text:
Page:United States Statutes at Large Volume 89.djvu/1156

 89 STAT. 1096

Request for '^^'i^f' documentation and certification.

PUBLIC LAW 94-190~DEC. 31, 1975 (1)(a) the agency would reprocure the supplies or services in the event that the contract was terminated for the convenience of the Government; and (b) the cost of terminating the contract for the convenience of the Government plus the cost of reprocurement would exceed the amount of the contract as modified; and (2) Any such modification shall be made in compliance with cost comparison and compensation guidelines to be issued by the Administrator of the Office of Federal Procurement Policy. Such cost comparison and compensation guidelines shall be promulgated by the Administrator not later than 10 days after enactment of this Act. (c) If a small business concern in performance of a fixed-price Government contract experiences or has experienced shortages of energy, petroleum products, Or products or components manufactured or derived therefrom or impacted thereby, and such shortages result in a delay in the performance of a contract, the head of the agency, or his designee, shall provide by modification to the contract for an appropriate extension of the contract delivery date or period of performance. (d) A small business concern requesting relief under subsection (a) shall support that request with the following documentation and certification: (1) a brief description of the contract, indicating the date of execution and of any amendment thereto, the items being procured, the price and delivery schedule, and any revision thereof, and any other special contractual provision as may be relevant to the request; (2) a history of performance indicating when work under the contract or commitment was begun, the progress made as of the date of the application, an exact statement of the contractor's remaining obligations, and the contractor's expectations regarding completion thereof; (3) a statement of the factors which have caused the loss under the contract; (4) a statement as to the course of events anticipated if the request is denied; (5) a statement of payments received, payments due and payments yet to be received or to become due, including advance and progress payments, and amounts withheld by the Government, and information as to other obligations of the Government, if any, which are yet to be performed under the contract; (6) a statement and evidence of the contractor's original breakdown of estimated costs, including contingency allowances and profit; (T) a statement and evidence of the contractor's present estimate of total costs under the contract if enabled to complete, broken down between costs accrued to date of request, and runout costs, and as between costs for which the contractor has made payment and those for which he is indebted at the time of the request; (8) a statement and evidence of the contractor's estimate of the final price of the contract, giving effect to all escalation, changes, extras, and other comparable factors known or contemplated by the contractor;

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Page:United States Statutes at Large Volume 89.djvu/1157

 PUBLIC LAW 94-190—DEC. 31, 1975

89 STAT. 1097

(9) a statement of any claims known or contemplated by the contractor against the Government involving the contract in question, other than those referred to under (8) above; (10) an estimate of the contractor's total profit or loss under the contract if required to complete at the original contract price; (11) an estimate of the total profits from other Government business, and all other sources, during the period from the date of the first contract involved to the latest estimated date of completion of any other contracts involved; (12) balance sheets, certified by a certified public accountant, as of the end of the contractor's fiscal year first preceding the date of the first contract, as of the end of each subsequent fiscal year, and as of the date of the request together with income statements for annual periods subsequent to the date of the first balance sheet; and (13) a list of all salaries, bonuses, and all other forms of compensation of the principal officers or partners and of all dividends and other withdrawals, and all payments to stockholder's in any form since the date of the first contract involved. DEUEGATION

SEC. 5. The head of each executive agency shall delegate authority 41 USC 252 note, conferred by this Act, to the extent practicable, to an appropriate level that will permit the expeditious processing of applications under this Act and to insure the uniformity of its application. LIMITATIONS

SEC. 6. (a) The authority prescribed in section 4(a) shall apply only 41 USC 252 note, to contracts which have not been completely performed or otherwise terminated and which were entered into during the period from August 15, 1971, through October 31, 1974. (b) The authority conferred by section 4(a) of this Act shall termi- Termination date, nate September 30, 1976. Approved December 31, 1975.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-154 (Comm. on Small Business) and No. 94-724 (Comm. of Conference). SENATE REPORT No. 94-378 accompanying S. 1259 (Comm. on Government Operations). CONGRESSIONAL RECORD, Vol. 121 (1975): Apr. 22, considered and passed House. Oct. 29, S. 1259, considered in Senate. Oct. 30, considered and passed Senate, amended, in lieu of S. 1259. Dec. 15, House agreed to conference report. Dec. 17, Senate agreed to conference report.

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


text:
Page:United States Statutes at Large Volume 89.djvu/1158

 89 STAT. 1098

PUBLIC LAW 94-191—DEC. 31, 1975

Public Law 94-191 94th Congress An Act Dec. 31, 1975 [H.R. 4287]

D.C. Court of Appeals additional law clerks. D.C. Code 11-701 et seq. D.C. Code 11-708.

Personnel, compensation.

5 USC 5332 note.

To provide for additional law clerks for the judges of the District of Columbia Court of Appeals.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter 7 of title 11, District of Columbia Code, is amended as follows: Section 11-708 is amended to read: "§ 11-708. Clerks and secretaries for judges "Each judge may appoint and remove a personal secretary. The chief judge may appoint and remove three personal law clerks, and each associate judge may appoint and remove two personal law clerks. In addition, the chief judge may appoint and remove not more than three law clerks for the court. The law clerks appointed for the court shall serve as directed by the chief judge.". SEC. 2. That the District of Columbia Law Revision Commission Act, approved August 21, 1974, is amended as follows: Section 2(i) of such Act (D.C. Code, sec. 49-401 (i)), is amended to read as follows: "The Commission may appoint and fix the compensation of such personnel as it deems advisable. Such personnel shall be appointed without regard to the provisions of title 5 of the United States Code, governing appointments in the competitive service. The Commission may appoint a Director. Such appointment shall be made without regard to the provisions of title 5 of the United States Code, governing appointments in the competitive service. The Director shall serve at the pleasure of the Commission and shall be entitled to receive compensation at the maximum rate as may be established from time to time for grade 16 of the General Schedule in section 5332 of title 5 of the United States Code. The Commission may also appoint a General Counsel without regard to the provisions of title 5 of the United States Code governing appointments in the competitive service, to serve at the pleasure of the Commission. The General Counsel shall be entitled to receive compensation at the same rate as the Director and shall be responsible solely to the Commission. "Persons appointed to the staff of the Commission shall be appointed solely on the basis of their ability to perform the duties of the Commission without regard to political party affiliation. Employees of the Commission shall be regarded as employees of the District of Columbia Government.". Approved December 31, 1975.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-596 (Comm. on the District of Columbia). SENATE REPORT No. 94-523 (Comm. on the District of Columbia). CONGRESSIONAL RECORD, Vol. 121 (1975): Nov. 10, considered and passed House. Dec. 12, considered and passed Senate, amended. Dec. 19, House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 89.djvu/1159

 PUBLIC LAW 94-192—DEC. 31, 1975

89 STAT. 1099

Public Law 94- •192 94th Congress An Act To amend certain provisions of the Communications Act of 1934 to provide longterm financing for the Corporation for Public Broadcasting, and for other purposes.

Be it eTmcted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Public Broadcasting Financing Act of 1975". SEC. 2. Subsection 396(k) of the Communications Act of 1934 is amended by inserting after paragraph (2), the following paragraphs: "(3) There is hereby established in the Treasury a fund which shall be kQown as the 'Public Broadcasting Fund' administered by the Secretary of the Treasury. There are authorized to be appropriated to such fund for each of the fiscal years during the period beginning July 1, 1975, and ending September 30, 1980, an amount equal to 40 per centum of the total amount of non-Federal financial support received by public broadcasting entities during the fiscal year second preceding each such fiscal year, and for the period July 1, 1976, through September 30, 1976, an amount equal to 10 per centum of the total amount of non-Federal financial support received by public broadcasting entities during the fiscal year ending June 30, 1975; except that the amount so appropriated shall not exceed $88,000,000 for the fiscal year ending June 30, 1976; $22,000,000 for the period July 1, 1976, through September 30, 1976; $103,000,000 for the fiscal year ending September 30, 1977; $121,000,000 for the fiscal year ending September 30, 1978; $140,000,000 for the fiscal year ending September 30, 1979;, and $160,000,000 for the fiscal year ending September 30, 1980. "(4) The funds authorized by this subsection shall be used solely for the expenses of the Corporation. The Corporation shall determine the amount of non-Federal financial support received by public broadcasting entities during each of the fiscal years indicated in paragraph (3) of this subsection for the purpose of determining the amount of each authorization, and shall certify such amount to the Secretary of the Treasury. Upon receipt of such certification, the Secretary of the Treasury shall disburse to the Corporation, from such funds as may be appropriated to the Public Broadcasting Fund, the amount authorized for each of the fiscal years and for the jjeriod July 1, 1976, through September 30, 1976, pursuant to the provisions of this subsection. "(5) The Corporation shall reserve for distribution among the licensees and permittees of noncommercial educational broadcast stations that are on-the-air an amount equal to not less than 40 per centum of the funds disbursed to the Corporation from the Public Broadcasting Fund during the period July 1, 1975, through September 30, 1976, and in each fiscal year in which the amount disbursed is $88,000,000 or more, but less than $121,000,000; not less than 45 per centum in each fiscal year in which the amount disbursed is $121,000,000 or more, but less than $160,000,000; and not less than 50 per centum in each fiscal year in which the amount disbursed is $160,000,000. "(6) The Corporation shall, after consultation with licensees and permittees of noncommercial educational broadcast stations that are on-the-air, establish, and review annually, criteria and conditions

Dec. 31, 1975 [H.R. 6461]

Public Broadcasting Financing Act of 1975. 47 USC 396 note. Public Broadcasting Fund. Establishment. 47 USC 396. Appropriation authorization.

Noncommercial educational broadcast stations.

Conditions, annual review.

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Page:United States Statutes at Large Volume 89.djvu/1160

 89 STAT. 1100

Grants.

Limitation.

47 USC 396.

Testimony before congressional committees.

47 USC 397. "Non-Federal financial support."

PUBLIC LAW 94-192—DEC. 31, 1975 regarding the distribution of funds reserved pursuant to paragraph (5) of this subsection, as set forth below: "(A) The total amount of funds shall be divided into two portions, one to be distributed among radio stations, and one to be distributed among television stations. The Corporation shall make a basic grant from the portion reserved for television stations to each licensee and permittee of a noncommercial educational television station that is on-the-air. The balance of the portion reserved for television stations and the total portion reserved for radio stations shall be distributed to licensees and permittees of such stations in accordance with eligibility criteria that promote the public interest in noncommercial educational broadcasting, and on the basis of a formula designed to— " (i) provide for the financial need and requirements of stations in relation to the communities and audiences such stations undertake to serve; "(ii) maintain existing, and stimulate new, sources of nonFederal financial support for stations by providing incentives for increases in such support; and " (iii) assure that each eligible licensee and permittee of a noncommercial educational radio station receives a basic grant. "(B) No distribution of funds pursuant to this subsection shall exceed, in any fiscal year, one-half of a licensee's or permittee's total non-Federal financial support during the fiscal year second preceding the fiscal year in which such distribution is made. "(7) Funds distributed pursuant to this subsection may be used at the discretion of stations for purposes related to the provision of educational television and radio programing, including but not limited to the following: producing, acquiring, broadcasting, or otherwise disseminating educational television or radio programs; procuring national or regional program distribution services that make educational television or radio programs available for broadcast or other dissemination at times chosen by stations; acquiring, replacing, and maintaining facilities, and real property used with facilities, for the production, broadcast, or other dissemination of educational television and radio programs: developinsf and usinsf nonbroadcast communications technologies for educational television or radio programing purposes.". SEC. 3. Subsection BPfifs:) (2)(H) of the Communications Act of 1934 is amended by deletinjr the period after "broadcasting" and insertina: the f ollowinp-: "and the use of nonbroadcast communications technologies for the dissemination of educational television or radio programs.". SEC. 4. Subsection 396(i) of the Communications Act of 1934 is amended by adding at the end thereof the following sentence: "The officers and directors of the Corporation shall be available to testify before appropriate committees of the Congress with respect to such report, the report of any audit made by the Comptroller General purSTiant to subsection 396(1), or any other matter which any such committee may determine.". SEC. 5. Section 397 of the Communications Act of 1934 is amended by insertinq:, after paragraph (9), the following paragraphs: "(10) The term 'non-Federal financial support' means the total value of cash and the fair market value of property and services (except for personf<l services of volunteers) received— "(A) as gifts, grants, bequests, donations, or other contributions for the construction or operation of noncommercial educational broadcast stations, or for the production, acquisition, distribution, or dissemination of educational television or radio

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Page:United States Statutes at Large Volume 89.djvu/1161

 PUBLIC LAW 94-192—DEC. 31, 1975

89 STAT. 1101

programs, and related activities, from any source other than (i) the United States or any agency or establishment thereof, or (ii) any public broadcasting entity; or "(B) as gifts, grants, donations, contributions, or payments from any State, any agency or political subdivision of a State, or any educational institution, for the construction or operation of noncommercial educational broadcast stations or for the production, acquisition, distribution, or dissemination of educational television or radio programs, or payments in exchange for services or materials respecting the provision of educational or instructional television or radio programs. "(11) The term 'public broadcasting entity'means the Corporation, "Public any licensee or permittee of a noncommercial educational broadcast broadcasting station, or any nonprofit institution engaged primarily in the pro- «"tity. duction, acquisition, distribution, or dissemination of educational television or radio programs.". Approved December 31, 1975.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-245 pt. I (Comm. on Interstate and Foreign Commerce), No. 94-245, pt. 2 (Comm. on Appropriations) and No. 94-713 (Comm. of Conference). SENATE REPORTS: No. 94-55 accompanying S. 893 (Comm. on Commerce) and No. 94-447 accompanying S. 2584 (Comm. on Commerce). CONGRESSIONAL RECORD, Vol. 121 (1975): Nov. 10, considered and passed House. Nov. 17, considered and passed Senate, amended, in lieu of S. 2584. Dec. 10, Senate agreed to conference report. Dec. 17, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 1: Jan. 1, Presidential statement.

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Page:United States Statutes at Large Volume 89.djvu/1162

 89 STAT. 1102

PUBLIC LAW 94-193—DEC. 31, 1975

Public Law 94-193 94th Congress An Act Dec. 31, 1975 [H.R. 10035] Judicial Conference of the District of Columbia. Establishment. D.C. Code 11-741. D.C. Code 11-744.

20 USC 881. 20 USC 821, 841, 331, 861, 1401, 880b.

To establish the Judicial Conference of the District of Columbia.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) subchapter 111 of chapter 7 of title 11 of the District of Columbia Code is amended by adding at the end thereof the following new section: "§ 11-744. Judicial conference '•The chief judge of the District of Columbia Court of Appeals shall summon annually the active associate judge^of the District of Columbia Court of Appeals and the active judges of the Superior Court of the District of Columbia to a conference at a time and place that he designates, for the purpose of advising as to means of improving the administration of justice within the District of Columbia. He shall preside at such conference which shall be known as the Judicial Conference of the District of Columbia. Every judge summoned shall attend, and, unless excused by the chief judge of the District of Columbia Courts of Appeals, shall remain throughout the conference. The District of Columbia Court of Appeals shall provide by its rules for representation of and active participation by members of the District of Columbia Bar and other persons active in the legal profession at such conference.". (b) The chapter analysis for such chapter 7 is amended by inserting immediately after the item relating to section 11-743 the following new item: "11-744. Judicial conference.". (c) The portion of section 801 of the Elementary and Secondary Education Act of 1965 which precedes subsection (a), is amended by striking out "As used in titles II, III, V, VI, and VII," and inserting in lieu thereof, "As used in titles II, III, IV, V, VI, and VII". Approved December 31, 1975.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-615 (Comm. on the District of Columbia). SENATE REPORT No. 94-524 (Comm. on the District of Columbia). CONGRESSIONAL RECORD, Vol. 121 (1975): Nov. 10, considered and passed House. Dec. 12, considered and passed Senate, amended. Dec. 19, House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 89.djvu/1163

 PUBLIC LAW 94-194—DEC. 31, 1975

89 STAT. 1103

Public Law 94-194 94th Congress An Act To amend the national reading improvement program to provide more flexibility in the types of projects which can be funded, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, STATE LEADERSHIP AND TRAINING PROJECTS

Dec. 31, 1975 [H.R. 8304] National reading improvement program.

1. (a) Section 705(a) of the Education Amendments of 1974 is amended by adding at the end thereof the following new 20 USC 1921. paragraph: "(3)(A) Notwithstanding the requirements of paragraphs (b) through (g) of this section, the Commissioner is authorized to enter into agreements pursuant to this paragraph during the fiscal year 1976 and the period beginning July 1, 1976 through September 30, 1976, with State educational agencies for the carrying out by such agencies of leadership and training activities designed to prepare personnel throughout the State to conduct projects which have been demonstrated in that State or in other States to be effective in overcoming reading deficiencies. These activities shall be limited to (i) assessments of need, including personnel needs, relating to reading problems in the State, (ii) inservice training for local reading program administrators and instructional personnel, and (iii) provision of technical assistance and dissemination of information to local educational agencies and other appropriate nonprofit agencies. "(B) Not to exceed $5,300,000 of any sums appropriated pursuant to subsection (a) of section 732 for the fiscal year 1976, and for the 20 USC 1982. period from July 1, 1976 through September 30, 1976, may be used for carrying out this paragraph.". (b)(1) Part C of such Act is amended by adding after section 723 the following new section: SECTION

u. STATE LEADERSHIP AND TRAINING PROJECTS

"SEC. 724, The Commissioner is authorized to enter into agreements 20 USC 1964. pursuant to this section with State educational agencies for the carrying out by such agencies of leadership and training activities designed to prepare personnel throughout the State to conduct projects which have been demonstrated in that State or other States to be effective in overcoming reading deficiencies. The activities authorized by this section shall be limited to— " (1) assessments of need, including personnel needs, relating to reading problems in the State, "(2) inservice training for local reading program administrators and instructional personnel, and "(3) provision of technical assistance and dissemination of information to local educational agencies and other appropriate nonprofit agencies.". (2) The amendment made by paragraph (1) of this subsection shall Effective date. 20 USC 1964 take effect on October 1, 1976. note.

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Page:United States Statutes at Large Volume 89.djvu/1164

 89 STAT. 1104 20 USC 1921. Appropriation authorization. 20 USC 1982. Ante, p. 1103.

PUBLIC LAW 94-194—DEC. 31, 1975

(3) Section 705(a)(3) of the Education Amendments of 1974 as added by subsection (a) of this section is repealed effective September 30, 1976. (c) Section 732 of such Act is amended by adding at the end thereof the following new subsection: "(e) There are authorized to be appropriated to carry out the provisions of section 724, relating to State leadership and training projects, $6,400,000 each for the fiscal year ending September 30, 1977, and for the succeeding fiscal year.". READING PROGRAM REQUIREMENTS

SEC. 2. (a) Section 705(b) of such Act is amended by striking out "Each such application shall set forth a reading program which provides for—" and by inserting in lieu thereof "Each such application shall set forth a reading program which provides for the following (except that the requirements contained in paragraphs (4) and (13) shall be met to the extent practicable)—". (b) Section 705(c) of such Act is amended by striking out ", in addition to meeting the requirements of subsection (b)", and by inserting in lieu thereof ", in addition to meeting the requirements of subsection (b), except for paragraphs (4) and (13) thereof,". (c) Section 705(c)(3) of such Act is amended by inserting "at" before the phrase "which such preelementary". (d) Section 705(e) of such Act is amended to read as follows: "(e) No agreement may be entered into under this part unless the application submitted to the Commissioner has first been approved by the State educational agency." STATE ADMINISTRATIVE COSTS

SEC. 3. Section 705 of such Act is amended by adding at the end thereof the following new subsection: "(h) From the sums appropriated for the purposes of this part for any fiscal year, the Commissioner may pay to each State educational agency, in addition to any amounts paid to such agency pursuant to subsection (a) of this section, the amount necessary to meet the costs of carrying out its responsibilities under this section, including the costs of the advisory council required to be established pursuant to subsection (d). However, such amount may not exceed 1 per centum of the total amount of grants under this part made within the State for that fiscal year." STATE ADVISORY COUNCILS

20 USC 1944.

SEC. 4. Section 714 of such Act is amended by adding at the end thereof the following new subsection: "(f) The functions of the State advisory council on reading, required to be established by subsection (a)(2) of this section, may be carried out by the State advisory council created pursuant to section 705(d)(1)." READING ACADEMIES

20 USC 1963.

SEC. 5. Section 723(a) of such Act is amended by inserting "in-school as well as out-of-school" before "youths" NATIONAL IMPACT READING PROGRAMS

SEC. 6. (a) Part C of title VII of such Act is amended by adding the following new section after section 724:

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Page:United States Statutes at Large Volume 89.djvu/1165

 PUBLIC LAW 94-194—DEC. 31, 1975

89 STAT. 1105

u NATIONAL IMPACT READING PROGRAMS

"SEC. 725. (a) The Commissioner is authorized to carry out, either directly or through grants or contracts, (1) innovation and development projects and activities of national significance which show promise of having a substantial impact in overcoming reading deficiencies in children, youths, and adults through incorporation into ongoing State and local educational systems throughout the Nation, and (2) dissemination of information related to suoh programs. "(b) Not to exceed $600,000 of any sums appropriated pursuant to subsection (a) of section 732 for the fiscal year 1976, and for the period from Julj^ 1, 1976 through September 30, 1976, may be used for carrying out this section." (b)(1) Section 725 of the Education Amendments of 1974 as added by subsection (a) of this section is amended by striking out " (a) " after the section designation and by striking out subsection (b) of such section. (2) The amendment made by paragraph (1) of this subsection shall take effect on September 30, 1976. (c) Section 732 of sueh Act is amended by adding at the end thereof the following new subsection: "(f) There are authorized to be appropriated to carry out the provisions of section 725, relating to national impact reading programs, $800,000 each for the fiscal year ending September 30, 1977 and for the succeeding fiscal year.".

20 USC 1965

20 USC 1982. 20 USC 1965 note.

Effective date, Appropriations authorization,,

20 USC 1982.

REPORTING DATE

SEC. 7. Section 731(a) of title VII of such Act is amended by strik- 20 USC 1981. ing out "Maroh 31" and inserting in lieu thereof "February 1". ACCEPTANCE OP GIFTS BY A N ADMINISTRATIVE HEAD OF A N EDUCATION AGENCY

SEC. 8. Part D of such Act is amended by adding the following new section after section 732: " A C C E P T A N C E OF GIFFS

"SEC. 733. Notwithstanding the provisions of section 408(a)(3) of the General Education Provisions Act, the Commissioner may accept on behalf of the United States, gifts or donations made with or without conditions of services, money or property (real, personal, or mixed; tangible or intangible) made for any activities authorized to be carried out by such agency under the authority of this title.".

20 USC 1983. 20 USC 1221e-3.

INEXPENSIVE BOOK DISTRIBUTION PROGRAM FOR READING MOTIVATION

SEC. 9. (a) Part C of title VII of such Act is amended by adding at the end thereof the following new section: "INEXPENSIVE

BOOK DISTRIBUTION

P R O G R A M FOR READING

MOTIVATION

"SEC. 726. (a) The Commissioner is authorized (1) to enter into 20 USC 1966. a contract with a private nonprofit group or public agency (hereinafter in this section referred to as the 'contractor'), which has as its primary purpose the motivation of children to learn to read, to support and promote the establishment of reading motivational programs

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Page:United States Statutes at Large Volume 89.djvu/1166

 89 STAT. 1106

Definitions.

20 USC 881.

Appropriation authorization. 20 USC 1982. Ante, p. 1105.

PUBLIC LAW 94-194—DEC. 31, 1975 which include the distribution of inexpensive books to students and (2) to pay the Federal share of the cost of such programs. "(b) This contract shall provide that— "(1) the contractor will enter into subcontracts with local private nonprofit groups or organizations or with public agencies (hereinafter referred to as 'subcontractors') under which the subcontractors will agree to establish, operate, and provide the non-Federal share of the cost of reading motivational programs which include the distribution of books by gift, loan, or sale at a nominal price to children in preelementary, elementary, or secondary schools; " (2) funds made available by the Commissioner to a contractor pursuant to any contract entered into under this section will be used to pay the Federal share of the cost of establishing and operating reading motivational programs as provided in paragraph (1); " (3) the contractor will meet such other conditions and standards as the Commissioner determines to be necessary to assure the effectiveness of the programs authorized by this section and will provide technical assistance in furtherance of the purposes of this section. "(c) The Commissioner shall make no payment of the Federal share of the cost of acquiring and distributing books pursuant to a contract authorized by this section unless he determines that the contractor or the subcontractor, as the case may be, has made arrangements with book publishers or distributors to obtain books at discounts at least as favorable as discounts that are customarily given by such publisher or distributor for book purchases made under similar circumstances in the absence of Federal assistance. "(d) For purposes of this section.— "(1) the term 'nonprofit', when used in connection with any organization, means an organization no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual; "(2) the term 'Federal share' means, with respect to the cost of books purchased by a local private nonprofit group, organization, or public agency for a program in a locality for distributing such books to schoolchildren in that locality, 50 per centum of the cost of that agency or group or organization for such books for such program; "(3) the term 'preelementary school' means a day or residential school which provides pre-elementary education, as determined under State law, except that such term does not include education for children who have not attained three years of age; "(4) the term 'elementary school' has the same meaning as provided in section 801(c) of the Elementary and Secondary Education Act of 1965; and "(5) the term 'secondary school' has the same meaning as provided in section 801(h) of the Elementary and Secondary Education Act of 1965." (b) Section 732 of such Act is amended by adding at the end thereof the following new subsection: "(g) There are authorized to be appropriated to carry out the provisions of section 726, relating to inexpensive book distribution programs for reading motivation, $4,000,000 for the fiscal year ending June 30, 1976, and $9,000,000 for each of the following two fiscal years.

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Page:United States Statutes at Large Volume 89.djvu/1167

 PUBLIC LAW 94-194—DEC. 31, 1975

89 STAT. 1107

Under such conditions as the Commissioner determines to be appropriate, not to exceed 10 per centum of the amounts appropriated for each nscal year shall be available for a contract from the Commissioner to the contractor designated under section 726 for technical Ante, p. 1105. assistance under subsection (b)(3) of section 726 to carry out the provisions of such section." SPECIAL E M P H A S I S PROJECTS

SEC. 10. Section 721(b)(1) of such Act is amended by inserting "and (c)" after "section 705(b)". Approved December 31, 1975.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-720 (Comm. on Education and Labor). CONGRESSIONAL RECORD, Vol 121 (1975): Dec. 15, considered and passed House. Dec. 17, considered and passed Senate, amended. Dec. 19, House concurred in Senate amendments.

20 USC 1961.

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text: Dictionary of National Biography, 1885-1900/Cumming, John


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Page:United States Statutes at Large Volume 89.djvu/1168

 89 STAT. 1108

PUBLIC LAW 94-195—DEC. 31, 1975

Public Law 94-195 94th Congress An Act Dec. 31, 1975 [H.R. 11172]

Federal Maritime Commission. Compensation.

5 USC 5312 note.

Effective date.

Judicial review.

u s e prec. title 1. Jurisdiction.

Appeal.

To insure that the compensation and other emoluments for any person flUing the vacancy on the Federal Maritime Commission caused by the resignation of Commissioner George Henry Hearn shall be those which were in effect on January 1, 1975, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the compensation and emoluments of the office of Commissioner of the Federal Maritime Commission which was vacated by the resignation of Commissioner George Henry Hearn shall be those which were in effect on January 1, 1975, notwithstanding any salary increase resulting from the Executive Salary Cost-of-Living Adjustment Act, approved August 9, 1975 (Public Law 94-82; 89 Stat. 419), or any other provision of law, or provision which has the force and effect of law, enacted or becoming effective during the period beginning at noon, January 3, 1975, and ending at noon, January 3, 1977. (b) The provisions of subsection (a) shall take effect beginning on the date of the enactment of this Act, and shall cease to be effective at noon, January 3, 1977, or on the date the person next appointed to fill the vacancy in the office referred to in subsection (a) ceases to hold office, whichever first occurs. SEC. 2. (a) Any person who has standing to seek judicial review of any action taken by the Federal Maritime Commission after the filling of the vacancy referred to in the first section of this Act, or who is a party to a proceeding pending before the Commission may bring a civil action in the United States District Court for the District of Columbia to contest the constitutionality of the appointment and continuance in office of the person filling such vacancy on the ground that such appointment and continuance in office are in violation of article I, section 6, clause 2, of the Constitution. Such court shall have exclusive jurisdiction, without regard to the sum or value of the matter in controversy, to determine the validity of such appointment and continuance in office. (b) Any action brought under this section shall be heard and determined by a panel of three judges in accordance with the provisions of section 2284 of title 28, United States Code. Any appeal from the action of a court convened pursuant to such section shall lie to the Supreme Court. (c) Any judge designated to hear any action brought under this section shall cause such action to be in every way expedited. Approved December 31, 1975.

LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 121 (1975): Dec. 16, considered and passed House. Dec. 17, considered and passed Senate.

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Page:United States Statutes at Large Volume 89.djvu/1169

 PUBLIC LAW 94-196—DEC. 31, 1975

89 STAT. 1109

Public Law 94-196 94th Congress An Act To amend title 3, United States Code, to provide for foreign diplomatic missions, to increase the size of the Executive Protective Service, and for other purposes. Be it enacted l>y the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the second sentence of section 202 of title 3, United States Code, is amended by striking out "and (7)" and inserting in lieu thereof the following: "(7) foreign diplomatic missions located in metropolitan areas (other than the District of Columbia) in the United States where there are located twenty or more such missions headed by full-time officers, except that such protection shall be provided only (A) on the basis of extraordinary protective need, (B) upon request of the affected metropolitan area, and (C) when the extraordinary protective need arises in association with a visit to or occurs at a permanent mission to an international organization of which the United States is a member or an observer mission invited to participate in the work of such organization, provided that such protection may be extended at places of temporary domicile in connection with such a visit; and (8)". (b) Section 202(8) of title 3, United States Code, as renumbered by subsection (a) of this section, is amended by striking out "other". (c) Subsection (a) of section 203 of title 3, United States Code, is amended by striking out "eight hundred and fifty" and inserting in lieu thereof "twelve hundred". (d)(1) Section 208 of title 3, United States Code, is amended by redesignating section 208 as section 209, and by inserting the following new section 208: "§208. Reimbursement of State and local governments "(a) In carrying out the functions pursuant to section 202(7), the Secretary of Treasury may utilize, with their consent, on a reimbursable basis, the services, personnel, equipment, and facilities of State and local governments, and is authorized to reimburse such State and local governments for the utilization of such services, personnel, equipment, and facilities. The authority of this subsection may be transferred by the President to the Secretary of State. "(b) There is authorized to be appropriated not more than $3,500,000 under this section for the purposes of reimbursement for any fiscal year, to remain available for expenditure as provided in appropriation Acts."

Dec. 31, 1975 [H.R. 11184]

Executive Protective Service. Foreign diplomatic missions.

Appropriation authorization.

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Page:United States Statutes at Large Volume 89.djvu/1170

 89 STAT. 1110

PUBLIC LAW 94-196—DEC. 31, 1975

(2) The table of sections for chapter 3 of title 3 of the United States Code is amended by striking out "208. Appropriations to carry out provisions." and inserting in lieu thereof the following: "208. Reimbursement of State and local governments. "209. Appropriation to carry out provisions.". Effective date. (e) The amendments made by subsections (a), (b), and (d) of this 3 USC 202 note, section shall take effect as of July 1, 1974. Approved December 31, 1975.

LEGISLATIVE HISTORY: SENATE REPORT No. 94-573 accompanying S. 2796 (Comm. on Public Works). CONGRESSIONAL RECORD, Vol. 121 (1975): Dec. 17, considered and passed House. Dec. 18, considered and passed Senate, in lieu of S. 2796.

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Page:A book of the Pyrenees.djvu/162

128 judgment of their court to Viscount of Béarn or to the King of France.

The constitution of former days still exists in regard to communal property. This is divided into two categories: the particular mountains belonging to each separate commune, and the general mountains in the canton of Laruns pertain to a syndicate formed of representatives of seventeen parishes. In addition the Ossalois own the lande of Pontlong, of which I have already spoken. In recognition of their having ceded to Gaston Phœbus, or before him to the first viscount who built a castle at Pau, sufficient ground for his castle and park, they obtained the privilege to sit at table with their viscounts. The valley bottom is fertile, but tillage is pursued only there. Cattle and sheep spend the summer on the high pastures, and the sheep are driven in winter to the Pontlong. Costume is fast disappearing. On Sunday at Bielle and Laruns may be seen the old women still wearing their scarlet capulets lined with silk and edged with black velvet; the black corset is faced on the breast with crimson silk. A woollen skirt descends in symmetrical folds to a little way below the calf; the leg is clothed in white stockings, unfooted, that widen over the foot. The male costume is quite gone. The only part retained is the beret. It is a pity, for the costume was admirably adapted to the men's life in the mountains. The thick, red, brown, and white jackets, waistcoats, and breeches were of home make and handloom weaving, from the wool of their own sheep, and lasted for years without becoming threadbare.

Even the musical instruments general when there was a dance have gone, the tambouri of six strings, struck by a

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Page:United States Statutes at Large Volume 89.djvu/1171

 PUBLIC LAW 94-197—DEC. 31, 1975

89 STAT. 1111

Public Law 94-197 94th Congress An Act To amend the Atomic Energy Act of 1954, as amended, to provide for the phaseout of governmental indemnity as a source of funds for public remuneration in the event of a nuclear incident, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 11 of the Atomic Energy Act of 1964, as amended, is amended b)^ amending subsections q. and t. to read as follows: "q. The term 'nuclear incident' means any occurrence, including an extraordinary nuclear occurrence, within the United States causing, within or outside the United States, bodily injury, sickness, disease, or death, or loss of or damage to property, or loss of use of property, arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of source, special nuclear, or byproduct material: Provided, however, That as the term is used in subsection 170 1., it shall include any such occurrence outside the United States: A7id provided further, That as the term is used in subsection 170 d., it shall include any such occurrence outside the United States if such occurrence involves source, special nuclear, or byproduct material owned by, and used by or under contract with, the United States: And provided further. That as the term is used in subsection 170 c, it shall include any such occurrence outside both the United States and any other nation if such occurrence arises out of or results from the radioactive, toxic, explosive, or other hazardous properties of source, special nuclear, or byproduct material licensed pursuant to chapters 6, 7, 8, and 10 of this Act, which is used in connection with the operation of a licensed stationary production or utilization facility or which moves outside the territorial limits of the United States in transit from one person licensed by the Commission to another person licensed by the Commission. "t. The term 'person indemnified' means (1) with respect to a nuclear incident occurring within the United States or outside the United States as the term is used in subsection 170 c, and with respect to any nuclear incident in connection with the design, development, construction, operation, repair, maintenance, or use of the nuclear ship Savannah, the person with whom an indemnity agreement is executed or who is required to maintain financial protection, and any other person who may be liable for public liability or (2) with respect to any other nuclear incident occurring outside the United States, the person with whom an indemnity agreement is executed and any other person who may be liable for public liability by reason of his activities under any contract with the Commission or any project to which indemnification under the provisions of subsection 170 d. has been extended or under any subcontract, purchase order, or other agreement, of any tier, under any such contract or project.". SEC. 2. Subsection 170 a. of the Atomic Energy Act of 1954, as amended, is amended to read as follows: "a. Each license issued under section 103 or 104 and each construction permit issued under section 185 shall, and each license issued under section 53, 63, or 81 may, for the public purposes cited in subsection 2 i. of the Atomic Energy Act of 1954, as amended, have as

Dec. 3 1. 1975 [H.R. 86311

Nuclear incident. Public remuneration. 42 USC 2014. "Nuclear incident."

42 USC 2210.

42 USC 2071, 2091, 2111, 2131.

"Person indemnified."

42 USC 2210. 42 USC 2133, 2134. 42 USC 2235. 42 USC 2073, 2093, 2111. 42 USC 2012.

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Page:United States Statutes at Large Volume 89.djvu/1172

 89 STAT. 1112

42 USC 2210.

Liability insurance. 42 USC 2210.

PUBLIC LAW 94-197—DEC. 31, 1975 a condition of the license a requirement that the licensee have and maintain financial protection of such type and in such amounts as the Commission in the exercise of its licensing and regulatory authority and responsibility shall require in accordance with subsection 170 b. to cover public liability claims. Whenever such financial protection is required, it may be a further condition of the license that the licensee execute and maintain an indemnification agreement in accordance with subsection 170 c. The Commission may require, as a further condition of issuing a license, that an 'applicant waive any immunity from public liability conferred by Federal or State law.". SEC. 3. Subsection 107 b. of the Atomic Energy Act of 1954, as amended, is amended to read as follows: u|3_ 'pj^g amount of financial protection required shall be the amount of liability insurance available from private sources, except that the Commission may establish a lesser amount on the basis of criteria set forth in writing, which it may revise from time to time, taking into consideration such factors as the following: (1) the cost and terms of private insurance, (2) the type, size, and location of the licensed activity and other factors pertaining to the hazard, and (3) the nature and purpose of the licensed activity: Provided, That for facilities designed for producing substantial amounts of electricity and having a rated capacity of 100,000 electrical kilowatts or more, the amount of financial protection required shall be the maximum amount available at reasonable cost and on reasonable terms from private sources. Such financial protection may include private insurance, private contractual indemnities, self-insurance, other proof of financial responsibility, or a combination of such measures and shall be subject to such terms and conditions as the Commission may, by rule, regulation, or order, prescribe. In prescribing such terms and conditions for licensees required to have and maintain financial protection eo[ual to the maximum amount of liability insurance available from private sources, the Commission shall, by rule initially prescribed not later than twelve months from the date of enactment of this Act, include, in determining such maximum amount, private liability insurance available under an industry retrospective rating plan providing for premium charges deferred in whole or major part until public liability from a nuclear incident exceeds or appears likely to exceed the level of the primary financial protection required of the licensee involved in the nuclear incident: Provided, That such insurance is available to, and required of, all of the licensees of such facilities without regard to the manner in which they obtain other types or amounts of such financial protection: And provided further, That the standard deferred premium which may be charged following any nuclear incident under such a plan shall be not less than $2,000,000 nor more than $5,000,000 for each facility required to maintain the maximum amount of financial protection: And provided further. That the amount which may be charged a licensee following any nuclear incident shall not exceed the licensee's pro rata share of the aggregate public liability claims and costs arising out of the nuclear incident. Payment of any State premium taxes which may be applicable to any deferred premium provided for in this Act shall be the responsibility of the licensee and shall not be included in the retrospective premium established by the Commission. The Commission is authorized to establish a maximum amount which the aggregate deferred premiums charged for each facility within one calendar year may not exceed.

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Page:United States Statutes at Large Volume 89.djvu/1173

 PUBLIC LAW 94-197—DEC. 31, 1975

89 STAT. 1113

The Commission may establish amounts less than the standard premium for individual facilities taking into account such factors as the facility's size, location, and other factors pertaining to the hazard. The Commission shall establish such requirements as are necessary to assure availability of funds to meet any assessment of deferred premiums within a reasonable time when due, and may provide reinsurance or shall otherwise guarantee the payment of such premiums in the event it appears that the amount of such premiums will not be available on a timely basis through the resources of private industry and insurance. Any agreement by the Commission with a licensee or indemnitor to guarantee the payment of deferred premiums may contain such terms as the Commission deems appropriate to carry out the purposes of this section and to assure reimbursement to the Commission for its payments made due to the failure of such licensee or indemnitor to meet any of its obligations arising under or in connection with financial protection required under this subsection including without limitation terms creating liens upon the licensed facility and the revenues derived therefrom or any other property or revenues of such licensee to secure such reimbursement and consent to the automatic revocation of any license.". SEC. 4. (a) Subsection 170 c. of the Atomic Energy Act of 1954, as amended, is amended by deleting the phrase "and August 1, 1977, 42 USC 2210. for which it requires financial protection," in the first sentence and substituting therefor the phrase "and August 1, 1987, for which it requires financial protection of less than $560,000,000," and by deleting the date "August 1, 1977" in the last sentence wherever it appears and substituting therefor the date "August 1, 1987". (b) Such subsection is further amended by striking "including the reasonable" and inserting in lieu thereof "excluding". SEC. 5. (a) Subsection 170 d. of the Atomic Energy Act of 1954, as amended, is amended by deleting the phrase "until August 1, 1977," in the first sentence and substituting therefor the phrase "until August 1, 1987,". (b) Such subsection is further amended by striking "including the reasonable" and inserting in lieu thereof "excluding". SEC. 6. Subsection 170 e. of the Atomic Energy Act of 1954, as Single incident, aggregate amended, is amended to read as follows: "e. The aggregate liability for a single nuclear incident of persons liability. indemnified, including the reasonable costs of investigating and settling claims and defending suits for damage, shall not exceed (1) the sum of $500,000,000 together with the amount of financial protection required of the licensee or contractor or (2) if the amount of financial protection required of the licensee exceeds $60,000,000, such aggregate liability shall not exceed the sum of $560,000,000 or the amount of financial protection required of the licensee, whichever amount is greater: Provided, That in the event of a nuclear incident involving Congressional damages in excess of that amount of aggregate liability, the Congress review. will thoroughly review the particular incident and will take whatever action is deemed necessary and appropriate to protect the public from the consequences of a disaster of such magnitude: Arid provided further, That with respect to any nuclear incident occurring outside of the United States to which an agreement of indemnification entered into under the provisions of subsection 170 d. is applicable, such aggregate liability shall not exceed the amount of $100,000,000 together with the amount of financial protection required of the contractor.".

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Page:United States Statutes at Large Volume 89.djvu/1174

 89 STAT. 1114 42 USC 2210.

42 USC 2133.

42 USC 2134. 42 USC 2235.

Survey of causes and damages, report to Joint eommittee on Atomic Energy and members of Congress.

Supplemental report to Joint eommittee on Atomic Energy.

PUBLIC LAW 94-197—DEC. 31, 1975 SEC. 7. Subsection 170 f. of the Atomic Energy Act of 1954, as amended, is amended to read as follows: "f. The Commission is authorized to collect a fee from all persons with whom an indemnification agreement is executed under this section. This fee shall be $30 per year per thousand kilowatts of thermal energy capacity for facilities licensed under section 103: Provided, That the Commission is authorized to reduce the fee for such facilities in reasonable relation to increases in financial protection required above a level of $60,000,000. For facilities licensed under section 104, and for construction permits under section 185, the Commission is authorized to reduce the fee set forth above. The Commission shall establish criteria in writing for determination of the fee for facilities licensed under section 104, taking into consideration such factors as (1) the type, size, and location of facility involved, and other factors pertaining to the hazard, and (2) the nature and purpose of the facility. For other licenses, the Commission shall collect such nominal fees as it deems appropriate. No fee under this subsection shall be less than $100 per year.". SEC. 8. The last sentence of subsection 170 h. of the Atomic Energy Act of 1954, as amended, is amended by striking "may include reasonable" and inserting in lieu thereof "shall not include". SEC. 9. Subsection 170 i. of the Atomic Energy Act of 1954, as amended, is amended to read as follows: "i. After any nuclear incident which will probably require payments by the United States under this section or which will probably result in public liability claims in excess of $560,000,000, the Commission shall make a survey of the causes and extent of damage which shall forthwith be reported to the Joint Committee, to the Congressmen of the affected districts, and to the Senators of the affected States, and, except for information which would cause serioTis damage to the national defense of the United States, all final findings shall be made available to the public, to the parties involved and to the courts. The Commission shall report to the Joint Committee by April 1, 1958, and every year thereafter on the operations under this section.". SEC. 10. (a) Subsection 170 k. of the Atomic Energy Act of 1954, as amended, is amended by deleting the date "August 1, 1977" wherever it appears and substituting therefor the date "August 1, 1987". (b) Paragraph (1) of such subsection is amended by striking "including the reasonable" and inserting in lieu thereof "excluding". SEC. 11. Subsection 170 1. of the Atomic Energy Act of 1954, as amended, is amended by striking "including the reasonable" and inserting in lieu thereof "excluding". SEC. 12. Section 170 n. (1) (iii) of the Atomic Energy Act of 1954 is amended by striking "ten years" and inserting in lieu thereof "twenty years". SEC. 13. Subsection 170 o. of the Atomic Energy Act of 1954, as amended, is amended by adding at the end of the second sentence in subparagraph (3) the words "and shall include establishment of priorities between claimants and classes of claims, as necessary to insure the most equitable allocation of available funds.", and by adding a new subparagraph (4) to read as follows: "(4) the Commission shall, within ninety days after a court shall have made such determination, deliver to the Joint Committee a supplement to the report prepared in accordance with subsection 170 i. of this Act setting forth the estimated requirements for full compensation and relief of all claimants, and recommendations as to the relief to be provided.".

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Page:United States Statutes at Large Volume 89.djvu/1175

 PUBLIC LAW 94-197—DEC. 31, 1975

89 STAT. 1115

SEC. 14. Section 170 of the Atomic Energy Act of 1954, as amended, Report to is amended by adding subsection p., to read as follows: ^^^T^TC^P®' "p. The Commission shall submit to the Congress by August 1, 1983, ^^ ^^^ 22^^a detailed report concerning the need for continuation or modification of the provisions of this section, taking into account the condition of the nuclear industry, availability of private insurance, and the state of knowledge concerning nuclear safety at that time, among other relevant factors, and shall include recommendations as to the repeal or modification of any of the provisions of this section.". Approved December 31, 1975.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-648 (Joint Committee on Atomic Energy). SENATE REPORT No. 94-454 accompanying S. 2568 (Joint Committee on Atomic Energy). CONGRESSIONAL RECORD, VoL 121 (1975): Dec. 8, considered and passed House. Dec. 16, considered and passed Senate, amended, in lieu of S. 2568. Dec. 17, House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 89.djvu/1176

 89 STAT. 1116

PUBLIC LAW 94-198—DEC. 31, 1975

Public Law 94-198 94th Congress

Joint Resolution Dec. 61, 1975 [S.J. Res. 157]

Ante, p. 256. 42 USC 4106.

rp^ provide a 2-month extension of the exemption for loans made to finance the acquisition of previously occupied residential dwellings from the prohibition against financing by federally-related financial institutions for property located in communities not participating in the national flood insurance program.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That section 202(b) of the Flood Disaster Protection Act of 1973 is amended by striking out "January 1, 1976" and inserting in lieu thereof "March 1, 1976". Approved December 31, 1975.

LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 121 (1975): Dec. 19, considered and passed Senate and House.

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Page:United States Statutes at Large Volume 89.djvu/1177

 PUBLIC LAW 94-199—DEC. 31, 1975

89 STAT. 1117

Public Law 94-199 94th Congress An Act To establish the Hells Canyon National Recreation Area in the States of Oregon and Idaho, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) to assure that the natural beauty, and historical and archeological values of the Hells Canyon area and the seventy-one-mile segment of the Snake River between Hells Canyon Dam and the Oregon-Washington border, together with portions of certain of its tributaries and adjacent lands, are preserved for this and future generations, and that the recreational and ecologic values and public enjoyment of the area are thereby enhanced, there is hereby established the Hells Canyon National Recreation Area. (b) The Hells Canyon National Recreation Area (hereinafter referred to as the "recreation area"), which includes the Hells Canyon Wilderness (hereinafter referred to as the "wilderness"), the components of the Wild and Scenic Rivers System designated in section 3 of this Act, and the wilderness study areas designated in subsections 8(d) of this Act, shall comprise the lands and waters generally depicted on the map entitled "Hells Canyon National Recreation Area" dated September 1975, which shall be on file and available for public inspection in the office of the Chief, Forest Service, United States Department of Agriculture. The Secretary of Agriculture (hereinafter referred to as "the Secretary"), shall, as soon as practicable, but no later than eighteen months after the date of enactment of this Act, publish a detailed boundary description of the recreation area, the wilderness study areas designated in subsection 8(d) of this Act, and the wilderness established in section 2 of this Act in the Federal Register. SEC. 2, (a) The lands depicted as the "Hells Canyon Wilderness" on the map referred to in subsection 1(b) of this Act are hereby designated as wilderness. (b) The wilderness designated by this Act shall be administered by the Secretary in accordance with the provisions of this Act or in accordance with the provisions of the Wilderness Act (78 Stat. 890), whichever is the more restrictive, except that any reference in such provisions of the Wilderness Act to the effective date of that Act shall be deemed to be a reference to the effective date of this Act. The provisions of section 9(b) and section 11 of this Act shall apply to the wilderness. The Secretary shall make such boundary revisions to the wilderness as may be necessary due to the evercise of his authority under subsection 3(b) of this Act. SEC. 3. (a) Subsection 3(a) of the Wild and Scenic Rivers Act (82 Stat. 906) is hereby amended by adding at the end thereof the following clauses: "(11) Rapid River, Idaho.—The segment from the headwaters of the main stem to the national forest boundary and the segment of the West Fork from the wilderness boundary downstream to the confluence with the main stem, as a wild river. "(12) Snake, Idaho and Oregon.—The segment from Hells Canyon Dam downstream to Pittsburgh Landing, as a wild river; and the

Dec. 31, 1975 [S. 322]

Hells Canyon National Recreation Area, Oreg.-Idaho. Establishment. 16 USC 460gg.

Publication in Federal Register.

Hells Canyon Wilderness, designation. 16 USC 460gg-l. 16 USC 1131 note.

16 USC 1274.

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Page:United States Statutes at Large Volume 89.djvu/1178

 89 STAT. 1118

PUBLIC LAW 94-199—DEC. 31, 1975

segment from Pittsburgh Landing downstream to an eastward extension of the north boundary of section 1, township 5 north, range 47 east, Willamette meridian, as a scenic river.". 16 USC 1274 (b) The segments of the Snake River and the Rapid River designote. nated as wild or scenic river areas by this Act shall be administered by the Secretary in accordance with the provisions of the Wild and Scenic 16 USC 1271 Rivers Act (82 Stat. 906), as amended, and the Secretary shall establish note detailed boundaries of the Snake River segments thereof in accordance 16 USC 1274. with subsection 3(b) of that Act: Provided, That the Secretary shall establish a corridor along the segments of the Rapid River and may not undertake or permit to be undertaken any activities on adjacent public lands which would impair the water quality of the Rapid River segment: Provided further, That the Secretary is authorized to make such minor boundary revisions in the corridors as he deems necessary for the provision of such facilities as are permitted under the applicable provisions of the Wild and Scenic Rivers Act (82 Stat. 906). 16USe460gg-2. SEC. 4. (a) Notwithstanding any other provision of law, or any authorization heretofore given pursuant to law, the Federal Power Commission may not license the construction of any dam, water conduit, reservoir, powerhouse, transmission line, or other project work under the Federal Power Act (41 Stat. 1063), as amended (16 U.S.C. 16 USC 791a. 791a et seq.), within the recreation area: Provided, That the provisions of the Federal Power Act (41 Stat. 1063) shall continue to apply to any project (as defined in such Act), and all of the facilities and improvements required or used in connection with the operation and maintenance of said project, in existence within the recreation area which project is already constructed or under construction on the date of enactment of this Act. (b) No department or agency of the United States may assist by loan, grant, license, or otherwise the construction of any water resource facility within the recreation area which the Secretary determines would have a direct and adverse effect on the values for which the waters of the area are protected. SEC. 5. (a) Section 5(a) of the Act of October 2, 1968 (82 Stat. 906), 16 USC 1276. as amendecl, is further amended by adding the following new paragraph: " (57) Snake, Washington, Oregon, and Idaho: the segment from an eastward extension of the north boundary of section 1, township 5 north, range 47 east, Willamette meridian, downstream to the town of Asotin, Washington.". Asotin Dam, (b) The Asotin Dam, authorized under the provisions of the Flood deauthorization. Control Act of 1962 (76 Stat. 1173), is hereby deauthorized. 16USe460gg-3. SEC. 6. (a) No provision of the Wild and Scenic Rivers Act (82 Stat. 906), nor of this Act, nor any guidelines, rules, or regulations issued hereunder, shall in any way limit, restrict, or conflict with present and future use of the waters of the Snake River and its tributaries upstream from the boundaries of the Hells Canyon National Recreation Area created hereby, for beneficial uses, whether consumptive or nonconsumptive, now or hereafter existing, including, but not limited to, domestic, municipal, stockwater, irrigation, mining, power, or industrial uses. (b) No flow requirements of any kind may be imposed on the waters of the Snake River below Hells Canyon Dam under the provisions of the Wild and Scenic Rivers Act (82 Stat. 906), of this Act, or any guidelines, rules, or regulations adopted pursuant thereto. Administration. SEC. 7. Except as otherwise provided in sections 2 and 3 of this Act, 16USe460gg-4. and subject to the provisions of section 10 of this Act, the Secretary

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Page:United States Statutes at Large Volume 89.djvu/1179

 PUBLIC LAW 94-199—DEC. 31, 1975 shall administer the recreation area in accordance with the laws, rules, and regulations applicable to the national forests for public outdoor recreation in a manner compatible with the following objectives: (1) the maintenance and protection of the free-flowing nature of the rivers within the recreation area; (2) conservation of scenic, wilderness, cultural, scientific, and other values contributing to the public benefit; (3) preservation, especially in the area generally known as Hells Canyon, of all features and peculiarities believed to be biologically unique including, but not limited to, rare and endemic plant species, rare combinations of aquatic, terrestrial, and atmospheric habitats, and the rare combinations of outstanding and diverse ecosystems and parts of ecosystems associated therewith; (4) protection and maintenance of fish and wildlife habitat; (5) protection of archeological and paleontologic sites and interpretation of these sites for the public benefit and knowledge insofar as it is compatible with protection; (6) preservation and restoration of historic sites associated with and typifying the economic and social history of the region and the American West; and (7) such management, utilization, and disposal of natural resources on federally owned lands, including, but not limited to, timber harvesting by selective cutting, mining, and grazing and the continuation of such existing uses and developments as are compatible with the provisions of this Act. SEC. 8. (a) Within five years from the date of enactment of this Act the Secretary shall develop and submit to the Committees on Interior and Insular Affairs of the United States Senate and House of Representatives a comprehensive management plan for the recreation area which shall provide for a broad range of land uses and recreation opportunities. (b) In the development of such plan, the Secretary shall consider the historic, archeological, and paleontological resources within the recreation area which offer significant opportunities for anthropological research. The Secretary shall inventory such resources and may reconnuend such areas as he deems suitable for listing in the National Register of Historic Places. The Secretary's comprehensive plan shall include recommendations for future protection and controlled research use of all such resources. (c) The Secretary shall, as a part of his comprehensive planning process, conduct a detailed study of the need for, and alternative routes of, scenic roads and other means of transit to and within the recreation area. In conducting such study the Secretary shall consider the alternative for upgrading existing roads and shall, in particular, study the need for and alternative routes of roads or other means of transit providing access to scenic views of and from the Western rim of Hells Canyon. (d) The Secretary shall review, as to their suitability or nonsuitability for preservation as wilderness, the areas generally depicted on the map referred to in section 1 of this Act as the "Lord Flat-Somers Point Plateau Wilderness Study Area", and the "West Side Reservoir Face Wilderness Study Area", and the "Mountain Sheep Wilderness Study Area" and report his findings to the President. The Secretary shall complete his review and the President shall, within five years from the date of enactment of this Act, advise the United States Senate and House of Representatives of his recommendations with respect to the designation of lands within such area as wilderness. In conducting his review the Secretary shall comply with the provisions of section

89 STAT. 1119

Management plan, submittal to congressional committees. 16 USC 460gg-5.

Scenic roads, study.

Wilderness suitability reviesw, report to President. Recommendations to Congress.

Public notice of meetings.

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Page:United States Statutes at Large Volume 89.djvu/1180

 89 STAT. 1120

PUBLIC LAW 94-199—DEC. 31, 1975

3(d) of the Wilderness Act and shall give public notice at least sixty days in advance of any hearing or other public meeting concerning the wilderness study area. The Secretary shall administer all Federal lands within the study areas so as not to preclude their possible future designation by the Congress as wilderness. Nothing contained herein shall limit the President in proposing, as part of this recommendation to Congress, the designation as wilderness of any additional area within the recreation area which is predominately of wilderness value. (e) In conducting the reviews and preparing the comprehensive management plan required by this section, the Secretary shall provide for full public participation and shall consider the views of all interested agencies, organizations, and individuals including but not limited to, the Nez Perce Tribe of Indians, and the States of Idaho, Oregon, and Washington. The Secretaries or Directors of all Federal departments, agencies, and commissions having a relevant expertise are hereby authorized and directed to cooperate with the Secretary in his review and to make such studies as the Secretary may request on a cost reimbursable basis. (f) Such activities as are as compatible with the provisions of this Act, but not limited to, timber harvesting by selective cutting, mining, and grazing may continue during development of the comprehensive management plan, at current levels of activity and in areas of such activity at the time of enactment of this Act. Further, in development of the management plan, the Secretary shall give full consideration to continuation of these ongoing activities in their respective areas. Land acquisition. SEC. 9. (a) The Secretary is authorized to acquire such lands or 16 USC 460gg-6. interests in land (including, but not limited to, scenic easements) as he deems necessary to accomplish the purposes of this Act by purchase with donated or appropriated funds with the consent of the owner, donation, or exchange. (b) The Secretary is further authorized to acquire by purchase with donated or appropriated funds such lands or interests in lands without the consent of the owner only if (1) he deems that all reasonable efforts to acquire such lands or interests therein by negotiation have failed, and (2) the total acreage of all other lands within the recreation area to which he has acquired fee simple title or, lesser interests therein without the consent of the owner is less than 5 per centum of the total acreage which is privately owned within the recreation area on the date of enactment of this Act: Provided, That the Secretary Scenic easements. may acquire scenic easements in lands without the consent of the owner and without restriction to such 5 per centum limitation: Provided further, That the Secretary may only acquire scenic easements in lands without the consent of the owner after the date of publication of the regulations required by section 10 of this Act when he determines that such lands are being used, or are in imminent danger of being used, in a manner incompatible with such regulations. (c) Any land or interest in land owned by the State of Oregon or any of its political subdivisions may be acquired only by donation. Any land or interest in land owned by the State of Idaho or any of its political subdivisions may be acquired only by donation or exchange. "Scenic (d) As used in this Act the term "scenic easement" means the right easement.' to control the use of land in order to protect esthetic values for the purposes of this Act, but shall not preclude the continuation of any farming or pastoral use exercised by the owner as of the date of enactment of this Act. (e) The Secretary shall give prompt and careful consideration to any offer made by a person owning land within the recreation area 16 USC 1132.

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to sell such land to the United States. The Secretary shall specifically consider any hardship to such person which might result from an imdue delay in acquiring his property. (f) In exercising his authority to acquire property by exchange, the Secretary may accept title to any non-Federal property, or interests therein, located within the recreation area and, notwithstanding any other provision of law, he may convey in exchange therefor any federally owned property within the same State which he classifies as suitable for exchange and which is under his administrative jurisdiction: Provided, That the values of the properties so exchanged shall be approximately equal, or if they are not approximately equal, they shall be equalized by the payment of cash to the grantor or to the United States as the circumstances require. In the exercise of his exchange authority, the Secretary may utilize authorities and procedures available to him in connection with exchanges of national forest lands. (g) Notwithstanding any other provision of law, the Secretary is authorized to acquire mineral interests in lands within the recreation area, with or without the consent of the owner. Upon acquisition of any such interest, the lands and/or minerals covered by such interest are by this Act withdrawn from entry or appropriation under the United States mining laws and from disposition under all laws pertaining to mineral leasing and all amendments thereto. (h) Notwithstanding any other provision of law, any Federal property located within the recreation area may, with the concurrence of the agency having custody thereof, be transferred without consideration to the administrative jurisdiction of the Secretary for use by him in carrying out the purposes of this Act. Lands acquired by the Secretary or transferred to his administrative jurisdiction within the recreation area shall become parts of the national forest within or adjacent to which they are located. SEC. 10. The Secretary shall promulgate, and may amend, such rules Rules and and regulations as he deems necessary to accomplish the purposes of regulations, this Act. Such rules and regulations shall include, but are not limited ^^ ^^^ 460gg-7. to— (a) standards for the use and development of privately owned property within the recreation area, which rules or regulations the Secretary may, to the extent he deems advisable, implement with the authorities delegated to him in section 9 of this Act, and which may differ among the various parcels of land within the recreation area; (b) standards and guidelines to insure the full protection and preservation of the historic, archeological, and paleontological resources in the recreation area; (c) provision for the control of the use of motorized and mechanical equipment for transportation over, or alteration of, the surface of any Federal land within the recreation area;

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 89 STAT. 1122

16 USC 460gg-8. 16 USC 1133.

Hunting and fishing. 16 USC 460gg-9.

Recreation area, traditional and valid uses.

16 USC 460gg-10. Civil and criminal jurisdiction.

16 USC S-11.

16 USC 460gg-12.

Appropriation authorization.

16 USC 460gg-13.

PUBLIC LAW 94-199—DEC. 31, 1975 (d) provision for the control of the use and number of motorized and nonmotorized river craft: Provided, That the use of such craft is hereby recognized as a valid use of the Snake River within the recreation area; and (e) standards for such management, utilization, and disposal of natural resources on federally owned lands, including but not limited to, timber harvesting by selective cutting, mining, and grazing and the continuation of such existing uses and developments as are compatible with the provisions of this Act. SEC. 11. Notwithstanding the provisions of section 4(d)(2) of the Wilderness Act and subject to valid existing rights, all Federal lands located in the recreation area are hereby withdrawn from all forms of location, entry, and patent under the mining laws of the United States, and from disposition under all laws pertaining to mineral leasing and all amendments thereto. SEC. 12. The Secretary shall permit hunting and fishing on lands and waters under his jurisdiction within the boundaries of the recreation area in accordance with applicable laws of the United States and the States wherein the lands and waters are located except that the Secretary may designate zones where, and establish periods when, no hunting or fishing shall be permitted for reasons for public safety, administration, or public use and enjoyment. Except in emergencies, any regulations of the Secretary pursuant to this section shall be put into effect only after consultation with the appropriate State fish and game department. SEC. 13. Ranching, grazing, farming, timber harvesting, and the occupation of homes and lands associated therewith, as they exist on the date of enactment of this Act, are recognized as traditional and valid uses of the recreation area. SEC. 14. Nothing in this Act shall diminish, enlarge, or modify any right of the States of Idaho, Oregon, or any political subdivisions thereof, to exercise civil and criminal jurisdiction within the recreation area or of rights to tax persons, corporations, franchises, or property, including mineral or other interests, in or on lands or waters within the recreation area. SEC. 15. The Secretary may cooperate with other Federal agencies, with State and local public agencies, and with private individuals and agencies in the development and operation of facilities and services in the area in furtherance of the purposes of this Act, including, but not limited to, restoration and maintenance of the historic setting and background of towns and settlements within the recreation area. SEC. 16. (a) There is hereby authorized to be appropriated the sum of not more than $10,000,000 for the acquisition of lands and interests in lands within the recreation area. (b) There is hereby authorized to be appropriated the sum of not more than $10,000,000 for the development of recreation facilities within the recreation area.

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89 STAT. 1123

{c) There is hereby authorized to be appropriated the sum of not more than $1,500,000 for the inventory, identification, development, and protection of the historic and archeological sites described in section 5 of this Act. SEC. 17. If any provision of this Act is declared to be invalid, such Separability. declaration shall not affect the validity of any other provision hereof. 16 USC 460gg note.

Approved December 31, 1975.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-607 accompanying H.R. 30 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 94-153 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 121 (1975): June 2, considered and passed Senate. Nov. 18, considered and passed House, amended, in lieu of H.R. 30. Dec. 12, Senate concurred in House amendment with amendments. Dec. 19, House concurred in Senate amendments.

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 89 STAT. 1124

PUBLIC LAW 94-200—DEC. 31, 1975

Public Law 94-200 94th Congress An Act Dec. 61, 1975 [S. 1281]

Depository institutions, interest rates; National Commission on Electronic Fund Transfers, extension; home mortgage disclosure. 12 USC 461 note. 12 USC 461 note.

rp^^ extend the authority for the flexible regulation of interest rates on deposits and share accounts in depository institutions, to extend the National Commission on Electronic Fund Transfers, and to provide for home mortgage disclosure.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I—REGULATIOX OF I N T E R E S T RATES SEC. 101. Section 7 of the Act of September 21, 1966 (Public Law 89-597), is amended by striking out "December 31, 1975-' and inserting in lieu thereof "March 1, 1977*'. SEC. 102. (a) An interest rate differential for any category of deposits or accounts which is in effect on December 10, 1975, between (1) any bank (other than a savings bank) the deposits of which are insured by the Federal Deposit Insurance Corporation and (2) any savings and loan, building and loan, or homestead association (including cooperative banks) the deposits or accounts of which are insured by the Federal Savings and Loan Insurance Corporation or any mutual savings bank as defined in section 3(f) of the Federal Deposit Insurance Act (12 U.S.C. 1813(j)) may not be eliminated or reduced unless—• (A) written notification is given by the Board of Governors of the Federal Reserve System to the Congress; and (B) the House of Representatives and the Senate approve, by concurrent resolution, the proposed elimination or reduction of the interest rate differential. (b) In the case of the elimination or reduction of any interest rate differential under subsection (a) with respect to any category of deposits or accounts between (1) any bank (other than a savings bank) the deposits of which are insured by the Federal Deposit Insurance Corporation and (2) any savings and loan, building and loan, or homestead association (including cooperative banks) the deposits or accounts of which are insured by the Federal Savings and Loan Insurance Corporation or any mutual savings bank as defined in section 3(f) of the Federal Deposit Insurance Act (12 U.S.C. 1813(f)), the maximum rate of interest which shall be established for such category of deposits for banks (other than savings banks) the deposits of which are insured by the Federal Deposit Insurance Corporation shall be equal to the highest rate of interest which savings and loan associations the deposits or accounts of which are insured by the Federal Savings and Loan Insurance Corporation were permitted to charge for such category of deposits immediately prior to the elimination or reduction of such interest rate differential.

TITLE II—ELECTRONIC FUND TRANSFERS 12 USC 2403.

SEC. 201. Section 203(b) of title II of the Act of October 28, 1974 (Public Law 93^95), is amended by— (1) striking out "within one year of its findings and recommendations" and inserting in lieu thereof "within one year of the date

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89 STAT. 1125

of the confirmation by the Senate of the Chairperson or the appointment by the President of an acting Chairperson"; and (2) striking out "not later than two years after the date of enactment of this Act" and inserting in lieu thereof "not later than two years after the date of the confirmation by the Senate of the Chairperson or the appointment by the President of an acting Chairperson". TITLE III—HOME MORTGAGE DISCLOSURE SHORT TITLE

Home Mortgage Disclosure Act of 1975.

SEC. 301. This title may be cited as the "Home Mortgage Disclosure 12 USC 2801 Act of 1975". noteFINDINGS AND PURPOSES

SEC. 302. (a) The Congress finds that some depository institutions 12 USC 2801. have sometimes contributed to the decline of certain geographic areas by their failure pursuant to their chartering responsibilities to provide adequate home financing to qualified applicants on reasonable terms and conditions. (b) The purpose of this title is to provide the citizens and public officials of the United States with sufficient information to enable them to determine whether depository institutions are filling their obligations to serve the housing needs of the communities and neighborhoods in which they are located and to assist public officials in their determination of the distribution of public sector investments in a manner designed to improve the private investment environment. (c) N^othing ill this title is intended to, nor shall it be construed to, encourage unsound lending practices or the allocation of credit. DEFINITIONS

SEC. 303. For purposes of this title— 12 USC 2802. (1) the term "mortgage loan" means a l6an which is secured by residential real property or a home improvement loan; (2) the term "depository institution" means any commercial bank, savings bank, savings and loan association, building and loan association, or homestead association (including cooperative banks) or credit union which makes federally related mortgage loans as determined by the Board; (3) the term "Board" means the Board of Governors of the Federal Reserve System; and (4) the term "Secretary" means the Secretary of Housing and Urban Development. M A I N T E N A N C E OF RECORDS AND PUBLIC DISCLOSURE

SEC. 304. (a)(1) Each depository institution which has a home 12 USC 2803., office or branch office located within a standard metropolitan statistical area, as defined by the Office of Management and Budget shall compile and make available, in accordance with regulations of the Board, to the public for inspection and copying at the home office, and at at least one branch office within each standard metropolitan statistical area in which the depository institution has an office the number and total dollar amount of mortgage loans which were (A) originated, or (B) purchased by that institution during each fiscal year (beginning with the last full fiscal year of that institution which immediately preceded the effective date of this title).

57-194 O - 77 - 75

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 89 STAT. 1126

12 USC 1707. 42 USC 1471. 38 USC 1801 et seq.

PUBLIC LAW 94-200—DEC. 31, 1975 (2) The information required to be maintained and made available under paragraph (1) shall also be itemized in order to clearly and conspicuously disclose the following: (A) The number and dollar amount for each item referred to in paragraph (1), by census tracts, where readily available at a reasonable cost, as determined by the Board, otherwise by Z I P code, for borrowers, under mortgage loans secured by property located within that standard metropolitan statistical area, (B) The number and dollar amount for each item referred to in paragraph (1) for all such mortgage loans which are secured by property located outside that standard metropolitan statistical area. For the purpose of this paragraph, a depository institution which maintains offices in moie than one standard metropolitan statistical area shall be required to make the information required by this paragraph available at any such office only to the extent that such information relates to mortgage loans which were originated or purchased by an office of that depository institution located in the standard metropolitan statistical area in which the office making such information available is located. (b) Any item of information relating to mortgage loans required to be maintained under subsection (a) shall be further itemized in order to disclose for each such item— (1) the number and dollar amount of mortgage loans which are insured under title II of the National Housing Act or under title V of the Housing Act of 1949 or which are guaranteed under chapter 37 of title 38, United States Code; (2) the number and dollar amount of mortgage loans made to mortgagors who did not, at the time of execution of the mortgage, intend to reside in the property securing the mortgage loan; and (3) the number and dollar amount of home improvement loans. (c) Any information required to be compiled and made available under this section shall be maintained and made available for a period of five years after the close of the first year during which such information is required to be maintained and made available. ENFORCEMENT

Regulations. 12 USC 2804.

eompliance. 12 USC 1818.

SEC. 305. (a) The B o a r d shall prescribe such regulations as may be necessary to carry out the purposes of this title. These regulations may contain such classifications, differentiations, or other provisions, and may provide for such adjustments and exceptions for any class of transactions, as in the judgment of the Board are necessary and proper to effectuate the purposes of this title, and prevent circumvention or evasion thereof, or to facilitate compliance therewith. (b) Compliance with the requirements imposed under this title shall be enforced under— (1) section 8 of the Federal Deposit Insurance Act, in the case of— (A) national banks, by the Comptroller of the Currency; (B) member banks of the Federal Reserve System, other than national banks, by the B o a r d; (C) banks insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System) and mutual savings banks as defined in section 3(f) of the Federal Deposit Insurance Act (12 U.S.C. 1813(f)) and

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89 STAT. 1127

any other depository institution not referred to in this paragraph or paragraph (2) or (3) of this subsection, by the Board of Directors of the Federal Deposit Insurance Corporation; (2) section 5(d) of the Home Owners' Loan Act of 1933, sec- 12 USC 1464. tion 407 of the National Housing Act, and sections 6(i) and 17 12 USC 1730. of the Federal Home Loan Bank Act, by the Federal Home Loan 12 USC 1426, Bank Board (acting directly or through the Federal Savings and ^'^^'^• Loan Insurance Corporation), in the case of any institution subject to any of those provisions; and (3) the Federal Credit Union Act, by the Administrator of 12 USC 1751. the National Credit Union Administration with respect to any credit union, (c) For the purpose of the exercise by any agency referred to in Violation, subsection (b) of its powers under any Act referred to in that subsection, a violation of any requirement imposed under this title shall be deemed to be a violation of a requirement imposed under that Act. In addition to its powers under any provision of law specifically referred to in subsection (b), each of the agencies referred to in that subsection may exercise, for the purpose of enforcing compliance with any requirement imposed under this title, any other authority conferred on it by law. RELATION TO STATE LAWS

SEC. 306. (a) This title does not annul, alter, or affect, or exempt 12 USC 2805. any State chartered depository institution subject to the provisions of this title from complying with the laws of any State or subdivision thereof with respect to public disclosure and recordkeeping by depositor institutions, except to the extent that those laws are inconsistent with any provision of this title, and then only to the extent of the inconsistency. The Board is authorized to determine whether such inconsistencies exist. The Board may not determine that any such law is inconsistent with any provision of this title if the Board determines that such law requires the maintenance of records w4th greater geographic or other detail than is required under this title, or that such law otherwise provides greater disclosure than is required under this title. (b) The Board may by regulation exempt from the requirements of this title any State chartered depository institution within any State or subdivision thereof if it determines that, under the law of such State or subdivision, that institution is subject to requirements substantially similar to those imposed under this title, and that such law contains adequate provisions for enforcement. Notwithstanding any other provision of this subsection, compliance with the requirements imposed under this subsection shall be enforced under— (1) Section 8 of the Federal Deposit Insurance Act in the 12 USC 1818. case of national banks, by the Comptroller of the Currency; and (2) Section o(d) of the Home Owners' Loan Act of 1933 in 12 USC 1464. the case of any institution subject to that provision, by the Federal Home Loan Bank Board. RESEARCH AXD IMPROVED METHODS

SEC. 307. (a)(1) The Federal Home Loan Bank Board, with the 12 USC 2806. assistance of the Secretary, the Director of the Bureau of the Census, the Comptroller of the Currency, the Board of Governors of the Federal Eeserve System, the Federal Deposit Insurance Corporation, and

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 89 STAT. 1128

Appropriation authorization.

Recommendation to congressional committees.

PUBLIC LAW 94-200—DEC. 31, 1975 such other persons as the Federal Home Loan Bank Board deems appropriate, shall develop, or assist in the improvement of, methods of matching addresses and census tracts to facilitate compliance by depository institutions in as economical a manner as possible with the requirements of this title. (2) There is authorized to be appropriated such sums as may be necessary to carry out this subsection. (3) The Federal Home Loan Bank Board is authorized to utilize, contract with, act through, or compensate any person or agency in order to carry out this subsection. (b) The Federal Home Loan Bank Board shall recommend to the Committee on Banking, Currency and Housing of the House of Representatives and the Committee on Banking, Housing and Urban Affairs of the Senate such additional legislation as the Federal Home Loan Bank Board deems appropriate to carry out the purpose of this title. STUDY

12 USC 2807.

Report to Congress.

SEC. 308. (a) The Board, in consultation with the Secretary of Housing and Urban Development, is authorized and directed to carry out a study to determine the feasibility and usefulness of requiring depository institutions located outside standard metropolitan statistical areas, as defined by the Office of Management and Budget, to make disclosures comparable to those required by this title, (b) A report on the study under this section shall be transmitted to the Congress not later than three years after the date of enactment of this title. EFFECTIVE DATE

12 USC 2808.

SEC. 309. This title shall take effect on the one hundred and eightieth day beginning after the date of its enactment. Any depository institution which has total assets as of its last full fiscal year of $10,000,000 or less is exempt from the provisions of this title. TERMINATION OF AUTHORITY

12 USC 2809,

SEC. 310. The authority granted by this title shall expire four years after its effective date. Approved December 31, 1975.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-561 accompanying H.R. 10024 (Comm. on Banking, Currency and Housing) and No. 94-726 (Comm. of eonference). SENATE REPORTS: No. 94-187 (Comm. on Banking, Housing and Urban Affairs) and No. 94-553 (Comm. of Conference). CONGRESSIONAL RECORD, Vol. 121 (1975): July 26, Sept. 4, considered and passed Senate. Oct. 30, 31, considered and passed House, amended, in lieu of H.R. 10024. Dec. 15, Senate agreed to conference report. Dec. 18, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 1: Jan. 1, Presidential statement.

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