEARS AFTER SUCH
DATE, AND FIVE SHALL EXPIRE ONE YEAR AFTER SUCH DATE, AS
DESIGNATED BY THE ADMINISTRATOR AT THE TIME APPOINTMENT.
THE MEMBERS OF THE COUNCIL SHALL BE ELIGIBLE FOR REAPPOINTMENT.
"(B) THE COUNCIL SHALL ADVISE, CONSULT WITH, AND MAKE RECOMMENDATIONS
TO, THE ADMINISTRATOR ON MATTERS RELATING TO ACTIVITIES, FUNCTIONS, AND
POLICIES OF THE AGENCY UNDER THIS TITLE.
"(C) MEMBERS OF THE COUNCIL APPOINTED UNDER THIS SECTION SHALL, WHILE
ATTENDING MEETINGS OR CONFERENCES OF THE COUNCIL OR OTHERWISE ENGAGED IN
BUSINESS OF THE COUNCIL, RECEIVE COMPENSATION AND ALLOWANCES AT A RATE
TO BE FIXED BY THE ADMINISTRATOR, BUT NOT EXCEEDING THE DAILY EQUIVALENT
OF THE ANNUAL RATE OF BASIC IN EFFECT FOR GRADE GS-18 OF THE GENERAL
SCHEDULE //5 USC 5332 NOTE.// FOR EACH DAY (INCLUDING TRAVELTIME)
DURING WHICH THEY ARE ENGAGED IN THE ACTUAL PERFORMANCE OF DUTIES
VESTED IN THE COUNCIL. WHILE AWAY FROM THEIR HOMES OR REGULAR PLACES OF
BUSINESS IN THE PERFORMANCE OF SERVICES FOR THE COUNCIL, MEMBERS OF THE
COUNCIL SHALL BE ALLOWED TRAVEL EXPENSES, INCLUDING PER DIEM IN LIEU OF
SUBSISTENCE, IN THE SAME MANNER AS PERSONS EMPLOYED INTERMITTENTLY IN
THE GOVERNMENT SERVICE ARE ALLOWED EXPENSES UNDER SECTION 5703(B) OF
TITLE 5 OF THE UNITED STATES CODE.
"(D) SECTION 14(A) OF THE FEDERAL ADVISORY COMMITTEE ACT //86 STAT.
776.// (RELATING TO TERMINATION) SHALL NOT APPLY TO THE COUNCIL.
"FEDERAL AGENCIES //42 USC 300J-6.//
"SEC. 1447. (A) EACH FEDERAL AGENCY HAVING JURISDICTION OVER ANY
FEDERALLY OWNED OR MAINTAINED PUBLIC WATER SYSTEM SHALL COMPLY WITH ALL
NATIONAL PRIMARY DRINKING DRINKING REGULATIONS IN EFFECT UNDER SECTION
1412, //ANTE, P. 1662.// AND EACH FEDERAL AGENCY SHALL COMPLY WITH ANY
APPLICABLE UNDERGROUND INJECTION CONTROL PROGRAM, AND SHALL KEEP SUCH
RECORDS AND SUBMIT SUCH REPORTS AS MAY BE REQUIRED UNDER SUCH PROGRAM.
"(B) THE ADMINISTRATOR SHALL WAIVE COMPLIANCE WITH SUBSECTION (A)
UPON REQUEST OF THE SECRETARY OF DEFENSE AND UPON A DETERMINATION BY THE
PRESIDENT THAT THE REQUESTED WAIVER IS NECESSARY IN THE INTEREST OF
NATIONAL SECURITY. THE ADMINISTRATOR SHALL MAINTAIN A WRITTEN RECORD OF
THE BASIS UPON WHICH SUCH WAIVER WAS GRANTED AND MAKE SUCH RECORD
AVAILABLE FOR IN CAMERA EXAMINATION WHEN RELEVANT IN A JUDICIAL
PROCEEDING UNDER THIS TITLE. UPON THE ISSUANCE OF SUCH A WAIVER, THE
ADMINISTRATOR SHALL PUBLISH IN THE FEDERAL REGISTER A NOTICE THAT THE
WAIVER WAS GRANTED FOR NATIONAL SECURITY PURPOSES, UNLESS, UPON THE
REQUEST OF THE SECRETARY OF DEFENSE, THE ADMINISTRATOR DETERMINES TO
OMIT SUCH PUBLICATION BECAUSE THE PUBLICATION ITSELF WOULD BE CONTRARY
TO THE INTERESTS OF NATIONAL SECURITY, IN WHICH EVENT THE ADMINISTRATOR
SHALL SUBMIT NOTICE TO THE ARMED SERVICES COMMITTEE OF THE SENATE AND
HOUSE OF REPRESENTATIVES.
"JUDICIAL REVIEW //42 USC 300J-7.//
"SEC. 1448. (A) A PETITION FOR REVIEW OF--,
"(1) ACTION OF THE ADMINISTRATOR IN PROMULGATING ANY NATIONAL
PRIMARY DRINKING WATER REGULATION UNDER SECTION 1412, ANY
REGULATION UNDER SECTION 1413(B)(1), ANY REGUALTION UNDER SECTION
1414(C), ANY REGULATION FOR STATE UNDERGROUND INJECTION CONTROL
PROGRAMS UNDER SECTION 1421, OR ANY GENERAL REGULATION FOR THE
ADMINISTRATION OF THIS TITLE MAY BE FILED ONLY IN THE UNITED
STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT; AND
"(2) ACTION OF THE ADMINISTRATOR IN PROMULGATING ANY OTHER
REGULATION UNDER THIS TITLE, ISSUING ANY ORDER UNDER THIS TITLE,
OR MAKING ANY DETERMINATION UNDER THIS TITLE MAY BE FILED ONLY IN
THE UNITED STATES COURT OF APPEALS FOR THE APPROPRIATE CIRCUIT.
ANY SUCH PETITION SHALL BE FILED WITHIN THE 45-DAY PERIOD BEGINNING ON
THE DATE OF THE PROMULGATION OF THE REGULATION OR ISSUANCE OF THE ORDER
WITH RESPECT TO WHICH REVIEW IS SOUGHT OR ON THE DATE OF THE
DETERMINATION WITH RESPECT TO WHICH REVIEW IS SOUGHT, AND MAY BE FILED
AFTER THE EXPIRATION OF SUCH 45-DAY PERIOD IF THE PETITION IS BASED
SOLELY ON GROUNDS ARISING AFTER THE EXPIRATION OF SUCH PERIOD. ACTION
OF THE ADMINISTRATOR WITH RESPECT TO WHICH REVIEW COULD HAVE BEEN
OBTAINED UNDER THIS SUBSECTION SHALL NOT BE SUBJECT TO JUDICIAL REVIEW
IN ANY CIVIL OR CRIMINAL PROCEEDING FOR ENFORCEMENT OR IN ANY CIVIL
ACTION TO ENJOIN ENFORCEMENT.
"(B) THE UNITED STATES DISTRICT COURTS SHALL HAVE JURISDICTION OF
ACTIONS BROUGHT TO REVIEW (1) THE GRANTING OF, OR THE REFUSING TO GRANT,
A VARIANCE OR EXEMPTION UNDER SECTION 1415 OR 1416 OR (2) THE
REQUIREMENTS OF ANY SCHEDULE PRESCRIBED FOR A VARIANCE OR EXEMPTION
UNDER SUCH SECTION OR THE FAILURE TO PRESCRIBE SUCH A SCHEDULE. SUCH AN
ACTION MAY ONLY BE BROUGHT UPON A PETITION FOR REVIEW FILED WITH THE
COURT WITHIN THE 45-DAY PERIOD BEGINNING ON THE DATE THE ACTION SOUGHT
TO BE REVIEWED IS TAKEN OR, IN THE CASE OF A PETITION TO REVIEW THE
REFUSAL TO GRANT A VARIANCE OR EXEMPTION OR THE FAILURE TO PRESCRIBE A
SCHEDULE, WITHIN THE 45-DAY PERIOD BEGINNING ON THE DATE ACTION IS
REQUIRED TO BE TAKEN ON THE VARIANCE, EXEMPTION, OR SCHEDULE, AS THE
CASE MAY BE. A PETITION FOR SUCH REVIEW MAY BE FILED AFTER THE
EXPIRATION OF SUCH PERIOD IF THE PETITION IS BASED SOLELY ON GROUNDS
ARISING AFTER THE EXPIRATION OF SUCH PERIOD. ACTION WITH RESPECT TO
WHICH REVIEW COULD HAVE BEEN OBTAINED UNDER THIS SUBSECTION SHALL NOT BE
SUBJECT TO JUDICIAL REVIEW IN ANY CIVIL OR CRIMINAL PROCEEDING FOR
ENFORCEMENT OR IN ANY CIVIL ACTION TO ENJOIN ENFORCEMENT.
"(C) IN ANY JUDICIAL PROCEEDING IN WHICH REVIEW IS SOUGHT OF A
DETERMINATION UNDER THIS TITLE REQUIRED TO BE MADE ON THE RECORD AFTER
NOTICE AND OPPORTUNITY FOR HEARING, IF ANY PARTY APPLIES TO THE COURT
FOR LEAVE TO ADDUCE ADDITIONAL EVIDENCE AND SHOWS TO THE SATISFACTION OF
THE COURT THAT SUCH ADDITIONAL EVIDENCE IS MATERIAL AND THAT THERE WERE
REASONABLE GROUNDS FOR THE FAILURE TO ADDUCE SUCH EVIDENCE IN THE
PROCEEDING BEFORE THE ADMINISTRATOR, THE COURT MAY ORDER SUCH ADDITIONAL
EVIDENCE (AND EVIDENCE IN REBUTTAL THEREOF) TO BE TAKEN BEFORE THE
ADMINISTRATOR, IN SUCH MANNER AND UPON SUCH TERMS AND CONDITIONS AS THE
COURT MAY DEEM PROPER. THE ADMINISTRATOR MAY MODIFY HIS FINDINGS AS TO
THE FACTS, OR MAKE NEW FINDINGS, BY REASON OF THE ADDITIONAL EVIDENCE SO
TAKEN, AND HE SHALL FILE SUCH MODIFIED OR NEW FINDINGS, AND HIS
RECOMMENDATION, IF ANY, FOR THE MODIFICATION OR SETTING ASIDE OF HIS
ORIGINAL DETERMINATION, WITH THE RETURN OF SUCH ADDITIONAL EVIDENCE.
"CITIZEN'S CIVIL ACTION //42 USC 300J-8.//
"SEC. 1449. (A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS
SECTION, ANY PERSON MAY COMMENCE A CIVIL ACTION ON HIS OWN BEHALF--,
"(1) AGAINST ANY PERSON (INCLUDING (A) THE UNITED STATES, AND
(B) ANY OTHER GOVERNMENTAL INSTRUMENTALITY OR AGENCY TO THE EXTENT
PERMITTED BY THE ELEVENTH AMENDMENT TO THE CONSTITUTION) WHO IS
ALLEGED TO BE IN VIOLATION OF ANY REQUIREMENT PRESCRIBED BY OR
UNDER THIS TITLE, OR
"(2) AGAINST THE ADMINISTRATOR WHERE THERE IS ALLEGED A FAILURE
OF THE ADMINISTRATOR TO PERFORM ANY ACT OR DUTY UNDER THIS TITLE
WHICH IS NOT DISCRETIONARY WITH THE ADMINISTRATOR.
NO ACTION MAY BE BROUGHT UNDER PARAGRAPH (1) AGAINST A PUBLIC WATER
SYSTEM FOR A VIOLATION OF A REQUIREMENT PRESCRIBED BY OR UNDER THIS
TITLE WHICH OCCURRED WITHIN THE 27-MONTH PERIOD BEGINNING ON THE FIRST
DAY OF THE MONTH IN WHICH THIS TITLE IS ENACTED. THE UNITED STATES
DISTRICT COURTS SHALL HAVE JURISDICTION, WITHOUT REGARD TO THE AMOUNT IN
CONTROVERSY OR THE CITIZENSHIP OF THE PARTIES, TO ENFORCE IN AN ACTION
BROUGHT UNDER THIS SUBSECTION ANY REQUIREMENT PRESCRIBED BY OR UNDER
THIS TITLE OR TO ORDER THE ADMINISTRATOR TO PERFORM AN ACT OR DUTY
DESCRIBED IN PARAGRAPH (2), AS THE CASE MAY BE.
"(B) NO CIVIL ACTION MAY BE COMMENCED--,
"(1) UNDER SUBSECTION (A)(1) OF THIS SECTION RESPECTING
VIOLATION OF A REQUIREMENT PRESCRIBED BY OR UNDER THIS TITLE--,
"(A) PRIOR TO SIXTY AAYS AFTER THE PLAINTIFF HAS GIVEN NOTICE
OF SUCH VIOLATION (I) TO THE ADMINISTRATOR; (II) TO ANY ALLEGED
VIOLATOR OF SUCH REQUIREMENT AND (III) TO THE STATE IN WHICH THE
VIOLATION OCCURS, OR
"(B) IF THE ADMINISTRATOR, THE ATTORNEY GENERAL, OR THE STATE
HAS COMMENCED AND IS DILIGENTLY PROSECUTING A CIVIL ACTION IN A
COURT OF THE UNITED STATES TO REQUIRE COMPLIANCE WITH SUCH
REQUIREMENT, BUT IN ANY SUCH ACTION IN A COURT OF THE UNITED
STATES ANY PERSON MAY INTERVENE AS AMATTER OF RIGHT; OR
"(2) UNDER SUBSECTION (A)(2) OF THIS SECTION PRIOR TO SIXTY
DAYS AFTER THE PLAINTIFF HAS GIVEN NOTICE OF SUCH ACTION TO THE
ADMINISTRATOR.
NOTICE REQUIRED BY THIS SUBSECTION SHALL BE GIVEN IN SUCH MANNER AS THE
ADMINISTRATOR SHALL PRESCRIBE BY REGULATION. NO PERSON MAY COMMENCE A
CIVIL ACTION UNDER SUBSECTION (A) TO REQUIRE A STATE TO PRESCRIBE A
SCHEDULE UNDER SECTION 1415 OR 1416 //ANTE, PP. 1669, 1672.// FOR A
VARIANCE OR EXEMPTION, UNLESS SUCH PERSON SHOWS TO THE SATISFACTION OF
THE COURT THAT THE STATE HAS IN A SUBSTANTIAL NUMBER OF CASES FAILED TO
PRESCRIBED SUCH SCHEDULES.
"(C) IN ANY ACTION UNDER THIS SECTION, THE ADMINISTRATOR OR THE
ATTORNEY GENERAL, IF NOT A PARTY, MAY INTERVENE AS A MATTER OF RIGHT.
"(D) THE COURT, IN ISSUING ANY FINAL ORDER IN ANY ACTION BROUGHT
UNDER SUBSECTION (A) OF THIS SECTION, MAY AWARD COSTS OF LITIGATION
(INCLUDING REASONABLE ATTORNEY AND EXPERT WITNESS FEES) TO ANY PARTY
WHENEVER THE COURT DETERMINES SUCH AN AWARD IS APPROPRIATE. THE COURT
MAY, IF A TEMPORARY RESTRAINING ORDER OR PRELIMINARY INJUNCTION IS
SOUGHT, REQUIRE THE FILING OF A BOND OR EQUIVALENT SECURITY IN
ACCORDANCE WITH THE FEDERAL RULES OF CIVIL PROCEDURE. //18 USC APP.//
"(E) NOTHING IN THIS SECTION SHALL RESTRICT ANY RIGHT WHICH ANY
PERSON (OR CLASS OF PERSONS) MAY HAVE UNDER ANY STATUTE OR COMMON LAW TO
SEEK ENFORCEMENT OF ANY REQUIREMENT PRESCRIBED BY OR UNDER THIS TITLE OR
TO SEEK ANY OTHER RELIEF.
"GENERAL PROVISIONS //42 USC 300J-9.//
"SEC. 1450. (A)(1) THE ADMINISTRATOR IS AUTHORIZED TO PRESCRIBE SUCH
REGULATIONS AS ARE NECESSARY OR APPROPRIATE TO CARRY OUT HIS FUNCTIONS
UNDER THIS TITLE.
"(2) THE ADMINISTRATOR MAY DELEGATE ANY OF HIS FUNCTIONS UNDER THIS
TITLE (OTHER THAN PRESCRIBING REGULATIONS) TO ANY OFFICER OR EMPLOYEE OF
THE AGENCY.
"(B) THE ADMINISTRATOR, WITH THE CONSENT OF THE HEAD OF ANY OTHER
AGENCY OF THE UNITED STATES, MAY UTILIZE SUCH OFFICERS AND EMPLOYEES OF
SUCH AGENCY AS HE DEEMS NECESSARY TO ASSIST HIM IN CARRYING OUT THE
PURPOSES OF THIS TITLE.
"(C) UPON THE REQUEST OF A STATE OR INTERSTATE AGENCY, THE
ADMINISTRATOR MAY ASSIGN PERSONNEL OF THE AGENCY TO SUCH STATE OR
INTERSTATE AGENCY FOR THE PURPOSES OF CARRYING OUT THE PROVISIONS OF
THIS TITLE.
"(D)(1) THE ADMINISTRATOR MAY MAKE PAYMENTS OF GRANTS UNDER THIS
TITLE (AFTER NECESSARY ADJUSTMENT ON ACCOUNT OF PREVIOUSLY MADE
UNDERPAYMENTS OR OVERPAYMENTS) IN ADVANCE OR BY WAY OF REIMBURSEMENT,
AND IN SUCH INSTALLMENTS AND ON SUCH CONDITIONS AS HE MAY DETERMINE.
"(2) FINANCIAL ASSISTANCE MAY BE MADE AVAILABLE IN THE FORM OF GRANTS
ONLY TO INDIVIDUALS AND NONPROFIT AGENCIES OR INSTITUTIONS. FOR
PURPOSES OF THIS PARAGRAPH, THE TERM 'NONPROFIT AGENCY OR INSTITUTION'
MEANS AN AGENCY OR INSTITUTION NO PART OF THE NET EARNINGS OF WHICH
INURE, OR MAY LAWFULLY INURE, TO THE BENEFIT OF ANY PRIVATE SHAREHOLDER
OR INDIVIDUAL.
"(E) THE ADMINISTRATOR SHALL TAKE SUCH ACTION AS MAY BE NECESSARY TO
ASSURE COMPLIANCE WITH PROVISION OF THE ACT OF MARCH 3, 1931 (KNOWN AS
THE DAVIS-BACON ACT; 40 U.S.C. 276A-276A(5)). //40 USC 276A NOTE.//
THE SECRETARY OF LABOR SHALL HAVE, WITH RESPECT TO THE LABOR STANDARDS
SPECIFIED IN THIS SUBSECTION, THE AUTHORITY AND FUNCTIONS SET FORTH IN
REORGANIZATION PLAN NUMBERED 14 OF 1950 (15 F.R. 3176; 64 STAT. 1267)
//5 USC APP.// AND SECTION 2 OF THE ACT OF JUNE 13, 1934 (40 U.S.C.
276C).
"(F) THE ADMINISTRATOR SHALL REQUEST THE ATTORNEY GENERAL TO APPEAR
AND REPRESENT HIM IN ANY CIVIL ACTION INSTITUTED UNDER THIS TITLE TO
WHICH THE ADMINISTRATOR IS A PARTY. UNLESS, WITHIN A REASONABLE TIME,
THE ATTORNEY GENERAL NOTIFIES THE ADMINISTRATOR THAT HE WILL APPEAR IN
SUCH ACTION, ATTORNEYS APPOINTED BY THE ADMINISTRATOR SHALL APPEAR AND
REPRESENT HIM.
"(G) THE PROVISIONS OF THIS TITLE SHALL NO@BE CONSTRUED AS AFFECTING
ANY AUTHORITY OF THE ADMINISTRATOR UNDER PART G OF TITLE III OF THIS
ACT. //42 USC 264.//
"(H) NOT LATER THAN APRIL 1 OF EACH YEAR, THE ADMINISTRATOR SHALL
SUBMIT TO THE COMMITTEE ON COMMERCE OF THE SENATE AND THE COMMITTEE ON
INTERSTATE AND FOREIGN COMMERCE OF THE HOUSE OF REPRESENTATIVES A REPORT
RESPECTING THE ACTIVITIES OF THE AGENCY UNDER THIS TITLE AND CONTAINING
SUCH RECOMMENDATIONS FOR LEGISLATION AS HE CONSIDERS NECESSARY. THE
REPORT OF THE ADMINISTRATOR UNDER THIS SUBSECTION WHICH IS DUE NOT LATER
THAN APRIL 1, 1975, AND EACH SUBSEQUENT REPORT OF THE ADMININSTRATOR
UNDER THIS SUBSECTION SHALL INCLUDE A STATEMENT ON THE ACTUAL AND
ANTICIPATED COST TO PUBLIC WATER SYSTEMS IN EACH STATE OF COMPLIANCE
WITH THE REQUIREMENTS OF THIS TITLE. THE OFFICE OF MANAGEMENT AND
BUDGET MAY REVIEW ANY REPORT REQUIRED BY THIS SUBSECTION BEFORE ITS
SUBMISSION TO SUCH COMMITTEES OF CONGRESS, BUT THE OFFICE MAY NOT REVISE
ANY SUCH REPORT, REQUIRE ANY REVISION IN ANY SUCH REPORT, OR DELAY ITS
SUBMISSION BEYOND THE DAY PRESCRIBED FOR ITS SUBMISSION, AND MAY SUBMIT
TO SUCH COMMITTEES OF CONGRESS ITS COMMENTS RESPECTING ANY SUCH REPORT.
"(I)(1) NO EMPLOYER MAY DISCHARGE ANY EMPLOYEE OR OTHERWISE
DISCRIMINATE AGAINST ANY EMPLOYEE WITH RESPECT TO HIS COMPENSATION,
TERMS, CONDITIONS, OR PRIVILEGES OF EMPLOYMENT BECAUSE THE EMPLOYEE (OR
ANY PERSON ACTING PURSUANT TO A REQUEST OF THE EMPLOYEE) HAS--,
"(A) COMMENCED, CAUSED TO BE COMMENCED, OR IS ABOUT TO COMMENCE
OR CAUSE TO BE COMMENCED A PROCEEDING UNDER THIS TITLE OR A
PROCEEDING FOR THE ADMINISTRATION OR ENFORCEMENT OF DRINKING WATER
REGULATIONS OR UNDERGROUND INJECTION CONTROL PROGRAMS OF A STATE,
"(B) TESTIFIED OR IS ABOUT TO TESTIFY IN ANY SUCH PROCEEDING,
OR
"(C) ASSISTED OR PARTICIPATED OR IS ABOUT TO ASSIST OR
PARTICIPATE IN ANY MANNER IN SUCH A PROCEEDING OR IN ANY OTHER
ACTION TO CARRY OUT THE PURPOSES OF THIS TITLE.
"(2)(A) ANY EMPLOYEE WHO BELIEVES THAT HE HAS BEEN DISCHARGED OR
OTHERWISE DISCRIMINATED AGAINST BY ANY PERSON IN VIOLATION OF PARAGRAPH
(1) MAY, WITHIN 30 DAYS AFTER SUCH VIOLATION OCCURS, FILE (OR HAVE ANY
PERSON FILE ON HIS BEHALF) A COMPLAINT WITH THE SECRETARY OF LABOR
(HEREINAFTER IN THIS SUBSECTION REFERRED TO AS THE 'SECRETARY') ALLEGING
SUCH DISCHARGE OR DISCRIMINATION. UPON RECEIPT OF SUCH A COMPLAINT, THE
SECRETARY SHALL NOTIFY THE PERSON NAMED IN THE COMPLAINT OF THE FILING
OF THE COMPLAINT.
"(B)(I) UPON RECEIPT OF A COMPLAINT FILED UNDER SUBPARAGRAPH (A), THE
SECRETARY SHALL CONDUCT AN INVESTIGATION OF THE VIOLATION ALLEGED IN THE
COMPLAINT. WITHIN 30 DAYS OF THE RECEIPT OF SUCH COMPLAINT, THE
SECRETARY SHALL COMPLETE SUCH INVESTIGATION AND SHALL NOTIFY IN WRITING
THE COMPLAINANT (AND ANY PERSON ACTING IN HIS BEHALF) AND THE PERSON
ALLEGED TO HAVE COMMITTED SUCH VIOLATION OF THE RESULTS OF THE
INVESTIGATION CONDUCTED PURSUANT TO THIS SUBPARAGRAPH. WITHIN 90 DAYS
OF THE RECEIPT OF SUCH COMPLAINT THE SECRETARY SHALL, UNLESS THE
PROCEEDING ON THE COMPLAINT IS TERMINATED BY THE SECRETARY AND THE
PERSON ALLEGED TO HAVE COMMITTED SUCH VIOLATION, ISSUE AN ORDER EITHER
PROVIDING THE RELIEF PRESCRIBED BY CLAUSE (II) OR DENYING THE COMPLAINT.
AN ORDER OF THE SECRETARY SHALL BE MADE ON THE RECORD AFTER NOTICE AND
OPPORTUNITY FOR AGENCY HEARING. THE SECRETARY MAY NOT ENTER INTO A
SETTLEMENT TERMINATING A PROCEEDING ON A COMPLAINT WITHOUT THE
PARTICIPATION AND CONSENT OF THE COMPLIANANT.
"(II) IF IN RESPONSE TO A COMPLAINT FILED UNDER SUBPARAGRAPH (A) THE
SECRETARY DETERMINES THAT A VIOLATION OF PARAGRAPH (1) HAS OCCURRED, THE
SECRETARY SHALL ORDER (I) THE PERSON WHO COMMITTED SUCH VIOLATION TO
TAKE AFFIRMATIVE ACTION TO ABATE THE VIOLATION, (II) SUCH PERSON TO
REINSTATE THE COMPLAINANT TO HIS FORMER POSITION TOGETHER WITH THE
COMPENSATION (INCLUDING BACK PAY), TERMS, CONDITIONS, AND PRIVILEGES OF
HIS EMPLOYMENT, (III) COMPENSATORY DAMAGES, AND (IV) WHERE APPROPRIATE,
EXEMPLARY DAMAGES. IF SUCH AND ORDER IS ISSUED, THE SECRETARY, AT THE
REQUEST OF THE COMPLAINANT, SHALL ASSESS AGAINST THE PERSON AGAINST WHOM
THE ORDER IS ISSUED A SUM EQUAL TO THE AGGREGATE AMOUNT OF ALL COSTS AND
EXPENSES (INCLUDING ATTORNEYS' FEES) REASONABLY INCURRED, AS DETERMINED
BY THE SECRETARY, BY THE COMPLAINANT FOR, OR IN CONNECTION WITH, THE
BRINGING OF THE COMPLAINT UPON WHICH THE ORDER WAS ISSUED.
"(3)(A) ANY PERSON ADVERSELY AFFECTED OR AGGRIEVED BY AN ORDER ISSUED
UNDER PARAGRAPH (2) MAY OBTAIN REVIEW OF THE ORDER IN THE UNITED STATES
COURT OF APPEALS FOR THE CIRCUIT IN WHICH THE VIOLATION, WITH RESPECT TO
WHICH THE ORDER WAS ISSUED, ALLEGEDLY OCCURRED. THE PETITION FOR REVIEW
MUST BE FILED WITHIN SIXTY DAYS FROM THE ISSUANCE OF THE SECRETARY'S
ORDER. REVIEW SHALL CONFORM TO CHAPTER 7 OF TITLE 5 OF THE UNITED
STATES CODE. //5 USC 701.// THE COMMENCEMENT OF PROCEEDINGS UNDER THIS
SUBPARAGRAPH SHALL NOT, UNLESS ORDERED BY THE COURT, OPERATE AS A STAY
OF THE SECRETARY'S ORDER.
"(B) AN ORDER OF THE SECRETARY WITH RESPECT TO WHICH REVIEW COULD
HAVE BEEN OBTAINED UNDER SUBPARAGRAPH (A) SHALL NOT BE SUBJECT TO
JUDICIAL REVIEW IN ANY CRIMINAL OR OTHER CIVIL PROCEEDING.
"(4) WHENEVER A PERSON HAS FAILED TO COMPLY WITH AN ORDER ISSUED
UNDER PARAGRAPH (2)(B), THE SECRETARY SHALL FILE A CIVIL ACTION IN THE
UNITED STATES DISTRICT COURT FOR THE DISTRICT IN WHICH THE VIOLATION WAS
FOUND TO OCCUR TO ENFORCE SUCH ORDER. IN ACTIONS BROUGHT UNDER THIS
PARAGRAPH, THE DISTRICT COURTS SHALL HAVE JURISDICTION TO GRANT ALL
APPROPRIATE RELIEF INCLUDING, BUT NOT LIMITED TO, INJUNCTIVE RELIEF,
COMPENSATORY, AND EXEMPLARY DAMAGES. CIVIL ACTIONS FILED UNDER THIS
PARAGRAPH SHALL BE HEARD AND DECIDED EXPEDITIOUSLY.
"(5) ANY NONDISCRETIONARY DUTY IMPOSED BY THIS SECTION IS ENFORCEABLE
IN MANDAMUS PROCEEDING BROUGHT UNDER SECTION 1361 OF TITLE 28 OF THE
UNITED STATES CODE.
"(6) PARAGRAPH (1) SHALL NOT APPLY WITH RESPECT TO ANY EMPLOYEE WHO,
ACTING WITHOUT DIRECTION FROM HIS EMPLOYER (OR THE EMPLOYER'S AGENT),
DELIBERATELY CAUSES A VIOLATION OF ANY REQUIREMENT OF THIS TITLE."
(B) SECTION 2(F) OF THE PUBLIC HEALTH SERVICE ACT //42 USC 201.// IS
AMENDED BY INSERTING "(1)" AFTER "EXCEPT THAT" AND BY INSERTING BEFORE
THE SEMICOLON AT THE END THEREOF THE FOLLOWING: "; AND (2) AS USED IN
TITLE XIV //ANTE, P. 1661.// SUCH TERM INCLUDES GUAM, AMERICAN SAMOA,
AND THE TRUST TERRITORY OF THE PACIFIC ISLANDS".
RURAL WATER SURVEY
SEC. 3. //42 USC 300F NOTE.// (A) THE ADMINISTRATOR OF THE
ENVIRONMENTAL PROTECTION AGENCY SHALL (AFTER CONSULTATION WITH THE
SECRETARY OF AGRICULTURE AND THE SEVERAL STATES) ENTER INTO ARRANGEMENTS
WITH PUBLIC OR PRIVATE ENTITIES AS MAY BE APPROPRIATE TO CONDUCT A
SURVEY OF THE QUANTITY, QUALITY, AND AVAILABILITY OF RURAL DRINKING
WATER SUPPLIES. SUCH SURVEY SHALL INCLUDE, BUT NOT BE LIMITED TO, THE
CONSIDERATION OF THE NUMBER OF RESIDENTS IN EACH RURAL AREA--,
(1) PRESENTLY BEING INADEQUATELY SERVED BY A PUBLIC OR PRIVATE
DRINKING WATER SUPPLY SYSTEM, OR BY AN INDIVIDUAL HOME DRINKING
WATER SUPPLY SYSTEM;
(2) PRESENTLY HAVING LIMITED OR OTHERWISE INADEQUATE ACCESS TO
DRINKING WATER;
(3) WHO, DUE TO THE ABSENCE OR INADEQUACY OF A DRINKING WATER
SUPPLY SYSTEM, ARE EXPOSED TO AN INCREASED HEALTH HAZARD; AND
(4) WHO HAVE EXPERIENCED INCIDENTS OF CHRONIC OR ACUTE ILLNESS,
WHICH MAY BE ATTRIBUTED TO THE ABSENCE OR INADEQUACY OF A DRINKING
WATER SUPPLY SYSTEM.
(B) SUCH SURVEY SHALL BE COMPLETED WITHIN EIGHTEEN MONTHS OF THE DATE
OF ENACTMENT OF THIS ACT AND A FINAL REPORT THEREON SUBMITTED, NOT LATER
THAN SIX MONTHS AFTER THE COMPLETION OF SUCH SURVEY, TO THE PRESIDENT
FOR TRANSMITTAL TO THE CONGRESS. SUCH REPORT SHALL INCLUDE
RECOMMENDATIONS FOR IMPROVING RURAL WATER SUPPLIES.
(C) THERE ARE AUTHORIZED TO BE APPROPRIATED TO CARRY OUT THE
PROVISIONS OF THIS SECTION $1,000,000 FOR THE FISCAL YEAR ENDING JUNE
30, 1975; $2,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1976; AND
$1,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1977.
BOTTLED DRINKING WATER
SEC. 4. CHAPTER IV OF THE FEDERAL FOOD, DRUG, AND COSMETIC ACT //21
USC 341, 348.// IS AMENDED BY ADDING AFTER SECTION 409 THE FOLLOWING NEW
SECTION:
"BOTTLED DRINKING WATER STANDARDS
"SEC. 410. WHENEVER THE ADMINISTRATOR OF THE ENVIRONMENTAL
PROTECTION AGENCY //21 USC 349.// PRESCRIBES INTERIM OR REVISED NATIONAL
PRIMARY DRINKING WATER REGULATIONS UNDER SECTION 1412 OF THE PUBLIC
HEALTH SERVICE ACT, //ANTE, P. 1662.// THE SECRETARY SHALL CONSULT WITH
THE ADMINISTRATOR AND WITHIN 180 DAYS AFTER THE PROMULGATION OF SUCH
DRINKING WATER REGULATIONS EITHER PROMULGATE AMENDMENTS OF REGULATIONS
UNDER THIS CHAPTER APPLICABLE TO BOTTLED DRINKING WATER OR PUBLISH IN
THE FEDERAL REGISTER HIS REASONS FOR NOT MAKING SUCH AMENDMENTS.".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1185 ACCOMPANYING H.R. 13002 (COMM. ON
INTERSTATE AND FOREIGN COMMERCE).
SENATE REPORT NO. 93 - 231 (COMM. ON COMMERCE).
CONGRESSIONAL RECORD:
VOL. 119 (1973): JUNE 22, CONSIDERED AND PASSED SENATE.
VOL. 120 (1974): NOV. 19, CONSIDERED AND PASSED HOUSE,
AMENDED, IN LIEU OF H.R. 13002.
NOV. 26, SENATE AGREED TO HOUSE AMENDMENTS WITH AN AMENDMENT.
DEC. 3, HOUSE CONCURRED IN SENATE AMENDMENT.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:
VOL. 10, NO. 51 (1974): DEC. 17, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-522, 88 STAT 1660
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE SECRETARY OF THE
INTERIOR IS HEREBY AUTHORIZED TO ISSUE A PERMIT TO OCCUPY AND USE LANDS
OF THE UNITED STATES WITHIN SEQUOIA NATIONAL PARK NECESSARY FOR THE
CONTINUED OPERATION, MAINTENANCE, AND USE OF THE HYDROELECTRIC PROJECT
KNOWN AS THE KAWEAH NUMBER 3 PROJECT OF SOUTHERN CALIFORNIA EDISON
COMPANY. //16 USC 45A-1 NOTE.//
SEC. 2. THE TERM OF SUCH PERMIT SHALL EXPIRE NOT LATER THAN THE
EXPIRATION OF EXISTING OR FUTURE LICENSES GRANTED BY THE FEDERAL POWER
COMMISSION TO SOUTHERN CALIFORNIA EDISON COMPANY FOR SAID KAWEAH NUMBER
3 PROJECT (FEDERAL POWER COMMISSION PROJECT NUMBERED 298), BUT IN NO
EVENT SHALL THE TERM OF SUCH PERMIT EXTEND FOR ANY PERIOD IN EXCESS OF
TEN YEARS FOLLOWING THE DATE OF ITS ISSUANCE, UNLESS SPECIFICALLY
AUTHORIZED BY LAW. SUCH PERMIT SHALL CONTAIN SUCH OTHER TERMS AND
CONDITIONS AS THE SECRETARY OF THE INTERIOR SHALL DEEM NECESSARY FOR THE
PROTECTION AND UTILIZATION OF SEQUOIA NATIONAL PARK.
SEC. 3. SUCH PERMIT SHALL SPECIFICALLY RECITE THAT THE PRIVILEGES
GRANTED THEREBY ARE TO BE EXERCISED IN ACCORDANCE WITH THE FEDERAL POWER
ACT (16 U.S.C. 791(A) - 825(U)), AND THE RULES AND REGULATIONS
THEREUNDER WHICH THE SECRETARY OF THE INTERIOR, AFTER CONSULTATION WITH
THE FEDERAL POWER COMMISSION, DETERMINES TO BE APPLICABLE.
SEC. 4. THE NATIONAL PARK SERVICE SHALL, NOT LESS THAN ONE HUNDRED
AND EIGHTY DAYS PRIOR TO THE TERMINATION DATE OF SUCH PERMIT, REPORT TO
THE CONGRESS, IN WRITING, WITH RESPECT TO THE IMPACT OF THE OPERATIONS
OF THE HYDROELECTRIC PROJECT (KNOWN AS THE KAWEAH NUMBERED 3 PROJECT OF
SOUTHERN CALIFORNIA EDISON COMPANY) ON THE SEQUOIA NATIONAL PARK.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1360 (COMM. ON INTERIOR AND INSULAR
AFFAIRS).
SENATE REPORT NO. 93 1236 ACCOMPANYING S.J. RES. 237 (COMM. ON
INTERIOR AND INSULAR AFFAIRS).
CONGRESSIONAL RECORD, VOL 120 (1974):
OCT. 7, CONSIDERED AND PASSED HOUSE.
NOV. 22, CONSIDERED AND PASSED SENATE, AMENDED.
DEC. 4, HOUSE CONCURRED IN SENATE AMENDMENT.
PUBLIC LAW 93-521, 88 STAT 1659.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT MANSFIELD LAKE,
INDIANA, CREATED UNDER AUTHORITY OF THE ACT ENTITLED "AN ACT AUTHORIZING
THE CONSTRUCTION OF CERTAIN PUBLIC WORKS ON RIVERS AND HARBORS FOR FLOOD
CONTROL, AND FOR OTHER PURPOSES", APPROVED JUNE 28, 1938 (52 STAT. 1215,
AS AMENDED AND SUPPLEMENTED) //33 USC 701B.// SHALL BE KNOWN AND
DESIGNATED HEREAFTER AS "CECIL M. HARDEN LAKE". ANY LAW, REGULATION,
MAP, DOCUMENT, OR RECORD OF THE UNITED STATES IN WHICH SUCH LAKE IS
REFERRED TO SHALL BE HELD TO REFER TO SUCH LAKE AS CECIL M. HARDEN LAKE.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1481 (COMM. ON PUBLIC WORKS).
SENATE REPORT NO. 93 - 624 (COMM. ON PUBLIC WORKS).
CONGRESSIONAL RECORD:
VOL. 11. (1973): DEC. 14, CONSIDERED AND PASSED SENATE.
VOL. 120 (1974): DEC. 3, CONSIDERED AND PASSED HOUSE.
PUBLIC LAW 93-520, 88 STAT 1659.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 106 OF THE
WATER RESOURCES DEVELOPMENT ACT OF 1974 (PUBLIC LAW 93 - 251) //ANTE, P.
42.// IS AMENDED BY STRIKING OUT "JUNE 1, 1974" AND INSERTING IN LIEU
THEREOF "JUNE 1, 1975".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1484 (COMM. ON PUBLIC WORKS).
SENATE REPORT NO. 93 - 891 (COMM. ON PUBLIC WORKS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
JUNE 4, CONSIDERED AND PASSED SENATE.
DEC. 3, CONSIDERED AND PASSED HOUSE.
PUBLIC LAW 93-519, 88 STAT 1659.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 2 OF TITLE
14, UNITED STATES CODE, IS HEREBY AMENDED BY INSERTING THE WORDS "SHALL,
PURSUANT TO INTERNATIONAL AGREEMENTS, DEVELOP, ESTABLISH, MAINTAIN, AND
OPERATE ICEBREAKING FACILITIES ON, UNDER, AND OVER WATERS OTHER THAN THE
HIGH SEAS AND WATERS SUBJECT TO THE JURISDICTION OF THE UNITED STATES;"
IMMEDIATELY BEFORE THE WORDS "SHALL ENGAGE IN OCEANOGRAPHIC RESEARCH".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1390 ACCOMPANYING H.R. 13791 (COMM. ON MERCHANT
MARINE AND FISHERIES).
SENATE REPORT NO. 93 - 1084 (COMM. ON COMMERCE).
CONGRESSIONAL RECORD, VOL. 120 (1974):
AUG. 15, CONSIDERED AND PASSED SENATE.
DEC. 3, CONSIDERED AND PASSED HOUSE, IN LIEU OF H.R. 13791.
PUBLIC LAW 93-518, 88 STAT 1652, FARM LABOR CONTRACTOR REGISTRATION
ACT AMENDMENTS OF 1974.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT (A) THIS ACT MAY BE
CITED AS THE "FARM LABOR CONTRACTOR REGISTRATION ACT AMENDMENTS OF
1974". //7 USC 2041 NOTE.//
(B) UNLESS THE CONTEXT OTHERWISE REQUIRES, WHENEVER IN THIS ACT AND
AMENDMENT IS EXPRESSED IN TERMS OF AN AMENDMENT TO A SECTION OR OTHER
PROVISION THE REFERENCE SHALL BE CONSIDERED TO BE MADE TO A SECTION OR
OTHER PROVISION OF THE FARM LABOR CONTRACTOR REGISTRATION ACT OF 1963 (7
U.S.C. 2041 ET SEQ.).
SEC. 2. //7 USC 2042.// SECTION 3 OF THE ACT IS AMENDED BY STRIKING
OUT THE WORD "INTERSTATE" EACH PLACE WHERE IT APPEARS THEREIN. THE
FIRST SENTENCE OF SECTION 3(B) IS AMENDED TO DELETE THEREFROM THE PHRASE
"TEN OR MORE" AND THE PHRASE "AT ANY ONE TIME IN ANY CALENDAR YEAR".
THE SECOND SENTENCE OF SECTION 3(B) IS AMENDED TO READ AS FOLLOWS:
"SUCH TERM SHALL NOT INCLUDE--,
"(1) ANY NONPROFIT CHARITABLE ORGANIZATION, PUBLIC OR NONPROFIT
PRIVATE EDUCATIONAL INSTITUTION, OR SIMILAR ORGANIZATION;
"(2) ANY FARMER, PROCESSOR, CANNER, GINNER, PACKING SHED
OPERATOR, OR NURSERYMAN WHO PERSONALLY ENGAGES IN ANY SUCH
ACTIVITY FOR THE PURPOSE OF SUPPLYING MIGRANT WORKERS SOLELY FOR
HIS OWN OPERATION;
"(3) ANY FULL-TIME OR REGULAR EMPLOYE OF ANY ENTITY REFERRED TO
IN (1) OR (2) ABOVE WHO ENGAGES IN SUCH ACTIVITY SOLELY FOR HIS
EMPLOYER ON NO MORE THAN AN INCIDENTAL BASIS;
"(4) ANY PERSON WHO ENGAGES IN ANY SUCH ACTIVITY (A) SOLELY
WITHIN A TWENTY-FIVE MILE INTRASTATE RADIUS OF HIS PERMANENT PLACE
OF RESIDENCE AND (B) FOR NOT MORE THAN THIRTEEN WEEKS PER YEAR;
"(5) ANY PERSON WHO ENGAGES IN ANY SUCH ACTIVITY FOR THE
PURPOSE OF OBTAINING MIGRANT WORKERS OF ANY FOREIGN NATION FOR
EMPLOYMENT IN THE UNITED STATES IF THE EMPLOYMENT IS SUBJECT TO--,
"(A) AN AGREEMENT BETWEEN THE UNITED STATES AND SUCH FOREIGN
NATION; OR
"(B) AN ARRANGEMENT WITH THE GOVERNMENT OF ANY FOREIGN NATION
UNDER WHICH WRITTEN CONTRACTS FOR THE EMPLOYMENT OF SUCH WORKERS
ARE PROVIDED FOR AND THE ENFORCEMENT THEREOF IS PROVIDED FOR
THROUGH THE UNITED STATES BY AN INSTRUMENTALITY OF SUCH FOREIGN
NATION; "(6) ANY FULL-TIME OR REGULAR EMPLOYEE OF ANY PERWON
HOLDING A CERTIFICATE OF REGISTRATION UNDER THIS ACT; OR
"(7) ANY COMMON CARRIER OR ANY FULL-TIME REGULAR EMPLOYEE
THEREOF ENGAGED SOLELY IN THE TRANSPORTATION OF MIGRANT WORKERS."
SEC. 3. SECTION 3(D) OF THE ACT IS AMENDED TO READ AS FOLLOWS:
"(D) THE TERM 'AGRICULTURAL EMPLOYMENT' MEANS EMPLOYMENT IN ANY
SERVICE OR ACTIVITY INCLUDED WITHIN THE PROVISIONS OF SECTION 3(F) OF
THE FAIR LABOR STANDARDS ACT OF 1938 (29 U.S.C. 203(F)), OR SECTION
3121(G) OF THE INTERNAL REVENUE CODE OF 1954 (26 U.S.C. 3121(G)) AND THE
HANDLING, PLANTING, DRYING, PACKING, PACKAGING, PROCESSING, FREEZING, OR
GRADING PRIOR TO DELIVERY FOR STORAGE OF ANY AGRICULTURAL OR
HORTICULTURAL COMMODITY IN ITS UNMANUFACTURED STATE.".
SEC. 4. //7 USC 2042.// SECTION 4 OF THE ACT IS AMENDED BY ADDING AT
THE END THEREOF THE FOLLOWING NEW SUBSECTIONS:
"(C) NO PERSON SHALL ENGAGE THE SERVICES OF ANY FARM LABOR CONTRACTOR
TO SUPPLY FARM LABORERS UNLESS HE FIRST DETERMINES THAT THE FARM LABOR
CONTRACTOR POSSESSES A CERTIFICATE FROM THE SECRETARY THAT IS IN FULL
FORCE AND EFFECT AT THE TIME HE CONTRACTS WITH THE FARM LABOR
CONTRACTOR.
"(D) UPON DETERMINATION BY THE SECRETARY THAT ANY PERSON KNOWINGLY
HAS ENGAGED THE SERVICES OF ANY FARM LABOR CONTRACTOR WHO DOES NOT
POSSESS SUCH CERTIFICATE AS REQUIRED BY SUBSECTION (C) OF THIS SECTION,
THE SECRETARY IS AUTHORIZED BY THE ACT OF JUNE 6, 1933 (48 STAT. 113;
29 U.S.C. 49 ET SEQ.), COMMONLY REFERRED TO AS THE WAGNER-PEYSER ACT,
FOR A PERIOD OF UP TO THREE YEARS.".
SEC. 5. //7 USC 2044.// SECTION 5(A) IS AMENDED BY--,
(1) STRIKING THE WORD "AND" AFTER PARAGRAPH (2),
(2) STRIKING THE PERIOD AT THE END OF PARAGRAPH (3) AND
INSERTING IN LIEU THEREOF A SEMICOLON, AND
(3) ADDING THE FOLLOWING NEW PARAGRAPHS:
"(4) HAS FILED, UNDER SUCH TERMS AS THE SECRETARY MAY
PRESCRIBE, A STATEMENT INDENTIFYING EACH VEHICLE TO BE USED BY THE
APPLICANT FOR THE TRANSPORTATION OF MIGRANT WORKERS, AND ALL REAL
PROPERTY TO BE USED BY THE APPLICANT FOR THE HOUSING OF MIGRANT
WORKERS, DURING THE PERIOD FOR WHICH REGISTRATION IS SOUGHT, ALONG
WITH PROOF THAT EVERY SUCH VEHICLE AND ALL SUCH HOUSING CURRENTLY
CONFORM TO ALL APPLICABLE FEDERAL AND STATE SAFETY AND HEALTH
STANDARDS TO THE EXTENT THAT SUCH VEHICLE AND ALL SUCH HOUSING ARE
UNDER THE APPLICANT'S OWNERSHIP OR CONTROL; AND
"(5) HAS CONSENTED TO DESIGNATION OF THE SECRETARY AS THE AGENT
AVAILABLE TO ACCEPT SERVICE OF SUMMONS IN ANY ACTION AGAINST SUCH
FARM LABOR CONTRACTOR AT ANY AND ALL TIMES DURING WHICH SUCH FARM
LABOR CONTRACTOR HAS DEPARTED FROM THE JURISDICTION IN WHICH SUCH
ACTION IS COMMENCED OR OTHERWISE HAS BECOME UNAVAILABLE TO ACCEPT
SERVICE, UNDER SUCH TERMS AND CONDITIONS AS ARE SET BY THE COURT
IN WHICH SUCH ACTION HAS BEEN COMMENCED.".
SEC. 6. SECTION 5(A)(2) IS AMENDED BY STRIKING THE SECOND SENTENCE
AND INSERTING IN LIEU THEREOF THE FOLLOWING: "IN NO EVENT SHALL THE
AMOUNT OF SUCH INSURANCE BE LESS THAN THE AMOUNT CURRENTLY APPLICABLE TO
VEHICLES USED IN THE TRANSPORTATION OF PASSENGERS IN INTERSTATE COMMERCE
UNDER THE INTERSTATE COMMERCE ACT //49 USC PREC. 1 NOTE.// AND
REGULATIONS PROMULGATED PURSUANT THERETO, OR AMOUNTS OFFERING COMPARABLE
PROTECTION TO PERSONS OR PROPERTY FROM DAMAGES ARISING OUT OF THE
APPLICANT'S OWNERSHIP OF, OPERATION OF, OR HIS CAUSING TO BE OPERATED
ANY VEHICLE AS PROVIDED HEREWITH: PROVIDED, THAT THE SECRETARY SHALL
HAVE THE DISCRETION TO ISSUE REGULATIONS REQUIRING INSURANCE IN THE
HIGHEST AMOUNTS FEASIBLE WHICH ARE LESS THAN THE AMOUNTS CURRENTLY
APPLICABLE TO VEHICLES USED IN THE TRANSPORTATION OF PASSENGERS IN
INTERSTATE COMMERCE UNDER THE INTERSTATE COMMERCE ACT AND REGULATIONS
PROMULGATED PURSUANT THERETO, IF THE SECRETARY, AFTER DUE AND CAREFUL
CONSIDERATION, DETERMINES THAT THE INSURANCE COVERAGE IN SUCH AMOUNTS IS
NOT AVAILABLE TO FARM LABOR CONTRACTORS IN THE SAME MANNER AND IN THE
SAME AMOUNTS AS SUCH COVERAGE IS AVAILABLE TO OTHER CARRIERS USED TO
TRANSPORT PASSENGERS IN INTERSTATE COMMERCE;".
SEC. 7. SECTION 5(B) IS AMENDED BY--,
(1) STRIKING "OR" AT THE END OF PARAGRAPH (9);
(2) STRIKING THE PERIOD AT THE END OF PARAGRAPH (10) AND
INSERTING A SEMICOLON IN LIEU THEREOF; AND
(3) ADDING AFTER PARAGRAPH (10) THE FOLLOWING NEW
PARAGRAPHS:
"(11) IS NOT IN FACT THE REAL PARTY IN INTEREST IN ANY SUCH
APPLICATION OR CERTIFICATE OF REGISTRATION AND THAT THE REAL PARTY
IN INTEREST IS A PERSON, FIRM, PARTNERSHIP, ASSOCIATION, OR
CORPORATION WHO PREVIOUSLY HAS BEEN DENIED A CERTIFICATE OF
REGISTRATION, HAS HAD A CERTIFICATE OF REGISTRATION SUSPENDED OR
REVOKED, OR WHO DOES NOT PRESENTLY QUALIFY FOR A CERTIFICATE OR
REGISTRATION; OR
"(12) HAS USED A VEHICLE FOR THE TRANSPORTATION OF MIGRANT
WORKERS, OR HAS USED REAL PROPERTY FOR THE HOUSING OF MIGRANT
WORKERS, WHILE SUCH VEHICLE OR REAL PROPERTY FAILED TO CONFORM TO
ALL APPLICABLE FEDERAL AND STATE SAFETY AND HEALTH STANDARDS, TO
THE EXTENT ANY SUCH VEHICLE OR REAL PROPERTY HAS COME WITHIN THE
OWNERSHIP OR CONTROL OF SUCH FARM LABOR CONTRACTOR."
(4) STRIKING "OR PROSTITUTION", AT THE END OF PARAGRAPH (7) AND
ADDING IN LIEU THEREOF THE FOLLOWING: "PROSTITUTION, OR PEONAGE;
WHERE THE DATE OF THE JUDGMENT OF CONVICTION OF ANY CRIME AS
SPECIFIED HEREIN HAS BEEN ENTERED WITHIN A PERIOD OF FIVE YEARS
PRECEDING THE ACTION OF THE SECRETARY UNDER THIS SUBSECTION";
(5) STRIKING ALL AFTER THE WORD "UTILIZED" IN PARAGRAPH (6) AND
INSERTING IN LIEU THEREOF THE FOLLOWING: ", WITH KNOWLEDGE, THE
SERVICES OF ANY PERSON, WHO IS AN ALIEN NOT LAWFULLY ADMITTED FOR
PERMANENT RESIDENCE, OR WHO HAS NOT BEEN AUTHORIZED BY THE
ATTORNEY GENERAL TO ACCEPT EMPLOYMENT;".
SEC. 8. SECTION 5 //7 USC 2044.// IS AMENDED BY ADDING AT THE END
THEREOF THE FOLLOWING NEW SUBSECTION:
"(D) PERSONS ISSUED A CERTIFICATE OF REGISTRATION UNDER THIS SECTION
SHALL PROVIDE THE SECRETARY A NOTICE OF EACH AND EVERY ADDRESS CHANGE
WITHIN TEN DAYS AFTER SUCH CHANGE. THE SECRETARY SHALL MAINTAIN A
PUBLIC CENTRAL REGISTRY OF ALL PERSONS ISSUED CERTIFICATES OF
REGISTRATION UNDER THIS SECTION. PERSONS ISSUED A CERTIFICATE OF
REGISTRATION UNDER THIS SECTION SHALL PROVIDE TO THE SECRETARY
DOCUMENTATION REQUIRED UNDER SECTION 5(A)(4) OF THE ACT APPLICABLE TO
ANY VEHICLE WHICH THE APPLICANT OBTAINS FOR USE IN THE TRANSPORTATION OF
MIGRANT WORKERS AND ANY REAL PROPERTY WHICH THE APPLICANT OBTAINS OR
LEARNS WILL BE USED FOR THE HOUSING OF MIGRANT WORKERS DURING THE PERIOD
FOR WHICH THE CERTIFICATE OF REGISTRATION IS ISSUED, WITHIN TEN DAYS
AFTER HE OBTAINS OR LEARNS OF THE INTENDED USE OF SUCH VEHICLE OR REAL
PROPERTY, TO THE EXTENT THAT SUCH VEHICLE OR SUCH REAL PROPERTY IS UNDER
THE OWNERSHIP OF CONTROL OF SUCH PERSONS WHO HAVE BEEN ISSUED
CERTIFICATES OF REGISTRATION.".
SEC. 9. SECTION 6(A) OF THE ACT //7 USC 2045.// IS AMENDED BY
INSERTING IMMEDIATELY BEFORE THE SEMICOLON AT THE END THEREOF THE
FOLLOWING: "AND SHALL BE DENIED THE FACILITIES AND SERVICES AUTHORIZED
BY THE ACT OF JUNE 6, 1933 (29 U.S.C. 49 ET SEQ.), UPON REFUSAL OR
FAILURE TO EXHIBIT THE SAME".
SEC. 10. SECTION 6(B) OF THE ACT IS AMENDED BY STRIKING THE WORD
"AND" BEFORE PARAGRAPH (5), AND BY STRIKING THE SEMICOLON AT THE END OF
PARAGRAPH (5) AND ADDING AT THE END THEREOF THE FOLLOWING: "(6) THE
PERIOD OF EMPLOYMENT, (7) THE EXISTENCE OF A STRIKE OR OTHER CONCERTED
STOPPAGE, SLOWDOWN, OR INTERRUPTION OF OPERATIONS BY EMPLOYEES AT A
PLACE OF CONTRACTED EMPLOYMENT, AND (8) THE EXISTENCE OF ANY
ARRANGEMENTS WITH ANY OWNER, PROPRIETOR, OR AGENT OF ANY COMMERCIAL OR
RETAIL ESTABLISHMENT IN THE AREA OF EMPLOYMENT UNDER WHICH HE IS TO
RECEIVE A COMMISSION OR ANY OTHER BENEFIT RESULTING FROM ANY SALES
PROVIDED TO SUCH COMMERCIAL OR RETAIL ESTABLISHMENT FROM THE MIGRANT
WORKERS WHOM HE RECRUITS. THE DISCLOSURE REQUIRED UNDER THIS SUBSECTION
SHALL BE IN WRITING IN A LANGUAGE IN WHICH THE WORKER IS FLUENT, AND
WRITTEN IN A MANNER UNDERSTANDABLE BY SUCH WORKERS ON SUCH FORMS AND
UNDER SUCH TERMS AND CONDITIONS AS THE SECRETARY SHALL PRESCRIBE."
SEC. 11. (A) SECTION 6 //7 USC 2045.// IS AMENDED BY--,
(1) STRIKING "AND" AFTER PARAGRAPH (D),
(2) STRIKING THE PERIOD AT THE END OF PARAGRAPH (E) AND
INSERTING IN LIEU THEREOF A SEMICOLON, AND
(3) ADDING AT THE END THEREOF THE FOLLOWING NEW PARAGRAPHS:
"(F) REFRAIN FROM RECRUITING, EMPLOYING, OR UTILIZING, WITH
KNOWLEDGE, THE SERVICES OF ANY PERSON, WHO IS AN ALIEN NOT
LAWFULLY ADMITTED FOR PERMANENT RESIDENCE OR WHO HAS NOT BEEN
AUTHORIZED BY THE ATTORNEY GENERAL TO ACCEPT EMPLOYMENT;
"(G) PROMPTLY PAY OR CONTRIBUTE WHEN DUE TO THE INDIVIDUALS
ENTITLED THERETO ALL MONEYS OR OTHER THINGS OF VALUE ENTRUSTED TO
THE FARM LABOR CONTRACTOR BY ANY FARM OPERATOR FOR SUCH PURPOSES;
AND
"(H) REFRAIN FROM REQUIRING ANY WORKER TO PURCHASE ANY GOODS
SOLELY FROM SUCH FARM LABOR CONTRACTOR OR ANY OTHER PERSON."
(B) SECTION 6(E) OF THE ACT IS AMENDED BY STRIKING "INTERSTATE" EACH
TIME IT APPEARS.
(C) SECTION 6(E) OF THE ACT IS FURTHER AMENDED BY STRIKING THE LAST
SENTENCE AND SUBSTITUTING THE FOLLOWING: "HE SHALL ADDITIONALLY PROVIDE
TO THE PERSON TO WHOM ANY MIGRANT WORKER IS FURNISHED ALL INFORMATION
AND RECORDS REQUIRED TO BE KEPT BY SUCH CONTRACTOR UNDER THIS
SUBSECTION, AND ALL INFORMATION REQUIRED TO BE PROVIDED TO ANY MIGRANT
WORKER UNDER THIS SUBSECTION. THE SECRETARY MAY PRESCRIBE APPROPRIATE
FORMS FOR THE RECORDING OF INFORMATION REQUIRED BY THIS SUBSECTION;".
(D) SECTION 2(B) OF THE ACT //7 USC 2041.// IS AMENDED BY STRIKING
THE WORD "INTERSTATE" THE SECOND TIME IT APPEARS.
SEC. 12. SECTION 7 IS AMENDED BY ADDING AT THE END THEREOF THE
FOLLOWING: "THE SECRETARY MAY ISSUE SUBPENAS REQUIRING THE ATTENDANCE
AND TESTIMONY OF WITNESSES OR THE PRODUCTION OF ANY EVIDENCE IN
CONNECTION WITH SUCH INVESTIGATIONS. THE SECRETARY MAY ADMINISTER OATHS
AND AFFIRMATIONS, EXAMINE WITNESSES, AND RECEIVE EVIDENCE. FOR THE
PURPOSE OF ANY HEARING OR INVESTIGATION PROVIDED FOR IN THIS CHAPTER,
THE PROVISIONS OF SECTIONS 9 AND 10 OF THE FEDERAL TRADE COMMISSION ACT
OF SEPTEMBER 16, 1914 (15 U.S.C. 49, 50) (RELATING TO THE ATTENDANCE OF
WITNESSES AND THE PRODUCTION OF BOOKS, PAPERS, AND DOCUMENTS), ARE MADE
APPLICABLE TO THE JURISDICTION, POWERS, AND DUTIES OF THE SECRETARY.
THE SECRETARY SHALL CONDUCT INVESTIGATIONS IN A MANNER WHICH PROTECTS
THE CONFIDENTIALITY OF ANY COMPLAINANT OR OTHER PARTY WHO PROVIDES
INFORMATION TO THE SECRETARY WITH RESPECT TO WHICH THE SECRETARY
COMMENCES AN INVESTIGATION. THE SECRETARY SHALL MONITOR AND INVESTIGATE
ACTIVITIES OF FARM LABOR CONTRACTORS IN SUCH MANNER AS IS NECESSARY TO
ENFORCE THE PROVISIONS OF THIS ACT.".
SEC. 13. SECTION 9 OF THE ACT //7 USC 2048.// IS AMENDED BY
INSERTING THE SUBSECTION DESIGNATION "(A)" AT THE BEGINNING THEREOF; BY
STRIKING OUT "OR ANY REGULATION PRESCRIBED HEREUNDER"; AND BY STRIKING
THE PERIOD AT THE END THEREOF AND ADDING THE FOLLOWING: ", SENTENCED TO
A PRISON TERM NOT TO EXCEED ONE YEAR, OR BOTH, AND UPON CONVICTION FOR
ANY SUBSEQUENT VIOLATION, SHALL BE PUNISHABLE BY A FINE NOT TO EXCEED
$10,000 OR SENTENCED TO A PRISON TERM NOT TO EXCEED THREE YEARS, OR
BOTH. THE SECRETARY SHALL REPORT ON ENFORCEMENT OF THE PROVISIONS OF
THIS ACT IN THE ANNUAL REPORT OF THE SECRETARY REQUIRED PURSUANT TO
SECTION 9 OF THE ACT ENTITLED 'AN ACT TO CREATE A DEPARTMENT OF LABOR',
APPROVED MARCH 4, 1913 (37 STAT. 738, 29 U.S.C. 560). THE REPORTING
HEREUNDER SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, A DESCRIPTION OF
EFFORTS TO MONITOR AND INVESTIGATE THE ACTIVITIES OF FARM LABOR
CONTRACTORS, THE NUMBER OF PERSONS TO WHOM CERTIFICATES OF REGISTRATION
HAVE BEEN ISSUED, THE NUMBER OF COMPLAINTS OF VIOLATION RECEIVED BY THE
SECRETARY AND THEIR DISPOSITION, AND THE NUMBER AND NATURE OF ANY
SANCTIONS IMPOSED.
"(B)(1) ANY PERSON WHO COMMITS A VIOLATION OF THIS ACT OR ANY
REGULATIONS PROMULGATED UNDER THIS ACT, MAY BE ASSESSED A CIVIL MONEY
PENALTY OF NOT MORE THAN $1,000 FOR EACH VIOLATION. THE PENALTY SHALL
BE ASSESSED BY THE SECRETARY UPON WRITTEN NOTICE, UNDER THE PROCEDURES
SET FORTH HEREIN.
"(2) THE PERSON ASSESSED SHALL BE AFFORDED AN OPPORTUNITY FOR AGENCY
HEARING, UPON REQUEST MADE WITHIN THIRTY DAYS AFTER THE DATE OF ISSUANCE
OF THE NOTICE OF ASSESSMENT. IN SUCH HEARING, ALL ISSUES SHALL BE
DETERMINED ON THE RECORD PURSUANT TO SECTION 554 OF TITLE 5, UNITED
STATES CODE. THE AGENCY DETERMINATION SHALL BE MADE BY FINAL ORDER
SUBJECT TO REVIEW ONLY AS PROVIDED IN PARAGRAPH (3). IF NO HEARING IS
REQUESTED AS HEREIN PROVIDED, THE ASSESSMENT SHALL CONSTITUTE A FINAL
AND UNAPPEALABLE ORDER.
"(3) ANY PERSON AGAINST WHOM AN ORDER IMPOSING A CIVIL MONEY PENALTY
HAS BEEN ENTERED AFTER AN AGENCY HEARING UNDER THIS SECTION MAY OBTAIN
REVIEW BY THE UNITED STATES DISTRICT COURT FOR ANY DISTRICT IN WHICH HE
IS LOCATED OR THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
COLUMBIA BY FILING A NOTICE OF APPEAL IN SUCH COURT WITHIN THIRTY DAYS
FROM THE DATE OF SUCH ORDER, AND SIMULTANEOUSLY SENDING A COPY OF SUCH
NOTICE BY REGISTERED MAIL TO THE SECRETARY. THE SECRETARY SHALL
PROMPTLY CERTIFY AND FILE IN SUCH COURT THE RECORD UPON WHICH THE
PENALTY WAS IMPOSED. THE FINDINGS OF THE SECRETARY SHALL BE SET ASIDE
IF FOUND TO BE UNSUPPORTED BY SUBSTANTIAL EVIDENCE AS PROVIDED BY
SECTION 706(2)(E) OF TITLE 5, UNITED STATES CODE.
"(4) IF ANY PERSON FAILS TO PAY AN ASSESSMENRT AFTER IT HAS BECOME A
FINAL AND UNAPPEALABLE ORDER, OR AFTER THE COURT HAS ENTERED FINAL
JUDGMENT IN FAVOR OF THE AGENCY, THE SECRETARY SHALL REFER THE MATTER TO
THE ATTORNEY GENERAL, WHO SHALL RECOVER THE AMOUNT ASSESSED BY ACTION IN
THE APPROPRIATE UNITED STATES DISTRICT COURT. IN SUCH ACTION THE
VALIDITY AND APPROPRIATENESS OF THE FINAL ORDER IMPOSING THE PENALTY
SHALL NOT BE SUBJECT TO REVIEW.
"(5) ALL PENALTIES COLLECTED UNDER AUTHORITY OF THIS SECTION SHALL BE
PAID INTO THE TREASURY OF THE UNITED STATES.
"(C) NOTWITHSTANDING SUBSECTIONS (A) AND (B) OF THIS SECTION, ANY
FARM LABOR CONTRACTOR WHO COMMITS A VIOLATION OF SUBSECTION 6(F) OF THE
ACT OR ANY REGULATIONS PROMULGATED THEREUNDER SHALL UPON CONVICTION BE
FINED NOT TO EXCEED $10,000 OR SENTENCED TO A PRISON TERM NOT TO EXCEED
THREE YEARS, OR BOTH, IF THE PERSON COMMITTING SUCH VIOLATION HAS FAILED
TO OBTAIN A CERTIFICATE OF REGISTRATION PURSUANT TO THIS ACT OR IS ONE
WHOSE CERTIFICATE HAS BEEN SUSPENDED OR REVOKED BY THE SECRETARY."
SEC. 14. (A) THE FARM LABOR CONTRACTOR REGISTRATION ACT OF 1963 IS
AMENDED BY REDESIGNATING SECTIONS 12, 13, AND 14 //7 USC 2051 - 2053.//
THEREOF AS SECTIONS 15, 16, AND 17, RESPECTIVELY, AND BY INSERTING AFTER
SECTION 11 THE FOLLOWING:
"CIVIL RELIEF
"SEC. 12. //7 USC 2050A.// (A) ANY PERSON CLAIMING TO BE AGGRIEVED
BY THE VIOLATION OF ANY PROVISION OF THIS ACT OR ANY REGULATION
PRESCRIBED HEREUNDER MAY FILE SUIT IN ANY DISTRICT COURT OF THE UNITED
STATES HAVING JURISDICTION OF THE PARTIES WITHOUT RESPECT TO THE AMOUNT
IN CONTROVERSY OR WITHOUT REGARD TO THE CITIZENSHIP OF THE PARTIES AND
WITHOUT REGARD TO EXHAUSTION OF ANY ALTERNATIVE ADMINISTRATIVE REMEDIES
PROVIDED HEREIN.
"(B) UPON APPLICATION BY THE COMPLAINANT AND IN SUCH CIRCUMSTANCES AS
THE COURT MAY DEEM JUST, THE COURT MAY APPOINT AN ATTORNEY FOR SUCH
COMPLAINANT AND MAY AUTHORIZE THE COMMENCEMENT OF THE ACTION. IF THE
COURT FINDS THAT THE RESPONDENT HAS INTENTIONALLY VIOLATED ANY PROVISION
OF THIS ACT OR ANY REGULATION PRESCRIBED HEREUNDER, IT MAY AWARD DAMAGES
UP TO AND INCLUDING AN AMOUNT EQUAL TO THE AMOUNT OF ACTUAL DAMAGES, OR
$500 FOR EACH VIOLATION, OR OTHER EQUITABLE RELIEF. ANY CIVIL ACTION
BROUGHT UNDER THIS SECTION SHALL BE SUBJECT TO APPEAL AS PROVIDED IN
CHAPTER 83 OF TITLE 28, UNITED STATES CODE. //28 USC 1291.//
"(C) IF UPON INVESTIGATION THE SECRETARY DETERMINES THAT THE
PROVISIONS OF THIS ACT HAVE BEEN VIOLATED, HE MAY PETITION ANY
APPROPRIATE DISTRICT COURT OF THE UNITED STATES FOR TEMPORARY OR
PERMANENT INJUNCTIVE RELIEF.
"(D) EXCEPT AS PROVIDED IN SECTION 518(A) OF TITLE 28, UNITED STATES
CODE, RELATING TO LITIGATION BEFORE THE SUPREME COURT, THE SOLICITOR OF
LABOR MAY APPEAR FOR AND REPRESENT THE SECRETARY IN ANY CIVIL LITIGATION
BROUGHT UNDER THIS ACT BUT ALL SUCH LITIGATION SHALL BE SUBJECT TO THE
DIRECTION AND CONTROL OF THE ATTORNEY GENERAL.
"DISCRIMINATION PROHIBITED
"SEC. 13. //7 USC 2056B.// (A) PERSON SHALL INTIMIDATE, THREATEN,
RESTRAIN, COERCE, BLACKLIST, DISCHARGE, OR IN ANY MANNER DISCRIMINATE
AGAINST ANY MIGRANT WORKER BECAUSE SUCH WORKER HAS, WITH JUST CAUSE,
FILED ANY COMPLAINT OR INSTITUTED OR CAUSED TO BE INSTITUTED ANY
PROCEEDING UNDER OR RELATED TO THIS ACT OR HAS TESTIFIED OR IS ABOUT TO
TESTIFY IN ANY SUCH PROCEEDINGS OR BECAUSE OF THE EXERCISE, WITH JUST
CAUSE, BY SUCH WORKER ON BEHALF OF HIMSELF OR OTHERS OF ANY RIGHT OR
PROTECTION AFFORDED BY THIS ACT.
"(B) ANY WORKER WHO BELIEVES, WITH JUST CAUSE, THAT HE HAS BEEN
DISCRIMINATED AGAINST BY ANY PERSON IN VIOLATION OF THIS SECTION MAY,
WITHIN ONE HUNDRED EIGHTY DAYS AFTER SUCH VIOLATION OCCURS, FILE A
COMPLAINT WITH THE SECRETARY ALLEGING SUCH DISCRIMINATION. UPON RECEIPT
OF SUCH COMPLAINT, THE SECRETARY SHALL CAUSE SUCH INVESTIGATION TO BE
MADE AS HE DEEMS APPROPRIATE. IF UPON SUCH INVESTIGATION, THE SECRETARY
DETERMINES THAT THE PROVISIONS OF THIS SECTION HAVE BEEN VIOLATED, HE
SHALL BRING AN ACTION IN ANY APPROPRIATE UNITED STATES DISTRICT COURT
AGAINST SUCH PERSON. IN ANY SUCH ACTION, THE UNITED STATES DISTRICT
COURTS SHALL HAVE JURISDICTION, FOR CAUSE SHOWN, TO RESTRAIN VIOLATION
OF SUBSECTION (A) AND ORDER ALL APPROPRIATE RELIEF INCLUDING REHIRING OR
REINSTATEMENT OF THE WORKER, WITH BACK PAY, OR DAMAGES.
"RECORDKEEPING
"SEC. 14. //7 USC 2050C.// ANY PERSON WHO IS FURNISHED ANY MIGRANT
WORKER BY A FARM LABOR CONTRACTOR SHALL MAINTAIN ALL PAYROLL RECORDS
REQUIRED TO BE KEPT BY SUCH PERSON UNDER FEDERAL LAW, AND WITH RESPECT
TO MIGRANT WORKERS PAID BY A FARM LABOR CONTRACTOR SUCH PERSON SHALL
ALSO OBTAIN FROM THE CONTRACTOR AND MAINTAIN RECORDS CONTAINING THE
INFORMATION REQUIRED TO BE PROVIDED TO HIM BY THE CONTRACTOR UNDER
SECTION 6(E) OF THE ACT." //7 USC 2045.//
SEC. 15. THE ACT IS AMENDED BY ADDITION AT THE END THEREOF OF THE
FOLLOWING NEW SECTIONS:
"WAIVER OF RIGHTS
"SEC. 18. //7 USC 2054.// ANY AGREEMENT BY AN EMPLOYEE PURPORTING TO
WAIVE OR TO MODIFY HIS RIGHTS HEREUNDER SHALL BE VOID AS CONTRARY TO
PUBLIC POLICY, EXCEPT A WAIVER OR MODIFICATION OF RIGHTS OR OBLIGATIONS
HEREUNDER IN FAVOR OF THE SECRETARY SHALL BE VALID FOR PURPOSES OF
ENFORCEMENT OF THE PROVISIONS OF THE ACT.
"AUTHORIZATION OF APPROPRIATIONS
"SEC. 19. //7 USC 2055.// THERE ARE AUTHORIZED TO BE APPROPRIATED TO
CARRY OUT THE PURPOSES OF THIS ACT SUCH SUMS AS MAY BE NECESSARY FOR THE
EFFECTIVE ENFORCEMENT OF THIS ACT."
SEC. 16. SECTION 17 OF THE ACT //7 USC 2053.// (AS REDESIGNATED BY
THIS ACT) IS AMENDED BY STRIKING "OF SECTIONS 4, 5, 6, AND 8".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1493 ACCOMPANYING H.R. 17474 (COMM. ON
EDUCATION AND LABOR).
SENATE REPORT NO. 93 - 1295 (COMM. ON LABOR AND PUBLIC WELFARE).
CONGRESSIONAL RECORD, VOL. 120 (1974):
NOV. 22, CONSIDERED AND PASSED SENATE.
NOV. 26, CONSIDERED AND PASSED HOUSE.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VOL. 10, NO. 50:
DEC. 9, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-517, 88 STAT 1634, DEPARTMENTS OF LABOR, AND HEW
APPROPRIATION ACT, 1975.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE FOLLOWING SUMS
ARE APPROPRIATED OUT OF ANY MONEY IN THE TREASURY NOT OTHERWISE
APPROPRIATED, FOR THE DEPARTMENTS OF LABOR, AND HEALTH, EDUCATION, AND
WELFARE, AND RELATED AGENCIES, FOR THE FISCAL YEAR ENDING JUNE 30, 1975,
AND FOR OTHER PURPOSES, NAMELY:
PROGRAM ADMINISTRATION
FOR EXPENSES OF ADMINISTERING EMPLOYMENT AND TRAINING PROGRAMS,
$68,009,000, TOGETHER WITH NOT TO EXCEED $28,165,000 WHICH MAY BE
EXPENDED FROM THE EMPLOYMENT SECURITY ADMINISTRATION ACCOUNT IN THE
UNEMPLOYMENT TRUST FUND, AND OF WHICH $4,713,000 SHALL BE FOR CARRYING
INTO EFFECT THE PROVISIONS OF 38 U.S.C. 2001 - 2003.
COMPREHENSIVE MANPOWER ASSISTANCE
FOR EXPENSES NECESSARY TO CARRY INTO EFFECT THE COMPREHENSIVE
EMPLOYMENT AND TRAINING ACT OF 1973, AND SECTIONS 326 AND 328 OF THE
TRADE EXPANSION ACT OF 1962 (19 U.S.C. 1951 AND 1961) //29 USC 801
NOTE.// $2,400,000,000, PLUS REIMBURSEMENTS, TO REMAIN AVAILABLE UNTIL
JUNE 30, 1976: PROVIDED, THAT THIS APPROPRIATION SHALL BE AVAILABLE FOR
THE PURCHASE AND HIRE OF PASSENGER MOTOR VEHICLES, AND FOR CONSTRUCTION,
ALTERATION, AND REPAIR OF BUILDINGS AND OTHER FACILITIES AND FOR THE
PURCHASE OF REAL PROPERTY FOR TRAINING CENTERS AS AUTHORIZED BY THE
COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF 1973.
COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
TO CARRY OUT TITLE IX OF THE OLDER AMERICANS COMPREHENSIVE SERVICES
AMENDMENTS OF 1973, //42 USC 3061.// $12,000,000.
FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES
FOR PAYMENTS DURING THE CURRENT FISCAL YEAR OF BENEFITS AND
ALLOWANCES TO UNEMPLOYED FEDERAL EMPLOYEES AND EX-SERVICEMEN, AS
AUTHORIZED BY TITLE 5, CHAPTER 85 OF THE UNITED STATES CODE, //5 USC
8501.// AND FOR TRADE ADJUSTMENT BENEFIT PAYMENTS AND ALLOWANCES, AS
PROVIDED BY LAW (19 U.S.C. 1941 - 1944 AND 1952), $365,000,000, TOGETHER
WITH SUCH AMOUNTS AS MAY BE NECESSARY TO BE CHARGED TO THE SUBSEQUENT
YEAR APPROPRIATION FOR THE PAYMENT OF BENEFITS FOR ANY PERIOD SUBSEQUENT
TO JUNE 15 OF THE CURRENT YEAR: PROVIDED, THAT, IN ADDITION, THERE
SHALL BE TRANSFERRED FROM THE POSTAL SERVICE FUND TO THIS APPROPRIATION
SUCH SUMS AS THE SECRETARY OF LABOR DETERMINES TO BE THE COST OF
BENEFITS FOR EX-POSTAL SERVICE EMPLOYEES.
GRANTS TO STATES FOR UNEMPLOYMENT INSURANCE AND EMPLOYMENT
SERVICES
FOR GRANTS FOR ACTIVITIES AUTHORIZED BY THE ACT OF JUNE 6, 1933, AS
AMENDED (29 U.S.C. 49 - 49N, 39 U.S.C. 3202(A)(1)(E)); VETERANS'
EMPLOYMENT AND READJUSTMENT ACT OF 1972 (38 U.S.C. 2001 - 2013); TITLE
III OF THE SOCIAL SECURITY ACT, AS AMENDED (42 U.S.C. 501 - 503);
SECTIONS 312 (E) AND (G) OF THE COMPREHENSIVE EMPLOYMENT AND TRAINING
ACT OF 1973; //29 USC 882.// AND NECESSARY EXPENSES FOR CARRYING OUT 5
U.S.C. 8501 - 8523 AND 19 U.S.C. 1941 - 1944, 1952, INCLUDING, UPON THE
REQUEST OF ANY STATE, THE PAYMENT OF RENTAL FOR SPACE MADE AVAILABLE TO
SUCH STATE IN LIEU OF GRANTS FOR SUCH PURPOSE, $64,400,000, TOGETHER
WITH NOT TO EXCEED $928,900,000 WHICH MAY BE EXPENDED FROM THE
EMPLOYMENT SECURITY ADMINISTRATION ACCOUNT IN THE UNEMPLOYMENT TRUST
FUND, AND OF WHICH $29,000,000 SHALL BE AVAILABLE ONLY TO THE EXTENT
NECESSARY TO MEET INCREASED COSTS OF ADMINISTRATION RESULTING FROM
CHANGES IN A STATE LAW OR INCREASES IN THE NUMBER OF UNEMPLOYMENT
INSURANCE CLAIMS FILED AND CLAIMS PAID OR INCREASED SALARY COSTS
RESULTING FROM CHANGES IN STATE SALARY COMPENSATION PLANS EMBRACING
EMPLOYEES OF THE STATE GENERALLY OVER THOSE UPON WHICH THE STATE'S BASIC
GRANT WAS BASED, WHICH CANNOT BE PROVIDED FOR BY NORMAL BUDGETARY
ADJUSTMENTS: PROVIDED, THAT ANY PORTION OF THE FUNDS GRANTED TO A STATE
IN THE CURRENT FISCAL YEAR AND NOT OBLIGATED BY THE STATE IN THAT YEAR
SHALL BE RETURNED TO THE TREASURY AND CREDITED TO THE ACCOUNT FROM WHICH
DERIVED.
LABOR-MANAGEMENT SERVICES ADMINISTRATION
SALARIES AND EXPENSES
FOR NECESSARY EXPENSES FOR THE LABOR-MANAGEMENT SERVICES
ADMINISTRATION, $27,745,000.
EMPLOYMENT STANDARDS ADMINISTRATION
SALARIES AND EXPENSES
FOR NECESSARY EXPENSES FOR THE EMPLOYMENT STANDARDS ADMINISTRATION,
INCLUDING REIMBURSEMENT TO STATE, FEDERAL, AND LOCAL AGENCIES AND THEIR
EMPLOYEES FOR INSPECTION SERVICES RENDERED, $69,150,000.
SPECIAL BENEFITS
FOR THE PAYMENT OF COMPENSATION, BENEFITS, AND EXPENSES (EXCEPT
ADMINISTRATIVE EXPENSES) ACCRUING DURING THE CURRENT OF ANY PRIOR FISCAL
YEAR AUTHORIZED BY TITLE IV OF THE FEDERAL COAL MINE HEALTH AND SAFETY
ACT OF 1969, AS AMENDED, //30 USC 901.// AND TITLE V, CHAPTER 81 OF THE
UNITED STATES CODE; //5 USC 8101.// CONTINUATION OF BENEFITS AS
PROVIDED FOR UNDER THE HEAD "CIVILIAN WAR BENEFITS" IN THE FEDERAL
SECURITY AGENCY APPRORIATION ACT, 1944; AND SECTIONS 4(C) AND 5(F) OF
THE WAR CLAIMS ACT OF 1948 (50 U.S.C. APP. 2012); AND NOT TO EXCEED
$1,946,000, WHICH MAY BE TRANSFERRED TO THE FUND CREATED BY SECTION 44
OF THE LONGSHOREMEN'S AND HARBOR WORKERS' COMPENSATION ACT, AS AMENDED,
//33 USC 944.// $165,000,000, TOGETHER WITH SUCH AMOUNT AS MAY BE
NECESSARY TO BE CHARGED TO THE SUBSEQUENT YEAR APPROPRIATION FOR THE
PAYMENT OF COMPENSATION AND OTHER BENEFITS FOR ANY PERIOD SUBSEQUENT TO
JUNE 15 OF THE CURRENT YEAR: PROVIDED, THAT IN ADDITION THERE SHALL BE
TRANSFERRED FROM THE POSTAL SERVICE FUND TO THIS APPROPRIATION SUCH SUMS
AS THE SECRETARY OF LABOR DETERMINES TO BE THE COST OF ADMINISTRATION
FOR POSTAL SERVICE EMPLOYEES THROUGH JUNE 30, 1975.
WHENEVER THE SECRETARY OF LABOR FINDS IT WILL PROMOTE THE ACHIEVEMENT
OF THE ABOVE ACTIVITIES, QUALIFIED PERSONS MAY BE APPOINTED TO CONDUCT
HEARINGS THEREUNDER WITHOUT MEETING THE REQUIREMENTS FOR HEARING
EXAMINERS APPOINTED UNDER 5 U.S.C. 3105: PROVIDED, THAT NO PERSON SHALL
HOLD A HEARING IN ANY CASE WITH WHICH HE HAS BEEN CONCERNED PREVIOUSLY
IN THE ADMINISTRATION OF SUCH ACTIVITIES.
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
FOR NECESSARY EXPENSES FOR THE OCCUPATIONAL SAFETY AND HEALTH
ADMINISTRATION, $102,006,000, OF WHICH NOT TO EXCEED $5,000,000 SHALL BE
AVAILABLE FOR REIMBURSEMENT TO STATES UNDER SECTION 7(C)(1) OF THE
OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 (29 U.S.C. 656(C)(1)) FOR THE
FURNISHING OF CONSULTATION SERVICES TO EMPLOYERS UNDER SECTION 21( C) OF
SUCH ACT (29 U.S.C. 670(C)).
NONE OF THE FUNDS APPROPRIATED IN THIS ACT SHALL BE USED TO REQUIRE
RECORDKEEPING AND REPORTING UNDER THE OCCUPATIONAL SAFETY AND HEALTH ACT
OF 1970 //29 USC 651 NOTE.// FROM EMPLOYERS OF TEN OR FEWER EMPLOYEES,
AND SUCH EXCLUSION SHALL BE GOVERNED BY THE CURRENT RULES AND
REGULATIONS IN CFR, TITLE 29, CHAPTER XVII, PART 1904.15.
BUREAU OF LABOR STATISTICS
SALARIES AND EXPENSES
FOR NECESSARY EXPENSES FOR THE BUREAU OF LABOR STATISTICS, INCLUDING
ADVANCES OR REIMBURSEMENTS TO STATE, FEDERAL, AND LOCAL AGENCIES AND
THEIR EMPLOYEES FOR SERVICES RENDERED, $52,872,000, OF WHICH $6,174,000
SHALL BE FOR EXPENSES OF REVISING THE CONSUMER PRICE INDEX, INCLUDING
SALARIES OF TEMPORARY PERSONNEL ASSIGNED TO THIS PROJECT WITHOUT REGARD
TO COMPETITIVE CIVIL SERVICE REQUIREMENTS.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
FOR NECESSARY EXPENSES FOR DEPARTMENTAL MANAGEMENT AND $1,270,000 FOR
THE PRESIDENT'S COMMITTEE ON EMPLOYMENT OF THE HANDICAPPED, $29,675,000,
TOGETHER WITH NOT TO EXCEED $820,000 TO BE DERIVED FROM THE EMPLOYMENT
SECURITY ADMINISTRATION ACCOUNT, UNEMPLOYMENT TRUST FUND.
SPECIAL FOREIGN CURRENCY PROGRAM
FOR PAYMENTS IN FOREIGN CURRENCIES WHICH THE TREASURY DEPARTMENT
DETERMINES TO BE EXCESS TO THE NORMAL REQUIREMENTS OF THE UNITED STATE,
FOR NECESSARY EXPENSES OF THE DEPARTMENT OF LABOR, AS AUTHORIZED BY LAW,
$200,000, TO REMAIN AVAILABLE UNTIL EXPENDED: PROVIDED, THAT THIS
APPROPRIATION SHALL BE AVAILABLE, IN ADDITION TO OTHER APPROPRIATIONS TO
SUCH AGENCY FOR PAYMENTS IN THE FOREGOING CURRENCIES.
GENERAL PROVISIONS
SEC. 101. APPROPRIATIONS IN THIS ACT AVAILABLE FOR SALARIES AND
EXPENSES SHALL BE AVAILABLE FOR SUPPLIES, SERVICES, AND RENTAL OF
CONFERENCE SPACE WITHIN THE DISTRICT OF COLUMBIA, AS THE SECRETARY OF
LABOR SHALL DEEM NECESSARY FOR SETTLEMENT OF LABOR-MANAGEMENT DISPUTES.
THIS TITLE MAY BE CITE AS THE "DEPARTMENT OF LABOR APPROPRIATION ACT,
1975".
HEALTH SERVICES ADMINISTRATION
HEALTH SERVICES
FOR CARRYING OUT, EXCEPT AS OTHERWISE PROVIDED, TITLES III, V, XI,
XII, AND XIII OF THE PUBLIC HEALTH SERVICE ACT, //42 USC 241, 219, 300B,
300D, 300E.// THE ACT OF AUGUST 8, 1946 (5 U.S.C. 7901), //ANTE, P.
371.// SECTION 1 OF THE ACT OF JULY 19, 1963 (42 U.S.C. 253A), SECTION
108 OF PUBLIC LAW 93 - 353, AND TITLE V OF THE SOCIAL SECURITY ACT, //42
USC 701.// $493,455,000, OF WHICH $1,200,000 SHALL BE AVAILABLE ONLY FOR
PAYMENTS TO THE STATE OF HAWAII FOR CARE AND TREATMENT OF PERSONS
AFFLICTED WITH LEPROSY: PROVIDED, THAT $3,000,000 SHALL REMAIN
AVAILABLE THROUGH JUNE 30, 1976, PURSUANT TO SECTIONS 1303(I) AND
1304(K) OF THE PUBLIC HEALTH SERVICE ACT: //42 USC 300E-2, 300E-3.//
PROVIDED FURTHER, THAT ANY AMOUNTS RECEIVED BY THE SECRETARY IN
CONNECTION WITH LOANS AND LOAN GUARANTEES UNDER TITLE XIII AND ANY OTHER
PROPERTY OR ASSETS DERIVED BY HIM FORM HIS OPERATIONS RESPECTING SUCH
LOANS AND LOAN GUARANTEES, INCLUDING ANY MONEY DERIVED FROM THE SALE OF
ASSETS, SHALL BE AVAILABLE TO THE SECRETARY WITHOUT FISCAL YEAR
LIMITATION FOR DIRECT LOANS AND LOAN GUARANTEES, AS AUTHORIZED BY SAID
TITLE XIII, IN ADDITION TO FUNDS SPECIFICALLY APPROPRIATED FOR THAT
PRUPOSE: PROVIDED FURTHER, THAT $1,600,000 SHALL BE AVAILABLE FOR
PAYMENT OF THE COSTS OF MEDICAL CARE, RELATED EXPENSES, AND BURIAL
EXPENSES, HEREAFTER INCURRED, BY OR ON BEHALF OF ANY PERSON WHO HAS
PARTICIPATED IN THE STUDY OF UNTREATED SYPHILIS INITIATED IN TUSKEGEE,
ALABAMA, IN 1932, IN SUCH AMOUNTS AND SUBJECT TO SUCH TERMS AND
CONDITIONS AS PRESCRIBED BY THE SECRETARY OF HEALTH, EDUCATION, AND
WELFARE, AND FOR PAYMENT, IN SUCH AMOUNTS AND SUBJECT TO SUCH TERMS AND
CONDITIONS, OF SUCH COSTS AND EXPENSES HEREAFTER INCURRED BY OR ON
BEHALF OF SUCH PERSON'S WIFE OR OFF-SPRING DETERMINED BY THE SECRETARY
TO HAVE SUFFERED INJURY OR DISEASE FOM SYPHILIS CONTRACTED FROM SUCH
PERSON, TO REMAIN AVAILABLE UNTIL EXPENDED: PROVIDED FURTHER, THAT WHEN
THE HEALTH SERVICES ADMINISTRATION OPERATES AN EMPLOYEE HEALTH PROGRAM
FOR ANY FEDERAL DEPARTMENT OR AGENCY, PAYMENT FOR THE ESTIMATED COST
SHALL BE MADE BY WAY OF REIMBURSEMENT OR IN ADVANCE TO THIS
APPROPRIATION: PROVIDED FURTHER, THAT IN ADDITION, $5,774,000 MAY BE
TRANSFERRED TO THIS APPROPRIATION AS AUTHORIZED BY SECTION 201(G)(1) OF
THE SOCIAL SECURITY ACT, //42 USC 401.// FROM ANY ONE OR ALL OF THE
TRUST FUNDS REFERRED TO THEREIN: PROVIDED FURTHER, THAT $1,300,000 OF
THE FUNDS CONTAINED IN THIS APPROPRIATION FOR CONSTRUCTION AND RELATED
ACTIVITIES SHALL REMAIN AVAILABLE UNTIL EXPENDED.
CENTER FOR DISEASE CONTROL
PREVENTIVE HEALTH SERVICES
TO CARRY OUT, TO THE EXTENT NOT OTHERWISE PROVIDED, TITLE III OF THE
PUBLIC HEALTH SERVICE ACT, //42 USC 241.// THE LEAD-BASED PAINT
POISONING PREVENTION ACT, //42 USC 4801 NOTE.// THE FEDERAL COAL MINE
HEALTH AND SAFETY ACT OF 1969, //30 USC 801 NOTE.// AND THE OCCUPATIONAL
SAFETY AND HEALTH ACT OF 1970; //29 USC 651 NOTE.// INCLUDING INSURANCE
OF OFFICIAL MOTOR VEHICLES IN FOREIGN COUNTRIES; AND PURCHASE, HIRE,
MAINTENANCE, AND OPERATION OF AIRCRAFT; $136,443,000: PROVIDED, THAT
TRAINING OF EMPLOYEES OF FEDERAL, STATE, AND LOCAL GOVERNMENTS AND OF
PRIVATE AGENCIES, SHALL BE MADE SUBJECT TO REIMBURSEMENT OR ADVANCES TO
THIS APPROPRIATION FOR THE FULL COSTS OF SUCH TRAINING.
NATIONAL INSTITUTES OF HEALTH
NATIONAL CANCER INSTITUTE
FOR CARRYING OUT, TO THE EXTENT NOT OTHERWISE PROVIDED, TITLE IV,
//42 USC 281.// PARTS A AND I, OF THE PUBLIC HEALTH SERVICE ACT WITH
RESPECT TO CANCER, $691,666,000. //ANTE. PP. 135, 342, 360, 42 USC
2891.//
NATIONAL HEART AND LUNG INSTITUTE
FOR EXPENSES, NOT OTHERWISE PROVIDED FOR, NECESSARY TO CARRY OUT
TITLE IV, PARTS B AND I, AND TITLE XI OF THE PUBLIC HEALTH SERVICE ACT,
//42 USC 287, 300B.// $324,130,000.
NATIONAL INSTITUTE OF DENTAL RESEARCH
FOR EXPENSES, NOT OTHERWISE PROVIDED FOR, TO CARRY OUT TITLE IV,
PARTS C AND I, OF THE PUBLIC HEALTH SERVICE ACT, //42 USC 288.//
$49,864,000.
NATIONAL INSTITUTE OF ARTHRITIS, METABOLISM, AND DIGESTIVE
DISEASES
FOR EXPENSES NECESSARY TO CARRY OUT TITLE IV, PARTS D AND I, OF THE
PUBLIC HEALTH SERVICE ACT //42 USC 289A.// WITH RESPECT TO ARTHRITIS,
RHEUMATISM, METABOLIC DISEASES, AND DIGESTIVE DISEASES, $173,121,000.
NATIONAL INSTITUTE OF NEUROLOGICAL DISEASES AND STROKE
FOR EXPENSES NECESSARY TO CARRY OUT, TO THE EXTENT NOT OTHERWISE
PROVIDED, TITLE IV, PARTS D AND I, OF THE PUBLIC HEALTH SERVICE ACT //42
USC 289A NOTE.// WITH RESPECT TO NEUROLOGY AND STROKE, $142,498,000.
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES
FOR EXPENSES, NOT OTHERWISE PROVIDED FOR, TO CARRY OUT TITLE IV,
PARTS D AND I, OF THE PUBLIC HEALTH SERVICE ACT WITH RESPECT TO ALLERGY
AND INFECTIOUS DISEASES, $119,452,000.
NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES
FOR EXPENSES, NOT OTHERWISE PROVIDED FOR, NECESSARY TO CARRY OUT
TITLE IV, PARTS E AND I, OF THE PUBLIC HEALTH SERVICE ACT //42 USC
289E.// WITH RESPECT TO GENERAL MEDICAL SCIENCES, $187,400,000.
NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT
TO CARRY OUT, EXCEPT AS OTHERWISE PROVIDED, TITLE IV, PARTS E AND I,
OF THE PUBLIC HEALTH SERVICE ACT WITH RESPECT TO CHILD HEALTH AND HUMAN
DEVELOPMENT, $141,966,000.
NATIONAL EYE INSTITUTE
FOR EXPENSES NECESSARY TO CARRY OUT TITLE IV, PARTS F AND I, OF THE
PUBLIC HEALTH SERVICE ACT, //42 USC 289I.// WITH RESPECT TO EYE DISEASES
AND VISUAL DISORDERS, $44,133,000.
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
TO CARRY OUT, EXCEPT AS OTHERWISE PROVIDED, SECTIONS 301, 311, AND
TITLE IV, PART I, OF THE PUBLIC HEALTH SERVICE ACT, //42 USC 241, 243.//
WITH RESPECT TO ENVIRONMENTAL HEALTH SCIENCES, $34,949,000.
RESEARCH RESOURCES
TO CARRY OUT, EXCEPT AS OTHERWISE PROVIDED, SECTION 301 //42 USC
241.// AND TITLE IV, PART I OF THE PUBLIC HEALTH SERVICE ACT //ANTE, PP.
135, 342, 360.// WITH RESPECT TO RESEARCH RESOURCES AND GENERAL RESEARCH
SUPPORT GRANTS, $127,200,000: PROVIDED, THAT NONE OF THESE FUNDS SHALL
BE USED TO PAY RECIPIENTS OF THE GENERAL RESEARCH SUPPORT GRANTS
PROGRAMS ANY AMOUNT FOR INDIRECT EXPENSES IN CONNECTION WITH SUCH
GRANTS. //42 USC 2891.//
JOHN E. FOGARTY INTERNATIONAL CENTER FOR ADVANCED STUDY IN THE
HEALTH SCIENCES
FOR THE JOHN E. FOGARTY INTERNATIONAL CENTER FOR ADVANCED STUDY IN
THE HEALTH SCIENCES, $5,589,000, OF WHICH NOT TO EXCEED $500,000 SHALL
BE AVAILABLE FOR PAYMENT TO THE GORGAS MEMORIAL INSTITUTE FOR
MAINTENANCE AND OPERATION OF THE GORGAS MEMORIAL LABORATORY.
NATIONAL LIBRARY OF MEDICINE
TO CARRY OUT, TO THE EXTENT NOT OTHERWISE PROVIDED FOR, SECTION 301
WITH RESPECT TO HEALTH INFORMATION COMMUNICATIONS AND PARTS I AND J OF
TITLE III OF THE PUBLIC HEALTH SERVICE ACT, $28,450,000.
BUILDINGS AND FACILITIES
FOR CONSTRUCTION OF, AND ACQUISITION OF SITES AND EQUIPMENT FOR,
FACILITIES OF OR USED BY THE NATIONAL INSTITUTES OF HEALTH, WHERE NOT
OTHERWISE PROVIDED, $3,000,000, TO REMAIN AVAILABLE UNTIL EXPENDED.
OFFICE OF THE DIRECTOR
FOR EXPENSES NECESSARY FOR THE OFFICE OF THE DIRECTOR, NATIONAL
INSTITUTES OF HEALTH, $17,000,000.
FUNDS ADVANCED TO THE NATIONAL INSTITUTES OF HEALTH MANAGEMENT FUND
FROM APPROPRIATIONS IN THIS ACT SHALL BE AVAILABLE FOR THE EXPENSES OF
SHARING MEDICAL CARE FACILITIES AND RESOURCES PURSUANT TO SECTION 328 OF
THE PUBLIC HEALTH SERVICE ACT AND FOR THE PURCHASE OF NOT TO EXCEED
FOURTEEN PASSENGER MOTOR VEHICLES FOR REPLACEMENT ONLY.
ALCOHOL, DRUG ABUSE, AND MENTAL HEALTH ADMINISTRATION
ALCOHOL, DRUG ABUSE, AND MENTAL HEALTH
FOR CARRYING OUT THE PUBLIC HEALTH SERVICE ACT WITH RESPECT TO MENTAL
HEALTH AND, EXCEPT AS OTHERWISE PROVIDED, THE COMMUNITY MENTAL HEALTH
CENTERS ACT (42 U.S.C. 26818 ET. SEQ.), THE COMPREHENSIVE ALCOHOL ABUSE
AND ALCOHOLISM PREVENTION, TREATMENT, AND REHABILITATION ACT OF 1970,
THE NARCOTIC ADDICT REHABILITATION ACT OF 1966, AND THE DRUG ABUSE
OFFICE AND TREATMENT ACT OF 1972, $781,358,000.
SAINT ELIZABETHS HOSPITAL
FOR EXPENSES NECESSARY FOR THE MAINTENANCE AND OPERATION OF THE
HOSPITAL, INCLUDING CLOTHING FOR PATIENTS, AND COOPERATION WITH
ORGANIZATIONS OR INDIVIDUALS IN THE SCIENTIFIC RESEARCH INTO THE NATURE,
CAUSES, PREVENTION, AND TREATMENT OF MENTAL ILLNESS, $42,340,000, OR
SUCH AMOUNTS AS MAY BE NECESSARY TO PROVIDE A TOTAL APPROPRIATION EQUAL
TO THE DIFFERENCE BETWEEN THE AMOUNT OF THE REIMBURSEMENTS RECEIVED
DURING THE CURRENT FISCAL YEAR ON ACCOUNT OF PATIENT CARE PROVIDED BY
THE HOSPITAL DURING SUCH YEAR AND $66,233,000.
HEALTH RESOURCES ADMINISTRATION
HEALTH RESOURCES
FOR CARRYING OUT THE DISTRICT OF COLUMBIA MEDICAL AND DENTAL MANPOWER
ACT OF 1970, AS AMENDED, //D.C. CODE 31 - 921 ET SEQ.// $7,500,000.
PAYMENT OF SALES INSUFFICIENCIES AND INTEREST LOSSES
FOR THE PAYMENT FO SUCH INSUFFICIENCIES AS MAY BE REQUIRED BY THE
TRUSTEE ON ACCOUNT OF OUTSTANDING BENEFICIAL INTEREST OR PARTICIPATIONS
IN THE HEALTH PROFESSIONS EDUCATION FUND ASSETS OR NURSE TRAINING FUND
ASSETS, AUTHORIZED BY THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE
APPROPRIATION ACT, 1968, //81 STAT. 390.// TO BE ISSUED PURSUANT TO
SECTION 302(C) OF THE FEDERAL NATIONAL MORTGAGE ASSOCIATION CHARTER ACT,
//12 USC 1717.// $164,000, AND FOR PAYMENT OF AMOUNTS PURSUANT TO
SECTION 744(B) OR 827(B) OF THE PUBLIC HEALTH SERVICE ACT //42 USC 294D,
297F.// TO SCHOOLS WHICH BORROW ANY SUMS FROM THE HEALTH PROFESSIONS
EDUCATION FUND OR NURSE TRAINING FUND, $3,836,000: PROVIDED, THAT THE
AMOUNTS APPROPRIATED HEREIN SHALL REMAIN AVAILABLE UNTIL EXPENDED.
HEALTH PROFESSIONS EDUCATION FUND
THE SECRETARY IN HEREBY AUTHORIZED TO MAKE SUCH EXPENDITURES, WITHIN
THE LIMITS OF FUNDS AVAILABLE IN THE HEALTH PROFESSIONS EDUCATION FUND
AND THE NURSE TRAINING FUND, AND IN ACCORD WITH LAW, AND TO MAKE SUCH
CONTRACT AND COMMITMENTS WITHOUT REGARD TO FISCAL YEAR LIMITATION AS
PROVIDED BY SECTION 104 OF THE GOVERNMENT CORPORATION CONTROL ACT, AS
AMENDED, //31 USC 849.// AS MAY BE NECESSARY IN CARRYING OUT THE
PROGRAMS SET FORTH IN THE BUDGET FOR THE CURRENT FISCAL YEAR.
ASSISTANT SECRETARY FOR HEALTH
FOR EXPRESS NECESSARY FOR THE OFFICE OF THE ASSISTANT SECRETARY FOR
HEALTH, $30,215,000; TOGETHER WITH NOT TO EXCEED $27,000,000 TO BE
TRANSFERRED AND EXPENDED AS AUTHORIZED BY SECTION 201(G)(1) OF THE
SOCIAL SECURITY ACT, //42 USC 401.// FROM ANY ONE OR ALL OF THE TRUST
FUNDS REFERRED TO THEREIN, TO CARRY OUT, TO THE EXTENT NOT OTHERWISE
PROVIDED, TITLE XI, PART B, OF THE SOCIAL SECURITY ACT. //42 USC 1301,
1395J.//
RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED OFFICERS
FOR RETIRED PAY OF COMMISSIONED OFFICERS, AS AUTHORIZED BY LAW, AND
FOR PAYMENTS UNDER THE RETIRED SERVICEMAN'S FAMILY PROTECTION PLAN;
SURVIVOR BENEFIT PLAN AND PAYMENTS FOR MEDICAL CARE OF DEPENDENTS AND
RETIRED PERSONNEL UNDER THE DEPENDENTS' MEDICAL CARE ACT (10 U.S.C., CH.
55), SUCH AMOUNT AS MAY BE REQUIRED DURING THE CURRENT FISCAL YEAR.
OFFICE OF EDUCATION
ELEMENTARY AND SECONDARY EDUCATION
FOR CARRYING OUT, TO THE EXTENT NOT OTHERWISE PROVIDED, THE
EVIRONMENTAL EDUCATION ACT, //20 USC 1531 NOTE.// PART IV OF TITLE III
OF THE COMMUNICATIONS ACT OF 1934, //47 USC 390.// THE COOPERATIVE
RESEARCH ACT; //20 USC 331 NOTE.// TITLE IV OF THE CIVIL RIGHTS ACT OF
1964; //42 USC 2000C.// AND SECTION 222(A)(2) AND TITLE IX OF THE
ECONOMIC OPPORTUNITY ACT OF 1964, //42 USC 2809.// $107,600,000 OF WHICH
$12,000,000 SHALL BE FOR EDUCATIONAL BROADCASTING FACILITIES AND SHALL
REMAIN AVAILABLE UNTIL EXPENDED.
OCCUPATIONAL, VOCATIONAL, AND ADULT EDUCATION
FOR CARRYING OUT, TO THE EXTENT NOT OTHERWISE PROVIDED, SECTION 102
(B) ($20,000,000), PARTS B AND C ($438,978,000), D, F ($35,994,000), G
($19,500,000), H ($9,849,000) AND I OF THE VOCATIONAL EDUCATION ACT OF
1963, AS AMENDED (20 U.S.C. 1241 - 1391), THE COOPERATIVE RESEARCH ACT,
//20 USC 331 NOTE.// AND PARTS B-1 ($37,500,000), D ($8,139,000), E
($2,100,000), AND F ($9,000,000) OF THE EDUCATION PROFESSIONS
DEVELOPMENT ACT, //20 USC 1101, 1119, 1119B, 1119C.// $612,376,000
INCLUDING $16,000,000 FOR EXEMPLARY PROGRAMS UNDER PART D OF SAID 1963
ACT OF WHICH 50 PER CENTUM SHALL REMAIN AVAILABLE UNTIL EXPENDED AND 50
PER CENTUM SHALL REMAIN AVAILABLE THROUGH JUNE 30, 1976, AND NOT TO
EXCEED $18,000,000 FOR RESEARCH AND TRAINING UNDER PART C OF SAID 1963
ACT.
HIGHER EDUCATION
FOR CARRYING OUT, TO THE EXTENT NOT OTHERWISE PROVIDED, TITLES I,
III, IV, SECTION 745 OF TITLE VII, AND PARTS A, B, C, AND D OF TITLE IX,
AND SECTION 1203 OF THE HIGHER EDUCATION ACT, //20 USC 1001, 1051, 1061,
1132C-4, 1134, 1134D, 1134I, 1134N, 1142B.// THE EMERGENCY ISURED
STUDENT LOAN ACT OF 1969 AS AMENDED, //20 USC 1078A NOTE.// SECTION 207
AND TITLE VI OF THE NATIONAL DEFENSE EDUCATION ACT, AS AMENDED, //20 USC
427, 511.// THE MUTUAL EDUCATIONAL AND CULTURAL EXCHANGE ACT OF 1961,
//22 USC 2451 NOTE.// SECTION 22 OF THE ACT OF JUNE 29, 1935, AS AMENDED
//20 USC 1232.// (7 U.S.C. 329), SECTION 421 OF THE GENERAL EDUCATION
PROVISIONS ACT, AND PUBLIC LAW 92 - 506 OF OCTOBER 19, 1972, //86 STAT.
907.// $2,131,271,000, OF WHICH $240,300,000 FOR SUPPLEMENTAL
EDUCATIONAL OPPORTUNITY GRANTS AND AMOUNTS REALLOTTED FOR WORK-STUDY
SHALL REMAIN AVAILABLE THROUGH JUNE 30, 1976, $23,750,000 SHALL BE FOR
VETERANS COST-OF-INSTRUCTION PAYMENTS TO INSTITUTIONS OF HIGHER
EDUCATION, AND $660,000,000 SHALL BE FOR BASIC OPPORTUNITY GRANTS
(INCLUDING NOT TO EXCEED $11,500,000 FOR ADMINISTRATIVE EXPENSES) OF
WHICH $648,500,000 SHALL REMAIN AVAILABLE THROUGH JUNE 30, 1976,
$315,000,000 FOR SUBSIDIES ON GUARANTEED STUDENT LOANS SHALL REMAIN
AVAILABLE UNTIL EXPENDED: PROVIDED, THAT NONE OF THE FUNDS IN THIS ACT
SHALL BE USED TO PAY ANY AMOUNT FOR BASIC OPPORTUNITY GRANTS FOR
STUDENTS WHO WERE ENROLLED AT INSTITUTIONS OF HIGHER EDUCATION PRIOR TO
APRIL 1, 1973.
LIBRARY RESOURCES
FOR CARRYING OUT, TO THE EXTENT NOT OTHERWISE PROVIDED, TITLES I
($49,155,000) AND III ($2,594,000) OF THE LIBRARY SERVICES AND
CONSTRUCTION ACT (20 U.S.C. CH. 16); //20 USC 352, 355E.// AND TITLE II
(EXCEPT SECTION 231) AND TITLE VI ($7,500,000) OF THE HIGHER EDUCATION
ACT; //20 USC 1021, 1121.// $72,224,000.
EDUCATIONAL ACTIVITIES OVERSEAS (SPECIAL FOREIGN CURRENCY
PROGRAM)
FOR PAYMENTS IN FOREIGN CURRENCIES WHICH THE TREASURY DEPARTMENT
DETERMINES TO BE EXCESS TO THE NORMAL REQUIREMENTS OF THE UNITED STATE,
FOR NECESSARY EXPENSES OF THE OFFICE OF EDUCATION, AS AUTHORIZED BY LAW,
$1,000,000, TO REMAIN AVAILABLE UNTIL EXPENDED: PROVIDED, THAT THIS
APPROPRIATION SHALL BE AVAILABLE, IN ADDITION TO OTHER APPROPIRATIONS TO
SUCH OFFICE, FOR PAYMENTS IN THE FOREGOING CURRENCIES.
SALARIES AND EXPENSES
FOR CARRYING OUT, TO THE EXTENT NOT OTHERWISE PROVIDED, THE GENERAL
EDUCATION PROVISIONS ACT, AND THE COOPERATIVE RESEARCH ACT, //20 USC
1221.// INCLUDING RENTAL OF CONFERENCE ROOMS IN THE DISTRICT OF
COLUMBIA, $114,400,000.
STUDENT LOAN INSURANCE FUND
FOR THE STUDENT LOAN INSURANCE FUND AUTHORIZED BY THE HIGHER
EDUCATION ACT OF 1965, $115,000,000 TO REMAIN AVAILABLE UNTIL EXPENDED.
//20 USC 1001 NOTE.//
HIGHER EDUCATION FACILITIES LOAN AND INSURANCE FUND
FOR THE PAYMENT OF SUCH INSUFFICIENCIES AS MAY BE REQUIRED BY THE
TRUSTEE ON ACCOUNT OF OUTSTANDING BENEFICIAL INTEREST OR PARTICIPATIONS
IN ASSESTS OF THE OFFICE OF EDUCATION AUTHORIZED BY THE DEPARTMENT OF
HEALTH, EDUCATION, AND WELFARE APPROPRIATION ACT, 1968, //81 STAT.
390.// TO BE ISSUED PURSUANT TO SECTION 302(C) OF THE FEDERAL NATIONAL
MORTGAGE ASSOCIATION CHARTER ACT (12 U.S.C. 1717(C)), $2,701,000, TO
REMAIN AVAILABLE UNTIL EXPENDED, AND THE SECRETARY IS HEREBY AUTHORIZED
TO MAKE SUCH EXPENDITURES, WITHIN THE LIMITS OF FUNDS AVAILABLE IN THE
HIGHER EDUCATION FACILITIES LOAN AND INSURANCE FUND, AND IN ACCORD WITH
LAW, AND TO MAKE SUCH CONTRACTS AND COMMITMENTS WITHOUT REGARD TO FISCAL
YEAR LIMITATION AS PROVIDED BY SECTION 104 OF THE GOVERNMENT CORPORATION
CONTROL ACT (31 U.S.C. 849) AS MAY BE NECESSARY IN CARRYING OUT THE
PROGRAM SET FORTH IN THE BUDGET FOR THE CURRENT FISCAL YEAR FOR SUCH
FUND: PROVIDED, THAT LOANS MAY BE MADE DURING THE CURRENT FISCAL YEAR
FROM THE FUND TO THE EXTENT THAT AMOUNTS ARE AVAILABLE FROM COMMITMENTS
WITHDRAWN PRIOR TO JULY 1, 1975, BY THE COMMISSIONER OF EDUCATION.
NATIONAL INSTITUTE OF EDUCATION
FOR CARRYING OUT SECTION 405 OF THE GENERAL EDUCATION PROVISIONS ACT,
//20 USC 1221E.// INCLUDING RENTAL OF CONFERENCE ROOMS IN THE DISTRICT
OF COLUMBIA, $70,000,000: PROVIDED, THAT NONE OF THE FUNDS APPROPRIATED
UNDER THIS HEADING MAY BE USED TO AWARD A GRANT OR CONTRACT TO ANY
EDUCATIONAL LABORATORY, RESEARCH AND DEVELOPMENT CENTER, OR ANY OTHER
PROJECT IF ANY EMPLOYEE, OF SAID LABORATORY, CENTER, OR PROJECT IS
COMPENSATED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART FROM FEDERAL
FUNDS AT AN ANNUAL SALARY IN EXCESS OF THE SALARY PAID TO THE U.S.
COMMISSIONER OF EDUCATION OR THE DIRECTOR OF THE NATIONAL INSTITUTE OF
EDUCATION.
OFFICE OF THE ASSISTANT SECRETARY FOR EDUCATION
SALARIES AND EXPENSES
FOR NECESSARY EXPENSES TO CARRY OUT SECTION 402 OF THE GENERAL
EDUCATION PROVISIONS ACT, //20 USC 1221B.// $2,307,000.
IMPROVEMENT OF POSTSECONDARY EDUCATION
FOR CARRYING OUT, TO THE EXTENT NOT OTHERWISE PROVIDED SECTION 404 OF
THE GENERAL EDUCATION PROVISIONS ACT, //20 USC 1221D.// $11,500,000.
SOCIAL AND REHABILITATION SERVICE
PUBLIC ASSISTANCE
FOR CARRYING OUT, EXCEPT AS OTHERWISE PROVIDED, TITLES I, IV, VI, X,
XI, XIV, XVI, XIX OF THE SOCIAL SECURITY ACT, //42 USC 301, 601, 801,
1201, 1301, 1351, 1381, 1396.// AND THE ACT OF JULY 5, 1960 (24 U.S.C.
CH. 9), //24 USC 321.// $12,111,731,000, OF WHICH $50,000,000 SHALL BE
FOR CHILD WELFARE SERVICES UNDER PART B OF TITLE IV. //42 USC 620.//
FOR MAKING, AFTER MARCH 31 OF THE CURRENT FISCAL YEAR, PAYMENTS TO
STATES UNDER TITLES I, IV, VI, X, XIV, XVI, AND XIX, RESPECTIVELY, OF
THE SOCIAL SECURITY ACT, //42 301, 301, 801, 1201, 1351, 1381, 1396.//
FOR THE LAST THREE MONTHS OF THE CURRENT FISCAL YEAR (EXCEPT WITH
RESPECT TO ACTIVITIES INCLUDED IN THE APPROPRIATION FOR "WORK
INCENTIVES"); AND FOR MAKING, AFTER APRIL 30 OF THE CURRENT FISCAL
YEAR, PAYMENTS FOR THE FIRST QUARTER OF THE NEXT SUCCEEDING FISCAL YEAR;
SUCH SUMS AS MAY BE NECESSARY, THE OBLIGATIONS INCURRED AND THE
EXPENDITURES MADE THEREUNDER FOR PAYMENTS UNDER EACH OF SUCH TITLES TO
BE CHARGED TO THE SUBSEQUENT APPROPRIATIONS THEREFOR FOR THE CURRENT OR
SUCCEEDING FISCAL YEAR.
IN THE ADMINISTRATION OF TITLES I, IV (OTHER THAN PART C THEREOF),
VI, X, XIV, XVI, AND XIX, RESPECTIVELY, OF THE SOCIAL SECURITY ACT,
PAYMENTS TO A STATE UNDER ANY SUCH TITLES FOR ANY QUARTER IN THE PERIOD
BEGINNING APRIL 1 OF THE PRIOR YEAR, AND ENDING JUNE 30 OF THE CURRENT
YEAR MAY BE MADE WITH RESPECT TO A STATE PLAN APPROVED UNDER SUCH TITLE
PRIOR TO OR DURING SUCH PERIOD, BUT NO SUCH PAYMENT SHALL BE MADE WITH
RESPECT TO ANY PLAN FOR ANY QUARTER PRIOR TO THE QUARTER IN WHICH SUCH
PLAN WAS SUBMITTED FOR APPROVAL.
SUCH AMOUNTS AS MAY BE NECESSARY FROM THIS APPROPRIATION SHALL BE
AVAILABLE FOR GRANTS TO STATES FOR ANY PERIOD IN THE PRIOR FISCAL YEAR
SUBSEQUENT TO MARCH 31 OF THAT YEAR.
WORK INCENTIVES
FOR CARRYING OUT A WORK INCENTIVE PROGRAM, AS AUTHORIZED BY PART C OF
TITLE IV OF THE SOCIAL SECURITY ACT, //42 USC 630.// INCLUDING
REGISTRATION OF INDIVIDUALS FOR SUCH PROGRAM, AND FOR RELATED CHILD CARE
AND OTHER SUPPORTIVE SERVICES, AS AUTHORIZED BY SECTION 402(A)( 19)(G)
OF THE ACT, //42 USC 602.// INCLUDING TRANSFER TO THE SECRETARY OF
LABOR, AS AUTHORIZED BY SECTION 431 OF THE ACT, //42 USC 631.//
$210,000,000, WHICH SHALL BE THE MAXIMUM AMOUNT AVAILABLE FOR TRANSFER
TO THE SECRETARY OF LABOR AND TO WHICH THE STATES MAY BECOME ENTITLED
PURSUANT TO SECTION 403(D) OF SUCH ACT, //42 USC 603.// FOR THESE
PURPOSES.
REHABILITATION SERVICES
FOR CARRYING OUT, EXCEPT AS OTHERWISE PROVIDED, THE REHABILITATION
ACT OF 1973, //29 USC 701 NOTE.// SECTION 303(A)(1) OF THE PUBLIC HEALTH
SERVICE ACT, //42 USC 242A.// AND THE INTERNATIONAL HEALTH RESEARCH ACT
OF 1960, //22 USC 2101 NOTE.// $771,820,000; OF WHICH $680,000,000
SHALL BE FOR ACTIVITIES UNDER SECTION 110 OF THE REHABILITATION ACT OF
1973; //29 USC 730.// AND OF WHICH $23,000,000 SHALL BE FOR ACTIVITIES
UNDER SECTIONS 120 AND 130 OF THE REHABILITATION ACT OF 1973. //29 USC
740, 750.//
SALARIES AND EXPENSES
FOR EXPENSES, NOT OTHERWISE PROVIDED, NECESSARY FOR THE SOCIAL AND
REHABILITATION SERVICE, $63,819,00, TOGETHER WITH NOT TO EXCEED $600,000
TO BE TRANSFERRED FROM THE FEDERAL DISABILITY INSURANCE TRUST FUND, AND
THE FEDERAL OLD-AGE AND SURVIVORS INSURANCE TRUST FUND, AS PROVIDED IN
SECTION 201(G)(1) OF THE SOCIAL SECURITY ACT. //42 USC 401.//
SOCIAL SECURITY ADMINISTRATION
PAYMENTS TO SOCIAL SECURITY TRUST FUNDS
FOR PAYMENT TO THE FEDERAL OLD-AGE AND SURVIVORS INSURANCE, THE
FEDERAL DISABILITY INSURANCE, THE FEDERAL HOSPITAL INSURANCE, AND THE
FEDERAL SUPPLEMENTARY MEDICAL INSURANCE TRUST FUNDS, AS PROVIDED UNDER
SECTIONS 217(G), 228(G), 229(B), AND 1844 OF THE SOCIAL SECURITY ACT,
//42 USC 417, 428, 429, 1395W.// AND SECTIONS 103(C) AND 111(D) OF THE
SOCIAL SECURITY AMENDMENTS OF 1965, //42 USC 426A, 1395I-1.//
$3,345,323,000.
SPECIAL BENEFITS FOR DISABLED COAL MINERS
FOR CARRYING OUT TITLE IV OF THE FEDERAL COAL MINE HEALTH AND SAFETY
ACT OF 1969, //30 USC 901.// INCLUDING THE PAYMENT OF TRAVEL EXPENSES
EITHER ON AN ACTUAL COST OR COMMUTED BASIS, TO AN INDIVIDUAL FOR TRAVEL
INCIDENT TO MEDICAL EXAMINATIONS, AND TO PARTIES, THEIR REPRESENTATIVES
AND ALL REASONABLY NECESSARY WITNESSES FOR TRAVEL WITHIN THE UNITED
STATES, PUERTO RICO, AND THE VIRGIN ISLANDS, TO RECONSIDERATION
INTERVIEWS AND TO PROCEEDINGS BEFORE ADMINISTRATIVE LAW JUDGES,
$876,089,000: PROVIDED, THAT SUCH AMOUNTS AS MAY BE AGREED UPON BY THE
DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE AND THE POSTAL SERVICE
SHALL BE USED FOR PAYMENT, IN SUCH MANNER AS SAID PARTIES MAY JOINTLY
DETERMINE, OF POSTAGE FOR THE TRANSMISSION OF OFFICIAL MAIL MATTER BY
STATES IN CONNECTION WITH THE ADMINISTRATION OF SAID ACT.
BENEFIT PAYMENTS AFTER APRIL 30: FOR MAKING, AFTER APRIL 30 OF THE
CURRENT FISCAL YEAR, PAYMENTS TO ENTITLED BENEFICIARIES UNDER TITLE IV
OF THE FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, FOR THE LAST TWO
MONTHS OF THE CURRENT FISCAL YEAR, SUCH SUMS AS MAY BE NECESSARY, THE
OBLIGATIONS AND EXPENDITURES THEREFOR TO BE CHARGED TO THE APPROPRIATION
FOR THE SUCCEEDING FISCAL YEAR.
WHENEVER THE COMMISSIONER OF SOCIAL SECURITY FINDS IT WILL PROMOTE
THE ACHIEVEMENT OF THE PROVISIONS OF TITLE IV OF THE FEDERAL COAL MINE
HEALTH AND SAFETY ACT OF 1969, QUALIFIED PERSONS MAY BE APPOINTED TO
CONDUCT HEARINGS THEREUNDER WITHOUT MEETING THE REQUIREMENTS FOR
ADMINISTRATIVE LAW JUDGES APPOINTED UNDER 5 U.S.C. 3105, BUT SUCH
APPOINTMENTS SHALL TERMINATE NOT LATER THAN DECEMBER 31, 1975:
PROVIDED, THAT NO PERSON SHALL HOLD A HEARING IN ANY CASE WITH WHICH HE
HAS BEEN CONCERNED PREVIOUSLY IN THE ADMINISTRATION OF SUCH TITLE.
SUPPLEMENTAL SECURITY INCOME PROGRAM
FOR CARRYING OUT THE SUPPLEMENTAL SECURITY INCOME PROGRAM UNDER TITLE
XVI OF THE SOCIAL SECURITY ACT, //42 USC 1381, 1382E NOTES.// SECTION
401 OF PUBLIC LAW 92 - 603, AND SECTION 212 OF PUBLIC LAW 93 - 66, //87
STAT. 155.// INCLUDING PAYMENT TO THE SOCIAL SECURITY TRUST FUNDS FOR
ADMINISTRATIVE EXPENSES INCURRED PURSUANT TO SECTION 201(G)( 1) OF THE
SOCIAL SECURITY ACT, //42 USC 401.// $4,774,000,000: PROVIDED, THAT FOR
CARRYING OUT THESE ACTIVITIES FOR THE LAST TWO MONTHS OF THE CURRENT
FISCAL YEAR, SUCH SUMS AS MAY BE NECESSARY SHALL BE AVAILABLE, THE
OBLIGATIONS AND EXPENDITURES THEREFOR TO BE CHARGED TO THE APPROPRIATION
FOR THE SUCCEEDING FISCAL YEAR.
LIMITATION ON SALARIES AND EXPENSES
FOR NECESSARY EXPENSES, NOT MORE THAN $2,004,729,000 MAY BE EXPENDED
AS AUTHORIZED BY SECTION 201(G)(1) OF THE SOCIAL SECURITY ACT, FROM ANY
ONE OR ALL OF THE TRUST FUNDS REFERRED TO THEREIN: //42 USC 421 NOTE.//
PROVIDED, THAT SUCH AMOUNTS AS ARE REQUIRED SHALL BE AVAILABLE TO PAY
TRAVEL EXPENSES EITHER ON AN ACTUAL COST OR COMMUTED BASIS, TO AN
INDIVIDUAL FOR TRAVEL INCIDENT TO MEDICAL EXAMINATIONS, AND TO PARTIES,
THEIR REPRESENTATIVES AND ALL REASONABLY NECESSARY WITNESSES FOR TRAVEL
WITHIN THE UNITED STATES, PUERTO RICO, AND THE VIRGIN ISLANDS TO
RECONSIDERATION INTERVIEWS AND TO PROCEEDINGS BEFORE ADMINISTRATIVE LAW
JUDGES UNDER TITLES II, XVI, AND XVIII OF THE SOCIAL SECURITY ACT: //42
USC 401, 1381, 1395.// PROVIDED FURTHER, THAT $25,000,000 OF THE
FOREGOING AMOUNT SHALL BE APPORTIONED FOR USE PURSUANT TO SECTION 3679
OF THE REVISED STATUTES (31 U.S.C. 665), ONLY TO THE EXTENT NECESSARY TO
PROCESS WORKLOADS NOT ANTICIPATED IN THE BUDGET ESTIMATES AND TO MEET
MANDATORY INCREASES IN COSTS OF AGENCIES OR ORGANIZATIONS WITH WHICH
AGREEMENTS HAVE BEEN MADE TO PARTICIPATE IN THE ADMINISTRATION OF TITLES
XVI AND XVIII AND SECTION 221 OF TITLE II OF THE SOCIAL SECURITY ACT,
//42 USC 421.// AND AFTER MAXIMUM ABSORPTION OF SUCH COSTS WITHIN THE
REMAINDER OF THE EXISTING LIMITATION HAS BEEN ACHIEVED: PROVIDED
FURTHER, THAT SUCH AMOUNTS AS MAY BE AGREED UPON BY THE DEPARTMENT OF
HEALTH, EDUCATION, AND WELFARE AND THE UNITED STATES POSTAL SERVICE
SHALL BE USED FOR PAYMENT, IN SUCH MANNER AS SAID ORGANIZATIONS MAY
JOINTLY DETERMINE, OF POSTAGE FOR THE TRANSMISSION OF OFFICIAL MAIL
MATTER IN CONNECTION WITH THE ADMINISTRATION OF THE SOCIAL SECURITY
PROGRAM BY STATES PARTICIPATING IN THE PROGRAM: PROVIDED FURTHER, THAT
SUCH AMOUNTS AS MAY BE REQUIRED MAY BE EXPENDED FOR ADMINISTRATION
WITHIN THE UNITED STATES OF THE SOCIAL INSURANCE PROGRAM OF THE UNITED
KINGDOM, UNDER TERMS OF AN AGREEMENT WHEREIN SIMILAR SERVICES WILL BE
PROVIDED BY THE UNITED KINGDOM IN THAT COUNTRY FOR ADMINISTRATION OF THE
SOCIAL INSURANCE PROGRAM OF THE UNITED STATES.
LIMITATION OF CONSTRUCTION
FOR ACQUISITION OF SITES, CONSTRUCTION AND EQUIPMENT OF FACILITIES
AND FOR PAYMENTS OF PRINCIPAL, INTEREST, TAXES, AND ANY OTHER
OBLIGATIONS UNDER CONTRACTS ENTERED INTO PURSUANT TO THE PUBLIC
BUILDINGS PURCHASE CONTRACT ACT OF 1954 //40 USC 356 NOTE.// AND THE
PUBLIC BUILDINGS AMENDMENTS OF 1972, //40 USC 603 NOTE.// $8,232,000, TO
BE EXPENDED AS AUTHORIZED BY SECTION 201(G)(1) OF THE SOCIAL SECURITY
ACT, //42 USC 401.// FROM ANY ONE OR ALL OF THE TRUST FUNDS REFERRED TO
THEREIN, AND TO REMAIN AVAILABLE UNTIL EXPENDED.
SPECIAL INSTITUTIONS
AMERICAN PRINTING HOUSE FOR THE BLIND
FOR CARRYING OUT THE ACT OF MARCH 3, 1879, AS AMENDED (20 U.S.C. 101
- 105), $1,967,000.
NATIONAL TECHNICAL INSTITUTE FOR THE DEAF
FOR CARRYING OUT THE NATIONAL TECHNICAL INSTITUTE FOR THE DEAF ACT
(20 U.S.C. 681, ET SEQ.), $9,819,000, OF WHICH $1,981,000 SHALL BE FOR
CONSTRUCTION AND SHALL REMAIN AVAILABLE UNTIL EXPENDED.
GALLAUDET COLLEGE
FOR CARRYING OUT THE MODEL SECONDARY SCHOOL FOR THE DEAF ACT (80
STAT. 1027) //D.C. CODE 31 - 1051 NOTE.// AND FOR THE PARTIAL SUPPORT OF
GALLAUDET COLLEGE AUTHORIZED BY THE ACT OF JUNE 18, 1954, //D.C. CODE
31 - 1025.// $27,543,000 OF WHICH $10,465,000 SHALL BE FOR CONTRUCTION
AND SHALL REMAIN AVAILABLE UNTIL EXPENDED: PROVIDED, THAT IF REQUESTED
BY THE COLLEGE, SUCH CONSTRUCTION SHALL BE SUPERVISED BY THE GENERAL
SERVICES ADMINISTRATION.
HOWARD UNIVERSITY
FOR THE PARTIAL SUPPORT OF HOWARD UNIVERSITY, $79,650,000, OF WHICH
$12,500,000 SHALL BE FOR CONSTRUCTION AND SHALL REMAIN AVAILABLE UNTIL
EXPENDED: PROVIDED, THAT IF REQUESTED BY THE UNIVERSITY, SUCH
CONSTRUCTION SHALL BE SUPERVISED BY THE GENERAL SERVICES ADMINISTRATION.
ASSISTANT SECRETARY FOR HUMAN DEVELOPMENT
HUMAN DEVELOPMENT
FOR CARRYING OUT, EXCEPT AS OTHERWISE PROVIDED, SECTION 426 OF THE
SOCIAL SECURITY ACT, //42 USC 626.// THE ACT OF APRIL 9, 1912 (41 U.S.
C. 191), THE OLDER AMERICANS ACT OF 1965, //42 USC 3001 NOTE.// AND THE
CHILD ABUSE PREVENTION AND TREATMENT ACT, //ANTE, P. 4.// $177,950,000.
OFFICE OF THE SECRETARY
OFFICE FOR CIVIL RIGHTS
FOR EXPENSES NECESSARY FOR THE OFFICE FOR CIVIL RIGHTS $22,207,000,
TOGETHER WITH NOT TO EXCEED $1,466,000, TO BE TRANSFERRED AND EXPENDED
AS AUTHORIZED BY SECTION 201(G)(1) OF THE SOCIAL SECURITY ACT //42 USC
401.// FROM ANY ONE OR ALL OF THE TRUST FUNDS REFERRED TO THEREIN, WHICH
SUM SHALL BE AVAILABLE FOR EXPENDITURE TO ENFORCE ANY ORDER, WITH
RESPECT TO THE DESEGREGATION OF SCHOOLS OF A LOCAL EDUCATIONAL AGENCY,
REQUIRING THE TRANSPORTATION OF STUDENTS FROM ONE SCHOOL TO ANOTHER
SCHOOL ONLY UNDER THE SAME CIRCUMSTANCES AND IN THE SAME MANNER WHETHER
THE RESIDENCE OF THE STUDENTS OF SUCH SCHOOL OR THE PRINCIPAL OFFICE OF
SUCH LOCAL EDUCATIONAL AGENCY IS SITUATED IN THE NORTHERN, EASTERN,
WESTERN, OR SOUTHERN PART OF THE UNITED STATES.
DEPARTMENT MANAGEMENT
FOR EXPENSES, NOT OTHERWISE PROVIDED, NECESSARY FOR DEPARTMENTAL
MANAGEMENT, INCLUDING HIRE OF SIX MEDIUM SEDANS, AND FOR CARRYING OUT,
TO THE EXTENT NOT OTHERWISE PROVIDED, SECTION 1110 OF THE SOCIAL
SECURITY ACT, //42 USC 1310.// $82,722,000 TOGETHER WITH NOT TO EXCEED
$8,226,000 TO BE TRANSFERRED AND EXPENDED AS AUTHORIZED BY SECTION 201(
G)(1) OF THE SOCIAL SECURITY ACT FROM ANY ONE OR ALL OF THE TRUST FUNDS
REFERRED TO THEREIN; AND NOT TO EXCEED $29,000 TO BE TRANSFERRED FROM
"REVOLVING FUND FOR CERTIFICATION AND OTHER SERVICES," FOOD AND DRUG
ADMINISTRATION.
GENERAL PROVISIONS
SEC. 201. NONE OF THE FUNDS APPROPRIATED BY THIS TITLE TO THE SOCIAL
AND REHABILITATION SERVICE FOR GRANTS-IN-AID OF STATE AGENCIES TO COVER,
IN WHOLE OR IN PART, THE COST OF OPERATION OF SAID AGENCIES, INCLUDING
THE SALARIES AND EXPENSES OF OFFICERS AND EMPLOYEES OF SAID AGENCIES,
SHALL BE WITHHELD FROM THE SAID AGENCIES OF ANY STATES WHICH HAVE
ESTABLISHED BY LEGISLATIVE ENACTMENT AND HAVE IN OPERATION A MERIT
SYSTEM AND CLASSIFICATION AND COMPENSATION PLAN COVERING THE SELECTION,
TENURE IN OFFICE, AND COMPENSATION OF THEIR EMPLOYEES, BECAUSE OF ANY
DISAPPROVAL OF THEIR PERSONNEL OR THE MANNER OF THEIR SELECTION BY THE
AGENCIES OF THE SAID STATES, OR THE RATES OF PAY OF SAID OFFICERS OR
EMPLOYEES.
SEC. 202. THE SECRETARY IS AUTHORIZED TO MAKE SUCH TRANSFERS OF
MOTOR VEHICLES, BETWEEN BUREAUS AND OFFICERS, WITHOUT TRANSFER OF FUNDS,
AS MAY BE REQUIRED IN CARRYING OUT THE OPERATIONS OF THE DEPARTMENT.
//42 USC 3508.//
SEC. 203. NONE OF THE FUNDS PROVIDED HEREIN SHALL BE USED TO PAY ANY
RECIPIENT OF A GRANT FOR THE CONDUCT OF A RESEARCH PROJECT AN AMOUNT
EQUAL TO AS MUCH AS THE ENTIRE COST OF SUCH PROJECT.
SEC. 204. NONE OF THE FUNDS CONTAINED IN THIS ACT SHALL BE USED FOR
ANY ACTIVITY THE PURPOSE OF WHICH IS TO REQUIRE ANY RECIPIENT OF ANY
PROJECT GRANT FOR RESEARCH, TRAINING, OR DEMONSTRATION MADE BY ANY
OFFICER OR EMPLOYEE OF THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE
TO PAY TO THE UNITED STATES ANY PORTION OF ANY INTEREST OR OTHER INCOME
EARNED ON PAYMENTS OF SUCH GRANT MADE BEFORE JULY 1, 1964; NOR SHALL
ANY OF THE FUNDS CONTAINED IN THIS ACT BE USED FOR ANY ACTIVITY THE
PURPOSE OF WHICH IS TO REQUIRE PAYMENT TO THE UNITED STATES OF ANY
PURPOSE OF WHICH IS TO REQUIRE PAYMENT TO THE UNITED STATES OF ANY
PORTION OF ANY INTEREST OR OTHER INCOME EARNED ON PAYMENTS MADE BEFORE
JULY 1, 1964, TO THE AMERICAN PRINTING HOUSE FOR THE BLIND.
SEC. 205. FUNDS APPROPRIATED UNDER THIS TITLE TO THE AMERICAN
PRINTING HOUSE FOR THE BLIND, HOWARD UNIVERSITY, THE NATIONAL TECHNICAL
INSTITUTE FOR THE DEAF, THE MODEL SECONDARY SCHOOL FOR THE DEAF, AND
GALLAUDET COLLEGE SHALL BE AWARDED TO THESE INSTITUTIONS IN THE FORM OF
LUMP-SUM GRANTS AND EXPENDITURES MADE THEREFROM SHALL BE SUBJECT TO
AUDIT BY THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE.
SEC. 206. NONE OF THE FUNDS CONTAINED IN THIS TITLE SHALL BE
AVAILABLE FOR ADDITIONAL PERMANENT FEDERAL POSITIONS IN THE WASHINGTON
AREA IF THE PROPORTION OF ADDITIONAL POSITIONS IN THE WASHINGTON AREA IN
RELATION TO THE TOTAL NEW POSITIONS IS ALLOWED TO EXCEED THE PROPORTION
EXISTING AT THE CLOSE OF FISCAL YEAR 1966.
SEC. 207. APPROPRIATIONS IN THIS ACT FOR THE HEALTH SERVICES
ADMINISTRATION, THE NATIONAL INSTITUTES OF HEALTH, THE CENTER FOR
DISEASE CONTROL, THE ALCOHOL, DRUG ABUSE, AND MENTAL HEALTH
ADMINISTRATION, THE HEALTH RESOURCES ADMINISTRATION AND THE OFFICE OF
THE SECRETARY SHALL BE AVAILABLE FOR EXPENSES FOR ACTIVE COMMISSIONED
OFFICERS IN THE PUBLIC HEALTH SERVICE RESERVE CORPS AND FOR NOT TO
EXCEED TWO THOUSAND EIGHT HUNDRED COMMISSIONED OFFICERS IN THE REGULAR
CORPS; EXPENSES INCIDENT TO THE DISSEMINATION OF HEALTH INFORMATION IN
FOREIGN COUNTRIES THROUGH EXHIBITS AND OTHER APPROPRIATE MEANS;
ADVANCES OF FUNDS FOR COMPENSATION, TRAVEL, AND SUBSISTENCE EXPENSES (OR
PER DIEM IN LIEU THEREOF) FOR PERSONS COMING FROM ABROAD TO PARTICIPATE
IN HEALTH OR SCIENTIFIC ACTIVITIES OF THE DEPARTMENT PURSUANT TO LAW;
EXPENSES OF PRIMARY AND SECONDARY SCHOOLING OF DEPENDENTS IN FOREIGN
COUNTRIES, OF PUBLIC HEALTH SERVICE COMMISSIONED OFFICERS STATIONED IN
FOREIGN COUNTRIES, AT COSTS FOR ANY GIVEN AREA NOT IN EXCESS OF THOSE OF
THE DEPARTMENT OF DEFENSE FOR THE SAME AREA, WHEN IT IS DETERMINED BY
THE SECRETARY THAT THE SCHOOLS AVAILABLE IN THE LOCALITY ARE UNABLE TO
PROVIDE ADEQUATELY FOR THE EDUCATION OF SUCH DEPENDENTS, AND FOR THE
TRANSPORTATION OF SUCH DEPENDENTS BETWEEN SUCH SCHOOLS AND THEIR PLACES
OF RESIDENCE WHEN THE SCHOOLS ARE NOT ACCESSIBLE TO SUCH DEPENDENTS BY
REGULAR MEANS OF TRANSPORTATION; RENTAL OR LEASE OF LIVING QUARTERS
(FOR PERIODS NOT EXCEEDING 5 YEARS), AND PROVISION OF HEAT, FUEL, AND
LIGHT, AND MAINTENANCE, IMPROVEMENT, AND REPAIR OF SUCH QUARTERS, AND
ADVANCE PAYMENTS THEREFOR, FOR CIVILIAN OFFICERS AND EMPLOYEES OF THE
PUBLIC HEALTH SERVICE WHO ARE UNITED STATES CITIZENS AND WHO HAVE A
PERMANENT STATION IN A FOREIGN COUNTRY; PURCHASE, ERECTION, AND
MAINTENANCE OF TEMPORARY OR PORTABLE STRUCTURES; AND FOR THE PAYMENT OF
COMPENSATION TO CONSULTANTS OR INDIVIDUAL SCIENTISTS APPOINTED FOR
LIMITED PERIODS OF TIME PURSUANT TO SECTION 207(F) OR SECTION 207(G) OF
THE PUBLIC HEALTH SERVICE ACT, //42 USC 209.// AT RATES ESTABLISHED BY
THE ASSISTANT SECRETARY FOR HEALTH, OR THE SECRETARY WHERE SUCH ACTION
IS REQUIRED BY STATUTE, NOT TO EXCEED THE PER DIEM RATE EQUIVALENT TO
THE RATE FOR GS-18. //5 USC 5332 NOTE.//
SEC. 208. NO PART OF THE FUNDS CONTAINED IN THIS TITLE MAY BE USED
TO FORCE ANY SCHOOL OR SCHOOL DISTRICT WHICH IS DESEGREGATED AS THAT
TERM IS DEFINED IN TITLE IV OF THE CIVIL RIGHTS ACT OF 1964, PUBLIC LAW
88 - 352, //42 USC 2000C.// TO TAKE ANY ACTION TO FORCE THE BUSING OF
STUDENTS; TO FORCE ON ACCOUNT OF RACE, CREED, OR COLOR THE ABOLISHMENT
OF ANY SCHOOL SO DESEGREGATED; OR TO FORCE THE TRANSFER OR ASSIGNMENT
OF ANY STUDENT ATTENDING ANY ELEMENTARY OR SECONDARY SCHOOL SO
DESEGREGATED TO OR FROM A PARTICUALR SCHOOL OVER THE PROTEST OF HIS OR
HER PARENTS OR PARENT.
SEC. 209. (A) NO PART OF THE FUNDS CONTAINED IN THIS TITLE SHALL BE
USED TO FORCE ANY SCHOOL OR SCHOOL DISTRICT WHICH IS DESEGREGATED AS
THAT TERM IS DEFINED IN TITLE IV OF THE CIVIL RIGHTS ACT OF 1964, PUBLIC
LAW 88 - 352, TO TAKE ANY ACTION TO FORCE THE BUSING OF STUDENTS; TO
REQUIRE THE ABOLISHMENT OF ANY SCHOOL SO DESEGREGATED; OR TO FORCE ON
ACCOUNT OF RACE, CREED, OR COLOR THE TRANSFER OF STUDENTS TO OR FROM A
PARTICULAR SCHOOL SO DESEGREGATED AS A CONDITION PRECEDENT TO OBTAINING
FEDERAL FUNDS OTHERWISE AVAILABLE TO ANY STATE, SCHOOL DISTRICT, OR
SCHOOL.
(B) NO FUNDS APPROPRIATED IN THIS ACT MAY BE USED FOR THE
TRANSPORTATION OF STUDENTS OR TEACHERS (OR FOR THE PURCHASE OF EQUIPMENT
FOR SUCH TRANSPORTATION) IN ORDER TO OVERCOME RACIAL IMBALANCE IN ANY
SCHOOL OR SCHOOL SYSTEM, OR FOR THE TRANSPORTATION OF STUDENTS OR
TEACHERS (OR FOR THE PURCHASE OF EQUIPMENT FOR SUCH TRANSPORTATION) IN
ORDER TO CARRY OUT A PLAN OF RACIAL DESEGREGATION OF ANY SCHOOL OR
SCHOOL SYSTEM.
THIS TITLE MAY BE CITED AS THE "DEPARTMENT OF HEALTH, EDUCATION, AND
WELFARE APPROPRIATION ACT, 1975."
ACTION
OPERATING EXPENSES, DOMESTIC PROGRAMS
FOR EXPENSES NECESSARY FOR ACTION TO CARRY OUT THE PROVISIONS OF THE
DOMESTIC VOLUNTEER SERVICE ACT OF 1973 (PUBLIC LAW 93 - 113), //42 USC
4951 NOTE.// $100,000,000.
CORPORATION FOR PUBLIC BROADCASTING
PAYMENT TO THE CORPORATION FOR PUBLIC BROADCASTING
TO ENABLE THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE TO MAKE
PAYMENT TO THE CORPORATION FOR PUBLIC BROADCASTING, AS AUTHORIZED BY
SECTION 396(K)(1) OF THE COMMUNICATIONS ACT OF 1934, //47 USC 396.// AS
AMENDED, FOR EXPENSES OF THE CORPORATION, $57,000,000, TO REMAIN
AVAILABLE UNTIL EXPENDED: PROVIDED, THAT IN ADDTION, THERE IS
APPROPRIATED IN ACCORDANCE WITH THE AUTHORIZATION CONTAINED IN SECTION
396(K)(2) OF SUCH ACT, TO REMAIN AVAILABLE UNTIL EXPENDED, AMOUNTS EQUAL
TO THE AMOUNT OF TOTAL GRANTS, DONATIONS, BEQUESTS OR OTHER
CONTRIBUTIONS (INCLUDING MONEY AND THE FAIR MARKET VALUE OF NAY
PROPERTY) FROM NON-FEDERAL SOURCES RECEIVED BY THE CORPORATION DURING
THE CURRENT FISCAL YEAR, BUT NOT TO EXCEED A TOTAL OF $5,000,000.
FEDERAL MEDIATION AND CONCILIATION SERVICE
SALARIES AND EXPENSES
FOR EXPENSES NECESSARY FOR THE FEDERAL MEDIATION AND CONCILIATION
SERVICE TO CARRY OUT THE FUNCTIONS VESTED IN IT BY THE LABOR-MANAGEMENT
RELATIONS ACT, 1947 (29 U.S.C. 171 - 180, 182), INCLUDING EXPENSES OF
THE LABOR-MANAGEMENT PANEL AND BOARDS OF INQUIRY APPOINTED BY THE
PRESIDENT; HIRE OF PASSENGER MOTOR VECHICLES; AND RENTAL OF CONFERENCE
ROOMS IN THE DISTRICT OF COLUMBIA; $15,521,000.
NATIONAL COMMISSION OF LIBRARIES AND INFORMATION SCIENCE
SALARIES AND EXPENSES
FOR NECESSARY EXPENSES OF THE NATIONAL COMMISSION OF LIBRARIES AND
INFORMATION SCIENCE, ESTABLISHED BY THE ACT OF JULY 20, 1970 (PUBLIC LAW
91 - 345), //20 USC 1501 NOTE// $409,000.
NATIONAL LABOR RELATIONS BOARD
SALARIES AND EXPENSES
FOR EXPENSES NECESSARY FOR THE NATIONAL LABOR RELATIONS BOARD TO
CARRY OUT THE FUNCTIONS VESTED IN IT BY THE LABOR-MANAGEMENT RELATIONS
ACT, 1947, AS AMENDED (29 U.S.C. 141 - 167), AND OTHER LAWS $60,980,000:
PROVIDED, THAT NO PART OF THIS APPROPRIATION SHALL BE AVAILABLE TO
ORGANIZE OR ASSIST IN ORGANIZING AGRICULTURAL LABORERS OR USED IN
CONNECTION WITH INVESTIGATIONS, HEARINGS, DIRECTIVES, OR ORDERS
CONCERNING BARGAINING UNITS COMPOSED OF AGRICULTURAL LABORERS AS
REFERRED TO IN SECTION 2(3) OF THE ACT OF JULY 5, 1935 (29 U.S.C. 152),
AND AS AMENDED BY THE LABOR-MANAGEMENT RELATIONS ACT, 1947, AS AMENDED,
AND AS DEFINED IN SECTION 3(F) OF THE ACT OF JUNE 25, 1938 (29 U.S.C.
203), AND INCLUDING IN SAID DEFINITION EMPLOYEES ENGAGED IN THE
MAINTENANCE AND OPERATION OF DITCHES, CANALS, RESERVOIRS, AND WATERWAYS
WHEN MAINTAINED OR OPERATED ON A MUTUAL, NONPROFIT BASIS AND AT LEAST 95
PER CENTUM OF THE WATER STORED OR SUPPLIED THEREBY IS USED FOR FARMING
PURPOSES.
NATIONAL MEDIATION BOARD
SALARIES AND EXPENSES
FOR EXPENSES NECESSARY FOR CARRYING OUT THE PROVISIONS OF THE RAILWAY
LABOR ACT, AS AMENDED (45 U.S.C. 151 - 188), INCLUDING EMERGENCY BOARDS
APPOINTED BY THE PRESIDENT, $3,186,000.
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
SALARIES AND EXPENSES
FOR EXPENSES NECESSARY FOR THE OCCUPATIONAL SAFETY AND HEALTH REVIEW
COMMISSION, $5,512,000.
RAILROAD RETIREMENT BOARD
PAYMENTS FOR MILITARY SERVICE CREDITS
FOR PAYMENTS TO THE RAILROAD RETIREMENT ACCOUNT FOR MILITARY SERVICE
CREDITS UNDER THE RAILROAD RETIREMENT ACT, AS AMENDED (45 U.S.C.
228C-1), $3,516,000.
LIMITATION ON SALARIES AND EXPENSES
FOR EXPENSES NECESSARY FOR THE RAILROAD RETIREMENT BOARD,
$24,336,000, TO BE DERIVED FROM THE RAILROAD RETIREMENT ACCOUNTS:
PROVIDED, THAT $500,000 OF THE FOREGOING AMOUNT SHALL BE APPORTIONED FOR
USE PURSUANT TO SECTION 3679 OF THE REVISED STATUTES, AS AMENDED (31
U.S.C. 665), ONLY TO THE EXTENT NECESSARY TO PROCESS WORKLOADS NOT
ANTICIPATED IN THE BUDGET ESTIMATES AND AFTER MAXIMUM ABSORPTION OF THE
COSTS OF SUCH WORKLOADS WITHIN THE REMAINDER OF THE FOREGOING LIMITATION
HAS BEEN ACHIEVED: PROVIDED FURTHER, THAT NOTWITHSTANDING ANY OTHER
PROVISION IN LAW, NO PORTION OF THIS LIMITATION SHALL BE AVAILABLE FOR
PAYMENTS OF STANDARD LEVEL USER CHARGES PURSUANT TO SECTION 210(J) OF
THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949, AS AMENDED
(40 U.S.C. 490(J)).
SOLDIERS' AND AIRMEN'S HOME
OPERATION AND MAINTENANCE
FOR MAINTENANCE AND OPERATION OF THE UNITED STATES SOLDIERS' AND
AIRMEN'S HOME, TO BE PAID FROM THE SOLDIERS' AND AIRMEN'S HOME PERMANENT
FUND, $14,505,000: PROVIDED, THAT THIS APPROPRIATION SHALL NOT BE
AVAILABLE FOR THE PAYMENT OF HOSPITALIZATION OF MEMBERS OF THE HOME IN
UNITED STATES ARMY HOSPITALS AT RATES IN EXCESS OF THOSE PRESCRIBED BY
THE SECRETARY OF THE ARMY UPON RECOMMENDATION OF THE BOARD OF
COMMISSIONERS OF THE HOME AND THE SURGEON GENERAL OF THE ARMY.
SEC. 401. APPROPRIATIONS CONTAINED IN THIS ACT, AVAILABLE FOR
SALARIES AND EXPENSES, SHALL BE AVAILABLE FOR SERVICES AS AUTHORIZED BY
5 U.S.C. 3109 BUT AT RATES FOR INDIVIDUALS NOT TO EXCEED THE PER DIEM
RATE EQUIVALENT TO THE RATE FOR GS-18. //5 USC 5332 NOTE.//
SEC. 402. APPROPRIATIONS CONTAINED IN THIS ACT AVAILABLE FOR
SALARIES AND EXPENSES SHALL BE AVAILABLE FOR UNIFORMS OR ALLOWANCES
THEREFOR AS AUTHORIZED BY LAW (5 U.S.C. 5901 - 5902).
SEC. 403. APPROPRIATIONS CONTAINED IN THIS ACT AVAILABLE FOR
SALARIES AND EXPENSES SHALL BE AVAILABLE FOR EXPENSES OF ATTENDANCE AT
MEETINGS WHICH ARE CONCERNED WITH THE FUNCTIONS OR ACTIVITIES FOR WHICH
THE APPROPRIATION IS MADE OR WHICH WILL CONTRIBUTE TO IMPROVED CONDUCT,
SUPERVISION, OR MANAGEMENT OF THOSE FUNCTIONS OR ACTIVITIES.
SEC. 404. NO PART OF ANY APPROPRIATION CONTAINED IN THIS ACT SHALL
REMAIN AVAILABLE FOR OBLIGATION BEYOND THE CURRENT FISCAL YEAR UNLESS
EXPRESSLY SO PROVIDED HEREIN.
SEC. 405. NO PART OF ANY APPROPRIATION CONTAINED IN THIS ACT SHALL
BE USED TO FINANCE ANY CIVIL SERVICE INTERAGENCY BOARD OF EXAMINERS.
SEC. 406. NO PART OF THE FUNDS APPROPRIATED UNDER THIS ACT SHALL BE
USED TO PROVIDE A LOAN, GUARANTEE OF A LOAN, A GRANT, THE SALARY OF OR
ANY REMUNERATION WHATEVER TO ANY INDIVIDUAL APPLYING FOR ADMISSION,
ATTENDING, EMPLOYED BY, TEACHING AT, OR DOING RESEARCH AT AN INSTITUTION
OF HIGHER EDUCATION WHO HAS ENGAGED IN CONDUCT ON OR AFTER AUGUST 1,
1969, WHICH INVOLVES THE USE OF (OR THE ASSISTANCE TO OTHERS IN THE USE
OF) FORCE OR THE THREAT OF FORCE OR THE SEIZURE OF PROPERTY UNDER THE
CONTROL OF AN INSTITUTION OF HIGHER EDUCATION, TO REQUIRE OR PREVENT THE
AVAILABILITY OF CERTAIN CURRICULUM, OR TO PREVENT THE FACULTY,
ADMINISTRATIVE OFFICIALS, OR STUDENTS IN SUCH INSTITUTION FROM ENGAGING
IN THEIR DUTIES OR PURSUING THEIR STUDIES AT SUCH INSTITUTION.
SEC. 407. THE SECRETARY OF LABOR AND THE SECRETARY OF HEALTH,
EDUCATION, AND WELFARE ARE AUTHORIZED TO TRANSFER UNEXPENDED BALANCES OF
PRIOR APPROPRIATIONS TO ACCOUNTS CORRESPONDING TO CURRENT APPROPRIATIONS
PROVIDED IN THIS ACT: PROVIDED, THAT SUCH TRANSFERRED BALANCES ARE USED
FOR THE SAME PURPOSE, AND FOR THE SAME PERIODS OF TIME, FOR WHICH THEY
WERE ORIGINALLY APPROPRIATED.
SEC. 408. FUNDS CONTAINED IN THIS ACT USED TO PAY FOR CONTRACT
SERVICES BY PROFITMAKING CONSULTANT FIRMS OR TO SUPPORT CONSULTANT
APPOINTMENTS SHALL NOT EXCEED THE FISCAL YEAR 1973 LEVEL: PROVIDED,
THAT OBLIGATIONS MADE FROM FUNDS CONTAINED IN THIS ACT FOR CONSULTANT
FEES AND SERVICES TO ANY INDIVIDUAL OR GROUP OF CONSULTING FIRMS ON ANY
ONE PROJECT IN EXCESS OF $25,000 SHALL BE REPORTED TO THE SENATE AND
HOUSE OF REPRESENTATIVES AT LEAST TWICE ANNUALLY.
SEC. 409. NO PART OF ANY APPROPRIATION CONTAINED IN THIS ACT SHALL
BE USED, OTHER THAN FOR NORMAL AND RECOGNIZED EXECUTIVE-LEGISLATIVE
RELATIONSHIPS, FOR PUBLICITY OR PROPAGANDA PURPOSES, FOR THE
PREPARATION, DISTRIBUTION, OR USE OF ANY KIT, PAMPHLET, BOOKLET,
PUBLICATION, RADIO, TELEVISION OR FILM PRESENTATION DESIGNED TO SUPPORT
OR DEFEAT LEGISLATION PENDING BEFORE THE CONGRESS, EXCEPT IN
PRESENTATION TO THE CONGRESS ITSELF.
SEC. 410. NO PART OF ANY APPROPRIATION CONTAINED IN THIS ACT SHALL
BE AVAILABLE FOR PAYING TO THE ADMINISTRATOR OF THE GENERAL SERVICES
ADMINISTRATION IN EXCESS OF 90 PERCENT OF THE STANDARD LEVEL USER CHARGE
ESTABLISHED PURSUANT TO SECTION 210(J) OF THE FEDERAL PROPERTY AND
ADMINISTRATIVE SERVICES ACT OF 1949, AS AMENDED, //40 USC 490.// FOR
SPACE AND SERVICES.
SEC. 411. THE SECRETARY OF LABOR AND THE SECRETARY OF HEALTH,
EDUCATION, AND WELFARE ARE EACH AUTHORIZED TO MAKE AVAILABLE NOT TO
EXCEED $7,500 FROM FUNDS AVAILABLE FOR SALARIES AND EXPENSES UNDER
TITLES I AND II, //ANTE, PP. 1634, 1637.// RESPECTIVELY, FOR OFFICIAL
RECEPTION AND REPRESENTATION EXPENSES.
SEC. 412. NONE OF THE FUNDS APPROPRIATED BY THIS ACT SHALL BE USED
TO PAY FOR ANY RESEARCH PROGRAM OR PROJECT OR ANY PROGRAM, PROJECT, OR
COURSE WHICH IS OF AN EXPERIMENTAL NATURE, OR ANY OTHER ACTIVITY
INVOLVING HUMAN PARTICIPANTS, WHICH IS DETERMINED BY THE SECRETARY OR A
COURT OF COMPETENT JURISDICTION TO PRESENT A DANGER TO THE PHYSICAL,
MENTAL, OR EMOTIONAL WELL-BEING OF A PARTICIPANT OR SUBJECT OF SUCH
PROGRAM, PROJECT, OR COURSE, WITHOUT THE WRITTEN, INFORMED CONSENT OF
EACH PARTICIPANT OR SUBJECT, OR HIS PARENTS OR LEGAL GUARDIAN, IF SUCH
PARTICIPANT OR SUBJECT IS UNDER EIGHTEEN YEARS OF AGE. THE SECRETARY
SHALL ADOPT APPROPRIATE REGULATIONS RESPECTING THIS SECTION.
THIS ACT MAY BE CITED AS THE "DEPARTMENTS OF LABOR, AND HEALTH,
EDUCATION, AND WELFARE APPROPRIATION ACT, 1975".
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 1140 (COMM. ON APPROPRIATIONS) AND NO. 93 -
1489 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 1146 (COMM. ON APPROPRIATIONS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
JUNE 27, CONSIDERED AND PASSED HOUSE.
SEPT. 16 - 18, CONSIDERED AND PASSED SENATE, AMENDED.
NOV. 26, HOUSE AND SENATE AGREED TO CONFERENCE REPORT.
WEEKLY COMPLIATION OF PRESIDENTIAL DOCUMENTS, VOL. 10, NO. 50:
DEC. 9, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-516, 88 STAT 1617, VOCATIONAL REHABILITATION SERVICES,
REHABILITATION ACT AMENDMENTS OF 1974
THE RANDOLPH-SHEPPARD ACT FOR THE BLIND; TO STRENGTHEN
THE PROGRAM
AUTHORIZED THEREUNDER; AND TO PROVIDE FOR THE
CONVENING
OF A WHITE HOUSE
CONFERENCE ON HANDICAPPED INDIVIDUALS.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED,
SEC. 100. THIS TITLE SHALL BE KNOWN AS THE "REHABILITATION ACT
AMENDMENTS OF 1974".
SEC. 101. (A) SECTION 3(A) OF THE REHABILITATION ACT OF 1973 //29
USC 702.// IS AMENDED TO READ AS FOLLOWS:
"(A) THERE IS ESTABLISHED IN THE OFFICE OF THE SECRETARY A
REHABILITATION SERVICES ADMINISTRATION WHICH SHALL BE HEADED BY A
COMMISSIONER (HEREINAFTER IN THIS ACT REFERRED TO AS THE 'COMMISSIONER')
APPOINTED BY THE PRESIDENT BY AND WITH THE ADVICE AND CONSENT OF THE
SENATE. EXCEPT FOR TITLES IV AND V //29 USC 780, 790.// AND AS
OTHERWISE SPECIFICALLY PROVIDED IN THIS ACT, SUCH ADMINISTRATION SHALL
BE THE PRINCIPAL AGENCY, AND THE COMMISSIONER SHALL BE THE PRINCIPAL
OFFICER, OF SUCH DEPARTMENT FOR CARRYING OUT THIS ACT. IN THE
PERFORMANCE OF HIS FUNCTIONS, THE COMMISSIONER SHALL BE DIRECTLY
RESPONSIBLE TO THE SECRETARY OR TO THE UNDER SECRETARY OR AN APPROPRIATE
ASSISTANT SECRETARY OF SUCH DEPARTMENT, AS DESIGNATED BY THE SECRETARY.
THE FUNCTIONS OF THE COMMISSIONER SHALL NOT BE DELEGATED TO ANY OFFICER
NOT DIRECTLY RESPONSIBLE, BOTH WITH RESPECT TO PROGRAM OPERATION AND
ADMINISTRATION, TO THE COMMISSIONER.".
(B) THE AMENDMENT MADE BY SUBSECTION (A) OF THIS SECTION SHALL BE
EFFECTIVE SIXTY DAYS AFTER THE DATE OF ENACTMENT OF THIS ACT. //29 USC
702 NOTE.//
SEC. 102. (A) SECTION 100(B) OF SUCH ACT //29 USC 720.// IS AMENDED
BY--,
(1) STRIKING OUT "AND" AFTER "1974," IN PARAGRAPH (1) AND
INSERTING BEFORE THE PERIOD AT THE END OF SUCH PARAGRAPH A COMMA
AND "AND $720,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1976";
AND
(2) STRIKING OUT "AND" AFTER "1974," IN THE FIRST SENTENCE OF
PARAGRAPH (2) AND INSERTING AFTER "1974," IN THE FIRST SENTENCE OF
PARAGRAPH (2) AND INSERTING AFTER "1975," IN SUCH SENTENCE "AND
$42,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1976;".
(B) SECTION 112(A) OF SUCH ACT //29 USC 732.// IS AMENDED BY STRIKING
OUT "AND" AFTER "1974," AND BY INSERTING "AND UP TO $2,500,000 BUT NO
LESS THAN $1,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1976," AFTER
"1975,".
(C) SECTION 121(B) OF SUCH ACT //29 USC 741.// IS AMENDED BY STRIKING
OUT "1976" AND INSERTING IN LIEU THEREOF "1977".
SEC. 103. SECTION 201(A) OF SUCH ACT //29 USC 761.// IS AMENDED
BY--,
(1) STRIKING OUT "AND" AFTER "1974," IN THE FIRST SENTENCE OF
PARAGRAPH (1) AND INSERTING AFTER "1975" IN SUCH SENTENCE A COMMA
AND "AND $32,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1976";
(2) STRIKING OUT THE COMMA AFTER "20 PER CENTUM" IN THE SECOND
SENTENCE OF PARAGRAPH (1) AND INSERTING AFTER "RESPECTIVELY," IN
SUCH SENTENCE "AND 25 PER CENTUM OF THE AMOUNTS APPROPRIATED IN
EACH SUCCEEDING FISCAL YEAR"; AND
(3) STRIKING OUT "THERE IS AUTHORIZED TO BE APPROPRIATED" IN
PARAGRAPH (2) AND INSERTING AFTER "1975" IN SUCH PARAGRAPH A COMMA
AND "AND $32,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1976".
SEC. 104. SECTION 301(A) OF SUCH ACT //29 USC 771.// IS AMENDED
BY--,
(1) STRIKING OUT "AND" AFTER "1974," IN THE FIRST SENTENCE AND
INSERTING BEFORE THE PERIOD AT THEEND OF SUCH SENTENCE A COMMA AND
"AND JUNE 30, 1976"; AND
(2) STRIKING OUT "1977" IN THE LAST SENTENCE AND INSERTING IN
LIEU THEREOF "1978".
SEC. 105. SECTION 302(A) OF SUCH ACT //29 USC 772.// IS AMENDED
STRIKING OUT "AND" AFTER "1974," AND BY INSERTING AFTER "1975" A COMMA
AND "AND JUNE 30, 1976".
SEC. 106. SECTION 304(A)(1) OF SUCH ACT //29 USC 774.// IS AMENDED
BY STRIKING OUT "AND" AFTER "1974," AND BY INSERTING AFTER "1975" A
COMMA AND "AND $20,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1976".
SEC. 107. SECTION 305(A) OF SUCH ACT //29 USC 775.// IS AMENDED BY
STRIKING OUT "AND" AFTER "1974," AND BY INSERTING AFTER "1975" A COMMA
AND "AND JUNE 30, 1976".
SEC. 108. SECTION 403 OF SUCH ACT //29 USC 783.// IS AMENDED BY
STRIKING OUT "AND" AFTER "1974," AND BY INSERTING AFTER "1975," THE
FOLLOWING: "AND JUNE 30, 1976".
SEC. 109. SECTION 405(D) OF SUCH ACT //29 USC 785.// IS AMENDED BY
INSERTING BEFORE THE PERIOD A COMMA AND "AND $600,000 FOR THE FISCAL
YEAR ENDING JUNE 30, 1976".
SEC. 110. SECTION 502(H) OF SUCH ACT //29 USC 792.// IS AMENDED BY
INSERTING BEFORE THE PERIOD AT THE END THEREOF A COMMA AND "AND
$1,500,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1976".
SEC. 111. (A) SECTION 7(6) OF SUCH ACT //29 USC 706.// IS AMENDED BY
ADDING AT THE END THEREOF THE FOLLOWING NEW SENTENCE: "FOR THE PURPOSES
OF TITLES IV AND V OF THIS ACT, //29 USC 780, 790.// SUCH TERM MEANS ANY
PERSON WHO (A) HAS A PHYSICAL OR MENTAL IMPAIRMENT WHICH SUBSTANTIALLY
LIMITS ONE OR MORE OF SUCH PERSON'S MAJOR LIFE ACTIVITIES, (B) HAS A
RECORD OR SUCH AN IMPAIRMENT, OR (C) IS REGARDED AS HAVING SUCH AN
IMPAIRMENT.".
(B) SECTION 101(A)(6) OF SUCH ACT //29 USC 721.// IS AMENDED BY
ADDING AT THE END THEREOF BEFORE THE SEMICOLON "(INCLUDING A REQUIREMENT
THAT THE STATE AGENCY AND FACILITIES IN RECEIPT OF ASSISTANCE UNDER THIS
TITLE SHALL TAKE AFFIRMATIVE ACTION TO EMPLOY AND ADVANCE IN EMPLOYMENT
QUALIFIED HANDICAPPED INDIVIDUALS COVERED UNDER, AND NO THE SAME TERMS
AND CONDITIONS AS SET FORTH IN, SECTION 503)". //29 USC 793.//
(C) SECTION 101(A)(9)(C) OF SUCH ACT //29 USC 721.// IS AMENDED BY
ADDING AT THE END THEREOF BEFORE THE SEMICOLON "IN SUCH DETAIL AS
REQUIRED BY THE SECRETARY IN ORDER FOR HIM TO ANALYZE AND EVALUATE
ANNUALLY THE REASONS FOR AND NUMBERS OF SUCH INELIGIBILITY
DETERMINATIONS AS PART OF HIS RESPONSIBILITIES UNDER SECTION 401, //29
USC 781.// AND THAT THE STATE AGENCY WILL AT LEAST ANNUALLY CATEGORIZE
AND ANALYZE SUCH REASONS AND NUMBERS AND REPORT THIS INFORMATION TO THE
SECRETARY AND WILL, NOT LATER THAN 12 MONTHS AFTER EACH SUCH
DETERMINATION, REVIEW EACH SUCH INELIGIBILITY DETERMINATION IN
ACCORDANCE WITH THE CRITERIA SET FORTH IN SECTION 102". //29 USC 722.//
(D) SECTION 101(A)(15) OF SUCH ACT //29 USC 721.// IS AMENDED BY
INSERTING AFTER "FACILITIES" AT THE END OF THE PARENTHETICAL "AND REVIEW
OF THE EFFICACY OF THE CRITERIA EMPLOYED WITH RESPECT TO INELIGIBLITY
DETERMINATIONS DESCRIBED IN SUBCLAUSE (C) OF CLAUSE (9) OF THIS
SUBSECTION".
(E) SECTION 102 OF SUCH ACT //29 USC 722.// IS AMENDED BY--,
(1) INSERTING IN SUBSECTION (A) AFTER "PROGRAM" WHERE IT FIRST
APPEARS IN THE FIRST SENTENCE A COMMA AND "OR THE SPECIFICATION OF
REASONS FOR A DETERMINATION OF INELIGIBILITY PRIOR TO INITATION OF
SUCH PROGRAM BASED ON PRELIMINARY DIAGNOSIS,", AND INSERTING AT
THE END OF THE SECOND SENTENCE OF SUCH SUBSECTION BEFORE THE
PERIOD A COMMA AND "AND, AS APPROPRIATE, SUCH SPECIFICATION OF
REASONS FOR SUCH AN INELIGIBILITY DETERMINATION SHALL SET FORTH
THE RIGHTS AND REMEDIES, INCLUDING RECOURSE TO THE PROCESS SET
FORTH IN SUBSECTION (B)(5) OF THIS SECTION, AVAILABLE TO THE
INDIVIDUAL IN QUESTION";
(2) STRIKING OUT IN SUBSECTION (C) ALL OF CLAUSE (1) FROM "IN"
THE FIRST TIME IT APPEARS THROUGH "PRIMARY" AND INSERTING IN LIEU
THEREOF "IN MAKING ANY DETERMINATION OF INELIGIBILITY REFERRED TO
IN SUBSECTION (A) OF THIS SECTION, OR IN DEVELOPING AND CARRYING
OUT THE INDIVIDUALIZED WRITTEN REHABILITATION PROGRAM REQUIRED BY
SECTION 101 IN THE CASE OF EACH HANDICAPPED INDIVIDUAL,";
(3) STRIKING OUT IN CLAUSE (2) OF SUBSECTION (C) "PROGRAM, THAT
THE EVALUATION OF REHABILITATION POTENTIAL" AND INSERTING IN LIEU
THEREOF "PROGRAM, OR AS A PART OF THE SPECIFICATION OF REASONS FOR
AN INELIGIBILITY DETERMINATION, AS APPROPRIATE, THAT THE
PRELIMINARY DIAGNOSIS OR EVALUATION OF REHABILITATION POTENTIAL,
AS APPROPRIATE,"; AND
(4) INSERTING IN CLAUSE (3) OF SUBSECTION (C) A COMMA AND "AS
AN AMENDMENT TO SUCH WRITTEN PROGRAM," AFTER "DECISION".
(F) SECTION 112(A) //ANTE. P. 1618.// IS AMENDED BY--,
(1) STRIKING OUT "AN AMOUNT EQUAL TO THE AMOUNT OBLIGATED FOR
EXPENDITURE FOR CARRYING OUT SUCH PROJECTS AND DEMONSTRATIONS FOR
APPROPRIATIONS UNDER THE VOCATIONAL REHABILITATION ACT IN THE
FISCAL YEAR ENDING JUNE 30, 1973," AND INSERTING IN LIEU THEREOF
$11,860,000"; AND
(2) ADDING AT THE END THEREOF A NEW SENTENCE AS FOLLOWS: "IN
THE EVENT THAT FUNDS SO APPROPRIATED UNDER SECTION 304 //ANTE, P.
1620.// DO NOT EXCEED $11,860,000 IN ANY FISCAL YEAR, THE
SECRETARY IS AUTHORIZED TO UTILIZE SUCH FUNDS TO CARRY OUT THIS
SECTION".
(G) SECTION 130(B) OF SUCH ACT //29 USC 750.// IS AMENDED BY STRIKING
OUT "FEBRUARY 1, 1975" AND INSERTING IN LIEU THEREOF "JUNE 30, 1975".
(H) SECTION 202(A) OF SUCH ACT //29 USC 762.// IS AMENDED BY STRIKING
OUT "AND ANALYSES" IN THE PENULTIMATE CLAUSE AND INSERTING IN LIEU
THEREOF A COMMA AND "ANALYSES, AND DEMONSTRATIONS".
(I) SECTION 304(B) OF SUCH ACT //29 USC 774.// IS AMENDED BY--,
(1) STRIKING OUT "AND" BEFORE "(2)" IN THE FIRST SENTENCE, AND
INSERTING AT THE END OF SUCH SENTENCE BEFORE THE PERIOD A COMMA
AND "AND (3) FOR OPERATING PROGRAMS (INCLUDING RENOVATION AND
CONSTRUCTION OF FACILITIES, WHERE APPROPRIATE) TO DEMONSTRATE
METHODS OF MAKING RECREATIONAL ACTIVITIES FULLY ACCESSIBLE TO
HANDICAPPED INDIVIDUALS"; AND
(2) STRIKING OUT "FOR" THE THIRD TIME IT APPEARS IN THE
PARENTHETICAL IN CLAUSE (2) IN THE FIRST SENTENCE AND INSERTING IN
LIEU THEREOF "OR".
(J) SECTION 304(C) OF SUCH ACT IS AMENDED BY INSERTING AFTER "LABOR,"
IN THE FIRST SENTENCE "WHO".
(K) SECTION 304(E)(1) OF SUCH ACT IS AMENDED BY INSERTING AFTER "(B)"
THE FOLLOWING: "WITH THE CONCURRENCE OF THE BOARD ESTABLISHED BY
SECTION 502,".
(L)(1) SECTION 306(B) OF SUCH ACT IS AMENDED BY INSERTING AFTER
"PROJECT" A COMMA AND "OR FOR A PROJECT WHICH INVOLVES CONSTRUCTION,".
(2) SECTION 306(B)(4) OF SUCH ACT //29 USC 776.// IS AMENDED BY
INSERTING AFTER "SPECIFICATIONS" THE FOLLOWING: "WHICH HAVE BEEN
APPROVED BY THE BOARD ESTABLISHED BY SECTION 502,".
(M) SECTION 405(C) OF SUCH ACT //29 USC 785.// IS AMENDED BY--,
(1) STRIKING OUT "THE HANDICAPPED" AND INSERTING IN LIEU
THEREOF "HANDICAPPED INDIVIDUALS"; AND
(2) BY ADDING AT THE END THEREOF THE FOLLOWING NEW SENTENCE:
"IN NO EVENT SHALL ANY FUNCTIONS UNDER THIS SECTION BE FURTHER
DELEGATED TO ANY PERSONS WITH OPERATIONAL RESPONSIBILITIES FOR
CARRYING OUT FUNCTIONS AUTHORIZED UNDER ANY OTHER SECTION OF THIS
ACT OR UNDER ANY OTHER PROVISION OF LAW DESIGNED TO BENEFIT
HANDICAPPED INDIVIDUALS.".
(N)(1) SECTION 502(A) OF SUCH ACT //29 USC 792.// IS AMENDED BY
REDESIGNATING CLAUSES (6), (7), AND (8) THEREOF AS CLAUSES (7), (8), AND
(9), RESPECTIVELY, AND BY INSERTING IMMEDIATELY AFTER CLAUSE (5) THE
FOLLOWING NEW CLAUSE:
"(6) DEPARTMENT OF DEFENSE;".
(2) SECTION 502(A) OF SUCH ACT IS FURTHER AMENDED BY ADDING AT THE
END THEREOF THE FOLLOWING NEW SENTENCE: "THE SECRETARY OF HEALTH,
EDUCATION, AND WELFARE SHALL BE THE CHAIRMAN OF THE BOARD, AND THE BOARD
SHALL APPOINT, UPON RECOMMENDATION OF THE SECRETARY, A CONSUMER ADVISORY
PANEL, A MAJORITY OF THE MEMBERS OF WHICH SHALL BE HANDICAPPED
INDIVIDUALS, TO PROVIDE GUIDANCE, ADVICE, AND RECOMMEMDATIONS TO THE
BOARD IN CARRYING OUT ITS FUNCTIONS.".
(O)(1) SECTION 502(D) OF SUCH ACT IS AMENDED BY STRIKING OUT
"SECTION, THE BOARD" IN THE FIRST SENTENCE AND INSERTING IN LIEU THEREOF
"ACT, THE BOARD SHALL, DIRECTLY OR THROUGH GRANTS TO OR CONTRACTS WITH
PUBLIC OR PRIVATE NONPROFIT ORGANIZATIONS, CARRY OUT ITS FUNCTIONS UNDER
SUBSECTIONS (B) AND (C) OF THIS SECTION, AND".
(2) SECTION 502(D) OF SUCH ACT //ANTE, P. 1621.// IS FURTHER AMENDED
BY ADDING AT THE END THEREOF THE FOLLOWING NEW SENTENCES: "ANY SUCH
ORDER AFFECTING ANY FEDERAL DEPARTMENT, AGENCY, OR INSTRUMENTALITY OF
THE UNITED STATES SHALL BE FINAL AND BINDING ON SUCH DEPARTMENT, AGENCY,
OR INSTRUMENTALITY. AN ORDER OF COMPLIANCE MAY INCLUDE THE WITHHOLDING
OR SUSPENSION OF FEDERAL FUNDS WITH RESPECT TO ANY BUILDING FOUND NOT TO
BE IN COMPLIANCE WITH STANDARDS PRESCRIBED PURSUANT TO THE ACTS CITED IN
SUBSECTION (B) OF THIS SECTION.".
(P) SECTION 502(E) OF SUCH ACT IS AMENDED BY ADDING BEFORE THE FIRST
SENTENCE THE FOLLOWING NEW FIRST SENTENCE: "THERE SHALL BE APPOINTED BY
THE BOARD AN EXECUTIVE DIRECTOR AND SUCH OTHER PROFESSIONAL AND CLERICAL
PERSONNEL AS ARE NECESSARY TO CARRY OUT ITS FUNCTIONS UNDER THIS ACT.".
(Q) SECTION 502(G) OF SUCH ACT IS AMENDED BY STRIKING OUT IN THE
PENULTIMATE SENTENCE "PRIOR TO JANUARY 1" AND INSERTING IN LIEU THEREOF
"NOT LATER THAN SEPTEMBER 30".
SHORT TITLE //20 USC 107 NOTE.//
SEC. 200. THIS TITLE MAY BE CITED AS THE "RANDOLPH-SHEPPARD ACT
AMENDMENTS OF 1974".
FINDINGS
SEC. 201. THE CONGRESS FINDS--, //20 USC 107 NOTE.//
(1) AFTER REVIEW OF THE OPERATION OF THE BLIND VENDING STAND
PROGRAM AUTHORIZED UNDER THE RANDOLPH-SHEPPARD ACT OF JUNE 20,
1936, //20 USC 107.// THAT THE PROGRAM HAS NOT DEVELOPED, AND HAS
NOT BEEN SUSTAINED, IN THE MANNER AND SPIRIT IN WHICH THE CONGRESS
INTENDED AT THE TIME OF ITS ENACTMENT, AND THAT, IN FACT, THE
GROWTH OF THE PROGRAM HAS BEEN INHIBITED BY A NUMBER OF EXTERNAL
FORCES;
(2) THAT THE POTENTIAL EXISTS FOR DOUBLING THE NUMBER OF BLIND
OPERATORS OF FEDERAL AND OTHER PROPERTY UNDER THE
RANDOLPH-SHEPPARD PROGRAMS WITHIN THE NEXT FIVE YEARS, PROVIDED
THE OBSTACLES TO GROWTH ARE REMOVED, THAT LEGISLATIVE AND
ADMINISTRATIVE MEANS EXIST TO REMOVE SUCH OBSTACLES, AND THAT
CONGRESS SHOULD ADOPT LEGISLATION TO THAN END; AND
(3) THAT AT A MINIMUM THE FOLLOWING ACTIONS MUST BE TAKEN TO
INSURE THE CONTINUED VITALITY AND EXPANSION OF THE
RANDOLPH-SHEPPARD PROGRAM--,
(A) ESTABLISH UNIFORMITY OF TREATMENT OF BLIND VENDORS BY ALL
FEDERAL DEPARTMENTS, AGENCIES, AND INSTRUMENTALIES,
(B) ESTABLISH GUIDELINES FOR THE OPERATION OF THE PROGRAM BY
THE STATE LICENSING AGENCIES,
(C) REQUIRE COORDINATION AMONG THE SEVERAL ENTITIES WITH
RESPONSIBILITY FOR THE PROGRAM,
(D) ESTABLISH A PRIORITY FOR VENDING FACILITIES OPERATED BY
BLIND VENDORS ON FEDERAL PROPERTY,
(E) ESTABLISH ADMINISTRATIVE AND JUDICIAL PROCEDURES UNDER
WHICH FAIR TREATMENT OF BLIND VENDORS, STATE LICENSING AGENCIES,
AND THE FEDERAL GOVERNMENT IS ASSURED,
(F) REQUIRE STRONGER ADMINISTRATIVE AND OVERSIGHT FUNCTIONS IN
THE FEDERAL OFFICE CARRYING OUT THE PROGRAM, AND
(G) ACCOMPLISH OTHER LEGISLATIVE AND ADMINISTRATIVE OBJECTIVES
WHICH WILL PERMIT THE RANDOLPH-SHEPPARD PROGRAM TO FLOURISH.
OPERATION OF VENDING FACILITIES ON FEDERAL PROPERTY
SEC. 202. THE FIRST SECTION OF THE ACT ENTITLED "AN ACT TO AUTHORIZE
THE OPERATION OF STANDS IN FEDERAL BUILDINGS BY BLIND PERSONS, TO
ENLARGE THE ECONOMIC OPPORTUNITIES OF THE BLIND, AND FOR OTHER PURPOSES"
(HEREAFTER REFERRED TO IN THIS TITLE AS THE "RANDOLPH-SHEPPARD ACT"),
APPROVED JUNE 20, 1936, AS AMENDED (20 U.S.C. 107), IS AMENDED BY
STRIKING OUT ALL AFTER THE ENACTING CLAUSE AND INSERTING IN LIEU THEREOF
THE FOLLOWING:
"THAT (A) FOR THE PURPOSES OF PROVIDING BLIND PERSONS WITH
REMUNERATIVE EMPLOYMENT, ENLARGING THE ECONOMIC OPPORTUNITIES OF THE
BLIND, AND STIMULATING THE BLIND TO GREATER EFFORTS IN STRIVING TO MAKE
THEMSELVES SELF-SUPPORTING, BLIND PERSONS LICENSED UNDER THE PROVISIONS
OF THIS ACT SHALL BE AUTHORIZED TO OPERATE VENDING FACILITIES ON ANY
FEDERAL PROPERTY.
"(B) IN AUTHORIZING THE OPERATION OF VENDING FACILITIES ON FEDERAL
PROPERTY, PRIORITY SHALL BE GIVEN TO BLIND PERSONS LICENSED BY A STATE
AGENCY AS PROVIDED IN THIS ACT; AND THE SECRETARY, THROUGH THE
COMMISSIONER, SHALL, AFTER CONSULTATION WITH THE AMINISTRATOR OF GENERAL
SERVICES AND OTHER HEADS OF DEPARTMENTS, AGENCIES, OR INSTRUMENTALITIES
OF THE UNITED STATES IN CONTROL OF THE MAINTENANCE, OPERATION, AND
PROTECTION OF FEDERAL PROPERTY, PRESCRIBE REGULATIONS DESIGNED TO ASSURE
THAT--,
"(1) THE PRIORITY UNDER THIS SUBSECTION IS GIVEN TO SUCH
LICENSED BLIND PERSONS (INCLUDING ASSIGNMENT OF VENDING MACHINE
INCOME PURSUANT TO SECTION 7 OF THIS ACT //POST, P. 1626, 1627.//
TO ACHIEVE AND PROTECT SUCH PRIORITY", AND
"(2) WHEREVER FEASIBLE, ONE OR MORE VENDING FACILITIES ARE
ESTABLISHED ON ALL FEDERAL PROPERTY TO THE EXTENT THAT ANY SUCH
FACILITY OR FACILITIES WOULD NOT ADVERSELY AFFECT THE INTERESTS OF
THE UNITED STATES.
ANY LIMITATION ON THE PLACEMENT OR OPERATION OF A VENDING FACILITY BASED
ON A FINDING THAT SUCH PLACEMENT OR OPERATION WOULD ADVERSELY AFFECT THE
INTERESTS OF THE UNITED STATES SHALL BE FULLY JUSTIFIED IN WRITING TO
THE SECRETARY, WHO SHALL DETERMINE WHETHER SUCH LIMITATION IS JUSTIFIED.
A DETERMINATION MADE BY THE SECRETARY PURSUANT TO THIS PROVISION SHALL
BE BINDING ON ANY DEPARTMENT, AGENCY, OR INSTRUMENTALITY OF THE UNITED
STATES AFFECTED BY SUCH DETERMINATION. THE SECRETARY SHALL PUBLISH SUCH
DETERMINATION, ALONG WITH SUPPORTING DOCUMENTATION, IN THE FEDERAL
REGISTER.".
FEDERAL AND STATE RESPONSIBILITIES
SEC. 203. (A)(1) SECTION 2(A) OF THE RANDOLPH-SHEPPARD ACT //20 USC
107A.// IS AMENDED BY REDESIGNATING PARAGRAPHS (1) THROUGH (5) AS
PARAGRAPHS (2) THROUGH (6), RESPECTIVELY, AND BY INSERTING THE FOLLOWING
NEW PARAGRAPH (1):
"(1) INSURE THAT THE REHABILITATION SERVICES ADMINISTRATION IS THE
PRINICIPAL AGENCY FOR CARRYING OUT THIS ACT; AND THE COMMISSIONER
SHALL, WITHIN ONE HUNDRED AND EIGHTY DAYS AFTER ENACTMENT OF THE
RANDOLPH-SHEPPARD ACT AMENDMENTS OF 1974, ESTABLISH REQUIREMENTS FOR THE
UNIFORM APPLICATION OF THIS ACT BY EACH STATE AGENCY DESIGNATED UNDER
PARAGRAPH (5) OF THIS SUBSECTION, INCLUDING APPROPRIATE ACCOUNTING
PROCEDURES, POLICIES ON THE SELECTION AND ESTABLISHMENT OF NEW VENDING
FACILITIES, DISTRIBUTION OF INCOME TO BLIND VENDORS, AND THE USE AND
CONTROL OF SET-ASIDE FUNDS UNDER SECTION 3(3) OF THIS ACT;" //20 USC
107B.//
(2) SECTION 2(A)(2) OF SUCH ACT, AS REDESIGNATED BY PARAGRAPH (1) OF
THIS SUBSECTION, IS AMENDED TO READ AS FOLLOWS:
"(2) THROUGH THE COMMISSIONER, MAKE ANNUAL SURVEYS OF CONCESSION
VENDING OPPORTUNITIES FOR BLIND PERSONS ON FEDERAL AND OTHER PROPERTY IN
THE UNITED STATES, PARTICULARLY WITH RESPECT TO FEDERAL PROPERTY UNDER
THE CONTROL OF THE GENERAL SERVICES ADMINISTRATION, THE DEPARTMENT OF
DEFENSE, AND THE UNITED STATES POSTAL SERVICE;".
(3) SECTION 2(A)(5) OF SUCH ACT, //ANTE, P. 1623.// AS REDESIGNATED
BY PARAGRAPH (1) OF THIS SUBSECTION, IS AMENDED--,
(A) BY STRIKING OUT "AND AT LEAST TWENTY-ONE YEARS OF AGE",
(C) BY STRIKING OUT "ARTICLES DISPENSED AUTOMATICALLY OR IN
CONTAINERS OR WRAPPING IN WHICH THEY ARE PLACED BEFORE RECEIPT BY
THE VENDING STAND, AND SUCH OTHER ARTICLES AS MAY BE APPROVED FOR
EACH PROPERTY BY THE DEPARTMENT OR AGENCY IN CONTROL OF THE
MAINTENANCE, OPERATION, AND PROTECTION THEREOF AND THE STATE
LICENSING AGENCY IN ACCORDANCE WITH THE REGULATIONS PRESCRIBED
PRUSUANT TO THE FIRST SECTION" AND INSERTING IN LIEU THEREOF THE
FOLLOWING: "FOODS, BEVERAGES, AND OTHER ARTICLES OR SERVICES
DISPENSED AUTOMATICALLY OR MANUALLY AND PREPARED ON OR OFF THE
PREMISES IN ACCORDANCE WITH ALL APPLICABLE HEALTH LAWS, AS
DETERMINED BY THE STATE LICENSING AGENCY, AND INCLUDING THE
VENDING OR EXCHANGE OF CHANCES FOR ANY LOTTERY AUTHORIZED BY STATE
LAW AND CONDUCTED BY AN AGENCY OF A STATE",
(D) BY STRIKING OUT "STANDS" AND "STAND" AND INSERTING IN LIEU
THEREOF "FACILITIES" AND "FACILITY", RESPECTIVELY, AND
(E) BY STRIKING OUT THE COLON AND ALL MATTER FOLLOWING THE
COLON, AND INSERTING IN LIEU THEREOF"; AND".
(4) SECTION 2(A)(6) OF SUCH ACT, AS REDESIGNATED BY PARAGRAPH (1) OF
THIS SUBSECTION, IS AMENDED TO READ AS FOLLOWS:
"(6) THROUGH THE COMMISSION, (A) CONDUCT PERIODIC EVALUATIONS OF THE
PROGRAM AUTHORIZED BY THIS ACT, //POST, P. 1628.// INCLUDING UPWARD
MOBILITY AND OTHER TRAINING REQUIRED BY SECTION 8, AND ANNUALLY SUBMIT
TO THE APPROPRIATE COMMITTEES OF CONGRESS A REPORT BASED ON SUCH
EVALUATIONS, AND
(B) TAKE SUCH OTHER STEPS, INCLUDING THE ISSUANCE OF SUCH RULES AND
REGULATIONS, AS MAY BE NECESSARY OR DESIRABLE IN CARRYING OUT THE
PROVISIONS OF THIS ACT."
(B) SECTION 2(B) OF SUCH ACT //20 USC 107A.// IS AMENDED--,
(1) BY STRIKING OUT "STAND" THE FIRST TIME IT APPEARS IN THE
FIRST SENTENCE AND WHERE IT APPEARS IN THE SECOND SENTENCE AND
INSERTING IN LIEU THEREOF "FACILITY";
(2) BY STRIKING OUT "AND HAVE RESIDED FOR AT LEAST ONE YEAR IN
THE STATE IN WHICH SUCH STAND IS LOCATED"; AND
(3) BY STRIKING OUT "BUT ARE ABLE, INSPITE OF SUCH INFIRMITY,
TO OPERATE SUCH STANDS".
(C) SECTION 2(C) OF SUCH ACT IS AMENDED BY STRIKING OUT "STAND" IN
EACH PLACE IN WHICH IT APPEARS AND INSERTING IN LIEU THEREOF "FACILITY".
(D) SECTION 2 OF SUCH ACT IS FURTHER AMENDED BY ADDING AT THE END
THEREOF THE FOLLOWING NEW SUBSECTIONS:
"(D)(1) AFTER JANUARY 1, 1975, NO DEPARTMENT, AGENCY, OR
INSTRUMENTALITY OF THE UNITED STATES SHALL UNDERTAKE TO ACQUIRE BY
OWNERSHIP, RENT, LEASE, OR TO OTHERWISE OCCUPY, IN WHOLE OR IN PART, ANY
BUILDING UNLESS, AFTER CONSULTATION WITH THE HEAD OF SUCH DEPARTMENT,
AGENCY, OR INSTRUMENTALITY AND THE STATE LICENSING AGENCY, IT IS
DETERMINED BY THE SECRETARY THAT (A) SUCH BUILDING INCLUDES A
SATISFACTORY SITE OR SITES FOR THE LOCATION AND OPERATION OF A VENDING
FACILITY BY A BLIND PERSON, OR (B) IF A BUILDING IS TO BE CONSTRUCTED,
SUBSTANTIALLY ALTERED, OR RENOVATED, OR IN THE CASE OF A BUILDING THAT
IS READY OCCUPIED ON SUCH DATE BY SUCH DEPARTMENT, AGENCY, OR
INSTRUMENTALITY, IS TO BE SUBSTANTIALLY ALTERED OR RENOVATED FOR USE BY
SUCH DEPARTMENT, AGENCY, OR INSTRUMENTALITY, THE DESIGN FOR SUCH
CONSTRUCTION, SUBSTANTIAL ALTERATION, OR RENOVATION INCLUDES A
SATISFACTORY SITE OR SITES FOR THE LOCATION AND OPERATION OF A VENDING
FACILITY BY A BLIND PERSON. EACH SUCH DEPARTMENT, AGENCY, OR
INSTRUMENTALITY SHALL PROVIDE NOTICE TO THE APPROPRIATE STATE LICENSING
AGENCY OF ITS PLANS FOR OCCUPATION, ACQUISITION, RENOVATION, OR
RELOCATION OF A BUILDING ADEQUATE TO PERMIT SUCH STATE AGENCY TO
DETERMINE WHETHER SUCH BUILDING INCLUDES A SATISFACTORY SITE OR SITES
FOR A VENDING FACILITY.
"(2) THE PROVISIONS OF PARAGRAPH (1) SHALL NOT APPLY (A) WHEN THE
SECRETARY AND THE STATE LICENSING AGENCY DETERMINE THAT THE NUMBER OF
PEOPLE USING THE PROPERTY IS OR WILL BE INSUFFICIENT TO SUPPORT A
VENDING FACILITY, OR (B) TO ANY PRIVATELY OWNED BUILDING, ANY PART OF
WHICH IS LEASED BY ANY DEPARTMENT, AGENCY, OR INSTRUMENTALITY OF THE
UNITED STATES AND IN WHICH, (I) PRIOR TO THE EXECUTION OF SUCH LEASE,
THE LESSOR OR ANY OF HIS TENANTS HAD IN OPERATION A RESTAURANT OR OTHER
FOOD FACILITY IN A PART OF THE BUILDING NOT INCLUDED IN SUCH LEASE, AND
(II) THE OPERATION OF SUCH A VENDING FACILITY BY A BLIND PERSON WOULD BE
IN PROXIMATE AND SUBSTANTIAL DIRECT COMPETITION WITH SUCH RESTAURANT OR
OTHER FOOD FACILITY EXCEPT THAT EACH SUCH DEPARTMENT, AGENCY, AND
INSTRUMENTALITY SHALL MAKE EVERY EFFORT TO LEASE PROPERTY IN PRIVATELY
OWNED BUILDINGS CAPABLE OF ACCOMMODATING A VENDING FACILITY.
"(3) FOR THE PURPOSES OF THIS SUBSECTION, THE TERM 'SATISFACTORY
SITE' MEANS AN AREA DETERMINED BY THE SECRETARY TO HAVE SUFFICIENT
SPACE, ELECTRICAL AND PLUMBING OUTLETS, AND SUCH OTHER FACILITIES AS THE
SECRETARY MAY BE REGULATION PRESCRIBE, FOR HE LOCATION AND OPERATION OF
A VENDING FACILITY BY A BLIND PERSON.
"(E) IN ANY STATE HAVING AN APPROVED PLAN FOR VOCATIONAL
REHABILITATION PURSUANT TO THE VOCATIONAL REHABILITATION ACT OR THE
REHABILITATION ACT OF 1973 (PUBLIC LAW 93 - 112), //29 USC 31 NOTE, 701
NOTE.// THE STATE LICENSING AGENCY DEIGNATED UNDER PARAGRAPH (5) OF
SUBSECTION (A) OF THIS SECTION SHALL BE THE STATE AGENCY DESIGNATED
UNDER SECTION 101(A)(1)(A) OF SUCH REHABILITATION ACT OF 1973.". //29
USC 107B.//
DUTIES OF STATE LICENSING AGENCIES AND ARBITRATION
SEC. 204. (A) SECTION 3 OF THE RANDOLPH-SHEPPARD ACT //20 USC
107B.// IS AMENDED--,
(1) BY STRIKING OUT "COMMISSION" AND INSERTING IN LIEU THEREOF
"AGENCY";
(2) BY STRIKING OUT IN PARAGRAPHS (2) AND (3) "STAND" AND
"STANDS" WHEREVER SUCH TERMS APPEAR AND INSERTING IN LIEU THEREOF
"FACILITY" AND "FACILITIES", RESPECTIVELY; AND
(3) BY STRIKING OUT IN PARAGRAPH (6) THE WORD "STAND" AND
INSERTING IN LIEU THEREOF "FACILITY", AND, BY INSERTING
IMMEDIATELY BEFORE THE PERIOD THE FOLLOWING: ",AND TO AGREE TO
SUBMIT THE GRIEVANCES OF ANY BLIND LICENSEE NOT OTHERWISE RESOLVED
BY SUCH HEARING TO ARBITRATION AS PROVIDDED IN SECTION 5 OF THIS
ACT". //POST, P. 1626.//
(B) SECTION 3(3) OF SUCH ACT IS FURTHER AMENDED BY STRIKING OUT "AND"
IMMEDIATELY BEFORE SUBPARAGRAPH (D) AND BY INSERTING IMMEDIATELY BEFORE
THE COLONG AT THE END OF SUCH SUBPARAGRAPH THE FOLLOWING"; AND (E)
RETIREMENT OR PENSION FUNDS, HEALTH INSURANCE CONTRIBUTIONS, AND
PROVISION FOR PAID SICK LEAVE AND VACATION TIME, IF IT IS DETERMINED BY
A MAJORITY VOTE OF BLIND LICENSEES LICENSED BY SUCH STATE AGENCY, AFTER
SUCH AGENCY PROVIDES TO EACH SUCH LICENSEE FULL INFORMATION ON ALL
MATTERS RELEVANT TO SUCH PROPOSED PROGRAM, THAT FUNDS UNDER THIS
PARAGRAPH SHALL BE SET ASIDE FOR SUCH PURPOSES".
(C) SECTION 3(3) OF SUCH ACT IS FURTHER AMENDED BY INSERTING BEFORE
THE WORD "PROCEEDS" IN BOTH PLACES IT APPEARS, THE WORDS "NET".
REPEALS
SEC. 205. SECTIONS 4 AND 7 OF THE RANDOLPH-SHEPPARD ACT //20 USC
107C, 107E-1,// ARE REPEALED.
ARBITRATION; VENDING MACHINE INCOME; PERSONNEL; TRAINING
SEC. 206. THE RANDOLPH-SHEPPARD ACT IS FURTHER AMENDED BY
REDESIGNATING SECTIONS 5, 6, AND 8, //20 USC 107D, 107E, 107F.// AS
SECTIONS 4, 9, AND 10, RESPECTIVELY, AND BY INSERTING IMMEDIATELY AFTER
SECTION 4, AS REDESIGNATED, THE FOLLOWING NEW SECTIONS:
"SEC. 5. //20 SUC 107D-1.// (A) ANY BLIND LICENSEE WHO IS
DISSATISFIED WITH ANY ACTION ARISING FROM THE OPERATION OR
ADMINISTRATION OF THE VENDING FACILITY PROGRAM MAY SUBMIT TO A STATE
LICENSING AGENCY A REQUEST FOR A FULL EVIDENTIARY HEARING, WHICH SHALL
BE PROVIDED BY SUCH AGENCY IN ACCORDANCE WITH SECTION 3(6) OF THIS ACT.
//ANTE, P. 1625.// IF SUCH BLIND LICENSEE IS DISSATISFIED WITH ANY
ACTION TAKEN OR DECISION RENDERED AS A RESULT OF SUCH HEARING, HE MAY
FILE A COMPLAINT WITH THE SECRETARY WHO SHALL CONVENE A PANEL TO
ARBITRATE THE DISPUTE PURSUANT TO SECTION 6 OF THIS ACT, AND THE
DECISION OF SUCH PANEL SHALL BE FINAL AND BINDING ON THE PARTIES EXCEPT
AS OTHERWISE PROVIDED IN THIS ACT.
"(B) WHENEVER ANY STATE LICENSING AGENCY DETERMINES THAT ANY
DEPARTMENT, AGENCY, OR INSTRUMENTALITY OF THE UNITED STATES THAT HAS
CONTROL OF THE MAINTENANCE, OPERATION, AND PROTECTION OF FEDERAL
PROPERTY IS FAILING TO COMPLY WITH THE PROVISIONS OF THIS ACT OR ANY
REGULATIONS ISSUED THEREUNDER (INCLUDING A LIMITATION ON THE PLACEMENT
OR //ANTE, P. 1623.// OPERATION OF A VENDING FACILITY AS DESCRIBED IN
SECTION 1(B) OF THIS ACT AND THE SECRETARY'S DETERMINATION THEREON) SUCH
LICENSING AGENCY MAY FILE A COMPLAINT WITH THE SECRETARY WHO SHALL
CONVENE A PANEL TO ARBITRATE THE DISPUTE PURSUANT TO SECTION 6 OF THIS
ACT, AND THE DECISION OF SUCH PANEL SHALL BE FINAL AND BINDING ON THE
PARTIES EXCEPT AS OTHERWISE PROVIDED IN THIS ACT.
"SEC. 6. //20 USC 107D-2.// (A) UPON RECEIPT OF A COMPLAINT FILED
UNDER SECTION 5 OF THIS ACT, THE SECRETARY SHALL CONVENE AN AD HOC
ARBITRATION PANEL AS PROVIDED IN SUBSECTION (B). SUCH PANEL SHALL, IN
ACCORDANCE WITH THE PROVISIONS OF SUBCHAPTER II OF CHAPTER 5 OF TITLE 5,
UNITED STATES CODE, //5 USC 551.// GIVE NOTICE, CONDUCT A HEARING, AND
RENDER ITS DECISION WHICH SHALL BE SUBJECT TO APPEAL AND REVIEW AS A
FINAL AGENCY ACTION FOR PURPOSES OF CHAPTER 7 OF SUCH TITLE 5. //5 USC
701.//
"(B)(1) THE ARBITRATION PANEL CONVENED BY THE SECRETARY TO HEAR
GRIEVANCES OF BLIND LICENSES SHALL BE COMPOSED OF THREE MEMBERS
APPOINTED AS FOLLOWS:
"(A) ONE INDIVIDUAL DESIGNATED BY THE STATE LICENSING
AGENCY;
"(B) ONE INDIVIDUAL DESIGNATED BY THE BLIND LICENSEE; AND
"(C) ONE INDIVIDUAL, NOT EMPLOYED BY THE STATE LICENSING AGENCY
OR, WHERE APPROPRIATE, ITS PARENT AGENCY, WHO SHALL SERVE AS
CHAIRMAN, JOINTLY DESIGNATED BY THE MEMBERS APPOINTED UNDER
SUBPARAGRAPHS (A) AND (B).
IF ANY PARTY FAILS TO DESIGNATE A MEMBER UNDER SUBPARAGRAPH (1)(A), (B),
OR (C), THE SECRETARY SHALL DESIGNATE SUCH MEMBER ON BEHALF OF SUCH
PARTY.
"(2) THE ARBITRATION PANEL CONVENED BY THE SECRETARY TO HEAR
COMPLAINTS FILED BY A STATE LICENSING AGENCY SHALL BE COMPOSED OF THREE
MEMBERS APPOINTED AS FOLLOWS:
"(A) ONE INDIVIDUAL, DESIGNATED BY THE STATE LICENSING
AGENCY;
"(B) ONE INDIVIDUAL, DESIGNATED BY THE HEAD OF THE FEDERAL
DEPARTMENT, AGENCY, OR INSTRUMENTALITY CONTROLLING THE FEDERAL
PROPERTY OVER WHICH THE DISPUTE AROSE; AND
"(C) ONE INDIVIDUAL, NOT EMPLOYED BY THE FEDERAL DEPARTMENT,
AGENCY, OR INSTRUMENTALITY CONTROLLING THE FEDERAL PROPERTY OVER
WHICH THE DISPUTE AROSE, WHO SHALL SERVE AS CHAIRMAN, JOINTLY
DESIGNATED BY THE MEMBERS APPOINTED UNDER SUBPARAGRAPHS (A) AND
(B).
IF ANY PARTY FAILS TO DESIGNATE A MEMBER UNDER SUBPARAGRAPH (2)(A), (B),
OR (C), THE SECRETARY SHALL DESIGNATE SUCH MEMBER ON BEHALF OF SUCH
PARTY. IF THE PANEL APPOINTED PURSUANT TO PARAGRAPH (2) FINDS THAT THE
ACTS OR PRACTICES OF ANY SUCH DEPARTMENT, AGENCY, OR INSTRUMENTALITY ARE
IN VIOLATION OF THIS ACT, OR ANY REGULATION ISSUED THEREUNDER, HEAD OF
ANY SUCH DEPARTMENT, AGENCY, OR INSTRUMENTALITY SHALL CAUSE SUCH ACTS OR
PRACTICES TO BE TERMINATED PROMPTLY AND SHALL TAKE SUCH OTHER ACTION AS
MAY BE NECESSARY TO CARRY OUT THE DECISION OF THE PANEL.
"(C) THE DECISIONS OF A PANEL COVENED BY THE SECRETARY PURSUANT TO
THIS SECTION SHALL BE MATTERS OF PUBLIC RECORD AND SHALL BE PUBLISHED IN
THE FEDERAL REGISTER.
"(D) THE SECRETARY SHALL PAY ALL REASONABLE COSTS OF ARBITRATION
UNDER THIS SECTION IN ACCORDANCE WITH A SCHEDULE OF FEES AND EXPENSES HE
SHALL PUBLISH IN THE FEDERAL REGISTER.
"SEC. 7. //20 USC 107D-3// (A) IN ACCORDANCE WITH THE PROVISIONS OF
SUBSECTION (B) OF THIS SECTION, VENDING MACHINE INCOME OBTAINED FROM THE
OPERATION OF VENDING MACHINES ON FEDERAL PROPERTY SHALL ACCRUE (1) TO
THE BLIND LICENSEE OPERATING A VENDING FACILITY ON SUCH PROPERTY, OR (2)
IN THE EVENT THERE IS NO BLIND LICENSEE OPERATING SUCH FACILITY ON SUCH
PROPERTY, TO THE STATE AGENCY IN WHOSE STATE THE FEDERAL PROPERTY IS
LOCATED, FOR THE USES DESIGNATED IN SUBSECTION (C) OF THIS SECTION,
EXCEPT THAT WITH RESPECT TO INCOME WHICH ACCRUES UNDER CLAUSE (1) OF
THIS SUBSECTION, THE COMMISSIONER MAY PRESCRIBE REGULATIONS IMPOSING A
CEILING ON INCOME FROM SUCH VENDING MACHINES FOR AN INDIVIDUAL BLIND
LICENSEE. IN THE EVENT SUCH A CEILING IS IMPOSED, NO BLIND LICENSEE
SHALL RECEIVE LESS VENDING MACHINE INCOME UNDER SUCH CEILING THAN HE WAS
RECEIVING ON JANUARY 1, 1974. NO LIMITATION SHALL BE IMPOSED ON INCOME
FROM VENDING MACHINES, COMBINED TO CREATE A VENDING FACILITY, WHICH ARE
MAINTAINED, SERVICED, OR OPERATED BY A BLIND LICENSEE. ANY AMOUNTS
RECEIVED BY A BLIND LICENSEE THAT ARE IN EXCESS OF THE AMOUNT PERMITTED
TO ACCRUE TO HIM UNDER ANY CEILING IMPOSED BY THE COMMISSIONER SHALL BE
DISBURSED TO THE APPROPRIATE STATE AGENCY UNDER CLAUSE (2) OF THIS
SUBSECTION AND SHALL BE USED BY SUCH AGENCY IN ACCORDANCE WITH
SUBSECTION (C) OF THIS SECTION.
"(B)(1) AFTER JANUARY 1, 1975, 100 PER CENTUM OF ALL VENDING MACHINE
INCOME FROM VENDING MACHINES ON FEDERAL PROPERTY WHICH ARE IN DIRECT
COMPETITION WITH A BLIND VENDING FACILITY SHALL ACCRUE AS SPECIFIED IN
SUBSECTION (A) OF THIS SECTION. 'DIRECT COMPETITION' AS USED IN THIS
SECTION MEANS THE EXISTENCE OF ANY VENDING MACHINES OR FACILITIES
OPERATED ON THE SAME PREMISES AS A BLIND VENDING FACILITY EXCEPT THAT
VENDING MACHINES OR FACILITIES OPERATED IN AREAS SERVING EMPLOYEES THE
MAJORITY OF WHOM NORMALLY DO NOT HAVE DIRECT ACCESS TO THE BLIND VENDING
FACILITY SHALL NOT BE CONSIDERED IN DIRECT COMPETITION WITH THE BLIND
VENDING FACILITY. AFTER JANUARY 1, 1975, 50 PER CENTUM OF ALL VENDING
MACHINE INCOME FROM VENDING MACHINES ON FEDERAL PROPERTY WHICH ARE NOT
IN DIRECT COMPETITION WITH A BLIND VENDING FACILITY SHALL ACCRUE AS
SPECIFIED IN SUBSECTION (A) OF THIS SECTION, EXCEPT THAT WITH RESPECT TO
FEDERAL PROPERTY AT WHICH AT LEAST 50 PER CENTUM OF THE TOTAL HOURS
WORKED ON THE PREMISES OCCURS DURING PERIODS OTHER THAN NORMAL WORKING
HOURS, 30 PER CENTUM OF SUCH INCOME SHALL BE ACCRUE.
"(2) THE HEAD OF EACH DEPARTMENT, AGENCY, AND INSTRUMENTALITY OF THE
UNITED STATES SHALL INSURE COMPLIANCE WITH THIS SECTION WITH RESPECT TO
BUILDINGS, INSTALLATIONS, AND FACILITIES UNDER HIS CONTROL, AND SHALL BE
RESPONSIBLE FOR COLLECTION OF, AND ACCOUNTING FOR, SUCH VENDING MACHINE
INCOME.
"(C) ALL VENDING MACHINE INCOME WHICH ACCRUES TO A STATE LICENSING
AGENCY PURSUANT TO SUBSECTION (A) OF THIS SECTION SHALL BE USED TO
ESTABLISH RETIREMENT OR PENSION PLANS, FOR HEALTH INSURANCE
CONTRIBUTIONS, AND FOR PROVISION OF PAID SICK LEAVE AND VACATION TIME
FOR BLIND LICENSEES IN SUCH STATE, SUBJECT TO A VOTE OF BLIND LICENSEES
AS PROVIDED UNDER SECTION 3(3)(E) OF THIS ACT. //ANTE, P. 1626.// ANY
VENDING MACHINE INCOME REMAINING AFTER APPLICATION OF THE FIRST SENTENCE
OF THIS SUBSECTION SHALL BE USED FOR THE PURPOSES SPECIFIED IN SECTIONS
3(3) (A), (B), (C), AND (D) OF THIS ACT, //20 USC 107B.// AND ANY
ASSESSMENT CHARGED TO BLIND LICENSEES BY A STATE LICENSING AGENCY SHALL
BE REDUCED PRO RATA IN AN AMOUNT EQUAL TO THE TOTAL OF SUCH REMAINING
VENDING MACHINE INCOME.
"(D) SUBSECTIONS (A) AND (B)(1) OF THIS SECTION SHALL NOT APPLY TO
INCOME FROM VENDING MACHINES WITHIN RETAIL SALES OUTLETS UNDER THE
CONTROL OF EXCHANGE OR SHIPS' STORES SYSTEMS AUTHORIZED BY TITLE 10,
UNITED STATES CODE, //10 USC 101 ET SEQ.// OR TO INCOME FROM VENDING
MACHINES OPERATED BY THE VETERANS CANTEEN SERVICE, OR TO INCOME FROM
VENDING MACHINES NOT IN DIRECT COMPETITION WITH A BLIND VENDING FACILITY
AT INDIVIDUAL LOCATIONS INSTALLATIONS, OR FACILITIES ON FEDERAL PROPERTY
THE TOTAL OF WHICH AT SUCH INDIVIDUAL LOCATIONS, INSTALLATIONS, OR
FACILITIES DOES NOT EXCEED $3,000 ANNUALLY.
"(E) THE SECRETARY, THROUGH THE COMMISSIONER, SHALL PRESCRIBE
REGULATIONS TO ESTABLISH A PRIORITY FOR THE OPERATION OF CAFETERIAS ON
FEDERAL PROPERTY BY BLIND LICENSEES WHEN HE DETERMINES, ON AN INDIVIDUAL
BASIS AND AFTER CONSULTATION WITH THE HEAD OF THE APPROPRIATE
INSTALLATION, THAT SUCH OPERATION CAN BE PROVIDED AT A REASONABLE COST
WITH FOOD OF A HIGH QUALITY COMPARABLE TO THAT CURRENTLY PROVIDED TO
EMPLOYEES, WHETHER BY CONTRACT OR OTHERWISE.
"(F) THIS SECTION SHALL NOT OPERATE TO PRECLUDE PREEXISTING OR FUTURE
ARRANGEMENTS, OR REGULATIONS OF DEPARTMENTS, AGENCIES, OR
INSTRUMENTALITIES OF THE UNITED STATES, UNDER WHICH BLIND LICENSEES (1)
RECEIVE A GREATER PERCENTAGE OR AMOUNT OF VENDING MACHINE INCOME THAN
THAT SPECIFIED IN SUBSECTION (B)(1) OF THIS SECTION, OR (2) RECEIVE
VENDING MACHINE INCOME FROM INDIVIDUAL LOCATIONS, INSTALLATIONS, OR
FACILITIES ON FEDERAL PROPERTY THE TOTAL OF WHICH AT SUCH INDIVIDUAL
LOCATIONS, INSTALLATIONS, OR FACILITIES DOES NOT EXCEED $3,000 ANNUALLY.
"(G) THE SECRETARY SHALL TAKE SUCH ACTION AND PROMULGATE SUCH
REGULATIONS AS HE DEEMS NECESSARY TO ASSURE COMPLIANCE WITH THIS
SECTION.
"SEC. 8. //20 USC 107D-4.// THE COMMISSIONER SHALL INSURE, THROUGH
PROMULGATION OF APPROPRIATE REGULATIONS, THAT UNIFORM AND EFFECTIVE
TRAINING PROGRAMS, INCLUDING ON-THE-JOB TRAINING, ARE PROVIDED FOR BLIND
INDIVIDUALS, THROUGH SERVICES UNDER THE REHABILITATION ACT OF 1973
(PUBLIC LAW 93 - 112). //29 USC 701 NOTE.// HE SHALL FURTHER INSURE
THAT STATE AGENCIES PROVIDE PROGRAMS FOR UPWARD MOBILITY (INCLUDING
FURTHER EDUCATION AND ADDITIONAL TRAINING OR RETRAINING FOR IMPROVED
WORK OPPORTUNITIES) FOR ALL TRAINEES UNDER THIS ACT, AND THAT
FOLLOW-ALONG SERVICES ARE PROVIDED TO SUCH TRAINEES TO ASSURE THAT THEIR
MAXIMUM VOVATIONAL POTENTIAL IS ACHIEVED.".
DEFINITIONS
SEC. 207. SECTION 9 OF THE RANDOLPH-SHEPPARD ACT, AS REDESIGNATED BY
SECTION 206 OF THIS TITLE, //ANTE, P. 1626.// IS AMENDED TO READ AS
FOLLOWS:
"SEC. 9. AS USED IN THE ACT--, //20 USC 107E.//
"(1) 'BLIND PERSON' MEANS A PERSON WHOSE CENTRAL VISUAL ACUITY
DOES NOT EXCEED 20/200 IN THE BETTER EYE WITH CORRECTING LENSES OR
WHOSE VISUAL ACUITY, IF BETTER THAN 20/200, IS ACCOMPANIED BY A
LIMIT TO THE FIELD OF VISION IN THE BETTER EYE TO SUCH A DEGREE
THAT ITS WIDEST DIAMETER SUBTENDS AN ANGLE OF NO GREATER THAN
TWENTY DEGREES. IN DETERMINING WHETHER AN INDIVIDUAL IS BLIND,
THERE SHALL BE AN EXAMINATION BY A PHYSICIAN SKILLED IN DISEASES
OF THE EYE, OR BY AN OPTOMETRIST, WHICHEVER THE INDIVIDUAL SHALL
SELECT;
"(2) 'COMMISSIONER' MEANS THE COMMISSIONER OF THE
REHABILITATION SERVICES ADMINISTRATION;
"(3) 'FEDERAL PROPERTY' MEANS ANY BUILDING, LAND, OR OTHER REAL
PROPERTY OWNED, LEASED, OR OCCUPIED BY ANY DEPARTMENT, AGENCY, OR
INSTRUMENTALITYH OF THE UNITED STATES (INCLUDING THE DEPARTMENT OF
DEFENSE AND THE UNITED STATES POSTAL SERVICE), OR ANY OTHER
INSTRUMENTALITY WHOLLY OWNED BY THE UNITED STATES, ANY TERRITORY
OR POSSESSION OF THE UNITED STATES;
"(4) 'SECRETARY' MEANS THE SECRETARY OF HEALTH, EDUCATION, AND
WELFARE;
"(5) 'STATE' MEANS A STATE, TERRITORY, POSSESSION, PUERTO RICO,
OR THE DISTRICT OF COLUMBIA;
"(6) 'UNITED STATES' INCLUDES THE SEVERAL STATES, TERRITORIES,
AND POSSESSIONS OF THE UNITED STATES, PUERTO RICO, AND THE
DISTRICT OF COLUMBIA;
"(7) 'VENDING FACILITY' MEANS AUTOMATIC VENDING MACHINES,
CAFETERIAS, SNACK BARS, CART SHELTERS, COUNTERS, AND SUCH OTHER
APPROPRIATE AUXILIARY EQUIPMENT AS THE SECRETARY MAY BY REGULATION
PRESCRIBE AS BEING NECESSARY FOR THE SALE OF THE ARTICLES OR
SERVICES DESCRIBED IN SECTION 2(A)(5) OF THIS ACT //ANTE, P.
1624.// AND WHICH MAY BE OPERATED BY BLIND LICENSEES; AND
"(8) 'VENDING MACHINE INCOME' MEANS RECEIPTS (OTHER THAN THOSE
OF A BLIND LICENSEE) FROM VENDING MACHINE OPERATIONS ON FEDERAL
PROPERTY, AFTER COST OF GOODS SOLD (INCLUDING REASONABLE SERVICE
AND MAINTENANCE COSTS), WHERE THE MACHINES ARE OPERATED, SERVICED,
OR MAINTAINED BY, OR WITH THE APPROVAL OF, A DEPARTMENT, AGENCY,
OR INSTRUMENTALITY OF THE UNITED STATES, OR COMMISSIONS PAID
(OTHER THAN TO A BLIND LICENSEE) BY A COMMERCIAL VENDING CONCERN
WHICH OPERATES, SERVICES, AND MAINTAINS VENDING MACHINES ON
FEDERAL PROPERTY FOR, OR WITH THE APPROVAL OF, A DEPARTMENT,
AGENCY, INSTRUMENTALITY OF THE UNITED STATES.".
PERSONNEL
SEC. 208. //29 USC 702 NOTE.// (A) THE SECRETARY OF HEALTH,
EDUCATION, AND WELFARE IS DIRECTED TO ASSIGN TO THE OFFICE FOR THE BLIND
AND VISUALLY HANDICAPPED OF THE REHABILITATION SERVICES ADMINISTRATION
OF THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE TEN ADDITIONAL
FULL-TIME PERSONNEL (OR THEIR EQUIVALENT), FIVE OF WHOM SHALL BE
SUPPORTIVE PERSONNEL, TO CARRY OUT DUTIES RELATED TO THE ADMINISTRATION
OF THE RANDOLPH-SHEPPARD ACT. //20 USC 107.//
(B) SECTION 5108(C) OF TITLE 5, UNITED STATES CODE, IS AMENDED--,
(1) BY STRIKING OUT "AND" AT THE END OF PARAGRAPH (10);
(2) BY STRIKING OUT THE PERIOD AT THE END OF PARAGRAPH (11) AND
INSERTING IN LIEU THEREOF"; AND"; AND
(3) BY ADDING AFTER PARAGRAPH (11) THE FOLLOWING NEW PARAGRAPH:
"(12) THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE, SUBJECT
TO THE STANDARDS AND PROCEDURES PRESCRIBED BY THIS CHAPTER, MAY
PLACE ONE ADDITONAL POSITION IN THE OFFICE FOR THE BLIND AND
VISUALLY HANDICAPPED OF THE REHABILITATION SERVICES ADMINISTRATION
IN GS-16, GS-17, OR GS-18.". //5 USC 5332 NOTE.//
(C) IN SELECTING PERSONNEL TO FILL ANY POSITION UNDER THIS SECTION,
THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE SHALL GIVE PREFERENCE TO
BLIND INDIVIDUALS. //29 USC 702 NOTE.//
(D) SECTION 4(B) OF THE RANDOLPH-SHEPPARD ACT, //ANTE, P. 1626.// AS
REDESIGNATED BY SECTION 206 OF THIS TITLE, IS AMENDED BY STRIKING OUT ",
AND AT LEAST 50 PER CENTUM OF SUCH ADDITIONAL PERSONNEL SHALL BE BLIND
PERSONS".
ADDITIONAL STAFF RESPONSIBILITIES
SEC. 209. //20 USC 107B-1.// IN ADDITION TO OTHER REQUIREMENTS
IMPOSED IN THIS TITLE AND IN THE RANDOLPH-SHEPPARD ACT //20 USC 107.//
UPON STATE LICENSING AGENCIES, SUCH AGENCIES SHALL--,
(1) PROVIDE TO EACH BLIND LICENSEE ACCESS TO ALL RELEVANT
FINANCIAL DATA, INCLUDING QUARTERLY AND ANNUAL FINANCIAL REPORTS,
ON THE OPERATION OF THE STATE VENDING FACILITY PROGRAM;
(2) CONDUCT THE BIENNIAL ELECTION OF A COMMITTEE OF BLIND
VENDORS WHO SHALL BE FULLY REPRESENTATIVE OF ALL BLIND LICENSEES
IN THE STATE PROGRAM, AND
(3) INSURE THAT SUCH COMMITTEE'S RESPONSIBLITIES INCLUDE (A)
PARTICIPATION, WITH THE STATE AGENCY, IN MAJOR ADMINISTRATIVE
DECISIONS AND POLICY AND PROGRAM DEVELOPMENT, (B) RECEIVING
GRIEVANCES OF BLIND LICENSEES AND SERVING AS ADVOCATES FOR SUCH
LICENSEES, (C) PARTICIPATION, WITH THE STATE AGENCY, IN THE
DEVELOPMENT AND ADMINISTRATION OF A TRANSFER AND PROMOTION SYSTEM
FOR BLIND LICENSEES, (D) PARTICIPATION, WITH THE STATE AGENCY, IN
DEVELOPING TRAINING AND RETRAINING PROGRAMS, AND (E) SPONSORSHIP,
WITH THE ASSISTANCE OF THE STATE AGENCY, OF MEETINGS AND
INSTRUCTIONAL CONFERENCES FOR BLIND LICENSEES.
STANDARDS, STUDIES, AND REPORTS
SEC. 210. //20 USC 107B-2.// (A) THE SECRETARY, THROUGH THE
COMMISSIONER, AFTER A PERIOD OF STUDY NOT TO EXCEED SIX MONTHS FOLLOWING
THE DATE OF ENACTMENT OF THIS TITLE, AND AFTER FULL CONSULTATION WITH,
AND FULL CONSIDERATION OF THE VIEWS OF, BLIND VENDORS AND STATE
LICENSING AGENCIES, SHALL PROMULGATE NATIONAL STANDARDS FOR FUNDS SET
ASIDE PURSUANT TO SECTION 3(3) OF THE RANDOLPH-SHEPPARD ACT //ANTE, P.
1625.// WHICH INCLUDE MAXIMUM AND MINIMUM AMOUNTS FOR SUCH FUNDS, AND
APPROPRIATE CONTRIBUTIONS, IF ANY, TO SUCH FUNDS BY BLIND VENDORS.
(B)(1) THE SECRETARY SHALL STUDY THE FEASIBILITY AND DESIRABILITY OF
ESTABLISHING A NATIONALLY ADMINISTERED RETIREMENT, PENSION, AND HEALTH
INSURANCE SYSTEM FOR BLIND LICENSEES, AND SUCH STUDY SHALL INCLUDE, BUT
NOT BE LIMITED TO, CONSIDERATION OF ELIGIBLITY STANDARDS, AMOUNTS AND
SOURCES OF CONTRIBUTIONS, NUMBER OF POTENTIAL PARTICIPANTS, TOTAL COSTS,
AND ALTERNATIVE FORMS OF ADMINSTRATION, INCLUDING TRUST FUNDS AND
REVOLVING FUNDS.
(2) THE SECRETARY SHALL, WITHIN ONE YEAR FOLLOWING THE DATE OF
ENACTMENT OF THIS TITLE, COMPLETE THE STUDY REQUIRED BY PARAGRAPH (1) OF
THIS SUBSECTION AND REPORT HIS FINDINGS, TOGETHER WITH ANY
RECOMMENDATIONS, TO THE PRESIDENT AND THE CONGRESS.
(C) THE SECRETARY SHALL, NOT LATER THAN SEPTEMBER 30, 1975, COMPLETE
AN EVALUATION OF THE METHOD OF ASSIGNING VENDING MACHINE INCOME UNDER
SECTION 7(B)(1) OF THE RANDOLPH-SHEPPARD ACT, //ANTE, P. 1627.//
INCLUDING ITS EFFECT ON THE GROWTH OF THE PROGRAM AUTHORIZED BY THE ACT,
AND ON THE OPERATION OF NONAPPROPRIATED FUND ACTIVITIES, AND WITHIN
THIRTY DAYS THEREAFTER HE SHALL REPORT HIS FINDINGS, TOGETHER WITH ANY
RECOMMENDATIONS, TO THE APPROPRIATE COMMITTEES OF THE CONGRESS.
(D) EACH STATE LICENSING AGENCY SHALL, WITHIN ONE YEAR FOLLOWING THE
DATE OF ENACTMENT OF THIS TITLE, SUBMIT TO THE SECRETARY A REPORT, WITH
APPROPRIATE SUPPORTING DOCUMENTATION, WHICH SHOWS THE ACTIONS TAKEN BY
SUCH AGENCY TO MEET THE REQUIREMENTS OF SECTION 2(A)(1) OF THE
RANDOLPH-SHEPPARD ACT. //ANTE P. 1623.//
AUDIT
SEC. 211. //2/ USC 107B-3.// THE COMPTROLLER GENERAL IS AUTHORIZED
TO CONDUCT REGULAR AND PERIODIC AUDITS OF ALL NONAPPROPRIATED FUND
ACTIVITIES WHICH RECEIVE INCOME FROM VENDING MACHINES ON FEDERAL
PROPERTY, UNDER SUCH RULES AND REGULATIONS AS HE MAY PRESCRIBE. IN THE
CONDUCT OF SUCH AUDITS HE AND HIS DULY AUTHORIZED REPRESENTATIVES SHALL
HAVE ACCESS TO ANY RELEVANT BOOKS, DOCUMENTS, PAPERS, ACCOUNTS, AND
RECORDS OF SUCH ACTIVITIES AS HE DEEMS NECESSARY.
SHORT TITLE
SEC. 300. THIS TITLE MAY BE CITED AS THE "WHITE HOUSE CONFERENCE ON
HANDICAPPED INDIVIDUALS ACT". //29 USC 701 NOTE.//
FINDINGS AND POLICY
SEC. 301. THE CONGRESS FINDS THAT--, //29 USC 701 NOTE.//
(1) THE UNITED STATES HAS ACHIEVED GREAT AND SATISFYING SUCCESS
IN MAKING POSSIBLE A BETTER QUALITY OF LIFE FOR A LARGE AND
INCREASING PERCENTAGE OF OUR POPULATION;
(2) THE BENEFITS AND FUNDAMENTAL RIGHTS OF THIS SOCIETY ARE
OFTEN DENIED THOSE INDIVIDUALS WITH MENTAL AND PHYSICAL HANDICAPS;
(3) THERE ARE SEVEN MILLION CHILDREN AND AT LEAST TWENTY-EIGHT
MILLION ADULTS WITH MENTAL OR PHYSICAL HANDICAPS;
(4) IT IS OF CRITICAL IMPORTANCE TO THIS NATION THAT EQUALITY
OF OPPORTUNITY, EQUAL ACCESS TO ALL ASPECTS OF SOCIETY AND EQUAL
RIGHTS GUARANTEED BY THE CONSTITUTION OF THE UNITED STATES BE
PROVIDED TO ALL INDIVIDUALS WITH HANDICAPS;
(5) THE PRIMARY RESPONSIBILITY FOR MEETING THE CHALLENGE AND
PROBLEMS OF INDIVIDUALS WITH HANDICAPS HAS OFTEN FALLEN ON THE
INDIVIDUAL OR HIS FAMILY;
(6) IT IS ESSENTIAL THAT RECOMMENDATIONS BE MADE TO ASSURE THAT
ALL INDIVIDUALS WITH HANDICAPS ARE ABLE TO LIVE THEIR LIVES
INDEPENDENTLY AND WITH DIGNITY, AND THAT THE COMPLETE INTEGRATION
OF ALL INDIVIDUALS WITH HANDICAPS INTO NORMAL COMMUNITY LIVING,
WORKING, AND SERVICE PATTERNS BE HELD AS THE FINAL OBJECTIVE; AND
(7) ALL LEVELS OF GOVERNMENT MUST NECESSARILY SHARE
RESPONSIBILITY FOR DEVELOPING OPPORTUNITIES FOR INDIVIDUALS WITH
HANDICAPS;
AND IT IS THEREFORE THE POLICY OF THE CONGRESS THAT THE FEDERAL
GOVERNMENT WORK JOINTLY WITH THE STATES AND THEIR CITIZENS TO DEVELOP
RECOMMENDATIONS AND PLANS FOR ACTION IN SOLVING THE MULTIFOLD PROBLEMS
FACING INDIVIDUALS WITH HANDICAPS.
AUTHORITY OF PRESIDENT, COUNCIL, AND SECRETARY
SEC. 302. //29 USC 701 NOTE.// (A) THE PRESIDENT IS AUTHORIZED TO
CALL A WHITE HOUSE CONFERENCE ON HANDICAPPED INDIVIDUALS NOT LATER THAN
TWO YEARS AFTER THE DATE OF ENACTMENT OF THIS TITLE IN ORDER TO DEVELOP
RECOMMENDATIONS AND STIMULATE A NATIONAL ASSESSMENT OF PROBLEMS, AND
SOLUTIONS TO SUCH PROBLEMS, FACING INDIVIDUALS WITH HANDICAPS. SUCH A
CONFERENCE SHALL BE PLANNED AND CONDUCTED UNDER THE DIRECTION OF THE
NATIONAL PLANNING AND ADVISORY COUNCIL, ESTABLISHED PURSUANT TO
SUBSECTION (B) OF THIS SECTION, AND THE SECRETARY OF HEALTH, EDUCATION,
AND WELFARE (HEREINAFTER REFERRED TO AS THE "SECRETARY") AND EACH
FEDERAL DEPARTMENT AND AGENCY SHALL PROVIDE SUCH COOPERATION AND
ASSISTANCE TO THE COUNCIL, INCLUDING THE ASSIGNMENT OF PERSONNEL, AS MAY
RESONABLY BE REQUIRED BY THE SECRETARY.
(B)(1) THERE IS ESTABLISHED A NATIONAL PLANNING AND ADVISORY COUNCIL
(IN THIS TITLE REFERRED TO AS THE "COUNCIL"), APPOINTED BY THE
SECRETARY, COMPOSED OF TWENTY-EIGHT MEMBERS OF WHOM NOT LESS THAN TEN
SHALL BE INDIVIDUALS WITH HANDICAPS APPOINTED TO REPRESENT ALL
INDIVIDUALS WITH HANDICAPS, AND FIVE SHALL BE PARENTS OF INDIVIDUALS
WITH HANDICAPS APPOINTED TO REPRESENT ALL SUCH PARENTS AND INDIVIDUALS.
THE COUNCIL SHALL PROVIDE GUIDANCE AND PLANNING FOR THE CONFERENCE.
(2) ANY MEMBER OF THE COUNCIL WHO IS OTHERWISE EMPLOYED BY THE
FEDERAL GOVERNMENT SHALL SERVE WITHOUT COMPENSATION IN ADDITION TO THAT
RECEIVED IN HIS REGULAR EMPLOYMENT.
(3) MEMBERS OF THE COUNCIL, OTHER THAN THOSE REFERRED TO IN PARAGRAPH
(1), SHALL RECEIVE COMPENSATION AT RATES NOT TO EXCEED THE DAILY RATE
PRESCRIBED FOR GS-18 UNDER SECTION 5332, TITLE 5, UNITED STATES CODE,
//5 USC 5332 NOTE.// FOR EACH DAY THEY ARE ENGAGED IN THE PERFORMANCE OF
THEIR DUTIES (INCLUDING TRAVELTIME); AND, WHILE SO SERVING AWAY FROM
THEIR HOMES OR REGULAR PLACES OF BUSINESS, THEY SHALL BE ALLOWED TRAVEL
EXPENSES, INCLUDING PER DIEM IN LIEU OF SUBSISTENCE, IN THE SAME MANNER
AS THE EXPENSES AUTHORIZED BY SECTION 5703, TITLE 5, UNITED STATES CODE,
FOR PERSONS IN GOVERNMENT SERVICE EMPLOYED INTERMITTENTLY.
(4) SUCH COUNCIL SHALL CEASE TO EXIST ONE-HUNDRED AND TWENTY DAYS
AFTER THE SUBMISSION OF THE FINAL REPORT REQUIRED BY SECTION 302(E).
(C) FOR THE PURPOSE OF ASCERTAINING FACTS AND MAKING RECOMMENDATIONS
CONCERNING THE UTILIZATION OF SKILLS, EXPERIENCE, AND ENERGIES, AND THE
IMPROVEMENT OF THE CONDITIONS OF INDIVIDUALS WITH HANDICAPS, THE
CONFERENCE SHALL BRING TOGETHER INDIVIDUALS WITH HANDICAPS AND MEMBERS
OF THEIR FAMILIES AND REPRESENTATIVES OF FEDERAL, STATE, AND LOCAL
GOVERNMENTS, PROFESSIONAL EXPERTS, AND MEMBERS OF THE GENERAL PUBLIC
RECOGNIZED BY INDIVIDUALS WITH HANDICAPS AS BEING KNOWLEDGEABLE ABOUT
PROBLEMS AFFECTING THEIR LIVES.
(D) PARTICIPANTS IN THE WHITE HOUSE CONFERENCE, AND IN CONFERENCES
AND OTHER ACTIVITIES LEADING UP TO THE WHITE HOUSE CONFERENCE AT THE
LOCAL AND STATE LEVEL ARE AUTHORIZED TO CONSIDER ALL MATTERS RELATED TO
THE PURPOSES OF THE CONFERENCES SET FORTH IN SUBSECTION (A), BUT SHALL
GIVE SPECIAL CONSIDERATION TO RECOMMENDATIONS FOR:
(1) PROVIDING EDUCATION, HEALTH, AND DIAGNOSTIC SERVICES FOR
ALL CHILDREN EARLY IN LIFE SO THAT HANDICAPPING CONDITIONS MAY BE
DISCOVERED AND TREATED;
(2) ASSURING THAT EVERY INDIVIDUAL WITH A HANDICAP RECEIVES
APPROPRIATELY DESIGNED BENEFITS OF THE EDUCATIONAL SYSTEM;
(3) ASSURING THAT INDIVIDUALS WITH HANDICAPS HAVE AVAILABLE TO
THEM ALL SPECIAL SERVICES AND ASSISTANCE WHICH WILL ENABLE THEM TO
LIVE THEIR LIVES AS FULLY AND INDEPENDENTLY AS POSSIBLE;
(4) ENABLING INDIVIDUALS WITH HANDICAPS TO HAVE ACCESS TO
USABLE COMMUNICATION SERVICES AND DEVICES AT COSTS COMPARABLE TO
OTHER MEMBERS OF THE POPULATION;
(5) ASSURING THAT INDIVIDUALS WITH HANDICAPS WILL HAVE MAXIMUM
MOBILITY TO PARTICIPATE IN ALL ASPECTS OF SOCIETY, INCLUDING
ACCESS TO ALL PULBICLY-ASSISTED TRANSPORTATION SERVICES AND, WHEN
NECESSARY, ALTERNATIVE MEANS OF TRANSPORTATION AT COMPARABLE COST;
(6) IMPROVING UTILIZATION AND ADAPTATION OF MODERN ENGINEERING
AND OTHER TECHNOLOGY TO AMELIORATE THE IMPACT OF HANDICAPPING
CONDITIONS ON THE LIVES OF INDIVIDUALS AND ESPECIALLY ON THEIR
ACCESS TO HOUSING AND OTHER STRUCTURES;
(7) ASSURING INDIVIDUALS WITH HANDICAPS OF EQUAL OPPORTUNITY
WITH OTHERS TO ENGAGE IN GAINFUL EMPLOYMENT;
(8) ENABLING INDIVIDUALS WITH HANDICAPS TO HAVE INCOMES
SUFFICIENT FOR HEALTH AND FOR PARTICIPATION IN FAMILY AND
COMMUNITY LIFE AS SELF-RESPECTING CITIZENS;
(9) INCREASING RESEARCH RELATING TO ALL ASPECTS OF HANDICAPPING
CONDITIONS, STRESSING THE ELIMINATION OF CAUSES OF HANDICAPPING
CONDITIONS AND THE AMELIORATION OF THE EFFECTS OF SUCH CONDITIONS;
(10) ASSURING CLOSE ATTENTION AND ASSESSMENT OF ALL ASPECTS OF
DIAGNOSIS AND EVALUATION OF INDIVIDUALS WITH HANDICAPS;
(11) ASSURING REVIEW AND EVALUATION OF ALL GOVERNMENTAL
PROGRAMS IN AREAS AFFECTING INDIVIDUALS WITH HANDICAPS, AND A
CLOSE EXAMINATION OF THE PUBLIC ROLE IN ORDER TO PLAN FOR THE
FUTURE;
(12) RESOLVING THE SPECIAL PROBLEMS OF VETERANS WITH HANDICAPS;
(13) RESOLVING THE PROBLEMS OF PUBLIC AWARENESS AND ATTITUDES
THAT RESTRICT INDIVIDUALS WITH HANDICAPS FOR PARTICIPATING IN
SOCIETY TO THEIR FULLEST EXTENT;
(14) RESOLVING THE SPECIAL PROBLEMS OF INDIVIDUALS WITH
HANDICAPS WHO ARE HOMEBOUND OR INSTITUTIONALIZED;
(15) RESOLVING THE SPECIAL PROBLEMSD OF INDIVIDUALS WITH
HANDICAPS WHO HAVE LIMITED ENGLISH-SPEAKING ABILITY;
(16) ALLOTING FUNDS FOR BASIC VOCATIONAL REHABILITATION
SERVICES UNDER PART B OF TITLE I OF THE REHABILITATION ACT OF 1973
//29 USC 730.// IN A FAIR AND EQUITABLE MANNER IN CONSIDERATION OF
THE FACTORS SET FORTH IN SECTION 407(A) OF SUCH ACT, //29 USC
787.// AND
(17) PROMOTING OTHER RELATED MATTERS FOR INDIVIDUALS WITH
HANDICAPS.
(E) A FINAL REPORT OF THE WHITE HOUSE CONFERENCE ON HANDICAPPED
INDIVIDUALS SHALL BE SUBMITTED BY THE COUNCIL TO THE PRESIDENT NOT LATER
THAN ONE HUNDRED AND TWENTY DAYS FOLLOWING THE DATE ON WHICH THE
CONFERENCE IS CALLED, AND THE FINDINGS AND RECOMMENDATIONS INCLUDED
THEREIN SHALL BE IMMEDIATELY MADE AVAILABLE TO THE PUBLIC. THE COUNCIL
AND THE SECRETARY SHALL, WITHIN NINETY DAYS AFTER THE SUBMISSION OF SUCH
FINAL REPORT, TRANSMIT TO THE PRESIDENT AND THE CONGRESS THEIR
RECOMMENDATIONS FOR ADMINISTRATIVE ACTION AND LEGISLATION NECESSARY TO
IMPLEMENT THE RECOMMENDATIONS CONTAINED IN SUCH REPORT.
RESPONSIBILITIES OF COUNCIL AND SECRETARY
SEC. 303. //29 USC 701 NOTE.// (A) IN CARRYING OUT THE PROVISIONS OF
THIS TITLE, THE COUNCIL AND THE SECRETARY SHALL--,
(1) REQUEST THE COOPERATION AND ASSISTANCE OF SUCH OTHER
FEDERAL DEPARTMENTS AND AGENCIES AS MAY BE APPROPRIATE, INCLUDING
FEDERAL ADVISORY BODIES HAVING RESPONSIBILITIES IN AREAS AFFECTING
INDIVIDUALS WITH HANDICAPS;
(2) RENDER ALL REASONABLE ASSISTANCE, INCLUDING FINANCIAL
ASSISTANCE, TO THE STATES IN ENABLING THEM TO ORGANIZE AND CONDUCT
CONFERENCES ON HANDICAPPED INDIVIDUALS PRIOR TO THE WHITE HOUSE
CONFERENCE ON HANDICAPPED INDIVIDUALS;
(3) PREPARE AND MAKE AVAILABLE NECESSARY BACKGROUND MATERIALS
FOR THE USE OF DELEGATES TO THE WHITE HOUSE CONFERENCE ON
HANDICAPPED INDIVIDUALS;
(4) PREPARE AND DISTRIBUTE SUCH INTERIM REPORTS OF THE WHITE
HOUSE CONFERENCE ON HANDICAPPED INDIVIDUALS AS MAY BE APPROPRIATE;
AND
(5) ENGAGE SUCH INDIVIDUALS WITH HANDICAPS AND ADDITIONAL
PERSONNEL AS MAY BE NECESSARY WITHOUT REGARD TO THE PROVISIONS OF
TITLE 5, UNITED STATES CODE, //5 USC 101 ET SEQ.// GOVERNING
APPOINTMENTS IN THE COMPETITIVE CIVIL SERVICE, AND WITHOUT REGARD
TO CHAPTER 57 AND SUBCHAPTER III OF CHAPTER 53 OF SUCH TITLE //5
USC 5701, 5331.// RELATING TO CLASSIFICATION AND GENERAL SCHEDULE
PAY RATES, BUT AT RATES OF PAY NOT TO EXCEED THE RATE PRESCRIBED
FOR GS-18 UNDER SECTION 5332 OF SUCH TITLE. //5 USC 5332 NOTE.//
(B) IN CARRYING OUT THE PROVISIONS OF THIS TITLE, THE SECRETARY SHALL
EMPLOY INDIVIDUALS WITH HANDICAPS.
DEFINITION
SEC. 304. //29 USC 701 NOTE.// FOR THE PURPOSE OF THIS TITLE, THE
TERM "STATE" INCLUDES THE SEVERAL STATES, THE DISTRICT OF COLUMBIA, THE
COMMONWEALTH OF PUERTO RICO, GUAM, AMERICAN SAMOA, THE VIGIN ISLANDS,
AND THE TRUST TERRITORY OF THE PACIFIC ISLANDS.
STATE PARTICIPATION
SEC. 305. //29 USC 701 NOTE.// (A) FROM THE SUMS APPROPRIATED
PURSUANT TO SECTION 306 THE SECRETARY IS AUTHORIZED TO MAKE A GRANT TO
EACH STATE, UPON APPLICATIONN OF THE CHIEF EXECUTIVE THEREOF, IN ORDER
TO ASSIST IN MEETING THE COSTS OF THAT STATE'S PARTICIPATION IN THE
CONFERENCE PROGRAM, INCLUDING THE CONDUCT OF AT LEAST ONE CONFERENCE
WITHIN EACH SUCH STATE.
(B) GRANTS MADE PURSUANT TO SUBSECTION (A) SHALL BE MADE ONLY WITH
THE APPROVAL OF THE COUNCIL.
(C) FUNDS APPROPRIATED FOR THE PURPOSES OF THIS SUBSECTION SHALL BE
APPORTIONED AMONG THE STATES BY THE SECRETARY IN ACCORDANCE WITH THEIR
RESPECTIVE NEEDS FOR ASSISTANCE UNDER THIS SUBSECTION, EXCEPT THAT NO
STATE SHALL BE APPORTIONED MORE THAN $25,000 NOR LESS THAN $10,000.
AUTHORIZATION OF APPROPRIATIONS
SEC. 306. //29 USC 701 NOTE.// THERE ARE AUTHORIZED TO BE
APPROPRIATED, WITHOUT FISCAL YEAR LIMITATIONS, $2,000,000 TO CARRY OUT
THE PROVISIONS OF THIS TITLE AND SUCH ADDITIONAL SUMS AS MAY BE
NECESSARY TO CARRY OUT SECTION 305. SUMS SO APPROPRIATED SHALL REMAIN
AVAILABLE FOR EXPENDITURE UNTIL JUNE 30, 1977.
LEGISLATIVE HISTORY:
SENATE REPORT NO. 93 - 1297 ACCOMPANYING S. 4194 (COMM. ON LABOR AND
PUBLIC WELFARE).
CONGRESSIONAL RECORD, VOL. 120 (1974):
NOV. 26, CONSIDERED AND PASSED HOUSE AND SENATE.
PUBLIC LAW 93-515, 88 STAT 1612.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED,
SEC. 101. //D.C. CODE 31 - 1801.// THE COMMISSION OF THE DISTRICT OF
COLUMBIA IS AUTHORIZED TO ENTER INTO AND EXECUTE ON BEHALF OF THE
DISTRICT OF COLUMBIA AN AGREEMENT WITH ANY STATE OR STATES LEGALLY
JOINING THEREIN IN THE FORM SUBSTANTIALLY AS FOLLOWS:
"1. THE STATES PARTY TO THIS AGREEMENT, DESIRING BY COMMON ACTION TO
IMPROVE THEIR RESPECTIVE SCHOOL SYSTEMS BY UTILIZING THE TEACHER OR
OTHER PROFESSIONAL EDUCATIONAL PERSON WHEREVER EDUCATED, DECLARE THAT IT
IS THE POLICY OF EACH OF THEM, ON THE BASIS OF COOPERATION WITH ONE
ANOTHER, TO TAKE ADVANTAGE OF THE PREPARATION AND EXPERIENCE OF SUCH
PERSONS WHEREVER GAINED, THEREBY SERVING THE BEST INTERESTS OF SOCIETY,
OF EDUCATION, AND OF THE TEACHING PROFESSION. IT IS THE PURPOSE OF THIS
AGREEMENT TO PROVIDE FOR THE DEVELOPMENT AND EXECUTION OF SUCH PROGRAMS
OF COOPERATION AS WILL FACILITATE THE MOVEMENT OF TEACHERS AND OTHER
PROFESSIONAL EDUCATIONAL PERSONNEL AMONG THE STATES PARTY TO IT, AND TO
AUTHORIZE SPECIFIC INTERSTATE EDUCATIONAL PERSONNEL CONTRACTS TO ACHIEVE
THAT END.
"2. THE PARTY STATES FIND THAT INCLUDED IN THE LARGE MOVEMENT OF
POPULATION AMONG ALL SECTIONS OF THE NATION ARE MANY QUALIFIED
EDUCATIONAL PERSONNEL WHO MOVE FOR FAMILY AND OTHER PERSONAL REASONS BUT
WHO ARE HINDERED IN USING THEIR PROFESSIONAL SKILL AND EXPERIENCE IN
THEIR NEW LOCATIONS. VARIATIONS FROM STATE TO STATE IN REQUIREMENTS FOR
QUALIFYING EDUCATIONAL PERSONNEL DISCOURAGE SUCH PERSONNEL FROM TAKING
THE STEPS NECESSARY TO QUALIFY IN OTHER STATES. AS A CONSEQUENCE, A
SIGNIFICANT NUMBER OF PROFESSIONALLY PREPARED AND EXPERIENCED EDUCATORS
IS LOST TO OUR SCHOOL SYSTEMS. FACILITATING THE EMPLOYMENT OF QUALIFIED
EDUCATIONAL PERSONNEL, WITHOUT REFERENCE TO THEIR STATES OF ORIGIN, CAN
INCREASE THE AVAILABLE EDUCATIONAL RESOURCES. PARTICIPATION IN THIS
AGREEMENT CAN INCREASE THE AVAILABILITY OF EDUCATIONAL MANPOWER.
"AS USED IN THIS AGREEMENT AND CONTRACTS MADE PURSUANT TO IT, UNLESS
THE CONTEXT CLEARLY REQUIRES OTHERWISE:
"1. 'EDUCATIONAL PERSONNEL' MEANS PERSONS WHO MUST MEET REQUIREMENTS
PURSUANT TO STATE LAW AS A CONDITION OF EMPLOYMENT IN EDUCATIONAL
PROGRAMS.
"2. 'DESIGNATED STATE OFFICIAL' MEANS THE EDUCATION OFFICIAL OF A
STATE SELECTED BY THE STATE TO NEGOTIATE AND ENTER INTO, ON BEHALF OF
HIS STATE, CONTRACTS PURSUANT TO THIS AGREEMENT.
"3. 'ACCEPT', OR ANY VARIANT THEREOF, MEANS TO RECOGNIZE AND GIVE
EFFECT TO ONE OR MORE DETERMINATIONS OF ANOTHER STATE RELATING TO THE
QUALIFICATIONS OF EDUCATIONAL PERSONNEL IN LIEU OF MAKING OR REQUIRING A
LIKE DETERMINATION THAT WOULD OTHERWISE BE REQUIRED BY OR PURSUANT TO
THE LAWS OF A RECEIVING STATE.
"4. 'STATE' MEANS A STATE, TERRITORY, OR POSSESSION OF THE UNITED
STATES; THE DISTRICT OF COLUMBIA; OR THE COMMONWEALTH OF PUERTO RICO.
"5. 'ORIGINATING STATE' MEANS A STATE (AND THE SUBDIVISION THEREOF,
IF ANY) WHOSE DETERMINATION THAT CERTAIN EDUCATIONAL PERSONNEL ARE
QUALIFIED TO BE EMPLOYED FOR SPECIFIC DUTIES IN SCHOOLS IS ACCEPTABLE IN
ACCORDANCE WITH THE TERMS OF A CONTRACT MADE PURSUANT TO ARTICLE III.
"6. 'RECEIVING STATE' MEANS A STATE (AND THE SUBDIVISIONS THEREOF)
WHICH ACCEPT EDUCATIONAL PERSONNEL IN ACCORDANCE WITH THE TERMS OF A
CONTRACT MADE PURSUANT TO ARTICLE III.
"1. THE DESIGNATED STATE OFFICIAL OF A PARTY STATE MAY MAKE ONE OR
MORE CONTRACTS ON BEHALF OF HIS STATE WITH ONE OR MORE OTHER PARTY
STATES PROVIDING FOR THE ACCEPTANCE OF EDUCATIONAL PERSONNEL. ANY SUCH
CONTRACT FOR THE PERIOD OF ITS DURATION SHALL BE APPLICABLE TO AND
BINDING ON THE STATES WHOSE DESIGNATED STATE OFFICIALS ENTER INTO IT,
AND THE SUBDIVISIONS OF THOSE STATES, WITH THE SAME FORCE AND EFFECT AS
IF INCORPORATED IN THIS AGREEMENT. A DESIGNATED STATE OFFICIAL MAY
ENTER INTO A CONTRACT PURSUANT TO THIS ARTICLE ONLY WITH STATES IN WHICH
HE FINDS THAT THERE ARE PROGRAMS OF EDUCATION, CERTIFICATION STANDARDS
OR OTHER ACCEPTABLE QUALIFICATIONS THAT ASSURE PREPARATION OR
QUALIFICATION OF EDUCATIONAL PERSONNEL ON BASIS SUFFICIENTLY COMPARABLE,
EVEN THOUGH NOT IDENTICAL TO THAT PREVAILING IN HIS OWN STATE.
"2. ANY SUCH CONTRACT SHALL PROVIDE FOR:
"(A) ITS DURATION.
"(B) THE CRITERIA TO BE APPLIED BY AN ORIGINATING STATE IN QUALIFYING
EDUCATIONAL PERSONNEL FOR ACCEPTANCE BY A RECEIVING STATE.
"(C) SUCH WAIVERS, SUBSTITUTIONS, AND CONDITIONAL ACCEPTANCES AS
SHALL AID THE PRACTICAL EFFECTUATION OF THE CONTRACT WITHOUT SACRIFICE
OF BASIC EDUCATIONAL STANDARDS.
"(D) ANY OTHER NECESSARY MATTERS.
"3. NO CONTRACT MADE PURSUANT TO THIS AGREEMENT SHALL BE FOR A TERM
LONGER THAN FIVE YEARS BY ANY SUCH CONTRRACT MAY BE RENEWED FOR LIKE OR
LESSER PERIODS.
"4. ANY CONTRACT DEALING WITH ACCEPTANCE OF EDUCATIONAL PERSONNEL ON
THE BASIS OF THEIR HAVING COMPLETED AN EDUCATIONAL PROGRAM SHALL SPECIFY
THE EARLIEST DATE OR DATES ON WHICH ORIGINATING STATE APPROVAL OF THE
PROGRAM OR PROGRAMS INVOLVED CAN HAVE OCCURRED. NO CONTRACT MADE
PURSUANT TO THIS AGREEMENT SHALL REQUIRE ACCEPTANCE BY A RECEIVING STATE
OF ANY PERSON QUALIFIED BECAUSE OF SUCCESSFUL COMPLETION OF A PROGRAM
PRIOR TO JANUARY 1, 1954.
"5. THE CERTIFICATION OR OTHER ACCEPTANCE OF A PERSON WHO HAS BEEN
ACCEPTED PURSUANT TO THE TERMS OF A CONTRACT SHALL NOT BE REVOKED OR
OTHERWISE IMPAIRED BECAUSE THE CONTRACT HAS EXPIRED OR BEEN TERMINATED.
HOWEVER, ANY CERTIFICATE OR OTHER QUALIFYING DOCUMENT MAY BE REVOKED OR
SUSPENDED ON ANY GROUND WHICH WOULD BE SUFFICIENT FOR REVOCATION OR
SUSPENSION OF A CERTIFICATE OR OTHER QUALIFYING DOCUMENT INITIALLY
GRANTED OR APPROVED IN THE RECEIVING STATE.
"6. A CONTRACT COMMITTEE COMPOSED OF THE DESIGNATED STATE OFFICIALS
OF THE CONTRACTING STATES OR THEIR REPRESENTATIVES SHALL KEEP THE
CONTRACT UNDER CONTINUOUS REVIEW, STUDY MEANS OF IMPROVING ITS
ADMINISTRATION, AND REPORT NO LESS FREQUENTLY THAN ONCE A YEAR TO THE
HEADS OF THE APPROPRIATE EDUCATION AGENCIES OF THE CONTRACTING STATES.
"1. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED TO REPEAL OR
OTHERWISE MODIFY ANY LAW OR REGULATION OF A PARTY STATE RELATING TO THE
APPROVAL OF PROGRAMS OF EDUCATIONAL PREPARATION HAVING EFFECT SOLELY ON
THE QUALIFICATION OF EDUCATIONAL PERSONNEL WITHIN THAT STATE.
"2. TO THE EXTENT THAT CONTRACTS MADE PURSUANT TO THIS AGREEMENT
DEAL WITH THE EDUCATIONAL REQUIREMENTS FOR THE PROPER QUALIFICATION OF
EDUCATIONAL PERSONNEL, ACCEPTANCE OF A PROGRAM OF EDUCATIONAL
PREPARATION SHALL BE IN ACCORDANCE WITH SUCH PROCEDURES AND REQUIREMENTS
AS MAY BE PROVIDED IN THE APPLICABLE CONTRACT.
"THE PARTY STATES AGREES THAT:
"1. THEY WILL, SO FAR AS PRACTICABLE, PREFER THE MAKING OF
MULTILATERAL CONTRACTS PURSUANT TO ARTICLE III OF THIS AGREEMENT.
"2. THEY WILL FACILITATE AND STRENGTHEN COOPERATION IN INTERSTATE
CERTIFICATION AND OTHER ELEMENTS OF EDUCATIONAL PERSONNEL QUALIFICATION
AND FOR THIS PURPOSE SHALL COOPERATE WITH AGENCIES, ORGANIZATIONS, AND
ASSOCIATIONS INTERESTED IN CERTIFICATION AND OTHER ELEMENTS OF
EDUCATIONAL PERSONNEL QUALIFICATION.
"THE DESIGNATED STATE OFFICIALS OF ANY PARTY STATES MAY MEET FROM
TIME TO TIME AS A GROUP TO EVALUATE PROGRESS UNDER THE AGREEMENT, AND TO
FORMULATE RECOMMENDATIONS FOR CHANGES.
"NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED TO PREVENT OR INHIBIT
OTHER ARRANGEMENTS OR PRACTICES OF ANY PARTY STATE OR STATES TO
FACILITATE THE INTERCHANGE OF EDUCATIONAL PERSONNEL.
"1. THIS AGREEMENT SHALL BECOME EFFECTIVE WHEN ENACTED INTO LAW BY
TWO STATES. THEREAFTER IT SHALL BECOME EFFECTIVE AS TO ANY STATE UPON
ITS ENACTMENT OF THIS AGREEMENT.
"2. ANY PARTY STATE MAY WITHDRAW FROM THIS AGREEMENT BY ENACTING A
STATUTE REPEALING THE SAME, BUT NO SUCH WITHDRAWAL SHALL TAKE EFFECT
UNTIL ONE YEAR AFTER THE GOVERNOR OF THE WITHDRAWING STATE HAS GIVEN
NOTICE IN WRITING OF THE WITHDRAWAL TO THE GOVERNORS OF ALL OTHER PARTY
STATES.
"3. NO WITHDRAWAL SHALL RELIEVE THE WITHDRAWING STATE OF ANY
OBLIGATION IMPOSED UPON IT BY A CONTRACT TO WHICH IT IS A PARTY. THE
DURATION OF CONTRACTS AND THE METHODS AND CONDITIONS OF WITHDRAWAL
THEREFROM SHALL BE THOSE SPECIFIED IN THEIR TERMS.
"THIS AGREEMENT SHALL BE LIBERALLY CONSTRUED SO AS TO EFFECTUATE THE
PURPOSES THEREOF. THE PROVISIONS OF THIS AGREEMENT SHALL BE SEVERABLE
AND IF ANY PHRASE, CLAUSE, SENTENCE, OR PROVISION OF THIS AGREEMENT IS
DECLARED TO BE CONTRARY TO THE CONSTITUTION OF ANY STATE OR OF THE
UNITED STATES, OR THE APPLICATION THEREOF TO ANY GOVERNMENT, AGENCY,
PERSON, OR CIRCUMSTANCE IS HELD INVALID, THE VALIDITY OF THE REMAINDER
OF THIS AGREEMENT AND THE APPLICABILITY THEREOF TO ANY GOVERNMENT,
AGENCY, PERSON, OR CIRCUMSTANCE SHALL NOT BE AFFECTED THEREBY. IF THIS
AGREEMENT SHALL BE HELD CONTRARY TO THE CONSTITUTION OF ANY STATE
PARTICIPATING THEREIN, THE AGREEMENT SHALL REMAIN IN FULL FORCE AND
EFFECT AS TO THE STATE AFFECTED AS TO ALL SEVERABLE MATTERS."
SEC. 102. //D.C. CODE 31 - 1802.// THE "DESIGNATED STATE OFFICIAL"
FOR THE DISTRICT OF COLUMBIA SHALL BE THE SUPERINTENDENT OF SCHOOLS OF
THE DISTRICT OF COLUMBIA. THE SUPERINTENDENT SHALL ENTER INTO CONTRACTS
PURSUANT TO ARTICLE III OF THE AGREEMENT ONLY WITH THE APPROVAL OF THE
SPECIFIC TEXT THEREOF BY THE BOARD OF EDUCATION OF THE DISTRICT OF
COLUMBIA.
SEC. 103. //D.C. CODE 31 - 1803.// TRUE COPIES OF ALL CONTRACTS MADE
ON BEHALF OF THE DISTRICT OF COLUMBIA PURSUANT TO THE AGREEMENT SHALL BE
KEPT ON FILE IN THE OFFICE OF THE BOARD OF EDUCATION OF THE DISTRICT OF
COLUMBIA AND IN THE OFFICE OF THE COMMISSIONER OF THE DISTRICT OF
COLUMBIA. THE SUPERINTENDENT OF SCHOOLS SHALL PUBLISH ALL SUCH
CONTRACTS IN CONVENIENT FORM.
SEC. 104. AS USED IN THE INTERSTATE AGREEMENT ON QUALIFICATION OF
EDUCATIONAL PERSONNEL, THE TERM "GOVERNOR" WHEN USED WITH REFERENCE TO
THE DISTRICT OF COLUMBIA SHALL MEAN THE COMMISSIONER OF THE DISTRICT OF
COLUMBIA.
SEC. 201. THIS TITLE MAY BE CITED AS THE "PRACTICE OF PSYCHOLOGY ACT
AMENDMENTS". //D.C. CODE 2 - 481 NOTE.//
SEC. 202. THE PRACTICE OF PSYCHOLOGY ACT (84 STAT. 1955) IS AMENDED
AS FOLLOWS: //D.C. CODE 2 - 481 NOTE.//
(1) SUBSECTION (C) OF SECTION 13 OF SUCH ACT (D.C. CODE, SEC. 2 - 492
(C)) IS AMENDED TO READ AS FOLLOWS:
"(C) ANY PERSON AGGRIEVED BY A FINAL DECISION OR A FINAL ORDER OF THE
COMMISSIONER UNDER SUBSECTION (B) OF THIS SECTION MAY SEEK REVIEW OF
SUCH DECISION OR ORDER IN THE DISTRICT OF COLUMBIA COURT OF APPEALS IN
ACCORDANCE WITH THE DISTRICT OF COLUMBIA ADMINISTRATIVE PROCEDURE ACT.".
//D.C. CODE 1 - 1501 NOTE.//
(2) SUBSECTION (D) OF SECTION 13 OF SUCH ACT (D.C. CODE, SEC. 2 -
492(D)) IS AMENDED TO READ AS FOLLOWS:
"(D) IN HEARINGS CONDUCTED PURSUANT TO SUBSECTION (B) OF THIS
SECTION, THE COMMISSIONER MAY ADMINISTER OATHS AND AFFIRMATIONS, AND MAY
REQUIRE BY SUBPENA OR OTHERWISE THE ATTENDANCE AND TESTIMONY OF
WITNESSES AND THE PRODUCTION OF SUCH BOOKS, RECORDS, PAPERS, AND
DOCUMENTS AS HE MAY DEEM ADVISABLE IN CARRYING OUT HIS FUNCTIONS UNDER
THIS ACT. IN THE CASE OF CONTUMACY OR REFUSAL TO OBEY ANY SUCH SUBPENA
OR REQUIREMENT OF THIS SUBSECTION, THE COMMISSIONER MAY MAKE APPLICATION
TO THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA FOR AN ORDER REQUIRING
OBEDIENCE THERETO. THEREUPON THE COURT, WITH OR WITHOUT NOTICE AND
HEARING, AS IT IN ITS DISCRETION MAY DECIDE, SHALL MAKE SUCH ORDER AS IS
PROPER AND MAY PUNISH AS CONTEMPT OF COURT ANY FAILURE TO COMPLY WITH
SUCH ORDER.".
(3) SECTION 14 OF SUCH ACT (D.C. CODE, SEC. 2 - 493) IS AMENDED BY
AMENDING THE SECOND SENTENCE TO READ AS FOLLOWS:
"PROSECUTIONS SHALL BE CONDUCTED IN THE NAME OF THE DISTRICT OF
COLUMBIA IN THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA BY THE
CORPORATION COUNSEL OR ANY OF HIS ASSISTANTS.".
(4) SECTION 15 OF SUCH ACT (D.C. CODE, SEC. 2 - 494) IS AMENDED BY
STRIKING OUT "UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA"
AND INSERTING IN LIEU THEREOF "SUPERIOR COURT OF THE DISTRICT OF
COLUMBIA".
(5) SECTION 8 OF THE PRACTICE OF PSYCHOLOGY ACT (84 STAT. 1955),
//D.C. CODE 2 - 487.// IS AMENDED TO READ AS FOLLOWS:
"SEC. 8. (A) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, A
LICENSE SHALL BE ISSUED WITHOUT EXAMINATION TO ANY APPLICANT WHO IS OF
GOOD MORAL CHARACTER, WHO, AT ANY TIME DURING THE TWELVE-MONTH PERIOD
PRECEDING THE EFFECTIVE DATE OF THE PRACTICE OF PSYCHOLOGY ACT, //D.C.
CODE 2 - 481 NOTE.// MAINTAINED A RESIDENCE OR OFFICE, OR PARTICIPATED
IN PSYCHOLOGAL PRACTICE ACCEPTABLE TO THE COMMISSIONERS, IN THE DISTRICT
OF COLUMBIA, AND WHO, WITHIN ONE YEAR AFTER THE EFFECTIVE DATE OF THE
PRACTICE OF PSYCHOLOGY ACT, SUBMITTED AN APPLICATION FOR LICENSE
ACCOMPANIED BY THE REQUIRED FEE, AND WHO--,
"(1) HOLDS A DOCTORAL DEGREE IN PSYCHOLOGY OR FORTY-FIVE CREDIT
HOURS TAKEN SUBSEQUENT TO A BACHELOR'S DEGREE IN COURSES RELATED
TO PSYCHOLOGY, FROM ACCREDITED COLLEGES OR UNIVERSITIES, AND HAS
ENGAGED IN PSYCHOLOGICAL PRACTICE ACCEPTABLE TO THE COMMISSIONER
FOR AT LEAST TWO YEARS PRIOR TO THE FILING OF SUCH APPLICATION
PURSUANT TO THIS ACT;
"(2) HOLDS A MASTER'S DEGREE IN PSYCHOLOGY OR TWENTY-FOUR
CREDIT HOURS TAKEN SUBSEQUENT TO A BACHELOR'S DEGREE IN COURSES
RELATED TO PSYCHOLOGY, FROM ACCREDITED COLLEGES OR UNIVERSITIES,
AND HAS ENGAGED IN PSYCHOLOGICAL PRACTICE ACCEPTABLE TO THE
COMMISSIONER FOR AT LEAST SEVEN YEARS PRIOR TO THE FILING OF SUCH
APPLICATION PURSUANT TO THIS ACT; OR
"(3) PRESENTS EVIDENCE OF COMPLETION OF A CURRICULUM OF STUDY
ACCEPTABLE TO THE COMMISSIONER, TAKEN SUBSEQUENT TO A BACHELOR'S
DEGREE IN PSYCHOLOGY, IN COURSES RELATED TO PSYCHOLOGY FROM AN
INSTITUTION OUTSIDE THE UNITED STATES ACCEPTABLE TO THE
COMMISSIONER, AND HAS ENGAGED IN PSYCHOLOGICAL PRACTICE ACCEPTABLE
TO THE COMMISSIONER FOR AT LEAST SEVEN YEARS PRIOR TO THE FILING
OF SUCH APPLICATION PURSUANT TO THIS ACT.
"(B) FOR PURPOSES OF SUBSECTION (A) OF THIS SECTION, THE TERM--,
"(1) 'COURSES RELATED TO PSYCHOLOGY' MEANS ANY COMBINATION OF
THE FOLLOWING BEHAVIORAL SCIENCE COURSES NOT NECESSARILY IN ONE
DEPARTMENT OF ONE SCHOOL: HUMAN DEVELOPMENT, EDUCATION,
EDUCATIONAL PSYCHOLOGY, GUIDANCE, COUNSELING, GUIDANCE AND
COUNSELING, VOCATIONAL COUNSELING, SCHOOL PSYCHOLOGY, SCHOOL
GUIDANCE, FAMILY COUNSELING, COUNSELING AND PSYCHOTHERAPY, SPECIAL
EDUCATION, LEARNING DISABILITIES, ANTHROPOLOGY, SOCIOLOGY, HUMAN
ECOLOGY, SOCIAL ECOLOGY, REHABILITATION COUNSELING, GROUP
COUNSELING AND PSYCHOTHERAPY, OR ANY SUBSTANTIALLY SIMILAR FIELD
OF STUDY ACCEPTABLE TO THE COMMISSIONER; AND
"(2) 'PSYCHOLOGICAL PRACTICE ACCEPTABLE TO THE COMMISSIONER'
INCLUDES ANY JOB IN WHICH THE JOB TITLE OR DESCRIPTION CONTAINS
ANY TERM ACCEPTABLE TO THE COMMISSIONER, OR ANY OF THE FOLLOWING
TERMS: PSYCHOLOGISTS, PSYCHOTERAPY, GROUP THERAPY, FAMILY
THERAPY, ART THERAPY, ACTIVITY THERAPY, PSYCHOMETRY, MEASUREMENT
AND EVALUATION, PSYCHODIAGNOSIS, PUPIL PERSONNEL SERVICES,
COUNSELING AND GUIDANCE, SPECIAL EDUCATION, REHABILITATION, OR ANY
JOB IN WHICH THE PERSON OR ORGANIZATION WAS RECOGNIZED OR
REIMBURSED UNDER PUBLIC OR PRIVATE HEALTH INSURANCE PROGRAMS BY
REASON OF BEING ENGAGED IN PSYCHOLOGICAL PRACTICE.".
SEC. 203. THE AMENDMENTS MADE BY PARAGRAPHS (1) THROUGH (4) OF
SECTION 202 OF THIS TITLE SHALL TAKE EFFECT WITH RESPECT TO PETITIONS
FILED AFTER THE DATE OF THE ENACTMENT OF THIS TITLE FOR REVIEW OF
DECISIONS OR ORDERS. //D.C. CODE 2 - 492 NOTE.//
SEC. 301. THE DISTRICT OF COLUMBIA UNEMPLOYMENT COMPENSATION ACT IS
AMENDED AS FOLLOWS: //D.C. CODE 46 - 325.//
(1) SECTION 3(C)(10) OF SUCH ACT (D.C. CODE, SEC. 46 - 303(C)(10)) IS
AMENDED BY STRIKING OUT THE LAST THREE SENTENCES AND INSERTING IN LIEU
THEREOF THE FOLLOWING NEW SENTENCE: "THE EMPLOYER SHALL BE PROMPTLY
NOTIFIED IN WRITING OF THE BOARD'S DENIAL OF HIS APPLICATION OR OF THE
BOARD'S REDETERMINATION. AN EMPLOYER AGGRIEVED BY THE BOARD'S DECISION
MAY SEEK REVIEW OF SUCH DETERMINATION IN THE DISTRICT OF COLUMBIA COURT
OF APPEALS IN ACCORDANCE WITH THE DISTRICT OF COLUMBIA ADMINISTRATIVE
PROCEDURE ACT.". //D.C. CODE 1 - 1501 NOTE.//
(2) SECTION 12 OF SUCH ACT (D.C. CODE, SEC. 46 - 312) IS AMENDED TO
READ AS FOLLOWS:
"SEC. 12. ANY PERSON AGGRIEVED BY THE DECISION OF THE BOARD MAY SEEK
REVIEW OF SUCH DECISION IN THE DISTRICT OF COLUMBIA COURT OF APPEALS IN
ACCORDANCE WITH THE DISTRICT OF COLUMBIA ADMINISTRATIVE PROCEDURE ACT.".
SEC. 302. THE AMENDMENTS MADE BY SECTION 302 OF THIS TITLE SHALL
TAKE EFFECT WITH RESPECT TO PETITIONS FILED AFTER THE DATE OF ENACTMENT
OF THIS TITLE FOR REVIEW OF DECISIONS OR ORDERS. //D.C. CODE 46 - 303
NOTE.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 99 (COMM. ON THE DISTRICT OF COLUMBIA).
SENATE REPORT NO. 93 - 1080 (COMM. ON THE DISTRICT OF COLUMBIA).
CONGRESSIONAL RECORD:
VOL. 119 (1973): APR. 9, CONSIDERED AND PASSED HOUSE.
VOL. 120 (1974): AUG. 12, CONSIDERED AND PASSED SENATE,
AMENDED.
NOV. 20, HOUSE AGREED TO SENATE AMENDMENTS WITH AMENDMENTS.
NOV. 26, SENATE AGREED TO HOUSE AMENDMENTS.
NOV. 26, SENATE AGREED TO HOUSE AMENDMENTS.
PUBLIC LAW 93-514, 88 STAT 1611.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 202 OF THE
ATOMIC ENERGY ACT OF 1954 //42 USC 2252.// IS AMENDED BY DESIGNATING THE
PRESENT TEXT SUBSECTION "A." AND BY ADDING THE FOLLOWING AS SUBSECTION
"B.":
"B. THE MEMBERS OF THE JOINT COMMITTEE WHO ARE MEMBERS OF THE SENATE
AND THE MEMBERS OF THE JOINT COMMITTEE WHO ARE MEMBERS OF THE HOUSE OF
REPRESENTATIVES SHALL, ON OR BEFORE JUNE 30 OF EACH YEAR, REPORT TO
THEIR RESPECTIVE HOUSES ON THE DEVELOPMENT, USE, AND CONTROL OF NUCLEAR
ENERGY FOR THE COMMON DEFENSE AND SECURITY AND FOR PEACEFUL PURPOSES.
EACH REPORT SHALL PROVIDE FACTS AND INFORMATION AVAILABLE TO THE JOINT
COMMITTEE CONCERNING NUCLEAR ENERGY WHICH WILL ASSIST THE APPROPRIATE
COMMITTEES OF THE CONGRESS AND INDIVIDUAL MEMBERS IN THE EXERCISE OF
INFORMED JUDGMENT ON MATTERS OF WEAPONRY; FOREIGN POLICYF DEFENSE;
INTERNATIONAL TRADE; AND IN RESPECT TO THE EXPENDITURE AND APPROPRIATE
OF GOVERNMENT REVENUES. EACH REPORT SHALL BE PRESENTED FORMALLY UNDER
CIRCUMSTANCES WHICH PROVIDE FOR CLARIFICATION AND DISCUSSION BY THE
SENATE AND THE HOUSE OF REPRESENTATIONS OF THE REPORTS SHALL BE MADE TO
THE MAXIMUM EXTENT POSSIBLE IN OPEN SESSIONS AND BY MEANS OF
UNCLASSIFIED WRITTEN MATERIALS.".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1414 ACCOMPANYING H.R. 16074 (JOINT COMM. ON
ATOMIC ENERGY).
SENATE REPORT NO. 93 - 1228 (JOINT COMM. ON ATOMIC ENERGY).
CONGRESSIONAL RECORD, VOL. 120 (1974):
OCT. 9, CONSIDERED AND PASSED SENATE.
NOV. 25, CONSIDERED AND PASSED HOUSE, IN LIEU OF H.R. 16074.
PUBLIC LAW 93-513, 88 STAT 1610
WHEREAS IT IS VITAL TO THE NATIONAL SECURITY TO FACILITATE THE READY
ACCEPTABILITY OF UNITED STATES NUCLEAR POWERED WARSHIPS INTO FRIENDLY
FOREIGN PORTS AND HARBORS; AND
WHEREAS THE ADVENT OF REACTORS HAS LED TO VARIOUS EFFORTS THROUGHOUT
THE WORLD TO DEVELOP AN APPROPRIATE LEGAL REGIME FOR COMPENSATING THOSE
WHO SUSTAIN DAMAGES IN THE EVENT THERE SHOULD BE AN INCIDENT INVOLVING
THE OPERATION OF NUCLEAR REACTORS; AND
WHEREAS THE UNITED STATES HAS BEEN EXERCISING LEADERSHIP IN
DEVELOPING LEGISLATIVE MEASURES DESIGNED TO ASSURE PROMPT AND EQUITABLE
COMPENSATION IN THE EVENT A NUCLEAR INCIDENT SHOULD ARISE OUT OF THE
OPERATION OF A NUCLEAR REACTOR BY THE UNITED STATES AS IS EVIDENCED IN
PARTICULAR BY SECTION 170 OF THE ATOMIC ENERGY ACT OF 1954, AS AMENDED;
//42 USC 2210.// AND
WHEREAS SOME FORM OF ASSURANCE AS TO THE PROMPT AVAILABILITY OF
COMPENSATION FOR DAMAGE IN THE UNLIKELY EVENT OF A NUCLEAR INCIDENT
INVOLVING THE NUCLEAR REACTOR OF A UNITED STATES WARSHIP WOULD, IN
CONJUNCTION WITH THE UNPARALLELED SAFETY RECORD THAT HAS BEEN ACHIEVED
BY UNITED STATES NUCLEAR POWERED WARSHIPS IN THEIR OPERATION THROUGHOUT
THE WORLD, FURTHER THE EFFECTIVENESS OF SUCH WARSHIPS: NOW, THEREFORE,
BE IT
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, //42 USC 2211.// THAT IT IS THE
POLICY OF THE UNITED STATES THAT IT WILL PAY CLAIMS OR JUDGMENTS FOR
BODILY INJURY, DEATH, OR DAMAGE TO OR LOSS OF REAL OR PERSONAL PROPERTY
PROVEN TO HAVE RESULTED FROM A NUCLEAR INCIDENT INVOLVING THE NUCLEAR
REACTOR OF A UNITED STATES WARSHIP: PROVIDED, THAT THE INJURY, DEATH,
DAMAGE, OR LOSS WAS NOT CAUSED BY THE ACT OF AN ARMED FORCE ENGAGED IN
COMBAT OR AS A RESULT OF CIVIL INSURRECTION. THE PRESIDENT MAY
AUTHORIZE, UNDER SUCH TERMS AND CONDITIONS AS HE MAY DIRECT, THE PAYMENT
OF SUCH CLAIMS OR JUDGMENTS FROM ANY CONTINGENCY FUNDS AVAILABLE TO THE
GOVERNMENT OR MAY CERTIFY SUCH CLAIMS OR JUDGMENTS TO THE CONGRESS FOR
APPROPRIATION OF THE NECESSARY FUNDS.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1467 ACCOMPANYING H.J. RES. 1161 (JOINT COMM.
ON ATOMIC ENERGY).
SENATE REPORT NO. 93 - 1281 (JOINT COMM. ON ATOMIC ENERGY).
CONGRESSIONAL RECORD, VOL. 120 (1974):
NOV. 21, CONSIDERED AND PASSED SENATE.
NOV. 25, CONSIDERED AND PASSED HOUSE, IN LIEU OF H.J. RES.
1161.
PUBLIC LAW 93-512, 88 STAT 1609.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 455 OF
TITLE 28, UNITED STATES CODE, IS AMENDED TO READ AS FOLLOWS:
REFEREE IN
BANKRUPTCY
"(A) ANY JUSTICE, JUDGE, MAGISTRATE, OR REFEREE IN BANKRUPTCY OF THE
UNITED STATES SHALL DISQUALIFY HIMSELF IN ANY PROCEEDING IN WHICH HIS
IMPARTIALITY MIGHT REASONABLY BE QUESTIONED.
"(B) HE SHALL ALSO DISQUALIFY HIMSELF IN THE FOLLOWING CIRCUMSTANCES:
"(1) WHERE HE HAS A PERSONAL BIAS OR PREJUDICE CONCERNING A
PARTY, OR PERSONAL KNOWLEDGE OF DISPUTED EVIDENTIARY FACTS
CONCERNING THE PROCEEDING;
"(2) WHERE IN PRIVATE PRACTICE HE SERVED AS LAWYER IN THE
MATTER IN CONTROVERSY, OR A LAWYER WITH WHOM HE PREVIOUSLY
PRACTICED LAW SERVED DURING SUCH ASSOCIATION AS A LAWYER
CONCERNING THE MATTER, OR THE JUDGE OR SUCH HAS BEEN A MATERIAL
WITNESS CONCERNING IT;
"(3) WHERE HE HAS SERVED IN GOVERNMENTAL EMPLOYMENT AND IN SUCH
CAPACITY PARTICIPATED AS COUNSEL, ADVISOR OR MATERIAL WITNESS
CONCERNING THE PROCEEDING OR EXPRESSED AN OPINION CONCERNING THE
MERITS OF THE PARTICULAR CASE IN CONTROVERSY;
"(4) HE KNOWS THAT HE, INDIVIDUALLY OR AS A FIDUCIARY, OR HIS
SPOUSE OR MINOR CHILD RESIDING IN HIS HOUSEHOLD, HAS A FINANCIAL
INTEREST IN THE SUBJECT MATTER IN CONTROVERSY OR IN A PARTY TO THE
PROCEEDING, OR ANY OTHER INTEREST THAT COULD BE SUBSTANTIALLY
AFFECTED BY THE OUTCOME OF THE PROCEEDING;
"(5) HE OR HIS SPOUSE, OR A PERSON WITHIN THE THIRD DEGREE OF
RELATIONSHIP TO EITHER OF THEM, OR THE SPOUSE OF SUCH A PERSON:
"(I) IS A PARTY TO THE PROCEEDING, OR AN OFFICER, DIRECTOR, OR
TRUSTEE OF A PARTY;
"(II) IS ACTING AS A LAWYER IN THE PROCEEDING;
"(III) IS KNOWN BY THE JUDGE TO HAVE AN INTEREST THAT COULD BE
SUBSTANTIALLY AFFECTED BY THE OUTCOME OF THE PROCEEDING;
"(IV) IS TO THE JUDGE'S KNOWLEDGE LIKELY TO BE A MATERIAL
WITNESS IN THE PROCEEDING.
"(C) A JUDGE SHOULD INFORM HIMSELF ABOUT HIS PERSONAL AND FIDUCIARY
FINANCIAL INTERESTS, AND MAKE A REASONABLE EFFORT TO INFORM HIMSELF
ABOUT THE PERSONAL FINANCIAL INTERESTS OF HIS SPOUSE AND MINOR CHILDREN
RESIDING IN HIS HOUSEHOLD.
"(D) FOR THE PURPOSES OF THIS SECTION THE FOLLOWING WORDS OR PHRASES
SHALL HAVE THE MEANING INDICATED:
"(1) 'PROCEEDING' INCLUDES PRETRIAL, TRIAL, APPELLATE REVIEW,
OR OTHER STATES OF LITIGATION;
"(2) THE DEGREE OF RELATIONSHIP IS CALCULATED ACCORDING TO THE
CIVIL LAW SYSTEM;
"(3 'FIDUCIARY' INCLUDES SUCH RELATIONSHIPS AS EXECUTOR,
ADMINISTRATOR, TRUSTEE, AND GUARDIAN;
"(4) 'FINANCIAL INTEREST' MEANS OWNERSHIP OF A LEGAL OR
EQUITABLE INTEREST, HOWEVER SMALL, OR A RELATIONSHIP AS DIRECTOR,
ADVISER, OR OTHER ACTIVE PARTICIPANT IN THE AFFAIRS OF A PARTY,
EXCEPT THAT:
"(I) OWNERSHIP IN A MUTUAL OR COMMON INVESTMENT FUND THAT HOLDS
SECURITIES IS NOT A 'FINANCIAL INTEREST' IN SUCH SECURITIES UNLESS
THE JUDGE PARTICIPATES IN THE MANAGEMENT OF THE FUND;
"(II) AN OFFICE IN AN EDUCATIONAL, RELIGIOUS, CHARITABLE,
FRATERNAL, OR CIVIC ORGANIZATION IS NOT A 'FINANCIAL INTEREST' IN
SECURITIES HELD BY THE ORGANIZATION;
"(III) THE PROPRIETARY INTEREST OF A POLICYHOLDER IN A MUTUAL
INSURANCE COMPANY, OF A DEPOSITOR IN A MUTUAL SAVINGS ASSOCIATION,
OR A SIMILAR PROPRIETARY INTEREST, IS A 'FINANCIAL INTEREST' IN
THE ORGANIZATION ONLY IF THE OUTCOME OF THE PROCEEDING COULD
SUBSTANTIALLY AFFECT THE VALUE OF THE INTEREST;
"(IV) OWNERSHIP OF GOVERNMENT SECURITIES IS A 'FINANCIAL
INTEREST' IN THE ISSUER ONLY IF THE OUTCOME OF THE PROCEEDING
COULD SUBSTANTIALLY AFFECT THE VALUE OF THE SECURITIES.
"(E) NO JUSTICE, JUDGE, MAGISTRATE, OR REFEREE IN BANKRUPTCY SHALL
ACCEPT FROM THE PARTIES TO THE PROCEEDING A WAIVER OF ANY GROUND FOR
DISQUALIFICATION ENUMERATED IN SUBSECTION (B). WHERE THE GROUND FOR
DISQUALIFICATION ARISES ONLY UNDER SUBSECTION (A), WAIVER MAY BE
ACCEPTED PROVIDED IT IS PRECEDED BY A FULL DISCLOSURE ON THE RECORD OF
THE BASIS FOR DISQUALIFICATION."
SEC. 2. ITEM 455 IN THE ANALYSIS OF CHAPTER 21 OF SUCH TITLE 28 IS
AMENDED TO READ AS FOLLOWS: "DISQUALIFICATION OF JUSTICE, JUDGE,
MAGISTRATE, OR REFEREE IN BANKRUPTCY.".
SEC. 3. THIS ACT SHALL NOT APPLY TO THE TRIAL OF ANY PROCEEDING
COMMENCED PRIOR TO THE DATE OF THIS ACT, NOR TO APPELLATE REVIEW OF ANY
PROCEEDING WHICH WAS FULLY SUBMITTED TO THE REVIEWING COURT PRIOR TO THE
DATE OF THIS ACT. //28 USC 455 NOTE.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1453 (COMM. ON THE JUDICIARY).
SENATE REPORT NO. 93 - 419 (COMM. ON THE JUDICIARY).
CONGRESSIONAL RECORD:
VOL. 119 (1973): OCT. 4, CONSIDERED AND PASSED SENATE.
VOL. 120 (1974): NOV. 18, CONSIDERED AND PASSED HOUSE,
AMENDED.
NOV. 21, SENATE CONCURRED IN HOUSE AMENDMENTS.
PUBLIC LAW 93-511, 88 STAT 1608.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 4(G) (1) OF
THE EMERGENCY PETROLEUM ALLOCATION ACT OF 1973 //15 USC 753.// IS
AMENDED BY STRIKING OUT "FEBRUARY 28, 1975" WHEREVER IT APPEARS, AND
INSERTING IN LIEU THEREOF "AUGUST 31, 1975".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1443 (COMM. ON INTERSTATE AND FOREIGN
COMMERCE).
CONGRESSIONAL RECORD, VOL. 120 (1974):
NOV. 19, CONSIDERED AND PASSED HOUSE.
NOV. 21, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-510, 88 STAT 1604, JOINT FUNDING SIMPLIFICATION ACT OF
1974.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THIS ACT MAY BE
CITED AS THE "JOINT FUNDING SIMPLIFICATION ACT OF 1974". //42 USC 4251
NOTE.//
PURPOSE //42 USC 4251.//
SEC. 2. THE PURPOSE OF THIS ACT IS TO ENABLE STATE AND LOCAL
GOVERNMENTS AND PRIVATE, NONPROFIT ORGANIZATIONS TO USE FEDERAL
ASSISTANCE MORE EFFECTIVELY AND EFFICIENTLY, AND TO ADAPT THAT
ASSISTANCE MORE READILY TO THEIR PARTICULAR NEEDS THROUGH THE WIDER USE
OF PROJECTS DRAWING UPON RESOURCES AVAILABLE FROM MORE THAN ONE FEDERAL
AGENCY, PROGRAM, OR APPROPRIATION. IT IS THE FURTHER PURPOSE OF THIS
ACT TO ENCOURAGE FEDERAL-STATE ARRANGEMENTS UNDER WHICH LOCAL
GOVERNMENTS AND PRIVATE, NONPROFIT ORGANIZATIONS MAY MORE EFFECTIVELY
AND EFFICIENTLY COMBINE STATE AND FEDERAL RESOURCES IN SUPPORT OF
PROJECTS OF COMMON INTEREST TO THE GOVERNMENTS AND ORGANIZATIONS
CONCERNED.
BASIC RESPONSIBILITIES OF THE PRESIDENT AND HEADS OF FEDERAL
AGENCIES //42 USC 4252.//
SEC. 3. (A) THE PRESIDENT SHALL PROMULGATE SUCH REGULATIONS AS MAY
BE NECESSARY OR APPROPRIATE TO ASSURE THAT THIS ACT IS APPLIED BY ALL
FEDERAL AGENCIES IN A CONSISTENT MANNER AND IN ACCORDANCE WITH ITS
PURPOSES. HE MAY, FOR THIS PURPOSE, REQUIRE THAT FEDERAL AGENCIES ADOPT
OR PRESCRIBE PROCEDURES THAT WILL ASSURE THAT APPLICANTS FOR ASSISTANCE
TO PROJECTS FUNDED PURSUANT TO THE PROVISIONS OF THIS ACT MAKE
APPROPRIATE EFFORTS (1) TO SECURE THE VIEWS AND RECOMMENDATIONS OF
NON-FEDERAL AGENCIES THAT MAY BE SIGNIFICANTLY AFFECTED BY SUCH
PROJECTS, AND (2) TO RESOLVE QUESTIONS OF COMMON INTEREST TO THOSE
AGENCIES PRIOR TO SUBMISSION OF ANY APPLICATION.
(B) SUBJECT TO SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, AND
TO OTHER APPLICABLE LAW, THE HEADS OF FEDERAL AGENCIES, BY INTERNAL
AGENCY ORDER OR INTERAGENCY AGREEMENT, MAY TAKE THE FOLLOWING ACTIONS:
(1) IDENTIFICATION OF RELATED PROGRAMS LIKELY TO BE
PARTICULARLY SUITABLE OR APPROPRIATE FOR PROVIDING JOINT SUPPORT
FOR SPECIFIC KINDS OF PROJECTS THEREUNDER.
(2) DEVELOPMENT AND PROMULGATION OF GUIDELINES, MODEL OR
ILLUSTRATIVE PROJECTS, JOINT OR COMMON APPLICATION FORMS, AND
OTHER MATERIAL OR GUIDANCE TO ASSIST IN THE PLANNING AND
DEVELOPMENT OF PROJECTS DRAWING SUPPORT FROM DIFFERENT PROGRAMS.
(3) REVIEW OF ADMINISTRATIVELY ESTABLISHED PROGRAM REQUIREMENTS
IN ORDER TO DETERMINE WHICH OF THOSE REQUIREMENTS MAY IMPEDE JOINT
SUPPORT OF PROJECTS THEREUNDER AND THE EXTENT TO WHICH SUCH
REQUIREMENTS MAY BE MODIFIED, MAKING SUCH MODIFICATIONS WHERE
APPROPRIATE.
(4) ESTABLISHMENT OF COMMON TECHNICAL OR ADMINISTRATIVE RULES
WITH RESEPECT TO RELATED PROGRAMS TO ASSIST IN THE JOINT USE OF
FUNDS IN THE SUPPORT OF SPECIFIC PROJECTS OR CLASSES OF PROJECTS
UNDER SUCH PROGRAMS.
(5) CREATION OF JOINT OR COMMON APPLICATION PROCESSING AND
PROJECT SUPERVISION PROCEDURES OR MECHANISMS INCLUDING PROCEDURES
FOR DESIGNATING LEAD AGENCIES TO ASSUME RESPONSIBILITIES FOR
PROCESSING APPLICATIONS ON BEHALF OF SEVERAL AGENCIES AND FOR
DESIGNATION OF MANAGING AGENCIES TO ASSUME RESPONSIBILITIES FOR
PROJECT SUPERVISION ON BEHALF OF SEVERAL AGENCIES.
(C) THE HEAD OF EACH FEDERAL AGENCY SHALL BE RESPONSIBLE FOR TAKING
ACTIONS, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THAT WILL
FURTHER THE PURPOSE OF THIS ACT WITH RESPECT TO FEDERAL ASSISTANCE
PROGRAMS ADMINISTERED BY HIS AGENCY. EACH FEDERAL AGENCY HEAD SHALL
ALSO CONSULT AND COOPERATE WITH THE HEADS OF OTHER FEDERAL AGENCIES IN
ORDER SIMILARLY TO PROMOTE THE PURPOSES OF THIS ACT WITH RESPECT TO
FEDERAL ASSISTANCE PROGRAMS OF DIFFERENT AGENCIES THAT MAY BE USED
JOINTLY IN SUPPORT OF PROJECTS UNDERTAKEN BY STATE OR LOCAL GOVERNMENTS,
OR PRIVATE, NONPROFIT ORGANIZATIONS.
APPLICATION PROCESSING //42 USC 4253.//
SEC. 4. ACTIONS TAKEN BY FEDERAL AGENCY HEADS PURSUANT TO THIS ACT
THAT RELATE TO THE PROCESSING OF APPLICATIONS OR REQUESTS FOR ASSISTANCE
UNDER TWO OR MORE FEDERAL PROGRAMS IN SUPPORT OF ANY PROJECT SHALL BE
DESIGNED TO ASSURE, SO FAR AS REASONABLY POSSIBLE, THAT (1) ALL REQUIRED
REVIEWS AND APPROVALS ARE HANDLED EXPEDITIOUSLY; (2) FULL ACCOUNT IS
TAKEN OF ANY SPECIAL CONSIDERATIONS OF TIMING THAT ARE MADE KNOW BY THE
APPLICANT THAT WOULD AFFECT THE FEASIBILITY OF A JOINTLY FUNDED PROJECT;
(3) THE APPLICANT IS REQUIRED TO DEAL WITH A MINIMUM NUMBER OF FEDERAL
REPRESENTATIVES, ACTING SEPARATELY OR AS A COMMON BOARD OR PANEL; (4)
THE APPLICANT IS PROMPTLY INFORMED OF DECISIONS WITH RESPECT TO AN
APPLICATION AND OF ANY SPECIAL PROBLEMS OR IMPEDIMENTS THAT MAY AFFECT
THE FEASIBILITY OF FEDERAL PROVISION OF ASSISTANCE ON A JOINT BASIS;
AND (5) THE APPLICANT IS NOT REQUIRED BY REPRESENTATIVES OF ANY ONE
FEDERAL AGENCY OR PROGRAM TO OBTAIN INFORMATION OR ASSURANCES CONCERNING
THE REQUIREMENTS OR ACTIONS OF ANOTHER FEDERAL AGENCY THAT COULD MORE
APPROPRIATELY BE SECURED THROUGH DIRECT COMMUNICATION AMONG THE FEDERAL
AGENCIES INVOLVED.
SPECIAL AUTHORITIES--BASIC CONDITIONS //42 USC 4254.//
SEC. 5. WHERE APPROPRIATE TO FURTHER THE PURPOSES OF THIS ACT, AND
SUBJECT TO THE CONDITIONS PRESCRIBED IN THIS SECTION, HEADS OF FEDERAL
AGENCIES MAY USE THE AUTHORITIES DESCRIBED IN SECTIONS 6, 7, AND 8
(RELATING TO THE ESTABLISHMENT OF UNIFORM TECHNICAL OR ADMINISTRATIVE
REQUIREMENTS, DELEGATION OF POWERS AND RESPONSIBILITIES, AND
ESTABLISHMENT OF JOINT MANAGEMENT FUNDS) WITH RESPECT TO PROJECTS
ASSISTED UNDER MORE THAN ONE FEDERAL ASSISTANCE PROGRAM. THESE
AUTHORITIES SHALL BE EXERCISED ONLY PURSUANT TO REGULATIONS PRESCRIBED
BY THE PRESIDENT. THOSE REGULATIONS SHALL INCLUDE CRITERIA OR
PROCEDURES TO ASSURE THAT THE AUTHORITIES ARE LIMITED IN USE TO PROBLEMS
THAT CANNOT BE ADEQUATELY DEALT WITH THROUGH OTHER ACTIONS PURSUANT TO
THIS ACT OR OTHER APPLICABLE LAW, THAT THEY ARE APPLIED ONLY AS
NECESSARY TO PROMOTE EXPEDITIOUS PROCESSING OF APPLICATIONS OR EFFECTIVE
AND EFFICIENT ADMINISTRATION ON PROJECTS, AND THAT THEY ARE APPLIED IN A
MANNER CONSISTENT WITH THE PROTECTION OF THE FEDERAL INTEREST AND WITH
PROGRAM PURPOSES AND STATUTORY REQUIREMENTS.
ESTABLISHMENT OF UNIFORM TECHNICAL OR ADMINISTRATIVE
REQUIREMENTS //42 USC 4255.//
SEC. 6. (A) IN ORDER TO PROVIDE FOR PROJECTS THAT WOULD OTHERWISE BE
SUBJECT TO VARYING OR CONFLICTING TECHNICAL OR ADMINISTRATIVE RULES AND
PROCEDURES NOT REQUIRED BY LAW, THE HEADS OF FEDERAL AGENCIES MAY ADOPT
UNIFORM PROVISIONS WITH RESPECT TO--,
(1) INCONSISTENT OR CONFLICTING REQUIREMENTS RELATING TO
FINANCIAL ADMINISTRATION OF SUCH PROJECTS, INCLUDING ACCOUNTING,
REPORTING AND AUDITING, AND MAINTAINING SEPARATE BANK ACCOUNTS,
BUT ONLY TO THE EXTENT CONSISTENT WITH THE REQUIREMENTS OF SECTION
8;
(2) INCONSISTENT OR CONFLICTING REQUIREMENTS RELATING TO THE
TIMING OF FEDERAL PAYMENTS FOR SUCH PROJECTS WHERE A SINGLE OR
COMBINED SCHEDULE IS TO BE ESTABLISHED FOR THE PROJECT AS A WHOLE;
(3) INCONSISTENT OR CONFLICTING REQUIREMENTS THAT ASSISTANCE BE
EXTENDED IN THE FORM OF A GRANT RATHER THAN A CONTRACT, OR A
CONTRACT RATHER THAN A GRANT; AND
(4) INCONSISTENT OR CONFLICTING REQUIREMENTS RELATING TO
ACCOUNTABILITY FOR, OR THE DISPOSITION OF, RECORDS, PROPERTY OR
STRUCTURES ACQUIRED OR CONSTRUCTED WITH FEDERAL ASSISTANCE WHERE
COMMON RULES ARE ESTABLISHED FOR THE PROJECT AS A WHOLE.
(B) IN ORDER TO PERMIT PROCESSING OF APPLICATIONS IN ACCORDANCE WITH
THE PURPOSES OF THIS ACT, FEDERAL AGENCY HEADS MAY PROVIDE FOR REVIEW OF
PROPOSALS FOR PROJECTS BY A SINGLE PANEL, BOARD, OR COMMITTEE IN LIEU OF
REVIEW BY SEPARATE PANELS, BOARDS, OR COMMITTEES EXCEPT WHEN SUCH REVIEW
IS SPECIFICALLY REQUIRED LAW.
(C) IN PROMOTING THE MORE EFFECTIVE AND EFFICIENT USE OF FEDERAL
ASSISTANCE RESOURCES, FEDERAL AGENCY HEADS MAY WAIVE REQUIREMENTS THAT A
SINGLE OR SPECIFIC PUBLIC AGENCY BE UTILIZED OR DESIGNATED TO RECEIVE,
SUPERVISE, OR OTHERWISE ADMINISTER A PART OF THE FEDERAL ASSISTANCE
DRAWN UPON BY ANY JOINTLY FUNDED PROJECT TO THE EXTENT THAT
ADMINISTRATION BY ANOTHER PUBLIC AGENCY IS DETERMINED TO BE FULLY
CONSISTENT WITH APPLICABLE STATE OR LOCAL LAW AND WITH THE OBJECTIVES OF
THE FEDERAL ASSISTANCE PROGRAM INVOLVED. THIS AUTHORITY MAY BE
EXERCISED ONLY (1) UPON REQUEST OF THE HEAD OF A UNIT OF GENERAL
GOVERNMENT, WITH RESPECT TO AGENCIES THAT HE CERTIFIES TO BE UNDER HIS
JURISDICTION, OR (2) WITH THE AGREEMENT OF THE SEVERAL STATE OR LOCAL
PUBLIC AGENCIES CONCERNED.
DELEGATION OF POWERS //42 USC 4256.//
SEC. 7. WITH THE APPROVAL OF THE PRESIDENT, AGENCY HEADS MAY
DELEGATE TO OTHER FEDERAL AGENCIES POWERS AND FUNCTIONS RELATING TO THE
SUPERVISION OR ADMINISTRATION OF FEDERAL ASSISTANCE, OR OTHERWISE
ARRANGE FOR OTHER AGENCIES TO PERFORM SUCH ACTIVITIES, WITH RESPECT TO
PROJECTS OR CLASSES OF PROJECTS FUNDED UNDER THE TERMS OF THIS ACT.
DELEGATIONS UNDER THIS SECTION SHALL BE MADE ONLY ON SUCH CONDITIONS AS
MAY BE APPROPRIATE TO ASSURE THAT THE POWERS AND FUNCTIONS DELEGATED ARE
EXERCISED IN FULL CONFORMITY WITH APPLICABLE STATUTORY PROVISIONS AND
POLICIES, AND SHALL NOT RELIEVE AGENCY HEADS OF RESPONSIBILITY FOR THE
PROPER AND EFFICIENT MANAGEMENT OF PROJECTS FUNDED BY THEIR AGENCIES.
FUNDING ARRANGEMENTS AND PROCEDURES //42 USC 4256.//
SEC. 8. (A) IN ORDER TO PROVIDE FOR THE MORE EFFECTIVE
ADMINISTRATION OF FUNDS DRAWN FROM MORE THAN ONE FEDERAL PROGRAM OR
APPROPRIATION IN SUPPORT OF PROJECTS UNDER THIS ACT, THERE MAY BE
ESTABLISHED JOINT MANAGEMENT FUNDS WITH RESPECT TO SUCH PROJECTS. THERE
SHALL BE TRANSFERRED TO THE JOINT MANAGEMENT FUND FROM EACH AFFECTED
PROGRAM OR APPROPRIATION, FROM TIME TO TIME, ITS PROPORTIONATE SHARE OF
AMOUNTS NEEDED FOR PAYMENT TO THE GRANTEE. ANY UNEXPENDED AMOUNTS SHALL
BE RETURNED TO THE JOINT MANAGEMENT FUND BY THE GRANTEE AT THE
COMPLETION OF THE PROJECT.
(B) ANY ACCOUNT IN A JOINT MANAGEMENT FUND SHALL BE SUBJECT TO SUCH
AREEMENTS, NOT INCONSISTENT WITH THIS SECTION AND OTHER APPLICABLE LAW,
AS MAY BE ENTERED INTO BY THE FEDERAL AGENCIES CONCERNED WITH RESPECT TO
THE DISCHARGE OF THE RESPONSIBILITIES OF THOSE AGENCIES AND SHALL ASSURE
THE AVAILABILITY OF NECESSARY INFORMATION TO THOSE AGENCIES AND TO THE
CONGRESS. THESE AGREEMNENTS SHALL ALSO PROVIDE THAT THE AGENCY
ADMINISTERING A JOINT MANAGEMENT FUND SHALL BE RESPONSIBLE AND
ACCOUNTABLE BY PROGRAMS AND APPROPRIATION FOR THE AMOUNTS PROVIDED FOR
THE PURPOSES OF EACH ACCOUNT ESTABLISHED IN THE FUND; AND SHALL INCLUDE
PROCEDURES FOR DETERMINING, FROM TIME TO TIME, WHETHER AMOUNTS IN THE
ACCOUNT ARE IN EXCESS OF THE AMOUNTS REQUIRED, AND FOR RETURNING THAT
EXCESS TO THE PARTICIPATING FEDERAL AGENCIES ACCORDING TO THE APPLICABLE
APPROPRIATIONS, SUBJECT TO FISCAL YEAR LIMITATIONS. EXCESS AMOUNTS
APPLICABLE TO EXPIRED APPROPRIATIONS WILL BE LAPSED FROM THAT FUND.
(C) FOR EACH PROJECT FINANCED THROUGH AN ACCOUNT IN A JOINT
MANAGEMENT FUND ESTABLISHED PURSUANT TO THIS SECTION, THE RECIPIENTS OF
MONEYS DRAWN FROM THE FUND SHALL KEEP SUCH RECORDS AS THE HEAD OF THE
FEDERAL AGENCY RESPONSIBLE FOR ADMINISTERING THE FUND WILL PRESCRIBE.
SUCH RECORDS SHALL, AS A MINIMUM, FULLY DISCLOSE THE AMOUNT AND
DISPOSITION BY SUCH RECIPIENT OF FEDERAL ASSISTANCE RECEIVED UNDER EACH
PROGRAM AND APPROPRIATION, THE TOTAL COST OF THE PROJECT IN CONNECTION
WITH WHICH SUCH FEDERAL ASSISTANCE WAS GIVEN OR USED, THE AMOUNT OF THAT
PORTION OF THE COST OF THE PROJECT SUPPLIED BY OTHER SOURCES, AND SUCH
OTHER RECORDS AS WILL FACILITATE AN EFFECTIVE AUDIT.
(D) THE HEAD OF THE FEDERAL AGENCY RESPONSIBLE FOR ADMINISTERING SUCH
JOINT MANAGEMENT FUND AND THE COMPTROLLER GENERAL OF THE UNITED STATES
OR ANY OF THEIR DULY AUTHORIZED REPRESENTATIVES, SHALL HAVE ACCESS FOR
THE PURPOSE OF AUDIT AND EXAMINATION TO ANY BOOKS, DOCUMENTS, PAPERS,
AND RECORDS OF SUCH RECIPIENTS THAT ARE PERTINENT TO THE MONEYS RECEIVED
FROM SUCH FUND.
(E) IN THE CASE OF ANY PROJECT COVERED IN A JOINT MANAGEMENT FUND, A
SINGLE NON-FEDERAL SHARE MAY BE ESTABLISHED ACCORDING TO THE FEDERAL
SHARE RATIOS APPLICABLE TO THE SEVERAL FEDERAL ASSISTANCE PROGRAMS
INVOLVED AND THE PROPORTION OF FUNDS TRANSFERRED TO THE PROJECT ACCOUNT
FROM EACH OF THOSE PROGRAMS.
AUXILIARY PROVISIONS //42 USC 4258.//
SEC. 9. APPROPRIATIONS AVAILABLE TO ANY FEDERAL ASSISTANCE PROGRAM
FOR TECHNICAL ASSISTANCE OR THE TRAINING OF PERSONNEL MAY BE MADE
AVAILABLE FOR THE PROVISION OF TECHNICAL ASSISTANCE AND TRAINING IN
CONNECTION WITH PROJECTS PROPOSED OR APPROVED FOR JOINT FUNDING
INVOLVING THAT PROGRAM AND ANY OTHER FEDERAL ASSISTANCE PROGRAM.
FEDERAL-STATE ASSISTANCE AND AGREEMENTS //42 USC 4259.//
SEC. 10. SUBJECT TO SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE,
FEDERAL AGENCIES MAY ENTER INTO AGREEMENTS WITH STATES AS APPROPRIATE TO
EXTEND THE BENEFITS OF THIS ACT TO PROJECTS INVOLVING ASSISTANCE FROM
ONE OR MORE FEDERAL AGENCIES AND ONE OR MORE STATE AGENCIES. THESE
AGREEMENTS MAY INCLUDE ARRANGEMENTS FOR THE PROCESSING OF REQUESTS FOR,
OR THE ADMINISTRATION OF, ASSISTANCE TO SUCH PROJECTS ON A JOINT BASIS.
REPORTING //42 USC 4260.//
SEC. 11. AT LEAST ONE YEAR PRIOR TO THE EXPIRATION OF THIS ACT, THE
PRESIDENT SHALL SUBMIT A COMPREHENSIVE REPORT TO THE CONGRESS ON ACTIONS
TAKEN UNDER THIS ACT, AND MAKE RECOMMENDATIONS FOR ITS CONTINUATION,
MODIFICATION, OR TERMINATION. THE REPORT SHALL PROVIDE A DETAILED
EVALUATION OF THE FUNCTIONING OF THIS ACT, INCLUDING INFORMATION
REGARDING THE BENEFITS AND COSTS OF JOINTLY FUNDED PROJECTS ACCRUING TO
THE PARTICIPATING STATE AND LOCAL GOVERNMENTS AND PRIVATE, NONPROFIT
ORGANIZATIONS, AND TO THE FEDERAL GOVERNMENT.
DEFINITIONS //42 USC 4261.//
SEC. 12. AS USED IN THIS ACT--,
(1) THE TERM "FEDERAL ASSISTANCE PROGRAMS" MEANS PROGRAMS THAT
PROVIDE ASSISTANCE THROUGH GRANT OR CONTRACTUAL ARRANGEMENTS, BUT
DOES NOT INCLUDE ASSISTANCE IN THE FORM OF REVENUE SHARING, LOANS,
LOAN GUARANTEES, OR INSURANCE;
(2) THE TERM "APPLICANT" MEANS ANY STATE OR LOCAL GOVERNMENT OR
PRIVATE, NONPROFIT ORGANIZATION ACTING SEPARATELY OR TOGETHER IN
SEEKING ASSISTANCE WITH RESPECT TO A SINGLE PROJECT;
(3) THE TERM "PROJECT" MEANS ANY UNDERTAKING, WHETHER OF A
TEMPORARY OR CONTINUING NATURE THAT INCLUDES COMPONENTS PROPOSED
OR APPROVED FOR ASSISTANCE UNDER MORE THAN ONE FEDERAL PROGRAMS,
OR ONE OR MORE FEDERAL AND ONE OR MORE STATE PROGRAMS, IF EACH OF
THOSE COMPONENTS CONTRIBUTES MATERIALLY TO THE ACCOMPLISHMENT OF A
SINGLE PURPOSE OR CLOSELY RELATED PURPOSES;
(4) THE TERM "FEDERAL AGENCY" MEANS ANY AGENCY, DEPARTMENT,
CORPORATION, INDEPENDENT ESTABLISHMENT, OR OTHER ENTITY OF THE
EXECUTIVE BRANCH OF THE GOVERNMENT OF THE UNITED STATES;
(5) THE TERM "STATE" MEANS ANY OF THE SEVERAL STATES OF THE
UNITED STATES, THE DISTRICT OF COLUMBIA, THE COMMONWEALTH OF
PUERTO RICO, ANY TERRITORY OR POSSESSION OF THE UNITED STATES, OR
ANY AGENCY OR INSTRUMENTALITY OF A STATE, AND ANY TRIBE AS DEFINED
IN SECTION 3(C) OF THE INDIAN FINANCING ACT (88 STAT. 77) //25 USC
1452.//;
(6) THE TERM "LOCAL GOVERNMENT" MEANS A LOCAL UNIT OF
GOVERNMENT INCLUDING A CITY, COUNTY, PARISH, TOWN, TOWNSHIP,
VILLAGE, SCHOOL DISTRICT, COUNCIL OF GOVERNMENTS, OR OTHER AGENCY
OR INSTRUMENTALITY OF A LOCAL UNIT OF GOVERNMENT.
EFFECTIVE DATE AND EXPIRATION
SEC. 13. THIS ACT SHALL BECOME EFFECTIVE SIXTY DAYS FOLLOWING THE
DATE OF ENACTMENT, AND SHALL EXPIRE FIVE YEARS FOLLOWING THE DATE UPON
WHICH IT BECOMES EFFECTIVE; EXCEPT THAT THE EXPIRATION OF THIS ACT
SHALL NOT AFFECT THE STATUS OF ANY PROJECT APPROVED PRIOR TO THE DATE OF
SUCH EXPIRATION. //42 USC 4251 NOTE.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1371 ACCOMPANYING H.R. 16225 (COMM. ON
GOVERNMENT OPERATIONS).
SENATE REPORT NO. 93 - 506 (COMM. ON GOVERNMENT OPERATIONS).
CONGRESSIONAL RECORD:
VOL. 119 (1973): NOV. 19, CONSIDERED AND PASSED SENATE.
VOL. 120 (1974): NOV. 18, CONSIDERED AND PASSED HOUSE,
AMENDED, IN LIEU OF H.R. 16225.
NOV. 21, SENATE CONCURRED IN HOUSE AMENDMENT.
WEEKLY COMPLATION OF PRESIDENTIAL DOCUMENTS:
VOL. 10, NO. 49 (1974): DEC. 5, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-509, 88 STAT 1603, NATIONAL WILDLIFE REFUGE SYSTEM
ADMINISTRATION ACT AMENDMENTS OF 1974.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THIS ACT MAY BE
CITED AS THE "NATIONAL WILDLIFE REFUGE SYSTEM ADMINISTRATION ACT
AMENDMENTS OF 1974".
SEC. 2. SECTION 4(D) OF THE ACT OF OCTOBER 15, 1966 (80 STAT. 928,
16 U.S.C. 668DD(D), IS AMENDED--,
(1) BY STRIKING OUT "(1)" AND "(2)" AND INSERTING IN LIEU
THEREOF
"(A)" AND "(B)", RESPECTIVELY;
(2) BY INSERTING "(1)" IMMEDIATELY AFTER "(D)"; AND
(3) BY ADDING AT THE END THEREOF THE FOLLOWING NEW
PARAGRAPH:
"(2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE SECRETARY OF THE
INTERIOR MAY NOT GRANT TO ANY FEDERAL, STATE, OR LOCAL AGENCY OR TO ANY
PRIVATE INDIVIDUAL OR ORGANIZATION ANY RIGHT-OF-WAY, EASEMENT, OR
RESERVATION IN, OVER, ACROSS, THROUGH, OR UNDER ANY AREA WITHIN THE
SYSTEM IN CONNECTION WITH ANY USE PERMITTED BY HIM UNDER PARAGRAPH (1)(
B) OF THIS SUBSECTION UNLESS THE GRANTEE PAYS TO THE SECRETARY, AT THE
OPTION OF THE SECRETARY, EITHER (A) IN LUMP SUM THE FAIR MARKET VALUE
(DETERMINED BY THE SECRETARY AS OF THE DATE OF CONVEYANCE TO THE
GRANTEE) OF THE RIGHT-OF-WAY, EASEMENT, OR RESERVATION; OR (B) ANNUALLY
IN ADVANCE THE FAIR MARKET RENTAL VALUE (DETERMINED BY THE SECRETARY) OF
THE RIGHT-OF-WAY, EASEMENT, OR RESERVATION. IF ANY FEDERAL, STATE, OR
LOCAL AGENCY IS EXEMPTED FROM SUCH PAYMENT BY ANY OTHER PROVISION OF
FEDERAL LAW, SUCH AGENCY SHALL OTHERWISE COMPENSATE THE SECRETARY BY ANY
OTHER MEANS AGREEABLE TO THE SECRETARY, INCLUDING, BUT NOT LIMITED TO,
MAKING OTHER LAND AVAILABLE OR THE LOAN OF EQUIPMENT OR PERSONNEL;
EXCEPT THAT (A) ANY SUCH COMPENSATION SHALL RELATE TO, AND BE CONSISTENT
WITH, THE OBJECTIVES OF THE NATIONAL WILDLIFE REFUGE SYSTEM, AND (B) THE
SECRETARY MAY WAIVE SUCH REQUIREMENT FOR COMPENSATION IF HE FINDS SUCH
REQUIREMENT IMPRACTICABLE OR UNNECESSARY. ALL SUMS RECEIVED BY THE
SECRETARY OF THE INTERIOR PURSUANT TO THIS PARAGRAPH SHALL, AFTER
PAYMENT OF ANY NECESSARY EXPENSES INCURRED BY HIM IN ADMINISTERING THIS
PARAGRAPH, BE DEPOSITED INTO THE MIGRATORY BIRD CONSERVATION FUND AND
SHALL BE AVAILABLE TO CARRY OUT THE PROVISIONS FOR LAND ACQUISITION OF
THE MIGRATORY BIRD CONSERVATION ACT (16 U.S.C. 715 ET SEQ.) AND THE
MIGRATORY BIRD HUNTING STAMP ACT (16 U.S.C. 718 ET SEQ.).".
SEC. 3. SECTION 4(D)(2) OF THE ACT OF OCTOBER 15,1966 (AS ADDED BY
THIS ACT), //16 USC 668DD NOTE.// SHALL APPLY WITH RESPECT TO ANY
RIGHT-OF-WAY, EASEMENT, OR RESERVATION GRANTED BY THE SECRETARY OF THE
INTERIOR ON OR AFTER THE DATE OF THE ENACTMENT OF THIS ACT, INCLUDING
ANY RIGHT-OF-WAY, EASEMENT, OR RESERVATION GRANTED ON OR AFTER SUCH DATE
IN CONNECTION WITH ANY USE PERMITTED BY HIM PURSUANT TO SECTION 4( D)(2)
OF THE ACT OF OCTOBER 15, 1966 (AS IN EFFECT BEFORE THE DATE OF THE
ENACTMENT OF THIS ACT).
SEC. 4. THAT SECTION 401(E) OF THE ACT OF JANUARY 15, 1935 (16 U.S.
C. 715S(E)), IS AMENDED TO READ AS FOLLOWS:
"(E) ANY MONEYS REMAINING IN THE FUND AFTER ALL PAYMENTS UNDER THIS
SECTION ARE MADE FOR ANY FISCAL YEAR SHALL BE TRANSFERRED TO THE
MIGRATORY BIRD CONSERVATION FUND AND SHALL BE AVAILABLE FOR LAND
ACQUISITION UNDER THE PROVISIONS OF THE MIGRATORY BIRD CONSERVATION ACT
(16 U.S.C. 715 ET SEQ.); EXCEPT THAT THE FUNDS AVAILABLE FOR THE
MANAGEMENT OF THE NATIONAL WILDLIFE REFUGE SYSTEM OR FOR ENFORCEMENT OF
THE MIGRATORY BIRD TREATY ACT //16 USC 710.// SHALL NOT BE DIMINISHED BY
THE AMENDMENTS MADE TO THIS SUBSECTION BY THE NATIONAL WILDLIFE REFUGE
SYSTEM ADMINISTRATION ACT AMENDMENTS OF 1974, UNLESS BY SPECIFIC ACT OF
CONGRESS.".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 754 ACCOMPANYING H.R. 11541 WHICH WAS VETOED
OCT. 22, 1974 (COMM. ON MERCHANT MARINE AND FISHERIES).
CONGRESSIONAL RECORD, VOL. 120 (1974):
NOV. 19, CONSIDERED AND PASSED HOUSE.
NOV. 21, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-508, 88 STAT 1578, VIETNAM ERA VETERAN'S READJUSTMENT
ASSISTANCE ACT OF 1974.
AND EXPAND THE SPECIAL
PROGRAMS FOR EDUCATIONALLY
DISADVANTAGED VETERANS AND SERVICEMEN UNDER CHAPTER 34
OF SUCH TITLE; TO
IMPROVE AND EXPAND THE VETERAN-STUDENT SERVICES
PROGRAM;
TO ESTABLISH AN
EDUCATION LOAN PROGRAMS FOR VETERANS AND PERSONS
ELIGIBLE FOR BENEFITS UNDER
CHAPTER 34 OR 35 OF SUCH TITLE; TO MAKE OTHER
IMPROVEMENTS IN THE EDUCATIONAL
ASSISTANCE PROGRAM AND IN THE ADMINISTRATION OF
EDUCATIONAL BENEFITS; TO
PROMOTE THE EMPLOYMENT OF VETERANS AND THE WIVES AND
WIDOWS OF CERTAIN
VETERANS BY IMPROVING AND EXPANDING THE PROVISIONS
GOVERNING THE OPERATION
OF THE VETERANS EMPLOYMENT SERVICE, BY INCREASING THE
EMPLOYMENT OF VETERANS
BY FEDERAL CONTRACTORS AND SUBCONTRACTORS, AND BY
PROVIDING FOR AN ACTION
PLAN FOR THE EMPLOYMENT OF DISABLED AND VIETNAM ERA
VETERANS WITHIN THE
FEDERAL GOVERNMENT; TO CODIFY AND EXPAND VETERANS
REEMPLOYMENT RIGHTS; AND
FOR OTHER PURPOSES.
BE IT ENACTED BY THE SENATE AND HOUSE REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THIS ACT MAY BE CITED AS
THE "VIETNAM ERA VETERANS' READJUSTMENT ASSISTANCE ACT OF 1974". //38
USC 1501 NOTE.//
SEC. 101. CHAPTER 31 OF TITLE 38, UNITED STATES CODE, IS AMENDED AS
FOLLOWS:
(1) BY INSERTING IN SECTION 1501(2) //38 USC 1501.// A COMMA
AND "ALL APPROPRIATE INDIVIDUALIZED TUTORIAL ASSISTANCE," AFTER
"COUNSELING";
(2) BY STRIKING OUT IN SECTION 1502(A) //38 USC 1502.// ALL
AFTER "IF SUCH DISABILITY" AND INSERTING IN LIEU THEREOF "AROSE
OUT OF SERVICE DURING WORLD WAR II OR THEREAFTER."; AND
(3) BY AMENDING THE TABLE CONTAINED IN SECTION 1504(B) //38 USC
1504.// TO READ AS FOLLOWS: (TABLE OMITTED 88 STAT 1579)
SEC. 102. CHAPTER 34 OF TITLE 38, UNITED STATES CODE, IS AMENDED AS
FOLLOWS:
(1) BY STRIKING OUT IN THE LAST SENTENCE OF SECTION 1677(B)
//38 USC 1677.// "$220" AND INSERTING IN LIEU THEREOF "$260";
(2) BY AMENDING THE TABLE CONTAINED IN SECTION 1682(A)(1) //38
USC 1682.// TO READ AS FOLLOWS: (TABLE OMITTED 88 STAT 1579)
(3) BY STRIKING OUT IN SECTION 1682(B) "$220" AND INSERTING IN
LIEU THEREOF "$260";
(4) BY AMENDING THE TABLE CONTAINED IN SECTION 1682(C)(2) TO
READ AS FOLLOWS: (TABLE OMITTED 88 STAT 1579) AND
(5) BY STRIKING OUT IN SECTION 1696(B) //38 USC 1696.// "$220"
AND INSERTING IN LIEU THEREOF "$260".
SEC. 103. CHAPTER 35 OF TITLE 38, UNITED STATES CODE, IS AMENDED AS
FOLLOWS:
(1) BY AMENDING SECTION 1732(A)(1) //38 USC 1732.// TO READ AS
FOLLOWS:
"(A)(1) THE EDUCATIONAL ASSISTANCE ALLOWANCE ON BEHALF OF AN ELIGIBLE
PERSON WHO IS PURSUING A PROGRAM OF EDUCATION CONSISTING OF
INSTITUTIONAL COURSES SHALL BE COMPUTED AT THE RATE PRESCRIBED IN
SECTION 1682(A)(1) OF THIS TITLE FOR FULL-TIME, THREE-QUARTER-TIME, OR
HALF-TIME PURSUIT, AS APPROPRIATE, OF AN INSTITUTIONAL PROGRAM BY AN
ELIGIBLE VETERAN WITH NO DEPENDENTS.";
(2) BY STRIKING OUT IN SECTION 1732(A)(2) ALL AFTER AND
INCLUDING "OF (A)" AND INSERTING IN LIEU THEREOF "PRESCRIBED IN
SECTION 1682(B)(2) OF THIS TITLE FOR LESS-THAN-HALF-TIME PURSUIT
OF AN INSTITUTIONAL PROGRAM BY AN ELIGIBLE VETERAN.";
(3) BY STRIKING OUT IN SECTION 1732(B) "$177" AND INSERTING IN
LIEU THEREOF "$209"; AND
(4) BY AMENDING SECTION 1742(A) //38 USC 1742.// TO READ AS
FOLLOWS:
"(A) WHILE THE ELIGIBLE PERSON IS ENROLLED IN AND PURSUING A
FULL-TIME COURSE OF SPECIAL RESORTATIVE TRAINING, THE PARENT OR GUARDIAN
SHALL BE ENTITLED TO RECEIVE ON BEHALF OF SUCH PERSON A SPECIAL TRAINING
ALLOWANCE COMPUTED AT THE BASIC RATE OF $260 PER MONTH. IF THE CHARGES
FOR TUITION AND FEES APPLICABLE TO ANY SUCH COURSE ARE MORE THAN $82 PER
CALENDAR MONTH, THE BASIC MONTHLY ALLOWANCE MAY BE INCREASED BY THE
AMOUNT THAT SUCH CHARGES EXCEED $82 A MONTH, UPON ELECTION BY THE PARENT
OR GUARDIAN OF THE ELIGIBLE PERSON TO HAVE SUCH PERSON'S PERIOD OF
ENTITLEMENT REDUCED BY ONE DAY FOR EACH $8.69 THAT THE SPECIAL TRAINING
ALLOWANCE PAID EXCEEDS THE BASIC MONTHLY ALLOWANCE.".
SEC. 104. CHAPTER 36 OF TITLE 38, UNITED STATES CODE, AMENDED AS
FOLLOWS:
(1) BY STRIKING OUT IN SECTION 1786(A)(2) //38 USC 1786.//
"$220" AND INSERTING IN LIEU THEREOF "$260";
(2) BY AMENDING THE TABLE CONTAINED IN PARAGRAPH (1) OF SECTION
1787(B) //38 USC 1787.// TO READ AS FOLLOWS: (TABLE OMITTED 88
STAT 1580) AND
(3) BY AMENDING SECTION 1787(B)(2) TO READ AS FOLLOWS:
"(2) THE MONTHLY TRAINING ASSISTANCE ALLOWANCE OF AN ELIGIBLE PERSON
PURSUING A PROGRAM DESCRIBED UNDER SUBSECTION (A) SHALL BE COMPUTED AT
THE RATE PRESCRIBED IN PARAGRAPH (1) OF THIS SUBSECTION FOR AN ELIGIBLE
VETERAN WITH NO DEPENDENTS PURSUING SUCH A COURSE.".
SEC. 105. //38 USC 1780 NOTE.// (A) THE ADMINISTRATOR SHALL CARRY
OUT DIRECTLY A THOROUGH STUDY AND INVESTIGATION OF THE ADMINISTRATIVE
DIFFICULTIES AND OPPORTUNITIES OR ABUSE THAT WOULD BE OCCASIONED BY
ENACTMENT OF SOME FORM OF VARIABLE TUITION ASSISTANCE ALLOWANCE PROGRAM,
WITH REFERENCE TO SUCH DIFFICULTIES AND ABUSES EXPERIENCED BY THE
VETERANS' ADMINISTRATION AFTER THE END OF WORLD WAR II IN CARRYING OUT
THE PROVISIONS OF VETERANS' REGULATION NUMBERED 1(A), RELATING TO THE
PAYMENT OF TUITION AND RELATED EXPENSES FOR VETERANS OF WORLD WAR II
PURSUING A PROGRAM OF EDUCATION OR TRAINING UNDER THE SERVICEMEN'S
READJUSTMENT ACT OF 1944, //58 STAT. 284.// AND TO ANY SUCH DIFFICULTIES
AND ABUSES PRESENTLY BEING EXPERIENCED BY THE VETERANS' ADMINISTRATION
IN CARRYING OUT EXISTING TUITION ASSISTANCE PROGRAMS UNDER TITLE 38,
UNITED STATES CODE, INCLUDING CHAPTER 31 VOCATIONAL REHABILITATION,
CORRESPONDENCE COURSES, FLIGHT TRAINING AND PREP, AND OF WAYS IN WHICH
ANY SUCH DIFFICULTIES AND ABUSES COULD BE AVOIDED OR MINIMIZED THROUGH
LEGISLATIVE OR ADMINISTRATIVE ACTION SO AS TO ENSURE AN EXPEDITIOUS,
ORDERLY, AND EFFECTIVE IMPLEMENTATION OF ANY TUITION ASSISTANCE
ALLOWANCE PROGRAM.
(B) IN CARRYING OUT THE STUDY AND INVESTIGATION REQUIRED BY
SUBSECTION (A), THE ADMINISTRATOR SHALL CONSULT WITH AND SOLICIT THE
VIEWS AND SUGGESTIONS OF INTERESTED VETERANS' ORGANIZATIONS, EDUCATIONAL
GROUPS AND ASSOCIATIONS, PERSONS RECEIVING ASSISTANCE UNDER CHAPTERS 31,
34, 35 AND 36 OF TITLE 38, UNITED STATES CODE, //38 USC 1501, 1651,
1700, 1770.// OTHER FEDERAL DEPARTMENTS AND AGENCIES, AND OTHER
INTERESTED PARTIES.
(C) THE ADMINISTRATOR SHALL REPORT TO THE CONGRESS AND THE PRESIDENT
NOT LATER THAN ONE YEAR AFTER TEH DATE OF ENACTMENT OF THIS ACT ON THE
RESULTS OF THE STUDY AND INVESTIGATION CARRIED OUT UNDER THIS SECTION,
INCLUDING ANY RECOMMENDATIONS FOR LEGISLATIVE OR ADMINISTRATIVE ACTION.
SEC. 201. SECTION 1652(A)(3) OF TITLE 38, UNITED STATES CODE, IS
AMENDED BY STRIKING OUT THE PERIOD AT THE END OF SUCH SECTION AND
INSERTING IN LIEU THEREOF "UNLESS AT SOME TIME SUBSEQUENT TO THE
COMPLETION OF SUCH PERIOD OF ACTIVE DUTY FOR TRAINING SUCH INDIVIDUAL
SERVED ON ACTIVE DUTY FOR A CONSECUTIVE PERIOD OF ONE YEAR OR MORE (NOT
INCLUDING ANY SERVICE AS A CADET OR MIDSHIPMAN AT ONE OF THE SERVICE
ACADEMIES).".
SEC. 202. SECTION 1661 OF TITLE 38, UNITED STATES CODE, IS AMENDED
BY--,
(1) INSERTING IN SUBSECTION (A) BEFORE THE PERIOD AT THE END
THEREOF "PLUS AN ADDITIONAL NUMBER OF MONTHS, NOT EXCEEDING NINE,
AS MAY BE UTILIZED IN PURSUIT OF A PROGRAM OF EDUCATION LEADING TO
A STANDARD UNDERGRADUATE COLLEGE DEGREE"; AND
(2) STRIKING OUT IN SUBSECTION (C) "SUBSECTION (B)" AND
INSERTING IN LIEU THEREOF "SUBSECTIONS (A) AND (B)".
SEC. 203. SECTION 1673 OF TITLE 38, UNITED STATES CODE, IS AMENDED
AS FOLLOWS:
(1) BY AMENDING SUBSECTION (A)(2) TO READ AS FOLLOWS:
"(2) ANY SALES OR SALES MANAGEMENT COURSE WHICH DOES NOT
PROVIDE SPECIALIZED TRAINING WITHIN A SPECIFIC VOCATIONAL FIELD,
OR IN ANY OTHER COURSE WITH A VOCATIONAL OBJECTIVE, UNLESS THE
ELIGIBLE VETERAN OR THE INSTITUTION OFFERING SUCH COURSE SUBMITS
JUSTIFICATION SHOWING THAT AT LEAST ONE-HALF OF THE PERSONS WHO
COMPLETED SUCH COURSE OVER THE THE PRECEDING TWO-YEAR PERIOD, AND
WHO ARE NOT UNAVAILABLE FOR EMPLOYMENT, HAVE EMPLOYED IN THE
OCCUPATIONAL CATEGORY FOR WHICH THE COURSE WAS DESIGNED TO PROVIDE
TRAINING (BUT IN COMPUTING THE NUMBER OF PERSONS WHO COMPLETED
SUCH COURSE OVER ANY SUCH TWO-YEAR PERIOD, THERE SHALL NOT BE
INCLUDED THE NUMBER OF PERSONS WHO COMPLETED SUCH COURSE WITH
ASSISTANCE UNDER THIS TITLE WHILE SERVING ON ACTIVE DUTY); OR";
(2) BY INSERTING IN SUBSECTION (A)(3) "(OR THE ADVERTISING FOR
WHICH HE FINDS CONTAINS SIGNIFICANT AVOCATIONAL OR RECREATIONAL
THEMES)" AFTER "CHARACTER"; AND
(3) BY AMENDING SUBSECTION (D) TO READ AS FOLLOWS:
"(D) THE ADMINISTRATOR SHALL NOT APPROVE THE ENROLLMENT OF ANY
ELIGIBLE VETERAN, NOT ALREADY ENROLLED, IN ANY COURSE (OTHER THAN ONE
OFFERED PURSUANT TO SUBCHAPTER V OR SUBCHAPTER VI OF THIS CHAPTER) //38
USC 1690, 1695.// WHICH DOES NOT LEAD TO A STANDARD COLLEGE DEGREE AND
WHICH IS OFFERED BY A PROPRIETARY PROFIT OR PROPRIETARY NONPROFIT
EDUCATIONAL INSTITUTION FOR ANY PERIOD DURING WHICH THE ADMINISTRATOR
FINDS THAT MORE THAN 85 PER CENTUM OF THE STUDENTS ENROLLED IN THE
COURSE ARE HAVING ALL OR PART OF THEIR TUTION, FEES, OR OTHER CHARGES
PAID TO OR FOR THEM BY THE EDUCATIONAL INSTITUTION OR THE VETERANS'
ADMINISTRATION UNDER THIS TITLE.".
SEC. 204. SECTION 1682 OF TITLE 38, UNITED STATES CODE, IS AMENDED
BY ADDING AT THE END THEREOF THE FOLLOWING NEW SUBSECTION:
"(D)(1) NOTWITHSTANDING THE PROHIBITION IN SECTION 1671 OF THIS TITLE
//38 USC 1671.// PROHIBITING ENROLLMENT OF AN ELIGIBLE VETERAN IN A
PROGRAM OF EDUCATION IN WHICH SUCH VETERAN HAS 'ALREADY QUALIFIED,' A
VETERAN SHALL BE ALLOWED UP TO SIX MONTHS OF EDUCATIONAL ASSISTANCE (OR
THE EQUIVALENT THEREOF IN PART-TIME ASSISTANCE) FOR THE PURSUIT OF
REFRESHER TRAINING TO PERMIT SUCH VETERAN TO UPDATE SUCH VETERAN'S
KNOWLEDGE AND SKILLS AND TO BE INSTRUCTED IN THE TECHNOLOGICAL ADVANCES
WHICH HAVE OCCURRED IN SUCH VETERAN'S FIELD OF EMPLOYMENT DURING AND
SINCE THE PERIOD OF SUCH VETERAN'S ACTIVE MILITARY SERVICE.
"(2) A VETERAN PURSUING REFRESHER TRAINING UNDER THIS SUBSECTION
SHALL BE PAID AN EDUCATIONAL ASSISTANCE ALLOWANCE BASED UPON THE RATE
PRESCRIBED IN THE TABLE IN SUBSECTION (A)(1) OR IN SUBSECTION (C)(2)
//ANTE, P. 1579.// OF THIS SECTION, WHICHEVER IS APPLICABLE.
"(3) THE EDUCATIONAL ASSISTANCE ALLOWANCE PAID UNDER THE AUTHORITY OF
THIS SUBSECTION SHALL BE CHARGED AGAINST THE PERIOD OF ENTITLEMENT THE
VETERAN HAS EARNED PURSUANT TO SECTION 1661(A) OF THIS TITLE.". //ANTE,
P. 1581.//
SEC. 205. SECTION 1685 OF TITLE 38, UNITED STATES CODE, IS AMENDED
AS FOLLOWS:
(1) BY STRIKING OUT IN SUBSECTION (A) ALL OF THAT PORTION OF
THE SECOND SENTENCE PRECEDING "DURING A SEMESTER" AND INSERTING IN
LIEU THEREOF "SUCH WORK-STUDY ALLOWANCE SHALL BE PAID IN THE
AMOUNT OF $625 IN RETURN FOR SUCH VETERAN-STUDENT'S AGREEMENT TO
PERFORM SERVICES, DURING OR BETWEEN PERIODS OF ENROLLMENT,
AGGREGATING TWO HUNDRED AND FIFTY HOURS";
(2) BY STRIKING OUT THE LAST SENTENCE OF SUBSECTION (A) AND
INSERTING IN LIEU THEREOF THE FOLLOWING: "AN AGREEMENT MAY BE
ENTERED INTO FOR THE PERFORMANCE OF SERVICES FOR PERIODS OF LESS
THAN TWO HUNDRED AND FIFTY HOURS, IN WHICH CASE THE AMOUNT OF THE
WORK-STUDY ALLOWANCE TO BE PAID SHALL BEAR THE SAME RATIO TO THE
NUMBER OF HOURS OF WORK AGREED TO BE PERFORMED AS $625 BEARS TO
TWO HUNDRED AND FIFTY HOURS. IN THE CASE, OF ANY AGREEMENT
PROVIDING FOR THE PERFORMANCE OF SERVICES FOR ONE HUNDRED HOURS OR
MORE, THE VETERAN STUDENT SHALL BE PAID $250 IN ADVANCE, AND IN
THE CASE OF ANY AGREEMENT FOR THE PERFORMANCE OF SERVICES FOR LESS
THAN ONE HUNDRED HOURS, THE AMOUNT OF THE ADVANCE PAYMENT SHALL
BEAR THE SAME RATIO TO THE NUMBER OF HOURS OF WORK AGREED TO BE
PERFORMED AS $625 BEARS TO TWO HUNDRED AND FIFTY HOURS."; AND
(3) BY STRIKING OUT IN SUBSECTION (C) "(NOT TO EXCEED EIGHT
HUNDRED MAN-YEARS OF THEIR EQUIVALENT IN MAN-HOURS DURING ANY
FISCAL YEAR)".
SEC. 206. SECTION 1692(B) OF TITLE 38, UNITED STATES CODE, IS
AMENDED AS FOLLOWS:
(1) BY STRIKING OUT "$50" AND INSERTING IN LIEU THEREOF
"$60";
(2) BY STRIKING OUT "NINE MONTHS" AND INSERTING IN LIEU THEREOF
"TWELVE MONTHS"; AND
(3) BY STRIKING OUT "$450" AND INSERTING IN LIEU THEREOF
"$720".
SEC. 207. SECTION 1723 OF TITLE 38, UNITED STATES CODE, IS AMENDED
AS FOLLOWS:
(1) BY AMENDING SUBSECTION (A)(2) TO READ AS FOLLOWS:
"(2) ANY SALES OR SALES MANAGEMENT COURSE WHICH DOES NOT
PROVIDE SPECIALIZED TRAINING WITHIN A SPECIFIC VOCATIONAL FIELD,
OR IN ANY OTHER COURSE WITH A VOCATIONAL OBJECTIVE, UNLESS THE
ELIGIBLE PERSON OR THE INSTITUTION OFFERING SUCH COURSE SUBMITS
JUSTIFICATION SHOWING THAT AT LEAST ONE-HALF OF THE PERSONS WHO
COMPLETED SUCH COURSE OVER THE PRECEDING TWO-YEAR PERIOD, AND WHO
ARE NOT UNAVAILABLE FOR EMPLOYMENT, HAVE BEEN EMPLOYED IN THE
OCCUPATIONAL CATEGORY FOR WHICH THE COURSE WAS DESIGNED TO PROVIDE
TRAINING (BUT IN COMPUTING THE NUMBER OF PERSONS WHO COMPLETED
SUCH COURSE OVER ANY SUCH TWO-YEAR PERIOD, THERE SHALL NOT BE
INCLUDED THE NUMBER OF PERSONS WHO COMPLETED SUCH COURSE WITH
ASSISTANCE UNDER THIS TITLE WHILE SERVING ON ACTIVE DUTY); OR";
(2) BY INSERTING IN SUBSECTION (A)(3) "(OR THE ADVERTISING FOR
WHICH HE FINDS CONTAINS SIGNIFICANT AVOCATIONAL OR RECREATIONAL
THEMES)" AFTER "CHARACTER";
(3) BY STRIKING OUT IN SUBSECTION (C) "ANY COURSE OF
INSTITUTIONAL ON-FARM TRAINING,"; AND
(4) BY STRIKING OUT IN SUBSECTION (D) "TO BE PURSUED BELOW THE
COLLEGE LEVEL" AND INSERTING IN LIEU THEREOF "NOT LEADING TO A
STANDARD COLLEGE DEGREE".
SEC. 208. SECTION 1732 OF TITLE 38, UNITED STATES CODE, IS AMENDED
BY REDESIGNATING SUBSECTION (C) AS SUBSECTION (D) AND BY INSERTING AFTER
SUBSECTION (B) THE FOLLOWING NEW SUBSECTION:
"(C)(1) AN ELIGIBLE PERSON WHO IS ENROLLED IN AN EDUCATIONAL
INSTITUTION FOR A 'FARM COOPERATIVE' PROGRAM CONSISTING OF INSTITUTIONAL
AGRICULTURAL COURSES PRESCHEDULED TO FALL WITHIN FORTY-FOUR WEEKS OF ANY
PERIOD OF TWELVE CONSECUTIVE MONTHS AND WHO PURSUES SUCH PROGRAM ON--,
"(A) A FULL-TIME BASIS (A MINIMUM OF TEN CLOCK HOURS PER WEEK
OR FOUR HUNDRED AND FORTY CLOCK HOURS IN SUCH YEAR PRESCHEDULED TO
PROVIDE NOT LESS THAN EIGHTY CLOCK HOURS IN ANY THREE-MONTH
PERIOD",
"(B) A THREE-QUARTER-TIME BASIS (A MINIMUM OF SEVEN CLOCK HOURS
PER WEEK), OR
"(C) A HALF-TIME BASIS (A MINIMUM OF FIVE CLOCK HOURS PER
WEEK),
SHALL BE ELIGIBLE TO RECEIVE AN EDUCATIONAL ASSISTANCE ALLOWANCE AT THE
APPROPRIATE RATE PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, IF SUCH
ELIGIBLE PERSON IS CONCURRENTLY ENGAGED IN AGRICULTURAL EMPLOYMENT WHICH
IS RELEVANT