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795

SEC. 414. (a) No claim for benefits under this part on account of total disability of a miner shall be considered unless it is hied on or before December 31, 1972, or, in the case of a claimant who is a widow, within six months after the death of her husband or by December 31, 1972, whichever is the later. (b) No benefits shall be paid under this part after December 31, 1972, if the claim therefor was filed after December 31, 1971. (c) No benefits under this part shall be payable for any period prior to the date a claim therefor is filed. (d) No benefits shall be paid under this part to the residents of any State which, after the date of enactment of this Act, reduces the benefits payable to persons eligible to receive benefits under this part, under its State laws which are applicable to its general work force wuth regard to workmen's compensation, unemployment compensation, or disability insurance. (e) No benefits shall be payable to a widow under this part on account of the death of a miner unless (1) benefits under this part were being paid to such miner with respect to disability due to pneumoconiosis prior to his death, or (2) the death of such miner occurred prior to January 1, 1973. PART C — C L A I M S FOR BENEFITS AFTER DECEMBER 31,

1972

SEC. 421. (a) On and after January 1, 1973, any claim for benefits for death or total disability due to pneumoconiosis shall be filed pursuant to the applicable State workmen's compensation law, except that during any period when miners or their surviving widows are not covered by a State workmen's compensation law which provides adequate coverage for pneumoconiosis they shall be entitled to claim benefits under this part. (b)(1) For purposes of this section, a State workmen's compensation law" shall not be deemed to provide adequate coverage for pneumoconiosis during any period unless it is included in the list of State laws found by the Secretary to provide such adequate coverage during such period. The Secretary shall, no later than October 1, 1972, publish in the Federal Register a list of State workmen's compensation laws which provide adequate coverage for pneumoconiosis and shall revise and republish in the Federal Register such list from time to time, as may be appropriate to reflect changes in such State laws due to legislation or judicial or administrative interpretation, (2) The Secretary shall include a State workmen's compensation law on such list during any period only if he finds that during such period under such law— (A) benefits must be paid for total disability or death of a miner due to pneumoconiosis; (B) the amount of such cash benefits is substantially equivalent to or greater than the amount of benefits prescribed by section 412(a) of this title; (C) the standards for determining death or total disability due to pneumoconiosis are substantially equivalent to those established by section 411, and by the regulations of the Secretary of Health, Education, and Welfare promulgated thereunder; (D) any claim for benefits on account of total disability or death of a miner due to pneumoconiosis is deemed to be timely filed if such claim is filed within three years of the discovery of total disability due to pneumoconiosis, or the date of such death, as the case may be;

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

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[83 STAT.

(E) there are in effect provisions with respect to prior and successor operators which are substantially equivalent to the provisions contained in section 422(i) of this part; and (F) there are applicable such other provisions, regulations or interpretations, which are consistent with the provisions contained in Public Law 803, 69th Congress (44 Stat. 1424, approved March 4, 1927), as amended, \Vhich are applicable under section 422(a), but are not inconsistent with any of the criteria set forth in subparagraphs (A) through (E) of this paragraph, as the Secretary, in accordance with regulations promulgated by him, determines to be necessary or appropriate to assure adequate compensation for total disability or death due to pneumoconiosis. The action of the Secretary in including or failing to include any State workmen's compensation law on such list shall be subject to judicial review exclusively in the United States court of appeals for the circuit in which the State is located or the United States Court of Appeals for the District of Columbia. SEC. 422. (a) During any period after December 31, 1972, in which a State workmen's compensation law is not included on the list published by the Secretary under section 421(b) of this part, the provisions of Public Law 803, 69th Congress (44 Stat. 1424, approved March 4, 33 USC 901-950. 1927), as amended (other than the provisions contained in sections 1, 2, 3, 4, 7, 8, 9,10, 12, 13, 29, 30, 31, 32, 33, 37, 38, 41, 43, 44, 45, 46, 47, 48, 49, 50, and 51 thereof) shall (except as otherwise provided in this subsection and except as the Secretary shall by regulation otherwise provide), be applicable to each operator of an underground coal mine in such State with respect to death or total disability due to pneumoconiosis arising out of employment in such mine. In adminisPublication in Federal R e g i s t e r, tering this part, the Secretary is authorized to prescribe in the Federal Register such additional provisions, not inconsistent with those specifically excluded by this subsection, as he deems necessary to provide for the payment of benefits by such operator to persons entitled thereto as provided in this part and thereafter those provisions shall be applicable to such operator. (b) During any such period each such operator shall be liable for and shall secure the payment of benefits, as provided in this section and section 423 of this part. (c) Benefits shall be paid during such period by each such operator under this section to the categories of persons entitled to benefits under section 412(a) of this title in accordance with the regulations of the Secretary and the Secretary of Health, Education, and Welfare applicable under this section: Provided, That, except as provided in subsection (i) of this section, no benefit shall be payable by any operator on account of death or total disability due to pneumoconiosis which did not arise, at least in part, out of employment in a mine during the period when it was operated by such operator. (d) Benefits payable under this section shall be paid on a monthly basis and, except as otherwise provided in this section, such payments shall be equal to the amounts specified in section 412(a) of this title. (e) No payment of benefits shall be required under this section: (1) except pursuant to a claim filed therefor in such manner, in such form, and containing such information, as the Secretary shall by regulation prescribe; f 2) for any period prior to January 1, 1973; or (3) for any period after seven years after the date of enactment of this Act.

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


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797

(f) Any claim for benefits under this section shall be filed within three years of the discovery of total disability due to pneumoconiosis or, in the case of death due to pneumoconiosis, the date of such death. (g) The amount of benefits payable under this section shall be reduced, on a monthly or other appropriate basis, by the amount of any compensation received under or pursuant to any Federal or State workmen's compensation law because of death or disability due to pneumoconiosis. (h) The regulations of the Secretary of Health, Education, and Welfare promulgated under section 411 of this title shall also be applicable to claims under this section. The Secretary of Labor shall by regulation establish standards, which may include appropriate presumptions, for determining whether pneumoconiosis arose out of employment in a particular undergroinid coal mine or mines. The Secretary may also, by regulation, establish standards for apportioning liability for benefits under this subsection among more than one operator, where such apportionment is appropriate. (i)(1) During any period in which this section is applicable with respect to a coal mine an operator of such mine who, after the date of enactment of this title, acquired such mine or substantially all the assets thereof from a person (hereinafter referred to in this paragraph as a "prior operator") who was an operator of such mine on or after the operative date of this title shall be liable for and shall, in accordance with section 423 of this part, secure the payment of all benefits which would have been payable by the prior operator under this section with respect to miners previously employed in such mine if the acquisition had not occurred and the prior operator had continued to operate such mine. (2) Nothing in this subsection shall relieve any prior operator of any liability under this section. SEC. 423. (a) During any period in which a State workmen's com- vil'ions!""^ ^'^°" pensation law is not included on the list published by the Secretary under section 421(b) each operator of an undergroinid coal mine in such State shall secure the payment of benefits for which he is liable under section 422 by (1) qualifying as a self-insurer in accordance with regulations prescribed by the Secretary, or (2) insuring and keeping insured the payment of such benefits with any stock company or mutual company or association, or with any other person or fund, including any State fund, while such company, association, person or fund is authorized under the laws of any State to insure workmen's compensation. (b) I n order to meet the requirements of clause (2) of subsection (a) of this section, every policy or contract of insurance must contain— (1) a provision to pay benefits required under section 422, not\yithstanfling the provisions of the State workmen's compensation law which may provide for lesser payments; (2) a provision that insolvency or bankruptcy of the operator or discharge therein (or both) shall not relieve" the carrier from liability for such payments; and (3) such other provisions as the Secretary, by regulation, may require. (c) No policy or contract of insurance issued by a carrier to comply with the requirements of clause (2) of subsection (a) of this subsection shall be canceled prior to the date specified in such policy or contract for its expiration until at least thirty days have elapsed after

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Page:United States Statutes at Large Volume 83.djvu/826

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Benefits. Payment by Federal government.

80 Stat. 383. Annual report to C o n g r e s s.

PUBLIC LAW 91-173-DEC. 30, 1969

[83 STAT.

notice of cancellation has been sent by registered or certified mail to the Secretary and to the operator at his last known place of business. SEC. 424. If a totally disabled miner or a widow is entitled to benefits under section 422 and (1) an operator liable for such benefits has not obtained a policy or contract of insurance, or qualified as a selfinsurer, as required by section 423, or such operator has not paid such benefits within a reasonable time, or (2) there is no operator who was required to secure the payment of such benefits, the Secretary shall pay such miner or such widow the benefits to which he or she is so entitled. In a case referred to in clause (1), the operator shall be liable to the United States in a civil action in an amount equal to the amount paid to such miner or his widow under this title. SEC. 425. With the consent and cooperation of State agencies charged with administration of State workmen's compensation laws, the Secretary may, for the purpose of carrying out his functions and duties under section 422, utilize the services of State and local agencies and their employees and, notwithstanding any other provision of law, m a j advance funds to or reimburse such State and local agencies and their employees for services rendered for such purposes. SEC. 426. (a) The Secretary of Labor and the Secretary of Health, Education, and Welfare are authorized to issue such regulations as each deems appropriate to carry out the provisions of this title. Such regulations shall be issued in conformity with section 553 of title 5 of the United States Code, notwithstanding subsection (a) thereof. (b) Within 120 days following the convening of each session of Congress the Secretary of Health, Education, and Welfare shall submit to the Congress an annual report upon the subject matter of part B of this title, and, after January 1, 1973, the Secretary of Labor shall also submit such a report upon the subject matter of part C of this title. (c) Nothing in this title shall relieve any operator of the duty to comply with any State workmen's compensation law, except insofar as such State law is in conflict with the provisions of this title and the Secretary by regulation, so prescribes. The provisions of any State workmen's compensation law which provide greater benefits than the benefits payable under this title shall not thereby be construed or held to be in conflict with the provisions of this title. TITLE V—ADMINISTRATION RESEARCH

SEC. 501. (a) The Secretary and the Secretary of Health, Education, and Welfare, as appropriate, shall conduct such studies, research, experiments, and demonstrations as may be appropriate— (1) to improve working conditions and practices in coal mines, and to prevent accidents and occupational diseases originating in the coal-mining industry; (2) to develop new or improved methods of recovering persons in coal mines after an accident; (3) to develop new or improved means and methods of communication from the surface to the underground area of a coal mine; (4) to develop new or improved means and methods of reducing concentrations of respirable dust in the mine atmosphere of active workings of the coal mine;

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PUBLIC LAW 91-173-DEC. 30, 1969

(5) to develop epidemiological information to (A) identify and define positive factors involved in occupational diseases of miners, (B) provide information on the incidence and prevalence of pneumoconiosis and other respiratory ailments of miners, and (C) improve mandatory health standards; (6) to develop techniques for the prevention and control of occupational diseases of miners, including tests for hypersusceptibility and early detection; (7) to evaluate the effect on bodily impairment and occupational disability of miners afflicted with an occupational disease; (8) to prepare and publish from time to time, reports on all significant aspects of occupational diseases of miners as well as on the medical aspects of injuries, other than diseases, which are revealed by the research carried on pursuant to this subsection; (9) to study the relationship between coal mine environments and occupational diseases of miners; (10) to develop new and improved underground equipment and other sources of power for such equipment which will provide greater safety; and (11) for such other purposes as they deem necessary to carry out the purposes of this Act. (b) Activities under this section in the field of coal mine health shall be carried out by the Secretary of Health, Education, and Welfare, and activities under this section in the field of coal mine safety shall be carried out by the Secretary. (c) In carrying out the provisions for research, demonstrations, experiments, studies, training, and education under this section and sections 301(b) and 502(a) of this Act, the Secretary and the Secretary of Health, Education, and Welfare may enter into contracts with, and make grants to, public and private agencies and organizations and individuals. No research, demonstrations, or experiments shall be carried out, contracted for, sponsored, cosponsored, or authorized under authority of this Act, unless all information, uses, products, processes, patents, and other developments resulting from such research, demonstrations, or experiments will (with such exception and limitation, if any, as the Secretary or the Secretary of Health, Education, and Welfare may find to be necessary in the public interest) be available to the general public. (d) The Secretary of Health, Education, and Welfare shall also conduct studies and research into matters involving the protection of life and the prevention of diseases in connection with persons, who although not miners, work with, or around the products of, coal mines in areas outside of such mines and under conditions which may adversely affect the health and well-being of such persons. (e) There is authorized to be appropriated to the Secretary such sums as may be necessary to carry out his responsibilities under this section and section 301(b) of this Act at an annual rate of not to exceed $20,000,000 for the fiscal year ending June 30, 1970, $25,000,000 for the fiscal year ending June 30, 1971, and $30,000,000 for the fiscal year ending June 30, 1972, and for each succeeding fiscal year thereafter. There is authorized to be appropriated annually to the Secretary of Health, Education, and Welfare such sums as may be necessary to carry out his responsibilities under this Act. Such sums shall remain available until expended. (f) The Secretary is authorized to grant on a mine-by-mine basis an exception to any mandatory health or safety standard under this

799

^^^^^^^""^ ^" °"'^*

in^rmiuon'^'^ °^ '" °'^'"^ '°"'

tio'^nrtudfesr'"^""

Appropriation,

Exceptions,

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Page:United States Statutes at Large Volume 83.djvu/828

 800

equi Tem'°'^ Research g-^^^ts-

PUBLIC LAW 91-173-DEC. 30, 1969

[83 STAT.

Act for the purpose of permitting, under such terms and conditions as lie may prescribe, accredited educational institutions the opportunity for experimenting with new and improved techniques and equipment to improve the health and safety of miners. No such exception shall be granted unless the Secretary finds that the granting of the exception will not adversely affect the health and safety of miners and publishes his findings. (g) The Secretary of Health, Education, and Welfare is authorized to make grants to any public or private agency, institution, or organization, and operators or individuals for research and experiments to develop effective respiratory equipment. T R A I N I N G A N D EDUCATION

SEC. 502. (a) The Secretary shall expand programs for the education and training of operators and agents thereof, and miners in— (1) the recognition, avoidance, and prevention of accidents or unsafe or unhealthful working conditions in coal mines; and (2) in the use of flame safety lamps, permissible methane detectors, and other means approved by the Secretary for detecting methane and other explosive gases accurately. (b) The Secretary shall, to the greatest extent possible, provide technical assistance to operators in meeting the requirements of this Act and in further improving the health and safety conditions and practices in coal mines. ASSISTANCE

<3''^"*^-

TO

STATES

SEC. 503. (a) The Secretary, in coordination with the Secretary of

Health, Education, and Welfare and the Secretary of Labor, is authorized to make grants in accordance with an application approved under this section to any State in which coal mining takes place— (1) to assist such State in developing and enforcing effective coal mine health and safety laws and regulations consistent with the provisions of section 506 of this Act; (2) to improve State workmen's compensation and occupational disease laws and programs related to coal mine employment; and (3) to promote Federal-State coordination and cooperation in improving the health and safety conditions in the coal mines. (b) The Secretary shall approve any application or any modification thereof, submitted under this section by a State, through its official coal mine inspection or safety agency, which— (1) sets forth the programs, policies, and methods to be followed in carrying out the application in accordance with the purposes of subsection (a) of this section; (2) provides research and planning studies to carry out plans designed to improve State workmen's compensation and occupational disease laws and programs, as they relate to compensation to miners for occupationally caused diseases and injuries arising out of employment in any coal mine; (3) designates such State coal mine inspection or safety agency as the sole agency responsible for administering grants under this section throughout the State, and contains satisfactory evidence that such agency will have the authority to carry out the purposes of this section;

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(4) gives assurances that such agency has or will employ an adequate and competent staff of trained inspectors qualified under the laws of such State to make coal mine inspections within such State; (5) provides for the extension and improvement of the State program for the improvement of coal mine health and safety in the State, and provides that no advance notice of an inspection will be provided anyone; (6) provides such fiscal control and fund accounting procedures as may be appropriate to assure proper disbursement and accounting of grants made to the States under this section; (7) provides that the designated agency will make such reports to the Secretary in such form and containing such information as the Secretary may from time to time require; (8) contains assurances that grants provided under this section will supplement, not supplant, existing State coal mine health and safety programs; and (9) meets additional conditions which the Secretary may prescribe in furtherance of, and consistent with, the purposes of this section. (c) The Secretary shall not finally disapprove any State application or modification thereof without first aifording the State agency reasonable notice and opportunity for a public hearing. (d) Any State aggrieved by a decision of the Secretary under subsection (b) or (c) of this section may file within thirty days from the date of such decision with the United States Court of Appeals for the District of Columbia a petition praying that such action be modified or set aside in whole or in part. The court shall hear such appeal on the record made before the Secretary. The decision of the Secretary incorporating his findings of fact therein, if supported by substantial evidence on the record considered as a whole, shall be conclusive. The court may affirm, vacate, or remand the proceedings to the Secretary for such further action as it directs. The filing of a petition under this subsection shall not stay the application of the decision of the Secretary, unless the court so orders. The provisions of section 106(a), (b), and (c) of this Act shall not be applicable to this section. (e) Any State application or modification thereof submitted to the Secretary under this section may include a program to train State inspectors. (f) The Secretary shall cooperate with such State in carrying out the application or modification thereof and shall, as appropriate, develop and, where appropriate, construct facilities for, and finance a program of, training of Federal and State inspectors jointly. The Secretary shall also cooperate with such State in establishing a system by which State and Federal inspection reports of coal mines located in the State are exchanged for the purpose of improving health and safety conditions in such mines. (g) The amount granted to any coal mining State for a fiscal year under this section shall not exceed 80 per centum of the amount expended by such State in such year for carrying out such application. (h) There is authorized to be appropriated $3,000,000 for fiscal year 1970, and $5,000,000 annually in each succeeding fiscal year to carry out the provisions of this section, which shall remain available until expended. The Secretary shall provide for an equitable distribution of sums appropriated for grants under this section to the States where there is an approved application.

801

Hearing opportunity.

Petition.

Inspectors, training f a c i l i t i e s.

Appropriation.

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Rh the remainder of the sentence into the ear of the balloonist.

"You don't mean it!" exclaimed Mr. Sharp, in a tense whisper. Tom nodded vigorously.

"But how can you enter the building?" asked the other. "You can't drop over the edge."

"Down the scuttle," answered Tom. "There must be one on the roof, for they have to come up here at times. We can force the lock, if necessary. I want to enter the building and see where Morse had his office."

"All right. Go ahead. I'll engage Mr. Damon here so he won't follow you. It will be great news for him. Go ahead."

Under pretense of wanting the help of the eccentric man in completing the repairs he had started, Mr. Sharp took Mr. Damon back into the cabin. Tom, getting a big screw driver from an outside tool-box, approached the scuttle on the roof. He could see it looming up in the semi-darkness, a sort of box, covering a stairway that led down into the building. The door was locked, but Tom forced it, and felt justified. A few minutes later, cautiously flashing his light, almost like a burglar he thought, he was prowling around the corridors of the office structure.

Was it deserted? That was what he wanted to know. He knew the office Morse had formerly

title: Page:Tom Swift and His Airship.djvu/193


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Page:United States Statutes at Large Volume 83.djvu/830

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PUBLIC LAW 91-173-DEC. 30, 1969

[83 STAT.

ECONOMIC ASSISTANCE

nJl ^'^*: ^^'^' 78 Stat. 7. 15 USC 636.

80 Stat. 132. 15 USC 633.

42 USC 31^42

SEC. 504. (a) Section 7(b) of the Small Business Act, as amended, .,, ^ ' ' ^ ' ' IS amended— (1) by striking out the period at the end of paragraph (4) and inserting in lieu thereof "; and "; and (2) by adding after paragraph (4) a new paragraph as follows: "(5) to make such loans (either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis) as the Administration may determine to be necessary or appropriate to assist any small business concern operating a coal mine in affecting additions to or alterations in the equipment, facilities, or methods of operation of such mine to requirements imposed by the Federal Coal Mine Health and Safety Act of 1909, if the Administration determines that such concern is likely to suffer substantial economic injury without assistance under this paragraph." (b) The third sentence of section 7(b) of such Act is amended by inserting "or (5) "after "paragraph (3)". (c) Section 4(c)(1) of the Small Business Act, as amended, is amended by inserting "7(b)(5)," after "7(b)(4),". (d) Loans may also be made or guaranteed for the purposes set forth in section 7(b)(5) of the Small Business Act, as amended pursuant to the provisions of section 202 of the Public Works and Economic Development Act of 1905, as amended. INSPECTORS; QUALIFICATIONS: TRAINING

^"rl^^^n^/

5 USC 3101 note

SEC. 505. The Secretary may, subject to the civil service laws, appoint such employees as he deems requisite for the administration of this Act and prescribe their duties. Persons appointed as authorized representatives of the Secretary shall be qualified by practical experience in the mining of coal or by experience as a practical mining engineer or by education. Persons appointed to assist such representatives in the taking of samples of respirable dust for the purpose of enforcing title II of this Act shall be qualified by training, experience, or education. The provisions of section 201 of the Revenue and Expenditure Control Act of 1968 (82 Stat. 251, 270) shall not apply with respect to the appointment of such authorized representatives of the Secretary or to persons appointed to assist such representatives and to carry out the provisions of this Act, and, in applying the provisions of such section to other agencies under the Secretary and to other agencies of the Government, such appointed persons shall not be taken into account. Such persons shall be adequately trained by the Secretary. The Secretary shall develop programs with educational institutions and operators designed to enable persons to qualify for positions in the administration of this Act. I n selecting persons and training and retraining persons to carry out the provisions of this Act, the Secretary shall work with appropriate educational institutions, operators, and representatives of miners in developing and maintaining adequate programs for the training and continuing education of persons, particularly inspectors, and where appropriate, the Secretary shall cooperate with such institutions in carrying out the provisions of this section by providing financial and technical assistance to such institutions.

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803

E F r E C TO N STATE L A W S

SEC. 506. (a) No State law in effect on the date of enactment of this Act or which may become effective thereafter shall be superseded by any provision of this Act or order issued or any mandatory health or safety standard, except insofar as such State law is in conflict with this Act or with any order issued or any mandatory health or safety standard. (b) The provisions of any State law or regulation in effect upon the operative date of this Act, or which may become effective thereafter, which provide for more stringent health and safety standards applicable to coal mines than do the provisions of this Act or any order issued or any mandatory health or safety standard shall not thereby be construed or held to be in conflict with this Act. The provisions of any State law or regulation in effect on the date of enactment of this Act, or which may become effective thereafter, which provide for health and safety standards applicable to coal mines for which no provision is contained in this Act or in any order issued or any mandatory health or safety standard, shall not be held to be in conflict with this Act. ADMINISTRATIVE

PROCEDURES

SEC. 507. Except as otherwise provided in this Act, the provisions of sections 551-559 and sections 701-706 of title 5 of the United States Code shall not apply to the making of any order, notice, or decision made pursuant to this Act, or to any proceeding for the review thereof.

80 Stat. 3 8 1, 392.

REGULATIONS

SEC. 508. The Secretary, the Secretary of Health, Education, and Welfare, and the Panel are authorized to issue such regulations as each deems appropriate to carry out any provision of this Act. OPERATIVE DATE A N D R E P E A L

SEC. 509. Except to the extent an earlier date is specifically provided in this Act, the provisions of titles I and III of this Act shall become operative ninety days after the date of enactment of this Act, and the provisions of title II of this Act shall become operative six months after the date of enactment of this Act. The provisions of the ^^PFederal Coal Mine Safety Act, as amended, are repealed on the opera- 55 Stat. 177. ^ Jg^'' tive date of titles I and III of this Act, except that such provisions note." " '^^^ ^ shall continue to apply to any order, notice, decision, or finding issued under that Act prior to such operative date and to any proceedings related to such order, notice, decision or findings. All other provisions of this Act shall be effective on the date of enactment of this Act. SEPARABILITY

SEC. 510. If any provision of this Act, or the application of such provision to any person or circumstance shall be held invalid, the remainder of this Act, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. REPORTS

SEC. 511. (a) Within one hundred and twenty days following the convening of each session of Congress the Secretary shall submit through the President to the Congress and to the Office of Science and Technology an annual report upon the subject matter of this Act, the

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Page:United States Statutes at Large Volume 83.djvu/832

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[83 STAT.

progress concerning the achievement of its purposes, the needs and requirements in the field of coal mine health and safety, the amount and status of each loan made pursuant to this Act, a description and the anticipated cost of each project and program he has undertaken under sections 301(b) and 501, and any other relevant information, including any recommendations he deems appropriate. (b) Within one hundred and twenty days following the convening of each session of Congress, the Secretary of Health, Education, and Welfare shall submit through the President to the Congress and to the Office of Science and Technology an annual report upon the health matters covered by this Act, including the progress toward the achievement of the health purposes of this Act, the needs and requirements in the field of coal mine health, a description and the anticipated cost of each project and program he has undertaken under sections 301(b) and 501, and any other relevant information, including any recommendations he deems appropriate. The first such report shall include the recommendations of the Secretary of Health, Education, and Welfare as to necessary mandatory health standards, including his recommendations as to the maximum permissible individual exposure to miners from respirable dust during a shift. SPECIAL REPORT Federal and State coordination.

SEC. 512. (a) The Secretary shall make a study to determine the best manner to coordinate Federal and State activities in the field of coal mine health and safety so as to achieve (1) maximum health and safety protection for miners, (2) an avoidance of duplication of effort, (3) maximum effectiveness, (4) a reduction of delay to a minimum, and (5) most effective use of Federal inspectors. (b) The Secretary shall make a report of the results of his study to the Congress as soon as practicable after the date of enactment of this Act. JURISDICTION; LIMITATION

SEC. 513. In any proceeding in which the validity of any interim mandatory health or safety standard set forth in titles II and III of this Act is in issue, no justice, judge, or court of the United States shall issue any temporary restraining order or preliminary injunction restraining the enforcement of such standard pending a determination of such issue on its merits. Approved December 30, 1969.

Public Law 91-174 December 30, 1969 [ S. J. R e s. 154]

National Blood Donor Month. Proclamation.

Erneido A. Oliva.

JOINT RESOLUTION To authorize and request the President to proclaim the month of January 1970 as "National Blood Donor Month".

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,, That, in recognition of the vital role of the voluntary blood donor in medical care, the President is authorized and requested to issue a proclamation designating the month of January 1970 as "National Blood Donor Month". S E C 2. Notwithstanding any other provision of law, the citizenship or nationality of Erneido A. Oliva shall not prohibit the Secretary of the Senate from paying compensation, for a period not to exceed six months, to the said Erneido A. Oliva while serving as an employee of the Senate. Approved December 30, 1969.

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PUBLIC LAW 91-175-DEC. 30, 1969

805

Public Law 91-175 AN ACT December 30, 1969 To promote the foreign policy, security, and general welfare of the United States [H. R. 1458O] by assisting peoples of the world to achieve economic development within a framework of democratic economic, social, and political institutions, and for other purposes.

Be it enacted by the Senate and House of Representatives of the Foreign AssiistUnited States of America in Congress assembled, That this Act may be ance Act of 1969. cited as the "Foreign Assistance Act of 1969". P A R T I—ECONOMIC A S S I S T A N C E DEVELOPMENT LOAN FUND

SEC. 101. (a) Section 202(a) of the Foreimi Assistance Act of 1961, ^2 Stat. 960. 3'elating to authorization, is amended— (1) by striking out "and" after "fiscal year 1968,''; (2) by inserting after "fiscal year 1969," the following: "$350,000,000 for the fiscal year 1970, and $350,000,000 for the fiscal year 1971,"; and (3) by striking out "the fiscal year ending June 30, 1969" in the second proviso and inserting in lieu thereof "each of the fiscal years ending June 30, 1970, and June 30, 1971". (b) Section 203 of such Act, relating to fiscal provisions, is amended II f*^'' ^27; to read as loilows: " SEC. 203. FISCAL PROVISIONS.—Dollar receipts from loans made pursuant to this part and from loans made under the Mutual Security Act of 1954, as amended, are authorized to be made available for the fiscal ^^ ^^'^ ijsl)year 1970 and for the fiscal year 1971 for use for the purposes of this 1951. title, for loans under title VI, and for the purposes of section 232. Such ^^ Stat. 438, receipts and other funds made available under this section shall remain post. p. sio.' available until expended." TECHNICAL COOPERATION AND DEVELOPMENT GRANTS

SEC. 102. amended by inserting in $183,500,000

Section 212 of such Act, relating to authorization, is o2^st^t^96t)*^' striking out "$200,000,000 for the fiscal year 1969" and 22 USC 2172. lieu thereof "$183,500,000 for the fiscal year 1970, and for the fiscal year 1971". AMERICAN SCHOOLS AND HOSPITALS ABROAD

SEC. 103. Section 214 of such Act, relating to American schools and hospitals abroad, is amended— (1) by striking out of subsection (c) "fiscal year 1969, $14,600,000, to remain available until expended." and inserting in lieu thereof "fiscal year 1970, $25,900,000, and for the fiscal year 1971, $12,900,000, which amounts are authorized to remain available until expended. Amounts appropriated under this subsection for the fiscal year 1970 shall be available for expenditure solel}^ in accordance with the allocations set forth on pages 25 and 26 of House Report No. 91-611 and on page 23 of Senate Report No. 91-603."; (2) by striking out_ of subsection (d) "fiscal year 1969, $5,100,000" and inserting in lieu thereof "fiscal year 1970, $3,000,000"; and

^^ stau 96o.

8° Stat. 793.

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(3) by adding at the end of subsection (d) the following new sentence: "Foreign currencies appropriated under this subsection shall be available for expenditure solely in accordance with the allocation set forth on page 23 of Senate Report No. 91-603.". PROTOTYPE DESALTING P L A N T; PROGRAMS FOR P E A C E F U L COMMUNICATION 75 Stat. 427; 81 Stat. 450. 22 USC 21712178.

Construction and operation. U.S. c o s t s.

SEC. 104. Title II of chapter 2 of part I, relating to technical cooperation and development grants, is amended by adding at the end thereof the following new sections: " S E C, 219. PROTOTYPE DESALTING P L A N T. — (a) I n furtherance of the purposes of this part and for the purpose of improving existing, and developing and advancing new, technology and experience in the design, construction, and operation of large-scale desalting plants of advanced concepts which will contribute materially to low-cost desalination in all countries, including the United States, the President, if he determines it to be feasible, is authorized to participate in the development of a large-scale water treatment and desalting prototype plant and necessary appurtenances to be constructed in Israel as an integral part of a dual-purpose power generating and desalting project. Such participation shall include financial, technical, and such other assistance as the President deems appropriate to provide for the study, design, construction, and, for a limited demonstration period of not to exceed five years, operation and maintenance of the water treatment and desalting facilities of the dual-purpose project. "(b) Any agreement entered into under subsection (a) of this section shall include such terms and conditions as the President deems appropriate to insure, among other things, that all information, products, uses, processes, patents, and other developments obtained or utilized in the development of this prototype plant will be available without further cost to the United States for the use and benefit of the United States throughout the world, and to insure that the United States, its officers, and employees have a permanent right to review data and have access to such plant for the purpose of observing its operations and improving science and technology in the field of desalination. "(c) I n carrying out the provisions of this section, the President may enter into contracts with public or private agencies and with any person without regard to sections 3648 and 3709 of the Revised Statutes of the United States (31 U.S.C. 529 and 41 U.S.C. 5). " (d) Nothing in this section shall be construed as intending to deprive the owner of any background patent or any right which such owner may have under that patent. "(e) I n carrying out the provisions of this section, the President may utilize the personnel, services, and facilities of any Federal agency. "(f) The United States costs, other than its administrative costs, for the study, design, construction, and operation of a prototype plant under this section shall not exceed either 50 per centum of the total capital costs of the facilities associated with the production of water, and 50 per centum of the operation and maintenance costs for the demonstration period, or $20,000,000, whichever is less. There are authorized to be appropriated, subject to the limitations of this subsection, such sums as may be necessary to carry out the provisions of this section, including administrative costs thereof. Such sums are authorized to remain available until expended.

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" (g) No funds appropriated for the Office of Saline Water pursuant to the appropriation authorized by the Act of July 11, 1969 (83 Stat. 45, Public Law 91-43), or prior authorization Acts, shall be used to carry out the purposes of this section. "SEC.

220. PROGRAMS FOR PEACEruL COMMUNICATION.— (a)

The

President is authorized to use funds made available under section 212 ^"'=' P* ^°5. to carry out programs of peaceful communications which make use of television and related technologies, including satellite transmissions, for educational, health, agricultural, and community development purposes in the less developed countries. "(b) I n carrying out programs in the fields of education, health, agriculture, and community development, the agency primarily responsible for part I shall, to the extent possible, assist the develop- g/statf-j/s^^' ing countries with research, training, planning assistance, and project 22 USC arsi. support in the use of television and related technologies, including satellite transmissions. The agency shall make maximum use of existing satellite capabilities, including the facilities of the International Telecommunications Satellite Consortium. "(c) I n implementing activities under this section, the agency primarily responsible for part I shall coordinate closely with Federal, State, and local agencies and with nongovernmental educational, health, and agricultural institutions and associations within the United States." HOUSING GUARANTIES; OVERSEAS PRIVATE INVESTMENT CORPORATION

SEC. 105. Chapter 2 of part I of such Act, relating to development 7^ Stat. 429, assistance, is amended by striking out title III and title IV and 22 USC 2i8i, inserting in lieu thereof the following new titles: 2191. " TITLE III — H O U S I N G GUARANTIES

221. WORLDWIDE HOUSING GUARANTIES.—In order to facilitate and increase the participation of private enterprise in furthering the development of the economic resources and productive capacities of less developed friendly countries and areas, and promote the development of thrift and credit institutions engaged in programs of mobilizing local savings for financing the construction of self-liquidating housing projects and related community facilities, the President is authorized to issue guaranties, on such terms and conditions as he shall determine, to eligible investors as defined in section 238(c), assuring against loss of loan investments for self-liquidating housing projects. The total face amount of guaranties issued hereunder, outstanding at any one time, shall not exceed $130,000,000. Such guaranties shall be issued under the conditions set forth in section 222(b) and section 223. "SEC.

"SEC. 222. HOUSING PROJECTS I N L A T I N AMERICAN COUNTRIES.—(a)

The President shall assist in the development in the American Republics of self-liquidating housing projects, the development of institutions engaged in Alliance for Progress programs, including cooperatives, free labor unions, savings and loan type institutions, and other private enterprise programs in Latin America engaged directly or indirectly in the financing of home mortgages, the construction of homes for lower income persons and families, the increased mobilization of savings and improvement of housing conditions in Latin America. " (b) To carry out the purposes of subsection (a), the President is authorized to issue guaranties, on such terms and conditions as he

^°® P* S^*

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shall determine, to eligible investors, as defined in section 238(c), assuring against loss of loan investment made by such investors in— "(1) private housing projects in Latin America of types similar to those insured by the Department of Housing and Urban Development and suitable for conditions in Latin America; "(2) credit institutions in Latin America engaged directly or indirectly in the financing of home mortgages, such as savings and loan institutions and other qualified investment enterprises; "(3) housing projects in Latin America for lower income families and persons, which projects shall be constructed in accordance with maximum unit costs established by the President for families and persons whose incomes meet the limitations prescribed by the President; "(4) housing projects in Latin America which will promote the development of institutions important to the success of the Alliance for Progress, such as free labor unions, cooperatives, and other private enterprise programs; or " (5) housing projects in Latin America, 25 per centum or more of the aggregate of the mortgage financing for which is made available from sources within Latin America and is not derived from sources outside Latin America, which projects shall, to the maximum extent practicable, have a unit cost of not more than $8,500. "(c) The total face amount of guaranties issued hereunder or heretofore under Latin American housing guaranty authority repealed by the Foreign Assistance Act of 1969, outstanding at any one time, shall not exceed $550,000,000: Provided, That $325,000,000 of such guaranties may be used only for the purposes of subsection (b)(1). " SEC. 223. GENERAL PROVISIONS.— (a) A fee shall be charged for each guaranty issued under section 221 or section 222 in an amount to be determined by the President. In the event the fee to be charged for such type of guaranty is reduced, fees to be paid under existing contracts for the same type of guaranty may be similarly reduced. "(b) The amount of $50,000,000 of fees accunndated under prior investment guaranty provisions repealed by the Foreign Assistance Act of 1969, together with all fees collected in connection with guaranties issued hereunder, shall be available for meeting necessary administrative and operating expenses of carrying out the provisions of this title and of prior housing guaranty provisions repealed by the Foreign Assistance Act of 1969 (including, but not limited to expenses pertaining to personnel, supplies, and printing), subject to such limitations as may be imposed in annual appropriation Acts; for meeting management and custodial costs incurred with respect to currencies or other assets acquired under guaranties made pursuant to section 221 or section 222 or heretofore pursuant to prior Latin American and other housing guaranty authorities repealed by the Foreign Assistance Act of 1969; and to pay the cost of investigating nnd adjusting (including costs of arbitration) claims under such guaranties; and shall be available for expenditure in discharge of liabilities under such guaranties until such time as all such property has been disposed of and all such liabilities have been discharged or have expired, or until all such fees have been expended in accordance with the provisions of this subsection. "(c) Any payments made to discharge liabilities under guaranties issued under section 221 or section 222 or heretofore under prior Latin American or other housing guaranty authorities repealed by the Foreign Assistance Act of 1969, shall be paid first out of fees referred to in subsection (b) (excluding amounts required for purposes other

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than the discharge of liabilities under guaranties) as long as such fees are available, and thereafter shall be paid out of funds, if any, realized from the sale of currencies or other assets acquired in connection with any payment made to discharge liabilities under such guaranties as long as funds are available, and finally out of funds hereafter made available pursuant to subsection (e). " (d) All guaranties issued under section 221 or section 222 or heretofore under prior Latin American or other housing guaranty authority repealed by the Foreign Assistance Act of 1969 shall constitute obligations, in accordance with the terms of such guaranties, of the United States of America and the full faith and credit of the United States of America is hereby pledged for the full payment and performance of such obligations. " (e) There is hereby authorized to be appropriated to the President such amounts, to remain available until expended, as may be necessary from time to time to carry out the purposes of this title. '*(f) In the case of any loan investment guaranteed under section interest rate. 221 or section 222, the agency primarily responsible for administering part I shall prescribe the maximum rate of interest allowable to the 75 Stat. 424; eligible investor, which maximum rate shall not be less than one-half 22 USC 2151. of 1 per centum above the then current rate of interest applicable to housing mortgages insured by the Department of Housing and Urban Development. In no event shall the agency prescribe a maximum allowable rate of interest which exceeds by more than 1 per centum the then current rate of interest applicable to housing mortgages insured by such Department. The maximum allowable rate of interest under this subsection shall be prescribed by the agency as of the date the project covered by the investment is officially authorized and, prior to the execution of the contract, the agency may amend such rate at its discretion, consistent with the provisions of subsection (f). " (g) Housing guaranties committed, authorized, or outstanding under prior housing guaranty authorities repealed by the Foreign Assistance Act of 1969 shall continue subject to provisions of law originally applicable thereto and fees collected hereafter with respect to such guaranties shall be available for the purposes specified in subsection (b). " (h) No payment may be made under any guaranty issued pursuant to this title for any loss arising out of fraud or misrepresentation for which the party seeking payment is responsible, "(i) The authority of section 221 and section 222 shall continue Expiration of until June 30, 1972. authority. " TITLE IV—OVERSEAS PRIVATE INVESTMENT CORPORATION

231. CREATION, PURPOSE, AND POLICY.—To mobilize and facilitate the participation of United States private capital and skills in the economic and social progress of less developed friendly countries and areas, thereby complementing the development assistance objectives of the United States, there is hereby created the Overseas Private Investment Corporation (hereinafter called the 'Corporation'), which shall be an agency of the United States under the policy guidance of the Secretary of State. "In carrying out its purpose, the Corporation, utilizing broad criteria, shall undertake— " (a) to conduct its financing operations on a self-sustaining basis, taking into account the economic and financial soundness of projects and the availability of financing from other sources on appropriate terms; "SEC.

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"(b) to utilize private credit and investment institutions and the Corporation's guaranty authority as the principal means of mobilizing capital investment funds; "(c) to broaden private participation and revolve its funds through selling its direct investments to private investors whenever it can appropriately do so on satisfactory terms; " (d) to conduct its insurance operations with due regard to principles of risk management including, w'hen appropriate, eiforts to share its insurance risks; "(e) to utilize, to the maximum practicable extent consistent with the accomplishment of its purpose, the resources and skills of small business and to provide facilities to encourage its full participation in the programs of the Corporation; "(f) to encourage and support only those private investments in less developed friendly countries and areas which are sensitive and responsive to the special needs and requirements of their economies, and which contribute to the social and economic development of their people; " (g) to consider in the conduct of its operations the extent to which less developed country governments are receptive to private enterprise, domestic and foreign, and their willingness and ability to maintain conditions which enable private enterprise to make its full contribution to the development process; " (h) to foster private initiative and competition and discourage monopolistic practices; "(i) to further to the greatest degree possible, in a manner consistent with its goals, the balance-of-payments objectives of the United States; "(j) to conduct its activities in consonance with the activities of the agency primarily responsible for administering part I and the international trade, investment, and financial policies of the United States Government; and " (k) to advise and assist, within its field of competence, interested agencies of the United States and other organizations, both public and private, national and international, with respect to projects and programs relating to the development of private enterprise in less developed countries and areas. "SEC. 232. CAPITAL OF THE CORPORATION.—The President is author-

68 Stat. 832. 22 USC 17501951

ized to pay in as capital of the Corporation, out of dollar receipts made available through the appropriation process from loans made pursuant to this part and from loans made under the Mutual Security Act of 1954, as amended, for the fiscal year 1970 not to exceed $20,000,000 and for the fiscal year 1971 not to exceed $20,000,000. Upon the payment of such capital by the President, the Corporation shall issue an equivalent amount of capital stock to the Secretary of the Treasury. "SEC.

Appointments

by P r e s i d e n t.

233. ORCXANIZATION AND MANAGEMENT.—(a)

STRUCTURE OF

THE CORPORATION.—The Corporation shall have a Board of Directors, a President, an Executive Vice President, and such other officers and staff as the Board of Directors may determine. "(b) BOARD OF DIRECTORS.—All powers of the Corporation shall vest in and be exercised by or under the authority of its Board of Directors ('the Board') which shall consist of eleven Directors, including the Chairman, with six Directors constituting a. quorum for the transaction of business. The Administrator of the Agency for International Development shall be the Chairman of the Board, ex officio. Six Dlrcctors (other than the President of the Corporation, appointed pursuant to subsection (c) who shall also serve as a Director) shall be appointed by the President of the United States, by

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and with the advice and consent of the Senate, and shall not be officials or employees of the Government of the United States. At least one of the six Directors appointed under the preceding sentence shall be experienced in small business, one in organized labor, and one in cooperati^es. Each such Director shall be appointed for a term of no Terms of office. more than three years. The terms of no more than two such Directors shall expire in any one year. Such Directors shall serve until their successors are appointed and qualified and may be reappointed. "The other Directors shall be officials of the Government of the United States, designated by and serving at the pleasure of the President of the United States. "All Directors who are not officers of the Corporation or officials of the Government of the United States shall be compensated at a rate equivalent to that of level IV of the Executive Schedule (5 U.S.C 5315) when actually engaged in the business of the Corporation and Post, p. 864. may be paid per diem in lieu of subsistence at the applicable rate prescribed in the standardized Government travel regulations, as amended from time to time, while away from their homes or usual places of business. "(c) PRESIDENT OF THE CORPORATION.—The President of the Cor- byAppointment President. poration shall be appointed by the President of the Tmited States, by and with the advice and consent of the Senate, and shall serve at the pleasure of the President. In making such appointment, the President shall take into account private business experience of the appointee. The President of the Corporation shall be its Chief Executive Officer and responsible for the operations and management of the Corporation, subject to bylaws and policies established by the Board. " (d) OFFICERS AND STAFF.—The Executive Vice President of the Corporation shall be appointed by the President of the United States, by and wath the advice and consent of the Senate, and shall serve at the pleasure of the President. Other officers, attorneys, employees, and agents shall be selected and appointed by the Corporation, and shall be vested with such powers and duties as the Corporation may determine. Of such persons employed by the Corporation, not to exceed twenty may be appointed, compensated, or removed without regard to the civil service laws and regulations: Provided, That under such regulations as the President of the United States may prescribe, officers and employees of the United States Government who are appointed to any of the above positions may be entitled, upon removal from such position, except for cause, to reinstatement to the position occupied at the time of appointment or to a position of comparable grade and salary. Such positions shall be in addition to those otherwise authorized by law, including those authorized by section 5108 80 Stat. 453, of title 5 of the United States Code. " SEC. 234. INVESTMENT INCENTIVE PROGRAMS.—The Corporation is hereby authorized to do the following: " (a) INVESTMENT INSURANCE.— (1) To issue insurance, upon such terms and conditions as the Corporation may determine, to eligible investors assuring protection in whole or in part against any or all of the following risks with respect to projects which the Corporation has approved— "(_A) inability to convert into United States dollars other currencies, or credits in such currencies, received as earnings or profits from the approved project, as repayment or return of the investment therein, in whole or in part, or as compensation for the sale or disposition of all or any part thereof;

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" (B) loss of investment, hi whole or hi part, m the approved project due to expropriation or confiscation by action of a foreign government; and " (C) loss due to Avar, revolution, or insurrection. "(2) Recognizing that major private investments in less developed friendly countries or areas are often made by enterprises in which there in multinational participation, including significant United States private participation, the Corporation may make such arrangements with foreign governments (including agencies, instrumentalities, or political subdivisions thereof) or with multilateral organizations for sharing liabilities assumed under investment insurance for such investments and may in connection therewith issue insurance to investors not otherwise eligible hereunder: Provided, however, That liabilities assumed by the Corporation under the authority of this subsection shall be consistent with the purposes of this title and that the maximum share of liabilities so assumed shall not exceed the proportionate participation by eligible investors in the total project financing. " (3) Not more than 10 per centum of the total face amount of investment insurance which the Corporation is authorized to issue under this subsection shall be issued to a single investor. "(b) INVESTMENT (IUARANTIES.—To issue to eligible investors guaranties of loans and other investments made by such investors assuring against loss due to such risks and upon such terms and conditions as the Corporation may determine: Provided, however, That such guaranties on other than loan investments shall not exceed 75 per centum of such investment: Provided further, That except for loan investments for credit unions made by eligible credit unions or credit union associations, the aggregate amount of investment (exclusive of interest and earnings) so guaranteed with respect to any project shall not exceed, at the time of issuance of any such guaranty, 75 per centum of the total investment committed to any such project as determined by the Corporation, which determination shall be conclusive for purposes of the Corporation's authority to issue any such guaranty: Provided further, That not more than 10 per centum of the total face amount of investment guaranties which the Corporation is authorized to issue under this subsection shall be issued to a single investor. "(c) DIRECT INVESTMENT.—To make loans in United States dollars repayable in dollars or loans in foreign currencies (including, without regard to section 1415 of the Supplemental Appropriation "'^^^' ^^^^5 ^wch. foreign currencies which the Secretary of the Treasury may determine to be excess to the normal requirements of the United States and the Director of the Bureau of the Budget may allocate) to firms privately owned or of mixed private and public ownership upon such terms and conditions as the Corporation may determine. The Corporation may not purchase or invest in any stock in any other corporation, except that it may (1) accept as evidence of indebtedness debt securities convertible to stock, but such debt securities shall not be converted to stock while held by the Corporation, and (2) acquire stock through the enforcement of any lien or pledge or otherwise to satisfy a previously contracted indebtedness which would otherwise be in default, or as the result of any payment under any contract of insurance or guaranty. The Corporation shall dispose of any stock it may so acquire as soon as reasonably feasible under the circumstances then pertaining. "No loans shall be made under this section to finance operations for mining or other extraction of any deposit of ore, oil, gas, or other mineral.

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'•(d) IxvEST:kiKXT ExcouRACiEMEXT.—To initiate and support through financial participation, incentive grant, or otherwise, and on such terms and conditions as the Corporation may determine, the identification, assessment, surveying and promotion of private investment opportunities, utilizing wherever feasible and effective the facilities of private organizations or private investors: ProvldecL however. That the Corporation shall not finance surveys to ascertain the existence, location, extent or quality, or to determine the feasibility of undertaking operations for mining or other extraction, of any deposit of ore, oil, gas, or other mineral. In carrying out this authority, the Corporation shall coordinate with such investment promotion activities as are carried out by the Department of Commerce. "'(e) SPECIAL ACTIVITIES.—To administer and manage special projects and programs, including programs of financial and advisory support which provide private technical, professional, or managerial assistance in the development of human resources, skills, technology, capital savings and intermediate financial and investment institutions and cooperatives. The funds for these projects and programs may, with the Corporation's concurrence, be transferred to it for such purposes under the authority of section 682(a) or from other sources, public or private.

813

75 Stat. 453. 22 USC 2392.

" SEC. 235. ISSUING AUTHORITY, DIRECT INVESTMENT FUX'D AND

RESERVES.— (a)(1) The maximum contingent liability outstanding at any one time pursuant to insurance issued under section 234(a) shall not exceed $7,500,000,000. " (2) The maximum contingent liability outstanding at any one time pursuant to guaranties issued under section 234(b) shall not exceed in the aggregate $750,000,000, of which guaranties of credit union investment shall not exceed $1,250,000: Provided., That the Corporation shall not make any commitment to issue any guaranty which would result in a fractional reserve less than 25 per centum of the maximum contingent liability then outstanding against guaranties issued or commitments made pursuant to section 234(b) or similar predecessor guaranty authority. "(3) The Congress, in considering the budget programs transmitted by the President for the (\)rporation, pursuant to section 104 of the Government Corporation Control Act, as amended, may limit the obligations and contingent liabilities to be undertaken under section 234(a) and (b) as well as the use of funds for operating and administrative expenses. ''(4) The authority of section 234(a) and (b) shall continue until June 30, 1974. " (b) There shall be established a revolving fund, known as the Direct Investment Fund, to be held by the Corporation. Such fund shall consist initially of amounts made available under section 232, shall be available for the purposes authorized under section 234(c), shall be charged with realized losses and credited with realized gains and shall be credited with such additional sums as may be transferred to it under the provisions of section 236. "(c) There shall be established in the Treasury of the United States an insurance and guaranty fund, which shall have separate accounts to be known as the Insurance Reserve and the Guaranty Reserve, which reserves shall be available for discharge of liabilities, as provided in section 235(d), until such time as all such liabilities have been discharged or have expired or until all such reserves have been expended in accordance with the provisions of this section. Such fund shall be funded by: (1) the funds heretofore available to discharge liabilities under predecessor guaranty authority (including

61 Stat. 584. 31 USC 849.

Expiration of authority.

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184 occupied was two floors from the top. Tom descended the staircase, trying to think up some excuse to offer, in case he met the watchman or janitor. But he encountered no one. As he reached the floor where he knew Morse and his gang were wont to assemble, he paused and listened. At first he heard nothing, then, as the sound of the storm became less he fancied he heard the murmur of voices.

"Suppose it should be some of them?" whispered Tom.

He went forward, pausing at almost every other step to listen. The voices became louder. Tom was now nearly at the office, where Morse had once had his quarters. Now he could see it, and his heart gave a great thump as he noticed that the place was lighted. The lad could read the name on the door. "Industrial Development Company." That was the name of a fake concern headed by Morse. As our hero looked he saw the shadows of two men thrown on the ground glass.

"Some one's in there!" he whispered to himself. He could now hear the voices much plainer. They came from the room, but the lad could not distinguish them as belonging to any of the gang with whom he had come in contact, and who had escaped from jail.

The low murmur went on for several seconds.

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F e e s and revenues.

Appropriation.

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[83 STAT.

housing guaranty authorities), less both the amount made available for housing guaranty programs pursuant to section 223(b) and the amount made available to the Corporation pursuant to section 234 (e); and (2) such sums as shall be appropriated pursuant to section 235(f) for such purpose. The allocation of such funds to each such reserve shall be determined by the Board after consultation with the Secretary of the Treasury. Additional amounts may thereafter be transferred to such reserves pursuant to section 236. " (d) Any payments made to discharge liabilities under investment insurance issued under section 234(a) or under similar predecessor guaranty authority shall be paid first out of the Insurance Reserve, as long as such reserve remains available, and thereafter out of fvinds made available pursuant to section 235(f). Any payments made to discharge liabilities under guaranties issued under section 234(b) or under similar predecessor guaranty authority shall be paid first out of the (xuaranty Reserve as long as such reserve remains available, and thereafter out of funds made available pursuant to section 235(f). "(e) There is hereby authorized to be transferred to the Corporation at its call, for the purposes specified in section 236, all fees and other revenues collected under predecessor guaranty authority from December 31, 1968, available as of the date of such transfer. "(f) There is hereby authorized to be appropriated to the Corporation, to remain available until expended, such amounts as may be necessary from time to time to replenish or increase the insurance and guaranty fund or to discharge the liabilities under insurance and guaranties issued by the Corporation or issued under predecessor guaranty authority. "SEC. 236. INCOME AXD REVENUES.—In order to carry out the purposes of the (\)rporation, all revenues and income transferred to or earned by the Corporation, from whatever source derived, shall be held by the (Corporation and shall be available to carry out its purposes, including without limitation— " (a) payment of all expenses of the Corporation, including investment promotion expenses; "(b) transfers and additions to the insurance or guaranty reserves, the Direct Investment Fund established pursuant to section 235, and such other funds or reserves as the Corporation may establish, at such time and in such amounts as the Board may determine; and "(c) payment of dividends, on capital stock, which shall consist of and be paid from net earnings of the Corporation after payments, transfers, and additions under subsections (a) and (b) hereof. "SEC. 237. GENERAL PROVISIONS RELA'nN(TO INSURANCE AND GUARANTY PROGRAMS.— (a) Insurance and guaranties issued under this title

shall cover investment made in connection with projects in any less developed friendly country or area with the government of which the President of the United States has agreed to institute a program for insurance or guaranties. "(b) The Corporation shall determine that suitable arrangements exist for protecting the interest of the Corporation in connection with any insurance or guaranty issued under this title, including arrangements concerning ownership, use, and disposition of the currency, credits, assets, or investments on account of which payment under such insurance or guaranty is to be made, and any right, title, claim, or cause of action existing in connection therewith.

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"(c) All guaninties issued prior to July 1, 1956, all guaranties issued under sections 202(b) and 413(b) of the Mutual Security Act of 1954, as amended, all guaranties heretofore issued pursuant to prior guaranty authorities repealed by the Foreign Assistance Act of 1969, and all insurance and guaranties issued pursuant to this title shall constitute obligations, in accordance with the terms of such insurance or guaranties, of the United States of America and the full faith and credit of the United States of America is hereby pledged for the full payment and performance of such obligations. " (d) Fees shall be charged for insurance and guaranty coverage in amounts to be determined by the Corporation. I n the event fees to be charged for investment insurance or guaranties are reduced, fees to be paid under existing contracts for the same type of guaranties or insurance and for similar guaranties issued under predecessor guaranty authority may be reduced. " (e) No insurance or guaranty of any equity investment shall extend beyond twenty years from the date of issuance. "(f) No insurance or guaranty issued under this title shall exceed the dollar value, as of the date of the investment, of the investment made in the y^roject with the approval of the Corporation plus interest, earnings or profits actually accrued on said investment to the extent provided by such insurance or guaranty. " (g) No payment may be made under any guaranty issued pursuant to this title for any loss arising out of fraud or misrepresentation for which the party seeking payment is responsible. " (h) Insurance or guaranties of a loan or equity investment of an eligible investor in a foreign bank, finance company, or other credit institution shall extend only to such loan or equity investment and not to any individual loan or ecpiity investment made by such foreign bank, finance company, or other credit institution. "(i) (^laiins arising as a result of insurance or guaranty operations under this title or under predecessor guaranty authority may be settled, and disputes arising as a result thereof may be arbitrated with the consent of the Darties, on such terms and conditions as the Corporation may determine. Payment made pursuant to any such settlement, or as a result of an arbitration award, shall be final and conclusive notwithstanding any other provisi(m of law. "(j) Each guaranty contract executed by such officer or officers as may be designated by the Board shall be conclusively presumed to be issued in compliance with the requirements of this Act. " (k) I n making a determination to issue insurance or a guaranty under this title, the Corporation shall consider the possible adverse effect of the dollar investment under such insurance or guaranty upon the balance of payments of the United States. "SEC. 238. Dp:FiN'rriONS.—As used in this title— " (a) the term 'investment' includes any contribution of funds, commodities, services, patents, processes, or techniques, in the form of (1) a loan or loans to an approved project, (2) the purchase of a share of ownership in any such project, (3) participation in royalties, earnings, or profits of any such project, and (4) the furnishing of commodities or services pursuant to a lease or other contract; "(b) the term 'expro]iriation' includes, but is not limited to, any abrogation, repudiation, or impairment by a foreign government of its own contract with an investor with respect to a project, where such abrogation, repudiation, or impairment is not caused by the investor's own fault or misconduct, and materially adversely affects the continued operation of the project;

815

7 1 Stat. 357. 22 USC 1872

note.

6 8 Stat. 84(5. 22 USC 1933

note.

Insurance fees

eiaims settlement.

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Page:United States Statutes at Large Volume 83.djvu/844

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71 Stat. 357. 22 USC 1872 note. 68 Stat. 846. 22 USC 1933 note. 62 Stat. 143; 64 Stat. 198. 22 USC 1509 note.

59 Stat. 597; 61 Stat. 584. 31 USC 841 note. Corporation powers.

PUBLIC LAW 91-175-DEC. 30, 1969

[83 STAT.

"{<.') the term 'eligible investor' means: (1) United States citizens; (2) corporations, partnerships, or other associations including nonprofit associations, created under the laws of the United States or any State or territory thereof and substantially beneficially owned by United States citizens: and (3) foreign corporations, partnerships, of other associations wholly owned by one or more such United States citizens, corporations, partnerships, or other associations: Provided, however, That the eligibility of such foreign corporation shall be determined without regard to any shares, in aggregate less than 5 per centum of the total of issued and subscribed share capital, required by law to be held by other than the United States owners: Provided further, That in the case of any loan investment a final determination of eligibility may be made at the time the insurance or guaranty is issued; in all other cases, the investor must be eligible at the time a claim arises as well as at the time the insurance or guaranty is issued; and "'(cl) the term 'predecessor guaranty authority' means prior guaranty authorities (other than housing guaranty authorities) repealed by the Foreign Assistance Act of 1969, sections 202(b) and 413(b) of the Mutual Security Act of 1954, as amended, and section 111(b)(3) of the Economic Cooperation Act of 1948, as amended (exclusive of authority relating to informational media guaranties). " SEC. 239. GENERAL PROVISIONS AND POWERS.—(a) The Corporation >hall have its principal office in the District of Columbia and shall be deemed, for purposes of venue in civil actions, to be a resident thereof. " (b) The President shall transfer to the Corporation, at such time as he may determine, all obligations, assets and related rights and responsibilities arising out of, or related to, predecessor programs and authorities simihir to those provided for in section 234(a), (b), and (d). lentil such transfer, the agency heretofore responsible for such predecessor programs shall continue to administer such assets and obligations, and such programs and activities authorized under this title as may be determined by the President. "(c) The Corporation shall be subject to the applicable provisions of the Government Corporation Control Act, except as otherwise provided in this title. " (d) To carry out the purposes of this title, the Corporation is authorized to adopt and use a corporate seal, which shall be judicially noticed; to sue and be sued in its corporate name; to adopt, amencl, and repeal bylaws governing the conduct of its business and the performance of the powers and duties granted to or imposed upon it by law; to acquire, hold or dispose of, upon such terms and conditions as the Corporation may determine, any property, real, personal, or mixed, tangible or intangible, or any interest therein; to invest funds derived from fees and other revenues in obligations of the United States and to use the proceeds therefrom, including earnings and profits, as it shall deem appropriate; to indemnify directors, officers, employees and agents of the Corporation for liabilities and expenses incurred in connection with their Corporation activities; to require bonds of officers, employees, and agents and pay the premiums therefor; notwithstanding any other provision of law, to represent itself or to contract for representation in all legal and arbitral proceedings: to purchase, discount, rediscount, sell, and negotiate, with or without its endorsement or guaranty, and guarantee notes, participation certificates, and other evidence of indebtedness (provided that the Corporation shall not issue its own securities, except participation cer-

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Page:United States Statutes at Large Volume 83.djvu/845

 83 STAT. ]

PUBLIC LAW 91-175-DEC. 30, 1969

817

tificates for the purpose of carrying out section 231(c)); to make and carry out such contracts and agreements as are necessary and advisable in the conduct of its business; to exercise the priority of the Government of the United States in collecting debts from bankrupt, insolvent, or decedents' estates; to determine the character of and the necessity for its obligations and expenditures, and the manner in which they shall be incurred, allowed, and paid, subject to provisions of law specifically applicable to Government corporations; and to take such actions as may be necessary or appropriate to carry out the powers herein or hereafter specifically conferred upon it. "(e) The Auditor-General of the Agency for International Devel- AID. opment (1) shall have the responsibility for planning and directing viewsVy Xuduorthe execution of audits, reviews, investigations, and inspections of all General. phases of the Corporation's operations and activities and (2) shall conduct all security activities of the Corporation relating to personnel and the control of classified material. With respect to his responsibilities under this subsection, the Auditor-General shall report to the Board. The agency primarily responsible for administering part I shall be reimbursed by the Corporation for all expenses incurred by the Auditor-General in connection with his responsibilities under this subsection. "(f) In order to further the purposes of the Corporation there shall Advuory be established an Advisory Council to be composed of such representatives of the American business community as may be selected by the Chairman of the Board. The President and the Board shall, from time to time, consult with such Council concerning the objectives of the Corporation. Members of the Council shall receive no compensation for their services but shall be entitled to reimbursement in accordance with section 5703 of title 5 of the United States Code for travel and ^"'^' P- i^o. other expenses incurred by them in the performance of their functions under this section. " SEC. 240. AGRICULTURAL CREDIT AND S E L F - H E L P COMMUNITY DEVELOPMENT PROJECTS.— (a) It is the sense of the Congress that in

order to stimulate the participation of the private sector in the economic development of less developed countries in Latin America, the authority conferred by this section should be used to establish pilot programs in not more than five Latin American countries to encourage private banks, credit institutions, similar private lending organizations, cooperatives, and private nonprofit development organizations to make loans on reasonable terms to organized groups and individuals residing in a community for the purpose of enabling such groups and individuals to carry out agricultural credit and self-help community development projects for which they are unable to obtain financial assistance on reasonable terms. Agricultural credit and assistance for self-help community development projects should include, but not be limited to, material and such projects as wells, pumps, farm machinery, improved seed, fertilizer, pesticides, vocational training, food industry development, nutrition projects, improved breeding stock for farm animals, sanitation facilities, and looms and other handicraft aids. "(b) To carry out the purposes of subsection (a), the Corporation is authorized to issue guaranties, on such terms and conditions as it shall determine, to private lending institutions, cooperatives, and private nonprofit development organizations in not more than five Latin American countries assuring against loss of not to exceed 25 per centum of the portfolio of such loans made by any lender to organized groups or individuals residing in a community to enable such groups

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Page:United States Statutes at Large Volume 83.djvu/846

 818

PUBLIC LAW 91-175-DEC. 30, 1969

Use of foreign currencies.

Report to Congress.

Expiration of authority.

[83 STAT.

or individuals to carry out agricultural credit and self-help community development projects for which they are unable to obtain financial assistance on reasonable terms. In no event shall the liability of the United States exceed 75 per centum of any one loan. "(c) The total face amount of guaranties issued under this section outstanding at any one time shall not exceed $15,000,000. Not more than 10 per centum of such sum shall be provided for any one institution, cooperative, or organization. " (d) The Inter-American Social Development Institute shall be consulted in developing criteria for making loans eligible for guaranty coverage under this section. "(e) The guaranty reserve established under section 235(c) shall be available to make such payments as may be necessary to discharge liabilities under guaranties issued under this section. " (f) Notwithstanding the limitation contained in subsection (c) of this section, foreign currencies owned by the United States and determined by the Secretary of the Treasury to be excess to the needs of the United States may be utilized to carry out the purposes of this section, including the discharge of liabilities incurred under this subsection. The authority conferred by this subsection shall be in addition to authority conferred by any other provision of law to implement guaranty programs utilizing excess local currency. " (g) The Corporation shall, on or before January 15, 1972, make a detailed report to the Congress on the results of the pilot programs established under this section, together with such recommendations as it may deem appropriate. " (h) The authority of this section shall continue until June 30, 1972. "SEC. 240A. REPORTS TO THE CONGRESS.— (a) After the end of each fiscal year, the Corporation shall submit to the Congress a complete and detailed report of its operations during such fiscal year. "(b) Not later than March 1, 1974, the Corporation shall submit to the Congress an analysis of the possibilities of transferring all or part of its activities to private United States citizens, corporations, or other associations." ALLIANCE FOR PROGRESS

76 Stat. 258; 82 Stat. 961. 22 USC 2212.

81 Stat. 22 USC 76 Stat. 22 USC 75 Stat. 22 USC 2352.

445. 2151. 257. 2211. 438. 2351,

SEC. 106. Section 252(a) of such Act, relating to authorization, is amended to read as follows: "SEC. 252. AUTHORIZATION.— (a) There is authorized to be appropriated to the President for the purposes of this title, in addition to other funds available for such purposes, for the fiscal year 1970, $428,250,000, and for the fiscal year 1971, $428,250,000, which amounts are authorized to remain available until expended, and which amounts, except for not to exceed $90,750,000 for each such fiscal year, shall be available only for loans payable as to principal and interest in United States dollars. In order to effectuate the purposes and provisions of sections 102, 251, 601, and 602 of this Act, not less than 50 per centum of the loan funds appropriated pursuant to this section for any fiscal year shall be available for loans made to encourage economic development through private enterprise." PROGRAMS RELATING TO POPULATION GROWTH

81 Stat. 453; 8 2 Stat. 96 2. 22 USC 2219a.

SEC. 107. Section 292, relating to authorization, is amended by striking out "fiscal year 1969, $50,000,000" and inserting in lieu thereof "fiscal year 1970, $75,000,000, and for the fiscal year 1971, $100,000,000,".

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Page:United States Statutes at Large Volume 83.djvu/847

 83 STAT. ]

PUBLIC LAW 91-175-DEC. 30, 1969

819

INTERNATIONAL ORGANIZATIONS AND PROGRAMS

SEC. 108. (a) Section 301(c) of such Act, relating to general author- go^stau^soo!^" ity, is amended to read as follows: 22 USC 2221. "(c) No contributions by the United States shall be made to the United Nations Relief and Works Agency for Palestine Refugees in the Near East except on the condition that the United Nations Relief and Works Agency take all possible measures to assure that no part of the United States contribution shall be used to furnish assistance to any refugee who is receiving military training as a member of the so-called Palestine Liberation Army or any other guerrilla type organization or who has engaged in any act of terrorism." (b) Section 302(a) of such Act, relating to authorization, is 82^3131^96^2°'' amended by striking out "fiscal year 1969, $135,000,000" and inserting 22 USC 2222. in lieu thereof "fiscal year 1970, $122,620,000, and for the fiscal year 1971, $122,620,000". (c) Section 302(b) of such Act, relating to Indus Basin develop- si Stat. 454. ment, is amended by inserting " (1) " immediately after " (b) " and by adding at the end thereof the following new paragraph: "(2) There is authorized to be appropriated to the President for grants for Indus Basin Development, in addition to any other funds available for such purposes, for use in the fiscal year 1970, $7,530,000, and for use in the fiscal year 1971, $7,530,000, which amounts shall remain available until expended." (d) Section 302 of such Act is further amended by adding a-t the 8 2^stat^*96^2°'" end thereof the following new subsection: " (e) There is authorized to be appropriated $1,000,000 for the fiscal year 1970, and $1,000,000 for the fiscal year 1971, to provide added contribution to the United Nations Relief and Works Agency for expansion of technical and vocational training of Arab refugees." SUPPORTING

ASSISTANCE

SEC. 109. Section 402 of such Act, relating to authorization, is 82^statf96*2°'' amended by striking out "fiscal year 1969 not to exceed 22 USC 2242. $410,000,000" and inserting in lieu thereof "fiscal year 1970 not to exceed $414,600,000, and for the fiscal year 1971 not to exceed $414,600,000". CONTINGENCY

FUND

SEC. 110. Section 451(a) of such Act, relating to the contingency fund, is amended by striking out "fiscal year 1968 not to exceed $50,000,000, and for the fiscal year 1969 not to exceed $10,000,000" and inserting in lieu thereof "fiscal year 1970 not to exceed $15,000,000, and for the fiscal year 1971 not to exceed $15,000,000".

'^l^f^^^' '*^'^' 22 USC 22*61.

PART II—MILITARY ASSISTANCE MILITARY

ASSISTANCE

AUTHORIZATION

SEC. 201. Section 504(a) of the Foreign Assistance Act of 1961, relating to authorization, is amended— (1) by striking out "$375,000,000 for the fiscal year 1969" and inserting in lieu thereof "$350,000,000 for the fiscal year 1970, and $350,000,000 for the fiscal year 1971"; and (2) by adding at the end thereof the following new sentence: "Amounts appropriated under this subsection shall be available for cost-sharing expenses of United States participation in the military headquarters and related agencies program,"

^o Stat. so2; 22 USC 23*12.

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Page:United States Statutes at Large Volume 83.djvu/848

 820

PUBLIC LAW 91-175-DEC. 30, 1969 SPECIAL

75 437; 457; 22

Stat. 436, 81 Stat. 82 Stat 962. u s e 2318.

AUTHORITY

ON TRAINING

FOREIGN

MILITARY

STUDENTS

SEC. 20.3. Chapter 2 of part II of such Act, relating to military assistance, is amended by inserting at the end thereof the following new section. "SEC.

75 Stat. 527. 22 USC 2451 note.

STAT.

SEC. 202. Section 506(a) of such Act, relating to special authority of the President, is amended— (1) by striking out "1969" in the first sentence and inserting in lieu thereof "1970 and the fiscal year 1971"; and (2) by striking out "in the fiscal year 1969" in the second sentence and inserting in lieu thereof "in each of the fiscal years 1970 and 1971". RESTRICTIONS

22 USC 23112321.

[83

.510.

RESTRICTIONS

ON

TRAINING

FOREIGN

MILITARY

STU-

DENTS.—The number of foreign military students to be trained in the United States in any fiscal year, out of funds appropriated pursuant to this part, may not exceed a number equal to the number of foreign civilians brought to the United States under the Mutual Educational and Cultural Exchange Act of 1961 in the immediately preceding fiscal year." PART III—GENERAL, ADMINISTRATIVE, AND MISCELLANEOUS PROVISIONS

75 Stat. 442; 76 Stat. 260. 22 USC 2360.

75 Stat. 4 4 3; 78 Stat. 1012; 80 Stat. 8 0 5. 22 USC 2362.

68 Stat. 454; 80 Stat. 1526. 7 USC 1691 note.

81 Stat. 4 5 9. 22 USC 2370.

SEC. 301. Section 610(a) of the Foreign Assistance Act of 1961, relating to transfer between accounts, is amended by inserting immediately after "funds made available for any provision of this Act" the following: " (except funds made available pursuant to title IV of chapter 2 of part I) ". SEC. 302. Section 612 of such Act, relating to use of foreign currencies, is amended by adding at the end thereof the following new subsection: " (d) I n furnishing assistance under this Act to the government of any country in which the United States owns excess foreign currencies as defined in subsection (b) of this section, except those currencies generated under the Agricultural Trade Development and Assistance Act of 1954, as amended, the President shall endeavor to obtain from the recipient country an agreement for the release, on such terms and conditions as the President shall determine, of an amount of such currencies up to the equivalent of the dollar value of assistance furnished by the United States for programs as may be mutually agreed upon by the recipient country and the United States to carry out the purposes for which new funds authorized by this Act wx)uld themselves be available." SEC. 303. (a) Section 620(s) of such Act, relating to prohibitions against furnishing assistance, is amended to read as follows: " (s)(l) I n order to restrain arms races and proliferation of sophisticated weapons, and to ensure that resources intended for economic development are not diverted to military purposes, the President shall take into account before furnishing development loans. Alliance loans or supporting assistance to any country under this Act, and before making sales under the Agricultural Trade Development and Assistance Act of 1954, as amended: " (A) the percentage of the recipient or purchasing country's budget which is devoted to military purposes;

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Page:Tom Swift and His Airship.djvu/195

Rh The listener could make out no words. Suddenly the low, even mumble was broken. Some one cried out:

"There's got to be a divvy soon. There's no use letting Morse hold that whole seventy-five thousand any longer. I'm going to get what's coming to me,"

"Hush!" some one else cried. "Be quiet!"

"No, I won't! I want my share. I've waited long enough. If I don't get what's coming to me inside of a week, I'll go to Shagmon myself and make Morse whack up. I helped on the job, and I want my money!"

"Will you be quiet?" pleaded another, and, at that instant Tom heard some one's hand on the knob. The door opened a crack, letting out a pencil of light. The men were evidently coming out. The young inventor did not wait to hear more. He had a clue now, and, running on tip-toes, he made his way to the staircase and out of the scuttle on the roof.

title: Page:Tom Swift and His Airship.djvu/195