text:
Page:United States Statutes at Large Volume 85.djvu/171

 85 STAT. ]

PUBLIC LAW 92-51-JULY 9, 1971

141

BOOKS FOR THE BLIND AND PHYSICALLY HANDICAPPED SALARIES AND EXPENSES

For salaries and expenses to carry out the provisions of the Act approved March 3, 1931 (2 U.S.C. 135a), as amended, $8,550,000. COLLECTION AND DISTRIBUTION or

«° ^'^'' ^^o.

LIBRARY MATERIALS

(SPECIAL FOREIGN CURRENCY PROGRAM)

For necessary expenses for carrying out the provisions of section 104(b)(5) of the Agricultural Trade Development and Assistance Act of 1954, as amended (7 U.S.C. 1704), to remain available until expended, $2,891,000, of which $2,625,000 shall be available only for payments in foreign currencies which the Treasury Department shall determine to be excess to the normal requirements of the United States.

^° ^'^'' ^ " s.

FURNITURE AND FURNISHINGS

For necessary expenses for the purchase and repair of furniture, furnishings, office and library equipment, $454,000. EEVISION OF H I N D S ' AND CANNON'S PRECEDENTS SALARIES AND EXPENSES

•

For necessary expenses to enable the Librarian to assist the Parliamentarian of the House of Representatives to revise and update Hinds' and Cannon's Precedents, $76,000. ADMINISTRATIVE PROVISIONS

Appropriations in this Act available to the Library of Congress for salaries shall be available for expenses of investigating the loyalty of Library employees; special and temporary services (including employees engaged by the day or hour or in piecework); and services as authorized by 5 U.S.C. 3109. «° Stat. 4i6. Not to exceed fifteen positions in the Library of Congress may be pi^ymTnt'. ^"' exempt from the provisions of appropriation Acts concerning the employment of aliens during the current fiscal year, but the Librarian shall not make any appointment tq_ any such position until he has ascertained that he cannot secure for such appointments a person in any of the categories specified in such provisions who possesses the special qualifications for the particular position and also otherwise meets the general requirements for employment in the Library of Congress. Funds available to the Library of Congress may be expended to reimburse the Department of State for medical services rendered to employees of the Library of Congress stationed abroad and for contracting on behalf of and hiring alien employees for the Library of Congress under compensation plans comparable to those authorized by section 444 of the Foreign Service Act of 1946, as amended (22 U.S.C. 8 8 9 (a)); for purchase or hire of passenger motor vehicles; 74stat. sai. for payment of travel, storage and transportation of household goods, and transportation and per diem expenses for families en route (not to exceed twenty-four); for benefits comparable to those payable under sections 911(9), 911(11), and 941 of the Foreign Service Act of 1946, as amended (22 U.S.C. 1136(9), 1136(11), and 1156, respectively); siLlT'erT'' and travel benefits comparable with those which are now or hereafter 7o stat! roe! may be granted single employees of the Agency for International

�


text:
Page:United States Statutes at Large Volume 85.djvu/172

 142

75 Stat. 457. Advance pay-

PUBLIC LAW 92-51-JULY 9, 1971

[85 STAT.

Development, including single Foreign Service personnel assigned to A.I.D. projects, by the Administrator of the Agency for International Development—or his designee—under the authority of section 636 (b) of the Foreign Assistance Act of 1961 (Public Law 87-195, 22 "[J.S.C. 2396(b)); subject to such rules and regulations as may be issued by the Librarian of Congress. Paymcuts lu advance for subscriptions or other charges for bibliographical data, publications, materials in any other form, and services may be made by the Librarian of Congress whenever he determines it to be more prompt, efficient, or economical to do so in the interest of carrying out required Library programs. Appropriations in this Act available to the Library of Congress shall be available, in an amount not to exceed $50,000, when specifically authorized by the Librarian, for expenses of attendance at meetings concerned with the function or activity for which the appropriation is made. GOVERNMENT PRINTING OFFICE PRINTING AND BINDING

82 Stat. 1256. 82 Stat. 1277.

For authorized printing and binding for the Congress; for printing and binding for the Architect of the Capitol; expenses necessary for preparing the semimonthly and session index to the Congressional Record, as authorized by law (44 U.S.C. 902); printing, binding, and distribution of the Federal Register (including the Code of Federal Regulations) as authorized by law (44 U.S.C. 1509, 1510); and printing and binding of Government publications authorized by law to be distributed without charge to the recipients; $38,000,000: Provided, That this appropriation shall not be available for printing and binding part 2 of the annual report of the Secretary of Agriculture (known as the Yearbook of Agriculture): Provided further, Th?it this appropriation shall be available for the payment of obligations incurred under the appropriations for similar purposes for preceding fiscal years. OFFICE OF SUPERINTENDENT OF DOCUMENTS SALARIES AND EXPENSES

g/statrega!"*"'

For necessary expenses of the Office of Superintendent of Documents, including compensation of all employees in accordance with the Act entitled "An Act to regulate and fix rates of pay for employees and officers of the Government Printing Office", approved June 7, 1924 (44 U.S.C. 30^); travel expenses (not to exceed $88,300); price lists and bibliographies; repairs to buildings, elevators, and machinery; and supplying books to depository libraries; $14,445,900: Provided, That $200,000 of this appropriation shall be apportioned for use pursuant to section 3679 of the Revised Statutes, as amended (31 U.S.C. 665), with the approval of the Public Printer, only to the extent necessary to provide for expenses (excluding permanent personal services) for workload increases not anticipated in the budget estimates and which cannot be provided for by normal budgetary adjustments. GOVERNMENT PRINTING OFFICE REVOL\T:NG F U N D

For payment to the "Government Printing Office revolving fund"; $3,500,000, to remain available until expended, for improving electrical and air-conditioning systems, and building structures.

�

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


text:
Page:United States Statutes at Large Volume 85.djvu/173

 85 STAT. ]

PUBLIC LAW 92-51-JULY 9, 1971

143

The Government I'rinting Office is hereby authorized to make such expenditures, within the limits of funds available and in accord with the law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out the programs and purposes set forth in the budget for the current fiscal year for the "Government Printing Office revolving fund'": Provided, That not to exceed $3,500 may be expended on the certification of the Public Printer in connection with special studies of governmental printing, binding, and distribution practices and procedures: Provided further. That during the current fiscal year the revolving fund shall be available for the hire of one passenger motor vehicle and the purchase of one passenger motor vehicle (station wagon).

H u'sc 8^49.'

GEXP:RAL ACCOUNTING OFFICE SALARIES AXD EXPENSES

For necessary expenses of the General Accounting Office, including not to exceed $3,500 to be expended on the certification of the Comptroller General of the United States in connection with special studies of governmental financial practices and procedures; services as authorized by 5 U.S.C. 3109 but at rates for individuals not to 80 Stat. 416. 5 exceed the per diem rate equivalent to the rate for grade GS-18; note.u s e 5332 advance payments in foreign countries notwithstanding section 3648, Revised Statutes, as amended (31 U.S.C. 529); benefits comparable to those payable under section 911(9), 911(11) and 942(a) of the Foreign Service Act of 1946, as amended (22 U.S.C. 1136(9), 1136(il) and 1157(a), respectively); and under regulations Pi"*^'g/gtat^e;'!^'*' scribed by the Comptroller General of the United States, rental of living quarters in foreign countries and travel benefits comparable with those which are now or hereafter may be granted single employees of the Agency for International Development, including single Foreign Service personnel assigned to A.I.D. projects, by the Administrator of the Agency for International Development—or his designee—under the authority of section 636(b) of the Foreign Assistance Act of 1961 (Public Law 87-195, 22 U.S.C. 2396(b)), 75 Stat. 457. $87,108,000: Provided, That hereafter the "Assistant Comptroller General of the United States" shall be known as the "Deputy Comptroller General of the United States".

COST-ACCOUNTING STANDARDS BOARD SALARIES AND EXPENSES

For expenses of the Cost-Accounting Standards Board necessary to carry out the provisions of section 719 of the Defense Production Act of 1950, as amended (Public Law 91-379, approved August 15, 84 Stat. 1970), $1,500,000. 50 USC GENERAL PROVISIONS 21^8. SEC. 102. No part of the funds appropriated in this Act shall be used for the maintenance or care of private vehicles. SEC. 103. Whenever any office or position not specifically established by the Legislative Pay Act of 1929 is appropriated for herein or '1

II

j

^

C

,•

-I

•

•

o

•

•

whenever the rate 01 compensation or designation of any position appropriated for herein is different from that specifically established for such position by such Act, the rate of compensation and the designation of the position, or either, appropriated for or provided herein, shall be the permanent law with respect thereto: Provided, That the provisions herein for the various items of official expenses of Mem-

796. app.

"^^ ^t^'- ^2.

2 TTSr" Aria note, 9 USC 60a.,,

�


text:
Page:United States Statutes at Large Volume 85.djvu/174

 144

PUBLIC LAW 92-52-JULY 9, 1971

F i s c a l year limitation.

Short title.

[85 STAT.

bers, officers, and committees of the Senate and House, and clerk hire for Senators and Members shall be the permanent law with respect thereto: Provided further, That the provisions relating to positions and salaries thereof carried in House Resolution 648, Eighty-eighth Congress, and House Resolutions 150 and 282, Ninety-second Congress, shall be the permanent law with respect thereto. SEC. 104. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. This Act may be cited as the "Legislative Branch Appropriation Act, 1972". Approved July 9, 1971.

Public Law 92-52 July 9, 1971 [H. R. 7736]

P u b l i c Health Service Act, amendments.

•• AN ACT To amend the Public Health Service Act to extend for one year the student loan and scholarship provisions of titles VII and VIII of such Act. Be it enacted by the Senate and House of Representatives United States of Amenca in Congress assembled, S T U D E N T LOAN PROGRAM U N D E R TITLE V n SERVICE ACT

OF THE P U B L I C

of the HEALTH

1. (a)(1) The first sentence of section 742(a) of the Public Health Service Act (42 U.S.C. 294b) is amended by striking out "the next fiscal year-' and inserting in lieu thereof "the next two fiscal years*'. (2) The third sentence of such section is amended by (A) striking out "1972" and inserting in lieu thereof "1973", and (B) by striking out "1971" and inserting in lieu thereof "1972". (b) Section 743 of such Act (42 U.S.C. 294c) is amended by striking out "1974" each place it occurs and inserting in lieu thereof "1975". (c) The first sentence of section 744(a)(1) of such Act (42 U.S.C. 294d) is amended by striking out "next three fiscal years" and inserting in lieu thereof "next four fiscal years". SECTION

82 Stat. 778; P o s t, p. 449.

S C H O L A R S H I P PROGRAM U N D E R TITLE VII OF THE H E A L T H SERVICE ACT

Pos(, p. 452.

SEC. 2. (a) Section 780(b) of the Public Health Service Act is amended (1) by striking out "the next two fiscal years" in the first sentence and inserting in lieu thereof "the next three fiscal years", (2) by striking out "1972" in the last sentence and inserting in lieu thereof "1973", and (3) by striking out "1971" in such sentence and inserting in lieu thereof "1972". (b)(1) Section 780(c)(1)(D) of such Act is amended by striking out "the next two fiscal years" and inserting in lieu thereof "the next three fiscal years". (2) Section 780(c)(1)(E) of such Act is amended (A) by striking out "1971" and inserting in lieu thereof "1^72", and (B) by striking out "1972" and inserting in lieu thereof "1973". S T U D E N T LOAN PROGRAM U N D E R TITLE VIII OF THE H E A L T H SERVICE ACT

Post,

p. 477.

PUBIJLC

PUBLIC

SEC. 3. (a) Section 824 of the Public Health Service Act (42 U.S.C. 297c) is amended (1) by striking out "for the fiscal year ending June 30, 1971" and inserting in lieu thereof "each for the fiscal year ending

�


text:
Page:United States Statutes at Large Volume 85.djvu/175

 85

STAT.]

PUBLIC LAW 92-53-JULY 9, 1971

June 30, 1971, and the next fiscal year", (2) by striking out "1972" and inserting in lieu thereof "1973", and (3) by striking out "July 1, 1971" and inserting in lieu thereof "July 1, 1972". (b) Section 826 of such Act (42 U.S.C. 297e) is amended by striking out "1974" each place it occurs and inserting in lieu thereof "1975". (c) The first sentence of section 827(a)(1) of such Act (42 U.S.C. 297f) is amended by striking out "next three fiscal years" and inserting in lieu thereof "next four fiscal years".

145

p^^^^'^^y^^' ' ^*

SCHOLARSHIP PKOdKAM I XDER TITLE VIII OF THE PUBLIC HEALTH SI:RVICE

ACT

SEC. 4. (a) Section 860(b) of the Public Health Service Act is amended (1) by striking out "the next fiscal year" and inserting in lieu thereof "the next two fiscal years", (2) by striking out "1972" in the last sentence and inserting in lieu thereof "1973", and (3) by striking out "1971" in such sentence and inserting in lieu thereof "1972". (b)(1) Section 860(c)(1)(A) of such Act is amended by striking out "the next fiscal year" and inserting in lieu thereof "the next two fiscal years". (2) Section 860(c)(1)(B) of such Act is amended (A) by striking out "1971" and inserting in lieu thereof "1972", and (B) by striking out "1972" and inserting in lieu thereof "1973".

^' "^^ '^''^•

TRAINEES HIPS FOR ADVANCED TRAINING OF PROFESSIONAL NURSES

SEC. 5. Section 821(a) of the Public Health Service Act is amended by striking out "for the fiscal year ending June 30, 1971" and inserting in lieu thereof "each for the fiscal year ending June 30, 1971, and the next fiscal year". Approved July 9, 1971.

^°^'' P- ^^S-

Public Law 92-53 AN ACT To authorize appropriations for certain maritime programs of the Department of Commerce, and for other purjwses.

July 9, 1971 [H. R. 4724]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That funds are commerce hereby authorized to be appropriated without fiscal year limita/tion fime^pr'^g2nS"s!"' as the appropriation Act may provide for the use of the Department Appropriation of Commerce, for the fiscal year 1972, as follows: authorization. (a) acc[uisition, construction, or reconstruction of vessels and construction-differential subsidy and cost of national defense features incident to the construction, reconstruction, or reconditioning of ships, $229,687,000; (b) payment of obligations incurred for operating-differential subsidy, $239,145,000; (c) expenses necessary for research and development activities (including reimbursement of the Vessel Operations Revolving Fund for losses resulting from expenses of experimental ship operations), $25,000,000; (d) reserve fleet expenses, $4,318,000;

�


text:
Page:United States Statutes at Large Volume 85.djvu/176

 146

Maritime a c a d emies, v e s s e l s. 72 Stat. 6 2 2.

PUBLIC LAW 92-54-JULY 12, 1971

[85 STAT.

(e) maritime training at the Merchant Marine Academy at Kings Point, New York, $7,300,000; and (f) financial assistance to State marine schools, $2,370,000. SEC. 2. Section 3 of the Maritime Academy Act of 1958 (46 U.S.C. 1382) is amended by inserting a new subsection (c) to read as follows: "(c) In any case where the Secretary has not, prior to the enactment of this subsection, furnished a suitable vessel to a State as authorized by subsection (a) of this section, the Secretary may, in lieu of furnishing such a vessel, repair, recondition and equip (including all apparel, charts, books, and mstruments of navigation) as necessary, a vessel which is owned by a State on the date of enactment of this subsection, for use as a training vessel for a maritime academy or college meeting the requirements of this Act." Approved July 9, 1971.

Public Law 92-54 July 12, 1971 [S. 31]

Emergency Employment Act of 1971.

AN ACT To provide (luring times of high unemployment for programs of public service employment for unemployed persons, to assist States and local communities in providing needed public services, and for other purposes.

Be it enacted by the Senate and House of Representatives of the Vnited States of America in Congress assembled. That this Act may be cited as the "Emergency Employment Act of 1971". STATEMENT OF F I N D I N G S A N D PURPOSES

SEC. 2. The Congress finds and declares that— (1) times of high unemployment severely limit the work opportunities available to the general population, especially lowincome persons and migrants, persons of limited English-speaking ability, and others from socioeconomic backgrounds generally associated with substantial unemployment and underemployment; (2) expanded work opportunities fail, in times of high unemployment, to keep pace with the increased number of persons in the labor force, including the many young persons who are entering the labor force, persons who have recently been separated from military service, and older persons who desire to remain in, enter, or reenter the labor force; (3) in times of high unemployment, many low-income persons are unable to secure or retain employment, making it especially difficult to become self-supporting and thus increasing the number of welfare recipients; (4) many of the persons who have become unemployed or underemployed as a result of technological changes or as a result of shifts in the pattern of Federal expenditures, as in the defense, aerospace, and construction industries, could usefully be employed

�


text:
Page:United States Statutes at Large Volume 85.djvu/177

 85 STAT. ]

PUBLIC LAW 92-54-JULY 12, 1971

in providing needed public services; (5) it is appropriate during times of high unemployment to fill unmet needs for public services in such fields as environmental quality, health care, housing and neighborhood improvements, recreation, education, public safety, maintenance of streets, parks, and other public facilities, rural development, transportation, beautification, conservation, crime prevention and control, prison rehabilitation, and other fields of human betterment and public improvement; (6) programs providing transitional employment in jobs providing needed public services and related training and manpower services can be a useful component of the Nation's manpower policies in dealing with problems of high unemployment and dependency upon welfare assistance, and providing affected individuals with opportunities to develop skills and abilities to enable them to move into other public or private employment and other opportunities; and (7) providing resources for transitional public service employment and related training and manpower services during an economic slowdown can help as an economic stabilizer both to ease the impact of unemployment for the affected individuals and to reduce the pressures which tend to generate further unemployment. I t is therefore the purpose of this Act to provide unemployed and underemployed persons with transitional employment in jobs providing needed public services during times of high unemployment and, wherever feasible, related training and manpower services to enable such persons to move into employment or training not supported under this Act. FINANCIAL

ASSISTANCE

SEC. 3. (a) The Secretary of Labor shall enter into arrangements with eligible applicants in accordance with the provisions of this Act in order to make financial assistance available during times of high unemployment for the purposes of providing transitional employment for unemployed and underemployed persons in jobs providing needed public services, and training and manpower services related to such employment which are otherwise unavailable, and enabling such persons to move into employment or training not supported under this Act. (b) Not less than 85 per centum of the funds appropriated pursuant to this Act shall be expended only for wages and employment benefits to persons employed in public service jobs pursuant to this Act. ELIGIBLE

APPLICANTS

SEC. 4. Financial assistance under this Act may be provided by the

75-432 O - 72 - 12

147

�


text:
Page:United States Statutes at Large Volume 85.djvu/178

 148

PUBLIC LAW 92-54-JULY 12, 1971

[85 STAT.

Secretary only pursuant to applications submitted by eligible applicants which, shall be— (1) units of Federal, State, and general local government; or (2) public agencies and institutions which are subdivisions of State or general local government, and institutions of the Federal Government; or (3) Indian tribes on Federal or State reservations. AUTHORIZED APPROPRIATIONS

Publication in Federal Register.

SEC. 5. (a) For the purposes of carrying out this Act, there are authorized to be appropriated $750,000,000 for the fiscal year ending June 30, 1972, and $1,000,000,000 for the fiscal year ending June 30, 1973. (b)(1) No further obligation of funds appropriated under this section may be made subsequent to a determination by the Secretary that the rate of national unemployment (seasonally adjusted) has receded below 4.5 per centum for three consecutive months except as provided in paragraph (2). (2) If, at any time subsequent to the Secretary's determination under this section, the rate of national unemployment (seasonally adjusted) equals or exceeds 4.5 per centum for three consecutive months, the Secretary shall, notwithstanding the provisions of paragraph (1), resume the obligation of funds appropriated under this section until a new determination has been made under paragraph (1). (3) I n determining the rate of national unemployment for the purposes of this section only, persons who were, at the time of their employment under this Act, being counted as unemployed in determining the rate of national unemployment shall continue to be so counted if they continue in such employment. (c) Whenever the Secretary makes any determination required by subsection (b), he shall promptly notify the Congress and shall publish such determination in the Federal Register. At such time, the Secretary shall recommend to the Congress any further steps he deems appropriate. SPECIAL EMPLOYMENT ASSISTANCE

Special Employment Assistance Program, establishment.

SEC. 6. (a) There is hereby established a Special Employment Assistance Program. There are authorized to be appropriated $250,000,000 each for the fiscal year ending June 30, 1972, and for the succeeding fiscal year, to carry out the provisions of this section. (b)The Secretary shall enter i-nto agreements with eligible applicants meeting the criteria set forth in subsection (c) in order to make financial assistance available, in accordance with the provisions of this Act, for the purpose of providing employment, for unemployed and underemployed persons residing in areas of substantial unemployment, in jobs providing needed public services.

�


text:
Page:United States Statutes at Large Volume 85.djvu/179

 85

STAT.]

PUBLIC LAW 92-54-JULY 12, 1971

(c) For the purpose of this section— (1) "areas of substantial unemployment" means any area of sufficient size and scope to sustain a public service employment program and which has a rate of unemployment equal to or in excess of 6 per centum for three consecutive months as determined by the Secretary; and (2) "eligible applicant" means any unit or combination of units of general local government or any public agency or institution which is a subdivision of any such unit, or an Indian tribe on a Federal or State reservation, which is or has within it an area of substantial unemployment. (d) Whenever the Secretary makes any determination required by this section, he shall promptly notify the Congress and shall publish such determination in the Federal Register,

149 Definitions.

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

APPLICATIONS

SEC. 7. (a) Financial assistance under this Act may be provided by Program design. the Secretary for any fiscal year only pursuant to an application which is submitted by an eligible applicant and which is approved by the Secretary in accordance with the provisions of this Act. Any such application shall set forth a public service employment program designed, in times of high unemployment, to provide transitional employment for unemployed and underemployed persons in jobs providing needed public services and, where appropriate, training and manpower services related to such employment which are otherwise unavailable, and to enable such persons to move into employment or training not supported under this Act. (b) Programs assisted under this Act shall, to the extent feasible, Purposes. be designed with a view toward— (1) developing new careers, or /2) providing opportunities for career advancement, or (3) providing opportunities for continued training, including on-the-job training, or (4) providing transitional public service employment which will enable the individuals so employed to move into public or private employment or training not supported under this Act. (c) An application for financial assistance for a public service ^^^-^^^^'^ ^°' employment program under this Act shall include provisions setting v i s i o n s. forth— (1) assurances that the activities and services for which assistance is sought under this Act will be administered by or under the supervision of the applicant, identifying any agency or institution designated to carry out such activities or services under such supervision; (2) a description of the area to be served by such programs, and a plan for effectively serving on an equitable basis the significant

�


text:
Page:United States Statutes at Large Volume 85.djvu/180

 150

cilrco^n^d'err-^" tion.

^g7 2 stau^u2i; 80 Stat! 27.' 38 USC 2001.

PUBLIC LAW 92-54-JULY 12, 1971

[85 STAT.

segments of the population to be served, including data indicating the number of potential eligible participants and their income and employment status; (3) assurances that special consideration will be given to the filling of jobs which provide sufficient prospects for advancement or suitable continued employment by providing complementary training and manpower services designed to (A) promote the advancement of participants to employment or training opportunities suitable to the individuals involved, whether in the public or private sector of the economy, (B) provide participants with skills for which there is an anticipated high demand, or (C) provide participants with self-development skills, but nothing contained in this paragraph shall be construed to preclude persons or programs for whom the foregoing goals are not feasible or appropriate; (^) ^ssurauccs that special consideration in filling public service jobs will be given to unemployed or underemployed persons who served in the Armed Forces in Indochina or Korea on or after August 5, 1964 in accordance with criteria established by the Secretary (and who have received other than dishonorable discharges); and that the applicant shall (A) make a special effort to acquaint such individuals with the program, and (B) coordinate efforts on behalf of such persons with those authorized by chapter 41 of title 38, United States Code (relating to Job Counseling and Employment Services for Veterans) or carried out by other public or private organizations or agencies; (5) assurances that, to the extent feasible, public service jobs shall be provided in occupational fields which are most likely to expand within the public or private sector as the unemployment rate recedes; (6) assurances that due consideration be given to persons who have participated in manpower training programs for whom employment opportunities would not be otherwise immediately available; (7) a description of the methods to be used to recruit, select, and orient participants, including specific eligibility criteria, and programs to prepare the participants for their job responsibilities; (8) a description of unmet public service needs and a statement of priorities among such needs; (9) a description of jobs to be filled, a listing of the major kinds of work to be performed and skills to be acquired, and the approximate duration for which participants would be assigned to such jobs; (10) the wages or salaries to be paid persons employed in public service jobs under this Act and a comparison with the wages paid for similar public occupations by the same employer; (11) where appropriate, the education, training, and supportive services (including counseling and health care services) which complement the work performed; (12) the planning for and training of supervisory personnel in working with participants; (13) a description of career opportunities and job advancement potentialities for participants; (14) assurances that procedures established pursuant to section 11(a) will be complied with; (15) assurances that agencies and institutions to whom financial assistance will be made available under this Act will undertake analysis of job descriptions and a reevaluation of skill requirements at all levels of employment, including civil service

�


text:
Page:United States Statutes at Large Volume 85.djvu/181

 85 STAT. ]

PUBLIC LAW 92-54-JULY 12, 1971

requirements and practices relating thereto, in accordance with regulations promulgated by the Secretary; (16) assurances that the applicant will, where appropriate, maintain or provide linkages with upgrading and other manpower programs for the purpose of (A) providing those persons employed in public service jobs under this x\ct who want to pursue work with the employer, in the same or similar work, with opportunities to do so and to find permanent, upwardly mobile careers in that field, and (B) providing those persons so employed, who do not wish to pursue permanent careers in such field, with opportunities to seek, prepare for, and obtain work in other fields; (17) assurances that all persons employed under any such program, other than necessary technical, supervisory, and administrative personnel, will be selected from among unemployed and underemployed persons; (18) assurances that the program will, to the maximum extent feasible, contribute to the elimination of artificial barriers to employment and occupational advancement, including civil service requirements which restrict employment opportunities for the disadvantaged; (19) assurances that not more than one-third of the participants in the program will be employed in a bona fide professional capacity (as such term is used in section 13(a)(1) of the Fair Labor Standards Act of 1938), except that this paragraph shall go^stf 1^8*37!' not be applicable in the case of participants employed as class- 29 USC 213. room teachers, and the Secretary may waive this limitation in exceptional circumstances; and (20) such other assurances, arrangements, and conditions, consistent with the provisions of this Act, as the Secretary deems necessary, in accordance with such regulations as he shall prescribe. APPROVAL OF

APPLICATIONS

SEC. 8. An application, or modification or amendment thereof, for financial assistance under this Act may be approved only if the Secretary determines that— (1) the application meets the requirements set forth in this Act; (2) the approvable request for funds does not exceed 90 per centum of the cost of carrying out the program proposed in such application, unless the Secretary determines that special circumstances or other provisions of law warrant the waiver of this requirement; (3) an opportunity has been provided to officials of the appropriate units of general local government to submit comments with respect to the application to the applicant and to the Secretary; and (4) an opportunity has been provided to the Governor of the State to submit comments with respect to the application to the applicant and to the Secretary. Kon-Federal contributions may he in cash or in kind, fairly evaluated, including but not limited to plant, equipment, or services. ALLOCATION O F

FUNDS

SEC. 9. (a) The amounts appropriated under section 5 of this Act for any fiscal year shall be allocated by the Secretary in such a manner that of such amounts—

151

�


text:
Page:United States Statutes at Large Volume 85.djvu/182

 152 State apportionment.

Within-State apportionment.

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

PUBLIC LAW 92-54-JULY 12, 1971

[85 STAT.

(1) not less than 80 per centum shall be apportioned among the States in an equitable manner, taking into consideration the proportion which the total number of unemployed persons in each such State bears to such total number of such persons, respectively, in the United States, but not less than $1,500,000 shall be apportioned to any State, except that not less than $1,500,000 shall be apportioned among the Virgin Islands, Guam,' American Samoa, and the Trust Territory of the Pacific Islands; and (2) the remainder shall be available as the Secretary deems appropriate to carry out the purposes of this Act. (b) The amount apportioned to each State under clause (1) of subsection (a) shall be apportioned amon^ areas within each such State in an equitable manner, taking into consideration the proportion which the total number of unemployed persons in each such area bears to such total number of such persons, respectively, in that State. (c) As soon as practicable after funds are appropriated to carry out this Act for any fiscal year, the Secretary shall publish in the Federal Register the apportionments required by subsections (a)(1) and (b) of this section. TRAINING A N D MANPOWER SERVICES

SEC. 10. For the purpose of providing training and manpower services for persons employed in public service employment programs assisted under this Act, the Secretary is authorized to utilize, in addition to any funds otherwise available under federally supported manpower programs, not to exceed 15 per centum of the amounts appropriated under section 5. SPECIAL RESPONSIBILITIES OF THE SECRETARY Employee s t a t u s, periodic reviews.

Programs, continuing evaluation.

SEC. 11. (a) The Secretary shall establish procedures for periodic reviews by an appropriate agency of the status of each person employed in a public service job under this Act to assure that— (1) in the event that any person employed in a public service job under this Act and the reviewing agency finds that such job will not provide sufficient prospects for advancement or suitable continued employment, maximum efforts shall be made to locate employment or training opportunities providing such prospects, and such person shall be offered appropriate assistance in securing placement in the opportunity which he chooses after appropriate counseling; and (2) as the rate of unemployment approaches the objective of section 5(b)(1) or financial assistance will otherwise no longer be available under this Act, maximum efforts shall be made to locate employment or training opportunities not supported under this Act for each person employed in a public service job under this Act, and such person shall be offered appropriate assistance in securing placement in the opportunity which he chooses after appropriate counseling. (b) The Secretary shall review the implementation of the procedures established under subsection (a) of this section six months after funds are first obligated under this Act and at six-month intervals thereafter. (c) From funds appropriated pursuant to section 5, the Secretary may reserve such amount, not to exceed 1 per centum, as he deems necessary to provide for a continuing evaluation of programs assisted under this Act and their impact on related programs.

�


text:
Page:United States Statutes at Large Volume 85.djvu/183

 85 STAT. ]

PUBLIC LAW 92-54-JULY 12, 1971

153

SPECIAL PROVISIONS

SEC. 12. (a) The Secretary shall not provide financial assistance for any program or activity under this Act unless he determines, in accordance with such regulations as he shall prescribe, that— (1) the program (A) will result in an increase in employment opportunities over those which would otherwise be available, (B) will not result in the displacement of currently employed workers (including partial displacement such as a reduction in the hours of nonovertime work or wages or employment benefits), (C) will not impair existing contracts for services or result in the substitution of Federal for other funds in connection with work that would otherwise be performed, and (D) will not substitute public service jobs for existing federally assisted jobs; (2) persons employed in public service jobs under this Act shall be paid wages which shall not be lower than whichever is the highest of (A) the minimum wage which would be applicable to the employee under the Fair Labor Standards Act of 1938, if section 6(a)(1) of such Act applied to the participant and if he were not exempt under section 13 thereof, (B) the State or local minimum wage for the most nearly comparable covered employment, or (C) the prevailing rates of pay for persons employed in similar public occupations by the same employer; (3) funds under this Act will not be used to pay persons employed in public service jobs under this Act at a rate in excess of $12^000 per year; (4) all persons employed in public service jobs under this Act will be assured of workmen's compensation, health insurance, unemployment insurance, and other benefits at the same levels and to the same extent as other employees of the employer and to working conditions and promotional opportunities neither more nor less favorable than such other employees enjoy; (5) the provisions of section 2(a)(3) of Public Law 89-286 (relating to health and safety conditions) shall apply to such program or activity; (6) the program will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual participants; (7) no funds under this Act will be used for the acquisition of, or for the rental or leasing of supplies, equipment, materials, or real property; and (8) every participant shall be advised, prior to entering upon employment, of his rights and benefits in connection with such employment. (b) Consistent with the provisions of this Act, the Secretary shall make financial assistance under this Act available in such a manner that, to the extent practicable, public service employment opportunities will be available on an equitable basis in accordance with the purposes of this Act among significant segments of the population of unemployed persons, giving consideration to the relative numbers of unemployed persons in each such segment, (c) Where a labor organization represents employees who are engaged in similar work in the same area to that proposed to be performed under any program for which an application is being developed for submission under this Act, such organization shall be notified and afforded a reasonable period of time in which to make comments to the applicant and to the Secretary.

^2 stau ^loeo. so Stat. sas'. 29 USC 206. 29 usVaia.*

l^^ f^^^'^^^'^' 41 USC 351.

�


text:
Page:United States Statutes at Large Volume 85.djvu/184

 154 Regulations.

Reports,

Discrimination prohibition.

Political activit i e s, prohibition.

80 Stat, 4 0 3. 5 USC 1501.

PUBLIC LAW 92-54-JULY 12, 1971

[85 STAT.

(d) The Secretary shall prescribe regulations to assure that programs under this Act have adequate internal administrative controls, accounting requirements, personnel standards, evaluation procedures, and other policies as may be necessary to promote the effective use of funds. (e) The Secretary may make such grants, contracts, or agreements, establish such procedures, policies, rules, and regulations, and make such payments, in installments and in advance or by way of reimbursement, or otherwise allocate or expend funds made available under this Act, as he may deem necessary to carry out the provisions of this Act, including necessary adjustments in payments on account of overpayments or underpayments. The Secretary may also withhold funds otherwise payable under this Act in order to recover any amounts expended in the current or immediately prior fiscal year in violation of any provision of this Act or any term or condition of assistance under this Act. (f) The Secretary shall not provide financial assistance for any program under this Act unless he determines, in accordance with regulations which he shall prescribe, that periodic reports will be submitted to him containing data designed to enable the Secretary and the Congress to measure the relative and, where programs can be compared appropriately, comparative effectiveness of the programs authorized under this Act and other federally supported manpower programs. Such data shall include information on— (1) characteristics of participants including age, sex, race, health, education level, and previous wage and employment experience; (2) duration in employment situations, including information on the duration of employment of program participants for at least a year following the termination of participation in federally assisted programs and comparable information on other employees or trainees of participating employers; and (3) total dollar cost per participant, including breakdown between wages, training, and supportive services, all fringe benefits, and administrative costs. The Secretary shall compile such information on a State, regional, and national basis, and shall include such information in the report required by section 13 of this Act. (g) The Secretary shall not provide financial assistance for any program under this Act unless the grant, contract, or agreement with respect thereto specifically provides that no person with responsibilities in the operation of such program will discriminate with respect to any program participant or any applicant for participation in such program because of race, creed, color, national origin, sex, political affiliation, or belief s. (h) The Secretary shall not provide financial assistance for any program under this Act which involves political activities; and neither the program, the funds provided therefor, nor personnel employed in the administration thereof, shall be, in any way or to any extent, engaged in the conduct of political activities in contravention of chapter 15 of title 5, United States Code. (i) The Secretary shall not provide financial assistance for any program under this Act unless he determines that participants in the program will not be employed on the construction, operation, or maintenance of so much of any facility as is used or to be used for sectarian instruction or as a place for religious worship.

�


text:
Page:United States Statutes at Large Volume 85.djvu/185

 85 STAT. ]

PUBLIC LAW 92-54-JULY 12, 1971

155

SPECIAL. REPORT

SEC. 13. The Secretary shall transmit to the Congress at least annu- Report to ally a detailed report setting forth the activities conducted under this '^°"^'"^^^' Act, including information derived from evaluations required by sections 11(c) and 12(f) of this Act and information on the extent to which (1) participants in such activities subsequently secure and retain public or private employment or participate in training or employability development programs, (2) segments of the population of unemployed persons are provided public service opportunities in accordance with the purposes of this Act. DEFINITIONS

SEC. 14. (a) As used in this Act, the term— (1) "Secretary" means the Secretary of Labor. (2) "State" includes the District of Columbia, the Commonwealth of Puerto Eico, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands. (3) "public service" includes, but is not limited to, work in such fields as environmental quality, health care, education, public safety, crime prevention and control, prison rehabilitation, transportation, recreation, maintenance of parks, streets, and other public facilities, solid waste removal, pollution control, housing and neighborhood improvements, rural development, conservation, beautification, and other fields of human betterment and community improvement. (4) "health care" includes, but is not limited to, preventive and clinical medical treatment, voluntary family planning services, nutrition services, and appropriate psychiatric, psychological, and prosthetic services. (5) "unemployed persons" means— (A) persons who are without jobs and who want and are available for work; and (B) adults who or whose families receive money payments pursuant to a State plan approved under title I, IV, X, or X VI of the Social Security Act (1) who are determined by eoi^ uo^/fssi. the Secretary of Labor, in consultation with the Secretary of Health, Education, and Welfare, to be available for work, and (2) who are either (i) persons without jobs, or (ii) persons working in jobs providing insufficient income to enable such persons and their families to be self-supporting without welfare assistance; and the determination of whether persons are without jobs shall be made in accordance with the criteria used by the Bureau of Labor Statistics of the Department of Labor in defining persons as unemployed; (6) "underemployed persons" means— (A) persons who are working part-time but seeking fulltime work; (B) persons who are working full-time but receiving wages below the poverty level determined in accordance with criteria as established by the Director of the Office of Management and Budget. (b) As used in section 12(c) of this Act, the term "area" means— (1) where the applicant is an eligible unit of government or an Indian tribe, that geographical area over which the applicant exercises general political jurisdiction, or

�


text:
Page:United States Statutes at Large Volume 85.djvu/186

 156

PUBLIC LAW 92-55-JULY 20, 1971

[85 STAT.

(2) where the applicant is a public agency or institution which is a subdivision of an eligible unit of government, that geographical area over which such unit of government exercises general political jurisdiction. EFFECTIVE DATE

SEC. 15. This Act shall be etl'ective upon enactment and the determinations to be made under sections 5(b) and 6(c)(1) shall take into account the rate of unemployment for a period of three consecutive months even though all or part of such period may have occurred prior to the enactment of this Act. Approved July 12, 1971.

Public Law 92-55 July 20, 1971

[s. J. Res. 101]

JOINT RESOLUTION To authorize and request the President to issue a proclamation designating .July 20, 1971, as -National Moon Walk Day".

Renolved by the Senate and House of Represeritatives of the United ^^iwDay! "^""^ States of America in Congress assembled, That, in recognition of the Designation mauy achievemeuts of the national space program and in commemorauthorization. tion of the anniversary of the first moon walk on July 20, 1969, the President is autliprized and requested to issue a proclamation designating July 20, 1971, as "National Moon Walk Day", and calling upon the people of the United States and interested groups and organizations to observe that day with appropriate ceremonies and activities. Approved July 20, 1971.

Public Law 92-56 July 29.1971 JOINT RESOLUTION [H. J. Res. 169] Authorizing the acceptance, by the Joint Committee on the Library on behalf of the Congress, from the United States Capitol Historical Society, of preliminary design sketches and funds for murals in the east corridor, first floor, in the House wing of the Capitol, and for other purposes. Resolved by the Senate and House of Representatives of the United U.S. Capitol, States of America in Congress ossemMed, That, notwithstanding any '"Sketches and other provlsiou of law, the Joint Committee on the Library is hereby funds, acceptance, authorized to acccpt ou behalf of the Congress, as a gift from the United States Capitol Histx^rical Society, preliminary design sketches prepared by Allyn Cox, artist of New York City, intended as a basic design for murals proposed to be painted on the ceiling and walls of the east corridor, first floor, in the House wing of the United States Capitol. SEC. 2. Notwithstanding any other provision of law, the Architect of the Capitol is authorized— (1) to accept in the name of the United States from the United States Capitol Historical Society the sum of $80,000, and such other sums as such society may tender, and such sum or sums, when so received, shall be credited to the appropriation account "Capitol Buildings, Architect of the Capitol"; and (2) subject to section 3 of this joint resolution, to expend such sum or sums for employment, by contract of Allyn Cox, artist of New York City, for the execution by him of mural decorations

�


text:
Page:United States Statutes at Large Volume 85.djvu/187

 85 STAT. ]

PUBLIC LAW 92-58-JULY 29, 1971

157

on the ceiling and walls of the east corridor, first floor, in the House wing of the United States Capitol, in substantial accordance with the preliminary design sketches referred to in the first section of this joint resolution, after the acceptance by the Joint Committee on the Library, and for all necessary items in connection therewith, subject to such modifications thereof as may be approved by such joint committee. Contract SEC. 3. The Architect of the Capitol, under the direction of the authority. Speaker of the House of Representatives, is authorized to enter into contracts and to incur such other obligations and make such expenditures, as may be necessary to carry out the purposes of this joint resolution. SEC. 4. Sums received under this joint resolution, when credited to the appropriation account "Capitol Buildings, Architect of the Capitol", shall be available for expenditure and shall remain available Unexpended until expended. Any net monetary amounts remaining after the com- funds, return to ^ pletion of the project authorized by this joint resolution and in excess uTs/capiroi of the cost of such project shall be returned to the United States Historical society. Capitol Historical Society. Approved July 29, 1971.

Public Law 92-57 JOINT RESOLUTION Extending for two years the existing authority for the erection in the District of Columbia of a memorial to Mary McLeod Bethune.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That, effective June 1, 1971, the last sentence of the joint resolution entitled "Joint resolution authorizing the erection in the District of Columbia of a memorial to Mary Mcj&od Bethune", approved June 1, 1960, as amended (74 Stat. 154, 79 Stat. 822, 84 Stat. 303), is amended by striking out "within eleven years" and inserting in lieu thereof "within thirteen years". Approved July 29, 1971.

July 29, 1971 [S, J. R e s. I l l ]

Mary McLeod Bethune Memorial,

Public Law 92-58 AN ACT To amend title 10, United States Code, to provide special health care benefits for certain surviving dependents.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1079 of title 10, United States Code, is amended by adding the following new subsection at the end thereof: " (g) When a member dies while he is eligible for receipt of hostile fire pay under section 310 of title 37, United States Code, or from a disease or injury incurred while eligible for such pay, his dependents who are receiving benefits under a plan covered by subsection (d) of this section shall continue to be eligible for such benefits until they pass their twenty-first birthday." SEC. 2. This Act becomes effective as of January 1, 1967. However, no person is entitled to any benefits because of this Act for any period before the date of enactment. Approved July 29, 1971.

July 29, 1971 [S. 421]

Uniformed Services. Dependents, medical b e n e f i t s. 80 Stat. 8 6 3. 77 Stat. 216; 79 Stat. 547.

Effective date.

�


text:
Page:United States Statutes at Large Volume 85.djvu/188

 158

PUBLIC LAW 92-59-JULY 29, 1971

[85 STAT.

Public Law 92-59 July 29, 1971 [H. R. 607 2]

Indians, Pembina Band of Chippewa, Judgment funds, disposition.

Descendancy roll.

25 USC 594. Enrollment applications, eligibility.

Apportionment.

AN ACT To provide for the disposition of funds appropriated to pay a judgment in favor of the Pembina Band of Chippevpa Indians in Indian Claims Commission dockets numbered 18-A, 113, and 191, and for other purposes.

Be it enacted ~by the Senate and Houm of Representatives of the United States of America in Congress assembled, That the funds appropriated by the Act of June 9, 1964 (78 Stat. 204, 213), to pay a judgment to the Pembina Band of Chippewa Indians in Indian Claims Commission dockets numbered 18-A, 113, and 191, together with the interest thereon, after payment of attorney fees and litigation expenses, and such expenses as may be necessary in carrying ou.t the provisions of this Act, shall be distributed as provided herein. SEC. 2. The Secretary of the Interior shall prepare a roll of all persons born on or prior to and living on the date of this Act who are lineal descendants of members of the Pembina Band as it was constituted in 1863, except that persons in the following categories shall not be so enrolled: a. those who are not citizens of the United States; b. those who are members of the Red Lake Band of Chippewa Indians; and c. those who participated in the Mississippi, Pillager, and Lake Winnibigoshish Chippewa Band awards under the provisions of the Act of September 27, 1967 (81 Stat. 230). SEC. 3. Applications for enrollment shall be filed with the Area Director, Bureau of Indian Affairs, Aberdeen, South Dakota, in the manner and within the time limits prescribed for that purpose. The determination of the Secretary of the Interior regarding the utilization of available rolls and records and the eligibility for enrollment of an applicant shall be final. SEC. 4. I n developing the roll of Pembina descendants, the Secretary of the Interior shall determine which enrollees are members of the Minnesota Chippewa Tribe, the Turtle Mountain Band of Chippewas of North Dakota, or the Chippewa-Cree Tribe of Montana, and subsequent to the establishment of the descendancy roll shall apportion funds to the three cited tribes on the basis of the numbers of descendants having membership with these tribes. Funds not apportioned in this manner shall be distributed in equal shares to those enrolled descendants who are not members of the three cited tribes. SEC. 5. The funds apportioned to the Minnesota Chippewa Tribe, the Turtle Mountain Band, and the Chippewa-Cree Tribe may be advanced, expended, invested, or reinvested for any purpose authorized by the respective tribal governing bodies and approved by the Secretary of the Interior: Provided, That the governing body of the Minnesota Chippewa Tribe shall act in concert with the General Council of the Pembina Band of Chippewa Indians of the White Earth Reservation for the purpose of making recommendations to the Secretary; And provided further. That the Pembina descendants within the Turtle Mountain Band shall be authorized to establish pursuant to regulations set by the Secretary the Pembina Descendants Committee and that the tribal governing body shall be required to work in concert with such committee for the purpose of making recommendations to the Secretary and only those members of the three cited tribes who are enrolled as Pembina descendants under the provisions of this Act shall be permitted to share in any per capita distribution of the funds accruing to the tribes.

�


text:
Page:United States Statutes at Large Volume 85.djvu/189

 85 STAT. ]

PUBLIC LAW 92-60-JULY 29, 1971

SEC. 6. N'one of the funds distributed per capita under the provisions of this Act shall be subject to Federal or State income taxes. SEC. 7. Sums payable to adult living enrollees or to adult heirs or legatees of deceased enrollees shall be paid directly to such persons. Sums payable to enrollees or their heirs or legatees who are less than twenty-one years of age or who are under legal disability shall be paid in accordance with such procedures, including the establishment of trusts, as the Secretary of the Interior determines appropriate to protect the best interests of such persons. SEC. 8. The Secretary of the Interior is authorized to prescribe rules and regulations to effect the provisions of this Act, including the establishment of deadlines. Approved July 29, 1971.

159 Tax exemption. Payment.

Rules and regulations.

Public Law 92-60 AN ACT

To expand and extend the desalting program being conducted by the Secretary of the Interior, and for other purposes.

July 29, 1971 [s. 991]

Be it enacted by the Senate and House of Representatives of the The Saline United States of America in Congress assembled, That this Act may Water Conversion be cited as "The Saline Water Conversion Act of 1971". Act of 1971. SEC. 2. The Congress in consideration of the Federal responsibility for water resource conservation by means of comprehensive planning, planning and construction of water resource development projects, administration of the navigable waterways, and maintenance of water quality standards finds that the technology for the conversion of saline and other chemically contaminated waters is vital to all these areas of responsibility. I t is the policy of the Congress, therefore, to provide for the development and demonstration of practicable means to convert saline and other chemically contaminated water to a quality suitable for municipal, industrial, agricultural, and other beneficial uses. SEC. 3. The Secretary of the Interior is authorized and directed to— s t Research udies. (a) conduct, encourage, and promote basic scientific research and fundamental studies to deveLop effective and economical processes and equipment for the purpose of converting saline and other chemically contaminated water into water suitable for beneficial consumptive uses; (b) pursue the findings of research and studies authorized by this Act having potential practical applications to matters other than water treatment to the stage that such findings can be published in an effective form for utilization by others; (c) conduct engineering and technical work including the design, construction, and testing of pilot plants, test beds, and modules to develop desalting processes and plant design concepts to the point of demonstration on a practical scale; (d) study methods for the recovery and marketing of byproducts resulting from the desalination of water to offset the costs of treatment and to reduce impact on the environment from the discharge of brines into lakes, streams, and other waters; and (e) undertake economic studies and surveys to determine present and prospective costs of producing water for beneficial consumptive purposes in various parts of the United States by the

�


text:
Page:United States Statutes at Large Volume 85.djvu/190

 160

Coordination.

42 USC 1962 note. Prototype plants, preliminary investigations.

Report to Congress.

Federal agencies, assistance.

State or other agency, assistance.

Administrative provisions.

PUBLIC LAW 92-60-JULY 29, 1971

[85 STAT.

saline water processes as compared with other standard methods, and by means of mathematical models or other methodologies prepare and maintain information concerning the relation of desalting to other aspects of State, regional, and national comprehensive water resource planning: Provided,, That in carrying out this function, the Secretary shall coordinate these studies with planning being performed under the provisions of the Water Resources Planning Act (79 Stat. 244), as amended. SEC. 4. (a) The Secretary is authorized and directed to conduct preliminary investigations and to explore potential cooperative agreements with non-Federal utilities and governmental entities in order to develop recommendations for Federal participation in the construction, operation, and maintenance of prototype plants utilizing desalting technologies for the production of water for consumptive use. (b) The Secretary is authorized and directed to report to the President and to the Congress, not later than one year after the date this subsection becomes effective, his recommendation as to the best opportunity for the early construction of a large-scale prototype desalting plant. I n making his recommendation, the Secretary shall consider the following— (i) plant size and process type best suited, within the presently available technology, to demonstrate the practicability of construction and operation of a large-scale plant for water supply on a reliable basis, and to provide information on the management problems and econoijaics of such operation; (ii) availability of cooperating entities or utilities willing to enter, and capable of entering, into agreements and contracts to provide a market for water and an operating agency for the plants; (iii) availability of entities or utilities willing to enter, and capable of entering, into agreements and contracts to provide an energy source for the plants; (iv) availability of a site, the environmental implications of the energy source, and brine disposal problems; and (v) need for the development of new water sources in the area. (c) I n carrying out the provisions of this section, the Secretary shall utilize the expertise of the water and power marketing agencies of the Department of the Interior or of other Federal agencies to insure that the recommended prototype plant and the supporting agreements are fully integrated and compatible with the water and power systems of the region, (d) The Secretary is authorized to accept financial and other assistance from any State or public agency in connection with studies or surveys relating to saline water conversion problems and facilities and to enter into contracts with respect to such assistance. SEC. 5, I n carrying out his functions under this Act, the Secretary may— (a) make grants to educational institutions and scientific organizations, and enter into contracts with such institutions and organizations and with industrial or engineering firms; (b) acquire the services of chemists, physicists, engineers, and other personnel by contract or otherwise; (c) utilize the facilities of Federal scientific laboratories; (d) establish and operate necessary facilities and test sites to carry on the continuous research, testing, development, and pro-

�


text:
Page:United States Statutes at Large Volume 85.djvu/191

 85 STAT. ]

PUBLIC LAW 92-60-JULY 29, 1971

graming necessary to effectuate the purposes of this Act; (e) acquire secret processes, technical data, inventions, patent applications, patents, licenses, land and interests in land (including water rights), plants and facilities, and other property or rights by purchase, license, lease, or donation; (f) assemble and maintain pertinent and current scientiJfic literature, both domestic and foreign, and issue bibliographical data with respect thereto; (g) cause on-site inspections to be made of promising projects, domestic and foreign, and, in the case of projects located in the United States, cooperate and participate in their development when the purposes of this Act will be served thereby; (h) foster and participate in regional, national, and international conferences relating to saline water conversion; (i) coordinate, correlate, and publish information with a view to advancing the development of low-cost saline water conversion projects; and (j) cooperate with other Federal departments and agencies, with State and local departments, agencies and instrumentalities, and with interested persons, firms, institutions, and organizations. SEC. 6. (a) Research and development activities undertaken by the Secretary shall be coordinated or conducted jointly with the Department of Defense to the end that developments under this Act which are primarily of a civil nature will contribute to the defense of the Nation and that developments which are primarily of a military nature will, to the greatest practicable extent compatible with military and security requirements, be available to advance the purposes of this Act and to strengthen the civil economy of the Nation. (b) The Secretary will cooperate with the Administrator of the Environmental Protection Agency to insure that research and development work performed under this Act makes the fullest possible contribution to the improvement of processes and techniques for the treatment of saline and other chemically contaminated waters and to avoid the duplication of the experience, expertise, and data regarding desalting technologies which have been acquired in the performance of the Saline Water Conversion Act. (c) The Secretary shall cooperate fully with the Atomic Energy Commission, the Department of Health, Education, and Welfare, the Department of State, and other concerned agencies in the interest of achieving the objectives of this Act. (d) All research within the United States contracted for, sponsored, cosponsored, or authorized under authorit}^ of this Act, shall be provided for in such manner that all information, uses, products, processes, patents, and other developments resulting from such research developed by Government expenditure will (with such exceptions and limitations, if any, as the Secretary may find to be necessary in the interest of national defense) be available to the general public. This subsection shall not be so construed as to deprive the owner of any background patent relating thereto of such rights as he may have thereunder. Within six months of the date of this Act, the Secretary shall publish rules in the Federal Register to give effect to the provisions of this subsection and shall subsequently publish all revisions in the same manner. (e) The Secretary may dispose of water and byproducts resulting from his operations under this Act. All moneys received from dispositions under this section shall be paid into the Treasury as miscellaneous receipts except where such operations may be undertaken as a part of a Federal reclamation project in which case the financial

161

Research and coord°n^ro"n'with Defense oepart'"^"'"

pro^J^t^"*"^"*^^ cooperation. ^^"''^'

^^c, HEW, etc, '=°°p^'"^t^°"" . Public informarights!^*^"'

Publication in ^ ^"^^^ Register. r^ducts^dil ^o' '' "'^ ^ i^posa.

�


text:
Page:United States Statutes at Large Volume 85.djvu/192

 162 43 USC 391 note. Rules and regulations. Report to P r e s i d e n t and Congress.

Definitions.

Appropriations.

PUBLIC LAW 92-60-JULY 29, 1971

[85 STAT.

provisions of Reclamation Law (32 Stat. 388 and Acts amendatory thereof and supplementary thereto) will govern. (f) Nothing in this Act shall be construed to alter existing law with respect to the ownership and control of water. SEC. 7. The Secretary of the Interior may issue rules and regulations to effectuate the purposes of this Act. SEC. 8. The Secretary shall submit to the President and to the Congress not later than December 31, 1975, a report on— (i) the status of research and development work in progress under the provisions of section 3, subsections (a), (b), (c), and (d), along with a program for the orderly termination of these activities in accordance with subsection 10(b) of this Act; and (ii) the status of work in progress under the provisions of subsection 3(e) and section 4 along with recommendations for the integration of these remaining functions within the on-going water resource programs of the Department of the Interior. SEC. 9. As used in this Act— (a) the term "Secretary" means the Secretary of the Interior; (b) the term "saline water" includes sea water, brackish water, mineralized ground or surface water, and irrigation return flows; (c) the term "other chemically contaminated water" refers to waters which contain chemicals susceptible to removal by desalting processes; (d) the term "United States" extends to and includes the District of Columbia, the Commonwealth of Puerto Rico, territories of American Samoa, Guam, and the Virgin Islands; and the provisions of this Act shall also apply to the Trust Territory of the Pacific Islands; (e) the term "pilot plant" means an experimental unit of small size, usually less than one hundred thousand gallons per day capacity, used for early evaluation and development of new or improved processes and to obtain technical and engineering data; (f) the term "test bed" means an intermediate-sized, experimental desalting plant of up to two million gallons per day capacity used for further evaluation and refinement of processes in the field and designed to facilitate the incorporation of experimental features for performance testing and to permit process changes and improvements as required; (g) the term "module" means a section or integral portion of a desalting plant which is used initially to study large-scale technology and critical design features in preparation for subsequent prototype construction; (h) the term "prototype" means a full-size, first-of-a-kind production plant used for the development, study, and demonstration of full-sized technology, plant operation, and process economics. SEC. 10. (a) There is authorized to be appropriated to carry out the provisions of this Act during fiscal year 1972, the sum of $27,025,000, to remain available until expended, as follows: (1) Research expense, not more than $5,475,000; (2) Development expense, not more than $10,200,000; (3) Design, construction, acquisition, modification, operation, and maintenance of saline water conversion test beds and test facilities, not more than $7,385,000; (4) Design, construction, acquisition, modification, operation, and maintenance of saline water conversion modules, not more than $1,425,000; and

�


text:
Page:United States Statutes at Large Volume 85.djvu/193

 85 STAT. ]

PUBLIC LAW 92-62-AUG. 3, 1971

163

(5) Administration and coordination, not more than $2,540,000. Expenditures and obligations under paragraphs (1), (2), (3), and (4) of this subsection may be increased by not more than 10 per centum, and expenditures and obligations under paragraph (5) may be increased by not more than 2 per centum, if any such increase under any paragraph is accompanied by an equal decrease in expenditures and obligations under one or more of the other paragraphs. (b) There are authorized to be appropriated such sums, to remain available until expended, as may be specified in annual appropriation authorization Acts to carry out the provisions of this Act during the fiscal years 1973 to 1977, inclusive, and to finance, for not more than three years beyond the end of said period, such grants, contracts, cooperative agreements, and studies as may theretofore have been undertaken pursuant to this Act and such activities as are required to correlate, coordinate, and round out the results of studies and research undertaken pursuant to this Act. (c) Not more than 2 per centum of the funds to be made available search^fundV in any fiscal year for research under the authority of this Act may be expended, subject to the approval of the Secretary of State to assure that such activities are consistent with the foreign policy objectives of the United States, in cooperation with public or private agencies in foreign countries for research useful to the program in the United States. SEC. 11. The Act of July 3, 1952 (66 Stat. 328), as amended, is fl%\l[[ ^^s repealed. 42usVi95i Approved July 29, 1971. "°*^-

Public Law 92-61 JOINT RESOLUTION juiy3 0.i97i Designating the week of August 1, 1971, as "American Trial Lawyers Week", [H. J. Res. 7i4] Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That iho, week commencing Lawer's" weJk!^^ August 1, 1971, be designated as American Trial Lawyers Week, a Designation' week to honor the American Trial Lawyers Association on the occa- authorization. sion of its twenty-fifth anniversary, and to renew the commitment of each American to support the efforts of the American Trial Lawyers Association in enhancing the administration of justice for the public good, and to this end, we request the President of the United States to direct the appropriate Government officials to display the flag of the United States on all public buildings on August 2, 1971. Approved July 30, 1971.

Public Law 92-62 AN ACT

To amend the peanut marketing quota provisions of the Agricniltural Adjustment

August 3, 1971 [H. R. 6217]

Act of 1938.

Be it enacted by the Senate and House of Representatives of the United States of America m Congress assembled, That section 358(c) (1) of the Agricultural Adjustment Act of 1938, as amended, is amended by striking out in the last sentence thereof the language ", less the acreage to be allotted to new farms under subsection (f) of this section,". 75-432 O - 72 - 13

Peanuts. Marketing quotai

eTsVatV^^ ^ "^^ ^^^^'

�


text:
Page:United States Statutes at Large Volume 85.djvu/194

 164 Acreage allotment. 55 Stat. 88; 65 Stat. 30. 7 USC 1358.

PUBLIC LAW 92-63-AUG. 4, 1971

[85 STAT.

SEC. 2. Section 358(d) of the Agricultural Adjustment Act of 1938, as amended, is amended by changing the first sentence thereof to read as follows: "The Secretary shall provide for the apportionment of the State acreage allotment for any State^ less the acreage to be allotted to new farms under subsection (f) of this section, through local committees among farms on which peanuts were grown in any of the three years immediately preceding the year for which such allotment is determined." SEC. 3. Section 358(f) of the Agricultural Adjustment Act of 1938, as amended, is amended to read as follows: "Not more than 1 per centum of the State acreage allotment shall be apportioned among farms in the State on which peanuts are to be produced during the calendar year for which the allotment is made but on which peanuts were not produced during any one of the past three years, on the basis of the following: Past peanut-producing experience by the producers; land, labor, and equipment available for the production of peanuts; crop-rotation practices; and soil and other physical factors affecting the production of peanuts." Approved August 3, 1971.

Public Law 92-63 August 4, 1971 [S. 699]

V e s s e l Bridgeto-Bridge Radiotelephone Act.

Definitions,

AN ACT

To require a radiotelephone on certain vessels while navigating upon specified waters of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Vessel Bridge-to-Bridge Radiotelephone Act". SEC. 2. I t is the purpose of this Act to provide a positive means whereby the operators of approaching vessels can communicate their intentions to one another through voice radio, located convenient to the operator's navigation station. To effectively accomplish this, there is need for a specific frequency or frequencies dedicated to the exchange of navigational information, on navigable waters of the United States. SEC. 3. For the purpose of this Act— (1) "Secretary" means the Secretary of the Department in which the Coast Guard is operating; (2) "power-driven vessel" means any vessel propelled by machinery; and (3) "towing vessel" means any commercial vessel engaged in towing another vessel astern, alongside, or by pushing ahead. SEC. 4. (a) Except as provided in section 7 of this Act— (1) every power-driven vessel of three hundred gross tons and upward while navigating; (2) every vessel of one hundred gross tons and upward carrying one or more passengers for hire while navigating; (3) every towing vessel of twenty-six feet or over in length while navigating; and (4) every dredge and floating plant engaged in or near a channel or fairway in operations likely to restrict or affect navigation of other vessels— shall have a radiotelephone capable of operation from its navigational bridge or, in the case of a dredge, from its main control station and capable of transmitting and receiving on the frequency or frequencies within the 156-162 Mega-Hertz band using the classes of emissions

�


text:
Page:United States Statutes at Large Volume 85.djvu/195

 85 STAT. ]

165

PUBLIC LAW 92-63-AUG. 4, 1971

designated by the Federal Communications Commission, after consultation with other cognizant agencies, for the exchange of navigational information. (b) The radiotelephone required by subsection (a) shall be carried on board the described vessels, dredges, and floating plants upon the navigable waters of the United States inside the lines established pursuant to section 2 of the Act of February 19, 1895 (28 Stat. 672), as amended. SEC. 5. The radiotelephone required by this Act is for the exclusive use of the master or person in charge of the vessel, or the person designated by the master or person in charge to pilot or direct the movement of the vessel, who shall maintain a listening watch on the designated frequency. Nothing contained herein shall be interpreted as precluding the use of portable radiotelephone equipment to satisfy the requirements of this Act. SEC. 6. Whenever radiotelephone capability is required by this Act, a vessel's radiotelephone equipment shall be maintained in effective operating condition. If the radiotelephone equipment carried aboard a vessel ceases to operate, the master shall exercise due diligence to restore it or cause it to be restored to effective operating condition at the earliest practicable time. The failure of a vessel's radiotelephone equipment shall not, in itself, constitute a violation of this Act, nor shall it obligate the master of any vessel to moor or anchor his vessel; however, the loss of radiotelephone capability shall be given consideration in the navigation of the vessel. SEC. 7. The Secretary may, if he considers that marine navigational safety will not be adversely affected or where a local communication system fully complies with the intent of this concept but does not conform in detail, issue exemptions from any provisions of this Act, on such terms and conditions as he considers appropriate. SEC. 8. (a) The Federal Communications Commission shall, after consultation with other cognizant agencies, prescribe regulations necessary to specify operating and technical conditions and characteristics including frequencies, emission, and power of radiotelephone equipment required under this Act. (b) The Secretary shall, subject to the concurrence of the Federal Communications Commission, prescribe regulations for the enforcement of this Act. SEC. 9. (a) Whoever, being the master or person in charge of a vessel subject to this Act, fails t-o enforce or comply with this Act or the regulation, hereunder; or Whoever, being designated by the master or person in charge of a vessel subject to this Act to pilot or direct the movement of the vessel, fails to enforce or comply with this Act or the regulations hereunder— Is liable to a civil penalty of not more than $500 to be asses.^ed by the Secretary. (b) Every vessel navigating in violation of this Act or the regulations hereunder is liable to a civil penalty of not more than $500 to be assessed by the Secretary for which the vessel may be proceeded against in any district court of the United States having jurisdiction. (c) Any penalty assessed under this section may be remitted or mitigated by the Secretary upon such terms as he may deem proper. SEC. 10. This Act shall become effective May 1, 1971, or six months after the promulgation of regulations which would implement its provisions, whichever is later. Approved August 4, 1971.

33 USC 151. Use, restriction.

Equipment, maintenance.

Exemptions.

Regulations.

Penalty.

Effective date.

�


text:
Page:United States Statutes at Large Volume 85.djvu/196

 166

PUBLIC LAW 92-64-AUG. 4, 1971

[85 STAT.

Public Law 92-64 August 4, 1971 [H. R. 7271]

Civil Rights Commission. Appropriation. 84 Stat. 1356.

AN ACT To authorize appropriations for the Commission on Civil Rights.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 106 of the Civil Rights Act of 1957 (71 Stat. 636; 42 U.S.G. 1975e) as amended, is further amended to read as follows: "For the purposes of carrying out this Act, there is hereby authorized to be appropriated for the fiscal year ending June 30, 1972, the sum of $4,000,000, and for each fiscal year thereafter until January 31, 1973, the sum of $4,000,000." Approved August 4, 1971.

Public Law 92-65 August 5, 1971 [S.2317]

Public works; Appalachian regional development. Program extension. Citation of title. Grants. 79 Stat. 552.

Post,

p. 167.

83 Stat. 219.

Appropriation. 79 Stat. 554; 84 Stat. 375.

AN ACT To extend the Public Works and Economic Development Act of 1965 and the Appalachian Regional Development Act of 1965.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I — THE P U B L I C W O R K S A N D ECONOMIC DEVELOPMENT ACT O F 1965 SEC. 101. This title may be cited as the "Public Works and Economic Development Act Amendments of 1971". SEC. 102. (a) Paragraph (1) of subsection (a) of section 101 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3131) is amended by striking out "and" at the end of subparagraph (B), by striking out the colon at the end of subparagraph (C) and inserting in lieu thereof the following: "; and", and by adding at the end thereof the following: " (D) in the case of a redevelopment area so designated under section 401(a)(6), the project to be undertaken wdll provide immediate useful work to unemployed and underemployed persons in that area.", (b) Subsection (c) of section 101 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3131) is amended by inserting immediately following the first sentence thereof the following: " I n the case of any State or political subdivision thereof which the Secretary determines has exhausted its effective taxing and borrowing capacity, the Secretary may reduce the non-Federal share below such per centum or may waive the non-Federal share in the case of such a grant for a project in a redevelopment area designated as such under section 401(a)(6) of this Act.". SEC. 103. Section 105 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3135) is amended by striking out the period at the end thereof and inserting in lieu thereof a comma and the following: "and not to exceed $800,000,000 per fiscal year for the fiscal years ending June 30, 1972, and June 30, 1973. Any amounts authorized for the fiscal year ending June 30, 1972, under this section but not appropriated may be appropriated for the fiscal year ending June 30, 1973. Not less than 25 per centum nor more than 35 per centum of all appropriations made for the fiscal years ending June 30, 1972, and June 30, 1973, under authority of the preceding sentences

�


text:
Page:United States Statutes at Large Volume 85.djvu/197

 85 STAT. ]

PUBLIC LAW 92-65-AUG. 5, 1971

shall be expended in redevelopment areas designated as such under section 401(a)(6) of this Act." SEC. 104. Subsection (c) of section 201 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3141) is amended by striking out "June 30, 1971" and inserting in lieu thereof "June 30, 1973". SEC. 105. Section 302 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3152) is amended by striking out "and June 30, 1971" and inserting in lieu thereof "June 30, 1971, June 30, 1972, and June 30, 1973". SEC. 106. Section 401 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3161) is amended as follows: (1) Paragraph (2) of subsection (a) is amended by striking out "40 per centum" and inserting in lieu thereof "50 per centum". (2) Paragraph (6) of subsection (a) is amended to read as follows: "(6) those communities or neighborhoods (defined without regard to political or other subdivisions or boundaries) which the Secretary determines have one of the following conditions: " (A) a large concentration of low-income persons; " (B) rural areas having substantial outmigration; " (C) substantial unemployment; or " (D) an actual or threatened abrupt rise of unemployment due to the closing or curtailment of a major source of employment. No redevelopment area established under this paragraph shall be subject to the requirements of subparagraphs (A) and (C) of paragraph (1) of subsection (a) of section 101 of this Act. No redevelopment area established under this paragraph shall be eligible to meet the requirements of section 403(a)(1)(B) of this Act; "(7) those areas where per capita employment has declined significantly during the next preceding ten-year period for which appropriate statistics are available." SEC. 107. The first sentence of section 402 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3162) is amended by striking out "thereof" and all that follows down through and including the period at the end of the sentence and inserting in lieu thereof the following: "of such reviews shall terminate or modify such designation whenever such an area no longer satisfies the designation requirements of section 401, but in no event shall such a designation of an area be terminated prior to the expiration of the third year after the date such area was so designated." SEC. 108. Subsection (g) of section 403 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3171) is amended by striking out "June 30, 1971" and inserting in lieu thereof "June 30, 1973". SEC. 109. Subsection (d) of section 509 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3188a) is amended by striking out the period at the end of the first sentence thereof and inserting in lieu thereof a comma and the following: "and for the twofiscal-year period ending June 30, 1973, to be available until expended, not to exceed $305,000,000." SEC. 110. Section 512 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3191) is amended to read as follows: "SEC. 512. There is hereby authorized to be appropriated not to exceed $500,000 for the two-fiscal-year period ending June 30, 1973, to continue the Federal Field Committee for Development Planning in Alaska for the purpose of planning economic development programs and projects in Alaska in cooperation with the government of the State

167

Infra, L o a n s, extension. 79 Stat. 554; 84 Stat. 3 7 5.

Area e l i g i b i l i t y.

83 Stat. 219.

79 Stat. 552. 42 USC 3 1 3 1.

42 USC 3 1 7 1.

Annual review.

84 Stat. 375.

Grants-in-aid. 83 Stat. 218.

A l a s k a, development planning.

�


text:
Page:United States Statutes at Large Volume 85.djvu/198

 168

84 Stat. 375. 42 USC 3162 note.

79 Stat. 552. 42 USC 3121 note.

PUBLIC LAW 92-65-AUG. 5, 1971

[85 STAT.

of Alaska. Nothing contained in this section shall be construed as precluding the establishment of a regional commission for Alaska.". SEC. 111. Section 2 of the Act of July 6, 1970 (Public Law 91-304) is amended by striking out "1971" and inserting in lieu thereof "1972". SEC. 112. No person in the United States shall, on the ground of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance under the Public Works and Economic Development Act of 1965. TITLE II—APPALACHIAN REGIONAL DEVELOPMENT ACT O F 1965

eitation of title. Appropriation. 83 Stat. 214.

81 Stat. 257. Appropriation.

81 Stat. 261; 83 Stat. 215.

SEC. 201. This title may be cited as the "Appalachian Regional Development Act Amendments of 1971". SEC, 202. The second sentence of subsection (b) of section 105 of the Appalachian Regional Development Act of 1965 (40 A p p. U.S.C. 105) is amended to read as follows: "To carry out this section there is hereby authorized to be appropriated to the Commission, to be available until expended, not to exceed $2,700,000 for the two-fiscal-year period ending June 30, 1973 (of such amount not to exceed $525,000 shall be available for expenses of the Federal Cochairman, his alternate, and his staff), and not to exceed $3,300,000 for the two-fiscal-year period ending June 30, 1975 (of such amount not to exceed $575,000 shall be available for expenses of the Federal Cochairman, his alternate, and his staff).". SEC. 203. Paragraph (7) of section 106 of the Appalachian Regional Development Act of 1965 (40 App. U.S.C. 106) is amended by striking out "1971" and inserting in lieu thereof "1975". SEC. 204. Subsection (g) of section 201 of the Appalachian Regional Development Act of 1965 (40 App. U.S.C. 201) is amended to read as follows: " (g) To carry out this section, there is hereby authorized to be appropriated to the President, to be available until expended, $175,000,000 for the fiscal year ending June 30, 1971; $175,000,000 for the fiscal year ending June 30, 1972; $180,000,000 for the fiscal year ending June 30, 1973; $180,000,000 for the fiscal year ending June 30, 1974; $185,000,000, for the fiscal year ending June 30, 1975; $185,000,000 for the fiscal year ending June 30, 1976; $185,000,000 for the fiscal year ending June 30, 1977; and $180,000,000 for the fiscal year ending June 30, 1978." SEC. 205. There is inserted after section 207 of the Appalachian Regional Development Act of 1965 (40 App. U.S.C. 207) a new section as follows: " A P P A I ^ C H I A N A I R P O R T SAFETY IMPROVEMENTS

"SEC. 208. (a) I n order to provide a system of airports in the Appalachian region which can accommodate a greater number of passengers in safety and thereby increase commerce and communication in areas with developmental potential, the Secretary of Transportation (hereafter in this section referred to as the 'Secretary') is authorized to make grants to existing airports for the purpose of enhancing the safety of aviation and airport operations. "(b) Such airport safety improvement projects may include (A) approach clearance, the removal, lowering, relocation, and marking and lighting of airport hazards, navigation aids, site preparation for navigation aids, and the acquisition of adequate safety equipment (including fire fighting and rescue equipment), and (B) any acquisition of land or of any interest therein, or of any easement through or other interest in airspace which is necessary for such projects or to

�


text:
Page:United States Statutes at Large Volume 85.djvu/199

 85 STAT. ]

PUBLIC LAW 92-65-AUG. 5, 1971

169

remove or mitigate or prevent or limit the establishment of, airport hazards. "(c) Grants under this section shall be made solely from funds specifically made available to the President for the purpose of carrying out this Act in accordance with the provisions of this Act, and shall not be taken into account in the computation of the allotments among the States made pursuant to any other provisions of law. " (d) Except as context otherwise indicates, words and phrases used in this section shall have the same meaning as in the Airport and AirStat. 219. way Development Act of 1970 and the Federal Aviation Act of 1958, 84 USC 1701 49 as amended. note. "(e) Federal assistance to any project under this section shall not J^ ^t^at. ^y^a^i. exceed 90 per centum of the costs of the project, except for assistance note. for navigation aids which may be 100 per centum. "(f) The Secretary is authorized to incur obligations to make grants for airport safety improvement projects, in a total amount not to exceed $40,000,000 during the period ending June 30, 1975. There are authorized to be appropriated to the President such sums as may be required for liquidation of the obligations incurred under this section." SEC. 206. (a) The third sentence of subsection (c) of section 202 of heauh°"o*ec"s°" the Appalachian Eegional Development Act of 1965 (40 App. U.S.C. ^^ projects. 202) is amended by striking out "health services" and inserting in lieu 83 Stat. 214. thereof the following: "health and child development services, includ911. ing title IV, parts A and B, of the Social Security Act. Notwithstand- 81 Stat. 601. 42 USC ing any provision of the Social Security Act requiring assistance or services on a statewide basis, if a State provides assistance or services under such a program in any area of the region approved by the Commission, such State shall be considered as meeting such requirement". (b) Subsection (d) of such section is amended by adding at the 81 Stat. 259. end the following: "The Federal contribution to such expenses of planning may be provided entirely from funds authorized under this section or in combination with funds provided under other Federal or Federal grant-in-aid programs. Notwithstanding any provision of law limiting the Federal share in any such other program, funds appropriated to carry out this section may be used to increase such Federal share to the maximum percentage cost thereof authorized by this subsection." Mining area SEC. 207. (a) The first sentence of subsection (a)(1) of section 205 restoration. of the Appalachian Regional Development Act of 1965 (40 App. U.S.C. 205) is amended by inserting before the period at the end: ^^ ^*^** ^^i. "; and to control or abate mine drainage pollution." (b) Subsection (b) of such section is amended to read as follows: " (b) Notwithstanding any other provision of law, the Federal share of mining area restoration project costs carried out under subsection (a) of this section and conducted on lands other than federally owned lands shall not exceed 75 per centum of the total cost thereof. For the purposes of this section, such project costs may include the reasonable value (including donations) of planning, engineering, real property acquisition (limited to the reasonable value of the real property in its unreclaimed state and costs incidental to its acquisition, as determined by the Commission), and such other materials and services as may be required for such project." SEC. 208. (a) The catchline for section 207 of the Appalachian Regional Development Act of 1965 (40 App. U.S.C. 207) is amended to read: "ASSISTANCE FOR PLANNING AND OTHER PRELIMINARY EXPENSES OF PROPOSED LOW- AND MODERATE-INCOME HOUSING PROJECTS".

�


text:
Page:United States Statutes at Large Volume 85.djvu/200

 170

PUBLIC LAW 92-65-AUG. 5, 1971

[85 STAT.

40 u'sc app.* 207.

(b) Subseotions (a), (b), and (c) of such section are amended to read as follows: " (a) I n order to encourage and facilitate the construction or rehabilitation of housing to meet the needs of low- and moderate-income families and individuals, the Secretary of Housing and Urban Development (hereafter in this section referred to as the 'Secretary') is authorized to make grants and loans from the Appalachian Housing Fund established by this section, under such terms and conditions as he may prescribe, to nonprofit, limited dividend, or cooperative organizations, or public bodies, for planning and obtaining federally insured mortgage financing for housing construction or rehabilitation projects for low- and moderate-income families and individuals, under 8 2^stau477^498. seotion 221, 235, or 236 of the National Housing Act, in any area of 12 USC 17*15 z,' the Appalachian region determined by the Commission. 1715Z, 1715Z-1. " (b) ^Q loan under subsection (a) of this section shall exceed 80 per centum of the cost of planning and obtaining financing for a project, including, but not limited to, preliminary surveys and analyses of market needs, preliminary site engineering and architectural fees, site options, application and mortgage commitment fees, legal fees, and construction loan fees and discounts. Such loans shall be made without interest, except that any loan made to an organization established for profit shall bear interest at the prevailing market rate authorized for an insured or guaranteed loan for such project. The Secretary shall require payments of loans made under this section, under such terms and conditions as he may require, upon completion of the project or sooner, and except in the case of a loan to an organization established for profit, may cancel any part, or all of such a loan, if he determines that a permanent loan to finance such project cannot be obtained in an amount adequate for repayment of such loan under this section. "(c)(1) Except as provided in paragraph (2) of this subsection, no grant under this section shall exceed 80 per centum of those expenses, incident to planning and obtaining financing for a project, which the Secretary considers not to be recoverable from the proceeds of any permanent loan made to finance such project, and no such grant shall be made to an organization established for profit. "(2) The Secretary is authorized to make grants and commitments for grants, and may advance funds under such terms and conditions as he may require, to nonprofit organizations and public bodies for reasonable site development costs and necessary offsite improvements, such as sewer and water line extensions, whenever such a grant, commitment, or advance is essential to the economic feasibility of any housing construction or rehabilitation project for low- and moderateincome families and individuals which otherwise meets the requirements for assistance under this section, except that no such grant shall exceed 10 per centum of the cost of such project." 83 Stat. 215. (^) Subsection (e) of such section is amended by striking out "The Secretary is further authorized to " and inserting in lieu thereof "The Secretary or the Commission may". SEC. 209. (a) The catchline for section 211 of the Appalachian 79 Stat. 16. Regional Development Act of 1965 (40 App. U.S.C. 211) is amended by adding at the end "AND VOCATIONAL AND TECHNICAL EDUCATION 81 Stat. 262.

DEMONSTRATION

PROJECTS".

(b) The first sentence of subsection (a) of such section is amended by inserting "and operation" after "equipment". (c) Subsection (b) of such section is amended to read as follows:

�