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 1644

^n'^^ Y ^?om m 1351, 1381, 1396.

PUBLIC LAW 93-517-DEC. 7, 1974

For making, after March 31 of the current fiscal year, payments to States under titles I, IV, VI, X, X IV, X VI, and X IX, respectively, of the Soclal Security Act, for the last three months of the current nscal year (except with respect to activities included m the appropriation for "Work incentives-'); and for making, after April 30 of the current fiscal year, payments for the first quarter of the next succeeding fiscal year; such sums as may be necessary, the obligations incurred and the expenditures made thereunder for payments under each of such titles to be charged to the subsequent appropriations therefor for the current or succeeding fiscal year. In the administration of titles I, IV (other than part C thereof), VI, X, X IV, X VI, and X IX, respectively, of the Social Security Act, payments to a State under any such titles for any quarter in the period beginning April 1 of the prior year, and ending June 30 of the current year may be made with respect to a State plan approved under such title prior to or during such period, but no such payment shall be made with respect to any plan for any quartei" prior to the quarter in which such plan was submitted for approval. Such amounts as may be necessary fiom this appropriation shall be available for grants to States for any period in the piior fiscal year subsequent to March 31 of that year. WORK

42 USC 630. 42 USC 602. 42 USC 631. 42 USC 6 0 3.

IN(ENTIVES

For carrying out a work incentive program, as authorized by part C Q^ ^j^ig JY ^f ^j^g Social Security Act, including registration of individuals for such program, and for related child care and other supportive services, as authorized by section 402(a) (19)(G) of the Act, including transfer to the Secretary of Labor, as authorized by section 431 of the Act, $210,000,000, which shall be the maximum amount available for transfer to the Secretary of Labor and to which the States may become entitled pursuant to section 403(d) of such Act, for these purposes. REHABILITATION

29 USC 701 "°42 USC 242a. 22 USC 2101 "°29*use 730. 29 USC 74o[

[88 STAT.

SERVICES

For carrying out, except as otherwise provided, the Rehabilitation j^^^ of 1973^ section 303(a)(1) of the Public Health Service Act, and the International Health Research Act of 1960, $771,820,000; of which $680,000,000 shall be for activities under section 110 of the Rehabilitation Act of 1973; and of which $23,000,000 shall be for activities under sections 120 and 130 of the Rehabilitation Act of 1973.

750. SALARIES A N D E X P E N S E S

42 USC 4 0 1.

For expenses, not otherwise provided, necessary for the Social and Rehabilitation Service, $63,819,000, together with not to exceed $600,000 to be transferred from the Federal Disability Insurance Trust Fund, and the Federal Old-Age and Survivors Insurance Trust Fund, as provided in section 201(g)(1) of the Social Security Act. SOCIAL SECURITY

ADMINISTRATION

P A Y M E N T S TO SOCIAL SECURITY TRUST

AoV ^f^ 1\lk 42 USC 426ar' 1395i-l.

FUNDS

For payment to the Federal Old-Age and Survivors Insurance, the Federal Disability Insurance, the Federal Hospital Insurance, and the Federal Supplementary Medical Insurance Trust Funds, as provided under sections 217(g), 228(g), 229(b), and 1844 of the Social Security Act, and sections 103(c) and 111(d) of the Social Security Amendments of 1965, $3,345,323,000.

�


text: Dictionary of National Biography, 1885-1900/Williams, William Mattieu

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


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PUBLIC LAW 93-517-DEC. 7, 1974

1645

SPECIAL B E N E F I T S FOR DISABLED COAL M I N E R S

For carrying out title IV of the Federal Coal Mine Health and benl^fitl^""^ Safety Act of 1969, including- the payment of travel expenses 30 USC 901. either on an actual cost or commuted basis, to an individual for travel incident to medical examinations, and to parties, their representatives and all reasonably necessary witnesses for travel within the United States, Puerto Rico, and the Virgin Islands, to reconsideration interviews and to proceedings before administrative law judges, $876,089,000: Provided, That such amounts as may be agreed upon by the Department of Health, Education, and Welfare and the Postal Service shall be used for payment, in such manner as said parties may jointly determine, of postage for the transmission of official mail matter by States in connection with the administration of said Act. l^enefit payments after April 30: For making, after April 30 of the current fiscal year, payments to entitled beneficiaries under title IV of the Federal Coal JNline Health and Safety Act of 1969, for the last two months of the current fiscal year, such sums as may be necessary, the obligations and expenditures therefor to be charged to the appropriation for the succeeding- fiscal year. Whenever the Commissioner of Social Security finds it will promote Hearings, the achievement of the provisions of title IV of the Federal Coal Mine Health and Safety Act of 1969, qualified persons may be appointed to conduct hearings thereunder without meeting the requirements for administrative law judges appointed under 5 U.S.C. 3105, but such appointments shall terminate not later than December 31, 1975: Provided, That no person shall hold a hearing in any case with which he has been concerned pi-eviously in the administration of such title. SUPPLEMENTAL

SECURITY

INCOME

PROGRAM

For carrying out the Supplemental Security Income program under title X VI of the Social Security Act, section 401 of Public Law 92-603, 42 USC ^lasi, and section 212 of Public Law 93-66, including payment to the social ^\^^stau^]155. security trust funds for administrative expenses incurred pursuant to section 201(g)(1) of the Social Security Act, $4,774,000,000: Pro- 42 USC 4 0 1. nided^ That for carrying out these activities for the last two months of the current fiscal year, such sums as may be necessary shall be available, the obligations and expenditures therefor to be charged to the appropriation for the succeeding fiscal year. L I M I T A T I O N ON SALARIES A N D

EXPENSES

For necessary expenses, not more than $2,004,729,000 may be expended as authorized by section 201(g)(1) of the Social Security Act, from any one or all of the trust funds referred to therein: Provided, That such amounts as are required shall be available to pay ^2 USC 421 travel expenses either on an actual cost or commuted basis, to an "°'^' individual for travel incident to medical examinations, and to parties, their representatives and all reasonably necessary witnesses for travel within the United States, Puerto Rico, and the Virgin Islands to reconsideration interviews and to proceedings before administrative law judges under titles II, X VI, and X VIII of the Social Security Act: Provided further, That $25,000,000 of the foregoing amount shall 42 USC 401, be apportioned for use pursuant to section 3679 of the Revised Statutes ^^^^' ^^^^' (31 U.S.C. 665), (mly to the extent necessary to process workloads not anticipated in the budget estimates and to meet mandatory increases in costs of agencies or organizations with which agreements have been made to participate in the administration of titles X VI and X VIII and section 221 of title II of the Social Security Act, and after 42 USC 421,

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 1646

PUBLIC LAW 93-517-DEC. 7, 1974

[88 STAT.

maximum absorption of such costs within the remainder of the existing limitation has been achieved: Provided further, That such amounts as may be agreed upon by the Department of Health, Education, and Welfare and the United States Postal Service shall be used for payment, in such manner as said organizations may jointly determine, of postage for the transmission of official mail matter in connection with the administration of the social security program by States participating in the program: Provided further, That such amounts as may be required may be expended for administration within the United States of the social insurance program of the United Kingdom, under terms of an agreement wherein similar services will be provided by the United Kingdom in that country for administration of the social insurance program of the United States. LIMITATIOX o x

40 USC 356 note.

4o'usc 603 "°42 USC 401

CONSTRUCTIOX

For acquisition of sites, construction and equipment of facilities and for payments of principal, interest, taxes, and any other obligations under contracts entered into pursuant to the Public Buildings Purchase Contract Act of 1954 and the Public Buildings Amendments of 1972, $8,232,000, to be expended as authorized by section 201(g)(1) ^^ ^^® Social Security Act, from any one or all of the trust funds referred to therein, and to remain available until expended. SPECIAL INSTITUTIONS AMERICAN PRINTING HOUSE FOR THE BLIND

For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 101-105). $1,967,000. NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

For carrying out the National Technical Institute for the Deaf Act (20 U.S.C. 681, et seq.), $9,819,000, of which $1,981,000 shall be for construction and shall remain available until expended. GALLAUDET COLLEGE D.C. Code 31 1051 note. D.C. Code 31

1025.

For carrying out the Model Secondary School for the Deaf Act (80 Stat. 1027) and for the partial support of Gallaudet College authorized by the Act of June 18, 1954, $27,543,000 of which $10,465,000 shall be for construction and shall remain available until expended: Provided, That if requested by the college, such construction shall be supervised by the General Services Administration. HOWARD UNIVERSITY

For the partial support of Howard University, $79,650,000, of which $12,500,000 shall be for construction and shall remain available until expended: Provided, That if requested by the university, such construction shall be supervised by the General Services Administration. ASSISTANT SECRETARY FOR H U M A N HUMAN

42 USC 626.

42 USC 3001 "Tnte p 4

DEVELOPMENT

DEVELOPMENT

For carrying out, except as otherwise provided, section 426 of the Social Security Act, the Act of April 9, 1912 (42 U.S.C. 191), the Older Americans Act of 1965, and the Child Abuse Prevention and Treatment Act, $177,950,000.

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 88 STAT. ]

1647

PUBLIC LAW 93r517-DEC. 7, 1974 OFFICE OF THE

SECRETARY

OFFICE FOR CIVIL

RIGHTS

For expenses necessary for the Office for Civil Rights $22,207,000, together with not to exceed $1,466,000, to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act from any one or all of the trust funds referred to therein, which sum shall be available for expenditure to enforce any order, with respect to the desegregation of schools of a local educational agency, requiring the transportation of students from one school to another school only under the same circumstances and in the same manner whether the residence of the students of such school or the principal office of such local educational agency is situated in the northern, eastern, western, or southern part of the United States. DEPARTMENTAL

42 USC 4 0 1.

MANAGEMENT

For expenses, not otherwise provided, necessary for departmental management, including hire of six medium sedans, and for carrying out, to the extent not otherwise provided, section 1110 of the Social Security Act, $82,722,000 together with not to exceed $8,226,000 to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act from any one or all of the trust funds referred to therein; and not to exceed $29,000 to be transferred from "Revolving fund for certification and other services," Food and Drug Administration.

42 USC 1310.

GENERAL PROVISIONS

S E C 201. None of the funds appropriated by this title to the Social and Rehabilitation Service for grants-in-aid of State agencies to cover, in whole or in part, the cost of operation of said agencies, including the salaries and expenses of officers and employees of said agencies, shall be withheld from the said agencies of any States which have established by legislative enactment and have m operation a merit system and classification and compensation plan covering the selection, tenure in office, and compensation of their employees, because of any disapproval of their personnel or the manner of their selection by the agencies of the said States, or the rates of pay of said officers or employees. SEC. 202. The Secretary is author-ized to make such transfers of motor vehicles, between bureaus and officers, without transfer of funds, as may be required in carrying out the operations of the Department. SEC. 203. None of the funds provided herein shall be used to pay any recipient of a grant for the conduct of a research pi-oject an amount equal to as much as the entire cost of such project. SEC. 204. None of the funds contained in this Act shall be used for any activity the purpose of which is to require any recipient of any project grant for research, training, or demonstration made by any officer or employee of the Department of Health, Education, and Welfare to pay to the United States any portion of any interest or other income earned on payments of such grant made before July 1, 1964; nor shall any of the funds contained in this Act be used for any activity the purpose of which is to require payment to the United States of any portion of any interest or other income earned on payments made before July 1, 1964, to the American Printing House for the Blind. ^

Withholding funds, restriction.

Motor vehicl transfer. 42 USC 350f

Research grants.

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text: Dictionary of National Biography, 1885-1900/Williams, William Peere (1664-1736)


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 1648 Expenditures subject to audit.

Federal positions in Washington area.

42 USC 209.

5 USC 5332 note. Forced student busing. 42 USC 2000c.

PUBLIC LAW 93-517-DEC. 7, 1974

[88 STAT.

SEC. 205. Funds appropriated under this title to the American Printing House for the Blind, Howard University, the National Technical Institute for the Deaf, the iSIodel Secondary School for the Deaf, and Gallaudet College shall be awarded to these institutions in the form of lump-sum grants and expenditures made therefrom shall be subject to audit by the Secretary of Health, Education, and Welfare. ^ . ". . SEC. 206. Xone of the funds contained in this title shall be available for additional permanent Federal positions in the Washington area if the proportion of additional positions in the Washington area in relation to the total new positions is allowed to exceed the proportion existing at the close of fiscal year 1966. SEC. 207. Appropriations in this Act for the Health Services Administration, the National Institutes of Health, the Center for Disease Control, the Alcohol, Drug Abuse, and Mental Health Administration, the Health Resources Aduiinistration and the Office of the Secretary shall be available for expenses for active commissioned officers in the Public Health Service Reserve Corps and for not to exceed two thousand eight hundred commissioned officers in the Regular Corps; expenses incident to the dissemination of health information in foreign countries through exhibits and other appropriate means; advances of funds for compensation, travel, and subsistence expenses (or per diem in lieu thereof) for persons coming from abroad to participate in health or scientific activities of the Department pursuant to law; expenses of primary and secondary schooling of dependents in foreign countiies, of Public Health Service commissioned officers stationed in foreign countries, at costs for any given area not in excess of those of the Department of Defense for the same area, when it is determined by the Secretary that the schools available in the locality are unable to provide adequately for the education of such dependents, and for the transpoilation of such dependents between such schools and their places of residence when the schools are not accessible to such dependents by regular means of transportation; rental or lease of living quarters (for periods not exceeding 5 years), and provision of heat, fuel, and light, and nuiintenance, improvement, and repair of such quarters, aud advance payments therefor, for civilian officers and employees of the Public Health Service who are United States citizens and who have a permanent station in a foreign country; purchase, erection, and maintenance of temporary or portable structures; and for the payment of compensation to consultants or individual scientists appointed for limited periods of time pursuant to section 207(f) or section 207(,g) of the Public Health Service Act, at rates established by the Assistant Secretary for Health, or the Secretary where such action is required by statute, not to exceed the per diem rate equivalent to the rate for GS-18. SEC. 208. No part of the funds contained in this title may be used to force any school or school district which is desegregated as that term is defined in title IV of the Civil Rights Act of 1964, Public Law 88-352, to take any action to force the busing of students; to force on account of race, creed, or color the abolishment of any school so desegregated; or to force the transfer or assignment of any student attending any elementary or secondary school so desegregated to or- from a particular school over the protest of his or her parents or parent. SEC. 209. (a) No part of the funds contained in this title shall be used to force any school or school district which is desegregated as that term is defined in title IV of the Civil Rights Act of 1964, Public Law 88-352, to take any action to force the busing of students; to require the abolishment of any school so desegregated;

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PUBLIC LAW 93-517-DEC. 7, 1974

1649

or to force on account of race, creed, or color the transfer of students to or from a particular school so desegregated as a condition precedent to obtaining Federal funds otherwise available to any State, school district, or school. (b) No funds appropriated in this Act may be used for the transportation of students or teachers (or for the purchase of equipment for such transportation) in order to overcome racial imbalance in any school or school system, or for the transportation of students or teachers (or for the purchase of equipment for such transportation) in order to carry out a plan of racial desegregation of any school or school system. This title may be cited as the "Department of Health, Education, citation of and Welfare Appropriation Act, 1975." ""^" TITLE III—KELATED AGENCIES ACTION OPERATING EXPENSES, DOMESTIC PROGRAMS

For expenses necessary for Action to carry out the provisions of the Domestic Volunteer Service Act of 1973 (Public Law 93-113), ^2 USC 4951 $100,000,000. "°'^CORPORATION FOR PUBLIC BROADCASTING PAYMENT TO THE CORPORATION FOR PUBLIC BROADCASTING

To enable the Department of Health, Education, and Welfare to make payment to the Corporation for Public Broadcasting, as authorized by section 3 9 6 (k)(l) of the Communications Act of 1934, as amended, for expenses of the Corporation, $57,000,000, to remain available until expended: Provided, That in addition, there is appropriated in accordance with the authorization contained in section 396(k)(2) of such Act, to remain available until expended, amounts equal to the amount of total grants, donations, bequests or other contributions (including money and the fair market value of any property) from non-Federal sources received by the Corporation during the curreat fiscal year, but not to exceed a total of $5,000,000.

47 USC 396.

FEDERAL MEDIATION AND CONCILIATION SERVICE SALARIES A N D EXPENSES

For expenses necessary for the Federal Mediation and Conciliation Service to carry out the functions vested in it by the Labor-Management Relations Act, 1947 (29 U.S.C. 171-180,182), including expenses of the Labor-Management Panel and boards of inquiry appointed by the President; hire of passenger motor vehicles; and rental of conference rooms in the District of Columbia; $15,521,000. NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE SALARIES AND EXPENSES

For necessary expenses of the National Commission on Libraries and Information Science, established by the Act of July 20, 1970 (Public Law 91-345), $409,000. ^^20 USC isoi

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4 have had a variety of notions in his mind, but among his earliest original conceptions is the idea of a kind, creative, Supreme Being, whom men may worship.” I have referred to possible totemism, teraphim-worship, tree-worship, and stone-worship, even in early Israel. I never dreamed of denying to the Australians similar departures from the belief in “a kind, creative, Supreme Being” (not that I know them to worship stones and trees), or any quantity of myths in which their Supreme Beings appear in every conceivable undignified figure and action. Consequently, none of Mr. Hartland’s extracts from the chronique scandaleuse of Bunjil or Baiame disproves my contention that the notion of “a kind, creative Supreme Being” is among the ideas of the Australians. “The mythology of the god is a kind of joke with no sacredness about it,” I said. “No doubt this is a very convenient way of treating awkward statements,” says Mr. Hartland. But what is all the puzzling part of mythology but “a kind of joke,” a series of irreverences towards the central religious conception at its best? And what is the puzzle of mythology but this “silly, senseless, and savage element,” as Mr. Max Müller says, puzzling just because so closely associated with the belief in beings who, at lowest, are dreaded and powerful?

Our own sacred writings include the idea of a kind, creative Supreme Being; but surely it is needless to point out that, as in Australia, contradictory statements also occur, both as to the moral and creative aspects. (Genesis, i. 27, ii. 7, 21; Luke iii. 38 (this text, of course, is not meant literally); James i. 13; 1 Kings xxii. 20-23.) Mr. Hartland says “the sublime conception of the creative fiat as set forth in the book of Genesis, and interpreted by Christian dogma, is the product of ages of civilisation.” Yet, despite these ages of civilisation, our sacred books contain contradictions of the idea of sheer


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 1650

PUBLIC LAW 93-517-DEC. 7, 1974

[88 STAT.

NATIONAL LABOR RELATIONS BOARD SALARIES AND EXPENSES

29 USC 141.

For expenses necessary for the National Labor Relations Board to carry out the functions vested in it by the Labor-Management Relations Act, 1947, as amended (29 U.S.C. 141-167), and other laws $60,980,000: Provided, That no part of this appropriation shall be available to organize or assist in organizing agricultural laborers or used in connection with investigations, hearings, directives, or orders concerning bargaining units composed of agricultural laborers as referred to in section 2(3) of the Act of July 5, 1935 (29 U.S.C. 152), and as amended by the Labor-Management Relations Act, 1947, as amended, and as defined in section 3(f) of the Act of June 25, 1938 (29 U.S.C. 203), and including in said definition employees engaged in the maintenance and operation of ditches, canals, reservoirs, and waterways when maintained or operated on a mutual, nonprofit basis and at least 95 per centum of the water stored or supplied thereby is used for farming purposes. NATIONAL MEDIATION

BOARD

SALARIES AND EXPENSES

For expenses necessary for carrying out the provisions of the Railway Labor iVct, as amended (45 ILS.C. 151-188), including emergency boards appointed by the President, $3,186,000. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION SALARIES AND EXPENSES

For expenses necessary for the Occupational Safety and Health Review Commission, $5,5\2,000. RAILROAD RETIREMENT BOARD PAYMENTS FOR MILITARY SERVICE CREDITS

For payments to the railroad retirement account for military service credits under the Railroad Retirement Act, as amended (45 U.S.C. 228C-1), $3,516,000. LIMITATION

ON

SALARIES AND

EXPENSES

For expenses necessary for the Railroad Retirement Board, $24,336,000, to be derived from the railroad retirement accounts: Provided, That $500,000 of the foregoing amount shall be apportioned for use pursuant to section 3679 of the Revised Statutes, as amended (31 U.S.C. 665), only to the extent necessary to process workloads not anticipated in the budget estimates and after maximum absorption of the costs of such workloads within the remainder of the foregoing limitation has been achieved: Provided further, That notwithstanding any other provision in law, no portion of this limitation shall be available for payments of standard level user charges pursuant to section 210(j) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 490 (j)).

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PUBLIC LAW 93-517-DEC. 7, 1974

1651

SOLDIERS' AND AIRMEN'S HOME OPERATION AND MAINTENANCE

For maintenance and operation of the United States Soldiers' and Airmen's Home, to be paid from the Soldiers' and Airmen's Home permanent fund, $14,505,000: Provided, That this appropriation shall not be available for the payment of hospitalization of members of the Home in United States Army hospitals at rates in excess of those prescribed by the Secretary of the Army upon recommendation of the Board of Commissioners of the Home and the Surgeon General of the Army. TITLE IV—GENEEAL PROVISIONS SEC. 401. Appropriations contained in this Act, available for sala- consuulnts"'^ ries and expenses, shall be available for services as authorized by 5 U.S.C. 3109 but at rates for individuals not to exceed the per diem rate equivalent to the rate for GS-18. 5 USC 5332 note. SE(. 402. Appropriations contained in this Act available for sala- umform aiiowries and expenses shall be available for uniforms or allowances there- "^^• for as authorized by law (5 U.S.C. 5901-5902). SEC. 403. Appropriations contained in this Act available for salaries Meetings. and expenses shall be axailable for expenses of attendance at meetings which are concerued with the functions or activities for which the appropriation is made oi- which will contribute to improved conduct, supervision, oi' managoment of those functions or activities. SEC. 404. Xo pait of any appropriation contained in this Act shall amua'tfo/^^'^ remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 405. Xo part of any appropriation contained in this Act shall be used to finance any Civil Service Interagency Board of Examiners. S E ( \ 406. Xo part of the funds appropriated undei- this Act shall j / " " * ^ ^ '° '^^'"P"^ be used to provide a loan, guarantee of a loan, a grant, the salary of hibiuom"' ^'^°" or any remuneration whatever to any individual applying for admission, attending, employed by. teaching at, or doing research at an institution of higher education who has engaged in conduct on or after August 1, 1969, which involves the use of (or the assistance to others in the use of) force or the threat of force or the seizure of property under the control of an institution of higher education, to require or prevent the availability of certain curriculum, or to prevent the faculty, administrative officials, or students in such institution from engaging in their duties or pursuing their- studies at such institution. SEC. 407. The Secretary of Labor and the Secretary of Health, Edu- ^ Jj^"^^^' °^ cation, and Welfare are authorized to transfer unexpended balances of prior appropriations to accounts corresponding to current appropriations provided in this Act: Provided, That such transferred balances are used for the same purpose, and for the same periods of time, for which they were originally appropriated. SEC, 408. Funds contained in this Act used to pay for contract serv- Fiscal year ices by profitmaking consultant firms or to support consultant appoint- i""ita''o"ments shall not exceed the fiscal year 1973 level: Provided,^ That obligations made from funds contained in this Act for consultant fees and services to any individual or group of consulting firms on any one project in excess of $25,000 shall be reported to the Senate and House of Representatives at least twice annually. SEC. 409. Xo part of any appropriation contained in this Act shall ^ ^""ds restricbe used, other than for normal and recognized executive-legislative

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 1652

PUBLIC LAW 93-518-DEC. 7, 1974

GSA, spac^e

40 USC 490. Official receptions.

Ante, pp. 1634,

1637

amr'"^'^'' " ° ^

grams

Regulations. Short title.

[88 STAT.

relationships, for publicity or propaganda purposes, for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television or film presentation designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself. gj,^.^ ^]^Q^ ^Q pg^j.^ Qf ^^y appropriation contained in this Act shall be available for paying to the Administrator of the General Services Administration in excess of 90 percent of the standard level user charge established pursuant to section 210(j) of the Federal Property and Administrative Services Act of 1949, as amended, for space and services. SEC. 411. The Secretary of Labor and the Secretary of Health, Education, and Welfare are each authorized to make available not to exceed $7,500 from funds available for salaries and expenses under tltles I aud II, rcspectlvcly, for official reception and representation expenses. ^^^- ^^^- None of the funds appropriated by this Act shall be used to pay for any research program or project or any program, project, or course which is of an experimental nature, or any other activity involving human participants, which is determined by the Secretary or a court of competent jurisdiction to present a danger to the physical, mental, or emotional well-being of a participant or subject of such program, project, or course, without the written, informed consent of each participant or subject, or his parents or legal guardian, if such participant or subject is under eighteen years of age. The Secretary shall adopt appropriate regulations respecting this section. This Act may be cited as the "Departments of Labor, and Health, Education, and Welfare Appropriation Act, 1975". Approved December 7, 1974. Public Law 93-518

December 7, 1974

1 ^ 3202] ^-

^

AC i

rpo amend the Farm Labor Contractor Registration Act of 1963 to provide for the extension of coverage and to further effectuate the enforcement of such Act.

Be it enacted by the Senate and House of Representatives of the co^^r^ct^orRe is- United States of America in Congress assembled, That (a) this Act tration Act Admay bc citcd as the "Farm Labor Contractor Registration Act Amendmendments of

meUtS of

^ 7 USC 2041 note.

(b) Unless the context otherwise requires, whenever in this Act an amendment is expressed in terms of an amendment to a section or other provision the reference shall be considered to be made to a section or other provision of the Farm Labor Contractor Registration Act of 1963 (7 U.S.C. 2041 et seq.). gj,(._ 2^ Section 3 of the Act is amended by striking out the word "interstate" each place where it appears therein. The first sentence of section 3(b) is amended to delete therefrom the phrase "ten or more" and the phrase "at any one time in any calendar year". The second sentence of section 3(b) is amended to read as follows: "Such term shall not include— " (1) any nonprofit charitable organization, public or nonprofit private educational institution, or similar organization;

7 USC 2042.

1974".

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PUBLIC LAW 93-518-DEC. 7, 1974

1653

"(2) any farmer, processor, canner, ginner, packing shed operator, or nurseryman who personally engages in any such activity for the purpose of supplying migrant workers solely for his own operation; "(3) any full-time or regular employe of any entity referred to in (1) or (2) above who engages in such activity solely for his employer on no more than an incidental basis; "(4) any person who engages in any such activity (A) solely within a twenty-five mile intrastate radius of his permanent place of residence and (B) for not more than thirteen weeks per year; "(5) any person who engages in any such activity for the purpose of obtaining migrant workers of any foreign nation for employment in the United States if the employment is subject to— " (A) an agreement between the United States and such foreign nation; or " (B) an arrangement with the government of any foreign nation under which written contracts for the employment of such workers are provided for and the enforcement thereof is provided for through the United States by an instrumentality of such foreign nation; "(6) any full-time or regular employee of any person holding a certificate of registration under this Act; or "(7) any common carrier or any full-time regular employee thereof engaged solely in the transportation of migrant workers." SEC. 3. Section 3(d) of the Act is amended to read as follows: J use 2042. " (d) The term 'agricultural employment' means employment in el'^o'^menl^''^^ any service or activity included within the provisions of section 3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)), or section 3121(g) of the Internal Revenue Code of 1954 (26 U.S.C. 3121(g)) and the handling, planting, drying, packing, packaging, processing, freezing, or grading prior to delivery for storage of any agricultural or horticultural commodity in its unmanufactured state.". SEC. 4. Section 4 of the Act is amended by adding at the end thereof '' "sc 2043. the following new subsections: e f at "(c) No person shall engage the services of any farm labor con- r e g esrttria it co ne of i i. tractor to supply farm laborers unless he first determines that the farm labor contractor possesses a certificate from the Secretary that is in full force and effect at the time he contracts with the farm labor contractor. " (d) Upon determination by the Secretary that any person knowingly has engaged the services of any farm labor contractor who does not possess such certificate as required by subsection (c) of this section, the Secretary is authorized to deny such person the facilities and services authorized by the Act of June 6, 1933 (48 Stat. 113; 29 U.S.C. 49 et seq.), commonly referred to as the Wagner-Peyser Act, for a period of up to three years.". SEC. 5. Section 5(a) is amended by— 7 USC 2044. (1) striking the word "and" after paragraph (2), (2) striking the period at the end of paragraph (3) and inserting in lieu thereof a semicolon, and (3) adding the following new paragraphs: "(4) has filed, under such terms as the Secretary may pre- Filing of stat scribe, a statement identifying each vehicle to be used by the '"^'^ " applicant for the transportation of migrant workers, and all real property to be used by the applicant for the housing of migrant

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Page:United States Statutes at Large Volume 88 Part 2.djvu/338

 1654

erl^e"'^^"^ °''" 7 USC 2044. 49 USC p r e c. 1 note.

Regulations

ca^fon'o'f c'ertmcate." " ^

PUBLIC LAW 93-518-DEC. 7, 1974

[88 STAT.

workers, during the period for which registration is sought, along with proof that every such vehicle and all such housing currently conform to all applicable Federal and State safety and health standards to the extent that such vehicle and all such housing are under the applicant's ownership or control; and "(5) has consented to designation of the Secretary as the agent available to accept service of summons in any action against such farm labor contractor at any and all times during which such farm labor contractor has departed from the jurisdiction in which such action is commenced or otherwise has become unavailable to accept service, under such terms and conditions as are set by the court in which such action has been commenced.". SEC. 6. Section 5(a)(2) is amended by striking the second sentence and inserting in lieu thereof the following: "In no event shall the amount of such insurance be less than the amount currently applicable to vehicles used in the transportation of passengers in interstate commerce under the Interstate Commerce Act and regulations promulgated pursuant thereto, or amounts offering comparable protection to persons or property from damages arising out of the applicant's ownership of, operation of, or his causing to be operated any vehicle ^^ provided herewith: Provided, That the Secretary shall have the discretion to issue regulations requiring insurance in the highest amounts feasible which are less than the amounts currently applicable to vehicles used in the transportation of passengers in interstate commerce under the Interstate Commerce Act and regulations promulgated pursuant thereto, if the Secretary, after due and careful consideration, determines that the insurance coverage in such amounts is not available to farm labor contractor's in the same manner and in the same amounts as such coverage is available to other carriers used to transport passengers in interstate commerce;". ^^c. 7. Section 5(b) is amended by— (1) striking "or" at the end of paragraph (9); (2) striking the period at the end of paragraph (10) and inserting a semicolon in lieu thereof; and (3) adding after paragraph (10) the following new paragraphs: " (11) is not in fact the real party in interest in any such application or certificate of registration and that the real party in interest is a person, firm, partnership, association, or corporation who previously has been denied a certificate of registration, has had a certificate of registration suspended or revoked, or who does not presently qualify for a certificate or registration; or "(12) has used a vehicle for the transportation of migrant workers, or has used real property for the housing of migrant workers, while such vehicle or real property failed to conform to all applicable Federal and State safety and health standards, to the extent any such vehicle or real property has come within the ownership or control of such farm labor contractor." (4) striking "or prostitution", at the end of paragraph (7) and adding in lieu thereof the following: "prostitution, or peonage; where the date of the judgment of conviction of any crime as specified herein has been entered within a period of five years preceding the action of the Secretary under this subsection";

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 88 STAT. ]

PUBLIC LAW 93-518-DEC. 7, 1974

1655

(5) striking all after the word "utilized" in paragraph (6) and inserting in lieu thereof the following: ", with knowledge, the services of any person, who is an alien not lawfully admitted for permanent residence, or who has not been authorized by the Attorney General to accept employment;". SEC. 8. Section 5 is amended by adding at the end thereof the ^ ^^^- 2044. following new subsection: " (d) Persons issued a certificate of registration under this section shall provide the Secretary a notice of each and every address change within ten days after such change. The Secretary shall maintain a Pjblic centrc.i public central registry of all persons issued certificates of registration "^^'^^"yunder this section. Persons issued a certificate of registration under this section shall provide to the Secretary documentation required under section 5(a)(4) of the Act applicable to any vehicle which the applicant obtains for use in the transportation of migrant workers and any real property which the applicant obtains or learns will be used for the housing of migrant workers during the period for which the certificate of registration is issued, within ten days after he obtains or learns of the intended use of such vehicle or real property, to the extent that such vehicle or such real property is under the ownership of control of such persons who have been issued certificates of registration.". Si,c. 9. Section 6(a) of the Act is amended by inserting immediately 7 USC 2045. before the semicolon at the end thereof the following: "and shall be denied t]\o facilities and services authorized by the Act of June 6, 1933 (29 U.S.C. 49 et seq.). upon refusal or failure to exhibit the same". Disclosur SEC. 10. Section 6(b) of the Act is amended by striking the word information.e ol" "and" before paragraph (5), and by striking the semicolon at the end of paragraph (5) and adding at the end thereof the following: "(6) the period of employment, (7) the existence of a strike or other concerted stoppage, slowdown, or interruption of operations by employees at a place of contracted employment, and (8) the existence of any arrangements with any owner, proprietor, or agent of any commercial or retail establishment in the area of employment under which he is to receive a commission or any other benefit resulting from any sales provided to such commercial or retail establishment from the migrant workers whom he recruits. The disclosure required under this subsection shall be in writing in a language in which the worker is fluent, and written in a manner understandable by such worker's on such forms and under such terms and conditions as the Secrotary shall pi-escribe." SEC. 11. (a) Section 6 is amended by— (1) striking "and" after paragraph (d), (2) striking the period at the end of paragraph ((5) and inserting in lieu thereof a semicolon, and (3) adding at the end thereof the following now paragraphs: "(f) refrain from recruiting, employing, or utilizing, with Aliens empioyT

T -,

1

.

»

^'

1

•

T

\L ^

knowledge, the services 01 any person, who is an alien not Jawfully admitted for permanent residence or who has not been authorized by the Attorney General to accept employment; " (g) promptly pay or contribute when due to the individuals entitled thereto all moneys or other things of value entrusted to the farm labor contractor by any farm operator for such purposes; and

ment, prohibition.

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^

PUBLIC LAW 93-518-DEC. 7, 1974

[88 STAT.

" (h) refrain from requiring any worker to purchase any goods solely from such farm labor contractor- or any other person."' 7 USC 2045. (b) Section 6(e) of the Act is amended by striking "interstate" each time it appears. Information, (c) Section 6(e) of the Act is further amended by striking the availability. last sentence and substituting the following: "He shall additionally provide to the person to whom any migrant worker is furnished all information and records required to be kept by such contractor under this subsection, and all information required to be provided to any migrant worker under this subsection. The Secretary may prescribe appropriate forms for the recording of information required by this subsection;". 7 USC 2041. (d) Section 2(b) of the Act is amended by striking the word "interstate" the second time it appears. Hearings or ingj,^. i<2,. Section 7 is amended by adding at the end thereof the 7 USC 2046. following: "The Secretary may issue subpenas requiring the attendance and testimony of witnesses or the production of any evidence in connection with such investigations. The Secretary may administer oaths and affirmations, examine witnesses, and receive evidence. For the purpose of any hearing or investigation provided for in this chapter, the provisions of sections 9 and 10 of the Federal Trade Commission Act of September 16, 1914 (15 U.S.C. 49,.50) (relating to the attendance of witnesses and the production of books, papers, and documents), are made applicable to the jurisdiction, powers, and duties of the Secretary. The Secretary shall conduct investigations in a manner which protects the confidentiality of any complainant or other party who provides information to the Secretary with respect to which the Secretary commences an investigation. The Secretary shall monitor and investigate activities of farm labor contractors in such manner as is necessary to enforce the provisions of this Act.". Penalties. SEC. 18. Section 9 of the Act is amended by inserting the subsection 7 USC 2048. designation " (a) " at the beginning thereof; by striking out "or any I'egulation prescribed hereunder"; and by striking the period at the end thereof and adding the following: ". sentenced to a prison term not to exceed one year, or both, and upon conviction for any subsequent violation, shall be punishable by a fine not to exceed $10,000 or senAnnual report. tenced to a prison term not to exceed three years, or both. The Secretary shall report on enforcement of the provisions of this Act in the annual report of the Secretary required pursuant to section 9 of the Act entitled 'An Act to create a Department of Labor', approved March 4, 1913 (37 Stat. 738, 29 U.S.C. 560). The reporting hereunder shall include, but shall not be limited to, a description of efforts to monitor and investigate the activities of farm labor contractors, the number of persons to Avlioni certificates of registration have been issued, the number of complaints of violation received by the Secretary and their disposition, and the number and nature of any sanctions imposed. ^^"^^^^y" (b)(1) Any person who commits a violation of this Act or any I'egulations promulgated under this Act, may be assessed a civil money penalty of not more than $1,000 for each violation. The penalty shall be assessed by the Secretary upon written notice, under the procedures set forth herein.

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Page:United States Statutes at Large Volume 88 Part 2.djvu/341

 88 STAT. ]

PUBLIC LAW 93-518-DEC. 7, 1974

1657

" (2) The person assessed shall be afforded an opportunity for agency Hearing. hearing, upon request made within thirty days after the date of issuance of the notice of assessment. In such hearing, all issues shall be determined on the record pursuant to section 554 of title 5, United States Code. The agency determination shall be made by final order subject to review only as provided in paragraph (3). If no hearing is requested as herein provided, the assessment shall constitute a final and unappealable order. "(3) Any person against whom an order imposing a civil money Judicial review. penalty has been entered after an agency hearing under this section may obtain review by the United States district court for any district in which he is located or the United States District Court for the District of Columbia by filing a notice of appeal in such court within thirty days from the date of such order, and simultaneously sending a copy of such notice by registered mail to the Secretary. The Secretary shall promptly certify and file in such court the record upon which the penalty was imposed. The findings of the Secretary shall be set aside if found to be unsupported by substantial evidence as provided by section 706(2)(E) of title 5, United States Code. "(4) If any person fails to pay an assessment after it has become Assessments, a final and unappealable order, or after the court has entered final judgment in favor of the agency, the Secretary shall refer the matter to the Attorney General, who shall recover the amount assessed by action in the appropriate United States district court. In such action the validity and appropriateness of the final order imposing the penalty shall not be subject to review. "(5) All penalties collected under authority of this section shall be paid into the Treasury of the United States. "(c) Notwithstanding subsections (a) and (b) of this section, any Penalty. farm labor contractor who commits a violation of subsection 6(f) of the Act or any regulations promulgated thereunder shall upon ^"'^' P- i^ss. conviction be fined not to exceed $10,000 or sentenced to a prison term not to exceed three years, or both, if the person committing such violation has failed to obtain a certificate of registration pursuant to this Act or is one whose certificate has been suspended or revoked by the Secretary." SEC. 14. (a) The Farm Labor Contractor Registration Act of 1963 is amended by redesignating sections 12, 13, and 14 thereof as sec- 2053^^*^ ^°^^ tions 15, 16, and 17, respectively, and by inserting after section 11 the following: u CIVIL RELIEF

"SEC. 12. (a) Any person claiming to be aggrieved by the violation of any provision of this Act or any regulation prescribed hereunder may file suit in any district court of the United States having jurisdiction of the parties without respect to the amount in controversy or without regard to the citizenship of the parties and without regard to exhaustion of any alternative administrative remedies provided herein. "(b) Upon application by the complainant and in such circumstances as the court may deem just, the court may appoint an attorney for such complainant and may authorize the commencement of the

7 USC 2050a.

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text:
Author:John Mason Clarke

Works

 * The Eurypterida of New York. With Rudolf Ruedemann. New York State Museum Memoir 14. 2 Volumes. Albany 1912

title: Author:John Mason Clarke


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Page:United States Statutes at Large Volume 88 Part 2.djvu/342

 1658

PUBLIC LAW 93-518-DEC. 7, 1974 ^^^'

28 USC 1291.

Injunction.

[88 STAT.

action. If the court finds that the respondent has intentionally violated any provision of this Act or any regulation prescribed hereunder, it may award damages up to and including an amount equal to the amount of actual damages, or $500 for each violation, or other equitable relief. Any civil action brought under this section shall be subject to appeal as provided in chapter 83 of title 28, United States Code. «(^(.^ jf upon investigation the Secretary determines that the provisions of this Act have been violated, he may petition any appropriate district court of the United States for temporary or permanent injunctive relief. "(d) Except as provided in section 518(a) of title 28, United States Code, relating to litigation before the Supreme Court, the Solicitor of Labor may appear for and represent the Secretary in any civil litigation brought under this Act but all such litigation shall be subject to the direction and control of the Attorney General. DISCRIMINATION PROHIBITED

7 USC 2050b.

"SEC. 13. (a) No person shall intimidate, threaten, restrain, coerce, blacklist, discharge, or in any manner discriminate against any migrant worker because such worker has, with just cause, filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act or has testified or is about to testify in any such proceedings or because of the exercise, with just cause, by such worker on behalf of himself or others of any right or protection afforded by this Act. " (b) Any worker who believes, with just cause, that he has been discriminated against by any person in violation of this section may, within one hundred eighty days after such violation occurs, file a complaint with the Secretary alleging such discrimination. Upon receipt of such complaint, the Secretary shall cause such investigation to be made as he deems appropriate. If upon such investigation, the Secretary determines that the provisions of this section have been violated, he shall bring an action in any appropriate United States district court against such person. In any such action, the United States district courts shall have jurisdiction, for cause shown, to restrain violation of subsection (a) and order all appropriate relief including rehiring or reinstatement of the worker, with back pay, or damages. "RECORDKEEPING

7 USC 2050c.

7 USC 2045.

"SEC. 14. Any person who is furnished any migrant worker by a farm labor contractor shall maintain all payroll records required to be kept by such person under Federal law, and with respect to migrant workers paid by a farm labor contractor such person shall also obtain from the contractor and maintain records containing the information required to be provided to him by the contractor uncfer section 6(e) of the Act." SEC. 15. The Act is amended by addition at the end thereof of the following new sections: "WAIVER OF RIGHTS

7 USC 2054.

"SEC. 18. Any agreement by an employee purporting to waive or to modify his rights hereunder shall be void as contrary to public policy, except a waiver or modification of rights or obligations hereunder in favor of the Secretary shall be valid for purposes of enforcement of the provisions of the Act.

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PUBLIC LAW 93-521-DEC. 14, 1974

1659

"AUTHORIZATION OF APPROPRIATIONS

"SEC. 19. There are authorized to be appropriated to carry out the purposes of this Act such sums as may be necessary for the effective enforcement of this Act." SEC. 16. Section 17 of the Act (as redesignated by this Act) is amended by striking "of sections 4,5,6, and 8". Approved December 7, 1974.

^ "^^ ^oss. ^ "^c 2053.

Public Law 93-519 AN ACT December 13, 1974

To amend section 2 of title 14, United States Code, to authorize icebreaking operations in foreign waters pursuant to international agreements, and for other purposes.

[S.3308]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2 of?^°brla^'ir'^' title 14, United States Code, is hereby amended by inserting the words ope'^rations, "shall, pursuant to international agreements, develop, establish, maintain, and operate icebreaking facilities on, under, and over waters other than the high seas and waters subject to the jurisdiction of the United States;" immediately before the words "shall engage in oceanographic research". Approved December 13, 1974. Public Law 93-520 AN ACT

To extend for one year the time for entering into a contract under section 106 of the Water Resources Development Act of 1J>74.

December 13, 1974

[S.3546]

Be it enacted by the Senate a7id House of Representatives of the United States of America in Congress assembledy That section 106 of the Water Eesources Development Act of 1974 (Public Law 93-251) ^"'e- P- 42. is amended by striking out "June 1, 1974" and inserting in lieu thereof "June 1, 1975". Approved December 13, 1974. Public Law 93-521 AN ACT

December 14, 1974

To provide that Mansfield Lake, Indiana, shall be known as "Cecil M. Harden Lake".

^^' ^^^^1

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Mansfield Lake, Indiana, created under authority of the Act entitled "An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes", approved June 28, 1938 (52 Stat. 1215, as amended and supplemented) shall be known and designated hereafter as "Cecil M. Harden Lake". Any law, regulation, map, document, or record of the United States in which such lake is referred to shall be held to refer to such lake as Cecil M. Harden Lake. Approved December 14, 1974.

Mansfield Lake, Ind.

Name change

^^ use 7oib.

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 PUBLIC LAW 93-522-DEC. 14, 1974

1660

[88 STAT.

Public Law 93-522 December 14, 1974

[H.J. Res. 444]

Sequoia National Park, Calif. Hydroelectric project permit. 16 USC 4Sa-l note. Expiration of permit. 16 USC 4Sa-l note.

16 USC 45a-l note. Rules and regulations. 16 USC 791a. Report to Congress. 16 USC 45a-l note.

JOINT

RESOLUTION

TO authorize the continued use of certain lands within the Sequoia National Park by portions of an existing hydroelectric project. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is hereby authorized to issue a permit to occupy and use lands of the United States within Sequoia National Park necessary for the continued operation, maintenance, and use of the hydroelectric project known as the Kaweah Number 3 project of Southern California Edison Company. SEC. 2. The term of such permit shall expire not later than the expiration of existing or future licenses granted by the Federal Power Commission to Southern California Edison Company for said Kaweah Number 3 project (Federal Power Commission project numbered 298), but in no event shall the term of such permit extend for any period in excess of ten years following the date of its issuance, unless specifically authorized by law. Such permit shall contain such other terms and conditions as the Secretary of the Interior shall deem necessary for the protection and utilization of Sequoia National Park. SEC. 3. Such permit shall specifically recite that the privileges granted thereby are to be exercised in accordance with the Federal Power Act (16 U.S.C. 791 (a)-825 (u)), and the rules and regulations thereunder which the Secretary of the Interior, after consultation with the Federal Power Commission, determines to be applicable. SEC. 4. The National Park Service shall, not less than one hundred and eighty days prior to the termination date of such permit, report to the Congress, in writing, with respect to the impact of the operations of the hydroelectric project (known as the Kaweah numbered 3 project of Southern California Edison Company) on the Sequoia National Park. Approved December 14, 1974. Public Law 93-523

December 16, 1974

^^^ ^^^^ '

Safe Drinking Water Act.

AN

ACT

To amend the l*ublic Health Service Act to assure that the public is provided with safe drinking water, and for other purposes. Be it enacted by the Senate and House of Representatives United Sttttcs of America in Gonqress assembled. '

'

if

of the

•>

SHORT TITLE

42 USC 3oof "°'^-

SECTION

1. This Act may be cited as the "Safe Drinking Water

Act". P U B L I C WATER SYSTEMS

SEC. 2. (a) The Public Health Service Act is amended by inserting after title X III the following new title:

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Page:United States Statutes at Large Volume 88 Part 2.djvu/345

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PUBLIC LAW 9 3 - 5 2 3 - D E C. 16, 1974

16611

^'TITLE X IV — S A F E T Y OF P U B L I C W A T E R S Y S T E M S "PART A—DEFINITIONS "DEFINITIONS

"SEC. 1401. For purposes of this title: "(1) The term 'primary drinking water regulation' means a regulation which— " (A) applies to public water systems; " (B) specifies contaminants which, in the judgment of the Administrator, may have any adverse effect on the health of persons; " (C) specifies for each such contaminant either— " (i) a maximum contaminant level, if, in the judgment of the Administrator, it is economically and technologically feasible to ascertain the level of such contaminant in water in public water systems, or " (ii) if, in the judgment of the Administrator, it is not economically or technologically feasible to so ascertain the level of such contaminant, each treatment technique known to the Administrator which leads to a reduction in the level of such contaminant sufficient to satisfy the requirements of section 1412; and " (D) contains criteria and procedures to assure a supply of drinking water which dependably complies with such maximum contaminant levels; including quality control and testing procedures to insure compliance with such levels and to insure proper operation and maintenance of the system, and requirements as to (i) the minimum quality of water which may be taken into the system and (ii) siting for new facilities for public water systems. "(2) The term 'secondary drinking water regulation' means a regulation which applies to public water systems and which specifies the maximum contaminant levels which, in the judgment of the Administrator, are requisite to protect the public welfare. Such regulations may apply to any contaminant in drinking water (A) which may adversely affect the odor or appearance of such water and consequently may cause a substantial number of the persons served by the public water system providing such water to discontinue its use, or (B) which may otherwise adversely affect the public welfare. Such regulations may vary according- to geographic and other circumstances. "(3) The term 'maximum contaminant level' means the maximum permissible level of a contaminant in water which is delivered to any user of a public water system. "(4) The term 'public water system' means a system for the provision to the public of piped water for human consumption, if such system has at least fifteen service connections or regularly serves at least twenty-five individuals. Such term includes (A) any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in

42 USC 3oof.

Post, p. 1662.

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 1662

PUBLIC LAW 93-523-DEC. 16, 1974

[88 STAT.

connection with such system, and (B) any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. "(5) The term 'supplier of water' means any person who owns or operates a public water system. "(6) The term 'contaminant' means any physical, chemical, biological, or radiological substance or matter in water. " (7) The term 'Administrator' means the Administrator of the Environmental Protection Agency. "(8) The term 'Agency' means the Environmental Protection Agency. "(9) The term 'Council' means the National Drinking Water Advisory Council established under section 1446. " (10) The term 'municipality' means a city, town, or other public body created by or pursuant to State law, or an Indian tribal organization authorized by law. "(11) The term 'Federal agency' means any department, agency, or instrumentality of the United States. " (12) The term 'person' means an individual, corporation, company, association, partnership. State, or municipality. "PART B — P U B L I C WATER SYSTEMS "COVERAGE

42 USC 3oog.

"SEC. 1411. Subject to sections 1415 and 1416, national primary drinking water regulations under this part shall apply to each public water system in each State; except that such regulations shall not apply to a public water system— "(1) which consists only of distribution and storage facilities (and does not have any collection and treatment facilities); "(2) which obtains all of its water from, but is not owned or operated by, a public water system to which such regulations apply; "(3) which does not sell water to any person; and "(4) which is not a carrier which conveys passengers in interstate commerce. "NATIONAL DRINKING WATER REGULATIONS

42 USC 3oog.i.

ugj,^^:j4;^2. (a)(1) The Administrator shall publish proposed national interim primary drinking water regulations within 90 days after the date of enactment of this title. Within 180 days after such date of enactment, he shall promulgate such regulations with such modifications as he deems appropriate. Regulations under this paragraph may be amended from time to time. " (2) National interim primary drinking water regulations promulgated under paragraph (1) shall protect health to the extent feasible, using technology, treatment techniques, and other means, which the Administrator determines are generally available (taking costs into consideration) on the date of enactment of this title.

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 88 STAT. ]

PUBLIC LAW93-523-DEC. 16, 1974

" (3) The interim primary regulations first promulgated under paragraph (1) shall take effect eighteen months after the date of their promulgation. "(b)(1)(A) Within 10 days of the date the report on the study conducted pursuant to subsection (e) is submitted to Congress, the Administrator shall publish in the Federal Register, and provide opportunity for comment on, the— "(i) proposals in the report for recommended maximum contaminant levels for national primary drinking water regulations, and "(ii) list in the report of contaminants the levels of which in drinking water cannot be determined but which may have an adverse effect on the health of persons. " (B) Within 90 days after the date the Administrator makes the publication required by subparagraph (A), he shall by rule establish rocommended maximum contaminant levels for each contaminant which, in his judgment based on the report on the study conducted pursuant to subsection (e), may have any adverse effect on the health of persons. p]ach such recommended maximum contaminant level shall be set at a level at which, in the Administrator's judgment based on such report, no known or anticipated adverse eft'ects on the health of persons occur- and which allows an adequate margin of safety. In addition, he shall, on the basis of the report on the study conducted pursuant to subsection (e), list in the rules under this subparagraph any contaminant the lev'el of which cannot be accurately enough measured in drinking water to establish a reconnnended maximum cojitaminant level and which may have any ad\erse effect on the health of persons. Based on information available to him. the Administrator may by rule change reconnnended levels established under this subparagraph or change such list. "(2) On the date the Administrator establishes pursuant to paragraph (1)(B) recommended maxinmm contaminant levels he shall publish in the Federal Register proposed revised national pidmary drinking water regulations (meeting the requirements of paragraph (3)). Within 180 days after the date of such proposed regulations, he shall pronnilgate such revised drinking water regulations with such modifications as he deems appropriate. "(3) Revdsed national primary drinking water regulations promulgated under paragraph (2) of this subsection shall be primary drinking water regulations which specify a maximum contaminant level or require the use of treatment techniques for each contaminant for- which a recommended maximum contaminant level is established or which is listed in a rule under paragraph (1)(B). The maximum contaminant level specified in a revised national primary drinking water regulation for a contaminant shall be as close to the reconmiended maximum contaminant level established under paragraph (1)(B) for such contaminant as is feasible. A required treatment technique for a contaminant for which a recommended maximum contaminant level has been established under paragraph (1)(B) shall reduce such contaminant to a level which is as close to the recommended maximum contaminant level for such contaminant as is feasible. A required treatment technique for a contaminant which is listed under paragraph (1)(B) shall

1663

Publication in Federal R e g i s ter.

Recommended maximum contaminant l e v e l s.

P u b l i c a t i o n in Federal Register.

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text: Dictionary of National Biography, 1885-1900/Williams, Zachariah


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/348

 1664

"Feasible."

Proposed national secondary drinking water r e g u l a t i o n s, publication.

Hearing.

Study.

Report to Congress.

PUBLIC LAW 93-523-DEC. 16, 1974

[88 STAT.

require treatment necessary in the Administrator's judgment to prevent known or anticipated adverse effects on the health of persons to the extent feasible. For purposes of this paragraph, the term 'feasible' means feasible with the use of the best technology, treatment techniques, and other means, which the Administrator finds are generally available (taking cost into consideration). "(4) Revised national primary drinking water regulations shall be amended whenever changes in technology, treatment techniques, and other means permit greater protection of the health of persons, but in any event such regulations shall be reviewed at least once every 3 years. "(5) Revised national primary drinking water regulations promulgated under this subsection (and amendments thereto) shall take effect eighteen months after the date of their promulgation. Regulations under subsection (a) shall be superseded by regulations under this subsection to the extent provided by the regulations under this subsection. "(6) No national primary drinking water regulation may require the addition of any substance for preventive health care purposes unrelated to contamination of drinking water. "(c) The Administrator shall publish proposed national secondary drinking water regulations within 270 days after the date of enactment of this title. Within 90 days after publication of any such regulation, he shall promulgate such regulation with such modifications as he deems appropriate. Regulations under this subsection may be amended from time to time. " (d) Regulations under this section shall be prescribed in accordance with section 553 of title 5, United States Code (relating to rulemaking), except that the Administrator shall provide opportunity for public hearing prior to promulgation of such regulations. In proposing and promulgating regulations under this section, the Administrator shall consult with the Secretary and the National Drinking Water Advisory Council. " (e)(1) The Administrator shall enter into appropriate arrangements with the National Academy of Sciences (or with another independent scientific organization if appropriate arrangements cannot be made with such Academy) to conduct a study to determine (A) the maximum contaminant levels which should be recommended under subsection (b)(2) in order to protect the health of persons from any known or anticipated adverse effects, and (B) the existence of any contaminants the levels of which in drinking water cannot be determined but which may have an adverse effect on the health of persons. "(2) The result of the study shall be reported to Congress no later than 2 years after the date of enactment of this title. The report shall contain (A) a summary and evaluation of relevant publications and unpublished studies; (B) a statement of methodologies and assumptions for estimating the levels at which adverse health effects may occur; (C) a statement of methodologies and assumptions for estimating the margin of safety which should be incorporated in the national primary drinking water regulations; (D) proposals for recommended maximum contaminant levels for national primary drinking Avater regulations, based on the methodologies, assumptions, and studies referred to in clauses (A), (B), and (C) and in paragraph (4); (E) a list of contaminants the level of which in drinking water cannot be determined but which may have an adverse effect on the health of persons; and (F) recommended studies and test protocols for future research on the health effects of drinking water contaminants, including a list of the major research priorities and estimated costs necessary to conduct such priority research.

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Page:United States Statutes at Large Volume 88 Part 2.djvu/349

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PUBLIC LAW 93-523-DEC. 16, 1974

"(3) In developing its proposals for recommended maximum contaminant levels under paragraph (2)(D) the National Academy of Sciences (or other organization preparing the report) shall evaluate find explain (separately and in composite) the impact of the following considerations: " (A) The existence of groups or individuals in the population which are more susceptible to adverse effects than the normal healthy adult. " (B) The exposure to contaminants in other media than drinking water (including exposures in food, in the ambient air, and in occupational settings) and the resulting body burden of contaminants. " (C) Synergistic effects resulting from exposure to or interaction by two or more contaminants. " (D) The contaminant exposure and body burden levels which alter physiological function or structure in a manner reasonably suspected of increasing the risk of illness. "(4) In making the study under this subsection, the National Academy of Sciences (or other organization) shall collect and correlate (A) morbidity and mortality data and (B) monitored data on the quality of drinking water. Any conclusions based on such correlation shall be included in the report of the study. "(5) Neither the report of the study under this subsection nor any draft of such report shall be submitted to the Office of Management and Budget or to any other Federal agency (other than the Environmental Protection Agency) prior to its submission to Congress. "(6) Of the funds authorized to be appropriated to the Administrator by this title, such amounts as may be required shall be available to carry out the study and to make the report directed by paragraph (2) of this subsection.

Report, submittal to OMB.

Funds.

" S T A T E P R I M A K Y ENFORCEMI'IXT KESPONSIBTI.ITY

"SEC. 1413. (a) For purposes of this title, a State has primary enforcement responsibility for public Avater systems during any period for which the Administrator determines (pursuant to regulations prescribed under subsection (b)) that such State— "(1) has adopted drinking water regulations wiich (A) in the case of the period beginning on the date the national interim primary drinking water regulations are promulgated under section 1412 and ending on the date such regulations take effect are no less stringent than such regulations, and (B) in the case of the period after such effective date are no less stringent than the interim and revised national primary drinking water regulations in effect under such section; "(2) has adopted and is implementing adequate procedures for the enforcement of such State regulations, including conducting such monitoring and making such inspections as the Administrator may require by regulation; "(3) will keep such records and make such reports with respect to its activities under paragraphs (1) and (2) as the Administrator may require by regulation; "(4) if it permits variances or exemptions, or both, from the requirements of its drinking water regulations which meet the requirements of paragraph (1), permits such variances and exemptions under conditions and in a manner which is not less stringent than the conditions under, and the manner in, which variances and exemptions may be granted under sections 1415 and 1416; and

42 USC 300g-2,

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Page:United States Statutes at Large Volume 88 Part 2.djvu/350

 1666

PUBLIC LAW 93-523-DEC. 16, 1974

Regulations.

Notice and hearing. Publication in Federal RegiS'

ter.

"

Notice.

Applications.

[88 STAT.

"(5) has adopted and can implement an adequate plan for the provision of safe drinking water under emergency circumstances. " (b)(1) The Administrator shall, by regulation (proposed within 180 days of the date of the enactment of this title), prescribe the manner in which a State may apply to the Administrator for a determination that the requirements of paragraphs (1), (2), (3), and (4) of subsection (a) are satisfied with respect to the State, the manner in which the determination is made, the period for which the determination will be effective, and the manner in which the Administrator may determine that such requirements are no longer met. Such regulations shall require that before a determination of the Administrator that such requirements are met or are no longer met with respect to a State may become effective, the Administrator shall notify such State of the determination and the reasons therefor and shall provide an opportunity for public hearing on the determination. Such regulations shall be promulgated (with such modifications as the Administrator deems appropriate) within 90 days of the publication of the proposed regulations in the Federal Register. The Administrator shall promptly notify in writing the chief executive officer of each State of the promulgation of regulations under this paragraph. Such notice shall contain a copy of the regulations and shall specify a State's authority under this title when it is determined to have primary enforcement responsibility for public water systems. '^{2) Whcu au application is submitted in accordance with the Administrator's regulations under paragraph (1), the Administrator shall within 90 days of the date on which such application is submitted (A) make the determination applied for, or (B) deny the application and notify the applicant in writing of the reasons for his denial. "FAILURE BY STATE TO ASSURE ENFORCEMENT OF DRINKING WATER REGULATIONS

42 USC 3oog-3.

Notice.

Notice.

Civil action.

agj,^^ -^^^ (a)(1) ( ^) Whenever the Administrator finds during a period during which a State has primary enforcement responsibility tor public water systems (within the meaning of section 1413(a)) that any public water system— " (i) for which a variance under section 1415 or an exemption under section 1416 is not in effect, does not comply with any national primary drinking water regulation in effect under section 1412, or "(ii) for which a variance under section 1415 or an exemption under section 1416 is in effect, does not comply with any schedule or other requirement imposed pursuant thereto. i^g shall so notify the State and provide such advice and technical assistance to such State and public water system as may be appropriate to bring the system into compliance with such regulation or requirement by the earliest feasible time. " (B) If the Administrator finds such failure to comply extends beyond the thirtieth day after the date of the notice given pursuant ^Q subparagraph (A), he shall give public notice of such finding and request the State to report within fifteen days from the date of such public notice as to the steps being taken to bring the system into compliance (including reasons for anticipated steps to be taken to bring the system into compliance and for any failure to take steps to bring the system into compliance). If— " (i) such failure to comply extends beyond the sixtieth day after the date of the notice given pursuant to subparagraph (A): and

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PUBLIC LAW 93-523-DEC. 16, 1974

1667

"(ii)(a) the State fails to submit the report I'equested by the Administrator within the time period prescribed by the preceding sentence; or " {^) the State submits such report within such period but the Administrator, after considering the report, determines that the State abused its discretion in carrying out primary enforcement responsibility for public water systems by both— " (I) failing to implement by such sixtieth day adequate procedures to bring the system into compliance by the earliest feasible time, and " ( II) failing to assure by such day the provision through alternative means of safe drinking water by the earliest feasible time; the Administrator may commence a civil action under subsection (b). "(2) Whenever, on the basis of information available to him, the civii action. Administrator finds during a period during which a State does not have primary enforcement responsibility for public water systems that a public water system in such State— " (A) for which a variance under section 1415(a)(2) or an exemption under section 1416(f) is not in effect, does not comply with any national primary drinking water regulation in effect under section 1412, or " (B) for which a variance under section 1415(a)(2) or an exemption under section 1416(f) is in effect, does not comply with any schedule or other requirement imposed pursuant thereto, he may commence a civil action under subsection (b). "(b) The Administrator may bring a civil action in the appropriate United States district court to require compliance with a national primary drinking water regulation or with any schedule or other requirement imposed pursuant to a variance or exemption granted under section 1415 or 1416 if— "(1) authorized under paragraph (1) or (2) of subsection (a), or "(2) if requested by (A) the chief executive officer of the State in which is located the public water system which is not in compliance with such regulation or requirement, or (B) the agency of such State which has jurisdiction over compliance by public water systems in the State with national primary drinking water regulations or State drinking water regulations. The court may enter, in an action brought under this subsection, Judicial deter. such judgment as protection of public health may require, taking into "'^"'^ ^°"' consideration the time necessary to comply and the availability of alternative water supplies; and, if the court determines that there has been a willful violation of the regulation or schedule or other requirement with respect to which the action was brought, the court may, taking into account the seriousness of the violation, the population at risk, and other appropriate factors, impose on the violator a civil Penalty. penalty of not to exceed $5,000 for each day in which such violation occurs. "(c) Each owner or operator of a public water system shall give Notice. notice to the persons served by it— " (1) of any failure on the part of the public water system to— " (A) comply with an applicable maximum contaminant level or treatment technique requirement of, or a testing procedure prescribed by, a national primary drinking water regulation, or

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Page:United States Statutes at Large Volume 88 Part 2.djvu/352

 1668

Regulations.

Penalty.

^°'^"-

ubui'^hear.'^ ings.

PUBLIC LAW 93-523-DEC. 16, 1974

[88 STAT.

" (B) perform monitoiing- re(iuired by section 1445(a), and '••(2) if the public water system is subject to a variance granted under section 1415(a)(1)(A) or 1415(a)(2) for an inability to meet a maximum contaminant level requirement or is subject to an exemption granted under section 141(i, of—' "'(A) the existence of such variance or exemption, and " (B) any failure to comply with the requirements of any schedule prescribed pursuant to the variance or exemption. -j^j^^ Admluistrator shall by regulation prescribe the form and manner for giving such notice. Such notice shall be given not less than once every 3 months, shall be given by publication in a ncAvspaper of general circulation serving the area served by each such water system (as determined by the Administrator), shall be furnished to the other communications media serving such area, and shall be furnished to the communications media as soon as practicable after the discovery of the violation with respect to which the notice is required. If the water bills of a public water system are issued more often than once every 8 months, such notice shall be included in at least one water bill of the system every 3 months, and if a public water system issues its water bills less often than once every 3 months, such notice shall bc iucludcd in each of the water bills issued by the system. Any person who willfully violates this subsection or regulations thereunder shall be fined not more than $5,000. " (d) Whenever, on the basis of information available to him, the Administrator finds that within a reasonable time after national secondary drinking water regulations have been promulgated, one or more public water systems in a State do not comply with such secondary regulations, and that such noncompliance appears to result from a failure of such State to take reasonable action to assure that public water systems throughout such State meet such secondary regulations, he shall so notify the State. "(e) Nothing in this title shall diminish any authority of a State or political subdivision to adopt or enforce any law or regulation respecting drinking water regulations or public water systems, but no such law or regulation shall relieve any person of any requirement otherwise applicable under this title. "(f) If the Administrator makes a finding of noncompliance (described in subparagraph (A) or (B) of subsection (a)(1)) with respect to a public water system in a State which has primary enforcement responsibility, the Administratoi- may, for the purpose of assisting that State in carrying out such responsibility and upon the petition of such State or public water system or persons served by such system, liold, after appropriate notice, public hearings for- the purpose of gathering information from technical oi- other experts, Federal, State, or other public officials, representatives of such public water system, persons served by such system, and other interested persons on— " (1) the ways in which such system can within the earliest feasible time be brought into compliance with the regulation or requirement with respect to which such finding Avas made, and "(2) the means for the maximum feasible protection of the public health during any period in which such system is not in compliance with a national primary drinking water regulation or requirement applicable to a variance or exemption. On the basis of such hearings the Administrator shall issue recommendations which shall be sent to such State and public water system and shall be made available to the public and communications media.

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Page:United States Statutes at Large Volume 88 Part 2.djvu/353

 88 STAT. ]

PUBLIC LAW 93-523-DEC. 16, 1974

1669

"VARIANCES

"SEC. 1415. (a) Notwithstanding any other provision of this part, ''^ use 3oog-4. variances from national primary drinking water regulations may be granted as follows: " (1)(A) A State which has primary enforcement responsibility for public water systems may grant one or more variances from an applicable national primary drinking water regulation to one or more public water systems within its jurisdiction which, because of characteristics of the raw water sources which are reasonably available to the systems, cannot meet the requirements respecting the maximum contaminant levels of such drinking water regulation despite application of the best technology, treatment techniques, or other means, which the Administrator finds are generally available (taking costs into consideration). Before a State may grant a variance under this subparagraph, the State must find that the variance will not result in an unreasonable risk to health. If a State grants a public water system a variance under this subparagraph, the State shall prescribe within one year of the date the variance is granted, a schedule for— " (i) compliance (including increments of progress) by the public water system with each contaminant level requirement with respect to which the variance was granted, and "(ii) implementation by the public water system of such control measures as the State may require for each contaminant, subject to such contaminant level requirement, during the period ending on the date compliance with such requirement is required. Before a schedule prescribed by a State pursuant to this sub- hearing. ^""^ j,^^°.*^'" paragraph may take eifcct, the State shall provide notice and opportunity for a public hearing on the schedule. A notice given pursuant to the preceding sentence may cover the prescribing of more than one such schedule and a hearing held pursuant to such notice shall include each of the schedules covered by the notice. A schedule prescribed pursuant to this subparagraph for a public water system granted a variance shall require compliance by the system with each contaminant level requirement with respect to which the variance was granted as expeditiously as practicable (as the State may reasonably determine). " (B) A State which has primary enforcement responsibility for public water systems may grant to one or more public water systems within its jurisdiction one or more variances from any provision of a national primary drinking water regulation which requires the use of a specified treatment technique with respect to a contaminant if the public water system applying for the variance demonstrates to the satisfaction of the State that such treatment technique is not necessary to protect the health of persons because of the nature of the raw water source of such system. A variance granted under this subparagraph shall be conditioned on such monitoring and other requirements as the Administrator may prescribe. Notice " (C) Before a variance proposed to be granted by a State under hearing. and subparagraph (A) or (B) may take effect, such State shall provide notice and opportunity for public hearing on the proposed variance. A notice given pursuant to the preceding sentence may cover the granting of more than one variance and a hearing held pursuant to such notice shall include each of the variances covered by the notice. The State shall promptly notify the Administrator Notice to Ad•^

i

i.

.

»7

ministrator.

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Page:United States Statutes at Large Volume 88 Part 2.djvu/354

 1670

Compliance; enforcement.

Review of vari a n c e s and schedules.

Publication in Federal R e g i s ter.

Publication in Federal Register.

Notice to State.

PUBLIC LAW 93-523-DEC. 16, 1974

[88 STAT.

of all variances granted by it. Such notification shall contain the reason for the variance (and in the case of a variance under subparagraph (A), the basis for the finding required by that subparagraph before the granting of the variance) andf documentation of the need for the variance. " (D) Each public water system's variance granted by a State under subparagraph (A) shall be conditioned by the State upon compliance by the public water system with the schedule prescribed by the State pursuant to that subparagraph. The requirements of each schedule prescribed by a State pursuant to that subparagraph shall be enforceable by the State under its laws. Any requirement of a schedule on which a variance granted under that subparagraph is conditioned may be enforced under section 1414 as if such requirement was part of a national primary drinking water regulation. " (E) Each schedule prescribed by a State pursuant to subparagraph (A) shall be deemed approved by the Administrator unless the variance for which it was prescribed is revoked by the Administrator under subparagraph (G) or the schedule is revised by the Administrator under such subparagraph. " (F) Not later than 18 months after the effective date of the interim national primary drinking water regulations the Administrator shall complete a comprehensive review of the variances granted under subparagraph (A) (and schedules prescribed pursuant thereto) and under subparagraph (B) by the States during the one-year period beginning on such effective date. The Administrator shall conduct such subsequent reviews of variances and schedules as he deems necessary to carry out the purposes of this title, but each subsequent review shall be completed within each 3-year period following the completion of the first review under this subparagraph. Before conducting any review under this subparagraph, the Administrator shall publish notice of the proposed review in the Federal Register. Such notice shall (i) provide information respecting the location of data and other information respecting the variances to be reviewed (including data and other information concerning new scientific matters bearing on such variances), and (ii) advise of the opportunity to submit comments on the variances reviewed and on the need for continuing them. Upon completion of any such review, the Administrator shall publish in the Federal Register the results of his review together with findings responsive to comments submitted in connection with such review. " (G)(i) If the Administrator finds that a State has, in a substantial number of instances, abused its discretion in granting variances under subparagraph (A) or (B) or that in a substantial number of cases the State has failed to prescribe schedules in accordance with subparagraph (A), the Administrator shall notify the State of his findings. In determining if a State has abused its discretion in granting variances in a substantial number of instances, the Administrator shall consider the number of persons who are affected by the variances and if the requirements applicable to the granting of the variances were complied with. A notice under this clause shall— " (I) identify each public water system with respect to which the finding was made, " ( II) specify the reasons for the finding, and

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Page:The Grateful Dead.djvu/32

 German prose Hans Sachs took the material for his comedy on the theme (publ. 1556). A summary of Ziely's work is given by Frölicher, Thüring von Ringoltingen's "Melusine," Wilhelm Ziely's "Olivier und Arius" und "Valentin und Orsus," 1889, pp. 65 f., which is used by Wilhelmi, pp. 55, 56, in his comparison of the romance with Richars and Lion de Bourges. An Italian translation, presumably from the French, was printed three or four times from 1552 to 1622. A summary of the story is given in Mélanges tirés d'une grande bibliothèque, by E. V. 1780, pp. 78 ff., with an incorrect note about the romance, reproduced by Hippe, pp. 155 f., with an analysis from the same source of the part of the tale belonging to our cycle. Robert Laneham in his list of ballads and romances, made in 1575, mentions Olyuer of the Castl. See Furnivall, Captain Cox, his Ballads and Books, Ballad Soc. 1871, vii. xxxvii and 30.

I. Mme. Angélique de Gomez, Histoire de Jean de Calais, 1723. Sketched in the Bibliothèque universelle des romans, Dec. 1776, pp. 134 ff. Köhler, Germania, iii. 204 ff., gives a summary of the work, which Mme de Gomez stated was "tiré d'un livre qui a pour titre: Histoire fabuleuse de la Maison des Rois de Portugal." A later anonymous redaction of this Jean de Calais exists in prints of 1770, 1776, and 1787, and it continued to be issued in the nineteenth century. Summarized by Hippe, pp. 156 f., and by Sepp, pp. 685 f. Mentioned by Köhler in Gonzenbach, Sicil Märchen, ii. 250.

II. Bladé, Contes populaires de la Gascogne, 1886, ii. 67-90. This and the following folk-versions of Jean deserve careful consideration because of the interesting character of their variations.

III. J. B. Andrews, Folk-Lore Record, iii. 48 ff., from Mentone. See Liebrecht, Engl. Stud. v. 158, and Hippe, p. 157.

IV. and V. J. B. Andrews, Contes ligures, traditions de la Rivière, 1892, pp. 111-116, no. 26, and pp. 187-192, no. 41. These two versions differ slightly from one another, but more from the preceding.

title: Page:The Grateful Dead.djvu/32


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Page:United States Statutes at Large Volume 88 Part 2.djvu/355

 88 STAT. ]

PUBLIC LAW 93-523-DEC. 16, 1974

1671

" ( III) as appropriate, propose revocations of specific variances or i^ropose revised schedules or other requirements for specific public Avater systems granted variances, or both, "(ii) The Administrator shall provide reasonable notice and hea^n"^''"'^ public hearing on the provisions of each notice given pursuant to clause (i) of this subparagraph. After a hearing on a notice pursuant to such clause, the Administrator shall (I) rescind the finding for which the notice was given and promptly notify the State of such rescission, or ( II) promulgate (with such modifications as he deems appropriate) such variance revocations and revised schedules or other requirements proposed in such notice as he deems appropriate. Not later than 180 days after the date a notice is given pursuant to clause (i) of this subparagraph, the Administrator shall complete the hearing on the notice and take the action required by the preceding sentence. "(iii) If a State is notified under clause (i) of this subparagraph of a finding of the Administrator made with respect to a variance granted a public water system within that State or to a schedule or other requirement for a variance and if, before a revocation of such variance or a revision of such schedule or other requirement promulgated by the Administrator takes effect, the State takes corrective action with respect to such variance or schedule or other requirement which the Administrator determines makes his finding inapplicable to such variance or schedule or other requirement, the Administrator shall rescind the application of his finding to that variance or schedule or other requirement. No variance revocation or revised schedule or other requirement may take effect before the expiration of 90 days following the date of the notice in which the revocation or revised schedule or other requirement was proposed. "(2) If a State does not have primary enforcement responsibility for public water systems, the Administrator shall have the same authority to grant variances in such State as the State would have under paragraph (1) if it had primary enforcement responsibility. "'(8) The Administrator may grant a variance from any treatment technique requirement of a national primary drinking water regulation upon a showing by any person that an alternative treatment technique not included in such requirement is at least as efficient in lowering the level of the contaminant with respect to which such requirement was prescribed. A variance under this paragraph shall be conditioned on the use of the alternativ'c treatment technique which is the basis of the variance. " (b) Any schedule or other requirement on which a variance granted under paragraph (1)(B) or (2) of subsection (a) is conditioned may be enforced under section 1414 as if such schedule or other requirement was part of a national primary drinking water regulation. "(c) If an application for a variance under subsection (a) is made, Applications for the State receiving the application or the Administrator, as the case v a r i a n c e s. may be, shall act upon such application within a reasonable period (as determined under regulations prescribed by the Administrator) after the date of its submission. 'Treatment •'(d) For purposes of this section, the term 'treatment technique technique rerequirement means a requirement m a national primary drinking quirement." water regulation which specifies for a contaminant (in accordance with section 1401(1)(C) (ii)) each treatment technique known to the Administrator which leads to a reduction in the level of such contaminant sufficient to satisfy the requirements of section 1412(b)(3).

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