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PUBLIC LAW 93-644-JAN. 4, 1975

[88 STAT.

" (A) for establishing in the Department of Health, Education, and Welfare a Community Services Administration— " (i) which shall be headed by a Director, "(ii) which shall be the principal agency, and the Director of which shall be the principal officer, for carrying out titles 42 USC"2^8^6f; I ' II ' III - B, y i, and IX of this Act, and which, with respect 2941. ' to such provisions, shall be the successor authority to the Posf, p. 2328. Community Services Administration established by subsection (a) of this section, " (iii) the Director of which shall be, in the performance of his functions, directly responsible to the Secretary, and "(iv) in which no policymaking functions, including the final approval of grants or contracts, of the Director shall be delegated to any regional office or official. " (B) for establishing in the Department of Commerce a Community Economic Development Administration— " (i) which shall be headed by a Director, " (ii) which shall be the principal agency, and the Director of which shall be the principal officer, for carrying out title Post, p. 2315. Y j j ^^ Yiis Act, and which, with respect to such provisions, shall be the successor authority to the Community Services Administration established by subsection (a) of this section, "(iii) the Director of which shall be, in the performance of his functions, directly responsible to the Secretary, and "(iv) in which no policymaking functions, including the final approval of grants or contracts, of the Director shall be delegated to any regional office or official. "(3) For the purpose of this subsection and chapter 9, title 5, 5 USC 901, United States Code, to the extent incorporated by this subsection, the following provisions apply: "Resolution." " (A) The term 'resolution' means a joint resolution the matter after the resolving clause of which is: 'That the Congress of the United States disapproves the Community Services Administration Reorganization Plan transmitted to the Congress by the President on, 19—,.' The blank spaces therein are to be appropriately filled. " (B) If, prior to the passage by one House of the joint resolution of that House with respect to the reorganization plan, such House receives from the other House a joint resolution with I'espect to the same plan, then the following procedure applies: " (i) If no resolution of the first House with respect to such plan has been referred to committee, no other resolution with respect to the same plan may be reported or (despite the provisions of section 912(a) of title 5, United States Code) be made the subject of a motion to discharge. " (ii) If a resolution of the first House with respect to such plan has been referred to committee— " (I) the procedure with respect to that or other resolutions of such House with respect to such plan which have been referred to committee shall be the same as if no resolution from the other House with respect to such plan had been received; but " ( II) on any vote on final passage of a resolution of the first House with respect to such plan the resolution from the other House with respect to such plan shall be automatically substituted for the resolution of the first House."

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"(4) The transfers authorized under subparagraphs (A) and (B) of paragraph (3) of this subsection shall be effective 30 days after the last date on which such reorganization plan could be disapproved under this subsection. "(f) I n the event that the reorganization plan pursuant to subsection (e) takes effect, the Director of the Community Services Administration and the Director of the Community Economic Development Administration shall each be appointed by the President, by and with the advice and consent of the Senate, except that the person serving as Director of the independent Community Services Administration pursuant to the advice and consent of the Senate may, if the President notifies the Congress accordingly, continue to serve as Director of the Community Services Administration within the Department of Health, Education, and Welfare; but the President may in such event submit to the Senate a nomination for such position. " (g) I n the event that the reorganization plan pursuant to subsection (e) of this section takes effect, on the effective date thereof the property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with the functions of the Director of the independent Community Services Administration, established by subsection (a) of this section, shall be transferred to the Director of the Community Services Administration, within the Department of Health, Education, and Welfare and to the Director of the Economic Development Administration within the Department of Commerce, as appropriate. All grants, applications for grants, contracts, and other agreements awarded or entered into by the Director of the independent Community Services Administration shall continue to be recognized so that there is no disruption of ongoing activities for which there is continuing authority. " (h)(1) In the event that the reorganization plan pursuant to subsection (e) of this section takes effect, on the effective date thereof all Federal personnel employed by the independent Community Services Administration under the authorization and appropriations for the Economic Opportunity Act of 1964, transferred to the Community ^J^^ "^'^ ^^°^ Services Administration within the Department of Health, Education, and Welfare or to the Community Economic Development Administration within the Department of Commerce shall, to the extent feasible, be assigned to related functions and organizational units in the appropriate Administration, without loss of salary, rank, or other benefits, including the right to representation and to the existing basic collective-bargaining agreement. "(2) In the event that the reorganization plan pursuant to subsection (e) of this section takes effect, on the effective date thereof all official actions taken by the Director of the independent Community Services Administration, his designee, or any other person under the puthority of the Economic Opportunity Act of 1964 which are in force on such date, and for which there is continuing authority under the provisions of this Act, shall continue in full force and effect until modified, superseded, or revoked by the Director of the Community Services Administration within the Department of Health, Education and Welfare or the Director of the Community Economic Development Administration within the Department of Commerce, as appropriate. "(3) In the event that the reorganization plan submitted pursuant to subsection (e) of this section takes effect, on the effective date thereof all references to the independent Community Services Administration or to the Director of that Administration in any statute, reorganization plan, executive order, regulation, or other official docu-

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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^^p^^^^42 USC 2942 note "^"^ ^^°^ 42 USC 2942. 42 USC 2943 42 USC 2945

42 USC 2974.

42 USC 2979. Repeal.

42 USC 2949.

PUBLIC LAW 93-644-JAN. 4, 1975

ment or proceeding shall, on and after such date, be deemed to refer to the Community Services Administration within the Department of Health, Education and Welfare, or the Director of the Community Economic Development Administration, in the Department of Commerce as appropriate, or to the Director of either such Administration, as the case may be. "(4) In the event that the reorganization plan submitted pursuant to subsection (e) of this section takes effect, on the effective date thereof no suit, action, or other proceeding, and no cause of action, by or against the independent Community Services Administration, or any action by any officer thereof acting in his official capacity, shall abate by reason of the taking effect of such plan." (b) Section 28 of the Economic Opportunity Amendments of 1972 (§6 Stat. 705, September 19, 1972) is repealed effective on the date on which a reorganization plan is effective under subsection (c) of this section. (c) The Economic Opportunity Act of 1964 is further amended by— (1) striking out "Office of Economic Opportunity" and J'Office" cach time that they appear in section 602(d) and inserting in lieu thereof "Community Services Administration"; (2) striking out "Office of Economic Opportunity" in section 603(c) and inserting in lieu thereof "Community Services Administration"; (3) striking out "in the Office" in section 605(a) and inserting in lieu thereof "in the Community Services Administration"; (4) striking out "Office of Economic Opportunity" in section 632(2) and inserting in lieu thereof "Community Services Administration"; (5) striking out "of the Office of Economic Opportunity" in section 637(b)(2), and inserting in lieu thereof "of the Community Services Administration"; and (Q) repealing section 609 of such Act. (d) Section 625 of the Economic Opportunity Act of 1964 is amended to read as follows: li

42 USC 297id.

CRITERIA FOR DETERMINING ELIGIBILITY

"SEC. 625. (a) Every agency administering programs authorized by this Act in which the poverty line is a criterion of eligibility shall revise the poverty line at annual intervals, or at any shorter interval it deems feasible and desirable. "(b) The revision required by subsection (a) of this section shall be accomplished by multiplying the official poverty line (as defined by the Office of Management and Budget) by the percentage change in the Consumer Price Index during the annual or other interval immediately preceding the time at which the revision is made. "(c) Revisions required by subsection (a) of this section shall be made and issued not more than thirty days after the date on which the necessary consumer price index data becomes available." "(e) The Economic Opportunity Act of 1964 is further amended by inserting after section 625 the following new sections: (CRIMINAL

42 USC 297if.

[88 STAT.

PROVISIONS

" SEC. 626. (a) Whoever, being an officer, director, agent, or employee of, or connected in any capacity with, any agency receiving financial assistance under this Act embezzles, willfully misapplies, steals, or obtains by fraud any of the moneys, funds, assets, or property which are the subject of a grant or contract of

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text:
Page:The Eurypterida of New York Volume 1.pdf/17

 added to the longer known species of eurypterids ( and  ) the following new types, all from the rocks of New York:

He erected the new subgenus Dolichopterus (now given full generic standing), for the species  and also recorded the presence of the genus Pterygotus (theretofore known only from Scotland) in the Salina waterlime, describing three species, viz, ,   and.

It is obvious that Hall, with his accustomed thoroughness, had availed himself of all New York collections extant, from the fact that for a decade and a half not a line was added to his investigations on American species, notwithstanding the intense activity in other branches of paleontology, and the further fact that Henry Woodward was meanwhile [1866-78] publishing his excellent Monograph of the British Crustacea of the Order Merostomata. During this period the large cement quarries at Buffalo were gradually producing a great number of striking specimens and these became somewhat widespread through the museums until, in later years and with keen and intelligent interest the proprietor of the quarry took measures to see that they were carefully safeguarded and donated to the Museum of the Buffalo Society of Natural Sciences. Some of the early collectors in Buffalo undertook to describe the supposed new material that at first found its way into that museum but, being trained in branches of science remote from paleontology, they succeeded only in creating for the most part a burdensome mass of synonyms. Thus Grote and Pitt [1875–78] described the following:

, representing a new and important genus

(= )

(not properly defined)


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assistance pursuant to this Act, shall be fined not more than $10,000 or imprisoned for not more than two years, or both; but if the amount so embezzled, misapplied, stolen, or obtained by fraud does not exceed $100, he shall be fined not more than $1,000 or imprisoned not more than one year, or both. "(b) Whoever, by threat of procuring dismissal of any person from employment or of refusal to employ or refusal to renew a contract of employment in connection with a grant or contract of assistance under this Act induces any person to give u p any money or thing of any value to any person (including such grantee agency), shall be fined not more than $1,000 or imprisoned not more than one year, or both. a W I T H H O L D I N G CERTAIN FEDERAL T A X E S BY ANTIPOVERTY AGENCIES

"SEC. 627. Upon notice from the Secretary of the Treasury or his '^^ "^^ 297ig. delegate that any person otherw^ise entitled to receive a payment made pursuant to a grant, contract, agreement, loan or other assistance made or entered into under this Act is delinquent in paying or depositing (1) the taxes imposed on such person under chapters 21 and 23 of the Internal Revenue Code of 1954, or (2) the taxes deducted and withheld ^^^^ ^^^ ^^°^' by such person under chapters 21 and 24 of such Code, the Director 26 USC 3401. shall suspend such portion of such payment due to such person, which, if possible, is sufficient to satisfy such delinquency, and shall not make or enter into any new grant, contract, agreement, loan or other assistance under this Act with such person until the Secretary of the Treasury or his delegate has notified him that such person is no longer delinquent in paying or depositing such tax or the Director determines that adequate provision has been made for such payment. In order to effectuate the purpose of this section on a reasonable basis the Secretary of the Treasury and the Director shall consult on a quarterly basis." COMMUNITY ECONOMIC

DEVELOPMENT

SEC. 10. (a) Title VII of the Economic Opportunity Act of 1964 is amended to read as follows: " TITLE VII — COMMUNITY ECONOMIC DEVELOPMENT "STATEMENT or

PURPOSE

"SEC. 701. The purpose of this title is to encourage the development of special programs by which the residents of urban and rural lowincome areas may, through self-help and mobilization of the community at large, with appropriate Federal assistance, improve the quality of their economic and social participation in community life in such a way as to contribute to the elimination of poverty and the establishment of permanent economic and social benefits.

''^ use 2981.

"DEFINITION

"SEC. 702. As used in this title the term 'community development corporation' means a nonprofit organization responsible to residents of the area it serves which is receiving financial assistance under part A of this title and any organization more than 50 per centum of which is owned by such an organization, or otherwise controlled b}^ such an organization, or designated by such an organization for the purpose of this title.

''^ ^^'^ 298ia.

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PUBLIC LAW 93-644-JAN. 4, 1975 aAUTHORIZATION

42 USC 2981b.

[88 STAT.

OV APPROPRIATIONS

"SEC. 703. For the purpose of carrying out this title, there are authorized to be appropriated $39,000,000 and such additional sums as may be necessary for fiscal year 1975 and such sums as may be necessary for each of the two succeeding fiscal years. "PART A—URBAN AND RURAL SPECIAL IMPACT PROGRAMS "STATEMENT OF PURPOSE

42 USC 2 982.

"SEC. 711. The purposc of this part is to establish special programs of assistance to nonprofit private locally initiated community development corporations which (1) are directed to the solution of the critical problems existing in particular communities or neighborhoods (defined without regard to political or other subdivisions or boundaries) within those urban and rural areas having concentrations or substantial numbers of low-income persons; (2) are of sufficient size, scope, and duration to have an appreciable impact in such communities, neighborhoods, and rural areas in arresting tendencies toward dependency, chronic unemployment, and community deterioration; (3) hold forth the prospect of continuing to have such impact after the termination of financial assistance under this part, and (4) provide financial and other assistance to start, expand, or locate enterprises in or near the area to be served so as to provide employment and ownership opportunities for residents of such areas, including those who are disadvantaged in the labor market because of their limited speaking, reading, and writing abilities in the English language. "ESTABLISHMENT AND SCOPE OF PROGRAMS

42 USC 2982a.

29 USC 801

"SEC. 712. (a) The Director is authorized to provide financial assistance in the form of grants to nonprofit and for profit community development corporations and other affiliated and supportive agencies and organizations associated with qualifying community development corporations for the payment of all or part of the cost of programs which are designed to carry out the purposes of this part, Financial assistance shall be provided so that each community economic development program is of sufficient size, scope, and duration to have an appreciable impact on the area served. Such programs may include— "(1) community economic and business development programs, including but not limited to: (A) programs which provide financial and other assistance (including equity capital) to start, expand, or locate businesses in or near the area served so as to provide employment and ownership opportunities for residents of such areas, and (B) programs for small businesses located in or owned by residents of such areas; "(2) community development including industrial parks and housing activities which contribute to an improved environment and which create new training, employment, and ownership opportunities for residents of such area; "(3) training and public service employment programs and related services for unemployed or low-income persons which support and complement community development programs financed under this part, including, without limitation, activities such as those described in the Comprehensive Employment and Training Act of 1973; and "(4) social service programs which support and complement community economic development programs financed under this part, including but not limited to child care, educational services,

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health services, credit counseling, energy conservation, and programs for the maintenance of housing facilities. " (b) The Director shall conduct programs assisted under this part so as to contribute, on an equitable basis between urban and rural areas, to the elimination of poverty and the establishment of permanent economic and social benefits in such areas. " F I N A N C I A L ASSISTANCE REQUIREMENTS

"SEC. 713. (a) The Director, under such regulations as he may establish, shall not provide financial assistance for any community economic development program under this part unless he determines that— "(1) such community development corporation is responsible to residents of the area served (i) through a governing body not less than 50 per centum of the members of which are area residents and (ii) in accordance with such other guidelines as may be established by the Director, except that the composition of the governing bodies of organizations owned or controlled by the community development corporation need not be subject to such residency requirement; "(2) the program will be appropriately coordinated with local planning under this title, with housing and community development programs, with employment and training programs, and with other relevant planning for physical and human resources in the areas served; "(3) adequate technical assistance is made available and committed to the programs being supported; " (4) such financial assistance will materially further the purposes of this part; "(5) the applicant is fulfilling or will fulfill a need for services, supplies, or facilities which is otherwise not being met; "(6) all projects and related facilities will, to the maximum feasible extent, be located in the areas served; "(7) projects will, where feasible, promote the development of entrepreneurial and management skills and the ownership or participation in ownership of assisted businesses and housing, cooperatively or otherwise, by residents of the area served; "(8) projects will be planned and carried out with the fullest possible participation of resident or local businessmen and representatives of financial institutions, including participation through contract, joint venture, partnership, stock ownership or membership on the governing boards or advisory councils of such projects consistent with the self-help purposes of this title; "(9) no participant will be employed on projects involving political parties, or the construction, operation, or maintenance of so much of any facility as is used or to be used for sectarian instruction or as a place for religious worship; "(10) the program will not result m the displacement of employed workers or impair existing contracts for services, or result in the substitution of Federal or other funds in connection with work that would otherwise be performed; "(11) the rates of pay for time spent in work-training and education, and other conditions of employment, will be appropriate and reasonable in the light of such factors as the type of work, geographical region, and proficiency of the participant; "(12) the program will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual participants;

42 USC 29«2b.

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PUBLIC LAW 93-644-JAN. 4, 1975

[88 STAT.

"(13) preference will be given to low-income or economically disadvantaged residents of the areas served in filling jobs and training opportunities; and " (14) training programs carried out in connection with projects financed under this part shall be designed wherever feasible to provide those persons who successfully complete such training with skills which are also in demand in communities, neighborhoods, or rural areas other than those for which programs are established under this part. "(b) Financial assistance under this section shall not be extended to assist in the relocation of establishments from one location to another if such relocation would result in an increase in unemployment intlie area of original location. "(c) The level of financial assistance for related purposes under this Act, or any other program for Federal financial assistance, to the area served by a special impact program shall not be diminished in order to substitute funds authorized by this part. li FEDERAL

42 USC 2982c.

SHARE OF PROGRAM

COSTS

"SEC. 714. Federal assistance to any program carried out pursuant to this part, including grants used by community development corporations for capital improvements, shall (1) not exceed 90 per centum of the cost of such program including costs of administration unless the Director determines that the assistance in excess of such percentage is required in furtherance of the purposes of this part, and (2) be made available for deposit to the order of the grantee, under conditions which the Director deems appropriate, within thirty days following approval of the grant agreement by the Director and such grantee of the grant agreement. Non-Federal contributions may be in cash or in kind, fairly evaluated, including but not limited to plant, equipment, and services. Capital investments made with funds granted as a result of the Federal share of the costs of programs carried out under this title, and the proceeds from such capital investments, shall not be considered Federal property. Upon investment, title rights vest in the community development corporation. The Federal Government retains the right to direct that on severance of the grant relationship the assets purchased continue to be used for the original purpose for which they were granted. " P A R T B — S P E C I A L RURAL PROGRAMS "STATEMENT OF PURPOSE

42 USC 2983.

"SEC. 721. I t Is the purpose of this part to meet the special economic needs of rural communities or areas with concentrations or substantial numbers of low-income persons by providing support to self-help programs which promote economic development and independence, as a supplement to existing similar programs conducted by other departments and agencies of the Federal Government. Such programs should encourage low-income families to pool their talents and resources so as to create and expand rural economic enterprise. "FINANCIAL ASSISTANCE

42 USC 2983a.

"SEC. 722. (a) The Director is authorized to provide financial assistance, including loans having a maximum maturity of 15 years and in amounts not resulting in an aggregate principal indebtedness of more than $3,500 at any one time, to any low-income rural family where, in the judgment of the Director, such financial assistance has a reasonable possibility of effecting a permanent increase in the income of

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such families, or will contribute to the improvement of their living or housing conditions, by assisting or permitting them to— "(1) acquire or improve real estate or reduce encumbrances or erect improvements thereon; "(2) operate or improve the operation of farms not larger than family sized, including but not limited to the purchase of feed, seed, fertilizer, livestock, poultry, and equipment; or "(3) participate in cooperative associations, or to finance nonagricultural enterprises which will enable such families to supplement their income. " (b) The Director is authorized to provide financial assistance to local cooperative associations in rural areas containing concentrations or substantial numbers of low-income persons for the purpose of defraying all or part of the costs of establishing and operating cooperative programs for farming, purchasing, marketing, processing, and to improve their income as producers and their purchasing power as consumers, and to provide such essentials as credit and health services. Costs which may be defrayed shall include but not be limited to— " (1) administrative costs of staff and overhead; " (2) costs of planning and developing new enterprises; " (3) costs of acquiring technical assistance; and "(4) initial capital where it is determined by the Director that the poverty of the families participating in the program and the social conditions of the rural area require such assistance. II

L I M I T A T I O N ON

ASSISTANCE

"SEC. Y23. (a) No financial assistance shall be provided under this part unless the Director determines that— "(1) any cooperative association receiving assistance has a minimum of fifteen active members, a majority of which are lowincome rural persons; "(2) adequate technical assistance is made available and committed to the programs being supported; "(3) such financial assistance will materially further the purposes of this part; and "(4) the applicant is fulfilling or will fulfill a need for services, supplies, or facilities which is otherwise not being met. " (b) The level of financial assistance for related purposes under this Act to the area served by a program under this part shall not be diminished in order to substitute funds authorized by this part.

" ^ use 2983b. ^

"PART C—DEVELOPMENT LOANS TO COMMUNITY ECONOMIC DEVELOPMENT PROGRAMS a DEVELOPMENT LOAN FUND

"SEC. 731. (a) The Director is authorized to make or guarantee loans (either directly or in cooperation with banks or other organizations through agreements to participate on an immediate or deferred basis) to community development corporations, and families and local cooperatives eligible for financial assistance under this title, for business, housing, and community development projects which the Director determines will carry out the purposes of this part. No loans, guarantees, or other financial assistance shall be provided under this section unless the Director determines that— "(1) there is reasonable assurance of repayment of the loan;

'•^ use 2984.

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[88

STAT.

"(2) the loan is not otherwise available on reasonable terms from private sources or other Federal, State, or local programs; and "(3) the amount of the loan, together with other funds available, is adequate to assure completion of the project or achievement of the purposes for which the loan is made. Interest rate on Loaus madc b j the Director pursuant to this section shall bear the loans interest at a rate not less than a rate determined by the Secretary of the Treasury taking into consideration the average market yield on outstanding Treasury obligations of comparable maturity, plus such additional charge if any, toward covering other costs of the program as the Director may determine to be consistent with its purposes, except that, for the five years following the date in which funds are initially available to the borrower, the rate of interest shall be set at a rate considered appropriate by the Director in light of the particular needs of the borrower which rate shall not be lower than 1 per centum. All such loans shall be repayable within a period of not more than thirty years. " (b) The Director is authorized to adjust interest rates, grant moratoriums on repayment of principal and interest, collect or compromise any obligations held by him, and to take such other actions in respect to such loans as he shall determine to be necessary or appropriate, consistent with the purposes of this section. "(c)(1) To carry out the lending and guaranty functions authorized under this part, there shall be established a Development Loan F u n d consisting of two separate accounts, one of which shall be a revolving fund called the Rural Development Loan Fund and the other of which shall be a revolving fund called the Community Development Loan Fund. The capital of each such revolving fund shall remain available until expended. "(2) The Rural Development Loan Fund shall consist of the 42 USC 2 841. remaining funds provided for in part A of title III of this Act and such amounts as may be deposited in such Fund by the Director out of funds made available from appropriations for the purposes of carrying out this part. The Director shall utilize the services of the Farmers Home Administration in administering the Fund. "(3) The Community Development Loan Fund shall consist of such amounts as may be deposited in such fund by the Secretary out of funds made available from appropriations for the purpose of carrying out this subchapter. The Secretary may make deposits in the Community Development Loan Fund in any fiscal year in which he has made available for grants to community development corporaAnte, p. 2318. tions under part B of this title not less than $60,000,000 out of funds made available from appropriations for the purpose of carrying out this title. "ESTABLISHMENT or

MODEL, COMMUNITY ECONOMIC DEVELOPMENT FINANCE

42 USC 2984a.

CORPORATION

"SEC. 732. (a) To the extent he deems appropriate, the Director shall utilize funds available under this part to prepare a plan of action for the establishment of a Model Community Economic Development Finance Corporation to provide a user-controlled independent and professionally operated long-term financing vehicle with the principal purpose of providing financial support for community economic development corporations, cooperatives, other affiliated and supportive agencies and organizations associated with community economic development corporations, and other entities eligible for assistance under this title.

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" (d) Not later than June 1, 1975, the Director shall submit to the ^/^^^^^'^^^^^^^f appropriate committees of the Congress the plan required by this commluees^.'""^ section. "PART D—SUPPORTIVE PROGRAMS AND ACTIVITIES TRAINING AND TECHNICAL ASSISTANCE

"SEC. 741. (a) The Director shall provide, directly or through grants, contracts or other arrangements, such technical assistance and training of personnel as may be required to effectively implement the purposes of this title. No financial assistance shall be provided to any public or private organization under this section unless the Director provides the beneficiaries of these services with opportunity to participate in the selection of and to review the quality and utility of the services furnished them by such organization. " (b) Technical assistance to community development corporations and both urban and rural cooperatives may include planning, management, legal preparation of feasibility studies, product development, marketing, and the provision of stipends to encourage skilled professionals to engage in full-time activities under the direction of a community organization financially assisted under this title. "(c) Training for employees of community development corporations and for employees and members of urban and rural cooperatives shall include, but not be limited to, on-the-job training, classroom instruction, and scholarships to assist them in development, managerial, entrepreneurial, planning, and other technical and organizational skills which will contribute to the effectiveness of programs assisted under this subchapter. " APPLICATION S o r OTHER FEDERAL RESOURCES

42 USC 2985.

SMALL BUSINESS ADMIN-

ISTRATION PROGRAMS

"SEC. 742. (a)(1) Funds granted under this part which are invested 42 USC 2985a. directly or indirectly, in a small business investment company or a local development company, limited small business investment company shall be included as "private paid-in capital and paid-in surplus," "combined paid-in capital and paid-in surplus," and "paid-in capital" for purposes of sections 302, 303, and 502, respectively, of the Small Business Investment Act of 1958. ^^ ^^^ ^^^' "(2) Within ninety days of the enactment of this title, the Admin- Reguiauons. istrator of the Small Business Administration, after consultation with the Secretary, shall prescribe such regulations as may be necessary and appropriate to insure the availability to community development corporations of such programs as shall further the purposes of this part. " (b)(1) Areas selected for assistance under this title shall be deemed arfa\'^.^'"'^°^"'^"' 'redevelopment areas' within the meaning of section 401 of the Public 42 USC 3161. Works and Economic Development Act of 1965, shall qualify for assistance under the provisions of title I and title 11 of that Act, and ^^\\ ^^^ ^^^'' shall be deemed to have met the overall economic development program requirements of section 202(b) (10) of such Act. ^2 USC 3142. "(2) Within ninety days of the enactment of this title, the Secretary shall prescribe regulations which will insure that community development corporations and cooperatives shall qualify for assistance and shall be eligible to receive such assistance under all such programs of the Economic Development Administration as shall further the purposes of this title.

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PUBLIC LAW 93-644-JAN. 4, 1975 ((DEPARTMENT

[88

STAT.

OF HOUSING AND URBAN DEVELOPMENT PROGRAMS

42 USC 2985b.

"SEC. 743. The Secretary of Housing and Urban Development, after consultation with the Director, shall take all necessary steps to assist community development corporations and local cooperative associations to qualify for and receive (1) such assistance in connection with technical assistance, counseling to tenants and homeowners, and loans to sponsors of low- and moderate-income housing under, section 106 12 USC 1701X. ^j-f ^^g Housing and Urban Development Act of 1968 as amended by Ante, p. 735. section 811 of the Housing and Community Development Act of 1974, (2) such land for housing and business location and expansion under Ante, p. 633. ^j^j^ J Qf ^^ Housing and Community Development Act of 1974, and (3) such funds for comprehensive planning under section 701 of the 40 USC 461. Housing Act of 1954 as amended by section 401 of the Housing and Ante, p. 686. Community Development Act of 1974, as shall further the purposes of this Act. " DEPARTMENT OF AGRICULTURE AND FARMERS HOME ADMINISTRATION PROGRAMS

42 USC 2985c.

42 USC: 1441 note. 7 USC 1921 note.

Report to Congress.

"SEC. 744. (a) The Secretary of Agriculture or, where appropriate, the Administrator of the Farmers Home Administration, after consultation with the Director, shall take all necessary steps to insure that community development corporations and local cooperative associations shall qualify for and shall receive (1) such assistance in connection with housing development under the Housing Act of 1949, (2) such assistance in connection with housing, business, industrial, and community development under the Consolidated Farmers Home Administration Act of 1961 and the Rural Development Act of 1972, and (3) such further assistance under all such programs of the United States Department of Agriculture, as shall further the purposes of this title. "(b) On or before six months after the enactment of this title, and annually thereafter, the Secretary shall submit to the Congress a detailed report setting forth a description of all Federal agency programs which he finds relevant to achieving the purposes of this part and the extent to which such programs have been made available to community development corporations receiving financial assistance under this part including specifically the availability and effectiveness of programs referred to in subsection (a) of this section. Where appropriate, the report required under this subsection also shall contain recommendations for the more effective utilization of Federal agency programs for carrying out the purposes of this title. «COORDINATION

42 USC 2985d.

"SEC. 745. (a) The Director shall take all necessary and appropriate steps to encourage Federal departments and agencies and State and local governments to make grants, provide technical assistance, enter into contracts, and generally support and cooperate with community development corporations and local cooperative associations. " (b) Eligibility for assistance under other Federal programs shall not be denied to any applicant on the ground that it is a community development corporation or any other entity assisted under this title. "EVALUATION

42 USC 2985e.

AND ELIGIBILITY

AND

RESEARCH

"SEC. 746. (a) Each program for which grants are made under this title shall provide for a thorough evaluation of the effectiveness of the program in achieving its purposes, which evaluation shall be conducted

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hj such public or private organizations as the Director, in consultation with existing grantees familiar with programs carried out under this Act, may designate, and all or part of the costs of evaluation may be paid from funds appropriated to carry out this part. I n evaluating the performance of any community development corporation funded under part A of this title, the criteria for evaluation shall be based upon such program objectives, goals, and priorities as are consistent with the purposes of this title and were set forth by such community development corporation in its proposal for funding as approved and agreed upon by the Director or as subsequently modified from time to time by mutual agreement between the Director and such community development corporation. " (b) The Director shall conduct, either directly or through grants or other arrangements, research designed to suggest new programs and policies to achieve the purposes of this title in such ways as to provide opportunities for employment, ownership, and a better quality of life for low-income residents. uPLANNING

GRANTS

"SEC. 747. I n order to facilitate the purposes of this title, the Director is authorized to provide financial assistance to any public or private nonprofit agency or organization for planning of community economic development programs and cooperative programs under this title.

" ^ "^*^ 2985f. ^

"NONDISCRIMINATION PROVISIONS

"SEC. 748. (a) The Director shall not provide financial assistance for any program, project, or activity under this title unless the grant or contract with respect thereto specifically provides that no person with responsibilities in the operation thereof will discriminate with respect to any such program, project, or activity because of race, creed, color, national origin, sex, political affiliation, or beliefs. " (b) No person in the United States shall on the ground of sex be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in connection with any program or activity receiving assistance under this title. The Director shall enforce the provisions of the preceding sentence in accordance with section 602 of the Civil Rights Act of 1964. Section 603 of such Act shall apply with respect to any action taken by the Secretary to enforce such sentence. This section shall not be construed as affecting any other legal remedy that a person may have if that person is excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in connection with, any program, project, or activity receiving assistance under this title." NATIVE AMERICAN PROGRAMS

SEC. 11. The Economic Opportunity Act of 1964 is further amended by inserting after title "VTI thereof the following new title VIII:

^2 USC 2985g.

^^ use 2oood.i. -^2 USC 2000.1-2.

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"TITLE VIII—NATIVE AMERICAN PROGRAMS

can Programs Act of 1974. "SHORT TITLE

42 USC 2 991.

"SEC. 801. This title may be cited as the 'Native American Programs Act of 1974'. "STATEMENT or PURPOSE

42 USC 2991a.

"SEC. 802. The purpose of this title is to promote the goal of economic and social self-sufficiency for American Indians, Hawaiian Natives and Alaskan Natives. "FINANCIAL

42 USC 2991b.

43 USC 1061 note.

ASSISTANCE

FOR

NATIVE

"SEC. 803. (a) The Secretary is authorized to provide financial assistance to public and nonprofit private agencies, including but not limited to, governing bodies of Indian tribes on Federal and State reservations, Alaskan Native villages and regional corporations established by the Alaska Native Claims Settlement Act, and such public and nonprofit private agencies serving Hawaiian Natives, and Indian organizations in urban or rural nonreservation areas, for projects pertaining to the purposes of this title. I n determining the projects to be assisted under this title, the Secretary shall consult with other Federal agencies for the purpose of eliminating duplication or conflict among similar activities or projects and for the purpose of determining whether the findings resulting from those projects may be incorporated into one or more programs for which those agencies are responsible. "(b) Financial assistance extended to an agency under this title shall not exceed 80 per centum of the approved costs of the assisted project, except that the Secretary may approve assistance in excess of such percentage if he determines, in accordance with regulations establishing objective criteria, that such action is required in furtherance of the purposes of this title. Non-Federal contributions may be in cash or in kind, fairly evaluated, including but not limited to plant, equipment, and services. The Secretary shall not require non-Federal contributions in excess of 20 per centum of the approved costs of programs or activities assisted under this title. "(c) No project shall be approved for assistance under this title unless the Secretary is satisfied that the activities to be carried out under such project will be i n addition to, and not in substitution for, comparable activities previously carried out without Federal assistance, except that the Secretary may waive this requirement in any case in which he determines, in accordance with regulations establishing objective criteria, that application of the requirement would result in unnecessary hardship or otherwise be inconsistent with the purposes of this title. "TECHNICAL ASSISTANCE

42 USC 2991c.

AMERICAN PROJECTS

AND TRAINING

"SEC. 804. The Secretary may provide, directly or through other arrangements, (1) technical assistance to public and private agencies in developing, conducting, and administering projects under this title, and (2) short-term in-service training for specialized or other personnel which is needed in connection with projects receiving financial assistance under this title. " R E S E A R C H, DEMONSTRATION, AND PILOT PROJECTS

42 USC 299id.

«SEC. 805. (a) The Secretary may provide financial assistance through grants or contracts for research, demonstration, or pilot proj-

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ects conducted by public or private agencies which are designed to test or assist in the development of new approaches or methods that will aid in overcoming special problems or otherwise furthering the purposes of this title. " (b) The Secretary shall establish an overall plan to govern the approval of research, demonstration, and pilot projects and the use of all research authority under this title. The plan shall set forth specific objectives to be achieved and priorities among such objectives. "ANNOUNCEMENT

or

RESEARCH,

DEMONSTRATION,

OR

riLOT

PROJECTS

"SEC. 806. (a) The Secretary shall make a public announcement concerning— "(1) the title, purpose, intended completion date, identity of the grantee or contractor, and proposed cost of any grant or contract with a private or non-Federal public agency for a research, demonstration, or pilot project; and "(2) except in cases in which the Secretary determines that it would not be consistent with the purposes of this title, the results, findings, data, or recommendations made or reported as a result of such activities. "(b) The public announcements required by subsection (a) shall be made within thirty days of making such grants or contracts, and the public announcements inquired by subsection (b) of this section shall be made within thirty days of the receipt of such results.

" ^ use 299ie. ^

a SUBMISSION OF PLANS TO STATE AND LOCAL OFFICIALS

"SEC. 807. (a) No financial assistance may be provided to any project under section 803 of this title or any research, demonstration, or pilot project under section 805 of this title, which is to be carried out on or in an Indian reservation or Alaskan Native village, unless a plan setting forth the project has been submitted to the governing body of that reservation or village and the plan has not been disapproved by the governing body within thirty days of its submission. " (b) No financial assistance may be provided to any project under section 803 of this title or any research, demonstration, or pilot project under section 805 of this title, which is to be carried out in a State other than on or in an Indian reservation or Alaskan Native village or Hawaiian Homestead, unless the Secretary has notified the chief executive officer of the State of his decision to provide that assistance. "(c) No financial assistance may be provided to any project under section 803 of this title or any research, demonstration, or pilot project under section 805 of this title, which is to be carried out in a city, county, or other major political subdivision of a State, other than on or in an Indian reservation or Alaskan Native village, or Hawaiian Homestead, unless the Secretary has notified the local governing officials of the political subdivision of his decision to provide that assistance.

'^^ use 29911.

" R E C O R D S AND AUDITS

"SEC. 808. (a) Each agency which receives financial assistance under this title shall keep such records as the Secretary may prescribe, including records which fully disclose the amount and disposition by that agency of such financial assistance, the total cost of the project in connection with which such financial assistance is given or used, the amount of that portion of the cost of the project supplied by other

'*^ ^^^ 2991;;

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sources, and such other records as will facilitate an effective audit. "(b) The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of any agency which receives financial assistance under this title that are pertinent to the financial assistance received under this title. "APPEALS, NOTICE, AND HEARING 42 USC 2991h.

"SEC. 809. The Secretary shall prescribe procedures to assure that— "(1) financial assistance under this title shall not be suspended, except in emergency situations, unless the assisted agency has been given reasonable notice and opportunity to show cause why such action should not be taken; and "(2) financial assistance under this title shall not be terminated, and application for refunding shall not be denied, and a suspension of financial assistance shall not be continued for longer than thirty days, unless the assisted agency has been afforded reasonable notice and opportunity for a full and fair hearing. u EVALUATION

42 USC 2992.

Studies and summaries, sub' ^ mittal to congres

sionai commi't. tees

"SEC. 810. (a) The Secretary shall provide, directly or through grants or contracts, for the evaluation of projects assisted under this title, including evaluations that describe and measure the impact of such projects, their effectiveness in achieving stated goals, their impact on related programs, and their structure and mechanisms for delivery of services, including, where appropriate, comparisons with appropriate control groups composed of persons who have not participated in such projects. Evaluations shall be conducted by persons not directly involved in the administration of the program or project evaluated. "(b) Prior to obligating funds for the programs and projects covered by this title with respect to fiscal year 1976, the Secretary shall develop and publish general standards for evaluation of program and project effectiveness in achieving the objectives of this title. The extent to which such standards have been met shall be considered in deciding whether to renew or supplement financial assistance authorized under this title. "(c) I n carrying out evaluations under this title, the Secretary may require agencies which receive assistance under this title to provide for independent evaluations. " (d) I n carrying out evaluations under this title, the Secretary shall, whenever feasible, arrange to obtain the specific views of persons participating in and served by programs and projects assisted under this title about such programs and projects. "(e) The Secretary shall publish the results of evaluative research and summaries of evaluations of program and project impact and effectiveness not later than ninety days after the completion thereof. The Secretary shall submit to the appropriate committees of the Congress copies of all such research studies and evaluation summaries. "("f) The Secretary shall take the nccessarv action to assuTC that all studies, evaluations, proposals, and data produced or developed with assistance under this title shall become the property of the United States.

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PUBLIC LAW 93-644-JAN. 4, 1975 uLABOR

STANDARDS

"SEC. 811. All laborers and mechanics employed by contractors or subcontractors in the construction, alteration, or repair, including painting or decorating, of buildings or other facilities in connection with projects assisted under this title, shall be paid wages at rates not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor in accordance with the DavisBacon Act. The Secretary of Labor shall have, with respect to such labor standards, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950, and section 2 of the Act of June 1, 1934. "DELEGATION or

'^^ "^^ 2992a.

40

note.

use

276a

5 USC app. 42

use

276c.

42

use

2992b,

AUTHORITY

"SEC. 812. (a) The Secretary is authorized to delegate to the heads of other depaiiments and agencies of the Federal Government any of his functions, powers, and duties under this title, as he may deem appropriate, and to authorize the redelegation of such functions, powers, and duties by the heads of such departments and agencies. "(b) Departments and agencies of the Federal Government shall exercise their powers, duties, and functions in such manner as will assist in carrying out the objectives of this title. "(c) Funds appropriated for the purpose of carrying out this title may be transferred between departments and agencies of the Government, if such funds are used for the purposes for which they are authorized and appropriated.

"SEC. 813. As used in this title, the term— _ " (1) 'financial assistance' includes assistance advanced by grant, agreement, or contract, but does not include the procurement of plant or equipment, or goods or services; " (2) 'Indian reservation or Alaskan Native village' includes the reservation of any federally or State recognized Indian tribe, including any band, nation, pueblo, or rancheria, any former reservation in Oklahoma, any community under the jurisdiction of an Indian tribe, including a band, nation, pueblo, or rancheria, with allotted lands or lands subject to a restriction against alienation imposed by the United States or a State, and any lands of or under the jurisdiction of an Alaskan Native village or group, including any lands selected by Alaskan Natives or Alaskan Native organizations under the Alaska Native Claims Settlement Act: "(3) 'Native Hawaiian' means any individual any of whose ancestors were natives of the area which consists of the Hawaiian Islands prior to 1778. ((AUTHORIZATION

2327

^2 USC 2992c.

OF APPROPRIATIONS

"SEC. 814. There are authorized to be appropriated for the purpose of carrying out the provisions of this title, such sums as may be necessary for fiscal years 1975 through 1977." EVAIiliATION

SEC. 12. Title IX of the Economic Opportunity Act of 1964 is amended to read as follows:

42 USC 2992d.

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[88 STAT.

"TITLE IX—EVALUATION PROGRAM A N D P R O J E C T 42 USC 2 9 9 5.

Ante,

p. 2294.

Ante,

p. 2292.

Report to cong r e s s i o n a l committees.

42 USC 2948.

Studies and summaries, submittal to c o n g r e s sional committees.

EVALUATION

"SEC. 901. (a)(1) The Director shall, directly or through grants or contracts, measure and evaluate the impact of all programs authorized by this Act and of poverty-related programs authorized by other Acts, in order to determine their effectiveness in achieving stated goals, their impact on related programs, and their structure and mechanisms for delivery of services, including where appropriate, comparisons with appropriate control groups composed of persons who have not participated in such programs. Evaluations shall be conducted by persons not directly involved in the administration of the program or project evaluated. "(2) I n carrying out his responsibilities under this section, the Director, in the case of research, demonstrations, and related activities carried out under title I of this Act, shall, after taking into consideration the views of State agencies and community action agencies designated pursuant to section 210 of this Act, on an annual basis— " (A) reassess priorities to which such activities should be directed; and " (B) review present research, demonstration, and related activities to determine, in terms of the purpose specified for such activities in section 102(a) of this Act, whether and on what basis such activities should be continued, revised, or terminated. "(3) The Director shall, within 12 months after the date of enactment of this Act, and on each April 1 thereafter, prepare and furnish to the appropriate committees of the Congress a complete report on the determination and review carried out under paragraph (2) of this subsection, together with such recommendations, including any recommendations for additional legislation, as he deems appropriate. "(b) Prior to obligating funds for the programs and projects covered by this Act with respect to fiscal year 1976, the Director shall develop and publisli general standards for evaluation of program and project effectiveness in achieving the objectives of this Act. The extent to which such standards have been met shall be considered in deciding whether to renew or supplement financial assistance authorized under any section of this Act. Reports submitted pursuant to section 608 of this Act shall describe the actions taken as a result of these evaluations. "(c) I n carrying out evaluations under this title, the Director shall, whenever feasible, arrange to obtain the specific views of persons participating in and served by programs and projects assisted under this Act about such programs and projects, and shall consult, when appropriate, with State agencies and community action agencies designated pursuant to section 210, in order to provide for jointly sponsored objective evaluation studies on a State or areawide basis. " (d) The Director shall publish the results of evaluative research and summaries of evaluations of program and project impact and effectiveness not later than ninety days after the completion thereof. The Director shall submit to the appropriate committees of the Congress copies of all such research studies and evaluation summaries. "(e) The Director shall take the necessary action to assure that all studies, evaluations, proposals, and data produced or developed with assistance under this Act shall become the property of the United States.

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COOPERATION OF AND CONSULTATION W I T H OTHER FEDERAL AGENCIES

" S E C 902. (a) Such information and cooperation as the Director may deem necessary for purposes of the evaluations conducted under this title shall be made available to him, upon request, by the agencies of the executive branch. "(b) I n carrying out evaluations under this title, the Director shall consult with the heads of other Federal agencies carrying out activities related to the subject matter of those evaluations. ' ' V A L U A T I O N BY OTHER A D M I N I S T E R I N G

42 USC 2995a.

AGENCIES

" S E C 903. The head of any agency administering a program authorized under this Act may, with respect to such program, conduct evaluations and take other actions authorized under this title to the same extent and in the same manner as the Director under this part. Nothing in this section shall preclude the Director from conducting such evaluations or taking such actions otherwise authorized under this title with respect to such programs."

42 USC 2995b.

CONGRESSIONAL REVIEW

SEC. 13. (a) The Senate Committee on Labor and Public Welfare J,l^^^ ^^^^ and the House Committee on Education and Labor shall conduct joint study which shall include— (1) a consideration of an appropriate administrative agency for the conduct of programs after July 1, 1975, under title VII of the Economic Opportunity Act, ^"^^' P- 2315. (2) review the extent to which programs and activities conducted under title VII of the Economic Opportunity Act meet the overall need in the Nation for community economic development programs and the resources available from public and private funds in meeting those needs, and (3) the extent to which there is maximum utilization of the resources of all Federal agencies having responsibilities under title VII of the Economic Opportunity Act, and other public and private agencies and organizations. (b) The Senate Committee on Labor and Public Welfare and the Report. House Committee on Education and Labor shall submit such reports as they deem appropriate on their findings, together with any recommendations for further legislation, not later than one year after enactment of this title. E X T E N S I O N o r PROGRAM AUTHORITY

S E C 14. (a) Sections 245,321, and 615 of the Economic Opportunity Act of 1964, are each amended by striking out "eight succeeding fiscal ^2 USC 2837, years" and inserting in lieu thereof "eleven succeeding fiscal years", ^svi, 2 965. (b) Section 523 of such Act (redesignated as section 583 by section '•^ use 2933. 3(c) of this Act) is amended by striking out "seven succeeding fiscal years" and inserting in lieu thereof "ten succeeding fiscal years". AUTHORIZATION OF APPROPRIATIONS

S E C 15. (a)(1) For the purpose of carrying out title I, title IT, title III, title IV, title V, title VI, title VII, title VIII, and title IX of the Economic Opportunity Act of 1964, there are authorized to be

42 USC 2707.

42" use"284^1^* Ante, 2328.

pp. 2298-

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42 USC 2808.

42 USC 2701 note.

PUBLIC LAW 93-645-JAN. 4, 1975

[88 STAT.

appropriated such sums as may be necessary for each, of the fiscal years 1975 through 1977. (2) For the purpose of carrying out the programs authorized under section 221 there is authorized to be appropriated $330,000,000 for the fiscal year 1975 and such sums as may be necessary for each of the two succeeding fiscal years. (b) Unless the Congress has passed or formally rejected legislation extending the authorizations of appropriations for carrying out any title of the Economic Opportunity Act of 1964 specified in subsection (a) of this section, or adopts a concurrent resolution providing that the provisions of this subsection shall not apply, the authorizations of appropriations specified in subsection (a) are hereby automatically extended for one additional fiscal year beyond the terminal year specified in the Economic Opportunity Act of 1964 or in this section. REPEAI/ER

42 USC 2705. 42 USC 2703.

SEC. 16. (a) Section 115 of the Economic Opportujiity Amendments of 1969 IS repealed. (b) Section 301 of the Economic Opportunity Amendments of 1967 is repealed. Approved January 4, 1975. Public Law 93-645

January 4, 1975 [H. R.14689]

Lowell Historic Canal District eommission. Establishment. 16 USC 461 note.

Membership. 16 USC 461 note.

AN ACT To provide for a plan for the preservation, interpretation, development, and use of the historic, cultural, and architectural resources of the Lowell Historic Ganal District in Lowell, Massachusetts, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for the purpose of preserving and interpreting for the educational and inspirational benefit of present and future generations the unique and significant contribution to our national heritage of certain historic and cultural lands, waterways, and edifices in the city of Lowell, Massachusetts (the cradle of the industrial revolution in America as well as America's first planned industrial city) with emphasis on harnessing this unique urban environment for its educational value as well as for recreation, there is hereby established the Lowell Historic Canal District Commission (hereinafter referred to as the "Commission"), the purpose of which shall be to prepare a plan for the preservation, interpretation, development, and use, by public and private entities, of the historic, cultural, and architectural resources of the Lowell Historic Canal District in the city of Lowell, Massachusetts. SEC. 2. (a) The Commission shall consist of nine members, as follows: (1) the Secretary of the Interior, the Secretary of Housing and Urban Development, the Secretary of Transportation, and the Secretary of Commerce, all ex officio; and

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(2) five members appointed by the Secretary of the Interior, one of whom shall be the Director of the National P a r k Service, two of whom shall be appointed from recommendations submitted by the manager of the city of Lowell, and two of whom shall be appointed from recommendations submitted by the Governor of the Commonwealth of Massachusetts. The members appointed pursuant to this paragraph shall have knowledge and experience in one or more of the fields of history, architecture, the arts, recreation planning, city planning, or government, (b) Each member of the Commission specified in paragraph (1) of subsection (a) and the Director of the National Park Service may designate an alternate official to serve in his stead. Members appointed pursuant to paragraph (2) of subsection (a) who are officers or employees of the Federal Government, the city of Lowell, or the Commonwealth of Massachusetts, shall serve without compensation as such. Other members, when engaged in activities of the Commission, shall be entitled to compensation at the rate of not to exceed $100 per diem. All members of the Commission shall receive reimbursement for necessary travel and subsistence expenses incurred by them in the performance of the duties of the Commission. SEC. 3. (a) The Commission shall elect a Chairman from among 16 USC 46i its members. Financial and administrative services (including those relating to budgeting, accounting, financial reporting, personnel, and procurement) shall be provided for the Commission by the General Services Administration, for which payments shall be made in advance, or by reimbursement, from funds of the Commission in such amounts as may be agreed upon by the Chairman of the Commission and the Administrator, General Services Administration: Provided, That the regulations of the Department of the Interior for the collec- Regulations. tion of indebtedness of personnel resulting from erroneous payments shall apply to the collection of erroneous payments made to or on behalf of a Commission employee, and regulations of said Secretary for the administrative control of funds shall apply to appropriations of the Commission: And provided further, That the Commission shall not be required to prescribe such regulations. (b) The Commission shall have power to appoint and fix the compensation of such additional personnel as may be necessary to carry out its duties, without regard to the provisions of the civil service laws and the Classification Act of 1949. ^ use s\o\et (c) The Commission may also procure, without regard to the civil ^^^' ^ ''^^' service laws and the Classification Act of 1949, temporary and intermittent services to the same extent as is authorized for the executive departments by section 15 of the Administrative Expenses Act of 1946, but at rates not to exceed $100 per diem for individuals. s use 3io9, (d) The mejnbers of the Commission specified in paragraph (1) of section 2(a) shall provide the Commission, on a reimbursable basis, with such facilities and services under their jurisdiction and control as may be needed by the Commission to carr-y out its duties, to the extent thai such facilities and services are re(iuested by the Commission and are otherwise available for that purpose. To the extent of available

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P l a n, submittal to C o n g r e s s. 16 USC 461 note.

Termination. 16 USC 461 note.

16 USC 461 note.

16 USC 461 note.

16 USC 461 note.

PUBLIC LAW 93-645-JAN. 4, 1975

[88 STAT.

appropriations, the Commission may obtain, by purchase, rental, donation, or otherwise, such additional property, facilities, and services as may be needed to carry out its duties. Upon the termination of the Commission all property, personal and real, and unexpended funds shall be transferred to the Department of the Interior. SEC. 4. I t shall be the duty of the Commission to prepare the plan referred to in the first section of this Act, and to submit the plan together with any recommendations for additional legislation, to the Congress not later than two years from the effective date of this Act. The plan for the Lowell Historic Canal District shall include considerations and recommendations, without limitation, regarding (1) the objectives to be achieved by the establishment, development, and operation of the area; (2) the types of use, both public and private, to bo accommodated; (8) criteria for the design and appearance of buildings, facilities, open spaces, and other improvements; (4) a program for the staging of development; (5) the anticipated interpretive, cultural, and recreational programs and uses for the area; (6) the pi-oposod ownership and operation of all structures, facilities, and lands; (7) areas where cooperative agreements may be anticipated; (8) estimates of costs, both public and private, of implementing the plan; and (9) procedures to be used in implementing and insuring continuing conformance to the plan. SEC. 5. The Commission shall be dissolved (1) upon the termination, as determined by its members, of need for its continued existence for the implementation of the plan and the operation or coordination of the entity established by the plan, or (2) upon expiration of a twoyear period commencing on the effective date of this Act, whereupon the completed plan has not been submitted to the Congress, whichever occurs first. SEC. 6. I t is contemplated that the plan to be developed may propose that the Commission may be authorized to— (1) acquire lands and interests therein within the Lowell Historic Canal District by purchase, lease, donation, or exchange; (2) hold, maintain, use, develop, or operate buildings, facilities, and any other properties; (3) sell, lease, or otherwise dispose of real or personal property as necessary to carry out the plan; (4) enter into and perform such contracts, leases, cooperative agreements, or other transactions with any agency or instrumentality of the United States, the Commonwealth of Massachusetts, and any governmental unit within its boundaries, or any person, firm, association, or corporation as may be necessary; (5) establish (through covenants, regulations, agreements, or otherwise) such restrictions, standards, and requirements as are necessary to assure development, maintenance, use, and protection of the Lowell Historic Canal District in accordance with the plan; and ((>) borrow money from the Treasury of the United States in such amounts as may be authorized in appropriation Acts on the basis of obligations issued by the Commission in accordance wath terms and conditions approved by the Secretary of the Treasury. The Secretary of the Treasury is authorized and directed to purchase any such obligations of the Commission. SEC. 7. Title to property of the Commission shall be in the name of the Commission, but it shall not be subject to any Federal, State, or municipal taxes. SEC. 8. There are authorized to be appropriated not to exceed $150,000 for the preparation of the plan authorized by this Act. Approved January 4, 1975.

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Public Law 93-646 AN ACT

January 4, 1975

To amend the E x p o r t - I m p o r t B a n k Act of 1945, and for other purposes.

Be it enacted by the Senate aind House of Representatives United States of America in Congress assembled. '

'' SHORT TITLE

[H. R. 15977]

of the

'

1. This Act may be cited as the "Export-Import Bank Amendments of 1974". SECTION

Export-import Bank Amendments of 1974.

^^ use ess

CHARTER AMENDMENTS

SEC. 2. Section 2(a)(1) of the Export-Import Bank Act of 1945 is amended— (1) by inserting in the third sentence immediately after 'other evidences of indebtedness;" the following: "to guarantee, insure, coinsure, and reinsure against political and credit risks of loss;"; (2) by inserting in the third sentence immediately after "competent jurisdiction;" the following: "to represent itself or to contract for representation in all legal and arbitral proceedings outside the United States;"; and (3) by inserting after the fourth sentence the following new sentence: "The Bank is authorized to publish or arrange for the publication of any documents, reports, contracts, or other material necessary in connection with or in furtherance of its objects and purposes without regard to the provisions of section 501 of title 44, United States Code, whenever the Bank determines that publication in accordance with the provisions of such section would not be practicable.".

12 USC 6 3 5.

POLICY

SEC. 3. Section 2(b)(1) of the Export-Import Bank Act of 1945 12 USC 635. is amended to read as follows: "(b)(1)(A) I t is the policy of the United States to foster expansion Expansion of ex of exports of goods and related services, thereby contributing to the servlcesf°° promotion and maintenance of high levels of employment and real income and to the increased development of the productive resources of the United States. To meet this objective, the Export-Import Bank is directed, in the exercise of its functions, to provide guarantees, insurance, and extensions of credit at rates and on terms and other conditions which arc compctitiv^e with the Government-supported rates and terms and other conditions available for the financing of exports from the principal countries whose exporters compete with United States exporters. The Bank shall, in cooperation with the export financing instrumentalities of other governments, seek to minimize competition in government-supported export financing. The Bank ^^^°'^*^/°o""" shall, on a semiannual basis, report to the appropriate committees of ^'^^^^'°" Congress its actions in complying with these directives. In this report m i t t e e s. the Bank shall include a survey of all other major export-financing facilities available from other governments and government-related agencies through which foreign exporters compete with the United States exporters and indicate in specific terms the ways in which the Bank's rates, terms, and other conditions compare with those offered from such other governments directly or indirectly. Further, the Bank shall at the same time survey a representative number of United States exporters and United States commercial lending institutions which provide export credit to determine their experience in meeting financial competition from other countries whose exporters compete

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Report on energy-related

lo^ns! '"""'''"

15 USC 631,

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with United States exporters. The results of this survey shall be included as part of the semiannual report required by this subparagraph. The Bank shall also include in the semiannual report a description of each loan by the Bank involving the export of any product or service related to the production, refining or transportation of any type of energy or the development of any energy resource with a statement assessing the impact, if any, on the availability of such products, services, or energy supplies thus developed for use within the United States. " (B) It is further the policy of the United States that loans made by the Bank shall bear interest at rates determined by the Board of Directors of the Bank, taking into consideration the average cost of money to the Bank as well as the Bank's mandate to support United States exports at rates and on terms and conditions which are competitive with exports of other countries; that the Bank in the exercise of its functions should supplement and encourage, and not compete with, private capital; that the Bank shall accord equal opportunity to export agents and managers, independent export firms, and small commercial banks in the formulation and implementation of its programs; that the Bank shall give due recognition to the policy stated in section 2(a) of the Small Business Act that 'the Government should aid, counsel, assist, and protect, insofar as is possible, the interests of small business concerns in order to preserve free competitive enterprise' and that in furtherance of this policy the Board of Directors shall designate an officer of the Bank who shall be responsible to the President of the Bank for all matters concerning or affecting small business concerns and who, among other duties, shall be responsible for advising small businessmen of the opportunities for small business concerns in the functions of the Bank and for maintaining liaison with the Small Business Administration and other departments and agencies in matters affecting small business concerns; that loans, so far as possible consistent with the carrying out of the purposes of subsection (a) of this section, shall generally be for specific purposes, and, in the judgment of the Board of Directors, offer reasonable assurance of repayment; and that in authorizing any loan or guarantee, the Board of Directors shall take into account any serious adverse effect of such loan or guarantee on the competitive position of United States industry, the availability of materials which are in short supply in the United States, and employment in the United States.". NATIONAL INTEREST DETERMINATIONS

12 USC 635.

22 USC 2370.

SEC. 4. Section 2(b)(2) of the Export-Import Bank Act of 1945 is amended to read as follows: "(2) The Bank in the exercise of its functions shall not guarantee, insure, or extend credit, or participate in any extension of credit— " (A) in connection with the purchase or lease of any product by a Communist country (as denned in section 620(f) of the Foreign Assistance Act of 1961), or agency, or national thereof, or " (B) in connection with the purchase or lease of any product by any oth( r foreign country, or agency or national thereof, if the product to be purchased or leased by such other country, agency, or national is, to the knowledge of the Bank, principally for use in, or sale or lease to, a Communist country (as so defined), unless the President determines that guarantees, insurance, or extensions of credit in connection therewith to such Communist or such other country or agency or national thereof would be in the national interest. The President shall make a separate determination with respect to each transaction in which the Bank would extend a loan to such Communist or such other country, or agency, or national thereof

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an amount of $50,000,000 or more. Any determination required under the first sentence of this paragraph shall be reported to the Congress not later than the earlier of thirty days following the date of such determination, or the date on which the Bank takes final action on a transaction which is the first transaction involving such country or agency or national after the date of enactment of the Export-Import Bank Amendments of 1974, unless a determination with respect to such country or agency or national has been made and reported prior to such date of enactment. Any determination required to be made under the second sentence of this paragraph shall be reported to the Congress not later than the earlier of thirty days following the date of such determination or the date on which the Bank takes final action on the transaction involved." CONGRESSIONAL

2335 Report to ConRress.

^"^'=' P- 2'33

NOTIFICATION

SEC. 5. Section 2(b) of the Export-Import Bank Act of 1945 is amended— (1) by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6) respectively; and (2) by inserting after paragraph (2) the following new paragraph: "(3) No loan or financial guarantee or combination thereof in an amount which equals or exceeds $'60,000,000 shall be finally approved by the Board of Directors of the Bank, and no loan or financial guarantee or combination thereof which equals or exceeds $25,000,000 for the export of goods or services involving research, exploration, or production of fossil fuel energy resources in the Union of Soviet Socialist Republics shall be finally approved by the Board of Directors of the Bank, unless in each case the Bank has submitted to the Congress with respect to such loan, financial guarantee, or combination thereof, a detailed statement describing and explaining the transaction, at least 25 days of continuous session of the Congress prior to the date of final approval. For the purpose of the preceding sentence, continuity of a session of the Congress shall be considered as broken only by an adjournment of the Congress sine die, and the days on which either House is not in session because of an adjournment of more than 3 days to a day certain shall be excluded in the computation of the 25 day period referred to in such sentence. Such statement shall contain— " (A) a brief description of the purposes of the transaction, the identity of the party or parties requesting the loan or financial guarantee, the nature of the goods or services to be exported, and the use for which the goods or services are to be exported; and " (B) a full explanation of the reasons for Bank financing of the transaction, the amount of the loan to be provided by the Bank, the approximate rate and repayment terms at which such loan will be made available and the approximate amount of the financial guarantee."

12 USC 635.

FRACTIONAL CHARGE OF GUARANTEES AND INSURANCE

SEC. 6. Section 2(c)(1) of the Export-Import Bank Act of 1945 is amended to read as follows: "(c)(1) The Bank is authorized and empowered to charge against the limitations imposed by section 7 of this Act, not less than 25 per centum of the related contractual liability which the Bank incurs for

12 USC 635. 12 USC 635e.

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guarantees, insurance, coinsurance, and reinsurance against political and credit risks of loss. The aggregate amount of guarantees, insurance, coinsurance, and reinsurance which may be charged on this fractional basis pursuant to this section shall not exceed $20,000,000,000 outstanding at any one time. Fees and premiums shall be charged in connection with such contracts commensurate, in the judgment of the Bank, with risks covered.". I N T E R E S T RATE ON OBLIGATIONS OF THE 12 USC 635d.

BANK

SEC. 7. Section 6 of the Export-Import Bank Act of 1945 is amended by striking the third sentence and inserting in lieu thereof the following new sentence: "Each such Bank obligation issued to the Treasury after the enactment of the Export-Import Bank Amendments of 1974 shall bear interest at a rate not less than the current average yield on outstanding marketable obligations of the United States of comparable maturity during the month preceding the issuance of the obligation of the Bank as determined by the Secretary of the Treasury.", AUTHORITY

12 USC 635e.

SEC. 8. Section 7 of the Export-Import Bank Act of 1945 is amended— (1) by inserting " (a) " after "Sec. 7"; (2) by striking out "$20,000,000,000" and inserting in lieu thereof "$25,000,000,000"; and (3') by adding at the end thereof the following: ^s^'sT^ ° ^^(^) After the date of enactment of the Export-Import Bank .4'nf'e, "p. 2333. Amendments of 1974, the Bank shall not approve any loans or financial guarantees, or combination thereof, in connection with exports to the Union of Soviet Socialist Republics in an aggregate amount in excess of $300,000,000. No such loan or financial guarantee, or combination thereof, shall be for the purchase, lease, or procurement of any product or service for production (including processing and distribution) of fossil fuel energy resources. Not more than $40,000,000 of such aggregate amount shall be for the purchase, lease, or procurement of any product or service which involves research or exploration of fossil fuel ri^^!'^!?''^^ energy resources. The President may establish a limitation in determination port° to e " n•'^"s'"- (excess of $300,000,000 if he determines that such higher limitation is o gre s in the national interest and if he reports such determination to the Congress together with the reasons therefor, including the amount of such proposed increase which would be available for the export of products and services for research, exploration, and production (including processing and distribution) of fossil fuel energy resources in the Union of Soviet Socialist Republics, and if, after the receipt of such report together with the reasons, the Congress adopts a concurrent resolution approving such determination." EXPIRATION Ante,

p. 136f

SEC. 9. Section 8 of the Export-Import Bank Act of 1945 is amended by striking out "November 30, 1974" and inserting in lieu thereof "June 30, 1978". REPORT

12 USC 635g. Annual report to e o n g r e s s.

gj,c. 10. Section 9 of the Export-Import Bank Act of 1945 is amended to read as follows: "SEC. 9. (a) The Export-Import Bank of the United States shall transmit to the Congress annually a complete and detailed report of its operations. Such report shall be as of the close of business on the last day of each fiscal year.

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"(b)_ The report shall contain a description of actions taken by the Bank in pursuance of the policy of aiding, counseling, assisting, and protecting, insofar as is possible, the interests of small business concerns." CEILING ON BORROWING BY NATIONAL BANKS

SEC. 11. Section 5202 of the Revised Statutes, as amended (12 U.S.C. 82^, is amended by adding at the end thereof the following: "Twelfth. Liabilities incurred in borowing from the Export-Import Bank of the United States.".

r

RELATIONSHIP TO THE ITJADE REFORM ACT

SEC. 12. Until such time as the Trade Reform Act is approved by the 12 USC 635 Congress and signed into law by the President, no loan, guarantee, "°Ante 197 insurance, or credit shall be extended by the Export-Import Bank of ' ^" the United States to the Union of Soviet Socialist Republics. REPEAL OF S E C T I O N

2(a)(2)

SEC. 13. Effective at the close of September 30, 1976, section 2(a)(2) of the Export-Import Bank Act of 1945 is repealed. Approved January 4, 1975.

12 USC 635.

Pnblic Law 93-647 AN ACT To amend the Social Security Act to establish a consolidated program of Federal financial assistance to encourage provision of services by the States.

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 "Social Services Amendments of 1974". PART A—SOCIAL SERVICES AMENDMENTS

SEC. 2. The Social Security Act is amended by inserting at the end thereof the following new title:

January 4, 1975 [H. R.17045]

social services

Amendments of 1974. 42 USC 1397 note.

'^-^ ^^^ ^^°^-

" TITLE X X — G R A N T S TO STATES FOR SERVICES "APPROPRIATION

AUTHORIZED

"SEC. 2001. For the purpose of encouraging each State, as far practicable under the conditions in that State, to furnish services directed at the goal of— " (1) achieving or maintaining economic self-support to prevent, reduce, or eliminate dependency, "(2) achieving or maintaining self-sufficiency, including reduction or prevention of dependency, "(3) preventing or remedying neglect, abuse, or exploitation of children and adults unable to protect their own interests, or preserving, rehabilitating, or reuniting families, "(4) preventing or reducing inappropriate institutional care by providing for community-based care, home-based care, or other forms of less intensive care, or "(5) securing referral or admission for institutional care when other forms of care are not appropriate, or providing services to individuals in institutions, there is authorized to be appropriated for each fiscal year a sum sufficient to carry out the purposes of this title. The sums made available under this section shall be used for making payments to States under section 2002.

42 USC 1397.

Infra.

"PAYMENTS TO STATES

"SEC. 2002. (a)(1) From the sums appropriated therefor, the Secretary shall, subject to the provisions of this section and section 2003, pay to each State, for each quarter, an amount equal to 90 per centum of the total expenditures during that quarter for the provision of fam-

42 USC 1397a. Post,

p. 2343.

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ily planning services and 75 per centum of the total expenditures during that quarter for the provision of other services directed at the goal of— " (A) achieving or maintaining economic self-support to prevent, reduce, or eliminate dependency, " (B) achieving or maintaining self-sufficiency, including reduction or prevention of dependency, " (C) preventing or remedying neglect, abuse, or exploitation of children and adults unable to protect their own interests, or preserving, rehabilitating, or reuniting families, " (D) preventing or reducing inappropriate institutional care by providing for community-based care, home-based care, or other forms of less intensive care, or " (E) securing referral or admission for institutional care when other forms of care are not appropriate, or providing services to individuals in institutions, including expenditures for administration (including planning and evaluation) and personnel training and retraining directly related to the provision of those services (including both short- and long-term training at educational institutions through grants to such institutions or by direct financial assistance to students enrolled in such institutions). Services that are directed at these goals include, but are not limited to, child care services, protective services for children and adults, services for children and adults in foster care, services related to the management and maintenance of the home, day care services for adults, transportation services, training and related services, employment services, information, referral, and counseling services, the preparation and delivery of meals, health support services and appropriate combinations of services designed to meet the special needs of children, the aged, the mentally retarded, the blind, the emotionally disturbed, the physically handicapped, and alcoholics and drug addicts. "(2)(A) No payment with respect to any expenditures other than expenditures for personnel training or retraining directly related to the provision of services may be made under this section to any State for any fiscal year in excess of an amount which bears the same ratio to $2,500,000,000 as the population of that State bears to the population of the fifty States and the District of Columbia. The Secretary shall promulgate the limitation applicable to each State for each fiscal year under this paragraph prior to the first day of the third month or the preceding fiscal year, as determined on the basis of the most recent satisfactory data available from the Department of Commerce. " (B) Each State with respect to which a limitation is promulgated under subparagraph (A) for any fiscal year shall, at the earliest practicable date after the commencement of such fiscal year (and in accordance with regulations prescribed by the Secretary), certify to the Secretary whether the amount of its limitation is greater or less than the amount needed by the State, for uses to which the limitation applies, for such fiscal year and, if so, the amount by which the amount of such limitation is greater or less than such need.

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" (C) If any State certifies, in accordance with subparagraph (B), that the amount of its limitation for any fiscal year is greater than its need for such year, then the amount of the limitation of such State for such year shall be reduced by the excess of its limitation amount over its need, and the amount of such reduction shall be available for allotment as provided in subparagraph (D). " (D) Of the amounts made available, pursuant to subparagraph (C), for allotment for any fiscal year, the Secretary (i) shall allot to the jurisdiction of Puerto Rico $15,000,000, to the jurisdiction of Guam $500,000, and to the jurisdiction of the Virgin Islands $500,000, which shall be available to each such jurisdiction in addition to amounts available under section 1108 for purposes of matching the ^^ ^^^ ^^os. expenditures of such jurisdictions for services pursuant to sections 3 (a)(4) and (5), 4 0 3 (a)(3), 1003(a)(3) and (4), 1403(a)(3) and 42 USC 303. (4), and 1603(a)(4) and (5): Provided, That if the amounts made ul'sZVe'. ' ^ " ' available, pursuant to subparagraph (C), are insufficient to meet the requirements of this clause, then such amounts as are available shall be allotted to each of the three jurisdictions in proportion to their respective populations. " (3) No payment may be made under this section to any State with respect to any expenditure for the provision of any service to any individual unless— " (A) the State'services program planning meets the requirements of section 2004, and Post, p. 2346. " (B) the final comprehensive annual services plan in effect when the service is provided to the individual includes the provision of that service to a category of individuals which includes that individual in the descriptions required by section 2004(2) (B) and (C) of the services to be provided under the plan and the categories of individuals to whom the services are to be provided. The Secretary may not deny payment under this section to any State ^^^j^j^f,^"!*^""'^' with respect to any expenditure on the ground that it is not an expendi- prohibition. ture for the provision of a service or is not an expenditure for the provision of a service directed at a goal described in paragraph (1) of this subsection. " (4) So much of the aggregate expenditures with respect to which payment is made under this section to any State for any fiscal year as equals 50 per centum of the payment made under this section to the State for that fiscal year must be expended for the provision of services to individuals— " (A) who are receiving aid under the plan of the State approved under part A of title IV or who are eligible to receive 42 USC 601. such aid, or " (B) whose needs are taken into account in determining the needs of an individual who is receiving aid under the plan of the State approved under part A of title IV, or who are eligible to have their needs taken into account in determining the needs of an individual who is receiving or is eligible to receive such aid, or

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" (C) with respect to whom supplemental security income bene42 USC 1381. fits under title X VI or State supplementary payments, as defined Post, p. 2348. in section 2007(1), are being paid, or who are eligible to have such benefits or payments paid with respect to them, or " (D) whose income and resources are taken into account in determining the amount of supplemental security income benefits or State supplementary payments, as defined in section 2007(1), being paid with respect to an individual, or whose income and resources would be taken into account in determining the amount of such benefits or payments to be paid with respect to an individual who is eligible to have such benefits or payments paid with respect to him, or " (E) who are eligible for medical assistance under the plan of 42 USC 1396. the State approved under title X IX. "(5) No payment may be made under this section to any State with respect to any expenditure for the provision of any service to any individual— " (A) who is receiving, or whose needs are taken into account in determining the needs of an individual who is receiving, aid under the plan of the State approved under part A of title IV, or with respect to whom supplemental security income benefits under title X VI or State supplementary payments, as defined in section 2007(1), are being paid, or " (B) who is a member of a family the monthly gross income of which is less than the lower of— " (i) 80 per centum of the median income of a family of four in the State, or "(ii) the median income of a family of four in the fifty States and the District of Columbia, adjusted, in accordance with regulations prescribed by the Secretary, to take into account the size of the family, if any fee or other charge (other than a voluntary contribution) imposed on the individual for the provision of that service is not consistent with such requirements (including requirements prohibiting the imposition of any such fee or charge) as the Secretary shall prescribe. "(6) No payment may be made under this section to any State with respect to any expenditure for the provision of any service, other than an information or referral service or a service directed at the goal of preventing or remedying neglect, abuse, or exploitation of children any adults unable to protect their own interests, to any individual who is not an individual described in paragraph (5), and— " (A) who is a member of a family the monthly gross income of which exceeds 115 per centum of the median income of a family of four in the State, adjusted, in accordance with regulations prescribed by the Secretary, to take into account the size of the family, or " " (B) who is a member of a family the monthly gross income of which—

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