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 1446 16 USC 46on-9.

16 USC 460X-14.

PUBLIC LAW 93-477-OCT. 26, 1974

[88 STAT.

Nevada: Section 10 of the Act of October 8, 1964 (78 Stat. 1039) is amended by deleting "$1,200,000" and inserting in lieu thereof "$7,100,000"; and (13) Sleeping Bear Dunes, Michigan: Section 15 of the Act of October 21, 1970 (84 Stat. 1075) is amended by deleting "$19,800,000" and inserting in lieu thereof "$57,753,000".

TITLE II—DEVELOPMENT CEILING INCREASES SEC. 201. The limitations on appropriations for development of units of the National Park System contained in the following Acts are amended as follows: (1) Channel Islands National Monument, California: For the purposes of development of the administrative site and visitor facilities authorized by section 401 of this Act, there are authorized to be appropriated $2,936,000; (2) Cumberland Gap National Historical Park, Kentucky and Tennessee: I n addition to any funds heretofore appropriated for said national historical park, there are hereby authorized to be appropriated not more than $160,000 for development; and (3) International Peace Garden, North Dakota: Section 1 of the Act of October 25, 1949 (63 Stat. 888), as amended (68 Stat. 300 and 72 Stat. 985), is amended by changing "$400,000" to "$1,702,000". TITLE III—BOUNDARY CHANGES

16 USC 267.

SEC. 301. The Secretary of Interior shall revise the boundaries of the following units of the National Park System: (1) Biscayne National Monument, Florida: To add approximately 8,738 acres of land and water, including all of Swan Key and Gold Key; (2) Cumberland Gap National Historical Park, Kentucky and Tennessee: Notwithstanding the provisions of the Act of June 11, 1940 (54 Stat. 262), as amended (16 U.S.C. 261-265), the Secretary of the Interior is authorized to acquire by donation, purchase with donated or appropriated funds, or exchange not to exceed 60 acres of land or interests in land located in Bell County, Kentucky, and Claiborne County, Tennessee, for addition to and inclusion in the said national historical park which, upon acquisition, shall become a part of the Cumberland National Historical P a r k subject to the laws, rules, and regulations governing such park; (3) Fort Necessity National Battlefield, Pennsylvania: To add approximately 411 acres; (4) Independence National Historical Park, Pennsylvania: To add approximately 4.67 acres, which shall include the area bounded by Chestnut Street, Front Street, Walnut Street, and Second Street, to be known as Project F: Provided, That the authority of the Secretary of the Interior to acquire property by condemnation under this Act shall be suspended with respect to all property within the boundaries of the area known as Project F during the time the city of Philadelphia shall have in force and applicable to such property a duly adopted, valid zoning ordinance approved by the Secretary: And provided further, That no zoning ordinance or amendment of a zoning ordinance shall be approved by the Secretary which (1) contains any provision which he may consider adverse to the preservation and develop-

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ment of the Independence National Historical Park, or (2) fails to have the effect of providing that the Secretary shall receive notice of any variance granted under and any exception made to the application of such ordinance or amendment; (5) Lava Beds National Monument, California: To add approximately 321.58 acres and to delete approximately 60.12 acres, which additions and deletions shall comprise only federally owned lands, and lands deleted from the monument shall be administered by the Secretary of the Interior in accordance with the Federal reclamation laws; (6) Morristown National Historical Park, New Jersey: The Act of September 18, 1964 (78 Stat, 957) is amended changing "two hundred and eighty-one acres" in both places in which it appears in the first section to "465 acres" and change the period to a colon and insert Provided, That title to the property known as the Cross estate may not be accepted until the property is vacant." and (7) Rocky Mountain National Park, Colorado: To add approximately 1,556.21 acres. TITLE IV—MISCELLANEOUS

1447

16 USC 409g.

PROVISIONS

SEC. 401. The Secretary of the Interior is authorized to accept the donation of the fee simple title of not to exceed five acres of land and submerged land within the Ventura Marina, Ventura County, California; and to develop, operate, and maintain thereon administrative and visitor facilities to be used as a mainland headquarters for the Channel Islands National Monument: Provided, That no lands or any interests therein may be accepted by the Secretary until a mutually satisfactory agreement has been executed which shall include, among other things, an agreement on the design for such facilities, a reasonable timetable for their construction, and an agreement concerning public use of and access to such facilities. Any property accepted under the provisions of this Act shall be administered as a part of the national monument. SEC. 402. The Act of September 27, 1944 (58 Stat. 746), providing for the Moores Creek National Military Park is amended by changing the words "accept in behalf of the United States donations of" to "acquire by donation, purchase, or exchange", and by changing "to be accepted" to "acquired". SEC. 403. (a) The Secretary of the Interior, in cooperation with the Secretary of the Army, shall cause to be conducted such studies as they deem reasonable and necessary to determine the causes and extent of the damage to the foundations of the historic structures of the San J u a n National Historic Site and shall transmit to the Congress, as soon as possible, but no later than one year after the date of the enactment of this Act, the alternative courses of action, together with their recommendations, which might be taken to assure the historical integrity of such structures and the safety of the visiting public. Pending the submission of such recommendations, the Secretary of the Interior shall take every reasonable precaution to assure the public safety and the maximum public enjoyment of the historic site. (b) To carry out the purposes of this section, there are authorized to be appropriated such sums as may be necessary, but not more than $100,000. SEC. 404. (a) The Secretary of the Interior is authorized and directed to undertake a study of the most feasible and suitable means of preserving and interpreting for the benefit of the public the historic and natural resources of the Ohio and Erie Canal in the State of Ohio,

Ventura Marina, Calif., land donation for use in Channel Islands National Monument.

Administration.

16 USC 4 2 2 a - l.

San J u a n National Historic Site, P. R., damage s t u d i e s. Transmittal to Congress.

Appropriation.

Ohio and Erie C a n a l, Ohio, study.

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Report to Congress.

Appropriation.

Additional appropriations. 42 USC 4603.

42 USC 4601 note. 16 USC 4S9f-10,

Waiver.

42 USC 46234626. 42 USC 4601. Cape Lookout National Seashore N.C. 16 USC 459g.

Non-Federal land acquisition. 16 USC 459g-l.

Post, p. 1449.

16 USC 495g-2.

Publication in Federal Register.

PUBLIC LAW 93-477-OCT. 26, 1974

[88 STAT.

together with associated and related lands. I n carrying out the study the Secretary shall consider existing and proposed State and local highway plans, land-use plans, outdoor recreation plans, and related plans for the preservation of historic and natural resources. Not later than one year from the date of enactment of this Act the Secretary shall submit to the Congress a report of such study, including his recommendations as to the means of protecting, interpreting, and developing the resources of the Ohio and Erie Canal and adjacent lands. (b) To carry out the purposes of this section, there are authorized to be appropriated such sums as may be necessary, but not more than $40,000. SEC. 405. (a) In all instances where authorizations of appropriations for the acquisition of lands for the National P a r k System enacted prior to January 9, 1971, do not include provisions therefor, there are authorized to be appropriated such additional sums as may be necessary to provide for moving costs, relocation benefits, and other expenses incurred pursuant to the applicable provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Public Law 91-646; 84 Stat. 1894). There are also authorized to be appropriated not to exceed $8,400,000 in addition to those authorized in Public Law 92-272 (86 Stat. 120) to provide for such moving costs, relocation benefits, and other related expenses in connection with the acquisition of lands authorized by Public Law 92-272. (b) Wlienever an owner of property elects to retain a right of use and occupancy pursuant to any statute authorizing the acquisition of property for purposes of a unit of the National P a r k System, such owner shall be deemed to have waived any benefits under sections 203, 204, 205, and 206 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (84 Stat. 1894), and for the purposes of those sections such owner shall not be considered a displaced person as defined in section 101(6) of that Act. SEC. 406. The Act of March 10, 1966 (80 Stat. 33; 16 U.S.C. 459g) providing for the establishment of Cape Lookout National Seashore in the State of North Carolina is amended as follows: (1) Section 1 is amended by deleting '"Proposed Boundaries— Proposed Cape Lookout National Seashore', dated April 1964, and numbered NS-CL-7101-B," and substituting in lieu thereof " 'Boundary Map, Cape Lookout National Seashore', dated March 1974, and numbered 623-20,009," and by changing the colon to a period and deleting the remainder of the section. (2) Subsection 2(a) is amended by deleting the third sentence and inserting in lieu thereof the following "Lands owned by the State of North Carolina or any political subdivision thereof may be acquired only by donation, but the Secretary may, subject to the provisions of section 7 of this Act, acquire any other non-Federal lands, marshlands, waters, or interests therein which are located within the boundaries of the seashore by donation, purchase with donated or appropriated funds, or exchange. Notwithstanding any other provision of law, the Secretary may accept any lands donated by the State of North Carolina subject to a provision for reversion to the State conditioned upon continued use of the property for national seashore purposes.". (3) Section 3 is amended by revising the first sentence to read as follows: "When title to lands and interests in lands in an amount sufficient to constitute an efficiently administerable unit for the purposes of this Act is vested in the United States, the Secretary shall declare the establishment of the seashore by publication of notice thereof in the Federal Register.".

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(4) Section 7 is amended to read as follows: "SEC. 7. On or before January 1, 1978, the Secretary shall review the area within the seashore and shall report to the President, in accordance with section 3(c) and (d) of the Wilderness Act (78 Stat. 891; 16 U.S.C. 1132 (c) and (d)), his recommendations as to the suitability or nonsuitability of any area within the seashore for preservation as wilderness, and any designation of any such areas as a wilderness shall be accomplished in accordance with said subsections of the Wilderness Act." (5) Add a new section 8 to read as follows: "SEC. 8. There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act, not to exceed $7,903,000 for acquisition of lands and interests therein, of which no more than $1,000,000 may be expended for acquisition of lands owned by Core Banks Club Properties, Incorporated. For development of essential public facilities there are authorized to be appropriated not more than $2,935,000. On or before January 1, 1978, the Secretary shall develop and transmit to the Committees on Interior and Insular Affairs of the United States Congress a final master plan for the full development of the seashore consistent with the preservation objectives of this Act, indicating— "(1) the facilities needed to accommodate the health, safety and recreation needs of the visiting public; "(2) the location and estimated cost of all facilities; and "(3) the projected need for any additional facilities within the seashore." Approved October 26, 1974.

1449 Report to Te^usc '459g-6.

Appropriation. le use 459g-7.

j^'^^/'^^'j/^^"' c'c^ng^r'^ssLnai committees.

Public Law 93-478 AN ACT

To amend the National Visitor Center Facilities Act of 1968. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 102(a) (2) of the National Visitor Center Facilities Act of 1968 (82 Stat. 43), as amended, is further amended by deleting the phrase, "contingent when such facilities are available for public use,". SEC. 2. The National Visitor Center Facilities Act of 1968, as amended, is further amended by revising section 102(a)(3) to read as follows: "(3) The Company, in consultation with the Secretary, shall construct all or part of a parking facility, including necessary approaches and ramps for adequate circulation, to accommodate automobiles, charter buses, and other transportation, as appropriate, in the airspace northerly of and adjacent to the existing Union Station Building, and such structure shall be leased to the United States for a term not to exceed twenty-five years commencing upon a date to be mutually agreed upon.". SEC. 3. Section 102(c) of the National Visitor Center Facilities Act of 1968 is amended by striking out "$8,680,000" and inserting in lieu thereof "$21,580,000". Approved October 26, 1974.

October 26. 1974 [H. R. I7027]

_National V i s itor Center F a c i l -

laesAct of'iTes, ^"^^o^l^c" 802

14^^^'"'"'"^ ^^''""

Appropriation.

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1450

[88 STAT.

Public Law 93-479 October 26, 1974 [S.2840]

Foreign Investment Study Act of 1974.

15 USC

78b

15 USC

78b

15 USC

78b

note. Study. note.

note.

15 USC

78b

note.

Foreign direct investment, study. 15 USC 78b note.

AN ACT To authorize the Secretary of Commerce and the Secretary of the Treasury to conduct a study of foreign direct aind portfolio investment in the United States, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Foreign Investment Study Act of 1974". SEC. 2. The Secretary of the Treasury and the Secretary of Commerce are hereby authorized and directed to conduct a comprehensive, overall study of foreign direct and portfolio investments in the United States. SEC. 3. The Departments of Commerce and Treasury, in consultation with appropriate agencies, shall determine the definitions and limitations of direct and portfolio investments for the purposes of the study authorized in section 2 of this Act. SEC. 4. In carrying out the study described in section 2 of this Act, the Secretary of Commerce and the Secretary of the Treasury shall, respectively and jointly as may be appropriate— (1) identify and collect such information as may be required to carry out the study authorized in section 2 of this Act; (2) consult with and secure information from (and where appropriate the views of) representatives of industry, the financial community, labor, agriculture, science and technology, academic institutions, public interest organizations, and such other groups as the Secretaries deem suitable; and (3) consult and cooperate with other government agencies. Federal, State, and local, and, to the extent appropriate, with foreign governments and international organizations. SEC. 5. The Secretary of Commerce shall carry out that part of the study authorized in section 2 of this Act relating to foreign direct investment, and shall, among other things, to the extent he determines feasible, specifically— (1) investigate and review the nature, scope, magnitude, and rate of foreign direct investment activities in the United States; (2) survey the reasons foreign firms are undertaking direct investment in the United States; (3) identify the processes and mechanisms through which foreign direct investment flows into the United States, the financing methods used by foreign direct investors, and the effects of such financing on American financial markets; (4) analyze the scope and significance of foreign direct investment in acquisitions and takeovers of existing American enterprises, the significance of such investments in the form of new facilities or joint ventures with American firms, and the effects thereof on domestic business competition; (5) analyze the concentration and distribution of foreign direct investment in specific geographic areas and economic sector's; (6) analyze the effects of foreign direct investment on United States national security, energy, natural resources, agriculture, environment, real property holdings, balance of payments, balance of trade, the United States international economic position, and various significant American product markets; (7) analyze the effect of foreign direct investment in terms of employment opportunities and practices and the activities and influence of foreign and American management executives employed by foreign firms;

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(8) analyze the ettect of Federal, regional, State, and local laws, rules, regulations, controls, and policies on foreign direct investment activities in the United States; (9) compare the purpose and effect of United States, State, and local laws, rules, regulations, programs, and policies on foreign direct investment in the United States with laws, rules, regulations, programs, and policies of selected nations and areas where such comparison may be informative; (10) compare and contrast the foreign direct investment activities in the United States with the investment activities of American investors abroad and appraise the impact of such American activities abroad on the investment activities and policies of foreign firms in the United States; (11) study the adequacy of information, disclosure, and reporting requirements and procedures; (12) determine the effects of variations between accounting, financial reporting, and other business practices of xlmerican and foreign investors on foreign investment activities in the United States; and (13) study and recommend means whereby information and statistics on foreign direct investment activities can be kept current. SEC. 6. The Secretary of the Treasury shall carry out that part of ^^f °^'ent°stud"° the study authorized in section 2 of this Act relating to foreign port15 USC v'sb folio investment, and shall, to the extent he determines feasible, "°te. specifically—• (1) investigate and review the nature, scope, and magnitude of foreign portfolio investment activities in the United States; (2) survey the reasons for foreign portfolio investment in the United States; (3) identify the processes and mechanisms through which foreign portfolio investment is made in the United States, the financing methods used, and the effects of foreign portfolio investment on American financial markets; (4) analyze the effects of foieign portfolio investment on the United States balance of payments and the United States international investment position; (5) study and analyze the concentration and distribution of foreign portfolio investment in specific United States economic sectors; (6) study the effect of Federal securities laws, rules, regulations, and policies on foreign portfolio investment activities in the United States; (7) compare the purpose and effect of United States, State, and local laws, rules, regulations, programs, and policies on foreign portfolio investment in the United States with laws, rules, regulations, programs, and policies of selected nations and areas where such comparison may be informative; (8) compare the foreign portfolio investment activities in the United States with information available on the portfolio investment activities of American investors abroad; (9) study adequacy of information, disclosures, and reporting requirements and procedures; and (10) study and recommend means w'hereby information and statistics on foreign portfolio investment activities can be kept current.

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[88

STAT.

POWERS Rules and regulations. IS u s e 78b note. R e c o r d s, maintenance and availability.

Notice.

Expiration of authority.

Information, restrictions on accessibility.

SEC. 7. (a) The Secretary of Commerce and the Secretary of the Treasury may each by regulation establish whatever rules each deems necessary to carry out each of his functions under this Act. (b) Each such Secretary may require any person subject to the jurisdiction of the United States— (1) to maintain a complete record of any information (including journals or other books of original entry, minute books, stock transfer records, lists of shareholders, or financial statements) which such Secretary determines is germane to his functions in the foreign direct investment and foreign portfolio investment studies to be conducted pursuant to this Act; and (2) to furnish under oath any report containing whatever information such Secretary determines is necessary to carry out his functions in such studies. Whenever an order under clause (2) of this subsection requires a person to produce information which can be specifically identified as being part of the records of its customers, the Secretary shall, upon being provided the names and addresses of such customers, send a notice to such customers that information from their records will be disclosed pursuant to this Act; Provided, That this requirement shall not apply when such person is directly involved in the ownership or management of assets for the customer as nominee, agent, partner, fiduciary, trustee, or in a similar relationship. The authority of each Secretary under this subsection shall expire on the date provided under section 10 of this Act for the Secretary of Commerce and the Secretary of the Treasury to submit a full and complete report to the Congress. (c) I n addition to the Secretary of Commerce and the Secretary of the Treasury, the only individuals who may have access to information furnished under subsection (b)(2) are those sworn employees, including consultants, of the Department of Commerce or Department of the Treasury designated by the Secretary of either such Department. Neither such Secretary nor any such employee may— (1) use any information furnished under subsection (b)(2) except for analytical or statistical purposes within the United States Government; or (2) publish, or make available to any other person in any manner, any such information in a manner that the information furnished under subsection (b)(2) by any person can be specifically identified, except for the purposes of a proceeding under section 8. Such Secretaries may exchange any such information furnished under subsection (b)(2) in order to prevent any duplication or omission in the studies conducted by each such Secretary pursuant to this Act. (d) Except for the requirement under subsection (b)(2), no agency of the United States or employee thereof may compel (1) the Secretary of Commerce or the Secretary of the Treasury, (2) any individual designated by either such Secretary under the first sentence of subsection (c), or (3) any person which maintained or furnished any report under subsection (b), to submit any such report or constituent part thereof to that agency or any other agency of the United States. Without the prior written consent of the person which maintained or furnished any report under subsection (b) and without the prior written consent of the customer, where the person maintained or furnished any such report which included information identifiable as being

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derived from the records of such customer, such report or any such constituent part may not be produced for any judicial or administrative proceeding, except for a proceeding under section 8(b) of this

Act. ENFORCEMENT

SEC. 8. (a) Whoever fails to furnish any information required pursuant to the authority of this Act, whether required to be furnished in the form of a report or otherwise, or to comply with any rule, regulation, order, or instruction promulgated pursuant to the authority of this Act may be assessed a civil penalty not exceeding $10,000 in a proceeding brought under subsection (b) of this section. (b) Whenever it appears to either the Secretary of the Treasury or the Secretary of Commerce that any person has failed to furnish any information required pursuant to the provisions of this Act, whether required to be furnished in the form of a report or otherwise, or has failed to comply with any rule, regulation, order, or instruction promulgated pursuant to the authority of this Act, such Secretary may in his discretion bring an action, m the proper district court of the United States or the proper United States court of any territory or other place subject to the jurisdiction of the United States, seeking a mandatory injunction commanding such person to comply with such rule, regulation, order, or instruction, and upon a proper showing by such Secretary of the relevance to the purposes of the Act of such rule, regulation, order, or instruction, a permanent or temporary injunction or restraining order shall be granted without bond, and such person may also be subject to the civil penalty provided in subsection (a) of this section if the judge finds that such penalty is necessary to obtain compliance with such injunction or restraining order. (c) Whoever willfully fails to submit any information required pursuant to this Act, whether required to be furnished in the form of a report or otherwise, or willfully violates any rule, regulation, order, or instruction promulgated pursuant to the authority of this Act shall, upon conviction, be fined not more than $10,000 or, if a natural person, may be imprisoned for not more than one year or both; and any officer, director, or agent of any corporation who knowingly participates in such violation may be punished by a like fine, imprisonment, or both. SEC. 9. (a) The Secretary of Commerce and the Secretary of the Treasury may procure the temporary or intermittent services of experts and consultants in accordance with the provisions of section 3109 of title 5, United States Code. Persons so employed shall receive compensation at a rate to be fixed by the Secretaries concerned but not in excess of the maximum amount payable under such section. While away from his home or regular place of business and engaged in the performance of services for the Department of Commerce or the Department of the Treasury in conjunction with the provisions of this Act, any such person may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703(b) of title 5, United States Code, for persons in the Government service employed intermittently. (b) The Secretary of Commerce and the Secretary of the Treasury are authorized, on a reimbursable basis when appropriate, to use the available services, equipment, personnel, and facilities of any agency or instrumentality of the Federal Government in conjunction with the study authorized in this Act. SEC. 10. The Secretary of Commerce and the Secretary of the Treasury shall submit to the Congress an interim report twelve months after the date of enactment of this Act, and not later than one and one-

Civil penalty. 15 USC 78b note.

Criminal p e n a l t y.

Experts and consultants. 15 USC 78b note. Compensation.

Federal government f a c i l i t i e s.

Report to Congress. 15 USC 78b note.

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Appropriation.

15 USC 78b

note.

PUBLIC LAW 93-480-OCT. 26, 1974

[88 STAT.

half years after enactment of this Act, a full and complete report of the findings made under the study authorized by this Act, together with such recommendations as they consider appropriate. SEC. 11. There is authorized to be appropriated a sum not to exceed $3,000,000 to carry out the purposes of this Act. Any funds so appropriated shall remain available until expended. Approved October 26, 1974. Public Law 93-480

October 26, 1974 [H. R.11452]

Crude feathers and downs, duty rate; personal holding company, income e x c l u s i o n; health insurance for the aged.

AN ACT To correct an anomaly in the rate of duty applicable to crude feathers and downs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subpart B of part 1 of the Appendix to the Tariff Schedules of the United States (19 U.S.C. 1202) is amended by inserting immediately before item 903.90 the following new items: Feathers and downs, whether or not on the skin, crude, sorted (including feathers simply strung for convenience in handling or transportation), treated, or both sorted and treated, but not otherwise processed (provided for in item 186.15, part 15D, schedule 1): Meeting both test methods 4 and 10.1 of Federal Standard 148a promulgated by the General Services Administration.. Free 903.80

Effective date. 19 USC 1202 note.

Corporations, consolidated returns. 26 USC 542.

Other

Free

No change Free

On or before 6/30/79 On or before 6/30/79

SEC. 2. The amendment made by the first section of this Act shall apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after the 180th day after the date of the enactment of this Act. SEC. 3. (a) Section 542(b) of the Internal Revenue Code of 1954 (relating to corporations filing consolidated returns) is amended by adding at the end thereof the following new paragraph: " (5) CERTAIN DIVIDEND INCOME RECEIVED FROM A NONINCLUDIBLE LIFE

26 USC 542 note. Health insurance for the aged, c o v e r a g e, exclusion. 42 USC 1395y. Report to congressional committees. 42 USC 1395y note.

INSURANCE COMPANY.—In the case of an affiliated group of corporations filing or required to file a consolidated return under section 1501 for any taxable year, there shall be excluded from consolidated personal holding company income and consolidated adjusted ordinary gross income for purposes of this part dividends received by a member of the affiliated group from a life insurance company taxable under section 802 that is not a member of the affiliated group solely by reason of the application of paragraph (2) of subsection (b) of section 1504.". (b) The amendment made by this section shall apply to taxable years beginning after December 31, 1973. S E C 4. (a) Section 1862(c) of the Social Security Act is amended by striking out "January 1, 1975" and inserting in lieu thereof "January 1, 1976". (b) The Civil Service Commission and the Secretary of Health, Education, and Welfare shall submit to the Committee on Post Office and Civil Service and the Committee on Ways and Means of the House of Representatives, and to the Committee on Post Office and Civil Service and the Committee on Finance of the Senate, on or before March 1, 1975, a report on the steps which have been taken, and the

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STAT.]

PUBLIC LAW 93-481-OCT. 26, 1974

steps which are planned, to enable the Secretary of Health, Education, and Welfare to make the determination and certification referred to in section 1862(c) of the Social Security Act. If such report is not submitted to such committees on or before March 1, 1975, the date specified in such section (as amended by this section) shall be deemed to be July 1, 1975, rather than January 1, 1976. Approved October 26, 1974.

1455

42 USC 139Sy.

Public Law 93-481 AN ACT To amend the Controlled Substances Act to extend for three fiscal years the authorizations of appropriations for the administration and enforcement of that Act.

Be it enacted by the Senate and House of Representatives of the United: States of America in Congress assembled., That section 709 of the Controlled Substances Act (21 U.S.C. 904) is amended to read as follows: "AUTHORIZATIONS or

October 26, 1974 [S.3355]

Controlled Subs t a n c e s Act, amendment.

APPROPRIATIONS

"SEC. 709. (a) There are authorized to be appropriated $105,000,000 for the fiscal year ending June 30, 1975, $175,000,000 for the fiscal year ending June 30, 1976, and $200,000,000 for the fiscal year ending June 30, 1977, for the expenses of the Department of Justice (other (han its expenses incurred in connection with carrying out section 103 (a)) in carrying out its functions under this title. "(b) No funds appropriated under any other provision of this Act may be used for the expenses of the Department of Justice for which funds are authorized to be appropriated by subsection (a) of this section.". SEC. 2. Section 702 of the Controlled Substances Act is amended by adding at the end thereof the following new subsection: " (d) Notwithstanding subsection (a) of this section or section 1103, section 4202 of title 18, United States Code, shall apply to any individual convicted under any of the laws repealed by this title or title III without regard to the terms of any sentence imposed on such individual under such law." SEC. 3. Section 509 of the Controlled Substances Act (21 U.S.C. 879) is amended by striking o u t " (a) " and subsection (b). SEC. 4. (a) Subchapter VI of chapter 6 of title 23 of the District of Columbia Code is repealed and the analysis of such chapter is amended by striking out the item relating to such subchapter. (b) Section 23-521 (f) of such title 23 is amended— (1) by inserting "and" at the end of paragraph (5), and (2) by striking out paragraph (6) and redesignating paragraph (7) as paragraph (6). (c) Section 23-522(c) of such title 23 is amended to read as follows: "(c) The application may also contain a request that the search warrant be made executable at any hour of the day or night upon the ground that there is probable cause to believe that (1) it cannot be executed during the hours of daylight, (2) the property sought is likely to be removed or destroyed if not seized forthwith, or (3) the property sought is not likely to be found except at certain times or in certain circumstances. Any request made pursuant to this subsection must be accompanied and supported by allegations of fact supporting such request."

21 USC 803.

Savings provision. 21 USC 321 note. 21 USC 171 note. 21 USC 1161.

Repeal. D. e. Code 23591. Search warrants. D. e. Code 23521. Application. D. e. Code 23522.

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E x e c u t i o n of search warrants. D.C. Code 2 3 524. Repeal. D.C. Code 23561.

[88 STAT.

(d) Section 23-524 (a) of such title 23 is amended to read as follows: " (a) An officer executing a warrant directing a search of a dwelling house or other building or a vehicle shall execute such warrant in accordance with section 3109 of title 18, United States Code." (e) The last sentence of section 23-561 (b)(1) of such title 23 is repealed. SEC. 5. Section 1114 of title 18, United States G)de, is amended by striking out "Bureau of Narcotics and Dangerous Drugs" and inserting in lieu thereof "Drug Enforcement Administration". Approved October 26, 1974. Public Law 93-482

October 26, 1974 [H. R. 1 1 2 5 1 ]

Methanol, duty s u s p e n s i o n; Internal Revenue C o d e of 1954, amendments.

AN ACT To amend the Tariff Schedules of the United States to provide for the duty-free entry of methanol imported for use as fuel, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subpart D of part 2 of schedule 4 of the Tariff Schedules of the United States (19 U.S.C. 1202) is amended by striking out item 427.96 and inserting in lieu thereof the following: 427. 96 427.97

Effective

date.

19 USC 1202 note. Duty r a t e s.

Corporations, qualified export assets. 26 USC 9 9 3.

26 USC note.

993

Low income rental housing, rehabilitation expenditures.

26 USC 167 note.

Methyl: I Imported only for use in producing synthetic natural gas (SNQ) or for direct use as a fuel Free Other I 7.60 per gal.

180 per! 180 per(

SEC. 2. (a) The amendments made by the first section of this Act shall apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after the date of the enactment of this Act. (b) The rates of duty in rate column numbered 1 of the Tariff Schedules of the United States (as amended by the first section of this Act) shall be treated as not having the status of statutory provisions enacted by the Congress, but as having been proclaimed by the President as being required or appropriate to carry out foreign trade agreements to which the United States is a party. SEC. 3. (a) Section 993(b)(3) of the Internal Revenue Code of 1954 (relating to qualified export assets) is amended by striking out "such corporation" and inserting in lieu thereof "such corporation or of another corporation which is a D I S C and which is a member of a controlled group which includes such corporation". (b) The amendment made by subsection (a) applies to taxable years beginning after December 31, 1973. The amendment shall, at the election of the taxpayer made within 90 days after the date of enactment of this Act, also apply to any taxable year beginning after December 31, 1971, and before January 1, 1974. SEC. 4. Notwithstanding the provisions of section 167(k)(1) of the Internal Revenue Code of 1954 (relating to depreciation of expenditures to rehabilitate low income rental housing), the provisions of section 167(k) shall apply with respect to rehabilitation expenditures incurred with respect to low income rental housing after December 31, 1974, and before January 1, 1978, if such expenditures are incurred pursuant to a binding contract entered into before December 31, 1974. Approved October 26, 1974.

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1457

PUBLIC LAW 93-483-OCT. 26, 1974

Public Law 93-483 AN ACT

To suspend until the close of June 30, 1!)75, the duty on certain carboxymethyl cellulose salts, and for other purposes. Be It enacted by the Senate and House of Representatives of flic United States of America in Congress assembled, That subpart B of part 1 of the Appendix to the Tariff Schedules of the United States (19 U.S.C. 1202) is amended by insertintr immediately after item 905.31 the followinjr new item: 907. 60

C a r b o x y m e t h y l cellulose sodium salts of a p u r i t y not exceeding 98 percent nor less than 95 percent by weight on a d r y weight basis (provided for in item 465.87, part 8A, schedule 4)

Free

N o change

October 26, 1974 [H. R. 12035]

C a r b ox y m e t h y l cellulose salts, duty suspension; Internal Revenue C o d e of 1954, amendments.

On or before 6/30/75.

SEC. 2. The amendment made by the first section of this Act shall apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after the day after the date of the enactment of this Act. SEC, 3. (a) Section 2055(e) of the Internal Revenue Code of 1954 (relating to the disallowance of deductions in certain cases) is amended by adding at the end thereof the following new paragraph: ''(3) In the case of a will executed before September 21, 1974, or a trust created before such date, if a deduction is not allowable at the time of the decedent's death because of the failure of an interest in property which passes from the decedent to a person, or for a use, described in subsection (a), to meet the requirements of subparagraph (A) of paragraph (2) of this subsection, and if the governing instrument is amended or conformed on or before December 31, 1975, or, if later, on or before the 30th day after the date on which judicial proceedings begun on or before December 31, 1975 (which are required to amend or conform the governing instrument), become final, so that the interest is in a trust which is a charitable remainder annuity trust, a charitable remainder unitrust (described in section 64), or a pooled income fund (described in section 642(c)(5)), a deduction shall nevertheless be allowed. The Secretary or his delegate may, by regulation, provide for the application of the provisions of this paragraph to trusts whose governing instruments are amended or conformed in accordance with this paragraph, and such regulations may provide for any adjustments in the application of the provisions of section 508 (relating to special rules with respect to section 501(c)(3) organizations), subchapter J (relating to estates, trusts, beneficiaries, and decedents), and chapter 42 (relating to private foundations), to such trusts made necessary by the application of this paragraph. If, by the due date for the filing of an estate tax return (including any extension thereof), the interest is in a charitable trust which, upon allowance of a deduction, would be described in section 4947(a)(1), or the interest passes directly to a person or for a use described in subsection (a), a deduction shall be allowed as if the governing instrument was amended or conformed under this paragraph. If the amendment or conformation of the governing instrument is made after the due date for the filing of the estate tax return (including any extension thereof), the deduction shall be allowed upon the filing of a timely claim for credit or refund (as provided for in section 6511) of an overpayment resulting from the application of this paragraph. In the case of a credit or refund as a result

Effective date, 19 USC 1 2 0 2 note.

D i s a l l o w a n c e of deductions. 26 USC 2 0 5 5.

26 USC

664.

26 USC

642.

26 USC

508.

26 USC 5 0 1, 26 USC 6 4 1. 26 USC 4 9 4 0.

26 USC

4947.

26 USC

6511.

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 1458

26 USC 2055

note

PUBLIC LAW 93-483-OCT. 26, 1974

[88 STAT.

of an amendment or conformation made pursuant to this paragraph, no interest shall be allowed for the period prior to the expiration of the 180th day after the date on which the claim for credit or refund is filed." Q^^ rpj^g, amendment made by subsection (a) shall apply with respect to estates of decedents dying after December 31.1969.

SEC. 4. APPLICATION OF SECTION 117 TO CERTAIN EDUCATION PROGRAMS FOR MEMBERS OF THE UNIFORMED SERVICES. 26 USC 117

note.

26 USC 151. 26 USC 117.

26 USC 832.

(a) IN GENERAL.—Any amount received from appropriated funds as a scholarship, including the value of contributed services and accommodations, by a member of a uniformed service who is receiving training under the Armed Forces Health Professions Scholarship Program (or any other program determined by the Secretary of the Treasury or his delegate to have substantially similar objectives) from an educational institution (as defined in section 151(e)(4) of the Internal Revenue Code of 1954) shall be treated as a scholarship under section 117 of such Code, whether that member is receiving training while on active duty or in an off-duty or inactive status, and without regard to whether a period of active duty is required of the member as a condition of receiving those payments. (b) DEFINITION OF UNIFORMED SERVICES.—For purposes of this section, the term "uniformed service" has the meaning given it by section 101(3) of title 37, United States Code. (c) EFFECTIVE DATE.-—The provisions of this section shall apply with respect to amounts received during calendar years 1973, 1974, and 1975. gj,^. 5. Section 832(e) of the Internal Revenue Code of 1954 (relating to special deduction and income account in the case of certain insurance companies) is amended by inserting after paragraph (5) the following new paragraph: "(6)

LEASE GUARANTY INSURANCE; INSURANCE OF STATE AND

LOCAL OBLIGATIONS.—In the case of any taxable year beginning after December 31, 1970, the provisions of this subsection shall also apply in all respects tx) a company which writes lease guaranty insurance or insurance on obligations the interest on which is 26 USC 103. excludable from gross income under section 103, I n applying this subsection to such a company, any reference to mortgage guaranty insurance contained in this section shall be deemed to be a reference also to lease guaranty insurance and to insurance on obligations the interest on which is excludable from gross income under section 103; and in the case of insurance on obligations the interest on which is excludable from gross income under L o s s e s resultsection 103. the references in paragraph (1) to 'losses resulting from adverse economic cycles. ing from adverse economic cycles' include losses from declining revenues related to such obligations (as well as losses resulting from adverse economic cycles), and the time specified in subparagraph (A) of paragraph (5) shall be the twentieth preceding taxable year.". 26 USC 62. g^^ g (^^ Section 62 of the Internal Revenue Code of 1954 is amended by inserting after paragraph (10) the following new paragraph: " (11) PENALTIES FORFEITED BECAUSE OF PREMATURE WITHDRAWAL OF FUNDS FROM TIME SAVINGS ACCOUNTS OR DEPOSITS.—The deduc-

26 USC 165.

tions allowed by section 165 for losses incurred in any transaction entered into for profit, though not connected with a trade or business to the extent that such losses include amounts forfeited to a

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 88

STAT.]

PUBLIC LAW 93-484-OCT. 26, 1974

1459

bank, mutual savings bank, savings and loan association, building and loan association, cooperative bank or homestead association as a penalty for premature withdrawal of funds from a time savings account, certificate of deposit, or similar class of deposit." (b) The amendment made by this section applies to taxable years beginning after December 31, 1972. Approved October 26, 1974.

26 USC 62 note.

Public Law 93-484 AN ACT To suspend for a temporary period the import duty on certain horses, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subpart B of part 1 of the appendix to the Tariff Schedules of the United States (19 U.S.C. 1202) is amended by inserting immediately before item 903.90 the following new items:

903.50 903.51

Horses, other than for Immediate slaughter (provided for in part 1, schedule 1): Valued not over $150 per head (item 100.73)

Free

No change

Free

No change

H o r s e s, duty s u s p e n s i o n; Social Security Act, amendments.

On or before

Valued over $150 per head (item 100.74).

October 26, 1974 [H. R. 13631]

On or before 6/30/76

SEC. 2. The amendment made by the first section of this Act shall %^^\^sc\202^' apply with respect to articles entered, or withdrawn from warehouse, note. for consumption on or after the date of the enactment of this Act. Provider ReimSEC. 3. (a) Section 1878(f) of the Social Security Act is amended bursement Review to read as follows: Board, d e c i s i o n s, " (f)(1) A decision of the Board shall be final unless the Secretary, review.s e 13950C). 42 u on his own motion, and within 60 days after the provider of services is notified of the Board's decision, reverses, affirms, or modifies the Board's decision. Providers shall have the right to obtain judicial review of any final decision of the Board, or of any reversal, affirmance, or modification by the Secretary, by a civil action commenced within 60 days of the date on which notice of any final decision by the Board or of any reversal, affirmance, or modification by the Secretary is received. Such action shall be brought in the district court of the United States for the judicial district in which the provider is located or in the District Court for the District of Columbia and shall be tried pursuant to the applicable provisions under chapter 7 of title 5, United States Code, notwithstanding any other provisions 5 USC 701. in section 205. 42 USC 405. " (2) Where a provider seeks judicial review pursuant to paragraph J u d i c i a l review. (1), the amount in controversy shall be subject to annual interest beginning on the first day of the first month beginning after the 180day period as determined pursuant to subsection (a)(3) and equal to the rate of return on equity capital established by regulation pursuant to section 1861(v)(1)(B) and in effect at the time the civil action 42 USC 1395X. authorized under paragraph (1) is commenced, to be awarded by the reviewing court in favor of the prevailing party. "(3) No interest awarded pursuant to paragraph (2) shall be deemed income or cost for the purposes of determining reimbursement due providers under this Act." 42 (b) The amendment made by subsection (a) shall be applicable to note. u s e 139500 cost reports of providers of services for accounting periods ending on or after June 30, 1973.

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 1460 Benefits for aged, blind, and d i s a b l e d, unearned income. 42 USC 1382a note. 42 USC 1382a.

PUBLIC LAW 93-485-OCT. 26, 1974

[88 STAT.

SEC. 4. Effective January 1, 1974, section 1612(a)(2)(A) of the Social Security Act is amended— (1) by inserting " (i) " immediately after "except that"; and (2) by inserting immediately before the semicolon at the end of the subparagraph the following: "and (ii) in the case of any individual or his eligible spouse who resides in a nonprofit retirement home or similar nonprofit institution, support and maintenance shall not be included to the extent that it is furnished to such individual or such spouse without such institution receiving payment therefor (unless such institution has expressly undertaken an obligation to furnish full support and maintenance to such individual or spouse without any current or future payment therefor) or payment therefor is made by another nonprofit organization". Approved October 26, 1974. Public Law 93-485

October 26, 1974 [S.3698]

Atomic Energy Act of 1954, amendment. 42 USC 2153. Agreements for cooperation, submittal to Congress. 42 USC 2 1 2 1, 2164. 42 USC 2073, 2074, 2133, 2134.

Report to Congress.

42 USC 2153 note.

AN ACT To amend the Atomic Energy Act of 1954, as amended, to enable Congress to concur in or disapprove international agreements for cooperation in regard to certain nuclear technology.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection 123 d. of the Atomic Energy Act of 1954, as amended, is revised to read as follows: "d. The proposed agreement for cooperation, together with the approval and determination of the President, if arranged pursuant to subsection 91 c, 144 b., or 144 c, or if entailing implementation of sections 53, 54, 103, or 104 in relation to a reactor that may be capable of producing more than five thermal megawatts or special nuclear material for use in connection therewith, has been submitted to the Congress and referred to the Joint Committee and a period of sixty days has elapsed while Congress is in session (in computing such sixty days, there shall be excluded the days on which either House is not in session because of an adjournment of more than three days), but any such proposed agreement for cooperation shall not become effective if during such sixty-day period the Congress passes a concurrent resolution stating in substance that it does not favor the proposed agreement for cooperation: Provided, That prior to the elapse of the first thirty days of any such sixty-day period the Joint Committee shall submit a report to the Congress of its views and recommendations respecting the proposed agreement and an accompanying proposed concurrent resolution stating in substance that the Congress favors, or does not favor, as the case may be, the proposed agreement for cooperation. Any such concurrent resolution so reported shall become the pending business of the House in question (in the case of the Senate the time for debate shall be equally divided between the proponents and the opponents) within twenty-five days and shall be voted on within five calendar days thereafter, unless such House shall otherwise determine.". SEC. 2. This Act shall apply to proposed agreements for cooperation and to proposed amendments to agreements for cooperation hereafter submitted to the Congress. Approved October 26, 1974.

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1461

PUBLIC LAW 93-486-OCT. 26, 1974

Public Law 93-486 AN ACT To provide for the establishment of the Clara Barton National Historic Site, Maryland; John Day Fossil Beds National Monument, Oregon; Knife River Indian Villages National Historic Site, North Dakota; Springfield Armory National Historic Site, Massachusetts; Tuskegee Institute National Historic Site, Alabama; Martin Van Buren National Historic Site, New York; and Sewall-Belmont House National Historic Site, Washington, District of Columbia; and for other purposes. Be it enacted by the Senate and House of Representatives United States of America in Congress assembled,

October 26, 1974 [H. R.13157]

of the

TITLE I SEC. 101. (a) Unless otherwise provided hereafter, the Secretary of the Interior (hereinafter referred to as the "Secretary") is authorized to acquire by purchase with donated or appropriated funds, donation, exchange, or by transfer from another Federal agency such lands and interests in lands as hereafter provided for establishment as units of the national park system, as follows: (1) for establishment as the Clara Barton National Historic Site, INfaryland, those lands depicted on the map entitled "Boundary Map, Clara Barton National Historic Site, Maryland", mimbered N H S - C L B A 90,001 and dated February 1974, which shall include the land and improvements occupied by Clara Barton, founder of the American Red Cross, located at 5801 Oxford Road, Glen Echo, Maryland: Provided, That the above-mentioned land and improvements may be acquired only by donation: And provided, further. That the donation of any privately owned lands within the historic site may not be accepted unless and until the property is vacant; (2) for establishment as the John Da}' Fossil Beds National Monument, Oregon, those lands depicted on the map entitled "Boundary Map, John Day Fossil Beds National Monument", numbered NM-JDFB-20,014-A and dated June 1971: Provided, That the national monument shall not be established unless and until the State of Oregon donates or agrees to donate the Thomas Condon-John Day Fossil Beds, Clarno, and Painted Hills State P a r k s: Provided further, That the Secretary shall not acquire a fee title interest to more than one thousand acres of privately owned lands except by donation or exchange: Provided further. That the Secretary shall designate the principal visitor center as the "Thomas Condon Visitor Center"; (3) for establishment as the Knife River Indian Villages National Historic Site, North Dakota, those lands depicted on the map entitled "Boundary Map, Knife River Indian Villages National Historic Site, North Dakota", numbered 468-20,012 and dated July 1970; (4) for establishment as the Springfield Armory National Historic Site, Massachusetts, those lands depicted on the map entitled "Boundary Map, Springfield Armory National Historic Site, Massachusetts", numbered NHS-SPAR-91,003 and dated January 1974, the oldest manufacturing arsenal in the United States: Provided, That the historic site shall not be established unless an agreement is executed which will assure the historical integrity of the site and until such lands as are needed for the historic site are donated for this purpose;

Historic s i t e s and national monument. Establishment. Land acquisition.

Clara Barton National Historic Site, Md. 16 USC 461 note.

J o h n Day F o s s i l B e d s National Monument, Greg. 16 USC 431 note.

Thomas Condon Visitor Center, designation. Knife River Indian V i l l a g e s National Historic Site, N. Dak. 16 USC 461 note. Springfield Armory National Historic Site, .Mass. 16 USC 461 note.

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 1462 T u s k e g e e Institute National Historic Site, Ala. 16 USC 461 note.

Martin Van Buren National Historic Site, N.Y. 16 USC 461 note.

P e r s o n a l property, acquisition.

Notice to congressional committees.

Publication in Federal R e g i s t e r.

Administration.

16 USC 1. 16 USC 461. T u s k e g e e Institute National Historic S i t e, road construction.

Appropriation.

PUBLIC LAW 93-486-OCT. 26, 1974

[88 STAT.

(5) for establishment as the Tuskegee Institute National Historic Site, Alabamba, those lands depicted on the map entitled "Boundary Map, Tuskegee Institute National Historic Site, Alabama", numbered N H S - T I 20,000-C and dated September 1973, which shall include the home of Booker T. Washington, the Carver Museum, and an antebellum property adjacent to the campus of Tuskegee Institute, known as Grey Columns; and (6) for establishment as the Martin Van Buren National Historic Site, New York, those lands depicted on the map entitled "Boundary Map, Martin Van Buren National Historic Site, New York", numbered NHS-MAVA-91,001 and dated January 1974, which shall include the home of Martin Van Buren, eighth President of the United States. (b) The Secretary may also acquire personal property associated with the areas referred to in subsection (a) of this section. Lands and interests therein owned by a State or any political subdivision thereof which are acquired for the purposes of subsection (a) of this section may be acquired only by donation. SEC. 102. (a) When the Secretary determines that an adequate interest in lands has been acquired to constitute an administrable unit for each of the areas described in section 1 of this Act, he may, after notifying the Committees on Interior and Insular Affairs of the United States Congress of his intention to do so at least fourteen days in advance, declare the establishment of such unit by publication of a notice to that effect in the Federal Register. Such notice shall contain a map or other description of the boundaries of the unit, together with an explanation of the interests acquired and the costs incident thereto. The Secretary may refrain from acquiring property for establishment of any unit authorized by this Act where, in his judgment, satisfactory ogreements or donations with respect to properties which are needed for the protection and administration of a particular unit have not been consummated with the owners of such properties. (b) Pending the establishment of each unit and, thereafter, the Secretary shall administer the property acquired pursuant to this Act in accordance with the provisions of the Act of August 25, 1916 (39 Stat. 535), as amended and supplemented, and, to the extent applicable, the provisions of the Act of August 21, 1935 (49 Stat. 666), as amended. SEC. 103. Notwithstanding any other provision of law, the Secretary is authorized to construct roads on real property in non-Federal ownership within the boundaries of the Tuskegee Institute National Historic Site. Any roads so constructed shall be controlled and maintained by the owners of the real property. SEC. 104. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act, not to exceed, however, the following: (a) Clara Barton National Historic Site, $812,000 for acquisition of lands and interests in lands and for development; (b) John Day Fossil Beds National Monument, $400,000 for the acquisition of lands and interests in lands and $4,435,200 for development; (c) Knife River Indian Villages National Historic Site, $600,000 for the acquisition of lands and interests in lands and $2,268,000 for development: (d) Springfield Armory National Historic Site, $5,300,000 for development;

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 88 STAT. ]

PUBLIC LAW 93-487-OCT. 26, 1974

(e) Tuskegee Institute National Historic Site, $185,000 for acquisition of lands and interests in lands and $2,722,000 development; and (f) Martin Van Buren National Historic Site, $213,000 acquisition of lands and interests in lands and $2,737,000 development. TITLE II

1463 the for for for

SEC. 201. I n order to preserve for the benefit and inspiration of the people of the United States as a national historic site, the SewallBelmont House within the District of Cohimbia, the Secretary of the Interior is authorized to enter into a cooperative agreement to assist in the preservation and interpretation of such house. SEC. 202. The property subject to cooperative agreement pursuant to section 101 of this Act is hereby designated as the "Sewall-Belmont House National Historic Site". SEC. 203. The cooperative agreement shall contain, but shall not be limited to, provisions that the Secretary, through the National Park Service, shall have right of access at all reasonable times to all public portions of the property covered by such agreement for the purpose of conducting visitors through such property and interpreting it to the public, that no changes or alterations shall be made in such property except by mutual agreement between the Secretary and the other parties to such agreement. The agreement may contain specific provisions which outline in detail the extent of the participation by the Secretary in the restoration, preservation, and maintenance of the historic site. SEC. 204. There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act, but not to exceed $500,000. Approved October 26, 1974.

Sewall-Belmorit House National

Historic sue ^c-

^J^^ u^^ 46i cooperative ^e-'^ement.

Appropriation.

Public Law 93-487 AN ACT

To amend the Intercoastal Shipping Act, 1933. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 5 of the Intercoastal Shipping Act, 1933, as amended (46 U.S.C. 845b), is amended by changing the period to a comma at the end and adding the words: "and shall apply to the carriage, storage or handling oi property for the United States, State or municipal governments, or for charitable purposes.". SEC. 2. Section 6 of the Intercoastal Shipping Act, 1933, as amended (46 U.S.C. 846), is deleted. Approved October 26, 1974.

October 26, 1974 [H. R. 13561]

intercoastai T^ztHenLent.

'

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 1464

PUBLIC LAW 93-488-OCT. 26, 1974

[88 STAT.

Public Law 93October 26, 1974 [S. J, Res. 250]

45 USC 701 note.

Regional Rail Reorganization Act of 1973, amendments.

45 USC 724.

45 USC 762.

Rail services continuation subsidies, eligibility.

JOINT RESOLUTION To extend the Regional Rail Reorganization Act's reporting date, and for other purposes.

Whereas the Senate and Congress recently enacted major reorganization legislation to prevent economic disaster in the area served by the Penn Central Railroad and six other bankrupt Class I railroads (Regional Rail Reorganization Act of 1973, Public Law 93-236); and Whereas such legislation provided for the immediate establishment of a new entity, the United States Railway Association, to plan such reorganization and to adopt and release a "preliminary system plan" within 300 days after the enactment of the legislation, and to prepare and submit the "final system plan" to the directors of the Association within 420 days after enactment, pursuant to a funding authorization not to exceed $26,000,000; and Whereas, as a result of circumstances not within the control of the Congress or the United States Railway Association, the Association was unable to commence full-scale operations until more than four months later than was contemplated in the legislation; and Whereas the Association will not be able to prepare reorganization plans for an efficient, adequate, safe, and reliable rail transportation system in the Midwest and Northeast region of the United States unless it is granted an additional 120 days in which to adopt the preliminary system plan and an additional 120 days in which to prepare the final system plan and authorization for funding for such additional period; and Whereas such legislation provided a system of rail service continuation subsidies so that shippers and local and State governments could, on a matching basis with the Federal Government, continue rail service on selected lines within a State which might not otherwise continue to be operated; and Whereas confusion has been engendered by the failure to include in such legislation a definition of which rail services are eligible for such subsidies: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assemhted, That (a) section 207(a)(1) of the Regional Rail Reorganization Act of 1973 (87 Stat. 985) is amended by striking the figure "300" in the first sentence thereof and substituting therefor the figure "420". (b) Section 207(c) of the Regional Rail Reorganization Act of 1973 (87 Stat. 985) is amended by striking the figure "420" in the first sentence thereof and substituting therefor the figure "540". (c) Section 214(c) of the Regional Rail Reorganization Act of 1973 (87 Stat. 985) is amended by strikinjr the figure "$26,000,000" and substituting therefor the figure "$40,000,000". (d) Section 402(c) of the Regional Rail Reorganization Act of 1973 (87 Stat. 985) is amended by inserting " (1) " before the first sentence thereof, redesignating paragraphs (1), (2), (3), and (4) as subparagraphs (A), (B), (C), and (D), respectively, and by adding the following new paragraph: "(2) Rail freight services eligible for rail service continuation subsidies pursuant to subsection (b) of this section are— " (A) those rail services of railroads in reorganization in the region which the final system plan does not designate to be continued; " (B) those rail services in the region which have been at any time during the 5 year period prior to the date of enactment of

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 88 STAT. ]

PUBLIC LAW 93-489-OCT. 26, 1974

this Act, or which are subsequent to the date of enactment of this Act, owned, leased, or operated by a State agency or a local or regional transportation authority or with respect to which a State, a political subdivision thereof, or a local or regional transportation authority has invested at any time during the 5 year period prior to the date of enactment of this Act, or invests subsequent to the date of enactment of this Act, substantial sums for improvement or maintenance of rail service; and " (C) those rail services in the region with respect to which the Commission issues a certificate of abandonment effective on or after the date of enactment of this Act.", (e) The last sentence of section 403(a) of the Act is amended to read: "Provided, however, That any rail service for which a State agency or local or regional transportation authority receives such loan is no longer eligible for a rail service continuation subsidy pursuant to section 402 of this title.". Approved October 26, 1974.

1465

^s use 763.

Ante, p. 1464.

Public Law 93-489 AN ACT

October 26, 1974

To declare that certain federally owned lands are held by the United States in trust for the Sisseton-Wahpeton Sioux Tribe of the Lake Traverse Indian Reservation in North and South Dakota.

^^' ^'^^^J

Be it enacted by the Senate avid House of Representatives of the United States of America in Congress assembled, That all right, title, and interest of the United States in and to land on the Lake Traverse Indian Reservation in North and South Dakota is hereby declared to be held by the United States in trust for the Sisseton-Wahpeton Sioux Tribe described as follows, to wit: (1) the southeast quarter of the southeast quarter of section 16, township 123 north, range 53 west of the fifth principal meridian, county of Day, State of South Dakota, containing 40 acres, more or less, and (2) the northwest quarter of the southeast quarter of section 4, township 123 north, range 51 west of the fifth principarmeridian, county of Roberts, State of South Dakota, containing 40 acres, more or less, and (3) the southwest quarter of the southwest quarter of the southwest quarter of section 15, township 126 north, range 52 west of the fifth principal meridian, county of Roberts, State of South Dakota, containing 10 acres, more or less, and (4) lots 13, 14, 15, and 16 of block 26, original plat of the town of Sisseton, county of Roberts, State of South Dakota, containing 0.24 acre, more or less. This conveyance is subject to all valid existing rights-of-way of record. SEC. 2. This conveyance is subject to the right of the United States to use and improve such portions of tracts numbered 1 and 2 as the Secretary of the Interior may determine for so long as may be necessary, but in no event to exceed 3 years. SEC. 3. The Indian Claims Commission is directed to determine in accordance with the provisions of the Act of August 13, 1946 (60 Stat. 1050), the extent to which the value of the title conveyed by this Act should or should not be set off against any claim against the United States determined by the Commission. Approved October 26, 1974.

Indians. ton sfo^ux'rribe'^^" N. Dak.-s. Dak. ^^""^^ ^" '^"'*Description.

Right-of-way. an"Cseof'certain lands. claims offset ^^^'" "•^• ^s use 70a.

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 1466

PUBLIC LAW 93-490-OCT. 26, 1974

[88 STAT.

Public Law 93-490 October 26, 1974

[H. R. 6642]

AN

ACT

To suspend the duties on certain bicycle parts and accessories until the close of December 31, 1976, 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) items series, duty sus- 912.05 and 912.10 of the Appendix to the Tariff Schedules of the Reven°uJ c"odroS United States (19 U.S.C. 1202) are each amended by striking out 195!"amendments. "12/31/73" and inseiting in lieu thereof "12/31/76". 19 USC 1202 (b) The amendments made by this section shall apply with respect "°*^' to articles entered, or withdrawn from warehouse, for consumption after December 31, 1973. Certain bicycle parts and a c c e s

SEC. 2. APPLICATION OF SECTION 82 A N D SECTION 217 TO MEMBERS OF UNIFORMED SERVICES. ^^26 USC 217

(a) jj^ GENERAL.—Notwithstanding the provisions of section 82 (relating to reimbursement for expenses of moving) and section 217 26 USC 82, 217. (relating to moving expenses), of the Internal Revenue Code of 1954, the Secretary of the Treasury, in the administration of those sections, is authorized— (1) to enter into an agreement with the Secretary concerned under which the Secretary concerned will not be required to withhold tax on, or to report, moving expense reimbursements made to members of the armed forces; (2) to permit any taxpayer who is a member of the armed forces not to include in adjusted gross income the amount of any reimbursement in kind of moving expenses made by the Secretary concerned; and (3) to permit any taxpayer who is a member of the armed forces to deduct any amount paid by him as moving expenses in connection with any move required by the Secretary concerned, in excess of any reimbursement received for such expenses, without regard to the provisions of section 217(c) (relating to conditions), to the extent it is otherwise deductible under section 217. (b) DEFINITIONS.—For purposes of this section, the term— (1) "armed forces" has the meaning given it by section 101(4) of title 37, United States Code; (2) "Secretary concerned" means the Secretary of Defense and, with respect to the Coast Guard, the Secretary of Transportation; and (3) "adjusted gross income" and "moving expenses" h a r e the meanings given them by sections 62 and 217(b), respectively, 26 USC 62. of the Internal Revenue Code of 1954. (c) Epi^cnvE DATE.—The provisions of this section shall apply with respect to taxable years ending before January 1, 1976. SEC. 3. REPEAL OF REGULATORY T A X E S ON FILLED CHEESE. Repeal. 26 USC 4 8 3 1.

Repeal. 26 USC 7236.

(a) IN GENERAL.—

(1) Part II of subchapter C of chapter 39 (relating to regulatory provisions affecting filled cheese) is repealed. (2) The table of parts of such subchapter is amended by striking out the item relating to part II. (b)

T E C H N I C A L AND CONFORMING C H A N G E S. —

(1) Section^236 (relating to false branding, etc.) is repealed.

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(2) The table of sections of part II of subchapter A of chapter 75 is amended by striking out the item relating to section 7236. (3) Section 7266 (relating to offenses relating to filled cheese) is repealed. . . (4) The table of sections of subchapter B of chapter 75 is amended by striking out the item relating to section 7266. (5) Section 7303 (relating to property subject to forfeiture) is amended by striking out paragraphs (4) and (5) and inserting in lieu thereof the following: " (4) PUECHASE OR RECEIPT OF ADULTERATED BUTTER.

26 USC 7236. Repeal. 26 USC 7266. ^^ ^sc 7303.

A l l articles

of adulterated butter (or the full value thereof) knowingly purchased or received by any person from any manufacturer or importer who has not paid the special tax provided in section 4821.

26 USC 4821.

" (5) PACKAGES OF OLEOMARGARINE.—All packages of oleomar-

garine subject to the tax under subchapter F of chapter 38 that shall be found without the stamps or marks provided for in that chapter.". (6) Section 6808 (relating to cross references) is amended by striking out paragraph (5). (7) Section 7103(d)(3) (relating to cross references) is amended by striking out subparagraph (C). (8) Section 7641 (relating to supervision of operations of certain manufacturers) is amended by striking out "filled cheese,". (c) EFFECTIVE DATE.—The repeals and amendments made by this section shall apply to filled cheese manufactured, imported, or sold after the date of enactment of this Act. (d)

AMENDMENT OF INTERNAL REVENUE CODE.—Whenever

26 USC 4591.

26 USC 6808. 26 USC 7103. 26 USC 7641. 26 USC 4831 note.

an

amendment in this section is expressed in terms of an amendment to or repeal of a section or other provision, the reference is to a section or other provision of the Internal Revenue Code of 1954.

26 USC 1 et seq.

SEC. 4. APPLICATION OF SECTION 4942 TAX ON FAILURE TO DISTRIBUTE INCOME. (a) IN GENERAL.—Section 101(1)(3) of the Tax Reform Act of 1969 (relating to s a v i n g provisions under section 4942 of the Internal ^2^ use 4940 Revenue Code of 1954) is amended by— " 26 USC 4942. (1) striking out "and" in subparagraph (D), (2) striking out the period at the end of subparagraph (E) and inserting in lieu thereof "; and", and (3) adding after subparagraph (E) the following new subparagraph: " (F) apply, in the case of an organization described in paragraph (4)(A) of this subsection, " (i) by applying section 4942(e) without regard to the stock to which paragraph (4)(A) (ii) of this subsection applies, "(ii) by applying section 4942(f) without regard to dividend income for such stock, and "(iiij by defining the distributable amount as the sum or the amount determined under section 4942(d) (after the application of clauses (i) and ( i i)), and the amount of the dividend income from such stock.". (b) The amendment made by this section shall apply to taxable years beginning after December 31, 1971.

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[88 STAT.

SEC. 5. STUDY OF COMBINED A N N U A L R E P O R T I N G FOR SOCIAL S E C U R I T Y AND INCOME TAX PURPOSES.

Report to cong r e s s i o n a l committees.

The Secretary and the Secretary of Health, Education, and Welfare shall (1) study the desirability and feasibility of instituting a system of combined social security-income tax reporting on an annual basis, and the effect of such a system on social security beneficiaries, on the costs to employers and to the social security program, and on the administration of such program, and ^2) submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, no later than December 31, 1974, a joint report of the results of such study containing their recommendations as to the provisions, procedures, and requirements which might be included in such a system and the raanner in which it might be put into effect. SEC. 6. I M P O S I T I O N AND R A T E OF T A X ON S T I L L W I N E S.

26 USC 5041. 26 USC 5041 note.

(a) IN GENERAL.—The last sentence of section 5041(a) of the Internal Revenue Code of 1954 (relating to tax on wines) is amended by striking out "0.277" and inserting m lieu thereof "0.392". (b) EFFECTIVE DATE.—The amendment made by this section shall take effect on the first day of the first calendar month which begins more than 90 days after the date of enactment of this Act. Approved October 26, 1974. Public Law 93-491

October 26, 1974 [S. 1411]

Indians. S i s s e to n and Wahpeton Sioux T r i b e, N. Dak.S. Dak. Land acquisition.

AN ACT To authorize the Sisseton and Wahpeton Sioux Tribe of the Lake Traverse Reservation to consolidate its landholdings in North Daliota and South Dakota, and for other purposes. Be if enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is authorized, at his discretion and upon the request of the Sisseton and Wahpeton Sioux Tribe of the Lake Traverse Reservation or its designated agent in the States of North Dakota and South Dakota, to acquire through purchase, gift, or exchange any lands or interest in lands within the boundaries of the Lake Traverse Reservation in North Dakota and South Dakota for the purpose of consolidating landholdings, eliminating fractionated heirship interests in Indian trust lands, providing land for any tribal program for the improvement of the economy of the tiibe and its members through the development of industry, recreational facilities, housing projects, and the general rehabilitation and enhancement of the total resource potential of the reservation. For the purchase of such lands or interests in lands the use of any funds available to the tribe from any source is authorized and title to any land acquired under the authority of this Act shall be taken in the name of the United States in trust for the Sisseton and Wahpeton Sioux Tribe of the Lake Traverse Reservation in North Dakota and South Dakota.

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SEC. 2. (a) Notwithstanding any other provision of law, the Sisseton erty? sairoT" and Wahpeton Sioux Tribe of the Lake Traverse Reservation, acting exchange, through its governing body or its designated agent, is authorized with the approval of the Secretary of the Interior to exchange or sell any tribal real property not needed or suitable for use by the tribe or so situated or located that it would be to the economic advantage of the tribe to sell or exchange the property; except that (1) any such sale shall be by competitive sealed bidding, and a preference shall be given to enrolled members of the Sisseton Wahpeton Sioux Tribe of the Lake Traverse Reservation to match the high bid; (2) the amount or exchange value received for the property shall not be less than the fair market value thereof as determined by the Secretary of the Interior or his duly authorized representative; (3) if lands involved in an exchange are not of equal value, the difference in value shall be paid in money; (4) any proceeds from the sale of land under this authority or money received to equalize an exchange shall be used exclusively for the purchase of other land on the reservation; (5) title to any land acquired for the tribe under this authority shall be taken in the name of the United States in trust for the tribe; and (6) if an enrolled member of the Sisseton and Wahpeton Sioux Tribe of the Lake Traverse Reservation acquires land from the tribe under this Act, title may, with the approval of the Secretary of the Interior, be taken in the name of the United States in trust for the use and benefit of such member. (b) All of the foregoing provisions of this Act shall be construed to be exclusive to resident United States citizens enrolled as members of the Sisseton Wahpeton Sioux Tribe of the Lake Traverse Reservation. SEC. 3. All lands acquired by the United States in trust for the tribe ^^^ exemption. or members thereof under the authority of this Act shall be exempt from State and local taxation. SEC. 4. Any tribal land may, with the approval of the Secretary de^ds^ortrut"'^ of the Interior, be encumbered by a mortgage or deed of trust, and shall be subject to foreclosure or sale pursuant to the terms of such mortgage or deed of trust in accordance with the laws of the State in which the land is located. For the purpose of the foreclosure or sale proceeding, the Sisseton and Wahpeton Sioux Tribe of the Lake Traverse Reservation shall be regarded as vested with an unrestricted fee simple title to the land. The United States shall not be a necessary party to the foreclosure or sale proceeding, and any conveyance of the land pursuant to such proceeding shall divest the United States of title to the land. Title to any land redeemed or acquired by the tribe at such foreclosure or sale proceeding shall be taken in the name of the United States in trust for the tribe, and title to any land purchased by an individual member of the tribe at such proceeding may, with the approval of the Secretary of the Interior, be taken in the name of the United States in trust for the use and benefit of the individual Indian purchaser. SEC. 5. The Secretary of the Interior is authorized to take such action as may be necessary to carry out the purposes of this Act. Approved October 26, 1974.

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PUBLIC LAW 93-492-OCT. 27, 1974

[88 STAT.

Public Law 93-492 AN ACT

October 27, 1974 To aui^nd the National Traffic and Motor Vehicle Safety Act of 1966 to authorize [S. 355]

appropriations for the fiscal years 1975 and 1976; to provide for the remedy of certain defective motor vehicles without charge to the owners thereof; to require that schoolbus safety standards be prescribed; to amend the Motor Vehicle Information and Cost Savings Act to provide for a special demonstration project; and for other purposes.

Motor Vehicle and Schoolbus Safety Amendments of 1974. IS u s e 1409 note.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress ossembled^ That this Act may be cited as the "Motor Vehicle and Schoolbus Safety Amendments of 1974".

TITLE I—MOTOR VEHICLE SAFETY SEC. 101. AUTHORIZATION OF APPROPRIATIONS. Section 121 of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1409) is amended to read as follows: "SEC. 121. There are authorized to be appropriated for the purpose of carrying out this Act, not to exceed $55,000,000 for the jRscal year ending June 30, 1975, and not to exceed $60,000,000 for the fiscal year ending June 30, 1976." SEC. 102. NOTIFICATION AND REMEDY. (a) 15 USC 1402.

REQUIREMENT

OF NOTIFICATION

AND REMEDY.—Title I of

the

National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1391, et seq.) is amended by striking out section 113 and by adding at the end of such title the following new part: "PART B—DISCOVERT, NOTIFICATION, AND REMEDY or MOTOR VEHICLE DEFECTS "NOTIFICATION RESPECTING MANUFACTURER'S FINDING OF DEFECT OR FAILURE TO COMPLY

15 USC 1411.

"SEC. 151. If a manufacturer— "(1) obtains knowledge that any motor vehicle or item of replacement equipment manufactured by him contains a defect and determines in good faith that such defect relates to motor vehicle safety; or "(2) determines in good faith that such vehicle or item of replacement equipment does not comply with an applicable Federal motor vehicle safety standard prescribed pursuant to section 103of this Act; he shall furnish notification to the Secretary and to owners, purchasers, and dealers, in accordance with section 153, and he shall remedy the defect or failure to comply in accordance with section 154. " NOTIFICATION R E S P E C T I N G SECRETARY ' S F I N D I N G OF D E F E C T OR FAILURE

TO COMPLY

15 USC 1412.

"SEC. 152. (a) If through testing, inspection, investigation, or research carried out pursuant to this Act, or examination of communications under section 158(a)(1), or otherwise, the Secretary determines that any motor vehicle or item of replacement equipment— "(1) does not comply with an applicable Federal motor vehicle safety standard prescribed pursuant to section 103 of this Act; or

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"(2) contains a defect which relates to motor vehicle safety; he shall immediately notify the manufacturer of such motor vehicle or item of replacement equipment of such determination, and shall publish notice of such determination in the Federal Register. The notification to the manufacturer shall include all information upon which the determination of the Secretary is based. Such notification (including such information) shall be available to any interested person, subject to section 1 5 8 (a)(2)(B). The Secretary shall afford such manufacturer an opportunity to present data, views, and arguments to establish that there is no defect or failure to comply or that the alleged defect does not affect motor vehicle safety; and shall afford other interested persons an opportunity to present data, views, and arguments respecting the determination of the Secretary. " (b) If, after such presentations by the manufacturer and interested persons, the Secretary determines that such vehicle or item of replacement equipment does not comply with an applicable Federal motor vehicle safety standard, or contains a defect which relates to motor vehicle safety, the Secretary shall order the manufacturer (1) to furnish notification respecting such vehicle or item of replacement equipment to owners, purchasers, and dealers in accordance with section 153, and (2) to remedy such defect or failure to comply in accordance with section 154.

1471

p Jderi\''R"°rster

and^g^gumentV presentation opportunity.

"CONTENTS, TIME, AND FORM OF NOTICE

"SEC. 153. (a) The notification required by section 151 or 152 respecting a defect in or failure to comply of a motor vehicle or item of replacement equipment shall contain, in addition to such other matters as the Secretary may prescribe by regulation— " (1) a clear description of such defect or failure to comply; " (2) an evaluation of the risk to motor vehicle safety reasonably related to such defect or failure to comply; "(3) a statement of the measures to be taken to obtain remedy of such defect or failure to comply; "(4) a statement that the manufacturer furnishing the notification will cause such defect or failure to comply to be remedied without charge pursuant to section 154; "(5) the earliest date (specified in accordance with the second and third sentences of section 154(|b)(2)) on which such defect or failure to comply will be remedied without charge and, in the case of tires, the period during which such defect or failure to comply will be remedied without charge pursuant to section 154; and manufacturer, distributor, or dealer fails or is unable to remedy without charge such defect or failure to comply. " (b) The notification required by section 151 or 152 shall be furnished— "(1) within a reasonable time after the manufacturer first makes a determination with respect to a defect or failure to comply under section 151; or "(2) within a reasonable time (prescribed by the Secretary) after the manufacturer's receipt of notice of the Secretary's determination pursuant to section 152 that there is a defect or failure to comply. "(c) The notification required by section 151 or 152 with respect to a motor vehicle or item of replacement equipment shall be accomplished—
 * ' (6) a description of the procedure to be followed by the recipient of the notification in informing the Secretary whenever a

is use uia,

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[88 STAT.

"(1) ill the case of a motor vehicle, by first class mail to each person who is registered under State law as the owner of such vehicle and whose name and address is reasonably ascertainable by the manufacturer through State records or other sources available to him; "(2) in the case of a motor vehicle, or tire, by first class mail to the first purchaser (or if a more recent purchaser is known to the manufacturer, to the most recent purchaser known to the manufacturer) of each such vehicle or tire containing such defect or failure to comply, unless the registered owner (if any) of such vehicle was notified under paragraph (1); "(3) in the case of an item of replacement equipment (other than a tire), (A) by first class mail to the most recent purchaser known to the manufacturer; and (B) if the Secretary determines that it is necessary in the interest of motor vehicle safety, by public notice in such manner as the Secretary may order after consultation with the manufacturer; " (4) by certified mail or other more expeditious means to the dealer or dealers of such manufacturer to whom such motor vehicle or replacement equipment was delivered; and "(5) by certified mail to the Secretary, if section 151 applies. I n the case of a tire which contains a defect or failure to comply (or of a motor vehicle on which such tire was installed as original equipment), the manufacturer who is required to provide notification under paragraph (1) or (2) may elect to provide such notification by certified mail. " R E M E D Y o r DEFECT OR FAILURE TO COMPLY

15 USC 1414.

"SEC. 154. (a)(1) If notification is required under section 151 or by an order under section 152(b) with respect to any motor vehicle or item of replacement equipment which fails to comply with an applicable Federal motor vehicle safety standard or contains a defect which relates to motor vehicle safety, then the manufacturer of each such motor vehicle or item of replacement equipment presented for remedy pursuant to such notification shall cause such defect or failure to comply in such motor vehicle or such item of replacement equipment to be remedied without charge. In the case of notification required by an order under section 152(b), the preceding sentence shall not apply during any period during which enforcement of the order has been restrained in an action to which section 155(a) applies or if such order has been set aside in such an action. "(2)(A) I n the case of a motor vehicle presented for remedy pursuant to such notification, the manufacturer (subject to subsection (b) of this section) shall cause the vehicle to be remedied by whichever of the following means he elects: " (i) By repairing such vehicle. "(ii) By replacing such motor vehicle without charge, with an identical or reasonably equivalent vehicle. "(iii) By refunding the purchase price of such motor vehicle in full, less a reasonable allowance for depreciation. Replacement or refund may be subject to such conditions imposed by the manufacturer as the Secretary may permit by regulation. " (B) I n the case of an item of replacement equipment the manufacturer shall (at his election) cause either the repair of such item of replacement equipment, or the replacement of such item of replacement equipment without charge with an identical or reasonably equivalent item of replacement equipment.

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''(3) The dealer who effects remedy pursuant to this section without charge shall receive fair and equitable reimbursement for such remedy from the manufacturer. "(4) The requirement of this section that remedy be provided without charge shall not apply if the motor vehicle or item of replacement equipment was purchased by the first purchaser more than 8 calendar years (3 calendar years in the case of a tire, including an original equipment tire) before (A) notification respecting the defect or failure to comply is furnished pursuant to section 151, or (B) the Secretary orders such notification under section 152, whichever is earlier. "(.'i)(A) The manufacturer of a tire (including an original equipment tire) presented for remedy by an owner or purchaser pursuant to notification under section 153 shall not be obligated to remedy such tire if such tire is not presented for remedy during the 60-day period beginning on the later of (i) the date on which the owner or purchaser received such notification or (ii) if the manufacturer elects replacement, the date on which the owner or purchaser received notice that a replacement tire is available. " (B) If the manufacturer elects replacement and if a replacement tire is not in fact available during the 60-day period, then the limitation under subparagraph (A) on the manufacturer's remedy obligation shall be applicable only if the manufacturer provides a notification (subsequent to the notification provided under subparagraph (A) ( i i)) that replacement tires are to be available during a later 60-day period (beginning alter such subsequent notification), and in that case the manufacturer's obligation shall be limited to tires presented tor remedy during the later 60-day period if the tires are in fact available during that period. " (b)(1) Whenever a manufacturer has elected under subsection (a) to cause the repair of a defect in a motor vehicle or item of replacement equipment or of a failure of such vehicle or item of replacement equipment to comply with a motor vehicle safety standard, and he has failed to cause such defect or failure to comply to be adequately repaired within a reasonable time, then (A) he shall cause the motor vehicle or item of replacement equipment to be replaced with an identical or reasonably equivalent vehicle or item of replacement equipment without charge, or (B) (in the case of a motor vehicle and if the manufacturer so elects) he shall cause the purchase price to be refunded in full, less a reasonable allowance for depreciation. Failure to adequately repair a motor vehicle or item of replacement equipment within 60 days after tender of the motor vehicle or item of replacement equipment for repair shall be prima facie evidence of failure to repair within a reasonable time; unless prior to the expira- j,^^^J^\''%^^l^^'^^ tion of such 60-day period the Secretary, by order, extends such Federal Register, 60-day period for good cause shown and published in the Federal Register. "(2) For purposes of this subsection, the term 'tender' does not include presenting a motor vehicle or item of replacement equipment for repair prior to the earliest date specified in the notification pursuant to section 153(a) on which such defect or failure to comply will be remedied without charge, or (if notification was not afforded pursuant to section 153(a)) prior to the date specified in any notice required to be given under section 155(d). In either case, such date shall be specified by the manufacturer and shall be the earliest date on which parts and facilities can reasonably be expected to be available. Such date shall be subject to disapproval by the Secretary.

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