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 81 STAT.]

243

PUBLIC LAW 90-96-SEPT. 29, 1967

exceed $25 to each prisoner upon each release from confinement in military or contract prison and to each person discharged for fraudulent enlistment; (b) authorized issues of articles to prisoners, applicants for enlistment and persons in military custody; (c) subsistence of selective service registrants called for induction, applicants for enlistment, prisoners, civilian employees as authorized by law, and supernumeraries when necessitated by emergent military circumstances; (d) reimbursement for subsistence of enlisted personnel while sick in hospitals; (e) expenses of prisoners confined in nonmilitary facilities; (f) military courts, boards, and commissions; (g) utility services for buildings erected at private cost, as authorized by law, and buildings on military reservations authorized by regulations to be used for welfare and recreational purposes; (h) exchange fees, and losses in the accounts of disbursing officers or agents in accordance with law; (i) expenses of Latin-American cooperation as authorized for the Navy by law (10 U.S.C. 7208); and (j) expenses of apprehension and delivery of deserters, prisoners, and members absent without leave, including payment of rewards of not to exceed $25 in any one case. SEC. 608. Insofar as practicable, the Secretary of Defense shall assist American small business to participate equitably in the furnishing of commodities and services financed with funds appropriated under this Act by making available or causing to be made available to suppliers in the United States, and particularly to small independent enterprises, information, as far in advance as possible, with respect to purchases proposed to be financed with funds appropriated under this Act, and by making available or causing to be made available to purchasing and contracting agencies of the Department of Defense information as to commodities and services produced and furnished by small independent enterprises in the United States, and by otherwise helping to give small business an opportunity to participate in the furnishing of commodities and services financed with funds appropriated by this Act. SEC. 609. No appropriation contained in this Act shall be available for expenses of operation of messes (other than organized messes the operating expenses of which are financed principally from nonappropriated funds) at which meals are sold to officers or civilians except under regulations approved by the Secretary of Defense, which shall (except under unusual or extraordinary circumstances) establish rates for such meals sufficient to provide reimbursement of operating expenses and food costs to the appropriations concerned: Provided. That officers and civilians in a travel status receiving a per diem allowance in lieu of subsistence shall be charged at the rate of not less than $2.50 per day: Provided further, That for the purposes of this section payments for meals at the rates established hereunder may be made in cash or by deduction from the pay of civilian employees: Provided further, That members of organized nonprofit youth groups sponsored at either the national or local level, when extended the privilege of visiting a military installation and permitted to eat in the general mess by the commanding officer of the installation, shall pay the commuted ration cost of such meal or meals. SEC. 610. No part of any appropriation contained in this Act shall be available until expended unless expressly so provided elsewhere in this or some other appropriation Act. SEC. 611. Appropriations of the Department of Defense available for operation and maintenance, may be reimbursed during the current fiscal year for all expenses involved in the preparation for disposal and for the disposal of military supplies, equipment, and materiel, and for all expenses of production of lumber or timber products pursuant to section 2665 of title 10, United States Code, from amounts

70A Stat. 443.

Assistance to small business.

Mess operations.

Reimbursable appropriations.

70A Stat. 149.

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 244 Report to congressional committees.

Apportionment of funds, exemption.

31 USC 665. Airborne alert expenses.

Increased military personnel, expenses.

Report to congressional committees. Commissarystores.

Free utilities outside U.S. and in Alaska.

Proficiency flying.

PUBLIC LAW 90-g6-SEPT. 29, 1967

[81 STAT.

received as proceeds from the sale of any such property: Provided, That a report of receipts and disbursements under this limitation shall be made quarterly to the Committees on Appropriations of the Congress: Provided further, That no funds available to agencies of the Department of Defense shall be used for the operation, acquisition, or construction of new facilities or equipment for new facilities in the continental limits of the United States for metal scrap baling or shearing or for melting or sweating aluminum scrap unless the Secretary of Defense or an Assistant Secretary of Defense designated by him determines, with respect to each facility involved, that the operation of such facility is in the national interest. SEC. 612. (a) During the current fiscal year, the President may exempt appropriations, funds, and contract authorizations, available for military functions under the Department of Defense, from the provisions of subsection (c) of section 3679 of the Revised Statutes, as amended, whenever he deems such action to be necessary in the interests of national defense. (b) Upon determination by the President that such action is necessary, the Secretary of Defense is authorized to provide for the cost of an airborne alert as an excepted expense in accordance with the provisions of Revised Statutes 3732 (41 U.S.C. 11). (c) Upon determination by the President that it is necessary to increase the number of military personnel on active duty beyond the number for which funds are provided in this Act, the Secretary of Defense is authorized to provide for the cost of such increased military personnel, as an excepted expense in accordance with the provisions of Revised Statutes 3732 (41 U.S.C. 11). (d) The Secretary of Defense shall immediately advise the Committees on Appropriations of the Congress of the exercise of any authority granted in this section, and shall report monthly on the estimated ^ l i g a t i o n s incurred pursuant to subsections (b) and (c). SEC. 613. No appropriation contained in this Act shall be available in connection with the operation of commissary stores of the agencies of the Department of Defense for the cost of purchase (including commercial transportation in the United States to the place of sale but excluding all transportation outside the United States) and maintenance of operating equipment and supplies, and for the actual or estimated cost of utilities as may be furnished by the Government and of shrinkage, spoilage, and pilferage of merchandise under the control of such commissary stores, except as authorized under regulations promulgated by the Secretaries of the military departments concerned, with the approval of the Secretary of Defense, which regulations shall provide for reimbursement therefor to the appropriations concerned and, notwithstanding any other provision of law, shall provide for the adjustment of the sales prices in such commissary stores to the extent necessary to furnish sujficient gross revenue from sales of commissary stores to make such reimbursement: Provided, That under such regulations as may be issued pursuant to this section all utilities may be furnished without cost to the commissary stores outside the continental United States and in Alaska: Provided further, That no appropriation contained in this Act shall be available in connection with the operation of commissary stores within the continental United States unless the Secretary of Defense has certified that items normally procured from commissary stores are not otherwise available at a reasonable distance and a reasonable price in satisfactory quality and quantity to the military and civilian employees of the Department of Defense. SEC. 614. Notwithstanding any other provision of law, Executive order, or regulation, no part of the appropriations in this Act shall be available for any expenses of operating aircraft under the jurisdiction

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 81 STAT.]

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of the Armed Forces for the purpose of proficiency flying except in accordance with the regulations issued by the Secretaries of the Departments concerned and approved by the Secretary of Defense which shall establish proficiency standards and maximum and minimum flying hours for this purpose: Provided, That without regard to any provision of law or Executive order prescribing minimum flight requirements, such regulations may provide for the payment of pay at the rates prescribed in section 301 of title 37, United States Code, to certain members of the Armed Forces otherwise entitled to receive flight pay during the current fiscal year (1) who have held aeronautical ratings or designations for not less than fifteen years, or (2) whose particular assignment outside the United States or in Alaska makes it impractical to participate in regular aerial flights. SEC. 615. No part of any appropriation contained in this Act shall be available for expense of transportation, packing, crating, temporary storage, drayage, and unpacking of household goods and personal effects in any one shipment having a net weight in excess of thirteen thousand five hundred pounds. SEC. 616. Vessels under the jurisdiction of the Department of Commerce, the Department of the Army, Department of the Air Force, or the Department of the Navy may be transferred or otherwise made available without reimbursement to any such agencies upon the request of the head of one agency and the approval of the agency having jurisdiction of the vessels concerned. SEC. 617. None of the funds provided in this Act shall be available for training in any legal profession nor for the payment of tuition for training in such profession: Provided, That this limitation shall not apply to the off-duty training of military personnel as prescribed by section 621 of this Act. SEC. 618. Not more than 20 per centum of the appropriations in this Act which are limited for obligation during the current fiscal year shall be obligated during the last two months of the fiscal year: Provided, That this section shall not apply to obligations for support of active duty training of civilian components or summer-camp training of the Reserve Officers' Training Corps. SEC. 619. During the current fiscal year the agencies of the Department of Defense may accept the use of real property from foreign countries for the United States in accordance with mutual defense agreements or occupational arrangements and may accept services furnished by foreign countries as reciprocal international courtesies or as services customarily made available without charge; and such agencies may use the same for the support of the United States forces in such areas without specific appropriation therefor. I n addition to the foregoing, agencies of the Department of Defense may accept real property, services, and commodities from foreign countries for the use of the United States in accordance with mutual defense agreements or occupational arrangements and such agencies may use the same for the support of the United States forces in such areas, without specific appropriations therefor: Provided, That within thirty days after the end of each quarter the Secretary of Defense shall render to the Committees on Appropriations of the Senate and the House of Representatives and to the Bureau of the Budget a full report of such property, supplies, and commodities received during such quarter. SEC. 620. During the current fiscal year, appropriations available to the Department of Defense for research and development may be used for the purposes of section 2353 of title 10, United States Code, and for purposes related to research and development for which expenditures are specifically authorized in other appropriations of the service concerned.

245

., flight

, i

^^ ^*^*- '^^^•, o,» Household ^°°

Vessel transfer.

rettrfc^tion^'"'"^'

obligated funds, ^^^^'

use of foreign "^^^^ property, i

,riJli. c

^ss°'Hi'^^°^' ^itiieTind^^' Budget Bureau.

afvell^'^^nt"^ funds?*^^" 7OA Stat. i34.

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 246 Tuition payments, etc-., restriction.

ROTC, loyalty requirements.

Procurement restrictions.

Bakery, laundry facilities.

Airmail, reimbursement.

Furnishings, automobiles, purchase.

PtBLIC LAW 90-06-SEPT. 29, 1967

[81 STAT.

SEC. 621. No appropriation contained in this Act shall be available for the payment of more than 75 per centum of charges of educational institutions for tuition or expenses for off-duty traming of military personnel, nor for the payment of any part of tuition or expenses for such training for commissioned personnel who do not agree to remain on active duty for two years after completion of such training. SEC. 622. No part of the funds appropriated herein shall be expended for the support of any formally enrolled student in basic courses of the senior division, Reserve Officers' Training Corps, who has not executed a certificate of loyalty or loyalty oath in such form as shall be prescribed by the Secretary of Defense. SEC. 623. No part of any appropriation contained in this'Act shall be available for the procurement of any article of food, clothing, cotton, woven silk or woven silk blends, spun silk y a m for cartridge cloth, synthetic fabric or coated synthetic fabric, or wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles) not grown, reprocessed, reused, or produced in the United States or its possessions, except to the extent that the Secretary of the Department concerned shall determine that a satisfactory quality and sufficient quantity of any articles of food or clothing or any form of cotton, woven silk and woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated synthetic fabric, or wool grown, reprocessed, reused, or produced in the United States or its possessions cannot be procured as and when needed at United States market prices and except procurements outside the '• United States in support of combat operations, procurements by vessels in foreign waters and emergency procurements or procurements of perishable foods by establishments located outside the United States for the personnel attached thereto: Provided, That nothing herein shall preclude the procurement of foods manufactured or processed in the United States or its possessions: Provided further. That no funds herein appropriated shall be used for the payment of a price differential on contracts hereafter made for the purpose of relieving economic dislocations: Provided further, That none of the funds appropriated in this Act shall be used except that, so far as practicable, all contracts shall be awarded on a formally advertised competitive bid basis to the lowest responsible bidder. SEC. 624. None of the funds appropriated in this Act shall be used for the construction, replacement, or reactivation of any bakery, laundry, or dry-cleaning facility in the United States, its Territories or possessions, as to which the Secretary of Defense does not certify in writing, giving his reasons therefor, that the services to be furnished by such facilities are not obtainable from commercial sources at reasonable rates. SEC. 625. During the current fiscal year, appropriations of the Department of Defense shall be av&;ilable for reimbursement to the Post Office Department for payment of costs of commercial air transportation of military mail between the United States and foreign countries. SEC. 626. Appropriations contained in this Act shall be available for the purchase of household furnishings, house trailers (for the purpose of relieving unusual individual losses occasioned by the relocation of personnel from installations in France), and automobiles from military and civilian personnel on duty outside the continental United States, for the purpose of resale at cost to incoming personnel, and for providing furnishings, without charge, in other than public quarters occupied by military or civilian personnel of the Department of Defense on duty outside the continental United States or in Alaska, upon a determination, under regulations approved by the Secretary of Defense, that such action is advantageous to the (xovernment.

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 81 STAT.]

PUBLIC LAW 9 0 - S * 6 - S E P T. 29, 1967

247

SEC. 627. During the current fiscal year, appropriations available uniforms. to the Department of Defense for pay of civilian employees shall be available for uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901; 80 Stat. 508). SEC. 628. During the current fiscal year, the Secretary of Defense tr^nTer!^"°"' shall, upon requisition of the National Board for the Promotion of Rifle Practice, and without reimbursement, transfer from agencies of the Department of Defense to the Board ammunition from stock or which has been procured for the purpose in such amounts as he may determine. Such appropriations of the Department of Defense available for Travel expenses, obligation during the current fiscal year as may be designated by the Secretary of Defense shall be available for the travel expenses of military and naval personnel, including the reserve components, and members of the Reserve Officers' Training Corps attending regional, national, or international rifle matches. SEC. 629. Funds provided in this Act for congressional liaison activi- congressional ties of the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Office of the Secretary of .,,„:,. Defense shall not exceed $950,000: Provided, That this amount shall be available for apportionment to the Department of the Army, the Department af the Navy, the Department of the Air Force, and the ^ " Office of the Secretary of Defense as determined by the Secretary of Defense. SEC. 630. Of the funds made available by this Act for the services of ai^f^ggt'"®^*'"^* the Military Airlift Command, $100,000,000 shall be available only for procurement of commercial transportation service from carriers participating in the civil reserve air fleet program; and the Secretary of Defense shall utilize the services of such carriers which qualifv as ,. '. small businesses to the fullest extent found practicable: Provided, That the Secretary of Defense shall specify in such procurement, performance characteristics for aircraft to be used based upon modern aircraft operated by the civil air fleet. SEC. 631. Not less than $7,500,000 of the funds made available in tgff„V'^"^^°" this Act for travel expenses in connection with temporary duty and permanent change of station of civilian and military personnel of the Department of Defense shall be available only for the procurement of commercial passenger sea transportation service on American-flag vessels. SEC. 632. During the current fiscal year, appropriations available. civilian ciothto the Department of Defense for operation may be used for civilian ^"^* clothing, not to exceed $40 in cost for enlisted personnel: (1) discharged for misconduct, unfitness, unsuitability, or otherwise than honorably; (2) sentenced by a civil court to confinement in a civil prison or interned or discharged as an alien enemy; (3) discharged .-.,-. prior to completion of recruit training under honorable conditions for dependency, hardship, minority, disability, or for the convenience of the Government. SEC. 633. No part of the funds appropriated herein shall be avail- Defense conable for paying the costs^ of advertising by any defense contractor, ^'^^dvertising except advertising for which payment is made from profits, and such costs, proadvertising shall not be considered a part of any defense contract ^*^^*^°"' cost. The prohibition contained in this section shall not apply with respect to advertising conducted by any such contractor, in compliance with regulations which shall be promulgated by the Secretary of Defense, solely for (1) the recruitment by that contractor of personnel required for the performance by the contractor of obligations arising under a defense contract, (2) the procurement of scarce items re" "'', quired by the contractor for the performance of a defense contract, or

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 PUBLIC LAW 90-916-SEPT. 29, 1967

New facil* i t i e s restriction.

Transfer of funds, authority.

Report to congressional committees.

Contract payments in foreign countries.

Research project c o s t s.

Army Reserve components.

Vietnamese forces, etc., support.

Transfer of funds.

Report to congressional committees.

Working capital funds.

[81 STAT.

(3) the d i ^ o s a l of scrap or surplus materials acquired by the contractor in the performance of a defense contract. SEC. 634. Funds appropriated in this Act for maintenance and repair of facilities and installations shall not be available for acquisition of new facilities, or alteration, expansion, extension, or addition of existing facilities, as defined in Department of Defense Directive 7040.2, dated January 18, 1961, in excess of $26,000: Provided, That the Secretary of Defense may amend or change the said directive during the current fiscal year, consistent with the purpose of this section. SEC. 635. During the current fiscal year, the Secretary of Defense may, if he deems it vital to the security ot the United States and in the national interest to further improve the readiness of the Armed Forces, including the reserve components, transfer under the authority and terms of the Emergency Fund an additional $200,000,000: Provided, That the transfer authority made available under the terms of the Emergency Fund appropriation contained in this Act is hereby broadened to meet the requirements of this section: Provided further, That the Secretary of Defense shall notify the Appropriations Committees of the Congress promptly of all transfers made pursuant to this authority. SEC. 636. None of the funds appropriated in this Act may be used to make payments under contracts for any program, project, or activity in a foreign country unless the Secretary of Defense or his designee, after consultation with the Secretary of the Treasury or his designee, certifies to the Congress that the use, by purchase from the Treasury, of currencies of such country acquired pursuant to law is not feasible for the purpose, stating the reason therefor. SEC. 637. None of the funds provided herein shall be used to pay any recipient of a grant for the conduct of a research project an amount equal to as much as the entire cost of such project. SEC. 638. Only upon the approval by the Congress, through the enactment of law hereafter, of a realinement or reorganization of the Army Reserve Components, the Secretary may transfer the balances of appropriations made in this Act for the support of the Army Reserve Components to the extent necessary to implement such a realinement or reorganization; and the provisions in this Act establishing strengths for the Army Reserve and the Army National Guard shall cease to be effective. SEC. 639. (a) Appropriations available to the Department of Defense during the current fiscal year shall be available for their stated purposes to support: (1) Vietnamese and other free world forces in Vietnam (2) local forces in Laos and Thailand; and for related costs, on such terms and conditions as the Secretary of Defense may determine 'Provided, That the unexpended balance of funds, as determined by the Secretary of Defense, heretofore allocated or transferred to the Secretary of Defense from appropriations for "Military assistance" for support of local forces in Laos and Thailand may be transferred to any appropriation available to the Department of Defense for military functions (including construction), to be merged with and to be available for the same purposes and for the same time period as the appropriation to which transferred. (b) Within thirty days after the end of each quarter, the Secretary of. Defense shall render to the Committees on Armed Services and Appropriations of the House of Representatives and the Senate a report with respect to the estimated value by purpose, by country, of support furnished from such appropriations. SEC. 640. (a) During the current fiscal year, cash balances in working capital funds of the Department of Defense established pursuant

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 81 STAT.]

249

PUBLIC LAW 90-97-SEPT. 30, 1967

to section 2208 of title 10, United States Code, may be maintained in only such amounts as are necessary at any time for cash disbursements to be made from such funds: Provided, That transfers may be made between such funds in such amounts as may be determined by the Secretary of Defense, with the approval of the Bureau of the Budget. (b) During the current fiscal year none of the funds available to the Department of Defense may be used to install or utilize any new ''cost-based" or "expense-based" system or systems for accounting, including accounting results for the purposes prescribed by section 113(a)(4) of the Budget and Accounting Procedures Act of 1950 (31 TLS.C. 66a(a)(4)), until forty-five days after the Comptroller General of the United States (after consultation with the Director of the Bureau of the Budget) has reported to the Congress that in his opinion such system or systems are designed to: (1) meet the requirements of all applicable laws governing budgeting, accounting, and the administration of public funds and the standards and procedures established pursuant thereto; (2) provide for uniform application to the extent practicable throughout the Department of Defense; and (3) prevent violations of the antideficiency statute (R.S. 3679; 31 U.S.C. 665). SEC. 641. This Act may be cited as the "Department of Defense Appropriation Act, 1968". Approved September 29, 1967. ...

P u b l i c Law 90-97

.

76 Stat. 521.

Use of funds for new accounting systems.

64 Stat. 836. Report to Congress.

Short title.

•

•

•'-•

AN ACT

September30, 1967

To extend through March 1968 the first general enrollment period under part B of title XVIII of the Social Security Act (relating to supplementary medical insurance benefits for the aged), and for other purposes.

[H.R. 13026]

Be it enacted by the Senate mid House of Representatives of the United States of America in Congress assembled, That the general enrollment period under section 1837(e) of the Social Security Act beginning October 1, 1967, and ending December 31, 1967, shall, for purposes of enrolling in the insurance program established under part. B of title X VIII of such Act and of terminating such enrollment as provided in section 1838(b)(1) of such Act, be extended through March 31, 1968. SEC. 2. Notwithstanding the provisions of section 1839(a) and (b) of the Social Security Act^— (1) the dollar amount applicable for premiums under part B of title X VIII of such Act for each month before April 1968 shall be $3, and (2) the Secretary of Health, Education, and Welfare may determine and promulgate such dollar amount for months after March 1968 and before January 1970 at any time on or before December 31, 1967. SEC. 3. (a) In the case of any individual who, pursuant to section 1838(b)(1) of the Social Security Act, terminates his enrollment in the insurance program established under part B of title X VIII of such Act, his coverage period (as defined in section 1838(a) of such Act)— (1) shall terminate at the close of December 31, 1967, if he filed his notice of termination before January 1, 1968, or

Social Security. Medical insurance. Enrollment period, extension. 79 Stat. 304. 42 USC 1395p. 42 USC 139Sq. Premium amounts. Determination by HEW Secretary. 42 USC 1395r.

Coverage period, termination dates.

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 250

PtJBLIC LAW 90-98-OCT. 2, 1967

[81 STAT.

(2) shall terminate at the close of March 31, 1968, if he filed his notice of termination after December 31, 1967, and before April 1, 1968. An individual whose coverage period terminated pursuant to paragraph (1) at the close of December 31, 1967, may, notwithstanding section 1837(b)(2) of such Act, enroll in such program before April 1, 1968, and for purposes of sections 1838(a)(2)(E) and 1837(b)(2) of such Act such enrollment shall be deemed an enrollment under section 1837(e) of such Act and a second enrollment under such part. (b) In the case of any individual who did not enroll in the insurance program established under part B of title X VIII of the Social Security Act in his initial enrollment period, but does so enroll before April 1, 1968, the enrollment period in which he so enrolls shall, for purposes of section 1839(c) of such Act, be deemed to have closed on December 31, 1967. Approved September 30, 1967.

Public Law 90-98 October 2, 1967 [H. R. 472]

Southmost Coll e g e, Brownsville, Tex. U. S. land purchase.

AN ACT To authorize the Secretary of Agriculture to purchase certain land from Texas Southmost ('oUege, Brownsville. Texas. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of Agriculture is authorized to acquire by purchase, with any funds available for agricultural reseiirch, one and nineteen one-hundredths acres and three and sixty-eight one-hundredths acres, more or less, as improved, out of the motor transport area fourteen and six thousand seven hundred fifteen ten-thousandths acres in the Fort Brown Reservation in Brownsville, Cameron County, Texas, and now leased to the Government of the United Statas for research purposes. Approved October 2, 1967. A

Public Law 90-99 October 3, 1967 [H. R. 12257]

Vocational Rehabilitation Amendments of 1967.

AN ACT To amend the Vocational Rehabilitation Act to extend and expand the authorization of grants to States for rehabilitation services, to authorize assistance in establishment and operation of a National Center for Deaf-Blind Youths and Adults, and to provide assistance for migrants. 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 "Vocational Rehabilitation Amendments of 1967". GRANTS TO STATES FOR VOCATIONAL R E H A B I L I T A T I O N

79 Stat. 1282.

SERVICES

SEC. 2. Effective with respect to appropriations for fiscal years ending after June 30, 1968, section 1(b)(1) of the Vocational Rehabilitation Act (29 U.S.C. 31(b)(1)) is amended by striking out "and", and by inserting before the period at the end thereof ", for the fiscal year ending June 30, 1969, the sum of $500,000,000^ and for the fiscal year ending June 30, 1970, the sum of $600,000,000".

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 81 STAT.]

PUBLIC LAW 9 0 - 9 9 - O C T. 3, 1967

251

GRANTS TO STATES FOR DEVELOPMENT OF COMPREHENSIVE PROGRAMS

SEC. 3. Section 4(a)(2)(B) of the Vocational Rehabilitation Act (29 U.S.C. 34(a)(2)(B)) is amended by striking out "June 30, 1967" each time it appears therein and inserting in lieu thereof "June 30, 1968" and by striking out "June 30, 1968" and inserting in lieu thereof "June 30, 1969".

79 Stat. 1290.

C E N T E R S FOR D E A F - B L I N D YOUTHS AND ADULTS

SEC. 4. The Vocational Eehabilitation Act is further amended by redesignating section 17 as section 19 and by inserting after section 16 ygl^^^^\284'' the following new section: 29 USC 31 note.; " N A T I O N A L C E N T E R FOR DEAF-BLIND YOUTHS AND ADULTS

"SEC. 17. (a) I n order— "(1) to demonstrate methods of (A) providing the specialized, intensive services, as well as other services, needed to rehabilitate handicapped individuals who are both deaf and blind, and (B) training the professional and allied personnel needed adequately to staff facilities specially designed to provide such services and training such personnel who have been or will be working with the deaf-blind; " (2) to conduct research in the problems of, and ways of meet- ^ 3« ing the problems of rehabilitating, the deaf-blind; and "(3) to aid in the conduct of related activities which will expand or improve the services for or help improve public understanding of the problems of the deaf-blind; the Secretary is authorized to enter into an agreement with any public or nonprofit private agency or organization for payment by the United States of all or part of the costs of the establishment and operation, including construction and equipment, of a center for vocational rehabilitation of handicapped individuals who are both deaf and blind which shall be known as the National Center for Deaf-Blind Youths and Adults. " (b) Any agency or organization desiring to enter into such an agreement shall submit a proposal therefor at such time, in such manner, ' * ^ *. and containing such information as may be prescribed by the Secretary. I n considering such proposals, the Secretary shall give preference to those proposals which (1) give promise of maximum effectiveness in the organization and operation of the National Center for DeafBlind Youths and Adults, and (2) give promise of offering the most substantial skill, experience, and capability in providing a broad program of service, research, training, and related activities in the field of rehabilitation of the deaf-blind. "(c) The agreement shall— " (1) provide that Federal funds paid to the agency or organization for the Center will be used only for the purposes for which paid and in accordance with the applicable provisions of this section and the agreement made pursuant thereto; "(2) provide that the agency or organization making the agree- p^*^*""* *° ment will make an annual report to the Secretary, which the °"8ress. Secretary in turn shall transmit to the Congress with such comments and recommendations as he may deem appropriate; "(3) provide that any laborer or mechanic employed by any contractor or subcontractor in the performance of work on any construction aided by Federal funds under this section will be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in

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PtJBLIC LAW 90-99-OCT. 3, 1967

[81 STAT.

accordance with the Davis-Bacon Act, as amended (40 U.S.C. 78*8131^*238°^^' ^76&,—276a-5); with the Secretary of Labor having, with respect to the labor standards specified in this paragraph, the authority and functions set forth in Reorganization Plan Numbered 14 of 64 Stat. 1267. ^950 (15 F.R, 3176) and section 2 of the Act of June 13, 1934, as 63 Stat. 108. amended (40 U.S.C. 276c); and "(4) include such other conditions as the Secretary deems necessary to carry out the purposes of this section. " (d) If within twenty years after the completion of any construction (except minor remodeling or alteration) for which funds have been paid pursuant to an agreement under this section the facility constructed ceases to be used for the purposes for which it was constructed or the agreement is terminated, the United Statas, unless the Secretary determines that there is good cause for releasing the recipient of the funds from its obligation, shall be entitled to recover from the applicant or other owner of the facility an amount which bears the same ratio to the then value of the facility as the amount of such Federal funds bore to the cost of the portion of the facility financed with such funds. Such value shall be determined by agreement of the parties or by action brought in the United States district court for the district in which the facility is situated. " (e) For purposes of this section— "Construction." «^1) ^j^g term 'construction' means construction of new buildings, acquisition of existing buildings, and expansion, remodeling, alteration, and renovation of existing buildings, and initial equipment of such new, newly acquired, expanded, remodeled, altered, or renovated buildings; and includes the cost of architects' fees and acquisition of land in connection with any of the foregoing, but does not include the cost of off-site improvements; "(2) the determination of who are both deaf and blind shall be made in accordance with regulations of the Secretary." SERVICES FOR MIGRATORY AGRICULTURAL WORKERS

SEC. 5. The Vocational Rehabilitation Act is further amended by inserting after section 17 (added by section 4 of this Act) the following new section:

29 USC 31 note.

" P R O J E C T G R A N T S FOR SERVICES FOR MIGRATORY AGRICULTURAL WORKERS

68 Stat. 656. 29 USC 35.

'n

.

"SEC. 18. (a) The Secretary is authorized to make grants to any State agency designated pursuant to a State plan approved under section 5, OT to any local agency participating in the administration of gy^jjj ^ plan, for not to exceed 90 per centum of the cost of pilot or demonstration projects for the provision of vocational reha^bilitation services to handicapped individuals who, as determined in accordance with rules prescribed by the Secretary of Labor, are migratory agricultural workers, and to members of their families (whether or not handicapped) who are with them, including maintenance and transportation of such individuals and members of their families where necessary to the rehabilitation of that individual. Maintenance payments under this section shall be consistent with any maintenance payments made to other handicapped individuals in the State under the Vocational Rehabilitation Act. Such grants shall be conditioned upon satisfactory assurance that in the provision of such services there will be appropriate cooperation between the grantee and other public and private nonprofit agencies having special skills and experience in the provision of services to migratory agricultural workers or their families. This section shall be administered in coordination with other provisions of law

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 81 STAT.]

253

PUBLIC LAW 90-100--OCT. 3, 1967

dealing specifically with migrant agricultural workers, including title I of the Elementary and Secondary Education Act of 1965, section 311 of the Economic Opportunity Act of 1964, and the F a r m Labor Contractor Registration Act of 1963." RESIDENCE REQUIREMENT

SEC. 6. Section 5(a) of the Vocational Rehabilitation Act (29 U.S.C. sec. 35 (a)) is amended by striking out "and" after the semicolon at the end of paragraph (10), hj striking out the period at the end of paragraph (11) and inserting m lieu thereof "; and", and by inserting after paragraph (11) the following new paragraph: "(12) effective July 1, 1969, provide that no residence requirement will be imposed which excludes from services under the plan any individual who is present in the State."

79 Stat. 27. 20 USC 241a note. 79 Stat. 977. 42 USC 2 8 6 1. 78 Stat. 920. 7 USC 2041 note.

68 Stat. 656.

M A T C H I N G REQUIREMENT FOR THE DISTRICT OF COLUMBIA

SEC. 7. Effective July 1, 1968, section 11(h)(1)(B) of the Vocational Rehabilitation Act is amended by inserting "the District of Columbia," after "the allotment percentage for". Approved October 3, 1967.

68 Stat. 6 6 1. 29 USC 4 1.

Public Law 90-100 AN ACT Creating a commission to be known as the Conimissicm on Obscenity and Pornography. Be it enacted by the Senate and House of Representatives United States of America in Congress assembled,

October 3, 1967 [S. 188]

of the

F I N D I N G OF FACT A N D DECLARATION OF P O L I C Y

1. The Congress finds that the traffic in obscenity and pornography is a matter of national concern. The problem, however, is not one which can be solved at any one level of government. The Federal Government has a responsibility to investigate the gravity of this situation and to determine whether such materials are harmful to the public, and particularly to minors, and whether more effective methods should be devised to control the transmission of such materials. The State and local governments have an equal responsibility in the exercise of their regulatory powers and any attempts to control this transmission should be a coordinated effort at the various governmental levels. I t is the purpose of this Act to establish an advisory commission whose purpose shall be, after a thorough study which shall include a study of the causal relationship of such materials to antisocial behavior, to recommend advisable, appropriate, effective, and constitutional means to deal effectively with such traffic in obscenity and pornography. SECTION

COMMISSION ON OBSCENITY A N D PORNOGRAPHY

SEC. 2. (a) ESTABLISHMENT.—For the purpose of carrying out the provisions of this Act, there is hereby created a commission to be known as the Commission on Obscenity and Pornography (hereinafter referred to as the "Commission"), whose members shall include persons having expert knowledge in the fields of obscenity and antisocial behavior, including but not limited to psychiatrists, sociologists, psy-

e o m m i s s i o n on Obscenity and Pornography. Establishment.

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[81 STAT.

chologists, criminologists, jurists, lawyers, and others from organizations and professions who have special and practical competence or experience with respect to obscenity laws and their application to juveniles. (b) MEMBERSHIP or THE COMMISSION.—The Commission shall be composed of eighteen members appointed by the President. (c) VACANCIES.—Any vacancy m the Commission shall be filled by appointment by the President. (d) ORGANIZATION OF COMMISSION.—The Commission shall elect a Chairman and a Vice Chairman from among its members. (e) QUORUM.—Ten members of the Commission shall constitute a quorum, but five members shall be sufficient for the purpose of taking testimony or interrogating witnesses. COMPENSATION OF MEMBERS OF THE COMMISSION SEC. 3. (a) MEMBERS EMPLOYED BY UNITED STATES.—Members of the

80 Stat. 499.

Commission who are officers or full-time employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States; but they shall be allowed travel expenses, including per diem in lieu of subsistence, ^^g authorized by section 5703 of title 5, United States Code, for persons in the Government service employed intermittently. (b)

OTHER MEMBERS.—Members of the Commission who are

not

officers or full-time employees of the United States shall each receive $75 per diem when engaged in the actual performance of duties vested in the Commission. In addition, they shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons in the Government service employed intermittently. STAFF OF THE

COMMISSION

SEC. 4. Such personnel as the Commission. deems necessary may be appointed by the Commission without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions 80 Stat. 443.467, of chapter 51 and subtitle III of chapter 53 of such title relating to 5 us^' 5101 et classification and General Schedule pay rates. seq, 5331 et

seq. DUTIES OF THE COMMISSION

5. (a) INVESTIGATION AND KECOMMENDATIONS.—It shall be the duty of the Commission— (1) with the aid of leading constitutional law authorities, to analyze the laws pertaining to the control of obscenity and pornography; and to evaluate and recommend definitions of obscenity and pornography; (2) to ascertain the methods employed in the distribution of obscene and pornographic materials and to explore the nature and volume of traffic in such materials; (3) to study the effect of obscenity and pornography upon the public, and particularly minors, and its relationship to crime and other antisocial behavior; and (4) to recommend such legislative, administrative, or other advisable and appropriate action as the Commission deems necessary to regulate effectively the flow of such traffic, without in any way interfering with constitutional rights. SEC.

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PUBLIC LAW 90-101-OCT. 3, 1967

255

(b) EEPORT.—The Commission shall report to the President and the Congress its findings and recommendations as soon as practicable and in no event later than January 31, 1970. The Commission shall cease to exist ten days following the submission of its final report. POWERS o r THE COMMISSION

6. (a) HEARINGS AND SESSIONS.—The Commission or, on the authorization of the Commission, any committee thereof, may, for the purpose of carrying out the provisions of the Act, hold such hearings and sit and act at such times and such places within the United States as the Commission or such committee may deem advisable. (b) CONSULTATION.—In carrying out its duties under the Act, the Commission shall consult with other Federal agencies, Governors, attorneys general, and other representatives of State and local government and private organizations to the extent feasible. (c) OBTAINING OFFICIAL DATA.—The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality, information, suggestions, estimates, and statistics for the purpose of this Act, and each such department, bureau, agency, board, commission, office, establishment, or instrumentality is authorized and directed, to the extent permitted by law, to furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the Chairman or Vice Chairman. (d) OBTAINING SCIENTIFIC DATA.—For the purpose of securing the necessary scientific data and information the Commission may make contracts with universities, research institutions, foundations, laboratories, hospitals, and other competent public or private agencies to conduct research on the causal relationship of obscene material and antisocial behavior. For such purpose, the Commission is authorized to obtain the services of experts and consultants in accordance with section 3109 of title 5, United States Code. Approved October 3, 1967. SEC.

•

,T so Stat. 4i6.

Public Law 90-101 JOINT RESOULTION To authorize and request the President to issue a proclamation commemorating fifty year s of service to the Nation by the Langley Research Center.

Whereas this calendar year marks the fiftieth anniversary of the establishment in 1917 of the Langley Eesearch Center at Hampton, Virginia; and Whereas the Langley Research Center of the National Aeronautics and Space Administration, for forty-one years a facility.of the former National Advisory Committee for Aeronautics, has provided a continuing technological basis for significant advances in military and commercial aviation; and Whereas pioneering scientific investigations conducted by the Langley Research Center contributed to the development over the years of unique facilities, research techniques, and the technical competence required to establish and maintain this country's leadership in aeronautics; and Whereas the Langley Research Center was the birthplace of Project Mercury—the first United States manned space flight project; and 85-622 0-68—19

October 3, 1967 [s. J. Res. 109]

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Langley ReSGsrch Center

PUBLIC LAW 90-102-OCT. 5, 1967

[81 STAT.

Whereas the Langley Kesearch Center is one of the major research facilities of the National Aeronautics and Space Administration engaged in significant programs of advanced research and technology relating to aeronautics and the manned and unmanned exploration of space, including, among others, the development of the supersonic transport, vertical and short takeoff and landing aircrait, the Apollo lunar mission, and a variety of other projects designed to accelerate our flight progress and expand our knowledge of the universe: Now, therefore, be it Resolved by the Senate and House of Representatives of the United Sttttes of America in Congress assenriJ)led. That the President is hereby •

•

•

va. ' authorized and requested to issue a proclamation commemorating the 50th anniversary, fiftieth auuiversary of the establishment of the Langley Research Center at Hampton, Virginia, and calling upon the people of the United States, during the first full calendar week in October 1967, to observe such anniversary with appropriate ceremonies and activities honoring such Center's fifty years of service to the Nation. Approved October 3, 1967. Public Law 90-102 October 5. 1967

[H. J. Res. 853]

a ^rr^rrt'i^ns appropr a ions, Ante, p. 177.

JOINT RESOLUTION

ijaklug contiiuiiug: appropriations for the fiscal year 19(>8, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of AmeHca in Congress assembled, That the joint resolution of ^^^gust 29, 1967 (Public Law 90-75), is hereby amended by striking o^t "September 30, 1967" and inserting in lieu thereof "October 23, 1967". Approved October 5, 1967.

Ji

^

e

...^-'I

•ra3&d-''B

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257

PUBLIC LAW 90-103-OCJ. l l j 1967

Public Law 90-103 AN ACT To revise and extend the Appalachian Regional Development Act of 1965, ^nd to amend the Public Works and Economic Development Act of 1965.

October 11, 1967 [S. 602]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I—APPALACHIAN REGIONAL DEVELOPMENT ACT AMENDMENTS O F 1967 SEC. 101. This title may be cited as the "Appalachian Regional Development Act Amendments of 1967". SEC. 102. Section 102 of the Appalachian Regional Development Act of 1965 (hereinafter in this title referred to as "the Act") is amended (1) by inserting "and" at the end of clause (7); (2) by striking out the semicolon and the word "and" at the end of clause (8) and inserting in lieu thereof a period; and (3) by striking out clause (9). SEC. 103. Section 105 of the Act is amended to read as follows:

Appalachian Regional Development Act Amendments of 1967. 79 Stat. 7. 40 USC app. 102.

40 USC app. 105.

"ADMINISTRATIVE EXPENSES OF THE COMMISSION

"SEC. 105. (a) For the period ending on June 30, 1967, the administrative expenses of the Commission shall be paid by the Federal Government. Thereafter, such expenses shall be paid 50 per centum by the Federal Government and 50 per centum by the States in the region, except that the expenses of the Federal Cochairman, his alternate, and his staif shall be paid solely by the Federal Government. The share to be paid by each State shall be determined by the Commission. The Federal Cochairman shall not participate or vote in such determination. No assistance authorized by this Act shall be furnished to any State or to any political sulbdivision or any resident of any State, nor shall the State member of the Commission participate or vote in any determination by the Commission while such State is delinquent in payment of its share of such expenses. " (b) To carry out this section, there is hereby authorized to be appropriated to the Commission, to be available until expended, not to exceed $1,700,000 for the two-fiscal-year period ending June 30, 1969. Not to exceed $400,000 of such authorization shall be available for the expenses of the Federal Cochairman, his alternate, and his staff. Unexjyended balances of appropriations under the authorization in this section prior to amendment by the Appalachian Regional Development Act Amendments of 1967 shall remain available for the purposes of this section, as amended, until expended." SEC. 104. Clause (7) of section 106 of the Act, entitled "ADMINISTRATIVE POWERS or THE COMMISSION", is amended to read as follows: "(7) enter into and perform such contracts, leases (including, notwithstanding any other provision of law, the lease of office space for any term expiring no later than June 30, 1971), cooperative agreements, or other transactions as may be necessary in carrying out its functions and on such terms as it may deem appropriate, with any department, agency, or instrumentality of the United States (which is hereby so authorized to the extent not otherwise prohibited by law) or with any State, or any political subdivision, agency, or mstrumentality thereof, or with any person, firm, association, or corporation." SEC. 105. Title I of the Act is amended by inserting at the end thereof a new section as follows:

Appropriation,

40 USC app. 106.

40 USC app. 101-108.

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PUBLIC LAW 90-103-OCT. 11, 1967 COMMISSION E M P L O Y E E

[81 STAT.

PROTECTIONS

80 Stat. 4 6 8.

"SEC. 109. Section 5334(a) of title 5, United States Code, is amended by adding at the end thereof the following new sentence: 'For the purpose of this subsection, an individual employed by the Appalachian Regional Commission under section 106(a) of the Appalachian 40 USC a *.106. R^gion^l Development Act of 1966, or by a regional commission ^ ' J ' established pursuant to section 502 of the Public Works and Economic 79 Stat. 564. Development Act of 1965, under section 506(2) of such Act, who was 3186. commission and within six months after separation from such employment is employed in a position to which this subchapter applies, shall be treated as if transferred from a position in the executive branch to which this subchapter does not apply.'." II fl^l' app. 2 0 1. SEC. 106. Section 201 of the Act is amended to read as follows: 40 USC i™ on, a A P P A L A C H I A N DEVELOPMENT H I G H W A Y SYSTEM
 * a Federal employee immediately prior to such employment by a

t...,

..

"SEC. 201. (a) I n order to provide a highway system which, in conjunction with the Interstate System and other Federal-aid highways in the Appalachian region, will open up an area or areas with a developmental potential where commerce and communication have been inhibited by lack of adequate access, the Secretary of Transportation (hereafter in this section referred to as the 'Secretary') is authorized to assist in the construction of an Appalachian development highway system and local access roads serving the Appalachian 72 Stat. 885. regiou. The provisions of title 23, United States Code, that are applicable to the construction and maintenance of Federal-aid primary and secondary highways, and which the Secretar;^ determines are not inconsistent with this Act, shall apply, respectively, to the development highway system and the local access roads. Construction on the development highway system shall not exceed two thousand seven hundred miles. Construction of local access roads shall not exceed one thousand six hundred miles that will serve specific recreational, residential, educational, commercial, industrial, or other like facilities or e^'- r will facilitate a school consolidation program. "(b) The Commission shall transmit to the Secretary its designations of (1) the general corridor location and termini of the development highways, (2) local access roads to be constructed, (3) priorities for the construction of segments of the development highways, and (4) other criteria for the program authorized by this section. Before any State member participates in or votes on such designations, he shall have obtained the recommendations of the State highway department of the State which he represents. ' "(c) I n no event shall the Secretary assist in any construction (including right-of-way acquisition) which would require for its completion the expenditure of Federal funds (other than funds available under title 23, United States Code) in excess of the appropriations authorization in subsection (g). On its completion each development highway not already on the Federal-aid primary system shall be added to such system and each development highway and local access road shall be required to be maintained by the State as provided for Federal-aid highways in title 23, United States Code. " (d) I n the construction of highways and roads authorized under this section, the States may give special preference to the. use of materials and products indigenous to the Appalachian region. Road construe«^g^ YoT the purposes of rescarch. and development in the use of tion Use of coal coal and coal products in highway construction and maintenance, the derivatives. Secretary is authorized to require each participating State, to the

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259

maximum extent possible, to use coal derivatives in the construction of not to exceed 10 per centum of the roads authorized under this Act. "(f) Federal assistance to any construction project under this sec- Jj^^'^i^ tion shall not exceed 50 per centum of the costs of such project, unless percentage. the Commission determines that assistance in excess of such percentage is required in furtherance of the purposes of this Act, but in no event shall such Federal assistance exceed 70 per centum of such costs. " (g) To carry out this section, there is hereby authorized to be Appropriation. appropriated to the President, to be available until expended, $715,000,000 for the four-fiscal-year period ending June 30, 1971. " (h)(1) When a participating State proceeds to construct a segment of a development highway without the aid of Federal funds, in accordance with all procedures and requirements applicable to the construction of segments of Appalachian development highways with such funds, except insofar as such procedures and requirements limit a State to the construction of projects for which Federal funds have previously been appropriated, the Secretary, upon application by the State and with the approval of the Commission, is authorized to pay to the State the Federal share not to exceed 70 per centum of the costs of the construction of such segment, from any sums appropriated and ' ' allocated to such State to carry out this section. "(2) This subsection shall not be construed as a commitment or obligation on the part of the United States to provide funds for segments of development highways constructed under this subsection, and shall not increase the limitation on construction in subsection (c)." SEC. 107. Section 202 of the Act is amended to read as follows: H u s e ^^• 40 ^}^^' app. 202.

'DEMONSTRATION HEALTH PROJECTS

"SEC. 202. (a) I n order to demonstrate the value of adequate health facilities and services to the economic development of the region, the Secretary of Health, Education, and Welfare is authorized to make grants for the planning, construction, equipment, and operation of multicounty demonstration health projects, including hospitals, regional health diagnostic and treatment centers, and other facilities and services necessary to health. Grants for such construction (including the acquisition of privately owned facilities not operated for profit and initial equipment) shall be made in accordance with the applicable provisions of title VI of the Public Health Service Act (42 U.S.C. 291-291o), the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963 (77 Stat. 282), and other laws authorizing grants for the construction of health-related facilities, without regard to any provisions therein relating to appropriation authorization ceilings or to allotments among the States. Grants under this section shall be made solely out of funds specifically appropriated for the purpose of carrying out this Act and shall not be taken into account in the computation of the allotments among the States made pursuant to any other provision of law. " (b) No grant for the construction or equipment of any component of a demonstration health project shall exceed 80 per centum of such costs. The Federal contribution may be provided entirely from funds authorized under this section or in combination with funds provided under other Federal grant-in-aid programs for the construction or equipment of health-related facilities. Notwithstanding any provision of law limiting the Federal share in such other programs, funds authorized under this section may be used to increase Federal grants for component facilities of a demonstration health project to a maximum of 80 per centum of the costs of such facilities.

^s stau 447. 42 USC 2661 note.

Federal share.

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[81 STAT.

"(c) Grants under this section for operation (including initial operating funds and operating deficits comprising among other items the costs of attracting, training, and retaining qualified personnel) of a demonstration health project, whether or not constructed with funds authorized by this section, may be made for uj) to 100 per centum of the costs thereof for the two-year period beginningj for each component „., ,, facility or service assisted under any such operating grant, on the first day that such facility or service is in operation as a part of the project. For the next three years of operations such grants shall not exceed 50 per centum of such costs. No grant for operation of a demonstration health project shall be made unless the facility is publicly owned, or owned by a public or private nonprofit organization, and is not operated for profit. No grants for operation of a demonstration health project shall be made after five years following the commencement of the initial grant for operation of the project. No such grants shall be made u n l e ^ the Secretary of Health, Education, and Welfare is satisfied that the operation of the project will be conducted under efficient management practices designed to obviate operating deficits. Notwithstanding section 104 of the Public Works and Economic Development 42 USC 3134. j ^ ^ ^ Qf j9^5 (Y9 Stat. 554), a health-related facility constructed under title I of that Act may be a component of a demonstration health project eligible for operating grant assistance under this section. " (d) The Secretary of Health, Education, and Welfare is authorized to provide funds to the Commission for the support of its Health Advisory Committee and to make grants for expenses of planning necessary for the development and operation of demonstration health rojects for the region. The amount of any such grant shall not exceed 5 per centum of such expenses. "(e) Not to exceed $50,000,000 of the funds authorized in section 401 Post, p. 266. Q£ ^l^-g ^^^ £QJ. ^j^g two-fiscal-year period ending June 30, 1969, shall be available to carry out this section." In fi^co ^^' on. SEC. 108. Subsection (i) of section 203 of the Act, entitled "LAND

P

4U u s e a p p. ZV6,

^ '

II

•

T

1

STABILIZATION, CONSERVATION, AND EROSION CONTROL', IS amended

.

to

read as follows: " (i) Not to exceed $19,000,000 of the funds authorized in section 401 of this Act for the two-fiscal-year period ending June 30, 1969, shall be available to carry out this section." 40 USC app. 204. g^,^ Qg Section 204 of the Act is amended by striking out subsection (b) and inserting in lieu thereof the following new subsections (b) and (c): producrs^rtsearch. " ( ^) T^® Secretary of Agriculture is authorized to provide techgrants. ' nical assistance, make grants, enter into contracts, or otherwise provide funds, first to colleges, universities and other institutions of higher education (with priority to land grant schools), and thereafter to forest products research institutions in the region and other appropriate public and private organizations, which schools, institutions,, and organizations have the demonstrated capability to perform such researdi, for Appalachian hardwood products research, including l>urposes of this Act. Funds shall be provided only for programs and projects which will contribute significantly to the development of ' (1) Appalachian hardwood technology, (2) new or improved uses of Appalachian hardwood resources, (3) new or improved processes or methods for producing hardwood products, or (4) new or improved markets for such products. Funds under this section shall be provided solely out of sums specifically appropriated for the purpose of carrying out this Act, and shall not be taken into account in the allocation or distribution of funds pursuant to any other provision of law.
 * o:i i *' -1 investigations, studies, and demonstrations, which will further the

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"(c) Not to exceed $2,000,000 of the funds authorized in section 401 of this Act for the two-fiscal-year period ending June 30, 1969, shall be Post, p. 266. available to carry out the purposes of subsection (b) of this section." SEC. 110. (a) Clause (1) of subsection (a) of section 205 of the Act, ^J^^^^^^^^^^ entitled "MINING AKEA RESTORATION", is amended to read as follows: 79 Stat. 13. "(1) make financial contributions to States in the region to 40 USC app. 205. seal and fill voids in abandoned coal mines and abandoned oil and gas wells, and to reclaim and rehabilitate lands affected by the strip and surface mining and processing of coal and other minerals, including lands affected by waste piles, in accordance with provisions of the Act of July 15, 1955 (30 U.S.C. 571 et seq.), ^^ ^tat. 352. to the extent applicable, without regard to section 2(b) thereof • (30 U.S.C. 572(b)) or to any provisions therein limiting assist- ^^ ^^^*- ^^'^• ance to anthracite coal formation, or to the Commonwealth of Pennsylvania. Grants under this paragraph shall be made wholly out of funds specifically appropriated for the purposes of carrying out this Act." (b) Strike out clause (3) of subsection (a) of section 205 of the fg-l^at* ^4 Act. (c) Subsection (b) of section 205 of the Act is amended to read as follows: " (b) For the fiscal years 1966, 1967, 1968, and 1969, notwithstanding any other provision of law, the Federal share of mining area restoration projects, including reasonable planning and engineering costs, carried out under subsection (a) of this section and conducted on lands other than federally owned lands shall not exceed 75 per centum of the total cost thereof. The non-Federal share of the total cost of any project carried out under subsection (a) of this section may include reasonable land acquisition costs incurred in acquiring land necessary for the purposes of implementing such project, if such land is acquired after the date of enactment of the Appalachian Regional Development Act Amendments of 1967." (d) The first sentence of subsection (d) of section 205 of the Act is amended to read as follows: "Not to exceed $30,000,000 of the funds ^^ -s ^:"» authorized in section 401 of this Act for the two-fiscal-year period ending June 30, 1969, shall be available to carry out this section." ^' ' ' "' SEC. 111. Subsection (g) of section 206 of the Act, entitled "WATER ^° ^^^ °PP- ^oe. RESOURCE SURVEY", is amended to read as follows: " (g) Not to exceed $2,000,000 of the funds authorized in section 401 of this Act for the two-fiscal-year period ending June 30, 1969, shall be available to carry out this section." 79 Stat. 10. SEC. 112. Part A of title II of the Act is amended by inserting at 40 USC app. the end thereof a new section as follows: 20T-206 "ASSISTANCE FOR P L A N N I N G AND OTHER P R E L I M I N A R Y EXPENSES OP PROPOSED H O U S I N G PROJECTS UNDER SECTION 221 OF THE NATIONAL

fi "

<i'

HOUSING ACT

"SEC. 207. (a) I n order to encourage and facilitate the construction or rehabilitation of housing to meet the needs of low- and moderateincome families and individuals, the Secretary of Housing and Urban Development (hereafter in this section referred to as the 'Secretary') is authorized to make grants and loans from the Appalachian Housing Fund established by this section, under such terms and conditions as he may prescribe, to nonprofit, limited dividend, or cooperative organizations, or to public bodies, for expenses of planning and of obtaining an insured mortgage for a housing construction or rehabilitation project, under section 221 of the National Housing Act (hereafter in this section referred to as 'section 221'), in any area of the Appalachian

^^ ^*^*- s^^-. ^ ^ use 1715z.

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68 Stat. 599. 12 USC 1715Z.

Appalachian Housing Fund,

Post,

p. 266.

79 Stat. 16. 40 USC app. 211,

40 USC a p p. 212.

73 Stat. 678; 78 Stat. 792, 793; 79 Stat. 17.

79 Stat. 2 1. 40 USC a p p. 4 0 3. Post, p. 266. 79 Stat. 19. 40 USC a p p. 3 0 1.

[81 STAT.

region determined by the Commission to have significant potential for future growth. administrative expenses, incident to planning a project and obtaining an insured mortgage under section 221, which the Secretary considers not to be recoverable from the proceeds of a mortgage insured under such section: Provided, That no grant shall be made to an organization established for profit. "(c) No loan under this section shall exceed 80 per centum of the cost of planning a project and obtaining an insured mortgage under section 221, including, but not limited to, preliminary surveys and analyses of market needs, preliminary site engineering and architectural fees, site options. Federal Housing Administration and Federal National Mortgage Association fees, and construction loan fees and discounts. Loans may be made without interest, or at any market or below market interest rate authorized for a mortgage insured under section 221: Provided, That any loan made to an organization established for profit shall bear interest at the prevailing market rate authorized for a mortgage insured under such section. The Secretary may, except in the case of a loan to an organization established for profit, waive the repayment of all or any part of a loan made under this section, including interest, which he finds the borrower is unable to recover from the proceeds of a mortgage insured under section 221. " (d) All funds allocated to the Secretary for the purposes of this section shall be deposited in a fund which shall be known as the Appalachian Housing Fund and shall be used as a revolving fund by the Secretary for carrying out such purposes. General expenses of administration of this section may be charged to the fund. Moneys in the fund not needed for current operation may be invested in bonds or other obligations guaranteed as to principal and interest by the United States. " (e) Not to exceed $5,000,000 of the funds authorized in section 401 of this Act for the two-fiscal-year period ending June 30, 1969, shall be available to carry out this section." SEC. 113. (a) Subsection (a) of section 211 of the Act, entitled "VOCATIONAL EDUCATION FACILITIES", is amended by inserting before the word "needed" in the first sentence, the following: "and for the equipment of such facilities and other school facilities". (b) Subsection (b) of section 211 of the Act is amended to read as follows: "(b) Not to exceed $26,000,000 of the funds authorized in section 401 of this Act for the two-fiscal-year period ending June 30, 1969,' shall be available to carry out this section." SEC. 114. Subsection (b) of section 212 of the Act, entitled "SEWAGE TREATMENT WORKS", is amended to read as follows: "(b) Not to exceed $6,000,000 of the funds authorized in section 401 of this Act for the two-fiscal-year period ending June 30, 1969, shall be available to carry out this section." SEC. 115. (a) Section 701(a) of the Housing Act of 1954 (40 U.S.C. 461 (a)) is amended by striking out "and" at the end of clause (8) and all of clause (9) and inserting m lieu thereof the following: "(9) the Appalachian Regional Commission, for comprehensive planning for the Appalachian region as defined by section 403 of the Appalachian Kegional Development Act of 1965; and " (10) local development districts, certified under section 301 of the Appalachian Regional Development Act of 1965, for comprehensive planning for their entire areas, or for metropolitan planning, urban planning, county planning, or small municipality
 * ' (b) No ^rant under this section shall exceed 80 per centum of those

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11, 196i7

planning within such areas in the Appalachian region, and for planning for Appalachian regional programs." (b) The proviso of the first sentence of section 701(b) of the Housing Act of 1954 is amended by inserting after "States" the words "and local development districts". SEC. 116. Section 214 of the Act is amended to read as follows:

263

yJltlT^y^^' 40 USC 46i. H f ^ - ^^• 40 USC app. 214.

1

" S U P P L E M E N T S TO FEDERAL G R A N T - I N - A I D PROGRAMS

"SEC. 214. (a) I n order to enable the people, States, and local communities of the region, including local development districts, to take maximum advantage of Federal grant-in-aid programs (as hereinafter defined) for which they are eligible but for which, because of their economic situation, they cannot supply the required matching share, the President is authorized to provide funds to the Federal Cochairman to be used for the sole purpose of increasing the Federal contribution to projects under Federal grant-in-aid programs, as hereafter .: j^.^ •• defined, above the fixed maximum portion of the cost of such projects otherwise authorized by the applicable law. Funds shall be so provided for Federal grant-in-aid programs for which funds are available under the Acts authorizing such programs and shall be available without regard to any appropriation authorization ceilings in such Acts. Any finding, report, certification, or documentation required to be submitted to the head of the department, agency, or instrumentality of the Federal Government responsible for the administration of any Federal grant-in-aid program shall be accepted by the Federal Cochairman with respect to a supplemental grant for any project under such program. " (b) The Federal portion of such costs shall not be increased in excess of the percentages established by the Commission, and shall in no event exceed 80 per centum thereof. "(c) The term 'Federal grant-in-aid programs' as used in this section inllld t^o^am^s"" means those Federal grant-in-aid programs authorized by this Act for the construction or equipment of facilities, and all other Federal grantin-aid programs authorized on or before December 31, 1967, by Acts other than this Act for the acquisition of land or the construction or equipment of facilities, including but not limited to grant-in-aid programs authorized by the following Acts: Federal Water Pollution Control Act; Watershed Protection and Flood Pevention Act; title ^g^uscf^00^1^11"°**' VI of the Public Health Service Act; Vocational Education Act of 42 USC 291; "° *' 1963; Library Services Act; Federal Airport Act; part IV of title III 20 USC 35 note, of the Communications Act of 1934; Higher Education Facilities Act?iJi"notLM7 USC of 1963; Land and Water Conservation F u n d Act of 1965; National 390-397; 20 USC Defense Education Act of 1958. The term shall not include (A) the lHu'^ltl^^ 2"^^ program for the construction of the development highway system use 401 note. authorized by section 201 of this Act or any other program relating "*"**' ^' ^^®* to highway or road construction, or (B) any other program for which loans or other Federal financial assistance, except a grant-in-aid program, is authorized by this or any other Act. " (d) Not to exceed $97,000,000 of the funds authorized in section 401 of this Act for the two-fiscal-year period ending June 30, 1969, P°^*' P- 266. shall be available to carry out this section." SEC. 117. (a) The first sentence of section 221 of the Act, entitled H ulc ipp. "MAINTENANCE OF EFFORT", is amended by striking out "exclusive of 221. Federal funds," and inserting in lieu thereof the following: "exclusive of expenditures for participation in the National Svstem of Interstate and Defense Highways, and exclusive of local funds and Federal funds,".

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40 us^c ipp.

PUBLIC LAW 90-103-OCT. 11, 1967

[81 STAT.

(b) The second sentence of such section is amended by inserting after "Highways" the following: "and expenditures of local funds and Federal funds". ^^^" ^^^' Section 223 of the Act is amended to read as follows:

223.

PROORAM I M P L E M E N T A T I O N

"SEC. 223. No program or project authorized under any section of this title shall be implemented until (1) applications and plans relating to the program or project have been determined by the responsible Federal official to be compatible with the provisions and objectives of Federal laws which he administers that are not inconsistent with this Act, and (2) the Commission has approved such program or project and has determined that it meets the applicable criteria under section 224 and will contribute to the development of the region, which determination shall be controlling." 40 USC app. 224. SEC. 119. (a) Subsection (a) of section 224 of the Act, entitled "PROGRAM DEVELOPMENT CRITERIA", is amended (1) by striking out "In developing recommendations on the" and inserting in lieu thereof: " I n considering"; and (2) by striking out "within those recommendations". (b) Subsection (b) of such section is amended by striking out clause (1) and inserting in lieu thereof the following: "(1) to assist establishments relocating from one area to another;". 40 USC app. 302.

gj,^. 120. Section 302 of the Act, entitled "GRANTS FOR ADMINISTRATIVE EXPENSES OF LOCAL DEVELOPMENT DISTRICTS AND FOR RESEARCH AND

s'tud''^ pollution

pr^sidert* and eongre^ss. °"

contents.

DEMONSTRATION PROJECTS", is amended by (1) striking out subsections (a) through (c); (2) redesignating subsection (d) as subsection (e); and (3) inserting the following new subsections (a) through (d): " (a) The President is authorized— "(1) to make grants to the Commission for administrative expenses, including technical services, of local development districts, but (A) the amount of any such grant shall not exceed 75 per centum of such expenses, (B) no grants for administrative expenses shall be made for a local development district for a period in excess of three years beginning on the date the initial grant is made for such development district, and (C) the local development district contributions for administrative expenses may be in cash or in kind, fairly evaluated, including but not limited to space, equipment, and services; and ",(2) to make grants to the Commission for investigation, research, studies, technical assistance, and demonstration projects, and for training programs, but not for construction purposes, which will further the purposes of this Act. ^^{h) The Commission is authorized to make a survey and study of acid pollution in the region resulting from mining activities and the effects of such pollution, in full cooperation with the Secretary of the Interior and other appropriate Federal, State, and local departments and agencies, with the objective of developing a comprehensive action program for the appropriate control, reduction, or elimination of such poUution iu the regiou or the effects of such pollution. The Commisslou shall submit to the President a report, including specific recommendations for such program and for the policies under which it should be conducted, and the President shall submit the report to the Congress, together with his recommendations, jiot later than March 31, 1969. The study shall, among other matters— "(1) Identify sources of acid mine pollution in the region and their type, area, ownership, and other characteristics; the relative contribution of each source; and the impact of each source on water quality in the streams affected.

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"(2) Identify present and potential water-using and other activities which are affected by acid mine pollution in the region, or originating in the region, and the economic and social costs and effects attributable to such pollution. • "(3) Identify known methods and costs for the control and . ' abatement of acid mine pollution. "(4) Estimate economic and social benefits, public and private, ^ that are likely to result from reducing to various levels acid mine pollution in the streams of the region and identify the types of ^ - :beneficiaries and the relative distribution of the benefits to such I beneficiaries. "(5) Consider the appropriate roles of Federal, State, and private interests in programs for the control, reduction, or elimination of acid mine pollution in the region and the relative costs which each should bear, including specifically (A) the extent, if any, to which private interests can bear the cost of such programs within the economics of mining activity, (B) the effectiveness of past action by Federal, State, and local units of government in remedying or controlling the adverse effects of acid mine pollution, (C) relationships which might be established among Federal, State, and local units of government, and with private interests, or implementing and funding such programs, and (D) the need for appropriate Federal and State legislation, including adequate enforcement provisions, for such programs. "(6) Formulate a program for the appropriate control, reduc^ '" tion, or elimination of acid mine pollution in the region, including the identification of specific objectives and costs, with due consideration to: (A) the developmental effects of the program, (B) the economic benefits of the program in relation to costs, (C) the social effects of the program, (D) the avoidance of unwarranted I financial gain to private interests, and (E) the types and sources of aid required to accomplish the program. "(c)(1) The Commission shall, as required by the President, main- reco"dr,*^^°^ tain accurate and complete records of transactions and activities maintenance. financed with Federal funds and report thereon to the President. The records of the Commission shall be available for audit with respect to such grants by the President and the Comptroller General or their duly authorized representatives. "(2) Recipients of Federal assistance under the provisions of this section shall, as required by the Commission, maintain accurate and complete records of transactions and activities financed with Federal funds and report thereon to the Commission. Such records shall be available for audit by the President, the Comptroller General, and the Commission or their duly authorized representatives. " (d) Not to exceed $11,000,000 of the funds authorized in section 401 of this Act for the two-fiscal-year period ending June 30, 1969, ^°^^' P- '^^^^ shall be available to carry out this section. Not to exceed $3,000,000 of such authorization shall be available for the purposes of subsection (b)." SEC. 121. Section 303 of the Act is amended to read as follows: H s*^*- 20. 40 USC app. 3 0 3. il.

P R O J E C T APPROVAL

"SEC. 303. An application for a grant or for any other assistance for a program or project under this Act shall be made through the State member of the Commission representing such applicant, and such State member shall evaluate the application for approval. Only applications for p r o - a m s and projects which are approved by a State member as meeting the requirements for assistance under the Act shall

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It ^i^^' ^^'.«,

PUteLIC LAW 90-103-OCT. 11, 1967

[81 STAT.

be approved for assistance. No project shall be approved by the Commission unless the Commission is satisfied that the project will be properly administered, operated, and maintained." SEC. 122. Section 401 of the Act is amended to read as follows:

40 USC a p p. 4 0 1. li

Ante, pp. 25 7, 258.

40 USC app. 403. Alabama.

Mississippi.

New York,

Tennessee.

AUTHORIZATION OF APPROPRIATIONS

"SEC. 401. I n addition to the appropriations authorized in section 105 and in section 201 for the Appalachian development highway system and local access roads, there is hereby authorized to be appropriated to the President, to be available until expended, not to exceed $170,000,000 for the two-fiscal-year period ending June 30, 1969, to carry out this Act." SEC. 123. (a) Section 403 of the Act, entitled "DEFINITION OF APPALACHIAN REGION", is amended— (1) by inserting in the clause relating to the counties in Alabama after "Jefferson," the following: "Lamar," and after "Morgan," the following: "Pickens,"; (2) by inserting after the clause relating to the counties in Maryland the following: " I n Mississippi, the counties of Alcorn, Benton, Chickasaw, Choctaw, Clay, Itawamba, Kemper, Lee, Lowndes, Marshall, Monroe, Noxubee, Oktibbeha, Pontotoc, Prentiss, Tippah, Tishomingo, Union, Webster, and Winston; "In New York, the counties of Allegany, Broome, Cattaraugus, Chautauqua, Chemung, Chenango, Cortland, Delaware, Otsego, Schoharie, Schuyler, Steuben, Tioga, and Tompkins;"; and (3) by inserting in the clause relating to the counties in Tennessee after "Campbell" the following: "Cannon,". (b) Such section is further amended by striking out the colon following "West Virginia" and inserting in lieu thereof a period, and by striking out all of the remainder of such section and inserting in lieu thereof the following: "No recommendation for any change in the definition of the Appalachian region as set forth in this section shall be proposed or considered by the Commission without a prior resolution by the Committee on Public Works of the Senate or of the House of Representatives, directing a study of such change." TITLE II—AMENDMENTS TO THE PUBLIC WORKS AND ECONOMIC DEVELOPMENT ACT O F 1965

79 <. V < 42 J^•;: 2183.

42 USC 3185.

42 USC 3189.

SEC. 201. Subsection (a) of section 503 of the Public Works and Economic Development Act of 1965 is amended by striking the semicolon after clause (2), inserting a comma, and the following: "including the development of a comprehensive long-range economic plan approved by the Secretary;". SEC. 202. Sulisection (c) of section 505 of the Public Works and Economic Development Act of 1965 is amended by adding at the end thereof the following: "Not to exceed $2,500,000 of the funds authorized to be appropriated by this subsection for each fiscal year shall be allocated by the Secretary to each regional commission to carry out the purposes of this section." SEC. 203. Section 509 of the Public Works and Economic Development Act of 1965 is amended by redesignating such section as section 510 and by inserting after section 508 the following new section 509:

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PUBLIC LAW 90-103-OCT. 11, 1967 S U P P L E M E N T S TO FEDERAL G R A N T - I N - A I D

PROGRAMS

"SEC. 509. (a) I n order to enable the States and other entities within economic development regions established under this Act to take maximum advantage of Federal grant-in-aid programs (as hereinafter defined) for which they are eligible but for which, because of their economic situation, they cannot supply the required matching share, the Secretary shall, once a comprehensive long-range economic plan established pursuant to clause (2) of section 503(a) is in effect, provide funds pursuant to specific recommendations, to each of the Federal Cochairmen of the regional commissions heretofore or hereafter established under this title, to be used for the sole purpose of increasing the Federal contribution to projects under such programs above the fixed maximum portion of the cost of such projects otherwise authorized by the applicable law. No program or project authorized under this section shall be implemented until (1) applications and plans relating to the program or project have been determined by the responsible Federal official to be compatible with the provisions and objectives of Federal laws which he administers that are not inconsistent with this Act, and (2) the Regional Commission involved has approved such program or project and has determined that it meets the applicable criteria under section 504 and will contribute to the development of the region, which determination shall be controlling. Funds may be provided only for Federal grant-in-aid programs for which funds are available under the Act authorizing such programs. Funds so provided shall be available without regard to any appropriation authorization ceilings in such Act. "(b) The Federal portion of such costs shall not be increased in excess of the percentages established by each commission, and shall in no event exceed 80 per centum thereof. "(c) The term 'Federal grant-in-aid programs' as used in this section means all Federal grant-in-aid programs in existence on or before December 31, 1967, assisting in the acquisition of land or the construction or equipment of facilities, including but not limited to grant-in-aid programs authorized by title I of this Act and by the following Acts: Federal Water Pollution Control Act; Watershed Protection and Flood Prevention Act; title VI of the Public Health Service Act; Vocational Education Act of 1963; Library Services Act; Federal Airport Act; part IV of title III of the Communications Act of 1934; Higher Education Facilities Act of 1963; Land and Water Conservation Fund Act of 1965; and National Defense Education Act of 1958. The term shall not include any program in which loans or other Federal financial assistance, except a grant-in-aid program, is authorized by this or any other Act. Grants under this section shall be made solely out of funds specifically appropriated for the purpose of carrying out this section, and shall not be taken into account in the computation of allocations among the States made pursuant to any other provision of law. " (d) There is hereby authorized to be appropriated to the Secretary for each of the regional commissions for the purposes of this section the sum of $5,000,000 for the period ending June 30, 1968, and the sum of $10,000,000 for the fiscal year ending June 30, 1969. "(e) An application for a grant under this section shall be made through the State member of the Commission representing such applicant, and such State member shall evaluate the application for approval. Only applications for programs and projects which are approved by a State member as meeting the requirements for assistance under this section shall be approved for assistance."

Ante,

p. 266.

79 Stat. 5 6 6. 42 USC 3184.

" Federal grantin-aid program s. "

33 USC 466 note; 16 USC 1001 note; 42 USC 2 9 1; 20 USC 35 note; 351 note; 49 USC 1101 note; 47 USC 390-397; 20 USC 701 note; 16 USC 460Z-4 note; 20 USC 401 note.

Appropriation,

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 268 79 Stat. 569. 42 USC 32013203.

PUBLIC LAW 90-104-OCT. 11, 1967

[81 STAT.

SEC. 204. The Public Works and Economic Development Act of 1965 is amended by adding at the end of title VI thereof the following new section: ADMINISTRATION, OPERATION, A N D M A I N T E N A N C E

"SEC. 604. No Federal assistance shall be approved under this Act unless the Secretary is satisfied that the project for which Federal assistance is granted will be properly and efficiently administered, operated, and maintained." Approved October 11, 1967.

Public Law 90-104 October 11, 1967 [S. 1862]

AN ACT To amend the authorizing legislation of the Small Business Administration, and for other purposes.

Be it enacted by the Senate and House of Representatives United States of America in Congress assembled, , TITLEI Small B u s i n e s s Act Amendments of 1967. Revolving funds. 80 Stat. 132. 15 USC 633.

Construction loans. 72 Stat. 388. 15 USC 636.

Disaster loans. 80 Stat. 1319. Volunteer management counselors. Travel expenses' etc. 80 Stat. 1295. 15 USC 637.

80 Stat. 499.

..nv' -,:..^,>r-:

of the - i,.r^

SEC. 101. This title may be cited as the "Small Business Act Amendments of 1967". SEC. 102. Paragraph (4) of section 4(c) of the Small Business Act is amended— (1) by striking out "$1,400,000,000" and inserting in lieu thereof "$1,900,000,000"; (2) by striking out "$400,000,000" and inserting in lieu thereof "$450,000,000"; (3) by striking out "$200,000,000" and inserting in lieu thereof "$300,000,000"; and (4) by striking out "$100,000,000" and inserting in lieu thereof "$200,000,000". SEC. 103. Paragraph (4) of section 7(a) is amended by striking out "except that a loan made for the purpose of constructing facilities may have a maturity of ten years" and inserting in lieu thereof "except that such portion of a loan made for the purpose of constructing facilities may have a maturity of fifteen years". SEC. 104. The subsection added to section 7 of the Small Business Act by the Disaster Relief Act of 1966 (Public Law 89-769), and designated thereby as subsection (e), is redesignated as subsection (f). SEC. 105. Subparagraph (B) of paragraph (1) of section 8(b) of the Small Business Act is amended to read as follows: " (B) in the case of any individual or group of persons cooperating with it in furtherance of the purposes of subparagraph (A), (i) to allow such an individual or group such use of the Administration's office facilities and related materials and services
 * J as the Administration deems appropriate; and (ii) to pay the

transportation expenses and a per diem allowance in accordance with section 5703 of title 5, United States Code, to any such individual for travel and subsistence expenses incurred at the request of the Administration in connection with travel to a point more than fifty miles distant from the home of that individual in pro„ viding gratuitous services to small businessmen in furtherance of the purposes of subparagraph (A) or in connection with attendance at meetings sponsored by the Administration;".

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PUBLIC LAW 90-104-OCT. 11, 1967

SEC. 106. Paragraph (13) of section 8(b) of the Small Business Act is amended to read as follows: "(13) to establish such advisory boards and committees as may be necessary to achieve the purposes of this Act and of the Small Business Investment Act of 1958; to call meetings of such boards and committees from time to time; to pay the transportation expenses and a per diem allowance in accordance with section 5703 of title 5, United States Code, to the members of such boards and committees for travel and subsistence expenses incurred at the request of the Administration in connection with travel to points more than fifty miles distant from the homes of such members in attending the meetings of such boards and committees; and to rent temporarily, within the District of Columbia or elsewhere, such hotel or other accommodations as are needed to facilitate the conduct of such meetings; and". SEC. 107. Section 8(b) of the Small Business Act is amended— (1) by striking out "and" at the end of paragraph (13); (2) by striking out the period at the end of paragraph (14), by inserting "; and" in lieu thereof, and by adding the following new paragraph: " (15) to disseminate, without regard to the provisions of section 4154 of title 39, United States Code, data and information, in such form as it shall deem appropriate, to public agencies, private organizations, and the general public." SEC. 108. The subsection added to section 402 of the Economic Opportunity Act of 1964 by section 405 of the Economic Opportunity Amendments of 1966 (Public Law 89-794), and designated thereby as subsection (b), is redesignated as subsection (c).

Advisory boards. 72 Stat. 3 9 1. 15 USC 637.

72 Stat. 689. 15 USC 661 note.

80 Stat. 499.

,L.-''f

Information, dissemination. 74 Stat. 6 6 1.

80 Stat. 1465. 42 USC 2902.

TITLE II SEC. 201. This title may be cited as the "Small Business Investment Act Amendments of 1967". SEC. 202. Section 301(c) of the Small Business Investment Act of 1958 is amended to read as follows: "(c) The articles of incorporation and amendments thereto shall be forwarded to the Administration for consideration and approval or disapproval. I n determining whether to approve such a company's articles of incorporation and permit it to operate under the provisions of this Act, the Administration shall give due regard, among other things, to the need and availability for the financing of small business concerns in the geographic area in which the proposed company is to commence business, the general business reputation and character of the proposed owners and management of the company, and the probability of successful operations of such company including adequate profitability and financial soundness. After consideration of all relevant factors, if it approves the company's articles of incorporation, the Administration may in its discretion approve the company to operate under the provisions of this Act and issue the company a license for such operation." SEC. 203. (a) Section 302(a) of the Small Business Investment Act of 1958 is amended to read as follows: "SEC. 302. (a) Each company authorized to operate under this Act shall have a combined private paid-in capital and paid-in surplus in an amount (1) not less than $150,000, and (2) adequate to assure a reasonable prospect that the company will be operated soundly and profitably, and managed actively and prudently in accordance with its articles of incorporation." (b) The heading of section 302 of such Act is amended to read as follows: "CAPITAL REQUIREMENTS".

Small B u s i n e s s Investment Act Amendments of 1967. Articles of incorporation. Criteria for approval. 72 Stat. 6 9 1. 15 USC 6 8 1.

Capital and s u r p l u s, minimum requirements. 15 USC 682.

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