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83

SEC. 402. (a) No orant in excess of $50,000, or such lower amount conditions. as the Secretary may determme to be appropriate, may be made to an = ^^-^ = • Indian or Indian tribe. (b) A grant may be made only to an applicant who, in the opinion of the Secretary, is unable to obtain adequate financing for its economic enterprise from other sources: Provided, That prior to making any grant under this title, the Secretary shall assure that, where practical, the applicant has reasonably made available for the economic enterprise funds from the applicant's own financial resources. (c) No grant may be made to an applicant who is unable to obtain at least 60 per centum of the necessary funds for the economic enterprise from other sources. SEC. 403. There are authorized to be appropriated not to exceed the Appropriation. sum of $10,000,000 for each of the fiscal years 1975, 1976, and 1977 for ^^ ^^^ '"^• the purposes of this title. SEC. 404. The Secretary of the Interior is authorized to prescribe ^i^^^^^^g ^"'^ ''^^" such rules and regulations as may be necessary to carry out the pur- 25 USC is24. poses of this Act. TITLE V SEC. 501. Concurrent with the making or guaranteeing of any loan 25 USC 1541. under titles I and II and with the making of a grant under title IV of this Act, the purpose of which is to fund the development of an economic enterprise, the Secretary shall insure that the loan or grant applicant shall be provided competent management and technical assistance consistent with the nature of the enterprise being funded. SEC. 502. For the purpose of providing the assistance required under ^^ff^"^""^ coopersection 501, the Secretary is authorized to cooperate with the Small ation. °'"" Business Administration and ACTION and other Federal agencies in 25 USC 1542. the use of existing programs of this character in those agencies. In addition, the Secretary is authorized to enter into contracts with private organizations for providing such services and assistance. SEC. 503. For the purpose of entering into contracts pursuant to Funds, umitasection 502 of this title, the Secretary is authorized to use not to tion. exceed 5 per centum of any funds appropriated for any fiscal year 25 USC 1543. pursuant to section 302 of this Act. Approved April 12, 1974. ' Public Law 93-263 AN ACT To amend the Foreign Service Buildings Act, 1926, to authorize additional appropriations for the fiscal year 1974.

April 12, 1974 [H. R. 12465]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (g) Foreign service of section 4 of the Foreign Service Buildings Act, 1926 (22 U.S.C. ^igie'T^enl^' 295), is amended— ments. (1) by striking out "$590,000" in subparagraph (1)(A) and inserting in lieu thereof "$631,000"; (2) by striking out "$160,000" in subparagraph (1)(C) and inserting in lieu thereof "$204,000"; (3) by striking out "$2,218,000" in subparagraph (1)(E) and inserting in lieu thereof "$2,287,000"; and (4) by striking out "$45,800,000" and "$21,700,000" in paragraph (2) and inserting in lieu thereof "$48,532,000" and "$23,066,000", respectively. Approved April 12, 1974.

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PUBLIC LAW 93-264-APR. 12, 1974

[88 STAT.

Public Law 93-264 April 12, 1974 [H. R. 12341]

State Department. Sale of property to Wake For e s t University.

22 USC 300.

Federal emp l o y e e s, office space, availability.

AN ACT To authorize sale of a former Foreign Service consulate building in Venice to Wake Forest University.

Be it enacted by the Senate amd House of Representatives of the United States of America in Congress assembled, That (a) the Secretary of State is hereby authorized to sell, by quitclaim deed, to Wake Forest University the former consulate office building and residence at Eio Torre-Selle and Canal Grande, in Venice, for the sum of $250,000, subject to such terms and conditions as the Secretary shall prescribe not inconsistent with the provisions of the Foreign Service Buildings Act, 1926. Such $250,000 shall be applied or held pursuant to section 9(b) of such Act of 1926. (b) Wake Forest University shall not lease or otherwise alienate this property except in accordance with the terms of this Act. (c) If the university determines that the property is no longer required and wishes to dispose of it, the university will offer the property, by quitclaim deed, to the Secretary of State at a price of $250,000, granting a one-year option at that price, and may only dispose of the property to a third party after written notice from the Secretary of State that he does not wish to exercise the option, or after the expiration of the year's option without its being exercised by him. In the event the Secretary shall exercise the option, he shall have one year from the date of exercise in which to make settlement. If the university has made capital improvements to the property during its ownership, such improvements shall be evaluated by the Secretary, and paid to the university in addition to the $250,000 price stated aboA^e in compensation therefor. (d) Wake Forest University shall provide suitable office space for United States Government employees on official business in Venice at any time such space is requested by the American Embassy in Kome or the American Consulate in Milan, in accordance with arrangements to be determined by the parties prior to transfer of title under this Act. Approved April 12, 1974. Public Law 93-265

April 12, 1974 [S. 969]

Indians. Constitutional rights, publication of m a t e r i a l s. 25 USC 1 3 4 1.

AN ACT Relating to the constitutional rights of Indians.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (c) of section 701 of title VII of the Act entitled "An Act to prescribe penalties for certain acts of violence or intimidation, and for other purposes", approved April 11, 1968, is amended to read as follows: "(c) There is authorized to be appropriated for carrying out the provisions of this title such sum as may be necessary.". Approved April 12, 1974.

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85

Public Law 93-266 AN ACT To amend the Act entitled "An Act to incorporate the American Hospital of Paris", approved January 30, 1913 (37 Stat. 654).

April 12, 1974 [s-1836]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 4 American HOSof the Act entitled "An Act to incorporate the American Hospital of ''"Boa°d orcovParis", approved January 30, 1913 (37 Stat. 654), is amended by emors, memberdeleting "nor more than twenty". ^^^'^' (b) Section 6 of such Act is amended by deleting "an equal number of" wherever it appears therein. Approved April 12, 1974. Public Law 93-267 AN ACT

April 12, 1974 rs 24411

To amend the Act of February 24, 1925, incorporating the American War Mothers, LJ i to permit certain stepmothers and adoptive mothers to be members of that organization. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 7 of American war the Act entitled "An Act to incorporate the American War Mothers", Membership, approved February 24, 1925, as amended (36 U.S.C. 97), is amended extension. by inserting after "her son or sons or daughter or daughters of her blood" the following: ", her legally adopted son or sons or legally adopted daughter or daughters, or her stepson or stepsons or stepdaughter or stepdaughters". Approved April 12, 1974. Public Law 93-268 AN ACT To amend the District of Columbia Revenue Act of 1947 regarding taxability of dividends received by a corporation from insurance companies, banks, and other savings institutions.

April 17, 1974 [H. R. 6186]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first pro- D.C. viso of section 1 of title X of the District of Columbia Revenue Act of a t i o n. „,P„°P°^'^ ^^'^' 1947 (D.C. Code, sec. 47-1580) is amended to read as follows: ": Provided, however, That, in the case of any corporation, the amount received as dividends from a corporation which is subject to taxation under this subchapter or under title II of the Act entitled "An Act to provide additional revenue for the District of Columbia, and for other purposes", approved August 17, 1937 (D.C. Code, sees. 47-1801—1808), and, in the case of a corporation not engaged in carrying on any trade or business within the District, interest received by it from a corporation which is subject to taxation under this article or under such title II of such Act shall not be considered as income from sources within the District for purposes of this subchapter; and in the case of any corporation organized as a bank holding company under

3R-104 n - 76 - 9 Pt. 1

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PUBLIC LAW 93-268-APR. 17, 1974

[88 STAT.

note ^^^ ^^'^^ 12 USC 1841

^^® provisions of the Bank Holding Company Act of 1956 and the Bank Holding Company Act Amendments of 1970, the aniount note. received as dividends from a corporation which is subject to taxation under this article or under the provisions of paragraph (5) or paragraph (7) of section 6 of the Act entitled "An Act making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes", approved July 1, 1902 (D.C. Code, secs. 47-1701 and 47-1703), and in the case of any such bank holding company not engaged in carrying on any trade or business within the District, interest received by it from a corporation which is subject to taxation under such paragraphs, shall not be considered as income from sources within the District for purposes of this article." Ef^ctive date. SEC. 2. The amendment made by the first section of this Act shall D.C. Code 47 apply with respect to all taxable years ending after December 31, 1580 note. 1973. SEC. 3. (a) Part C of title VII of the District of Columbia Self87 Stat. 821. Government and Governmental Reorganization Act is amended by inserting at the end thereof the following: "POLITICAL PARTICIPATION I N CERTAIN ELECTIONS FIRST HELD UNDER T H I S ACT

D.C. Code 11101 note.

"SEC. 724. (a) I n order to provide continuity in the government of ^j^g District of Columbia during the transition from the appointed government to the elected government provided for under this Act, no person employed by the United States or by the government of the District of Columbia shall be prohibited by reason of such employment— "(1) from being a candidate in the first primary election and general election held under this Act for the office of Mayor or Chairman or member of the Council of the District of Columbia provided for under title IV of this Act, and " (2) if such a candidate, from taking an active part in political management or political campaigns in any election referred to in paragraph (1) of this subsection. " (b) Such candidacy shall be deemed to have commenced on the day such person obtains from the Board of Elections an official nominating petition with his name stamped thereon, and shall terminate— "(1) in the case of such candidate who ceases to be eligible as a nominee for the office with respect to which such petition was obtained by reason of his inability or failure to qualify as a bona fide nominee prior to the expiration of the final date for filing such petition under the election laws of the District of Columbia, on the day following such expiration date; "(2) in the case of such candidate who is elected to any such office with respect to which such nominating petition was obtained, on the day such candidate takes office following the election held with respect thereto; " (3) in the case of such candidate who is defeated in a primary election held to nominate candidates for the office with respect to which such nominating petition was obtained, on the expiration of the thirty day period following the date of such primary election; and "(4) in the case of such candidate who fails to be elected in a general election to any such office with respect to which such nominating petition was obtained, on the expiration of the thirty day period following the date of such election.

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PUBLIC LAW 93-269-APR. 18, 1974

" (c) The provisions of this section shall terminate as of January 2, 1975." (b) The table of contents for part C of title VII of such Act is amended by inserting at the end of that part the following new item:

Termination date.

"Sec. 724. Political participation in certain elections first held under this Act."

(c) Section 771(e) of the District of Columbia Self-Government and Governmental Reorganization Act is amended by deleting " Part E " and inserting in lieu thereof "Section 724 and part E ". SEC. 4. (a) Section 7324(d)(4) of title 5, United States Code, is amended to read as follows: "(4) the Mayor of the District of Columbia, the members of the Council of the District of Columbia, or the Chairman of the Council of the District of Columbia, as established by the District of Columbia Self-Government and Governmental Reorganization Act; or". (b) Notwithstanding any other provision of law, the provisions of section 7324(a)(2) of title 5, United States Code, shall not be applicable to the Commissioner of the District of Columbia or the members of the District of Columbia Council (including the Chairman and Vice Chairman), as established by Reorganization Plan Numbered 3 of 1967. (c) Section 741 of the District of Columbia Self-Government and Governmental Reorganization Act is repealed. Approved April 17, 1974.

D.C. Code 121 note.

5 USC 7324 note.

5 USC app. Repeal. 87 Stat. 8 3 1.

Public Law 93-269 AN ACT To make certain appropriations available for obligation and expenditure until June 30, 1975, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, (a) as used in this section, the term "applicable program" means any program to which the General Education Provisions Act applies. (b)(1) Notwithstanding any other provision of law, unless enacted in express and specific limitation of the provisions of this section— (A) any funds appropriated to carry out any applicable program for the fiscal year 1973; and (B) any funds appropriated to carry out any applicable program for fiscal year 1974; shall remain available for obligation and expenditure until June 30, 1975. (2) Nothing in this section shall be construed to approve of the withholding from expenditure or the delay in expenditure of any funds appropriated to carry out any applicable program for fiscal year 1973 beyond the period allowed for apportionment under subsection (d) of section 3679 of the Revised Statutes (31 U.S.C. 665). SEC. 2. Paragraphs (2), (3), (4), and (5) of section 428(a) of the Higher Education Act of 1965, and all references thereto, are redesignated as paragraphs (3), (4), (5), and (6) thereof, respectively, and such section 428(a) is amended by striking out paragraph (1) thereof and inserting in lieu thereof the following: "(1) Each student who has received a loan for study at an eligible institution— " (A) which is insured by the Commissioner under this part;

April 18, 1974 [H. R. 1 2 2 5 3 ]

Office of Education. Funds, carryover. 20 USC 1226 note. Definition. 20 USC 1221 note.

Student loans, i n t e r e s t subsidy payments.

20 USC 1078.

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Qualifications.

Definitions.

PUBLIC LAW 93-269-APR. 18, 1974

[88 STAT.

" (B) which was made under a State student loan program (meeting criteria prescribed by the Commissioner), and which was contracted for, and paid to the student, within the period specified by paragraph (5); or " (C) which is insured under a program of a State or of a nonprofit private institution or organization which was contracted for, and paid to the student, within the period specified in paragraph (5), and which— "(i) in the case of a loan insured prior to July 1, 1967, was made by an eligible lender and is insured under a program which meets the requirements of subparagraph (E) of subsection (b)(1) and provides that repayment of such loan shall be in installments beginning not earlier than sixty days after the student ceases to pursue a course of study (as described in subparagraph (D) of subsection (b)(1)) at an eligible institution, or "(ii) in the case of a loan insured after June 30, 1967, is insured under a program covered by an agreement made pursuant to subsection (b), shall be entitled to have paid on his behalf and for his account to the holder of the loan a portion of the interest on such loan at the time of execution of the note or written agreement evidencing such loan under circumstances described in paragraph (2). "(2)(A) Each student qualifying for a portion of an interest payment under paragraph (1) shall— " (i) have provided to the lender a statement from the eligible institution, at which the student has been accepted for enrollment, or at which he is in attendance in good standing (as determined by such institution), which— " (I) sets forth such student's estimated costs of attendance, and " ( II) sets forth such student's estimated financial assistance; and "(ii) meet the requirements of subparagraph (B). " (B) For the purposes of clause (ii) of subparagraph (A), a student shall qualify for a portion of an interest payment under paragraph (1) if such student's adjusted family income— " (i) is less than $15,000, and— " (I) the amount of such loan would not cause the total amount of the student's loans insured by the Commissioner under this part or by a State or nonprofit private institution or organization which has an agreement under subsection (b) to exceed $2,000 in any academic year, or its equivalent, or " ( II) the amount of such loan would cause the total amounts of the loans described in clause (I) of this subparagraph of that student to exceed $2,000 in any academic year or its equivalent, and the eligible institution has provided, with respect to the amount of such loans in excess of $2,000, the lender with a statement recommending the amount of such excess; or "(ii) is equal to or greater than $15,000, and the eligible institution has provided the lender with a statement evidencing a determination of need and recommending a loan in the amount of such need. " (C) For the purposes of paragraph (1) and this paragraph— " (i) a student's estimated cost of attendance means, for the period for which the loan is sought, the tuition and fees appli-

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89

cable to such student together with the institution's estimate of other expenses reasonably related to attendance at such institution, including, but not limited to, the cost of room and board, reasonable commuting costs, and costs for books; "(ii) a student's estimated financial assistance means, for the period for which the loan is sought, the amount of assistance such student will receive under parts A, C, and E of this title, plus J^^^^^^^^^J^' other scholarship, grant, or loan assistance; "(iii) the term 'eligible institution' when used with respect to a student is the eligible institution at which the student has been accepted for enrollment or, in the case of a student who is in attendance at such an institution is in good standing (as determined by such institution); "(iv) the determination of need and the amount of a loan recommended by an eligible institution under subparagraph (B) (ii) and the amount of loans in excess of $2,000 recommended by an eligible institution under subparagraph (B)(i) ( II) with respect to a student shall be determined by subtracting from the estimated cost of attendance at such institution the total of the expected family contribution with respect to such student (as determined by means other than one formulated by the Commissioner under subpart 1 of part A of this title) plus any other resources or student financial assistance reasonably available to such student. " (D) I n addition, the Commissioner shall pay an administrative c^sTaUotTncl^ cost allowance in the amount established by paragraph (3)(B) of this subsection with respect to loans to any student without regard to the borrower's need. For the purposes of this paragraph, the adjusted family income of a student shall be determined pursuant to regulations of the Commissioner in effect at the time of the execution of the note or written agreement evidencing the loan. Such regulations shall provide for taking into account such factors, including family size, as the Commissioner deems appropriate. I n the absence of fraud by the lender, such determination of the need of a student under this paragraph shall be final insofar as it concerns the obligation of the Commissioner to pay the holder of a loan a portion of the interest on the loan.". SEC. 3. Section 428(a) of the Higher Education Act of 1965, as students, finanamended by this Act, is amended by adding at the end thereof the "'AJI^^^.^T'.''' following new paragraph: "(7) Nothing in this or any other Act shall be construed to prohibit or require unless otherwise specifically provided by law, a lender to evaluate the total financial situation of a student making application for a loan under this part, or to counsel a student with respect to any such loan, or to make a decision based on such evaluation and counseling with respect to the dollar amount of any such loan.". SEC. 4. Clause (H) of paragraph 428(b)(1) of the Higher Education Act of 1965 is amended to read as follows: 20 USC 1078. " (H) provides that the benefits of the loan insurance program will not be denied any student who is eligible for interest benefits under section 428(a)(1) and (2) except in the case of loans made by an instrumentality of a State or eligible institution;". SEC. 5. Section 2(a)(7) of the Emergency Insured Student Loan Act of 1969 is amended by striking out "July 1, 1974" and inserting 20 USC 1078a. in lieu thereof "July 1, 1975". SEC. 6. The amendments made by section 2 shall be effective forty- f "us^'^iors'^* five days after enactment of this Act and be applicable to a loan for note. which a guarantee commitment is made on or after that date. Approved April 18, 1974.

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PUBLIC LAW 93-270-APR. 22, 1974

[88 STAT.

Public Law 93-270 April 22, 1974 [S.1745]

Sudden Infant Death Syndrome Act of 1974.

AN ACT To provide financial assistance for research activities fbr the study of sudden infant death syndrome, and for other purposes. Be it enacted by the Senate and House of Representatives United States of America in Congress assembled,

of the

SHORT TITLE 42 USC 300C-11 note.

1. This Act may be cited as the "Sudden Infant Death Syndrome Act of 1974". SECTION

SUDDEN I N F A N T 42 USC 289d.

42 USC 2 4 1.

42 USC 289g.

Reports to cong r e s s i o n a l committees. 42 USC 289g note.

42 USC 201 note.

Funds, estimate, transmittal to c o n g r e s s i o n a l committees.

DEATH

SYNDROME

RESEARCH

SEC. 2. (a) Section 441 of the Public Health Service Act is amended by striking out "an institute" and inserting in lieu thereof "the National Institute of Child Health and Human Development". (b)(1) Such section 441 is further amended by inserting " (a) " after "SEC. 441." and by adding at the end thereof the following: " (b) The Secretary shall carry out through the National Institute of Child Health and Human Development the purposes of section 301 with respect to the conduct and support of research which specifically relates to sudden infant death syndrome." (2) Section 444 of such Act is amended (1) by striking out "The Surgeon General" each place it occurs and inserting in lieu thereof "The Secretary", and (2) by striking out "the Surgeon General shall, with the approval of the Secretary" in the first sentence and inserting in lieu thereof "the Secretary shall, in accordance with section 441(b),". (c)(1) Within ninety days following the close of the fiscal year ending June 30, 1975, and the close of each of the next two fiscal years, the Secretary shall report to the Committees on Appropriations of the Senate and the House of Representatives and to the Committee on Labor and Public Welfare of the Senate and the Committee on Interstate and Foreign Commerce of the House of Representatives the following information for such fiscal year: (A) The (i) number of applications approved by the Secretary in the fiscal year reported on for grants and contracts under the Public Health Service Act for research which relates specifically to sudden infant death syndrome, (ii) total amount requested under such applications, (iii) number of such applications for which funds were provided in such fiscal year, and (iv) total amount of such funds. (B) The (i) number of applications approved by the Secretary in such fiscal year for grants and contracts under the Public Health Service Act for research which relates generally to sudden infant death syndrome, (ii) total amount requested under such applications, (iii) number of such applications for which funds were provided in such fiscal year, and (iv) total amount of such funds. Each such report shall contain an estimate of the need for additional funds for grants or contracts under the Public Health Service Act for research which relates specifically to sudden infant death syndrome. (2) Within five days after the Budget is transmitted by the President to the Congress for the fiscal year ending June 30, 1976, and for each of the next two fiscal years, the Secretary shall transmit to the Committees on Appropriations of the House of Representatives and

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91

PUBLIC LAW 93-270-APR. 22, 1974

the Senate, the Committee on Labor and Public Welfare of the Senate, and the Committee on Interstate and Foreign Commerce of the House of Representatives an estimate of the amount requested for the National Institutes of Health for research relating to sudden infant death syndrome and a comparison of that amount with the amount requested for the preceding fiscal year. COUNSELING, INFORMATION, EDUCATIONAL AND STATISTICAL PROGRAMS

SEC. 3. (a) Title X I of the Public Health Service Act is amended by adding at the end thereof the following new part:

42 USC aoob.

"PART C—SUDDEN INFANT DEATH SYNDROME SUDDEN I N F A N T DEATH SYNDROME COUNSELING, INFORMATION, EDUCATIONAL, AND STATISTICAL PROGRAMS

"SEC. 1121. (a) The Secretary, through the Assistant Secretary for Health, shall carry out a program to develop public information and professional educational materials relating to sudden infant death syndrome and to disseminate such information and materials to persons providing health care, to public safety officials, and to the public generally. " (b)(1) The Secretary may make grants to public and nonprofit private entities, and enter into contracts with public and private entities, for projects which include both— " (A) the collection, analysis, and furnishing of information (derived from post mortem examinations and other means) relating to the causes of sudden infant death syndrome; and " (B) the provision of information and counseling to families affected by sudden infant death syndrome. " (2) No grant may be made or contract entered into under this subsection unless an application therefor has been submitted to and approved by the Secretary. Such application shall be in such form, submitted in such manner, and contain such information as the Secretary shall by regulation prescribe. Each application shall— " (A) provide that the project for which assistance under this subsection is sought will be administered by or under supervision of the applicant; " (B) provide for appropriate community representation in the development and operation of such project; " (C) set forth such fiscal controls and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for Federal funds paid to the applicant under this subsection; and " (D) provide for making such reports in such form and containing such information as the Secretary may reasonably require. "(3) Payments under grants under this subsection may be made in advance or by way of reimbursement, and at such intervals and on such conditions, as the Secretary finds necessary. "(4) Contracts under this subsection may be entered into without regard to sections 3648 through 3709 of the Revised Statutes (31 U.S.C. 529;44 U.S.C. 5). "(5) For the purpose of making payments pursuant to grants and contracts under this subsection, there are authorized to be appropriated $2,000,000 for the fiscal year ending June 30, 1975, $3,000,000 for the fiscal year ending June 30, 1976, and $4,000,000 for the fiscal year ending June 30, 1977.

42 USC 300C-1],

Grants.

Applications.

Payments.

41 USC 5. Appropriation.

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 92 Reports to congressiona 1 committees

PUBLIC LAW 93-271-APR. 22, 1974

[88 STAT.

"(c) The Secretary shall submit, not later than January 1, 1976, a comprehensive report to the Committee on Labor and Public Welfare of the Senate and the Committee on Interstate and Foreign Commerce of the House of Representatives respecting the administration of this section and the results obtained from the programs authorized by it." (b) The title of such title X I is amended by adding at the end thereof "AND S U D D E N I N F A N T D E A T H SYNDKOME". Approved April 22, 1974. Public Law 93-271

April 22, 1974 [H. R. 1 3 5 4 2 ]

F i s h and Wildlife Act of 1956, amendments.

Effective date. 16 USC 742 note.

AN ACT To abolish the position of Commissioner of Fish and Wildlife, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,^ That section 3 of the Fish and Wildlife Act of 1956 (16 U.S.C. 742b) is amended— (1) by striking out ", and the position of Commissioner of Fish and Wildlife" in the first sentence of subsection (a); (2) by striking out all of that part of subsection (a) which follows the second sentence thereof; and (3) by striking out subsections (b) through (f) and inserting in lieu thereof the following: "(b) There is established within the Department of the Interior the United States Fish and Wildlife Service. The functions of the United States Fish and Wildlife Service shall be administered under the supervision of the Director, who shall be subject to the supervision of the Assistant Secretary for Fish and Wildlife. The Director of the United States Fish and Wildlife Service shall be appointed by the President, by and with the advice and consent of the Senate. No individual may be appointed as the Director unless he is, by reason of scientific education and experience, knowledgeable in the principles of fisheries and wildlife management. "(c) The United States Fish and Wildlife Service established by subsection (b) shall succeed to and replace the United States Fish and "W^ildlife Service (as constituted on June 30, 1974) and the Bureau of Sport Fisheries and Wildlife (as constituted on such date). All laws and regulations in effect on June 30, 1974, which relate to matters administered by the Department of the Interior through the United States Fish and Wildlife Service (as constituted on such date) and the Bureau of Sport Fisheries and Wildlife (as constituted on such date) shall remain in effect. " (d) All functions and responsibilities placed in the Department of the Interior or any official thereof by this Act shall be included among the functions and responsibilities of the Secretary of the Interior, as the head of the Department, and shall be carried out under his direction pursuant to such procedures or delegations of authority as he may deem advisable and in the public interest." SEC. 2. Paragraph (42) of section 5316 of title 5, United States Code, is amended by striking out "Commissioner of Fish and Wildlife" and inserting in lieu thereof "Director, United States Fish and Wildlife Service". SEC. 3. The amendments made by this Act shall take effect on July 1, 1974. Approved April 22, 1974.

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PUBLIC LAW 9.'^-273-APR. 26, 1974

93

Public Law 93-272 AN ACT

April 24, 1974 TTT

To amend the District of Columbia Self-Government and Governmental Reorganization Act to clarify the provision relating to the referendum on the issue of the advisory neighborhood councils. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first paragraph of the matter on the referendum ballot relating to the advisory neighborhood councils, appearing in section 703(a) of the District of Columbia Self-Government and Governmental Keorganization Act is amended to read as follows: " I n addition, the Act referred to above authorizes the establishment of advisory neighborhood councils if a majority of the registered qualified voters of the District voting on this issue in this referendum vote for the establishment of such councils." Approved April 24, 1974.

^J

13

191091

L_^

i._

D.C. Advisory neigh-

bo^ho'^^d°coun' ciis. ^if,fff^'^"/J,'^"' D.C. code i121 note.

Public Law 93-273 AN ACT

To provide increases in certain annuities payable under chapter 83 of title 5, United States Code, and for other purposes.

April 26, 1974 [S.1866]

Be it enacted by the Senate and House of Representatives of the F United States of America in Congress assembled, That section 8345 of ^^^.e d e r a l employees title 5, United States Code, is amended by adding at the end thereof Annuity increas the following new subsection: ^^• " (f)(1) Notwithstanding any other provision of this subchapter, other than this subsection, the monthly rate of annuity payable under subsection (a) of this section shall not be less than the smallest primary insurance amount, including any cost-of-living increase added to that amount, authorized to be paid from time to time under title II of the Social Security Act. 42 USC 401. "(2) Notwithstanding any other provision of this subchapter, other than this subsection, the monthly rate of annuity payable under subsection (a) of this section to a surviving child shall not be less than the smallest primary insurance amount, including any cost-of-living increase added to that amount, authorized to be paid from time to time under title II of the Social Security Act, or three times such primary insurance amount divided by the number of surviving children entitled to an annuity, whichever is the lesser. "(3) The provisions of this subsection shall not apply to an annuitant or to a survivor who is or becomes entitled to receive from the United States an annuity or retired pay under any other civilian or military retirement system, benefits under title II of the Social Security Act, a pension, veterans' compensation, or any other periodic payment of a similar nature, when the monthly rate thereof, is equal to or greater than the smallest primary insurance amount, including any cost-of-living increase added to that amount, authorized to be paid from time to time under title II of the Social Security Act.". SEC. 2. (a) An annuity payable from the Civil Service Retirement separations and Disability Fund to a former employee or Member, which is based oc\°obe°r 20, 1969. on a separation occurring prior to October 20, 1969, is increased by s use 8339 note. $240. 5 USC 8341 (b) In lieu of any increase based on an increase under subsection note. (a) of this section, an annuity payable from the Civil Service Retire ment and Disability Fund to the surviving spouse of an employee.

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5 USC 8345 note.

Effective date. 5 USC 8345 note.

[88 STAT.

Member, or annuitant, which is based on a separation occurring prior to October 20, 1969, shall be increased by $132. (c) The monthly rate of an annuity resulting from an increase under this section shall be considered as the monthly rate of annuity payable under section 8345(a) of title 5, United States Code, for purposes of computing the minimum annuity under section 8345(f) of title 5, as added by the first section of this Act. SEC. 3. This Act shall become effective on the date of enactment. Annuity increases under this Act shall apply to annuities which commence before, on, or after the date of enactment of this Act, but no increase in annuity shall be paid for any period prior to the first day of the first month which begins on or after the ninetieth day after the date of enactment of this Act, or the date on which the annuity commences, whichever is later. Approved April 26, 1974. Public Law 93-274

May 6, 1974 [S.2770]

AN ACT To amend chapter 5 of title 37, United States Code, to revise the special pay structure relating to medical officers of the uniformed services.

Be it enacted by the Senate and House of Representatives of the Uniformed serv- United States of America in Congress assembled, That chapter 5 of ^'Medicai offititle 37, United States Code, is amended as follows: cers, revised pay (1) Section 302 is amended to read as follows and the item in structure. the chapter analysis is amended to correspond with the revised catchline; 37 USC 302. "§302. Special pay: physicians "An officer of the Army or Navy in the Medical Corps, an officer of the Air Force who is designated as a medical officer, or a medical officer of the Public Health Service, who is on active duty for a period of at least one year is entitled, in addition to any other pay or allowances to which he is entitled, to special pay at the following rates— "(1) $100 a month for each month of active duty if he has not completed two years of active duty in a category named in this section; or "(2) $350 a month for each month of active duty if he has completed at least two years of active duty in a category named in this section. The amounts set forth in this section may not be included in computing the amount of an increase in pay authorized by any other provision of this title or in computing retired pay or severance pay.". (2) The following new section is added after section 302a and a corresponding item is inserted in the chapter analysis: 37 USC 302b. "§302b. Special pay: dentists "An officer of the Army or Navy in the Dental Corps, an officer of the Air Force who is designated as a dental officer, or a dental officer of the Public Health Service, who is on active duty for a period of at least one year is entitled, in addition to any other pay or allowances to which he is entitled, to special pay at the following rates— "(1) $100 a month for each month of active duty if he has not completed two years of active duty in the Dental Corps or as a dental officer:

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"(2) $150 a month for each month of active duty if he has completed at least two years of active duty in the Dental Corps or as a dental officer; "(3) $250 a month for each month of active duty if he has completed at least six years of active duty in the Dental Corps or as a dental officer; or "(4) $350 a month for each month of active duty if he has completed at least ten years of active duty in the Dental Corps or as a dental officer. The amounts set forth in this section may not be included in computing the amount of an increase in pay authorized by any other provision of this title or in computing retired pay or severance pay.". (3) That portion of the first sentence of section 311(a) preceding clause (1) is amended to read as follows: " (a) Under regulations to be prescribed by the Secretary of Defense or by the Secretary of Health, Education, and Welfare, as appropriate, an officer of the Army or Navy in the Medical Corps above the pay grade of 0 - 6, an officer of the Air Force who is designated as a medical officer and is above the pay grade of 0 - 6, a medical officer of the Public Health Service above the pay grade of 0 - 6, an officer of the Army or Navy in the Dental Corps, an officer of the Air Force who is designated as a dental officer, or a dental officer of the Public Health Service who—". (4) By adding the following new section after section 312a and by inserting a corresponding item in the chapter analysis: "§313. Special pay: medical officers who execute active duty agreements " (a) Under regulations prescribed by the Secretary of Defense or by the Secretary of Health, Education, and Welfare, as appropriate, and approved by the President, an officer of the Army or Navy in the Medical Corps, an officer of the Air Force who is designated as a medical officer, or a medical officer of the Public Health Service, who— " (1) is below the pay grade of 0 - 7; "(2) is designated as being qualified in a critical specialty by the Secretary concerned; " (3) is determined by a board composed of officers in the medical profession under criteria prescribed by the Secretary concerned to be qualified to enter into an active duty agreement for a specified number of years; "(4) is not serving an initial active duty obligation of four years or less or is not serving the first four years of an initial active duty obligation of more than four years; " (5) is not undergoing intern or initial residency training; and "(6) executes a written active duty agreement under which he will receive incentive pay for completing a specified number of years of continuous active duty subsequent to executing such an agreement; may, upon acceptance of the written agreement by the Secretary concerned, or his designee, and in addition to any other pay or allowances to which he is entitled, be paid an amount not to exceed $13,500 for each year of the active duty agreement. Upon acceptance of the agreement by the Secretary concerned, or his designee, and subject to subsections (b) and (c) of this section, the total amount payable becomes fixed and may be paid in annual, semiannual, or monthly installments, or in a lump sum after completion of the period of active duty specified iii the agreement, as prescribed by the Secretary concerned.

95

37 USC 311.

37 USC 313.

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 96 Regulations, Termination; refunds.

Regulations.

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

Effective and expiration dates. 37 USC 302 note.

PUBLIC LAW 93-275-lVIAY 7, 1974

[88 STAT.

"(b) Under regulations prescribed by the Secretary of Defense, the Secretary concerned, or his designee, may terminate, at any time, an officer's entitlement to the special pay authorized by this section. In that event, the officer is entitled to be paid only for the fractional part of the period of active duty that he served, and he may be required to refund any amount he received in excess of that entitlement. "(c) Under regulations prescribed by the Secretary of Defense or by the Secretary of Health, Education, and Welfare, as appropriate, an officer who has received payment under this section and who voluntarily, or because of his misconduct, fails to complete the total number of years of active duty specified in the written agreement shall be required to refund the amount received that exceeds his entitlement under those regulations. If an officer has received less incentive pay than he is entitled to under those regulations at the time of his separation from active duty, he shall be entitled to receive the additional amount due him. " (d) This section does not alter or modify any other service obligation of an officer. Completion of the agreed period of active duty, or other termination of an agreement, under this section does not entitle an officer to be separated from the service, if he has any other service obligation. " (e) The Secretary of Defense and the Secretary of Health, Education, and Welfare shall each submit a written report each year to the Committees on Armed Services of the Senate and House of Representatives regarding the operation of the special pay program authorized by this section. The report shall be on a fiscal year basis and shall contain— "(1) a review of the program for the fiscal year in which the report is submitted; and "(2) the plan for the program for the succeeding fiscal year. This report shall be submitted not later than April 30 of each year, beginning in 1975.". SEC. 2. The amendments made by this Act become effective on the first day of the first calendar month following the date of enactment. Except for the provisions of section 313 of title 37, United States Code, as added by section 1(4) of this Act, which will expire on June 30, 1976, the authority for the special pay provided by this Act shall, unless otherwise extended by Congress, expire on June 30, 1977. Approved May 6, 1974.

Public Law 93-275 May 7, 1974 [H, R. 1 1 7 9 3;

Federal Energy

AN ACT To reorganize and consolidate certain functions of the Federal Government in a new Federal Energy Administration in order to promote more efficient management of such functions.

Be it enacted by the Senate and House of Representatives United States of Amevica in Congress assembled.

Administration Act of 1974.

•'

^

of the

'

SHORT TITLE 15 USC 761 note.

1. This Act may be cited as the "Federal Energy Administration Act of 1974". SECTION

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PUBLIC LAW 93-275-MAY 7, 1974 DECLARATION OF PURPOSE

SEC. 2. (a) The Congress hereby declares that the general welfare and the common defense and security require positive and effective action to conserve scarce energy supplies, to insure fair and efficient distribution of, and the maintenance of fair and reasonable consumer prices for, such supplies, to promote the expansion of readily usable energy sources, and to assist in developing policies and plans to meet the energy needs of the Nation. (b) The Congress finds that to help achieve these objectives, and to assure a coordinated and effective approach to overcoming energy shortages, it is necessary to reorganize certain agencies and functions of the executive branch and to establish a Federal Energy Administration. (c) The sole purpose of this Act is to create an administration in the executive branch, called the Federal Energy Administration, to vest in the Administration certain functions as provided in this Act, and to transfer to such Administration certain executive branch functions authorized by other laws, where such transfer is necessary on an interim basis to deal with the Nation's energy shortages.

15 USC 761.

ESTABLISHMENT

SEC. 3. There is hereby established an independent agency in the executive branch to be known as the Federal Energy Administration (hereinafter in this Act referred to as the "Administration").

15 USC 762.

OFFICERS

SEC. 4. (a) There shall be at the head of the Administration an Administrator (hereinafter in this Act referred to as the "Administrator"), who shall be appointed by the President, by and with the advice and consent of the Senate. The Administrator shall receive compensation at the rate prescribed for offices and positions at level II of the Executive Schedule (5 U.S.C. 5313). The Administration shall be administered under the supervision and direction of the Administrator. (b)(1) The functions and powers of the Administration shall be vested in and exercised by the Administrator. (2) The Administrator may, from time to time and to the extent permitted by law, consistent with the purposes of this Act, delegate such of his functions as he deems appropriate. (c) There shall be in the Administration two Deputy Administrators, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall receive compensation at the rate prescribed for offices and positions at level III of the Executive Schedule (5 U.S.C. 5314). (d) There are authorized to be in the Administration six Assistant Administrators, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall receive compensa-

15 USC 763.

Compensation,

Functions, Delegation.

Deputy Administrators,

Assistant Administrators,,

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General Counsel.

5 USC 101 et seq.

Conflict of interest.

Report to Congress.

Publication in Federal Register.

PUBLIC LAW 93-275-MAY 7, 1974

[88 STAT.

tion at the rate prescribed for offices and positions at level IV of the Executive Schedule (5 U.S.C. 5315). (e) There shall be in the Administration a General Counsel, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall receive compensation at the rate prescribed for offices and positions at level IV of the Executive Schedule (5 U.S.C. 5315). (f)(1) There are authorized to be in the Administration not more than nine additional officers who shall be appointed by the Administrator and shall receive compensation at the rate prescribed for offices and positions at level V of the Executive Schedule (5 U.S.C. 5316). (2) If any person, other than an officer within subsections (c), (d), or (e) of this section, is to be assigned principal responsibility for any program that shall be instituted in the Administration for either (i) allocation, (ii) pricing, (iii) rationing (if effected), or (iv) Federal and State coordination, he shall be one of the officers authorized by paragraph (1) of this subsection except that he shall be appointed by the President by and with the advice and consent of the Senate. (3) Appointments to the positions described in this subsection may be made without regard to the provisions of title 5 of the United States Code governing appointments in the competitive service. (g) Subject to subsection (f) of this section, officers appointed pursuant to this section shall perform such functions as the Administrator shall specify from time to time. (h) The Administrator shall designate the order in which the Deputy Administrators and other officials shall act for and perform the functions of the Administrator during his absence or disability or in the event of a vacancy in his office. (i)(l) For the purposes of this Act, section 208(b) of title 18, United States Code, relating to conflicts of interest, can be invoked and implemented only by the Administrator personally. Such subsection shall not be invoked as to any person unless and until— (A) the Congress has received, ten days prior thereto, a written report containing notice of the Administrator's intention so to invoke such subsection, a detailed statement of the subject matter concerning which a conflict exists; and in the case of an exemption set forth in clause (1) of such subsection, the nature of an officer's or employee's financial interest; or in the case of an exemption set forth in clause (2) of such subsection, the name and statement of financial interest of each person who will come within such exemption; and (B) such written report is published in the Federal Eegister. (2) Nothing contained in this subsection shall affect in any way the applicability or operation of other laws relating to officers and employees of the United States Government. (j) No individual holding any of the positions described in subsections (a), (c), (d), and (e) oi this section may also hold any other position in the executive branch during the same period. rUNCTIONS AND PURPOSES OF THE FEDERAL ENERGY ADMINISTRATION

15 USC 764.

SEC. 5. (a) Subject to the provisions and procedures set forth in this Act, the Administrator shall be responsible for such actions as are

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taken to assure that adequate provision is made to meet the energy needs of the Nation. To that end, he shall make such plans and direct and conduct such programs related to the production, conservation, use, control, distribution, rationing, and allocation of all forms of energy as are appropriate in connection with only those authorities or functions— (1) specifically transferred to or vested in him by or pursuant to this Act; (2) delegated to him by the President pursuant to specific authority vested in the President by law; and (3) otherwise specifically vested in the Administrator by the Congress. (b) To the extent authorized by subsection (a) of this section, the Administrator shall— (1) advise the President and the Congress with respect to the establishment of a comprehensive national energy policy in relation to the energy matters for which the Administration has responsibility, and, in coordination with the Secretary of State, the integration of domestic and foreign policies relating to energy resource management; (2) assess the adequacy of energy resources to meet demands in the immediate and longer range future for all sectors of the economy and for the general public; (3) develop effective arrangements for the participation of State and local governments in the resolution of energy problems; (4) develop plans and programs for dealing with energy production shortages; (5) promote stability in energy prices to the consumer, promote free and open competition in all aspects of the energy field, prevent unreasonable profits within the various segments of the energy industry, and promote free enterprise; (6) assure that energy programs are designed and implemented in a fair and efficient manner so as to minimize hardship and inequity while assuring that the priority needs of the Nation are met; (7) develop and oversee the implementation of equitable voluntary and mandatory energy conservation programs and promote efficiencies in the use of energy resources; (8) develop land recommend policies on the import and export of energy resources; (9) collect, evaluate, assemble, and analyze energy information on reserves, production, demand, and related economic data; (10) work with business, labor, consumer and other interests and obtain their cooperation; (11) in administering any pricing authority, provide by rule. for equitable allocation of all component costs of producing propane gas. Such rules may require that (a) only those costs directly related to the production of propane may be allocated by any producer to such gas for purposes of establishing any price for propane, and (b) prices for propane shall be based on the prices for propane in effect on May 15, 1973. The Administrator shall not allow costs attributable to changes in ownership and

99

Propane gas prices.

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text: Dictionary of National Biography, 1885-1900/Bancroft, Thomas (1756-1811)


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[88 STAT.

movement of propane gas where, in the opinion of the Administrator, such changes in ownership and movement occur primarily for the purpose of establishing a higher price; and (12) perform such other functions as may be prescribed by law. TRANSFERS Transfer of functions. 15 USC 765,

SEC. 6. (a) There are hereby transferred to and vested in the Administrator all functions of the Secretary of the Interior, the Department of the Interior, and officers and components of that Department— (1) as relate to or are utilized by the Office of Petroleum Allocation; (2) as relate to or are utilized by the Office of Energy Conservation; (3) as relate to or are utilized by the Office of Energy Data and Analysis; and (4) as relate to or are utilized by the Office of Oil and Gas. (b) There are hereby transferred to and vested in the Administrator all functions of the Chairman of the Cost of Living Council, the Executive Director of the Cost of Living Council, and the Cost of Living Council, and officers and components thereof, as relate to or are utilized by the Energy Division of the Cost of Living Council. ADMINISTRATIVE PROVISIONS

Attorneys, 15 USC 766.

5 USC 5101.

5 USC 101 et seq. Experts and consultants.

5 USC 5332 note. Rules and regulations. eost of Living eouncil, notification.

SEC. 7. (a)(1) The Administrator may appoint, employ, and fix the compensation of such officers and employees, including attorneys, as are necessary to perform the functions vested in him, and prescribe their authority and duties. In addition to the number of positions which may be placed in GS-16, 17, and 18 under existing law, not to exceed 91 positions may be placed in GS-16,17, and 18 to carry out the functions under this Act: Provided, That the total number of positions within the Administration in GS-16, 17, 18 shall not exceed 105: And provided further, That, except as provided in paragraph (2) of this subsection, the authority under this subsection shall be subject to the standards and procedures prescribed under Chapter 51 of title 5, United States Code, and shall continue only for the duration of the exercise of functions under this Act. (2) Twenty-five of the GS-16, 17, and 18 positions authorized by paragraph (1) of this subsection may be filled without regard to the provisions of title 5 of the United States Code governing appointments in the competitive service. (b) The Administrator may employ experts, expert witnesses, and consultants in accordance with section 3109 of title 5 of the United States Code, and compensate such persons at rates not in excess of the maximum daily rate prescribed for GS-18 under section 5332 of title 5 of the United States Code for persons in Government service employed intermittently. (c) The Administrator may promulgate such rules, regulations, and procedures as may be necessary to carry out the functions vested in him: Provided, That: (1) The Administrator shall, before promulgating proposed rules, regulations, or policies relating to the cost or price of energy, transmit notice of such proposed action to the Cost of Living Council and provide a period, which shall not be less than five days from the receipt of such notice, for the Cost of Living Council to approve or disapprove such proposed action. If during the period provided, the Cost of Living Council—

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 there resembling a pendulum. Another, supposedly the male, appendage has been figured by Woodward [1869, p. 61] and by Laurie [1893, pl. 2, fig. 13]. This is hastate at its proximal end, and sharply pointed at its distal extremity in Woodward's figure while Laurie represents it as a short, blunt process, but Laurie's figure suggests that it was taken from a fragmentary specimen. Woodward and Laurie also figure the pair of triangular areas in front of the process. Schmidt mentions only faint traces of the sutures in  [ op. cit. p. 78] and our material has not shown them at all. As they are also absent in Hughmilleria, they are probably a new acquisition in some species of Pterygotus.

In Slimonia the appendages have retained fundamentally the same structure as in Pterygotus, but they show greater elaboration. The frontal

paired triangular areas are distinctly set off. That form of the median lobe which is considered as belonging to the female [see Woodward, 1872, p. 116, fig. 35; Laurie, 1893, p. 513] terminates in three sharp points at its free end, while the other or male form terminates in a more or less truncated cone. This shows two or three deep transverse furrows, which Laurie thinks due to its having been eversible [op. cit. pl. 2, fig. 8].

In Eusarcus the genital appendages are still incompletely known. We have seen only fragments of the female appendage [ pl. 33, fig. 3; text fig. 55] which exhibit the triangular areas, the hastate basal portion of the first lobe, and a faint impression of the second lobe. Indications of the interior tubular appendages have also been seen. According to this evidence the whole organ is a simpler expression of that in Eurypterus.


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(A) approves such proposed action, it may take effect; (B) disapproves such proposed action, it shall not take effect; or (C) fails to either approve or disapprove such proposed action, it may take effect in the same manner as if the Cost of Living Council had given its approval. (2) The Administrator shall, before promulgating proposed rules, regulations, or policies affecting the quality of the environment, provide a period of not less than five days from receipt of notice of the proposed action during which the Administrator of the Environmental Protection Agency may provide written comments concerning the impact of such rules, regulations, or policies on the quality of the environment. Such comments shall be published along with public notice of the proposed action. The review required by paragraphs (1) and (2) of this subsection may be waived for a period of fourteen days if there is an emergency situation which, in the judgment of the Administrator, requires immediate action. (d) The Administrator may utilize, with their consent, the services, personnel, equipment, and facilities of Federal, State, regional, and local public agencies and instrumentalities, with or without reimbursement therefor, and may transfer funds made available pursuant to this Act, to Federal, State, regional, and local public agencies and instrumentalities, as reimbursement for utilization of such services, personnel, equipment, and facilities. (e) The Administrator shall cause a seal of office to be made for the Administration of such design as he shall approve, and judicial notice shall be taken of such seal. (f) The Administrator may accept unconditional gifts or donations of money or property, real, personal, or mixed, tangible or intangible. (g) The Administrator may enter into and perform contracts, leases, cooperative agreements, or other similar transactions with any public agency or instrumentality or with any person, firm, association, corporation, or institution. (h) The Administrator may perform such other activities as may be necessary for the effective fulfillment of his administrative duties and functions. (i)(1)(A) Subject to paragraphs (B), (C), and (D) of this subsection, the provisions of subchapter II of chapter 5 of title 5, United States Code, shall apply to any rule or regulation, or any order having the applicability and effect of a rule as defined in section 551(4) of title 5, United States Code, issued pursuant to this Act, including any such rule, regulation, or order of a State or local government agency, or officer thereof, issued pursuant to authority delegated by the Administrator. (B) Notice of any proposed rule, regulation, or order described in paragraph (A) shall be given by publication of such proposed rule, regulation, or order in the Federal Register. In each case, a minimum of ten days following such publication shall be provided for opportunity to comment; except that the requirements of this paragraph as to time of notice and opportunity to comment may be waived where strict compliance is found to cause serious harm or injury to the public health, safety, or welfare, and such finding is set out in detail in such rule, regulation, or order. In addition, public notice of all rules, regulations, or orders described in paragraph (A) which are promulgated

101

Comments.

Publication. Review, waiver.

co^oplraffo^".^

^^siouts, accept^"''^' contract author ^'^"

s use ssi.

Publication in ^ "^ agister, comments.

Public notice,

publication.

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[88 STAT.

by officers of a State or local government agency shall to the maximum extent practicable be achieved by publication of such rules, regulations, or orders in a sufficient number of newspapers of statewide circulation calculated to receive widest possible notice. Views, oral (C) In addition to the requirements of paragraph (B), if any rule, presentation. regulation, or order described in paragraph (A) is likely to have a substantial impact on the Nation's economy or large numbers of individuals or businesses, an opportunity for oral presentation of views, data, and arguments shall be afforded. To the maximum extent practicable, such opportunity shall be afforded prior to the issuance of such rule, regulation, or order, but in all cases such opportunity shall be afforded no later than forty-five days after the issuance of any such rule, regulation, or order. A transcript shall be kept of any oral presentation. (D) Any officer or agency authorized to issue the rules, regulations, or orders described in paragraph (A) shall provide for the making of such adjustments, consistent with the other purposes of this Act, as may be necessary to prevent special hardship, inequity, or unfair distribution of burdens and shall, by rule, establish procedures which are available to any person for the purpose of seeking an interpretation, modification, rescission of, exception to, or exemption from, such rules, regulations, and orders. If such person is aggrieved or adversely affected by the denial of a request for such iiction under the preceding sentence, he may request a review of such denial by the officer or agency and may obtain judicial review in accordance with paragraph (2) of Hearing. this subsection when such denial becomes final. The officer or agency shall, by rule, establish appropriate procedures, including a hearing where deemed advisable by the officer or agency, for considering such requests for action under this paragraph. Public infoi(E) In addition to the requirements of section 552 of title 5, United mation. States Code, any agency authorized to issue the rules, regulations, or orders described in paragraph (A) shall make available to the public all internal rules and guidelines which may form the basis, in whole or in part, for any such rule, regulation, or order with such modifications as are necessary to insure confidentiality protected under such section 552. Such agency shall, upon written request of a petitioner filed after any grant or denial of a request for exception or exemption from rules or orders, furnish the petitioner with a written opinion setting forth applicable facts and the legal basis in support of such grant or denial. Such opinions shall be made available to the petitioner and the public within thirty days of such request, with such modifications as are necessary to insure confidentiality of information protected under such section 552. Judicial review. (£) (A) Judicial rcvicw of administrative rulemaking of general and national applicability done under this Act, except that done pursuant to the Emergency Petroleum Allocation Act of 1973, may be obtained 15 USC 751 note. only by filing a petition for review in the United States Court of Appeals for the District of Columbia within thirty days from the date of promulgation of any such rule, regulation, or order, and judicial review of administrative rulemaking of general, but less than national, applicability done under this Act, except that done pursuant to the Emergency Petroleum Allocation Act of 1973, may be obtained only by filing a petition for review in the United States Court of Appeals for the appropriate circuit within thirty days from the date of promulgation of any such rule, regulation, or order, the appropriate circuit being defined as the circuit which contains the area or the greater part of the area within which the rule, regulation, or order is to have effect.

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(B) Notwithstanding the amount in controversy, the district courts of the United States shall have exclusive original jurisdiction of all other cases or controversies arising under this Act, or under rules, regulations, or orders issued thereunder, except any actions taken to implement or enforce any rule, regulation, or order by any officer of a State or local government agency under this Act: Provided,, That nothing in this section affects the power of any court of competent jurisdiction to consider, hear, and determine in any proceeding before it any issue raised by way of defense (other than a defense based on the unconstitutionality of this Act or the validity of action taken by any agency under this Act). If in any such proceeding an issue by way of defense is raised based on the unconstitutionality of this Act or the validity of agency action under this Act, the case shall be subject to removal by either party to a district court of the United States in accordance with the applicable provisions of chapter 89 of title 28, United States Code. Cases or controversies arising under any rule, regulation, or order of any officer of a State or local government agency may be heard in either (1) any appropriate State court, or (2) without regard to the amount in controversy, the district courts of the United States. (3) The Administrator may by rule prescribe procedures for State or local government agencies authorized by the Administrator- to carry out functions under this Act. Such procedures shall apply to such agencies in lieu of paragraph (1) of this subsection, and shall require that prior to taking any action, such agencies shall take steps reasonably calculated to provide notice to persons who may be affected by the action, and shall afford an opportunity for presentation of views (including oral presentation of views where practicable) at least ten days before taking the action. (j) The Administration, in connection with the exercise of the authority under this Act, shall be considered an independent Federal regulatory agency for the purposes of sections 3502 and 3512 of title 44 of the United States Code.

103 Jurisdiction.

28 USC i44i.

T R A N S I T I O N A L AND SAVINGS PROVISIONS

SEC. 8. (a) All orders, determinations, rules, regulations, permits, contracts, certificates, licenses, and privileges— (1) which have been issued, made, granted, or allowed to become effective by the President, by any Federal department or agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred under this Act, and (2) which are in effect at the time this Act takes effect, shall continue injeffect according to their terms until modified, terminated, superseded, set aside, or revoked by the President, the Administrator, other authorized officials, a court of competent jurisdiction, or by operation of law. (b) This Act shall not affect any proceeding pending, at the time this Act takes effect, before any department or agency (or component thereof) regarding functions which are transferred by this Act; but such proceedings, to the extent that they relate to functions so transferred, shall be continued. Orders shall be issued in such proceedings, appeals (except as provided in section 7(i)(2) of this Act) shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall

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be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions, and to the same extent, that such proceeding could have been discontinued if this Act had not been enacted. (c) Except as provided in subsection (e) — (1) the provisions of this Act shall not affect suits commenced prior to the date this Act takes effect, and (2) in all such suits proceedings shall be had, appeals taken, and judgments rendered, in the same manner and efi'ect as if this Act had not been enacted. Litigation. ((j^ j^Q suit, action, or other proceeding commenced by or against any officer in his official capacity as an officer of any department or agency, functions of which are transferred by this Act, shall abate by reason of the enactment of this Act. No cause of action by or against any department or agency, functions of which are transferred by this Act, or by or against any officer thereof in his official capacity shall abate by reason of the enactment of this Act. Causes of actions, suits, actions, or other proceedings may be asserted by or against the United States or such official as may be appropriate and, in any litigation pending when this Act takes effect, the court may at any time, on its own motion or that of any party, enter any order which will give effect to the provisions of this section. (e) If, before the date on which this Act takes effect, any department or agency, or officer thereof in his official capacity, is a party to a suit, and under this Act any function of such department, agency, or officer is transferred to the Administrator, or any other official, then such suit shall be continued as if this Act had not been enacted, with the Administrator, or other official as the case may be, substituted. Judicial review. ^f^ Flual orders and actions of any official or component in the performance of functions transferred by this Act shall be subject to judicial review to the same extent and in the same manner as if such orders or actions had been made or taken by the officer, department, agency, or instrumentality in the performance of such functions immediately preceding the effective date of this Act. Any statutory requirements relating to notices, hearings, action upon the record, or administrative review that apply to any function transferred or delegated by this Act shall apply to the performance of those functions by the Administrator, or any officer or componeilt of the Administration. In the event of any inconsistency between the provisions of this subsection and section 7, the provisions of section 7 shall govern. (g) With respect to any function transferred by this Act and performed after the effective date of this Act, reference in any other law to any department or agency, or any officer or office, the functions of which are so transferred, shall be deemed to refer to the Administration, Administrator, or other office or officers in which this Act vests such functions. (h) 'Nothing contained in this Act shall be construed to limit, curtail, abolish, or terminate any function of the President which he had immediately before the effective date of this Act; or to limit, curtail, abolish, or terminate his authority to perform such function; or to limit, curtail, abolish, or terminate his authority to delegate, redelegate, or terminate any delegations of functions. (i) Any reference in this Act to any provision of law shall be deemed to include, as appropriate, references thereto as now or hereafter amended or supplemented.

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INCIDENTAL TRANSFERS

SEC. 9. The Director of the Office of Management and Budget is authorized and directed to make such additional incidental dispositions of personnel, personnel positions, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with functions which are transferred by or which revert under this Act, as the Director deems necessary and appropriate to accomplish the intent and purpose of this Act.

is use 768.

DEFINITIONS

SEC. 10. As used in this Act— (1) any reference to "function" or "functions" shall be deemed to include references to duty, obligation, power, authority, responsibility, right, privilege, and activity, or the plural thereof, as the case may be; and (2) any reference to "perform" or "performance", when used in relation to functions, shall be deemed to include the exercise of power, authority, rights, and privileges.

is use 769.

APPOINTMENTS

SEC. 11 (a) Funds available to any department or agency (or any official or component thereof), and lawfully authorized for any of the specific functions which are transferred to the Administrator by this Act, may, with the approval of the President, be used to pay the compensation and expenses of any officer appointed pursuant to this Act until such times as funds for that purpose are otherwise available. (b) In the event that any officer required by this Act to be appointed by and with the advice and consent of the Senate shall not have entered upon office on the effective date of this Act, the President may designate any officer, whose appointment was required to be made by and with the advice and consent of the Senate and who was such an officer immediately prior to the effective date of this Act, or any officer who was performing essentially the same functions immediately prior to the effective date of this Act, to act in such office until the office is filled as provided in this Act: Provided, That any officer acting pursuant to the provisions of this subsection may act no longer than a period of thirty days unless during such period his appointment as such an officer is submitted to the Senate for its advice and consent. (c) Transfer of nontemporary personnel pursuant to this Act shall not cause any such employee to be separated or reduced in grade or compensation, except for cause, for one year after such transfer. (d) Any person who, on the effective date of this Act, held a position compensated in accordance with the Executive Schedule prescribed in chapter 53 of title 5 of the United States Code, and who, without a break in service, is appointed in the Administration to a position having duties comparable to those performed immediately preceding his appointmeiifc, shall continue to be compensated in his -aw position at not less than the rate provided for his previous po'iition.

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'^"ties. use 7.

J!,t^°=V° Congress.

BY THE

COMPTROLLER

[88 STAT. GENERAL

SEC. 12. (a) For the duration of this Act, the Comptroller General ^£ ^j^^ United States shall monitor and evaluate the operations of the Administration including its reporting activities. The Comptroller General shall (1) conduct studies of existing statutes and regulations governing the Administration's programs; (2) review the policies and practices of the Administration; (3) review and evaluate the procedures followed by the Administrator in gathering, analyzing, and interpreting energy statistics, data, and information related to the management and conservation of energy, including but not limited to data related to energy costs, supply, demand, industry structure, and environmental impacts; and (4) evaluate particular projects or programs. The Comptroller General shall have access to such data within the possession or control of the Administration from any public or private source whatever, notwithstanding the provisions of any other law, as are necessary to carry out his responsibilities under this Act and shall report to the Congress at such times as he deems appropriate with respect to the Administration's programs, including his recommendations for modifications in existing laws, regulations, procedures, and practices. (b) The Comptroller General or any of his authorized representatives in carrying out his responsibilities under this section may request access to any books, documents, papers, statistics, data, records, and information of any person owning or operating facilities or business premises who is engaged in any phase of energy supply or major energy consumption, where such material relates to the purposes of this Act, including but not limited to energy costs, demand, supply, industry structure, and environmental impacts. The Comptroller General may request such person to submit in writing such energy information as the Comptroller General may prescribe. (c) The Comptroller General of the United States, or any of his duly authorized representatives, shall have access to and the right to examine any books, documents, papers, records, or other recorded information of any recipients of Federal funds or assistance under contracts, leases, cooperative agreements, or other transactions entered into pursuant to subsection (d) or (g) of section 7 of this Act which in the opinion of the Comptroller General may be related or pertinent to such contracts, leases, cooperative agreements, or similar transactions. ' (d) To assist in carrying out his responsibilities under this section, the Comptroller General may, with the concurrence of a duly established committee of Congress having legislative or investigative jurisdiction over the subject matter and upon the adoption of a resolution by such a committee which sets forth specifically the scope and necessity therefor, and the specific identity of those persons from whom information is sought, sign and issue subpenas requiring the production of the books, documents, papers, statistics, data, records, and information referred to in subsection (b) of this section. (e) I n case of disobedience to a subpena issued under subsection (d) of this section, the Comptroller General may invoke the aid of any district court of the United States in requiring the production of the books, documents, papers, statistics, data, records, and information referred to in subsection (b) of this section. Any district court of the United States within the jurisdiction where such person is found or transacts business may, in case of contumacy or refusal to obey a

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subpena issued by the Comptroller General, issue an order requiring such person to produce the books, documents, papers, statistics, data, records, or information; and any failure to obey such order of the court shall be punished by the court as a contempt thereof. (f) Reports submitted by the Comptroller General to the Congress Reports, avaiipursuant to this section shall be available to the public at reasonable ^ ' "^' cost and upon identifiable request. The Comptroller General may not disclose to the public any information which concerns or relates to a trade secret or other matter referred to in section 1905 of title 18, United States Code, except that such information shall be disclosed by the Comptroller General or the Administrator, in a manner designed to preserve its confidentiality— (1) to other Federal Government departments, agencies, and officials for official use upon request; (2) to committees of Congress upon request; and (3) to a court in any judicial proceeding under court order. INFORMATION-GATHERING

POWER

SEC. 13. (a) The Administrator shall collect, assemble, evaluate, and analyze energy information by categorical groupings, established by the Administrator, of sufficient comprehensiveness and particularity to permit fully informed monitoring and policy guidance with respect to the exercise of his functions under this Act. (b) All persons owning or operating facilities or business premises who are engaged in any phase of energy supply or major energy consumption shall make available to the Administrator such information and periodic reports, records, documents, and other data, relating to the purposes of this Act, including full identification of all data and projections as to source, time, and methodology of development, as the Administrator may prescribe by regulation or order as necessary or appropriate for the proper exercise of functions under this Act. (c) The Administrator may require, by general or special orders, any person engaged in any phase of energy supply or major energy consumption to file with the Administrator in such form as he may prescribe, reports or answers in writing to such specific questions, surveys, or questionnaires as may be necessary to enable the Administrator to carry out his functions under this Act. Such reports and answers shall be made under oath, or otherwise, as the Administrator may prescribe, and shall be filed with the Administrator within such reasonable period as he may prescribe. (d) The Administrator, to verify the accuracy of information he has received or otherwise to obtain information necessary to perform his functions under this Act, is authorized to conduct investigations, and in connection therewith, to conduct, at reasonable times and in a reasonable manner, physical inspections at energy facilities and business premises, to inventory and sample any stock of fuels or energy sources therein, to inspect and copy records, reports, and documents from which energy information has been or is being compiled, and to question such persons as he may deem necessary. (e)(1) The Administrator, or any of his duly authorized agents, shall have the power to require by subpena the attendance and testimony of witnesses, and the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence which the Administrator is authorized to obtain pursuant to this section.

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investigations.

subpena.

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(2) Any appropriate United States district court may, in case of contumacy or refusal to obey a subpena issued pursuant to this section, issue an order requiring the party to whom such subpena is directed to appear before the Administration and to give testimony touching on the matter in question, or to produce any matter described in paragraph (1) of this subsection, and any failure to obey such order of the court may be punished by such court as a contempt thereof. (f) The Administrator shall collect from departments, agencies and instrumentalities of the executive branch of the Government (including independent agencies), and each such department, agency, and instrumentality is authorized and directed to furnish, upon his request, information concerning energy resources on lands owned by the Government of the United States. Such information shall include, but not be limited to, quantities of reserves, current or proposed leasing agreements, environmental considerations, and economic impact analyses. P U B L I C DISCLOSURE OF INFORMATION

15 USC 773.

15 USC 78m, 78o.

Guidelines.

SEC. 14. (a) The Administrator shall make public, on a continuing basis, any statistical and economic analyses, data, information, and whatever reports and summaries are necessary to keep the public fully and currently informed as to the nature, extent, and projected duration of shortages of energy supplies, the impact of such shortages, and the steps being taken to minimize such impacts. (b) Subject to the provisions of this Act, section 552 of title 5, United States Code, shall apply to public disclosure of information by the Administrator: Provided, That notwithstanding said section, the provisions of section 1905 of title 18, United States Code, or any other provision of law, (1) all matters reported to, or otherwise obtained by, any person exercising authority under this Act containing trade secrets or other- matter referred to in section 190'5 of title 18, United States Code, may be disclosed to other persons authorized to perform functions under this Act solely to carry out the purposes of the Act, or when relevant in any proceeding under this Act; and (2) the Administrator shall disclose to the public, at a reasonable cost, and upon a request which reasonably describes the matter sought, any matter of the type which could not be excluded from public annual repor-ts to the Securities and Exchange Commission pursuant to section 13 or 15(d) of the Securities Exchange Act of 1934 by a business enterprise exclusively engaged in the manufacture or sale of a single product, unless such matter concerns or relates to the trade secrets, processes, operations, style of work, or apparatus of a business enterprise. (c) To protect and assure privacy of individuals and confidentiality of personal information, the Administrator is directed to establish guidelines and procedures for handling any information which the Administration obtains pertaining to individuals. He shall provide, to the extent practicable, in such guidelines and procedures a method for allowing any such individual to gain access to such information pertaining to himself. REPORTS A N D

Report to Congress. 15 USC 774.

RECOMMENDATIONS

SEC. 15. (a) Six months before the expiration of this Act, the President shall transmit to Congress a full I'eport together with his recommendations for—

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(1) disposition of the functions of the Administration upon its termination; (2) continuation of the Administration with its present functions; or (3) reorganization of the Administration; and (4) organization of the Federal Government for the management of energy and natural resources policies and programs. (b) Not later than one year after the effective date of this Act, the Report to PresAdministrator shall submit a report to the President and Congress gress.^" which will provide a complete and independent analysis of actual oil and gas reserves and resources in the United States and its Outer Continental Shelf, as well as of the existing productive capacity and the extent to which such capacity could be increased for crude oil and each major petroleum product each year for the next ten years mrough full utilization of available technology and capacity. The report shall also contain the Administration's recommendations for improving the utilization and effectiveness of Federal energy data and its manner of collection. The data collection and analysis portion of this report shall be prepared by the Federal Trade Commission for the Administration. Unless specifically prohibited by law, all Federal agencies shall make available estimates, statistics, data and other information in their files which, in the judgment of the Commission or Administration, are necessary for the purposes of this subsection. (c) The Administrator shall prepare and submit directly to the Report to PresCongress and the President every year after the date of enactment of gress.^" this Act a report which shall include— (1) a review and analysis of the major actions taken by the Administrator; (2) an analysis of the impact these actions have had on the Nation's civilian requirements for energy supplies for materials and commodities; (3) a projection of the energy supply for the midterm and long term for each of the major types of fuel and the potential size and impact of any anticipated shortages, including recommendations for measures to— (A) minimize deficiencies of energy supplies in relation to needs; (B) maintain the health and safety of citizens; (C) maintain production and employment at the highest feasible level; (D) equitalDly share the burden of shortages among indivdduals and business firms; and (E) minimize any distortion of voluntary choices of individuals and firms; (4) a summary listing of all recipients of funds and the amount thereof within the preceding period; and (5) a summary listing of information-gathering activities conducted under section 13 of this Act. (d) Not later than thirty days after the effective date of this Act, <=itizen fuel the Administrator shall issue preliminary summer guidelines for citi- guideli'^"!'^ zen fuel use. (e) The Administrator shall provide interim reports to the Con- interim reports gress from time to time and when requested by committees of Congress. ° °"^''^^^' SEX DISCRIMINATTON

SEC. 16. No individual shall on the grounds of sex be excluded from ^^ ^^^ ''^s. participation in, be denied the benefits of, or be subjected to discrimination under any program or activity carried on or receiving Federal

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assistance under this Act. This provision will be enforced through agency provisions and rules similar to those already established, with respect to racial and other discrimination, under title VI of the Civil Rights Act of 1964. However, this remedy is not exclusive and will not prejudice or remove any other legal remedies available to any individual alleging discrimination. ADVISORY COMMITTEE S

15 USC 776.

Meetings.

Reports, avail-

ability,

5 USC app. I.

gj,(3^ i^^ ^a^^ Whenever the Administrator shall establish or utilize any board, task force, commission, committee, or similar group, not composed entirely of full-time Government employees, to advise with respect to, or to formulate or carry out, any agreement or plan of action affecting any industry or segment thereof, the Administrator shall endeavor to insure that each such group is reasonably representative of the various points of view and functions of the industry and users affected, including those of residential, commercial, and industrial consumers, and shall include, where appropriate, representation from both State and local governments, and from representatives of State regulatory utility commissions, selected after consultation with the respective national associations. ^jj^^ Each meeting of such board, task force, commission, committee, or similar group, shall be open to the public, and interested persons shall be permitted to attend, appear before, and file statements with, such group, except that the Administrator may determine that such meeting shall be closed in the interest of national security. Such determination shall be in writing, shall contain a detailed explanation of reasons in justification of the determination, and shall be made available to the public. ((3) j ^ \ \ records, I'eports, transcripts, memoranda, and other documents, which were prepared for or by such group, shall be available for public inspection and copying at a single location in the offices of the Administration. (d) Advisory committees established or utilized pursuant to this Act shall be governed in full by the provisions of the Federal Advisory Committee Act (Public Law 92-463, 86 Stat. 770), except as inconsistent with this section. ECONOMIC A N A L Y S I S OF PROPOSED ACTIONS

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gj,(._ 28. (a) In carrying out the provisions of this Act, the Administrator shall, to the greatest extent practicable, insure that the potential economic impacts of proposed regulatory and other actions are evaluated and considered, including but not limited to an analysis of the effect of such actions on— (1) the fiscal integrity of State and local governments; (2) vital industrial sectors of the economy; (3) employment, by industrial and trade sectors, as well as on a national, regional. State, and local basis; (4) the economic vitality of regional. State, and local areas; (5) the availability and price of consumer goods and services; (6) the gross national product; (7) low and middle income families as defined by the Bureau of Labor Statistics; (8) competition in all sectors of industry; and (9) small business. (b) The Administrator shall develop analyses of the economic impact of various conservation measures on States or significant sectors

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