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 1240 P e r s o n n e l of other a g e n c i e s.

Advisory boards.

5 USC app. I. Noncitizens employment.

PUBLIC LAW 93-438-OCT. 11, 1974

[88 STAT.

(f) The Administrator is authorized to utilize, on a reimbursable basis, the services of any personnel made available by any department, agency, or instrumentality, including any independent agency of the Government. (g) The Administrator is authorized to establish advisory boards, in accordance with the provisions of the Federal Advisory Committee ^QI (Public Law 92-463), to advise with and make recommendations to the Administrator on legislation, policies, administration, research, and other matters. (h) The Administrator is authorized to employ persons who are not citizens of the United States in expert, scientific, technical, or professional capacities whenever he deems it in the public interest. POWERS

development!" 42 USC 5817.

42 USC 2011 note.

relrproprrty!"'' 40 USC 6 01 "°5 USC a II

employees at remote locations.

SEC. 107. (a) The Admluistrator is authorized to exercise his powers in such manner as to insure the continued conduct of research and development and related activities in areas or fields deemed by the Administrator to be pertinent to the acquisition of an expanded fund of scientific, technical, and practical knowledge in energy matters. To this end, the Administrator,is authorized to make arrangements (including contracts, agreements, and loans) for the conduct of research and development activities w4th private or public institutions or persons, including participation in joint or cooperative projects of a research, developmental, or experimental nature; to make payments (in lump sum or installments, and in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments); and generally to take such steps as he may deem necessary or appropriate to perform functions now or hereafter vested in him. Such functions of the Administi-ator under this Act as are applicable to the nuclear activities transferred pursuant to this title shall be subject to the provisions of the Atomic P^nergy Act of 1954, as amended, and to other authority applicable to such nuclear activities. The nonnuclear responsibilities and functions of the Administrator referred to in sections 103 and 104 of this Act shall be carried out pursuant to the provisions of this Act, ai^plicable authority existing immediately before the effective date of this Act, or in accordance with the provisions of chapter 4 of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2051-2053). i^) Exccpt for public buildiugs as defined in the Public Buildings Act of 1959, as amended, and with respect to leased space subject to ^^^ provisions of Reorganization Plan Numbered 18 of 1950, the Administrator is authorized to acquire (by purchase, lease, condemnation, or otherwise), construct, improve, repair, operate, and maintain facilities and real property as the Administrator deems to be necessary in and outside of the District of Columbia. Such authority shall apply only to facilities required for the maintenance and operation of laboratories, research and testing sites and facilities, quarters, and related accommodations for employees and dependents of employees of the Administration, and such other special-purpose real property as the Administrator deems to be necessary in and outside the District of Columbia. Title to any property or interest therein, real, personal, or mixed, acquired pursuant to this section, shall be in the United States. (c)(1) The Admlulstrator is authorized to provide, construct, or maintain, as necessary and when not otherwise available, the following for employees and their dependents stationed at remote locations: (A) Emergency medical services and supplies. (B) Food and other subsistence suppl ies.

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(C) Messino- facilities. (D) Audiovisual equipment, accessories, and supplies for recreation and training. (E) Reimbursement for food, clothing, medicine, and other supplies furnished by such employees in emergencies for the temporary relief of distressed persons. (F) Living and working quarters and facilities. (G) Transportation for school-age dependents of employees to the nearest appropriate educational facilities. (2) The furnishing of medical treatment under subparagraph (A) of paragraph (1) and the furnishing of services and supplies under paragraphs (B) and (C) of paragraph (1) shall be at prices reflecting reasonable value as determined by the Administrator. (3) Proceeds from reimbursements under this section shall be deposited in the Treasury and may be withdrawn by the Administrator to pay directly the cost of such work or services, to repay or make advances to appropriations or funds which do or will bear all or a part of such cost, or to refund excess sums when necessary; except that such payments may be credited to a service or working capital fund otherwise established by law, and used under the law governing such funds, if the fund is available for use by the Administrator for performing the work or services for which payment is received. (d) The Administrator is authorized to acquire any of the follow- co^''ri"Ms'*°" °^ ing described rights if the property acquired thereby is for use in, or patents, etc. is useful to, the performance of functions vested in him: (1) Copyrights, patents, and applications for patents, designs, processes, specifications, and data. (2) Licenses under copyrights, patents, and applications for patents. (3) Releases, before suit is brought, for past infringement of patents or copyrights. (e) Subject to the provisions of chapter 12 of the Atomic Energy Dissemination Act of 1954, as amended (42 TT.S.C. 2161-2166), and othei- applicable '"f"'"'"^*^""law, the Administrator shall disseminate scientific, technical, and practical information acquired pursuant to this title through information programs and other appropriate means, and shall encourage the dissemination of scientific, technical, and practical information relating to energy so as to enlarge the fund of such information and to provide that free interchange of ideas and criticism which is essential to scientific and industrial progress and public understanding. (f) The Administrator is authorized to accept, hold, administer, ^'^^^ '^"'^ ^eand utilize gifts, and bequests of property, both real and personal, for 'i"^^'^the purpose of aiding or facilitating the work of the Administration. Gifts and bequests of money and proceeds from sales of other property received as gifts or bequests shall be deposited in the Treasury and shall be disbursed upon the order of the Administrator. For the purposes of Federal income, estate, and gift taxes, property accepted under this section shall be considered as a gift or bequest to the United States. INTERIM

rOORDINATIOX

SEC. 108. (a) There is established in the Executive Office of the ^^^"^"fcTunai. President an Energy Resources Council. The Council shall be com- Establishment! posed of the Secretary of the Interior, the Administrator of the '^^ ^^^ 5Federal Energy Administration, the Administrator of the Energy Resear-ch and Development Administration, the Secretary of State, the Director, Office of Management and Budget, and such other officials of the Federal (lovernment as the President may designate. The President shall designate one of the members of the Council to serve as Chairman.

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[88 STAT.

(b) I t shall be the duty and function of the Council to— (1) insure communication and coordination among the agencies of the Federal Government which have responsibilities for the development and implementation of energy policy or for the management of energy resources; (2) make recommendations to the President and to the Congress for measures to improve the implementation of Federal energy policies or the management of energy resources with particular emphasis upon policies and activities involving two or more Departments or independent agencies; and (3) advise the President in the preparation of the reorganization recommendations required by section 110 of this Act. Testimony /Q\ 'J'J^Q Chairman of the Council may not refuse to testify before before C o n g r e s s. the Congress or any duly authorized committee thereof regarding the duties of the Council or other matters concerning interagency coordination of energy policy and activities. Effective date (d) This section shall be effective no later than sixty days after P u b l i c a t i o n in FederaTRegister. the enactmeiit of this Act or such earlier date as the President shall Termination prcscrlbe and publish in the Federal Register, and shall terminate upon enactment of a permanent department responsible for energy and natural resources oi- two years after such effective date, whichever shall occur first. FUTURE

co^n7rrs's!° 42 USC 5819.

Ante,

p. 108.

42 USC 5820.

REORGANIZATION

SEC. 109. (a) The President shall transmit to the Congress as promptly as possible, but not later than June 30, 1975, such additional recommendations as he deems advisable for organization of energy and related functions in the Federal Government, including, but not limited to, whether or not there shall be established (1) a Department of Energy and Natural Resources, (2) an Energy Policy Council, and (3) a consolidation in whole or in part of regulatory functions concerning energy. (b) This report shall replace and serve the purposes of the report required by section 15(a)(4) of the Federal Energy Administration Act. COORDINATION WITT I ENVIRONMENTAL EFFORTS t^^^ -J^-J^Q^ rp|^^ Administrator is authorized to establish programs to utilize research and development performed by other Federal agencies to minimize the adverse environmental effects of energy projects. The Administrator of the Environmental Protection Agency, as well as other affected agencies and departments, shall cooperate fully with the Administrator in establishing and maintaining such programs, and in establishing appropriate interagency agreements to develop cooperative programs and to avoid unnecessary duplication.

TITLE II—NUCLEAR REGULATORY COMMISSION ESTABLISHMENT AND

chlli^a"! '"''^ 42 USC'5841.

TRANSFERS

^^^- ^^^' (^) There is established an independent regulatory commission to be known as the Nuclear Regulatory Commission which shall be composed of five members, each of whom shall be a citizen of the United States. The President shall designate one member

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Page:Aesthetic Papers.djvu/206

196 gross inconsistency is tolerated. I have heard some of my townsmen say, "I should like to have them order me out to help put down an insurrection of the slaves, or to march to Mexico,—see if I would go;" and yet these very men have each, directly by their allegiance, and so indirectly, at least, by their money, furnished a substitute. The soldier is applauded who refuses to serve in an unjust war by those who do not refuse to sustain the unjust government which makes the war; is applauded by those whose own act and authority he disregards and sets at nought; as if the State were penitent to that degree that it hired one to scourge it while it sinned, but not to that degree that it left off sinning for a moment. Thus, under the name of order and civil government, we are all made at last to pay homage to and support our own meanness. After the first blush of sin, comes its indifference; and from immoral it becomes, as it were, unmoral, and not quite unnecessary to that life which we have made.

The broadest and most prevalent error requires the most disinterested virtue to sustain it. The slight reproach to which the virtue of patriotism is commonly liable, the noble are most likely to incur. Those who, while they disapprove of the character and measures of a government, yield to it their allegiance and support, are undoubtedly its most conscientious supporters, and so frequently the most serious obstacles to reform. Some are petitioning the State to dissolve the Union, to disregard the requisitions of the President. Why do they not dissolve it themselves,—the union between themselves and the State,—and refuse to pay their quota into its treasury? Do not they stand in the same relation to the State, that the State does to the Union? And have not the same reasons prevented the State from resisting the Union, which have prevented them from resisting the State?

How can a man be satisfied to entertain an opinion merely, and enjoy it? Is there any enjoyment in it, if his opinion is that he is aggrieved? If you are cheated out of a single dollar by your neighbor, you do not rest satisfied with knowing that you are cheated, or with saying that you are

title: Page:Aesthetic Papers.djvu/206


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of the Commission as Chairman thereof to serve as such during the pleasure of the President. The Chairman may from time to time designate any other memher of the Commission as Acting Chairman to act in the place and stead of the Chairman during his absence. The Chairman (or the Acting Chairman in the absence of the Chairman) shall preside at all meetings of the (Commission and a quorum for the transaction of business shall consist of at least three members present. Each member of the (Commission, including the (Chairman, shall have equal responsibility and authority in all decisions and actions of the Commission, shall have full access to all information relating to the performance of his duties or responsibilities, and shall have one vote. Action of the Commission shall be determined by a majority vote of the members present. The Chairman (or Acting Chairman in the absence of the Chairman) shall be the official spokesman of the (Commission in its rehitions with the Congress, (xovernment agencies, persons, or the public, and, on behalf of the Commission, shall see to the faithful execution of the policies and decisions of the (Commission, and shall report thereon to the Commission from time to time or as the Commission may direct. The Commission shall have ^^• an official seal which shall be judicially noticed. (b)(1) Members of the Commission shall be appointed by the President, by and with the advice and consent of the Senate. (2) Appointments of members pursuant to this subsection shall be made in such a manner that not more than three members of the Commission shall be members of the same political party. (c) Each member shall serve for a term of five years, each such Term. term to commence on July 1, except that of the five members first appointed to the Commission, one shall serve for one year, one for two years, one for three year's, one for four years, and one for five years, to be designated by the President at the time of appointment. (d) Such initial appointments shall be submitted to the Senate submittal of within sixty days of the signing of this Act. Any individual who is senat"!"^^"'^ '° serving as a member of the Atomic Energy Commission at the time of the enactment of this Act, and who may be appointed by the President to the Commission, shall be appointed for a term designated by the President, but which term shall terminate not later than the end of his present term as a member of the Atomic Energy (Commission, without regard to the requirements of subsection (b)(2) of this section. Any subsequent appointment of such individuals shall be subject to the provisions of this section. (e) Any member of the Commission may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. No member of the Commission shall engage in any business, vocation, or employment other than that of serving as a member of the Commission. (f) There are hereby transferred to the (Commission all the licensing Transfer of AEC and related regulatory functions of the Atomic Energy Commission, pe"sonnei.''"'^ the Chairman and members of the Commission, the General Counsel, and other officers and components of the Commission—which functions officers, components, and personnel are excepted from the transfer to the Administrator by section 104(c) of this Act. (g) In addition to other functions and personnel transferred to the ^ Additional transfers. Commission, there are also transferred to the (Commission— (1) the functions of the Atomic Safety and Licensing Board Panel and the Atomic Safety and Licensing Appeal Board; (2) such personnel as the Director of the Office of Management and Budget determines are necessary for exercising responsibili-

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42 USC 2011

note

PUBLIC LAW 93-438-OCT. 11, 1974

[88 STAT.

ties under section 205, relating to, research, for the purpose of confirmatory assessment relating to licensing and other regulation under the provisions of the Atomic Energy Act of 1954, as amended, and of this Act. L I C E N S I N G A N D RELATED REGULATORY F U N C T I O N S RESPECTING ADMINISTRATION FACILITIES

SELECTED

42 USC 5842.

g^^^ gQg. Notwithstanding the exclusions provided for in section 110 a. or any other provisions of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2140(a)), the Nuclear Regulatory Commission shall, except as otherwise specifically provided by section 110 b. of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2140(b)), or other law, have licensing and related regulatory authority pursuant 2 09^'^2Tii^°2i3i. to chapters 6, 7, 8, and 10 of the Atomic Energy Act of 1954, as amended, as to the following facilities of the Administration: (1) Demonstration Liquid Metal Fast Breeder reactors when operated as part of the power generation facilities of an electric utility system, or when operated in any other manner for the purpose of demonstrating the suitability for commercial application of such a reactor. (2) Other demonstration nuclear reactors—except those in existence on the effective date of this Act—when operated as part of the power generation facilities of an electric utility system, or when operated in any other manner for the purpose of demonstrating the suitability for commercial application of such a reactor. (3) Facilities used primarily for the receipt and storage of high-level radioactive wastes resulting from activities licensed under such Act. (4) Retrievable Surface Storage Facilities and other facilities authorized for the express purpose of subsequent long-term storage of high-level radioactive waste generated by the Administration, which are not used for, or are part of, research and development activities. OFFICE OF N U C L E A R REACTOR REGULATION

42 USC^5'8T3"'" Director. '

Functions.

42 USC 2011 note.

^^^- ^^^' (^) There is hereby established in the Commission an OfRcc of Nuclcar Reactor Regulation under the direction of a Director of Nuclear Reactor Regulation, who shall be appointed by the Commission, who may report directly to the Commission, as provided in section 209, and who shall serve at the pleasure of and be removable by the Commission. (b) Subject to the provisions of this Act, the Director of Nuclear Reactor Regulation shall perform such functions as the Commission shall delegate including: (1) Principal licensing and regulation involving all facilities, and materials licensed under the Atomic Energy Act of 1954, as amended, associated with the construction and operation of nuclear reactors licensed under the Atomic Energy Act of 1954, as amended; (2) Review the safety and safeguards of all such facilities, materials, and activities, and such review functions shall include, but not be limited to—

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(A) monitoring, testing and recommending upgrading of systems designed to prevent substantial health or safety hazards; and (B) evaluating methods of transporting special nuclear and other nuclear materials and of transporting and storing high-level radioactive wastes to prevent radiation hazards to employees and the general public. (3) Recommend research necessary for the discharge of the functions of the Commission. (c) Nothing in this section shall be construed to limit in any way the functions of the Administration relating to the safe operation of all facilities resulting from all activities within the jurisdiction of the Administration pursuant to this Act. OFFICE OF N U C L E A R MATERIAL SAFETY AND SAFEGUARDS E a SEC. 204. (a) There is hereby established in the Commission an 42s t u b lei s h m e n t. s 5844. Office of Nuclear Material Safety and Safeguards under the direction of a Director of Nuclear Material Safety and Safeguards, who shall be appointed by the Commission, who may report directly to the Commission as provided in section 29, and who shall serve at the pleasure of and be removable by the Commission. (b) Subject to the provisions of this Act, the Director of Nuclear F u n c t i o n s. Material Safety and Safeguards shall perform such functions as the Commission shall delegate including: (1) Principal licensing and regulation involving all facilities and materials, licensed under the Atomic Energy Act of 1954, as n o42. u s e 2011 te amended, associated with the processing, transport, and handling of nuclear materials, including the provision and maintenance of safeguards against threats, thefts, and sabotage of such licensed facilities, and materials. (2) Eeview safety and safeguards of all such facilities and materials licensed under the Atomic Energy Act of 1954, as amended, and such review shall include, but not be limited to— (A) monitoring, testing, and recommending upgrading of internal accounting systems for special nuclear and other nuclear materials licensed under the Atomic Energy Act of 1954, as amended; (B) developing, in consultation and coordination with the Administration, contingency plans for dealing with threats, thefts, and sabotage relating to special nuclear materials, high-level radioactive wastes and nuclear facilities resulting from all activities licensed under the Atomic Energy Act of 1954, as amended; (C) assessing the need for, and the feasibility of, establishing a security agency within the office for the performance of the safeguards functions, and a report with recommenda- r^J^Z°l\^° e ongress, tions on this matter shall be prepared within one year of the effective date of this Act and promptly transmitted to the Congress by the Commission. (3) Recommending research to enable the Commission to more effectively perform its functions. (c) Nothing in this section shall be construed to limit in any way the functions of the Administration relating to the safeguarding of special nuclear materials, high-level radioactive wastes and nuclear

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Rh the goal, handicapped as they were by a useless man, who was more or less in the way.

The cord was stretched across the water, and both boats shot under the bridge at what seemed to be the same time.

Which had won?

Immediately a dispute arose between the adherents of both schools.

"It's Clifford's race!" shouted some.

"Columbia was just a foot ahead when they reached the string! Columbia wins!" challenged others, ready to stick up for their colors to the end.

"Leave it with the umpire! What's the matter with his decision? That's what he's here for!" cried still others.

Great was the suspense while the committee gathered together to talk it over and render a decision, based upon what the umpire said, and their own observations; for they had been holding the two ends of that cord, and ought to know what the result must be.

"Look! there's Colonel Sharpe climbing up on the bridge. He's at the head of the committee, and he's going to announce the winner!" called one man.

The crowd at first applauded wildly, for they wanted to know what had been the decision of that committee, formed of citizens from each town.

"Silence!"


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[88

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facilities resulting from all activities within the jurisdiction of the Administration pursuant to this Act. OFFICE OF N U C L E A R REGULATORY Establishment. 42 USC 5845. Director.

Cooperation of Federal agencies.

Information and research services.

RESEARCH

S E C 205. (a) There is hereby established in the Commission an Office of Nuclear Regulatory Research under the direction of a Director of Nuclear Regulatory Research, who shall be appointed by the Commission, who may report directly to the Commission as provided in section 209, and who shall serve at the pleasure of and be removable by the Commission. (b) Subject to the provisions of this Act, the Director of Nuclear Regulatory Research shall perform such functions as the Commission shall delegate including: (1) Developing recommendations for research deemed necessary for performance by the Commission of its licensing and related regulatory functions. (2) Engaging in or contracting for research which the Commission deems necessary for the performance of its licensing and related regulatory functions. (c) The Administrator of the Administration and the head of every other Federal agency shall— (1) cooperate with respect to the establishment of priorities for the furnishing of such research services as requested by the Commission for the conduct of its functions; (2) furnish to the Commission, on a reimbursable basis, through their own facilities or by contract or other arrangement, such research services as the Commission deems necessary and requests for the performance of its functions; and (3) consult and cooperate with the Commission on research and development matters of mutual interest and provide such information and physical access to its facilities as will assist the Commission in acquiring the expertise necessary to perform its licensing and related regulatory functions. (d) Nothing in subsections (a) and (b) of this section or section 201 of this Act shall be construed to limit in any way the functions of the Administration relating to the safety of activities within the jurisdiction of the Administration. (e) Each Federal agency, subject to the provisions of existing law, shall cooperate with the Commission and provide such information and research services, on a reimbursable basis, as it may have or be reasonably able to acquire. NONCOMPLIANCE

42 USC 5846.

42 USC 2011 note.

SEC. 206. (a) Any individual director, or responsible officer of a firm constructing, owning, operating, or supplying the components of any facility or activity which is licensed or otherwise regulated pursuant to the Atomic Energy Act of 1954 as amended, or pursuant to this Act, who obtains information reasonably indicating that such facility or activity or basic components supplied to such facility or activity— (1) fails to comply with the Atomic Energy Act of 1954, as amended, or any applicable rule, regulation, order, or license of the Commission relating to substantial safety hazards, or (2) contains a defect which could create a substantial safety hazard, as defined by regulations which the Commission shall promulgate,

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 {| width="100%"
 * - valign="top"
 * 1893 || Laurie, M. The Anatomy and Relations of the Eurypteridae. Roy. Soc. Edinburgh Trans. 37:509
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 * 1893 || Whitfield, R. P. Geol. Sur. Ohio Rep't, v. 7
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 * 1894 || Claypole, E. W. A New Species of Carcinosoma. American Geologist, 13:77
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 * 1894 || Laurie, M. On the Morphology of the Pedipalpi. Linnean Soc. Zool. Jour. 25:19
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 * 1894 || Kingsley, J. S. The Classification of the Arthropoda. American Naturalist, v. 28
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 * 1894 || Bernard, H. M. The Systematic Position of the Trilobites. Geol. Soc. Quar. Jour. 50:411
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 * 1894 || Patten, W. On the Morphology and Physiology of the Brain and Sense Organs of Limulus. Micr. Sci. Quar. Jour. n. s. 35:1
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 * 1895 || Brauer, Aug. Beiträge zur Kenntniss der Entwicklungsgeschichte des Skorpions. II. Zeitschr. f. wiss. Zool. 59:351
 * - valign="top"
 * 1895 || Bernard, H. M. Supplementary Notes on the Systematic Position of the Trilobites. Geol. Soc. Quar. Jour. 51:352
 * - valign="top"
 * 1895 || Woodward, H. Some Points in the Life-history of the Crustacea in Early Palaeozoic Times. Presidential Address. Geol. Soc. Quar. Jour. 51:1xx
 * - valign="top"
 * 1896 || Bernard, H. M. The Comparative Morphology of the Galeodidae. Linnean Soc. Lond. Trans. ser. 2, v. 6, pt 4, p. 305
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 * 1896 || Holm, G. Ueber eine neue Bearbeitung des Eurypterus Fischeri Eichw. Acad. Imp. Sci. Bul. St Pétersbourg, ser. 5. 4:369
 * - valign="top"
 * 1896 || Miller, S. A., & Gurley, W. F. E. New Species of Echinodermata and a New Crustacean from the Palaeozoic Rocks. Illinois State Mus. Bul. 10
 * - valign="top"
 * 1897 || Holm, G. Om förekomsten af en Pterygotus i Dalarnes Öfversilur. Geol. För. i Stockholm Förh. 19:475
 * - valign="top"
 * 1898 || —————— Ueber die Organisation des Eurypterus Fischeri Eichw. Mém. de l'Acad. Imp. Sci. de St Pétersb. ser. 8, v. 8, no. 2
 * - valign="top"
 * 1898 || Semper, M. Die Gigantostraken des älteren böhmischen Palaozoicum. Beiträge zur Palaontologie u. Geologie Oesterreich-Ungarns u. d. Orients. Bd. II, p. 71
 * - valign="top"
 * 1898 || Bishop, I. P. The Structural and Economic Geology of Erie County. N. Y. Geol. Sur. Rep't 1895. 2:340
 * - valign="top"
 * 1899 || McCoy, Fred. Note on a New Australian Pterygotus. Geol. Mag. n. s. dec. 4, 6:193
 * - valign="top"
 * 1899 || Laurie, M. On a Silurian Scorpion and some additional Eurypterid Remains from the Pentland Hills. Roy. Soc. Edinburgh Trans. v. 39, pt 3, p. 575
 * - valign="top"
 * 1899 || Holm, G. Palaeontologiska notiser 13. Om den yttre anatomien hos Eurypterus Fischeri. Geol. För. i Stockholm För. Bd. 21, p. 83
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shall immediately notify the Commission of such failure to comply, or of such defect, unless such person has actual knowledge that the Commission has been adequately informed of such defect or failure to comply. (b) Any person who knowingly and consciously fails to provide Penalty. the notice required by subsection (a) of this section shall be subject to a civil penalty in an amount equal to the amount provided by 42 USC 2282. section 234 of the Atomic Energy Act of 1954, as amended. (c) The requirements of this section shall be prominently posted Posting of reon the premises of any facility licensed or otherwise regulated ''"""^""'" ^^ pursuant to the Atomic Energy Act of 1954, as amended. 42 USC 2011 te. (d) The Commission is authorized to conduct such reasonable n oEnforcements inspections and other enforcement activities as needed to insure compliance with the provisions of this section. NUCLEAR ENERGY CENTER SITE

SURVEY

SEC. 207. (a)(1) The Commission is authorized and directed to " ^ ^^*^ ^^'*^^ make or cause to be made under its direction, a national survey, which shall include consideration of each of the existing or future electric reliability regions, or other appropriate regional areas, to locate and identify possible nuclear energy center sites. This survey shall be Federarstateconducted in cooperation with other interested Federal, State, and """^ coopera ion. local agencies, and the views of interested persons, including electric utilities, citizens' groups, and others, shall be solicited and considered. (2) For purposes of this section, the term "nuclear energy center Definition. site" means any site, including a site not restricted to land, large enough to support utility operations or other elements of the total nuclear fuel cycle, or both including, if appropriate, nuclear fuel reprocessing facilities, nuclear fuel fabrication plants, retrievable nuclear waste storage facilities, and unranium enrichment facilities. (3) The survey shall include— (a) a regional evaluation of natural resources, including land, air, and water resources, available for use in connection with nuclear energy center sites; estimates of future electric power requirements that can be served by each nuclear energy center site; an assessment of the economic impact of each nuclear energy site; and consideration of any other relevant factors, including but not limited to population distribution, proximity to electric load centers and to other elements of the fuel cycle, transmission line rights-of-way, and the availability of other fuel resources; (b) an evaluation of the environmental impact likely to result from construction and operation of such nuclear energy centers, including an evaluation whether such nuclear energy centers will result in greater or lesser environmental impact than separate siting of the reactors and/or fuel cycle facilities; and (c) consideration of the use of federally owned property and other property designated for public use, but excluding national parks, national forests, national wilderness areas, and national historic monuments. (4) A report of the results of the survey shall be published and Report to transmitted to the Congress and the Council on Environmental Qual- eounciron^nviity not later than one year from the date of the enactment of this ronmentai Quality; Act and shall be made available to the public, and shall be updated abnuy."'"''" from time to time thereafter as the Commission, in its discretion, deems advisable. The report shall include the Commission's evaluation of the results of the survey and any conclusions and recommendations, including recommendations for legislation, which the Commission may have concerning the feasibility and practicality of locating nuclear power reactors and/or other elements of the nuclear fuel cycle

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on nuclear energy center sites. The Commission is authorized to adopt policies which will encourage the location of nuclear power reactors and related fuel cycle facilities on nuclear energy center sites insofar as practicable. ABNORMAL OCCURRENCE Reports to Congress. 42 USC 5848. 42 USC 2011 note.

Public d i s semination of information.

REPORTS

SEC. 208. The Commission shall submit to the Congress each quarter a report listing for that period any abnormal occurrences at or associated with any facility which is licensed or otherwise regulated pursuant to the Atomic Energy Act of 1954 as amended, or pursuant to this Act. For the purposes of this section an abnormal occurrence is an unscheduled incident or event which the Commission determines is significant from the standpoint of public health or safety. Nothing in the preceding sentence shall limit the authority of a court to review the determination of the Commission. Each such report shall contain— (1) the date and place of each occurrence; (2) the nature and probable consequence of each occurrence; (3) the cause or causes of each; and (4) any action taken to prevent reoccurrence; the Commission shall also provide as wide dissemination to the public of the information specified in clauses (1) and (2) of this section as reasonably possible within fifteen days of its receiving information of each abnormal occurrence and shall provide as wide dissemination to the public as reasonably possible of the information specified in clauses (3) and (4) as soon as such information becomes available to it. OTHER OFFICERS

Executive Director. 42 USC 5849. Functions.

Other officers.

42 USC 2201,

SEC. 209. (a) The Commission shall appoint an Executive Director for Operations, who shall serve at the pleasure of and be removable by the Commission. (b) The Executive Director shall perform such functions as the Commission may direct, except that the Executive Director shall not limit the authority of the director of any component organization provided in this Act to communicate with or report directly to the Commission when such director of a component organization deems it necessary to carry out his responsibilities. (c) There shall be in the Commission not more than five additional officers appointed by the Commission. The positions of such officers shall be considered career positions and be subject to subsection 161 d. of the Atomic Energy Act. TITLE III — M I S C E L L A N E O U S AND T R A N S I T I O N A L PROVISIONS TRANSITIONAL PROVISIONS

L a p s e s of agenc i e s and p o s i tions. 42 USC 5871

SEC. 301. (a) Except as otherwise provided in this Act, whenever all of the functions or programs of an agency, or other body, or any component thereof, affected by this Act, have been transferred from that agency, or other body, or any component thereof by this Act, the agency, or other body, or component thereof shall lapse. If an agency, or other body, or any component thereof, lapses pursuant to the preceding sentence, each position and office therein which was expressly authorized by law, or the incumbent of which was authorized to receive compensation at the rate prescribed for an office or position at level II, III, IV, or V of the Executive Schedule (5 U.S.C. 5313-5316), shalllapse.

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PUBLIC LAW 9 3 - 4 3 8 - O C T. 11, 1974

(b) All orders, determinations, rules, regulations, permits, contracts, certificates, licenses, and privileges—• (1) which have been issued, made, granted, or allowed to become effective by the President, any Federal department or agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred under this Act, and (2) which are in effect at the time this Act takes effect, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked by the President, the Administrator, the Commission, or other authorized officials, a court of competent jurisdiction, or by operation of law, (c) The provisions of this Act shall not affect any proceeding pending, at the time this section takes effect, before the Atomic Energy Commission or any department or agency (or component thereof) functions of which are transferred by this Act; but such proceedings, to the extent that they relate to functions so transferred, shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued if this Act had not been enacted. (d) Except as provided in subsection (f) — (1) the provisions of this Act shall not affect suits commenced prior to the date this Act takes effect, and (2) in all such suits proceedings shall be had, appeals taken, and judgments rendered, in the same manner and effect as if this Act had not been enacted. (e) No suit, action, or other proceeding commenced by or against any officer in his official capacity as an officer of any department or agency, functions of which are transferred by this Act, shall abate by reason of the enactment of this Act. No cause of action by or against any department or agency, functions of which are transferred by this Act, or by or against any officer thereof in his official capacity shall abate by reason of the enactment of this Act. Causes of actions, suits, actions, or other proceedings may be asserted by or against the United States or such official as may be appropriate and, in any litigation pending when this section takes effect, the court may at any time, on its own motion or that of any party, enter any order which will give effect to the provisions of this section. (f) If, before the date on which this Act takes effect, any department or agency, or officer thereof in his official capacity, is a party to a suit, and under this Act any function of such department, agency, or officer is transferred to the Administrator or Commission, or any other official, then such suit shall be continued as if this Act had not been enacted, with the Administrator or Commission, or other official, as the case may be, substituted. (g) Final orders and actions of any official or component in the performance of functions transferred by this Act shall be subject to judicial review to the same extent and in the same manner as if such orders or actions had been made or taken by the officer, department, agency, or instrumentality in the performance of such functions immediately preceding the effective date of this Act. Any statutory requirements relating to notices, hearings, action upon the record, or administrative review that apply to any function transferred by

1249

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[88 STAT.

this Act shall apply to the performance of those functions by the Administrator or Commission, or any officer or component. (h) With respect to any function transferred by this Act and performed after the effective date of this Act, reference in any other law to any department or agency, or any officer or office, the functions of which are so transferred, shall be deemed to refer to the Administration, the Administrator or Commission, or other office or official in which this Act vests such functions. (i) Nothing contained in this Act shall be construed to limit, curtail, abolish, or terminate any function of the President which he had immediately before the effective date of this Act; or to limit, curtail, abolish, or terminate his authority to perform such function; or to limit, curtail, abolish, or terminate his authority to delegate, redelegate, or terminate any delegation of functions. (j) Any reference in this Act to any provision of law shall be deemed to include, as appropriate, references thereto as now or hereafter amended or supplemented. (k) Except as may be otherwise expressly provided in this Act, all fiuictions expressly conferred by this Act shall be in addition to and not in substitution for functions existing immediately before the effective date of this Act and transferred by this Act. TRANSFER OF P E R S O N N E L A N D OTHER MATTERS 42 USC 5872.

5 USC 5301,

SEC. 302. (a) Except as provided in the next sentence, the personnel employed in connection with, and the personnel positions, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available to or to be made available in connection with the functions and programs transferred by this Act, are, subject to section 202 of the Budget and Accounting Procedures Act of 1050 (31 II.S.C. 581c), correspondingly transferred for appropriate allocation. Personnel positions expressly created by law, personnel occupying those positions on the effective date of this Act, and personnel authorized to receive compensation at the rate prescribed for offices and positions at levels II, III, IV, or V of the Executive Schedule (5 U.S.C. 5313-5316) on the effective date of this Act shall be subject to the provisions of subsection (c) of this section and section 301 of this Act. (b) Except as provided in subsection (c), transfer of nontemporary personnel pursuant to this Act shall not cause any such employee to be separated or reduced in grade or compensation for one year after such transfer. (c) Any person who, on the effective date of this Act, held a position compensated in accordance with the Executive Schedule prescribed in chapter 53 of title 5 of the United States Code, and who, without a break in service, is appointed in the Administration to a position having duties comparable to those performed immediately preceding his appointment shall continue to be compensated in his new position at not less than the rate provided for his previous position. I N C I D E N T A L DISPOSITIONS

42 USC 5873.

SEC. 303. The Director of the Office of Management and Budget is authorized to make such additional incidental dispositions of personnel, personnel positions, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to or to be

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STAT.]

PUBLIC LAW 93-438-OCT. 11, 1974

1251

made available in connection with functions transferred by this Act, as he may deem necessary or appropriate to accomplish the intent and purpose of this Act. DEFINITIONS

SEC. 304. As used in this Act— (1) any reference to "function" or "functions" shall be deemed to include references to duty, obligation, power, authority, responsibility, right, privilege, and activity, or the plural thereof, as the case may be; and (2) any reference to "perform" or "performance", when used in relation to functions, shall be deemed to include the exercise of power, authority, rights, and privileges.

^2 USC 5874.

A i r r H O R I Z A T I O N OF APPROPRIATIONS

SEC. 305. (a) Except as otherwise provided by law, appropriations made under this Act shall be subject to annual authorization. (b) Authorization of appropriations to the Commission shall reflect the need for effective licensing and other regulation of the nuclear power industry in relation to the growth of such industry.

42 USC 5875.

COMPTROLLER GENERAL A U D I T

SEC. 30. (a) Section 166. "Comptroller General Audit" of the ^^ use 5876. Atomic Energy Act of 1954, as amended, shall be deemed to be ap- "^ ^^^ ^^°^^ plicable, respectively, to the nuclear and nonnuclear activities under title 1 and to the activities under title II. ^2^2!^' ^^" ^"'' (b) The Comptroller General of the United States shall audit, review, and evaluate the implementation of the provisions of title II of this Act by the Nuclear Safety and Licensing Commission not later than sixty months after the effective date of this Act, the Comptroller General shall prepare and submit to the Congress a Report to roport on his audit, which shall contain, but not be limited to— Congress. (1) an evaluation of the effectiveness of the licensing and related regulatory activities of the Commission and the operations of the Office of Nuclear Safety Kesearch and the Bureau of Nuclear Materials Security; (2) an evaluation of the effect of such Commission activities on the efficiency, effectiveness, and safety with which the activities licensed under the Atomic Energy Act of 1954, as amended, are n o42. u s e 2011 te carried out; (3) recommendations concerning any legislation he deems necessary, and the reasons therefor, for improving the implementation of title II. REPORTS

SEC. 307. (a) The Administrator shall, as soon as practicable after the end of each fiscal year, make a report to the President for submission to the Congress on the activities of the Administration during the preceding fiscal year. Such report shall include a statement of the short-range and long-range goals, priorities, and plans of the Administration together with an assessment of the progress made toward the attainment of those objectives and toward the more effective and efficient management of the Administration and the coordination of its functions. (b) During the first year of operation of the Administration, the Administrator, in collaboration with the Secretary of Defense, shall conduct a thorough review of the desirability and feasibility of trans-

p^^^fd^j^^t 3°^*"'' Congress. '^^ ^^'^ ^^'^'^^

Feasibility oi trry^^ppYkrltTon' functions.

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Page:United States Statutes at Large Volume 88 Part 1.djvu/1296

 1252

Report to President.

PUBLIC LAW 93-438-OCT. 11, 1974

[88 STAT.

ferring to the Department of Defense or other Federal agencies the functions of the Administrator respecting military application and restricted data, and within one year after the Administrator first takes office the Administrator shall make a report to the President, for submission to the Congress, setting forth his comprehensive analysis, the principal alternatives, and the specific recommendations of the Administrator and the Secretary of Defense. (c) The Commission shall, as soon as practicable after the end of each fiscal year, make a report to the President for submission to the Congress on the activities of the Commission during the preceding fiscal year. Such report shall include a clear statement of the short-range and long-range goals, priorities, and plans of the Commission as they relate to the benefits, costs, and risks of commercial nuclear power. Such report shall also include a clear description of the Commission's activities and findings in the following areas— (1) insuring the safe design of nuclear powerplants and other licensed facilities; (2) investigating abnormal occurrences and defects in nuclear powerplants and other licensed facilities; (3) safeguarding special nuclear materials at all stages of the nuclear fuel cycle; (4) investigating suspected, attempted, or actual thefts of special nuclear materials in the licensed sector and developing contingency plans for dealing with such incidents; (5) insuring the safe, permanent disposal of high-level radioactive wastes through the licensing of nuclear activities and facilities; (6) protecting the public against the hazards of low-level radioactive emissions from licensed nuclear activities and facilities. INFORMATION TO COMMITTEES

42 USC 5878.

SEC. 308. The Administrator shall keep the appropriate congressional committees fully and currently informed with respect to all of the Administration's activities. TRANSFER OF FUNDS

42 USC 5879.

SEC. 309. The Administrator, when authorized in an appropriation Act, may, in any fiscal year, transfer funds from one appropriation to another within the Administration; except, that no appropriation shall be either increased or decreased pursuant to this section by more than 5 per centum of the appropriation for such fiscal year. CONFORMING AMENDMENTS TO CERTAIN OTHER LAWS

5 USC 5313.

5 USC 5314.

SEC. 310. Subchapter II (relating to Executive Schedule pay rates) of chapter 53 of title 5, United States Code, is amended as follows: (1) Section 5313 is amended by striking out "(8) Chairman, Atomic Energy Commission." and inserting in lieu thereof "(8) Chairman, Nuclear Regulatory Commission.", and by adding at the end thereof the following: "(22) Administrator of Energy Research and Development Administration.". (2) Section 5314 is amended by striking out "(42) Members, Atomic Energy Commission." and inserting in lieu thereof "(42) Members, Nuclear Regulatory Commission.", and by adding at the end thereof the following: "(60) Deputy Administrator, Energy Research and Development Administration.".

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STAT.]

PUBLIC LAW 93-438-OCT. 11, 1974

(3) Section 5315 is amended by striking out paragraph (50), and by adding at the end thereof the following: "(100) Assistant Administrators, P]nergy Research and Development Administration (6). "(101) Director of Nuclear Reactor Regulation, Nuclear Regulatory Commission. "(102) Director of Nuclear Material Safety and Safeguards, Nuclear Regulatory Commission. "(103) Director of Nuclear Regulatory Research, Nuclear Regulatory Commission. "(104) Executive Director for Operations, Nuclear Regulatory Commission." (4) Section 5316 is amended by striking out paragraphs (29), (62), (69), and (102), by striking out "(81) General Counsel of the Atomic Energy Commission," and inserting in lieu thereof "(81) General Counsel of the Nuclear Regulatory Commission.", and by adding at the end thereof the following: "(134) General Counsel, Energy Research and Development Administration. "(135) Additional officers. Energy Research and Development Administration (8). "(136) Additional officers. Nuclear Regulatory Commission (5).".

1253 5 USC 5315.

^ ^^^ 5316.

SEPARABILITY

SEC. 311. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of this Act, and the application of such provision to other persons or circumstances, shall not be affected thereby.

42 USC 5801 note.

EFFECTIVE DATE AND INTERIM APPOINTMENTS

SEC. 312. (a) This Act shall take effect one hundred and twenty ^^^2 USC ssoi days after the date of its enactment, or on such earlier date as the President may prescribe and publish in the Federal Register; except Publication in that any of the officers provided for in title I of this Act may be "^ ^^^ ^^^^ ^'^' "" nominated and appointed, as provided by this Act, at any time after the date of enactment of this Act. Funds available to any department or agency (or any official or component thereof), any functions of which are transferred to the Administrator and the Commission by this Act, may, wath the approval of the President, be used to pay the compensation and expenses of any officer appointed pursuant to this subsection until such time as funds for that purpose are otherwise available. (b) In the event that any officer required by this Act to be appointed by and with the advice and consent of the Senate shall not have entered upon office on the effective date of this Act, the President may designate any officer, whose appointment was required to be made by and with the advice and consent of the Senate and who was such an officer immediately prior to the effective date of this Act, to act in such office until the office is filled as provided in this Act. While so acting, such persons shall receive compensation at the rates provided by this Act for the respective offices in which they act.

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[88 STAT.

TITLE IV—SEX DISCRIMINATION SEX DISCRIMINATION PROHIBITED

42 USC 5891.

42 USC 2oood.

g^^^ ^Q^ -^Q person shall on the ground of sex be excluded from participation in, be denied a license under, be denied the benefits of, or be subjected to discrimination under any program or activity carried on or receiving Federal assistance under any title of this Act. This provision will be enforced through agency provisions and rules similar to those already established, with respect to racial and other discrimination, under title VI of the Civil Rights Act of 1964. However, this remedy is not exclusive and will not prejudice or cut o& any othei' legal remedies available to a discriminatee. Approved October 11, 1974. Public Law 93-439

October 11, 1974 [H.R. 11546]

AN ACT rj,^ authorize the establishment of the Big Thicket National Preserve in the State of Texas, and for other purposes.

Be it enacted by the Senate and House of Representatives of the Na^ionli'P!United States of America m Congress assembled, That (a) in order to serve, Tex. assuTC the proservation, conservation, and protection of the natural, Establishment, sceulc, and red'eatioiial values of a significant portion of the Big Thicket area in the State of Texas and to provide for the enhancement and public enjoyment thereof, the Big Thicket National Pi-eserve is hereby established. Map and^de-^ ^j^^ ^ h e Big Thickct Natloual Preserve (hereafter referred to as the "preserve") shall include the units generally depicted on the map entitled "Big Thicket National Preserve'", dated November 1978 and numbered N B R - B T 91,027 which shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior, AVashington, District of Columbia, and shall be filed with appropriate offices of Tyler, Hardin, Jasper, Polk, Liberty, Publication in Jefl'erson, and Orange Counties in the State of Texas. The Secretary Federal Register. of the Interior (hereafter referred to as the "Secretary") shall, as soon as practicable, but no later than six months after the date of enactment of this Act, publish a detailed description of the boundaries of the preserve in the Federal Register. In establishing such boundaries, the Secretary shall locate stream corridor unit boundaries referenced from the stream bank on each side thereof and he shall further make every reasonable effort to exclude from the units hereafter described any improved year-round I'esidential properties which he determines, in his discretion, are not necessary for the protection of the values of the area or for its proper administration. The preserve shall consist of the following units: Big Sandy Creek unit, Polk County, Texas, comprising approximately fourteen thousand three hundred acres;

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Page:United States Statutes at Large Volume 88 Part 1.djvu/1299

 88

PUBLIC LA\^ 93-439-OCT. 11, 1974

STAT.]

1255

Menard Creek Corridor unit, Polk, Hardin, and Liberty Counties, Texas, including a module at its confluence with the Trinity River, comprising approximately three thousand three hundred and fifty-nine acres; Hickory Creek Savannah unit, Tyler County, Texas, comprising approximately six hundred and sixty-eight acres; Turkey Creek unit, Tyler and Hardin Counties, Texas, comprising approxinuitely seven thousand eight hundred acres; Beech Creek unit, Tyler County, Texas, comprising approximately four thousand eight hundred and fifty-six acres; Upper Neches River corridor unit, Jasper, Tyler, and Hardin Counties, Texas, including the Sally Withers Addition, comprising approximately three thousand seven hundred and seventyfive acres; Neches Bottom and Jack Gore Baygall unit, Hardin and Jasper Counties, Texas, comprising approximately thirteen thousand three hundred acres; Lower Neches River corridor unit, Hardin, Jasper, and Orange Counties, Texas, except for a one-mile segment on the east side of the river including the site of the papermill near Evadale, comprising approximately tw'o thousand six hundred acres; Beaumont unit. Orange, Hardin, and Jefferson Counties, Texas, comprising approximately six thousand tw'o hundred and eighteen acres; Loblolly unit. Liberty Coimty, Texas, comprising approximately five hundred and fifty acres; Little Pine Island-Pine Island Bayou corridor unit, Hardin and Jefferson Counties, Texas, comprising approximately two thousand one hundred acres; and Lance Rosier Unit, Hardin County, Texas, comprising approximately twenty-five thousand and twenty-four acres, (c) The Secretary is authorized to acquire by donation, purchase tion!" '''"'"'^" with donated or appropriated funds, transfer from any other Federal agency, or exchange, any lands, waters, or interests therein which are located within the boundaries of the preserve: Provided, That any lands owned or acquired by the State of Texas, or any of its political subdivisions, may be acquired by donation only. After notifying the ^"^^'^'^ '° '^°"x~w

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Committees on Interior and Insular Affairs of the United States Con- mittees. gress, in writing, of his intention to do so and of the reasons therefor, the Secretary may, if he finds that such lands would make a significant contribution to the purposes for which the preserve was created, accept title to any lands, or interests in lands, located outside of the boundaries of the preserve which the State of Texas or its political subdivisions may acquire and offer to donate to the United States or which any private person, organization, or public or private corporation may offer to donate to the United States and he may administer such lands as a part of the preserve after publishing notice to that effect in the Fe^e^a\''Re'°fsi",. Federal Register. Notwithstanding any other provision of law, any federally owned lands within the preserve shall, with the concurrence

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Page:United States Statutes at Large Volume 88 Part 1.djvu/1300

 1256

Acquisition "T6°usc°698a.

Land acquisition plan, s u b -

PUBLIC LAW 93-439-OCT. 11, 1974

[88 STAT.

of the head of the administering agency, be transferred to the administrative jurisdiction of the Secretary for the purposes of this Act, without transfer of funds. SEC. 2. (a) The Secretary shall, immediately after the publication of ^lie bouudarics of the preserve, commence negotiations for the acquisition of the lands located therein: Provided, That he shall not acquire the mineral estate in any property or existing easements for public utilities, pipelines or railroads without the consent of the owner unless, in his judgment, he first determines that such property or estate is subject to, or threatened with, uses which are, or would be, detrimental to the purposes and objectives of this Act: Provided further, That the Secretary, insofar as is reasonably possible, may avoid the acquisition of improved properties, as defined in this Act, and shall make every effort to minimize the acquisition of land where he finds it necessary to acquire properties containing improvements. r^\ Withiu ouc year after the date of the enactment of this Act, ^

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mittai to congres- the feccretary shall submit, m writing, to the (yommittee on Interior sionai com,^^^ lusular Affairs and to the Committees on Appropriations of the United States Congress a detailed plan which shall indicate: (i) the lands and areas which he deems essential to the protection and public enjoyment of this preserve, (ii) the lands which he has previously acquired by purchase, donation, exchange or transfer for administration for the purpose of this preserve, and (iii) the annual acquisition program (including the level of funding) which he recommends for the ensuing five fiscal years. da^eT^^*"'°" (c) I t is the express intent of the Congress that the Secretary should substantially complete the land acquisition program contemplated by this Act within six years after the date of its enactment. erf.'^reunuon"' SEC. 3. (a) The owucr of au improved property on the date of its rights. acquisition by the Secretary may, as a condition of such acquisition, 16 USC 698b. retain for himself and his heirs and assigns a right of use and occupancy of the improved property for noncommercial residential purposes for a definite term of not more than twenty-five years or, in lieu thereof, for a term ending at the death of the owner or the death of his spouse, whichever is later. The owner shall elect the term to be reserved. Unless this property is wholly or partially donated to the United States, the Secretary shall pay the owner the fair market value of the property on the date of acquisition less the fair market value, on that date, of the right retained by the owner. A right retained pursuant to this section shall be subject to termination by the Secretary upon his determination that it is being exercised in a manner inconsistent with the purposes of this Act, and it shall terminate by operation of law upon the Secretary's notifying the holder of the right of such determination and tendering to him an amount equal to the fair market value of that portion of the right which remains unexpired. erty detached, one-family dwelling, construction of which was begun before July 1, 1973, which is used for noncommercial residential purposes, together with not to exceed three acres of land on which the dwelling is situated and together with such additional lands or interests therein as the Secretary deems to be reasonably necessary for access thereto, such lands being in the same ownership as the dwelling, together with any structures accessory to the dwelling which are situated on such land. (c) Whenever an owner of property elects to retain a right of use and occupancy as provided in this section, such owner shall be deemed to have waived any benefits or rights accruing under sections 203, 204, 205, and 206 of the Uniform Relocation Assistance and Real Property
 * nmproved prop^{3^ ^ g viscd ill tlus Act, the term "improved property" means a

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Page:United States Statutes at Large Volume 88 Part 1.djvu/1301

 88 STAT. ]

PUBLIC LAW 93-439-OCT. 11, 1974

1257

Acquisition Policies Act of 1970 (84 Stat. 1894), and for the purposes of such sections such owner shall not be considered a displaced person as defined in section 101(6) of such Act. SEC. 4. (a) The area within the boundaries depicted on the map referred to in section 1 shall be known as the Big Thicket National Preserve. Such lands shall be administered by the Secretary as a unit of the National Park System in a manner which will assure their natural and ecological integrity in perpetuity in accordance with the provisions of this Act and with the provisions of the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1-4), as amended and supplemented. (b) I n the interest of maintaining the ecological integrity of the preserve, the Secretary shall limit the construction of roads, vehicular campgrounds, employee housing, and other j^ublic use and administrative facilities and he shall promulgate and publish such rules and regulations in the Federal Register as he deems necessary and appropriate to limit and control the use of, and activities on. Federal lands and waters with respect to: (1) motorized land and water vehicles; (2) exploration for-, and extraction of, oil, gas, and other minerals; (3) new construction of any kind; (4) grazing and agriculture; and (5) such other uses as the Secretary determines must be limited or controlled in order to carry out the purposes of this Act. (c) The Secretary shall permit hunting, fishing, and trapping on 1

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faciiiti'es"c'onstmction umita^'°"" iafi"|fs^ '""biicf-" tion in Federal Register.

. """^mg, fishing, and trapping.

lands and waters under his jurisdiction within the preserve m accordance with the applicable laws of the United States and the State of Texas, except that he may designate zones where and periods when, no hunting, fishing, trapping, or entry may be permitted for reasons of public safety, administration, floral and faunal protection and management, or public use and enjoyment. Except in emergencies, any regulations prescribing such restrictions relating to hunting, fishing, or trapping shall be put into effect only after consultation with the appropriate State agency having jurisdiction over hunting, fishing, and trapping activities. SEC. 5. Within five years from the date of enactment of this Act, Preserve re. the Secretary shall review the area within the preserve and shall Pre'IidTntr^ '° report to the President, in accordance with section 3(c) and (d) of is use 698d. the Wilderness Act (78 Stat. 891; 16 U.S.C. 1132 (c) and (d)), his recommendations as to the suitability or nonsuitability of any area within the preserve for preservation as wilderness, and any designation of any such areas as a wilderness shall be accomplished in accordance with said subsections of the Wilderness Act. ^^ ^^*^ ^^^^ SEC. 6. There are authorized to be appropriated such sums as may Appropriation. be necessary to carry out the provisions of this Act, but not to exceed ^^ use 698e. $63,812,000 for the acquisition of lauds and interests in lands and not to exceed $7,000,000 for development. Approved October 11, 1974.

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Page:Boys of Columbia High on the River.djvu/152

140 "Let the colonel talk, fellows!"

"Stop that tooting up there! Be sensible for once!"

The colonel held up his hand. He did not mean to speak until he could be sure of a chance of being heard. So many in the crowd began to hush others who seemed to show a lack of courtesy. Finally all was still, and the chairman spoke.

"The committee, after watching the conclusion of the race, wishes to announce that both Columbia and Clifford came across the wire neck and neck, and that hence it was a dead heat! They also desire to say that the eight-oared race between the two contestants thus placed, will be rowed on next Saturday morning, over this same course, at ten o'clock. That is all!"

Confusion followed. Of course there were numerous devoted adherents on both sides who vehemently insisted that the decision was open to doubt, as their crew surely had a lead at the time. Others, fairer-minded, rebuked these scoffers.

"There couldn't be a fairer umpire than Rafferty; and besides he comes from Bellport, which makes him without any prejudice. And then the members of the committee were right there on the ground, and they are unanimous in saying that the two boats arrived at the finish at exactly the same instant. It only means more bully good times on Saturday,


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Page:United States Statutes at Large Volume 88 Part 1.djvu/1302

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PUBLIC LAW 93-440-OCT. 11, 1974

[88 STAT.

Public Law 93-440 October 11, 1974

[H. R. 10088]

Big Cypress Fia. serve, Establishment, 16 USC 698f.

Map and descriDtion tiliriE,

P u b l i c a t i o n in Federal Register

a c^^y^.^^l^^aters, quisition.

42 USC 4651.

AN

ACT

rp^ establish the Big Cypress National I'reserve in the State of Florida, and for other piirposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Conqress assembled. That (a) in order to assure the preservation, conservation, and protection of the natural, sceulc, hydroloffic, floral and faunal, and recreational values of the Big Cypress Watershed in the State of Florida and to provide for the enhancement and public enjoyment thereof, the Big Cypress National Preserve is hereby established. n^\ r^^x^ Big Cvpress National Preserve (hereafter referred to as '-'

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the "preserve") shall comprise the area generally depicted on the map entitled "Big Cypress National Preserve", dated November 1971 and numbered BC-91,01, which shall be on file and available for public inspection in the Offices of the National Park Service, Department of the Interior, Washington, District of Columbia, and shall be filed with appropriate offices of Collier, Monroe, and Dade Counties in the State of Florida. The Secretary of the Interior (hereafter referred to as the "Secretfiry") shall, as soon as practicable, publish a detailed description of the boundaries of the preserve in the Federal Register which shall include not more than five hundred and seventy thousand acres of land and water. (^(.^ ^\^Q Secretary is authorized to acquire by donation, purchase with donated or appropriated funds, transfer from any other Federal agency, or exchange, any lands, waters, or interests therein which are located within the boundaries of the preserve: Provided, That any lands owned or' acquired by the State of Florida, or any of its subdivisions, may be acquired by donation only: Provided further, That no Federal funds shall be appropriated until the Governor of Florida executes an agreement on behalf of the State which (i) provides for the transfer to the United States of all lands within the preserve previously owned or acquired by the State and (ii) provides for the donation to the United States of all lands acquired by the State within the preserve pursuant to the provision of "the Big Cypress Conservation Act of 1978'' (Chapter 1'^-VM of the Florida Statutes) or provides for the donation to the United States of any remaining moneys appropriated pursuant to such Act for the purchase of lands within the preserve. No improved property, as defined by this Act, nor oil and gas rights, shall be acquired without the consent of the owner unless the Secretary, in his judgment, determines that such property is subject to, or threatened with, uses which are, or would be, detrimental to the purposes of the preserve. The Secretary may, if he determines that the acquisition of any other subsurface estate is not needed for the purposes of the preserve, exclude such interest in acquiring any lands within the preserve. Notwithstanding the provisions of section 301 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (84 Stat. 1894, 1904) the Secretary (i) may evaluate any offer to sell land within the preserve by any landowner and may, in his discretion, accept any offer not in excess of $10,000 without an appraisal and (ii) may direct an appraisal to be made of any unimproved property within the preserve without notice to the owner or owners thereof. Notwithstanding an}- other provision of law, any federally owned lands within the preserve shall, with the concurrence of the head of the administering agency, be transferred to the administrative jurisdiction of the Secretary for the purposes of this Act, without transfer of funds.

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SEC. 2. (a) In recognition of the efforts of the State of Florida in le use 698g. the preservation of the area, through the enactment of chapter 73-131 of the Florida statutes, "The Big Cypress Conservation Act of 1973", the Secretary is directed to proceed as expeditiously as possible to acquire the lands and interests in lands necessary to achieve the purposes of this Act. (b) Within one year after the date of the enactment of this Act, ^jj;^^^^^;^''^';^;"^-^. the Secretary shall submit, in writing, to the Committee on Interior tai to congresand Insular Affairs and to the Committees on Appropriations of the^'°"^^ committees. United States Congress a detailed plan which shall indicate: (i) the lands and areas which he deems essential to the protection and public enjoyment of this preserve, (ii) the lands which he has previously acquired by purchase, donation, exchange or transfer for administration for the purpose of this preserve, and (iii) the annual acquisition program (including the level of funding) which he recommends for the ensuing five fiscal years. (c) It is the express intent of the Congress that the Secretary should completion substantially complete the land acquisition program contemplated by this Act within six years after the date of its enactment. SEC. 3. (a) The owner of an improved property on the date of its ^'^"e^eluon"" acquisition by the Secretary may, as a condition of such acquisition, rights. I'etain for himself and his heirs and assigns a right of use and occu- ^^ ^^^ 6 98h. pancy of the improved property for a definite term of not more than twenty-five years or, in lieu thereof, for a term ending at the death of the owner or the death of his spouse, whichever is later. The owner shall elect the term to be reserved. Unless this property is wholly or partially donated to the United States, the Secretary shall pay the owner the fair market value of the property on the date of acquisition less the fair market value, on that date, of the right retained by the owner. A right retained pursuant to this section shall be subject to termination by the Secretary upon his determination that it is being exercised in a manner inconsistent with the purposes of this Act, which shall include the exercise of such right in violation of any applicable State or local laws and ordinances, and it shall terminate by operation of law" upon the Secretary's notifying the holder of the right of such determination and tendering to him an amount equal to the fair market value of that portion of the right which remains unexpired. (b) As used in this Act, the term "improved property" means: ^^'^'improved prop(i) a detached, one family dwelling, construction of which was begun before November 23. 1971, which is used for noncommercial residential purposes, together with not to exceed three acres of land on which the dwelling is situated and such additional lands as the Secretary deems reasonably necessary for access thereto, such land being in the same ownership as the dwelling, and together with any structures accessory to the dwelling which are situated on such lands and (ii) any other building, construction of which was begun before November 23, 1971, which was constructed and is used in accordance w4th all applicable State and local laws and ordinances, together with as much of the land on which the building is situated, such land being in the same ownership as the building, as the Secretary shall designate to be reasonably necessary for the continued enjoyment and use of the building in the same manner and to the same extent as existed in November 23, 1971, together with any structures accessory to the building which are situated on the lands so designated. In making such designation

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42 USC 46234626. 42 USC 4601. Administration. 16 USC 698i.

Rules and regu l a t i o n s; publication in Federal Register.

Transportation facilities.

Hunting and fishing. 16 USC 6 9 8 j.

Miccosukee and Seminole Indian T r i b e s, land u s e, retention r i g h t s.

Visitor services, contracts. 16 USC 698k.

PUBLIC LAW 93-440-OCT. 11, 1974

[88

STAT.

the Secretary shall take into account the manner of use in which the building, accessory structures, and lands were customarily enjoyed prior to November 23, 1971, (c) Whenever an owner of property elects to retain a right of use and occupancy as provided in this section, such owner shall be deemed to have waived any benefits or rights accruing under sections 203, 204, 205, and 206 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (84 Stat. 1894), and for the purposes of such sections such owner shall not be considered a displaced person as defined in section 101(6) of such Act. SEC. 4. (a) The area within the boundaries depicted on the map referred to in section 1 shall be known as the Big Cypress National Preserve. Such lands shall be administered by the Secretary as a unit of the National Park System in a manner which will assure their natural and ecological integrity in perpetuity in accordance with the provisions of this Act and with the provisions of the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1-4), as amended and supplemented. (b) In administering the preserve, the Secretary shall develop and publish in the Federal Register such rules and regulations as he deems necessary and appropriate to limit or control the use of Federal lands and waters with respect to: (1) motorized vehicles, (2) exploration for and extraction of oil, gas, and other minerals, (3) grazing, (4) draining or constructing of works or structures which alter the natural water courses, (5) agriculture, (6) hunting, fishing, and trapping, (7) new construction of any kind, and (8) such other uses as the Secretary determines must be limited or controlled in order to carry out the purposes of this Act: Provided, That the Secretary shall consult and cooperate with the Secretary of Transportation to assure that necessary transportation facilities shall be located within existing or reasonably expanded rights-of-way and constructed within the reserve in a manner consistent with the purposes of this Act. SEC. 5. The Secretary shall permit hunting, fishing, and trapping on lands and waters under his jurisdiction within the preserve in accordance with the applicable laws of the United States and the State of Florida, except that he may designate zones where and periods when no hunting, fishing, trapping, or entry may be permitted for reasons of public safety, administration, floral and faunal protection and management, or public use and enjoyment. Except in emergencies, any regulations prescribing such restrictions relating to hunting, fishing, or trapping shall be put into effect only after consultation with the appropriate State agency having jurisdiction over hunting, fishing, and trapping activities. Notwithstanding this section or any other provision of this Act, members of the Miccosukee Tribe of Indians of Florida and members of the Seminole Tribe of Florida shall be permitted, subject to reasonable regulations established by the Secretary, to continue their usual and customary use and occupancy of Federal or federally acquired lands and waters within the preserve, including hunting, fishing, and trapping on a subsistence basis and traditional tribal ceremonials. SEC. 6. Notwithstanding any other provision of law, before entering into any contract for the provision of revenue producing visitor services.

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(i) the Secretary shall offer those members of the Miccosukee and. Seminole Indian Tribes who, on January 1, 1972, were engaged in the provision of similar services, a right of first refusal to continue providing such services within the preserve subject to such terms and conditions as he may deem appropriate, and (ii) before entering into any contract or agreement to provide new revenue-producing'visitor services within the preserve, the Secretary shall offer to the Miccosukee Tribe of Indians of Florida and the Seminole Tribe of Florida the right of first refusal to provide such services, the right to be open for a period of ninety days. Should both Tribes respond with proposals that satisfy the terms and conditions established by the Secretary, the Secretary may allow the Tribes an additional period of ninety days in which to enter into an inter-Tribal cooperative agreement to provide such visitor services, but if neither tribe responds with proposals that satisfy the terms and conditions established by the Secretary, then the Secretary shall provide such visitor services in accordance with the Act of October 9, 1965 (79 Stat. 969, 16 U.S.C. 20). No such agreement may be assigned or otherwise transferred without the consent of the Secretary. SEC. 7. Within five years from the date of the enactment of this Act, Preserve rethe Secretary shall review the area within the preserve and shall Pre'^ide^nt? report to the President, in accordance with section 3(c) and (d) of i^ use 698i. the Wilderness Act (78 Stat. 891; 16 U.S.C. 1132 (c) and (d)), his recommendations as to the suitability or nonsuitability of any area within the preserve for preservation as wilderness, and any designation of any such areas as a wilderness shall be accomplished in accordance with said subsections of the Wilderness Act. ^^ ^^^ ^^^^ SEC. 8. There are authorized to be appropriated such sums as may "Vp'propriation. be necessary to carry out the provisions of this Act, but not to exceed i^ use 698m. $116,000,000 for the acquisition of lands and interests in lands and not to exceed $900,000 for development. Any funds donated to the United Funds donated States by the State of Florida pursuant to chapter 73-131 of the 1° pioHda.^usl! Florida statutes shall be used solely for the acquisition of lands and interests in land within the preserve. Approved October 11, 1974. Public Law 93-441 AN ACT

To authorize the Secretary of the Treasury to change the alloy and weight of the one-cent piece and to amend the Bank Holding Act Amendments of 1970 to authorize grants to Eisenhower College, Seneca Falls, New York.

October 11, 1974

[H.R. I6032]—

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 3515 of sifion"chan°'^^°" the Revised Statutes (31 U.S.C. 317) is amended by inserting " (a) " Eisenhower e'oiimmediately prior to "The minor coins" and by adding at the end lege, N.Y.,grants. thereof the following new subsections: " (b) Whenever in the judgment of the Secretary of the Treasury such action is necessary to assure an adequate supply of coins to meet the national needs, he may prescribe such composition of copper and zinc in the alloy of the one-cent piece as he may deem appropriate. Such one-cent pieces shall have such weight as may be prescribed by the Secretary.

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31 USC 391 note.

Transfer of funds. Appropriation. Samuel Ray burn Library, T e x.

Transfer of funds.

PUBLIC LAW 93-442-OCT. 14, 1974

[88 STAT.

" (c)(1) The Secretary of the Treasury may change the alloy of the one-cent piece to such other metallic composition as he shall determine— " (A) whenever he determines that the use of copper in the one-cent piece is not practicable; " (B) after he issues an order stating the pertinent physical properties, including content, weight, dimensions, shape, and d e s i ^; and in determining such physical property takes into consideration the use of such coins m coin-operated devices; and " (C) after he notifies in writing, on the same day as the issuance of the order under subparagraph (B), the Committee on Banking and Currency of the House of Representatives and the Committee on Banking, Housing and Urban Affairs of the Senate of the contents of the determinations and orders made under paragraph (1), and a period of sixty calendar days of continuous session of Congress commencing after the date of such notification elapses. "(2) There shall be no coinage pursuant to this subsection after December 31, 1977. " (3) For purposes of this subsection— " (A) continuity of session is broken only by an adjournment of Congress sine die; and " (B) the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the sixty-day period." SEC. 2. (a) Except as provided by subsection (b) and after receiving the assurances described in subsection (c), the Secretary of the Treasury is authorized to take one-tenth of all moneys derived frorii the sale of $1 proof coins minted and issued under section 101(d) of the Coinage Act of 1965 (31 U.S.C. 391(d)) and section 203 of the Bank Holding Company Act Amendments of 1970 (31 U.S.C. 324b) which bears the likeness of the late President of the United States, Dwight David Eisenhower, and transfer such amount of moneys to Eisenhower College, Seneca Falls, New York. (b) For the purposes of carrying out this section, there is authorized to be appropriated not to exceed $10,000,000. (c) Before the Secretary of the Treasury may transfer any moneys to Eisenhower College under this Act, Eisenhower College must make satisfactory assurances to him that an amount equal to 10 per centum of the total amount of moneys received by Eisenhower College under this Act shall be transferred to the Samuel Rayburn Library at Bonham, Texas. Approved October 11, 1974. Public Law 9a-442

October 14, 1974 [H. J. R e s. 898]

National Legal Secretaries' Court Observance Week. Designation authorization.

JOINT RESOLUTION Authorizing the President to proclaim the second full week in October, 1974, as "National Legal Secretaries' Court Observance Week".

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 second full week in October, 1974, as "National Legal Secretaries' Court Observance Week", and calling upon the people of the United States to observe such week with appropriate ceremonies and activities. Approved October 14, 1974.

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Public Law 93-443 AN ACT

To impose overall limitations on campaign expenditures and political contributions; to provide that each candidate for Federal office shall designate a principal campaign committee; to provide for a single reporting responsibility with respect to receipts and expenditures by certain political committees; to change the times for the filing of reports regarding campaign expenditures and political contributions; to provide for public financing of Presidential nominating conventions and Presidential primary elections; and for other purposes.

October 15, 1974 rs 3 044]

iJ

i

Be it enacted by the Senate arid House of Representatives of the United States of America in Congress assembled, That this Act may be. Federal Eieccited as the "Federal Election Campaign Act Amendments of 1974". A'°" Amendments TITLE I — C R I M I N A L CODE AMENDMENTS

of 1974. 2 USC 431 note.

L I M I T A T I O N S ON CONTRIBUTIONS A N D EXPENDITURES

SEC. 101. (a) Section 608 of title 18, United States Code, relating to limitations on contributions and expenditures, is amended by striking out subsections (b) and (c) and inserting in lieu thereof the following: "(b)(1) Except as otherwise provided by paragraphs (2) and (3), no person shall make contributions to any candidate with respect to any election for Federal office which, in the aggregate, exceed $1,000. " (2) No political committee (other than a principal campaign committee) shall make contributions to any candidate with respect to any election for Federal office which, in the aggregate, exceed $5,000. Contributions by the national committee of a political party serving as the principal campaign committee of a candidate for the office of President of the United States shall not exceed the limitation imposed by the preceding sentence with respect to any other candidate for Federal office. For purposes of this paragraph, the term 'political " P o l i t i c a l comcommittee' means an organization registered as a political commit- m i t t e e. " tee under section 303 of the Federal Election Campaign Act of 1971 for Post, p. 1276. a period of not less than 6 months which has received contributions from more than 50 persons and, except for any State political party organization, has made contributions to 5 or more candidates for Federal office. " (3) No individual shall make contributions aggregating more than $25,000 in any calendar year. For purposes of this paragraph, any contribution made in a year other than the calendar year in which the election is held with respect to which such contribution was made, is considered to be made during the calendar year in which such election is held. " (4) For purposes of this subsection— " (A) contributions to a named candidate made to any political committee authorized by such candidate, in writing, to accept contributions on his behalf shall be considered to be contributions made to such candidate; and " (B) contributions made to or for the benefit of any candidate nominated by a political party for election to the office of Vice President of the United States shall be considered to be contributions made to or for the benefit of the candidate of such party for election to the office of President of the United States. "(5) The limitations imposed by paragraphs (1) and (2) of this subsection shall apply separately with respect to each election, except that all elections held in any calendar year for the office of President of the United States (except a general election for such office) shall be considered to be one election.

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^"^^=-

PUBLIC LAW 93-443-OCT. 15, 1974

[88 STAT.

"(6) For purposes of the limitations imposed by this section, all contributions made by a person, either directly or indirectly, on behalf of a particular candidate, including contributions which are in any way earmarked or otherwise directed through an intermediary or conduit to such candidate, shall be treated as contributions from such person to such candidate. The intermediary or conduit shall report the original source and the intended recipient of such contribution to the Commission and to the intended recipient. "(c)(1) No candidate shall make expenditures in excess of— " (A) $10,000,000, in the case of a candidate for nomination for election to the office of President of the United States, except that the aggregate of expenditures under this subparagraph in any one State shall not exceed twice the expenditure limitation applicable in such State to a candidate for nomination for election to the office of Senator, Delegate, or Resident Commissioner, as the case may be; " (B) $20,000,000, in the case of a candidate for election to the office of President of the United States; " (C) in the case of any campaign for nomination for election by a candidate for the office of Senator or by a candidate for the office of Representative from a State which is entitled to only one Representative, the greater of— " (i) 8 cents multiplied by the voting age population of the State (as certified under subsection (g)); or "(ii) $100,000; " (D) in the case of any campaign for election by a candidate for the office of Senator or by a candidate for the office of Representative from a State which is entitled to only one Representative, the greater of— " (i) 12 cents multiplied by the voting age population of the State (as certified under subsection (g)); or "(ii) $150,000; " (E) $70,000, in the case of any campaign for nomination for election, or for election, by a candidate for the office of Representative in any other State, Delegate from the District of Columbia, or Resident Commissioner; or " (F) $15,000, in the case of any campaign for nomination for election, or for election, by a candidate for the office of Delegate from Guam or the Virgin Islands. " (2) For purposes of this subsection— " (A) expenditures made by or on behalf of any candidate nominated by a political party for election to the office of Vice President of the United States shall be considered to be expenditures made by or on behalf of the candidate of such party for election to the office of President of the United States; and " (B) an expenditure is made on behalf of a candidate, including a Vice Presidential candidate, if it is made by— " (i) an authorized committee or any other agent of the candidate for the purposes of making any expenditure; or "(ii) any person authorized or requested by the candidate, an authorized committee of the candidate, or an agent of the, candidate, to make the expenditure, "(3|) The limitations imposed by subparagraphs (C), (D), (E), and (F) 9f paragraph (1) of this subsection shall apply separately with respect to each election. "(4) The Commission shall prescribe rules undftr which any expenditure by a candidate for Presidential nomination'for use in 2 or more

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States shall be attributed to such candidate's expenditure limitation in each such State, based on the voting age population in such State which can reasonably be expected to be influenced by such expenditure. " (d)(1) At the beginning of each calendar year (commencing in 1976), as there become available necessary data from the Bureau of Labor Statistics of the Department of Labor, the Secretary of Labor shall certify to the Commission and publish in the Federal Register pedera'i'Regi'ster. the per centum diflerence between the price index for the 12 months preceding the beginning of such calendar year and the price index for the base period. Each limitation established by subsection (c) and subsection (f) shall be increased by such per centum dili'erence. Each amount so increased shall be the amount in effect for such calendar year. "(2) For purposes of paragraph (1) — " (A) the term 'price index' means the average over a calendar "Price index." year of the Consumer Price Index (all items—United States city average) published monthly by the Bureau of Labor Statistics; and " (B) the term 'base period' means the calendar year 1974. "Base period." " (e)(1) No person may make any expenditure (other than an expenditure made by or on behalf of a candidate within the meaning of subsection (c)(2)(B)) relative to a clearly identified candidate during a calendar year which, when added to all other expenditures made by such person during the year advocating the election or defeat of such candidate, exceeds $1,000. "(2) For purposes of paragraph (1) — " (A) 'clearly identified' means— nH'^^''" '" " (i) the candidate's name appears; " (ii) a photograph or drawing of the candidate appears; or "(iii) the identity of the candidate is apparent by unambiguous reference; and '"(B) 'expenditure' does not include any payment made or "Expenditure." incurred by a corporation or a labor organization which, under the provisions of the last paragraph of section 610, would not constitute an expenditure by such corporation or labor organization. " (f)(1) Notwithstanding any other provision of law with respect to limitations on expenditures or limitations on contributions, the national coumiittee of a political party and a State committee of a political party, including any subordinate committee of a State committee, may make expenditures in connection with the general election campaign of candidates for Federal office, subject to the limitations contained in paragraphs (2) and (3) of this subsection. "(2) The national committee of a political party may not make any expenditure in connection with the general election campaign of any candidate for President of the United States who is affiliated with such party which exceeds an amount equal to 2 cents multiplied by the voting age population of the United States (as certified under subsection (g)). Any expenditure under this paragraph shall be in addition to any expenditure by a national committee of a political party serving as the principal campaign committee of a candidate for the office of President of the United States. "(3) The national committee of a political party, or a State committee of a political party, including any subordinate committee of a State committee, may not make any expenditure in connection with the general election campaign of a candidate for Federal office in a State who is affiliated with such party which exceeds—

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