PUBLIC LAW 93-421, 88 STAT 1154.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESNTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, //48 USC 14210.// THAT THE
SECRETARY OF AGRICULTURE IS AUTHORIZED TO PROVIDE FINANCIAL AND
TECHNICAL ASSISTANCE TO GUAM FOR IMPROVING FIRE CONTROL, WATERSHED
PROTECTION AND REFORESTATION, CONSISTENT WITH EXISTING LAWS,
ADMINISTERED BY THE SECRETARY OF AGRICULTURE, WHICH ARE APPLICABLE TO
THE CONTINENTAL UNITED STATES. THE PROGRAM AUTHORIZED BY THIS SECTION
SHALL BE DEVELOPED IN COOPERATION WITH THE TERRITORIAL GOVERNMENT OF
GUAM AND SHALL BE COVERED BY A MEMORANDUM OF UNDERSTANDING AGREED TO BY
THE TERRITORIAL GOVERNMENT AND THE DEPARTMENT. THE SECRETARY MAY ALSO
UTILIZE THE AGENCIES, FACILITIES, AND EMPLOYEES OF THE DEPARTMENT, AND
MAY COOPERATE WITH OTHER PUBLIC AGENCIES AND WITH PRIVATE ORGANIZATIONS
AND INDIVIDUALS IN GUAM AND ELSEWHERE.
SEC. 2. //48 USC 1421P.// THERE ARE HEREBY AUTHORIZED TO BE
APPROPRIATED SUCH SUMS AS MAY BE NECESSARY TO CARRY OUT THE PURPOSES OF
THIS ACT. SUMS APPROPRIATED IN PURSUANCE OF THIS ACT MAY BE ALLOCATED
TO SUCH AGENCIES OF THE DEPARTMENT AS ARE CONCERNED WITH THE
ADMINISTRATION OF THE PROGRAM IN GUAM.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1222 (COMM. ON AGRICULTURE).
SENATE REPORT NO. 93 - 1130 (COMM. ON AGRICULTURE AND FORESTRY).
CONGRESSIONAL RECORD, VOL. 120 (1974):
AUG. 5, CONSIDERED AND PASSED HOUSE.
SEPT. 5, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-420, 88 STAT 1153
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE ACT OF OCTOBER
13, 1972 (86 STAT. 807) "28 USC 41 NOTE." IS AMENDED AS FOLLOWS:
(A) SECTION (2) OF SECTION 6 OF SUCH ACT IS AMENDED BY STRIKING OUT
"FIFTEEN MONTHS" AND INSERTING IN LIEU THEREOF "TWENTY-FOUR MONTHS".
(B) SECTION 7 OF SUCH ACT IS AMENDED BY STRIKING OUT "NOT MORE THAN
$270,000" AND INSERTING IN LIEU THEREOF "NOT MORE THAN $606,000".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1344 (COMM. ON THE JUDICIARY).
SENATE REPORT NO. 93 - 742 (COMM. ON THE JUDICIARY).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAR. 26, CONSIDERED AND PASSED SENATE.
SEPT. 16, CONSIDERED AND PASSED HOUSE, AMENDED; SENATE
CONCURRED IN HOUSE AMENDMENT.
PUBLIC LAW 93-419, 88 STAT 1152
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT CHAPTER 1 OF TITLE
37, UNITED STATES CODE, IS AMENDED BY AMENDING SECTION 101 AS FOLLOWS:
"(25) 'REGULAR COMPENSATION' OR 'REGULAR MILITARY COMPENSATION
(RMC)' MEANS THE TOTAL OF THE FOLLOWING ELEMENTS THAT A MEMBER OF
A UNIFORMED SERVICE ACCRUES OR RECEIVES, DIRECTLY OR INDIRECTLY,
IN CASH OR IN KIND EVERY PAYDAY: BASIC PAY, BASIC PAY ALLOWANCE
FOR QUARTERS, BASIC ALLOWANCE FOR SUBSISTENCE; AND FEDERAL TAX
ADVANTAGE ACCRUING TO THE AFOREMENTIONED ALLOWANCES BECAUSE THEY
ARE NOT SUBJECT TO FEDERAL INCOME TAX."
SEC. 2. CHAPTER 3 OF TITLE 37, UNITED STATES CODE, IS AMENDED BY
AMENDING SECTION 203(A) TO READ AS FOLLOWS:
"(A) THE RATES OF MONTHLY BASIC PAY FOR MEMBERS OF THE UNIFORMED
SERVICES WITHIN EACH PAY GRADE ARE THOSE PRESCRIBED IN ACCORDANCE WITH
SECTION 1009 OF THIS TITLE."
SEC. 3. CHAPTER 7 OT TITLE 37, UNITED STATES CODE, IS AMENDED AS
FOLLOWS:
(1) BY AMENDING SECTION 402(A) "37 USC 402." TO READ AS FOLLOWS:
"(A) EXCEPT AS OTHERWISE PROVIDED BY LAW, EACH MEMBER OF A UNIFORMED
SERVICE WHO IS ENTITLED TO BASIC PAY IS ENTITLED TO A BASIC ALLOWANCE
FOR SUBSISTENCE AS SET FORTH IN THIS SECTION."
(2) BY AMENDING THE FOURTH SENTENCE OF SECTION 402(B) TO READ AS
FOLLOWS: "THE ALLOWANCE FOR AN ENLISTED MEMBER WHO IS AUTHORIZED TO
RECEIVE THE BASIC ALLOWANCE FOR SUBSISTENCE UNDER THIS SUBSECTION IS AT
THE RATE PRESCRIBED IN ACCORDANCE WITH SECTION 1009 OF THIS TITLE."
(3) BY AMENDING THE FIRST SENTENCE OF SECTION 402(C) TO READ AS
FOLLOWS: "AN OFFICER OF A UNIFORMED SERVICE WHO IS ENTITLED TO BASIC
PAY IS, AT ALL TIMES, ENTITLED TO THE BASIC ALLOWANCE FOR SUBSISTENCE AT
THE MONTHLY RATE PRESCRIBED IN ACCORDANCE WITH SECTION 1009 OF THIS
TITLE."
(4) BY REPEALING SECTION 402(D).
(5) BY REDESIGNATING SECTION 402(E) AS SECTION 402(D), AND SECTION
402(F) AS SECTION 402(E).
(6) BY AMENDING SECTION 403(A) "37 USC 403." TO READ AS FOLLOWS:
"(A) EXCEPT AS OTHERWISE PROVIDED BY LAW, A MEMBER OF A UNIFORMED
SERVICE WHO IS ENTITLED TO BASIC PAY IS ENTITLED TO A BASIC ALLOWANCE
FOR QUARTERS AT THE MONTHLY RATES PRESCRIBED IN ACCORDANCE WITH SECTION
1009 OF THIS TITLE, ACCORDING TO THE PAYGRADE IN WHICH HE IS ASSIGNED OR
DISTRIBUTED FOR BASIC PAY PURPOSES."
SEC. 4. CHAPTER 19 OF TITLE 37, UNITED STATES CODE, "37 USC 1001."
IS AMENDED BY ADDING THE FOLLOWING NEW SECTION AFTER SECTION 1008 AND
INSERTING A CORRESPONDING ITEM IN THE CHAPTER ANALYSIS:
"(A) WHENEVER THE GENERAL SCHEDULE OF COMPENSATION FOR FEDERAL
CLASSIFIED EMPLOYEES AS CONTAINED IN SECTION 5332 OF TITLE 5, UNITED
STATES CODE, "5 USC 5332 NOTE." IS ADJUSTED UPWARD, THE PRESIDENT SHALL
IMMEDIATELY MAKE AN UPWARD ADJUSTMENT IN THE--,
"(1) MONTHLY BASIC PAY AUTHORIZED MEMBERS OF THE UNIFORMED
SERVICES BY SECTION 203(A) OF THIS TITLE; AND
"(2) BASIC ALLOWANCE FOR SUBSISTENCE AUTHORIZED ENLISTED
MEMBERS AND OFFICERS BY SECTION 402 OF THIS TITLE; AND
"(3) BASIC ALLOWANCE FOR QUARTERS AUTHORIZED MEMBERS OF THE
UNIFORMED SERVICES BY SECTION 403(A) OF THIS TITLE.
"(B) AN ADJUSTMENT UNDER THIS SECTION SHALL HAVE THE FORCE AND EFFECT
OF LAW AND SHALL--,
"(1) CARRY THE SAME EFFECTIVE DATE AS THAT APPLYING TO THE
COMPENSATION ADJUSTMENTS PROVIDED GENERAL SCHEDULE EMPLOYEES; "5
USC 5332 NOTE."
"(2) BE BASED ON THE RATES OF THE VARIOUS ELEMENTS OF
COMPENSATION AS DEFINED IN, OR MADE UNDER, SECTION 8 OF THE ACT OF
DECEMBER 16, 1967 (PUBLIC LAW 90 - 207; 81 STAT. 654), SECTION
402 OR 403 OF THIS TITLE, OR THIS SECTION; "ANTE, P. 1152." AND
"(3) PROVIDE ALL ELIGIBLE MEMBERS WITH AN INCREASE IN EACH
ELEMENT OF COMPENSATION, SET FORTH IN SUBSECTION (A) OF THIS
SECTION, WHICH IS OF THE SAME PERCENTAGE AS THE OVERALL AVERAGE
PERCENTAGE INCREASE IN THE GENERAL SCHEDULE RATES OF BASIC PAY FOR
CIVILIAN EMPLOYEES."
SEC. 5. UNTIL THE EFFECTIVE DATE OF THE FIRST UPWARD ADJUSTMENT IN
THE RATES OF MONTHLY BASIC PAY FOR MEMBERS OF THE UNIFORMED SERVICES
MADE BY THE PRESIDENT UNDER SECTION 1009 OF TITLE 37, UNITED STATES
CODE, AS ADDED BY SECTION 4 OF THIS ACT, "37 USC 1009 NOTE." AFTER THE
EFFECTIVE DATE OF THIS ACT, "ANTE, P. 1152." THE RATES OF MONTHLY BASIC
PAY FOR MEMBERS OF THE UNIFORMED SERVICES AUTHORIZED BY SECTION 203(A)
OF THAT TITLE "37 USC 203 NOTE." ARE THOSE PRESCRIBED BY EXECUTIVE ORDER
11740 OF OCTOBER 3, 1973, "37 USC 1009 NOTE." WHICH BECAME EFFECTIVE ON
OCTOBER 1, 1973. "37 USC 1009 NOTE."
SEC. 6. UNTIL THE EFFECTIVE DATE OF THE FIRST UPWARD ADJUSTMENT IN
THE RATES OF BASIC ALLOWANCE FOR SUBSISTENCE FOR ENLISTED MEMBERS AND
OFFICERS MADE BY THE PRESIDENT UNDER SECTION 1009 OF TITLE 37, UNITED
STATES CODE, AS ADDED BY SECTION 4 OF THIS ACT, AFTER THE EFFECTIVE DATE
OF THIS ACT, THE RATES PRESCRIBED UNDER SECTION 402 OF TITLE 37, UNITED
STATES CODE, AS IT EXISTED ON THE DATE BEFORE THE EFFECTIVE DATE OF THIS
ACT, SHALL CONTINUE IN EFFECT.
SEC. 7. UNTIL THE EFFECTIVE DATE OF THE FIRST ADJUSTMENT IN THE
RATES OF BASIC ALLOWANCE FOR QUARTERS FOR MEMBERS OF THE UNIFORMED
SERVICES MADE BY THE PRESIDENT UNDER SECTION 1009 OF TITLE 37, UNITED
STATES CODE, AS ADDED BY SECTION 4 OF THIS ACT, AFTER THE EFFECTIVE DATE
OF THIS ACT, THE RATES OF BASIC ALLOWANCE FOR QUARTERS PRESCRIBED IN
SECTION 403 (A) OF TITLE 37, UNITED STATES CODE, AS IT EXISTED ON THE
DAY BEFORE THE EFFECTIVE DATE OF THIS ACT, SHALL CONTINUE IN EFFECT.
SEC. 8. SECTION 8 OF THE ACT OF DECEMBER 16, 1967 (PUBLIC LAW 90 -
207; 81 STAT. 654), "37 USC 203 NOTE." IS REPEALED.
SEC. 9. THIS ACT IS EFFECTIVE UPON ENACTMENT. "37 USC 1009 NOTE."
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1146 (COMM. ON ARMED SERVICES).
SENATE REPORT NO. 93 - 1132 (COMM. ON ARMED SERVICES).
CONGRESSIONAL RECORD, VOL. 120 (1974):
JULY 1, CONSIDERED AND PASSED HOUSE.
SEPT. 5, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-418, 88 STAT 1151.
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE PRESIDENT IS HEREBY
AUTHORIZED AND REQUESTED TO ISSUE A PROCLAMATION DESIGNATING THE PERIOD
OF SEPTEMBER 15, 1974, THROUGH OCTOBER 15, 1974, AS "JOHNNY HORIZON '76
CLEAN UP AMERICA MONTH", AND CALLING UPON THE PEOPLE OF THE UNITED
STATES TO OBSERVE SUCH PERIOD WITH APPROPRIATE ACTIVITIES.
LEGISLATIVE HISTORY:
SENATE REPORT NO. 93 - 1149 (COMM. ON THE JUDICIARY).
CONGRESSIONAL RECORD, VOL. 123 (1974):
AUG. 19, CONSIDERED AND PASSED HOUSE.
SEPT. 12, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-417, 88 STAT 1151
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 1 OF THE
ACT OF JUNE 4, 1920 (22 U.S.C. 214), IS AMENDED TO READ AS FOLLOWS:
"SECTION 1. THERE SHALL BE COLLECTED AND PAID INTO THE TREASURY OF
THE UNITED STATES QUARTERLY A FEE OF $10 FOR EACH PASSPORT ISSUED AND A
FEE IN AN AMOUNT PRESCRIBED BY THE SECRETARY OF STATE BY REGULATION FOR
EXECUTING EACH APPLICATION FOR A PASSPORT. NOTHING CONTAINED IN THIS
SECTION SHALL BE CONSTRUED TO LIMIT THE RIGHT OF THE SECRETARY OF STATE
BY REGULATION (1) TO AUTHORIZE STATE OFFICIALS TO COLLECT AND RETAIN THE
EXECUTION FEE, OR (2) TO TRANSFER TO THE UNITED STATES POSTAL SERVICE
THE EXECUTION FEE FOR EACH APPLICATION ACCEPTED BY THAT SERVICE. NO
PASSPORT FEE SHALL BE COLLECTED FROM AN OFFICER OR EMPLOYEE OF THE
UNITED STATES PROCEEDING ABROAD IN THE DISCHARGE OF OFFICIAL DUTIES, OR
FROM MEMBERS OF HIS IMMEDIATE FAMILY; FROM AN AMERICAN SEAMAN WHO
REQUIRES A PASSPORT IN CONNECTION WITH HIS DUTIES ABOARD AN AMERICAN
FLAG-VESSEL; OR FROM A WIDOW, CHILD, PARENT, BROTHER, OR SISTER OF A
DECEASED MEMBER OF THE ARMED FORCES PROCEEDING ABROAD TO VISIT THE GRAVE
OF SUCH MEMBER. NO EXECUTION FEE SHALL BE COLLECTED FOR AN APPLICATION
MADE BEFORE A FEDERAL OFFICIAL BY A PERSON EXCUSED FROM PAYMENT OF THE
PASSPORT FEE UNDER THIS SECTION.".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1242 (COMM. ON FOREIGN AFFAIRS).
SENATE REPORT NO. 93 - 1124 (COMM. ON FOREIGN RELATIONS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
AUG. 5, CONSIDERED AND PASSED HOUSE.
SEPT. 4, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-416, 88 STAT 1143
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT (A) SECTION 8101
(1) OF TITLE 5, UNITED STATES CODE (HEREINAFTER REFERRED TO AS THE
"ACT"), IS AMENDED BY INSERTING "AND" AFTER THE SEMICOLON ON SUBSECTION
E (IV) AND ADDING A NEW PARAGRAPH (F) AS FOLLOWS:
"(F) AN INDIVIDUAL SELECTED PURSUANT TO CHAPTER 121 OF TITLE
28, UNITED STATES CODE, "28 USC 1861." AND SERVING AS A PETIT OR
GRAND JUROR AND WHO IS OTHERWISE AN EMPLOYEE FOR THE PURPOSES OF
THIS SUBCHAPTER AS DEFINED BY PARAGRAPHS (A), (B), (C), (D), AND
(E) OF THIS SUBSECTION.".
(B) SECTION 8101(2) OF THE ACT "5 USC 8101." IS AMENDED BY INSERTING
", PODIATRISTS, DENTISTS, CLINICAL PSYCHOLOGISTS, OPTOMETRISTS,
CHIROPRACTORS," AFTER "SURGEONS", AND ADDING AFTER THE WORDS "STATE LAW"
A PERIOD, AND THE FOLLOWING: "THE TERM 'PHYSICIAN' INCLUDES
CHIROPRACTORS ONLY TO THE EXTENT THAT THEIR REIMBURSABLE SERVICES ARE
LIMITED TO TREATMENT CONSISTING OF MANUAL MANIPULATION OF THE SPINE TO
CORRECT A SUBLUXATION AS DEMONSTRATED BY X-RAY TO EXIST, AND SUBJECT TO
REGULATION BY THE SECRETARY".
(C) SECTION 8101(3) OF THE ACT IS AMENDED BY INSERTING "PODIATRISTS,
DENTISTS, CLINICAL PSYCHOLOGISTS, OPTOMETRISTS, CHIROPRACTORS," AFTER
"SUPPLIES BY", AND BY INSERTING BEFORE THE SEMICOLON ". REIMBURSABLE
CHIROPRACTIC SERVICES ARE LIMITED TO TREATMENT CONSISTING OF MANUAL
MANIPULATION OF THE SPINE TO CORRECT A SUBLUXATION AS DEMONSTRATED BY
X-RAY TO EXIST, AND SUBJECT TO REGULATION BY THE SECRETARY".
(D) SECTION 8101(5) OF THE ACTIIS AMENDED BY INSERTING BEFORE THE
SEMICOLON ", AND DAMAGE TO OR DESTRUCTION OF MEDICAL BRACES, ARTIFICIAL
LIMBS, AND OTHER PROSTHETIC DEVICES WHICH SHALL BE REPLACED OR REPAIRED,
AND SUCH TIME LOST WHILE SUCH DEVICE OR APPLIANCE IS BEING REPLACED OR
REPAIRED; EXCEPT THAT EYEGLASSES AND HEARING AIDS WOULD NOT BE
REPLACED, REPAIRED, OR OTHERWISE COMPENSATED FOR, UNLESS THE DAMAGES OR
DESTRUCTION IS INCIDENT TO A PERSONAL INJURY REQUIRING MEDICAL
SERVICES".
(E) SECTION 8101(11) OF THE ACT IS AMENDED TO READ AS FOLLOWS:
"(11) 'WIDOWER' MEANS THE HUSBAND LIVING WITH OR DEPENDENT FOR
SUPPORT ON THE DECEDENT AT THE TIME OF HER DEATH, OR LIVING APART
FOR REASONABLE CAUSE OR BECAUSE OF HER DESERTION;".
(F) SECTION 8101 OF THE ACT IS AMENDED BY ADDING AT THE END
THEREOF THE FOLLOWING NEW PARAGRAPHS:
"(20) 'ORGAN' MEANS A PART OF THE BODY THAT PERFORMS A SPECIAL
FUNCTION, AND FOR PURPOSES OF THIS SUBCHAPTER EXCLUDES THE BRAIN,
HEART, AND BACK; AND
"(21) 'UNITED STATES MEDICAL OFFICERS AND HOSPITALS' INCLUDES
MEDICAL OFFICERS AND HOSPITALS OF THE ARMY, NAVY, AIR FORCE,
VETERANS' ADMINISTRATION, AND UNITED STATES PUBLIC HEALTH SERVICE,
AND ANY OTHER MEDICAL OFFICER OR HOSPITAL DESIGNATED AS A UNITED
STATES MEDICAL OFFICER OR HOSPITAL BY THE SECRETARY OF LABOR."
(G) SECTION 8101(1) (D) IS AMENDED BY DELETING THE WORD "AND" AFTER
THE SEMICOLON.
SEC. 2. (A) SECTION 8103(A) (3) OF THE ACT IS AMENDED TO READ AS
FOLLOWS:
"(3) BY OR ON ORDER OF UNITED STATES MEDICAL OFFICERS AND
HOSPITALS, OR, AT THE EMPLOYEE'S OPTION, BY OR ON ORDER OF
PHYSICIANS AND HOSPITALS DESIGNATED OR APPROVED BY THE SECRETARY.
THE EMPLOYEE MAY INITIALLY SELECT A PHYSICIAN TO PROVIDE MEDICAL
SERVICES, APPLIANCES, AND SUPPLIES, IN ACCORDANCE WITH SUCH REGULATIONS
AND INSTRUCTIONS AS THE SECRETARY CONDIDERS NECESSARY, AND MAY BE
FURNISHED NECESSARY AND REASONABLE TRANSPORTATION AND EXPENSES INCIDENT
TO THE SECURING OF SUCH SERVICES, APPLIANCES, AND SUPPLIES. THESE
EXPENSES, WHEN AUTHORIZED OR APPROVED BY THE SECRETARY, SHALL BE PAID
FROM THE EMPLOYEES' COMPENSATION FUND."
SEC. 3. SECTION 8104 OF THE ACT "5 USC 8104." IS AMENDED BY INSERTING
"(A)" BEFORE "THE" AT THE BEGINNING THEREOF, AND ADDING AT THE END
THEREOF THE FOLLOWING NEW SUBSECTION:
"(B) NOTWITHSTANDING SECTION 8106, "5 USC 8106." INDIVIDUALS DIRECTED
TO UNDERGO VOCATIONAL REHABILITATION BY THE SECRETARY SHALL, WHILE
UNDERGOING SUCH REHABILITATION, RECEIVE COMPENSATION AT THE RATE
PROVIDED IN SECTIONS 8105 AND 8110 OF THIS TITLE, "5 USC 8105, 8110."
LESS THE AMOUNT OF ANY EARNINGS RECEIVED FROM RENUMERATIVE EMPLOYMENT,
OTHER THAN EMPLOYMENT UNDERTAKEN PURSUANT TO SUCH REHABILITATION."
SEC. 4. SECTION 8107(A) OF THE ACT "5 USC 8107." IS AMDENDED TO READ
AS FOLLOWS:
"(A) IF THERE IS PERMAMENT DISABILITY INVOLVING THE LOSS, OR LOSS OF
USE, OF A MEMBER OR FUNCTION OF THE BODY OR INVOLVING DISFIGUREMENT, THE
EMPLOYEE IS ENTITLED TO BASIC COMPENSATION FOR THE DISABILITY, AS
PROVIDED BY THE SCHEDULE IN SUBSECTION (C) OF THIS SECTION, AT THE RATE
OF 66 2/3 PERCENT OF HIS MONTHLY PAY. THE BASIC COMPENSATION IS--,
"(1) PAYABLE REGARDLESS OF WHETHER THE CAUSE OF THE DISABILITY
ORIGINATES IN A PART OF THE BODY OTHER THAN THAT MEMBER;
"(2) PAYABLE REGARDLESS OF WHETHER THE DISABILITY ALSO INVOLVES
ANOTHER IMPAIRMENT OF THE BODY; AND
"(3) IN ADDITION TO COMPENSATION FOR TEMPORARY TOTAL OR
TEMPORARY PARTIAL DISABILITY."
SEC. 5. SECTION 8107(C) OF THE ACT IS AMENDED BY ADDING AT THE END
THEREOF THE FOLLOWING NEW SUBPARAGRAPH:
"(22) FOR PERMANENT LOSS OR LOSS OF USE OF ANY OTHER IMPORTANT
EXTERNAL OR INTERNAL ORGAN OF THE BODY AS DETERMINED BY THE
SECRETARY, PROPER AND EQUITABLE COMPENSATION NOT TO EXCEED 312
WEEKS' COMPENSATION FOR EACH ORGAN SO DETERMINED SHALL BE PAID IN
ADDITION TO ANY OTHER COMPENSATION PAYABLE UNDER THIS SCHEDULE."
SEC. 6. SECTION 8110(A) (2) OF THE ACT "5 USC 8110." IS AMENDED TO
READ AS FOLLOWS:
"(2) A HUSBAND, IF--,
"(A) HE IS A MEMBER OF THE SAME HOUSEHOLD AS THE EMPLOYEE;
OR
"(B) HE IS RECEIVING REGULAR CONTRIBUTIONS FROM THE EMPLOYEE
FOR HIS SUPPORT; OR
"(C) THE EMPLOYEE HAS BEEN ORDERED BY A COURT TO CONTRIBUTE TO
HIS SUPPORT;"
SEC. 7. (A) SECTION 8111(A) OF THE ACT "5USC 8111." IS AMENDED BY
STRIKING OUT "$300" AND INSERTING IN LIEU THEREOF "$500".
(B) SECTION 8111(B) OF THE ACT IS AMENDED BY STRIKING OUT "$100" AND
INSERTING "$200".
SEC. 8. (A) SECTION 8113 OF THE ACT "5 USC 8113." IS AMENDED BY
STRIKING OUT SUBSECTION (B) AND REDESIGNATING SUBSECTION (C) AS
SUBSECTION (B).
(B) SECTION 8143(A) (2) OF THE ACT "5 USC 8143." IS AMENDED BY
STRIKING OUT ", (B)".
SEC. 9. (A) SECTION 8116(A) OF THE ACT "5 USC 8116." IS AMENDED BY
STRIKING OUT THE WORD "AND" IN CLAUSE (1), STRIKING OUT THE PERIOD AFTER
CLAUSE (2) AND INSERTING IN LIEU THEREOF A SEMICOLON, AND BY INSERTING
THE FOLLOWING TWO CLAUSES IMMEDIATELY AFTER CLAUSE (2):
"(3) OTHER BENEFITS ADMINSTERED BY THE VETERANS' ADMINISTRATION
UNLESS SUCH BENEFITS ARE PAYABLE FOR THE SAME INJURY OR THE SAME
DEATH; AND
"(4) RETIRED PAY, RETIREMENT PAY, RETAINER PAY, OR EQUIVALENT
PAY FOR SERVICE IN THE ARMED FORCES OR OTHER INIFORMED SERVICES,
SUBJECT TO THE REDUCTION OF SUCH PAY IN ACCORDANCE WITH SECTION
5532(B) OF TITLE 5, UNITED STATES CODE."
(B) THE AMENDMENT MADE BY THIS SECTION SHALL BE EFFECTIVE WITH
RESPECT TO DISABILITY OR DEATH OCCURRING BEFORE OR AFTER THE DATE OF
ENACTMENT OF THIS ACT "5 USC 8116 NOTE." AND WITHOUT REGARD TO ANY
ELECTION UNDER SECTION 8116(B) OF THE ACT; "5 USC 8116." BUT NO PAYMENT
SHALL BE MADE BY REASON OF SUCH AMENDMENT FOR ANY PERIOD PRIOR TO THE
DATE OF ENACTMENT OF THIS ACT.
SEC. 10. SECTION 8117 OF THE ACT "5USC 8117." IS AMENDED BY STRIKING
OUT "21 DAYS" AND INSERTING IN LIEU THEREOF "14 DAYS".
SEC. 11. SECTION 8118 OF THE ACT "5 USC 8118." IS AMENDED TO READ AS
FOLLOWS:
"(A) THE UNITED STATES SHALL AUTHORIZE THE CONTINUATION OF PAY OF AN
EMPLOYEE, AS DEFINED IN SECTION 8101(1) OF THIS TITLE "ANTE, P. 1143."
(OTHER THAN THOSE REFERRED TO IN CLAUSE (B) OR (E), WHO HAS FILED A
CLAIM FOR A PERIOD OF WAGE LOSS DUE TO A TRAUMATIC INJURY WITH HIS
IMMEDIATE SUPERIOR ON A FORM APPROVED BY THE SECRETARY OF LABOR WITHIN
THE TIME SPECIFIED IN SECTION 8122(A) (2) OF THIS TITLE. "POST, P.
1147."
(B) CONTINUATION OF PAY UNDER THIS SUBCHAPTER SHALL BE FURNISHED--,
"(1) WITHOUT A BREAK IN TIME UNLESS CONTROVERTED UNDER
REGULATIONS OF THE SECRETARY;
"(2) FOR A PERIOD NOT TO EXCEED 45 DAYS; AND
"(3) UNDER ACCOUNTING PROCEDURES AND SUCH OTHER REGULATIONS AS
THE SECRETARY MAY REQUIRE.
"(C) AN EMP LOYEE MAY USE ANNUAL OR SICK LEAVE TO HIS CREDIT AT THE
TIME THE DISABILITY BEGINS, BUT HIS COMPENSATION FOR DISABILITY DOES NOT
BEGIN, AND THE TIME PERIODS SPECIFIED BY SECTION 8117 OF THIS TITLE DO
NOT BEGIN TO RUN, UNTIL TERMINATION OF PAY AS SET FORTH IN SUBSECTIONS
(A) AND (B) OR THE USE OF ANNUAL OR SICK LEAVE ENDS.
"(D) IF A CLAIM UNDER SUBSECTION (A) IS DENIED BY THE SECRETARY,
PAYMENTS UNDER THIS SECTION SHALL, AT THE OPTION OF THE EMPLOYEE, BE
CHARGED TO SICK OR ANNUAL LEAVE OR SHALL BE DEEMED OVERPAYMENTS OF PAY
WITHIN THE MEANING OF SECTION 5584 OF TITLE 5, UNITED STATES CODE.
"(E) PAYMENTS UNDER THIS SECTION SHALL NOT BE CONSIDERED AS
COMPENSATION AS DEFINED BY SECTION 8101(12) OF THIS TITLE."
SEC. 12. (A) SECTION 8119 OF THE ACT"5 USC 8119." IS AMENDED TO READ
AS FOLLOWS:
"AN EMPLOYEE INJURED IN THE PERFORMANCE OF HIS DUTY, OR SOMEONE ON
HIS BEHALF, SHALL GIVE NOTICE THEREOF. NOTICE OF A DEATH BELIEVED TO BE
RELATED TO THE EMPLOYMENT SHALL BE GIVEN BY AN ELIGIBLE BENEFICIARY
SPECIFIED IN SECTION 8133 OF THIS TITLE,"POST, P. 1147." OR SOMEONE ON
HIS BEHALF. A NOTICE OF INJURY OR DEATH SHALL--,
"(A) BE GIVEN WITHIN 30 DAYS AFTER THE INJURY OR DEATH;
"(B) BE GIVEN TO THE IMMEDIATE SU PERIOR OF THE EMPLOYEE BY
PERSONAL DELIVERY OR BY DEPOSITING IT IN THE MAIL PROPERLY STAMPED
AND ADDRESSED;
"(C) BE IN WRITING;
"(D) STATE THE NAME AND ADDRESS OF THE EMPLOYEE;
"(E) STATE THE YEAR, MONTH, DAY, AND HOUR WHEN AND THE
PARTICULAR LOCALITY WHERE THE INJURY OR DEATH OCCURRED;
"(F) STATE THE CAUSE AND NATURE OF THE INJURY, OR, IN THE CASE
OF DEATH, THE EMPLOYMENT FACTORS BELIEVED TO BE THE CAUSE; AND
"(G) BE SIGNED BY AND CONTAIN THE ADDRESS OF THE INDIVIDUAL
GIVING THE NOTICE."
(B) THE TABLE OF CONTENTS OF CHAPTER 81 OF THIS ACT IS AMENDED BY
STRIKING OUT "8119. NOTICE OF INJURY; FAILURE TO GIVE." AND INSERTING
IN LIEU THEREOF "8119. NOTICE OF INJURY OR DEATH.".
SEC. 13. SECTION 8121(3) OF THE ACT "5 USC 8121." IS AMENDED BY
STRIKING OUT "FURNISHED" AND INSERTING "APPROVED" IN LIEU THEREOF.
SEC. 14. SECTION 8122 OF THE ACT IS AMENDED AS FOLLOWS: (1) STRIKE
SUBSECTION (A) OF SECTION 8122 "5 USC 3122." AND INSERT IN LIEU THEREOF
THE FOLLOWING:
"(A) AN ORIGINAL CLAIM FOR COMPENSATION FOR DISABILITY OR DEATH MUST
BE FILED WITHIN 3 YEARS AFTER THE INJURY OR DEATH. COMPENSATION FOR
DISABILITY OR DEATH, INCLUDING MEDICAL CARE IN DISABILITY CASES, MAY NOT
BE ALLOWED IF CLAIM IS NOT FILED WITHIN THAT TIME UNLESS--,
"(1) THE IMMEDIATE SUPERIOR HAD ACTUAL KNOWLEDGE OF THE INJURY
OR DEATH WITHIN 30 DAYS. THE KNOWLEDGE MUST BE SUCH TO PUT THE
IMMEDIATE SUPERIOR REASONABLY ON NOTICE OF AN ON-THE-JOB INJURY OR
DEATH; OR
"(2) WRITTEN NOTICE OF INJURY OR DEATH AS SPECIFIED IN SECTION
8119 OF THIS TITLE "ANTE, P. 1146." WAS GIVEN WITHIN 30 DAYS."
(2) STRIKE SUBSECTION (C) OF SECTION 8122 AND INSERT IN LIEU THEREOF
THE FOLLOWING:
"(C) THE TIMELY FILING OF A DISABILITY CLAIM BECAUSE OF INJURY WILL
SATISFY THE TIME REQUIREMENTS FOR A DEATH CLAIM BASED ON THE SAME
INJURY."
(3) SUBSECTION (D) OF SECTION 8122 IS AMENDED BY CHANGING THE
REFERENCE TO SUBSECTION "(A)-(C)" TO SUBSECTIONS "(A) AND (B)", BY
ADDING AT THE END THEREOF THE FOLLOWING NEW CLAUSE:
"(3) RUN AGAINST ANY INDIVIDUAL WHOSE FAILURE TO COMPLY IS
EXCUSED BY THE SECRETARY ON THE GROUND THAT SUCH NOTICE COULD NOT
BE GIVEN BECAUSE OF EXCEPTIONAL CIRCUMSTANCES."
SEC. 15. SECTION 8132 OF THE ACT "5 USC 8132." IS AMENDED TO READ AS
FOLLOWS:
"IF AN INJURY OR DEATH FOR WHICH COMPENSATION IS PAYABLE UNDER THIS
SUBCHAPTER IS CAUSED UNDER CIRCUMSTANCES CREATING A LEGAL LIABILITY IN A
PERSON OTHER THAN THE UNITED STATES TO PAY DAMAGES, AND A BENEFICIARY
ENTITLED TO COMPENSATION FROM THE UNITED STATES FOR THAT INJURY OR DEATH
RECEIVES MONEY OR OTHER PROPERTY IN SATISFACTION OF THAT LIABILITY AS
THE RESULT OF SUIT OR SETTLEMENT BY HIM OR IN HIS BEHALF, THE
BENEFICIARY, AFTER DEDUCTING THEREFROM THE COSTS OF SUIT AND A
REASONABLE ATTORNEY'S FEE, SHALL REFUND TO THE UNITED STATES THE AMOUNT
OF COMPENSATION PAID BY THE UNITED STATES AND CREDIT ANY SURPLUS ON
FUTURE PAYMENTS OF COMPENSATION PAYABLE TO HIM FOR THE SAME INJURY. NO
COURT, INSURER, ATTORNEY, OR OTHER PERSON SHALL PAY OR DISTRIBUTE TO THE
BENEFICIARY OR HIS DESIGNEE THE PROCEEDS OF SUCH SUIT OR SETTLEMENT
WITHOUT FIRST SATISFYING OR ASSURING SATISFACTION OF THE INTEREST OF THE
UNITED STATES. THE AMOUNT REFUNDED TO THE UNITED STATES SHALL BE
CREDITED TO THE EMPLOYEES' COMPENSATION FUND. IF COMPENSATION HAS NOT
BEEN PAID TO THE BENEFICIARY, HE SHALL CREDIT THE MONEY OR PROPERTY ON
COMPENSATION PAYABLE TO HIM BY THE UNITED STATES FOR THE SAME INJURY.
HOWEVER, THE BENEFICIARY IS ENTITLED TO RETAIN, AS A MINIMUM, AT LEAST
ONE-FIFTH OF THE NET AMOUNT OF THE MONEY OR OTHER PROPERTY REMAINING
AFTER THE EXPENSES OF A SUIT OR SETTLEMENT HAVE BEEN DEDUCTED; AND IN
ADDITION TO THIS MINIMUM AND AT THE TIME OF DISTRIBUTION, AN AMOUNT
EQUIVALENT TO A REASONABLE ATTORNEY'S FEE PROPORTIONATE TO THE REFUND TO
THE UNITED STATES."
SEC. 16. (A) SUBSECTIONS (A) AND (B) OF SECTION 8133 OF THE ACT "5
USC 8133." ARE AMENDED TO READ AS FOLLOWS:
"(A) IF DEATH RESULTS FROM AN INJURY SUSTAINED IN THE PERFORMANCE OF
DUTY, THE UNITED STATES SHALL PAY A MONTHOY COMPENSATION EQUAL TO A
PERCENTAGE OF THE MONTHLY PAY OF THE DECEASED EMPLOYEE IN ACCORDANCE
WITH THE FOLLOWING SCHEDULE:
"(1) TO THE WIDOW OR WIDOWER, IF THERE IS NO CHILD, 50 PERCENT.
"(2) TO THE WIDOW OR WIDOWER, IF THERE IS A CHILD, 45 PERCENT
AND IN ADDITION 15 PERCENT FOR EACH CHILD NOT TO EXCEED A TOTAL OF
75 PERCENT FOR THE WIDOW OR WIDOWER AND CHILDREN.
"(3) TO THE CHILDREN, IF THERE IS NO WIDOW OR WIDOWER, 40
PERCENT FOR ONE CHILD AND 15 PERCENT ADDITIONAL FOR EACH
ADDITIONAL CHILD NOT TO EXCEED A TOTAL OF 75 PERCENT, DIVIDED
AMONG THE CHILDREN SHARE AND SHARE ALIKE.
"(4) TO THE PARENTS, IF THERE IS NO WIDOW, WIDOWER, OR CHILD,
AS FOLLOWS:
"(A) 25 PERCENT IF ONE PARENT WAS WHOLLY DEPENDENT ON THE
EMPLOYEE AT THE TIME OF DEATH AND THE OTHER WAS NOT DEPENDENT TO
ANY EXTENT;
"(B) 20 PERCENT TO EACH IF BOTH WERE WHOLLY DEPENDENT; OR
"(C) A PROPORTIONATE AMOUNT IN THE DISCRETION OF THE SECRETARY
OF LABOR IF ONE OR BOTH WERE PARTLY DEPENDENT. IF THERE IS A
WIDOW, WIDOWER, OR CHILD, SO MUCH OF THE PERCENTAGES ARE PAYABLE
AS, WHEN ADDED TO THE TOTAL PERCENTAGES PAYABLE TO THE WIDOW,
WIDOWER, AND CHILDREN, WILL NOT EXCEED A TOTAL OF 75 PERCENT.
"(5) TO THE BROTHERS, SISTERS, GRANDPARENTS, AND GRANDCHILDREN,
IF THERE IS NO WIDOW, WIDOWER, CHILD, OR DEPENDENT PARENT AS
FOLLOWS:
"(A) 20 PERCENT IF ONE WAS WHOLLY DEPENDENT ON THE EMPLOYEE AT
THE TIME OF DEATH;
"(B) 30 PERCENT IF MORE THAN ONE WAS WHOLLY DEPENDENT, DIVIDED
AMONG THE DEPENDENTS SHARE AND SHARE ALIKE; OR
"(C) 10 PERCENT IF NO ONE IS WHOLLY DEPENDENT BUT ONE OR MORE
IS PARTLY DEPENDENT, DIVIDED AMONG THE DEPENDENTS SHARE AND SHARE
ALIKE. IF THERE IS A WIDOW, WIDOWER, OR CHILD, OR DEPENDENT
PARENT, SO MUCH OF THE PERCENTAGES ARE PAYABLE AS, WHEN ADDED TO
THE TOTAL PERCENTAGES PAYABLE TO THE WIDOW, WIDOWER, CHILDREN, AND
DEPENDENT PARENTS, WILL NOT EXCEED A TOTAL OF 75 PERCENT.
"(B) THE COMPENSATION PAYABLE UNDER SUBSECTION (A) OF THIS SECTION IS
PAID FROM THE TIME OF DEATH UNTIL--,
"(1) A WIDOW, OR WIDOWER DIES OR REMARRIES BEFORE REACHING AGE
OF 60;
"(2) A CHILD, A BROTHER, A SISTER, OR A GRANDCHILD DIES,
MARRIES, OR BECOMES 18 YEARS OF AGE, OR IF OVER AGE 18 AND
INCAPABLE OF SELF-SUPPORT BECOMES CAPABLE OF SELF-SUPPORT; OR
"(3) A PARENT OR GRANDPARENT DIES, MARRIES, OR CEASES TO BE
DEPENDENT.
NOTWITHSTANDING PARAGRAPH (2) OF THIS SUBSECTION, COMPENSATION PAYABLE
TO OR FOR A CHILD, A BROTHER OR SISTER, OR GRANDCHILD THAT WOULD
OTHERWISE END BECAUSE THE CHILD, BROTHER OR SISTER, OR GRANDCHILD HAS
REACHED 18 YEARS OF AGE SHALL CONTINUE IF HE IS A STUDENT AS DEFINED BY
SECTION 8101 OF THIS TITLE "ANTE, P. 1143." AT THE TIME HE REACHES 18
YEARS OF AGE FOR SO LONG AS HE CONTINUES TO BE SUCH A STUDENT OR UNTIL
HE MARRIES. A WIDOW OR WIDOWER WHO HAS ENTITLEMENTS TO BENEFITS UNDER
THIS TITLE DERIVED FROM MORE THAN ONE HUSBAND OR WIFE SHALL ELECT ONE
ENTITLEMENT TO BE UTILIZED."
(B) SECTION 8135(B) OF THE ACT "5 USC 8135." IS AMENDED BY INSERTING
AFTER "ON REMARRIAGE" THE FOLLOWING: "BEFORE REACHING AGE 60".
SEC. 17. SECTION 8133(E) (1) OF THE ACT "5 USC 8133." IS AMENDED TO
READ AS FOLLOWS:
"(1) THE MONTHLY PAY COMPUTED UNDER SECTION 8114 OF THIS
TITLE, EXCEPT FOR INCREASES AUTHORIZED BY SECTION 8146A OF THIS
TITLE; OR".
SEC. 18. SECTION 8133 OF THE ACT IS AMENDED BE ADDING AT THE END
THEREOF THE FOLLOWING NEW SUBSECTION:
"(F) NOTWITHSTANDING ANY FUNERAL AND BURIAL EXPENSES PAID UNDER
SECTION 8134, "5 USC 8134." THERE SHALL BE PAID A SUM OF $200 TO THE
PERSONAL REPRESENTATIVE OF A DECEASED EMPLOYEE WITHIN THE MEANING OF
SECTION 8101(1) OF THIS TITLE "ANTE, P. 1143." FOR REIMBURSEMENT OF THE
COSTS OF TERMINATION OF THE DECEDENT'S STATUS AS AN EMPLOYEE OF THE
UNITED STATES."
SEC. 19. SECTION 8135(A) (1) OF THE ACT IS AMENDED BY STRIKING OUT
"$5" AND INSERTING IN LIEU THEREOF "$50".
SEC. 20. THE LAST TWO SENTENCES OF SUBSECTION (A) OF SECTION 8135 OF
THE ACT "5 USC 8135." ARE AMENDED TO READ AS FOLLOWS: "THE PROBABILITY
OF THE DEATH OF THE BENEFICIARY BEFORE THE EXPIRATION OF THE PERIOD
DURING WHICH HE IS ENTITLED TO COMPENSATION SHALL BE DETERMINED
ACCORDING TO THE MOST CURRENT UNITED STATES LIFE TABLES, AS DEVELOPED BY
THE UNITED STATES DEPARTMENT HEALTH, EDUCATION, AND WELFARE, WHICH SHALL
BE UPDATED FROM TIME TO TIME, BUT THE LUMP-SUM PAYMENT TO A WIDOW OR
WIDOWER OF THE DECEASED EMPLOYEE MAY NOT EXCEED 60 MONTHS' COMPENSATION.
THE PROBABILITY OF THE HAPPENING OF ANY OTHER CONTINGENCY AFFECTING THE
AMOUNT OF DURATION OF COMPENSATION SHALL BE DISREGARDED."
SEC. 21. SECTION 8146A OF THE ACT "5 USC 8146A." IS AMENDED BY
STRIKING "THIRD" FROM SUBSECTION (A) AND BY STRIKING SUBSECTION (B) AND
INSERTING IN LIEU THEREOF THE FOLOWING:
"(B) THE REGULAR PERIODIC COMPENSATION PAYMENTS AFTER ADJUSTMENT
UNDER THIS SECTION SHALL BE FIXED AT THE NEAREST DOLLAR. HOWEVER, THE
REGULAR PERIODIC COMPENSATION AFTER ADJUSTMENT SHALL REFLECT AN INCREASE
OF AT LEAST $1."
SEC. 22. SUBCHAPTER 1 OF CHAPTER 81 OF THE ACT "5 USC 8101." IS
AMENDED BY ADDING THE FOLLOWING NEW SECTION:
"(A) IN THE EVENT THE INDIVIDUAL RESUMES EMPLOYMENT WITH THE FEDERAL
GOVERNMENT, THE ENTIRE TIME DURING WHICH THE EMPLOYEE WAS RECEIVING
COMPENSATION UNDER THIS CHAPTER SHALL BE CREDITED TO THE EMPLOYEE FOR
THE PURPOSES OF WITHIN-GRADE STEP INCREASES, RETENTION PURPOSES, AND
OTHER RIGHTS AND BENEFITS BASED UPON LENGTH OF SERVICE.
"(B) UNDER REGULATIONS ISSUED BY THE CIVIL SERVICE COMMISSION--,
"(1) THE DEPARTMENT OR AGENCY WHICH WAS THE LAST EMPLOYER SHALL
IMMEDIATELY AND UNCONDITIONALLY ACCORD THE EMPLOYEE, IF THE INJURY
OR DISABILITY HAS BEEN OVERCOME WITHIN ONE YEAR AFTER THE DATE OF
COMMENCEMENT OF COMPENSATION OR FROM THE TIME COMPENSABLE
DISABILITY RECURS IF THE RECURRENCE BEGINS AFTER THE INJURED
EMPLOYEE RESUMES REGULAR FULL-TIME EMPLOYMENT WITH THE UNITED
STATES, THE RIGHT TO RESUME HIS FORMER OR AN EQUIVALENT POSITION,
AS WELL AS ALL OTHER ATTENDANT RIGHTS WHICH THE EMPLOYEE WOULD
HAVE HAD, OR ACQUIRED, IN HIS FORMER POSITION HAD HE NOT BEEN
INJURED OR DISABLED, INCLUDING THE RIGHTS TO TENURE, PROMOTION,
AND SAFEGUARDS IN REDUCTIONS-IN-FORCE PROCEDURES, AND
"(2) THE DEPARTMENT OR AGENCY WHICH WAS THE LAST EMPLOYER
SHALL, IF THE INJURY OR DISABILITY IS OVERCOME WITHIN A PERIOD OF
MORE THAN ONE YEAR AFTER THE DATE OF COMMENCEMENT OF COMPENSATION,
MAKE ALL REASONABLE EFFORTS TO PLACE, AND ACCORD PRIORITY TO
PLACING, THE EMPLOYEE IN HIS FORMER OR EQUIVALENT POSITION WITHIN
SUCH DEPARTMENT OR AGENCY, OR WITHIN ANY OTHER DEPARTMENT OR
AGENCY."
(C) SECTION 3315A OF TITLE 5, UNITED STATES CODE, IS REPEALED UPON
THE EFFECTIVE DATE OF THIS SECTION.
SEC. 23. (A) THE TABLE OF CONTENTS OF CHAPTER 81 OF THE ACT IS
AMENDED BY THE ADDITION OF THE FOLLOWING:
"8151. CIVIL SERVICE RETENTION RIGHTS.".
(B) SECTION 8142(C) (2) OF THE ACT "5 USC 8142." IS AMENDED BY ADDING
AFTER "TITLE 22" THE PHRASE ", OR A VOLUNTEER WITH ONE OR MORE MINOR
CHILDREN AS DEFINED IN SECTION 2504 OF TITLE 22,".
SEC. 24. SECTION 8146A OF THE ACT "ANTE, P. 1149." IS AMENDED BY
ADDING AT THE END THEREOF THE FOLLOWING NEW SUBSECTION:
"(C) THIS SECTION SHALL BE APPLICABLE TO PERSONS EXCLUDED BY SECTION
15 OF THE FEDERAL EMPLOYEES' COMPENSATION ACT AMENDMENTS OF 1966 (PUBLIC
LAW 89 - 488) UNDER THE FOLLOWING STATUTES: ACT OF FEBRUARY 15, 1934
(48 STAT. 351); ACT OF JUNE 26, 1936 (49 STAT. 2035); ACT OF APRIL 8,
1935 (49 STAT. 115); ACT OF JULY 25, 1942 (56 STAT. 710); PUBLIC LAW
84 - 955 (AUGUST 3, 1956); PUBLIC LAW 77 - 784 (DECEMBER 2, 1942);
PUBLIC LAW 84 - 879 (AUGUST 1, 1956); PUBLIC LAW 80 - 896 (JULY 3,
1948); ACT OF SEPTEMBER 8, 1959 (73 STAT. 469). "53 USC APP. 2001
NOTE." BENEFIT PAYMENTS TO THESE PERSONS SHALL INITIALLY BE INCREASED BY
THE TOTAL PERCENTAGE OF THE INCREASES IN THE PRICE INDEX FROM THE BASE
MONTH OF JULY 1966, TO THE NEXT MOST RECENT BASE MONTH FOLLOWING THE
EFFECTIVE DATE OF THIS SUBSECTION."
SEC. 25. SECTION 8147 OF THE ACT "5 USC 8147." IS AMENDED BY ADDING
AFTER THE FIRST COMMA IN SUBSECTION (C) THE FOLLOWING: "THE UNITED
STATES POSTAL SERVICE, OR"
SEC. 26. SECTION 8147(A) OF THE ACT IS AMENDED BY STRIKING OUT
"BUREAU OF THE BUDGET" AND INSERTING IN LIEU THEREOF "OFFICE OF
MANAGEMENT AND BUDGET".
SEC. 27. THE SECRETARY OF LABOR SHALL CONDUCT A STUDY OF THE
PROVISIONS OF THE ACT "5 USC 8101 NOTE." AND THE PROGRAMS THEREUNDER,
WHICH SHALL INCLUDE, BUT IS NOT NECESSARILY LIMITED TO--,
(1) SUCH HEARINGS, RESEARCH, AND OTHER ACTIVITIES AS THE
SECRETARY OF LABOR DEEMS NECESSARY IN ORDER TO ENABLE HIM TO
FORMULATE APPROPRIATE RECOMMENDATIONS,
(2) SPECIFIC EXAMINATION OF THE NEED OF GRANTING THE SECRETARY
OF LABOR THE AUTHORITY TO INCREASE THE ALLOWANCE FOR SERVICES OF
ATTENDANTS UNDER SECTION 8111(A) OF THE ACT "ANTE, P. 1145." ABOVE
THE MAXIMUM AMOUNT FIXED UNDER SUCH SECTION WHERE EXCEPTIONAL
CIRCUMSTANCES EXIST,
(3) AN EXAMINATION AND EVALUATION OF THE EFFECTIVENESS OF THE
ACT, AND
(4) RECOMMENDATIONS REGARDING SURVIVOR BENEFITS.
THE SECRETARY OF LABOR SHALL REPORT THE RESULTS OF SUCH STUDY, TOGETHER
WITH HIS FINDINGS AND RECOMMENDATIONS, TO THE CONGRESS NOT LATER THAN 12
MONTHS AFTER THE DATE OF THE ENACTMENT OF THIS ACT.
SEC. 28. (A) EXCEPT AS OTHERWISE PROVIDED BY THIS SECTION THIS ACT
SHALL TAKE EFFECT ON THE DATE OF ENACTMENT AND BE APPLICABLE TO ANY
INJURY OR DEATH OCCURRING ON OR AFTER SUCH EFFECTIVE DATE. THE
AMENDMENTS MADE BY SECTIONS 1 (B) AND (C), 2, 3, 7, (A) AND (B), 8 (A)
AND (B), 9, 16 (A) AND (B), 17, 19, 20, 21, 22, 24, AND 25 SHALL BE
APPLICABLE TO CASES WHERE THE INJURY OR DEATH OCCURRED PRIOR TO THE DATE
TO ENACTMENT BUT THE PROVISIONS OF THESE SECTIONS SHALL BE APPLICABLE
ONLY TO A PERIOD BEGINNING ON OR AFTER THE DATE OF ENACTMENT. "5 USC
8101 NOTE."
(B) SECTION 11 OF THIS ACT SHALL BECOME EFFECTIVE 60 DAYS FROM
ENACTMENT AND BE APPLICABLE TO ANY UNJURY OCCURRING ON OR AFTER SUCH
EFFECTIVE DATE. "5 USC 8118 NOTE."
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1025 (COMM. ON EDUCATION AND LABOR).
SENATE REPORT NO. 93 - 1081 (COMM. ON LABOR AND PUBLIC WELFARE).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAY 7, CONSIDERED AND PASSED HOUSE.
AUG. 12, CONSIDERED AND PASSED SENATE, AMENDED.
AUG. 19, HOUSE CONCURRED IN SENATE AMENDMENTS.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VOL. 10, NO. 37:
SEPT. 8, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-415, 88 STAT 1109 JUVENILE JUSTICE AND DELINQUENCY
PREVENTION 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 "JUVENILE AND DELINQUENCY PREVENTION ACT OF 1974". "42 USC
5601 NOTE."
FINDINGS "42 USC 5601."
SEC. 101. (A) THE CONGRESS HEREBY FINDS THAT--,
(1) JUVENILES ACCOUNT FOR ALMOST HALF THE ARRESTS FOR SERIOUS
CRIMES IN THE UNITED STATES TODAY;
(2) UNDERSTAFFED, OVERCROWDED JUVENILE COURTS, PROBATION
SERVICES, AND CORRECTIONAL FACILITIES ARE NOT ABLE TO PROVIDE
INDIVIDUALIZED JUSTICE OR EFFECTIVE HELP;
(3) PRESENT JUVENILE COURTS, FOSTER AND PROTECTIVE CARE
PROGRAMS, AND SHELTER FACILITIES ARE INADEQUATE TO MEET THE NEEDS
OF THE COUNTLESS, ABANDONED, AND DEPENDENT CHILDREN, WHO, BECAUSE
OF THIS FAILURE TO PROVIDE EFFECTIVE SERVICES, MAY BECOME
DELINQUENTS;
(4) EXISTING PROGRAMS HAVE NOT ADEQUATELY RESPONDED TO THE
PARTICULAR PROBLEMS OF THE INCREASING NUMBERS OF YOUNG PEOPLE WHO
ARE ADDICTED TO OR WHO ABUSE DRUGS, PARTICULARLY NONPIATE OR
POLYDRUG ABUSERS;
(5) JUVENILE DELINQUENCY CAN BE PREVENTED THROUGH PROGRAMS
DESIGNED TO KEEP STUDENTS IN ELEMENTARY AND SECONDARY SCHOOLS
THROUGH THE PREVENTION OF UNWARRANTED AND ARBITRARY SUSPENSIONS
AND EXPULSIONS;
(6) STATES AND LOCAL COMMUNITIES WHICH EXPERIENCE DIRECTLY THE
DEVASTATING FAILURES OF THE JUVENILE JUSTICE SYSTEM DO NOT
PRESENTLY HAVE SUFFICIENT TECHNICAL EXPERTISE OR ADEQUATE
RESOURCES TO DEAL COMPREHENSIVELY WITH THE PROBLEMS OF JUVENILE
DELINQUENCY; AND
(7) EXISTING FEDERAL PROGRAMS HAVE NOT PROVIDED THE DIRECTION,
COORDINATION, RESOURCES, AND LEADERSHIP REQUIRED TO MEET THE
CRISIS OF DELINQUENCY.
(B) CONGRESS FINDS FURTHER THAT THE HIGH INCIDENCE OF DELINQUENCY IN
THE UNITED STATES TODAY RESULTS IN ENORMOUS ANNUAL COST AND IMMEASURABLE
LOSS OF HUMAN LIFE, PERSONAL SECURITY, AND WASTED HUMAN RESOURCES AND
THAT JUVENILE DELINQUENCY CONSTITUTES A GROWING THREAT TO THE NATIONAL
WELFARE REQUIRING IMMEDIATE AND COMPREHENSIVE ACTION BY THE FEDERAL
GOVERNMENT TO REDUCE AND PREVENT DELINQUENCY.
PURPOSE "42 USC 5602."
SEC. 102. (A) IT IS THE PURPOSE OF THIS ACT--,
(1) TO PROVIDE FOR THE THOROUGH AND PROMPT EVALUATION OF ALL
FEDERALLY ASSISTED JUVENILE DELINQUENCY PROGRAMS;
(2) TO PROVIDE TECHNICAL ASSISTANCE TO PUBLIC AND PRIVATE
AGENCIES, INSTITUTIONS, AND INDIVIDUALS IN DEVELOPING AND
IMPLEMENTING JUVENILE DELINQUENCY PROGRAMS;
(3) TO ESTABLISH TRAINING PROGRAMS FOR PERSONS, INCLUDING
PROFESSIONALS, PARAPROFESSIONALS, AND VOLUNTEERS, WHO WORK WITH
DELINQUENTS OR POTENTIAL DELINQUENTS OR WHOSE WORK OR ACTIVITIES
RELATE TO JUVENILE DELINQUENCY PROGRAMS;
(4) TO ESTABLISH A CENTRALIZED RESEARCH EFFORT ON THE PROBLEMS
OF JUVENILE DELINQUENCY, INCLUDING AN INFORMATION CLEARINGHOUSE TO
DISSEMINATE THE FINDINGS OF SUCH RESEARCH AND ALL DATA RELATED TO
JUVENILE DELINQUENCY;
(5) TO DEVELOP AND ENCOURAGE THE IMPLEMENTATION OF NATIONAL
STANDARDS FOR THE ADMINISTRATION OF JUVENILE JUSTICE, INCLUDING
RECOMMENDATIONS FOR ADMINISTRATIVE, BUDGETARY, AND LEGISLATIVE
ACTION AT THE FEDERAL, STATE, AND LOCAL LEVEL TO FACILITATE THE
ADOPTION OF SUCH STANDARDS;
(6) TO ASSIST STATES AND LOCAL COMMUNITIES WITH RESOURCES TO
DEVELOP AND IMPLEMENT PROGRAMS TO KEEP STUDENTS IN ELEMENTARY AND
SECONDARY SCHOOLS AND TO PREVENT UNWARRANTED AND ARBITRARY
SUSPENSIONS AND EXPULSIONS; AND
(7) TO ESTABLISH A FEDERAL ASSISTANCE PROGRAM TO DEAL WITH THE
PROBLEMS OF RUNAWAY YOUTH.
(B) IT IS THEREFORE THE FURTHER DECLARED POLICY OF CONGRESS TO
PROVIDE THE NECESSARY RESOURCES, LEADERSHIP, AND COORDINATION (1) TO
DEVELOP AND IMPLEMENT EFFECTIVE METHODS OF PREVENTING AND REDUCING
JUVENILE DELINQUENCY; (2) TO DEVELOP AND CONDUCT EFFECTIVE PROGRAMS TO
PREVENT DELINQUENCY, TO DIVERT JUNEVILES FROM THE TRADITIONAL JUVENILE
JUSTICE SYSTEM AND TO PROVIDE CRITICALLY NEEDED ALTERNATIVES TO
INSTITUTIONALIZATION; (3) TO IMPROVE THE QUALITY OF JUVENILE JUSTICE IN
THE UNITED STATES; AND (4) TO INCREASE THE CAPACITY OF STATE AND LOCAL
GOVERNMENTS AND PUBLIC AND PRIVATE AGENCIES TO CONDUCT EFFECTIVE
JUVENILE JUSTICE AND DELINQUENCY PREVENTION AND REHABILITATION PROGARMS
AND TO PROVIDE RESEARCH, EVALUATION, AND TRAINING SERVICES IN THE FIELD
OF JUVENILE DELINQUENCY PREVENTION.
DEFINITIONS "42 USC 5603."
SEC. 103. FOR PURPOSES OF THIS ACT--,
(1) THE TERM "COMMUNITY BASED" FACILITY, PROGRAM, OR SERVICE
MEANS A SMALL, OPEN GROUP HOME OR OTHER SUITABLE PLACE LOCATED
NEAR THE JUVENILE'S HOME OR FAMILY PROGRAMS OF COMMUNITY
SUPERVISION AND SERVICE WHICH MAINTAIN COMMUNITY AND CONSUMER
PARTICIPATION IN THE PLANNING OPERATION, AND EVALUATION OF THEIR
PROGRAMS WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, MEDICAL,
EDUCATIONAL, VOCATIONAL, SOCIAL, AND PSYCHOLOGICAL GUIDANCE,
TRAINING, COUNSELING, ALCOHOLISM TREATMENT, DRUG TREATMENT, AND
OTHER REHABILITATIVE SERVICES;
(2) THE TERM "FEDERAL JUVENILE DELINQUENCY PROGRAM" MEANS ANY
JUVENILE DELINQUENCY PROGRAM WHICH IS CONDUCTED, DIRECTLY, OR
INDIRECTLY, OR IS ASSISTED BY ANY FEDERAL DEPARTMENT OR AGENCY,
INCLUDING ANY PROGRAM FUNDED UNDER THIS ACT;
(3) THE TERM "JUNVENILE DELINQUENCY PROGRAM" MEANS ANY PROGARM
OR ACTIVITY RELATED TO JUVENILE DELINQUENCY PREVENTION, CONTROL,
DIVERSION, TREATMENT, REHABILITATION, PLANNING, EDUCATION,
TRAINING, AND RESEARCH, INCLUDING DRUG AND ALCOHOL ABUSE PROGRAMS;
THE IMPROVEMENT OF THE JUVENILE JUSTICE SYSTEM; AND ANY PROGRAM
OR ACTIVITY FOR NEGLECTED, ABANDONED, OR DEPENDENT YOUTH AND OTHER
YOUTH WHO ARE IN DANGER OF BECOMING DELINQUENT;
(4) THE TERM "LAW ENFORCEMENT ASSISTANCE ADMINISTRATION" MEANS
THE AGENCY ESTABLISHED BY SECTION 101 (A) OF THE OMNIBUS CRIME
CONTROL AND SAFE STREETS ACT OF 1968, AS AMENDED; "42 USC 3711."
(5) THE TERM "ADMINISTRATOR" MEANS THE AGENCY HEAD DESIGNATED
BY SECTION 101 (B) OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS
ACT OF 1968, AS AMENDED; "42 USC 3711."
(6) THE TERM "LAW ENFORCEMENT AND CRIMINAL JUSTICE" MEANS ANY
ACTIVITY PERTAINING TO CRIME PREVENTION, CONTROL, OR REDUCTION OR
THE ENFORCEMENT OF THE CRIMINAL LAW, INCLUDING, BUT NOT LIMITED TO
POLICE EFFORTS TO PREVENT, CONTROL, OR REDUCE CRIME OR TO
APPREHEND CRIMINALS, ACTIVITIES OR COURTS HAVING CRIMINAL
JURISDICTION AND RELATED AGENCIES (INCLUDING PROSECUTORIAL AND
DEFENDER SERVICES, ACTIVITIES OF CORRECTIONS, PROBATION, OR PAROLE
AUTHORITIES, AND PROGRAMS RELATING TO THE PREVENTION, CONTROL, OR
REDUCTION OF JUVENILE DELINQUENCY OR NARCOTIC ADDICTION;
(7) THE TERM "STATE" MEANS ANY STATE OF THE UNITED STATES, THE
DISTRICT OF COLUMBIA, THE COMMONWEALTH OF PUERTO RICO, THE TRUST
TERRITORY OF THE PACIFIC ISLANDS, AND ANY TERRITORY OR POSSESSION
OF THE UNITED STATES;
(8) THE TERM "UNIT OF GENERAL LOCAL GOVERNMENT" MEANS ANY CITY,
COUNTY, TOWNSHIP, TOWN, BOROUGH, PARISH, VILLAGE, OR OTHER GENERAL
PURPOSE POLITICAL SUBDIVISION OF A STATE, AN INDIAN TRIBE WHICH
PERFORMS LAW ENFORCEMENT FUNCTIONS AS DETERMINED BY THE SECRETARY
OF THE INTERIOR, OR, FOR THE PURPOSE OF ASSISTANCE ELIGIBILITY,
ANY AGENCY OF THE DISTRICT OF COLUMBIA GOVERNMENT PERFORMING LAW
ENFORCEMENT FUNCTIONS IN AND FOR THE DISTRICT OF COLUMBIA AND
FUNDS APPROPRIATED BY THE CONGRESS FOR THE ACTIVITIES OF SUCH
AGENCY MAY BE USED TO PROVIDE THE NON-FEDERAL SHARE OF THE COST OF
PROGRAMS OR PROJECTS FUNDED UNDER THIS TITLE;
(9) THE TERM "COMBINATION" AS APPLIED TO STATES OR UNITS OF
GENERAL LOCAL GOVERNMENT MEANS ANY GROUPING OR JOINING TOGETHER OF
SUCH STATES OR UNITS FOR THE PURPOSE OF PREPARING, DEVELOPING, OR
IMPLEMENTING A LAW ENFORCEMENT PLAN;
(10) THE TERM "CONSTRUCTION" MEANS ACQUISITION, EXPANSION,
REMODELING, AND ALTERATION OF EXISTING BUILDINGS, AND INITIAL
EQUIPMENT OF ANY SUCH BUILDINGS, OR ANY COMBINATION OF SUCH
ACTIVITIES (INCLUDING ARCHITECTS' FEES BUT NOT THE COST OF
ACQUISITION OF LAND FOR BUILDINGS);
(11) THE TERM "PUBLIC AGENCY" MEANS ANY STATE, UNIT OF LOCAL
GOVERNMENT, COMBINATION OF SUCH STATES OR UNITS, OR ANY
DEPARTMENT, AGENCY, OR INSTRUMENTALITY OF ANY OF THE FOREGOING;
(12) THE TERM "CORRECTIONAL INSTITUTION OR FACILITY" MEANS ANY
PLACE FOR THE CONFINEMENT OR REHABILITATION OF JUVENILE OFFENDERS
OR INDIVIDUALS CHARGED WITH OR CONVICTED OF CRIMINAL OFFENSES;
AND
(13) THE TERM "TREATMENT" INCLUDES BUT IS NOT LIMITED TO
MEDICAL, EDUCATIONAL, SOCIAL, PSYCHOLOGICAL, AND VOCATIONAL
SERVICES, CORRECTIVE AND PREVENTIVE GUIDANCE AND TRAINING, AND
OTHER REHABILITATIVE SERVICES DESIGNED TO PROTECT THE PUBLIC AND
BENEFIT THE ADDICT OR OTHER USER BY ELIMINATING HIS DEPENDENCE ON
ADDICTING OR OTHER DRUGS OR BY CONTROLLING HIS DEPENDENCE, AND HIS
SUSCEPTIBILITY TO ADDICTION OR USE.
ESTABLISHMENT OF OFFICE "42 USC 5611."
SEC. 201. (A) THERE IS HEREBY CREATED WITHIN THE DEPARTMENT OF
JUSTICE, LAW ENFORCEMENT ASSISTANCE ADMINISTRATION, THE OFFICE OF
JUVENILE JUSTICE AND DELINQUENCY PREVENTION (REFERRED TO IN THIS ACT AS
THE "OFFICE").
(B) THE PROGRAMS AUTHORIZED PURSUANT TO THIS ACT UNLESS OTHERWISE
SPECIFIED IN THIS ACT SHALL BE ADMINISTERED BY THE OFFICE ESTABLISHED
UNDER THIS SECTION.
(C) THERE SHALL BE AT THE HEAD OF THE OFFICE AN ASSISTANT
ADMINISTRATOR WHO SHALL BE NOMINATED BY THE PRESIDENT BY AND WITH THE
ADVICE AND CONSENT OF THE SENATE.
(D) THE ASSISTANT ADMINISTRATOR SHALL EXERCISE ALL NECESSARY POWERS,
SUBJECT TO THE DIRECTION OF THE ADMINISTRATOR OF THE LAW ENFORCEMENT
ASSISTANCE ADMINISTRATION.
(E) THERE SHALL BE IN THE OFFICE A DEPUTY ASSISTANT ADMINISTRATOR WHO
SHALL BE APPOINTED BY THE ADMINISTRATOR OF THE LAW ENFORCEMENT
ASSISTANCE ADMINISTRATION. THE DEPUTY ASSISTANT ADMINISTRATOR SHALL
PERFORM SUCH FUNCTIONS AS THE ASSISTANT ADMINISTRATOR FROM TIME T TIME
ASSIGNS OR DELEGATES, AND SHALL ACT AS ASSISTANT ADMINISTRATOR DURING
THE ABSENCE OR DISABILITY OF THE ASSISTANT ADMINISTRATOR OR IN THE EVENT
OF A VACANCY IN THE OFFICE OF THE ASSISTANT ADMINISTRATOR.
(F) THERE SHALL BE ESTABLISHED IN THE OFFICE A DEPUTY ASSISTANT
ADMINISTRATOR WHO SHALL BE APPOINTED BY THE ADMINISTRATOR WHOSE FUNCTION
SHALL BE TO SUPERVISE AND DIRECT THE NATIONAL INSTITUTE FOR JUNVENILE
JUSTICE AND DELINQUENCY PREVENTION ESTABLISHED UNDER SECTION 241 OF THIS
ACT. "POST, P. 1125."
(G) SECTION 5108(C) (10) OF TITLE 5, UNITED STATES CODE FIRST
OCCURENCE, IS AMENDED BY DELETING THE WORD "TWENTY-TWO" AND INSERTING IN
LIEU THEREOF THE WORD "TWENTY-FIVE".
PERSONNEL, SPECIAL PERSONNEL, EXPERTS, AND CONSULTANTS
"42 USC 5612."
SEC. 202. (A) THE ADMINISTRATOR IS AUTHORIZED TO SELECT, EMPLOY, AND
FIX THE COMPENSATION OF SUCH OFFICERS AND EMPLOYEES, INCLUDING
ATTORNEYS, AS ARE NECESSARY TO PERFORM THE FUNCTIONS VESTED IN HIM AND
TO PRESCRIBE THEIR FUNCTIONS.
(B) THE ADMINISTRATOR IS AUTHORIZED TO SELECT, APPOINT, AND EMPLOY
NOT TO EXCEED THREE OFFICERS AND TO FIX THEIR COMPENSATION AT RATES NOT
TO EXCEED THE RATE NOW OR HEREAFTER PRESCRIBED FOR GS-18 OF THE GENERAL
SCHEDULE BY SECTION 5332 OF TITLE 5 OF THE UNITED STATES CODE. "5 USC
5332 NOTE."
(C) UPON THE REQUEST OF THE ADMINISTRATOR, THE HEAD OF ANY FEDERAL
AGENCY IS AUTHORIZED TO DETAIL, ON A REIMBURSABLE BASIS, ANY OF ITS
PERSONNEL TO THE ASSISTANT ADMINISTRATOR TO ASSIST HIM IN CARRYING OUT
HIS FUNCTIONS UNDER THIS ACT.
(D) THE ADMINISTRATOR MAY OBTAIN SERVICES AS AUTHORIZED BY SECTION
3109 OF TITLE 5 OF THE UNITED STATES CODE, "80 STAT. 416." AT RATES NOT
TO EXCEED THE RATE NOW OR HEREAFTER PRESCRIBED FOR GS-18 OF THE GENERAL
SCHEDULE BY SECTION 5332 OF TITLE I OF THE UNITEDSTATES CODE. "5 USC
5332 NOTE."
VOLUNTARY SERVICE "42 USC 5613."
SEC. 203. THE ADMINISTRATOR IS AUTHORIZED TO ACCEPT AND EMPLOY, IN
CARRYING OUT THE PROVISIONS OF THIS ACT, VOLUNTARY AND UNCOMPENSATED
SERVICES NOTWITHSTANDING THE PROVISIONS OF SECTION 3679(B) OF THE
REVISED STATUTES (31 U.S.C. 665(B)).
CONCENTRATION OF FEDERAL EFFORTS "42 USC 5614."
SEC. 204. (A) THE ADMINISTRATOR SHALL IMPLEMENT OVERALL POLICY AND
DEVELOP OBJECTIVES AND PRIORITIES FOR ALL FEDERAL JUVENILE DELINQUENCY
PROGRAMS AND ACTIVITIES RELATING TO PREVENT, DIVERSION, TRAINING,
TREATMENT, REHABILITATION, EVALUATION, RESEARCH, AND IMPROVEMENT OF THE
JUVENILE JUSTICE SYSTEM IN THE UNITED STATES. IN CARRYING OUT HIS
FUNCTIONS, THE ADMINISTRATOR SHALL CONSULT WITH THE COUNCIL AND THE
NATIONAL ADVISORY COMMITTEE FOR JUVENILE JUSTICE AND DELINQUENCY
PREVENTION.
(B) IN CARRYING OUT THE PURPOSES OF THIS ACT, THE ADMINISTRATOR
SHALL--,
(1) ADVISE THE PRESIDENT THROUGH THE ATTORNEY GENERAL AS TO ALL
MATTERS RELATING TO FEDERALLY ASSISTED JUVENILE DELINQUENCY
PROGRAMS AND FEDERAL POLICIES REGARDING JUVENILE DELINQUENCY;
(2) ASSIST OPERATING AGENCIES WHICH HAVE DIRECT
RESPONSIBILITIES FOR THE PREVENTION AND TREATMENT OF JUVENILE
DELINQUENCY IN THE DEVELOPMENT AND PROMULGATION OF REGULATIONS,
GUIDELINES, REQUIREMENTS, CRITERIA, STANDARDS, PROCEDURES, AND
BUDGET REQUESTS IN ACCORDANCE WITH THE POLICIES, PRIORITIES, AND
OBJECTIVES HE ESTABLISHES;
(3) CONDUCT AND SUPPORT EVALUATIONS AND STUDIES OF THE
PERFORMANCE AND RESULTS ACHIEVED BY FEDERAL JUVENILE DELINQUENCY
PROGRAMS AND ACTIVITIES AND OF THE PROSPECTIVE PERFORMANCE AND
RESULTS THAT MIGHT BE ACHIEVED BY ALTERNATIVE PROGRAMS AND
ACTIVITIES SUPPLEMENTARY TO OR IN LIEU OF THOSE CURRENTLY BEING
ADMINISTERED;
(4) IMPLEMENT FEDERAL JUVENILE DELINQUENCY PROGRAMS AND
ACTIVITIES AMONG FEDERAL DEPARTMENTS AND AGENCIES AND BETWEEN
FEDERAL JUVENILE DELINQUENCY PROGRAMS AND ACTIVITIES AND OTHER
FEDERAL PROGRAMS AND ACTIVITIES WHICH HE DETERMINES MAY HAVE AN
IMPORTANT BEARING ON THE SUCCESS OF THE ENTIRE FEDERAL JUVENILE
DELINQUENCY EFFORT;
(5) DEVELOP ANNUALLY WITH THE ASSISTANCE OF THE ADVISORY
COMMITTEE AND SUBMIT TO THE PRESIDENT AND THE CONGRESS, AFTER THE
FIRST YEAR THE LEGISLATION IS ENACTED , PRIOR TO SEPTEMBER 30, AN
ANALYSIS AND EVALUATION OF FEDERAL JUNEVILE DELINQUENCY PROGRAMS
CONDUCTED AND ASSISTED BY FEDERAL DEPARTMENTS AND AGENCIES, THE
EXPENDITURES MADE, THE RESULTS ACHIEVED, THE PLANS DEVELOPED, AND
PROBLEMS IN THE OPERATIONS, AND COORDINATION OF SUCH PROGRAMS.
THE REPORT SHALL INCLUDE RECOMMENDATIONS FOR MODIFICATIONS IN
ORGANIZATION, MANAGEMENT, PERSONNEL, STANDARDS BUDGET REQUESTS,
AND IMPLEMENTATION PLANS NECESSARY TO INCREASE THE EFFECTIVENESS
OF THESE PROGRAMS;
(6) DEVELOP ANNUALLY WITH THE ASSISTANCE OF THE ADVISORY
COMMITTEE AND SUBMIT TO THE PRESIDENT AND THE CONGRESS, AFTER THE
FIRST YEAR THE LEGISLATION IS ENACTED, PRIOR TO MARCH 1, A
COMPREHENSIVE PLAN FOR FEDERAL JUVENILE DELINQUENCY PROGRAMS, WITH
PARTICULAR EMPHASIS ON THE PREVENTION OF JUVENILE DELINQUENCY AND
THE DEVELOPMENT OF PROGRAMS AND SERVICES EHICH WILL ENCOURAGE
INCREASED DIVERSION OF JUVENILES FROM THE TRADITIONAL JUVENILE
JUSTICE SYSTEM; AND
(7) PROVIDE TECHNICAL ASSISTANCE TO FEDERAL, STATE, AND LOCAL
GOVERNMENTS, COURTS, PUBLIC AND PRIVATE AGENCIES, INSTITUTIONS,
AND INDIVIDUALS, IN THE PLANNING, ESTABLISHMENT, FUNDING ,
OPERATION, OR EVALUATION OF JUVENILE DELINQUENCY PROGRAMS.
(C) THE PRESIDENT SHALL, NO LATER THAN NINETY DAYS AFTER RECEIVING
EACH ANNUAL REPORT UNDER SUBSECTION (B) (5), SUBMIT A REPORT TO THE
CONGRESS AND TO THE COUNCIL CONTAINING A DETAILED STATEMENT OF ANY
ACTION TAKEN OR ATICIP ATED WITH RESPECT TO RECOMMENDATION MADE BY EACH
SUCH ANNUAL REPORT.
(B) (1) THE FIRST ANNUAL REPORT SUBMITTED TO THE PRESIDENT AND THE
CONGRESS BY THE ADMINISTRATOR UNDER SUBSECTION (B) (5) SHA CONTAIN, IN
ADDITION TO INFORMATION REQUIRED TO SUBSECTION (B) (5), A DETAILED
STATEMENT OF CRITERIA DEVELOPED BY THE ADMINISTRATOR FOR IDENTIFYING THE
CHARACTERISTICS OF JUVENILE DELINQUENCY, JUVENILE DELINQUENCY
PREVENTION, DIVERSION OF YOUTHS FROM THE JUVENILE JUSTICE SYSTEM, AND
THE TRAINING, TREATMENT, AND REHABILITATION OF JUVENILE DELINQUENTS.
(2) THE SECOND SUCH ANNUAL REPORT SHALL CONTAIN, IN ADDITION TO
INFORMATION REQUIRED BY SUBSECTION (B) (5), AN IDENTIFICATION OF FEDERAL
PROGRAMS WHICH ARE RELATED TO JUVENILE DELINQUENCY PREVENTION OR
TREATMENT, TOGETHER WITH A STATEMENT OF THE MONEYS EXPENDED FOR EACH
SUCH PROGRAM DURING THE MOST RECENT COMPLETE FISCAL YEAR. SUCH
IDENTIFICATION SHALL BE MADE BY THE ADMINISTRATOR THROUGH THE USE OF
CRITERIA DEVELOPED UNDER PARAGRAPH (1).
(E) THE THIRD SUCH ANNUAL REPORT SUBMITTED TO THE PRESIDENT AND THE
CONGRESS BY THE ADMINISTRATOR UNDER SUBSECTION (B) (6) SHALL CONTAIN, IN
ADDITION TO THE COMPREHENSIVE PLAN REQUIRED BY SUBSECTION (B) (6), A
DETAILED STATEMENT OF PROCEDURE TO BE USED WITH RESPECT TO THE
SUBMISSION OF JUVENILE DELINQUENCY DEVELOPMENT STATEMENTS TO THE
ADMINISTRATOR BY FEDERAL AGENCIES UNDER SUBSECTION ("1"). SUCH
STATEMENT SUBMITTED BY THE ADMINISTRATOR SHALL INCLUDE A DESCRIPTION OF
INFORMATION, DATA, AND ANALYSES WHICH SHALL BE CONTAINED IN EACH SUCH
DEVELOPMENT STATEMENT.
(F) THE ADMINISTRATOR MAY REQUIRE, THROUGH APPROPRIATE AUTHORITY,
DEPARTMENTS AND AGENCIES ENGAGED IN ANY ACTIVITY INVOLVING ANY FEDERAL
JUVENILE DELINQUENCY PROGRAM TO PROVIDE HIM WITH SUCH INFORMATION AND
REPORTS, AND TO CONDUCT SUCH STUDIES AND SURVEYS, AS HE MAY DEEM TO BE
NECESSARY TO CARRY OUTTHE PURPOSES OF THIS PART.
(G) THE ADMINISTRATOR MAY DELEGATE ANY OF HIS FUNCTIONS UNDER THIS
PART, EXCEPT THE MAKING OF REGULATIONS, TO ANY OFFICER OR EMPLOYEE OFJ
THE ADMINISTRATION.
(H) THE ADMINISTRATOR IS AUTHORIZED TO UTILIZE THE SERVICES AND
FACILITIES OF ANY AGENCY OF THE FEDERAL GOVERNMENT AND OF ANY OTHER
PUBLIC AGENCY OR INSTITUTION IN ACCORDANCE WITH APPROPRIATE AGREEMENTS,
AND TO PAY FOR SUCH SERVICES EITHER IN ADVANCE OR BY WAY OF
REIMBURSEMENT AS MAY BE AGREED UPON.
(I) THE ADMINISTRATOR IS AUTHORIZED TO TRANSFER FUNDS APPROPRIATED
UNDER THIS TITLE TO ANY AGENCY OF THE FEDERAL GOVERNMENT TO DEVELOP OR
DEMONSTRATE NEW METHODS IN JUVENILE DELINQUENCY PREVENTION AND
REHABILITATION AND TO SUPPLEMENT EXISTING DELINQUENCY PREVENTION AND
REHABILITATION PROGRAMS WHICH THE ASSSISTANT ADMINISTRATOR FINDS TO BE
EXCEPTIONALLY EFFECTIVE OR FOR WHICH HE FINDS THERE EXISTS EXCEPTIONAL
NEED.
(J) THE ADMINISTRATOR IS AUTHORIZED TO MAKE GRANTS TO, OR ENTER INTO
CONTRACTS WITH, ANY PUBLIC OR PRIVATE AGENCY, INSTITUTION, OR INDIVIDUAL
TO CARRY OUT THE PURPOSES OF THIS PART.
(K) ALL FUNCTIONS OF THE ADMINISTRATOR UNDER THIS PART SHALL BE
COORDINATED AS APPROPRIATE WITH THE FUNCTIONS OF THE SECRETARY OF THE
DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE UNDER THE JUVENILE
DELINQUENCY PREVENTION ACT (42 U.S.C. 3801 ET. SEQ.).
(I) (1) THE ADMINISTRATOR SHALL REQUIRE THROUGH APPROPRIATE AUTHORITY
EACH FEDERAL AGENCY WHICH ADMINISTERS A FEDERAL JUVENILE DELINQUENCY
PROGRAM WHICH MEETS ANY CRITERION DEVELOPED BY THE ADMINISTRATOR UNDER
SECTION 204 (D) (1) TO SUBMIT ANNUALLY TO THE COUNCIL A JUVENILE
DELINQUENCY DEVELOPMENT STATEMENT. SUCH STATEMENT SHALL BE IN ADDITION
TO ANY INFORMATION, REPORT, STUDY, OR SURVEY WHICH THE ADMINISTRATOR MAY
REQUIRE UNDER SECTION 204 (F).
(2) EACH JUVENILE DELINQUENCY DEVELOPMENT STATEMENT SUBMITTED TO THE
ADMINISTRATOR UNDER SUBSECTION ("1") SHALL BE SUBMITTED IN ACCORDANCE
WITH PROCEDURES ESTABLISHED BY THE ADMINISTRATOR UNDER SECTION 204 (E)
AND SHALL CONTAIN SUCH INFORMATION, DATA, AND ANALYSES AS THE
ADMINISTRATOR MAY REQUIRE UNDER SECTION 204 (E). SUCH ANALYSES SHALL
INCLUDE AN ANALYSIS OF THE EXTENT TO WHICH THE JUVENILE DELINQUENCY
PROGRAM OF THE FEDERAL AGENCY SUBMITTING SUCH DEVELOPMENT STATEMENT
CONFORMS WITH AND FURTHER FEDERAL JUVENILE DELINQUENCY PREVENTION AND
TREATMENT GOALS AND POLICIES.
(3) THE ADMINISTRATOR SHALL REVIEW AND COMMENT UPON EACH JUVENILE
DELINQUENCY DEVELOPMENT STATEMENT TRANSMITTED TO HIM UNDER SUBSECTION
("1"). SUCH DEVELOPMENT STATEMENT, TOGETHER WITH THE COMMENTS OF THE
ADMINISTRATOR, SHALL BE INCLUDED BY THE FEDERAL AGENCY INVOLVED IN EVERY
RECOMMDENDATION OR REQUEST MADE BY SUCH AGENCY FOR FEDERAL LEGISLATION
WHICH SIGNIFICANTLY AFFECTS JUVENILE DELINQUENCY PREVENTION AND
TREATMENT.
JOINT FUNDING "42 USC 5615."
SEC. 205. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHERE FUNDS
ARE MADE AVAILABLE BY MORE THAN ONE FEDERAL AGENCY TO BE USED BY ANY
AGENCY, ORGANIZATION, INSTITUTION, OR INDIVIDUAL TO CARRY OUT A FEDERAL
JUVENILE DELINQUENCY PROGRAM OR ACTIVITY, ANY ONE OF THE FEDERAL
AGENCIES PROVIDING FUNDS MAY BE REQUESTED BY THE ADMINISTRATOR TO ACT
FOR ALL IN ADMINISTERING THE FUNDS ADVANCED. IN SUCH CASES, A SINGLE
NON-FEDERAL SHARE REQUIREMENT MAY BE ESTABLISHED ACCORDING TO THE
PROPORTION OF FUNDS ADVANCED BY EACH FEDERAL AGENCY, AND THE
ADMINISTRATOR MAY ORDER ANY SUCH AGENCY TO WAIVE ANY TECHNICAL GRANT OR
CONTRACT REQUIREMENT (AS DEFINED IN SUCH REGULATIONS) WHICH IS
INCONSISTENT WITH THE SIMILAR REQUIREMENT OF THE ADMINISTERING AGENCY OR
WHICH THE ADMINISTERING AGENCY DOES NOT IMPOSE.
COORDINATING COUNCIL ON JUVENILE JUSTICE AND DELINQUENCY
PREVENTION "42 USC 5616."
SEC. 206. (A) (1) THERE IS HEREBY ESTABLISHED, AS AN INDEPENDENT
ORGANIZATION IN THE EXECUTIVE BRANCH OF THE FEDERAL GOVERNMENT A
COORDINATING COUNCIL ON JUVENILE JUSTICE AND DELINQUENCY PREVENTION
(HEREINAFTER REFERRED TO AS THE "COUNCIL") COMPOSED OF THE ATTORNEY
GENERAL, THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE, THE SECRETARY
OF LABOR, THE DIRECTOR OF THE SPECIAL ACTION OFFICE FOR DRUG ABUSE
PREVENTION, THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT, OR THEIR
RESPECTIVE DESIGNEES, THE ASSISTANT ADMINISTRATOR OF THE OFFICE OF
JUVENILE JUSTICE AND DELINQUENCY PREVENTION, THE DEPUTY ASSISTANT
ADMINISTRATOR OF THE INSTITUTE FOR JUVENILE JUSTICE AND DELINQUENCY
PREVENTION, AND REPRESENTATIVES OF SUCH OTHER AGENCIES AS THE PRESIDENT
SHALL DESIGNATE.
(2) ANY INDIVIDUAL DESIGNATED UNDER THIS SECTION SHALL BE SELECTED
FORM INDIVIDUALS WHO EXERCISE SIGNIFICANT DECISIONMAKING AUTHORITY IN
THE FEDERAL AGENCY INVOLVED.
(B) THE ATTORNEY GENERAL SHALL SERVE AS CHAIRMAN OF THE COUNCIL. THE
ASSISTANT ADMINISTRATOR OF THE OFFICE OF JUVENILE JUSTICE AND
DELINQUENCY PREVENTION SHALL SERVE AS VICE CHAIRMAN OF THE COUNCIL. THE
VICE CHAIRMAN SHALL ACT AS CHAIRMAN IN THE ABSENCE OF THE CHAIRMAN.
(C) THE FUNCTION OF THE COUNCIL SHALL BE TO COORDINATE ALL FEDERAL
JUVENILE DELINQUENCY PROGRAMS. THE COUNCIL SHALL MAKE RECOMMENDATIONS
TO THE ATTORNEY GENERAL AND THE PRESIDENT AT LEAST ANNUALLY WITH RESPECT
TO THE COORDINATION OF OVERALL POLICY AND DEVELOPMENT OF OBJECTIVES AND
PRIORITIES FOR ALL FEDERAL JUVENILE DELINQUENCY PROGRAMS AND ACTIVITIES.
(D) THE COUNCIL SHALL MEET A MINIMUM OF SIX TIMES PER YEAR AND A
DESCRIPTION OF THE ACTIVITIES OF THE COUNCIL SHALL BE INCLUDED IN THE
ANNUAL REPORT REQUIRED BY SECTION 204 (B) (5) OF THIS TITLE. "ANTE, P.
1114."
(E) (1) THE CHAIRMAN SHALL, WITH THE APPROVAL OF THE COUNCIL, APPOINT
AN EXECUTIVE SECRETARY OF THE COUNCIL.
(2) THE EXECUTIVE SECRETARY SHALL BE RESPONSIBLE FOR THE DAY-TO- DAY
ADMINISTRATION OF THE COUNCIL.
(3) THE EXECUTIVE SECRETARY MAY, WITH THE APPROVAL OF THE COUNCIL,
APPOINT SUCH PERSONNEL AS HE CONSIDERS NECESSARY TO CARRY OUT THE
PURPOSES OF THIS TITLE.
(F) MEMBERS OF THE COUNCIL WHO ARE EMPLOYED BY THE FEDERAL GOVERNMENT
FULL TIME SHALL BE REIMBURSED FOR TRAVEL, SUBSISTENCE, AND OTHER
NECESSARY EXPENSES INCURRED BY THEM IN CARRYING OUT THE DUTIES OF THE
COUNCIL.
(G) TO CARRY OUT THE PURPOSES OF THIS SECTION THERE IS AUTHORIZED TO
BE APPROPRIATED SUCH SUMS AS MAY BE NECESSARY.
ADVISORY COMMITTEE
SEC. 207. (A) THERE IS HEREBY ESTABLISHED A NATIONAL ADVISORY
COMMITTEE FOR JUVENILE JUSTICE AND DELINQUENCY PREVENTION (HEREINAFTER
REFERRED TO AS THE "ADVISORY COMMITTEE") WHICH SHALL CONSIST OF
TWENTY-ONE MEMBERS.
(B) THE MEMBERS OF THE COORDINATING COUNCIL OR THEIR RESPECTIVE
DESIGNEES SHALL BE EX OFFICIO MEMBERS OF THE COMMITTEE.
(C) THE REGULAR MEMBERS OF THE ADVISORY COMMITTEE SHALL BE APPOINTED
BY THE PRESIDENT FROM PERSONS WHO BY VIRTUE OF THEIR TRAINING OR
EXPERIENCE HAVE SPECIAL KNOWLEDGE CONCERNING THE PREVENTION AND
TREATMENT OF JUVENILE DELINQUENCY OR THE ADMINISTRATION OF JUVENILE
JUSTICE, SUCH AS JUVENILE OR FAMILY COURT JUDGES; PROBATION,
CORRECTIONAL, OR LAW ENFORCEMENT PERSONNEL; AND REPRESENTATIVES OF
PRIVATE VOLUNTARY ORGANIZATIONS AND COMMUNITY-BASED PROGRAMS. THE
PRESIDENT SHALL DESIGNATE THE CHAIRMAN. A MAJORITY OF THE MEMBERS OF
THE ADVISORY COMMITTEE, INCLUDING THE CHAIRMAN, SHALL NOT BE FULL-TIME
EMPLOYEES OF FEDERAL, STATE, OR LOCAL GOVERNMENTS. AT LEAST SEVEN
MEMBERS SHALL NOT HAVE ATTAINED TWENTY-SIX YEARS OF AGE ON THE DATE OF
THEIR APPOINTMENT.
(D) MEMBERS APPOINTED BY THE PRESIDENT TO THE COMMITTEE SHALL SERVE
FOR TERMS OF FOUR YEARS AND SHALL BE ELIGIBLE FOR REAPPOINTMENT EXCEPT
THAT FOR THE FIRST COMPOSITION OF THE ADVISORY COMMITTEE, ONE- THIRD OF
THESE MEMBERS SHALL BE APPOINTED TO ONE-YEAR TERMS, ONE-THIRD TO
TWO-YEAR TERMS, AND ONE-THIRD TO THREE-YEAR TERMS; THEREAFTER EACH TERM
SHALL BE FOUR YEARS. SUCH MEMBERS SHALL BE APPOINTED WITHIN NINETY DAYS
AFTER THE DATE OF THE ENACTMENT OF THIS TITLE. ANY MEMBERS 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.
DUTIES OF THE ADVISORY COMMITTEE
SEC. 208. (A) THE ADVISORY COMMITTEE SHALL MEET AT THE CALL OF THE
CHAIRMAN, BUT NOT LESS THAN FOUR TIMES A YEAR.
(B) THE ADVISORY COMMITTEE SHALL MAKE RECOMMENDATIONS TO THE
ADMINISTRATOR AT LEAST ANNUALLY WITH RESPECT TO PLANNING, POLICY,
PRIORITIES, OPERATIONS, AND MANAGEMENT OF ALL FEDERAL JUVENILE
DELINQUENCY PROGRAMS.
(C) THE CHAIRMAN MAY DESIGNATE A SUBCOMMITTEE OF THE MEMBERS OF THE
ADVISORY COMMITTEE TO ADVISE THE ADMINISTRATOR ON PARTICULAR FUNCTIONS
OR ASPECTS OF THE WORK OF THE ADMINISTRATION.
(D) THE CHAIRMAN SHALL DESIGNATE A SUBCOMMITTEE OF FIVE MEMBERS OF
THE COMMITTEE TO SERVE, TOGETHER WITH THE DIRECTOR OF THE NATIONAL
INSTITUTE OF CORRECTIONS, AS MEMBERS OF AN ADVISORY COMMITTEE FOR THE
NATIONAL INSTITUTE FOR JUVENILE JUSTICE AND DELINQUENCY PREVENTION TO
PERFORM THE FUNCTION SET FORTH IN SECTION 245 OF THIS TITLE "POST, P.
1127."
(E) THE CHAIRMAN SHALL DESIGNATE A SUBCOMMITTEE OF FIVE MEMBERS OF
THE COMMITTEE TO SERVE AS AN ADVISORY COMMITTEE TO THE AMINISTRATOR ON
STANDARDS FOR THE ADMINISTRATION OF JUVENILE JUSTICE TO PERFORM THE
FUNCTIONS SET FORTH IN SECTION 247 OF THIS TITLE.
(F) THE CHAIRMAN, WITH THE APPROVAL OF THE COMMITTEE, SHALL APPOINT
SUCH PERSONNEL AS ARE NECESSARY TO CARRY OUT THE DUTIES OF THE ADVISORY
COMMITTEE.
COMPENSATION AND EXPENSES "42 USC 5619."
SEC. 209. (A) MEMBERS OF THE ADVISORY COMMITTEE WHO ARE EMPLOYED BY
THE FEDERAL GOVERNMENT FULL TIME SHALL SERVE WITHOUT COMPENSATION BUT
SHALL BE REIMBURSED FOR TRAVEL, SUBSISTENCE, AND OTHER NECESSARY
EXPENSES INCURRED BY THEM IN CARRYING OUT THE DUTIES OF THE ADVISORY
COMMITTEE.
(B) MEMBERS OF THE ADVISORY COMMITTEE NOT EMPLOYED FULL TIME BY THE
FEDERAL GOVERNMENT SHALL RECEIVE COMPENSATION AT A RATE NOT TO EXCEED
THE RATE NOW OR HEREAFTER PRESCRIBED FOR GS-18 OF THE GENERAL SCHEDULE
BY SECTION 5332 OF TITLE 5 OF THE UNITED STATES CODE. "5 USC 5332
NOTE." INCLUDING TRAVELTIME FOR EACH DAY THEY ARE ENGAGED IN THE
PERFORMANCE OF THEIR DUTIES AS MEMBERS OF THE ADVISORY COMMITTEE.
MEMBERS SHALL BE ENTITLED TO REIMBURSEMENT FOR TRAVEL, SUBSISTENCE, AND
OTHER NECESSARY EXPENSES INCURRED BY THEM IN CARRYING OUT THE DUTIES OF
THE ADVISORY COMMITTEE.
SEC. 221. THE ADMINISTRATOR IS AUTHORIZED TO MAKE GRANTS TO STATES
AND LOCAL GOVERNMENTS TO ASSIST THEM IN PLANNING, ESTABLISHING,
OPERATING, COORDINATING, AND EVALUATING PROJECTS DIRECTLY OR THROUGH
CONTRACTS WITH PUBLIC AND PRIVATE AGENCIES FOR THE DEVELOPMENT OF MORE
EFFECTIVE EDUCATION, TRAINING, RESEARCH, PREVENTION, DIVERSION,
TREATMENT, AND REHABILITATION PROGRAMS IN THE AREA OF JUVENILE
DELINQUENCY AND PROGRAMS TO IMPROVE THE JUNVENILE JUSTICE SYSTEM.
ALLOCATION "42 USC 5632."
SEC. 222. (A) IN ACCORDANCE WITH REGULATIONS PROMULGATED UNDER THIS
PART, FUNDS SHALL BE ALLOCATED ANNUALLY AMONG THE STATES ON THE BASIS OF
RELATIVE POPULATION OF PEOPLE UNDER AGE EIGHTEEN. NO SUCH ALLOTMENT TO
ANY STATE SHALL BE LESS THAN $200,000, EXCEPT THAT FOR THE VIRGIN
ISLANDS, GUAM, AMERICAN SAMOA, AND THE TRUST TERRITORY OF THE PACIFIC
ISLANDS NO ALLOTMENT SHALL BE LESS THAN $50,000.
(B) EXCEPT FOR FUNDS APPROPRIATED FOR FISCAL YEAR 1975, IF ANY AMOUNT
SO ALLOTED REMAINS UNOBLIGATED AT THE END OF THE FISCAL YEAR, SUCH FUNDS
SHALL BE REALLOCATED IN A MANNER EQUITABLE AND CONSISTENT WITH THE
PURPOSE OF THIS PART. FUNDS APPROPRIATED FOR FISCAL YEAR 1975 MAY BE
OBLIGATED IN ACCORDANCE WITH SUBSECTION (A) UNTIL JUNE 30, 1976, AFTER
WHICH TIME THEY MAY BE REALLOCATED. ANY AMOUNT SO REALLOCATED SHALL BE
IN ADDITION TO THE AMOUNTS ALREADY ALLOTTED AND AVAILABLE TO THE STATE,
THE VIRGIN ISLANDS, AMERICAN SAMOA, GUAM, AND THE TRUST TERRITORY OF THE
PACIFIC ISLANDS FOR THE SAME PERIOD.
(C) IN ACCORDANCE WITH REGULATIONS PROMULGATED UNDER THIS PART, A
PORTION OF ANY ALLOTMENT TO ANY STATE UNDER THIS PART SHALL BE AVAILABLE
TO DEVELOP A STATE PLAN AND TO PAY THAT PORTION OF THE EXPENDITURES
WHICH ARE NECESSARY FOR EFFICIENT ADMINISTRATION. NOT MORE THAN 15 PER
CENTUM OF THE TOTAL ANNUAL ALLOTMENT OF SUCH STATE SHALL BE AVAILABLE
FOR SUCH PURPOSES. THE STATE SHALL MAKE AVAILABLE NEEDED FUNDS FOR
PLANNING AND ADMINISTRATION TO LOCAL GOVERNMENTS WITHIN THE STATE ON AN
EQUITABLE BASIS.
(D) FINANCIAL ASSISTANCE EXTENDED UNDER THE PROVISIONS OF THIS
SECTION SHALL NOT EXCEED 90 PER CENTUM OFTHE APPROVED COSTS OF ANY
ASSISTED PROGRAMS OR ACTIVITIES. THE NON-FEDERAL SHARE SHALL BE MADE IN
CASH OR KIND CONSISTENT WITH THE MAINTENANCE OF PROGRAMS REQUIRED BY
SECTION 261. "POST, P. 1129."
STATE PLANS "42 USC 5633."
SEC. 223. (A) IN ORDER TO RECEIVE FORMULA GRANTS UNDER THIS PART, A
STATE SHALL SUBMIT A PLAN FOR CARRYING OUT ITS PURPOSES CONSISTENT WITH
THE PROVISIONS OF SECTION 303(A), (1), (3), (5), (6), (8), (10), (11),
(12, AND (15) OF THIS TITLE 1 OF THE OMNIBUS CRIME CONTROL AND SAFE
STREETS ACT OF 1968. "42USC 3733." IN ACCORDANCE WITH REGULATIONS
ESTABLISHED UNDER THIS TITLE, SUCH PLAN MUST--,
(1) DESIGNATE THE STATE PLANNING AGENCY ESTABLISHED BY THE
STATE UNDER SECTION 203 OF SUCH TITLE I "42 USC 3723." AS THE SOLE
AGENCY FOR SUPERVISING THE PREPARATION AND ADMINISTRATION OF THE
PLAN;
(2) CONTAIN SATISFACTORY EVIDENCE THAT THE STATE AGENCY
DESIGNATED IN ACCORDANCE WITH PARAGRAPH (1) (HEREINAFTER REFERRED
TO IN THIS PART AS THE "STATE PLANNING AGENCY") HAS OR WILL HAVE
AUTHORITY, BY LEGISLATION IF NECESSARY, TO IMPLEMENT SUCH PLAN IN
CONFORMITY WITH THIS PART;
(3) PROVIDE FOR AN ADVISORY GROUP APPOINTED BY THE CHIEF
EXECUTIVE OF THE STATE TO ADVISE THE STATE PLANNING AGENCY AND ITS
SUPERVISORY BOARD (A) WHICH SHALL CONSIST OF NOT LESS THAT
TWENTY-ONE AND NOT MORE THAN THIRTY-THREE PERSONS WHO HAVE
TRAINING, EXPERIENCE, OR SPECIAL KNOWLEDGE CONCERNING THE
PREVENTION AND TREATMENT OF JUVENILE DELINQUENCY OR THE
ADMINISTRATION OF JUVENILE JUSTICE, (B) WHICH SHALL INCLUDE
REPRESENTATION OF UNITS OF LOCAL GOVERNMENT, LAW ENFORCEMENT AND
JUVENILE JUSTICE SUCH AS LAW ENFORCEMENT, CORRECTION OR PROBATION
PERSONNEL, AND JUVENILE OR FAMILY COURT JUDGES, AND PUBLIC
AGENCIES CONCERNED WITH DELINQUENCY PREVENTION OR TREATMENT SUCH
AS WELFARE, SOCIAL SERVICES, MENTAL HEALTH, EDUCATION, OR YOUTH
SERVICES DEPARTMENTS, (C) WHICH SHALL INCLUDE REPRESENTATIVES OF
PRIVATE ORGANIZATIONS CONCERNED WITH DELINQUENCY PREVENTION OR
TREATMENT; CONCERNED WITH NEGLECTED OR DEPENDENT CHILDREN;
CONCERNED WITH THE QUALITY OF JUVENILE JUSTICE, EDUCATION, OR
SOCIAL SERVICES FOR CHILDREN; WHICH UTILIZE VOLUNTEERS TO WORK
WITH DELINQUENTS OR POTENTIAL DELINQUENTS; COMMUNITY-BASED
DELINQUENCY PREVENTION OR TREATMENT PROGRAMS; AND ORGANIZATIONS
WHICH REPRESENT EMPLOYEES AFFECTED BY THIS ACT, (D) A MAJORITY OF
WHOSE MEMBERS (INCLUDING THE CHAIRMAN) SHALL NOT BE FULL-TIME
EMPLOYEES OF THE FEDERAL, STATE, OR LOCAL GOVERNMENT, AND (E) AT
LEAST ONE-THIRD OF WHOSE MEMBERS SHALL BE UNDER THE AGE OF
TWENTY-SIX AT THE TIME OF APPOINTMENT;
(4) PROVIDE FOR THE ACTIVE CONSULTATION WITH AND PARTICIPATION
OF LOCAL GOVERNMENTS IN THE DEVELOPMENT OF A STATE PLAN WHICH
ADEQUATELY TAKES INTO ACCOUNT THE NEEDS AND REQUESTS OF LOCAL
GOVERNMENTS;
(5) PROVIDE THAT AT LEAST 66 2/3 PER CENTUM OF THE FUNDS
RECEIVED BY THE STATE UNDER SECTION 222 "ANTE, P. 1118." SHALL BE
EXPENDED THROUGH PROGRAMS OF LOCAL GOVERNMENT INSOFAR AS THEY ARE
CONSISTENT WITH THE STATE PLAN, EXCEPT THAT THIS PROVISION MAY BE
WAIVED AT THE DISCRETION OF THE ADMINISTRATOR FOR ANY STATE IF THE
SERVICES FOR DELINQUENT OR POTENTIALLY DELINQUENT YOUTH ARE
ORGANIZED PRIMARILY ON A STATEWIDE BASIS;
(6) PROVIDE THAT THE CHIEF EXECUTIVE OFFICER OF THE LOCAL
GOVERNMENT SHALL ASSIGN RESPONSIBILITY FOR THE PREPARATION AND
ADMINISTRATION OF THE LOCAL GOVERNMENT'S PART OF STATE PLAN, OR
FOR THE SUPERVISION OF THE PREPARATION AND ADMINISTRATION OF THE
LOCAL GOVERNMENT'S PART OF THE STATE PLAN, TO THAT AGENCY WITHIN
THE LOCAL GOVERNMENT'S STRUCTURE (HEREINAFTER IN THIS PART
REFERRED TO AS THE "LOCAL AGENCY") WHICH CAN MOST EFFECTIVELY
CARRY OUT THE PURPOSES OF THIS PART AND SHALL PROVIDE FOR
WUPERVISION OF THE PROGRAMS FUNDED UNDER THIS PART BY THAT LOCAL
AGENCY;
(7) PROVIDE FOR AN EQUITABLE DISTRIBUTION OF THE ASSISTANCE
RECEIVED UNDER SECTION 222 WITHIN THE STATE;
(8) SET FORTH A DETAILED STUDY OF THE STATE NEEDS FOR AN
EFFECTIVE, COMPREHENSIVE, COORDINATED APPROACH TO JUVENILE
DELINQUENCY PREVENTION AND TREATMENT AND THE IMPROVEMENT OF THE
JUVENILE JUSTICE SYSTEM. THIS PLAN SHALL INCLUDE ITEMIZED
ESTIMATED COSTS FOR THE DEVELOPMENT AND IMPLEMENTATION OF SUCH
PROGRAMS;
(9) PROVIDE FOR THE ACTIVE CONSULTATION WITH AND PARTICIPATION
OF PRIVATE AGENCIES IN THE DEVELOPMENT AND EXECUTION OF THE STATE
PLAN; AND PROVIDE FOR COORDINATION AND MAXIMUM UTILIZATION OF
EXISTING JUVENILE DELINQUENCY PROGRAMS AND OTHER RELATED PROGRAMS,
SUCH AS EDUCATION, HEALTH, AND WELFARE WITHIN THE STATE;
(10) PROVIDE THAT NOT LESS THAN 75 PER CENTUM OF THE FUNDS
AVAILABLE TO SUCH STATE UNDER SECTION 222, WHETHER EXPENDED
DIRECTLY BY THE STATE OR BY LOCAL GOVERNMENT OR THROUGH CONTRACTS
WITH PUBLIC OR PRIVATE AGENCIES, SHALL BE USED FOR ADVANCED
TECHNIQUES IN DEVELOPING, MAINTAINING, AND EXPANDING PROGRAMS AND
SERVICES DESIGNED TO PREVENT JUVENILE DELINQUENCY, TO DIVERT
JUVENILES FROM THE JUVENILE JUSTICE SYSTEM, AND TO PROVIDE
COMMUNITY-BASED ALTERNATIVES TO JUVENILE DETENTION AND
CORRECTIONAL FACILITIES. THAT ADVANCED TECHNIQUES INCLUDE--,
(A) COMMUNITY-BASED PROGRAMS AND SERVICES FOR THE PREVENTION
AND TREATMENT OF JUVENILE DELINQUENCY THROUGH THE DEVELOPMENT OF
FOSTER-CARE AND SHELTER-CARE HOMES, GROUP HOMES, HALFWAY HOUSES
HOMEMAKER AND HOME HEALTH SERVICES, AND ANY OTHER DESIGNATED
COMMUNITY-BASED DIAGNOSTIC, TREATMENT, OR REHABILITATIVE SERVICE;
(B) COMMUNITY-BASED PROGRAMS AND SERVICES TO WORK WITH PARENTS
AND OTHER FAMILY MEMBERS TO MAINTAIN AND STRENGTHEN THE FAMILY
UNIT SO THAT THE JUVENILE MAY BE RETAINED IN HIS HOME;
(C) YOUTH SERVICE BUREAUS AND OTHER COMMUNITY-BASED PROGRAMS TO
DIVERT YOUTH FROM THE JUVENILE COURT OR TO SUPPORT, COUNSEL, OR
PROVIDE WORK AND RECREATIONAL OPPORTUNITIES FOR DELINQUENTS AND
YOUTH IN DANGER OF BECOMING DELINQUENTS;
(D) COMPREHENSIVE PROGRAMS OF DRUG AND ALCOHOL ABUSE EDUCATION
AND PREVENTION AND PROGRAMS FOR THE TREATMENT AND REHABILITATION
OF DRUG ADDICTED YOUTH, AND "DRUG DEPENDENT" YOUTH (AS DEFINED IN
SECTION 2 (Q) OF THE PUBLIC HEALTH SERVICE ACT (42 U.S.C. 201
(Q));
(E) EDUCATIONAL PROGRAMS OR SUPPORTIVE SERVICES DESIGNED TO
KEEP DELINQUENTS AND ENCOURAGE OTHER YOUTH TO REMAIN IN ELEMENTARY
AND SECONDARY SCHOOLS OR IN ALTERNATIVE LEARNING SITUATIONS;
(F) EXPANDED USE OF PROBATION AND RECRUITMENT AND TRAINING OF
PROBATION OFFICERS, OTHER PROFESSIONAL AND PARAPROFFESSIONAL
PERSONEL AND VOLUNTEERS TO WORK EFFECTIVELY WITH YOUTH;
(G) YOUTH INITIATED PROGRAMS AND OUTREACH PROGRAMS DESIGNED TO
ASSIST YOUTH WHO OTHERWISE WOULD NOT BE REACHED BY ASSISTANCE
PROGRAMS;
(H) PROVIDES FOR A STATEWIDE PROGRAM THROUGH THE USE OF
PROBATION SUBSIDIES, OTHER SUBSIDIES, OTHER FINANCIAL INCENTIVES
OR DISINCENTIVES TO UNITS OF LOCAL GOVERNMENT, OR OTHER EFFECTIVE
MEANS, THAT MAY INCLUDE BUT ARE NOT LIMITED TO PROGRAMS DESIGNED
TO---
(I) REDUCE THE NUMBER OF COMMITMENTS OF JUVENILES TO ANY FORM
OF JUVENILE FACILITY AS A PERCENTAGE OF THE STATE JUVENILE
POPULATION;
(II) INCREASE THE USE OF NONSECURE COMMUNITY-BASED FACILITIES
AS A PERCENTAGE OF TOTAL COMMITMENTS TO JUVENILE FACILITIES; AND
(III) DISCOURAGE THE USE OF SECURE INCARCERATION AND DETENTION;
(11) PROVIDES FOR THE DEVELOPMENT OF AN ADEQUATE RESEARCH,
TRAINING, AND EVALUATION CAPACITY WITHIN THE STATE;
(12) PROVIDE WITHIN TWO YEARS AFTER SUBMISSION OF THE PLAN THAT
JUVENILES WHO ARE CHARGED WITH OR WHO HAVE COMMITTED OFFENSES THAT
WOULD NOT BE CRIMINAL IF COMMITTED BY AN ADULT, SHALL NOT BE
PLACED IN JUVENILE DETENTION OR CORRECTIONAL FACILITIES, BUT MUS
BE PLACED IN SHELTER FACILITIES;
(13) PROVIDE THAT JUVENILES ALLEGED TO BE OR FOUND TO BE
DELINQUENT SHALL NOT BE DETAINED OR CONFINED IN ANY INSTITUTION IN
WHICH THEY HAVE REGULAR CONTACT WITH ADULT PERSONS INCARCERATED
BECAUSE THEY HAVE BEEN CONVICTED OF A CREME OR ARE AWAITING TRIAL
ON CRIMINAL CHARGES;
(14) PROVIDE FOR AN ADEQUATE SYSTEM OF MONITORING JAILS,
DETENTION FACILITIES, AND CORRECTIONAL FACILITIES TO INSURE THAT
THE REQUIREMENTS OF SECTION 223 (12) AND (13) ARE MET, AND FOR
ANNUAL REPORTING OF THE RESULTS OF SUCH MONITORING TO THE
ADMINISTRATOR;
(15) PROVIDE ASSURANCE THAT ASSISTANCE WILL BE AVAILABLE ON AN
EQUITABLE BASIS TO DEAL WITH ALL DISADVANTAGED YOUTH INCLUDING,
BUT NOT LIMITED TO, FEMALES, MINORITY YOUTH, AND MENTALLY RETARDED
AND EMOTIONALLY OR PHYSICALLY HANDICAPPED YOUTH;
(16) PROVIDE FOR PROCEDURES TO BE ESTABLISHED FOR PROTECTING
THE RIGHTS OF RECIPIENTS OF SERVICES AND FOR ASSURING APPORPRIATE
PRIVACY WITH REGARD TO RECORDS RELATING TO SUCH SERVICES PROVIDED
TO ANY INDIVIDUAL UNDER THE STATE PLAN;
(17) PROVIDE THAT FAIR AND EQUITABLE ARRANGEMENTS ARE MADE TO
PROTECT THE INTERESTS OF EMPLOYEES AFFECTED BY ASSISTANCE UNDER
THIS ACT. SUCH PROTECTIVE ARRANGEMENTS SHALL, TO THE MAXIMUM
EXTENT FEASIBLE, INCLUDE, WITHOUT BEING LIMITED TO, SUCH
PROVISIONS AS MAY BE NECESSARY FOR--,
(A) THE PRESERVATION OF RIGHTS, PRIVILEGES, AND BENEFITS
(INCLUDING CONTINUATION OF PENSION RIGHTS AND BENEFITS) UNDER
EXISTING COLLECTIVE-BARGAINING AGREEMENTS OR OTHERWISE;
(B) THE CONTINUATION OF COLLECTIVE-BARGAINING RIGHTS;
(C) THE PROTECTION OF INDIVIDUAL EMPLOYEES AGAINST A WORSENING
OF THEIR POSITIONS WITH RESPECT TO THEIR EMPLOYMENT;
(D) ASSURANCES OF EMPLOYMENT TO EMPLOYEES OF ANY STATE OR
POLITICAL SUBDIVISION THEREOF WHO WILL BE AFFECTED BY ANY PROGRAM
FUNDED IN WHOLE OR IN PART UNDER PROVISIONS OF THIS ACT;
(E) TRAINING OR RETRAINING PROGRAMS. THE STATE PLAN SHALL
PROVIDE FOR THE TERMS AND CONDITIONS OF THE PROTECTION
ARRANGEMENTS ESTABLISHED PURSUANT TO THIS SECTION;
(18) PROVIDE FOR SUCH FISCAL CONTROL AND FUND ACCOUNTING
PROCEDURES NECESSARY TO ASSURE PRUDENT USE, PROPER DISBURSEMENT,
AND ACCURATE ACCOUNTING OF FUNDS RECEIVED UNDER THIS TITLE;
(19) PROVIDE REASONABLE ASSURANCE THAT FEDERAL FUNDS MADE
AVAILABLE UNDER THIS PART FOR ANY PERIOD WILL BE SO USED AS TO
SUPPLEMENT AND INCREASE (BUT NOT SUPPLANT), TO THE EXTENT FEASIBLE
AND PRACTICAL, THE LEVEL OF THE STATE, LOCAL, AND OTHER
NON-FEDERAL FUNDS THAT WOULD IN THE ABSENCE OF SUCH FEDERAL FUNDS
BE MADE AVAILABLE FOR THE PROGRAMS DESCRIBED IN THIS PART, AND
WILL IN NO EVENT REPLACE SUCH STATE, LOCAL, AND OTHER NON-FEDERAL
FUNDS;
(20) PROVIDE THAT THE STATE PLANNING AGENCY WILL FROM TO TIME
TO TIME, BUT NOT LESS OFTEN THEN ANNUALLY, REVIEW ITS PLAN AND
SUBMIT TO THE ADMINISTRATOR AN ANALYSIS AND EVALUATION OF THE
EFFECTIVENESS OF THE PROGRAMS AND ACTIVITIES CARRIED OUT UNDER THE
PLAN, AND ANY MODIFICATIONS IN THE PLAN, INCLUDING THE SURVEY OF
STATE AND LOCAL NEEDS, WHICH IT CONSIDERS NECESSARY; AND
(21) CONTAIN SUCH OTHER TERMS AND CONDITIONS AS THE
ADMINISTRATOR MAY REASONABLY PRESCRIBE TO ASSURE THE EFFECTIVENESS
OF THE PROGRAMS ASSISTED UNDER THIS TITLE.
SUCH PLAN MAY AT THE DISCRETION OF THE ADMINISTRATOR BE INCORPORATED
INTO THE PLAN SPECIFIED IN 303 (A) OF THE OMNIBUS CRIME CONTROL AND SAFE
STREETS ACT. "42 USC 3733."
(B) THE STATE PLANNING AGENCY DESIGNATED PURSUANT TO SECTION 223 (A),
AFTER CONSULTATION WITH THE ADVISORY GROUP REFERRED TO IN SECTION 223
(A), "ANTE, P. 1119." SHALL APPROVE THE STATE PLAN AND ANY MODIFICATION
THEREOF PRIOR TO SUBMISSION TO THE ADMINISTRATOR.
(C) THE ADMINISTRATOR SHALL APPROVE ANY STATE PLAN AND ANY
MODIFICATION THEREOF THAT MEETS THE REQUIREMENTS OF THIS SECTION.
(D) IN THE EVENT THAT ANY STATE FAILS TO SUBMIT A PLAN, OR SUBMITS A
PLAN OR ANY MODIFICATION THEREOF, WHICH THE ADMINISTRATOR, AFTER
REASONABLE NOTICE AND OPPORTUNITY FOR HEARING, IN ACCORDANCE WITH
SECTIONS 509, 510, AND 511 OF THIS TITLE 2 OF THE OMNIBUS CRIME CONTROL
AND SAFE STREETS ACT OF 1968, "42 USC 3757 - 3759." DETERMINES DOES NOT
MEET THE REQUIREMENTS OF THIS SECTION, THE ADMINISTRATOR SHALL MAKE THAT
STATE'S ALLOTMENT UNDER THE PROVISIONS OF SECTION 222 (A) "ANTE, P.
1118." AVAILABLE TO PUBLIC AND PRIVATE AGENCIES FOR SPECIAL EMPHASIS
PREVENTION AND TREATMENT PROGRAMS AS DEFINED IN SECTION 224.
(E) IN THE EVENT THE PLAN DOES NOT MEET THE REQUIREMENTS OF THIS
SECTION DUE TO OVERSIGHT OR NEGLECT, RATHER THAN EXPLICIT AND CONCIOUS
DECISION, THE ADMINISTRATOR SHALL ENDEAVOR TO MAKE THAT STATE'S
ALLOTMENT UNDER THE PROVISIONS OF SECTION 222 (A) AVAILABLE TO PUBLIC
AND PRIVATE AGENCIES IN THAT STATE FOR SPECIAL EMPHASIS PREVENTION AND
TREATMENT PROGRAMS AS DEFINED IN SECTION 224.
SEC. 224. (A) THE ADMINISTRATOR IS AUTHORIZED TO MAKE GRANTS TO AND
ENTER INTO CONTRACTS WITH PUBLIC AND PRIVATE AGENCIES, ORGANIZATIONS,
INSTITUTIONS, OR INDIVIDUALS TO--,
(1) DEVELOP AND IMPLEMENT NEW APPROACHES, TECHNIQUES, AND
METHODS WITH RESPECT TO JUVENILE DELINQUENCY PROGRAMS;
(2) DEVELOP AND MAINTAIN COMMUNITY-BASED ALTERNATIVES TO
TRADITIONAL FORMS OF INSTITUTIONALIZATION;
(3) DEVELOP AND IMPLEMENT EFFECTIVE MEANS OF DIVERTING
JUVENILES FROM THE TRADITIONAL JUVENILE JUSTICE AND CORRECTIONAL
SYSTEM;
(4) IMPROVE THE CAPABILITY OF PUBLIC AND PRIVATE AGENCIES AND
ORGANIZATIONS TO PROVIDE SERVICES FOR DELINQUENTS AND YOUTHS IN
DANGER OF BECOMING DELINQUENT;
(5) FACILITATE THE ADOPTION OF THE RECOMMENDATIONS OF THE
ADVISORY COMMITTEE ON STANDARDS FOR JUVENILE JUSTICE AND THE
INSTITUTE AS SET FORTH PURSUANT TO SECTION 247; "POST, P. 1127."
AND
(6) DEVELOP AND IMPLEMENT MODEL PROGRAMS AND METHODS TO KEEP
STUDENTS IN ELEMENTARY AND SECONDARY SCHOOLS AND TO PREVENT
UNWARRANTED AND ARBITRARY SUSPENSIONS AND EXPULSIONS.
(B) NOT LESS THAN 25 PER CENTUM OR MORE THAN 50 PER CENTUM OF THE
FUNDS APPROPRIATED FOR EACN FISCAL YEAR PURSUANT TO THIS PART SHALL BE
AVAILABLE ONLY FOR SPECIAL EMPHASIS PREVENTION AND TREATMENT GRANTS AND
CONTRACTS MADE PURSUANT TO THIS SECTION.
(C) AT LEAST 20 PER CENTUM OF THE FUNDS AVAILABLE FOR GRANTS AND
CONTRACTS MADE PURSUANT TO THIS SECTION SHALL BE AVAILABLE FOR GRANTS
AND CONTRACTS TO PRIVATE NONPROFIT AGENCIES, ORGANIZATIONS, OR
INSTITUTIONS WHO HAVE HAD EXPERIENCE IN DEALING WITH YOUTH.
CONSIDERATIONS FOR APPROVAL OF APPLICATION "42 USC 5635."
SEC 225. (A) ANY AGENCY, INSTITUTION, OR INDIVIDUAL DESIRING TO
RECEIVE A GRANT, OR ENTER INTO ANY CONTRACT UNDER SECTION 224, SHALL
SUBMIT AN APPLICATION AT SUCH TIME, IN SUCH MANNER, AND CONTAINING OR
ACCOMPANIED BY SUCH INFORMATION AS THE ADMINISTRATIOR MAY PRESCRIBE.
(B) IN ACCORDANCE WITH GUIDELINES ESTABLISHED BY THE ADMINISTRATOR,
EACH SUCH APPLICATION SHALL--,
(1) PROVIDE THAT THE PROGRAM FOR WHICH ASSISTANCE IS SOUGHT
WILL BE ADMINISTERED BY OR UNDER THE SUPERVISION OF THE APPLICANT;
(2) SET FORTH A PROGRAM FOR CARRYING OUT ONE OR MORE OF THE
PURPOSES SET FORTH IN SECTION 224;
(3) PROVIDE FOR THE PROPER AND EFFICIENT ADMINISTRATION OF SUCH
PROGRAM;
(4) PROVIDE FOR REGULAR EVALUATION OF THE PROGRAM;
(5) INDICATE THAT THE APPLICANT HAS REQUESTED THE REVIEW OF THE
APPLICATION FROM THE STATE PLANNING AGENCY AND LOCAL AGENCY
DESIGNATED IN SECTION 223, WHEN APPROPRIATE, AND INDICATE THE
RESPONSE OF SUCH AGENCY TO THE REQUEST FOR REVIEW AND COMMENT ON
THE APPLICATION;
(6) PROVIDE THAT REGUALR REPORTS ON THE PROGRAM SHALL BE SENT
TO THE ADMINISTRATOR AND TO THE STATE PLANNING AGENCY AND LOCAL
AGENCY, WHEN APPROPRIATE;
(7) PROVIDE FOR SUCH FISCAL CONTROL AND FUND ACCOUNTING
PROCEDURES AS MAY BE NECESSARY TO ASSURE PRUDENT USE, PROPER
DISBURSEMENT, AND ACCURATE ACCOUNTING OF FUNDS RECEIVED UNDER THIS
TITLE; AND
(8) INDICATE THE RESPONSE OF THE STATE AGENCY OR THE LOCAL
AGENCY TO THE REQUEST FOR REVIEW AND COMMENT ON THE APPLICATION.
(C) IN DETERMINING WHITHER OR NOT TO APPROVE APPLICATIONS FOR GRANTS
UNDER SECTION 224, THE ADMINISTRATOR SHALL CONSIDER--,
(1) THE RELATIVE COST AND EFFECTIVENESS OF THE PROPOSED PROGRAM
IN EFFECTUATING THE PURPOSES OF THIS PART;
(2) THE EXTENT TO WHICH THE PROPOSED PROGRAM WILL INCORPORATE
NEW OR INNOVATIVE TECHNIQUES;
(3) THE EXTENT TO WHICH THE PROPOSED PROGRAM MEETS THE
OBJECTIVES AND PRIORITIES OF THE STATE PLAN, WHEN A STATE PLAN HAS
BEEN APPROVED BY THE ADMINISTRATOR UNDER SECTION 223 (C) "ANTE, P.
1119." AND WHEN THE LOCATION AND SCOPE OF THE PROGRAM MAKES SUCH
CONSIDERATION APPROPRIATE;
(4) THE INCREASE IN CAPACITY OF THE PUBLIC AND PRIVATE AGENCY,
INSTITUTION, OR INDIVIDUAL TO PROVIDE SERVICES TO DELINQUENTS OR
YOUTHS IN DANGER OF BECOMING DELINQUENTS;
(5) THE EXTENT TO WHICH THE PROPOSED PROJECT SERVES COMMUNITIES
WHICH HAVE HIGH RATES OF YOUTH UNEMPLOYMENT, SCHOOL DROPOUT, AND
DELINQUENCY; AND
(6) THE EXTENT TO WHICH THE PROPOSED PROGRAM FACILITATES THE
IMPLEMENATATION OF THE RECOMMENDATIONS OF THE ADVISORY COMMITTEE
ON STANDARDS FOR JUVENILE JUSTICE AS SET FORTH PURSUANT TO SECTION
247. "POST, P. 1127."
GENERAL PROVISIONS
WITHHOLDING "42 USC 5636."
SEC. 226. WHENEVER THE ADMINISTRATOR, AFTER GIVING REASONABLE NOTICE
AND OPPORTUNITY FOR HEARING TO A RECIPIENT OF FINANCIAL ASSISTANCE UNDER
THIS TITLE, FINDS--,
(1) THAT THE PROGRAM OR ACTIVITY FOR WHICH SUCH GRANT WAS MADE
HAS BEEN SO CHANGED THAT IT NO LONGER COMPLIES WITH THE PROVISIONS
OF THIS TITLE; OR
(2) THAT IN THE OPERATION OF THE PROGRAM OR ACTIVITY THERE IS
FAILURE TO COMPLY SUBSTANTIALLY WITH ANY SUCH PROVISION;
THE ADMINISTRATOR SHALL INITIATE SUCH PROCEEDINGS AS ARE APPROPRIATE.
USE OF FUNDS "42 USC 5637."
SEC. 227. (A) FUNDS PAID PURSUANT TO THIS TITLE TO ANY STATE, PUBLIC
OR PRIVATE AGENCY, INSTITUTION, OR INDIVIDUAL (WHETHER DIRECTLY OR
THROUGH A STATE OR LOCAL AGENCY) MAY BE FOR--,
(1) PLANNING, DEVELOPING, OR OPERATING THE PROGRAM DESIGNED TO
CARRY OUT THE PURPOSES OF THIS PART; AND
(2) NOT MORE THAN 50 PER CENTUM OF THE COST OF THE CONSTRUCTION
OF INNOVATIVE COMMUNITY-BASED FACILITIES FOR LESS THAN TWENTY
PERSONS WHICH, IN THE JUDGMENT OF THE ADMINISTRATOR, ARE NECESSARY
FOR CARRYING OUT THE PURPOSES OF THIS PART.
(B) EXCEPT AS PROVIDED BY SUBSECTION (A), NO FUNDS PAID TO ANY PUBLIC
OR PRIVATE AGENCY, INSTITUTION, OR INDIVIDUAL UNDER THIS PART (WHETHER
DIRECTLY OR THROUGH A STATE AGENCY OR LOCAL AGENCY) MAY BE USED FOR
CONSTRUCTION.
PAYMENTS "42 USC 5638."
SEC. 228. (A) IN ACCORDANCE WITH CRITERIA ESTABLISHED BY THE
ADMINISTRATOR, IT IS THE POLICY OF CONGRESS THAT PROGRAMS FUNDED UNDER
THIS TITLE SHALL CONTINUE TO RECEIVE FINANCIAL ASSISTANCE PROVIDING THAT
THE YEARLY EVALUATION OF SUCH PROGRAMS IS SATISFACTORY.
(B) AT THE DISCRETION OF THE ADMINISTRATOR, WHEN THERE IS NO OTHER
WAY TO FUND AN ESSENTIAL JUVENILE DELINQUENCY PROGRAM NO FUNDED UNDER
THIS PART, THE STATE MAY UTILIZE 25 PER CENTUM OF THE FORMULA GRANT
FUNDS AVAILABLE TO IT UNDER THIS PART TO MEET THE NON-FEDERAL MATCHING
SHARE REQUIREMENTS FOR ANY OTHER FEDERAL JUVENILE DELINQUENCY PROGRAM
GRANT.
(C) WHENEVER THE ADMINISTRATOR DETERMINES THAT IT WILL CONTRIBUTE TO
THE PURPOSES OF THIS PART, HE MAY REQQUIRE THE RECIPIENT OF ANY GRANT OR
CONTRACT TO CONTRIBUTE MONEY, FACILITIES, OR SERVICES.
(D) PAYMENTS UNDER THIS PART, PURSUANT TO A GRANT OR CONTRACT, MAY BE
MADE (AFTER NECESSARY ADJUSTMENT, IN THE CASE OF GRANTS, ON ACCOUNT OF
PREVIOUSLY MADE OVERPAYMENTS OR UNDERPAYMENTS) IN ADVANCE OR BY WAY OF
REIMBURSEMENTS, IN SUCH INSTALLMENTS AND ON SUCH CONDITIONS AS THE
ADMINISTRATOR MAY DETERMINE.
SEC. 241. (A) THERE IS HEREBY ESTABLISHED WITHIN THE JUVENILE
JUSTICE AND DELINQUENCY PREVENTION OFFICE A NATIONAL INSTITUTE FOR
JUVENILE JUSTICE AND DELINQUENCY PREVENTION.
(B) THE NATIONAL INSTITUTE FOR JUVENILE JUSTICE AND DELINQUENCY
PREVENTION SHALL BE UNDER THE SUPERVISION AND DIRECTION OF THE ASSISTANT
ADMINISTRATOR, AND SHALL BE HEADED BY A DEPUTY ASSISTANT ADMINISTRATOR
OF THE OFFICE APPOINTED UNDER SECTION 201 (F) "ANTE, P. 1112."
(C) THE ACTIVITIES OF THE NATIONAL INSTITUTE FOR JUVENILE JUSTICE AND
DELINQUENCY PREVENTION SHALL BE COORDINATED WITH THE ACTIVITIES OF THE
NATIONAL INSTITUTE OF LAW ENFORCEMENT AND CRIMINAL JUSTICE IN ACCORDANCE
WITH THE REQUIREMENTS OF SECTION 201 (B).
(D) THE ADMINISTRATOR SHALL HAVE RESPONSIBILITY FOR THE
ADMINISTRATION OF THE ORGANIZATION, EMPLOYEES, ENROLLEES, FINANCIAL
AFFAIRS, AND OTHER OPERATIONS OF THE INSTITUTE.
(E) THE ADMINISTRATOR MAY DELEGATE HIS POWER UNDER THE ACT TO SUCH
EMPLOYEES OF THE INSTITUTE AS HE DEEMS APPROPRIATE.
(F) IT SHALL BE THE PURPOSE OF THE INSTITUTE TO PROVIDE A
COORDINATING CENTER FOR THE COLLECTION, PREPARATION, AND DISSEMINATION
OF USEFUL DATA REGARDING THE TREATMENT AND CONTROL OF JUVENILE
OFFENDERS, AND IT SHALL ALSO BE THE PURPOSE OF THE INSTITUTE TO PROVIDE
TRAINING FOR REPRESENTATIVES OF FEDERAL, STATE, AND LOCAL LAW
ENFORCEMENT OFFICERS, TEACHERS, AND OTHER EDUCATIONAL PERSONNEL,
JUVENILE WELFARE WORKERS, JUVENILE JUDGES AND JUDICIAL PERSONNEL,
PROBATION PERSONNEL, CORRECTIONAL PERSONNEL AND OTHER PERSONS, INCLUDING
LAY PERSONNEL, CONNECTED WITH THE TREATMENT AND CONTROL OF JUVENILE
OFFENDERS.
(G) IN ADDITION TO THE OTHER POWERS, EXPRESS AND IMPLIED, THE
INSTITUTE MAY--,
(1) REQUEST ANY FEDERAL AGENCY TO SUPPLY SUCH STATISTICS, DATA,
PROGRAM REPORTS, AND OTHER MATERIAL AS THE INSTITUTE DEEMS
NECESSARY TO CARRY OUT ITS FUNCTIONS;
(2) ARRANGE WITH AND REIMBURSE THE HEADS OF FEDERAL AGENCIES
FOR THE USE OF PERSONNEL OR FACILITIES OR EQUIPMENT OF SUCH
AGENCIES;
(3) CONFER WITH AND AVAIL ITSELF OF THE COOPERATION, SERVICES,
RECORDS, AND FACILITIES OF STATE, MUNICIPAL, OR OTHER PUBLIC OR
PRIVATE LOCAL AGENCIES;
(4) ENTER INTO CONTRACTS WITH PUBLIC OR PRIVATE AGENCIES,
ORGANIZATIONS, OR INDIVIDUALS, FOR THE PARTIAL PERFORMANCE OF ANY
FUNCTIONS OF THE INSTITUTE; AND
(5) COMPENSATE CONSULTANTS AND MEMBERS OF TECHNICAL ADVISORY
COUNCILS WHO ARE NOT IN THE REGULAR FULL-TIME EMPLOY OF THE UNITED
STATES, AT A RATE NOW OR HEREAFTER PRESCRIBED FOR GS-18 OF THE
GENERAL SCHEDULE BY SECTION 5332 OF TITLE 5 OF THE UNITED STATES
CODE "5 USC 5332 NOTE." AND WHILE AWAY FROM HOME, OR REGULAR PLACE
OF BUSINESS, THEY MAY BE ALLOWED TRAVEL EXPENSES, INCLUDING PER
DIEM IN LIEU OF SUBSISTENCE, AS AUTHORIZED BY SECTION 5703 OF
TITLE 5, UNITED STATES CODE FOR PERSONS IN THE GOVERNMENT SERVICE
EMPLOYED INTERMITTENTLY.
(B) ANY FEDERAL AGENCY WHICH RECEIVES A REQUEST FROM THE INSTITUTE
UNDER SUBSECTION (G) (1) MAY COOPERATE WITH THE INSTITUTE AND SHALL, TO
THE MAXIMUM EXTENT PRACTICABLE, CONSULT WITH AND FURNISH INFORMATION AND
ADVICE TO THE INSTITUTE.
INFORMATION FUNCTION "42 USC 5652."
SEC. 242. THE NATIONAL INSTITUTE FOR JUVENILE JUSTICE AND
DELINQUENCY PREVENTION IS AUTHORIZED TO--,
(1) SERVE AS AN INFORMATION BANK BY COLLECTING SYSTEMATICALLY
AND SYNTHESIZING THE DATA AND KNOWLEDGE OBTAINED FROM STUDIES AND
RESEARCH BY PUBLIC AND PRIVATE AGENCIES, INSTITUTIONS, OR
INDIVIDUALS CONCERNING ALL ASPECTS OF JUVENILE DELINQUENCY,
INCLUDING THE PREVENTION AND TREATMENT OF JUVENILE DELINQUENCY;
(2) SERVE AS A CLEARINGHOUSE AND INFORMATION CENTER FOR THE
PREPARATION, PUBLICATION, AND DISSEMINATION OF ALL INFORMATION
REGARDING JUVENILE DELINQUENCY, INCLUDING STATE AND LOCAL JUVENILE
DELINQUENCY PREVENTION AND TREATMENT PROGRAMS AND PLANS,
AVAILABILITY OF RESOURCES, TRAINING AND EDUCATIONAL PROGRAMS,
STATISTICS, AND OTHER PERTINENT DATA AND INFORMATION.
RESEARCH, DEMONSTRATION, AND EVALUATION FUNCTIONS "42 USC
5653."
SEC. 243. THE NATIONAL INSTITUTE FOR JUVENILE JUSTICE AND
DELINQUENCY PREVENTION IS AUTHORIZED TO --,
(1) CONDUCT, ENCOURAGE, AND COORDINATE RESEARCH AND EVALUATION
INTO ANY ASPECT OF JUVENILE DELINQUENCY, PARTICULARLY WITH REGARD
TO NEW PROGRAMS AND METHODS WHICH SHOW PROMISE OF MAKING A
CONTRIBUTION TOWARD THE PREVENTION AND TREATMENT OF JUVENILE
DELINQUENCY;
(2) ENCOURAGE THE DEVELOPMENT OF DEMONSTRATION PROJECTS IN NEW,
INNOVATIVE TECHNIQUES AND METHODS TO PREVENT AND TREAT JUVENILE
DELINQUENCY;
(3) PROVIDE FOR THE EVALUATION OF ALL JUVENILE DELINQUENCY
PROGRAMS ASSISTED UNDER THIS TITLE IN ORDER TO DETERMINE THE
RESULTS AND THE EFFECTIVENESS OF SUCH PROGRAMS;
(4) PROVIDE FOR THE EVALUATION OF ANY OTHER FEDERAL, STATE, OR
LOCAL JUVENILE DELINQUENCY PROGRAM, UPON THE REQUEST OF THE
ADMINISTRATOR;
(5) PREPARE, IN COOPERATION WITH EDUCATIONAL INSTITUTIONS,
FEDERAL, STATE, AND LOCAL AGENCIES, AND APPROPRIATE INDIVIDUALS
AND PRIVATE AGENCIES, SUCH STUDIES AS IT CONSIDERS TO BE NECESSARY
WITH RESPECT TO THE PREVENTION AND TREATMENT OF JUVENILE
DELINQUENCY AND RELATED MATTERS, INCLUDING RECOMMENDATIONS
DESIGNED TO PROMOTE EFFECTIVE PREVENTION AND TREATMENT;
(6) DISSEMINATE THE RESULTS OF SUCH EVALUATIONS AND RESEARCH
AND DEMONSTRATION ACTIVITIES PARTICULARLY TO PERSONS ACTIVELY
WORKING IN THE FIELD OF JUVENILE DELINQUENCY; AND
(7) DISSEMINATE PERTINENT DATA AND STUDIES (INCLUDING A
PERIODIC JOURNAL) TO INDIVIDUALS, AGENCIES, AND ORGANIZATIONS
CONCERNED WITH THE PREVENTION AND TREATMENT OF JUVENILE
DELINQUENCY.
SEC. 244. THE NATIONAL INSTITUTE FOR JUVENILE JUSTICE AND
DELINQUENCY PREVENTION IS AUTHORIZED TO--,
(1) DEVELOP, CONDUCT, AND PROVIDE FOR TRAINING PROGRAMS FOR THE
TRAINING OF PROFESSIONAL, PARAPROFESSIONAL, AND VOLUNTEER
PERSONNEL, AND OTHER PERSONS WHO ARE OR WHO ARE PREPARING TO WORK
WITH JUVENILES AND JUVENILE OFFENDERS;
(2) DEVELOP, CONDUCT, AND PROVIDE FOR SEMINARS, WORKSHOP, AND
TRAINING PROGRAMS IN THE LATEST PROVEN EFFECTIVE TECHNIQUES AND
METHODS OF PREVENTING AND TREATING JUVENILE DELINQUENCY FOR LAW
ENFORCEMENT OFFICERS, JUVENILE JUDGES, AND OTHER COURT PERSONNEL,
PROBATION OFFICERS, CORRECTIONAL PERSONNEL, AND OTHER FEDERAL,
STATE, AND LOCAL GOVERNMENT PERSONNEL WHO ARE ENGAGED IN WORK
RELATING TO JUVENILE DELINQUENCY;
(3) DEVISE AND CONDUCT A TRAINING PROGRAM, IN ACCORDANCE WITH
THE PROVISIONS OF SECTIONS 249, 250, AND 251, OF SHORT-TERM
INSTRUCTION IN THE LATEST PROVEN-EFFECTIVE METHODS OF PREVENTION,
CONTROL, AND TREATMENT OF JUVENILE DELINQUENCY FOR CORRECTIONAL
AND LAW ENFORCEMENT PERSONNEL, TEACHERS AND OTHER EDUCATIONAL
PERSONNEL, JUVENILE WELFARE WORKERS, JUVENILE JUDGES AND JUDICIAL
PERSONNEL, PROBATION OFFICERS, AND OTHER PERSONS (INCLUDING LAY
PERSONNEL) CONNECTED WITH THE PREVENTION AND TREATMENT OF JUVENILE
DELINQUENCY; AND
(4) DEVELOP TECHNICAL TRAINING TEAMS TO AID IN THE DEVELOPMENT
OF TRAINING PROGRAMS IN THE STATES AND TO ASSIST STATE AND LOCAL
AGENCIES WHICH WORK DIRECTLY WITH JUVENILES AND JUVENILE
OFFENDERS.
INSTITUTE ADVISORY COMMITTEE "42 USC 5655."
SEC. 245. THE ADVISORY COMMITTEE FOR THE NATIONAL INSTITUTE FOR
JUVENILE JUSTICE AND DELINQUENCY PREVENTION ESTABLISHED IN SECTION 208
(D) "ANTE, P. 1117." SHALL ADVISE, CONSULT WITH, AND MAKE
RECOMMENDATIONS TO THE DEPUTY ASSISTANT ADMINISTRATOR FOR THE NATIONAL
INSTITUTE FOR JUVENILE JUSTICE AND DELINQUENCY PREVENTION CONCERNING THE
OVERALL POLICY AND OPERATIONS OF THE INSTITUTE.
ANNUAL REPORT "42 USC 5656."
SEC. 246. THE DEPUTY ASSISTANT ADMINISTRATOR FOR THE NATIONAL
INSTITUTE FOR JUVENILE JUSTICE AND DELINQUINCY PREVENTION SHALL DEVELOP
ANNUALLY AND SUBMIT TO THE ADMINISTRATOR AFTER THE FIRST YEAR THE
LEGISLATION IS ENACTED, PRIOR TO JUNE 30, A REPORT ON RESEARCH,
DEMONSTRATION, TRAINING, AND EVALUATION PROGRAMS FUNDED UNDER THIS
TITLE, INCLUDING A REVIEW OF THE RESULTS OF SUCH PROGRAMS, AN ASSESSMENT
OF THE APPLICATION OF SUCH RESULTS TO EXISTION AND TO NEW JUVENILE
DELINQUENCY PROGRAMS, AND DETAILED RECOMMENDATIONS FOR FUTURE RESEARCH,
DEMONSTRATION, TRAINING, AND EVALUATION PROGRAMS. THE ADMINISTRATOR
SHALL INCLUDE A SUMMARY OF THESE RESULTS AND RECOMMENSATIONS IN HIS
REPORT TO THE PRESIDENT AND CONGRESS REQUIRED BY SECTION 204 (B) (5).
"ANTE, P. 1113."
DEVELOPMENT OF STANDARDS FOR JUVENILE JUSTICE "42 USC 5657."
SEC. 247. (A) THE NATIONAL INSTITUTE FOR JUVENILE JUSTICE AND
DELINQUENCY PREVENTION, UNDER THE SUPERVISION OF THE ADVISORY COMMITTEE
ON STANDARDS FOR JUVENILE JUSTICE ESTABLISHED IN SECTION 208(E), SHALL
REVIEW EXISTING REPORTS, DATA, AND STANDARDS, RELATING TO THE JUVENILE
JUSTICE SYSTEM IN THE UNITED STATES.
(B) NOT LATER THAN ONE YEAR AFTER THE PASSAGE OF THIS SECTION, THE
ADVISORY COMMITTEE SHALL SUBMIT TO THE PRESIDENT AND THE CONGRESS A
REPORT WHICH, BASED ON RECOMMENDATION STANDARDS FOR THE ADMINISTRATION
OF JUVENILE JUSTICE AT THE FEDERAL, STATE, AND LOCAL LEVEL--,
(1) RECOMMENDS FEDERAL ACTION, INCLUDING BUT NOT LIMITED TO
ADMINISTRATIVE AND LEGISLATIVE ACTION, REQUIRED TO FACILITATE THE
ADOPTION OF THESE STANDARDS THROUGHOUT THE UNITED STATES; AND
(2) RECOMMENDS STATE AND LOCAL LACTION TO FACILITATE THE
ADOPTION OF THESE STANDARDS FOR JUVENILE JUSTICE AT THE STATE AND
LOCAL LEVEL.
(C) EACH DEPARTMENT, AGENCY, AND INSTRUMENTALITY OF THE EXECUTIVE
BRANCH OF THE GOVERNMENT, INCLUDING INDEPENDENT AGENCIES, IS AUTHORIZED
AND DIRECTED TO FURNISH TO THE ADVISORY COMMITTEE SUCH INFORMATION AS
THE COMMITTEE DEEMS NECESSARY TO CARRY OUT ITS FUNCTION UNDER THIS
SECTION.
SEC. 248. "42 USC 5658." RECORDS CONTAINING THE IDENTITY OF
INDIVIDUAL JUVENILES GATHERED FOR PURPOSES PURSUANT TO THIS TITLE MAY
UNDER NO CIRCUMSTANCES BE DISCLOSED OR TRANSFERRED TO ANY INDIVIDUAL OR
OTHER AGENCY, PUBLIC, OR PRIVATE.
ESTABLISHMENT OF TRAINING PROGRAM "42 USC 5659."
SEC. 249. (A) THE ADMINISTRATOR SHALL ESTABLISH WITHIN THE INSTITUTE
A TRAINING PROGRAM DESIGNED TO TRAIN ENROLLEES WITH RESPECT TO METHODS
AND TECHNIQUES FOR THE PREVENTION AND TREATMENT OF JUVENILE DELINQUENCY.
IN CARRYING OUT THIS PROGRAM THE ADMINISTRATOR IS AUTHORIZED TO MAKE
USE OF AVAILABLE STATE AND LOCAL SERVICES, EQUIPMENT, PERSONNEL,
FACILITIES, AND THE LIKE.
(B) ENROLLEES IN THE TRAINING PROGRAM ESTABLISHED UNDER THIS SECTION
SHALL BE DRAWN FROM CORRECTIONAL AND LAW ENFORCEMENT PERSONNEL, TEACHERS
AND OTHER EDUCATIONAL PERSONNEL, JUVENILE WELFARE WORKERS, JUVENILE
JUDGES AND JUDICIAL PERSONNEL, PROBATION OFFICERS, AND OTHER PERSONS
(INCLUDING LAY PERSONNEL) CONNECTED WITH THE PREVENTION AND TREATMENT OF
JUVENILE DELINQUENCY.
CURRICULUM FOR TRAINING PROGRAM "42 USC 5663."
SEC. 250. THE ADMINISTRATOR SHALL DESIGN AND SUPERVISE A CURRICULUM
FOR THE TRAINING PROGRAM ESTABLISHED BY SECTION 249 WHICH SHALL UTILIZE
AND INTERDISCIPLINARY APPROACH WITH RESPECT TO THE PREVENTION OF
JUVENILE DELINQUENCY, THE TREATMENT OF JUVENILE DELINQUENTS, AND THE
DIVERSION OF YOUTHS FROM THE JUVENILE JUSTICE SYSTEM. SUCH CURRICULUM
SHALL BE APPROPRIATE TO THE NEEDS OF THE ENROLLEES OF THE TRAINING
PROGRAM.
ENROLLMENT FOR TRAINING PROGRAM "42 USC 5661."
SEC. 251. (A) ANY PERSON SEEKING TO ENROLL IN THE TRAINING PROGRAM
ESTABLISHED UNDER SECTION 249 SHALL TRANSMIT AN APPLICATION TO THE
ADMINISTRATOR, IN SUCH FORM AND ACCORDING TO SUCH PROCEDURES AS THE
ADMINISTRATOR MAY PRESCRIBE.
(B) THE ADMINISTRATOR SHALL MAKE THE FINAL DETERMINATION WITH RESPECT
TO THE ADMITTANCE OF ANY PERSON TO THE TRAINING PROGRAM. THE
ADMINISTRATOR, IN MAKING SUCH DETERMINATION, SHALL SEEK TO ASSURE THAT
PERSONS ADMITTED TO THE TRAINING PROGRAM ARE BROADLY REPRESENTATIVE OF
THE CATEGORIES DESCRIBED IN SECTION 249 (B).
(C) WHILE STUDYING AT THE INSTITUTE AND WHILE TRAVELING IN CONNECTION
WITH HIS STUDY (INCLUDING AUTHORIZED FIELD TRIPS), EACH PERSON ENROLLED
IN THE INSTITUTE SHALL BE ALLOWED TRAVEL EXPENSES AND A PER DIEM
ALLOWANCE IN THE SAME MANNER AS PRESCRIBED FOR PERSONS EMPLOYED
INTERMITTENTLY IN THE GOVERNMENT SERVICE UNDER SECTION 5703 (B) OF TITLE
5, UNITED STATES CODE.
SEC. 261. (A) TO CARRY OUT THE PURPOSES OF THIS TITLE THERE IS
AUTHORIZED TO BE APPROPRIATED $75,000,000 FOR THE FISCAL YEAR ENDING
JUNE 30, 1975, $125,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1976,
AND $150,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1977.
(B) IN ADDITION TO THE FUNDS APPROPRIATED UNDER THIS SECTION, THE
ADMINISTRATION SHALL MAINTAIN FROM OTHER LAW ENFORCEMENT ASSISTANCE
ADMINISTRATION APPROPRIATIONS OTHER THAN THE APPROPRIATIONS FOR
ADMINISTRATION, AT LEAST THE SAME LEVEL OF FINANCIAL ASSISTANCE FOR
JUVENILE DELINQUENCY PROGRAMS ASSISTED BY THE LAW ENFORCEMENT ASSISTANCE
ADMINISTRATION DURING FISCAL YEAR 1972.
NONDISCRIMINATION PROVISIONS "42 USC 5672."
SEC. 262. (A) NO FINANCIAL ASSISTANCE FOR ANY PROGRAM UNDER THIS ACT
SHALL BE PROVIDED UNLESS THE GRANT, CONTRACT, OR AGREEMENT WITH RESPECT
TO SUCH PROGRAM SPECIFICALLY PROVIDES THAT NO RECIPIENT OF FUNDS WILL
DISCRIMINATE AS PROVIDED IN SUBSECTION (B) WITH RESPECT TO ANY SUCH
PROGRAM.
(B) NO PERSON IN THE UNITED STATES SHALL ON THE GROUND OF RACE,
CREED, COLOR, SEX, OR NATIONAL ORIGIN BEEXCLUDED FROM PARTICIPATION IN,
BE DENIED THE BENEFITS OF, BE SUBJECTED TO DISCRIMINATION UNDER, OR BE
DENIED EMPLOYMENT IN CONNECTION WITH ANY PROGRAM OR ACTIVITY RECEIVING
ASSISTANCE UNDER THIS ACT. THE PROVISIONS OF THE PRECEDING SENTENCE
SHALL BE ENFORCED IN ACCORDANCE WITH SECTION 603 OF THE CIVIL RIGHTS ACT
OF 1964. "42 USC 2000D-2." SECTION 603 OF SUCH ACT SHALL APPLY WITH
RESPECT TO ANY ACTION TAKEN TO ENFORCE SUCH SENTENCE. THIS SECTION
SHALL NOT BE CONSTRUED AS AFFECTING ANY OTHER LEGAL REMEDY THAT A PERSON
MAY HAVE IF SUCH PERSON IS EXCLUDED FROM PARTICIPATION IN, DENIED THE
BENEFITS OF, SUBJECTED TO DISCRIMNATION UNDER, OR DENIED EMPLOYMENT IN
CONNECTION WITH ANY PROGRAM OR ACTIVITY RECEIVING ASSISTANCE UNDER THIS
ACT.
EFFECTIVE CLAUSE "42 USC 5601 NOTE."
SEC. 263. (A) EXCEPT AS PROVIDED BY SUBSECTION (B), THE FOREGOING
PROVISIONS OF THIS ACT SHALL TAKE EFFECT ON THE DATE OF ENACTMENT OF
THIS ACT.
(B) SECTION 204 (B) (5) AND 204 (B) (6) "ANTE, P. 1113." SHALL BECOME
EFFECTIVE AT THE CLOSE OF THE THIRTY-FIRST DAY OF THE TWELFTH CALENDAR
MONTH OF 1974. SECTION 204 (1) SHALL BECOME EFFECTIVE AT THE CLOSE OF
THE THIRTY-FIRST DAY OF THE EIGHTH CALENDAR MONTH OF 1976.
SHORT TITLE "42 USC 5701 NOTE."
SEC. 301. THIS TITLE MAY BE CITED AS THE "RUNAWAY YOUTH ACT".
FINDINGS "42 USC 5701."
SEC. 302. THE CONGRESS HEREBY FINDS THAT--,
(1) THE NUMBER OF JUVENILES WHO LEAVE AND REMAIN AWAY FROM HOME
WITHOUT PARENTAL PERMISSION HAS INCREASED TO ALARMING PROPORTIONS,
CREATING A SUBSTANTIAL LAW ENFORCEMENT PROBLEM FOR THE COMMUNITIES
INUNDATED, AND SIGNIFICANTLY ENDANGERING THE YOUNG
(2) THE EXACT NATURE OF THE PROBLEM IS NOT WELL DEFINED BECAUSE
NATIONAL STATISTICS ON THE SIZE AND PROFILE OF THE RUNAWAY YOUTH
POPULATION ARE NOT TABULATED;
(3) MANY SUCH YOUNG PROPLE, BECAUSE OF THEIR AGE AND SITUATION,
ARE URGENTLY IN NEED OF TEMPORARY SHELTER AND COUNSELING SERVICES;
(4) THE PROBLEM OF LOCATING, DETAINING, AND RETURNING RUNAWAY
CHILDREN SHOULD NOT BE THE RESPONSIBILITY OF ALREADY OVERBURDENED
POLICH DEPARTMENTS AND JUVENILE JUSTICE AUTHORITIES; AND
(5) IN VIEW OF THE INTERSTATE NATURE OF THE PROBLEM, IT IS THE
RESPONSIBILITY OF THE FEDERAL GOVERNMENT TO DEVELOP ACCURATE
REPORTING OF THE PROBLEM NATIONALLY AND TO DEVELOP AN EFFECTIVE
SYSTEM OF TEMPORARY CARE OUTSIDE THE LAW ENFORCEMENT STRUCTURE.
RULES "42 USC 5702."
SEC. 303. THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE
(HERE-IN-AFTER REFERRED TO AS THE "SECRETARY") MAY PRESCRIBE SUCH RULES
AS HE CONSIDERS NECESSARY OR APPROPRIATE TO CARRY OUT THE PURPOSES OF
THIS TITLE.
PURPOSES OF GRANT PROGRAM "42 USC 5711."
SEC. 311. THE SECRETARY IS AUTHORIZED TO MAKE GRANTS AND TO PROVIDE
TECHNICAL ASSISTANCE TO LOCALITIES AND NONPROFIT PRIVATE AGENCIES IN
ACCORDANCE WITH THE PROVISIONS OF THIS PART. GRANTS UNDER THIS PART
SHALL BE MADE FOR THE PURPOSE OF DEVELOPING LOCAL FACILITIES TO DEAL
PRIMARILY WITH THE IMMEDIATE NEEDS OF RUNAWAY YOUTH IN A MANNER WHICH IS
OUTSIDE THE LAW ENFORCEMENT STRUCTURE AND JUVENILE JUSTICE SYSTEM. THE
SIZE OF SUCH GRANT SHALL BE DETERMINED BY THE NUMBER OF RENAWAY YOUTH IN
THE COMMUNITY AND THE EXISTING AVAILABILITY OF SERVICES. AMONG
APPLICANTS PRIORITY SHALL BE GIVEN TO PRIVATE ORGANIZATIONS OR
INSTITUTIONS WHICH HAVE HAD PAST EXPERIENCE IN DEALING WITH RUNAWAY
YOUTH.
ELIGIBILITY "42 USC 5712."
SEC. 312. (A) TO BE ELIGIBLE FOR ASSISTANCE UNDER THIS PART, AN
APPLICANT SHALL PROPOSE TO ESTABLISH, STRENGTHEN, OR FUND AN EXISTING OR
PROPOSED RUNAWAY HOUSE, A LOCALLY CONTROLLED FACILITY PROVIDING
TEMPORARY SHELTER, AND COUNSELING SERVICES TO JUVENILES WHO HAVE LEFT
HOME WITHOUT PERMISSION OF THEIR PARENTS OR GUARDIANS.
(B) IN ORDER TO QUALIFY FOR ASSISTANCE UNDER THIS PART, AN APPLICANT
SHALL SUBMIT A PLAN TO THE SECRETARY MEETING THE FOLLOWING REQUIREMENTS
AND INCLUDING THE FOLLOWING INFORMATION. EACH HOUSE--,
(1) SHALL BE LOCATED IN AN AREA WHICH IS DEMONSTRABLY
FREQUENTED BY OR EASILY REACHABLE BY RUNAWAY YOUTH;
(2) SHALL HAVE A MAXIMUM CAPACITY OF NO MORE THAN TWENTY
CHILDREN, WITH A RETIO OF STAFF TO CHILDREN OF SUFFICIENT PORTION
TO ASSURE ADEQUATE SUPERVISION AND TREATMENT;
(3) SHALL DEVELOP ADEQUATE PLANS FOR CONTACTING THE CHILD'S
PARENTS OR RELATIVES (IF SUCH ACTION IS REQUIRED BY STATE LAW) AND
ASSURING THE SAFE RETURN OF THE CHILD ACCORDING TO THE BEST
INTERESTS OF THE CHILD, FOR CONTACTING LOCAL GOVERNMENT OFFICIALS
PURSUANT TO INFORMAL ARRANGEMENTS ESTABLISHED WITH SUCH OFFICEALS
BY THE RUNAWAY HOUSE, AND FOR PROVIDING FOR OTHER APPROPRIATE
ALTERNATIVE LIVING ARRANGEMENTS;
(4) SHALL DEVELOP AN ADEQUATE PLAN FOR ASSURING PROPER
RELATIONS WITH LAW ENFORCEMENT PERSONNEL, AND THE RETURN OF
RUNAWAY YOUTHS FROM CORRECTIONAL INSTITUTIONS;
(5) SHALL DEVELOP AN ADEQUATE PLAN FOR AFTERCARE COUNSELING
INVOLVING RUNAWAY YOUTH AND THEIR PARENTS WITHIN THE STATE IN
WHICH THE RUNAWAY HOUSE IS LOCATED AND FOR ASSURING, AS POSSIBLE,
THAT AFTERCASE SERVICES WILL BE JPROVIDED TO THOSE CHILDREN WHO
ARE RETURNED BEYOND THE STATE IN WHICH THE RUNAWAY HOUSE IS
LOCATED;
(6) SHALL KEEP ADEQUATE STATISTICAL RECORDS PROFILING THE
CHILDREN AND PARENTS WHICH IT SERVES, EXCEPT THAT RECORDS
MAINTAINED ON INDIVIDUAL RUNAWAY YOUTHS SHALL NOT BE DISCLOSED
WITHOUT PARENTAL CONSENT TO ANYONE OTHER THAN ANOTHER AGENCY
COMPILING STATISTICAL RECORDS OR A GOVERNMENT AGENCY INVOLVED IN
THE DISPOSITION OF CRIMINAL CHARGES AGAINST AN INDIVIDUAL RUNAWAY
YOUTH, AND REPORTS OR OTHER DOCUMENTS BASED ON SUCH STATISTICAL
RECORDS SHALL NOT DISCLOSE THE IDENTITY OF INDIVIDUAL RUNAWAY
YOUTHS;
(7) SHALL SUBMIT ANNUAL REPORTS TO THE SECRETARY DETAILING HOW
THE HOUSE HAS BEEN ABLE TO MEET THE GOALS OF ITS PLANS AND
REPORTING THE STATISTICAL SUMMARIES REQUIRED BY PARAGRAPH (6);
(8) SHALL DEMONSTRATE ITS ABILITY TO OPERATE UNDER ACCOUNTING
PROCEDURES AND FISCAL CONTROL DEVICES AS REQUIRED BY THE
SECRETARY;
(9) SHALL SUBMIT A BUDGET ESTIMATE WITH RESPECT TO THE PLAN
SUBMITTED BY SUCH HOUSE UNDER THIS SUBSECTION; AND
(10) SHALL SUPPLY SUCH OTHER INFORMATION AS THE SECRETARY
REASONABLY DEEMS NECESSARY.
APPROVAL BY SECRETARY "42 USC 5713."
SEC. 313. AN APPLICATION BY A STATE, LOCALITY, OR NONPROFIT PRIVATE
AGENCY FOR A FOR A GRANT UNDER THIS PART MAY BE APPROVED BY THE
SECRETARY ONLY IF IT IS CONSISTENT WITH THE APPLICABLE PROVISIONS OF
THIS PART AND MEETS THE REQUIREMENTS SET FORTH IN SECTION 312. PRIORTY
SHALL BE GIVEN TO GRANTS SMALLER THAN $75,000. IN CONSIDERING GRANT
APPLICATIONS UNDER THIS PART, PRIORITY SHALL BE GIVEN TO ANY APPLICANT
WHOSE PROGRAM BUDGET IS SMALLER THAN $100,000.
GRANTS TO PRIVATE AGENCIES STAFFING "42 USC 5713."
SEC. 314. NOTHING IN THIS PART SHALL BE CONSTRUED TO DENY GRANTS TO
NONPROFIT PRIVATE AGENCIES WHICH ARE FULLY CONTROLLED BY PRIVATE BOARDS
OR PERSONS BUT WHICH IN OTHER RESPECTS MEET THE REQUIREMENTS OF THIS
PART AND AGREE TO BE LEGALLY RESPONSIBLE FOR THE OPERATION OF THE
RUNAWAY HOUSE. NOTHING IN THIS PART SHALL GIVE THE FEDERAL GOVERNMENT
CONTROL OVER THE STAFFING AND PERSONNEL DECISIONS OF FACILITIES
RECEIVING FEDERAL FUNDS.
REPORTS "42 USC 5715."
SEC. 315. THE SECRETARY SHALL ANNUALLY REPORT TO THE CONGRESS ON THE
STATUS AND ACCOMPLISHMENTS OF THE RUNAWAY HOUSES WHICH ARE FUNDED UNDER
THIS PART, WITH PARTICULAR ATTENTION TO--,
(1) THEIR EFFECTIVENESS IN ALLEVIATING THE PROBLEMS OF RUNAWAY
YOUTH;
(2) THEIR ABILITY TO REUNITE CHILDREN WITH THEIR FAMILIES AND
TO ENCOURAGE THE RESOLUTION OF INTRAFAMILY PROBLEMS THROUGH
COUNSELING OTHER SERVICES;
(3) THEIR EFFECTIVENESS IN STRENGTHENING FAMILY RELATIONSHIPS
AND ENCOURAGING STABLE LIVING CONDITIONS FOR CHILDREN; AND
(4) THEIR EFFECTENESS IN HELPING YOUTH DECIDE UPON A FUTURE
COURSE OF ACTION.
FEDERAL SHARE "42 USC 5716."
SEC. 316. (A) THE FEDERAL SHARE FOR THE ACQUISITION AND RENOVATION
OF EXISTING STRUCTURES, THE PROVISION OF COUNSELING SERVICES, STAFF
TRAINING, AND THE GENERAL COSTS OF OPERATIONS OF SUCH FACILITY'S BUDGET
FOR ANY FISCAL YEAR SHALL BE 90 PER CENTUM. THE NON-FEDERAL SHARE MAY
BE IN CASH OR IN KIND, FAIRLY EVALUATED BY THE SECRETARY, INCLUDING
PLANT, EQUIPMENT, OR SERVICES.
(B) PAYMENTS UNDER THIS SECTION MAY BE MADE IN INSTALLMENTS, IN
ADVANCE, OR BY WAY OF REIMBURSEMENT, WITH NECESSARY ADJUSTMENTS ON
ACCOUNT OF OVERPAYMENTS OR UNDERPAYMENTS.
SURVEY; REPORT "42 USC 5731."
SEC. 321. THE SECRETARY SHALL GATHER INFORMATION AND CARRY OUT A
COMPREHENSIVE STATISTICAL SURVEY DEFINING THE MAJOR CHARACTERISTIC OF
THE RUNAWAY YOUTH POPULATION AND DETERMINING THE AREAS OF THE NATION
MOST AFFECTED. SUCH SURVEY DHALL INCLUDE THE AGE, SEX, AND
SOCIOECONOMIC BACKGROUND OF RUNAWAY YOUTH, THE PLACES FROM WHICH AND TO
WHICH CHILDREN RUN, AND THE RELATIONSHIP BETWEEN RUNNING AWAY AND OTHER
ILLEGAL BEHAVIOR. THE SECRETARY SHALL REPORT THE RESULTS OF SUCH
INFORMATION GATHERING AND SURVEY TO THE CONGRESS NOT LATER THAN JUNE 30,
1975.
RECORDS "42 USC 5732."
SEC. 322. RECORDS CONTAINING THE IDENTITY OF INDIVIDUAL RUNAWAY
YOUTHS GATHERED FOR STATISICAL PURPOSES PURSUANT TO SECTION 321 MAY
UNDER NO CIRCUMSTANCES BE DISCLOSED OR TRANSFERRED TO ANY INDIVIDUAL OR
TO ANY PUBLIC OR PRIVATE AGENCY.
SEC. 331. (A) TO CARRY OUT THE PURPOSES OF PART A OF THIS TITLE
THERE IS AUTHORIZED TO BE APPROPRIATED FOR EACH OF THE FISCAL YEARS
ENDING JUNE 30, 1975, 1976, AND 1977, THE SUM OF $10,000,000.
(B) TO CARRY OUT THE PURPOSES OF PART B OF THIS TITLE THERE IS
AUTHORIZED TO BE APPROPRIATED THE SUM OF $500,000.
YOUTH DEVELOPMENT DEMONSTRATIONS
SEC. 401. "42 USC 3811." TITLE I OF THE JUVENILE DELINQUENCY
PREVENTION ACT IS AMENDED (1) IN THE CAPTION THEREOF, BY INSERTING "AND
DEMONSTRATION PROGRAMS" AFTER "SERVICES"; (2) FOLLOWING THE CAPTION
THEREOF, BY INSERTING "PART A--COMMUNITY-BASED COORDINATED YOUTH
SERVICES"; (3) IN SECTIONS 101, 102(A), 102(B) (1), 102(B) (2), 103(A)
(INCLUDING PARAGRAPH (1) THEREOF), 104(A) (INCLUDING PARAGRAPHS (1),
(4), (5), (7), AND (10) THEREOF), AND 104(B) "42 USC 3812 - 3814." BY
STRIKING OUT "TITLE" AND INSERTING "PART" IN LIEU THEREOF; AND (4) BY
INSERTING AT THE END OF THE TITLE FOLLOWING NEW PART:
"SEC. 105. "42 USC 3821." (A) FOR THE PURPOSE OF ASSISTING THE
DEMONSTRATION OF INNOVATIVE APPROACHES TO YOUTH DEVELOPMENT AND THE
PREVENTION AND TREATMENT OF DELINQUENT BEHAVIOR (INCLUDING PAYMENT OF
ALL OR PART OF THE COSTS OF MINOR REMODELING OR ALTERATION), THE
SECRETARY MAY MAKE GRANTS TO ANY STATE (OR POLITICAL SUBDIVISION
THEREOF), ANY AGENCY THEREOF, AND ANY NONPROFIT PRIVATE AGENCY,
INSTITUTION , OR ORGANIZATION THAT SUBMITS TO THE SECRETARY, AT SUCH
TIME AND IN SUCH FORM AND MANNER AS THE SECRETARY'S REGULATIONS SHALL
PRESCRIBE, AN APPLICATION CONTAINING A DESCRIPTION OF THE PURPOSES FOR
WHICH THE GRANT IS SOUGHT, AND ASSURANCES SATISFACTORY TO THE SECRETARY
THAT THE APPLICANT WILL USE THE GRANT FOR THE PURPOSES FOR WHICH IT IS
PROVIDED, AND WILL COMPLY WITH SUCH REQUIREMENTS RELATION TO THE
SUBMISSION OR REPORTS, METHODS OF FISCAL ACCOUNTING, THE INSPECTION AND
AUDIT OF RECORDS AND OTHER MATERIALS, AND SUCH OTHER RULES, REGULATIONS,
STANDARDS, AND PROCEDURES, AS THE SECRETARY MAY IMPOSE TO ASSURE THE
FULFILLMENT OF THE PURPOSES OF THIS ACT.
"(B) NO DEMONSTRATION MAY BE ASSISTED BY GRANT UNDER THIS SECTION FOR
MORE THAN ONE YEAR."
CONSULTATION
SEC. 402. "42 USC 3888." (A) SECTION 408 OF SUCH ACT IS AMENDED BY
ADDING AT THE END OF SUBSECTION (A) THEREOF THE FOLLOWING NEW
SUBSECTION:
"(B) THE SECRETARY SHALL CONSULT WITH THE ATTORNEY GENERAL FOR THE
PURPOSE OF COORDINATING THE DEVELOPMENT AND IMPLEMENTATION OF PROGRAMS
AND ACTIVITIES FUNDED UNDER THIS ACT WITH THOSE RELATED PROGRAMS AND
ACTIVITIES FUNDED UNDER THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT
OF 1968", "42 USC 3701 NOTE." AND BY DELETING SUBSECTION (B) THEREOF.
(B) SECTION 409 IS REPEALED. "42 USC 3889."
REPEAL OF MINIMUM STATE ALLOTMENTS
SEC. 403. "42 USC 3883." SECTION 402(B) OF SUCH ACT IS REPEALED, AND
SECTION 403(A) OF SUCH ACT IS REDESIGNATED SECTION 403.
EXTENSION OF PROGRAM
SEC. 404. "42 USC 3882." SECTION 402 OF SUCH ACT, AS AMENDED BY THIS
ACT, IS FURTHER AMENDED IN THE FIRST SENTENCE BY INSERTING AFTER "FISCAL
YEAR" THE FOLLOWING: "AND SUCH SUMS AS MAY BE NECESSARY FOR FISCAL YEAR
1975".
SEC. 501. SECTION 5031 OF TITLE 18, UNITED STATES CODE, IS AMENDED
TO READ AS FOLLOWS:
"FOR THE PURPOSES OF THIS CHAPTER, A 'JUVENILE' IS A PERSON WHO HAS
NOT ATTAINED HIS EIGHTEENTH BIRTHDAY, OR FOR THE PURPOSE OF PROCEEDINGS
AND DISPOSITION UNDER THIS CHAPTER FOR AN ALLEGED ACT OF JUVENILE
DELINQUENCY, A PERSON WHO HAS NOT ATTAINED HIS TWENTY-FIRST BIRTHDAY,
AND 'JUVENILE DELINQUENCY' IS THE VIOLATION OF A LAW OF THE UNITED
STATES COMMITTED BY A PERSON PRIOR TO HIS EIGHTEENTH BIRTHDAY WHICH
WOULD HAVE BEEN A CRIME IF COMMITTED BY AN ADULT."
DELINQUENCY PROCEEDINGS IN DISTRICT COURTS
SEC. 502. SECTION 5032 OF TITLE 18, UNITED STATES CODE, IS AMENDED TO
READ AS FOLLOWS:
TRANSFER FOR CRIMINAL PROSECUTION
"A JUVENILE ALLEGED TO HAVE COMMITTED AN ACT OF JUVENILE DELINQUENCY
SHALL NOT BE PROCEEDED AGAINST IN ANY COURT OF THE UNITED STATES UNLESS
THE ATTORNEY GENERAL, AFTER INVESTIGATION, CERTIFIES TO AN APPROPRIATE
DISTRICT COURT OF THE UNITED STATES THAT THE JUVENILE COURT OR OTHER
APPROPRIATE COURT OF A STATE (1) DOES NOT HAVE JURISDICTION OR REFUSES
TO ASSUME JURISDICTION OVER SAID JUVENILE WITH RESPECT TO SUCH ALLEGED
ACT OF JUVENILE DELINQUENCY, OR (2) DOES NOT HAVE AVAILABLE PROGRAMS AND
SERVICES ADEQUATE FOR THE NEEDS OF JUVENILES.
"IF THE ATTORNEY GENERAL DOES NOT SO CERTIFY, SUCH JUVENILE SHALL BE
SURRENDERED TO THE APPROPRIATE LEGAL AUTHORITIES OF SUCH STATE.
"IF AN ALLEGED JUVENILE DELINQUENT IS NOT SURRENDERED TO THE
AUTHORITIES OF A STATE OR THE DISTRICT OF COLUMBIA PURSUANT TO THIS
SECTION, ANY PROCEEDINGS AGAINST HIM SHALL BE IN AN APPROPRIATE DISTRICT
L COURT OF THE UNITED STATES. FOR SUCH PURPOSES, THE COURT MAY BE
CONVENED AT ANY TIME AND PLACE WITHIN THE DISTRICT, IN CHAMBERS OR
OTHERWISE. THE ATTORNEY GENERAL SHALL PROCEED BY INFORMATION, AND NO
CRIMINAL PROSECUTION SHALL BE INSTITUTED FOR THE ALLEGED ACT OF JUVENILE
DELINQUENCY EXCEPT AS PROVIDED BELOW.
"A JUVENILE WHO IS ALLEGED TO HAVE COMMITTED AN ACT OF JUVENILE
DELINQUENCY AND WHO IS NOT SURRENDERED TO STATE AUTHORITIES SHALL BE
PROCEEDED AGAINST UNDER THIS CHAPTER UNLESS HE HAS REQUESTED IN WRITING
UPON ADVICE OF COUNSEL TO BE PROCEEDED AGAINST AS AN ADULT, EXCEPT THAT,
WITH RESPECT TO A JUVENILE SEXTEEN YEARS AND OLDER ALLEGED TO HAVE
COMMITTED AN ACT AFTER HIS SIXTEENTH BIRTHDAY WHICH IF COMMITTED BY AN
ADULT WOULD BE A FELONY PUNISHABLE BY A MAXIMUM PENALTY OF TEN YEARS
IMPRISONMENT OR MORE, LIFE IMPRISONMENT, OR DEATH, CRIMINAL PROSECUTION
ON THE BASIS OF THE ALLEGED ACT MAY BE BEGUN BY MOTION TO TRANSFER OF
THE ATTORNEYGENERAL IN THE APPROPRIATE DISTRICT COURT OF THE UNITED
STATES, IF SUCH COURT FINDS, AFTER HEARING, SUCH TRANSFER WOULD BE IN
THE INTEREST OF JUSTICE.
"EVIDENCE OF THE FOLLOWING FACTORS SHALL BE CONSIDERED, AND FINDINGS
WITH REGARD TO EACH FACTOR SHALL BE MADE IN THE RECORD, IN ASSESSING
WHETHER A TRANSFER WOULD BE IN THE INTEREST OF JUSTICE: THE AGE AND
SOCIAL BACKGROUND OF THE JUVENILE; THE NATURE OF THE ALLEGED OFFENSE;
THE EXTENT AND NATURE OF THE JUVENILE'S PRIOR DELINQUENCY RECORD; THE
JUVENILE'S PRESENT INTELLECTUAL DEVELOPMENT AND PSYCHOLOGICAL MATURITY;
THE NATURE OF PAST TREATMENT EFFORTS AND THE JUVENILE'S RESPONSE TO SUCH
EFFORTS; THE AVAILABILITY OF PROGRAMS DESIGNED TO TREAT THE JUVENILE'S
BEHAVIORAL PROBLEMS.
"REASONABLE NOTICE OF THE TRANSFER HEARING SHALL BE GIVEN TO THE
JUVENILE, HIS PARENTS, GUARDIAN, OR CUSTODIAN AND TO HIS COUNSEL. THE
JUVENILE SHALL BE ASSISTED BY COUNSEL DURING THE TRANSFER HEARING, AND
AT EVERY OTHER CRITICAL STAGE OF THE PROCEEDINGS.
"ONCE A JUVENILE HAS ENTERED A PLEA OF GUILTY OR THE PROCEEDING HAS
REACHED THE STAGE THAT EVIDENCE HAS BEGUN TO BE TAKEN WITH RESPECT TO A
CRIME OR AN ALLEGED ACT OF JUVENILE DELINQUENCY SUBSEQUENT CRIMINAL
PROSECUTION OR JUVENILE PROCEEDINGS BASED UPON SUCH ALLEGED ACT OF
DELINQUENCY SHALL BE BARRED.
"STATEMENTS MADE BY A JUVENILE PRIOR TO OR DURING A TRANSFER HEARING
UNDER THIS SECTION SHALL NOT BE ADMISSIBLE AT SUBSEQUENT CRIMINAL
PROSECUTIONS."
CUSTODY
SEC. 503. SECTION 5033 OF TITLE 18, UNITED STATES CODE IS AMENDED TO
READ AS FOLLOWS:
"WHENEVER A JUVENILE IS TAKEN INTO CUSTODY FOR AN ALLEGED ACT OF
JUVENILE DELINQUENCY, THE ARRESTING OFFICER SHALL IMMEDIATELY ADVISE
SUCH JUVENILE OF HIS LEGAL RIGHTS, IN LANGUAGE COMPREHENSIVE TO A
JUVENILE, AND SHALL IMMEDIATELY NOTIFY THE ATTORNEY GENERAL AND THE
JUVENILE'S PARENTS, GUARDIAN, OR CUSTODIAN OF SUCH CUSTODY. THE
ARRESTING OFFICER SHALL ALSO NOTIFY THE PARENTS, GUARDIAN, OR CUSTODIAN
OF THE RIGHTS OF THE JUVENILE AND OF THE NATURE OF THE ALLEGED OFFENSE.
"THE JUVENILE SHALL BE TAKEN BEFORE A MAGISTRATE FORTHWITH. IN NO
EVENT SHALL THE JUVENILE BE DETAINED FOR LONGER THAN A REASONABLE PERIOD
OF TIME BEFORE BEING BROUGHT BEFORE A MAGISTRATE."
DUTIES OF MAGISTRATE
SEC. 504. SECTION 5034 OF TITLE 18, UNITED STATES CODE, IS AMENDED
TO READ AS FOLLOWS:
"THE MAGISTRATE SHALL INSURE THAT THE JUVENILE IS REPRESENTED BY
COUNSEL BEFORE PROCEEDING WITH CRITICAL STAGES OF THE PROCEEDINGS.
COUNSEL SHALL BE ASSIGNED TO REPRESENT A JUVENILE WHEN THE JUVENILE AND
HIS PARENTS, GUARDIAN, OR CUSTODIAN ARE FINANCIALLY UNABLE TO OBTAIN
ADEQUATE REPRESENTATION. IN CASES WHERE THE JUVENILE AND HIS PARENTS,
GUARDIAN, OR CUSTODIAN ARE FINANCIALLY ABLE TO OBTAIN ADEQUATE
REPRESENTATION BUT HAVE NOT RETAINED COUNSEL, THE MAGISTRATE MAY ASSIGN
COUNSEL AND ORDER THE PAYMENT OF REASONABLE ATTORNEY'S FEES OR MAY
DIRECT THE JUVENILE, HIS PARENTS, GUARDIAN, OR CUSTODIAN TO RETAIN
PRIVATE COUNSEL WITHIN A SPECIFIED PERIOD OF TIME.
"THE MAGISTRATE MAY APPOINT A GUARDIAN AD LITEM IF A PARENT OR
GUARDIAN OF THE JUVENILE IS NOT PRESENT, OR IF THE MAGISTRATE HAS REASON
TO BELIEVE THAT THE PARENTS OR GUARDIAN WILL NOT COOPERATE WITH THE
JUVENILE IN PREPARING FOR TRIAL, OR THAT THE INTERESTS OF THE PARENTS OR
GUARDIAN AND THOSE OF THE JUVENILE ARE ADVERSE.
"IF THE JUVENILE HAS NOT BEEN DESCHARGED BEFORE HIS INITIAL
APPEARANCE BEFORE THE MAGISTRATE, THE MAGISTRATE SHALL RELEASE THE
JUVENILE TO HIS PARENTS, GUARDIAN, CUSTODIAN, OR OTHER RESPONSIBLE PARTY
(INCLUDING, BUT NOT LIMITED TO, THE DIRECTOR OF A SHELTER-CARE FACILITY
UPON THEIR PROMISE TO BRING SUCH JUVENILE BEFORE THE APPROPRIATE COURT
WHEN REQUESTED BY SUCH COURT UNLESS THE MAGISTRATE DETERMINES, AFTER
HEARING, AT WHICH THE JUVENILE IS REPRESENTED BY COUNSEL, THAT THE
DETENTION OF SUCH JUVENILE IS REQUIRED TO SECURE HIS TIMELY APPEARANCE
BEFORE THE APPROPRIATE COURT OR TO INSURE HIS SAFETY OR THAT OF OTHERS."
DETENTION
SEC. 505. SECTION 5035 OF THIS TITLE "18 USC 5035." IS AMENDED TO
READ AS FOLLOWS:
"A JUVENILE ALLEGED TO BE DELINQUENT MAY BE DETAINED ONLY IN A
JUVENILE FACILITY OR SUCH OTHER SUITABLE PLACE AS THE ATTORNEY GENERAL
MAY DESIGNATE. WHENEVER POSSIBLE, DETENTION SHALL BE IN A FOSTER HOME
OR COMMUNTIY BASED FACILITY LOCATED IN OR NEAR HIS HOME COMMUNITY. THE
ATTORNEY GENERAL SHALL NOT CAUSE ANY JUVENILE ALLEGED TO BE DELINQUENT
TO BE DETAINED OR CONFINED IN ANY INSTITUTION IN WHICH THE JUVENILE HAS
REGULAR CONTACT WITH ADULT PERSONS CONVICTED OF A CRIME OR AWAITHING
TRIAL ON CRIMINAL CHARGES. INSOFAR AS POSSIBLE, ALLEGED DELINQUENTS
SHALL BE KEPT SEPARATE FRIM ADJUDICATED DELINQUENTS. EVERY JUVENILE IN
CUSTODY SHALL BE PROVIDED WITH ADEQUATE FOOD, HEAT, LIGHT, SANITARY
FACILITIES, BEDDING, CLOTHING, RECREATION, EDUCATION, AND MEDICAL CARE,
INCLUDING NECESSARY PSYCHIATRIC, PSYCHOLOGICAL, OR OTHER CARE AND
TREATMENT."
SPEEDY TRIAL
SEC. 506. SECTION 5036 OF THIS TITLE IS AMENDED TO READ AS FOLLOWS:
"18 USC 5036."
"IF AN ALLEGED DELINQUENT WHO IS IN DETENTION PENDING TRIAL IS NOT
BROUGHT TO TRIAL WITHIN THIRTY DAYS FROM THE DATE UPON WHICH SUCH
DETENTION WAS BEGUN, THE INFORMATION SHALL BE DISMISSED ON MOTION OF THE
ALLEGED DELINQUENT OR AT THE DIRECTION OF THE COURT, UNLESS THE ATTORNEY
GENERAL SHOWS THAT ADDITIONAL DELAY WAS CAUSED BY THE JUVENILE OR HIS
COUNSEL, OR CONSENTED TO BY THE JUVENILE AND HIS COUNSEL, OR WOULD BE IN
THE INTEREST OF JUSTICE IN THE PARTICULAR CASE. DELAYS ATTRIBUTABLE
SOLELY TO COURT CALENDAR CONGESTION MAY NOT BE CONSIDERED IN THE
INTEREST OF JUSTICE. EXCEPT IN EXTRAORDINARY CIRCUMSTANCES, AN
INFORMATION DISMISSED UNDER THIS SECTION MAY NOT BE REINSTITUTED."
DISPOSITION
SEC. 507. SECTION 5037 "18 USC 5037." IS AMENDED TO READ AS FOLLOWS:
"(A) IF A JUVENILE IS ADJUDICATED DELINQUENT, A SEPARATE
DISPOSITIONAL HEARING SHALL BE HELD NO LATER THAN TWENTY COURT DAYS
AFTER TRIAL UNLESS THE COURT HAS ORDERED FURTHER STUDY IN ACCORDANCE
WITH SUBSECTION (C). COPIES OF THE PRESENTENCE REPORT SHALL BE PROVIDED
TO THE ATTORNEYS FOR BOTH THE JUVENILE AND THE GOVERNMENT A REASONABLE
TIME IN ADVANCE OF THE HEARING.
"(B) THE COURT MAY SUSPEND THE ADJUDICATION OF DELINQUENCY OR THE
DISPOSITION OF THE DELINQUENT ON SUCH CONDITIONS AS IT DEEMS PROPER,
PLACE HIM ON PROBATION, OR COMMIT HIM TO THE CUSTODY OF THE ATTORNEY
GENERAL. PROBATION, COMMITMENT, OR COMMITMENT IN ACCORDANCE WITH
SUBSECTION (C) SHALL NOT EXTEND BEYOND THE JUVENILE'S TWENTY-FIRST
BIRTHDAY OR THE MAXIMUM TERM WHICH COULD HAVE BEEN IMPOSED ON AN ADULT
CONVICTED OF THE SAME OFFENSE, WHICHEVER IS SOONER, UNLESS THE JUVENILE
HAS ATTAINED HIS NINETEENTH BIRTHDAY AT THE TIME OF DISPOSITION, IN
WHICH CASE PROBATION, COMMITMENT, OR COMMITMENT IN ACCORDANCE WITH
SUBSECTION (C) SHALL NOT EXCEED THE LESSER OF TWO YEARS OR THE MAXIMUM
TERM WHICH COULD HAVE BEEN IMPOSED ON AN ADULT CONVICTED OF THE SAME
OFFENSE.
"(C) IF THE COURT DESIRES MORE DETAILED INFORMATION CONCERNING AN
ALLEGED OR ADJUDICATED DELINQUENT, IT MAY COMMIT HIM, AFTER NOTICE AND
HEARING AT WHICH THE JUVENILE IS REPRESENTED BY COUNSEL, TO THE CUSTODY
OF THE ATTORNEY GENERAL FOR OBSERVATION AND STUDY BY AN APPROPRIATE
AGENCY. SUCH OBSERVATION AND STUDY SHALL BE CONDUCTED ON AN OUTPATIENT
BASIS, UNLESS THE COURT DETERMINES THAT INPATIENT OBSERVATION AND STUDY
ARE NECESSARY TO OBTAIN THE DESIRED INFORMATION. IN THE CASE OF AN
ALLEGED JUVENILE DELINQUENT, INPATIENT STUDY MAY BE ORDERED ONLY WITH
THE CONSENT OF THE JUVENILE AND HIS ATTORNEY. THE AGENCY SHALL MAKE A
COMPLETE STUDY OF THE ALLEGED OR ADJUDICATED DELINQUENT TO ASCERTAIN HIS
PERSONAL TRAITS, HIS CAPABILITIES, HIS BACKGROUND, ANY PREVIOUS
DELINQUENCY OR CRIMINAL EXPERIENCE, ANY MENTAL OR PHYSICAL DEFECT, AND
ANY OTHER RELEVANT FACTORS. THE ATTORNEY GENERAL SHALL SUBMIT TO THE
COURT AND THE ATTORNEYS FOR THE JUVENILE AND THE GOVERNMENT THE RESULTS
OF THE STUDY WITHIN THIRTY DAYS AFTER THE COMMITMENT OF THE JUVENILE,
UNLESS THE COURT GRANTS ADDITIONAL TIME."
JUVENILE RECORDS
SEC. 508. SECTION 5038 IS ADDED, TO READ AS FOLLOWS: "18 USC 5038."
"(A) THROUGHOUT THE JUVENILE DELINQUENCY PROCEEDING THE COURT SHALL
SAFEGUARD THE RECORDS FROM DISCLOSURE. UPON THE COMPLETION OF ANY
JUVENILE DELINQUENCY PROCEEDING WHETHER OR NOT THERE IS AN ADJUDICATION
THE DISTRICT COURT SHALL ORDER THE ENTIRE FILE AND RECORD OF SUCH
PROCEEDING SEALED. AFTER SUCH SEALING, THE COURT SHALL NOT RELEASE
THESE RECORDS EXCEPT TO THE EXTENT NECESSARY TO MEET THE FOLLOWING
CIRCUMSTANCES:
"(1) INQUIRIES RECEIVED FROM ANOTHER COURT OF LAW;
"(2) INQUIRIES FROM AN AGENCY PREPARING A PRESENTENCE REPORT
FOR ANOTHER COURT;
"(3) INQUIRIES FROM LAW ENFORCEMENT AGENCIES WHERE THE REQUEST
FOR INFORMATION IS RELATED TO THE INVESTIGATION OF A CRIME OR A
POSITION WITHIN THAT AGENCY;
"(4) INQUIRIES, IN WRITING, FROM THE DIRECTOR OF A TREATMENT
AGENCY OR THE DIRECTOR OF A FACILITY TO WHICH THE JUVENILE HAS
BEEN COMMITTED BY THE COURT; AND
"(5) INQUIRIES FROM AN AGENCY CONSIDERING THE PERSON FOR A
POSITION IMMEDIATELY AND DIRECTLY AFFECTING THE NATIONAL SECURITY.
UNLESS OTHERWISE AUTHORIZED BY THIS SECTION, INFORMATION ABOUT THE
SEALED RECORD MAY NOT BE RELEASED WHEN THE REQUEST FOR INFORMATION IS
RELATED TO AN APPLICATION FOR EMPLOYMENT, LICENSE, BONDING, OR ANY CIVIL
RIGHT OR PRIVILEDGE. RESPONSE TO SUCH INQUIRIES SHALL NOT BE DIFFERENT
FROM RESPONSES MADE ABOUT PERSONS WHO HAVE NEVER BEEN INVOLVED IN A
DELINQUENCY PROCEEDING.
"(B) DISTRICT COURTS EXERCISING JURISDICTION OVER ANY JUVENILE SHALL
INFORM THE JUVENILE, AND HIS PARENT OR GUARDIAN, IN WRITING IN CLEAR AND
NONTECHNICAL LANGUAGE, OF RIGHTS RELATING TO THE SEALING OF HIS JUVENILE
RECORD.
"(C) DURING THE COURSE OF ANY JUVENILE DELINQUENCY PROCEEDING, ALL
INFORMATION AND RECORDS RELATION TO THE PROCEEDING, WHICH ARE OBTAINED
OR PREPARED IN THE DISCHARGE OF AN OFFICIAL DUTY BY AN EMPLOYEE OF THE
COURT OR AN EMPLOYEE OF ANY OTHER GOVERNMENTAL AGENCY, SHALL NOT BE
DISCLOSED DIRECTLY OR INDIRECTLY TO ANYONE OTHER THAN THE JUDGE, COUNSEL
FOR THE JUVENILE AND THE GOVERNMENT, OR OTHERS ENTITLED UNDER THIS
SECTION TO RECEIVE SEALED RECORDS.
"(D) UNLESS JUVENILE WHO IS TAKEN INTO CUSTODY IS PROSECUTED AS AN
ADULT--,
"(1) NEITHER THE FINGERPRINTS NOR PHOTOGRAPH SHALL BE TAKEN
WITHOUT THE WRITTEN CONSENT OF THE JUDGE; AND
"(2) NEITHER THE NAME NOR PICTURE OF ANY JUVENILE SHALL BE MADE
PUBLIC BY ANY MEDIUM OF PUBLIC INFORMATION IN CONNECTION WITH A
JUVENILE DELINQUENCY PROCEEDING."
SEC. 509. SECTION 5039 IS ADDED, TO READ AS FOLLOWS: "18 USC 5039."
"NO JUVENILE COMMITTED TO THE CUSTODY OF THE ATTORNEY GENERAL MAY BE
PLACED OR RETAINED IN AN ADULT JAIL OR CORRECTIONAL INSTITUTION IN WHICH
HE HAS REGULAR CONTACT WITH ADULTS INCARCERATED BECAUSE THEY HAVE BEEN
CONVICTED OF A CRIME OR ARE AWAITING TRIAL ON CRIMINAL CHARGES.
"EVERY JUVENILE WHO HAS BEEN COMMITTED SHALL BE PROVIDED WITH
ADEQUATE FOOD, HEAT, LIGHT, SANITARY FACILITIES, BEDDING, CLOTHING,
RECREATION, COUNSELING, EDUCATION, TRAINING, AND MEDICAL CARE INCLUDING
NECESSARY PSYCHIATRIC, PSYCHOLOGICAL, OR OTHER CARE AND TREATMENT.
"WHENEVER POSSIBLE, THE ATTORNEY GENERAL SHALL COMMIT A JUVENILE TO A
FOSTER HOME OR COMMUNITY-BASED FACILITY LOCATED IN OR NEAR HIS HOME
COMMUNITY."
SUPPORT
SEC. 510. SECTION 5040 IS ADDED, TO READ AS FOLLOWS: "18 USC 5040."
"THE ATTORNEY GENERAL MAY CONTRACT WITH ANY PUBLIC OR PRIVATE AGENCY
OR INDIVIDUAL AND SUCH COMMUNITY-BASED FACILITIES AS HALFWAY HOUSES AND
FOSTER HOMES FOR THE OBSERVATION AND STUDY AND THE CUSTODY AND CARE OF
JUVENILES IN HIS CUSTODY. FOR THESE PURPOSES, THE ATTORNEY GENERAL MAY
PROMULGATE SUCH REGULATIONS AS ARE NECESSARY AND MAY USE THE
APPROPRIATION FOR 'SUPPORT OF UNITED STATES PRISONERS' OR SUCH OTHER
APPROPRIATIONS AS HE MAY DESIGNATE."
PAROLE
SEC. 511. SECTION 5041 IS ADDED TO READ AS FOLLOWS: "18 USC 5041."
"THE BOARD OF PAROLE SHALL RELEASE FROM CUSTODY, ON SUCH CONDITIONS
AS IT DEEMS NECESSARY, EACH JUVENILE DELINQUENT WHO HAS BEEN COMMITTED,
AS SOON AS THE BOARD IS SATISFIED THAT HE IS LIKELY TO REMAIN AT LIBERTY
WITHOUT VIOLATING THE LAW AND WHEN SUCH RELEASE WOULD BE IN THE INTEREST
OF JUSTICE."
REVOCATION
SEC. 512. SECTION 5042 IS ADDED TO READ AS FOLLOWS: "18 USC 5042."
"ANY JUVENILE PAROLEE OR PROBATIONER SHALL BE ACCORDED NOTICE AND A
HEARING WITH COUNSEL BEFORE HIS PAROLE OR PROBATION CAN BE REVOKED."
SEC. 513. THE TABLE OF SECTIONS OF CHAPTER 403 OF THIS TITLE IS
AMENDED TO READ AS FOLLOWS:
"SEC.
"5031. DEFINITIONS.
"5032. DELINQUENCY PROCEEDINGS IN DISTRICT COURTS; TRANSFER FOR
CRIMINAL PROSECUTION.
"5033. CUSTODY PRIOR TO APPEARANCE BEFORE MAGISTRATE.
"5034. DUTIES OF MAGISTRATE.
"5035. DETENTION PRIOR TO DISPOSITION.
"5036. SPEEDY TRIAL.
"5037. DISPOSITIONAL HEARING.
"5038. USE OF JUVENILE RECORDS.
"5039. COMMITMENT.
"5040. SUPPORT.
"5041. PAROLE.
"5042. REVOCATION OF PAROLE OR PROBATION.".
SEC. 521. TITLE 18, UNITED STATES CODE, IS AMENDED BY ADDING A NEW
CHAPTER 319 TO READ AS FOLLOWS:
"SEC. 4351. "18 USC 4351." (A) THERE IS HEREBY ESTABLISHED WITHIN
THE BUREAU OF PRISONS A NATIONAL INSTITUTE OF CORRECTIONS.
"(B) THE OVERALL POLICY AND OPERATIONS OF THE NATIONAL INSTITUTE OF
CORRECTIONS SHALL BE UNDER THE SUPERVISION OF AN ADVISORY BOARD. THE
BOARD SHALL CONSIST OF SIXTEEN MEMBERS. THE FOLLOWING SIX INDIVIDUALS
SHALL SERVE AS MEMBERS OF THE COMMISSIONEX OFFICIO: THE DIRECTOR OF THE
FEDERAL BUREAU OF PRISONS OR HIS DESIGNEE, THE ADMINISTRATOR OF THE LAW
ENFORCEMENT ASSISTANCE ADMINISTRATION OR HIS DESIGNEE, CHAIRMAN OF THE
UNITED STATES PAROLE BOARD OR HIS DESIGNEE, THE DIRECTOR OF THE FEDERAL
JUDICIAL CENTER OR HIS DESIGNEE, THE DEPUTY ASSISTANT ADMINISTRATOR FOR
THE NATIONAL INSTITUTE FOR JUVENILE JUSTICE AND DELINQUENCY PREVENTION
OR HIS DESIGNEE, AND THE ASSISTANT SECRETARY OF HUMAN DEVELOPMENT OF THE
DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE OR HIS DESIGNEE.
"(C) THE REMAINING TEN MEMBERS OF THE BOARD SHALL BE SELECTED AS
FOLLOWS:
"(1) FIVE SHALL BE APPOINTED INITIALLY BY THE ATTORNEY GENERAL OF THE
UNITED STATES FOR STAGGERED TERMS; ONE MEMBER SHALL SERVE FOR ONE YEAR,
ONE MEMBER FOR TWO YEARS, AND THREE MEMBERS FOR THREE YEARS. UPON THE
EXPIRATION OF EACH MEMBER'S TERM, THE ATTORNEY GENERAL SHALL APPOINT
SUCCESSORS WHO WILL EACH SERVE FOR A TERM OF THREE YEARS. EACH MEMBER
SELECTED SHALL BE QUALIFIED AS A PRACTITIONER (FEDERAL, STATE, OR LOCAL)
IN THE FIELD OF CORRECTIONS, PROBATION, OR PAROLE.
"(2) FIVE SHALL BE APPOINTED INITIALLY BY THE ATTORNEY GENERAL OF THE
UNITED STATES FOR STAGGERED TERMS, ONE MEMBER SHALL SERVE FOR ONE YEAR,
THREE MEMBERS FOR TWO YEARS, AND ONE MEMBER FOR THREE YEARS." UPON THE
EXPIRATION OF EACH MEMBER'S TERM THE ATTORNEY GENERAL SHALL APPOINT
SUCCESSORS WHO WILL EACH SERVE FOR A TERM OF THREE YEARS. EACH MEMBER
SELECTED SHALL BE FROM THE PRIVATE SECTOR, SUCH AS BUSINESS, LABOR, AND
EDUCATION, HAVING DEMONSTRATED AN ACTIVE INTEREST IN CORRECTIONS,
PROBATION, OR PAROLE.
"(D) THE MEMBERS OF THE BOARD SHALL NOT, BY REASON OF SUCH
MEMBERSHIP, BE DEEMED OFFICERS OR EMPLOYEES OF THE UNITED STATES.
MEMBERS OF THE COMMISSION WHO ARE FULL-TIME OFFICERS OR EMPLOYEES OF THE
UNITED STATES SHALL SERVE WITHOUT ADDITIONAL COMPENSATION, BUT SHALL BE
REIMBURSED FOR TRAVEL, SUBSISTENCE, AND OTHER NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THE DUTIES VESTED IN THE BOARD. OTHER
MEMBERS OF THE BOARD SHALL, WHILE ATTENDING MEETINGS OF THE BOARD OR
WHILE ENGAGED IN DUTIES RELATED TO SUCH MEETINGS OR IN OTHER ACTIVITIES
OF THE COMMISSION PURSUANT TO THIS TITLE, BE ENTITLED TO RECEIVE
COMPENSATION AT THE RATE NOT TO EXCEED THE DAILY EQUIVALENT OF THE RATE
AUTHORIZED FOR GS-18 BY SECTION 5332 OF TITLE 5, UNITEDSTATES CODE, 5
USC 5332 NOTE." INCLUDING TRAVEL-TIME, AND WHILE AWAY FROM THEIR HOMES
OR REGULAR PLACES OF BUSINESS MAY BE ALLOWED TRAVEL EXPENSES, INCLUDING
PER DIEM IN LIEU OF SUBSISTENCE EQUAL TO THAT AUTHORIZED BY SECTION 5703
OF TITLE 5, UNITED STATES CODE, FOR PERSONS IN THE GOVERNMENT SERVICE
EMPLOYED INTERMITTENTLY.
"(E) THE BOARD SHALL ELECT A CHAIRMAN FROM AMONG ITS MEMBERS WHO
SHALL SERVE FOR A TERM OF ONE YEAR. THE MEMBERS OF THE BOARD SHALL ALSO
ELECT ONE OR MORE MEMBERS AS A VICE- CHAIRMAN.
"(F) THE BOARD IS AUTHORIZED TO APPOINT, WITHOUT REGARD TO THE CIVIL
SERVICE LAWS, TECHNICAL, OR OTHER ADVISORY COMMITTEES TO ADVISE THE
INSTITUTE WITH RESPECT TO THE ADMINISTRATION OF THIS TITLE AS IT DEEMS
APPROPRIATE. MEMBERS OF THESE COMMITTEES NOT OTHERWISE EMPLOYED BY THE
UNITED STATES, WHILE ENGAGED IN ADVISING THE INSTITUTE OR ATTENDING
MEETINGS OF THE COMMITTEES, SHALL BE ENTITLED TO RECEIVE COMPENSATION AT
THE RATE FIXED BY THE BOARD BUT NOT TO EXCEED THE DAILY EQUIVALENT OF
THE RATE AUTHORIZED FOR GS-18 BY SECTION 5332 OF TITLE 5, UNITED STATES
CODE, "5 USC 5332 NOTE." AND WHILE AWAY FROM THEIR HOMES OR REGULAR
PLACES OF BUSINESS MAY BE ALLOWED TRAVEL EXPENSES, INCLUDING PER DIEM IN
LIEU OF SUBSISTENCE EQUAL TO THAT AUTHORIZED BY SECTION 5703 OF TITLE 5,
UNITED STATES CODE, FOR PERSONS IN THE GOVERNMENT SERVICE EMPLOYED
INTERMITTENTLY.
"(G) THE BOARD IS AUTHORIZED TO DELEGATE ITS POWERS UNDER THIS TITLE
TO SUCH PERSONS AS IT DEEMS APPROPRIATE.
"(H) THE INSTITUTE SHALL BE UNDER THE SUPERVISION OF AN OFFICER TO BE
KNOWN AS THE DIRECTOR, WHO SHALL BE APPOINTED BY THE ATTORNEY GENERAL
AFTER CONSULTATION WITH THE BOARD. THE DIRECTOR SHALL HAVE AUTHORITY TO
SUPERVISE THE ORGANIZATION, EMPLOYEES, ENROLLEES, FINANCIAL AFFAIRS, AND
ALL OTHER OPERATIONS OF THE INSTITUTE AND MAY EMPLOY SUCH STAFF,
FACULTY, AND ADMINISTRATIVE PERSONNEL, SUBJECT TO THE CIVIL SERVICE AND
CLASSIFICATION LAWS, AS ARE NECESSARY TO THE FUNCTIONING OF THE
INSTITUTE. THE DIRECTOR SHALL HAVE THE POWER TO ACQUIRE AND HOLD REAL
AND PERSONAL PROPERTY FOR THE INSTITUTE AND MAY RECEIVE GIFTS,
DONATIONS, AND TRUSTS ON BEHALF OF THE INSTITUTE. THE DIRECTOR SHALL
ALSO HAVE THE POWER TO APPOINT SUCH TECHNICAL OR OTHER ADVISORY COUNCILS
COMPRISED OF CONSULTANTS TO GUIDE AND ADVISE THE BOARD. THE DIRECTOR IS
AUTHORIZED TO DELEGATE HIS POWERS UNDER THIS TITLE TO SUCH PERSONS AS HE
DEEMS APPROPRIATE.
"SEC. 4352. (A) IN ADDITION TO THE OTHER POWERS, EXPRESS AND
IMPLIED, THE NATIONAL INSTITUTE OF CORRECTIONS SHALL HAVE AUTHORITY--,
"(1) TO RECEIVE FROM OR MAKE GRANTS TO AND ENTER INTO CONTRACTS
WITH FEDERAL, STATE, AND GENERAL UNITS OF LOCAL GOVERNMENT, PUBLIC
PRIVATE AGENCIES, EDUCATIONAL INSTITUTIONS, ORGANIZATIONS, AND
INDIVIDUALS TO CARRY OUT THE PURPOSES OF THIS CHAPTER;
"(2) TO SERVE AS A CLEARINGHOUSE AND INFORMATION CENTER FOR THE
COLLECTION, PREPARATION, AND DISSEMINATION OF INFORMATION ON
CORRECTIONS, INCLUDING, BUT NOT LIMITED TO, PROGRAMS FOR
PREVENTION OF CRIME AND RECIDIVISM, TRAINING OF CORRECTIONS
PERSONNEL, AND REHABILITATION AND TREATMENT OF CRIMINAL AND
JUVENILE OFFENDERS;
"(3) TO ASSIST AND SERVE IN A CONSULTING CAPACITY TO FEDERAL,
STATE, AND LOCAL COURTS, DEPARTMENTS, AND AGENCIES IN THE
DEVELOPMENT, MAINTENANCE, AND COORDINATION OF PROGRAMS,
FACILITIES, AND SERVICES, TRAINING, TREATMENT, AND REHABILITATION
WITH RESPECT TO CRIMINAL AND JUVENILE OFFENDERS;
"(4) TO ENCOURAGE AND ASSIST FEDERAL, STATE, AND LOCAL
GOVERNMENT PROGRAMS AND SERVICES, AND PROGRAMS AND SERVICES OF
OTHER PUBLIC AND PRIVATE AGENCIES, INSTITUTIONS, AND ORGANIZATIONS
IN THEIR EFFORTS TO DEVELOP AND IMPLIMENT IMPROVED CORRECTIONS
PROGRAMS;
"(5) TO DEVISE AND CONDUCT, IN VARIOUS GEOGRAPHICAL LOCATIONS,
SEMINARS, WORKSHOPS, AND TRAINING PROGRAMS FOR LAW ENFORCEMENT
OFFICERS, JUDGES, AND JUDICIAL PERSONNEL, PROBATION AND PAROLE
PERSONNEL, CORRECTIONAL PERSONNEL, WELFARE WORKERS, AND OTHER
PERSONS, INCLUDING LAY EX-OFFENDERS, AND PARAPROFESSIONAL
PERSONNEL, CONNECTED WITH THE TREATMENT AND REHABILITATION OF
CRIMINAL AND JUVENILE OFFENDERS;
"(6) TO DEVELOP TECHNICAL TRAINING TEAMS TO AID IN THE
DEVELOPMENT OF SEMINARS, WORKSHOPS, AND TRAINING PROGRAMS WITHIN
THE SEVERAL STATES AND WITH THE STATE AND LOCAL AGENCIES WHICH
WORK WITH PRISONERS, PAROLEES, PROBATIONERS, AND OTHER OFFENDERS;
"(7) TO CONDUCT, ENCOURAGE, AND COORDINATE RESEARCH RELATING TO
CORRECTIONS, INCLUDING THE CAUSES, PREVENTION, DIAGNOSIS, AND
TREATMENT OF CRIMINAL OFFENDERS;
"(8) TO FORMULATE AND DISSEMINATE CORRECTIONAL POLICY, GOALS,
STANDARDS, AND RECOMMENDATIONS FOR FEDERAL, STATE, AND LOCAL
CORRECTIONAL AGENCIES, ORGANIZATIONS, INSTITUTIONS, AND PERSONNEL;
"(9) TO CONDUCT EVALUATION PROGRAMS WHICH STUDY THE
EFFECTIVENESS OF NEW APPROACHES, TECHNIQUES, SYSTEMS, PROGRAMS,
AND DEVICES EMPLOYED TO IMPROVE THE CORRECTIONS SYSTEM;
"(10) TO RECEIVE FROM ANY FEDERAL DEPARTMENT OR AGENCY SUCH
STATISTICS, DATA, PROGRAM REPORTS, AND OTHER MATERIAL AS THE
INSTITUTE DEEMS NECESSARY TO CARRY OUT ITS FUNCTIONS. EACH SUCH
DEPARTMENT OR AGENCY IS AUTHORIZED TO COOPERATE WITH THE INSTITUTE
AND SHALL, TO THE MAXIMUM EXTENT PRACTICABLE, CONSULT WITH AND
FURNISH INFORMATION TO THE INSTITUTE;
"(11) TO ARRANGE WITH AND REIMBURSE THE HEADS OF FEDERAL
DEPARTMENTS AND AGENCIES FOR THE USE OF PERSONNEL, FACILITIES, OR
EQUIPMENT OF SUCH DEPARTMENTS AND AGENCIES;
"(12) TO CONFER WITH AND AVAIL ITSELF OF THE ASSISTANCE,
SERVICES, RECORDS, AND FACILITIES OF STATE AND LOCAL GOVERNMENTS
OR OTHER PUBLIC OR PRIVATE AGENCIES, ORGANIZATIONS, OR
INDIVIDUALS;
"(13) TO ENTER INTO CONTRACTS WITH PUBLIC OR PRIVATE AGENCIES,
ORGANIZATIONS, OR INDIVIDUALS, FOR THE PERFORMANCE OF ANY OF THE
FUNCTIONS OF THE INSTITUTE; AND
"(14) TO PROCURE THE SERVICES OF EXPERTS AND CONSULTANTS IN
ACCORDANCE WITH SECTION 3109 OF THE TITLE 5 OF THE UNITED STATES
CODE, AT RATES OF COMPENSATION NOT TO EXCEED THE DAILY EQUIVALENT
OF THE RATE AUTHORIZED FOR GS-18 BY SECTION 5332 OF TITLE 5 OF THE
UNITED STATES CODE, "5 USC 5332 NOTE."
"(B) THE INSTITUTE SHALL ON OR BEFORE THE 31ST DAY OF DECEMBER OF
EACH YEAR SUBMIT AN ANNUAL REPORT FOR THE PRECEDING FISCAL YEAR TO THE
PRESIDENT AND TO THE CONGRESS. THE REPORT SHALL INCLUDE A COMPREHENSIVE
AND DETAILED REPORT OF THE INSTITUTE'S OPERATIONS, ACTIVITIES, FINANCIAL
CONDITION, AND ACCOMPLISHMENTS UNDER THIS TITLE AND MAY INCLUDE SUCH
RECOMMENDATIONS RELATED TO CORRECTIONS AS THE INSTITUTE DEEMS
APPROPRIATE.
"(C) EACH RECIPIENT OF ASSISTANCE UNDER THIS SHALL KEEP SUCH RECORDS
AS THE INSTITUTE SHALL PRESCRIBE, INCLUDING RECORDS WHICH FULLY DISCLOSE
THE AMOUNT AND DISPOSITION BY SUCH RECIPIENT OF THE PROCEEDS OF SUCH
ASSISTANCE, THE TOTAL COST OF THE PROJECT OR UNDERTAKING IN CONNECTION
WITH WHICH SUCH ASSISTANCE IS GIVEN OR USED, AND THE AMOUNT OF THAT
PORTION OF THE COST OF THE PROJECT OR UNDERTAKING SUPPLIED BY OTHER
SOURCES, AND SUCH OTHER RECORDS AS WILL FACILITATE AN EFFECTIVE AUDIT.
"(D) THE INSTITUTE, AND THE COMPTROLLER GENERAL OF THE UNITED STATES,
OR ANY OF THEIR DULY AUTHORIZED REPRESENTATIVES, SHALL HAVE ACCESS FOR
PURPOSES OF AUDIT AND EXAMINATIONS TO ANY BOOKS, DOCUMENTS, PAPERS, AND
RECORDS OF THE RECIPIENTS THAT ARE PERTINENT TO THE GRANTS RECEIVED
UNDER THIS CHAPTER.
"(E) THE PROVISION OF THIS SECTION SHALL APPLY TO ALL RECIPIENTS OF
ASSISTANCE UNDER THIS TITLE, WHETHER BY DIRECT GRANT OR CONTRACT FROM
THE INSTITUTE OR BY SUBGRANT OR SUBCONTRACT FROM PRIMARY GRANTEES OR
CONTRACTORS OF THE INSTITUTE.
"SEC. 4353. "18 USC 4353." THERE IS HEREBY AUTHORIZED TO BE
APPROPRIATED SUCH FUNDS AS MAY BE REQUIRED TO CARRY OUT THE PURPOSES OF
THIS CHAPTER."
SEC. 541. (A) THE SECTION TITLED "DECLARATION AND PURPOSE" IN TITLE
I OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968, AS AMENDED
(82 STAT. 197; 84 STAT. 1881; 87 STAT. 197), "42 USC 3701." IS AMENDED
BY INSERTING IMMEDIATELY AFTER THE SECOND PARAGRAPH THEREOF THE
FOLLOWING NEW PARAGRAPH:
"CONGRESS FINDS FURTHER THAT THE HIGH INCIDENCE OF DELINQUENCY IN THE
UNITED STATES TODAY RESULTS IN ENORMOUS ANNUAL COST AND IMMEASURABLE
LOSS IN HUMAN LIFE, PERSONAL SECURITY, AND WASTED HUMAN RESOURCES, AND
THAT JUVENILE DELINQUENCY CONSTITUTES A GROWING THREAT TO THE NATIONAL
WELFARE REQUIRING IMMEDIATE AND COMPREHENSIVE ACTION BY THE FEDERAL
GOVERNMENT TO REDUCE AND PREVENT DELINQUENCY.".
(B) SUCH SECTION IS FURTHER AMENDED BY ADDING AT THE END THEREOF THE
FOLLOWING NEW PARAGRAPH:
"IT IS THEREFORE THE FURTHER DECLARED POLICY OF CONGRESS TO PROVIDE
THE NECESSARY RESOURCES, LEADERSHIP, AND COORDINATION TO (1) DEVELOP AND
IMPLEMENT EFFECTIVE METHODS OF PREVENTING AND REDUCING JUVENILE
DELINQUENCY; (2) TO DEVELOP AND CONDUCT EFFECTIVE PROGRAMS TO PREVENT
DELINQUENCY, TO DEVERT JUVENILES FROM THE TRADITIONAL JUVENILE JUSTICE
SYSTEM AND TO PROVIDE CRITICALLY NEEDED ALTERNATIVES TO
INSTITUTIONALIZATION; (3) TO IMPROVE THE QUALITY OF JUVENILE JUSTICE IN
THE UNITED STATES; AND (4) TO INCREASE THE CAPACITY OF STATE AND LOCAL
GOVERNMENTS AND PUBLIC AND PRIVATE AGENCIES TO CONDUCT EFFECTIVE
JUVENILE JUSTICE AND DELINQUENCY PREVENTION AND REHABILITATION PROGRAMS
AND TO PROVIDE RESEARCH, EVALUATION, AND TRAINING SERVICES IN THE FIELD
OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION.".
SEC. 542. THE THIRD SENTENCE OF SECTION 203(A) OF TITLE I OF THE
OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968 AS AMENDED (82 STAT.
197; 84 STAT. 1881; 87 STAT. 197), "42 USC 3723." IS AMENDED TO READ
AS FOLLOWS:
"THE STATE PLANNING AGENCY AND ANY REGIONAL PLANNING UNITS WITHIN THE
STATE SHALL, WITHIN THEIR RESPECTIVE JURISDICTIONS, BE REPRESENTATIVE OF
THE LAW ENFORCEMENT AND CRIMINAL JUSTICE AGENCIES INCLUDING AGENCIES
DIRECTLY RELATED TO THE PREVENTION AND CONTROL OF JUVENILE DELINQUENCY,
UNITS OF GENERAL LOCAL GOVERNMENT, AND PUBLIC AGENCIES MAINTAINING
PROGRAMS TO REDUCE AND CONTROL CRIME, AND SHALL INCLUDE REPRESENTATIVES
OF CITIZENS, PROFESSIONAL, AND COMMUNITY ORGANIZATIONS INCLUDING
ORGANIZATIONS DIRECTLY RELATED TO DELINQUENCY PREVENTION.".
SEC. 543. SECTION 303(A) OF TITLE I OF THE OMNIBUS CRIME CONTROL AND
SAFE STREETS ACT OF 1968 "42 USC 3733." IS AMENDED BY ADDING AFTER THE
FIRST SENTENCE THE FOLLOWING: "IN ORDER TO RECEIVE FORMULA GRANTS UNDER
THE JUVENILE JUSTICE AND DELINQUENCY PROVENTION ACT OF 1974 A STATE
SHALL SUBMIT A PLAN FOR CARRYING OUT THE PURPOSES OF THAT ACT IN
ACCORDANCE WITH THIS SECTION AND SECTION 223 OF THAT ACT.". "ANTE, P.
1119."
SEC. 544. SECTION 520 OF TITLE I OF THE OMNIBUS CRIME CONTROL AND
SAFE STREETS ACT OF 1968 "42 USC 3768." IS AMENDED BY (1) INSERTING
"(A)" AFTER "SEC. 520." AND (2) BY INSERTING AT THE END THEREOF THE
FOLLOWING:
"(B) IN ADDITION TO THE FUNDS APPROPRIATED UNDER SECTION 261(A) OF
THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974, "ANTE, P.
1129." THE ADMINISTRATION SHALL EXPEND FROM OTHER LAW ENFORCEMENT
ASSISTANCE ADMINISTRATION APPROPRIATIONS, OTHER THAN THE APPROPRIATIONS
FOR ADMINISTRATION, AT LEAST THE SAME LEVEL OF FINANCIAL ASSISTANCE FOR
JUVENILE DELINQUENCY PROGRAMS AS WAS EXPENDED BY THE ADMINISTRATION
DURING FISCAL YEAR 1972.".
SEC. 545. PART F OF TITLE I OF THE OMNIBUS CRIME CONTROL AND SAFE
STREETS ACT OF 1968 "42 USC 3751." IS AMENDED BY ADDING AT THE END
THEREOF THE FOLLOWING NEW SECTIONS:
"SEC. 526. "42 USC 3772." THE ADMINISTRATOR IS AUTHORIZED TO ACCEPT
AND EMPLOY, IN CARRYING OUT THE PROVISIONS OF THIS ACT, VOLUNTARY AND
UNCOMPENSATED SERVICES NOTWITHSTANDING THE PROVISIONS OF SECTION 3679(
B) OF THE REVISED STATUTES (31 U.S.C. 665(B)).
"SEC. 527. "42 USC 3773." ALL PROGRAMS CONCERNED WITH JUVENILE
DELINQUENCY AND ADMINISTERED BY THE ADMINISTRATION SHALL BE ADMINISTERED
OR SUBJECT TO THE POLICY DIRECTION OF THE OFFICE ESTABLISHED BY SECTION
201(A) OF THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974.
"ANTE, P. 1112."
"SEC. 528. "42 USC 3774." (A) THE ADMINISTRATOR IS AUTHORIZED TO
SELECT, EMPLOY, AND FIX THE COMPENSATION OF SUCH OFFICERS AND EMPLOYEES,
INCLUDING ATTORNEYS, AS ARE NECESSARY TO PERFORM THE FUNCTIONS VESTED IN
HIM AND TO PRESCRIBE THEIR FUNCTIONS.
"(B) NOTWITHSTANDING THE PROVISIONS OF SECTION 5108 OF TITLE 5,
UNITED STATES CODE, AND WITHOUT PREJUDICE WITH RESPECT TO THE NUMBER OF
POSITIONS OTHERWISE PLACED IN THE ADMINISTRATION UNDER SUCH SECTION
5108, THE ADMINISTRATOR MAY PLACE THREE POSITIONS IN GS-16, GS-17, AND
GS-18 UNDER SECTION 5332 OF SUCH TITLE 5.". "5 USC 5332 NOTE."
LEGISLATIVE HISTORY:
HOUSE REOPRTS: NO. 93 - 1135 ACCOMPANYING H.R. 15276 (COMM. ON
EDUCATION AND LABOR) AND NO. 93 - 1298 (COMM. OF CONFERENCE).
SENATE REPORTS: NO. 93 - 1011 (COMM. ON THE JUDICIARY) AND NO. 1103
(COMM. OF CONFERENCE).
CONGRESSIONAL RECORD, VOL. 120 (1974):
JULY 1, H.R. 15276 CONSIDERED AND PASSED HOUSE.
JULY 25, CONSIDERED AND PASSED SENATE.
JULY 31, CONSIDERED AND PASSED HOUSE, AMENDED, IN LIEU OF H.R.
15276.
AUG. 19, SENATE AGREED TO CONFERENCE REPORT.
AUG. 21, HOUSE AGREED TO CONFERENCE REPORT.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VOL. 10, NO. 37:
SEPT. 8, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-414, 88 STAT 1095, HUD; SPACE SCIENCE, VETERANS, AND
CERTAIN OTHER INDEPENDANT AGENCIES APPROPRIATION ACT, 1975
CERTAIN OTHER
INDEPENDENT EXECUTIVE AGENCIES,
BOARDS, COMMISSIONS, CORPORATIONS, AND OFFICES FOR THE
FISCAL YEAR ENDING JUNE 30,
1975, AND FOR OTHER PURPOSES.
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 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; FOR
SPACE, SCIENCE, VETERANS, AND CERTAIN OTHER INDEPENDENT EXECUTIVE
AGENCIES, BOARDS, COMMISSIONS, CORPORATIONS, AND OFFICES FOR THE FISCAL
YEAR ENDING JUNE 30, 1975, AND FOR OTHER PURPOSES, NAMELY:
HOUSING PRODUCTION AND MORTGAGE CREDIT
SALARIES AND EXPENSES, HOUSING PRODUCTION AND MORTGAGE CREDIT
PROGRAMS
FOR NECESSARY ADMINISTRATIVE EXPENSES OF HOUSING PRODUCTION AND
MORTGAGE CREDIT, NOT OTHERWISE PROVIDED FOR, $13,233,000: PROVIDED,
THAT NONE OF THESE ADMINISTRATIVE FUNDS MAY BE USED FOR THE
ADMINISTRATRATION OF THE SECTION 23 LEASING PROGRAM, OR ANY REPLACEMENT
PROGRAM, UNLESS THE AVAILABLE, UNUSED BALANCE OF CONTRACT AUTHORITY
UNDER THE SECTION 236 PROGRAM, OR ANY REPLACEMENT PROGRAM, IS MADE
AVAILABLE FOR COMMITMENT CONCURRENT WITH THE MAKING AVAILABLE FOR
COMMITMENT OF ANY CONTRACT AUTHORITY UNDER THE SECTION 23 PROGRAM, OR
ANY REPLACEMENT PROGRAM.
GOVERNMENT NATIONAL MORTGAGE ASSOCIATION
PAYMENT OF PARTICIPATION SALES INSUFFICIENCIES
FOR THE PAYMENT OF SUCH INSUFFICIENCIES AS MAY BE REQUIRED BY THE
GOVERNMENT NATIONAL MORTGAGE ASSOCIATION, AS TRUSTEE, ON ACCOUNT OF
OUTSTANDING BENEFICIAL INTERESTS OR PARTICIPATIONS IN ASSETS OF THE
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (INCLUDING THE GOVERNMENT
NATIONAL MORTGAGE ASSOCIATION) AUTHORIZED BY THE INDEPENDENT OFFICES AND
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT APPROPRIATION ACT, 1968, TO
BE ISSUED PURSUANT TO SECTION 302(C) OF THE FEDERAL NATIONAL MORTGAGE
ASSOCIATION CHARTER ACT, AS AMENDED, "81 STAT. 341, 12 USC 1717."
$22,883,000.
HOUSING MANAGEMENT
HOUSING PAYMENTS
FOR THE PAYMENT OF ANNUAL CONTRIBUTIONS TO PUBLIC HOUSING AGENCIES IN
ACCORDANCE WITH SECTION 10 OF THE UNITED STATES HOUSING ACT OF 1937, AS
AMENDED (42 U.S.C. 1410); "ANTE, P. 666." FOR PAYMENTS AUTHORIZED BY
TITLE IV OF THE HOUSING ACT OF 1950, AS AMENDED (12 U.S.C. 1749 IT
SEQ.); FOR RENT SUPPLEMENT PAYMENTS AUTHORIZED BY SECTION 101 OF THE
HOUSING AND URBAN DEVELOPMENT ACT OF 1965, AS AMENDED (12 U.S.C.
1701S); AND FOR HOMEOWNERSHIP AND INTEREST REDUCTION PAYMENT AS
AUTHORIZED BY SECTIONS 235 AND 236, OF THE NATIONAL HOUSING ACT, AS
AMENDED (12 U.S.C. 1715Z--1), "ANTE, PP. 671, 672." $23,400,000: OF
WHICH NOT LESS THAN $450,000,000 SHALL BE USED ONLY FOR THE PAYMENT OF
OPERATING SUBSIDIES TO LOCAL HOUSING AUTHORITIES.
SALARIES AND EXPENSES, HOUSING MANAGEMENT PROGRAMS
FOR NECESSARY ADMINISTRATIVE EXPENSES OF PROGRAMS OF HOUSING
MANAGEMENT, NOT OTHERWISE PROVIDED FOR, $23,400,000: PROVIDED, THAT
ADMINISTRATIVE EXPENSES IN CONNECTION WITH THE REVOLVING FUND
(LIQUIDATING PROGRAMS) SHALL BE EXCLUSIVE OF EXPENSES NECESSARY IN THE
CASE OF DEFAULTED OBLIGATIONS TO PROTECT THE INTERESTS OF THE
GOVERNMENT.
URBAN RENEWAL PROGRAMS
FOR GRANTS FOR URBAN RENUWAL, FISCAL YEAR 1975, AS AN ADDITIONAL
AMOUNT FOR URBAN RENEWAL PROGRAMS, AS AUTHORIZED BY TITLE 1 OF THE
HOUSING ACT OF 1949, AS AMENDED (42 U.S.C. 1450 ET SEQ.), AND SECTION
314 OF THE HOUSING ACT OF 1954, AS AMENDED (42 U.S.C. 1452A),
$197,000,000, TO REMAIN AVAILABLE UNTIL EXPENDED: PROVIDED, THAT NO
PART OF ANY APPROPRIATION IN THIS ACT SHALL BE USED FOR ADMINISTRATIVE
EXPENSES IN CONNECTION WITH COMMITMENTS FOR GRANTS AGGREGATING MORE THAN
THE TOTAL OF AMOUNTS AVAILABLE IN THE CURRENT YEAR FROM THE AMOUNTS
AUTHORIZED FOR MAKING SUCH COMMITMENTS THROUHG JUNE 30, 1967, PLUS THE
ADDITIONAL AMOUNTS APPROPRIATED THEREFOR.
MODEL CITIES PROGRAMS
FOR FINANCIAL ASSISTANCE IN CONNECTION WITH PLANNING AND CARRYING OUT
COMPREHENSIVE CITY DEMONSTRATION PROGRAMS PURSUANT TO TITLE I OF THE
DEMONSTRATION CITIES AND METROPOLITAN DEVELOPMENT ACT OF 1966, AS
AMENDED (42 U.S.C. 3301), "ANTE, P. 686." $123,375,000, TO REMAIN
AVAILABLE UNTIL JUNE 30, 1976, OF WHICH $1,000,000 SHALL BE AVAILABLE
ONLY FOR REHABILITATION AND REDEVELOPMENT OF THE DEKALB COUNTY,
TENNESSEE, MODEL CITIES AREA DEVASTATED BY RECENT TORNADO DAMAGE.
COMPREHENSIVE PLANNING GRANTS
FOR COMPREHENSIVE PLANNING GRANTS AS AUTHORIZED BY SECTION 701 OF THE
HOUSING ACT OF 1954, AS AMENDED (40 U.S.C. 461), $100,000,000, TO REMAIN
AVAILABLE UNTIL EXPENDED.
SALARIES AND EXPENSES, COMMUNITY PLANNING AND DEVELOPMENT
PROGRAMS
FOR NECESSARY ADMINISTRATIVE EXPENSES OF PROGRAMS OF COMMUNITY
PLANNING AND DEVELOPMENT, NOT OTHERWISE PROVIDED FOR, $39,000,000.
FEDERAL INSURANCE ADMINISTRATION
FLOOD INSURANCE
FOR NECESSARY ADMINISTRATIVE EXPENSES, NOT OTHERWISE PROVIDED FOR, IN
CARRYING OUT THE NATIONAL FLOOD INSURANCE ACT OF 1968, AS AMENDED (42
U.S.C. CHAP. 50), "42 USC 4001 NOTE." $50,000,000.
POLICY DEVELOPMENT AND RESEARCH
RESEARCH AND TECHNOLOGY
FOR CONTRACTS, GRANTS AND NECESSARY EXPENSES OF PROGRAMS OF RESEARCH
AND STUDIES RELATING TO HOUSING AND URBAN PROBLEMS, NOT OTHERWISE
PROVIDED FOR, AS AUTHORIZED BY TITLE V OF THE HOUSING AND URBAN
DEVELOPMENT ACT OF 1970 (12 U.S.C. 1701Z--1 ET SEQ.), "ANTE, P. 738."
INCLUDING CARRYING OUT THE FUNCTIONS OF THE SECRETARY UNDER SECTION 1
(A) (1) (I) OF REORGANIZATION PLAN NO. 2 OF 1968, "49 USC 1608 NOTE."
$65,000,000, TO REMAIN AVAILABLE UNTIL JUNE 30, 1976.
SALARIES AND EXPENSES, POLICY DEVELOPMENT AND RESEARCH
FOR NECESSARY ADMINISTRATIVE EXPENSES OF PROGRAMS OF POLICY
DEVELOPMENT AND RESEARCH, NOT OTHERWISE PROVIDED FOR, $6,130,000.
FAIR HOUSING AND EQUAL OPPORTUNITY
FOR EXPENSES NECESSARY TO CARRY OUT THE FUNCTIONS OF THE SECRETARY
PURSUANT TO TITLE VIII OF THE CIVIL RIGHTS ACT OF 1968 (42 U.S.C.
3601), AND OTHER EQUAL OPPORTUNITY AND FAIR HOUSING PROGRAMS AUTHORIZED
BY LAW, NOT OTHERWISE PROVIDED FOR, $11,543,000.
DEPARTMENTAL MANAGEMENT
GENERAL DEPARTMENTAL MANAGEMENT
FOR NECESSARY ADMINISTRATIVE EXPENSES OF THE SECRETARY, NOT OTHERWISE
PROVIDED FOR, IN OVERALL PROGRAM PLANNING AND DIRECTION IN THE
DEPARTMENT, INCLUDING NOT TO EXCEED $2,500 FOR OFFICIAL RECEPTION AND
REPRESENTATION EXPENSES, $5,413,000.
SALARIES AND EXPENSES, OFFICE OF GENERAL COUNSEL
FOR NECESSARY EXPENSES OF THE OFFICE OF GENERAL COUNSEL, NOT
OTHERWISE PROVIDED FOR, $6,626,000.
ADMINISTRATION AND STAFF SERVICES
FOR ADMINISTRATIVE EXPENSES NECESSARY IN PROVIDING GENERAL
ADMINISTRATION AND STAFF SERVICES WITHIN THE DEPARTMENT, NOT OTHERWISE
PROVIDED FOR, $18,928,000.
REGIONAL MANAGEMENT AND SERVICES
FOR NECESSARY ADMINISTRATIVE EXPENSES, NOT OTHERWISE PROVIDED FOR, OF
MANAGEMENT AND PROGRAM COORDINATION IN THE REGIONAL OFFICES OF THE
DEPARTMENT, $28,563,000.
FEDERAL DISASTER ASSISTANCE ADMINISTRATION FUNDS APPROPRIATED
TO THE PRESIDENT
DISASTER RELIEF
FOR EXPENSES NECESSARY TO CARRY OUT THE FUNCTIONS OF THE DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT UNDER THE DISASTER RELIEF ACT OF 1970,
AS AMENDED, "42 USC 4401 NOTE." THE DISASTER RELIEF ACT OF 1974, "ANTE,
P. 143." AND REORGANIZATION PLAN NO. 1 OF 1973, "50 USC APP. 2771 NOTE."
AUTHORIZING ASSISTANCE TO STATES AND LOCAL GOVERNMENTS IN MAJOR
DISASTERS, $200,000,000,TO REMAIN AVAILABLE UNTIL EXPENDED: PROVIDED,
THAT NOT TO EXCEED 3 PER CENTUM OF THE FOREGOING AMOUNT SHALL BE
AVAILABLE FOR ADMINISTRATIVE EXPENSES.
AMERICAN BATTLE MONUMENTS COMMISSION
SALARIES AND EXPENSES
FOR NECESSARY EXPENSES, NOT OTHERWISE PROVIDED FOR, OF THE AMERICAN
BATTLE MONUMENTS COMMISSION, INCLUDING THE ACQUISITION OF LAND OR
INTEREST IN LAND IN FOREIGN COUNTRIES; PURCHASE AND REPAIR OF UNIFORMS
FOR CARETAKERS OF NATIONAL CEMETERIES AND MONUMENTS, OUTSIDE OF THE
UNITED STATES AND ITS TERRITORIES AND POSSESSIONS; NOT TO EXCEED
$67,000 FOR EXPENSES OF TRAVEL; RENT OF OFFICE AND GARAGE SPACE IN
FOREIGN COUNTRIES; PURCHASE (ONE FOR REPLACEMENT ONLY) AND HIRE OF
PASSENGER MOTOR VEHICLES; AND INSURANCE OF OFFICIAL MOTOR VEHICLES IN
FOREIGN COUNTRIES WHEN REQUIRED BY LAW OF SUCH COUNTRIES; $4,512,000:
PROVIDED, "36 USC 121B NOTE." THAT WHERE STATION ALLOWANCE HAS BEEN
AUTHORIZED BY THE DEPARTMENT OF THE ARMY FOR OFFICERS OF THE ARMY
SERVING THE ARMY AT CERTAIN FOREIGN STATIONS, THE SAME ALLOWANCE SHALL
BE AUTHORIZED FOR OFFICERS OF THE ARMED FORCES ASSIGNED TO THE
COMMISSION WHILE SERVING AT THE SAME FOREIGN STATIONS, AND THIS
APPROPRIATION IS HEREBY MADE AVAILABLE FOR THE PAYMENT OF SUCH
ALLOWANCE: PROVIDED FURTHER, "36 USC 122." THAT WHEN TRAVELING ON
BUSINESS OF THE COMMISSION, OFFICERS OF THE ARMED FORCES SERVING AS
MEMBERS OR AS SECRETARY OF THE COMMISSION MAY BE REIMBURSED FOR EXPENSES
AS PROVIDED FOR CIVILIAN MEMBERS OF THE COMMISSION: PROVIDED FURTHER,
"36 USC 122A." THAT THE COMMISSION SHALL REIMBURSE OTHER GOVERNMENT
AGENCIES, INCLUDING THE ARMED FORCES, FOR SALARY PAY, AND ALLOWANCES OF
PERSONNEL ASSIGNED TO IT.
DEPARTMENT OF DEFENSE--CIVIL CEMETERIAL EXPENSES, ARMY
SALARIES AND EXPENSES
FOR NECESSARY EXPENSES, AS AUTHORIZED BY LAW, OF MAINTENANCE,
OPERATION, AND IMPROVEMENT OF THE CEMETERY AT THE SOLDIERS' AND AIRMEN'S
HOME AND ARLINGTON NATIONAL CEMETERY, INCLUDING THE PURCHASE OF THREE
PASSENGER MOTOR VEHICLES OF WHICH TWO SHALL BE FOR REPLACEMENT ONLY,
$258,000, TO REMAIN AVAILABLE UNTIL EXPENDED: PROVIDED, THAT
REIMBURSEMENT SHALL BE MADE TO THE APPLICABLE MILITARY APPROPRIATION FOR
THE PAY AND ALLOWANCES OF ANY MILITARY PERSONNEL PERFORMING SERVICES
PRIMARILY FOR THE PURPOSES OF THIS APPROPRIATION.
FEDERAL COMMUNICATION COMMISSION
SALARIES AND EXPENSES
FOR NECESSARY EXPENSES FOR THE FEDERAL COMMUNICATIONS COMMISSION, AS
AUTHORIZED BY LAW, INCLUDING UNIFORMS OR ALLOWANCES THEREFOR, AS
AUTHORIZED BY LAW (5 U.S.C. 5901 - 5902); NOT TO EXCEED $250,000 FOR
LAND AND STRUCTURES; NOT TO EXCEED $35,000 FOR IMPROVEMENT AND CARE OF
GROUNDS AND REPAIRS TO BUILDINGS; NOT TO EXCEED $1,500 FOR OFFICIAL
RECEPTION AND REPRESENTATION EXPENSES; PURCHASE (NOT TO EXCEED EIGHT)
AND HIRE OF MOTOR VEHICLES; SPECIAL COUNSEL FEES; AND SERVICES AS
AUTHORIZED BY 5 U.S.C. 3109; $46,900,000: PROVIDED, THAT NOT TO EXCEED
$500,000 OF THE FOREGOING AMOUNT SHALL REMAIN AVAILABLE UNTIL JUNE 30,
1976, FOR RESEARCH AND POLICY STUDIES.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
RESEARCH AND DEVELOPMENT
FOR NECESSARY EXPENSES, NOT OTHERWISE PROVIDED FOR, INCLUDING
RESEARCH, DEVELOPMENT, OPERATIONS, SERVICES, MINOR CONSTRUCTION,
MAINTENANCE, REPAIR, REHABILITATION AND MODIFICATION OF REAL AND
PERSONAL PROPERTY; TRACKING AND DATA RELAY SATELLITE SERVICES AS
AUTHORIZED BY SECTION 7 OF THE NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION AUTHORIZATION ACT, 1975; "ANTE, P. 243." AND PURCHASE,
HIRE, MAINTAENANCE, AND OPERATION OF OTHER THAN ADMINISTRATIVE AIRCRAFT,
NECESSARY FOR THE CONDUCT AND SUPPORT OF AERONAUTICAL AND SPACE RESEARCH
AND DEVELOPMENT ACTIVITIES OF THE NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION, $2,326,580,000, TO REMAIN AVAILABLE UNTIL EXPENDED.
CONSTRUCTION OF FACILITIES
FOR ADVANCE PLANNING, DESIGN, REHABILITATION, MOKIFICATION AND
CONSTRUCTION OF FACILITIES FOR THE NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION, AND FOR THE ACQUISITION OR CONDEMNATION OF REAL
PROPERTY, AS AUTHORIZED BY LAW, $140,155,000, INCLUDING (1) $3,660,000
FOR ADDITION TO FLIGHT AND GUIDANCE SIMULATION LABORATORY, AMES RESEARCH
CENTER; (2) $890,000 FOR REHABILITATION AND MODIFICATION OF SCIENCE AND
APPLICATIONS LABORATORIES, GODDARD SPACE FLIGHT CENTER; (3) $1,220,000
FOR MODIFICATIONS FOR FIRE PROTECTION AND SAFETY, GODDARD SPACE FLIGHT
CENTER; (4) $150,000 FOR ACQUISITION OF LAND, JET PROPULSION LABORTORY;
(5) $3,790,000 FOR ADDITION FOR INTEGRATED SYSTEMS TESTING FACILITY,
JET PROPULSION LABORATORY; (6) $935,000 FOR MODIFICATION OF WATER
SUPPLY SYSTEM, LYNDON B. JOHNSON SPACE CENTER; (7) $515,000 FOR
MODIFICATION OF 6,000 P.S.I. AIR STORAGE SYSTEM, LANGLEY RESEARCH
CENTER; (8) $2,990,000 FOR REHABILITATION OF 16-FOOT TRANSONIC WIND
TUNNEL, LANGLEY RESEARCH CENTER; (9) $2,580,000 FOR MIDIFICATION OF
PROPULSION SYSTEMS LABORATORY, LEWIS RESEARCH CENTER; (10) $660,000 FOR
MODIFICATION OF ROCKET ENGINE TEST FACILITY, LEWIS RESEARCH CENTER;
(11) $4,060,000 FOR CONSTRUCTION OF X-RAY TELESCOPR DACILITY, MARSHALL
SPACE FLIGHT CENTER; (12) $1,370,000 FOR MODIFICATION OF BEACH
PROTECTION SYSTEM, WALLOPS STATION; (13) $6,040,000FOR CONSTRUCTION OF
INFRARED TELESCOPE FACILITY, MAUNA KEA, HAWAII; (14) $1,430,000 FOR
MODIFICATIONS FOR FIRE PROTECTION AND SAFETY AT VARIOUS TRACKING AND
DATA STATIONS; (15) $77,020,000 FOR SPACE SHUTTLE FACILITIES AT VARIOUS
LOCATIONS, AS FOLLOWS: (A) MODIFICATION OF THE VIBRATION AND ACOUSTIC
TEST FACILITY, LYNDON B. JOHNSON SPACE CENTER, (B) MODIFICATIONS FOR
CREW TRAINING FACILITIES, LYNDON B. JOHNSON SPACE CENTER, (C)
CONSTRUCTION OF MATERIALS STES FACILITY, WHITE SANDS TEST FACILITY, (D)
MODIFICATIONS FOR DYNAMIC TEST FACILITIES, MARSHALL SPACE FLIGHT CENTER,
AND NASA INDUSTRIAL PLANT, DOWNEY, CALIFORNIA, (E) MODIFICATIONS FOR
SOLID ROCKET BOOSTER STRUCTURAL TEST FACILITIES, MARSHALL SPACE FLIGHT
CENTER, (F) CONSTRUCTION OF ORBITER LANDING FACILITIES, JOHN F. KENNEDY
SPACE CENTER, (G) CONSTRUCTION OF ORBITER PROCESSING FACILITY, JOHN F.
KENNEDY SPACE CENTER, (H) MODIFICATIONS TO LAUNCH COMPLEX 39, JOHN F.
KENNEDY SPACE CENTER, (I) $1,940,000 FOR CONSTRUCTION OF AN ORBITER
HORIZONTAL FLIGHT TEST FACILITY, FLIGHT RESEARCH CENTER; (16)
$14,900,000 FOR MINOR REHABILITATION AND MODIFICATION OF FACILITIES AT
VARIOUS LOCATIONS; (17) $4,500,000 FOR MINOR CONSTRUCTION OF NEW
FACILITIES AND ADDITIONS TO EXISTING FACILITIES AT VARIOUS LOCATIONS;
(18) $10,900,000 FOR FACILITY PLANNING AND DESIGN NOT OTHERWISE PROVIDED
FOR; AND (19) $4,880,000 FOR AN ADDITION TO THE SYSTEMS DEVELOPMENT
LABORATORY (SDL) AT THE JET PROPULSION LABORATORY (JPL); TO REMAIN
AVAILABLE FOR OBLIGATION UNTIL JUNE 30, 1977: PROVIDED, THAT,
NOTWITHSTANDING THE LIMITATION ON THE AVAILABILITY OF FUNDS APPROPRIATED
UNDER THIS HEAD BY THIS APPROPRIATION ACT, AND EXCEPT WITH RESPECT TO
ITEMS (16) THROUGH (18) ABOVE, WHEN ANY ACTIVITY, FOR WHICH
APPROPRIATIONS UNDER THIS HEAD MADE BY THIS ACT ARE AVAILABLE, HAS BEEN
INITIATED BY THE INCURRENCE OF OBLIGATIONS THEREFOR, THE AMOUNT
AVAILABLE FOR SUCH ACTIVITY SHALL REMAIN AVAILABLE UNTIL EXPENDED.
RESEARCH AND PROGRAM MANAGEMENT
FOR NECESSARY EXPENSES OF RESEARCH IN GOVERNMENT LABORATORIES,
MANAGEMENT OF PROGRAMS AND OTHER ACTIVITIES OR THE NATIONAL AERONAUTICS
AND SPACE ADMINISTRATION, NOT OTHERWISE PROVIDED FOR, INCLUDING UNIFORMS
OR ALLOWANCES THEREFOR, AS AUTHORIZED BY LAW (5 U.S.C. 5901 - 5902);
AWARDS; HIRE, MAINTENANCE AND OPERATION OF ADMINISTRATIVE AIRCRAFT;
PURCHASE (NOT TO EXCEED SIXTEEN FOR REPLACEMENT ONLY) AND HIRE OF
PASSENGER MOTOR VEHICLES; AND MAINTENANCE AND REPAIR OF REAL AND
PERSONAL PROPERTY, AND NOT IN EXCESS OF $10,000 PER PROJECT FOR
CONSTRUCTION OF NEW FACILITIES AND ADDITIONS TO EXISTING FACILITIES, AND
NOT IN EXCESS OF $25,000 PER PROJECT FOR REHABILITATION AND MODIFICATION
OF FACILITIES; $740,000,000: PROVIDED, THAT CONTRACTS MAY BE ENTERED
INTO UNDER THIS APPROPRIATION FOR MAINTENANCE AND OPERATION OF
FACILITIES, AND FOR OTHER SERVICES, TO BE PROVIDED DURING THE NEXT
FISCAL YEAR: PROVIDED FURTHER, THAT NOT TO EXCEED $35,000 OF THE
FOREGOING AMOUNT SHALL BE AVAILABLE FOR SCIENTIFIC CONSULTATIONS OR
EXTRAORDINARY EXPENSE, TO BE EXPENDED UPON THE APPROVAL OR AUTHORITY OF
THE ADMINISTRATOR AND HIS DETERMINATION SHALL BE FINAL AND CONCLUSIVE.
GENERAL PROVISION
NOT TO EXCEED ONE-QUARTER OF 1 PER CENTUM OF THE APPROPRIATIONS MADE
AVAILABLE TO THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION BY THIS
ACT FOR "RESEARCH AND DEVELOPMENT" AND "RESEARCH AND PROGRAM MANAGEMENT"
MAY BE TRANSFERRED TO EITHER OF THE OTHER MENTIONED APPROPRIATION, BUT
NOT TO EXCEED THE AMOUNT AUTHORIZED THEREFOR BY NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION AUTHORIZATION ACT, 1975 (PUBLIC LAW 93 - 316).
"ANTE, P. 243."
NATIONAL SCIENCE FOUNDATION
SALARIES AND EXPENSES
FOR EXPENSES NECESSARY TO CARRY OUT THE PURPOSES OF THE NATIONAL
SCIENCE FOUNDATION ACT OF 1950, AS AMENDED (42 U.S.C. 1861 - 1875),
TITLE IX OF THE NATIONAL DEFENSE EDUCATION ACT OF 1958 (42 U.S.C. 1876
- 1879), AND THE ACT TO ESTABLISH A NATIONAL MEDAL OF SCIENCE (42 U.S.
C. 1880 - 1881), INCLUDING AWARD OF GRADUATE FELLOWSHIPS; SERVICES AS
AUTHORIZED BY 5 U.S.C. 3109; MAINTENANCE AND OPERATION OF AIRCRAFT AND
PURCHASE OF FLIGHT SERVICES FOR RESEARCH SUPPORT; HIRE OF PASSENGER
MOTOR VEHICLES; NOT TO EXCEED $35,900,000 FOR PROGRAM AND
REPRESENTATION EXPENSES; NOT TO EXCEED $5,000 FOR OFFICIAL RECEPTION
AND REPRESENTATION EXPENSES; NOT TO EXCEED $35,900,000 FOR PROGRAM
DEVELOPMENT AND MANAGEMENT; UNIFORMS OR ALLOWANCES THEREFOR, AS
AUTHORIZED BY LAW (5 U.S.C. 5901 - 5902); RENTAL OF CONFERENCE ROOMS IN
THE DISTRICT OF COLUMBIA; AND REIMBURSEMENT OF THE GENERAL SERVICES
ADMINISTRATION FOR SECURITY GUARD SERVICES; $661,500,000, TO REMAIN
AVAILABLE UNTIL JUNE 30, 1976: PROVIDED, THAT OF THE FOREGOING TOTAL
AMOUNT, NOT MORE NOR LESS THAN $13,200,000 SHALL BE USED ONLY FOR
GRADUATE STUDENT SUPPORT; NOT MORE NOR LESS THAN $65,150,000 SHALL BE
USED ONLY FOR SCIENCE EDUCATION IM PROVEMENT; NOT MORE NOR LESS THAN
$5,500,000 SHALL BE USED ONLY FOR INSTITUTIONAL IMPROVEMENT FOR SCIENCE;
AND NOT MORE THAN $50,000,000 SHALL BE AVAILABLE FOR RESEARCH APPLIED
TO NATIONAL NEEDS: PROVIDED FURTHER, THAT RECEIPTS FOR SCIENTIFIC
SUPPORT SERVICES AND MATERIALS FURNISHED BY THE NATIONAL RESEARCH
CENTERS MAY BE CREDITED TO THIS APPROPRIATION: PROVIDED FURTHER, THAT
IF AN INSTITUTION OF HIGHER EDUCATION RECEIVING FUNDS HEREUNDER
DETERMINES AFTER AFFORDING NOTICE AND OPPORTUNITY FOR HEARING TO AN
INDIVIDUAL HAS, AFTER THE DATE OF ENACTMENT OF THIS ACT, WILLFULLY
REFUSED TO OBEY A LAWFUL REGULATION OR ORDER OF SUCH INSTITUTION AND
THAT SUCH REFUSAL WAS OF A SERIOUS NATURE AND CONTRIBUTED TO THE
DISRUPTION OF THE ADMINISTRATION OF SUCH INSTITUTION, THEN THE
INSTITUTION SHALL DENY ANY FURTHER PAYMENT TO, OR FOR THE BENEFITS OF,
SUCH INDIVIDUAL.
SCIENTIFIC ACTIVITIES (SPECIAL FOREIGN CURRENCY PROGRAM)
FOR PAYMENTS IN FOREIGN CURRENCIES WHICH THE TREASURY DEPARTMENT
DETERMINES TO BE EXCESS TO THE NORMAL REQUIREMENTS OF THE UNITED STATES,
FOR SCIENTIFIC ACITIVITIES, AS AUTHORIZED BY LAW, $4,850,000, TO REMAIN
AVAILABLE UNTIL JUNE 30, 1976: PROVIDED, THAT THIS APPROPRIATION SHALL
BE AVAILABLE IN ADDITION TO OTHER APPROPRIATIONS TO THE NATIONAL SCIENCE
FOUNDATION, FOR PAYMENTS IN THE FOREGOING CURRENCIES.
RENEGOTIATION BOARD
SALARIES AND EXPENSES
FOR NECESSARY EXPENSES OF THE RENEGOTIATION BOARD, INCLUDING HIRE OF
PASSENGER MOTOR VEHICLES AND SERVICES AS AUTHORIZED BY 5 U.S.C. 3109,
$5,163,000.
SECURITIES AND EXCHANGE COMMISSION
SALARIES AND EXPENSES
FOR NECESSARY EXPENSES FOR THE SECURITIES AND EXCHANGE COMMISSION,
INCLUDING SERVICES AS AUTHORIZED BY 5 U.S.C. 3109, AND NOT TO EXCEED
$1,200,000 FOR TRAVEL EXPENSES AND, NOT TO EXCEED $2,000 FOR OFFICIAL
RECEPTION AND REPRESENTATION EXPENSES, $43,077,000.
SELECTIVE SERVICE SYSTEM
SALARIES AND EXPENSES
FOR NECESSARY FOR THE SELECTIVE SERVICE SYSTEM, INCLUDING EXPENSES OF
ATTENDANCE AT MEETINGS AND OF TRAINING FOR UNIFORMED PERSONNEL ASSIGNED
TO THE SELECTIVE SERVICE SYSTEM, AS AUTHORIZED BY LAW (5 U.S. C. 4101 -
4118) FOR CIVILIAN EMPLOYEES; AND EXPENSES OF THE NATIONAL SELECTIVE
SERVICE APPEAL BOARD; AND NOT TO EXCEED $1,000 FOR OFFICIAL RECEPTION
AND REPRESENTATION EXPENSES; $45,000,000 : PROVIDED, THAT DURING THE
CURRENT FISCAL YEAR, THE PRESIDENT MAY EXEMPT THIS APPROPRIATION FROM
THE PROVISIONS OF SUBSECTION (C) OF SECTION 3679 OF THE REVISED
STATUTES, AS AMENDED, "31 USC 665." WHENEVER HE DEEMS SUCH ACTION TO BE
NECESSARY IN THE INTEREST OF NATIONAL DEFENSE: PROVIDED FURTHER, THAT
NONE OF THE FUNDS APPROPRIATED BY THIS ACT MAY BE EXPENDED FOR OR IN
CONNECTION WITH THE INDUCTION OF ANY PERSON INTO THE ARMED FORCES OF THE
UNITED STATES.
VETERANS ADMINISTRATION
COMPENSATION AND PENSIONS
FOR THE PAYMENT OF COMPENSATION, PENSIONS, GRATUITIES, AND
ALLOWANCES, INCLUDING BURIAL AWARDS, PLOT ALLOWANCES, BURIAL FLAGS,
HEADSTONES AND GRAVE MARKERS, EMERGENCY AND OTHER OFFICERS' RETIREMENT
PAY, ADJUSTED-SERVICE CREDITS AND CERTIFICATES, AND OTHER BENEFITS AS
AUTHORIZED BY LAW; AND FOR PAYMENT OF AMOUNTS OF COMPROMISES OR
SETTLEMENTS UNDER 28 U.S.C. 2677 OF TORT CLAIMS POTENTIALLY SUBJECT TO
THE OFFSET PROVISIONS OF 38 U.S.C. 351, $7,283,000,000 TO REMAIN
AVAILABLE UNTIL EXPENDED.
READJUSTMENT BENEFITS
FOR THE PAYMENT OF READJUSTMENT AND REHABILITATION BENEFITS TO OR ON
BEHALF OF VETERANS AS AUTHORIZED BY LAW (38 U.S.C. CHAPTERS 21,31, AND
33 - 39), "38 USC 801, 1501, 1601." $2,676,000,000, TO REMAIN AVAILABLE
UNTIL EXPENDED.
VETERANS INSURANCE AND INDEMNITIES
FOR MILITARY AND NAVAL INSURANCE, NATIONAL SERVICE LIFE INSURANCE,
SERVICEMENS' INDEMNITIES, SERVICE-DISABLED VETERANS INSURANCE, AND
SOLDIERS' AND SAILORS' CIVIL RELIEF, $8,750,000, TO REMAIN AVAILABLE
UNTIL EXPENDED.
MEDICAL CARE
FOR EXPENSES NECESSARY FOR THE MAINTENANCE AND OPERATION OF
HOSPITALS, NURSING HOMES, AND DOMICILIARY FACILITIES; FOR FURNISHING,
AS AUTHORIZED BY LAW, INPATIENT AND OUTPATIENT CARE AND TREATMENT TO
BENEFICIARIES OF THE VETERANS ADMINISTRATION, INCLUDING CARE AND
TREATMENT IN FACILITIES NOT UNDER THE JURESDICTION OF THE VETERANS
ADMINISTRATION, AND FURNISHING RECREATIONAL FACILITIES, SUPPLIES AND
EQUIPMENT; FUNERAL, BURIAL AND OTHER EXPENSES INCIDENTAL THERETO FOR
BENEFICIARIES RECEIVING CARE IN VETERANS ADMINISTRATION FACILITIES;
REPAIRING, ALTERING, IMPROVING OR PROVIDING FACILITIES IN THE SEVERAL
HOSPITALS AND HOMES UNDER THE JUSRISDICTION OF THE VETERANS
ADMINISTRATION, NOT OTHERWISE PROVIDED FOR, EITHER BY CONTRACT OR BY THE
HIRE OF TEMPORARY EMPLOYEES AND PURCHASE OF MATERIALS; UNIFORMS OR
ALLOWANCE THEREFOR AS AUTHORIZED BY LAW (5 U.S.C. 5901 - 5902); AND AID
TO STATE HOMES AS AUTHORIZED BY LAW (38 U.S.C. 641); $3,187,644,000,
PLUS REIMBURSEMENTS: PROVIDED, THAT ALLOTMENTS AND TRANSFERS MAY BE
MADE FROM THIS APPROPRIATION TO THE PUBLIC HEALTH SERVICE OF THE
DEPARTMENT OF HEALTH, EXUCATION, AND WELFARE, AND THE ARMY, NAVY, AND
AIR FORCE OF THE DEPARTMENT OF DEFENSE, FOR DISBURSEMENTS BY THEM UNDER
THE VARIOUS HEADINGS OF THEIR APPLICABLE APPROPRIATIONS, OF SUCH AMOUNTS
AS ARE NECESSARY FOR THE CARE AND TREATMENT OF BENEFECIARIES OF THE
VETERANS ADMINISTRATION.
MEDICAL AND PROSTHETIC RESEARCH
FOR EXPENSES NECESSARY FOR CARRYING OUT PROGRAMS OF MEDICAL AND
PROSTHETIC RESEARCH AND DEVELOPMENT, AS AUTHORIZED BY LAW, TO REMAIN
AVAILABLE UNTIL EXPENDED, $89,000,000, PLUS REIMBURSEMENTS.
MEDICAL ADMINISTRATION AND MISCELLANEOUS OPERATING EXPENSES
FOR EXPENSES NECESSARY FOR ADMINISTRATION OF THE MEDICAL, HOSPITAL,
DOMICILIARY, CONSTRUCTION AND SUPPLY, RESEARCH, EMPLOYEE EDUCATION AND
TRAINING ACTIVITIES, AS AUTHORIZED BY LAW, AND FOR CARRYING OUT THE
PROVISIONS OF SECTION 5055, TITLE 38, UNITED STATES CODE, RELATING TO
PILOT PROGRAMS AND GRANTS FOR EXCHANGE FO MEDICAL INFORMATION,
$37,508,000, PLUS REIMBURSEMENTS.
GENERAL OPERATING EXPENSES
FOR NECESSARY OPERATING EXPENSES OF THE VETERANS ADMINISTRATION, NOT
OTHERWISE PROVIDED FOR, INCLUDING UNIFORMS OR ALLOWANCES THEREFOR, AS
AUTHORIZED BY LAW; NOT TO EXCEED $2,500 FOR OFFICIAL RECEPTION AND
REPRESENTATION EXPENSES; CEMETERIAL EXPENSES AS AUTHORIZED BY LAW,
PURCHASE OF ONE PASSENGER MOTOR VEHICLE (MEDIUM SEDAN FOR REPLACEMENT
ONLY) AND HIRE OF PASSENGER MOTOR VEHICLES; AND REIMBURSEMENT OF THE
GENERAL SERVICES ADMINISTRATION FOR SECURITY GUARD SERVICES;
$420,000,000.
CONSTRUCTION, MAJOR PROJECTS
FOR CONSTRUCTING, ALTERING, EXTENDING AND IMPROVING ANY OF THE
FACILITIES UNDER THE JURISDICTION OR FOR THE USE OF THE VETERANS
ADMINISTRATION, OR FOR ANY OF THE PURPOSES SET FORTH IN SECTIONS 5001,
5002 AND 5004 OF THIS TITLE 38, UNITED STATES CODE, INCLUDING PLANNING,
ARCHITECTURAL AND ENGINEERING SERVICES, AND SITE ACQUISITION, WHERE THE
ESTIMATED COST OF A PROJECT IS $1,000,000 OR MORE, $223,925,000, TO
REMAIN AVAILABLE UNTIL EXPENDED: PROVIDED, THAT NONE OF THESE FUNDS
SHALL BE USED FOR ANY PROJECT WHICH HAS NOT BEEN CONSIDERED AND
APPRROVED BY THE CONGRESS IN THE BUDGETARY PROCESS.
CONSTRUCTION, MINOR PROJECTS
FOR CONSTRUCTING, ALTERING, EXTENDING, AND IMPROVING ANY OF THE
FACILITIES UNDER THE JURISDICTION OR FOR THE USE OF THE VETERANS
ADMINISTRATION, INCLUDING PLANNING, ARCHITECTURAL AND ENGINEERING
SERVICES, AND SITE ACQUISITION, OR FOR ANY OF THE PURPOSES SET FORTH IN
SECTIONS 5001, 5002 AND 5004 OF TITLE 98, UNITED STATES CODE, WHERE THE
ESTIMATED COST OF A PROJECT IS LESS THAN $1,000,000, AND FOR NECESSARY
EXPENSES OF THE OFFICE OF CONSTRUCTION, $43,796,000, TO REMAIN AVAILABLE
UNTIL EXPENDED.
GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES
FOR GRANTS TO ASSIST THE SEVERAL STATES TO CONSTRUCT STATE NURSING
HOME FACILITIES AND TO REMODEL, MODIFY OR ALTER EXISTING HOSPITAL AND
DOMICILIARY FACILITIES IN STATE HOMES, FOR FURNISHING CARE TO VETERANS,
AS AUTHORIZED BY LAW (38 U.S.C. 644 AND 5031 - 5037), $9,700,000, TO
REMAIN AVAILABLE UNTIL JUNE 30, 1977.
GRANTS TO THE REPUBLIC OF THE PHILIPPINES
FOR PAYMENT TO THE REPUBLIC OF THE PHILIPPINES OF GRANTS, AS
AUTHORIZED BY LAW (38 U.S.C. 631 - 634), $2,050,000, OF WHICH $50,000
FOR HOSPITAL EQUIPMENT, PLANT, AND FACILITIES REHABILITATION GRANTS
SHALL REMAIN AVAILABLE UNTIL EXPENDED.
PAYMENT OF PARTICIPATION SALES INSUFFICIENCIES
FOR THE PAYMENT OF SUCH INSUFFICIENCIES AS MAY BE REQUIRED BY THE
GOVERNMENT NATIONAL MORTGAGE ASSOCIATION, AS TRUSTEE, ON ACCOUNT OF
OUTSTANDING BENEFICIAL INTERESTS OR PARTICIPATION IN DIRECT LOAN
REVOLVING FUND ASSETS OR LOAN GUARANTY REVOLVING FUND ASSETS, AUTHORIZED
BY THE INDEPENDENT OFFICES, AND DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT APPROPRIATION ACT, 1968, "81 STAT. 352." TO BE ISSUED
PURSUANT TO SECTION 302 (C) OF THE FEDERAL NATIONAL MORTGAGE ASSOCIATION
CHARTER ACT, AS AMENDED (12 U.S.C. 1717 (C), $1,828,000.
LOAN GUARANTY REVOLVING FUND
DURING THE CURRENT FISCAL YEAR, THE LOAN GUARANTY REVOLVING FUND
SHALL BE AVAILABLE FOR EXPENSES, BUT NOT TO EXCEED $500,000,000, FOR
PROPERTY ACQUISITIONS AND OTHER LOAN GUARANTY AND INSURANCE OPERATIONS
UNDER CHAPTER 37, TITLE 38, UNITED STATES CODE, "38 USC 1801." EXCEPT
ADMINISTRATIVE EXPENSES, AS AUTHORIZED BY SECTION 1824 OF SUCH TITLE:
PROVIDED, THAT THE UNOBLIGATED BALANCES INCLUDING RETAINED EARNINGS OF
THE DIRECT LOAN REVOLVING FUND SHALL BE AVAILABLE, DURING THE CURRENT
FISCAL YEAR, FOR TRANSFER TO THE LOAN GUARANTY REVOLVING FUND IN SUCH
AMOUNTS AS MAY BE NECESSARY TO PROVIDE FOR THE TIMELY PAYMENT OF
OBLIGATIONS OF SUCH FUND AND THE ADMINISTRATOR OF VETERANS AFFAIRS SHALL
NOT BE REQUIRED TO PAY INTEREST ON AMOUNTS SO TRANSFERRED AFTER THE TIME
OF SUCH TRANSFER.
VOCATIONAL REHABILITATION REVOLVING FUND
TO INCREASE THE "VOCATIONAL REHABILITATION REVOLVING FUND"
ESTABLISHED BY THE ACT OF MARCH 24, 1943, AND CONTINUED BY 38 U.S.C.
1507, $97,000.
ADMINISTRATIVE PROVISIONS
NOT TO EXCEED 5 PER CENTUM OF ANY APPROPRIATION FOR THE CURRENT
FISCAL YEAR FOR "COMPENSATION AND PENSIONS", "READJUSTMENT BENEFITS",
AND "VETERANS INSURANCE AND INDEMNITIES" MAY BE TRANSFERRED TO ANY OTHER
OF THE MENTIONED APPROPRIATIONS, BUT NOT TO EXCEED 10 PER CENTUM OF THE
APPROPRIATIONS SO AUGMENTED.
APPROPRIATIONS AVAILABLE TO THE VETERANS ADMINISTRATION FOR THE
CURRENT FISCAL YEAR FOR SALARIES AND EXPENSES SHALL BE AVAILABLE FOR
SERVICES AS AUTHORIZED BY 5 U.S.C. 3109.
NO PART OF THE APPROPRIATIONS IN THIS ACT FOR THE VETERANS
ADMINISTRATION (EXCEPT THE APPROPRIATIONS FOR "CONSTRUCTION, MAJOR
PROJECTS", AND "CONSTRUCTION, MINOR PROJECTS") SHALL BE AVAILABLE FOR
THE PURCHASE OF ANY SITE FOR OR TOWARD THE CONSTRUCTION OF ANY NEW
HOSPITAL OR HOME.
NO PART OF THE FOREGOING APPROPRIATIONS SHALL BE AVAILABLE FOR
HOSPITALIZATION OR EXAMINATION OF ANY PERSONS EXCEPT BENEFICIARIES
ENTITLED UNDER THE LAWS BESTOWING SUCH BENEFITS TO VETERANS, UNLESS
REIMBURSEMENT OF COST IS MADE TO THE APPROPRIATION AT SUCH RATES AS MAY
BE FIXED BY THE ADMINISTRATOR OF VETERANS AFFAIRS.
THE FOLLOWING CORPORATIONS AND AGENCIES, RESPECTIVELY, ARE HEREBY
AUTHORIZED TO MAKE SUCH EXPENDITURES, WITHIN THE LIMITS OF FUNDS AND
BORROWING AUTHORITY AVAILABLEL TO EACH SHCH CORPORATION OR AGENCY AND IN
ACCORD WITH LAW, AND TO MAKE SUCH CONTRACTS AND COMMITMENTS WITHOUT
REGARD TO FISCAL YEAR LIMITATIONS AS PROVIDED BY SECTION 104 OF THE
GOVERNMENT CORPORATION CONTROL ACT, AS AMENDED, "31 USC 849." AS MAY BE
NECESSARY IN CARRYING OUT THE PROGRAMS SET FORTH IN THE BUDGET FOR THE
CURRENT FISCAL YEAR FOR SUCH CORPORATION OR AGENCY EXCEPT AS HEREINAFTER
PROVIDED.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
LIMITATION ON ADMINISTRATIVE AND NONADMINISTRATIVE EXPENSES,
FEDERAL HOUSING ADMINISTRATION
FOR ADMINISTRATIVE EXPENSES IN CARRYING OUT DUTIES IMPOSED BY OR
PURSUANT TO LAW, NOT TO EXCEED $13,803,000 OF THE VARIOUS FUNDS OF THE
FEDERAL HOUSING ADMINISTRATION SHALL BE AVAILABLE, IN ACCORDANCE WITH
THE NATIONAL HOUSING ACT, AS AMENDED (12 U.S.C. 1701): PROVIDED, THAT
FUNDS SHALL BE AVAILABLE FOR CONTRACT ACTUARIAL SERVICES (NOT TO EXCEED
$1,500): PROVIDED FURTHER, THAT NONADMINISTRATIVE EXPENSES CLASSIFIED
BY SECTION 2 OF PUBLIC LAW 387, APPROVED OCTOBER 25, 1949, "12 USC
1702." SHALL NOT EXCEED $190,500,000.
LIMITATION ON ADMINISTRATIVE EXPENSES, GOVERNMENT NATIONAL
MORTGAGE ASSOCIATION
NOT TO EXCEED $8,080,000 SHALL BE AVAILABLE FOR ADMINISTRATIVE
EXPENSES, WHICH SHALL BE ON AN ACCRUAL BASIS, AND SHALL BE EXCLUSIVE OF
INTEREST PAID, EXPENSES (INCLUDING EXPENSES FOR FISCAL AGENCY SERVICES
PERFORMED ON A CONTRACT OR FEE BASIS ) IN CONNECTION WITH THE ISSUANCE
AND SERVICING OF SECURITIES, DEPRECIATION, PROPERLY CAPITALIZED
EXPENDITURES, FEES FOR SERVICING MORTGAGES, EXPENSES (INCLUDING SERVICES
PERFORMED ON A FORCE ACCOUNT, CONTRACT OR FEE BASIS, BUT NOT INCLUDING
OTHER PERSONAL SERVICES) IN CONNECTION WITH THE ACQUISITION, PROTECTION,
OPERATION, MAINTENANCE, IMPROVEMENT, OR DISPOSITION OF REAL OR PERSONAL
PROPERTY BELONGING TO SAID ASSOCIATION OR IN WHICH IT HAS AN INTEREST,
COST OF SALARIES, WAGES, TRAVEL, AND OTHER EXPENSES OF PERSONS EMPLOYED
OUTSIDE THE CONTINENTAL UNITED STATES, AND ALL ADMINISTRATIVE EXPENSES
REIMBURSABLE FROM OTHER GOVERNMENT AGENCIES AND FROM THE FEDERAL
NATIONAL MORTGAGE ASSOCIATION: PROVIDED, THAT THE DISTRIBUTION OF
ADMINISTRATIVE EXPENSES TO THE ACCOUNTS OF THE ASSOCIATION SHALL BE MADE
IN ACCORDANCE WITH GENERALLY RECOGNIZED ACCOUNTING PRINCIPLES AND
PRACTICES.
FEDERAL HOME LOAN BANK BOARD
LIMITATION ON ADMINISTRATIVE AND NONADMINISTRATIVE EXPENSES,
FEDERAL HOME LOAN BANK BOARD
NOT TO EXCEED A TOTAL OF $10,400,000 SHALL BE AVAILABLE FOR
ADMINISTRATIVE EXPENSES OF THE FEDERAL HOME LOAN BANK BOARD, WHICH MAY
PROCURE SERVICES AS AUTHORIZED BY 5 U.S.C. 3108, AND CONTRACTS FOR SUCH
SERVICES WITH ONE ORGANIZATIONS MAY BE RENEWED ANNUALLY, AND UNIFORMS OR
ALLOWANCES THEREFOR IN ACCORDANCE WITH LAW (5 U.S.C. 5901 - 5902), AND
SAID AMOUNT SHALL DERIVED FROM FUNDS AVAILABLE TO THE FEDERAL HOME LOAN
BANK BOARD, INCLUDING THOSE IN THE FEDERAL HOME LOAN BANK BOARD
REVOLVING FUND AND RECEIPTS OF THE BOARD FOR THE CURRENT FISCAL YEAR AND
PRIOR FISCAL YEARS, AND THE BOARD MAY UTILIZE AND MAY MAKE PAYMENT FOR
SERVICES AND FACILITIES OF THE FEDERAL HOME LOAN BANKS, THE FEDERAL
RESERVE BANKS, THE FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION, THE
FEDERAL HOME LOAN MORTGAGE CORPORATION, AND OTHER AGENCIES OF THE
GOVERNMENT (INCLUDING PAYMENT FOR OFFICE SPACE): PROVIDED, THAT ALL
NECESSARY EXPENSES IN CONNECTION WITH THE CONSERVATORSHIP OR LIQUIDATION
OF INSTITUTIONS INSURED BY THE FEDERAL SAVINGS AND LOAN INSURANCE
CORPORATION, LIQUIDATION OR HANDLING OF ASSETS OF OR DERIVED FROM SUCH
INSURED INSTITUTIONS, PAYMENT OF INSURANCE, AND ACTION FOR OR TOWARD THE
AVOIDANCE, TERMINATION, OR MINIMIZING OF LOSSES IN THE CASE OF SUCH
INSURED INSTITUTIONS, OR ACTIVITIES RELATING TO SECTION 5A(F) OR 6(I) OF
THE FEDERAL HOME LOAN BANK ACT, "12 USC 1425A, 1426." SECTION 5(D) OF
THE HOME OWNERS' LOAN ACT OF 1933, "12 USC 1464." OR SECTION 406(C),
407, OR 408 OF THE NATIONAL HOUSING ACT, "12 USC 1729 - 1730A." AND ALL
NECESSARY EXPENSES (INCLUDING SERVICES PERFORMED ON A CONTRACT OR FEE
BASIS, BUT NOT INCLUDING OTHER PERSONAL SERVICES) IN CONNECTION WITH THE
HANDLING, INCLUDING THE PURCHASE, SALE, AND EXCHANGE, OF SECURITIES ON
BEHALF OF FEDERAL HOME LOAN BANKS, AND THE SALE, ISSUANCE, AND
RETIREMENT OF, OR PAYMENT OF INTEREST ON, DEBENTURES OR BONDS, UNDER THE
FEDERAL HOME LOAN BANK ACT, AS AMENDED, SHALL BE CONSIDERED AS
NONADMINISTRATIVE EXPENSES FOR THE PURPOSES HEREOF: PROVIDED FURTHER,
"12 USC 1428A NOTE." THAT MEMBERS AND ALTERNATES OF THE FEDERAL SAVINGS
AND LOAN ADVISORY COUNCIL SHALL BE ENTITLED TO REIMBURSEMENT FROM THE
BOARD AS APPROVED BY THE BOARD FOR TRANSPORTATION EXPENSES INCURRED IN
ATTENDANCE AT MEETINGS OF OR CONCERNED WITH THE WORK OF SUCH COUNCIL AND
MAY BE PAID IN LIEU OF SUBSISTENCE PER DIEM NOT TO EXCEED THE DOLLAR
AMOUNT SET FORTH IN 5 U. S.C. 5703(D) (1) : PROVIDED FURTHER, THAT
EXPENSES OF ANY FUNCTIONS OF SUPERVISION (EXCEPT OF FEDERAL HOME LOAN
BANKS) VESTED IN OR EXERCISABLY BY THE BOARD SHALL BE CONSIDERED AS
NONADMINISTRATIVE EXPENSES: PROVIDED FURTHER, THAT NOT TO EXCEED $1,000
SHALL BE AVAILABLE FOR OFFICIAL RECEPTION AND REPRESENTATION EXPENSES:
PROVIDED FURTHER, THAT, NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS
ACT, EXCEPT FOR THE LIMITATION IN AMOUNT HEREINBEFORE SPECIFIED, THE
ADMINISTRATIVE EXPENSES AND OTHER OBLIGATIONS OF THE BOARD SHALL BE
INCURRED, ALLOWED, AND PAID IN ACCORDANCE WITH THE PROVISIONS OF THE
FEDERAL HOME LOAN BANK ACT OF JULY 22, 1932, AS AMENDED (12 U.S.C. 1421
- 1449): PROVIDED FURTHER, THAT THE DOLLAR LIMITATION OF SECTION 18 (C)
OF THE FEDERAL HOME LOAN BANK ACT "12 USC 1438." IS FURTHER INCREASED BY
THE CUMULATIVE ASSESSMENTS AND INTEREST-BEARING OR OTHER ADVANCES FOR
PURPOSES THEREOF, WHICH SHALL INCLUDE RELATED COMMERCIAL FACILITIES,
HEREBY AUTHORIZED TO BE REQUIRED BY THE BOARD AS NONADMINISTRATIVE
EXPENDITURES OF AGENCIES UNDER ADMINISTRATION OR SUPERVISION OF THE
BOARD OR OF A BODY COMPOSED OF ITS MEMBERS, ALL OF WHICH ARE HEREBY
INCLUDED IN THE REFERENCES THEREIN TO AGENCIES UNDER THE BOARD'S
SUPERVISION, AND THE BOARD IS HEREBY AUTHORIZED TO ADJUST AS IT DEEMS
EQUITABLE THE INTEREST ON ADVANCES NOW OR HEREAFTER OUTSTANDING
THEREUNDER OR HEREUNDER: PROVIDED FURTHER, THAT THE NONADMINISTRATIVE
EXPENSES (EXCEPT THOSE INCLUDED IN THE FIRST PROVISO HEREOF) FOR
SUPERVISION AND EXAMINATION OF FEDERAL AND STATE CHARTERED INSTITUTIONS
(OTHER THAN SPECIAL EXAMINATIONS DETERMINED BY THE BOARD TO BE
NECESSARY) SHALL NOT EXCEED $20,736,000.
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL SAVINGS AND LOAN
INSURANCE CORPORATION
NOT TO EXCEED $772,000 SHALL BE AVAILABLE FOR ADMINISTRATIVE
EXPENSES, WHICH SHALL BE ON AN ACCRUAL BASIS AND SHALL BE EXCLUSIVE OF
INTEREST PAID, DEPRECIATION, PROPERLY CAPITALIZED EXPENDITURES, EXPENSES
IN CONNECTION WITH LIQUIDATION OF INSURED INSTITUTIONS OR ACTIVITIES
RELATING TO SECTION 406(C), 407, OR 408 OF THE NATIONAL HOUSING ACT, "12
USC 1729 - 1730A." LIQUIDATION OR HANDLING OF ASSETS OF OR DERIVED FROM
INSURED INSTITUTIONS, PAYMENT OF INSURANCE, AND ACTION FOR OR TOWARD THE
AVOIDANCE, TERMINATION, OR MINIMIZING OF LOSSES IN THE CASE OF INSURED
INSTITUTIONS, LEGAL FEES AND EXPENSES AND PAYMENTS FOR EXPENSES OF THE
FEDERAL HOME LOAN BANK BOARD DETERMINED BY SAID BOARD TO BE PROPERLY
ALLOCABLE TO SAID CORPORATION, AND SAID CORPORATION MAY UTILIZE AND MAY
MAKE PAYMENTS FOR SERVICES AND FACILITIES OF THE FEDERAL HOME LOAN
BANKS, THE FEDERAL RESERVE BANKS, THE FEDERAL HOME LOAN BANK BOARD, THE
FEDERAL HOME LOAN MORTGAGE CORPORATION, AND OTHER AGENCIES OF THE
GOVERNMENT: PROVIDED, THAT, NOTWITHSTANDING ANY OTHER PROVISIONS OF
THIS ACT, EXCEPT FOR THE LIMITATION IN AMOUNT HEREINBEFORE SPECIFIED,
THE ADMINISTRATIVE EXPENSES AND OTHER OBLIGATIONS OF SAID CORPORATION
SHALL BE INCURRED, ALLOWED, AND PAID IN ACCORDANCE WITH TITLE IV OF THE
ACT OF JUNE 27, 1934, AS AMENDED (12 U.S.C. 1724 - 1730B).
SEC. 401. WHERE APPROPRIATIONS IN TITLES I AND II OF THIS ACT AS
EXPENDABLE FOR TRAVEL EXPENSES OF EMPLOYEES AND NO SPECIFIC LIMITATION
HAS BEEN PLACED THEREON, THE EXPENDITURES FOR SUCH TRAVEL EXPENSES MAY
NOT EXCEED THE AMOUNTS SET FORTH THEREFOR IN THE BUDGET ESTIMATES
SUBMITTED FOR THE APPROPRIATIONS: PROVIDED, THAT THIS SECTION SHALL NOT
APPLY TO TRAVEL PERFORMED BY UNCOMPENSATED OFFICIALS OF LOCAL BOARDS AND
APPEAL BOARDS OF THE SELECTIVE SERVICE SYSTEM; TO TRAVEL PERFORMED
DIRECTLY IN CONNECTION WITH CARE AND TREATMENT OF MEDICAL BENEFECIARIES
OF THE VETERANS ADMINISTRATION; OR TO PAYMENTS TO INTERAGENCY MOTOR
POOLS WHERE SEPARATELY SET FORTH IN THE BUDGET SCHEDULES.
SEC. 402. APPROPRIATIONS AND FUNDS AVAILABLE FOR THE ADMINISTRATIVE
EXPENSES OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND THE
SELECTIVE SERVICE SYSTEM SHALL BE AVAILABLE IN THE CURRENT FISCAL YEAR
FOR PURCHASE OF UNIFORMS, OR ALLOWANCES THEREOF, AS AUTHORIZED BY LAW (5
U.S.C. 5901 - 5902); HIRE OF PASSENGER MOTOR VEHICLES; AND SERVICES AS
AUTHORIZED BY 5 U.S.C. 3109.
SEC. 403. FUNDS MADE AVAILABLE FOR THE DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT UNDER TITLE III OF THIS ACT SHALL BE AVAILABLE,
WITHOUT REGARD TO THE LIMITATIONS ON ADMINISTRATIVE EXPENSES, FOR LEGAL
SERVICES ON A CONTRACT OR FEE BASIS, AND FOR UTILIZING AND MAKING
PAYMENT FOR SERVICES AND FACILITIES OF FEDERAL NATIONAL MORTGAGE
ASSOCIATION OR GOVERNMENT NATIONAL MORTGAGE ASSOCIATION, FEDERAL RESERVE
BANKS OR ANY MEMBER THEREOF, FEDERAL HOME LOAN BANKS, AND ANY INSURED
BANK WITHIN THE MEANING OF THE FEDERAL HOME LOAN BANKS, AND ANY INSURED
BANK WITHI THE MEANING OF THE FEDERAL DEPOSIT INSURANCE CORPORATION ACT,
AS AMENDED (12 U.S.C. 1811 - 1831).
SEC. 404. NONE OF THE FUNDS PROVIDED IN THIS ACT MAY BE USED FOR
PAYMENT, THROUGH GRANTS OR CONTRACTS, TO RECIPIENTS THAT DO NOT SHARE IN
THE COST OF CONDUCTING RESEARCH RESULTING FROM PROPOSALS FOR PROJECTS
NOT SPECIFICALLY SOLICITED BY THE GOVERNMENT: PROVIDED, THAT THE EXTENT
OF COST SHARING BY THE RECIPIENT SHALL REFLECT THE MUTUALITY OF INTEREST
OF THE GRANTEE OR CONTRACTOR AND THE GOVERNMENT IN THE RESEARCH.
SEC. 405. NO PART OF ANY APPROPRIATION, FUNDS, OR OTHER AUTHORITY
CONTAINED IN THIS ACT SHALL BE AVAILABLE FOR PAYING TO THE ADMINISTRATOR
OF THE GENERAL SERVICES ADMINISTRATION IN EXCESS OF 90 PER CENTUM OF THE
STANDARD LEVEL USER CHARGE ESTABLISHED PURSUANT TO SECTION 210(J) OF THE
FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949, AS AMENDED,
"40 USC 492." FOR SPACE AND SERVICES.
SEC. 406. NO PART OF ANY APPROPRIATIONS CONTAINED IN THIS ACT SHALL
REMAIN AVAILABLE FOR OBLIGATION BEYOND THE CURRENT FISCAL YEAR UNLESS
EXPRESSLY SO PROVIDED HEREIN.
THIS ACT MAY BE CITED AS THE "DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT; SPACE, SCIENCE, VETERANS, AND CERTAIN OTHER INDEPENDENT
AGENCIES APPROPRIATION ACT, 1975".
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 1139 (COMM. ON APPROPRIATIONS) AND NO. 93 -
1310 (COMM. OF CONFERENCE).
SENATE REPORTS: NOS. 93 - 1056 AND 93 - 1091 (COMM. ON
APPROPRIATIONS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
JUNE 26, CONSIDERED AND PASSED HOUSE.
AUG. 16, CONSIDERED AND PASSED SENATE, AMENDED.
AUG. 22, HOUSE AND SENATE AGREED TO CONFERENCE REPORT.
PUBLIC LAW 93-413, 88 STAT 1093, NATIONAL SCIENCE FOUNDATION
AUTHORIZATION ACT OF 1975
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THERE IS HEREBY
AUTHORIZED TO BE APPROPRIATED TO THE NATIONAL SCIENCE FOUNDATION FOR THE
FISCAL YEAR ENDING JUNE 30, 1975, FOR THE FOLLOWING CATEGORIES:
(1) SCIENTIFIC RESEARCH PROJECT SUPPORT, $358,700, 000.
(2) NATIONAL AND SPECIAL RESEARCH PROGRAMS, $91,900,000.
(3) NATIONAL RESEARCH CENTERS, $52,500,000.
(4) SCIENCE INFORMATION ACTIVITIES, $6,300,000.
(5) INTERNATIONAL COOPERATIVE SCIENTIFIC ACTIVITIES,
$8,000,000.
(6) RESEARCH APPLIED TO NATIONAL NEEDS, $148,900,000.
(7) INTERGOVERNMENAL SCIENCE PROGRAM, $2,000,000.
(8) INSTITUTIONAL IMPROVEMENT FOR SCIENCE, $12,000,000.
(9) GRADUATE STUDENT SUPPORT, $15,000,000.
(10) SCIENCE EDUCATION IMPROVEMENT, $70,000,000.
(11) PLANNING AND POLICY STUDIES, $2,700,000.
(12) PROGRAM DEVELOPMENT AND MANAGEMENT, $39,500,000.
SEC. 2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS OR ANY OTHER
ACT--,
(A) TO THE TOTAL AMOUNT AUTHORIZED UNDER SECTION 1, NOT LESS
THAN $10,000,000 SHALL BE AVAILABLE FOR THE PURPOSE OF
"INSTITUTIONAL IMPROVEMENT FOR SCIENCE";
(B) OF THE TOTAL AMOUNT AUTHORIZED UNDER SECTION 1, NOT LESS
THAN $15,000,000 SHALL BE AVAILABLE FOR THE PURPOSE OF "GRADUATE
STUDENT SUPPORT";
(C) OF THE TOTAL AMOUNT AUTHORIZED UNDER SECTION 1, NOT LESS
THAN $70,000,000 SHALL BE AVAILABLE FOR THE PURPOSE OF SCIENCE
EDUCATION IMPROVEMENT";
(D) OF THE TOTAL AMOUNT AUTHORIZED IN CATEGORY (2) OF SECTION
1--,
(1) NOT LESS THAN $1,600,000 SHALL BE AVAILABLE FOR
EXPERIMENTAL R. & D. INCENTIVES", AND
(2) NOT LESS THAN $4,000,000 SHALL BE AVAILABLE FOR "SHIP
CONSTRUCTION/CONVERSION";
(E) OF THE TOTAL AMOUNT AUTHORIZED IN CATEGORY (6) OF SECTION
1--,
(1) NOT LESS THAN $1,000,000 SHALL BE AVAILABLE FOR "FIRE
RESEARCH", AND
(2) NOT LESS THAN $8,000,000 SHALL BE AVAILABLE FOR "EARTHQUAKE
RESEARCH AND ENGINEERING", AND
(F) OF THE TOTAL AMOUNT AUTHORIZED IN CATEGORY (10) OF SECTION
1--,
(1) NOT LESS THAN $1,500,000 SHALL BE AVAILABLE FOR "SCIENCE
FACULTY FELLOWSHIPS FOR COLLEGE TEACHERS",
(2) NOT LESS THAN $3,800,000 SHALL BE AVAILABLE FOR "STUDENT
PROGRAMS" INCLUDING "UNDERGRADUATE STUDENT PROJECTS" AND "STUDENT
ORIGINATED STUDIES", AND
(3) NOT LESS THAN $2,000,000 SHALL BE AVAILABLE FOR "HIGH
SCHOOL STUDENT PROJECTS".
SEC. 3. APPROPRIATIONS MADE PURSUANT TO THIS ACT MAY BE USED, BUT
NOT TO EXCEED $5,000, FOR OFFICIAL CONSULTATION, REPRESENTATION, OR
OTHER EXTRAORDINARY EXPENSES UPON THE APPROVAL OR AUTHORITY OF THE
DIRECTOR OF THE NATIONAL SCIENCE FOUNDATION, AND HIS DETERMINATION SHALL
BE FINAL AND CONCLUSIVE UPON THE ACCOUNTING OFFICERS OF THE GOVERNMENT.
SEC. 4. IN ADDITION TO SUCH SUMS AS ARE AUTHORIZED BY SECTION 1, NOT
TO EXCEED $5,000,000 IS AUTHORIZED TO BE APPROPRIATED FOR THE FISCAL
YEAR ENDING JUNE 30, 1975, FOR EXPENSES OF THE NATIONAL SCIENCE
FOUNDATION INCURRED OUTSIDE THE UNITED STATES TO BE PAID FOR IN FOREIGN
CURRENCIES WHICH THE TREASURY DEPARTMENT DETERMINES TO BE EXCESS TO THE
NORMAL REQUIREMENTS OF THE UNITED STATES.
SEC. 5. APPROPRIATIONS MADE PURSUANT TO SECTIONS 1 AND 4 SHALL
REMAIN AVAILABLE FOR OBLIGATION, FOR EXPENDITURE, OR FOR OBLIGATION AND
EXPENDITURE, FOR SUCH PERIOD OR PERIODS AS MAY BE SPECIFIED IN ACTS
MAKING SUCH APPROPRIATIONS.
SEC. 6. NO FUNDS MAY TRANSFERRED FROM ANY PARTICULAR CATEGORY LISTED
IN SECTION 1 TO ANY OTHER CATEGORY OR CATEGORIES LISTED IN SUCH SECTION
IF THE TOTAL OF THE FUNDS SO TRANSFERRED FROM THAT PARTICULAR CATEGORY
WOULD EXCEED 10 PER CENTUM THEREOF, AND NO FUNDS MAY BE TRANSFERRED TO
ANY PARTICULAR CATEGORY LISTED IN SECTION 1 FROM ANY OTHER CATEGORY OR
CATEGORIES LISTED IN SUCH SECTION IF THE TOTAL OF THE FUNDS SO
TRANSFERRED TO THAT PARTICULAR CATEGORY WOULD EXCEED 10 PER CENTUM
THEREOF, UNLESS--,
(A) A PERIOD OF THIRTY LEGISLATIVE DATY HAS PASSED AFTER THE
DIRECTOR OR HIS DESIGNEE HAS TRANSMITTED TO THE SPEAKER OF THE
HOUSE OF REPRESENTATIVES AND TO THE PRESIDENT OF THE SENATE AND TO
THE COMMITTEE OF SCIENCE AND ASTRONAUTICS OF THE HOUSE OF
REPRESENTATIVES AND TO THE COMMITTEE ON LABOR AND PUBLIC WELFARE
OF THE SENATE A WRITTEN REPORT CONTAINING A FULL AND COMPLETE
STATEMENT CONCERNING THE NATURE OF THE TRANSFER AND THE REASON
THEREFOR, OR
(B) EACH SUCH COMMITTEE BEFORE THE EXPIRATION OF SUCH PERIOD
HAS TRANSMITTED TO THE DIRECTOR WRITTEN NOTICE TO THE EFFECT THAT
SUCH COMMITTEE HAS NO OBJECTION TO THE PROPOSED ACTION.
SEC. 7. NOTWITHSTANDING ANY OTHER PROVISION OF THIS OR ANY OTHER
ACT, THE DIRECTOR OF THE NATIONAL SCIENCE FOUNDATION SHALL KEEP THE
COMMITTEE ON SCIENCE AND ASTRONAUTICS OF THE HOUSE OF REPRESENTATIVES
AND THE COMMITTEE ON LABOR AND PUBLIC WELFARE OF THE SENATE FULL AND
CURRENTLY INFORMED WITH RESPECT TO ALL OF THE ACTIVITIES OF THE NATIONAL
SCIENCE FOUNDATION. "42 USC 1882."
SEC. 8. THIS ACT MAY BE CITED AS THE "NATIONAL SCIENCE FOUNDATION
AUTHORIZATION ACT, 1975".
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 995 (COMM. ON SCIENCE AND ASTRONAUTICS) AND
NO. 93 - 1302 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 848 ACCOMPANYING S. 3344 (COMM. ON LABOR AND
PUBLIC WELFARE).
CONGRESSIONAL RECORD, VOL. 120 (1974):
APR. 25, CONSIDERED AND PASSED HOUSE.
MAY 16, CONSIDERED AND PASSED SENATE, AMENDED, IN LIEU OF S.
3344.
AUG. 19, SENATE AGREED TO CONFERENCE REPORT.
AUG. 22, HOUSE AGREED TO CONFERENCE REPORT.
PUBLIC LAW 93-412, 88 STAT. 1089, DISTRICT OF COLUMBIA CRIMINAL
JUSTICE ACT.
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 "DISTRICT OF COLUMBIA CRIMINAL JUSTICE ACT". D.C. CODE 11 - 2601
NOTE."
SEC. 2. TITLE II OF THE DISTRICT OF COLUMBIA CODE "87 STAT. 473." IS
AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW CHAPTER:
SEC.
"11 - 2601. PLAN FOR FURNISHING REPRESENTATION TO INDIGENTS IN
CRIMINAL CASES.
"11 - 2602. APPOINTMENT OF COUNSEL.
"11 - 2603. DURATION AND SUBSTITUTION OF APPOINTMENTS.
"11 - 2604. PAYMENT FOR REPRESENTATION.
"11 - 2605. SERVICES OTHER THAN COUNSEL.
"11 - 2606. RECEIPT OF OTHER PAYMENTS.
"11 - 2607. PREPARATION OF BUDGET.
"11 - 2608. AUTHORIZATION OF APPROPRIATIONS.
"11 - 2609. AUTHORITY OF COUNCIL.
INDIGENTS IN CRIMINAL CASES
"THE JOINT COMMITTEE ON JUDICIAL ADMINISTRATION SHALL PLACE IN
OPERATION, WITHIN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS CHAPTER,
IN THE DISTRICT OF COLUMBIA A PLAN FOR FURNISHING REPRESENTATION TO ANY
PERSON IN THE DISTRICT OF COLUMBIA WHO IS FINANCIALLY UNABLE TO OBTAIN
ADEQUATE REPRESENTATION--,
"(1) WHO IS CHARGED WITH A FELONY, OR MISDEMEANOR, OR OTHER
OFFENSE FOR WHICH THE SIXTH AMENDMENT TO THE CONSTITUTION REQUIRES
THE APPOINTMENT OF COUNSEL OR FOR WHOM, IN A CASE WHICH HE FACES
LOSS OF LIBERTY, ANY LAW OF THE DISTRICT OF COLUMBIA REQUIRES THE
APPOINTMENT OF COUNSEL;
"(2) WHO IS UNDER ARREST, WHEN SUCH REPRESENTATION IS REQUIRED
BY LAW;
"(3) WHO IS CHARGED WITH VIOLATING A CONDITION OF PROBATION OR
PAROLE IN CUSTODY AS A MATERIAL WITNESS, OR SEEKING COLLATERAL
RELIEF, AS PROVIDED IN --,
"(A) SECTION 23-110 OF THE DISTRICT OF COLUMBIA CODE (REMEDIES
ON MOTION ATTACKING SENTENCE),
"(B) CHAPTER 7 OF TITLE 23 OF THE DISTRICT OF COLUMBIA CODE
(EXTRADITION AND FUGITIVES FROM JUSTICE),
"(C) CHAPTER 19 OF TITLE 16 OF THE DISTRICT OF COLUMBIA CODE
(HABEAS CORPUS),
"(D) SECTION 928 OF THE ACT OF MARCH 8, 1901 (D.C. CODE, SEC.
24-302) //31 STAT. 1340; 69 STAT. 611.// (COMMITMENT OF MENTALLY
ILL PERSON WHILE SERVING SENTENCE);
"(4) WHO IS SUBJECT TO PROCEEDINGS PURSUANT TO CHAPTER 5 OF
TITLE 21 OF THE DISTRICT OF COLUMBIA CODE "D.C. CODE 21 - 501."
(HOSPITALIZATION OF THE MENTALLY ILL);
"(5) WHO IS A JUVENILE AND ALLEGED TO BE DELIQUENT OR IN NEED
OF SUPERVISION.
REPRESENTATION UNDER THE PLAN SHALL INCLUDE COUNSEL AND INVESTIGATIVE,
EXPERT, AND OTHER SERVICES NECESSARY FOR AN ADEQUATE DEFENSE. THE PLAN
SHALL INCLUDE A PROVISION FOR PRIVATE ATTORNEYS, ATTORNEYS FURNISHED BY
THE PUBLIC DEFENDER SERVICE, AND ATTORNEYS AND QUALIFIED STUDENTS
PARTICIPATING IN CLINICAL PROGRAMS.
"COUNSEL FURNISHING REPRESENTATION UNDER THE PLAN SHALL IN EVERY CASE
BE SELECTED FROM PANELS OF ATTORNEYS DESIGNATED AND APPROVED BY THE
COURTS. IN ALL CASES WHERE A PERSON FACES A LOSS OF LIBERTY AND THE
CONSTITUTION OR ANY OTHER LAW REQUIRES THE APPOINTMENT OF COUNSEL, THE
COURT SHALL ADVISE THE DEFENDANT OR RESPONDENT THAT HE HAS THE RIGHT TO
BE REPRESENTED BY COUNSEL AND THAT COUNSEL WILL BE APPOINTED TO
REPRESENT HIM IF HE IS FINANCIALLY UNABLE TO OBTAIN COUNSEL. UNLESS THE
DEFENDANT OR RESPONDENT WAIVES REPRESNTATION BY COUNSEL, THE COURT, IF
SATISFIED AFTER APPROPRIATE INQUIRY THAT THE DEFENDANT OR RESPONDENT IS
FINANCIALLY UNABLE TO OBTAIN COUNSEL, SHALL APPOINT COUNSEL TO REPRESENT
HIM. SUCH APPOINTMENT MAY BE MADE RETROACTIVE TO INCLUDE ANY
REPRESENTATION FURNISHED PURSUANT TO THE PLAN PRIOR TO APPOINTMENT. THE
COURT SHALL APPOINT SEPARATE COUNSEL FOR DEFENDANTS OR RESPONDENTS
HAVING INTERESTS THAT CANNOT PROPERLY BE REPRESENTED BY THE SAME
COUNSEL, OR WHEN OTHER GOOD CAUSE IS SHOWN. IN ALL CASES COVERED BY
THIS ACT WHERE THE APPOINTMENT OF COUNSEL IS DISCRETIONARY, THE
DEFENDANT OR RESPONDENT SHALL BE ADVISED THAT COUNSEL MAY BE APPOINTED
TO REPRESENT HIM IF HE IS FINANCIALLY UNABLE TO OBTAIN COUNSEL, AND THE
COURT SHALL IN ALL SUCH CASES ADVISE THE DEFENDANT OR RESPONDENT OF THE
MANNER AND PROCEDURES BY WHICH HE MAY REQUEST THE APPOINTMENT OF
COUNSEL.
"A PERSON FOR WHOM COUNSEL IS APPOINTED SHALL BE REPRESENTED AT EVERY
STAGE OF THE PROCEEDINGS FROM HIS INITIAL APPEARANCE BEFORE THE COURT
THROUGH APPEALS, INCLUDING ANCILLARY MATTERS APPROPRIATE TO THE
PROCEEDINGS. IF AT ANY TIME THE APPOINTMENT OF COUNSEL THE COURT FINDS
THAT THE PERSON IS FINANCIALLY ABLE TO OBTAIN COUNSEL OR TO MAKE PARTIAL
PAYMENT FOR THE REPRESENTATION, IT MAY TERMINATE THE APPOINTMENT OF
COUNCEL OR AUTHORIZE PAYMENT AS PROVIDED IN SECTION 2606 OF THIS
CHAPTER, AS THE INTERESTS OF JUSTICE MAY DICTATE. IF AT ANY STAGE OF
THE PROCEEDINGS, INCLUDING AN APPEAL, THE COURT FINDS THAT THE PERSON IS
FINANCIALLY UNABLE TO PAY COUNSEL WHOM HE HAD RETAINED, IT MAY APPOINT
COUNSEL AS PROVIDED IN SECTION 2602, AND AUTHORIZE PAYMENT AS PROVIDED
IN SECTION 2604, AS THE INTERESTS OF JUSTICE MAY DICTATE. THE COURT
MAY, IN THE INTEREST OF JUSTICE, SUBSTITUTE ONE APPOINTED COUNSEL FOR
ANOTHER AT ANY STAGE OF THE PROCEEDINGS.
"(A) ANY ATTORNEY APPOINTED PURSUANT TO THIS CHAPTER SHALL, AT THE
CONCLUSION OF THE REPRESENTATION OR ANY SEGMENT THEREOF, BE COMPENSATED
AT A RATE FIXED BY THE JOINT COMMITTEE ON JUDICIAL ADMINISTRATION, NOT
TO EXCEED THE HOURLY SCALE ESTABLISHED BY THE PROVISIONS OF SECTION
3006A (D) (1) OF TITLE 18, UNITED STATES CODE. SUCH ATTORNEY SHALL BE
REIMBURSED FOR EXPENSES REASONABLY INCURRED.
"(B) FOR REPRESENTATION OF A DEFENDANT BEFORE THE SUPERIOR COURT OR
BEFORE THE DISTRICT OF COLUMBIA COURT OF APPEALS, AS THE CASE MAY BE,
THE COM PENSATION TO BE PAID TO AN ATTORNEY SHALL NOT EXCEED THE MAXIMUM
AMOUNTS ESTABLISHED BY SECTION 3006A (D) (2) OF TITLE 18, UNITED STATES
CODE, IN THE CORRESPONDINGKIND OF CASE OR PROCEEDING.
"(C) CLAIMS FOR COMPENSATION AND REIMBURSEMENT IN EXCESS OF ANY
MAXIMUM AMOUNT PROVIDED IN SUBSECTION (B) OF THIS SECTION MAY BE
APPROVED FOR EXTENDED OR COMPLEX REPRESENTATION WHENEVER SUCH PAYMENT IS
NECESSARY TO PROVIDE FAIR COMPENSATION. ANY SUCH REQUEST FOR PAYMENT
SHALL BE SUBMITTED BY THE ATTORNEY FOR APPROVAL BY THE CHIEF JUDGE OF
THE SUPERIOR COURT UPON RECOMMENDATION OF THE PRESIDING JUDGE IN THE
CASE OR, IN CASES BEFORE THE DISTRICT OF COLUMBIA COURT OF APPEALS,
APPROVAL BY THE JUDGE OF THE COURT OF APPEALS UPON RECOMMENDATION OF THE
PRESIDING JUDGE IN THE CASE. A DECISION SHALL BE MADE BY THE
APPROPRIATE CHIEF JUDGE IN THE CASE OF EVERY CLAIM FILED UNDER THIS
SUBSECTION.
"(D) A SEPARATE CLAIM FOR COMPENSATION AND REIMBURSEMENT SHALL BE
MADE TO THE SUPERIOR COURT FOR REPRESENTATION BEFORE THAT COURT, AND TO
THE DISTRICT OF COLUMBIA COURT OF APPEALS FOR REPRESENTATION BEFORE THAT
COURT. EACH CLAIM SHALL BE SUPPORTED BY A SWORN WRITTEN STATEMENT
SPECIFYING THE TIME EXPENDED, SERVICES RENDERED, AND EXPENSES INCURRED
WHILE THE CASE WAS PENDING BEFORE THE COURT, AND THE COMPENSATION AND
REIMBURSEMENT APPLIED FOR OR RECEIVED IN THE SAME CASE FORM ANY OTHER
SOURCE. THE COURT SHALL FIX THE COMPENSATION AND REIMBURSEMENT TO BE
PAID TO THE ATTORNEY. IN CASES WHERE REPRESENTATION IS FURNISHED OTHER
THAN BEFORE THE SUPERIOR COURT OR THE DISTRICT OF COLUMBIA COURT OF
APPEALS, CLAIMS SHALL BE SUBMITTED TO THE SUPERIOR COURT WHICH SHALL FIX
THE COMPENSATION AND REIMBURSEMENT TO BE PAID.
"(E) FOR PURPOSES OF COMPENSATION AND OTHER PAYMENTS AUTHORIZED BY
THIS SECTION, AN ORDER BY A COURT GRANTING A NEW TRIAL SHALL BE DEEMED
TO INITIATE A NEW CASE.
"(F) IF A PERSON FOR WHOM COUNSEL IS APPOINTED UNDER THIS SECTION
APPEALS TO THE DISTRICT OF COLUMBIA COURT OF APPEALS, HE MAY DO SO
WITHOUT PREPAYMENT OF FEES AND COSTS OR SECURITY THEREFOR AND WITHOUT
FILING THE AFFIDAVIT REQUIRED BY SECTION 1915 (A) OF TITLE 28, UNITED
STATES CODE.
"(A) COUNSEL FOR A PERSON WHO IS FINANCIALLY UNABLE TO OBTAIN
INVESTIGATIVE, EXPERT, OR OTHER SERVICES NECESSARY FOR AN ADEQUATE
DEFENSE MAY REQUEST THEM IN AN EX PARTE APPLICATION. UPON FINDING,
AFTER APPROPRIATE INQUIRY IN EX PARTE PROCEEDING, THAT THE SERVICES ARE
NECESSARY AND THAT THE PERSON IS FINANCIALLY UNABLE TO OBTAIN THEM, THE
COURT SHALL AUTHORIZE COUNSEL TO OBTAIN THE SERVICES.
"(B) COUNSEL APPOINTED UNDER THIS SECTION MAY OBTAIN, SUBJECT TO
LATER REVIEW, INVESTIGATIVE, EXPERT, OR OTHER SERVICES, EXCLUDING THE
PREPARATION OF REPORTER'S TRANSCRIPT, WITHOUT PRIOR AUTHORIZATION IF
NECESSARY FOR AN ADEQUATE DEFENSE. THE TOTAL COST OF SERVICES OBTAINED
WITHOUT PRIOR AUTHORIZATION MAY NOT EXCEED $150 OR THE RATE PROVIDED BY
SECTION 3006A(E) (2) OF TITLE 18, UNITED STATES CODE, WHICHEVER IS
HIGHER, AND EXPENSES REASONABLY INCURRED.
"(C) COMPENSATION TO BE PAID TO A PERSON FOR SERVICES RENDERED BY HIM
TO A PERSON UNDER THIS SUBSECTION SHALL NOT EXCEED $300, OR THE RATE
PROVIDED BY SECTION 3006A(E) (3) OF TITLE 18, UNITED STATES CODE,
WHICHEVER IS HIGHER, EXCLUSIVE OF REIMBURSEMENT FOR EXPENSES REASONABLY
INCURRED, UNLESS PAYMENT IN EXCESS OF THAT LIMITED IS CERTIFIED BY THE
COURT, AS NECESSARY TO PROVIDE FAIR COMPENSATION FOR SERVICES OF AN
UNUSUAL CHARACTER OR DURATION, AND THE AMOUNT OF THE EXCESS PAYMENT IS
APPROVED BY THE PRESIDING JUDGE IN THE CASE.
"(A) WHENEVER THE COURT FINDS THAT FUNDS ARE AVAILABLE FOR PAYMENT
FROM OR ON BEHALF OF A PERSON FURNISHED REPRESENTATION, IT MAY AUTHORIZE
OR DIRECT THAT SUCH FUNDS BE PAID TO THE APPOINTED ATTORNEY, OR TO ANY
PERSON OR ORGANIZATION AUTHORIZED PURSUANT TO SECTION 2605 OF THIS TITLE
TO RENDER INVESTIGATIVE, EXPERT, OR OTHER SERVICES, OR TO THE COURT FOR
DEPOSIT IN THE TREASURY AS A REIMBURSEMENT TO THE APPROPRIATION, CURRENT
AT THE TIME OF PAYMENT, TO CARRY OUT THE PROVISIONS OF THIS SECTION.
EXCEPT AS SO AUTHORIZED OR DIRECTED, NO SUCH PERSON OR ORGANIZATION MAY
REQUEST OR ACCEPT ANY PAYMENT OR PROMISE OF PAYMENT FOR REPRESENTING A
DEFENDANT.
"(B) ANY PERSON COMPENSATED, OR ENTITLED TO BE COMPENSATED, FOR ANY
SERVICES RENDERED UNDER THIS CHAPTER WHO SHALL SEEK, ASK, DEMAND,
RECEIVE, OR OFFER TO RECEIVE, ANY MONEY, GOODS, OR SERVICES IN RETURN
THEREFOR FROM OR ON BEHALF OF A DEFENDANT OR RESPONDENT SHALL BE FINED
NOT MORE THAN $1,000 OR IMPRISONED NOT MORE THAN ONE YEAR, OR BOTH.
"THE JOINT COMMITTEE SHALL PREPARE AND ANNUALLY SUBMIT TO THE
COMMISSIONER OF THE DISTRICT OF COLUMBIA, IN CONFORMITY WITH SECTION
1743 OF THIS TITLE, OR TO HIS SUCCESSOR IN ACCORDANCE WITH SECTION 445
OF THE DISTRICT OF COLUMBIA SELF-GOVERNMENT AND GOVERNMENTAL
REORGANIZATION ACT, "87 STAT. 800, D.C. CODE 1 - 101 NOTE." FOR
INCLUSION IN THE ANNUAL BUDGET, ANNUAL ESTIMATES OF THE EXPENDITURES AND
APPROPRIATIONS NECESSARY FOR FURNISHING REPRESENTATION BY PRIVATE
ATTORNEYS TO PERSONS ENTITLED TO REPRESENTATION IN ACCORDANCE WITH
SECTION 2601 OF THIS TITLE.
"THERE ARE HEREBY AUTHORIZED TO BE APPROPRIATED, OUT OF ANY MONEYS IN
THE TREASURY CREDTED TO THE DISTRICT OF COLUMBIA, SUCH FUNDS AS MAY BE
NECESSARY FOR THE ADMINISTRATION OF THIS CHAPTER FOR FISCAL YEARS 1975
AND 1976. WHEN SO SPECIFIED IN APPROPRIATION ACTS, SUCH APPROPRIATIONS
SHALL REMAIN AVAILABLE UNTIL EXPENDED.
"SECTION 602(A) (4) OF THE DISTRICT OF COLUMBIA SELF-GOVERNMENT AND
GOVERNMENTAL REORGANIZATION ACT "87 STAT. 813, D.C. CODE 1 - 101 NOTE."
SHALL NOT APPLY TO THIS CHAPTER.".
SEC. 3. (A) PARAGRAPH (1) OF SECTION 3006A, TITLE 18, UNITED STATES
CODE, AMENDED, IS AMENDED TO READ:
"(1) APLICABILITY IN THE DISTRICT OF COLUMBIA.-- THE PROVISIONS OF
THIS ACT, OTHER THAN SUBSECTION (H) OF SECTION 1, SHALL APPLY IN THE
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA AND THE UNITED
STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT. THE
PROVISIONS OF THIS ACT SHALL NOT APPLY TO THE SUPERIOR COURT OF THE
DISTRICT OF COLUMBIA AND THE DISTRICT OF COLUMBIA COURT OF APPEALS.".
SEC. 4. THIS ACT SHALL TAKE EFFECT UPON THE DATE OF ITS ENACTMENT.
ANY PERSON APPOINTED ON OR AFTER JULY 1, 1974, BUT PRIOR TO THE
COMMENCING DATE OF THE PLAN REFERRED TO IN SECTION 11 - 2601 OF THE
DISTRICT OF COLUMBIA CODE "D.C. CODE 11 - 2601 NOTE." (AS ADDED BY
SECTION 2 OF THIS ACT), BY A JUDGE OF THE SUPERIOR COURT OR THE DISTRICT
OF COLUMBIA COURT OF APPEALS TO FURNISH TO ANY PERSON IN THE DISTRICT OF
COLUMBIA, WHO FINANCIALLY UNABLE TO OBTAIN ADEQUATE REPRESENTATION, THAT
REPRESENTATION AND THOSE SERVICES REFERRED TO IN SUCH SECTION 11 - 2601,
MAY BE COMPENSATED AND REIMBURSED FOR SUCH REPRESENTATION AND SERVICES
RENDERED, INCLUDING EXPENSES INCURRED THEREWITH, UPON FILING A CLAIM FOR
PAYMENT. PAYMENT SHALL NOT ALLOWED IN EXCESS OF THE AMOUNTS AUTHORIZED
IN ACCORDANCE WITH THOSE SECTIONS ADDED TO THE DISTRICT OF COLUMBIA CODE
BY SUCH SECTION 2.
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 1172 (COMM. ON THE DISTRICT OF COLUMBIA) AND
NO. 93 - 1295 (COMM. OF CONFERENCE).
SENATE REPORT: NO. 93 - 966 (COMM. ON THE DISTRICT OF COLUMBIA).
CONGRESSIONAL RECORD, VOL. 120 (1974):
JUNE 27, CONSIDERED AND PASSED SENATE.
JULY 9, CONSIDERED AND PASSED HOUSE, AMENDED.
AUG. 20, HOUSE AGREED TO CONFERENCE REPORT.
AUG. 21, SENATE AGREED TO CONFERENCE REPORT.
PUBLIC LAW 93-411, 88 STAT. 1089.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED. THAT THE AGRICULTURAL
ADJUSTMENT ACT OF 1938 "52 STAT. 31; 85 STAT. 23." IS AMENDED BY
INSERTING AFTER SECTION 319 "7 USC 1314 E." THE FOLLOWING NEW SECTION:
"SEC. 320. "7 USC 1314 F." NOTWITHSTANDING ANY OTHER PROVISION OF
LAW, BEGINNING WITH THE 1975 CROP, ANY KIND OF TOBACCO FOR WHICH
MARKETING QUOTAS ARE NOT IN EFFECT THAT IS PRODUCED IN AN AREA WHERE
PRODUCERS WHO ARE ENGAGED IN THE PRODUCTION OF A KIND OF TOBACCO
TRADITIONALLY PRODUCED IN THE AREA HAVE APPROVED MARKETING QUOTAS UNDER
THIS ACT SHALL BE SUBJECT TO THE QUOTA FOR THE KIND OF TOBACCO
TRADITIONALLY PRODUCED IN THE AREA: PROVIDED, HOWEVER, THAT THIS
SECTION SHALL NOT APPLY IN ANY CASE IN WHICH THE SECRETARY OR HIS
DESIGNEE FINDS ANY SUCH NONQUOTA TOBACCO IS READILY AND DISTINGUISHABLY
DIFFERENT FROM ANY KIND OF TOBACCO PRODUCED UNDER QUOTA, BECAUSE OF SEED
VARIETY, CULTURAL PRACTICES, METHOD OF CURING AND OTHER FACTORS
AFFECTING ITS PHYSICAL CHARATERISTICS, AS DETERMINED THROUGH THE
APPLICATION OF THE FEDERAL STANDARDS OF INSPECTION AND IDENTIFICATION OF
QUOTA TYPES AND THE TOBACCO DOES NOT POSSESS ANY OF THE DISTINGUISHABLE
CHARACTERISTICS OF A QUOTA TYPE. IF MARKETING QUOTAS ARE IN EFFECT FOR
MORE THAN ONE KIND OF TOBACCO IN AN AREA, ANY NONQUOTA TOBACCO PRODUCED
IN THE AREA SHALL BE SUBJECT TO QUOTAS FOR THE KIND OF TOBACCO
TRADITIONALLY PRODUCED IN THE AREA HAVING THE HIGHEST PRICE SUPPORT
UNDER THE AGRICULTURAL ACT OF 1949." "63 STAT. 1051, 7 USC 1421 NOTE."
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1131 (COMM. ON AGRICULTURE).
SENATE REPORT NO 93 - 1106 (COMM. ON AGRICULTURE AND FORESTRY).
CONGRESSIONAL RECORD, VOL. 120 (1974):
JULY 22, CONSIDERED AND PASSED HOUSE.
AUG. 21, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-410, 88 STAT 1079, GEOTHERMAL ENERGY RESEARCH,
DEVELOPMENT, AND DEMONSTRATION ACT OF 1974.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED,
SHORT TITLE "30 USC 1101 NOTE."
SECTION 1. THIS ACT MAY BE CITED AS THE "GEOTHERMAL ENERGY RESEARCH,
DEVELOPMENT, AND DEMONSTRATION ACT OF 1974".
FINDINGS "30 USC 1101."
SEC. 2. THE CONGRESS HEREBY FINDS THAT--,
(1) THE NATION IS CURRENTLY SUFFERING A CRITICAL SHORTAGE OF
ENVIRONMENTALLY ACCEPTABLE FORMS OF ENERGY;
(2) THE ENADEQUATE ORGANIZATIONAL STRUCTURES AND LEVELS OF
FUNDING FOR ENERGY RESEARCH HAVE LIMITED THE NATION'S CURRENT AND
FUTURE OPTIONS FOR MEETING ENERGY NEEDS;
(3) ELECTRIC ENERGY IS A CLEAN AND CONVENIENT FORM OF ENERGY AT
THE LOCATION OF ITS USE AND IS THE ONLY PRACTICABLE FORM OF ENERGY
IN SOME MODERN APPLICATIONS, BUT THE DEMAND FOR ELECTRIC ENERGY IN
EVERY REGION OF THE UNITED STATES IS TAXING ALL OF THE ALTERNATIVE
ENERGY SOURCES PRESENTLY AVAILABLE AND IS PROJECTED TO INCREASE;
SOME OF THE SOURCES AVAILABLE FOR ELECTRIC POWER GENERATION ARE
ALREADY IN SHORT SUPPLY, AND THE DEVELOPMENT AND USE OF OTHER
SOURCES PRESENTLY INVOLVE UNDESIRABLE ENVIRONMENTAL IMPACTS;
(4) THE NATION'S CRITICAL ENERGY PROBLEMS CAN BE SOLVED ONLY IF
A NATIONAL COMMITMENT IS MADE TO DEDICATE THE NECESSARY FINANCIAL
RESOURCES, AND ENLIST THE COOPERATION OF THE PRIVATE AND PUBLIC
SECTORS, IN DEVELOPING GEOTHERMAL RESOURCES AND OTHER
NONCONVENTIONAL SOURCES OF ENERGY;
(5) THE CONVENTIONAL GEOTHERMAL RESOURCES WHICH ARE PRESENTLY
BEING USED HAVE LIMITED TOTAL POTENTIAL; BUT GEOTHERMAL RESOURCES
WHICH ARE DIFFERENT FROM THOSE PRESENTLY BEING USED, AND WHICH
HAVE EXTREMELY LARGE ENERGY CONTENT, ARE KNOWN TO EXIST;
(6) SOME GEOTHERMAL RESOURCES CONTAIN ENERGY IN FORMS OTHER
THAN HEAT; EXAMP LES ARE METHANE AND EXTREMELY HIGH PRESSURES
AVAILABLE UPON RELEASE AS KINETIC ENERGY;
(7) SOME GEOTHERMAL RESOURCES CONTAIN VALUABLE BYPRODUCTS SUCH
AS POTABLE WATER AND MINERAL COMPOUNDS WHICH SHOULD BE PROCESSED
AND RECOVERED AS NATIONAL RESOURCES;
(8) TECHNOLOGIES ARE NOT PRESENTLY AVAILABLE FOR THE
DEVELOPMENT OF MOST OF THESE GEOTHERMAL RESOURCES, BUT
TECHNOLOGIES FOR THE GENERATION OF ELECTRIC ENERGY FROM GEOTHERMAL
RESOURCES ARE POTENTIALLY ECONOMICAL AND ENVIRONMENTALLY
DESIRABLE, AND THE DEVELOPMENT OF GEOTHERMAL RESOURCES OFFERS
POSSIBILITIES OF PROCESS ENERGY AND OTHER NONELECTRIC
APPLICATIONS;
(9) MUCH OF THE KNOWN GEOTHERMAL RESOURCES EXIST ON THE PUBLIC
LANDS;
(10) FEDERAL FINANCIAL ASSISTANCE IS NECESSARY TO ENCOURAGE THE
EXTENSIVE EXPLORATION, RESEARCH, AND DEVELOPMENT IN GEOTHERMAL
RESOURCES WHICH WILL BRING THESE TECHNOLOGIES TO THE POINT OF
COMMERCIAL APPLICATION;
(11) THE ADVANCEMENT OF TECHNOLOGY WITH THE COOPERATION OF
PRIVATE INDUSTRY FOR THE PRODUCTION OF USEFUL FORMS OF ENERGY FROM
GEOTHERMAL RESOURCES IS IMPORTANT WITH RESPECT TO THE FEDERAL
RESPONSIBILITY FOR THE GENERAL WELFARE, TO FACILITATE COMMERCE, TO
ENCOURAGE PRODUCTIVE HARMONY BETWEEN MAN AND HIS ENVIRONMENT, AND
TO PROTECT THE PUBLIC INTEREST; AND
(12) THE FEDERAL GOVERNMENT SHOULD ENCOURAGE AND ASSIST PRIVATE
INDUSTRY THROUGH FEDERAL ASSISTANCE FOR THE DEVELOPMENT AND
DEMONSTRATION OF PRACTICABLE MEANS TO PRODUCE USEFUL ENERGY FROM
GEOTHERMAL RESOURCES WITH ENVIRONMENTALLY ACCEPTABLE PROCESSES.
DEFINITIONS "30 USC 1102."
SEC. 3. FOR THE PURPOSES OF THIS ACT--,
(1) THE TERM "GEOTHERMAL RESOURCES" MEANS (A) ALL PRODUCTS OF
GEOTHERMAL PROCESSES, EMBRACING INDIGENOUS STEAM, HOT WATER, AND
BRINES, (B) STEAM AND OTHER GASES, HOT WATER AND HOT BRINES,
RESULTING FROM WATER, GAS, OR OTHER FLUIDS ARTIFICIALLY INTRODUCED
INTO GEOTHERMAL FORMATIONS, AND (C) ANY BYPRODUCT DERIVED FROM
THEM;
(2) THE TERM "BYPRODUCT" MEANS ANY MINERAL OR MINERALS WHICH
ARE FOUND IN SOLUTION OR IN ASSOCIATION WITH GEOTHERMAL RESOURCES
AND WHICH HAVE A VALUE OF LESS THAN 75 PERCENT OF THE VALUE OF THE
GEOTHERMAL STEAM AND ASSOCIATED GEOTHERMAL RESOURCES OR ARE NOT,
BECAUSE OF QUANTITY, QUALITY, OR TECHNICAL DIFFICULTIES IN
EXTRACTION AND PRODUCTION, OF SUFFICIENT VALUE TO WARRANT
EXTRACTION AND PRODUCTION BY THEMSELVES;
(3) "PILOT PLANT" MEANS AN EXPERIMENTAL UNIT OF SMALL SIZE USED
FOR EARLY EVALUATION AND DEVELOPMENT OF NEW OR IMPROVED PROCESSES
AND TO OBTAIN TECHNICAL, ENGINEERING, AND COST DATA;
(4) "DEMONSTRATION PLANT" MEANS A COMPLETE FACILITY WHICH
PRODUCES ELECTRICITY, HEAT ENERGY, OR USEFUL BYPRODUCTS FOR
COMMERCIAL DISPOSAL FROM GEOTHERMAL RESOURCES AND WHICH WILL MAKE
A SIGNIFICANT CONTRIBUTION TO THE KNOWLEDGE OF FULL-SIZE
TECHNOLOGY, PLANT OPERATION, AND PROCESS ECONOMICS;
(5) THE TERM "PROJECT" MEANS THE GEOTHERMAL ENERGY COORDINATION
AND MANAGEMENT PROJECT ESTABLISHED BY SECTION 101 (A);
(6) THE TERM "FUND" MEANS THE GEOTHERMAL RESOURCES DEVELOPMENT
FUND ESTABLISHED BY SECTION 204(A); AND
(7) THE TERM "CHAIRMAN" MEANS THE CHAIRMAN OF THE PROJECT.
ESTABLISHMENT "30 USC 1121."
SEC. 101. (A) THERE IS HEREBY ESTABLISHED THE GEOTHERMAL ENERGY
COORDINATION AND MANAGEMENT PROJECT.
(B) (1) THE PROJECT SHALL BE COMPOSED OF SIX MEMBERS AS FOLLOWS:
(A) ONE APPOINTED BY THE PRESIDENT;
(B) AN ASSISTANT DIRECTOR OF THE NATIONAL SCIENCE
FOUNDATION;
(C) AN ASSISTANT SECRETARY OF THE DEPARTMENT OF THE
INTERIOR;
(D) AN ASSOCIATE ADMINISTRATOR OF THE NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION;
(E) THE GENERAL MANAGER OF THE ATOMIC ENERGY COMMISSION; AND
(F) AN ASSISTANT ADMINISTRATOR OF THE FEDERAL ENERGY
ADMINISTRATION.
(2) THE PRESIDENT SHALL DESIGNATE ONE MEMBER OF THE PROJECT TO SERVE
AS CHAIRMAN OF THE PROJECT.
(3) IF THE INDIVIDUAL APPOINTED UNDER PARAGRAPH (1) (A) IS AN OFFICER
OR EMPLOYEE OF THE FEDERAL GOVERNMENT, HE SHALL RECEIVE NO ADDITIONAL
PAY ON ACCOUNT OF HIS SERVICE AS A MEMBER OF THE PROJECT. IF SUCH
INDIVIDUAL IS NOT AN OFFICER OR EMPLOYEE OF THE FEDERAL GOVERNMENT, HE
SHALL BE ENTITLED TO RECEIVE THE DAILY EQUIVALENT OF THE ANNUAL RATE OF
BASIC PAY IN EFFECT FOR LEVEL IV OF THE EXECUTIVE SCHEDULE (5 U.S.C.
5315) "80 STAT. 461; 83 STAT. 863." FOR EACH DAY (INCLUDING TRAVELTIME)
DURING WHICH HE IS ENGAGED IN THE ACTUAL PERFORMANCE OF DUTIES VESTED IN
THE PROJECT.
(C) THE PROJECT SHALL HAVE OVERALL RESPONSIBILITY FOR THE PROVISIO OF
EFFECTIVE MANAGEMENT AND COORDINATION WITH RESPECT TO A NATIONAL
GEOTHERMAL ENERGY RESEARCH, DEVELOPMENT, AND DEMONSTRATION PROGRAM.
SUCH PROGRAM SHALL INCLUDE--,
(1) THE DETERMINATION AND EVALUATION OF THE RESOURCE BASE;
(2) RESEARCH AND DEVELOPMENT WITH RESPECT TO EXPLORATION,
EXTRACTION, AND UTILIZATION TECHNOLOGIES;
(3) THE DEMONSTRATION OF APPROPRIATE TECHNOLOGIES; AND
(4) THE LOAN GUARANTY PROGRAM UNDER TITLE II.
(D) (1) THE PROJECT SHALL CARRY OUT ITS RESPONSIBILITIES UNDER THIS
SECTION ACTING THROUGH THE FOLLOWING FEDERAL AGENCIES:
(A) THE DEPARTMENT OF THE INTERIOR, THE RESPONSIBILITIES OF
WHICH SHALL INCLUDE EVALUATION AND ASSESSMENT OF THE RESOURCE
BASE, INCLUDING DEVELOPMENT OF EXPLORATION TECHNOLOGIES;
(B) THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, THE
RESPONSIBILITIES OF WHICH SHALL INCLUDE THE PROVISION OF CONTRACT
MANAGEMENT CAPABILITY, EVALUATION AND ASSESSMENT OF THE RESOURCE
BASE, AND THE DEVELOPMENT OF TECHNOLOGIES PURSUANT TO SECTION
102(B);
(C) THE ATOMIC ENERGY COMMISSION, THE RESPONSIBILITIES OF WHICH
SHALL INCLUDE THE DEVELOPMENT OF TECHNOLOGIES; AND
(D) THE NATIONAL SCIENCE FOUNDATION, THE RESPONSIBILITIES OF
WHICH SHALL INCLUDE BASIC AND APPLIED RESEARCH.
(2) UPON REQUEST OF THE PROJECT, THE HEAD OF ANY SUCH ENERGY IS
AUTHORIZED TO DETAIL OR ASSIGN, ON A REIMBURSABLE BASIS OR OTHERWISE,
ANY OF THE PERSONNEL OF SUCH AGENCY TO THE PROJECT TO ASSIST IT IN
CARRYING OUT ITS RESPONSIBILITIES UNDER THIS ACT.
(E) THE PROJECT SHALL HAVE EXCLUSIVE AUTHORITY WITH RESPECT TO THE
ESTABLISHMENT OR APPROVAL OF PROGRAMS OR PROJECTS INITIATED UNDER THIS
ACT, EXCEPT THAT THE AGENCY INVOLVED IN ANY PARTICULAR PROGRAM OR
PROJECT SHALL BE RESPONSIBLE FOR THE OPERATION AND ADMINISTRATION OF
SUCH PROGRAM OR PROJECT.
PROGRAM DEFINITION "30 USC 1122."
SEC. 102. (A) (1) THE CHAIRMAN, ACTING THROUGH THE ADMINISTRATOR OF
THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, IS AUTHORIZED AND
DIRECTED TO PREPARE A COMPREHENSIVE PROGRAM DEFINITION OF AN INTERGRATED
EFFORT AND COMMITMENT FOR EFFECTIVELY DEVELOPING GEOTHERMAL ENERGY
RESOURCES. SUCH ADMINISTRATOR, IN PREPARING SUCH COMPREHENSIVE PROGRAM
DEFINITION, IS AUTHORIZED TO CONSULT WITH OTHER FEDERAL AGENCIES AND
NON-FEDERAL ENTITIES.
(2) THE CHAIRMAN SHALL TRANSMIT SUCH COMPREHENSIVE PROGRAM DEFINITION
TO THE PRESIDENT AND TO EACH HOUSE OF THE CONGRESS. INTERIM REPORTS
SHALL BE TRANSMITTED NOT LATER THAN NOVEMBER 30, 1974, AND NOT LATER
THAN JANUARY 31, 1975. SUCH COMPREHENSIVE PROGRAM DEFINITION SHALL BE
TRANSMITTED AS SOON AS POSSIBLE THEREAFTER, BUT IN ANY CASE NOT LATER
THAN AUGUST 31, 1975.
(3) AS PART OF THE COMPREHENSIVE PROGRAM DEFINITION REQUIRED BY
PARAGRAPH (1), THE CHAIRMAN, ACTING THROUGH THE GEOLOGICAL SURVEY, SHALL
TRANSMIT TO THE PRESIDENT AND TO EACH HOUSE OF THE CONGRESS A SCHEDULE
AND OBJECTIVES FOR THE INVENTORYING OF GEOTHERMAL RESOURCES.
(B) THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION IS AUTHORIZED
TO UNDERTAKE AND CARRY OUT THOSE PROGRAMS ASSIGNED TO IT BY THE PROJECT.
RESOURCE INVENTORY AND ASSESSMENT PROGRAM "30 USC 1123."
SEC. 103. (A) THE CHAIRMAN SHALL INITIATE A RESOURCE INVENTORY AND
ASSESSMENT PROGRAM WITH THE OBJECTIVE OFMAKING REGIONAL AND NATIONAL
APPRAISALS OF ALL TYPES OF GEOTHERMAL RESOURCES, INCLUDING
IDENTIFICATION OF PROMISING TARGET AREAS FOR INDUSTRIAL EXPLORATION AND
DEVELOPMENT. THE SPECIFIC GOALS SHALL INCLUDE--,
(1) THE IMPROVEMENT OF GEOPHYSICAL, GEOCHEMICAL, GEOLOGICAL,
AND HYDROLOGICAL TECHNIQUES NECESSARY FO LOCATING AND EVALUATING
GEOTHERMAL RESOURCES;
(2) THE DEVELOPMENT OF BETTER METHODS FOR PREDICTING THE POWER
POTENTIAL AND LONGEVITY OF GEOTHERMAL RESERVOIRS;
(3) THE DETERMINATION AND ASSESSMENT OF THE NATURE AND POWER
POTENTIAL OF THE DEEPER ENEXPLORED PARTS OF HIGH TEMPERATURE
GEOTHERMAL CONVECTION SYSTEMS; AND
(4) THE SURVEY AND ASSESSMENT OF REGIONAL AND NATIONAL
GEOTHERMAL RESOURCES OF ALL TYPES.
(B) THE CHAIRMAN, ACTING THROUGH THE GEOLOGICAL SURVEY AND OTHER
APPROPRIATE AGENCIES, SHALL--,
(1) DEVELOP AND CARRY OUT A GENERAL PLAN FOR THE ORDERLY
INVENTORYING OF ALL FORMS OF GEOTHERMAL RESOURCES OF THE FEDERAL
LANDS AND, WHERE CONSISTENT WITH PROPERTY RIGHTS AND DETERMINED BY
THE CHAIRMAN TO BE IN THE NATIONAL INTEREST, OF NON-FEDERAL LANDS;
(2) CONDUCT REGIONAL SURVEYS, BASED UPON SUCH A GENERAL PLAN,
USING INNOVATIVE GEOLOGICAL, GEOPHYSICAL, GEOCHEMICAL, AND
STATAGRAPHIC DRILLING TECHNIQUES, WHICH WILL LEAD TO A NATIONAL
INVENTORY OF GEOTHERMAL RESOURCES IN THE UNITED STATES;
(3) PUBLISH AND MAKE AVAILABLE MAPS, REPORTS, AND OTHER
DOCUMENTS DEVELOPED FROM SUCH SURVEYS TO ENCOURAGE AND FACILITATE
THE COMMERCIAL DEVELOPMENT OF GEOTHERMAL RESOURCES FOR BENEFICIAL
USE AND CONSISTENT WITH THE NATIONAL INTEREST;
(4) MAKE SUCH RECOMMENDATIONS FOR LEGISLATION AS MAY FROM TIME
TO TIME APPEAR TO BE NECESSARY TO MAKE FEDERAL LEASING POLICY FOR
GEOTHERMAL RESOURCES CONSISTENT WITH KNOWN INVENTORIES OF VARIOUS
RESOURCE TYPES, WITH THE CURRENT STATE OF TECHNOLIGIES FOR
GEOTHERMAL ENERGY DEVELOPMENT, AND WITH CURRENT EVALUATIONS OF THE
ENVIRONMENTAL IMPACTS OF SUCH DEVELOPMENT; AND
(5) PARTICIPATE WITH APPROPRIATE FEDERAL AGENCIES AND
NON-FEDERAL ENTITIES IN RESEARCH TO DEVELOP, IMPROVE, AND TEST
TECHNOLOGIES FOR THE DESCOVERY AND EVALUATION OF ALL FORMS OF
GEOTHERMAL RESOURCES, AND CONDUCT RESEARCH INTO THE PRINCIPLES
CONTROLLING THE LOCATION, OCCURRENCE, SIZE, TEMPERATURE, ENERGY
CONTENT, PRODUCIBILITY, AND ECONOMIC LIFETIMES OF GEOTHERMAL
RESERVOIRS.
RESEARCH AND DEVELOPMENT "30 USC 1124."
SEC. 104. (A) THE CHAIRMAN, ACTING THROUGH THE APPROPRIATE FEDERAL
AGENCIES AND IN COOPERATION WITH NON-FEDERAL ENTITIES, SHALL INITIATE A
RESEARCH AND DEVELOPMENT PROGRAM FOR THE PURPOSE OF RESOLVING ALL MAJOR
TECHNICAL PROBLEMS INHIBITING THE FULLEST POSSIBLE COMMERCIAL
UTILIZATION OF GEOTHERMAL RESOURCES IN THE UNITED STATES. THE SPECIFIC
GOALS OF SUCH PROGRAMS SHALL INCLUDE--,
(1) THE DEVELOPMENT OF EFFECTIVE AND EFFICIENT DRILLING METHODS
TO OPERATE AT HIGH TEMPERATURES IN FORMATIONS OF GEOTHERMAL
INTEREST;
(2) THE DEVELOPMENT OF RELIABLEPREDICTIVE METHODS AND CONTROL
TECHNIQUES FOR THE PRODUCTION OF GEOTHERMAL RESOURCES FROM
RESERVOIRS;
(3) THE EXPLOITATION OF NEW CONCEPTS FOR FRACTURING ROCK TO
PERMIT RECOVERY OF CONTAINED HEAT RESERVES;
(4) THE IMPROVEMENT OF EQUIPMENT AND TECHNOLOGY FOR THE
EXTRACTION OF GEOTHERMAL RESOURCES FROM RESERVOIRS;
(5) THE DEVELOPMENT OF IMPROVED METHODS FOR CONVERTING
GEOTHERMAL RESOURCES AND BYPRODUCTS TO USEFUL FORMS;
(6) THE DEVELOPMENT OF IMPROVED METHODS FOR CONTROLLING
EMISSIONS AND WASTES FROM GEOTHERMAL UTILIAZTION FACILITIES,
INCLUDING NEW MONITORING METHODS TO ANY EXTENT NECESSARY;
(7) THE DEVELOPMENT AND EVALUATION OF WASTE DISPOSAL CONTROL
TECHNOLOGIES AND THE EVALUATION OF SURFACE AND SUBSURFACE
ENVIRONMENTAL EFFECTS OF GEOTHERMAL DEVELOPMENT;
(8) THE IMPROVEMENTS OF THE TECHNICAL CAPABILITY TO PREDICT
ENVIRONMENTAL IMPACTS RESULTING FROM THE DEVELOPMENT OF GEOTHERMAL
RESOURCES, THE PREPARATION OF ENVIRONMENTAL IMPACT STATEMENTS, AND
THE ASSURING THE COMPLIANCE WITH APPLICABLE STANDARDS AND
CRITERIA;
(9) THE IDENTIFICATION OF SOCIAL, LEGAL, AND ECONOMIC PROBLEMS
ASSOCIATED WITH GEOTHERMAL DEVELOPMENT (BOTH LOCALLY AND
REGIONALLY) FOR THE PURPOSE OF DEVELOPING POLICY AND PROVIDING A
FRAMEWORK OF POLICY ALTERNATIVES FOR THE COMMERCIAL UTILIZATION OF
GEOTHERMAL RESOURCES;
(10) THE PROVISION FOR AN ADEQUATE SUPPLY OF SCIENTISTS TO
PERFORM REQUIRED GEOTHERMAL RESEARCH AND DEVELOPMENT ACTIVITIES;
AND
(11) THE ESTABLISHMENT OF A PROGRAM TO ENCOURAGE STATES TO
ESTABLISH AND MAINTAIN GEOTHERMAL RESOURCES CLEARINHOUSES, WHICH
SHALL SERVE TO (A) PROVIDE GEOTHERMAL RESOURCES DEVELOPERS WITH
INFORMATION WITH RESPECT TO APPLICABLE LOCAL, STATE, AND FEDERAL
LAWS, RULES, AND REGULATIONS, (B) COORDINATE THE PROCESSING OF
PERMIT APPLICATIONS, IMPACT STATEMENTS, AND OTHER INFORMATION
WHICH GEOTHERMAL RESOURCES DEVELOPERS ARE REQUIRED TO PROVIDE, (C)
ENCOURAGE UNIFORMITY WITH RESPECT TO LOCAL AND STATE LAWS, RULES,
AND REGULATIONS WITH RESPECT TO GEOTHERMAL RESOURCES DEVELOPMENT,
AND (D) ENCOURAGE ESTABLISHMENT OF LAND USE PLANS, WHICH WOULD
INCLUDE ZONING FOR GEOTHERMAL RESOURCES DEVELOPMENT AND WHICH
WOULD ASSURE THAT GEOTHERMAL RESOURCES DEVELOPERS WILL BE ABLE TO
CARRY OUT DEVELOPMENT PROGRAMS TO THE PRODUCTION STAGE.
(B) THE CHAIRMAN, ACTING THROUGH THE APPROPRIATE FEDERAL AGENCIES AND
IN COOPERATION WITH NON-FEDERAL ENTITIES, SHALL IMPLEMENT A COORDINATED
PROGRAM OF RESEARCH AND DEVELOPMENT IN ORDER TO DEMONSTRATE THE
TECHNICAL MEANS FOR THE EXTRACTION AND UTILIZATION OF THE RESOURCE BASE,
INCLUDING ANY BYPRODUCTS OF SUCH BASE, AND IN ORDER TO ACCOMPLISH THE
GOALS ESTABLISHED BY SUBSECTION (A). RESEARCH AUTHORIZED BY THIS ACT
HAVING POTENTIAL APPLICATIONS IN MATTERS OTHER THAN GEOTHERMAL ENERGY
MAY BE PURSUED TO THE EXTENT THAT THE FINDINGS OF SUCH RESEARCH CAN BE
PUBLISHED IN A FORM FOR UTILIZATION BY OTHERS.
DEMONSTRATION "30 USC 1125."
SEC. 105. (A) THE CHAIRMAN, ACTING THROUGH THE APPROPRIATE FEDERAL
AGENCIES AND IN COOPERATION WITH NON-FEDERAL ENTITIES, SHALL INITIATE A
PROGRAM TO DESIGN AND CONSTRUCT GEOTHERMAL DEMONSTRATION PLANTS. THE
SPECIFIC GOALS OF SUCH PROGRAM SHALL INCLUDE--,
(1) THE DEVELOPMENT OF ECONOMICAL GEOTHERMAL RESOURCES
PRODUCTION SYSTEMS AND COMPONENTS WHICH MEET ENVIRONMENTAL
STANDARDS;
(2) THE DESIGN OF PLANTS TO PRODUCE ELECTRIC POWER AND, WHERE
APPROPRIATE, THE LARGE-SCALE PRODUCTION AND UTILIZATION OF ANY
USEFUL BYPRODUCTS;
(3) THE INVOLVEMENT OF ENGINEERS, ANALYSTS, TECHNICIANS, AND
MANAGERS FROM INDUSTRY FIELD AND POWERPLANT DEVELOPMENT, WHICH
SHALL LEAD TO THE EARLY INDUSTRIAL EXPLOITATION OF ADVANCED
GEOTHERMAL RESOURCES;
(4) THE PROVISION FOR AN ADEQUATE SUPPLY OF TRAINED GEOTHERMAL
ENGINEERS AND TECHNICIANS;
(5) THE PROVISION OF EXPERIMENTAL TEST BEDS FOR COMPONENT
TESTING AN EVALUATION BY LABORATORIES OPERATED BY THE FEDERAL
GOVERNMENT, INDUSTRY, OR INSTITUTIONS OF HIGHER EDUCATION;
(6) THE CONSTRUCTION AND OPERATION OF PILOT PLANTS; AND
(7) THE CONSTRUCTION AND OPERATION OF DEMONSTRATION PLANTS.
(B) IN CARRYING OUT HIS RESPONSIBILITIES UNDER THIS SECTION, THE
CHAIRMAN, ACTING THROUGH THE APPROPRIATE FEDERAL AGENCIES, AND IN
COOPERATION WITH NON-FEDERAL ENTITIES, MAY PROVIDE FOR THE ESTABLISHMENT
OF ONE OR MORE DEMONSTRATION PROJECTS UTILIZING EACH GEOTHERMAL RESOURCE
BASE INVOLVED, WHICH SHALL INCLUDE, AS APPROPRIATE, ALL OF THE
EXPLORATION, SITING, DRILLING, PILOT PLANT CONSTRUCTION AND OPERATION,
DEMONSTRATION PLANT CONSTRUCTION AND OPERATION, AND OTHER FACILITIES AND
ACTIVITIES WHICH MAY BE NECESSARY FOR THE GENERATION OF ELECTRIC ENERGY
AND THE UTILIZATION OF GEOTHERMALRESOURCE BYPRODUCTS.
(C) THE CHAIRMAN, ACTING THROUGH THE APPROPRIATE FEDERAL AGENCIES, IS
AUTHORIZED TO INVESTIGATE AND ENTER INTO AGREEMENTS FOR THE COOPERATIVE
DEVELOPMENT OF FACILITIES TO DEMONSTRATE THE PRODUCTION OF ENERGY FROM
GEOTHERMAL RESOURCES. THE RESPONSIBLE FEDERAL AGENCY MAY CONSIDER--,
(1) COOPERATIVE AGREEMENTS WITH UTILITIES AND NON-FEDERAL
GOVERNMENTAL ENTITIES FOR CONSTRUCTION OF FACILITIES TO PRODUCE
ENERGY FOR COMMERCIAL DISPOSITION; AND
(2) COOPERATIVE AGREEMENTS WITH OTHER FEDERAL AGENCIES FOR THE
CONSTRUCTION AND OPERATION OF FACILITIES TO PRODUCE ENERGY FOR
DIRECT FEDERAL CONSUMPTION.
(D) THE RESPONSIBLE FEDERAL AGENCY IS AUTHORIZED TO INVESTIGATE THE
FEASIBILITY OF, CONSTRUCT, AND OPERATE, DEMONSTRATION PROJECTS WITHOUT
ENTERING INTO COOPERATIVE AGREEMENTS WITH RESPECT TO SUCH PROJECTS, THE
THE CHAIRMAN FINDS THAT--,
(1) THE NATURE OF THE RESOURCE, THE GEOGRAPHICAL LOCATION, THE
SCALE AND ENGINEERING DESIGN OF THE FACILITIES, THE TECHNIQUES OF
PRODUCTION, OR ANY OTHER SIGNIFICANT FACTOR OF THE PROPOSAL OFFERS
OPPORTUNITIES TO MAKE IMPORTANT CONTRIBUTIONS TO THE GENERAL
KNOWLEDGE OF GEOTHERMAL RESOURCES, THE TECHNIQUES OF ITS
DEVELOPMENT, OR PUBLIC CONFIDENCE IN THE TECHNOLOGY; AND
(2) THERE IS NO OPPORTUNITY FOR COOPERATIVE AGREEMENTS WITH ANY
UTILITY OR NON-FEDERAL GOVERNMENTAL ENTITY WILLING AND ABLE TO
COOPERATE IN THE DEMONSTRATION PROJECT UNDER SUBSECTION (C) (1),
AND THERE IS NO OPPORTUNITY FOR COOPERATIVE AGREEMENTS WITH OTHER
AGENCIES UNDER SUBSECTION (C) (2).
(E) BEFORE FAVORABLY CONSIDERING PROPOSALS UNDER SUBSECTION (C), THE
RESPONSIBLE FEDERAL AGENCY MUST FIND THAT--,
(1) THE NATURE OF THE RESOURCE, THE GEOGRAPHICAL LOCATION, THE
SCALE AND ENGINEERING DESIGN OF THE FACILITIES, THE TECHNIQUES OF
PRODUCTION, OR ANY OTHER SIGNIFICANT FACTOR OF THE PROPOSAL OFFERS
OPPORTUNITIES TO MAKE IMPORTANT CONTRIBUTIONS TO THE GENERAL
KNOWLEDGE OF GEOTHERMAL RESOURCES, THE TECHNIQUES OF ITS
DEVELOPMENT, OR PUBLIC CONFIDENCE IN THE TECHNOLOGY;
(2) THE DEVELOPMENT OF THE PRACTICAL BENEFITS AS SET FORTH IN
PARAGRAPH (1) ARE UNLIKELY TO BE ACCOMPLISHED WITHOUT SUCH
COOPERATIVE DEVELOPMENT; AND
(3) WHERE NON-FEDERAL PARTICIPANTS ARE INVOLVED, THE PROPOSAL
IS NOT ELIGIBLE FOR ADEQUATE FEDERAL ASSISTANCE UNDER THE LOAN
GUARANTY PROVISIONS OF TITLE II OF THIS ACT.
(F) IF THE ESTIMATE OF THE FEDERAL INVESTMENT WITH RESPECT TO
CONSTRUCTION AND OPERATION COSTS OF ANY DEMONSTRATION PROJECT PROPOSED
TO BE ESTABLISHED UNDER THIS SECTION EXCEEDS $10,000,000, NO AMOUNT MAY
BE APPROPRIATED FOR SUCH PROJECT EXCEPT AS SPECIFICALLY AUTHORIZED BY
LEGISLATION HEREAFTER ENACTED BY THE CONGRESS.
(G) (1) AT THE CONCLUSION OF THE PROGRAM UNDER THIS SECTION OR AS
SOON THEREAFTER AS MAY BE PRACTICABLE, THE RESPONSIBLE FEDERAL AGENCIES
SHALL, BY SALE, LEASE, OR OTHERWISE, DISPOSE OF ALL FEDERAL PROPERTY
INTERESTS WHICH THEY HAVE ACQUIRED PURSUANT TO THIS SECTION (INCLUDING
MINERAL RIGHTS) IN ACCORDANCE WITH EXISTING LAW AND THE TERMS OF THE
COOPERATIVE AGREEMENTS INVOLVED.
(2) THE AGENCY INVOLVED SHALL, UNDER APPROPRIATE AGREEMENTS OR OTHER
ARRANGEMENTS, PROVIDE FOR THE DISPOSITION OF GEOTHERMAL RESOURCE
BYPRODUCTS OF THE PROJECT ADMINISTERED BY SUCH AGENCY.
SCIENTIFIC AND TECHNICAL EDUCATION "30 USC 1126."
SEC. 106. (A) IT IS THE POLICY OF THE CONGRESS TO ENCOURAGE THE
DEVELOPMENT AND MAINTENANCE OF PROGRAMS THROUGH WHICH THERE MAY BE
PROVIDED THE NECESSARY TRAINED PERSONNEL TO PERFORM REQUIRED GEOTHERMAL
RESEARCH, DEVELOPMENT, AND DEMONSTRATION ACTIVITIES UNDER SECTIONS 103,
104, AND 105.
(B) THE NATIONAL SCIENCE FOUNDATION IS AUTHORIZED TO SUPPORT PROGRAMS
OF EDUCATION IN THE SCIENCES AND ENGINEERING TO CARRY OUT THE POLICY OF
SUBSECTION (A). SUCH SUPPORT MAY INCLUDE FELLOWSHIPS, TRAINEESHIPS,
TECHNICAL TRAINING PROGRAMS, TECHNOLOGIST TRAINING PROGRAMS, AND SUMMER
INSTITUTE PROGRAMS.
(C) THE NATIONAL SCIENCE FOUNDATION IS AUTHORIZED AND DIRECTED TO
COORDINATE ITS ACTIONS, TO THE MAXIMUM EXTENT PRACTICABLE, WITH THE
PROJECT OR ANY PERMANENT FEDERAL ORGANIZATION OR AGENCY HAVING
JURISDICTION OVER THE ENERGY RESEARCH AND DEVELOPMENT FUNCTIONS OF THE
UNITED STATES, IN DETERMINING THE OPTIMAL SELECTION OF PROGRAMS OF
EDUCATION TO CARRY OUT THE POLICY OF SUBSECTION (A).
(D) THE NATIONAL SCIENCE FOUNDATION IS AUTHORIZED TO ENCOURAGE, TO
THE MAXIMUM EXTENT PRACTICABLE INTERNATIONAL PARTICIPATION AND
COOPERATION IN THE DEVELOPMENT AND MAINTENANCE OF PROGRAMS OF EDUCATION
TO CARRYING OUT THE POLICY OF SUBSECTION (A).
ESTABLISHMENT OF LOAN GUARANTY PROGRAM "30 USC 1141."
SEC. 201. (A) IT IS THE POLICY OF THE CONGRESS TO ENCOURAGE AND
ASSIST IN THE COMMERCIAL DEVELOPMENT OF PRACTICABLE MEANS TO PRODUCE
USEFUL ENERGY FROM GEOTHERMAL RESOURCES WITH ENVIRONMENTALLY ACCEPTABLE
PROCESSES. ACCORDINGLY, IT IS THE POLICY OF THE CONGRESS TO FACILITATE
SUCH COMMERCIAL DEVELOPMENT BY AUTHORIZING THE CHAIRMAN OF THE PROJECT
TO DESIGNATE AN APPROPRIATE FEDERAL AGENCY TO GUARANTEE LOANS FOR SUCH
PURPOSES.
(B) IN ORDER TO ENCOURAGE THE COMMERCIAL PRODUCTION OF ENERGY FROM
GEOTHERMAL RESOURCES, THE HEAD OF THE DESIGNATED AGENCY IS AUTHORIZED
TO, IN CONSULTATION WITH THE SECRETARY OF THE TREASURY, GUARANTEE, AND
TO ENTER INTO COMMITMENTSTO GUARANTEE, LENDERS AGAINST LOSS OF PRINCIPLE
OR INTEREST ON LOANS MADE BY SUCH LENDERS TO QUALIFIED BORROWERS FOR THE
PURPOSES OF--,
(1) THE DETERMINATION AND EVALUATION OF THE RESOURCE BASE;
(2) RESEARCH AND DEVELOPMENT WITH RESPECT TO EXTRACTION AND
UTILIZATION TECHNOLOGIES;
(3) ACQUIRING RIGHTS IN GEOTHERMAL RESOURCES; OR
(4) DEVELOPMENT, CONSTRUCTION, AND OPERATION OF FACILITIES FOR
THE DEMONSTRATION OR COMMERCIAL PRODUCTION OF ENERGY FROM
GEOTHERMAL RESOURCES.
(C) ANY GUARANTY UNDER THIS TITLE SHALL APPLY ONLY TO SO MUCH OF THE
PRINCIPLE AMOUNT OF ANY LOAN AS DOES NOT EXCEED 75 PERCENT OF THE
AGGREGATE COST OF THE PROJECT WITH RESPECT TO WHICH THE LOAN IS MADE.
(D) LOAN GUARANTIES UNDER THIS TITLE SHALL BE ON SUCH TERMS AND
CONDITIONS AS THE HEAD OF THE DESIGNATED AGENCY DETERMINES, EXCEPT THAT
A GUARANTY SHALL BE MADE UNDER THIS TITLE ONLY IF--,
(1) THE LOAN BEARS INTEREST AT A RATE NOT TO EXCEED SUCH ANNUAL
PERCENTUM ON THE PRINCIPLE OBLIGATION OUTSTANDING AS THE HEAD OF
THE DESIGNATED AGENCY DETERMINES TO BE REASONABLE, TAKING INTO
ACCOUNT THE RANGE OF INTEREST RATES PREVAILING IN THE PRIVATE
SECTOR FOR SIMILAR LOANS AND RISKS BY THE UNITED STATES;
(2) THE TERMS OF SUCH LOAN REQUIRE FULL REPAYMENT OVER A PERIOD
NOT TO EXCEED THIRTY YEARS, OR THE USEFUL LIFE OF ANY PHYSICAL
ASSET TO BE FINANCED BY SUCH LOAN, WHICHEVER IS LESS (AS
DETERMINED BY THE HEAD OF THE DESIGNATED AGENCY);
(3) IN THE JUDGMENT OF THE HEAD OF THE DESIGNATED AGENCY, THE
AMOUNT OF THE LOAN (WHEN COMBINED WITH AMOUNTS AVAILABLE TO THE
QUALIFIED BORROWER FROM OTHER SOURCES) WILL BE SUFFICIENT TO CARRY
OUT THE PROJECT; AND
(4) IN THE JUDGMENT OF THE HEAD OF THE DESIGNATED AGENCY, THERE
IS REASONABLE ASSURANCE OF REPAYMENT OF THE LOAN BY THE QUALIFIED
BORROWER OF THE GUARANTEED INDEBTEDNESS.
(E) THE AMOUNT OF THE GUARANTY FOR ANY LOAN FOR A PROJECT SHALL NOT
EXCEED $25,000,000, AND THE AMOUNT OF THE GUARANTY FOR ANY COMBINATION
OF LOANS FOR ANY SINGLE QUALIFIED BORROWER SHALL NOT EXCEED $50,000,000.
(F) AS USED IN THIS TITLE, THE TERM "QUALIFIED BORROWER" MEANS ANY
PUBLIC OR PRIVATE AGENCY, INSTITUTION, ASSOCIATION, PARTNERSHIP,
CORPORATION, POLITICAL SUBDIVISION, OR OTHER LEGAL ENTITY WHICH (AS
DETERMINED BY THE HEAD OF THE DESIGNATED AGENCY) HAS PRESENTED
SATISFACTORY EVIDENCE OF AN INTEREST IN GEOTHERMAL RESOURCES AND IS
CAPABLE OF PERFORMING RESEARCH OR COMPLETING THE DEVELOPMENT AND
PRODUCTION OF ENERGY IN AN ACCEPTABLE MANNER.
PAYMENT OF INTEREST "30 USC 1142."
SEC. 202. (A) WITH RESPECT TO ANY LOAN GUARANTEED PURSUANT TO THIS
TITLE, THE HEAD OF THE DESIGNATED AGENCY IS AUTHORIZED TO ENTER INTO A
CONTRACT TO PAY, AND TO PAY, THE LENDER FOR AND ON BEHALF OF THE
BORROWER THE INTEREST CHARGES WHICH BECOME DUE AND PAYABLE ON THE UNPAID
BALANCE OF ANY SUCH LOAN IF THE HEAD OF THE DESIGNATED AGENCY FINDS--,
(1) THE THE BORROWER IS UNABLE TO MEET INTEREST CHARGES, AND
THAT IT IS IN THE PUBLIC INTEREST TO PERMIT THE BORROWER TO
CONTINUE TO PURSUE THE PURPOSES OF HIS PROJECT, AND THAT THE
PROBABLE NET COST TO THE FEDERAL GOVERNMENT IN PAYING SUCH
INTEREST WILL BE LESS THAN THAT WHICH WOULD RESULT IN THE EVENT OF
A DEFAULT; AND
(2) THE AMOUNT OF SUCH INTEREST CHARGES WHICH THE HEAD OF THE
DESIGNATED AGENCY IS AUTHORIZED TO PAY SHALL BE NO GREATER THAN
THE AMOUNT OF INTEREST WHICH THE BORROWER IS OBLIGATED TO PAY
UNDER THE LOAN AGREEMENT.
(B) IN THE EVENT OF ANY DEFAULT BY A QUALIFIED BORROWER ON A
GUARANTEED LOAN, THE HEAD OF THE DESIGNATED AGENCY IS AUTHORIZED TO MAKE
PAYMENT IN ACCORDANCE WITH THE GUARANTY, AND THE ATTORNEY GENERAL SHALL
TAKE SUCH ACTION AS MAY BE APPROPRIATE TO RECOVER THE AMOUNTS OF SUCH
PAYMENTS (INCLUDING ANY PAYMENT OF INTEREST UNDER SUBSECTION (A)) FROM
SUCH ASSETS OF THE DEFAULTING BORROWER AS ARE ASSOCIATED WITH THE
PROJECT, OR FROM ANY OTHER SURETY INCLUDED IN THE TERMS OF THE GUARANTY.
PERIOD OF GUARANTIES AND INTEREST ASSISTANCE "30 USC 1143."
SEC. 203. NO LOAN GUARANTIES SHALL BE MADE, OR INTEREST ASSISTANCE
CONTRACT ENTERED INTO, PURSUANT TO THIS TITLE, AFTER THE EXPIRATION OF
THE TEN-CALENDAR-YEAR PERIOD FOLLOWING THE DATE OF ENACTMENT OF THIS
ACT.
GEOTHERMAL RESOURCES DEVELOPMENT FUND "30 USC 1144."
SEC. 204. (A) THERE IS ESTABLISHED IN THE TREASURY OF THE UNITED
STATES A GEOTHERMAL RESOURCES DEVELOPMENT FUND, WHICH SHALL BE AVAILABLE
TO THE HEAD OF THE DESIGNATED AGENCY FOR CARRYING OUT THE LOAN GUARANTY
AND INTEREST ASSISTANCE PROGRAM AUTHORIZED BY THIS TITLE, INCLUDING THE
PAYMENT OF ADMINISTRATIVE EXPENSES INCURRED IN CONNECTION THEREWITH.
MONEYS IN THE FUND NOT NEEDED FOR CURRENT OPERATIONS MAY, WITH THE
APPROVAL OF THE SECRETARY OF THE TREASURY, BE INVESTED IN BONDS OR OTHER
OBLIGATIONS OF, OR GUARANTEED BY, THE UNITED STATES.
(B) THERE SHALL BE PAID INTO THE FUNDTHE AMOUNTS APPROPRIATED
PURSUANT TO SECTION 304(C) AND SUCH AMOUNTS AS MAY BE RETURNED TO THE
UNITED STATES PURSUANT TO SECTION 202(B), AND THE AMOUNTS IN THE FUND
SHALL REMAIN AVAILABLE UNTIL EXPENDED, EXCEPT THAT AFTER THE EXPIRATION
OF THE TEN-YEAR PERIOD ESTABLISHED BY SECTION 203, SUCH AMOUNTS IN THE
FUND WHICH ARE NOT REQUIRED TO SECURE OUTSTANDING GUARANTY OBLIGATIONS
SHALL BE PAID INTO THE GENERAL FUND OF THE TREASURY.
(C) BUSINESS-TYPE FINANCIAL REPORTS COVERING THE OPERATIONS OF THE
FUND SHALL BE SUBMITTED TO THE CONGRESS BY THE HEAD OF THE DESIGNATED
AGENCY ANNUALLY UPON THE COMPLETION OF AN APPROPRIATE ACCOUNTING PERIOD.
PROTECTION OF ENVIRONMENT "30 USC 1161."
SEC. 301. IN THE CONDUCT OF ITS ACTIVITIES, THE PROJECT AND ANY
PARTICIPATING PUBLIC OR PRIVATE PERSONS OR AGENCIES SHALL PLACE
PARTICULAR EMPHASIS UPON THE OBJECTIVE OF ASSURING THAT THE ENVIRONMENT
AND THE SAFETY OF PERSONS OR PROPERTY ARE EFFECTIVELY PROTECTED; AND
THE PROGRAM UNDER TITLE I SHALL INCLUDE SUCH SPECIAL RESEARCH AND
DEVELOPMENT AS MAY BE NECESSARY FOR THE ACHIEVEMENT OF THAT OBJECTIVE.
REPORTING REQUIREMENTS "30 USC 1162."
SEC. 302. (A) THE CHAIRMAN OF THE PROJECT SHALL SUBMIT TO THE
PRESIDENT AND THE CONGRESS FULL AND COMPLETE ANNUAL REPORTS OF THE
ACTIVITIES OF THE PROJECT, INCLUDING SUCH PROJECTIONS AND ESTIMATES AS
MAY BE NECESSARY TO EVALUATE THE PROGRESS OF THE NATIONAL GEOTHERMAL
ENERGY RESEARCH, DEVELOPMENT, AND DEMONSTRATION PROGRAM AND TO PROVIDE
THE BASIS FOR AS ACCURATE A JUDGMENT AS IS POSSIBLE CONCERNING THE
EXTENT TO WHICH THE OBJECTIVES OF THIS ACT WILL HAVE BEEN ACHIEVED BY
JUNE 30, 1980.
(B) NO LATER THAN ONE YEAR AFTER THE TERMINATION OF EACH
DEMONSTRATION PROJECT UNDER SECTION 105, THE CHAIRMAN OF THE PROJECT
SHALL SUBMIT TO THE PRESIDENT AND THE CONGRESS A FINAL REPORT ON THE
ACTIVITIES OF THE PROJECT RELATED TO EACH PROJECT, INCLUDING HIS
RECOMMENDATIONS WITH RESPECT TO ANY FURTHER LEGISLATIVE, ADMINISTRATIVE,
AND OTHER ACTIONS WHICH SHOULD BE TAKEN IN SUPPORT OF THE OBJECTIVES OF
THIS ACT.
TRANSFER ON FUNCTIONS "30 USC 1163."
SEC. 303. (A) WITHIN SIXTY DAYS AFTER THE EFFECTIVE DATE OF THE LAW
CREATING A PERMANENT FEDERAL ORGANIZATIONS OR AGENCY HAVING JURISDICTION
OVER THE ENERGY RESEARCH AND DEVELOPMENTFUNCTIONS OF THE UNITED STATES
(OR WITHIN SIXTY DAYS AFTER THE DATE OF THE ENACTMENT OF THIS ACT IF THE
EFFECTIVE DATE OF SUCH LAW OCCURS PRIOR TO THE DATE OF THE ENACTMENT OF
THIS ACT), ALL OF THE RESEARCH, DEVELOPMENT, AND DEMONSTRATION FUNCTIONS
(INCLUDING THE LOAN GUARANTY PROGRAM) VESTED IN THE PROJECT UNDER THIS
ACT, ALONG WITH RELATED RECORDS, DOCUMENTS, PERSONNEL, OBLIGATIONS, AND
OTHER ITEMS TO THE EXTENT NECESSARY OR APPROPRIATE, SHALL, IN ACCORDANCE
WITH REGULATIONS PRESCRIBED BY THE OFFICE OF MANAGEMENT AND BUDGET, BE
TRANSFERRED TO AND VESTED IN SUCH ORGANIZATION OR AGENCY.
(B) UPON THE ESTABLISHMENT OF A PERMANENT FEDERAL ORGANIZATION OR
AGENCY HAVING JURISDICTION OVER THE ENERGY RESEARCH AND DEVELOPMENT
FUNCTIONS OF THE UNITED STATES, AND WHEN ALL RESEARCH AND DEVELOPMENT
(AND OTHER) FUNCTIONS OF THE PROJECT ARE TRANSFERRED, THE MEMBERS OF THE
PROJECT MAY PROVIDE ADVICE AND COUNSEL TO THE HEAD OF SUCH ORGANIZATION
OR AGENCY, IN ACCORDANCE WITH ARRANGEMENTS MADE AT THAT TIME.
SEC. 304. (A) FOR THE FISCAL YEARS ENDING JUNE 30, 1976, AND
SEPTEMBER 30, 1977, 1978, 1979, AND 1980, ONLY SUCH SUMS MAY BE
APPROPRIATED AS THE CONGRESS MAY HEREAFTER AUTHORIZE BY LAW.
(B) THERE ARE AUTHORIZED TO BE APPROPRIATED TO THE NATIONAL
AERONAUTICS AND SPACE ADMINISTRATION NOT TO EXCEED $2,500,000 FOR THE
FISCAL YEAR ENDING JUNE 30, 1975, FOR THE PURPOSE OF PREPARING THE
PROGRAM DEFINITION UNDER SECTION 102(A).
(C) IN ADDITION TO SUMS AUTHORIZED TO BE APPROPRIATED BY SUBSECTION
(B), THERE ARE AUTHORIZED TO BE APPROPRIATED OT THE FUND NOT TO EXCEED
$50,000,000 ANNUALLY, SUCH SUMS TO CARRY OUT THE PROVISIONS OF THE LOAN
GUARANTY PROGRAM BY THE PROJECT UNDER TITLE II.
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 1112 (COMM. ON SCIENCE AND ASTRONAUTICS) AND
NO. 93 - 1301 (COMM. OF CONFERENCE).
SENATE REPORT: NO. 93 - 849 ACCOMPANYING S. 2465 (COMM. ON INTERIOR
AND INSULAR AFFAIRS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
JULY 10, CONSIDERED AND PASSED HOUSE.
JULY 11, CONSIDERED AND PASSED SENATE, AMENDED, IN LIEU OF S.
2465.
AUG. 20, SENATE AGREED TO CONFERENCE REPORT.
AUG. 21, HOUSE AGREED TO CONFERENCE REPORT.
PUBLIC LAW 93-409, 88 STAT. 1069 SOLAR HEATING AND COOLING
DEMONSTRATION 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 "SOLAR HEATING AND COOLING DEMONSTRATION ACT OF 1974". "42
USC 5501 NOTE."
FINDINGS AND POLICY "42 USC 5501."
SEC. 2. (A) THE CONGRESS HEREBY FINDS THAT--,
(1) THE CURRENT IMBALANCE BETWEEN SUPPLY AND-DEMAND FOR FUELS
AND ENERGY IS LIKELY TO PERSIST FOR SOMETIME;
(2) THE EARLY DEMONSTRATION OF THE FEASIBILITY OF USING SOLAR
ENERGY FOR THE HEATING AND COOLING OF BUILDINGS COULD HELP TO
RELIEVE THE DEMAND UPON PRESENT FUEL AND ENERGY SUPPLIES;
(3) THE TECHNOLOGIES FOR SOLAR HEATING ARE CLOSE TO THE POINT
OF COMMERCIAL APPLICATION IN THE UNITED STATES;
(4) THE TECHNOLOGIES FOR COMBINED SOLAR HEATING AND COOLING
STILL REQUIRE RESEARCH, DEVELOPMENT, TESTING AND DEMONSTRATION,
BUT NO INSOLUBLE TECHNICAL PROBLEM IS NOW FORESEEN IN ACHIEVING
COMMERCIAL USE OF SUCH TECHNOLOGIES;
(5) THE EARLY DEVELOPMENT AND EXPORT OF VIABLE SOLAR HEATING
EQUIPMENT AND COMBINED SOLAR HEATING AND COOLING EQUIPMENT,
CONSISTENT WITH THE ESTABLISHED PREEMINENCE OF THE UNITED STATES
IN THE FIELD OF HIGH TECHNOLOGY PRODUCTS, CAN MAKE A VALUABLE
CONTRIBUTION TO OUR BALANCE OF TRADE;
(6) THE WIDESPREAD USE OF SOLAR ENERGY IN PLACE OF CONVENTIONAL
METHODS FOR THE HEATING AND COOLING OF BUILDINGS WOULD HAVE A
SIGNIFICANTLY BENEFICIAL EFFECT UPON THE ENVIRONMENT;
(7) THE MASS PRODUCTION AND USE OF SOLAR HEATING AND COOLING
EQUIPMENT WILL HELP TO ELIMINATE THE DEPENDENCE OF THE UNITED
STATES UPON FOREIGN ENERGY SOURCES AND PROMOTE THE NATIONAL
DEFENSE;
(8) THE WIDESPREAD INTRODUCTION OF LOW-COST SOLAR ENERGY WILL
BE BENEFICIAL TO CONSUMERS IN A PERIOD OF RAPIDLY RISING FUEL
COST;
(9) INNOVATION AND CREATIVITY IN THE DEVELOPMENT OF SOLAR
HEATING AND COMBINED SOLAR HEATING AND COOLING COMPONENTS AND
SYSTEMS CAN BE FOSTERED THROUGH ENCOURAGING DIRECT CONTACT BETWEEN
THE MANUFACTURERS OF SUCH SYSTEMS AND THE ARCHITECTS, ENGINEERS,
DEVELOPERS, CONTRACTORS, AND OTHER PERSONS INTERESTED IN
INSTALLING SUCH SYSTEMS IN BUILDINGS;
(10) EVALUATION OF THE PERFORMANCE AND RELIABILITY OF SOLAR
HEATING AND COMBINED SOLAR HEATING AND COOLING TECHNOLOGIES CAN BE
EXPEDITED BY TESTING UNDER CAREFULLY CONTROLLED CONDITIONS; AND
(11) COMMERCIAL APPLICATION OF SOLAR HEATING AND COMBINED SOLAR
HEATING AND COOLING TECHNOLOGIES CAN BE EXPEDITED BY EARLY
COMMERCIAL DEMONSTRATION UNDER PRACTICAL CONDITIONS.
(B) IT IS THEREFORE DECLARED TO BE THE POLICY OF THE UNITED STATES
AND THE PURPOSE OF THIS ACT TO PROVIDE FOR THE DEMONSTRATION WITHIN A
THREE-YEAR PERIOD OF THE PRACTICAL USE OF SOLAR HEATING TECHNOLOGY, AND
TO PROVIDE FOR THE DEVELOPMENT AND DEMONSTRATION WITHIN A FIVE-YEAR
PERIOD OF THE PRACTICAL USE OF COMBINED HEATING AND COOLING TECHNOLOGY.
SEC. 3. PURPOSES OF THIS ACT--,
(1) THE TERM "SOLAR HEATING", WITH RESPECT TO ANY BUILDING,
MEANS THE USE OF SOLAR ENERGY TO MEET SUCH PORTION OF THE TOTAL
HEATING NEEDS OF SUCH BUILDING (INCLUDING HOT WATER), OR SUCH
PORTION OF THE NEEDS OF SUCH BUILDING FOR HOT WATER (WHERE ITS
REMAINING HEATING NEEDS ARE MET BY OTHER METHODS), AS MAY BE
REQUIRED UNDER PERFORMANCE CRITERIA PRESCRIBED BY THE SECRETARY OF
HOUSING AND URBAN DEVELOPMENT UTILIZING THE SERVICES OF THE
DIRECTOR OF THE NATIONAL BUREAU OF STANDARDS, AND IN CONSULTATION
WITH THE DIRECTOR OF THE NATIONAL SCIENCE FOUNDATION, AND THE
ADMINISTRATOR OF THE NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION;
(2) THE TERMS "SOLAR HEATING AND COOLING" AND "COMBINED SOLAR
HEATING AND COOLING", WITH RESPECT TO ANY BUILDING, MEAN THE USE
OF SOLAR ENERGY TO PROVIDE BOTH SUCH PORTION OF THE TOTAL HEATING
NEEDS OF SUCH BUILDING (INCLUDING HOT WATER) AND SUCH PORTION OF
THE TOTAL COOLING NEEDS OF SUCH BUILDING, OR SUCH PORTION OF THE
NEEDS OF SUCH BUILDING FOR HOT WATER (WHERE ITS REMAINING HEATING
NEEDS ARE MET BY OTHER METHODS) AND SUCH PORTION OF THE TOTAL
COOLING NEEDS OF A BUILDING, AS MAY BE REQUIRED UNDER PERFORMANCE
CRITERIA PRESCRIBED BY THE SECRETARY OF HOUSING AND URBAN
DEVELOPMENT UTILIZING THE SERVICES OF THE DIRECTOR OF THE NATIONAL
BUREAU OF STANDARDS, AND IN CONSULTATION WITH THE DIRECTOR OF THE
NATIONAL SCIENCE FOUNDATION, AND THE ADMINISTRATOR OF THE NATIONAL
AERONAUTICS AND SPACE ADMINISTRATION, AND SUCH TERM INCLUDES
COOLING BY MEANS OF NOCTURNAL HEAT RADIATION, BY EVAPORATION, OR
BY OTHER METHODS OF MEETING PEAKLOAD ENERGY REQUIREMENTS AT
NONPEAKLOAD TIMES;
(3) THE TERM "RESIDENTIAL DWELLINGS" INCLUDES PREVIOUSLY
OCCUPIED AND NEW SINGLE FAMILY AND MULTIFAMILY DWELLINGS, MOBILE
HOMES, AND PUBLICLY ASSISTED HOUSING OWNED BY A PRIVATE SPONSOR OR
A STATE OR LOCAL HOUSING AUTHORITY NOT COVERED BY SECTION 17;
(4) THE TERM "ADMINISTRATOR" MEANS THE ADMINISTRATOR OF THE
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION;
(5) THE TERM "SECRETARY" MEANS THE SECRETARY OF HOUSING AND
URBAN DEVELOPMENT; AND
(6) THE TERM "DIRECTOR" MEANS THE DIRECTOR OF THE NATIONAL
SCIENCE FOUNDATION.
CONDUCT OF ACTIVITIES IN SOLAR HEATING AND COOLING TECHNOLOGIES
BY NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
SEC. 4. SECTION 203 OF THE NATIONAL AERONAUTICS AND SPACE ACT OF
1958 (42 U.S.C. 2473) "72 STAT. 429." IS AMENDED BY REDESIGNATING
SUBSECTION (B) AS SUBSECTION (C), AND BY INSERTING IMMEDIATELY AFTER
SUBSECTION (A) THE FOLLOWING NEW SUBSECTION:
"(B) THE ADMINISTRATION SHALL INITIATE, SUPPORT, AND CARRY OUT SUCH
RESEARCH, DEVELOPMENT, DEMONSTRATIONS, AND OTHER RELATED ACTIVITIES IN
SOLAR HEATING AND COOLING TECHNOLOGIES (TO THE EXTENT THAT FUNDS ARE
APPROPIATED THEREFOR) AS ARE PROVIDED FOR IN SECTIONS 5,6, AND 9 OF THE
SOLAR HEATING AND COOLING DEMONSTRATION ACT OF 1974.".
DEVELOPMENT AND DEMONSTRATION OF SOLAR HEATING SYSTEMS TO BE
USED IN RESIDENTIAL DWELLINGS "42 USC 5503."
SEC. 5. (A) THE ADMINISTRATOR AND THE SECRETARY SHALL PROMPTLY
INITIATE AND CARRY OUT A PROGRAM, AS PROVIDED IN THIS SECTION, FOR THE
DEVELOPMENT AND DEMONSTRATION OF SOLAR HEATING SYSTEMS (INCLUDING
COLLECTORS, CONTROLS, AND THERMAL STORAGE) FOR USE IN RESIDENTIAL
DWELLINGS.
(B) (1) WITHIN 120 DAYS AFTER THE DATE OF THE ENACTMENT OF THIS ACT,
THE SECRETARY, UTILIZING THE SERVICES OF THE DIRECTOR OF THE NATIONAL
BUREAU OF STANDARDS AND IN CONSULTATION WITH THE ADMINISTRATOR AND THE
DIRECTOR, SHALL DETERMINE, PRESCRIBE, AND PUBLISH--,
(A) INTERIM PERFORMANCE CRITERIA FOR SOLAR HEATING COMPONENTS
AND SYSTEMS TO BE USED IN RESIDENTIAL DWELLINGS, AND
(B) INTERIM PERFORMANCE CRITERIA (RELATING TO SUITABILITY FOR
SOLAR HEATING) FOR SUCH DWELLINGS THEMSELVES,
TAKING INTO ACCOUNT IN EACH INSTANCE CLIMATIC VARIATIONS EXISTING
BETWEEN DIFFERENT GEOGRAPHIC AREAS.
(2) AS SOON AS POSSIBLE AFTER THE PUBLICATION OF THE PERFORMANCE
CRITERIA PRESCRIBED UNDER PARAGRAPH (1), THE SECRETARY, IN CONSULTATION
WITH THE DIRECTOR OF THE NATIONAL BUREAU OF STANDARDS AND THE
ADMINISTRATOR, WILL SELECT ON THE BASIS OF OPEN COMPETITION A NUMBER OF
DESIGNS FOR VARIOUS TYPES OF RESIDENTIAL DWELLINGS SUITABLE FOR AND
ADAPTED TO THE INSTALLATION OF SOLAR HEATING SYSTEMS MEETING THE
PERFORMANCE CRITERIA PRESCRIBED UNDER PARAGRAPH (1) (A).
(C) THE ADMINISTRATOR, IN ACCORDANCE WITH THE APPLICABLE PROVISIONS
OF TITLE II OF THE NATIONAL AERONAUTICS AND SPACE ACT OF 1958 "72 STAT.
427, 42 USC 2471 ET SEQ." AND UNDER PROGRAM GUIDELINES ESTABLISHED
JOINTLY BY THE ADMINISTRATOR AND THE SECRETARY, SHALL, AFTER
CONSULTATION WITH THE SECRETARY--
(1) ENTER INTO SUCH CONTRACTS AND GRANTS AS MAY BE NECESSARY OR
APPROPRIATE FOR THE DEVELOPMENT (FOR COMMERCIAL PRODUCTION AND
RESIDENTIAL USE) OF SOLAR HEATING SYSTEMS MEETING THE PERFORMANCE
CRITERIA PRESCRIBED UNDER SUBSECTION (B) (1) (A) (INCLUDING ANY
FURTHER PLANNING AND DESIGN WHICH MAY BE REQUIRED TO CONFORM WITH
THE SPECIFICATIONS SET FORTH IN SUCH CRITERIA); AND
(2) ENTER INTO CONTRACTS WITH A NUMBER OF PERSONS OR FIRMS FOR
THE PROCUREMENT OF SOLAR HEATING COMPONENTS AND SYSTEMS MEETING
SUCH PERFORMANCE CRITERIA (INCLUDING ADEQUATE NUMBERS OF SPARE AND
REPLACEMENT PARTS FOR SUCH SYSTEMS).
(D) THE SECRETARY SHALL (1) ARRANGE FOR THE INSTALLATION OF SOLAR
HEATING SYSTEMS PROCURED BY THE ADMINISTRATOR UNDER SUBSECTION (C) (2)
IN A SUBSTANTIAL NUMBER OF RESIDENTIAL DWELLINGS AND (2) PROVIDE FOR THE
SATISFACTORY OPERATION OF SUCH INSTALLATIONS DURING THE DEMONSTRATION
PERIOD. TITLE TO AND OWNERSHIP OF ANY DWELLINGS CONSTRUCTED HEREUNDER
AND OF SOLAR HEATING SYSTEMS INSTALLED HEREUNDER MAY BE CONVEYED TO
PURCHASERS OR OWNERS OF SUCH DWELLINGS UNDER TERMS AND CONDITIONS
PRESCRIBED BY THE SECRETARY, INCLUDING AN EXPRESS AGREEMENT THAT ANY
SUCH PURCHASER OR OWNER SHALL, IN SUCH MANNER AND FORM AND ON SUCH TERMS
AND CONDITIONS AS THE SECRETARY MAY PRESCRIBE, OBSERVE AND MONITOR (OR
PERMIT THE SECRETARY TO OBSERVE AND MONITOR) THE PERFORMANCE AND
OPERATION OF SUCH SYSTEM FOR A PERIOD OF FIVE YEARS, AND THAT SUCH
PURCHASER OR OWNER (INCLUDING ANY SUBSEQUENT OWNER AND OCCUPANT OF THE
PROPERTY WHO ALSO MAKES SUCH AN AGREEMENT) SHALL REGULARLY FURNISH THE
SECRETARY WITH SUCH REPORTS THEREON AS THE AGREEMENT MAY REQUIRE.
(E) THE SECRETARY OF DEFENSE SHALL ARRANGE FOR THE INSTALLATION OF
SOLAR HEATING SYSTEMS PROCURED BY THE ADMINISTRATOR UNDER SUBSECTION (C)
(2) IN A SUBSTANTIAL NUMBER OF RESIDENTIAL DWELLINGS WHICH ARE LOCATED
ON FEDERAL OR FEDERALLY ADMINISTERED PROPERTY WHERE THE PERFORMANCE AND
OPERATION OF SUCH SYSTEMS CAN BE REGULARLY AND EFFECTIVELY OBSERVED AND
MONITORED BY DESIGNATED FEDERAL PERSONNEL.
(F) THE SECRETARY AND THE SECRETARY OF DEFENSE, AND OFFICIALS
RESPONSIBLE FOR ADMINISTERING FEDERAL OF FEDERALLY ADMINISTERED
PROPERTY, SHALL COORDINATE THEIR ACTIVITIES UNDER THIS SECTION TO ASSURE
THAT SOLAR HEATING SYSTEMS ARE INSTALLED IN A SUBSTANTIAL NUMBER OF
RESIDENTIAL DWELLINGS AND IN A SUFFICIENT NUMBER OF DIFFERENT GEOGRAPHIC
AREAS UNDER VARYING CLIMATIC CONDITIONS TO CONSTITUTE A REALISTIC AND
EFFECTIVE DEMONSTRATION IN SUPPORT OF THE OBJECTIVES OF THIS ACT.
DEVELOPMENT AND DEMONSTRATION OF COMBINED SOLAR HEATING AND
COOLING SYSTEMS TO BE USED IN RESIDENTIAL DWELLINGS "42 USC 5504."
SEC. 6. (A) THE ADMINISTRATOR AND THE SECRETARY SHALL PROMPTLY
INITIATE AND CARRY OUT A PROGRAM, AS PROVIDED IN THIS SECTION, FOR THE
DEVELOPMENT AND DEMONSTRATION OF COMBINED SOLAR HEATING AND COOLING
SYSTEMS (INCLUDING COLLECTORS, CONTROLS, AND THERMAL STORAGE) FOR USE IN
RESIDENTIAL DWELLINGS.
(B) (1) AS SOON AS POSSIBLE AFTER THE DATE OF THE ENACTMENT OF THIS
ACT, THE SECRETARY, UTILIZING THE SERVICES OF THE DIRECTOR OF THE
NATIONAL BUREAU OF STANDARDS AND IN CONSULTATION WITH THE ADMINISTRATOR
AND THE DIRECTOR, SHALL DETERMINE, PRESCRIBE, AND PUBLISH--,
(A) INTERIM PERFORMANCE CRITERIA FOR COMBINED SOLAR HEATING AND
COOLING COMPONENTS AND SYSTEMS TO BE USED IN RESIDENTIAL
DWELLINGS, AND
(B) INTERIM PERFORMANCE CRITERIA (RELATING TO SUITABILITY FOR
SOLAR HEATING AND COOLING) FOR SUCH DWELLINGS THEMSELVES,
TAKING INTO ACCOUNT IN EACH INSTANCE CLIMATIC VARIATIONS EXISTING
BETWEEN DIFFERENT GEOGRAPHIC AREAS.
(2) AS SOON AS POSSIBLE AFTER THE PUBLICATION OF THE PERFORMANCE
CRITERIA PRESCRIBED UNDER PARAGRAPH (1) (AND IF POSSIBLE BEFORE THE
COMPLETION OF THE RESEARCH AND DEVELOPMENT PROVIDED FOR IN SUBSECTION
(C)), THE SECRETARY, IN CONSULTATION WITH THE DIRECTOR OF THE NATIONAL
BUREAU OF STANDARDS AND THE ADMINISTRATOR, WILL SELECT ON THE BASIS OF
OPEN COMPETITION A NUMBER OF DESIGNS FOR VARIOUS TYPES OF RESIDENTIAL
DWELLINGS SUITABLE FOR AND ADAPTED TO THE INSTALLATION OF COMBINED SOLAR
HEATING AND COOLING SYSTEMS MEETING THE PERFORMANCE CRITERIA PRESCRIBED
UNDER PARAGRAPH (1) (A).
(C) DURING THE PERIOD IMMEDIATELY FOLLOWING THE PUBLICATION OF
PERFORMANCE CRITERIA UNDER SUBSECTION (B) (1), THE ADMINISTRATOR, IN
COORDINATION WITH THE DIRECTOR, SHALL UNDERTAKE AND CONDUCT WITH RESPECT
TO SOLAR HEATING AND COOLING A PROGRAM OF RESEARCH, DEVELOPMENT, AND
TESTING DESIGNED TO PROVIDE THE ADDITIONAL TECHNOLOGICAL RESOURCES
NECESSARY FOR THE DEVELOPMENT AND COMMERCIAL APPLICATION OF COMBINED
SOLAR HEATING AND COOLING SYSTEMS AS COMTEMPLATED BY THE PROGRAM UNDER
THIS SECTION.
(D) THE ADMINISTRATOR, IN ACCORDANCE WITH THE APPLICABLE PROVISIONS
OF TITLE II OF THE NATIONAL AERONAUTICS AND SPACE ACT OF 1958 "72 STAT.
427, 42 USC 2471 ET SEQ." AND UNDER PROGRAM GUIDELINES ESTABLISHED
JOINTLY BY THE ADMINISTRATOR AND THE SECRETARY, AND AT THE EARLIEST
POSSIBLE TIME DURING OR IMMEDIATELY AFTER THE PERIOD SPECIFIED IN
SUBSECTION(C), SHALL, AFTER CONSULTATION WITH THE SECRETARY--,
(1) ENTER INTO SUCH CONTRACTS AND GRANTS AS MAY BE NECESSARY OR
APPROPRIATE FOR THE DEVELOPMENT (FOR COMMERCIAL PRODUCTION AND
RESIDENTIAL USE) OF COMBINED SOLAR HEATING AND COOLING SYSTEMS
MEETING THE PERFORMANCE CRITERIA PRESCRIBED UNDER SUBSECTION (B)
(1) (A) (INCLUDING ANY FURTHER PLANNING AND DESIGN WHICH MAY BE
REQUIRED TO CONFORM WITH THE SPECIFICATIONS SET FORTH IN SUCH
CRITERIA OR TO REFLECT THE RESULTS OF THE ACTIVITIES CONDUCTED
UNDER SUBSECTION (C)); AND
(2) ENTER INTO CONTRACTS WITH A NUMBER OF PERSONS OR FIRMS FOR
THE PROCUREMENT OF COMBINED SOLAR HEATING AND COOLING SYSTEMS
MEETING SUCH PERFORMANCE CRITERIA (INCLUDING ADEQUATE NUMBERS OF
SPARE AND REPLACEMENT PARTS FOR SUCH SYSTEMS).
(E) THE SECRETARY SHALL (1) ARRANGE FOR THE INSTALLATION OF COMBINED
SOLAR HEATING AND COOLING SYSTEMS PROCURED BY THE ADMINISTRATOR UNDER
SUBSECTION (D) (2) IN A SUBSTANTIAL NUMBER OF RESIDENTIAL DWELLINGS AND
(2) PROVIDE FOR THE SATISFACTORY OPERATION OF SUCH INSTALLATIONS DURING
THE DEMONSTRATION PERIOD. TITLE TO AND OWNERSHIP OF ANY DWELLINGS
CONSTRUCTED HEREUNDER AND OF COMBINED SOLAR HEATING AND COOLING SYSTEMS
INSTALLED HEREUNDER MAY BE CONVEYED TO PURCHASERS OR OWNERS OF SUCH
DWELLINGS UNDER TERMS AND CONDITIONS PRESCRIBED BY THE SECRETARY,
INCLUDING AN EXPRESS AGREEMENT THAT ANY SUCH PURCHASER OR OWNER SHALL,
IN SUCH MANNER AND FORM AND ON SUCH TERMS AND CONDITIONS AS THE
SECRETARY MAY PRESCRIBE, OBSERVE AND MONITOR (OR PERMIT THE SECRETARY TO
OBSERVE AND MONITOR) THE PERFORMANCE AND OPERATION OF SUCH SYSTEM FOR A
PERIOD OF FIVE YEARS, AND THAT SUCH PURCHASER OR OWNER (INCLUDING ANY
SUBSEQUENT OWNER AND OCCUPANT OF THE PROPERTY WHO ALSO MAKES SUCH AN
AGREEMENT) SHALL REGULARLY FURNISH THE SECRETARY WITH SUCH REPORTS
THEREON AS THE AGREEMENT MAY REQUIRE.
(F) THE SECRETARY OF DEFENSE SHALL ARRANGE FOR THE INSTALLATION OF
COMBINED SOLAR HEATING AND COOLING SYSTEMS PROCURED BY THE ADMINISTRATOR
UNDER SUBSECTION (D) (2) IN A SUBSTANTIAL NUMBER OF RESIDENTIAL
DWELLINGS WHICH ARE LOCATED ON FEDERAL OR FEDERALLY ADMINISTERED
PROPERTY WHERE THE PERFORMANCE AND OPERATION OF SUCH SYSTEMS CAN BE
REGULARLY AND EFFECTIVELY OBSERVED AND MONITORED BY DESIGNATED FEDERAL
PERSONNEL.
(G) THE SECRETARY AND THE SECRETARY OF DEFENSE, AND OFFICIALS
RESPONSIBLE FOR ADMINISTERING FEDERAL OR FEDERALLY ADMINISTERED
PROPERTY, SHALL COORDINATE THEIR ACTIVITIES UNDER THIS SECTION TO ASSURE
THAT COMBINED SOLAR HEATING AND COOLING SYSTEMS ARE INSTALLED IN A
SUBSTANTIAL NUMBER OF RESIDENTIAL DWELLINGS AND IN A SUFFICIENT NUMBER
OF GEOGRAPHIC AREAS UNDER VARYING CLIMATIC CONDITIONS TO CONSTITUTE A
REALISTIC AND EFFECTIVE DEMONSTRATION IN SUPPORT OF THE OBJECTIVES OF
THIS ACT.
COMPREHENSIVE PROGRAM DEFINITION "42 USC 5505."
SEC. 7. (A) THE ADMINISTRATOR AND THE SECRETARY ARE AUTHORIZED AND
DIRECTED TO PREPARE A COMPREHENSIVE PLAN FOR THE CONDUCT OF THE
DEVELOPMENT AND DEMONSTRATION ACTIVITIES UNDER SECTIONS 5 AND 6. IN THE
PREPARATION OF SUCH PLAN, THE ADMINISTRATOR AND SECRETARY SHALL CONSULT
WITH THE DIRECTOR OF THE NATIONAL BUREAU OF STANDARDS, THE DIRECTOR, THE
SECRETARY OF DEFENSE, AND OTHER FEDERAL AGENCIES AND PRIVATE
ORGANIZATIONS AS APPROPRIATE.
(B) THE ADMINISTRATOR AND THE SECRETARY SHALL TRANSMIT SUCH
COMPREHENSIVE PROGRAM PLAN TO THE PRESIDENT AND TO EACH HOUSE OF THE
CONGRESS. THE PLAN SHALL BE TRANSMITTED WITHIN 120 DAYS AFTER THE DATE
OF THE ENACTMENT OF THIS ACT.
TEST PROCEDURES AND DEFINITIVE PERFORMANCE CRITERIA "42 USC
5506."
SEC. 8. AS SOON AS FEASIBLE, AND UTILIZING DATA AVAILABLE FROM THE
DEMONSTRATION PROGRAMS UNDER SECTIONS 5 AND 6, THE SECRETARY, UTILIZING
THE SERVICES OF THE DIRECTOR OF THE NATIONAL BUREAU OF STANDARDS AND IN
CONSULTATION WITH THE ADMINISTRATOR AND THE DIRECTOR SHALL DETERMINE,
PRESCRIBE, AND PUBLISH IN THE FEDERAL REGISTER IN ACCORDANCE WITH THE
APPLICABLE PROVISIONS REGARDING RULEMAKING PRESCRIBED BY SECTION 553 OF
TITLE 5, UNITED STATES CODE--,
(1) DEFINITIVE PERFORMANCE CRITERIA FOR SOLAR HEATING AND
COMBINED SOLAR HEATING AND COOLING COMPONENTS AND SYSTEMS TO BE
USED IN RESIDENTIAL DWELLINGS, TAKING INTO ACCOUNT CLIMATIC
VARIATIONS EXISTING BETWEEN DIFFERENT GEOGRAPHIC AREAS;
(2) DEFINITIVE PERFORMANCE CRITERIA (RELATING TO SUITABILITY
FOR SOLAR HEATING AND FOR COMBINED SOLAR HEATING AND COOLING) FOR
SUCH DWELLINGS, TAKING INTO ACCOUNT CLIMATIC VARIATIONS EXISTING
BETWEEN DIFFERENT GEOGRAPHIC AREAS; AND
(3) PROCEDURES WHEREBY MANUFACTURERS OF SOLAR HEATING AND
COMBINED SOLAR HEATING AND COOLING COMPONENTS AND SYSTEMS SHALL
HAVE THEIR PRODUCTS TESTED IN ORDER TO PROVIDE CERTIFICATION THAT
SUCH PRODUCTS CONFORM TO THE PERFORMANCE CRITERIA ESTABLISHED
UNDER PARAGRAPH (1).
DEVELOPMENT AND DEMONSTRATION OF SOLAR HEATING AND COMBINED
SOLAR HEATING AND COOLING SYSTEMS FOR COMMERCIAL BUILDINGS "42 USC
5507."
SEC. 9. THE ADMINISTRATOR, IN CONSULTATION WITH THE SECRETARY, THE
DIRECTOR, THE ADMINISTRATOR OF GENERAL SERVICES, AND THE DIRECTOR OF THE
NATIONAL BUREAU OF STANDARDS AND CONCURRENTLY WITH THE CONDUCT OF THE
PROGRAMS UNDER SECTIONS 5 AND 6, SHALL ENTER INTO ARRANGEMENTS WITH
APPROPRIATE FEDERAL AGENCIES TO CARRY OUT SUCH PROJECTS AND ACTIVITIES
(INCLUDING DEMONSTRATION PROJECTS) WITH RESPECT TO APARTMENT BUILDINGS,
OFFICE BUILDINGS, FACTORIES, CROP-DRYING FACILITIES AND OTHER
AGRICULTURE STRUCTURES, PUBLIC BUILDINGS (INCLUDING SCHOOLS AND
COLLEGES), AND OTHER NON-RESIDENTIAL, COMMERCIAL, OR INDUSTRIAL
BUILDINGS, TAKING INTO ACCOUNT THE SPECIAL NEEDS OF AND INDIVIDUAL
DIFFERENCES IN SUCH BUILDINGS BASED UPON SIZE, FUNCTION, AND OTHER
RELEVANT FACTORS, AS MAY BE APPROPRIATE FOR THE EARLY DEVELOPMENT AND
DEMONSTRATION OF SOLAR HEATING AND COMBINED SOLAR HEATING AND COOLING
SYSTEMS SUITABLE AND EFFECTIVE FOR USE IN SUCH BUILDINGS.
SOLAR HEATING AND COOLING RESEARCH BY NATIONAL SCIENCE
FOUNDATION "42 USC 5508."
SEC. 10. (A) THE DIRECTOR SHALL CONDUCT A PROGRAM OF APPLIED
RESEARCH RELEVANT TO (1) THE IMPROVEMENT OF SOLAR HEATING COMPONENTS AND
SYSTEMS AND (2) THE DEVELOPMENT AND COMMERCIAL APPLICATION OF COMBINED
SOLAR HEATING AND COOLING COMPONENTS AND SYSTEMS AS COMTEMPLATED BY THE
PROGRAMS UNDER THIS ACT.
(B) THE DIRECTOR SHALL APPRISE THE SECRETARY AND THE ADMINISTRATOR ON
A CONTINUING BASIS OF THE RESULTS OF THE PROGRAMS BEING CONDUCTED IN
ACCORDANCE WITH SUBSECTION (A), AND THE SECRETARY AND THE ADMINISTRATOR
SHALL INSURE THAT SUCH RESULTS, WHERE APPROPRIATE, ARE INCORPORATED INTO
THE DEVELOPMENT AND DEMONSTRATION PROGRAMS ESTABLISHED BY THIS ACT.
COORDINATION, MONITORING, AND LIASON "42 USC 5509."
SEC. 11. (A) THE SECRETARY, UTILIZING THE SERVICES OF THE DIRECTOR
OF THE NATIONAL BUREAU OF STANDARDS AND IN COORDINATION WITH SUCH OTHER
GOVERNMENT AGENCIES AS MAY BE APPROPRIATE, SHALL--,
(1) MONITOR THE PERFORMANCE AND OPERATION OF SOLAR HEATING AND
COMBINED SOLAR HEATING AND COOLING SYSTEMS INSTALLED IN
RESIDENTIAL DWELLINGS UNDER THIS ACT;
(2) COLLECT AND EVALUATE DATA AND INFORMATION ON THE
PERFORMANCE AND OPERATION OF SOLAR HEATING AND COMBINED SOLAR
HEATING AND COOLING SYSTEMS INSTALLED IN RESIDENTIAL DWELLINGS
UNDER THIS ACT; AND
(3) FROM TIME TO TIME, CARRYING OUT SUCH STUDIES AND
INVESTIGATIONS AND TAKE SUCH OTHER ACTIONS, INCLUDING THE
SUBMISSION OF SPECIAL REPORTS TO THE CONGRESS WHEN APPROPRIATE, AS
MAY BE NECESSARY TO ASSURE THAT THE PROGRAMS FOR WHICH THE
SECRETARY IS RESPONSIBLE UNDER THIS ACT EFFECTIVELY CARRY OUT THE
POLICY OF THIS ACT.
(B) IN THE DEVELOPMENT OF THE PERFORMANCE CRITERIA AND TEST
PROCEDURES REQUIRED UNDER SECTIONS 5,6, AND 8, THE SECRETARY SHALL WORK
CLOSELY WITH THE APPROPRIATE SCIENTIFIC, TECHNICAL, AND PROFESSIONAL
SOCIETIES AND INDUSTRY REPRESENTATIVES TO INSURE THE BEST POSSIBLE USE
OF AVAILABLE EXPERTISE IN THIS AREA.
(C) THE SECRETARY SHALL ALSO MAINTAIN CONTINUING LIASION WITH THE
BUILDING INDUSTRY AND RELATED INDUSTRIES AND INTERESTS, AND WITH THE
SCIENTIFIC AND TECHNICAL COMMUNITY DURING AND AFTER THE PERIOD OF THE
PROGRAMS CARRIED OUT UNDER THIS ACT, IN ORDER TO ASSURE THAT THE
PROJECTED BENEFITS OF SUCH PROGRAMS ARE AND WILL CONTINUE TO BE
REALIZED.
DISSEMINATION OF INFORMATION AND OTHER ACTIONS TO PROMOTE
PRACTICAL USE OF SOLAR HEATING AND COOLING TECHNOLOGIES "42 USC
5510."
SEC. 12. (A) THE SECRETARY SHALL TAKE ALL POSSIBLE STEPS TO ASSURE
THAT FULL AND COMPLETE INFORMATION WITH RESPECT TO THE DEMONSTRATIONS
AND OTHER ACTIVITIES CONDUCTED UNDER THIS ACT IS MADE AVAILABLE TO
FEDERAL, STATE, AND LOCAL AUTHORITIES, THE BUILDING INDUSTRY AND RELATED
SEGMENTS OF THE ECONOMY, THE SCIENTIFIC AND TECHNICAL COMMUNITY, AND THE
PUBLIC AT LARGE, BOTH DURING AND AFTER THE CLOSE OF THE PROGRAMS UNDER
THIS ACT, WITH THE OBJECTIVE OF PROMOTING AND FACILITATING TO THE
MAXIMUM EXTENT FEASIBLE THE EARLY AND WIDESPREAD PRACTICAL USE OF SOLAR
ENERGY FOR THE HEATING AND COOLING OF BUILDINGS THROUGHOUT THE UNITED
STATES. IN ACCORDANCE WITH REGULATIONS PRESCRIBED UNDER SECTION 16 SUCH
INFORMATION SHALL BE DISSEMINATED ON A COORDINATED BASIS BY THE
SECRETARY, THE ADMINISTRATOR, THE DIRECTOR OF THE NATIONAL BUREAU OF
STANDARDS, THE DIRECTOR, THE COMMISSIONER OF THE PATENT OFFICE, AND
OTHER APPROPRIATE FEDERAL OFFICES AND AGENCIES.
(B) IN ADDITION, THE SECRETARY SHALL--,
(1) STUDY AND INVESTIGATE THE EFFECT OF BUILDING CODES, ZONING
ORDINANCES, TAX REGULATIONS, AND OTHER LAWS, CODES, ORDINANCES,
AND PRACTICES UPON THE PRACTICAL USE OF SOLAR ENERGY FOR THE
HEATING AND COOLING OF BUILDINGS;
(2) DETERMINE THE EXTENT TO WHICH LAWS, CODES, ORDINANCES, AND
PRACTICES SHOULD BE CHANGED TO PERMIT OR FACILITATE SUCH USE, AND
THE METHODS BY WHICH ANY SUCH CHANGES MAY BEST BE BROUGHT ABOUT;
AND
(3) STUDY THE NECESSITY OF A PROGRAM OF INCENTIVES TO
ACCELERATE THE COMMERCIAL APPLICATION OF SOLAR HEATING AND COOLING
TECHNOLOGY.
(C) (1) IN CARRYING OUT HIS FUNCTIONS UNDE SUBSECTIONS (A) AND (B)
THE SECRETARY, UTILIZING THE CAPABILITIES OF THE NATIONAL AERONAUTICS
AND SPACE ADMINISTRATION, THE DEPARTMENT OF COMMERCE, AND THE NATIONAL
SCIENCE FOUNDATION TO THE MAXIMUM EXTENT POSSIBLE, SHALL ESTABLISH AND
OPERATE A SOLAR HEATING AND COOLING INFORMATION DATA BANK (HEREINAFTER
IN THIS SUBSECTION REFERRED TO AS THE "BANK") FOR THE PURPOSE OF
COLLECTING, REVIEWING, PROCESSING, AND DISSEMINATING SOLAR HEATING AND
COOLING INFORMATION AND DATA IN A TIMELY AND ACCURATE MANNER IN SUPPORT
OF THE OBJECTIVES OF THIS ACT.
(2) INFORMATION AND DATA COMPILED IN THE BANK SHALL INCLUDE--,
(A) TECHNICAL INFORMATION (INCLUDING REPORTS, JOURNAL ARTICLES,
DISSERTIONS, MONOGRAPHS, AND PROJECT DESCRIPTIONS) ON SOLAR ENERGY
RESEARCH, DEVELOPMENT, AND APPLICATIONS;
(B) TECHNICAL INFORMATION ON THE DESIGN, CONSTRUCTION, AND
MAINTENANCE OF BUILDINGS COMPATIBLE WITH SOLAR HEATING AND COOLING
CONCEPTS; (C) PHYSICAL AND CHEMICAL PROPERTIES OF THE MATERIALS
REQUIRED FOR SOLAR HEATING AND COOLING;
(D) CLIMATIC CONDITIONS IN APPROPRIATE AREAS OF THE UNITED
STATES, INCLUDING THOSE AREAS WHERE THE DEMONSTRATIONS ARE TO BE
LOCATED; AND
(E) ENGINEERING PERFORMANCE OF DEVICES UTILIZED IN SOLAR
HEATING AND COOLING OR TO BE EMPLOYED IN THE DEMONSTRATIONS.
(3) IN ACCORDANCE WITH REGULATIONS PRESCRIBED UNDER SECTION 16, THE
SECRETARY SHALL PROVIDE RETRIEVAL AND DISSEMINATION SERVICES TO COVER
THE SOLAR HEATING AND COOLING INFORMATION DESCRIBED UNDER PARAGRAPH (2)
FOR--,
(A) FEDERAL, STATE, AND LOCAL GOVERNMENT ORGANIZATIONS THAT ARE
ACTIVE IN THE AREA OF ENERGY RESOURCES (AND THEIR CONTRACTORS);
(B) UNIVERSITIES, COLLEGES, AND OTHER NONPROFIT ORGANIZATIONS;
AND
(C) PRIVATE PERSONS, UPON REQUEST, IN APPROPRIATE CASES.
(4) IN CARRYING OUT HIS FUNCTIONS UNDER THIS SUBSECTION, THE
SECRETARY SHALL UTILIZE, WHEN FEASIBLE, THE EXISTING DATA BASE OF
SCIENTIFIC AND TECHNICAL INFORMATION IN FEDERAL AGENCIES, ADDING TO SUCH
DATA BASE ANY INFORMATION DESCRIBED IN PARAGRAPH (2) WHICH DOES NOT
ALREADY RESIDE IN SUCH BASE.
(D) EACH FEDERAL OFFICER AND AGENCY HAVING FUNCTIONS UNDER THIS ACT
SHALL INCLUDE IN HIS OR ITS ANNUAL REPORT TO THE PRESIDENT AND THE
CONGRESS A FULL AND COMPLETE DESCRIPTION OF HIS OR ITS ACTIVITIES
(CURRENT AND PROJECTED) UNDER THIS ACT, ALONG WITH HIS OR ITS
RECOMMENDATIONS FOR LEGISLATIVE, ADMINISTRATIVE, OR OTHER ACTION TO
IMPROVE THE PROGRAMS UNDER THIS ACT OR TO ACHIEVE THE OBJECTIVES OF THIS
ACT MORE PROMPTLY AND EFFECTIVELY. IN ADDITION, THE SECRETARY SHALL
SUBMIT ANNUALLY TO THE PRESIDENT AND THE CONGRESS A SPECIAL REPORT
SUMMARIZING IN APPROPRIATE DETAIL ALL OF THE ACTIVITIES (CURRENT AND
PROJECTED) OF THE VARIOUS FEDERAL OFFICERS AND AGENCIES HAVING FUNCTIONS
UNDER THIS ACT, WITH THE OBJECTIVE OF PRESENTING A COMPREHENSIVE OVERALL
VIEW OF SUCH PROGRAMS.
LIMITATIONS ON FEDERALLY ASSISTED OR FEDERALLY CONSTRUCTED
HOUSING "42 USC 5511."
SEC 13. (A) (1) IN DETERMINING THE MAXIMUM DOLLAR AMOUNT OF ANY
FEDERALLY ASSISTED MORTGAGE LOAN (AS DEFINED IN SUBSECTION (B)) OR THE
MAXIMUM PER UNIT OR OTHER COST OR FLOOR AREA LIMITATION OF ANY FEDERALLY
CONSTRUCTED HOUSING (AS DEFINED IN SUBSECTION (C)), WHERE THE LAW
ESTABLISHING THE PROGRAM UNDER WHICH THE LOAN IS MADE OR THE HOUSING IS
CONSTRUCTED SPECIFIES SUCH MAXIMUM PER UNIT OR OTHER COST ON FLOOR AREA
LIMITATION AND THE STRUCTURE INVOLVED IS FURNISHED WITH SOLAR HEATING OR
COMBINED SOLAR HEATING AND COOLING EQUIPMENT UNDER THE DEMONSTRATION
PROGRAM ESTABLISHED BY SECTION 5, 6, OR 9, THE MAXIMUM AMOUNT OR COST OF
FLOOR AREA LIMITATION SO SPECIFIED WHICH IS APPLICABLE TO SUCH STRUCTURE
SHALL BE DEEMED TO BE INCREASED BY THE AMOUNT BY WHICH (AS DETERMINED BY
THE SECRETARY OR THE SECRETARY OF DEFENSE, AS APPROPRIATE) THE PRICE OR
COST OR FLOOR AREA LIMITATION OF THE STRUCTURE WITH SUCH EQUIPMENT
REPLACED BY CONVENTIONAL HEATING EQUIPMENT OR CONVENTIONAL HEATING AND
COOLING EQUIPMENT (AS THE CASE MAY BE).
(2) IN ADDITION, IN THE CASE OF A FEDERALLY ASSISTED MORTGAGE LOAN,
THE COST EXCESS SPECIFIED IN SUBSECTION (A) SHALL BE FULLY TAKEN INTO
ACCOUNT IN DETERMINING THE VALUE OR COST OF THE STRUCTURE INVOLVED FOR
PURPOSES OF APPLYING ANY STATUTORY PROVISION SPECIFYING THE MAXIMUM
LOAN-TO-VALUE OR COST RATIO; EXCEPT THAT, IF THE LAW SPECIFIES
DIFFERENT RATES OF DOWNPAYMENT FOR SUCCESSIVE INCREMENTS OF SUCH VALUE
OR COST, THE LOWEST SUCH RATE SHALL APPLY TO THE ADDITIONAL COST
ATTRIBUTABLE TO THE SOLAR HEATING OR COMBINED SOLAR HEATING AND COOLING
EQUIPMENT, AND SUCH EQUIPMENT SHALL OTHERWISE BE EXCLUDED IN DETERMINING
THE TOTAL VALUE OR COST OF THE STRUCTURE.
(B) AS USED SUBSECTION (A), THE TERM "MORTGAGE LOAN" MEANS A LOAN
WHICH IS MADE TO FINANCE THE PURCHASE OR CONSTRUCTION OF A RESIDENCE OR
ANY OTHER BUILDING OR STRUCTURE; AND THE TERM "FEDERALLY ASSISTED
MORTGAGE LOAN" MEANS A MORTGAGE LOAN WHICH--,
(1) IS MADE IN WHOLE OR IN PART BY ANY LENDER THE DEPOSITS OR
ACCOUNTS OF WHICH ARE INSURED BY ANY AGENCY OF THE FEDERAL
GOVERNMENT, OR IS MADE IN WHOLE OR IN PART BY ANY LENDER WHICH IS
ITSELF REGULATED BY ANY AGENCY OF THE FEDERAL GOVERNMENT; OR
(2) IS MADE WHOLE OR IN PART, OR INSURED, GUARANTEED,
SUPPLEMENTED, OR ASSISTED IN ANY WAY, BY THE SECRETARY OR ANY
OTHER OFFICER OR AGENCY OR THE FEDERAL GOVERNMENT OR UNDER OR IN
CONNECTION WITH A HOUSING, URBAN DEVELOPMENT, OR RELATED PROGRAM
ADMINISTERED BY THE SECRETARY OR A HOUSING OR RELATED PROGRAM
ADMINISTERED BY ANY OTHER SUCH OFFECER OR AGENCY; OR
(3) 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
(4) IS MADE IN WHOLE OR IN PART BY ANY "CREDITOR," AS DEFINED
IN SECTION 103 (F) OF THE CONSUMER CREDIT PROTECTION ACT OF 1968
(15 U.S.C. 1602 (F)), "82 STAT. 147." WHO MAKES OR INVESTS IN
RESIDENTIAL REAL ESTATE LOANS AGGREGATING MORE THAN $1,000,000 PER
YEAR.
(C) AS USED IN SUBSECTION (A), THE TERM "FEDERALLY CONSTRUCTED
HOUSING" MEANS (1) RESIDENTIAL OR MULTIFAMILY HOUSING WHICH IS
CONSTRUCTED BY AGENCIES OF THE FEDERAL GOVERNMENT TO PROVIDE DWELLING
ACCOMMODATIONS FOR PARTICULAR TYPES OR CLASSES OF PERSONS UNDER PROGRAMS
ADMINISTERED BY SUCH FEDERAL AGENCIES (INCLUDING ALL HOUSING CONSTRUCTED
BY THE DEPARTMENT OF DEFENSE TO PROVIDE DWELLING ACCOMMODATIONS FOR
PERSONNEL OF THE ARMED SERVICES OR FOR SUCH PERSONNEL AND THEIR
FAMILIES), AND (2) RESIDENTIAL OR MULTIFAMILY HOUSING WHICH IS
CONSTRUCTED BY AGENCIES OF STATE OR LOCAL GOVERNMENT, WITH FINANCIAL
ASSISTANCE IN ANY FORM FROM THE FEDERAL GOVERNMENT, TO PROVIDE DWELLING
ACCOMMODATIONS FOR PARTICULAR TYPES OR CLASSES OF PERSONS UNDER PROGRAMS
ADMINISTERED BY SUCH STATE OR LOCAL AGENCIES.
ENCOURAGEMENT AND PROTECTION OF SMALL BUSINESS "42 USC 5512."
SEC. 14. IN CARRYING OUT THEIR FUNCTIONS UNDER THIS ACT, ALL FEDERAL
OFFICERS AND AGENCIES SHALL TAKE STEPS TO ASSURE THAT SMALL BUSINESS
CONCERNS WILL HAVE REALISTIC AND ADEQUATE OPPORTUNITIES TO PARTICIPATE
IN THE PROGRAMS UNDER THIS ACT TO THE MAXIMUM EXTENT POSSIBLE.
PRIORITIES "42 USC 5513."
SEC. 15. THE SECRETARY SHALL SET PRIORITIES AS FAR AS POSSIBLE
CONSISTENT WITH THE INTENT AND OPERATION OF THIS ACT IN ACCORDANCE WITH
THE FOLLOWING CRITERIA:
(A) THE RESIDENTIAL DWELLINGS AND OTHER BUILDINGS WHICH WILL BE PART
OF THE DEMONSTRATION PROGRAMS REFERRED TO IN SECTION 5, 6, AND 9 SHALL
BE LOCATED IN A SUFFICIENT NUMBER OF DIFFERENT GEOGRAPHIC AREAS IN THE
UNITED STATES TO ASSURE A REALISTIC AND EFFECTIVE DEMONSTRATION OF THE
SOLAR HEATING SYSTEMS AND COMBINED SOLAR HEATING AND COOLING SYSTEMS
INVOLVED, AND OF THE DWELLINGS AND OTHER BUILDINGS THEMSELVES, IN BOTH
RURAL AND URBAN LOCATIONS AND UNDER CLIMATIC CONDITIONS WHICH VARY AS
MUCH AS POSSIBLE.
(B) CONSIDERATION SHALL BE GIVEN TO PROJECTED COSTS OF COMMERCIAL
PRODUCTION AND MAINTENANCE OF THE SOLAR HEATING SYSTEMS AND COMBINED
SOLAR HEATING AND COOLING SYSTEMS UTILIZED IN THE DEMONSTRATION
PROGRAMS.
(C) ENCOURAGEMENT SHOULD BE GIVEN IN THE CONDUCT OF PROGRAMS UNDER
THIS ACT TO THOSE PROJECTS IN WHICH FUNDS, APPROPRIATED BY ANY STATE OR
POLITICAL SUBDIVISION THEREOF FOR THE PURPOSE OF SHARING COSTS WITH THE
FEDERAL GOVERNMENT FOR THE PURCHASE AND INSTALLATION OF SOLAR HEATING OR
COMBINED SOLAR HEATING AND COOLING COMPONENTS AND SYSTEMS, ARE COMMITTED
BEFORE OR AFTER THE DATE OF THE ENACTMENT OF THIS ACT.
REGULATIONS "42 USC 5514."
SEC. 16. THE ADMINISTRATOR AND THE SECRETARY IN CONSULTATION WITH
THE DIRECTOR OF THE NATIONAL BUREAU OF STANDARDS, THE DIRECTOR, THE
ADMINISTRATOR OF THE GENERAL SERVICES ADMINISTRATION, THE SECRETARY OF
DEFENSE, AND OTHER APPROPRIATE OFFICERS AND AGENCIES, SHALL PRESCRIBE
SUCH REGULATIONS AS MAY BE NECESSARY OR APPROPRIATE TO CARRY OUT THIS
ACT PROMPTLY AND EFFICIENTLY. EACH SUCH OFFICER OR AGENCY, IN
CONSULTATION WITH THE ADMINISTRATOR AND THE SECRETARY, MAY PRESCRIBE
SUCH REGULATIONS AS MAY BE NECESSARY OR APPROPRIATE TO CARRY OUT HIS OR
ITS PARTICULAR FUNCTIONS UNDER THIS ACT PROMPTLY AND EFFICIENTLY.
USE OF PUBLICLY ASSISTED HOUSING "42 USC 5515."
SEC. 17. THE SECRETARY SHALL MAKE APPROPRIATE USE OF PUBLICLY
ASSISTED HOUSING AND PARTICULARLY LOW-RENT HOUSING ASSISTED UNDER THE
UNITED STATES HOUSING ACT OF 1937 "50 STAT. 888, 42 USC 1430." IN
DEMONSTRATING SOLAR HEATING SYSTEMS AND COMBINED SOLAR HEATING AND
COOLING SYSTEMS UNDER THIS ACT.
TRANSFER OF FUNCTIONS "42 USC 5516."
SEC. 18. WITHIN SIXTY DAYS AFTER THE EFFECTIVE DATE OF THE LAW
CREATING THE ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION OR ANY OTHER
LAW CREATING A PERMANENT FEDERAL ORGANIZATION OR AGENCY HAVING
JURISDICTION OVER THE ENERGY RESEARCH AND DEVELOPMENT FUNCTIONS OF THE
UNITED STATES (OR WITHIN SIXTY DAYS AFTER THE ENACTMENT OF THIS ACT IF
THE EFFECTIVE DATE OF SUCH LAW OCCURS PRIOR TO THE ENACTMENT OF THIS
ACT), THE ENERGY RESEARCH AND DEVELOPMENT FUNCTIONS VESTED IN THE
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AND THE NATIONAL SCIENCE
FOUNDATION UNDER THIS ACT AND ANY FUNDS WHICH MAY HAVE BEEN APPROPRIATED
PURSUANT TO SECTION 19 OF THIS ACT, TO THE EXTENT NECESSARY OR
APPROPRIATE, MAY, IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE
OFFICE OF MANAGEMENT AND BUDGET, BE TRANSFERRED TO AND VESTED IN THE
ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION OR SUCH OTHER
ORGANIZATION OR AGENCY.
AUTHORIZATION OF APPROPRIATIONS "42 USC 5517."
SEC. 19. (A) THERE IS HEREBY AUTHORIZED TO BE APPROPRIATED TO THE
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION FOR THE FISCAL YEAR ENDING
JUNE 30, 1975, $5,000,000, TO REMAIN AVAILABLE UNTIL EXPENDED, TO CARRY
OUT THE FUNCTIONS VESTED IN THE ADMINISTRATOR BY THIS ACT.
(B) THERE IS HEREBY AUTHORIZED TO BE APPROPRIATED TO THE DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT FOR THE FISCAL YEAR ENDING JUNE 30,
1975, $5,000,000, TO REMAIN AVAILABLE UNTIL EXPENDED. ANY SUMS SO
APPROPRIATED SHALL BE AVAILABLE (1) TO CARRY OUT THE FUNCTIONS VESTED IN
THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT BY THIS ACT, AND (2) FOR
TRANSFER TO THE DEPARTMENT OF DEFENSE, THE NATIONAL BUREAU OF STANDARDS,
AND THE GENERAL SERVICES ADMINISTRATION TO ENABLE THEM TO CARRY OUT
THEIR RESPECTIVE FUNCTIONS UNDER THIS ACT.
(C) THERE IS HEREBY AUTHORIZED TO BE APPROPRIATED FOR THE FISCAL
YEARS ENDING JUNE 30, 1976, 1977, 1978, AND 1979, $50,000,000 IN THE
AGGREGATE TO CARRY OUT THE PROGRAMS ESTABLISHED BY THIS ACT.
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 769 (COMM. ON SCIENCE AND ASTRONAUTICS) AND
NO. 93 - 1278 (COMM. OF CONFERENCE).
SENATE REPORTS: NO 93 - 734 (COMM. ON AERONAUTICAL AND SPACE
SCIENCES), NO. 93 - 847 (COMM. ON BANKING, HOUSING AND URBAN AFFAIRS
AND COMM. ON LABOR AND PUBLIC WELARE) AND NO. 93 - 1083 (COMM. OF
CONFERENCE).
CONGRESSIONAL RECORD, VOL. 120 (1974):
FEB. 13, CONSIDERED AND PASSED HOUSE.
MAY 21, CONSIDERED AND PASSED SENATE, AMENDED.
AUG. 12, SENATE AGREED TO CONFERENCE REPORT.
AUG. 21, HOUSE AGREED TO CONFERENCE REPORT.
PUBLIC LAW 93-408, 88 STAT. 1066, YOUTH CONSERVATION CORPS ACT OF
1970, AMENDMENTS
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED. THAT THE ACT OF AUGUST
13, 1970 (84 STAT. 794) "86 STAT.1319, 42 USC PREC. 2711 NOTE." IS
AMENDED TO READ AS FOLLOWS:
"POLICY AND PURPOSE "16 USC 1701."
"SECTION 1. THE CONGRESS FINDS THAT THE YOUTH CONSERVATION CORPS HAS
DEMONSTRATED A HIGH DEGREE OF SUCCESS AS A PILOT PROGRAM WHEREIN
AMERICAN YOUTH, REPRESENTING ALL SEGMENTS OF SOCIETY, HAVE BENEFITED BY
GAINFUL EMPLOYMENT IN THE HEALTHFUL OUTDOOR ATMOSPHERE OF THE NATIONAL
PARK SYSTEM, THE NATIONAL FOREST SYSTEM, OTHER PUBLIC LAND AND WATER
AREAS OF THE UNITED STATES AND BY THEIR EMPLOYMENT HAVE DEVELOPED,
ENHANCED, AND MAINTAINED THE NATURAL RESOURCES OF THE UNITED STATES, AND
WHEREAS IN SO DOING THE YOUTH HAVE GAINED AN UNDERSTANDING AND
APPRECIATION OF THE NATION'S ENVIRONMENT AND HERITAGE EQUAL TO ONE FULL
ACADEMIC YEAR OF STUDY, IT IS ACCORDINGLY THE PURPOSE OF THIS ACT TO
EXPAND AND MAKE PERMANENT THE YOUTH CONSERVATION CORPS AND THEREBY
FURTHER THE DEVELOPMENT AND MAINTENANCE OF THE NATURAL RESOURCES BY
AMERICA'S YOUTH, AND IN SO DOING TO PREPARE THEM FOR THE ULTIMATE
RESPONSIBILITY OF MAINTAINING AND MANAGING THESE RESOURCES FOR THE
AMERICAN PEOPLE.
"YOUTH CONSERVATION CORPS "16 USC 1702."
"SEC. 2. (A) TO CARRY OUT THE PURPOSES OF THIS ACT, THERE IS
ESTABLISHED IN THE DEPARTMENT OF THE INTERIOR AND THE DEPARTMENT OF
AGRICULTURE A YOUTH CONSERVATION CORPS (HEREINAFTER REFERRED TO AS THE
'CORPS'). THE CORPS SHALL CONSIST OF YOUNG MEN AND WOMEN WHO ARE
PERMANENT RESIDENTS OF THE UNITED STATES, ITS TERRITORIES, POSSESSIONS,
TRUST TERRITORIES, OR COMMONWEALTH OF PUERTO RICO WHO HAVE ATTAINED AGE
FIFTEEN BUT HAVE NOT ATTAINED AGE NINETEEN, AND WHOM THE SECRETARY OF
THE INTERIOR OR THE SECRETARY OF AGRICULTURE MAY EMPLOY WITHOUT REGARD
TO THE CIVIL SERVICE OR CLASSIFICATION LAWS, RULES, OR REGULATIONS, FOR
THE PURPOSE OF DEVELOPING, PRESERVING, OR MAINTAINING THE LANDS AND
WATERS OF THE UNITED STATES.
"(B) THE CORPS SHALL BE OPEN TO YOUTH FROM ALL PARTS OF THE COUNTRY
OF BOTH SEXES AND YOUTH OF ALL SOCIAL, ECONOMIC, AND RACIAL
CLASSIFICATIONS WITH ALL CORPS MEMBERS RECEIVING COMPENSATION CONSISTENT
WITH WORK ACCOMPLISHED, AND WITH NO PERSON BEING EMPLOYED AS A MEMBER OF
THE CORPS FOR A TERM IN EXCESS OF NINETY DAYS DURING ANY SINGLE YEAR.
"SECRETARIAL DUTIES AND FUNCTIONS "16 USC 1703."
"SEC. 3. (A) IN CARRYING OUT THIS ACT, THE SECRETARY OF THE INTERIOR
AND THE SECRETARY OF AGRICULTURE SHALL--,
"(1) DETERMINE THE AREAS UNDER THEIR ADMINISTRATIVE
JURISDICTIONS WHICH ARE APPROPRIATE FOR CARRYING OUT THE
PROGRAMS USING EMPLOYEES OF THE CORPS;
"(2) DETERMINE WITH OTHER FEDERAL AGENCIES THE AREAS UNDER THE
ADMINISTRATIVE JURISDICTION OF THESE AGENCIES WHICH ARE
APPROPRIATE FOR CARRYING OUT PROGRAMS USING MEMBERS OF THE CORPS,
AND DETERMINE AND SELECT APPROPRIATE WORK AND EDUCATION PROGRAMS
AND PROJECTS FOR PARTICIPATION BY MEMBERS OF THE CORPS;
"(3) DETERMINE THE RATES OF PAY, HOURS, AND OTHER CONDITIONS OF
EMPLOYMENT IN THE CORPS, EXCEPT THAT ALL MEMBERS OF THE CORPS
SHALL NOT BE DEEMED TO BE FEDERAL EMPLOYEES OTHER THAN FOR THE
PURPOSE OF CHAPTER 171 OF TITLE 28, UNITED STATES CODE, AND
CHAPTER 81 OF TITLE 5, UNITED STATES CODE. "62 STAT. 982; 80
STAT. 306, 28 USC 2671."
"(4) PROVIDE FOR SUCH TRANSPORTATION, LODGING, SUBSISTENCE, AND
OTHER SERVICES AND EQUIPMENT AS THEY MAY DEEM NECESSARY OR
APPROPRIATE FOR THE NEEDS OF MEMBERS OF THE CORPS IN THEIR DUTIES;
"80 STAT. 531; 82 STAT. 98, 5 USC 8101."
"(5) PROMULGATE REGULATION TO INSURE THE SAFETY, HEALTH, AND
WELFARE OF THE CORPS MEMBERS; AND
"(6) PROVIDE TO THE EXTENT POSSIBLE, THAT PERMANENT OR
SEMI-PERMANENT FACILITIES USED AS CORPS CAMPS BE MADE AVAILABLE TO
LOCAL SCHOOLS, SCHOOL DISTIRCTS, STATE JUNIOR COLLEGES AND
UNIVERSITIES, AND OTHER EDUCATION INSTITUTIONS FOR USE AS
ENVIRONMENTAL/ ECOLOGICAL EDUCATION CAMPS DURING PERIODS OF NONUSE
BY THE COPRS PROGRAM.
COSTS FOR OPERATIONS MAINTENANCE, AND STAFFING OF CORPS CAMP FACILITIES
DURING PERIODS OF USE BY NON-CORPS PROGRAMS AS WELL AS ANY LIABILITY FOR
PERSONAL INJURY OR PROPERTY DAMAGE STEMMING FROM SUCH USE SHALL BE THE
RESPONSIBILITY OF THE ENTITY OR ORGANIZATION USING THE FACILITY AND
SHALL NOT BE A RESPONSIBILITY OF THE SECRETARIES OR THE CORPS.
"(B) EXISTING BUT UNOCCUPIED FEDERAL FACILITIES AND SURPLUS OR UNUSED
EQUIPMENT (OR BOTH), OF ALL TYPESINCLUDING MILITARY FACILITIES AND
EQUIPMENT, SHALL BE UTILIZED FOR THE PURPOSES OF THE CORPS, WHERE
APPROPRIATE AND WITH THE APPROVAL OF THE FEDERAL AGENCY INVOLVED. TO
MINIMIZE TRANSPORTATION COSTS, CORPS MEMBERS SHALL BE EMPLOYED ON
CONSERVATION PROJECTS AS NEAR TO THEIR PLACES OF RESIDENCE AS IS
FEASIBLE.
"(C) THE SECRETARY OF THE INTERIOR AND THE SECRETARY OF AGRICULTURE
MAY CONTRACT WITH ANY PUBLIC AGENCY OR ORGANIZATION OR ANY PRIVATE
NONPROFIT AGENCY OR ORGANIZATION WHICH HAS BEEN IN EXISTENCE FOR AT
LEAST FIVE YEARS FOR THE OPERATION OF ANY YOUTH CONSERVATION CORPS
PROJECT.
"GRANT PROGRAM FOR STATE PROJECTS "16 USC 1704."
"SEC. 4. (A) THE SECRETARY OF THE INTERIOR AND THE SECRETARY OF
AGRICULTURE SHALL JOINTLY ESTABLISH A PROGRAM UNDER WHICH GRANTS SHALL
BE MADE TO STATES TO ASSIST THEM IN MEETING THE COST OF PROJECTS FOR THE
EMPLOYMENT OF YOUNG MEN AND WOMEN TO DEVELOP, PRESERVE, AND MAINTAIN
NON-FEDERAL PUBLIC LANDS AND WATERS WITHIN THE STATES. FOR PURPOSES OF
THIS SECTION, THE TERM 'STATES' INCLUDES THE DISTRICT OF COLUMBIA, THE
COMMONWEALTH OF PUERTO RICO, THE VIRGIN ISLANDS, GUAM, THE TRUST
TERRITORY OF THE PACIFIC ISLANDS, AND AMERICAN SAMOA.
"(B) (1) NO GRANT MAY BE MADE UNDER THIS SECTION UNLESS AN
APPLICATION THEREFOR HAS BEEN SUBMITTED TO, AND APPROVED BY, THE
SECRETARY OF THE INTERIOR AND THE SECRETARY OF AGRICULTURE. SUCH
APPLICATION SHALL BE IN SUCH FORM, AND SUBMITTED IN SUCH MANNER, AS THE
SECRETARIES SHALL JOINTLY BY REGULATION PRESCRIBE, AND SHALL CONTAIN--,
"(A) ASSURANCES SATISFACTORY TO THE SECRETARIES THAT
INDIVIDUALS EMPLOYED UNDER THE PROJECT FOR WHICH THE APPLICATION
IS SUBMITTED SHALL (I) HAVE ATTAINED THE AGE OF FIFTEEN BUT NOT
ATTAINED THE AGE OF NINETEEN, (II) BE PERMANENT RESIDENTS OF THE
UNITED STATES OR ITS TERRITORIES, POSSESSIONS, OR THE TRUST
TERRITORY OF THE PACIFIC ISLANDS, (III) BE EMPLOYED WITHOUT REGARD
TO THE PERSONNEL LAWS, RULES, AND REGULATIONS APPLICABLE TO
FULL-TIME EMPLOYEES OF THE APPLICANT, (IV) BE EMPLOYED FOR A
PERIOD OF NOT MORE THAN NINETY DAYS IN ANY CALENDAR YEAR, AND (V)
BE EMPLOYED WITHOUT REGARD TO THEIR SEX OR SOCIAL, ECONOMIC, OR
RACIAL CLASSIFICATION; AND
"(B) SUCH OTHER INFORMATION AS THE SECRETARIES MAY JOINTLY BY
REGULATION PRESCRIBE.
"(2) THE SECRETARIES MAY APPROVE APPLICATIONS WHICH THEY DETERMINE
(A) TO MEET THE REQUIREMENTS OF PARAGRAPH (1), AND (B) ARE FOR PROJECTS
WHICH WILL FURTHER THE DEVELOPMENT, PRESERVATION, OR MAINTENANCE OF
NON-FEDERAL PUBLIC LANDS OR WATERS WITHIN THE JURISDICTION OF THE
APPLICANT.
"(C) (1) THE AMOUNT OF ANY GRANT UNDER THIS SECTION SHALL BE
DETERMINED JOINTLY BY THE SECRETARIES, EXCEPT THAT NO GRANT FOR ANY
PROJECT MAY EXCEED 80 PER CENTUM OF THE COST (AS DETERMINED BY THE
SECRETARIES) OF SUCH PROJECT.
"(2) PAYMENTS UNDER GRANTS UNDER THIS SECTION MAY BE MADE IN ADVANCE
OR BY WAY OF REIMBURSEMENT AND AT SUCH INTERVALS AND ON SUCH CONDITIONS
AS THE SECRETARIES FIND NECESSARY.
"(D) THIRTY PER CENTUM OF THE SUMS APPROPRIATED UNDER SECTION 6 FOR
ANY FISCAL YEAR SHALL BE MADE AVAILABLE FOR GRANTS UNDER THIS SECTION
FOR SUCH FISCAL YEAR.
"SECRETARIAL REPORTS "16 USC 1705."
"SEC. 5. THE SECRETARY OF THE INTERIOR AND SECRETARY OF AGRICULTURE
SHALL ANNUALLY PREPARE A JOINT REPORT DETAILING THE ACTIVITIES CARRIED
OUT UNDER THIS ACT AND PROVIDING RECOMMENDATIONS. EACH REPORT FOR A
PROGRAM YEAR SHALL BE SUBMITTED CONCURRENTLY TO THE PRESIDENT AND THE
CONGRESS NOT LATER THAN APRIL 1 FOLLOWING THE CLOSE OF THAT PROGRAM
YEAR.
"AUTHORIZATION OF APPROPRIATIONS "16 USC 1706."
"SEC. 6. THERE ARE AUTHORIZED TO BE APPROPRIATED AMOUNTS NOT TO
EXCEED $60,000,000 FOR EACH FISCAL YEAR, WHICH AMOUNTS SHALL BE MADE
AVAILABLE TO THE SECRETARY OF THE INTERIOR AND THE SECRETARY OF
AGRICULTURE TO CARRY OUT THE PURPOSES OF THIS ACT. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW, FUNDS APPROPRIATED FOR ANY FISCAL YEAR TO CARRY
OUT THIS ACT SHALL REMAIN AVAILABLE FOR OBLIGATION AND EXPENDITURE UNTIL
THE END OF THE FISCAL YEAR FOLLOWING THE FISCAL YEAR FOR WHICH
APPROPRIATED.".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1223 ACCOMPANYING H.R. 14897 (COMM. ON
EDUCATION AND LABOR).
SENATE REPORT NO. 93 - 426 (COMM. ON INTERIOR AND UNSULAR
AFFAIRS).
CONGRESSIONAL RECORD:
VOL. 119 (1973): OCT. 8, CONSIDERED AND PASSED SENATE.
VOL. 120 (1974): AUG. 19, CONSIDERED AND PASSED HOUSE,
AMENDED, IN LIEU OF H.R. 14897.
AUG. 21, SENATE CONCURRED IN HOUSE AMENDMENT.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:
VOL. 10, NO. 36: SEPT. 3, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-407, 88 STAT. 1036
PAYABLE TO RETIRED
TEACHERS IN THE DISTRICT OF
COLUMBIA; TO ESTABLISH AN EQUITABLE TAX ON REAL
PROPERTY
IN THE DISTRICT OF
COLUMBIA; TO PROVIDE FOR ADDITIONAL REVENUE FOR THE
DISTRICT OF COLUMBIA; AND
FOR OTHER PURPOSES.
BE IT ENACTED BY THE SENATE AND HOUSEOF REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED,
SEC. 101. (A) THE DISTRICT OF COLUMBIA POLICE AND FIREMEN'S SALARY
ACT OF 1958 (D.C. CODE, SECS. 4 - 823 -- 4 - 837 IS AMENDED AS FOLLOWS:
(1) THE SALARY SCHEDULE IN SECTION 101 (A) OF THAT ACT (D.C. CODE,
SEC. 4 - 823 (A)) "86 STAT. 634." IS AMENDED TO READ AS FOLLOWS:
(SALARY SCHEDULE OMITTED 88 STAT. 1036)
(2) THE SECOND SENTENCE OF SECTION 202 OF THAT ACT (D.C. CODE, SEC.
4 - 825) "86 STAT. 636." IS AMENDED TO READ AS FOLLOWS: "THE ADDITIONAL
COMPENSATION AUTHORIZED BY THIS SECTION SHALL BE PAID TO AN OFFICER OR
MEMBER IN THE SAME MANNER AS HE IS PAID BASIC COMPENSATION TO WHICH HE
IS ENTITLED, EXCEPT THAT WHEN SUCH AN OFFICER OR MEMBER CEASES TO BE IN
SUCH AN ASSIGNMENT, THE LOSS OF SUCH ADDITIONAL COMPENSATION SHALL NOT
CONSTITUTE AN ADVERSE ACTION FOR THE PURPOSES OF SECTION 7511 OF TITLE 5
OF THE UNITED STATES CODE.". //80 STAT. 528.//
(3) SECTION 202 OF THAT ACT (D.C. CODE, SEC. 4 - 825) IS FURTHER
AMENDED BY STRIKING OUT "$2100" AND INSERTING IN LIEU THEREOF "$2270".
(4) SECTION 301 OF THAT ACT (D.C. CODE, SEC. 4 - 827) "72 STAT.
483." IS AMENDED BY (A) STRIKING OUT "ALL" AND INSERTING IN LIEU THEREOF
"(A) EXCEPT AS PROVIDED IN SUBSECTION (B), ALL", AND (B) BY ADDING AT
THE END THEREOF THE FOLLOWING:
"(B) ANY OFFICER OR MEMBER OF THE METROPOLITAN POLICE FORCE, THE FIRE
DEPARTMENT OF THE DISTRICT OF COLUMBIA, THE EXECUTIVE PROTECTIVE
SERVICE, OR THE UNITED STATES PARK POLICE FORCE WHO SEPARATES FROM THAT
FORCE, DEPARTMENT, OR SERVICE, AND WHO IS SUBSEQUENTLY REAPPOINTED TO
SUCH FORCE, DEPARTMENT, OR SERVICE WITHIN THREE YEARS AFTER THE DATE OF
SUCH SEPARATION SHALL RECEIVE ANY SCHEDULED RATE OF BASIC COMPENSATION
PROVIDED IN SALARY CLASS 1 OF THE SALARY SCHEDULE IN SECTION 101 (A)
//ANTE, P. 1036.// WHICH DOES NOT EXCEED THE SCHEDULED RATE OF BASIC
COMPENSATION BEING PAID AT THE TIME OF SUCH REAPPOINTMENT FOR THE CLASS
AND SERVICE STEP HE HAD ATTAINED AT THE TIME OF HIS SEPARATION. FOR
PURPOSES OF THIS SUBSECTION, NO ADDITIONAL COMPENSATION AUTHORIZED BY
THIS ACT SHALL BE USED IN DETERMINING SERVICE STEP PLACEMENT.".
(5) SECTION 302 OF THAT ACT (D.C. CODE, SEC. 4 - 828) "86 STAT.
636." IS AMENDED TO READ AS FOLLOWS: AN OFFICER OR MEMBER DESCRIBED IN
PARAGRAPH (1) (B) SHALL RECEIVE SUCH COMPENSATION UNTIL THE POSITION OF
DOG HANDLER IS DETERMINED UNDER SECTION (A) NOT TO BE INCLUDED IN SALARY
CLASS 4 AS A TECHNICIAN'S POSITION OR UNTIL HE NO LONGER PERFORMS THE
DUTY OF DOG HANDLER, WHICHEVER FIRST OCCURS.".
(6) SECTION 302 OF THAT ACT (D.C. CODE, SEC. 4 - 828 IS FURTHER
AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING:
"(E) WHENEVER ANY OFFICER OR MEMBER RECEIVING ADDITIONAL COMPENSATION
AUTHORIZED BY SUBSECTION (B) OR (C) IS NO LONGER ENTITLED TO RECEIVE
SUCH ADDITIONAL COMPENSATION, WITHOUT A CHANGE IN SALARY CLASS, HE SHALL
RECEIVE, IRRESPECTIVE OF ANY SUBSEQUENT SALARY SCHEDULE OR SERVICE STEP
ADJUSTMENT AUTHORIZED BY THIS ACT, BASIC COMPENSATION EQUAL TO THE SUM
OF HIS EXISTING SCHEDULED RATE OF BASIC COMPENSATION AND THE AMOUNT OF
SUCH ADDITIONAL COMPENSATION UNTIL HIS SCHEDULE RATE OF BASIC
COMPENSATION EQUALS OR EXCEEDS SUCH SUM.
"(F) THE LOSS OF THE ADDITIONAL COMPENSATION AUTHORIZED BY SUBSECTION
(B) OR (C) SHALL NOT CONSTITUTE AN ADVERSE ACTION FOR THE PURPOSES OF
SECTION 7511 OF TITLE 5 OF THE UNITED STATES CODE." "80 STAT. 528."
(7) SECTION 302 OF THAT ACT (D.C. CODE, SEC. 4 - 828) IS FURTHER
AMENDED (1) BY STRIKING OUT "$680" IN SUBSECTION (A) THEREOF AND
INSERTING IN LIEU THEREOF "$735", AND (2) BY STRIKING OUT "$500" EACH
TIME IT APPEARS IN SUBSECTION (C) THEREOF AND INSERTING IN LIEU THEREOF
"$540".
(8) SECTION 401 (A) (2) OF THAT ACT (D.C. CODE, 4 - 832(A) (2)) "86
STAT. 638." IS AMENDED TO READ AS FOLLOWS:
"(2) FOR PURPOSE OF PARAGRAPH (1), CONTINUOUS SERVICE AS AN OFFICER
OR MEMBER INCLUDES ONLY THOSE PERIODS OF HIS SERVICE DETERMINED TO HAVE
BEEN SATISFACTORY SERVICE AND ANY PERIOD OF HIS SERVICE IN THE ARMED
FORCES OF THE UNITED STATES OTHER THAN ANY PERIOD OF SUCH SERVICE (A)
DETERMINED NOT TO HAVE BEEN SATISFACTORY SERVICE, (B) RENDERED BEFORE
APPOINTMENT AS AN OFFICER OR MEMBER, OR (C) RENDERED AFTER RESIGNATION
AS AN OFFICER OR MEMBER.".
(9) THE SECOND SENTENCE OF SECTION 401 (C) OF THAT ACT (D.C. CODE,
SEC. 4 - 832(C)) IS AMENDED TO READ AS FOLLOWS: "FOR PURPOSES OF THIS
SUBSECTION, IN COMPUTING A DEPUTY CHIEF'S CONTINUOUS SERVICE ON THE
POLICE FORCE OR FIRE DEPARTMENT, THERE SHALL BE INCLUDED ONLY THOSE
PERIODS OF HIS SERVICE DETERMINED TO HAVE BEEN SATISFACTORY SERVICE AND
ANY PERIOD OF HIS SERVICE IN THE ARMED FORCES OF THE UNITED STATES OTHER
THAN ANY PERIOD OF SUCH SERVICE--,
"(1) DETERMINED NOT TO HAVE BEEN SATISFACTORY SERVICE,
"(2) RENDERED BEFORE APPOINTMENT AS AN OFFICER OR MEMBER, OR
"(3) RENDERED AFTER RESIGNATION AS AN OFFICER OR MEMBER.".
(B) EACH OFFICER OR MEMBER WHO IMMEDIATELY PRIOR TO THE EFFECTIVE
DATE OF THE AMENDMENT MADE BY PARAGRAPH (1) OF SUBSECTION (A) WAS
ASSIGNED TO SERVICE STEP 1, SERVICE 2, OR SERVICE STEP 3 OF SALARY CLASS
2 SHALL BE PLACED IN AND RECEIVE BASIC COMPENSATION IN SERVICE STEP 4 OF
SALARY CLASS 2. "D.C. CODE 4 - 823 NOTE."
SEC. 102. THE SECOND SECTION OF THE ACT APPROVED OCTOBER 21, 1951
(D.C. CODE, SEC. 4 - 808) "65 STAT. 607; 72 STAT. 378." IS AMENDED BY
STRIKING OUT "THE 22D DAY OF FEBRUARY", "THE 30TH DAY OF MAY", AND "THE
11TH DAY OF NOVEMBER", AND INSERTING IN LIEU THEREOF "THE THIRD MONDAY
IN FEBRUARY", "THE LAST MONDAY IN MAY", "THE SECOND MONDAY IN OCTOBER",
AND "THE FOURTH MONDAY IN OCTOBER".
SEC. 103. (A) EXCEPT AS PROVIDED IN SUBSECTIONS (B) AND (C), THE
AMENDMENTS MADE BY THIS TITLE AND SUBSECTION (B) "D.C. CODE 4 - 823
NOTE." OF THE FIRST SECTION SHALL TAKE EFFECT ON AND AFTER THE FIRST DAY
OF THE FIRST PAY PERIOD BEGINNING ON OR AFTER JULY 1, 1974.
(B) THE AMENDMENT MADE BY PARAGRAPH (6) OF SECTION 101 SHALL TAKE
EFFECT ON AND AFTER THE FIRST DAY OF THE FIRST PAY PERIOD BEGINNING ON
OR AFTER JANUARY 1, 1974.
(C) THE AMENDMENTS MADE BY PARAGRAPHS (8) AND (9) OF SECTION 101
SHALL TAKE EFFECT ON AND AFTER THE FIRST DAY OF THE FIRST PAY PERIOD
BEGINNING ON OR AFTER MAY 1, 1972.
SEC. 104. (A) RETROACTIVE COMPENSATION OR SALARY SHALL BE PAID BY
REASON OF THE AMENDMENTS MADE BY THIS TITLE ONLY IN THE CASE OF AN
INDIVIDUAL IN THE SERVICE OF THE DISTRICT OF COLUMBIA GOVERNMENT OR OF
THE UNITED STATES (INCLUDING SERVICE IN THE ARMED FORCES OF THE UNITED
STATES) ON THE DATE OF ENACTMENT OF THIS ACT. "D.C. CODE 4 - 832 NOTE."
EXCEPT THAT SUCH RETROACTIVE COMPENSATION OR SALARY SHALL BE PAID (1) TO
AN OFFICER OR MEMBER OF THE METROPOLITAN POLICE FORCE, THE FIRE
DEPARTMENT OF THE DISTRICT OF COLUMBIA, THE UNITED STATES PARK POLICE
FORCE, OR THE EXECUTIVE PROTECTIVE SERVICE WHO RETIRED DURING THE PERIOD
BEGINNING ON THE FIRST DAY OF THE FIRST PAY PERIODWHICH BEGINS ON OR
AFTER JULY 1, 1974, AND ENDING ON THE DATE OF ENACTMENT OF THIS ACT FOR
SERVICES RENDERED DURING SUCH PERIOD, AND (2) IN ACCORDANCE WITH THE
PROVISIONS OF SUBCHAPTER 8 OF CHAPTER 55 OF TITLE 5, UNITED STATES CODE
//80 STAT. 495; 82 STAT. 1212, 5 USC 5581.// (RELATING TO SETTLEMENT OF
ACCOUNTS OF DECEASED EMPLOYEES), FOR SERVICES RENDERED DURING THE PERIOD
BEGINNING ON THE FIRST DAY OF THE FIRST PAY PERIOD WHICH BEGINS ON OR
AFTER JULY 1, 1974, AND ENDING ON THE DATE OF ENACTMENT OF THIS ACT, BY
AN OFFICER OR MEMBER WHO DIES DURING SUCH PERIOD.
(B) FOR THE PURPOSES OF THIS SECTION, SERVICE IN THE ARMED FORCES OF
THE UNITED STATES, IN THE CASE OF AN INDIVIDUAL RELIEVED FROM TRAINING
AND SERVICE IN THE ARMED FORCES OF THE UNITED STATES OR DISCHARGED FROM
HOSPITALIZATION FOLLOWING SUCH TRAINING AND SERVICE, SHALL INCLUDE THE
PERIOD PROVIDED BY LAW FOR THE MANDATORY RESTORATION OF SUCH INDIVIDUAL
TO A POSITION IN OR UNDER THE FEDERAL GOVERNMENT OR THE MUNICIPAL
GOVERNMENT OF THE DISTRICT OF COLUMBIA.
(C) FOR THE PURPOSE OF DETERMINING THE AMOUNT OF INSURANCE FOR WHICH
AN OFFICER OR MEMBER IS ELIGIBLE UNDER THE PROVISIONS OF CHAPTER 87 OF
TITLE 5, UNITED STATES CODE //80STAT. 592; 81 STAT. 646, 5 USC 8701.//
(RELATING TO GOVERNMENT EMPLOYEES GROUP LIFE INSURANCE), ALL CHANGES IN
RATES OF COMPENSATION OR SALARY WHICH RESULT FROM THE ENACTMENT OF THIS
TITLE SHALL BE HELD AND CONSIDERED TO BE EFFECTIVE AS OF JULY 1, 1974.
SEC. III. (A) THE COMMISSIONER OF THE DISTRICT OF COLUMBIA, AND
AFTER JANUARY 2, 1975, THE MAYOR OF THE DISTRICT OF COLUMBIA, SHALL
ANNUALLY CONDUCT A THOROUGH STUDY OF THE COMPENSATION BEING PAID
OFFICERS AND MEMBERS OF THE POLICE AND FIRE DEPARTMENTS OF OTHER
JURISDICTIONS IN THE WASHINGTON METROPOLITAN AREA AND OTHER CITIES OF
COMPARABLE SIZE. "D.C. CODE 4 - 838." THE ANNUAL STUDY MAY INCLUDE
OTHER CONDITIONS OF EMPLOYMENT OF POLICE AND FIREMEN, SUCH HOURS OF
WORK, HEALTH BENEFITS, RETIREMENT BENEFITS, SICK PAY, AND VACATION TIME.
THE ANNUAL STUDY SHALL ALSO INCLUDE THE CURRENT PERCENTAGE CHANGE IN
THE CONSUMER PRICE INDEX FOR THE WASHINGTON METROPOLITAN AREA PUBLISHED
BY THE BUREAU OF LABOR STATISTICS, DEPARTMENT OF LABOR, AND RATES OF
COMPENSATION FOR FEDERAL AND DISTRICT OF COLUMBIA EMPLOYEES HAVING
COMPARABLE DUTIES AND RESPONSIBILITIES.
(B) (1) IN ORDER TO CONDUCT THE ANNUAL STUDY SPECIFIED IN SUBSECTION
(A), THE COMMISSIONER, OR THE MAYOR, AS THE CASE MAY BE, SHALL ESTABLISH
A CITY PERSONNEL SALARY AND BENEFITS STUDY COMMITTEE WHOSE SOLE FUNCTION
SHALL BE TO CONDUCT SUCH ANNUAL STUDY. THE SIZE OF THE COMMITTEE SHALL
BE DETERMINED BY THE COMMISSIONER, OR THE MAYOR, AS THE CASE MAY BE, WHO
SHALL APPOINT THE MANAGEMENT MEMBERS OF THE COMMITTEE. EACH LABOR
ORGANIZATION OR OTHER ASSOCIATION OR GROUP WHICH HAS BEEN SELECTED TO
REPRESENT THE OFFICERS AND MEMBERS OF THE METROPOLITAN POLICE FORCE AND
THE FIRE DEPARTMENT OF THE DISTRICT OF COLUMBIA SHALL SELECT
REPRESENTATIVES OF THEIR RESPECTIVE LABOR ORGANIZATIONS OR OTHER
ASSOCIATION OR GROUP TO BE MEMBERS OF THE LABOR-MANAGEMENT COMMITTEE.
(2) THE NUMBER OF MANAGEMENT MEMBERS AND THE NUMBER OF MEMBERS
REPRESENTING THE LABOR ORGANIZATIONS OR OTHER ASSOCIATIONS OR GROUPS ON
THE LABOR-MANAGEMENT COMMITTEE SHALL BE EQUAL. THE CHAIRMAN OF THE
LABOR MANAGEMENT COMMITTEE SHALL BE CHOSEN BY MEMBERS OF THE COMMITTEE,
AND SHALL NOT BE AN OFFICER OR EMPLOYEE OF THE DISTRICT OF COLUMBIA
GOVERNMENT OR A MEMBER OR EMPLOYEE OF A LABOR ORGANIZATION OR OTHER
ASSOCIATION OR GROUP REPRESENTED ON THE COMMITTEE. IF THE COMMITTEE HAS
NOT CHOSEN A CHAIRMAN WITHIN 10 DAYS AFTER THE DATE OF THE FIRST MEETING
OF THE COMMITTEE, THEN THE CHAIRMAN SHALL BE CHOSEN BY THE DIRECTOR OF
THE FEDERAL MEDIATION AND CONCILIATION SERVICE.
(C) ON OR BEFORE JUNE 30 OF EACH YEAR, THE RESULTS OF THE ANNUAL
STUDY SHALL BE MADE PUBLIC AND SHALL BE AVAILABLE TO THE PARTIES
INVOLVED IN NEGOTIATIONS BETWEEN THE DISTRICT OF COLUMBIA AND
REPRESENTATIVES OF THE OFFICERS AND MEMBERS OF THE METROPOLITAN POLICE
FORCE AND THE FIRE DEPARTMENT OF THE DISTRICT OF COLUMBIA UNDER THE
DISTRICT OF COLUMBIA LABOR RELATIONS PROGRAM. THE RESULTS OF SUCH
ANNUAL STUDY SHALL ALSO FORM THE BASIS FOR CONSIDERATION OF ADJUSTMENTS
IN PAY LEVELS FOR OFFICERS OF THE METROPOLITAN POLICE FORCE AND THE FIRE
DEPARTMENT OF THE DISTRICT OF COLUMBIA WHOSE COMPENSATION IS ADJUSTED IN
A MANNER WHICH IS OUTSIDE THE SCOPE OF THE NEGOTIATIONS REFERRED TO IN
THE FIRST SENTENCE OF THIS SUBSECTION.
SEC. 112. (A) IF AFTER JANUARY 2, 1975, AS A RESULT OF COLLECTIVE
BARGAINING THE PARTIES HAVE REACHED A NEGOTIATED SOLUTION WITH RESPECT
TO CHANGES IN COMPENSATION FOR OFFICERS AND MEMBERS OF THE POLICE AND
FIRE DEPARTMENTS, THE MAYOR SHALL RECOMMEND TO THE COUNCIL OF THE
DISTRICT OF COLUMBIA THAT SAID CHANGES SHOULD BE AUTHORIZED AND THAT THE
CONGRESS SHALL BE REQUESTED TO APPROPRIATE SUFFICIENT FUNDS FOR THAT
PURPOSE. "D.C. CODE 4 - 839." THE FIRST RECOMMENDATION MADE BY THE
MAYOR UNDER THIS SUBSECTION SHALL BE MADE BY NO LATER THAN OCTOBER 1,
1975.
(B) THE RECOMMENDATIONS SUBMITTED BY THE MAYOR UNDER SUBSECTION (A)
SHALL BE CONSIDERED A LABOR-MANAGEMENT ISSUE FOR THE PURPOSES OF
SUBSECTION (C).
(C) IF THE PARTIES HAVE REACHED AN IMPASSE IN NEGOTIATIONS ON OR
BEFORE THE EXPIRATION DATE OF THEIR EXISTING COLLECTIVE BARGAINING
AGREEMENTS, EITHER PARTY SHALL PROMPTLY NOTIFY THE DIRECTOR OF THE
FEDERAL MEDIATION AND CONCILIATION SERVICE IN WRITING. HE SHALL ASSIST
IN THE RESOLUTION OT THAT IMPASSE BY SELECTING AN IMPARTIAL PERSON
EXPERIENCED IN PUBLIC SECTOR DISPUTES TO SERVE AS A MEDIATOR. IF
MEDIATION DOES NOT RESOLVE THE IMPASSE WITHIN THIRTY DAYS, OR ANY
SHORTER PERIOD DESIGNATED BY THE MEDIATOR, THE DIRECTOR SHALL, ONLY UPON
THE REQUEST OF EITHER PARTY, THEN APPOINT ANIMPARTIAL BOARD OF
ARBIRTATION TO INVESTIGATE THE LABOR-MANAGEMENT ISSUES INVOLVED IN THE
DISPUTE, CONDUCT WHATEVER HEARING IT DEEMS NECESSARY, AND TO ISSUE A
WRITTEN AWARD TO THE PARTIES WITH THE OBJECT OF ACHIEVING A PROMPT,
PEACEFUL, AND FAIR SETTLEMENT OF THE DISPUTE. THE AWARD SHALL BE ISSUED
WITHIN TWENTY DAYS AFTER THE BOARD HAS BEEN ESTABLISHED. THE AWARD
SHALL CONTAIN FINDINGS OF FACT AND A STATEMENT OF REASONS. THE AWARD
SHALL BE FINAL AND BINDING UPON THE PARTIES TO THE DISPUTE.
(D) IF THE PROCEDURES SET FORTH IN SUBSECTION (C) AR IMPLEMENTED, NO
CHANGE IN THE STATUS QUO IN EFFECT PRIOR TO CONTRACT EXPIRATION DATE IN
THE CASE OF NEGOTIATIONS FOR A CONTRACT RENEWAL, OR IN EFFECT PRIOR TO
THE TIME IMPASSE IN THE CASE OF AN INITIAL BARGAINING NEGOTIATION, SHALL
BE MADE PENDING THE COMPLETION OF MEDIATION AND/OR ARBITRATION.
(E) THE FACTFINDER, MEDIATOR, AND ANY MEMBERS OF THE BOARD OF
ARBITRATION APPOINTED BY THE DIRECTOR OF THE FEDERAL MEDIATION AND
CONCILIATION SERVICE SHALL BE ENTITLED TO COMPENSATION AT THE MAXIMUM
DAILY RATE ALLOWABLE BY LAW FOR EACH DAY THEY ARE ACTUALLY ENGAGED IN
PERFORMING SERVICES UNDER THIS SECTION.
SEC. 121. (A) SUBSECTION (A) OF THE POLICEMEN AND FIREMEN'S
RETIREMENT AND DISABILITY ACT (D.C. CODE, SEC. 4 - 521) "71 STAT. 391."
IS AMENDED BY ADDING AFTER PARAGRAPH (16) THE FOLLOWING NEW PARAGRAPH:
"(17) THE TERM 'AVERAGE PAY' MEANS THE HIGHEST ANNUAL RATE RESULTING
FROM AVERAGING THE MEMBER'S RATES OF BASIC SALARY IN EFFECT OVER ANY
TWELVE CONSECUTIVE MONTHS OF POLICE OR FIRE SERVICE, WITH EACH RATE
WEIGHTED BY THE TIME IT WAS IN EFFECT, EXCEPT THAT IF THE MEMBER RETIRES
UNDER SUBSECTION (G) AND IF ON THE DATE OF HIS RETIREMENT UNDER THE
SUBSECTION HE HAS NOT COMPLETED TWELVE CONSECUTIVE MONTHS OF POLICE OR
FIRE SERVICE, SUCH TERM MEANS HIS BASIC SALARY AT THE TIME OF HIS
RETIREMENT."
(B) (1) SUBSECTION (F), (G), AND (H) OF THAT ACT (D.C. CODE, SECS. 4
- 526--4 - 528) "STAT. 1133, 84STAT. 1137." ARE EACH AMENDED BY STRIKING
OUT "HIS BASIC SALARY AT THE TIME OF RETIREMENT" EACH PLACE IT OCCURS
AND INSERTING IN LIEU THEREOF "HIS AVERAGE PAY".
(2) SUBSECTION (G) (2) AND (H) (1) OF THAT ACT ARE EACH AMENDED BY
STRIKING OUT "HIS BASIC SALARY AT THE TIME OF RETIREMENT" AND INSERTING
IN LIEU THEREOF "HIS AVERAGE PAY".
(3) SUBSECTION (H) (3) OF THAT ACT IS AMENDED BY STRIKING OUT "THE
BASIC SALARY OF SUCH MEMBER AT THE TIME OF RETIREMENT" AND INSERTING IN
LIEU THEREOF "THE AVERAGE PAY OF SUCH MEMBER".
(4) SUBSECTION (K) (2) OF THA ACT (D.C. CODE, SEC. 4 - 531) IS
AMENDED BY (1) STRIKING OUT "BASIC SALARY" AND INSERITNG IN LIEU THEREOF
"AVERAGE PAY" AND (2) STRIKING OUT, "SUBCLASS (A)," AND INSERTING IN
LIEU THEREOF "OF SALARY".
(5) SUBSECTION (K) (3) OF THAT ACT (D.C. CODE, SEC. 4 - 531) IS
AMENDED BY STRIKING OUT "BASIC SALARY" EACH PLACE IT OCCURS AND
INSERTING IN LIEU THEREOF "AVERAGE PAY".
(C) SUBSECTION (G) OF THAT ACT (D.C. CODE, SEC. 4 - 527 IS AMENDED BY
ADDING AT THE END THEREOF THE FOLLOWING NEW PARAGRAPH:
"(3) A MEMBER SHALL BE RETIRED UNDER THIS SUBSECTION ONLY UPON THE
RECOMMENDATION OF THE BOARD OF POLICE AND FIRE SURGEONS AND THE
CONCURRENCE THEREIN BY THE COMMISSIONER,EXCEPT THAT IN ANY CASE IN WHICH
A MEMBER SEEKS HIS OWN RETIREMENT UNDER THIS SUBSECTION, HE SHALL, IN
THE ABSENCE OF SUCH RECOMMENDATION, PROVIDE THE NECESSARY EVIDENCE TO
FORM THE BASIS FOR THE APPROVAL OF SUCH RETIREMENT BY THE
COMMISSIONER.".
(D) (1) SUBSECTION (A) (3) OF THAT ACT (D.C. CODE, SEC. 4 - 521(3))
"84 STAT. 1392." IS AMENDED TO READ AS FOLLOWS:
"(3) THE TERM 'WIDOW' MEANS THE SURVIVING WIFE OF A MEMBER OR FORMER
MEMBER IF--,
"(A) SHE WAS MARRIED TO SUCH MEMBER OR FORMER MEMBER (I) WHILE
HE WAS A MEMBER, OR (II) FOR AT LEAST ONE YEAR IMMEDIATELY
PRECEDING HES DEATH, OR
"(B) SHE IS THE MOTHER OF ISSUE BY SUCH MARRIAGE."
(2) THE AMENDMENT MADE BY PARAGRAPH (1) SHALL APPLY WITH RESPECT TO
ANY SURVIVING WIFE OF A MEMBER (AS THAT TERM IS DEFINED IN SUBSECTION
(A) (1) OF THE POLICEMEN AND FIREMEN'S RETIREMENT AND DISABILITY ACT "71
STAT. 391." OR FORMER MEMBER IRRESPECTIVE OF WHETHER SUCH WIFE BECAME A
WIDOW (AS THAT TERM IS DEFINED IN SUCH AMENDMENT) PRIOR TO, ON, OR AFTER
THE DATE OF THE ENACTMENT OF THIS ACT, EXCEPT THAT NO ANNUITY SHALL BE
PAID BY REASON OF THE AMENDMENT MADE BY PARAGRAPH (1) FOR ANY PERIOD
PRIOR TO THE FIRST DAY OF THE FIRST PERIOD BEGINNING ON OR AFTER JULY 1,
1974. "D.C. CODE 4 - 521 NOTE."
SEC. 122. (A) IN ORDER TO CARRY OUT HIS RESPONSIBILITIES UNDER THE
POLICEMEN AND FIREMEN'S RETIREMENT AND DISABILITY ACT (D.C. CODE, SECS.
4 - 521 ET SEQ.) "39 STAT. 676." WITH RESPECT TO RETIREMENT AND
DISABILITY DETERMINATIONS, AND RELATED FUNCTIONS, THE COMMISSIONER OF
THE DISTRICT OF COLUMBIA SHALL ESTABLISH A POLICE AND FIREMEN'S
RETIREMENT AND RELIEF BOARD (HEREINAFTER IN THIS SECTION REFFERED TO AS
THE "BOARD". "D.C. CODE 4 - 533A." THE BOARD SHALL BE COMPOSED OF--,
(1) MEMBERS AND ALTERNATES APPOINTED FROM AMONG PERSONS WHO ARE
EMPLOYEES OF THE DISTRICT OF COLUMBIA, ONE MEMBER AND ALTERNATE
EACH FROM THE DISTRICT OF COLUMBIA PERSONNEL OFFICE, CORPORATION
COUNSEL, DEPARTMENT OF HUMAN RESOURCES, METORPOLITAN POLICE FORCE,
AND THE FIRE DEPARTMENT OF THE DISTRICT OF COLUMBIA; AND
(2) TWO MEMBERS, ONE OF WHOM SHALL BE A PHYSICIAN, APPOINTED
FROM AMONG PERSONS WHO ARE NOT OFFICERS OR EMPLOYEES OF THE
DISTRICT OF COLUMBIA.
THE MEMBER, AND ALTERNATE, APPOINTED TO THE BOARD FROM AMONG EMPLOYEES
OF THE DEPARTMENT OF HUMAN RESOURCES SHALL BOTH BE MEDICAL OFFICERS.
ALL APPOINTMENTS SHALL BE MADE BY THE COMMISSIONER.
(B) THE MEMBERS APPOINTED UNDER SUBSECTION (A) (2) SHALL BE APPOINTED
FOR TWO YEARS, AND SHALL BE ENTITLED TO RECEIVE COMPENSATION FOR EACH
DAY THEY ARE ACTUALLY ENGAGED IN CARRYING OUT DUTIES VESTED IN THE BOARD
IN THE SAME MANNER AS PERSONS EMPLOYED INTERMITTENTLY UNDER SECTION 3109
OF TITLE 5 OF THE UNITED STATES CODE. "80 STAT. 416." SUCH MEMBERS
SHALL BE APPOINTED WITHIN NINETY DAYS AFTER THE DATE OF ENACTMENT OF
THIS TITLE.
(C) THE COMMISSIONER SHALL ESTABLISH RULES FOR THE BOARD TO ASSURE
THAT THE BOARD FUNCTIONS FAIRLY AND EQUITABLY. THE COMMISSIONER SHALL
PROVIDE THE STAFF NECESSARY FOR THE BOARD.
SEC. 123. SUBSECTION (M) (2) OF THE POLICEMEN AND FIREMEN'S
RETIREMENT AND DISABILITY ACT (D.C. CODE, SEC. 4 - 533(2)) "86 STAT.
642." IS AMEMDED BY INSERTING AT THE END THEREOF "THE COMMISSIONER SHALL
NOT REQUIRE EMPLOYMENT QUESTIONNAIRES OR THE MEDICAL EXAMINATION OF SUCH
MEMBER AFTER HE REACHES THE AGE OF 50.".
SEC. 124. (A) THE AMENDMENTS MADE BY SUBSECTIONS (A), (B), AND (D)
OF SECTION 121 SHALL APPLY WITH RESPECT TO ANY ANNUITY WHICH BEGINS ON
OR AFTER JULY 1, 1975. "D.C. CODE 4 - 521 NOTE."
(B) THE AMENDMENTS MADE BY SUBSECTION (C) OF SECTION 121 SHALL TAKE
EFFECT ON THE FIRST DAY OF THE FIRST PAY PERIOD BEGINNING MORE THAN
THIRTY DAYS AFTER THE DATE OF ENACTMENT OF THIS TITLE.
(C) SECTION 122 SHALL TAKE EFFECT ON THE DATE OF ENACTMENT OF THIS
TITLE.
SEC. 201. THIS TITLE MAY BE CITED AS THE "TEACHERS' SALARY ACT
AMENDMENTS OF 1974".
SEC. 202. THE DISTRICT OF COLUMBIA TEACHERS' SALARY ACT OF 1955 (D.
C. CODE, SEC. 31 - 1501 ET SEQ.) "D.C. CODE 31 - 1501 NOTE." IS AMENDED
TO READ AS FOLLOWS:
(1) EFFECTIVE ON THE FIRST DAY OF THE FIRST PAY PERIOD BEGINNING ON
OR AFTER SEPTEMBER 1, 1974, THE SALARY SCHEDULE CONTAINED IN SECTION 1
OF THE ACT (D.C. CODE, SEC. 31 - 1501) "86 STAT. 1005." IS AMENDED TO
READ AS FOLLOWS: PROVIDED, HOWEVER, THAT SALARY PAID TO CLASS 1A SHALL
NOT EXCEED THE AMOUNT PAYABLE TO LEVEL III OF THE EXECUTIVE SCHEDULE "83
STAT. 863, 5 USC 5314." AND THAT THE SALARY PAID TO ANY OTHER CLASS
SHALL NOT EXCEED THE AMOUNT PAYABLE TO LEVEL V OF THE EXECUTIVE
SCHEDULE: "5 USC 5315." (TEACHERS AND SCHOOL OFFICERS SALARY SCHEDULE
OMITTED 88 STAT. 1043 - 88 STAT. 1044.)
(2) EFFECTIVE ON THE FIRST DAY OF THE FIRST PAY PERIOD BEGINNING ON
OF AFTER JANUARY 1, 1975, THAT SALARY SCHEDULE IS AMENDED TO READ AS
FOLLOWS, "ANTE, P. 1042." EXCEPT THAT SALARY PAID TO CLASS 1A SHALL NOT
EXCEED THE AMOUNT PAYABLE TO LEVEL III OF THE EXECUTIVE SCHEDULE "83
STAT. 863, 5 USC 5314." AND THAT THE SALARY PAID TO ANY OTHER CLASS
SHALL NOT EXCEED THE AMOUNT PAYABLE TO LEVEL V OF THE EXECUTIVE
SCHEDULE: "5 USC 5315." (TEACHERS AND SCHOOL OFFICERS SALARY SCHEDULE
OMITTED 88 STAT. 1046 - 88 STAT. 1048.)
(3) EFFECTIVE ON THE FIRST DAY OF THE FIRST PAY PERIOD BEGINNING ON
OR AFTER SEPTEMBER 1, 1975, THE SCHEDULE OF PAY RATES IN SECTION 13 (A)
OF THAT ACT (D.C. SEC. 31 - 1542(A)) "86 STAT. 1008." IS AMENDED TO READ
AS FOLLOWS: (TABLE OMITTED 88 STAT. 1049)
(4) EFFECTIVE ON THE FIRST DAY OF THE FIRST PAY PERIOD BEGINNING ON
OR AFTER JANUARY 1, 1975, THAT SCHEDULE OF PAY RATES IS AMENDED TO READ
AS FOLLOWS: (SUMMER SCHOOL TEACHERS AND ADULT EDUCATION SCHOOLS SALARY
SCHEDULE OMITTED 88 STAT. 1049)
SEC. 203. BEGINNING WITH THE CALENDAR YEAR 1975, THE DISTRICT OF
COLUMBIA BOARD OF EDUCATION SHALL, BY MARCH 1 OF EACH YEAR, SUBMIT TO
THE MAYOR OF THE DISTRICT OF COLUMBIA THE -- "D.C. CODE 31 - 1501A."
(A) PERCENTAGE RATE OF THE COST-OF-LIVING CHANGE SINCE THE
EFFECTIVE DATE OF THE LAST INCREASE OF THE COMPENSATION SCHEDULE
FOR EDUCATIONAL PERSONNEL IN THE DISTRICT OF COLUMBIA; AND
(B) RESULTS OF A STUDY COMPARING COMPENSATION OF TEACHERS IN
THE DISTRICT OF COLUMBIA WITH (1) TEACHERS IN CITIES OF COMPARABLE
SIZE, AND (2) TEACHERS WITHIN OTHER JURISDICTIONS OF THE
WASHINGTON METROPOLITAN AREA.
THE MAYOR SHALL SUBMIT THE INFORMATION SUBMITTED TO HIM BY THE BOARD
UNDER THIS SECTION TO THE COUNCIL OF THE DISTRICT OF COLUMBIA ALONG WITH
HIS RECOMMENDATIONS WITH RESPECT TO COMPENSATION (AND OTHER RELATED
MATTERS) OF EDUCATIONAL PERSONNEL OF THE BOARD.
SEC. 204. "D.C. CODE 31 - 1513." (A) EACH PERSON RECEIVING BASIC
COMPENSATION UNDER CLASS 15 OF THE SALARY SCHEDULE IN SECTION 1(A) OF
THE DISTRICT OF COLUMBIA TEACHER'S SALARY ACT OF 1955 (D.C. CODE, SEC.
31 - 1501) "ANTE, P. 1045." SHALL BE ISSUED A FIVE-YEAR TEACHING
CERTIFICATE. RENEWALS SHALL BE DEPENDENT UPON APPLICATION AND SIX OR
MORE HOURS OF APPROPRIATE CREDIT EARNED DURING THE PRECEDING FIVE-YEAR
PERIOD. THE DISTRICT OF COLUMBIA BOARD OF EDUCATION SHALL ESTABLISH
APPROPRIATE RULES, REGULATIONS, AND REQUIREMENTS TO CARRY OUT THE
PURPOSES OF THIS SECTION.
(B) FOR THE PURPOSES OF THIS SECTION,CLASS 15, GROUP B, SHALL INCLUDE
PERSONS POSSESSING A MASTER'S DEGREE OR THIRTY APPROPRIATE SEMESTER
HOURS BEYOND THE BACHELOR'S DEGREE.
(C) FOR PURPOSES OF IMPLEMENTING THIS SECTION THE BOARD SHALL
DETERMINE THE APPROPRIATENESS OF THE COURSE WORK OBTAINED IN LIEU OF THE
DEGREE.
SEC. 205. (A) SECTION 2(A) OF THE DISTRICT OF COLUMBIA TEACHERS'
SALARY ACT OF 1955 (D.C. CODE, SEC. 31 - 1511(A)) "86 STAT. 1009." IS
AMENDED BY STRIKING OUT "(D) ATTENDANCE OFFICER, OR (E) CHILD LABOR
INSPECTOR," AND INSERTING "OR" AFTER "TACTICS," IN PARAGRAPH (B).
(B) THE EMPLOYEES IN THE CATEGORY REPEALED BY THE AMENDMENT MADE BY
SUBSECTION (A) SHALL MEET THE GENERAL REQUIREMENTS OF SUCH SECTION 2(
A). "D.C. CODE 31 - 1511 NOTE."
(C) THE AMENDMENT MADE BY SUBSECTION (A) SHALL BE EFFECTIVE ON AND
AFTER THIS DATE OF ENACTMENT OF THIS ACT.
SEC. 301. SECTION 5 OF THE ACT ENTITLED "AN ACT FOR THE RETIREMENT
OF PUBLIC SCHOOL TEACHERS IN THE DISTRICT OF COLUMBIA", APPROVED AUGUST
7, 1946 (D.C. CODE, SEC. 31 - 725) "66 STAT. 17; 86 STAT. 1013." IS
AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING:
"(E) (1) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, OTHER THAN
THIS SUBSECTION, THE MONTHLY RATE OF ANNITY PAYABLE UNDER THIS SECTION
SHALL NOT BE LESS THAN THE SMALLEST PRIMARY INSURANCE AMOUNT, INCLUDING
ANY COST-OF-LIVING INCREASE ADDED TO THAT AMOUNT, AUTHORIZED TO BE PAID
FROM TIME TO TIME UNDER TITLEII OF THE SOCIAL SECURITY ACT. "42 USC
401."
"(2) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, OTHER THAN THIS
SUBSECTION, THE MONTHLY RATE OF ANNUITY PAYABLE UNDER THIS SECTION TO A
SURVIVING CHILD SHALL NOT BE LESS THAN THE SMALLEST PRIMARY INSURANCE
AMOUNT, INCLUDING ANY COST-OF-LIVING INCREASE ADDED TO THAT AMOUNT,
AUTHORIZED TO BE PAID FROM TIME TO TIME UNDER TITLE II OF THE SOCIAL
SECURITY ACT, OR THREE TIMES SUCH PRIMARY INSURANCE AMOUNT DIVIDED BY
THE NUMBER OF SURVIVING CHILDREN ENTITLED TO AN ANNUITY, WHICHEVER IS
THE LESSER.
"(3) THE PROVISIONS OF THIS SUBSECTION SHALL NOT APPLY TO AN
ANNUITANT OR TO A SURVIVOR WHO IS OR BECOMES ENTITLED TO RECEIVE FROM
THE UNITED STATES, OR THE DISTRICT OF COLUMBIA, AN ANNUITY OR RETIRED
PAY UNDER ANY OTHER CIVILIAN OR MILITARY RETIREMENT SYSTEM, BENEFITS
UNDER TITLE II OF THE SOCIAL SECURITY ACT, A PENSION, VETERANS'
COMPENSATION, OR ANY OTHER PERIODIC PAYMENT OF A SIMILAR NATURE, WHEN
THE MONTHLY RATE THEREOF IS EQUAL TO OR GREATER THAN THE SMALLEST
PRIMARY INSURANCE AMOUNT, INCLUDING ANY COST-OF-LIVING INCREASE ADDED TO
THAT AMOUNT, AUTHORIZED TO BE PAID FROM TIME TO TIME UNDER TITLE II OF
THE SOCIAL SECURITY ACT.
"(4) AN ANNUITY PAYABLE FROM THE TEACHERS' RETIREMENT AND ANNUITY
FUND TO A FORMER TEACHER, WHICH IS BASED ON A SEPARATION OCCURRING PRIOR
TO OCTOBER 20, 1969, IS INCREASED BY $240.
"(5) IN LIEU OF ANY INCREASE BASED ON AN INCREASE UNDER PARAGRAPH (4)
OF THIS SUBSECTION, AN ANNUITY PAYABLE FROM THE TEACHERS' RETIREMENT AND
ANNUITY FUND TO THE SURVIVING SPOUSE OF A TEACHER OR ANNUITANT, WHICH IS
BASED ON A SEPARATION OCCURRING PRIOR TO OCTOBER 20, 1969, SHALL BE
INCREASED BY $132.
"(6) THE MONTHLY RATE OF AN ANNUITY RESULTING FROM AN INCREASE UNDER
PARAGRAPH (4) OR (5) SHALL BE CONSIDERED AS THE MONTHLY RATE AO ANNUITY
PAYABLE UNDER SUBSECTION (A) FOR PURPOSES OF COMPUTING THE MINIMUM
ANNUITY UNDER SUBSECTION (E).".
SEC. 302. THIS TITLE SHALL BECOME EFFECTIVE ON THE DATE OF
ENACTMENT. "D.C. CODE 31 - 725 NOTE." ANNUITY INCREASES UNDER THIS
TITLE SHALL APPLY TO ANNUITIES WHICH COMMENCE BEFORE, ON, OR AFTER THE
DATE OF ENACTMENT OF THIS TITLE, BUT NO INCREASE IN ANNUITY SHALL BE
PAID FOR ANY PERIOD PRIOR TO THE FIRST DAY OF THE FIRST MONTH WHICH
BEGINS ON OR AFTER THE NINETIETH DAY AFTER THE DATE OF ENACTMENT OF THIS
TITLE, OR THE DATE ON WHICH THE ANNUITY COMMENCES, WHICHEVER IS LATER.
SEC. 401. THIS TITLE MAY BE CITED AS THE "DISTRICT OF COLUMBIA REAL
PROPERTY TAX REVISION ACT OF 1974". "D.C. CODE 47 - 621 NOTE."
SEC. 402. "D.C. CODE 47 - 621." IT IS THE INTENT OF CONGRESS TO
REVISE THE REAL PROPERTY TAX IN THE DISTRICT OF COLUMBIA TO ACHIEVE THE
FOLLOWING OBJECTIVES:
(1) EQUITABLE SHARING OF THE FINANCIAL BURDEN OF THE GOVERNMENT
OF THE DISTRICT OF COLUMBIA.
(2) FULL PUBLIC INFORMATION REGARDING ASSESSMENTS AND APPEAL
PROCEDURES.
(3) PROMOTION OF ECONOMIC ACTIVITY, DIVERSITY OF LAND USE AND
PRESERVATION OF THE CHARACTER OF THE DISTRICT OF COLUMBIA.
(4) ASSURANCE THAT SHIFTS IN THE TAX BURDEN ON INDIVIDUAL
TAXPAYERS WILL NOT BE EXCESSIVE.
(5) COMPARABILITY OF TAX EFFORT BETWEEN THE DISTRICT OF
COLUMBIA AND SURROUNDING JURISDICTIONS IN THE METROPOLITAN AREA
AND CITIES OF COMPARABLE SIZE.
SEC. 403. "D.C. CODE 47 - 622." FOR THE PURPOSES OF THIS TITLE--,
(1) THE TERM "REAL PROPERTY" MEANS REAL ESTATE IDENTIFIED BY PLAT ON
THE RECORDS OF THE DISTRICT SURVEYOR ACCORDING TO LOT AND SQUARE
TOGETHER WITH IMPROVEMENTS THEREON.
(2) THE TERM "COMMISSIONER" MEANS THE COMMISSIONER OF THE DISTRICT OF
COLUMBIA ESTABLISHED UNDER REORGANIZATION PLAN NUMBERED 3 OF 1967. "81
STAT. 948, 5 USC APP. II."
(3) THE TERM "COUNCIL" MEANS THE DISTRICT OF COLUMBIA COUNCIL
ESTABLISHED UNDER REORGANIZATION PLAN NUMBERED 3 OF 1967.
(4) THE TERM "ESTIMATED MARKET VALUE" MEANS 100 PER CENTUM OF THE
MOST PROBABLE PRICE AT WHICH A PARTICULAR PIECE OF REAL PROPERTY, IF
EXPOSED FOR SALE IN THE OPEN MARKET WITH A REASONABLE TIME FOR THE
SELLER TO FIND A PURCHASER, WOULD BE EXPECTED TO TRANSFER UNDER
PREVAILING MARKET CONDITIONS BETWEEN PARTIES WHO HAVE KNOWLEDGE OF THE
USES TO WHICH THE PROPERTY MAY BE PUT, BOTH SEEKING TO MAXIMIZE THEIR
GAINS AND NEITHER BEING IN A POSITION TO TAKE ADVANTAGE TO THE
EXIGENCIES OF THE OTHER.
(5) THE TERM "REGULATION", UNLESS SPECIFICALLY IDENTIFIED AS A
REGULATION OF THE COMMISSIONER, MEANS A REGULATION OF THE COUNCIL
ENACTED UNDER SECTION 406 OF THE REORGANIZATION PLAN NUMBERED 3 OF 1967,
AND AFTER JANUARY 2, 1975, SUCH TERM MEANS AN ACT OF THE COUNCIL OF THE
DISTRICT OF COLUMBIA ENACTED UNDER SECTION 412 (AND RELATED SECTIONS) OF
THE DISTRICT OF COLUMBIA SELF-GOVERNMENT AND GOVERNMENTAL REORGANIZATION
ACT. "87 STAT. 788, D.C. CODE 1 - 101 NOTE."
(6) THE TERM "TAX YEAR" MEANS--,
(A) WITH RESPECT TO A REAL PROPERTY TAX RATE PROPOSED BY THE
MAYOR OR ESTABLISHED BY THE COUNCIL AFTER JANUARY 1 BUT BEFORE
JUNE 30 OF ANY CALENDAR YEAR, THE NEXT FOLLOWING FISCAL YEAR; AND
(B) WITH RESPECT TO A REAL PROPERTY TAX RATE PROPOSED BY THE
MAYOR OR ESTABLISHED BY THE COUNCIL AFTER JUNE 30 IN ANY CALENDAR
YEAR, THE FISCAL YEAR DURING WHICH THE RATE WAS PROPOSED OR
ESTABLISHED.
SUBPART A--REAL PROPERTY TAX RATE
SEC. 411. "D.C. CODE 47 - 631." NOTWITHSTANDING THE PROVISIONS OF
THE ACT OF JUNE 2, 1922 (D.C. CODE, SEC. 47 - 501), "42 STAT. 669."
THERE IS HERBY LEVIED FOR EACH FISCAL YEAR A TAX ON REAL PROPERTY IN THE
DISTRICT OF COLUMBIA AT A RATE DETERMINED ACCORDING TO THE PROVISIONS OF
THIS TITLE. UNLESS OTHERWISE PROVIDED BY LAW, ALL REVENUES RECEIVED
FROM SUCH TAX SHALL BE DEPOSITED, FROM TIME TO TIME, IN THE TREASURY OF
THE UNITED STATES, TO THE CREDIT OF THE DISTRICT OF COLUMBIA. SEC. 412.
"D.C. CODE 47 - 632." THE COUNCIL, AFTER PUBLIC HEARING, SHALL
ESTABLISH EACH YEAR, WITHIN THIRTY DAYS AFTER RECEIPT OF THE
COMMISSIONER'S RECOMMENDATION UNDER SECTION 413, A RATE OF TAXATION
WHICH, EXCEPT AS PROVIDED IN SECTION 431, SHALL BE APPLIED, DURING THE
TAX YEAR, TO THE ASSESSED VALUE OF ALL REAL PROPERTY SUBJECT TO
TAXATION. THE COUNCIL MAY BY RESOLUTION EXTEND TIME FOR ANY YEAR FOR
SETTING SUCH RATE OF TAXATION, EXCEPT THAT IF THE COUNCIL DOES MAKE SUCH
AN EXTENSION, IT MUST ESTABLISH SUCH A RATE FOR THE NEXT YEAR. IF THE
COUNCIL FAILS TO EASTABLISH SUCH A RATE WITHIN SUCH THIRTY DAYS, AND
FAILS TO EXTEND THE TIME FOR ESTABLISHING SUCH A RATE, THE RATE
CALCULATED BY THE COMMISSIONER, PURSUANT TO SECTION 413, SHALL BE THE
RATE FOR THAT TAX YEAR.
SEC. 413. "D.C. CODE 47 - 633." (A) (1) EXCEPT AS PEOVIDED IN
PARAGRAPH (2), BY JULY 15 OF EACH YEAR, THE COMMISSIONER SHALL CALCULATE
AND SUBMIT TO THE COUNCIL A PROPOSED REAL PROPERTY TAX RATE FOR THE TAX
YEAR, AND INFORM THE COUNCIL OF HIS CERTIFICATION OF THE ASSESSMENT ROLL
PURSUANT TO SECTION 426 (G). THE COMMISSIONER MAY EXTEND THE PERIOD FOR
SUBMITTING SUCH RECOMMENDATION.
(2) WITH RESPECT TO THE REAL PROPERTY TAX RATE FOR THE FISCAL YEAR
ENDING JUNE 30, 1975, THE COMMISSIONER SHALL SUBMIT HIS RECOMMENDATION
TO THE COUNCIL WITHIN 30 DAYS AFTER THE DATE OF ENACTMENT OF THIS TITLE.
(B) AT THE TIME THE COMMISSIONER SUBMITS TO THE COUNCIL THE PROPOSED
REAL PROPERTY TAX RATE UNDER SUBSECTION (A), HE SHALL ALSO SUBMIT THE
FOLLOWING:
(1) THE TOTAL AGGREGATE ASSESSED VALUE OF TAXABLE REAL
PROPERTY. FOR THE YEAR PRECEDING THE TAX YEAR BY MAJOR CLASS OR
TYPE OF PROPERTY.
(2) THE ESTIMATED TOTAL AGGREGATE ASSESSED VALUE OF TAXABLE
REAL PROPERTY FOR THE TAX YEAR FOR WHICH THE PROPERTY TAX RATE
RECOMMENDATION IS BEING MADE, BY MAJOR CLASS OR TYPE OF PROPERTY,
INDICATING SEPARATELY FOR EACH CLASS OR TYPE THE ESTIMATED VALUE
ATTRIBUTABLE TO NEW CONSTRUCTION.
(3) THE REAL PROPERTY TAX RATE (ROUNDED TO THE NEAREST PENNY)
CALCULATED TO YIELD IN THE TAX YEAR THE SAME AMOUNT OF REVENUE
(EXCLUSIVE OF THE REVENUE ATTRIBUTABLE TO NEW CONSTRUCTION) AS WAS
RAISED BY THAT TAX AT THE RATE APPLICABLE DURING THE YEAR
PRECEDING THE TAX YEAR.
(C) THE REAL PROPERTY TAX RATE SUBMITTED BY THE COMMISSIONER PURSUANT
TO SUBSECTION (A) SHALL BECOME THE REAL PROPERTY TAX RATE APPLICABLE
DURING THE TAX YEAR FOR WHICH IT IS SUBMITTED UNLESS THE COUNCIL ACTS TO
SET A DIFFERENT SUCH RATE PURSUANT TO SECTION 412.
(D) ON OR BEFORE FEBRUARY 1 OF EACH YEAR THE COMMISSIONER SHALL
ESTIMATE AS CLOSELY AS POSSIBLE THE RATE TO BE CALCULATED IN SUBSECTION
(A) AND SHALL SO INFORM THE COUNCIL.
(E) THE REAL PROPERTY TAX RATE APPLICABLE IN THE DISTRICT FOR THE
FISCAL YEAR ENDING JUNE 30, 1975, CALCULATED ACCORDING TO THE PROVISIONS
OF SECTIONS 411, 421, 413, AND 461, SHALL BE APPLIED TO THE ASSESSMENT
ROLL FOR 1975 DETERMINED ACCORDING TO PROVISIONS OF LAW IN EFFECT PRIOR
TO THE EFFECTIVE DATE OF THIS ACT.
SEC. 414. "D.C. CODE 47 - 634." AT THE TIME THE COMMISSIONER SUBMITS
TO THE COUNCIL THE PROPOSED REAL PROPERTY TAX RATE UNDER SECTION 413, HE
SHALL ALSO SUBMIT THE FOLLOWING:
(1) THE TOTAL AGGREGATE ASSESSED VALUE OF REAL PROPERTY EXEMPT
FROM THE REAL PROPERTY TAX LEVIED IN THE DISTRICT FOR THE CURRENT
FISCAL YEAR BY MAJOR CLASS OR TYPE OF EXEMPT STATUS AND THE TAX
THAT WOULD HAVE BEEN PAID DURING SUCH FISCAL YEAR HAD SUCH
PROPERTY NOT BEEN EXEMPT.
(2) THE ESTIMATED TOTAL AGGREGATE ASSESSED VALUE OF REAL
PROPERTY EXEMPT FROM THE REAL PROPERTY TAX LEVIED IN THE
DISTRICT BY MAJOR CLASS OR TYPE OF EXEMPT STATUS AND THE TAX THAT
WOULD BE PAID DURING THE FISCAL YEAR UNDER THE REAL PROPERTY TAX
RATE PROPOSED BY THE COMMISSIONER PURSUANT TO SECTION 413.
SEC. 415. "D.C. CODE 47 - 636." IN ESTABLISHING A REAL PROPERTY TAX
RATE THE COUNCIL SHALL MAKE A COMPARISON OF TAX RATES AND BURDENS
APPLICABLE TO RESIDENTIAL AND NONRESIDENTIAL PROPERTY IN THE DISTRICT
WITH THOSE SUCH RATES APPLICABLE TO SUCH PROPERTY IN JURISDICTIONS IN
THE VICINITY OF THE DISTRICT. THE COMPARISON SHALL INCLUDE OTHER MAJOR
TAXES IN ADDITION TO THE TAX ON REAL PROPERTY. WITHOUT IN ANY WAY
LIMITING THE AUTHORITY OF THE COUNCIL, IT IS THE INTENTION OF CONGRESS
THAT TAX BURDENS IN THE DISTRICT BE REASONABLY COMPARABLE TO THOSE IN
THE SURROUNDING JURISDICTIONS OF THE WASHINGTON METROPOLITAN AREA.
SEC. 416. "D.C. 47 - 636." THE COMMISSIONER SHALL, BY JUNE 30 OF
EACH YEAR, COMPILE AND PUBLISH INFORMATION REGARDING THE RELATIVE AMOUNT
OF TAX FOR ALL MAJOR TAXES IN THE DISTRICT COMPARED WITH THOSE IN
SURROUNDING JURISDICTIONS IN THE WASHINGTON METROPOLITAN AREA AND WITH
THOSE IN OTHER CITIES. THE INFORMATION SHALL INCLUDE THE RATE OF THE
PROPERTY TAX LEVIED ON RESIDENTIAL AND NONRESIDENTIAL PROPERTY, AND THE
EFFECT OF MAJOR TAXES LEVIED ON FAMILIES OF DIFFERENT INCOME LEVELS AND
ON BUSINESSES.
SEC. 421. "D.C. CODE 47 - 641." (A) THE ASSESSED VALUE OF ALL REAL
PROPERTY SHALL BE LISTED ON THE ASSESSMENT ROLL FOR REAL PROPERTY
TAXATION PURPOSES ANNUALLY AS PROVIDED IN THIS PART. THE ASSESSED VALUE
FOR ALL REAL PROPERTY SHALL BE THE ESTIMATED MARKET VALUE OF SUCH
PROPERTY AS OF JANUARY 1 OF THE YEAR PRECEDING THE TAX YEAR, AS
DETERMINED BY THE COMMISSIONER. IN DETERMINING ESTIMATED MARKET VALUE
FOR VARIOUS KINDS OF REAS PROPERTY THE COMMISSIONER SHALL TAKE INTO
ACCOUNT ANY FACTOR WHICH MIGHT HAVE A BEARING ON THE MARKET VALUE OF THE
REAL PROPERTY INCLUDING, BUT NOT LIMITED TO, SALES INFORMATION ONSIMILAR
TYPES OF REAL PROPERTY, MORTGAGE, OR OTHER FINANCIAL CONSIDERATIONS,
REPRODUCTION COST LESS ACCRUED DEPRECIATION BECAUSE OF AGE, CONDITION,
AND OTHER FACTORS, INCOME EARNING POTENTIAL (IF ANY), ZONING, AND
GOVERNMENT-IMPOSED RESTRICTIONS. ASSESSMENTS SHALL BE BASED UPON THE
SOURCES OF INFORMATION AVAILABLE TO THE COMMISSIONER WHICH MAY INCLUDE
ACTUAL VIEW.
(B) ALL REAL PROPERTY SHALL BE ASSESSED NO LESS FREQUENTLY THAN ONCE
EVERY TWO YEARS, AND AS SOON AS PRACTICABLE SUCH ASSESSMENT SHALL BE
MADE ANNUALLY. THE COUNCIL MAY AUTHORIZE AND DIRECT ASSESSMENTS TO BE
MADE ANNUALLY FOR SOME OR ALL CLASSES OF REAL PROPERTY, EXCEPT THAT FOR
FISCAL YEAR 1978, AND FOR EACH FISCAL THEREAFTER, ALL REAL PROPERTY
SHALL BE ASSESSED ON AN ANNUAL BASIS.
(C) THE COUNCIL MAY ADOPTREGULATIONS CONCERNING THE ASSESSMENT AND
REASSESSMENT OF REAL PROPERTY AND MATTERS RELATING THERETO WHICH SHALL
BE CONSISTENT WITH THE PROVISIONS OF THIS TITLE AND OTHER APPLICABLE
PROVISIONS OF LAW.
(D) THE COUNCIL MAY ADOPT REGULATIONS REGARDING INFORMATION TO BE
FURNISHED THE COMMISSIONER BY OWNERS OF REAL PROPERTY. SUCH REGULATIONS
SHALL PROVIDE, UNDER PENALTY OF LAW, THAT ALL SUCH INFORMATION WITH
RESPECT TO INCOME DERIVED FROM INVESTMENT ON INCOME-PRODUCING REAL
PROPERTY SHALL BE HANDLED IN THE SAME CONFIDENTIAL MANNER AS INCOME TAX
RETURNS AND SUPPORTING DATA REQUIRED TO BE SUBMITTED TO THE GOVERNMENT
OF THE DISTRICT OF COLUMBIA UNDER LAWS APPLICABLE IN THE DISTRICT.
(E) THE COMMISSIONER SHALL SUBMIT TO THE COUNCIL, WITHIN FORTY-FIVE
DAYS AFTER THE DATE OF ENACTMENT OF THIS TITLE, PROPOSED REGULATIONS TO
BE ADOPTED BY THE COUNCIL PURSUANT TO SUBSECTION (C).
(F) CONSISTENT WITH THE PROVISIONS OF THIS ACT AND REGULATIONS OF THE
COUNCIL, THE COMMISSIONER SHALL PROMULGATE NECESSARY REGULATIONS AND
ADMINISTRATIVE ORDERS. IF THE COUNCIL SHALL NOT HAVE ADOPTED
REGULATIONS CONCERNING ASSESSMENT PURSUANT TO SUBSECTION (C) WITHIN
NINETY DAYS AFTER THE DATE OF ENACTMENT OF THIS TITLE, THE COMMISSIONER
SHALL PROMULGATE SUCH REGULATIONS.
SEC. 422. (A) THE COMMISSIONER SHALL ASSES ALL REAL PROPERTY,
IDENTIFYING SEPARATELY THE VALUE OF LAND AND IMPROVEMENTS THEREON, AND
ADMINISTER AND COLLECT THE REAL PROPERTY TAX WITHIN THE DISTRICT. THE
COMMISSIONER SHALL ALSO NOTIFY OWNERS OF REAL PROPERTY OF ASSESSMENTS
AND OF APPEAL PROCEDURES. IN ADDITION, HE SHALL MAINTAIN ADEQUATE
RECORDS RELATING TO THE ADMINISTRATION OF THE REAL PROPERTY TAX IN THE
DISTRICT, AND PROVIDE APPROPRIATE PUBLIC INFORMATION CONCERNING SUCH
TAX.
(B) THE COMMISSIONER SHALL APPOINT ASSESSORS COMPETENT TO DETERMINE
VALUES OF REAL PROPERTY TO CARRY OUT THE PROVISIONS OF THIS TITLE AND
OTHER RELEVANT PORTIONS OF THIS TITLE. EACH PERSON SO APPOINTED SHALL
TAKE AND SUBSCRIBE AN OATH TO DILIGENTLY, FAITHFULLY, AND IMPARTIALLY
ASSESS ALL REAL PROPERTY ACCORDING TO APPLICABLE LAW AND REGULATIONS AND
OTHERWISE PERFORM THE DUTIES OF OFFICE.
(C) THE COMMISSIONER SHALL ASSURE THAT INFORMATION REGARDING THE
CHARACTERISTICS OF REAL PROPERTY, SALES AND EXCHANGES OF ALL SUCH
PROPERTY, BUILDING PERMITS, LAND USE PLANS, AND ANY OTHER INFORMATION
PERTINENT TO THE ASSESSMENT PROCESS SHALL BE MADE AVAILABLE TO THE
ASSESSORS ON A TIMELY BASIS.
SEC. 423. "D.C. CODE 47 - 643." ALL REAL PROPERTY, EXCEPT AS
HEREINAFTER PROVIDED, SHALL BE ASSESSED IN THE NAME OF THE OWNER, OR
TRUSTEE OR TRUSTEES OF THE OWNER THEREOF. ALL UNDIVIDED REAL PROPERTY
OF A DECEASED PERSON MAY BE ASSESSED IN THE NAME OF THE DECEASED PERSON
UNTIL SUCH UNDIVIDED REAL PROPERTY IS DIVIDED ACCORDING TO LAW, OR HAS
OTHERWISE PASSED INTO THE POSSESSION OF SOME OTHER PERSON; AND ALL REAL
PROPERTY, THE OWNERSHIP OF WHICH IS UNKNOWN, SHALL BE ASSESSED AS OWNER
UNKNOWN.
(B) ALL REAL PROPERTY, WHETHER TAXABLE OR NOT, SHALL BE ASSESSED
ACCORDING TO THE ADDRESS AND THE NUMBER OF THE SQUARES AND LOTS THEREOF,
OR PART OF LOTS, AND UPON THE NUMBER OF THE SQUARE OR SUPERFICIAL FEET
IN EACH SQUARE OR LOTS OR PART OF A LOT.
SEC. 424. "D.C. CODE 47 - 644." (A) THE COMMISSIONER SHALL ON OR
BEFORE MARCH 1 OF EACH YEAR, COMPILE IN TABULAR FORM AND PLACE IN A
BOOK, KNOWN AS THE PRELIMINARY ASSESSMENT ROLL, THE NAME OF THE OWNER,
ADDRESS, LOT AND SQUARE, AMOUNT, DESCRIPTION, AND VALUE, AS OF JANUARY 1
OF THAT YEAR, OF THE LAND AND IMPROVEMENTS OF ALL REAL PROPERTY WHETHER
SUCH PROPERTY IS TAXABLE OR EXEMPT.
(B) THE PRILIMINARY ASSESSMENT ROLL, TOGETHER WITH ALL MAPS, FIELD
BOOKS, ASSESSMENT-SALES RATIO STUDIES, SURVEYS, AND PLATS, SHALL BE OPEN
TO PUBLIC INSPECTION DURING NORMAL BUSINESS HOURS. IN ADDITION, ANY
NOTES AND MEMORANDUMS RELATING TO THE ASSESSMENT OF HIS REAL PROPERTY,
OR A STATEMENT CLEARLY INDICATING THE BASIS UPON WHICH HIS REAL PROPERTY
HAS BEEN ASSESSED, SHALL BE OPEN TO INSPECTION BY THE TAXPAYER OR HIS
DESIGNATED REPRESENTATIVE DURING NORMAL BUSINESS HOURS. PROVISION SHALL
BE MADE TO FURNISH COPIES OF ALL MATERIAL TO ANY PERSON, UPON REQUEST,
AT THE LOWEST CHARGE WHICH COVERS COST OF MAKING SUCH COPIES.
(C) THE COMMISSIONER SHALL UNDERTAKE, PUBLISH, AND OTHERWISE
PUBLICIZE THE RESULTS OF ASSESSMENT-SALES RATIO STUDIES FOR DIFFERENT
TYPES OF REAL PROPERTY FOR THE ENTIRE DISTRICT AND FOR DIFFERENT TYPES
OF REAL PROPERTY WITHIN EACH OF THE DISTRICTS UTILIZED IN MAKING
ASSESSMENTS. IF, FOR A GIVEN YEAR, ADEQUATE SALES DATA ARE LACKING FOR
PARTICULAR STUDIES, THE COMMISSIONER SHALL SO INDICATE.
(D) THE COMMISSIONER SHALL, EITHER HIMSELF OR IN A NEWSPAPER OF
GENERAL CIRCULATION, PUBLISH A LISTING OF THE ASSESSED VALUE OF EACH
PROPERTY BY ADDRESS, LOT, AND SQUARE, AND HE SHALL ALSO MAKE SUCH
LISTING AVAILABLE AT THE MAIN PUBLIC LIBRARY IN THE DISTRICT AND AT SUCH
OTHER POINTS AS HE MAY DETERMINE. SUCH PUBLICATION CAN BE BY
NEIGHBORHOOD AREAS SO LONG AS MAPS SHOWING THE ASSESSMENT AREAS ARE
GENERALLY AVAILABLE.
SEC. 425. "D.C. CODE 47 - 645." BEGINNING AS SOON AS POSSIBLE AFTER
JANUARY 1, BUT NO LATER THAN MARCH 1 OF EACH YEAR, EACH TAXPAYER SHALL
BE NOTIFIED OF THE ASSESSMENT OF HIS REAL PROPERTY FOR THE NEXT FISCAL
YEAR. THE NOTICE, OR STATEMENT ACCOMPANYING THE NOTICE, SHALL
INCLUDE--,
(1) THE ADDRESS, LOT, SQUARE, AND TYPE OF LAND USE BY MAJOR
CATEGORY OF THE PROPERTY;
(2) THE ASSESSED VALUE OF THE LAND AND IMPROVEMENTS (SHOWN
SEPARATELY AND IN TOTAL) OF THE PROPERTY FOR THE NEXT FISCAL YEAR
AND SUCH AMOUNTS FOR THE PREVIOUS FISCAL YEAR;
(3) THE AMOUNT AND PERCENTAGE OF CHANGE IN ASSESSED VALUE OVER
THE PREVIOUS YEAR;
(4) AN INDICATION OF THE REASON FOR SUCH CHANGE IN ASSESSMENT,
SUCH AS, BUT NOT LIMITED TO, IMPROVEMENTS TO THE PROPERTY, ZONING
CHANGE, CHANGING MARKET VALUES;
(5) STATEMENT OF APPEAL PROCEDURES PURSUANT TO SECTION
426 (I);
(6) THE CITATION TO THE REGULATIONS OR ORDERS UNDER WHICH THE
PROPERTY WAS ASSESSED;
(7) THE LOCATION OF THE ASSESSMENT ROLL, STUDIES, AND NOTES
REFERRED TO IN SECTIONS 424 AND 426(G) AND THE HOURS DURING WHICH
THE INFORMATION IS AVAILABLE;
(8) THE AVAILABILITY OF A LISTING OF THE ASSESSED VALUE OF
PROPERTY REFERRED TO IN SECTION 424 (C) ; AND
(9) AN EXPLANATION OF ALL SPECIAL BENEFITS, INCENTIVES,
LIMITATIONS, OR CREDITS WHICH RELATE TO REAL PROPERTY TAXES AS
A RESULT OF THIS OR ANY OTHER ACT.
SEC. 426. "D.C. CODE 47 - 646." (A) THERE IS ESTABLISHED A BOARD OF
EQUALIZATION AND REVIEW FOR THE DISTRICT (HEREINAFTER IN THIS TITLE
REFERRED TO AS THE "BOARD") WHICH SHALL BE COMPOSED OF FIFTEEN MEMBERS,
A MAJORITY OF WHOM SHALL BE RESIDENTS OF THE DISTRICT, APPOINTED BY THE
COMMISSIONER, WITH THE ADVICE AND CONSENT OF THE COUNCIL. THE COUNCIL
MAY AUTHORIZE A LARGER SIZE IF THE CASELOAD SO REQUIRES. MEMBERS OF THE
BOARD SHALL BE PERSONS HAVING KNOWLEDGE OF THE VALUATION OF PROPERTY,
REAL ESTATE TRANSACTIONS, BUILDING COSTS, ACCOUNTING, FINANCE, OR
STATISTICS. THE COMMISSIONER SHALL NAME ONE MEMBER AS CHAIRMAN. NONE
OF THE MEMBERS MAY BE OFFICERS OF THE DISTRICT OF COLUMBIA GOVERNMENT.
EACH MEMBER SHALL SERVE FOR A TERM OF FIVE YEARS, EXCEPT OF THE MEMBERS
FIRST APPOINTED UNDER THIS SECTION, THE COMMISSIONER SHALL DESIGNATE
EQUAL NUMBERS FOR TERMS OF ONE, TWO, THREE, FOUR, AND FIVE YEARS. THE
TERMS OF THE MEMBERS FIRST APPOINTED UNDER THIS SECTION SHALL BEGIN ON
JANUARY 1, 1975. ANY PERSON APPOINTED TO FILL A VACANCY SHALL BE
APPOINTED TO SERVE FOR THE REMAINDER OF THE TERM DURING WHICH THE
VACANCY AROSE. EACH MEMBER SHALL RECEIVE COMPENSATION AT A RATE TO BE
DETERMINED BY THE COUNCIL UNLESS OTHERWISE PROHIBITED BY LAW, BUT NOT TO
EXCEED ONE TWO-THOUSANDTH OF THE ANNUAL SALARY OF THE HIGHEST STEP OF
GRADE 15 OF THE GENERAL SCHEDULE IN SECTION 5332 OF TITLE 5 OF THE
UNITED STATES CODE "5 USC 5332 NOTE." FOR EACH HOUR SUCH MEMBER IS
ENGAGED IN THE ACTUAL PERFORMANCE OF DUTIES VESTED IN THE BOARD.
(B) THE COMMISSIONER SHALL PROVIDE SUCH OTHER SUPPORT AS IS NEEDED
FOR THE EFFECIENT OPERATION OF THE BOARD.
(C) THE BOARD SHALL CONVENE AS BUSINESS NECESSITATES FROM THE FIRST
MONDAY IN JANUARY UNTIL THE COMMISSIONER SHALL BE PRESENTED WITH THE
ASSESSMENT ROLL FOR THE FISCAL YEAR AS PROVIDED IN SUBSECTION (G). THE
BOARD SHALL ALSO CONVENE AS BUSINESS NECESSITATES FOR A PERIOD OF THIRTY
DAYS FOLLOWING ANY SPECIAL ASSESSMENT WHICH SHALL BE GENERALLY
APPLICABLE TO A CLASS OF REAL PROPERTY, AND AS BUSINESS IN THE BOARD
OTHERWISE MAKE NECESSARY.
(D) A MAJORITY OF THE BOARD SHALL CONSTITUTE A QUORUM FOR TRACSACTING
BUSINESS, EXCEPT THE BOARD MAY PROVIDE FOR THE ESTABLISHMENT OF THREE
MEMBER PANELS FOR HEARING AND DECIDING INDIVIDUAL APPEALS. THE BOARD
SHALL ADPOT AND PUBLISH NECESSARYRULES, AND ALL APPLICABLE PROVISIONS OF
THE DISTRICT OF COLUMBIA ADMINISTRATIVE PROCEDURES ACT (D.C. CODE, SECS.
1 - 1501-- 1 - 1510) "82 STAT. 1203." SHALL APPLY TO THE RULES AND
PROCEDURE OF THE BOARD.
(E) ON OR BEFORE APRIL 15 OF EACH YEAR ANY TAXPAYER MAY APPEAL THE
AMOUNT OF HIS ASSESSMENT FOR THE FORTHCOMING FISCAL YEAR.
(F) PURSUANT TO APPLICABLE PROVISIONS OF LAW, REGULATIONS ADOPTED BY
THE COUNCIL, OR ORDERS OF THE COMMISSIONER, THE BOARD SHALL ATTEMPT TO
ASSURE THAT ALL REAL PROPERTY IS ASSESSED AT THE ESTIMATED MARKET VALUE.
BASED ON THE RECORD OF COMPLAINTS OR OF OTHER INFORMATION AVAILABLE TO
OR SOLICITED BY THE BOARD, THE BOARD SHALL RAISE OR LOWER THE ESTIMATED
MARKET VALUE OF ANY REAL PROPERTY WHICH IT FINDS TO BE MORE THAN 5 PER
CENTUM ABOVE OR BELOW THE ESTIMATED MARKET VALUE CONTAINED IN THE
PRELIMINARY ASSESSMENT ROLL PREPARED BY THE COMMISSIONER ACCORDING TO
SECTION 423 AND SHALL REVISE THE ASSESSMENT ROLL ACCORDINGLY.
(G) ON OR BEFORE JUNE 1 THE BOARD SHALL PRESENT THE REVISED
ASSESSMENT ROLL FOR THE FORTHCOMING FISCAL YEAR TO THE COMMISSIONER.
THE COMMISSIONER SHALL MAKE SUCH FURTHER REVISIONS TO THE ASSESSMENT
ROLL AS ARE REQUIRED UNDER OTHER APPLICABLE PROVISIONS OF LAW, AND SHALL
APPROVE SUCH ASSESSMENT ROLL NOT LATER THAN JUNE 30. EXCEPT AS
OTHERWISE PROVIDED BY LAW, THE APPROVED ASSESSMENT ROLL SHALL CONSTITUTE
THE BASIS OF ASSESSMENT FOR THE FORTHCOMING FISCAL YEAR AND UNTIL
ANOTHER ASSESSMENT ROLL IS MADE ACCORDING TO LAW.
(H) NEITHER THE BOARD NOR ANY COURT SHALL ORDER THE INCREASE OF THE
ASSESSED VALUE OF ANY PARCEL OF REAL PROPERTY ABOVE ITS ESTIMATED MARKET
VALUE, NOR THE DECREASE OF THE ASSESSED VALUE OF ANY PARCEL OF REAL
PROPERTY BELOW ITS ESTIMATED MARKET VALUESOLELY ON THE BASIS OF AVERAGE
RATIO STUDIES COMPARING SALES AND ASSESSMENTS, UNLESS SUCH STUDIES ARE
THE PRIMARY BASIS FOR THE ASSESSMENT, OR REASSESSMENT OF THE CONCERNED
PROPERTY.
(I) ANY PERSON AGGRIEVED BY ANY ASSESSMENT, EQUALIZATION, OR
VALUATION MADE, MAY, BY OCTOBER 15 OF THE CALENDAR YEAR IN WHICH SUCH
ASSESSMENT, EQUALIZATION, OR VALUATION IS MADE, APPEAL FROM SUCH
ASSESSMENT, EQUALIZATION, OR VALUATION IN THE SAME MANNER AND TO THE
SAME EXTENT AS PROVIDED IN SECTIONS 3 AND 14 OF TITLE IX OF THE ACT OF
AUGUST 17, 1937 (D.C. CODE, SECS. 47 - 2404, 47 - 24143), "84 STAT.
579, 580, D.C. CODE 47 - 2413." IF SUCH PERSON SHALL HAVE FIRST MADE HIS
COMPLAINT TO THE BOARD RESPECTING SUCH ASSESSMENT AS HEREIN PROVIDED,
EXCEPT THAT IN ANY CASE WHERE NO NOTICE IN WRITING OF SUCH INCREASE OF
VALUATION WAS GIVEN THE TAXPAYER PRIOR TO MARCH 15 OF THE PARTICULAR
YEAR, NO SUCH COMPLAINT SHALL BE REQUIRED FOR APPEAL.
SEC. 427. "D.C. CODE 47 - 647." EACH ASSESSOR OF THE DISTRICT, AND
EACH ASSISTANT ASSESSOR, IN THE DISCHARGE OF ANY OF HIS DUTIES, OR THE
BOARD, MAY ADMINISTER ALL NECESSARY OATHS OR AFFIRMATIONS. THE
COMMISSIONER OR, IN HIS ABSENCE, HIS DESIGNATED AGENT, AND THE CHAIRMAN
OF THE BOARD, SHALL HAVE POWER TO SUMMON THE ATTENDANCE OF ANY PERSON TO
BE EXAMINED UNDER OATH TOUCHING SUCH MATTERS AND THINGS AS THE
COMMISSIONER OR THE BOARD MAY DEEM ADVISABLE IN THE DISCHARGE OF THEIR
DUTIES; AND ANY MEMBER OF THE METROPOLITAN POLICE FORCE OF THE DISTRICT
OF COLUMBIA MAY SERVE SUBPENAS IN HIS BEHALF. SUCH FEES SHALL BE
ALLOWED WITNESSES SO EXAMINED, TO BE PAID OUT OF FUNDS AVAILABLE TO THE
COMMISSIONER, AS ARE ALLOWED IN CIVIL ACTIONS BEFORE THE UNITED STATES
DISTRICT COURT FOR THE DISTRICT OF COLUMBIA. ANY PERSON SUMMONED AND
EXAMINED AS AFORESAID WHO SHALL KNOWINGLY MAKE FALSE OATH OR AFFIRMATION
SHALL BE GUILTY OF PERJURY, AND UPON CONVICTION THEREOF BE PUNISHED
ACCORDING TO THE LAWS IN FORCE FOR THE PUNISHMENT OF PERJURY.
SEC. 428. //D.C. CODE 47 - 648.// WITHIN ONE YEAR AFTER THE DATE OF
ENACTMENT OF THIS TITLE THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
SHALL ESTABLISH A MITHOD WHICH IT DEEMS APPROPRIATE BY WHICH CLASS
ACTION CASES REGARDING ANY MATTER RELATING TO REAL AND PERSONAL PROPERTY
TAXES MAY BE BROUGHT BEFORE THE SUPERIOR COURT.
SEC. 429. //D.C. CODE 47 - 649.// ANY PERSON WHO SHALL REFUSE OR
KNOWINGLY NEGLECT TO PERFORM ANY DUTY ENJOINED ON HIM BY LAW, OR WHO
SHALL CONSENT TO OR CONNIVE AT ANY EVASION OF THE PROVISION OF THE FIRST
SECTION OF THE ACT OF MARCH 3, 1881 (D.C. CODE, DEC. 47 - 209), "21
STAT. 460, D.C. CODE 47 - 301." OR SECTION 13 OF THE ACT OF AUGUST 14,
1894 (D.C. CODE, SEC. 47 - 606, "28 STAT. 285." OR ANY OTHER PROVISION
OF THIS TITLE SHALL, FOR EACH OFFENSE, BE REMOVED FROM OFFICE AND FINED
NOT MORE THAN $10,000, OR IMPRISONED FOR NO LONGER THAN ONE YEAR, OR
BOTH, IN THE DISCRETION OF THE COURT.
SEC. 430. "D.C. CODE 47 - 650." (A) IN ORDER THAT THE SHIFT TO
EQUALIZED ASSESSMENT AT THE SAME PERCENTAGE OF ESTIMATED MARKET VALUE
FOR ALL PROPERTIES NOT RESULT IN INCREASES IN PROPORTIONATE TAX BURDEN
FOR HOUSEHOLDS OF LOW OR MODERATE INCOME WHO OWN OR RENT PROPERTY
IDENTIFIED ON THE ASSESSMENT ROLLL AS ROW DWELLINGS, DETACHED DWELLINGS,
OR SEMI-DETACHED DWELLINGS, THE COUNCIL BY REGULATION IS AUTHORIZED TO
PROVIDE THAT THE AMOUNT OF UP TO $3,000 OF MARKET VALUE MAY BE DEDUCTED
FROM THE ESTIMATED MARKET VALUE OF SOME OR ALL OF SUCH PROPERTY.
(B) SUBSECTION (A) SHALL TAKE EFFECT ON AND AFTER JULY 1, 1974.
SEC. 431. "D.C. CODE 47 - 651." (A) THE COUNCIL SHALL, WITHIN ONE
YEAR AFTER THE DATE OF ENACTMENT OF THIS TITLE, AFTER PUBLIC HEARING,
ADOPT REGULATIONS PROVIDING TAX INCENTIVES FOR THE REHABILITATION OF
EXISTING STRUCTURES AND FOR NEW CONSTRUCTION, INCLUDING REHABILITATION
OR CONSTRUCTION OF COMMERCIAL PROPERTY, LOCATED IN AREAS OF THE DISTRICT
AS DESIGNATED BY THE COUNCIL. THE COUNCIL SHALL ALSO ADOPT REGULATIONS
PROVIDING TAX INCENTIVES FOR THE REHABILITATION AND MAINTENANCE OF
HISTORIC PROPERTY. SUCH TAX INCENTIVES MAY INCLUDE, BUT ARE NOT LIMITED
TO--,
(1) ESTABLISHING DIFFERENT TAX RATES FOR LAND AND FOR
IMPROVEMENTS THEREON; AND
(2) PROVIDING THAT ANY INCREASE IN ASSESSED VALUE OF
IMPROVEMENTS RESULTING FROM REHABILITATION OR NEW CONSTRUCTION BE
IGNORED FOR TAX PURPOSES FOR UP TO FIVE YEARS FROM THE YEAR OF
SUCE REASSESSMENT.
(B) TO BE ELEGIBLE FOR INCENTIVE UNDER THIS SECTION, HISTORIC
PROPERTY MUST BE PROPERTY DESIGNATED AS AN HISTORIC LANDMARK AND CONFORM
TO THE PROVISIONS OF SUBPART E.
SUBPART E--TAX RELIEF FOR CERTAIN HISTORIC PROPERTIES
SEC. 432. "D.C. CODE 47 - 652." FOR CERTAIN OFFICIALLY DESIGNATED
HISTORIC PROPERTY IN THE DISTRICT, THE COMMISSIONER SHALL, IN ADDITION
TO ASSESSING AT FULL MARKET VALUE, ASSESS LAND AND IMPROVEMENT ON THE
BASIS OF CURRENT USE AND STRUCTURES OF THE PROPERTY, WHICH LATTER
ASSESSMENT, IF IT IS LESS THAN FULL MARKET VALUE, SHALL BE THE BASIS OF
TAX LIABILITY TO THE DISTRICT.
SEC. 433. "D.C. CODE 47 - 653." TO BE ELIGIBLE FOR HISTORIC PROPERTY
TAX RELIEF, REAL PROPERTY MUST BE HISTORIC PROPERTY DESIGNATED BY THE
JOINT COMMITTEE ON LAND MARKS OF THE NATIONAL CAPITAL PLANNING
COMMISSION AND THE COMMISSION ON FINE ARTS, AND, IN ADDITION, MUST BE
APPROVED BY THE COMMISSIONER UNDER SECTION 434.
SEC. 434. "D.C. CODE 47 - 654." THE COUNCIL MAY PROVIDE THAT THE
OWNERS OF PROPERTIES WHICH HAVE BEEN DESIGNATED HISTORIC LANDMARKS BY
THE JOINT COMMITTEE ON LANDMARKS OF THE NATIONAL CAPITAL PLANNING
COMMISSION AND THE COMMISSION OF FINE ARTS MAY ENTER INTO AGREEMENTS
WITH THE GOVERNMENT OF THE DISTRICT OF COLUMBIA FOR PERIODS OF AT LEAST
TWENTY YEARS WHICH WILL ASSURE THE CONTINUED MAINTENANCE OF HISTORIC
PROPERTIES IN RETURN FOR PROPERTY TAX RELIEF. SUCH A PROVISION SHALL,
AS A CONDITION FOR TAX RELIEF, REQUIRE REASONABLE ASSURANCE THAT SUCH
PROPERTY WILL BE USED AND PROPERLY MAINTAINED AND SUCH OTHER CONDITIONS
AS THE COUNCIL FINDS TO BE NECESSARY TO ENCOURAGE THE PRESERVATION OF
HISTORIC PROPERTY. THE COUNCIL SHALL ALSO PROVIDE FOR THE RECOVERY OF
BACK TAXES, WITH INTEREST, WHICH WOULD HAVE BEEN DUE AND PAYABLE IN THE
ABSENCE OF THE EXEMPTION, IF THE CONDITIONS FOR SUCH EXEMPTION ARE NOT
FULFILLED.
SUBPART F--TAX DEFERRAL
SEC. 435. "D.C. CODE 47 - 655." (A) AN ELIGIBLE TAXPAYER MAY DEFER
EACH YEAR ANY REAL PROPERTY TAX OWED IN EXCESS OF 110 PER CENTUM OF HIS
IMMEDIATELY PRECEDING YEAR'S REAL PROPERTY TAX LIABILITY. TO BE
ELIGIBLE FOR SUCH DEFERRAL THE TAXPAYER MUST--,
(1) HAV OWNED FOR AT LEAST FIVE YEARS THE RESIDENTIAL REAL
PROPERTY FOR WHICH DEFERRAL IS CLAIMED;
(2) CERTIFY THAT THE COMBINED HOUSEHOLD ADJUSTED GROSS INCOME
(FOR PURPOSES OF DISTRICT INCOME TAXES) DOES NOT EXCEED $20,000 IN
ONE YEAR;
(3) FILE A WRITTEN REQUEST FOR DEFERRAL OF A FORM PRESCRIBED BY
THE COMMISSIONER;
(4) CERTIFY THAT SUCH RESIDENTIAL REAL PROPERTY IS THE PRINCIP
PRINCIPAL PLACE OF RESIDENCE OF THE TAXPAYER;
(5) CERTIFY THAT THE ZONING CLASSIFICATION OF SUCH
RESIDENTIAL PROPERTY HAS NOT CHANGED IN THE IMMEDIATELY PAST
FISCAL YEAR;
(6) CERTIFY THAT INCREASES IN THE ASSESSED VALUATION OF SUCH
RESIDENTIAL REAL PROPERTY ATTRIBUTABLE TO IMPROVEMENTS WHICH
INCREASE THE INTRINSIC VALUE OF SUCH RESIDENTIAL REAL PROPERTY ARE
NOT INCLUDED IN THE CALCULATION OF THE INCREASE IN REAL PROPERTY
TAX PAYABLE; AND
(7) CERTIFY THAT THE ASSESSMENT OF SUCH RESIDENTIAL REAL
PROPERTY FOR THE IMMEDIATELY PREVIOUS FISCAL YEAR WAS NOT THE
RESULT OF AN OBVIOUS ARITHMETICAL ERROR.
(B) TAXES DEFERRED UNDER THIS SECTION SHALL BEAR INTEREST COMPOUNDED
ANNUALLY. THE RATE OF INTEREST WHICH SHALL BE APPLIED IN EACH YEAR
SHALL BE THE AVERAGE TREASURY BILL RATE FOR THE PRECEDING TWELVE MONTHS
AS CERTIFIED BY THE SECRETARY OF THE TREASURY TO THE COMMISSIONER.
(C) NO FURTHER DEFERRALS OF REAL PROPERTY TAX SHALL BE GRANTED A
TAXPAYER WHEN HIS DEFERRED TAX PLUS INTEREST EQUALS MORE THAN 10 PER
CENTUM OF THE CURRENT ASSESSED VALUE OF HIS PROPERTY.
(D) TAXES DEFERRED UNDER THIS SECTION, TOGETHER WITH ALL ACCUMULATED
INTEREST, SHALL CONSTITUTE A PREFERENTIAL LIEN UPON THE REAL PROPERTY
WHICH SHALL BE IMMEDIATELY PAYABLE BY THE SELLER, TRANSFEROR, OR
CONVEYOR WHENEVER THE REAL PROPERTY IS SOLD, REFINANCED, TRANSFERRED, OR
CONVEYED IN ANY MANNER, OR WHENEVER ADDITIONAL CO-OWNERS (OTHER THAN
SPOUSE) ARE ADDED TO THE REAL PROPERTY.
SEC. 436. "D.C. CODE 47 - 656." (A) ANY OWNER OF RESIDENTIAL REAL
PROPERTY WHOSE COMBINED HOUSEHOLD ADJUSTED GROSS INCOME IS IN EXCESS OF
$20,000, AND WHO MEETS THE QUALIFICATIONS SPECIFIED IN CLAUSES (1), (3),
(4), (5), AND (6) OF SUBSECTION (A) OF SECTION 435, MAY DEFER THE AMOUNT
OF REAL PROPERTY TAX ATTRIBUTABLE TO AN INCREASE BY MORE THAN 25 PER
CENTUM IN ANY ONE YEAR OVER THE ASSESSMENT OF THE IMMEDIATELY PREVIOUS
FISCAL YEAR. FOR THE PURPOSES OF THIS SECTION AND SECTION 435, FOR THE
FISCAL YEAR 1975 THE ASSESSED VALUE OF ALL PROPERTIES ASSESSED AT 55 PER
CENTUM OF ESTIMATED MARKET VALUE SHALL BE THE ASSESSED VALUE OF THE
PROPERTY DIVIDED BY 0.55.
(B) TAXES DEFERRED UNDER THIS SECTION SHALL BEAR INTEREST COMPOUNDED
ANNUALLY. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE RATE OF
INTEREST WHICH SHALL BE APPLIED IN EACH YEAR IS THE AVERAGE TREASURY
BILL RATE FOR THE PRECEDING TWELVE MONTHS AS CERTIFIED BY THE SECRETARY
OF THE TREASURY TO THE COMMISSIONER.
(C) NO FURTHER DEFERRALS OF REAL PROPERTY TAX SHALL BE GRANTED A
TAXPAYER WHEN HIS DEFERRED TAX PLUS INTEREST EQUALS MORE 10 PER CENTUM
OF THE CURRENT ASSESSED VALUE OF HIS PROPERTY.
(D) TAXES DEFERRED UNDER THIS SECTION, TOGETHER WITH ALL ACCUMULATED
INTEREST, SHALL CONSTITUTE A PREFERENTIAL LIEN UPON THE PROPERTY WHICH
SHALL BE IMMEDIATELY PAYABLE BY THE SELLER, TRANSFEROR, OR CONVEYOR
WHENEVER THE PROPERTY IS SOLD, REFINANCED, TRANSFERRED, OR CONVEYED IN
ANY MANNER, OR WHENEVER ADDITIONAL CO-OWNERS (OTHER THAN SPOUSE) ARE
ADDED TO THE PROPERTY.
(E) THE DEFERRAL PROVIDED IN THIS SECTION SHALL TERMINATE JUNE 30,
1979 UNLESS SPECIFICALLY EXTENDED BY THE COUNCIL.
SEC. 437. "D.C. CODE 47 - 657." NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, WHENEVER ANY REAL PROPERTY IN THE DISTRICT OF COLUMBIA HAS BEEN,
OR SHALL HEREINAFTER BE, OFFERED FOR SALE FOR NONPAYMENT OF TAXES OR
ASSESSMENTS OF ANY KIND WHATSOEVER, AND SHALL HAVE BEEN BID OFF IN THE
NAME OF THE DISTRICT OF COLUMBIA, AND TWO YEARS OR MORE HAVE ELAPSED
SINCE SUCH PROPERTY WAS BID OFF AS AFORESAID, AND THE SAME HAS NOT BEEN
REDEEMED AS PROVIDED BY LAW, THE COMMISSIONER OF THE DISTRICT MAY
ENFORCE THE LIEN OF THE DISTRICT FOR TAXES OR OTHER ASSESSMENTS ON SUCH
REAL PROPERTY BY ORDERING THAT A DEED IN FEE SIMPLE TO SUCH PROPERTY BE
ISSUED BY THE COMMISSIONER OF THE DISTRICT OF COLUMBIA TO THE DISTRICT
OF COLUMBIA, AND UP TO THE TIME OF THE ISSUANCE OF THE DEED SUCH
PROPERTY MAY BE REDEEMED BY THE OWNER OR OTHER PERSON HAVING AN INTEREST
THEREIN BY THE PAYMENT OF ALL TAXES OR ASSESSMENTS DUE THE DISTRICT OF
COLUMBIA UPON SAID PROPERTY, AND ALL LEGAL PENALTIES, INTEREST AND COSTS
THEREON, TOGETHER WITH SUCH OTHER EXPENSES AND COSTS, INCLUDING COSTS OF
PUBLICATION, AS MAY HAVE BEEN INCURRED BY THE DISTRICT.
SEC. 438. "D.C. CODE 47 - 658." THE COUNCIL IS HEREBY AUTHORIZED TO
ESTABLISH A PROGRAM WHEREBY TITLE TO PROPERTIES ACQUIRED BY TAX PURSUANT
TO SECTION 437 MAY, FOR WHATEVER SUM IT DEEMS APPROPRIATE, BE
TRANSFERRED TO PERSONS MEETING CRITERIA WHICH SHALL BE RSTABLISHED BY
THE COUNCIL, WHO GUARANTEE TO PAY TAXES ON AND TO LIVE IN THE PROPERTY
FOR AT LEAST FIVE YEARS, AND WHO GIVE ASSURANCE OF BRINGING SUCH
PROPERTY INTO REASONABLE COMPLIANCE WITH THE BUILDING CODE IN THE
DISTRICT.
SEC. 411. THE FIRST SECTION OF THE ACT OF DECEMBER 24, 1942 (D.C.
CODE, SEC. 47 - 801 (A)) "56 STAT. 1089, D.C. CODE 47 - 801A." IS
AMENDED, ON AND AFTER JULY 1, 1974, BY ADDING AT THE END THEREOF THE
FOLLOWING:
"(S) BUILDINGS OWNED BY AND ACTUALLY OCCUPIED AND USED FOR LEGITIMATE
THEATER, MUSIC, OR DANCE PURPOSES BY A CORPORATION WHICH IS NOT
ORGANIZED OR OPERATED FOR COMMERCIAL PURPOSES OR FOR PRIVATE GAIN, WHICH
BUILDINGS ARE OPEN TO THE PUBLIC, GENERALLY, AND FOR ADMISSION TO WHICH
CHARGES MAY BE MADE TO COVER THE COST OF EXPENSES."
SEC. 442. THE COMMISSIONER SHALL PUBLISH, BY CLASS AND BY INDIVIDUAL
PROPERTY, A LISTING OF ALL REAL PROPERTY EXEMPT FROM THE REAL PROPERTY
TAX IN THE DISTRICT. SUCH LISTING SHALL INCLUDE THE ADDRESS, LOT, AND
SQUARE, THE NAME OF THE OWNER, THE ASSESSED VALUE OF THE LAND AND "D.C.
CODE 47 - 801-1." IMPROVEMENTS OF SUCH PROPERTY, AND THE AMOUNT OF THE
TAX EXEMPTION IN THE PREVIOUS FISCAL YEAR.
SEC. 451. EFFECTIVE JANUARY 1, 1975, TITLE VI OF THE DISTRICT OF
COLUMBIA INCOME AND FRANCHISE ACT OF 1947 "61 STAT. 343; 83 STAT. 179,
D.C. CODE 47 - 1567." IS AMENDED BY ADDING AT THE END THEREOF THE
FOLLOWING NEW SECTION:
"SEC. 7. "D.C. CODE 47 - 1567G." CREDIT FOR PROPERTY TAXES ACCRUED
AND PAYABLE BY DISTRICT OF COLUMBIA RESIDENTS.--(A)(1) FOR PUROPSES OF
PROVIDING RELIEF TO CERTAIN DISTRICT OF COLUMBIA RESIDENTS WHO OWN OR
RENT THEIR PRINCIPLE PLACE OF ABODE AND WHO RESIDE IN SAME, A CREDIT
SHALL BE ALLOWED TO THE ELIGIBLE CLAIMANT EQUAL TO THE AMOUNT BY WHICH
ALL OR A PORTION OF REAL PROPERTY TAXES THE TAXPAYER PAYS, OR RENT PAID
CONSTITUTING PROPERTY TAXES, ON HIS PRINCIPAL PLACE OF RESIDENCE FOR THE
TAXABLE YEAR, EXCEEDS A PERCENTAGE (DETERMINED UNDER SUBSECTION (A)(2))
OF HIS HOUSEHOLD GROSS INCOME FOR THAT YEAR.
"(2) THE PERCENTAGE REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION
TO BE DETERMINED UNDER THIS SUBSECTION FOR TAXPAYERS SHALL BE THE
PERCENTAGE SPECIFIED IN THE FOLLOWING TABLE:
" (B) DEFINITIONS.--FOR PURPOSES OF THIS SECTION:
"(1)(A) THE TERM 'HOUSEHOLD GROSS INCOME' MEANS GAINS, PROFITS, AND
INCOME DERIVED FROM SALARIES, WAGES, OR COMPENSATION FOR PERSONAL
SERVICES OF WHATEVER KIND AND IN WHATEVER FORM PAID, INCLUDING SALARIES,
WAGES, AND COMPENSATION PAID BY THE UNITED STATES TO ITS OFFICERS AND
EMPLOYEES, OR INCOME DERIVED FROM ANY TRADE OR BUSINESS OR SALES OR
DEALINGS IN PROPERTY, WHETHER REAL OR PERSONAL, INCLUDING CAPITAL ASSETS
AS DEFINED IN THIS ARTICLE GROWING OUT OF THE OWNERSHIP OF SALE OF OR
INTEREST IN SUCH PROPERTY; INCOME FROM RENT, ROYALTIES, INTEREST,
DIVIDENDS, SECURITIES, OR TRANSACTIONS OF ANY TRADE OR BUSINESS CARRIED
ON FOR GAIN OR PROFIT, OR GAINS OR PROFITS AND INCOME DERIVED FROM ANY
SOURCE WHATEVER, INCLUDING BUT NOT LIMITED TO ALIMONY, AND SEPARATE
MAINTENANCE PAYMENTS (INCLUDING AMOUNTS RECEIVED UNDER SEAPRATE
MAINTENANCE AGREEMENTS), STRIKING BENEFITS, CASH PUBLIC ASSISTANCE AND
RELIEF (NOT INCLUDING RELIEF OR CREDIT GRANTED UNDER THIS SECTION), SICK
PAY, WORKMEN'S COMPENSATION, PROCEEDS OF LIFE INSURANCE POLICIES, THE
GROSS AMOUNT OF ANY PENSION OR ANNUITY (INCLUDING RAILROAD RETIREMENT
BENEFITS, VETERANS' DISABILITY PENSIONS, OR PAYMENT RECEIVED UNDER THE
FEDERAL SOCIAL SECURITY ACT, "49 STAT. 620, 42 USC 1305." STATE OR
DISTRICT OF COLUMBIA UNEMPLOYMENT COMPENSATION LAWS, AND NONTAXABLE
INTEREST RECEIVED FROM THE UNITED STATES, A STATE OR ANY AGENCY OR
INSTRUMENTALITY THEREOF. THE WORD 'INCOME' DOES NOT INCLUDE GIFTS FROM
NONGOVERNMENTAL SOURCES, FOOD STAMPS, OR FOOD OR OTHER RELIEF IN KIND
SUPPLIED BY A GOVERNMENTAL AGENCY.
"(B) IN DETERMINING HOUSEHOLD GROSS INCOME THE EXCLUSIONS FROM GROSS
INCOME AS PROVIDED BY SUBSECTION (B) OF SECTION 2 OF TITLE III OF THIS
ARTICLE SHALL NOT APPLY. "80 STAT. 812, D.C. CODE 47 - 1557A."
"(2) THE TERM 'HOUSEHOLD INCOME' SHALL HAVE THE SAME MEANING AS THE
WORDS 'ADJUSTED GROSS INCOME' ARE DEFINED IN SUBSECTION (C) OF SECTION 2
OF TITLE III OF THIS ARTICLE. FOR PURPOSES OF DETERMINING ADJUSTED
GROSS INCOME WITHIN THE MEANING OF THIS SECTION, GROSS INCOME SHALL MEAN
HOUSEHOLD INCOME AS DEFINED IN THIS SECTION.
"(3) THE TERM 'HOME' MEANS THE CLAIMANT'S DWELLING HOUSE, WHETHER
OWNED OR RENTED BY THE CLAIMANT, AND SO MUCH OF THE LAND SURROUNDING IT
AS IS REASONABLY NECESSARY FOR USE OF THE DWELLING AS A HOME, AND MAY
INCLUDE A MULTIUNIT BUILDING OR A MULTIPURPOSE BUILDING AND A PART OF
THE LAND UPON WHICH IT IS LOCATED.
"(4) THE TERM 'CLAIMANT' MEANS A PERSON WHO HAD FILED A CLAIM UNDER
THIS SECTION, WAS AN OWNER OF RECORD OF A HOME IN THE DISTRICT, OR A
LESSEE, TENANT AT WILL OR TENANT AT SUFFERANCE PAYING RENT ON A HOME IN
THE DISTRICT, DURING THE ENTIRE CALENDAR YEAR PRECEDING THE YEAR IN
WHICH HE FILES A CLAIM FOR RELIEF UNDER THIS SECTION. ONLY ONE CLAIMANT
PER HOME AND PER HOUSEHOLD PER YEAR SHALL BE ENTITLED TO RELIEF UNDER
THIS SECTION.
"(5) (A) THE TERM 'RENT CONSTITUTING PROPERTY TAXES ACCRUED' MEANS 15
PER CENTUM OF THE RENT ACTUALLY PAID BY A CLAIMANT IN CASH OR ITS
EQUIVALENT IN THE CALENDAR YEAR 1975 OR ANY SUBSEQUENT CALENDAR YEAR
SOLELY FOR THE RIGHT TO OCCUPY HIS DISTRICT HOME IN SUCH CALENDAR YEAR,
AND WHICH RENT CONSTITUTES THE BASIS IN THE SUCCEEDING CALENDAR YEAR FOR
THE CLAIM FOR RELIEF MADE BY THE CLAIMANT UNDER THIS SECTION, EXCLUSIVE
OF AMOUNTS WHICH ARE PAID AS RENT OR OTHER CONSIDERATION FOR THE
PROVIDING BY THE LANDLORD OF FURNITURE OR FURNISHINGS OF ANY KIND, AND
EXCLUSIVE OF AMOUNTS INCLUDED IN THE RENT FOR UTILITIES. WHENEVER THE
AMOUNT OF RENT INCLUDES CHARGES FOR THE PROVIDING BY THE LANDLORD OF
FURNITURE OR FURNISHINGS OR CHARGES FOR UTILITIES, AND THE CHARGES
THEREFOR ARE NOT SEPARATELY STATED, THEN THERE SHALL BE DEDUCTED FROM
THE RENT AS THE CHARGE FOR SUCH FURNITURE OR FURNISHINGS 20 PER CENTUM
OF THE RENT, AND FOR UTILITIES 10 PER CENTUM OF THE RENT, AND THE
BALANCE SHALL BE DEEMED TO BE THE AMOUNT PAID BY THE CLAIMANT SOLELY FOR
THE RIGHT TO OCCUPY HIS DISTRICT HOME FOR THE PURPOSES OF THE CREDIT
ALLOWED UNDER THIS SECTION.
"(C) IN THE EVENT THAT ANY INSTALLMENT OF RENT FOR A CALENDAR YEAR
FOR WHICH A CLAIM IS FILED IS PAID PRIOR TO THE BEGINNING OF OR
SUBSEQUENT TO THE END OF SUCH CALENDAR YEAR, IT SHALL BE INCLUDED AS
RENT FOR THE YEAR FOR WHICH THE CLAIM WAS MADE AND FOR NO OTHER YEAR,
AND SHALL NOT BE INCLUDED AS RENT FOR PURPOSES OF THIS SECTION FOR THE
YEAR IN WHICH THE INSTALLMENT WAS PAID.
"(D) IF THE COMMISSIONER DETERMINES THAT THE RENT PAID WAS NOT THE
RESULT OF AN AGREEMENT ENTERED INTO AT ARM'S LENGTH BETWEEN THE TENANT
AND HIS LANDLORD, THE COMMISSIONER MAY ADJUST THE RENT TO A REASONABLE
AMOUNT FOR THE PURPOSES OF THIS SECTION.
"(E) (1) BEGINNING WITH THE CALENDAR YEAR 1975 AND FOR EACH
SUCCEEDING CALENDAR YEAR, IF A CLAIMANT OWNS AND OCCUPIES HIS HOME IN
THE DISTRICT ON JULY 1 OF ANY SUCH YEAR,'PROPERTY TAXES ACCRUED' MEANS
PROPERTY TAXES (EXCLUSIVE OF SPECIAL ASSESSMENTS, INTEREST ON A
DELINQUENCY IN PAYMENT OF TAX, AND ANY PENALTIES AND SERVICE CHARGES)
ASSESSED AND PAID TO DATE AGAINST SUCH HOME COMMENCING JANUARY 1, 1975,
AND FOR SUCCEEDING YEARS. IF A HOME IS AN INTEGRAL PART OF A LARGER
UNIT SUCH AS A MULTIPURPOSE BUILDING OR A MULTIDWELLING BUILDING,
PROPERTY TAXES ACCRUED SHALL BE THAT PERCENTAGE OF THE TOTAL PROPERTY
TAXES ACCRUED AS THE VALUE OF THE HOME BEARS TO THE TOTAL VALUE OF THE
PROPERTY.
"(2) WHEN A CLAIMANT RENTS TWO OR MORE DIFFERENT HOMES IN THE
DISTRICT IN THE SAME CALENDAR YEAR, RENT PAID BY THE CLAIMANT DURING
THAT YEAR SHALL BE DETERMINED BY DIVIDING THE RENT PAID PURSUANT TO THE
LAST RENTAL AGREEMENT IN FORCE DURING THAT CALENDAR YEAR BY THE NUMBER
OF MONTHS DURING THAT CALENDAR YEAR FOR WHICH THIS RENT WAS PAID AND
MULTIPLYING THE RESULT BY TWELVE.
"(F) THE RIGHT TO FILE UNDER THIS SECTION SHALL BE PERSONAL TO THE
CLAIMANT, BUT SUCH RIGHT MAY BE EXERCISED BY HIS LEGAL GUARDIAN OR
ATTORNEY-IN-FACT. THE RIGHT TO FILE A CLAIM SHALL NOT SURVIVE THE DEATH
OF A CLAIMANT. IF A CLAIMANT DIES AFTER HAVING FILED A CLAIM, ANY
AMOUNT REFUNDED AS A RESULT THEREOF SHALL BE DISBURSED TO HIS ESTATE:
PROVIDED, THAT IF NO EXECUTOR OR ADMINISTRATOR QUALIFIES THEREIN WITHIN
TWO YEARS OF THE FILING OF THE CLAIM, OR NO PETITION FOR DISTRIBUTION OF
A SMALL ESTATE IS FILED PURSUANT TO THE FIRST SECTION OF THE ACT OF
SEPTEMBER 14, 1965 (D.C. CODE, SECS. 20 - 2101 AND 20 - 2102), "79 STAT.
730, 85 STAT. 313." THE CLAIM SHALL NOT BE ALLOWED.
"(G) SUBJECT TO THE LIMITATIONS PROVIDED IN THIS SECTION, COMMENCING
WITH THE TAXABLE YEAR BEGINNING AFTER DECEMBER 31, 1974, AND FOR
SUCCEEDING TAXABLE YEARS, THE CLAIMANT MAY CLAIM AS A CREDIT AGAINST THE
DISTRICT INCOME TAXES OTHERWISE DUE ON HIS INCOME, PROPERTY TAXES
ACCRUED OR RENT CONSTITUTING PROPERTY TAXES ACCRUED FOR THAT YEAR. IF
THE ALLOWABLE AMOUNT OF SUCH CLAIM EXCEEDS THE INCOME TAXES OTHERWISE
DUE FROM THE CLAIMANT, OR OTHER TAX LIABILITIES OF THE CLAIMANT TO THE
DISTRICT, OR IF THERE ARE NO DISTRICT INCOME TAXES DUE FROM THE
CLAIMANT, THE AMOUNT OF THE CLAIM NOT USED AS AN OFFSET AGAINST INCOME
TAXES OR OTHER TAX LIABILITIES OF THE CLAIMANT TO THE DISTRICT SHALL BE
PAID OR CREDITED TO THE CLAIMANT. NO INTEREST SHALL BE ALLOWED ON ANY
PAYMENT MADE TO A CLAIMANT PURSUANT TO THIS SECTION.
"(H) NO CLAIM WITH RESPECT TO PROPERTY TAXES ACCRUED OR WITH RESPECT
TO RENT CONSTITUTING PROPERTY TAXES ACCRUED SHALL BE ALLOWED UNLESS A
DISTRICT OF COLUMBIA INDIVIDUAL INCOME TAX RETURN OR (IF THE CLAIMANT IS
NOT REQUIRED TO FILE SUCH RETURN) A CLAIM FOR CREDIT UNDER THIS SECTION
IS FILED WITH THE DISTRICT ON THE FORMS AND IN SUCH MANNER AND WITH SUCH
INFORMATION AS THE COMMISSIONER MAY PRESCRIBE. ANY CLAIM FOR CREDIT
SHALL BE FILED ON OR BEFORE THE TIME PRESCRIBED FOR THE FILING OF A
RETURN OF INDIVIDUAL INCOME UNDER THIS ARTICLE. THE COMMISSIONER MAY
GRANT A REASONABLE EXTENSION OF TIME, NOT TO EXCEED SIX MONTHS, FOR THE
FILING OF A RETURN OR CLAIM FOR CREDIT UNDER THIS SECTION WHENEVER IN
HIS JUDGMENT GOOD CAUSE EXISTS THEREFOR.
"(I) THE AMOUNT OF ANY CLAIM OTHERWISE PAYABLE UNDER THIS SECTION MAY
BE APPLIED BY THE DISTRICT AGAINST ANY OUTSTANDING TAX LIABILITY OF THE
CLAIMANT TO THE DISTRICT.
"(J) (1) IN DETERMINING ELIGIBILITY FOR THE CREDIT ALLOWABLE UNDER
THIS SECTION, AND FOR THE PURPOSE OF DETERMINING OUTSTANDING TAX
LIABILITY (IF ANY) OF THE CLAIMANT TO THE DISTRICT HOUSEHOLD INCOME FOR
WHICH THE CLAIM IS FILED AND THE CLAIMANT'S OUTSTANDING TAX LIABILITY
(IF ANY) SHALL BE DETERMINED ON THE BASIS OF THE COMBINED HOUSEHOLD
INCOME OF ALL MEMBERS PRESENT IN THE HOUSEHOLD, EXCEPT THERE SHALL BE
EXCLUDED FROM THE COMPUTATION OF GROSS HOUSEHOLD INCOME THE FIRST $1,000
EARNED BY A DEPENDENT.
"(2) IN THE CASE OF HUSBAND AND WIFE, WHO DURING THE ENTIRE CALENDAR
YEAR FOR WHICH A CLAIM IS FILED UNDER THIS SECTION, MAINTAIN SEPARATE
HOMES, FOR THE PURPOSE OF DETERMINING HOUSEHOLD INCOME AND THE
CLAIMANT'S OUTSTANDING TAX LIABILITY (IF ANY), SUCH HUSBAND AND WIFE
SHALL BE DEEMED TO HAVE BEEN UNMARRIED DURING THE CALENDAR YEAR FOR
WHICH THE CLAIM IS MADE.
"(K) NO CREDIT SHALL BE ALLOWED UNDER THIS TITLE FOR ANY YEAR DURING
WHICH THE PERSON CLAIMING THE CREDIT WAS A DEPENDENT, UNDER ANY STATE,
FEDERAL, OR DISTRICT LAW LEVYING A TAX ON INCOME, UNLESS DURING THAT
YEAR SUCH PERSON IS OR BECOMES SIXTY-FIVE YEARS OF AGE OR OLDER.
"(L) IN THE CASE OF PERSONS WHOSE INCOMES VARY SUBSTANTIALLY FROM
YEAR TO YEAR, THE DISTRICT OF COLUMBIA COUNCIL SHALL ADOPT REGULATIONS
CONCERNING INCOME AVERAGING FOR PURPOSES OF CALCULATING BENEFITS.
"(M) EACH OWNER OF A RENTAL UNIT OR HIS AUTHORIZED AGENT SHALL, WHEN
REQUESTED IN WRITING, FURNISH TO THE TENANT MAKING SUCH WRITTEN REQUEST
A STATEMENT INDICATING THE AMOUNT OF RENT PAID BY THE TENANT DURING THE
CALENDAR YEAR SOLELY FOR THE RIGHT OF OCCUPANCY OF THE LEASED PREMISES.
REQUESTS SHALL BE MADE UNDER THIS PARAGRAPH ONLY BY THOSE PERSONS
ENTITLED TO FILE A CLAIM UNDER THIS SECTION OR WHO AT THE TIME OF THE
MAKING OF THE REQUEST DEEM THEMSELVES ENTITLED TO FILE A CLAIM FOR
CREDIT UNDER THIS SECTION.
"(N) (1) IF, ON AN AUDIT OF ANY CLAIM FILED UNDER THIS SECTION, THE
COMMISSIONER FINDS THE AMOUNT TO HAVE BEEN INCORRECTLY COMPUTED, HE
SHALL DETERMINE THE CORRECT AMOUNT AND NOTIFY THE CLAIMANT IN ACCORDANCE
WITH THE PROCEDURES SET FORTHIN SECTION 5 OF TITLE XII OF THIS ARTICLE.
"61 STAT. 352; 74 STAT. 203, D.C. CODE 47 - 1586D."
"(2) IF IT IS DETERMINED THAT A CLAIM WAS FILED WITH FRAUDULENT
INTENT, IT SHALL BE DISALLOWED IN FULL. IF THE CLAIM HAS BEEN PAID OR A
CREDIT HAS BEEN ALLOWED AGAINST INCOMETAXES OTHERWISE PAYABLE, THE
CREDIT SHALL BE CANCELED AND THE AMOUNT PAID SHALL BE ASSESSED AGAINST
THE CLAIMANT AND RECOVERED IN THE SAME MANNER AS PROVIDED FOR THE
COLLECTION OF TAXES UNDER SECTION 1601 OF TITLE XVI OF THE ACT OF MAY
18, 1954 (D.C. CODE, SEC. 47 - 312). "63 STAT. 119."
"(O) NO CLAIM FOR RELIEF UNDER THIS SECTION SHALL BE ALLOWED TO ANY
PERSON WHO WAS NOT LIVING IN A HOME WHICH WAS SUBJECT TO DISTRICT OF
COLUMBIA REAL PROPERTY TAXATION DURING THE CALENDAR YEAR FOR WHICH THE
CLAIM IS FILED.
"(P) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY
PERSON AGGRIEVED BY THE DENIAL IN WHOLE OR IN PART OF A CLAIM FOR THE
CREDIT AUTHORIZED BY THIS SECTION, OR AN ASSESSMENT OF TAX MADE PURSUANT
TO PARAGRAPH (1) OF THIS SECTION, MAY APPEAL THE DENIAL WITHIN SIX
MONTHS AFTER NOTICE OF THE DENIAL OF THE CLAIM OR WITHIN SIX MONTHS
AFTER NOTICE OF ASSESSMENT, TO THE BOARD WHICH SHALL CONSIDER SUCH
APPEAL AS A CONTESTED CASE UNDER SECTION 10 OF THE DISTRICT OF COLUMBIA
ADMINISTRATIVE PROCEDURE ACT (D.C. CODE, SEC. 1 - 1509). "82 STAT.
1208." IN THE CASE OF AN ASSESSMENT OF TAX, THE MAILING TO THE CLAIMANT
OF A STATEMENT OF TAXES DUE SHALL BE CONSIDERED NOTICE OF ASSESSMENT
WITH RESPECT TO SUCH TAXES.
"(Q) THE COMMISSIONER IS AUTHORIZED TO PROVIDE A TABLE WHICH WILL
APPEOXIMATE, AS CLOSELY AS FEASIBLE, THE AMOUNT OF RELIEF ALLOWABLE
UNDER THIS SECTION.
"(R) IF IT IS DETERMINED BY THE DISTRICT THAT A CLAIMANT RECEIVED
TITLE TO HIS HOME IN THE DISTRICT OR BECAME LEGALLY OBLIGATED TO PAY
RENT FOR HIS HOME IN THE DISTRICT PRIMARILY FOR THE PURPOSE OF RECEIVING
BENEFITS UNDER THE PROVISIONS OF THIS SECTION, HIS CLAIM SHALL BE
DISALLOWED.
"(S) THE DISTRICT OF COLUMBIA COUNCIL IS EMPOWERED TO MAKE SUCH
CHANGES IN THE AMOUNT OF ANNUAL RELIEF PROVIDED UNDER SECTION 7 (A) OF
THIS TITLE AS IT MAY DEEM PROPER.".
SEC. 461. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW THE PROPERTY
TAX RATE FOR THE DISTRICT OF COLUMBIA FOR FISCAL YEAR 1975 SHALL BE SET
BY THE COUNCIL AT SUCH AN AMOUNT TO YIELD AT LEAST $146 MILLION IN
FISCAL YEAR 1975; EXCEPT THAT SUCH AMOUNT MAY BE REDUCED BY ANY AMOUNT
RAISED BY THE COUNCIL PURSUANT TO DELEGATION OF AUTHORITY CONTAINED IN
SECTION 471 OF THIS ACT, OR BY ANY REVENUE OBTAINED PURSUANT TO ANY
OTHER PROVISION OF LAW, OR BY ANY AMOUNTRAISED BY REPROGRAMMING OR
REALLOCATION OF THE FISCAL YEAR 1975 BUDGET.
TO DISTRICT SALES TAX ACT AND MISCELLANEOUS
SEC. 471. IN ORDER TO PROVIDE FOR ADDITIONAL REVENUE TO MEET
ADDITIONAL EXPENDITURES RESULTING FROM A COMPENSATION INCREASE ADOPTED
FOR PERSONS PAID UNDER THE DISTRICT OF COLUMBIA TEACHERS' SALARY ACT OF
1955, "ANTE, P. 1042." POLICEMEN, AND FIREMEN, THE COUNCIL, IN
ACCORDANCE WITH SECTION 406 OF REORGANIZATION PLAN NUMBERED 3 OF 1967,
IS AUTHORIZED TO CHANGE THE RATE OF THE TAXES IMPOSED UNDER--,
(1) THE DISTRICT OF COLUMBIA INCOME AND FRANCHISE TAX ACT OF
1947, "61 STAT. 628, D.C. CODE 47 - 1551 NOTE."
(2) THE DISTRICT OF COLUMBIA SALES TAX ACT, "63 STAT. 112, D.
C. CODE 47 - 2601 NOTE."
(3) THE DISTRICT OF COLUMBIA USE TAX ACT, D.C. CODE 47 - 2701."
(4) THE DISTRICT OF COLUMBIA CIGARETTE TAX ACT, "D.C. CODE 47 -
2810 NOTE."
(5) THE DISTRICT OF COLUMBIA ALCOHOLIC BEVERAGE CONTROL ACT,
D.C. CODE 47 - 2801 NOTE."
(6) THE ACT OF APRIL 23, 1924 (RELATING TO MOTOR VEHICLE FUEL
ACT, "48 STAT. 319, D.C. CODE 25 - 101."
(7) TITLE V OF THE DISTRICT OF COLUMBIA REVENUE ACT OF 1937,
AND "D.C. CODE 47 - 1901."
(8) ANY OTHER ACT OF CONGRESS IMPOSING A TAX SOLELY IN THE
DISTRICT OF COLUMBIA.
SEC. 472. SECTION 471 SHALL TAKE EFFECT ON THE DATE OF ENACTMENT OF
THIS ACT. "50 STAT. 673, D.C. CODE 47 - 401 ET SEQ."
SEC. 473. SECTION 114(A)(8) OF THE DISTRICT OF COLUMBIA SALES TAX
ACT (D.C. CODE, SEC. 47 - 2601(A)(8) "D.C. CODE 47 - 504 NOTE, 63 STAT.
112." IS AMENDED TO READ AS FOLLOWS:
"(8) THE SALE OF OR CHARGES FOR ADMISSION TO PUBLIC EVENTS, EXCEPT
LIVE PERFORMANCES OF BALLET, DANCE, OR CHORAL PERFORMANCES, CONCERTS
(INSTRUMENTAL AND VOCAL), PLAYS (WITH AND WITHOUT MUSIC), OPERAS AND
READINGS AND EXHIBITIONS OF PAINTINGS, SCULPTURE, PHOTOGRAPHY, GRAPHIC
AND CRAFT ARTS, BUT INCLUDING MOVIES, CIRCUSES, BURLESQUE SHOWS,
SPORTING EVENTS, AND PERFORMANCES OR EXHIBITIONS OF ANY OTHER TYPE OR
NATURE: PROVIDED, THAT ANY CASUAL OR ISOLATED SALE OF OR CHARGE FOR
ADMISSION MADE BY A SEMIPUBLIC INSTITUTION NOT REGULARLY ENGAGED IN
ASKING SUCH SALES OR CHARGES SHALL NOT BE CONSIDERED A RETAIL SALE OR
SALE AT RETAIL."
SEC. 741. THE FOLLOWING ACT OR PARTS OF ACTS ARE REPEALED EFFECTIVE
JUNE 30, 1975:
(A) TITLE XV OF THE DISTRICT OF COLUMBIA PUBLIC WORKS ACT OF
1954 (D.C. CODE, SEC. 47 - 501A.). "68 STAT. 119."
(B) THE FOURTH AND FIFTH PARAGRAPHS UNDER THE HEADING "GENERAL
EXPENSES" OF THE ACT OF MARCH 3, 1881 (D.C. CODE, (D.C. CODE, SEC.
47 - 601). "21 STAT. 460, D.C. CODE 47 - 301.//
(C) THE FIFTH PARAGRAPH UNDER THE PARAGRAPH HEADED "MILITIA" OF
THE ACT OF JULY 7, 1898 (D.C. CODE, SEC. 47 - 602).
(D) SECTION II OF THE ACT OF JUNE 25, 1938 (D.C. CODE, SEC. 47
- 603).
(E) THE FIRST PARAGRAPH OF SECTION 5 (D.C. CODE, SEC. 47 -
713), AND THE SECOND UNNUMBERED PARAGRAPH OF SECTION 6 (D.C.
CODE, SEC. 47 - 605), OF JULY 1, 1902. "32 STAT. 616; 44 STAT.
833, D.C. CODE 47 - 713."
(F) THE FIRST SECTION, AND SECTIONS 2,3,4,6,7, AND 8 OF THE ACT
OF AUGUST 14, 1894 (D.C. CODE, SECS. 47 - 604, 701, 702, 704,
707).
(G) THE FIRST FIVE SENTENCES, AND THE LAST TWO SENTENCES, OF
SECTION 5(A) OF THE ACT OF AUGUST 17, 1937 (D.C. CODE, SECS., 47 -
708--47 - 709). "52 STAT. 372; 84 STAT. 580 D.C. CODE 47 -
2405."
(H) SECTION 5 OF THE ACT OF MARCH 3, 1883 (D.C. CODE, SEC., 47
- 703). "22 STAT. 569, D.C. CODE 47 - 621 NOTE."
SEC. 475. EXCEPT AS SPECIFICALLY PROVIDED IN THIS TITLE, NOTHING IN
THIS TITLE, OR ANY AMENDMENTS MADE BY THIS ACT, SHALL BE CONSTRUED SO AS
TO AFFECT THE AUTHORITY VESTED IN THE COMMISSIONER OF THE K DISTRICT OF
COLUMBIA OR THE AUTHORITY VESTED IN THE DISTRICT OF COLUMBIA COUNCIL BY
REORGANIZATION PLAN NUMBERED 3 OF 1967. "81 STAT. 948, 5 USC APP. II."
THE PERFORMANCE OF ANY FUNCTION VESTED BY THIS TITLE IN THE COMMISSIONER
OF THE DISTRICT OF COLUMBIA OR IN ANY OFFICE OR AGENCY UNDER HIS
JURISDICTION AND CONTROL, OR IN THE DICTRICT OF COLUMBIA COUNCIL, MAY BE
DELEGATED BY THE COMMISSIONER OR BY THE COUNCIL, AS THE CASE MAY BE, IN
ACCORDANCE WITH THE PROVISIONS OF SUCH PLAN.
SEC. 476. (A) THE REPEAL OR AMENDMENT BY THIS TITLE OF ANY PROVISION
OF LAW SHALL NOT AFFECT ANY ACT DONE OR ANY RIGHT ACCRUED OR ACCRUING
UNDER SUCH PROVISION OF LAW BEFORE THE EFFECTIVE DATE OF THIS TITLE OR
ANY SUIT OR PROCEEDING HAD OR COMMENCED BEFORE THE EFFECTIVE DATE OF
THIS TITLE, BUT ALL SUCH RIGHTS AND LIABILITIES UNDER SUCH LAW SHALL
CONTINUE, AND MAY BE ENFORCED IN THE SAME MANNER AND TO THE SAME EXTENT,
AS IF SUCH REPEAL OR AMENDMENT HAD NOT BEEN MADE. "D.C. CODE 47 - 621
NOTE."
(B) ALL OFFENSES COMMITTED, AND ALL PENALTIES INCURRED, PRIOR TO THE
EFFECTIVE DATE OF THIS TITLE, UNDER ANY PROVISION OF LAW HEREBY REPEALED
OR AMENDED, MAY BE PROSECUTED AND PUNISHED IN THE SAME MANNER AND WITH
THE SAME EFFECT AS IF THIS TITLE HAD NOT BEEN ENACTED.
SEC. 477. EXCEPT AS SPECIFICALLY PROVIDED IN THIS ACT, OR IN OTHER
PROVISIONS OF LAW APPLICABLE TO THE DISTRICT OF COLUMBIA, THE COUNCIL
MAY BY REGULATION ESTABLISH PENALTIES FOR VIOLATIONS OF ANY PROVISION OF
THIS TITLE, INCLUDING ANY REGULATION ISSUED PURSUANT TO THIS TITLE.
SUCH PENALTIES MAY NOT EXCEED IMPRISONMENT FOR LONGER THAN ONE YEAR, OR
A FINE NOT TO EXCEED $10,000, OR BOTH, FOR EACH OFFENSE. "D.C. CODE 47
- 661."
SEC. 478. EXCEPT AS SPECIFICALLY PROVIDED IN THIS TITLE, THE
PROVISIONS OF THIS TITLE SHALL TAKE EFFECT ON THE DATE OF ENACTMENT OF
THIS TITLE, EXCEPT THAT PART 1 AND SUBPARTS A THROUGH G OF PART 2 SHALL
APPLY BEGINNING WITH THE FISCAL YEAR BEGINNING JULY 1, 1975. "D.C. CODE
47 - 621 NOTE"
SEC. 501. "D.C. CODE 47 - 621 NOTE."NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, OR ANY RULE OF LAW, NOTHING IN THIS ACT SHALL BE
CONSTRUED AS LIMITING THE AUTHORITY OF THE COUNCIL OF THE DISTRICT
COLUMBIA TO ENACT ANY ACT, RESOLUTION, OR REGULATION, AFTER JANUARY 2,
1975, PURSUANT TO THE DISTRICT OF COLUMBIA SELF-GOVERNMENT AND
GOVERNMENTAL REORGANIZATION ACT WITH RESPECT TO ANY MATTER COVERED BY
THIS ACT. "87 STAT. 774, D.C. CODE 1 - 101 NOTE."
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 1203 (COMM. ON THE DISTRICT OF COLUMBIA) AND
NO. 93 - 1294 (COMM. OF CONFERENCE).
SENATE REPORTS: NO. 93 - 1077 (COMM. ON THE DISTRICT OF COLUMBIA)
AND NO. 93 - 1101 (COMM. CONFERENCE).
CONGRESSIONAL RECORD, VOL. 120 (1974):
JULY 29, CONSIDERED AND PASSED HOUSE.
AUG. 8, CONSIDERED AND PASSED SENATE, AMENDED.
AUG. 16 SENATE AGREED TO CONFERENCE REPORT.
AUG. 20, HOUSE AGREED TO CONFERENCE REPORT.
PUBLIC LAW 93-406, 88 STAT. 829, EMPLOYEE RETIREMENT INCOME SECURITY
ACT OF 1974. (TITLE III & IV)
PENSION TASK FORCE, ETC.
SEC. 3001. (A) BEFORE ISSUING AN ADVANCE DETERMINATION OF WHETHER A
PENSION, PROFIT-SHARING, OR STOCK BONUS PLAN, A TRUST WHICH IS A PART OF
SUCH A PLAN, OR AN ANNUITY OR BOND PURCHASE PLAN MEETS THE REQUIREMENTS
OF PART I OF SUBCHAPTER D OF CHAPTER 1 OF THE INTERNAL REVENUE CODE OF
1954, //26 USC 401.// THE SECRETARY OF THE TREASURY SHALL REQUIRE THE
PERSON APPLYING FOR THE DETERMINATION TO PROVIDE, IN ADDITION TO ANY
MATERIAL AND INFORMATION NECESSARY FOR SUCH DETERMINATION, SUCH OTHER
MATERIAL AND INFORMATION AS MAY REASONABLY BE MADE AVAIABLE AT THE TIME
SUCH APPLICATION IS MADE AS THE SECRETARY OF LABOR MAY REQUIRE UNDER
TITLE I OF THIS ACT FOR THE ADMINISTRATION OF THAT TITLE. //ANTE, P.
832.// THE SECRETARY OF THE TREASURY SHALL ALSO REQUIRE THAT THE
APPLICANT PROVIDE EVIDENCE SATISFACTORY TO THE SECRETARY THAT THE
APPLICANT HAS NOTIFIED EACH EMPLOYEE WHO QUALIFIES AS AN INTERESTED
PARTY (WITHIN THE MEANING OF REGULATIONS PRESCRIBED UNDER SECTION
7476(B)(1) OF SUCH CODE //ANTE, P. 949.// (RELATING TO DECLARATORY
JUDGMENTS IN CONNECTION WITH THE QUALIFICATION OF CERTAIN RETIREMENT
PLANS)) OF THE APPLICATION FOR A DETERMINATION.
(B)(1) WHENEVER AN APPLICATION IS MADE TO THE SECRETARY OF THE
TREASURY FOR A DETERMINATION OF WHETHER A PENSION, PROFIT-SHARING, OR
STOCK BONUS PLAN,A TRUST WHICH IS A PART OF SUCH A PLAN, OR AN ANNUITY
OR BOND PURCHASE PLAN MEETS THE REQUIREMENTS OF PART I OF SUBCHAPTER D
OF CHAPTER 1 OF THE INTERNAL REVENUE CODE OF 1954, THE SECRETARY SHALL
UPON REQUEST AFFORD AN OPPORUNITY TO COMMENT ON THE APPLICATION AT ANY
TIME WITHIN 45 DAYS AFTER RECEIPT THEREOF TO--
(A) ANY EMPLOYEE OR CLASS OF EMPLOYEE QUALIFYING AS AN
INTERESTED PARTY WITHIN THE MEANING OF THE REGULATIONS REFERRED TO
IN SUBSECTION (A).
(B) THE SECRETARY OF LABOR, AND
(C) THE PENSION BENEFIT GUARANTY CORPORATION.
(2) THE SECRETARY OF LABOR MAY NOT REQUEST AN OPPORUNITY TO COMMENT
UPON SUCH AN APPLICATION UNLESS HE HAS BEEN REQUESTED IN WRITING TO DO
SO BY THE PENSION BENEFIT GUARANTY CORPORATION OR BY THE LESSER OF--
(A) 10 EMPLOYEES, OR
(B) 10 PERCENT OF THE EMPLOYEES WHO QUALIFY AS INTERESTED
PARTIES WITHIN THE MEANING OF THE REGULATIONS REFERRED TO IN
SUBSECTION (A). UPON RECEIVING SUCH A REQUEST, THE SECRETARY OF
LABOR SHALL FURNISH A COPY OF THE REQUEST TO THE SECRETARY OF THE
TREASURY WITHIN 5 DAYS (EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
PUBLIC HOLIDAYS (AS SET FORTH IN SECTION 6103 OF TITLE 5, UNITED
STATES CODE)). //80 STAT. 515; 82 STAT. 250.//
(3) UPON RECEINVING SUCH A REQUEST FROM THE SECRETARY OF LABOR, THE
SECRETARY OF THE TREASURY SHALL FURNISH TO THE SECRETARY OF LABOR SUCH
INFORMATION HELD BY THE SECRETARY OF THE TREASURY RELATING TO THE
APPLICATION AS THE SECRETARY OF LABOR MAY REQUEST.
(4) THE SECRETARY OF LABOR SHALL, WITHIN 30 DAYS AFTER RECEIVING A
REQUEST FROM THE PENSION BENEFIT GUARANTY CORPORATION OR FROM THE
NECESSARY NUMBER OF EMPLOYEES WHO QUALIFY AS INTERESTED PARTIES, NOTIFY
THE SECRETARY OF THE TREASURY, THE PENSION BENEFIT GUARANTY CORPORATION,
AND SUCH EMPLOYEES WITH RESPECT TO WHETHER HE IS GOING TO COMMENT ON THE
APPLICATION TO WHICH THE REQUEST RELATES AND WITH RESPECT TO ANY MATTERS
RAISED IN SUCH REQUEST ON WHICH HE IS NOT GOING TO COMMENT. IF THE
SECRETARY OF LABOR INDICATES IN THE NOTICE REQUIRED UNDER THE PRECEDING
SENTENCE TAHT HE IS NOT GOING TO COMMENT ON ALL OR PART OF THE MATTERS
RAISED IN SUCH REQUEST, THE SECRETARY OF TREASURY SHALL AFFORD THE
CORPORATION, AND SUCH EMPLOYEES, AN OPPORUNITY TO COMMENT ON THE
APPLICATION WITH RESPECT TO ANY MATTER ON WHICH HTE SECRETARY OF LABOR
HAS DECLINED TO COMMENT.
(C) THE PENSION BENEFIT GUARANTY CORPORATION AND, UPON PETITION OF A
GROUP OF EMPLOYEES REFERRED TO IN SUBSECTION (B)(2), THE SECRETARY OF
LABOR, MAY INTERVENE IN ANY ACTION BROUGHT FOR DECLARTORY JUDGMENT UNDER
SECTION 7476 OF THE INTERNAL REVENUE CODE OF 1954 //ANTE, P. 949.// IN
ACCORDANCE WITH THE PROVISIONS OF SUCH SECTION. THE PENSION BENEFIT
GUARANTY CORPORATION IS PERMITTED TO BRING AN ACTION UNDER SUCH SECTION
7476 UNDER SUCH RULES AS MAY BE PRESCRIBED BY THE UNITED STATES TAX
COURT.
(D) IF THE SECRETARY OF THE TREASURY DETERMINES THAT A PLAN OR TRUST
TO WHICH THIS SECTION APPLIES MEETS THE APPLICABLE REQUIREMENTS OF PART
I OF SUBCHAPTER D OF CHAPTER 1 OF THE INTERNAL REVENUE CODE OF 1954 //26
USC 401.// AND ISSUES A DETERMINATION LETTER TO THE APPLICANT, THE
SECRETARY SHALL NOTIFY THE SECRETARY OF LABOR OF HIS DETERMINATION AND
FURNISH SUCH INFORMATION AND MATERIAL RELATING TO THE APPLICATION AND
DETERMINATION HELD BY THE SECRETARY OF THE TREASURY AS THE SECRETARY OF
LABOR MAY REQUEST FOR THE PROPER ADMINISTRATION OF TITLE I OF THIS ACT.
//ANTE, P. 832.// THE SECRETARY OF LABOR SHALL ACCEPT THE DETERMINATION
OF THE SECRETARY OF THE TREASURY AS PRIMA FACIE EVIDENCE OF INITIAL
COMPLIANCE BY THE PLAN WITH THE STANDARDS OF PARTS 2, 3, AND 4 OF
SUNTITLE B OF TITLE I OF THIS ACT. IF AN APPLICATION FOR SUCH A
DETERMINATION IS WITHDRAWN, OR IF THE SECRETARY OF THE TREASURY ISSUES A
DETERMINATION THAT THE PLAN OR TRUST DOES NOT MEET THE REQUIREMENTS OF
SUCH PART I, THE SECRETARY SHALL NOTIFY THE SECRETARY OF LABOR OF THE
WITHDRAWAL OR DETERMINATION.
(E) THIS SECTION DOES NOT APPLY WITH RESPECT TO AN APPLICATION FOR
ANY PALN RECEIVED BY THE SECRETARY OF THE TREASURY BEFORE THE DATE ON
WHICH SECTION 410 OF THE INTERNAL REVENUE CODE OF 1954 //ANTE, P.
898.// APPLIES TO THE PLAN, OR ON WHICH SUCH SECTION WILL APPLY IF THE
PLAN IS DETERMINED BY THE SECRETARY TO BE A QUALIFIED PLAN.
SEC. 3002. (A) IN CARRYING OUT THE PROVISIONS OF PART I OF
SUBCHAPTER D OF CHAPTER 1 OF THE INTERNAL REVENUE CODE OF 1954 WITH
RESPECT TO WHETHER A PLAN OR A TRUST MEETS THE REQUIREMENTS OF SECTION
410(A) OR 411 OF SUCH CODE //ANTE, P. 901.// (RELATING TO MINIMUM
PARTICIPATION STANDARDS AND MINIMUM VESTING STANDARDS, RESPECTIVELY),
THE SECRETARY OF THE TREASURY SHALL NOTIFY THE SECRETARY OF LABOR WHEN
THE SECRETARY OF THE TREASURY ISSUES A PRELIMINARY NOTICE OF INTENT TO
DISQUALIFY RELATED TO THE PLAN OR TRUST OR, IF EARLIER, AT THE TIME OF
COMMENCING ANY PROCEEDING TO DETERMINE WHETHER THE PLAN OR TRUST
SATIFIES SUCH REQUIREMENTS. UNLESS THE SECRETARY OF THE TREASURY FINDS
THAT THE COLLECTION OF A TAX IMPOSED UNDER THE INTERNAL REVENUE CODE OF
1954 //26 USC 1 ET SEQ. // IS IN JEOPARDY, THE SECRETARY OF THE TREASURY
SHALL NOT ISSUE A DETERMINATION THAT THE PLAN DOES NOT SATISFY THE
REQUIREMENTS OF SUCH SECTION UNTIL THE EXPIRATION OF A PERIOD OF 60 DAYS
AFTER THE DATE ON WHICH HE NOTIFIES THE SECRETARY OF LABOR OF SUCH
REVIEW, THE SECRETARY OF THE TREASURY, IN HIS DISCRETION, MAY EXTEND THE
60-DAY PERIOD REFERRED TO IN THE PRECEDING SENTENCE IF HE DETERMINES
THAT SUCH AN EXTENSION WOULD ENABLE THE SECRETARY OF LABOR TO OBTAIN
COMPLIANCE WITH SUCH REQUIREMENTS BY THE PLAN WITHIN THE EXTENSION
PERIOD. EXCEPT AS OTHERWISE PROVIDED IN THIS ACT, //ANTE, P. 852.//
THE SECRETARY OF LABOR SHALL NOT GENERALL APPLY PART 2 OF TITLE I OF
THIS ACT TO ANY PLAN OR TRUST SUBJECT TO SECTIONS 410(A) AND 411 OF SUCH
CODE, //ANTE, P. 898, 901.// BUT SHALL REFER ALLEGED GENERAL VIOLATIONS
OF THE VESTING OR PARTICIPATION STANDARDS TO THE SECRETARY OF THE
TREASURY. (THE PRECEDING SENTENCE SHALL NOT APPLY TO MATTERS RELATING
TO INDIVIDUAL BENEFITS.)
(B) UNLESS THE SECRETARY OF THE TREASURY FINDS THAT THE COLLECTION OF
A TAX IS IN JEOPARDY, IN CARRYING OUT THE PROVISIONS OF SECTION 4971 OF
THE INTERNAL REVENUE CODE OF 1954 //ANTE, P. 920// (RELATING TO TAXES ON
THE FAILURE TO MEET MINIMUM FUNDING STANDARDS), THE SECRETARY OF THE
TREASURY SHALL NOTIFY THE SECRETARY OF LABOR BEFORE SENDING A NOTICE OF
DEFICIENCY WITH RESPECT TO ANY TAX IMPOSED UNDER TAHT SECTION ON AN
EMPLOYER, AND, IN ACCORDANCE WITH THE PROVISIONS OF SUBSECTION (D) OF
THE SECTION, AFFORD THE SECRETARY OF LABOR AN OPPORUNITY TO COMMENT ON
THE IMPOSITION OF THE TAX IN THE CASE. THE SECRETARY OF THE TREASURY
MAY WAIVE THE IMPOSITION OF THE TAX IMPOSED UNDER SECTION 4971(B) OF
SUCH CODE IN APPROPRIATE CASES. UPON RECEIVING A WRITTEN REQUEST FROM
THE SECRETARY OF LABOR OR FROM THE PENSION BENEFIT GUARANTY CORPORATION,
THE SECRETARY OF TREASURY SHALL CAUSE AN INVESTIGATION TO BE COMMENCED
EXPEDITIOUSLY WITH RESPECT TO WHETHER THE TAX IS IMPOSED UNDER SECTION
4971 OF SUCH CODE SHOULD BE APPLIED WITH RESPECT TO ANY EMPLOYER TO
WHICH THE REQUEST RELATES. THE SECRETARY OF THE TREASURY AND THE
SECRETARY OF LABOR SHALL CONSULT WITH EACH OTHER FROM TIME TO TIME WITH
RESPECT TO THE PROVISIONS OF SECTION 412 OF THE INTERNAL REVENUE CODE OF
1954 //ANTE, P. 914.// (RELATING TO MINIMUM FUNDING STANDARDS) AND WITH
RESPECT TO THE FUNDING STANDARDS, APPLICALE UNDER TITLE I OF THIS ACT IN
ORDER TO COORDINATE THE RULES APPLICABLE UNDER SUCH STANDARDS.
(C) REGULATIONS PRESCRIBED BY THE SECRETARY OF THE TREASURY UNDER
SECTIONS 410(A), 411, AND 412 OF THE INTERNAL REVENUE CODE OF 1954
(RELATING TO MINIMUM PARTICIPATION STANDARDS, MINIMUM VESTING STANDARDS,
AND MINIMUM FUNDING STANDARDS, RESPECTIVELY) SHALL ALSO APPLY TO THE
MINIMUM PARTICIPATION, VESTING, AND FUNDING STANDARDS SET FORTH IN PARTS
2 AND 3 OF SUBTITLE B OF TITLE I OF THIS ACT. //ANTE, P. 852, 868.//
EXCEPT ASOTHERWISE EXPRESSLY PROVIDED IN THIS ACT, THE SECRETARY OF
LABOR SHALL NOT PRESCRIBE OTHER REGULATIONS UNDER SUCH PARTS, OR APPLY
THE REGULATIONS PRESCRIBED BY THE SECRETARY OF THE TREASURY UNDER
SECTIONS 410(A), 411, 412 OF THE INTERNAL REVENUE CODE OF 1954 AND
APPLICABLE TO THE MINIMUM PARTICIPATION, VESTING, AND FUNDING STANDARDS
NUDER SUCH PARTS IN A MANNER INCONSISTENT WITH THE WAY SUCH REGULATIONS
APPLY UNDER SECTIONS 410(A), 411, AND 412 OF SUCH CODE.
(D) THE SECRETARY OF LABOR AND THE PENSION BENEFIT GUARANTY
CORPORATION, BEOFRE FILING BRIEFS IN ANY CASE INVOLVING THE CONSTRUCTION
OR APPLICATION OF MINIMUM PARTICIPATION STANDARDS, MINIMUM VESTING
STANDARDS, OR MINIMUM FUNDING STANDARDS UNDER TITLE I OF THIS ACT, SHALL
AFFORD THE SECRETARY OF THE TREASURY A REASONABLE OPPORUNITY TO REVIEW
ANY SUCH BRIEF. THE SECRETARY OF THE TREASURY SHALL HAVE THE RIGHT TO
INTERVENE IN ANY SUCH CASE.
SEC. 3003. (A) UNLESS THE SECRETARY OF THE TREASURY FINDS THAT THE
COLLECTION OF A TAX IS IN JEOPARDY, IN CARRYING OUT THE PROVISIONS OF
SECTION 4975 OF THE INTERNAL REVENUE CODE OF 1954 //ANTE, P. 971.//
RELATING TO TAX ON PROHIBITED TRANSACTIONS) THE SECRETARY OF THE
TREASURY SHALL, IN ACCORDANCE WITH THE PROVISIONS OF SUBSECTION (H) OF
SUCH SECTION, NOTIFY THE SECRETARY OF LABOR BEFORE SENDING A NOTICE OF
DEFICIENCY WITH RESPECT TO THE TAX IMPOSED BY SUBSECTION (A) OR (B) OF
SUCH SECTION, AND, IN ACCORDANCE WITH THE PROVISIONS OF SUBSECTION (H)
OF SUCH SECTION, AFFORD THE SECRETARY AN OPPORUNITY TO COMMENT ON THE
IMPOSITION OF THE TAX IN ANY CASE. THE SECRETARY OF THE TREASURY SHALL
HAVE AUTHORITY TO WAIVE THE IMPOSITION OF THE TAX IMPOSED UNDER SECTION
4975(B) IN APPROPRIATE CASES. UPON RECEIVING A WRITTEN REQUEST FROM THE
SECRETARY OF LABOR OR FROM THE PENSION BENEFIT GUARANTY CORPORATION, THE
SECRETARY OF THE TREASURY SHALL CAUSE AN INVESTIGATION TO BE CARRIED OUT
WITH RESPECT TO WHETHER THE TAX IMPOSED BY SECTION 4975 OF SUCH CODE
SHOULD BE APPLIED TO ANY PERSON REFERRED TO IN THE REQUEST.
(B) THE SECRETARY OF THE TREASURY AND THE SECRETARY OF LABOR SHALL
CONSULT WITH EACH OTHER FROM TIME TO TIME WITH RESPECT TO THE PROVISIONS
OF SECTION 4975 OF THE INTERNAL REVENUE CODE OF 1954 (RELATING TO TAX ON
PROHIBITED TRANSACTIONS) AND WITH RESPECT TO THE PROVISIONS OF TITLE I
OF THIS ACT //ANTE, P. 832.// RELATING TO PROHIBITED TRANSACTIONS AND
EXPTED THEREFROM IN ORDER TO COORDINATE THE RULES APPLICABLE UNDER SUCH
STANDARDS.
(C) WHENEVER THE SECRETARY OF LABOR OBTAINS INFORMATION INDICATING
THAT A PARTY-IN-INTEREST OR DISQUALIFIED PERSON IS VIOLATING SECTION 406
OF THIS ACT //ANTE, P. 879.// HE SHALL TRANSMIT SUCH INFORMATION TO THE
SECRETARY OF THE TREASURY.
SEC. 3004. (A) WHENEVER THIS ACT OR IN ANY PROVISION OF LAW AMENDED
BY THIS ACT THE SECRETARY OF THE TREASURY AND THE SECRETARY OF LABOR ARE
REQUIRED TO CARRY OUT PROVISIONS RELATING TO THE SAME SUBJECT MATTER (AS
DETERMINED BY THEM) THEY SHALL CONSULT WITH EACH OTHER AND SHALL DEVELOP
RULES, REGULATIONS, PRACTICES, AND FORMS WHICH, TO THE EXTENT
APPROPRIATE FOR THE EFFICIENT ADMINISTRATION OF SUCH PROVISIONS. ARE
DESIGNATED TO REDUCE DUPLICATION OF EFFORT, DUPLICATION OF REPORTING,
CONFLICTING OR OVERLAPPING REQUIREMENTS, AND THE BURDEN OF COMPLIANCE
WITH SUCH PROVISIONS BY PLAN ADMINISTRATORS, EMPLOYERS, AND PARTICIPANTS
AND BENEFICIARIES.
(B) IN ORDER TO AVOID UNNECESSARY EXPENSE AND DUPLICATION OF
FUNCTIONS AMONG GOVERNMETN AGENCIES, THE SECERTARY OF THE TREASURY AND
THE SECRETARY OF LABOR MAY MAKE SUCH ARRANGEMENTS OR AGREEMENTS FOR
COOPERATION OR MUTUAL ASSISTANCE IN THE PERFORMANCE OF THEIR FUNCTIONS
UNDER THIS ACT, AND THE FUNCTIONS OF ANY SUCH AGENCY AS THEY FIND TO BE
PRACTICABLE AND CONSISTENT WITH LAW. THE SECRETARY OF THE TREASURY AND
THE SECRETARY OF LABOR MAY UTILIZE, ON A REIMBURSABLE OR OTHER BASIS,
THE FACILITIES OR SERVICES, OF ANY DEPARTMENT, AGENCY, OR ESTABLISHMENT
OF THE UNITED STATES OR OF ANY STATE OR POLITICAL SUBDIVISION OF A
STATE, INCLUDING THE SERVICES, OF ANY OF ITS EMPLOYEES, WITH THE LAWFUL
CONSENT OF SUCH DEPARTMENT, AGENCY, OR ESTABLISHMENT; AND EACH
DEPARTMENT, AGENCY, OR ESTABLISHMENT OF THE UNITED STATES IS AUTHORIZED
AND DIRECTED TO COOPERATE WITH THE SECRETARY OF THE TREASURY AND THE
SECRETARY OF LABOR AND, TO THE EXTENT PERMITTED BY LAW, TO PROVIDE SUCH
INFORMATION AND FACILITIES AS THEY MAY REQUEST FOR THEIR ASSISTANCE IN
THE PERFORMANCE OF THEIR FUNCTIONS UNDER THIS ACT. THE ATTORNEY GENERAL
OR HIS REPRESENTATIVE SHALL RECEIVE FROM THE SECRETARY OF THE TREASURY
AND THE SECRETARY OF LABOR FOR APPROPRIATE ACTION SUCH EVIDENCE
DEVELOPED IN THE PERFORMANCE OF THEIR FUNCTIONS UNDER THIS ACT AS MAY BE
FOUND TO WARRANT CONSIDERATION FOR CRIMINAL PROSECUTION UNDER THE
PROVISIONS OF THIS TITLE OR OTHER FEDERAL LAW.
SEC. 3021. THE STAFFS OF THE COMMITTEE ON WAYS AND MEANS AND THE
COMMITTEE ON EDUCATION AND LABOR OF THE HOUSE OF REPRESENTATIVES, THE
JOINT COMMITTEE ON INTERNAL REVENUE TAXATION, AND THE COMMITTEE ON
FINANCE AND THE COMMITTEE ON LABOR AND PUBLIC WELFARE OF THE SENATE
SHALL CARRY OUT THE DUTIES ASSIGNED UNDER THIS TITLE TO THE JOINT
PENSION TASK FORCE. BY AGREEMENT AMONG THE CHAIRMEN OF SUCH COMMITTEES,
THE JOINT PENSION TASK FORCE SHALL BE FURNISHED WITH OFFICE SPACE,
CLERICAL PERSONNEL, AND SUCH SUPPLIES AND EQUIPMENT AS MAY BE NECESSARY
FOR THE JOINT PENSION TASK FORCE TO CARRY OUT ITS DUTIES UNDER THIS
TITLE.
SEC. 3022. (A) THE JOINT PENSION TASK FORCE SHALL, WITHIN 24 MONTHS
AFTER THE DATE OF ENACTMENT OF THIS ACT, MADE A FULL STUDY AND REVIEW
OF--
(1) THE EFFECT OF THE REQUIREMENTS OF SECTION 411 OF THE
INTERNAL REVENUE CODE OF 1954 AND OF SECTION 203 OF THIS ACT
//ANTE, PP. 901, 854.// TO DETERMINE THE EXTENT OF DISCRIMINATION,
IF ANY, AMONG EMPLOYEES IN VARIOUS AGE GROUPS RESULTING FROM THE
APPLICATION OF SUCH REQUIREMENTS;
(2) MEANS OF PROVIDING FOR THE PORTABILITY OF PENSION RIGHTS
AMONG DIFFERENT PENSION PLANS;
(3) THE APPROPRIATE TREATMENT UNDER TITLE IV OF THE ACT //ANTE,
P. 1003.// (RELATING TO TERMINATION INSURANCE) OF PLANS
ESTABLISHED AND MAINTAINED BY SMALL EMPLOYERS;
(4) THE EFFECTS AND DESIRABILITY OF THE FEDERAL PREEMPTION OF
STATE AND LOCAL LAW WITH RESPECT TO MATTERS RELATING TO PENSION
AND SIMILAR PLANS; AND
(5) SUCH OTHER MATTER AS ANY OF THE COMMITTEES REFERRED TO IN
SECTION 3021 MAY REFER TO IT.
(B) THE JOINT PENSION TASK FORCE SHALL REPORT THE RESULTS OF ITS
STUDY AND REVIEW TO EACH OF THE COMMITTEES REFERRED TO IN SECTION 3021.
SEC. 3031. (A) THE COMMITTEE ON EDUACTION AND LABOR AND THE
COMMITTEE ON WAYS AND MEANS OF THE HOUSE OF REPRESENTATIVES AND THE
COMMITTEE ON FINANCE AND THE COMMITTEE ON LABOR AND PUBLIC WELFARE OF
THE SENATE SHALL STUDY RETIREMENT PLANS ESTABLISHED AND MAINTAINED OR
FINANCED (DIRECTLY OR INDIRECTLY) BY THE GOVERNMENT OF THE UNITED
STATES, BY ANY STATE (INCLUDING THE DISTRICT OF COLUMBIA) OR POLITICAL
SUBDIVISION THEREOF, OR BY ANY AGENCY OR INSTRUMENTALITY OF ANY OF THE
FOREGOING. SUCH STUDY SHALL INCLUDE AN ANALYSIS OF--
(1) THE ADEQUACY OF EXISTING LEVELS OF PARTICIPATION, VESTING,
AND FINANCING ARRANGEMENTS,
(2) EXISTING FIDUCIARY STANDARDS, AND
(3) THE NECESSITY FOR FEDERAL LEGISLATION AND STANDARDS WITH
RESPECT TO SUCH PLANS.
IN DETERMINING WHETHER ANY SUCH PLAN IS ADEQUATELY FINANCES, EACH
COMMITTEE SHALL CONSIDER THE NECESSITY FOR MINIMUM FUNDING STANDARDS, AS
WELL AS THE TAXING POWER OF THE GOVERNMENT MAINTAINING THE PLAN.
(B) NOT LATER THAN DECEMBER 31, 1976, THE COMMITTEE ON EDUCATION AND
LABOR AND THE COMMITTEE ON WAYS AND MEANS SHALL EACH SUBMIT TO THE HOUSE
OF REPRESENTATIVES THE RESULTS OF THE STUDIES CONDUCTED UNDER THIS
SECTION, TOGETHER WITH SUCH RECOMMENDATIONS AS THEY DEEM APPROPRIATE.
THE COMMITTEE ON FINANCE AND THE COMMITTEE ON LABOR AND PUBLIC WELFARE
SHALL EACH SUBMIT TO THE SENATE TEH RESULTS OF THE STUDIES CONDUCTED
UNDER THIS SECTION TOGETHER WTIH SUCH RECOMMENDATIONS AS THEY DEEM
APPROPRIATE NOT LATER THAN SUCH DATE.
SEC. 3032. (A) THE SECRETARY OF LABOR SHALL, DURING THE 2-YEAR
PERIOD BEGINNING ON THE DATE OF THE ENACTMENT OF THSI ACT, CONDUCT A
FULL AND COMPLETE STUDY AND INVESTIGATION OF THE STEPS NECESSARY TO BE
TAKEN TO INSURE THAT PROFESSIONAL, SCIENTIFIC, AND YECHNICAL PERSONNEL
AND OTHERS WORKING IN ASSOCIATED OCCUPATIONS EMPLOYED UNDER FEDERAL
PROCUREMENT, CONSTRUCTION, OR RESEARCH CONTRACTS OR GRANT WILL, TO THE
EXTENT FEASIBLE, BE PROTECTED AGAINST FORFEITURES OF PENSION OR
RETIREMENT RIGHTS OR BENEFITS, OTHERWISE PROVIDED, AS A CONSEQUENCE OF
JOB TRANFERS OR LOSS OF EMPLOYMENT RESULTING FROM TERMINATIONS OR
MODIFICATIONS OF FEDERAL CONTRACTS, GRANTS OR PROCUREMENT POLICIES. THE
SECRETARY OF LABOE SHALL REPORT THE RESULTS OF HIS STUDY AND
INVESTIGATION TO THE CONGRESS WITHIN 2 YEARS AFTRER THE DATE OF THE
ENACTMENT OF THIS ACT. THE SECRETARY OF LABOR IS AUTHORIZED, TO THE
EXTENT PROVIDED BY LAW, TO OBTAIN THE SERVICES OR OTHER ARRANGEMENT AS
HE DETERMINES NECESSARY IN CARRYING OUT THE PROVISIONS OF THIS SECTION.
(B) IN THE SOURSE OF CONDUCTING THE STUDY AND INVESTIGATION DESCRIBED
IN SUBSECTION (A), AND IN DEVELOPING THE REGULATIONS REFERRED TO IN
SUBSECTION (C), THE SECRETARY OF LABOR SHALL CONSULT--
(1) WITH APPROPRIATE PROFESSIONAL SOCIETIES, BUSINESS
ORGANIZATIONS, AND LABOR ORGANIZATIONS, AND
(2) WITH THE HEADS OF INTERESTED FEDERAL DEPARTMENTS AND
AGENCIES.
(C) WITHIN 1 YEAR AFTER THE DATE ON WHICH HE SUBMITS HIS REPORT TO
THE CONGRESS UNDER SUBSECTION (A), THE SECERTARY OF LABOR SHALL, IF HE
DETERMINES IT TO BE FEASIBLE, DEVELOP REGULATIONS WHICH WILL PROVIDE THE
PROTECTION OF PENSION AND RETIREMENT RIGHTS AND BENEFITS REFERRED TO IN
SUBSECTION (A).
(D)(1) ANY REGULATIONS DEVELOPED PURSUANT TO SUBSECTION (C) SHALL
TAKE EFFECT IF, AND ONLY IF--
(A) THE SECRETARY OF LABOR, NOT LATER THAN THE DAY WHICH IS 3
YEARS AFTER THE DATE OF ENACTMENT OF THIS ACT, DELIVERS A COPY TO
THE SENATE, AND
(B) BEFORE THE CLOSE OF THE 120-DAY PERIOD WHICH BEGINS ON THE
DAY ON WHICH THE COPIES OF SUCH REGULATIONS ARE DELIVERED TO THE
HOUSE OF REPRESENTATIVES AND TO THE SENATE, NEITHER THE HOUSE OF
REPRESENTATIVES NOR THE SENATE ADOPTS, BY AN AFFIRMATIVE VOTE OF A
MAJORITY OF THOSE PRESENT AND VOTING IN THAT HOUSE, A RESOLUTION
OF DISAPPROVAL.
(2) FOR PURPOSES OF THIS SUBSECTION, THE TERM "RESOLUTION OF
DISAPPROVAL" MEANS ONLY A RESOLUTION OF EITHER HOUSE OF CONGRESS, THE
MATTER AFTER THE RESOLVING CLAUSE OF WHICH IS AS FOLLOWS: "THAT THE--
CONGRESS DOES NOT FAVOR THE TAKING EFFECT OF THE REGULATIONS TRANSMITTED
TO THE CONGRESS BY THE SECRETARY OF LABOR ON--", THE FIRST BLANK SPACE
THEREIN BEING FILLED WITH THE NAME OF THE RESOLVONG HOUSE AND THE SECOND
BLANK SPACE THEREIN BEING FILLED WITH THE DAY AND YEAR.
(3) A RESOLUTION OF DISAPPROVAL IN THE HOUSE OF REPRESENTATIVES SHALL
BE REFERRED TO THE COMMITTEE ON EDUCATION AND LABOR. A RESOLUTION OF
DISAPPROVAL IN THE SENATE SHALL REFERRED TO THE COMMITTEE ON LABOR AND
PUBLIC WELFARE.
(4)(A) IF THE COMMITTEE TO WHICH A RESOLUTION OF DISAPPROVAL HAS BEEN
REFERRED HAS NOT REPORTED IT AT THE END OF 7 CALENDAR DAYS AFTER ITS
INTRODUCTION, IT IS IN ORDER TO MOVE EITHER TO DISCHARGE THE COMMITTEE
FROM FURTHER CONSIDERATION OF THE RESOLUTION OR TO DISCHARGE THE
COMMITTEE FROM FURTHER CONSIDERATION OF ANY OTHER RESOLUTION OF
DISAPPROVAL WHICH HAS BEEN REFERRED TO THE COMMITTEE.
(B) A MOTION TO DISCHARGE MAY BE MADE ONLY BY AN INDIVIDUAL FAVORING
THE RESOLUTION, IS HIGHLY PRIVILEGED (EXCEPT THAT IT MAY NOT BE MADE
AFTER THE COMMITTEE HAS REPORTED A RESOLUTION OF DISAPPROVAL), AND
DEBATE THEREON SHALL BE LIMITED TO NOT MORE THAN 1 HOUR, TO BE DIVIDED
EQUALLY BETWEEN THOSE FAVORING AND THOSE OPPOSING THE RESOLUTION. AN
AMENDMENT TO THE MOTION IS NOT IN ORDER, AND IT IS NOT IN ORDER TO MOVE
TO RECONSIDER THE VOTE BY WHICH THE MOTION IS AGREED TO OR DISAGREED TO.
(C) IF THE MOTION TO DISCHARGE IS AGREED TO OR DISAGREED TO, THE
MOTION MAY NOT BE RENEWED, NOR MAY ANOTHER MOTION TO DISCHARGE THE
COMMITTEE BE MADE WITH RESPECT TO ANY OTHER RESOLUTION OF DISAPPROVAL.
(5)(A) WHEN THE COMMITTEE HAS REPORTED, OR HAS BEEN DISCHARGED FROM
FURTHER CONSIDERATION OF, A RESOLUTION OF DISAPPROVAL, IT IS AT ANY TIME
THEREAFTER IN ORDER (EVEN THOUGH A PREVIOUS MOTION TO THE SAME EFFECT
HAS BEEN DISAGREED TO) TO MOVE TO PROCEED TO THE CONSIDERATION OF THE
RESOLUTION. THE MOTION IS HIGHLY PRIVILEGED AND IS NOT DEBATABLE. AN
AMENDMENT TO THE MOTION IS NOT IN ORDER, AND IT IS NOT IN ORDER TO MOVE
TO RECONSIDER THE VOTE BY WHICH THE MOTION IS AGREED TO OR DISAGREED TO.
(B) DEBATE ON THE RESOLUTION OF DISAPPROVAL SHALL BE LIMITED TO NOT
MORE THAN 10 HOURS, WHICH SHALL BE DIVIDED EQUALLY BETWEEM THOSE
FAVORING AND THOSE OPPOSING THE RESOLUTION. AMOTION FURTHER TO LIMIT
DEBATE IS NOT DEBATABLE. AN AMENDMENT TO, OR MOTION TO RECOMMIT, THE
RESOLUTION IS NOT IN ORDER, AND IT IS NOT IN ORDER TO MOVE TO RECONSIDER
THE VOTE BY WHCIH THE RESOLUTION IS AGREED TO OR DISAGREED TO.
(6)(A) MOTIONS TO POSTPONE, MADE WITH RESPECT TO THE DISCHARGE FROM
COMMITTEE OR THE CONSIDERATION OF A RESOLUTION OF DISAPPROVAL, AND
MOTIONS TO PROCEED TO THE CONSIDERATION OF OTHER BUSINESS, SHALL BE
DECIDED WITHOUT DEBATE.
(B) APPEALS FROM TEH DECISIONS OF THE CHAIR RELATING TO THE
APPLICATION OF THE RULES OF THE HOUSE OF REPRESENTATIVES OR THE SENATE,
AS THE CASE MAY BE, TO THE PROCEDURE RELATING TO ANY RESOLUTION OF
DISAPPROVAL SHALL BE DECIDED WITHOUT DEBATE.
(7) WHENEVER THE SECRETARY OF LABOR TRANSMITS COPIES OF THE
REGULATIONS
CONGRESS, A COPY OF SUCH REGULATIONS SHALL BE DELIVERED TO
EACH HOUSE OF CONGRESS ON THE SAME DAY AND SHALL BE DELIVERED TO THE
CLERK OF THE HOUSE OF REPRESENTATIVES IF THE HOUSE IS NOT IN SESSION AND
TO THE SECRETARY OF THE SENATE IF THE SENATE IS NOT IN SESSION.
(8) THE 120 DAY PERIOD REFERRED TO IN PARAGRAPH (1) SHALL BE COMPUTED
BY EXCLUDING--
(A) THE DAYS ON WHICH EITHER HOUSE IS NOT IN SESSION BECAUSE OF
AN ADJOURNMENT OF MORE THAN 3 DAYS TO A DAY CERTAIN OR AN
ADJOURNMENT OF THE CONGRESS SINE DIE, AND
(B) ANY SATURDAY AND SUNDAY, NOT EXCLUDED UNDER SUBPARAGRAPH
(A), WHEN EITHER HOUSE IS NOT IN SESSION.
(9) THIS SUBSECTION IS ENACTED BY THE CONGRESS--
(A) AS AN EXERCISE OF THE RULEMAKING POWER OF THE HOUSE OF
REPRESENTATIVES AND THE SENATE, RESPECTIVELY, BUT APPLICABLE ONLY
WITH RESPECT TO THE PROCEDURE TO BE FOLLOWED IN THAT HOUSE IN THE
CASE OF RESOLUTIONS OF DISAPPROVAL DESCRIBED IN PARAGRAPH (2);
AND THEY SUPERCEDE 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 THE RULES (SO 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.
SEC. 3041. THE SECRETARY OF LABOR AND THE SECRETARY OF THE TREASURY
SHALL, NOT LATER THAN THE LAST DAY OF THE FIRST CLAENDAR MONTH BEGINNING
AFTER THE DATE OF THE ENACTMENT OF THIS ACT, ESTABLISH A JOINT BOARD FOR
THE ENROLLMENT OF ACTUARIES (HEREINAFTER IN THIS PART REFERRED TO AS THE
"JOINT BOARD").
SEC. 3042. (A) THE JOINT BOARD SHALL, BY REGULATIONS, ESTABLISH
REASONABLE STANDARDS AND QUALIFICATIONS FOR PERSONS ACTUARIAL SERVICES
WITH RESPECT TO PLANS IN WHICH THIS ACT APPLIES AND, UPON APPLICATION BY
ANY INDIVIDUAL, SHALL ENROLL SUCH INDIVIDUAL IF THE JOINT BOARD FINDS
THAT SUCH INDIVIDUAL SATISFIES SUCH STANDARDS AND QUALIFICATIONS. WITH
RESPECT TO INDIVIDUALS APPLYING FOR ENROLLMENT BEFORE JANUARY 1, 1976,
SUCH STANDARDS AND QUALIFICATIONS SHALL INCLUDE A REQUIREMENT FOR AN
APPROPRIATE PERIOD OF RESPONSIBLE ACTUARIAL EXPERIENCE RELATING TO
PENSION PLANS. WITH RESPECT TO INDIVISUALS APPLYING FOR ENROLLMENT ON
OR AFTER JANUZRY 1, 1976, SUCH STANDARDS AND QUALIFICATIONS SHALL
INCLUDE--
(1) EDUCATION AND TRAINING IN ACTUARIAL MATHEMATICS AND
METHODOLOGY, AS EVIDENCED BY-
(A) A DEGREE IN ACTUARIAL MATHEMATICS OR ITS EQUIVALENT FROM AN
ACCREDITED COLLEGE OR UNIVERSITY,
(B) SUCCESSFUL COMPLETION OF AN EXAMINATION IN ACTUARIAL
MATHEMATICS AND METHODOLOGY TO BE GIVEN BY THE JOINT BOARD, OR
(C) SUCCESSFUL COMPLETION OF OTHER ACTUARIAL EXAMINATIONS
DEEMED ADEQUATE BY THE JOINT BOARD, AND
(2) AN APPROPRIATE PERIOD OF RESPONSIBLE ACTUARIAL
EXPERIENCE.
NOTWITHSTANDING THE PRECEDING PROVISIONS OF THIS SUBSECTION, THE JOINT
BOARD MAY PROVIDE FOR THE TEMPOARY ENROLLMENT FOR THE PERIOD ENDING ON
JANUARY 1, 1976, OF ACTURIES UNDER SUCH INTERIM STANDARDS AS IT DEEMS
ADEQUATE.
(B) THE JOINT BOARD MAY, AFTER NOTICE AND AN OPPORUNITY FOR A
HEARING, SUSPEND OR TERMINATE THE ENROLLMENT OF AN INDIVIDUAL UNDER THIS
SECTION IF THE JOINT BOARD FINDS THAT SUCH INDIVIDUAL--
(1) HAS FAILED TO DISCHARGE HIS DUTIES UNDER THIS ACT, OR
(2) DOES NOT SATISFY THE REQUIREMENTS FOR ENROLLMENT AS IN
EFFECT AT THE TIME OF HIS ENROLLMENT.
THE JOINT BOARD MAY ALSO, AFTER NOTICE AND OPPORUNITY FOR HEARING,
SUSPEND OR TERMINATE ENROLLMENT OF AN INDIVIDUAL WHO FAILS TO DISCHARGE
HIS DUTIES UNDER THIS ACT OR WHO DOES NOT SATISFY THE INTERIM ENROLLMENT
STANDARDS.
SEC. 3043. SECTION 7701(A) OF THE INTERNAL REVENUE CODE OF 1954 //29
USC 7701.// (RELATING TO DEFINITIONS) IS AMENDED BY ADDING AT THE END
THEREOF THE FOLLOWING NEW PARAGRAPH:
"(35) ENROLLED ACTUARY.--THE TERM 'ENROLLED ACTUARY' MEANS A
PERSON WHO IS ENROLLED BY THE JOINT BOARD FOR THE ENROLLMENT OF
ACTUARIES ESTABLISHED UNDER SUBTITLE C OF THE TITLE III OF THE
EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974." //ANTE, P.
1002.//
SEC. 4001. (A) FOR PURPOSES OF THIS TITLE, THE TERM--
(1) "ADMINISTRATOR" MEANS THE PERSON OR PERSONS DESCRIBED IN
PARAGRAPH (16) OF SECTION 3 OF THIS ACT:; //ANTE, P. 833.//
(2) "SUBSTANTIAL EMPLOYER" MEANS FOR ANY PLAN YEAR AN EMPLOYER
(TREATING EMPLOYERS WHO ARE MEMBERS OF THE SAME AFFILIATED GROUP,
WITHIN THE MEANING OF SECTION 1563(A) OF THE INTERNAL REVENUE CODE
OF 1954, //29 USC 1563.// DETERMINED WITHOUT REGARD TO SECTION
1563(A)(4) AND (E)(3)(C) OF SUCH CODE, AS ONE EMPLOYER) WHO HAS
MADE CONTRIBUTIONS TO OR UNDER A PLAN UNDER WHICH MORE THAN ONE
EMPLOYER MAKES CONTRIBUTIONS FOR EACH OF--
EQUALING OR EXCEEDING 10 PERCENT OF ALL EMPLOYER CONTRIBUTIONS
PAID TO OR UNDER THAT PLAN FOR EACH SUCH YEAR;
(3) "MULTIEMPLOYER PLAN" MEANS A MULTIEMPLOYER PLAN AS DEFINED
IN SECTION 414(F) OF THE INTERNAL REVENUE CODE OF 1954 //ANTE, P.
925.// (AS ADDED BY THIS ACT BUT WITHOUT REGARD TO WHETHER SUCH
SECTION IS IN EFFECT ON THE DATE OF ENACTMENT OF THIS ACT);
(4) "CORPORATION", EXCEPT WHERE THE CONTEXT CLEARLY REQUIRES
OTHERWISE, MEANS THE PENSION BENEFIT GUARANTY CORPORATION
ESTABLISHED UNDER SECTION 4002; //POST, P. 1004.//
(5) "FUND" MEANS THE APPROPRIATE FUND ESTABLISHED UNDER SECTION
4005; //POST, P. 1009.//
(6) "BASIC BENEFITS" MEANS BENEFITS GUARANTEED UNDER SECTION
4022 OTHER THAN UNDER SECTION 4022(C); //POST, P. 1016.// AND
(7) "NON-BASIC BENEFITS" MEANS BENEFITS GUARANTEED UNDER
SECTION 4022(C). //POST, P. 1016.//
(B) AN INDIVIDUAL WHO OWNS THE ENTIRE INTEREST IN AN UNINCORPORATED
TRADE OR BUSINESS IS TREATED AS HIS OWN EMPLOYER, AND A PARTNERSHIP IS
TREATED AS THE EMPLOYER OF EACH PARTNER WHO IS AN EMPLOYEE WITHIN THE
MEANING OF SECTION 401(C)(1) OF THE INTERNAL REVENUE CODE OF 1954. //29
USC 401.// FOR PURPOSES OF THIS TITLE, UNDER REGULATIONS PRESCRIBED BY
THE CORPORATION, ALL EMPLOYEES OF TRADES OR BUSINESSES (WHETHER OR NOT
INCORPORATED) WHICH ARE UNDER COMMON CONTROL SHALL BE TREATED AS
EMPLOYED BY A SINGLE EMPLOYER AND ALL SUCH TRADES AND BUSINESSES AS A
SINGLE EMPLOYER. THE REGULATIONS PRESCRIBED UNDER THE PRECEDING
SENTENCE SHALL BE CONSISTENT AND COEXTENSIVE WITH REGULATIONS PRESCRIBED
FOR SIMILAR PURPOSES BY THE SECRETARY OF THE TREASURY UNDER SECTION
414(C) OF THE INTERNAL REVENUE CODE OF 1954. //ANTE, P. 925.//
SEC. 4002. (A) THERE IS ESTABLISHED WITHIN THE DEPARTMENT OF LABOR A
BODY CORPORATE TO BE KNOWN AS THE PENSION BENEFIT GUARANTY CORPORATION
SHALL BE ADMINISTRATED BY THE CHAIRMAN OF THE BOARD OF DIRECTORS IN
ACCORDANCE WITH POLICIES ESTABLISHED BY THE BOARD. THE PURPOSES OF THIS
TITLE, WHICH ARE TO BE CARRIED OUT BY THE CORPORATION, ARE--
(1) TO ENCOURAGE THE CONTINUATION AND MAINTENANCE OF VOLUNTARY
PRIVATE PENSION PLANS FOR THE BENEFIT OF THIER PARTICIPANTS,
(2) TO PROVIDE FOR THE TIMELY AND UNITERRUPTED PAYMENT OF
PENSION BENEFITS TO PARTICIPANTS AND BENEFICIARIES UNDER PLANS TO
WHICH THIS TITLE APPLIES, AND
(3) TO MAINTAIN PREMIUMS ESTABLISHED BY THE CORPORATION UNDER
SECTION 4006 //POST, P. 1010.// AT THE LOWEST LEVEL CONSISTENT
WITH CARRYING OUT ITS OBLIGATIONS UNDER THIS TITLE.
(B) TO CARRY OUT THE PURPOSES OF THIS TITLE, THE CORPORATION HAS THE
POWERS CONFERRED ON A NONPROFIT CORPORATION UNDER THE DISTRICT OF
COLUMBIA NONPROFIT CORPORATION ACT AND, IN ADDITION TO ANY SPECIFIC
POWER GRANTED TO THE CORPORATION ELSEWHERE IN THIS TITLE OR UNDER THAT
ACT, THE CORPORATION HAS THE POWER--
(1) TO SUE AND BE SUED, COMPLAIN AND DEFEND, IN ITS CORPORATE
NAME AND THROUGH ITS OWN COUNSEL, IN ANY COURT, STATE OR FEDERAL;
(2) TO ADOPT, ALTER, AND USE A CORPORATE SEAL, WHICH SHALL BE
JUDICIALLY NOTICED;
(3) TO ADOPT, AMEND, AND REPEAL, BY THE BOARD OF DIRECTORS,
BYLAWS, RULES, AND REGULATIONS RELATING TO THE CONDUCT OF ITS
BUSINESS AND THE EXERCISE OF ALL OTHER RIGHTS AND POWERS GRANTED
TO IT BY THIS ACT;
(4) TO CONDUCT ITS BUSINESS (INCLUDING THE CARRYING ON OF
OPERATIONS AND THE MAINTENANCE OF OFFICES) AND TO EXERCISE ALL
OTHER RIGHTS AND POWERS GRANTED TO IT BY THIS ACT IN ANY STATE OR
OTHER JURISDICTION WITHOUT REGARD TO QUALIFICATION, LICENSING, OR
OTHER REQUIREMENTS IMPOSED BY LAW IN SUCH STATE OR OTHER
JURISDICTION;
(5) TO LEASE, PURCHASE, ACCEPT GIFTS OR DONATIONS OF, OR
OTHERWISE TO ACQUIRE, TO OWN, HOLD, IMPROVE, USE, OR OTHERWISE
DEAL IN OR WITH, AND TO SELL, CONVEY, MORTAGE, PLEDGE, LEASE,
EXCHANGE, OR OTHERWISE DISPOSE OF, ANY PROPERTY, REAL, PERSONAL,
OR MIXED, OR ANY INTEREST THEREIN WHEREEVER SITUATED;
(6) TO APPOINT AND FIX THE COMPENSATION OF SUCH OFFICERS,
ATTORNEYS, EMPLOYEES, AND AGENTS AS MAY BE REQUIRED, TO DETERMINE
THEIR QUALIFICATION, TO DEFINE THEIR DUTIES, AND, TO THE EXTENT
DESIRED BY THE CORPORATION, REQUIRE BONDS FOR THEM AND FIX THE
PENALTY THEREOF, AND TO APPOINT AND FIX THE COMPENSATION OF
EXPERTS AND CONSULTANTS IN ACCORDANCE WITH THE PROVISIONS OF
SECTION 3109 OF TITLE 5, UNITED STATES CODE; //80 STAT. 416.//
(7) TO UTILIZE THE PERSONNEL AND FACILITIES OF ANY OTHER AGENCY
OR DEPARTMENT OF THE UNITED STATES GOVERNMENT, WITH OR WITHOUT
REIMBURSEMENT, WITH THE CONSENT OF THE HEAD OF SUCH AGENCY OR
DEPARTMENT; AND
(8) TO ENTER INTO CONTRACTS, TO EXECUTE INSTRUMENTS, TO INCUR
LIABILITIES, AND TO DO ANY AND ALL OTHER ACTS AND THINGS AS MAY BE
NECESSARY OR INCIDENTAL TO THE CONDUCT OF ITS BUSINESS AND THE
EXERCISE OF ALL OTHER RIGHTS AND POWERS GRANTED TO THE CORPORATION
BY THIS ACT.
(C) SECTION 5108 OF TITLE 5, UNITED STATES CODE, IS AMENDED BY ADDING
AT THE END THEREOF THE FOLLOWING NEW SUBSECTION:
"(G) IN ADDITION TO THE NUMBER OF POSITIONS AUTHORIZED BY SUBSECTION
(A), THE PENSION BENEFIT GUARANTY CORPORATION IS AUTHORIZED, WITHOUT
REGARD TO ANY OTHER PROVISION OF THIS SECTION, TO PLACE ONE POSITION IN
THE CORPORATION AT GS-18 AND A TOTAL OF 10 POSTITIONS IN THE CORPORATION
AT GS-16 AND 17.".
(D) THE BOARD OF DIRECTORS OF THE CORPORATION CONSISTS OF THE
SECRETARY OF THE TREASURY, THE SECRETARY OF LABOR, AND THE SECRETARY OF
COMMERCE. MEMBERS OF THE BOARD SHALL SERVE WITHOUT COMPENSATION, BUT
SHALL BE REIMBURSED FOR TRAVEL, SUBSISTENCE, AND OTHER NECESSARY
EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES AS MEMBERS OF THE
BOARD. THE SECRETARY OF LABOR IS THE CHAIRMAN OF THE BOARD OF
DIRECTORS.
(E) THE BOARD OF DIRECTORS SHALL MEET AT THE CALL OF ITS CHAIRMAN, OR
AS OTHERWISE PROVIDED BY THE BYLAWS OF THE CORPORATION.
(F) AS SOON AS PRACTIBLE, BUT NOT LATER THAN 180 DAYS AFTER THE DATE
OF ENACTMENT OF THIS ACT, THE BOARD OF DIRECTORS SHALL ADOPT INITIAL
BYLAWS AND RULES RELATING TO THE CONDUCT OF THE BUSINESS OF THE
CORPORATION. THEREAFTER, THE BOARD OF DIRECTORS MAY ALTER, SUPPLEMENT,
OR REPEAL ANY EXISTING BYLAW OR RULE, AND MAY ADOPT ADDITIONAL BYLAWS
AND RULES FROM TIME TO TIME AS MAY BE NECESSARY. THE CHAIRMAN OF THE
BOARD SHALL CAUSE A COPY OF THE BYLAWS OF THE CORPORATION TO BE
PUBLISHED IN THE FEDERAL REGISTER NOT LESS OFTEN THAN ONCE EACH YEAR.
(G)(1) THE CORPORATION, ITS PROPERTY, ITS FRANCHISE, CAPITAL,
RESERVES, SURPLUS, AND ITS INCOME (INCLUDING, BUT NOT LIMITED TO, ANY
INCOME OF ANY FUND ESTABLISHED UNDER SECTION 4005), //POST, P. 1009.//
SHALL BE EXEMPT FROM ALL TAXATION NOW OR HEREAFTER IMPOSED BY ANY STATE
OR LOCAL TAXIONG AUTHORITY, EXCEPT THAT ANY REAL PROPERTY AND ANY
TANGIBLE PERSONAL PROPERTY (OTHER THAN CASH AND SECURITIES) OF THE
CORPORATION SHALL BE SUBJECT TO STATE AND LOCAL TAXATION TO THE SAME
EXTENT ACCORDING TO ITS VALUE AS OTHER REAL AND TANGIBLE PERSONAL
PROPERTY IS TAXED.
(2) THE RECEIPTS AND DISBURSEMENTS OF THE CORPORATION IN THE
DISCHARGE OF ITS FUNCTIONS SHALL NOT BE INCLUDED IN THE TOTALS OF THE
BUDGET OF THE UNITED STATES GOVERNMENT AND SHALL BE EXEMPT FROM ANY
GENERAL LIMITATIONS IMPOSED BY STATUTE ON BUDGET OUTLAYS OF THE UNITED
STATES. EXCEPT AS EXPLICITLY PROVIDED IN THIS TITLE, THE UNITED STATES
IS NOT LIABLE FOR ANY OBLIGATION OR LIABILITY INCURRED BY THE
CORPORATION.
(3) SECTION 101 OF THE GOVERNMENT CORPORATION CONTROL ACT (31 U.S.C.
846) //86 STAT. 1274.// IS AMENDED BY INSERTING BEFORE THE PERIOD A
SEMICOLON AND THE FOLLOWING: "AND PENSION BENEFIT GUARANTY
CORPORATION".
(H)(1) THERE IS ESTABLISHED AN ADVISORY COMMITTEE TO THE CORPORATION,
FOR THE PURPOSE OF ADVISING THE CORPORATION AS TO ITS POLICIES AND
PROCEDURES, RELATING TO (A) THE APPOINTMENT OF TRUSTEES IN TERMINATION
PROCEEDINGS, (B) INVESTMENT OF MONEYS, (C) WHETHER PLANS BEING
TERMINATED SHOULD BE LIQUIDATED IMMEDIATELY OR CONTINUED IN OPERATION
UNDER A TRUSTEE, AND (D) SUCH OTHER ISSUES AS THE CORPORATION MAY
REQUEST FROM TIME TO TIME. THE ADVISORY COMMITTEE MAY ALSO RECOMMEND
PERSONS FOR APPOINTMENT AS TRUSTEES IN TERMINATION PROCEEDINGS, MAKE
RECOMMENDATIONS WITH REPSECT TO THE INVESTMENT OF MONEYS IN THE FUNDS,
AND ADVISE THE CORPORATION AS TO WHETHER A PLAN SUBJECT TO BEING
TERMINATED SHOULD BE LIQUIDATED IMMEDIATELY OR CONTINUED IN OPERATION
UNDER A TRUSTEE.
(2) THE ADVISORY COMMITTEE CONSISTS OF SEVEN MEMBERS APPOINTED, FROM
AMONG INDIVIDUALS RECOMMENDED BY THE BOARD OF DIRECTORS, BY THE
PRESIDENT. OF THE SEVEN MEMBERS, TWO SHALL REPRESENT THE INTERESTS OF
EMPLOYERS WHO MAINTAIN PENSION PLANS, AND THREE SHALL REPRESENT THE
INTERESTS OF THE GENRAL PUBLIC. THE PRESIDENT SHALL DESIGNATE ONE
MEMBER AS CHAIRMAN AT THE TIME OF THE APPOINTMENT OF THAT MEMBER.
(3) MEMBERS SHALL SERVE FOR TERMS OF 3 YEARS RACH, EXCEPT THAT, OF
THE MEMBERS FIRST APPOINTED, ONE OF THE MEMBERS REPRESENTING THE
INTERESTS OF EMPLOYEE ORGANIZATIONS, ONE OF THE MEMBERS REPRESENTING THE
INTERESTS OF EMPLOYERS, AND ONE OF THE MEMBERS REPRESENTING THE INTEREST
OF THE GENERAL PUBLIC SHALL BE APPOINTED FOR TERMS OF 2 YEARS EACH, ONE
OF THE MEMBERS REPRESENTING THE INTERESTS OF THE GENERAL PUBLIC SHALL BE
APPOINTED FOR A TERM OF 1 YEAR, AND THE OTHER MEMBERS SHALL BE APPOINTED
FOR FULL 3-YEAR TERMS. THE ADVISORY COMMITTEE SHALL MEET AT LEAST SIX
TIMES EACH YEAR AND AT SUCH OTHER TIMES AS MAY BE DETERMINED BY THE
CHAIRMAN OR REQUESTED BY ANY THREE MEMBERS OF THE ADVISORY COMMITTEE.
(4) MEMBERS SHALL BE CHOSEN ON THE BASIS OF THEIR EXPERIENCE WITH
EMPLOYEE ORGANIZATIONS, WITH EMPLOYERS WHO MAINTAIN PENSION PLANS, WITH
THE ADMINISTRATION OF PENSION PLANS, OR OTHERWISE ON ACCOUNT OF
OUTSTANDING DEMONSTRATED ABILITY IN RELATED FIELDS. OF THE MEMBERS
SERVING ON THE ADVISORY COMMITTEE AT ANY TIEM, NO MORE THAM FOUR SHALL
BE AFFILIATED WITH THE SAME POLITICAL PARTY.
(5) AN INDIVIDUAL APPOINTED TO FILL A VACANCY OCCURING OTHER THAN BY
THE EXPIRATION OF A TERM OF IFFICE SHALL BE APPOINTED ONLY FOR THE
UNEXPIRED TERM OF THE MEMBER HE SUCCEEDS. ANY VACANCY OCCURING IN THE
OFFICE OF A MEMBER OF THE ADVISORY COMMITTEE SHALL BE FILLED IN THE
MANNER IN WHICH THAT OFFICE WAS ORIGINALLY FILLED.
(6) THE ADVISORY COMMITTEE SHALL APPOINT AND FIX THE COMPENSATION OF
SUCH EMPLOYEES AS IT DETERMINES NECESSARY TO DISCHARGE ITS DUTIES,
INCLUDING EXPERTS AND CONSULTANTS IN ACCORDANCE WITH THE PROVISIONS OF
SECTION 3109 OF TITLE 5, UNITED STATES CODE. //80 STAT. 416.// THE
CORPORATION SHALL FURNISH TO THE ADVISORY COMMITTEE SUCH PROFESSIOANL,
SECRETARIAL, AND OTHER SERVICES AS THE COMMITTEE MAY REQUEST.
(7) MEMBERS OF THE ADVISORY COMMITTEE SHALL, FOR EACH DAY (INCLUDING
TRAVELTIME) DURING WHICH THEY ARE ATTENDING MEETINGS OR CONFERENCES OF
THE COMMITTEE OR OTHERWISE ENGAGED IN THE BUSINESS OF THE COMMITTEE, BE
COMPENSATED AT A RATE FIXED BY THE CORPORATION WHICH IS NOT IN EXCESS OF
THE DAILY EQUIVALENT OF THE ANNUAL RATE OF BASIC PAY IN EFFECT FOR GRADE
GS-18 OF THE GENERAL SCHEDULE, //5 USC 5332 NOTE.// AND WHILE AWAY FROM
THEIR HOMES OR REGULAR PLACES OF BUSINESS THEY MAY BE ALLOWED TRACEL
EXPENSES, INCLUDING PER DIEM IN LIEU OF SUBSISTENCE, AS AUTHORIZED BY
SECTION 5703 OF TITLE, UNITED STATES CODE.
(8) THE FEDERAL ADVISRY COMMITTEE ACT //86 STAT. 770, 5 USC APP.//
DOES NOT APPLY TO THE ADVISORY COMMITTE ESTABLISHED BY THIS SUBSECTION.
AGENCIES;
CIVIL ACTIONS //29 USC 1303.//
SEC. 4003. (A) THE CORPORATION MAY MAKE SUCH INVESTIGATIONS AS IT
DEEMS NECESSARY TO DETERMINE WHETER ANY PERSON HAS VIOLATED OR IS ABOUT
TO VIOLATE ANY PROVISION OF THIS TITLE OR ANY RULE OR REGULATION
THEREUNDER, AND MAY REQUIRE OR PERMIT ANY PERSON TO FILE WITH IT A
STATEMENT IN WRITING, UNDER OATH OR OTHERWISE AS THE CORPORATION SHALL
DETERMINE, AS TO ALL THE FACTS AND CIRCUMSTANCES CONCERNING THE MATTER
TO BE INVESTIGATED
(B) FOR THE PURPOSE OF ANY SUCH INVESTIGATION, OR NAY OTHER
PROCEEDING UNDER THIS TITLE, ANY MEMBER OF THE BOARD OF DIRECTORS OF THE
CORPORATION, OR ANY OFFICER DESIGNATED BY THE CHAIRMAN, MAY ADMIONISTER
OATHS AND AFFIRMATIONS, SUBPENA WITNESSES, COMPEL THEIR ATTENDANCE, TAKE
EVIDENCE, AND REQUIRE THE PRODUCTION OF ANY BOOKS, PAPERS,
CORRESPONDENCE, MEMORANDA, OR OTHER RECORDS WHICH THE CORPORATION DEEMS
RELEVANT OR MATERIAL TO THE INQUIRY.
(C) IN CASE OF CONTUMACY BY, OR REFUSAL TO OBEY A SUBPENA ISSUED TO,
ANY PERSON, THE CORPORATION MAY INVOKE THE AID OF ANY COURT OF THE
UNITED STATES WITHIN THE JURIDICTION OF WHICH SUCH INVESTIGATION OR
PROCEEDING IS CARRIED, OR WHERE SUCH PERSON RESIDES OR VARRIES ON
BUSINESS, IN REQUIRING THE ATTENDANCE AND TESTIMONY OF WITNESSES AND THE
PRODUCTION OF BOOKS, PAPERS, CORRESPONDENCE, MEMORANDA, AND OTHER
RECORDS. THE COURT MAY ISSUE AN ORDER REQUIRING SUCH PERSON TO APPEAT
BEFORE THE CORPORATION, OR MEMBER OR OFFICER DESIGNATED BY THE
CORPORATION, AND TO PRODUCE RECORDS OR TO GIVE TESTIMONY RELATED TO THE
MATTER UNDER INVESTIGATION OR IN QUESTION. ANY FAILURE TOOBEY SUCH
ORDER OF THE COURT MAY BE PUNISHED BY THE COURT AS A CONTEMPT THEREOF.
ALL PROCESS IN ANY SUCH CASE MAY BE SERVED IN THE JUDICIAL DISTRICT IN
WHICH SUCH PERSON IS AN INHABITANT OR MAY BE FOUND.
(D) IN ORDER TO AVOID UNNECESSARY EXPENSE AND DUPLICATION OF
FUNCTIONS AMONG GOVERNMENT AGENCIES, THE CORPORATION MAY MAKE SUCH
ARRANGEMENTS OR AGREEMENTS FOR COOPERATION OR MUTUAL ASSISTANCE IN THE
PERFORMANCE OF ITS FUNCTIONS UNDER THIS TITLE AS IS PRACTICABLE AND
CONSISTENT WITH LAW. THE CORPORATION MAY UTILIZE THE FACILITIES OR
SERVICES OF ANY DEPARTMENT, AGENCY, OR ESTABLISHMENT OF THE UNITED
STATES OR OF ANY STATE OR POLITICAL SUBDIVISION OF A STATE, UNCLUDING
THE SERVICES OF ANY OF ITS EMPLOYEES, WITH THE LAWFUL CONSENT OF SUCH
DEPARTMENT, AGENCY, OR ESTABLISHMENT. THE HEAD OF EACH DEPARTMENT,
AGENCY, OR ESTABLISHMENT OF THE UNITED STATES SHALL COOPERATE WITH THE
CORPORATION AND, TO THE EXTENT PERMITTED BY LAW, PROVIDE SUCH
INFORMATION AND FACILITIES AS IT MAY REQUEST FOR ITS ASSISTANCE IN THE
PERFORMANCE OF ITS FINCTIONS UNDER THIS TITLE. THE ATTORNEY GENERAL OR
HIS REPRESENTATIVE SHALL RECEIVE FROM THE CORPORATION FOR APPROPRIATE
ACTION SUCH EVIDENCE DEVELOPED IN THE PERFORMANCE OF ITS FUNCTIONS UNDER
THIS TITLE AS MAY BE FOUND TO WARRANT CONSIDERATION FOR CRIMINAL
PROSECUTION UNDER THE PROVISIONS OF THIS OR ANY OTHER FEDERAL LAW.
(E)(1) CIVIL ACTIONS MAY BE BROUGHT BY THE CORPORATION FOR
APPROPRIATE RELIEF, LEGAL OR EQUITABLE OR BOTH, TO REDRESS VIOLATIONS OF
THE PROVISIONS OF THIS TITLE.
(2) EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE, WHERE SUCH AN ACTION
IS BROUGHT IN A DISTRICT COURT OF THE UNITED STATES, IT MAY BE BROUGHT
IN THE DISTRICT WHERE THE PLAN IS ADMINISTERED, WHERE THE VIOLATION TOOK
PLACE, OR WHERE A DEFENDANT RESIDES OR MAY BE FOUND, AND PROCESS MAY BE
SERVED IN ANY OTHER DISTRICT WHERE A DEFENDANT RESIDES OR MAY BE FOUND.
(3) THE DISTRICT COURTS OF THE UNITED STATES SHALL HAVE JURIDICTION
OF ACTIONS BROUGHT BY THE CORPORATION UNDER THIS TITLE WITHOUT REGARD TO
THE AMOUNT IN CONTROVERSY IN ANY SUCH ACTION.
(4) UPON APPLICATION BY THE CORPORATION TO A COURT OF THE UNITED
STATES FOR EXPEDITED HANDLING OF ANY CASE IN WHICH THE CORPORATION IS A
PARTY, IT IS THE DUTY OF THAT COURT TO ASSIGN SUCH CASE FOR HEARING AT
THE EARLIEST PRACTICAL DATE AND TO CAUSE SUCH CASE TO BE IN EVERY WAY
EXPEDITED.
(5) IN ANY ACTION BROUGHT UNDER THIS TITLE, WHETER TO COLLECT
PREMIUMS, PENALTIES, AND INTEREST UNDER SENTION 4007 //POST, P. 1013.//
OR ANY OTHER PURPOSE, THE COURT MAY AWARD TO THE CORPORATION ALL OR A
PORTION OF THE COSTS OF LITIGATION INCURRED BY THE CORPORATION IN
CONNECTION WITH SUCH ACTION.
(F) ANY PARTICIPANT, BENEFICIARY, PLAN ADMINISTRATOR, OR EMPLOYEE
ADVERSELY AFFECTED BY ANY ACTION OF THE CORPORATION, OR BY A RECEIVER OR
TRUSTEE APPOINTED BY THE CORPORATION, WITH RESPECT TO A PLAN IN WHICH
SUCH PARTICIPANT, BENEFICIARY, PLAN ADMINISTRATOR OR EMPLOYER HAS AN
INTEREST, MAY BRING AN ACTION AGAINST THE CORPORATION, RECEIVER, OR
TRUSTEE IN THE APPROPRIATE COURT. FOR PURPOSES OF THIS SUBSECTION THE
TERM "APPROPRIATE COURT" MEANS THE UNITED STATES DISTRICT COURT BEFORE
WHICH PROCEEDINGS UNDER SECTION 4041 OR 4042 OF THIS TITLE ARE BEING
CONDUCTED, OR IF NO SUCH PROCEEDINGS ARE BEING CONDUCTED THE UNITED
STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA. THE DISTRICT COURTS
OF THE UNITED STATES HAVE JURISDICTION OF ACTIONS BROUGHT UNDER THIS
SUBSECTION WITHOUT REGARD TO THE AMOUNT IN CONTROVERSY.
SEC. 4004. (A) NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS
TITLE, THE CORPORATION MAY, UPON RECEIPT OF NOTICE THAT A PLAN IS TO BE
TERMINATED OR UPON MAKING A DETERMINATION DESCRIBED IN SECTION 4042,
//POST, P. 1021.// APPOINT A RECEIVER WHOSE POWERS SHALL TAKE EFFECT
IMMEDIATELY. THE RECEIVER SHALL ASSUME CONTROL OF SUCH PLAN AND ITS
ASSETS, PROTECTING THE INTERESTS OF ALL INTERESTED PERSONS DURING
SUBSEQUENT PROCEEDINGS.
(B)(1) WITHIN A REASONABLE TIME, NOT EXCEEDING 20 DAYS, AFTER THE
APPOINTMENT OF A RECEIVER UNDER SUBSECTION (A), THE CORPORATION SHALL
APPLY TO AN APPROPRIATE UNITED STATES DISTRICT COURT FOR A DECREE
APPROVING SUCH APPOINTMENT. THE COURT TO WHICH APPLICATION SI MADE
SHALL ISSUED A DECREE APPROVING SUCH APPONTMENT UNLESS IT DETERMINES
THAT SUCH APPROVAL WOULD NOT BE IN THE BEST INTERESTS OF THE
PARTICIPANTS AND BENEFICIARIES OF THE PLAN.
(2) IF THE COURT TO WHICH THE APPLICATION IS MADE UNDER PARAGRAPH (1)
DISMISSES THE APPLICATION WITH PREJUDICE, OR IF THE CORPORATION FAILS TO
APPLY FOR A DECREE UNDER PARAGRAPH (1) WITHIN 20 DAYS AFTER THE
APPOINTMENT OF THE RECEIVER, THE RECEIVER SHALL TRANSFER ALL ASSETS AND
RECORDS OF THE PLAN HELD BY HIM TO THE PLAN ADMINISTRATOR WITHIN 3
BUSINESS DAYS AFTER SUCH DISMISSAL OR THE EXPIRATION OF THE 20 DAY
PERIOD. THE RECEIVER SHALL NOT BE LIABLE TO THE PLAN OR TO ANY OTHER
PERSON FOR HIS ACTS AS RECEIVER OTHER THAN FOR WILLFIL MISCONDUCT, OR
FOR CONDUCT IN VIOLATION OF THE PROVISIONS OF PART 4 OF SUBPART ] OF
TITLE I OF THIS ACT (EXCEPT TO THE EXTENT TAHT THE PROVISIONS OF SECTION
4042(D)(1)(A) PROVIDE OTHERWISE. //ANTE, P. 832.//
(C) THE CORPORATION IS AUTHORIZED, AS AN ALTERNATIVE TO APPONTING A
RECEIVER UNDER SUBSECTION (A), TO DIRECT A PLAN ADMINISTRATOR TO APPLY
TO A DISTRICT COURT OF THE UNITED STATES FOR THE APPOINTMENT OF A
RECEIVER TO ASSUME CONTROL OF THE PLAN AND ITS ASSETS FOR THE PURPOSE OF
PROTECTING THE INTERESTS OF ALL INTERESTED PERSONS UNTIL THE PLAN CAN BE
TERMINATED UNDER THE PROVISIONS OF THIS TITLE.
(D) A RECEIVER APPOINTED UNDER THIS SECTION HAS THE POWERS OF A
TRUSTEE UNDER SECTION 4042(D)(1)(A) AND (B), AND SHALL REPORT TO THE
CORPORATION AND THE COURT ON THE PLAN FROM TIME TO TIME AS REQUIRED BY
EITHER THE CORPORATION OR THE COURT. AS SOON AS PRACTICABLE AFTER HIS
APPOINTMENT, A RECEIVER APPOINTED UNDER THIS SECTION SHALL DETERMINE
WHETHER THE ASSETS OF THE PLAN ARE SUFFICIENT TO DISCHARGE WHEN DUE ALL
OBLIGATIONS OF THE PLAN WITH RESPECT TO BENEFITS GUARANTEED UNDER THIS
TITLE IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 4044. //POST, P.
1025.// IF THE DETERMINATION OF THE RECEIVER IS APPROVED BY THE
CORPORATION AND THE COURT, THE RECEIVER SHALL PROCEED AS IF HE WERE A
TRUSTEE APPOINTED UNDER SECTION 4042.
(E) A RECEIVER MAY NOT BE APPOINTED UNDER THIS SECTION MORE THAN 270
DAYS AFTER THE DATE OF ENACTMENT OF THIS ACT.
(F) IN ADDITION TO ITS OTHER POWERS UNDER THIS TITLE, FOR ONLY THE
FIRST 270 DAYS AFTER THE DATE OF ENACTMENT OF THIS ACT THE CORPORATION
MAY--
(1) CONTRACT FOR PRINTING WITHOUT REGARD TO THE PROVISIONS OF
CHAPTER 5 OF TITLE 44, UNITED STATES CODE, //44 USC 501.//
(2) WAIVE ANY NOTICE REQUIRED UNDER THIS TITLE IF THE
CORPORATION FINDS THAT A WAIVER IS NECESSARY OR APPROPRIATE,
(3) EXTEND THE 90-DAY PERIOD REFERRED TO IN SECTION 4041(A)
//POST, P. 1020.// FOR AN ADDITIONAL 90 DAYS WITHOUT THE AGREEMENT
OF THE PLAN ADMINISTRATOR AND WITHOUT APPLICATION TO A COURT AS
REQUIRED UNDER SECTION 4041(D), AND
(4) WAIVE THE APPLICATION OF THE PROVISIONS OF SECTIONS 4062,
4063, AND 4064 TO, //POST, P. 1029, 1030.// OR REDUCE THE
LIABILITY IMPOSED UNDER SECTIONS ON, ANY EMPLOYER WITH RESPECT TO
A PLAN TERMINATIN DURING THAT 270 DAY PERIOD IF THE CORPORATION
DETERMINES THAT SUCH WAIVER OR REDUCTION IS NECESSARY TO AVOID
UNREASONABLE HARDSHIP IN ANY CASE IN EHICH THE EMPLOYER WAS NOT
ABLE, AS A PRACTICAL MATTER, TO CONTINUE THE PLAN.
SEC. 4005. (A) THERE ARE ESTABLISHED ON THE BOOKS OF THE TREASURY OF
THE UNITED STATES FOUR REVOLVING FUNDS TO BE USED BY THE CORPORATION IN
CARRYING OUT ITS DUTIES UNDER THIS TITLE. ONE OF THE FUNDS SHALL BE
USED IN CONNECTION WITH BENEFITS GUARANTEED UNDER SECTIONS 4022 AND 4023
//POST, PP. 1016 - 1018.// (BUT NOT NON-BASIC BENEFITS) WITH RESPECT TO
PLANS OTHER THAN MULTIEMPLOYER PLANS, ONE OF THE FUNDS SHALL BE USED
WITH RESPECT TO SUCH BENEFITS GUARANTEED UNDER SUCH SECTIONS (OTHER THAN
NON-BASIC BENEFITS) FOR MULTIEMPLOYER PLANS, ONE OF THE FUNDS SHALL BE
USED WITH RESPECT TO NON-BASIC BENEFITS, IF ANY ARE GUARANTEED BY THE
CORPORATION UNDER SECTION 4022, FOR PLANS WHICH ARE NOT MULTIEMPLOYER
PLANS, AND THE REMAINING FUND SHALL BE USED WITH RESPECT TO NON-BASIC
BENEFITS, IF ANY ARE GUARANTEED BY THE CORPORATION UNDER SECTION 4022,
FOR MULTIEMPLOYER PLANS. WHENEVER IN THIS TITLE REFERENCE IS MADE TO
THE TERM "FUND" THE REFERENCE SHALL BE CONSIDERED TO REFER TO THE
APPROPRIATE FUND ESTABLISHED UNDER THIS SECTION.
(B)(1) EACH FUND ESTABLISHED UNDER THIS SECTION SHALL BE CREDITED
WITH THE APPROPRIATE PORTION OF--
(A) FINDS BORROWED UNDER SUBSECTION (C),
(B) PREMIUMS, PENALTIES, INTEREST, AND CHARGES COLLECTED UNER
THIS TITLE,
(C) THE VALUE OF THE ASSETS OF A PLAN ADMINISTERED UNDER
SECTION 4042 BY A TRUSTEE TO THE EXTENT THAT THEY EXCEED THE
LIABILITIES OF SUCH PLAN,
(D) THE AMOUNT OF ANY EMPLOYER LIABILTY PAYMENTS UNDER SUBTITLE
D, TO THE EXTENT TAHT SUCH PAYMETNS EXCEED LIABILITIES OF THE PLAN
(TAKING INTO ACCOUNT ALL OTHER PLAN ASSETS),
(E) EARNINGS ON INVESTMENTS OF THE FUND OR ON ASSETS CREDITED
TO THE FUND UNDER THIS SUBSECTION, AND
(F) RECEIPTS FROM ANY OTHER OPERATIONS UNDER THIS TITLE.
(2) SUBJECT TO THE PROVISIONS OF SUBSECTION (A), EACH FUND SHALL BE
AVAILABLE--
(A) FOR MAKING SUCH PAYMENTS AS THE CORPORATION DETERMINES ARE
NECESSARY TO PAY BENEFITS GUARANTEED UNDER SECTION 4022,
(B) FOR MAKING SUCH PAYMENTS AS THE CORPORATION DETERMINES ARE
NECESSARY UNDER SECTION 4023,
(C) TO PURCHASE ASSETS FROM A PLAN BREING TERMINATED BY THE
CORPORATION WHEN THE CORPORATION DETERMINES SUCH PURCHASE WILL
BEST PROTECT THE INTERESTS OF THE CORPORATION, PARTICIPANTS IN THE
PLAN BEING TREMINATED, AND OTHER INSURED PLANS,
(D) TO REAPY THE SECRETARY OF THE TREASURY SUCH SUMS AS MAY BE
BORROWED (TOGETHER WITH INTEREST THEREON) UNDER SUBSECTION (C),
AND
(E) TO PAY THE OPERATIONAL AND ADMINISTRATIVE EXPENSES OF THE
CORPORATION, INCLUDING REIMBURSEMENT OF THE EXPENSES INCURRED BY
THE DEPARTMENT OF THE TREASURY IN MAINTAINING THE FUNDS, AND THE
COMPTROLLER GENERAL IN AUDITING THE CORPORATION.
(3) WHENEVER THE CORPORATION DETERMINES THAT THE MONEYS OF ANY FUND
ARE IN EXCESS OF CURRENT NEEDS, IT MAY REQUEST THE INVESTMENT OF SUCH
AMOUNTS AS IT DETERMINES ADVISABLE BY THE SECRETARY OF THE TREASURY IN
OBLIGATIONS ISSUED OR GUARANTEED BY THE UNITED STATES BUT, UNTIL ALL
BORROWINGS UNDER SUBSECTION (C) HAVE BEEN REPAID, THE OBLIGATIONS IN
WHICH SUCH EXCESS MONEYS ARE INVESTED MAY NOT YIELD A RATE OF RETURN IN
EXCESS OF THE RATE OF INTEREST PAYABLE ON SUCH BORROWINGS.
(C) THE CORPORATION IS AUTHORIZED TO ISSUE TO THE SECRETARY OF THE
TREASURY NOTES OR OTHER OBLIGATIONS IN AN AGGREGATE AMOUNT OF NOT TO
EXCEED $100,000,000, IN SUCH FORMS AND DENOMINATIONS, BEARING SUCH
MATURITIES, AND SUBJECT TO SUCH TERMS AND CONDITIONS AS MAY BE
PRESCRIBED BY THE SECRETARY OF THE TREASURY. SUCH NOTES OR OTHER
OBLIGATIONS SHALL BEAR INTEREST AT A RATE DETERMINED BY THE SECRETARY OF
THE TREASURY, TAKING INTO CONSIDERATION THE CURRENT AVERAGE MARKET YIELD
ON OUTSTANDING MARKETABLE OBLIGATIONS OF THE UNITED STATES OF COMPARABLE
MATURITIES DURING THE MONTH PRECEDING THE ISSUANCE OF SUCH NOTES OR
OTHER OBLIGATIONS OF THE CORPORATION. THE SECRETARY OF THE TREASURY IS
AUTHORIZED AND DIRECTED TO PURCHASE ANY NOTES OR OTHER OBLIGATIONS
ISSUED BY THE CORPORATION UNDER THIS SUBSECTION, AND FOR THAT PURPOSE HE
IS AUTHORIZED TO USE AS A PUBLIC DEBT TRANSACTION THE PROCEEDS FROM THE
SALE OF ANY SECURITIES ISSUED UNDER THE SECOND LIBERTY BOND ACT, //84
STAT. 830, 31 USC 757C.// AS AMENDED, AND THE PURPOSES FOR WHICH
SECURITIES MAY BE ISSUED UNDER THAT ACT, AS AMENDED, ARE EXTENDED TO
INCLUDE ANY PURCHASE OF SUCH NOTES AND OBLIGATIONS. THE SECRETARY OF THE
TREASURY MAY AT ANY TIME SELL ANY OF THE NOTES OR OTHER OBLIGATIONS
ACQUIRED BY HIM UNDER THIS SUBSECTION. ALL REDEMPTIONS, PURCHASES, AND
SALES BY THE SECRETARY OF THE TREASURY OF SUCH NOTES OR OTHER
OBLIGATIONS SHALL BE TREATED AS PUBLIC DEBT TRANSACTIONS OF THE UNITED
STATES.
SEC. 4006. (A)(1) THE CORPORATION SHALL PRESCRIBE SUCH ISURANCE
PREMIUM RATES AND SUCH COVERAGE SCHEDULES FOR THE APPLICATION OF THOSE
RATES AS MAY BE NECESSARY TO PROVIDE SUFFICIENT REVENUS TO THE FUND FOR
THE CORPORATION TO CARRY OUT ITS FUNSTIONS UNDER THIS TITLE. THE
PREMIUM RATES CHARGED BY THE CORPORATION FOR ANY PERIOD SHALL BE UNIFORM
FOR ALL PLANS, OTHER THAN MULTIEMPLOYER PLANS INSURED BY THE
CORPORATION, WITH RESPECT TO BASIC BENEFITS GUARANTEED BY IT UNDERL
SECTION 4022, //POST, P. 1016.// AND SHALL BE UNIFORM FOR ALL
MULTIEMPLOYER PLANS WITH RESPECT TO BASIC BENEFITS GUARANTEED BY IT
UNDER SUCE SECTION. THE PREMIUM RATES CHARGED BY THE CORPORATION FOR
ANY PERIOD FOR NON-BASIC BENEFITS GUARANTEED, BY IT SHALL BE UNIFORM BY
CATEGORY OF NON-BASIC BENEFIT GUARANTEED, SHALL BE BASED ON THE RISK
INSURED IN EACH CATEGORY, AND SHALL REFLECT THE EXPERIENCE OF THE
CORPORATION (INCLUDING REASONABLY ANTICIPATED EXPERIENCE) IN
GUARANTEEING SUCH BENEFITS.
(2) THE CORPORATION SHALL MAINTAIN SEPARATE COVERAGE SCHEDULES FOR--
(A) BASIC BENEFITS GUARANTEED BY IT UNDER SECTION 4022 FOR--
(I) PLANS WHICH ARE MULTIEMPLOYER PLANS, AND
(II) PLANS WHICH ARE NOT MULTIEMPLOYER PLANS,
(B) EMPLOYERS INSURED UNDER SECTION 4023 //POST, P. 1019.//
AGAINST LIABILITY UNDER SUBTITLE D OF THIS TITLE, AND (C)
NON-BASIC BENEFITS.
EXCEPT AS PROVIDED IN PARAGRAPH (3), THE CORPORATION MAY REVISE SUCH
SCHEDULES WHENEVER IT DETERMINES THAT REVISED RATES ARE NECESSARY, BUT A
REVISED SCHEDULE DESCRIBED IN SUBPARAGRAPH (A) SHALL APPLY ONLY TO PLAN
YEARS BEGINNING MORE THAN 30 DAYS AFTER THE DATE ON WHICH THE CONGRESS
APPROVES SUCH REVISED SCHEDULE BY A CONCURRENT RESOLUTION.
(3) EXCEPT AS PROVIDED IN PARAGRAPH (4), THE RATE FOR ALL PLANS FOR
BENEFITS GUARANTEED UNDER SECTION 4022 //POST, P. 1016.// (OTHER THAN
NON-BASIC BENEFITS) WITHRESPECT TO PLAN YEARS ENDING NO MORE THAN 35
MONTHS AFTER THE EFFECTIVE DATE OF THIS TITLE IS--
(A) IN THE CASE OF EACH PLAN WHICH IS NOT A MULTIEMPLOYER PLAN,
AN AMOUNT EQUAL TO ONE DOLLAR FOR EACH INDIVIDUAL WHO IS A
PARTICIPANT IN SUCH PLAN AT ANY TIME DURING THE PLAN YEAR; AND
(B) IN THE CASE OF A MULTIEMPLOYER PLAN, AN AMOUNT EQUAL TO
FIFTY CENTS FOR EACH INDIVIDUAL WHO IS A PARTICIPANT IN SUCH PLAN
AT ANY TIME DURING SUCH PLAN YEAR.
THE RATE APPLICABLE UNDER THIS PARAGRAPH TO ANY PLAN THE PLAN YEAR OF
WHICH DOES NOT BEGIN ON THE DATE OF ENACTMENT OF THIS ACT IS A FRACTION
OF THE RATE DESCRIBED INT EH PRECEDING SENTENCE, THE NUMERATOR OF WHICH
IS THE NUMBER OF MONTHS WHICH END BEFORE THE DATE ON WHICH THE NEW PLAN
YEAR COMMENCES AND THE DENOMINATOR OF WHICH IS 12. THE CORPORATION IS
AUTHORIZED TO PRESCRIBE REGULATIONS UNDER WHICH THE RATE DESCRIBED IN
SUBPARAGRAPH (B) WILL NOT APPLY TO THE SAME PARTICIPANT IN ANY
MULTIEMPLOYER PLAN MORE THAN ONCE FOR NAY PLAN YEAR.
(4) UPON NOTIFICATION FILED WITH THE CORPORATION NOT LESS THAN 60
DAYS AFTER THE DATE ON WHCH THE CORPORATION PUBLISHES THE RATES
APPLICABLE UNDER PARAGRAPH (5), AT THE ELECTION OF A PLAN YEART TO WHICH
THIS SECTION APPLIES BEGINNING AFTER THE DATE OF ENACTMENT OF THIS ACT
SHALL BE THE GREATER OF--
(A) AN ALTERNATIVE RATE DETERMINED UNDER PARAGRAPH (5), OR
(B) ONE-HALF OF THE RATE APPLICABLE TO THE PLAN UNDER PARAGRAPH
(3).
IN THE CASE OF A MULTIEMPLOYER PLAN, THE RATE PRESCRIBED BY THIS
PARAGRAPH (AT THE ELECTION OF A PLAN) FOR THE SECOND FULL PLAN YEAR IS
ALSO THE APPLICABLE RATE FOR PLAN YEARS SUCCEEDING THE SECOND FULL PLAN
YEAR AND ENDING BEFORE THE FULL PLAN YEAR FIRST COMMENCING AFTER
DECEMBER 31, 1977.
(5) IN CARRYING OUT ITS AUTHORITY UNDER PARAGRAPH (1) TO ESTABLISH
PREMIUM RATES AND BASES FOR BASIC BENEFITS GUARANTEED UNDER SECTION 4022
THE CORPORATION SHALL ESTABLISH SUCH RATES AND BASES IN COVERAGE
SCHEDULES FOR PLAN YEARS BEGINNING 24 MONTHS OR MORE AFTER THE DATE OF
ENACTMENT OF THIS ACT IN ACCORDANCE WITH THE PROVISIONS OF THIS
PARAGRAPH. THE CORPORATION SHALL PUBLISH THE RATE SCHEDULES FIRST
APPLICABLE UNDER THIS PARAGRAPH IN THE FEDERAL REGISTER NOT LATER THAN
270 DAYS AFTER THE DATE OF ENACTMENT OF THIS ACT.
(A) THE CORPORATION MAY ESTABLISH ANNUAL PREMIUMS COMPOSED OF--
(I) A RATE APPLICABLE TO THE EXCESS, IF ANY, OF THE PRESENT
VALUE OF THE BASIC BENEFITS OF THE PLAN WHICH ARE GUARANTEED OVER
THE VALUE OF THE ASSETS OF THE PLAN, NOT IN EXCESS OF 0.1 PERCENT
FOR PLANS WHICH ARE NOT MULTIEMPLOYER PLANS, AND NOT IN EXCESS OF
0.025 PERCENT FOR MULTIEMPLOYER PLANS, AND
(II) AN ADDITIONAL CHARGE BASED ON THE RATE APPLICABLE TO THE
PRESENT VALUE OF THE BASIC BENEFITS OF THE PLAN WHICH ARE
GUARANTEED, DETERMINED SEPARATELY FOR MULTIEMPLOYER PLANS AND FOR
PLANS WHICH ARE NOT MULTIEMPLOYER PLANS. THE RATE FOR THE
ADDITIONAL CHARGE REFERRED TO ON CLAUSE (II) SHALL BE SET BY THE
CORPORATION FOR EVERY YEAR AT A LEVEL (DETERMINED SEPARATELY FOR
MULTIEMPLOYER PLANS AND FOR PLANS WHICH ARE NOT MULTIEMPLOYER
PLANS) WHICH THE CORPORATION ESTIMATES WILL YIELD TOTAL REVENUE
APPROXIMATELY EQUAL TO THE TOTAL REVENUE TO BE DERIVED BY THE
CORPORATION FROM THE PREMIUMS REFERRED TO IN CLAUSE (I) OF THIS
SUBPARAGRAPH.
(B) THE CORPORATION MAY ESTABLISH ANNUAL PREMIUMS BASED ON--
(I) THE NUMBER OF PARTICIPANTS IN A PLAN, BUT SUCH PREMIUM
RATES SHALL NOT EXCEED THE RATES DESCRIBED IN PARAGRAPH (3),
(II) UNFUNDED BASIC BENEFITS GUARANTEED UNDER THIS TITLE, BUT
SUCH PREMIUM RATES SHALL NOT EXCEED THE LIMITATIONS APPLICABLE
UNDER SUBPARAGRAPH (A)(I), OR
(III) TOTAL GUARANTEED BASIC BENEFITS, BUT SUCH PREMIUM RATES
MAY NOT EXCEED THE RATES DETERMINES UNDER SUBPARAGRAPH (A) (II).
IF THE CORPORATION USES 2 OR MORE OF THE RATE BASES DESCRIBED IN
THIS SUBPARAGRAPH, THE PREMIUM RATES SHALL BE DESIGNED TO PRODUCE
APPROXIMATELY EQUAL AMOUNTS OF AGGREGATE PREMIUM REVENUE FROM EACH
OF THE RATE BASES USED.
(6) THE CORPORATION SHALL BY REGULATION DEFINE THE TERMS "VALUE OF
THE ASSETS" AND "PRESENT VALUE OF THE BENEFITS OF THE PLAN WHICH ARE
GUARANTEED" IN A MANNER CONSISTENT WITH THE PURPOSES OF THIS TITLE AND
THE PROVISIONS OF THIS SECTION.
(B)(1) IN ORDER TO PLACE A REVISED COVERAGE SCHEDULE (OTHER THAN A
SCHEDULE DESCRIBED IN SUBSECTION (A)(2) (B) OR (C) IN EFFECT, THE
CORPORATION SHALL TRANSMIT THE PROPOSED SCHEDULE, ITS PROPOSED EFFECTIVE
DATE, AND THE REASONS FOR ITS PROPOSAL TO THE COMMITTEE ON WAYS AND
MEANS AND THE COMMITTEE ON EDUCATION AND LABOR OF THE HOUSE OF
REPRESENTATIVES, AND TO THE COMMITTEE ON FINANCE AND THE COMMITTEE ON
LABOR AND PUBLIC WELFARE OF THE SENATE.
(2) THE SUCCEEDING PARAGRAPHS OF THIS SUBSECTION ARE ENACTED BY
CONGRESS AS AN EXERCISE OF THE RULEMAKING POWER OF THE SENATE AND THE
HOUSE OF REPRESENTATIVES, RESPECTIVELY, AND AS SUCH THEY SHALL BE DEEMED
A PART OF THE RULES OF EACH HOUSE, RESPECTIVELY, BUT APPLICABLE ONLY
WITH RESPECT TO THE PROCEDURE TO BE FOLLOWED IN THAT HOUSE IN THE CASE
OF RESOLUTIONS DESCRIBED IN PARAGRAPH (3). THEY SHALL SUPERCEDE OTHER
RULES ONLY TO THE EXTENT THAT THEY ARE INCONSISTENT THEREWITH. THEY ARE
ENACTED WITH FULL RECOGNITION OF THE CONSTITUTIONAL RIGHT OF EITHER
HOUSE TO CHANGE THE RULES (SO FAR AS RELATING TO THE PROCEDURE OF THAT
HOUSE) AT ANY TIME, IN THE SAME MANNER AND TO THE SAME EXTENT AS IN THE
CASE OF ANY RULE OF THAT HOUSE.
(3) FOR THE PURPOSE OF THE SUCCEEDING PARAGRAPHS OF THIS SUBSECTION,
"RESOLUTION" MEANS ONLY A CONCURRENT RESOLUTION, THE MATTER AFTER THE
RESOLVING CLAUSE OF WHICH IS AS FOLLOWS: "THAT THE CONGRESS FAVORS THE
PROPSED REVISED COVERAGE SCHEDULE TRANSMITTED TO CONGRESS BY THE PENSION
BENEFIT GUARANTY CORPORATION ON ---.", THE BLANK SPACE THEREIN BEING
FILLED WITH THE DATE ON WHICH THE CORPORATION'S MESSAGE PROPOSING THE
RATE WAS DELIVERED.
(4) A RESOLUTION SHALL BE REFERRED TO THE COMMITTEE ON WAYS AND MEANS
AND THE COMMITTEE ON EDUCATION AND LABOR OF THE HOUSE OF REPRESENTATIVES
AND TO THE COMMITTEE ON FINANCE AND THE COMMITTEE ON LABOR AND PUBLIC
WELFARE OF THE SENATE.
(5) IF A COMMITTEE TO WHICH HAS BEEN REFERRED A RESOLUTION HAS NOT
REPORTED IT BEFORE THE EXPIRATION OF 10 CALENDAR DAYS AFTER ITS
INTRODUCTION, IT SHALL THEN (BUT NOT BEFORE) BE IN ORDER TO MOVE TO
DISCHARGE THE COMMITTEE FROM FURTHER CONSIDERATION OF THAT RESOLUTION,
OR TO DISCHARGE THE COMMITTEE FROM FURTHER CONSIDERATION OF ANY OTHER
RESOLUTION WITH RESPECT TO THE PROPOSED ADJUSTMENT WHICH HAS BEEN
REFERRED TO THE COMMITTEE. THE MOTION TO DISCHARGE MAY BE MADE ONLY BY
A PERSON FAVORING THE RESOLUTION, SHALL BE HIGHLY PRIVILEGED (EXCEPT
THAT IT MAY NOT BE MADE AFTER THE COMMITTEE HAS REPORTED A RESOLUTION
WITH RESPECT TO THE SAME PROPOSED RATE), AND DEBATE THEREON SHALL BE
LIMITED TO NOT MORE THAN 1 HOUR, TO BE DIVIDED EQUALLY BETWEEN THOSE
FAVORING AND THOSE OPPOSING THE RESOLUTION. AN AMENDMENT TO THE MOTION
IS NOT IN ORDER, AND IT IS NOT IN ORDER TO MOVE TO RECONSIDER THE VOTE
BY WHICH THE MOTION IS AGREED TO OR DISAGREED TO. IF THE MOTION TO
DISCHARGE IS AGREED TO OR DISAGREED TO, THE MOTION AMY NOT BE RENEWED,
NOR MAY ANOTHER MOTION TO DISCHARGE THE COMMITTEE BE MADE WITH RESPECT
TO ANY OTHER RESOLUTION WITH RESPECT TO THE SAME PROPOSED RATE.
(6) WHEN A COMMITTEE HAS REPORTED, OR HAS BEEN DISCHARGED FROM
FURTHER CONSIDERATION OF A RESOLUTION, IT IS AT ANY TIME THEREAFTER IN
ORDER (EVEN THOUGH A PREVIOUS MOTION TO THE SAM EFFECT HAS BEEN
DISAGREED TO) TO MOVE TO PROCEED TO THE CONSIDERATION OF THE RESOLUTION.
THE MOTION IS HIGHLY PRIVILEGED AND IS NOT DEBATABLE. AN AMENDMENT TO
THE MOTION IS NOT IN ORDER, AND IT IS NOT IN ORDER TO MOVE TO RECONSIDER
THE VOTE BY WHICH THE MOTION OS AGREED TO OR DISAGREED TO. DEBATE ON
THE RESOLUTION SHALL BE LIMITED TO NOT MORE THAN 10 HOURS, WHICH SHALL
BE DIVIDED EQUALLY BETWEEN THOSE FAVORING AND THOSE OPPOSING THE
RESOLUTION. A MOTION FURTHER TO LIMIT DEBATE IS NOT DEBATABLE. AN
AMENDMENT TO, OR MOTION TO RECOMMIT, THE RESOLUTION IS NOT IN ORDER, AND
IT IS NOT IN ORDER TO MOVE TO RECONSIDER THE VOTE BY WHICH THE
RESOLUTION IS AGREED TO OR DISAGREED TO.
(7) MOTIONS TO POSTPONE, MADE WITH RESPECT TO THE DISCHARGE FROM
COMMITTEE, OR THE CONSIDERATION OF, A RESOLUTION AND MOTIONS TO PROCEED
TO THE CONSIDERATION OF OTHER BUSINESS SHALL BE DECIDED WITHOUT DEBATE.
APPEALS FROM THE DECISIONS OF THE CHAIR RELATING TO THE APPLICATION OF
THE RULES OF THE SENATE OR THE HOUSE OF REPRESENTATIVES, AS THE CASE MAY
BE, TO THE PROCEDURE RELATING TO A RESOLUTION SHALL BE DECIDED WITHOUT
DEBATE.
SEC. 4007. (A) THE PLAN ADMINISTRATOR OF EACH PLAN SHALL PAY THE
PREMIUM IMPOSED BY THE CORPORATION UNDER THIS TITLE WITH RESPECT TO THAT
PLAN WHEN THEY ARE DUE. ANY EMPLOYER OBTAINING CONTINGENT LIABILITY
COVERAGE UNDER SECTION 4023 //POST, P. 1019.// SHALL PAY THE PREMIUMS
IMPOSED BY THE CORPORATION UNDER THAT SECTION WHEN DUE. PREMIUMS UNDER
THIS TITLE ARE PAYABLE AT THE TIME, AND ON AN ESTIMATED, ADVANCE, OR
OTHER BASIS, AS DETERMINED BY THE CORPORATION. PREMIUMS IMPOSED BY THIS
TITLE ON THE DATE OF ENACTMENT (APPLICABLE TO THAT PORTION OF ANY PLAN
YEAR DURING WHICH SUCH DATE OCCURS) ARE DUE WITHIN 30 DAYS AFTER SUCH
DATE. PREMIUMS IMPOSED BY THIS TITLE ON THE FIRST PLAN YEAR COMMENCING
AFTER THE DATE OF ENACTMENT OF THIS ACT ARE DUE WITHIN 30 DAYS AFTER
SUCH PLAN YEAR COMMENCES. PREMIUMS SHALL CONTINUE TO ACCRUE UNTIL A
PLAN'S ASSETS ARE DISTRIBUTED PURSUANT TO A TERMINATION PROCEDURE, OR
UNTIL A TRUSTEE IS APPOINTED PURSUANT TO SECTION 4042, //POST, P.
1025.// WHICHEVER IS EARLIER.
(B) IF ANY BASIC BENEFIT PREMIUM IS NOT PAID WHEN IT IS DUE THE
CORPORATION IS AUTHORIZED TO ASSESS A LATE PAYMENT CHARGE OF NOT MORE
THAN 100 PERCENT OF THE PREMIUM PAYMENT WHICH WAS NOT TIMELY PAID. THE
PRECEDING SENTENCE SHALL NOT APPLY TO ANY PAYMENT OF PREMIUM MADE WITHIN
60 DAYS AFTER THE DATE ON WHICH PAYMETN IS DUE, IF BEFORE SUCH DATE, THE
PLAN ADMINISTRATOR OBTAINS A WAIVER FROM THE CORPORATION BASED UPON A
SHOWING OF SUBSTATIAL HARDSHIP ARISING FROM THE TIMELY PAYMENT OF THE
PREMIUM. THE CORPORATION IS AUTHORIZED TO GRANT A WAIVER UNDER THIS
SUBSECTION UPON APPLICATION MADE BY THE PLAN ADMINISTRATOR, BUT THE
CORPORATION MAY NOT GRANT A WAIVER IF IT APPEARS THAT THE PLAN
ADMINISTRATOR WILL BE UNABLE TO PAY THE PREMIUM WITHIN 60 DAYS AFTER THE
DATE ON WHICH IT IS DUE. IF ANY PREMIUM IS NOT PAID BY THE LAST DATE
PRESCRIBED FOR A PAYMENT, INTEREST ON THE AMOUNT OF SUCH PREMIUM AT THE
RATE IMPOSED UNDER SECTION 6601(A) OF THE INTERNAL REVENUE CODE OF 1954
//26 USC 6601.// (RELATING TO INTEREST ON UNDERPAYMENT, NONPAYMENT, OR
EXTENSIONS OF TIME FOR PAYMENT OF TAX) SHALL BE PAID FOR THE PERIOD FROM
SUCH LAST DATE TO THE DATE PAID.
(C) IF ANY PLAN ADMINISTRATOR FAILS TO PAY A PREMIUM WHEN DUE, THE
CORPORATION IS AUTHORIZED TO BRING A CIVIL ACTION IN ANY DISTRICT COURT
OF THE UNITED STATES WITHIN THE JURISDICTIONOF HWICH THE PLAN ASSETS ARE
LOCATED, THE PALN IS ADMINISTERED, OR IN WHICH A DEFENDANT RESIDES OR IS
FOUND FOR THE RECOVERY OF THE AMOUNT OF THE PREMIUM PENALTY, AND
INTEREST, AND PROCESS MAY BE SERVED IN ANY OTHER DISTRICT. THE DISTRICT
COURTS OF THE UNITED STATES SHALL JURISDICTION OVER ACTIONS BROUGHT
UNDER THIS SUBSECTION BY THE CORPORATION WITHOUT REGARD TO THE AMOUNT IN
CONTROVERSY.
(D) THE CORPORATION SHALL NOT CEASE TO GUARANTEE BASIC BENEFITS ON
ACCOUNT OF THE FAILURE OF A PLAN ADMINISTRATOR TO PAY ANY PREMIUM WHEN
DUE.
SEC. 4008. AS SOON AS PRACTICABLE AFTER THE CLOSE OF EACH FISCAL
YEAR THE CORPORATION SHALL TRANSMIT TO THE PRESIDENT AND THE CONGRESS A
REPORT RELATIVE TO THE CONDUCT OF ITS BUSINESS UNDER THIS TITLE FOR THAT
FISCAL YEAR. THE REPORT SHALL INCLUDE FINANCIAL STATEMENTS SETTING
FORTH THE FINANCES OF THE CORPORATION AT THE END OF SUCH FISCAL YEAR AND
THE RESULT OF ITS OPERATIONS (INCLUDING THE SOURCE AND APPLICATION OF
ITS FUNDS) FOR THE FISCAL YEAR AND SHALL INCLUDE AN ACTUARIAL EVALUATION
OF THE EXPECTED OPERATIONS AND STAUS OF THE FUNDS ESTABLISHED UNDER
SECTION 4005 //ANTE, P. 1009.// FOR THE NEXT FIVE YEARS (INCLUDING A
DETAILED STATEMENT OF THE ACTUARIAL ASSUMPTIONS AND METHODS USED IN
MAKING SUCH EVALUATION).
SEC. 4009. THE CORPORATION SHALL PROVIDE ADVICE AND ASSISTANCE TO
INDIVIDUALS WITH RESPECT TO EVALUATING THE ECONOMIC DESIRABILITY OF
ESTABLISHING INDIVIDUAL RETIREMENT ACCOUNTS OR OTHER FORMS OF INDIVIDUAL
RETIREMENT SAVINGS FOR WHICH A DEDUCTION IS ALLOWABLE UNDER SECTION 219
OF THE INTERNAL REVENUE CODE OF 1954 //ANTE, P. 958.// AND WITH RESPECT
TO EVALUATING THE DESIRABILITY, IN PARTICULAR CASES, OF TRANSFERRING
AMOUNTS REPRESENTING AN EMPLOYEE'S INTEREST IN A QUALIFIED PLAN TO SUCH
AN ACCOUNT UPON THE EMPLOYEE'S SEPARATION FROM SERVICE WITH AN EMPLOYER.
SEC. 40219 (A) EXCEPT AS PROVIDED IN SUBSECTION (B), THIS SECTION
APPLIES TO ANY PLAN (INCLUDING A SUCCESSOR PLAN) WHICH, FOR A PLAN
YEAR--
(1) IS AN EMPLOYEE PENSION BENEFIT PLAN (AS DEFINED IN
PARAGRAPH (2) OF SECTION 3 OF THIS ACT) //ANTE, P. 833.//
ESTABLISHED OR MAINTAINED--
(A) BY AN EMPLOYER ENGAGED IN COMMERCE OR IN ANY INDUSTRY OR
ACTIVITY AFFECTING COMMERCE, OR
(B) BY ANY EMPLOYEE ORGANIZATION, OR ORGANIZATION REPRESENTING
EMPLOYEES, ENGAGED IN COMMERCE OR IN ANY INDUSTRY OR ACTIVITY
AFFECTING COMMERCE, OR
(C) BY BOTH WHICH HAS, IN PRACTICE, MET THE REQUIREMENTS OF
PART 1 OF SUBCHAPTER D OF CHAPTER 1 OF THE INTERNAL REVENUE CODE
OF 1954 //26 USC 401.// (AS IN EFFECT FOR THE PRECEDING 5 PLAN
YEARS OF THE PLAN) APPLICABLE TO PLANS DESCRIBED IN PARAGRAPH (2)
FOR THE PRECEDING 5 PLAN YEARS; OR
(2) IS, OR HAS BEEN DETERMINED BY THE SECRETARY OF THE TREASURY
TO BE, A PLAN DESCRIBED IN SECTION 401(A) OF THE INTERNAL REVENUE
CODE OF 1954, OR WHICH MEETS, OR HAS BEEN DETERMINED BY THE
SECRETARY OF THE TREASURY TO MEET, THE REQUIREMNETS OF SECTION
404(A) (2) OF SUCH CODE.
FOR PURPOSES OF THIS TITLE, A SUCCESSOR PLAN IS CONSIDERED TO BE A
CONTINUATION OF A PREDECESSORPLAN. FOR THIS PURPOSE, A SUCCESSOR PLAN
IS A PLAN WHICH COVERS A GROUP OF EMPLOYEES WHICH INCLUDES SUBSTANTIALLY
THE SAME EMPLOYEES AS A PREVIOUSLY ESTABLISHED PLAN, AND PROVIDES
SUBSTANTIALLY THE SAME BENEFITS AS THAT PLAN PROVIDED.
(B) THIS SECTION DOES NOT APPLY TO ANY PLAN--'
(1) WHICH IS AN INDIVIDUAL ACCOUNT PLAN, AS DEFINED IN
PARAGRAPH (34) OF SECTION 3 OF THIS ACT, //ANTE, P. 838.//
(2) ESTABLISHED AND MAINTAINED FOR ITS EMPLOYEES BY THE
GOVERNMENT OF THE UNITED STATES, BY THE GOVERNMETN OF ANY STATE OR
POLITICAL SUBDIVSION THEREOF, OR BY ANY AGENCY OR INSTRUMENTALITY
OF ANY OF THE FOREGOING, OR TO WHICH THE RAILROAD RETIREMENT ACT
OF 1935 OR 1937 APPLIES AND WHICH IS FINANCED BY CONTRIBUTIONS
REQUIRED UNDER THAT ACT, //45 USC 215 - 228 NOTES, 228A - 228S -
2.//
(3) WHICH IS A CHURCH PLAN AS DEFINED IN SECTION 414(E) OF THE
INTERNAL REVENUE CODE OF 1954, /ANTE, P. 925.// UNLESS THAT PLAN
HAS MADE AN ELECTION UNDER SECTION 410(D) OF SUCH CODE, //ANTE, P.
901.// AND HAS NOTIFIED THE CORPORATION IN ACCORDANCE WITH
PROCEDURES PRESCRIBED BY THE CORPORATION, THAT IT WISHES TO HAVE
THE PROVISIONS OF THIS PART APPLY TO IT,
(4)(A) ESTABLISHED AND MAINTAINED BY A SOCIETY, ORDER, OR
ASSOCIATION DESCRIBED IN SECTION 501(C) (8) OR (9) OF THE INTERNAL
REVENUE CODE OF 1954, //26 USC 501.// IF NO PART OF THE
CONTRIBUTIONS TO OR UNDER THE PLAN IS MADE BY EMPLOYERS OF
PARTICIPANTS IN THE PLAN, OR
(B) OF WHICH A TRUST DESCRIBED IN SECTION 501(C)N18) OF SUCH
CODE IS A PART;
(5) WHICH HAS NOT AT ANY TIME AFTER THE DATE OF ENACTMENT OF
THIS ACT PROVIDED FOR EMPLOYER CONTRIBUTIONS;
(6) WHICH IS UNFUNDED AND WHICH IS MAINTAINED BY AN EMPLOYER
PRIMARILY FOR THE PURPOSE OF PROVIDING DEFERRED COMPENSATION FOR A
SELECT GROUP OF MANAGEMENT OR HIGHLY COMPENSATED EMPLOYEES;
(7) WHICH IS ESTABLISHED AND MAINTAINED OUTSIDE OF THE UNITED
STATES PRIMARILY FOR THE BENEFIT OF INDIVIDUALS SUBSTANTIALLY ALL
OF WHOM ARE NONRESIDENT ALIENS;
(8) WHICH IS MAINTAINED BY AN EMPLOYER SOLELY FOR THE PURPOSE
OF PROVIDING BENEFITS FOR CERTAIN EMPLOYEES IN EXCESS OF THE
LIMITATIONS ON CONTRIBUTIONS AND BENEFITS IMPOSED BY SECTION 415
OF THE INTERNAL REVENUE CODE OF 1954 //ANTE, P. 979.// ON PLANS TO
WHICH THAT SECTION APPLIES, WITHOUT REGARD TO WHETHER THE PLAN IS
FUNDED, AND, TO THE EXTENT THAT A SEPARABLE PART OF A PLAN (AS
DETERMINED BY THE CORPORATION) MAINTAINED BY AN EMPLOYER IS
AMINTAINED FOR SUCH PURPOSE, THAT PART SHALL BE TREATED FOR
PURPOSES OF THIS TITLE, AS A SEPARATE PLAN WHICH IS AN EXCESS
BENEFITS PLAN;
(9) WHICH IS ESTABLISHED AND MAINTAINED EXCLUSIVELY FOR
SUBSTANTIAL OWNERS AS DEFINED IN SECTION 4022(B)(6); //POST, P.
1017.//
(10) OF AN INTERNATIONAL ORGANIZATION WHICH IS EXEMPT FROM
TAXATION UNDER THE INTERNATIONAL ORGANIZATIONS IMMUNITIES ACT;
//22 USC 288 NOTE.//
(11) MAINTAINED SOLELY FOR THE PURPOSE OF COMPLYING WITH
APPLICABLE WORKMEN'S COMPENSATION LAWS OR UNE,PLOYMENT
COMPENSATION OR DISABILITY INSURANCE LAWS;
(12) WHICH IS A DEFINED BENEFIT PLAN, TO THE EXTENT THAT IT IS
TREATED AS AN INDIVIDUAL ACCOUNT PLAN UNDER PARAGRAPH (35)(B) OF
SECTION 3 OF THIS ACT, //ANTE, P. 838.// OR
(13) ESTABLISHED AND MAINTAINED BY A PROFESSIOANL SERVICE
EMPLOYER WHICH DOES NOT AT ANY TIME AFTER THE DATE OF ENACTMENT OF
THIS ACT HAVE MORE THAN 25 ACTIVE PARTICIPANTS IN THE PLAN.
(C)(1) FOR PURPOSES OF SUBSECTION (B)(1), THE TERM "INDIVIDUAL
ACCOUNT PLAN" DOES NOT INCLUDE A PLAN UNDER WHICH A FIXED BENEFIT IS
PROMISED IF THE EMPLOYER OR HIS REPRESENTATIVE PARTICIPATED IN THE
DETERMINATION OF THAT BENEFIT.
(2) FOR PURPOSES OF THIS PARAGRAPH AND FOR PURPOSES OF SUBSECTION
(B)(13)--'
(A) THE TERM "PROFESSIONAL SERVICE EMPLOYER" MEANS ANY
PROPRIETORSHIP, PARTNERSHIP, CORPORATION, OR OTHER ASSOCIATION OR
ORGANIZATION (I) OWNED OR CONTROLLED BY PROFESSIONAL INDIVIDUALS
OR BY EXECUTORS OR ADMINISTRATORS OF PROFESSIONAL INDIVIDUALS,
(II) THE PRINCIPAL BUSINESS OF WHICH IS THE PERFORMANCE OF
PROFESSIONAL SERVICES, AND
(B) THE TERM "PROFESSIONAL INDIVIDUALS" INCLUDES BUT IS NOT
LIMITED TO, PHYSICIANS, DENTISTS, CHIROPRACTORS, OSTEOPATHS,
OPTOMETRISTS, OTHER LICENSED PRACTITIONERS OF THE HEALING ARTS,
ATTORNEYS AT LAW, PUBLIC ACCOUNTANTS, PUBLIC ENGINEERS,
ARCHITECTS, DRAFTSMEN, ACTUARIES, PSYCHOLOGISTS, SOCIAL OR
PHYSICAL SCIENTISTS, AND PERFORMING ARTISTS.
(3) IN THE CASE OF A PLAN ESTABLISHED AND MAINTAINED BY MORE THAN ONE
PRFESSIONAL SERVICE EMPLOYER, THE PLAN SHALL NOT BE TREATED AS A PLAN
DESCRIBED IN SUBSECTION (B)(13), IF AT ANT TIME AFTER THE DATE OF
ENACTMENT OF THIS ACT THE PLAN HAS MOR THAN 25 ACTIVE PARTICIPANTS.
SEC. 4022. (A) SUBJECT TO THE LIMITATIONS CONTAINED IN SUBSECTION
(B), THE CORPORATION SHALL GUARANTEE THE PAYMENT OF ALL NONFORFEITABLE
BENEFITS (OTHER THAN BENEFITS BECOMING NONFORFEITABLE SOLELY ON ACCOUNT
OF THE TERMINATION OF A PLAN) UNDER THE TERMS OF A PLAN WHICH TERMINATES
AT A TIME WHEN SECTION 4021 APPLIES TO IT.
(B)(1) EXCEPT TO THE EXTENT PROVIDED IN PARAGRAPH (8)--'
(A) NO BENEFITS PROVIDED BY A PLAN WHICH HAS BEEN IN EFFECT FOR
LESS THAN 60 MONTHS AT THE TIME THE PLAN TERMINATES SHALL BE
GUARANTEED UNDER THIS SECTION, AND
(B) ANY INCREASE IN THE AMOUNT OF BENEFITS UNDER A PLAN
RESULTING FROMA PLAN AMENDMENT WHICH WAS MADE, OR BECAME
EFFECTIVE, WHICHEVER IS LATER, WITHIN 60 MONTHS BEFORE THE DATE ON
WHICH THE PLAN TERMINATES SHALL BE DISREGARDED.
(2) FOR PURPOSES OF THIS SUBSECTION, THE TIME A SUCCESSOR PLAN
(WITHIN THE MEANING OF SECTION 4021(A)) HAS BEEN IN EFFECT INCLUDES THE
TIME PREVIOUSLY ESTABLISHED PLAN (WITHIN THE MEANING OF SECTION 4021(
A)) WAS IN EFFECT. FOR PURPOSES OF DETERMINING WHAT BENEFITS ARE
GUARANTEED UNDER THIS SECTION IN THE CASE OF A PLAN TO WHICH SECTION
4021 DOES NOT APPLY ON THE DAY AFTER THE DATE OF ENACTMENT OF THIS ACT,
THE 60 MONTH PERIOD REFERRED TO IN PARAGRAPH (1) SHALL BE COMPUTED
BEGINNING ON THE FIRST DATE ON WHICH SUCH SECTION DOES NOT APPLY TO THE
PLAN.
(3) THE AMOUNT OF MONTHLY BENEFITS DESCRIBED IN SUBSECTION (A)
PROVIDED BY A PLAN, WHICH ARE GUARANTEED UNDER THIS SECTION WITH RESPECT
TO A PARTICIPANT, SHALL NOT HAVE AN ACTURIAL VALUE WHICH EXCEEDS THE
ACTURIAL VALUE OF A MONTHLY BENEFIT IN THE FORM OF A LIFE ANNUITY
COMMENCING AT AGE 65 EQUAL TO THE LESSER OF --'
(A) HIS AVERAGE MONTHLY GROSS INCOME FROM HIS EMPLOYER DURING
THE 5 CONSECUTIVE CALENDAR YEAR PERIOD (OR, IF LESS, DURING THE
NUMBER OF CALENDAR YEARS IN SUCH PERIOD IN WHICH HE ACTIVELY
PARTICIPATE IN THE PLAN) DURING WHICH HIS GROSS INCOME FROM THAT
EMPLOYER WAS GREATER THAN DURING ANY OTHER SUCH PERIOD WITH THAT
EMPLOYER DETERMINED BY DIVIDING 1/12 OF THE SUM OF ALL SUCH GROSS
INCOME BY THE NUMBER OF SUCH CALENDAR YEARS IN EHICH HE HAD SUCH
GROSS INCOME, OR
(B) $750 MULTIPLIED BY A FRACTION, THE NUMERATOR OF WHICH IS
THE CONTRIBUTION AND BENFEFIT BASE (DETERMINED UNDER SECTION 230
OF THE SOCIAL SECURITY ACT) //42 USC 1305.// IN EFFECT AT THE TIME
THE PLAN TERMINATES AND THE DENOMINATER OF WHICH IS SUCH
CONTRIBUTION AND BENEFIT BASE IN EFFECT IN CALENDAR YEAR 1974.
THE PROVISIONS OF THIS PARAGRAPH DO NOT APPLY TO NON-BASIC BENEFITS.
(4)(A) THE ACTURIAL VALUE OF A BENEFIT, FOR PURPOSES OF THIS
SUBSECTION, SHALL BE BE DETERMINED IN ACCORDANCE WITH REGULATION
PRESCRIBED BY THE CORPORATION.
(B) FOR PURPOSES OF PARAGRAPH (3)--'
(I) THE TERM "GROSS INCOME" MENAS "EARNED INCOME" WITHIN THE
MEANING OF SECTION 911(B) OF THE INTERNAL REVENUE CODE OF 1954
//29 USC 911.// (DETERMINED WITHOUT REGARD TO ANY COMMUNITY
PROPERTY LAWS),
(II) IN THE CASE OF A PARTICIPANT IN A PLAN UNDER WHICH
CONTRIBUTIONS ARE MADE BY MORE THAN ONE EMPLOYER, AMOUNTS RECEIVED
AS GROSS INCOME FROM ANY EMPLOYER UNDER THAT PLAN SHALL BE
AGGREGATED WITH AMOUNTS RECEIVED FROM ANY OTHER EMPLOYER UNDER
THAT PLAN DURING THE SAME PERIOD, AND
(III) ANY NON-BASIC BENEFIT SHALL BE DISREGARDED.
(5) NOTWITHSTANDING PARAGRAPH (3), NO PERSON SHALL RECIEVE FROM THE
CORPORATION FOR BASIC BENEFITS WITH RESPECT TO A PARTICIPANT AN AMOUNT,
OR AMOUNTS, WITH AN ACTURIAL VALUE WHICH EXCEEDS A MONTHLY BENEFIT IN
THE FORM OF A LIFE ANNUITY COMMENCING AT AGE 65 EQUAL TO THE AMOUNT
DETERMINED UNDER PARAGRAPH (3)(B) AT THE TIME OF THE LAST PLAN
TERMINATION.
(6)(A) FOR PURPOSES OF THIS TITLE, THE TERM "SUBSTANTIAL OWNER" MEANS
AN INDIVIDUAL WHO--'
(I) OWNS THE ENTIRE INTEREST IN AN UNINCORPORATED TRADE OR
BUSINESS,
(II) IN THE CASE OF A PARTNERSHIP, IS A PARTNER WHO OWNS,
DIRECTLY OR INDIRECTLY, MORE THAN 10 PERCENT OF EITHER THE CAPITAL
INTEREST OR THE PROFITS INTEREST IN SUCH PARTNERSHIP, OR
(III) IN THE CASE OF A CORPORATION, OWNS, DIRECTLY OR
INDIRECTLY, MORE THAN 10 PERCENT IN VALUE OF EITHER THE VOTING
STOCK OF THAT CORPORATION OR ALL THE STOCK OF THAT CORPORATION.
FOR PURPOSES OF CLAUSE (III) THE CONSTRUCTIVE OWNERSHIP RULES OF SECTION
1563(E) OF THE INTERNAL REVENUE CODE OF 1954 //29 USC 1563.// SHALL
APPLY (DETERMINED WITHOUT REGARD TO SECTION 1563(E)(3)(C)). FOR
PURPOSES OF THIS TITLE AN INDIVIDUAL IS ALSO TREATED AS A SUBSTANTIAL
OWNER WITH RESPECT TO A PLAN IF, AT ANY TIME WITHIN THE 60 MONTHS
PRECEDING THE DATE ON WHICH THE DETERMINATION IS MADE, HE WAS A
SUBSTANTIAL OWNER UNDER THE PLAN.
(B) IN THE CASE OF A PARTICIPANT IN A PLAN UNDER WHICH BENEFITS HAVE
NOT BEEN INCREASED BY REASON OF ANY PLAN AMENDMENTS AND WHO IS COVERED
BY THE PLAN AS A SUBSTANTIAL OWNER, THE AMOUNT OF BENEFITS GUARANTEED
UNDER THIS SECTION SHALL NOT EXCEED THE PRODUCT OF--'
(I) A FRACTION (NOT TO EXCEED 1) THE NUMERATOR OF WHICH IS THE
NUMBER OF YEARS THE SUBSTANTIAL OWNER WAS AN ACTIVE PARTICIPANT IN
THE PLAN, AND THE DENOMINATOR OF WHICH IS 30, AND
(II) THE AMOUNT OF THE SUBSTANTIAL OWNER'S MONTHLY BENEFITS
GUARANTEED UNDER SUBSECTION (A) (AS LIMITED UNDER PARAGRAPH (3) OF
THIS SUBSECTION).
(C) IN THE CASE OF A PARTICIPANT IN A PLAN, OTHER THAN A PLAN
DESCRIBED IN SUBPARAGRAPH (B), WHI IS COVERED BY THE PLAN AS A
SUBSTATNIAL OWNER, THE AMOUNT OF THE BENEFIT GUARANTEED UNDER THIS
SECTION SHALL, UNDER REGULATIONS PRESCRIBED BY THE CORPORATION, TREAT
EACH BENEFIT INCREASE ATTRIBUTABLE TO A PLAN AMENDMENT AS IF IT WERE
PROVIDED UNDER A NEW PLAN. THE BENEFITS GUARANTEED UNDER THIS SECTION
WITH RESPECT TO ALL SUCH AMENDMENTS SHALL NOT EXCEED THE AMOUNT WHICH
WOULD BE DETERMINED UNDER SYBPARAGRAPH (B) IF WUBPARAGRAPH (B) APPLIED.
(7)(A) NO BENEFITS ACCRUED UNDER A PLAN AFTER THE DATE ON WHICH THE
SECRETARY OF THE TREASURY ISSUES NOTICE THAT HE HAS DETERMINED THAT ANY
TRUST WHICH IS A PART OF A PLAN DOES NOT MEET THE REQUIREMENTS OF
SECTION 401(A) OF THE INTERNAL REVENUE CODE OF 1954, //26 USC 401.// OR
THAT THE PLAN DOES NOT MEET THE REQUIREMENTS OF SECTION 404(A)(2) OF
SUCH CODE, //26 USC 404.// ARE GUARANTEED UNDER THIS SECTION UNLESS SUCH
DETERMINATION IS ERRONEOUS. THIS SUBPARAGRAPH DOES NOT APPLY IF THE
SECRETAYR SUBSEQUENTLY ISSUES A NOTIVE THAT SUCH TRUST MEETS THE
REQUIREMTNS OF SECTION 401(A) OF SUCH CODE OR THAT THE PLAN MEETS THE
REQUIREMTNS OF SECTION 404 (A)(2) OF SUCH CODE AND IF THE SECRETARY
DETERMINES THAT THE TRUST OR PLAN HAS TAKEN ACTION NECESSARY TO MEET
SUCH REQUIREMTNS DRUING THE PERIOD BETWEEN THE ISSUANCE OF THE NOTICE
REFERRED TO IN THE PRECEDING SENTENCE AND THE ISSUANCE OF THE NOTICE
REFERRED TO IN THIS SENTENCE.
(B) NO BENEFITS ACCRUED UNDER A PLAN AFTER THE DATE ON WHICH AN
AMENDMENT OF THE PLAN IS ADOPTED WHICH CAUSES THE SECRETARY OF THE
TREASURY TO DETERMINE THAT ANY TRUST UNDER THE PLAN HAS CEASED TO MEET
THE REQUIREMENTS OF SECTION 401(A) OF THE INTERNAL REVENUE CODE OF 1954
OR THAT THE PLAN HAS CEASED TO MEET THE REQUIREMENTS OF SECTION 404(A)(
2) OF SUCH CODE, ARE GUARANTEED UNDER THIS SECTION UNLESS SUCH
DETERMINATION IS ERRONEOUS. THIS SUBPARAGRAPH SHALL NOT APPLY IF THE
AMENDMENT IS REVOKED AS OF THE DATE IT WAS FIRST EFFECTIVE OR AMENDED
COMPLY WITH SUCH REQUIREMENTS.
(8) BENEFITS DESCRIBED IN PARAGRAPH (1) ARE GUARNATEED ONLY TO THE
EXTENT OF THE GREATER OF--'
(A) 20 PERCENT OF THE AMOUNT WHICH, BUT FOR THE FACT THAT THE
PLAN OR AMENDMENT HAS NOT BEEN IN EFFECT FOR 60 MONTHS OR MORE,
WOULD BE GUARANTEED UNDER THIS SECTION, OR
(B) $20 PER MONTH,
MULTIPLIED BY THE NUMBER OF YEARS (BUT NOT MORE THAN 5) THE PLAN OR
AMENDMENT, AS THE CASE MAY BE, HAS BEEN IN EFFECT. IN DETERMINING HOW
MANY YEARS A PLAN OR AMENDMENT HAS BEEN IN EFFECT FOR PURPOSES OF THIS
PARAGRAPH, THE FIRST 12 MONTHS FOLLOWING THE DATE ON WHICH THE PLAN OR
AMENDMENT IS MADE OR FIRST BECOMES EFFECTIVE (WHICHEVER IS LATER)
CONSTITUTES ONE YEAR, AND EACH CONSECUTIVE PERIOD OF 12 MONTHS
THEREAFTER CONSTITUTES AN ADDITIONAL YEAR. THIS PARAGRAPH DOES NOT
APPLY TO BENEFITS PAYABLE UNDER A PLAN UNLESS THE CORPORATION FINDS
SUBSTANTIAL EVIDENCE THAT THE PLAN WAS TERMINATED FOR A REASONABLE
BUSINESS PURPOSE AND NOT FOR THE PURPOSE OF PBTAINING THE PAYMENT OF
BENEFITS BY THE CORPORATION UNDER THIS TITLE.
(C) THE CORPORATION IS AUTHORIZED TO GUARANTEE THE PAYMENT OF SUCH
OTHER CLASSES OF BENEFITS AND TO ESTABLISH THE TERMS AND CONDITIONS
UNDER WHICH SUCH OTHER CLASSES OF BENEFITS ARE GUARANTEED AS IT
DETERMINES TO BE APPROPRIATE.
SEC. 4023. (A) THE CORPORATION SHALL INSURE ANY EMPLOYER WHO
MAINTAINS OR CONTRIBUTES TO OR UNDER A PLAN TO WHICH SECTION 4021
//ANTE, P. 1014.// APPLIES AGAINST THE PAYMENT OF ANY LIABILTY IMPOSED
ON HIM UNDER SUBTITLE D //POST, P. 1029.// OF THIS TITLE IN THE EVENT OF
A TERMINATION OF THAT PLAN. THE CORPORATION MAY DEVELOP ARRANGEMENTS
WITH PERSONS ENGAGED IN THE BUSINESS OF PROVIDING INSURANCE UNDER WHICH
THE INSURANCE COVERAGE DESCRIBED IN THE PRECEDING SENTENCE COULD BE
PROVIDED IN WHILE OR IN PART BY SUVH PRIVATE INSURERS. IN DEVELOPING
SUCH ARRANGEMENTS THE CORPORATION SHALL DEVISE A SYSTEN UNDER WHICH
RISKS ARE EQUIABLY DISTRIBUTED BETWEEN THE CORPORATION AND PRIVATE
INSURERS WITH RESPECT TO THE CLASSES OF EMPLOYERS INSURED BY EACH.
(B) THE CORPORATION IS AUTHORIZED TO PRESCRIBE AND COLLECT IN SUCH
MANNER AS IT DETERMINES TO BE APPROPRIATE PREMIUMS FOR INSURANCE OFFERED
UNDER SUBSECTION (A). IF THE CORPORATIO REQUIRES ALL EMPLOYERS TO WHICH
THIS TITLE APPLIES TO PURCHASE COVERAGE INDER THIS SECTION, THE
PROVISIONS OF SECTION 4007 (B) AND (C) //ANTE, P. 1013.// APPLY TO THE
COLLECTION OF PREMIUMS UNDER THIS SECTIOMN.. THE PREMIUMS SHALL BE
DETERMINE BY THE CORPORATION AND REVISED BY IT FROM TIME TO TIME AS MAY
BE NECESSARY, AND SHALL BE CHARAGABLE AT A RATE SUFFICIENT TO FUND ANY
PAYMENT BY THE CORPORATION BECOMING NECESSARY SUCH COVERAGE.
(C) IF THE CORPORATION IS, IN ITS DETERMINATION, ABLE TO DEVELOP A
SATISFACTORY AGREEMENT WITH PRIVATE INSURERS, WITHIN 36 MONTHS AFTER THE
DATE OF ENACTMENT OF THIS ACT, TO CARRY OUT THE PROGRAM OF INSURANCE
AUTHORIZED TO REQUIRE EMPLOYERS TO ELECT COVERAGE BY SUCH PRIVATE
INSURANCE OR BY THE CORPORATION AT SUCH TIMES AND IN SUCH MANNER AS THE
CORPORATION DETERMINES NECESSARY.
(D) NO PAYMENT MAY BE MADE BY THE CORPORATION UNDER ANY INSURANCE
PROVIDED BY IT UNDER THIS SECTION UNLESS THE PREMIUMS ON SUCH INSURANCE
HAVE BEEN PAID BY THE EMPLOYER AND THE INSURANCE HAS BEEN IN EFFECT
(WITH RESPECT TO ANY BENEFIT) FOR MORE THAN 60 MONTHS. THE CORPORATION
IS AUTHORIZED TO PRESCRIBE CONDITIONS UNDER WHICH NO PAYMENT WILL BE
MADE TO WHETHER PREMIUMS FOR SUCH INSURANCE HAVE BEEN PAID.
(E) NOTHING IN THIS SECTION PRECLUDES THE PURCHASE BY THE EMPLOYER OF
INSURANCE FROM ANY OTHER PERSON, OR LIMITS THE CIRCUMSTANCES UNDER WHICH
THAT INSURANCE IS PAYABLE, OR IN ANY WAY LIMITS THE TERMS AND CONDITIONS
OF SUCH INSURANCE, EXCEPT THAT THE CORPORATION MAY PRESCRIBE AS A
CONDITION PRECEDENT TO THE PURCHASE OF SUCH INSURANCE THE PAYMENT OF A
REINSURANCE PREMIUM OR OTHER REASONABLE FEE UNDER THIS SECTION
DETERMINED BY THE CORPORATION TO BE NECESSARY TO ASSURE THE LIQUIDITY
AND ADEQUACY OF ANY FUND OR FUNDS ESTABLISHED TO CARRY OUT THE
PROVISIONS OF THIS SECTION.
(F) IN CARRYING OUT ITS DUTIES UNDER SUBSECTION (A) TO DEVELOP
ARRANGEMENTS WITH PRIVATE INSURERS THE CORPORATION SHALL CONSIDER AS AN
ALTERNATIVE OR AS A SUPPLEMENT TO PRIVATE INSURANCE THE FEASIBILITY OF
USING PRIVATE INDUSTRY GUARANTEES, INDEMNITIES, OR LETTERS OF CREDITS.
SEC. 4041. (A) BEFORE THE EFFECTIVE DATE OF THE TERMINATION OF A
PLAN, THE PLAN ADMINISTRATOR SHALL FILE A NOTICE WITH THE CORPORATION
THAT THE PLAN IS TO BE TERMINATED ON A PROPOSED DATE (WHICH MAY NOT BE
EARLIER THAN 10 DAYS AFTER THE FILING OF THE NOTICE), AND FOR A PERIOD
OF 90 DAYS AFTER THE PROPSED TERMINATION DATE THE PLAN ADMINISTRATOR
SHALL PAY NO AMOUNT PURSUANT TO THE TERMINATION PROCEDURE OF THE PLAN
UNLESS, BEFORE THE EXPIRATION OF SUCH PERIOD, HE RECEIVES A NOTICE, THE
PLAN ADMINISTRATOR MAY PROCEED WITH THE TERMINATION OF THE PLAN IN A
MANNER CONSISTENT WITH THIS SUBTITLE.
(B) IF THE CORPORATION DETERMINES THAT, AFTER APPLICATION OF SECTION
4044, THE ASSETS HELD UNDER THE PLAN ARE SUFFICIENT TO DISCHARGE WHEN
DUE ALL OBLIGATIONS OF THE PLAN WITH RESPECT TO BASIC BENEFITS, IT SHALL
NOTIFY THE PLAN ADMINISTRATOROF SUCH DETERMINATION AS SOON AS
PRACTICABLE.
(C) IF, WITHIN SUCH 90-DAY PERIOD, THE CORPORATION FINDS THAT IT IS
UNABLE TO DETERMINE THAT, IF THE ASSETS OF THE PLAN ARE ALLOCATED IN
ACCORDANCE WITH THE PROVISIONS OF SECTION 4044, //POST, P. 1025.// THE
ASSETS HELD UNDER THE PLAN ARE SUFFICIENT TO DISCHARGE WHEN DUE ALL
OBLIGATION OF THE PLAN WITH RESPECT TO BASIC BENEFITS, IT SHALL NOTIFY
THE PLAN ADMINISTRATOR WITH SUCH 90-DAY PERIOD OF THAT FINDING. WHEN
THE CORPORATON ISSUES A NOTICE UNDER THEIS SUBSECTION, IT SHALL COMMENCE
PROCEEDINGS IN ACCORDANCE WITH THE PROVISIONS OF SECTION 4042. //POST,
P. 1021.// UPON RECEIVING A NOTICE UNDER THIS SUBSECTION, THE PLAN
ADMINISTRATOR SHALL REFRAIN FROM TAKING ANY ACTION UNDER THE PROPSED
TERMINATION.
(D) THE CORPORATION AND THE PLAN ADMINISTRATOR MAY AGREE TO EXTEND
THE 90-DAY PERIOD PROVIDED BY THIS SECTION BY A WRITTEN AGREEMENT SIGNED
BY THE CORPORATION AND THE PLAN ADMINISTRATOR BEFORE THE EXPIRATION OF
THE 90-DAY PERIOD, OR THE CORPORATION MAY APPLY TO AN APPROPRIATE COURT
(AS DEFINED IN SECTION 4042(G)) //POST, P. 1023.// FOR AN ORDER
EXTENDING THE 90-DAY PERIOD PROVIDED BY THIS SECTION. THE 90-DAY PERIOD
SHALL BE EXTENDED AS PROVIDED IN THE AGREEMENT OR IN ANY COURT ORDER
OBTAINED BY THE CORPORATION. THE 90-DAY PERIOD MAY BE FURTHER EXTENDED
BY SUBSEQUENT WRITTEN AGREEMENTS SIGNED BY THE CORPORATION AND THE PLAN
ADMINISTRATOR MADE BEFORE THE EXPIRATION OF A PREVIOUSLY AGREED UPON
EXTENSION OF THE 90-DAY PERIOD, OR BY SUBSEQUENT ORDER OF THE COURT.
ANY EXTENSION MAY BE MADE UPON SUCH TERMS AND CONDITIONS (INCLUDING THE
PAYMENT OF BENEFITS) AS ARE AGREED UPON BY THE CORPORATION AND THE PLAN
ADMINISTRATOR OR AS SPECIFIED IN THE COURT ORDER.
(E) IF, AFTER THE PLAN ADMINISTRATOR HAS BEGUN TO TERMINATE THE PLAN
AS AUTHORIZED BY THIS SECTION, THE CORPORATION OR THE PLAN ADMINISTRATOR
FINDS THAT THE PLAN IS UNABLE, OR WILL BE UNABLE, TO PAY BASIC BENEFITS
WHEN DUE, THE PLAN ADMINISTRATOR SHALL NOTIFY THE CORPORATION OF SUCH
FINDING AS SOON AS PRACTICABLE THEREAFTER. IF THE CORPORATION MAKES
SUCH A FINDING OR CONCURS WITH THE FINDING OF THE PLAN ADMINISTRATOR, IT
SHALL INSTITUTE APPROPRIATE PROCEEDINGS UNDER SECTION 4042. THE PLAN
ADMINISTRATOR TERMINATING A PLAN SHALL FURNISH SUCH REPORTS TO THE
CORPORATION AS IT MAY REQUIRE FOR PURPOSES OF ITS DUTIES UNDER THIS
SECTION.
(F) FOR PURPOSES OF SUBSECTION (A), A PLAN WITH RESPECT TO WHICH
BASIC BENEFITS ARE GUARANTEED SHALL BE TREATED AS TERMINATED UPON THE
ADOPTION OF AN AMENDMENT TO SUCH PLAN, IF, AFTER GIVING EFFECT TO SUCH
AMENDMENT, THE PLAN IS A PLAN DESCRIBED IN SECTION 4021(B)(1). //ANTE,
P. 1015.//
(G) NOTWITHSTANDING ANY OTHER PROVISION OF THIS TITLE, A PLAN
ADMINISTRATOR OR THE CORPORATION MAY PETITION THE APPROPRIATE COURT FOR
THE APPOINTMENT OF A TRUSTEE IN ACCORDANCE WITH THE PROVISIONS OF
SECTION 4042 IF THE INTERESTS OF THE PARTICIPANTS AND BENEFICIARIES
WOULD BE BETTER SERVED BY THE APPOINTMENT OF THE TRUSTEE.
SEC. 4042. (A) THE CORPORATION MAY INSTITUTE PROCEEDINGS UNDER THIS
SECTION TO TERMINATE A PLAN WHENEVER IT DETERMINES THAT--'
(1) THE PLAN HAS NOT MET THE MINIMUM FUNDING STANDARD REQUIRED
UNDER SECTION 412 OF THE INTERNAL REVENUE CODE OF 1954, //ANTE, P.
914.// OR HAS BEEN NOTIFIED BY THE SECRETARY OF THE TREASURY THAT
A NOTICE OF DEFICIENCY UNDER SECTION 6212 OF SUCH CODE //25 USC
6212.// HAS BEEN MAILED WITH RESPECT TO THE TAX IMPOSED UNDER
SECTION 4971(A) OF SUCH CODE, //ANTE, P. 920.//
(2) THE PLAN IS UNABLE TO PAY BENEFITS WHEN DUE,
(3) THE REPORTABLE EVENT DESCRIBED IN SECTION 4043(B)(7)
//POST, P. 1024.// HAS OCCURED, OR
(4) THE POSSIBLE LONG-RUN LOSS OF THE CORPORATION WITH RESPECT
TO THE PLAN MAY BE REASONABLY BE EXPECTED TO INCREASE UNREASONABLY
IF THE PLAN IS NOT TERMINATED.
THE CORPORATION MAY PRESCRIBE A SIMPLIFIED PROCEDURE TO FOLLOW IN
TERMINATING SMALL PLANS AS LONG AS THAT PROCEDURE INCLUDES SUBSTANTIAL
SAFEGUARDS FOR THE RIGHTS OF THE PARTICIPANTS AND BENEFICIARIES UNDER
THE PLANS, AND FOR THE EMPLOYERS WHO MAINTAIN SUCH PLANS (INCLUDING THE
REQUIREMENT FOR A COURT DECREE UNDER SUBSECTION (C)). THE CORPORATION
IS AUTHORIZED TO POOL THE ASSETS OF SUCH SMALL PLANS FOR PURPOSES OF
ADMINISTRATION AND SUCH OTHER PURPOSES, NOT INCONSISTENT WITH ITS DUTIES
TO THE PLAN PARTICIPANTS AND THE EMPLOYER MAINTAINING THE PLAN UNDER
THIS TITLE, AS IT DETERMINES TO BE REQUIRED FOR THE EFFICIENT
ADMINISTRATION OF THIS TITLE.
(B) WHENEVER THE CORPORATION MAKES A DETERMINATION UNDER SUBSECTION
(A) WITH RESPECT TO A PLAN IT MAY, UPON NOTICE TO THE PLAN, APPLY TO THE
APPROPRIATE UNITED STATES DISTRICT COURT FOR THE APPOINTMENT OF A
TRUSTEE TO ADMINISTER THE PLAN WITH RESPECT TO WHICH THE DETERMINATION
IS MADE PENDING THE ISSUANCE OF A DECREE INDER SUBSECTION (C) ORDERING
THE TERMINATION OF THE PLAN. IF WITHIN 3 BUSINESS DAYS AFTER THE FILING
OF AN APPLICATION UNDER THIS SUBSECTION, OR SUCH OTHER PERIOD AS THE
COURT MAY ORDER, THE ADMINISTRATOR OF THE PLAN CONSENTS TO THE
APPOINTMENT OF A TRUSTEE, OR FAILS TO SHOW WHY A TRUSTEE SHOULD NOT BE
APPOINTED, THE COURT MAY GRANT THE APPLICATION AND APPOINT A TRUSTEE TO
ADMINISTER THE PLAN IN ACCORDANCE WITH ITS TERMS UNTIL THE CORPORATION
DETERMINES THAT THE PLAN SHOULD BE TERMINATED OR THAT TERMINATION IS
UNNECESSARY. THE CORPORATION MAY REQUEST THAT IT BE APPOINTED AS
TRUSTEE OF A PLAN IN ANY CASE.
(C) IF THE CORPORATION HAS ISSUED A NOTICE UNDER THIS SECTION TO A
PLAN ADMINISTRATOR AND (WHETHER OR NOT A TRUSTEE HAS BEEN APPOINTED
UNDER SUBSECTION (B)) HAS DETERMINED THAT THE PLAN SHOULD BE TERMINATED,
IT MAY, UPON NOTICE TO THE PLAN ADMINISTRATOR, APPLY TO THE APPROPRIATE
UNITED STATES DISTRICT COURT FOR A DECREE ADJUDICATING THAT THE PLAN
MUST BE TERMINATED IN ORDER TO PROTECT THE INTERESTS OF THE PARTICIPANTS
AND TO AVIOD ANY FURTHER DETERIORATION OF THE FINANCIAL CONDITION OF THE
PLAN OR ANY FURHTER INCREASE IN THE LIABILITY OF THE FUND. IF THE
TRUSTEE APPOINTED UNDER SUBSECTION (B) DISAGREES WITH THE DETERMINATION
OF THE CORPORATION UNDER THE PRECEDING SENTENCE HE MAY INTERVENE IN THE
PROCEEDING RELATING TO THE APPLICATION FOR THE DECREE, OR AMKE
APPLICATION FOR DECREE HIMSELF. UPON GRANTING A DECREE FOR WHICH THE
CORPORATION OR TRUSTEE HAS APPLIED UNDER THIS SUBSECTION THE COURT SHALL
AUTHORIZE THE TRUSTEE APPOINTED UNDER SUBSECTION (B) (OR APPOINT A
TRUSTEE IF ONE HAS NOT BEEN APPOINTED UNDER SUCH SUBSECTION AND
AUTHORIZE HIM) TO TERMINATE THE PLAN IN ACCORDANCE WITH THE PROVISIONS
OF THIS SUBTITLE. IF THE CORPORATION AND THE PLAN ADMINISTRATOR AGREE
THAT A PLAN SHOULD BE TERMINATED AND AGREE TO THE APPOINTMENT OF A
TRUSTEE WITHOUT PROCEEDING IN ACCORDANCE WITH THE REQUIREMENTS OF THE
SUBSECTION (OTHER THAN THIS SENTENCE) THE TRUSTEE SHALL HAVE THE POWER
DESCRIBED IN SUBSECTION (D)(1) AND, IN ADDITION TO ANY OTHER DUTIES
IMPOSED ON THE TRUSTEE UNDER LAW OR BY AGREEMENT BETWEEN THE CORPORATION
AND THE PLAN ADMINISTRATOR, THE TRUSTEE IS SUBJECT TO THE DUTIES
DESCRIBED IN SUBSECTION (D)(3). WHENEVER A TRUSTEE APPOINTED UNDER THIS
TITLE IS OPERATING A PLAN WITH DISCRETION AS TO THE DATE UPON WHICH
FINAL DISTRIBUTION OF THE ASSETS IS TO BE COMMENCED, THE TRUSTEE SHALL
NOTIFY THE CORPORATION AT LEAST 10 DAYS BEFORE THE DATE ON WHICH HE
PROPSES TO COMMERCE SUCH DISTRIBUTION.
(D)(1)(A) A TRUSTEE APPOINTED UNDER SUBSECTION (B) SHALL HAVE THE
POWER--'
(I) TO DO ANY ACT AUTHORIZED BY THE PLAN OR THIS TITLE TO BE
DONE BY THE PLAN ADMINISTRATOR OR ANY TRUSTEE OF THE PLAN;
(II) TO REQUIRE THE TRANSFER OF ALL (OR ANY PART) OF THE ASSETS
AND RECORDS OF THE PLAN TO HIMSELF AS TRUSTEE;
(III) TO INVEST ANY ASSETS OF THE PLAN WHICH HE HOLDS IN
ACCORDANCE WITH THE PROVISIONS OF THE PLAN, REGULATIONS OF THE
CORPORATION, AND APPLICALBE RULES OF LAW;
(IV) TO LIMIT PAYMENT OF BENEFITS UNDER THE PLAN TO BASIC
BENEFITS OR TO CONTINUE PAYMENT OF SOME OR ALL OF THE BENEFITS
WHICH WERE BEING PAID PRIOR TO HIS APPOINTMENT; AND
(V) TO DO SUCH OTHER ACTS AS HE DEEMS NECESSARY TO CONTINUE
OPERATION OF THE PLAN WITHOUT INCREASING THE POTENTIAL LIABILITY
OF THE CORPORATIO, IF SUCH ACTS MAY BE DONE UNDER THE PROVISIONS
OF THE PLAN.
IF THE COURT TO WHICH APPLICATION IS MADE UNDER SUBSECTION (C) DISMISSES
THE APPLICATION WITH PREJUDICE, OR IF THE CORPORATION FAILS TO APPLY FOR
A DECREE UNDER SUBSECTION (C) WITHIN 30 DAYS AFTER THE DATE ON WHICH THE
TRUSTEE IS APPOINTED UNDER SUBSECTION (B), THE TRUSTEE SHALL TRANSFER
ALL ASSETS AND RECORDS OF THE PLAN HELD BY HIM TO THE PLAN ADMINISTRATOR
WITHIN 3 BUSINESS DAYS AFTER SUCH DISMISSAL OR THE EXPIRATION OF SUCH
30-DAY PERIOD, AND SHALL NOT BE LIABLE TO THE PLAN OR ANY OTHER PERSON
FOR HIS ACTS AS TRUSTEE EXCEPT FOR WILLFUL MISCONDICT, OR FOR CONDUCT IN
VIOLATION OF THE PROVISIONS OF PART 4 OF SUBTITLE B OF TITLE I OF THIS
ACT //ANTE, P. 874.// (EXCEPT AS PROVIDED IN SUBSECTION (D)(1)(A) (V)).
THE 30-DAY PERIOD REFERRED TO IN THIS SUBPARAGRAPH MAY BE EXTENDED AS
PROVIDED BY AGREEMENT BETWEEN THE PLAN ADMINISTRATOR AND THE CORPORATION
OR BY COURT ORDER OBTAINED BY THE CORPORATION.
(B) IF THE COURT TO WHICH AN APPLICATION IS MADE UNDER SUBSECTION (C)
ISSUES THE DECREE REQUESTED IN SUCH APPLICATION, IN ADDITION TO THE
POWERS DESCRIBED IN SUBPARAGRAPH (A), THE TRUSTEE SHALL HAVE THE
POWER--'
(I) TO PAY BENEFITS UNDER THE PLAN IN ACCORDANCE WITH THE
ALLOCATION REQUIREMENTS OF SECTION 4044; //POST, P. 1025.//
(II) TO COLLECT FOR THE PLAN ANY AMOUNTS DUE THE PLAN;
(III) TO RECEIVE ANY PAYMENT MADE BY THE CORPORATION TO THE
PLAN UNDER THIS TITLE;
(IV) TO COMMENCE, PROSECUTE, OR DEFEND ON BEHALF OF THE PLAN
ANY SUIT OR PROCEEDING INVOLVING THE PLAN, EXCEPT TO THE EXTENT
THAT THE CORPORATION IS AN ADVERSE PARTY IN A SUIT OR PROCEEDING;
(V) TO ISSUE, PUBLISH, OR FILE SUCH NOTICES, STATEMENTS, AND
REPORTS AS MAY BE REQUIRED BY THE CORPORATION OR ANY ORDER OF THE
COURT;
(VI) TO LIQUIDATE THE PLAN ASSETS;
(VII) TO RECOVER PAYMENTS UNDER SECTION 4045(A), //POST, P.
1027.// AND
(VIII) TO DO SUCH OTHER ACTS AS MAY BE NECESSARY TO COMPLY WITH
THIS TITLE OR ANY ORDER OF THE COURT AND TO PROTECT THE INTERESTS
OF PLAN PARTICIPANTS AND BENEFICIARIES.
(2) AS SOON AS PRACTICABLE AFTER HIS APPOINTMENT, THE TRUSTEE SHALL
GIVE NOTICE TO INTERESTED PARTIES OF THE INSTITUTION OF PROCEEDINGS
UNDER THIS TITLE TO DETERMINE WHETHER THE PLAN ISHOULD BE TERMINATED OR
TO TERMINATE THE PLAN, WHICHEVER IS APPLICABLE. FOR PURPOSES OF THIS
PARAGRAPH, THE TERM "INTERESTED PARTY" MEANS--'
(A) THE PLAN ADMINISTRATOR,
(B) EACH PARTICIPANT IN THE PLAN AND EACH BENEFICIARY OF A
DECEASED PARTICIPANT, AND
(C) EACH EMPLOYER WHO MAY BESUBJECT TO LIABILITY UNDER SECTION
4062, 4063, OR 4064. //POST, PP. 1029 - 1031.//
(3) EXCEPT TO THE EXTENT INCONSISTENT WITH THE PROVISIONS OF THIS
ACT, OR AS MAY BE OTHERWISE ORDERED BY THE COURT, A TRUSTEE APPOINTED
UNDER THIS SECTION SHALL BE SUBJECT TO THE SAME DUTIES AS A TRUSTEE
APPOINTED UNDER SECTION 47 OF THE BANKRUPTCY ACT, //11 USC 75.// AND
SHALL BE, WITH RESPECT TO THE PLAN, A FIDUCIARY WITHIN THE MEANING OF
PARAGRAPH (21) OF SECTION 3 OF THIS ACT //ANTE, P. 833.// AND UNDER
SECTION 4975(E) OF THE INTERNAL REVENUE CODE OF 1954 //ANTE, P. 971.//
(EXCEPT TO THE EXTENT THAT THE PROVISIONS OF THIS TITLE ARE INCONSISTENT
WITH THE REQUIREMENTS APPLICABLE UNDER PART 4 OF SUBTITLE B OF TITLE I
OF THIS ACT AND OF SUCH SECTION 4975). //ANTE, P. 874.//
(E) AN APPLICATION BY THE CORPORATION UNDER THIS SECTION MAY BE FILED
NOTWITHSTANDING THE PENDENCY IN THE SAME OR ANY OTHER COURT OF ANY
BANKRUPTCY, MORTGAGE FORECLOSURE, OR EQUITY RECEVIERSHIP PROCEEDING, OR
ANY PROCEEDING TO REORGANIZE, CONSERVE, OR LIQUIDATE SUCH PLAN OR ITS
PROPERTY, OR ANY PROCEEDING TO ENFORCE A LIEN AGAINST PROPERTY OF THE
PLAN.
(F) UPON FILING OF AN APPLICATION FOR THE APPOINTMENT OF A TRUSTEE OR
THE ISSUANCE OF A DECREE UNDER THIS SECTIOM, THE COURT TO WHICH AN
APPLICATION IS MADE SHALL HAVE EXCLUSIVE JURISDICTION OF THE PLAN
INVOLVED AND ITS PROPERTY WHEREVER LOCATED WITH THE POWERS, TO THE
EXTENT CONSISTENT WITH THE PURPOSES OF THIS SECTION, OF A COURT OF
BANKRUPTCY AND OF A COURT IN A PROCEEDING UNDER CHAPTER X OF THE
BANKRUPTCY ACT. //11 USC 501.// PENDING AN ADJUDICATION UNDER
SUBSECTION (C) SUCH COURT SHALL STAY, AND UPON APPOINTMENT BY IT OF A
TRUSTEE, AS PROVIDED IN THIS SECTION SUCH COURT SHALL CONTINUE THE STAY
OF, ANY PENDING BANKRUPTCY, MARTGAGE FORECLOSURE, EQUITY RECEIVERSHIP,
OR OTHER PROCEEDING TO REORGANIZE, CONSERVE, OR LIQUIDATE THE PLAN OR
ITS PROPERTY AND ANY OTHER SUIT AGAINST ANY RECEIVER, CONSERVATOR, OR
TRUSTEE OF THE PLAN OR ITS PROPERTY. PENDING SUCH ADJUDICATION AND UPON
THE APPOINTMENT BY IT OF SUCH TRUSTEE, THE COURT MAY STAY ANY PROCEEDING
TO ENFORCE A LIEN AGAINST PROPERTY OF THE PLAN OR ANY OTHER SUIT AGAINST
THE PLAN.
(G) AN ACTION UNDER THIS SUBSECTION MAY BE BROUGHT IN THE JUDICIAL
DISTRICT WHERE THE PLAN ADMINISTRATOR RESIDES OR DOES BUSINESS OR WHERE
ANY ASSET OF THE PLAN IS SITUATED. A DISTRICT COURT IN WHICH SUCH
ACTION IS BROUGHT MAY ISSUE PROCESS WITH RESPECT TO SUCH ACTION IN ANY
OTHER JUDICIAL DISTRICT.
(H)(1) THE AMOUNT OF COMPENSATION PAID TO EACH TRUSTEE APPOINTED
UNDER THE PROVISIONS OF THIS TITLE SHALL REQUIRE THE PRIOR APPROVAL OF
THE CORPORATION, AND, IN THE CASE OF A TRUSTEE APPOINTED BY A COURT, THE
CONSENT OF THAT OCURT.
(2) TRUSTEES SHALL APPOINT, RETAIN, AND COMPENSATE ACCOUNTANTS,
ACTUARIES, AND OTHER PROFESSIOANL SERVICE PERSONNEL IN ACCORDANCE WITH
REGULATIONS PRESCRIBED BY THE CORPORATION.
SEC. 4043. (A) WITHIN 30 DAYS AFTER THE PLAN ADMINISTRATOR KNOWS OR
HAS REASON TO KNOW THAT A REPORTABLE EVENT DESCRIBED IN SUBSECTION (B)
HAS OCCURED, HE SHALL NOTIFY THE CORPORATION THAT SUCH EVENT HAS
OCCURED. THE CORPORATION IS AUTHORIZED TO WAIVE THE REQUIREMENT OF THE
PRECEDING SENTENCE WITH RESPECT TO ANY OR ALL REPORTABLE EVENTS WITH
RESPECT TO ANY PLAN, AND TO REQUIRE THE NOTIFICATION TO BE MADE BY
INCLUDING THE EVENT IN THE ANNUAL REPORT MADE BY THE PLAN. WHENEVER AN
EMPLOYER MAKING CONTRIBUTIONS UNDER A PLAN TO WHICH SECTION 4021 //ANTE,
P. 1014.// APPLIES KNOWS OR HAS REASON TO KNOW THAT A REPORTABLE EVENT
HAS OCCURED HE SHALL NOTIFY THE PLAN ADMINISTRATOR IMMEDIATELY.
(B) FOR PURPOSES OF THIS SECTION A REPORTABLE EVENT OCCURS--,
(1) WHEN THE SECRETARY OF THE TREASURY ISSUES NOTICE THAT A
PLAN HAS CEASED TO BE A PLAN DESCRIBED IN SECTION 4021(A)(2), OR
WHEN THE SECRETARY OF LABOR DETERMINES THE PLAN IS NOT IN
COMPLIANCE WITH TITLE I OF THIS ACT; //ANTE, P. 832.//
(2) WHEN AN AMENDMENT OF THE PLAN IS ADOPTED IF, UNDER THE
AMENDMENT, THE BENEFIT PAYABLE WITH RESPECT TO ANY PARTICIPANT MAY
BE DECREASED;
(3) WHEN THE NUMBER OF ACTIVE PARTICIPANTS IS LESS THAN 80
PERCENT OF THE NUMBER OF SUCH PARTICIPANTS AT THE BEGINNING OF THE
PLAN YEAR, OR IS LESS THAN 75 PERCENT OF THE NUMBER OF SUCH
PARTICIPANTS AT THE BEGINNNING OF THE PREVIOUS PLAN YEAR;
(4) WHEN THE SECRETARY OF THE TREASURY DETERMINES THAT THERE
HAS BEEN A TERMINATION OR PARTIAL TERMINATION OF THE PLAN WITHIN
THE MEANING SECTION 411(D)(3) OF THE INTERNAL REVENUE CODE OF
1954, //ANTE, P. 912.// BUT THE OCCURRENCE OF SUCH A TERMINATION
OR PARTIAL TERMINATION DOES NOT, BY ITSELF, CONSTITUTE OR REQUIRE
A TERMINATION OF A PLAN UNDER THIS TITLE;
(5) WHEN THE PLAN FAILS TOMEET THE MINIMUM FUNDING STANDARDS
UNDER SECTION 412 OF SUCH CODE //ANTE, P. 914.// (WITHOUT REGARD
TO WHETHER THE PLAN IS A PLAN DESCRIBED IN SECTION 4021(A)(2) OF
THIS ACT) //ANTE, P. 1014.// OR UNDER SECTION 302 OF THIS ACT;
//ANTE, P. 869.//
(6) WHEN THE PLAN IS UNABLE TO PAY BENEFITS THEREUNDER WHEN
DUE;
(7) WHEN THERE IS A DISTRIBUTION UNDER THE PLAN TO A
PARTICIPANT WHO IS A SUBSTANTIAL OWNER AS DEFINED IN SECTION
4021(B)(6) //ANTE, P. 1016.// IF--'
(A) SUCH DISTRIBUTION HAS A VALUE OF $10,000 OR MORE;
(B) SUCH DISTRIBUTION IS NOT MADE BY REASON OF THE DEATH OF THE
PARTICIPANT; AND
(C) IMMEDIATELY AFTER THE DISTRIBUTION, THE PLAN HAS
NONFORFEITABLE BENEFITS WHICH ARE NOT FUNDED;
(8) WHEN A PLAN MERGES, CONSOLIDATES, OR TRANSFERS ITS ASSETS
UNDER SECTION 208 OF THIS ACT, //ANTE, P. 865.// OR WHEN AN
ALTERNATIVE METHOD OF COMPLIANCE IS PRESCRIBED BY THE SECRETARY OF
LABOR UNDER SECTION 110 OF THIS ACT; //ANTE, P. 851.// OR
(9) WHEN ANY OTHER EVENT OCCURS WHICH THE CORPORATION
DETERMINES MAY BE INDICATIVE OF A NEED TO TERMINATE THE PLAN.
FOR PURPOSES OF PARAGRAPH (M), ALL DISTRIBUTIONS TO A PARTICIPANT WITHIN
ANY 24-MONTH PERIOD ARE TREATED AS A SINGLE DISTRIBUTION.
(C) THE SECRETARY OF THE TREASURY SHALL NOTIFY THE CORPORATION--'
(1) WHENEVER A REPORTABLE EVENT DESCRIBED IN PARAGRAPH (1),
(4), OR (5) OF SUBSECTION (B) OCCURS, OR
(2) WHENEVER ANY OTHER EVENT OCCURS WHICH THE SECRETARY OF THE
TREASURY BELIEVES INDICATES THAT THE PLAN MAY NOT BE SOUND.
THE SECRETARY OF LABOR SHALL NOTIFY THE CORPORATION--'
(1) HWNEVER A REPORTABLE EVENT DESCRIBED IN PARAGRAPH (1), (5),
OR (8) OF SUBSECTION (B) OCCURS, OR
(2) WHENEVER ANY OTHER EVENT OCCURS WHCIH THE SECRETARY OF
LABOR BELIEVES INDICATES THAT THE PLAN MAY NOT BE SOUND.
SEC. 4044. (A) IN THE CASE OF THE TERMINATION OF A DEFINED BENEFIT
PLAN, THE PLAN ADMINISTRATOR SHALL ALLOCATE THE ASSETS OF THE PLAN
(AVAILABLE TO PROVIDE BENEFITS) AMONG THE PARTICIPANTS AND BENEFICIARIES
OF THE PLAN IN THE FOLLOWING ORDER:
(1) FIRST, TO THAT PORTION OF EACH INDIVIDUAL'S ACCURED BENEFIT
WHICH IS DERIVED FROM THE PARTICIPANT'S CONTRIBUTIONS TO THE PLAN
WHICH WERE NOT MANDATORY CONTRIBUTION.
(2) SECOND, TO THAT PORTION OF EACH INDIVIDUAL'S ACCURED
BENEFIT WHICH IS DERIVED FROM THE PARTICIPANT'S MANDATORY
CONTRIBUTIONS.
(3) THIRD, IN THE CASE OF BENEFITS PAYABLE AS AN ANNUITY--'
(A) IN THE CASE OF THE BENEFIT OF A PARTICIPANT OR BENEFICIARY
WHICH WAS IN PAY STATUS AS OF THE BEGINNING OF THE 3-YEAR PERIOD
ENDING ON THE TERMINATION DATE OF THE PLAN, TO EACH SUCH BENEFIT,
BASED ON THE PROVISIONS OF THE PLAN (AS IN EFFECT DURING THE
5-YEAR PERIOD ENDING ON SUCH DATE) UNDER WHICH SUCH BENEFIT WOULD
BE THE LEAST,
(B) IN THE CASE OF A PARTICIPANT'S OR BENEFICIARY'S BENEFIT
(OTHER THAN A BENEFIT DESCRIBED IN SUBPARAGRAPH (A)) WHICH WOULD
HAVE BEEN IN PAY STATUS AS OF THE BEGINNING OF SUCH 3-YEAR PERIOD
IF THE PARTICIPANT HAD RETIRED PRIOR TO THE BEGINNING OF THE
3-YEAR PERIOD AND IF HIS BENEFITS HAD COMMENCED (IN THE NORMAL
FORM OF ANNUITY UNDER THE PLAN) AS OF THE BEGINNING OF SUCH
PERIOD, TO EACH SUCH BENEFIT BASED ON THE PROVISIONS OF THE PLAN
(AS IN EFFECT DURING THE 5-YEAR PERIOD ENDING ON SUCH DATE) UNDER
WHICH SUCH BENEFIT WOULD BE THE LEAST. FOR PURPOSES OF
SUBPARAGRAPH (A), THE LOWEST BENEFIT IN PAY STATUS DURING A 3-YEAR
PERIOD SHALL BE CONSIDERED THE BENEFIT IN PAY STATUS FOR SUCH
PERIOD.
(4) FOURTH--'
(A) TO ALL OTHER BENEFITS (IF ANY) OF INDIVIDUALS UNDER THE
PLAN GUARANTEED UNDER THIS TITLE (DETERMINED WITHOUT REGARD TO
SECTION 4022(B)(5)); //ANTE, P. 1016.// AND
(B) TO THE ADDITIONAL BENEFITS (IF ANY) WHICH WOULD BE
DETERMINED UNDER SUBPARAGRAPH (A) IF SECTION 4022(B)(6) DID NOT
APPLY. FOR PURPOSES OF THIS PARAGRAPH, SECTION 4021 //ANTE, P.
1014.// SHALL BE APPLIED WITHOUT REGARD TO SUBSECTION (C) THREOF.
(5) FIFTH, TO ALL OTHER NONFORFEITABLE BENEFITS UNDER THE PLAN.
(6) SIXTH, TO ALL OTHER BENEFITS UNDER THE PLAN.
(B) FOR PURPOSE OF SUBSECTION (A)--'
(1) THE AMOUNT ALLOCATED UNDER ANY PARAGRAPH OF SUBSECTION (A)
WITH RESPECT TO ANY BENEFIT SHALL BE PROPERLY ADJUSTED FOR ANY
ALLOCATION OF ASSETS WITH RESPECT TO THAT BENEFIT UNDER A PRIOR
PARAGRAPH OF SUBSECTION (A).
(2) IF THE ASSETS AVAILABLE FOR ALLOCATION UNDER ANY PARAGRAPH
OF SUBSECTION (A) (OTHER THAN PARAGRAPHS (5) AND (6) ARE
INSUFFICIENT TO SATISAFY IN FULL THE BENEFITS OF ALL INDIVIDUALS
WHICH ARE DESCRIBED IN THAT PARAGRAPH, THE ASSETS SHALL BE
ALLOCATED PRO RATA AMONG SUCH INDIVIDUALS ON THE BASIS OF THE
PRESENT VALUE (AS OF THE TERMINATION DATE) OF THEIR RESPECTIVE
BENEFITS DESCRIBED IN THAT PARAGRAPH.
(3) THIS PARAGRAPH APPLIES IF THE ASSETS AVAILABLE FOR
ALLOCATION UNDER PARAGRAPH (5) OF SUBSECTION (A) ARE NOT
SUFFICIENT TO SATISFY IN FULL THE BENEFITS OF INDIVIDUALS
DESCRIBED IN THAT PARAGRAPH.
(A) IF THIS PARAGRAPH APPLIES, EXCEPT AS PROVIDED IN
SUBPARAGRAPH (B), THE ASSETS SHALL BE ALLOCATED TO THE BENEFITS OF
INDIVIDUALS DESCRIBED IN SUCH PARAGRAPH (5) ON THE BASIS OF THE
BENEFITS OF INDIVIDUALS WHICH WOULD HAVE BEEN DESCRIBED IN SUCH
PARAGRAPHS (5) UNDER THE PLAN AS IN EFFECT AT THE BEGINNING OF THE
5-YEAR PERIOD ENDING ON THE DATE OF PLAN TERMINATION
(B) IF THE ASSETS AVAILABLE FOR ALLOCATION UNDER SUBPARAGRAPH
(A) ARE SUFFICIENT TO SATISFY IN FULL THE BENEFITS DESCRIBED IN
SUCH PARAGRAPH (WITHOUT REGARD TO THE SUBPARAGRAPH), THEN FOR
PURPOSES OF SUBPARAGRAPH (A), BENEFITS OF INDIVIDUALS DESCRIBED IN
SUCH SUBPARAGRAPH SHALL BE DETERMINED ON THE BASIS OF THE PLAN AS
AMENDED BY THE MOST RECENT PLAN AMENDMENT EFFECTIVE DURING SUCH
5-YEAR PERIOD UNDER WHICH THE ASSETS AVAILABLE FOR ALLOCATION ARE
SUFFICIENT TO SATISFY IN FULL THE BENEFITS OF INDIVIDUALS
DESCRIBED IN SUBPARAGRAPH (A) AND ANY ASSETS REMAINING TO BE
ALLOCATED UNDER SUCH SUBPARAGRAPH SHALL BE ALLOCATED UNDER
SUBPARAGRAPH (A) ON THE BASIS OF THE PLAN AS AMENDED BY THE NEXT
SUCCEEDING PLAN AMENDMENT EFFECTIVE DURING SUCH PERIOD.
(4) IF THE SECRETARY OF THE TREASURY DETERMINES THAT THE
ALLOCATION MADE PURSUANT TO THIS SECTION (WITHOUT REGARD TO THIS
PARAGRAPH) RESULTS IN DISCRIMINATION PROHIBITED BY SECTION 401(
A)(4) OF THE INTERNAL REVENUE CODE OF 1954 //ANTE, P. 938.// THEN,
IF REQUIRED TO PREVENT THE DISQUALIFICATION OF THE PLAN (OR ANY
TRUST UNDER THE PLAN) UNDER SECTION 401(A), 403(A), OR 405(A) OF
SUCH CODE //26 USC 403, 405.// THE ASSETS ALLOCATED UNDER
SUBSECTIONS (A)(4)(B), (A)(5), AND (A)(6) SHALL BE REALLOCATED TO
THE EXTENT NECESSARY TO AVOID SUCH DISCRIMINATION.
(5) THE TERM "MANDATORY CONTRIBUTIONS" MEANS AMOUNTS
CONTRIBUTED TO THE PLAN BY A PARTICIPANT WHICH ARE REQUIRED AS A
CONDITION OF EMPLOYMENT, AS A CONDITION OF PARTICIPATION IN SUCH
PLAN, OR AS A CONDITION OF OBTAINING BENEFITS UNDER THE PLAN
ATTRIBUTABLE TO EMPLOYER CONDITION. FOR THIS PURPOSE, THE TOTAL
AMOUNT OF MANDATORY CONTRIBUTIONS OF A PARTICIPANT IS THE AMOUNT
OF SUCH CONTRIBUTIONS REDUCED (BUT NOT BELOW ZERO) BY THE SUM OF
THE AMOUNTS PAID OR DISTRIBUTED TO HIM UNDER THE PLAN BEFORE ITS
TERMINATION.
(6) A PLAN MAY ESTABLISH SUBCLASSES AND CATEGORIES WITHIN THE
CLASSES DESCRIBED IN PARAGRAPHS (1) THROUGH (6) OF SUBSECTION (A)
IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE CORPORATION.
(C) ANY INCREASE OR DECREASE IN THE VALUE OF THE ASSETS OF A PLAN
OCCURING DURING THE PERIOD BEGINNING ON THE LATER OF (1) THE DATE A
TRUSTEE IS APPOINTED UNDER SECTION 4042(B) OR (2) //ANTE, P. 1021.// THE
DATE ON WHICH THE PLAN IS TERMINATED IS TO BE ALLOCATED BETWEEN THE PLAN
AND THE CORPORATION IN THE MANNER DETERMINED BY THE COURT (IN THE CASE
OF A COURT-APPOINTED TRUSTEE) OR AS AGREED UPON BY THE CORPORATION AND
THE PLAN ADMINISTRATOR IN ANY CASE. ANY INCREASE OR DECREASE IN THE
VALUE OF THE ASSETS OF A PLAN OCCURING AFTER THE DATE ON WHICH THE PLAN
IS TERMINATED SHALL BE CREDITED TO, OR SUFFERED BY, THE CORPORATIOM.
(D)(1) ANY RESIDUAL ASSETS OF A PLAN MAY BE DISTRIBUTED TO THE
EMPLOYER IF--'
(A) ALL LIABILITIES OF THE PLAN TO PARTICIPANTS AND THEIR
BENEFICIARIES HAVE BEEN SATISFIED,
(B) THE DISTRIBUTION DOES NOT CONTRAVENE ANY PROVISION OF LAW,
AND
(C) THE PLAN PROVIDES FOR SUCH A DISTRIBUTION IN THESE
CIRCUMSTANCES.
(2) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (1), IF ANY ASSETS OF
THE PLAN ATTRIBUTABLE TO EMPLOYEE CONTRIBUTIONS, REMAIN AFTER ALL
LIABILITIES OF THE PLAN TO PARTICIPANTS AND THEIR BENEFICIARIES HAVE
BEEN SATISFIED, SUCH ASSETS SHALL BE EQUITABLY DISTRIBUTED TO THE
EMPLOYEES WHO MADE SUCH CONTRIBUTIONS (OR THEIR BENEFICIARIES) IN
ACCORDANCE WITH THEIR RATE OF CONTRIBUTIONS.
SEC. 4045. (A) EXCEPT AS PROVIDED IN SUBSECTION (C), THE TRUSTEE IS
AUTHORIZED TO RECOVER FOR THE BENEFIT OF A PLAN FROM A PARTICIPANT THE
RECOVERABLE AMOUNT (AS DEFINED IN SUBSECTION (B)) OF ALL PAYMENTS FROM
THE PLAN TO HIM WHICH COMMENCED WITHIN THE 3-YEAR PERIOD IMMEDIATELY
PRECEDING THE TIME THE PLAN IS TERMINATED.
(B) FOR PURPOSES OF SUBSECTION (A) THE RECOVERABLE AMOUNT IS THE
EXCESS OF THE AMOUNT DETERMINED UNDER PARAGRAPH (1) OVER THE AMOUNT
DETERMINED UNDER PARAGRAPH (2).
(1) THE AMOUNT DETERMINED UNDER THIS PARAGRAPH IS THE SUM OF
THIS AMOUNT OF THE ACTUAL PAYMENTS RECEIVED BY THE PARTICIPANT
WITHIN THE 3-YEAR PERIOD.
(2) THE AMOUNT DETERMINED UNDER THIS PARAGRAPH IS THE SUM OF--'
(A) THE SUM OF THE AMOUNT SUCH PARTICIPANT WOULD HAVE RECEIVED
DURING EACH CONSECUTIVE 12-MONTH PERIOD WITHIN THE 3 YEARS IF THE
PARTICIPANT RECEIVED THE BENEFIT IN THE FORM DESCRIBED IN
PARAGRAPH (3),
(B) THE SUM FOR EACH OF THE CONSECUTIVE 12-MONTH PERIODS OF THE
LESSER OF--,
(I) THE EXCESS, IF ANY, OF $10,000 OVER THE BENEFIT IN THE FORM
DESCRIBED IN PARAGRAPH (3), OR
(II) THE EXCESS OF THE ACTUAL PAYMENT, IF ANY, OVER THE BENEFIT
IN THE FORM DESCRIBED IN PARAGRAPH (3), AND
(C) THE PRESENT VALUE AT THE TIME OF TERMINATION OF THE
PARTICIPANT'S FUTURE BENEFITS GUARANTEED UNDER THIS TITLE AS IF
THE BENEFITS COMMENCED IN THE FORM DESCRIBED IN PARAGRAPH (3).
(3) THE FORM OF BENEFIT FOR PURPOSES OF THIS SUBSECTION SHALL
BE THE MONTHLY BENEFIT THE PARTICIPANT WOULD HAVE RECEIVED DURING
THE CONSECUTIVE 12-MONTH PERIOD, IF HE HAD ELECTED AT THE TIME OF
OF THE FIRST PAYMENT MADE DURING THE 3-YEAR PERIOD, TO RECEIVE HIS
INTEREST IN THE PLAN AS A MONTHLY BENEFIT IN THE FORM OF A LIFE
ANNUITY COMMENCING AT THE TIME OF SUCH FIRST PAYMENT.
(C)(1) IN THE EVENT OF A DISTRIBUTION DESCRIBED IN SECTION 4043(B)
(7) THE 3-YEAR PERIOD REFERRED TO IN SUBSECTION (B) SHALL NOT END SOONER
THAN THE DATE ON WHICH THE CORPORATION IS NOTIFIED OF THE DISTRIBUTION.
(2) THE TRUSTEE SHALL NOT RECOVER ANY PAYMENT MADE FROM A PLAN AFTER
OR ON ACCOUNT OF THE DEATH OF A PARTICIPANT, OR TO A PARTICIPANT WHO IS
DISABLED (WITHIN THE MEANING OF SECTION 72(M)(7) OF THE INTERNAL REVENUE
CODE OF 1954). //26 USC 72.//
(3) THE CORPORATION IS AUTHORIZED TO WAIVE, IN WHOLE OR IN PART, THE
RECOVERY OF ANY AMOUNT WHICH THE TRUSTEE IS AUTHORIZED TO RECOVER FOR
THE BENEFIT OF A PLAN UNDER THIS SECTION IN ANY CASE IN WHICH IT
DETERMINES THAT SUBSTANTIAL ECONOMIC HARDSHIP WOULD RESULT TO THE
PARTICIPANT OR HIS BENEFICIARIES FROM WHOM SUCH AMOUNT IS RECOVERABLE.
SEC. 4046. THE CORPORATION AND THE PLAN ADMINISTRATOR OF ANY PLAN TO
BE TERMINATED UNDER THIS SUBTITLE SHALL FURNISH TO THE TRUSTEE SUCH
INFORMATION AS THE CORPORATION OR THE PLAN ADMINISTRATOR HAS AND, TO THE
EXTENT PRACICABLE, CAN OBTAIN REGARDING--'
(1) THE AMOUNT OF BENEFITS PAYABLE WITH RESPECT TO EACH
PARTICIPANT UNDER A PLAN TO BE TERMINATED,
(2) THE AMOUNT OF BENEFITS GUARANTEED UNDER SECTION 4022
//ANTE, P. 1015.// WHICH ARE PAYABLE WITH RESPECT TO EACH
PARTICIPANT IN THE PLAN,
(3) THE PRESENT VALUE, AS OF THE TIME OF TERMINATION, OF THE
AGGREGATE AMOUMT OF BENEFITS PAYABLE UNDER SECTION 4022
(DETERMINED WITHOUT REGARD TO SECTION 4022(B)(5)),
(4) THE FAIR AMRKET VALUE OF THE ASSETS OF THE PLAN AT THE TIME
OF TERMINATION,
(5) THE COMPUTATIONS UNDER SECTION 4044, //ANTE, P. 1025.// AND
ALL ACTURIAL ASSUMPTIONS UNDER WHICH THE ITEMS DESCRIBED IN
PARAGRAPHS (1) THROUGH (4) WERE COMPUTED, ANDL
(6) ANY OTHER INFORMATION WITH RESPECT TO THE PLAN THE TRUSTEE
MAY REQUIRE IN ORDER TO TERMINATE THE PLAN.
SEC. 4047. WHENEVER THE CORPORATION DETERMINES THAT A PLAN WHICH IS
TO BE TERMINATED, OR WHICH IS IN THE PROCESS OF BEING TERMINATED, UNDER
THIS SUBTITLE SHOULD BE TERMINATED AS A RESULT OF SUCH CIRCUMSTANCES AS
THE CORPORATION DETERMINES TO BE RELEVANT, THE CORPORATION IS AUTHORIZED
TO CEASE ANY ACTIVITIES UNDERTAKEN TO TERMINATE THE PLAN, AND TO TAKE
WHATEVER ACTION IS NECESSARY AND WITHIN ITS POWER TO RESTORE THE PLAN TO
ITS STATUS PRIOR TO THE DETERMINATION THAT THE PLAN WAS TO BE
TERMINATED. IN THE CASE OF A PLAN WHICH HAS BEEN TERMINATED UNDER
SECTION 4042 //ANTE, P. 1021.// THE CORPORATION IS AUTHORIZED IN ANY
SUCH CASE IN WHICH THE CORPORATION DETERMINES SUCH ACTION TO BE
APPROPRIATE AND CONSISTENT WITH ITS DUTIES UNDER THIS TITLE, TO TAKE
SUCH ACTION AS MAY BE NECESSARY TO RESTORE THE PLAN TO ITS
PRETERMINATION STATUS, UNCLUDING, BUT NOT LIMITED TO, THE TRANSFER TO
THE EMPLOYER OR A PLAN ADMINISTRATOR OF CONTROL OF PART OR ALL OF THE
REMAINING ASSETS AND LIABILITIES OF THE PLAN.
SEC. 4048. FOR PURPOSES OF THIS TITLE THE DATE OF TERMINATION
IS--'
(1) IN THE CASE OF A PLAN TERMINATED IN ACCORDANCE WITH THE
PROVISIONS OF SECTION 4041, //ANTE, P. 1020.// THE DATE
ESTABLISHED BY THE PLAN ADMINISTRATOR AND AGREED TO BY THE
CORPORATION,
(2) IN THE CASE OF A PLAN TERMINATED IN ACCORDANCE WITH THE
PROVISIONS OF SECTION 4042, THE DATE ESTABLISHED BY THE
CORPORATION AND AGREED TO BY THE PLAN ADMINISTRATOR, OR
(3) IN THE CASE OF A PLAN TERMINATED IN ACCORDANCE WITH THE
PROVISIONS OF EITHER SECTION IN ANY CASE IN WHICH NO AGREEMENT IS
REACHED BETWEEN THE PLAN ADMINISTRATOR AND THE CORPORATION (OR THE
TRUSTEE), THE DATE ESTABLISHED BY THE COURT.
SEC. 4061. THE CORPORATION SHALL PAY BENEFITS UNDER A PLAN
TERMINATED UNDER THIS TITLE SUBJECT TO THE LIMITATIONS AND REQUIREMENTS
OF SUBTITLE B OF THIS TITLE. //ANTE, P. 840.// AMOUNTS GUARANTEED BY
THE CORPORATION UNDER SECTION 4022 SHALL BE PAID BY THE CORPORATION OUT
OF THE APPROPRIATE FUND. //ANTE, P. 1016.//
SEC. 4062. (A) THIS SECTION APPLIES TO ANY EMPLOYER WHO MAINTAINED A
PLAN (OTHER THAN A MULTIEMPLOYER PLAN) AT THE TIME IT WAS TERMINATED,
BUT DOES NOT APPLY--'
(1) TO AN EMPLOYER WHO MAINTAINED A PLAN WITH RESPECT TO WHICH
HE PAID THE ANNUAL PREMIUM DESCRIBED IN SECTION 4006(A)(2)(B)
//ANTE, P. 1010.// FOR EACH OF THE 5 PLAN YEARS IMMEDIATELY
PRECEDING THE PLAN YEAR DURING WHICH THE PLAN TERMINATED UNLESS
THE CONDITIONS IMPOSED BY THE CORPORATION ON THE PAYMENT OF
COVERAGE UNDER SECTION 4023 DO NOT PERMIT SUCH COVERAGE TO APPLY
UNDER THE CIRCUMSTANCES, OR
(2) TO THE EXTENT OF ANY LIABILITY ARISING OUT OF THE
INSOLVENCY OF AN INSURANCE COMPANY WITH RESPECT TO AN INSURANCE
CONTRACT.
(B) ANY EMPLOYER TO WHICH THIS SECTION APPLIES SHALL BE LIABLE TO THE
CORPORATION, IN AN AMOUNT EQUAL TO THE LESSER OF--'
(1) THE EXCESS OF--'
(A) THE CURRENT VALUE OF THE PLAN'S BENEFITS GUARANTEED UNDER
THIS TITLE ON THE DATE OF TERMINATION OVER
(B) THE CURRENT VALUE OF THE PLAN'S ASSETS ALLOCABLE TO SUCH
BENEFITS ON THE DATE OF TERMINATION, OR
(2) 30 PERCENT OF THE NET WORTH OF THE EMPLOYER DETERMINED AS
OF A DAY, CHOSEN BY THE CORPORATION BUT NOT MORE THAN 120 DAYS
PRIOR TO THE DATE OF TERMIANTION, COMPUTED WITHOUT REGARD TO ANY
LIABILITY UNDER THIS SECTION.
(C) FOR PURPOSES OF SUBSECTION (B)(2) THE NET WORTH OF AN EMPLOYER
IS--'
(1) DETERMINED ON WHATEVER BASIS BEST REFLECTS, IN THE
DETERMINATION OF THE CORPORATION, THE CURRENT STATUS OF THE
EMPLOYER'S OPERATIONS AND PROSPECTS AT THE TIME SHOSEN FOR
DETERMINING THE NET WORTH OF THE EMPLOYER, AND
(2) INCREASED BY THE AMOUNT OF ANY TRANSFERS OF ASSETS MADE BY
THE EMPLOYER DETERMINED BY THE CORPORATION TO BE IMPROPER UNDER
THE CIRCUMSTANCES, UNCLUDING ANY SUCH TRANSFERS WHICH WOULD BE
INAPPROPRIATE UNDER THE BANKRUPTCY ACT //11 USC 1 NOTE.// IF THE
EMPLOYER WERE THE SUBJECT OF A PROCEEDING UNDER THAT ACT.
(D) FOR PURPOSES OF THIS SECTION THE FOLLOWIGN RULES APPLY IN THE
CASE OF CERTAIN CORPORATE ORGANIZATIONS:
(1) IF AN EMPLOYER CEASES TO EXIST BY REASON OF A
REORGANIZATION WHICH INVOLVES A MERE CHANGE IN IDENTITY, FORM, OR
PLACE OF ORGANIZATION, HOWEVER EFFECTED, A SUCCESSOR CORPORATION
RESULTING FROM SUCH REPRGANIZATION SHALL BE TREATED AS THE
EMPLOYER TO WHOM THIS SECTION APPLIES.
(2) IF AN EMPLOYER CEASES TO EXIST BY REASON OF A LIQUIDATION
INTO A PARENT CORPORATION, THE PARENT CORPORATION SHALL BE TREATED
AS THE EMPLOYER TO WHOM THIS SECTION APPLIES.
(3) IF AN EMPLOYER CEASES TO EXIST BY REASON OF A MERGER,
CONSOLIDATION, OR DIVISION, THE SUCCESSOR CORPORATION OR
CORPORATIONS SHALL BE TREATED AS THE EMPLOYER TO WHOM THIS SECTION
APPLIES.
(E) IF AN EMPLOYER CEASES OPERATIONS AT A FACILITY IN ANY LOCATION
AND, AS A RESULT OF SUCH CESSATION OF OPERATIONS, MORE THAN 20 PERCENT
OF THE TOTAL NUMBER OF HIS EMPLOYEES WHO ARE PARTICIPANTS UNDER A PLAN
ESTABLISHED AND MAINTAINED BY HIM ARE SEPARATED FROM EMPLOYMENT, THE
EMPLOYER SHALL BE TREATED WITH RESPECT TO THAT PLAN AS IF HE WERE A
SUBSTANTIAL EMPLOYER UNDER A PLAN UNDER WHICH MORE THAN ONE EMPLOYER
MAKES CONTRIBUTIONS AND THE PROVISIONS OF SECTIONS 4063, 4064, AND 4065
SHALL APPLY.
SEC. 4063. (A) EXCEPT AS PROVIDED IN SUBSECTION (D), THE PLAN
ADMINISTRATOR OF A PLAN UNDER WHICH MORE THAN PNE EMPLOYER MAKES
CONTRIBUTIONS--'
(1) SHALL NOTIFY THE CORPORATION OF THE WITHDRAWAL OF A
SUBSTANTIAL EMPLOYER FROM THE PLAN, WITHIN 60 DAYS AFTER SUCH
WITHDRAWAL, AND
(2) REQUEST THAT THE CORPORATION DETERMINE THE LIABILITY OF
SUCH EMPLOYER UNDER THIS SUBTITLE WITH RESPECT TO SUCH WITHDRAWAL.
THE CORPORATION SHALL, AS SOON AS PRACTICABLE THEREAFTER, DETERMINE
WHETHER SUCH EMPLOYER IS LIABLE FOR ANY AMOUNT UNDER THIS SUBTITLE WITH
REPSECT TO THE WITHDRAWAL AND NOTIFY SUCH EMPLOYER OF SUCH LIABILITY.
(B) EXCEPT AS PROVIDED IN SUBSECTION (C), AN EMPLOYER WHO WITHDRAWS
FROM A PLAN TO WHICH SECTION 4021 //ANTE, P. 1014.// APPLIES, DURING A
PLAN YEAR FOR WHICH HE WAS A SUBSTANTIAL EMPLOYER, AND WHO IS NOTIFIED
BY THE CORPORATION AS PROVIDED BY SUBSECTION (A), SHALL BE LIABLE TO THE
CORPORATION IN ACCORDANCE WITH THE PROVISIONS OF SECTION 4062 //ANTE, P.
1029.// AND THIS SECTION. THE AMOUNT OF SUCH EMPLOYER'S LIABILITY SHALL
BE COMPUTED ON THE BASIS OF AN AMOUNT DETERMINED BY THE CORPORATION TO
BE THE AMOUNT DESCRIBED IN SECTION 4062 FOR THE ENTIRE PLAN, AS IF THE
PLAN HAD BEEN TERMINATED BY THE CORPORATION ON THE DATE OF THE
EMPLOYER'S WITHDRAWAL, MULTIPLIED BY A FRACTION--'
(1) THE NUMERATOR OF WHICH IS THE TOTAL AMOUNT REQUIRED TO BE
CONTRIBUTED TO THE PLAN BY SUCH EMPLOYER FOR THE LAST 5 YEARS
ENDING PRIOR TO THE WITHDRAWAL, AND
(2) THE DENOMINATOR OF WHICH IS THE TOTAL AMOUNT REQUIRED TO BE
CONTRIBUTED TO THE PLAN BY ALL EMPLOYERS FOR SUCH LAST 5 YEARS.
IN ADDITION TO AN IN LIEU OF THE MANNER PRESCRIBED IN THE PRECEDING
SENTENCE, THE CORPORATION MAY ALSO DETERMINE THE LIABILITY OF EACH SUCH
EMPLOYER ON ANY OTHER EQUITABLE BASIS PRESCRIBED BY THE CORPORATION IN
REGULATIONS. ANY AMOUNT COLLECTED BY THE CORPORATION UNDER THIS
SUBSECTION SHALL BE HELD IN ESCROW SUBJECT TO DISPOSITION IN ACCORDANCE
WITH THE PROVISIONS OF PARAGRAPHS (2) AND (3) OF SUBSECTION (C).
(C)(1) IN LIEU OF PAYMENT OF HIS LIABILITY UNDER THIS SECTION THE
EMPLOYER MAY BE REQUIRED TO FURNISH A BOND TO THE CORPORATION IN AN
AMOUNT NOT EXCEEDING 150 PERCENT OF HIS PIABILITY TO INSURE PAYMENT OF
HIS LIABILITY UNDER THIS SECTION. THE BOND SHALL HAVE AS SURETY THEREON
A CORPORATE SURETY COMPANY WHICH IS AN ACCEPTABLE SURETY ON FEDERAL
BONDS UNDER AUTHORITY GRANTED BY THE SECREATRY OF THE TREASURY UNDER
SECTIONS 6 THROUGH 13 OF TITLE 6, UNITED STATES CODE. ANY SUCH BOND
SHALL BE IN A FORM OR OF A TYPE APPROVED BY THE SECREATARY INCLUDING
INDIVIDUAL BONDS OR SCHEDULE OR BLANKET FORMS ON BONDS WHICH COVER A
GROUP OR CLASS.
(2) IF THE PLAN IS NOT TERMINATED WITHIN THE 5-YEAR PERIOD COMMENCING
ON THE DAY OF WITHDRAWAL, THE LIABILITY OF SUCH EMPLOYER IS ABATED AND
ANY PAYMENT HELD IN ESCROW SHALL BE REFUNDED WITHOUT INTEREST TO THE
EMPLOYER (OR HIS BOND CANCELLED) IN ACCORDANCE WITH BYLAWS OR RULES
PRESCRIBED BY THE CORPORATION.
(3) IF THE PLAN TEMINATES WITHIN THE 5-YEAR PERIOD COMMENCING ON THE
DAY OF WITHDRAWAL, THE CORPORATION SHALL--'
(A) DEMAND PAYMENT OR REALIZE ON THE BOND AND HOLD SUCH AMOUNT
IN ESCROW FOR THE BENEFIT OF THE PLAN;
(B) TREAT ANY ESCROWED PAYMENTS UNDER THIS SECTION AS IF THEY
WERE PLAN ASSETS AND APPLY THEM IN A MANNER CONSISTENT WITH THIS
SUBTITLE; AND
(C) REFUND ANY AMOUNT TO THE EMPLOYER WHICH IS NOT REQUIRED TO
MEET ANY OBLIGATION OF THE CORPORATION WITH RESPECT TO THE PLAN.
(D) THE PROVISIONS OF THIS SUBSECTION APPLY IN THE CASE OF A
WITHDRAWAL DESCRIBED IN SUBSECTION (A), AND THE PROVISIONS OF
SUBSECTIONS (B) AND (C) SHALL NOT APPLY, IF THE CORPORATION DETERMINES
THAT THE PROCEDURE PROVIDED FOR UNDER THIS SUBSECTION IS CONSISTENT WITH
THE PURPOSES OF THIS SECTION AND SECTION 4064 AND IS MORE APPROPRIATE IN
THE PARTICULAR CASE. UPON A SHOWING BY THE PLAN ADMINISTRATOR OF A PLAN
THAT THE WITHDRAWAL FROM THE PLAN BY ANY EMPLOYER OR EMPLOYERS HAS
RESULTED, OR WILL RESULT, IN A SIGNIFICANT REDUCTION IN THE AMOUNT OF
AGGREAGTE CONTRIBUTIONS TO OR UNDER THE PLAN BY EMPLOYERS, THE
CORPORATION MAY--'
(1)REQUIRE THE PLAN FUND TO BE EQUITABLY ALLOCATED BETWEEN
THOSE PARTICIPANTS NO LONGER WORKING ION COVERED SERVICE UNDER THE
PLAN AS A RESULT OF THEIR EMPLOYER'S WITHDRAWAL, AND THOSE
PARTICIPANTS WHO REAMAIN IN COVERED SERVICE UNDER THE PLAN;
(2) TREAT THAT PORTION OF THE PLAN FUNDS ALLOCABLE UNDER
PARAGRAPH (1) TO PARTICIPANTS NO LONGER IN COVERED SERVICE AS A
TERMINATION; AND
(3) TREAT THAT PORTION OF THE PLAN FUND ALLOCABLE TO
PARTICIPANTS REMAINING IN COVERED SERVICE AS A SEPARATE PLAN.
(E) THE CORPORATION IS AUTHORIZED TO WAIVE THE APPLICATION OF THE
PROVISIONS OF SUBSECTIONS (B), (C), AND (D) OF THIS SECTION TO ANY
EMPLOYER OR PLAN ADMINISTRATOR WHENEVER IT DETERMINES THAT THERE IS AN
INDEMNITY AGREEMENT IN EFFECT AMONG ALL OTHER EMPLOYERS UNDER THE PLAN
WHICH IS ADEQUATE TO SATISFY THE PURPOSES OF THIS SECTION AND OF SECTION
4064.
SEC. 4064. (A) THIS SECTION APPLIES TO ALL EMPLOYERS WHO MAINTAIN A
PLAN UNDER WHICH MORE THAN ONE EMPLOYER MAKES CONTRIBUTIONS AT THE TIME
SUCH PLAN IS TERMINATED, OR WHO, AT ANY TIME WITHIN THE 5 PLAN YEARS
PRECEDING THE DATE OF TERMINATION, AMDE CONTRIBUTIONS UNDER THE PLAN.
(B) THE CORPORATION SHALL DETERMINE THE LIABILITY OF EACH SUCH
EMPLOYER IN A MANNER CONSISTENT WITH SECTION 4062 //ANTE, P. 1029.//
EXCEPT THAT THE AMOUNT OF THE LIABILITY DETERMINED BUNDER SECTION 4062(
B)(1) WITH RESPECT TO THE ENTIRE PLAN SHALL BE ALLOCATED TO EACH EMPLYER
BY MULTIPLYING SUCH AMOUNTS BY A FRACTION--'
(1) THE NUMERATOR OF WHICH IS THE AMOUNT REQUIRED TO BE
CONTRIBUTED TO THE PLAN BY EACH EMPLOYER FOR THE LAST 5 PLAN YEARS
ENDING PRIOR TO THE TERMINATION, AND
(2) THE DENOMINATOR OF WHICH IS THE TOTAL AMOUNT REQUIRED TO BE
CONTRIBUTED TO THE PLAN BY ALL SUCH EMPLOYERS FOR SUCH LAST 5
YEARS,
AND THE LIMITATION DESCRIBED IN SECTION 4062(B)(2) SHALL BE APPLIED
SEPARATELY TO EACH EMPLOYER. THE CORPORATION MAY ALSO DETERMINE THE
LIABILITY OF EACH EMPLOYER ON ANY OTHER EQUITABLE BASIS PRESCRIBED BY
THE CORPORATION IN REGULATIONS.
SEC. 4065. FOR EACH PLAN YEAR FOR WHICH SECTION 4021 APPLIES TO A
PLAN, THE PLAN ADMINISTRATOR SHALL FILE WITH THE CORPORATION, ON A FORM
PRESCRIBED BY THE CORPORATION, AN ANNUAL REPORT WHICH INDENTIFIES THE
PLAN AND PLAN ADMINSITRATOR AND WHICH INCLUDES--'
(1) A COPY OF EACH NOTIFICATION REQUIRED UNDER SECTION 4063
//ANTE, P. 1030.// WITH RESPECT TO SUCH YEAR, AND
(2) A STATEMENT DISCLOSING WHETHER ANY REPORTABLE EVENT
(DESCRIBED IN SECTION 4043(B)) //ANTE, P. 1024.// OCCURED DURING
THE PLAN YEAR.
THE REPORT SHALL BE FILED WITHIN 6 MONTHS AFTER THE CLOSE OF THE PLAN
YEAR TO WHICH IT RELATES. THE CORPORATION SHALL COOPERATE WITH THE
SECRETARY OF THE TREASURY AND THE SECRETARY OF LABOR IN AN ENDEAVOR TO
COORDINATE THE TIMING AND CONTENT, AND POSSIBLY OBTAIN THE COMBINATION,
OF REPORTS UNDER THIS SECTION WITH REPORTS REQUIRED TO BE MADE BY PLAN
ADMINISTRATORS TO SUCH SECRETARIES.
SEC. 4066. THE PLAN ADMINISTRATOR OF EACH PLAN UNDER WHICH
CONTRIBUTIONS ARE MADE BY MORE THAN ONE EMPLOYER SHALL NOTIFY, WITHIN 6
MONTHS AFTER THE CLOSE OF EACH PLAN YEAR, ANY EMPLOYER MAKING
CONTRIBUTIONS UNDER THAT PLAN WHO IS DESCRIBED IN SECTION 4001(A)(2)
//ANTE, P. 1003.// THAT HE IS A SUBSTANTIAL EMPLOYER FOR THAT YEAR.
SEC. 4067. THE CORPORATION IS AUTHORIZED TO MAKE ARRANGEMENTS WITH
EMPLOYERS WHO ARE LIABLE UNDER SECTION 4062, 4063, OR 4064 FOR PAYMENT
ON SUCH TERMS AND FOR SUCH PERIODS AS THE CORPORATION DEEMS EQUITABLE
AND APPROPRIATE.
SEC. 4068. (A) IF ANY EMPLOYER OR EMPLOYERS LIABLE TO THE
CORPORATION UNDER SECTION 4062, 4063, 4064 //ANTE, PP. 1029 - 1031.//
NEGLECT OR REFUSE TO PAY, AFTER DEMAND, THE AMOUNT OF SUCH LIABILITY
(INCLUDIGN INTEREST), THERE SHALL BE A LIEN IN FAVOR OF THE CORPORATION
UPON ALL PROPERTY AND RIGHTS TO PROPERTY, WHETHER REAL OR PERSONAL,
BELONGONG TO SUCH EMPLOYER OR EMPLOYERS.
(B) THE LIEN IMPOSED BY SUBSECTION (A) ARISES ON THE DATE OF
TERMIANTION OF A PLAN, AND CONTINUES UNTIL THE LIABILITY IMPOSED UNDER
SECTION 4062, 4063, OR 4064 IS SATISFIED OR BECOMES UNENFORCEABLE BY
REASON OF LAPSE OF TIME.
(C)(1) EXCEPT AS OTHERWISE PROVIDED UNDER THIS SECTION, THE PRIORITY
OF THE LIEN IMPOSED UNDER SUBSECTION (A) SHALL BE DETERMINED IN THE SAME
MANNER AS UNDER SECTION 6323 OF THE INTERNAL REVENUE CODE OF 1954. SUCH
SECTION 6323 //29 USC 6323.// SHALL BE APPLIED BY SUBSTITUTING "LIEN
IMPOSED BY SECTION 4068 OF THE EMPLOYEE RETIREMENT INCOME SECURITY ACT
OF 1974" FOR "LIEN IMPOSED BY SECTION 6321"; "CORPORATION" FOR
"SECRETARY OR HIS DELEGATE"; "EMPLOYER LIABILITY LIEN" FOR "TAX LIEN";
"EMPLOYER" FOR "TAXPAYER"; "LIEN ARISING UNDER SECTION 4068(A) OF THE
EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974" FOR "ASSETMENT OF THE
TAX"; AND "PAYMENT OF THE LOAN VALUE IS MADE TO THE CORPORATION" FOR
"SATISFACTION OF A LEVY PURSUANT TO SECTION 6332(B)"; //26 USC 6332.//
EACH PLACE SUCH TERMS APPEARS.
(2) IN THE CASE OF BANKRUPTCY OR INCOLVENCY PROCEEDINGS, THE LIEN
IMPOSED UNDER SUBSECTION (A) SHALL BE TREATED IN THE SAME MANNER AS A
TAX DUE AND OWING TO THE UNITED STATES FOR PURPOSES OF THE BANKRUPTCY
ACT OR SECTION 3466 OF THE REVISED STATUTES (31 U.S.C. 191). //11 USC 1
NOTE.//
(3) FOR PURPOSES OF APPLYING SECTION 6323(A) OF THE INTERNAL REVENUE
CODE OF 1954 //26 USC 6323.// TO DETERMINE THE PRIORITY BETWEEN THE LIEN
IMPOSED UNDER SUBSECTION (A) AND A FEDERAL TAX LIEN, EACH LIEN SHALL BE
TREATED AS A JUDGMENT LIEN ARISING AS OF THE TIME NOTICE OF SUCH LIEN IS
FILED.
(4) FOR PURPOSES OF THIS SUBSECTION, NOTICE OF THE LIEN IMPOSED BY
SUBSECTION (A) SHALL BE FILED IN THE SAM MANNER AS UNDER SECTION 6323
(F) AND (G) OF THE INTERNAL REVENUE CODE OF 1954.
(D)(1) IN ANY CASE WHERE THERE HAS BEEN A REFUSAL OR NEGLECT TO PAY
THE LIABILITY IMPOSED UNDER SECTION 4062, 4063, OR 4064, //ANTE, PP.
1029 - 1031.// THE CORPORATION MAY BRING CIVIL ACTION IN A DISTRICT
COURT OF THE UNITED STATES TO ENFORCE THE LIEN OF THE CORPORATION UNDER
THIS SECTION WITH RESPECT TO SUCH LIABILITY OR TO SUBJECT ANY PROPERTY,
OF WHATEVER NATURE, OF THE EMPLOYER, OR IN WHICH HE HAS ANY RIGHT,
TITLE, OR INTEREST TO THE PAYMENT OF SUCH LIABILITY.
(2) THE LIABILITY IMPOSED BY SECTION 4062, 4063, OR 4064 MAY BE
COLLECTED BY A PROCEEDING IN COURT IF THE PROCEEDING IS COMMENCED WITHIN
6 YEARS AFTER THE DATE UPON WHICH THE PLAN WAS TERMINATED OR PRIOR TO
THE EXPIRATION OF ANY PERIOD FOR COLLECTION AGREED UPON IN WRITING BY
THE CORPORATION AND THE EMPLOYER BEFORE THE EXPIRATION OF SUCH 6-YEAR
PERIOD. THE PERIOD OF LIMITATIONS PROVIDED UNDER THIS PARAGRAPH SHALL
BE SUSPENDED FOR THE PERIOD THE ASSETS OF THE EMPLYER ARE IN THE CONTROL
OR CUSTODY OF ANY COURT OF THE UNITED STATES, OR OF ANY STATE, OR OF THE
DISTRICT OF COLUMBIA, AND FOR 6 MONTHS THEREAFTER, AND FOR ANY PER
THE PERCENTAGE OF PROPERTY TAX PAID ON THE
"IF HOUSEHOLD GROSS FIRST $400 OF PROPERTY TAX, OR RENT
CONSTITUTING PROPERTY
INCOME IS: TAX, WHICH SHALL CONSTITUTE CREDIT IS:
UNDER $3,000 80 PER CENTUM OF TAX IN EXCESS OF 2 PER
CENTUM OF INCOME.
$3,000 TO $4,999 70 PER CENTUM OF TAX IN EXCESS OF 3 PER
CENTUM OF INCOME.
$5,000 TO $6,999 60 PER CENTUM OF TAX IN EXCESS OF 4 PER
CENTUM OF INCOME.