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SEC. 5. (a) Section 3221(c) of the Kailroad Retirement Tax Act is amended by substituting for the first sentence thereof the following: " I n addition to other taxes, there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, for each man-hour for which compensation is paid by such employer for services rendered to him during any calendar quarter, (1) at the rate of 2 cents for the period beginning November 1, 1966, and ending March 31, 1970, and (2) commencing April 1, 1970, at such rate as will make available for appropriation to the Eailroad Retirement Supplemental Account provided for in section 15(b) of the Railroad Retirement Act of 1937 sufficient funds to meet the obligation to pay supplemental annuities under section 3(j) of such Act and administrative expenses in connection therewith. For the purpose of this subsection, the Railroad Retirement Board is directed to determine what rate is required for each calendar quarter commencing with the quarter beginning April 1, 1970. The Railroad Retirement Board shall make the determinations provided for not later than fifteen days before each calendar quarter. As soon as practicable after each determination of the rate, as provided in this subsection, the Railroad Retirement Board shall publish a notice in the Federal Register, and shall advise all employers, employee representatives, and the Secretary of the Treasury, of the rate so determined." (b)(1) Section 3221 of such Act is further amended by inserting at the end thereof the following new subsection: " (d) Notwithstanding the provisions of subsection (c) of this section, the tax imposed by such subsection (c) shall not apply to an employer with respect to employees who are covered by a supplemental pension plan which is established pursuant to an agreement reached through collective bargaining between the employer and employees. There is hereby imposed on every such employer an excise tax equal to the amount of the supplemental annuity paid to each such employee under section 3(j) of the Railroad Retirement Act of 1937, plus a percentage thereof determined by the Railroad Retirement Board to be sufficient to cover the administrative costs attributable to such payments under section 3(j) of such Act." (2) The amendment made by paragraph (1) shall apply to (A) supplemental annuities paid on or after April 1, 1970, and (B) manhours with respect to which compensation is paid for services rendered to such employer on or after such day. SEC. 6. The Railroad Retirement Board is authorized to request the Secretary of the Treasury to transfer from the Railroad Retirement Account to the credit of the Railroad Retirement Supplemental Account such moneys as the Board estimates would be necessary for the payment of the supplemental annuities, provided for in section 3(j) of the Railroad Retirement Act of 1937, for the six months next following enactment of this Act and for administrative expenses necessary in the administration of such section 3(j) (which expenses are hereby authorized) until such time as an appropriation for such expenses is made pursuant to section 15(b) of such Act, and the Secretary shall make such transfer. The Railroad Retirement Board shall request the Secretary of the Treasury, at any time before the expiration of one year following the enactment of this Act, to retransfer from the Railroad Retirement Supplemental Account to the credit of the Railroad Retirement Account the amount transferred to the Railroad Retirement Supplemental Account pursuant to the next preceding sentence, plus interest at a rate equal to the average rate of interest borne by all special obligations held by the Railroad Retirement Account on the last day of the fiscal year ending on June 30, 1970, rounded to the nearest multiple of one-eighth of 1 per centum, and the Secretary shall make such retransfer.

71 Excise tax. 80 Stat. 1078. 26 USC 3 2 2 1.

80 Stat. 1074; Ante, p. 70. 45 USC 228o. Ante, p. 70.

Publication in Federal Register.

73 Stat. 29; 80 Stat. 1078.

Transfer of funds.

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72 48 Stat. 1185; 54 Stat. 785. 45 USC 151. 50 Stat. 307. 45 USC 228a et seq. 50 Stat. 316; 77 Stat. 220. 45 USC 228o.

80 Stat. 1079. 25 USC 3211 note. Separability provision.

[84 STAT.

SEC. 7. No carrier and no representative of employees, as defined in section 1 of the Railway Labor Act, shall, before April 1, 1974, utilize any of the procedures of such Act to seek to make any changes in the provisions of the Railroad Retirement Act of 1937 for supplemental annuities or to establish any new class of pensions or annuities, other than annuities payable out of the Railroad Retirement Account provided under section 15(a) of the Railroad Retirement Act of 1937, to become effective prior to July 1, 1974; nor shall any such carrier or representative of employees until July 1, 1974, engage in any strike or lockout to seek to make any such changes or to establish any such new class of pensions or annuities: Provided, That nothing in this section shall inhibit any carrier or representative of employees from seeking any change with respect to benefits payable out of the Railroad Retirement Account provided under section 15(a) of the Railroad Retirement Act of 1937. SEC. 8. Section 301(f) of the Act of October 30, 1966 (Public Law 89-699), is amended by striking out "for sixty months". SEC. 9. If any provision of this Act or the application thereof to any person or circumstances is held invalid, the remainder of this Act, and the application of such provision to other persons or circumstances, shall not be affected thereby. Approved March 17, 1970.

Public Law 91-216 March 17, 1970 [H. R. 13008]

Job Evaluation Policy Act of 1970.

AN ACT To improve position classification systems within tlxe executive branch, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Job Evaluation Policy Act of 1970". TITLE I—CONGRESSIONAL FINDINGS W I T H RESPECT TO J O B EVALUATION AND RANKING IN THE EXECUTIVE BRANCH

63 Stat. 954, 972; 80 Stat. 4 4 3. 5 USC 5101 et seq and note s.

SEC. 101. The Congress hereby finds that— (1) the tremendous growth required in the activities of the Federal Government in order to meet the country's needs during the past several decades has led to the need for employees in an everincreasing and changing variety of occupations and professions, many of which did not exist when the basic principles of job evaluation and ranking were established by the Classification Act of 1923. The diverse and constantly changing nature of these occupations and professions requires that the Federal Government reassess its approach to job evaluation and ranking better to fulfill its role as an employer and assure efficient and economical administration; (2) the large number and variety of job evaluation and ranking systems in the executive branch have resulted in significant inequities in selection, promotion, and pay of employees in comparable positions among these systems; (3) little effort has been made by Congress or the executive branch to consolidate or coordinate the various job evaluation and ranking systems, and there has been no progress toward the estab-

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lishment of a coordinated system in which job evaluation and ranking, regardless of the methods used, is related to a unified set of principles providing coherence and equity throughout the executive branch; (4) within the executive branch, there has been no significant study of, or experimentation with, the several recognized methods of job evaluation and ranking to determine which of those methods are most appropriate for use and application to meet the present and future needs of the Federal Government; and (5) notwithstanding the recommendations resulting from the various studies conducted during the last twenty years, the Federal Government has not taken the initiative to implement those recommendations with respect to the job evaluation and ranking systems within the executive branch, with the result that such systems have not, in many cases, been adapted or administered to meet the rapidly changing needs of the Federal Government. TITLE II—STATEMENT OF POLICY SEC. 201. I t is the sense of Congress that— (1) the executive branch shall, in the interest of equity, eificiency, and good administration, operate under a coordinated job evaluation and ranking system for all civilian positions, to the greatest extent practicable; (2) the system shall be designed so as to utilize such methods of job evaluation and ranking as are appropriate for use in the executive branch, taking into account the various occupational categories of positions therein; and (3) the United States Civil Service Commission shall be authorized to exercise general supervision and control over such a system. TITLE III—PREPARATION OF A JOB EVALUATION AND R A N K I N G P L A N BY THE C IV I L SERVICE COMMISSION A N D R E P O R T S AND R E C O M M E N D A T I O N S TO CONGRESS SEC. 301. The Civil Service Commission, through such organizational unit which it shall establish within the Commission and which shall report directly to the Commission, shall prepare a comprehensive plan for the establishment of a coordinated system of job evaluation and ranking for civilian positions in the executive branch. The plan shall include, among other things— (1) provision for the establishment of a method or methods for evaluating jobs and alining them by level; (2) a time schedule for the conversion of existing job evaluation and ranking systems into the coordinated system; (3) provision that the Civil Service Commission shall have general supervision of and control over the coordinated job evaluation and ranking system, including, if the Commission deems it appropriate, the authority to approve or disapprove the adoption, use and administration in the executive branch of the method or methods established under that system; (4) provision for the establishment of procedures for the periodic review by the Civil Service Commission of the effectiveness of the method or methods adopted for use under the system; and (5) provision for maintenance of the system to meet the changing needs of the executive branch in the future.

73

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80 Stat. 379.

Interim reports to Congress.

PUBLIC LAW 91-217-MAR. 19, 1970

[84 STAT.

SEC. 302. In carrying out its functions under section 301 of this Act, the Commission shall consider all recognized methods of job evaluation and ranking. SEC. 303. The Civil Service Commission is authorized to secure directly from any executive agency, as defined by section 105 of title 5, United States Code, or any bureau, office, or part thereof, information, suggestions, estimates, statistics, and technical assistance for the purposes of this Act; and each such executive agency or bureau, office, or part thereof is authorized and directed to furnish such information, suggestions, estimates, statistics, and technical assistance directly to the Civil Service Commission upon request by the Commission. SEC. 304. (a) Within one year after the date of enactment of this Act, the Commission shall submit to the President and the Congress an interim progress report on the current status and results of its activities under this Act, together with its current findings. (b) Within two years after the date of enactment of this Act— (1) the Civil Service Commission shall complete its functions under this Act and shall transmit to the President a comprehensive report of the results of its activities, together with its recommendations (including its draft of proposed legislation to carry out such recommendations), and (2) the President shall transmit that report (including the recommendations and draft of proposed legislation of the Commission) to the Congress, together with such recommendations as the President deems appropriate. (e) The Commission shall submit to the Committees on Post Office and Civil Service of the Senate and House of Representatives once each calendar month, or at such other intervals as may be directed by those committees, or either of them, an interim progress report on the then current status and results of the activities of the Commission under this Act, together with the then current findings of the Commission. (d) The Commission shall periodically consult with, and solicit the views of, appropriate employee and professional organizations. (e) The organizational unit established under section 301 of this Act shall cease to exist upon the submission of the report to the Congress under subsection (b) of this section. Approved March 17, 1970. ^

Public Law 91-217 March 19, 1970 [ H. R. 14944]

Executive Mansion and foreign embassies. Police protection. 62 Stat. 679. 3 USC 202-208

76 Stat. 95.

AN ACT To authorize an adequate force for the protection of the Executive Mansion and foreign embassies, and for other purposes.

Be it enacted by the Senate and House of Representathes of the United States of ATneiica in Congress assembled. That chapter 3 of title 3 of the United States Code is amended as follows— (1) by striking the words "White House Police force'' whenever they appear in the chapter and inserting in lieu thereof the words "Executive Protective Service"; (2) by striking the words "White House Police" whenever they appear m the chapter and inserting in lieu thereof "Executive Protective Service"; (3) by striking the second sentence of section 202 and inserting in lieu thereof, the following: "Subject to the supervision of the Secretary of the Treasury, the Executive Protective Service shall

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perform such duties as the Director, United States Secret Service, may prescribe in connection with the protection of the following: (1) the Executive Mansion and grounds in the District of Columbia; (2) any building in which Presidential oiRces are located; (3) the President and members of his immediate family; (4) foreign diplomatic missions located in the metropolitan area of the District of Columbia; and (6) foreign diplomatic missions located in such other areas in the United States, its territories and possessions, as the President, on a case-by-case basis, may direct."; (4) by striking the words "two hundred and fifty" in the first sentence of subsection (a) of section 203 and inserting in lieu thereof "eight hundred and fifty"; (5) by striking out the last two sentences of section 203(a); (6) by amending section 203(b) to read as follows: " (b) Members of the Executive Protective Service shall be recruited under the civil service laws and regulations on a nationwide basis. Members of such Service may also be appointed from the members of the Metropolitan Police force and the United States Park Police force from lists furnished by the officers in charge of such forces. Whenever any vacancy is created in the Metropolitan Police force or the United States P a r k Police force as the result of an appointment to the Executive Protective Service, such vacancy shall be filled in the manner provided by law. I n the period of time which follows the date of enactment of this sentence and precedes January 1, 1975, not more than thirty members of the Metropolitan Police force may be appointed annually to the Executive Protective Service." (7) by striking out section 205; and (8) by striking out in section 206 "Members appointed pursuant to section 205 of this title" and inserting in lieu thereof "Members of the Executive Protective Service not appointed from the Metropolitan Police force or the United States P a r k Police force". Approved March 19, 1970.

75

66 Stat. 283; 76 Stat. 95.

62 Stat. 680. Recruiting procedure.

Limitation.

Civil service appointees, privileges. 62 Stat. 6 8 1.

Public Law 91-218 AN ACT To increase the authorization for appropriation for continuing work in the Missouri River Basin by the Secretary of the Interior.

March 25, 1970 [S. 3427]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby Missouri River authorized to be appropriated for fiscal years 1971 and 1972 the sum of A^ppjopriation $32,000,000 for continuing the works in the Missouri Eiver Basin to be authorization, undertaken by the Secretary of the Interior pursuant to the compre- i n c r e a s e. hensive plan adopted by section 9(a) of the Act approved December 22, 1944 (Public Law Numbered 534, Seventy-eighth Congress), as amended and supplemented by subsequent Acts of Congress. No part 58 Stat. 8 9 1; 82 Stat. 129. of the funds hereby authorized to be appropriated shall be available to initiate construction of any unit of the Missouri River Basin project, whether included in said comprehensive plan or not. Approved March 25, 1970.

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[84 STAT.

Public Law 91-219 March 26, 1970 [H. R. 11959]

Veterans Education and Training Amendments Act of 1970.

AN ACT To amend chapters 31, 34, and 35 of title 38, United States Code, in order to increase the rates of vocational rehabilitation, educational assistance, and special training allowance paid to eligible veterans and persons under such chapters; to amend chapters 34, 35, and 36 of such title to make certain improvements in the educational programs for eligible veterans and dependents; and for other purposes.

Be it enacted by the Seriate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Veterans Education and Training Amendments Act of 1970". TITLE I — I N C R E A S E I N E D U C A T I O N A L A N D VOCAT I O N A L R E H A B I L I T A T I O N S U B S I S T E N C E ALLOWANCES

79 Stat. 5 76; 82 Stat. 447.

SEC. 101. Section 1504(b) of title 38, United States Code, is amended to read as follows: " (b) The subsistence allowance of a veteran-trainee is to be determined in accordance with the following table, and shall be the monthly amount shown in column II, III, or IV (whichever is applicable as determined by the veteran's dependency status) opposite the appropriate type of training as specified in column I: "Column I

Column II

Column III

Column IV

Type ol training

No dependents

One dependent

Two or more dependents

Institutional: Full-time .-Half-time.. _ Institutionalon-farm, apprentice, orother on-job training: Full-time

72 Stat. 1121; 79 Stat. 576, 1154.

Flight training. 81 Stat. 185.

$135 98 67

$181 133 91

118

153

$210 156 102 181".

Where any full-time trainee has more than two dependents and is not eligible to receive additional compensation as provided by section 315 or section 335 (whichever is applicable) of this title, the subsistence allowance prescribed in column IV of the foregoing table shall be increased by an additional $6 per month for each dependent in excess of two." S E C 102. The last sentence of section 1677(b) of title 38, United States Code, is amended by striking out in the last sentence thereof "$130" and inserting in lieu thereof " | l 7 5 ". S E C 103. (a) The table (prescribing educational assistance allowance rates for eligible veterans pursuing educational programs on half-

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84 STAT. ]

time or more basis) contained in paragraph (1) of section 1682(a) of title 38, United States Code, is amended to read as follows: "Column I Type of program

Column II

Column III

Column IV

Column V

No depend- One depend- Two dependent ents ents

Institutional: Full-time Three-quarter-time Half-time Cooperative

^^ Stat. i84.

More than two dependents The amount in column IV, plus the following for each dependent in excess of two:

$175 128 81 141

$230 177 114 192

$205 152 100 167

$13 10 7 10".

(b) Section 1682(b) of such title is amended by striking out "$130" and inserting in lieu thereof "$175". (c) Section 1682(c)(2) of such title is amended by striking out "$130" and inserting in lieu thereof "$175". (d) The table (prescribing educational assistance allowance rates for eligible veterans pursuing a farm cooperative program) contained in section 1682(d)(2) of such title is amended to read as follows: "Column I

Column II

Column III

Column IV

Column V

Basis

No dependents

One dependent

Two dependents

More than two dependents

$190 138 92

82 Stat. 1333.

The amount in column IV, plus the following for each dependent in excess of two: $10 7 4".

$141 101 67

Full-time.. Half-time

$165 119 79

(e) The table (prescribing educational assistance allowance rates for eligible veterans pursuing an apprenticeship or other on-job training) contained in section 1683(b) of such title is amended to read as follows: "Periods of training

First 6 months Third 6 months Fourth and any succeeding 6-month periods

No dependents

One dependent

$108 81 54 27

$120 92 66 39

Two or more dependents $133 105 79 62".

SEC. 104. (a) Section 1732(a) of title 38, United States Code, is amended to read as follows: " (a)(1) The educational assistance allowance on behalf of an eligible person who is pursuing a program of education consisting of institutional courses shall be computed at the rate of (A) $175 per month if pursued on a full-time basis, (B) $128 per month if pursued on a three-quarter-time basis, and (C) $81 per month if pursued on a half-time basis. "(2) The educational assistance allowance on behalf of an eligible person pursuing a program of education on less than a half-time basis

47-348 O - 72 - 9 (Pt. 1)

81 Stat. 186.

Allowance computation. 72 Stat. 1198; 79 Stat. 896.

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78

72 Stat. 1198; 79 Stat. 896. Special training allowance.

[84 STAT.

shall be computed at the rate of (A) the established charges for tuition and fees which the institution requires other individuals enrolled in the same program to pay, or (B) $175 per month for a ^full-time course, whichever is the lesser." (b) Section 1732(b) of such title is amended by striking out "$105" and inserting in lieu thereof "$141". (c) Section 1742(a) of such title is amended to read as follows: " (a) While the eligible person is enrolled in and pursuing a fulltime course of special restorative training, the parent or guardian shall be entitled to receive on his behalf a special training allowance computed at the basic rate of $175 per month. If the charges for tuition and fees applicable to any such course are more than $55 per calendar month the basic monthly allowance may be increased by the amount that such charges exceed $55 a month, upon election by the parent or guardian of the eligible person to have such person's period of entitlement reduced by one day for each $6.80 that the special training allowance paid exceeds the basic monthly allowance." TITLE II—MISCELLANEOUS AMENDMENTS TO VETERANS' AND DEPENDENTS' EDUCATION PROGRAMS

"Program of education." 80 Stat. 13.

"Educational institution."

Certain courses, disapproval.

Flight training. 81 Stat. 185.

SEC. 201. (a) Subsection (b) of section 1652 of title 38, United States Code, is amended by adding at the end thereof a new sentence as follows: "Such term also means any curriculum of unit courses or subjects pursued at an educational institution which fulfill requirements for the attainment of more than one predetermined and identified educational, professional, or vocational objective if all the objectives pursued are generally recognized as being reasonably related to a single career field." (b) Subsection (c) of section 1652 of such title is amended to read as follows: "(c) The term 'educational institution' means any public or private elementary school, secondary school, vocational school, correspondence school, business school, junior college, teachers' college, college, normal school, professional school, university, or scientific or technical institution, or other institution furnishing education for adults." SEC. 202. Section 1673(a) of title 38, United States Code, is amended to read as follows: " (a) The Administrator shall not approve the enrollment of an eligible veteran in— "(1) any bartending course or personality development course; "(2) any sales or sales management course which does not provide specialized training within a specific vocational field, unless the eligible veteran or the institution offering such course submits justification showing that at least one-half of the persons completing such course over the preceding two-year period have been employed in the sales or sales management field; or "(3) any type of course which the Administrator finds to be avocational or recreational in character unless the veteran submits justification showing that the course will be of bona fide use in the pursuit of his present or contemplated business or occupation." SEC. 203. (a) Subsection (a) of section 1677 of title 38, United States Code, is amended by striking out the material preceding clause (1) and inserting in lieu thereof the following:

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79

" (a) The Administrator may approve the pursuit by an eligible veteran of flight training where such training is generally accepted as necessary for the attainment of a recognized vocational objective in the field of aviation or where generally recognized as ancillary to the pursuit of a vocational endeavor other than aviation, subject to the following conditions:". (b) Section 1677(a)(1) of such title is amended by deleting "or 81 Stat. 185. must have satisfactorily completed the number of hours of flight training instruction required for a private pilot's license,". SEC. 204. (a) Chapter 34 of title 38, United States Code, is amended by— 82 Stat. 1331. (1) striking out "section 1678 of this title'' in section 1661(c) and inserting "subchapters V and VI of this chapter"; (2) Striking out section 1678; si Stat. iss. ^ < inserting. immediately after the period at,the end of section computation. . ~ -. .. • . - ., « .. Allowance •' (3). 1682(b) the following: "Notwithstanding provisions of section so Stat. i8 81 Stat. 184. 1681 of this title, payment of the educational assistance allowance provided by this subsection may, and the educational assistance allowance provided by section 1696(b) shall, be made to an eligible Post, p. 8 1. veteran in an amount computed for the entire quarter, semester, or term during the month immediately following the month in which certification is received from the educational institution that the veteran has enrolled in and is pursuing a program at such institution."; and (4) adding at the end of chapter 34 the following new sub- 8i^statr'i86? chapters: 38 USC i65i1687.

"Subchapter V—Special Assistance for the Educationally Disadvantaged "§ 1690. Purpose " I t is the purpose of this subchapter (1) to encourage and assist veterans who have academic deficiencies to attain a high school education or its equivalent and to qualify for and pursue courses of higher education, (2) to assist eli^ble veterans to pursue postsecondary education througn tutorial assistance where required,*and (3) to encourage educational institutions to develop programs which provide special tutorial, remedial, preparatory, or other educational or supplementary assistance to such veterans. "§1691. Elementary and secondary education and preparatory educational assistance " (a) I n the case of any eligible veteran not on active duty who— "(1) has not received a secondary school diploma (or an equivalency certificate) at the time of his discharge or release from active duty, or "(2) in order to pursue a program of education for which he would otherwise be eligible, needs refresher courses, deficiency courses, or other preparatory or special educational assistance to qualify for admission to an appropriate educational institution, the Administrator may, without regard to so much of the provisions of section 1671 as prohibit the enrollment of an eligible veteran in a program of education in which he is 'already qualified', approve the enrollment of such veteran in an appropriate course or courses or other special educational assistance program. " (b) The Administrator shall pay to an eligible veteran pursuing

•"^'

8° Stat. is.

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AnH^^!"77J' 80 Stat. 18;

82 Stat. 1331.

PUBLIC LAW 91-219-MAR. 26, 1970

[84 STAT.

a course or courses or program pursuant to subsection (a) of this section, an educational assistance allowance as provided in sections 1681 ^^d 1^82 (^) ^^ (^) ^f *^is title; except that no enrollment in adult evening secondary school courses shall be approved in excess of halftime training as defined pursuant to section 1684 of this title. "§ 1692. Special supplementary assistance " (a) In the case of any eligible veteran who— "(1) is enrolled in and pursuing a postsecondary course of education on a half-time or more basis at an educational institution; and " (2) has a marked deficiency in a subject required as a part of, or which is prerequisite to, or which is indispensable to the satisfactory pursuit of, an approved program of education, the Administrator may approve individualized tutorial assistance for such veteran if such assistance is necessary for the veteran to complete such program successfully. " (b) The Administrator shall pay to an eligible veteran receiving tutorial assistance pursuant to subsection (a) of this section, in addition to the educational assistance allowance provided in section 1682 of this title, the cost of such tutorial assistance in an amount not to exceed $50 per month for a maximum of nine months, upon certification by the educational institution that— " (1) the individualized tutorial assistance is essential to correct a marked deficiency of the eligible veteran in a subject required as a part of, or which is prerequisite to, or which is indispensable to the satisfactory pursuit of, an approved program of education; " (2) the tutor chosen to perform such assistance is qualified; and " (3) the charges for such assistance do not exceed the customary charges for such tutorial assistance. "§ 1693. Effect on educational entitlement "The educational assistance allowance or cost of individualized tutorial assistance authorized by this subchapter shall be paid without charge to any period of entitlement the veteran may have earned pursuant to section 1661(a) of this title. "Subchapter VI—Predischarge Education Program

PREP. "Eligible

person

"§1695. Purpose; definition " (a) The purpose of this subchapter is to encourage and assist veterans in preparing for their future education, training, or vocation by providing them with an opportunity to enroll in and pursue a program of education or training prior to their discharge or release from active duty with the Armed Forces. The program provided for under this subchapter shall be known as the Predischarge Education Program (PREP). «(^^ Yov the purposes of this subchapter, the term 'eligible person' means any person serving on active duty with the Armed Forces who has completed more than 180 consecutive days of such active duty service as certified to the Administrator by the Secretary concerned. " (a) The Administrator shall, under such regulations as he shall prescribe after consultation with the Secretary of Defense, pay the educational assistance allowance as computed in subsection (b) of this section to an eligible person enrolled in and pursuing (1) a course or
 * § 1696. Payment of educational assistance allowance

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PUBLIC LAW 91-219-MAR. 26, 1970

courses offered by an educational institution (other than by correspondence) and required to receive a secondary school diploma, or (2) any deficiency, remedial, or refresher course or courses offered by an educational institution and required for or preparatory to the pursuit of an appropriate course or training program in an approved educational institution or training establishment. "(b) The educational assistance allowance of an eligible person pursuing education or training under this subchapter shall be computed at the rate of (1) the established charges for tuition and fees which the educational institution requires similarly circumstanced nonveterans enrolled in the same or a similar program to pay, and the cost of books and supplies peculiar to the course which such educational institution requires similarly circumstanced nonveterans enrolled in the same or a similar program to have, or (2) $175 per month for a full-time course, whichever is the lesser. "(c) The educational assistance allowance authorized by this section shall be paid without charge to any period of entitlement earned pursuant to section 1661(a) of this title. "§ 1697. Educational and vocational guidance "The Administrator shall, to the extent that professional counselors are available, provide, by contract or otherwise, educational and vocational guidance to persons eligible for educational assistance under this subchapter." (b) The table of sections at the beginning of chapter 34 of title 38, United States Code, is amended by striking out

82 Stat. 1331.

"1678. Special training for the educationally disadvantaged.";

and by adding at the end thereof the following: "8UBCHAPTEB V—SPECIAL ASSISTANCE

FOR THE EDUCATIONALLY

DISADVANTAGED

"1690. Purpose. "1691. Elementary and secondary education and preparatory assistance. "1692. Special supplementary assistance. "1693. Effect on educational entitlement. "SUBCHAPTER

VI—PREDISCHARGE EDUCATION

educational

PROGRAM

"1695. Purpose: definition. "1696. Payment of educational assistance allowance. "1697. Educational and vocational guidance." SEC. 205. Section 1681(d) of title 38, United States Code, is amended a sEducational sistance by inserting below clause (2) the following: "Notwithstanding the allowance. foregoing, the Administrator may pay an educational assistance allow- 80 Stat. 17. ance representing the initial payment of an enrollment period, not exceeding one full month, upon receipt of a certificate of enrollment." Course SEC. 206. (a) Section 1684(a) of title 38, United States Code, is measurement. amended by— 80 Stat. 19; (1) striking out "and" after the semicolon in clause (2); and 81 Stat. 186. (2) striking out clause (3) and inserting in lieu thereof the following: " (3) an academic high school course requiring sixteen units for a full course shall be considered a full-time course when a minimum of four units per year is required. For the purpose of this clause, a unit is defined to be not less than one hundred and twenty sixtyminute hours or their equivalent of study in any subject in one academic year; and "(4) an institutional undergraduate course offered by a college or university on a quarter- or semester-hour basis for which credit is granted toward a standard college degree shall be considered a full-time course when a minimum of fourteen semester hours or its

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72 Stat. 1198.

38 USC 17001766

82 Stat. 1332.

[84 STAT.

equivalent is required; except that where such college or university certifies, upon the request of the Administrator, that (A) full-time tuition is charged to all undergraduate students carrying a minimum of less than fourteen semester hours or the equivalent thereof, or (B) all undergraduate students carrying a minimum of less than fourteen semester hours or the equivalent thereof are considered to be pursuing a full-time course for other administrative purposes, then such an institutional undergraduate course offered by such college or university with such minimum number of semester hours, for which credit is granted toward a standard college degree, shall be considered a full-time course, but in the event such minimum number of semester hours under (B) is less than twelve hours or the equivalent thereof, then twelve semester hours or the equivalent thereof shall be considered a full-time course. Notwithstanding the provisions of clause (4), a veteran shall be considered to be pursuing a full-time course at a junior college, college, or university if (A) he is carrying a number of semester hours, or the equivalent tnereof, necessary to be considered a full-time course under clause (4), (B) credit is granted toward a standard college degree for not less than half the number of those hours, and (C) he is carrying one or more courses for which no credit is granted toward such a degree but which he is required to take because of a deficiency in his education." (j^) Section 1733(a)(3) of such title is amended to read as follows: " (3) an institutional undergraduate course offered by a college or university on a quarter- or semester-hour basis for which credit is granted toward a standard college degree shall be considered a full-time course when a minimum of fourteen semester hours or its equivalent is required; except that where such college or university certifies, upon the request of the Administrator, that (A) full-time tuition is charged to all undergraduate students carrying a minimum of less than fourteen semester hours or the equivalent thereof, or (B) all undergraduate students carrying a minimum of less than fourteen semester hours or the equivalent thereof are considered to be pursuing a full-time course for other administrative purposes, then such an institutional undergraduate course offered by such a college or university with such minimum number of semester hours, for which credit is granted toward a standard college degree, shall be considered a full-time course, but in the event such minimum number of semester hours under clause (B) is less than twelve hours or the equivalent thereof, then twelve semester hours or the equivalent thereof shall be considered a full-time course." SEC. 207. (a) Chapter 35 of title 38, United States Code, is amended by adding at the end of subchapter VI thereof a new section as follows: "§ 1763. Notification of eligibility "The Administrator shall notify the parent or guardian of each eligible person defined in section 1701(a)(1)(A) of this chapter of the educational assistance available to such person under this chapter. Such notification shall be provided not later than the month in which such eligible person attains his thirteenth birthday or as soon thereafter as feasible." (b) The table of sections at the beginning of chapter 35 of such title is amended by inserting immediately below "1762. Nonduplication of benefits."

the following: "1763. Notification of eligibility.".

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 84 STAT. ]

83

PUBLIC LAW 91-219-MAR. 26, 1970

SEC. 208. Section 1712 of title 38, United States Code, is amended by(1) deleting in subsection (a)(3) the words "first occurs" immediately preceding " (A) " and inserting in lieu thereof "last occurs"; and (2) adding at the end thereof a new subsection as follows: "(e) The term 'first finds' as used in this section means the effective date of the rating or date of notification to the veteran from whom eligibility is derived establishing a service-connected total disability permanent in nature whichever is more advantageous to the eligible person." SEC. 209. Section 1723(a) of title 38, United States Code, is amended to read as follows: " (a) The Administrator shall not approve the enrollment of an eligible person in— " (1) any bartending course or personality development course; "(2) any sales or sales management course which does not provide specialized training within a specific vocational field, unless the eligible person or the institution offering such course submits justification showing that at least one-half of the persons completing such course over the preceding two-year period have been employed in the sales or sales management field; or ''(3) any type of course which the Administrator finds to be avocational or recreational in character unless the eligible person submits justification showing that the course will be of bona fide use in the pursuit of his present or contemplated business or occupation." SEC. 210. Section 1732(c) of title 38, United States Code, is amended to read as follows: "(c) If a program of education is pursued by an eligible person at an institution located in the Republic of the Philippines, the educational assistance allowance computed for such person under this section shall be paid at a rate in Philippine pesos equivalent to $0.50 for each dollar." SEC. 211. Section 1772 of title 38, United States Code, is amended by adding at the end thereof a new subsection (c) as follows: "(c) I n the case of programs of apprenticeship where— "(1) the standards have been approved by the Secretary of Labor pursuant to section 50a of title 29 as a national apprenticeship program for operation in more than one State, and "(2) the training establishment is a carrier directly engaged in interstate commerce which provides such training in more than one State, the Administrator shall act as a 'State approving agency' as such term is used in section 1683(a)(1) of this title and shall be responsible for the approval of all such programs.-" SEC. 212. Section 1777(a) of title 38, United States Code, is amended by inserting "and supervised" immediately after "organized". SEC. 213. Chapter 36 of title 38, United States Code, is amended as follows: (1) by deleting section 1781 of subchapter II in its entirety and inserting in lieu thereof the following: ''§ 178L Limitations on educational assistance "No educational assistance allowance or special training allowance granted under chapter 34 or 35 of this title shall be paid to any eligible person (1) who is on active duty and is pursuing a course of education which is being paid for by the Armed Forces (or by the Department of Health, Education, and Welfare in the case of the Public

War orphans; eligibility period. 78 Stat. 297.

Enrollqaent; excepted courses. 72 Stat. 1196.

Educational assistance allowance.

Courses, approval, 77 Stat, 158.

SO Stat. 665.

"State approving agency." 81 Stat. 186.

80 Stat. 20. 38 USC 17701791.

38 USC 1651, 1700.

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Page:United States Statutes at Large Volume 84 Part 1.djvu/136

 84 80 Stat. 432. 5 USC 41014118.

72 Stat. 1114; 79 Stat. 1110. 38 USC 201236.

PUBLIC LAW 91-219-MAR. 26, 1970

[84 STAT.

Health Service); or (2) who is attending a course of education or training paid for under the Government Employees' Training Act and whose ftill salary is being paid to him while so training."; and (2) by deleting in the table of sections at the beginning of such chapter the following: "1781. Nonduplication of benefits." and inserting in lieu thereof the following: "1781. Limitations on educational assistance." SEC. 214. (a) Chapter 3 of title 38, United States Code, is amended by adding at the end thereof a new subchapter as follows: "Subchapter IV—Veterans Outreach Services Program

" Other governmental programs." "Eligible dependent," 82 Stat. 1332.

"§240. Purpose; definitions " (a) The Congress declares that the outreach services program authorized by this subchapter is for the purpose of insuring that all veterans, especially those who have been recently discharged or released from active military, naval, or air service and those who are eligible for readjustment or other benefits and services under laws administered by the Veterans' Administration are provided timely and appropriate assistance to aid them in applying for and obtaining such benefits and services in order that they may achieve a rapid social and economic readjustment to civilian life and obtain a higher standard of living for themselves and their dependents. The Congress further declares that the outreach services program authorized by this subchapter is for the purpose of charging the Veterans' Administration with the affirmative duty of seeking out eligible veterans and eligible dependents and providing them with such services. "(b) For the purposes of this subchapter, {1) the term 'other governmental programs' shall include all programs under State or local laws as well as all programs under Federal law other than those authorized by this title, and (2) the term 'eligible dependent' means an 'eligible person' as defined in section 1701(a)(1) of this title. "§ 241. Outreach services "The Administrator shall provide the following outreach services: "(1) by letter advise each veteran at the time of his discharge or release from active military, naval, or air service, or as soon as possible thereafter, of all benefits and services under laws administered by the Veterans' Administration for which the veteran may be eligible and, in carrying out this paragraph, the Administrator shall give priority to so advising those veterans who, on the basis of their military service records, do not have a high school education or equivalent at the time of discharge or release; "(2) distribute full information regarding all benefits and services to which they may be entitled under laws administered by the Veterans' Administration and may, to the extent feasible, distribute information on other governmental programs (including manpower and training programs) which he determines would be beneficial to veterans; and '-(3) provide, to the maximum extent possible, aid and assistance (including personal interviews) to members of the Armed Forces, veterans, and eligible dependents in respect to clauses (1) and (2) above and in the preparation and presentation of claims under laws administered by the Veterans' Administration.

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 84 STAT. ]

PUBLIC LAW 91-219-MAR. 26, 1970

"§ 242. Veterans assistance offices " (a) The Administrator shall establish and maintain veterans assistance offices at such places throughout the United States and its territories and possessions, and the Commonwealth of Puerto Rico, as he determines to be necessary to carry out the purposes of this subchapter, with due regard for the geographical distribution of veterans recently discharged or released from active military, naval, or air service, the special needs of educationally disadvantaged veterans (including their need for accessibility of outreach services), and the necessity of providing appropriate outreach services in less populated areas. "(b) The Administrator may implement such special telephone service as may be necessary to make the outreach services provided for under this subchapter as widely available as possible. "§ 243. Utilization of other agencies " I n carrying out the purposes of this subchapter, the Administrator may— " (1) arrange with the Secretary of Labor for the State employment service to match the particular qualifications of an eligible veteran or eligible dependent with an appropriate job or job training opportunity, to include where possible, arrangements for outstationing the State employment personnel who provide such assistance at appropriate facilities of the Veterans' Administration; " (2) cooperate with and use the services of any Federal department or agency or any State or local governmental agency or recognized national or other organization; " (3) where appropriate, make referrals to any Federal department or agency or State or local governmental unit or recognized national or other organization; " (4) at his discretion, furnish available space and office facilities for the use of authorized representatives of such governmental unit or other organization providing services; and "(5) conduct studies in consultation with appropriate Federal departments and agencies to determine the most effective program design to carry out the purposes of this subchapter. "§ 244. Report to Congress "The Administrator shall include in the annual report to the Congress required by section 214 of this title a report on the activities carried out under this subchapter, each report to include an appraisal of the effectiveness of the programs authorized herein and recommendations for the improvement or more effective administration of such programs." (b) The table of sections at the beginning of chapter 3 of such title is amended by inserting immediately after

85

72 Stat. 1115.

"236. Administrative settlement of tort claims arising in foreign countries."

the following: "SUBCHAPTER IV—VETERANS OUTREACH SERVICES PROGRAM

"240. "241. "242. "243. "244.

Purpose; definitions. Outreach services. Veterans assistance offices. Utilization of other agencies. Report to Congress."

215. (a) Section 504 of the Act of October 15, 1968, entitled ^^^P^^J- ^^^^ "An Act to amend the Public Health Service Act so as to extend and 38 us^c iVsi' improve the provisions relating to regional medical programs, to ""t^* extend the authorization of grants for health of migratory agriculSEC.

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Page:Folk-lore - A Quarterly Review. Volume 15, 1904.djvu/30

 16 curse performed in heathen fashion, with one foot, one hand, one eye, and one breath, could cause death. He was an augur and could interpret dreams and find lucky days. He could hide his clients from their foes under magic fogs or by means of shape-changing. He could make a lethe-drink, could raise the elements, and by his magic wisp, the dlui fulle, he could cause insanity or idiocy. The privileges of the poets were so great, and such full advantage was taken of them, that they were twice publicly attacked, and only saved by powerful intercession. Public banquets were made in honour of the poets as late as 1451, and their circuits were continual sources of easy emolument. There was every encouragement for a man of good birth, fine wit, to enter the Ollamh's school, and become historian, poet, tale-teller, or judge, to his clan. For from the ranks of trained scholars the hereditary poets and judges (brehons) were chosen. Remnants of this organisation went on to the beginning of the seventeenth century, when it passed away after at least 1800 years of existence from the days of Cæsar to those of James II. The oral teaching in the little dark huts of the scholars that flocked from various quarters, the system of memorising vast masses of verse and prose, dealing with various natural and human phenomena deemed of the highest importance, the privileges of the doctors and the generous maintenance of the scholars, were alike under


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 PUBLIC LAW 91-220-MAR. 31, 1970

86

Repeal. 82 Stat. 20 USC note. 20 USC note, 401 981 note, note.

1063. 1060 1001 note, 701

[84 STAT.

tural workers, to provide for specialized facilities for alcoholics and narcotic addicts, and for other purposes" is hereby repealed. (b) Section 506 of the Act of October 16, 1968, entitled "An Act to amend the Higher Education Act of 1965, the National Defense Education Act of 1958, the National Vocational Student Loan Insurance Act of 1965, the Higher Education Facilities Act of 1963, and related Acts" is hereby repealed. TITLE III—EFFECTIVE DATE SEC. 301. Title I of this Act takes effect February 1, 1970. Approved March 26, 1970.

P u b l i c Law 91-220 March 31, 1970 [S. 858]

wheat a c r e a g e allotments. Tulelake area, ealif. 72 Stat. 101; 77 Stat. 79.

79 Stat. 1202; i2 Stat. 996. 7 USC 1379b.

76 Stat. 622. 7 USC 1339.

 * ..<|.,.„,>.,. ^. i.,; ^ ^

=-

AN ACT To amend the Agricultural Adjustment Act of 1938 with respect to wheat.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (j) of section 334 of the Agricultural Adjustment Act of 1938, as amended (7 U.S.C. 1334), is amended to read as follows: "(j) Notwithstanding any other provision of this Act, the Secretary shall increase the acreage allotments for the 1970 and subsequent crops of wheat for privately owned farms in the irrigable portion of the area known as the Tulelake division of the Klamath project of California located in Modoc and Siskiyou Counties, California, as defined by the United States Department of the Interior, Bureau of Reclamation, and hereinafter referred to as the area. The increase for the area for each such crop shall be determined by adding, to the extent applications are made therefor, to the total allotments established for privately owned farms in the area for the particular crop without regard to this subsection (hereinafter referred to as the original allotments) an acreage sufficient to make available for each such crop a total allotment of twelve thousand acres for the area. The additional allotments made available by this subsection shall be in addition to the National, State, and county allotments otherwise established under this section, and the acreage planted to wheat pursuant to such increases in allotments shall not be taken into account in establishing future State, county, and farm acreage allotments except as may be desirable in providing increases in allotments for subsequent years under this subsection for the production of Durum wheat. The Secretary shall apportion the additional allotment acreage made available under this subsection between Modoc and Siskiyou Counties on the basis of the relative needs for additional allotments for the portion of the area in each county. The Secretary shall allot such additional acreage to individual farms in the area for which applications for increased acreages are made on the basis of tillable acres, crop rotation practices, type of soil and topography, and the original allotment for the farm, if any. The increase in the wheat acreage allotment for any farm under this subsection (1) shall not be taken into account in computing the farm wheat marketing allocation under section 379b, and (2) shall be conditioned upon the production of Durum wheat on the original allotment and on the increased acreage. The producers on a farm receiving an increased allotment under this subsection shall not be eligible for diversion payments under section 339.".

,

,

^

ApprOVed March 31, 1970.

i-UJi5iiIv^ljiJ^'

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 84 STAT. ]

PUBLIC LAW 91-222-APR. 1, 1970

87

Public Law 91-221 AN ACT To authorize appropriations for the saline w a t e r conversion program for year 1971, and for other purposes.

fiscal

March 31. 1970 [H. R. I5700]

Be it enacted by the Senate and House of Representatives of the Saline water United States of America in Congress assembled, That there is author- conversion proized to be appropriated to carry out the provisions of the Saline Water gram. Conversion Act (66 Stat. 328), as amended (42 U.S.C. 1951 et seq.) Appropriations. during fiscal year 1971 the sum of $28,873,000, to remain available g/staJ!'' " ^ ' 78. until expended, as follows: (1) Research and development operating expenses, not more than $16,150,000: Provided, That, notwithstanding the provisions of section 8 of the Saline Water Conversion Act (66 Stat. 328), as amended (42 U.S.C. 1958), not to exceed $100,000 of such amount 82 Stat. 110. may be obligated for the procurement of research services through contract with institutions or individuals in foreign countries; (2) Design, construction, acquisition, modification, operation, and maintenance of saline water conversion test beds and test facilities, not more than $5,000,000; (3) Design, construction, acquisition, modification, operation, and maintenance of saline water conversion modules, not more than $5,345^000; and (4) Admmistration and coordination, not more than $2,378,000. (b) Expenditures and obligations under any of the items in this section, except item (4), may be increased by not more than 10 per centum if such increase is accompanied by an equal decrease in expenditures and obligations under one or more of the other items, including item (4). Approved March 31, 1970.

Public Law 91-222 AN ACT

^ p ^. j j ^ jg^Q

To extend public health protection with respect to cigarette smoking and for other purposes.

[ H. R. 6543]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may pi^^^ilt'e^^okir be cited as the "Public Health Cigarette Smoking Act of 1969". Acl^of "969"° "^ SEC. 2. Sections 2 through 10 of Public Laiw 89-92 (15 U.S.C. 13311338) are amended to read as follows: 79 Stat. 282. '

((DECLARATION

OF POLICY

"SEC. 2. I t is the policy of the Congress, and the purpose of this Act, to establish a comprehensive Federal program to deal with cigarette labeling and advertising with respect to any relationship between smoking and health, whereby— "(1) the public may be adequately informed that cigarette smoking may be hazardous to health by inclusion of a warning to that effect on each package of cigarettes; and "(2) commerce and the national economy may be (A) protected to the maximum extent consistent with this declared policy and (B) not impeded by diverse, nonuniform, and confusing cigarette labeling and advertising regulations with respect to any relationship between smoking and health.

15 USC 13311339.

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 88

PUBLIC LAW 91-222-APR. 1, 1970

[84 STAT.

"DEriNTTIONS

"SKC. B. A S used in this Act— " (1) The term 'cigarette' means— " (A) any roll of tobacco wrapped in paper or in any substance not containing tobacco, and " (B) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in subparagraph (A). "(2) The term 'commerce' means (A) commerce between any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, "Wake Island, Midway Islands, Kingman Reef, or Johnston Island and any place outside thereof; (B) commerce between points in any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, or Johnston Island, but through any place outside thereof; or (C) commerce wholly within the District of Columbia, Guam, the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, or Johnston Island. "(3) The term 'United States', when used in a geographical sense, includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, and Johnston Island. The term 'State' includes any political division of any State. " (4) The term 'package' means a pack, box, carton, or container of any kind in which cigarettes are offered for sale, sold, or otherwise distributed to consumers. " (5) The term 'person' means an individual, partnership, corporation, or any other business or legal entity. "(6) The term 'sale or distribution' includes sampling or any other distribution not for sale. "LABELING

"SEC. 4. I t shall be unlawful for any person to manufacture, import, or package for sale or distribution within the United States any cigarettes the package of which fails to bear the following statement: 'Warning: The Surgeon General Has Determined That Cigarette Smoking I s Dangerous to Your Health'. Such statement shall be located m a conspicuous place on every cigarette package and shall appear in conspicuous and legible type in contrast by typography, layout, or color with other printed matter on the package. "PREEMPTION

"SEC. 5. (a) No statement relating to smoking and health, other than the statement required by section 4 of this Act, shall be required on any cigarette package. " (b) No requirement or prohibition based on smoking and health shall be imposed under State law with respect to the advertising or promotion of any cigarettes the packages of which are labeled in conformity with the provisions of this Act.

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 84 STAT. ]

PUBLIC LAW 91-222-APR. 1, 1970

89

UNLAWFUL ADVERTISEMENTS

"SEC. 6. After January 1, 1971, it shall be unlawful to advertise Termination cigarettes on any medium of electronic communication subject to the '^^*®* jurisdiction of the Federal Communications Commission. ((FEDERAL

TRADE COMMISSION

"SEC. 7. (a) The Federal Trade Commission shall not take any action before July 1, 1971, with respect to its pending trade regulation rule proceeding relating to cigarette advertising. If at any time Notification of on or after July 1, 1971, the Federal Trade Commission determines it °"^'^^^^' is necessary to take action with respect to such pending trade regulation rule proceeding, it shall notify the Congress of the determination. Such notification shall include the text of the trade regulation rule and a full statement of the basis for such determination. No trade Trade regulation regulation rule adopted in such proceeding may take effect until six ^ ^'^ '^^ ^ ^' months after the Commission has notified the Congress of the text of such rule, in order that the Congress may act if it so desires. " (b) Except as provided in subsection (a), nothing in this Act shall be construed to limit, restrict, expand, or otherwise affect the authority of the Federal Trade Commission with respect to unfair or deceptive acts or practices in the advertising of cigarettes. "(c) Nothing in this Act shall be construed to affirm or deny the Federal Trade Commission's holding that it has the authority to issue trade regulation rules or to require an affirmative statement in any cigarette advertisement. "REPORTS

"SEC. 8. (a) The Secretary of Health, Education, and Welfare shall Report to contransmit a report to the Congress not later than January 1, 1971, and ^''^^^' annually thereafter, concerning (A) current information in the health consequences of smoking, and (B) such recommendations for legislation as he may deem appropriate. " (b) The Federal Trade Commission shall transmit a report to the Report to conCongress not later than January 1, 1971, and annually thereafter, g r e s s. concerning (A) the effectiveness of cigarette labeling, (B) current practices and methods of cigarette advertising and promotion, and (C) such recommendations for legislation as it may deem appropriate. "CRIMINAL

PENALTY

"SEC. 9. Any person who violates the provisions of this Act shall be guilty of a misdemeanor and shall on conviction thereof be subject to a fine of not more than $10,000. a INJUNCTION

PROCEEDINGS

"SEC. 10. The several district courts of the United States are invested with jurisdiction, for cause shown, to prevent and restrain violations of this Act upon the application of the Attorney General of the United States acting through the several United States attorneys in their several districts. "CIGARETTES

FOR

EXPORT

"SEC. 11. Packages of cigarettes manufactured, imported, or packaged (1) for export from the United States or (2) for delivery to a

Exemption,

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 90

PUBLIC LAW 9 1 - 2 2 3 - A P R ! 3? 19^0

[84 STAT.

vessel or aircraft, as supplies, for consumption beyond the jurisdiction of the internal revenue laws of the United States shall be exempt from the requirements of this Act, but such exemptions shall not apply to cigarettes manufactured, imported, or packaged for sale or distribution to members or units of the Armed Forces of the United States located outside of the United States, j / a:. r i "
 * SBPARABILITr

1

Ki

"SEC. 12. If any provision of this Act or the application thereof to any person or circumstances is held invalid, the other provisions of this Act and the application of such provision to other persons or circumstances shall not be affected thereby." Effective dates. SEC. 3. Section 5 of the amendment made by this Act shall take effect as of July 1, 1969. Section 4 of the amendment made by this Act shall take effect on the first day of the seventh calendar month which begins after the date of the enactment of this Act. All other provisions of the amendment made by this Act except where otherwise specified shall take effect on January 1, 1970. Approved April 1, 1970.

"Kiblic Law 91-223 April 3. 1970 [H. R. 3786]

AN ACT To authorize the appropriation of additional funds necessary for acquisition of land at the Point Reyes National Seashore in California.

Be it enacted by the Senate and House of Representatives of the Point Reyes United States of America in Congress assembled, That section 8 of the shore?cam!' Act of S e p t e m W 13, 1962 (76 Stat. 538), as amended (16 U.S.C. Appropriation. 459c-7), Is amended (a) by deleting "$19,135,000" and inserting 80 Stat. 919. "$57,500,000", and (b) by changing the period at the end of the section to a colon and adding: '"''Provided, That no freehold, leasehold, or lesser interest in any lands hereafter acquired within the boundaries of the Point Reyes National Seashore shall be conveyed for residential or commercial purposes except for public accommodations, facilities, and services provided pursuant to the Act of October 9, 1965 (Public Law 16 USC 20. 89-249; 79 Stat. 969).". SEC. 2. (a) Section 3(a) of the Act of September 13, 1962 (76 Stat. 16 USC 459C.2. 538), is amended by striking out the words "Except as provided in section 4, the," in the first sentence and inserting the word "The" in lieu thereof. RepeaL (b) Section 4 Is hereby repealed. 16 USC 459C-3. ..,,^^ . ^^^' ^^^ remaining sections of the Act of September 13, 1962 (76 Stat. 538), are renumbered accordingly. Approved April 3, 1970.

.ncitqfj'^xa

..p:t, |^

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 84

STAT. ]

PUBLIC LAW 91-224-APR. 3, 1970

91

Public Law 91-224 AN ACT

April 3, 1970

To amend the Federal Water Pollution Control Act, as amended, and for other purposes. Be it enacted by the Senate and House of Representatives United States of America in Congress assembled.,

[H. R. 4i48]

of the Po^iiution^ c'onuoi Act, amendments;.

TITLE I—WATEK QUALITY IMPROVEMENT SEC. 101. This title may be cited as the "Water Quality Improvement Act of 1970". SEC. 102. Existing sections 17 and 18 of the Federal Water Pollution Control Act, as amended, are hereby repealed. Section 19 of such Act is redesignated as section 27. Sections 11 through 16 of such Act are redesignated as sections 21 through 26, respectively. Such Act is further amended by inserting after section 10 the following new sections: "CONTROL OF POLLUTION BY OIL

"SEC. 11. (a) For the purpose of this section, the term— "(1) 'oil'means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil; "(2) 'discharge' includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying or dumping; "(3) 'vessel' means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water other than a public vessel; " (4) 'public vessel' means a vessel owned or bare-boat chartered and operated by the United States, or by a State or political subdivision thereof, or by a foreign nation, except when such vessel is engaged in commerce; "(5) 'United States'means the States, the District of Columbia, the Commonwealth of Puerto Rico, the Canal Zone, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands; "(6) 'owner or operator' means (A) in the case of a vessel, any person owning, operating, or chartering by demise, such vessel, and (B) in the case of an onshore facility, and an offshore facility, any person owning or operating such onshore facility or offshore facility, and (C) in the case of any abandoned offshore facility, the person who owned or operated such facility immediately prior to such abandonment; " (7) 'person' includes an individual, firm, corporation, association, and a partnership. " (8) 'remove' or 'removal' refers to removal of the oil from the water and shorelines or the taking of such other actions as may be necessary to minimize or mitigate damage to the public health or welfare, including, but not limited to, fish, shellfish, wildlife, and public and private property, shorelines, and beaches; " (9) 'contiguous zone' means the entire zone established or to be established by the United States under article 24 of the Convention on the Territorial Sea and the Contiguous Zone; "(10) 'onshore facility' means any facility (including, but not limited to, motor vehicles and rolling stock) of any kind located in, on, or under, any land within the United States other than submerged land;

Citation 1 of title. Repeal. 80 Stat. 1252. 33 USC 466m, 466n.

33 USC

466

note. 70 Stat. 506; 79 Stat. 9 0 3. 33 USC 466h466^. Definitions.

lilun'i'^

.•<iiert9'"-I

15 U S T 1 6 0 6.

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 92

PUBLIC LAW 91-224-APR. 3, 1970

'

[84 STAT.

"(11) 'offshore facility' means any facility of any kind located in, on, or under, any of the navigable waters of the United States other than a vessel or a public vessel; "(12) 'act of God' means an act occasioned by an unanticipated grave natural disaster; "(13) 'barrel' means 42 United States gallons at 60 degrees Fahrenheit. "(b)(1) The Congress hereby declares that it is the policy of the United States that there should be no discharges of oil into or upon the navigable waters of the United States, adjoining shorelines, or into or upon the waters of the contiguous zone. "(2) The discharge of on into or upon the navigable waters of the United States, adjoining shorelines, or into or upon the waters of the contiguous zone in harmful quantities as determined by the President under paragraph (3) of this subsection, is prohibited, except (A) in the case of such discharges into the waters of the contiguous zone, where permitted under article IV of the International Convention for 12 usT 2994. the Preveution of Pollution of the Sea by Oil, 1954, as amended, and (B) where permitted in quantities and at times and locations or under such circumstances or conditions as the President may, by regulation, determine not to be harmful. Any regulations issued under this subsection shall be consistent with maritime safety and with marine and navigation laws and regulations and applicable water quality standards. charTi"pr"s?i^' "('^) '^^^ President shall, by regulation, to be issued as soon as dentiai determina- possible after the date of enactment of this paragraph, determine for "°iithe purposes of this section, those quantities of oil the discharge of which, at such times, locations, circumstances, and conditions, will be harmful to the public health or welfare of the United States, including, but not limited to, fish, shellfish, wildlife, and public and private property, shorelines, and beaches, except that in the case of the discharge of oil into or upon the waters of the contiguous zone, only those discharges which threaten the fishery resources of the contiguous zone or threaten to pollute or contribute to the pollution of the territory or the territorial sea of the United States may be determined to be harmful. "(4) Any person in charge of a vessel or of an onshore facility or an offshore facility shall, as soon as he has knowledge of any discharge of oil from such vessel or facility in violation of paragraph (2) of this subsection, immediately notify the appropriate agency of the United Penalty. States Governmeut of such discharge. Any such person who fails to notify immediately such agency of such discharge shall, upon conviction, be fined not more than $10,000, or imprisoned for not more than one year, or both. Notification received pursuant to this paragraph or information obtained by the exploitation of such notification shall not be used against any such person in any criminal case, except a prosecution for perjury or for giving a false statement. Penalty. "(5) Any owuer or operator of any vessel, onshore facility, or offshore facility from which oil is knowingly discharged in violation of paragraph (2) of this subsection shall be assessed a civil penalty by the Secretary of the department in which the Coast Guard is operating of not more than $10,000 for each offense. No penalty shall be assessed unless the owner or operator charged shall have been given notice and opportunity for a hearing on such charge. Each violation is a separate offense. Any such civil penalty may be compromised by such Secretary. I n determining the amount of the penalty, or the amount agreed upon in compromise, the appropriateness of such penalty to the size of the business of the owner or operator charged, the effect on the owner or operator's ability to continue in business, and the gravity of the violation, shall be considered by such Secretary. The Secretary of the

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 84 STAT. ]

PUBLIC LAW 91-224-APR. 3, 1970

Treasury shall withhold at the request of such Secretary the clearance required by section 4197 of the Revised Statutes of the United States, as amended (46 U.S.C. 91), of any vessel the owner or operator of which is subject to the foregoing penalty. Clearance may be granted in such cases upon the filing of a bond or other surety satisfactory to such Secretary. "(c)(1) Whenever any oil is discharged, into or upon the navigable Removal. waters of the United States, adjoining shorelines, or into or upon the waters of the contiguous zone, the President is authorized to act to remove or arrange for the removal of such oil at any time, unless he determines such removal will be done properly by the owner or operator of the vessel, onshore facility, or offshore facility from which the discharge occurs. "(2) Within sixty days after the effective date of this section, the ti;^enc"^pian"' President shall prepare and publish a National Contingency Plan for removal of oil pursuant to this subsection. Such National Contingency Plan shall provide for efficient, coordinated, and effective action to minimize damage from oil discharges, including containment, dispersal, and removal of oil, and shall include, but not be limited to— " (A) assignment of duties and responsibilities among Federal departments and agencies in coordination with State and local agencies, including, but not limited to, water pollution control, conservation, and port authorities; " (B) identification, procurement, maintenance, and storage of equipment and supplies; " (C) establishment or designation of a strike force consisting of personnel who shall be trained, prepared, and available to ~ ~ provide necessary services to carry out the Plan, including the establishment at major ports, to be determined by the President, of emergency task forces of trained personnel, adequate oil pollution control equipment and material, and a detailed oil pollution prevention and removal plan; " (D) a system of surveillance and notice designed to insure earliest possible notice of discharges of oil to the appropriate Federal agency; " (E) establishment of a national center to provide coordination and direction for operations in carrying out the Plan; " (F) procedures and techniques to be employed in identifying, containing, dispersing, and removing oil; and " (G) a schedule, prepared in cooperation with the States, identifying (i) dispersants and other chemicals, if any, that may be used in carrying out the Plan, (ii) the waters in which such dispersants and chemicals may be used, and (iii) the quantities of such dispersant or chemical which can be used safely in such waters, which schedule shall provide in the case of any dispersant, chemical, or waters not specifically identified in such schedule that the President, or his delegate, may, on a case-by-case basis, identify the dispersants and other chemicals which may be used, the waters in which they may be used, and the quantities which can be used safely in such waters. The President may, from time to time, as he deems advisable, revise or otherwise amend the National Contingencv P^an. After publication of the National Contingency Plan, the removal of oil and actions to minimize damage from oil discharges shall, to the greatest extent possible, be in accordance with the National Contingency Plan. " (d) Whenever a marine disaster in or upon the navigable waters of the United States has created a substantial threat of a pollution hazard to the public health or welfare of the United States, including, but not 47-348 O - 72 - 10 (Pt. 1)

93

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 94

Liability.

Limitation; exception.

PUBLIC LAW 91-224-APR. 3, 1970

[84 STAT.

limited to, fish, shellfish, and wildlife and the public and private shorelines and beaches of the United States, because of a discharge, or an imminent discharge, of large quantities of oil from a vessel the United States may (A) coordinate and direct all public and private efforts directed at the removal or elimination of such threat; and (B) summarily remove, and, if necessary, destroy such vessel by whatever means are available without regard to any provision of law governing the employment of personnel or the expenditure of appropriated funds. Any expense incurred under this subsection shall be a cost incurred by the United States Government for the purposes of subsection (f) in the removal of oil. "(e) I n addition to any other action taken by a State or local government, when the President determines there is an imminent and substantial threat to the public health or welfare of the United States, including, but not limited to, fish, shellfish, and wildlife and public and private property, shorelines, and beaches within the United States, because of an actual or threatened discharge of oil into or upon the navigable waters of the United States from an onshore or offshore facility, the President may require the United States attorney of the district in which the threat occurs to secure such relief as may be necessary to abate such threat, and the district courts of the United States shall have jurisdiction to grant such relief as the public interest and the equities of tilie case may require. " (f)(1) Except where an owner or operator can prove that a discharge was caused solely by (A) an act of God, (B) an act of war, (C) negligence on the part of the United States Government, or (D) an act or omission of a third party without regard to whether any such act or omission was or was not negligent, or any combination of the foregoing clauses, such owner or operator of any vessel from which oil is discharged in violation of subsection (b)(2) of this section shall, notwithstanding any other provision of law, be liable to the United States Government for the actual costs incurred under subsection (c) for the removal of such oil by the United States Government in an amount not to exceed $100 per gross ton of such vessel or $14,000,000, whichever is lesser, except that where the United States can show that such discharge was the result of willful negligence or willful misconduct within the privity and knowledge of the owner, such owner or operator shall be liable to the United States Government for the full amount of such costs. Such costs shall constitute a maritime lien on such vessel which may be recovered in an action in rem in the district court of the United States for any district within which any vessel may be found. The United States may also bring an action against the owner or operator of such vessel in any court of competent jurisdiction to recover such costs. "(2) Except where an owner or operator of an onshore facility can prove that a discharge was caused solely by (A) an act of God, (B) an act of war, (C) negligence on the part of the United States Government, or (D) an act or omission of a third party without regard to whether any such act or omission was or was not negligent, or any combination of the foregoing clauses, such owner or operator of any such facility from which oil is discharged in violation of subsection (b)(2) of this section shall be liable to the United States Government for the actual costs incurred under subsection (c) for the removal of such oil by the United States Government in an amount not to exceed $8,000,000, except that where the United States can show that such discharge was the result of willful negligence or willful misconduct within the privity and knowledge of the owner, such owner or operator shall be liable to the United States Government for the full amount of such costs. The United States may bring an action

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PUBLIC LAW 91-224-APR. 3, 1970

95

against the owner or operator of such facility in any court of competent jurisdiction to recover such costs. The Secretary is authorized, classification by regulation, after consultation with the Secretary of Commerce uesl^*^^^^ and the Small Business Administration, to establish reasonable and equitable classifications of those onshore facilities having a total fixed storage capacity of 1,000 barrels or less which he determines because of size, type, and location do not present a substantial risk of the discharge of oil in violation of subsection (b)(2) of this section, and apply with respect to such classifications differing limits of liability which may be less than the amount contained in this paragraph. "(3) Except where an owner or operator of an offshore facility Liability. can prove that a discharge was caused solely by (A) an act of God, (B) an act of war, (C) negligence on the part of the United States Government, or (D) an act or omission of a third party without regard to whether any such act or omission w as or was not negligent, or any combination of the foregoing clauses, such owner or operator of any such facility from which oil is discharged in violation of subsection (b)(2) of this section shall, notwithstanding any other provision of law, be liable to the United States Government for the actual costs incurred under subsection (c) for the removal of such oil by the United States Government in an amount not to exceed $8,000,000, ^^^J7^"^''°"= ^^ " ception. except that where the United States can show that such discharge was the result of willful negligence or willful misconduct within the privity and knowledge of the owner, such owner or operator shall be liable to the United States Government for the full amount of such costs. The United States may bring an action against the owner or operator of such a facility in any court of competent jurisdiction to recover such costs. " (g) In any case where an owner or operator of a vessel, of an onshore facility, or of an offshore facility, from which oil is discharged in violation of subsection (b)(2) of this section proves that such discharge of oil was caused solely by an act or omission of a third party, or was caused solely by such an act or omission in combination with an act of God, an act of war, or negligence on the part of the United States Government, such third party shall, notwithstafiding any other provision of law, be liable to the United States Government for the actual costs incurred under subsection (c) for removal of such oil by the United States Government, except where such third party can prove that such discharge was caused solely by (A) an act of God, (B) an act of war, (C) negligence on the part of the United States Government, or (D) an act or omission of another party without regard to whether such act or omission was or was not negligent, or any combination of the foregoing clauses. If such third party was the owner or operator of a vessel which caused the discharge of oil in violation of subsection (b)(2) of this section, the liability of such third party under this subsection shall not exceed $100 per gross ton of such vessel or $14,000,000, whichever is the lesser. In any other case the liability of such third party shall not exceed the limitation which would have been applicable to the owner or operator of the vessel or the onshore or offshore facility from which the discharge actually occurred, if such owner or operator were liable. If the United States can show that the discharge of oil in violation of subsection (b)(2) of this section was the result of willful negligence or willful misconduct within the privity and knowledge of such third party, such third party shall be liable to the United States Government for the full amount of such removal costs. The United States may bring an action against the third party in any court of competent jurisdiction to recover such removal costs.

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 96

PUBLIC LAW 91-224-APR. 3, 1970

Recovery of costs.

67 Stat. 462. 43 USC 1331 note. Payment. Regulations.

Failure to comply. Penalty.

Notification. Hearing opportunity.

Revolving fund, appropriation. Post,

p. 98.

[84 STAT.

" (h) The liabilities established by this section shall in no way affect any rights which (1) the owner or operator of a vessel or of an onshore facility or an offshore facility may have against any third party whose acts may in any way have caused or contributed to such discharge, or (2) the United States Government may have against any third party whose actions may in any way have caused or contributed to the discharge of oil. " (i)(1) I n any case where an owner or operator of a vessel or an onshore facility or an offshore facility from which oil is discharged in violation of subsection (b)(2) of this section acts to remove such oil in accordance with regulations promulgated pursuant to this section, such owner or operator shall be entitled to recover the reasonable costs incurred in such removal upon establishing, in a suit which may be brought against the United States Government in the United States Court of Claims, that such discharge was caused solely by (A) an act of God, (B) an act of war, (C) negligence on the part of the United States Government, or (D) an act or omission of a third party without regard to whether such act or omission was or was not negligent, or of any combination of the foregoing clauses. "(2) The provisions of this subsection shall not apply in any case where liability is established pursuant to the Outer Continental Shelf Lands Act. " (3) Any amount paid in accordance with a judgment of the United States Court of Claims pursuant to this section shall be paid from the fund established pursuant to subsection (k). " (j)(1) Consistent with the National Contingency Plan required by subsection (c)(2) of this section, as soon as practicable after the effective date of this section, and from time to time thereafter, the President shall issue regulations consistent with maritime safety and with marine and navigation laws (A) establishing methods and procedures for removal of discharged oil, (B) establishing criteria for the development and implementation of local and regional oil removal contingency plans, (C) establishing procedures, methods, and requirements for equipment to prevent discharges of oil from vessels and from onshore facilities and offshore facilities, and (D) governing the inspection of vessels carrying cargoes of oil and the inspection of such cargoes in order to reduce the likelihood of discharges of oil from such vessels in violation of this section. "(2) Any owner or operator of a vessel or an onshore facility or an offshore facility and any other person subject to any regulation issued under paragraph (1) of this subsection who fails or refuses to comply with the provisions of any such regulation, shall be liable to a civil penalty of not more than $5,000 for each such violation. Each violation shall l>e a separate offense. The President may assess and compromise such penalty. No penalty shall be assessed until the owner, operator, or other person charged shall have been given notice and an opportunity for a hearing on such charge. I n determining the amount of the penalty, or the amount agreed upon in compromise, the gravity of the violation, and the demonstrated good faith of the owner, operator, or other person charged in attempting to achieve rapid compliance, after notification of a violation, shall be considered by the President. " (k) There is hereby authorized to be appropriated to a revolving fund to be established in the Treasury not to exceed $35,000,000 to carry out the provisions of subsections (c), (i), and (1) of this section and section 12 of this Act. Any other funds received by the United States under this section shall also be deposited in said fund for such purposes. All sums appropriated to, or deposited in, said fund shall remain available until expended.

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 84 STAT. ]

97

PUBLIC LAW 91-224-APR. 3, 1970

"(1) The President is authorized to delegate the administration of this section to the heads of those Federal departments, agencies, and instrumentalities which he determines to be appropriate. Any moneys in the fund established by subsection (k) of this section shall be available to such Federal departments, agencies, and instrumentalities to carry out the provisions of subsections (c) and (i) of this section and section 12 of this Act. Each such department, agency, and instrumentality, in order to avoid duplication of effort, shall, whenever appropriate, utilize the personnel, services, and facilities of other Federal departments, agencies, and instrumentalities, " (m) Anyone authorized by the President to enforce the provisions of this section may, except as to public vessels, (A) board and inspect any vessel upon the navigable waters of the United States or the waters of the contiguous zone, (B) with or without a warrant arrest any person who violates the provisions of this section or any regulation issued thereunder in his presence or view, and (C) execute any warrant or other process issued by an officer or court of competent jurisdiction. " (n) The several district courts of the United States are invested with jurisdiction for any actions, other than actions pursuant to subsection (i)(1), arising under this section. I n the case of Guam, such actions may be brought in the district court of Guam, and in the case of the Virgin Islands such actions may be brought in the district court of the Virgin Islands. I n the case of American Samoa and the Trust Territory of the Pacific Islands, such actions may be brought in the District Court of the United States for the District of Hawaii and such court shall have jurisdiction of such actions. In the case of the Canal Zone, such actions may be brought in the United States District Court for the District of the Canal Zone, "(o)(1) Nothing in this section shall affect or modify in any way the obligations of any owner or operator of any vessel, or of any owner or operator of any onshore facility or offshore facility to any person or agency under any provision of law for damages to any publicly-owned or privately-owned property resulting from a discharge of any oil or from the removal of any such oil. "(2) Nothing in this section shall be construed as preempting any State or political subdivision thereof from imposing any requirement or liability with respect to the discharge of oil into any waters within such State. "(3) Nothing in this section shall be construed as affecting or modifying any other existing authority of any Federal department, agency, or instrumentality, relative to onshore or offshore facilities under this Act or any other provision of law, or to affect any State or local law not in conflict with this section. " (p)(1) Any vessel over three hundred gross tons, including any barge of equivalent size, using any port or place in the United States or the navigable waters of the United States for any purpose shall establish and maintain under regulations to be prescribed from time to time by the President, evidence of financial responsibility of $100 per gross ton, or $14,000,000 whichever is the lesser, to meet the liability to the United States which such vessel could be subjected under this section. I n cases where an owner or operator owns, operates, or charters more than one such vessel, financial responsibility need only be established to meet the maximum liability to which the largest of such vessels could be subjected. Financial responsibility may be established by any one of, or a combination of, the following methods acceptable to the President: (A) evidence of insurance, (B) surety bonds, (C) qualification as a self-insurer, or (D) other evidence of financial responsibility. Any bond filed shall be issued by a bonding company authorized to do business in the United States.

Post,

p. 98.

Enforcement,

Jurisdictions,

Property damage.

F i n a n c i a l responsibility, establishment.

Amount.

Methods.

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Page:United States Statutes at Large Volume 84 Part 1.djvu/150

 98 Effective date.

Study.

Report and recommendations to Congress and the President.

PUBLIC LAW 91-224-APR. 3, 1970

80 Stat. 381; 81 Stat. 54.

STAT.

"(2) The provisions of paragraph (1) of this subsection shall be effective one year after the effective date of this section. The President shall delegate the responsibility to carry out the provisions of this subsection to the appropriate agency head within sixty days after the date of enactment of this section. Regulations necessary to implement this subsection shall be issued within six months after the date of enactment of this section. "(3) Any claim for costs incurred by such vessel may be brought directly against the insurer or any other person providing evidence of financial responsibility as required under this subsection. I n the case of any action pursuant to this subsection such insurer or other person shall be entitled to invoke all rights and defenses which would have been available to the owner or operator if an action had been brought against him by the claimant, and which would have been available to him if an action had been brought against him by the owner or operator. "(4) The Secretary of Transportation, in consultation with the Secretaries of Interior, State, Commerce, and other interested Federal agencies, representatives of the merchant marine, oil companies, insurance companies, and other interested individuals and organizations, and taking into account the results of the application of paragraph (1) of this subsection, shall conduct a study of the need for and, to the extent determined necessary— " (A) other measures to provide financial responsibility and limitation of liability with respect to vessels using the navigable waters of the United States; " (B) measures to provide financial responsibility for all onshore and offshore facilities; and " (C) other measures for limitation of liability of such facilities; for the cost of removing discharged oil and paying all damages resulting from the discharge of such oil. The Secretary of Transportation shall submit a report, together with any legislative recommendations, to Congress and the President by January 1, 1971. a CONTROL o r

Ante, p. 9 1.

[84

HAZARDOUS POLLUTING

SUBSTANCES

"SEC. 12. (a) The President shall, in accordance with subsection (b^ of this section, develop, promulgate, and revise as may be appropriate, regulations (1) designating as hazardous substances, other than oil as defined in section 11 of this Act, such elements and compounds which, when discharged in any quantity into or upon the navigable waters of the United States or adjoining shorelines or the waters of the contiguous zone, present an imminent and substantial danger to the public health or welfare, including, but not limited to, fish, shellfish, wildlife, shorelines, and beaches; and (2) establishing, if appropriate, recommended methods and means for the removal of such substances. "(b) Sections 551 through 559, inclusive (other than section 553 (c)), and 701 through 706, inclusive, of title 5, United States Code, shall apply to regulations issued under authority of this section. "(c) I n order to facilitate the removal, if appropriate, of any hazardous substance any person in charge of a vessel or of an onshore or offshore facility of any kind shall, as soon as he has knowledge of any discharge of such substance from such vessel or facility,, immediately notify the appropriate agency of the United States of such discharge.

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