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PUBLIC LAW 91-626-DEC. 31, 1970

[84 STAT.

Public Law 91-626 December 31, 1970

[S.4571]

Central Intelligence Agency R e. tirement Act of 1964 for Certain Employees, amendments. '«Childi»»

Child's annuity.

Prior service, credit for participants. 83 Stat. 847. Commencement date.

AN

ACT

To amend the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended, and for other purposes.

Be it enacted by the Senate and House of Represeiitatives of the United States of America in Congress assembled, That— SECTION 1. Section 204(b) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (78 Stat. 1043; 50 TJ.S.C. 403 note), is amended by striking subsection (3) and inserting the following in lieu thereof: "(3) 'Child', for the purposes of sections 221 and 232 of this Act, means an unmarried child, including (i) an adopted child, and (ii) a stepchild or recognized natural child who lived with the participant in a regular parent-child relationship, under the age of eighteen years, or such unmarried child regardless of age who because of physical or mental disability incurred before age eighteen is incapable of selfsupport, or such unmarried child between eighteen and twenty-two years of age who is a student regularly pursuing a full-time course of study or training in residence in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution. A child whose twenty-second birthday occurs prior to July 1 or after August 31 of any calendar year, and while he is regularly pursuing such a course of study or training, shall be deemed for the purposes of this paragraph and section 221(e) of this Act to have attained the age of twenty-two on the first day of July following such birthday. A child who is a student shall not be deemed to have ceased to be a student during any interim between school years if the interim does not exceed five months and if he shows to the satisfaction of the Director that he has a bona fide intention of continuing to pursue a course of study or training in the same or different school during the school semester (or other period into which the school year is divided) immediately following the interim. The term 'child', for purposes of section 241, shall include an adopted child and a natural child, but shall not include a stepchild,". SEC. 2. Section 221(e) of the Central Intelligence Agency Retirement Act (50 U.S.C. 403 note) is amended to read as follows: "(e) The commencing date of an annuity payable to a child under paragraph (c) or (d) of this section, or (c) or (d) of section 232, shall be deemed to be the day after the annuitant or participant dies, with payment beginning on that day or beginning or resuming on the first day of the month in which the child later becomes or again becomes a student as described in section 204(b)(3), provided the lump-sum credit, if paid, is returned to the fund. Such annuity shall terminate on the last day of the month before (1) the child's attaining age eighteen unless he is then a student as described or incapable of self-support, (2) his becoming capable of self-support after attaining age eighteen unless he is then such a student, (3) his attaining age twenty-two if he is then such a student and not incapable of selfsupport, (4) his ceasing to be such a student after attaining age eighteen unless he is then incapable of self-support, (5) his marriage, or (6) his death, whichever first occurs.". SEC. 3. Section 221 of the Central Intelligence Agency Retirement Act (50 U.S.C. 403 note) is amended by deleting the last two sentences of paragraph (f), and adding the following new paragraphs (i), (j), and (k): " (i) Except as otherwise provided, the annuity of a participant shall commence on the day after separation from the service, or on the day

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PUBLIC LAW 91-626-DEC. 31, 1970

after salary ceases and the participant meets the service and the age or disability requirements for title thereto. The annuity of a participant under section 234 shall commence on the day after the occurrence of the event on which payment thereof is based. An annuity otherwise payable from the fund allowed on or after date of enactment of this provision shall commence on the day after the occurrence of the event on which payment thereof is based. " (j) An annuity payable from the fund on or after date of enactment of this provision shall terminate (1) in the case of a retired participant, on the day death or any other terminating event occurs, or (2) in the case of a survivor, on the last day of the month before death or any other terminating event occurs. " (k) The annuity computed under this section is reduced by 10 per centum of a special contribution described by section 252(b) remaining unpaid for civilian service for which retirement deductions have not been made, unless the participant elects to eliminate the service involved for the purpose of annuity computation.". SEC. 4, Section 236 of the Central Intelligence Agency Retirement Act (50 U.S.C. 403 note) is amended by deleting the words "nor a total of four hundred" and substituting the words "nor a total of eight hundred". SEC. 5. Section 252 of the Central Intelligence Agency Retirement Act (50 U.S.C. 403 note) is amended by deleting paragraph (c)(1); renumbering paragraphs (c)(2) and (c)(3) to read (c)(3) and (c)(4); and inserting the following new paragraphs (c)(1) and (c)(2): "(c)(1) If an officer or employee under some other Government retirement system becomes a participant in the system by direct transfer, the Government's contributions (including interest accrued thereon computed at the rate of 3 per centum a year compounded annually) under such retirement system on behalf of the officer or employee shall be transferred to the fund and such officer or employee's total contributions and deposits (including interest accrued thereon), except voluntary contributions, shall be transferred to his credit in the fund effective as of the date such officer or employee becomes a participant in the system. Each such officer or employee shall be deemed to consent to the transfer of such funds and such transfer shall be a complete discharge and acquittance of all claims and demands against the other Government retirement fund on account of service rendered prior to becoming a participant in the system. " (c)(2) If a participant in the system becomes an employee under another Government retirement system by direct transfer to employment covered by such system, the Government's contributions (including interest accrued thereon computed at the rate of 3 per centum a year compounded annually) to the fund on his behalf shall be transferred to the fund of the other system and his total contributions and deposits, including interest accrued thereon, except voluntary contributions, shall be transferred to his credit in the fund of such other retirement system effective as of the date he becomes eligible to participate in such other retirement system. Each such officer or employee shall be deemed to consent to the transfer of such funds and such transfer shall be a complete discharge and acquittance of all claims and demands against the fund on account of service rendered prior to his becoming eligible for participation in such other system.". SEC. 6. Section 252 of the Central Intelligence Agency Retirement Act (50 U.S.C. 403 note) is amended by adding the following new paragraph (g):

1873

Termination.

10 percent annuity reduction.

Retirements, limitation. 78 Stat. 1049.

Government contributions, transfer.

Prior service credit, survivor contributions.

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PUBLIC LAW 91-627-DEC. 31, 1970

[84 STAT.

" (g) For the purpose of survivor annuity, special contributions authorized by paragraph (b) of this section may also be made by the survivor of a participant.". Approved December 31, 1970.

Public Law 91-627 December 31, 1970 [ H. R. 380]

Yakima T r i b e s. Non-members, inheritance. 25 USC 607.

AN ACT To amend section 7 of the Act of August 9, 1946 (60 Stat. 968),

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 7 of the Act of August 9, 1946 (60 Stat. 968), is amended to read as follows: "SEC. 7. (a) A person who is not an enrolled member of the Yakima Tribes with one-fourth degree or more blood of such tribes shall not be entitled to receive by devise or inheritance any interest in trust or restricted land within the Yakima Reservation or within the area ceded by the Treaty of June 9, 1855 (12 Stat. 1951), if, while the decedent's estate is pending before the Examiner of Inheritance, the Yakima Tribes pay to the Secretary of the Interior, on behalf of such person, the fair market value of such interest as determined by the Secretary of the Interior after appraisal. The interest for which payment is made shall be held by the Secretary in Trust for the Yakima Tribes. "(b) On request of the Yakima Tribes the Examiner of Inheritance shall keep an estate pending for not less than two years from the date of decedent's death. "(c) When a person who is prohibited by subsection (a) from acquiring any interest by devise or inheritance is a surviving spouse of the decedent, a life estate in one-half of the interest acquired by the Yakima Tribes shall, on the request of such spouse, be reserved for that spouse and the value of such life estate so reserved shall be reflected in the Secretary's appraisal under subsection (a). " SEC. 2. The provisions of section 7 of the Act of August 9, 1946, as amended by this Act, shall apply to all estates pending before the Examiner of Inheritance on the date of this Act, and to all future estates, but shall not apply to any estate heretofore closed. Approved December 31, 1970.

Public Law 91-628 December 31, 1970 [ H. R. 14683]

John H. Overton Lock and Dam, Alexandria, L a. Designation.

AN ACT To designate as the John H. Overton Lock and Dam the lock and dam authorized to be constructed on the Red River near Alexandria, Louisiana,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the lock and dam authorized by section 101 of the River and Harbor Act of 1968 (82 Stat. 731) for construction on the Red River at about mile 70.3 near Alexandria, Louisiana, shall be known and designated as the John H. Overton Lock and Dam. Any law, regulation, map, document, or record of the United States in which such lock and dam are referred to as lock and dam numbered 2 of the Red River below the Fulton, Arkansas, project, or in any other manner, shall be held to refer to such lock and dam as the John H. Overton Lock and Dam. Approved December 31, 1970.

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1875

PUBLIC LAW 91-630-DEC. 31, 1970

Public Law 91-629 AN ACT To amend the Act of October 15, 1966 (80 Stat. 953; 20 U.S.C. 65a), relating to the National Museum of the Smithsonian Institution, so as to authorize additional appropriations to the Smithsonian Institution for carrying out the purposes of said Act.

December 31, 1970

Cs. 704]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2(b) Smithsonian mof the National Museum Act of 1966 (20 U.S.C. 66a) is amended to ^'Appi-TpViation m. read:

"(b) There are hereby authorized to be appropriated to the Smithsonian Institution such sums as may be necessary to carry out the purposes of this Act: Provided, That no more than $1,000,000 shall be appropriated annually through fiscal year 1974, of which $300,000, annually, shall be allocated and used as follows: " (A) 331/^ per centum shall be available for the purposes of clause (2) of subsection (a); " (B) 331/^ per centum shall be available for transfer to the National Endowment for the Arts for assistance to museums under section 5(c) of the National Foundation on the Arts and Humanities Act of 1965; and " (C) 331^ per centum shall be available for transfer to the National Endowment for the Humanities for assistance to museums under section 7(c) of the National Foundation on the Arts and Humanities Act of 1965.". SEC. 2. Section 2(a)(2) of the National Museum Act of 1966 (20 U.S.C. 65a(2)) is amended to read as follows: "(2) prepare and carry out programs by grant, contract, or directly for training career employees in museum practices in cooperation with museums, their professional organizations, and institutions of higher education either at the Smithsonian Institution or at the cooperating museum, organization, or institutions;". Approved December 31, 1970.

crease.

^° ^*^'' ^^^•

82 Stat. 185. 20 USC 954.

79 Stat. 850. 20 USC 956.

Public Law 91-630 AN ACT To permit certain Federal employment to be counted toward retirement.

December 31, 1970 [S.2984]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 115 of n,e^^f^''^^ retirethe Social Security Amendments of 1954 is hereby repealed. covered emSEC. 2. (a) The repeal of such section 115, made by the first section "^^"^^^J^^ of this Act, shall not apply in the case of a person who, on the date of 68'^strt.* io87. enactment of this Act, is receiving or is entitled to receive benefits 42 USC 410 note. under any retirement system established by the United States or any instrumentality thereof unless he requests, in writing, the office which administers his retirement system to apply it in his case. (b) Any additional benefits payable pursuant to a request made Effective date. under subsection (a) of this section shall commence on the first of the month following enactment of this Act. Approved December 31, 1970.

47-348 O - 72 - 35 (Pt. 2)

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PUBLIC LAW 91-631-DEC. 31, 1970

[84 STAT.

Public Law 91-631 December 31, 1970 [S.719]

Mining and Minerals Policy Act of 1970.

•'Minerals."

Report to Congress.

AN ACT To establish a national mining and minerals policy.

Be it enacted by the Senate and House of Representatives of the United States of Amenca in Congress assembled, That this Act may be cited as the "Mining and Minerals Policy Act of 1970", SEC. 2. The Congress declares that it is the continuing policy of the Federal Government in the national interest to foster and encourage private enterprise in (1) the development of economically sound and stable domestic mining, minerals, metal aiiid mineral reclamation industries, (2) the orderly and economic development of domestic mineral resources, reserves, and reclamation of metals and minerals to help assure satisfaction of industrial, security and environmental needs, (3) mining, mineral, and metallurgical research, including the use and recycling of scrap to promote the wise and efficient use of our natural and reclaimable mineral resources, and (4) the study and development of methods for the disposal, control, and reclamation of mineral waste products, and the reclamation of mined land, so as to lessen any adverse impact of mineral extraction and processing upon the physical environment that may result from mining or mineral activities. For the purpose of this Act "minerals" shall include all minerals and mineral fuels including oil, gas, coal, oil shale and uranium. I t shall be the responsibility of the Secretary of the Interior to carry out this policy when exercising his authority under such programs as may be authorized by law other than this Act. For this purpose the Secretary of the Interior shall include in his annual report to the Congress a report on the state of the domestic mining, minerals, and mineral reclamation industries, including a statement of the trend in utilization and depletion of these resources, together with such recommendations for legislative programs as may be necessary to implement the policy of this Act. Approved December 31, 1970.

Public Law 91-632 December 31, 1970 [ H. J. R e s. 1162]

South Pacific Commission. U.S. participEition. 79 Stat. 2 8 1.

JOINT RESOLUTION To amend Public Law 403, Eightieth Congress, of January 28, 1948, providing for membership and participation by the United States in the South Pacific Commission.

Resolved by the Senate and House of Representatives of the United States of America in Congress asseniMed, That section 3(a) of Public Law 403, Eightieth Congress, entitled "Joint resolution providing for membership and participation by the United States in the South Pacific Commission and authorizing an appropriation therefor" as amended (22 U.S.C. 280b) is hereby amended to read as follows: " (a) such sums as may be required annually not to exceed $250,000 per fiscal year for the payment by the United States of its proportionate share of the expenses of the Commission and its auxiliary and subsidiary bodies, in accordance with article X IV of the agreement establishing the South Pacific Commission, as amended." Approved December 31, 1970.

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STAT.]

PUBLIC LAW 91-635-DEC. 31, 1970

1877

Public Law 91-633 AN A r i T i\i> ^^ 1.

December 31, 1970

To name a Federal buikling in Memphis, Tennessee, for the late Clifford Davis.

[H.R. 19890]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Federal building located at 167 North Main Street, Memphis, Tennessee, shall hereafter be known and designated as the "Clifford Davis Federal Building'-. Any reference in a law, map, regulation, document, record, or other paper of the Ignited States to such Federal building shall be held to be a reference to the "Clifford Davis Federal Building". Approved December 31, 1970.

Clifford Davis Federal Building, Designation.

Public Law 91-634 AN ACT December 31, 1970 To designate the lake formed by the waters impounded by the Butler Valley [H.R. 19855] Dam, California, as "Blue Lake".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the lake formed by the waters impounded by the Butler Valley Dam in the State of California, located on the Mad River, shall hereafter be known as Blue Lake and any law, regulation, document, or record of the United States in which such lake is designated or referred to shall be held to refer to such lake under and by the name of "Blue Lake". Approved December 31, 1970.

Blue Lake, Calif. Designation.

Public Law 91-635 AN ACT December 31, 1970 To extend until December 31, 1972, the suspension of duty on electrodes for use in [H.R. 16940] producing aluminum.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the matter appearing in the effective period column for item 909.25 of the Tariff Schedules of the United States (19 U.S.C. 1202) is amended by striking out "12/31/70" and inserting in lieu thereof "12/31/72". SEC. 2. The amendment made by the first section of this Act shall apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after the dat^ of the enactment of this Act. Approved December 31, 1970.

Certain electrodes. Duty suspension, extension. 83 Stat. 36.

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PUBLIC LAW 91-636-DEC. 31, 1970

[84 STAT.

Public Law 91-636 December 31, 1970

AN ACT

[H. R. 8933]

To provide that the lock and dam referred to as the "Jackson lock and dam" on the Tombigbee River, Alabama, shall hereafter be known as the Coffeeville lock and dam.

Be it enacted by the Senate and House of Representatives of the Dck anriim la ^'^^^^^ Stutes of America in Congress assembled, That the Jackson ''DeTi^nau^A. ^' lock and daiii on the Tombigbee Eiver, Alabama, shall hereafter be known and designated as the "Coffeeville lock and dam". Any law, regulation, map, or record of the United States in which such lock and dam is referred to shall be held and considered to refer to such lock and dam by the name of the "Coffeeville lock and dam". Approved December 31, 1970.

Public Law 91-637 December 31, 1970

AN ACT

[H.R. 12564]

To rename a pool of the Cross Florida Barge Canal "Lake Ocklawaha".

Be it enacted by the Senate and House of Representatives of the Lake Ocklawaha. United States of America in Congress assembled, That the Rodman Designation, Pool, or impoundagc, of the Cross Florida Barge Canal shall, after the date of enactment of this Act, be known and designated as "Lake Ocklawaha". Any law, regulation, map, document, or record of the United States in which such pool, reservoir, or impoundage is referred to shall be held and considered to refer to such pool, reservoir, or impoundage as "Lake Ocklawaha." Approved December 31, 1970.

Public Law 91-638 AN ACT December 31, 1970

[H.R. 13862]

Desf n^on"

To authorize the naming of the reservoir to be created by the Little Goose lock and dam, Snake River, Washington, in honor of the late Doctor Enoch A. Bryan. Be it enacted by the Senate and House of Representatives of the United States of Amenca in Congress assembled, That the reservoir to be created by the Little Goose lock and dam on the Snake River in Washington shall be known and designated as Lake Bryan. Any law, regulation, document, or record of the United States in which such reservoir is designated or referred to under the name of Little Goose Reservoir, shall be held to refer to such body of water under and by the name of Lake Bryan. Approved December 31, 1970.

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PUBLIC LAW 91-641-DEC. 31, 1970

1879

Public Law 91-639 AN ACT December 31, 1970

To change the name of the West Branch Dam and Reservoir, Mahoning River, Ohio, to the Michael J. Kirwan Dam and Reservoir.

[H.R. 18858]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the West Michaei j. Branch Dam and Eeservoir, Mahoning River, Ohio, authorized by Re'^TLrvoir!"' °" section 203 of the River and Harbor Act of 1958 (72 Stat. 297), shall Designation. hereafter be known as the Michael J. Kirwan Dam and Reservoir, and any law, regulation, document, or record of the United States in which such project is designated or referred to shall be held to refer to such project under and by the name of "Michael J. Kirwan Dam and Reservoir". Approved December 31, 1970.

Public Law 91-640 AN A P T j^pi rt.^^ J.

To officially designate the Totten Trail Pumping Station.

December 31, 1970

[H. R. 3107]

Be it enacted by the Semite and House of Representatives of the United States of America in Congress assembled, That the pumping Totten xraii station at the Snake Creek arm of the reservoir formed by Garrison ^'^"'e^'/^nftTon!"' Dam, North Dakota, shall hereafter be known as the Totten Trail Pumping Station. SEC. 2. Any laws, regulations, documents, or records of the United States in which such pumping station is designated or referred to shall be held to refer to such pumping station under and by the name of "Totten Trail Pumping Station". Approved December 31, 1970.

Public Law 91-641 JOINT RESOLUTION

December 31, 1970

To extend the time for the proclamation of marketing quotas for hurley tobacco for the three marketing years beginning October 1, 1971.

fs. j. Res. 249]

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding any other provision of law, the Secretary of Agriculture may defer until March 1, 1971, any proclamation under section 312 of the Agricultural Adjustment Act of 1938, as amended, with respect to national marketing quotas for burley tobacco for the three marketing years beginning October 1, 1971. Approved December 31, 1970.

To b a c c o marketing quota s.

f^„t*^*; ffj 7 """ 1312. ^ u s e ' '"

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PUBLIC LAW 91-642-DEC. 31, 1970

[84

STAT.

Public Law 91-642 December 31, 1970 [H.R. 17473]

Taxes. Floor stock refunds. Claims, filing extension. 79 Stat. 142. 26 USC 6412 note.

Moving expenses. 83 Stat. 580. 26 USC 217 note. Martha W. Brice estate. 68A Stat. 3 7 3.

AN ACT To extend the period for filing certain manufacturers claims for floor stocks refunds under section 209(b) of the Excise Tax Reduction Act of 1965, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in applying section 2 0 9 (b)(1)(A) of the Excise Tax Reduction Act of 1965 (relating to floor stocks refunds with respect to certain manufacturers excise taxes), a claim for credit or refund filed by the manufacturer, producer, or importer with the Secretary of the Treasury or his delegate on or before the ninetieth day after the date of the enactment of this Act shall be treated as satisfying the requirement of such section 209(b)(1)(A) of filing on or before February 10, 1966, or on or before August 10, 1966, as the case may be. SEC. 2. Section 231(d)(1) of the Tax Reform Act of 1969 is amended by striking out "July 1, 1970" and inserting in lieu thereof "January 1, 1971". SEC. 3. For purposes of the tax imposed by section 2001 of the Internal Revenue Code of 1954 (relating to the estate tax), the value of the taxable estate of Martha W. Brice, who died on November 2, 1969, shall be determined by deducting from the value of the gross estate of the said Martha W. Brice (in addition to any other deductions and exemptions allowed by part IV of subchapter A of chapter II of such Code) an amount equal to any amounts transferred, prior to the time prescribed by law (including any extensions thereof) for the filing of an estate tax return for such estate, from the proceeds of such estate to a charitable use specified by item III of the will of the said Martha W. Brice, executed on July 3, 1969. Approved December 31, 1970.

Public Law 91-643 January 1, 1971 [H.J. R e s. 1416]

Ninety-second Congress.

JOINT RESOLUTION Fixing the time of assembly of the Ninety-second Congress. Resolred by the Senate and House of Representatives of the United States of America in Congress Assembled^ That the Ninety-second Congress shall assemble at noon on January 21, 1971. Approved January 1, 1971.

Public Law 91-644 January 2, 1971

[H.R. 17825]

Omnibus Crime Control Act of 1970.

AN ACT To amend the Omnibus Crime Control and Safe Streets Act of 1968, 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 "Om7iibus Crime Control Act of 1970".

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1881

TITLE I—OMNIBUS C R I M E CONTROL A N D S A F E STREETS ACT AMENDMENTS LAW ENFORCEMENT ASSISTANCE ADMINISTRATION

SEC. 2. Section 101 of the Omnibus Crime Control and Safe Streets Act of 1968 is amended to read as follows: "SEC. 101. (a) There is hereby established within the Department of Justice under the general authority of the Attorney General, a Law Enforcement Assistance Administration (hereinafter referred to in this title as 'Administration') composed of an Administrator of Law Enforcement Assistance and two Associate Administrators of Law Enforcement Assistance, who shall be appointed by the President, by and with the advice and consent of the Senate. I^eginning after the end of the term of either of the present incumbents, one of the Associate Administrators shall be a member of a political party other than that of the President. "(b) The Administrator shall be the executive head of the agency and shall exercise all administrative powers, including the appointment and supervision of Administration personnel. All of the other functions, powers, and duties created and established by this title shall be exercised by the Administrator with the concurrence of either one or both of the two Associate AdministratorS."' PLANNING

»2 Stat. 198. ^2 USC 3711.

GRANTS

SEC. 3. (a) The third sentence of section 203(a) of the Omnibus Crime Control and Safe Streets Act of 1968 is amended to read as follows: "The State planning agency and any regional planning units within the State shall, within their respective jurisdictions, be representative of the law enforcement agencies, units of general local government, and public agencies maintaining programs to reduce and control crime." (b) Subsection (c) of section 203 of such Act is amended by inserting the following after the period at the end of the first sentence: "The Administration may waive this requirement, in whole or in part, upon a finding that the requirement is inappropriate in view of the respective law enforcement planning responsibilities exercised by the State and its units of general local government and that adherence to the requirement would not contribute to the efficient development of the State plan required under this part. I n allocating funds under this subsection, the State planning agency shall assure that major cities and counties within the State receive planning funds to develop comprehensive plans and coordinate functions at the local level." (c) Subsection (c) of section 203 is amended further by striking out the word "the preceding sentence" and inserting in lieu thereof "this subsection". (d) Section 204 of such Act is amended by striking the second sentence.

42 USC 3723.

42 USC 3724.

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PUBLIC LAW 91-644-JAN. 2, 1971

[84 STAT.

GRANTS FOR LAW ENFORCEMENT PURPOSES

42 USC 37^31.

SEC. 4. Part C of title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended as follows: (1) Section 301(b)(4) is amended to read as follows: "(4) Constructing buildings or other physical facilities which would fulfill or implement the purpose of this section, including local correctional facilities, centers for the treatment of narcotic addicts, and temporary courtroom facilities in areas of high crime incidence." (2) Subsection (b) of section 301 is amended by adding at the end thereof the following new paragraphs: "(8) The establishment of a Criminal Justice Coordinating Council for any unit of general local government or any combination of such units within the State, having a population of two hundred and fifty thousand or more, to assure improved planning and coordination of all law enforcement activities. "(9) The development and operation of community based delinquent prevention and correctional programs, emphasizing halfway houses and other community based rehabilitation centers for initial preconviction of postconviction referral of offenders; expanded probationary programs, including paraprofessional and volunteer participation; and community service centers for the guidance and supervision of potential repeat youthful offenders." (3) Subsection (c) of section 301 is amended to read as follows: "(c) The portion of any Federal grant made under this section for the purposes of paragraph (5) or (6) of subsection (b) of this section may be up to 75 per centum of the cost of the program or project specified in the application for such grant. The portion of any Federal grant made under this section for the purposes of paragraph (4) of subsection (b) of this section may be up to 50 per centum of the cost of the program or project specified in the application for such grant. The portion of any Federal grant made under this section to be used for any other purpose set forth in this section may be up to 75 per centum of the cost of the program or project specified in the application for such grant. No part of any grant made under this section for the purpose of renting, leasing, or constructing buildings or other physical facilities shall be used for land acquisition. In the case of a grant under this section to an Indian tribe or other aboriginal group, if the Administration determines that the tribe or group does not have sufficient funds available to meet the local share of the cost of any program or project to be funded under the grant, the Administration may increase the Federal share of the cost thereof to the extent it deems necessary. Effective July 1, 1972, at least 40 per centum of the non-Federal funding of the cost of any program or project to be funded by a grant under this section shall be of money appropriated in the aggregate, by State or individual unit of government, for the purpose of the shared funding of such programs or projects." (4) Su'bsection (d) of section 301 is amended to read as follows: " (d) Not more than one-third of any grant made under this section may be expended for the compensation of police and other regular law enforcement personnel. The amount of any such grant expanded for the compensation of such personnel shall not exceed the amount of State or local funds made available to increase such compensation. The limitations contained in this subsection shall not apply to the

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PUBLIC LAW 91-644-JAN. 2, 1971

compensation of personnel for time engaged in conducting or undergoing training programs or to the compensation of personnel engaged in research, development, demonstration or other short-term programs." (5) Section 303 is amended by inserting immediately after the first sentence the following new sentence: "No State plan shall be approved as comprehensive unless the Administration finds that the plan provides for the allocation of adequate assistance to deal with law enforcement problems in areas characterized by both high crime incidence and high law enforcement activity." (6) Paragraph (2) of Section 303 is amended by striking out the semicolon and inserting in lieu thereof the following: ", except that each such plan shall provide that beginning July 1, 1972, at least the per centum of Federal assistance gi*anted to the State planning agency under this part for any fiscal year which corresponds to the per centum of the State and local law enforcement expenditures funded and expended in the immediately preceding fiscal year by units of general local government will be made available to such units or combinations of such units in the immediately following fiscal year for the development and implementation of programs and projects for the improvement of law enforcement, and that with respect to such programs or projects the State will provide in the aggregate not less than one-fourth of the non-Federal funding. Per centum determinations under this paragraph for law enforcement funding and expenditures for such immediately preceding fiscal year shall be based upon the most accurate and complete data available for such fiscal year or for the last fiscal year for which such data are available. The Administration shall have the authority to approve such determinations and to review the accuracy and completeness of such data;" (7) Section 305 is amended to read as follows: "SEC. 305. Where a State has failed to have a comprehensive State plan approved under this title within the period specified by the Administration for such purpose, the funds allocated for such State under paragraph (1) of section 306(a) of this title shall be available for reallocation by the Administration under paragraph (2) of section 306(a)." (8) Section 306 is amended to read as follows: "SEC. 306. (a) The funds appropriated each fiscal year to make grants under this part shall be allocated by the Administration as follows: "(1) Eighty-five per centum of such funds shall be allocated among the States according to their respective populations for grants to State planning agencies. "(2) Fifteen per centum of such funds, plus any additional amounts made available by virtue of the application of the provisions of sections 305 and 509 of this title to the grant of any State, may, in the discretion of the Administration, be allocated among the States for grants to State planning agencies, units of general local government, or combinations of such units, according to the criteria and on the terms and conditions the Administration determines consistent with this title. Any grant made from funds available under paragraph (2) of this subsection may be up to 75 per centum of the cost of the program or project for which such grant is made. No part of any grant under such paragraph for the purpose of renting, leasing, or constructing buildings or other physical facilities shall be used for land acquisition. I n the case of a grant under such paragraph to an Indian tribe or

1883

82 Stat. 201. 42 USC 3733.

42 USC 3735.

42 USC 3736.

^"P*"^-

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Ante, p. 1882.

PUBLIC LAW 91-644-JAN. 2, 1971

[84 STAT.

other aboriginal group, if the Administration determines that the tribe or group does not have sufficient funds available to meet the local share of the costs of any program or project to be funded under the grant, the Administration may increase the Federal share of the cost thereof to the extent it deems necessary. The limitations on the expenditure of portions of grants for the compensation of personnel in subsection (d) of section 301 of this title shall apply to a grant under such paragraph. Effective July 1, 1972, at least 40 per centum of the non-Federal funding of the cost of any program or project to be funded by a grant under such paragraph shall be of money appropriated in the aggregate, by State or individual unit of government, for the purpose of the shared funding of such programs or projects. "(b) If the Administration determines, on the basis of information available to it during any fiscal year, that a portion of the funds allocated to a State for that fiscal year for grants to the State planning agency of the State will not be required by the State, or that the State will be unable to qualify to receive any portion of the funds under the requirements of this part, that portion shall be available for reallocation to other States under paragraph (1) of subsection (a) of this section." TRAINING, EDUCATION, RESEARCH, DEMONSTRATION, AND SPECIAL GRANTS

82 Stat. 203.

42 USC 3741 42 USC 3746

SEC. 5. Part D of title I of the Omnibus Crime Control and Safe Strects Act of 1968 is amended as follows: (1) Section 406 is amended— (A) by striking "in areas directly related to law enforcement or preparing for employment in law enforcement" in the first sentence of subsection (b) and inserting in lieu thereof "in areas related to law enforcement or suitable for persons employed in law enforcement"; (B) by striking out "tuition and fees" in the first sentence of subsection (c) and inserting in lieu thereof "tuition, books, and fees"; and (C) by inserting at the end thereof the following new subsections: " (d) Full-time teachers or persons preparing for careers as fulltime teachers of courses related to law enforcement or suitable for persons employed in law enforcement, in institutions of higher education which are eligible to receive funds under this section, shall be eligible to receive assistance under subsections (b) and (c) of this section as determined under regulations of the Administration. "(e) The Administration is authorized to make grants to or enter into contracts with institutions of higher education, or combinations of such institutions, to assist them in planning, developing, strengthening, improving, or carrying out programs or projects for the development or demonstration of improved methods of law enforcement education, including— " (1) planning for the development or expansion of undergraduate or graduate programs in law enforcement; " (2) education and training of faculty members; " (3) strengthening the law enforcement aspects of courses leading to an undergraduate, graduate, or professional degree; and "(4) research into, and development of, methods of educating students or faculty, including the preparation of teaching materials and the planning of curriculums.

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The amount of a grant or contract may be up to Y5 per centum of the total cost of programs and projects for which a grant or contract is made. " (f) The Administration is authorized to enter into contracts to make, and make, payments to institutions of higher education for grants not exceeding $50 per week to persons enrolled on a full-time basis in undergraduate or graduate decree programs who are accepted for and serve in full-time internships m law enforcement agencies for not less than eight weeks during any summer recess or for any entire quarter or semester on leave from the degree program." (2) Part D is further amended by inserting after section 406 the „ \ '.

.

'^

^

1885

Enforcement personnel, training;

lollowing new sections: programs. "SEC. 407. The Administration is authorized to develop and support regional and national training programs, workshops, and seminars to instruct State and local law enforcement personnel in improved methods of crime prevention and reduction and enforcement of the criminal law. Such training activities shall be designed to supplement and improve, rather than supplant, the training activities of the State and units of general local government, and shall not duplicate the activities of the Federal Bureau of Investigation under section 404 of this title."

 * 2 Stat, 204.

"SEC. 408. (a) The Administration is authorized to establish and prosecuting atsupport a training program for prosecuting attorneys from State and tomeys, training local oiRces engaged in the prosecution of organized crime. The pro- p''°g'"^'«s. gram shall be designed to develop new or improved approaches, techniques, systems, manuals, and devices to strengthen prosecutive capabilities against organized crime. " (b) While participating in the training program or traveling in Travel expemses. connection with participation in the training program, State and local personnel shall be allowed travel expenses and a per diem allowance in the same manner as prescribed under section 5703(b) of title 5, United States Code, for persons employed intermittently in 8° s*^'- '^^^' JI

r^

J

•

83 Stat. 190,

the (jrovernment service. "(c) The cost of training State and local personnel under this section shall be provided out of funds appropriated to the Administration for the purpose of such training." CxRAXTS FOR CORRECTIONAL INSTITUTIONS AND FACILITIES

SEC. 6. (a) Title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by inserting immediately after part D the 82 Stat. 197. following: 42 USC 3701. " P A R T E — G R A N T S FOR CORRECTIONAL INSTITUTIONS AND FACILITIES

"SEC. 451. I t is the purpose of this part to encourage States and units of general local government to develop and implement programs and projects for the construction, acquisition, and renovation of correctional institutions and facilities, and for the improvement of correctional programs and practices. "SEC. 452. A State desiring to receive a grant under this part for any fiscal year shall, consistent with the basic criteria which the Administration establishes under section 454 of this title, incorporate its application for such grant in the comprehensive State plan submitted to the Administration for that fiscal year in accordance with section 802 of this title. ^2 USC 3732.

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text: Canadian Appeal for the Widows and Orphans of the South African War


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32 sta^. 20K

42 USC 3733. lOTTor. " " '

PUBLIC LAW 91-644-JAN. 2, 1971

[84 STAT.

"SEC. 453. The Administration is authorized to make a grant under this part to a State planning agency if the application incorporated in the comprehensive State plan— "(1) sets forth a comprehensive statewide program for the construction, acquisition, or renovation of correctional institutions and facilities in the State and the improvement of correctional programs and practices throughout the State; "(2) provides satisfactory assurances that the control of the funds and title to property derived therefrom shall be in a public agency for the uses and purposes provided in this part and that a public agency will administer those funds and that property; "(3) provides satisfactory assurances that the availability of funds under this part shall not reduce the amount of funds under part C of this title which a State would, in the absence of funds under this part, allocate for purposes of this part; "(4) provides satisfactory emphasis on the development and operation of community-based correctional facilities and programs, including diagnostic services, halfway houses, probation, and other supervisory release programs for preadjudication and postadjudication referral of delinquents, youthful offenders, and first offenders, and community-oriented programs for the supervision of parolees; "(5) provides for advanced techniques in the design of institutions and facilities; "(6) provides, where feasible and desirable, for the sharing of correctional institutions and facilities on a regional basis; "(7) provides satisfactory assurances that the personnel standards and programs of the institutions and facilities will reflect advanced practices; " (8) provides satisfactory assurances that the State is engaging in projects and programs to improve the recruiting, organization, traming, and education of personnel employed in correctional activities, including those of probation, parole, and rehabilitation; and "(9) complies with the same requirements established for comprehensive State plans under paragraphs (1), (3), (4), (5), (7), (8), (9), (10), (11) and (12) of section 303 of this_title. _ "SEC. 454. The Administration shall, after consultation with the Federal Bureau of Prisons, by regulation prescribe basic criteria for applicants and grantees under this part. "SEC. 455. (a) The funds appropriated each fiscal year to make grants under this part shall be allocated by the Administration as follows: "(1) Fifty per centum of the funds shall be available for grants to State planning agencies. "(2) The remaining fifty per centum of the funds may be made available, as the Administration may determine, to State planning agencies, units of general local government, or combinations of such units, according to the criteria and on the terms and conditions the Administration determines consistent with this part. Any grant made from funds available under this part may be up to 75 per centum of the cost of the program or project for which such grant is made. No funds awarded under this part may be used for land acquisition.

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'-(b) If the Administration determines, on the basis of information available to it during any fiscal year, that a portion of the funds granted to an applicant for that fiscal year will not be required by the applicant or will become available by virtue of the application of the provisions of section 509 of this title, that portion shall be available H u?c a^??. for reallocation under paragraph (2) of subsection (a) of this section." (b) Section 601 of such Act is amended by inserting at the end '^^ use 378i. thereof the following new subsection: "(1) The term 'correctional institution or facility' means any place. "coirectionai „

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•

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rv

1

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institution or

tor the confinement or rehabilitation of juvenile oiienders or individ- facility." uals charged with or convicted of criminal offenses." (c) Part E and part F of title I of such Act are redesignated as part ^^ s*^*' ^os. F and part G, respectively. 3 jW "sc 3751, ADMINISTRATIVE PROVISIONS

SEC. 7. Part F of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (as redesignated by section 6(c) of this Act) is sapra. amended as follows: (1) Section,505 is amended by striking "section 5315" and insert- 82 Stat. sos. ing "section 5314" and by striking " ( 9 0) " and inserting " ( 5 5) ". (2) Section 506 is amended by striking "section 5316" and inserting "section 5315" and by striking "(126)" and inserting "(90)". (3) Section 508 is amended by inserting the following before the "^^ ^^^ ^^5^' period at the end of the section: ", and to receive and utilize, for the purposes of this title, property donated or transferred for the purposes of testing by any other Federal agencies, States, units of general local government, public or private agencies or organizations, institutions of higher education, or individuals." (4) Section 515 is amended by inserting at the end thereof the fol- "^^ ^^^ 3^^3lowing new sentence: "Funds appropriated for the purposes of this section may be expended by grant or contract, as the Administration may determine to be appropriate." (5) Section 516(a) is amended by striking out the period and 42 USC 3764. inserting in lieu thereof the following: ", and may be used to pay the transportation and subsistence expenses of persons attending conferences or other assemblages notwithstanding the provisions of the Joint Resolution entitled 'Joint Resolution to prohibit expenditure of any moneys for housing, feeding, or transporting conventions or meetings', approved February 2, 1935 (31 TJ.S.C. sec. 551)." 49 Stat. 19. (6) Section 517 is amended to read as follows: 82 Stat. 207. "SEC. 517. (a) The Administration may procure the services of "^^ "^^ ^^^^" experts and consultants in accordance with section 3109 of title 5, United States Code^ at rates of compensation for individuals not to ^o Stat. 4i6. exceed the daily equivalent of the rate authorized for GS-18 by section 5332 of title 5, United States Code. ^"'e, p. igg-i. " (b) The Administration is authorized to appoint, without regard to the civil service laws, technical or other advisory committees to advise the Administration with respect to the administration of this title as it deems necessary. Members of those committees not otherwise m the employ of the United States, while engaged in advising the Administration or attending meetings of the committees, shall be compensated at rates to be fixed by the Administration but not to exceed the daily equivalent of the rate authorized for GS-18 by section 5332 of title 5 of the United States Code and while away from home or regular place of business they may be allowed travel expenses, includ-

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PUBLIC LAW 91-644-JAN. 2, 1971

80 Stat. 499; 83 Stat. 190. Reports to P r e s i dent and Congress, 82 Stat. 2 0 8. 42 USC 3767.

Appropriation, 42 USC 3768. Ante,

p. 1885.

Ante, p. 1882. Recordkeeping. 42 USC 3769.

80 Stat. 460.

80 Stat. 460; 83 Stat. 864. 5 USC 5313 and note.

[84 STAT.

ing per diem in lieu of subsistence, as authorized by section 5Y03 of such title 5 for persons in the Government service employed intermittently." (7) Section 519 is amended to read as follows: "SEC. 519. (a) On or before December 31 of each year, the Administration shall report to the President and to the Congress on activities pursuant to the provisions of this title during the preceding fiscal year. "(b) Not later than May 1, 1971, the Administration shall submit to the President and to the Congress recommendations for legislation to assist in the purposes of this title with respect to promoting the integrity and accuracy of criminal justice data collection, processing, and dissemination systems funded in whole or in part by the Federal Government, and protecting the constitutional rights of all persons covered or affected by such systems." (8) Section 520 is amended to read as follows: "SEC. 520. There is authorized to be appropriated $650,000,000 for the fiscal year ending June 30, 1971, of which $120,000,000 shall be for the purposes of part E; $1,150,000,000 for the fiscal year ending June 30, 1972, and $1,750,000,000 for the fiscal year ending June 30, 1973. Funds appropriated for any fiscal year may remain available for obligation until expended. Beginning in the fiscal year ending June 30, 1972, and in each fiscal year thereafter there shall be allocated for the purposes of part E an amount equal to not less than 20 per centum of the amount allocated for the purposes of Part C." (9) Section 521 is amended by inserting at the end thereof the following new subsection: "(c) The provisions of this section shall apply to all recipients of assistance under this Act, whether by direct grant or contract from the Administration or by subgrant or subcontract from primary grantees or contractors of the Administration." SEC. 8. (a) Section 5314 of title 5, United States Code, is amended by striking "(1) Deputy Attorney General," and renumbering " (2) " through " (54)" respectively " (1) " through " (53)". (b) Section 5313 of title 5, United States Code, is amended by adding at the end thereof "(20) Deputy Attorney General." DEFINITIONS

82 Stat, 209. 42 USC 3 7 8 1. " Law enforcement."

SEC. 9. Section 601 of the Omnibus Crime Control and Safe Streets Act of 1968 is amended to read as follows: (1) Subsection (a) is amended to read as follows: " 'Law enforcement' means any activity pertaining to crime prevention, control or reduction or the enforcement of the criminal law, including, but not limited to police efforts to prevent, control, or reduce crime or to apprehend criminals, activities of courts having criminal jurisdiction and related agencies, activities of corrections, probation, or parole authorities, and programs relating to the prevention, control, or reduction of juvenile delinquency or narcotic addiction." (2) Subsection (d) is amended by striking out "or" the second place it appears and by striking out the period and inserting in lieu thereof the following: ", or, for the purpose of assistance eligibility, any agency of the District of Columbia government or the United States Government performing law enforcement functions in and for the District of Columbia and funds appropriated by the Congress for the activities of such agencies may be used to provide the nonFederal share of the cost of programs or projects funded under this title; provided, however, that such assistance eligibility of any agency of the United States Government shall be for the sole purpose of

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facilitating the transfer of criminal jurisdiction from the United States District Court for the District of Cohimbia to the Superior Court of the District of Columbia pursuant to the District of Columbia Court Reform and Criminal Procedure Act of 1970." ^"'^' P- ^73. SEC. 10. Title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by inserting immediately after part G (as ^g^^'^' PP- ^^^^' redesignated by section 6(c) of this Act) the following: " P A R T H — C R I M I N A L PENALTIES

"SEC. 651. Whoever embezzles, willfully misapplies, steals, or obtains by fraud any funds, assets, or property which are the subject of a grant or contract or other form of assistance pursuant to this title, whether received directly or indirectly from the Administration, shall be fined not more than $10,000 or imprisoned for not more than five years, or both. "SEC. 652. Whoever knowingly and willfully falsifies, conceals, or covers up by trick, scheme, or device, any material fact in any application for assistance submitted pursuant to this title or in any records required to be maintained pursuant to this title shall be subject to prosecution under the provisions of section 1001 of title 18, United States Code. "SEC. 653. Any law enforcement program or project underwritten, in whole or in part, by any grant, or contract or other form of assistance pursuant to this title, whether received directly or indirectly from the Administration, shall be subject to the provisions of section 371 of title 18, United States Code." SEC. 11. Section 5108(c) of title 5 of the United States Code is amended by inserting at the end thereof the following new paragraph: "(10) the Law Enforcement Assistance Administration may place a total of twenty positions in GS-16,17, and 18," SEC. 12. Title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by inserting after part H (as designated by section 10 of this Act) the following new part:

62 Stat. 7 4 9,

62 Stat. 7 0 1.

^"'e. p. 1619.

supra.

PART I—ATTORNEY GENERAL'S A N N U A L REPORT ON FEDERAL LAW ENFORCEMENT AND CRIMINAL JUSTICE ACTIVITIES

SEC. 670. The Attorney General, in consultation with the appropriate officials in the agencies involved, within 90 days of the end of each fiscal year shall submit to the President and to the Congress an Annual Report on Federal Law Enforcement and Criminal Justice Assistance Activities setting forth the programs conducted, expenditures made, results achieved, plans developed, and problems discovered in the operations and coordination of the various Federal assistance programs relating to crime prevention and control, including, but not limited to, the Juvenile Delinquency Prevention and Control Act of 1968, the Narcotics Addict Rehabilitation Act 1968, the Gun Control 82 Stat. 462. Act 1968, the Criminal Justice Act of 1964, title X I of the Organized note."^^ ^^°^ Crime Control Act of 1970 (relating to the regulation of explosives), 82 Stat. 1213. and title III of the Omnibus Crime Control and Safe Streets Act of ItnZTJgte""'"' 1968 (relating to wiretapping and electronic surveillance). Ante, p. 952. TITLE II—STRICTER SENTENCES etion 924(c) of title 18, United States Code, is amended SEC. 13. Section ! to read as follows: lows: "(c) Whoever—

82 Stat. 2 1 1. 18 USC 2510.

^^ Stat. 1224.

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[84 STAT.

"(1) uses a firearm to commit any felony for which he may be prosecuted in a court of the Laiited States, or " (2) carries a firearm unhiwfully during the commission of any felony for which he may be prosecuted in a court of the United States, shall, in addition to the punishment provided for the commission of such felony, be sentenced to a term of imprisonment for not less than one year nor more than ten years. In the case of his second or subsequent conviction under this subsection, such person shall be sentenced to a term of imprisonment for not less than two nor more than twentyfive years and, notwithstanding any other provision of law, the court shall not suspend the sentence in the case of a second or subsequent conviction of such person or give him a probationary sentence, nor shall the term of imprisonment imposed under this subsection run concurrently with any term of imprisonment imposed for the commission of such felony." TITLE III—CRIMINAL APPEALS s2ltTt%V.^''

^^^' 14. (a) Section 3731 of title 18, United States Code, is amended— (1) by striking out the first eight paragraphs and inserting in lieu thereof the following: " I n a criminal case an appeal by the United States shall lie to a court of appeals from a decision, judgment, or order of a district court dismissing an indictment or information as to any one or more counts, except that no appeal shall lie where the double jeopardy clause of the United States Constitution prohibits further prosecution. "An appeal by the United States shall lie to a court of appeals from a decision or order of a district courts suppressing or excluding evidence or requiring the return of seized property in a criminal proceeding, not made after the defendant has been put in jeopardy and before the verdict or finding on an indictment or information, if the United States attorney certifies to the district court that the appeal is not taken for purpose of delay and that the evidence is a substantial proof of a fact material in the proceeding."; (2) by striking out the word "or" in the ninth paragraph and inserting in lieu thereof a comma, and inserting "or order" following the word "judgment" in the same paragraph; (3) by striking out the last two paragraphs and inserting in lieu thereof a new paragraph as follows: "The provisions of this section shall be liberally construed to effectuate its purposes." (b) The amendments made by this section shall not apply with respect to any criminal case begun in any district court before the effective date of this section. TITLE IV—PROTECTION OF MEMBERS OF CONGRESS

.^2 stAt-.^84. 18 USC 1.

SEC. 15. Part I of title 18 of the United States Code is amended by inserting, immediately after chapter 17, a new chapter as follows:

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"Chapter 18.—CONGRESSIONAL ASSASSINATION, KIDNAPING, A N D ASSAULT "Sec.

•'351. Congressional assassination, kidnaping, and assault; penalties.

penalties " (a) Whoever kills any individual who is a Member of Congress or a Member-of-Congress-elect shall be punished as provided by sections 1111 and 1112 of this title. ?8 USC mi " (b) Whoever kidnaps any individual designated in subsection (a) 1112. of this section shall be punished (1) by imprisonment for any term of years or for life, or (2) by death or imprisonment for any term of years or for life, if death results to such individual. "(c) Whoever attempts to kill or kidnap any individual designated in subsection (a) of this section shall be punished by imprisonment for any term of years or for life. " (d) If two or more persons conspire to kill or kidnap any individual designated in subsection (a) of this section and one or more of such persons do any act to effect the object of the conspiracy, each shall De punished (1) by imprisonment for any term of years or for life, or (2) by death or imprisonment for any term of years or for life, if death results to such individual. "(e) Whoever assaults any person designated in subsection (a) of this section shall be fined not more than $5,000, or imprisoned not more than one year, or both; and if personal injury results, shall be fined not more than $10,000, or imprisoned for not more than ten years, or both. " (f) If Federal investigative or prosecutive jurisdiction is asserted for a violation of this section, such assertion shall suspend the exercise of jurisdiction by a State or local authority, under any applicable State or local law, until Federal action is terminated. " (g) Violations of this section shall be investigated by the Federal Bureau of Investigation. Assistance may be requested from any Federal, State, or local agency, including the Army, Navy, and Air Force, any statute, rule, or regulation to the contrary notwithstanding." SEC. 16. Paragraph (c), subsection (1), section 2516, title 18, United States Code, is amended by striking the word "or" in the last phrase ^^ ^'^*- 217. of the subsection and inserting at the end thereof between the parenthesis and the semicolon "or section 351 (violations with respect to congressional assassination, kidnaping, and assault)". SKC. 17. The table of contents to part I of title 18, United States Code, is amended by inserting after the following chapter reference: "17. Coins and currency
 * ^§351. Congressional assassination, kidnaping, and assault;

331"

a new chapter reference as follows: "18. Congressional assassination, kidnapping, and assault

351"

TITLE V—PROTECTION OF THE PEESIDENT SEC. 18. Title 18, United States Code, is amended by adding the following new section after section 1751: "§ 1752. Temporary residence of the President (a) I t shall be unlawful for any person or group of persons— " (1) willfully and knowingly to enter or remain in

47-348 O - 72 - 36 (pt.

79 Stat. sso.

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[84 STAT.

"(i) any building or grounds designated by the Secretary of the Treasury as temporary residences of the President or as temporary offices of the President and his staff, or "(ii) any posted, cordoned off, or otherwise restricted area of a building or grounds where the President is or will be temporarily visiting, in violation of the regulations governing ingress or egress thereto: "(2) with intent to impede or disrupt the orderly conduct of Government business or official functions, to engage in disorderly or disruptive conduct in, or within such proximity to, any building or grounds designated in paragraph (1) when, or so that, such conduct, in fact, impedes or disrupts the orderly conduct of Government business or official functions; "(3) willfully and knowingly to obstruct or impede ingress or egress to or from any building, grounds, or area designated or enumerated in paragraph (1); or ' "(4) willfully and knowingly to engage in any act of physical violence against any person or property in any building, grounds, or area designated or enumerated in paragraph (1). " (b) Violation of this section, and attempts or conspiracies to commit such violations, shall be punishable by a fine not exceeding $500 or imprisonment not exceeding six months, or both. "(c) Violation of this section, and attempts or conspiracies to commit such violations, shall be prosecuted by the United States attorney in the Federal district court having jurisdiction of the place where the offense occurred. " (d) The Secretary of the Treasury is authorized— "(1) to designate by regulations the buildings and grounds which constitute the temporary residences of the President and the temporary offices of the President and his staff, and "(2) to prescribe regulations governing ingress or egress to such buildings and grounds and to posted, cordoned off, or otherwise restricted areas where the President is or will be temporarily visiting. "(e) None of the laws of the United States or of the several States and the District of Columbia shall be superseded by this section." dent°sTnd^ammes SEC. 19. Section 3056, title 16, United States Code, is amended by protection. 'designating the present paragraph as " (a) " and adding a new 65 Stat. 122; paragraph at the end thereof as follows: ^^fuse 305*6. " ( ^) Whoever knowingly and willfully obstructs, resists, or interferes with an agent of the United States Secret Service engaged in the performance or the protective functions authorized by this section, by the Act of June 6, 1968 (82 Stat. 170), or by section 1752 of title 18, Ante, p. 1891. United States Code, shall be fined not more than $300 or imprisoned not more than one year, or both." TITLE VI — W I R E T A P COMMISSION

82 Stat. 224. 18 USC 2510

note.""" ' " "

SEC. 20. (a) Title III of the Omnibus Crime Control and Safe Streets Act of 1968 (82 Stat. 211) is amended by striking subsection (g) of section 804 and inserting the following: " (g)(1) The Commission or any duly authorized subcommittee or member thereof may, for the purpose of carrying out the provisions of this title, hold such hearings, sit and act at such times and places, administer such oaths, and require by subpena or otherwise the attendance and testimony of such witnesses and the production of such books, records, correspondence, memorandums, papers and documents as the

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STAT.]

PUBLIC LAW 91-645-JAN. 2, 1971

Commission or such subcommittee or member may deem advisable. Any member of the Commission may administer oaths or affirmations to witnesses appearing before the Commission or before such subcommittee or member. Subpenas may be issued under the signature of the Chairman or any duly designated member of the Commission, and may be served by any person designated by the Chairman or such member. "(2) I n the case of contumacy or refusal to obey a subpena issued under subsection (1) by any person who resides, is found, or transacts business within the jurisdiction of any district court of the United States, the district court, at the request of the Chairman of the Commission, shall have jurisdiction to issue to such person an order requiring such person to appear before the Commission or a subcommittee or member thereof, there to produce evidence if so ordered, or there to give testimony touching the matter under inquiry. Any failure of any such person to obey any such order of the court may be punished by the court as a contempt thereof. " (3) The Commission shall be 'an agency of the United States' under subsection (1), section 6001, title 18, United States Code for the purpose of granting immunity to witnesses. "(4) Each department, agency, and instrumentality of the executive branch of the Government, including independent agencies, is authorized and directed to furnish to the Commission, upon request made by the Chairman, on a reimbursable basis or otherwise, such statistical data, reports, and other information as the Commission deems necessary to carry out its functions under this title. The Chairman is further authorized to call upon the departments, agencies, and other offices of the several States, to furnish, on a reimbursable basis or otherwise^ such statistical data, reports, and other information as the Commission deems necessary to carry out its functions under this title." (b) Such title is further amended as follows: (1) in subsection (h) of section 804, strike "one-year" and insert "two-year", and (2) in subsection (k) of section 804, strike "six-year" and insert "fifth year". (c) Section 1212 of the Organized Crime Control Act of 1970 is hereby repealed. Approved January 2, 1971.

18«)3

Ante,

p. 926.

82 Stat. 224. 18 USC 2510 note.

Repeal. Ante, p. 9 6 1.

Public Law 91-645 JOINT RESOLUTION Making further continuing appropriations for the fiscal year 1971, and for other purposes. Resolved by the Seriate and House of Representatives of the United States of America in Congress assembled, That clause (c) of section 102 of the joint resolution of June 29, 1970 (Public Law 91-294, as amended), is hereby further amended by striking out "the sine die adjournment of the second session of the Ninety-first Congress" and inserting in lieu thereof "March 30, 1971": Provided, That projects and activities provided for in the Department of Transportation and Related Agencies Appropriation Act, 1971 (H.E. 17755, Ninety-first Congress), may be conducted at a rate for operations, and to the extent and m the manner, provided for in such Act as modified by the House of Representatives on December 15, 1970. Approved January 2, 1971.

January 2, 1971 [H. J. R e s. 1421]

Continuing appropriations, 1971i Ante, pp. 3 3 5, 694, 969.

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Page:United States Statutes at Large Volume 84 Part 2.djvu/564

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PUBLIC LAW 91^46-JAN. 2, 1971

[84 STAT.

Public Law 91-646 January 2, 1971

[s. 1]

^^

ACT

To provide for uniform and equitable treatment of persons displaced from their homes, businesses, or farms by Federal and federally assisted programs and to establish uniform and equitable laud acquisition policies for Federal and federally assisted programs.

Be it enacted by the Senate and House of Representatives of the Uniform ReioUnited States of Amenca in Congress assembled, That this Act may and R^eai^pro*^e"rty "'^ cited as the "L'liiform Relocation Assistance and Real Property Acquisition Poii- Acqulsltion Policies Act of 1970". cies Act of 1970.

TITLE I—GENERAL PROVISIONS Definitions.

^^^

Ql

S^^ ^^^

jj^ ^J^jg Act —

(1) The term "Federal agency means any department, agency, or instrumentality in the executive branch of the Government (except the National Capital Housing Authority), any wholly owned Government corporation (except the District of Columbia Redevelopment Land Agency), and the Architect of the Capitol, the Federal Reserve banks and branches thereof. (2) The term "State means any of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, the Trust Territory of the Pacific Islands, and any political subdivision thereof. (3) The term "State agency" means the National Capital Housing Authority, the District of Columbia Redevelopment Land Agency, and any department, agency, or instrumentality of a State or of a political subdivision of a State, or any department, agency, or instrumentality of two or more States or of two or more political subdivisions of a State or States. (4) The term "Federal financial assistance" means a grant, loan, or contribution provided by the United States, except any Federal guarantee or insurance and any annual payment or capital loan to the District of Columbia. (5) The term "person" means any individual, partnership, corporation, or association. (6) The term "displaced person" means any person who, on or after the effective date of this Act, moves from real property, or moves his personal property from real property, as a result of the acquisition of such real property, in whole or in part, or as the result of the written order of the acquiring agency to vacate real property, for a program or project undertaken by a Federal agency, or with Federal financial assistance; and solely for the purposes of sections 202(a) and (b) and 205 of this title, as a result of the acquisition of or as the result of the written order of the acquiring agency to vacate other real property, on which such person conducts a business or farm (»peration, for such program or project. (7) The term "business" means any lawful activity, excepting a farm operation, conducted primarily— (A) for the purchase, sale, lease and rental of personal and real property, and for the manufacture, processing, or marketing of products, commodities, or any other personal property; (B) for the sale of services to the public; (C) by a nonprofit organization; or (D) solely for the purposes of section 202(a) of this title, for assisting in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display

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PUBLIC LAW 91-646-JAN. 2, 1971

or displays, whether or not such display or displays are located on the premises on which any of the above activities are conducted. (8) The term "farm operation" means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support. (9) The term "mortgage" means such classes of liens as are commonly given to secure advances on, or the unpaid purchase price of, real property, under the laws of the State in which the real property is located, together with the credit instruments, if any, secured thereby. E F F E C T U P O N PROPERTY

ACQUISITION

SEC. 102. (a) The provisions of section 301 of title III of this Act create no rights or liabilities and shall not affect the validity of any property acquisitions by purchase or condemnation. (b) Nothing in this Act shall be construed as creating in any condemnation proceedings brought under the power of eminent domain, any element of value or of damage not in existence immediately prior to the date of enactment of this Act. TITLE II—UNIFORM RELOCATION ASSISTANCE DECLARATION OF POLICY

SEC. 201. The purpose of this title is to establish a uniform policy for the fair and equitable treatment of persons displaced as a result of Federal and federally assisted programs in order that such persons shall not suffer disproportionate injuries as a result of programs designed for the benefit of the public as a whole. MOVING AND RELATED

EXPENSES

SEC. 202. (a) Whenever the acquisition of real property for a program or project undertaken by a Federal agency in any State will result in the displacement of any person on or after the effective date of this Act, the head of such agency shall make a payment to any displaced person, upon proper application as approved by such agency head, for— (1) actual reasonable expenses in moving himself, his family, business, farm operation, or other personal property; (2) actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, but not to exceed an amount equal to the reasonable expenses that would have been required to relocate such property, as determined by the head of the agency; and (•3) actual reasonable expenses in searching for a replacement business or farm, (b) Any displaced person eligible for payments under subsection (a) of this section who is displaced from a dwelling and who elects to accept the payments authorized by this subsection in lieu of the payments authorized by subsection (a) of this section may receive a moving expense allowance, determined according to a schedule established by the head of the Federal agency, not to exceed $300; and a dislocation allowance of $200.

1895

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[84 STAT.

(c) Any displaced person eligible for payments under subsection (a) of this section who is displaced from his place of business or from his farm operation and who elects to accept the payment authorized by this subsection in lieu of the payment authorized by subsection (a) of this section, may receive a fixed payment in an amount equal to the average annual net earnings of the business or farm operation, except that such payment shall be not less than $2,500 nor more than $10,000. In the case of a business no payment shall be made under this subsection unless the head of the Federal agency is satisfied that the business (1) cannot be relocated without a substantial loss of its existing patronage, and (2) is not a part of a commercial enterprise having at least one other establishment not being acquired by the United "Average annual States, which is engaged in the same or similar business. For purposes ot this subsection, the term average annual net earnings" means onehalf of any net earnings of the business or farm operation, before Federal, State, and local income taxes, during the two taxable years immediately preceding the taxable year in which such business or farm operation moves from the real property acquired for such project, or during such other period as the head of such agency determines to be more equitable for establishing such earnings, and includes any compensation paid by the business or farm operation to the owner, his spouse, or his dependents during such period. R E P L A C E M E N T H O U S I N G FOR

HOMEOWNER

SEC. 203. (a)(1) In addition to payments otherwise authorized by this title, the head of the Federal agency shall make an additional payment not in excess of $15,000 to any displaced person who is displaced from a dwelling actually owned and occupied by such displaced person for not less than one hundred and eighty days prior to the initiation of negotiations for the acquisition of the property. Such additional payment shall include the following elements: (A) The amount, if any, which when added to the acquisition cost of the dwelling acquired by the Federal agency, equals the reasonable cost of a comparable replacement dwelling which is a decent, safe, and sanitary dwelling adequate to accommodate such displaced person, reasonably accessible to public services and places of employment and available on the private market. All determinations required to carry out this subparagraph shall be made in accordance with standards established by the head of the Federal agency making the additional payment. (B) The amount, if any, which will compensate such displaced person for any increased interest costs which such person is required to pay for financing the acquisition of any such comparable replacement dwelling. Such amount shall be paid only if the dwelling acquired by the Federal agency was encumbered by a bona fide mortgage which was a valid lien on such dwelling for not less than one hundred and eighty days prior to the initiation of negotiations for the acquisition of such dwelling. Such amount shall be equal to the excess in the aggregate interest and other debt service costs of that amount of the principal of the mortgage on the replacement dwelling which is equal to the unpaid balance of the mortgage on the acquired dwelling, over the remainder term of the mortgage on the acquired dwelling, reduced to discounted present value. The discount rate shall be the prevailing interest rate paid on savings deposits by commercial banks in the general area in which the replacement dwelling is located.

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Page:Folk-lore - A Quarterly Review. Volume 15, 1904.djvu/75

 Rh personage upon whom pressure has to be put, in this case, the refusal to partake of his hospitality; a pressure analogous to that legally recognised in the codes of Brahminic India and early Ireland for the purpose of exacting settlement of debt. As in most tales of this class, the supernatural helper at first succeeds in eluding the request of his mortal applicant. Twice Arthur yields to the invitation to dismount and eat, and it is only on his showing himself firm that, at the third attempt, he meets with success. Professor Kittredge's conjecture that the three kings are in reality one and the same personage must command universal assent. The three names (if we disregard Torleil as due to a scribal error) are variant Welsh terms signifying Werwolf, and in fact etymologically allied to the Teutonic term. The story thus follows the familiar conventions of fairydom—the supernatural helper is compelled to give the mortal three chances, and that mortal, stupid or incurious though he be, always pulls off the third one.

But if this is so, our version has obviously suffered modification. The second and third kings cannot be the werwolf's brothers, as is indeed evident from the conduct of the story. The werwolf knows nothing of the third king when he appeals to him for protection, which would be absurd if he were really his brother. The statement really testifies to a confused reminiscence of the essential identity of the three informants. Furthermore, traces of contamination are glaringly evident. There is "superfluity of naughtiness" in the duplication of the adultery theme; and the Gellert episode—the false accusation resting upon the wolf of having slain the child—is dragged in clumsily. On the other hand, the form and conduct of the story wear an archaic and genuine folk character; the triadic arrangement, the repeated attempts, couched in a set formula, to induce Arthur to desist, find their parallels in the phenomena of popular story-telling generally, but especially in those of Gaelic popular story-telling as it still flourishes, and as it can be proved to have flourished for the last eight hundred years at least. No one familiar with Gaelic story-telling (whether in its Irish or Scotch form) can fail to


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1897

(C) Reasonable expenses incurred by such displaced person for evidence of title, recording fees, and other closing costs incident to the purchase of the replacement dwelling, but not including prepaid expenses. (2) The additional j^ayment authorized by this subsection shall be made only to such a displaced person who purchases and occupies a replacement dwelling which is decent, safe, and sanitary not later than the end of the one year period beginning on the date on which he receives from the Federal agency final payment of all costs of the acquired dwelling, or on the date on which he moves from the acquired dwelling, whichever is the later date. (b) The head of any Federal agency may, upon application by a mortgagee, insure any mortgage (including advances during construction) on a comparable replacement dwelling executed by a displaced person assisted under this section, which mortgage is eligible for insurance under any Federal law administered by such agency notwithstanding any requirements under such law relating to age, physical condition, or other personal characteristics of eligible mortgagors, and may make commitments for the insurance of such mortgage prior to the date of execution of the mortgage. R E P L A C E M E N T H O U S I N G FOR T E N A N T S A N D CERTAIN

OTHERS

SEC. 204. I n addition to amounts otherwise authorized by this title, the head of the Federal agency shall make a payment to or for any displaced person displaced from any dwelling not eligible to receive a payment under section 203 which dwelling was actually and lawfully occupied by such displaced person for not less than ninety days prior to the initiation of negotiations for acquisition of such dwelling. Such payment shall be either— (1) the amount necessary to enable such displaced person to lease or rent for a period not to exceed four years, a decent, safe, and sanitary dwelling of standards ade<juate to accommodate such person in areas not generally less desirable in regard to public utilities and public and commercial facilities, and reasonably accessible to his place of employment, but not to exceed $4,000, or (2) the amount necessary to enable such person to make a downpayment (including incidental expenses described in section 203(a)(1)(C)) on the purchase of a decent, safe, and sanitary dwelling of standards adequate to accommodate such person in areas not generally less desirable in regard to public utilities and public and commercial facilities, but not to exceed $4,000, except that if such amount exceeds $2,000, such person must equally match any such amount in excess of $2,000, in making the downpayment. R E L O C A T I O N ASSISTANCE ADVISORY SERVICES

SEC. 205. (a) Whenever the acquisition of real property for a program or project undertaken by a Federal agency in any State will result in the displacement of any person on or after the effective date of this section, the head of such agency shall provide a relocation assistance advisory program for displaced persons which shall offer the services described in subsection (c) of this section. If such agency head determines that any person occupying property immediately adjacent to the real property acquired is caused substantial economic injury because of the acquisition, he may offer such person relocation advisory services under s\ich program.

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Page:United States Statutes at Large Volume 84 Part 2.djvu/568

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PUBLIC LAW 91-646-JAN. 2, 1971

[84 STAT.

(b) Federal agencies administering programs which may be of assistance to displaced persons covered by this Act shall cooperate to the maximum extent feasible with the Federal or State agency causing the displacement to assure that such displaced persons receive the maximum assistance available to them. (c) Each relocation assistance advisory program required by subsection (a) of this section shall include such measures, facilities, or services as may be necessary or appropriate in order to— (1) determine the need, if any, of displaced persons, for relocation assistance; (2) provide current and continuing information on the availability, prices, and rentals, of comparable decent, safe, and sanitary sales and rental housing, and of comparable commercial properties and locations for displaced businesses; (3) assure that, within a reasonable period of time, prior to displacement there will be available in areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and individuals displaced, decent, safe, and sanitary dwellings, as defined by such Federal agency head, equal in number to the number of and available to such displaced persons who require such dwellings and reasonably accessible to their places of employment, except that the head of that Federal agency may prescribe by regulation situations when such assurances may be waived; (4) assist a displaced person displaced from his business or farm operation in obtaining and becoming established in a suitable replacement location; (5) supplj^ information concerning Federal and State housing programs, disaster loan programs, and other Federal or State programs offering assistance to displaced persons; and (6) provide other advisory services to displaced persons in order to minimize hardships to such persons in adjusting to relocation. (d) The heads of Federal agencies shall coordinate relocation activities with project work, and other planned or proposed governmental actions in the community or nearby areas which may affect the carrying out of relocation assistance programs. H O U S I N G R E P L A C E M E N T BY FEDERAL AGENCY AS LAST RESORT

SEC. 206. (a) If a Federal project cannot proceed to actual construction because comparable replacement sale or rental housing is not available, and the head of the Federal agency determines that such housing cannot otherwise be made available he may take such action as is necessary or appropriate to provide such housing by use of funds authorized for such project. (b) No person shall be required to move from his dwelling on or after the effective date of this title, on account of any Federal project, unless the Federal agency head is satisfied that replacement housing, in accordance with section 205(c)(3), is available to such person. S T A T E R E Q U I R E D TO F U R N I S H REAL PROPERTY I N C I D E N T TO FEDERAL ASSISTANCE (LOCAL COOPERATION)

SEC. 207. Whenever real property is acquired by a State agency and furnished as a required contribution incident to a Federal program or project, the Federal agency having authority over the pro-

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gram or project may not accept such property unless such State agency has made all payments and provided all assistance and assurances, as are required of a State agency by sections 210 and 305 of this Act. Such State agency shall pay the cost of such requirements in the same manner and to the same extent as the real property acquired for such project, except that in the case of any real property acquisition or displacement occurring prior to July 1, 1972, such Federal agency shall pay 100 per centum of the first $25,000 of the cost of providing such payments and assistance. STATE ACTING AS AGENT FOR FEDERAL PROGRAM

SEC. 208. Whenever real property is acquired by a State agency at the request of a Federal agency for a Federal program or project, such acquisition shall, for the purposes of this Act, be deemed an acquisition by the Federal agency having authority over such program or project. P U B L I C WORKS PROGRAMS A N D P R O J E C T S OF THE G O V E R N M ENT OF THE DISTRICT OF COLUMBIA AND OF THE W A S H I N G TO N M E T R O P O L I T A N AREA TRANSIT AUTHORITY

SEC. 209. Whenever real property is acquired by the government of the District of Cohimbia or the Washington Metropolitan Area Transit Authority for a program or project which is not subject to sections 210 and 211 of this title, and such acquisition will result in the displacement of any person on or after the effective date of this Act, the Commissioner of the District of Columbia or the Washington Metropolitan Area Transit Authority, as the case may be, shall make all relocation payments and provide all assistance required of a Federal agency by this Act. Whenever real property is acquired for such a program or project on or after such effective date, such Commissioner or Authority, as the case may be, shall make all payments and meet all requirements prescribed for a Federal agency by title III of this Act. R K Q U I R E M E N T S FOR RELOCATION P A Y M E N T S A N D ASSISTANCE OF FEDERALLY ASSISTED PROGRAM; ASSURANCES OF AVAILABILITY OF H O U S I N G

SEC. 210. Notwithstanding any other law, the head of a Federal agency shall not approve any grant to, or contract or agreement with, a State agency, under which Federal financial assistance will be available to pay all or part of the cost of any program or project which will result in the displacement of any person on or after the effective date of this title, unless he receives satisfactory assurances from such State agency that— (1) fair and reasonable relocation payments and assistance shall be provided to or for displaced persons, as are required to be provided by a Federal agency under sections 202, 203, and 204 of this title; (2) relocation assistance programs offering the services described in section 205 shall be provided to such displaced persons; (3) within a reasonable period of time prior to displacement, decent, safe, and sanitary replacement dwellings will be available to displaced persons in accordance with section 205(c)(3).

1899

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PUBLIC LAW 91-646-JAN. 2, 1971 FEDERAL

SHARE

[84 STAT.

OF COSTS

SEC. 211. (a) The cost to a State agency of providing payments and assistance pursuant to sections 206, 210, 215, and 305, shall bo included as part of the cost of a program or project for which Federal financial assistance is available to such State agency, and such State agency shall be eligible for Federal financial assistance with respect to such payments and assistance in the same manner and to the same extent as other program or project costs, except that, notwithstanding any other law in the case where the Federal financial assistance is by grant or contribution the Federal agency shall pay the full amount of the first $25,000 of the cost to a State agency of providing payments and assistance for a displaced person under sections 206, 210, 215, and 305, on account of any acquisition or displacement occurring prior to July 1, 1972, and in any case where such Federal financial assistance is by loan, the Federal agency shall loan such State agency the full amount of the first $25,000 of such cost. (b) No payment or assistance under section 210 or 305 shall be required or included as a program or project cost under this section, if the displaced person receives a payment required by the State law of eminent domain which is determined by such Federal agency head to have substantially the same purpose and effect as such payment under this section, and to be part of the cost of the program or project for which Federal financial assistance is available. (c) Any grant to, or contract or agreement with, a State agency executed before the effective date of this title, under which Federal financial assistance is available to pay all or part of the cost of any program or project which will result in the displacement of any person on or after the effective date of this Act, shall be amended to include the cost of providing payments and services under sections 210 and 305. If the head of a Federal agency determines that it is necessary for the expeditious completion of a program or project he may advance to the State agency the Federal share of the cost of any payments or assistance by such State agency pursuant to sections 206, 210, 215, and 305. ADMINISTRATION — R E L O C A T I O N ASSISTANCE I N PROGRAMS RECEIVING FEDERAL F I N A N C I A L ASSISTANCE

SEC. 212. In order to prevent unnecessary expenses and duplications of functions, and to promote uniform and effective administration of relocation assistance programs for displaced persons under sections 206, 210, and 215 of this title, a State agency may enter into contracts with any individual, firm, association, or corporation for services in connection with such programs, or may carry out its functions under this title through any Federal or State governmental agency or instrumentality having an established organization for conducting relocation assistance programs. Such State agency shall, in carrying out the relocation assistance activities described in section 206, whenever practicable, utilize the services of State or local housing agencies, or other agencies having experience in the administration or conduct of similar housing assistance activities. REGULATIONS

AND

PROCEDURES

SEC. 213, (a) In order to promote uniform and effective administration of relocation assistance and land acquisition of State or local housing agencies, or other agencies having programs or projects by

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