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 58 the question I put to you at once, for I will certainly cause you to die of hunger and thirst and exquisite tortures, unless you show me where the sapling lies hidden with which you transformed your husband into a wolf. Perhaps the human shape which he has lost may thereby be recovered." Whereupon she swore that she did not know where the sapling was, saying that it was well known that it had been broken up and burnt in the fire. However, as she would not confess, the King handed her over to the tormentors, to be daily tortured and daily exhausted with punishments, and allowed her neither food nor drink. So at last, compelled by the severity of her punishment, she produced the sapling and handed it to the King. (22) And the King took it from her, and with glad heart brought the wolf forward into the midst, and striking his head with the thicker part of the sapling, added these words, "Be a man and have the understanding of a man." And no sooner were the words spoken than the effect followed. The wolf became a man as he had been before, though far more beautiful and comely, being now possessed of such grace that one could at once detect that he was a man of great nobility. The King seeing a man of such great beauty metamorphosed from a wolf standing before him, and pitying the wrongs the man had suffered, ran forward with great joy and embraced him, kissing and lamenting him and shedding tears. And as they embraced each other they drew such long protracted sighs and shed so many tears that all the multitude standing around were constrained to weep. The one returned thanks for all the many kindnesses which had been shown him: the other lamented that he had behaved with less consideration than he ought. What more? Extraordinary joy is shown by all, and the King, having received the submission of the principal men, according to ancient custom, retook possession of his sovereignty. Then the adulterer and adulteress were brought into his presence, and he was consulted as to what he judged ought to be


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PUBLIC LAW 91-614-DEC. 31, 1970

1845

SEC. 302. CREDITS I N THE CASE OF CERTAIN THER MANUFACTURING. (a) IN GENERAL.—

FUR-

_

^2 stat

(1) Section 64:16(b)(3) (relating to tax-paid articles used for 26 USC*64i6!* furtner manufacture) is amended— (A) by striking out "to a second manufacturer or producer, such tax shall be deemed to be an overpayment by such second manufacturer or producer if" and inserting in lieu thereof "and such article is sold to a subsequent manufacturer or producer before being used, such tax shall be deemed to be an overpayment by such subsequent manufacturer or producer if"; and (B) by striking out "the second manufacturer" each place it appears in subparagraphs (A), (B), (C), (E), and (F) 75^51^^126!' and inserting in lieu thereof "the subsequent manufacturer". (2) Section 6416(c) (relating to credit for tax paid on tires or 79 Stat. 154. inner tubes) is amended by striking out the last sentence thereof. (b) CONFORMING AMENDMENT.—Section 6416(b)(2) (relating to specified uses and resales) is amended by striking out subparagraph (E). (c) EFFECTIVE DATE.—The amendments made by subsections (a) and (b) of this section shall apply only with respect to claims for credit or refund filed after the date of the enactment of this Act, but only if the filing of the claim is not barred on the day after the date of the enactment of this Act by any law or rule of law. SEC. 303. CERTAIN CAMPER UNITS. (a) GENERAL RULE.—Section 4063(a)(1)(B) (relating to exemptions for camper coaches, etc.) is amended by inserting "or camping accommodations" after "living quarters". (b) EFFECTIVE DATE.—The amendment made by subsection (a) of this section shall apply with respect to sales made on or after the date of the enactment of this Act. SEC. 304. N E W CAR LABELS TO SHOW RATE OF APPLICABLE FEDERAL MANUFACTURERS EXCISE TAX. (a) GENERAL RULE. — I n the case of any new automobile distributed in commerce after March 31, 1971, on the sale of which by the manufacturer, producer, or importer tax was imposed by section 4061(a) of the Internal Revenue Code of 1954, any person required by section 3 of the Automobile Information Disclosure Act (15 U.S.C. sec. 1232) to affix a label to such new automobile shall include in such label a clear, distinct, and legible - endorsement stating— (1) that Federal excise tax was imposed on such sale, and (2) the percentage rate at which such tax was imposed. (b) PENALTY.—Any person required by subsection (a) of this section to endorse any label who willfully fails to endorse clearly, distinctly, and legibly such label as required by subsection (a), or who makes a false endorsement of such label, shall be fined not more than $1,000. Such failure or false endorsement with respect to each automobile shall constitute a separate offense.

^9 Stat. 157.

^«'e»p- 1843. ^2 Stat. 326.

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Ante, p. 243.

PUBLIC LAW 91-614-DEC. 31, 1970

[84 STAT.

SEC. 305. CHANGE IN TAX ON NON-TURBINE-POWERED AIRCRAFT. (a) EXEMPTION OF FiRST 2,500 PouNDS.—Section 4491(a)(2) (relating to tax on use of civil aircraft) is amended by striking out clause (A) and inserting in lieu thereof " (A) in the case of an aircraft (other than a turbine-engine-powered aircraft), 2 cents a pound for each pound of the maximum certificated takeoff weight in excess of 2,500 pounds, or". (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect on July 1, 1971. TITLE IV—TREASURY DEPARTMENT WORKING CAPITAL FUND SEC. 401. ESTABLISHMENT OF F U N D. There is hereby established a working capital fund for the Department of the Treasury, which shall be available, without fiscal year limitation, for expenses and equipment necessary for maintenance and operation of such administrative services as the Secretary of the Treasury, with the approval of the Director of the Office of Management and Budget, determines may be performed more advantageously and more economically as central services. The capital of the fund shall not exceed $1,000,000 and shall consist of the amount of the fair and reasonable value of such supply inventories, equipment, and other assets and inventories on order, pertaining to the services to be carried on by the fund, as the Secretary of the Treasury may transfer to the fund, less the related liabilities and unpaid obligations, together with any appropriations made for the purpose of providing capital. The fund shall be reimbursed, or credited with advance payments, from applicable appropriations and funds of the Department of the Treasury, other Federal agencies, and other sources authorized by law, for supplies and services at rates which will recover the expense of operations, including accrual of annual leave and depreciation of plant and equipment of the fund. The fund shall also be credited with other receipts from sale or exchange of property or in payment for loss or damage to property held by the fund. There shall be transferred into the Treasury as miscellaneous receipts, as of the close of each fiscal year, earnings which the Secretary of the Treasury determines to be excess to the needs of the fund. There are hereby authorized to be appropriated such amounts as may be necessary to provide capital for the fund. TITLE V—CARRY FOR W A R D I N C O M P U T I N G MINIMUM T A X ON T A X P R E F E R E N C E S

83 Stat. 580.

78^'stat^79^'^^'

76 Stat. 962.

SEC. 501. 7-YEAR CARRY FORWARD. (a) IN GENERAL.—Section 56 (relating to imposition of minimum tax for tax preferences) is amended— (1) by striking out paragraph (2) of subsection (a) and inserting in lieu thereof the following: "(2) the sum of— " (A) the taxes imposed by this chapter for the taxable year (computed without regard to this part and without regard to the taxes imposed by sections 531 and 541) reduced by the sum of the credits allowable under— " (i) section 33 (relating to foreign tax credit), " (ii) section 37 (relating to retirement income), and "(iJi) section 38 (relating to investment Credit); and

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PUBLIC LAW 91-615-DEC. 31, 1970

" (B) the tax carry overs to the taxable year."; and (2) by adding at the end of such section the following new subsection: " (c) TAX CARRY OVERS.—If for any taxable year—

"(1) the taxes imposed by this chapter (computed without regard to this part and without regard to the taxes imposed by sections 531 and 541) reduced by the sum of the credits allowable under— " (A) section 33 (relating to foreign tax credit), " (B) section 37 (relating to retirement income), and " (C) section 38 (relating to investment credit), exceed "(2) the sum of the items of tax preference in excess of $30,000, then the excess of the taxes described in paragraph (1) over the sum described in paragraph (2) shall be a tax carry over to each of the 7 taxable years following such year. The entire amount of the excess for a taxable year shall be carried to the first of such 7 taxable years, and then to each of the other such taxable years to the extent that such excess is not used to reduce the amount subject to tax under subsection (a) for a prior taxable year to which excess may be carried." (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall apply to taxable years ending after December 31, 1969. I n the case of a taxable year beginning in 1969 and ending in 1970, the excess referred to in section 56(c) of the Internal Revenue Code of 1954 (as added by subsection (a)) shall be an amount equal to the excess determined under such section (without regard to the sentence) multiplied by a fraction— (1) the numerator of which is the number of days in the taxable year occuring after December 31, 1969, and (2) the denominator of which is the number of days in the entire taxable year. Approved December 31, 1970.

68A Stat. 179. 78 Stat. 79. 26 USC 5 3 1, 5 4 1.

76 Stat. 96 2.

Public Law 91-615 AN ACT To amend the Tariff Schedules of the United States to provide that imported articles which are exported and thereafter reimported to the United States for failure to meet sample or specifieations shall, in certain instances, be entered free of duty upon such reimportation. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That schedule 8, part 1, subpart A of the Tariff Schedules of the United States (19 U.S.C. 1202) is amended by inserting after item 801.00 the following new item: 801.10

Articles, previously imported, with respect to which the duty was paid upon such previous importation if (1) exported within three years after the date of such previous importation, (2) reimported without having been advanced in value or impio/ed in condition by any process of manufacture or other means while abroad, (3) reimported for the reason that such articles do not conform to sample or specifications, and (4) reimported by or for the account of the person who imported them into, and exported them from, the United States

Free

Free

SEC. 2. The amendment made by the first section of this Act shall apply wnll respect to articles entered, or withdrawn from warehouse, for consumption on or after the date of enactment of this Act and which had not previously been so entered or withdrawn before such date. Approved December 31, 1970.

December 31, 1970 [H. R. 9183]

Reimported articles. Duty free entry. 77A Stat. 405.,

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PUBLIC LAW 91-616-DEC. 31, 1970

[84 STAT.

Public Law 91-616 December 31, 1970

[s. 3835]

Comprehensive

AN ACT

TQ provide a couipreliensive Federal program for the prevention and treatment of alcohol abuse and alcoholism.

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

Alcohol Abuse and Alcoholism P r e vention, Treatment, and Rehabilitation

Act of 1970.

•'

^

of the

'

SHORT

TITLE

1. This Act may be cited as the "Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970". SECTION

TITLE I — N A T I O N A L INSTITUTE ON A L C O H O L A B U S E AND A L C O H O L I S M ESTABLISHMENT

Y ^*^''^°°^' 42 USC 26886. 58 Stat. 691; ^^42'u*sc'24*i.

OF THE INSTITUTE

SEC. 101. (a) There is established in the National Institute of Mental Health, the National Institute on Alcohol Abuse and Alcoholism (hereafter in this x^ct referred to as the "Institute") to administer the programs and authorities assigned to the Secretary of Health, Education, and Welfare (hereafter in this Act referred to as the "Secretary") by this Act and part C of the Community Mental Health (^enters Act. The Secretary, acting through the Institute, shall, in carrying out the purposes of section 301 of the Public Health Service Act with respect ^^ alcohol abuse and alcoholism, develop and conduct comprehensive health, education, training, research, and planning programs for the prevention and treatment of alcohol abuse and alcoholism and for the rehabilitation of alcohol abusers and alcoholics. (b) The Institute shall be under the direction of a Director who shall be appointed by the Secretary. REPORTS BY THE SECRETARY

Reports to P r e s i d e n t and

Congress.

SEC. 102. The Secretary shall— M\ ^yxhimt ail auiiual report to Congress which shall include a n

• j.-

_c ^.i

j.-

j. i

•

- i n

n j?

n

description 01 the actions taken, services provided, and funds expended under this Act and part C of the Community Mental Health Centers Act, an evaluation of the effectiveness of such actions, services, and expenditures of funds, and such other information as the Secretary considers appropriate; (2) submit to Congress on or before the expiration of the oneyear period beginning on the date of enactment of this Act a report (A) containing current information on the health consequences of using alcoholic beverages, and (B) containing such recommendations for legislation and administrative action as he may deem appropriate; (3) submit such additional reports as may be requested by the President of the United States or by Congress; and (4) submit to the President of the United States and to Congress such recommendations as will further the prevention, treatment, and control of alcohol abuse and alcoholism.

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TITLE II—AIX!OHOL A B U S E AND A L C O H O L I S M P R E V E N TION, TREATMENT, AND REHABILITATION PROGRAMS FOR FEDERAL CIVILIAN EMPLOYEES ALCOHOL ABUSE A N D ALCOHOLISM A M O N G FEDERAL C IV I L I A N E M P L O Y E E S

SEC. 201. (a) The Civil Service Commission shall be responsible for developing and maintaining, in cooperation with the Secretary and with other Federal agencies and departments, appropriate prevention, treatment, and rehabilitation programs and services for alcohol abuse and alcoholism among Federal civilian employees, consistent with the purposes of this Act. Such policies and services shall make optimal use of existing governmental facilities, services, and skills. (b) The Secretary, acting through the Institute, shall be responsible for fostering similar alcohol abuse and alcoholism prevention, treatment, and rehabilitation programs and services in State and local governments and in private industry. (c)(1) No person may be denied or deprived of Federal civilian employment or a Federal professional or other license or right solely on the ground of prior alcohol abuse or prior alcoholism. (2) This subsection shall not apply to employment (A) in the Central Intelligence Agency, the Federal Bureau of Investigation, the National Security Agency, or any other department or agency of the Federal Government designated for purposes of national security by the President, or (B) in any position in any department or agency of the Federal Government, not referred to in clause (A), which position is determined pursuant to regulations prescribed by the head of such agency or department to be a sensitive position. (d) This title shall not be construed to prohibit the dismissal from employment of a Federal civilian employee who cannot properly function in his employment. TITLE III—FEDERAL ASSISTANCE FOR STATE AND LOCAL P R O G R A M S PART A—FORMULA GRANTS AUTHORIZATION

SEC. 301. There are authorized to be appropriated $40,000,000 for the fiscal year ending June 30, 1971, $60,000,000 for the fiscal year ending June 30, 1972, $80,000,000 for the fiscal year ending June 30, 1973, for grants to States to assist them in planning, establisning, maintaining, coordinating, and evaluating projects for the development of more effective prevention, treatment, and rehabilitation programs to deal with alcohol abuse and alcoholism. For purposes of this part, the term "State" includes the District of Columbia, the Virgin Islands, the Commonwealth of Puerto Rico, Guam, American Samoa, and the Trust Territory of the Pacific Islands, in addition to the fifty States. STATE

ALLOTMENT

SEC. 302. (a) For each fiscal year the Secretary shall, in accordance with regulations, allot the sums appropriated for such year pursuant to section 301 among the States on the basis of the relative population, financial need, and need for more effective prevention, treatment, and rehabilitation of alcohol abuse and alcoholism; except that no such allotment to any State (other than the Virgin Islands, American Samoa, Guam, and the Trust Territory of the Pacific Islands) for any fiscal year shall be less than $200,000.

Appropriation.

"state.»'

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[84 STAT.

(b) Any amount so allotted to a State (other than the Virgin Islands, American Samoa, Guam, and the Trust Territory of the Pacific Islands) and remaining unobligated at the end of such year shall remain available to such State, for the purposes for which made, for the next fiscal year (and for such year only), and any such amount shall be in addition to the amounts allotted to such State for such purpose for such next fiscal year; except that any such amount, remaining unobligated at the end of the sixth month following the end of such year for which it was allotted, which the Secretary determines will remain unobligated by the close of such next fiscal year, may be reallotted by the Secretary, to be available for the purposes for which made until the close of such next fiscal year, to other States which have need therefor, on such basis as the Secretary deems equitable and consistent with the purposes of this part, and any amount so reallotted to a State shall be in addition to the amounts allotted and available to the States for the same period. Any amount allotted under subsection (a) to the Virgin Islands, American Samoa, Guam, or the Trust Territory of the Pacific Islands for a fiscal year and remaining unobligated at the end of such year shall remain available to it, for the purposes for which made, for the next two fiscal years (and for such years only), and any such amount shall be in addition to the amounts allotted to it for such purpose for each of such next two fiscal years; except that any such amount, remaining unobligated at the end of the first of such next two years, which the Secretary determines will remain unobligated at the close of the second of such next two years, may be reallotted by the Secretary, to be available for the purposes for which made until the close of the second of such next two years, to any other of such four States which have need therefor, on such basis as the Secretary deems equitable and consistent with the purposes of this part, and any amount so reallotted to a State shall be in addition to the amounts allotted and available to the State for the same period. (c) At the request of any State, a portion of any allotment or allotments of such State under this part shall be available to pay that portion of the expenditures found necessary by the Secretary for the proper and efficient administration during such year of the State plan approved under this part, except that not more than 10 per centum of the total of the allotments of such State for a year, or $50,000, whichever is the least, shall be available for such purpose for such year. STATE P L A N S

SEC. 303. (a) Any State desiring to participate in this part shall submit a State plan* for carrying out its purposes. Such plan must— (1) designate a single State agency as the sole agency for the administration of the plan, or designate such agency as the sole agency for supervising the administration of the plan; (2) contain satisfactory evidence that the State agency designated in accordance with paragraph (1) (hereafter in this section referred to as the "State agency") will have authority to carry out such plan in conformity with this part; (8) provide for the designation of a State advisory council which shall include representatives of nongovernmental organizations or groups, and of public agencies concerned with the prevention and treatment of alcohol abuse and alcoholism, to consult with the State agency in carrying out the plan; (4) set forth, in accordance with criteria established by the Secretary, a survey of need for the prevention and treatment of alcohol abuse and alcoholism, including a survey of the health

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1851

facilities needed to provide services for alcohol abuse and alcoholism and a plan for the development and distribution of such facilities and programs throughout the State; (5) provide such methods of administration of the State plan, including methods relating to the establishment and maintenance of personnel standards on a merit basis (except that the Secretary shall exercise no authority with respect to the selection, tenure of office, or compensation of any individual employed in accordance with such methods), as are fomid by the Secretary to be necessary for the proper and efficient operation of the plan; (6) provide that the State agency will make such reports, in such form and containing such infornuition, as the Secretary may from time to time reasonably require, and will keep such records and att'ord such access thereto as the Secretary may find necessary to assure the correctness and verification of such reports; (7) provide that the Comptroller General of the United States or his duly authorized representatives shall have access for the purpose of audit and examination to the records specified in paragraph (6); (8) provide that the State agency will from time to time, but not less often than annually, review its State plan and submit to the Secretary any modifications thereof which it considers necessary: (9) provide reasonable assurance that Federal funds made available under this part for any period will be so used as to supplement and increase, to the extent feasible and practical, the level of State, local, and other non-Federal funds that would in the absence of such Federal funds be made available for the programs described in this part, and will in no event supplant such State, local, and other non-Federal funds; and (10) contain such additional information and assurance as the Secretary may find necessary to carry out the provisions and purposes of this part. (b) The Secretary shall approve any State plan and any modifica- ^*^'* P^^"^' tion thereof which complies with the provisions of subsection (a). ^pp'o^ai. PART B — P R O J E C T GRANTS AXD CONTRACTS ORAXTS AND CONTRACT^ FOR THE PREVEXTIOX AXD TREATMENT OF ALCOHOL ABUSE AXD ALCOHOLISM

S E C 311. Section 247 of part C of the Community Mental Health O u t e r s Act is amended to read as follows: " U R A X T S AXD CONTRACTS FOR THE r R E \ T. X ' n 0 X AXD T R E A T M E N T OF ALCOHOL ABUSE A N D ALCOHOLISM

"SEC. 247. (a) The Secretary, acting through the National Institute on Alcohol Abuse and Alcoholism, may make grants to public and private nonprofit agencies, organizations, and institutions and may enter into c(mtracts with public and private agencies, organizations, and institutions, and individuals— " (1) to conduct demonstration, service, and evaluation projects, " (2) to provide education and training, "(3) to provide programs and services in cooperation with schools, courts, penal institutions, and other public agencies, and "(4) to provide counseling and education activities on an individual or community basis.

^2 Stat. ioo9; Ante, p. 5 9. 42 USC 2688J-2.

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Applications.

F iling.

Approval, criteria.

Appropriation.

PUBLIC LAW 91-616-DEC. 31, 1970

[84 STAT.

for the prevention and treatment of alcohol abuse and alcoliolism and for the rehabilitation of alcohol abusers and alcoholics. "(b) Projects for which grants or contracts are made under this section shall, whenever possible, be community based, provide a comprehensive range of services, and be integrated with, and involve the active participation of, a wide range of public and nongovernmental agencies, organizations, institutions, and individuals. "(c)(1) In administering the provisions of this section, the Secretary shall require coordination of all applications for programs in a State. "(2) Each applicant from within a State, upon tiling its application with the Secretary for a grant or contract under this section, shall submit a copy of its application for review by the State agency designated under section 803 of the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970, if such agency exists. Such State agency shall be given not more than thirty days from the date of receipt of the application to submit to the Secretary, in writing, an evaluation of the project set forth in the application. Such evaluation shall include comments on the relationship of the project to other projects pending and approved and to the State comprehensive plan for treatment and prevention of alcohol abuse and alcoholism under such section 303. The State shall furnish the applicant a copy of any such evaluation. "(3) Approval of any application for a grant or contract by the Secretary, including the earmarking of financial assistance for a program or project, may be pranted only if the application substantially meets a set of criteria established by the Secretary that.— " (A) provide that the activities and services for which assistance under this section is sought will be substantially administered by or under the supervision of the applicant; " (B) provide for such methods of administration as are necessary for the proper and efficient operation of such programs or projects; " (C) provide for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for Federal funds paid to the applicant; and " (D) provide reasonable assurance that Federal funds made available under this section for any period will be so used as to supplement and increase, to the extent feasible and practical, the level of State, local, and other non-Federal funds that would in the absence of such Federal funds be made available for the programs described in this section, and will in no event supplant such State, local, and other non-Federal funds. " (d) To carry out the purposes of this section, there are authorized to be appropriated $30,000,000 for the fiscal year ending June 30, 1971, $40,000,000 for the fiscal year ending June 30, 1972, and $50,000,000 for the fiscal year ending June 30, 1973." PART C—ADMISSIOX TO HOSPITALS ADMISSION

Noncompliance, Federal assistance, termination.

o r ALCOHOL ABUSERS A N D ALCOHOLICS PRIVATE A N D P U B L I C H O S P I T A L S

TO

SEC. 321. (a) Alcohol abusers and alcoholics shall be admitted to and treated in private and public general hospitals, which receive Federal funds for alcoholic treatment programs, on the basis of medical need and shall not be discriminated against solely because of their alcoholism. No hospital that violates this section shall receive Federal financial assistance under the provisions of this Act; except that the Secretary shall not terminate any such Federal assistance until the

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Rh done with them. And he condemned the pagan king to death. The Queen he only divorced, but of his inborn clemency spared her life, though she well deserved to lose it. The other King, having been honoured and enriched with costly presents, as was befitting, returned to his own kingdom.

Now, Arthur, you have learned what the heart, the nature, and the ways of women are. Have a care for yourself and see if you are any the wiser for it. Dismount now and eat, for we have both well deserved our meal, I for the tale I have told, and you for listening to it.

(23) Arthur. I will by no means dismount until you have answered the question I am about to ask you.

Gorlagon. What is that?

Arthur. Who is that woman sitting opposite you of a sad countenance, and holding before her in a dish a human head bespattered with blood, who has wept whenever you have smiled, and who has kissed the bloodstained head whenever you have kissed your wife during the telling of your tale?

Gorlagon. If this thing were known to me alone, Arthur (he replied), I would by no means tell it you; but as it is well known to all who are sitting at table with me, I am not ashamed that you also should be made acquainted with it. That woman who is sitting opposite me, she it was who, as I have just told you, wrought so great a crime against her lord, that is to say against myself. In me you may recognise that wolf who, as you have heard, was transformed first from a man into a wolf, and then from a wolf into a man again. When I became a wolf it is evident that the kingdom to which I first went was that of my middle brother, King Gorleil. And the King who took such great pains to care for me you can have no doubt was my youngest brother, King Gargol, to whom you came in the first instance. And the bloodstained head which that woman sitting opposite me embraces in the dish


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PUBLIC LAW 91-616-DEC. 31, 1970

1853

Secretary has advised the appropriate person or persons of the failure to comply with this section, and has provided an opportunity for Hearing oppotcorrection or a hearing. tunuy. (b) Any action taken by the Secretary pursuant to this section shall Judicial reviev. be subject to such judicial review as is provided by section 404 of the Community Mental Health Centers Act. ^^2 USC 2694 PART D — GENERAL (COMPREHENSIVE STATE HEALTH PLANS

SEC. 831. Section 314(d)(2) of the Public Health Service Act is amended— (1) by striking out "and" at the end of subparagraph (J); (2) by striking out the period at the end of subparagraph (K) and inserting in lieu thereof "; and"; and (3) by adding after subparagraph (K) the following new subparagraph: " (L) provide for services for the prevention and treatment of alcohol abvise and alcoholism, commensurate with the extent of the problem."

Ante, v. 1241.

SPECIALIZED F A C I L I T I E S

SEC. 332. Section 243(a) of the Community Mental Health Centers Act is amended (1) by inserting "or leasing" after "construction", and (2) by inserting "facilities for emergency medical services, intermediate care services, or outpatient services, and" immediately before "post-hospitalization treatment facilities".

82 Stat. 1008. 42 USC 268811.

C O N F I D E N T I A L I T Y OF RECORDS

SEC. 333. The Secretary may authorize persons engaged in research t,fatmTT^ ^^' on, or treatment with respect to, alcohol abuse and alcoholism to pro- tionsT*" ^°^ tect the privacy of individuals who are the subject of such research or treatment by withholding from all persons not connected with the conduct of such research or treatment the names or other identifying characteristics of such individuals. Persons so authorized to protect the privacy of such individuals may not be compelled in any Federal, State, or local civil, criminal, administrative, legislative, or other proceeding to indentify such individuals.

TITLE IV—THE NATIONAL ADVISORY COUNCIL ON ALCOHOL ABUSE AND ALCOHOLISM ESTABLISHMENT OF COUNCIL

SEC. 401. (a) Section 217(a) of the Public Health Service Act is amended(1) in the first sentence thereof, by inserting "the National Advisory Council on Alcohol Abuse and Alcoholism," immediately after "the National Advisory Mental Health Council,"; (2) in the second sentence thereof, by (A) inserting "the National Advisory Council on Alcoholic Abuse and Alcoholism," immediately after "the National Advisory Mental Health Council,", and (B) inserting "alcohol abuse and alcoholism," immediately after "psychiatric disorders,"; and (3) in the fourth sentence, (A) by inserting "(other than the members of the National Advisory Council on Alcohol Abuse and Alcoholism)" after "the terms of the members"; (B) by striking

64 Stat. 446. 42 USC 218.

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64 Stat. 446. 42 USC 218.

58 Stat. 709; 60 Stat. 4 2 5. 42 USC 219.

[84 STAT.

out "and" before " (2) *-; and (C) by striking out the period at the end and inserting a semicolon and "and (3) the terms of the members of the National Council on Alcohol Abuse and Alcoholism first taking office after the date of enactment of this clause, shall expire as follows: Three shall expire four years after such date, three shall expire three years after such date, three shall expire two years after such date, and three shall expire one year after such date, as designated by the Secretary at the time of appointment."' (b) Section 217(b) of such Act is amended, in the second sentence thereof, by inserting "alcohol abuse and alcoholism," immediately after "mental health,". (c) Section 217 of such Act is further amended by adding at the end thereof the following new subsection: " (d) The National Advisory Council on Alcohol Abuse and Alcoholism shall ac^ise, consult with, and make recommendations to, the Secretary on matters relating to the activities and functions of the Secretary in the field of alcohol abuse and alcoholism. The Council is authorized (1) to review research projects or programs submitted to or initiated by it in the field of alcohol abuse and alcoholism and recommend to the Secretary any such projects which it believes show promise of making valuable contributions to human knowledge with respect to the cause, prevention, or methods of diagnosis and treatment of alcohol abuse and alcoholism, and (2) to collect information as to studies being carried on in the field of alcohol abuse and alcoholism and, with the approval of the Secretary, make available such information through appropriate publications for the benefit of health and welfare agencies or organizations (public or private) or physicians or any other scientists, and for the information of the general public. The Council is also authorized to recommend to the Secretary, for acceptance pursuant to section 501 of this Act, conditional gifts for work in the field of alcohol abuse and alcoholism; and the Secretary shall recommend acceptance of any such gifts only after consultation with the Council." APPROVAL BY COUXCIL OF CERTAIN GRANTS U N D E R PART C OF COMMUNITY M E N T A L H E A L T H CENTERS ACT

Ante,

p. 62.

SEC. 402. Section 266 of the Community Mental Health Centers Act is amended (1) by inserting " (other than part C thereof)" immediately after "this title", and (2) by adding immediately after the period the following: "Grants under part C of this title for such costs may be made only upon recommendation of the National Advisory Council on Alcohol Abuse and Alcoholism established by such section." TITLE V—GENERAL

Separability.

Recordkeeping.

SEC. 501. If any section, provision, or term of this Act is adjudged invalid for any reason, such judgment shall not affect, impair, or invalidate any other section, provision, or term of this Act, and the remaining sections, provisions, and terms shall be and remain in full force and effect. SEC. 502. (a) Each recipient of assistance under this Act pursuant to grants or contracts entered into under other than competitive bidding procedT^res shall keep such records as the Secretary shall prescribe, including records which fully disclose the amount and dis]:)Osition by such recipient of the proceeds of such grant or contract, the total cost of the project or undertaking in connection with which

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PUBLIC LAW 91-618-DEC. 31, 1970

such grant or contract is given or used, and the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. (b) The Secretary and 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 such recipients that are pertinent to the grants or contracts entered into under the provisions of this Act under other than competitive bidding procedures. SEC. 503. Payments under this Act may be made in advance or by way of reimbursement and in such installments as the Secretary may determine. Approved December 31, 1970.

1855

Records, acces sibility.

Payments.

Public Law 91-617 AN ACT December 31, 1970 To provide that the interest ou certain insured loans sold out of the Agricultural [H. R. 15979] Credit Insurance Fund shall be included in gross income.

Be it enacted by the Senate and House of Represeiitatives of the United States of Amelia in Cmigress assembled, That (a) section 306(a)(1) of the Consolidated Farmers Home Administration Act of 1961, as amended (7 U.S.C. 1926(a)(1)), is amended by adding at the end thereof the following new sentence: "When any loan made for a purpose specified in this paragraph is sold out of the Agricultural Credit Insurance Fund as an insured loan, the interest or other income thereon paid to an insured holder shall be included in gross income for purposes of chapter 1 of the Internal Revenue Code of 1954." (b) The amendment made by subsection (a) shall apply to the insured loans sold out of the Agricultural Credit Insurance F u n d after the date of the enactment of this Act. Approved December 31, 1970.

Agricultural Credit Insurance Fund. Insured loans, interest; tax treatment. 79 Stat. 9 31.

68A Stat. 3; 83 Stat. 678. 26 USC 1. Effective date.

Public Law 91-618 AN ACT December 31, 1970 To amend the Internal Revenue Code of 1954 to clarify the applicability of the [H. R. lesoe] exemption from income taxation of cemetery corporations.

Be it enacted by the Senate and House of Representatives of the Vnited States of America in Congress assemmed, That paragraph (13) of section 501(c) of the Internal Revenue Code of 1954 (relating to exempt organizations) is amended to read as follows: " (13) Cemetery companies owned and operated exclusively for the benefit of their members or which are not operated for profit; and any corporation chartered solely for the purpose of the disposal of bodies by burial or cremation which is not permitted by its charter to engage in any business not necessarily incident to that purpose and no part of the net earnings of which inures to the benefit of any private shareholder or individual." SEC. 2. The amendment made by the first section of this Act shall apply to taxable years ending after the date of enactment of this Act. Approved December 31, 1970.

Cemetery corjaorations. Income tax ex^ emption. 68A Stat. 164. 26 USC 50 1.

Effective date.

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 1856

PUBLIC LAW 91^19-DEC. 31, 1970

[84 STAT.

Public Law 91-619 December 31, X970

AN A P x /^i> /^.v> T

[H.R. 17867]

Making appropriations for Foreign Assistance and related programs for the fiscal year ending June 30, W71, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the following progrrmlAKsKT-" sums are appropriated, out of any money in the Treasury not otherpriation Act, 1971. wisc appropriated, for Foreign Assistance and related programs for the fiscal year ending June 30, 1971, and for other purposes, namely: Foreign Assistance and Related

TITLE I—FOREIGN ASSISTANCE ACT ACT IV I T I E S FUNDS APPROPRIATED TO THE PRESIDENT

75 stau 424.

22 USC 2151 note.

For expenses necessary to enable the President to carry out the provisions of the Foreign Assistance Act of 1961, as amended, and for other purposes, to remain available until June 30, 19 <1, unless otherwise specified herein, as follows: ECONOMIC A S S I S T A N C E

Technical assistance: For necessary expenses as authorized by law, $353,435,000, distributed as follows: 83 st^«^-sjs^^ (1) World-wide, $166,750,000 (section 212); 22 USC 2212*. (2) Alliance for Progress, $82,875,000 (section 2 5 2 (a)); and 22 USC 2222. (3) Multilateral organizations, $103,810,000 (section 302(a)), of which not less than $13,000,000 shall be available only for the United Nations Children's F u n d: Provided., That no part of this appropriation shall be used to initiate any project or activity which has not been justified to the Congress, except projects or activities relating to the reduction of population growth. American schools and hospitals abroad: For expenses authorized by 22 USC 2174. section 214(c), $12,895,000, and the payments due in 1971 and 1972 on loans made for the benefit of the Weizmann Institute of Science and the Bar Ilan University by the Agency for International Development from funds available under title I of the Agricultural Trade Development and Assistance Act of 1954, as amended (Public Law 80 Stat. 15 26 480), are hereby waived. 7 USC 1701. Indus Basin Development Fund, grants: For expenses authorized 8 3 Stat. 8 19. by section 302(b)(2), $4,925,000. 22 USC 2222. Indus Basin Development Fund, loans: For expenses authorized 81 Stat. 454; by section 302(b)(1), $6,980,000, to remain available until expended. !3 Stat. 819. United Nations Relief and Works Agency (Arab refugees): For expenses authorized by section 302(e), $1,000,000. 22 USC 2242. Supporting assistance: For expenses authorized by section 402, $414,600,000: Provided. That no part of this appropriation shall be used to initiate any project or activity which has not been justified to the Congress. 22 USC 2261. Contingency fund: For expenses authorized by section 451(a), $15,000,000. Alliance for Progress, development loans: For expenses authorized 22 USC 2212. by section 252(a), $287,500,000, together with such amounts as are 22 USC 2163. authorized to be made available under section 203, all such amounts to remain available until expended.

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PUBLIC LAW 91-619-DEC. 31, 1970

Development loans: For expenses authorized by section 202(a), $420,000,000, together with such amounts as are authorized to be made available under section 203, all such amounts to remain available until expended. Administrative expenses: For expenses authorized by section 637 (a), $51,000,000. Administrative and other expenses: For expenses authorized by section 637(b) of the Foreign Assistance Act of 1961, as amended, and by section 305 of the Mutual Defense Assistance Control Act of 1951, as amended, $4,100,000. Unobligated balances as of June 30, 1970, of funds heretofore made available under the authority of the Foreign Assistance Act of 1961, as amended, except as otherwise provided by law, are hereby continued available for the fiscal year 1971, for the same general purposes for which appropriated and amounts certified pursuant to section 1311 of the Supplemental Appropriation Act, 1955, as having been obligated against appropriations heretofore made under the authority of the Foreign Assistance Act of 1961, as amended, for the same general purpose as any of the subparagraphs under "Economic Assistance", are hereby continued available for the same period as the respective appropriations in such subparagraphs for any of the same general purposes: Provided, That such purpose relates to a project or program previously justified to Congress and the Committees on Appropriations of the House of Representatives and the Senate are notified prior to the reobligation of funds for such projects or programs.

1857 22 USC 216^2 ^^ ^^^ ^^^^' 22 USC 2397. 75 Stat. 460. 22 USC 1613d.

75 Stat. 424.

note.

^^^

^s Stat. 830; ^^3fuse^2oo.

com'J^utlef°no1i. fication.

OVERSEAS PRIVATE INVESTMENT CORPORATION

The Overseas Private Investment Corporation is authorized to make such expenditures within the limits of funds available to it and in accordance with law (including not to exceed $10,000 for entertainment allowances), and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 849), as may be necessary in carrying out the program set forth in the budget for the current fiscal year. Overseas Private Investment Corporation, capital: For expenses authorized by section 232, such amounts as are authorized to be made available under said section. Overseas Private Investment Corporation, reserves: For expenses authorized by section 235(f), $18,750,000, to remain available until expended. SOCIAL DEVELOPMENT ASSISTANCE INTER-AMERICAN SOCIAL DEVELOPMENT INSTITUTE

The Inter-American Social Development Institute is authorized to make such expenditures within the limits of funds available to it and in accordance with the law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 849), as may be necessary in carrying out its authorized programs during the current fiscal year: Provided, That not to exceed $10,000,000 shall be available to carry out the authorized programs during the current fiscal year.

^^ ^*^** ^^'** ^3 Stat. sio. ^ ^ ^^^ ^ ^^ ^' 22 USC 2195.

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PUBLIC LAW 91^19-DEC. 31, 1970

[84

STAT.

MILITARY ASSISTANCE 80 Stat. 802; 8 3 Stat. 819. 22 USC 2312.

Military assistance: For expenses authorized by section 504(a) of the Foreign Assistance Act of 1961, as amended, including administrative expenses and purchase of passenger motor vehicles for replacement only for use outside of the United States, $350,000,000: Provided, That none of the funds contained in this {paragraph shall be available for the purchase of new automotive vehicles outside of the United States. GENERAL PROVISIONS

Flood control and related projects.

SEC. 101. None of the funds herein appropriated (other than funds appropriated for "Technical Assistance, Multilateral Organizations" and "Indus Basin Development Fund") shall be used to finance the construction of any new flood control, reclamation, or other water or related land resource project or program which has not met the standards and criteria used in determining the feasibility of flood control, reclamation, and other water and related land resource programs and projects proposed for construction within the United States of America as per memorandum of the President dated May 15, 1962. SEC. 102. Obligations made from funds herein appropriated for engineering and architectural fees and services to any individual or group of engineering and architectural firms on any one project in excess of $25,000 shall be reported to the Senate and House of Representatives at least twice annually. SEC. 103..Except for the appropriations entitled "Contingency fund", "Alliance for Progress, development loans", and "Development loans", not more than 20 per centum of any appropriation item made available by this title shall be obligated and/or reserved during the last month of availability. SEC. 104. None of the funds herein appropriated nor any of the counterpart funds generated as a result of assistance hereunder or any prior Act shall be used to pay pensions, annuities, retirement pay, or adjusted service compensation for any persons heretofore or hereafter serving in the armed forces of any recipient country. SEC. 105. None of the funds appropriated or made available pursuant to this Act for carrying out the Foreign Assistance Act of 1961, as amended, may be used for making payments on any contract for procurement to which the United States is a party entered into after the date of enactment of this Act which does not contain a provision authorizing the termination of such contract for the convenience of the United States. SEC. 106. None of the funds appropriated or made available under this Act for carrying out the Foreign Assistance Act of 1961, as amended, may be used to make payments with respect to any capital project financed by loans or grants from the United States where the United States has not directly approved the terms of the contracts and the firms to provide engineering, procurement, and construction services on such projects. SEC. 107. Of the funds appropriated or made available pursuant to this Act not more than $9,000,000 may be used during the fiscal year ending June 30, 1971, in carrying out research under section 241 of the Foreign Assistance Act of 1961, as amended. SEC. 108. None of the funds appropriated or made available pursuant to this Act for carrying out the Foreign Assistance Act of 1961, as amended, may be used to pay in whole or in part any assessments, arrearages, or dues of any member of the United Nations.

Reports to Congress.

Funds, restrictions.

Military personnel, recipient countries, payment prohibition.

Contracts, termination provision. 75 Stat. 424. 22 USC 2151 note.

75 Stat. 433; 77 Stat. 382. 22 USC 2201.

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PUBLIC LAW 91-619_DEC. 31, 1970

SEC. 109. None of the funds made available by this Act for carrying out the Foreign Assistance Act of 1961, as amended, may be obligated for financing, in whole or in part, the direct costs of any contract for the construction of facilities and installations in any underdeveloped country, unless the President shall have promulgated regulations designed to assure, to the maximum extent consistent with the national interest and the avoidance of excessive costs to the United States, that none of the funds made available by this Act and thereafter obligated shall be used to finance the direct costs under such contracts for construction work performed by persons other than qualified nationals of the recipient country or qualified citizens of the United States: Provided, however, That the President may waive the application of this amendment if it is important to the national interest. SEC. 110. None of the funds appropriated or made available pursuant to this Act for carrying out the Foreign Assistance Act of 1961, as amended, may be used to finance the procurement of iron and steel products for use in Vietnam containing any component acquired by the producer of the commodity, in the form in which imported into the country of production, from sources other than the United States or a country designated as a limited free world country by code number 901 in the July 1968 Geographic Code Book compiled by the Agency for International Development, and at a total cost (delivered to the point of production) that amounts to more than 10 per centum of the lowest price (excluding the cost of ocean transportation and marine insurance) at which the supplier makes the commodity available for export sale (whether or not financed by the Agency for International Development). SEC. 111. None of the funds contained in Title I of this Act may be used to carry out the provisions of sections 205 and 251(h) of the Foreign Assistance Act of 1961, as amended.

1859 ^J^°2^^^?^^°^ '" countries! °^^'^ 's stat 424. note.^^^ ^^^^

waiver. Vietnam, iron ^""^ "*^^^ products.

Restriction. 799°,^*^^ ^^'^' 22 USC 2165,

TITLE II—FOREIGN MILITARY CREDIT SALES

'''^•

FOREIGN MILITARY CREDIT SALES

For expenses not otherwise provided for, necessary to enable the President to carry out the provisions of the Foreign Military Sales Act, $200,000,000: Provided, however, That none of these funds may |2^^SC*27M°" be obligated or expended until an authorization shall have been note. enacted into law. TITLE III—FOREIGN ASSISTANCE (OTHER) PEACE CORPS SALARIES AND EXPENSES

For expenses necessary to enable the President to carry out the provisions of the Peace Corps Act (75 Stat. 612), as amended, includ- ^^ use 2501 ing purchase of not to exceed five passenger motor vehicles for use note. outside the United States, $90,000,000, of which $30,000,000 shall be available for administrative expenses. DEPARTMENT OF THE ARMY—CIVIL FUNCTIONS RYUKYU ISLANDS, ARMY, ADMINISTRATION

For expenses, not otherwise provided for, necessary to meet the responsibilities and obligations of the United States in connection with the government of the Ryukyu Islands, as authorized by the Act of July 12, 1960 (74 Stat. 461), as amended (81 Stat. 363); serv-

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PUBLIC LAW 91-619-DEC. 31, 1970

[84 STAT.

80 Stat. 416.

ices as authorized by 5 U.S.C. 3109, of individuals not to exceed 10 in number; not to exceed $4,000 for contingencies for the High Commissioner, to be expended in his discretion; hire of passenger motor vehicles and aircraft; purchase of two passenger motor vehicles for replacement only; and construction, repair, and maintenance of buildings, utilities, facilities, and appurtenances, $6,476,000, of which not to exceed $3,107,000, shall be available for administrative and information expenses: Provided, That expenditures, from this appropriation may be made outside the continental United States when necessary to carry out its purposes, without regard to sections 355 and 31 USC 5 29* '^^^' ^®v^-^<^ Statutes, as amended, section 4774(d) of title 10, United 70A Stat. 269. States Code, civil service or classification laws, or provisions of law prohibiting payment of any person not a citizen of the United States: Provided further. That funds appropriated hereunder may be used, insofar as practicable, and under such rules and regulations as may be prescribed by the Secretary of the Army to pay ocean transportation charges from United States ports, including territorial ports, to ports in the Ryukyus for the movement of supplies donated to, or purchased by. United States voluntary nonprofit relief agencies registered with and recommended by the Advisory Committee on Voluntary Foreign Aid or of relief packages consigned to individuals residing in such areas: Provided further, That the President may transfer to any other department or agency any function or functions provided for under this appropriation, and there shall be transferred to any such department or agency, without reimbursement and without regard to the appropriation from which procured, such property as the Director of the Bureau of the Budget shall determine to relate primarily to any function or functions so transferred: Provided further, That reimbursement shall be made to the applicable military appropriation for the pay and allowances of any military personnel performing services primarily for the purposes of this appropriation. DEPARTMENT or HEALTH, EDUCATION, AND WELFARE ASSISTANCE TO REFUGEES I N THE UNITED STATES

76 v.^^ 121. Stat. ^. u s e.v.^. 22 2601

note."""' """^

For expenses necessary to carry out the provisions of the Migration ^^^ Refugee Assistance Act of 1962 (Public Law 87-510), relating to aid to refugees within the United States, including hire of passenger motor vehicles, and services as authorized by section 3109 of title 5 United States Code, $112,000,000: Provided, That funds from this appropriation shall be used to reimburse the Secretary of State to cover the costs incurred by the Department of State in connection with the movement of refugees from Cuba to the United States. DEPARTMENT OF STATE MIGRATION AND REFUGEE ASSISTANCE

60 Stat. 999. 80 Stat. 510.

For expenses, not otherwise provided for, necessary to enable the Secretary of State to provide, as authorized by law, a contribution to the International Committee of the Red Cross and assistance to refugees, including contributions to the Intergovernmental Committee for European Migration and the United Nations High Commissioner for Refugees; salaries and expenses of personnel and dependents as authorized by the Foreign Service Act of 1946, as amended (22 U.S.C. 801-1158); allowances as authorized by 5 U.S.C. 5921-5925; hire of passenger motor vehicles; and services as authorized by 5 U.S.C. 3109; $5,649,000, of which not to exceed $5,014,000 shall remain available

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1861

until December 31, 1971: Provided, That no funds herein appropriated shall be used to assist directly in the migration to any nation in the Western Hemisphere of any person not having a security clearance based on reasonable standards to insure against Communist infiltration in the Western Hemisphere. F U N D S APPROPRIATED TO THE PRESIDENT INTERNATIONAL FINANCIAL INSTITUTIONS ASIAN DEVELOPMENT BANK

For payment of the fifth installment subscription on paid-in capital stock to the Asian Development Bank, $20,000,000, to remain available until expended. SUBSCRIPTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION

For payment of the third installment of the United States share of the 1969-1971 increase in the resources of the International Development Association, $160,000,000, to remain available until expended. INTERNATIONAL MONETARY F U N D INCREASE I N QUOTA, INTERNATIONAL MONETARY FUND

To finance an increase in the quota of the United States in the International Monetary Fund, $1,540,000,000 to remain available until expended. TITLE IV—EXPORT-IMPORT BANK OF THE UNITED STATES The Export-Import Bank of the United States is hereby authorized to make such expenditures within the limits of funds and borrowing authority available to such corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out the program set forth in the budget for the current fiscal year for such corporation, except as hereinafter provided.

^] f^^^' ^f^'

31 USC °^" "°'" 849.

LIMITATION ON PROGRAM ACTIVITY

Not to exceed $4,075,483,000 (of which not to exceed $2,775,000,000 shall be for equipment and services loans) shall be authorized during the current fiscal year for other than administrative expenses. LIMITATION ON ADMINISTRATIVE EXPENSES

Not to exceed $6,613,000 (to be computed on an accrual basis) shall be available during the current fiscal year for administrative expenses, including hire of passenger motor vehicles, services as authorized by 5 U.S.C. 3109, and not to exceed $12,000 for entertainment allowances for members of the Board of Directors: Provided, That (1) fees or dues to international organizations of credit institutions engaged in financing foreign trade, (2) necessary expenses (including special services performed on a contract or fee basis, but not including other personal services) in connection with the acquisition, operation, maintenance, improvement, or disposition of any real or personal property belonging to the Bank or in which it has an interest, including expenses

^o Stat. 4i6.

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PUBLIC LAW 91-620-DEC. 31, 1970

[84 STAT.

of collections of pledged collateral, or the investigation or appraisal of any property in respect to which an application for a loan has been made, and (3) expenses (other than internal expenses of the Bank) incurred in connection with the issuance and servicing of guarantees, insurance, and reinsurance, shall be considered as nonadministrative expenses for the purposes hereof. TITLE Y—GENERAL PROVISIONS Publicity or propaganda. Inspector General, Foreign Assistance.

Fiscal year limitation. Short title.

SEC. 501. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes within the United States not heretofore authorized by the Congress. SEC. 502. No part of any appropriation contained in this Act shall be used for expenses of the Inspector General, Foreign Assistance, after the expiration of the thirty-five day period which begins on the date thie General Accounting Office or any committee of the Congress, or any duly authorized subcommittee thereof, charged with considering foreign assistance legislation, appropriations, or expenditures, has delivered to the Office of the Inspector General, Foreign Assistance, a written request that it be furnished any document, paper, communication, audit, review, finding, recommendation, report, or other material in the custody or control of the Inspector General, Foreign Assistance, relating to any review, inspection, or audit arranged for, directed, or conducted by him, unless and until there has been furnished to the General Accounting Office or to such committee or subcommittee, as the case may be, (A) the document, paper, communication, audit, review, finding, recommendation, report, or other material so requested or (B) a certification by the President, personally, that he has forbidden the furnishing thereof pursuant to such request and his reason for so doing. SEC. 503. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. This Act may be cited as the "Foreign Assistance and Related Programs Appropriation Act, 1971." Approved December 31, 1970.

Public Law 91-620 AN ACT December 31, 19 70

[H. R. 11547]

Consolidated Farmers Home Administration Act of 1961, amendment. 75 Stat. 308. 7 USC 1925. 7 USC 19 22.

7 USC 1983.

To amend the Consolidated Farmers Home Administration Act of 1961, as amended, to increase the loan limitation on certain loans. Be it enacted by the Senate and House of Remesentatives of the United States of America in Congress assembled, That the Consolidated Farmers Home Administration Act of 1961, as amended, is further amended by changing the figure "$60,000" in section 305(a) to "$100,000". SEC. 2. Section 302 of the Act, as amended, is amended by inserting after the word "background" the phrase ", except with respect to veterans as defined in section 333(e), a farm background shall not be required as a condition precedent to obtaining any loan,". SEC. 3. Section 333(e) of the Act, as amended, is amended by deleting the word "or" following the word "nation" and inserting in lieu thereof a comma, and by inserting after the words "Korean conflict" the words "or the Vietnam era". Approved December 31, 1970.

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1863

Public Law 91-621 AN ACT To clarify the status and benefits of commissioned oflBcers of the National Oceanic and Atmospheric Administration, and for other purposes.

December 31, 1970 [H. R. 212]

Be it enacted by the Senate and House of Representatives of the National Oceanic United States of America in Congress assembled. SECTION 1. Definitions listed in section 101 of title 10, United States and Atmospheric Administration. Code, apply to this Act, except as noted below: Commissioned (1) "active duty" means full-time duty in the active service officers. 70A Stat. 3. of a uniformed service; Definitions. (2) "Administration" means the National Oceanic and Atmospheric Administration; (3) "grade" means a step or degree, in a graduated scale of office or rank, that is established and designated as a grade by law or regulation; (4) "officer" means a commissioned officer; (5) "Secretary" means the Secretary of Commerce; (6) "Secretary concerned" is defined in section 101 of title 37, 76 Stat. 4 5 1; United States Code; (7) "uniformed services" is defined in section 101 of title 37, 80 Stat. 1121. United States Code. SEC. 2. Each officer retired pursuant to any provision of law shall Retirement. be placed on the retired list with the highest grade satisfactorily held by him while on active duty including active duty pursuant to recall, under permanent or temporary appointment, and he shall receive retired pay based on such highest grade: Provided, That his performance of duty in such highest grade has been satisfactory, as determined by the Secretary of the department or departments under whose jurisdiction the officer served, and, unless retired for disability, his length of service in such highest grade is no less than that required by the Secretary of officers retiring under permanent appointment in that grade. SEC. 3. Active service of officers of the Administration shall be deemed to be active military service in the armed forces of the United States for the purposes of all rights, privileges, immunities, and benefits now or hereafter provided by— (1) laws administered by the Veterans' Administration; (2) laws administered by the Interstate Commerce Commission; and (3) the Soldiers' and Sailors' Civil Relief Act of 1940, as 54 Stat. 1178.. amended. 50 USC a p p. 5 0 1. I n the administration of these laws and regxilations, with respect to Secretary of the National Oceanic and Atmospheric Administration, the authority iCommerce, authorty. vested in the Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force and their respective departments shall be exercised by the Secretary of Commerce. SEC, 4. (a) Commissioned officers, ships' officers, and members of commissary crews of vessels of the Administration shall be permitted to purchase P"^^i^g«^' commissary and quartermaster supplies as far as available from the armed forces at the prices charged officers and enlisted men of those services.

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 1864

Widows, rights.

Separability.

72 Stat. 1106.

72 Stat. 1 2 3 1.

Effective date.

PUBLIC LAW 91-621-DEC. 31, 1970

[84 STAT.

(b) The Secretary may purchase ration supplies for messes, stores, uniforms, accouterments, and related equipment for sale aboard ship and shore stations of the Administration to members of the uniformed services and to personnel assigned to such ships or shore stations. Sales shall be in accordance with regulations prescribed by the Secretary, and proceeds therefrom shall, as far as is practicable, fuU^ reimburse the appropriations charged without regard to fiscal year. ^^^ Rights extended to members of the uniformed services in this section are extended to their widows and to such others as are designated by the Secretary concerned. SEC. 5. (a) All statutes that applied to commissioned officers of the Coast and Geodetic Survey on July 12, 1965, shall apply to officers of the Environmental Science Services Administration on that date and subsequent thereto, unless amended or repealed, and service as a commissioned officer in the Coast and Geodetic Survey shall constitute service as a commissioned officer in the Environmental Science Services Administration. (b) All statutes that applied to commissioned officers of the Coast and Geodetic Survey on July 12, 1965, and to commissioned officers of the Environmental Science Services Administration subsequent to that date shall apply to officers of the National Oceanic and Atmospheric Administration on October 3, 1970, and subsequent thereto, unless amended or repealed, and service as a commissioned officer in the Coast and Geodetic Survey or the Environmental Science Services Administration shall constitute service as a commissioned officer in the National Oceanic and Atmospheric Administration. (c) The enactment of this Act does not increase or decrease the pay or allowances of any person. (d) A reference to a law replaced by this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provisions enacted by this Act. (e) An order, rule, or regulation in effect under a law replaced by this Act continues in effect under the corresponding provisions enacted by this Act until repealed, amended, or superseded. (f) An inference of a legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or by reason of the caption or catchline tnereof. ^g^ j f Q^^J provisiou of this Act or the application thereof to any person or circumstances is held invalid, the remainder of this Act and the application of such provision to other persons or circumstances shall not be affected thereby. SEC. 6. (a) Title 38, United States Code, is amended as follows: (1) Section 101(21)(C) of such title 38 is amended by inserting the words "the National Oceanic and Atmospheric Administration or its predecessor organization" after "officer of" in the first line; (2) Section 101 (25)(F) of such title 38 is amended hj inserting "the National Oceanic and Atmospheric Administration or its predecessor organization" after "concerning"; and (3) Section 3105 of such title 38 is amended by striking "Coast and Geodetic Survey" and substituting "National Oceanic and Atmospheric Administration". (jj) ^ h e cffectivc date of an award by the Veterans' Administration of disability compensation or dependency and indemnity compensation arising from an injury or death occurring prior to enactment of this Act and based on a claim filed by an individual who first became

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Page:United States Statutes at Large Volume 84 Part 2.djvu/535

 84 STAT. ]

PUBLIC LAW 91-621-DEC. 31, 1970

eligible for veterans' benefits by reason of the amendments made by the foregoing subsections shall be the date following the date of his discharge or release, or the first day of the month in which death occurred: Provided, That application therefor is filed within six months after the effective date of this Act. SEC. 7. (a) Section 216 of title II of the National Housing Act, as amended, is amended to read as follows:

1865

es Stat. MS^. ^'

"WAIVER OF OCCUPANCY REQUIREMENTS FOR SERVICEMEN

"SEC. 216. The Secretary is hereby authorized to insure any mortgage otherwise eligible for insurance under any of the provisions of this Act without regard to any requirement that the mortgagor be the occupant of the property at the time of insurance, where the Secretary is satisfied that the inability of the mortgagor to occupy the property is by reason of his entry on active duty in a uniformed service subsequent to the filing of an application for insurance and the mortgagor expresses an intent to occupy the property upon his release from active duty." (b) Section 222 of title II of the National Housing Act, as amended, J\^^^^'J^^' 83 Stat. 384. is amended to read as follows: 12 USC 1715m. 'MORTGAGE INSURANCE FOR SERVICEMEN

"SEC. 222. (a) The purpose of this section is to aid in the provision of housing accommodations for servicemen in the armed forces of the United States Coast Guard and their families, and servicemen in the United States National Oceanic and Atmospheric Administration and their families by supplementing the insurance of mortgages under section 203 of this title with a system of mortgage insurance specially ^^ ^^'^ ^^248. designed to assist the financing required for the construction or purchase of dwellings by those persons. As used in this section, a 'service- "serviceman." man' means a person to whom the Secretary of Defense (or any officer or employee designated by h i m), the Secretary of Transportation (or any officer or employee designated by h i m), or the Secretary of Commerce (or any officer or employee designated by h i m), as the case may be, has issued a certificate hereunder indicating that such person requires housing, is serving on active duty in the armed forces of the United States, in the United States Coast Guard, or in the United States National Oceanic and Atmospheric Administration and has served on active duty for more than two years, but a certificate shall not be issued hereunder to any person ordered to active duty for training purposes only. The Secretary of Defense, the Secretary of Rules and reKUTransiwrtation, and the Secretary of Commerce, respectively, are ^^*^'°"^authorized to prescribe rules and regulations governing the issuance of such certificates and may withhold issuance of more than one such certificate to a serviceman whenever in his discretion issuance is not justified due to circumstances resulting from military assignment, or, in the case of the United States Coast Guard or the United States National Oceanic and Atmospheric Administration, other assignment. " (b) To be eligible for insurance under this section a mortgage shall— "(1) meet the requirements of section 203(b), 203 (i), 221(d) (2), or 234(c), except as such requirements are modified by this 12 USC 1715Z, section; i7i5y.

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Page:United States Statutes at Large Volume 84 Part 2.djvu/536

 1866

71 Stat. 295; ^^2 USC iVo9. 73 Stat. 659. 12 USC 1715.

"The period of

PUBLIC LAW 91-621-DEC. 31, 1970

[84 STAT.

" (2) involve a principal obligation (including such initial service charges, appraisal, inspection, and other fees as the Secretary shall approve) in an amount not to exceed $33,000, except that in ^^Q Q^QQ Q-f ^ mortgage meeting the requirements of section 203(i) or section 221(d)(2) such principal obligation shall not exceed the maximum limits jjrescribed for such section; i4^g^ have a principal obligation not in excess of the sum of (i) 97 per centum of $15,000 of the appraised value of the property as of the date the mortgage is accepted for insurance, (ii) 90 per centum of such value in excess of $15,000 but not in excess of $25,000, and (iii) 85 per centum of such value in excess of $25,000; and "(4) be executed by a mortgagor who at the time of application for insurance is certified as a 'serviceman' and who at the time of insurance is the owner of the property and either occupies the property or certifies that his failure to do so is the result of his military assignment, or, in the case of the United States Coast Guard or the United States National Oceanic and Atmospheric Administration, other assignment. "(c) The Secretary may prescribe the manner in which a mortgage may be accepted for insurance under this section. Premiums fixed by the Secretary under section 203 with respect to, or payable during, the period of ownership by a servdceman of the property involved shall not be payable by the mortgage but shall be paid not less frequently than once each year, upon request of the Secretary to the Secretary of Defense, the Secretary of Transportation,, or the Secretary of Commerce, as the case may be, from the respective appropriations available for pay and allowances of persons eligible for mortgage insuance under this section. As used herein, 'the period of ownership

ownership by a

.

serviceman."

by a serviceman' means the period, lor which premiums are fixed, prior to the date that the Secretary of Defense (or any officer or employee or other person designated by h i m), the Secretary of Transportation (or any officer or employee or other person designated by him), or the Secretary of Commerce (or any officer or employee or other person designated by him), as the case may be, furnishes the Secretary with a certification that such ownership (as defined by the Secretary), has terminated. " (d) Any mortgagee under a mortgage insured under this section is entitled to the benefits of the insurance as provided in section 204(a) with respect to mortgages insured under section 203. "(e) The provisions of subsections (b), (c), (d), (e), (f), (g), (h), (j), and (k) of section 204 shall apply to mortgages insured under this section, except that as applied to those mortgages (1) all references to the Fund, or Mutual Mortgage Insurance Fund, shall refer to the General Insurance Fund, and (2) all references to section 203 shall refer to this section. " (f) The Secretary is authorized to transfer to this section the insurance on any mortgage covering a single-family dwelling or a onefamily unit in a condominium project insured under this Act, if the mortgage indebtedness thereof has been assumed by a serviceman who at the time of assumption is the owner of the property and either occupies the property or certifies that his failure to do so is the result of his military assignment, or, in the case of the United States Coast Guard or the United States National Oceanic and Atmospheric Administration, other assignment.

52 stau 1710. 12 USC u.^

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Page:United States Statutes at Large Volume 84 Part 2.djvu/537

 84 STAT. ]

PUBLIC LAW 91-622-DEC. 31, 1970

1867

" (g) Where a serviceman dies while on active duty in the armed forces of the United States or in the United States Coast Guard or in the United States National Oceanic and Atmospheric Administration, leaving a surviving widow as owner of the property, the period of ownership by the serviceman (within the meaning of subsection (c) of this section) shall extend for two years beyond the date of the serviceman's death or until the date the widow disposes of the property, whichever date occurs first. The Secretary of Defense or the Secretary of Transportation, or the Secretary of Commerce, as the case may be, shall notify such widow promptly following the serviceman's death of the additional costs to be borne by the mortgagor following termination of the two-year period." SEC. 8. All provisions of law inconsistent with this Act are hereby Repeal. repealed. Approved December 31, 1970. Public Law 91-622 JOINT RESOLUTION

December 31, 1970

Authorizing a grant to defray a portion of the cost of expanding the United Nations headquarters in the United States.

[ s. j. Res. 173]

Whereas the Congress authorized the United States to join with other governments in the founding of the United Nations; Whereas the Congress unanimously, in H. Con. Res. 75 (79th Congress), invited the United Nations to establish its headquarters in ^^ ^*^'" P** '''the United States, which invitation was accepted by the United ^* ^"^^^ Nations; Whereas the United States has continued to serve as host to the United Nations; Whereas the membership of the United Nations has increased substantially and the organization has outgrown its existing facilities; Whereas the General Assembly of the United Nations in December 1969 authorized the construction, subject to suitable financing arrangements, of an additional headquarters building south of and adjacent to the present headquarters site on land to be made available without charge by the city of New York; Whereas the total financial burden of expanding its headquarters in New York would severely strain the resources of the United Nations; Whereas a special contribution by the United States as the host government would constitute a positive act of reaffirmation of faith of the American people in the future of the United Nations: Be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby author- umted Nations ized to be appropriated to the Secretary of State out of any money E^xpansion^grant. in the Treasury not otherwise appropriated, a sum not to exceed $20,000,000, to remain available until expended, for a grant to be made at the discretion of the Secretary of State, to the United Nations to defray a portion of the cost of the expansion and improvement of its headquarters in the city of New York on such terms and conditions as the Secretary of State may determine. Such grant shall not be considered a contribution to the United Nations for purpose of any other applicable law limiting contributions. Approved December 31, 1970.

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Page:United States Statutes at Large Volume 84 Part 2.djvu/538

 1868

PUBLIC LAW 91-623-DEC. 31, 1970

[84

STAT.

Public Law 91-623 December 31, 1970 [S.4106]

Emergency Health P e r s o n n e l Act of 1970. 58 Stat. 695; 81 Stat. 539. 42 USC 248.

AN ACT To amend the Public Health Service Act to authorize the assignment of commissioned oflScers of the Public Health Service to areas with critical medical manpower shortages, to encourage health personnel to practice in areas where shortages of such personnel exist, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Emergency Health Personnel Act of 1970". SEC. 2. Part C of title III of the Public Health Service Act is amended by adding after section 328 the following new section: A S S I G N M E N T OF MEDICAL AND OTHER H E A L T H P E R S O N N E L TO CRITICAL N E E D AREAS

"SEC. 329. (a) I t shall be the function of an identifiable administrative unit within the Service to improve the deliver^ of health services to persons living in communities and areas of the United States where health personnel and services are inadequate to meet the health needs of the residents of such communities and areas. "(b) Upon request of a State or local health agency or other public or nonprofit private health organization, in an area designated by the Secretary as an area with a critical health manpower shortage, to have health personnel of the Service assigned to such area, and upon certification to the Secretary by the State and the district medical societies (or dental societies, or other appropriate health societies as the case may be) for that area, and by the local government for that area, that such health personnel are needed for that area, the Secretary is authorized, whenever he deems such action appropriate, to assign commissioned officers and other personnel of the Service to provide, under regulations prescribed by the Secretary, health care and services for persons residing in such areas. Such care and services shall be provided in connection with (1) direct health care programs carried out by the Service; (2) any direct health care program carried out in whole or in part with Federal financial assistance; or (3) any other health care activity which is in furtherance of the purposes of this section. Any person who receives a service provided under this section shall be charged for such service at a rate established by the Secretary, pursuant to regulations, to recover the reasonable cost of providing such service; except that if such person is determined under regulations of the Secretary to be unable to pay such charge, the Secretary may provide for the furnishing of such service at a reduced rate or without charge. If a Federal agency or a State or local government agency or other third party would be responsible for all or part of the cost of the service provided under this section if such service had not been provided under this section, the Secretary shall collect from such agency or third party the portion of such cost for which it would be so responsible. Any funds collected by the Secretary under this subsection shall be deposited in the Treasury as miscellaneous receipts.

Facilities, utilization.

"(c) Commissioned officers and other personnel of the Service assigned to areas designated under subsection (b) shall not be included in determining whether any limitation on the number of personnel which may be employed by the Department of Health, Education, and Welfare has been exceeded. " (d) Notwithstanding any other provision of law, the Secretary, to the extent feasible, may make such arrangements as he determines necessary to enable officers and other personnel of the Service in providing care and services under subsection (b) to utilize the health facilities of the area to be served. If there are no such facilities in such

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Page:United States Statutes at Large Volume 84 Part 2.djvu/539

 84 STAT. ]

PUBLIC LAW 91^23-DEC. 31, 1970

1869

area, the Secretary may arrange to have such care and services provided in the nearest health facilities of the Service or the Secretary may lease or otherwise provide facilities in such area for the provision of such care and services. "(e)(1) There is established a council to be known as the National,,^J^'°co1^^^iCon Advisory Council on Health Manpower Shortage Areas (hereinafter Health Manpower in this section referred to as the 'Council'). The Council shall be com- ^J°ft,l!shSem^' posed of fifteen members appointed by the Secretary as follows: mlmbe'rship. " (A) Four members shall be appointed from the general public, representing the consumers of health care. " (B) Three members shall be appointed from the medical, dental, and other health professions and health teaching professions. " (C) Three members shall be appointed from State health or health planning agencies. " (D) Three members shall be appointed from the Service, at least two of whom shall be commissioned officers of the Service. " (E) One member shall be appointed from the National Advisory Council on Comprehensive Health Planning, " (F) One member shall be appointed from the National Advisory Council on Regional Medical Programs. The Council shall consult with, advise, and make recommendations to, the Secretary with respect to his responsibilities in carrying out this section. "(2) Members of the Council shall be appointed for a term of three Term. years and shall not be removed, except for cause. Members may be reappointed to the Council. "(8) Appointed members of the Council, while attending meetings compensation. or conferences thereof or otherwise serving on the business of the Council, shall be entitled to receive compensation at rates fixed by the Secretary, but not exceeding $100 per day, including traveltime, and while so serving away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703(b) of title 5 of the United States Code for persons in the Government service employed inter- so Stat. 499; mittently. 83 Stat. 190. " (f) I t shall be the function of the Secretary— "(1) to establish guidelines with respect to how the Service shall be utilized in areas designated under this section; "(2) to select commissioned officers of the Service and other personnel for assignment to the areas designated under this section; and "(3) to determine which communities or areas may receive assistance under this section taking into consideration— " (A) the need of the community or area for health services provided under this section; " (B) the willingness of the community or area and the appropriate governmental agencies therein to assist and cooperate with the Service in providing effective health services to residents of the community or area; " (C) the recommendations of any agency or organization which may be responsible for the development, under section 314(b), of a comprehensive plan covering all or any part of the area or community involved; and " (D) recommendations from the State medical, dental, and other health associations and from other medical personnel of the community or area considered for assistance under this section.

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Page:Folk-lore - A Quarterly Review. Volume 15, 1904.djvu/74

 60 she has in front of her is the head of that youth for love of whom she wrought so great a crime against me. For when I returned to my proper shape again, in sparing her life, I subjected her to this penalty only, namely, that she should always have the head of her paramour before her, and that when I kissed the wife I had married in her stead she should imprint kisses on him for whose sake she had committed that crime. And I had the head embalmed to keep it free from putrefaction. For I knew that no punishment could be more grievous to her than a perpetual exhibition of her great wickedness in the sight of all the world. (24) Arthur, dismount now, if you so desire, for now that I have invited you, you will, so far as I am concerned, from henceforth remain where you are.

So Arthur dismounted and ate, and on the following day returned home a nine days' journey, marvelling greatly at what he had heard.

.

NOTES.

The foregoing tale, apart from a possible reference by Madden (Sir Gawayne, p. x., note), seems to have escaped the notice of all Arthurian students until Professor G. L. Kittredge of Harvard edited it last year, and made it the subject of what I do not hesitate to pronounce one of the most remarkable and valuable examples of storyological research known to me. In what follows I do little more than summarise and paraphrase Professor Kittredge's investigation, with the addition of certain views of my own, and I would strongly urge all interested in mediæval romance and in folktale research not to content themselves with my summary but to refer to and master the original. Professor Kittredge should not be held responsible for any imperfections in my exposition of his masterly argument, the plan of which I have not thought it necessary to retain.

It will at once be apparent to a storyologist of any experience that the task which Arthur has to achieve is one in which success is only possible by the aid, unwillingly given, of a supernatural


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Page:United States Statutes at Large Volume 84 Part 2.djvu/540

 1870 Appropriation.

58 Stat. 683; 81 Stat. 539. 42 USC 202.

PUBLIC LAW 91-623-DEC. 31, 1970

" (g) To carry out the purposes of this section, there are authorized to be appropriated $10,000,000 for the fiscal year ending June 30, 1971; $20,000,000 for the fiscal year ending June 30, 1972; and $30,000,000 for the fiscal year ending June 30, 1973.'' SEC. 4. Title II of the Public Health Service Act is amended by adding after section 223 the following new section: D E F E N S E OF CERTAIN M A L P R ACT I C E A N D N E G L I G E N C E

62 Stat. 933, 983; 80 Stat. 306.

Civil action, removal from State to district court.

62 Stat. 869.

28 USC 1.

eiaims, settlement. 80 Stat. 307.

[84 STAT.

SUITS

"SEC. 223. (a) The remedy against the United States provided by sections 1346(b) and 2672 of title 28, or by alternative benefits provided by the United States where the availability of such benefits precludes a remedy under section 1346(b) of title 28, for damage for personal injury, including death, resulting from the performance of medical, surgical, dental, or related functions, including the conduct of clinical studies or investigation, by any commissioned officer or employee of the Public Health Service while acting within the scope of his office or employment, shall be exclusive of any other civil action or proceeding by reason of the same subject-matter against the officer or employee (or his estate) whose act or omission gave rise to the claim. " (b) The Attorney General shall defend any civil action or proceeding brought in any court against any person referred to in subsection (a) of this section (or his estate) for any such damage or injury. Any such person against whom such civil action or proceeding is brought shall deliver within such time after date of service or knowledge of service as determined by the Attorney General, all process served upon him or an attested true copy thereof to his immediate superior or to whomever was designated by the Secretary to receive such papers and such person shall promptly furnish copies of the pleading and process therein to the United States attorney for the district embracing the place wherein the proceeding is brought, to the Attorney General, and to the Secretary. "(c) Upon a certification by the Attorney General that the defendant was acting in the scope of his employment at the time of the incident out of which the suit arose, any such civil action or proceeding commenced in a State court shall be removed without bond at any time before trial by the Attorney General to the district court of the United States of the district and division embracing the place wherein it is pending and the proceeding deemed a tort action brought against the United States under the provisions of title 28 and all references thereto. Should a United States district court determine on a hearing on a motion to remand held before a trial on the merit that the case so removed is one in which a remedy by suit within the meaning of subsection (a) of this section is not available against the United States, the case shall be remanded to the State Court: Provided, That where such a remedy is precluded because of the availability of a remedy through proceedings for compensation or other benefits from the United States as provided by any other law, the case shall be dismissed, but in the event the running of any limitation of time for commencing, or filing an application or claim in, such proceedings for compensation or other benefits shall be deemed to (have been suspended during the pendency of the civil action or proceeding under this section. " (d) The Attorney General may compromise or settle any claim asserted in such civil action or proceeding in the manner provided in section 2677 of title 28 and with the same effect. "(e) For purposes of this section, the provisions of section 2680(h)

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Page:United States Statutes at Large Volume 84 Part 2.djvu/541

 84 STAT. ]

PUBLIC LAW 91-625-DEC. 31, 1970

of title 28 shall not apply to assault or battery arising out of neglig:ence in the performance of medical, surgical, dental, or related functions, including the conduct of clinical studies or investigations. " (f) The Secretary or his designee may, to the extent that he deems appropriate, hold harmless or provide liability insurance for any officer or employee of the Public Health Service for damage for personal injiiry, including death, negligently caused by such officer or employee while acting within the scope of his office or employment and as a result of the performance of medical, surgical, dental, or related functions, including the conduct of clinical studies or investigations, if such employee is assigned to a foreign country or detailed to a State or political subdivision thereof or to a non-profit institution, and if the circumstances are such as are likely to preclude the remedies of third persons against the United States described in section 2679(b) of title 28, for such damage or injury." Approved December 31, 1970.

1871 62 Stat. 9 8 5.

Liability insurance.

80 Stat. 307.

Public Law 91-624 AN ACT

December 31, 1970

To grant the consent of Congress to the city of Boston to construct, maintain, and operate a causeway and fixed-span bridge in Fort Point Channel, Boston, Massachusetts.

[H.R. I7750]

Be it enacted by the Senate and House of Representatives of the United States of Amenca in Congress assembled, That the consent of chL'^eT b^'id Congress is hereby given to the city of Boston to construct, maintain, Boston, Masf.^' and operate a causeway and a fixed-span bridge in and over the water construction, of the Fort Point Channel, Boston, Massachusetts, lying between the '"^"*t^"^'i'=^' northeasterly side of the Summer Street highway bridge and the easterly side of the Dorchester Avenue highway bridge. SEC. 2. Work shall not be commenced on such bridge and causeway until the location and plans therefor are submitted to and approved by the Secretary of Transportation. SEC. 3. Any project heretofore authorized by an Act of Congress, insofar as such project relates to the above-described portions of Fort Point Channel, is hereby abandoned. SEC. 4. I n approving the location and plans of any bridge, the Secretary of Transportation may impose any specific conditions relating to the maintenance and operation of the structure which may be deemed necessary in the interest of public navigation. Approved December 31, 1970.

Public Law 91-625 AN ACT

December 31, 1970

To designate the lake formed by the waters impounded by the Liliby Dam, Montana, as "Lake Kooeanusa". Be it enacted by the Senate and House of Representatives of the United States of Amenca in Congress assembled, That the lake formed by the waters impounded by the Libby Dam in the State of Montana shall hereafter be known as Lake Kooeanusa and any law, regulation, document, or record of the United States in which such lake is designated or referred to shall be held to refer to such lake mider and by the name of "Lake Kooeanusa". Approved December 31, 1970.

[H. R. 7334] Lake K o o e a n u s a, Mont.

Designation

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