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"(2) the term 'Commission' means the National Study Commission on Records and Documents of Federal Officials j and "(3) the term 'records and documents' shall include handwritten and typewritten documents, motion pictures, television tapes and recordings, magnetic tapes, automated data processing documentation in various forms, and other records that reveal the history of the Nation. "§ 3316. Establishment of Commission '»'» "^^ 3^^^"There is established a commission to be known as the National C(^mi°s"lon*on^ Study Commission on Records and Documents of Federal Officials. Records and Documents of

"§ 3317. Duties of Commission Federal or" I t shall be the duty of the Commission to study problems and ^44°use 3317. questions with respect to the control, disposition, and preservation of records and documents produced by or on behalf of Federal officials, with a view toward the development of appropriate legislative recommendations and other recommendations regarding appropriate rules and procedures with respect to such control, disposition, and preservation. Such study shall include consideration of— "(1) whether the historical practice regarding the records and documents produced by or on behalf of Presidents of the United States should be rejected or accepted and whether such practice should be made applicable with respect to all Federal officials; "(2) the relationship of the findings of the Commission to the 44 USC 1901. provisions of chapter 19 of this title, section 2101 through section 44 USC 2101, 2108 of this title, and other Federal laws relating to the control, 2108. disposition, and preservation of records and documents of Federal officials; "(3) whether the findings of the Commission should affect the control, disposition, and preservation of records and documents of agencies within the Executive Office of the President created for short-term purposes by the President; "(4) the recordkeeping procedures of the White House Office, with a view toward establishing means to determine which records and documents are produced by or on behalf of the President; "(5) the nature of rules and procedures which should apply to the control, disposition, and preservation of records and documents produced by Presidential task forces, commissions, and boards; "(6) criteria which may be used generally in determining the scope of materials which should be considered to be the records and documents of Members of the Congress; "(7) the privacy interests of individuals whose communications with Federal officials, and with task forces, commissions, and boards, are a part of the records and documents produced by such officials, task forces, commissions, and boards; and "(8) any other problems, questions, or issues which the Commission considers relevant to carrying out its duties under section 3315 through section 3324 of this title. "§ 3318. Membership ^^ use sais. " (a)(1) The Commission shall be composed of seventeen members as follows: " (A) one Member of the House of Representatives appointed by the Speaker of the House upon recommendation made by the majority leader of the House; (B) one Member of the House of Representatives appointed

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Vacancies,

Compensation.

•

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[88 STAT.

by the Speaker of the House upon recommendation made by the minority leader of the House; " (C) one Member of the Senate appointed by the President pro tempore of the Senate upon recommendation made by the majority leader of the Senate; " (D) one Member of the Senate appointed by the President pro tempore of the Senate upon recommendation made by the minority leader of the Senate; " (E) one Justice of the Supreme Court, appointed by the Chief Justice of the United States; " (F) one person employed by the Executive Office of the President or the White House Office, appointed by the President; " (G) three appointed by the President, by and with the advice and consent of the Senate, from persons who are not officers or employees of any government and who are specially qualified to serve on the Commission by virtue of their education, training, or experience; " (PI) one representative of the Department of State, appointed by the Secretary of State; " (I) one representative of the Department of Defense, appointed by the Secretary of Defense; " (J) one representative of the Department of Justice, appointed by the Attorney General; " (K) the Administrator of General Services (or his delegate); " (L) the Librarian of Congress; " (M) one member of the American Historical Association,, appointed by the counsel of such Association; " (N) one member of the Society of American Archivists, appointed by such Society; and " (O) one member of the Organization of American Historians, appointed by such Organization. "(2) No more than two members appointed under paragraph (1) (G) may be of the same political party. ^^(h) A vacaucy in the Commission shall be filled in the manner in which the original appointment was made. "(c) If any member of the Commission who was appointed to the Commission as a Member of the Congress leave such office, or if any member of the Commission wdio was appointed from persons who are not officers or employees of any government becomes an officer or employee of a government, he may continue as a member of the Commission for no longer than the sixty-day period beginning on the date he leaves such office or becomes such an officer or employee, as the case may be. " (d) Members shall be appointed for the life of the Commission. " (e)(1) Members of the Commission shall serve without pay. "(2) While away from their homes or regular places of business in the performance of services for the Commission, members of the Commision shall be allowed travel expenses in the same manner as persons employed intermittently in the service of the Federal Government pi-e allowed expenses under section 5703(b) of title 5, United States Code, except that per diem in lieu of subsistence shall he, paid only to those members of the Commission who are not full-time officers or employees of the United States or Members of the Congress. " (f) The Chairman of the Commission shall be designated by the President from among members appointed under subsection (a)(1) (G).

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" (g) The Commission shall meet at the call of the Chairman or a majority of its members. "§ 3319. Director and staff; experts and consultants 44 USC 3319. " (a) The Commision shall appoint a Director who shall be paid at a rate not to exceed the rate of basic pay in effect for level V of the Executive Schedule (5 U.S.C. 5316). "(b) The Commission may appoint and fix the pay of such additional personnel as it deems necessary. "(c)(1) The Commission may procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay in effect for grade G8-15 of the General Schedule (5 U.S.C. 5332). "(2) In procuring services under this subsection, the Commission shall seek to obtain the advice and assistance of constitutional scholars and members of the historical, archival, and journalistic professions. " (d) Upon request of the Commission, the head of any Federal agency is authorized to detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist it in carrying out its duties under sections 3315 through 3324 of this title. "§ 3320. Powers of Commission ^^ use 3320. " (a) The Commission may, for the purpose of carrying out its duties under sections 3315 through 3324 of this title, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission may deem desirable. "(b) When so authorized by the Commission, any member or agent of the Commission may take any action which the Commission is authorized to take by this section. "(c) The Commission may secure directly from any department or agency of the United States information necessary to enable the Commission to carry out its duties under section 3315 through section 3324 of this title. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission. "§ 3321. Support services ^^ "se 3321. " (a) The Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services and assistance as the Commission may request. "(b) The Archivist of the United States shall provide to the Commission on a reimbursable basis such technical and expert advice, consultation, and support assistance as the Commission may request. 44 USC 3322. "The Commission shall transmit to the President and to each House Report to of the Congress a report not later than March 31, 1976. Such report congres". ^" shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation, administrative actions, and other actions, as it deems appropriate. "§3323. Termination ^^ use 3323. "The Commission shall cease to exist sixty days after transmitting its report under section 3322 of this title. 44 USC 3324. "There is authorized to be appropriated such sums as may be necessary to carry out section 3315 through section 3324 of this title.". 38-194 O - 76 - 25 Pt. 2
 * §3322. Report
 * § 3324. Authorization of appropriations

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PUBLIC LAW 93-527-DEC. 21, 1974 TECHNICAL

[88 STAT.

AMENDMENT

SEC. 203. The table of sections for chapter 33 of title 44, United States Code, is amended by adding at the end thereof the following new items: "3315. Definitions. "8316. Establishment of Commission. "3317. Duties of Commission. "3318. Membership. "3319. Director and stafE; experts and consultants. "3320. Powers of Commission. "3321. Support services. "3322. Report. "3323. Termination. "3324. Authorization of appropriations.". Approved December 19, 1974. Public Law 93-527 December 21, 1974 [S.4040]

Veterans and Survivors Pension Adjustment Act of 1974. 38 USC 521 note. Unmarried vet-

Veterans with dependents.

AN ACT To amend title 38 of the United States Code to liberalize the provisions relating to payment of disability and death pension and dependency and indemnity compensation, to increase income limitations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Veterans and Survivors Pension Adjustment Act of 1974". SEC. 2. Section 521 of title 38, United States Code, is amended as follows: (1) by amending subsection (b) to read as follows: "(b) If the veteran is unmarried (or married but not living with and not reasonably contributing to the support of his spouse) and has no child, pension shall be paid according to the following formula: If annual income is $300 or less, the monthly rate of pension shall be $160. For each $1 of annual income in excess of $300 up to and including $500, the monthly rate shall be reduced 3 cents; for each $1 .annual income in excess of $500 up to and including $900, the monthly rate shall be reduced 4 cents; for each $1 of annual income in excess of $900 up to and including $1,500, the monthly rate shall be reduced 5 cents; for each $1 of annual income in excess of $1,500 up to and including $1,900, the monthly rate shall be reduced 6 cents; for each $1 of annual income in excess of $1,900 up to and including $2,300, the monthly rate shall be reduced 7 cents; and for each $1 of annual income in excess of $2,300 up to and including $3,000, the monthly rate shall be reduced 8 cents; but in no event shall the monthly rate of pension be less than $5. No pension shall be paid if annual income exceeds $3,000."; (2) by amending subsection (c) to read as follows: "(c) If the veteran is married and living with or reasonably contributing to the support of his spouse, or has a child or children, pension shall be paid according to the following formula: If annual income is $500 or less, the monthly rate of pension shall be $172 for a veteran and one dependent, $177 for a veteran and two dependents, and $182 for three or more dependents. For each $1 of annual income in excess of $500 up to and including $700, the monthly rate shall be reduced 2 cents; for each $1 of annual income in excess of $700 up to

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and iiicliuling $1,800, the monthly rate shall be reduced 8 cents; for each $1 of annual income in excess of $1,800 u}) to and includino-$8,000. the monthly rate shall be reduced 4 cents; for each $1 of annual income in excess of $3,000 u p to and including $3,500, the monthly rate shall be reduced 5 cents; for each $1 of annual income in excess of $3,500 up to and including $3,800. the monthly rate shall be reduced cents; for each $1 of annual income in excess of $3,800 up to and including $4,000. the monthly rate shall be reduced 7 cents; and for each $1 of annual income in excess of $4,000 up to and including $4,200. the monthly rate shall be reduced 8 cents. No pension shall be paid if annual income exceeds $4,200."'; (3) by amending subsection (d) by sti-iking out ""$110" and inserting in lieu thereof "$123"; and (4) by amending subsection (e) by striking out "'$44'' and inserting in lieu thereof "$49'\ SPX-. 3. Section 541 of title 38, Ignited States Code. is amended as ,.,,

1703

children.
 * /f°^^ ^^^^ "°

tollows:

(1) by amending subsection (b) to read as follows: "(b) If there is no child, pension shall be paid according to the following formula: If annual income is $300 or less, the monthly rate of pension shall be $108. For each $1 of annual income in excess of $300 up to and including $600. the monthly rate shall be reduced 1 cent; for each $1 of annual income in excess of $600 up to and including $900, the monthly rate shall be reduced 3 cents; for each $1 of annual income in excess of $900 up to and including $2,100, the monthly rate shall be reduced 4 cents; and for each $1 of annual income in excess of $2,100 up to and including $^),000, the monthly rate shall be reduced 5 cents; but in no event shall the monthly rate of pension be less than $5. No pension shall be paid if annual income exceeds $3,000."; (2) by amending subsection (c) to read as follows: "(c) If there is a widow and one child, pension shall be paid accord- widows with ing to the following formula: If annual income is $700 or less, the °"^ ^'^* monthly rate of pension shall be $128. For each $1 ojf annual income in excess of $700 up to and including $1,100, the monthly rate shall be reduced 1 cent; for each $1 of annual income in excess of $1,100 up to and including $2,100, the monthly rate shall be reduced 2 cents; for each $1 of annual income in excess of $2,100 up to and including $3,000, the monthly rate shall be reduced 3 cents; and for each $1 of annual income in excess of $3,000 up to and including $4,200, the monthly rate shall be reduced 4 cents. Whenever the monthly rate payable to the widow under the foregoing formula is less than the amount which would be payable to the child under section 542 of this title if the widoM^ were not entitled, the widow will be paid at the child's rate. No pension shall be paid if the annual income exceeds $4,200."; (3) by amendin<r subsection (cl) by striking out "$18" and inserting in lieu thereof "$20"; and (4) by adding at the end thereof the following new subsection: "(f) As used in this section and section 542 of this title, the term "Veterans." 'veteran' includes a person who has completed at least two years of honorable active military, naval, or air service, as certified by the Secretary concerned, but whose death in such service Avas not in line of duty.". SEC. 4. Section 542 of title 38, United States Code, is amended as children. follows:

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Annual income limitations, increase, 38 USC 5-21 note, 38 USC 521 note.

One parent.

Two parents,

PUBLIC LAW 93-527-DEC. 21, 1974

[88 STAT.

(1) by amending subsection (a) by striking out "$44" and "$18" arid inserting in lieu thereof "$49" "$20", respectively; and (2) by amending subsection (c) by striking out "$2,000" and inserting in lieu thereof "$2,400". SEC. 5. Section 544 of title 38, United States Code, is amended by striking out "$55" and inserting in lieu thereof "$64". SEC. 6. Section 4 of Public Law 90-275 (82 Stat. 68) is amended to read as follows: "SEC. 4. The annual income limitations governing payment of pension under the first sentence of section 9(b) of the Veterans' Pension Act of 1959 hereafter shall be $2,600 and $3,900, instead of $2,200 and $3,500, respectively.". g^^ ^^ Section 415 of title 38, United States Code, is amended as follows: (1) by amending subsection (b) to read as follows: "(b)(1) Except as provided in paragraph (2) of this subsection, if there is only one parent, dependency and indemnity compensation shall be paid to him according to the following formula: If annual income is $800 or less, the monthly rate of dependency and indemnity compensation shall be $123. For each $1 of annual income in excess of $800 up to and including $1,000, the monthly rate shall be reduced 3 cents; for each $1 of annual income in excess of $1,000 up to and including $1,300, the monthly rate shall be reduced 4 cents; for each $1 of annual income in excess of $1,300 up to and including $1,600, the monthly rate shall be reduced 5 cents; for each $1 of annual income in excess of $1,600 up to and including $1,800, the monthly rate shall be reduced 6 cents; for each $1 of annual income in excess of $1,800 up to and including $2,000, the monthly rate shall be reduced 7 cents; and for each $1 annual income in excess of $2,000 up to and including $3,000, the monthly rate shall be reduced 8 cents; but in no event shall the monthly rate of dependency and indemnity compensation be less than $4. No dependency and indemnity compensation shall be paid if annual income exceeds $3,000. "(2) If there is only one parent and he has remarried and is living with his spouse, dependency and indemnity compensation shall be paid to him under either the formula of paragraph (1) of this subsection or under the formula in subsection (d), whichever is the greater. In such a case of remarriage the total combined annual income of the parent and his spouse shall be counted in determining the monthly rate of dependency and indemnity compensation under the appropriate formula."; (2) by amending subsection (c) to read as follows: " ^(.^ Exccpt as provided in subsection (d), if there are two parents, but they are not living together, dependency and indemnity compensation shall be paid to each according to the following formula: If the annual income of each parent is $800 or less, the monthly rate of dependency and indemnity payable to each shall be $86. For each $1 of annual income in excess of $800 up to and including $1,100, the monthly rate shall be reduced 2 cents; for each $1 of annual income in excess of $1,100 up to and including $2,100, the monthly rate shall be reduced 4 cents; for each $1 of annual income in excess of $2,100 up to and including $2,500, the monthly rate shall be reduced 5 cents; and for each $1 of annual income in excess of $2,500 up to and including $3,000, the monthly rate shall be reduced 6 cents; but in no event shall the monthly rate of dependency and indemnity compensation be less than $4. No dependency and indemnity compensation shall be paid to a parent whose annual income exceeds $3,000.";

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(3) by amending subsection (d) to read as follows: " (d) If there are two parents who are living together, or if a parent has remarried and is living with his spouse, dependency and indemnity compensation shall be paid to each such parent according to the following formula: If the total combined annual income is $1,000 or less, the monthly rate of dependency and indemnity compensation payable to each parent shall be $83. For each $1 of annual income in excess of $1,000 up to and including $1,100, the monthly rate shall be reduced 1 cent; for each $1 of annual income in excess of $1,100 up to and including $2,500, the monthly rate shall be reduced 2 cents; for each $1 of annual income in excess of $2,500 up to and including $3,500, the monthly rate shall be reduced 3 cents; and for each $1 of annual income in excess of $3,500 up to and including $4,200, the monthly rate shall be reduced 4 cents; but in no event shall the monthly rate of dependency and indemnity compensation be less than $4. No dependency and indemnity compensation shall be paid to either parent if the total combined annual income exceeds $4,200."; and (4) by amending subsection (h) by striking out "$55" and inserting in lieu thereof "$64". SEC. 8. (a) The Administrator of Veterans' Affairs shall carry out ^^^l'^^^^^^''^^' an original study of the needs and problems of veterans and their widows? study. widows seventy-two years of age or older. The study shall include ^^ use soi (1) a profile of the current income characteristics of such veterans "° ^' and their widows, describing the proportion and amount of income from all sources and the average necessary for all necessities such as rent, food, medical care, and other items; (2) an evaluation of the adequacy of the present veterans pension system to meet the needs of such veterans and widows; and (3) actuarial infoiniation concerning the present expected mortality rates of such veterans and their widows. (b) The Administrator shall report to the Congress and the Presi- Report to dent not later than one hundred and eighty days after the convening p°e"sTdent.^"'^ of the first session of the Ninety-fourth Congress the results of the study carried out under this section together with any recommendations for legislative or administrative action to improve the present program of pension benefits for such veterans and widows. SEC. 9. (a) Subsection (e) of section 103 of title 38, United States Carried chiiCode, is amended— ^^'"' ^'"^''*^(1) by adding " (1) " immediately before "The"; and (2) by adding at the end thereof the following new paragraph: "(2) The marriage of a child of a veteran shall not bar the recognition of such child as the child of the veteran for benefit purposes if the marriage has been terminated by death or has been dissolved by a court with basic authority to render divorce decrees unless the Veterans' Administration determines that the divorce was secured through fraud by either party or collusion.". (b) Subsection (1) of section 3010 of title 38, United States Code, ^.^J'^'J^' ^"^'^is amended to read as follows: ^^^ ^ ^' "(1) The effective date of an award of benefits to a widow based upon a termination of a remarriage by death or divorce, or of an award or increase of benefits based on recognition of a child upon termination of the child's marriage by death or divorce, shall be the date of death or the date the judicial decree or divorce becomes final, if an application therefor is received within one year from such termination.". SEC. 10. This Act shall take effect on January 1, 1975. 38 USC''52f*^' Approved December 21, 1974. "ote.

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[88 STAT.

Public Law 93-528 December 21, 1974 [S. 782]

Antitrust Procedures and P e n a l t i e s Act, 15 USC 16 note.

AN ACT To reform consent decree procedures, to increase penalties for violation of the Sherman Act, and to revise the Expediting Act as it pertains to Appellate Review. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Antitrust Procedures and Penalties Act", C O N S E N T DECREE PROCEDURES

15 USC 16,

Publication in Federal Register.

eompetitive impact statement, publication in Federal Register,

Publication in n e w s p a p e r s.

SEC. 2, Section 5 of the Act entitled "An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes", approved October 15, 1914 (15 LT.S.C. 16), is amended by redesignating subsection (b) as (i) and by inserting immediately after subsection (a) the following: "(b) Any proposal for a consent judgment submitted by the United States for entry in any civil proceeding brought by or on behalf of the United States under the antitrust laws shall be filed with the district court before which such proceeding is ponding and published by the United States in the Federal Register at least 60 days prior to the effective date of such judgment. Any written comments relating to such proposal and any responses by the United States thereto, shall also be filed w4th such district court and published by the United States in the Federal Register within such sixty-day period. Copies of such proposal and any other materials and documents which the United States considered determinative in formulating such proposal, shall also be made available to the public at the district court and in such other districts as the court may subsequently direct. Simultaneously with the filing of such proposal, unless otherwise instructed by the court, the United States shall file with the district court, publish in the Federal Register-, and thereafter furnish to any percon upon request, a competitive impact statement which shall recite— " (1) the nature and purpose of the proceeding; "(2) a description of the practices or events giving rise to the alleged violation of the antitrust laws; "(3) an explanation of the proposal for a consent judgment, including an explanation of any unusual circumstances giving rise to such proposal or any provision contained therein, relief to be obtained thereby, and the anticipated effects on competition of such relief; "(4) the remedies available to potential private plaintiffs damaged by the alleged violation in the event that such proposal for the consent judgment is entered in such proceeding; "(5) a description of the procedures available for modification of such proposal; and "(6) a description and evaluation of alternatives to such proposal actually considered by the United States. "(c) The United States shall also cause to be published, commencing at least 60 days prior to the effective date of the judgment described in subsection (b) of this section, for Y days over a period of 2 weeks in newspapers of general circulation of the district in which the case has been filed, in the District of Columbia, and in such other districts as the court may direct— "(i) a summary of the terms of the proposal for the consent judgment,

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"(ii) a summary of the competitive impact statement filed under subsection (b), "(iii) and a list of the materials and documents under subsection (b) which the United States shall make available for purposes of meaningful public comment, and the place where such materials and documents are available for public inspection, " (d) During the 60-day period as specified in subsection (b) of this section, and such additional time as the United States may request and the court may grant, the United States shall receive and consider any written comments relating to the proposal for the consent judgment submitted under subsection (b). The Attorney General or his designee shall establish procedures to carry out the provisions of this subsection, but such 60-day time period shall not be shortened except by order of the district court upon a showing that (1) extraordinary circumstances require such shortening and (2) such shortening is not adverse to the public interest. At the close of the period during which such comments may be received, the United States shall file with the district court and cause to be published in the Federal Register a response to such comments. "(e) Before entering any consent judgment proposed by the United States under this section, the court shall determine that the entry of such judgment is in the public interest. For the purpose of such determination, the court may consider— "(1) the competitive impact of such judgment, including termination of alleged violations, provisions for enforcement and modification, duration or relief sought, anticipated effects of alternative remedies actually considered, and any other considerations bearing upon the adequacy of such judgment; "(2) the impact of entry of such judgment upon the public generally and individuals alleging specific injury from the violations set forth in the complaint including consideration of the public benefit, if any, to be derived from a determination of the issues at trial. " (f) In making its determination under subsection (e), the court may— "(1) take testimony of Government officials or experts or such other expert witnesses, upon motion of any party or participant or upon its own motion, as the court may deem appropriate; "(2) appoint a special master and such outside consultants or expert witnesses as the court may deem appropriate; and request and obtain the views, evaluations, or advice of any individual, group or agency of government with respect to any aspects of the proposed judgment or the effect of such judgment, in such manner as the court deems appropriate; "(3) authorize full or limited participation in proceedings before the court by interested persons or agencies, including appearance amicus curiae, intervention as a party pursuant to the Federal Rules of Civil Procedure, examination of witnesses or documentary materials, or participation in any other manner and extent which serves the public interest as the court may deem appropriate. "(4) review any comments including any objections filed with the United States under subsection (d) concerning the proposed judgment and the responses of the United States to such comments and objections; and

170'

Comments.

Response, publication in Federal R e g i s t e r.

Public interest determination.

28 USC app.

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wrIuen^or°orai communications,

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[88 STAT.

"(5) take such other action in the public interest as the court may deem appropriate. "^s) ^ o t later thau 10 dajs following the date of the filing of ^^J proposal for a conseut judgment under subsection (b), each defendant shall file with the district court a description of any and all written or oral communications by or on behalf of such defendant, including any and all written or oral communications on behalf of such defendant, or other person, with any officer or employee of the United States concerning or relevant to such proposal, except that any such communications made by counsel of record alone with the Attorney General or the employees of the Department of Justice alone shall be excluded from the requirements of this subsection. Prior to the entry of any consent judgment pursuant to the antitrust laws, each defendant shall certify to the district court that the requirements of this subsection have been complied with and that such filing is a true and complete description of such communications known to the defendant or which the defendant reasonably shoidd have known. " (h) Proceedings before the district court under subsections (e) and (f) of this section, and the competitive impact statement filed under subsection (b) of this section, shall not be admissible against any defendant in any action or proceeding brought by any other party against such defendant under the antitrust laws or by the United States under section 4A of this Act nor constitute a basis for the introduction of the consent judgment as prima facie evidence against such defendant in any such action or proceeding." PENALTIES

SEC. 3. Sections 1, 2, and 3 of the Act entitled "An Act to protect trade and commerce against unlawful restraints and monopolies", approved July 2, 1890 (15 U.S.C. 1, 2, and 3), are each amended— (1) by striking out "misdemeanor" whenever it appears and inserting in lieu thereof in each case "felony"; (2) by striking out "fifty thousand dollars" whenever such phrase appears and inserting in lieu thereof in each case the following: "one million dollars if a corporation, or, if any other person, one hundred thousand dollars"; and (3) by striking out "one year" whenever such phrase appears and inserting in lieu thereof in each case "three years". EXPEDITING ACT REVISIONS

SEC. 4. Section 1 of the Act of February 11, 1903 (32 Stat. 823), as amended (15 U.S.C. 28; 49 U.S.C. 44), commonly known as the Expediting Act, is amended to read as follows: "SECTION 1. In any civil action brought in any district court of the United States under the Act entitled 'An Act to protect trade and commerce against unlawful restraints and monopolies', approved July 2, 1890, or any other Acts having like purpose that have been or hereafter may be enacted, wherein the United States is plaintiff and equitable relief is sought, the Attorney General may file with the court, prior to the entry of final judgment, a certificate that, in his opinion, the case is of a general public importance. Upon filing of such certificate, it shall be the duty of the judge designated to hear and

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PUBLIC LAW 93-528-DEC. 21, 1974

1709

determine the case, or the chief judge of the district court if no judge has as yet been designated, to assign the case for hearing at the earliest practicable date and to cause the case to be in every way expedited." SEC. 5. Section 2 of that Act (15 U.S.C. 29; 49 U.S.C. 45) is amended to read as follows: " (a) Except as otherwise expressly provided by this section, in Appeals. every civil action brought in any district court of the United States under the Act entitled 'An Act to protect trade and commerce against unlawful restraints and monopolies', approved July 2, 1890, or any other Acts having like purpose that have been or hereafter may be enacted, in which the United States is the complainant and equitable relief is sought, any appeal from a final judgment entered in any such action shall be taken to the court of appeals pursuant to sections 1291 and 2107 of title 28 of the Ignited States Code. Any appeal from an interlocutory order entered in any such action shall be taken to the court of appeals pursuant to sections 1292(a)(1) and 2107 of title 28 of the United States Code but not otherwise. Any judgment entered by the court of appeals in any such action shall be subject to review Supreme Court by the Supreme Court upon a writ of certiorari as provided in section 1254 (1) of title 28 of the United States Code. " (b) An appeal from a final judgment pursuant to subsection (a) Appeal. shall lie directly to the Supreme Court if, upon application of a party filed within fifteen days of the filing of a notice of appeal, the district Notice. judge who adjudicated the case enters an order stating that immediate consideration of the appeal by the Supreme Court is of general public importance in the administration of justice. Such order shall be filed within thirty days after the filing of a notice of appeal. When such an order is filed, the appeal and any cross appeal shall be docketed in the time and manner prescribed by the rules of the Supreme Couit. The Supreme Court shall thereupon either (1) dispose of the appeal and any cross appeal in the same manner as any other direct appeal authorized by law, or (2) in its discretion, deny the direct appeal and remand the case to the court of appeals, which shall then have jurisdiction to hear and determine the same as if the appeal and any cross appeal therein had been docketed in the court of appeals in the first instance pursuant to subsection (a), " SEC. 6. (a) Section 401(d) of the Communications Act of 1934 (47 Repeal. U.S.C. 401(d)) is repealed. (b) Section 3 of the Act entitled "An Act to further regulate com- ^J^/^" enforce. merce with foreign nations and among the States", approved Febru- ment. ary 19, 1903 (32 Stat. 849; 49 U.S.C. 43), is amended by striking out "proceeding:" and inserting in lieu thereof "proceeding." and striking out thereafter the following: ^'•Provided, That the provisions of an Act entitled 'An Act to expedite the hearing and determination of suits in equity pending or thereafter brought under the Act of July second, eighteen hundred and ninety, entitled "An Act to protect trade and commerce against unlawful restraints and monopolies," "An Act to regulate commerce," approved February fourth, eighteen hundred and eighty-seven, or any other Acts having a like purpose that may be hereafter enacted, approved February eleventh, nineteen hundred and three,' shall apply to any case prosecuted under the direction of the Attorney-General in the name of the Interstate Commerce Commission".

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 1710

PUBLIC LAW 93-529-DEC. 21, 1974

[88 STAT.

SEC. 7. The amendment made by section 5 of this Act shall not apply 'Vs use 29 to an action in which a notice of appeal to the Supreme Court has Tbeen note. filed on or before the fifteenth day following the date of enactment of this Act. Appeal in any such action shall be taken pursuant to the pro^ visions of section 2 of the Act of February 11, 1903 (32 Stat. 823), as amended (15 U.S.C. 29; 49 U.S.C. 45) which were in effect on the day preceding the date of enactment of this Act. Nonapplicabil-

Approved December 21, 1974. Public Law 93-529 December 21, 1974

———:

AN

ACT

1— To rescind certain budget authority recommended in the messages of the l»resident of September 20, 1974 (H. Doc. 93-361), October 4, 1974 (H. Doc. 93-365) and November 13, 1974 (H. Doc. 93-387). transmitted pursuant to section 1012 of the Impoundment Control Act of 1974.

Be it enacted by the Senate and House of Representatives of the auth^orft'" ^"^^^^^ United States of America in (Congress assembled, That the following Rescission. I'escissions of budget authority contained in the messages of the President of September 20, 1974 (H. Doc. 93-361), October 4, 1974 (H. Doc. 93-365) and November 13, 1974 (H. Doc. 93-387) are made Ante, p. 333. pursuant to section 1012 of the Impoundment Control Act of 1974, namely: CHAPTER I

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COLLEGE HOUSING

The limitation otherwise applicable to the total payments that may be required in any fiscal year by all contracts entered into under title IV of the Llousing Act of 1950, as amended (12 U.S.C. 1749 et seq.), is hereb}^ reduced by the uncommitted balances of authorizations heretofore provided for this purpose in appropriation acts. CHAPTER II DEPARTMENT OF THE INTERIOR BuKEAu

84 Stat. 1715.

OF L A N D

MANAGEMENT

Contract authority provided for the fiscal year ending June 30, 1973 by section 105(a)(8) of the Federal-Aid Highway Act of 1970 (Public Law 91-605) for "Public lands development roads and trails" is rescinded in the amount of $4,891,000. NATIONAL PARK SERVICE

84 Stat. 1716.

Contract authority provided for the fiscal year ending June 30, 1973 by section 105(a) (10) of the Federal-Aid High\yay Act of 1970 (Public Law 91-605) for "Parkways" is rescinded in the amount of S10,461,000.

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 88 STAT. ]

PUBLIC LAW 93-530-DEC. 22, 1974 Rp]LATP:i)

1711

AGEX(^IP:S

I)P:PARTMP:NT OF A(KI(T LTLKE FOREST SERVICE

Contract authority provided foi- the fiscal year ending June oO, 1973 by section 105(a)(7) of the P^ederal-Aid Highway Act of 1970 (Public Law 91-605) for "Forest development roads and trails" is rescinded in the amount of $(51,11,000.

^4 Stat. 1715.

CHAPTER III APPALACHIAN REGIONAL DEVELOPMENT PROGRAMS

The authority to incur obligations provided by subsection (f) of ^^ use app. section 208 of the Appalachian Regional Development Act of 1965, as amended (85 Stat. 169, 40 App. T^S.(\ 208), is rescinded. Approved December 21, 1974.

Public Law 93-530 AN ACT

To authorize the Secretary of the Interior to purchase property located within the San Carlos Mineral Strip.

December 22, 1974

!_

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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary ^^" carios of the Interior (hereinafter referred to as the "Secretary'') is hereby r^i^e.ArL!^" authorized and directed to acquire through purchase within the Lands in trust. so-called San Carlos Mineral Strip as of January 24, 1969, all privately owned real property, taking title thereto in the name of the United States in trust for the San Carlos Apache Indian Tribe. SEC. 2. The Secretary is authorized and directed to purchase from ^ang'^ i^the owners all range improvements of a permanent nature placed, chase. under the authority of a permit from or agreement with the United States, on the lands restored to the San Carlos Apache Indian Tribe for the reasonable value of such improvements, as determined by the Secretary: Provided, however, That, if any such range improvements were constructed under cooperative agreement with the Federal Government, the reasonable value shall be decreased proportionately by the percentage of original Federal participation. Such permanent improvements shall include, but not be limited to, wells, windmills, water tanks, ponds, dams, roads, fences, corrals and buildings. The Secretary shall take title to such range improvements in the name of the United States in trust for the San Carlos Apache Indian Tribe. SEC. 3. There are authorized to be appropriated for the purposes of Appropriation. this Act not to exceed $3,000,000 to be available without fiscal year limitation: Provided, That in no event shall any person receive total compensation under this Act in excess of $300,000: Provided further. That the Secretary shall make a fair determination of compensation for property acquired pursuant to this Act: And provided further, That the Secretary shall make such appraisals and require the owners to present such documents as title, tax assessment, bills of sale, other paper, and other evidence which he may deem necessary for such A determination. Approved December 22, 1974.

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 1712

PUBLIC LAW 93-531-DEC. 22, 1974

[88 STAT.

Public Law 93-531 December 22, 1974 [ H. R. 10337]

AN ACT

To provide for final settlement ot the conflicting riglits and interests of the Hopi and Navajo Tribes to and in lands lying within the joint nse area of the reservation established by the Executive order of December 16, 1882, and lands lying within the reservation created by the Act of June 14, 1934, and for other purposes.

Be It enacted by the Senate and House of Representatives of the Hopf^nd Vnited /States of America h Congress assembled, That, (a) within Navajo Tribes. thirty days after enactment of this Act, the Director of the Federal Mediator. Mediation and Conciliation Service shall appoint a Mediator (herein25 USC 640d. after referi'ecl to as the "Mediator") who shall assist in the ner^otiations for the settlement and partition of the relative rights and interests, as determined by the decision in the case of Healing v. Jones (210 F. Supp. 125, D. "Ariz., 1962, afl"d 363 XLS. 758, 1963) (hereinafter referred to as the "Healing case"), of the Hopi and Navajo Tribes (hereinafter referred to as the "tr-ibes") to and in lands within the reservation established by the Executive order of December 16, 1882, except land management district no. 6 (snch lands her-anafter referred to as the "joint nse area"). The Mediator shall not have any interest, direct or indirect, in the settlement of the interests and rights set ont in this subsection. The dnties of the Mediator shall cease npon the entering of a fnll agreement into the records of the snpplemental proceedings pursuant to section 3 or the submission of a report to the District Conrt after- a defanlt in negotiations or a partial agreement pursuant to section 4. (b) The proceedings in which the Mediator shall be acting under the provisions of this x\ct shall be the supplemental ]n-oceedings in the Healing case now pending in the United States District Court for the District of Arizona (hereinafter referred to as "the District Court"). (c)(1) The Mediator is authorized to request from any department, agency, or independent instrumentality of the Federal Government any information, personnel, service, or materials he deems necessary to carry out his responsibilities under the provisions of this Act. Each such department, agency, or insti-umentality is authorized to cooperate with the Mediator and to comply with such requests to the extent permitted by law, on a reimbursable or nonreimbursable basis. commiuee""^ (2) To facilitate the expeditious and orderly compilation and Establishment, development of factual information relevant to the negotiating process, the President shall, within fifteen days of enactment of this Act, establish an interagency committee chaired by the Secretary of the Interior (hereinafter referred to as the "Secretary") to develop relevant information and to respond to the requests of the Mediator. (d) The Secretary shall appoint a full-time representative as his liaison with the Mediator to facilitate the provision of information and assistance requested by the Mediator from the Department of the Interior. (e) The Mediator may retain the services of such staff assistants and consviltants as he shall deem necessary, subject to the approval of the Director of the Federal Mediation and Conciliation Service. Negotiating gj,^^ 2. (a) Within thirty days after enactment of this Act, the Secteam. 2 5 "use 640d.i. retary shall communicate in writing with the tribal councils of the tribes directing the appointment of a negotiating team representing each tribe. Each negotiating team shall be composed of not more than five members to be certified by appropriate resolution of the respective tribal council. Each tribal council shall promptly fill any vacancies which may occur on its negotiating team. Notwithstanding any other

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Page:United States Statutes at Large Volume 88 Part 2.djvu/397

 88 STAT. ]

PUBLIC LAW 93-531-DEC. 22, 1974

1713

provision of law, each negotiating team, when appointed and certified, shall have full authority to bind its tribe with respect to any other matter concerning the joint use area within the scope of this Act. (b) In the event either or both of the tribal councils fail to select and certify a negotiating team within thirty days after the Secretary commimicates wnth the tribal council under subsection (a) of this section or to select and certify a replacement member within thirty days of the occurrence of a vacancy, the provisions of subsection (a) of section 4 shall become effective. (c) Within fifteen days after formal certification of both negotiating s eNegotiating ssion. teams to the Mediator, the Mediator shall schedule the first negotiating session at such time and place as he deems appropriate. The negotiating sessions, which shall be chaired by the Mediator, shall be held at such times and places as the Mediator deems appropriate. At such sessions, the Mediator may, if he deems it appropriate, put forward his own suggestions for procedure, the agenda, and the resolution of the issues in controversy. (d) In the event either negotiating team fails to attend two consecutive sessions or, in the opinion of the Mediator, either negotiating team fails to bargain in good faith or an impasse is reached, the provisions of subsection (a) of section 4 shall become effective. (e) In the event of a disagreement within a negotiating team the majority of the members of the team shall prevail and act on behalf of the team unless the resolution of the tribal council certifying the team specifically provides otherwise. SEC. 3. (a) If, within one hundred and eighty days after the first L"VTQ^''^!J^I'^'* session scheduled by the Mediator under subsection (c) oi section 2, full agreement is reached, such agreement shall be put in such form as the Mediator determines best expresses the intent of the tribes and shall then be submitted to the Secretary and the Attorney General of the United States for their comments as they relate to the interest of the United States in the proceedings. These comments are to be submitted to the Mediator and the negotiating teams within thirty days. The negotiating teams and the Mediator shall then consider the comments and, if agreement can still be reached on terms acceptable to the negotiating teams and the Mediator within sixty days of receipt by him of the comments, the agreement shall be put in final written form and shall be signed by the members of the negotiating teams and the Mediator. The Mediator shall then cause the agreement to be entered into the records of the supplemental proceedings in the Healing case. The provisions of the agreement shall be reviewed by the District Court, modified where necessary, and put into effect immediately thereafter. (b) If, within the one hundred and eighty day period referred to n,e^^!^*'^^ ^^^^^' in subsection (a) of this section, a partial agreement has been reached between the tribes and they wish such partial agreement to go inta effect, they shall follow the procedure set forth in said subsection (a). The partial agreement shall then be considered by the Mediator in preparing his report, and the District Court in making a final adjudication, pursuant to section 4. (c) For the purpose of this section, the negotiating teams may make any provision in the agreement or partial agreement not inconsistent with existing law. No such agreement or any provision in it shall result in a taking by the United States of private property compensable under the Fifth Amendment of the Constitution of the United States, j ^^^ P'"^'^- ""^ SEC. 4. (a) If the negotiating teams fail to reach full agreement *25 USC 640d-3. within the time period allowed in subsection (a) of section 3 or if one or both of the tribes are in default under the provisions of subsections (b) or (d) of section 2, the Mediator, within ninety days thereafter, shall prepare and submit to the District Court a report containing his ^^P°^^ to ois1

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Page:United States Statutes at Large Volume 88 Part 2.djvu/398

 1714

rewe'w'and^r°ec-*' ommendations.

Hearing.

guid"ws"' 25 USC 640d-4.

Restoration

Repo^t^- ^^^^ ^ 25 USC 640d-5. o= T,o^ ^^^j c

PUBLIC LAW 93-531-DEC. 22, 1974

[88 STAT.

recommendations for the settlement of the interests and rights set out in subsection (a) of section 1 which shall be most reasonable and equitable in light of the law and circumstances and consistent with the provisions of thls Act. Followlug the District Court's review of the Tcport aud recommendatious (which are not binding thereon) and any further proceedings which the District Court may schedule, the District Court is authorized to make a final adjudication, including partition of the joint use area, and enter the judgments in the supplemental proceedings in the Healing case. (b) Any procccdiugs as authorized in subsection (a) hereof shall be assigned for hearing at the earliest possible date, shall take precedence over all other matters pending on the docket of the District Court at that time, and shall be expedited in every way by the Court. SEC. 5. (a) For the purpose of facilitating an agreement pursuant to section o or preparing a report pursuant to section 4, the Mediator is authorized—(1) notwithstanding the provisions of section 2 of the Act of May 25, 1918 (40 Stat. 570), to recommend that, subject to the consent of the Secretary, there be purchased or otherwise acquired additional lands for the benefit of either tribe from the funds of either tribe or funds under any other authority of law; (2) to recommend that, subject to the consent of the Secretary, there bc undertaken a program of restoration of lands lying within the joint use area, employing for such purpose funds authorized by this Act, funds of either tribe, or funds under any other authority of law; (8) to recommend that, subject to the consent of the Secretary, there be undertaken a program for relocation of members of one tribe from lands which may be partitioned to the other tribe in the joint use area; (4) to recommend, in exceptional cases where necessary to prcNent personal hardship, a limited tenure for residential use, not exceeding a life estate, and a phased relocation of members of one tribe from lands which may be partitioned to the other tribe in the joint use area; and (5) to make any other recommendations as are in conformity with this Act and the Healing case to facilitate a settlement. (b) The authorizations contained in subsection (a) of this section shall be discretionary and shall not be construed to represent any directive of the Congress. SEC. 6. The Mediator in i^reparing his report, and the District QQ^J.^ jj^ making the final adjudication, pursuant to section 4, shall consider and be guided by the decision of the Healing case, under which the tribes have joint, undivided, and equal interests in and to all of the joint use area; by any partial agreement reached by the parties under subsection (b) of section 3; by the last best offer for a complete settlement as a part of the negotiating process by each of the tribes; and by the following: (a) The rights and interests, as defined in the Healing case, of the Hopi Tribe in and to that portion of the reservation established by the Executive order of December 16, 1882, which is known as land management district no. 6 (hereinafter referred to as the "Hopi Reservation") shall not be reduced or limited in any manner. (b) The boundary lines resulting from any partitioning of lands in the joint use area shall be established so as to include the higher density population areas of each tribe within the portion of the lands partitioned to such tribe to minimize and avoid undue social, economic, and cultural disruption insofar as practicable.

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 88 STAT. ]

PUBLIC LAW 93-531-DEC. 22, 1974

1715

(c) In any division of the surface rights to the joint use area, reasonable provision shall be made for the use of and right of access to identified religious shrines for the members of each tribe on the reservation of the other tribe where such use and access are for religious purposes. (d) In any partition of the surface rights to the joint use area, the lands shall, insofar as is practicable, be equal in acreage and quality: Provided, That if such partition results in a lesser amount of acreage, or value, or both to one tribe such differential shall be fully and finally compensable to such tribe by the other tribe. The value of the land for the purposes of this subsection shall be based on not less than its value with improvements and its grazing capacity fully restored: Provided further, That, in the determination of compensation for any such differential, the Federal Government shall pay any difference between the value of the particular land involved in its existing state and the value of such land in a fully restored state which results from damage to the land which the District Court finds attributable to a failure of the Federal Government to provide protection where such protection is or was required by law or by the demands of the trust relationship. (e) Any lands partitioned to each tribe in the joint use area shall, vvhere feasible and consistent with the other provisions of this section, be contiguous to the reservation of each such tribe. (f) Any boundary line between lands partitioned to the two tribes in the joint use area shall, insofar as is practicable, follow terrain which will facilitate fencing or avoid the need for fencing. (g) Any claim the Hopi Tribe may have against the Navajo Tribe for an accounting of all sums collected by the Navajo Tribe since September 17, 1957, as trader license fees or commissions, lease rental or proceeds, or other similar charges for doing business or for damages in the use of lands within the joint use area, shall be for a one-half share in such sums. (h) Any claim the Hopi Tribe may have against the Navajo Tribe for the determination and recovery of the fair value of the grazing and agricultural use of the lands within the joint use area by the Navajo Tribe and its individual members, since September 28, 1962, shall be for one-half of such value. SEC. 7. Partition of the surface of the lands of the joint use area Joint ownership shall not affect the joint ownership status of the coal, oil, gas, and all °^2's'us'c^640d-6 other minerals within or underlying such lands. All such coal, oil, gas, and other minerals within or underlying such lands shall be managed jointly by the two tribes, subject to supervision and approval by the Secretary as otherwise required by law, and the proceeds therefrom shall be divided between the tribes, share and share alike. SEC. 8. (a) Either tribe, acting through the chairman of its tribal 25 USC 640d.7, council for and on behalf of the tribe, is each hereby authorized to commence or defend in the District Court an action against the other tribe and any other tribe of Indians claiming any interest in or to the area described in the Act of June 14, 1934, except the reservation established by the Executive Order of December 16, 1882, for the purpose of determining the rights and interests of the tribes in and to such lands and quieting title thereto in the tribes. (b) Lands, if any, in which the Navajo Tribe or Navajo individuals are determined by the District Court to have the exclusive interest shall continue to be a part of the Navajo Reservation. Lands, if any, in which the Hopi Tribe, including any Hopi village or clan thereof, or Hopi individuals are determined by the District Court to have the exclusive interest shall thereafter be a reservation for the Hopi Tribe. Any lands in which the Navajo and Hopi Tribes or Navajo or Hopi individuals are determined to have a joint oi' undivided interest

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 1716

Paiute Indians, allotment. 25 USC 640d-8.

25 USC 640d-9.

25 USC 640d-10.

Navajo and Hopi Indian Relocation Commission. Establishment. 25 USC 6 4 0 d - l l,

PUBLIC LAW 93-531-DEC. 22, 1974

[88 STAT.

shall be partitioned by the District Court on the basis of fairness and equity and the area so partitioned shall be retained in the Navajo Reservation or added to the Hopi Reservation, respectively. (c) The Navajo and Hopi Tribes are hereby authorized to exchange lands which are part of their respective reservations. (d) Nothing in this section shall be deemed to be a Congressional determination of the merits of the conflicting claims to the lands that are subject to adjudication pursuant to this section, or to affect the liability of the United States, if any, under litigation now pending before the Indian Claims Commission. (e) The Secretary of the Interior is authorized to pay any or all appropriate legal fees, court costs, and other related expenses arising out of, or in connection with, the commencing of, or defending against, any action brought by the Navajo or Hopi Tribe under this section. SEC. 9. Notwithstanding any other provision of this Act, the Secretary is authorized to allot in severalty to individual Paiute Indians, not now members of the Navajo Tribe, who are located within the area described in the Act of June 14, 1934 (48 Stat. 960), and who were located within such area, or are direct descendants of Paiute Indians who were located within such area, on the date of such Act, land in quantities as specified in section 1 of the Act of February 8, 1887 (24 Stat. 388), as amended (25 U.S.C. 331), and patents shall be issued to them for such lands having the legal effect and declaring that the United States holds such land in trust for the sole use and benefit of each allottee and, following his death, of his heirs according to the laws of the State of Arizona. SEC. 10. (a) Subject to the provisions of section 9 and subsection (a) of section 17, any lands partitioned to the Navajo Tribe pursuant to section 3 or 4 and the lands described in the Act of June 14, 1934 (48 Stat. 960), except the lands as described in section 8, shall be held in trust by the United States exclusively for the Navajo Tribe and as a part of the Navajo Reservation. (b) Subject to the provisions of section 9 and subsection (a) of section 17, any lands partitioned to the Hopi Tribe pursuant to section 3 or 4 and the lands as described in section 8 shall be held in trust by the United States exclusively for the Hopi Tribe and as a part of the Hopi Reservation. SEC. 11. (a) The Secretary is authorized and directed to transfer not to exceed 250,000 acres of lands under the jurisdiction of the Bureau of Land Management within the States of Arizona or New Mexico to the Navajo Tribe: Providedy That the Navajo Tribe shall pay to the United States the fair market value for such lands as may be determined by the Secretary. Such lands shall, if possible, be contiguous or adjacent to the existing Navajo Reservation. Title to such lands which are contiguous or adjacent to the Navajo Reservation shall be taken by the United States in trust for the benefit of the Navajo Tribe. (b) Any private lands the Navajo Tribe acquires wdiich are contiguous or adjacent to the Navajo Reservation may be taken by the United States in trust for the benefit of the Navajo Tribe: Provided, That the land acquired pursuant to subsection (a) and this subsection shall not exceed a total of 250.000 acres. SEC. 12. (a) There is hereby established as an independent entity m the executive branch the Navajo and Hopi Indian Relocation Commission (hereinafter referred to, as the "Commission"). (b) The Commission shall be composed of three members appointed by the Secretary within sixty days of enactment of this Act. (c) The Commission shall elect a Chairman and Vice Chairman from among its members.

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 88 STAT. ]

PUBLIC LAW 93-531-DEC. 22, 1974

1717

(d) Two members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but sha/11 be filled in the same manner in which the original appointment was made. (e) Each member of the Commission who is not otherwise employed by the United States Government shall receive an amount equal to the daily rate paid a GS-18 under the General Schedule contained in 5 USC 5332 section 5332 of title 5, United States Code, for each day (including note. time in travel) or portion thereof during which such member is engaged in the actual performance of his duties as a, member of the Commission. A member of the Commission who is an officer or employee of the United States shall serve without additional compensation. All members of the Commission shall be reimbursed for travel, subsistence, and other expenses incurred by them in the performance of their duties. (f) The first meeting of the Commission shall be called by the Secretary forthwith following the date on which a majority of the members of such Commission are appointed and qualified under th^s Act, but in no event later than sixty days following such date. (g) Subject to such rules and regulations as may be adopted by the ^"i^^ ^nd Commission, the Chairman shall have the power to— "^^^^ (1) appoint and fix the compensation of an Executive Director, and such additional staff personnel as he deems necessary, without mgard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, but at rates not in excess of the maximum rate for GS-18 of the General Schedule under section 5332 of such title; and (2) procure temporary and intermittent services to the same extent as is authorized by section 3109 of title 5, United States Code, but at rates not to exceed $150 a day for individuals. (h) The Department of the Interior shall furnish, on a nonreimbursable basis, necessary administrative and housekeeping services for the Commission. (i) The Commission shall cease to exist when the President determines that its functions have been fully discharged. SEC. 13. (a) Within the twenty-four month period following the 25 USC 640d.i2, date of issuance of an order of the District Court pursuant to section 3 or 4, the Commission shall prepare and submit to the Congress a co^^resV° report concerning the relocation of households and members thereof °"^''^^^* of each tribe, and their personal property, including livestock, from lands partitioned to the other tribe pursuant to sections 8 and 3 or 4. (b) Such report shall contain, among other matters, the following: (1) the,names of all members of the Navajo Tribe who reside within the areas partitioned to the Hopi Tribe and the names of all members of the Hopi Tribe who reside within the areas partitioned to the Navajo Tribe; and (2) the fair market value of the habitations and improvements owned by the heads of households identified by the Commission as being among the persons named in clause (1) of this subsection. (c) Such report shall include a detailed plan providing for the relocation of the households and their menibers identified pursuant to clause (1) of subsection (b) of this section. Such plan (hereinafter referred to as the "relocation plan") shall— (1) be developed to the maximum extent feasible in consultation with the persons involved in such relocation and appropriate representatives of their tribal councils; 38-194 O - 76 -26 Pt. 2

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Page:United States Statutes at Large Volume 88 Part 2.djvu/402

 1718

Voluntary relocations.

25 USC 640d-i3.

PUBLIC LAW 93-531-DEC. 22, 1974

[88 STAT.

(2) take into account the adverse social, economic, cultural, and other impacts of relocation on persons involved in such relocation and be developed to avoid or minimize, to the extent possible, such impacts; (3) identify the sites to which such households shall be relocated, including the distance involved; (4) assure that housing and related community facilities and services, such as water, sewers, roads, schools, and health facilities, for such households shall be available at their relocation sites; and (5) take effect thirty days after the date of submission to the Congress pursuant to subsection (a) of this section: Provided, however, That the Commission is authorized and directed to progecd with voluntary relocations as promptly as practicable follow•

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mg its hrst meeting. SEC. 14. (a) Consistent with section 8 and the order of the District Court issued pursuant to section 3 or 4, the Commission is authorized and directed to relocate pursuant to section 8 and such order all households and members thereof and their personal property,^ including livestock, from any lands partitioned to the tribe of which they are not members. The relocation shall take place in accordance with the relocation plan and shall be completed by the end of five years from the date on which the relocation plan takes effect. No further settlement of Navajo individuals on the lands partitioned to the Hopi Tribe pursuant to this Act or on the Hopi Reservation shall be permitted unless advance written approval of the Hopi Tribe is obtained. No further settlement of Hopi individuals on the lands partitioned to the Navajo Tribe pursuant to this Act or on the Navajo Reservation shall be permitted unless advance Avritten approval of the Navajo Tribe is obtained. No individual shall hereafter be allowed to increase the number of livestock he grazes on any area partitioned pursuant to this Act to the tribe of which he is not a member, nor shall he I'etain any grazing rights in any such area subsequent to his relocation therefrom. Assistance pay(j^) jj^ addition to the payments made pursuant to section 15, the ments. Commission shall make payments to heads of households identified in the report prepared pursuant to section 13 upon the date of relocation of such households, as determined by the Commission, in accordance with the following schedule: (1) the sum of $5,000 to each head of a household who, prior to the expiration of one year after the effective date of the relocation plan, contracts with the Commission to relocate; (2) the sum of $4,000 to each head of a household who is not eligible for the payment provided for in clause (1) of this subsection but who, prior to the expiration of two years after the effective date of the relocation plan, contracts with the Commission to relocate; (3) the sum of $3,000 to each head of a household who is not eligible for the payments provided for in clause (1) or (2) of this subsection but who, prior to the expiration of three years after the effective date of the relocation plan, contracts with the Commission to relocate; and (4) the sum of $2,000 to each head of a household who is not eligible for the payments provided for in clause (1), (2), or (3) of this subsection but who, prior to the expiration of four years after the effective date of the relocation plan, contracts with the Commission to relocate. (c) No payment shall be made pursuant to this section to or for any person who, after May 29, 1974, moved into an area partitioned pur-

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1719

suant to section 8 or section 3 or 4 to a tribe of which he is not a member. SEC. 15. (a) The Commission shall purchase from the head of each j^^^g?^^''^"^"' household whose household is required to relocate under the terms of °2"5'ulc 640d-i4. this Act the habitation and other improvements owned by him on the area from which he is required to move. The purchase price shall be ^^^ market the fair market value of such habitation and improvements as determined under clause (2) of subsection (b) of section 13. (b) In addition to the payments made pursuant to subsection (a) of this section, the Commission shall: (1) reimburse each head of a household whose household is required to relocate pursuant to this Act for the actual reasonable moving expenses of the household as if the household members were displaced persons under section 202 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (84 Stat. 1894); . . ^^ "^^ '*"^(2) pay to each head of a household whose household is required to relocate pursuant to this Act an amount which, when added to the fair market value of the habitation and improvements purchased under subsection (a) of this section, equals the reasonable cost of a decent, safe, and sanitary replacement dwelling adequate to accommodate such household: Provided., That the Additional payadditional payment authorized by this paragraph (2) shall not "^" * exceed $17,000 for a household of three or less and not more than $25,000 for a household of four or more, except that the Commission may, after consultation with the Secretary of Housing and Urban Development, annually increase or decrease such limitations to reflect changes in housing development and construction costs, other than costs of land, during the preceding year: Provided further., That the additional payment authorized by this subsection shall be made only to a head of a household required to relocate pursuant to this Act who purchases and occupies such replacement dwelling not later than the end of the two-year period beginning on the date on which he receives from the Commission final payment for the habitation and improvements purchased under subsection (a) of this section, or on the date on which such household moves from such habitation, whichever is the later date. The payments made pursuant to this paragraph (2) shall be used only for the purpose of obtaining decent, safe, and sanitary replacement dwellings adequate to accommodate the households relocated pursuant to this Act. (c) I n implementing subsection (b) of this section, the Commission shall establish standards consistent with those established in the implementation of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (84 Stat. 1894). No payment \^ use 46oi n shall be made pursuant to this section to or for any person who, later "o t e. than one year prior to the date of enactment of this Act, moved into an area partitioned pursuant to section 8 or section 3 or 4 to a tribe of which he is not a member. (d) The Commission shall be responsible for the provision of housing for each household eligible for payments under this section in one of the following manners: (1) Should any head of household apply for and become a participant or homebuyer in a mutual help housing or other homeownership opportunity project undertaken under the United States Housing Act of 1937 (50 Stat. 888), as amended (42 U.S.C. 1401), or in any other federally assisted housing program now or hereafter established, the amounts payable with respect to such household under paragraph (2) of subsection (b) of this section

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[88 STAT.

and under subsection (a) of this section shall be paid to the local housing agency or sponsor involved as a voluntary equity payment and shall be credited against the outstanding indebtedness or purchase price of the household's home in the project in a manner which will accelerate to the maximum extent possible the achievement by that household of debt free homeownership. (2) Should any head of household wish to purchase or have constructed a dwelling which the Commission determines is decent, safe, sanitary, and adequate to accommodate the household, the amounts payable with respect to such household under paragraph (2) of subsection (b) of this section and under subsection (a) of this section shall be paid to such head of household in connection with such purchase or construction in a manner which the Commission determines will assure the use of the funds for such purpose. (3) Should any head of household not make timely arrangements for relocation housing, or should any head of household elect and enter into an agreement to have the Commission construct or acquire a home for the household, the Commission may use the amounts payable with respect to such household under paragraph (2) of subsection (b) of this section and under subsection (a) of this section for the construction or acquisition (including enlargement or rehabilitation if necessary) of a home and related facilities for such household: Provided, That, the Commission may combine the funds for any number of such households into one or more accounts from which the costs of such construction or acquisition may be paid on a project basis and the funds in such account or accounts shall remain available until expended: Provided further, That the title to each home constructed or acquired by the Commission pursuant to this paragraph shall be vested in the head of the household for which it was constructed or acquired upon occupancy by such household, but this shall not preclude such home being located on land held in trust by the United States. (e) The Commission is authorized to dispose of dwellings and other improvements acquired or constructed pursuant to this Act in such manner, including resale of such dwellings and improvements to members of the tribe exercising jurisdiction over the area at prices no higher than the acquisition or construction costs, as best eifects section 8 and the order of the District Court pursuant to section 3 or 4. 25 USC 640d-i5. SEC. 16. (a) The Navajo Tribe shall pay to the Hopi Tribe the fair rental value as determined by the Secretary for all use by Navajo individuals of any lands partitioned to the Hopi Tribe pursuant to sections 8 and 3 or 4 subsequent to the date of the partition thereof. (b) The Hopi Tribe shall pay to the Navajo Tribe the fair rental value as determined by the Secretary for all use by Hopi individuals of any lands partitioned to the Navajo Tribe pursuant to sections 8 and 3 or 4 subsequent to the date of the partition thereof. 25 USC 640d.i6. gj,Q x7_ ^^L) Nothing in this Act shall affect the title, possession, and enjoyment of lands heretofore allotted to Hopi and Navajo individuals for which patents have been issued. Such Hopi individuals living on the Navajo Reservation shall be subject to the jurisdiction of the Navajo Tribe and such Navajo individuals living on the Hopi Reservation shall be subject to the jurisdiction of the Hopi Tribe. (b) Nothing in this Act shall require the relocation from any area partitioned pursuant to this Act of the household of any Navajo or Hopi individual who is employed by the Federal Government within such area or to prevent such employees or their households from residing in such areas in the future: Provided, That any such Federal

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employee who would, except for the provisions of this subsection, be relocated under the terms of this Act may elect to be so relocated. SEC. 18. (a) Either tribe, acting through the chairman of its tribal council, for and on behalf of the tribe, including all villages, clans, and individual members thereof, is hereby authorized to commence or defend in the District Court an action or actions against the other tribe for the following purposes if such action or actions are not settled pursuant to section 3 or 4: (1) for an accounting of all sums collected by either tribe since the 17th day of September 1957 as trader license fees or commissions, lease proceeds, or other similar charges for the doing of business or the use of lands within the joint use area, and judgment for one-half of all sums so collected, and not paid to the other tribe, together with interest at the rate of 6 per centum per annum compounded annually; (2) for the determination and recovery of the fair value of the grazing and agricultural use by either tribe and its individual members since the 28th day of September 1962 of the undivided one-half interest of the other tribe in the lands within the joint use area, together with interest at the rate of 6 per centum per annum compounded annually, notwithstanding the fact that the tribes are tenants in common of such lands; and (3) for the adjudication of any claims that either tribe may have against the other for damages to the lands to which title was quieted as aforesaid by the United States District Court for the District of Arizona in such tribes, share and share alike, subject to the trust title of the United States, without interest, notwithstanding the fact that such tribes are tenants in common of such lands: Provided., That the United States may be joined as a party to such an action and, in such case, the provisions of sections 1346(a)(2) and 1505 of title 28, United States Code, shall not be applicable to such action. (b) Neither laches nor the statute of limitations shall constitute a defense to any action authorized by this Act for existing claims if commenced within two years from the effective date of this Act or one hundred and eighty days from the date of issuance of an order of the District Court pursuant to section 3 or 4, whichever is later. (c) Either tribe may institute such further original, ancillary, or supplementary actions against the other tribe as may be necessary or desirable to insure the quiet and peaceful enjoyment of the reservation lands of the tribes by the tribes and the members thereof, and to fully accomplish all objects and purposes of this Act. Such actions may be commenced in the District Court by either tribe against the other, acting through the chairman of its tribal council, for and on behalf of the tribe, including all villages, clans, and individual members thereof. (d) Except as provided in clause (3) of subsection (a) of this section, the United States shall not be an indispensable party to any action or actions commenced pursuant to this section. Any judgment or judgments by the District Court in such action or actions shall not be regarded as a claim or claims against the United States. (e) All applicable provisional and final remedies and special proceedings provided for by the Federal Rules of Civil Procedure and all other remedies and processes available for the enforcement and collection of judgments in the district courts of the United States may be used in the enforcement and collection of judgments obtained pursuant to the provisions of this Act. SEC. 19. (a) Notwithstanding any provision of this Act, or any order of the District Court pursuant to section 3 or 4, the Secretary is authorized and directed to immediately commence reduction of the

1721

25 USC 640d-];7.

25 USC 640d-18.

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 1722

25 USC 640d.l9.

25 USC 640d.20.

25 USC 640d-21.

25 USC 640d.22. 25 USC 640d-23.

25 USC 640d-24,

PUBLIC LAW 93-531-DEC. 22, 1974

[88 STAT.

numbers of all the livestock now being grazed upon the lands within the joint use area and complete such reductions to carrying capacity of such lands, as determined by the usual range capacity standards as established by the Secretary after the date of enactment of this Act. The Secretary is directed to institute such conservation practices and methods within such area as are necessary to restore the grazing potential of such area to the maximum extent feasible. (b) The Secretary, upon the date of issuance of an order of the District Court pursuant to sections 8 and 3 or 4, shall provide for the survey location of monuments, and fencing of boundaries of any lands partitioned pursuant to sections 8 and 3 or 4. SEC. 20. The members of the Hopi Tribe shall have perpetual use of Cliff Spring as shown on U S G S Ti/^ minute Quad named Toh Ne Zhonnie Spring, Arizona, Navajo County, dated 1968; and located 1,250 feet west and 200 feet south of the intersection of 36 degrees, 17 minutes, 30 seconds north latitude and 110 degrees, 9 minutes west longitude, as a shrine for religious ceremonial purposes, together with the right to gather branches of fir trees growing within a 2-mile radius of said spring for use in such religious ceremonies, and the further right of ingress, egress, and regress between the Hopi Reservation and said spring. The Hopi Tribe is hereby authorized to fence said spring upon the boundary line as follows: Beginning at a point on the 36 degrees, 17 minutes, 30 seconds north latitude 500 feet west of its intersection with 110 degrees, 9 minutes west longitude, the point of beginning; thence north 46 degrees west, 500 feet to a point on the rim top at elevation 6,900 feet; thence southwesterly 1,200 feet (in a straight line) following the 6,900 feet contour; thence south 46 degrees east, 600 feet; thence north 38 degrees east, 1,300 feet to the point of beginning, 23.8 acres more or less: Provided, That, if and when such spring is fenced, the Hopi Tribe shall pipe the water therefrom to the edge of the boundary as hereinabove described for the use of residents of the area. The natural stand of fir trees within such 2-mile radius shall be conserved for such religious purposes. SEC. 21. Notwithstanding anything contained in this Act to the contrary, the Secretary shall make reasonable provision for the use of and right of access to identified religious shrines for the members of each tribe on the reservation of the other tribe where such use and access are for religious purposes. SEC. 22. The availability of financial assistance or funds paid pursuant to this Act may not be considered as income or resources or otherwise utilized as the basis (1) for denying a household or member thereof participation in any federally assisted housing program or (2) for denying or reducing the financial assistance or other benefits to which such household or member would otherwise be entitled to under the Social Security Act or any other Federal or federally assisted program. None of the funds provided under this Act shall be subject to Federal or State income taxes. SEC. 23. The Navajo and Hopi Tribes are hereby authorized to exchange lands which are part of their respective reservations. SEC. 24. If any provision of this Act, or the application of any provision to any person, entity or circumstance, is held invalid, the remainder of this Act shall not be affected thereby. SEC. 25. (a)(1) For the purpose of carrying out the provisions of section 15, there is hereby authorized to be appropriated not to exceed $31,500,000.

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PUBLIC LAW 93-532-DEC. 22, 1974

(2) For the purpose of carrying out the provisions of subsection (a) of section 19, there is hereby authorized to be appropriated not to exceed $10,000,000. (3) For the purpose of carrying out the provisions of subsection (b) of section 19, there is hereby authorized to be appropriated not to exceed $500,000. (4) For the purpose of carrying out the provisions of subsection (b) of section 14, there is hereby authorized to be appropriated not to exceed $5,500,000. (5) There is hereby authorized to be appropriated annually not to exceed $500,000 for the expenses of the Commission. (6) There is hereby authorized to be appropriated not to exceed $500,000 for the services and expenses of the Mediator and the assistants and consultants retained by him: Provided, That, any contrary provision of law notwithstanding, until such time as funds are appropriated and made available pursuant to this authorization, the Director of the Federal Mediation and Conciliation Service is authorized to provide for the services and expenses of the Mediator from any other appropriated funds available to him and to reimburse such appropriations when funds are appropriated pursuant to this authorization, such reimbursement to be credited to appropriations currently available at the time of receipt thereof. (b) The funds appropriated pursuant to the authorizations provided in this Act shall remain available until expended. SEC. 26. Section 10 of the Act entitled "An Act to promote the rehabilitation of the Navajo and Hopi Tribes of Indians and a better utilization of the resources of the Navajo and Hopi Indian Reservations, and for other purposes", approved April 19, 1950 (64 Stat. 47; 25 U.S.C. 640) is repealed effective close of business December 31, 1974.

1723

Repeal.

Effective date.

Approved December 22, 1974. Public Law 93-532 AN ACT

December 22, 1974

Relating to former Speakers of the House of Representatives.

[H. R. 17026]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the pro- former speakers visions of H. Res. 1238, Ninety-first Congress, as enacted into perma- Represenuuves. nent law by the Supplemental Appropriations Act, 1971 (84 Stat. 1989), are hereby extended to, and made applicable with respect to, each former Speaker of the House of Representatives, as long as he determines there is need therefor, commencing at the expiration of his term of office as Representative in Congress. (b) Subsection (a) shall not apply with respect to any former SjJeaker of the House of Representatives for any period during which such former Speaker holds an appointive or elective office or position in or under the Federal Government or the government of the District of Columbia to which is attached a rate of pay other than a nominal rate or to any former Speaker separated from the service by reason of expulsion from the House. Approved December 22, 1974.

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PUBLIC LAW 93-533-DEC. 22, 1974

[88 STAT.

Public Law 93-533 December 22, 1974

—

semelnfnt'^pro-

AN ACT

To further the national housing goal of encouraging homeownership by regulating certain lending practices and closing and settlement procedures in federally related mortgage transactions to the end that unnecessary costs and difficulties of purchasing housing are minimized, and for other purposes.

Be it enacted by the Senate and House of Refveseiitathes United Sttttes of America in Congress assembled,

cedures Act of ^^^'*-

12 USC 2601

note.

of the

SHORT TITLE

1. This Act may be cited as the "Real Elstate Settlement Procedures Act of 1974". SECTION

F I N D I N G S AND PURPOSE

12 USC 2601.

SEC. 2. (a) The Congress finds that significant reforms in the real estate settlement process are needed to insure that consumers throughout the Nation are provided with greater and more timely information on the nature and costs of the settlement process and are protected from unnecessarily high settlement charges caused by certain abusive practices that have developed in some areas of the country. The Congress also finds that it has been over two years since the Secretary of Housing and Urban Development and the Administrator of Veterans' Affairs submitted their joint report to the Congress on "Mortgage Settlement Costs" and that the time has come for the recommendations for Federal legislative action made in that report to be implemented, (b) It is the purpose of this Act to effect certain changes in the settlement process for residential real estate that will result— (1) in more effective advance disclosure to home buyers and sellers of settlement costs; (2) in the elimination of kickbacks or referral fees that tend to increase unnecessarily the costs of certain settlement services; (3) in a reduction in the amounts home buyers are required to place in escrow accounts established to insure the payment of real estate taxes and insurance; and (4) in significant reform and modernization of local recordkeeping of land title information. DEFINITIONS

12 USC 2602.

gj.(, 3 YoY purposes of this Act— (1) the term "federally related mortgage loan" includes any loan which— (A) is secured by residential real property (including individual units of condominiums and cooperatives) designed principally for the occupancy of from one to four families; and (B)(i) is made in whole or in part by any lender the deposits or accounts of which are insured by any agency of the Federal Government, or is made in whole or in part by any lender which is regulated by any agency of the Federal Government; or (ii) is made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way, by the Secretary or any other officer or agency of the Federal Government or under or in connection with a housing or urban development

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 a un mercante di Vicenza presso Salerno, con molti intervalli e successi, composta da Giovanni Orazio Brunetto. I have not been able to find this poem and do not know how closely it accords with Dianese.

I.

Notti piacevoli, notte xi, favola 2. Analyzed by Grimm, Kinder- und Hausmärchen, 1856, iii, 289; and rather too briefly by Simrock, pp. 98-100, and Hippe, p. 153. See Benfey, Pant. i. 221, Köhler in Gonzenbach, ''Sicil. Märchen'', ii. 249, and Groome, Tobit and Jack, Folk-Lore, ix. 226 f., and Gypsy Folk-Tales., p. 3, note.

II.

Notti piacevoli, notte v, favola 1. See Benfey, Pant. ii. 532.

G. Nerucci, Sessanta novelle popolari, 1880, pp. 430-437, no. lii. A folk-tale from the neighbourhood of Pistoia. See Webster, Basque Legends, pp. 182-187, Crane, Italian Popular Tales, p. 350, and Cosquin, Contes populaires, i. 215.

Ive, Novelline popolari rovignesi, 1877, p. 19. See d’Ancona, Studj di critica, 1880, p. 354, and the summary by Crane, Italian Popular Tales, 1885, no. xxxv. pp. 131-136, from whom, as Ive’s collection has been inaccessible to me, I derive my knowledge of the story. Crane gives the title of Ive as Fiabe, etc., d’Ancona as above.

G. Bernoni, Tradizioni populari veneziane, 1875, pp. 89-96. Referred to by Crane, Italian Popular Tales, p. 350.

Laura Gonzenbach, Sicilianische Märchen, 1870, ii. 96-103. Summarized briefly by Hippe, pp. 153 f., and by Groome, Folk—Lore, ix. 239 f.

Roméro and Braga, Contos populares do Brazil, 1885, no. x. pp. 215. See Cosquin, Contes populaires, i. 215.

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program administered by the Secretary or a housing or related program administered by any other such officer or agency; or (iii) is eligible for purchase by the Federal National Mortgage Association, the Government National Mortgage Association, or the Federal Home Loan Mortgage Corporation, or from any financial institution from which it could be purchased by the Federal Home Loan Mortgage Corporation; or (iv) is made in whole or in part by any "creditor", as defined in section 103(f) of the Consumer Credit Protection Act (15 U.S.C. 1602(f)), who makes or invests in residential real estate loans aggregating more than $1,000,000 per year; (2) the term "thing of value" includes any payment, advance, funds, loan, service, or other consideration; (3) the term "settlement services" includes any service provided in connection with a real estate settlement including, but not limited to, the following: title searches, title examinations, the provision of title certificates, title insurance, services rendered by an attorney, the preparation of documents, property surveys, the rendering of credit reports or appraisals, pest and fungus inspections, services rendered by a real estate agent or broker, and the handling of the processing, and closing or settlement; (4) the term "title company" means any institution which is qualified to issue title insurance, directly or through its agents, and also refers to any duly authorized agent of a title company; (5) the term "person" includes individuals, corporations, associations, partnerships, and trusts; and (6) the term "Secretary" means the Secretary of Housing and Urban Development. UNIFORM

SETTLEMENT

STATEMENT

SEC. 4. The Secretary, in consultation with the Administrator of Veterans' Affairs, the Federal Deposit Insurance Corporation, and the Federal Home Loan Bank Board, shall develop and prescribe a standard form for the statement of settlement costs which shall be used (with such mininmm variations as may be necessary to reflect unavoidablfe differences in legal and administrative requirements or practices in different areas of the country) as the standard real estate settlement form in all transactions in the United States which involve federally related mortgage loans; Such form shall conspicuously and clearly itemize all charges imposed upon the borrower and all charges imposed upon the seller in connection with the settlement and shall indicate whether any title insurance premium included in such charges covers or insures the lender's interest in the property, the borrower's interest, or both. Such form shall include all, information and data required to be provided for such transactions under the Truth in Lending Act and the regulations issued thereunder by the Federal Reserve Board, and may be used in satisfaction of the disclosure requirements of that Act, and shall also include provision for execution of the waiver allowed by section 6(c).

12 USC 2603.

^^ "^c leoi

SPECIAL INFORMATION BOOKLETS

SEC. 5. (a) The Secretary shall prepare and distribute booklets to help persons borrowing money to finance the purchase of residential real estate better to understand the nature and costs of real estate settlement services. The Secretary shall distribute such booklets to all lenders which make federally related mortgage loans.

^^ ^^^ 2^°"^-

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