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[87 STAT.

FEDERATE A VI A T I O N ADMINISTRATION OPERATIONS

84 Stat. 219. note."^^ ^^°^

For necessary expenses of the Federal Aviation Administration, not otherwise provided for, including administrative expenses for research and development and for establishment of air navigation facilities, and carrying out the provisions of the Airport and Airway Development Act; purchase or four passenger motor vehicles for replacement only; and purchase and repair of skis and snowshoes; $1^200,500,000: Provided, That there may be credited to this appropriation, funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred in the maintenance and operation of air navigation facilities. ENGINEERING AND DEVELOPMENT

72 Stat. 731.

For necessary expenses of the Federal Aviation Administration, not otherwise provided for, and for acquisition and modernization of facilities and equipment and service testing in accordance with the provisions of the Federal Aviation Act (49 U.S.C. 1301-1542), including construction of experimental facilities and acquisition of necessary sites by lease or grant, $11,500,000, to remain available until expended: Provided, That there may be credited to this appropriation, funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred for engineering and development. FACILITIES AND EQUIPMENT (AIRPORT AND AIRWAY TRUST F U N D)

For necessary expenses, not otherwise provided, for acquisition, establishment, and improvement by contract or purchase, and hire of air navigation and experimental facilities, including initial acquisition of necessary sites by lease or grant; engineering and service testing including construction of test facilities and acquisition of necessary sites by lease or grant; construction and furnisiiing of quarters and related accommodations for officers and employees of the Federal Aviation Administration stationed at remote localities where such accommodations are not available, and purchase of seventeen aircraft; $250,000,000, to be derived from the Airport and Airway Trust Fund, to remain available until June 30, 1976: Provided, That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred in the establishment and modernization of air navigation facilities: Provided further, That no part of the foregoing appropriation shall be available for the construction of a new wind tunnel, or to purchase any land for or in connection with the National Aviation Facilities Experimental Center.

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RESEARCH, ENGINEEKIN« AND DEVELOPMENT (AIRPORT AND AIRWAY TRUST F U N D)

For necessary expenses, not otherwise provided, for researcli, engineering and development in accordance with the provisions of the P'ederal Aviation Act (49 U.S.C. 1301-1542), including construction of experimental facilities and acquisition of necessary sites by lease or grant; $6'2,095,000, to be derived from the Airport and Airway Trust Fund, to remain available until expended: Provided., That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred for research, engineering and development. ( T R A N T S - I N - A I D FOR AlRPORl'8 (AlRPORT AND AlRWAY T R U S T F U N D)

For liquidation of obligations incurred for airport development under authority contained in section 14 of Public Law 91-258, to be derived from the Airport and Airway Trust Fund and to remain available until expended, $20,00,000.

72 Stat. 731.

-A"'®' P-

,,

89.

OPERATION AND MAINTENANCE, NATIONAL CAPITAL AIRI^ORTS

For expenses incident to the care, operation, maintenance, improvement, and protection of the, federally owned civil airports in the \icinity of the District of Columbia, including purchase of ten passenger motor vehicles for police type use, for replacement only; purchase, cleaning, and repair of uniforms; and arms and ammunition; $14,400,000. (\)NSTRU0T10N, NATIONAL CAPITAL AlRPORTS

For necessary expenses for construction at the federally owned civil riirports in the vicinity of the District of Columbia, $3,000,000, to remain available until June 30, 1976. AVIATION W A R E I S K INSURANCE REVOLVING F U N D

The Secretary of Transportation is hereby authorized to make such expenditures, within the limits of funds available pursuant to section 1306 of the Act of August 23, 1958 (49 U.S.C. 1536), and in accordance with section 104 of the Government (Corporation Control Act, as amended (31 U.S.C. 849), as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for aviation war risk insurance activities under said Act. FEDERAL HIGHWAY ADMINISTRATION ' •''

SALARIES AND F^XPENSES

For necessary expenses, not otherwise provided, as authorized by law, of the Federal Highway Administration, $12,800,000, of which $7,500,000 shall be derived from the Highway Trust Fund, together vyith not to exceed $101,900,000 to be transferred from the appropriation for "Federal-aid highways (trust fund)": Provided, That not to exceed $23,600,000 of the amount provided herein shall remain available until expended.

^2 Stat. 803. ^^ Stat. 534.

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[87 STAT.

H K III W A Y B K A I TIKICATION (LIQUIDATION OF CoXTKACT AUTHORIZATION)

84ltlTi726.^''

84 Stat. 1715.

For payment of obligations incurred in carrying out the provisions $30,000,000 to remain available until expended, together with $1,020,000 for necessary administrative expenses for carrying out such provisions of title 23, United States Code, as authorized by section 105(a) of the Federal-Aid Highway Act of 1970. HKJHWAY-RET.ATED SAFETY (TRANTS (LIQUIDA'ITON OF COXTKACT AUTHORIZATION)
 * ^f title 23, United States Code, sections 131, 136, and 319(b),

Ante, p. 285.

For payment of obligations incurred in carrying out the provisions of title 23, United States Code, section 402, administered by the Federal Highway Administration, to remain available until expended, $7,000,000 of which $5,000,000 shall be derived from the Highway Trust F u n d: Provided, That not to exceed $459,000 of the amouiit appropriated herein may be transferred to the appropriation "Salaries and expenses'. RAIL CROSSINOS—DEMONSTRATION PROJECTS

84 Stat. 1742.

For payment of obligations incurred in carrying out the provisions ^f title 23, United States Code, section 322, to remain available until expended, $14,000,000, of which $4,200,000 shall be derived from the Highway Trust Fund. RAILROAD-HIGHWAY CROSSINGS DEMONSTRATION PRojE("rs

For necessary expenses of railroad-highway crossings demonstration projects, to remain available until expended: $6,000,000, of which $1,700,000 is for projects at Elko, Nevada, and $600,000 is for projects at Wheeling, West Virginia, and $700,000 is for projects at Lincoln, Nebraska; and $4,000,000 of these amounts shall be derived from the Highway Trust F u n d: Provided, That this appropriation shall be available only upon enactment into law of authorizing legislation by the Ninety-third Congress. TERRITORIAL HIGHWAYS (LIQUIDATION OF CONTRACT AUTHORIZATION)

84 Stat. 1720.

For payment of obligations incurred in carrying out the provisions of title 23, United States Code, section 215, $2,5,00. to remain available until expended. DARIEN GAP HIGHWAY

For necessary expenses for construction of the Darien (xap Highway in accordance with the provisions of section 216 of title 23 of the United States Code, $5,000,000, to remain available until expended. FEDERAL-AID HIGHWAYS (LIQUIDATION OF CONTRACT AUTHORIZATION) (TRUST F U N D)

23 USC lo^^'et •^^^ carrying out the provisions of title 23, United States Code, seq. which are attributable to Federal-aid highways, not otherwise provided, including reimbursement for sums expended pursuant to the provisions of section 2 of the Pacific Northwest Disaster Relief Act of 1966 (79 Stat. 131), reimbursement for sums expended pursuant to the provisions of section 21 of the Alaska Omnibus Act, as amended

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(78 Stat. 505), $4,815,9l),000, or so much thereof as may be available ^^^l use prec. 21 iu and derived from the "Highway trust fund'', to remain available until expended. FOREST

HnrnwAvs

(LIQUIDATION OF (>)NTRA('T AUTHORIZATION)

For payment of obligations incurred in carrying out the provisions of title 28, United States Code, section 24, pursuant to contract authorization granted by title 23, United States Code, section 203. to remain available, until expended, $8,(KK),00.

72 Stat. 907.

PrBLK" I-.AXDK HlOHWAYS (LlQUmATION OF CON'HUCT AirjVHORIZATION)

Foi' payment of obligations incurred in carrying out the provisions of title 23, United States Code, section 209, pursuant to the contract authorization granted by title 23, United States Code, section 203 $3,000,000, to remain available until expended.

72 Stat. 908; 78 Stat. 397.

XATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION SAjT-yrY For expenses necessary to discharge the functions of the Secretary with respect to traffic and highway safety and functions under the Motor Vehicle Information and Cost Savings Act (Public Law 92-513), $44,757,000, of which $38,632,000 shall be derived from the se Stat. 947. Highway trust fund, together with $9,000,000 to be transferred from J^l^^'^ ^*°^ the appropriation for "Construction of Compliance Facilities": Provided, That not to exceed $14,328,000 shall remain available until expended for the contractual and State grant requirements of the Motor Vehicle Information and Cost Savings Act. TRAFFIC AND HIGHWAY

S T A T K A N D COMMI'NITY HIGHWAY S A F K T Y (LlQrn)ATlN OF CONTRACT AUTHORIZATION)

For payment of obligations incurred in carrying out the provisions of title 23, United States Code, section 402, to remain available until expended, $100,(X)0,000, of which $70,000,000 shall be derived from the Highway tnist fund. FEDERAL RAILROAD ADMINISTRATION OFFICE OF THE ADMINISTRATOR SALARIES A N D FJCPEXSES

For necessary expenses of the Federal Railroad Administration, $2,«00,000. RAU.ROAD RESEARCH

For necessary expenses for conducthig railroad research activities, $10,860,000, to j'emain available until expended. RAILROAD SAFETY

For necessiu'y expenses in connection with railroad safety, not otherwise provided for, $8,900j000, of which $1,400,000 shall be available only for additional safety inspectors.

Ante, p. 285.

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[87 STAT.

GRANTS-IN-AID FOR RAILROAD SAFETY

For grants-in-aid to carry out a railroad safety program, $1,500,000: Provided, That this appropriation shall be available only upon enactment of authorizing legislation by the Ninety-third Congress. HIGH-SPEED GROUND TRANSPORTATION RESEARCH AND DEVELOPMENT

For necessary expenses for research, development, and demonstrations in high-speed ground transportation, $20,100,000, to remain available until expended. REDUCTION I N APPROPRIATIONS

Appropriations heretofore granted under the head "Grants to National Railroad Passenger Corporation" are reduced by the sum of $9,100,000. GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION

To enable the Secretary of Transportation to make grants to the National Railroad Passenger Corporation, $102,100,000, to remain available until expended, of which $48,100,000 shall be available only upon the enactment into law of authorizing legislation by the Ninetythird Congress: Provided, That not to exceed $500,000 is to be expended only in connection with the construction of station and related facilities to serve the Metroliner at New CarroUton, Maryland. THE ALASKA RAILROAD ALASKA RAILROAD REVOLVING FUND

so Stat. 553,

5 USC 5332 note.

The Alaska Railroad Revolving Fund shall continue available until expended for the work authorized by law, including operation and maintenance of oceangoing or coastwise vessels by ownership, charter, or arrangement with other branches of the Government service, for the purpose of providing additional facilities for transportation of freight, passengers, or mail, when deemed necessary for the benefit and development of industries or travel in the area served; and payment of compensation and expenses as authorized by 5 U.S.C. 8146, to be reimbursed as therein provided; and not to exceed $1,000,000 of the F u n d shall be available for use in construction and engineering work on an extension of the Alaska Railroad from Fairbanks, Alaska, to the International Airport located near that city: Provided, That no employee shall be paid an annual salary out of said fund in excess of the salaries prescribed by the Classification Act of 1949, as amended, for grade GS-15, except the general manager of said railroad, one jissistant general manager at not to exceed the salaries prescribed by said Act for GS-17, and five officers at not to exceed the salaries prescribed by said Act for grade GS-16. URBAN MASS TRANSPORTATION ADMINISTRATION URBAN MASS TRANSPORTATION F U N D ADMINISTRATIVE EXPENSES

g/l^stat^.^302;

For necessary administrative expenses of the urban mass transportation program authorized by the Urban Mass Transportation Act of Qg^ (49 U.S.C. 1601 et se^., as amended by Public Law 91-453), in connection with the activities, including uniforms and allowances

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therefor, as authorized by law (5 U.S.C. 5901-5902); hire of passejijrer so Stat. sos; motor vehicle; and services as authorized by 5 I'.S.C'. ^U9; ^^80*stat^°4i6 $5,000,000. RESEAKOII, DEVELOPMENT, AND DEMONSTRATIONS AND I ' N IV E K S I T Y RESEARCH AND T R A I N I N G

For an additional amount for the urban mass transportation propram, as authorized by the Urban Mass Transportation Act of ]9f)4, as amended (49 U.S.C. 1601 et seq.), to remain av'ailable until expended; $35,050,000: Provided, That $32,300,000 shall be available for research, development, and demonstrations, $2,250,000 shall be available for university research and training, and not to exceed )^500,000 shall be available for manajuferial training as authorized under the authority of the said act.

78 Stat. 302;

84 Stat. 962.

L I Q U I D A T I O N OF CONTRACT AUTHORIZATION

For payment to the urban mass transportation fund, for li(iuidation o f contractual obligations incurred under authority of the Turban Mass Transportation Act of 1964 (49 U.S.C. 1601 et seq., as amended by Public Law 91-453), $380,000,000, to remain available until expended. SAUSTT L A W R E N C E S E A W A Y DEVELOPMENT CORPORATION The Saint Lawrence Seaway Development Corporation is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to such Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for such Corporation except as hereinafter provided. LIMITATION

ON

ADMINISTRATIVE E X P E N S E S, S A I N T L A W R E N O: DEVEIX>PMENT CORPORATION

SEAW^AY

Not to exceed $820,(X) shall be available for administrative expenses which shall be computed on an accrual basis, including not to exceed $3,000 for official entertainment expenses to be expended upon the approval or authority of the Secretary of Transportation: Provided, That Corporation funds shall be available for the hire of passenger motor vehicles and aircraft, operation and maintenance of aircraft, uniforms or allowances therefor for operation and maintenance personnel, as authorized by law (5 U.S.C. 5901-5902), and $15,000 for services as authorized by 5 U.S.C. 3109. TITLE II—RELATED AGENCIES NATIONAL TRANSPORTATION S A F E T Y BOARD SALARIES AND EXPENSES

For necessary expenses of the National Transportation Safety Hoard, $7,975,000.

61 sta^. SM. 31 USC 849. ^' """ °'"

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STAT.

AKRONAIJTK\S HOAKI) SALARIKN A N D

so Stat. 416. ,i«°^stat^.^508;

[87

ExPKNSEfS

Foi- neceasary expenses of the CJivil Aeronautics Hoard, iiicliulin^ hire of aircraft; hire of passenger motor vehicles; services as authorjjjp^j ]jy 5 i"'.j^.(\ 8109; uniforms, or allowances therefor, as authorized \^y ]^^y^. (5 i'.s.(\ 5901-5902); and not to exceed $1,000 for official reception and representation expenses, $14,767,000. PAYMENTS TO AIK CARRIERS

72 Stat. 763.

F^or payments to air carriers of so nmch of the compensation fixed and determined by the Civil Aeronautics Board under section 406 of the Federal Aviation Act of 1958 (49 U.S.C. 1376), as is payable by the Board, $66,431,000, to remain available until expended. INTERSTATE (X)MMER<>E COMMISSION SALARIES AND EXPENSES

For nece^ar^ expenses of the Interstate Commerce Commission, including services as authorized by 5 U.S.C. 3109, $34,750,000, of which $150,000 shall be available for valuation of pipelines: Provided, That Joint Board members and cooperating State commissioners may use Government transportation requests when traveling in connection with tiieir duties as such. THE PANAMA CANAL CANAii

ZONE (JOVERNMENT

OPERATING EXPENSES

80 Stat. 432.

Foi' operating expenses necessary for the Canal Zone (xovernment, including operation of the Postal Service of thfe (^anal Zone; hire of passenger motor vehicles; uniforms or allowances therefor, as authorized by law (6 U.S.C. 5901-5902); expenses incident to conducting hearings on the Isthmus; expenses of special training of (•smployees of the Canal Zone Government as authorized by 5 U.S.C. 411)1-4118; contingencies of the Governor, residence for the Governor; medical aid and support of the insane and of lepers and aid and support of indigent persons legally within the Canal Zone, including expenses of their deportation when practicable^ and maintaining and altering facilities oi other Government agenciee in the C^anal Zone for Canal Zone (Government use, $59,000,000. (lAPlTAL UTT*AY

B^or acquisition of land and land under water and acquisition, construction, and replacement of improvements, facilities, structures, and equipment, as authorized by law (2 (^Z. Code, sec. 2; 2 (>.Z. Code, 76A Stat. 7,26. jjec. 371), including the purchase of not to exceed fifteen passenger motor vehicles of which thiirteen are for replacement only; improving facilities of other Government agencies in the Canal Zone for Canal Zone Government use; and expenses incident to the retirement of such, assets; $3,50O,(K)0, to I'emain available until expended.

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PANAMA CANAL COMPANY CORPORATION

The Panama Canal Company is hereby authorized to make such expenditures within the limits of funds and borrowing authority available to it and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 849), as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for such corporation, including maintaining and improving facilities of other Government agencies in the Canal Zone for Panama Canal Company use. LIMITATION

ON GENERAL A N D ADMINISTRATIVE

ei Stat. S84.

EXPENSES

Not to exceed $21,037,000 of the funds available to the Panama Canal Company shall be available during the current fiscal year for general and administrative expenses of the Company, including operation of tourist vessels and guide services, which shall be computed on an accrual basis. Funds available to the Panama Canal Company for operating expenses shall be available for the purchase of not to exceed twenty-five passenger motor vehicles, for replacement only, and for uniforms or allowances therefor as authorized by law (5 U.S.C. 5901-5902).

so Stat. SOS;

'

81 Stat. 2 0 6.

WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY FEDERAL CONTRIBUTION

To enable the Department of Transportation to pay the Washington Metropolitan Area Transit Authority, as part of the Federal contribution toward expenses necessary to design, engineer, construct, and equip a rail rapid transit system, as authorized by the National Capital Transportation Act of 1969 (Public Law 91-143) as amended, includ- ge^staJVow"' ing acquisition of rights-of-way, land, and interest therein, to remain D.C, code ' available until expended, $90,360,000 for the fiscal year 1975, and for 1-1441 note. the fiscal year 1974, $7,385,000 for design and construction of the Arlington Cemetery station and an additional Smithsonian Station entrance, as authorized by Public Law 92-517. se Stat. 999. '

''

D. c. Code 1-1461 note.

INTEREST SUBSIDY

To enable the Department of Transportation to pay the Washington Metropolitan Area Transit Authority the interest subsidy authorized by Public Law 92-349, $12,728,000, to remain available until expended, TITLE III—GENERAL PROVISIONS SEC. 301. During the current fiscal year applicable appropriations to the Department of Transportation shall be available for maintenance and operation of aircraft; hire of passenger motor vehicles and aircraft; and uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901-5902). SEC. 302. None of the funds provided in this Act shall be available for administrative expenses in connection with commitments for grants-in-aid for airport development aggregating more than $300,000,000 in fiscal year 1974.

se^sta^t^ 464. 1-1441 note.

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Fiscal y limitation. Everglades National Park, F l a., ecology study.

80 Stat. 416.

FAA and C o a s t Guard p e r s o n n e l, dependents' school e x p e n s e s.

PUBLIC LAW 93-98-AUG. 16, 1973

[87 STAT.

SEC;. 3H. None of the funds provided under this Act shall be available for the planiiin^- or execution of pT'ograms the obligations for which are in excess of $50,000,{) for "Highw^ay Beautification" in fiscal year 1974. SEC. 804. None of the funds provided under this Act shall be available for the planning or execution of programs the obligations foiwhich are in excess of $80,000,000 in fiscal year 1974 for "State and Community Highway Safety" and "Highway-Related Safety Grants'". SEC. 805. None of the funds provided under this Act shall be available for the planning or execution of programs the obligations for which are in excess of $4,000,000 in fiscal year 1974 for "Territorial Highways". SEC. 806. None of the funds provided under this Act shall be available for the planning or execution of programs the obligations foiwhich are in excess of $18,000,000, exclusive of the reimbursable program, in fiscal year 1974 for "Forest Highways". SEC. 807. None of the funds provided under this Act shall be available for the planning or execution of programs the obligations for which are in excess of $10,000,000 in fiscal year 1974 for "Public Lands Highways". SEC. 808. None of the funds provided in this Act shall be available for administrative expenses in connection with commitments for "Urban Mass Transportation Fund" aggregating more than $985,550,000 in fiscal year 1974. SEC. 809. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SE(\ 810. None of the funds provided under this Act shall be available for the planning or execution of programs for any further construction of the Miami jetport or of any other air facility in the State of Florida lying south of the Okeechobee Waterway and in the drainage basins contributing water to the Everglades National Park until it has been shown by an appropriate study made jointly by the Department of the Interior and the Department of Transportation that such an airport will not have an adverse environmental effect on the ecology of the Everglades and until any site selected on the basis of such study is appi-oved by the Department of the Interior' and the Department of Transportation: Provided, That nothing in this section shall affect the availability of such funds to carry out this study. SEC. 811. The Governor of the Canal Zone is authorized to employ services as authorized by 5 U.S.C. 8109, in an amount not exceeding $150,000. SEC. 312. Funds appropriated for operating expenses of the Canal Zone Government may be apportioned notwithstanding section 8679 of the Revised Statutes, as amended (81 U.S.C. 665), to the extent necessary to permit payment of such pay increases for officers or employees as may be authorized by administrative action pursuant to law which are not in excess of statutory increases granted for the same period in corresponding rates of compensation for other employees of the Government in comparable positions. SEC. 818. Funds appropriated under this Act for expenditure by the Federal Aviation Administration and the Coast Guard shall be available (1) for expenses of primary and secondary schooling for dependents of Federal Aviation Administration and Coast Guard personnel stationed outside the continental United States at costs for any given area not in excess of those of the Department of Defense

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PUBLIC LAW 93-99-AUG. 16, 1973

for the same area, when it is determined by the Secretary that the schools, if any, available in the locality are unable to provide adequately for the education of such dependents, and (2) for transportation of said dependents between schools serving the area which they attend and their places of residence when the Secretary, under such regulations as he may prescribe, determines that such schools are not accessible by public means of transportation on a regular basis. SEC. 314. Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem 80 Stat. 416. 5 USC 5332 rate equivalent to the rate for a GS-18. note. SEC. 315. None of the funds in this Act shall be available for the implementation or execution of a program in the Department of Transportation to collect fees, charges or prices for approvals, tests, authorizations, certificates, permits, registrations, and ratings which are in excess of the levels in effect on January 1, 1973, or which did not exist as of January 1, 1973, until such program is reviewed and approved by the appropriate committees of the Congress. This Act may be cited as the "Department of Transportation and Short title. Related Agencies Appropriation Act, 1974". Approved August 16, 1973. Public Law 93-99 AN ACT To continue u n t i l July 1, 1976, the existing suspension of d u t y on m a n g a n e s e ore, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) item 911.07 (relating to manganese ore, including ferruginous manganese ore and manganiferous iron ore) of the appendix to the Tariff Schedules of the United States (19 U.S.C. 1202) is amended by striking out "6/30/73" and inserting in lieu thereof "6/30/76". (b) The amendment made by subsection (a) shall apply with respect to articles entered, or withdrawn from warehouse, for consumption after June 30, 1973. SEC. 2. (a) Item 903.90 of the Appendix to the Tariff Schedules of the United States (19 U.S.C. 1202) is amended by striking out "9/5/72" and inserting in lieu thereof "9/5/75". (b)(1) The amendment made by subsection (a) shall apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after the date of the enactment of this Act. (2) Upon request therefor filed with the customs officer concerned on or before the sixtieth day after the date of the enactment of this Act, the entry or withdrawal of any article— (A) which was made after September 5, 1972, and before the date of the enactment of this Act, and (B) with respect to which there would have been no duty if the amendment made by the first section of this amendment applied to such entry or withdrawal, shall, notwithstanding the provisions of section 514 of the Tariff Act of 1930 or any other provision of law, be liquidated or reliquidated as though such entry or withdrawal had been made on the date of the enactment of this Act. Approved August 16, 1973.

August 16, 1973 [H. R. 6676]

Manganese ore. Duty s u s p e n sion, e x t e n s i o n. 84 Stat. 4 0 7. Effective date.

I s t l e, duty s u s pension, extension. 83 Stat. 105. Effective date.

84 Stat. 2 8 4. 19 USC 1514,

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[87

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Public Law 93-100 August 16, 1973 ' [ H. R. 6370]

Financial institutions. Regulation.

Ante,

p. 147.

AN ACT To extend certain laws relating to the payment of interest on time and savings deposits, to prohibit depository institutions from permitting negotiable orders of withdrawal to be made with respect to any deposit or account on which any interest or dividend is paid, to authorize Federal savings and loan associations and national banks to own stock in and invest in loans to certain State housing corporations, and for other purposes.

Be it enacted by the Senate and House of Representatives United States of Americain Congress assembled,

of the

E X T E N S I O N OF AUTHORITY FOR THE F L E X I B L E REGULATION OF I N T E R E S T RATES ON DEPOSITS AND SHARE ACCOUNTS I N F I N A N C I A L INSTITUTIONS

SECTION 1. Section 7 of the Act of September 21, 1966 (Public Law 89-597), is amended by striking out "August 1, 1973" and inserting in lieu thereof "December 31, 1974". PROHIBITION ON CERTAIN ACTIVITIES BY DEPOSITORY INSTITUTIONS

'•Depository institution."

64 Stat. 8 7 3; 80 Stat. 1046. 12 USC 1813.

48 Stat. 1255; 83 Stat. 3 75. 12 USC 1724. "State".

Penalty.

SEC. 2. (a) No depository institution shall allow the owner of a deposit or account on which interest or dividends are paid to make withdrawals by negotiable or transferable instruments for the purpose of making transfers to third parties, except that such withdrawals may be made in the States of Massachusetts and New Hampshire. (b) For purposes of this section, the term "depository institution" means— (1) any insured bank as defined in section 3 of the Federal Deposit Insurance Act; (2) any State bank as defined in section 3 of the Federal Deposit Insurance Act; (3) any mutual savings bank as defined in section 3 of the Federal Deposit Insurance Act; (4) any savings bank as defined in section 3 of the Federal Deposit Insurance Act; (5) any insured institution as defined in section 401 of the National Housing Act; and (6) any building and loan association or savings and loan association organized and operated according to the laws of the State in which it is chartered or organized; and, for purposes of this paragraph, the term "State" means any State of the United States, the District of Columbia, any territory of the United States, Puerto Rico, Guam, American Samoa, or the Virgin Islands. (c) Any depository institution which violates this section shall be fined $1,000 for each violation. EXTENSION OF AUTHORITY OF FEDERAL DEPOSIT INSURANCE CORPORATION OVER I N T E R E S T RATES P A I D ON DEPOSITS BY N O N I N S U R E D B A N K S

64 Stat. 893; 83 Stat. 3 72, 3 74.

SEC. 3. Section 18(g) of the Federal Deposit Insurance Act (12 U.S.C. 1828 (g)) is amended by— (1) inserting in the second sentence thereof "or dividends" immediately after "the payment and advertisement of interest"; and (2) striking out in the tenth sentence thereof " (1) ", and by further striking out in such sentence ", and (2) there does not exist under the laws of such State a bank supervisory agency with authority comparable to that conferred by this subsection,

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including specifically the authority to regulate the rates of interest and dividends paid by such noninsured banks on time and savings deposits, or if such agency exists it has not issued regulations in the exercise of that authority". CONVERSION o r M U T U A L SAVINGS A N D LOAN ASSOCIATIONS I N TO STOCK ORGANIZATIONS

SEC. 4. Section 402 of the National Housing Act (12 U.S.C. 1725) 7^^l^ll^'2oo^^' is amended by adding at the end thereof the following new subsection: "(j)(1) Except as provided in paragraph (2), until June 30, 1974, the Corporation shall not approve, under regulations adopted pursuant to this title or section 5 of the Home Owners' Loan Act of 1933, by infra. order or otherwise, a conversion from the mutual to the stock form of organization involving or to involve an insured institution, including approval of any application for such conversion pending on the date of enactment of this subsection, except that this sentence shall not be deemed to limit now or hereafter the authority of the Corporation to approve conversions in supervisory cases. The Corporation may by rule, regulation, or otherwise and under such civil penalties (which shall be cumulative to any other-remedies) as it may prescribe take whatever action it deems necessary or appropriate to implement or enforce this subsection. "(2) After December 31, 1973, the Corporation may approve any study application filed prior to May 22, 1973, pursuant to regulations in effect and adopted pursuant to this title or section 5 of the Home Owners' Loan Act of 1933." AUTHORITY FOR FEDERAL SAVINGS AND LOAN INSTITUTIONS AND N A T I O N A L B A N K S TO I N V E S T I N STATE H O U S I N G CORPORATIONS

SEC. 5. (a) The Congress finds that Federal savings and loan associations and national banks should have the authority to assist in financing the organization and operation of any State housing corporation established under the laws of the State in which the corporation will carry on its operations. It is the purpose of this section to provide a means whereby private financial institutions can assist in providing housing, particularly for families of low- or moderate-income, by purchasing stock of and investing in loans to any such State housing corporation situated in the particular State in which the Federal savings and loan association or national bank involved is located. (b) Section 5(c) of the Home Owners' Loan Act of 1933 (12 U.S.C. 1464(c)) is amended by adding at the end thereof the following new 48 Stat. i32; paragraph: ^^ ^*°*" ^^°' "Subject to regulation by the Board but without regard to any other provisions of this subsection, any such association whose general reserves, surplus, and undivided profits aggregate a sum in excess of 5 per centum of its withdrawable accounts is authorized to invest in, to lend to, or to commit itself to lend to any State housing corporation incorporated in the State in which the home office of such association is situated, in the same manner and to the same extent as the statutes of such State authorize a savings and loan association organized under the laws of such State to invest in, to lend to, or commit itself to lend to such State housing corporation, but loans and loan commitments under this sentence shall be subject to appropriate limitations prescribed by the Board, and no association may make any investment, other than loans and loan commitments, under this sentence if its

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Federal supervision.

Information, availability.

Definitions.

48 Stat. 1255. 12 USC 1724.

64 Stat. 8 7 3. 12 USC 1811 note.

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[87 STAT.

aggregate outstanding direct investment under this sentence, determined as prescribed by the Board, would thereupon exceed one-fourth of 1 per centum of its assets." (c) Paragraph seventh of section 5136 of the Revised Statutes (12 U.S.C. 24) is amended by adding at the end thereof the following: "Notwithstanding any other provision of this paragraph, the association may purchase for its own account shares of stock issued by any State housing corporation incorporated in the State in which the association is located and may make investments in loans and commitments for loans to any such corporation: Provided, That in no event shall the total amount of such stock held for its own account and such investments in loans and commitments made by the association exceed at any time 5 per centum of its capital stock actually paid in and unimpared plus 5 per centum of its unimpaired surplus fund." (d)(1) The Federal Savings and Loan Insurance Corporation with respect to insured institutions, the Board of Governors of the Federal Eeserve System with respect to State member insured banks, and the Federal Deposit Insurance Corporation with respect to State nonmember insured banks shall by appropriate rule, regulation, order, or otherwise regulate investment in State housing corporations. (2) A State housing corporation in which financial institutions invest under the authority of this section shall make available to the appropriate Federal supervisory agency referred to in paragraph (1) such information as may be necessary to insure that investments are properly made in accordance with this section. (e) For the purposes of this section and any Act amended by this section— (1) The term "insured institution" has the same meaning as in secton 401(a) of the National Housing Act. (2) The terms "State member insured banks" and "State nonmember insured banks" have the same meaning as when used in the Federal Deposit Insurance Act. (3) The term "State housing corporation" means a corporation established by a State for the limited purpose of providing housing and incidental services, particularly for families of low or moderate income. (4) The term "State" means any State, the District of Columbia, Guam, the Commonwealth of Puerto Rico, and the Virgin Islands. P R E M I U M P A Y M E N T S BY I N S U R E D SAVINGS A N D LOAN ASSOCIATIONS TO THE FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION

75 Stat. 4 8 3; 79 Stat. 508. Primary reserves, establishment.

Rules and regulations.

SEC. 6. The text of section 404 of the National Housing Act (12 U.S.C. 1727) is amended to read as follows: "SEC. 404. (a)(1) The Corporation shall establish a primary reserve which shall be the general reserve of the Corporation and a secondary reserve to which shall be credited the amounts of the prepayments made by insured institutions pursuant to former provisions of subsection (d) and the credits made pursuant to the first sentence of subsection (e). "(2) The Corporation may accomplish the purposes and provisions of this section by rules, regulations, orders, or otherwise as it may consider necessary or appropriate. " (b)(1) Each institution whose application for insurance is approved by the Corporation shall pay to the Corporation, in such manner as it shall prescribe, a premium for such insurance equal to one-twelfth of 1 per centum of the total amount of all accounts of the insured members of such institution. Such premium shall be paid at

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the time the certificate is issued by the Corporation under section 403, and thereafter annually, except that under regulations prescribed by the Corporation such premium may be paid semiannually. "(2) If, at the close of any December 31, the primary reserve equals or exceeds 2 per centum of the total amount of all accounts of insured members of all insured institutions as of such close, no premium under paragraph (1) of this subsection shall be payable by any insured institution with respect to its premium year beginning during the year commencing on May 1 next succeeding such December 31, except that the foregoing provisions of this sentence shall not be applicable to any insured institution with respect to any of the twenty premium years beginning with the premium year commencing with the date on which such certificate is issued. "(c) The Corporation is further authorized to assess against each insured institution additional premiums for insurance until the amount of such premiums equals the amount of all losses and expenses of the Corporation; except that the total amount so assessed in any one year against any such institution shall not exceed one-eighth of 1 per centum of the total amount of the accounts of its insured members. " (d)(1) The Corporation shall not, on or after the date of enactment of this sentence, accept or receive further payments in the nature of prepayments of future premiums as was formerly required by this subsection (including any such payments which have accrued or are payable under such former provisions). When no insured institution has any pro rata share of the secondary reserve, other than any such share immediately payable to it, the Corporation may take such steps as it may deem appropriate to close out and discontinue the secondary reserve. "(2) The Corporation may provide for the adjustment of payments made under former provisions of this subsection or made or to be made under subsections (b) and (c) of this section in cases of merger or consolidation, transfer of bulk assets or assumption of liabilities, and similar transactions, as defined by the Corporation for the purposes of this paragraph. "(e) The Corporation shall credit to the secondary reserve, as of the close of each calendar year a return on the outstanding balances of the secondary reserve, during such calendar year, as determined by the Corporation, at a rate equal to the average annual rate of return to the Corporation during the year ending at the close of November 30 of such calendar year, as determined by the Corporation, on the investments held by the Corporation in obligations of, or guaranteed as to principal and interest by, the United States. Except as provided in subsections (f) and (g), the secondary reserve shall be available to the Corporation only for losses of the Corporation and shall be so available only to such extent as other accounts of the Corporation which are available therefor are insufficient for such losses. No right, title, or interest of any institution in or with respect to its pro rata share of the secondary reserve shall be assignable or transferable whether by operation of law or otherwise, except to such extent as the Corporation may provide for transfer of such pro rata share in cases of merger or consolidation, transfer of bulk assets or assumption of liabilities, and similar transactions, as defined by the Corporation for purposes of this sentence. " (f) If (i) the status of an insured institution as an insured institution is terminated pursuant to any provision of section 407 or the insurance of accounts of an insured institution is otherwise terminated, (ii) a conservator, receiver, or other legal custodian is appointed for

345

Assessments.

Prepayments, prohibition.

Payment adjustments.

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Deposit calls.

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[87 STAT.

an insured institution under the circumstances and for the purpose set forth in subsection (d) of section 401, or (iii) the Corporation makes a determination that for the purposes of this subsection an insured institution has gone into liquidation, the Corporation shall pay in cash to such institution its pro rata share of the secondary reserve, in accordance with such terms and conditions as the Corporation may prescribe, or, at the option of the Corporation, the Corporation may apply the whole or any part of the amount which would otherwise be paid in cash toward the payment of any indebtedness or obligation, whether matured or not, of such institution to the Corporation, then existing or arising before such payment in cash: Provided, That such payrnent or such application need not be made to the extent that the provisions of the exception in the last sentence of subsection (e^ are applicable. " (g) If, at the close of December 31 in any year after 1971, the aggregate of the primary reserve and the secondary reserve equals or exceeds li/4 per centum of the total amount of all accounts of insured members of all insured institutions but the primary reserve does not equal or exceed 2 per centum of such base, each insured institution's pro rata share of the secondary reserve shall, during the year beginning with May 1 next succeeding such close, be used, to the extent available, to discharge such institution's obligation for its premium under subsection (b) for the premium year beginning in such year, but only to the extent of such percentage, to be the same for all insured institutions and to be not less than 30 nor more than 70 per centum of such premium, as the Corporation may determine; and the use of such pro rata shares as provided in this sentence shall continue unless and until the next sentence or the last sentence of this subsection shall become operative. If, at the close of any December 31 occurring before the last sentence of this subsection shall become operative, the aggregate of the primary reserve and the secondary reserve is not at least equal to iy± per centum of the total amount of all accounts of insured members of all insured institutions, the use of any insured institution's pro rata share of the secondary reserve under the first sentence of this subsection shall terminate with respect to its premium under subsection (b) for the premium year beginning during the calendar year commencing on May 1 next succeeding such December 31, and such termination shall continue unless and until the first sentence of this subsection shall become operative. If, at the close of any December 31, the primary reserve equals or exceeds such 2 per centum, the Corporation shall, at such time (which shall be the same for all insured institutions and shall not be later than May 1 next succeeding such close) and in such manner as the Corporation shall determine, pay in cash to each insured institution its pro rata share of the secondary reserve. u^j^^ (]^^ Each Insured institution shall make such deposits in the Corporation as may from time to time be required by call of the Federal Home Loan Bank Board. Any such call shall "be calculated by applying a specified percentage, which shall be the same for all insured institutions, to the total amount of all withdrawable or repurchasable shares, investment certificates, and deposits in each insured institution. No such call shall be made unless such Board determines that the total amount of such call, plus the outstanding deposits previously made pursuant to such calls, does not exceed 1 per centum of the total amount of all withdrawable or repurchasable shares, investment certificates, and deposits in all insured institutions. For the purposes of this subsection, the total amounts hereinabove referred to snail be determined or estimated by such Board or in such manner as it may prescribe.

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"(2) The Corporation shall credit as of the close of each calendar year, to each deposit outstanding at such close, a return on the outstanding balance, as determined by the Corporation, of such deposit during such calendar year, at a rate equal to the average annual rate of return, as determined by the Corporation, to the Corporation during the year ending at the close of November 30 of such calendar year, on the investments held by the Corporation in obligations of, or guaranteed as to principal and interest by, the United States. "(3) The Corporation in its discretion may at any time repay all such deposits, or repay pro rata a portion of each of such deposits, in such manner and under such procedure as the Corporation may prescribe. Any procedure for such pro rata repayment may provide for total repayment of any deposit, if total repayment of any and all deposits of equal or smaller amount is likewise provided for. "(4) The provisions of subsection (f) of this section and of the last sentence of subsection (e) of this section shall be applicable to deposits under this subsection, and for the purposes of this subsection the references in such subsection (f) and such last sentence to the prepayments and the pro rata shares therein mentioned shall be deemed instead to be references respectively to the deposits under this subsection and the pro rata shares of the holders thereof, and the I'eference in such subsection (f) to that subsection shall be deemed instead to be a reference to this subsection." STATE TAXATION OF FEDERALLY I N S U R E D F I N A N C I A L

Deposit credits.

Repayment.

INSTITUTIONS

SEC. 7. (a) This section may be cited as the "State Taxation of Depositories Act". (b) The Congress finds that the national goals of fostering an efficient banking system and the free flow of commerce among the States will be furthered by clarifying the principles governing State taxation of interstate transactions of banks and other depositories. Application of taxes measured by income or receipts, or other "doing business" taxes, in States other than the States in which depositories have their principal offices should be deferred until such time as uniform and equitable methods are developed for determining jurisdiction to tax and for dividing the tax base among States. (c) With respect to any taxable year or other taxable period beginning on or after the date of enactment of this section and before January 1, 1976, no State or political subdivision thereof may impose any tax measured by income or receipts or any other "doing business" tax on any insured depository not having its principal office within such State. (d) For the purpose of this section— (1) The term "insured depository" means any bank the deposits of which are. insured under the Federal Deposit Insurance Act, any institution the accounts of which are insured by the Federal Savings and Loan Insurance Corporation, or any thrift and home financing institution which is a member of a Federal home loan bank. (2) The term "State" means any of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa. (e)(1) The Advisory Commission on Intergovernmental Relations shall make a study of all pertinent matters relating to the application of State "doing business" taxes on out-of-State commercial banks, mutual savings banks, and savings and loan associations. Such study shall include recommendations for legislation which will provide equitable State taxation of out-of-State commercial banks, mutual

citation of title.

Definitions.

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Report to Congress.

Appropriation.

Effective date.

PUBLIC LAW 93-101-AUG. 16, 1973

[87 STAT.

savings banks, and savings and loan associations. Such recommendations shall include, but shall not be limited to, the matter of the proper allocation, apportionment, or other division of tax bases and such other matters relating to the question of multistate taxation of commercial banks, mutual savings banks, and savings and loan associations as the Commission shall determine to be pertinent. In conducting the study, the Commission shall consult with the Secretary of the Treasury, the Federal Reserve Board, the Federal Deposit Insurance Corporation, the Federal Home Loan Bank Board, appropriate State banking and taxing authorities, and others as needed. (2) The Commission shall make a report to the Congress of the results of its study and recommendations not later than December 31, 1974. (3) There are authorized to be appropriated to the Commission such sums as may be necessary to carry out the provisions of this subsection. SEC. 8. The provisions of this Act shall take effect on the thirtieth day after the date of its enactment, except that the amendments made by sections 1 and 5 shall take effect on the date of enactment of this Act. Approved August 16, 1973. Public Law 93-101

August 16, 1973 [H. R. 3630]

Dyeing and tanning p r o d u c t s. Duty s u s p e n sion, extension. 77A Stat. 4 4 3; 84 Stat. 830.

Effective date.

84 Stat. 284. 19 USC 1514.

AN ACT To extend until Septeml>er 3, 1975, the suspension of duty on certain dyeinj? sind tanning pnxinctts and to include logwood among such products. Be it eiuwted by the Senate and House of RepresentativeH of the Vnlted l^taten of America hi Congress assembled., That item 907.80 of the Appendix to the Tariff' Schedules of the United States (19 I ".S.(l 1202) is amended— (1) by striking out "I'anaigre," and inserting in lieu thereof •'I^ogwood, canaigre,"; (2) by inserting "470.15," immediately before "470.23,-'; and (3) by striking out "9/30/72" and inserting in lieu thereof "9/30/75". SEC. 2. (a) The amendments nmde by the first section of this Act shall apply with respec>t to articles entered, or withdrawn from war-ehouse, for consumption on or- after the date of the enactment of this Act. (b) Upon request thervfor tiled with the customs officer concerned on or befor-e the sixtieth day after the date of the enactment of this Act, the entry or withdrawal of any article— (1) which was made after September- 30, 1972, and befor*e the date, of the enactment of this Act, and (2) Avnth respect to which there would have been no duty if the amendments made by the first se(tion of this Act applied to such entry or withdrawal, shall, notwithstanding the provisions of section 514 of the Tariff' Act of 1930 or any other provision of law, be liquidated or reliquidated as though such entry or withdriawal had been made on ih^ date of the. enactment of this Act. Approved August 16, 1973.

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Public Law 93-102 AN ACT

To anlend the Act terminating Federal supervision over the Klamath Indian Tribe by providing for Federal acquisition of that part of the tribal lands described herein, and for other purposes.

August 16, 1973 [H. R. 3867]

Be it enacted by the Senate and ilouse of Representatives of the United States of America in Congress assembled, That the Act of Kiamath August 13, 1954, as amended by the Act of August 23, 1958 (68 Stat. "pe^deVai acquisi 718; 72 Stat. 816), is further amended by adding a new section 29 as Ji°n °f ^"^^1 lands. follows: 25 USC 564. SEC. 29. (a) The Secretary of Agriculture is authorized and directed to acquire by condemnation all of the Klamath Indian forest lands which the trustee for the Klamath Indian Tribe is required to sell by the terms of its trust agreement, and the lands so acquired shall become a part of the Winema National Forest. (b) The condemnation action may be initiated either before or after the lands are offered for sale by the trustee, and for the purpose of carrying out the provisions of this section, there is hereby authorized Appropriation. to be appropriated not to exceed $70,000,000. (c) The homesite provisions of section 28(g) shall apply to the 72 Stat. 816. 25 USC 564W-1. lands acquired by the Secretary pursuant to this Act. Approved August 16, 1973. Public Law 93-103 JOINT RESOLUTION To authorize and request the President to issue a proclamation designating the fourth Sunday in September, 197.H, as "National Next Door Neighbor Day". Resolved by the Senate and House of Representatives of the United States of America In Congress assembled, That the President is authorizexl and requested to issue a proclamation designating the fourth Sunday of September, 1973, as "National Next Door Neighbor Day-', and calling upon the people of the United States and interested groups and organizations to observe such day with appropriate ceremonies and activities. Approved August 16, 1973. . ,

August 16, 1973 [S. J. R e s. 25]

National Next Door Neighbor Day. Designation authorization.

Public Law 93-104 JOINT RESOLUTION Authorizing the President to proclaim the second full week in October, 1973, as "National I^gal Secretaries' Court Observance Week". Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is hereby authorized and requested to issue a proclamation designating the second full week in October, 1973, as "National Legal Secretaries' Court Observance Week", and calling upon the people of the United States to observe such week with appropriate ceremonies and activities. Approved August 16, 1973.

August 16, 1973 [H. J. R e s. 466]

National L e g a l Secretaries* Court Observance Week. Designation authorization.

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[87 STAT.

Public Law 93-105 August 16, 1973 [H. J. Res. 52]

Women's Equality Day. Designation authorization.

JOINT RESOLUTION Atithoriziiiiii: rlie I'lvsid^nt to proclaim August 2«, 11)78. JJS "Woineirs Kqimlity Day".

Resolred by the Senate and House of Representtitlres of the United States of Amerka hi- Congress assembled, That August 26, 1973, is designated as "Wouien's Equality Day-', and the President is authoiized and lequested to issue a proclamation in commemoration of that day in 19*2 on which the women of Ameiica were first guaranteed the right to vote. Approved August 16, 1973. Public Law 93-106

August 16, 1973 [H. R. 5649]

Delta Queen. Certain v e s s e l laws, exemption.

84 Stat. 1835.

AN ACT To extend until November 1. 1978, the existing exemption of the steaniboat Delta Queen from certain ve.ssel laws.

Be It mwcted by the Senate and House of Representatives of the. United States of America in (Jonyress assemMed, That the primary purpose of the amendment nuide by section 2 of this Act is to assure the continuity of operation of the overnight riverboat, the steamboat Delta Queen, by extending her existing exemption from the safetyat-sea laws. A new overnight passengei- riverboat will be constructed by the owners of the Delta Queen and, in order to assure the preservation of this historic and traditional piece of American folklore and life, such amendment will provide for the continued operation of the present steamboat Delta Queen while the new riverboat is being constructed. SK(\ 2. The penultimate sentence of section 5(b) of the Act of May 27, 1936 (49 Stat. 1384, 46 U.S.C. 369(b)), as amended, is amended by striking out "November 1, 1973," and inserting in lieu thereof "November 1. 1978.''. Approved August 16, 1973. I •

Public Law 93-107 September 14, 1973

[S.1841]

Certain professional sports clubs' games. Broadcasting. 76 Stat. 151. 47 USC 330.

AN

ACT

To amend the Communications Act of 1934 with regard to the broadcasting of certain professional sports clubs' games.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled.. That part I of title III of the Communications Act of 1934 is amended by adding at the end thereof the following new section:
 * (BROADCAST

OF GAMES OF PROFESSIOXAL SPORTS CLUBS

"SEC. 331. (a) If any game of a professional sports club is to be broadcast by means of television pursuant to a league television contract and all tickets of admission for seats at such game which were available for purchase by the general public one hundred and twenty hours or more before the scheduled beginning time of such game have been purchased seventy-two hours or more before such time, no agreement which would prevent the broadcasting by means of television of such game at the same time and in the area in which such game is

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being played shall be valid or have any force or effect. The right to broadcast such game by means of television at such time and in such area shall be made available, by the person or persons having such right, to a television broadcast licensee on reasonable terms and conditions unless the broadcasting by means of television of such ^ame at such time and in such area would be a telecasting which section 3 of Public Law 87-331, as amended (15 U.S.C. 1293), is intended to prevent. " (b) If any person violates subsection (a) of this section, any interested person may commence a civil action for injunctive relief restraining such violation in any United States district court for a district in which the defendant resides or has an agent. In any such action, the court may award the cost of the suit including reasonable attorneys' fees. "(c) For the purposes of this section: "(1) The term 'professional sports club' includes any professional football, baseball, basketball, or hockey club. "(2) The term 'league television contract' means any joint agreement by or among professional sports clubs by which any league of such clubs sells or otherwise transfers all or any part of the rights of such league's member clubs in the sponsored telecasting of the games engaged in or conducted by such clubs. "(3) The term 'agreement' includes any contract, arrangement, or other understanding. " (4) The term 'available for purchase by the general public', when used with respect to tickets of admission for seats at a game or games to be {)layed by a professional sports club, means only those tickets on sale at the stadium where such game or games are to be played, or, if such tickets are not sold at such stadium, only those tickets on sale at the box office closest to such stadium.^ " (d) The Commission shall conduct a continuing study of the effect of this section and shall, not later than April 15 of each year, submit a report to the Committee on Commerce of the Senate and the Committee on Interstate and Foreign Commerce of the House of Representatives with respect thereto. Such report shall include pertinent statistics and data and any recommendations for legislation relating to the broadcasting of professional football, baseball, basketball, and hockey games which the Commission determines would serve the public interest.". SEC. 2. Section 331 of the Communications Act of 1934 (as added by the first section of this Act) is repealed effective December 31, 1975. Approved September 14, 1973.

75 Stat. 732; 80 Stat. 1515. Injunctive relief.

Definitions.

Study, report to c o n g r e s s i o n a l committees.

Repeal.

Public Law 93-108 JOINT RESOLUTION Authorizing the President to proclaim the period of September Ify, 1973 through October 15, 1973, as "Johnny Horizon '76 Clean Up America Month".

September 19, 1973 [ H. J. R e s. 695]

Resoli^ed by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is hereby ^^ohnny^ Horizon authorized and requested to issue a proclamation designating the AmericaMomh. period of September 15, 1973, through October 15, 1973, as "Johnny Designation auHorizon '76 Clean U p America Month", and calling upon the people °"^^ ^°"* of the United States to observe such period with appropriate activities. Approved September 19, 1973.

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[87 STAT.

Public Law 93-109 September 21, 1973 [S.1165]

Little Cigar Act of 1973.

79 Stat. 282. 84 Stat. 87. "Little cigar.'

Effective date.

AN ACT To amend the Federal Cigarette Labeling and Advertising Act of 1965 as amended by the Public Health Cigarette Smoking Act of 1969 to define the term "little cigar", 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 "Little Cigar Act of 1973". SEC. 2. Section 3 of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1331-1340) as amended by the Public Health Cigarette Smoking Act of 1969 is amended by inserting the following new subsection: "(7) The term 'little cigar' means any roll of tobacco wrapped in leaf tobacco or any substance containing tobacco (other than any roll of tobacco which is a cigarette within the meaning of subsection (1)) and as to which one thousand units weigh not more than three pounds." SEC. 3. Section 6 of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1331-1340) as amended by the Public Health Cigarette Smoking Act of 1969 is amended by inserting the words "and little cigars" after the word "cigarettes". SEC. 4. The amendment made by this Act shall become effective thirty days after the date of enactment. Approved September 21, 1973, Public Law 93-110

September21, 1973 [H. R. 6912]

Par Value Modification Act, amendments. 86 Stat. 116. 31 USC 449 note.

Repeal. 48 Stat. 340. Gold, private ownership.

Effective date; report to Congress.

AN ACT To amend the Par Value Modification Act, and for other purposes.

Be it enacted by the SenMe and House of Represenatives of the United States of America in Congress assembled, That the first sentence of section 2 of the P a r Value Modification Act is amended by striking out the words "one thirty-eighth of a fine troy ounce of gold" and inserting in lieu thereof the following: "0.828948 Special Drawing Right or, the equivalent in terais of gold, of forty-two and twoninths dollars per fine troy ounce of gold". SEC. 2. The P a r Value Modification Act is amended by adding at the end thereof the following new section: "SEC. 5. I t is the sense of the Congress that the President shall take all appropriate action to expedite realization of the international monetary reform noted at the Smithsonian on December 18, 1971." SEC. 3. (a) Sections 3 and 4 of the Gold Reserve Act of 1934 (31 U.S.C. 442 and 443) are repealed. (b) No provision of any law in effect on the date of enactment of this Act, and no rule, regulation, or order under authority of any such law, may be construed to prohibit any person from purchasing, holding, selling, or otherwise dealing with gold. (c) The provisions of this section, pertaining to gold, shall take effect when the President finds and reports to the Congress that international monetary reform shall have proceeded to the point where elimination of regulations on private ownership of gold will not adversely affect the United States' international monetary position.

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 87

STAT.]

PUBLIC LAW

93-11.0-SEPT.

21, 1973

'

353

TITLE II—FOREIGN CURRENCY REPORTS STATEMENT OF FINDINGS

SEC. 201. The Congress finds that— (1) movements of mobile capital can have a significant impact on the proper functioning of the international monetary system; (2) it is important to have as complete and current data as feasible on the nature and source of these capital flows, including transactions by large United States business enterprises and their foreign affiliates; (3) it is desirable to emphasize this objective by supplementing existing le^al authority for the collection of data on capital flows contamed in section 5(b) of the Emergency Banking Act of 1933 (12 U.S.C. 95a) and section 8 of the Bretton Woods Agreements Act of 1945 (22 U.S.C. 286f).

55 Stat. 839, 59 Stat, 5 1 5,

AUTHORITY TO PRESCRIBE REGULATIONS

SEC. 202. (a) The Secretary of the Treasury (hereafter referred to as the "Secretary") is authorized and directed, under the authority of this title and any other authority conferred by law, to supplement regulations requiring the submission of reports on foreign currency transactions consistent with the statement of findings under section 201. Regulations prescribed under this title shall require that such reports contain such information and be submitted in such manner and at such times, with reasonable exceptions and classifications, as may be necessary to carry out the policy of this title. (b) Reports required under this title shall cover foreign currency transactions conducted by any United States person and by any foreign person controlled by a United States person as such terms are defined in section 7(f)(2)(A) and 7 (f)(2)(C) of the Securities Exchange Act of 1934.

84 Stat, 1124. 15 USC 78g,

ENFORCEMENT

SEC. 203. (a) Whoever fails to submit a report required under any rule or regulation issued under this title may be assessed a civil penalty not exceeding $10,000 in a proceeding brought under subsection (b) of this section. (b) Whenever it appears to the Secretary that any person has failed to submit a report required under any rule or regulation issued under this title or has violated any rule or regulation issued hereunder, the Secretary may in his discretion bring an action, in the proper district court of the United States or the proper United States court of any territory or other place subject to the jurisdiction of the United States, seeking a mandatory injunction commanding such person to comply with such rule or regulation, and upon a proper showing a permanent or temporary injunction or restraining order shall be granted without bond, and additionally the sanction provided for failure to submit a report under subsection (a). Approved September 21, 1973.

22-150 O - 75 - 25

Penalty.

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PUBLIC LAW 93-111-SEPT. 21, 1973

[87

STAT.

Public Law 93-111 September21, 1973 [S.1385]

Trust Territory of the P a c i f i c Islands, Civil government, continuance. Appropriation, 84 Stat. 1559. 48 USC 1681 note.

Government comptroller of Guam, additional duties. 82 Stat. 8 4 5. 48 USC 1422d.

Audit.

AN ACT To amend section 2 of the Act of June 30, 1954. a s amended, providing for the continuance of civil government for the T r u s t T e r r i to r y of the Pacific Islands.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2 of the Act of June 30, 1954 (68 Stat. 330), as amended, is amended by debting "for each of the fiscal years 1971, 1972, and 1973, $€0,000,000 \ and inserting in lieu thereof: "and for each of the fiscal years 1974 and 1975, $60,000,000 plus such sums as are necessary, but not to exceed $10,000,000, for each of such fiscal years, to offset reductions in, or the termination of, Federal grant-in-aid programs or other funds made available to the Trust Territory of the Pacific Islands by other Federal agencies". SEC. 2. The Act of June 30, 1954, as amended, is further amended by adding at the end thereof the following new section: "SEC. 4. (a) The government comptroller for Guam appointed pursuant to the provisions of section 9-A of the Organic Act of Guam shall, in addition to the duties imposed on him by such Act, carry out, on and after the date of the enactment of this section, the duties set forth in this section with respect to the government of the Trust Territory of the Pacific Islands. I n carrying out such duties, the comptroller shall be under the general supervision of the Secretary of the Interior and shall not be a part of any executive department in the government of the Trust Territory of the Pacific Islands, The salary and expenses of the comptroller's office shall, notwithstanding the provisions of subsection (a) of section 9-A of the Organic Act of Guam, be apportioned equitably by the Secretary of the Interior between Guam and the Trust Territory of the Pacific Islands from funds available to Guam and the trust territory. "(b) The government comptroller shall audit all accounts and review and recommend adjudication of claims pertaining to the revenue and receipts of the government of the Trust Territory of the Pacific Islands and of funds derived from bond issues; and he shall audit, in accordance with law and administrative regulations, all expenditures of funds and property pertaining to the government of the Trust Territory of the Pacific Islands including those pertaining to trust funds held by such government. "(c) I t shall be the duty of the government comptroller to bring to the attention of the Secretary of the Interior and the High Commissioner of the Trust Territory of the Pacific Islands all failures to collect amounts due the government, and the expenditures of funds or uses of property which are irregular or not pursuant to law. The audit activities of the government comptroller shall be directed so as to (1) improve the efficiency and economy of programs of the government of the Trust Territory of the Pacific Islands, and (2) discharge the responsibility incumbent upon the Congress to insure that the substantial Federal revenues which are covered into the treasury of such government are properly accounted for and audited. " (d) The decisions of the government comptroller shall be final except that appeal therefrom may, with the concurrence of the High Commissioner, be taken by the party aggrieved or the head of the department concerned, within one year from the date of the decision, to the Secretary of the Interior, which appeal shall be in writing and shall specifically set forth the particular action of the government comptroller to which exception is taken, with the reasons and the authorities relied upon for reversing such decision.

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"(e) If the High Commissioner does not concur in the taking of an appeal to the Secretary, the party aggrieved may seek relief by suit in the District Court of Guam, if the claim is otherwise within its jurisdiction. No later than thirty days following the date of the decision of the Secretary of the Interior, the party aggrieved or the High Commissioner, on behalf of the head of the department concerned, may seek relief by suit in the District Court of Guam, if the claim is otherwise within its jurisdiction. " (f) The government comptroller is authorized to communicate directly wnth any person or with any department officer or person having official relation with his office. H e may summon witnesses and administer oaths. " (g) As soon after the close of each fiscal year as the accounts of said co^^mi'sho°n"/l^d fiscal year may be examined and adjusted, the government compt^roller secretary of the shall submit to the High Commissioner and the Secretary ^f the ^"*^"°''Interior an annual report of the fiscal condition of the government, showing the receipts and disbursements of the various departments and agencies of the government. The Secretary of the Interior shall ^ent ^7the sl^nate submit such report along with his comments and recommendations and speaker o" the to the President of the Senate and the Speaker of the House of House. Representatives. " (h) The government comptroller shall make such other reports as may be required by the High Commissioner, the Comptroller General of the United States, or the Secretary of the Interior. " (i) The office and activities of the government comptroller pursuant to this section shall be subject to review by the Comptroller General of the United States, and reports thereon shall be made by him to the High Commissioner, the Secretary of the Interior, the President of the Senate and the Speaker of the House of Representatives. "(j) All departments, agencies, and establishments shall furnish a^^^^ia™^*t°_"' to the government comptroller such information regarding the powers, duties, activities, organization, financial transactions, and methods of business of their respective offices as he may from time to time require of them; and the government comptroller, or any of his assistants or employees, when duly authorized by him, shall, for the purpose of securing such information, have access to and the right to examine any books, documents, papers, or records of any such department, agency, or establishment." Approved September 21, 1973. Public Law 93-112 AN ACT

To replace the Vocational Rehabilitation Act, to extend and revise the authorization of grants to States for vocational rehabilitation services, with special emphasis on services to those with the most severe handicaps, to expand special Federal responsibilities and research and training programs with respect to handicapped individuals, to establish special responsibilities in the Secretary of Health, Education, and Welfare for coordination of all programs with respect to handicapped individuals within the Department of Health, Education, and Welfare, 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, with the following table of contents, may be cited as the "Rehabilitation Act of 1973":

September 26, 1973 fH R 80701

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PUBLIC LAW 93-112-SEPT. 26, 1973

[87 STAT.

TABLE OF CONTENTS Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

2. Declaration of purpose. 3. Rehabilitation Services Administration. 4. Advance funding. 5. Joint funding. 6. Consolidated rehabilitation plan. 7. Definitions. 8. Allotment percentage. 9. Audit. 10. Nonduplication. TITLE I—VOCATIONAL R E H A B I L I T A T I O N SERVICES PART A — GENERAL PROVISIONS

Sec. Sec. Sec. Sec. Sec.

100. Declaration of p u r p o s e; authorization of appropriations. 101. State plans. 102. Individualized written rehabilitation program. 103. Scope of vocational rehabilitation services. 104. Non-Federal share for construction. PART B — B A S I C VOCATIONAL REHABILITATION SERVICES

Sec. 110. State allotments. Sec. 111. Payments to States. Sec. 112. Client assistance. PART C — I N N O V A T I O N AND E X P A N S I O N GRANTS

Sec. 120. State allotments. Sec. 121. Payments to States. PART D — C O M P R E H E N S IV E SERVICE NEEDS

Sec. 130. Special study. TITLE II — R E S E A R C H AND T R A I N I N G Sec. 200. Declaration of purpose. Sec. 201. Authorization of appropriations. Sec. 202. Research. Sec. 203. Training. Sec. 204. Reports. TITLE III—SPECIAL FEDERAL RESPONSIBILITIES Sec. 300. Declaration of purpose. Sec. 301. G r a n t s for construction of rehabilitation facilities. Sec. 302. Vocational t r a i n i n g services for handicapped individuals. Sec. 303. Mortgage insurance for rehabilitation facilities. Sec, 304. Special projects and demonstrations. Sec. 305. National Center for Deaf-Blind Youths and Adults. Sec. 306. General g r a n t and contract requirements. TITLE IV — ADMINISTRATION AND PROGRAM AND P R O J E C T EVALUATION Sec. 400. Administration. Sec. 401. Program and project evaluation. Sec. 402. Obtaining information from Federal agencies. Sec. 403. Authorization of appropriations. Sec. 404. Reports. Sec. 405. Secretarial responsibility. Sec. 406. Sheltered workshop study. Sec. 407. State allocation study. TITLE V—MISCELLANEOUS Sec. Sec. Sec. Sec. Sec.

500. Effect on existing laws. 501. Employment of handicapped individuals. 502. Architectural and Transportation B a r r i e r s Compliance Board. 503. Employment under Federal contracts. 504. Nondiscrimination under Federal g r a n t s.

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DECLARATION OF PURPOSE

SEC. 2. The purpose of this Act is to provide a statutory basis for the Rehabilitation Services Administration, and to authorize programs to— (1) develop and implement comprehensive and continuing State plans for meeting the current and future needs for providing vocational rehabilitation services to handicapped individuals and to provide such services for the benefit of such individuals, serving jfirst those with the most severe handicaps, so that they may prepare for and engage in gainful employment; (2) evaluate the rehabilitation potential of handicapped individuals; (3) conduct a study to develop methods of providing rehabilitation services to meet the current and future needs of handicapped individuals for whom a vocational goal is not possible or feasible so that they may improve their ability to live with greater independence and self-sufficiency; (4) assist in the construction and improvement of rehabilitation facilities; (5) develop new and innovative methods of applying the most advanced medical technology, scientific achievement, and psychological and social knowledge to solve rehabilitation problems and develop new and innovative methods of providing rehabilitation services to handicapped individuals through research, special projects, and demonstrations; (6) initiate and expand services to groups of handicapped individuals (including those who are homebound or institutionalized) who have been underserved in the past; (7) conduct various studies and experiments to focus on long neglected problem areas; (8) promote and expand employment opportunities in the public and private sectors for handicapped individuals and to place such individuals in employment; (9) establish client assistance pilot projects; (10) provide assistance for the purpose of increasing the number of rehabilitation personnel and increasing their skills through training; and (11) evaluate existing approaches to architectural and transportation barriers confronting handicapped individuals, develop new such approaches, enforce statutory and regulatory standards and requirements regarding barrier-free construction of public facilities and study and develop solutions to existing architectural and transportation barriers impeding handicapped individuals. REHABILITATION

SERVICES

ADMINISTRATION

SEC. 3. (a) There is established in the Department of Health, Education, and Welfare a Rehabilitation Services Administration which

Establishment.

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Post, 390.

PUBLIC LAW 93-112-SEPT. 26, 1973

p p. 385,

Delegation of functions, s u b mittal of plan to Congress.

R e s e a r c h, coordination and consultation.

Post,

p. 375.

68 Stat. 652.

[87 STAT.

shall be headed by a Commissioner (hereinafter in this Act referred to as the "Commissioner") appointed by the President. Except for titles IV and V and as otherwise specifically provided in this Act, such Administration shall be the principal agency for carrying out this Act. The Secretary shall not approve any delegation of the functions of the Commissioner to any other officer not directly responsible to the Commissioner unless the Secretary shall first submit a plan for such delegation to the Congress. Such delegation is eflfective at the end of the first period of sixty calendar days of continuous session of Congress after the date on which the plan for such delegation is transmitted to i t: Provided, however, That within thirty days of such transmittal, the Secretary shall consult with the Committee on Labor and Public Welfare of the Senate and the Committee on Education and Labor of the House of Representatives respecting such proposed delegation. For the purposes of this section, continuity of session is broken only by an adjournment of Congress sine die, and the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the thirty-day and sixty-day periods. (b) The Secretary, through the Commissioner in coordination with other appropriate programs in the Department of Health, Education, and Welfare, in carrying out research under this Act shall establish the expertise and technological competence to, and shall, in consultation with, the National Science Foundation and the National Academy of Sciences develop and support, and stimulate the development and utilization (including production and distribution of new and existing devices) of, innovative methods of applying advanced medical technology, scientific achievement, and psychological and social knowledge to solve rehabilitation problems, and be responsible for carrying out the activities described in section 202(b)(2). (c) The Secretary shall take whatever action is necessary to insure that funds appropriated pursuant to this Act, as well as unexpended appropriations for carrying out the Vocational Rehabilitation Act (29 U.S.C. 31-42), are expended only for the programs, personnel, and administration of programs carried out under this Act. ADVANCE

FUNDING

SEC. 4. (a) For the purpose of affording adequate notice of funding available under this Act, appropriations under this Act are authorized to be included in the appropriation Act for the fiscal year preceding the fiscal year for which they are available for obligation. (b) I n order to effect a transition to the advance funding method of timing appropriation action, the authority provided by subsection (a) of this section shall apply notwithstanding that its initial application will result in the enactment in the same year (whether in the same appropriation Act or otherwise) of two separate appropriations, one for the then current fiscal year and one for the succeeding fiscal year.

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359

PUBLIC LAW 93-112-SEPT. 26, 1973 JOINT FUNDING

SEC. 5. Pursuant to regulations prescribed by the President, and to the extent consistent with the other provisions of this Act, where funds are provided for a single project by more than one Federal agency to an agency or organization assisted under this Act, the Federal agency principally involved may be designated to act for all in administering the funds provided, and, in such cases, a single non-Federal share requirement may be established according to the proportion of funds advanced by each agency. When the principal agency involved is the Rehabilitation Services Administration, it may waive any grant or contract requirement (as defined by such regulations) under or pursuant to any law other than this Act, which requirement is inconsistent with the similar requirements of the administering agency under or pursuant to this Act. CONSOLIDATED REHABILITATION PLAN

SEC. 6. (a) I n order to secure increased flexibility to respond to the varying needs and local conditions within the State, and in order to permit more effective and interrelated planning and operation of its rehabilitation programs, the State may submit a consolidated rehabilitation plan which includes the State's plan under section 101(a) of this Act and its program for persons with developmental disabilities under the Developmental Disabilities Services and Facilities Construction Amendments of 1970: Provided, That the agency administering such State's program under such Act concurs in the submission of such a consolidated rehabilitation plan. (b) Such a consolidated rehabilitation plan must comply with, and be administered in accordance with, all the requirements of this Act and the Developmental Disabilities Services and Facilities Construction Amendments of 1970. If the Secretary finds that all such requirements are satisfied, he may approve the plan to serve in all respects as the substitute for the separate plans which would otherwise be required with respect to each of the programs included therein, or he may advise the State to submit separate plans for such programs. (c) Findings of noncompliance in the administration of an approved consolidated rehabilitation plan, and any reductions, suspensions, or terminations of assistance as a result thereof, shall be carried out in accordance with the procedures set forth in subsections (c) and (d) of section 101 of this Act. DEFINITIONS

SEC. 7. For the purposes of this Act: (1) The term "construction" means the construction of new buildings, the acquisition, expansion, remodeling, alteration, and renovation of existing buildings, and initial equipment of such buildings, and the term "cost of construction" includes architects' fees and acquisition of land in connection with construction but does not include the cost of offsite improvements. (2) The term "criminal act" means any crime, including an act, omission, or possession under the laws of the United States or a State or unit of general local government which poses a substantial threat of personal injury, notwithstanding that by reason of age, insanity, intoxication or otherwise the person engaging in the act, omission, or possession was legally incapable of committing a crime.

Election by State; agency concurrence.

Post, p. 363. 84 Stat. 1316. 42 USC 2670 note.

Noncompliance.

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Post, p. 36S.

Post, pp. 372, ^^p'ost, p. 370. Post, p. 368.

PUBLIC LAW 93-112-SEPT. 26, 1973

[87 STAT.

(3) The term "establishment of a rehabilitation facility" means the acquisition, expansion, remodeling, or alteration of existing buildings necessary to adapt them to rehabilitation facility purposes or to increase their effectiveness for such purposes (subject, however, to such limitations as the Secretary may determine, in accordance with regulations he shall prescribe, in order to prevent impairment of the objectives of, or duplication of, other Federal laws providing Federal assistance in the construction of such facilities), and the initial equipment for such buildings, and may include the initial staffing thereof. (4) The term "evaluation of rehabilitation potential" means, as appropriate in each case: (A) a preliminary diagnostic study to determine that the individual has a substantial handicap to employment, and that vocational rehabilitation services are needed; (B) a diagnostic study consisting of a comprehensive evaluation of pertinent medical, psychological, vocational, educational, cultural, social, and environmental factors which bear on the individual's handicap to employment and rehabilitation potential including, to the degree needed, an evaluation of the individual's personality, intelligence level, educational achievements, work experience, vocational aptitudes and interests, personal and social adjustments, employment opportunities, and other pertinent data helpful in determining the nature and scope of services needed; (C) an appraisal of the individual's patterns of work behavior and ability to acquire occupational skill, and to develop work attitudes, work habits, work tolerance, and social and behavior patterns suitable for successful job performance, including the utilization of work, simulated or real, to assess and develop the individual's capacities to perform adequately in a work environment; (D) any other goods or services provided for the purpose of ascertaining the nature of the handicap and whether it may reasonably be expected that the individual can benefit from vocational rehabilitation services; (E) referral; (F) the administration of these evaluation services; and (G)(i) the provision of vocational rehabilitation services to any individual for a total period not in excess of eighteen months for the purpose of determining whether such individual is a handicapped individual, a handicapped individual for whom a vocational goal is not possible or feasible (as determined in accordance with section 102(c)), or neither such individual; and (ii) an assessment, at least once in every ninety-day period during which such services are provided, of the results of the provision of such services to an individual to ascertain whether any of the determinations described in subclause (i) may be made. (5) The term "Federal share" means 80 per centum, except that it shall mean 90 per centum for the purposes of part C of title I of this Act and as specifically set forth in section 301(b)(3): Provided, That with respect to payments pursuant to part B of title I of this Act to any State which are used to meet the costs of construction of those rehabilitation facilities identified in section 103(b)(2) in such State, the Federal share shall be the percentages determined in accordance with the provisions of section 301(b)(3) applicable with respect to that State and that, for the purpose of determining the non-Federal share with respect to any State, expenditures by a political subdivision thereof or by a local agency shall, subject to such limitations and con ditions as the Secretary shall by regulation prescribe, be regarded af expenditures by such State.

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(6) The term "handicapped individual" means any individual who (A) has a physical or mental disability which for such individual constitutes or results in a substantial handicap to employment and (B) can reasonably be expected to benefit in terms of employability from vocational rehabilitation services provided pursuant to titles I and III of t h i s Act.

_

(7) The term "local agency" means an agency of a unit of general local government or of an Indian tribal organization (or combination of such units or organizations) which has an agreement with the State agency designated pursuant to section 101(a)(1) to conduct a vocational rehabilitation program under the supervision of such State agency in accordance with the State plan approved under section 101. Nothing in the preceding sentence of this paragraph or in section 101 shall be construed to prevent the local agency from utilizing another local public or nonprofit agency to provide vocational rehabilitation services: Provided, That such an arrangement is made part of the agreement specified in this paragraph. (8) The term "nonprofit", when used with respect to a rehabilitation facility, means a rehabilitation facility owned and operated by a corporation or association, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual and the income of which is exempt from taxation under section 501 (c)(3) of the Internal Revenue Code of 1954. (9) The term "public safety officer" means a person serving the United States or a State or unit of general local government, with or without compensation, in any activity pertaining to— (A) the enforcement of the criminal laws, including highway patrol, or the maintenance of civil peace by the National Guard or the Armed Forces, (B) a correctional program, facility, or institution where the activity is potentially dangerous because of contact with criminal suspects, defendants, prisoners, probationers, or parolees, (C) a court having criminal or juvenile delinquent jurisdiction where the activity is potentially dangerous because of contact with criminal suspects, defendants, prisoners, probationers, or parolees, or (D) firefighting, fire prevention, or emergency rescue missions. (10) The term "rehabilitation facility" means a facility which is operated for the primary purpose of providing vocational rehabilitation services to handicapped individuals, and which provides singly or in combination one or more of the following services for handicapped individuals: (A) vocational rehabilitation services which shall include, under one management, medical, psychological, social, and vocational services, (B) testing, fitting, or training in the use of prosthetic and orthotic devices, (C) pre vocational conditioning or recreational therapy, (D) physical and occupational therapy, (E) speech and hearing therapy, (F) psychological and social services, (G) evaluation of rehabilitation potential, (H) personal and work adjustment, (I) vocational training with a view toward career advancement (in combination with other rehabilitation services), (J) evaluation or control of specific disabilities, (K) orientation and mobility services to the blind, and (L) extended employment for those handicapped individuals who cannot be readily absorbed in the competitive labor market, except that all medical and related health services must be prescribed by, or under the formal supervision of, persons licensed to prescribe or supervise the provision of such services in the State. (11) The term "Secretary", except when the context otherwise requires, means the Secretary of Health, Education, and Welfare.

3^^°*^' pp- 363,

^°®'' P- 363.

68A Stat. lea.

26 USC 501.

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