Public Law 93–633.
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88 Stat. 2156 Public Law 93–633 AN ACT To regulate commerce by improving the protections afforded the public against risks connected with the transportation of hazardous materials, and for other purposes.January 3, 1975 [[H.R. 15223](/us/bill/93/hr/15223)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That this Act may Transportation Safety Act of 1974. [49 USC 1801](/us/usc/t49/s1801) note. be cited as the “Transportation Safety Act of 1974”.
TITLE I—HAZARDOUS MATERIALSHazardous Materials Transportation Act. short title Sec. 101. This title may be cited as the “Hazardous Materials Transportation [49 USC 1801](/us/usc/t49/s1801) note. Act”. declaration of policy Sec. 102. It is declared to be the policy of Congress in this title to [49 USC 1801.](/us/usc/t49/s1801) improve the regulatory and enforcement authority of the Secretary of Transportation to protect the Nation adequately against the risks to life and property which are inherent in the transportation of hazardous materials in commerce. definitions Sec. 103.
As used in this title, the term—[49 USC 1802.](/us/usc/t49/s1802)
(1)“commerce” means trade, traffic, commerce, or transportation, within the jurisdiction of the United States,
(A)between a place in a State and any place outside of such State, or
(B)which affects trade, traffic, commerce, or transportation described in clause (A);
(2)“hazardous material” means a substance or material in a quantity and form which may pose an unreasonable risk to health and safety or property when transported in commerce;
(3)“Secretary” means the Secretary of Transportation, or his delegate;
(4)“serious harm” means death, serious illness, or severe personal injury;
(5)“State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, or Guam;
(6)“transports” or “transportation” means any movement of property by any mode, and any loading, unloading, or storage incidental thereto; and
(7)“United States” means all of the States. designation of hazardous materials Sec. 104. Upon a finding by the Secretary, in his discretion, that the [49 USC 1803.](/us/usc/t49/s1803) transportation of a particular quantity and form of material in commerce may pose an unreasonable risk to health and safety or property, he shall designate such quantity and form of material or group or class of such materials as a hazardous material. The materials so designated may include, but are not limited to, explosives, radioactive materials, etiologic agents, flammable liquids or solids, combustible liquids or solids, poisons, oxidizing or corrosive materials, and compressed gases. 88 Stat. 2157 regulations governing transportation of hazardous materials Sec. 105.
(a)General.—The Secretary may issue, in accordance [49 USC 1804.](/us/usc/t49/s1804) with the provisions of section 553 of title 5, United States Code, including an opportunity for informal oral presentation, regulations for the safe transportation in commerce of hazardous materials. Such regulations shall be applicable to any person who transports, or causes to be transported or shipped, a hazardous material, or who manufactures, fabricates, marks, maintains, reconditions, repairs, or tests a package or container which is represented, marked, certified, or sold by such person for use in the transportation in commerce of certain hazardous materials. Such regulations may govern any safety aspect of the transportation of hazardous materials which the Secretary deems necessary or appropriate, including, but not limited to, the packing, repacking, handling, labeling, marking, placarding, and routing (other than with respect to pipelines) of hazardous materials, and the manufacture, fabrication, marking, maintenance, reconditioning, repairing, or testing of a package or container which is represented, marked, certified, or sold by such person for use in the transportation of certain hazardous materials.
(b)Cooperation.—In addition to other applicable requirements, the Secretary shall consult and cooperate with representatives of the Interstate Commerce Commission and shall consider any relevant suggestions made by such Commission, before issuing any regulation with respect to the routing of hazardous materials. Such Commission shall, to the extent of its lawful authority, take such action as is necessary or appropriate to implement any such regulation.
(c)Representation.—No person shall, by marking or otherwise, represent that a container or package for the transportation of hazardous materials is safe, certified, or in compliance with the requirements of this Act, unless it meets the requirements of all applicable regulations issued under this Act. handling of hazardous materials Sec. 106.
(a)Criteria.—The Secretary is authorized to establish [49 USC 1805.](/us/usc/t49/s1805) criteria for handling hazardous materials. Such criteria may include, but need not be limited to, a minimum number of personnel; a minimum level of training and qualification for such personnel; type and frequency of inspection; equipment to be used for detection, warning, and control of risks posed by such materials; specifications regarding the use of equipment and facilities used in the handling and transportation of such materials; and a system of monitoring safety assurance procedures for the transportation of such materials. The Secretary may revise such criteria as required.
(b)Registration.—Each person who transports or causes to be transported or shipped in commerce hazardous materials or who manufactures, fabricates, marks, maintains, reconditions, repairs, or tests packages or containers which are represented, marked, certified, or sold by such person for use in the transportation in commerce of certain hazardous materials (designated by the Secretary) may be required by the Secretary to prepare and submit to the Secretary a registration statement not more often than once every 2 years. Such a registration statement shall include, but need not be limited to, such person’s name; principal place of business; the location of each activity handling such hazardous materials; a complete list of all such hazardous materials handled; and an averment that such person is in compliance with all applicable criteria established under subsection
(a)of this section. 88 Stat. 2158 The Secretary shall by regulation prescribe the form of any such statement and the information required to be included. The Secretary shall make any registration statement filed pursuant to this subsection available for inspection by any person, without charge, except that nothing in this sentence shall be deemed to require the release of any information described by subsection
(b)of section 552 of title 5, United States Code, or which is otherwise protected by law from disclosure to the public.
(c)Requirement.—No person required to file a registration statement under subsection
(b)of this section may transport or cause to be transported or shipped extremely hazardous materials, or manufacture, fabricate, mark, maintain, recondition, repair, or test packages or containers for use in the transportation of extremely hazardous materials, unless he has on file a registration statement. exemptions Sec. 107.
(a)General.—The Secretary, in accordance with procedures [49 USC 1806.](/us/usc/t49/s1806) prescribed by regulation, is authorized to issue or renew, to any person subject to the requirements of this title, an exemption from the provisions of this title, and from regulations issued under section 105 of this title, if such person transports or causes to be transported or shipped hazardous materials in a manner so as to achieve a level of safety
(1)which is equal to or exceeds that level of safety which would be required in the absence of such exemption, or
(2)which would be consistent with the public interest and the policy of this title in the event there is no existing level of safety established. The maximum period of an exemption issued or renewed under this section shall not exceed 2 years, but any such exemption may be renewed upon application to the Secretary. Each person applying for such an exemption or renewal shall, upon application, provide a safety analysis as prescribed by the Secretary to justify the grant of such exemption. A notice of an application for issuance or renewal of such exemption Publication in Federal Register. shall be published in the Federal Register. The Secretary shall afford access to any such safety analysis and an opportunity for public comment on any such application, except that nothing in this sentence shall be deemed to require the release of any information described by subsection
(b)of section 552 of title 5, United States Code, or which is otherwise protected by law from disclosure to the public.
(b)Vessels.—The Secretary shall exclude, in whole or in part, Exclusion. from any applicable provisions and regulations under this title, any vessel which is excepted from the application of section 201 of the Ports and Waterways Safety Act of 1972 by paragraph
(2)of such section (46 U.S.C. 391a(2)), or any other vessel regulated under such Act, to the extent of such regulation.
(c)Firearms and Ammunition.—Nothing in this title, or in any regulation issued under this title, shall be construed to prohibit or regulate the transportation by any individual, for personal use, of any firearm (as defined in paragraph
(4)of section 232 of title 18, United States Code) or any ammunition therefor, or to prohibit any transportation of firearms or ammunition in commerce.
(d)Limitation on Authority.—Except when the Secretary determines that an emergency exists, exemptions or renewals granted pursuant to this section shall be the only means by which a person subject to the requirements of this title may be exempted from or relieved of the obligation to meet any requirements imposed under this title. 88 Stat. 2159 transportation of radioactive materials on passenger-carrying aircraft Sec. 108.
(a)General.—Within 120 days after the date of enactment Regulations. [49 USC 1807.](/us/usc/t49/s1807) of this section, the Secretary shall issue regulations, in accordance with this section and pursuant to section 105 of this title, with respect to the transportation of radioactive materials on any passenger-carrying aircraft in air commerce, as defined in section 101(4) of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1301(4)). Such regulations shall prohibit any transportation of radioactive materials on any such aircraft unless the radioactive materials involved are intended for use in, or incident to, research, or medical diagnosis or treatment, so long as such materials as prepared for and during transportation do not pose an unreasonable hazard to health and safety. The Secretary shall further establish effective procedures for monitoring and enforcing the provisions of such regulations.
(b)Definition.—As used in this section, “radioactive materials” means any materials or combination of materials which spontaneously emit ionizing radiation. The term does not include materials in which
(1)the estimated specific activity is not greater than 0.002 microcuries per gram of material; and
(2)the radiation is distributed in an essentially uniform manner. powers and duties of the secretary Sec. 109.
(a)General.—The Secretary is authorized, to the extent [49 USC 1808.](/us/usc/t49/s1808) necessary to carry out his responsibilities under this title, to conduct investigations, make reports, issue subpoenas, conduct hearings, require the production of relevant documents, records, and property, take depositions, and conduct, directly or indirectly, research, development, demonstration, and training activities. The Secretary is further authorized, Notice and hearing. after notice and an opportunity for a hearing, to issue orders directing compliance with this title or regulations issued under this title; the district courts of the United States shall have jurisdiction, upon petition by the Attorney General, to enforce such orders by appropriate means.
(b)Records.—Each person subject to requirements under this title shall establish and maintain such records, make such reports, and provide such information as the Secretary shall by order or regulation prescribe, and shall submit such reports and shall make such records and information available as the Secretary may request.
(c)Inspection.—The Secretary may authorize any officer, employee, or agent to enter upon, inspect, and examine, at reasonable times and in a reasonable manner, the records and properties of persons to the extent such records and properties relate to—
(1)the manufacture, fabrication, marking, maintenance, reconditioning, repair, testing, or distribution of packages or containers for use by any person in the transportation of hazardous materials in commerce; or
(2)the transportation or shipment by any person of hazardous materials in commerce. Any such officer, employee, or agent shall, upon request, display proper credentials.
(d)Facilities and Duties.—The Secretary shall—
(1)establish and maintain facilities and technical staff sufficient to provide, within the Federal government, the capability of evaluating risks connected with the transportation of hazardous materials and materials alleged to be hazardous; 88 Stat. 2160
(2)establish and maintain a central reporting system and data center so as to be able to provide the law-enforcement and firefighting personnel of communities, and other interested persons and government officers, with technical and other information and advice for meeting emergencies connected with the transportation of hazardous materials; and
(3)conduct a continuing review of all aspects of the transportation of hazardous materials in order to determine and to be able to recommend appropriate steps to assure the safe transportation of hazardous materials.
(e)Annual Report.—The Secretary shall prepare and submit to Report to President, transmittal to Congress. Contents. the President for transmittal to the Congress on or before May 1 of each year a comprehensive report on the transportation of hazardous materials during the preceding calendar year. Such report shall include, but need not be limited to—
(1)a thorough statistical compilation of any accidents and casualties involving the transportation of hazardous materials;
(2)a list and summary of applicable Federal regulations, criteria, orders, and exemptions in effect;
(3)a summary of the basis for any exemptions granted or maintained;
(4)an evaluation of the effectiveness of enforcement activities and the degree of voluntary compliance with applicable regulations;
(5)a summary of outstanding problems confronting the administration of this title, in order of priority; and
(6)such recommendations for additional legislation as are deemed necessary or appropriate. penalties Sec. 110.
(a)Civil.—(1) Any person (except an employee who acts [49 USC 1809.](/us/usc/t49/s1809) without knowledge) who is determined by the Secretary, after notice and an opportunity for a hearing, to have knowingly committed an act which is a violation of a provision of this title or of a regulation issued under this title, shall be liable to the United States for a civil penalty. Whoever knowingly commits an act which is a violation of any regulation, applicable to any person who transports or causes to be transported or shipped hazardous materials, shall be subject to a civil penalty of not more than $10,000 for each violation, and if any such violation is a continuing one, each day of violation constitutes a separate offense. Whoever knowingly commits an act which is a violation of any regulation applicable to any person who manufactures, fabricates, marks, maintains, reconditions, repairs, or tests a package or container which is represented, marked, certified, or sold by such person for use in the transportation in commerce of hazardous materials shall be subject to a civil penalty of not more than $10,000 for each violation. The amount of any such penalty shall be assessed by the Secretary by written notice. In determining the amount of such penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the violation committed and, with respect to the person found to have committed such violation, the degree of culpability, any history of prior offenses, ability to pay, effect on ability to continue to do business, and such other matters as justice may require.
(2)Such civil penalty may be recovered in an action brought by the Attorney General on behalf of the United States in the appropriate district court of the United States or, prior to referral to the Attorney General, such civil penalty may be compromised by the Secretary. 88 Stat. 2161 The amount of such penalty, when finally determined (or agreed upon in compromise), may be deducted from any sums owed by the United States to the person charged. All penalties collected under this subsection shall be deposited in the Treasury of the United States as miscellaneous receipts.
(b)Criminal.—A person is guilty of an offense if he willfully violates a provision of this title or a regulation issued under this title. Upon conviction, such person shall be subject, for each offense, to a fine of not more than $25,000, imprisonment for a term not to exceed 5 years, or both. specific relief Sec. 111.
(a)General.—The Attorney General, at the request of [49 USC 1810.](/us/usc/t49/s1810) the Secretary, may bring an action in an appropriate district court of the United States for equitable relief to redress a violation by any person of a provision of this title, or an order or regulation issued under this title. Such district courts shall have jurisdiction to determine such actions and may grant such relief as is necessary or appropriate, including mandatory or prohibitive injunctive relief, interim equitable relief, and punitive damages.
(b)Imminent Hazard.—If the Secretary has reason to believe that an imminent hazard exists, he may petition an appropriate district court of the United States, or upon his request the Attorney General shall so petition, for an order suspending or restricting the transportation of the hazardous material responsible for such imminent hazard, or for such other order as is necessary to eliminate or ameliorate such imminent hazard. As used in this subsection, an “imminent hazard” “Imminent hazard.” exists if there is substantial likelihood that serious harm will occur prior to the completion of an administrative hearing or other formal proceeding initiated to abate the risk of such harm. relationship to other laws Sec. 112.
(a)General.—Except as provided in subsection
(b)of [49 USC 1811.](/us/usc/t49/s1811) this section, any requirement, of a State or political subdivision thereof, which is inconsistent with any requirement set forth in this title, or in a regulation issued under this title, is preempted.
(b)State Laws.—Any requirement, of a State or political subdivision thereof, which is not consistent with any requirement set forth in this title, or in a regulation issued under this title, is not preempted if, upon the application of an appropriate State agency, the Secretary determines, in accordance with procedures to be prescribed by regulation, that such requirement
(1)affords an equal or greater level of protection to the public than is afforded by the requirements of this title or of regulations issued under this title and
(2)does not unreasonably burden commerce. Such requirement shall not be preempted to the extent specified in such determination by the Secretary for so long as such State or political subdivision thereof continues to administer and enforce effectively such requirement.
(c)Other Federal Laws.—The provisions of this title shall not apply to pipelines which are subject to regulation under the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. 1671 et seq.) or to pipelines which are subject to regulation under chapter 39 of title 18, United States Code.[18 USC 831.](/us/usc/t18/s831) conforming amendments Sec. 113.
(a)Section 4472 of title 52 of the Revised Statutes of the United States, as amended (46 U.S.C. 170) is amended— 88 Stat. 2162
(1)by inserting, in the first sentence of paragraph
(14)thereof, “criminal” before the word “penalty” and “or imprisoned not more than 5 years, or both” before the phrase “for each violation”; and
(2)by adding at the end thereof the following new paragraph:" “(17)(A) Any person (except an employee who acts without knowledge) Penalty. who is determined by the Secretary, after notice and an opportunity for a hearing, to have knowingly committed an act which is a violation of any provision of this section, or of any regulation issued under this section, shall be liable to the United States for a civil penalty of not more than $10,000 for each day of each violation. The amount of such civil penalty shall be assessed by the Secretary by written notice. In determining the amount of such penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the violation committed and, with respect to the person found to have committed such violation, the degree of culpability, any history of prior offenses, ability to pay, effect on ability to continue to do business, and such other matters as justice may require. “(B) Such civil penalty may be recovered in an action brought by the Attorney General on behalf of the United States, in the appropriate district court of the United States or, prior to referral to the Attorney General, such civil penalty may be compromised by the Secretary. The amount of such penalty, when finally determined (or agreed upon in compromise), may be deducted from any sums owed by the United States to the person charged. All penalties collected under this subsection shall be deposited in the Treasury of the United States as miscellaneous receipts.”."
(b)Section 901(a)(1) of the Federal Aviation Act of 1958 (49 U.S.C. 1471(a)(1)) is amended—
(1)by inserting immediately before the period at the end of the first sentence thereof and inserting in lieu thereof: “, except that the amount of such civil penalty shall not exceed $10,000 for each such violation which relates to the transportation of hazardous materials.”; and
(2)by deleting in the second sentence thereof “ : *Provided*, That this” and inserting in lieu thereof the following: “. The amount of any such civil penalty which relates to the transportation of hazardous materials shall be assessed by the Secretary, or his delegate, upon written notice upon a finding of violation by the Secretary, after notice and an opportunity for a hearing. In determining the amount of such penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the violation committed and, with respect to the person found to have committed such violation, the degree of culpability, any history of prior offenses, ability to pay, effect on ability to continue to do business, and such other matters as justice may require. This”.
(c)Section 902(h) of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1472(h)) is amended to read as follows:" “hazardous materials “(h)(1) In carrying out his responsibilities under this Act, the Secretary of Transportation may exercise the authority vested in him by section 105 of the Hazardous Materials Transportation Act to provide *Ante,* p. 2157. by regulation for the safe transportation of hazardous materials by air. “(2) A person is guilty of an offense if he willfully delivers or Penalty. causes to be delivered to an air carrier or to the operator of a civil aircraft for transportation in air commerce, or if he recklessly causes the transportation in air commerce of, any shipment, baggage, or other 88 Stat. 2163 property which contains a hazardous material, in violation of any rule, regulation, or requirement with respect to the transportation of hazardous materials issued by the Secretary of Transportation under this Act. Upon conviction, such person shall be subject, for each offense, to a fine of not more than $25,000, imprisonment for a term not to exceed 5 years, or both. “(3) Nothing in this subsection shall be construed to prohibit or regulate the transportation by any individual, for personal use, of any firearm (as defined in paragraph
(4)of section 232 of title 18, United States Code) or any ammunition therefor.”."
(d)Section 6(c)(1) of the Department of Transportation Act (49 U.S.C. 1655(c)(1)) is amended by inserting in the first sentence thereof after “aviation safety” and before “as set forth in” the following: “(other than those relating to the transportation, packaging, marking, or description of hazardous materials)”. (e)(1) Section 6(f)(3)(A) of the Department of Transportation Act (49 U.S.C. 1655(f)(3)(A)) is amended by striking out the period at the end thereof and by inserting in lieu thereof “(other than subsection (e)(4)).”.
(2)Section 6(f)(3)(B) of the Department of Transportation Act (49 U.S.C. 1655(f)(3)(B)) is amended by striking out the period at the end thereof and by inserting in lieu thereof “(other than subsection (e)(4)).”.
(f)Subsection
(6)of section 4472 of the Revised Statutes, as amended (46 U.S.C. 170(6)), is amended—
(1)in paragraph
(a)thereof, by striking out “inflammable” each place it appears and inserting in lieu thereof at each such place “flammable”; by inserting before “liquids” the following: “or combustible”; and by deleting the colon and the proviso in its entirety and by inserting in lieu thereof a period and the following two new sentences: “The provisions of this subsection shall apply to the transportation, carriage, conveyance, storage, stowing, or use on board any passenger vessel of any barrel, drum, or other package containing any flammable or combustible liquid which has a lower flash point than that which is defined as safe pursuant to regulations establishing the defining flash-point criteria for flammable and combustible liquids. Such regulations shall be prescribed, and revised as necessary, by the Secretary of Transportation.”.
(2)in paragraph
(b)thereof, by striking out in clause
(iv)thereof “inflammable liquids” and inserting in lieu thereof “flammable or combustible liquids”.
(g)The Hazardous Materials Transportation Control Act of 1970 Repeal. (Pub. L. 91–458, title III; 49 U.S.C. 1761–1762) is repealed. effective date Sec. 114.
(a)Except as provided in this section, the provisions of [49 USC 1801](/us/usc/t49/s1801) note. this title shall take effect on the date of enactment. (b)(1) Except as provided in section 108 of this title or paragraph
(2)of this subsection, any order, determination, rule, regulation, permit, contract, certificate, license, or privilege issued, granted, or otherwise authorized or allowed, prior to the date of enactment of this title, pursuant to any provision of law amended or repealed by this title, shall continue in effect according to its terms or until repealed, terminated, withdrawn, amended, or modified by the Secretary or a court of competent jurisdiction. 88 Stat. 2164
(2)The Secretary shall take all steps necessary to bring orders, determinations, rules, and regulations into conformity with the purposes and provisions of this title as soon as practicable, but in any event no permits, contracts, certificates, licenses, or privileges granted prior to the date of enactment of this title, or renewed or extended thereafter, shall be of any effect more than 2 years after the date of enactment of this title, unless there is full compliance with the purposes and provisions of this Act and regulations thereunder.
(c)Proceedings pending upon the date of enactment of this title shall not be affected by the provisions of this title and shall be completed as if this title had not been enacted, unless the Secretary makes a determination that the public health and safety otherwise require. authorization for appropriations Sec. 115. There is authorized to be appropriated for the purposes of [49 USC 1812.](/us/usc/t49/s1812) this title, not to exceed $7,000,000 for the fiscal year ending June 30, 1975. TITLE II—RAIL SAFETYRail Safety Improvement Act of 1974. short title Sec. 201. This title may be cited as the “Rail Safety Improvement [45 USC 440](/us/usc/t45/s440) note. Act of 1974”. declaration of policy Sec. 202. The Congress finds that more effective realization of the [45 USC 440](/us/usc/t45/s440) note. [45 USC 431](/us/usc/t45/s431) note. purposes of the Federal Railroad Safety Act of 1970 requires that Act to be amended to mandate comprehensive analysis and evaluation of the rail safety program, to increase the amount and percentage of available resources for inspection, investigation, and enforcement, and to increase the enforcement powers of the Secretary of Transportation. comprehensive railroad safety report Sec. 203. Section 211 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 440) is amended by adding at the end thereof the following new subsection:" “(c) Special Report.—The Secretary shall prepare and submit to Report to President and Congress. Contents. the President and the Congress, not later than March 17, 1976, a comprehensive railroad safety report. Such report shall— “(1) contain a description of the areas of railroad safety with respect to which Federal safety standards issued under this Act are in effect (as of June 30, 1975); “(2) identify any area of railroad safety with respect to which Federal safety standards have been proposed but have not been issued under this Act (as of June 30, 1975); “(3) identify any area of railroad safety with respect to which Federal safety standards have not been issued under this Act (as of June 30, 1975); “(4) identify alternative and more cost-effective methods for inspection and enforcement of Federal safety standards, including mechanical and electronic inspection, and contain an evaluation of problems involved in implementing such alternatives, with specific attention to the need for cooperation with the railroad industry; “(5) identify the areas of railroad safety listed in accordance with paragraphs
(1)through
(3)of this subsection which involve, or which may involve, State participation under section 206 of this Act;[45 USC 435.](/us/usc/t45/s435) 88 Stat. 2165 “(6) contain a description of the railroad safety program which is in effect or planned in each State (as of June 30, 1975), including— “(A) State program development; “(B) State plans to participate in program areas listed in accordance with paragraph
(1)of this subsection, which are not covered by a State certification or agreement; “(C) State interest in participating in each program area listed in accordance with paragraphs
(2)and
(3)of this subsection, following issuance of the applicable safety standards; “(D) annual projections of each State agency’s needs for personnel, equipment, and activities reasonably required to carry out its State program during each fiscal year from 1976 through 1980 together with estimates of the annual costs thereof separately stated as to projections under subparagraphs
(B)and
(C)of this paragraph; “(E) the sources from which the State expects to draw the funds to finance such programs; and “(F) the amount of State funds and of Federal financial assistance needed during each such fiscal year, by category; “(7) contain a detailed analysis of
(A)the number of safety inspectors needed (by industry and Government respectively) to maintain an adequate and reasonable railroad safety program and record;
(B)the minimum training and other qualifications needed for each such inspector;
(C)the present and projected availability of such personnel in comparison to the need therefor;
(D)the salary levels of such personnel in relation to salary levels for comparable positions in industry, State governments, and the Federal Government; “(8) evaluate alternative methods of allotting Federal funds among the States applying for Federal financial assistance, including recommendations, if needed, for a formula for such apportionment; “(9) contain a discussion of other problems affecting cooperation among the States that relate to effective participation of State agencies in the nationwide railroad safety program; and “(10) contain recommendations for any additional Federal and State legislation needed to further realization of the objectives of this Act. Such report shall be prepared by the Secretary, directly or indirectly, after research, examination, study, and consultation with the national associations representing railroad employee unions, railroad management, cooperating State agencies, the national organization of State commissions, universities, and other persons having special expertise or experience with respect to railroad safety. Such report shall include, in an appendix, a statement of the views of the national associations representing railroad employee unions, of the carriers, and of the national organization of State commissions with respect to the content of such report in its final form.”. " accident reports Sec. 204.
(a)Section 209(b) of the Federal Railroad Safety Act of 1970 (45 U.S.C. 438(b)) is amended by inserting after “for violation thereof” and before “in such amount” the following: “or for violation of section 2 of the Act of May 6, 1910 (45 U.S.C. 39)”. 88 Stat. 2166
(b)Section 2 of the Act of May 6, 1910 (45 U.S.C. 89) is amended by adding at the end thereof the following new sentence: “In lieu of the foregoing, any such carrier may be required to pay a civil penalty pursuant to subsections
(b)and
(c)of section 209 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 438(b)).”. authorization for appropriations Sec. 205. Section 212 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 441) is amended to read as follows:" “(a) There are authorized to be appropriated to carry out the provisions of this Act not to exceed $35,000,000 for the fiscal year ending June 30, 1975. “(b) Subject to the provisions of subsection (c), amounts appropriated under subsection
(a)of this section shall be available for expenditure as follows: “(1) Not to exceed $18,000,000 for the Office of Safety, including salaries and expenses for up to 350 safety inspectors and up to 80 clerical personnel. “(2) Not to exceed $3,500,000 to carry out the provisions of section 206(d) of this Act.[45 USC 435.](/us/usc/t45/s435) “(3) Not to exceed $3,500,000 for the Federal Railroad Administration, for salaries and expenses not otherwise provided for. “(4) Not to exceed $10,000,000 for conducting research and development activities under this Act. “(c) The aggregate of amounts obligated and expended in fiscal year 1975 for conducting research and development activities under this Act shall not exceed the aggregate of amounts expended in such fiscal year for the investigation and enforcement of railroad safety rules, regulations, orders, and standards prescribed or in effect under this Act.”." enforcement Sec. 206. Section 208(a) of the Federal Railroad Safety Act of 1970 (45 U.S.C. 437(a)) is amended by adding at the end thereof the following new sentence: “The Secretary is further authorized to issue orders directing compliance with this Act or with any railroad safety rule, regulation, order, or standard issued under this Act; the district courts of the United States shall have jurisdiction, upon petition by the Attorney General, to enforce such orders by appropriate means.”. TITLE III—INDEPENDENT SAFETY BOARDIndependent Safety Board Act of 1974. short title Sec. 301. This title may be cited as the “Independent Safety Board [49 USC 1901](/us/usc/t49/s1901) note. Act of 1974”. findings Sec. 302. The Congress finds and declares:[49 USC 1901.](/us/usc/t49/s1901)
(1)The National Transportation Safety Board was established by statute in 1966 (Public Law 89–670; 80 Stat. 935) as an [49 USC 1654.](/us/usc/t49/s1654) independent Government agency, located within the Department of Transportation, to promote transportation safety by conducting independent accident investigations and by formulating safety improvement recommendations.
(2)Proper conduct of the responsibilities assigned to this Board requires vigorous investigation of accidents involving transportation modes regulated by other agencies of Government; demands 88 Stat. 2167 continual review, appraisal, and assessment of the operating practices and regulations of all such agencies; and calls for the making of conclusions and recommendations that may be critical of or adverse to any such agency or its officials. No Federal agency can properly perform such functions unless it is totally separate and independent from any other department, bureau, commission, or agency of the United States. national transportation safety board Sec. 303.
(a)Establishment.—The National Transportation [49 USC 1902.](/us/usc/t49/s1902) Safety Board (hereafter in this title referred to as the “Board”), previously established within the Department of Transportation, shall be an independent agency of the United States, in accordance with this section, on and after April 1, 1975.
(b)Organization.—(1) The Board shall consist of five members, Membership. including a Chairman. Members of the Board shall be appointed by the President, by and with the advice and consent of the Senate. No more than three members of the Board shall be of the same political party. At any given time, no less than two members of the Board shall be individuals who have been appointed in the field of accident reconstruction, safety engineering, or transportation safety.
(2)The terms of office of members of the Board shall be 5 years, Term. except as otherwise provided in this paragraph. Any individual appointed to fill a vacancy occurring on the Board prior to the expiration of the term of office for which his predecessor was appointed shall be appointed for the remainder of that term. Upon the expiration of his term of office, a member shall continue to serve until his successor is appointed and shall have qualified. Individuals serving as members of the National Transportation Safety Board on the date of enactment of this title shall continue to serve as members of the Board until the expiration of their then current term of office. Any member of the Board may be removed by the President for inefficiency, neglect of duty, or malfeasance in office.
(3)On or before January 1, 1976 (and thereafter as required), the President shall—
(A)designate, by and with the advice and consent of the Senate, an individual to serve as the Chairman of the Board (hereafter in this title referred to as the “Chairman”); and
(B)an individual to serve as Vice Chairman. The Chairman and Vice Chairman each shall serve for a term of 2 years. The Chairman shall be the chief executive officer of the Board and shall exercise the executive and administrative functions of the Board with respect to the appointment and supervision of personnel employed by the Board; the distribution of business among such personnel and among any administrative units of the Board; and the use and expenditure of funds. The Vice Chairman shall act as Chairman in the event of the absence or incapacity of the Chairman or in case of a vacancy in the office of Chairman. The Chairman or Acting Chairman shall be governed by the general policies established by the Board, including any decisions, findings, determinations, rules, regulations, and formal resolutions.
(4)Three members of the Board shall constitute a quorum for the transaction of any function of the Board.
(5)The Board shall establish and maintain distinct and appropriately staffed bureaus, divisions, or offices to investigate and report on accidents involving each of the following modes of transportation: 88 Stat. 2168
(A)aviation;
(B)highway and motor vehicle;
(C)railroad and tracked vehicle; and
(D)pipeline. The Board shall, in addition, establish and maintain any other such office as is needed, including an office to investigate and report on the safe transportation of hazardous materials.
(c)General.—(1) The General Services Administration shall furnish the Board with such offices, equipment, supplies, and services as it is authorized to furnish to any other agency or instrumentality of the United States.
(2)The Board shall have a seal which shall be judicially recognized.
(3)Subject to the civil service and classification laws, the Board is authorized to select, appoint, employ, and fix the compensation of such officers and employees, including investigators, attorneys, and administrative law judges, as shall be necessary to carry out its powers and duties under this title. general provisions Sec. 304.
(a)Duties of Board.—The Board shall—[49 USC 1903.](/us/usc/t49/s1903)
(1)investigate or cause to be investigated (in such detail as it shall prescribe), and determine the facts, conditions, and circumstances and the cause or probable cause or causes of any—
(A)aircraft accident which is within the scope of the functions, powers, and duties transferred from the Civil Aeronautics Board under section 6(d) of the Department of Transportation Act (49 U.S.C. 4655(d)) pursuant to title [49 USC 1655.](/us/usc/t49/s1655) VII of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1441);
(B)highway accident, including any railroad grade crossing accident, that it selects in cooperation with the States;
(C)railroad accident in which there is a fatality, substantial property damage, or which involves a passenger train;
(D)pipeline accident in which there is a fatality or substantial property damage;
(E)major marine casualty, except one involving only public vessels, occurring on the navigable waters or territorial seas of the United States, or involving a vessel of the United States, in accordance with regulations to be prescribed jointly by the Board and the Secretary of the department in which the Coast Guard is operating. Nothing in this subparagraph shall be construed to eliminate or diminish any responsibility under any other Federal statute of the Secretary of the department in which the Coast Guard is operating: *Provided*, That any marine accident involving a public vessel and any other vessel shall be investigated and the facts, conditions, and circumstances, and the cause or probable cause determined and made available to the public by either the Board or the Secretary of the Department in which the Coast Guard is operating; and
(F)other accident which occurs in connection with the transportation of people or property which, in the judgment of the Board, is catastrophic, involves problems of a recurring character, or would otherwise carry out the policy of this title. The Board may request the Secretary of Transportation (hereafter Report. in this title referred to as the “Secretary”) to make investigations with regard to such accidents and to report to the 88 Stat. 2169 Board the facts, conditions, and circumstances thereof (except in accidents where misfeasance or nonfeasance by the Federal Government is alleged), and the Secretary or his designees are authorized to make such investigations. Thereafter, the Board, utilizing such reports, shall make its determination of cause or probable cause under this paragraph;
(2)report in writing on the facts, conditions, and circumstances Report; publication in Federal Register. of each accident investigated pursuant to paragraph
(1)of this subsection and cause such reports to be made available to the public at reasonable cost and to cause notice of the issuance and availability of such reports to be published in the Federal Register;
(3)issue periodic reports to the Congress, Federal, State, and Reports to Congress, Federal, State, and local agencies. local agencies concerned with transportation safety, and other interested persons recommending and advocating meaningful responses to reduce the likelihood of recurrence of transportation accidents similar to those investigated by the Board and proposing corrective steps to make the transportation of persons as safe and free from risk of injury as is possible, including steps to minimize human injuries from transportation accidents;
(4)initiate and conduct special studies and special investigations on matters pertaining to safety in transportation including human injury avoidance;
(5)assess and reassess techniques and methods of accident investigation and prepare and publish from time to time recommended procedures for accident investigations;
(6)establish by regulation requirements binding on persons reporting accidents subject to the Board's investigatory jurisdiction under this subsection;
(7)evaluate, assess the effectiveness, and publish the findings of the Board with respect to the transportation safety consciousness and efficacy in preventing accidents of other Government agencies;
(8)evaluate the adequacy of safeguards and procedures concerning the transportation of hazardous materials and the performance of other Government agencies charged with assuring the safe transportation of such materials; and
(9)review on appeal
(A)the suspension, amendment, modification, revocation, or denial of any operating certificate or license issued by the Secretary of Transportation under sections 602, 609, or 611(c) of the Federal Aviation Act of 1958 (49 U.S.C. 1422, 1429, or 1431(c)); and
(B)the decisions of the Commandant of the Coast Guard, on appeals from the orders of any administrative law judge revoking, suspending, or denying a license, certificate, document, or register in proceedings under section 4450 of the Revised Statutes of the United States (46 U.S.C. 239); the Act of July 15, 1954 (46 U.S.C. 239(a) and (b)); or section 4 of [46 USC 239a, 239b.](/us/usc/t46/s239a/s239b) [46 USC 216b.](/us/usc/t46/s216b) the Great Lakes Pilotage Act (46 U.S.C. 216(b)).
(b)Powers of Board.—(1) The Board, or upon the authority of the Board, any member thereof, any administrative law judge employed by or assigned to the Board, or any officer or employee duly designated by the Chairman, may, for the purpose of carrying out this title, hold such hearings, sit and act at such times and places, administer such oaths, and require by subpoena or otherwise the attendance and testimony of such witnesses and the production of such evidence as the Board or such officer or employee deems advisable. Subpoenas shall be issued under the signature of the Chairman, or his delegate, and may 88 Stat. 2170 be served by any person designated by the Chairman. Witnesses summoned to appear before the Board shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. Such attendance of witnesses and production of evidence may be required from any place in the United States to any designated place of such hearing in the United States.
(2)Any employee of the Board, upon presenting appropriate credentials Inspections. and a written notice of inspection authority, is authorized to enter any property wherein a transportation accident has occurred or wreckage from any such accident is located and do all things therein necessary for a proper investigation. The employee may inspect, at reasonable times, records, files, papers, processes, controls, and facilities relevant to the investigation of such accident. Each inspection shall be commenced and completed with reasonable promptness and the results of such inspection made available.
(3)In case of continuacy or refusal to obey a subpoena, an order, or an inspection notice of the Board, or of any duly designated employee thereof, by any person who resides, is found, or transacts business within the jurisdiction of any district court of the United States, such district court shall, upon the request of the Board, have jurisdiction to issue to such person an order requiring such person to comply forthwith. Failure to obey such an order is punishable by such court as a contempt of court.
(4)The Board is authorized to enter into, without regard to section Contract authority. 3709 of the Revised Statutes of the United States (41 U.S.C. 5), such contracts, leases, cooperative agreements, or other transactions as may be necessary in the conduct of the functions and the duties of the Board under this title, with any government entity or any person.
(5)The Board is authorized to obtain, and shall be furnished, with Autopsy report. or without reimbursement, a copy of the report of the autopsy performed by State or local officials on any person who dies as a result of having been involved in a transportation accident within the jurisdiction of the Board and, if necessary, the Board may order the autopsy or seek other tests of such persons as may be necessary to the investigation of the accident: *Provided*, That to the extent consistent with the need of the accident investigation, provisions of local law protecting religious beliefs with respect to autopsies shall be observed.
(6)The Board is authorized to
(A)use, on a reimbursable basis or otherwise, when appropriate, available services, equipment, personnel, and facilities of the Department of Transportation and of other civilian or military agencies and instrumentalities of the Federal Government;
(B)confer with employees and use available services, records, and facilities of State, municipal, or local governments and agencies;
(C)employ experts and consultants in accordance with section 3109 of title 5, United States Code;
(D)appoint one or more advisory committees composed of qualified private citizens or officials of Federal, State, or local governments as it deems necessary or appropriate, in accordance with the Federal Advisory Committee Act (5 U.S.C. App. I);
(E)accept voluntary and uncompensated services notwithstanding any other provision of law;
(F)accept gifts or donations of money or property (real, personal, mixed, tangible, or intangible); and
(G)enter into contracts with public or private nonprofit entities for the conduct of studies related to any of its functions.
(7)Whenever the Board submits or transmits any budget estimate, Budget estimates, transmittal to Congress. budget request, supplemental budget estimate, or other budget information, legislative recommendation, prepared testimony for congressional hearings, or comment on legislation to the President or to the Office of Management and Budget, it shall concurrently transmit a copy thereof to the Congress. No officer or agency of the United States 88 Stat. 2171 shall have any authority to require the Board to submit its budget requests or estimates, legislative recommendations, prepared testimony for congressional hearings, or comments on legislation to any officer or agency of the United States for approval, comments, or review, prior to the submission of such recommendations, testimony, or comments to the Congress.
(8)The Board is empowered to designate representatives to serve or assist on such committees as the Chairman determines to be necessary or appropriate to maintain effective liaison with other Federal agencies, and with State and local government agencies, and with independent standard-setting bodies carrying out programs and activities related to transportation safety.
(9)The Board, or an employee of the Board duly designated by the Chairman, may conduct an inquiry to secure data with respect to any matter pertinent to transportation safety, upon publication of notice Publication in Federal Register. of such inquiry in the Federal Register; and may require, by special or general orders, Federal, State, and local government agencies and persons engaged in the transportation of people or property in commerce to submit written reports and answers to such requests and questions as are propounded with respect to any matter pertinent to any function of the Board. Such reports and answers shall be submitted to the Board or to such employee within such reasonable period of time and in such form as the Board may determine. Copies thereof shall be made available for inspection by the public.
(10)Establish such rules and regulations as may be necessary to the Rules and regulations. exercise of its functions.
(c)Use of Reports as Evidence.—No part of any report of the Board, relating to any accident or the investigation thereof, shall be admitted as evidence or used in any suit or action for damages growing out of any matter mentioned in such report or reports.
(d)Judicial Review.—Any order, affirmative or negative, issued by the Board under this title shall be subject to review by the appropriate court of appeals of the United States or the United States Court of Appeals for the District of Columbia, upon petition filed within 60 days after the entry of such order, by any person disclosing a substantial interest in such order. Such review shall be conducted in accordance with the provisions of chapter 7 of title 5, United States Code.[5 USC 701.](/us/usc/t5/s701) annual report Sec. 305. The Board shall report to the Congress on July 1 of each [49 USC 1904.](/us/usc/t49/s1904) year. Such report shall include, but need not be limited to—
(1)a statistical and analytical summary of the transportation accident investigations conducted and reviewed by the Board during the preceding calendar year;
(2)a survey and summary, in such detail as the Board deems advisable, of the recommendations made by the Board to reduce the likelihood of recurrence of such accidents together with the observed response to each such recommendation;
(3)an appraisal in detail of the accident investigation and accident prevention activities of other government agencies charged by Federal or State law with responsibility in this field; and
(4)a biennial appraisal and evaluation and review, and recommendations for legislative and administrative action and change, with respect to transportation safety. 88 Stat. 2172 public access to information Sec. 306.
(a)General.—Copies of any communication, document, [49 USC 1905.](/us/usc/t49/s1905) investigation, or other report, or information received or sent by the Board, or any member or employee of the Board, shall be made available to the public upon identifiable request, and at reasonable cost, unless such information may not be publicly released pursuant to subsection
(b)of this section. Nothing contained in this section shall be deemed to require the release of any information described by subsection
(b)of section 552 of title 5, United States Code, or which is otherwise protected by law from disclosure to the public.
(b)Exception.—The Board shall not disclose information obtained Information disclosure, prohibition. under this title which concerns or relates to a trade secret referred to in section 1905 of title 18, United States Code, except that such information may be disclosed in a manner designed to preserve confidentiality—
(1)upon request, to other Federal Government departments and agencies for official use;
(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 in order to protect health and safety, after notice to any interested person to whom the information pertains and an opportunity for such person to comment in writing, or orally in closed session, on such proposed disclosure (if the delay resulting from such notice and opportunity for comment would not be detrimental to health and safety). response to board recommendations Sec. 307. Whenever the Board submits a recommendation regarding [49 USC 1906.](/us/usc/t49/s1906) transportation safety to the Secretary, he shall respond to each such recommendation formally and in writing not later than 90 days after receipt thereof. The response to the Board by the Secretary shall indicate his intention to—
(1)initiate and conduct procedures for adopting such recommendation in full, pursuant to a proposed timetable, a copy of which shall be included;
(2)initiate and conduct procedures for adopting such recommendation in part, pursuant to a proposed timetable, a copy of which shall be included. Such response shall set forth in detail the reasons for the refusal to proceed as to the remainder of such recommendation; or
(3)refuse to initiate or conduct procedures for adopting such recommendation. Such response shall set forth in detail the reasons for such refusal. The Board shall cause notice of the issuance of each such recommendation Publication in Federal Register. and of each receipt of a response thereto to be published in the Federal Register, and shall make copies thereof available to the public at reasonable cost. 88 Stat. 2173 conforming amendments Sec. 308. The Department of Transportation Act is amended—
(1)by deleting section 5 (49 U.S.C. 1654);
(2)by amending section 4(c) thereof (49 U.S.C. 1653(c)) by deleting “or the National Transportation Safety Board” in the first sentence thereof; and by deleting in the second sentence thereof “, the Administrators, or the National Transportation Safety Board.” and by inserting in lieu thereof “or the Administrators.”; and
(3)by amending section 4(d) thereof (49 U.S.C. 1653(d)) by deleting “, the Administrators, and the National Transportation Safety Board” and by inserting in lieu thereof “and the Administrators”. authorization of appropriations Sec. 309. There are authorized to be appropriated for the purposes [49 USC 1907.](/us/usc/t49/s1907) of this Act not to exceed $12,000,000 for the fiscal year ending June 30, 1975; and $12,000,000 for the fiscal year ending June 30, 1976, such sums to remain available until expended. Approved January 3, 1975. Public Law 93–634: Designating San Angelo Dam and Reservoir on the North Concho River as the “O. C. Fisher Dam and Lake”. Public Law 634 Public Law 93–634 1974-01-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–634 AN ACT Designating San Angelo Dam and Reservoir on the North Concho River as the “O. C. Fisher Dam and Lake”.January 3, 1974 [[H. R. 15322](/us/bill/93/hr/15322)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That the San Angelo San Angelo Dam and Reservoir, North Concho River, Tex. Name change. [55 Stat. 638.](/us/stat/55/638) Dam and Reservoir, North Concho River, Texas, authorized by the Flood Control Act approved August 18, 1941, shall hereafter be known as the O. C. Fisher Dam and Lake, and any law, regulation, document, or record of the United States in which such project is designated or referred to shall be held to refer to such project under and by the name of “O. C. Fisher Dam and Lake”. Approved January 3, 1975. Public Law 93–635: To make technical amendments to the Act of September 3, 1974, relating to salary increases for District of Columbia police, firemen, and teachers, and to the District of Columbia Real Property Tax Revision Act of 1974, and for other purposes. Public Law 635 Public Law 93–635 1975-01-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–635 AN ACT To make technical amendments to the Act of September 3, 1974, relating to salary increases for District of Columbia police, firemen, and teachers, and to the District of Columbia Real Property Tax Revision Act of 1974, and for other purposes.January 3, 1975 [[H. R. 16925](/us/bill/93/hr/16925)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That effective on D.C. Police, firemen and teachers, salary increases; real property taxes. the first day of the first pay period beginning on or after July 1, 1974, the salary schedule in section 101(a) of the District of Columbia Police and Firemen’s Salary Act of 1958 (D.C. Code, sec. 4–823(a)) is amended by striking out “16,510” in service step 2 of class 4 of such schedule and inserting in lieu thereof “16,540”. 88 Stat. 2174 Sec. 2.
(a)Effective on and after the first day of the first pay period Technicians’ position. beginning on or after July 1, 1974, subsections (a), (b), (c), and
(d)of section 302 of the District of Columbia Police and Firemen’s Salary Act of 1958 (D.C. Code, sec. 4–828) are amended to read as follows:" “Sec. 302.
(a)The Commissioner of the District of Columbia, in the case of the Metropolitan Police force and the Fire Department of the District of Columbia, the Secretary of the Treasury, in the case of the Executive Protective Service, and the Secretary of the Interior, in the case of the United States Park Police force, are authorized to establish and determine, from time to time, the positions in salary classes 1, 2, and 4 to be included as technicians’ positions. “(b) Each officer or member— “(1) who immediately prior to the effective date of the District of Columbia Police and Firemen’s Salary Act Amendments of 1972—[D.C. Code 4–823](/us/dcc/4/823) note. “(A) was in a position assigned to subclass
(b)of salary class 1 or 2 or subclass
(c)of salary class 4, or “(B) was in salary class 4 and was performing the duty of a dog handler, or “(2) whose position is determined under subsection
(a)to be included in salary class 1, 2, or 4 on or after such date as a technician’s position, shall on or after such date receive, in addition to his scheduled rate of basic compensation, $735 per annum. An officer or member described in paragraph (1)(A) or
(2)shall receive the additional compensation authorized by this subsection until his position is determined under subsection
(a)not to be included in salary class 1, 2, or 4, as a technician’s position or until he no longer occupies such position, which ever occurs first. An officer or member described in paragraph (1)(B) Dog handler. shall receive such compensation until the position of dog handler is determined under subsection
(a)not to be included in salary class 4 as a technician’s position or until he no longer performs the duty of dog handler, whichever first occurs. If the position of dog handler is included under subsection
(a)as a technician’s position, an officer or member performing the duty of a dog handler may not receive both the additional compensation authorized for an officer or member occupying a technician’s position and the additional compensation authorized for officers and members performing the duty of a dog handler. “(c) Each officer or member who immediately prior to the effective Detective sergeant. date of the District of Columbia Police and Firemen’s Salary Act Amendments of 1972 was assigned as a detective sergeant in subclass
(b)of salary class 4 shall on or after such date, receive, in addition to his scheduled rate of basic compensation, $540 per annum so long as he remains in such assignment. Each officer or member who is promoted after such date to the rank of detective sergeant shall receive, in addition to his scheduled rate of basic compensation, $540 per annum so long as he remains in such assignment. “(d) The additional compensation authorized by subsections
(b)and
(c)shall be paid to an officer or member in the same manner as he is paid the basic compensation to which he is entitled.”." 88 Stat. 2175
(b)Effective on and after the first day of the first pay period Additional compensation [D.C. Code 4–828.](/us/dcc/4/828) beginning on or after January 1, 1974, section 302 of that Act is amended by adding at the end thereof the following:" “(e) Whenever any officer or member receiving additional compensation authorized by subsection
(b)or
(c)is no longer entitled to receive such additional compensation, without a change in salary class, he shall receive, irrespective of any subsequent salary schedule or service step adjustment authorized by this Act, basic compensation equal to the sum of his existing scheduled rate of basic compensation and the amount of such additional compensation until his scheduled rate of basic compensation equals or exceeds such sum. “(f) The loss of the additional compensation authorized by subsection
(b)or
(c)shall not constitute an adverse action for the purposes of section 7511 of title 5 of the United States Code.”."
(c)Effective on and after the date of enactment of this Act paragraphs Repeal. [D.C. Code 4–828.](/us/dcc/4/828) *Ante,* p. 1036. (5), (6), and
(7)of section 101(a) of the Act of September 3, 1974 (relating to District of Columbia police and firemen’s salaries) are repealed. Sec. 3.
(a)Section 103(a) of the Act of September 3, 1974 (relating *Ante,* p. 1038. to salary increases for District of Columbia police, firemen, and teachers), is amended by striking out “this title” and inserting in lieu thereof “this part”.
(b)Section 124(a) of that Act is amended by striking out “subsections *Ante,* p. 1041. (a), (b), and (d)” and inserting in lieu thereof “subsections
(a)and (b)”.
(c)Section 124(c) of that Act is amended by striking out “Section 122” and inserting in lieu thereof “Sections 122, 123, and 124”.
(d)The amendments made by this section shall take effect on and Effective date. [D.C. Code 4–823](/us/dcc/4/823) note. after September 3, 1974. Sec. 4. Effective on the first day of the first pay period beginning Teachers, salary increase. on or after September 1, 1974, the salary schedule contained in section 1 of the District of Columbia Teachers’ Salary Act of 1955 (D.C. Code, sec. 31–1501) is amended by
(1)striking out “$29,900” in service step 5 of class 3 and inserting in lieu thereof “$29,990”;
(2)striking out “13,620” in service step 9 of Group A–1 of class 15 and inserting in lieu thereof “13,520”;
(3)striking out “Group B, master’s degree” in class 15 and inserting in lieu thereof “Group B, bachelor’s degree + 30 or master’s degree”;
(4)striking out “14,780” in service step 8 of Group C of class 15 and inserting in lieu thereof “14,730”; and
(5)striking out “17,180” in service step 12 of Group C of class 15 and inserting in lieu thereof “17,130”. Sec. 5. Effective on and after September 3, 1974, the amendment made by section 202(2) of the Teachers’ Salary Act Amendments of 1974 to the salary schedule contained in section 1 of the District of *Ante,* p. 1042. [D.C. Code 31–1501.](/us/dcc/31/1501) Columbia Teachers’ Salary Act of 1955 is amended
(1)by striking out “10,410” in service step 6 of Group A–1 of class 15 and inserting in lieu thereof “12,410”; and
(2)by striking out “20,559” in Longevity step Y of Group D of class 15 and inserting in lieu thereof “20,550”. 88 Stat. 2176 Sec. 6. (a)(1) Subsections
(c)and
(d)of section 413 of the District of Columbia Real Property Tax Revision Act of 1974 are each *Ante,* p. 1052. amended by striking out “subsection (a)” and inserting in lieu thereof “subsection (b)(3)”.
(2)The amendments made by paragraph
(1)shall take effect Effective date. [D.C. Code 47–633](/us/dcc/47/633) note. January 2, 1975.
(b)Section 413(e) of that Act is amended by striking out “Act” and inserting in lieu thereof “title”.
(c)The first sentence of section 421(a) of that Act is amended by *Ante,* p. 1053. striking out “this part” and inserting in lieu thereof “this subpart”.
(d)The first sentence of section 421(f) of that Act is amended by striking out “Act” and inserting in lieu thereof “title”.
(e)The first sentence of section 422(b) of that Act is amended by *Ante,* p. 1054. striking out “this title” the first place it appears and inserting in lieu thereof “this subpart”.
(f)The last sentence of section 426(f) of that Act is amended by *Ante,* p. 1055. [D.C. Code 47–646.](/us/dcc/47/646) striking out “423” and inserting in lieu thereof “424”.
(g)Section 426(i) of that Act is amended by deleting “sections 3 and 14 of title IX of the Act of August 17, 1937 (D.C. Code, sec. 47–2404, 47–24143)” and inserting in lieu thereof “sections 3 and 4 of title IX of the Act of August 17, 1937 (D.C. Code, secs. 47–2403, 47–2404)”.
(h)The amendments made by subsections (b), (c), (d), (e), (f), Effective date. [D.C. Code 47–633](/us/dcc/47/633) note. *Ante,* p. 1065. *Ante,* p. 1036. and
(g)shall take effect as provided in section 478 of that Act as if the sections (as amended) amended by such subsections had been included in Public Law 93–407 on the date of its enactment. Sec. 7. (a)(1) Section 451 of the District of Columbia Real Property Tax Revision Act of 1974 is amended by
(A)inserting “of article *Ante,* p. 1060. I” immediately after “title VI”, and
(B)inserting “Tax” immediately after “Franchise”.
(2)The amendments made by paragraph
(1)shall take effect on Effective date. [D.C. Code 47–1567g](/us/dcc/47/1567g) note. and after September 3, 1974. (b)(1) Section 7 of title VI of article I of the District of Columbia Income and Franchise Tax Act of 1947, added by section 451 of the District of Columbia Real Property Tax Revision Act of 1974, is *Ante,* p. 1060. [D.C. Code 47–1567g.](/us/dcc/47/1567g) amended by striking out “Sec. 7.”, and inserting in lieu thereof “Sec. 8.”.
(2)The table of contents of such article I is amended by adding at the end of the part of such table relating to title VI the following:" “Sec. 8. Credit for property taxes accrued and payable by District of Columbia residents.”. "
(3)The amendments made by paragraphs
(1)and
(2)shall take Effective date. [D.C. Code 47–1567g](/us/dcc/47/1567g) note. *Supra.* effect on and after January 1, 1975.
(c)Subsection
(f)of section 8 of title VI of such article I (as redesignated by the amendment made by subsection (b)(1)) is amended by striking out “the first section of the Act of September 14, 1965 (D.C. Code, secs. 20–2101 and 20–2102), the claim shall not be allowed.” and inserting in lieu thereof “sections 2101 and 2102 of title 20 of the District of Columbia Code, the claim shall not be allowed.”.
(d)Subsection
(p)of such section 8 is amended by striking out “paragraph (1)” and inserting in lieu thereof “subsection (n)(1)”.
(e)Subsection
(s)of such section 8 is amended by striking out “section 7(a) of this title” and inserting in lieu thereof “subsection
(a)of this section”.
(f)The amendments made by subsections (c), (d), and
(e)shall Effective date. [D.C. Code 47–1567g](/us/dcc/47/1567g) note. *Ante,* p. 1060. *Ante,* p. 1036. take effect as provided in section 451 of that Act as if the sections (as amended) amended by such subsections had been included in Public Law 93–407 on the date of its enactment. 88 Stat. 2177 Sec. 8.
(a)Section 441 of the District of Columbia Real Property Tax Revision Act of 1974 is amended by striking out “(D.C. Code, *Ante,* p. 1060. sec. 47–801(a))” and inserting in lieu thereof “(D.C. Code, sec. 47–801a.)”.
(b)Section 473 of that Act is amended by striking out “(D.C. Code, *Ante,* p. 1064. sec. 47–2601(a)(8))” and inserting in lieu thereof “(D.C. Code, sec. 47–2601.14(a)(8))”.
(c)Section 474(b) of that Act is amended by striking out “(D.C. *Ante,* p. 1065. Code, sec. 47–601)” and inserting in lieu thereof “(D.C. Code, secs. 47–301, 47–601)”.
(d)Section 477 of that Act is amended by striking out “this Act” *Ante,* p. 1065. and inserting in lieu thereof “this title”.
(e)The amendments made by this section shall take effect on and Effective date. [D.C. Code 47–661](/us/dcc/47/661) note. Repeals. after September 3, 1974. Sec. 9. Effective June 30, 1975, section 5(a) of title IX of the Act of August 17, 1937 (D.C. Code, secs. 47–708, 47–709), and section 4 of the Act of July 3, 1926 (D.C. Code, sec. 47–713), are repealed. Sec. 10.
(a)Subsection
(f)of the Policemen and Firemen’s Retirement Police and firemen, disability retirement. [D.C. Code 4–526.](/us/dcc/4/526) and Disability Act (D.C. Code, sec. 4–521) is amended by striking out “basic salary at time of retirement” and inserting in lieu thereof “average pay”.
(b)The amendment made by subsection
(a)shall apply with Applicability. [D.C. Code 4–526](/us/dcc/4/526) note. respect to any annuity which begins on or after July 1, 1975. Sec. 11. Effective on and after September 3, 1974, the amendment Adult education schools, teachers. *Ante,* p. 1042. [D.C. Code 31–1542.](/us/dcc/31/1542) made by section 202(4) of the Teachers’ Salary Act Amendments of 1974 to the schedule of pay rates in section 13(a) of the District of Columbia Teachers’ Salary Act of 1955 is amended by striking out “9.61” in step 1 for Teachers in Adult Education Schools and inserting in lieu thereof “9.67”. Sec. 12. The second sentence of section 301(a) of the District of Director of Campaign Finance, term. *Ante,* p. 454. [D.C. Code 1–1151.](/us/dcc/1/1151) Columbia Campaign Finance Reform and Conflict of Interest Act is amended to read as follows: “The Commissioner of the District of Columbia shall appoint, by and with the advice and consent of the Senate, the Director, except that on and after January 2, 1975, appointments to the Office of Director, including vacancies therein, shall be made by the Mayor, with the advice and consent of the Council. The Director shall serve for a term of four years, subject to removal for cause by the Commissioner or the Mayor, as the case may be, and may be reappointed for a like term or terms, with the advice and consent of the Council, except that in the case of the Director serving as such on January 1, 1975, such Director’s term shall terminate upon the expiration of June 1, 1979, unless sooner so removed for cause. Any appointment to fill a vacancy in the Office of Director shall be for the unexpired portion of the term.”. Sec. 13.
(a)Section 5(e) of the District of Columbia Election Act Board of Elections and Ethics. (D.C. Code, sec. 1–1105) is amended by adding at the end thereof the following new sentences: “The Board, at the request of the Director of Campaign Finance, shall provide such employees, subject to the compensation provisions of this subsection, as requested to carry out the powers and duties of the Director. Employees so assigned to the Director shall, while so assigned, be under the direction and control of the Director.”.
(b)Section 5 of such Act is further amended by adding at the end Regulations. thereof the following new subsection:" “(g) The Board shall prescribe such regulations as may be necessary to insure that all persons responsible for the proper administration of this Act maintain a position of strict impartiality and refrain from any activity which would imply support of or opposition to
(1)a candidate or group of candidates for office in the District of Columbia, or 88 Stat. 2178
(2)any political party or political committee. As used in this subsection, Definitions. the terms ‘office’, ‘political party’, and ‘political committee’ shall have the same meaning as that prescribed in section 102 of the District of Columbia Campaign Finance Reform and Conflict of Interest Act”.*Ante,* p. 447." Sec. 14.
(a)Section 306(b)(2) of the Act of August 14, 1974, is *Ante,* p. 458. [D.C. Code 1–1156.](/us/dcc/1/1156) amended by deleting “chapter 5 of title 5, United States Code” and inserting “the District of Columbia Administrative Procedure Act (D.C. Code, sec. 1–1501 et seq.)”.
(b)Section 601(c) of the Act of August 14, 1974, is amended by *Ante,* p. 465. inserting immediately before the period at the end thereof a comma and the following: “except for political contributions publicly reported pursuant to section 206 of this Act and transactions made in the *Ante,* p. 452. ordinary course of business of the person offering or giving the thing of value”. Sec. 15.
(a)Section 431(a) of the District of Columbia Real Property Historic buildings. *Ante,* p. 1057. Tax Revision Act of 1974 is amended by deleting “historic property” and inserting in lieu thereof “historic buildings”.
(b)Section 431(b) of such Act is amended by deleting “historic property” and inserting “historic buildings”.
(c)Section 432 of such Act is amended by deleting “property” *Ante,* p. 1058. wherever it appears therein and inserting in lieu thereof “buildings”.
(d)Section 433 of such Act is amended to read as follows:" “Sec. 433. To be eligible for historic property tax relief, real property *Ante,* p. 1058. must be a historic building designated by the Joint Committee on Landmarks of the National Capital and, in addition, must be approved by the Commissioner under section 434.”."
(e)Section 434 of such Act is amended to read as follows:*Ante,* p. 1058." “Sec. 434. The Council may provide that the owners of historic buildings which have been so designated by the Joint Committee on Landmarks of the National Capital may enter into agreements with the government of the District of Columbia for periods of at least twenty years which will assure the continued maintenance of historic buildings in return for property tax relief. Such a provision shall, as a condition for tax relief, require reasonable assurance that such buildings will be used and properly maintained and such other conditions as the Council finds to be necessary to encourage the preservation of historic buildings. The Council shall also provide for the recovery of back taxes, with interest, which would have been due and payable in the absence of the exemption, if the conditions for such exemption are not fulfilled.”." Sec. 16. Section 4(a) of the Act entitled “An Act to amend the Controlled Repeal. Substances Act to extend for three fiscal years the authorization of appropriations for the administration and enforcement of that Act”, approved October 26, 1974 (Public Law 93–481), is amended by striking out “chapter 6” and inserting in lieu thereof “chapter 5”.*Ante,* p. 1455. Sec. 17. Section 493(b) of the Act of December 24, 1973, is amended Public Service Commission, Commissioners. [D.C. Code 43–201.](/us/dcc/43/201) to read as follows:" “(b) Paragraph 97(a) of section 8 of the Act of March 4, 1913 (making appropriations for the government of the District of Columbia) (D.C. Code, sec. 43–201), is amended as follows: “(1) The first sentence of such paragraph is amended to read as follows: ‘The Public Service Commission of the District of Columbia shall be composed of three commissioners appointed by the Mayor, by and with the advice and consent of the Council, except that the members (other than the Commissioner of the District of Columbia) serving as commissioners of such Commission on January 1, 1975, by virtue of their appointment by the President, by and with the advice and consent of the Senate, shall 88 Stat. 2179 continue to serve until the expiration of the terms for which they were so appointed. The member first appointed by the Mayor, by and with the advice and consent of the Council, on or after January 2, 1975, shall serve until June 30, 1978.’. “(2) The third sentence of such paragraph is repealed.Repeal. “(3) The sixth sentence of such paragraph is amended to read as follows: ‘No Commissioner shall, during his term of office, hold any other public office.’. “(4) The seventh sentence of such paragraph is amended by deleting ‘The Commissioners of the District of Columbia’ and inserting in lieu thereof ‘The Mayor’. “(5) The eighth sentence of such paragraph is amended to read as follows: No person shall be eligible to the office of Commissioner of the Public Service Commission of the District of Columbia who has not been a bona fide resident of the District of Columbia for a period of at least three years next preceding his appointment or who has voted or claimed residence elsewhere during such period.’”." Sec. 18.
(a)Section 103(a) of the Act of September 3, 1974 (77 *Ante,* p. 1038. Stat. 1036), relating to police and firemen’s compensation, is amended by deleting “subsections
(b)and (c)” and inserting in lieu thereof “subsections (b), (c), and (d)”.
(b)Section 103(a) of such Act is further amended by adding at the end thereof the following:" “(d) The amendment made by paragraph
(4)of section 101 shall *Ante,* p. 1036. take effect on and after the first day of the first pay period beginning on or after June 1, 1974.”." Sec. 19. Section 122 of the Act of September 3, 1974 (relating to Police and Firemen’s Retirement and Relief Board, membership. *Ante,* p. 1041. police and firemen’s compensation), is amended by adding at the end thereof the following new subsection:" “(d) In addition to the members and alternates of the Board designated by subsection
(a)of this section, in all cases of retirement, disability, or other relief involving a member of the Executive Protective Service or a member of the United States Secret Service, who contribute to the Policemen and Firemen’s Relief Fund of the District of Columbia, a member and alternate of the Executive Protective Service or a member and alternate of the United States Secret Service, as designated by the Director, United States Secret Service, as appropriate shall sit as a member of the Police and Firemen’s Retirement and Relief Board.”." Approved January 3, 1975. Public Law 93–636: Making appropriations for military construction for the Department of Defense for the fiscal year ending June 30, 1975, and for other purposes. Public Law 636 Public Law 93–636 1975-01-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–636 AN ACT Making appropriations for military construction for the Department of Defense for the fiscal year ending June 30, 1975, and for other purposes. January 3, 1975 [[H. R. 17468](/us/bill/93/hr/17468)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That the following Military Construction Appropriation Act, 1975. sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1975, for military construction functions administered by the Department of Defense, and for other purposes, namely: 88 Stat. 2180 Military Construction, Army For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, and facilities for the Army as currently authorized in military public works or military construction Acts, and in sections 2673 and 2675 of title 10, United States Code, $656,825,000, to remain available until expended. Military Construction, Navy For acquisition, construction, installation, and equipment of temporary or permanent public works, naval installations, and facilities for the Navy as currently authorized in military public works or military construction Acts, and in sections 2673 and 2675 of title 10, United States Code, including personnel in the Naval Facilities Engineering Command and other personal services necessary for the purposes of this appropriation, $606,376,000, to remain available until expended. Military Construction, Air Force For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, and facilities for the Air Force as currently authorized in military public works or military construction Acts, and in sections 2673 and 2675 of title 10, United States Code, $456,439,000, to remain available until expended. Military Construction, Defense Agencies For acquisition, construction, installation, and equipment of temporary or permanent public works, installations, and facilities for activities and agencies of the Department of Defense (other than the military departments and the Defense Civil Preparedness Agency), as currently authorized in military public works or military construction Acts, and in sections 2673 and 2675 of title 10, United States Code, $31,260,000, to remain available until expended; and, in addition, not to exceed $20,000,000 to be derived by transfer from the appropriation “Research, development, test, and evaluation, Defense Agencies” as determined by the Secretary of Defense: *Provided*, That such amounts of this appropriation as may be determined by the Secretary of Defense may be transferred to such appropriations of the Department of Defense available for military construction as he may designate. Military Construction, Army National Guard For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army National Guard as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $59,000,000, [10 USC 2231.](/us/usc/t10/s2231) to remain available until expended. 88 Stat. 2181 Military Construction, Air National Guard For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air National Guard, and contributions therefor, as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces [10 USC 2231.](/us/usc/t10/s2231) Facilities Acts, $35,500,000, to remain available until expended. Military Construction, Army Reserve For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army Reserve as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $43,700,000, to remain available until expended. Military Construction, Naval Reserve For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the reserve components of the Navy and Marine Corps as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $22,135,000, to remain available until expended. Military Construction, Air Force Reserve For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air Force Reserve as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $16,000,000, to remain available until expended. Family Housing, Defense For expenses of family housing for the Army, Navy, Marine Corps, Air Force, and Defense agencies, for construction, including acquisition, replacement, addition, expansion, extension and alteration and for operation, maintenance, and debt payment, including leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, $1,245,790,000, to be obligated and expended in the Family Housing Management Account established pursuant to section 501(a) of Public Law 87–554, in not to exceed the [42 USC 1594a–1.](/us/usc/t42/s1594a–1) following amounts: For the Army: Construction, $122,500,000; For the Navy and Marine Corps: Construction, $127,275,000; For the Air Force: Construction, $60,500,000; For Department of Defense: Debt payment, $162,348,000; Operation, maintenance, $773,167,000. *Provided*, That the amounts provided under this head for construction and for debt payment shall remain available until expended. 88 Stat. 2182 Homeowners Assistance Fund, Defense For use in the Homeowners Assistance Fund established pursuant to section 1013(d) of the Demonstration Cities and Metropolitan Development Act of 1966 (Public Law 89–754, as amended), $5,000,000.[42 USC 3374.](/us/usc/t42/s3374) General Provisions Sec. 101. Funds appropriated to the Department of Defense for Prior appropriations. construction in prior years are hereby made available for construction authorized for each such department by the authorizations enacted into law during the second session of the Ninety-third Congress. Sec. 102. None of the funds appropriated in this Act shall be Contracts. expended for payments under a cost-plus-a-fixed-fee contract for work, where cost estimates exceed $25,000, to be performed within the United States, except Alaska, without the specific approval in writing of the Secretary of Defense setting forth the reasons therefor. Sec. 103. None of the funds appropriated in this Act shall be Construction costs, expedition. expended for additional costs involved in expediting construction unless the Secretary of Defense certifies such costs to be necessary to protect the national interest and establishes a reasonable completion date for each project, taking into consideration the urgency of the requirement, the type and location of the project, the climatic and seasonal conditions affecting the construction, and the application of economical construction practices. Sec. 104. None of the funds appropriated in this Act shall be used Service facilities. for the construction, replacement, or reactivation of any bakery, laundry, or drycleaning facility in the United States, its territories, or possessions, as to which the Secretary of Defense does not certify, in writing, giving his reasons therefor, that the services to be furnished by such facilities are not obtainable from commercial sources at reasonable rates. Sec. 105. Funds herein appropriated to the Department of Defense Motor vehicles, hire. [31 USC 638f](/us/usc/t31/s638f). for construction shall be available for hire of passenger motor vehicles. Sec. 106. Funds appropriated to the Department of Defense Access roads, construction, [31 USC 700b](/us/usc/t31/s700b). for construction may be used for advances to the Federal Highway Administration, Department of Transportation, for the construction of access roads as authorized by section 210 of title 23, United States Code, when projects authorized therein are certified as important to the national defense by the Secretary of Defense. Sec. 107. None of the funds appropriated in this Act may be used to New bases. begin construction of new bases inside the continental United States for which specific appropriations have not been made. Sec. 108. No part of the funds provided in this Act shall be used for Land purchases or easements. purchase of land or land easements in excess of 100 per centum of the value as determined by the Corps of Engineers or the Naval Facilities Engineering Command, except:
(a)where there is a determination of value by a Federal court, or
(b)purchases negotiated by the Attorney General or his designee, or
(c)where the estimated value is less than $25,000, or
(d)as otherwise determined by the Secretary of Defense to be in the public interest. Sec. 109. None of the funds appropriated in this Act may be used Foreign projects. to make payments under contracts for any project in a foreign country unless the Secretary of Defense or his designee, after consultation with the Secretary of the Treasury or his designee, certifies to the Congress that the use, by purchase from the Treasury, of currencies of such country acquired pursuant to law is not feasible for the purpose, stating the reason therefor. 88 Stat. 2183 Sec. 110. None of the funds appropriated in this Act shall be used Family housing limitations. to
(1)acquire land,
(2)provide for site preparation, or
(3)install utilities for any family housing, except housing for which funds have been made available in annual military construction appropriation Acts: *Provided*, That funds in this Act may be available for family housing in accordance with section 502 of the Military Construction Authorization Act, 1975, excluding the costs of design and supervision, *Ante,* p. 1758. inspection and overhead. Sec. 111. Notwithstanding any other provision of law, funds available to the Department of Defense during the current fiscal year for the construction of family housing units may be used to purchase sole interest in privately owned and Federal Housing Commissioner held family housing units if the Secretary of Defense determines it is in the best interests of the Government to do so: *Provided*, That family housing units so purchased do not exceed annual Military Construction Authorization Act limitations on unit cost and numbers and are at the locations authorized: *Provided further*, That housing units so purchased are within the size limitations of title 10, United States Code, section 2684. This Act may be cited as the “Military Construction Appropriation Short title. Act, 1975”. Approved January 3, 1975. Public Law 93–637: To provide minimum disclosure standards for written consumer product warranties; to define minimum Federal content standards for such warranties; to amend the Federal Trade Commission Act in order to improve its consumer protection activities; and for other purposes. Public Law 637 Public Law 93–637 1975-01-04 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–637 AN ACT To provide minimum disclosure standards for written consumer product warranties; to define minimum Federal content standards for such warranties; to amend the Federal Trade Commission Act in order to improve its consumer protection activities; and for other purposes.January 4, 1975 [[S. 356](/us/bill/93/s/356)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That this Act may Magnuson-Moss Warranty—Federal Trade Commission Improvement Act. [15 USC 2301](/us/usc/t15/s2301) note. be cited as the “Magnuson-Moss Warranty—Federal Trade Commission Improvement Act”. TITLE I—CONSUMER PRODUCT WARRANTIES definitions Sec. 101. For the purposes of this title:[15 USC 2301.](/us/usc/t15/s2301)
(1)The term “consumer product” means any tangible personal property which is distributed in commerce and which is normally used for personal, family, or household purposes (including any such property intended to be attached to or installed in any real property without regard to whether it is so attached or installed).
(2)The term “Commission” means the Federal Trade Commission. 88 Stat. 2184
(3)The term “consumer” means a buyer (other than for purposes of resale) of any consumer product, any person to whom such product is transferred during the duration of an implied or written warranty (or service contract) applicable to the product, and any other person who is entitled by the terms of such warranty (or service contract) or under applicable State law to enforce against the warrantor (or service contractor) the obligations of the warranty (or service contract).
(4)The term “supplier” means any person engaged in the business of making a consumer product directly or indirectly available to consumers.
(5)The term “warrantor” means any supplier or other person who gives or offers to give a written warranty or who is or may be obligated under an implied warranty.
(6)The term “written warranty” means—
(A)any written affirmation of fact or written promise made in connection with the sale of a consumer product by a supplier to a buyer which relates to the nature of the material or workmanship and affirms or promises that such material or workmanship is defect free or will meet a specified level of performance over a specified period of time, or
(B)any undertaking in writing in connection with the sale by a supplier of a consumer product to refund, repair, replace, or take other remedial action with respect to such product in the event that such product fails to meet the specifications set forth in the undertaking, which written affirmation, promise, or undertaking becomes part of the basis of the bargain between a supplier and a buyer for purposes other than resale of such product.
(7)The term “implied warranty” means an implied warranty arising under State law (as modified by sections 108 and 104(a)) in connection with the sale by a supplier of a consumer product.
(8)The term “service contract” means a contract in writing to perform, over a fixed period of time or for a specified duration, services relating to the maintenance or repair (or both) of a consumer product.
(9)The term “reasonable and necessary maintenance” consists of those operations
(A)which the consumer reasonably can be expected to perform or have performed and
(B)which are necessary to keep any consumer product performing its intended function and operating at a reasonable level of performance.
(10)The term “remedy” means whichever of the following actions the warrantor elects:
(A)repair,
(B)replacement, or
(C)refund; except that the warrantor may not elect refund unless
(i)the warrantor is unable to provide replacement and repair is not commercially practicable or cannot be timely made, or
(ii)the consumer is willing to accept such refund. 88 Stat. 2185
(11)The term “replacement” means furnishing a new consumer product which is identical or reasonably equivalent to the warranted consumer product.
(12)The term “refund” means refunding the actual purchase price (less reasonable depreciation based on actual use where permitted by rules of the Commission).
(13)The term “distributed in commerce” means sold in commerce, introduced or delivered for introduction into commerce, or held for sale or distribution after introduction into commerce.
(14)The term “commerce” means trade, traffic, commerce, or transportation—
(A)between a place in a State and any place outside thereof, or
(B)which affects trade, traffic, commerce, or transportation described in subparagraph (A).
(15)The term “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Canal Zone, or American Samoa. The term “State law” includes a law of the United States applicable only to the District of Columbia or only to a territory or possession of the United States; and the term “Federal law” excludes any State law. warranty provisions Sec. 102.
(a)In order to improve the adequacy of information available [15 USC 2302.](/us/usc/t15/s2302) to consumers, prevent deception, and improve competition in the marketing of consumer products, any warrantor warranting a consumer product to a consumer by means of a written warranty shall, to the extent required by rules of the Commission, fully and conspicuously disclose in simple and readily understood language the terms and conditions of such warranty. Such rules may require inclusion in the written warranty of any of the following items among others:
(1)The clear identification of the names and addresses of the warrantors.
(2)The identity of the party or parties to whom the warranty is extended.
(3)The products or parts covered.
(4)A statement of what the warrantor will do in the event of a defect, malfunction, or failure to conform with such written warranty—at whose expense—and for what period of time.
(5)A statement of what the consumer must do and expenses he must bear.
(6)Exceptions and exclusions from the terms of the warranty.
(7)The step-by-step procedure which the consumer should take in order to obtain performance of any obligation under the warranty, including the identification of any person or class of persons authorized to perform the obligations set forth in the warranty.
(8)Information respecting the availability of any informal dispute settlement procedure offered by the warrantor and a recital, where the warranty so provides, that the purchaser may be 88 Stat. 2186 required to resort to such procedure before pursuing any legal remedies in the courts.
(9)A brief, general description of the legal remedies available to the consumer.
(10)The time at which the warrantor will perform any obligations under the warranty.
(11)The period of time within which, after notice of a defect, malfunction, or failure to conform with the warranty, the warrantor will perform any obligations under the warranty.
(12)The characteristics or properties of the products, or parts thereof, that are not covered by the warranty.
(13)The elements of the warranty in words or phrases which would not mislead a reasonable, average consumer as to the nature or scope of the warranty. (b)(1)(A) The Commission shall prescribe rules requiring that Availability prior to sale. the terms of any written warranty on a consumer product be made available to the consumer (or prospective consumer) prior to the sale of the product to him.
(B)The Commission may prescribe rules for determining the Information, presentation. manner and form in which information with respect to any written warranty of a consumer product shall be clearly and conspicuously presented or displayed so as not to mislead the reasonable, average consumer, when such information is contained in advertising, labeling, point-of-sale material, or other representations in writing.
(2)Nothing in this title (other than paragraph
(3)of this subsection) shall be deemed to authorize the Commission to prescribe the duration of written warranties given or to require that a consumer product or any of its components be warranted.
(3)The Commission may prescribe rules for extending the period Time extension. of time a written warranty or service contract is in effect to correspond with any period of time in excess of a reasonable period (not less than 10 days) during which the consumer is deprived of the use of such consumer product by reason of failure of the product to conform with the written warranty or by reason of the failure of the warrantor (or service contractor) to carry out such warranty (or service contract) within the period specified in the warranty (or service contract).
(c)No warrantor of a consumer product may condition his written Conditions. or implied warranty of such product on the consumer’s using, in connection with such product, any article or service (other than article or service provided without charge under the terms of the warranty) which is identified by brand, trade, or corporate name; except that the prohibition of this subsection may be waived by the Commission if—
(1)the warrantor satisfies the Commission that the warranted product will function properly only if the article or service so identified is used in connection with the warranted product, and
(2)the Commission finds that such a waiver is in the public interest. The Commission shall identify in the Federal Register, and permit Publication in Federal Register. public comment on, all applications for waiver of the prohibition of this subsection, and shall publish in the Federal Register its disposition of any such application, including the reasons therefor. 88 Stat. 2187
(d)The Commission may by rule devise detailed substantive warranty provisions which warrantors may incorporate by reference in their warranties.
(e)The provisions of this section apply only to warranties which pertain to consumer products actually costing the consumer more than $5. designation of warranties Sec. 103.
(a)Any warrantor warranting a consumer product by [15 USC 2303.](/us/usc/t15/s2303) means of a written warranty shall clearly and conspicuously designate such warranty in the following manner, unless exempted from doing so by the Commission pursuant to subsection
(c)of this section:
(1)If the written warranty meets the Federal minimum “Full warranty.” standards for warranty set forth in section 104 of this Act, then it shall be conspicuously designated a “full (statement of duration) warranty”.
(2)If the written warranty does not meet the Federal minimum “Limited warranty.” standards for warranty set forth in section 104 of this Act, then it shall be conspicuously designated a “limited warranty”.
(b)Sections 102, 103, and 104 shall not apply to statements or representations which are similar to expressions of general policy concerning customer satisfaction and which are not subject to any specific limitations.
(c)In addition to exercising the authority pertaining to disclosure granted in section 102 of this Act, the Commission may by rule determine when a written warranty does not have to be designated either “full (statement of duration)” or “limited” in accordance with this section.
(d)The provisions of subsections
(a)and
(c)of this section apply only to warranties which pertain to consumer products actually costing the consumer more than $10 and which are not designated “full (statement of duration) warranties”. federal minimum standards for warranty Sec. 104.
(a)In order for a warrantor warranting a consumer [15 USC 2304.](/us/usc/t15/s2304) product by means of a written warranty to meet the Federal minimum standards for warranty—
(1)such warrantor must as a minimum remedy such consumer product within a reasonable time and without charge, in the case of a defect, malfunction, or failure to conform with such written warranty;
(2)notwithstanding section 108(b), such warrantor may not impose any limitation on the duration of any implied warranty on the product;
(3)such warrantor may not exclude or limit consequential damages for breach of any written or implied warranty on such product, unless such exclusion or limitation conspicuously appears on the face of the warranty; and
(4)if the product (or a component part thereof) contains a defect or malfunction after a reasonable number of attempts by the warrantor to remedy defects or malfunctions in such product, such warrantor must permit the consumer to elect either a refund for, or replacement without charge of, such product or part (as the case may be). The Commission may by rule specify for purposes of this paragraph, what constitutes a reasonable number of attempts to remedy particular kinds of defects or malfunctions under different circumstances. If the warrantor replaces a component part of a consumer product, such replacement shall include installing the part in the product without charge. 88 Stat. 2188 (b)(1) In fulfilling the duties under subsection
(a)respecting a written warranty, the warrantor shall not impose any duty other than notification upon any consumer as a condition of securing remedy of any consumer product which malfunctions, is defective, or does not conform to the written warranty, unless the warrantor has demonstrated in a rulemaking proceeding, or can demonstrate in an administrative or judicial enforcement proceeding (including private enforcement), or in an informal dispute settlement proceeding, that such a duty is reasonable.
(2)Notwithstanding paragraph (1), a warrantor may require, as a condition to replacement of, or refund for, any consumer product under subsection (a), that such consumer product shall be made available to the warrantor free and clear of liens and other encumbrances, except as otherwise provided by rule or order of the Commission in cases in which such a requirement would not be practicable.
(3)The Commission may, by rule define in detail the duties set forth in section 104(a) of this Act and the applicability of such duties to warrantors of different categories of consumer products with “full (statement of duration)” warranties.
(4)The duties under subsection
(a)extend from the warrantor to each person who is a consumer with respect to the consumer product.
(c)The performance of the duties under subsection
(a)of this section shall not be required of the warrantor if he can show that the defect, malfunction, or failure of any warranted consumer product to conform with a written warranty, was caused by damage (not resulting from defect or malfunction) while in the possession of the consumer, or unreasonable use (including failure to provide reasonable and necessary maintenance).
(d)For purposes of this section and of section 102(c), the term “Without charge.” “without charge” means that the warrantor may not assess the consumer for any costs the warrantor or his representatives incur in connection with the required remedy of a warranted consumer product. An obligation under subsection (a)(1)(A) to remedy without charge does not necessarily require the warrantor to compensate the consumer for incidental expenses; however, if any incidental expenses are incurred because the remedy is not made within a reasonable time or because the warrantor imposed an unreasonable duty upon the consumer as a condition of securing remedy, then the consumer shall be entitled to recover reasonable incidental expenses which are so incurred in any action against the warrantor.
(e)If a supplier designates a warranty applicable to a consumer product as a “full (statement of duration)” warranty, then the warranty on such product shall, for purposes of any action under section 110(d) or under any State law, be deemed to incorporate at least the minimum requirements of this section and rules prescribed under this section. full and limited warranting of a consumer product Sec. 105. Nothing in this title shall prohibit the selling of a consumer [15 USC 2305.](/us/usc/t15/s2305) product which has both full and limited warranties if such warranties are clearly and conspicuously differentiated. service contracts Sec. 106.
(a)The Commission may prescribe by rule the manner and [15 USC 2306.](/us/usc/t15/s2306) form in which the terms and conditions of service contracts shall be fully, clearly, and conspicuously disclosed.
(b)Nothing in this title shall be construed to prevent a supplier or warrantor from entering into a service contract with the consumer 88 Stat. 2189 in addition to or in lieu of a written warranty if such contract fully, clearly, and conspicuously discloses its terms and conditions in simple and readily understood language. designation of representatives Sec. 107. Nothing in this title shall be construed to prevent any [15 USC 2307.](/us/usc/t15/s2307) warrantor from designating representatives to perform duties under the written or implied warranty: *Provided*, That such warrantor shall make reasonable arrangements for compensation of such designated representatives, but no such designation shall relieve the warrantor of his direct responsibilities to the consumer or make the representative a cowarrantor. limitation on disclaimer of implied warranties Sec. 108.
(a)No supplier may disclaim or modify (except as provided [15 USC 2308.](/us/usc/t15/s2308) in subsection (b)) any implied warranty to a consumer with respect to such consumer product if
(1)such supplier makes any written warranty to the consumer with respect to such consumer product, or
(2)at the time of sale, or within 90 days thereafter, such supplier enters into a service contract with the consumer which applies to such consumer product.
(b)For purposes of this title (other than section 104(a)(2)), implied warranties may be limited in duration to the duration of a written warranty of reasonable duration, if such limitation is conscionable and is set forth in clear and unmistakable language and prominently displayed on the face of the warranty.
(c)A disclaimer, modification, or limitation made in violation of this section shall be ineffective for purposes of this title and State law. commission rules Sec. 109.
(a)Any rule prescribed [15 USC 2309.](/us/usc/t15/s2309) under this title shall be prescribed in accordance with section 553 of title 5, United States Code; except that the Commission shall give interested persons an opportunity for oral presentations of data, views, and arguments, in addition to written submissions. A transcript shall be kept of any oral presentation. Any such rule shall be subject to judicial review under section 18(e) of the Federal Trade Commission Act (as amended by section 202 of this Act) in the same manner as rules prescribed under section 18(a)(1)(B) of such Act, except that section 18(e)(3)(B) of such Act shall not apply.*Ante,* p. 2193.
(b)The Commission shall initiate within one year after the date Used motor vehicles. of enactment of this Act a rulemaking proceeding dealing with warranties and warranty practices in connection with the sale of used motor vehicles; and, to the extent necessary to supplement the protections offered the consumer by this title, shall prescribe rules dealing with such warranties and practices. In prescribing rules under this subsection, the Commission may exercise any authority it may have under this title, or other law, and in addition it may require disclosure that a used motor vehicle is sold without any warranty and specify the form and content of such disclosure. remedies Sec. 110. (a)(1) Congress hereby declares it to be its policy to Informal dispute settlements. [15 USC 2310.](/us/usc/t15/s2310) encourage warrantors to establish procedures whereby consumer disputes are fairly and expeditiously settled through informal dispute settlement mechanisms. 88 Stat. 2190
(2)The Commission shall prescribe rules setting forth minimum Rules. requirements for any informal dispute settlement procedure which is incorporated into the terms of a written warranty to which any provision of this title applies. Such rules shall provide for participation in such procedure by independent or governmental entities.
(3)One or more warrantors may establish an informal dispute settlement procedure which meets the requirements of the Commission’s rules under paragraph (2). If—
(A)a warrantor establishes such a procedure,
(B)such procedure, and its implementation, meets the requirements of such rules, and
(C)he incorporates in a written warranty a requirement that the consumer resort to such procedure before pursuing any legal remedy under this section respecting such warranty, then
(i)the consumer may not commence a civil action (other than a class action) under subsection
(d)of this section unless he initially resorts to such procedure; and
(ii)a class of consumers may not proceed in a class action under subsection
(d)except to the extent the court determines necessary to establish the representative capacity of the named plaintiffs, unless the named plaintiffs (upon notifying the defendant that they are named plaintiffs in a class action with respect to a warranty obligation) initially resort to such procedure. In the case of such a class action which is brought in a district court of the United States, the representative capacity of the named plaintiffs shall be established in the application of rule 23 of the Federal Rules of Civil Procedure. In any civil action arising out of a warranty obligation [28 USC app.](/us/usc/t28/app) and relating to a matter considered in such a procedure, any decision in such procedure shall be admissible in evidence.
(4)The Commission on its own initiative may, or upon written Review of dispute settlement procedures. complaint filed by any interested person shall, review the bona fide operation of any dispute settlement procedure resort to which is stated in a written warranty to be a prerequisite to pursuing a legal remedy under this section. If the Commission finds that such procedure or its implementation fails to comply with the requirements of the rules under paragraph (2), the Commission may take appropriate remedial action under any authority it may have under this title or any other provision of law.
(5)Until rules under paragraph
(2)take effect, this subsection shall not affect the validity of any informal dispute settlement procedure respecting consumer warranties, but in any action under subsection (d), the court may invalidate any such procedure if it finds that such procedure is unfair.
(b)It shall be a violation of section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 45(a)(1)) for any person to fail to comply with any requirement imposed on such person by this title (or a rule thereunder) or to violate any prohibition contained in this title (or a rule thereunder). (c)(1) The district courts of the United States shall have jurisdiction Judicial enforcement. of any action brought by the Attorney General (in his capacity as such), or by the Commission by any of its attorneys designated by it for such purpose, to restrain
(A)any warrantor from making a deceptive warranty with respect to a consumer product, or
(B)any person from failing to comply with any requirement imposed on such person by or pursuant to this title or from violating any prohibition contained in this title. Upon proper showing that, weighing the equities and considering the Commission’s or Attorney General’s likelihood of ultimate success, such action would be in the public interest and after notice to the defendant, a temporary restraining order or preliminary injunction may be granted without bond. In the case of an 88 Stat. 2191 action brought by the Commission, if a complaint under section 5 of the Federal Trade Commission Act is not filed within such period [15 USC 45.](/us/usc/t15/s45) (not exceeding 10 days) as may be specified by the court after the issuance of the temporary restraining order or preliminary injunction, the order or injunction shall be dissolved by the court and be of no further force and effect. Any suit shall be brought in the district in which such person resides or transacts business. Whenever it appears to the court that the ends of justice require that other persons should be parties in the action, the court may cause them to be summoned whether or not they reside in the district in which the court is held, and to that end process may be served in any district.
(2)For the purposes of this subsection, the term “deceptive warranty” “Deceptive warranty.” means
(A)a written warranty which
(i)contains an affirmation, promise, description, or representation which is either false or fraudulent, or which, in light of all of the circumstances, would mislead a reasonable individual exercising due care; or
(ii)fails to contain information which is necessary in light of all of the circumstances, to make the warranty not misleading to a reasonable individual exercising due care; or
(B)a written warranty created by the use of such terms as “guaranty” or “warranty”, if the terms and conditions of such warranty so limit its scope and application as to deceive a reasonable individual. (d)(1) Subject to subsections (a)(3) and (e), a consumer who is Civil suit. damaged by the failure of a supplier, warrantor, or service contractor to comply with any obligation under this title, or under a written warranty, implied warranty, or service contract, may bring suit for damages and other legal and equitable relief—
(A)in any court of competent jurisdiction in any State or the District of Columbia; or
(B)in an appropriate district court of the United States, subject to paragraph
(3)of this subsection.
(2)If a consumer finally prevails in any action brought under paragraph
(1)of this subsection, he may be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of cost and expenses (including attorneys’ fees based on actual time expended) determined by the court to have been reasonably incurred by the plaintiff for or in connection with the commencement and prosecution of such action, unless the court in its discretion shall determine that such an award of attorneys’ fees would be inappropriate.
(3)No claim shall be cognizable in a suit brought under paragraph (1)(B) of this subsection—
(A)if the amount in controversy of any individual claim is less than the sum or value of $25;
(B)if the amount in controversy is less than the sum or value of $50,000 (exclusive of interests and costs) computed on the basis of all claims to be determined in this suit; or
(C)if the action is brought as a class action, and the number of named plaintiffs is less than one hundred.
(e)No action (other than a class action or an action respecting a warranty to which subsection (a)(3) applies) may be brought under subsection
(d)for failure to comply with any obligation under any written or implied warranty or service contract, and a class of consumers may not proceed in a class action under such subsection with respect to such a failure except to the extent the court determines necessary to establish the representative capacity of the named plaintiffs, unless the person obligated under the warranty or service contract is afforded a reasonable opportunity to cure such failure to comply. In the case of such a class action (other than a class action respecting a warranty to which subsection (a)(3) applies) brought 88 Stat. 2192 under subsection
(d)for breach of any written or implied warranty or service contract, such reasonable opportunity will be afforded by the named plaintiffs and they shall at that time notify the defendant that they are acting on behalf of the class. In the case of such a class action which is brought in a district court of the United States, the representative capacity of the named plaintiffs shall be established in the application of rule 23 of the Federal Rules of Civil Procedure.[28 USC app.](/us/usc/t28/app)
(f)For purposes of this section, only the warrantor actually making a written affirmation of fact, promise, or undertaking shall be deemed to have created a written warranty, and any rights arising thereunder may be enforced under this section only against such warrantor and no other person. effect on other laws Sec. 111. (a)(1) Nothing contained in this title shall be construed [15 USC 2311.](/us/usc/t15/s2311) to repeal, invalidate, or supersede the Federal Trade Commission Act (15 U.S.C. 41 et seq.) or any statute defined therein as an Antitrust Act.
(2)Nothing in this title shall be construed to repeal, invalidate, or supersede the Federal Seed Act (7 U.S.C. 1551–1611) and nothing in this title shall apply to seed for planting. (b)(1) Nothing in this title shall invalidate or restrict any right or remedy of any consumer under State law or any other Federal law.
(2)Nothing in this title (other than sections 108 and 104(a)
(2)and (4)) shall
(A)affect the liability of, or impose liability on, any person for personal injury, or
(B)supersede any provision of State law regarding consequential damages for injury to the person or other injury. (c)(1) Except as provided in subsection
(b)and in paragraph
(2)of this subsection, a State requirement—
(A)which relates to labeling or disclosure with respect to written warranties or performance thereunder;
(B)which is within the scope of an applicable requirement of sections 102, 103, and 104 (and rules implementing such sections), and
(C)which is not identical to a requirement of section 102, 103, or 104 (or a rule thereunder), shall not be applicable to written warranties complying with such sections (or rules thereunder).
(2)If, upon application of an appropriate State agency, the Commission determines (pursuant to rules issued in accordance with section 109) that any requirement of such State covering any transaction to which this title applies
(A)affords protection to consumers greater than the requirements of this title and
(B)does not unduly burden interstate commerce, then such State requirement shall be applicable (notwithstanding the provisions of paragraph
(1)of this subsection) to the extent specified in such determination for so long as the State administers and enforces effectively any such greater requirement.
(d)This title (other than section 102(c)) shall be inapplicable to any written warranty the making or content of which is otherwise governed by Federal law. If only a portion of a written warranty is so governed by Federal law, the remaining portion shall be subject to this title. effective date Sec. 112.
(a)Except as provided in subsection
(b)of this section, [15 USC 2312.](/us/usc/t15/s2312) this title shall take effect 6 months after the date of its enactment but shall not apply to consumer products manufactured prior to such date. 88 Stat. 2193
(b)Section 102(a) shall take effect 6 months after the final publication of rules respecting such section; except that the Commission, for good cause shown, may postpone the applicability of such sections until one year after such final publication in order to permit any designated classes of suppliers to bring their written warranties into compliance with rules promulgated pursuant to this title.
(c)The Commission shall promulgate rules for initial implementation Rules. of this title as soon as possible after the date of enactment of this Act but in no event later than one year after such date. TITLE II—FEDERAL TRADE COMMISSION IMPROVEMENTS jurisdiction of commission Sec. 201.
(a)Section 5 of the Federal Trade Commission Act (15 U.S.C. 45) is amended by striking out “in commerce” wherever it appears and inserting in lieu thereof “in or affecting commerce”.
(b)Subsections
(a)and
(b)of section 6 of the Federal Trade Commission Act (15 U.S.C. 46(a), (b)) are each amended by striking out “in commerce” and inserting in lieu thereof “in or whose business affects commerce”.
(c)Section 12 of the Federal Trade Commission Act (15 U.S.C. 52) is amended by striking out “in commerce” wherever it appears and inserting in lieu thereof in subsection
(a)“in or having an effect upon commerce,” and in lieu thereof in subsection
(b)“in or affecting commerce”. rulemaking Sec. 202.
(a)The Federal Trade Commission Act (15 U.S.C. 41 et seq.) is amended by redesignating section 18 as section 21, and [15 USC 58.](/us/usc/t15/s58) inserting after section 17 the following new section:" “Sec. 18. (a)(1) The Commission may prescribe—[15 USC 57a.](/us/usc/t15/s57a) “(A) interpretive rules and general statements of policy with respect to unfair or deceptive acts or practices in or affecting commerce (within the meaning of section 5(a)(1) of this Act), and “(B) rules which define with specificity acts or practices which are unfair or deceptive acts or practices in or affecting commerce (within the meaning of such section 5(a)(1)). Rules under this subparagraph may include requirements prescribed for the purpose of preventing such acts or practices. “(2) The Commission shall have no authority under this Act, other than its authority under this section, to prescribe any rule with respect to unfair or deceptive acts or practices in or affecting commerce (within the meaning of section 5(a)(1)). The preceding sentence shall not affect any authority of the Commission to prescribe rules (including interpretive rules), and general statements of policy, with respect to unfair methods of competition in or affecting commerce. “(b) When prescribing a rule under subsection (a)(1)(B) of this section, the Commission shall proceed in accordance with section 553 of title 5, United States Code (without regard to any reference in such section to sections 556 and 557 of such title), and shall also
(1)publish a notice of proposed rule stating with particularity the reason for the proposed rule;
(2)allow interested persons to submit written data, views, and arguments, and make all such submissions publicly available;
(3)provide an opportunity for an informal hearing in accordance with subsection (c); and
(4)promul-88 Stat. 2194gate, if appropriate, a final rule based on the matter in the rulemaking record (as defined in subsection (e)(1)(B)), together with a statement of basis and purpose. “(c) The Commission shall conduct any informal hearings required Hearing procedure. by subsection (b)(3) of this section in accordance with the following procedure: “(1) Subject to paragraph
(2)of this subsection, an interested person is entitled— “(A) to present his position orally or by documentary submissions (or both), and “(B) if the Commission determines that there are disputed issues of material fact it is necessary to resolve, to present such rebuttal submissions and to conduct (or have conducted under paragraph (2)(B)) such cross-examination of persons as the Commission determines
(i)to be appropriate, and
(ii)to be required for a full and true disclosure with respect to such issues. “(2) The Commission may prescribe such rules and make such Rules. rulings concerning proceedings in such hearings as may tend to avoid unnecessary costs or delay. Such rules or rulings may include
(A)imposition of reasonable time limits on each interested person’s oral presentations, and
(B)requirements that any cross-examination to which a person may be entitled under paragraph
(1)be conducted by the Commission on behalf of that person in such manner as the Commission determines
(i)to be appropriate, and
(ii)to be required for a full and true disclosure with respect to disputed issues of material fact. “(3)(A) Except as provided in subparagraph (B), if a group of persons each of whom under paragraphs
(1)and
(2)would be entitled to conduct (or have conducted) cross-examination and who are determined by the Commission to have the same or similar interests in the proceeding cannot agree upon a single representative of such interests for purposes of cross-examination, the Commission may make rules and rulings
(i)limiting the representation of such interest, for such purposes, and
(ii)governing the manner in which such cross-examination shall be limited. “(B) When any person who is a member of a group with respect to which the Commission has made a determination under subparagraph
(A)is unable to agree upon group representation with the other members of the group, then such person shall not be denied under the authority of subparagraph
(A)the opportunity to conduct (or have conducted) cross-examination as to issues affecting his particular interests if
(i)he satisfies the Commission that he has made a reasonable and good faith effort to reach agreement upon group representation with the other members of the group and
(ii)the Commission determines that there are substantial and relevant issues which are not adequately presented by the group representative. “(4) A verbatim transcript shall be taken of any oral presentation, and cross-examination, in an informal hearing to which this subsection applies. Such transcript shall be available to the public. “(d)(1) The Commission’s statement of basis and purpose to accompany Statement of basis and purpose, requirements. a rule promulgated under subsection (a)(1)(B) shall include
(A)a statement as to the prevalence of the acts or practices treated by the rule;
(B)a statement as to the manner and context in which such acts or practices are unfair or deceptive; and
(C)a statement as to the economic effect of the rule, taking into account the effect on small business and consumers. 88 Stat. 2195 “(2)
(A)The term ‘Commission’ as used in this subsection and “Commission.” subsections
(b)and
(c)includes any person authorized to act in behalf of the Commission in any part of the rulemaking proceeding. “(B) A substantive amendment to, or repeal of, a rule promulgated under subsection (a)(1)(B) shall be prescribed, and subject to judicial review, in the same manner as a rule prescribed under such subsection. An exemption under subsection
(g)shall not be treated as an amendment or repeal of a rule. “(3) When any rule under subsection (a)(1)(B) takes effect a subsequent violation thereof shall constitute an unfair or deceptive act or practice in violation of section 5(a)(1) of this Act, unless the Commission otherwise expressly provides in such rule. “(e)(1)(A) Not later than 60 days after a rule is promulgated Judicial review. under subsection (a)(1)(B) by the Commission, any interested person (including a consumer or consumer organization) may file a petition, in the United States Court of Appeals for the District of Columbia circuit or for the circuit in which such person resides or has his principal place of business, for judicial review of such rule. Copies of the petition shall be forthwith transmitted by the clerk of the court to the Commission or other officer designated by it for that purpose. The provisions of section 2112 of title 28, United States Code, shall apply to the filing of the rulemaking record of proceedings on which the Commission based its rule and to the transfer of proceedings in the courts of appeals. “(B) For purposes of this section, the term ‘rulemaking record’ “Rulemaking record.” means the rule, its statement of basis and purpose, the transcript required by subsection (c)(4), any written submissions, and any other information which the Commission considers relevant to such rule. “(2) If the petitioner or the Commission applies to the court for leave to make additional oral submissions or written presentations and shows to the satisfaction of the court that such submissions and presentations would be material and that there were reasonable grounds for the submissions and failure to make such submissions and presentations in the proceeding before the Commission, the court may order the Commission to provide additional opportunity to make such submissions and presentations. The Commission may modify or set aside its rule or make a new rule by reason of the additional submissions and presentations and shall file such modified or new rule, and the rule’s statement of basis of purpose, with the return of such submissions and presentations. The court shall thereafter review such new or modified rule. “(3) Upon the filing of the petition under paragraph
(1)of this subsection, the court shall have jurisdiction to review the rule in accordance with chapter 7 of title 5, United States Code, and to grant [5 USC 701.](/us/usc/t5/s701) appropriate relief, including interim relief, as provided in such chapter. The court shall hold unlawful and set aside the rule on any ground specified in subparagraphs (A), (B), (C), or
(D)of section 706(2) of title 5, United States Code (taking due account of the rule of prejudicial error), or if— “(A) the court finds that the Commission’s action is not supported by substantial evidence in the rulemaking record (as defined in paragraph (1)(B) of this subsection) taken as a whole, or “(B) the court finds that— “(i) a Commission determination under subsection
(c)that the petitioner is not entitled to conduct cross-examination or make rebuttal submissions, or 88 Stat. 2196 “(ii) a Commission rule or ruling under subsection
(c)limiting the petitioner’s cross-examination or rebuttal submissions, has precluded disclosure of disputed material facts which was necessary for fair determination by the Commission of the rule-making proceeding taken as a whole. The term ‘evidence’, as used in this paragraph, means any matter in “Evidence.” the rulemaking record. “(4) The judgment of the court affirming or setting aside, in whole or in part, any such rule shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification, as provided in section 1254 of title 28, United States Code. “(5)(A) Remedies under the preceding paragraphs of this subsection are in addition to and not in lieu of any other remedies provided by law. “(B) The United States Courts of Appeal shall have exclusive jurisdiction of any action to obtain judicial review (other than in an enforcement proceeding) of a rule prescribed under subsection (a)(1)(B), if any district court of the United States would have had jurisdiction of such action but for this subparagraph. Any such action shall be brought in the United States Court of Appeals for the District of Columbia circuit, or for any circuit which includes a judicial district in which the action could have been brought but for this subparagraph. “(C) A determination, rule, or ruling of the Commission described in paragraph (3)(B)(i) or
(ii)may be reviewed only in a proceeding under this subsection and only in accordance with paragraph (3)(B). Section 706(2)(E) of title 5, United States Code, shall not apply to any rule promulgated under subsection (a)(1)(B). The contents and adequacy of any statement required by subsection (b)(4) shall not be subject to judicial review in any respect. “(f)(1) In order to prevent unfair or deceptive acts or practices Banks. in or affecting commerce (including acts or practices which are unfair or deceptive to consumers) by banks, each agency specified in paragraph
(2)of this subsection shall establish a separate division of consumer affairs which shall receive and take appropriate action upon complaints with respect to such acts or practices by banks subject to its jurisdiction. The Board of Governors of the Federal Reserve Regulations. System shall prescribe regulations to carry out the purposes of this section, including regulations defining with specificity such unfair or deceptive acts or practices, and containing requirements prescribed for the purpose of preventing such acts or practices. Whenever the Commission prescribes a rule under subsection (a)(1)(B) of this section, then within 60 days after such rule takes effect such Board shall promulgate substantially similar regulations prohibiting acts or practices of banks which are substantially similar to those prohibited by rules of the Commission and which impose substantially similar requirements, unless such Board finds that
(A)such acts or practices of banks are not unfair or deceptive, or
(B)that implementation of similar regulations with respect to banks would seriously conflict with essential monetary and payments systems policies of the Board, and publishes any such finding, and the reasons therefor, in the Federal Register.Publication in Federal Register. “(2) Compliance with regulations prescribed under this subsection shall be enforced under section 8 of the Federal Deposit Insurance Act, in the case of—[12 USC 1818.](/us/usc/t12/s1818) “(A) national banks and banks operating under the code of law for the District of Columbia, by the division of consumer affairs established by the Comptroller of the Currency; 88 Stat. 2197 “(B) member banks of the Federal Reserve System (other than banks referred to in subparagraph (A)) by the division of consumer affairs established by the Board of Governors of the Federal Reserve System; and “(C) banks insured by the Federal Deposit Insurance Corporation (other than banks referred to in subparagraph
(A)or (B)), by the division of consumer affairs established by the Board of Directors of the Federal Deposit Insurance Corporation. “(3) For the purpose of the exercise by any agency referred to in paragraph
(2)of its powers under any Act referred to in that paragraph, a violation of any regulation prescribed under this subsection shall be deemed to be a violation of a requirement imposed under that Act. In addition to its powers under any provision of law specifically referred to in paragraph (2), each of the agencies referred to in that paragraph may exercise, for the purpose of enforcing compliance with any regulation prescribed under this subsection, any other authority conferred on it by law. “(4) The authority of the Board of Governors of the Federal Reserve System to issue regulations under this subsection does not impair the authority of any other agency designated in this subsection to make rules respecting its own procedures in enforcing compliance with regulations prescribed under this subsection. “(5) Each agency exercising authority under this subsection shall Report to Congress. transmit to the Congress not later than March 15 of each year a detailed report on its activities under this paragraph during the preceding calendar year. “(g)(1) Any person to whom a rule under subsection (a)(1)(B) Exemptions. of this section applies may petition the Commission for an exemption from such rule. “(2) If, on its own motion or on the basis of a petition under paragraph (1), the Commission finds that the application of a rule prescribed under subsection (a)(1)(B) to any person or class or persons is not necessary to prevent the unfair or deceptive act or practice to which the rule relates, the Commission may exempt such person or class from all or part of such rule. Section 553 of title 5, United States Code, shall apply to action under this paragraph. “(3) Neither the pendency of a proceeding under this subsection respecting an exemption from a rule, nor the pendency of judicial proceedings to review the Commission’s action or failure to act under this subsection, shall stay the applicability of such rule under subsection (a)(1)(B). “(h)(1) The Commission may, pursuant to rules prescribed by it, Compensation. provide compensation for reasonable attorneys fees, expert witness fees, and other costs of participating in a rulemaking proceeding under this section to any person
(A)who has, or represents, an interest
(i)which would not otherwise be adequately represented in such proceeding, and
(ii)representation of which is necessary for a fair determination of the rulemaking proceeding taken as a whole, and
(B)who is unable effectively to participate in such proceeding because such person cannot afford to pay costs of making oral presentations, conducting cross-examination, and making rebuttal submissions in such proceeding. “(2) The aggregate amount of compensation paid under this subsection in any fiscal year to all persons who, in rulemaking proceedings in which they receive compensation, are persons who either
(A)would be regulated by the proposed rule, or
(B)represent persons who would 88 Stat. 2198 be so regulated, may not exceed 25 percent of the aggregate amount paid as compensation under this subsection to all persons in such fiscal year. “(3) The aggregate amount of compensation paid to all persons in any fiscal year under this subsection may not exceed $1,000,000.”"
(b)Section 6(g) of the Federal Trade Commission Act (15 U.S.C. 46(g)) is amended by inserting “(except as provided in section 18 (a)(2) of this Act)” before “to make rules and regulations”. (c)(1) The amendments made by subsections
(a)and
(b)of this [15 USC 57a](/us/usc/t15/s57a) note. section shall not affect the validity of any rule which was promulgated under section 6(g) of the Federal Trade Commission Act prior to the date of enactment of this section. Any proposed rule under section 6(g) of such Act with respect to which presentation of data, views, and arguments was substantially completed before such date may be promulgated in the same manner and with the same validity as such rule could have been promulgated had this section not been enacted.
(2)If a rule described in paragraph
(1)of this subsection is valid and if section 18 of the Federal Trade Commission Act would have *Ante,* p. 2193. applied to such rule had such rule been promulgated after the date of enactment of this Act, any substantive change in the rule after it has been promulgated shall be made in accordance with such section 18.
(d)The Federal Trade Commission and the Administrative Conference [15 USC 57a](/us/usc/t15/s57a) note. Study and evaluation. Report to Congress. of the United States shall each conduct a study and evaluation of the rulemaking procedures under section 18 of the Federal Trade Commission Act and each shall submit a report of its study (including any legislative recommendations) to the Congress not later than 18 months after the date of enactment of this Act. investigative authority Sec. 203. (a)(1) Section 6(a) of the Federal Trade Commission Act (15 U.S.C. 46(a)) is amended by striking out “corporation” and inserting “person, partnership, or corporation”; and by striking out “corporations and to individuals, associations, and partnerships”, and inserting in lieu thereof “persons, partnerships, and corporations”.
(2)Section 6(b) of such Act is amended by striking out “corporations” where it first appears and inserting in lieu thereof “persons, partnerships, and corporations”; and by striking out “respective corporations” and inserting in lieu thereof “respective persons, partnerships, and corporations”.
(3)The proviso at the end of section 6 of such Act is amended by striking out “any such corporation to the extent that such action is necessary to the investigation of any corporation, group of corporations,” and inserting in lieu thereof “any person, partnership, or corporation to the extent that such action is necessary to the investigation of any person, partnership, or corporation, group of persons, partnerships, or corporations,”. (b)(1) The first paragraph of section 9 of such Act (15 U.S.C. 49) is amended by striking out “corporation” where it first appears and inserting in lieu thereof “person, partnership, or corporation”.
(2)The third paragraph of section 9 of such Act is amended by striking out “corporation or other person” both places where it appears and inserting in each such place “person, partnership, or corporation”.
(3)The fourth paragraph of section 9 of such Act is amended by striking out “person or corporation” and inserting in lieu thereof “person, partnership, or corporation”. 88 Stat. 2199 (c)(1) The second paragraph of section 10 (15 U.S.C. 50) of such Act is amended by striking out “corporation” each place where it appears and inserting in lieu thereof in each such place “person, partnership, or corporation”.
(2)The third paragraph of section 10 of such Act is amended by striking out “corporation” where it first appears and inserting in lieu thereof “persons, partnership, or corporation”; and by striking out “in the district where the corporation has its principal office or in any district in which it shall do business” and inserting in lieu thereof “in the case of a corporation or partnership in the district where the corporation or partnership has its principal office or in any district in which it shall do business, and in the case of any person in the district where such person resides or has his principal place of business”. representation Sec. 204.
(a)Section 16 of the Federal Trade Commission Act is [15 USC 56.](/us/usc/t15/s56) amended to read as follows:" “Sec. 16. (a)(1) Except as otherwise provided in paragraph
(2)or (3), if— “(A) before commencing, defending, or intervening in, any civil action involving this Act (including an action to collect a civil penalty) which the Commission, or the Attorney General on behalf of the Commission, is authorized to commence, defend, or intervene in, the Commission gives written notification and undertakes to consult with the Attorney General with respect to such action; and “(B) the Attorney General fails within 45 days after receipt of such notification to commence, defend, or intervene in, such action; the Commission may commence, defend, or intervene in, and supervise the litigation of, such action and any appeal of such action in its own name by any of its attorneys designated by it for such purpose. “(2) Except as otherwise provided in paragraph (3), in any civil action— “(A) under section 13 of this Act (relating to injunctive [15 USC 53.](/us/usc/t15/s53) relief); “(B) under section 19 of this Act (relating to consumer *Post,* p. 2201. redress); “(C) to obtain judicial review of a rule prescribed by the Commission, or a cease and desist order issued under section 5 of this Act; or[15 USC 45.](/us/usc/t15/s45) “(D) under the second paragraph of section 9 of this Act [15 USC 49.](/us/usc/t15/s49) (relating to enforcement of a subpena) and under the fourth paragraph of such section (relating to compliance with section 6 of this Act); the Commission shall have exclusive authority to commence or defend, and supervise the litigation of, such action and any appeal of such action in its own name by any of its attorneys designated by it for such purpose, unless the Commission authorizes the Attorney General to do so. The Commission shall inform the Attorney General of the exercise of such authority and such exercise shall not preclude the Attorney General from intervening on behalf of the United States in such action and any appeal of such action as may be otherwise provided by law. “(3)(A) If the Commission makes a written request to the Attorney General, within the 10-day period which begins on the date of the entry of the judgment in any civil action in which the Commission 88 Stat. 2200 represented itself pursuant to paragraph
(1)or (2), to represent itself through any of its attorneys designated by it for such purpose before the Supreme Court in such action, it may do so, if— “(i) the Attorney General concurs with such request; or “(ii) the Attorney General, within the 60-day period which begins on the date of the entry of such judgment— “(a) refuses to appeal or file a petition for writ of certiorari with respect to such civil action, in which case he shall give written notification to the Commission of the reasons for such refusal within such 60-day period; or “(b) the Attorney General fails to take any action with respect to the Commission’s request. “(B) In any case where the Attorney General represents the Commission before the Supreme Court in any civil action in which the Commission represented itself pursuant to paragraph
(1)or (2), the Attorney General may not agree to any settlement, compromise, or dismissal of such action, or confess error in the Supreme Court with respect to such action, unless the Commission concurs. “(C) For purposes of this paragraph (with respect to representation “Attorney General.” before the Supreme Court), the term ‘Attorney General’ includes the Solicitor General. “(4) If, prior to the expiration of the 45-day period specified in paragraph
(1)of this section or a 60-day period specified in paragraph (3), any right of the Commission to commence, defend, or intervene in, any such action or appeal may be extinguished due to any procedural requirement of any court with respect to the time in which any pleadings, notice of appeal, or other acts pertaining to such action or appeal may be taken, the Attorney General shall have one-half of the time required to comply with any such procedural requirement of the court (including any extension of such time granted by the court) for the purpose of commencing, defending, or intervening in the civil action pursuant to paragraph
(1)or for the purpose of refusing to appeal or file a petition for writ of certiorari and the written notification or failing to take any action pursuant to paragraph 3(A)(ii). “(5) The provisions of this subsection shall apply notwithstanding chapter 31 of title 28, United States Code, or any other provision of [28 USC 501.](/us/usc/t28/s501) law. “(b) Whenever the Commission has reason to believe that any person, partnership, or corporation is liable for a criminal penalty under this Act, the Commission shall certify the facts to the Attorney General, whose duty it shall be to cause appropriate criminal proceedings to be brought.”"
(b)Section 5(m) of such Act is repealed.[15 USC 45.](/us/usc/t15/s45)
(c)The amendment and repeal made by this section shall not apply [15 USC 56](/us/usc/t15/s56) note. to any civil action commenced before the date of enactment of this Act. civil penalties for knowing violations Sec. 205.
(a)Section 5 of the Federal Trade Commission Act (15 U.S.C. 45(a)) is amended by inserting after subsection
(1)the following new subsection:" “(m)(1)(A) The Commission may commence a civil action to recover a civil penalty in a district court of the United States against any person, partnership, or corporation which violates any rule under this Act respecting unfair or deceptive acts or practices (other than an interpretive rule or a rule violation of which the Commission has provided is not an unfair or deceptive act or practice in violation of 88 Stat. 2201 subsection (a)(1)) with actual knowledge or knowledge fairly implied on the basis of objective circumstances that such act is unfair or deceptive and is prohibited by such rule. In such action, such person, partnership, or corporation shall be liable for a civil penalty of not more than $10,000 for each violation. “(B) If the Commission determines in a proceeding under subsection
(b)that any act or practice is unfair or deceptive, and issues a final cease and desist order with respect to such act or practice, then the Commission may commence a civil action to obtain a civil penalty in a district court of the United States against any person, partnership, or corporation which engages in such act or practice— “(1) after such cease and desist order becomes final (whether or not such person, partnership, or corporation was subject to such cease and desist order), and “(2) with actual knowledge that such act or practice is unfair or deceptive and is unlawful under subsection (a)(1) of this section. In such action, such person, partnership, or corporation shall be liable for a civil penalty of not more than $10,000 for each violation. “(C) In the case of a violation through continuing failure to comply with a rule or with section 5(a)(1), each day of continuance of such failure shall be treated as a separate violation, for purposes of subparagraphs
(A)and (B). In determining the amount of such a civil penalty, the court shall take into account the degree of culpability, any history of prior such conduct, ability to pay, effect on ability to continue to do business, and such other matters as justice may require. “(2) If the cease and desist order establishing that the act or practice is unfair or deceptive was not issued against the defendant in a civil penalty action under paragraph (1)(B) the issues of fact in such action against such defendant shall be tried de novo. “(3) The Commission may compromise or settle any action for a civil penalty if such compromise or settlement is accompanied by a public statement of its reasons and is approved by the court.”"
(b)The amendment made by subsection
(a)of this section shall [15 USC 45](/us/usc/t15/s45) note. not apply to any violation, act, or practice to the extent that such violation, act, or practice occurred before the date of enactment of this Act. consumer redress Sec. 206.
(a)The Federal Trade Commission Act (15 U.S.C. 45(a)) is amended by inserting after section 18 the following new section:" “Sec. 19. (a)(1) If any person, partnership, or corporation violates [15 USC 57b.](/us/usc/t15/s57b) any rule under this Act respecting unfair or deceptive acts or practices (other than an interpretive rule, or a rule violation of which the Commission has provided is not an unfair or deceptive act or practice in violation of section 5(a)), then the Commission may commence a civil action against such person, partnership, or corporation for relief under subsection
(b)in a United States district court or in any court of competent jurisdiction of a State. “(2) If any person, partnership, or corporation engages in any unfair or deceptive act or practice (within the meaning of section 5(a)(1)) with respect to which the Commission has issued a final cease and desist order which is applicable to such person, partnership, or corporation, then the Commission may commence a civil action against such person, partnership, or corporation in a United States district court or in any court of competent jurisdiction of a State. If the Commission satisfies the court that the act or practice to which the cease and desist order relates is one which a reasonable man would 88 Stat. 2202 have known under the circumstances was dishonest or fraudulent, the court may grant relief under subsection (b). “(b) The court in an action under subsection
(a)shall have jurisdiction to grant such relief as the court finds necessary to redress injury to consumers or other persons, partnerships, and corporations resulting from the rule violation or the unfair or deceptive act or practice, as the case may be. Such relief may include, but shall not be limited to, rescission or reformation of contracts, the refund of money or return of property, the payment of damages, and public notification respecting the rule violation or the unfair or deceptive act or practice, as the case may be; except that nothing in this subsection is intended to authorize the imposition of any exemplary or punitive damages. “(c)(1) If
(A)a cease and desist order issued under section 5(b) has become final under section 5(g) with respect to any person’s, partnership’s, or corporation’s rule violation or unfair or deceptive act or practice, and
(B)an action under this section is brought with respect to such person’s partnership’s, or corporation’s rule violation or act or practice, then the findings of the Commission as to the material facts in the proceeding under section 5(b) with respect to such person’s, partnership’s, or corporation’s rule violation or act or practice, shall be conclusive unless
(i)the terms of such cease and desist order expressly provide that the Commission’s findings shall not be conclusive, or
(ii)the order became final by reason of section 5(g)(1), in which case such finding shall be conclusive if supported by evidence. “(2) The court shall cause notice of an action under this section to Notice. be given in a manner which is reasonably calculated, under all of the circumstances, to apprise the persons, partnerships, and corporations allegedly injured by the defendant’s rule violation or act or practice of the pendency of such action. Such notice may, in the discretion of the court, be given by publication. “(d) No action may be brought by the Commission under this section Statute of limitations. more than 3 years after the rule violation to which an action under subsection (a)(1) relates, or the unfair or deceptive act or practice to which an action under subsection (a)(2) relates; except that if a cease and desist order with respect to any person’s, partnership’s, or corporation’s rule violation or unfair or deceptive act or practice has become final and such order was issued in a proceeding under section 5(b) which was commenced not later than 3 years after the rule violation or act or practice occurred, a civil action may be commenced under this section against such person, partnership, or corporation at any time before the expiration of one year after such order becomes final. “(e) Remedies provided in this section are in addition to, and not in lieu of, any other remedy or right of action provided by State or Federal law. Nothing in this section shall be construed to affect any authority of the Commission under any other provision of law.”"
(b)The amendment made by subsection
(a)of this section shall [15 USC 57b](/us/usc/t15/s57b) note. not apply to—
(1)any violation of a rule to the extent that such violation occurred before the date of enactment of this Act, or
(2)any act or practice with respect to which the Commission issues a cease-and-desist order, to the extent that such act or practice occurred before the date of enactment of this Act, unless such order was issued after such date and the person, partnership or corporation against whom such an order was issued had been notified in the complaint, or in the notice or order attached thereto, that consumer redress may be sought. 88 Stat. 2203 authorization of appropriations Sec. 207. The Federal Trade Commission Act (15 U.S.C. 41 et seq.) is amended by inserting after section 19 the following new section:*Ante,* p. 2201." “Sec. 20. There are authorized to be appropriated to carry out the [15 USC 57c.](/us/usc/t15/s57c) functions, powers, and duties of the Federal Trade Commission not to exceed $42,000,000 for the fiscal year ending June 30, 1975; not to exceed $46,000,000 for the fiscal year ending June 30, 1976; and not to exceed $50,000,000 for the fiscal year ending in 1977. For fiscal years ending after 1977, there may be appropriated to carry out such functions, powers, and duties, only such sums as the Congress may hereafter authorize by law.”" Approved January 4, 1975. Public Law 93–638: To provide maximum Indian participation in the Government and education of the Indian people; to provide for the full participation of Indian tribes in programs and services conducted by the Federal Government for Indians and to encourage the development of human resources of the Indian people; to establish a program of assistance to upgrade Indian education; to support the right of Indian citizens to control their own educational activities; and for other purposes. Public Law 638 Public Law 93–638 1975-01-04 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–638 AN ACT To provide maximum Indian participation in the Government and education of the Indian people; to provide for the full participation of Indian tribes in programs and services conducted by the Federal Government for Indians and to encourage the development of human resources of the Indian people; to establish a program of assistance to upgrade Indian education; to support the right of Indian citizens to control their own educational activities; and for other purposes.January 4, 1975 [[S. 1017](/us/bill/93/s/1017)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That this Act may Indian Self-Determination and Education Assistance Act. [25 USC 450](/us/usc/t25/s450) note. be cited as the “Indian Self-Determination and Education Assistance Act”. congressional findings Sec. 2.
(a)The Congress, after careful review of the Federal [25 USC 450.](/us/usc/t25/s450) Government’s historical and special legal relationship with, and resulting responsibilities to, American Indian people, finds that—
(1)the prolonged Federal domination of Indian service programs has served to retard rather than enhance the progress of Indian people and their communities by depriving Indians of the full opportunity to develop leadership skills crucial to the realization of self-government, and has denied to the Indian people an effective voice in the planning and implementation of programs for the benefit of Indians which are responsive to the true needs of Indian communities; and
(2)the Indian people will never surrender their desire to control their relationships both among themselves and with non-Indian governments, organizations, and persons.
(b)The Congress further finds that—
(1)true self-determination in any society of people is dependent upon an educational process which will insure the development of qualified people to fulfill meaningful leadership roles;
(2)the Federal responsibility for and assistance to education of Indian children has not effected the desired level of educational achievement or created the diverse opportunities and personal satisfaction which education can and should provide; and
(3)parental and community control of the educational process is of crucial importance to the Indian people. declaration of policy Sec. 3.
(a)The Congress hereby recognizes the obligation of the [25 USC 450a.](/us/usc/t25/s450a) 88 Stat. 2204 United States to respond to the strong expression of the Indian people for self-determination by assuring maximum Indian participation in the direction of educational as well as other Federal services to Indian communities so as to render such services more responsive to the needs and desires of those communities.
(b)The Congress declares its commitment to the maintenance of the Federal Government’s unique and continuing relationship with and responsibility to the Indian people through the establishment of a meaningful Indian self-determination policy which will permit an orderly transition from Federal domination of programs for and services to Indians to effective and meaningful participation by the Indian people in the planning, conduct, and administration of those programs and services.
(c)The Congress declares that a major national goal of the United States is to provide the quantity and quality of educational services and opportunities which will permit Indian children to compete and excel in the life areas of their choice, and to achieve the measure of self-determination essential to their social and economic well-being. definitions Sec. 4. For the purposes of this Act, the term—[25 USC 450b.](/us/usc/t25/s450b)
(a)“Indian” means a person who is a member of an Indian tribe;
(b)“Indian tribe” means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688) which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians;
(c)“Tribal organization” means the recognized governing body of any Indian tribe; any legally established organization of Indians which is controlled, sanctioned, or chartered by such governing body or which is democratically elected by the adult members of the Indian community to be served by such organization and which includes the maximum participation of Indians in all phases of its activities: *Provided*, That in any case where a contract is let or grant made to an organization to perform services benefitting more than one Indian tribe, the approval of each such Indian tribe shall be a prerequisite to the letting or making of such contract or grant;
(d)“Secretary”, unless otherwise designated, means the Secretary of the Interior;
(f)“State education agency” means the State board of education or other agency or officer primarily responsible for supervision by the State of public elementary and secondary schools, or, if there is no such officer or agency, an officer or agency designated by the Governor or by State law. reporting and audit requirements Sec. 5.
(a)Each recipient of Federal financial assistance from the Recordkeeping. [25 USC 450c.](/us/usc/t25/s450c) Secretary of Interior or the Secretary of Health, Education, and Welfare, under this Act, shall keep such records as the appropriate Secretary shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such assistance, the cost of the project or undertaking in connection with which such assistance is given or used, the amount of that portion of the cost of the project or undertaking supplied by other sources, and 88 Stat. 2205 such other records as will facilitate an effective audit.
(b)The Comptroller General and the appropriate Secretary, or any of their duly authorized representatives, shall, until the expiration of three years after completion of the project or undertaking referred to in the preceding subsection of this section, have access (for the purpose of audit and examination) to any books, documents, papers, and records of such recipients which in the opinion of the Comptroller General or the appropriate Secretary may be related or pertinent to the grants, contracts, subcontracts, subgrants, or other arrangements referred to in the preceding subsection.
(c)Each recipient of Federal financial assistance referred to in subsection
(a)of this section shall make such reports and information available to the Indian people served or represented by such recipient as and in a manner determined to be adequate by the appropriate Secretary.
(d)Any funds paid to a financial assistance recipient referred to in subsection
(a)of this section and not expended or used for the purposes for which paid shall be repaid to the Treasury of the United States. penalties Sec. 6. Whoever, being an officer, director, agent, or employee of, [25 USC 450d.](/us/usc/t25/s450d) or connected in any capacity with, any recipient of a contract, subcontract, grant, or subgrant pursuant to this Act or the Act of April 16, 1934 (48 Stat. 596), as amended, embezzles, willfully misapplies, [25 USC 452.](/us/usc/t25/s452) steals, or obtains by fraud any of the money, funds, assets, or property which are the subject of such a grant, subgrant, contract, or subcontract, shall be fined not more than $10,000 or imprisoned for not more than two years, or both, but if the amount so embezzled, misapplied, stolen, or obtained by fraud does not exceed $100, he shall be fined not more than $1,000 or imprisoned not more than one year, or both. wage and labor standards Sec. 7.
(a)All laborers and mechanics employed by contractors of [25 USC 450e.](/us/usc/t25/s450e) subcontractors in the construction, alteration, or repair, including painting or decorating of buildings or other facilities in connection with contracts or grants entered into pursuant to this Act, shall be paid wages at not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor in accordance with the Davis-Bacon Act of March 3, 1931 (46 Stat. 1494), as amended. With respect to construction, alteration, or repair work to [40 USC 276a](/us/usc/t40/s276a) note. [5 USC app. II.](/us/usc/t5/II) which the Act of March 3, 1921 is applicable under the terms of this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and section 2 of the Act of June 13, 1934 (48 Stat. 948, 40 U.S.C. 276c).
(b)Any contract, subcontract, grant, or subgrant pursuant to this Act, the Act of April 16, 1934 (48 Stat. 596), as amended, or any other [25 USC 452.](/us/usc/t25/s452) Act authorizing Federal contracts with or grants to Indian organizations or for the benefit of Indians, shall require that to the greatest extent feasible—
(1)preferences and opportunities for training and employment in connection with the administration of such contracts or grants shall be given to Indians; and
(2)preference in the award of subcontracts and subgrants in connection with the administration of such contracts or grants shall be given to Indian organizations and to Indian-owned economic enterprises as defined in section 3 of the Indian Financing Act of 1974 (88 Stat. 77).[25 USC 1452.](/us/usc/t25/s1452) 88 Stat. 2206 carryover of funds Sec. 8. The provisions of any other laws to the contrary notwithstanding, [25 USC 13a.](/us/usc/t25/s13a) any funds appropriated pursuant to the Act of November 2, 1921 (42 Stat. 208), for any fiscal year which are not obligated and [25 USC 13, 52a.](/us/usc/t25/s13/s52a) expended prior to the beginning of the fiscal year succeeding the fiscal year for which such funds were appropriated shall remain available for obligation and expenditure during such succeeding fiscal year. TITLE I—INDIAN SELF-DETERMINATION ACT Sec. 101. This title may be cited as the “Indian Self-Determination Citation of title. [25 USC 450f](/us/usc/t25/s450f) note. Act”. contracts by the secretary of the interior Sec. 102.
(a)The Secretary of the Interior is directed, upon the [25 USC 450f.](/us/usc/t25/s450f) request of any Indian tribe, to enter into a contract or contracts with any tribal organization of any such Indian tribe to plan, conduct, and administer programs, or portions thereof, provided for in the Act of April 16, 1934 (48 Stat. 596), as amended by this Act, any other [25 USC 452.](/us/usc/t25/s452) program or portion thereof which the Secretary of the Interior is authorized to administer for the benefit of Indians under the Act of November 2, 1921 (42 Stat. 208), and any Act subsequent thereto: [25 USC 13, 52a.](/us/usc/t25/s13/s52a) *Provided, however*, That the Secretary may initially decline to enter into any contract requested by an Indian tribe if he finds that:
(1)the service to be rendered to the Indian beneficiaries of the particular program or function to be contracted will not be satisfactory;
(2)adequate protection of trust resources is not assured, or
(3)the proposed project or function to be contracted for cannot be properly completed or maintained by the proposed contract: *Provided further*, That in arriving at his finding, the Secretary shall consider whether the tribe or tribal organization would be deficient in performance under the contract with respect to
(A)equipment,
(B)bookkeeping and accounting procedures,
(C)substantive knowledge of the program to be contracted for,
(D)community support for the contract,
(E)adequately trained personnel, or
(F)other necessary components of contract performance.
(b)Whenever the Secretary declines to enter into a contract or contracts pursuant to subsection
(a)of this section, he shall
(1)state his objections in writing to the tribe within sixty days,
(2)provide to the extent practicable assistance to the tribe or tribal organization to overcome his stated objections, and
(3)provide the tribe with a hearing, under such rules and regulations as he may promulgate, and the opportunity for appeal on the objections raised.
(c)The Secretary is authorized to require any tribe requesting that he enter into a contract pursuant to the provisions of this title to obtain adequate liability insurance: *Provided, however*, That each such policy of insurance shall contain a provision that the insurance carrier shall waive any right it may have to raise as a defense the tribe’s sovereign immunity from suit, but that such waiver shall extend only to claims the amount and nature of which are within the coverage and limits of the policy and shall not authorize or empower such insurance carrier to waive or otherwise limit the tribe’s sovereign immunity outside or beyond the coverage and limits of the policy of insurance. contracts by the secretary of health, education, and welfare Sec. 103.
(a)The Secretary of Health, Education, and Welfare is [25 USC 450g.](/us/usc/t25/s450g) directed, upon the request of any Indian tribe, to enter into a contract or contracts with any tribal organization of any such Indian tribe to carry out any or all of his functions, authorities, and responsibilities 88 Stat. 2207 under the Act of August 5, 1954 (68 Stat. 674), as amended: *Provided, however*, [42 USC 2001.](/us/usc/t42/s2001) That the Secretary may initially decline to enter into any contract requested by an Indian tribe if he finds that:
(1)the service to be rendered to the Indian beneficiaries of the particular program or function to be contracted for will not be satisfactory;
(2)adequate protection of trust resources is not assured; or
(3)the proposed project or function to be contracted for cannot be properly completed or maintained by the proposed contract: *Provided further*, That the Secretary of Health, Education, and Welfare, in arriving at his finding, shall consider whether the tribe or tribal organization would be deficient in performance under the contract with respect to
(A)equipment,
(B)bookkeeping and accounting procedures,
(C)substantive knowledge of the program to be contracted for,
(D)community support for the contract,
(E)adequately trained personnel, or
(F)other necessary components of contract performance.
(b)Whenever the Secretary of Health, Education, and Welfare declines to enter into a contract or contracts pursuant to subsection
(a)of this section, he shall
(1)state his objections in writing to the tribe within sixty days;
(2)provide, to the extent practicable, assistance to the tribe or tribal organization to overcome his stated objections; and
(3)provide the tribe with a hearing, under such rules and regulations Hearing. as he shall promulgate, and the opportunity for appeal on the objections raised.
(c)The Secretary of Health, Education, and Welfare is authorized Liability insurance. to require any tribe requesting that he enter into a contract pursuant to the provisions of this title to obtain adequate liability insurance: *Provided, however*, That each such policy of insurance shall contain a provision that the insurance carrier shall waive any right it may have to raise as a defense the tribe’s sovereign immunity from suit, but that such waiver shall extend only to claims the amount and nature of which are within the coverage and limits of the policy and shall not authorize or empower such insurance carrier to waive or otherwise limit the tribe’s sovereign immunity outside or beyond the coverage and limits of the policy of insurance. grants to indian tribal organizations Sec. 104.
(a)The Secretary of the Interior is authorized, upon the [25 USC 450h.](/us/usc/t25/s450h) [25 USC 13, 52a.](/us/usc/t25/s13/s52a) request of any Indian tribe (from funds appropriated for the benefit of Indians pursuant to the Act of November 2, 1921 (42 Stat. 208), and any Act subsequent thereto) to contract with or make a grant or grants to any tribal organization for—
(1)the strengthening or improvement of tribal government (including, but not limited to, the development, improvement, and administration of planning, financial management, or merit personnel systems; the improvement of tribally funded programs or activities; or the development, construction, improvement, maintenance, preservation, or operation of tribal facilities or resources);
(2)the planning, training, evaluation of other activities designed to improve the capacity of a tribal organization to enter into a contract or contracts pursuant to section 102 of this Act and the additional costs associated with the initial years of operation under such a contract or contracts;
(3)the acquisition of land in connection with items
(1)and
(2)above: *Provided*, That in the case of land within reservation boundaries or which adjoins on at least two sides lands held in trust by the United States for the tribe or for individual Indians, the Secretary of Interior may (upon request of the tribe) acquire such land in trust for the tribe; or 88 Stat. 2208
(4)the planning, designing, monitoring, and evaluating of Federal programs serving the tribe.
(b)The Secretary of Health, Education, and Welfare may, in accordance with regulations adopted pursuant to section 107 of this Act, make grants to any Indian tribe or tribal organization for—
(1)the development, construction, operation, provision, or maintenance of adequate health facilities or services including the training of personnel for such work, from funds appropriated to the Indian Health Service for Indian health services or Indian health facilities; or
(2)planning, training, evaluation or other activities designed to improve the capacity of a tribal organization to enter into a contract or contracts pursuant to section 103 of this Act.
(c)The provisions of any other Act notwithstanding, any funds made available to a tribal organization under grants pursuant to this section may be used as matching shares for any other Federal grant programs which contribute to the purposes for which grants under this section are made. personnel Sec. 105.
(a)Section 3371(2) of chapter 33 of title 5, United States Code, is amended
(1)by deleting the word “and” immediately after the semicolon in clause (A);
(2)by deleting the period at the end of clause
(B)and inserting in lieu thereof a semicolon and the word “and”; and
(3)by adding at the end thereof the following new clause:" “(C) any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village as defined in the Alaska Native Claims Settlement Act (85 Stat. 688), which [43 USC 1601](/us/usc/t43/s1601) note. is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians and includes any tribal organization as defined in section 4(c) of the Indian Self-Determination and Education Assistance Act.”*Ante,* p. 2204."
(b)The Act of August 5, 1954 (68 Stat. 674), as amended, is further amended by adding a new section 8 after section 7 of the Act, [42 USC 2004a.](/us/usc/t42/s2004a) as follows:" “Sec. 8. In accordance with subsection
(d)of section 214 of the [42 USC 2004b.](/us/usc/t42/s2004b) [42 USC 215.](/us/usc/t42/s215) Public Health Service Act (58 Stat. 690), as amended, upon the request of any Indian tribe, band, group, or community, commissioned officers of the Service may be assigned by the Secretary for the purpose of assisting such Indian tribe, group, band, or community in carrying out the provisions of contracts with, or grants to, tribal organizations pursuant to section 102, 103, or 104 of the Indian Self-Determination and Education Assistance Act”.*Ante,* pp. 2206, 2207."
(c)Paragraph
(2)of subsection
(a)of section 6 of the Military [50 USC app. 456.](/us/usc/t50/456) Selective Service Act of 1967 (81 Stat. 100), as amended, is amended by inserting after the words “Environmental Science Services Administration” the words “or who are assigned to assist Indian tribes, groups, bands, or communities pursuant to the Act of August 5, 1954 (68 Stat. 674), as amended”.[42 USC 2001.](/us/usc/t42/s2001)
(d)Section 502 of the Intergovernmental Personnel Act of 1970 (84 [42 USC 4762.](/us/usc/t42/s4762) Stat. 1909, 1925) is amended—
(1)by deleting the word “and” after paragraph (3);
(2)by deleting the period after paragraph
(4)and inserting in lieu thereof a semicolon and the word “and”; and
(3)by adding at the end thereof the following new paragraph:" “(5) Notwithstanding the population requirements of section 203(a) and 303(c) of this Act, a ‘local government’ and a ‘general [42 USC 4723, 4743.](/us/usc/t42/s4723/s4743) local government’ also mean the recognized governing body of an Indian tribe, band, pueblo, or other organized group or com-88 Stat. 2209munity, including any Alaska Native village, as defined in the Alaska Native Claims Settlement Act (85 Stat. 688), which performs [42 USC 1601](/us/usc/t42/s1601) note. [42 USC 4723, 4743.](/us/usc/t42/s4723/s4743) substantial governmental functions. The requirements of sections 203(c) and 303(d) of this Act, relating to reviews by the Governor of a State, do not apply to grant applications from the governing body of an Indian tribe, although nothing in this Act is intended to discourage or prohibit voluntary communication and cooperation between Indian tribes and State and local governments.”"
(e)Notwithstanding any other law, executive order, or administrative Certain tribal organization employees, coverage, rights, and benefits. [25 USC 450i.](/us/usc/t25/s450i) regulation, an employee serving under an appointment not limited to one year or less who leaves Federal employment to be employed by a tribal organization on or before December 31, 1985, in connection with governmental or other activities which are or have been performed by employees in or for Indian communities is entitled, if the employee and the tribal organization so elect, to the following:
(1)To retain coverage, rights, and benefits under subchapter I Work injuries, compensation. [5 USC 8101.](/us/usc/t5/s8101) of chapter 81 (“Compensation for Work Injuries”) of title 5, United States Code, and for this purpose his employment with the tribal organization shall be deemed employment by the United States. However, if an injured employee, or his dependents in case of his death, receives from the tribal organization any payment (including an allowance, gratuity, payment under an insurance policy for which the premium is wholly paid by the tribal organization, or other benefit of any kind) on account of the same injury or death, the amount of that payment shall be credited against any benefit payable under subchapter I of chapter 81 of title 5, United States Code, as follows:
(A)payments on account of injury or disability shall be credited against disability compensation payable to the injured employee; and
(B)payments on account of death shall be credited against death compensation payable to dependents of the deceased employee.
(2)To retain coverage, rights, and benefits under chapter 83 Retirement. [5 USC 8301.](/us/usc/t5/s8301) (“Retirement”) of title 5, United States Code, if necessary employee deductions and agency contributions in payment for coverage, rights, and benefits for the period of employment with the tribal organization are currently deposited in the Civil Service Retirement and Disability Fund (section 8348 of title 5, United States Code); and the period during which coverage, rights, and benefits are retained under this paragraph is deemed creditable service under section 8332 of title 5, United States Code. Days of unused sick leave to the credit of an employee under a formal leave system at the time the employee leaves Federal employment to be employed by a tribal organization remain to his credit for retirement purposes during covered service with the tribal organization.
(3)To retain coverage, rights, and benefits under chapter 89 Health insurance. [5 USC 8901.](/us/usc/t5/s8901) (“Health Insurance”) of title 5, United States Code, if necessary employee deductions and agency contributions in payment for the coverage, rights, and benefits for the period of employment with the tribal organization are currently deposited in the Employee’s Health Benefit Fund (section 8909 of title 5, United States Code); and the period during which coverage, rights, and benefits are retained under this paragraph is deemed service as an employee under chapter 89 of title 5, United States Code.
(4)To retain coverage, rights, and benefits under chapter 87 Life insurance. [5 USC 8701.](/us/usc/t5/s8701) (“Life Insurance”) of title 5, United States Code, if necessary 88 Stat. 2210 employee deductions and agency contributions in payment for the coverage, rights, and benefits for the period of employment with the tribal organizations are currently deposited in the Employee”s Life Insurance Fund (section 8714 of title 5, United States Code); and the period during which coverage, rights, and benefits are retained under this paragraph is deemed service as an employee under chapter 87 of title 5, United States Code.[5 USC 8701.](/us/usc/t5/s8701)
(f)During the period an employee is entitled to the coverage, rights, and benefits pursuant to the preceding subsection, the tribal organization employing such employee shall deposit currently in the appropriate funds the employee deductions and agency contributions required by paragraphs (2), (3), and
(4)of such preceding subsection.
(g)An employee who is employed by a tribal organization under subsection
(e)of this section and such tribal organization shall make the election to retain the coverages, rights, and benefits in paragraphs (1), (2), (3), and
(4)of such subsection
(e)before the date of his employment by a tribal organization. An employee who is employed by a tribal organization under subsection
(e)of this section shall continue to be entitled to the benefits of such subsection if he is employed by another tribal organization to perform service in activities of the type described in such subsection.
(h)For the purposes of subsections (e), (f), and
(g)of this section, “Employee.” the term “employee” means an employee as defined in section 2105 of title 5, United States Code.
(i)The President may prescribe regulations necessary to carry out Regulations. the provisions of subsections (e), (f), (g), and
(h)of this section and to protect and assure the compensation, retirement, insurance, leave, reemployment rights, and such other similar civil service employment rights as he finds appropriate.
(j)Anything in sections 205 and 207 of title 18, United States Code to the contrary notwithstanding, officers and employees of the United States assigned to an Indian tribe as authorized under section 3372 of title 5, United States Code, or section 2072 of the Revised Statutes (25 U.S.C. 48) and former officers and employees of the United States employed by Indian tribes may act as agents or attorneys for or appear on behalf of such tribes in connection with any matter pending before any department, agency, court, or commission, including any matter in which the United States is a party or has a direct and substantial interest: *Provided*, That each such officer or employee or former officer or employee must advise in writing the head of the department, agency, court, or commission with which he is dealing or appearing on behalf of the tribe of any personal and substantial involvement he may have had as an officer or employee of the United States in connection with the matter involved. administrative provisions Sec. 106.
(a)Contracts with tribal organizations pursuant to sections [25 USC 450j.](/us/usc/t25/s450j) 102 and 103 of this Act shall be in accordance with all Federal contracting laws and regulations except that, in the discretion of the appropriate Secretary, such contracts may be negotiated without advertising and need not conform with the provisions of the Act of August 24, 1935 (49 Stat. 793), as amended: *Provided*, That the appropriate [40 USC 270a.](/us/usc/t40/s270a) Secretary may waive any provisions of such contracting laws or regulations which he determines are not appropriate for the purposes of the contract involved or inconsistent with the provisions of this Act.
(b)Payments of any grants or under any contracts pursuant to section 102, 103, or 104 of this Act may be made in advance or by way of reimbursement and in such installments and on such conditions as 88 Stat. 2211 the appropriate Secretary deems necessary to carry out the purposes of this title. The transfer of funds shall be scheduled consistent with program requirements and applicable Treasury regulations, so as to minimize the time elapsing between the transfer of such funds from the United States Treasury and the disbursement thereof by the tribal organization, whether such disbursement occurs prior to or subsequent to such transfer of funds. Tribal organizations shall not be held accountable for interest earned on such funds, pending their disbursement by such organization.
(c)Any contract requested by a tribe pursuant to sections 102 and Contracts, term. 103 of this Act shall be for a term not to exceed one year unless the appropriate Secretary determines that a longer term would be advisable: *Provided*, That such term may not exceed three years and shall be subject to the availability of appropriations: *Provided, further*, That the amounts of such contracts may be renegotiated annually to reflect factors, including but not limited to cost increases beyond the control of a tribal organization.
(d)Notwithstanding any provision of law to the contrary, the appropriate Secretary may, at the request or consent of a tribal organization, revise or amend any contract or grant made by him pursuant to section 102, 103, or 104 of this Act with such organization as necessary to carry out the purposes of this title: *Provided, however*, That whenever an Indian tribe requests retrocession of the appropriate Secretary for any contract entered into pursuant to this Act, such retrocession shall become effective upon a date specified by the appropriate Secretary not more than one hundred and twenty days from the date of the request by the tribe or at such later date as may be mutually agreed to by the appropriate Secretary and the tribe.
(e)In connection with any contract or grant made pursuant to section 102, 103, or 104 of this Act, the appropriate Secretary may permit a tribal organization to utilize, in carrying out such contract or grant, existing school buildings, hospitals, and other facilities and all equipment therein or appertaining thereto and other personal property owned by the Government within his jurisdiction under such terms and conditions as may be agreed upon for their use and maintenance.
(f)The contracts authorized under sections 102 and 103 of this Act and grants pursuant to section 104 of this Act may include provisions for the performance of personal services which would otherwise be performed by Federal employees including, but in no way limited to, functions such as determination of eligibility of applicants for assistance, benefits, or services, and the extent or amount of such assistance, benefits, or services to be provided and the provisions of such assistance, benefits, or services, all in accordance with the terms of the contract or grant and applicable rules and regulations of the appropriate Secretary: *Provided*, That the Secretary shall not make any contract which would impair his ability to discharge his trust responsibilities to any Indian tribe or individuals.
(g)Contracts and grants with tribal organizations pursuant to sections 102, 103, and 104 of this Act and the rules and regulations adopted by the Secretaries of the Interior and Health, Education, and Welfare pursuant to section 107 of this Act shall include provisions to assure the fair and uniform provision by such tribal organizations of the services and assistance they provide to Indians under such contracts and grants.
(h)The amount of funds provided under the terms of contracts entered into pursuant to sections 102 and 103 shall not be less than the appropriate Secretary would have otherwise provided for his direct operation of the programs or portions thereof for the period covered by the contract: *Provided*. That any savings in operation under such 88 Stat. 2212 contracts shall be utilized to provide additional services or benefits under the contract. promulgation of rules and regulations Sec. 107.
(a)The Secretaries of the Interior and of Health, Education, [25 USC 450k.](/us/usc/t25/s450k) and Welfare are each authorized to perform any and all acts and to make such rules and regulations as may be necessary and proper for the purposes of carrying out the provisions of this title. (b)(1) Within six months from the date of enactment of this Act, the Secretary of the Interior and the Secretary of Health, Education, and Welfare shall each to the extent practicable, consult with national and regional Indian organizations to consider and formulate appropriate rules and regulations to implement the provisions of this title.
(2)Within seven months from the date of enactment of this Act, the Secretary of the Interior and the Secretary of Health, Education, and Welfare shall each present the proposed rules and regulations to the Committees on Interior and Insular Affairs of the United States Senate and House of Representatives.
(3)Within eight months from the date of enactment of this Act, Publication in Federal Register. the Secretary of the Interior and the Secretary of Health, Education, and Welfare shall publish proposed rules and regulations in the Federal Register for the purpose of receiving comments from interested parties.
(4)Within ten months from the date of enactment of this Act, the Secretary of the Interior and the Secretary of Health, Education, and Welfare shall promulgate rules and regulations to implement the provisions of this title.
(c)The Secretary of the Interior and the Secretary of Health, Education, and Welfare are authorized to revise and amend any rules or regulations promulgated pursuant to this section: *Provided*, That prior to any revision or amendment to such rules or regulations, the respective Secretary or Secretaries shall present the proposed revision or amendment to the Committees on Interior and Insular Affairs of the United States Senate and House of Representatives and shall, to the extent practicable, consult with appropriate national or regional Indian organizations and shall publish any proposed revisions in the Publication in Federal Register. Federal Register not less than sixty days prior to the effective date of such rules and regulations in order to provide adequate notice to, and receive comments from, other interested parties. reports Sec. 108. For each fiscal year during which an Indian tribal organization [25 USC 450*l*.](/us/usc/t25/s450l) receives or expends funds pursuant to a contract or grant under this title, the Indian tribe which requested such contract or grant shall submit to the appropriate Secretary a report including, but not limited to, an accounting of the amounts and purposes for which Federal funds were expended, information on the conduct of the program or service involved, and such other information as the appropriate Secretary may request. reassumption of programs Sec. 109. Each contract or grant agreement entered into pursuant to [25 USC 450m.](/us/usc/t25/s450m) sections 102, 103, and 104 of this Act shall provide that in any case where the appropriate Secretary determines that the tribal organization’s performance under such contract or grant agreement involves
(1)the violation of the rights or endangerment of the health, safety, or welfare of any persons; or
(2)gross negligence or mismanagement 88 Stat. 2213 in the handling or use of funds provided to the tribal organization pursuant to such contract or grant agreement, such Secretary may, under regulations prescribed by him and after providing notice and Notice and hearing. hearing to such tribal organization, rescind such contract or grant agreement and assume or resume control or operation of the program, activity, or service involved if he determines that the tribal organization has not taken corrective action as prescribed by him: *Provided*, That the appropriate Secretary may, upon notice to a tribal organization, immediately rescind a contract or grant and resume control or operation of a program, activity, or service if he finds that there is an immediate threat to safety and, in such cases, he shall hold a hearing on such action within ten days thereof. Such Secretary may decline to enter into a new contract or grant agreement and retain control of such program, activity, or service until such time as he is satisfied that the violations of rights or endangerment of health, safety, or welfare which necessitated the rescission has been corrected. Nothing in this section shall be construed as contravening the Occupational Safety and Health Act of 1970 (84 Stat. 1590), as amended (29 U.S.C. 651). effect on existing rights Sec. 110. Nothing in this Act shall be construed as—[25 USC 450n.](/us/usc/t25/s450n)
(1)affecting, modifying, diminishing, or otherwise impairing the sovereign immunity from suit enjoyed by an Indian tribe; or
(2)authorizing or requiring the termination of any existing trust responsibility of the United States with respect to the Indian people. TITLE II—THE INDIAN EDUCATION ASSISTANCE ACT Sec. 201. This title may be cited as the “Indian Education Assistance Citation of title. [25 USC 455](/us/usc/t25/s455) note. Act”. Part A—Education of Indians in Public Schools Sec. 202. The Act of April 16, 1934 (48 Stat. 596), as amended, is [25 USC 452.](/us/usc/t25/s452) further amended by adding at the end thereof the following new sections:" “Sec. 4. The Secretary of the Interior shall not enter into any contract [25 USC 455.](/us/usc/t25/s455) for the education of Indians unless the prospective contractor has submitted to, and has had approved by the Secretary of the Interior, an education plan, which plan, in the determination of the Secretary, contains educational objectives which adequately address the educational needs of the Indian students who are to be beneficiaries of the contract and assures that the contract is capable of meeting such objectives: *Provided*, That where students other than Indian students participate in such programs, money expended under such contract shall be prorated to cover the participation of only the Indian students. “Sec. 5.
(a)Whenever a school district affected by a contract or contracts [25 USC 456.](/us/usc/t25/s456) for the education of Indians pursuant to this Act has a local school board not composed of a majority of Indians, the parents of the Indian children enrolled in the school or schools affected by such contract or contracts shall elect a local committee from among their number. Such committee shall fully participate in the development of, and shall have the authority to approve or disapprove programs to be conducted under such contract or contracts, and shall carry out such other duties, and be so structured, as the Secretary of the Interior shall by regulation provide: *Provided, however*, That, whenever a local Indian committee or committees established pursuant to section 305 (b)(2)(B)(ii) of the Act of June 23, 1972 (86 Stat. 235) or an Indian advisory school board or boards established pursuant to this Act prior 88 Stat. 2214 to the date of enactment of this section exists in such school district, such committee or board may, in the discretion of the affected tribal governing body or bodies, be utilized for the purposes of this section. “(b) The Secretary of the Interior may, in his discretion, revoke any contract if the contractor fails to permit a local committee to perform its duties pursuant to subsection (a). “Sec. 6. Any school district educating Indian students who are [25 USC 457.](/us/usc/t25/s457) members of recognized Indian tribes, who do not normally reside in the State in which such school district is located, and who are residing in Federal boarding facilities for the purposes of attending public schools within such district may, in the discretion of the Secretary of the Interior, be reimbursed by him for the full per capita costs of educating such Indian students.”" Sec. 203. After conferring with persons competent in the field of Report to congressional committees. [25 USC 457](/us/usc/t25/s457) note. Indian education, the Secretary, in consultation with the Secretary of Health, Education, and Welfare, shall prepare and submit to the Committees on Interior and Insular Affairs of the United States Senate and House of Representatives not later than October 1, 1975, a report which shall include:
(1)a comprehensive analysis of the Act of April 16, 1934 (48 Stat. 596), as amended, including—[25 USC 452.](/us/usc/t25/s452)
(A)factors determining the allocation of funds for the special or supplemental educational programs of Indian students and current operating expenditures;
(B)the relationship of the Act of April 16, 1934 (48 Stat. 596), as amended, to—
(i)title I of the Act of September 30, 1950 (64 Stat. 1100), as amended; and[20 USC 236.](/us/usc/t20/s236)
(ii)the Act of April 11, 1965 (79 Stat. 27), as amended; and[20 USC 821](/us/usc/t20/s821) note.
(iii)title IV of the Act of June 23, 1972 (86 Stat. 285); and[20 USC 241aa](/us/usc/t20/s241aa) note.
(iv)the Act of September 23, 1950 (72 Stat. 548), as amended.[20 USC 631.](/us/usc/t20/s631)
(2)a specific program to meet the special educational needs of Indian children who attend public schools. Such program shall include, but need not be limited to, the following:
(A)a plan for the equitable distribution of funds to meet the special or supplemental educational needs of Indian children and, where necessary, to provide general operating expenditures to schools and school districts educating Indian children; and
(B)an estimate of the cost of such program;
(3)detailed legislative recommendations to implement the program prepared pursuant to clause (2); and
(4)a specific program, together with detailed legislative recommendations, Indian-controlled community colleges. to assist the development and administration of Indian-controlled community colleges. Part B—School Construction Sec. 204.
(a)The Secretary is authorized to enter into a contract or Contract authority. [25 USC 458.](/us/usc/t25/s458) contracts with any State education agency or school district for the purpose of assisting such agency or district in the acquisition of sites for, or the construction, acquisition, or renovation of facilities (including all necessary equipment) in school districts on or adjacent to or in close proximity to any Indian reservation or other lands held in trust by the United States for Indians, if such facilities are necessary for the education of Indians residing on any such reservation or lands. 88 Stat. 2215
(b)The Secretary may expend not less than 75 per centum of such funds as are authorized and appropriated pursuant to this part B on those projects which meet the eligibility requirements under subsections
(a)and
(b)of section 14 of the Act of September 23, 1950 (72 Stat. 548), as amended. Such funds shall be allocated on the basis [20 USC 644.](/us/usc/t20/s644) of existing funding priorities, if any, established by the United States Commissioner of Education under subsections
(a)and
(b)of section 14 of the Act of September 23, 1950, as amended. The United States Commissioner of Education is directed to submit to the Secretary, at the beginning of each fiscal year, commencing with the first full fiscal year after the date of enactment of this Act, a list of those projects eligible for funding under subsections
(a)and
(b)of section 14 of the Act of September 23, 1950, as amended.
(c)The Secretary may expend not more than 25 per centum of such funds as may be authorized and appropriated pursuant to this part B on any school eligible to receive funds under section 208 of this Act.
(d)Any contract entered into by the Secretary pursuant to this section shall contain provisions requiring the relevant State educational agency to—
(1)provide Indian students attending any such facilities constructed, acquired, or renovated, in whole or in part, from funds made available pursuant to this section with standards of education not less than those provided non-Indian students in the school district in which the facilities are situated; and
(2)meet, with respect to such facilities, the requirements of the State and local building codes, and other building standards set by the State educational agency or school district for other public school facilities under its jurisdiction or control or by the local government in the jurisdiction within which the facilities are situated.
(e)The Secretary shall consult with the entity designated pursuant to section 5 of the Act of April 16, 1934 (48 Stat. 596), as amended by this Act, and with the governing body of any Indian tribe or tribes *Ante,* p. 2213. the educational opportunity for the members of which will be significantly affected by any contract entered into pursuant to this section. Such consultation shall be advisory only, but shall occur prior to the entering into of any such contract. The foregoing provisions of this subsection shall not be applicable where the application for a contract pursuant to this section is submitted by an elected school board of which a majority of its members are Indians.
(f)Within ninety days following the expiration of the three year Program evaluation, report to Congress. period following the date of the enactment of this Act, the Secretary shall evaluate the effectiveness of the program pursuant to this section and transmit a report of such evaluation to the Congress. Such report shall include—
(1)an analysis of construction costs and the impact on such costs of the provisions of subsection
(f)of this section and the Act of March 3, 1921 (46 Stat. 1491), as amended;
(2)a description of the working relationship between the Department of the Interior and the Department of Health, Education, and Welfare including any memorandum of understanding in connection with the acquisition of data pursuant to subsection
(b)of this section;
(3)projections of the Secretary of future construction needs of the public schools serving Indian children residing on or adjacent to Indian reservations; 88 Stat. 2216
(4)a description of the working relationship of the Department of the Interior with local or State educational agencies in connection with the contracting for construction, acquisition, or renovation of school facilities pursuant to this section; and
(5)the recommendations of the Secretary with respect to the transfer of the responsibility for administering subsections
(a)and
(b)of section 14 of the Act of September 23, 1950 (72 Stat. 548), as amended, from the Department of Health, Education, [20 USC 644.](/us/usc/t20/s644) and Welfare to the Department of the Interior.
(g)For the purpose of carrying out the provisions of this section, Appropriation. there is authorized to be appropriated the sum of $35,000,000 for the fiscal year ending June 30, 1974; $35,000,000 for each of the four succeeding fiscal years; and thereafter, such sums as may be necessary, all of such sums to remain available until expended. Part C—General Provisions Sec. 205. No funds from any grant or contract pursuant to this title [25 USC 458a.](/us/usc/t25/s458a) shall be made available to any school district unless the Secretary is satisfied that the quality and standard of education, including facilities and auxiliary services, for Indian students enrolled in the schools of such district are at least equal to that provided all other students from resources, other than resources provided in this title, available to the local school district. Sec. 206. No funds from any contract or grant pursuant to this title [25 USC 458b.](/us/usc/t25/s458b) shall be made available by any Federal agency directly to other than public agencies and Indian tribes, institutions, and organizations: *Provided*, That school districts, State education agencies, and Indian tribes, institutions, and organizations assisted by this title may use funds provided herein to contract for necessary services with any appropriate individual, organization, or corporation. Sec. 207. (a)(1) Within six months from the date of enactment of [25 USC 458c.](/us/usc/t25/s458c) this Act, the Secretary shall, to the extent practicable, consult with national and regional Indian organizations with experiences in Indian education to consider and formulate appropriate rules and regulations to implement the provisions of this title.
(2)Within seven months from the date of enactment of this Act, the Secretary shall present the proposed rules and regulations to the Committees on Interior and Insular Affairs of the United States Senate and House of Representatives.
(3)Within eight months from the date of enactment of this Act, the Rules and regulations, publication in Federal Register. Secretary shall publish proposed rules and regulations in the Federal Register for the purpose of receiving comments from interested parties.
(4)Within ten months from the date of enactment of this Act, the Secretary shall promulgate rules and regulations to implement the provisions of this title.
(b)The Secretary is authorized to revise and amend any rules or regulations promulgated pursuant to subsection
(a)of this section: *Provided*, That prior to any revision or amendment to such rules or Publication in Federal Register. regulations the Secretary shall, to the extent practicable, consult with appropriate national and regional Indian organizations, and shall publish any proposed revisions in the Federal Register not less than sixty days prior to the effective date of such rules and regulations in order to provide adequate notice to, and receive comments from, other interested parties. Sec. 208. The Secretary is authorized and directed to provide funds, [25 USC 458d.](/us/usc/t25/s458d) pursuant to this Act; the Act of April 16, 1934 (48 Stat. 596), as amended; or any other authority granted to him to any tribe or tribal [25 USC 452.](/us/usc/t25/s452) organization which controls and manages any previously private 88 Stat. 2217 school. The Secretary shall transmit annually to the Committees on Interior and Insular Affairs of the United States Senate and House of Representatives a report on the educational assistance program conducted pursuant to this section.Report to congressional committees. Sec. 209. The assistance provided in this Act for the education of [25 USC 458e.](/us/usc/t25/s458e) Indians in the public schools of any State is in addition and supplemental to assistance provided under title IV of the Act of June 23, 1972 (86 Stat. 235).[20 USC 241aa](/us/usc/t20/s241aa) note. Approved January 4, 1975. Public Law 93–639: To amend certain provisions of Federal law relating to explosives. Public Law 639 Public Law 93–639 1975-01-04 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–639 AN ACT To amend certain provisions of Federal law relating to explosives. January 4, 1975 [[S. 1083](/us/bill/93/s/1083)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That this Act may Amendments of 1973 to Federal Law Relating to Explosives. [18 USC 845](/us/usc/t18/s845) note. be cited as the “Amendments of 1973 to Federal Law Relating to Explosives”. Sec. 101. Section 845(a) of title 18 of the United States Code (relating to exemptions from certain provisions of Federal law relating to explosives) is amended by striking out paragraph
(5)and inserting in lieu thereof the following new paragraph: " “(5) commercially manufactured black powder in quantities not to exceed fifty pounds, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers, intended to be used solely for sporting, recreational, or cultural purposes in antique firearms as defined in section 921(a)(16) of title 18 of the United States Code, or in antique devices as exempted from the term ‘destructive device’ in section 921(a)(4) of title 18 of the United States Code; and”. " Sec. 102. Section 921(a)(4) of title 18 of the United States Code is amended by inserting after the word “sporting” in the last sentence the following: “, recreational or cultural”. Approved January 4, 1975. Public Law 93–640: To amend the Public Health Service Act to expand the authority of the National Institute of Arthritis, Metabolism, and Digestive Diseases in order to advance a national attack on arthritis. Public Law 640 Public Law 93–640 1975-01-04 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–640 AN ACT To amend the Public Health Service Act to expand the authority of the National Institute of Arthritis, Metabolism, and Digestive Diseases in order to advance a national attack on arthritis.January 4, 1975 [[S. 2854](/us/bill/93/s/2854)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,*National Arthritis Act of 1974. short title Section 1. This Act may be cited as the “National Arthritis Act of [42 USC 289c–1](/us/usc/t42/s289c–1) note. 1974”. findings and declaration of purpose Sec. 2. The Congress makes the following findings—[42 USC 289c–1](/us/usc/t42/s289c–1) note.
(1)Arthritis and related musculoskeletal diseases constitute major health problems in the United States in that they afflict more than twenty million Americans and are the greatest single cause of chronic pain and disability.
(2)The complications of arthritis lead to many other serious 88 Stat. 2218 health problems and other severe physical disabilities in persons of all ages with the disease, particularly children and adolescents.
(3)The annual cost of arthritis to the national economy in 1970, from medical care expenses and lost wages, was $9,200,000,000, and number of workdays lost in that year totaled over 14,500,000.
(4)Uncontrolled arthritis significantly decreases the quality of life and has a major negative economic, social, and psychological impact on the families of its victims and society generally.
(5)Athletic and other types of joint injuries involving trauma can lead to arthritis.
(6)The development of advanced methods of diagnosis and treatment of arthritis and quality trained health professionals in arthritis deserves the highest national priority.
(7)There is a critical shortage of medical facilities and properly trained health professionals and allied health professionals in the United States for arthritis research, prevention, treatment, care, and rehabilitation programs.
(8)The citizens of the United States should have a full understanding of the nature of the human, social, and economic impact of arthritis and should be encouraged to seek early diagnosis and treatment to prevent or mitigate physical disability resulting from arthritis.
(9)There is great potential for making major advances against arthritis in the National Institute of Arthritis, Metabolism, and Digestive Diseases, in concert with other institutes of the National Institutes of Health. national commission on arthritis; arthritis plan Sec. 3.
(a)The Secretary of Health, Education, and Welfare (hereinafter Establishment. [42 USC 289c–1](/us/usc/t42/s289c–1) note. in this section referred to as the “Secretary”), after consulting with the Director of the National Institutes of Health, shall, within sixty days of the date of the enactment of this section, establish a National Commission on Arthritis and Related Musculoskeletal Diseases (hereinafter in this section referred to as the “Commission”).
(b)The Commission shall be composed of eighteen members as Membership. follows:
(1)Six members appointed by the Secretary who are scientists, physicians, or other health professionals not in the employment of the Federal Government, who represent the various specialties and disciplines involving arthritis and related musculoskeletal diseases (hereinafter in this section collectively referred to as “arthritis”), and of whom at least two are practicing clinical rheumatologists, at least one is an orthopedic surgeon, and at least one is an allied health professional.
(2)Four members appointed by the Secretary from the general public, of whom at least two suffer from arthritis.
(3)One member appointed by the Secretary, from members of the National Arthritis, Metabolism, Digestive Disease Advisory Council, whose primary interest is in the field of rheumatology.
(4)The Director of the National Institutes of Health or his designee, the Director of the National Institute of Arthritis, Metabolism, and Digestive Diseases or his designee, the Directors, or their designees, of the National Institute of Allergy and Infectious Diseases and the National Institute of General Medical Science, the Associate Director for Arthritis and Related Musculoskeletal Diseases of such Institute, and the chief medical officer of the Veterans’ Administration and the Secretary of Defense or their designees, each of whom shall serve as ex officio, nonvoting members. 88 Stat. 2219
(c)The members of the Commission shall select a chairman from Chairman. among their own number. The Commission shall first meet on a date specified by the Secretary, not later than 30 days after the Commission is established, and thereafter shall meet at the call of the Chairman of the Commission (but not less often than three times).
(d)The Director of the National Institute of Arthritis, Metabolism, Director, National Institute of Arthritis, Metabolism, and Digestive Diseases, duties. and Digestive Diseases shall—
(1)designate a member of the staff of such Institute to act as Executive Secretary of the Commission, and
(2)provide the Commission with such full-time professional and clerical staff, such information, and the services of such consultants as may be necessary to assist it in carrying out effectively its function under this section.
(e)Members of the Commission who are officers or employees of Compensation. the Federal Government shall serve as members of the Commission without compensation in addition to that received in their regular public employment. Members of the Commission who are not officers or employees of the Federal Government shall each receive the daily equivalent of the rate in effect for grade GS–18 of the General Schedule [5 USC 5332](/us/usc/t5/s5332) note. for each day (including traveltime) they are engaged in the performance of their duties as members of the Commission. All members, while so serving away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as such expenses are authorized by section 5708, title 5, United States Code, for persons in the Government service employed intermittently.
(f)The Commission shall survey Federal, State, and local health Federal, State, and local health programs, survey. programs and activities relating to arthritis and assess the adequacy, technical soundness, and coordination of such programs and activities. All Federal departments and agencies administering health programs and activities relating to arthritis shall provide such cooperation and assistance relating to such programs and activities as is reasonably necessary for the Commission to make such survey and assessment.
(g)The Commission shall formulate a long-range plan (hereinafter Arthritis Plan. in this section referred to as the “Arthritis Plan”) with specific recommendations for the use and organization of national resources to combat arthritis. The Arthritis Plan shall be based on a survey investigating the incidence and prevalence of arthritis and its economic and social consequences, and on an evaluation of scientific information respecting, and the national resources capable of dealing with arthritis. The Arthritis Plan shall include a comprehensive program for the National Institute of Arthritis, Metabolism, and Digestive Diseases (hereinafter in this section referred to as the “Institute”) and plans for Federal, State, and local programs, which program and programs shall, as appropriate, provide for—
(1)investigation into the epidemiology, etiology, and prevention and control of arthritis, including the social, environmental, behavioral, nutritional, and biological control of arthritis;
(2)studies and research into the basic biological processes and mechanisms involved with arthritis, including abnormalities of the immune, musculoskeletal, cardiovascular, gastrointestinal, urogenital, pulmonary, and nervous systems, the skin, and the eyes;
(3)research into the development, trial, and evaluation of techniques, orthopedic and other surgical procedures, and drugs (including drugs intended for use by children) used in the diagnosis, early detection, treatment, prevention, and control of arthritis;
(4)programs that will apply scientific and technological methodologies and processes involving biological, physical, and engi-88 Stat. 2220neering sciences to deal with all facets of arthritis, including traumatic arthritis;
(5)programs for the conduct and direction of field studies large-scale testing, evaluation, and demonstration of preventive, diagnostic, therapeutic, rehabilitative, and control approaches to arthritis, including studies of the effectiveness and use of home care programs, mobile care units, community rehabilitation facilities, and other appropriate community public health and social services;
(6)studies of the feasibility of, and possible benefits accruing from, the organization and training of teams of health and allied health professionals in the treatment and rehabilitation of individuals who suffer from arthritis;
(7)programs to evaluate available resources for the rehabilitation of individuals who suffer from arthritis;
(8)programs to develop new and improved methods of screening and referral for arthritis, and particularly for the early detection of arthritis;
(9)programs to establish standards and criteria for measurement of the severity and rehabilitative potential of disabilities resulting from arthritis;
(10)programs to develop a uniform descriptive vocabulary for use in basic and clinical research and a standardized clinical patient data set for arthritis to standardize collection, storage, and retrieval of research and treatment data in order to facilitate collaborative and comparative studies of large patient populations;
(11)programs to establish a system for the collection, analysis, and dissemination of data useful in the screening, prevention, diagnosis, and treatment of arthritis, including the establishment of a national data storage bank to collect, catalog, and store, and facilitate retrieval and dissemination of information as to the practical application of research and other activities pertaining to arthritis;
(12)programs for the education (including continuing education programs and development of new techniques and curricula) of scientists, bioengineers, physicians engaged in general practice, the practice of family medicine, or other primary care specialties, surgeons, including orthopedic surgeons, and other health and allied health professionals and educators in the fields and specialties requisite to screening, early detection, diagnosis, treatment, and prevention of arthritis and rehabilitation of individuals who suffer from arthritis;
(13)programs for public education and counseling relating to arthritis, including public information campaigns on current developments in diagnostic and treatment procedures and programs to discourage the promotion and use of unapproved and ineffective diagnostic, preventive, treatment, and control methods and unapproved and ineffective drugs and devices;
(14)a program for the acceleration of international cooperation in and exchange of knowledge on research, screening, early detection, diagnosis, treatment, prevention, and control of arthritis; and
(15)coordination of the research programs relevant to arthritis Research programs, coordination. of other Institutes of the National Institutes of Health, the Department of Health, Education, and Welfare, and other Federal and non-Federal entities.
(h)The Commission may hold such hearings, take such testimony, Hearings. and sit at such time and places as it deems advisable. (i)(1) The Commission shall prepare for each of the Institutes of Expenditure estimates. the National Institutes of Health whose activities are to be affected by 88 Stat. 2221 the Arthritis Plan estimates of necessary expenditures to carry out each such Institute’s part of the comprehensive program included in the Plan. The estimates shall be prepared for the fiscal year ending June 30, 1976, and for each of the next two fiscal years.
(2)Within five days after the Budget is transmitted by the President Transmittal to congressional committees. to Congress for the fiscal year ending June 30, 1976, and for each of the next two fiscal years, the Secretary shall transmit to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Labor and Public Welfare of the Senate, and the Committee on Commerce and Health of the United States House of Representatives an estimate of the amounts requested for arthritis research by each of the Institutes for which estimates were prepared under paragraph
(1)and a comparison of such amounts with such estimates. (j)(1) The Commission shall publish and transmit directly to the Arthritis Plan, publication; transmittal to Congress. Congress (without prior administrative approval or review by the Office of Management and Budget or any other Federal department or agency) the Arthritis Plan within two hundred and ten days after the date on which funds are first appropriated for the Commission.
(2)The Commission shall cease to exist on the thirtieth day following Termination date. the date of the submission of the Arthritis Plan pursuant to paragraph
(1)of this subsection.
(k)There are authorized to be appropriated, without fiscal year Appropriation. limitation, to carry out the purposes of this section $2,000,000. arthritis coordinating committee, demonstration projects, and comprehensive arthritis centers Sec. 4. Part D of title IV of the Public Health Service Act is amended by adding at the end thereof the following new sections:" “arthritis coordinating committee “Sec. 437.
(a)In order to improve coordination of all activities in Establishment. [42 USC 289c–4.](/us/usc/t42/s289c–4) the National Institutes of Health, in the Department of Health, Education, and Welfare, and in other departments and agencies of the Federal Government relating to Federal health programs and activities relating to arthritis, the Secretary shall establish an Arthritis Coordinating Committee to be composed of representatives of the Department of Health, Education, and Welfare (including the Food and Drug Administration) and of the Veterans’ Administration, the Department of Defense, and other Federal departments and agencies involved in research, health services, or rehabilitation programs affecting arthritis. This committee shall include the Directors (or their Membership. designated representatives) of each of the Institutes of the National Institutes of Health involved in arthritis related research. The Committee shall be chaired by the Associate Director established pursuant to section 434(e) and shall prepare a report not later than sixty days *Post,* p. 2224. Report. Contents. after the end of each fiscal year as possible, for the Secretary detailing the work of the committee in seeking to improve coordination of departmental and interdepartmental activities relating to arthritis during the preceding fiscal year. Such report shall include— “(1) a description of the work of the committee in coordinating the research activities of the National Institutes of Health relating to arthritis during the preceding year, and “(2) a description of the work of the committee in promoting the coordination of Federal health programs and activities relating to arthritis to assure the adequacy of such programs and to provide for the adequate coordination of such programs and activities. 88 Stat. 2222 “(b) The Committee shall meet at the call of the chairman, but not Meetings. less often than four times a year. “arthritis screening, detection, prevention, and referral demonstration projects; and data bank “Sec. 438.
(a)The Secretary, acting through the Assistant Secretary [42 USC 289c–5.](/us/usc/t42/s289c–5) for Health, may make grants to public and nonprofit entities to establish and support projects for the development and demonstration of methods for arthritis, screening, detection, prevention, and referral, and for the dissemination of these methods to health and allied health professions. Activities under such projects shall be coordinated Coordination with Federal, State, and other agencies. *Infra.* with
(1)Federal, State, local, and regional health agencies,
(2)centers assisted under section 439, and
(3)the data bank under subsection (c). “(b) Projects under this section shall include programs which— “(1) emphasize the development and demonstration of new and improved methods of screening and early detection, referral, and diagnosis of individuals with a risk of developing arthritis, asymptomatic arthritis, or symptomatic arthritis; “(2) emphasize the development and demonstration of new and improved methods for patient referral from local hospitals and physicians to appropriate centers for early diagnosis and treatment; “(3) emphasize the development and demonstration of new and improved means of standardizing patient data and recordkeeping; and “(4) emphasize the development and demonstration of new and improved methods of dissemination of knowledge about the projects and methods referred to in the preceding paragraphs of this subsection to health and allied health professionals. “(c)(1) As soon as practicable after the date of enactment of this Arthritis Screening and Detection Data Bank. Establishment. section the Secretary, through the Assistant Secretary for Health, shall establish the Arthritis Screening and Detection Data Bank for the collection, storage, analysis, retrieval, and dissemination of data useful in screening, prevention, and early detection involving patient populations with asymptomatic and symptomatic types of arthritis, including where possible, data involving general populations for the purpose of detection of individuals with a risk of developing arthritis. “(2) The Secretary shall provide for standardization of patient Patient data and recordkeeping, standardization. data and recordkeeping for the collection, storage, analysis, retrieval, and dissemination of such data in cooperation with projects under this section and centers assisted under section 439, and other persons engaged in arthritis programs. “(d) There are authorized to be appropriated to carry out this Appropriations. section $2,000,000 for fiscal year ending June 30, 1975, $3,000,000 for fiscal year ending June 30, 1976, and $4,000,000 for fiscal year ending June 30, 1977. “comprehensive arthritis centers “Sec. 439.
(a)The Secretary, acting through the Assistant Secretary for [42 USC 289c–6.](/us/usc/t42/s289c–6) Health may, after consultation with the National Advisory Council established under section 434(a) and consistent with the [42 USC 289c–1.](/us/usc/t42/s289c–1) Arthritis Plan developed pursuant to the National Arthritis Act of 1974, provide for the development, modernization, and operation *Ante,* p. 2217. (including staffing and other operating costs such as the costs of patient care required for research) of centers for arthritis research, screening, detection, diagnosis, prevention, control, and treatment, for education related to arthritis, and for rehabilitation of individuals who suffer from arthritis. For purposes of this section, the term “Modernization.” ‘modernization’ means the alteration, remodeling, improvement, 88 Stat. 2223 expansion, and repair of existing buildings and the provision of equipment for such buildings to the extent necessary to make them suitable for use as centers described in the preceding sentence. “(b) Each center assisted under this section shall— “(1)(A) use the facilities of a single institution or a consortium of cooperating institutions, and
(B)meet such qualifications as may be prescribed by the Secretary; and “(2) conduct— “(A) basic and clinical research into the cause, diagnosis, early detection, prevention, control, and treatment of, arthritis and complications resulting from arthritis, including research into implantable biomaterials and biomechanical and other orthopedic procedures and in the development of other diagnostic and treatment methods; “(B) training programs for physicians and other health and allied professionals in current methods of diagnosis, screening and early detection, prevention, control, and treatment of arthritis; “(C) information and continuing education programs for physicians and other health and allied health professionals who provide care for patients with arthritis; and “(D) programs for the dissemination to the general public of information— “(i) on the importance of early detection of arthritis, of seeking prompt treatment, and of following an appropriate regimen; and “(ii) to discourage the promotion and use of unapproved and ineffective diagnostic, preventive, treatment, and control methods and unapproved and ineffective drugs and devices. “(c) Each center assisted under this section may conduct programs to— “(1) develop new and improved methods of screening and early detection, referral, and diagnosis of individuals with a risk of developing arthritis, asymptomatic arthritis, or symptomatic arthritis, “(2) disseminate the results of research, screening, and other activities, and develop means of standardizing patient data and recordkeeping, and “(3) develop community consultative services to facilitate the referral of patients to centers for treatment. “(e) The Secretary shall, insofar as practicable, provide for an Equitable geographical distribution of centers. equitable geographical distribution of centers assisted under this section. The Secretary shall give appropriate consideration to the need for centers especially suited to meeting the needs of children affected by arthritis. “(f) The Secretary shall evaluate on an annual basis the activities of centers receiving support under this section and shall report to the Report to congressional committees. appropriate committees of Congress the results of his evaluations not later than four months after the end of each fiscal year. “(g) No center may receive more than three grants under this Grants, limitation. section. “(h) For purposes of this section, there are authorized to be appropriated Appropriations. $11,000,000 for fiscal year ending June 30, 1975, $13,000,000 88 Stat. 2224 for fiscal year ending June 30, 1976, and $15,000,000 for fiscal year ending June 30, 1977. Not less than 20 per centum of the funds appropriated for each fiscal year under this subsection shall be used for the purposes of establishing new centers.”" associate director, annual report, research funding, advisory council Sec. 5.
(a)Section 434 of the Public Health Service Act is amended [42 USC 289c–1.](/us/usc/t42/s289c–1) by adding at the end the following new subsections:" “(e) There is established within the Institute the position of Associate Director for Arthritis and Related Musculoskeletal Disease (hereinafter in this part referred to as the ‘Associate Director’), who shall report directly to the Director of such Institute and who, under the supervision of the Director of such Institute, shall be responsible for programs regarding arthritis and related musculoskeletal diseases hereinafter in this part collectively referred to as ‘arthritis’) within such Institute. “(f) The Director of the Institute shall, as soon as practicable, but Report to President and Congress. not later than sixty days, after the end of each fiscal year, prepare, in consultation with the National Advisory Council, and submit to the President and to the Congress a report. Such report shall include
(1)a proposal for the Institute’s activities under the Arthritis Plan formulated under the National Arthritis Act of 1974 and activities under other provisions of law during the next five years, with an estimate for such additional staff positions and appropriations as may be required to pursue such activities, and
(2)a program evaluation section, wherein the activities and accomplishments of the Institute during the preceding fiscal year shall be measured against the Director’s proposal for that year for activities under the Arthritis Plan.”."
(b)Section 431 of such Act is amended by adding at the end thereof [42 USC 289a.](/us/usc/t42/s289a) the following new subsection:" “(c) Of the sums appropriated for any fiscal year under this Act for the National Institutes of Health, not less than $500,000 shall be obligated for basic and clinical orthopedic research conducted within the National Institute of Arthritis, Metabolism, and Digestive Diseases which relates to the methods of preventing, controlling and treating arthritis and related musculoskeletal diseases, including research in implantable biomaterials and biomechanical and other orthopedic procedures and research in the development of new and improved orthopedic treatment methods.”"
(c)Section 434(b) of such Act is amended by adding at the end Research projects, grant applications, review. [42 USC 289c–1.](/us/usc/t42/s289c–1) thereof the following: “The Advisory Council shall review applications made to the Director for grants for research projects related to arthritis and related musculoskeletal diseases and shall recommend to the Director for approval those applications and contracts which the Council determines will best carry out the purposes of this part. The Advisory Council shall also review and evaluate the arthritis programs under this part and shall recommend to the Director such changes in the administration of such programs as it determines are necessary.” Approved January 4, 1975. Public Law 93–641: To amend the Public Health Service Act to assure the development of a national health policy and of effective State and area health planning and resources development programs, and for other purposes. Public Law 641 Public Law 93–641 88 Stat. 2225 1975-01-04 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public
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- Public Law 93–633
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- Public Law 94–580To provide technical and financial assistance for the development of management plans and facilities for the recovery of energy and other resources from discarded materials and for the safe disposal of discarded materials, and to regulate the management of hazardous waste
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- /statutes-at-large/vol-88/public-law-93-633Public Law 93–633
- Entitled the “Indian Self-Determination Amendments of 1987”Public Law 100–472
- To amend the Alaska Native Claims Settlement ActPublic Law 99–96
- /statutes-at-large/vol-48/public-law-168Public Law 168
- /statutes-at-large/vol-46/chapter-413-6444133Chapter 413
- /statutes-at-large/vol-88/public-law-93-262Public Law 93–262
- /statutes-at-large/vol-42/chapter-115Chapter 115
- /statutes-at-large/vol-81/public-law-90-40Public Law 90–40
- To amend the Act commonly known as the Miller Act to raise the dollar amount of contracts to which such Act applies from $2,000 to $25,000Public Law 95–585
- /statutes-at-large/vol-84/public-law-91-596Public Law 91–596
- /statutes-at-large/vol-79/public-law-89-10Public Law 89–10
- /statutes-at-large/vol-72/public-law-85-620Public Law 85–620
- /statutes-at-large/vol-46/chapter-409-6430101Chapter 409
- /statutes-at-large/vol-88/public-law-93-641Public Law 93–641
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- Transferred§ 450d
- Transferred§ 452
- Transferred§ 450e
- Definitions§ 1452
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- Transferred§ 450f
- Repealed or Transferred. Pub. L. 100–472, title II, § 201(b)(1), Oct. 5, 1988, 102 Stat. 2289§ 450g
- Hospitals and health facilities transferred to Public Health Service; restriction on closing hospitals§ 2001
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- Implementation of education, hospital and health facility, etc., contracts and grants by Public Health Service personnel; request for detail of personnel§ 2004b
- Detail of Service personnel§ 215
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- Local government programs and grants§ 4723
- Transferred§ 450i
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- Definitions§ 8901
- Definitions§ 8701
- Right of tribes to direct employment of persons engaged for them§ 48
- Transferred§ 450j
- Transferred§ 450k
- Transferred§ 450m
- Congressional statement of findings and declaration of purpose and policy§ 651
- Transferred§ 450n
- Transferred§ 455
- Transferred§ 456
- Transferred§ 457
- Transferred§ 458
- Transferred§ 458a
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- Transferred§ 458d
- Transferred§ 458e
- Exceptions; relief from disabilities§ 845
- The General Schedule§ 5332
- Peer review requirements§ 289a
154 references not yet in our index
- Pub. L. 93-633
- 49 USC 1801
- 49 USC 1802
- 49 USC 1803
- 88 Stat. 2157
- 49 USC 1804
- 49 USC 1805
- 88 Stat. 2158
- 49 USC 1806
- 46 USC 391a(2)
- 88 Stat. 2159
- 49 USC 1807
- 49 USC 1808
- 88 Stat. 2160
- 49 USC 1809
- 88 Stat. 2161
- 49 USC 1810
- 49 USC 1811
- 49 USC 1671
- 46 USC 170
- 88 Stat. 2162
- 49 USC 1471(a)(1)
- 49 USC 1472(h)
- 88 Stat. 2163
- 49 USC 1655(c)(1)
- 49 USC 1655(f)(3)(A)
- 49 USC 1655(f)(3)(B)
- 46 USC 170(6)
- Pub. L. 91-458
- 49 USC 1761–1762
- 88 Stat. 2164
- 49 USC 1812
- 45 USC 440
- 45 USC 431
- 45 USC 435
- 88 Stat. 2165
- 45 USC 438(b)
- 45 USC 39
- 88 Stat. 2166
- 45 USC 89
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