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$305,000, the amount of the budget request, is hereby appropriated for the purpose of collecting line-of-business data from not to exceed 500 firms, as determined by the Federal Trade Commission. No part of tliese funds may be used to pay the salary of any employee, including Commissioners, of the Federal Trade Commission who— (1) uses the information provided in the line-of-business program for any purpose other than statistical purposes. Such information for carrying out specific law enforcement responsibilities of the Federal Trade Commission shall be obtained under existing practices and procedures or as changed by law; or (2) makes any publication whereby the line-of-business data furnished by a particular establishment or individual can be identified; or (3) permits anyone other than sworn officers and employees of the Federal Trade Commission to examine the line-of-business reports from individual firms. DEPARTMENT or AGRICULTURE FOOD AND NUTRITION SERVICE CHILD N U T R I T I O N PROGRAMS

For necessary expenses to carry out the provisions of the National School Lunch Act, as amended (42 U.S.C. 1751-1761); Public Law 91-248 and the applicable provisions other than section 3 of the Child Nutrition Act of 1966, as amended (42 U.S.C. 1773-1785); $1,294,630,000, of which $641,601,000 shall be derived by transfer from funds available under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c): Provided, That of the foregoing total amount there shall be available $28,000,000 for the nonfood assistance program, $6,700,000 for the State administrative expenses, and $25,000,000 for special food service programs for children: Provided further, That funds provided herein shall remain available until expended in accordance with section 3 of the National School Lunch Act, as amended: Provided further, That no part of this appropriation shall be used for nonfood assistance under section 6 of the National School Lunch Act, as amended: Provided further, That an additional $64,325,000 shall be transferred to this appropriation from funds available under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), for purchase and distribution of agricultural commodities and other foods pursuant to section 6 of the National School Lunch Act, as amended: Pro aided further, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $75,000 shall be available for employment under 5 U.S.C. 3109.

42 USC 1752. 42 USC 1754.

42 USC 1755.

SPECIAL MILK PROGRAM

For necessary expenses to carry out the provisions of the special milk program, as authorized by section 3 of the Child Nutrition Act of 1966, as amended (42 U.S.C. 1772), $120,000,000. FOOD S T A M P

PROGRAM

For necessary expenses of the food stamp program pursuant to the Food Stamp Act of 1964, as amended, $3,989,785,000: Provided, That 7 USC 2011 funds provided herein shall remain available until expended in accord- "°'^' ance with Section 16 of the Food Stamp Act of 1964, as amended: ^ use 2025.

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7 USC 2024.

PUBLIC LAW 93-563-DEC. 31, 1974

[88

STAT.

Provided further, That this appropriation shall be available for employment pursuant to the second sentence of Section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $100,000 shall be available for employment under 5 U.S.C. 3109: Provided further, That no part of the funds appropriated by this Act shall be used during the fiscal year ending June 30, 1975 to make food stamps available to any household, to the extent that the entitlement otherwise available to such household is attributable to an individual who; (i) has reached his eighteenth birthday; (ii) is enrolled in an institution of higher education; and (iii) is properly claimed as a dependent child for Federal income tax purposes by a taxpayer who is not a member of an eligible household: Provided further, That funds provided herein shall be expended in accordance with section 15(b) of the Food Stamp Act of 1964, as amended. TITLE V—GENERAL PROVISIONS

Passenger motor v e h i c l e s.

Cotton price forecast, prohibi-

Contracting, minimum sum. 7 USC 1623a.

Marihuana.

Advancement of funds.

SEC. 501. Within the unit limit of cost fixed by law, appropriations and authorizations made for the Department of Agriculture under this Act shall be available for the purchase, in addition to those specifically provided for, of not to exceed seven hundred and sixty-five (765) passenger motor vehicles, of which five hundred and thirty-five (535) shall be for replacement only, and for the hire of such vehicles. SEC. 502. Funds available to the Department of Agriculture shall be available for uniforms or allowances therefor as authorized by law (5 U.S.C. 5901-5902). SEC. 503. No part of the funds appropriated by this Act shall be used for the payment of any officer or employee of the Department of Agriculture who, as such officer or employee, or on behalf of the Department or any division, commission, or bureau thereof, issues, or causes to be issued, any prediction, oral or written, or forecast, except as to damage threatened or caused by insects and pests with respect to future prices of cotton or the trend of same. SEC. 504. Except to provide materials required in or incident to research or experimental work where no suitable domestic product is available, no part of the funds appropriated by this Act shall be expended in the purchase of twine manufactured from commodities or materials produced outside the United States. SEC. 505. Not less than $1,500,000 of the appropriations of the Department of Agriculture for research and service work authorized by the Acts of August 14, 1946, July 28, 1954, and September 6, 1958 (7 U.S.C. 427, 1621-1629; 42 U.S.C. 1891-1893), shall be available for contracting in accordance with said Acts. SEC. 506. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 507. No part of the funds contained in this Act may be used to make production or other payments to a person, persons, or corporations who harvest or knowingly permit to be harvested for illegal use, marihuana, or other such prohibited drug-producing plants on any part of lands owned or controlled by such persons or corporations. SEC. 508. Advances of money from any appropriation for the Department of Agriculture may be made by authority of the Secretary of Agriculture to chiefs of field parties. SEC. 509. No part of any appropriation contained in this Act shall be available for paying to the Administrator of the General Services Administration m excess of 90 percent of the standard level user

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charge established pursuant to section 210(j) of the Federal Property and Administrative Services Act of 1949, as amended, for space and services. SEC. 510. No part of any funds appropriated under this Act may be used by the Environmental Protection Agency to adniinister any program to tax, limit, or otherwise regulate parking facilities. This Act may be cited as the "Agriculture-Environmental and Consumer Protection Appropriation Act, 1975". Approved December 31, 1974.

1843

4o use 49o.

^^°^^ '^'i^-

Public Law 93-564 AN ACT

To authorize exchange of lands adjacent to the Teton National Forest in Wyoming, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of the Act of March 20, 1922 (42 Stat. 465), as amended and supplemented by the Act of February 28, 1925 (43 Stat. 1090), and the Act of June 11, 1960 (74 Stat. 205), are hereby extended to the following described lands: TOWNSHIP 41 NORTH, RANGE 116 W E S T, SIXTH PRINCIPAL MERIDIAN

December 31, 1974

[s^J489]_^_

po^eg^^wo'""^^ °Land ex^'change. J^^ use 48s ""le'usc 485, ^se. 7 USC 2201 note.

Section 34, northwest quarter southwest quarter. SEC. 2. Lands conveyed to the United States under this Act shall, upon acceptance of title, become parts of the Teton National Forest and shall be subject to the laws, rules, and regulations applicable thereto. Approved December 31, 1974. Public Law 93-565 AN ACT

December 31, 1974

To remove the cloud on title with respect to certain lands in the State of Nevada.

fs. 3518]

Be it enacted by the Senate arid House of Representatives of the United States of America in Congress assembled, That notwithstand- Nevada. Title to ing any other provision of law, all right, title, and interest of the lands United States in and to all lands which the State of Nevada, prior to the date of the enactment of the Act of June 16, 1880 (21 Stat. 287), sold and patented on the basis of the grant to it under section 7 of the Act of March 21, 1964 (Nevada Enabling Act) (13 Stat. 30), shall be deemed to have been vested in the State of Nevada as of the time such lands were so sold and patented. SEC. 2. The Secretary of the Interior is authorized to issue to the State of Nevada such documents or other instruments as may be necessary to carry out the purposes of this Act. Approved December 31, 1974.

certain

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PUBLIC LAW 93-566-DEC. 31, 1974

[88

STAT.

Public Law 93-566 December 31, 1974 [S. 194]

Anchorage, Alaska. Land conveyance.

Conditions.

Agreements,

AN ACT To authorize the Secretary of the Interior to convey to the city of Anchorage, Alaska, interests of the United States in certain lands.

Be it enacted by the Senate and House of Representatives of the United States of Amet'ica in Congress assembled, That the Secretary of the Interior is authorized to transfer by quitclaim deed or other appropriate means to the city of Anchorage, Alaska, all right, title, and interest remaining in the United States in and to block 42 of Anchorage townsite (proper) which was conveyed to the city of Anchorage by patent numbered 873718 (dated July 27, 1922), and patent numbered 1117601 (dated December 8, 1943), block 52 of Anchorage townsite (proper) which was so conveyed by patent numbered 873718 (dated July 27, 1922), and lots 2, 3, and 4 of block 81 of Anchorage townsite (proper) which were conveyed by patent numbered 873718 (dated July 27, 1922). SEC. 2. No conveyance may be made under this Act unless the city of Anchorage has shown to the satisfaction of the Secretary that— (1) the city of Anchorage will sell blocks 42, 52, and lots 2,, 3, and 4 of block 81 in Anchorage townsite (proper) at not less than fair market value; (2) the proceeds from the sale thereof will be spent to acquire property located in the central business district of Anchorage townsite (proper); (3) any property acquired with such proceeds is of a similar nature as blocks 42, 52, and lots 2, 3, and 4 of block 81; (4) any property acquired with such proceeds is more suitable for municipal purposes than blocks 42, 52, and lots 2, 3, and 4 of block 81; and (5) any amount by which the proceeds from the sale of blocks 42, 52, and lots 2, 3, and 4 of block 81 exceed the purchase price of property purchased under clause (2) shall be paid to the United States. SEC. 3. If the requirements of section 2 are satisfied, the Secretary of the Interior is authorized to enter into an agreement or agreements with the city of Anchorage, Alaska whereby, in consideration of a quitclaim deed to the city of Anchorage of all right, title, and interest remaining in the United States in and to those portions of block 42 and block 52 and lots 2, S, and 4 of block 81 of Anchorage townsite (proper) which have been conveyed to the city of Anchorage, the city of Anchorage agrees that— (1) title to any property acquired with the proceeds of the sale of any portion of either block 42, block 52, or lots 2, 3, and 4 of block 81 as described in section 1 will vest in the United States if such property ever ceases to be used for municipal purposes; and (2) that the city of Anchorage will, within ninety days after acquiring such lands, execute a deed to this effect and deliver said deed to the Secretary of the Interior. Approved December 31, 1974.

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Public Law 93-567 AN ACT

December31, 1974

To provide assistance for unemployed persons.

—LJ—'—1———

Be it enacted ly the Senate and House of Representatives of the United States of ATuerica in Congress assembled, That this Act may Emergency jobs be cited as the "Emergency Jobs and Unemployment Assistance Act ^"ntAsTut^nce of 1974".

Act of 1974 29 USC 961 note.

TITLE I—PUBLIC SERVICE EMPLOYMENT EMERGENCY JOB FBOGRAMS AUTHORIZED

SEC. 101. The Comprehensive Employment and Training Act of 1973 is amended by redesignating title VI, and all references thereto, as title VII, by redesignating sections 601 through 615, and all references thereto, as sections 701 through 715, respectively, and by inserting after title V the following new title:

29 USC 981-992,

"TITLE VI—EMERGENCY JOB PROGRAMS "AUTHORIZATION OF APPROPRIATIONS

"SEC. 601. There are authorized to be appropriated $2,500,000,000 for fiscal year 1975 for carrying out the provisions of this title. Any amounts so appropriated for such fiscal year which are not obligated prior to the end of such fiscal year shall remain available for obligation until December 31, 1975.

29 USC 961.

"FINANCIAL ASSISTANCE

"SEC. 602. (a) The Secretary shall enter into arrangements with 29 USC 962. eligible applicants in accordance with the provisions of this title in order to make financial assistance available for the purpose of providing transitional employ me" < for unemployed and underemployed per^ sons in jobs providing needed public services, and training and manpower services related to such employment which are otherwise unavailable, and enabling such persons to move into employment not supported under this Act. " (b) Not less than 90 per centum of the funds appropriated pursuant to this title which are used by an eligible applicant for public service employment programs shall be expended only for wages and employment benefits to persons employed in public service jobs pursuant to this title. " (c) The provisions of section 204(d) and sections 205 through 211 29 USC 844-851. shall apply to financial assistance under this title. " (d) In filling public service jobs with financial assistance under this title, eligible applicants shall give preferred consideration, to the maximum extent feasible and consistent with other provisions of this Act, to unemployed persons who have exhausted unemployment insurance benefits, to unemployed persons who are not eligible for unemployment insurance benefits (except for persons lacking work experience), and to unemployed persons who have been unemployed for fifteen or more weeks. "(e) For purposes of this section, the term 'eligible applicants' nf^^t^^^ ^'^' means prime sponsors qualified under title I and Indian tribes on Fed- ^ 2Tus^c si 1. eral or State reservations.

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[88 STAT.

uALLOTMENT OF FUNDS 29 USC 963.

"SEC. 603. (a)(1) Not less than 90 per centum of the amounts appropriated under section 601 for any fiscal year shall be allotted among eligible applicants by the Secretary in accordance with the provisions of this subsection. "(2)(A) Fifty per centum of the amount allotted under this subsection shall be allotted among eligible applicants in proportion to the relative number of unemployed persons who reside in areas within the jurisdiction of each such applicant as compared to the number of unemployed persons who reside in all such areas in all the States. " (B) Twenty-five per centum of the amount allotted under this subsection shall be allotted among eligible applicants in accordance with the number of unemployed persons residing in areas of substan29 USC 844. tial unemployment (as defined in section 204(c)) within the jurisdiction of the applicant compared to the number of unemployed persons residing in all such areas. " (C) Twenty-five per centum of the amount allotted under this subsection shall be allotted among eligible applicants on the basis of the relative excess number of unemployed persons who reside within the jurisdiction of the applicant as compared to the total excess number of unemployed persons who reside within the jurisdiction of all "Excess eligible applicants. For purposes of this subparagraph, the term number." 'excess number' means (i) the number which represents unemployed persons in excess of 4i/^ per centum of the labor force in the jurisdiction of the applicant in whose jurisdiction such persons reside or (ii), in the case of an applicant which is a State, the term 'excess number' means such number as defined in clause (i) or the number which represents unemployed persons in excess of 414 per centum of the labor force in areas eligible for assistance under title II located in the geographical area served by such State prime sponsor under title ^^29 USC 811, I or II, whichever is greater. "(b) The remainder of the amount appropriated under section 601 shall be available to the Secretary for financial assistance under section 602 as the Secretary deems appropriate to carry out the purposes of this title, taking into account changes in rates of unemployment. "Jurisdiction." " ((>) For Durposcs of determining allocations under this section, the term 'jurisdiction' includes the jurisdiction of each unit of general 29 USC 812. local government as described in section 102(a)(2) whether or not such unit has entered into a combination of units of general local government for purposes of section 102(a)(3) or section 102(a)(4). "SPECIAL PROVISION FOR AREAS OF EXCESSIVELY HIGH UNEMPLOYMENT AND TO EXPAND JOB OPPORTUNITIES

29 USC 964.

^^"^^«^^-

29 USC 845. 29 USC 848.

"SEC. 604. (a) Funds allocated from appropriations for carrying out this title to any eligible applicant, which certifies to the Secretary that the application of the provisions of this section is necessary in order to provide sufficient job opportunities in the area served by such eligible applicant, may be used for making payments to public employers to expand the provision of job opportunities of the type described in paragraphs (3), (4), (5), and (6) of section 304(a) of this Act. ^ ^ ^ ^ ^' ^ ^' ^^^' "(b) I n accordance with the provisions of subsection (c), and notwithstanding the provisions of sections 602(a) and 602(b), funds allotted under section 603 to eligible applicants may be used for— "(1) public service employment programs without regard to ^j^g provisions of sections 205(b), 205(c)(4), 205(c)(6), 205(c) (16),205(c)(19),and208(a)(6). "(2) providing employment for persons who have been unemployed for at least 15 days without regard to the provision of sec-

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tion 205(a) relating to 30 days of unemployment, if the applicant 29 USC 845. certifies that the hiring of an individual will not violate the provisions of section 205(c)(8). "(3) payment of wages (at rates not less than those prevailing ^^puarrmproveon similar construction in the locality as determined by the Sec- ment projects. retary in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5)), for unemployed and underemployed per- ^^^^ use 276a sons as employees of public employers in jobs on community capital improvement projects which would not otherwise be carried out, including the rehabilitation, alteration, or improvement of public buildings, roads and other public transportation facilities, health and education facilities, and other facilities for the improvement of the community in which the project is or will be located, and including construction, rehabilitation, alteration, or improvement of water and waste disposal facilities in communities having populations of 10,000 individuals or less which are outside the boundaries of a Standard Metropolitan Statistical Area (as defined by the Bureau of the Census). "(c) The provisions of subsection (b) shall apply to any area having an unemployment rate in excess of 7 per centum, and to any area, without regard to the rate of unemployment of such area, if such area is served by a prime sponsor which qualifies under section 102(a)(4) or section 102(a)(5) or is in an area which is eligible for assistance ^^ "^^ ^^^• under title II and which is served by a State prime sponsor, and if the 29 USC 841. prime sponsor for such area certifies to the Secretary that the application of such provisions is necessarv in order to provide sufficient job opportunities, and gives public notice of such certification. "EXPENDITURE OF FUNDS

"SEC. 605. Funds obligated for the purposes of providing public service employment under this title may be utilized by prime sponsors for projects and activities planned to extend over a twelve-month period from the commencement of any such project or activity.

29 USC 96s.

"REALLOCATION OF FUNDS

"SEC. 606. The Secretary is authorized to make such reallocations as he deems appropriate of any amount of any allocation under this title to the extent that the Secretary determines that an eligible applicant will not be able to use such amount within a reasonable period of time. Any such amount may be reallocated only if the Secretary has provided thirty days' advance notice to the prime sponsor for such area and to the Governor of the State of the proposed reallocation, during which period of time the prime sponsor and the Governor may submit comments to the Secretary. After considering any comments submitted during such period of time, the Secretary shall notify the Governor and affected prime sponsors of any decision to reallocate funds, and shall publish any such decision in the Federal Register. Any such funds shall be reallocated to other areas within the same State."

29 USC 966.

Publication in ^ ^''^ ^^'^^^'^'

PLACEMENT GOALS

SEC. 103. Section 211 of the Comprehensive Employment and Training Act of 1973 is amended by striking out "PROVISION" in the title and inserting in lieu thereof "PROVISIONS", by inserting " (a) " immediately before the first sentence, and by adding at the end thereof the following new subsection: " (b) No officer or employee of the Department of Labor shall, by regulation or otherwise, impose on any eligible applicant, as a condition for the receipt of financial assistance under this title, any requirement that any eligible applicant must place in other jobs a specific

29 USC 851.

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Waiver.

PUBLIC LAW 93-567-DEC. 31, 1974

[88 STAT.

number or proportion of public service jobholders supported under this title. The Secretary may establish placement goals for eligible applicants, except that such goals must be identified as goals, not requirements, and any form or other document developed pursuant to such regulations shall give written notice to that effect. Any eligible applicant shall have the right, clearly stated in such regulations, to request a waiver of such goals if, in his judgment, such goals are not feasible. Such waiver, a request for which may be submitted at any time, may be granted by the Secretary where, in his judgment, local conditions warrant it. Wherever such a waiver has been granted, failure to meet placement goals shall not be cited in any official review or evaluation of that eligible applicant's programs." VETERxVNS' EMPLOYMENT

PROVISIONS

38 USC 2002

gEC. 104. (a) The Director of the Veterans' Employment Service, note Department of Labor, established by section 2002 of title 38, United States Code, together with the Secretary and Under Secretary of Labor and such Assistant Secretaries of Labor as the Secretary may designate, shall be responsible for formulating and monitoring the implementation of all departmental policies and programs as they affect veterans, especially those relating to unemployment, job training, employment, and placement under any provision of law. (b) The Secretary of Labor, in consultation and cooperation with the Administrator of Veterans' Affairs and the Secretary of Health, Education, and Welfare, shall provide for an outreach and public information program utilizing, to the maximum extent, the facilities of the Departments of Labor and Health, Education, and Welfare and the Veterans' Administration in order to (A) exercise maximum efforts to produce jobs and job training opportunities for individuals who served in the Armed Forces and were discharged within 4 years before the date of their application for such jobs or job training and inform all eligible veterans about employment, job training, on-the-job training, and educational opportunities, under the Comprehensive notl "^^ *°^ Employment and Training Act of 1973, as amended by this Act, as 38 USC 101 e( provided for under title 38, United States Code, and under any other ^^"Jf. provision of law, and (B) inform all eligible applicants under the Comprehensive Employment and Training Act of 1973, Federal contractors and subcontractor's, all Federal departments and agencies, educational institutions, labor unions, and other employers, of their responsibilities under this subsection and under all such laws, and (C) provide the entities described in clause (B) of this subsection Report to c^on- technical assistance in carrying out those responsibilities. The Secreml^^e^s?^ ^ tary of Labor, in consultation and cooperation with the Administrator of Veterans' Affairs and the Secretary of Health, Education, and Welfare shall report to the appropriate committees of the Congress not later than 90 days after the date of enactment of this Act on the steps taken and regulations issued to carry out the provisions of this section and of section 205(c)(5) of the Comprehensive Employment 29 USC 845. and Traininff Act of 1973. SPECIAL REPORT 29 USC 849.

29 USC 848.

SEC. 105. Section 209 of such Act is amended by striking out "Sec. 209." and inserting in lieu thereof "Sec. 209. (a)". and by adding at the end of such section the following new subsection: "(b) In compiling the data which the Secretary is required to report to the Congress under section 208(e), the Secretary shall obtain and compile information on practices and procedures implemented by prime sponsors affecting average annual wage rates paid to public service job holders and public service job opportunities described

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under this title. The Secretary is authorized to make general recommendations to prime sponsors, on a regional and area basis, as he may deem appropriate, consistent with section 208(a)(3) (relating to the maximum annual wage rate per public service job holder), taking into account average wages in the various areas served and the cost of living in such areas, with the aim of maintaining the number of jobs on a nationwide average in federally supported wage rates equivalent to $7,800 per public service job holder."

1849

29 USC 848.

TECHNICAL AMENDMENTS

SEC. 106. (a) Section 201 of the Comprehensive Employment and Training Act of 1973 is amended by striking out the words "of substantial unemployment" and inserting in lieu thereof "qualifying for assistance". (b) Section 202(a) of such Act is amended by inserting before the words "under this title" the following: "for use m areas of substantial unemployment". (c) Section 204(a)(2) of such Act is amended by striking out "and which include areas of substantial unemployment". (d)(1) Section 204(d)(1) of such Act is amended by striking out the words "of substantial unemployment" each place they appear and inserting "(qualifying for assistance". (2) Section 204(d)(3) of such Act is amended by striking out "of substantial unemployment" and inserting in lieu thereof "qualifying for assistance". (e) Section 205(a) of such Act is amended by striking out "of substantial unemployment" and inserting in lieu thereof "qualifying for assistance". (f) Section 205(c)(3) of such Act is amended by striking out "areas of substantial unemployment" and inserting in lieu thereof "area qualifying for assistance". (g) Section 210 of such Act is amended by striking out "for residents of the areas of substantial unemployment designated under this title" and inserting in lieu thereof the following: "for residents of the area qualifying for such assistance". MISCELLANEOUS

29 USC 841. 29 USC 842.

29 USC 844.

29 USC 845.

^^ ^^^ ^^°-

PROVISIONS

SEC. 107. (a) Section 701(a)(7) of such Act (as redesignated by 29 USC 98i. section 101 of this Act) is amended by inserting after "education," the following: "child care,". (b) Section 701(a)(7) of such Act (as redesignated by section 101 of this Act) is further amended by inserting after "work" the following: ", including part-time work for individuals who are unable, because of age, handicap, or other factors, to work full time,". (c) Section 701(a) of such Act (as redesignated by section 101 of this Act) is amended by inserting after paragraph (13) the following new paragraph: "(14) 'veterans outreach' means the veterans outreach services "veterans outprogram carried out under subchapter IV of chapter 3 of title '•^^''^•" 38, United States Code, with full utilization of veterans receiv- ^8 USC 240. ing educational assistance or vocational rehabilitation under chapter 31 or 34 of such title 38." 38 USC 1501, (d) Section 703(1) of such Act (as redesignated by section 101 of 1651.u s e 983. 29 this Act) is amended by inserting after "sex," the following: "age,". N A T I O N A L ADVISORY C O U N C I L ON VOCATIONAL EDUCATION

SEC. 108. Section 104(a) of the Vocational Education Act of 1963 (as amended) is amended by adding at the end thereof a new paragraph as follows:

20 USC 1244.

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"(6) The National Council may accept gifts or grants and may accept transfer of funds from other departments or agencies.". TITLE II—SPECIAL UNEMPLOYMENT A S S I S T A N C E PROGRxA.M STATEMENT 26 USC 3304 note.

OF

PURPOSE

SEC. 201. I t is the purpose of this title to establish a temporary Federal program of special unemployment assistance for workers who are unemployed during a period of aggravated unemployment and who are not otherwise eligible for unemployment allowances under any other law. GRANTS TO STATES: A G R E E M E N T W I T H

26 USC 3304 note.

STATES

SEC. 202. Each State which enters into an agreement with the Secretary of Labor, pursuant to which it makes payments of special unemployment assistance in accordance with the provisions of this title and the rules and regulations prescribed by the Secretary of Labor hereunder, shall be paid by the United States from time to time, prior to audit or settlement by the General Accounting Office, such amounts as are deemed necessary by the Secretary of Labor to carry out the provisions of this title in the State. Assistance may be paid under this title to individuals only pursuant to such an agreement. ELIGIBLE INDIVIDUALS

26 USC 3304

note

Ante, p..o«i ., ^^^ 143. 19 USC 1801

note.""" °"'

gEc. 203. An individual shall be eligible to receive a payment of assistance or waiting period credit with respect to a week of unemployment occurring during and subsequent to a special unemployment assistance period in accordance with the provisions of this title if— (1) the individual is not eligible for compensation under any State or Federal unemployment compensation law (including the Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.)) with respect to such week of unemployment, and is not receiving compensation with respect to such week of unemployment under the unemployment compensation law of Canada and is not eligible for assistance or an allowance payable with respect to such week of unemployment under such laws as the Public Works and Economic Development Act Amendments of 1974, the Disaster Relief Act of 1974, the Trade Expansion Act of 1962, as amended, or any successor legislation or similar legislation, as determined by the Secretary: Provided, That the individual meets the qualifying employment and wage requirements of the applicable State unemployment compensation law in a base year which, notwithstanding the State law, shall be the fifty-two-week period preceding the first week with respect to which the individual: (1) files a claim for assistance or waiting period credit under this title; (2) is totally or partially unemployed; and (3) meets such qualifying employment and wage requirements; and for the purpose of this proviso employment and wages which are not covered by the State law shall be treated as though they were covered, except that employment and wages covered by any State or Federal unemployment compensation law, including the Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.), shall be excluded to the extent that the individual is or was entitled to compensation for unemployment thereunder on the basis of such employment and wages; and

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(2) the individual is totally or partiall}^ unemployed, and is able to work, available for work, and seeking work, within the meaning of, or as required by, the applicable State unemployment compensation law, and is not subject to disqualification under that law; and (3) the individual has filed a claim for assistance or waiting period credit under this title; and (4) in the area in which the individual was last employed for at least five work days prior to filing a claim under this title for assistance or waiting period credit with respect to such week of unemployment, a special unemployment assistance period is in effect with respect to such week of unemployment: Provided, That if the individual, except for the imposition of a disqualification in accordance with subsection (b), was otherwise eligible for a payment of assistance or waiting period credit under this title with respect to a week of unemployment which began during a special unemployment assistance period, but did not exhaust entitlement to assistance during such period, entitlement shall continue after the end of the period but no assistance shall be paid under this title for any week of unemployment that begins more than twenty-six weeks after the end of such period; and (5) the State in which the individual was last employed for at least five work days prior to filing a claim under this title for assistance or waiting period credit with respect to such week of unemployment, has an agreement with the Secretary of Labor under section 202 which is in effect with respect to such week of unemployment. SPECIAL UNEMPLOYMENT ASSISTANCE PERIOD

SEC. 204. (a) A special unemployment assistance period shall commence in an area designated by the Secretary with the third week after the first week for which the Secretary determines that there is an "on" indicator for such area, and shall terminate with the third week after the first week for which the Secretary determines that there is an "off" indicator for such area except that no special unemployment assistance period shall have a duration of less than thirteen weeks. (b) The Secretary shall designate as an area under this section areas served by an entity which is eligible to be a prime sponsor under section 102(a) of the Comprehensive Employment and Training Act of 1973 (PublicLaw 93-203). (c) There is an "on" indicator in an area for a week if for the most recent three consecutive calendar months for which data are available the Secretary determines that— (1) the rate (seasonally adjusted) of national unemployment averaged 6 per centum or more; or (2) the rate of unemployment in the area averaged 6.5 per centum or more. (d) There is an "off" indicator for a week, if for the most recent three consecutive calendar months for which data are available the Secretary determines that both subsections (c)(1) and (c)(2) are not satisfied. (e) The determinations made under this section shall take into account the rates of unemployment for three consecutive months, even though any or all of such months may have occurred not more than three complete calendar months prior to the enactment of this Act.

^6 USC 3304

29 USC si2.

WEEKLY BENEFIT AMOUNT

SEC. 205. (a) The amount of assistance under this title to which an 26 USC 3304 eligible individual shall be entitled for a week of unemployment shall "°*^'

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45 USC 367.

PUBLIC LAW 93-567-DEC. 31, 1974

be the weekly benefit amount for a week of unemployment that would be payable to the individual as regular compensation as computed under the provisions of the applicable State unemployment compensation law: Provided, That in computing the weekly benefit amount under this subsection the individual's base year, notwithstanding the State law, shall be the fifty-two-week period preceding the first week with respect to which the individual: (1) files a claim for assistance or waiting period credit under this title; (2) is totally or partially unemployed; and (3) meets the qualifying employment and wage requirements of subsection (a) of section 203; and for the purpose of this proviso employment and wages which are not covered by the applicable State unemployment compensation law shall be treated as though they were covered, except that employment and wages covered by any State or Federal unemployment compensation law, including ^^g Kailroad Unemployment Insurance Act (45 U.S.C. 351 et seq.), shall be excluded to the extent that the individual is or was entitled to compensation for unemployment thereunder on the basis of such employment and wages. (b) Notwithstanding any provisions of State law, claims for assistance under this title may be determined, where an employment record is not available, on the basis of an affidavit submitted by an applicant. If an applicant knowingly provides false information in such affidavit, he shall be ineligible for any assistance under this title and shall, in addition, be subject to prosecution under section 1001 of title 18, United States Code. MAXIMUM BENEFIT

26 USC 3304

note

AMOUNT

gj,^.^ ^06. The maximum amount of assistance under this title which an eligible individual shall be entitled to receive shall be the maximum amount of regular compensation that would be payable to such individual as computed under the provisions of the applicable State unemployment compensation law, but not exceeding twenty-six times the weekly benefit amount payable to the individual for a week of total unemployment as determined under subsection (a) of section 205: Provided, That for the purposes of this subsection the individual's base year, notwithstanding the State law, shall be the fifty-two-week period preceding the first week with respect to which the individual: (1) files a claim for assistance or waiting period credit under this title; (2) is totally or partially unemployed; and (3) meets the qualifying employment and wage requirements of section 203(a); and for the purpose of this proviso employment and wages which are not covered by the State law shall be treated as though they were covered, except that employment and wages covered by any State or Federal unemployment compensation law, including the Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.), shall be excluded to the extent that the individual is or was entitled to compensation for unemployment thereunder on the basis of such employment and wages. A P P L I C A B L E STATE LAW

26 USC 3304

note.

note

PROVISIONS

gj^^^ 207. Except where inconsistent with the provisions of this title, the terms and conditions of the applicable State unemployment compensation law which apply to claims thereunder for regular compensation and the payment thereof shall apply to claims for assistance under this title and the payment thereof. TERMINATION

26 USC 3304

[88 STAT.

DATE

gjjQ^ 208. Notwithstanding any other provisions of this title, no payment of assistance under this title shall be made to any individual with

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respect to any week of unemployment ending after March 31, 1976; and no individual shall be entitled to any compensation with respect to any initial claim for assistance or waiting period credit made after December 31, 1975. AUTHORIZATION OF APPROPRIATIONS

SEC. 209. There are hereby authorized to be appropriated for purposes of this title such sums as may be necessary.

26 USC 3304 note.

DEFINITIONS

SEC. 210. (a) As used in the title, the term— (1) "Secretary" means the Secretary of Labor; (2) "State" means the States of the United States, the District of Columbia, Puerto Kico, and the Virgin Islands; (3) "applicable State unemployment compensation law" means the law of the State in which the individual was last employed for at least five work days prior to filing a claim for assistance or waiting period credit under this title; and (4) "week" means a calendar week. (b) Assistance under this title shall not be considered to be regular compensation for purposes of qualifying for benefits under the Federal-State Extended Unemployment Compensation Act of 1970, and claims filed under this title shall not be treated as claims for weeks of unemployment for purposes of determining the rate of insured unemployment under section 203(f)(1) of such Act.

26 USC 3304 note.

26 USC 3304 note. 26 USC 3304 note.

TITLE III—JOB OPPORTUNITIES PROGRAM SEC. 301. The Public Works and Economic Development Act of 1965 is amended by adding at the end thereof the following new title: "TITLE X—JOB O P P O R T U N I T I E S PROGRAM STATEMENT OF PURPOSE

_ "SEC. 1001. I t is the purpose of this title to provide emergency financial assistance to stimulate, maintain or expand job creating activities in areas, both urban and rural, which are suffering from unusually high levels of unemployment.

42 USC 3246.

a DEFINITIONS

"SEC. 1002. For the purpose of this title— " (1) the term 'eligible area' means— " (A) any area, which the Secretary of Labor designates as an area which has a rate of unemployment, equal to or in excess of 6.5 per centum for three consecutive months. " (B) any area designated pursuant to section 204(c) of the Comprehensive Employment and Training Act of 1973, and " (C) any area which is designated by the Secretary of Commerce pursuant to section 401 of the Public Works and Economic Development Act of 1965 as a redevelopment area. li

42 USC 3246a.

29 USC 844.

42 USC 3161.

PROGRAM AUTHORIZED

"SEC. 1003. (a) To carry out the purposes of this title, the Secretary of Commerce, in accordance with the provisions of this title, is authorized from funds appropriated and made available under section 1007 of this title to provide financial assistance to programs and projects

42 USC 3246b.

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fu^di"*"^*'"" °^

PUBLIC LAW 93-567-DEC. 31, 1974

[88 STAT.

identified through the review process described in section 1004 to expand or accelerate the job creating impact of such programs or projects for unemployed persons in eligible areas. Programs and projects for which funds are made available under this title shall not be approved until the officials of the appropriate units of general government in the affected area have an adequate opportunity to comment on the specific proposal. "(b) Whenever funds are made available by the Secretary of Commerce under this title for any program or project, the head of the department, agency, or instrumentality of the Federal Government administering the law authorizing such assistance shall, except as otherwise provided in this subsection, administer the law authorizing such assistance in accordance with all applicable provisions of that law, except provisions relating to— " (1) requiring allocation of funds among the States, "(2) limits upon the total amount of such grants for any period, and "(3) the Federal contribution to any State or local government, whenever the President or head of such department, agency, or instrumentality of the Federal Government determines that any non-Federal contribution cannot reasonably be obtained by the State or local government concerned. "(c) Where necessary to effectively carry out the purposes of this title, the Secretary of Commerce is authorized to initiate programs in eligible areas, "^^) In allocating funds under this title, the Secretary of Commerce shall give priority consideration to— " (1) the severity of unemployment in the area; and "(2) the appropriateness of the proposed activity in relating to the number and needs of unemployed persons in eligible areas. "(e) Notwithstanding any other provision of this title, funds allocated by the Secretary of Commerce shall be available only for programs or projects which the Secretary of Commerce and the Secretary of Labor jointly determine are programs or projects— "(1) which will contribute significantly to the reduction of unemployment in the eligible area; " (2) which can be initiated or strengthened promptly; "(3) a substantial portion of which can be completed within 12 months after such allocation is made; "(4) which are not inconsistent with locally approved comprehensive plans for the jurisdiction affected, whenever such plans exist; and "(5) which will be approved giving first priority to programs and projects which are most labor intensive, "PROGRAM REVIEW

42 USC 3246c. Ante, p. 1845.

"§^0. 1004. Within 45 days after the date of enactment of the Emergency Jobs and Unemployment Assistance Act of 1974, each department, agency or instrumentality of the Federal government, and each regional commission established by section 101 of the Appalachian 40 USC app. 101. Regional Development Act of 1965 or pursuant to section 502 of this 42 USC 3182. ^QI^ shall (1) complete a review of its budget, plans and program including State, substate and local development plans filed with such department, agency or commission; (2) evaluate the job creation effectiveness of programs and projects for which funds are proposed to be obligated in calendar year 1975 and additional programs and projects for which funds could be obligated in such year with Federal financial assistance under this title; and (3) submit to the Secretary of Commerce and the Secretary of Labor recommendations for programs and projects which have the potential to stimulate the creation of

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1855

jobs for unemployed persons in eligible areas. Within 30 days of the receipt of such recommendations the Secretary of Commerce and the Secretary of Labor shall jointly review such recommendations, and the Secretary of Commerce shall after consultation with such department, agency, instrumentality, and regional commissions, make allocations of funds in accordance with section 1003(e) of this title. 'LIMITATIONS ON USE or FUNDS 42 USC 3246d.

"SEC. 1005. Fifty per centum of the funds appropriated pursuant to section 1007 of this title shall be available only for programs and projects in which not more than 25 percent of such funds will be expended for necessary non-labor costs. "RULES AND REGULATIONS

"SEC. 1006. The Secretary of Commerce shall prescribe such rules, regulations, and procedures to carry out the provisions of this title as will assure that adequate consideration is given to the relative needs of applicants for assistance in rural eligible areas and the relative needs of applicants for assistance in urban eligible areas and to any equitable distribution of funds authorized under this title between rural and urban eligible applicants.

''^ use 3246e.

a AUTHORIZATION OF APPROPRIATIONS 42 USC 3246f.

"SEC. 1007. There are authorized to be appropriated $500,000,000 for the fiscal year 1975 to carry out the provisions of this title, except that no further obligation of funds appropriated under this section may be made subsequent to a determination that the national average rate of unemployment has receded below 6.5 per centum for three consecutive calendar months as determined by the Secretary of Labor. Any amounts so appropriated for such fiscal year which are not obligated prior to the end of such fiscal year shall remain available for obligation until December 31, 1975. "TERMINATION DATE

"SEC. 1008. Notwithstanding any other provision of this title, no " ^ "^*^ ^2'*^^^ further obligation of funds appropriated under this title shall be made by the Secretary of Commerce after December 31, 1975." "SEC. 302. Section 712 of the Public Works and Economic Development Act of 1965 is amended by striking "or 403" and inserting in lieu " ^ "^^ ^222. ^ thereof "403,903, and 1003". Approved December 31, 1974. Public Law 93-568 JOINT RESOLUTION

To authorize and request the President to call a White House Conference on Library and Information Services not later than 1978, and for other purposes. Whereas access to information and ideas is indispensable to the development of human potential, the advancement of civilization, and the continuance of enlightened self-government; and

„

^

,,, „,

December 31, 1974

[s. j. Res. 40]

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 1856

White House LiblaTy'^nd Information Services. Authorization

PUBLIC LAW 93-568-DEC. 31, 1974

[88 STAT.

Whereas the preservation and the dissemination of information and ideas are the primary purpose and function of libraries and information centers; and Whereas the growth and augmentation of the Nation's libraries and information centers are essential if all Americans are to have reasonable access to adequate services of libraries and information centers; and Whereas new achievements in technology offer a potential for enabling libraries and information centers to serve the public more fully, expeditiously, and economically; and Whereas maximum realization of the potential inherent in the use of advanced technology by libraries and information centers requires cooperation through planning for, and coordination of, the services of libraries and information centers; and Whereas the National Commission on Libraries and Information Science is developing plans for meeting national needs for library and information services and for coordinating activities to meet those needs; and Whereas productive recommendations for expanding access to libraries and information services will require public understanding and support as well as that of public and private libraries and information centers: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the President of the United States is authorized to call a White House Conference on Library and Information Services not later than 1978. (b)(1) The purpose of the White House Conference on Library and Information Services (hereinafter referred to as the "Conference'") shall be to develop recommendations for the further improvement of the Nation's libraries and information centers and their use by the public, in accordance with the policies set forth in the preamble to this joint resolution. (2) The Conference shall be composed of, and bring together^— (A) representatives of local, statewide, regional, and national institutions, agencies, organizations, and associations which provide library and information services to the public; (B) representatives of educational institutions, agencies, organizations, and associations (including professional and scholarly associations for the advancement of education and research); (C) persons with special knowledge of, and special competence in, technology as it may be used for the improvement of library and information services; and (D) representatives of Federal, State, and local governments, professional and lay people, and other members of the general public. (c)(1) The Conference shall be planned and conducted under the direction of the National Commission on Libraries and Information Science (hereinafter referred to as the "Commission").

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PUBLIC LAW 93-568-DEC. 31, 1974

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(2) In administering this joint resolution, the Commission shall— (A) when appropriate, request the cooperation and assistance of other Federal departments and agencies in order to carry out its responsibilities; (B) make technical and financial assistance (by grant, contract, or otherwise) available to the States to enable them to organize and conduct conferences and other meetings in order to prepare for the Conference; and (C) prepare and make available background materials for the use of delegates to the Conference and associated State conferences, and prepare and distribute such reports of the Conference and associated State conferences as may be appropriate. (3)(A) Each Federal department and agency is authorized and directed to cooperate with, and provide assistance to, the Commission upon its request under clause (A) of paragraph (2). For that purpose, each Federal department and agency is authorized to provide personnel to the Commission. The Commission shall be deemed to be a part of any executive or military department of which a request is made under clause (A) of paragraph (2). (B) The Librarian of Congress is authorized to detail pereonnel to the Commission, upon request, to enable the Commission to carry out its functions under this joint resolution, (4) In carrying out the provisions of this joint resolution, the Commission is authorized to engage such personnel as may be necessary, without regard for the provisions of title 5, United States Code, ^ "^^ loi ef governing appointments in the competitive civil service, and without regard for chapter 51, and subchapter III of chapter 53 of such title ^^\^^'^ ^^°^' 5331. relating to classification and General Schedule pay rates. (5) The Commission is authorized to publish and distribute for the Conference the reports authorized under this joint resolution.. ex(6) Members of the Conference may, while away from their homes p eTravel per diem. nses, or regular places of business and attending the Conference, be allowed travel expenses, including per diem in lieu of subsistence, as may be allowed under section 5703 of title 5, United States Code, for persons serving without pay. Such expenses may be paid by way of advances, reimbursement, or in installments as the Commission may determine. (d) A final report of the Conference, containing such findings and Report to presi recommendations as may be made by the Conference, shall be sub- fo^'^'ongresT.'"^^ mitted to the President not later than one hundred and twenty days following the close of the Conference, which final report shall be made public and, within ninety days after its receipt by the President, transmitted to the Congress together with a statement of the President containing the President's recommendations with respect to such report, (e)(1) There is hereby established a twenty-eight member advisory ^^^1^^^°'^^ ''°"" committee of the Conference composed of (A) at least three members Establishment. of the Commission designated by the Chairman thereof; (B) five persons designated by the Speaker of the House of Representatives with no more than three being members of the House of Representatives; (C) five persons designated by the President pro tempore of the Senate wth no more than three being members of the Senate; and (D) not more than fifteen persons appointed by the President. Such advisory committee shall assist and advise the Commission in planning and conducting the Conference. The Chairman of the Commission shall serve as Chairman of the Conference. (2) The Chairman of the Commission is authorized, in his discretion, to establish, prescribe functions for, and appoint members to, such advisory and technical committees as may be necessary to assist and advise the Conference in carrying out its functions.

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 1858 Compensation.

^s^usc 5332

note.

"State,"

Appropriation.

lentTL°dstu. dems.^ ^" ^ "' Ante, p. 571.

PUBLIC LAW 93-568-DEC. 31, 1974

[88 STAT.

(3) MeHibers of RHj committee established under this subsection who are not regular full-time officers or employees of the United States shall, while attending to the business of the Conference, be entitled to receive compensation therefor at a rate fixed by the President but not exceeding the rate of pay specified at the time of such service for grade GS-18 in section 5332 of title 5, United States Code, including traveltime. Such members may, while away from their homes or regular places of business, be allowed travel expenses, including per diem in lieu of subsistence, as may be authorized under section 5703 of title 5, United States Code, for persons in the Government service employed intermittently. (f) The Commission shall have authority to accept, on behalf of the Conference, in the name of the United States, grants, gifts, or bequests of money for immediate disbursement by the Commission in furtherance of the Conference. Such grants, gifts, or bequests offered the Commission, shall be paid by the donor or his representative to the Treasurer of the United States, whose receipts shall be their acquittance. The Treasurer of the United States shall enter such grants, gifts, and bequests in a special account to the credit of the Commission for the purposes of this joint resolution. (g) PQJ. f}^Q purpose of this joint resolution, the term "State" includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands. ^j^^ Thcrc are authorized to be appropriated without fiscal year limitations such sums, but not to exceed $3,500,000, as may be necessary to carry out this joint resolution. Such sums shall remain available for obligation until expended. ^^^' ^- (^) (^) ( ^) ^^^. ^^^^ sentence of section 438(a)(1) of the General Education Provisions Act is amended by striking out "State and local educational agency, any institution of higher education, any community college, any school agency offering a preschool program, or any other educational institution" and inserting in lieu thereof "educational agency or institution". (B) Such first sentence is amended by striking out "attending any school of such agency, or attending such institution of higher education, community college, school, preschool, or other educational institution" and inserting in lieu thereof "who are or have been in attendance at a school of such agency or at such institution, as the case may be". (C) The third sentence of such section is amended by striking out "recipient" and inserting in lieu thereof "educational agency or institution". (D) Paragraph (1) of section 438(b) of such Act is amended by striking out "State or local educational agency, any institution of higher education, any community college, any school, agency offering a preschool program, or any other educational institution" and inserting in lieu thereof "educational agency or institution". (E) Paragraph (2) of such section is amended by striking out "State and local educational agency, any institution of higher education, any community college, any school, agency offering a preschool program, or any other educational institution" and inserting in lieu thereof "educational agency or institution". (F) Subsection (e) of section 438 of such Act is amended by striking out "unless the recipient of such funds" and inserting in lieu thereof "to any educational agency or institution unless such agency or institution".

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PUBLIC LAW 93-568-DEC. 31, 1974

1859 Ante,

p. 571.

(G) Section 438(a) of such Act is amended by inserting at the end thereof the following new paragraph: Educational "(3) For the purposes of this section the term 'educational agency agency or instituor institution' means any public or private agency or institution which tion. is the recipient of funds under any applicable program.". (2)(A) The first sentence of section 438(a)(1) of such Act is amended by striking out "any and all official records, files, and data directly related to their children, including all material that is incorporated into each student's cumulative record folder, and intended for school use or to be available to parties outside the school or school system, and specifically including, but not necessarily limited to, identifying data, academic work completed, level of achievement (grades, standardized achievement test scores), attendance data, scores on standardized intelligence, aptitude, and psychological tests, interest inventory results, health data, family background information, teacher or counselor ratings and observations, and verified reports of serious or recurrent behavior patterns." and inserting in lieu thereof "the education records of their children.". (B)(i) The second sentence of such section is amended by striking out "Where such records or data include" and inserting in lieu thereof "If any material or document in the education record of a student includes". (ii) Such second sentence is amended by striking out "any student shall be entitled to receive, or be informed of, that part of such record or data as pertains to their child" and inserting in lieu thereof "one of such students shall have the right to inspect and review only such part of such material or document as relates to such student or to be informed of the specific information contained in such part of such material". (C) The third sentence of such section is amended by striking out "their child's school records" and inserting in lieu thereof "the education records of their children". (D) Section 438(b)(1) of such Act is amended by striking out "personally identifiable records or files (or personal information contained therein)" and inserting in lieu thereof "education records (or personally identifiable information contained therein other than directory information, as defined in paragraph (5) of subsection (a)) ". (E) Paragraph (2) of such section is amended by striking out "furnishing, in any form, any personally identifiable information contained in personal school records, to any persons other than those listed in subsection (b)(1) " and inserting in lieu thereof "releasing, or providing access to, any personally identifiable information in education records other than directory information, or as is permitted under paragraph (1) of this subsection.". (F) Section 438(a) of such Act is amended by adding at the end thereof the following new paragraphs: "(4)(A) For the purposes of this section, the term 'education rec- r e c o r d s. ,^13^"^^/'°" ords' means, except as may be provided otherwise in subparagraph (B), those records, files, documents, and other materials which— "(i) contain information directly related to a student; and "(ii) are maintained by an educational agency or institution or by a person acting for such agency or institution. " (B) The term 'education records' does not include—• "(i) records of instructional, supervisory, and administrative personnel and educational personnel ancillary thereto which are in the sole possession of the maker thereof and which are not accessible or revealed to any other person except a substitute; "(ii) if the personnel of a law enforcement unit do not have access to education records under subsection (b)(1), the records

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PUBLIC LAW 93-568-DEC. 31, 1974

[88 STAT.

and documents of such law enforcement unit which (I) are kept apart from records described in subparagraph (A), ( II) are maintained solely for law enforcement purposes, and ( III) are not made available to persons other than law enforcement officials of the same jurisdiction; "(iii) in the case of persons who are emploj^ed by an educational agency or institution but who are not in attendance at such agency or institution, records made and maintained in the normal course of business which relate exclusively to such person in that person's capacity as an employee and are not available for use for any other purpose; or "(iv) records on a student who is eighteen years of age or older, or is attending an institution of postsecondary education, which are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his professional or paraprofessional capacity, or assisting in that capacity, and which are made, maintained, or used only in connection with the provision of treatment to the student, and are not available to anyone other than persons providing such treatment, except that such records can be personally reviewed by a physician or other appropriate professional of the student's choice. fo'^^'Ton'"'^ '"" "(^) ( ^) -^^^ ^^® purposes of this section the term 'directory information' relating to a student includes the following: the student's name, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous educational agency or institution attended by the student. " (B) Any educational agency or institution making public directory information shall give public notice of the categories of information which it has designated as such information with respect to each student attending the institution or agency and shall allow a reasonable period of time after such notice has been given for a parent to inform the institution or agency that any or all of the information designated should not be released without the parent's prior consent,". Ante, p. 571. (3) gection 438(a)(1) of such Act is amended by inserting " (A) " after section "SEC. 438. (a)(1) " and adding at the end thereof the following new subparagraph: Certain mate" (B) The first sentcuce of subparagraph (A) shall not operate to to^stude^nts^in ^^ make available to students in institutions of postsecondary education postsecondary in- thB followiugmaterials: strictionr' '^^' " (i) financial records of the parents of the student or any information contained therein; "(ii) confidential letters and statements of recommendation, which were placed in the education records prior to January 1, 1975, if such letters or statements are not used for purposes other than those for which they were specifically intended; "(iii) if the student has signed a waiver of the student's right of access under this subsection in accordance with subparagraph (C), confidential recommendations— " (I) respecting admission to any educational agency or institution, " ( II) respecting an application for employment, and " ( III) respecting the receipt of an honor or honorary recognition. w"^"^" (C) A student or a person applying for admission may waive his right of access to confidential statements described in clause (iii) of subparagraph (B), except that such waiver shall apply to recommendations only if (i) the student is, upon request, notified of the

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1861

names of all persons making confidential recommendations and (ii) such recommendations are used solely for the purpose for which they were specifically intended. Such waivers may not be required as a condition for admission to, receipt of financial aid from, or receipt of any other services or benefits from such agency or institution.". (4)(A) Paragraph (2) of section 438(a) is amended by striking ^"'^' P- ^vi. out that part thereof which precedes "to insure" and inserting in lieu thereof the following: "No funds shall be made available under any applicable program to any educational agency or institution unless the parents of students who are or have been in attendance at a school of such agency or at such institution are provided an opportunity for a hearing by such agency or institution, in accordance with regulations of the Secretary, to challenge the content of such student's education records, in order". (B) Such paragraph (2) is amended by inserting before the period at the end thereof the following: "and to insert into such records a written explanation of the parents respecting the content of such records", (5) Section 438(a) of such Act is amended by adding at the end thereof the following new paragraph: " (6) For the purposes of this section, the term 'student' includes any "student." person with respect to whom an educational agency or institution maintains education records or personally identifiable information, but does not include a person who has not been in attendance at such agency or institution.". (6) Section 438(b)(1) of such Act is amended by striking out "and" Records, access. at the end of clause (C), by striking out the period at the end of clause (D) and inserting in lieu thereof a semicolon, and by adding at the end thereof the following new clauses: " (E) State and local officials or authorities to whom such information is specifically required to be reported or disclosed pursuant to State statute adopted prior to November 19, 1974; " (F) organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if such studies are conducted in such a manner as will not permit the personal identification of students and their parents by persons other than representatives of such organizations and such information will be destroyed when no longer needed for the purpose for which it is conducted; " (G) accrediting organizations in order to carry out their accrediting functions; " (H) parents of a dependent student of such parents, as defined in section 152 of the Internal Revenue Code of 1954; and 26 USC 152. " (I) subject to regulations of the Secretary, in connection with an emergency, appropriate persons if the knowledge of such information is necessary to protect the health or safety of the student or other persons. Nothing in clause (E) of this paragraph shall prevent a State from further limiting the number or type of State or local officials who will continue to have access thereunder.". (7) Section 438(g) of such Act is amended by adding at the end ^"'^' P- 571. thereof the following new sentence: "Except for the conduct of hearings, none of the functions of the Secretary under this section shall be carried out in any of the regional offices of such Department.". (8)(A) Paragraph (1) of section 438(b) of such Act is amended by inserting "or practice" after "which has a policy".

38-194 O - 76 - 34 Pt. 2

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 1862 Ante,

PUBLIC LAW 93-568-DEC. 31, 1974 p. 571.

Records, acc e s s i b i l i t y for audit.

Recordkeeping.

Ante,

p. 559.

Effective date. 20 USC 1232g note, 20 USC 1681.

Discrimination b a s e d on s e x. 26 USC 501.

Effective date. 20 USC 1681 note.

[88

STAT.

(B) Clause (A) of section 438(b)(1) of such Act is amended bystriking out "who" and inserting in lieu thereof ", who have been determined by such agency or institution to". (C) Clause (B) of such section 438(b)(1) is amended by inserting "seeks or" after "student". (D) The proviso in paragraph 3 of section 438(b) of such Act is amended to read as follows: Provided, That except when collection of personally identifiable information is specifically authorized by Federal law, any data collected by such officials shall be protected in a manner which will not permit the personal identification of students and their parents by other than those officials, and such personally identifiable data shall be destroyed when no longer needed for such audit, evaluation, and enforcement of Federal legal requirements". (9) Paragraph (4)(A) of section 438(b) of such Act is amended to read as follows: "(4)(A) Each educational agency or institution shall maintain a record, kept with the education records of each student, which will indicate all individuals (other than those specified in paragraph (1) (A) of this subsection), agencies, or organizations which have requested or obtained access to a student's education records maintained by such educational agency or institution, and which will indicate specifically the legitimate interest that each such person, agency, or organization has in obtaining this information. Such record of access shall be available only to parents, to the school official and his assistants who are responsible for the custody of such records, and to persons or organizations authorized in, and under the conditions of, clauses (A) and (C) of paragraph (1) as a means of auditing the operation of the system.". (10)(A) Clause (C) of section 438(b)(1) of such Act is amended by striking out "section 409 of this Act" and inserting in lieu thereof "section 408(c)". (B) Section 438(g) of such Act is amended by striking out ", according to the procedures contained in sections 434 and 437 of this Act". (b) The amendments made by subsection (a) shall be effective, and retroactive to, November 19, 1974, SEC. 3. (a) Section 901(a) of the Education Amendments of 1972 is amended by striking out "and" at the end of clause (4) thereof and by striking out the period at the end of clause (5) thereof and inserting in lieu thereof "; and", and by inserting at the end thereof the following new clause: "(6) This section shall not apply to membership practices— " (A) of a social fraternity or social sorority which is exempt from taxation under section 501(a) of the Internal Revenue Code of 1954, the active membership of which consists primarily of students in attendance at an institution of higher education, or " (B) of the Young Men's Christian Association, Young Women's Christian Association, Girl Scouts, Boy Scouts, Camp Fire Girls, and voluntary youth service organizations which are so exempt, the membership of which has traditionally been limited to persons of one sex and principally to persons of less than nineteen years of age." (b) The provisions of the amendment made by subsection (a) shall be effective on, and retroactive to, July 1, 1972. Approved December 31, 1974t

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Page:United States Statutes at Large Volume 88 Part 2.djvu/547

 88 STAT. 3

PUBLIC LAW 93-569-DEC. 31, 1974

1863

Public Law 93-569 AN ACT

December 31, 1974

To amend chapter 37 of title 38, United States Code, to improve the basic provisions of the veterans home loan programs and to eliminate those provisions pertaining to the dormant farm and business loans, and for other purposes.

[H. R. 15912]

Be it enacted by the Senate and House of Representatives of the Veterans HousUnited States of America in Congress assembled, That this Act may be ing Act of 1974. cited as the "Veterans Housing Act of 1974". "'38 USC'i'802 SEC. 2. (a) Section 1802(b) of title 38, United States Code, is note amended to read as follows: "(b) In computing the aggregate amount of guaranty or insurance ^^^^^'^ entitientitlement available to a veteran under this chapter, ih& Adminis- ment. trator may exclude the amount of guaranty or insurance entitlement used for any guaranteed, insured, or direct loan, if— " (1) the property which secured the loan has been disposed of by the veteran or has been destroyed by fire or other natural hazard; and "(2) the loan has been repaid in full, or the Administrator has been released from liability as to the loan, or if the Administrator has suffered a loss on such loan, the loss has been paid in full; or "(3) an immediate veteran-transferee has agreed to assume the outstanding balance on the loan and consented to the use of his entitlement, to the extent that the entitlement of the veteran-transferor had been used originally, in place of the veteran-transferor's for the guaranteed, insured, or direct loan, and the veteran-transferee otherwise meets the requirements of this chapter. Waiver The Administrator may, in any case involving circumstances he deems t i o n s. of condiappropriate, waive one or more of the conditions prescribed in clauses (1) and (2) above.". (b) Clause (3) of section 1802(d) of title 38, United States Code, is amended to read as follows: "(3) by any lender approved by the Administrator pursuant to standards established by him.". (c) Section 1803(c) of title 38, United States Code, is amended by adding at the end thereof a new paragraph as follows: "(3) This section shall not be construed to prohibit a veteran from paying to a lender any reasonable discount required by such lender, when the proceeds from the loan are to be used: " (A) to refinance indebtedness pursuant to section 1810(a)(5); " (B) to repair, alter, or improve a farm residence or other dwelling pursuant to section 1810(a)(4); " (C) to construct a dwelling or farm residence on land already owned or to be acquired by the veteran except where the land is directly or indirectly acquired from a builder or developer who has contracted to construct such dwelling for the veteran; or " (D) to purchase a dwelling from a class of sellers which the Administrator determines are legally precluded under all circumstances from paying such a discount if the best interest of the veteran would be so served.". (d) Section 1804(c) of title 38, United States Code, is amended by inserting immediately after the second sentence a new sentence as follows: "Notwithstanding the foregoing provisions of this subsection, in the case of a loan automatically guaranteed under this chapter, the veteran shall be required to make the certification only at the time the loan is closed.".

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 1864

PUBLIC LAW 93-569-DEC. 31, 1974

[88 STAT.

(e) Section 1804 of title 38, United States Code, is amended by striking out in subsections (b) and (d) "under section 512 of that Act". Condominiums, ^^^^ ^ Section 1810 of title 38, United States Code, is amended as loans,

Mobile home lots, loans.

homes.

Used mobile

< n •

lollows: (1) by striking out in subsection (a)(5) the second sentence; (2) by adding at the end of subsection (a) a new paragraph as follows: "(6) To purchase a one-family residential unit in a new condominium housing development or project, or in a structure built and sold as a condominium, provided such development, project or structure is approved by the Administrator under such criteria as he shall prescribe."; (3) by striking out in subsection (c) "$12,500" and inserting in lieu thereof "$17,500"; and (4) by striking out subsection (d) in its entirety. SEC. 4. Section 1811(d)(2)(A) of title 38, United States Code, is amended by striking out "$12,500" wherever it appears and inserting in lieu thereof "$17,500". gj,^. 5 gcction 1819 of title 38, United States Code, is amended as /. n

follows: (1) by inserting in subsection (a) "or the mobile home lot loan guaranty benefit, or both," immediately after "loan guaranty benefit" each time it appears therein and by striking out "mobile home" immediately before "loan guaranteed" in the second sentence of such subsection; (2) by amending subsection (b) as follows: (A) by inserting " (1) " immediately after " (b) "; (B) by redesignating clauses (1) and (2) as clauses (A) and (B), respectively; and (C) by adding at the end thereof a new paragraph as follows: "(2) Subject to the limitations in subsection (d) of this section, a loan may be made to purchase a lot on which to place a mobile home if the veteran already has such a home. Such a loan may include an amount sufficient to pay expenses reasonably necessary for the appropriate preparation of such a lot, including, but not limited to, the installation of utility connections, sanitary facilities, and paving, and the construction of a suitable pad."; (3) by redesignating clauses (1) and (2) of the first sentence of subsection (c)(1) as clauses (A) and (B), respectively, and by striking out the word "and" at the end of clause (A), as redesignated, and inserting in lieu thereof "or the loan is for the purpose of purchasing a lot on which to place a mobile home previously purchased by the veteran, whether or not such mobile home was purchased with a loan guaranteed, insured or made by another Federal agency, and"; (4) \)j further amending paragraph (1) of subsection (c) by deleting in the first sentence the clause "or for the purchase of a used mobile home which is the security for a prior loan guaranteed or made under this section or for a loan guaranteed, insured or made by another Federal agency," and inserting in lieu thereof the following: "or for the purchase of a used mobile home which meets or exceeds minimum requirements for construction, design, and general acceptability prescribed by the Administrator,";

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 88 STAT. ]

PUBLIC LAW 93-569-DEC. 31, 1974

1865

(5) by amending the last sentence of paragraph (1) of subsection (d) to read as follows: " I n the case of any lot on which to place a mobile home, whether or not the mobile home was financed with assistance under this section, and in the case of necessarysite preparation, the loan amount for such purposes may not exceed the reasonable value of such lot or an amount appropriate to cover the cost of necessary site preparation or both, as determined by the Administrator."; (6) by striking out in subsection (d)(2) all of the paragraph ^ftl^tTToan" after "exceed—" and inserting in lieu thereof the following: amounts. " (A) $12,500 for twelve years and thirty-two days in the case of a loan covering the purchase of a single-wide mobile home only and such additional amount as is determined by the Administrator to be appropriate to cover the cost of necessary site preparation where the veteran owns the lot, or " (B) $20,000 for twenty years and thirty-two days in the case of a loan covering the purchase of a double-wide mobile home only and such additional amount as is determined by the Administrator to be appropriate to cover the cost of necessary site preparation where the veteran owns the lot, or " (C) $20,000 (but not to exceed $12,500 for the mobile home) for fifteen years and thirty-two days in the case of a loan covering the purchase of a single-wide mobile home and an undeveloped lot on which to place such home, which includes such amount as is determined by the Administrator to be appropriate to cover the cost of necessary site preparation, or " (D) $27,500 (but not to exceed $20,000 for the mobile home) for twenty years and thirty-two days in the case of a loan covering the purchase of a double-wide mobile home and an undeveloped lot on which to place such home, which includes such amount as is determined by the Administrator to be appropriate to cover the cost of necessary site preparation, or " (E) $20,000 (but not to exceed $12,500 for the mobile home) for fifteen years and thirty-two days in the case of a loan covering the purchase of a single-wide mobile home and a suitably developed lot on which to place such home, or " (F) $27,500 (but not to exceed $20,000 for the mobile home) for twenty years and thirty-two days in the case of a loan covering the purchase of a double-wide mobile home and a suitably developed lot on which to place such home, or " (G) $7,500 for twelve years and thirty-two days in the case of a loan covering the purchase of only an undeveloped lot on which to place a mobile home owned by the veteran, which includes such amount as is determined by the Administrator to be appropriate to cover the cost of necessary site preparation, or " (H) $7,500 for twelve years and thirty-two days in the case of a loan covering the purchase of a suitably developed lot on which to place a mobile home owned by the veteran."; ^7) by amending clause (3) of subsection (e) to read as follows: ' (3) the loan is secured by a first lien on the mobile home purchased with the proceeds of the loan and on any lot acquired or improved with the proceeds of the loan;";

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 1866

note "^^ ^^^^

PUBLIC LAW 93-569-DEC. 31, 1974

[88 STAT.

(8) by inserting in subsection (f) "and mobile home lot loans*' after "loans"; (9) by inserting in the first sentence of subsection (i) "and no loan for the purchase of a lot on which to place a mobile home owned by a veteran shall be guaranteed under this section unless the lot meets such standards prescribed for mobile home lots" after "Administrator"; (10) by inserting in subsection (n) "and mobile home lot loans" immediately after "mobile home loans"; and (11) by striking out subsection (o) in its entirety. SEC. 6. Paragraph (5) of section 107 of the Federal Credit Union Act (12 U.S.C. 1757) is amended by inserting after the words "ten years," the words "except that loans made in accordance with section 2(^) ^f ^^® National Housing Act and section 1819 of title 38, United States Code, may be for the maturities specified therein,". SEC. 7. (a) Chapter 37 of title 38, United States Code, is amended by deleting sections 1812, 1813, 1814, and 1822. (b) The table of sections at the beginning of chapter 37 of title 38, United States Code, is amended by striking out the following: "1812. Purchase of farms and farm equipment. "1813. Purchase of business property. "1814. Loans to refinance delinquent indebtedness." and "1822. Recovery of damages.";

(c) The title of chapter 37 of title 38, United States Code, is amended by striking out "CHAPTER 37~HOME, FARM, A N D B U S I N E S S LOANS'. and inserting in lieu thereof "CHAPTER 37—HOME, CONDOMINIUM, A N D MOBILE HOME L O A N S '; and (d) The table of chapters at the beginning of title 38, United States Code, and the table of chapters at the beginning of part III of such title are each amended by striking out "37. Home, Farm, and Business Loans

1801"

and inserting in lieu thereof "37. Home, Condominium, and Mobile Home Loans

1801".

SEC. 8. Chapter 37 of title 38, United States Code, is amended as follows: (1) by striking out in section 1803(a)(1) "and not more than 50 per centum of the loan if the loan is for any of the purposes specified in section 1812, 1813, or 1814 of this title"; (2) by striking out the first sentence in section 1803(b); (3) by amending paragraph (1) of section 1803(d) to read as follows: "(1) The maturity of any loan shall not be more than thirty years and thirty-two days."; (4) by striking out the last sentence in paragraph (3) of section 1803(d); (5) by striking out the last sentence in section 1815(b); (6) by striking out in section 1818(a) "(except sections 1813 and 1816, and business loans under section 1814, of this title) "; and

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 88 STAT. ]

18(57

PUBLIC LAW 93-570-DEC. 31, 1974

(7) by striking out section 1818(c) in its entirety and redesignating subsection (d) as subsection (c). SEC. 9. Section 802 of tdtle 38, United States Code, is amended by striking out "$17,500" and inserting in lieu thereof "$25,000". SEC. 10. The provisions of this Act shall become effective on the date of enactment except that the amendments made by sections 2(a)(3) and 2(b) and sections 3(2) and 3(4) shall become effective ninety days after such date of enactment. Approved December 31, 1974,

38 USC 1818. Housing assistance for d i s a b l e d veterans, limitation. Effective date. 38 USC 1802 note.

Public Law 93-570 JOINT RESOLUTION Making further continuing appropriations for the fiscal year 1975, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That clause (c) of section 102 of the joint resolution of June 30, 1974 (Public Law 93-324, as amended by Public Law 93-448), is hereby further amended by striking out "sine die adjournment of the second session of the Ninetythird Congress" and inserting in lieu thereof "February 28, 1975". SEC. 2. Section 101(d) of such joint resolution is hereby amended by inserting after "all remaining activities except titles I and III (B) under the Economic Opportunity Act of 1964, as amended;" the following: "activities of the Commission on Revision of the Federal Court Appellate System;" SEC. 3. The fourth unnumbered clause of section 101(b) of such joint resolution, relating to foreign assistance and related programs appropriations, is further amended by striking out the semicolon at the end thereof and inserting ": Provided further, That all of the provisions, restrictions, and prohibitions contained in the Foreign Assistance Act of 1974 and in the Foreign Assistance Act of 1961, as amended, shall apply to funds made available herein for activities for which provision was made in the Foreign Assistance and Related Appropriations Act of 1974;". SEC. 4. Such joint resolution is amended by adding at the end thereof the following new section: "SEC. 114. Notwithstanding any other provision of this joint resolution or any other Act, including section 10 of the Foreign JNIilitary Sales Act Amendments, 1971, as amended, the following amounts are hereby made available, in addition to funds otherwise available under this joint resolution, for the following purposes: Security Supporting Assistance for Israel, $150,000,000; Security Supporting Assistance for Egypt, $150,000,000; Middle East Special Requirements Fund, $25,000,000; Assistance to Portugal and Portuguese Colonies, $10,000,000; Famine and Disaster Relief for Cyprus, $15,000,000; Assistance to Refugees from the Soviet Union, $10,000,000; and Assistance to Palestinian Refugees, $10,000,000: Provided, That all of the provisions, restrictions, and prohibitions contained in the Foreign Assistance Act of 1974 and in the Foreign Assistance Act of 1961, as amended, shall apply to the funds made available in this section.".

December 31, 1974 [H. J. R e s. 117S]

e o n t i n u i n g appropriations, 1975. Ante, 1363.

Ante,

pp. 284,

p. 281.

42 USC 2711,

2861.

Ante,

p 281.

Ante,

p 1795. 22 USC 2151 note. 87 Stat. 1049.

84 Stat. 2055.

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 1868 Ante, p. 1363. Turkey, military assistance, limitation.

22 USC 2151 note, 2751 note. Suspension, P r e s i d e n t i a l authority. Effective period.

PUBLIC LAW 93-571-DEC. 31, 1974

[88

STAT.

SEC. 5. Section 6 of the joint resolution of October 17, 1974 (Public Law 93-448), is amended to read as follows: "SEC. 6. None of the funds herein made available shall be obligated or expended for any military assistance, or for any sales of defense articles and services (whether for cash or by credit, guaranty, or any other means), or for any licenses with respect to the transportation of arms, ammunitions, and implements of war (including technical data related thereto) to the Government of Turkey unless and until the President determines and certifies to the Congress that the Government of Turkey is in compliance with the Foreign Assistance Act of 1961, the Foreign Military Sales Act, and any agreement entered into under such Acts, and that substantial progress toward agreement has been made regarding military forces in Cyprus: Provided, That the President is authorized to suspend the provisions of this section and said Acts if he determines that such suspension will further negotiations for a peaceful solution of the Cyprus conflict. Any such suspension shall be effective only until February 5, 1975, and only if, during that time, Turkey shall observe the cease-fire and shall neither increase its forces on Cyprus nor transfer to Cyprus any United States supplied implements of war. Approved December 31, 1974.

Public Law 93-571 December 31, 1974 [H. R. 1 4 4 0 1 ]

American Revolution B i c e n t e n nial. Military b and s, s a l e of recordings 10 USC 3634 note. 10 USC 3634

10 USC 3634 note.

AN ACT To authorize military band recordings in support of the American Revolution Bicentennial

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding any other provision of law, the United States Army Band, United States Navy Band, United States Air Force Band, and United States Marine Band are authorized to participate in the production of a collection of recordings for commercial sale, in conjunction with the American Revolution Bicentennial. SEC. 2. The Secretary of Defense or his designee may enter into such contract or contracts, under such terms as the Secretary or his designee may determine to be in the best interest of the Government, for the production and sale of the collection of recordings authorized by section 1 of this Act. Sale of this collection of recordings may be made (a) at such prices as the Secretary of Defense or his designee may determine, and (b) either through commercial sources or by the Government, or both through commercial sources and by the Government. SEC. 3. Appropriations of the Department of Defense may be reimbursed from the proceeds of sales for expenses of production and sale of the collection of recordings authorized by this Act. Approved December 31, 1974.

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 88 STAT. ]

PUBLIC LAW 93-572-DEC. 31, 1974

1869

Public Law 93-572 AN ACT

December 31, 1974

To provide a program of emergency unemployment compensation.

Be it enacted by the Senate- and House of Representatives United States of America in Congress assembled. •'

[H.R. 17597]

of the

"^

Emergency un-

SHORT TITLE

employment Comp e n s a t i o n Act of 1974.

SEC. 101. This Act may be cited as the "Emergency Unemployment Compensation Act of 1974".

26 USC 3304 note.

FEDERAL-STATE

AGREEMENTS

SEC. 102. (a) Any State, the State unemployment compensation law n o26. u s e 3304 te of which is approved by the Secretary of Labor (hereinafter in this Act referred to as the "Secretary") under section 3304 of the Internal Revenue Code of 1954 which desires to do so, may enter into and ^^ ^^'^ ^^^^ participate in an agreement with the Secretary under this Act, if such State law contains (as of the date such agreement is entered into) a requirement that extended compensation be payable thereunder as provided by the Federal-State Extended Unemployment Compensation Act of 1970. Any State which is a party to an agreement under n o26. u s e 3304 te this Act may, upon providing thirty days' written notice to the Secretary, terminate such agreement. (b) Any such agreement shall provide that the State agency of the State will make payments of emergency compensation— (1) to individuals who— (A)(i) have exhausted all rights to regular compensation under the State law; (ii) have exhausted all rights to extended compensation, or are not entitled thereto, because of the ending of their eligibility period for extended compensation, in such State; (B) have no rights to compensation (including both regular compensation and extended compensation) with respect to a week under such law or any other State unemployment compensation law or to compensation under any other Federal law; and (C) are not receiving compensation with respect to such week under the unemployment compensation law of the Virgin Islands or Canada, (2) for any week of unemployment which begins in— (A) an emergency benefit period (as defined in subsection (c)(3)); and (B) the individual's period of eligibility (as defined in section 105(b)). (c)(1) For purposes of subsection (b)(1)(A), an individual shall be deemed to have exhausted his rights to regular compensation under a State law when— (A) no payments of regular compensation can be made under such law because such individual has received all regular compensation available to him based on employment or wages during his base period; or (B) his rights to such compensation have been terminated by reason of the expiration of the benefit year with respect to which such rights existed.

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