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[88 STAT,

section (a) from expending funds or which would cause such principal committee to be precluded from further expenditures. Any principal campaign committee of a candidate having reasonable knowledge to believe that further expenditures by a political committee registered in support of such candidate, or by the candidate it supports, will exceed the expenditure limitations specified in subsection (a) shall immediately notify, in writing, such political committee or candidate of that fact. (c) Any expenditure made in connection with a campaign in a calendar year other than the calendar year in which the election is held to which that campaign relates is, for the purposes of this section, considered to be made during the calendar year in which that election is held. TITLE V—LOBBYING DEFINITIONS D. C. Code 11171.

SEC. 501. When used in this title— (a) The term "contribution" includes a gift, subscription, loan, advance, or deposit of money or anything of value and includes a contract, promise, or agreement, whether or not legally enforceable, to make a contribution. (b) The term "expenditure" includes a payment, distribution, loan, advance, deposit, or gift of money or anything of value, and includes a contract, promise, or agreement, whether or not legally enforceable, to make an expenditure. (c) The term "legislation" means bills, resolutions, amendments, nominations, rules, and other matters pending or proposed in the Council of the District of Columbia, and includes any other matter which may be the subject of action by the Council of the District of Columbia. DETAILED ACCOUNTS OF CONTRIBUTIONS; RETENTION OF RECEIPTED BILLS OF EXPENDITURES

D. C. Code 11172.

S E C 502. (a) I t shall be the duty of every person who shall in any manner solicit or receive a contribution to any organization or fund for the purposes hereinafter designated to keep a detailed and exact account of— (1) all contributions of any amount or of any value whatsoever; (2) the name and address of every person making any such contribution of $200 or more and the date thereof; (3) all expenditures made by or on behalf of such organization or f u n d: and (4) the name and address of every person to whom any such expenditure is made and the date thereof. (b) I t shall be the duty of such person to obtain and keep a receipted bill, stating the particulars, for every expenditure of such funds exceeding $10 in amount, and to preserve all receipted bills and accounts required to be kept by this section for a period of at least two years from the date of the filing of the statement containing such items. R E C E I P T S FOR

D. C. Code 11173.

CONTRIBUTORS

SEC. 503. Every individual who receives a contribution of $200 or more for any of the purposes hereinafter designated shall within five days after receipt thereof render to the person or organization for which such contribution was received a detailed account thereof,

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including the name and address of the person making such contribution and the date on which received. STATEMENT S OF ACCOUNTS F I L E D W I T H DIRECTOR

SEC. 504. (a) Every person receiving any contributions or expending any money for the purposes designated in subparagraph (a) or (b) of section 506 of this title shall file with the Director between the first and tenth day of each calendar quarter, a statement containing complete as of the day next preceding the date of filing— (1) the name and address of each person who has made a contribution of $200 or more not mentioned in the preceding report; except that the first report filed pursuant to this title shall contain the name and address of each person who has made any contribution of $200 or more to such person since January 2, 1975; (2) the total sum of the contributions made to or for such person during the calendar year and not stated under paragraph (1) of this subsection; (3) the total sum of all contributions made to or for such person during the calendar year; (4) the name and address of each person to whom an expenditure in one or more items of the aggregate amount or value, within the calendar year, of $10 or more has been made by or on behalf of such person, and the amount, date, and purpose of such expenditure; (5) the total sum of all expenditures made by or on behalf of such person during the calendar year and not stated under paragraph (4) of this subsection; (6) the total sum of expenditures made by or on behalf of such person during the calendar year. (b) The statements required to be filed by subsection (a) of this section shall be cumulative during the calendar year to which they relate, but where there has been no change in an item reported in a previous statement only the amount need be carried forward. PRESERVATION

OF

D. C. Code 1. 1174.

Cumulative statements.

STATEMENTS

D.C SEC. 505. A statement required by this title to be filed with the 1175.. Code 1Director— (a) shall be deemed properly filed when deposited in an estab- ^^^'"6lished post office within the prescribed time, duly stamped, registered, and directed to the Director, Washington, District of Columlaia, but in the event it is not received, a duplicate of such statement shall be promptly filed upon notice by the Director of its nonreceipt; (b) shall be preserved by the Director for a period of two years. Public inspecfrom the date of filing, shall constitute part of the public records of his office, and shall be open to public inspection. PERSONS TO W H O M

TITLE IS

APPLICABLE

SEC. 506. The provisions of this title shall apply to any person n^g^*'^°'^^ ^" (except a political committee) who, by himself, or through any agent or employee or other persons in any manner whatsoever, directly or indirectly, solicits, collects, or receives money or any other thing of value to be used principally to aid, or the principal purpose of which person is to aid, in the accomplishment of any of the following purposes:

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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[88 STAT.

(a) The passage or defeat of any legislation by the Council of the District of Columbia. (b) To influence, directly or indirectly, the passage or defeat of any legislation by the Council of the District of Columbia. REGISTRATION OF LOBBYISTS W I T H DIRECTOR; C O M P I L A T I O N OF INFORMATION D. C. Code 11177.

Financial report.

Publication in District of Colunr

bia Re,gister.

SEC. 507. (a) Any person who shall engage himself for pay or for any consideration for the purpose of attempting to influence the passage or defeat of any legislation by the Council of the District of Columbia shall, before doing anything in furtherance of such object, register with the Director and shall give to him in writing and under oath, his name and business address, the name and address of the person by whom he is employed, and in whose interest he appears or works, the duration of such employment, how much he is paid and is to receive, by whom he is paid or is to be paid, how much he is to be paid for expenses, and what expenses are to be included. Each such person so registering shall, between the first and tenth day of each calendar quarter, so long as his activity continues, file with the Director a detailed report under oath of all money received and expended by him during the preceding calendar quarter in carrying on his work; to whom paid; for what purposes; and the names of any papers, periodicals, magazines, or other publications in which he has caused to be published any articles or editorials; and the proposed legislation he is employed to support or oppose. The provisions of this section shall not apply to any person who merely appears before the Council of the District of Columbia, or a committee thereof, in support of or opposition to legislation; nor to any public official acting in his official capacity; nor in the case of any newspaper or other regularly published periodical (including any individual who owns, publishes, or is employed by any such newspaper or periodical) which in the ordinary course of business publishes news items, editorials, or other comments, or paid advertisements, which directly or indirectly urge the passage or defeat of legislation, if such newspaper, periodical, or individual, engages in no further or other activities in connection with the passage or defeat of such legislation, other than to appear before a committee of the Council of the District of Columbia in support of or in opposition to such legislation. (b) All information required to be filed under the provisions of this section with the Director shall be compiled by the Director as soon as practicable after the close of the calendar quarter with respect to which such information is filed and shall be printed in the District of Columbia Rcgistcr. REPORTS AND

D. C. Code 11178.

STATEMENT S TINDER

SEC. 508. All reports and statements required under this title shall be made under oath, before an officer authorized by law to administer oaths. P E N A L T I E S AND

D.C. 1179.

OATH

PROHIBITIONS

SEC. 509. (a) Any person who violates any of the provisions of this title, shall be guilty of a misdemeanor, and shall be punished by a fine of not more than $5,000 or imprisonment for not more than twelve months, or both. (b) In addition to the penalties provided for in subsection (a) of this section, any person convicted of the misdemeanor specified

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therein is prohibited, for a period of three years from the date of such conviction, from attempting to influence, directly or indirectly, the passage or defeat of any proposed legislation or from appearing before a committee jof the Council of the District of Columbia in support of or opposition to proposed legislation; and any person who violates any provision of this subsection shall be guilty of a felony, and shall be punished by a fine of not more than $10,000, or imprisonment for not more than five years, or both. EXEMPTION D.C. SEC. 510. The provisions of this title shall not apply to— 1180, (1) any Member of the United States House of Representatives or any Senator; (2) any member of a staff of any person specified in paragraph (1) while operating within the scope of his employment; (3) any member of an Advisor\^ Neighborhood Council; (4) any person who receives less than $500 during the calendar year as compensation for performing services relating to the mfluencing of legislation; or (5) any entity specified in section 1(d) of title II of the District of Columbia Income and Franchise Tax Act of 1947 (D.C. Code, sec. 47-1554(d)), no substantial part of the activities of which is carrying on propaganda, or otherwise attempting to influence legislation.

Code 1 -

TITLE VI—CONFLICT OF I N T E R E S T AND DISCLOSURE CONFLICT o r

INTEREST

SEC. 601. (a) The Congress declares that elective and public office D.C. Code 1is a public trust, and any effort to realize personal gain through official 1181. conduct is a violation of that trust. (b) No public official shall use his official position or office to obtain financial gain for himself, any member of his household, or any business with which he or a member of his household is associated, other than that compensation provided by law for said public official. (c) No person shall offer or give to a public official or a member of a public official's household, and no public official shall solicit or receive anything of value, including a gift, favor, service, loan gratuity, discount, hospitality, political contribution, or promise of future employment, based on any understanding that such public official's official actions or judgment or vote would be influenced thereby, or where it could reasonably be inferred that the thing of value would influence the public official in the discharge of his duties, or as a reward, or which would cause the total value of such things received from the same person not a member of such public official's household to exceed $100 during any single calendar year. (d) No person shall offer or pay to a public official, and no public official shall solicit or receive any money, in addition to that lawfully received by the public official in his official capacity, for advice or assistance given in the course of the public official's employment or relating to his employment. Confidential (e) No public official shall use or disclose confidential information information, u s e .,„„,,^.. given in the course of or by reason of his official position or activities or disclosure" in any way that could result in financial gain for himself or for any pi-ohibition. other person.

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Conflict of i n t e r e s t, written

statement.

Definitions.

5 USC 5332 note.

PUBLIC LAW 93-376-AUG. 14, 1974

[88 STAT.

(f) No member or employee of the Council of the District of Columbia or Board of Education of the District of Columbia shall accept assignment to serve on a committee the jurisdiction of which consists of matters (other than of a de minimis nature) in which he or a member of his family or a business with which he is associated, has financial interest. / \ j^j^„ public official who, in the discharge of his official duties, ^®i'n i

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wouM bc required to take an action or make a decision that would anect directly or indirectly his financial interests or those of a member of his household, or a business with which he is associated, or must take an official action on a matter as to which he has a conflict situation created by a personal, family, or client interest, shall— (1) prepare a written statement describing the matter requiring action or decision, and the nature of his potential conflict of interest with respect to such action or decision; (2) cause copies of such statement to be delivered to the District of Columbia Board of Elections and Ethics (referred to in this title as the "Board"), and to his immediate superior, if any; (3) if he is a member of the Council of the District of Columbia or member of the Board of Education of the District of Columbia, or employee of either, deliver a copy of such statement to the Chairman thereof, who shall cause such statement to be printed in the record of proceedings, and, upon request of said member or employee, shall excuse the member from votes, deliberations, and other action on the matter on which a potential conflict exists; (4) if he is not a member of the Council of the District of Columbia, his superior, if any, shall assign the matter to another employee who does not have a potential conflict of interest, or, if he has no immediate superior, he shall take such steps as the Board prescribes through rules and regulations to remove himself from influence over actions and decisions on the matter on which potential conflict exists; and (5) during a period when a charge of conflict of interest is under investigation by the Board, if he is not a member of the Council of the District of Columbia or a member of the Board of Education, his superior, if any, shall have the arbitrary power to assign the matter to another employee who does not have a potential conflict of interest, or if he has no immediate superior, he shall take such steps as the Board shall prescribe through rules and regulations to remove himself from influence over actions and decisions on the matter on which there is a conflict of interest. (h) Xeither the Mayor nor any member of the Council of the District of Columbia may represent another person before any regulatory agency or court of the District of Columbia while serving in such office. The preceding sentence does not apply to an appearance by such an official before any such agency or court in his official capacity. (j^ As uscd lu this section, the term— (1) "public official" means the office of the Mayor of the District of Columbia, Chairman of the Council of the District of Columbia, or member of the Council of the District of Columbia, or Chairman or member of the Board of Education of the District of Columbia, or each officer or employee of the District of Columbia government who performs duties of the type generally performed by an individual occupying grade GS-15 of the General Schedule or any higher grade or position (as determined by the Board regardless of the rate of compensation of such individual); (2) "business" means any corporation, partnership, sole pro-

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prietorship, firm, enterprise, franchise, association, organization, self-employed individual, holding company, joint stock, trust, and any legal entity through which business is conducted for profit; (3) "business with which he is associated" means any business of which the person or member of his household is a director, officer, owner, employee, or holder of stock worth $1,000 or more at fair market value, and any business which is a client of that person; (4) "household" means the public official and his immediate family; and (5) "immediate family" means the public official's spouse and any parent, brother, or sister, or child of the public official, and the spouse of any such parent, brother, sister, or child. DISCLOSURE OF FINANCIAL INTEREST

SEC. 602. (a) Any candidate for nomination for election, or election, p"c"c^'de^T-* to public office who at the time he becomes a candidate, does not occupy n82." any such office, shall file within one month after he becomes a candidate for such office, and the Mayor, and the Chairman and each member of the Council of the District of Columbia holding office under the District of Columbia Self-Government and Governmental ReorganiD. zation Act, and the Chairman and each member of the Board of 121. Co tCode 1n e. Education, shall file annually, with the Board a report containing a full and complete statement of— (1) the amount and source of each item of income, each item C o n t e n t s. of reimbursement for any expenditure, and each gift or aggregate of gifts from one source (other than gifts received by him or by him and his spouse jointly during the preceding calendar year) which exceeds $100 in amount or value, including any fee or other honorarium received by him for or in connection with the preparation or delivery of any speech or address, attendance at any convention or other assembly of individuals, or the preparation of any article or other composition for publication, and the monetary value of subsistence, entertainment, travel, and other facilities received by him in kind; (2) the identity of each asset held by him, or by him and his spouse jointly which has a value in excess of $1,000, and the identity and amount of each liability owned by him, or by him and his spouse jointly, which is in excess of $1,000 as of the close of the preceding calendar year; (3) any transactions in securities of any business entity by him, or by him and his spouse jointly, or by any person acting on his behalf or pursuant to his direction during the preceding calendar year if the aggregate amount involved in transactions in the securities of such business entity exceeds $5,000 during such year; (4) all transactions in commodities by him, or by him and his spouse jointly, or by any person acting on his behalf, or pursuant to his direction during the preceding calendar year if the aggregate amount involved in such transactions exceeds $5,000; (5) any purchase or sale, other than the purchase or sale of his personal residence, of real property or any interest therein by him, or by him and his spouse jointly, or by any person acting on his behalf or pursuant to his direction, during the preceding calendar year if the value of property involved in such purchase or sale exceeds $5,000; and

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P e r s o n a l financial interests, annual report, filing.

D. C. Code 1121 note.

5 USC 5332 note.

26 USC 1 et seq.

Reports, audit.

Hearing opportunity.

PUBLIC LAW 93-376-AUG. 14, 1974

[88 STAT.

(6) the amount of each tax paid by the individual, or by the individual and the individual's spouse filing jointly, for the preceding calendar year, except in the case of candidates filing reports during calendar year 1974, who shall file reports for the preceding three calendar years. (b) Any candidate for nomination for, or election to, office who at the time he becomes a candidate, does not occupy any such office, shall file within one month after he becomes a candidate for such office, and the Mayor, and the Chairman and each member of the Council of the District of Columbia holding office under the District of Columbia Self-Government and Governmental Reorganization Act, and the Chairman and each member of the Board of Education, and each officer and employee of the District of Columbia government who performs duties of the type generally performed by an individual occupying grade GS-15 of the General Schedule under section 5332 of title 5, United States Code, or any higher grade or position (as determined by the Board regardless of the I'ate of compensation of such individual), shall file with the Board in a sealed envelope marked "Confidential Personal Financial Disclosure of (name)", before the fifteenth day of May in each year, the following reports of his personal financial interests: (1) a copy of the returns of taxes, declarations, statements, or other documents which he, or he and his spouse jointly, made for the preceding year in compliance with the income tax provisions of the Internal Revenue Code of 1954; (2) the name and address of each business or professional corporation, firm, or enterprise in which he was an officer, director, partner, proprietor, or employee who received compensation during the preceding year and the amount of such compensation; (3) the identity of each trust or other fiduciary relation in which he held a beneficial interest having a value of $10,000 or more, and the identity, if known, of each interest of the other fiduciary relation in real or personal property in which the candidate, officer, or employee held a beneficial interest having a value of $10,000 or more, at any time during the preceding year. If he cannot obtain the identity of the fiduciary interests, the candidate, officer, or employee shall request the fiduciary to report that information to the Board in the same manner that reports are filed under this rule. (c) Except as otherwise provided by this section, all papers filed under this section shall be kept by the Board in the custody of the Director for not less than seven years, and while so kept shall remain sealed. Upon receipt of a request by any member of the Board adopted by a recorded majority vote of the full Board requesting the examination and audit of any of the reports filed by any individual under section (b) of this title, the Director shall transmit to the Board the envelopes containing such reports. Within a reasonable time after such recorded vote has been taken, the individual concerned shall be informed of the vote to examine and audit, and shall be advised of the riature and scope of such examination. When any sealed envelope containing any such report is received by the Director, such envelope may be opened and the contents thereof may be examined only by members of the Board in executive session. If, upon such examination, the Board determines that further* consideration by the Board is warranted and within the jurisdiction of the Board, it may make the contents of any such envelope available for any use by any member of the Board, or the Director or General Counsel of the Board which is required for the discharge of his official duties. The Board may receive the papers as evidence, after giving to the individual concerned due notice and

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PUBLIC LAW 93-376-AUG. 14, 1974

opportunity for hearing in a closed session. The Board shall publicly disclose not later than the first day of June each year the names of the candidates, officers, and employees who have filed a report. Any paper which has been filed with the Board for longer than seven years, in accordance with the provisions of this section, shall be returned to the individual concerned or his legal representative. In the event of the death or termination of the service of the Mayor or Chairman or member of the Council of the District of Columbia or Chairman or member of the Board of Education, or officer or employee of the District of Columbia, such papers shall be returned unopened to such individual, or to the surviving spouse or legal representative of such individual within one year of such date or termination of service. (d) Reports required by this section (other than reports so required by candidates) shall be filed not later than sixty days following the enactment of this Act, and not later than May 15 of each succeeding year. In the case of any person who ceases, prior to such date in any year, to occupy the office or position the occupancy of which imposes upon him the reporting requirements contained in subsection (a) shall file such report on the last day he occupies such office or position, or on such later date, not more than three months after such last day, as the Board may prescribe. (e) Reports required by this section shall be in such form and detail as the Board may prescribe. The Board may provide for the grouping of items of income, sources of income, asset^, liabilities, dealings in securities or commodities, and purchases and sales of real property, when separate itemization is not feasible or is not necessary for an accurate disclosure of the income, net worth, dealing in securities and commodities or purchases, and sales of rental projx'rty of any individual. (f) All public reports filed under this section shall be maintained by the Board as public records which, under such reasonable regulations as it shall prescribe, shall be available for inspection by members of the public. (g) For the purposes of any report required by this section, any individual shall be considered to have been Mayor, Chairman, or member of the Council of the District of Columbia, or Chairman or member of the Board of Education, or officer or employee of the District of Columbia during any calendar year if such individual served in any such position for more than six months during such calendar year. (h) For purposes of this section, the term— " (1) "income" means gross income as defined in section 61 of the Internal Revenue Code of 1954; (2) "security" means security as defined in section 2 of the Securities Act of 1933, as amended (15 U.S.C. 77b); (3) "commodity" means commodity as defined in section 2 of the Commodities Exchange Act, as amended (7 U.S.C. 2); (4) "transactions in securities or commodities" means any acquisition, holding, withholding, use, transfer, or other disposition involving any security or commodity; (5) "immediate family" means the child, parent, grandparent, brother, or sister of an individual, and the spouse of such person; and (6) "tax" means the taxes imposed under chapter 1 of the Internal Revenue Code of 1954, under the District of Columbia Revenue Act of 1947, and under the District of Columbia Public "Works Act of 1954 and any other provision of law relating to the taxation of property within the District of Columbia.

38-194 O - 76 - 33 Pt. 1

4(39

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avanabliiT^for*' inspection.

Definitions. 26 USC ei.

^^ ^^^ ^' ^•^- ^°^^ '*^D.c!°co*de 43i^oi note.

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[88 STAT.

TITLE VII — P E N A L T I E S AND ENFORCEMENT TAX C R E D I T S, U S E OF S U R P L U S C A M P A I G N F U N D S, VOTE R S ' INFORMATION P A M P H L E T S, S T U D Y O F 1974 ELECTION AND R E P O R T BY COUNCIL, EFFECTIVE D A T E S, AMENDMENTS TO DISTRICT OF C O L U M B I A ELECTION ACT, AND AUTHORIZATION PENALTIES AND D. C. Code 1 1191.

False state ments.

Prosecution.

ENFORCEMENT

SEC. 701. (a) Except as provided in subsection (b), any person or political committee who violates any of the provisions of this Act shall be fined not more than $5,000, or shall be imprisoned for not longer than six months, or both. (b) Any person who knowingly files any false or misleading statement, report, voucher, or other paper, or makes any false or misleading statement to the Board, shall be fined not more than $10,000, or shall be imprisoned for not longer than five years, or both. (c) The penalties provided in this section shall not apply to any person or political committee who, before the date of enactment of this Act during calendar year 1974, makes political contributions or receives political contributions or makes any political campaign expenditures, in excess of any limitation placed on such contributions or expenditures by this Act, except such person or political committee shall not make any further such contributions or expenditures during the remainder of calendar year 1974. ^(j^ Prosccutious of vlolatious of this Act shall be brought by the United States Attorney for the District of Columbia in the name of the United States. TAX CREDIT FOR C A M P A I G N

D. C. Code 471567f.

D. C. Code 1. 1101.

CONTRIBUTIONS

SEC. 702. (a) Title VI of article I of the District of Columbia Income and Franchise Tax Act of 1947 (D.C. Code, secs. 47-1567— 47-1567e) is amended by adding at the end of that title the following: "SEC. 7. (a) Credit for Campaign Contributions.—For the purpose of encouraging residents of the District to participate in the election process in the District, there shall be allowed to an individual a credit against the tax (if any) imposed by this article in an amount equal to 50 per centum of any campaign contribution made to any candidate for election to any office referred to in the first section of the District of Columbia Election Act, but in no event shall such credit exceed the amount of $12.50, or $25 in the case of married persons filing a joint return. "(b)(1) A husband and wife filing separate returns for a taxable year for which a ioint return could have been made by them may claim between them only the total credit (or refund) to which they would have been enticed under this section had a joint return been filed. "(2) No individual for whom a personal exemption was allowed on another individual's return shall be entitled to a credit (or refund) under this section.". (b) The table of contents of such article is amended by adding at the end of the part of such table relating to title VI the following: "Sec. 7. Credit for campaign contributions.". U S E OF S U R P L U S C A M P A I G N

D. C. Code 11192.

FUNDS

SEC. 703. Within the limitations specified in this Act, any surplus, residual, or unexpended campaign funds received by or on behalf of an individual who seeks nomination for election, or election to office shall be contributed to a political party for political purposes, used to

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PUBLIC LAW 93-376-AUG. 14, 1974

retire the proper debts of his political committee which received such funds, or returned to the donors as follows: (1) in the case of an individual defeated in an election, within six months following such election; (2) in the case of an individual elected to office, within six months following such election; and (3) in the case of an individual ceasing to be a candidate, within six months thereafter. A STUDY OF

19 74 ELECTION

AND REPORT BY

COUNCIL

SEC. 704. (a) The Council of the District of Columbia shall, during calendar year 1975, conduct public hearings and other appropriate investigations on (1) the operation and effect of the District of Columbia Campaign Finance Reform Act and the District of Columbia Election Act on the elections held in the District of Columbia during 1974; and (2) the necessity and desirability of modifying either or both of those Acts so as to improve electoral machinery and to insure open fair, and effective election campaigns in the District of Columbia. (b) Upon the conclusion of its hearings and investigations the Council shall issue a public report on its findings and recommendations. Nothing in this section shall be construed as limiting the legislative authority over elections in the District of Columbia vested in the Council by the District of Columbia Self-Government and Governmental Reorganization Act.

D. C. Code 11121 note. Ante, p. 4 4 6. D. C. Code 11101 note.

D. C. Code 1121 note.

EFFECTIVE DATES

SEC. 705. (a) Titles II and IV of this Act shall take effect on the date of enactment of this Act, except the first report or statement required to be filed by any individual or political committee under the provisions of such titles shall include that information required under section 13(e) of the District of Columbia Election Act (D.C. Code, sec. 1-1113 (e)) with respect to contributions and expenditures made before the date of enactment of this Act, but after January 1, 1974. (b) Titles I, III, VI and VII of this Act shall take effect on the date of enactment of this Act. (c) Title V of this Act shall take effect January 2, 1975. AMENDMENTS

TO DISTRICT OF COLUMBIA

ELECTION

D. C. Code 11121 note.

Infra.

ACT

SEC. 706. (a) Section 13 of the District of Columbia Election Act (D.C. Code, sec. 1-1113) is amended to read as follows: AUTHORIZATION

"SEC. 13. There are hereby authorized to be appropriated, out of any money in the Treasury to the credit of the District of Columbia not otherwise appropriated, such sums as are necessary to carry out the purposes of this Act.". (b) The first sentence of subsection (b) of section 4 of such Act (D.C. Code, sec. 1-1104) is amended to read as follows: "(b) Each member of the Board shall be paid compensation at the rate of $100 for each eight hour period with a limit of $12,500 per annum, while performing duties under this Act, except during 1974 such compensation shall be paid without regard to such annual limitation.". (c) The amendment made by subsection (a) shall not affect the liability of any person arising out of any violation of section 13 of the

Compensation.

D. C. Code 1H I 3 note.

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PUBLIC LAW 93-377-AUG. 17, 1974

[88 STAT.

District of Columbia Election Act committed before the date of enactment of this title, and any action commenced with respect to such a violation shall not abate. AUTHORITY OF COUNCIL

D.C. Code 11193.

D.C. Code 1121 note.

SEC. 707. Notwithstanding any other provision of law, or any rule of law, nothing in this Act shall be construed as limiting the authority of the District of Columbia Council to enact any act or resolution, after January 2, 1975, pursuant to the District of Columbia Self-Government and Governmental Reorganization Act with respect to any matter covered by this Act. AUTHORIZATION OF APPROPRIATION

D.C. Code 11121 note. D.C. Code 11113 note, 4725,01 note.

SEC. 708. Amounts authorized under section 722 of the District of Columbia Self-Government and Governmental Reorganization Act may be used to carry out the purposes of this Act. Approved August 14, 1974. Public Law 93=377

August 17, 1974 [S.3669]

Atomic Energy Act of 1954, Atomic Weapons Rewards Act of 1 955, amendments. 50 USC 47a note. 50 USC 47a, 47b, 47d.

AN ACT To amend the Atomic Energy Act of 1954, as amended, and the Atomic Weapons Rewards Act of 1955, and for other purposes.

Be it enacted by the Senate and Home of Repremntatices of the United States of America in Congress assembled, That the Atomic Weapons Rewards Act of 1955 is amended as follows: (a) The initial section of the Act is amended by striking out the words "Atomic Weapons Rewards Act of 1955"' and by substituting in lieu thereof "Atomic Weapons and Special Nuclear Materials RcAvards Act." (b) Sections 2, 3, and 5 of the Act are amended to read as follows: "SEC. 2. Any person who furnishes original information to the United States— " (a) leading to the finding or other acquisition by the United States of special nuclear material or an atomic weapon which has been introduced into the United States or manufactured or acquired therein contrary to the laws of the United States, or (b) with respect to the introduction or attempted introduction into the United States or the manufacture or acquisition or attempted manufacture or acquisition of, or a conspiracy to introduce into the United States or to manufacture or acquire, special nuclear material or an atomic weapon contrary to the laws of the United States, or "(c) with respect to the export or attempted export, or a conspiracy to export, special nuclear material or an atomic weapon

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473

from the United States contrary to the laws of the United States, shall be rewarded by the payment of an amount not to exceed $500,000. "SEC. 3. The Attorney General shall determine whether a person Reward. furnishing information to the United States is entitled to a reward and the amount to be paid pursuant to section 2. Before making a reward under this section the Attorney General shall advise and consult with the Atomic Energy Commission. A reward of $50,000 or Presidential more may not be made without the approval of the President.". approval. "SEC. 5. (a) The Attorney General is authorized to hold such hear- Hearings, rules J

i

i x -

- J

J

J

l

,

l

J ^"'^ regulations.

ings and make, promulgate, issue, rescind, and amend such rules and regulations as may be necessary to cairy out the purposes of this Act. "(b) A determination made by the Attorney General under section 3 of this Act shall be final and conclusive and no court shall have power or jurisdiction to review it.". (c) Section 6 of the Act is amended by deleting the words "Awards Board" and by substituting in lieu thereof the words "Attorney General". SEC. 2. Section 54 of the Atomic Energy Act of 1954, as amended, is amended to read as follows:

50 USC 47e.

42 USC 2074.

" SEC. 54. FOREIGN DISTKIBUTIOX or SPECIAL NUCLEAR MAIHRIAL.—a.

The Commission is authorized to cooperate with any nation or group of nations by distributing special nuclear material and to distribute such special nuclear material, pursuant to the terms of an agreement for cooperation to which such nation or group of nations is a party and which is made in accordance with section 123. Unless hereafter otherwise authorized by law the Commission shall be compensated for special nuclear material so distributed at not less than the Commission's published charges applicable to the domestic distribution of such material, except that the Commission to assist and encourage research on peaceful uses or for medical therapy may so distribute without charge during any calendar year only a quantity of such material which at the time of transfer does not exceed in value $10,000 in the case of one nation or $50,000 in the case of any group of nations. The Commission may distribute to the International Atomic Energy Agency, or to any group of nations, only such amounts of special nuclear materials and for such period of time as are authorized by Congress: Provided, however, That, (i) notwithstanding this provision, the Commission is hereby authorized, subject to the provisions of section 123, to distribute to the Agency five thousand kilograms of contained uranium-235, five hundred grams of uranium-233, and three kilograms of plutonium, together with the amounts of special nuclear material which will match in amount the sum of all quantities of special nuclear materials made available by all other members of the Agency to June 1, 1960; and (ii) notwithstanding the foregoing provisions of this subsection, the Commission may distribute to the International Atomic Energy Agency, or to any group of nations, such other amounts of special nuclear materials and for such other periods of time as are established in writing by the Commission: Provided,

'^^ use 2153.

'^^ ^^^ 2153.

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Page:United States Statutes at Large Volume 88 Part 1.djvu/518

 474 Nuclear m a t e r i a l s, proposed amounts and period s, submittal to C o n g r e s s.

Report to Congress.

Special m a t e rials, repurchase.

42 USC 2134. 42 USC 2076.

Infra.

Infra.

PUBLIC LAW 93-377-AUG. 17, 1974

[88 STAT.

however, That before they are established by the Commission pursuant to this subdivision (ii), such proposed amounts and periods shall be submitted to the Congress and referred to the Joint Committee and a period of sixty days shall elapse while Congress is in session (in computing such sixty days, there shall be excluded the days on which either House is not in session because of an adjournment of more than three days): And provided further, That any such proposed amounts and periods shall not become effective if during such sixty-day period the Congress passes a concurrent resolution stating in substance that it does not favor the proposed action: And provided further. That prior to the elapse of the first thirty days of any such sixty-day period the Joint Committee shall submit a report to the Congress of its views and recommendations respecting the proposed amounts and periods and an accompanying proposed concurrent resolution stating in substance that the Congress favors, or does not favor, as the case may be, the proposed amounts or periods. The Commission may agree to repurchase any special nuclear material distributed under a sale arrangement pursuant to this subsection which is not consumed in the course of the activities conducted in accordance with the agreement for cooperation, or any uranium remaining after irradiation of such special nuclear material, at a repurchase price not to exceed the Commission's sale price for comparable special nuclear material or uranium in effect at the time of delivery of such material to the Commission. The Commission may also agree to purchase, consistent with and within the period of the agreement for cooperation, special nuclear material produced in a nuclear reactor located outside the United States through the use of special nuclear material which was leased or sold pursuant to this subsection. Under any such agreement the Commission shall purchase only such material as is delivered to the Commission during any period when there is in effect a guaranteed purchase price for the same material produced in a nuclear reactor by a person licensed under section 104, established by the Commission pursuant to section 56, and the price to be paid shall be the price so established by the Commission and in effect for the same material delivered to the Commission. "b. Notwithstanding the provisions of sections 123, 124, and 125, the Commission is authorized to distribute to any person outside the United States (1) plutonium containing 80 per centum or more by weight of plutonium-238, and (2) other special nuclear material when it has, in accordance with subsection 57 d., exempted certain classes or quantities of such other special nuclear material or kinds of uses or users thereof from the requirements for a license set forth in this chapter. Unless hereafter otherwise authorized by law, the Commission shall be compensated for special nuclear material so distributed at not less than the Commission's published charges applicable to the domestic distribution of such material. The Commission shall not distribute any plutonium containing 80 per centum or more by weight of plutonium-238 to any person under this subsection if, in its opinion, such distribution would be inimical to the common defense and security. The Commission may require such reports regarding the use of

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475

material distributed pursuant to the provisions of this subsection as it deems necessary. "c. The Commission is authorized to license or otherwise permit others to distribute special nuclear material to any person outside the United States under the same conditions, except as to charges, as would be applicable if the material were distributed by the Commission.". SEC. 3. Section 57 of the Atomic Energy Act of 1954, as amended, ^ig^i^'Xsre^'^' is amended by adding at the end thereof the following new subsection: ucense exemp"d. The Commission is authorized to establish classes of special tions. nuclear material and to exempt certain classes or quantities of special " ^ "^^ ^ ^ nuclear material or kinds of uses or users from the requirements for a license set forth in this section when it makes a finding that the exemption of such classes or quantities of special nuclear material or such kinds of uses or users would not be inimical to the common defense and security and would not constitute an unreasonable risk to the health and safety of the public". SEC. 4. Section 81 of the Atomic Energy Act of 1954, as amended, is " ^ use 2W:r. ^ amended by deleting the word "licensees" and inserting in lieu thereof the words "qualified applicants" in the third sentence of such section - and by deleting the fifth sentence of such section. SEC. 5. Sections 123,124, and 125 of the Atomic Energy Act of 1954, J^^^^,^^ HH^ as amended, are amended by substituting the term "54 a." for the term "54.". SEC. 6. Subsection 153 h. of the Atomic Energy Act of 1954, as ^^ "^^ 2^^^amended, is amended by striking the figure "1974" and substituting therefor the figure "1979". SEC. 7. Subsection 161 i. of the Atomic Energy Act of 19|54, as 42^^us?2Toi'. amended, is amended to read as follows: "i. prescribe such regulations or orders as it may deem necessary (1) to protect Restricted Data received by any person in connection with any activity authorized pursuant to this Act, (2) to guard against the loss or diversion of any special nuclear material acquired by any person pursuant to section 53 or produced by any " ^ ^^^ ^°'^^' ^ person in connection with any activity authorized pursuant to this Act, to prevent any use or disposition thereof which the Commission may determine to be inimical to the common defense and security, including regulations or orders designating activities, involving quantities of special nuclear material which in the opinion of the Commission are important to the common defense and security, that may be conducted only by persons whose character, associations, and loyalty shall have been investigated under standards and specifications established by the Commission and as to whom the Commission shall have determined that permitting each such person to conduct the activity will not be inimical to the common defense and security, and (3) to govern any activity authorized pursuant to this Act, including standards and restrictions governing the design, location, and operation of facilities used in the conduct of such activity, in order to protect health and to minimize danger to life or property;". Approved August 17, 1974.

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 476

PUBLIC LAW 93-378-AUG. 17, 1974

[88 STAT.

Public Law 93-378 August 17, 1974 [S.2296]

For e s t and Rangeland Renewable R e s o u r c e s Planning Act of 1974. 16 USC 1601 note. 16 USC 1 6 0 1.

Survey and analysis.

Cooperation with State and U.S. territorial officials.

AN ACT To provide for the Forest Service, Department of Agriculture, to protect, develop, and enhance the productivity and other values of certain of the Nation's lands and resources, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Forest and Rangeland Renewable Resources Planning Act of 1974". SEC. 2. RENEWABLE RESOURCE ASSESSMENT.—(a) I n recognition of the vital importance of America's renewable resources of the forest, range, and other associated lands to the Nation's social and economic well-being, and of the necessity for a long term perspective in planning and undertaking related national renewable resource programs administered by the Forest Service, the Secretary of Agriculture shall prepare a Renewable Resource Assessment (hereinafter called the "Assessment"). The Assessment shall be prepared not later than December 31, 1975, and shall be updated during 1979 and each tenth year thereafter, and shall include but not be limited to— (1) an analysis of present and anticipated uses, demand for, and supply of the renewable resources, with consideration of the international resource situation, and an emphasis of pertinent supply and demand and price relationship trends; (2) an inventory, based on information developed by the Forest Service and other Federal agencies, of present and potential renewable resources, and an evaluation of opportunities for improving their yield of tangible and intangible goods and services, together with estimates of investment costs and direct and indirect returns to the Federal Government; (3) a description of Forest Service programs and responsibilities in research, cooperative programs and management of the National Forest System, their interrelationships, and the relationship of these programs and responsibilities to public and piivate activities; and (4) a discussion of important policy considerations, laws, regulations, and other factors expected to influence and ail'ect significantly the use, ownership, and management of forest, range, and other associated lands. (b) To assure the availability of adequate data and scientific information needed for development of the Assessment, section 9 of the McSweeney-McNary Act of May 22, 1928 (45 Stat. 702, as amended, 16 U.S.C. 581h), is hereby amended to read as follows: "The Secretary of Agriculture is hereby authorized and directed to make and keep current a comprehensive survey and analysis of the present and prospective conditions of and requirements for the renewable resources of the forest and range lands of the United States, its territories and possessions, and of the supplies of such renewable resources, including a determination of the present and potential productivity of the land, and of such other facts as may be necessary and useful in the determination of ways and means needed to balance the demand for and supply of these renewable resources, benefits and uses in meeting the needs of the people of the United States. The Secretary shall carry out the survey and analysis under such plans as he may determine to be fair and equitable, and cooperate with appropriate officials of each State, territory, or possession of the United States, and

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either through them or directly with private or other agencies. There is authorized to be appropriated not to exceed $20,000,000 in any fiscal year to carry out the purposes of this section." SEC. 3. RENEWABLE RESOURCE PROGRAM.—In order to provide for periodic review of programs for management and administration of the National Forest System, for research, for cooperative State and private Forest Service programs, and for conduct of other Forest Service activities in relation to the findings of the Assessment, the Secretary of Agriculture, utilizing information available to the Forest Service and other agencies within the Department of Agriculture, including data prepared pursuant to section 302 of the Rural Development Act of 1972, shall prepare and transmit to the President a recommended Renewable Resource Program (hereinafter called the "Program"). The Program transmitted to the President may include alternatives, and shall provide in appropriate detail for protection, management, and development of the National Forest System, including forest development roads and trails; for cooperative Forest Service programs; and for research. The Program shall be developed in accordance with principles set forth in the Multiple-L^se Sustained-Yield Act of June 12, 1960 (74 Stat. 215; 16 U.S.C. 528-531), and the National Environmental Policy Act of 1969 (83 Stat. 852; 42 U.S.C. 4321-4347). The Program shall be prepared not later than December 31, 1975, to cover the four-year period beginning October 1, 1976, and at least each of the four fiscal decades next following such period, and shall be updated no later than during the first half of the fiscal year ending September 30, 1980, and the first half of each fifth fiscal year thereafter to cover at least each of the four fiscal decades beginning next after such updating. The Program shall include, but not be limited to— (1) an inventory of specific needs and opportunities for both public and private program investments. The inventory shall differentiate between activities which are of a capital nature and those which are of an operational nature; (2) specific identification of Program outputs, results anticipated, and benefits associated with investments in such a manner that the anticipated costs can be directly compared with the total related benefits and direct and indirect returns to the Federal Government; (3) a discussion of priorities for accomplishment of inventoried Program opportunities, with specified costs, outputs, results, and benefits; and (4) a detailed study of personnel requirements as needed to satisfy existing and ongoing programs. SEC. 4. NATIONAL FOREST SYSTEM RESOURCE INVENTORIES.—As a part of the Assessment, the Secretary of Agriculture shall develop and maintain on a continuing basis a comprehensive and appropriately detailed inventory of all National Forest System lands and renewable resources. This inventory shall be kept current so as to reflect changes in conditions and identify new and emerging resources and values. SEC. 5. NATIONAL FOREST SYSTEM RESOURCE PLANNING.—(a) As a part of the Program provided for by section 3 of this Act, the Secretary of Agriculture shall develop, maintain, and, as appropriate, revise land and resource management plans for units of the National Forest System, coordinated with the land and resource management planning processes of State and local governments and other Federal agencies. (b) In the development and maintenance of land management plans for use on units of the National Forest System, the Secretary shall use a systematic interdisciplinary approach to achieve integrated consideration of physical, biological, economic, and other sciences.

477 Appropriation. ^^ use 1602.

^ use loioa.

contents.

^^ ^^^ ^^''^•

^^ "^^ i^""*-

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Page:United States Statutes at Large Volume 88 Part 1.djvu/522

 478 16 USC 1605.

Assessment, Program, and Statement of P o l i c y, transmittal to Speaker of the House and P r e s i d e n t of the Senate. 16 USC 1606.

Congressional s e s s i o n, continuity.

Ante, p. 2 9 7. Annual report to C o n g r e s s.

PUBLIC LAW 93-378-AUG. 17, 1974 SEC.

[88 STAT.

6. COOPERATION I N RESOURCE P L A N N I N G. — The Secretary

of

Agriculture may utilize the Assessment, resource surveys, and Program prepared pursuant to this Act to assist States and other organizations in proposing the planning for the protection, use, and management of renewable resources on non-Federal land. SEC. 7. NATIONAL PARTICIPATION.— (a) On the date Congress first convenes in 1976 and thereafter following each updating of the Assessment and the Program, the President shall transmit to the Speaker of the House of Representatives and the President of the Senate, when Congress convenes, the Assessment as set forth in section 2 of this Act and the Program as set forth in section 3 of this Act, together with a detailed Statement of Policy intended to be used in framing budget requests by that Administration for Forest Service activities for the five- or ten-year program period beginning during the term of such Congress for such further action deemed appropriate by the Congress. Following the transmission of such Assessment, Program, and Statement of Policy, the President shall, subject to other actions of the Congress, carry out programs already established by law in accordance with such Statement of Policy or any subsequent amendment or modification thereof approved by the Congress, unless, before the end of the first period of sixty calendar days of continuous session of Congress after the date on which the President of the Senate and the Speaker of the House are recipients of the transmission of such Assessment, Program, and Statement of Policy, either House adopts a resolution reported by the appropriate committee of jurisdiction disapproving the Statement of Policy. For the purpose of this subsection, the continuity of a session shall be deemed to be broken only by an adjournment sine die, and the days on which either House is not in session because of an adjournment of more than three days to a day certain shall be excluded in the computation of the sixty-day period. Notwithstanding any other provision of this Act, Congress may revise or modify the Statement of Policy transmitted by the President, and the revised or modified Statement of Policy shall be used in framing budget requests. (b) Commencing with the fiscal budget for the year ending September 30, 1977, requests presented by the President to the Congress governing Forest Service activities shall express in qualitative and quantitative terms the extent to which the programs and policies projected under the budget meet the policies approved by the Congress in accordance with subsection (a) of this section. I n any case in which such budget so presented recommends a course which fails to meet the policies so established, the President shall specifically set forth the reason or reasons for requesting the Congress to approve the lesser programs or policies presented. Amounts appropriated to carry out the policies approved in accordance with subsection (a) of this section shall be expended in accordance with the Congressional Budget and Impoundment Control Act of 1974, Public Law 93-344. (c) For the purpose of providing information that will aid Congress in its oversight responsibilities and improve the accountability of agency expenditures and activities, the Secretary of Agriculture shall prepare an annual report which evaluates the component elements of the Program required to be prepared by section 3 of this Act which shall be furnished to the Congress at the time of submission of the annual fiscal budget commencing with the third fiscal year after the enactment of this Act.

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(d) These annual evaluation reports shall set forth progress in implementing the Program required to be prepared by section 3 of this Act, together with accomplishments of the Program as they relate to the objectives of the Assessment. Objectives should be set forth in qualitative and quantitative terms and accomplishments should be reported accordingly. The report shall contain appropriate measurements of pertinent costs and benefits. The evaluation shall assess the balance between economic factors and environmental quality factors. Program benefits shall include, but not be limited to, environmental quality factors such as esthetics, public access, wildlife habitat, recreational and wilderness use, and economic factors such as the excess of cost savings over the value of foregone benefits and the rate of return on renewable resources. (e) The reports shall indicate plans for implementing corrective action and recommendations for new legislation where warranted. (f) The reports shall be structured for Congress in concise summary form with necessary detailed data in appendices. SEC. 8. NATIONAL FOREST SYSTEM PROGRAM ELEMENTS.—The Secre- gndYdmlnl^^tritary of Agriculture shall take such action as will assure that the devel- tion. opment and administration of the renewable resources of the National ^^ ^^^ ^^°^* Forest System are in full accord with the concepts for multiple use and sustained yield of products and services as set forth in the MultipleUse Sustained-Yield Act of 1960. To further these concepts, the Con- ^^^^ "^^ ^^s gress hereby sets the year 2000 as the target year when the renewable resources of the National Forest System shall be in an operating posture whereby all backlogs of needed treatment for their restoration shall be reduced to a current basis and the major portion of planned intensive multiple-use sustained-yield management procedures shall be installed and operating on an environmentally-sound basis. The annual budget shall contain requests for funds for an orderly program to eliminate such backlogs: Provided., That when the Secretary finds that (1) the backlog of areas that will benefit by such treatment has been eliminated, (2) the cost of treating the remainder of such area exceeds the economic and environmental benefits to be secured from their treatment, or (3) the total supplies of the renewable resources of the United States are adequate to meet the future needs of the American people, the budget request for these elements of restoration may be adjusted accordingly. SEC. 9. TRANSPORTATION SYSTEM.—The Congress declares that the ^^ "^^ ^^°^installation of a proper system of transportation to service the National Forest System, as is provided for in Public Law 88-657, the Act of October 13, 1964 (16 U.S.C. 532-538), shall be carried forward in time to meet anticipated needs on an economical and environmentally sound basis, and the method chosen for financing the construction and maintenance of the transportation system should be such as to enhance local, regional, and national benefits, except that the financing of forest development roads as authorized by clause (2) of section 4 of the Act of October 13, 1964, shall be deemed "budget authority" and "budget outlays" as those terms are defined in section 3(a) of the Congressional Budget and Impoundment Control Act of 1974 and shall be effective for any fiscal year only in the manner Ante, p. 299. required for new spending authority as specified by section 401(a) of that Act.

'

^ n f e, p. 317.

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Page:United States Statutes at Large Volume 88 Part 1.djvu/524

 480 16 USC 1609.

Forest Service field offices.

42 USC 3122. Information and data, utilization. 16 USC 1610.

PUBLIC LAW 93-379^AUG. 21, 1974

[88 STAT.

SEC. 10. (a) NATIONAL FOREST SYSTEM DEFINED.—Congress declares

that the National Forest System consists of units of federally owned forest, range, and related lands throughout the United States and its territories, united into a nationally significant sj^stem dedicated to the long-term benefit for present and future generations, and that it is the purpose of this section to include all such areas into one integral system. The "National Forest System" shall include all national forest lands reserved or withdrawn from the public domain of the United States, all national forest lands acquired through purchase, exchange, donation, or other means, the national grasslands and land utilization projects administered under title III of the BankheadJones Farm Tenant Act (50 Stat. 525, 7 U.S.C. 1010-1012), and other lands, waters, or interests therein which are administered by the Forest Service or are designated for administration through the Forest Service as a part of the system. (b) The on-the-ground field offices, field supervisory offices, and legional offices of the Forest Service shall be so situated as to provide the optimum level of convenient, useful services to the public, giving priority to the maintenance and location of facilities in rural areas and towns near the national forest and Forest Service program locations in accordance with the standards in section 901(b) of the Act of November 30, 1970 (84 Stat. 1383), as amended. SEC. 11. RENEWABLE RESOURCES.—In carrying out this Act, the Secretary of Agriculture shall utilize information and data available from other F e ^ r a l, State, and private organizations and shall avoid duplication and overlap of resource assessment and program planning efforts of other Federal agencies. The term "renewable resources" shall be construed to involve those matters within the scope of responsibilities and authorities of the Forest Service on the date of this Act. Approved August 17, 1974. Public Law 93-379

August 2 1. 1974 [ H. R. 12832]

The District of eolumbia Law Revision e o m mission Act. D. e. Code 4 9 401 note. District,of Columbia Law Revision Commission. Establishment. D. e. Code 4 9 401. Membership.

AN ACT To create a Law Revision Commission for the District of Columbia, and to establish a municipal code for the District of Columbia. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as "the District of Columbia Law Revision Commission Act". S E C 2. (a) There is established in the District of Columbia a District of Columbia Law Revision Commission (hereafter in this Act referred to as the "Commission") which shall consist of fifteen members appointed as follows: (1) Two members shall be appointed by the President of the United States. (2) One member shall be appointed by the Speaker of the House of Representatives. (3) One member shall be appointed by the President pro tempore of the Senate. (4) One member shall be appointed by the minority leader of the House of Representatives.

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(5) One member shall be appointed by the minority leader of the Senate. (6) Three members shall be appointed by the Commissioner of the District of Columbia, one of whom shall be a nonlawyer. and one of M'hom shall be a member of the law faculty of a law school in the District of Columbia. (7) One member shall be appointed by the Chairman of the District of Columbia Council. (8) Two members shall be appointed by the Joint Committee on Judicial x\dministration in the District of Columbia. (9) One member shall be appointed by the District of Columbia Corporation Counsel. (10) Two members shall be appointed by the Board of (xovernors of the District of Columbia unified bar. (b) No person may be appointed as a member of the Commission citizenship reunless he is a citizen of the United States. At least eight persons "•^"^" • appointed to the Commission shall be bona fide residents of the District of Columbia who have maintained an actual place of abode in the District of Columbia for at least the ninety days immediately prior to their appointments as such members. The remaining persons appointed as members of the Commission shall be residents of the National Capital Region, as defined in the Act of June 6, 1924 (D.C. Code, sec. 1-1001 et seq.) (establishing the National Capital Planning 4oUSC 7i. Commission), who have maintained an actual place of abode in the National Capital Region for at least ninety days immediately prior to their appointments as such members. (c) Members of the Commission shall serve for four-year terms and '^^'•'"• may be reappointed. (d) The Chairman of the Commission shall be selected by the members of the Commission from among their number. (e) Each appointment of members of the Commission shall be made. Non-partisan without regard to political party affiliation, on the basis of the ability ^P^°'" ""^^ • of that person to perform his duties with the Commission. (f) Appointments made to fill vacancies on the Commission shall be made in the same manner, and on the same basis, as original appointments to the Commission are made. A member appointed to fill a vacancy shall serve until the expiration of the term of the member whose vacancy he was appointed to fill. (g) Members and the Chairman of the Commission shall be entitled compensation. to receive $100 for each day (including traveltime) during which they are engaged in the actual performance of duties vested in the Commission, except no member or Chairman shall receive more than $5,000 for the i^erformance of such duties during any twelve-month period. (h) While away from their homes or regular places of business in ^^^""^^^ expenses. the performance of the duties of the Commission, members, including the Chairman, of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5 of the United States Code.

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Page:United States Statutes at Large Volume 88 Part 1.djvu/526

 482 Personnel.

5 USC 5101, 5311.

Information, availability.

Contract authority.

Duties. D.C. Code 49402.

PUBLIC LAW 93-379-AUG. 21, 1974

[88 STAT.

(i) The Commission may appoint and fix the compensation of such personnel as it deems advisable. Such personnel shall be appointed subject to the provisions of title 5 of the United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter II of chapter 5o of such title relating to classification and General Schedule pay rates. Persons appointed to the staif of the Commission shall be so appointed solely on the basis of their ability to perform the duties of the (Commission without regard to political party affiliation. Employees of the Commission shall be regarded as employees of the District of Columbia government. (j) The Commission, acting through its Chairman, may request from any department, agency, or instrumentality of the executive branch of the Federal and District governments, including independent agencies, any information for carrying out the purposes of this Act; and each department, agency, instrumentality, and independent agency is authorized and directed, to the extent permitted by law, to furnish to the Commission the requested information. (k) The Commission may enter into contracts with Federal or State agencies, private firms, institutions, and individuals for the conduct of research or surveys, the preparation of reports, and other activities necessary to the discharge of its duties. (I) The Commission may establish such advisory groups, committees, and subcommittees, consisting of members or nonmembers, as it deems necessary and appropriate to carry out the purposes of this Act. SEC. 3. (a) I t shall be the duty of the Commission to— (1) examine the common law and statutes relating to the District of Columbia, the ordinances, regulations, resolutions, and acts of the District of Columbia Council, and all relevant judicial decisions for the purpose of discovering defects and anachronisms in the law relating to the District of Columbia and recommending needed reforms; (2) receive and consider proposed changes in the law recommended by the American Law Institute, the Conference of Commissioners on Uniform State Laws, any bar association or other learned bodies; (3) receive and consider suggestions from judges, justices, public officials, lawyers, and the public generally as to defects and anachronisms in the law relating to the District of Columbia; and (4) recommend, from time to time, to the Congress, and where appropriate to the Commissioner of the District of Columbia and to the District of Columbia Council, such changes in the law relating to the District of Columbia as it deems necessary to modify or eliminate antiquated and inequitable rules of law, and to bring the law relating to the District of Columbia, both civil and criminal, into harmony with modern conditions. In carrying out its duties under this Act, the Commission shall give special consideration to the examination of the common law and statutes relating to the criminal law in the District of Columbia, and all

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483

relevant judicial decisions, for the purpose of discovering defects and anachronisms in the law relating to the criminal law in the District of Columbia and recommending needed reforms. (b) In addition to those duties of the Commission specified in subsection (a), the Commission shall prepare and recommend proposed uniform rules of practice, including rules relating to the conduct of hearings, for administrative agencies of the District of Columbia, including both independent and subordinate agencies, which conduct on-the-record hearings. The Commission shall also make a study of the District of Columbia Administrative Procedure Act for the purpose of preparing a manual, including relevant legis- i^\^^^°'^^ ^' lative history and legal precedents, for the guidance of the respective administrative agencies. SEC. -1. (a) The Commission shall make an annual report of its pr^s?j°Jnt*°conproceedings to the President, to the Congress, to the Commissioner gress, commisof the District of Columbia, and to the District of Columbia Council D'i°s"rict°^of^coium by March 31 of each year. All reports of the Commission to the bra,"and°Dis°ri'cT Congress, including reports made under section 3(a)(4), shall be of Columbia filed with the Clerk of the House of Representatives and the Secre- D^'.'c^.'code 49tary of the Senate, and where appropriate, include drafts of proposed 403. bills to carry out any of its recommendations. (b) Upon the filing of the Commission's annual report at the end d aTermination te. of the fourth full calendar year after the date that funds are first appropriated to the Commission, the Commission shall cease to exist, unless extended by Congress. SEC. 5. (a) Section 7 of the District of Columbia Administrative Municipal code Procedure Act (D.C. Code, sec. 1-1507) is amended by adding at the columMi!"""' °' end thereof the following: " (d) P^very regulation in the nature of a law or municipal ordinance adopted by the Council under authority specified in Reorganization Plan Numbered 3 of 1967, or under authority of any Act of Congress, ^ use app. upon enactment, shall be codified and published in a Municipal Code of the District of Columbia which shall conform as closely as possible and shall be cross-indexed with the District of Columbia Code compiled by the Committee on the Judiciary of the House of Representatives. The Council shall from time to time issue such supplements or otherwise update and keep current the Municipal Code of the District of Columbia established under this subsection. The first such codification and publication of the Municipal Code of the District of Columbia shall be completed within one year after the date of enactment of this subsection.". ^ (b) The District of Columbia Council shall provide for public ^^^•''- "^""^ ^^distribution (at cost) of the Municipal Code of the District of Columbia established by the amendment made by subsection (a). SEC. 6. For the purpose of carrying out this Act, including the Appropriation. amendment made by this Act, there are authorized to be appropriated, 405!*^" '^"^^ "*'" out of moneys in the Treasury credited to the District of Columbia and not otherwise appropriated, such amounts as may be necessary to carry out the purpose of this Act. Approved August 21, 1974.

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PUBLIC LAW 93-380-AUG. 21, 1974

[88 STAT.

Public Law 93-380 August 21, 1974 [H. R. 69]

Education Amendments of

AN ACT rp^ extend and amend the Elementary and Secondary Education Act of 1965, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may ^^ ^-^^^ ^^ ^^^ "Education Amendments of 1974".

20 USC 821 note.

T A B L E O F CONTENTS Sec. 2. General provisions. TITLE I—AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT O F 1965 Sec. 101. Amendments to title I of the Elementary and Secondary Education Act of 1965—special educational programs and projects for educationally deprived children. (a)(1) Extension of the program. (2) Amendments relating to allocation of basic g r a n t s. (3) Amendment relating to incentive grants. (4) Amendments relating to special grants. (5) Amendments relating to applications. (6) Amendments relating to participation of children enrolled in private schools. (7) Amendments relating to adjustments where necessitated by appropriations. (8) Amendments relating to allocation of funds within the school district of a local educational agency and program evaluation. (9) Technical amendments. (10) Provision with respect to additional authorizations for certain local educational agencies, (b) Effective date. Sec. 102. School library resources, textbooks, and other instructional materials. Sec. 103. Supplementary educational centers and services; guidance, counseling, and testing. Sec. 104. Strengthening State and local educational agencies. Sec. 105. Bilingual educational programs. Sec. 106. Statute of limitations. Sec. 107. Dropout prevention projects. Sec. 108. School nutrition and health services. Sec. 109. Correction education services. Sec. 110. Open meetings of educational agencies. Sec. 111. Ethnic heritage studies centers. TITLE II—EQUAL EDUCATIONAL O P P O R T U N I T I E S AND THE TRANSPORTATION OF STUDENTS Sec. 201. Short title. PART A — E Q U A L EDUCATIONAL OPPORTUNITIES

Subpart 1—Policy and Purpose Sec. 202. Declaration of policy. Sec. 203. Findings. Subpart 2—Unlawful Practices Sec. 204. Denial of equal educational opportunity prohibited. Sec. 205. Balance not required. Sec. 206. Assignment on neighborhood basis not a denial of equal educational opportunity. Subpart 3—Enforcement Sec. 207. Civil actions. Sec. 208. Effect of certain population changes on certain actions. See. 209. Jurisdiction of district courts. Sec. 210. Intervention by Attorney General. Sec. 211. Suits by the Attorney General.

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PUBLIC LAW 93-380-AUG. 21, 1974 Subpart 4—Remedies

Sec. Sec. Sec. Sec. Sec. Sec. Sec.

213. Formulating remedies; applicability. 214. Priority of remedies. 215. Transportation of students. 216. District lines. 217. Voluntary adoption of remedies. 218. Reopening proceedings. 219. Limitation on orders. Subpart 5—Definitions

Sec. 221. Definitions. Subpart 6—Miscellaneous Provisions Sec. 222. Repealer, Sec. 223. Separability of provisions. PAST B—OTHER PROVISIONS RELATING TO THE ASSIGNMENT AND TRANSPORTATION OF STUDENTS

Sec. 251. Prohibition against assignment or transportation of students to overcome racial imbalance. Sec. 252. Prohibition against use of appropriated funds for busing. Sec. 253. Provision relating to court appeals. Sec. 254. Provision requiring that rules of evidence be uniform. Sec. 255. Application of proviso of section 407(a) of the Civil Rights Act of 1964 to the entire United States. Sec. 256. Additional priority of remedies. Sec. 257. Remedies with respect to school district lines. Sec. 258. Prohibition of forced busing during the school year. Sec. 259. Reasonable time for developing voluntary plan for desegregating schools.

TITLE III—FEDERAL IMPACT AID PROGRAMS Sec. 301. Duration of payments under Public Law 815, Eighty-first Congress. Sec. 302. Amendments to Public Law 815, Eighty-first Congress. Sec. 303. Duration of payments under title I of Public Law 874, Eighty-first Congress except section 3 thereof. Sec. 304. Amendments to Public Law 874, Eighty-first Congress for fiscal year 1975. Sec. 305. Amendments to sections 3, 5, and 7 of Public Law 874, Eighty-first Congress. TITLE IV—CONSOLIDATION OF CERTAIN EDUCATION PROGRAMS Sec. 401. Consolidation of library, and learning resources, educational innovation, and support programs. Sec. 402. Consolidation of certain federally operated educational programs. (a) The Special Projects Act. (b)(1) Priorities and preferences under the Special Projects Act. (2) Apportionment of reserved funds. (3) Uses of reserved funds. (4) Limitation on duplicate appropriations. (c)(1) Effective date. (2) Amendments repealing section 306 of the Elementary and Secondary Education Act of 1965. ((3) Amendments repealing section 809 of the Elementary and Secondary Education Act of 1965. Sec. 403. Education for the use of the metric system of measurement. Sec. 404. Gifted and talented children. Sec. 405. Community schools. Sec. 406. Career education. Sec. 407. Consumers' education. Sec. 408. Women's educational equity. Sec. 409. Elementary and secondary school education in the arts. Sec. 410. Effective date.

485

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PUBLIC LAW 93-380-AUG. 21, 1974

[88 STAT.

TITLE V—EDUCATION ADMINISTRATION Sec. Sec. Sec. Sec. Sec.

501. 502. 503. 504. 505.

Sec. 506. Sec. 507. Sec. 508. Sec. 509. Sec, Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

510. 511. 512. 513. 514. 515. 516. 517. 518. 519.

TITLE

National center for education statistics. General provisions relating to oflScers in the education division. Amendments with respect to the OflSce of Education; regional oflfices. Amendments with respect to the education division. Amendment with respect to applicability, authorization of appropriations, and other general matters. Revision of appropriations and evaluations provisions. Applicability of part C. Publication of indexed compilation of innovative projects; review of applications. Amendments to section 431 of the General Education Provisions Act relating to rules, regulations, and other requirements of general applicability. Audits and recordkeeping. Simplified State application. Furnishing information. Protection of the rights and privacy of parents and students. Protection of pupil rights. Limitation on withholding of Federal funds. Appointment of members of and functioning of advisory councils. Other amendments relating to advisory councils. Relation to other laws. Office of Libraries and Learning Resources.

VI — E X T E N S I O N AND R E VI S I O N OF R E L A T E D ELMENTARY AND SECONDARY EDUCATION PROGRAMS PART A—ADULT EDUCATION

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

601. 602. 603. 604. 605. 606. 607. 608. 609.

Definition of "community school program". Special projects reservation eliminated. New State plan requirements. Use of funds for special projects. Clearinghouse on adult education. State advisory councils. Amendments relating to bilingual education. Extension of authorizations of a p p r o p r i a t i o n s; technical amendments. Effective dates. PART B — E D U C A T I O N OF THE HANDICAPPED

See. Sec. Sec. Sec. Sec. See. Sec. Sec. Sec. Sec. Sec.

611. 612. 613. 614. 615. 616. 617. 618. 619. 620. 621.

Short title. B u r e a u for the education and training of the handicapped. Advisory Committee. State entitlements. Additional State plan requirement. Regional education programs for deaf and other handicapped persons. Centers and services Personnel training. Research. Instructional media. Specific learning disabilities. PART C — I N D I A N EDUCATION

Sec. 631. Extension of programs for the education of Indian children. Sec. 632. Revision of programs relating to Indian education. PART D — E M E R G E N C Y SCHOOL A I D

Sec. Sec. Sec. Sec. Sec. Sec.

641. 642. Q4S. 644. 645. 646.

Extension of the Emergency School Aid Act. Repeal of reservation for certain metropolitan projects. Amendment with respect to eligibility. Special projects for the teaching of mathematics. Amendment relating to nonprofit groups. Effective date.

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PUBLIC LAW 93-380-AUG. 21, 1974

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PART E — N A T I O N A L DEIFENSE EDUCATION

Sec. 651. Extension of title III. TITLE VII—NATIONAL R E A D I N G IMPROVEMENT PROGRAM Sec. 701. Statement of purpose. PART A—'READING IMPROVEMENT PROJECTS

Sec. 705. Projects authorized. PART B — S T A T E READING IMPROVEMENT PROGRAMS

Sec. Sec. Sec. Sec.

711. 712. 713. 714.

Statement of purpose. Applicability and effective date. Allotments to States. Agreements with State educational agencies. PART C — OTHER READING IMPROVEMENT PROGRAMS

Sec. 721. Special emphasis projects. Sec. 722. Reading training on public television. Sec. 723. Reading academies. PART D — GENERAL PROVISIONS

Sec. 731. Evaluation. Sec. 732. Authorization of appropriations. TITLE VIII— M IS CEL LANEOUS PROVISIONS PART A — P O L I C Y STATEMENTS AND W H I T E H O U S E CONFERENCE ON EDUCATION

Sec. 801. National policy with respect to equal educational opportunity. Sec. 802. Policy with respect to advance funding of education programs. Sec. 803. Policy of the United States with respect to museums as educational institutions. Sec. 804. White House Conference on Education. PART B—EDUCATIONAL STUDIES AND SURVEYS

Sec. 821. Study of purposes and effectiveness of compensatory education programs. Sec. 822. Survey and study for updating number of children counted. Sec. 823. Study of the measure of poverty used under title I of the Elementary and Secondary Education Act of 1965. Sec. 824. Study of late funding of elementary and secondary education programs. Sec. 825. Safe school study. Sec. 826. Study of athletic injuries. PART C — AMENDMENTS TO THE H I G H E R EDUCATION ACT OF

Sec. Sec. Sec. Sec. Sec. Sec. Sec.

831. 832. 833. 834. 835. 836. 837.

1965

Community service and continuing education amendments. Developing institutions amendment. Bilingual education amendments. Veterans cost of instruction payments amendments. Teacher corps amendments. Amendment to title IX respecting training in the legal profession. Community college and occupational education amendment. PART D — OTHER MISCELLANEOUS PROVISIONS

Sec. 841. Amendments to the Library Services and Construction Act and the Vocational Education Act of 1963 relating to bilingual education and vocational training. Sec. 842. Assistance to States for State equalization plans. Sec. 843. T r e a t m e n t of P u e r to Rico a s a State. Sec. 844. Provision relating to sex discrimination. Sec. 845. Extension of advisory councils. Sec. 846. Separability.

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PUBLIC LAW 93-380-AUG. 21, 1974 GENERAL

Definitions.

Effective dates. 20 USC 241b note.

[88 STAT.

PROVISIONS

SEC. 2. (a) As used in this Act— (1) the term "Secretary" means the Secretary of Health, Education, and Welfare; (2) the term "Assistant Secretary" means the Assistant Secretary of Health, Education, and Welfare for Education; and (3) the term "Commissioner" means the Commissioner of Education; unless the context of such use recjuires another meaning. (b) Unless otherwise specified, the redesignation of a title, part, section, subsection, or other designation by any amendment in this Act shall include the redesignation of all references to such title, part, section, subsection, or other designation in any Act or regulation, however styled. (c)(1) Unless otherwise specified, each provision of this Act and each amendment made by this Act shall be effective on and after the sixtieth day after the enactment of this Act. (2) I n any case whore the effective date for an amendment made by this Act is expressly stated to be effective after June 30, 1973, or on July 1, 1973, such amendment shall be deemed to have been enacted on June 30, 1973. TITLE I—AMENDMENTS TO THE E L E M E N T A R Y AND S E C O N D A R Y E D U C A T I O N ACT O F 1965 AMENDMENTS TO TITLE I OF THE E L E M E N T A R Y A N D SECONDARY EDUCATION ACT OF 1965 SPECIAL EDUCATIONAL PROGRAMS A N D P R O J E C T S FOR EDUCATIONALLY DEPRIVED C H I L D R E N

20 USC 241b.

SEC. 101. (a)(1) Section 102 of title I of the Elementary and Secondary Education Act of 1965 is amended to read as follows: uDUIiATION OF ASSISTANCE

20 USC 241c. Appropriation. 20 USC 241c.

Post,

p. 500.

Post,

p. 494.

"SEC. 102. During the period beginning July 1, 1973, and ending June 30, 1978, the Commissioner shall, in accordance with the provisions of this title, make payments to State educational agencies for grants made on the basis of entitlements created under this title.". (2)(A)(i)(I) Such title 1 is amended by inserting immediately after the heading of part A the following new heading: "Subpart 1—Grants to Local Educational Agencies". ( II) Section 103(a) of such title I is amended to read as follows: "SEC. 103. (a)(1) There is authorized to be appropriated for each fiscal year for the purpose of this paragraph 1 per centum of the amount appropriated for such year for payments to States under section 143(a) (other than payments under such section to jurisdictions excluded from the term 'State' by this subsection, and payments pursuant to section 124), and there shall be authorized to be appropriated such additional sums as will assure at least the same level of funding under this title as in fiscal year 1973 for Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and to the Secretary of the Interior for payments pursuant to paragraphs (1) and (2) of subsection (d). The amount appropriated pursuant to this paragraph shall be allotted by the Commissioner (A) among Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands according to their respective need for grants under this part, and (B) to the Secretary of the Interior in the

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PUBLIC LAW 93-380-AUG. 21, 1974

489

amount necessary (i) to make payments pursuant to paragraph (1) of subsection (d), and (ii) to make payments pursuant to paragraph (2) of subsection (d). The grant which a local educational agency in Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands is eligible to receive shall be determined pursuant to such criteria as the Commissioner determines will best carry out the purposes of this title. "(2) In any case in which the Commissioner determines that satis^ram formula. factory data for that purpose are available, the grant which a local educational agency in a State shall be eligible to receive under this subpart for a fiscal year shall (except as provided in paragraph (3)) be determined by multiplying the number of children counted under subsection (c) by 40 per centum of the amount determined under the next sentence. The amount determined under this sentence shall be the average per pupil expenditure in the State except that (A) if the average per pupil expenditure in the State is less than 80 per centum of the average per pupil expenditure in the United States, such amount shall be 80 per centum of the average per pupil expenditure in the United States, or (B) if the average per pupil expenditure in the State is more than 120 per centum of the average per pupil expenditure in the United States, such amount shall be 120 per centum of the average per pupil expenditure in the United States. In any case in which such data are not available, subject to paragraph (3), the grant for any local educational agency in a State shall be determined on the bas^s of the aggregate amount of such grants for all such agencies in the county or counties in which the school district of the particular agency is located, which aggregate amount shall be equal to the aggregate amount determined under the two preceding sentences for such county or counties, and shall be allocated among those agencies upon such equitable basis as may be determined by the State educational agency in accordance with basic criteria prescribed by the Commissioner. "(3)(A) Upon determination by the State educational agency that Special educaa local educational agency in the State is unable or unwilling to provide for the special educational needs of children described in clause (C) of paragraph (1) of subsection (c), who are living in institutions for neglected or delinquent children, the State educational agency shall, if it assumes responsibility for the special educational needs of such children, be eligible to receive the portion of the allocation to such local educational agency which is attributable to such neglected or delinquent children, but if the State educational agency does not assume such responsibility, any other State or local public agency, as determined by regulations established by the Commissioner, which does assume such responsibility shall be eligible to receive such portion of the allocation. " (B) In the case of local educational agencies which serve in whole or in part the same geographical area, and in the case of a local educational agency which provides free public education for a substantial number of children who reside in the school district of another local educational agency, the State educational agency may allocate the amount of the grants for those agencies among them in such manner as it determines will best carry out the purposes of this title. " (C) The grant which Puerto Rico shall be eligible to receive under grant formula. „ f ""*„°^^,\^„°' this subpart for a fiscal year shall be the amount arrived at by multi- """* " "" " plying the number of children counted under subsection (c) by 40 per centum of (i) the average per pupil expenditure in Puerto Rico or (ii) in the case where such average per pupil expenditure is more than 120 per centum of the average per pupil expenditure in the United States, 120 per centum of the average per pupil expenditure in the United States.

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 490 "^'^'^•" 20 USC 241c.

Post, p. 494.

^"P'^'

R^p^^i^"P^^'

42 USC 601.

PUBLIC LAW 93-380-AUG. 21, 1974

[88 STAT.

"(4) For purposes of this subsection, the term 'State' does not include Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands." (ii) gection 103(b) of such title I is amended by striking out "aged five to seventeen, inclusive, described in clauses (A), (B), and (C) of the first sentence of paragraph (2) of subsection (a) " and inserting in lieu thereof "counted under subsection (c)". (B) Section 103(c) of such title I is amended to read as follows: "(c)(1) The number of children to be counted for purposes of this section is the aggregate of (A) the number of children aged five to seventeen, inclusive, in the school district of the local educational agency from families below the poverty level as determined under paragraph (2)(A), (B) two-thirds of the number of children aged five to seventeen, inclusive, in the school district of such agency from families above the poverty level as determined under paragraph (2) (B), and (C) the number of children aged five to seventeen, inclusive, in the school district of such agency living in institutions for neglected or delinquent children (other than such institutions operated by the United States) but not counted pursuant to section 123 for the purposes of a grant to a State agency, or being supported in foster homes with public funds.". (C)(i) Subsection (d) of section 103 is redesignated as paragraph (2) of subsection (c). (ii) The first sentence of such paragraph (2), as redesignated by this section, is amended to read as follows: " (A) For the purposes of this section, the Commissioner shall determine the number of children aged five to seventeen, inclusive, from families below the poverty level on the basis of the most recent satisfactory data available from the Department of Commerce for local educational agencies (or, if such data are not available for such agencies, for counties); and in determining the families which are below the poverty level, the Commissioner shall utilize the criteria of poverty used by the Bureau of the Census in compiling the 1970 decennial census.". (iii) The second sentence of paragraph (2) of such subsection (c) (as redesignated by this section) is repealed. (iv) The third sentence of such paragraph (2) is amended to read as follows: " (B) For purposes of this section, the Secretary of Health, Education, and Welfare shall determine the number of children aged five to seventeen, inclusive, from families above the poverty level on the basis of the number of such children from families receiving an annual income, in excess of the current criteria of poverty, from payments under the program of aid toi families with dependent children under a State plan approved under title IV of the Social Security Act; and in making such determinations the Secretary shall utilize the criteria of poverty used by the Bureau of the Census in compiling the 1970 decennial census for a nonfarm family of four in such form as those criteria have been updated by increases in the Consumer Price Index. The Secretary shall determine the number of such children and the number of children of such ages living in institutions for nearlected or delinquent children, or being supported in foster homes with public funds, on the basis of the caseload data for the month of January of the preceding fiscal year (using, in the case of children described in the preceding sentence, the criteria of poverty and the form of such criteria required by such sentence which were determined for the second calendar year preceding such month of January) or, to the extent that such data are not available to him before April 1 of the calendar year

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