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1529

on Historic Preservation or the Chairman of the National Endowment for the Arts, or the consultants retained by the Secretary upon their recommendation; and (E) the raih'oad passenger terminal and the conversion project meet such other criteria as the Secretary shall develop and promulgate in consultation with the Chairman of the National Endowment of the Arts and the Advisory Council on Historic Preservation. The Secretary shall make grants not later than July 1, 1976. gjj;^^"'^' ^^^^""^i The amount of the Federal share of any grant under this paragraph shall not exceed 60 per centum of the total cost of conversion of a railroad passenger terminal into an intermodal transportation terminal. " (3) Financial assistance for the purpose set forth in paragraph (1) (B) of this subsection may be granted in accordance with regulations, to any responsible person (including a governmental entity) who is empowered by applicable law, qualified, prepared, and committed, on an interim basis pending the formulation of plans for reuse, to maintain (and prevent the demolition, dismantling, or further deterioration of) a railroad passenger terminal: Provided, That (A) such terminal has, in the opinion of the Secretary, a reasonable likelihood of being converted to or conditioned for reuse as an intermodal transportation terminal, a civic or cultural activities center, or both; and (B) planning activity aimed at conversion or reuse has commenced and is proceeding in a competent manner. Funds appropriated for the purpose of this paragraph and paragraph (1)(B) of this subsection shall be expended in the manner most likely to maximize the preservation of railroad passenger terminals capable reasonably of conversion to intermodal transportation terminals or which are listed in the National Register of Historic Places maintained by the Secretary of the Interior or which are recommended (on the basis of architectural integrity and quality) by the Chairman of the National Endowment for the Arts or the Advisory Council on Historic Preservation. The amount of the Federal share of any grant under this paragraph shall not exceed 60 per centum of the total cost of such interim maintenance for a period not to exceed five years. "(4) Financial assistance for the purpose set forth in paragraph (1)(C) of this subsection may be granted, in accordance with regulations, to a qualified person (including a governmental entity) who is prepared to develop practicable plans meeting the zoning, land use, and other requirements of the applicable State and local jurisdictions in which the rail passenger terminal is located as well as requirements under this subsection; who shall incorporate into the designs and plans proposed for the conversion of such terminal into an intermodal transportation terminal, a civic or cultural center, or both, features which reasonably appear likely to attract private investors willing to undertake the implementation of such planned conversion and its subsequent maintenance and operation; and who shall complete the designs and plans for such conversion within two years following the approval of the application for Federal financial assistance under this subsection. In making grants under this paragraph, the Secretary shall give preferential consideration to applicants whose completed designs and plans will be implemented and effectuated within three years after the date of completion. Funds appropriated for the purpose of this paragraph and paragraph (1)(C) of this subsection shall be expended in the manner most likely to maximize the conversion and continued public use of railroad passenger terminals which are listed in the National Register of Historic Places maintained by the Secretary of the Interior or which are recommended (on the basis of architectural integrity and quality) by the Advisory Council on Historic Preservation or the Chairman of the National Endowment for

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Regulations.

Recordkeeping.

Audit.

Records, cessibility.

Appropriation.

" C i v i c and cultural a c t i v i ties.•»

Disc ontinuanc e of service.

Appropriation.

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[88 STAT.

the Arts. The amount of the Federal share of any grant under this paragraph shall not exceed 60 per centum of the total cost of the project or undertaking for which the financial assistance is provided. "(5) Within ninety days after the date of enactment of this subsection, the Secretary shall issue, and may from time to time amend, regulations with respect to financial assistance under this subsection and procedures for the award of such assistance. Eacli application for assistance under this subsection shall be made in writing in such form and with such content and other submissions as the Secretary shall require. "(6) The National Railroad Passenger Corporation shall give preference to using station facilities that would preserve buildings of historical and architectural significance. "(7) Each recipient of financial assistance under this subsection shall keep such records as the Secretary shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance was given or used, the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. Until the expiration of three years after completion of such project or undertaking, the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of such receipts which, in the opinion of the Secretary or the Comptroller General, may be related or pertinent to such financial assistance. "(8) There is authorized to be appropriated to the Secretary for the purpose set forth in paragraph (1)(A) of this subsection sums not to exceed $15,000,000; (B) for the purpose set forth in paragraph (1)(B) of this subsection sums not to exceed $5,QOO,000; and, (C) for the purpose set forth in paragraph (1)(C) of this subsection sums not to exceed $5,000,000. Such sums as are appropriated shall remain available until expended. " (9) As used in this subsection, 'civic and cultural activities' include, but are not limited to, libraries, musical and dramatic presentations, art exhibitions, adult education programs, public meeting place for community groups, convention visitors and others, and facilities for carrying on activities supported in whole or in part under Federal law. "(10) Nothing in this subsection shall be construed to invalidate the eligibility of any station for funds designed to assist in its preservation or reuse under any other Federal program or statute.". SEC. 7. Section 404(b) of such Act (45 U.S.C. 564(b)), relating to discontinuance of service by the Corporation, is amended— (1) by striking out "July 1, 1974" in paragraph (1) and paragraph (3) and inserting in lieu thereof in each such paragraph "July 1, 1975"; and (2) by striking out "the expiration of the one-year period beginning on the date of enactment of this sentence" in the second sentence of paragraph (2) and inserting in lieu thereof "July 1, 1975". SEC. 8. (a) Section 601(a) of such Act (45 U.S.C. 601(a)), relating to authorization for appropriations, is amended (1) by striking out "$334,300,000" and inserting in lieu thereof "$534,300,000"; and (2) by adding at the end thereof the following new sentence: "Payments by the Secretary to the Corporation of appropriated funds shall

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be made no more frequently than every 90 days, unless the Corporation, for good cause, requests more frequent payment before the expiration of any 90-day period.". SEC. 9. (a) Section 602(d) of such Act (45 U.S.C. 602(d)), relating to the maximum amount of guaranteed loans which may be outstanding at any time, is amended by striking out "$500,000,000" and inserting in lieu thereof "$900,000,000". (b) Section 602 of such Act (45 U.S.C. 602) is amended by adding at the end thereof the following new subsections: " (h) The Secretary shall, within 180 days after the date of enactment of this subsection, issue general guidelines designed to assist the Corporation in the formulation of capital and budgetary plans. "(i) Any request made by the Corporation for the guarantee of a loan pursuant to this section, which has been approved by the Board of Directors of the Corporation, shall be approved by the Secretary if, in the discretion of the Secretary, such request falls within the approved capital and budgetary guidelines issued under subsection (h).". SEC. 10. Section 801(b) of such Act (45 U.S.C. 641(b)) is amended to read as follows: " (b) A civil action may be brought by the Commission to enforce any provision of subsection (a) of this section. The Department of Justice shall represent the Commission in all court proceedings pursuant to this subsection, except that in any case in which the Commission seeks to challenge action or inaction on the part of any party which the Department of Justice is representing, the Commission may be represented by its own attorneys. Unless the Attorney General notifies the Commission within 45 days of a request for representation that he will represent the Commission, such representation may be made by attorneys designated by the Commission. Any action to enforce the provisions of subsection (a) may be maintained in the district court of the United States for any district in which a defendant is found, resides, transacts business, or maintains an a^ent for service of process. All process in any such suit may be served in any judicial district in which the person to be served is an inhabitant or in which he may he found.". SEC. 11. Section 805(2)(A) of such Act (45 U.S.C. 644 (2)(A)) is amended—• (1) by striking out the first two sentences and inserting in lieu thereof the following: "The Comptroller General of the United States shall conduct annually a performance audit of the activities and transactions of the Corporation in accordance with generally accepted management principles, and under such rules and regulations as may be prescribed by the Comptroller General. Any such audit shall be conducted at such place or places as the Comptroller General may deem appropriate."; and (2) by striking out "financial transactions" in the third sentence and inserting in lieu thereof "financial and other transactions". SEC. 12. The Rail Passenger Service Act of 1970 is amended by striking out "Rail Passenger Service Act of 1970" each place it appears and inserting in lieu thereof at each such place "Rail Passenger Service Act". SEC. 13. The High Speed Ground Transportation Act (49 U.S.C. 1631 et seq.) is amended by adding at the end thereof the following new section: "SEC. 13. (a) The Secretary shall make an investigation and study, for the purpose of determining the social advisability, technical feasi-

Guaranty of loans.

Guidelines.

Approval,

Enforcement procedures.

Annual audit.

26 USC 250, 45 USC 501 note.

High-speed ground transpor tation system, study. 49 USC 1643.

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Contract authority.

Reports to P r e s ident and Congress.

Appropriation.

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[88 STAT.

bility, and economic practicability, of a high-speed ground transportation system between the cities of Tijuana in the State of Baja California, Mexico, and Vancouver in the Province of British Columbia, Canada, by way of the cities of Seattle in the State of Washington, Portland in the State of Oregon, and Sacramento, San Francisco, Fresno, Los Angeles, and San Diego in the State of California. In carrying out such investigation and study the Secretary shall consider— "(1) the various means of providing such transportation, including both existing modes and those under development, such as the tracked levitation vehicle; "(2) the cost of establishing and operating such a system, including any acquisition of necessarv rights-of-way; "(3) the environmental impact oi such a system, including the future environmental impact from air and other transportation modes if such a system is not established; "(4) the factors which would determine the future adequacy and commercial success of any such system, including the speed at which it would operate, the quality of service which could be offered, its cost to potential users, its convenience to potential users, and its ability to expand to meet projected increases in demand; "(5) the efficiency of energy utilization and impact on energy resources of such a system, including the future impact of existing transportation systems on energy resources if such a system is not established; "(6) the ability of such a system to be integrated with other local and intrastate transportation systems, both existing and planned, in order to create balanced and comprehensive transit systems; "(7) coordination with other studies undertaken on the State and local level; "(8) the impact of the design and location of transportation lines in creating desirable patterns of population distribution and growth; and " (9) such other matters as he deems appropriate. " (b) I n carrying out any investigation and study pursuant to this section, the Secretary shall consult with, and give consideration to the views of, the Civil Aeronautics Board, the Interstate Commerce Commission, the National Railroad Passenger Corporation, the Corps of Engineers, and regional, State, and local transportation planning agencies. The Secretary may, for the purpose of carrying out such investigation and study, enter into contracts and other agreements with public or private agencies, institutions, organizations, corporations or individuals, without regard to sections 3648 and 3709 of the Revised Statutes of the United States (31 U.S.C. 529; 41 U.S.C. 5). "(c) The Secretary shall report the results of the study and investigation made pursuant to this section, together with his recommendations, to the Congress and the President no later than January 30, 1977. The Secretary shall submit an interim report to the Congress on January 30, 1976. " (d) There are authorized to be appropriated not to exceed $8,000,000 to carry out the provisions of this section."'. SEC. 14. Section 202(b)(2) of the Interstate Commerce Act (49 U.S.C. 302(b)(2)), is amended by striking the period at the end of the second sentence thereof and by inserting in lieu thereof the following: ": Provided, That (1) any amendments of such standards, which

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are determined by the national organization of the State commissions and promulgated by the Commission prior to the initial effective date of such standards shall become effective on such initial effective date; and (2) after such standards become effective initially, any amendments of such standards, which are subsequently determined by the national organization of the State commissions, shall become effective at the time of promulgation or at such other time, subsequent to promulgation by the Commission, as may be determined by such organization.". SEC. 15. Section 4 of the Department of Transportation Act (49 U.S.C. 1653) is amended by inserting the following two new subsections at the end thereof: " (h)(1) The Secretary is authorized, in consultation with the Secretary of the Interior, to design, plan, and coordinate the construction of a model intermodal transportation terminal at Union Station in the District of Columbia. Such terminal may combine the new railroad passenger station described in paragraph (4) of section 102(a) of Public Law 90-264, as amended, and accommodations for such other modes of transportation as the Secretary deems appropriate. To the extent practicable, the Secretary shall incorporate into the design and plans for such intermodal transportation terminal features which will make such facility a model facility and which will attract private investors willing to undertake the development and construction of the terminal. "(2) Notwithstanding any provision of Public Law 90-264, as amended, in order to facilitate construction of such model intermodal transportation terminal, the Secretary of the Interior shall lease or transfer such space (including air space), which is not required for purposes of the National Visitor Center, as the Secretary of the Interior holds or may acquire north of the Union Station Building to such party or parties and upon such terms and conditions as the Secretary deems appropriate, notwithstanding section 321 of the Act of June 30, 1932 (40 U.S.C. 303(b)). The Secretary and the Secretary of the Interior may, to the extent required to complete a visitor center, agree to joint use of the concourse. " (3) The design and plans for the intermodal terminal shall be completed within 2 years following enactment of this subsection. The construction of the intermodal terminal shall be completed within 5 years following enactment of this subsection. "(4) There is authorized to be appropriated to the Secretary, for the purposes of carrying out this subsection, such sums as are necessary, not to exceed $5,000,000. "(5) Nothing in this subsection (h) shall be construed as relieving the Washington Terminal Company, its successors or assigns, from the obligation to finance and construct a new railroad passenger station in compliance with the terms of paragraph (4) of section 102(a) of Public Law 90-264 (82 Stat. 43)." SEC. 16. (a) Section 3(b) of the Department of Transportation Act (49 U.S.C. 1652(b)) is amended by striking out "Under Secretary" each place it appears and inserting in lieu thereof at each such place "Deputy Secretary". (b) Section 9(p)(1) of the Department of Transportation Act (49 U.S.C. 1 6 5 7 (p)(l)) is amended by striking out "Under Secretary" and inserting in lieu thereof "Deputy Secretary". (c) Section 5313 of title 5, United States Code, is amended by striking out "(7) Under Secretary of Transportation" and inserting in lieu thereof " (7) Deputy Secretary of Transportation".

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Model intermodal transportation terminal in D.C.

40 USC 802.

L e a s e or transfer of s p a c e.

Design, p l a n s and completion dates.

Appropriation.

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PUBLIC LAW 93-497-OCT. 29, 1974

[88 STAT.

SEC. 17. The Secretary of Transportation shall conduct a study and report to the Congress withm one year after the date of enactment of this section on the potential for integrating rail service provided by the National Railroad Passenger Corporation with other modes of transportation, inchiding buses, with particular attention to the transportation needs of rural areas. Such study and report shall include an evaluation of the funding mechanisms to assist increased service by other modes of transportation, including buses, connected to rail service provided by the National Railroad Passenger Corporation where such assistance will provide the opportunity for increased utilization of such rail service, especially by persons residing in rural areas. Approved October 28, 1974. Public Law 93-497

October 29, 1974 [H. R. 1 2 2 8 1 ]

Certain copper, duty s u s p e n s i o n; Internal Revenue Code of 1954, amendment.

Effective date 19 USC 1202 note. 26 USC 334 note. 26 USC 334.

26 USC 1 et seq.

AN ACT To continue until the close of June 30, 1975, the suspension of duties on certain forms of copper, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That items 911.10 (relating to copper waste and scrap), 911.11 (relating to articles of copper), 911.13 (relating to copper bearing ores and materials), 911.14 (relating to cement copper and copper precipitates), 911.15 (relating to black copper, blister copper, and anode copper), and 911.16 (relating to other unwrought copper) of the Appendix to the Tariff Schedules of the United States (19 U.S.C. 1202) are each amended by striking out "6/30/74" and inserting in lieu thereof "6/30/75". SEC. 2. The amendments made by the first section of this Act shall apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after July 1, 1974. SEC. 3. (a) Notwithstanding the provisions of section 334 of the Internal Revenue Code of 1954 (relating to basis of property received in liquidations), no adjustment to the basis of any property distributed in complete liquidation of a corporation prior to July 1, 1957, shall be made for any liability if— (1) the distributor and distributee did not consider the liability relevant to the value of the stock with respect to which the distribution was made, (2) the distributor and distributee reasonably relied upon a decision of a United States district court specifically adjudicating the amount of the liability and its affirmance by the appropriate United States court of appeals, and (3) the amount of the liability so adjudicated was not greater than would be compensated for by insurance. The provisions of this section apply without regard to whether such decision was subsequently reversed or modified by that United States court of appeals following distribution of such property in complete liquidation. (b) To the extent that the liability described in subsection (a) is not compensated for by insurance or otherwise, the amount thereof shall be allowed as a deduction under the appropriate provision of the Internal Revenue Code of 1954 for the taxable year in which payment thereof was made and shall be effective in determining income tax liabilities of all taxable years prior thereto. Approved October 29, 1974.

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1535

Public Law 93AN ACT To reduce losses of life and property, through better fire prevention and control, and for other purposes.

October 29, 1974 [s. 1769]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Federal Fire be cited as the "Federal Fire Prevention and Control Act of 1974". ^conuol'llt^ot FINDINGS

15 USC 2201 note.

SEC. 2. The Congress finds that— is use 2201. (1) The National Commission on Fire Prevention and Control, established pursuant to Public Law 90-259, has made an exhaustive ^^j^g'^^^ ^^^^ and comprehensive examination of the Nation's fire problem, has made detailed findings as to the extent of this problem in terms of human suffering and loss of life and property, and has made ninety thoughtful recommendations. (2) The United States today has the highest per capita rate of death and property loss from fire of all the major industrialized nations in the world. (3) Fire is an undue burden affecting all Americans, and fire also constitutes a public health and safety problem of great dimensions. Fire kills 12,000 and scars and injures 300,000 Americans each year, including 50,000 individuals who require extended hospitalization. Almost $3 billion worth of property is destroyed annually by fire, and the total economic cost of destructive fire in the United States is estimated conservatively to be $11,000,000,000 per year. Firefighting is the Nation's most hazardous profession. (4) Such losses of life and property from fire are unacceptable to the Congress. (5) While fire prevention and control is and should remain a State and local responsibility, the Federal Government must help if a significant reduction in fire losses is to be achieved. (6) The fire ser\icc and the civil defense program in each locality would both benefit from closer cooperation. (7) The Nation's fire problem is exacerbated by (A) the indifference with which some Americans confront the subject; (B) the Nation's failure to undertake enough research and development into fire and fire-related problems; (C) the scarcity of reliable data and information; (D) the fact that designers and purchasers of buildings and products generally give insufficient attention to fire safety; (E) the fact that many communities lack adequate building and fire prevention codes; and (F) the fact that local fire departments spend about 95 cents of every dollar appropriated to the fire services on efforts to extinguish fires and only about 5 cents on fire prevention. (8) There is a need for improved professional training and education oriented toward improving the effectiveness of the fire services, including an increased emphasis on preventing fires and on reducing injuries to firefighters. (9) A national system for the collection, analysis, and dissemination of fire data is needed to help local fire services establish research and action priorities. (10) The number of specialized medical centers which are properly equipped and staffed for the treatment of burns and the rehabilitation of victims of fires is inadequate. (11) The unacceptably high rates of death, injury, and property loss from fire can be reduced if the Federal Government establishes a

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[88 STAT.

coordinated program to support and reinforce the fire prevention and control activities of State and local governments. PURPOSES

15 USC 2202.

QEC. 3. I t is declared to be the purpose of Congress in this Act to— (1) reduce the Nation's losses caused by fire through better fire prevention and control; (2) supplement existing programs of research, training, and education, and to encourage new and improved programs and activities by State and local governments; (3) establish the National Fire Prevention and Control Administration and the Fire Research Center within the Department of Commerce; and (4) establish an intensified program of research into the treatment of burn and smoke injuries and the rehabilitation of victims of fires within the National Institutes of Health. DEFINITIONS

15 USC 2203.

f

SEC. 4. As used in this Act, the term— (1) "Academy" means the National Academy for Fire Prevention and Control; (2) "Administration" means the National Fire Prevention and Control Administration established pursuant to section 5 of this Act; (3) "Administrator" means the Administrator of the National Fire Prevention and Control Administration; (4) "fire service" means any organization in any State consisting of personnel, apparatus, and equipment which has as its purpose protecting property and maintaining the safety and welfare of the public from the dangers of fire, including a private firefighting brigade. The personnel of any such organization may be paid employees or unpaid volunteers or any combination thereof. The location of any such organization and its responsibility for extinguishment and suppression of fires may include, but need not be limited to, a Federal installation, a State, city, town, borough, parish, county, fire district, fire protection district, rural fire district, or other special district. The terms "fire prevention", "firefighting", and "firecontrol" relate to activities conducted by a fire service; (5) "local" means of or pertaining to any city, town, county, special purpose district, unincorporated territory, or other political subdivision of a State; (6) "Secretary" means the Secretary of Commerce; and (7) "State" means any State, the District of Columbia, the Commonwealth of Puerto Kico, the Virgin Islands, the Canal Zone, Guam, American Samoa, the Trust Territory of the Pacific Islands and any other territory or possession of the United States. ESTABLISHMENT or

THE NATIONAL FIRE PREVENTION AND CONTROL ADMINISTRATION

15 USC 22 4.

g^^ g ^^^ ESTABLISHMENT OF ADMINISTRATION.—There is hereby established in the Department of Commerce an agency which shall be known as the National Fire Prevention and Control Administration, (b) ADMINISTRATOR.—There shall be at the head of the Administration the Administrator of the National Fire Prevention and Control Administration. The Administrator shall be appointed by the Presi-

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dent, by and with the advice and consent of the Senate, and shall be compensated at the rate now or hereafter provided for level IV of the Executive Schedule pay rates (5 U.S.C. 5315). The Administrator shall report and be responsible to the Secretary. (c) DEPUTY ADMINISTRATOR.—There shall be in the Administration a Deputy Administrator of the National Fire Prevention and Control Administration who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be compensated at the rate now or hereafter provided for level V of the Executive Schedule pay rates (5 U.S.C. 5316). The Deputy Administrator shall perform such functions as the Administrator shall from time to time assign or delegate, and shall act as Administrator during the absence or disability of the Administrator or in the event of a vacancy in the office of Administrator. PUBLIC

EDUCATION

SEC. 6. The Administrator is authorized to take all steps necessary to educate the public and to overcome public indifference as to fire and fire prevention. Such steps may include, but are not limited to, publications, audiovisual presentations, and demonstrations. Such public education efforts shall include programs to provide specialized information for those groups of individuals who are particularly vulnerable to fire hazards, such as the young and the elderly. The Administrator shall sponsor and encourage research, testing, and experimentation to determine the most effective means of such public education.

^^ ^^"^ ^2°^-

N A T I O N A L ACADEMY FOR F I R E P R E V E N T I O N A N D CONTROL

SEC. 7. (a) ESTABLISHMENT.—The Secretary shall establish, at the earliest practicable date, a National Academy for Fire Prevention and Control. The purpose of the Academy shall be to advance the professional development of fire service personnel and of other persons engaged in fire prevention and control activities. (b) SUPERINTENDENT.—The Academy shall be headed by a Superintendent, who shall be appointed by the Secretary. I n exercising the powers and authority contained in this section the Superintendent shall be subject to the direction of the Administrator.

^^ ^^^ ^^°^'

(c) POWERS OF SUPERINTENDENT.—The Superintendent is author-

ized to— (1) develop and revise curricula, standards for admission and performance, and criteria for the awarding of degrees and certifications; (2) appoint such teaching staff and other personnel as he determines to be necessary or appropriate; (3) conduct courses and programs of training and education, as defined in subsection (d) of this section; (4) appoint faculty members and consultants without regard to the provisions of title 5, United States Code, governing appoint- s use loi ef ments in the competitive service, and, with respect to temporary ^^'^• and intermittent services, to make appointments to the same extent as is authorized by section 3109 of title 5, United States Code; (5) establish fees and other charges for attendance at, and subscription to, courses and programs offered by the Academy. Such fees may be modified or waived as determined by the Superintendent; (6) conduct short courses, seminars, workshops, conferences, and similar education and training activities in all parts and localities of the United States;

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Financial assistance.

PUBLIC LAW 93-498-OCT. 29, 1974

[88 STAT.

(7) enter intx) such contracts and take such other actions as may be necessary in carrying out the purposes of the Academy; and (8) consult with officials of the fire services and other interested persons in the exercise of the foregoing powers. (d) PROGRAM OF THE ACADEMY.—The Superintendent is authorized to— (1) train fire service personnel in such skills and knowledge as may be useful to advance their ability to prevent and control fires, including, but not limited to— (A) techniques of fire prevention, fire inspection, firefighting, and fire and arson investigation; (B) tactics and command of firefighting for present and future fire chiefs and commanders; (C) administration and management of fire services; (D) tactical training in the specialized field of aircraft fire control and crash rescue; (E) tactical training in the specialized field of fire control and rescue aboard waterborne vessels; and (F) the training of present and future instructors in the aforementioned subjects; (2) develop model curricula, training piognims, and other educational materials suitable for use at other educational institutions, and to make such materials available without charge; (3) develop and administer a program of correspondence courses to advance the knowledge and skills of fire service personnel; (4) develop and distribute to appropriate officials model questions suitable for use in conducting entrance and promotional examinations for fire service personnel; and (5) encourage the inclusion of fire prevention and detection technology and practices in the education and professional practice of architects, builders, city planners, and others engaged in design and planning aflPected by fire safety problems. (e) TECHNICAL ASSISTANCE.—The Administrator is authorized, to the extent that he determines it necessary to meet the needs of the Nation, to encourage new programs and to strengthen existing programs of education and training by local fire services, units, and departments. State and local governments, and private institutions, by providing technical assistance and advice to— (1) vocational training programs in techniques of fire prevention, fire inspection, firefighting, and fire and arson investigation; (2) fire training courses and programs at junior colleges; and (3) four-year degree programs in fire engineering at colleges and universities. (f) ASSISTANCE.—The Administrator is authorized to provide ussisUuice to State and local fire service training programs through grants, contracts, or otherwise. Such assistance shall not exceed 4 per centum of the amount authorized to be appropriated in each fiscal year pursuant to section 17 of this Act. (g) SITE SELECTION.—The Academy shall be located on such site as the Secretary selects, subject to the following provisions: (1) The Secretary is authorized to appoint a Site Selection Board consisting of the Academy Superintendent and two other members to survey the most suitable sites for the location of the Academy and to make recommendations to the Secretary. (2) The Site Selection Board in making its recommendations and the Secretary in making his final selection, shall give consideration to the training and facility needs of the Academy, environ-

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1539

mental effects, the possibility of using a surplus Government facility, and such other factors as are deemed important and relevant. The Secretary shall make a final site selection not later than 2 years after the date of enactment of this Act. (h) CONSTRUCTION COSTS.—Of the sums authorized to be appropriated for the purpose of implementing the programs of the Administration, not more than $9,000,000 shall be available for the construction of facilities of the Academy on the site selected under subsection (g) of this section. Such sums for such construction shall remain available until expended. (i) EDUCATIONAL AND PROFESSIONAL ASSISTANCE.—The Adminis-

trator is authorized to— (1) provide stipends to students attending Academy courses and programs, in amounts up to 75 per centum of the expense of attendance, as established by the Superintendent; (2) provide stipends to students attending courses and nondegree training programs approved by the Superintendent at universities, colleges, and junior colleges, in amounts up to 50 per centum of the cost of tuition; (3) make or enter into contracts to make payments to institutions of higher education for loans, not to exceed $2,500 per academic year for any individual who is enrolled on a full-time basis in an undergraduate or graduate program of fire research or engineering which is certified by the Superintendent. Loans under this paragraph shall be made on such terms and subject to such conditions as the Superintendent and each institution involved may jointly determine; and (4) establish and maintain a placement and promotion opportunities center in cooperation with the fire services, for firefighters who wish to learn and take advantage of different or better career opportunities. Such center shall not limit such assistance to students and graduates of the xVcademy, but shall undertake to assist all fire service personnel. (j) BOARD OF VISITORS.—Upon establishment of the Academy, the

Secretary shall establish a procedure for the selection of professionals in the field of fire safety, fire prevention, fire control, research and development in fire protection, treatment and rehabilitation of fire victims, or local government services management to serve as members of a Board of Visitors for the Academy. Pursuant to such procedure, the Secretary shall select eight such persons to serve as members of such Board of Visitors to serve such terms as the Secretary may prescribe. The function of such Board shall be to review annually the program of the Academy and to make comments and recommendations to the Secretary regarding the operation of the Academy and any improvements therein which such Board deems appropriate. Each member of such Board shall be reimbursed for any expenses actually incurred by him in the performance of his duties as a member of such Board. Committee (k) ACCREDITATION.—The Superintendent is authorized to establish Fire Trainingon and a Committee on Fire Training and Education which shall inquire into Education. and make recommendations regarding the desirability of establishing Establishment. a mechanism for accreditation of fire training and education programs and courses, and the role which the Academy should play if such a mechanism is recommended. The Committee shall consist of the Superintendent as Chairman and eighteen other members appointed by the Administrator from among individuals and organizations possessing special knowledge and experience in the field of fire training and edu- Report to Adcation or related fields. The Committee shall submit to the Adminis- ministrator. trator within two years after its appointment, a full and complete

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PUBLIC LAW 93-498-OCT. 29, 1974

report of its findings and recommendations. Upon the submission of such report, the Committee shall cease to exist. Each appointed member of the Committee shall be reimbursed for expenses actually incurred in the performance of his duties as a member. (1) ADMISSION.—The Superintendent is authorized to admit to the courses and programs of the Academy individuals who are members of the firefighting, rescue, and civil defense forces of the Nation and such other individuals, including candidates for membership in these forces, as he determines can benefit from attendance. Students shall be admitted from any State, with due regard to adequate representation in the student body of all geographic regions of the Nation. In selecting students, the Superintendent may seek nominations and advice from the fire services and other organizations which wish to send students to the Academy. FIRE

15 USC 2207.

M 3

[88 ST AT.

TECHNOLOGY

gj,^ g ^^^ TECHNOLOGY DEVELOPMENT PROGRAM.—The Administrator shall conduct a continuing program of development, testing, and evaluation of equipment for use by the Nation's fire, rescue, and civil defense services, with the aim of making available improved suppression, protective, auxiliary, and warning devices incorporating the latest technology. Attention shall be given to the standardization, compatibility, and interchangeability of such equipment. Such development, testing, and evaluation activities shall include, but need not be limited to— (1) safer, less cumbersome articles of protective c'othing, including helmets, boots, and coats; (2) breathing apparatus with the necessary duration of service, reliability, low weight, and ease of operation for practical use; (3) safe and reliable auxiliary equipment for use in fire prevention, detection, and control, such as fire location detectors, visual and audio communications equipment, and mobile equipment; (4) special c'othing and equipment needed for forest fires, brush fires, oil and gasoline fires, aircraft fires and crash rescue, fires occurring aboard waterborne vessels, and in other special firefighting situations; (5) fire detectors and related equipment for residential use with high sensitivity and reliability, and which are sufficiently inexpensive to purchase, install, and maintain to insure wide acceptance and use; (6) in-place fire prevention systems of low cost and of increased reliability and effectiveness; (7) methods of testing fire alarms and fire protection devices and systems on a non-interference basis; (8) the development of purchase specifications, standards, and acceptance and validation test procedures for all such equipment and devices; and (9) operation tests, demonstration projects, and fire investigations in support of the activities set forth in this section. (b) LIMITATION.—The Administration shall not engage in the manufacture or sale of any equipment or device developed pursuant to this section, except to the extent that it deems it necessary to adequately develop, test, or evaluate such equipment or device. (c) MANAGEMENT STUDIES.—(1) The Administrator is authorized to conduct, directly or through contracts or grants, studies of the operations and management aspects of fire services, utilizing quantitative techniques, such as operations research, management economics, cost effectiveness studies, and such other techniques and methods as

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Author:Philip Watts

Works

 * (History since the Invention of Steamships)

title: Author:Philip Watts


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may be applicable and useful. Such studies shall include, but need not be limited to, the allocation of resources, the optimum location of fire stations, the optimum geographical area for an integrated fire service, the manner of responding to alarms, the operation of citywide and regional fire dispatch centers, firefighting under conditions of civil disturbance, and the effectiveness, frequency, and methods of building inspections. (2) The Administrator is authorized to conduct, directly or through contracts or grants, research concerning the productivity and efficiency of fire service personnel, the job categories and skills required by fire services under varying conditions, the reduction of injuries to fire service personnel, the most effective fire prevention programs and activities, and techniques for accurately measuring and analyzing the foregoing. (3) The Administrator is authorized to conduct, directly or through contracts, grants, or other forms of assistance, development, testing, and demonstration projects to the extent deemed necessary to introduce and to encourage the acceptance of new technology, standards, operating methods, command techniques, and management systems for utilization by the fire services. (4) The Administrator is authorized to assist the Nation's fire services, directly or through contracts, grants, or other forms of assistance, to measure and evaluate, on a cost-benefit basis, the effectiveness of the programs and activities of each fire service and the predictable consequences on the applicable local fire services of coordination or combination, in whole or in part, in a regional, metropolitan, or statewide fire service. (d) EuRAL ASSISTANT:.—The Administrator is authorized to assist the Nation's fire services, directly or through contracts, grants, or other forms of assistance, to sponsor and encourage research into approaches, techniques, systems, and equipment to improve fire prevention and control in the rural and remote areas of the Nation. (e) COORDINATION.—In establishing and conducting programs under this section, the Administrator shall take full advantage of applicable technological developments made by other departments and agencies of the Federal Government, by State and local governments, and by business, industry, and nonprofit associations. NATIONAL FIRE DATA CENTER

SEC. 9. (a) GENERAL.—The Administrator shall operate, directly or is use 2208. through contracts or grants, an integrated, comprehensive National Fire Data Center for the selection, analysis, publication, and dissemination of information related to the prevention, occurrence, control, and results of fires of all types. The program of such Data Center shall ^^^^^^J^^f^,l^J be designed to (1) provide an accurate nationwide analysis of the fire program, f u n c problem, (2) identify major problem areas, (3) assist in setting priorities, (4) determine possible solutions to problems, and (5) monitor the progress of programs to reduce fire losses. To carry out these functions, the Data Center shall gather and analyze— (1) information on the frequency, causes, spread, and extinguishment of fires; (2) information on the number of injuries and deaths resulting from fires, including the maximum available information on the specific causes and nature of such injuries and deaths, and information on property losses; (3) information on the occupational hazards faced by firefighters, including the causes of deaths and injuries arising, directly and indirectly, from firefighting activities; 38-194 O - 76 - 15 Pt. 2

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(4) information on all types of firefighting activities, including inspection practices; (5) technical information related to building construction, fire properties of materials, and similar information; (6) information on fire prevention and control laws, systems, methods, techniques, and administrative structures used in foreign nations; (7) information on the causes, behavior, and best method of control of other types of fire, including, but not limited to, forest fires, brush fires, fire underground, oil l3low-out fires, and waterborne fires; and (8) such other information and data as is deemed useful and applicable. (b) METHODS.—In carrying out the program of the Data Center, the Administrator is authorized to— (1) develop standardized data reporting methods; (2) encourage and assist State, local, and other agencies, public and private, in developing and reporting information; and (3) make full use of existing data gathering and analysis organizations, both public and private. J"f°=Ti!f'°" '^^^' (c) DISSEMINATION.—The Administrator shall insure disseminasemination. emination.

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tion to the maximum extent possible or fire data collected and developed by the Data Center, and shall make such data, information, and analysis available in appropriate form to Federal agencies. State and local governments, private organizations, industry, business, and other interested persons. MASTER PLANS

15 USC 2209.

SEC. 10. (a) GENERAL.—The establishment of master plans for fire prevention and control are the responsibility of the States and the political subdivisions thereof. The Administrator is authorized to encourage and assist such States and political subdivisions in such planning activities, consistent with his powers and duties under this ^ct. Report to Con(b) REPORT.—Four ycars after the date of enactment of this Act, gress. the Secretary shall submit to the Congress a report on the establishment and effectiveness of master plans in the field of fire prevention and control throughout the Nation. Such report shall include, but need not be limited to— (1) a summary of the extent and quality of master planning activities; (2) a summary and evaluation of master plans that have been prepared by States and political subdivisions thereof. Such summary and evaluation shall consider, with respect to each such plan (A) the characteristics of the jurisdiction adopting it, including, but not limited to, density and distribution of population; ratio of volunteer versus paid fire services; geographic location, topography, and climate; per capita rate of death and property loss from fire; size and characteristics of political subdivisions of the governmental units thereof; and socio-economic composition; and (B) the approach to development and implementation of the master plans; (3) an evaluation of the best approach to the development and implementation of master plans (e.g., central planning by a State agency, regionalized planning within a State coordinated by a State agency, or local planning supplemented and coordinated by a State agency); (4) an assessment of the costs and benefits of master plans; (5) a recommendation to Congress on whether Federal financial assistance should be authorized in order that master plans can be developed in all States; and

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(6) a model master plan or plans suitable for State and local implementation. (c) DEFINITION.—For the purposes of this section, a "master plan" is one which will result in the planning and implementation in the area involved of a general program of action for fire prevention and control. Such master plan is reasonably expected to include (1) a survey of the resources and personnel of existing fire services and an analysis of the effectiveness of the fire and building codes in such area; (2) an analysis of short and long term fire prevention and control needs in such area; (3) a plan to meet the fire prevention and control needs in such area; and (4) an estimate of cost and realistic plans for financing the implementation of the plan and operation on a continuing basis and a summary of problems that are anticipated in implementing such master plan.

1543

"faster plan."

^^

,

REIMBURSEMENT FOR COSTS OF F I R E F I G H T I N G ON FEDERAL PROPERTY

SEC. 11. (a) CLAIM.—Each fire service that engages in the fighting is use 2210. of a fire on property which is under the jurisdiction of the United States may file a claim with the Administrator for the amount of direct expenses and direct losses incurred by such fire service as a result of fighting such fire. The claim shall include such supporting information as the Administrator may prescribe. (b) DETERMINATION.—Upon receipt of a claim filed under subsection (a) of this section, the Administrator shall determine— (1) what payments, if any, to the fire service or its parent jurisdiction, including taxes or payments in lieu of taxes, the United States has made for the support of fire services on the property in question; (2) the extent to which the fire service incurred additional firefighting costs, over and above its normal operating costs, in connection with the fire which is the subject of the claim; and (3) the amount, if any, of the additional costs referred to in paragraph (2) of this subsection which were not adequately covered by the payments referred to in paragraph (1) of this subsection. (c) PAYMENT.—The Secretary shall forward the claim and a copy of the Administrator's determination under subsection (b)(3) of this section to the Secretary of the Treasury. The Secretary of the Treasury shall, upon receipt of the claim and determination, pay such fire service or its parent jurisdiction, from any moneys in the Treasury not otherwise appropriated but subject to reimbursement (from any appropriations which may be available or which may be made available for the purpose) by the Federal department or agency under whose jurisdiction the fire occurred, a sum no greater than the amount determined with respect to the claim under subsection (b)(3) of this section. (d) ADJUDICATION.—In the case of a dispute arising in connection with a claim under this section, the Court of Claims of the United States shall have jurisdiction to adjudicate the claim and enter judgment accordingly. REVIEW o r

CODES

SEC. 12. The Administrator is authorized to review, evaluate, and relenT/on codecs suggest improvements in State and local fire prevention codes, build- rewew/"" ''° ^^' ing codes, and any relevant Federal or private codes and regulations, is use 2211. In evaluating any such code or codes, the Administrator shall consider the human impact of all code requirements, standards, or provisions

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in terms of comfort and habitability for residents or employees, as well as the fire prevention and control value or potential of each such requirement, standard, or provision. F I R E SAFETY EFFECTIVE N E S S

15 USC 2212.

g^c. 13. The Administrator is authorized to encourage owners and managers of residential multiple-unit, commercial, industrial, and transportation structures to prepare Fire Safety Effectiveness Statements, pursuant to standards, forms, rules, and regulations to be developed and issued by the Administrator. ANNUAL

15 USC 2213.

STATEMENTS

CONFERENCE

SEC. 14. The Administrator is authorized to organize, or to participate in organizing, an annual conference on fire prevention and control. He may pay, in whole or in part, the cost of such conference and the expenses of some or all of the participants. All of the Nation's fire services shall be eligible to send representatives to each such conference to discuss, exchange ideas on, and participate in educational programs on new techniques in fire prevention and control. Such conferences shall be open to the public. P U B L I C SAFETY AWARDS

15 USC 2214.

g^Q 15^ (a) ESTABLISHMENT.—There are hereby established two classes of honorary awards for the recognition of outstanding and distinguished service by public safety officers— (1) the President's Award For Outstanding Public Safety Service ("President's Award"); and (2) the Secretary's Award For Distinguished Public Safety Service ("Secretary's Award"). (b) DESCRIPTION.— (1) The President's Award shall be presented by the President of the United States to public safety officers for extraordinary valor in the line of duty or for outstanding contribution to public safety. (2) The Secretary's Award shall be presented by the Secretary, the Secretary of Defense, or by the Attorney General to public safety officers for distinguished service in the field of public safety. (c) SELECTION.—The Secretary, the Secretary of Defense, and the Attorney General shall advise and assist the President in the selection of individuals to whom the President's Award shall be tendered and in the course of performing such duties they shall seek and review nominations for such awards which are submitted to them by Federal, State, county, and local government officials. They shall annually transmit to the President the names of those individuals determined by them to merit the award, together with the reasons therefor. Recipients of the President's Award shall be selected by the President. (d) LIMITATION.—(1) There shall not be presented in any one calendar year in excess of twelve President's Awards. (2) There shall be no limitation on the number of Secretary's Awards presented. (e) AWARD.— (1) Each President's Award shall consist of— (A) a medal suitably inscribed, bearing such devices and emblems, and struck from such material as the Secretary of the Treasury, after consultation with the Secretary, the Secretary of Defense, and the Attorney General deems appropriate. The Secretary of the Treasury shall cause the medal to be struck and furnished to the President; and (B) an appropriate citation.

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(2) Each Secretary's Award shall consist of an appropriate citation. (f) KEGULATIONS.—The Secretary, the Secretary of Defense, and the Attorney General are authorized and directed to issue jointly such regulations as may be necessary to carry out this section. (g) DEFINITIONS.—As used in this section, the term "public safety offir^r ^^^^'^ officer" means a person serving a public agency, with or without compensation, as— (1) a firefighter; (2) a law enforcement officer, including a corrections or court officer; or (3) a civil defense officer. ANNUAL

REPORT

SEC. 16. The Secretary shall report to the Congress and the President Report to connot later than June 30 of the year following the date of enactment of fJenf. ^" this Act and each year thereafter on all activities relating to fire pre- is use 2215. vention and control, and all measures taken to implement and carry out this Act during the preceding calendar year. Such report shall include, but need not be limited to— (a) a thorough appraisal, including statistical analysis, estimates, and long-term projections of the human and economic losses due to fire; (b) a survey and summary, in such detail as is deemed advisable, of the research and technology program undertaken or sponsored pursuant to this Act; (c) a summary of the activities of the Academy for the preceding 12 months, including, but not limited to— (1) an explanation of the curriculum of study; (2) a description of the standards of admission and performance; (3) the criteria for the awarding of degrees and certificates; and (4) a statistical compilation of the number of students attending the Academy and receiving degrees or certificates; (d) a summary of the activities undertaken to assist the Nation's fire services; (e^ a summary of the public education programs undertaken; (f) an analysis of the extent of participation in preparing and submitting Fire Safety Effectiveness Statements; (g) a summary of outstanding problems confronting the administration of this Act, in order of priority; (h) such recommendations for additional legislation as are deemed necessary or appropriate; and (i) a summary of reviews, evaluations, and suggested improvements in State and local fire prevention and building codes, fire services, and any relevant Federal or private codes, regulations, and fire services. AUTHORIZATION OF APPROPRIATIONS

SEC. 17. There are authorized to be appropriated to carry out the foregoing provisions of this Act, except section 11 of this Act, such sums as are necessary, not to exceed $10,000,000 for the fiscal year ending June 30, 1975, and not to exceed $15,000,000 for the fiscal year ending June 30, 1976. F I R E RESEARCH

CENTER

SEC. 18. The Act of March 3, 1901 (15 U.S.C. 278), is amended by striking out sections 16 and 17 (as added by title I of the Fire Preven-

^^ ^^'^ ^^le.

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[88 STAT.

following new section: "SEC. 16. (a) There is hereby established within the Department of Commerce a Fire Research Center which shall have the mission of performing and supporting research on all aspects of fire with the aim of providing scientific and technical knowledge applicable to the prevention and control of fires. The content and priorities of the research program shall be determined in consultation with the Administrator of the National Fire Prevention and Control Administration. In implementing this section, the Secretary is authorized to conduct, directly or through contracts or grants, a fire research program, including— "(1) basic and applied fire research for the purpose of arriving at an understanding of the fundamental processes underlying all aspects of fire. Such research shall include scientific investigations of— " (A) the physics and chemistry of combustion processes; " (B) the dynamics of flame ignition, flame spread, and flame extinguishment; " (C) the composition of combustion products developed by various sources and under various environmental conditions; " (D) the early stages of fires in buildings and other structures, structural subsystems and structural components in all other types of fires, including, but not limited to, forest fires, brush fires, fires underground, oil blowout fires, and waterborne fires, with the aim of improving early detection capability; " (E) the behavior of fires involving all types of buildings and other structures and their contents (including mobile homes and highrise buildings, construction materials, floor and wall coverings, coatings, furnishings, and other combustible materials), and all other types of fires, including forest fires, brush fires, fires underground, oil blowout fires, and waterborne fires; " (F) the unique fire hazards arising from the transportation and use, in industrial and professional practices, of combustible gases, fluids, and materials; " (G) design concepts for providing increased fire safety consistent with habitability, comfort, and human impact in buildings and other structures; and " (H) such other aspects of the fire process as may be deemed useful in pursuing the objectives of the fire research program; " (2) research into the biological, physiological, and psychological factors affecting human victims of fire, and the performance of individual members of fire services, including— " (A) the biological and physiological effects of toxic substances encountered in fires; " (B) the trauma, cardiac conditions, and other hazards resulting from exposure to fire; " (C) the development of simple and reliable tests for determining the cause of death from fires; " (D) improved methods of providing first aid to victims of fires; " (E) psychological and motivational characteristics of persons who engage in arson, and the prediction and cure of such behavior; " (F) the conditions of stress encountered by firefighters, the effects of such stress, and the alleviation and reduction of such conditions; and
 * ^^^ ^^^ Control Act of 1968) and by inserting in lieu thereof the

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" (G) such other biological, psychological, and physiological effects of fire as have significance for purposes of control or prevention of fires; and "(3) operation tests, demonstration projects, and fire investigations in support of the activities set forth in this section. "The Secretary shall insure that the results and advances arising from the work of the research program are disseminated broadly. He shall encourage the incorporation, to the extent applicable and practicable, of such results and advances in building codes, fire codes, and other relevant codes, test methods, fire service operations and training, and standards. The Secretary is authorized to encourage and assist in the development and adoption of uniform codes, test methods, and standards aimed at reducing fire losses and costs of fire protection. "(b) For the purposes of this section there is authorized to be appropriated not to exceed $3,500,000 for the fiscal year ending June 30, 1975 and not to exceed $4,000,000 for the fiscal year ending June 30, 1976."

1547

Appropriation.

VICTIMS o r FIRE

SEC. 19. (a) PROGRAM.—The Secretary of Health, Education, and Welfare shall establish, within the National Institutes of Health and in cooperation with the Secretary, an expanded program of research on burns, treatment of burn injuries, and rehabilitation of victims of fires. The National Institutes of Health shall— (1) sponsor and encourage the establishment throughout the Nation of twenty-five additional burn centers, which shall comprise separate hospital facilities providing specialized burn treatment and including research and teaching programs, and twenty-five additional burn units, which shall comprise specialized facilities in general hospitals used only for burn victims; (2) provide training and continuing support of specialists to staff the new burn centers and burn units; (3) sponsor and encourage the establishment of ninety burn programs in general hospitals which comprise staffs of burn injury specialists; (4) provide special training in emergency care for burn victims; (5) augment sponsorship of research on burns and burn treatment; (6) administer and support a systematic program of research concerning smoke inhalation injuries; and (7) sponsor and support other research and training programs in the treatment and rehabilitation of burn injury victims. (b) AUTHORIZATION or APPROPRIATION.—For purposes of this section, there are authorized to be appropriated not to exceed $5,000,000 for the fiscal year ending June 30, 1975 and not to exceed $8,000,000 for the fiscal year ending June 30, 1976.

^2 USC 290a.

^

PUBLIC ACCESS TO INFORMATION

SEC. 20. Copies of any document, report, statement, or information received or sent by the Secretary or the Administrator shall be made available to the public pursuant to the provisions of section 552 of title 5, United States Code: Provided, That, notwithstanding the provisions of subsection (b) of such section and of section 1905 of title 18, United States Code, the Secretary may disclose information which concerns or relates to a trade secret— (1) upon request, to other Federal Government departments and agencies for official use;

^^ use 2217.

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(2) upon request, to any committee of Congress having jurisdiction over the subject matter to which the information relates; (3) in any judicial proceeding under a court order formulated to preserve the confidentiality of such information without impairing the proceedings; and (4) to the public when he determines such disclosure to be necessary in order to protect health and safety after notice and opportunity for comment in writing or for discussion in closed session within fifteen days by the party to which the information pertains (if the delay resulting from such notice and opportunity for comment would not be detrimental to health and safety). ADMINISTRATIVE PROVISIONS 15 USC 2218.

SEC. 21. (a) ASSISTANCE.—Each department, agency, and instrumentality of the executive branch of the Federal Government and each independent regulatory agency of the United States is authorized and directed to furnish to the Administrator, upon written request, on a reimbursable basis or otherwise, such assistance as the Administrator deems necessary to carry out his functions and duties pursuant to this Act, including, but not limited to, transfer of personnel with their consent and without prejudice to their position and ratings. (b) POWERS.—With respect to this Act, the Administrator is authorized to— (1) enter into, without regard to section 3709 of the Revised Statutes, as amended (41 U.S.C. 5) such contracts, grants, leases, cooperative agreements, or other transactions as may be necessary to carry out the provisions of this Act; (2) accept gifts and voluntary and uncompensated services, notwithstanding the provisions of section 3679 of the Revised Statutes (31 U.S.C. 665 (b)); (3) purchase, lease, or otherwise acquire, own, hold, improve, use, or deal in and with any property (real, personal, or mixed, tangible or intangible), or interest in property, wherever situated; and sell, convey, mortgage, pledge, lease, exchange, or otherwise dispose of property and assets; (4) procure temporary and intermittent services to the same extent as is authorized under section 3109 of title 5, United States Code, but at rates not to exceed $100 a day for qualified experts; and (5) establish such rules, regulations, and procedures as are necessary to carry out the provisions of this Act. Comptroller (c) AUDIT.—The Secretary and the Comptroller General of the General, access United States, or any of their duly authorized representatives, shall to records. have access to any books, documents, papers, and records of the recipients of contracts, grants, or other forms of assistance that are pertinent to its activities under this Act for the purpose of audit or to determine if a proposed activity is in the public interest. (d) INVENTIONS AND DISCOVERIES.—All property rights with respect to inventions and discoveries, which are made in the course of or under contract with any government agency pursuant to this Act, shall be subject to the basic policies set forth in the President's Statement of Publication in Federal Register. Government Patent Policy issued August 23, 1971, or such revisions of that statement of policy as may subsequently be promulgated and published in the Federal Register. (e) COORDINATION.—To the extent practicable, the Administrator shall utilize existing programs, data, information, and facilities already available in other Federal Government departments and agencies and, where appropriate, existing research organizations, centers.

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and universities. The Administrator shall provide liaison at an appropriate organizational level to assure coordination of his activities with State and local government agencies, departments, bureaus, or offices concerned with any matter related to programs of fire prevention and control and with private and other Federal organizations and offices so concerned. ASSISTANCE TO C O N S U M E R PRODUCT SAFETY

COMMISSION

SEC. 22. Upon request, the Administrator shall assist the Consumer Product Safety Commission in the development of fire safety standards or codes for consumer products, as defined in the Consumer Product Safety Act (15 U.S.C. 2051 et seq.).

is use 2219.

CONFORMING AMENDMENTS

SEC. 23. Section 12 of the Act of February 14, 1903, as amended (15 U.S.C. 1511), is amended to read as follows: " B U R E A U S I N DEPARTMENT

"SEC. 12. The following named bureaus, administrations, services, offices, and programs of the public service, and all that pertains thereto, shall be under the jurisdiction and subject to the control of the Secretary of Commerce: " (a) National Oceanic and Atmospheric Administration; fb) "n United States Travel Service; (c) Maritime Administration; " (d) National Bureau of Standards; "(e) Patent Office; " (f) Bureau of the Census; " (g) National Fire Prevention and Control Administration; and " (h) such other bureaus or other organizational units as the Secretary of Commerce may from time to time establish in accordance with law." Approved October 29, 1974. Public Law 93-499 AN ACT

October 29, 1974

To extend for an additional temporary period the existing suspension of duties on certain classifications of yarns of silk, and for other purposes.

[H. R. 7780]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) items a^s*^dm^"us. 905.30 and 905.31 of the appendix to the Tariff Schedules of the United pe^lon "exten-" States (19 U.S.C. 1202) are each amended by striking out "11/7/73" ^i°"; internal '

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Revenue Code of 1954, amendments.

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Effective date. 19 USC 1202 note. 19 USC 1202 note.

19 USC 1514.

Mining, treatment p r o c e s s e s. 26 USC 613.

Effective date. 26 USC 613 note.

26 USC 4 4 0 1.

26 USC 4 4 1 1.

PUBLIC LAW 93-499-OCT. 29, 1974

[88 STAT.

and inserting in lieu thereof "11/7/75"; and such item 905.31 is further amended by striking out "and item 308.51". (b) The amendments made by subsection (a) shall apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after the date of the enactment of this Act. (c) Upon request therefor filed with the customs officer concerned on or before the sixtieth day after the date of the enactment of this Act, the entry or withdrawal of any article— (1) which was made after November 7, 1973, and before the date of the enactment of this Act, and (2) with respect to which there would have been no duty if the amendments made by subsection (a) applied to such entry or withdrawal, shall notwithstanding the provisions of section 514 of the Tariff Act of 1930 or any other provision of law, be liquidated or reliquidated as though such entry or withdrawal had been made on the date of the enactment of this Act. SEC. 2. (a) Section 6 1 3 (c)(4)(E) of the Internal Revenue Code of 1954 (relating to treatment processes considered as mining) is amended by inserting after "phosphate rock," the following: "the decarbonation of trona,". (b) The amendment made by this section shall apply to taxable years beginning after December 31, 1970. Sec. 3. Wagering tax amendments. (a) TAX ON WAGERS.—Section 4401 of the Internal Revenue Code of 1954 (relating to imposition of tax on wagers) is amended by striking out "10 percent" and inserting in lieu thereof "2 percent". (b) OCCUPATIONAL TAX.—Section 4411 of the Internal Revenue Code of 1954 (relating to imposition of occupational taxos) is amended by striking out "$50" and inserting in lieu thereof "$500". (c) DISCLOSURE OF WAGERING TAX INFORMATION.—

26 USC 4424.

26 USC 7602.

(1) Subchapter C of Chapter 35 of the Internal Revenue Code of 1954 (relating to miscellaneous provisions) is amended by adding at the end thereof the following new section: "Sec. 4424. Disclosure of wagering tax information. " (a) GENERAL RULE.—Except as otherwise provided in this section, neither the Secretary or his delegate nor any other officer or employee of the Treasury Department may divulge or make known in any manner whatever to any person— "(1) any original, copy, or abstract of any return, payment, or registration made pursuant to this chapter, "(2) any record required for making any such return, payment, or registration, which the Secretary or his delegate is permitted by the taxpayer to examine or which is produced pursuant to section 7602, or "(3) any information come at by the exploitation of any suiCh return, payment, registration, or record.

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" (b) PERMISSIBLE DISCLOSURE.—A disclosure otherwise prohibited by subsection (a) may be made in connection with the administration or civil or criminal enforcement of any tax imposed by this title. However, any document or information so disclosed may not be— "(1) divulged or made known in any manner whatever by any officer or employee of the United States to any person except in connection with the administration or civil or criminal enforcement of this title, nor "(2) used, directly or indirectly, in any criminal prosecution for any offense occurring before the date of enactment of this section. "(c) U S E OF DOCUMENTS POSSESSED BY TAXPAYER.—Except in connection with the administration or civil or criminal enforcement of any tax imposed by this title— "(1) any stamp denoting payment of the special tax under this chapter, "(2) any original, copy, or abstract possessed by a taxpayer of any return, payment, or registration made by such taxpayer pursuant to this chapter, and "(3) any information come at by the exploitation of any such document, shall not be used against such taxpayer in any criminal proceeding. " (d) INSPECTION BY COMMPITEES OF CONGRESS.—Section 6103(d) shall apply with respect to any return, payment, or regi^ration made pursuant to this chapter.". (2) The table of sections for such subchapter is amended by adding at the end thereof the following: "SEC. 4424. Disclosure of wagering tax in information.",

1551

26 USC eioa.

(d) EFFECTIVE DATE.—

(1) IN GENERAL.—The amendments made by this section take 26 USC 4401 effect on December 1, 1974, and shall apply only with respect to "° ^' wagers placed on or after such date. (2)

T R A N S I T I O N A L RULES.—

26 USC 4411

(A) Any person who, on December 1, 1974, is engaged in "°*^an activity which makes him liable for payment of the tax imposed by section 4411 of the Internal Revenue Code of 1954 26 USC 44i 1. (as in effect on such date) shall be treated as commencing such activity on such date for purposes of such section and section 4901 of such Code. '26 USC 4901. (B) Any person Who, before December 1, 1974.— occupational (i) became liable for and paid the tax imposed by sec- *^''' li^^i^^ytion 4411 of the Internal Revenue Code of 1954 (as in effect on July 1, 1974) for the year ending June 30, 1975, shall not be liable for any additional tax under such section for such year, and (ii) registered under section 4412 of such Code (as in 26 USC 4412. effect on July 1, 1974) for the year ending June 30, 1975, shall not be required to reregi^er under such section for such year. Approved October 29, 1974.

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n

PUBLIC LAW 93-500-OCT. 29, 1974

[88 STAT.

Public Law 93-500 October 29, 1974 [S. 3792]

Export Administration Amendments of 1974.

AN ACT To amend and extend the Export Administration Act of 1969.

Be it enacted by the Senate and House of Representatives United States of America in Congress assembled, SHORT

50 USC a p p. 2402 note.

of the

TITLE

1. This Act may be cited as the "Export Administration Amendments of 1974". SECTION

SHORT SUPPLY POLICY 50 USC a p p. 2402.

SEC. 2. Section 3(2)(A) of the Export Administration Act of 1969 is amended by striking out "abnormal". MONnORINO

50 USC a p p. 2403.

7 USC 612c-3.

Reports.

Shortages and increased prices, quarterly report. 50 USC a p p. 2409.

Supta.

A N D CONSULTATION

SEC. 3. (a) Section 4 of the Export Administration Act of 1969 is amended by redesignating subsections (c) through (e) thereof as subsections (d) through (f), respectively, and by inserting after subsection (b) a new subsection (c) as follows: " (c)(1) To effectuate the policy set forth in section 3(2)(A) of this Act, the Secretary of Commerce shall monitor exports, and contracts for exports, of any article, material, or supply (other than a commodity which is subject to the reporting requirements of section 812 of the Agricultural Act of 1970) when the volume of such exports in relation to domestic supply contributes, or may contribute, to an increase in domestic prices or a domestic shortage, and such price increase or shortage has, or may have, a serious adverse impact on the economy or any sector thereof. Information which the Secretary requires to be furnished in effecting such monitoring shall be confidential, except as provided in paragraph (2) of this subsection. "(2) The results of such monitoring shall, to the extent practicable, be aggregated and included in weekly reports setting forth, with respect to each article, material, or supply monitored, actual and anticipated exports, the destination by country, and the domestic and worldwide price, supply, and demand. Such reports may be made monthly if the Secretary determines that there is insufficient information to justify weekly reports." (b) Section 10 of such Act is amended— (1) by inserting " (a) " after "SEC. 10."; and (2) by adding at the end thereof the following: " (b)(1) The quarterly report required for the first quarter of 1975 and every second report thereafter shall include summaries of the information contained in the reports required by section 4(c)(2) of this Act, together with an analysis by the Secretary of Commerce of (A) the impact on the economy and world trade of shortages or increased prices for articles, materials, or supplies subject to monitoring under this Act, (B) the worldwide supply of such articles, materials, and supplies, and (C) actions taken by other nations in response to such shortages or increased prices. "(2) Each such quarterly report shall also contain an analysis by the Secretary of Commerce of (A) the impact on the economy and world trade of shortages or increased prices for commodities subject to the reporting requirements of section 812 of the Agricultural Act of 1970, (B) the worldwide supply of such commodities, and (C) actions being taken by other nations in response to such shortages or increased prices. The Secretary of Agriculture shall fully cooperate

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PUBLIC LAW 93-500-OCT. 29, 1974

with the Secretary of Commerce in providing all information required by the Secretary of Commerce in making such analysis.". (c) Section 5(a) of such Act is amended— (1) by striking out "hereunder" in the first sentence and inserting in lieu thereof the words "or monitored under this Act"; and (2) by inserting immediately after such first sentence the following: "Such departments and agencies shall fully cooperate in rendering such advice and information.". (d) Section 5(a) of such Act is further amended by adding the following at the end thereof: " I n addition, the Secretary of Commerce shall consult with the Federal Energy Administration to determine whether monitoring under section 4 of this Act is warranted with respect to exports of facilities, machinery, or equipment normally and principally used, or intended to be used, in the production, conversion, or transportation of fuels and energy (except nuclear energy), including but not limited to, drilling rigs, platforms, and equipment; petroleum refineries, natural gas processing, liquefication, and gasification plants; facilities for production of synthetic natural gas or synthetic crude oil; oil and gas pipelines, pumping stations, and associated equipment; and vessels for transporting oil, gas, coal, and other fuels.".

1553

50 USC app. 2404.

Fuel and energy, f a c i l i t i e s and equipment. 50 USC app. 2403.

INTERNATIONAL COOPERATION TO SECURE ACCESS TO S U P P L I E S

SEC. 4. (a) Section 2 of the Export Administration Act of 1969 is amended by adding at the end thereof the following new paragraph: "(5) Unreasonable restrictions on access to world supplies can cause worldwide political and economic instability, interfere with free international trade, and retard the growth and development of nations," (b) Section 3(3)(A) of such Act is amended by striking out "with which the United States has defense treaty commitments". (c) Section 3(5) of such Act is amended— (1) by striking out the word "and" immediately preceding clause (B); and (2) by striking out the period at the end thereof and inserting in lieu thereof a comma and the following: "and (C) to foster international cooperation and the development of international rules and institutions to assure reasonable access to world supplies.".

50 USC app. 2401.

50 USC app. 2402.

H I G H TECHNOLOGY EXPORTS

SEC. 5. (a) Section 4 of the Export Administration Act of 1969, as amended by section 3 of this Act, is amended by adding at the end thereof the following new subsection: " (g) Any export license application required by the exercise of authority under this Act to effectuate the policies of section 3(1)(B) or 3(2)(C) shall be approved or disapproved not later than 90 days after its submission. If additional time is required, the Secretary of Commerce or other official exercising authority under this Act shall inform the applicant of the circumstances requiring such additional time and give an estimate of when his decision will be made." (b) Section 5(c)(1) of such Act is amended by striking out the next to the last sentence thereof and inserting in lieu thereof the following: "Each such committee shall consist of rcDresentatives of United States industry and Government, including the Departments of Commerce, Defense, and State, and, when appropriate, other Government departments and agencies.". (c) Section 5(c) of such Act is amended by adding at the end thereof the following new paragraph: "(5) To facilitate the work of the technical advisory committees, the Secretary of Commerce, in conjunction with other departments

50 USC app. 2403.

50 USC app. 2404.

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PUBLIC LAW 93-500-OCT. 29, 1974

so u s e a p p. 2409 note, 50 USC a p p. 240.9. Ante,

p. 1553,

[88 STAT.

and agencies participating in the administration of this Act, shall disclose to each such committee adequate information, consistent with national security, pertaining to the reasons for the export controls which are in effect or contemplated for the grouping of articles, rnaterials, and supplies with respect to which that committee furnishes advice.". (d) Not later than one year after the date of enactment of this Act, the Secretary of Commerce shall include in a quarterly report under section 10 of the Export Administration Act of 1969 an accounting of actions taken to expedite the processing of export license applications as required under section 4(g) of the Export Administration Act of 1969. OPPORTUNITY TO COMMENT ON LICENSING

50 USC app, 2404.

Publication in Federal Register, 50 USC app. 2402.

SEC. 6. Section 5(b) of the Export Administration Act of 1969 is amended— (1) by inserting " (1) " after " (b) "; and (2) by adding at the end thereof the following: "(2) Upon imposing quantitative restrictions on exports of any article, material, or supply to carry out the policy stated in section 3(2)(A) of this Act, the Secretary of Commerce shall include in his notice published in the Federal Register an invitation to all interested parties to submit written comments within 15 days from the date of publication on the impact of such restrictions and the method of licensing used to implement them.". TECHNICAL A N D CONFORMING

CHANGES

SEC. 7. Section 4(d) of the Export Administration Act of 1969, as redesignated by section 3 of this Act, is amended to read as follows: " (d) Nothing in this Act or the rules or regulations hereunder shall be construed to require authority or permission to export, except where required by the President to effect the policies set forth in section 3 of this Act ". HARDSHIP RELIEF

SEC. 8. The Export Administration Act of 1969 is amended by inserting after section 4 the following new section: li

50 USC app, 2403a.

PROCEDURES FOR HARDSHIP RELIEF FROM EXPORT CONTROLS

"SEC. 4 A. (a) Any person who, in his domestic manufacturing process or other domestic business operation, utilizes a product produced abroad in whole or in part from a commodity historically obtained from the United States but which has been made subject to export controls, or any person who historically has exported such a commodity, may transmit a petition of hardship to the Secretary of Commerce requesting an exemption from such controls in order to alleviate any unique hardship resulting from the imposition of such controls. A petition under this section shall be in such form as the Secretary of Commerce shall prescribe and shall contain information demonstrating the need for the relief requested. " (b) Not later than 30 days after receipt of any petition under subsection (a), the Secretary of Commerce shall transmit a written decision to the petitioner granting or denying the requested relief. Such decision shall contain a statement setting forth the Secretary's basis for the grant or denial. Any exemption granted may be subject to such conditions as the Secretary deems appropriate. "(c) For purposes of this section, the Secretary's decision with respect to the grant or denial of relief from unique hardship resulting

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PUBLIC LAW 93-500-OCT. 29, 1974

1555

directly or indirectly from the imposition of controls shall reflect the Secretary's consideration of such factors as— "(1) Whether denial would cause a unique hardship to the applicant which can be alleviated only by granting an exception to the applicable regulations. I n determining whether relief shall be granted, the Secretary will take into account: " (A) ownership of material for which there is no practicable domestic market by virtue of the location or nature of the material; " (B) potential serious financial loss to the applicant if not granted an exception; " (C) inability to obtain, except through import, an item essential for domestic use which is produced abroad from the commodity under control; " (D) the extent to which denial would conflict, to the particular detriment of the applicant, with other national policies including those reflected in any international agreement to which the United States is a party; " (E) possible adverse, effects on the economy (including unemployment) in any locality or region of the United States; and " (F) other relevant factors, including the applicant's lack of an exporting history during any base period that may be established with respect to export quotas for the particular commodity. " (2) The effect a finding in favor of the applicant would have on attainment of the basic objectives of the short supply control program. I n all cases, the desire to sell at higher prices and thereby obtain greater profits will not be considered as evidence of a unique hardship, nor will circumstances where the hardship is due to imprudent acts or failure to act on the part of the appellant.'. INTERAGENCY REVIEW

SEC. 9. Section 4 of the Export Administration Act of 1969, as amended by sections 3 and 5 of this Act, is amended by adding at the end thereof the following new subsection: " (h)(1) The Congress finds that the defense posture of the United States may be seriously compromised if the Nation's goods and technology are exported to a controlled country without an adequate and knowledgeable assessment being made to determine whether export of such goods and technology will significantly increase the military capability of such country. I t is the purpose of this subsection to pro- to^pr'e°Td^n"'^^"°" vide for such an assessment and to authorize the Secretary of Defense to review any proposed export of goods or technology to any such country and, whenever he determines that the export of such goods or technology will significantly increase the military capability of such country, to recommend to the President that such export be disapproved. "(2) Notwithstanding any other provision of law, the Secretary of Defense shall determine, in consultation with the export control office to which licensing requests are made, the types and categories of transactions which should be reviewed by him to carry out the purpose of this subsection. Whenever a license or other authority is requested for the export of such goods or technology to any controlled country, the appropriate export control office or agency to whom such request is made shall notify the Secretary of Defense of such request, and such office may not issue any license or other authority pursuant to such request prior to the expiration of the period within which the

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Page:United States Statutes at Large Volume 88 Part 2.djvu/240

 1556

Presidential disapproval.

Presidential statement to Congress.

Definitions.

PUBLIC LAW 93-500-OCT. 29, 1974

[88 STAT.

President may disapprove such export. The Secretary of Defense shall carefully consider all notifications submitted to him pursuant to this subsection and, not later than 30 days after notification of the request shall— " (A) recommend to the President that he disapprove any request for the export of any goods or technology to any controlled country if he determines that the export of such goods or technology will significantly increase the military capability of such country; " (B) notify such office or agency that he will interpose no objection if appropriate conditions designed to achieve the purposes of this Act are imposed; or " (C) indicate that he does not intend to interpose an objection to the export of such goods or technology. If the President notifies such office or agency, within 30 days after receiving a recommendation from the Secretary, that he disapproves such export, no license or other authorization may be issued for the export of such goods or technology to such country. "(3) Whenever the President exercises his authority under this subsection to modify or overrule a recommendation made by the Secretary of Defense pursuant to this section, the President shall submit to the Congress a statement indicating his decision together with the recommendation of the Secretary of Defense. " (4) As used in this subsection— " (A) the term 'goods or technology' means— "(i) machmery, equipment, capital goods, or computer software; or "(ii) any license or other arrangement for the use of any patent, trade secret, design, or plan with respect to any item described in clause (i); " (B) the term 'export control office' means any office or agency of the United States Government whose approval or permission is required pursuant to existing law for the export of goods or technology; and " (C) the term 'controlled country' means any Communist country as defined under section 620(f) of the Foreign Assistance Act of 1961." BXPOET rEE8 AND LICENSES

50 USC app. 2402.

SEC. 10. Section 4 of the Export Administration Act of 1969, as amended by sections 3, 5, and 9 of this Act, is amended by adding at the end thereof the following: " (i) I n imposing export controls to effectuate the policy stated in section 3(2)(A) of this Act, the President's authority shall include but not be limited to, the imposition of export license fees." ECONOMIC POLICY ACTIONS

SO u s e app. 2402.

SEC. 11. Section 3 of the Export Administration Act of 1969 is amended by adding at the end thereof the following new paragraph: "(7) I t is the policy of the United States to use export controls, including license fees, to secure the removal by foreign countries of restrictions on access to supplies where such restrictions have or may have a serious domestic inflationary impact, have caused or may cause a serious domestic shortage, or have been imposed for purposes of influencing the foreign policy of the United States. I n effecting this policy, the President shall make every reasonable effort to secure the removal or reduction of such restrictions, policies, or actions through international cooperation and agreement before resorting to the imposition of controls on the export of materials from the United States:

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text:
Page:The Eurypterida of New York Volume 1.pdf/3

 ''New York State Education Department Science Division, June 6, 1910''

Hon. Andrew S. Draper LL.D.

Commissioner of Education

 * I have the honor to communicate herewith and to submit to your approval for publication as a memoir of the State Museum, a manuscript constituting a monograph on The Eurypterida of New York, to be accompanied by adequate illustrative plates.

Very respectfully

Director

Approved for publication this 6th day of June 1910


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PUBLIC LAW 93-501-OCT. 29, 1974

1557

Provided, That no action taken in fulfillment of the policy set forth ^^^^'^•^^^' in this paragraph shall apply to the export of medicine or medical supplies." ALLOCATION OP LICENSES

SEC. 12. Section 4(b)(1) of the Export Administration Act of 1969 J^ use app. is amended by adding at the end thereof the following: "In curtailing the exportation of any articles, materials, or supplies to effectuate the policy set forth in section 3(2)(A) of this Act, the President is author- so use app. ized and directed to allocate a portion of export, licenses on the basis ^'*°^' of factors other than a prior history of exportation." EXPIRATION

DATE

SEC. 13. Section 14 of the Export Administration Act of 1969 is amended by striking "September 30, 1974" and inserting in lieu thereof "September 30, 1976". PRESIDENTIAL

so use app.

REVIEW

SEC. 14. The President is directed to revdew all laws, regulations ^2 USC 2153 issued thereunder by the Atomic Energy Commission, the Department "°*^* of Commerce, and other (xovernment agencies, governing the export and re-export of materials, supplies, articles, technical data or other information relating to the design, fabrication, development, supply, repair or replacement of any nuclear facility or any part thereof, and to report within six months to the Congress on the adequacy of such ^ Report to regulations to prevent the proliferation of nuclear capability for non- °"^'^^^^peaceful purposes. The President is also directed to review domestic and international nuclear safeguards and to report within six months to the Congress on the adequacy of such safeguards to prevent the proliferation, diversion or theft of all such nuclear materials and on efforts by the United States and other countries to strengthen international nuclear safeguards in anticipation of the Eeview Conference scheduled to be held in February 1975 pursuant to Article VIII, section 3 of the Treaty on the Non-Proliferation of Nuclear Weapons." ^^ UST 483. Approved October 29, 1974. Public Law 93-501 AN ACT

October 29, 1974

To authorize the regulation of interest rates payable on obligations issued by affiliates of certain depository institutions, and for other purposes. Be it enacted by the Seriate and House of Representatives Vnited States of America in Congress assembled.

[s. 3838]

of the

• ^

^^^^ obligations. I s s u a n c e and s a l e, regulation.

TITLE I — K E G U L A T I O N OF I N T E R E S T R A T E S ON CERTAIN OBLIGATIONS SEC. 101. Section 19(a) of the Federal Reserve Act (12 U.S.C. 461) is amended by inserting "and, regardless of the use of the proceeds," immediately before "shall be deemed a deposit". (b) The amendment made by subsection (a) shall not apply to any bank holding company which has filed prior to the date of enactment of this Act an irrevocable declaration with the Board of Governors of the Federal Reserve System to divest itself of all of its banks under section 4 of the Bank Holding Company Act, or to any debt obligation which is an exempted security under section 3(a)(3) of the Securities Act of 1933. 38-194 O - 76 -16 Pt. 2

12

use

461

12

use

1843.

IS

use

77c.

note

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