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Page:United States Statutes at Large Volume 92 Part 2.djvu/1138

 92 STAT. 2418

Limitation.

.«2aji»»£R a

Community advisory board.

Review.

Time limitation.

Funds distribution, prohibition.

PUBLIC LAW 95-567—NOV. 2, 1978 "(ii) maintain existing, and stimulate new, sources of nonFederal financial support for stations by providing incentives for increases in such support; and "(iii) assure that each eligible licensee and permittee of a public radio station receives a basic grant. "(7) No distribution of funds pursuant to this subsection shall exceed, in any fiscal year, 50 percent of a licensee's or permittee's total non-Federal financial support during the fiscal year second preceding the fiscal year in which such distribution is made. "(8) The funds distributed pursuant to paragraph (3)(A) may be used at the discretion of the recipient for purposes relating to the provision of public television and radio programming, including, but not limited to— "(A) producing, acquiring, broadcasting, or otherwise disseminating public television or radio programs; "(B) procuring national or regional program distribution services that make public television or radio programs available for broadcast or other dissemination at times chosen by stations; "(C) acquiring, replacing, or maintaining facilities, and real property used with facilities, for the production, broadcast, or other dissemination of public television and radio programs; and "(D) developing and using nonbroadcast communications technologies for public television or radio programming purposes. "(9)(A) Funds may not be distributed pursuant to this subpart to any public broadcast station unless such station establishes a community advisory board. Any such station shall undertake good faith efforts to assure that the composition of its advisory board reasonably reflects the diverse needs and interests of the communities served by such station. "(B) The board shall be permitted to review the programming goals established by the station, the service provided by the station, and the significant policy decisions rendered by the station. The board may also be delegated any other responsibilities, as determined by the governing body of the station. The board shall advise the governing body of the station with respect to whether the programming and other policies of such station are meeting the specialized educational and cultural needs of the communities served by the station, and may make such recommendations as it considers appropriate to meet such needs. "(C) The role of the board shall be solely advisory in nature, except to the extent other responsibilities are delegated to the board by the governing body of the station. In no case shall the board have any authority to exercise any control over the daily management or operation of the station. "(D) In the case of any public broadcast station in existence on the effective date of this paragraph, such station shall comply with the requirements of this paragraph with respect to the establishment of a community advisory board not later than 180 days after such effective date. " (E) The provision of subparagraph (A) prohibiting the distribution of funds to any public broadcast station unless such station establishes a community advisory board shall be the exclusive remedy for the enforcement of the provisions of this paragraph. "(10) Funds may not be distributed pursuant to this subsection to the Public Broadcasting Service or National Public Radio (or any

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1139

 PUBLIC LAW 95-567—NOV. 2, 1978

92 STAT. 2419

successor organization) unless assurances are provided to the Corporation that no officer or employee of the Public Broadcasting Service or National Public Radio (or any successor organization), as the case may be, will be compensated at an annual rate of pay which exceeds the rate of basic pay in effect from time to time for level I of the Executive Schedule under section 5312 of title 5, United States Code.". (b) Section 396(k) (10) of the Communications Act of 1934, as added by subsection (a), shall not be construed to reduce the annual rate of pay of any officer or employee of the Public Broadcasting Service or National Public Radio (or any successor organization) in any case in which (1) such officer or employee was appointed or named to any position in the Public Broadcasting Service or National Public Radio (or any successor organization) before the date of the enactment of this Act; and (2) the annual rate of pay for such position, as in effect on such date of enactment, exceeds the maximum rate of pay established in section 396(k) (10) of the Communications Act of 1934, as added by subsection (a).

47 USC 396 note. Ante, p. 2415.

F I N A N C I A L MANAGEMENT AND RECORDS

SEC. 308. Section 396(1)(3) of the Communications Act of 1934 is amended to read as follows: "(3)(A) Not later than 1 year after the effective date of this paragraph, the Corporation, in consultation with the Comptroller General, and as appropriate with others, shall develop accounting principles which shall be used uniformly by all public telecommunications entities receiving funds under this subpart, taking into account organizational differences among various categories of such entities. Such principles shall be designed to account fully for all funds received and expended for public telecommunications purposes by such entities. •'(B) Each public telecommunications entity receiving funds under this subpart shall be required— "(i) to keep its books, records, and accounts in such form as may be required by the Corporation; "(ii) to undergo an annual audit by independent certified public accountants or independent licensed public accountants certified or licensed by a regulatory authority of a State, which audit shall be in accordance with auditing standards developed by the Corporation, in consultation with the Comptroller General; and " (iii) to furnish annually to the Corporation a copy of the audit report required pursuant to clause (ii), as well as such other ': information regarding finances (including an annual financial report) as the Corporation may require. "(C) Any recipient of assistance by grant or contract under this section, other than a fixed price contract awarded pursuant to competitive bidding procedures, shall keep such records as may be reasonably necessary to disclose fully the amount and the disposition by such recipient of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, and the amount and nature 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. "(D) The Corporation or any of its duly authorized representatives shall have access to any books, documents, papers, and records

47 USC 396. Accounting principles, development,

Recordkeeping requirements. "?,.

Books, documents, papers, and records, accessibility.

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


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1140

 92 STAT. 2420

PUBLIC LAW 95-567—NOV. 2, 1978 of any recipient of assistance for the purpose of auditing and examining all funds received or expended for public telecommunications purposes by the recipient. The Comptroller General of the United States or any of his duly authorized representatives also shall have access to such books, documents, papers, and records for the purpose of auditing and examining all funds received or expended for public telecommunications purposes during any fiscal year for which Federal funds are available to the Corporation.". EQUAL EMPLOYMENT OPPORTUNITY

47 USC 398.

SEC. 309. Section 398 of the Communications Act of 1934 is amended to read as follows: FEDERAL INTERFERENCE OR CONTROL P R O H I B I T E D; EQUAL EMPLOYMENT OPPORTUNITY

Equal opportunity employment. Ante, p. 2409.

Rules and regulations.

^ »

" S E C 398. (a) Nothing contained in this part shall be deemed (1) to amend any other provision of, or requirement under, this Act; or (2) except to the extent authorized in subsection (b), to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over public telecommunications, or over the Corporation or any of its grantees or contractors, or over the charter or bylaws of the Corporation, or over the curriculum, program of instruction, or personnel of any educational institution, school system, or public telecommunications entity. "(b)(1) Equal opportunity in employment shall be afforded to all persons by the Public Broadcasting Service and National Public Eadio (or any successor organization) and by all public telecommunications entities receiving funds pursuant to subpart C (hereinafter in this subsection referred to as 'recipients'), and no person shall be subjected to discrimination in employment by any recipient on the grounds of race, color, religion, national origin, or sex. "(2)(A) The Secretary is authorized and directed to enforce this subsection and to prescribe such rules and regulations as may be necessary to carry out the functions of the Secretary under this subsection. "(B) The Secretary shall provide for close coordination with the Commission in the administration of the responsibilities of the Secretary under this subsection which are of interest to or affect the functions of the Commission so that, to the maximum extent possible consistent with the enforcement responsibilities of each, the reporting requirements of public telecommunications entities shall be uniformly based upon consistent definitions and categories of information. "(3)(A) The Corporation shall incorporate into each grant agreement or contract with any recipient entered into on or after the effective date of the rules and regulations prescribed by the Secretary pursuant to paragraph (2)(A), a statement indicating that, as a material part of the terms and conditions of the grant agreement or contract, the recipient will comply with the provisions of paragraph (1) and the rules and regulations prescribed pursuant to paragraph (2)(A). Any person which desires to be a recipient (within the meaning of paragraph (1)) of funds under subpart C shall, before receiving any such funds, provide to the Corporation any information which the Corporation may require to satisfy itself that such person is affording equal opportunity in employment in accordance with the

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1141

 PUBLIC LAW 95-567—NOV. 2, 1978 requirements of this subsection. Determinations made by the Corporation in accordance with the preceding sentence shall be based upon guidelines relating to equal oportunity in employment which shall be established by rule by the Secretary. "(B) If the Corporation is not satisfied that any such person is affording equal opportunity in employment in accordance with the requirements of this subsection, the Corporation shall notify the Secretary, and the Secretary shall review the matter and make a final determination regarding whether such person is affording equal opportunity in employment. In any case in which the Secretary conducts a review under the preceding sentence, the Corporation shall make funds available to the person involved pursuant to the grant application of such person (if the Corporation would have approved such application but for the finding of the Corporation under this paragraph) pending a final determination of the Secretary upon completion of such review. The Corporation shall monitor the equal employment opportunity practices of each recipient throughout the duration of the grant or contract. "(C) The provisions of subparagraph (A) and subparagraph (B) shall take effect on the effective date of the rules and regulations prescribed by the Secretary pursuant to paragraph (2)(A). "(4) Based upon its responsibilities under paragraph (3), the Corporation shall provide an annual report for the preceding fiscal year ending September 30 to the Secretary on or before the 15th day of February of each year. The report shall contain information in the form required by the Secretary. The Corporation shall submit a summary of such report to the President and the Congress as part of the report required in section 396(i). The Corporation shall provide other information in the form which the Secretary may require in order to carry out the functions of the Secretary under this subsection. "(5) Whenever the Secretary makes a final determination, pursuant to the rules and regulations which the Secretary shall prescribe, that a recipient is not in compliance with paragraph (1), the Secretary shall, within 10 days after such determination, notify the recipient in writing of such determination and request the recipient to secure compliance. Unless the recipient within 120 days after receipt of such written notice— "(A) demonstrates to the Secretary that the violation has been corrected; or "(B) enters into a compliance agreement approved by the Secretary; the Secretary shall direct the Corporation to reduce or suspend any further payments of funds under this part to the recipient and the Corporation shall comply with such directive. Resumption of payments shall take place only when the Secretary certifies to the Corporation that the recipient has entered into a compliance agreement approved by the Secretary, A recipient whose funds have been reduced or suspended under this paragraph may apply at any time to the Secretary for such certification. "(c) Nothing in this section shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the content or distribution of public telecommunications programs and services, or over the curriculum or program of instruction of any educational institution or school system.".

92 STAT. 2421

Review.

Monitoring of equal opportunity practices.

Report.

Report summary to President and Congress. Ante, p. 2414.

Reduction or suspension of payments.

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text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1142

 92 STAT. 2422

PUBLIC LAW 95-567—NOV. 2, 1978 TITLE IV—MISCELLANEOUS PROVISIONS; EFFECTIVE DATE DEFINITIONS

47 USC 397.

SEC. 401. Section 397 of the Communications Act of 1934 is amended to read as follows: ((DEFINITIONS "SEC. 397. For the purposes of this part— "(1) The term 'construction' (as applied to public telecommunications facilities) means acquisition (including acquisition by lease), installation, and modernization of public telecommunications facilities and planning and preparatory steps incidental to any such acquisition, installation, or modernization. "(2) The term 'Corporation' means the Corporation for Public Broadcasting authorized to be established in subpart C. "(3) The term 'interconnection' means the use of microwave equipment, boosters, translators, repeaters, communication space satellites, or other apparatus or equipment for the transmission and distribution of television or radio programs to public telecommunications entities. "(4) The term 'interconnection system' means any system of interconnection facilities used for the distribution of programs to public telecommunications entities. "(5) The term 'meeting' means the deliberations of at least the number of members of a governing or advisory body, or any committee thereof, required to take action on behalf of such body or committee where such deliberations determine or result in the joint conduct or disposition of the governing or advisory body's business, or the committee's business, as the case may be, but only to the extent that such deliberations relate to public broadcasting. "(6) The terms 'noncommercial educational broadcast station' and 'public broadcast station' mean a television or radio broadcast station which— " (A) under the rules and regulations of the Commission in effect on the effective date of this paragraph, is eligible to be licensed by the Commission as a noncommercial educational radio or tele„ vision broadcast station and which is owned and operated by a public agency or nonprofit private foundation, corporation, or _^,; association; or " (B) is owned and operated by a municipality and which transmits only noncommercial programs for education purposes. "(7) The term 'noncommercial telecommunications entity' means any enterprise which— "(A) is owned and operated by a State, a political or special purpose subdivision of a State, a public agency, or a nonprofit private foundation, corporation, or association; and "(B) has been organized primarily for the purpose of disseminating audio or video noncommercial educational and cultural programs to the public by means other than a primary ^' television or radio broadcast station, including, but not limited to, coaxial cable, optical fiber, broadcast translators, cassettes, discs, microwave, or laser transmission through the atmosphere. "(8) The term 'nonprofit' (as applied to any foundation, corporation, or association) means a foundation, corporation, or association, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1143

 PUBLIC LAW 95-567—NOV. 2, 1978

92 STAT. 2423

"(9) The term 'non-Federal financial support' means the total value of cash and the fair market value of property and services (including, to the extent provided in the second sentence of this paragraph, the personal services of volunteers) received— "(A) as gifts, grants, bequests, donations, or other contributions for the construction or operation of noncommercial educational broadcast stations, or for the production, acquisition, distribution, or dissemination of educational television or radio programs, and related activities, from any source other than (i) the United States or any agency or instrumentality of the United States; or (ii) any public broadcasting entity; or " (B) as gifts, grants, donations, contributions, or payments from any State, or any educational institution, for the construe- tion or operation of noncommercial educational broadcast stations or for the production, acquisition, distribution, or dissemination of educational television or radio programs, or payments in exchange for services or materials with respect to the provision of educational or instructional television or radio programs. Such t«rm includes the fair market value of personal services of volunteers, as computed using the valuation standards established by the Corporation and approved by the Comptroller General pursuant to section 396(g)(5), but only with respect to such services provided Ante, p. 2412. to public telecommunications entities after such standards are approved by the Comptroller General and only, with respect to such an entity in a fiscal year, to the extent that the value of the services does not exceed 5 percent of the total non-Federal financial support i, T • •.., of the entity in such fiscal year. "(10) The term 'preoperational expenses' means all nonconstruction costs incurred by new telecommunications entities before the date on which they begin providing service to the public, and all nonconstruction costs associated with expansion of existing entities before the date on which such expanded capacity is activated, except that such expenses shall not include any portion of the salaries of any personnel employed by an operating public telecommunications entity. "(11) The term 'public broadcasting entity' means the Corporation, any licensee or permittee of a public broadcast station, or any nonprofit institution engaged primarily in the production, acquisition, "' ' ' distribution, or dissemination of educational and cultural television or radio programs. " (12) The term 'public telecommunications entity' means any enterprise which— "(A) is a public broadcast station or a noncommercial telecommunications entity; and " (B) disseminates public telecommunications services to the public. "(13) The term 'public telecommunications facilities' means apparatus necessary for production, interconnection, captioning, broadcast, or other distribution of programming, including, but not limited to, studio equipment, cameras, microphones, audio and video storage or reproduction equipment, or both, signal processors and switchers, towers, antennas, transmitters, translators, microwave equipment, mobile^ equipment, satellite communications equipment, instructional television fixed service equipment, subsidiary communications authorization transmitting and receiving equipment, cable television equipment, video and audio cassettes and discs, optical fiber communications equipment, and other means of transmitting, emitting.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1144

 92 STAT. 2424

PUBLIC LAW 95-5^7—NOV. 2, 1978 storing, and receiving images and sounds, or intelligence, except that such term does not include the buildings to house such apparatus (other than small equipment shelters which are part of satellite earth stations, translators, microwave interconnection facilities, and similar facilities). "(14) The term 'public telecommunications services' means noncommercial educational and cultural radio and television programs, and related noncommercial instructional or informational material that may be transmitted by means of electronic communications. "(15) The term 'Secretary' means the Secretary of Commerce when such term is used in subpart A, and the Secretary of Health, Education, and Welfare when such term is used in subpart B, subpart C, and this subpart. "(16) The term 'State' includes the District of Columbia, the Commonwealth of Puerto Kico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. " (17) The term 'system of public telecommunications entities' means any combination of public telecommunications entities acting cooperatively to produce, acquire, or distribute programs, or to undertake related activities.". NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION A N N U A L REPORT

Report to Congress.

SEC. 402. The National Telecommunications and Information Administration shall submit an annual report to the Congress not later than January 31 of each calendar year, beginning with calendar year 1980. Each such report shall relate to the preceding calendar year and shall contain information on the activities of the Administration with respect to domestic communications, international communications, Federal Government communications, spectrum plans and policies, and any other matters. EFFECTIVE DATE

47 USC 390 note.

SEC. 403. The provisions of this Act, and the amendments made by this Act, shall take effect on the date of the enactment of this Act. Approved November 2, 1978.

,^

LEGISLATIVE HISTORY: HOUSE REPORTSt No. 95-1178 (Comm. on Interstate and Foreign Commerce) and No. 95-1774 (Comm. of Conference). SENATE REPORT No. 95-858 accompanying S. 2883 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 124 (1978): July 10, considered and passed House. Sept. 19, considered and passed Senate, amended, in lieu of S. 2883. Oct. 13, House agreed to conference report. Oct. 14, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 44: Nov. 2, Presidential statement.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1145

 PUBLIC LAW 95-568—NOV. 2, 1978

92 STAT. 2425

Public Law 95-568 95th Congress An Act To amend the Economic Opportunity Act of 1964, 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 "Economic Opportunity Amendments of 1978". STATEMENT OF PURPOSE

SEC. 2. It is the purpose of this Act to extend and revise programs under title I through title IX of the Economic Opportunity Act of 1964 (hereinafter in this Act referred to as the "Act"). RESEARCH AND DEMONSTRATIONS

Nov. 2, 1978 [H.R. 7577]

Economic Opportunity Amendments of 1978. 42 USC 2701 note. 42 USC 2701 note

42 USC

2711-2995.

SEC. 3. (a) Section 103 of the Act (42 U.S.C. 2713) is amended by striking out", whenever feasible,". (b) Title I of the Act (42 U.S.C. 2711 et seq.) is amended by adding at the end thereof the following new section: "AUTHORIZATION or APPROPRIATIONS

"SEC. 106. There is authorized to be appropriated for the purpose of carrying out the provisions of this title $5,000,000 for fiscal year 1979, $6,000,000 for fiscal year 1980, and $8,000,000 for fiscal year 1981.".

42 USC 2716.

URBAN AND RURAL COMMUNITY ACTION PROGRAMS

SEC. 4. (a) Section 210(c) of the Act (42 U.S.C. 2790(c)) is amended by inserting after the first sentence thereof the following new sentences: "The Director, in determining whether a county or multicounty unit is eligible to be served by a community action agency under this title, shall not apply, as the sole criterion for eligibility, any requirement or restriction relating to the number of individuals residm^ in the county or multicounty unit if at least 20 per centum of the families and unrelated individuals residing in such unit have incomes below the poverty line as determined by the Bureau of Census from the most recent census or survey. No new community action agency may be designated under subsection (a) within a county or multicounty unit if— "(1) such county or multicounty unit has a population of less than 50,000; " (2) such county or multicounty unit was served by an existing community action agency on June 1, 1978; and "(3) the new community action agency would serve a smaller geographical area than that served by an existing community action agency on June 1, 1978.". (b) Section 210(d) of the Act (42 U.S.C. 2790(d)) is amended by inserting ", in accordance with regulations promulgated by the Director" after "determines". (c) The first sentence of section 211(b) of the Act (42 U.S.C. 2791 (b)) is amended— (1) by inserting ", and not less than fifteen," after "fifty-one"; and

eommunity action agency, eligibility for

New community action agencies, designation restrictions.

f

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Page:Hockey, Canada's Royal Winter Game.djvu/11

 Winnipeg the glorious game is played; most of our neighboring American cities boast of a hockey club, and even in distant Europe, teams have been organized in Glasgow, London and Paris. It is a regular occurrence for clubs to send their representatives thousands of miles to meet their adversaries in a friendly match. Teams from Manitoba and Nova Scotia have repeatedly visited Montreal, and clubs from the latter place have returned the compliment. Nearly all of Canada's leading sevens have delighted audiences in different cities of the United States, and we have had American players cross the border to chase the puck with us. Indeed, it will not be surprising if, some day, an enterprising Canadian team sails the broad Atlantic to cross sticks with an English or Parisian aggregation. The year 1899 saw hockey the most universally popular game in Canada. With the erection in Montreal, of the Arena rink, of whose interior an excellent picture is given on the opposite page, new blood was infused into the old clubs, and young ones sprang into life like rabbits in California.

The infatuating influence of the game drew together in this vast auditorium the largest crowds that ever assembled to witness a hockey match, and the wildest. Reports from every city in Canada told encouraging tales of


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1146

 PUBLIC LAW 95-568—NOV. 2, 1978

92 STAT. 2426

Annual review.

42 USC 2921, 2996.

(2) by inserting "currently holding office" after "officials" the first place it appears in clause (1). (d) Section 213 of the Act (2 U.S.C. 2796) is amended by adding at the end thereof the following new subsection: "(c) The Director shall annually review, and consult with State economic opportunity offices authorized under section 231(a), for the purposes of updating and simplifying, all relevant regulations and guidelines applicable to programs funded under this Act, except with respect to programs funded under title V and or title X.". F I N A N C I A L ASSISTANCE TO COMMUNITY ACTION PROGRAMS

SEC. 5. (a)(1) Section 222(a) of the Act (42 U.S.C. 2809(a)) is amended by inserting after the fourth sentence thereof the following new sentence: "In no event shall the Director provide financial assistance under this title to a public or private nonprofit agency other than a community action agency in an area in which a community action agency exists without prior notification of such financial assistance to the board of such community action agency and to any State economic opportunity office in the State in which financial assistance is provided.". (2) Section 222(a) of the Act is amended— (A) by redesignating paragraph (5) thereof as paragraph (1); (B) by redesignating paragraph (7) thereof as paragraph (2); (C) by redesignating paragraph (10) thereof as paragraph (3);

(D) by redesignating paragraph (11) thereof as paragraph (4); ^ ' (E) by redesignating paragraph (12) thereof as paragraph (5);and (F) by redesignating paragraph (13) thereof as paragraph (6). (b)(1) The last sentence of section 222(a)(1) of the Act, as so redesignated by subsection (a)(2), is amended by inserting before the )eriod at the end thereof a comma and the following: "or through a ocal public or private nonprofit organization or agency providing services to migrant or seasonal farmworkers or Native Americans". (2) The last sentence of section 222(a)(2) of the Act, as so redesignated by subsection (a)(2), is amended by striking out the period at the end thereof and inserting in lieu thereof a comma and the following: "and other Federal agencies providing services to the elderly poor. The Director shall seek, to the maximum extent feasible, the utilization of agencies funded under section 221 for the provision of such services available under titles III, V, and VII of the Older Americans Act of 1965, or such other Federal programs serving the elderly poor.". (c)(1) The second sentence of section 222(a)(4) of the Act, as so redesignated by subsection (a)(2), is amended by striking out "serving" and inserting in lieu thereof "or to local public or private nonprofit organizations or agencies providing services to migrant or seasonal farmworkers or Native Americans which serve". (2) The third sentence of section 222(a)(4) of the Act, as so redesignated by subsection (a)(2), is amended by inserting "and programs under the Comprehensive Employment and Training Act of 1973" after "Mainstream programs". (d) Section 222(a)(5) of the Act, as so redesignated by subsection (a)(2), is amended by adding the following new sentence at the end thereof: "In carrying out programs to lessen the impact of the high cost

f Utilization of funded agencies. 42 USC 2808. 42 USC 3021, 3041, 3045a.

Ante, p. 1909.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1147

 PUBLIC LAW 95-568—NOV. 2, 1978

92 STAT. 2427

of energy to migrants, other seasonally employed farmworkers, and Native Americans, the Director shall utilize local public or private nonprofit organizations or agencies where feasible. Eligibility for any of the programs authorized under this section shall not be based solely on delinquency in payment of fuel bills.". (e) Section 222(a)(6) of the Act, as so redesignated by subsection ( a)(2), is amended to read as follows: "(6) A program to be known as 'Summer Youth Kecreation' designed to provide recreational opportunities for low-income children during the summer months. Funds made available for this paragraph shall be allocated by the Director among community action agencies where feasible, or other public or private i nonprofit agencies where no such community action agency exists or is able to administer a program, to provide recreational oppori tunities for low-income children during the summer months.". (f) Section 222(a) of the Act is amended by adding the following new paragraph at the end thereof: "(7) A program to be known as 'Demonstration Employment and Training Opportunities' designed to establish experimental employment and training provq^rams and projects for low-income I persons who are unemployed or underemployed, with special I emphasis on youth, the structurally unemployed (especially those dependent on public assistance), single heads of households with dependent children, older workers, and veterans. The Director may make grants to community action agencies, community economic development corporations (as designated under title VII), and public or private nonprofit organizations and agencies for experimental programs and activities including, but not limited '^ to, providing innovative approaches to employment and training programs, which shall, if necessary, make available to participants comprehensive supportive services; developing programs and linkages for low-income persons to achieve satisfactory transition from either unemployment or federally subsidized jobs to employment that is not federally subsidized; and developing training proS grams, with special consideration for community development corporations, designed to place disadvantaged youth in the private sector. The Director and the Secretary of Labor shall assure a full exchange of information concerning the employment and training programs subject to their respective jurisdictions in order to assure the^ most effective and responsive (demonstration programs and activities. Any employment and training activities assisted in whole or part with funds made available under this paragraph shall be subject to the applicable conditions, labor standards, and benefits set forth in the Comprehensive Employment and Training Act of 1973 and other related laws.". (g)^ The first sentence of section 225(c) of the Act (42 TJ.S.C. 2812 (c)) is amended to read as follows: "Unless otherwise provided in this part, financial assistance extended to a community action agency or other agency pursuant to section 221 and section 222Ca) shall not exceed 80 per centum of the approved cost of the assisted programs or activities.".

Eligibility basis. ••' " Summer Youth Recreation.

Demonstration Employment and Training Opportunities.

Grants. 42 USC 2981.

Exchange of information.

-; • Ante, p. 1909. Limitation, 42 USC 2808, ««^' P- 2426.

SUPPLEMENTAL PROGRAMS AND ACTIVITIES

SEC. 6. (a) Section 230 of the Act (42 U.S.C. 2824) is amended— 42 USC 2823. (1) by striking out "may" in the first sentence and inserting in lieu thereof "shall"; and (2) by striking out "may" in the last sentence and inserting in lieu thereof "shall, to the extent feasible,".

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1148

 92 STAT. 2428

PUBLIC LAW 95-568—NOV. 2, 1978

(b)(1) Section 231(a)(1) of the Act (42 U.S.C. 2824(a)(1)) is amended by inserting before the semicolon at the end thereof a comma and the following: "with priority to programs funded under section 42 USC 2808, 221 and section 222". 2809. (2) Section 231(a) of the Act (42 U.S.C. 2824(a)) is amended— (A) in paragraph (3) thereof, by striking out "and" at the end thereof; ' " (B) in paragraph (4) thereof, by striking out the period at the end thereof and inserting in lieu thereof a semicolon; and (C) by adding at the end thereof the following new paragraphs: "(5) to advise the Director and the chief elected official of the State on the status and impact of State and Federal programs and , services affecting low-income individuals in the State; and " (6) to assist programs funded under section 221 and section 222 • in coordinating and utilizing services available through other State agencies.", (c) The third sentence of section 232(b) of the Act (42 U.S.C. 2825 (b)) is amended by striking out "minimizing" and inserting in lieu thereof "preventing". 42 USC 2823. (d) Part C of title II of the Act (42 U.S.C. 2824 et seq.) is amended 42 USC 2829, by striking out section 236 and by redesignating section 237 as section 2830. ""'"' 236. (e) Section 236 of the Act, as so redesingated by subsection (d), is amended by striking out "two" and inserting in lieu thereof "six". GENERAL AND TECHNICAL PROVISIONS

SEC. 7. (a) Part D of title II of the Act (42 U.S.C. 2832 et seq.) is amended by striking out section 240. (b) Section 244(2) of the Act (42 U.S.C. 2836(2)) is amended by striking out "$15,000" each place it appears therein and inserting in lieu thereof "$18,000", and by striking out "(particularly in large metropolitan areas)". (c) Section 245 of the Act (42 U.S.C. 2837) is amended by striking out "eleven" and inserting in lieu thereof "fourteen". S P E C I A L P R O G R A M S TO C O M B A T POVERTY I N RURAL AREAS

SEC. 8. (a) Title III of the Act (42 U.S.C. 2855 et seq.) is amended— (1) by striking out the title "PART A—RURAL LOAN PROGRAMS";

42 USC 2861-2865, 2871.

(2) by striking out part B and part C thereof; and (3) by adding at the end thereof the following new section: V; u AUTHORIZATION OF APPROPRIATIONS

42 USC 2856. ^'-

'"-'^^

"SEC. 307. There is authorized to be appropriated for the purpose of carrying out the provisions of this title $3,000,000 for fiscal year 1979, $5,000,000 for fiscal year 1980, and $7,000,000 for fiscal year 1981.". (b)(1) Section 301 of the Act (42 U.S.C. 2841) is amended by striking out "part" and inserting in lieu thereof "title". (2) Section 306(d) of the Act (42 U.S.C. 2855(d)) is amended by striking out "part" each place it appears therein and inserting in lieu thereof "title".

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1149

 PUBLIC LAW 95-568—NOV. 2, 1978

92 STAT. 2429

ASSISTANCE FOR MIGRANT AND OTHER SEASONALLY EMPLOYED FARMWORKERS AND THE I R FAMILIES

SEC. 9. Title IV of the Act (42 U.S.C. 2701 et seq.) is amended to read as follows: "TITLE IV—ASSISTANCE FOR MIGRANT AND OTHER SEASONALLY EMPLOYED FARMWORKERS AND THEIR FAMILIES 'STATEMENT OF PURPOSE

"SEC. 401. The purpose of this title is to assist migrant and seasonal 42 USC 2901. farmworkers and their families to improve their living conditions and develop skills necessary for a productive and self-sufficient life in an increasingly complex and technological society.
 * (F I N A N C I A L

ASSISTANCE

"SEC. 402. (a) The Director may provide financial assistance to 42 USC 2902. assist State and local agencies, private nonprofit institutions, and cooperatives in developing and carrying out programs to fulfill the purpose of this title. "(b) Programs assisted under this title may include projects or activities— "(1) to meet the immediate needs of migrant and seasonal farmworkers and their families, such as day care for children, education, health services, improved housing and sanitation (including the provision and maintenance of emergency and temporary housing and sanitation facilities), legal advice and representation, and consumer training and counseling; "(2) to promote increased community acceptance of migrant and seasonal farmworkers and their families; and "(3) to equip unskilled migrant and seasonal farmworkers and members of their families, as appropriate, through education and developmental programs to meet the changing demands in agricultural employment brought about by technological advancement and to take advantage of opportunities available to improve their well-being and self-sufficiency by gaining regular or permanent employment or by participating in available federally assisted employment or training programs. "LIMITATIONS ON

ASSISTANCE

"SEC. 403. (a) Assistance may not be extended under this title 42 USC 2903. unless the Director determines that the applicant will maintain its prior level of effort in similar activities. "(b) The Director shall establish necessary procedures or require- Necessary ments to assure that programs under this title are carried out in procedures or coordination with other programs or activities providing assistance requirements. to the persons and groups served. " T E C H N I C A L ASSISTANCE, TRAINING AND EVALUATION

"SEC. 404. The Director may provide directly or through grants, con- 42 USC 2904. tracts, or other arrangements, such technical assistance or training of personnel as may be required to implement effectively the purpose of this title.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1150

 92 STAT. 2430

PUBLIC LAW 95-568—NOV. 2, 1978 u SPECIAL RESPONSIBIUTIES

42 USC 2905.

"SEC. 405. The Director shall be responsible for coordinating programs under this title with other Federal programs designed to assist or serve migrant and seasonal farmworkers, for reviewing and monitoring such programs, and for insuring that programs assisted under this title cooperate with and receive the cooperation of programs assisted under section 221 in communities which such programs mutually serve. Programs under this title shall be administered at the national level. uAUTHORIZATION OF APPROPRIATIONS

42 USC 2906.

"SEC. 406. There are authorized to be appropriated for carrying out the purposes of this title $3,000,000 for fiscal year 1979, $5,000,000 for fiscal year 1980, $8,000,000 for fiscal year 1981.". HEADSTART AND FOLLOW THROUGH

l^vu *- ^ y^

SEC. 10. (a) Section 512 of the Act (42 U.S.C. 2928a) is amended by striking out "1975 through 1977" and inserting in lieu thereof "1979 through 1981". (b)(1) Section 513(a) of the Act (42 U.S.C. 2928b(a)) is amended to read as follows: "(a)(1) Of the sums appropriated pursuant to section 512 for any fiscal year beginning after September 30, 1978, the Secretary shall allot such sums in accordance with paragraphs (2) through (4). "(2) The Secretary shall allot at least 78 percent among the States, in accordance with the latest satisfactory data available, so that equal proportions are distributed on the basis of— "(A) the relative number of recipients receiving payments ^.. under the program of aid to families with dependent children ""' under a State plan approved under part A of title IV of the Social 42 USC 601., Security Act m each State as compared to all States; and 5 "1 "(B) the relative number of related children from birth through 5 years of age living with families with incomes below the poverty line in each State as compared to all States. "(3)(A) Subject to the provisions of subsection (b), the Secretary shall reserve 20 percent of the sums so appropriated for each fiscal year for use in accordance with the following order of priorities: "(i) funding shall be given with equal consideration to Indian and migrant Headstart programs and to services for handicapped children, except that— " (I) there shall be made available, for use by Indian and „,^, migrant Headstart programs, nationally, no less funds for fiscal year 1979 and thereafter than were obligated for use by Indian and migrant Headstart programs m fiscal year .,.,v 19T8, and .,. '. '. " ( II) cost-of-living adjustments (which shall, at the mini-,.,,,, ^ mum reflect changes in the Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor) shall be made with respect to such Indian and migrant Headstart programs in fiscal year 1979 and thereafter; ci)' t; fJ-' J L-i- .-lu " (ii) payments shall be made available to each State or territory, ifj if necessary, to maintain such State or territory at a level of i. > funding equal to its level of funding for fiscal year 1978;

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1151

 PUBLIC LAW 95-568—NOV. 2, 1978 "(iii) training and technical assistance activities which, at a minimum, are sufficient to meet the needs associated with program expansion and to foster program and management improvement activities; and "(iv) subject to the provisions of subparagraph (B), the remainder in accordance with such criteria and procedures as the Secretary shall prescribe by regulation. " (B) Additional financial assistance for a fiscal year may be provided to a State if funds are available after meeting the requirements of clauses (i) through (iii) of subparagraph (A), for purposes other than assistance to Indian and migrant programs, services for handicapped children, payments under subparagraph (A) (ii), and training and technical assistance activities, only if such State's allotment for such fiscal year under paragraph (2) and subparagraph (A) (ii) is not greater than 175 percent of the amount such State is eligible to receive in such fiscal year under paragraph (2). "(4)(A) Subject to the provisions of subparagraph (E), the Secretary shall reserve 2 percent of the sums appropriated for— "(i) allotment among Guam, American Samoa, the Trust Territory of the Pacific Islands, the Northern Mariana Islands, and the Virgin Islands, according to their respective needs, and "(ii) the provision of assistance to States in accordance with the provisions of subparagraph (C). "(B) A State shall receive the total amount of assistance calculated under subparagraph (C) for any fiscal year if— "(i) such State receives an allotment under paragraph (2) and paragraph (3)(A) (ii) which is greater than 100 percent and less than 140 percent of the amount such State is eligible to receive under paragraph (2); or "(ii) such State receives an allotment under paragraph (2) only and such allotment, as compared to the total amount of assistance received by such State in the previous fiscal year, represents an increase which is less than 50 percent of the percentage increase in the appropriation for such fiscal year for which the determination is made as compared to the appropriation for the fiscal year preceding the fiscal year for which the determination is made. "(C) Except as provided in subparagraph (D), each State specified in subparagraph (B) shall receive a total amount of assistance for any fiscal year which is equal to the sum of— "(i) the amount of the allotment received by such State under paragraph (2); "(ii) the amount of any payments received by such State under paragraph (3)(A) (ii); and . "(iii) an amount equal to the difference between— ".(I) an amount equal to the sum of the total amount of j^. assistance received by such State for the fiscal year preceding the fiscal year for which the determination is made; and the amount derived by multiplying the total amount of assistance received by such State for the most recent fiscal year by a percentage equal to one-half of the percentage increase in the i /, \., appropriation for that fiscal year for which the determination is made as compared to the appropriation for the fiscal year preceding the fiscal year for which the determination is ifXl made; and " ( II) the total of the payments received by such State under paragraph (2) and paragraph (3)(A) (ii) for the fiscal year for which the determination is made.

92 STAT. 2431

Additional financial assistance.

Total amount of assistance.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1152

 92 STAT. 2432

»

«' 42 USC 2928b.

42 USC 2928a.

PUBLIC LAW 95-568—NOV. 2, 1978 In the case of any fiscal year for which there is no increase in the appropriation as compared to the appropriation for the preceding fiscal year, each State specified in subparagraph (B) shall receive a total amount of assistance for such fiscal year which is equal to the total amount of assistance such State received for such preceding fiscal year. In the case of any fiscal year for which there is a reduction in the appropriation as compared to the appropriation for the preceding fiscal year, the Secretary shall make such adjustments in the total amount of assistance which each State otherwise would receive under this subparagraph as may be necessary to assure an equitable distribution of such assistance under this subparagraph. "(D) For fiscal year 1979, each State described in subparagraph (B) shall receive payments in an amount equal to 69 percent of the percentage increase, up to 9 percent, in the appropriation for fiscal year 1979 over the appropriation for fiscal year 1978, or 50 percent of the percentage increase in the appropriation for fiscal year 1979 over the appropriation for fiscal year 1978. whichever is greater. " (E)(i) Any funds not allotted according to the provisions of this paragraph for any fiscal year shall be allotted according to the provisions of paragraph (2) to those States which, for such fiscal year, receive an allotment under paragraph (2) only. "(ii) If sums reserved under subparagraph (A) of this paragraph are insufficient in any fiscal year to carry out the provisions of subparagraphs (A), (B), (C), and (D) of this paragraph, the Secretary shall transfer from sums reserved under paragraph (3) an amount necessary to carry out such provisions.". (2) Section 513 of the Act is amended by redesignating subsections (b), (c), (d), and (e) as subsections (c), (d), (e), and (f), respectively and by inserting the following new subsection after subsection (a): "(b) Whenever funds appropriated pursuant to section 512 for any fiscal year beginning after September 30, 1978, are equivalent to, or exceed $800,000,000, the Secretary, pursuant to the provision of subsection (a)(3), shall reserve not more than 20 percent of $800,000,000 or 15 percent of the funds so appropriated, whichever is greater.". (c) Section 514 of the Act (42 U.S.'C. 2928c) is amended by adding at the end thereof the following new subsection: "(d) The Secretary shall require that the practice of significantly involving parents and area residents affected by the program in selection of Headstart agencies be continued.". (d) Section 515(b)(1) of the Act (42 U.S.C. 2928d(b)(l)) is amended by inserting "directly participate in decisions that" before "influence". (e) Section 517(b) of the Act (42 U.S.C. 2928f (b)) is amended by striking out "six" and inserting in lieu thereof "twelve". (f) Section 518(a) of the Act (42 U.S.C. 2928g(a)) is amended— (1) by inserting " (1) " after " (a) "; (2) by striking out "Such" in the second sentence and inserting in lieu thereof "Except as provided in paragraph (2) of this subsection, such"; (3) by redesignating clause (1) and clause (2) as clause (A) and clause (B), respectively; (4) by striking out " (1) " after "clause" and inserting in lieu thereof^'(A)"; and (5) by adding at the end thereof the following new paragraph:

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1153

 PUBLIC LAW 9 5 - 5 6 8 — N O V. 2, 1978

92 STAT. 2 4 3 3

" (2) Whenever a H e a d s t a r t program is operated in a community with, a population of 1,000 or less individuals and (A) there is no other preschool program in the community, (B) the community is located in a medically underserved area as designated by the Secretary pursuant to section 330(b)(3) of the Public Health Service Act and is located in a health manpower shortage area as designated by the Secretary pursuant to sections 332(a)(1) of such Act, (C) the community is in a location which, by reason of remoteness, does not permit reasonable access to the types of services described in clauses (A) and (B), and (D) not less than 50 per centum of the families to be served in the community are eligible under the eligibility criteria established by the Secretary under paragraph (1) of this subsection, the H e a d s t a r t program in each such locality shall establish the criteria for eligibility, except that no child residing in such community whose family is eligible under such eligibility criteria shall, by virtue of such project's eligibility criteria, be denied an opportunity to participate in such program.". (g) Section 523(b) of the Act (42 U.S.C. 2928(b)) is amended— (1) by inserting " (1) " after "subsection (a) "; (2) by striking out "subsection (b) " and inserting in lieu thereof "subsection (a)(2) "; and (3) by striking out " t h i r t y " the second place it appears therein and inserting in lieu thereof "ninety". (h) Subsections (c) and (d) of section 523 of the Act (42 U.S.C. 2928(c), (d)) are amended by striking out "Director" each place it appears therein and inserting in lieu thereof "Secretary". (i) Section 524(b) of the Act (42 U.S.C. 2928m(b)) is amended to read as follows: " (b) The Secretary shall operate the programs and projects covered by this part in accordance with H e a d s t a r t performance standards. Any revisions in such standards shall result in standards which are no less comprehensive than those in effect on the date of the enactment of the Economic O p p o r t u n i t y Amendments of 1978. The extent to which such standards have been met shall be considered in deciding whether to renew or supplement financial assistance authorized under this part.".

eriteria for eligibility, 42 USC 254c. 42 USC 254e.

42 USC 2928/.

42 USC 2928Z.

Administration.

Ante, p. 2425

FOLLOW THROUGH PROGRAM

SEC. 11. (a) Section 551(a)(1) of the Act (42 U. S. C 2929(a)(1)) is amended by a d d i n g at the end thereof the following new sentence: " Other children in kindergarten and p r i m a r y grades, including such other children enrolled in private nonprofit elementary schools, who were previously enrolled in preschool programs of a compensatory nature which received Federal financial assistance may participate in such Follow Through programs.". (b) Section 551(a)(3) of the Act is amended by striking out "the Secretary determines", and by inserting "educational, health, nutritional, social, and other" after "comprehensive". (c) The first sentence of section 552(a) of the Act (42 U.S.C. 2929a (a)) is amended to read as follows: " (a) There is authorized to be appropriated for carrying out the purposes of this part $70,000,000 for fiscal year 1979, $85,000,000 for fiscal year 1980, and $100,000,000 for fiscal year 1981.". (d) Part B of title V of the Act (42 U.S.C. 2929 et seq.) is amended— 42 USC 2929b. (1) by striking out section 553; 42 USC 2929c. (2) by redesignating section 554 as section 557; and (3) by inserting after section 552 the following new sections:

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1154

 92 STAT. 2434

PUBLIC LAW 95-568—NOV. 2, 1978 'RESEARCIT, D E M O N S T R A T I O N, A N D P I L O T P R O J E C T S

Grants or contracts.

42 USC 2929b.

Overall plan, establishment.

"SEC. 553. (a) The Secretary may provide financial assistance through grants or contracts for research, demonstration, or pilot projects conducted by public and private agencies which are designed to test or assist in the development of new approaches or methods that will aid in overcoming special problems or in otherwise furthering the purposes of this part. "(b) The Secretary shall establish an overall plan to govern the approval of research, demonstration, or pilot projects and the use of all research authority under this part. Such plan shall set forth specific objectives to be achieved and priorities among such objectives. A N N O U N C E M E N T OF RESEARCH, DEMONSTRATION, AND PILOT PROJECT CONTRACTS

42 USC 2929b-l.

Summaries, submission to Congress.

"SEC. 554. (a) The Secretary shall make a public announcement concerning— "(1) the title, purpose, intended completion date, identity of the grantee or contractor, and proposed cost of any grant or contract with a private or non-Federal public agency or organization for any research, demonstration, or pilot project under this part; and "(2) the results, findings, data, or recommendations made or reported as a result of such activities. "(b) The public announcements required by subsection (a)(1) shall be made not later than 30 days of making such grants or contracts, and the public announcements required by subsection (a)(2) shall be made not later than 90 days of the receipt of such results. "(c) The Secretary shall take necessary action to assure that all studies, proposals, and data produced or developed with Federal funds employed under this part shall become the property of the United States. "(d) The Secretary shall publish summaries of the results of activities carried out pursuant to this part not later than 90 days after the completion thereof. The Secretary shall submit to the appropriate committees of the Congress copies of all such summaries. "EVALUATION

42 USC 2929b-2.

General standards, publication.

"SEC. 555. (a) The Secretary shall provide, directly or through grants or contracts, for the continuing evaluation of programs under this part, including evaluations that measure and evaluate the impact of programs authorized by this part, in order to determine their effectiveness in achieving stated goals, their impact on related programs, and their structure and mechanism for delivery of services, including, where appropriate, comparisons with appropriate control groups composed of persons who have not participated in such programs. Evaluations shall be conducted by persons not directly involved in the administration of the program or project evaluation. " (b) The Secretary shall develop and publish general standards for evaluation of program and project effectiveness in achieving the objectives of this part. The extent to which such standards have been met shall be considered in deciding whether to renew or supplement financial assistance authorized under this part. " (c) In carrying out evaluations under this part, the Secretary shall, whenever feasible, arrange to obtain the specific views of persons parti-

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1155

 PUBLIC LAW 95-568—NOV. 2, 1978 cipating in and served by programs and projects assisted under this part about such programs and projects. "(d) The Secretary shall publish the results of evaluative research and summaries of evaluations of program and project impact and effectiveness not later than 90 days after the completion thereof. The Secretary shall submit to the appropriate committees of the Congress copies of all such research studies and evaluation summaries. "(e) The Secretary shall take the necessary action to assure that all studies, evaluations, proposals, and data produced or developed with assistance under this section become the property of the United States. ( TECHNICAL ' <

92 STAT. 2435

Research studies and evaluation summaries, submission to congressional committees.

ASSISTANCE AND TRAINING

"SEC. 556. The Secretary may provide, directly or through grants or Grants. other appropriate arrangements (1) technical assistance to Follow 42 USC Through programs in developing, conducting, and administering pro- 2929b-3. grams under this part, and (2) training for specialized or other personnel which is needed in connection with Follow Through programs.". DAY CARE PROJECTS

SEC. 12. Section 583 of the Act (42 U.S.C. 2933) is amended by striking out "ten" and inserting in lieu thereof "thirteen". ADMINISTRATION AND COORDINATION

SEC. 13. (a)(1) The first sentence of section 601(c) of the Act (42 U.S.C. 2941(c)) is amended by striking out "Subject to the provisions of subsection (e) of this section, the" and inserting in lieu thereof "The". (2) The last sentence of section 601(c) of the Act (42 U.S.C. 2941(c)) is amended to read as follows: "The Director shall promulgate rules and regulations regarding the final approval of grants and contracts.". (3) Section 601 of the Act (42 U.S.C. 2941) is amended by striking out subsections (e), (f), (g),and (h). (b) Section 602(d) of the Act (42 U.S.C. 2942(d)) is amended by striking out "with the approval of the President,". (c)(1) The first sentence of section 605(a) of the Act (42 U.S.C. 2945(a)) is amended by striking out "twenty-one" and inserting in lieu thereof "fifteen". (2) The second sentence of section 605(a) of the Act (42 U.S.C. 2945(a)) is amended to read as follows: "Of such members, five shall be appointed from among poor persons, five shall be appointed from among individuals who represent poor persons, and five shall be appointed from among members of the general public". (3) Section 605 of the Act (42 U.S.C. 2965) is amended by adding 42 USC 2945. at the end thereof the following new subsection: "(d) The Advisory Council may not make expenditures or incur obligations, from sums available to carry out this section, which exceed $225,000 for fiscal year 1979, $250,000 for fiscal year 1980, and $275,000 for fiscal year 1981.". (d) Section 608 of the Act (42 U.S.C. 2948) is amended by inserting before the period at the end thereof a comma and the following: "and shall include the types of services delivered by community action agencies and other programs funded under this Act". i

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1156

 PUBLIC LAW 95-568—NOV. 2, 1978

92 STAT. 2436 42 USC 2950, 2951. 42 USC 2951.

42 USC 2971, 2971a-2971g.

42 USC 2980.

(e) Part A of title VI of the Act (42 U.S.C. 2941 et seq.) is amended by redesignating section 610 as section 609 and section 610-1 as section 610. (f) Section 610(b) of the Act, as so redesignated by subsection (e), is amended by striking out "$6,000" and inserting in lieu thereof "$8,000". (g) Section 615 of the Act (42 U.S.C. 2965) is amended by striking out "eleven" and inserting in lieu thereof "fourteen". (h) Section 620 of the Act (42 U.S.C. 2970) is amended by striking out the last sentence thereof. (i) Part A of title VI of the Act (42 U.S.C. 2940 et seq.) is amended by striking out section 621, and by redesignating section 622 through section 628 as section 621 through section 627, respectively. (j) Section 632(3) of the Act (42 U.S.C. 2974(3)) is amended by inserting after "time." the following new sentence: "The Director shall consult with community action agencies and State offices of economic opportunity in the development of such plan.". (k) Part B of title VI of the Act (42 U.S.C. 2972 et seq.) is amended by redesignating section 638 as section 639 and by inserting after section 637 the following new section: uKEGIOXAL

42 USC 2979a.

OFFICES

" SEC. 638. (a) The Director may utilize regional Community Services Administration offices for the purpose of— " (1) carrying out the national responsibilities and directives delegated to the m; " (2) processing and finalizing g r a n t s and contracts authorized under this Act; " (3) monitoring and evaluating programs funded under this ' Act within that designated region; " (4) monitoring and evaluating on an annual basis all relevant ' » regulations and guidelines applicable to programs funded under this Act within that designated region; and X ' " (5) providing technical assistance to local community action agencies and other programs funded under this Act. " (b) The Director shall monitor and evaluate at least annually the activities of regional offices as described in subsection (a). ". COMMUNITY ECONOMIC DEVELOPMENT

42 USC 2981b.

SEC. 14. (a) Section 703 of the Act (42 U.S.C. 2981 (b)) is amended to read as follows: J

4 >V; M

" AUTHORIZATION OF APPROPRIATIONS

" SEC. 703. For the purpose of carrying out this title, there is authorized to be appropriated $70,000,000 for fiscal year 1979, $85,000,000 for fiscal year 1980, and $105,00,000 for fiscal year 1981. Any sums appropriated under t h i s section shall remain available until expended.". (b) Title VII of the Act (42 U.S.C. 2981 et seq.) is amended by inserting after section 703 the following new section: "ADVISORY COMMUNITY INVESTMENT BOARDS

Establishment. 42 USC 2981c.

" SEC. 704. (a) The President is authorized to establish a National Advisory Community Investment B o a r d (hereinafter i n t h i s section referred to as the 'Investment B o a r d '). Such Investment Board shall

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1157

 PUBLIC LAW 95-568—NOV. 2, 1978 be composed of fifteen members appointed, for staggered terms and without regard to the civil service laws, by the President, in consultation with the Director. Such members shall be representative of the investment and business communities and appropriate fields of endeavor related to this title. The Investment Board shall meet at the call of the chairperson, but not less often than three times each year. The Director and the administrator of community economic development programs shall be ex officio members of the Investment Board. "(b) The Investment Board shall promote cooperation between private investors and businesses and community development corporation projects through— "(1) advising the Director and the community development corporations on ways to facilitate private investment; " (2) advising businesses and other investors of opportunities in community development corporation projects; and "(3) advising the Director, Community development corporations, and private investors and businesses of ways in which they might engage in mutually beneficial efforts. "(c) The governing body of each Community Development Corporation may establish an advisory community investment board composed of not to exceed 15 members who shall be appointed by the governing body after consultation with appropriate local officials. Each such board shall promote cooperation between private investors and businesses and the governing body of the Community Development Corporation through— "(1) advising the governing body on ways to facilitate private investors; " (2) advising businesses and other investors of opportunities in Community Development Corporation projects; and "(3) advising the governing body, private investors, and businesses of ways in which they might engage in mutually beneficial ! efforts.". -; (c) Section 712(a) of the Act (42 U.S.C. 2982a(a)) is amended— (1) by striking out "economic and" in paragraph (1), and by inserting "and commercial" after "business"; (2) by inserting "physical" after "community" in paragraph (2);

,

.

92 STAT. 2437 Membership.

Meetings. Ex officio members. Cooperation between private investors and others.

Advisory community investment board; establishment, membership.

.

(3) by inserting before the semicolon in paragraph (3) a comma and the following: "and in section 222(a)(7) of this Act"; 1 (4) by striking out "economic" in paragraph (4) and inserting in lieu thereof "business and commercial"; and (5) by inserting "recreation services," after "energy conserva[ tion," in paragraph (4). (d) Section 713(b) of the Act (42 U.S.C. 2982b(b)) is amended by striking out "an" and inserting in lieu thereof "a substantial". (e) Section 713 of the Act (42 U.S.C. 2982b) is amended by adding at the end thereof the following new subsection: "(d) Financial assistance for commercial development under this part shall not be extended until the community economic development program that has applied for assistance under this title has specified in some detail its development goals and its development timetable. The Director, in providing continued financial assistance to a community economic development program, shall give serious consideration to the experience that program has had in meeting development goals or in adhering to development timetables.". (f) Section 714 of the Act (42 U.S.C. 2982c) is amended to read as follows:

42 USC 2809.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1158

 92 STAT. 2438

PUBLIC LAW 95-568—NOV. 2, 1978 'FEDERAL SHARE

42 USC 2982c. Ante, p. 2437. Non-Federal contributions. Grantees.

Proceeds from Federal property.

Assets purchased with grant funds. 42 USC 2983a.

42 USC 2781.

15 USC 637. 42 USC 29850-1, 2985d-2985g.

"SEC. 714. (a)(1) Assistance provided under this title to any program described in section 712(a) shall not exceed 90 per centum of the cost of such program including costs of administration unless the Director determines that the assistance in excess of such percentage is required in furtherance of the purposes of this title. Non-Federal contributions may be in cash or in kind, fairly evaluated, including but not limited to plant, equipment, and services. "(2) The assistance referred to in paragraph (1) shall be made available (A) for deposit to the order of grantees which have demonstrated successful program performance, under conditions which the Director deems appropriate, within thirty days following approval of the grant agreement by the Director and such grantee, or (B) whenever the Director deems appropriate, in accordance with applicable rules and regulations prescribed by the Secretary of the Treasury, and including any other conditions which the Director deems appropriate, within 30 days following approval of the grant agreement by the Director and such grantee. "(b) Property acquired as a result of capital investments made by any community development corporation with funds granted as its Federal share of the cost of programs carried out under this title, and the proceeds from such property, shall become the property of the community development corporation and shall not be considered to be Federal property. The Federal Government retains the right to direct that on severance of the grant relationship the assets purchased with grant funds shall continue to be used for the original purpose for which they were granted.". (g) Section 722(b) of the Act (42 U.S.C. 2983) is amended by inserting "or local public and private nonprofit organizations or agencies^' after "local cooperative associations". (h) The first sentence of section 731(a) of the Act (42 U.S.C. 2984 (a)) is amended to read as follows: "The Director is authorized to make or guarantee loans (either directly or in cooperation with banks or other organizations through agreements to participate on an immediate or deferred basis) to community development corporations, to families and local cooperatives and the designated supportive organizations of cooperatives eligible for financial assistance under this title, to community action agencies and other community-based organizations eligible for financial assistance under title 11 of this Act, or to public and private nonprofit organizations or agencies, for business facilities and community development projects, including community development credit unions, which the Director determines will carry out the purposes of this part.". (i) Section 732(b) of the Act (42 U.S.C. 2984a(b)) is amended by striking out "1975" and inserting in lieu thereof "1979". (j) Section 742(a)(2) of the Act (42 U.S.C. 2985a(a)(2)) is amended— (1) by striking out "prescribe such" and inserting in lieu thereof "promulgate"; (2) by striking out "as may be necessary and appropriate";, (3) by inserting ", including, but not limited to, programs under section 8(a) of the Small Business Act" before the period. (k) Title VII of the Act (42 U.S.C. 2981 et seq.) is amended by striking out section 745 and by redesignating sections 746, 747, 748, and 749 as sections 745,746,747, and 748, respectively.
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Page:United States Statutes at Large Volume 92 Part 2.djvu/1159

 PUBLIC LAW 95-568—NOV. 2, 1978

92 STAT. 2439

(1) Section 746(b) of the Act, as so redesignated by subsection (k), 42 USC 2985e. is amended by inserting "and demonstration projects" after "research". XATIVE AMERICAN PROGRAMS

SEC. 15. Section 814 of the Act (42 U.S.C. 2992d) is amended by striking out "1975 through 1977" and inserting in lieu thereof "1979 through 1981". EVALUATION

SEC. 16. Title IX of the Act (42 U.S.C. 2995 et seq.) is amended by adding at the end thereof the following new section: "AUTHORIZATION OF APPROPRIATIONS

"SEC. 904. There is authorized to be appropriated for the purpose of 42 USC 2995c. carrying out the provisions of this title $4,000,000 for fiscal year 1979, $7,000,000 for fiscal year 1980, and $10,000,000 for fiscal year 1981.". TECHNICAL AMENDMENTS

SEC. 17. (a)(1) Section 2 of the Act (42 U.S.C. 2701) is amended by striking out "his capabilities" and inserting in lieu thereof "the capabilities of such individual". (2) Section 102(c) of the Act is amended by striking out "him" the 42 USC 2712. first place it appears therein and inserting in lieu thereof "such chief executive officer", and by striking out "him" the last place it appears therein and inserting in lieu thereof "the Director". (3)(A) Section 210(d) of the Act (42 U.S.C. 2790(d)) is amended by striking out "he" and inserting in lieu thereof "the Director". (B) Section 210(f) of the Act is amended— (i) by striking out "In carrying out his responsibilities under this part the Director" and inserting in lieu thereof "The Director, in carrying out the responsibilities of the Director under this part,"; and (ii) by striking out "him, as he" and inserting in lieu thereof "the Director, as the Director". (4) Section 211(d)(1) of the Act (42 U.S.C. 2791(d)(1)) is amended by striking out "he" and inserting in lieu thereof "the Director". (5) Section 213(b) of the Act (42 U.S.C. 2796(b)) is amended by striking out "He" and inserting in lieu thereof "The Director". (6)(A) Section 221(a) of the Act (42 U.S.C. 2808(a)) is amended by striking out "He" and inserting in lieu thereof "The Director". (B) Section 221(b) of the Act (42 U.S.C. 2808(b)) is amended by striking out "he" each place it appears therein and inserting in lieu thereof "the Director". (C) Section 221(d) of the Act (42 U.S.C. 2808(d)) is amended by striking out "He" and inserting in lieu thereof "The Director". (D) Section 221(e) of the Act (42 U.S.C. 2808(e)) is amended by striking out "he" each place it appears therein and inserting in lieu thereof "the Director". (7)(A) The second sentence of section 222(a) of the Act (42 U.S.C. 2809(a)) is amended by striking out "him" and inserting in lieu thereof "the Director". (B) The fourth sentence of section 222(a) of the Act (42 U.S.C. 2809(a)) is amended by striking out "he" and inserting in lieu thereof "the Director".

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1160

 92 STAT. 2440 Ante,Tp. 2426.

3?

PUBLIC LAW 95-568—NOV. 2, 1978 (C) Section 222(a)(4) of the Act, as so redesignated by section 6 (a)(2), is amended— (i) by striking out "he" each place it appears therein and inserting in lieu thereof "the Director"; and (ii) by striking out "his adjusted family income" and inserting in lieu thereof "the adjusted family income of such applicant". (8)(A) Section 225(a) of the Act (42 U.S.C. 2812(a)) is amended by striking out "He" and inserting in lieu thereof "The Director", and by striking out "he" and inserting in lieu thereof "the Director". (B) Section 225(b) of the Act (42 U.S.C. 2812(b)) is amended by striking out "he" and inserting in lieu thereof "the Director". (C) Section 225(c) of the Act (42 U.S.C. 2812(c)) is amended by striking out "he" and inserting in lieu thereof "the Director". (D) Section 225(d) of the Act (42 U.S.C. 2812(d)) is amended by striking out "satisfies himself" and inserting in lieu thereof "is satisfied" (9) Section 227(c) of the Act (42 U.S.C. 2814(c)) is amended by striking out "he" and inserting in lieu thereof "the Director". (10) Section 231(d) of the Act (42 U.S.C. 2824(d)) is amended— (A) by striking out "he" each place it appears therein and ,l,i (B) by striking out "his findings" and inserting in lieu thereof "the findings of the Director"; and • (C) by striking out "him" and inserting in lieu thereof "the Director". (11)(A) Section 232(a) of the Act (42 U.S.C. 2825(a)) is amended by striking out "He" and inserting in lieu thereof "The Director". (B) Section 232(d) of the Act (42 U.S.C. 2825(d)) is amended by striking out "him" and inserting in lieu thereof "the Director". (12) Section 235(b) of the Act (42 U.S.C. 2828(b)) is amended by striking out "satisfies himself" and inserting in lieu thereof "is S3jtlSllP(l
 * „. inserting in lieu thereof "the Director";

(13)(A) Section 241(b) of the Act (42 U.S.C. 2833(b)) is amended by striking out "he" and inserting in lieu thereof "the Director". (B) Section 241(c) of the Act (42 U.S.C. 2833(c)) is amended by striking out "he" and inserting in lieu thereof "the Director". (14) Section 242 of the Act (42 U.S.C. 2834) is amended by striking out "him" and inserting in lieu thereof "the Director". (15)(A) Section 243(c) of the Act (42 U.S.C. 2835 (c)) is amended by striking out "he" and inserting in lieu thereof "the Director". ' (B) Section 243(d) of the Act (42 U.S.C. 2835(d)) is amended by striking out "he" and inserting in lieu thereof "the Director". (16)(A) Section 244(4) of the Act (42 U.S.C. 2836(4)) is amended— (i) in subparagraph (A) thereof, by striking out "his or her" and inserting in lieu thereof "the"; (ii) in subparagraph (A) thereof, by inserting "of such individual" after "religious beliefs"; and (iii) in subparagraph (B) thereof, by striking out "he or she" and inserting in lieu thereof "such individual". (B) Section 244(7) of the Act (42 U.S.C. 2836(7)) is amended— (i) by striking out "he" each place it appears therein and inserting in lieu thereof "the Director"; (ii) by striking out "him" and inserting in lieu thereof "the Director"; and (iii) by striking out "his judgment" and inserting in lieu thereof "the judgment of the Director".

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1161

 PUBLIC LAW 95-568—NOV. 2, 1978

92 STAT. 2441

(17) Section 513(b) of the Act (42 U.S.C. 2928b(b)) is amended Ante, p. 2432. by striking out "he" and inserting in lieu thereof "the Secretary". (18) Section 516 of the Act (42 U.S.C. 2928e) is amended by striking out "him" and inserting in lieu thereof "the Secretary". (19)(A) Section 517(b) of the Act (42 U.S.C. 2928f(b)) is amended— (i) by striking out "he" each place it appears therein and inserting in lieu thereof "the Secretary"; (ii) by striking out "him" and inserting in lieu thereof "the Secretary"; and (iii) by striking out "his judgment" and inserting in lieu thereof "the judgment of the Secretary". (B) Section 517(c) of the Act (42 U.S.C. 2928f(c)) is amended by striking out "He" and inserting in lieu thereof "The Secretary". (20) Section 519(1) of the Act (42 U.S.C. 2928h(l)) is amended by striking out "he" and inserting in lieu thereof "the Secretary". (21) Section 525(a) of the Act (42 U.S.C. 2928n(a)) is amended by striking out "he" and inserting in lieu thereof "the Secretary". (22) Section 551(a) of the Act (42 U.S.C. 2929(a)(2)) is amended by striking out "he" each place it appears therein and inserting in lieu thereof "the Secretary". (23) Section 552(b) of the Act (42 U.S.C. 2929a(b)) is amended by striking out "he" and inserting in lieu thereof "the Secretary". (24) Section 582(e) of the Act (42 U.S.C. 2932(e)) is amended by striking out "he" and inserting in lieu thereof "the Secretary". (25)(A) Section 601(d)(1) of the Act (42 U.S.C. 2941(d)(1)) is amended by striking out "his designee" and inserting in lieu thereof "the designee of the Director". (B) Section 601(d)(3) of the Act (42 U.S.C. 2941 (d)(3)) is amended by striking out "his official capacity" and inserting in lieu thereof "the official capacity of such officer". (26)(A) That portion of section 602 of the Act (42 U.S.C. 2942) which precedes paragraph (a) of such section is amended— (i) by striking out "him" and inserting in lieu thereof "the Director"; and (ii) by striking out "his functions" and inserting in lieu thereof "the functions of the Director". (B) Section 602(c) of the Act (42 U.S.C. 2942(c)) is amended— (i) by striking out "he" and inserting in lieu thereof "the Director"; (ii) by striking out "him" and inserting in lieu thereof "the Director"; and (iii) by striking out "his functions" and inserting in lieu thereof "the functions of the Director". (C) Section 602(d) of the Act (42 U.S.C. 2942(d)) is amended— (i) by striking out "his functions" and inserting in lieu thereof "the functions of the Director"; and (ii) by striking out "his powers" and inserting in lieu thereof "the powers of the Director". (D) Section 602(h) of the Act (42 U.S.C. 2942(h)) is amended by striking out "he" and inserting in lieu thereof "the Director". (E) Section 602(i) of the Act (42 U.S.C. 2942(i)) is amended by striking out "he" and inserting in lieu thereof "the Director". (F) Section 602(k) of the Act (42 U.S.C. 2942(k)) is amended by striking out "him" each place it appears therein and inserting in lieu thereof "the Director"; (G) Section 602(1) of the Act (42 U.S.C. 2942(1)) is amended by striking out "him" each place it appears therein and inserting in lieu thereof "the Director".

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1162

 92 STAT. 2442

42 USC 2950. 42 USC 2951.

42 USC 2971g.

PUBLIC LAW 95-568—NOV. 2, 1978 (H)(i) Section 602(m)(2) of the Act (42 U.S.C. _ 2 ^ 2 (m)(2)) is amended by striking out " h i m " and inserting in lieu thereof "the Director". (ii) Section 602(m)(2)(B) of the Act (42 U.S.C. 2942(m)(2)(B)) is amended by striking out "his intention" and inserting in lieu thereof "the intention of the Director". (I) Section 602(n) of the Act (42 U.S.C. 2942(n)) is amended by striking out " h e " and inserting in lieu thereof "the Director". (27) Section 603(c) of the Act (42 U.S.C. 2943(c)) is amended by striking out "in his" and inserting in lieu thereof "while acting in an". (28) Section 606(c) of the Act (42 U.S.C. 2946(c)) is amended by striking out " h e " and inserting in lieu thereof "the Comptroller General". (29) Section 609 of the Act, as so redesignated in section 13(e), is amended by striking out "his responsibilities" and inserting in lieu ther-eof "the responsibilities of the Director". (30) Section 610(b) of the Act, as so redesignated in section 13 (e), is amended— (A) by striking out " h e " and inserting in lieu thereof "such person"; and (B) by striking out "his immediately preceding employment" and inserting in lieu thereof "the immediately preceding employment of such person". (31) Section 611 of the Act (42 U.S.C. 2961) is amended— (A) by striking out "his poverty" and inserting in lieu thereof "the poverty of such person"; (B) by striking out "his lack of income" and inserting in lieu thereof "the lack of income of such person"; (C) by striking out "his refusal" and inserting in lieu thereof "the refusal of such person"; and (D) by striking out "his health, age, education, and ability" and inserting in lieu thereof "the health, age, education, and ability of such person". (32) Section 627 of the Act, as so r e d e s i g n a t e in section 1 3 (i), is amended— (A) by striking out "or his delegate" each place it appears therein; and (B) by striking out " h i m " and inserting in lieu thereof "the Director". (33)(A) Section 631(a) of the Act (42 U.S.C. 2973(a)) is amended by striking out "his stead in the event of his unavoidable absence" and inserting in lieu thereof "place of such memlx'r in the event of the unavoidable absence of such member". (B) Section 631(c) of the Act (42 U.S.C. 2973(c)) is amended— (i) by striking out " h i m " and inserting in lieu thereof "the Executive Secretary"; and (ii) by striking out "his duties" and inserting in lieu thereof "the duties of the Executive Secretary". (34)(A) That portion of section 632 "of the Act (42 U.S.C. 2974) which precedes paragraph (1) is amended by striking out "his other powers" and inserting in lieu thereof "the other powers of the Directoi'". (B) Section 632(1) of the Act (42 U.S.C. 2974(1)) is amended by striking out "his own initiative" and inserting in lieu thereof "the initiative of the Director".

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1163

 PUBLIC LAW 95-568—NOV. 2, 1978 (35) Section 635(b) of the Act (42 U.S.C. 2977(b)) is amended by striking out " H e " and inserting in lieu thereof "The Director". (36) That portion of section 713(a) of the Act (42 U.S.C. 2982b (a)) which precedes paragraph (1) is amended by striking out "he" each place it appears therein and inserting in lieu thereof "the Director". (37)(A) Section 731(b) of the Act (42 U.S.C. 2984(b)) is amended by striking out "him" and inserting in lieu thereof "the Director", and by striking out "he" and inserting in lieu thereof "the Director". (B) Section 731(c)(3) of the Act (42 U.S.C. 2984(c)(3)) is amended by striking out "he" and inserting in lieu thereof "the Director". (39)(A) Section 803(b) of the A.ct (42 U.S.C. 2991b (b)) is amended by striking out "he" and inserting in lieu thereof "the Secretary". (B) Section 803(c) of the Act (42 U.S.C. 2991b(c)) is amended by striking out "he" and inserting in lieu thereof "the Secretary". (40)(A) Section 807(b) of the Act (42 U.S.C.2991f(b)) is amended by striking out "his decision" and inserting in lieu thereof "the decision of the Secretary". (B) Section 807(c) of the Act (42 U.S.C. 2991f (c)) is amended by striking out "his decision" and inserting in lieu thereof "the decision of the Secretary". (41) Section 812(a) of the Act (42 U.S.C. 2992b (a)) is amended— (A) by striking out "his functions, powers, and duties" and inserting in lieu thereof "the functions, powers, and duties of the Secretary"; and (B) by striking out "he" and inserting in lieu thereof "the Secretary". (42)(A) Section 901(a)(2) of the Act (42 U.S.C. 2995(a)(2)) is amended by striking out "his responsibilities" and inserting in lieu thereof "the responsibilities of the Director". (B) Section 901(a)(3) of the Act (42 U.S.C. 2995(a)(3)) is amended by striking out "he" and inserting in lieu thereof "the Director". (43) Section 902(a) of the Act (42 U.S.C. 2995a(a)) is amended by striking out "him" and inserting in lieu thereof "the Director". (b) The second sentence of section 225(c) of the Act (42 U.S.C. 2812(c)) is amended by striking out "title, non-Federal" and inserting in lieu thereof "title. Non-Federal". Approved November 2, 1978.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 9 5 - 1 1 5 1 (Coram, on Education and Ubor) and No. 9 5 - 1 7 6 6 (Corara. of Conference). SENATE REPORT No. 9 5 - 8 9 2 accompanying S. 2090 (Coram, on Human Resources). CONGRESSIONAL RECORD, Vol. 124 (1978): July 24, 26, considered and passed House. Aug. 1, 2, S. 2090 considered and passed Senate; proceedings vacated, and H.R. 7577, araended, passed in lieu. Oct. 15, House and Senate agreed to conference report.

92 STAT. 2443

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1164

 92 STAT. 2444

PUBLIC LAW 95-569—NOV. 2, 1978

Public Law 95-569 95th Congress An Act Nov. 2, 1978 [S. 1029] Smithsonian Institution. Construction of support museum facilities. 20 USC 50 note.

Appropriation authorization. Transfers to GSA.

To authorize the Smithsonian Institution to construct support museum facilities.

Be it enacted by the Senate and House of Representatives of the United States of Americofn in Congress assembled, That (a) the first section of the Act entitled "An Act to authorize the Smithsonian Institution to plan museum support facilities", approved September 19, 1975 (Public Law 94—98), is amended by inserting ", and to construct," after "to prepare plans for". (b) The first section of such Act is further amended by adding at the end thereof the following new sentence: "No appropriation shall be made to construct the facilities authorized by this Act until the Committee on Public Works and Transportation of the House of Representatives and the Committee on Eules and Administration of the Senate, by resolution approve the final plans and specifications of such facilities.". (c) Effective October 1, 1979, section 3 of such Act is amended to read as follows: "SEC. 3. There is authorized to be appropriated to the Smithsonian Institution $21,500,000 to carry out the purposes of this Act. Any portion of the sums appropriated for such purposes may be transferred to the General Services Administration which, in consultation with the Smithsonian Institution, is authorized to enter into contracts and take such other action, to the extent of the sums so transferred to it, as may be necessary to carry out such purposes.". Approved November 2, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1559 (Comm. on Public Works and Transportation). SENATE REPORT No. 95-783 (Comm. on Rules and Administration). CONGRESSIONAL RECORD, Vol. 124 (1978): May 9, considered and passed Senate. Sept. 25, considered and passed House, amended. Oct. 2, Senate concurred in House amendments with an amendment. Oct. 14, House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1165

 PUBLIC LAW 95-570—NOV. 2, 1978

92 STAT. 244>5

Public Law 95-570 95th Congress An Act To clarify the authority for employment of personnel in the White House Office and the Executive Residence at the White House, to clarify the authority for employment of personnel by the President to meet unanticipated needs, and for other purposes.

Nov. 2, 1978 [H.R. 11003]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) sections White House 105 and 106 of title 3, United States Code, are amended to read as Office and Executive follows:

Residence. Personnel " SEC. 105. (a)(1) Subject to the provisons of paragraph (2) of this employment, authority subsection, the President is authorized to appoint and fix the pay of clarification. employees in the W h i t e House Office without regard to any other Appointment. "ASSISTANCE AND SERVICES FOR THE PRESIDENT

provision of law regulating the employment or compensation of persons in the Government service. Employees so appointed shall perform such official duties as the President may prescribe. " (2) The President may, under paragraph (1) of this subsection, appoint and fix the pay of not more than — " (A) 25 employees at rates not to exceed the rate of basic p a y then currently paid for level II of the Executive Schedule of section 5313 of title 5; and in addition " (B) 25 employees at rates not to exceed the r a t e of basic pay then currently paid for level III of the Executive Schedule of section 5314 of title 5; and in addition " (C) 50 employees at rates not to exceed the maximum rate of basic pay then currently paid for GS-18 of the General Schedule of section 5332 of title 5; and in addition " (D) such number of other employees as he may determine to be appropriate at rates not to exceed the minimum rate of basic pay then currently paid for G S - 1 6 of the General Schedule of section 5332 of title 5. " (b)(1) Subject to the provisions of paragraph (2) of this subsection, the President is authorized to appoint and fix the pay of employees in the Executive Residence at the W h i t e House without regard to any other provision of law regulating the employment or compensation of persons in the Government service. Employees so appointed shall perform such official duties as the President may prescribe. " (2) The President may, under paragraph (1) of this subsection, appoint and fix the pay of not more than— " (A) 3 employees at rates not to exceed the maximum rate of basic pay then currently paid for G S - 1 8 of the General Schedule of section 5332 of title 5; and in addition " (B) such number of other employees as he may determine to be a p p r o p r i a t e at rates not to exceed the minimum rate of basic p a y then currently paid for G S - 1 6 of the General Schedule of section 5332 of title 5. " (c) The President is authorized to procure for the W h i t e House Office and the Executive Residence at the W h i t e House, as provided in appropriation Acts, temporary or intermittent services of experts

5 USC 5332 note.

Appointment.

Experts and consultants, temporary or intermittent services.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1166

 92 STAT. 2446

5 USC 5332 note.

Appropriation authorization.

Certification and report to Congress.

PUBLIC LAW 95-570—NOV. 2, 1978

and consultants, as described in and in accordance with the first two sentences of section 3109(b) of title 5— "(1) in the case of the White House Office, at respective daily rates of pay for individuals which are not more than the daily equivalent of the rate of basic pay then currently paid for level II of the Executive Schedule of section 5313 of title 5; and "(2) in the case of the Executive Eesidence, at respective daily rates of pay for individuals which are not more than the daily equivalent of the maximum rate of basic pay then currently paid for GS-18 of the General Schedule of section 5332 of title 5. Notwithstanding such section 3109(b), temporary services of any expert or consultant described in such section 3109(b) may be procured for a period in excess of one year if the President determines such procurement is necessary. "(d) There are authorized to be appropriated each fiscal year to the President such sums as may be necessary for— "(1) the care, mamtenance, repair, alteration, refurnishing, improvement, air-conditioning, heating, and lighting (including electric power and fixtures) of the Executive Residence at the White House; " (2) the official expenses of the White House Office; " (3) the official entertainment expenses of the President; "(4) the official entertainment expenses for allocation within the Executive Office of the President; and "(5) the subsistence expenses of persons in the Government service while traveling on official business in connection with the travel of the President. Sums appropriated under this subsection for expenses described in paragraphs (1), (3), and (5) may be expended as the President may determine, notwithstanding the provisions of any other law. Such sums shall be accounted for solely on the certificate of the President, except that, with respect to such expenses, the Comptroller General may inspect all necessary books, documents, papers, and records relating to any such expenditures solely for the purpose of verifying that all such expenditures related to expenses in paragraph (1), (3),or (5). The Comptroller General shall certify to Congress the fact of such verification, and shall report any such expenses not expended for such purpose. "(e) Assistance and services authorized pursuant to this section to the President are authorized to be provided to the spouse of the President in connection with assistance provided by such spouse to the President in the discharge of the President's duties and responsibilities. If the President does not have a spouse, such assistance and services may be provided for such purposes to a member of the President's family whom the President designates. uASSISTANCE AND SERVICES FOR THE VICE PRESIDENT

Appointment.

"SEC. 106. (a) In order to enable the Vice President to provide assistance to the President in connection with the performance of functions specially assigned to the Vice President by the President in the discharge of executive duties and responsibilities, the Vice President is authorized— "(1) without regard to any other provision of law regulating the employment or compensation of persons in the Government service, to appoint and fix the pay of not more than—

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1167

 PUBLIC LAW 95-570—NOV. 2, 1978

92 STAT. 2447

" (A) 5 employees at rates not to exceed the rate of basic pay then currently paid for level II of the Executive Schedule of section 5313 of title 5; and in addition " (B) 3 employees at rates not to exceed the rate of basic pay then currently paid for level III of the Executive Schedule of section 5314 of title 5; and in addition ,, "(C) 3 employees at rates not to exceed the maximum rate of basic pay then currently paid for GS-18 of the General 5 USC 5332 Schedule of section 5332 of title 5; and in addition "(D) such number of other employees as he may determine note. to be appropriate at rates not to exceed the minimum rate of basic pay then currently paid for GS-16 of the General Schedule of section 6332 of title 5; and "(2) to procure, as provided in appropriation Acts, temporary Experts and or intermittent services of experts and consultants, as described in consultants. and in accordance with the first two sentences of section 3109(b) of title 5, at respective daily rates of pay for individuals which are not more than the daily equivalent of the rate of basic pay then currently paid for level II of the Executive Schedule of section 5313 of title 5. Notwithstanding such section 3109(b), temporary services of any expert or consultant described in such section 3109(b) may be procured under paragraph (2) of this subsection for a period in excess of one yeai- if the Vice President determines such procurement is necessary. "(b) In order to carry out the executive duties and responsibilities Appropriation referred to in subsection (a), there arc authorized to be appropriated authorization. each fiscal year to the Vice President such sums as may be necessary for— " (1) the official expenses of the Office of the Vice President; "(2) the official entertainment expenses of the Vice President; and "(3) the subsistence expenses of persons in the Government service while traveling on official business in connection with the travel of the Vice Presidejit. Sums appropriated under this subsection for expenses described in paragraphs (2) and (3) may be expended as the Vice President may determine, notwithstanding the provisions of any other law. Such sums shall be accounted for solely on the certificate of the Vice President, except that, with respect to such expenses, the Comptroller General may inspect all necessary books, documents, papers, and records relating to any such expenditures solely for the purpose of verifying that all such expenditures related to expenses in paragraph (2) or (3). The Certification and Comptroller General shall certify to Congress the fact of such verifica- report to tion, and shall report any such expenses not expended for such purpose. Congress. "(c) Assistance and services authorized pursuant to this section to the Vice President are authorized to be provided to the spouse of the Vice President in connection with assistance provided by such spouse to the Vice President in the discharge of the Vice President's executive duties and responsibilities. If the Vice President does not have a spouse, such assistance and services may be provided for such purposes to a member of the Vice President's family whom the Vice President designates.". (b) The items relating to sections 105 and 106 in the table of sections at the beginning of chapter 2 of title 3, United States Code, are 3 USC 101. amended to read as follows:

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