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 332

Optional settlement. 72 Stat. 1161.

Payments, restrictions. 72 Stat. 1132.

Prohibition.

Effective dates.

PUBLIC LAW 91-291-JUNE 25, 1970

[84 STAT.

"§ 745. Renewal "At the expiration of any- term period any insurance policy issued on the five-year level premium term plan which has not been exchanged or converted to a permanent plan of insurance and which is not lapsed shall be renewed as level premium term insurance without application for a successive five-year period at the premium rate for the attained age without medical examination. However, renewal shall be effected in cases where the policy is lapsed only if the insured makes application for reinstatement and renewal of his term policy within five years after the date of lapse, and reinstatement in such cases shall be under the terms and conditions prescribed by the Administrator." SEC. 12. Section 752 of title 38, United States Code, is amended (1) by adding " (a) " before the words "The Administrator", and (2) by adding at the end thereof the following new subsection: " (b) Under such regulations as the Administrator may promulgate, the cash surrender value of any policy of insurance or the proceeds of an endowment contract which matures by reason of completion of the endowment period may be paid to the insured (1) in equal monthly installments of from thirty-six to two hundred and forty in number, in multiples of twelve; or (2) as a refund life income in monthly installments payable for such periods certain as may be required in order that the sum of the installments certain, including a last installment of such reduced amount as may be necessary, shall equal the cash value of the contract, less any indebtedness, with such payments continuing throughout the lifetime of the insured. However, all settlements under option (2) above shall be calculated on the basis of The Annuity Table for 1949. If the option selected requires payment of monthly installments of less than $10, the amount payable shall be paid in such maximum number of monthly installments as are a multiple of twelve as will provide a monthly installment of not less than $10." SEC. 13. (a) The first sentence of section 417(a) of title 38, United States Code, is amended by inserting " (1) " immediately after "unless", and by striking out the period at the end of such sentence and inserting in lieu thereof a comma and the following: "or (2) the total amount paid to the widow, children, or parents of such veteran under any such policy is equal to or exceeds the face value of the policy and such amount paid when added to any amounts paid as death compensation is equal to or less than the total amount which would have been payable in dependency and indemnity compensation following the death of such veteran if such widow, children, or parents had been eligible for such compensation upon the death of such veteran. Any person receiving death compensation at the time he becomes eligible for dependency and indemnity compensation pursuant to clause (2) of the preceding sentence shall continue to receive such death compensation unless he makes application to the Administrator to be paid dependency and indemnity compensation. An election by such person to receive dependency and indemnity compensation shall be final.". (b) The last sentence of section 417(a) of such title is amended by striking out "preceding sentence" and inserting in lieu thereof "first sentence". (c) No dependency and indemnity compensation shall be payable to any person by virtue of the amendments made by subsection (a) of this section for any person prior to the effective date of this Act. SEC. 14. (a) The amendments made by this Act shall take effect as of the date of enactment, except that sections 10 and 12 shall take effect as of the first day of the first calendar month which begins more than six calendar months after the date of enactment of this Act.

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 20 celebrations or remembrances of striking occurrences. These dramas were composed by regular poets, hundreds of people took part in the performances, and if a drama was successful it was learnt and remembered by hundreds more. So that in the middle of the nineteenth century Mr. Gill was able to collect from his cultured converts a great number (probably the finest) of these plays. They were performed at night only, in time of peace, after preparations that sometimes took more than a year. They were played in groups, and some twenty would be played between sunset and sunrise by the light of fires and torches. They seldom extend beyond one or two hundred lines. They are as allusive as the odes of Pindar himself, and the explanation of many of the oldest could only be given by chiefs and priests who were constrained to become acquainted with the legends gathered about the religious functions which formed their daily duties or about the personal titles of their predecessors in office. That the Play of Captain Cook and Omai (made soon after their arrival in 1777) should be remembered a hundred years later is not surprising, though the accuracy of the native tradition as tested by Cook's own journals is noteworthy; but we have earlier instances proving the accuracy and scope of native tradition. At the end of the sixteenth century in the time of Shakespeare and Elizabeth, Tekaraka was exiled from Mangaia with his family and friends in two large double canoes, on the advice of the oracle-priest of the god Motoro. Nothing was known of the fate of these outlaws, until, after the conversion of the Hervey Islands, certain New Zealanders, Christians, were able to visit in peace a land that had always shown itself especially inhospitable to strangers. These Maoris brought the news of Tekaraka's landing in their own islands, where many persons traced their descent to him and where many places kept the old Mangaian names he brought there.

Nearly fifty years later, Iro, of the Tongan tribe, raised a

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(b) The provisions of section 765(7), (8), and (9) of title 38, United States Code, as added by the first section of this Act shall apply only to servicemen's group life insurance in effect on the life of an insured member who dies on and after the date of enactment of this Act. Approved June 25, 1970.

Public Law 91-292 AN ACT To amend section 2(3) and section 8c(6)(I) of the Agricultural Adjustment Act, as reenacted and amended by the Agricultural Marketing Agreement Act of 1937 and subsequent legislation, so as to authorize production research under marketing agreement and order programs.

Jung 25, 1970 [H. R. 14810]

Be it enacted by the Senate and House of Representatives of the United /States of America in Congress assembled. That the Agricul- .i^^'"V'""'f^^, ,, -.

• '.

' C -

i

i

i

i

i

i

'

ij.

1 Adjustment Act,

tural Adjustment Act, as reenacted and amended by the Agricultural Marketing Agreement Act of 1937 and subsequent legislation (7 U. S. C 601; 48 Stat. 31), is further amended as follows: (1) Section 2(3) of the Act is further amended by inserting the words "such production research, marketing research, and development projects provided in section 8c(6)(I), " immediately after the words "establish and maintain". (2) Subsection (I) of section 8c(6) is further amended by (a) inserting the words "production research," immediately after the phrase "Establishing or providing for the establishment of"; (b) inserting the words "or efficient production" after the word "consumption"; and (c) striking the period at the end of subsection (I) and adding a second proviso reading ": Provided further, That the inclusion in a Federal marketing order of provisions for research shall not be deemed to preclude, preempt or supersede research provisions in any State program covering the same commodity.". Approved June 25, 1970.

amendments. 7 USC 674 note

ei Stat. 707; ^^y^us^^ 602° ^ | ^*^*' ^os; 79 stat'. 1270. 7 USC eosc ^°*'' P* ^^^^*

Public Law 91-293 June 25, 1970

To amend the Act of June 28, 1948, as amended, relating to the acquisition of property for the Independence National Historical Park.

[S. 2940]

B^ it enacted by the Senate and Ho^me of Representatives of the United States of America in Congress assembled, That the first sen- independence tence of section 6 of the Act entitled "An Act to provide for the estab- pLk°"° lishment of the Independence National Historical Park, and for other purposes", approved June 28, 1948 (62 Stat. 1061, as amended; 16 U.S.C. 407r), is further amended by striking out "$7,950,000" and ^2 Stat. 862. inserting in lieu thereof "$11,200,000". Approved June 25, 1970.

Public Law 91-294 JOINT RESOLUTION Making continuing appropriations for the fiscal year 1971, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the following: sums ^

^

'

=

j„„^ 29^ ^^^o [H. J. Res. i264]

continuing appropriations, 19 7 1.

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83 Stat. 469.

PUBLIC LAW 91-294-JUNE 29, 1970

[84 STAT.

are appropriated out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, for the several departments, agencies, corporations, and other organizational units of the Government for the fiscal year 1971, namely: SEC. 101. (a)(1) Such amounts as may be necessary for continuing projects or activities (not otherwise specifically provided for in this ]oint resolution) whicn were conducted in the fiscal year 1970 and for which appropriations, funds, or other authority would be available in the following Appropriation Acts for the fiscal year 1971: Treasury, Post Office, and Executive Office Appropriation Act; Legislative Branch Appropriation Act; Office of Education Appropriation Act; Independent Offices and Department of Housing and Urban Development Appropriation Act; Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act; Department of the Interior and Related Agencies Appropriation Act; Department of Transportation and Related Agencies Appropriation Act; Foreign Assistance and Related Programs Appropriation Act; District of Columbia Appropriation Act; Department of Agriculture and related Agencies Appropriation Act; Military Construction Appropriation Act; and Public Works for Water, Pollution Control, and Power Development and Atomic Energy Commission Appropriation Act. (2) Appropriations made by this subsection shall be available to the extent and in the manner which would be provided by the pertinent appropriation Act. (3)Whenever the amount which would be made available or the authority which would be granted under an Act listed in this subsection as passed by the House is different from that which would be available or granted under such Act as passed by the Senate, the pertinent project or activity shall be continued under the lesser amount or the more restrictive authority. (4) Whenever an Act listed in this subsection has been passed by only one House or where an item is included in only one version of an Act as passed by both Houses, the pertinent project or activity shall be continued under the appropriation, fund, or authority granted by the one House, but at a rate for operations not exceeding oie current rate or the rate permitted by the action of the one House, whichever is lower: Provided, That no provision which is included in an appropriation Act enumerated in this subsection but which was not included m the applicable appropriation Act for 1970, and which by its terms is applicable to more than one appropriation, fund, or authority shall be applicable to any appropriation, fund, or authority provided in this joint resolution unless such provision shall have been included in identical form in such bill as enacted by both the House and the Senate. (b) Such amounts as may be necessary for continuing projects or activities which were conducted in the fiscal year 1970 and are listed in this subsection at a rate for operations not in excess of the current rate or the rate provided for in the budget estimate, whichever is lower, and under the more restrictive authority— activities for which provision was made in the Department of Defense Appropriation Act, 1970; activities (not otherwise provided for in this joint resolution)

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Fitzgerald ii. 170, No. 1139; Loch Cé, p. 473). He is said on this occasion to have been aided by Theobald Butler (, from Earls of Kildare, p. 16; but cf. , ed. 1705, pp. 57-8). Fitzgerald was summoned to England in 1262, and in 1264 was ordered to secure for the young Earl of Gloucester seisin of his Irish lands. The new justiciar, Richard de Rochelle (1261-c. May 1265), was at feud with the Geraldines, and within a short time the island was in arms (, p. 16; p. 77;, p. 37; , ii. 401-402;, p. 8; Earls of Kildare, p. 16). The quarrel extended to the De Burghs, and in 1264 Maurice took the justiciar Theobald Butler and John Cogan prisoners, and incarcerated the former at his castle of Leigh (Annals of Ireland, ii. 290;, p. 37; Book of Howth, p. 323). With the justiciar it is said that Walter de Burgh, earl of Ulster, was also taken (Earls of Kildare, p. 16). But this statement seems due to a confusion with the reported action in 1294 of Fitzgerald's nephew, John Fitzthomas, first earl of Kildare [q. v.] Next year he and his nephew, Maurice Fitzgerald [see , d. 1257, ad fin.], on whose behalf the feud with the De Burghs may have originated, received royal letters exhorting them to peace; in April 1266 he was twice granted letters of protection to England (, Nos. 727, 795, 798). About August 1272 he was appointed justiciar of Ireland in the place of James Audeley. On Henry III's death he was renewed in the office and received the oaths of succession from the Irish nobles to the new king. About August 1273 he was supplanted by Geoffrey de Geneville (ib. vol. ii. Nos. 924, 927, &c.;, ii. 2). According to the Earl of Kildare, quoting from Ware, in 1273 'he invaded Offaly, but was betrayed by his own people into the hands of the O'Conors' (Earls of Kildare, p. 16, but cf. , p. 57). With this may be connected a later statement that about 23 Aug. 1273 he was deprived of part of the barony of Offaly. But this story seems altogether erroneous. Fitzmaurice, although often reckoned one of the Barons Offaly, never held the barony, which passed on his father's death in 1257 to his nephew (son of his elder brother Gerald) Maurice (d. 1268), and thence to Maurice's eon Gerald Fitzmaurice. The latter Gerald was attacked by the native Irish in 1285, and it is probably this incident which has found its way disguisedly into our Fitzmaurice's biography [see, d. 1257 ? ad fin.] An entry in the Irish treasury accounts of 1276-7 shows that he led an expedition to Glendory (Glenmalure, co. Wicklow). On 24 July 1276 he was ordered to England to do fealty for his wife's inheritance (, ii. 258, Nos. 1249, 1321-2; cf. , p. 9; Cox, p. 73). Later in the same year (1277) he accompanied his son-in-law against Brian Ruadh O'Brien, king of Thomond. Brian was taken prisoner and beheaded; but a little later the two kinsmen were besieged in Slow-Banny, and reduced to such straits that they had to give hostages for their lives and yield up the castle of Roscommon (, ii. 406;, p. 58; Cox, p. 73; Earls of Kildare, pp. 16, 17; cf. Loch Cé, i. 481; Annals of Ireland, p. 318). Maurice is said to have died shortly after (1277) at Ross (Earls of Kildare, p. 17; cf. S, vol. ii. No. 1527). Maurice Fitzmaurice married Emelina, daughter and heiress of Emelina de Riddlesford, the wife of Hugh de Lacy (d. 1242), and Stephen Longsword (''Abbrev. Plac''. p. 227;, vol. ii. No. 1249,vol. iii. No. 1028;, Monast. vi. 443;, iv. 232). This Emelina was probably born c. 1252 A.D. (Cal. Gen. i. 236). He is wrongly said to have been succeeded by a son Gerald Fitzmaurice, an assertion due to a confusion noted under (d. 1257?) (Earls of Kildare, p. 18;, ii. 47; cf. , p. 10). He left two daughters : (1) Juliana, who married Thomas de Clare (d. 1286), brother of Gilbert de Clare, earl of Gloucester, and, secondly, Adam de Cretinge (Cal. Gen. i. 448, ii. 431;, vol. ii. No. 2210, vol. iii. Nos. 940, 1142;, p. 40); (2) Amabilia, who seems to have died unmarried, and to have enfeoffed her cousin, John Fitzthomas [q. v.], of part of her estates (, vol. iii. No. 940; Earls of Kildare, p. 17). In the complicated genealogy of the Geraldines, some of the entries ascribed to this Maurice Fitzmaurice properly belong to his nephew (d. 1268), who is noticed under (1194 ?-1257). [See authorities cited in text. For editions and value of the various chroniclers see .]  FITZGERALD, MAURICE, first . [See, d. 1356.]

FITZGERALD, MAURICE, fourth (1318–1390), justiciar of Ireland, born in 1318, was the youngest son of Thomas Fitzgerald, the second earl [q. v.], and his wife, Joan de Burgh, and was generally called Maurice Fitzthomas. He lost his father in 1328, and became earl on his brother Earl Richard's death in 1331. His lands re-


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for which provision was made in the Departments of Labor, and Health, Education, and Welfare, and Belated Agencies Appropriation Act, 1970; ^"'«' p- 23. activities of the National Foundation on the Arts and the Humanities; activities relating to high-speed ground transportation researcli and development; activities of the Peace Corps; and activities of the American Eevolution Bicentemiial Commission. (c) Such amounts as may be necessary for continuing projects or activities for which disbursements are made by the Secretary of the Senate, and the Senate items under the Architect of the Capitol, to the extent and in the manner which would be provided for in the budget estimates for fiscal year 1971. (d) Such amounts as may be necessary for continuing the following activities, but at a rate for operations not in excess of the current rate— activities of the National Council on Marine Resources and Engineering Development; coal mine health and safety activities of the Department of Health, Education, and Welfare; and activities under the airport and airway trust fund. SEC. 102. Appropriations and funds made available and authority granted pursuant to this joint resolution shall remain available until (a) enactment into law of an appropriation for any project or activity provided for in this ioint resolution, or (b) enactment of the applicable appropriation Act by both Houses without any provision for such project or activity, or (c) July 31, 1970, whichever first occurs. SEC. 103. Appropriations and funds made available or authority granted pursuant to this joint resolution may be used without regard to the time limitations for submission and approval of apportionments set forth in subsection (d)(2) of section 3679 of the Revised Statutes, as amended, but nothing herein shall be construed to waive any other ^i use ees. provision of law governing the apportionment of funds or to permit the use, including the expenditure, of appropriations, funds, or authority in any manner which would contravene the provisions of title V of the Second Supplemental Appropriation Act, 1970. ^°^^' P' '*°^SEC. 104. Appropriations made and authority granted pursuant to this joint resolution shall cover all obligations or expenditures incurred for any project or activity during the period for which funds or authority for such project or activity are available under this joint resolution. SEC. 105. Expenditures made pursuant to this joint resolution shall be charged to the applicable appropriation, fund, or authorization whenever a bill in which such applicable appropriation, fund, or authorization is contained is enacted into law. SEC. 106. No appropriation or fund made available or authority granted pursuant to this joint resolution shall be used to initiate or resume any project or activity which was not being conducted during the fiscal year 1970. SEC. 107. Any appropriation for the fiscal year 1971 required to be apportioned pursuant to section 3679 of the Revised Statutes, as amended, may be apportioned on a basis indicating the need (to the ^^ "^^ ^^^' extent any such increases cannot be absorbed within available appropriations) for a supplemental or deficiency estimate of appropriation to the extent necessary to permit payment of such pay increases as may be granted pursuant to law to civilian officers and employees and to active and retired military personnel. Each such appropriation shall otherwise be subject to the requirements of section 3679 of the Revised Statutes, as amended. Approved June 29, 1970.

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 PUBLIC LAW 91-295-JUNE 30, 1970

336

[84 STAT.

Public Law 91-295 AN ACT To provide a special milk program for children.

June 30, 1970 [H. R. 5554]

Child Nutrition Act of 1966, amendment. 80 Stat. 885. 42 USC 1772.

"United States."

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 3 of the Child Nutrition Act of 1966 is amended to read as follows: "SEC. 3. There is hereby authorized to be appropriated for the fiscal year ending June 30, 1970, and for each succeeding fiscal year, not to exceed $120,000,000, to enable the Secretary of Agriculture, under such rules and regulations as he may deem in the public interest, to encourage consumption of fluid milk by children in the United States in (1) nonprofit schools of high school grade and under, and (2) nonprofit nursery schools, child-care centers, settlement houses, summer camps, and similar nonprofit institutions devoted to the care and training of children. For the purposes of this section 'United States' means the fifty States, Guam, and the District of Columbia. The Secretary shall administer the special milk program provided for by this section to the maximum extent practicable in the same manner as he administered the special milk program provided for by Public Law 89-642, as amended, during the fiscal year ending June 30, 1969." [Note by the Office of the Federal Register.—The foregoing Act, having been presented to the President of the United States on Wednesday, June 17, 1970, for h i s approval and not having been returned by him to the House of Congress in which it originated within the time prescribed by the Constitution of the United States, has become a law without his approval on June 30, 1970.]

Public Law 91-296 June 30, 1970 [H. R. 11102]

Medical F a c i l i t i e s Construction and Modernization Amendments of 1970.

AN ACT To amend the Public Health Service Act to revise, extend, and improve the program established by title VI of such Act, and for other purposes.

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

1. (a) This Act may be cited as the "Medical Facilities Construction and Modernization Amendments of 1970*'. (b) As used in the amendments made by this Act, the term "Secretary", unless the context otherwise requires, means the Secretary of Health, Education, and Welfare. SECTION

"Secretary."

of the

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TITLE I—GRANTS FOR C O N S T R U C T I O N A N D MODERNIZATION OF HOSPITALS AND OTHER MEDICAL FACILITIES PART A—EXTENSION OF GRANT PROGRAM A t J T H O R I Z A T I O N OF APPROPRIATIONS FOR CONSTRUCTION (JRANTS

SEC. 101. (a) Section 601 of the Public Health Service Act (4^2 U.S.C. 219a) is amended— 78 Stat. 448; (1) by striking out "next five" in paragraph (a) and inserting ^^42 USC'29Va. in lieu thereof "next eight"; (2)(A) by striking out "$70,000,000" in subparagraph (1) of paragraph (a) and inserting in lieu thereof "$85,000,000", (B) by striking out "$20,000,000" in subparagraph (2) of such paragraph and inserting in lieu thereof "$70,000,000", and (C) by striking out "$10,000,000" in subparagraph (3) of such paragraph and inserting in lieu thereof "$15,000,000"; and (3) by striking out in paragraph (b) "and $195,000,000 for the fiscal year ending June 30, 1970." and inserting in lieu thereof "$195,000,000 for the fiscal year ending June 30, 1970, $147,500,000 for the fiscal year ending June 30, 1971, $152,500,000 for the fiscal year ending June 30, 1972, and $157,500,000 for the fiscal year ending June 30, 1973; and". (b) The amendments made by subsection (a) shall take effect with Effective date. respect to appropriations made under such section 601 for fiscal years beginning after June 30, 1970. AUTHORIZATION OF APPROPRIATIONS FOR MODERNIZATION

GRANTS

SEC. 102. (a) Effective with respect to appropriations made under section 601 of the Public Health Service Act for fiscal years beginning after June 30, 1970, such section is further amended— (1) by striking out in paragraph (b) the following: "and for grants for modernization of such facilities and the facilities referred to in paragraph (a) "; (2) by adding alter paragraph (b) the following new paragraph: "(c) for grants for modernization of the facilities referred to in paragraphs (a) and (b), $65,000,000 for the fiscal year ending June 30, 1971, $80,000,000 for the fiscal year ending June 30, 1972, and $90,00C,000 for the fiscal year ending June 30, 1973."; and

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PUBLIC LAW 91-296-JUNE 30, 1970 (3) by inserting "AND in the section heading.

MODERNIZATION"

after

[84 STAT. "CONSTRUCTION'

STATE ALLOTMENTS

Ante, p. 337. 78 Stat. 448; 82 Stat. 1 0 1 1.

Allotment study.

Report to Congress.

SEC. 103. (a) Etl'ective with respect to appropriations pursuant to section 601 of the Public Health Service Act for fiscal years beginning after June 30, 1970, section 602(a) of such Act (42 U.S.C. 291b) is amended to read as follows: " (a)(1) Each State shall be entitled for each fiscal year to an allotment bearing the same ratio to the sums appropriated for such year pursuant to subparagraphs (1), (2), and (3), respectively, of section 601(a), and to an allotment bearing the same ratio to the sums appropriated for such year pursuant to section 601(b), as the product of— " (A) the population of such State, and " (B) the square of its allotment percentage, bears to the sum of the corresponding products for all of the States. "(2) For each fiscal year, the Secretary shall, in accordance with regulations, make allotments among the States, from the sums appropriated for such year under section 601(c), on the basis of the population, the financial need, and the extent of the need for modernization of the facilities referred to in paragraphs (a) and (b) of section 601, of the respective States." (b) Effective with respect to allotments from such appropriations, section 602(b)(1) of such Act is amended by— (1) striking out "$25,000" and "$50,000" in subparagraph (A) and inserting in lieu thereof "$50,000" and "$100,000", respectively; (2) striking out "$50,000" and "$100,000" in subparagraph (B) and inserting in lieu thereof "$100,000" and "$200,000", respectively; (3) striking out "$100,000" and "$200,000" in subparagraph (C) and inserting in lieu thereof "$200,000" and "$300,000", respectively; and (4) striking out "or" at the end of subparagraph (B), inserting "or" at the end of subparagraph (C), and adding after and below subparagraph (C) the following new subparagraph: " (D) $200,000 for the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, or Guam and $300,000 for any other State in the case of an allotment for grants for the modernization of facilities referred to in paragraphs (a) and (b) of section 601,". (c) The Secretary of Health, Education, and Welfare shall conduct a study of the effects of the formula specified in section 602(a)(1) of the Public Health Service Act for allotment among the States of sums appropriated for construction of health facilities, and shall report to the Congress on May 15, 1972, the result of such study, together with recommendations for such changes, if any, in such formula as he may determine to be desirable, together with his justification for any changes so recommended. TRANSFER OF ALLOTMENTS

SEC. 104. Effective with respect to allotments from appropriations made pursuant to section 601 of the Public Health Service Act for fiscal years beginning after June 30, 1970, section 602(e) of the Public Health Service Act is amended to read as follows: " (e)(1) Upon the request of any State that a specified portion of any allotment of such State under subsection (a) for any fiscal year l>e

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added to any other allotment or allotments of such State under such subsection for such year, the Secretary shall promptly (but after application of subsection (b)) adjust the allotments of such State in accord- ^^ ^^^ ^gfb ance with such request and shall notify the State agency; except that the aggregate of the portions so transferred from an allotment for a fiscal year pursuant to this paragraph may not exceed the amount specified with respect to such allotment in clause (A), (B), (C), or (D), as the case may be, of subsection (b)(1) which is applicable to such State, "(2) In addition to the transfer of portions of allotments under paragraph (1), upon the request of any State that a specified portion of any allotment of such State under subsection (a), other than an allotment for grants for the construction of public or other nonprofit rehabilitation facilities, be added to another allotment of such State under such subsection, other than an allotment for grants for the construction of public or other nonprofit hospitals and public health centers, and upon simultaneous certification to the Secretary by the State agency in such State to the effect that— " (A) it has afforded a reasonable opportunity to make applications for the portion so specified and there have been no approvable applications for such portion, or " (B) in the case of a request to transfer a portion of an allotment for grants for the construction of public or other nonprofit hospitals and public health centers, use of such portion as requested by such State agency will better carry out the purposes of this title, the Secretary shall promptly (but after application of subsection (b)) adjust the allotments of such State in accordance with such request and shall notify the State agency. "(3) In addition to the transfer of portions of allotments under paragraph (1) or (2), upon the request of any State that a specified portion of an allotment of such State under paragraph (2) of subsection (a) be added to an allotment of such State under paragraph (1) of such subsection for grants for the construction of public or other nonprofit hospitals and public health centers, and upon simultaneous certification by the State agency in such State to the effect that the need for new public or other nonprofit hospitals and public health centers is substantially greater than the need for modernization of facilities referred to in paragraph (a) or (b) of section 601, the Secretary shall promptly (but after application of subsection (b) of this section) adjust the allotments of such State in accordance with such request and shall notify the State agency. "(4) After adjustment of allotments of any State, as provided in paragraph (1), (2), or (3) of this subsection, the allotments as so adjusted shall be deemed to be the State's allotments under this section." PART B—OPERATION OF GRANT PROGRAM PRIORITY o r PROJECTS

SEC. 110. Effective with respect to applications approved under title VI of the Public Health Service Act after June 30, 1970, section 603(a) 2/1 ^^^^ ^^^" of such Act (42 LT.S.C. 291c) is amended— 78 Stat. 451. (1) by striking out "rural communities and areas with relatively small financial resources" in clause (1), and inserting in lieu thereof "areas with relatively small financial resources and, at the option of the State, rural communities"', (2) by striking out "and" at the end of clause (2), and (3) by adding after clause (3) the following new clauses: " (4) in the case of projects for construction or modernization of outpatient facilities, to any outpatient facility that will be loca-

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[84

STAT.

ted in, and provdde services for residents of, an area determined by the Secretary to be a rural or urban poverty area; "(5) to projects for facilities which, alone or in conjunction with other facilities, will provide comprehensive health care, including outpatient and preventive care as well as hospitalization • "() to facilities which will provide training in health or allied health professions; and "(7) to facilities which will provide to a significant extent, for the treatment of alcoholism;". AREAWIDE AND STATE H E A L T H P L A N N I N G

42 USC 291291o. 78 Stat. 4 5 3.

80 Stat. 1181. 42 USC 246.

AGENCIES

SEC. 111. (a) P^ffective with respect to applications approved under title VI of the Public Health Service Act after June 30, 1970, clause (4) of the first sentence of section 605(b) of such Act (42 U.S.C. 291e) is amended by striking out "State agency and" and inserting in lieu thereof "State agency, opportunity has been provided, prior to sudh approval and recommendation, for consideration of the project by the public or nonprofit private agency or organization which has developed the comprehensive regional, metropolitan area, or other local area plan or plans referred to in section 314^b) covering the area in which such project is to be located or, if there is no such agency or organization, by the State agency administering or supervising the administration of the State plan approved under section 314(a), and the application is for a project which". (b) Section 314(b) of such Act (42 U.S.C. 246) is amended by adding after the first sentence the following new sentence: "No grant may be made under this subsection after June 30, 1970, to any agency or organization to develop or revise health plans for an area unless the Secretary determines that such agency or organization provides means for appropriate representation of the interests of the hospitals, other health care facilities, and practicing physicians serving such area, and the general public." PORTION OF ALLOTMENT AVAILABLE FOR STATE P L A N ADMINISTRATION

78 Stat. 454.

SEC. 112. Effective with respect to expenditures under a State plan approved under title VI of the Public Health Service Act which are made for administration of such plan during any fiscal year beginning after June 30, 1970— (1) the first sentence of subsection (c)(1) of section 606 of such Act (42 U.S.C. 291f) is amended (A) by striking out "2 per centum" and inserting in lieu thereof "4 per centum'', and (B) by striking out "$50,000" and inserting in lieu thereof "$100,000"; and (2) paragraph (2) of subsection (c) of such section 606 is amended by striking out "June 30, 1964" and inserting in lieu thereof "June 30, 1970". FEDERAL

Post, p. 344. "Federal share."

Ante, p. 337.

SHARE

SEC. 113. Effective with respect to projects approved under title VI of the Public Health Service Act after June 30, 1970, the section of such Act herein redesignated as section 645(b) (42 U.S.C. 291o) is amended to read as follows: " (b)(1) The term 'Federal share' with respect to any project means the proportion of the cost of such project to be paid by the Federal Government under this title. "(2) With respect to any project in any State for which a grant is made from an allotment from an appropriation under section 601,

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the Federal share shall be the amount determined by the State agency designated in accordance with section 604, but not more than 66% per centum or the State's allotment percentage, whichever is the lower, except that, if the State's allotment percentage is lower than 50 per centum, such allotment percentage shall be deemed to be 50 per centum for purposes of this paragraph. "(3) Prior to the approval of the first project in a State during any fiscal year the State agency designated in accordance with section 604 shall give the Secretary written notification of the maximum Federal share established pursuant to paragraph (2) for projects in such State to be approved by the Secretary during such fiscal year and the method for determining the actual Federal share to be paid with respect to such projects; and such maximum Federal share and such method of determination for projects in such State approved during such fiscal year shall not be changed after such approval. "(4) Notwithstanding the provisions of paragraphs (2) and (3) of this subsection, the Federal share shall, at the option of the State agency, be equal to the per centum provided under such paragraphs plus an incentive per centum (which when combined with the per centum provided under such paragraphs shall not exceed 90 per centum) specified by the State agency in the case of (A) projects that will provide services primarily for persons in an area determined by the Secretary to be a rural or urban poverty area, and (B) projects that offer potential for reducing health care costs through shared services among health care facilities, through interfacility cooperation, or through the construction or modernization of free-standing outpatient facilities."

78 Stat. 4 5 2. 42 USC 291d.

DEFINITION OF H O S P I T A L

SEC. 114. (a) Effective with respect to applications approved under title VI of the Public Health Service Act after June 30, 1970, para- .^'^^^ "sc 291 graph (c) of the section of such Act redesignated (by section 201 of 29 l o. Post, p. 344. this Act) as section 645 is amended— (1) by inserting after "nurses' home facilities," the following: "extended care facilities, facilities related to programs for home health services, self-care units,"; and (2) by inserting a comma immediately before "operated" and inserting immediately before "but does not include" the following: "and also includes education or training facilities for health professions personnel operated as an integral part of a hospital,". STATE ADVISORY C O U N C I L S

SEC. 115. Effective July 1, 1970, section 604(a)(3) of the Public Health Service Act (42 U.S.C. 291d) is amended— (a) by inserting " (A) " after "shall include", and (b) by inserting after "rehabilitation services, and" the following: "representatives particularly concerned with education or training of health professions personnel, and (B) ". CHANGE

IN

NAME

A N D CLARIFICATION OR T R E A T M E N T

OF F U N C T I O N S

OF

DIAGNOSTIC

CENTER

SEC. 116. (a) Sections 601(a)(2) and 602(b)(1)(B) of the Public Health Service Act (42 U.S.C. 291a, 291b) are each amended by striking out "diagnostic or treatment centers" and inserting in lieu thereof "outpatient facilities".

78 Stat. 452.

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  in the custody of Sir John D'Arcy, his mother's second husband. Kildare was involved in the opposition led by, earl of Desmond [q. v.], to the new policy which the justiciar, Ralph D'Ufford, endeavoured to enforce, of superseding the 'English born in Ireland' by 'English born in England.' In 1345 Ufford sent a knight named William Burton to Kildare with two writs, one summoning him to an expedition to Munster, the other a secret warrant for his arrest. Burton was afraid to carry out the latter in the earl's own estates, but enticed him to Dublin, where he was suddenly arrested while sitting in council at the exchequer (Ann. Hib. Laud MS. p. 386). Next year Kildare was released, on 23 May, on the surety of twenty-four manucaptors (ib. p. 389). He at once invaded the O'More's country, and compelled that chieftain to submit. In 1347 he was present with Edward III at the siege and capture of Calais (, Annals, p. 34). He was then knighted by the king, and married to a daughter of Sir Bartholomew Burghersh (, Annals, p. 143). There are preserved in the archives of the Duke of Leinster some interesting indentures of fealty of various Irish chieftains to Kildare (Hist. MSS. Comm. 9th Rep. ii. 270-1).

On 30 March 1356 Kildare was appointed justiciar of Ireland (Fœdera, iii. 326), but he was almost at once succeeded by Thomas de Rokeby. On 30 Aug. 1357, however, Kildare was made locum tenens for Almaric de St. Amand, who had been appointed justiciar on 14 July, until the arrival of the latter in Ireland (ib. iii. 361, 368). In 1358 his Leinster estates were invaded by the De Burghs, and in the same year he and his county made a liberal grant for the war against the 'O'Morthes' (Cal. Rot. Pat. et Claus. Hib. pp. 69, 75). In 1359 his mother, the Countess Joan, died (Ann. Hib. Laud. MS. p. 393).

In 1359 Kildare was made locum tenens for James Butler, earl of Ormonde, justiciar of Ireland, and continued in office in 1360, being on 30 March 1361 definitely appointed as justiciar (Ann. Hib. Laud. MS. p. 394). He resigned, however, on Ormonde's return from England. In 1371 Kildare was made justiciar, and again in 1376, in succession to Sir William de Windsor; but on neither occasion did he hold the post for any time. On the latter occasion he was specially instructed to remain in Leinster, while the custody of Munster was more particularly entrusted to Stephen, bishop of Meath. He refused, however (, Viceroys, p. 243), to take office again in 1378. In 1386 he was one of the council of De Vere, the marquis of Dublin (ib. p, 551). He died on 25 Aug. 1390, and was buried in the church of the Holy Trinity, now called Christ Church, in Dublin.

By his wife, Elizabeth Burghersh, he left four sons, of whom the eldest, Gerald, became the fifth earl, and died in 1410. He was succeeded by his son John, the sixth earl (d. 1427), the father of, the seventh earl [q. v.]

FITZGERALD, MAURICE (1774–1849), hereditary Knight of Kerry and Irish statesman, was the elder son of Robert Fitzgerald, knight of Kerry, by his third wife, Catherine, daughter of Launcelot Sandes of Kilcavan, Queen's County. The dignity of Knight of Kerry was first borne in the fourteenth century by Maurice, son of Maurice Fitzgerald of Ennismore and Rahinnane. The latter was third son by a second marriage of John Fitzthomas Fitzgerald (d. 1261) [cf. , first ], stated to be grandson of (d. 1176) [q. v.], the founder of the Geraldine family in Ireland. Maurice Fitzgerald was born 29 Dec. 1774, and entered public life almost before he was legally competent to do so. On the representation of his native county suddenly becoming vacant in 1794, Fitzgerald was elected to fill it. He then wanted some months of coming of age, and could not take his seat in parliament, but when he eventually made his appearance in the parliament house at Dublin he gave high promise. For thirty-seven years uninterruptedly he continued to represent Kerry in the Irish and imperial parliaments. The Knight of Kerry entered public life at the same period as two of his personal friends, the Duke of Wellington and Lord Castlereagh. Up to the time of the union Fitzgerald sat in the Irish parliament, and he voted in favour of that measure. He outlived all his colleagues, and with him expired 'the last commoner of the last Irish parliament.' For four years, 1799-1802, Fitzgerald acted as a commissioner of excise and customs in Ireland. In 1801 he was returned for the county of Kerry to the imperial parliament. Soon after he entered the House of Commons he was called to a seat in the privy council, and at the board of the Irish treasury. The latter office he resigned at the dissolution of the whig ministry in 1806. While he had not much general sympathy with the whigs, he agreed


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[84 STAT.

78 Stat. 452.

(^j) Section 604(a)(4)(C) of such Act (42 U.S.C. 291d) is amended by striking out "diagnostic or treatment centers and inserting in lieu thereof "outpatient facilities" and by striking out "such centers and inserting in lieu thereof "such facilities". (c) Section 604(a)(5) of such Act (42 U.S.C. 291d) is amended by striking out "diagnostic or treatment centers" and inserting in lieu thereof "outpatient facilities". (d) Section 609(b) of such Act (42 U.S.C. 201i) is amended by striking out "diagnostic or treatment center and inserting in lieu thereof "outpatient facility". 42 USC 29ie. (^^ Section 605(e) of such Act (42 U.S.C. 29 (e)) is amended by— (1) striking out "a diagnostic or treatment center and inserting in lieu thereof "an outpatient facility", and (2) inserting before the period at the end thereof "or which provides reasonable assurance that the services of a general hospital will be available to patients of such facility who are in need of hospital care". (f) Paragraph (f) of the section of the Public Health Service Act redesignated (by section 201 of this Act) as section 645 (42 U.S.C. Post, p. 344. 291o) IS amended— (1) by striking out "diagnostic or treatment center'' and inserting in lieu thereoi "outpatient facility", (2) by inserting after "means a facility" the following: " (located in or apart from a hospital)", (3) by inserting after "ambulatory patients" the following: "(including ambulatory inpatients)", and (4) by striking out the period at the end of paragraph (2) and inserting in lieu thereof "; or" and by adding after paragraph (2) the following new paragraph: "(3) which offers to p)atients not requiring hospitalization the services of licensed physicians in various medical specialties, and which provides to its patients a reasonably full-range of diagnostic and treatment services." Effective date. ^g^ -pj^^ amendments made by subsection (e) and paragraphs (2) and (3) of subsection (f) of this section shall apply with respect to 42 USC 291-2910. applications approved under title VI of such Act after June 30, 19Y0. DEFINITION OF F A C I L I T Y FOR LONG-TERM

CARE

SEC. 117. Effective with respect to applications approved under title VI of the Public Health Ser\nce Act after June 30, 1970, paragraph (h) of the section of such Act redesignated (by section 201 of this Act) as section 645 (42 U.S.C. 291o) is amended by inserting after "means a facility" the following: "(including an extended care facility)". GRANTS FOR

EQUIPMENT

SEC. 118. Effective with respect to projects approved under title VI of the Public Health Service Act after June 30, 1970, paragraph (i) of the section of such Act redesignated (by section 201 of this Act) as section 645 (42 U.S.C. 291o) is further amended by inserting before the semicolon "and, in any case in which it will help to provide a service not previously provided in the community, equipment of any buildings".

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343

I N C L U S I O X OF THE TRUST TERRITORY OF THE P A C I F I C ISLANDS

SEC. 119. (a)(1) Subparagraphs (A), (B), and (C) of paragraph (1) of subsection (b) of section 602 of the Public Health Service Act (42 U.S.C. 291b) are each amended by inserting "the Trust Territory 78 Stat. 4 4 8. of the Pacific Islands," after "American Samoa,". (2) Paragraph (2) of such subsection is amended by inserting "the Trust Territory of the Pacific Islands," after "American Samoa,". (b) Paragraph (1) of subsection (c) of such section is amended by inserting "the Trust Territory of the Pacific Islands," after "American Samoa,". (c) Paragraphs (1) and (2) of subsection (d) of such section are each amended by inserting "the Trust Territory of the Pacific Islands," after "American Samoa,". (d) The section of such Act redesignated (by section 201 of this Act) as section 645(a) (42 U.S.C. 291o) is amencied by inserting "the P°^f' P- 3^*". Trust Territory of the Pacific Islands," after "American Samoa,". (e) The amendments made by this section shall apply with respect to allotments (and grants therefrom) under part A of title VI of the l^ublic Health Service Act for fiscal years ending after June 30, 1970, 29^."^^ ^^^^" and with respect to loan guarantees and loans under part B of such title made after June 30, 1970. 2/10."^'' ^^^"^ W A IV I N G OF R I G H T OF RECOVERY

SEC. 120. Section (3)(b) of the Hospital and Medical Facilities Amendments of 1964 (Public Law 88-443) is amended by striking out the period at the end of paragraph (5) and inserting in lieu thereof a semicolon, and by adding after such paragraph the following new paragraph: "(6) the provisions of clause (b) of section 609 of the Public Health Ser\'ice Act, as amended by this Act, shall apply with respect to any project whether it was approved, and whether the event specified in such clause occurred, before, on, or after the date of enactment of this Act, except that it shall not apply in the case of any project with respect to which recovery under title VI of such Act has been made prior to the enactment of this paragraph."

H us^c'g'^l/Aote.

42 USC 291 i..

F I N A N C I A L STATEMENT S FOR F A C I L I T I E S ASSISTED UNDER TITLE VI OF THE P U B L I C H E A L T H SERVICE ACT

SEC. 121. Title VI of the Public Health Service Act is amended by adding at the end thereof the following new section: ((F I N A N C I A L

STATEMENTS

"SEC. 646. I n the case of any facility for which a grant, loan, or loan guarantee has been made under this title, the applicant for such grant, loan, or loan guarantee (or, if appropriate, such other person as the Secretary may prescribe) shall file at least annually with the State agency for the State in which the facility is located a statement which shall be in such form, and contain such information, as the Secretary may require to accurately show— " (1) the financial operations of the facility, and " (2) the costs to the facility of providing health services in the facility and the charges made by the facility for providing such services, during the period with respect to which the statement is filed."

47-348 O - 72 - 26 (Pt. 1)

42 USC 291-2910.

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[84

STAT.

CARKYOVEK OF ALLOTMENTS

Ante,

p. 337.

78 Stat. 449. 42 USC 291b.

SEC. 122. Effective with respect to allotments made from appropriations under section 601 of the Public Health Service Act for fiscal years beginning after June 30, 1970, section 602(d)(1) of such Act is amended (1) by striking out "for the next fiscal year (and for such year only)" and inserting in lieu thereof "for the next two fiscal years (and for such years only)"", and (2) by striking out "purpose for such next fiscal year"" and inserting in lieu thereof "purposes for such next two fiscal years"". AVAII^\BIHTY

State p l a n s.

Exception.

or

EXTENDED CAKE SERVICES TO P A T I E N T S HOSPITALS

OF GENERAL

SEC. 123. Section 604(a) of the Public Health Service Act (42 U.S.C. 291d) is amended by striking out "and" at the end of paragraph (11), by striking out the period at the end of paragraph (12) and inserting in lieu thereof "; and", and by adding after paragraph (12) the following new paragraph. "(13) Effective July 1, 1971, provide that before any project for construction or modernization of any general hospital is approved by the State agency there will be reasonable assurance of adequate provision for extended care services (as determined in accordance with regulations) to patients of such hospital when such services are medically appropriate for them, with such services being provided in facilities which (A) are structurally part of, physically connected with, or in immediate proximity to, such hospital, and (B) either (i) are under the supervision of the professional staff of such hospital or (ii) have organized medical staffs and have in effect transfer agreements with such hospital; except that the Secretary may, at the request of the State agency, waive compliance with clause (A) or (B), or both such clauses, as the case may be, in the case of any project if the State agency has determined that compliance with such clause or clauses in such case would be inadvisable." TITLE II — L O A N G U A R A N T E E S A N D LOANS FOR MODERNIZATION AND CONSTRUCTION OF H O S P I T A L S AND OTHER M E D I C A L F A C I L I T I E S LOAN GUARANTEES A N D LOANS FOR MODERNIZATION A N D CONSTRUCTION OF H O S P I T A L S AND OTHER MEDICAL F A C I L I T I E S

78 Stat. 4 4 7. 42 USC 2 9 1 291o.

42 USC 2 9 1 j.

SEC. 201. Title VI of the Public Health Service Act is amended by redesignating part B as part D; by redesignating sections 621 through 625 (42 U.S.C. 291k-291o), and all references thereto, as sections 641 through 645, respectively; and by inserting after section 610 (42 U.S.C. 291i) the following new part: " P A R T B — L O A N • GUARANTEES AND LOANS FOR MODERNIZATION AND CONSTRUCTION OF HOSPITALS AND OTHER MEDICAL FACILITIES "AUTHORIZATION OF L(X\N GUARANTEES AND LOANS

"SEC. 621. (a)(1) I n order to assist nonprofit private agencies to carry out needed projects for the modernization or construction of nonprofit private hospitals, facilities for long-term care, outpatient facilities, and rehabilitation facilities, the Secretary, during the period July 1, 1970, through June 30, 1973, may, in accordance with the pro-

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PUBLIC LAW 91-296-JUNE 30, 1970

visions of this part, guarantee to non-Federal lenders making loans to such agencies for such projects, payment of principal of and interest on loans, made by such lenders, which are approved under this part. "(2) I n order to assist public agencies to carry out needed projects for the modernization or construction of public health centers, and public hospitals, facilities for long-term care, outpatient facilities, and rehabilitation facilities, the Secretary, during the period July 1, 1970, through June 30, 1973, may, in accordance with the provisions of this part, make loans to such agencies which shall be sold and guaranteed m accordance with section 627. " (b)(1) No loan guarantee under this part with respect to any modernization or construction project may apply to so much of the principal aanount thereof as, when added to the amount of any grant or loan under part A with respect to such project, exceeds 90 per centum of the cost of such project. " (2) No loan to a public agency under this part shall be made in an amount which, when added to the amount of any grant or loan under part A with respect to such project, exceeds 90 per centum of the cost of such project. "(c) The Secretary, with the consent of the Secretary of Housing and Urban Development, shall obtain from the Department of Housing and Urban Development such assistance with respect to the administration of this part as will promote efficiency and economy thereof.

345

^°«'' P- 349. cost limitations. ^f ^*|^- ^^f^^

Administrative assistance.

"ALLOCATION AMONG THE STATES

"SEC. 622. (a) For each fiscal year, the total amount of principal of Allotment proloans to nonprofit private agencies which may be guaranteed or loans to '"^'°"^* public agencies which may be directly made under this part shall be allotted by the Secretary among the States, in accordance with regulations, on the basis of each State's relative population, financial need, need for construction of the facilities referred to in section 621(a), and need for modernization of such facilities. " (b) Any amount allotted under subsection (a) to a State for a fiscal Reaiiotment proyear ending before July 1, 1973, and remaining unobligated at the end ^^^'°"^of such year s'hall remain available to such State, for the purpose for which made, for the next two fiscal years (and for such years only), and any such amount shall be in addition to the amounts allotted to such State for such purpose for each of such next two fiscal years; except that, with the consent of any such State, any such amount remaining unobligated at the end of the first of such next fiscal year may be reallotted (on such basis as the Secretary deems equitable and consistent with the purposes of this title) to other States which have need therefor. Any amounts so reallotted to a State shall be available ^^'^I'Vfo^'"*^' for the purposes for which made until the close of the second such next expiration. """"" '"" two fiscal years and shall be in addition to the amount allotted and available to such State for the same period. "(c) Any amount allotted or reallotted to a State under this section for a fiscal year shall not, until the expiration of the period during which it is available for obligation, be considered as available for allotment for a subsequent fiscal year. " (d) The allotments of any State under subsection (a) for the fiscal year ending June 30, 1971, and the succeeding fiscal year shall also be available to guarantee loans with respect to any project, for modernization or construction of a nonprofit private hospital or other health facility referred to in section 621(a)(1), if the modernization or construction of such facility was not commenced earlier than January 1, 1968, and if the State certifies and the Secretary finds that without

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[84 STAT.

such guaranteed loan such facility could not be completed and begin to operate or could not continue to operate, but with such guaranteed loan would be able to do so: Provided, That this subsection shall not apply to more than two projects in any one State. " APPLICATION S AND

CONDITIONS

"SEC. (i23. (a) For each project for which a guarantee of a loan to a nonprofit private agency or a direct loan to a public agency is sought under this part, there shall be submitted to the Secretary, through the 78 Stat. 4 5 2. State agency designated in accordance with section 604, an application 42 USC 291cl. by such private nonprofit agency or by such public agency. If two or more private nonprofit agencies, or two or more public agencies, join in the project, the application may be filed by one or more such agencies. Such application shall (1) set forth all of the descriptions, plans, specifications, assurances, and information which are required by the 42 USC 29ie. third seuteucc of section 605(a) (other than clause (6) thereof) with respect to applications submitted under that section, (2) contain such other information as the Secretary may require to carry out the purposes of this part, and (3) include a certification by the State agency of the total cost of the project and the amount of the loan for which a guarantee is sought under this part, or the amount of the direct loan sought under this part, as the case may be. "(b) The Secretary may approve such application only if— "(1) there remains sufficient balance in the allotment determined for such State pursuant to section 622 to cover the amount of the loan for which a guarantee is sought, or the amount of the direct loan sought (as the case may be), in such application, "(2) he makes each of the findings which are required by clauses (1) through (4) of section 605(b) for the approval of applications for projects thereunder (except that, in the case of the finding required under such clause (4) of entitlement of a Ante, p. 339. project to a priority established under section 603(a), such finding' shall be made without regard to the provisions of clauses (1) and (3) of such section), Ante, p. 342. " (3) he finds that there is compliance with section 605(e), "(4) he obtains assurances that the applicant will keep such records, and afford such access thereto, and make such reports, in such form and containing such information, as the Secretary may reasonably require, and "(5) he also determines, in the case of a loan for which a uarantee is sought, that the terms, conditions, maturity, security if any), and schedule and amounts of repayments with respect to the loan are sufficient to protect the financial interests of the United States and are otherwise reasonable and in accord with regulations, including a determination that the rate of interest does not exceed such per centum per annum on the principal obligation outstanding as the Secretary determines to be reasonable, taking into account the range of interest rates prevailing in the private market for similar loans and the risks assumed by the United States. Hearing. "(c) No application under this section shall be disapproved until the Secretary has afforded the State agency an opportunity for a hearing. " (d) Amendment of an approved application shall be subject to approval in the same manner as an original application. Recovery right. {&) (1) l u the case of any loau to a nonprofit private agency, the United States shall be entitled to recover from the applicant the

f

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amount of any payments made pursuant to any guarantee of such loan under this part, unless the Secretary for good cause waives its right of recovery, and, upon making any such payment, the United States shall be subrogated to all of the rights of the recipient of the payments with respect to which the guarantee was made. "(2) Guarantees of loans to nonprofit private agencies under this part shall be subject to such further terms and conditions as the Secretary determines to be necessary to assure that the purposes of this part will be achieved, and, to the extent permitted by subsection (f), any of such terms and conditions may be modified by the Secretary to the extent he determines it to be consistent with the financial interest of the United States. "(f) Any guarantee of a loan to a nonprofit private agency made by the Secretary pursuant to this part shall be incontestable in the hands of an applicant on whose behalf such guarantee is made, and as to any person who makes or contracts to make a loan to such applicant in reliance thereon, except for fraud or misrepresentation on the part of such applicant or such other person. a PAYMENT OF INTEREST ON GUARANTEED LOAN

"SEC. 624. (a) Subject to the provisions of subsection (b), in the case of a guarantee of any loan to a nonprofit private agency under this part with respect to a hospital or other medical facility, the Secretary shall pay, to the holder of such loan and for and on behalf of such hospital or other medical facility amounts sufficient to reduce by 3 per centum per annum the net effective interest rate otherwise payable on such loan. Each holder of a loan, to a nonprofit private agency, which is guaranteed under this part shall have a contractual right to receive from the United States interest payments required by m e preceding sentence. "(b) Contracts to make the payments provided for in this section shall not carry an aggregate amount greater than such amount as may be provided in appropriations Acts. "LIMITATION

ON

AMOUNT

OF

LOANS

GUARANTEED

OR DIRECTLY

MADE

"SEC. 625. The cumulative total of the principal of the loans outstanding at any time with respect to which guarantees have been issued, or which have been directly made, under this part may not exceed the lesser of— "(1) such limitations as may be specified in appropriations Acts, or "(2) in the case of loans covered by allotments for the fiscal year ending June 30, 1971, $500,000,000; for the fiscal year ending June 30, 1972, $1,000,000,000; and for the fiscal year ending June 30, 1973, $1,500,000,000. "LOAN GUARANTEE AND LOAN FUND

"SEC. 626. (a)(1) There is hereby established in the Treasury a loan guarantee and loan fund (hereinafter in this section referred to as the 'fund') which shall be available to the Secretary without fiscal year limitation, in such amounts as may be specified from time to time m appropriations Acts, (i) to enable him to discharge his responsibilities under guarantees issued by him under this part, (ii) for payment of interest on the loans to nonprofit agencies which are guaranteed, (iii) for direct loans to public agencies which are sold and guaranteed, (iv) for payment of interest with respect to such loans, and (v) for

Terms and conditions.

Incontestable guarantee.

Exception.

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Fitzgerald with them on the catholic question. The partial fusion of parties in the Canning ministry called him to office as lord of the English treasury (July 1827). The passing of the Catholic Emancipation Act, which had always been warmly supported by Fitzgerald, removed the only barrier between him and the tories. Feeling himself bound, as an emancipationist, to support the Duke of Wellington, he again took office in 1830 as vice-treasurer of Ireland. Shortly afterwards his active political career terminated, for although he once more held office as a lord of the admiralty in Sir Robert Peel's short-lived administration of December 1834, he never again recovered his seat in parliament, which he lost in the struggle attendant on the Reform Bill. He was defeated at the Kerry election of 1831, and again in 1835. He was frequently invited to seek the suffrages of an English constituency, but declined. In 1845 Fitzgerald addressed a 'Letter to Sir Robert Peel on the Endowment of the Roman Catholic Church of Ireland.' The Duke of Wellington and the writer were the only survivors of those who professed Pitt's politics in the Irish parliament, and Fitzgerald's letter, while partly explanatory of Pitt's views and pledges, also established the fact that this great statesman was the originator of the 'treasonable and sacrilegious scheme' of Peel. When Pitt left office he drew up a paper explaining the causes of his resignation, which was delivered by Lord Cornwallis to the Knight of Kerry for circulation among the leading Roman catholics. Pitt's views were subsequently more fully revealed in the 'Castlereagh Correspondence.' Fitzgerald approved the means by which the union was carried, declaring it to be a very popular measure among the Munster and Connaught population; and with respect to the parliament on College Green, with whose inner workings he was intimately acquainted, he stated that he was 'thoroughly disgusted with its political corruption, its narrow bigotry, and the exclusive spirit of monopoly with which it misgoverned Ireland.' On the passing of the Act of Union, Lord Castlereagh addressed a confidential letter to Fitzgerald, acknowledging the pledges given to the Irish catholics, and announcing his intention to support the endowment of their church. In private Fitzgerald was an excellent friend and landlord. He died at Glanleam, Valentia, 7 March 1849, having married (1), 5 Nov. 1801, Maria (d. 1827), daughter of the Right Hon. David Digges la Touche of Marlay, Dublin; and (2) Cecilia Maria Knight, a widow, who died 15 Oct. 1859. By his first wife he had six sons and four daughters. His four eldest sons predeceased him, and he was succeeded in his 'feudal' honours by his fifth son, Peter George Fitzgerald [q. v.] [Gent. Mag. 1849; Cork Southern Reporter and Kerry Post, March 1849.]  FITZGERALD, PAMELA (1776?–1831), wife of Lord Edward Fitzgerald [q. v.], was described in her marriage contract of 1792 as Anne Stephanie Caroline Sims, daughter of Guillaume de Brixey and Mary Sims, as a native of Fogo Island, Newfoundland, and as about nineteen years of age. Though she has generally been regarded as the daughter of Madame de Genlis by the Duke of Orleans (Égalité), this statement of her Newfoundland birth is confirmed by information now obtained from Fogo. Henry Sims, a respectable planter who died there in 1886, at the age of eighty-two, believed Pamela to have been his cousin. Mr. James Fitzgerald, the present magistrate of Fogo, on arriving in the island in 1834, made the acquaintance of Sims, who informed him that his grandfather, an Englishman living at Fogo in the latter part of last century, had a daughter Mary, that she was delivered of a child at Gander Bay, and in the following summer sailed with her infant for Bristol, in a vessel commanded by a Frenchman named Brixey, and that the Simses heard nothing more of mother or child until they learned from Moore's book that Lord E. Fitzgerald married a Nancy Sims from Fogo. Newfoundland had no parish registers at that date, but Henry Sims's story may be true, though there is the bare possibility of the death of the child in infancy, and of the transfer of her pedigree to a second child placed under Mary's charge. It may be conjectured that when in 1782 she was sent over by Forth, ex-secretary to the British embassy at Paris, to be brought up with the Orleans children, and familiarise them with English, the object was to divert attention from the arrival a little later of a child known as Fortunée Elizabeth Hermine de Compton (afterwards Madame Collard), who died in 1822 at Villers Hélon. Hermine, who, unlike Pamela, was recognised by the Orleans family in after life as a quasi-relative, was in all probability Madame de Genlis's daughter by Égalité, and was perhaps born at Spa in 1776. In a scene between Madame de Genlis and Pamela, witnessed by the latter's daughter, there was moreover a positive disclaimer of maternity (Journal of Mary Frampton, letter of Lady Louisa Howard to Mrs. Mundy,1876). Unveracious, therefore, though the lady was, her story may be credited that Forth casually saw the child at Christchurch, that he sent


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 Emma to become dependent for a home on her narrow-minded sister-in-law and brother. She was to decline an offer of marriage from Lord Osborne, and much of the interest of the tale was to arise from Lady Osborne’s love for Mr. Howard, and his counter affection for Emma, whom he was finally to marry.


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 Rh great conspiracy against the leading chiefs of his day. The plot was discovered and he, too, was condemned by the priest of Motoro to exile. With plenty of provision, he and his friends, forty souls, sailed in their two double canoes from the west of the island on their uncertain voyage, and lost sight of their native land, lit up that night by the torches of their sorrowing friends. No tidings of the exiles reached Mangaia for 155 years, but Iro's sad fate was the subject of a drama by the famous poet Koroa, played as late as 1791, amid the sympathy of a great audience. In 1826, when Christianity had just been introduced to the Hervey group, a Raratongan, who came with John Williams the missionary to Mangaia, told the Hervey people that Iro's canoe had reached Raratonga, where a chief named Kainuku had given them a home and a welcome, repaid by their raising Kainuku' s tribe to regal position through their wonderful valour in battle, so that this tribe alone could eat turtle and royal fish, the prerogative of the chiefs only in other tribes.

Here are instances where corroboration exists to prove the facts tradition has preserved. This corroboration cannot be looked for in every case, but here is an authentic example of events accurately recorded and handed down for eight generations without special means of record, for if the dramas preserve facts, yet the facts in this case had to be remembered without letters or even regular oral teaching. There may have been earlier dramas on the subject than those of Koroa (composed many generations after the exile of Iro), but analogy does not point to this as a necessity. Most of the dramas date from the eighteenth century, though there are dramatic songs of far older date, and obscure by reason of the old language.

At the end of the eleventh and the early part of the twelfth century long poems, based on oral tradition, were being composed in France and England on events and persons of the eighth and ninth centuries; while in the thirteenth century a


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 348

Notes or other obligations. issuance.

Interest rates.

40 Stat. 288. 31 USC 744. Sale.

PUBLIC LAW 91-296-JUNE 30, 1970

[84

STAT.

repurchase by liini of direct loans to public agencies which have been sold and guaranteed. There are authorized to be appropriated to the fund from time to time such amounts as may be necessary to provide capital required for the fund. To the extent authorized from time to time in appropriation Acts, there shall be deposited in the fund amounts received by the Secretary as interest payments or repayments of principal on loans and any other moneys, property, or assets derived by him from his operations under this part, including any moneys derived from the sale of assets. "(2) Of the moneys in the fund, there shall be available to the Secretary for the purpose of making of direct loans to public agencies only such sums as shall have been appropriated for such purpose pursuant to section 627 or sums received by the Secretary from the sale of such loans (in accordance with such section) and authorized in appropriations Acts to be used for such purpose. "(b) If at any time the moneys in the fund are insufficient to enable the Secretary to discharge his responsibilities under this part— " (i) to make payments oi interest on loans to nonprofit private agencies which he has guaranteed under this part; "(ii) to otherwise comply with guarantees under this part of loans to nonprofit private agencies; "(iii) to make payments of interest subsidies with respect to loans to public agencies which he has made, sold, and guaranteed under this part; "(iv) in the event of default by public agencies to make payments of principal and interest on loans which the Secretary has made, sold, and guaranteed, under this part, to make such payments to the purchaser of such loan; " (V) to repurchase loans to public agencies which have been sold and guaranteed under this part, he is authorized to issue to the Secretary of the Treasury notes or other obligations in such forms and denominations, bearing such maturities, and subject to such terms and conditions, as may be prescribed by the Secretary with the approval of the Secretary of the Treasury, but only in such amounts as may be specified from time to time in appropriations Acts. Such notes or other obligations shall bear interest at a rate determined by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding marketable obligations of the United States of comparable maturities during the month preceding the issuance of the notes or other obligations. The Secretary of the Treasury is authorized and directed to purchase any notes and other obligations issued hereunder and for that purpose he is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act, as amended, and the purposes for which securities may be issued under that Act, as amended, are extended to include any purchase of such notes and obligations. The Secretary of the Treasury may at any time sell any of the notes or other obligations acquired by him under this subsection. All redemptions, purchases, and sales by the Secretary of the Treasury of such^notes or other obligations shall be treated as public debt transactions of the United States. Sums borrowed under this subsection shall be deposited in the fund and redemption of such notes and obligations shall be made by the Secretary from such fund.

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PUBLIC LAW 91-296-JUNE 30, 1970

349

a PROVISIONS APPLICABLE 'W LOANS TO P U B L I C F A C I L I T I E S

"SEC. 627. (a)(1) Any loan made by the Secretary to a public Interest rates. agency under this part for the modernization or construction of a public hospital or other health facility shall require such public agency to pay interest thereon at a rate comparable to the current rate of interest prevailing with respect to loans, to nonprofit private agencies, which are guaranteed under this part, for the modernization or construction of similar facilities in the same or similar areas, minus 3 per centum per annum. "(2)(A) No loan to a public agency shall be made under this part unless— "(i) the Secretary is reasonably satisfied that such agency will be able to make payments of principal and interest thereon when due, and " (ii) such agency provides the Secretary with reasonable assurances that there will be available to such agency such additional funds as may be necessary to complete the project with respect to which such loan is requested. " (B) Any loan to a public agency shall have such security, have such maturity date, be repayable in such installments, and be subject to such other terms and conditions (including provision for recovery in case of default) as the Secretary determines to be necessary to carry out the purposes of this part while adequately protecting the financial interests of the United States. " (3) I n making loans to public agencies under this part, the Secre- Distribution. tary shall give due regard to achieving an equitable geographical distribution of such loans. " (b)(1) The Secretary shall from time to time, but with due regard Sale. to the financial interests of the United States, sell loans referred to in subsection (a)(1) either on the private market or to the Federal National Mortgage Association in accordance with section 302 of the Federal National Mortgage Association Charter Act. post^^p.%50^' "(2) Any loan so sold shall be sold for an amount which is equal 12'use 1717. (or approximately equal) to the amount of the unpaid principal of such loan as of the time of sale. " (c)(1) The Secretary is authorized to enter into an agreement Agreements. with the purchaser of any loan sold under this part under which the Secretary agrees— " (A) to guarantee to such purchaser (and any successor in interest to such purchaser) payment of the principal and interest payable under such loan, and (B) to pay as an interest subsidy to such purchaser (and any successor in interest of such purchaser) amounts which when added to the amount of interest payable on such loan, are eq^uivalent to a reasonable rate of interest on such loan as determined by the Secretary, after taking into account the range of prevailing interest rates in the private market on similar loans and the risks assumed by the United States. " (2) Any such agreement— " (A) may provide that the Secretary shall act as agent of any such purchaser, for the purpose of collecting from the public agency to which such loan was made and paying over to such purchaser, any payments of principal and interest payable by such agency under such loan; " (B) may provide for the repurchase by the Secretary of any such loan on such terms and conditions as may be specified in the agreement;

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 350

PUBLIC LAW 91-296-JUNE 30, 1970

Right of recovery, waiver.

68A Stat. 3. 26 USC 1-1388. Sales p r o c e e d s, deposit and u s e.

Appropriation.

[84 STAT.

" (C) shall provide that, in the event of any default by the public agency to which such loan was made in payment of principal and interest due on such loan, the Secretary shall, upon notification to the purchaser (or to the successor in interest of such purchaser), have the option to close out such loan (and any obligations of the Secretary with respect thereto) by paying to the purchaser (or his successor in interest) the total amount of outstanding principal and interest due thereon at the time of such notification; and " (D) shall provide that, in the event such loan is closed out as provided in subparagraph (C), or in the event of any other loss incurred by the Secretary by reason of the failure of such public agency to make payments of principal and interest on such loan, the Secretary shall be subrogated to all rights of such purchaser for recovery of such loss from such public agency. " (d) The Secretary may, for good cause, waive any right of recovery which he has against a public agency by reason of the failure of such agency to make payments of principal and interest on a loan made to such agency under this part. " (e) After any loan to a public agency under this part has been sold and guaranteed, interest paid on such loan and any interest subsidy paid by the Secretary with respect to such loan which is received by the purchaser thereof (or his successor in interest) shall be included in gross income for the purposes of chapter 1 of the Internal Revenue Code of 1954. "(f) Amounts received by the Secretary as proceeds from the sale of loans under this section shall be deposited in the loan fund established by section 626, and shall be available to the Secretary for the making of further loans under this part in accordance with the provisions of subsection (a)(2) of such section. "(g) There is authorized to be appropriated to the Secretary, for deposit in the loan fund established by section 626, $30,000,000 to provide initial capital for the making of direct loans by the Secretary to public agencies for the modernization or construction of facilities referred to in subsection (a)(1)." AMENDMENT TO FEDERAL N A T I O N A L MORTGAGE ASSOCIATION CHARTER ACT

68 Stat. 6 1 3; 75 Stat. 176; 82 Stat. 537. 12 USC 1717. Ante,

p. 344.

SEC. 202. The first sentence of section 302(b) of the Federal National Mortgage Association Charter Act is amended by inserting after the first semicolon the following: "and to purchase, service, sell, or otherwise deal in any loans made to a public agency under part B of title VI of the Public Health Service Act;". TITLE III — G E A N T S FOR C O N S T R U C T I O N OR MODERNI Z A T I O N OF E M E R G E N C Y ROOMS O F GENERAL HOSPITALS SEC. 301. Title VI of the Public Health Service Act is further amended by adding after part B (added by section 201 of this Act) the following new part:

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 Orleans 'the handsomest filly and the prettiest little girl in England,' that, enraptured by the girl's beauty and talents, she had her conditionally baptised, conferring on her her own name, Stéphanie, and the pet name, Pamela, and that to guard against extortion by the mother, she paid the latter in 1786 twenty-four guineas for a legal renunciation of all claims. The belief of the Fitzgerald family, in deference to which Moore retracted his original acceptance of the Orleans-Genlis parentage, and Louis-Philippe's opposite conduct to his two old playmates, strengthen this conclusion. Against it must be set Pamela's alleged likeness to the Orleans family ; the rumour of 1785 (see, Correspondence), that Monsieur de Genlis had acknowledged both Pamela and Hermine as his own children, sent away in infancy to test the difference between children brought up with and without knowledge of their status ; Égalité's settlement on Pamela about 1791 of fifteen hundred francs, increased on her marriage to six thousand francs ; and Madame de Genlis's statement in her memoirs (1825), assigning the paternity to a legendary Seymour of good family, who married a woman of low birth named Sims, took her to Newfoundland, and there died, whereupon widow and child returned to England. Of winning manners, though devoid of application or reflection, Pamela was applauded by the mob on their way to Versailles (Madame de Genlis had sent her out, with grooms in Orleans livery, to ride through the crowd), was the ornament of her adoptive mother's political receptions, and went with her to England in 1791, when Sheridan is said to have offered her marriage, and been accepted, he being struck by her resemblance to his late wife. To that resemblance is also attributed her conquest of Lord Edward Fitzgerald, who, objecting to 'blue stockings,' had refused to meet the Genlis party in England, but saw Pamela at a Paris theatre, was immediately introduced to her, was invited to dinner next day, joined the party on the road, on their expulsion from Paris as émigrees, accompanied them to Tournai, and there married her, 27 Dec. 1792. The Tournai register, which, like the marriage contract, overstates her age by at least three years, gives her father's name as Guillaume Berkley, and London as her birthplace, but this may be imputed to the carelessness of the officiating priest. The future Louis-Philippe was present at the ceremony. Arrived at Dublin, Pamela indulged her passion for dancing, but failed to win popularity. Meanwhile the Paris revolutionists, misled by a report of her travelling in Switzerland with her adoptive mother, issued a warrant against her. She gave birth to a son in Ireland, and in 1796 her second child, Pamela, was born at Hamburg. Madame de Genlis, then staying there, represents herself as remonstrating against Lord Edward's political vehemence, and Pamela as replying that she avoided discussing politics with him for obvious reasons. Their domestic happiness seems to have been unalloyed. Her third child was born while her husband was in concealment and paying her secret visits. On his arrest she was ordered to quit Ireland, and after his death repaired to Hamburg, whence she had had an invitation from her old companion, Henriette de Sercey, Madame de Genlis' niece. Henriette had married a Hamburg merchant, Mathiesson, and Pamela hoped there to be able to recover the Orleans annuity. Her children seem to have stayed behind. She shortly afterwards married Pitcairn, the American consul at Hamburg, by whom she had a daughter (who was married and living at New York in 1835), but a separation soon ensued. She is next heard of as encountering, about 1812, in a Dover hotel, Casimir, another of Madame de Genlis's adopted children, and as giving her English creditors the slip by accompanying him to Paris. Resuming the name of Fitzgerald, she first lived at the Abbaye-aux-Bois, next lodged with Auber, the composer's father, and then went to Montauban to lodge with the Due de la Force, commandant of Tarn-et-Garonne. There she is said to have had the freak of acting as a shepherdess in the costume of Fontenelle's pastoral heroines. She appears to have paid at least one visit to Paris about 1820, when Madame de Genlis forgave her abrupt departure from Paris and cessation of correspondence. At this period her home was at Toulouse. After the revolution of 1830 she revisited Paris, apparently in the hope of royal favour, but received little notice, and died eleven months after her adoptive mother, in November 1831, in a small hotel in the rue Richepance. Though enjoying a pension of at least ten thousand francs, she is said to have left nothing, so that Louis-Philippe had to be applied to — probably by Talleyrand, who attended it — to provide a proper funeral at Montmartre. In 1880, a legal informality necessitating the removal of her remains, they were interred by her grand-children at Thames Ditton. [Information through Sir G. W. Des Vœux rom Mr. James Fitzgerald, J.P., Fogo ; Mémoires de Madame de Genlis ; Tournai register ; Moore's Life of Lord E. Fitzgerald ; Madden's United Irishmen ; Mémoires d'Alexandre Dumas ; Parisot's article in Biographie Universelle; Times, 25 Aug. 1880.]


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 84 STAT. ]

PUBLIC LAW 91-296-JUNE 30, 1970

3S1

" P A R T C—CONSTRUCTION OR MODERNIZATION OF EMERGENCY KOOMS "AUTHORIZATION

"SEC. 631. In order to assist in the provision of adequate emergency room service in various communities of the Nation for treatment of accident victims and handling of other medical emergencies through special project grants for the construction or modernization of emergency rooms of general hospitals, there are authorized to be appropriated $20,000,000 each for the fiscal year ending June 30, 1971, and the next two fiscal years.

Appropriation.

"ELIGIBILITY FOR GRANTS

"SEC. 632. Funds appropriated pursuant to section 631 shall be available for grants by the Secretary for not to exceed 50 per centum of the cost of construction or modernization of emergency rooms of public or nonprofit general hospitals, including provision or replacement of medical transportation facilities. Such grants shall be made by the Secretary only after consultation with the State agency designated in accordance with section 604(a)(1) of the Public Health Service Act. I n order to be eligible for a grant under this part, the project, and the applicant therefor, must meet such criteria as may be prescribed by regulations. Such regulations shall be so designed as to provide aid only with respect to projects for which adequate assistance is not readilj available from other Federal, State, local, or other sources, and to assist in providing modern, efficient, and effective emergency room service needed to care for victims of highway, industrial, agricultural, or other accidents and to handle other medical emergencies, and to assist in providing such service in geographical areas which have special need therefor.

cost limitation.

H us'c'29i^d.

"PAYMENTS

"SEC. 633. Grants under this part shall be paid in advance or by way of reimbursement, in such installments and on such conditions, as in the judgment of the Secretary will best carry out the purposes of this part." TITLE IV—EVALUATION OF H E A L T H PROGRAMS SEC. 401. (a) Title V of the Public Health Service Act is amended ss Stat. 709; by inserting at the end thereof the following new section:
 * ^42 USC 2^9229a.

a EVALUATION OF PROGRAMS

"SEC. 513. Such portion as the Secretary may determine, but not more than 1 per centum, of any appropriation for grants, contracts, or other payments under any provision of this Act, the Mental Retardation Facilities Construction Act, the Community Mental Health Centers Act, the Act of August 5, 1954 (Public Law 568, Eighty-third Congress), or the Act of August 16, 1957 (Public Law 85-151), for any fiscal year beginning after June 30, 1970, shall be available for evaluation (directly, or by grants or contracts) of any program authorized by this Act or any of such other Acts, and, in the case of allotments from any such appropriation, the amount available for allotment shall be reduced accordingly."

H ^'^'-^^\ nole.TesiSoJe. es Stat. 674; ^^^2*1180 20012004a, H ^^c 2^00^52oo5f.

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 352 Appropriations, effective dates.

81 Stat. 535.

80 Stat. 1190; 81 Stat. 540. 81 Stat. 540.

Repeal. 82 Stat. 788. 82 Stat. 1005. Repeal. 82 Stat. 1010.

PUBLIC LAW 91-296-JUNE 30, 1970

[84 STAT.

(b)(1) Effective with respect to appropriations for fiscal years beginning after June 30, 1970— (A) section 304(d) of the Public Health Service Act (42 XJ.S.C. 242b) is amended by striking out "; except that for any fiscal year ending after June 30, 1968" and all that follows down to but not including the period; (B) section 309(c) of such Act (42 U.S.C. 242g) is amended by striking out " (1) ", and by striking out ", and (2) " and all that follows down to but not including the period; (C) section 314(d)(1) of such Act (42 U.S.C. 246) is amended by striking out ", except that, for any fiscal year ending after June 30, 1968" and all that follows down to but not including the period; (U) section 314(e) of such Act (42 U.S.C. 246) is amended by striking out the last sentence; (E) section 797 of such Act (42 U.S.C. 295h-6) is repealed; and (F) section 901(a) of such Act (42 U.S.C. 299a) is amended by striking out the last sentence. (2) Effective with respect to appropriations for fiscal years beginning after June 30, 1970, section 262 of the Community Mental Health Centers Act (42 U.S.C. 2688p) is repealed. TITLE V~MARIHUANA CONGRESSIONAL

FINDINGS

SEC. 501. The Congress finds that the use of marihuana is increasing in the United States, especially among the young people thereof, and that there is need for a better understanding of the health consequencies of using marihuana. The Congress further finds that, notwithstanding the various studies carried out, and research engaged in, with respect to the use of marihuana, there is a lack of an authoritative source for obtaining information involving the health consequences of using marihuana. HEALTH-RESEARCH Reports to Congress.

REPORTS

SEC. 502. The Secretary of Health, Education, and Welfare, after consultation with the Surgeon General and other appropriate individuals, shall transmit a report to the Congress on or before January 31, 1971, and annually thereafter (1) containing current information on the health consequences of using marihuana, and (2) containing such recommendations for legislative and administrative action as he may deem appropriate. A preliminary report shall be transmitted to the Congress by the Secretary concerning current information on the health consequences of using marihuana not later than ninety (90) days after the date of enactment of this title. SHORT TITLE

Citation of title.

SEC. 503. This title may be cited as the "Marihuana and Health Reporting Act".

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PUBLIC LAW 91-296-JUNE 30, 1970

353

TITLE VI—AVAILABILITY OF APPROPRIATIONS SEC. 601. Notwithstanding any other provision of law, unless enacted after the enactment of this Act expressly in limitation of the provisions of this section, funds appropriated for any fiscal year ending prior to July 1, 1973, to carry out any program for which appropriations are authorized by the Public Health Service Act (Public Law 410, Seventy-eighth Congress, as amended) or the 42 USC'2^of* Mental Retardation Facilities and Community Mental Health Centers note. Construction Act of 1963 (Public Law 88-164, as amended) shall ^^^8^2661 remain available for obligation and expenditure until the end of note. such fiscal year. JOHN W. MCCORMACK Speaker of the House of JAMES

Acting President

Representatives^ B.ALLEN

of the Senate fro

tempore.

IN THE HOUSE OF REPRESENTATIVES, U.S., June 25, 1970. The House of Representatives having proceeded to recongider the bill (H. R. 11102) entitled "An Act to amend the Public Health Service Act to revise,extend, and improve the program established by title VI of such Act, and for other purposes ", returned by the President of the United States with his objections, to the House of Representatives, in which it originated, it was Resolved, That the said bill p a s s, two-thirds of the House of Representatives agreeing to pass the same. Attest: W. P A T

JENNINGS

Clerkt I certify that this Act originated in the House of Representatives. W. P A T

JENNINGS

Clerk, IN THE SENATE OF THE UNITED STATES, June 30, 1970. The Senate having proceeded to reconsider the bill(H. R. 11102) entitled "An Act to amend the Public Health Service Act to r e v i s e, extend, and improve the program established by title VI of such Act, andforotherpurposes", returned by the President of the United States with his objections, to the House of Representatives, in which it originated, it was Resolved, That the said bill p a s s, two-thirds of the Senators present having voted in the affirmative. Attest: FRANCIS R. V A L E O

Secretary.

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 354

PUBLIC LAW 91-297-JUNE 30, 1970

[84 STAT.

Public Law 91-297 June 30, 1970 [H. R.17138]

D.C. Police, firemen, and teachers, salary increases.

Citation of titles.

82 Stat. 140, 141.

AN ACT To amend the District of Columbia Police and Firemen's Salary Act of 1958 and the District of Columbia Teachers' Salary Act of 1955 to increase salaries, and for other purposes.

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

of the

TITLE I—SALAKY I N C R E A S E S FOR DISTRICT OF COLUMBIA POLICEMEN AND F I R E M E N SEC. 101. This title and title II of this Act may be cited as the "District of Columbia Police and Firemen's Salary Act Amendments of 1970". SEC. 102. Section 101 of the District of Columbia Police and Firemen's Salary Act of 1958 (D.C. Code, sec. 4-823) is amended to read as follows: "SEC. 101. The annual rate of basic compensation of the officers and members of the Metropolitan Police force and the Fire Department of the District of Columbia shall be fixed in accordance with the following schedule of rates: "SALARY SCHEDULE Service step

Longevity step

"Salary class and title 1 Class 1: Subclass (a)... Fire private. Police private. Subclass (b) Private assigned as: Technician. Plainclothesman. Station clerk. Mortorcycle officer. Horse mounted officei. Class 2: Subclass (a) Fire inspector. Subclass (b) Fire inspector assigned as: Technician. Class 3 Assistant marine engineer. Assistant pilot. Detective. Class 4: Subclass (a) Fire sergeant. Police sergeant. Subclass (b) Detective sergeant. Subclass (c)... Police sergeant assigned as Motorcycle officer. Horse mounted officer. Class 5 Fire lieutenant. Police lieutenant Class 6 Marine engineer. Pilot Class? Captain. Class 8. Battalion fire chief. Police inspector. Class 9 Deputy fire chief. Deputy chief of police.

B

$8,500 $8,755 $9,180 $9,605 $10,285 $10, %5 $11,390 $11,815 $12,240 9,095 9,350 9,775 10,200 10,880 11,560 11,985 12,410 12,835

9,775 10,340 10,905 11,470

12,035 12,600 13,165

10,370 10,935 11,500 12,065

12,630 13,195 13,760

10,625 11,155 11,685 12,215

12,745 13,275 13,805

11,475 12,050 12,625 13,200

13,775 14,350 14,925

11,900 12,495 13,090 13,685

14,280 14,875 15,470

12,070 12,645 13,220 13,795

14,370 14,945 15,520

13,300 13,965 14,630 15,295

15,960 16,625

14,550 15,280 16,010 16,740

17,470 18,200

15,800 16,59017,38018,170

18,960 19,750

18,500 19,425 20,350 21,275

22,200 23,125

21,500 22,575 23,650,24,725

25,800 26,875

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