PUBLIC LAW 93-232, 87 STAT 946
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE PRESIDENT IS HEREBY
AUTHORIZED AND REQUESTED TO ISSUE A PROCLAMATION DESIGNATING MARCH 29,
1974, AS "VIETNAM VETERANS DAY", AND CALLING UPON THE PEOPLE OF THE
UNITED STATES TO OBSERVE SUCH DAY WITH APPROPRIATE CEREMONIES AND
ACTIVITIES.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, VOL. 119 (1973):
DEC. 18, CONSIDERED AND PASSED HOUSE.
DEC. 19, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-231; 87 STAT. 946
TO DESIGNATE THE PORTION OF THE PROJECT FOR FLOOD CONTROL
PROTECTION ON CHARTIERS CREEK THAT IS WITHIN ALLEGHENY COUNTY,
PENNSYLVANIA, AS THE "JAMES G. FULTON FLOOD PROTECTION PROJECT".
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE PORTION OF THE
PROJECT FOR FLOOD PROTECTION ON CHARTIERS CREEK THAT IS WITHIN ALLEGHENY
COUNTY, PENNSYLVANIA, AUTHORIZED BY SECTION 204 OF THE FLOOD CONTROL ACT
OF 1965 (PUBLIC LAW 89 - 298), SHALL BE DESIGNATED AS THE "JAMES G.
FULTON FLOOD PROTECTION PROJECT". ANY REFERENCE TO SUCH PROJECT IN ANY
LAW, REGULATION, MAP, DOCUMENT, RECORD, OR OTHER PAPER OF THE UNITED
STATES SHALL BE HELD TO BE A REFERENCE TO THE "JAMES G. FULTON FLOOD
PROTECTION PROJECT". //79 STAT. 1074.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 554 (COMM. ON PUBLIC WORKS).
SENATE REPORT NO. 93 - 626 ACCOMPANYING S. 2535 (COMM. ON PUBLIC
WORKS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
OCT. 15, CONSIDERED AND PASSED HOUSE. DEC. 14, S. 2535 CONSIDERED
AND PRSSED SENATE. SDEC. 21, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-230; 87 STAT. 945
TO AMEND THE AGRICULTURAL ADJUSTMENT ACT, AS REENACTED AND
AMENDED BY THE AGRICULTURAL MARKETING AGREEMENT ACT OF 1937, SO AS
TO AUTHORIZE CERTAIN GRAPEFRUIT MARKETING ORDERS WHICH PROVIDE FOR
AN ASSESSMENT AGAINST HANDLERS FOR THE PURPOSE OF FINANCING A
MARKETING PROMOTION PROGRAM TO ALSO PROVIDE FOR A CREDIT AGAINST
SUCH ASSESSMENT IN THE CASE OF HANDLERS WHO EXPEND DIRECTLY FOR
MARKETING PROMOTION.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 8C (6) (I)
OF THE AGRICULTURAL ADJUSTMENT ACT, AS REENACTED AND AMENDED BY THE
AGRICULTURAL MARKETING AGREEMENT ACT OF 1937 AND SUBSEQUENT LEGISLATION,
IS FURTHER AMENDED BY INSERTING IN THE FIRST PROVISO "AND FLORIDA INDIAN
RIVER GRAPEFRUIT" IMMEDIATELY AFTER "WITH RESPECT TO ALMONDS". //68
STAT. 906; 84 STAT. 1357. 7 USC 608C.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 715 (COMM. ON AGRICULTURE).
SENATE REPORT NO. 93 - 256 (COMM. ON AGRICULTURE AND FORESTRY).
CONGRESSIONAL RECORD, VOL. 119 (1973):
JUNE 28, CONSIDERED AND PASSED SENATE. DEC. 18, CONSIDERED AND
PASSED HOUSE.
PUBLIC LAW 93-229; 87 STAT. 945
TO AMEND CHAPTER 33 OF TITLE 28 OF THE DISTRICT OF COLUMBIA
CODE, RELATING TO USURY, AND FOR OTHER PURPOSES.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT (A) CHAPTER 33 OF
TITLE 28 OF THE DISTRICT OF COLUMBIA CODE (RELATING TO INTEREST AND
USURY) IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING: //85
STAT. 665, D. C. CODE 28 - 3301.// "28 - 3309. DISTRICT OF COLUMBIA
COUNCIL AUTHORIZED TO EXEMPT
"THE DISTRICT OF COLUMBIA COUNCIL IS AUTHORIZED FROM TIME TO TIME TO
PROVIDE BY REGULATION FOR (1) THE EXEMPTION FROM THE PROVISIONS OF THIS
CHAPTER OF ANY LOAN OR FINANCIAL TRANSACTION, AND (2) THE CHANGE OF ANY
INTEREST RATE SPECIFIED IN THIS CHAPTER. THE COUNCIL IS FURTHER
AUTHORIZED TO AMEND OR REPEAL ANY SUCH REGULATION AT ANY TIME, BUT NO
SUCH AMENDMENT OR REPEAL RELATING TO ANY EXEMPTION MADE UNDER AUTHORITY
OF THIS SECTION SHALL AFFECT ANY SUCH LOAN OR FINANCIAL TRANSACTION
LAWFULLY MADE OR ENTERED INTO WHILE SUCH EXEMPTION IS IN EFFECT."
(B) THE CHAPTER ANALYSIS FOR CHAPTER 33 OF TITLE 28 OF THE DISTRICT
OF COLUMBIA CODE IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING
ITEM: "28 - 3309. DISTRICT OF COLUMBIA COUNCIL AUTHORIZED TO EXEMPT
CERTAIN
SEC. 2. THE CAPITAL YACHT CLUB, A DISTRICT OF COLUMBIA NONPROFIT
CORPORATION, SHALL HAVE THE POWER TO BORROW MONEY AT SUCH RATES OF
INTEREST AS THE CORPORATION MAY DETERMINE, WITHOUT REGARD TO THE
RESTRICTIONS OF ANY USURY LAW, AND SHALL NOT PLEAD ANY STATUTE AGAINST
USURY IN ANY ACTION.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 655 (COMM. ON THE DISTRICT OF COLUMBIA).
SENATE REPORT NO. 93 - 649 (COMM. ON THE DISTRICT OF COLUMBIA).
CONGRESSIONAL RECORD, VOL. 119 (1973):
NOV. 26, CONSIDERED AND PASSED HOUSE. DEC. 20, CONSIDERED AND
PASSED SENATE.
PUBLIC LAW 93-228; 87 STAT. 944
TO REPEAL THE PROVISIONS OF THE AGRICULTURE AND CONSUMER
PROTECTION ACT OF 1973 WHICH PROVIDE FOR PAYMENTS TO FARMERS IN
THE EVENT OF CROP FAILURES WITH RESPECT TO CROPS PLANTED IN LIEU
OF WHEAT OR FEED GRAINS.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT (A) SECTION 107 (C)
OF THE AGRICULTURAL ACT OF 1949, AS AMENDED, IS AMENDED BY DELETING THE
PARENTHETICAL PHRASE "(OR OTHER NONCONSERVING CROP PLANTED INSTEAD OF
WHEAT)" WHEREVER IT APPEARS THEREIN AND INSERTING IN LIEU THEREOF "(OR
OF COTTON, CORN, GRAIN SORGHUMS, OR BARLEY PLANTED IN LIEU OF WHEAT)".
(B) SECTION 105 (B) (1) OF THE AGRICULTURAL ACT OF 1949, AS AMENDED,
IS AMENDED BY DELETING THE PARENTHETICAL PHRASE "(OR OTHER NONCONSERVING
CROP PLANTED INSTEAD OF FEED GRAINS)" WHEREVER IT APPEARS THEREIN AND
INSERTING IN LIEU THEREOF "(OR OF WHEAT, OR COTTON PLANTED IN LIEU OF
THE ALLOTTED CROP)".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 739 (COMM. ON AGRICULTURE).
SENATE REPORT NO. 93 - 420 (COMM. ON AGRICULTURE AND FORESTRY).
CONGRESSIONAL RECORD, VOL. 119 (1973):
OCT. 11, CONSIDERED AND PASSED SENATE. DEC. 20, CONSIDERED AND
PASSED HOUSE.
PUBLIC LAW 93-227, 87 STAT. 944
TO RPOVIDE FOR THE STRIKING OF MEDALS IN COMMEMORATION OF THE
ONE HUNDREDTH ANNIVERSARY OF THE STATEHOOD OF COLORADO.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED,
SECTION 1. IN COMMEMORATION OF THE ONE HUNDREDTH ANNIVERSARY OF THE
STATEHOOD OF COLORADO, WHICH WILL BE CELEBRATED ON AUGUST 1, 1976, THE
SECRETARY OF THE TREASURY (HEREAFTER REFERRED TO IN THIS ACT AS THE
"SECRETARY") SHALL FURNISH MEDALS IN ACCORDANCE WITH THIS ACT TO THE
COLORADO CENTENNIAL-BICENTENNIAL COMMISSION (HEREAFTER REFERRED TO IN
THIS ACT AS THE "COMMISSION").
SEC. 2. THE MEDALS AUTHORIZED UNDER THIS ACT ARE NATIONAL MEDALS
WITHIN THE MEANING OF SECTION 3551 OF THE REVISED STATUTES (31 U.S.C.
368), EXCEPT THAT, FOR THE PURPOSES OF THIS ACT, SOME OR ALL OF SUCH
MEDALS MAY BE STRUCK BY THE SUPERINTENDENT OF THE COINING DEPARTMENT OF
THE MINT AT DENVER, UNDER SUCH REGULATIONS AS THE SUPERINTENDENT, WITH
THE APPROVAL OF THE DIRECTOR OF THE MINT, MAY PRESCRIBE.
SEC. 3. THE MEDALS SHALL BEAR SUCH EMBLEMS, DEVICES, AND
INSCRIPTIONS, SHALL BE OF SUCH SIZE OR SIZES, AND SHALL BE MADE OF SUCH
MATERIALS AS THE COMMISSION MAY DETERMINE WITH THE APPROVAL OF THE
SECRETARY.
SEC. 4. EXCEPT FOR SUCH QUANTITIES, IF ANY, OF GOLD OR SILVER MEDALS
AS MAY BE REQUESTED BY THE COMMISSION AND APPROVED BY THE SECRETARY, THE
MEDALS MAY NOT BE MADE IN QUANTITIES OF LESS THAN TWO THOUSAND NOR IN AN
AGGREGATE QUANTITY GREATER THAN TWO HUNDRED AND FIFTY THOUSAND. THEY
SHALL BE MADE AND DELIVERED AT SUCH TIMES AS MAY BE REQUIRED BY THE
COMMISSION, BUT NO MEDALS MAY BE MADE AFTER DECEMBER 31, 1976.
SEC. 5. THE MEDALS SHALL BE FURNISHED AT A PRICE OR PRICES EQUAL TO
THE COSTS OF MANUFACTURE AS ESTIMATED BY THE SECRETARY, INCLUDING LABOR,
MATERIALS, DIES, USE OF MACHINERY, AND OVERHEAD EXPENSES. THE MEDALS
MAY NOT BE MADE UNLESS SECURITY SATISFACTORY TO THE SECRETARY IS
FURNISHED TO INDEMNIFY THE UNITED STATES FOR FULL PAYMENT OF THESE
COSTS.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 470 (COMM. ON BANKING AND CURRENCY).
SENATE REPORT NO. 93 - 655 (COMM. ON BANKING, HOUSING AND URBAN
AFFAIRS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
SEPT. 17, CONSIDERED AND PASSED HOUSE. DEC. 20, CONSIDERED AND
PASSED SENATE.
PUBLIC LAW 93-226; 87 STAT. 943
TO PROVIDE FOR A FEASIBILITY STUDY AND TO ACCEPT A GIFT FROM
THE UNITED STATES CAPITOL HISTORICAL SOCIETY.
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT, NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, THE UNITED STATES CAPITOL HISTORICAL SOCIETY IS
AUTHORIZED, UNDER DIRECTION OF THE ARCHITECT OF THE CAPITOL, TO PREPARE
A FEASIBILITY STUDY TO DETERMINE THE DESIRABILITY OF INSTALLING WITHIN
THE UNITED STATES CAPITOL GROUNDS, AT THE EAST FRONT OF THE UNITED
STATES CAPITOL, ALL ITEMS OF EQUIPMENT AND OTHER FACILITIES REQUIRED FOR
A SOUND AND LIGHT PERFORMANCE, CONSISTING OF AN INTERPLAY OF LIGHT,
MUSIC, NARRATIVE, AND SOUND EFFECTS (WITHOUT THE USE OF LIVE ACTORS),
WHICH, WHEN PROJECTED ONTO THE IMPOSING FACADE OF THE EAST FRONT OF THE
UNITED STATES CAPITOL, WILL RE-CREATE THE EVOLUTION OF AMERICAN HISTORY,
BASED ON A FOUNDATION OF THOROUGH HISTORICAL RESEARCH, SUBJECT TO THE
FOLLOWING CONDITIONS:
(1) SUCH STUDY AND ALL EXPENDITURES CONNECTED THEREWITH WILL BE
BORNE BY THE UNITED STATES CAPITOL HISTORICAL SOCIETY.
(2) UPON COMPLETION OF SUCH STUDY, THE UNITED STATES CAPITOL
HISTORICAL SOCIETY, AT ITS EXPENSE, WILL FURNISH THE ARCHITECT OF
THE CAPITOL A REPORT DETAILING THE RESULTS OF SUCH STUDY,
INSTALLATIONS, AND PROGRAMS PROPOSED, AND ESTIMATES OF COST
REQUIRED TO IMPLEMENT SUCH PROJECT WITHOUT EXPENSE TO THE UNITED
STATES, INCLUDING MAINTENANCE AND OPERATING EXPENSES.
(3) THE PROJECT MAY NOT BE IMPLEMENTED, BEYOND THE REPORT
STAGE, EXCEPT AS PROVIDED IN SECTION 2 HEREOF.
SEC. 2. THE ARCHITECT OF THE CAPITOL SHALL REVIEW SUCH REPORT AND
SUBMIT THE SAME, WITH HIS RECOMMENDATIONS, TO THE SPEAKER AND MAJORITY
AND MINORITY LEADERS OF THE HOUSE OF REPRESENTATIVES AND TO THE UNITED
STATES SENATE COMMISSION ON ART AND ANTIQUITIES.
IF THE PROJECT, AS PRESENTED, WITH OR WITHOUT MODIFICATIONS, MEETS
WITH THE APPROVAL OF SUCH HOUSE AND SENATE OFFICIALS, THE ARCHITECT OF
THE CAPITOL, NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IS AUTHORIZED
AFTER SUCH APPROVAL--
(1) TO ACCEPT IN THE NAME OF THE UNITED STATES FROM THE UNITED
STATES CAPITOL HISTORICAL SOCIETY, AS A GIFT, SUCH SUM OR SUMS AS
MAY BE REQUIRED TO FURTHER IMPLEMENT SUCH PROJECT, AND SUCH SUM OR
SUMS WHEN RECEIVED, SHALL BE CREDITED AS AN ADDITION TO THE
APPROPRIATION ACCOUNT "CAPITOL BUILDINGS, ARCHITECT OF THE
CAPITOL".
(2) SUBJECT TO SECTION 3 HEREOF, TO EXPEND SUCH SUM OR SUMS FOR
ALL ITEMS OF EQUIPMENT AND OTHER FACILITIES FOR THE SOUND AND
LIGHT PERFORMANCE, AND FOR ANY OTHER ITEMS IN CONNECTION
THEREWITH.
SEC. 3. THE ARCHITECT OF THE CAPITOL, UNDER THE DIRECTION OF THE
HOUSE AND SENATE OFFICIALS DESIGNATED IN SECTION 2 HEREOF, IS AUTHORIZED
TO ENTER INTO CONTRACTS AND TO INCUR SUCH OTHER OBLIGATIONS AND MAKE
SUCH EXPENDITURES AS MAY BE NECESSARY TO CARRY OUT THE PROVISIONS OF
SAID SECTION 2.
SEC. 4. SUMS RECEIVED UNDER THIS JOINT RESOLUTION, WHEN CREDITED AS
AN ADDITION TO THE APPROPRIATION ACCOUNT "CAPITOL BUILDINGS, ARCHITECT
OF THE CAPITOL", SHALL BE AVAILABLE FOR EXPENDITURE AND SHALL REMAIN
AVAILABLE UNTIL EXPENDED. FOLLOWING COMPLETION OF THE INSTALLATION,
SUCH SUMS MAY THEREAFTER BE USED BY THE ARCHITECT OF THE CAPITOL, IN
WHOLE OR PART, TO DEFRAY ANY EXPENSES WHICH HE MAY INCUR FOR MAINTENANCE
AND OPERATION.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 679 (COMM. ON PUBLIC WORKS).
SENATE REPORT NO. 93 - 602 ACCOMPANYING S. J. RES. 169 (COMM. ON
PUBLIC WORKS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
DEC. 3, CONSIDERED AND PASSED HOUSE. DEC. 7, CONSIDERED AND PASSED
SENATE, AMENDED, IN LIEU OF S. J. RES. 169. DEC. 19, HOUSE
CONCURRED IN IN SENATE AMENDMENT.
PUBLIC LAW 93-225; 87 STAT. 942
TO CONTINUE MANDATORY PRICE SUPPORT FOR TUNG NUTS ONLY THROUGH
THE 1976 CROP.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 201 (B) OF
THE AGRICULTURAL ACT OF 1949, AS AMENDED, IS AMENDED TO READ AS FOLLOWS:
"(B) THE PRICE OF HONEY SHALL BE SUPPORTED THROUGH LOANS, PURCHASES,
//63 STAT. 1053; 72 STAT. 996. 7 USC 1446.// OR OTHER OPERATIONS AT A
LEVEL NOT IN EXCESS OF 90 PER CENTUM NOR LESS THAN 60 PER CENTUM OF THE
PARITY PRICE THEREOF; AND THE PRICE OF TUNG NUTS FOR EACH CROP OF TUNG
NUTS THROUGH THE 1976 CROP SHALL BE SUPPORTED THROUGH LOANS, PURCHASES,
OR OTHER OPERATIONS AT A LEVEL NOT IN EXCESS OF 90 PER CENTUM NOR LESS
THAN 60 PER CENTUM OF THE PARITY PRICE THEREFOR: PROVIDED, THAT IN ANY
CROP YEAR THROUGH THE 1976 CROP YEAR IN WHICH THE SECRETARY DETERMINES
THAT THE DOMESTIC PRODUCTION OF TUNG OIL WILL BE LESS THAN THE
ANTICIPATED DOMESTIC DEMAND FOR SUCH OIL, THE PRICE OF TUNG NUTS SHALL
BE SUPPORTED AT NOT LESS THAN 65 PER CENTUM OF THE PARITY PRICE
THEREFOR."
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 233 (COMM. ON AGRICULTURE).
SENATE REPORT NO. 93 - 652 (COMM. ON AGRICULTURE AND FORESTRY).
CONGRESSIONAL RECORD, VOL. 119 (1973):
JUNE 18, CONSIDERED AND PASSED HOUSE. DEC. 20, CONSIDERED AND
PASSED SENATE.
PUBLIC LAW 93-224; 87 STAT. 937, FEDERAL FINANCING BANK ACT OF 1973
TO ESTABLISH A FEDERAL FINANCING BANK, TO PROVIDE FOR
COORDINATED AND MORE EFFICIENT FINANCING OF FEDERAL AND FEDERALLY
ASSISTED BORROWING FROM THE PUBLIC, AND FOR OTHER PURPOSES.
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 "FEDERAL FINANCING BANK ACT OF 1973".
SEC. 2. THE CONGRESS FINDS THAT DEMANDS FOR FUNDS THROUGH FEDERAL
AND FEDERALLY ASSISTED BORROWING PROGRAMS ARE INCREASING FASTER THAN THE
TOTAL SUPPLY OF CREDIT AND THAT SUCH BORROWINGS ARE NOT ADEQUATELY
COORDINATED WITH OVERALL FEDERAL FISCAL AND DEBT MANAGEMENT POLICIES.
THE PURPOSE OF THIS ACT IS TO ASSURE COORDINATION OF THESE PROGRAMS WITH
THE OVERALL ECONOMIC AND FISCAL POLICIES OF THE GOVERNMENT, TO REDUCE
THE COSTS OF FEDERAL AND FEDERALLY ASSISTED BORROWINGS FROM THE PUBLIC,
AND TO ASSURE THAT SUCH BORROWINGS ARE FINANCED IN A MANNER LEAST
DISRUPTIVE OF PRIVATE FINANCIAL MARKETS AND INSTITUTIONS.
SEC. 3. FOR THE PURPOSES OF THIS ACT--
(1) THE TERM "FEDERAL AGENCY" MEANS AN EXECUTIVE DEPARTMENT, AND
INDEPENDENT FEDERAL ESTABLISHMENT, OR A CORPORATION OR OTHER ENTITY
ESTABLISHED BY THE CONGRESS WHICH IS OWNED IN WHOLE OR IN PART BY THE
UNITED STATES.
(2) THE TERM "OBLIGATION" MEANS ANY NOTE, BOND, DEBENTURE, OR OTHER
EVIDENCE OF INDEBTEDNESS, BUT DOES NOT INCLUDE FEDERAL RESERVE NOTES OR
STOCK EVIDENCING AN OWNERSHIP INTEREST IN THE ISSUING FEDERAL AGENCY.
(3) THE TERM "GUARANTEE" MEANS ANY GUARANTEE, INSURANCE, OR OTHER
PLEDGE WITH RESPECT TO THE PAYMENT OF ALL OR PART OF THE PRINCIPAL OR
INTEREST ON ANY OBLIGATION, BUT DOES NOT INCLUDE THE INSURANCE OF
DEPOSITS, SHARES, OR OTHER WITHDRAWABLE ACCOUNTS IN FINANCIAL
INSTITUTIONS, OR ANY GUARANTEE OR PLEDGE ARISING OUT OF A STATUTORY
OBLIGATION TO INSURE SUCH DEPOSITS, SHARES, OR OTHER WITHDRAWABLE
ACCOUNTS.
(4) THE TERM "BANK" MEANS THE FEDERAL FINANCING BANK ESTABLISHED BY
SECTION 4 OF THIS ACT.
SEC. 4. THERE IS HEREBY CREATED A BODY CORPORATE TO BE KNOW AS THE
FEDERAL FINANCING BANK, WHICH SHALL HAVE SUCCESSION UNITL DISSOLVED BY
AN ACT OF CONGRESS. THE BANK SHALL BE SUBJECT TO THE GENERAL
SUPERVISION AND DIRECTION OF THE SECRETARY OF THE TREASURY. THE BANK
SHALL BE AN INSTRUMENTALITY OF THE UNITED STATES GOVERNMENT AND SHALL
MAINTAIN SUCH OFFICES AS MAY BE NECESSARY OR APPROPRIATE IN THE CONDUCT
OF ITS BUSINESS.
SEC. 5. (A) THE BANK SHALL HAVE A BOARD OF DIRECTORS CONSISTING OF
FIVE PERSONS, ONE OF WHOM SHALL BE THE SECRETARY OF THE TREASURY AS
CHAIRMAN OF THE BOARD, AND FOUR OF WHOM SHALL BE APPOINTED BY THE
PRESIDENT FROM AMONG THE OFFICERS OR EMPLOYEES OF THE BANK OR OF ANY
FEDERAL AGENCY. THE CHAIRMAN AND EACH OTHER MEMBER OF THE BOARD MAY
DESIGNATE SOME OTHER OFFICER OR EMPLOYEE OF THE GOVERNMENT TO SERVE IN
HIS PLACE.
(B) THE BOARD OF DIRECTORS SHALL MEET AT THE CALL OF ITS CHAIRMAN.
THE BOARD SHALL DETERMINE THE GENERAL POLICIES WHICH SHALL GOVERN THE
OPERATIONS OF THE BANK. THE CHAIRMAN OF THE BOARD SHALL SELECT AND
EFFECT THE APPOINTMENT OF QUALIFIED PERSONS TO FILL SUCH OFFICES AS MAY
BE PROVIDED FOR IN THE BYLAWS, AND SUCH PERSONS SHALL BE THE EXECUTIVE
OFFICERS OF THE BANK AND SHALL DISCHARGE SUCH EXECUTIVE FUNCITONS,
POWERS, AND DUTIES AS MAY BE PROVIDED FOR IN THE BYLAWS OR BY THE BOARD
OF DIRECTORS. THE MEMBERS OF THE BOARD AND THEIR DESIGNEES SHALL NOT
RECEIVE COMPENSATION FOR THEIR SERVICES ON THE BOARD.
SEC. 6. (A) THE BANK IS AUTHORIZED TO MAKE COMMITMENTS TO PURCHASE
AND SELL, AND TO PURCHASE AND SELL ON TERMS AND CONDITIONS DETERMINED BY
THE BANK, ANY OBLIGATION WHICH IS ISSUED, SOLD, OR GUARANTEED BY A
FEDERAL AGENCY. ANY FEDERAL AGENCY WHICH IS AUTHORIZED TO ISSUE, SELL,
OR GUARANTEE ANY OBLIGATION IS AUTHORIZED TO ISSUE OR SELL SUCH
OBLIGATIONS DIRECTLY TO THE BANK.
(B) ANY PURCHASE BY THE BANK SHALL BE UPON SUCH TERMS AND CONDITIONS
AS TO YIELD A RETURN AT A RATE NOT LESS THAN A RATE DETERMINED BY THE
SECRETARY OF THE TREASURY TAKING INTO CONSIDERATION (1) THE CURRENT
AVERAGE YIELD ON OUTSTANDING MARKETABLE OBLIGATIONS OF THE UNITED STATES
OF COMPARABLE MATURITY, OR (2) WHENEVER THE BANK'S OWN OBLIGATIONS
OUTSTANDING ARE SUFFICIENT, THE CURRENT AVERAGE YIELD ON OUTSTANDING
OBLIGATIONS OF THE BANK OF COMPARABLE MATURITY.
(C) THE BANK IS AUTHORIZED TO CHARGE FEES FOR ITS COMMITMENTS AND
OTHER SERVICES ADEQUATE TO COVER ALL EXPENSES AND TO PROVIDE FOR THE
ACCUMULATION OF REASONABLE CONTINGENCY RESERVES.
SEC. 7. (A) TO INSURE THE ORDERLY AND COORDINATED MARKETING OF
TREASURY AND FEDERAL AGENCY OBLIGATIONS AND APPROPRIATE FINANCING
PLANNING WITH RESPECT THERETO, AND TO FACILITATE THE EFFECTIVE FINANCING
OF PROGRAMS AUTHORIZED BY LAW SUBJECT TO THE APPLICABLE PROVISIONS OF
SUCH LAW, THE PRIOR APPROVAL OF THE SECRETARY OF THE TREASURY SHALL BE
REQUIRED WITH RESPECT TO--
(1) THE METHOD OF FINANCING,
(2) THE SOURCE OF FINANCING,
(3) THE TIMING OF FINANCING IN RELATION TO MARKET CONDITIONS
AND FINANCING BY OTHER FEDERAL AGENCIES, AND
(4) THE FINANCING TERMS AND CONDITIONS, INCLUDING RATES OF
INTEREST AND MATURITIES,
OF OBLIGATIONS ISSUED OR SOLD BY ANY FEDERAL AGENCY; EXCEPT THAT THE
APPROVAL OF THE SECRETARY OF THE TREASURY SHALL NOT BE REQUIRED WITH
RESPECT TO (A) OBLIGATIONS ISSUED OR SOLD PURSUANT TO AN ACT OF CONGRESS
WHICH EXPRESSLY PROHIBITS ANY GUARANTEE OF SUCH OBLIGATIONS BY THE
UNITED STATES, AND (B) OBLIGATIONS ISSUED OR SOLD BY THE FARMERS HOME
ADMINISTRATION.
(B) UPON RECEIPT OF A REQUEST FROM A FEDERAL AGENCY FOR HIS APPROVAL
UNDER SUBSECTION (A) OF THIS SECTION, THE SECRETARY OF THE TREASURY
SHALL ACT PROMPTLY EITHER TO GRANT HIS APPROVAL OR TO ADVISE THE AGENCY
OF THE REASONS FOR WITHHOLDING HIS APPROVAL. IN NO CASE SHALL THE
SECRETARY OF THE TREASURY WITHHOLD SUCH APPROVAL FOR A PERIOD LONGER
THAN SIXTY DAYS UNLESS, PRIOR TO THE END OF SUCH PERIOD, HE SUBMITS TO
THE CONGRESS A DETAILED EXPLANATION OF HIS REASONS FOR SO DOING. IN NO
CASE SHALL THE SECRETARY WITHHOLD SUCH APPROVAL FOR A PERIOD LONGER THAN
ONE HUNDRED AND TWENTY DAYS. TO THE MAXIMUM EXTENT PRACTICABLE,
WITHHOLDINGS OF APPROVAL SHALL BE MADE IN A MANNER WHICH IS NOT
DISPROPORTIONATELY DETRIMENTAL TO THE FUNCTIONING OF ANY PARTICULAR TYPE
OF FEDERAL PROGRAM. EXPEDITED TREATMENT SHALL BE ACCORDED IN ANY CASE
IN WHICH THE FEDERAL AGENCY ADVISES THE SECRETARY OF THE TREASURY THAT
UNUSUAL CIRCUMSTANCES REQUIRE SUCH TREATMENT.
(C) FEDERAL AGENCIES SUBJECT TO THIS SECTION SHALL SUBMIT FINANCING
PLANS TO THE SECRETARY OF THE TREASURY AT SUCH TIMES AND IN SUCH FORMS
AS HE SHALL PRESCRIBE.
SEC. 8. THE SECRETARY OF THE TREASURY IS AUTHORIZED TO ADVANCE THE
FUNDS NECESSARY TO PROVIDE INITIAL CAPITAL TO THE BANK. EACH SUCH
ADVANCE SHALL BE UPON SUCH TERMS AND CONDITIONS AS TO YIELD A RETURN AT
A RATE NOT LESS THAN A RATE DETERMINED BY THE SECRETARY OF THE TREASURY,
TAKING INTO CONSIDERATION THE CURRENT AVERAGE YIELD ON OUTSTANDING
MARKETABLE OBLIGATIONS OF THE UNITED STATES OF COMPARABLE MATURITY.
INTEREST PAYMENTS ON SUCH ADVANCES MAY BE DEFERRED, AT THE DISCRETION OF
THE SECRETARY, BUT ANY SUCH DEFERRED PAYMENTS SHALL THEMSELVES BEAR
INTEREST AT THE RATE SPECIFIED IN THIS SECTION. THERE IS AUTHORIZED TO
BE APPROPRIATED NOT TO EXCEED $100,000,000, WHICH SHALL BE AVAILABLE FOR
THE PURPOSES OF THIS SECTION WITHOUT FISCAL YEAR LIMITATION.
SEC. 9. (A) THE BANK IS AUTHORIZED, WITH THE APPROVAL OF THE
SECRETARY OF THE TREASURY, TO ISSUE PUBLICLY AND HAVE OUTSTANDING AT ANY
ONE TIME NOT IN EXCESS OF $15,000,000,000, OR SUCH ADDITIONAL AMOUNTS AS
MAY BE AUTHORIZED IN APPROPRIATIONS ACTS, OF OBLIGATIONS HAVING SUCH
MATURITIES AND BEARING SUCH RATE OR RATES OF INTEREST AS MAY BE
DETERMINED BY THE BANK. SUCH OBLIGATIONS MAY BE REDEEMABLE AT THE
OPTION OF THE BANK BEFORE MATURITY IN SUCH MANNER AS MAY BE STIPULATED
THEREIN. SO FAR AS IS FEASIBLE, THE DEBT STRUCTURE OF THE BANK SHALL BE
COMMENSURATE WITH ITS ASSET STRUCTURE.
(B) THE BANK IS ALSO AUTHORIZED TO ISSUE ITS OBLIGATIONS TO THE
SECRETARY OF THE TREASURY AND THE SECRETARY OF THE TREASURY MAY IN HIS
DISCRETION PURCHASE OR AGREE TO PURCHASE ANY SUCH OBLIGATIONS, AND FOR
SUCH PURPOSE THE SECRETARY OF THE TREASURY IS AUTHORIZED TO USE AS A
PUBLIC DEBT TRANSACTION THE PROCEEDS OF THE SALE OF ANY SECURITIES
HEREAFTER ISSUED UNDER THE SECOND LIBERTY BOND ACT, AND THE PURPOSES FOR
WHICH SECURITIES MAY BE ISSUED UNDER THE SECOND LIBERTY BOND ACT ARE
EXTENDED TO INCLUDE SUCH PURCHASES. EACH PURCHASE OF OBLIGATIONS BY THE
SECRETARY OF THE TREASURY UNDER THIS SUBSECTION SHALL BE UPON SUCH TERMS
AND CONDITIONS AS TO YIELD A RETURN AT A RATE NOT LESS THAN A RATE
DETERMINED BY THE SECRETARY OF THE TREASURY, TAKING INTO CONSIDERATION
THE CURRENT AVERAGE YIELD ON OUTSTANDING MARKETABLE OBLIGATIONS OF THE
UNITED STATES OF COMPARABLE MATURITY. THE SECRETARY OF THE TREASURY MAY
SELL, UPON SUCH TERMS AND CONDITIONS AND AT SUCH PRICE OR PRICES AS HE
SHALL DETERMINE, ANY OF THE OBLIGATIONS ACQUIRED BY HIM UNDER THIS
SUBSECTION. ALL PURCHASES AND SALES BY THE SECRETARY OF THE TREASURY OF
SUCH OBLIGATIONS UNDER THIS SUBSECTION SHALL BE TREATED AS PUBLIC DEBT
TRANSACTIONS OF THE UNITED STATES. //40 STAT. 288. 31 USC 774.//
(C) THE BANK MAY REQUIRE THE SECRETARY OF THE TREASURY TO PURCHASE
OBLIGATIONS OF THE BANK ISSUED PURSUANT TO SUBSECTION (B) IN SUCH
AMOUNTS AS WILL NOT CAUSE THE HOLDING BY THE SECRETARY OF THE TREASURY
RESULTING FROM SUCH REQUIRED PURCHASES TO EXCEED $5,000,000,000 AT ANY
ONE TIME. THIS SUBSECTION SHALL NOT BE CONSTRUED AS LIMITING THE
AUTHORITY OF THE SECRETARY TO PURCHASE OBLIGATIONS OF THE BANK IN EXCESS
OF SUCH AMOUNT.
(D) OBLIGATIONS OF THE BANK ISSUED PURSUANT TO THIS SECTION SHALL BE
LAWFUL INVESTMENTS, AND MAY BE ACCEPTED AS SECURITY FOR ALL FIDUCIARY,
TRUST, AND PUBLIC FUNDS, THE INVESTMENT OR DEPOSIT OF WHICH SHALL BE
UNDER THE AUTHORITY OR CONTROL OF THE UNITED STATES, THE DISTRICT OF
COLUMBIA, THE COMMONWEALTH OF PUERTO RICO, OR ANY TERRITORY OR
POSSESSION OF THE UNITED STATES, OR ANY AGENCY OR INSTRUMENTALITY OF ANY
OF THE FOREGOING, OR ANY OFFICER OR OFFICERS THEREOF.
SEC. 10. THE BANK SHALL HAVE POWER--
(1) TO SUE AND BE SUED, COMPLAIN, AND DEFEND, IN ITS CORPORATE
NAME;
(2) TO ADOPT, ALTER, AND USE A CORPORATE SEAL, WHICH SHALL BE
JUDICIALLY NOTICED;
(3) TO ADOPT, AMEND, AND REPEAL BYLAWS, RULES, AND REGULATIONS
AS MAY BE NECESSARY FOR THE CONDUCT OF ITS BUSINESS;
(4) TO CONDUCT ITS BUSINESS, CARRY ON ITS OPERATIONS, AND HAVE
OFFICES AND EXERCISE THE POWERS GRANTED BY THIS ACT IN ANY STATE
WITHOUT REGARD TO ANY QUALIFICATION OR SIMILAR STATUTE IN ANY
STATE;
(5) TO LEASE, PURCHASE, OR OTHERWISE ACQUIRE, OWN, HOLD,
IMPROVE, USE, OR OTHERWISE DEAL IN AND WITH ANY PROPERTY, REAL,
PERSONAL, OR MIXED, OR ANY INTEREST THEREIN, WHEREVER SITUATED;
(6) TO ACCEPT GIFTS OR DONATIONS OF SERVICES, OR OF PROPERTY,
REAL, PERSONAL, OR MIXED, TANGIBLE OR INTANGIBLE, IN AID OF ANY OF
THE PURPOSES OF THE BANK;
(7) TO SELL, CONVEY, MORTGAGE, PLEDGE, LEASE, EXCHANGE, AND
OTHERWISE DISPOSE OF ITS PROPERTY AND ASSETS;
(8) TO APPOINT SUCH OFFICERS, ATTORNEYS, EMPLOYEES, AND AGENTS
AS MAY BE REQUIRED, TO DEFINE THEIR DUTIES, TO FIX AND TO PAY SUCH
COMPENSATION FOR THEIR SERVICES AS MAY BE DETERMINED, SUBJECT TO
THE CIVIL SERVICE AND CLASSIFICATION LAWS, TO REQUIRE BONDS FOR
THEM AND PAY THE PREMIUM THEROF;
(9) TO ENTER INTO CONTRACTS, TO EXECUTE INSTRUMENTS TO INCUR
LIABILITIES, AND TO DO ALL THINGS AS ARE NECESSARY OR INCIDENTAL
TO THE PROPER MANAGEMENT OF ITS AFFAIRS AND THE PROPER CONDUCT OF
ITS BUSINESS;
(10) TO ACT THROUGH ANY CORPORATE OR OTHER AGENCY OR
INSTRUMENTALITY OF THE UNITED STATES, AND TO UTILIZE THE SERVICES
THEREOF ON A REIMBURSABLE BASIS, AND ANY SUCH AGENCY OR
INSTRUMENTALITY IS AUTHORIZED TO PROVIDE SERVICES AS REQUESTED BY
THE BANK; AND
(11) TO DETERMINE THE CHARACTER OF AND THE NECESSITY
7 FOR ITS OBLIGATIONS AND EXPENDITURES, AND THE MANNER IN
WHICH THEY SHALL BE INCURRED, ALLOWED, AND PAID, SUBJECT TO
PROVISIONS OF LAW SPECIFICALLY APPLICABLE TO GOVERNMENT
CORPORATIONS.
SEC. 11. (A) THE BANK, ITS PROPERTY, ITS FRANCHISE, CAPITAL,
RESERVES, SURPLUS, SECURITY HOLDINGS, AND OTHER FUNDS, AND ITS INCOME
SHALL BE EXEMPT FROM ALL TAXATION NOW OR HEREAFTER IMPOSED BY THE UNITED
STATES OR BY ANY STATE OR LOCAL TAXING AUTHORITY; EXCEPT THAT (1) ANY
REAL PROPERTY AND ANY TANGIBLE PERSONAL PROPERTY OF THE BANK SHALL BE
SUBJECT TO FEDERAL, STATE, AND LOCAL TAXATION TO THE SAME EXTENT
ACCORDING TO ITS VALUE AS OTHER SUCH PROPERTY IS TAXED, AND (2) ANY
OBLIGATIONS ISSUED BY THE BANK SHALL BE SUBJECT TO FEDERAL TAXATION TO
THE SAME EXTENT AS THE OBLIGATIONS OF PRIVATE CORPORATIONS ARE TAXED.
(B) ALL OBLIGATIONS ISSUED BY THE BANK PURSUANT TO THIS ACT SHALL BE
DEEMED TO BE EXEMPTED SECURITIES WITHIN THE MEANING OF SECTION 3(A) (2)
OF THE SECURITIES ACT OF 1933 (15 U.S.C. 77C (A) (2)), OF SECTION 3(A)
(12) OF THE SECURITIES EXCHANGE ACT OF 1934 (15 U.S.C. 78C (A) (12)),
AND OF SECTION 304(A) (4) OF THE TRUST INDENTURE ACT OF 1939 (15 U.S.C.
77DDD (A) (4)). //84 STAT. 1498. 84 STAT. 1435, 1499. 53 STAT. 1153;
84 STAT. 1499.//
(C) NOTHING HEREIN SHALL AFFECT THE BUDGET STATUS OF THE FEDERAL
AGENCIES SELLING OBLIGATIONS TO THE BANK UNDER SECTION 6(A) OF THIS ACT,
OR THE METHOD OF BUDGET ACCOUNTING FOR THEIR TRANSACTIONS. THE RECEIPTS
AND DISBURSEMENTS OF THE BANK IN THE DISCHARGE OF ITS FUNCTIONS SHALL
NOT BE INCLUDED IN THE TOTALS OF THE BUDGET OF THE UNITED STATES
GOVERNMENT AND SHALL BE EXEMPT FROM ANY GENERAL LIMITATION IMPOSED BY
STATUTE ON EXPENDITURES AND NET LENDING (BUDGET OUTLAYS) OF THE UNITED
STATES.
SEC. 12. IN ORDER TO FURNISH OBLIGATIONS FOR DELIVERY BY THE BANK,
THE SECRETARY OF THE TREASURY IS AUTHORIZED TO PREPARE SUCH OBLIGATIONS
IN SUCH FORM AS THE BANK MAY APPROVE, SUCH OBLIGATIONS WHEN PREPARED TO
BE HELD IN THE TREASURY SUBJECT TO DELIVERY UPON ORDER BY THE BANK. THE
ENGRAVED PLATES, DIES, BED PIECES, AND OTHER MATERIAL EXECUTED IN
CONNECTION THEREWITH, SHALL REMAIN IN THE CUSTODY OF THE SECRETARY OF
THE TREASURY. THE BANK SHALL REIMBURSE THE SECRETARY OF THE TREASURY
FOR ANY EXPENDITURES MADE IN PREPARATION, CUSTODY, AND DELIVERY OF SUCH
OBLIGATIONS.
SEC. 13. THE BANK SHALL, AS SOON AS PRACTICABLE AFTER THE END OF
EACH FISCAL YEAR, TRANSMIT TO THE PRESIDENT AND THE CONGRESS AN ANNUAL
REPORT OF ITS OPERATIONS AND ACTIVITIES.
SEC. 14. THE SIXTH SENTENCE OF THE SEVENTH PARAGRAPH OF SECTION 5136
OF THE REVISED STATUTES, AS AMENDED (12 U.S.C. 24), IS AMENDED BY
INSERTING "OR OBLIGATIONS OF THE FEDERAL FINANCING BANK" IMMEDIATELY
AFTER "OR OBLIGATIONS, PARTICIPATIONS, OR OTHER INSTRUMENTS OF OR ISSUED
BY THE FEDERAL NATIONAL MORTGAGE ASSOCIATION OR THE GOVERNMENT NATIONAL
MORTGAGE ASSOCIATION,".
SEC. 15. THE BUDGET AND AUDIT PROVISIONS OF THE GOVERNMENT
CORPORATION CONTROL ACT (31 U.S.C. 841 ET SEQ.) SHALL BE APPLICABLE TO
THE FEDERAL FINANCING BANK IN THE SAME MANNER AS THEY ARE APPLIED TO THE
WHOLLY OWNED GOVERNMENT CORPORATIONS NAMED IN SECTION 101 OF SUCH ACT
(31 U.S.C. 846). //59 STAT. 597. 86 STAT. 1274.//
SEC. 16. (A) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, THE
PURCHASE BY THE BANK OF THE OBLIGATIONS OF ANY LOCAL PUBLIC BODY OR
AGENCY WITHIN THE UNITED STATES SHALL BE MADE UPON SUCH TERMS AND
CONDITONS AS MAY BE NECESSARY TO AVOID AN INCREASE IN BORROWING COSTS TO
SUCH LOCAL PUBLIC BODY OR AGENCY AS A RESULT OF THE PURCHASE BY THE BANK
OF ITS OBLIGATIONS. THE HEAD OF THE FEDERAL AGENCY GUARANTEEING SUCH
OBLIGATIONS, IN CONSULTATION WITH THE SECRETARY OF THE TREASURY, SHALL
ESTIMATE THE BORROWING COSTS THAT WOULD BE INCURRED BY THE LOCAL PUBLIC
BODY OR AGENCY IF ITS OBLIGATIONS WERE NOT SOLD TO THE BANK.
(B) THE FEDERAL AGENCY GUARANTEEING OBLIGATIONS PURCHASED BY THE BANK
MAY CONTRACT TO MAKE PERIODIC PAYMENTS TO THE BANK WHICH SHALL BE
SUFFICIENT TO OFFSET THE COSTS TO THE BANK OF PURCHASING OBLIGATIONS OF
LOCAL PUBLIC BODIES OR AGENCIES UPON TERMS AND CONDITIONS AS PRESCRIBED
IN THIS SECTION RATHER THAN AS PRESCRIBED BY SECTION 6. SUCH CONTRACTS
MAY BE MADE IN ADVANCE OF APPROPRIATIONS THEREFOR, AND APPROPRIATIONS
FOR MAKING PAYMENTS UNDER SUCH CONTRACTS ARE HEREBY AUTHORIZED.
SEC. 17. NOTHING IN THIS ACT SHALL BE CONSTRUED AS IMPAIRING ANY
AUTHORITY OR RESPONSIBILITY OF THE PRESIDENT OR THE SECRETARY OF THE
TREASURY UNDER ANY OTHER PROVISION OF LAW, NOR SHALL ANYTHING IN THIS
ACT AFFECT IN ANY MANNER ANY PROVISION OF LAW CONCERNING THE RIGHT OF
ANY FEDERAL AGENCY TO SELL OBLIGATIONS TO THE SECRETARY OF THE TREASURY
OR THE AUTHORITY OR RESPONSIBILITY OF THE SECRETARY OF THE TREASURY TO
PURCHASE SUCH OBLIGATIONS.
SEC. 18. NOTHING IN THIS ACT SHALL BE CONSTRUED AS AUTHORIZING AN
INCREASE IN THE AMOUNTS OF OBLIGATIONS ISSUED, SOLD, OR GUARANTEED BY
ANY FEDERAL AGENCY WHICH ISSUES, SELLS, OR GUARANTEES OBLIGATIONS
PURCHASED BY THE BANK.
SEC. 19. IF ANY PROVISION OF THIS ACT, OR THE APPLICATION THEREOF TO
ANY PERSON OR CIRCUMSTANCE, IS HELD INVALID, THE VALIDITY OF THE
REMAINDER OF THE ACT, AND THE APPLICATION OF SUCH PROVISIONS TO OTHER
PERSONS OR CIRCUMSTANCES, SHALL NOT BE AFFECTED.
SEC. 20. THIS ACT BECOMES EFFECTIVE UPON THE DATE OF ITS ENACTMENT,
EXCEPT THAT SECTION 7 BECOMES EFFECTIVE UPON THE EXPIRATION OF THIRTY
DAYS AFTER SUCH DATE.
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 299 (COMM. ON WAYS AND MEANS)
AND NO. 93 - 700 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 166 ACCOMPANYING S. 925
(COMM. ON BANKING, HOUSING AND URBAN AFFAIRS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
JUNE 22, S. 925 CONSIDERED AND PASSED SENATE. NOV. 6, CONSIDERED
AND D HOUSE. PASSEDNOV. 7, CONSIDERED AND PASSED SENATE, AMENDED,
IN LIEU OF S. 295. DEC. 19, HOUSE AND SENATE AGREED TO CONFERENCE
REPORT.
PUBLIC LAW 93-223; 87 STAT. 936
TO AMEND THE DISTRICT OF COLUMBIA MINIMUM WAGE ACT SO AS TO
ENABLE AIRLINE EMPLOYEES TO EXCHANGE DAYS AT REGULAR RATES OF
COMPENSATION, AND FOR OTHER PURPOSES.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTIION 4(B) OF
THE DISTRICT OF COLUMBIA MINIMUM WAGE ACT (D.C. CODE, SEC. 36 - 404(B)
IS AMENDED BY:
(1) STRICKING THE WORD "OR" FOLLOWING THE SEMICOLON IN
SUBPARAGRAPH (4); //80 STAT. 964; 84 STAT. 1938; 86 STAT.
658.//
(2) STRIKING THE PERIOD AT THE END OF SUBPARAGRAPH (5) AND
INSERTING IN LIEU THEREOF "; OR";
(3) INSERTING AFTER SUBPARAGRAPH (5) THE FOLLOWING NEW
SUBPARAGRAPH:
"(6) ANY EMPLOYEE EMPLOYED BY A CARRIER BY AIR WHO VOLUNTARILY
EXCHANGES WORKDAYS WITH ANOTHER EMPLOYEE FOR THE PRIMARY PURPOSE
OF UTILIZING AIR TRAVEL BENEFITS AVAILABLE TO SUCH EMPLOYEES.".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 656 (COMM. ON THE DISTRICT OF
COLUMBIA).
SENATE REPORT NO. 93 - 650 (COMM. ON THE DISTRICT OF
COLUMBIA).
CONGRESSIONAL RECORD, VOL. 119 (1973):
NOV. 26, CONSIDERED AND PASSED HOUSE. DEC. 20, CONSIDERED AND
PASSED SENATE.
PUBLIC LAW 93-222; 87 STAT. 914, HEALTH MAINTENANCE ORGANIZATION ACT
OF 1973
TO AMEND THE PUBLIC HEALTH SERVICE ACT TO PROVIDE ASSISTANCE
AND ENCOURAGEMENT FOR THE ESTABLISHMENT AND EXPANSION OF HEALTH
MAINTENANCE ORGANIZATIONS, AND FOR OTHER PURPOSES.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVE OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED,
SECTION 1. THIS ACT, WITH THE FOLLOWING TABLE OF CONTENTS, MAY BE
CITED AS THE "HEALTH MAINTENANCE ORGANIZATION ACT OF 1973".
SEC. 1. SHORT TITLE AND TABLE OF CONTENTS.
SEC. 2. HEALTH MAINTENANCE ORGANIZATIONS.
"SEC. 1301. REQUIREMENTS FOR HEALTH MAINTENANCE ORGANIZATIONS.
"SEC. 1302. DEFINITIONS.
"SEC. 1303. GRANTS AND CONTRACTS FOR FEASIBILITY SURVEYS.
"SEC. 1304. GRANTS, CONTRACTS, AND LOAN GUARANTEES FOR
PLANNING AND FORINITIAL DEVELOPMENT COSTS.
"SEC. 1305. LOANS AND LOAN GUARANTEES FOR INITIAL OPERATION
COSTS.
"SEC. 1306. APPLICATION REQUIREMENTS.
"SEC. 1307. ADMINISTRATION OF ASSISTANCE PROGRAMS.
"SEC. 1308. GENERAL PROVISIONS RELATING TO LOAN GUARANTEES AND
LOANS.
"SEC. 1309. AUTHORIZATIONS OF APPROPRIATIONS.
"SEC. 1310. EMPLOYEES' HEALTH BENEFITS PLANS.
"SEC. 1311. RESTRICTIVE STATE LAWS AND PRACTICES.
"SEC. 1312. CONTINUED REGULATION OF HEALTH MAINTENANCE
ORGANIZATIONS.
"SEC. 1313. LIMITATION ON SOURCE OF FUNDING FOR HEALTH
MAINTENANCE ORGANIZATIONS.
"SEC. 1314. PROGRAM EVALUATION.
"SEC. 1315. ANNUAL REPORT.".
SEC. 3. QUALITY ASSURANCE.
SEC. 4. HEALTH CARE QUALITY ASSURANCE PROGRAMS STUDY.
SEC. 5. REPORTS RESPECTING MEDICALLY UNDERSERVED AREAS AND
POPULATION GROUPS AND NON-METROPOLITAN AREAS.
SEC. 6. HEALTH SERVICES FOR INDIANS AND DOMESTIC
AGRICULTURAL MIGRATORY AND SEASONAL WORKERS.
SEC. 7. CONFORMING AMENDMENTS.
SEC. 2. THE PUBLIC HEALTH SERVICE ACT IS AMENDED BY ADDING AFTER
TITLE XII THE FOLLOWING NEW TITLE: //ANTE. P. 594.//
"SEC. 1301. (A) FOR PURPOSES OF THIS TITLE, THE TERM 'HEALTH
MAINTENANCE ORGANIZATION' MEANS A LEGAL ENTITY WHICH (1) PROVIDES BASIC
AND SUPPLEMENTAL HEALTH SERVICES TO ITS MEMBERS IN THE MANNER PRESCRIBED
BY SUBSECTION (B), AND (2) IS ORGANIZED AND OPERATED IN THE MANNER
PRESCRIBED BY SUBSECTION (C).
"(B) A HEALTH MAINTENANCE ORGANIZATION SHALL PROVIDE, WITHOUT
LIMITATIONS AS TO TIME OR COST OT)E^R THAN THOSE PRESCRIBED BY OR UNDER
THIS TITLE, BASIC AND SUPPLEMENTAL HEALTH SERVICES TO ITS MEMBERS IN THE
FOLLOWING MANNER:
"(1) EACH MEMBER IS TO BE PROVIDED BASIC HEALTH SERVICES FOR A
BASIC HEALTH SERVICES PAYMENT WHICH (A) IS TO BE PAID ON A
PERIODIC BASIS WITHOUT REGARD TO THE DATES HEALTH SERVICES (WITHIN
THE BASIC HEALTH SERVICES) ARE PROVIDED; (B) IS FIXED WITHOUT
REGARD TO THE FREQUENCY, EXTENT, OR KIND OF HEALTH SERVICE (WITHIN
THE BASIC HEALTH SERVICES) ACTUALLY FURNISHED; (C) IS FIXED UNDER
A COMMUNITY RATING SYSTEM; AND (D) MAY BE SUPPLEMENTED BY
ADDITIONAL NOMINAL PAYMENTS WHICH MAY BE REQUIRED FOR THE
PROVISION OF SPECIFIC SERVICES (WITHIN THE BASIC HEALTH SERVICES),
EXCEPT THAT SUCH PAYMENTS MAY NOT BE REQUIRED WHERE OR IN SUCH A
MANNER THAT THEY SERVE (AS DETERMINED UNDER REGULATIONS OF THE
SECRETARY) AS A BARRIER TO THE DELIVERY OF HEALTH SERVICES. SUCH
ADDITIONAL NOMINAL PAYMENTS SHALL BE FIXED IN ACCORDANCE WITH THE
REGULATIONS OF THE SECRETARY.
"(2) FOR SUCH PAYMENT OR PAYMENTS (HEREINAFTER IN THIS TITLE
REFERRED TO AS 'SUPPLEMENTAL HEALTH SERVICES PAYMENTS') AS THE
HEALTH MAINTENANCE ORGANIZATION MAY REQUIRE IN ADDITION TO THE
BASIC HEALTH SERVICES PAYMENT, THE ORGANIZATION SHALL PROVIDE TO
EACH OF ITS MEMBERS EACH HEALTH SERVICE (A) WHICH IS INCLUDED IN
SUPPLEMENTAL HEALTH SERVICES (AS DEFINED IN SECTION 1302(2), (B)
FOR WHICH THE REQUIRED HEALTH MANPOWER ARE AVAILABLE IN THE AREA
SERVED BY THE ORGANIZATION, AND (C) FOR THE PROVISION OF WHICH THE
MEMBER HAS CONTRACTED WITH THE ORGANIZATION. SUPPLEMENTAL HEALTH
SERVICES PAYMENTS WHICH ARE FIXED ON A PREPAYMENT BASIS SHALL BE
FIXED UNDER A COMMUNITY RATING SYSTEM.
1U "(3) THE SERVICES OF HEALTH PROFESSIONALS WHICH ARE
PROVIDED AS BASIC HEALTH SERVICES SHALL BE PROVIDED THROUGH HEALTH
PROFESSIONALS WHO ARE MEMBERS OF THE STAFF OF THE HEALTH
MAINTENANCE ORGANIZATION OR THROUGH A MEDICAL GROUP (OR GROUPS) OR
INDIVIDUAL PRACTICE ASSOCIATION (OR ASSOCIATIONS), EXCEPT THAT
THIS PARAGRAPH SHALL NOT APPLY IN THE CASE OF (A) HEALTH
PROFESSIONALS' SERVICES WHICH THE ORGANIZATION DETERMINES, IN
CONFORMITY WITH REGULATIONS OF THE SECRETARY, ARE UNUSUAL OR
INFREQUENTLY USED, OR (B) ANY BASIC HEALTH SERVICE PROVIDED A
MEMBER OF THE HEALTH MAINTENANCE ORGANIZATION OTHER THAN BY SUCH A
HEALTH PROFESSIONAL BECAUSE IT WAS MEDICALLY NECESSARY THAT THE
SERVICE BE PROVIDED TO THE MEMBER BEFORE HE COULD HAVE IT PROVIDED
BY SUCH A HEALTH PROFESSIONAL. FOR PURPOSES OF THIS PARAGRAPH,
THE TERM 'HEALTH PROFESSIONALS' MEANS PHYSICIANS, DENTISTS,
NURSES, PODIATRISTS, OPTOMETRISTS, AND SUCH OTHER INDIVIDUALS
ENGAGED IN THE DELIVERY OF HEALTH SERVICES AS THE SECRETARY MAY BE
REGULATION DESIGNATE.
"(4) BASIC HEALTH SERVICES (AND SUPPLEMENTAL HEALTH SERVICES IN
THE CASE OF THE MEMBERS WHO HAVE CONTRACTED THEREFOR) SHALL WITHIN
THE AREA SERVED BY THE HEALTH MAINTENANCE ORGANIZATION BE
AVAILABLE AND ACCESSIBLE TO EACH OF ITS MEMBERS PROMPTLY AS
APPROPRIATE AND IN A MANNER WHICH ASSURES CONTINUITY, AND WHEN
MEDICALLY NECESSARY BE AVAILABLE AND ACCESSIBLE TWENTY-FOUR HOURS
A DAY AND SEVEN DAYS A WEEK. A MEMBER OF A HEALTH MAINTENANCE
ORGANIZATION SHALL BE REIMBERSED BY THE ORGANIZATION FOR HIS
EXPENSES IN SECURING BASIC OR SUPPLEMENTAL HEALTH SERVICES OTHER
THAN THROUGH THE ORGANIZATION IF IT WAS MEDICALLY NECESSARY THAT
THE SERVICES BE PROVIDED BEFORE HE COULD SECURE THEM THROUGH THE
ORGANIZATION.
"(C) EACH HEALTH MAINTENANCE ORGANIZATION SHALL-
"(1) HAVE A FISCALLY SOUND OPERATION AND ADEQUATE PROVISION
AGAINST THE RISK OF INSOLVENCY WHICH IS SATISFACTORY TO THE
SECRETARY;
"(2) ASSUME FULL FINANCIAL RISK ON A PROSPECTIVE BASIS FOR THE
PROVISION OF BASIC HEALTH SERVICES, EXCEPT THAT A HEALTH
MAINTENANCE ORGANIZATION MAY OBTAIN INSURANCE OR MAKE OTHER
ARRANGEMENTS (A) FOR THE COST OF PROVIDING TO ANY MEMBER BASIC
HEALTH SERVICES THE AGGREGATE VALUE OF WHICH EXCEEDS $5,000 IN ANY
YEAR, OTHER THAN THROUGH THE ORGANIZATION BECAUSE MEDICAL
NECESSITY REQUIRED THEIR PROVISION BEFORE THEY COULD BE SECURED
THROUGH THE ORGANIZATION, AND (C) FOR NOT MORE THAN 90 PER CENTUM
OF THE AMOUNT BY WHICH ITS COSTS FOR ANY OF ITS FISCAL YEARS
EXCEED 115 PER CENTUM OF ITS INCOME FOR SUCH FISCAL YEAR;
"(3) ENROLL PERSONS WHO ARE BROADLY REPRESENTATIVE OF THE
VARIOUS AGE, SOCIAL, AND INCOME GROUPS WITHIN THE AREA IT SERVES,
EXCEPT THAT IN THE CASE OF A HEALTH MAINTENANCE ORGANIZATION WHICH
HAS A MEDICALLY UNDERSERVED POPULATION LOCATED (IN WHOLE OR IN
PART) IN THE AREA IT SERVES, NOT MORE THAN 75 PER CENTUM OF THE
MEMBERS OF THAT ORGANIZATION MAY BE ENROLLED FROM THE MEDICALLY
UNDERSERVED POPULATION UNLESS THE AREA IN WHICH SUCH POPULATION
RESIDES IS ALSO A RURAL AREA (AS DESIGNATED BY THE SECRETARY);
"(4) HAVE AN OPEN ENROLLMENT PERIOD OF NOT LESS THAN THIRTY
DAYS AT LEAST ONCE DURING EACH CONSECUTIVE TWELVE-MONTH PERIOD
DURING WHICH ENROLLMENT PERIOD IT ACCEPTS, UP TO ITS CAPACITY,
INDIVIDUALS IN THE ORDER IN WHICH THEY APPLY FOR ENROLLMENT,
EXCEPT THAT IF THE ORGANIZATION DEMONSTRATES TO THE SATISFACTION
OF THE SECRETARY THAT-
"(A) IT HAS ENROLLED, OR WILL BE COMPELLED TO ENROLL, A
DISPROPORTIONATE NUMBER OF INDIVIDUALS WHO ARE LIKELY TO UTILIZE
ITS SERVICES MORE OFTEN THAN AN ACTUARIALLY DETERMINED AVERAGE (AS
DETERMINED UNDER REGULATIONS OF THE SECRETARY) AND ENROLLMENT
DURING AN OPEN ENROLLMENT PERIOD OF AN ADDITIONAL NUMBER OF SUCH
INDIVIDUALS WILL JEOPARDIZE ITS ECONOMIC VIABILITY, OR
"(B) IF IT MAINTAINED AN OPEN ENROLLMENT PERIOD IT WOULD NOT BE
ABLE TO COMPLY WITH THE REQUIREMENTS OF PARAGRAPH (3), THE
SECRETARY MAY WAIVE COMPLIANCE BY THE ORGANIZATION WITH THE OPEN
ENROLLMENT REQUIREMENT OF THIS PARAGRAPH FOR NOT MORE THAN THREE
CONSECUTIVE TWELVE-MONTH PERIODS AND MAY PROVIDE ADDITIONAL
WAIVERS TO THAT ORGANIZATION IF IT MAKES THE DEMONSTRATION
REQUIRED BY SUBPARAGRAPH (A) OR (B);
"(5) NOT EXPEL OR REFUSE TO RE-ENROLL ANY MEMBER BECAUSE OF HIS
HEALTH STATUS OR HIS REQUIREMENTS FOR HEALTH SERVICES;
"(6) BE ORGANIZED IN SUCH A MANNER THAT ASSURES THAT (A) AT
LEAST ONE-THIRD OF THE MEMBERSHIP OF THE POLICYMAKING BODY OF THE
HEALTH MAINTENANCE ORGANIZATION WILL BE MEMBERS OF THE
ORGANIZATION, AND (B) THERE WILL BE EQUITABLE REPRESENTATION ON
SUCH BODY OF MEMBERS FROM MEDICALLY UNDERSERVED POPULATIONS SERVED
BY THE ORGANIZATION;
"(7) BE ORGANIZED IN SUCH A MANNER THAT PROVIDES MEANINGFUL
PROCEDURES FOR HEARING AND RESOLVING GRIEVANCES BETWEEN THE HEALTH
MAINTENANCE ORGANIZATION (INCLUDING THE MEDICAL GROUP OR GROUPS
AND OTHER HEALTH DELIVERY ENTITIES PROVIDING HEALTH SERVICES FOR
THE ORGANIZATION) AND THE MEMBERS OF THE ORGANIZATION;
"(8) )A^VE ORGANIZATIONAL ARRANGEMENTS, ESTABLISHED IN
ACCORDANCE WITH REGULATIONS OF THE SECRETARY, FOR AN ONGOING
QUALITY ASSURANCE PROGRAM FOR ITS HEALTH SERVICES WHICH PROGRAM
(A) STRESSES HEALTH OUTCOMES, AND (B) PROVIDES REVIEW BY
PHYSICIANS AND OTHER HEALTH PROFESSIONALS OF THE PROCESS FOLLOWED
IN THE PROVISION OF HEALTH SERVICES;
"(9) PROVIDE MEDICAL SOCIAL SERVICES FOR ITS MEMBERS AND
ENCOURAGE AND ACTIVELY PROVIDE FOR ITS MEMBERS HEALTH EDUCATION
SERVICES, EDUCATION IN THE APPROPRIATE USE OF HEALTH SERVICES, AND
EDUCATION IN THE CONTRIBUTION EACH MEMBER CAN MAKE TO THE
MAINTENANCE OF HIS OWN HEALTH;
"(10) PROVIDE, OR MAKE ARRANGEMENTS FOR, CONTINUING EDUCATION
FOR ITS HEALTH PROFESSIONAL STAFF; AND
"(11) PROVIDE, IN ACCORDANCE WITH REGULATIONS OF THE SECRETARY
(INCLUDING SAFEGUARDS CONCERNING THE CONFIDENTIALITY OF THE
DOCTOR-PATIENT RELATIONSHIP), AN EFFECTIVE PROCEDURE FOR
DEVELOPING, COMPILING, EVALUATING, AND REPORTING TO THE SECRETARY,
STATISTICS AND OTHER INFORMATION (WHICH THE SECRETARY SHALL
PUBLISH AND DISSEMINATE ON AN ANNUAL BASIS AND WHICH THE HEALTH
MAINTENANCE ORGANIZATION SHALL DISCLOSE, IN A MANNER ACCEPTABLE TO
THE SECRETARY, TO ITS MEMBERS AND THE GENERAL PUBLIC) RELATING TO
(A) THE COST OF ITS OPERATIONS, (B) THE PATTERNS OF UTILIZATION OF
ITS SERVICES, (C) THE AVAILABILITY, ACCESSIBILITY, AND
ACCEPTABILITY OF ITS SERVICES, (D) TO THE EXTENT PRACTICAL,
DEVELOPMENTS IN THE HEALTH STATUS OF ITS MEMBERS, AND (E) SUCH
OTHER MATTERS AS THE SECRETARY MAY REQUIRE.
"SEC. 1302. FOR PURPOSES OF THIS TITLE:
"(1) THE TERM 'BASIC HEALTH SERVICES' MEANS--
"(A) PHYSICIAN SERVICES (INCLUDING CONSULTANT AND REFERRAL
SERVICES BY A PHYSICIAN);
"(B) INPATIENT AND OUTPATIENT HOSPITAL SERVICES;
"(C) MEDICALLY NECESSARY EMERGENCY HEALTH SERVICES;
"(D) SHORT-TERM (NOT TO EXCEED TWENTY VISITS), OUTPATIENT
EVALUATIVE AND CRISIS INTERVENTION MENTAL HEALTH SERVICES;
"(E) MEDICAL TREATMENT AND REFERRAL SERVICES (INCLUDING
REFERRAL SERVICES TO APPROPRIATE ANCILLARY SERVICES) FOR THE ABUSE
OF OR ADDICTION TO ALCOHOL AND DRUGS;
"(F) DIAGNOSTIC LABORATORY AND DIAGNOSTIC AND THERAPEUTIC
RADIOLOGIC SERVICES;
"(G) HOME HEALTH SERVICES; AND
"(H) PREVENTIVE HEALTH SERVICES (INCLUDING VOLUNTARY FAMILY
PLANNING SERVICES, INFERTILITY SERVICES, PREVENTIVE DENTAL CARE
FOR CHILDREN, AND CHILDREN'S EYE EXAMINATIONS CONDUCTED TO
DETERMINE THE NEED FOR VISION CORRECTION).
IF A SERVICE OF A PHYSICIAN DESCRIBED IN THE PRECEDING SENTENCE MAY ALSO
BE PROVIDED UNDER APPLICABLE STATE LAW BY A DENTIST, OPTOMETRIST, OR
PODIATRIST, A HEALTH MAINTENANCE ORGANIZATION MAY PROVIDE SUCH SERVICE
THROUGH A DENTIST, OPTOMETRIST, OR PODIATRIST (AS THE CASE MAY BY)
LICENSED TO PROVIDE SUCH SERVICE. FOR PURPOSES OF THIS PARAGRAPH, THE
TERM 'HOME HEALTH SERVICES' MEANS HEALTH SERVICES PROVIDED AT A MEMBER'S
HOME BY HEALTH CARE PERSONNEL, AS PRESCRIBED OR DIRECTED BY THE
RESPONSIBLE PHYSICIAN OR OTHER AUTHORITY DESIGNATED BY THE HEALTH
MAINTENANCE ORGANIZATION. A HEALTH MAINTENANCE ORGANIZATION IS
AUTHORIZED, IN CONNECTION WITH THE PRESCRIPTION OF DRUGS, TO MAINTAIN,
REVIEW, AND EVALUATE (IN ACCORDANCE WITH REGULATIONS OF THE SECRETARY) A
DRUG USE PROFILE OF ITS MEMBERS RECEIVING SUCH SERVICE, EVALUATE
PATTERNS OF DRUG UTILIZATION TO ASSURE OPTIMUM DRUG THERAPY, AND PROVIDE
FOR INSTRUCTION OF ITS MEMBERS AND OF HEALTH PROFESSIONALS IN THE USE OF
PRESCRIPTION AND NON-PRESCRIPTION DRUGS.
"(2) THE TERM 'SUPPLEMENTAL HEALTH SERVICES' MEANS--
"(A) SERVICES OF FACILITIES FOR INTERMEDIATE AND LONG-TERM
CARE;
"(B) VISION CARE NOT INCLUDED AS A BASIC HEALTH SERVICE UNDER
PARAGRAPH (1) (A) OR (1) (H);
"(C) DENTAL SERVICES NOT INCLUDED AS A BASIC HEALTH SERVICE
UNDER PARAGRAPH (1) (A) OR (1) (H);
"(D) MENTAL HEALTH SERVICES NOT INCLUDED AS A BASIC HEALTH
SERVICE UNDER PARAGRAPH (1) (D);
"(E) LONG-TERM PHYSICAL MEDICINE AND REHABILITATIVE SERVICES
(INCLUDING PHYSICAL THERAPY); AND
"(F) THE PROVISION OF PRESCRIPTION DRUGS PRESCRIBED IN THE
COURSE OF THE PROVISION BY THE HEALTH MAINTENANCE ORGANIZATION OF
A BASIC HEALTH SERVICE OR A SERVICE DESCRIBED IN THE PRECEDING
SUBPARAGRAPHS OF THIS PARAGRAPH.
IF A SERVICE OF A PHYSICIAN DESCRIBED IN THE PRECEDING SENTENCE MAY ALSO
BE PROVIDED UNDER APPLICABLE STATE LAW BY A DENTIST, OPTOMETRIST, OR
PODIATRIST, A HEALTH MAINTENANCE ORGANIZATION MAY PROVIDE SUCH SERVICE
THROUGH A OPTOMETRIST, DENTIST, OR PODIATRIST (AS THE CASE MAY BE)
LICENSED TO PROVIDE SUCH SERVICE. A HEALTH MAINTENANCE ORGANIZATION IS
AUTHORIZED, IN CONNECTION WITH THE PRESCRIPTION OR PROVISION OF
PRESCRIPTION DRUGS, TO MAINTAIN, REVIEW, AND EVALUATE (IN ACCORDANCE
WITH REGULATIONS OF THE SECRETARY) A DRUG USE PROFILE OF ITS MEMBERS
RECEIVING SUCH SERVICES, EVALUATE PATTERNS OF DRUG UTILIZATION TO ASSURE
OPTIMUM DRUG T)E^RAPY, AND PROVIDE FOR INSTRUCTION OF ITS MEMBERS AND OF
HEALTH PROFESSIONALS IN THE USE OF PRESCRIPTION AND NON-PRESCRIPTION
DRUGS.
"(3) THE TERM 'MEMBER' WHEN USED IN CONNECTION WITH A HEALTH
MAINTENANCE ORGANIZATION MEANS AN INDIVIDUAL WHO HAS ENTERED INTO A
CONTRACTUAL ARRANGEMENT, OR ON SHOSE BEHALF A CONTRACTUAL ARRANGEMENT
HAS BEEN ENTERED INTO, WITH THE ORGANIZATION UNDER WHICH THE
ORGANIZATION ASSUMES THE RESPONSIBILITY FOR THE PROVISION TO SUCH
INDIVIDUAL OF BASIC HEALTH SERVICES AND OF SUCH SUPPLEMENTAL HEALTH
SERVICES AS MAY BE CONTRACTED FOR.
"(4) THE TERM 'MEDICAL GROUP' MEANS A PARTNERSHIP, ASSOCIATION, OR
OTHER GROUP--
"(A) WHICH IS COMPOSED OF HEALTH PROFESSIONALS LICENSED TO
PRACTICE MEDICINE OR OSTEOPATHY AND OF SUCH OT)E^R LICENSED HEALTH
PROFESSIONALS (INCLUDING DENTISTS, OPTOMETRISTS, AND PODIATRISTS)
AS ARE NECESSARY FOR THE PROVISION OF HEALTH SERVICES FOR WHICH
THE GROUP IS RESPONSIBLE;
"(B) A MAJORITY OF THE MEMBERS OF WHICH ARE LICENSED TO
PRACTICE MEDICINE OR OSTEOPATHY; AND
"(C) THE MEMBERS OF WHICH (I) AS THEIR PRINCIPAL PROFESSIONAL
ACTIVITY AND AS A GROUP RESPONSIBILITY ENGAGE IN THE COORDINATED
PRACTICE OF THEIR PROFESSION FOR A HEALTH MAINTENANCE
ORGANIZATION; (II) POOL THEIR INCOME FROM PRACTICE AS MEMBERS OF
THE GROUP AND DISTRIBUTE IT AMONG THEMSELVES ACCORDING TO A
PREARRANGED SALARY OR DRAWING ACCOUNT OR OTHER PLAN; (III) SHARE
MEDICAL AND OTHER RECORDS AND SUBSTANTIAL PORTIONS OF MAJOR
EQUIPMENT AND OF PROFESSIONAL, TECHNICAL, AND ADMINISTRATIVE
STAFF; (IV) UTILIZE SUCH ADDITIONAL PROFESSIONAL PERSONNEL,
ALLIED HEALTH PROFESSIONS PERSONNEL, AND OTHER HEALTH PERSONNEL
(AS SPECIFIED IN REGULATIONS OF THE SECRETARY) AS ARE AVAILABLE
AND APPROPRIATE FOR THE EFFECTIVE AND EFFCIENT DELIVERY OF THE
SERVICES OF THE MEMBERS OF THE GROUP; AND (V) ARRANGE FOR AND
ENCOURAGE CONTINUING EDUCATION IN THE FIELD OF CLINICAL MEDICINE
AND RELATED AREAS FOR THE MEMBERS OF THE GROUP.
"(5) THE TERM 'INDIVIDUAL PRACTICE ASSOCIATION' MEANS A PARTNERSHIP,
CORPORATION, ASSOCIATION, OR OTHER LEGAL ENTITY WHICH HAS ENTERED INTO A
SERVICES ARRANGEMENT (OR ARRANGEMENTS) WITH PERSONS WHO ARE LICENSED TO
PRACTICE MEDICINE, OSTEOPATHY, DENTISTRY, PODIATRY, OPTOMETRY, OR OTHER
HEALTH PROFESSION IN A STATE AND A MAJORITY OF WHOM ARE LICENSED TO
PRACTICE MEDICINE OR OSTEOPATHY. SUCH AN ARRANGEMENT SHALL PROVIDE--
"(A) THAT SUCH PERSONS SHALL PROVIDE THEIR PROFESSIONAL
SERVICES IN ACCORDANCE WITH A COMPENSATION ARRANGEMENT ESTABLISHED
BY THE ENTITY; AND
"(B) TO THE EXTENT FEASIBLE (I) THAT SUCH PERSONS SHALL UTILIZE
SUCH ADDITIONAL PROFESSIONAL PERSONNEL (AS SPECIFIED IN
REGULATIONS OF THE SECRETARY) AS ARE AVAILABLE AND APPROPRIATE FOR
THE EFFECTIVE AND EFFICIENT DELIVERY OF THE SERVICES OF THE
PERSONS WHO ARE PARTIES TO THE ARRANGEMENT, (II) FOR THE SHARING
BY SUCH PERSONS OF MEDICAL AND OTHER RECORDS, EQUIPMENT, AND
PROFESSIONAL, TECHNICAL, AND ADMINISTRATIVE STAFF, AND (III) FOR
THE ARRANGEMENT AND ENCOURAGEMENT OF THE CONTINUING EDUCATION OF
SUCH PERSONS IN THE FIELD OF CLINICAL MEDICINE AND RELATED AREAS.
"(6) THE TERM 'SECTION 314(A) STATE HEALTH PLANNING AGENCY' MEANS THE
AGENCY OF A STATE WHICH ADMINISTERS OR SUPERVISES THE ADMINISTRATION OF
A STATE'S HEALTH PLANNING FUNCTIONS UNDER A STATE PLAN APPROVED UNDER
SECTION 314(A) (HEREINAFTER IN THIS TITLE REFERRED TO AS A 'SECTION
314(A) PLAN'); AND THE TERM 'SECTION 314(B) AREAWIDE HEALTH PLANNING
AGENCY' MEANS A PUBLIC OR NONPROFIT PRIVATE AGENCY OR ORGANIZATION WHICH
HAS DEVELOPED A COMPREHENSIVE REGIONAL, METROPOLITAN, OR OTHER LOCAL
AREA PLAN OR PLANS REFERRED TO IN SECTION 314(B) (HEREINAFTER IN THIS
TITLE REFERRED TO AS A 'SECTION 314(B) PLAN'). //80 STAT. 1181. 42 USC
246.//
"(7) THE TERM 'MEDICALLY UNDERSERVED POPULATION' MEANS THE POPULATION
OF AN URBAN OR RURAL AREA DESIGNATED BY THE SECRETARY AS AN AREA WITH A
SHORTAGE OF PERSONAL HEALTH SERVICES OR A POPULATION GROUP DESIGNATED BY
THE SECRETARY AS HAVING A SHORTAGE OF SUCH SERVICES. SUCH A DESIGNATION
MAY BE MADE BY THE SECRETARY ONLY AFTER CONSIDERATION OF THE COMMENTS
(IF ANY) OF (A) EACH SECTION 314(A) STATE HEALTH PLANNING AGENCY WHOSE
SECTION 314(A) PLAN COVERS (IN WHOLE OR IN PART) SUCH URBAN OR RURAL
AREA OR THE AREA IN WHICH SUCH POPULATIONS GROUP RESIDES, AND (B) EACH
SECTION 314(B) AREAWIDE HEALTH PLANNING AGENCY WHOSE SECTION 314(B) PLAN
COVERS (IN WHOLE OR IN PART) SUCH URBAN OR RURAL AREA OR THE AREA IN
WHICH SUCH POPULATION GROUP RESIDES.
"(8) THE TERM 'COMMUNITY RATING SYSTEM' MEANS A SYSTEM OF FIXING
RATES OF PAYMENTS FOR HEALTH SERVICES. UNDER SUCH A SYSTEM RATES OF
PAYMENTS MAY BE DETERMINED ON A PER-PERSON OR PER-FAMILY BASIS AND MAY
VARY WITH THE NUMBER OF PERSONS IN A FAMILY, BUT EXCEPT AS OTHERWISE
AUTHORIZED IN THE NEXT SENTENCE, SUCH RATES MUST BE EQUIVALENT FOR ALL
INDIVIDUALS AND FOR ALL FAMILIES OF SIMILAR COMPOSITION. THE FOLLOWING
DIFFERENTIALS IN RATES OF PAYMENTS MAY BE ESTABLISHED UNDER SUCH SYSTEM:
"(A) NOMINAL DIFFERENTIALS IN SUCH RATES MAY BE ESTABLISHED TO
REFLECT THE DIFFERENT ADMINISTRATIVE COSTS OF COLLECTING PAYMENTS
FROM THE FOLLOWING CATEGORIES OF MEMBERS:
"(I) INDIVIDUAL MEMBERS (INCLUDING THEIR FAMILIES).
"(II) SMALL GROUPS OF MEMBERS (AS DETERMINED UNDER REGULATIONS
OF THE SECRETARY).
"(III) LARGE GROUPS OF MEMBERS (AS DETERMINED UNDER REGULATIONS
OF THE SECRETARY).
"(B) DIFFERENTIALS IN SUCH RATES MAY BE ESTABLISHED FOR MEMBERS
ENROLLED IN A HEALTH MAINTENANCE ORGANIZATION PURSUANT TO A
CONTRACT WITH A GOVERNMENTAL AUTHORITY UNDER SECTION 1079 OR 1086
OF TITLE 10, UNITED STATES CODE, OR UNDER ANY OTHER GOVERNMENTAL
PROGRAM (OTHER THAN THE HEALTH BENEFITS PROGRAM AUTHORIZED BY
CHAPTER 89 OF TITLE 5, UNITED STATES CODE) OR ANY HEALTH BENEFITS
PROGRAM FOR EMPLOYEES OF STATES, POLITICAL SUBDIVISIONS OF STATES,
AND OTHER PUBLIC ENTITIES. //80 STAT. 863. 5 USC 8901.//
"(9) THE TERM 'NON-METROPOLITAN AREA' MEANS AN AREA NO PART OF WHICH
IS WITHIN AN AREA DESIGNATED AS A STANDARD METROPOLITAN STATISTICAL AREA
BY THE OFFICE OF MANAGEMENT AND BUDGET AND WHICH DOES NOT CONTAIN A CITY
WHOSE POPULATION EXCEEDS FIFTY THOUSAND INDIVIDUALS.
"SEC. 1303. (A) THE SECRETARY MAY MAKE GRANTS TO AND ENTER INTO
CONTRACTS WITH PUBLIC OR NONPROFIT PRIVATE ENTI)I^ES FOR PROJECTS FOR
SURVEYS OR OTHER ACTIVITIES TO DETERMINE THE FEASIBILITY OF DEVELOPING
AND OPERATING OR EXPANDING THE OPERATION OF HEALTH MAINTENANCE
ORGANIZATIONS.
"(B) AN APPLICATION FOR A GRANT OR CONTRACT UNDER THIS SECTION SHALL
CONTAIN--
"(1) ASSURANCE SATISFACTORY TO THE SECRETARY THAT, IN
CONDUCTING SURVEYS OR OTHER ACTIVITIES WITH ASSISTANCE UNDER A
GRANT OR CONTRACT UNDER THIS SECTION, THE APPLICANT WILL (A)
COOPERATE WITH THE SECTION 314(B) AREAWIDE HEALTH PLANNING AGENCY
(IF ANY) WHOSE SECTION 314(B) PLAN COVERS (IN WHOLE OR IN PART)
THE AREA FOR WHICH THE SURVEY OR OTHER ACTIVITY WILL BE CONDUCTED,
AND (B) NOTIFY THE MEDICAL SOCIETY SERVING SUCH AREA OF SUCH
SURVEYS OR OTHER ACTIVITIES; AND //80 STAT. 1181; 84 STAT. 1304.
42 USC 246.//
"(2) SUCH OTHER INFORMATION AS THE SECRETARY MAY BY REGULATION
PRESCRIBE.
"(C) IN CONSIDERING APPLICATIONS FOR GRANTS AND CONTRACTS UNDER THIS
SECTION, THE SECRETARY SHALL GIVE PRIORITY TO AN APPLICATION WHICH
CONTAINS OR IS SUPPORTED BY ASSURANCES SATISFACTORY TO THE SECRETARY
THAT AT THE TIME THE HEALTH MAINTENANCE ORGANIZATION FOR WHICH SUCH
APPLICATION OR PROPOSAL IS SUBMITTED FIRST BECOMES OPERATIONAL NOT LESS
THAN 30 PER CENTUM OF ITS MEMBERS WILL BE MEMBERS OF A MEDICALLY
UNDERSERVED POPULATION.
"(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2), THE FOLLOWING
LIMITATIONS APPLY WITH RESPECT TO GRANTS AND CONTRACTS MADE UNDER THIS
SECTION:
"(A) IF A PROJECT HAS BEEN ASSISTED WITH A GRANT OR CONTRACT
UNDER SUBSECTION (A), THE SECRETARY MAY NOT MAKE ANY OTHER GRANT
OR ENTER INTO ANY OTHER CONTRACT UNDER THIS SECTION FOR SUCH
PROJECT.
"(B) ANY PROJECT FOR WHICH A GRANT IS MADE OR CONTRACT ENTERED
INTO MUST BE COMPLETED WITHIN TWELVE MONTHS FROM THE DATE THE
GRANT IS MADE OR CONTRACT ENTERED INTO.
"(2) THE SECRETARY MAY MAKE NOT MORE THAN ONE ADDITIONAL GRANT OR
ENTER INTO NOT MORE THAN ONE ADDITIONAL CONTRACT FOR A PROJECT FOR WHICH
A GRANT HAS PREVIOUSLY BEEN MADE OR A CONTRACT PREVIOUSLY ENTERED INTO,
AND HE MAY PERMIT ADDITIONAL TIME (UP TO TWELVE MONTHS) FOR COMPLETION
OF THE PROJECT IF HE DETERMINES THAT THE ADDITIONAL GRANT OR CONTRACT
(AS THE CASE MAY BE), OR ADDITIONAL TIME, OR BOTH, IS NEEDED TO
ADEQUATELY COMPLETE THE PROJECT.
"(E) THE AMOUNT TO BE PAID BY THE UNITED STATES UNDER A GRANT MADE,
OR CONTRACT ENTERED INTO, UNDER SUBSECTION (A) SHALL BE DETERMINED BY
THE SECRETARY, EXCEPT THAT (1) THE AMOUNT TO BE PAID BY THE UNITED
STATES UNDER ANY SINGLE GRANT OR CONTRACT FOR ANY PROJECT MAY NOT EXCEED
$50,000, AND (2) THE AGGREGATE OF THE AMOUNTS TO BE PAID BY THE UNITED
STATES FOR ANY PROJECT UNDER SUCH SUBSECTION UNDER GRANTS OR CONTRACTS,
OR BOTH, MAY NOT EXCEED THE GREATER OF (A) 90 PER CENTUM OF THE COST OF
SUCH PROJECT (AS DETERMINED UNDER REGULATIONS OF THE SECRETARY), OR (B)
IN THE CASE OF A PROJECT FOR A HEALTH MAINTENANCE ORGANIZATION WHICH
WILL SERVE A MEDICALLY UNDERSERVED POPULATION, SUCH GREATER PERCENTAGE
(UP TO 100 PER CENTUM) OF SUCH COST AS THE SECRETARY MAY PRESCRIBE IF HE
DETERMINES THAT THE CEILING ON THE GRANTS AND CONTRACTS FOR SUCH PROJECT
SHOULD BE DETERMINED BY SUCH GREATER PERCENTAGE.
"(F) PAYMENTS UNDER GRANTS UNDER THIS SECTION MAY BE MADE IN ADVANCE
OR BY WAY OF REIMBURSEMENT AND AT SUCH INTERVALS AND ON SUCH CONDITIONS
AS THE SECRETARY FINDS NECESSARY.
"(G) CONTRACTS MAY BE ENTERED INTO UNDER THIS SECTION WITHOUT REGARD
TO SECTIONS 3648 AND 3709 OF THE REVISED STATUTES (31 U.S.C. 529; 41
U.S.C. 5).
"(H) PAYMENTS UNDER GRANTS AND CONTRACTS UNDER THIS SECTION SHALL BE
MADE FROM APPROPRIATIONS MADE UNDER SECTION 1309(A). //POST, P.930.//
"(I) OF THE SUMS APPROPRIATED FOR ANY FISCAL YEAR UNDER SECTION
1309(A) FOR GRANTS AND CONTRACTS UNDER THIS SECTION, NOT LESS THAN 20
PER CENTUM SHALL BE SET ASIDE AND OBLIGATED IN SUCH FISCAL YEAR FOR
PROJECTS (1) TO DETERMINE THE FEASIBILITY OF DEVELOPING AND OPERATING OR
EXPANDING THE OPERATION OF HEALTH MAINTENANCE ORGANIZATIONS WHICH THE
SECRETARY DETERMINES MAY REASONABLY BE EXPECTED TO HAVE AFTER THEIR
DEVELOPMENT OR EXPANSION NOT LESS THAN 66 PER CENTUM OF THEIR MEMBERSHIP
DRAWN FROM RESIDENTS OF NON-METROPOLITAN AREAS, AND (2) THE APPLICATIONS
FOR WHICH MEET THE REQUIREMENTS OF THIS TITLE FOR APPROVAL. SUMS SET
ASIDE IN THE FISCAL YEAR ENDING JUNE 30, 1974, OR JUNE 30, 1975, FOR
PROJECTS DESCRIBED IN THE PRECEDING SENTENCE BUT NOT OBLIGATED IN SUCH
FISCAL YEAR FOR GRANTS AND CONTRACTS UNDER THIS SECTION BECAUSE OF A
LACK OF APPLICANTS FOR PROJECTS MEETING THE REQUIREMENTS OF SUCH
SENTENCE SHALL REMAIN AVAILABLE FOR OBLIGATION UNDER THIS SECTION IN THE
SUCCEEDING FISCAL YEAR FOR PROJECTS OTHER THAN THOSE DESCRIBED IN CLAUSE
(1) OF SUCH SENTENCE.
AND FOR INITIAL DEVELOPMENT COSTS
"SEC. 1304. (A) THE SECRETARY MAY--
"(1) MAKE GRANTS TO AND ENTER INTO CONTRACTS WITH
7 PUBLIC OR NONPROFIT PRIVATE ENTITIES FOR PLANNING PROJECTS
FOR THE ESTABLISHMENT OF HEALTH MAINTENANCE ORGANIZATIONS OR FOR
THE SIGNIFICANT EXPANSION OF THE MEMBERSHIP OF, OR AREAS SERVED
BY, HEALTH MAINTENANCE ORGANIZATIONS; AND
"(2) GUARANTEE TO NON-FEDERAL LENDERS PAYMENT OF THE PRINCIPAL
OF AND THE INTEREST ON LOANS MADE TO PRIVATE ENTITIES (OTHER THAN
NONPROFIT PRIVATE ENTITIES) FOR PLANNING PROJECTS FOR THE
ESTABLISHMENT OR EXPANSION OF HEALTH MAINTENANCE ORGANIZATIONS TO
SERVE MEDICALLY UNDERSERVED POPULATIONS.
PLANNING PROJECTS ASSISTED UNDER THIS SUBSECTION SHALL INCLUDE
DEVELOPMENT OF PLANS FOR T)E^ MARKETING OF THE SERVICES OF THE HEALTH
MAINTENANCE ORGANIZATION.
"(B)(1) THE SECRETARY MAY--
"(A) MAKE GRANTS TO AND ENTER INTO CONTRACTS WITH PUBLIC OR
NONPROFIT PRIVATE ENTITIES FOR PROJECTS FOR THE INITIAL
DEVELOPMENT OF HEALTH MAINTENANCE ORGANIZATIONS; AND
"(B) GUARANTEE TO NON-FEDERAL LENDERS PAYMENT OF THE PRINCIPAL
OF AND THE INTEREST ON LOANS MADE TO ANY PRIVATE ENTITY (OTHER
THAN A NONPROFIT PRIVATE ENTITY) FOR A PROJECT FOR THE INITIAL
DEVELOPMENT OF A HEALTH MAINTENANCE ORGANIZATION WHICH WILL SERVE
A MEDICALLY UNDERSERVED POPULATION.
"(2) FOR PURPOSES OF THIS SECTION, THE TERM 'INITIAL DEVELOPMENT'
WHEN USED TO DESCRIBE A PROJECT FOR WHICH ASSISTANCE IS AUTHORIZED BY
THIS SUBSECTION INCLUDES SIGNIFICANT EXPANSION OF THE MEMBERSHIP OF, OR
THE AREA SERVED BY, A HEALTH MAINTENANCE ORGANIZATION. FUNDS UNDER
GRANTS AND CONTRACTS UNDER THIS SUBSECTION AND UNDER LOANS GUARANTEED
UNDER THIS SUBSECTION MAY ONLY BE UTILIZED FOR SUCH PURPOSES AS THE
SECRETARY MAY PRESCRIBE IN REGULATIONS. SUCH PURPOSES MAY INCLUDE (A)
THE IMPLEMENTATION OF AN ENROLLMENT CAMPAIGN FOR SUCH AN ORGANIZATION,
(B) THE DETAILED DESIGN OF AND ARRANGEMENTS FOR THE HEALTH OF
ADMINISTRATIVE AND INTERNAL ORGANIZATIONAL ARRANGEMENTS, INCLUDING
FISCAL CONTROL AND FUND ACCOUNTING PROCEDURES, AND THE DEVELOPMENT OF A
CAPITAL FINANCING PROGRAM, (D) THE RECRUITMENT OF PERSONNEL FOR SUCH AN
ORGANIZATION AND THE CONDUCT OF TRAINING ACTIVITIES FOR SUCH PERSONNEL,
AND (E) THE PAYMENT OF ARCHITECTS' AND ENGINEERS' FEES.
"(3) A GRANT OR CONTRACT UNDER THIS SUBSECTION MAY ONLY BE MADE OR
ENTERED INTO FOR INITIAL DEVELOPMENT COSTS IN THE ONE-YEAR PERIOD
BEGINNING ON THE FIRST DAY OF THE FIRST MONTH IN WHICH SUCH GRANT OR
CONTRACT IS MADE OR ENTERED INTO. THE NUMBER OF GRANTS MADE FOR ANY
INITIAL DEVELOPMENT PROJECT UNDER THIS SUBSECTION WHEN ADDED TO THE
NUMBER OF CONTRACTS ENTERED INTO FOR SUCH PROJECT UNDER THIS SUBSECTION
MAY NOT EXCEED THREE. A LOAN GUARANTEE UNDER THIS SUBSECTION MAY ONLY
BE MADE FOR A LOAN (OR LOANS) FOR SUCH COSTS INCURRED IN A PERIOD NOT TO
EXCEED THREE YEARS.
"(C) (1) AN APPLICATION FOR A GRANT, CONTRACT, OR LOAN GUARANTEE
UNDER SUBSECTION (A) FOR A PLANNING PROJECT SHALL CONTAIN ASSURANCES
SATISFACTORY TO THE SECRETARY THAT IN CARRYING OUT THE PLANNING PROJECT
FOR WHICH THE GRANT, CONTRACT, OR LAON GUARANTEE IS SOUGHT, THE
APPLICANT WILL (A) COOPERATE WITH THE SECTION 314(B) AREAWIDE HEALTH
PLANNING AGENCY (IF ANY) WHOSE SECTION 314(B) PLAN COVERS (IN WHOLE OR
IN PART) THE AREA PROPOSED TO BE SERVED BY THE HEALTH MAINTENANCE
ORGANIZATION FOR WHICH THE PLANNING PROJECT WILL BE CONDUCTED, AND (B)
NOTIFY THE MEDICAL SOCIETY SERVING SUCH AREA OF THE PLANNING PROJECT.
//80 STAT. 1181; 84 STAT. 1304 42 USC 246.//
"(2) IF THE SECRETARY MAKES A GRANT OR LOAN GUARANTEE OR ENTERS INTO
A CONTRACT UNDER SUBSECTION (A) FOR A PLANNING PROJECT FOR A HEALTH
MAINTENANCE ORGANIZATION, HE MAY, WITHIN THE PERIOD IN WHICH THE
PLANNING PROJECT MUST BE COMPLETED, MAKE A GRANT OR LOAN GUARANTEE OR
ENTER INTO A CONTRACT UNDER SUBSECTION (B) FOR THE INITIAL DEVELOPMENT
OF THAT HEALTH MAINTENANCE ORGANIZATION; BUT NO GRANT OR LOAN GUARANTEE
MAY BE MADE OR CONTRACT ENTERED INTO UNDER SUBSECTION (B) FOR INITIAL
DEVELOPMENT OF A HEALTH MAINTENANCE ORGANIZATION UNLESS THE SECRETARY
DETERMINES THAT (A) SUFFICIENT PLANNING FOR ITS ESTABLISHMENT OR
EXPANSION (AS THE CASE MAY BE) HAS BEEN CONDUCTED BY THE APPLICANT FOR
THE GRANT, CONTRACT, OR LOAN GUARANTEE, AND (B) THE FEASIBILITY OF
ESTABLISHING AND OPERATING, OR OF EXPANDING, THE HEALTH MAINTENANCE
ORGANIZATION HAS BEEN ESTABLISHED BY THE APPLICANT.
"(D) IN CONSIDERING APPLICATIONS FOR GRANTS AND CONTRACTS UNDER THIS
SECTION, THE SECRETARY SHALL GIVE PRIORITY TO AN APPLICATION WHICH
CONTAINS OR IS SUPPORTED BY ASSURANCES SATISFACTORY TO THE SECRETARY
THAT AT THE TIME THE HEALTH MAINTENANCE ORGANIZATION FOR WHICH SUCH
APPLICATION IS SUBMITTED FIRST BECOMES OPERATIONAL NOT LESS THAN 30 PER
CENTUM OF ITS MEMBERS WILL BE MEMBERS OF A MEDICALLY UNDERSERVED
POPULATION.
"(E)(1) EXCEPT AS PROVIDED IN PARAGRAPH (2), THE FOLLOWING
LIMITATIONS APPLY WITH RESPECT TO GRANTS, LOAN GUARANTEES, AND CONTRACTS
MADE UNDER SUBSECTION (A) OF THIS SECTION:
"(A) IF A PLANNING PROJECT HAS BEEN ASSISTED WITH GRANT, LOAN
GUARANTEE, OR CONTRACT UNDER SUBSECTION (A), THE SECRETARY MAY NOT
MAKE ANY OTHER PLANNING GRANT OR LOAN GUARANTEE OR ENTER INTO ANY
OTHER PLANNING CONTRACT FOR SUCH PROJECT UNDER THIS SECTION.
"(B) ANY PROJECT FOR WHICH A GRANT OR LOAN GUARANTEE
7 IS MADE OR CONTRACT ENTERED INTO MUST BE COMPLETED WITHIN
TWELVE MONTHS FROM THE DATE THE GRANT OR LOAN GUARANTEE IS MADE OR
CONTRACT ENTERED INTO.
"(2) THE SECRETARY MAY NOT MAKE MORE THAN ONE ADDITIONAL GRANT OR
LOAN GUARANTEE OR ENTER INTO NOT MORE THAN ONE ADDITIONAL CONTRACT FOR A
PLANNING PROJECT FOR WHICH A GRANT OR LOAN GUARANTEE HAS PREVIOUSLY BEEN
MADE OR A CONTRACT PREVIOUSLY ENTERED INTO, AND HE MAY PERMIT ADDITIONAL
TIME (UP TO TWELVE MONTHS) FOR COMPLETION OF THE PROJECT IF HE
DETERMINES THAT THE ADDITIONAL GRANT, LOAN GUARANTEE, OR CONTRACT (AS
THE CASE MAY BE), OR ADDITIONAL TIME, OR BOTH, IS NEEDED TO ADEQUATELY
COMPLETE THE PROJECT.
"(F) (1) THE AMOUNT TO BE PAID BY THE UNITED STATES UNDER A GRANT
MADE, OR CONTRACT ENTERED INTO, UNDER SUBSECTION (A) FOR A PLANNING
PROJECT, AND (EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION)
THE AMOUNT OF PRINCIPAL OF A LOAN FOR A PLANNING PROJECT WHICH MAY BE
GUARANTEED UNDER SUCH SUBSECTION, SHALL BE DETERMINED BY THE SECRETARY,
EXCEPT THAT (A) THE AMOUNT TO BE PAID BY THE UNITED STATES UNDER ANY
SINGLE GRANT OR CONTRACT, AND THE AMOUNT OF PRINCIPAL OF ANY SINGLE LOAN
GUARANTEED UNDER SUCH SUBSECTION, MAY NOT EXCEED $125,000, AND (B) THE
AGGREGATE OF THE AMOUNTS TO BE PAID FOR ANY PROJECT BY THE UNITED STATES
UNDER GRANTS OR CONTRACTS, OR BOTH, UNDER SUCH SUBSECTION, AND THE
AGGREGATE AMOUNT OF PRINCIPAL OF LOANS GUARANTEED UNDER SUCH SUBSECTION
FOR ANY PROJECT, MAY NOT EXCEED THE GREATER OF (I) 90 PER CENTUM OF THE
COST OF SUCH PROJECT (AS DETERMINED UNDER REGULATIONS OF THE SECRETARY),
OR (II) IN THE CASE OF A PROJECT FOR A HELATH MAINTENANCE ORGANIZATION
WHICH WILL SERVE A MEDICALLY UNDERSERVED POPULATION, SUCH GREATER
PERCENTAGE (UP TO 100 PER CENTUM) OF SUCH COST AS THE SECRETARY MAY
PRESCRIBE IF HE DETERMINES THAT THE CEILING ON THE GRANTS, CONTRACTS,
AND LOAN GUARANTEES (OR ANY COMBINATION THEREOF) FOR SUCH PROJECT SHOULD
BE DETERMINED BY SUCH GREATER PERCENTAGE.
"(2) THE AMOUNT TO BE PAID BY THE UNITED STATES UNDER A GRANT MADE,
OR CONTRACT ENTERED INTO, UNDER SUBSECTION (B) FOR AN INITIAL
DEVELOPMENT PROJECT, AND (EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS
SUBSECTION) THE AMOUNT OF PRINCIPAL OF A LOAN FOR AN INITIAL DEVELOPMENT
PROJECT WHICH MAY BE GUARANTEED UNDER SUCH SUBSECTION, SHALL BE
DETERMINED BY THE SECRETARY; EXCEPT THAT THE AMOUNTS TO BE PAID BY THE
UNITED STATES FOR ANY INITIAL DEVELOPMENT PROJECT UNDER GRANTS OR
CONTRACTS, OR BOTH, UNDER SUCH SUBSECTION, AND THE AGGREGATE AMOUNT OF
PRINCIPAL OF LOANS GUARANTEED UNDER SUCH SUBSECTION FOR ANY PROJECT, MAY
NOT EXCEED THE LESSER OF--
"(A) $1,000,000, OR
"(B) AN AMOUNT EQUAL OF THE GREATER OF (I) 90 PER CENTUM OF THE
COST OF SUCH PROJECT (AS DETERMINED UNDER REGULATIONS OF THE
SECRETARY, OR (II) IN THE CASE OF A PROJECT FOR A HEALTH
MAINTENANCE ORGANIZATION WHICH WILL SERVE A MEDICALLY UNDERSERVED
POPULATION, SUCH GREATER PERCENTAGE (UP TO 100 PER CENTUM) OF SUCH
COST AS THE SECRETARY MAY PRESCRIBE IF HE DETERMINES THAT THE
CEILING ON THE GRANTS, CONTRACTS, AND LOAN GUARANTEES (OR ANY
COMBINATION THEREOF) FOR SUCH PROJECT SHOULD BE DETERMINED BY SUCH
GREATER PERCENTAGE.
"(3) THE CUMULATIVE TOTAL OF THE PRINCIPAL OF THE LOANS OUTSTANDING
AT ANY TIME WITH RESPECT TO WHICH GUARANTEES HAVE BEEN ISSUED UNDER THIS
SECTION MAY NOT EXCEED SUCH LIMITATIONS AS MAY BE SPECIFIED IN
APPROPRIATION ACTS.
"(G) PAYMENTS UNDER GRANTS UNDER THIS SECTION MAY BE MADE IN ADVANCE
OR BY WAY OF REIMBURSEMENT AND AT SUCH INTERVALS AND ON SUCH CONDITIONS
AS THE SECRETARY FINDS NECESSARY.
"(H) CONTRACTS MAY BE ENTERED INTO UNDER THIS SECTION WITHOUT REGARD
TO SECTIONS 3648 AND 3709 OF THE REVISED STATUTES (31 U.S.C. 529; 41
U.S.C.5).
"(I) PAYMENTS UNDER GRANTS AND CONTRACTS UNDER THIS SECTION SHALL BE
MADE FROM APPROPRIATIONS UNDER SECTION 1309(A). //POST. P. 930.//
"(J) LOAN GUARANTEES UNDER SUBSECTION (A) (2) FOR PLANNING PROJECTS
MAY BE MADE THROUGH THE FISCAL YEAR ENDING JUNE 30, 1976; AND LOAN
GUARANTEES UNDER SUBSECTION (B) (1) (B) FOR INITIAL DEVELOPMENT PROJECTS
MAY BE MADE THROUGH THE FISCAL YEAR ENDING JUNE 30, 1977.
"(K) (1) OF THE SUMS APPROPRIATED FOR ANY FISCAL YEAR UNDER SECTION
1309 (A) FOR GRANTS AND CONTRACTS UNDER SUBSECTION (A) OF THIS SECTION,
NOT LESS THAN 20 PER CENTUM SHALL BE SET ASIDE AND OBLIGATED IN SUCH
FISCAL YEAR FOR PROJECTS (A) TO PLAN THE ESTABLISHMENT OR EXPANSION OF
HEALTH MAINTENANCE ORGANIZATIONS WHICH THE SECRETARY DETERMINES MAY
REASONABLY BE EXPECTED TO HAVE AFTER THEIR ESTABLISHMENT OR EXPANSION
NOT LESS THAN 66 PER SENTUM OF THEIR MEMBERSHIP DRAWN FROM RESIDENTS OF
NON-METROPOLITAN AREAS, AND (B) THE APPLICATIONS FOR WHICH MEET THE
REQUIREMENTS OF THIS TITLE FOR APPROVAL. SUMS SET ASIDE IN THE FISCAL
YEAR ENDING JUNE 30, 1974, OR JUNE 30, 1975, FOR PROJECTS DESCRIBED IN
THE PRECEDING SENTENCE BUT NOT OBLIGATED IN SUCH FISCAL YEAR FOR GRANTS
AND CONTRACTS UNDER SUBSECTION (A) OF THIS SECTION BECAUSE OF A LACK OF
APPLICANTS FOR PROJECTS MEETING THE REQUIREMENTS OF SUCH SENTENCE SHALL
REMAIN AVAILABLE FOR OBLIGATION UNDER SUCH SUBSECTION IN THE SUCCEEDING
FISCAL YEAR FOR PROJECTS OTHER THAN THOSE DESCRIBED IN CLAUSE (A) OF
SUCH SENTENCE.
"(2) OF THE SUMS APPROPRIATED FOR ANY FISCAL YEAR UNDER SECTION
1309(A) FOR GRANTS AND CONTRACTS UNDER SUBSECTION (B) OF THIS SECTION,
NOT LESS THAN 20 PER CENTUM SHALL BE SET ASIDE AND OBLIGATED IN SUCH
FISCAL YEAR FOR PROJECTS (A) FOR THE INITIAL DEVELOPMENT OF HEALTH
MAINTENANCE ORGANIZATIONS WHICH THE SECRETARY DETERMINES MAY REASONABLY
BE EXPECTED TO HAVE AFTER THEIR INITIAL DEVELOPMENT NOT LESS THAN 66 PER
CENTUM OF THEIR MEMBERSHIP DRAWN FROM RESIDENTS OF NON-METROPOLITAN
AREAS, AND (B) THE APPLICATIONS FOR WHICH MEET THE REQUIREMENTS OF THIS
TITLE FOR APPROVAL. SUMS SET ASIDE IN THE FISCAL YEAR ENDING JUNE 30,
1974, OR IN EITHER OF THE NEXT TWO FISCAL YEARS FOR PROJECTS DESCRIBED
IN THE PRECEDING SENTENCE BUT NOT OBLIG-TED IN SUCH FISCAL YEAR FOR
GRANTS AND CONTRACTS UNDER SUBSECTION (B) OF THIS SECTION BECAUSE OF A
LACK OF APPLICANTS FOR PROJECTS MEETING THE REQUIREMENTS OF SUCH
SENTENCE SHALL REMAIN AVAILABLE FOR OBLIGATION UNDER SUCH SUBSECTION IN
THE SUCCEEDING FISCAL YEAR FOR PROJECTS OTHER THAN THOSE DESCRIBED IN
CLUSE (A) OF SUCH SENTENCE.
"SEC. 1305. (A) THE SECRETARY MAY--
"(1) MAKE LOANS TO PUBLIC OR NONPROFIT PRIVATE HEALTH
7 MAINTENANCE ORGANIZATIONS TO ASSIST THEM IN MEETING THE
AMOUNT BY WHICH THEIR OPERATING COSTS IN THE PERIOD OF THE FIRST
THIRTY-SIX MONTHS OF THEIR OPERATION EXCEED THEIR REVENUES IN THAT
PERIOD;
"(2) MAKE LOANS TO PUBLIC OR NONPROFIT PRIVATE HEALTH
MAINTENANCE ORGANIZATIONS TO ASSIST THEM IN MEETING THE AMOUNT BY
WHICH THEIR OPERATING COSTS, WHICH THE SECRETARY DETERMINES ARE
ATTRIBUTABLE TO SIGNIFICANT EXPANSION IN THEIR MEMBERSHIP OR AREA
SERVED AND WHICH ARE INCURRED IN THE PERIOD OF THE FIRST
THIRTY-SIX MONTHS OF THEIR OPERATION AFTER SUCH EXPANSION, EXCEED
THEIR REVENUES IN THAT PERIOD WHICH THE SECRETARY DETERMINES ARE
ATTRIBUTABLE TO SUCH EXPANSION; AND
"(3) GUARANTEE TO NON-FEDERAL LENDERS PAYMENT OF THE PRINCIPAL
OF AND THE INTEREST ON LOANS MADE TO ANY PRIVATE HEALTH
MAINTENANCE ORGANIZATION (OTHER THAN A PRIVATE NONPROFIT HEALTH
MAINTENANCE ORGANIZATION) FOR THE AMOUNTS REFERRED TO IN PARAGRAPH
(1) OR (2), BUT ONLY IF SUCH HEALTH MAINTENANCE ORGANIZATION WILL
SERVE A MEDICALLY UNDERSERVED POPULATION.
NO LOAN OR LOAN GUARANTEE MAY BE MADE UNDER THIS SUBSECTION FOR THE
OPERATING COSTS OF A HEALTH MAINTENANCE ORGANIZATION UNLESS THE
SECRETARY DETERMINES THAT THE ORGANIZATION HAS MADE ALL REASONABLE
ATTEMPTS TO MEET SUCH COSTS.
"(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2), THE PRINCIPAL AMOUNT OF
ANY LOAN MADE OR GUARANTEED UNDER SUBSECTION (A) IN ANY FISCAL YEAR FOR
A HEALTH MAINTENANCE ORGANIZATION MAY NOT EXCEED $1,000,000 AND THE
AGGREGATE AMOUNT OF PRINCIPAL OF LOANS MADE OR GUARANTEED, OR BOTH,
UNDER THIS SECTION FOR A HEALTH MAINTENANCE ORGANIZATION MAY NOT EXCEED
$2,500,000.
"(2) THE CUMULATIVE TOTAL OF THE PRINCIPAL OF THE LOANS OUTSTANDING
AT ANY TIME WHICH HAVE BEEN DIRECTLY MADE, OR WITH RESPECT TO WHICH
GUARANTEES HAVE BEEN ISSUED, UNDER SUBSECTION (A) MAY NOT EXCEED SUCH
LIMITATIONS AS MAY BE SPECIFIED IN APPROPRIATION ACTS.
"(C) LOANS UNDER THIS SECTION SHALL BE MADE FROM THE FUND ESTABLISHED
UNDER SECTION 1308(E). //POST, P. 930.//
"(D) A LOAN OR LOAN GUARANTEE MAY BE MADE UNDER THIS SECTION THROUGH
THE FISCAL YEAR ENDING JUNE 30, 1978.
"(E) OF THE SUMS USED FOR LOANS UNDER THIS SECTION IN ANY FISCAL YEAR
FROM THE LOAN FUND ESTABLISHED UNDER SECTION 1308(E), NOT LESS THAN 20
PER CENTUM SHALL BE USED FOR LOANS FOR PROJECTS (1) FOR THE INITIAL
OPERATION OF HEALTH MAINTENANCE ORGANIZATIONS WHICH THE SECRETARY
DETERMINES HAVE NOT LESS THAN 66 PER CENTUM OF THEIR MEMBERSHIP DRAWN
FROM RESIDENTS OF NONMETROPOLITAN AREAS, AND (2) THE APPLICATIONS FOR
WHICH MEET THE REQUIREMENTS OF THIS TITLE FOR APPROVAL.
"SEC. 1306. (A) NO GRANT, CONTRACT, LOAN, OR LOAN GUARANTEE MAY BE
MADE UNDER THIS TITLE UNLESS AN APPLICATION THEREFOR HAS BEEN SUBMITTED
TO, AND APPROVED BY, THE SECRETARY.
"(B) THE SECRETARY MAY NOT APPROVE AN APPLICATION FOR A GRANT,
CONTRACT, LOAN, OR LOAN GUARANTEE UNDER THIS TITLE UNLESS--
"(1) IN THE CASE OF AN APPLICATION FOR ASSISTANCE
7 UNDER SECTION 1303 OR 1304, SUCH APPLICATION MEETS THE 7 APPLICATION
REQUIREMENTS OF SUCH SECTION AND IN THE CASE
OF AN APPLICATION FOR A LOAN OR LOAN GUARANTEE, SUCH APPLICATION
MEETS THE REQUIREMENTS OF SECTION 1308; //ANTE. PP.920, 921.//
"(2) HE DETERMINES THAT THE APPLICANT MAKING THE APPLICATION
WOULD NOT BE ABLE TO COMPLETE THE PROJECT OR UNDERTAKING FOR WHICH
THE APPLICATION IS SUBMITTED WITHOUT THE ASSISTANCE APPLIED FOR;
"(3) THE APPLICATION CONTAINS SATISFACTORY SPECIFICATION OF THE
EXISTING OR ANTICIPATED (A) POPULATION GROUP OR GROUPS TO BE
SERVED BY THE PROPOSED OR EXISTING HEALTH MAINTENANCE ORGANIZATION
DESCRIBED IN THE APPLICATION, (B) MEMBERSHIP OF SUCH ORGANIZATION,
(C) METHODS, TERMS, AND PERIODS OF THE ENROLLMENT OF MEMBERS OF
SUCH ORGANIZATION, (D) ESTIMATED COSTS PER MEMBER OF THE HEALTH
AND EDUCATIONAL SERVICES TO BE PROVIDED BY SUCH ORGANIZATION AND
THE NATURE OF SUCH COSTS, (E) SOURCES OF PROFESSIONAL SERVICES FOR
SUCH ORGANIZATION, AND ORGANIZATIONAL ARRANGEMENTS OF SUCH
ORGANIZATION FOR PROVIDING HEALTH AND EDUCATIONAL SERVICES, (F)
ORGANIZATIONAL ARRANGEMENTS OF SUCH ORGANIZATION FOR AN ONGOING
QUALITY ASSURANCE PROGRAM IN CONFORMITY WITH THE REQUIREMTNS OF
SECTION 1301(C), (G) SOURCES OF PREPAYMENT AND OTHER FORMS OF
PAYMENT FOR THE SERVICES TO BE PROVIDED BY SUCH ORGANIZATION, (H)
FACILITIES, AND ADDITONAL CAPITAL INVESTMENTS AND SOURCES OF
FINANCING THEREFOR, AVAILABLE TO SUCH ORGANIZATION TO PROVIDE THE
LEVEL AND SCOPE OF SERVICES PROPOSED, (I) ADMINISTRATIVE,
MANAGERIAL, AND FINANCIAL ARRANGEMENTS AND CAPABILITIES OF SUCH
ORGANIZATION, (J) ROLE FOR MEMBERS IN THE PLANNING AND
POLICYMAKING FOR SUCH ORGANIZATION, (K) GRIEVANCE PROCEDURES FOR
MEMBERS OF SUCH ORGANIZATION, AND (L) EVALUATIONS OF THE SUPPORT
FOR AND ACCEPTANCE OF SUCH ORGANIZATION BY THE POPULATION TO BE
SERVED, THE SOURCES OF OPERATING SUPPORT, AND THE PROFESSIONAL
GROUPS TO BE INVOLVED OR AFFECTED THEREBY; //ANTE, P. 914.//
"(4) CONTAINS OR IS SUPPORTED BY ASSURANCES SATISFACTORY TO THE
SECRETARY THAT THE APPLICANT MAKING THE APPLICATION WILL, IN
ACCORDANCE WITH SUCH CRITERIA AS THE SECRETARY SHALL BE REGULATION
PRESCRIBE, ENROLL, AND MAINTAIN AN ENROLLMENT OF THE MAXIMUM
NUMBER OF MEMBERS THAT ITS AVAILABLE AND POTENTIAL RESOURCES (AS
DETERMINED UNDER REGULATIONS OF THE SECRETARY) WILL ENABLE IT TO
EFFECTIVELY SERVE;
"(5) THE SECTION 314(B) AREAWIDE HEALTH PLANNING AGENCY WHOSE
SECTION 314(B) PLAN COVERS (IN WHOLE OR IN PART) THE AREA TO BE
SERVED BY THE HEALTH MAINTENANCE ORGANIZATION FOR WHICH SUCH
APPLICATION IS SUBMITTED, OR IT THERE IS NO SUCH AGENCY, THE
SECTION 314(A) STATE HEALTH PLANNING AGENCY WHOSE SECTION 314(A)
PLAN COVERS (IN WHOLE OR IN PART) SUCH AREA, HAS, IN ACCORDANCE
WITH REGULATIONS OF THE SECRETARY UNDER SUBSECTION (C) OF THIS
SECTION, BEEN PROVIDED AN OPPORTUNITY TO REVIEW THE APPLICATION
AND TO SUBMIT TO THE SECRETARY FOR HIS CONSIDERATION ITS
RECOMMENDATIONS RESPECTING APPROVAL OF THE APPLICATION OR IF UNDER
APPLICABLE STATE LAW SUCH AN APPLICATION MAY NOT BE SUBMITTED
WITHOUT THE APPROVAL OF THE SECTION 314(B) AREAWIDE HEALTH
PLANNING AGENCY OF THE SECTION 314(A) STATE HEALTH PLANNING
AGENCY, THE REQUIRED APPROVAL HAS BEEN OBTAINED; //80 STAT. 1181;
84 STAT. 1304. 42 USC 246.//
"(6) IN THE CASE OF AN APPLICATION MADE FOR A PROJECT WHICH
PREVIOUSLY RECEIVED A GRANT, CONTRACT, LOAN, OR LOAN GUARANTEE
UNDER THIS TITLE, SUCH APPLICATION CONTAINS OR IS SUPPORTED BY
ASSURANCES SATISFACTORY TO THE SECRETARY THAT THE APPLICANT MAKING
THE APPLICATION HAS THE FINANCIAL CAPABILITY TO ADEQUATELY CARRY
OUT THE PURPOSES OF SUCH PROJECT AND HAS DEVELOPED AND OPERATED
SUCH PROJECT IN ACCORDANCE WITH THE REQUIREMENTS OF THIS TITLE AND
WITH THE PLANS CONTAINED IN PREVIOUS APPLICATIONS FOR SUCH
ASSISTANCE; AND
"(7) THE APPLICATION IS SUBMITTED IN SUCH FORM AND MANNER, AND
CONTAINS SUCH ADDITIONAL INFORMATION, AS THE SECRETARY SHALL
PRESCRIBE IN REGULATIONS.
AN ORGANIZATION MAKING MULTIPLE APPLICATIONS FOR MORE THAN ONE GRANT,
CONTRACT, LOAN, OR LOAN GUARANTEE UNDER THIS TITLE, SIMULTANEOUSLY OR
OVER THE COURSE OF TIME, SHALL NOT BE REQUIRED TO SUBMIT DUPLICATE OR
REDUNDANT INFORMATION BUT SHALL BE REQUIRED TO UPDATE THE SPECIFICATIONS
(REQUIRED BY PARAGRAPH (3) RESPECTING THE EXISTING OR PROPOSED HEALTH
MAINTENANCE ORGANIZATION IN SUCH MANNER AND WITH SUCH FREQUENCY AS THE
SECRETARY MAY BY REGULATION PRESCRIBE.
"(C) THE SECRETARY SHALL BY REGULATION ESTABLISH STANDARDS AND
PROCEDURES FOR SECTION 314(B) AREAWIDE HEALTH PLANNING AGENCIES AND
SECTION 314(A) STATE HEALTH PLANNING AGENCIES TO FOLLOW IN REVIEWING AND
COMMENTING ON APPLICATIONS FOR GRANTS, CONTRACTS, LOANS, AND LOAN
GUARANTEES UNDER THIS TITLE.
"SEC. 1307. (A) (1) EACH RECIPIENT OF A GRANT, CONTRACT, LOAN, OR
LOAN GUARANTEE UNDER THIS TITLE SHALL KEEP SUCH RECORDS AS THE SECRETARY
SHALL PRESCRIBE, INCLUDING RECORDS WHICH FULLY DISCLOSE THE AMOUNT AND
DISPOSITION BY SUCH RECIPIENT OF THE PROCEEDS OF THE GRANT, CONTRACT, OR
LOAN (DIRECTLY MADE OR GUARANTEED), THE TOTAL COST OF THE UNDERTAKING IN
CONNECTION WITH WHICH SUCH ASSISTANCE WAS GIVEN OR USED, THE AMOUNT OF
THAT PORTION OF THE COST OF THE UNDERTAKING SUPPLIED BY OTHER SOURCES,
AND SUCH OTHER RECORDS AS WILL FACILITATE AN EFFECTIVE AUDIT.
"(2) THE SECRETARY, OR ANY OF HIS DULY AUTHORIZED REPRESENTATIVES,
SHALL HAVE ACCESS FOR THE PURPOSE OF AUDIT AND EXAMINATION TO ANY BOOKS,
DOCUMENTS, PAPERS, AND RECORDS OF THE RECIPIENTS OF A GRANT, CONTRACT,
LOAN, OR LOAN GUARANTEE UNDER THIS TITLE WHICH RELATE TO SUCH
ASSISTANCE.
"(B) UPON EXPIRATION OF THE PERIOD FOR WHICH A GRANT, CONTRACT, LOAN,
OR LOAN GUARANTEE WAS PROVIDED AN ENTITY UNDER THIS TITLE, SUCH ENTITY
SHALL MAKE A FULL AND COMPLETE REPORT TO THE SECRETARY IN SUCH MANNER AS
HE MAY BY REGULATION PRESCRIBE. EACH SUCH REPORT SHALL CONTAIN, AMONG
SUCH OTHER MATTERS AS THE SECRETARY MAY BY REGULATION REQUIRE,
DESCRIPTIONS OF PLANS, DEVELOPMENTS, AND OPERATIONS RELATING TO THE
MATTERS REFERRED TO IN SECTION 1306(B) (3). //REPORT TO SECRETARY OF
H.E.W.// //ANTE. P. 925.//
"(C) IF IN ANY FISCAL YEAR THE FUNDS APPROPRIATED UNDER SECTION 1309
ARE INSUFFICIENT TO FUND ALL APPLICATIONS APPROVED UNDER THIS TITLE FOR
THAT FISCAL YEAR, THE SECRETARY SHALL, AFTER APPLYING THE APPLICABLE
PRIORITIES UNDER SECTIONS 1303 AND 1304, GIVE PRIORITY TO THE FUNDING OF
APPLICATIONS FOR PROJECTS WHICH THE SECRETARY DETERMINES ARE THE MOST
LIKELY TO BE ECONOMICALLY VIABLE. //POST. P. 930.//
"(D) AN ENTITY WHICH PROVIDES HEALTH SERVICES TO A DEFINED POPULATION
ON A PREPAID BASIS AND WHIC) ^HAS MEMBERS WHO ARE ENTITLED TO INSURANCE
BENEFITS UNDER TITLE XVIII OF THE SOCIAL SECURITY ACT OR TO MEDICAL
ASSISTANCE UNDER A STATE PLAN APPROVED UNDER TITLE XIX OF SUCH ACT MAY
BE CONSIDERED AS A HEALTH MAINTENANCE ORGANIZATION FOR PURPOSES OF
RECEIVING ASSISTANCE UNDER THIS TITLE IF-- //79 STAT. 291; 86 STAT.
1370. 42 USC 1395. 42 USC 1396.//
"(1) WITH RESPECT TO ITS MEMBERS WHO ARE ENTITLED TO SUCH
INSURANCE BENEFITS OR TO SUCH MEDICAL ASSISTANCE IT (A) PROVIDES
HEALTH SERVICES IN ACCORDANCE WITH SECTION 1301(B), EXCEPT THAT
(I) IT DOES NOT FURNISH TO THOSE MEMBERS THE HEALTH SERVICES
(WITHIN THE BASIC HEALTH SERVICES) FOR WHICH IT MAY NOT BE
COMPENSATED UNDER SUCH TITLE XVIII OR SUCH STATE PLAN, AND (II) IT
DOES NOT FIX THE BASIC OR SUPPLEMENTAL HEALTH SERVICES PAYMENT FOR
SUCH MEMBERS UNDER A COMMUNITY RATING SYSTEM, AND (B) IS ORGANIZED
AND OPERATED IN THE MANNER PRESCRIBED BY SECTION 1301( C), EXCEPT
THAT IT DOES NOT ASSUME FULL FINANCIAL RISK ON A PROSPECTIVE BASIS
FOR THE PROVISION TO SUCH MEMBERS OF BASIC OR SUPPLEMENTAL HEALTH
SERVICES WITH RESPECT TO WHICH IT IS NOT REQUIRED UNDER SUCH TITLE
XVIII OR SUCH STATE PLAN TO ASSUME SUCH FINANCIAL RISK; AND
"(2) WITH RESPECT TO ITS OTHER MEMBERS IT PROVIDES HEALTH
SERVICES IN ACCORDANCE WITH SECTION 1301(B) AND IS ORGANIZED AND
OPERATED IN THE MANNER PRESCRIBED BY SECTION 1301(C).
"(E) IN ANY FISCAL YEAR NO LOAN GUARANTEE MAY BE MADE UNDER THIS
TITLE IF THE MAKING OF SUCH GUARANTEE WOULD CAUSE THE CUMULATIVE TOTAL
OF THE PRINCIPAL OF THE LOANS GUARANTEED UNDER THIS TITLE IN SUCH FISCAL
YEAR TO EXCEED THE AMOUNT OF GRANT AND CONTRACT FUNDS OBLIGATED UNDER
THIS TITLE IN SUCH FISCAL YEAR; EXCEPT THAT THIS SUBSECTION SHALL NOT
APPLY IF THE AMOUNT OF GRANT AND CONTRACT FUNDS OBLIGATED UNDER THIS
TITLE IN SUCH FISCAL YEAR EQUALS THE SUMS APPROPRIATED UNDER SECTION
1309 FOR GRANTS AND CONTRACTS FOR SUCH FISCAL YEAR.
"SEC. 1308. (A) (1) THE SECRETARY MAY NOT APPROVE AN APPLICATION FOR
A LOAN GUARANTEE UNDER THIS TITLE UNLESS HE DETERMINES THAT (A) THE
TERMS, CONDITIONS, SECURITY (IF ANY), AND SCHEDULE AND AMOUNT OF
REPAYMENTS WITH RESPECT TO THE LOAN ARE SUFFICIENT TO PROTECT THE
FINANCIAL INTERESTS OF THE UNITED STATES AND ARE OTHERWISE REASONABLE,
INCLUDING A DETERMINATION THAT THE RATE OF INTEREST DOES NOT EXCEED SUCH
PER CENTUM PER ANNUM ON THE PRINCIPAL OBLIGATION OUTSTANDING AS THE
SECRETARY DETERMINES TO BE REASONABLE, TAKING INTO ACCOUNT THE RANGE OF
INTEREST RATES PREVAILING IN THE PRIVATE MARKET FOR SIMILAR LOANS AND
THE RISKS ASSUMED BY THE UNITED STATES, AND (B) THE LOAN WOULD NOT BE
AVAILABLE ON REASONABLE TERMS AND CONDITIONS WITHOUT THE GUARANTEE UNDER
THIS TITLE.
"(2) (A) THE UNITED STATES SHALL BE ENTITLED TO RECOVER FROM THE
APPLICANT FOR A LOAN GUARANTEE UNDER THIS TITLE THE AMOUNT OF ANY
PAYMENT MADE PURSUANT TO SUCH GUARANTEE, UNLESS THE SECRETARY FOR GOOD
CAUSE WAIVES SUCH RIGHT OF RECOVERY; AND, UPON MAKING ANY SUCH PAYMENT,
THE UNITED STATES SHALL BE SUBROGATED TO ALL OF THE RIGHTS OF THE
RECIPIENT OF THE PAYMENTS WITH RESPECT TO WHICH THE GUARANTEE WAS MADE.
"(B) TO THE EXTENT PERMITTED BY SUBPARAGRAPH (C), ANY TERMS AND
CONDITIONS APPLICABLE TO A LOAN GUARANTEE UNDER THIS TITLE (INCLUDING
TERMS AND CONDITIONS IMPOSED UNDER SUBPARAGRAPH (D) MAY BE MODIFIED BY
THE SECRETARY TO THE EXTENT HE DETERMINES IT TO BE CONSISTENT WITH THE
FINANCIAL INTEREST OF THE UNITED STATES.
"(C) ANY LOAN GUARANTEE MADE BY THE SECRETARY UNDER THIS TITLE SHALL
BE INCONTESTABLE (I) IN THE HANDS OF AN APPLICANT ON WHOSE BEHALF SUCH
GUARANTEE IS MADE UNLESS THE APPLICANT ENGAGED IN FRAUD OR
MISREPRESENTATION IN SECURING SUCH GUARANTEE, AND (II) AS TO ANY PERSON
(OR HIS SUCCESSOR IN INTEREST) WHO MAKES OR CONTRACTS TO MAKE A LOAN TO
SUCH APPLICANT IN RELIANCE THEREON UNLESS SUCH PERSON (OR HIS SUCCESSOR
IN INTEREST) ENGAGED IN FRAUD OR MISREPRESENTATION IN MAKING OR
CONTRACTING TO MAKE SUCH LOAN.
"(D) GUARANTEES OF LOANS UNDER THIS TITLE SHALL BE SUBJECT TO SUCH
FURTHER TERMS AND CONDITIONS AS THE SECRETARY DETERMINES TO BE NECESSARY
TO ASSURE THAT THE PURPOSES OF THIS TITLE WILL BE ACHIEVED.
"(B) (1) THE SECRETARY MAY NOT APPROVE AN APPLICATION FOR A LOAN
UNDER THIS TITLE UNLESS--
"(A) THE SECRETARY IS REASONABLY SATISFIED THAT THE APPLICANT
THEREFOR WILL BE ABLE TO MAKE PAYMENTS OF PRINCIPAL AND INTEREST
THEREON WHEN DUE, AND
1U "(B) THE APPLICANT PROVIDES THE SECRETARY WITH REASONABLE
ASSURANCES THAT THERE WILL BE AVAILABLE TO IT SUCH ADDITIONAL
FUNDS AS MAY BE NECESSARY TO COMPLETE THE PROJECT OR UNDERTAKING
WITH RESPECT TO WHICH SUCH LOAN IS REQUESTED.
"(2) ANY LOAN MADE UNDER THIS TITLE SHALL (A) HAVE SUCH SECURITY, (B)
HAVE SUCH MATURITY DATE, (C) BE REPAYABLE IN SUCH INSTALLMENTS,
PREVAILING, ON THE DATE THE LOAN IS MADE, WITH RESPECT TO LOANS
GUARANTEED UNDER THIS TITLE, AND (E) BE SUBJECT TO SUCH OTHER TERMS AND
CONDITIONS (INCLUDING PROVISIONS FOR RECOVERY IN CASE OF DEFAULT), AS
THE SECRETARY DETERMINES TO BE NECESSARY TO CARRY OUT THE PURPOSES OF
THIS TITLE WHILE ADEQUATELY PROTECTING THE FINANCIAL INTERESTS OF THE
UNITED STATES.
"(3) THE SECRETARY MAY, FOR GOOD CAUSE BUT WITH DUE REGARD TO THE
FINANCIAL INTERESTS OF THE UNITED STATES, WAIVE ANY RIGHT OF RECOVERY
WHICH HE HAS BY REASON OF THE FAILURE OF A BORROWER TO MAKE PAYMENTS OF
PRINCIPAL OF AND INTEREST ON A LOAN MADE UNDER THIS TITLE, EXCEPT THAT
IF SUCH LOAN IS SOLD AND GUARANTEED, ANY SUCH WAIVER SHALL HAVE NO
EFFECT UPON THE SECRETARY'S GUARANTEE OF TIMELY PAYMENT OF PRINCIPAL AND
INTEREST.
"(C) (1) THE SECRETARY MAY FROM TIME TO TIME, BUT WITH DUE REGARD TO
THE FINANCIAL INTEREST OF THE UNITED STATES, SELL LOANS MADE BY HIM
UNDER THIS TITLE.
"(2) THE SECRETARY MAY AGREE, PRIOR TO HIS SALE OF ANY SUCH LOAN, TO
GUARANTEE TO THE PURCHASER (AND ANY SUCCESSOR IN INTEREST OF THE
PURCHASER) COMPLIANCE BY THE BORROWER WITH THE TERMS AND CONDITIONS OF
SUCH LOAN. ANY SUCH AGREEMENT SHALL CONTAIN SUCH TERMS AND CONDITIONS
AS THE SECRETARY CONSIDERS NECESSARY TO PROTECT THE FINANCIAL INTEREST
OF THE UNITED STATES OR AS OTHERWISE APPROPRIATE. ANY SUCH AGREEMENT
MAY (A) PROVIDE THAT THE SECRETARY SHALL ACT AS AGENT OF ANY SUCH
PURCHASER FOR THE PURPOSE OF COLLECTING FROM THE BORROWER TO WHICH SUCH
LOAN WAS MADE AND PAYING OVER TO SUCH PURCHASER, ANY PAYMENTS OF
PRINCIPAL AND INTEREST PAYABLE BY SUCH ORGANIZATION UNDER SUCH LOAN;
AND (B) PROVIDE FOR THE REPURCHASE BY THE SECRETARY OF ANY SUCH LOAN ON
SUCH TERMS AND CONDITIONS AS MAY BE SPECIFIED IN THE AGREEMENT. THE
FULL FAITH AND CREDIT OF THE UNITED STATES IS PLEDGED TO THE PAYMENT OF
ALL AMOUNTS WHICH MAY BE REQUIRED TO BE PAID UNDER ANY GUARANTEE UNDER
THIS PARAGRAPH.
"(3) AFTER ANY LOAN UNDER THIS TITLE TO A PUBLIC HEALTH MAINTENANCE
ORGANIZATION HAS BEEN SOLD AND GUARANTEED UNDER THIS SUBSECTION,
INTEREST PAID ON SUCH LOAN WHICH IS RECEIVED BY THE PURCHASER THEROF (OR
HIS SUCCESSOR IN INTEREST) SHALL BE INCLUDED IN THE GROSS INCOME OF THE
PURCHASER OF THE LOAN (OR HIS SUCCESSOR IN INTEREST) FOR THE PURPOSE OF
CHAPTER 1 OF THE INTERNAL REVENUE CODE OF 1954.
"(4) AMOUNTS RECEIVED BY THE SECRETARY AS PROCEEDS FROM THE SALE OF
LOANS UNDER THIS SUBSECTION SHALL BE DEPOSITED IN THE LOAN FUND
ESTABLISHED UNDER SUBSECTION (E). //68A STAT. 3. 26 USC 1 ET SEQ.//
"(D) (1) THERE IS ESTABLISHED IN THE TREASURY A LOAN GUARANTEE FUND
(HEREINAFTER IN THIS SUBSECTION REFERRED TO AS THE 'FUND') WHICH SHALL
BE AVAILABLE TO THE SECRETARY WITHOUT FISCAL YEAR LIMITATION, IN SUCH
AMOUNTS AS MAY BE SPECIFIED FROM TIME TO TIME IN APPROPRIATION ACTS, TO
ENABLE HIM TO DISCHARGE HIS RESPONSIBILITIES UNDER LOAN GUARANTEES
ISSUED BY HIM UNDER THIS TITLE. THERE ARE AUTHORIZED TO BE APPROPRIATED
FROM TIME TO TIME SUCH AMOUNTS AS MAY BE NECESSARY TO PROVIDE THE SUMS
REQUIRED FOR THE FUND. TO THE EXTENT AUTHORIZED IN APPROPRIATION ACTS,
THERE SHALL ALSO BE DEPOSITED IN THE FUND AMOUNTS RECEIVED BY THE
SECRETARY IN CONNECTION WITH LOAN GUARANTEES UNDER THIS TITLE AND OTHER
PROPERTY OR ASSETS DERIVED BY HIM FROM HIS OPERATION RESPECTING SUCH
LOAN GUARANTEES, INCLUDING ANY MONEY DERIVED FROM THE SALE OF ASSETS.
"(2) IF AT ANY TIME THE SUMS IN THE FUNDS ARE INSUFFICIENT TO ENABLE
THE SECRETARY TO DISCHARGE HIS RESPONSIBILITIES UNDER GUARANTEES ISSUED
BY HIM UNDER THIS TITLE, HE IS AUTHORIZED TO ISSUE TO THE SECRETARY OF
THE TREASURY NOTES OR OTHER OBLIGATIONS IN SUCH FORMS AND DENOMINATIONS,
BEARING SUCH MATURITIES, AND SUBJECT TO SUCH TERMS AND CONDITIONS, AS
MAY BE PRESCRIBED BY THE SECRETARY WITH THE APPROVAL OF THE SECRETARY OF
THE TREASURY. SUCH NOTES OR OTHER OBLIGATIONS SHALL BEAR INTEREST AT A
RATE DETERMINED BY THE SECRETARY OF THE TREASURY, TAKING INTO
CONSIDERATION THE CURRENT AVERAGE MARKET YIELD ON OUTSTANDING MARKETABLE
OBLIGATIONS OF THE UNITED STATES OF COMPARABLE MATURITIES DURING THE
MONTH PRECEDING THE ISSUANCE OF THE NOTES OR OTHER OBLIGATIONS. THE
SECRETARY OF THE TREASURY SHALL PURCHASE ANY NOTES AND OTHER OBLIGATIONS
ISSUED UNDER THIS PARAGRAPH AND FOR THAT PURPOSE HE MAY USE AS A PUBLIC
DEBT TRANSACTION THE PROCEEDS FROM THE SALE OF ANY SECURITIES ISSUED
UNDER THE SECOND LIBERTY BOND ACT, AND THE PURPOSES FOR WHICH THE
SECURITIES MAY BE ISSUED UNDER THAT ACT ARE EXTENDED TO INCLUDE ANY
PURCHASE OF SUCH NOTES AND OBLIGATIONS. THE SECRETARY OF THE TREASURY
MAY AT ANY TIME SELL ANY OF THE NOTES OR OTHER OBLIGATIONS ACQUIRED BY
HIM UNDER THIS PARAGRAPH. ALL REDEMPTIONS, PURCHASES, AND SALES BY THE
SECRETARY OF THE TREASURY OF SUCH NOTES OR OTHER OBLIGATIONS SHALL BE
TREATED AS PUBLIC DEBT TREANSACTIONS OF THE UNITED STATES. //40 STAT.
288. 31 USC 774.// SUMS BORROWED UNDER THIS PARAGRAPH SHALL BE
DEPOSITED IN THE FUND AND REDEMPTION OF SUCH NOTES AND OBLIGATIONS SHALL
BE MADE BY THE SECRETARY FROM THE FUND.
"(E) THERE IS ESTABLISHED IN THE TREASURY A LOAN FUND (HEREINAFTER IN
THE SUBSECTION REFERRED TO AS THE 'FUND') WHICH SHALL BE AVAILABLE TO
THE SECRETARY WITHOUT FISCAL YEAR LIMITATION, IN SUCH AMOUNTS AS MAY BE
SPECIFIED FROM TIME TO TIME IN APPROPRIATION ACTS, TO ENABLE HIM TO MAKE
LOANS UNDER THIS TITLE. THERE SHALL ALSO BE DEPOSITED IN THE FUND
AMOUNTS RECEIVED BY THE SECRETARY AS INTEREST PAYMENTS AND REPAYMENT OF
PRINCIPAL ON LOANS MADE UNDER THIS TITLE AND OTHER PROPERTY OR ASSETS
DERIVED BY HIM FROM HIS OPERATIONS RESPECTING SUCH LOANS, FROM THE SALE
OF LOANS JUNDER SUBSECTION (C) OF THIS SECTION, OR FROM THE SALE OF
ASSETS.
"SEC. 1309. (A) FOR THE PURPOSE OF MAKING PAYMENTS UNDER GRANTS AND
CONTRACTS UNDER SECTION 1303, 1304(A), AND 1304(B), THERE ARE AUTHORIZED
TO BE APPROPRIATED $25,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974,
$55,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1975, AND $85,000,000
FOR THE FISCAL YEAR ENDING JUNE 30, 1976; AND FOR THE PURPOSE OF MAKING
PAYMENTS UNDER GRANTS AND CONTRACTS UNDER SECTION 1304(B) FOR THE FISCAL
YEAR ENDING JUNE 30, 1977, THERE IS AUTHORIZED TO BE APPROPRIATED
$85,000,000.
"(B) THERE IS AUTHORIZED TO BE APPROPRIATED TO THE LOAN FUND
ESTABLISHED UNDER SECTION 1308(E) $75,000,000 IN THE AGGREGRATE FOR THE
FISCAL YEARS ENDING JUNE 30, 1974, AND JUNE 30, 1975.
"SEC 1310. (A) EACH EMPLOYER WHICH IS REQUIRED DURING ANY CALENDAR
QUARTER TO PAY ITS EMPLOYEES THE MINIMUM WAGE SPECIFIED BY SECTION 6 OF
THE FIAR LABOR STANDARDS ACT OF 1938 (OR WOULD BE REQUIRED TO PAY HIS
EMPLOYEES SUCH WAGE BUT FOR SECTION 13(A) OF SUCH ACT), AND WHICH DURING
SUCH CALENDAR QUARTER EMPLOYED AN AVERAGE NUMBER OF EMPLOYEES OF NOT
LESS THAN TWENTY-FIVE, SHALL, IN ACCORDANCE WITH REGULATIONS WHICH THE
SECRETARY SHALL PRESCRIBE, INCLUDE IN ANY HEALTH BENEFITS PLAN OFFERED
TO ITS EMPLOYEES IN THE CALENDAR YEAR BEGINNING AFTER SUCH CALENDAR
QUARTER THE OPTION OF MEMBERSHIP IN QUALIFIED HEALTH MAINTENANCE
ORGANIZATIONS WHICH ARE ENGAGED IN THE PROVISION OF BASIC AND
SUPPLEMENTAL HEALTH SERVICES IN THE AREAS IN WHICH SUCH EMPLOYEES
RESIDE. //52 STAT. 1062; 72 STAT. 56; 80 STAT. 838. 29 USC 201. 75
STAT. 71; 80 STAT. 833; 86 STAT. 375. 29 USC 213.//
"(B) IF THERE IS MORE THAN ONE QUALIFIED HEALTH MAINTENANCE
ORGANIZATION WHICH IS ENGAGED IN THE PROVISION OF BASIC AND SUPPLEMENTAL
HEALTH SERVICES IN THE AREA IN WHICH THE EMPLOYEES OF AN EMPLOYER
SUBJECT TO SUBSECTION (A) RESIDE AND IF--
"(1) ONE OR MORE OF SUCH ORGANIZATIONS PROVIDES BASIC HEALTH
SERVICES THROUGH PROFESSIONALS WHO ARE MEMBERS OF THE STAFF OF THE
ORGANIZATION OR A MEDICAL GROUP (OR GROUPS), AND
"(2) ONE OR MORE OF SUCH ORGANIZATIONS PROVIDES SUCH SERVICES
THROUGH AN INDIVIDUAL PRACTICE ASSOCIATION (OR ASSOCIATIONS),
THEN OF THE QUALIFIED HEALTH MAINTENANCE ORGANIZATIONS INCLUDED IN A
HEALTH BENEFITS PLAN OF SUCH EMPLOYER PURSUANT TO SUBSECTION (A) AT
LEAST ONE SHALL BE AN ORGANIZATION WHICH PROVIDES BASIC HEALTH SERVICES
AS DESCRIBED IN CLAUSE (1) AND AT LEAST ONE SHALL BE AN ORGANIZATION
WHICH PROVIDES BASIC HEALTH SERVICES AS DESCRIBED IN CLAUSE (2).
"(C) NO EMPLOYER SHALL BE REQUIRED TO PAY MORE FOR HEALTH BENEFITS AS
A RESULT OF THE APPLICATION OF THIS SECTION THAN WOULD OTHERWISE BE
REQUIRED BY ANY PREVAILING COLLECTIVE BARGAINING AGREEMENT OR OTHER
LEGALLY ENFORCEABLE CONTRACT FOR THE PROVISION OF HEALTH BENEFITS
BETWEEN THE EMPLOYER AND ITS EMPLOYEES. FAILURE OF ANY EMPLOYER TO
COMPLY WITH THE REQUIREMENTS OF SUBSECTION (A) SHALL BE CONSIDERED A
WILLFUL VIOLATION OF SECTION 15 OF THE FAIR LABOR STANDARDS ACT OF 1938.
//52 STAT. 1068; 63 STAT. 919. 29 USC 215.//
"(D) FOR PURPOSES OF THIS SECTION, THE TERM 'QUALIFIED HEALTH
MAINTENANCE ORGANIZATION' MEANS (1) A HEALTH MAINTENANCE ORGANIZATION
WHICH HAS PROVIDED ASSURANCES SATISFACTORY TO THE SECRETARY THAT IT
PROVIDES BASIC AND SUPPLEMENTAL HEALTH SERVICES TO ITS MEMBERS IN THE
MANNER PRESCRIBED BY SECTION 1301(B) AND THAT IT IS ORGANIZED AND
OPERATED IN THE MANNER PRESCRIBED BY SECTION 1301(C), AND (2) AND ENTITY
WHICH PROPOSES TO BECOME A HEALTH MAINTENANCE ORGANIZATION AND WHICH THE
SECRETARY DETERMINES WILL WHEN IT BECOMES OPERATIONAL PROVIDE BASIC AND
SUPPLEMENTAL HEALTH SERVICES TO ITS MEMBERS IN THE MANNER PRESCRIBED BY
SECTION 1301(B) AND WILL BE ORGANIZED AND OPERATED IN THE MANNER
PRESCRIBED BY SECTION 1301(C).
"SEC 1311. (A) IN THE CASE OF ANY ENTITY--
"(1) WHICH CANNOT DO BUSINESS AS A HEALTH MAINTENANCE
ORGANIZATION IN A STATE IN WHICH IT PROPOSES TO FURNISH BASIC AND
SUPPLEMENTAL HEALTH SERVICES BECAUSE THAT STATE BY LAW,
REGULATION, OR OTHERWISE--
"(A) REQUIRES AS A CONDITION TO DOING BUSINESS IN THAT STATE
THAT A MEDICAL SOCIETY APPROVE THE FURNISHING OF SERVICES BY THE
ENTITY,
"(B) REQUIRES THAT PHYSICIANS CONSTITUTE ALL OR A PERCENTAGE OF
ITS GOVERNING BODY,
"(C) REQUIRES THAT ALL PHYSICIANS OR A PERCENTAGE OF PHYSICIANS
IN THE LOCALE PARTICIPATE OR BE PERMITTED TO PARTICIPATE IN THE
PROVISION OF SERVICES FOR THE ENTITY, OR
"(D) REQUIRES THAT THE ENTITY MEET REQUIREMENTS FOR INSURERS OF
HEALTH CARE SERVICES DOING BUSINESS IN THAT STATE RESPECTING
INITIAL CAPITALIZATION AND ESTABLISHMENT OF FINANCIAL RESERVES
AGAINST INSOLVENCY, AND
"(2) FOR WHICH A GRANT, CONTRACT, LOAN, OR LOAN GUARANTEE WAS
MADE UNDER THIS TITLE OR WHICH IS A QUALIFIED HEALTH MAINTENANCE
ORGANIZATION FOR PURPOSES OF SECTION 1310 (RELATING TO EMPLOYEES'
HEALTH BENEFITS PLANS),
SUCH REQUIREMENTS SHALL NOT APPLY TO THAT ENTITY SO AS TO PREVENT IT
FROM OPERATING AS A HEALTH MAINTENANCE ORGANIZATION IN ACCORDANCE WITH
SECTION 1301.
"(B) NO STATE MAY ESTABLISH OR ENFORCE ANY LAW WHICH PREVENTS A
HEALTH MAINTENANCE ORGANIZATION FOR WHICH A GRANT, CONTRACT, LOAN, OR
LOAN GUARANTEE WAS MADE UNDER THIS TITLE OR WHICH IS A QUALIFIED HEALTH
MAINTENANCE ORGANIZATION FOR PURPOSES OF SECTION 1310 (RELATING TO
EMPLOYEES' HEALTH BENEFITS PLANS), FROM SOLICITING MEMBERS THROUGH
ADVERTISING ITS SERVICES, CHARGES, OR OTHER NONPROFESSIONAL ASPECTS OF
ITS OPERATION. THIS SUBSECTION DOES NOT AUTHORIZE ANY ADVERTISING WHICH
IDENTIFIES, REFERS TO, OR MAKES ANY QUALITATIVE JUDGMENT CONCERNING, ANY
HEALTH PROFESSIONAL WHO PROVIDES SERVICES FOR A HEALTH MAINTENANCE
ORGANIZATION.
"SEC. 1312. (A) IF THE SECRETARY DETERMINES THAT AN ENTITY WHICH
RECEIVED A GRANT, CONTRACT, LOAN, OR LOAN GUARANTEE UNDER THIS TITLE AS
A HEALTH MAINTENANCE ORGANIZATION OR WHICH WAS INCLUDED IN A HEALTH
BENEFITS PLAN OFFERED TO EMPLOYEES PURSUANT TO SECTION 1310--
"(1) FAILS TO PROVIDE BASIC AND SUPPLEMENTAL SERVICES TO ITS
MEMBERS,
"(2) FAILS TO PROVIDE SUCH SERVICES IN THE MANNER PRESCRIBED BY
SECTION 1301(B), OR
"(3) IS NOT ORGANIZED OR OPERATED IN THE MANNER PRESCRIBED BY
SECTION 1301(C),
THE SECRETARY MAY, IN ADDITION TO ANY OTHER REMEDIES AVAILABLE TO HIM,
BRING A CIVIL ACTION IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT IN WHICH SUCH ENTITY IS LOCATED TO ENFORCE ITS COMPLIANCE WITH
ANY ASSURANCES IT FURNISHED HIM RESPECTING THE PROVISION OF BASIC AND
SUPPLEMENTAL HEALTH SERVICES OR ITS ORGANIZATION OR OPERATION, AS THE
CASE MAY BE, WHICH ASSURANCES WERE MADE UNDER SECTION 1310 OR WHEN
APPLICATION WAS MADE UNDER THIS TITLE FOR A GRANT, CONTRACT, LOAN, OR
LOAN GUARANTEE.
"(B) THE SECRETARY, THROUGH THE ASSISTANT SECRETARY FOR HEALTH, SHALL
ADMINISTER SUBSECTION (A) IN THE OFFICE OF THE ASSISTANT SECRETARY FOR
HEALTH.
ORGANIZATIONS
"SEC. 1313. NO FUNDS APPROPRIATED UNDER ANY PROVISION OF THIS ACT
OTHER THAN THIS TITLE MAY BE USED--
"(1) FOR GRANTS OR CONTRACTS FOR SURVEYS OR OTHER ACTIVITIES TO
DETERMINE THE FEASIBILITY OF DEVELOPING OR EXPANDING HEALTH
MAINTENANCE ORGANIZATIONS OR OTHER ENTITIES WHICH PROVIDE,
DIRECTLY OR INDIRECTLY, HEALTH SERVICES TO A DEFINED POPULATION ON
A PREPAID BASIS;
"(2) FOR GRANTS OR CONTRACTS, OR FOR PAYMENTS UNDER LOAN
GUARANTEES, FOR PLANNING PROJECTS FOR THE ESTABLISHMENT OR
EXPANSION OF SUCH ORGANIZATIONS OR ENTITIES;
"(3) FOR GRANTS OR CONTRACTS, OR FOR PAYMENTS UNDER LOAN
GUARANTEES, FOR PROJECTS FOR THE INITIAL DEVELOPMENT OR EXPANSION
OF SUCH ORGANIZATIONS OR ENTITIES; OR
"(4) FOR LOANS, OR FOR PAYMENTS UNDER LOAN GUARANTEES, TO
ASSIST IN MEETING THE COSTS OF THE INITIAL OPERATION AFTER
ESTABLISHMENT OR EXPANSION OF SUCH ORGANIZATIONS OR ENTITIES.
"SEC. 1314. (A) THE COMPTROLLER GENERAL SHALL EVALUATE THE
OPERATIONS OF AT LEAST FIFTY OF THE HEALTH MAINTENANCE ORGANIZATIONS FOR
WHICH ASSISTANCE WAS PROVIDED UNDER SECTION 1303, 1304, OR 1305. THE
PERIOD OF OPERATION OF SUCH HEALTH MAINTENANCE ORGANIZATIONS WHICH SHALL
BE EVALUATED UNDER THIS SUBSECTION SHALL BE NOT LESS THAN THIRTY-SIX
MONTHS. THE COMPTROLLER GENERAL SHALL REPORT TO THE CONGRESS THE
RESULTS OF THE EVALUATION NOT LATER THAN NINETY DAYS AFTER AT LEAST FITY
OF SUCH HEALTH MAINTENANCE ORGANIZATIONS HAVE BEEN IN OPERATION FOR AT
LEAST THIRTY-SIX MONTHS. SUCH REPORT SHALL CONTAIN FINDINGS--
"(1) WITH RESPECT TO THE ABILITY OF THE ORGANIZATIONS EVALUATED
TO OPERATE ON A FISCALLY SOUND BASIS WITHOUT CONTINUED FEDERAL
FINANCIAL ASSISTANCE,
"(2) WITH RESPECT TO THE ABILITY OF SUCH ORGANIZATIONS TO MEET
THE REQUIREMENTS OF SECTION 1301(C) RESPECTING THEIR ORGANIZATION
AND OPERATION,
"(3) WITH RESPECT TO THE ABILITY OF SUCH ORGANIZATIONS TO
PROVIDE BASIC AND SUPPLEMENTAL HEALTH SERVICES IN THE MANNER
PRESCRIBED BY SECTION 1301(B),
"(4) WITH RESPECT TO THE ABILITY OF SUCH ORGANIZATIONS TO
INCLUDE INDIGENT AND HIGH-RISK INDIVIDUALS IN THEIR MEMBERSHIP,
AND
"(5) WITH RESPECT TO THE ABILITY OF SUCH ORGANIZATIONS TO
PROVIDE SERVICES TO MEDICALLY UNDERSERVED POPULATIONS.
"(B) THE COMPTROLLER GENERAL SHALL ALSO CONDUCT A STUDY OF THE
ECONOMIC EFFECTS ON EMPLOYERS RESULTING FROM THEIR COMPLIANCE WITH THE
REQUIREMENTS OF SECTION 1310. THE COMPTROLLER GENERAL SHALL REPORT TO
THE CONGRESS THE RESULTS OF SUCH STUDY NOT LATER THAN THIRTY-SIX MONTHS
AFTER THE DATE OF THE ENACTMENT OF THIS TITLE.
"(C) THE COMPTROLLER GENERAL SHALL EVALUATE (1) THE OPERATIONS OF
DISTINCT CATEGORIES OF HEALTH MAINTENANCE ORGANIZATIONS IN COMPARISON
WITH EACH OTHER, (2) HEALTH MAINTENANCE ORGANIZATIONS AS A GROUP IN
COMPARISON WITH ALTERNATIVE FORMS OF HEALTH CARE DELIVERY, AND (3) THE
IMPACT THAT HEALTH MAINTENANCE ORGANIZATIONS, INDIVIDUALLY, BY CATEGORY,
AND AS A GROUP, HAVE ON THE HEALTH OF THE PUBLIC. THE COMPTROLLER
GENERAL SHALL REPORT TO THE CONGRESS THE RESULTS OF SUCH EVALUATION NOT
LATER THAN THIRTY-SIX MONTHS AFTER THE DATE OF THE ENACTMENT OF THIS
TITLE.
"SEC. 1315. (A) THE SECRETARY SHALL PERIODICALLY REVIEW THE PROGRAMS
OF ASSISTANCE AUTHORIZED BY THIS TITLE AND MAKE AN ANNUAL REPORT TO THE
CONGRESS OF A SUMMARY OF THE ACTIVITIES UNDER EACH PROGRAM. THE
SECRETARY SHALL INCLUDE IN SUCH SUMMARY--
"(1) A SUMMARY OF EACH GRANT, CONTRACT, LOAN, OR LOAN GUARANTEE
MADE UNDER THIS TITLE IN THE PERIOD COVERED BY THE REPORT AND A
LIST OF THE HEALTH MAINTENANCE ORGANIZATIONS WHICH DURING SUCH
PERIOD BECAME QUALIFIED HEALTH MAINTENANCE ORGANIZATIONS FOR
PURPOSES OF SECTION 1310;
"(2) THE STATISTICS AND OTHER INFORMATION REPORTED IN SUCH
PERIOD TO THE SECRETARY IN ACCORDANCE WITH SECTION 1301(C) (11);
"(C) TO PROVIDE BASIC AND SUPPLEMENTAL HEALTH SERVICES IN THE
MANNER PRESCRIBED BY SECTION 1301(B),
"(D) TO INCLUDE INDIGENT AND HIGH-RISK INDIVIDUALS IN THEIR
MEMBERSHIP, AND
"(E) TO PROVIDE SERVICES TO MEDICALLY UNDERSERVED POPULATIONS;
AND
"(4) FINDINGS WITH RESPECT TO--
"(A) THE OPERATION OF DISTINCT CATEGORIES OF HEALTH MAINTENANCE
ORGANIZATIONS IN COMPARISON WITH EACH OTHER,
"(B) HEALTH MAINTENANCE ORGANIZATIONS AS A GROUP IN COMPARISON
WITH ALTERNATIVE FORMS OF HEALTH CARE DELIVERY, AND
"(C) THE IMPACT THAT HEALTH MAINTENANCE ORGANIZATIONS,
INDIVIDUALLY, BY CATEGORY, AND AS A GROUP, HAVE ON THE HEALTH OF
THE PUBLIC.
"(B) THE OFFICE OF MANAGEMENT AND BUDGET MAY REVIEW THE SECRETARY'S
REPORT UNDER SUBSECTION (A) BEFORE ITS SUBMISSION TO THE CONGRESS, BUT
THE OFFICE MAY NOT REVISE THE REPORT OR DELAY ITS SUBMISSION, AND IT MAY
SUBMIT TO THE CONGRESS ITS COMMENTS (AND THOSE OF OTHER DEPARTMENTS OR
AGENCIES OF THE GOVERNMENT) RESPECTING SUCH REPORT."
SEC. 3. TITLE III OF THE PUBLIC HEALTH SERVICE ACT IS AMENDED BY
ADDING AT THE END THEREOF THE FOLLOWING NEW PART: //58 STAT. 691; 85
STAT. 65. 42 USC 241.//
"SEC. 399C. (A)(1) THE SECRETARY, THROUGH THE ASSISTANT SECRETARY
FOR HEALTH, SHALL CONDUCT RESEARCH AND EVALUATION PROGRAMS RESPECTING
THE EFFECTIVENESS, ADMINISTRATION, AND ENFORCEMENT OF QUALITY ASSURANCE
PROGRAMS. SUCH RESEARCH AND EVALUATION PROGRAMS SHALL BE CARRIED OUT IN
COOPERATION WITH THE ENTITY WITHIN THE DEPARTMENT WHICH ADMINISTERS THE
PROGRAMS OF ASSISTANCE UNDER SECTION 304.
"(2) FOR THE PURPOSE OF CARRYING OUT PARAGRAPH (1), THERE ARE
AUTHORIZED TO BE APPROPRIATED $4,000,000 FOR THE FISCAL YEAR ENDING JUNE
30, 1974, $8,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1975,
$9,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1976, $9,000,000 FOR THE
FISCAL YEAR ENDING JUNE 30, 1977, AND $10,000,000 FOR THE FISCAL YEAR
ENDING JUNE 30, 1978. //81 STAT. 534. 42 USC 242B. APPROPRIATION.//
"(B) THE SECRETARY SHALL MAKE AN ANNUAL REPORT TO THE CONGRESS AND
THE PRESIDENT ON (1) THE QUALITY OF HEALTH CARE IN THE UNITED STATES,
(2) THE OPERATION OF QUALITY ASSURANCE PROGRAMS, AND (3) ADVANCES MADE
THROUGH RESEARCH AND EVALUATION OF THE EFFECTIVENESS, ADMINISTRATION,
AND ENFORCEMENT OF QUALITY ASSURANCE PROGRAMS. THE FIRST ANNUAL REPORT
UNDER THIS SUBSECTION SHALL BE MADE WITH RESPECT TO CALENDAR YEAR 1974
AND SHALL BE SUBMITTED NOT LATER THAN MARCH 1, 1975. THE OFFICE OF
MANAGEMENT AND BUDGET MAY REVIEW THE SECRETARY'S REPORT UNDER THIS
SUBSECTION BEFORE ITS SUBMISSION TO THE CONGRESS, BUT THE OFFICE MAY NOT
REVISE THE REPORT OR DELAY ITS SUBMISSION TO THE CONGRESS, AND IT MAY
SUBMIT TO THE SECRETARY AND THE CONGRESS ITS COMMENTS (AND THOSE OF
OTHER DEPARTMENTS AND AGENCIES OF THE GOVERNMENT) WITH RESPECT TO SUCH
REPORT."
SEC. 4. (A) THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE SHALL
CONTRACT, IN ACCORDANCE WITH SUBSECTION (B), FOR THE CONDUCT OF A STUDY
TO--
(1) ANALYZE PAST AND PRESENT MECHANISMS (BOTH REQUIRED BY LAW
AND VOLUNTARY) TO ASSURE THE QUALITY OF HEALTH CARE, IDENTIFY THE
STRENGHTS AND WEAKNESSES OF CURRENT MAJOR PROTOTYPES OF HEALTH
CARE QUALITY ASSURANCE SYSTEMS, AND IDENTIFY ON A COMPRABLE BASIS
THE COSTS OF SUCH PROTOTYPES;
(2) PROVIDE A SET OF BASIC PRINCIPLES TO BE FOLLOWED BY ANY
EFFECTIVE HEALTH CARE QUALITY ASSURANCE SYSTEM INCLUDING
PRINCIPLES AFFECTING THE SCOPE OF THE SYSTEM, METHODS FOR
ASSESSING CARE, DATA REQUIREMENTS, SPECIFICATIONS
7 FOR THE DEVELOPMENT OF CRITERIA AND STANDARDS WHICH RELATE
TO DESIRED OUTCOMES OF CARE, AND MEANS FOR ASSESSING THE
RESPONSIVENESS OF SUCH CARE TO THE NEEDS AND PERCEPTIONS OF THE
CONSUMERS OF SUCH CARE;
(3) PROVIDE AN ASSESSMENT OF PROGRAMS FOR IMPROVING THE
PERFORMANCE OF HEALTH PRACTITIONERS AND INSTITUTIONS IN PROVIDING
HIGH-QUALITY HEALTH CARE, INCLUDING A STUDY OF THE EFFECTIVENESS
OF SANCTIONS AND EDUCATIONAL PROGRAMS;
(4) DEFINE THE SPECIFIC NEEDS FOR A PROGRAM OF RESEARCH AND
EVALUATION IN HEALTH CARE QUALITY ASSURANCE METHODS, INCLUDING THE
DESIGN OF PROSPECTIVE EVALUATIONS PROTOCOLS FOR HEALTH CARE
QUALITY ASSURANCE SYSTEMS; AND
(5) PROVIDE METHODS FOR ASSESSING THE QUALITY OF HEALTH CARE
FROM THE POINT OF VIEW OF CONSUMERS OF SUCH CARE.
(B) THE SECRETARY SHALL CONTRACT FOR THE CONDUCT OF THE STUDY
REQUIRED BY SUBSECTION (A) WITH A NONPROFIT PRIVATE ORGANIZATION WHICH--
(1) HAS A NATIONAL REPUTATION FOR OBJECTIVITY IN THE CONDUCT OF
STUDIES FOR THE FEDERAL GOVERNMENT;
(2) HAS THE CAPACITY TO READILY MARSHALL THE WIDEST POSSIBLE
RANGE OF EXPERTISE AND ADVICE RELEVANT TO THE CONDUCT OF SUCH
STUDY;
(3) HAS A MEMBERSHIP AND COMPETENT STAFF WHICH HAVE BACKGROUNDS
IN GOVERNMENT, THE HEALTH SCIENCES, AND THE SOCIAL SCIENCES;
(4) HAS A HISTORY OF INTEREST AND ACTIVITY IN HEALTH POLICY
ISSUES RELATED TO SUCH STUDY; AND
(5) HAS EXTENSIVE EXISTING CONTRACTS WITH INTERESTED PUBLIC AND
PRIVATE AGENCIES AND ORGANIZATIONS.
THE SECRETARY SHALL ENTER INTO SUCH CONTRACT WITHIN 90 DAYS OF THE DATE
OF THE ENACTMENT OF THE FIRST ACT MAKING AN APPROPRIATION UNDER
SUBSECTION (D).
(C) AN INTERIM REPORT PROVIDING A PLAN FOR THE STUDY REQUIRED BY
SUBSECTION (A) SHALL BE SUBMITTED BY THE ORGANIZATION CONDUCTING THE
STUDY TO THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE OF THE HOUSE
OF REPRESENTATIVES AND THE COMMITTEE ON LABOR AND PUBLIC WELFARE OF THE
SENATE BY JUNE 30, 1974; AND A FINAL REPORT GIVING THE RESULTS OF THE
STUDY AND PROVIDING SPECIFICATIONS FOR AN EFFECTIVE QUALITY ASSURANCE
SYSTEM SHALL BE SUBMITTED BY SUCH ORGANIZATION TO THE COMMITTEE ON
INTERSTATE AND FOREIGN COMMERCE OF THE HOUSE OF REPRESENTATIVES AND THE
COMMITTEE ON LABOR AND PUBLIC WELFARE OF THE SENATE BY JANUARY 31, 1976.
(D) THERE IS AUTHORIZED TO BE APPROPRIATED $10,000,000, WHICH SHALL
BE AVAILABLE WITHOUT FISCAL YEAR LIMITATION, FOR THE CONDUCT OF THE
STUDY REQUIRED BY SUBSECTION (A).
SEC. 5. WITHIN THREE MONTHS OF THE DATE OF THE ENACTMENT OF THIS
ACT, THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE SHALL REPORT TO THE
CONGRESS THE CRITERIA USED BY HIM IN THE DESIGNATION OF MEDICALLY
UNDERSERVED AREAS AND POPULATION GROUPS FOR THE PURPOSES OF SECTION
1302(7) OF THE PUBLIC HEALTH SERVICE ACT. WITHIN ONE YEAR OF SUCH DATE,
THE SECRETARY SHALL REPORT TO THE CONGRESS (1) THE AREAS AND POPULATION
GROUPS DESIGNATED BY HIM UNDER SUCH SECTION 1302(7) AS HAVING A SHORTAGE
OF PERSONAL HEALTH SERVICES, (2) THE COMMENTS (IF ANY) SUBMITTED BY
STATE AND AREAWIDE COMPREHENSIVE HEALTH PLANNING AGENCIES UNDER SUCH
SECTION WITH RESPECT TO ANY SUCH DESIGNATION, AND (3) THE AREAS WHICH
MEET THE DEFINITIONAL STANDARDS UNDER SECTION 1302( 9) OF SUCH ACT FOR
NON-METROPOLITAN AREAS. THE OFFICE OF MANAGEMENT AND BUDGET MAY REVIEW
THE SECRETARY'S REPORT UNDER THIS SECTION BEFORE ITS SUBMISSION TO THE
CONGRESS, BUT THE OFFICE MAY NOT REVISE THE REPORT OR DELAY ITS
SUBMISSION BEYOND THE DATE PRESCRIBED FOR ITS SUBMISSION, AND IT MAY
SUBMIT TO CONGRESS ITS COMMENTS (AND THOSE OF OTHER DEPARTMENTS AND
AGENCIES OF THE GOVERNMENT) RESPECTING SUCH REPORT. //ANTE, P. 917.//
SEC. 6. (A) THE FIRST SECTION OF THE ACT OF AUGUST 5, 1954 (42 U.S.
C. 2001), IS AMENDED BY INSERTING "(A)" AFTER "THAT" AND BY ADDING AT
THE END THEREOF THE FOLLOWING NEW SUBSECTION: //68 STAT. 674.//
"(B) IN CARRYING OUT HIS FUNCTIONS, RESPONSIBILITIES, AUTHORITIES,
AND DUTIES UNDER THIS ACT, THE SECRETARY IS AUTHORIZED, WITH THE CONSENT
OF THE INDIAN PEOPLE SERVED, TO CONTRACT WITH PRIVATE OR OTHER
NON-FEDERAL HEALTH AGENCIES OR ORGANIZATIONS FOR THE PROVISION OF HEALTH
SERVICES TO SUCH PEOPLE ON A FEE-FOR-SERVICE BASIS OR ON A PREPAYMENT OR
OTHER SIMILAR BASIS.".
(B) THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE, IN CONNECTION
WITH EXISTING AUTHORITY (EXCEPT SECTION 310 OF THE PUBLIC HEALTH SERVICE
ACT) FOR THE PROVISION OF HEALTH SERVICES TO DOMESTIC AGRICULTURAL
MIGRATORY WORKERS, TO PERSONS WHO PERFORM SEASONAL AGRICULTURAL SERVICES
SIMILAR TO THE SERVICES PERFORMED BY SUCH WORKERS, AND TO THE FAMILIES
OF SUCH WORKERS AND PERSONS, IS AUTHORIZED TO ARRANGE FOR THE PROVISION
OF HEALTH SERVICES TO SUCH WORKERS AND PERSONS AND THEIR FAMILIES
THROUGH HEALTH MAINTENANCE ORGANIZATIONS. IN CARRYING OUT THIS
SUBSECTION THE SECRETARY MAY ONLY USE SUMS APPROPRIATED AFTER THE DATE
OF THE ENACTMENT OF THIS ACT. //76 STAT. 592. 42 USC 242H.//
SEC. 7. (A) SECTION 1 OF THE PUBLIC HEALTH SERVICE ACT IS AMENDED TO
READ AS FOLLOWS //58 STAT. 682; 86 STAT. 137. 42 USC 201 NOTE.//
"SECTION 1. THIS ACT MAY BE CITED AS THE 'PUBLIC HEALTH SERVICE
ACT'."
(B) TITLE XIII OF THE ACT OF JULY 1, 1944 (58 STAT. 682) (AS SO
DESIGNATED BY SECTION 2(B) OF THE EMERGENCY MEDICAL SERVICES SYSTEMS ACT
OF 1973 (PUBLIC LAW 93 - 154) IS REPEALED. //ANTE, P. 604.//
(C) SECTION 306(G) OF THE FEDERAL NATIONAL MORTGAGE ASSOCIATION ACT
(12 U.S.C. 1721(G) IS AMENDED BY INSERTING ", OR WHICH ARE GUARANTEED
UNDER TITLE XIII OF THE PUBIC HEALTH SERVICE ACT" AFTER "CHAPTER 37 OF
TITLE 38, UNITED STATES CODE". //82 STAT. 542. 38 USC 1801.//
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 451 ACCOMPANYING H. R. 7974
COMM. ON INTERSTATE AND FOREIGN COMMERCE) AND NO. 93 - 714 (COMM.
OF CONFERENCE).
SENATE REPORTS: NO. 93 - 129 (COMM. ON LABOR AND PUBLIC
WELFARE) AND NO. 93 - 621 (COMM. OF CONFERENCE).
CONGRESSIONAL RECORD, VOL. 119 (1973):
MAY 14, 15, CONSIDERED AND PASSED SENATE. SEPT. 12, CONSIDERED AND
PASSED HOUSE, AMENDED, IN LIEU OF H. R. 7974. DEC. 18, HOUSE
AGREED TO ENCE REPORT. CONFEREDEC. 19, SENATE AGREED TO
CONFERENCE REPORT.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS,
VOL. 10, NO. 1 (1974): DEC. 29, 1973, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-221; 87 STAT. 913
TO PROVIDE FOR THE STRIKING OF MEDALS COMMEMORATING THE
INTERNATIONAL EXPOSITION ON ENVIRONMENT AT SPOKANE, WASHINGTON, IN
1974.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVE OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT IN COMMEMORATION OF THE
INTERNATIONAL EXPOSITION ON ENVIRONMENT TO BE HELD AT SPOKANE,
WASHINGTON, IN 1974, THE SECRETARY OF THE TREASURY (HEREINAFTER REFERRED
TO AS THE "SECRETARY") IS AUTHORIZED TO STRIKE AND DELIVER TO SPOKANE
WORLD EXPOSITION, INCORPORATED, A NONPROFIT CORPORATION, NOT MORE THAN
SEVEN HUNDRED AND FIFTY THOUSAND MEDALS, WITH SUITABLE EMBLEMS, DEVICES,
AND INSCRIPTIONS TO BE DETERMINED BY THE SECRETARY IN COOPERATION WITH
THE EXPOSITION CORPORATION. THE MEDALS, WHICH MAY BE DISPOSED OF BY THE
CORPORATION AT A PREMIUM, MAY BE DELIVERED AT SUCH TIMES AS MAY BE
REQUIRED BY THE CORPORATION IN QUANTITIES OF NOT LESS THAN TWO THOUSAND,
BUT NO MEDALS SHALL BE STRUCK BY THE SECRETARY AFTER DECEMBER 31, 1974.
SEC. 2. THE SECRETARY SHALL CAUSE SUCH MEDALS TO BE STRUCK AND
DELIVERED AT NOT LESS THAN THE ESTIMATED COST OF MANUFACTURE, INCLUDING
LABOR, MATERIALS, DIES, USE OF MACHINERY, AND OVERHEAD EXPENSES.
SECURITY SATISFACTORY TO THE DIRECTOR OF THE MINT SHALL BE FURNISHED TO
INDEMNIFY THE UNITED STATES FOR FULL PAYMENT OF SUCH COSTS.
SEC. 3. THE MEDALS AUTHORIZED TO BE STRUCK AND DELIVERED UNDER THIS
ACT SHALL BE OF SUCH SIZE OR SIZES AND OF SUCH VARIOUS METALS AS SHALL
BE DETERMINED BY THE SECRETARY IN CONSULTATION WITH THE CORPORATION.
SEC. 4. AT THE OPTION OF THE CORPORATION, THE SECRETARY MAY RELEASE
THE DIES TO A PRIVATE MANUFACTURER FOR PRODUCTION OF ANY OR ALL OF THE
MEDALS AUTHORIZED UNDER THIS ACT.
SEC. 5. THE MEDALS, WHETHER PRODUCED BY THE SECRETARY OR BY A
PRIVATE MANUFACTURER FROM DIES PREPARED BY THE TREASURY, SHALL BE
CONSIDERED TO BE NATIONAL MEDALS WITHIN THE MEANING OF SECTION 3551 OF
THE REVISED STATUTES (31 U.S.C. 368).
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 471 (COMM. ON BANKING AND CURRENCY).
SENATE REPORT NO. 93 - 656 (COMM. ON BANKING, HOUSING AND
URBAN AFFAIRS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
SEPT. 17, CONSIDERED AND PASSED HOUSE. DEC. 20, CONSIDERED AND
PASSED SENATE.
PUBLIC LAW 93-220; 87 STAT. 913
TO AUTHORIZE THE DISPOSAL OF ALUMINUM FROM THE NATIONAL
STOCKPILE AND FOR OTHER PURPOSES.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE ADMINISTRATOR
OF GENERAL SERVICES IS HEREBY AUTHORIZED TO DISPOSE OF, BY NEGOTIATION
OR OTHERWISE, APPROXIMATELY TWO HUNDRED AND SEVEN THOUSAND FOUR HUNDRED
AND FORTY SHORT TONS OF ALUMINUM NOW HELD IN THE NATIONAL STOCKPILE
ESTABLISHED PURSUANT TO THE STRATEGIC AND CRITICAL MATERIALS STOCK
PILING ACT (50 U.S.C. 98 - 98H). SUCH DISPOSITION MAY BE MADE WITHOUT
REGARD TO THE REQUIREMENTS OF SECTION 3 OF THE STRATEGIC AND CRITICAL
MATERIALS STOCK PILING ACT: PROVIDED, THAT THE TIME AND METHOD OF
DISPOSITION SHALL BE FIXED WITH DUE REGARD TO THE PROTECTION OF THE
UNITED STATES AGAINST AVOIDABLE LOSS AND THE PROTECTION OF PRODUCERS,
PROCESSORS, AND CONSUMERS AGAINST AVOIDABLE DISRUPTION OF THEIR USUAL
MARKET. //60 STAT. 596; 85 STAT. 427.//
SEC. 2. SECTION 2 OF PUBLIC LAW 89 - 460 (80 STAT.212) IS REPEALED.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 722 (COMM. ON ARMED SERVICES).
SENATE REPORT NO. 93 - 448 (COMM. ON ARMED SERVICES).
CONGRESSIONAL RECORD, VOL. 119 (1973):
OCT. 10, CONSIDERED AND PASSED SENATE. DEC. 18, CONSIDERED AND
PASSED HOUSE.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VOL. 10,
NO. 1 (1974): DEC. 31, 1973, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-219; 87 STAT. 912
TO AUTHORIZE THE DISPOSAL OF MOLYBEDENUM FROM THE NATIONAL
STOCKPILE, AND FOR OTHER PURPOSES.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE ADMINISTRATOR
OF GENERAL SERVICES IS HEREBY AUTHORIZED TO DISPOSE OF, BY NEGOTIATION
OR OTHERWISE, APPROXIMATELY THIRTY-SIX MILLION FIVE HUNDRED THOUSAND
POUNDS (MOLYBDENUM DISULPHIDE EQUIVALENT) OF MOLYBDENUM NOW HELD IN THE
NATIONAL STOCKPILE ESTABLISHED PURSUANT TO THE STRATEGIC AND CRITICAL
MATERIALS STOCK PILING ACT (50 U.S.C. 98 - 98H). SUCH DISPOSITION MAY
BE MADE WITHOUT REGARD TO THE REQUIREMENTS OF SECTION 3 OF THE STRATEGIC
AND CRITICAL MATERIALS STOCK PILING ACT: PROVIDED, THAT THE TIME AND
METHOD OF DISPOSITION SHALL BE FIXED WITH DUE REGARD TO THE PROTECTION
OF THE UNITED STATES AGAINST AVOIDABLE LOSS AND THE PROTECTION OF
PRODUCERS, PROCESSORS, AND CONSUMERS AGAINST AVOIDABLE DISRUPTION OF
THEIR USUAL MARKETS. //60 STAT. 596; 85 STAT. 427.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 725 (COMM. ON ARMED SERVICES).
SENATE REPORT NO. 93 - 512 (COMM. ON ARMED SERVICES).
CONGRESSIONAL RECORD, VOL. 119 (1973):
NOV. 20, CONSIDERED AND PASSED SENATE. DEC. 18, CONSIDERED AND
PASSED HOUSE.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VOL. 10,
NO. 1 (1974): DEC. 31, 1973, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-218; 87 STAT. 912
TO AUTHORIZE THE DISPOSAL OF OPIUM FROM THE NATIONAL STOCKPILE.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE ADMINISTRATOR
OF GENERAL SERVICES IS HEREBY AUTHORIZED TO DISPOSE OF, BY NEGOTIATION
OR OTHERWISE, APPROXIMATELY SIXTY-FIVE THOUSAND SEVEN HUNDRED POUNDS
(MORPHINE CONTENT) OF OPIUM NOW HELD IN THE NATIONAL STOCKPILE
ESTABLISHED PURSUANT TO THE STRATEGIC AND CRITICAL MATERIALS STOCK
PILING ACT (50 U.S.C. 98 - 98H). SUCH DISPOSITION MAY BE MADE WITHOUT
REGARD TO THE REQUIREMENTS OF SECTION 3 OF THE STRATEGIC AND CRITICAL
MATERIALS STOCK PILING ACT: PROVIDED, THAT THE TIME AND METHOD OF
DISPOSITION SHALL BE FIXED WITH DUE REGARD TO THE PROTECTION OF THE
UNITED STATES AGAINST AVOIDABLE LOSS AND THE PROTECTION OF PRODUCERS,
PROCESSORS, AND CONSUMERS AGAINST AVOIDABLE DISRUPTION OF THEIR USUAL
MARKETS. //60 STAT. 596; 85 STAT. 427.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 720 (COMM. ON ARMED SERVICES).
SENATE REPORT NO. 93 - 354 (COMM. ON ARMED SERVICES).
CONGRESSIONAL RECORD, VOL. 119 (1973):
JULY 28, CONSIDERED AND PASSED SENATE. DEC. 18, CONSIDERED AND
PASSED HOUSE, AMENDED. ADEC. 19, SENATE CONCURRED IN HOUSE
AMENDMENT.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VOL. 10,
NO. 1 (1974): DEC. 31, 1973, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-217; 87 STAT. 912
TO PROVIDE FOR THE NAMING OF THE LAKE TO BE CREATED BY THE
BUCHANAN DAM, CHOWCHILLA RIVER, CALIFORNIA.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE LAKE TO BE
CREATED BY THE BUCHANAN DAM ON THE CHOWCHILLA RIVER, CALIFORNIA,
AUTHORIZED BY SECTION 203 OF THE FLOOD CONTROL ACT OF 1962, //76 STAT.
1192.// SHALL BE KNOWN AND DESIGNATED AS THE "H. V. EASTMAN LAKE". ANY
LAW, REGULATION, DOCUMENT, OR RECORD OF THE UNITED STATES IN WHICH SUCH
LAKE IS DESIGNATED OR REFERRED TO SHALL BE HELD TO REFER TO SUCH LAKE AS
THE "H. V. EASTMAN LAKE".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 556 (COMM. ON PUBLIC WORKS).
SENATE REPORT NO. 93 - 627 (COMM. ON PUBLIC WORKS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
OCT. 15, CONSIDERED AND PASSED HOUSE. DEC. 14, CONSIDERED AND
PASSED SENATE.
PUBLIC LAW 93-216; 87 STAT. 911
TO AUTHORIZE THE DISPOSAL OF SILICON CARBIDE FROM THE NATIONAL
STOCKPILE AND THE SUPPLEMENTAL STOCKPILE.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE ADMINISTRATOR
OF GENERAL SERVICES IS HEREBY AUTHORIZED TO DISPOSE OF, BY NEGOTIATION
OR OTHERWISE, APPROXIMATELY ONE HUNDRED AND NINETY-SIX THOUSAND FIVE
HUNDRED SHORT TONS OF SILICON CARBIDE NOW HELD IN THE NATIONAL STOCKPILE
ESTABLISHED PURSUANT TO THE STRETIGIC AND CRITICAL MATERIALS STOCK
PILING ACT (50 U.S.C. 98 - 98H) //60 STAT. 596; 85 STAT. 427.// AND THE
SUPPLEMENTAL STOCKPILE ESTABLISHED PURSUANT TO SECTION 104 (B) OF THE
AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE ACT OF 1954 (68 STAT. 456,
AS AMENDED BY 73 STAT. 607). //7 USC 1704// SUCH DISPOSITION MAY BE
MADE WITHOUT REGARD TO THE REQUIREMENTS OF SECTION 3 OF THE STRATEGIC
AND CRITICAL MATERIALS STOCK PILING ACT: PROVIDED, THAT THE TIME AND
METHOD OF DISPOSITION SHALL BE FIXED WITH DUE REGARD TO THE PROTECTION
OF THE UNITED STATES AGAINST AVOIDABLE LOSS AND THE PROTECTION OF
PRODUCERS, PROCESSORS, AND CONSUMERS AGAINST AVOIDABLE DISRUPTION OF
THEIR USUAL MARKETS.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 723 (COMM. ON ARMED SERVICES).
SENATE REPORT NO. 93 - 451 (COMM. ON ARMED SERVICES).
CONGRESSIONAL RECORD, VOL. 119 (1973):
OCT. 10, CONSIDERED AND PASSED SENATE. DEC. 18, CONSIDERED AND
PASSED HOUSE.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VOL. 10, NO. 1
(1974): DEC. 31, 1973, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-215; 87 STAT. 911
TO NAME THE UNITED STATES COURTHOUSE AND FEDERAL OFFICE
BUILDING UNDER CONSTRUCTION IN NEW ORLEANS, LOUISIANA, AS THE
"HALE BOGGS FEDERAL BUILDING", AND FOR OTHER PURPOSES.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE UNITED STATES
COURTHOUSE AND FEDERAL OFFICE BUILDING NOW UNDER CONSTRUCTION AT THE
CORNER OF CAMP STREET, BOUNDED BY POYDRAS STREET, LAFAYETTE STREET, AND
MAGAZINE STREET, NEW ORLEANS, LOUISIANA, SHALL HEREAFTER BE KNOWN AND
DESIGNATED AS THE "HALE BOGGS FEDERAL BUILDING". ANY REFERENCE IN A
LAW, MAP, REGULATION, DOCUMENT, RECORD, OR OTHER PAPER OF THE UNITED
STATES TO SUCH BUILDING SHALL BE HELD TO BE A REFERENCE TO THE "HALE
BOGGS FEDERAL BUILDING".
SEC. 2. THE FIRST SENTENCE OF SECTION 25 OF THE DWIGHT D.
EISENHOWER MEMORIAL BICENTENNIAL CIVIL CENTER ACT (PUBLIC LAW 92 - 520)
//86 STAT. 1024.// IS AMENDED BY STRIKING OUT "SYSTEM FACILITIES
DEVELOPMENT FOUNDATION AT 101 WEST NINTH STREET," AND INSERTING IN LIEU
THEREOF THE FOLLOWING: "SYSTEMS DATA CENTER FACILITY AT MINNEHAHA
COUNTY NEAR".
SEC. 3. SECTION 11 OF THE DWIGHT D. EISENHOWER MEMORIAL BICENTENNIAL
CIVIL CENTER ACT (PUBLIC LAW 92 - 520) IS HEREBY REPEALED.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 636 ACCOMPANYING H. R. 9430 (COMM. ON
PUBLIC WORKS).
SENATE REPORT NO. 93 - 464 (COMM. ON PUBLIC WORKS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
OCT. 13, CONSIDERED AND PASSED SENATE. DEC. 3, CONSIDERED AND
PASSED HOUSE, AMENDED, IN LIEU OF H. R. 9430. DEC. 13, SENATE
CONCURRED IN HOUSE AMENDMENT.
PUBLIC LAW 93-214; 87 STAT. 910
TO AUTHORIZE THE DISPOSAL OF COPPER FROM THE NATIONAL STOCKPILE
AND THE SUPPLEMENTAL STOCKPILE.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE ADMINISTRATIOR
OF GENERAL SERVICES IS HEREBY AUTHORIZED TO DISPOSE OF, BY NEGOTIATION
OR OTHERWISE, APPROXIMATELY TWO HUNDRED AND FIFTY-ONE THOUSAND SIX
HUNDRED SHORT TONS OF COPPER NOW HELD IN THE NATIONAL STOCKPILE
ESTABLISHED PURSUANT TO THE STRATEGIC AND CRITICAL MATERIALS STOCK
PILING ACT (50 U.S.C. 98 - 98H) //60 STAT. 596; 85 STAT. 427.// AND THE
SUPPLEMENTAL STOCKPILE ESTABLISHED PURSUANT TO SECTION 104 (B) OF THE
AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE ACT OF 1954 (68 STAT.
456, AS AMENDED BY 73 STAT. 607). //7 USC 1704.// SUCH DISPOSITION MAY
BE MADE WITHOUT REGARD TO THE REQUIREMENTS OF SECTION 3 OF THE STRATEGIC
AND CRITICAL MATERIALS STOCK PILING ACT: PROVIDED, THAT THE TIME AND
METHOD OF DISPOSITION SHALL BE FIXED WITH DUE REGARD TO THE PROTECTION
OF THE UNITED STATES AGAINST AVOIDABLE LOSS AND THE PROTECTION OF
PRODUCERS, PROCESSORS, AND CONSUMERS AGAINST AVOIDABLE DISRUPTION OF
THEIR USUAL MARKETS.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 721 (COMM. ON ARMED SERVICES).
SENATE REPORT NO. 93 - 388 (COMM. ON ARMED SERVICES).
CONGRESSIONAL RECORD, VOL. 119 (1973):
SEPT. 13, CONSIDERED AND PASSED SENATE. DEC. 18, CONSIDERED AND
PASSED HOUSE, AMENDED. ADEC. 19, SENATE CONCURRED IN HOUSE
AMENDMENT.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VOL. 10, NO. 1
(1974): DEC. 31, 1973, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-213; 87 STAT. 910
TO AMEND TITLE 37, UNITED STATES CODE, TO AUTHORIZE TRAVEL AND
TRANSPORTATION ALLOWANCES TO CERTAIN MEMBERS OF THE UNIFORMED
SERVICES IN CONNECTION WITH LEAVE.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT CHAPTER 7 OF TITLE
37, UNITED STATES CODE, IS AMENDED: //37 USC 401.//
(1) BY INSERTING THE FOLLOWING NEW SECTION:
" 411B. TRAVEL AND TRANSPORTATION ALLOWANCES: TRAVEL PERFORMED
IN CONNECTION WITH CERTAIN LEAVE
"(A) UNDER UNIFORM REGULATIONS PRESCRIBED BY THE SECRETARIES
CONCERNED, A MEMBER OF A UNIFORMED SERVICE STATIONED OUTSIDE THE
FORTY-EIGHT CONTIGUOUS STATES AND THE DISTRICT OF COLUMBIA WHO IS
ORDERED TO MAKE A CHANGE OF PERMANENT STATION TO ANOTHER DUTY STATION
OUTSIDE THE FORTH-EIGHT CONTIGUOUS STATES AND THE DISTRICT OF COLUMBIA
MAY BE PAID TRAVEL AND TRANSPORTATION ALLOWANCES IN CONNECTION WITH
AUTHORIZED LEAVE FROM HIS LAST DUTY STATION TO A PLACE APPROVED BY THE
SECRETARY CONCERNED, OR HIS DESIGNEE, OR TO A PLACE NO FARTHER DISTANT
THAN HIS HOME OF RECORD IF HE IS A MEMBER WITHOUT DEPENDENTS, AND FROM
THAT PLACE TO HIS DESIGNATED POST OF DUTY, IF EITHER HIS LAST DUTY
STATION OR HIS DESIGNATED POST OF DUTY IS A RESTRICTED AREA IN WHICH
DEPENDENTS ARE NOT AUTHORIZED.
"(B) THE ALLOWANCES PRESCRIBED UNDER THIS SECTION MAY NOT EXCEED THE
RATE AUTHORIZED UNDER SECTION 404 (D) OF THIS TITLE. AUTHORIZED TRAVEL
UNDER THIS SECTION IS PERFORMED IN A DUTY STATUS.". //76 STAT. 472; 80
STAT. 1122.//
(2) BY INSERTING THE FOLLOWING NEW ITEM IN THE ANALYSIS:
"411B. TRAVEL AND TRANSPORTATION ALLOWANCES: TRAVEL PERFORMED IN
CONNECTION WITH CERTAIN LEAVE."
IMMEDIATELY BELOW
"411A. TRAVEL AND TRANSPORTATION ALLOWANCES: TRAVEL PERFORMED IN
CONNECTION WITH CONVALESCENT LEAVE.".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 711 (COMM. ON ARMED SERVICES).
SENATE REPORT NO. 93 - 523 (COMM. ON ARMED SERVICES).
CONGRESSIONAL RECORD, VOL. 119 (1973):
NOV. 20, CONSIDERED AND PASSED SENATE. DEC. 17, CONSIDERED AND
PASSED HOUSE.
PUBLIC LAW 93-212; 87 STAT. 909
TO AUTHORIZE THE DISPOSAL OF ZINC FROM THE NATIONAL STOCKPILE
AND THE SUPPLEMENTAL STOCKPILE.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE ADMINISTRATOR
OF GENERAL SERVICES IS HEREBY AUTHORIZED TO DISPOSE OF, BY NEGOTIATION
OR OTHERWISE, APPROXIMATELY THREE HUNDRED FIFTY SEVEN THOUSAND THREE
HUNDRED SHORT TONS OF ZINC NOW HELD IN THE NATIONAL STOCKPILE
ESTABLISHED PURSUANT TO THE STRATEGIC AND CRITICAL MATERIALS STOCK
PILING ACT (50 U.S.C. 98 - 98H) //60 STAT. 596; 85 STAT. 427.// AND THE
SUPPLEMENTAL STOCKPILE ESTABLISHED PURSUANT TO SECTION 104 (B) OF THE
ARGICULTURAL TRADE DEVELOPMENT AND ASSISTANCE ACT OF 1954 (68 STAT.
456, AS AMENDED BY 73 STAT. 607). //7 USC 1704// SUCH DISPOSITION MAY
BE MADE WITHOUT REGARD TO THE REQUIREMENTS OF SECTION 3 OF THE STRATEGIC
AND CRITICAL MATERIALS STOCK PILING ACT: PROVIDED, THAT THE TIME AND
METHOD OF DISPOSITION SHALL BE FIXED WITH DUE REGARD TO THE PROTECTION
OF THE UNITED STATES AGAINST AVOIDABLE LOSS AND THE PROTECTION OF
PRODUCERS, PROCESSORS, AND CONSUMERS AGAINST AVOIDABLE DISRUPTION OF
THEIR USUAL MARKETS.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 724 (COMM. ON ARMED SERVICES).
SENATE REPORT NO. 93 - 452 (COMM. ON ARMED SERVICES).
CONGRESSIONAL RECORD, VOL. 119 (1973):
OCT. 10, CONSIDERED AND PASSED SENATE. DEC. 18, CONSIDERED AND
PASSED HOUSE.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VOL. 10, NO. 1
(1974): DEC. 31, 1973, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-211; 87 STAT. 909
TO PROVIDE FOR THE ESTABLISHMENT OF THE LYNDON BAINES JOHNSON
MEMORIAL GROVE ON THE POTOMAC.
WHEREAS FRIENDS AND ADMIRERS OF THE LATE PRESIDENT LYNDON BAINES
JOHNSON WITH TO PAY TRIBUTE TO HIM BY DEVELOPING A LIVING MEMORIAL IN
THE FORM OF A LYNDON BAINES JOHNSON MEMORIAL GROVE ON THE POTOMAC AND
HAVE FORMED A COMMITTEE, IN COOPERATION WITH THE SOCIETY FOR A MORE
BEAUTIFUL NATIONAL CAPITAL, INCORPORATED, A NONPROFIT CORPORATION
ESTABLISHED UNDER THE LAWS OF THE DISTRICT OF COLUMBIA ON APRIL 21,
1965, TO THAT END;
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE SECRETARY OF INTERIOR
IS AUTHORIZED TO COOPERATE WITH THE COMMITTEE FOR A LYNDON BAINES
JOHNSON MEMORIAL GROVE ON THE POTOMAC AND THE SOCIETY FOR A MORE
BEAUTIFUL NATIONAL CAPITAL, INCORPORATED, IN DEVELOPING AN APPROPRIATE
MEMORIAL IN THE FORM OF A LIVING GROVE OF TREES AND RELATED FACILITIES
TO HONOR LYNDON BAINES JOHNSON, THE THIRTY-SIXTH PRESIDENT OF THE UNITED
STATES.
SEC. 2. THE GROVE SHALL BE LOCATED ON A PORTION OF THE LAND
DESIGNATED BY THE SECRETARY OF THE INTERIOR ON NOVEMBER 12, 1968, AS
LADY BIRD JOHNSON PARK, WASHINGTON, DISTRICT OF COLUMBIA. THE DESIGN OF
THE GROVE SHALL BE SUBJECT TO THE APPROVAL OF THE SECRETARY OF THE
INTERIOR, THE NATIONAL CAPITAL PLANNING COMMISSION, AND THE COMMISSION
OF FINE ARTS.
SEC. 3. UNLESS FUNDS IN THE AMOUNT WHICH THE SECRETARY OF THE
INTERIOR DETERMINES ARE SUFFICIENT TO INSURE COMPLETION OF THE MEMORIAL
ARE CERTIFIED AVAILABLE, AND THE DEVELOPMENT OF THE MEMORIAL IS BEGUN
WITHIN TEN YEARS FROM THE DATE OF ENACTMENT OF THIS JOINT RESOLUTION,
THE AUTHORIZATION GRANTED BY THIS JOINT RESOLUTION SHALL LAPSE. THE
UNITED STATES SHALL BE PUT TO NO EXPENSE IN OR BY THE DEVELOPMENT OF
THIS MEMORIAL.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 731 (COMM. ON PUBLIC WORKS).
SENATE REPORT NO. 93 - 660 ACCOMPANYING S. J. RES. 178 (COMM. ON
RULES AND ADMINISTRATION).
CONGRESSIONAL RECORD, VOL. 119 (1973):
DEC. 18, CONSIDERED AND PASSED HOUSE. DEC. 20, CONSIDERED AND
PASSED SENATE, IN LIEU OF
S. J. RES. 178.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VOL. 10, NO. 1
(1974): DEC. 28, 1973, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-210; 87 STAT. 908
TO AMEND SECTION 291 (B) OF THE CENTRAL INTELLIGENCE AGENCY
RETIREMENT ACT OF 1964 FOR CERTAIN EMPLOYEES, RELATING TO
COST-OF-LIVING INCREASES, AND TO INCREASE THE PAY AND ALLOWANCES
OF CERTAIN OFFICERS OF THE ARMED FORCES WHOSE PAY AND ALLOWANCES
ARE NOT SUBJECT TO ADJUSTMENT TO REFLECT CHANGES IN THE CONSUMER
PRICE INDEX.
BE IT ENACTED BY THE SEANTE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT (A) SECTION 291 (B)
OF THE CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT OF 1964 FOR CERTAIN
EMPLOYEES, AS AMENDED (78 STAT. 1043; 50 U.S.C. 403 NOTE) IS FURTHER
AMENDED--
(1) BY RENUMBERING PARAGRAPHS (1), (2), AND (3) AS PARAGRAPHS
(2), (3), AND (4), RESPECTIVELY; AND
(2) BY INSERTING THE FOLLOWING NEW PARAGRAPH (1):
"(1) AN ANNUITY (EXCEPT A DISCONTINUED SERVICE BENEFIT UNDER SECTION
234 (A)) WHICH--
"(I) IS PAYABLE FROM THE FUND TO A PARTICIPANT WHO RETIRES, OR
TO THE WIDOW OR WIDOWER OF A DECEASED PARTICIPANT; AND
"(II) HAS A COMMENCING DATE AFTER THE EFFECTIVE DATE OF THE
THEN LAST PRECEDING ANNUITY INCREASE UNDER SECTION 291 (A);
SHALL NOT BE LESS THAN THE ANNUITY WHICH WOULD HAVE BEEN PAYABLE IF
THE COMMENCING DATE OF SUCH ANNUITY HAD BEEN THE EFFECTIVE DATE OF THE
THEN LAST PRECEDING ANNUITY INCREASE UNDER SECTION 291 (A). IN THE
ADMINISTRATION OF THIS PARAGRAPH, A PARTICIPANT OR DECEASED PARTICIPANT
SHALL BE DEEMED, FOR THE PURPOSES OF SECTION 221 (H), TO HAVE TO HIS
CREDIT, ON THE EFFECTIVE DATE OF THE THEN LAST PRECEDING ANNUITY
INCREASE UNDER SECTION 291 (A), A NUMBER OF DAYS OF UNUSED SICK LEAVE
EQUAL TO THE NUMBER OF DAYS OF UNUSED SICK LEAVE TO HIS CREDIT ON THE
DATE OF HIS SEPARATION FROM THE AGENCY.". //83 STAT. 847.//
(B) THE AMENDMENTS MADE BY SUBSECTION (A) SHALL APPLY ONLY WITH
RESPECT TO ANNUITIES WHICH COMMENCE ON OR AFTER JULY 2, 1973.
SEC. 2. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EFFECTIVE ON
THE DATE OF ENACTMENT OF THIS ACT, THE PAY AND ALLOWANCES OF MEMBERS OF
THE ARMED FORCES TO WHOM THIS ACT APPLIES SHALL BE INCREASED TO AMOUNTS
EQUAL TO THE AMOUNTS SUCH PAY AND ALLOWANCES WOULD HAVE BEEN INCREASED
IF THE PAY AND ALLOWANCES OF SUCH MEMBERS HAD BEEN INCREASED, UNDER
SECTION 1401A (B) OF TITLE 10, UNITED STATES CODE, //81 STAT. 652; 83
STAT. 837.// BY THE SAME PERCENTAGE RATES, CONSECUTIVELY COMPOUNDED,
THAT THE RETIRED PAY OR RETAINER PAY OF MEMBERS AND FORMER MEMBERS OF
THE ARMED FORCES ENTITLED TO RETIRED PAY OR RETAINER PAY SINCE OCTOBER
1, 1967, HAS BEEN INCREASED, AND SUCH MEMBER SHALL, ON AND AFTER THE
DATE OF ENACTMENT OF THIS ACT, HAVE HIS PAY AND ALLOWANCES INCREASED
EFFECTIVE THE SAME DAY AND BY THE SAME PERCENTAGE RATE THAT THE RETIRED
PAY OR RETAINER PAY OF MEMBERS AND FORMER MEMBERS OF THE ARMED FORCES IS
INCREASED UNDER SUCH SECTION 1401A (B).
(B) THIS SECTION APPLIES TO MEMBERS OF THE ARMED FORCES ENTITLED TO
PAY AND ALLOWANCES UNDER EITHER OF THE FOLLOWING PROVISIONS OF LAW:
(1) THE ACT OF JUNE 26, 1948, CHAPTER 677 (62 STAT. A224).
(2) THE ACT OF SEPTEMBER 18, 1950, CHAPTER 952 (64 STAT.
A224).
(C) NO AMOUNTS SHALL BE PAID, AS THE RESULT OF THE ENACTMENT OF THIS
SECTION, FOR ANY PERIOD PRIOR TO THE DATE OF ENACTMENT OF THIS SECTION.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 717 (COMM. ON ARMED SERVICES).
SENATE REPORT NO. 93 - 517 (COMM. ON ARMED SERVICES).
CONGRESSIONAL RECORD, VOL. 119 (1973):
NOV. 16, CONSIDERED AND PASSED SENATE. DEC. 17, CONSIDERED AND
PASSED HOUSE.
PUBLIC LAW 93-209; 87 STAT. 907
TO AMEND SECTION 4082 (C) OF TITLE 18, UNITED STATES CODE, TO
EXTEND THE LIMITS OF CONFINEMENT OF FEDERAL PRISONERS.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT PARAGRAPH (1) OF
SECTION 4082 (C), TITLE 18, UNITED STATES CODE, IS AMENDED TO READ AS
FOLLOWS: //79 STAT. 674.//
"(1) VISIT A SPECIFICALLY DESIGNATED PLACE OR PLACES FOR A
PERIOD NOT TO EXCEED THIRTY DAYS AND RETURN TO THE SAME OR ANOTHER
INSTITUTION OR FACILITY. AN EXTENSION OF LIMITS MAY BE GRANTED TO
PERMIT A VISIT TO A DYING RELATIVE, ATTENDANCE AT THE FUNERAL OF A
RELATIVE, THE OBTAINING OF MEDICAL SERVICES NOT OTHERWISE
AVAILABLE, THE CONTACTING OF PROSPECTIVE EMPLOYERS, THE
ESTABLISHMENT OR REESTABLISHMENT OF FAMILY AND COMMUNITY TIES OR
FOR ANY OTHER SIGNIFICANT REASON CONSISTENT WITH THE PUBLIC
INTEREST; OR".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 425 (COMM. ON THE JUDICIARY).
SENATE REPORT NO. 93 - 418 (COMM. ON THE JUDICIARY).
CONGRESSIONAL RECORD, VOL. 119 (1973):
SEPT. 17, CONSIDERED AND PASSED HOUSE. OCT. 8, CONSIDERED AND
PASSED SENATE, MENDED. AMOCT. 9, RECONSIDERED AND PASSED SENATE,
D. AMENDEDDEC. 17, HOUSE DISAGREED TO SENATE NDMENT. AMENDEC.
18, SENATE RECEDED FROM ITS AMENDMENT.
PUBLIC LAW 93-208; 87 STAT. 907
TO AMEND CHAPTER 36 OF TITLE 38, UNITED STATES CODE, TO
AUTHORIZE THE ADMINISTRATOR OF VETERANS' AFFAIRS TO CONTINUE
MAKING EDUCATIONAL ASSISTANCE AND SUBSISTENCE ALLOWANCE PAYMENTS
TO ELIGIBLE VETERANS AND ELIGIBLE PERSONS DURING PERIODS THAT THE
EDUCATIONAL INSTITUTIONS IN WHICH THEY ARE ENROLLED ARE
TEMPORARILY CLOSED PURSUANT TO POLICY PROCLAIMED BY THE PRESIDENT
OR BECAUSE OF EMERGENCY CONDITIONS.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 1780 (A) OF
TITLE 38, UNITED STATES CODE, //86 STAT. 1076.// IS AMENDED BY ADDING AT
THE END THEREOF THE FOLLOWING NEW SENTENCE: "NOTWITHSTANDING THE
FOREGOING, THE ADMINISTRATOR MAY, SUBJECT TO SUCH REGULATIONS AS HE
SHALL PRESCRIBE, CONTINUE TO PAY ALLOWANCES TO ELIGIBLE VETERANS AND
ELIGIBLE PERSONS ENROLLED IN COURSES SET FORTH IN CLAUSE (1) OR (2) OF
THIS SUBSECTION DURING PERIODS WHEN THE SCHOOLS ARE TEMPORARILY CLOSED
UNDER AN ESTABLISHED POLICY BASED UPON AN EXECUTIVE ORDER OF THE
PRESIDENT OR DUE TO AN EMERGENCY SITUATION, AND SUCH PERIODS SHALL NOT
BE COUNTED AS ABSENCES FOR THE PURPOSES OF CLAUSE (2).".
LEGISLATIVE HISTORY:
SENATE REPORT NO. 93 - 648 (COMM. ON VETERANS' AFFAIRS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
DEC. 19, CONSIDERED AND PASSED SENATE. DEC. 20, CONSIDERED AND
PASSED HOUSE.
PUBLIC LAW 93-207; 87 STAT. 906
TO AMEND THE FEDERAL WATER POLLUTION CONTROL ACT, AS AMENDED.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE FEDERAL WATER
POLLUTION CONTROL ACT (86 STAT. 816; 33 U.S.C. 1251 ET SEQ.) IS
AMENDED--
(1) IN SECTION 104 (U) (2), BY STRIKING OUT "FISCAL YEAR 1973"
AND INSERTING IN LIEU THEREOF "FISCAL YEARS 1973 AND 1974"; //33
USC 1254.//
(2) IN SECTION 206 (E), BY STRIKING OUT "$2,000,000,000" AND
INSERTING IN LIEU THEREOF "$2,600,000,000"; //33 USC 1286.//
(3) IN SECTION 207, BY INSERTING (206 (E)," AFTER "SECTIONS";
//33 USC 1287.//
(4) IN SECTION 311-- //33 USC 1321.//
(A) BY STRIKING OUT "(B) (2)" WHEREVER IT APPEARS IN PARAGRAPHS
(1), (2), AND (3), OF SUBSECTION (F), AND INSERTING IN LIEU
THEREOF "(B) (3)";
(B) BY STRIKING OUT "SECRETARY" IN THE LAST SENTENCE OF
PARAGRAPH (2) OF SUBSECTION (F), AND INSERTING IN LIEU THEREOF
"ADMINISTRATOR"; AND
(C) BY STRIKING OUT "(B) (2)" WHEREVER IT APPEARS IN
SUBSECTIONS (G) AND (I), AND INSERTING IN LIEU THEREOF "(B) (3)";
(5) IN SECTION 315, BY REDESIGNATING SUBSECTION (G) AS
SUBSECTION (H), AND BY ADDING A NEW SUBSECTION (G) TO READ AS
FOLLOWS: //33 USC 1325.//
"(G) IN ADDITION TO AUTHORITY TO APPOINT PERSONNEL SUBJECT TO THE
PROVISIONS OF TITLE 5, UNITED STATES CODE, GOVERNING APPOINTMENTS IN THE
COMPETITIVE SERVICE, AND TO PAY SUCH PERSONNEL IN ACCORDANCE WITH THE
PROVISIONS OF CHAPTER 51 AND SUBCHAPTER III OF CHAPTER 53 OF SUCH TITLE
RELATING TO CLASSIFICATION AND GENERAL SCHEDULE PAY RATES, //5 USC 5101,
5331.// THE COMMISSION SHALL HAVE AUTHORITY TO ENTER INTO CONTRACTS WITH
PRIVATE OR PUBLIC ORGANIZATIONS WHO SHALL FURNISH THE COMMISSION WITH
SUCH ADMINISTRATIVE AND TECHNICAL PERSONNEL AS MAY BE NECESSARY TO CARRY
OUT THE PRUPOSE OF THIS SECTION. PERSONNEL FURNISHED BY SUCH
ORGANIZATIONS UNDER THIS SUBSECTION ARE NOT, AND SHALL NOT BE CONSIDERED
TO BE, FEDERAL EMPLOYEES FOR ANY PURPOSES BUT IN THE PERFORMANCE OF
THEIR DUTIES SHALL BE GUIDED BY THE STANDARDS WHICH APPLY TO EMPLOYEES
OF THE LEGISLATIVE BRANCHES UNDER RULES 41 AND 43 OF THE SENATE AND
HOUSE OF REPRESENTATIVES, RESPECTIVELY."; AND
(6) IN SECTION 509 (B) (1) (C), BY STRIKING OUT "TREATMENT" AND
INSERTING IN LIEU THEREOF "PRETREATMENT". //33 USC 1369.//
SEC. 2. NOTWITHSTANDING THE REQUIREMENTS OF SUBSECTION (C) OF
SECTION 206 OF THE FEDERAL WATER POLLUTION CONTROL ACT (86 STAT. 838),
//33 USC 1286.// APPLICATIONS FOR ASSISTANCE UNDER SECTION 206 MAY BE
FILED WITH THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY
UNTIL JANUARY 31, 1974.
SEC. 3. FUNDS AVAILABLE FOR REIMBURSEMENT UNDER PUBLIC LAW 92 - 399
SHALL BE ALLOCATED IN ACCORDANCE WITH SUBSECTION (D) OF SECTION 206 OF
THE FEDERAL WATER POLLUTION CONTROL ACT (86 STAT. 838), //86 STAT. 591.
33 USC 1286.// PRO RATA AMONG ALL PROJECTS ELIGIBLE UNDER SUBSECTION (A)
OF SUCH SECTION 206 FOR WHICH APPLICATIONS HAVE BEEN SUBMITTED AND
APPROVED BY THE ADMINISTRATOR PURSUANT TO SUCH ACT. NOTWITHSTANDING THE
PROVISIONS OF SUBSECTION (D) OF SUCH SECTION 206, (1) THE ADMINISTRATOR
IS AUTHORIZED TO MAKE INTERIM PAYMENTS TO EACH SUCH PROJECT FOR WHICH AN
APPLICATION HAS BEEN APPROVED ON THE BASIS OF ESTIMATES OF MAXIMUM PRO
RATA ENTITLEMENT OF ALL APPLICANTS UNDER SECTION 206 (A) AND (2) FOR THE
PURPOSE OF DETERMINING ALLOCATION OF SUMS AVAILABLE UNDER PUBLIC LAW 92
- 399, THE UNPAID BALANCE OF REIMBURSEMENT DUE SUCH PROJECTS SHALL BE
COMPUTED AS OF JANUARY 31, 1974. UPON COMPLETION BY THE ADMINISTRATOR
OF HIS AUDIT AND APPROVAL OF ALL PROJECTS FOR WHICH AN APPLICATION HAS
BEEN FILED UNDER SUBSECTION (A) OF SUCH SECTION 206, THE ADMINISTRATOR
SHALL, WITHIN THE LIMITS OF APPROPRIATED FUNDS, ALLOCATE TO EACH SUCH
QUALIFIED PROJECT THE AMOUNT REMAINING, IF ANY, OF ITS TOTAL
ENTITLEMENT. //86 STAT. 838. 33 USC 1286.// AMOUNTS ALLOCATED TO
PROJECTS WHICH ARE LATER DETERMINED TO BE IN EXCESS OF ENTITLEMENT SHALL
BE AVAILABLE FOR REALLOCATION, UNTIL EXPENDED, TO OTHER QUALIFIED
PROJECTS UNDER SUBSECTION (A) OF SUCH SECTION 206. IN NO EVENT,
HOWEVER, SHALL ANY PAYMENTS EXCEED THE FEDERAL SHARE OF THE COST OF
CONSTRUCTION INCURRED TO THE DATE OF THE VOUCHER CONVERING SUCH PAYMENT
PLUS THE FEDERAL SHARE OF THE VALUE OF THE MATERIALS WHICH HAVE BEEN
STOCKPILED IN THE VICINITY OF SUCH CONSTRUCTION IN CONFORMITY TO PLANS
AND SPECIFICATIONS FOR THE PROJECT.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 680 (COMM. ON PUBLIC WORKS).
SENATE REPORT NO. 93 - 269 (COMM. ON PUBLIC WORKS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
JUNE 28, CONSIDERED AND PASSED SENATE. DEC. 3, CONSIDERED AND
PASSED HOUSE, AMENDED. ADEC. 14, SENATE AGREED TO HOUSE
AMENDMENT.
PUBLIC LAW 93-206; 87 STAT. 904
TO AUTHORIZE THE SECRETARY OF THE INTERIOR TO ENTER INTO
AGREEMENTS WITH NON-FEDERAL AGENCIES FOR THE REPLACEMENT OF THE
EXISTING AMERICAN FALLS DAM, MINIDOKA PROJECT, IDAHO, AND FOR
OTHER PURPOSES.
BE IT ENACTED BY THE SEANTE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE SECRETARY OF
THE INTERIOR (HEREINAFTER CALLED THE SECRETARY) IS AUTHORIZED TO
NEGOTIATE AND ENTER INTO AGREEMENTS WITH THE AMERICAN FALLS RESERVOIR
DISTRICT OR OTHER APPROPRIATE AGENCY REPRESENTING THE PRESENT
SPACEHOLDERS (HEREINAFTER CALLED THE CONSTRUCTING AGENCY), WHICH
AGREEMENTS SHALL AUTHORIZE THE CONSTRUCTING AGENCY TO FINANCE AND
PROVIDE FOR THE CONSTRUCTION OF A DAM AND RELATED FACILITIES TO REPLACE
THE EXISTING AMERICAN FALLS DAM OF THE MINIDOKA PROJECT, IDAHO-WYOMING.
THE UNITED STATES SHALL TAKE TITLE TO THE DAM UPON A DETERMINATION BY
THE SECRETARY THAT CONSTRUCTION OF THE DAM IS SUBSTANTIALLY COMPLETED,
AND THE DAM SHALL BE A FEATURE OF THE MINIDOKA RECLAMATION PROJECT AND
SHALL BE CONSIDERED TO BE A "GOVERNMENT DAM" AS DEFINED BY THE FEDERAL
POWER ACT (ACT OF JUNE 10, 1920, 41 STAT. 1063, AS AMENDED). //49 STAT.
863. 16 USC 791A.// THE SECRETARY SHALL OPERATE AND MAINTAIN THE
REPLACEMENT DAM AS A FEATURE OF THE MINIDOKA PROJECT. THE CONSTRUCTION
AND OPERATION OF THE REPLACEMENT DAM SHALL NOT RESULT IN AN INCREASE IN
THE ELEVATION OF THE RESERVOIR WATER SURFACE ABOVE THAT MAINTAINED FOR
THE ORIGINAL DAM, AND PROVISION SHALL BE MADE FOR THE CORRECTION AND
PREVENTION OF EROSION RELATED TO THE RESERVOIR OR FOR THE FULL AND
ADEQUATE COMPENSATION OF ADJACENT LANDOWNERS (INCLUDING OWNERS OF LAND
SUBJECT TO A FLOWAGE EASEMENT FOR THE RESERVOIR) IF SUCH EROSION CANNOT
BE CORRECTED OR PREVENTED.
SEC. 2. (A) REPLACEMENT OF THE EXISTING DAM AS AUTHORIZED IN SECTION
1 HEREOF SHALL IN NO WAY ALTER OR CHANGE THE PRESENT PROPORTIONATE
STORAGE RIGHTS OF PRESENT SPACEHOLDERS IN THE AMERICAN FALLS RESERVOIR
AND SHALL CONSTITUTE A REAFFIRMATION OF EXISTING CONTRACT RIGHTS BETWEEN
THE SECRETARY AND THE SPACEHOLDERS EXCEPT AS OTHERWISE PROVIDED IN THIS
ACT.
(B) THE CONSTRUCTING AGENCY SHALL: (I) INCLUDE AS A PART OF THE
PROJECT, A RIVER CROSSING MEETING THE THEN CURRENT DEPARTMENT OF
TRANSPORTATION STANDARDS FOR FEDERAL-AID SECONDARY HIGHWAY TWO-LANE
TRAFFIC, WHICH CROSSING SHALL BE LOCATED ON TOP OF THE REPLACEMENT DAM
OR IMMEDIATELY DOWNSTREAM FROM THE DAM, AND WHICH CROSSING SHALL BE
FINANCED BY STATED, FEDERAL, AND CONSTRUCTING AGENCY FUNDS, OR ANY
COMBINATION THEREOF AS THE PARTIES DEEM APPROPRIATE; AND (II) DESIGN
AND CONSTRUCT AN ADDITIONAL TWO LANES ON TOP OF THE REPLACEMENT DAM,
WHICH ADDITIONAL TWO LANES MAY BE FUNDED WITH STATE, FEDERAL, OR
CONSTRUCTING AGENCY FUNDS, OR ANY COMBINATION THEREOF. FOR THE PURPOSES
OF SUBPART (II) OF THIS SUBSECTION, THE CONSTRUCTING AGENCY SHALL BE
CONSIDERED AN "AGENCY" WITHIN THE MEANING OF SECTION 320 (A) OF TITLE
23, UNITED STATES CODE. //72 STAT. 917.//
(C) THE PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE DAM
SHALL REQUIRE THAT AN ADEQUATE TWO-LANE, TWO-WAY CROSSING SHALL BE
MAINTAINED AT OR NEAR THE SITE OF THE DAM DURING CONSTRUCTION.
SEC. 3. THE CONSTRUCTING AGENCY MAY ENTER INTO REPAYMENT CONTRACTS
WITH THE SPACEHOLDERS IN THE EXISTING AMERICAN FALLS RESERVOIR PROVIDING
FOR THE REPAYMENT BY THE SPACEHOLDERS OF PROPORTIONATE SHARES OF THE
TOTAL PROJECT COSTS INCURRED BY THE CONSTRUCTING AGENCY FOR ENGINEERING,
FINANCING, DESIGNING, AND CONSTRUCTING THE REPLACEMENT DAM, AND THE
SECRETARY SHALL BE A PARTY TO SAID CONTRACTS AND THE DELIVERY OF WATER
TO THE SPACEHOLDERS SHALL BE CONTINGENT UPON THE EXECUTION OF SUCH
CONTRACTS AND THE FULFILLMENT OF THE OBLIGATIONS THEREUNDER: PROVIDED,
THAT SAID CONTRACTS SHALL BE CONSISTENT WITH THE TERMS OF EXISTING
CONTRACTS BETWEEN THE SECRETARY AND THE SPACEHOLDERS FOR REPAYMENT OF
THE COSTS OF THE EXISTING AMERICAN FALLS DAM.
SEC. 4. THE CONSTRUCTING AGENCY MAY CONTRACT WITH AN APPROPRIATE
NON-FEDERAL ENTITY FOR THE USE OF THE FALLING WATER LEAVING THE DAM FOR
POWER GENERATION, WHICH CONTRACT SHALL PROVIDE FOR A MONETARY RETURN TO
THE CONSTRUCTING AGENCY TO DEFRAY THE COSTS OF CONSTRUCTION OF THE
REPLACEMENT DAM. THE CONSTRUCTING AGENCY MAY ENTER INTO AGREEMENTS WITH
AN APPROPRIATE NON-FEDERAL ENTITY TO COORDINATE THE CONSTRUCTION OF
HYDROELECTRIC POWER FACILITIES WITH THE CONSTRUCTION OF THE REPLACEMENT
DAM. THE CONTRACT AND AGREEMENTS FOR USE OF THE FALLING WATER SHALL NOT
BE SUBJECT TO THE LIMITATIONS OF SECTION 9 (C) OF THE RECLAMATION
PROJECT ACT OF 1939 (53 STAT. 1194), //43 USC 485H.// OR ANY SIMILAR
LIMITATIONS IN ANY OTHER APPLICABLE ACTS OF CONGRESS: PROVIDED, THAT
SAID CONTRACT FOR FALLING WATER SHALL BE APPROVED BY THE SECRETARY AND
SHALL NOT IMPAIR THE EFFICIENCY OF THE PROJECT TO SERVE THE OTHER
PURPOSES OF THE MINIDOKA PROJECT.
SEC. 5. CONSTRUCTION OF THE REPLACEMENT DAM SHALL NOT BE INITIATED
UNTIL THE SECRETARY HAS APPROVED THE DESIGNS AND SPECIFICATIONS OF THE
DAM AND THE PLAN OF CONSTRUCTION OF THE DAM AND OF THE PROPOSED
OPERATION OF THE DAM AND RESERVOIR. CONSTRUCTION OF EACH RELATED
FACILITY SHALL NOT BE INITIATED UNTIL THE SECRETARY HAS APPROVED THE
DESIGNS AND SPECIFICATIONS THEREOF. COSTS INCURRED BY THE SECRETARY IN
REVIEWING SUCH DESIGNS, SPECIFICATIONS, PLANS, AND CONSTRUCTION SHALL BE
INCLUDED AS PROJECT COSTS ALLOCATED TO BENEFICIARIES OF THE REPLACEMENT
DAM AND SHALL BE REIMBURSABLE TO THE SECRETARY.
SEC. 6. THE SECRETARY IS AUTHORIZED TO PROVIDE SPECIFIC FACILITIES
FOR PUBLIC RECREATION AND FISH AND WILDLIFE ENHANCEMENT IN CONNECTION
WITH THE REPLACEMENT DAM, AND THE COSTS OF SUCH FACILITIES SHALL BE
REPAID IN ACCORDANCE WITH THE PROVISIONS OF THE FEDERAL WATER PROJECT
RECREATION ACT (79 STAT. 213). //16 USC 460L - 12 NOTE.// IN ADDITION,
SPECIFIC FACILITIES FOR PUBLIC RECREATION MAY ALSO BE PROVIDED IN
ACCORDANCE WITH THE LAND AND WATER CONSERVATION FUND ACT OF 1965 (78
STAT. 897), AS AMENDED (16 U.S.C. 460, ET SEQ.).
SEC. 7. THERE IS HEREBY AUTHORIZED TO BE APPROPRIATED FOR
CONSTRUCTION OF SPECIFIC FACILITIES FOR PUBLIC RECREATION AND FISH AND
WILDLIFE ENHANCEMENT THE SUM OF $400,000 (JULY 1972 PRICES) PLUS OR
MINUS SUCH AMOUNTS, IF ANY, AS MAY BE REQUIRED BY REASON OF THE CHANGES
IN THE COST OF CONSTRUCTION WORK OF THE TYPE INVOLVED THEREIN AS SHOWN
BY ENGINEERING COST INDICES. THERE ARE ALSO AUTHORIZED TO BE
APPROPRIATED SUCH FUNDS AS MAY BE NECESSARY TO MEET THE PRORATED
CONSTRUCTION COST APPORTIONABLE TO THE IRRIGATION STORAGE RIGHTS OF THE
MICHAUD DIVISION OF THE FORT HALL INDIAN RESERVATION FOR SPACE IN THE
RESERVOIR BEHIND THE AMERICAN FALLS REPLACEMENT DAM AND SUCH COST SHALL
BE SUBJECT TO THE ACT OF JULY 1, 1932 (47 STAT. 564; 25 U.S.C. 368A).
//25 USC 386A.// THERE ARE ALSO AUTHORIZED TO BE APPROPRIATED SUCH FUNDS
AS ARE REQUIRED FOR THE OPERATION AND MAINTENANCE OF THE DAM AND RELATED
FACILITIES.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 701 (COMM. ON INTERIOR AND INSULAR AFFAIRS).
SENATE REPORT NO. 93 - 223 (COMM. ON INTERIOR AND INSULAR
AFFAIRS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
JUNE 19, CONSIDERED AND PASSED SENATE. DEC. 17, CONSIDERED AND
PASSED HOUSE, AMENDED. ADEC. 18, SENATE CONCURRED IN HOUSE
AMENDMENTS.
PUBLIC LAW 93-205, 87 STAT. 884; ENDANGERED SPECIES ACT OF 1973
TO PROVIDE FOR THE CONSERVATION OF ENDANGERED AND THREATENED
SPECIES OF FISH, WILDLIFE, AND PLANTS, AND FOR OTHER PURPOSES.
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 "ENDANGERED SPECIES ACT OF 1973".
SEC. 2. (A) FINDINGS.--THE CONGRESS FINDS AND DECLARES THAT--
(1) VARIOUS SPECIES OF FISH, WILDLIFE, AND PLANTS IN THE UNITED
STATES HAVE BEEN RENDERED EXTINCT AS A CONSEQUENCE OF ECONOMIC
GROWTH AND DEVELOPMENT UNTEMPERED BY ADEQUATE CONCERN AND
CONSERVATION;
(2) OTHER SPECIES OF FISH, WILDLIFE, AND PLANTS HAVE BEEN SO
DEPLETED IN NUMBERS THAT THEY ARE IN DANGER OF OR THREATENED WITH
EXTINCTION;
(3) THESE SPECIES OF FISH, WILDLIFE, AND PLANTS ARE OF
ESTHETIC, ECOLOGICAL, EDUCATIONAL, HISTORICAL, RECREATIONAL, AND
SCIENTIFIC VAULE TO THE NATION AND ITS PEOPLE;
(4) THE UNITED STATES HAS PLEDGED ITSELF AS A SOVEREIGN STATE
IN THE INTERNATIONAL COMMUNITY TO CONSERVE TO THE EXTENT
PRACTICABLE THE VARIOUS SPECIES OF FISH OR WILDLIFE AND PLANTS
FACING EXTINCTING, PURSUANT TO--
(A) MIGRATORY BIRD TREATIES WITH CANADA AND MEXICO;
(B) THE MIGRATORY AND ENDANGERED BIRD TREATY WITH JAPAN;
(C) THE CONVENTION ON NATURE PROTECTION AND WILDLIFE
PRESERVATION IN THE WESTERN HEMISPHERE; //56 STAT. 1354.//
(D) THE INTERNATIONAL CONVENTION FOR THE NORTHWEST ATLANTIC
FISHERIES; //1 UST 477.//
(E) THE INTERNATIONAL CONVENTION FOR THE HIGH SEAS FISHERIES OF
THE NORTH PACIFIC OCEAN; //4 UST 380.//
(F) THE CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES
OF WILD FAUNA AND FLORA; AND
(G) OTHER INTERNATIONAL AGREEMENTS.
(5) ENCOURAGING THE STATE AND OTHER INTERESTED PARTIES, THROUGH
FEDERAL FINANCIAL ASSISTANCE AND A SYSTEM OF INCENTIVES, TO
DEVELOP AND MAINTAIN CONSERVATION PROGRAMS WHICH MEET NATIONAL AND
INTERNATIONAL STANDARDS IS A KEY TO MEETING THE NATION'S
INTERNATIONAL COMMITMENTS AND TO BETTER SAFEGUARDING, FOR THE
BENEFIT OF ALL CITIZENS, THE NATION'S HERITAGE IN FISH AND
WILDLIFE.
(B) PURPOSES.--THE PURPOSES OF THIS ACT ARE TO PROVIDE A MEANS
WHEREBY THE ECOSYSTEMS UPON WHICH ENDANGERED SPECIES AND THREATENED
SPECIES DEPEND MAY BE CONSERVED, TO PROVIDE A PROGRAM FOR THE
CONSERVATION OF SUCH ENDANGERED SPECIES AND THREATENED SPECIES, AND TO
TAKE SUCH STEPS AS MAY BE APPROPRIATE TO ACHIEVE THE PURPOSES OF THE
TREATIES AND CONVENTIONS SET FORTH IN SUBSECTION (A) OF THIS SECTION.
(C) POLICY.--IT IS FURTHER DECLARED TO BE THE POLICY OF CONGRESS THAT
ALL FEDERAL DEPARTMENTS AND AGENCIES SHALL SEEK TO CONSERVE ENDANGERED
SPECIES AND THREATENED SPECIES AND SHALL UTILIZE THEIR AUTHORITIES IN
FURTHERANCE OF THE PURPOSES OF THIS ACT.
SEC. 3. FOR THE PURPOSES OF THIS ACT--
(1) THE TERM "COMMERCIAL ACTIVITY" MEANS ALL ACTIVITIES OF
INDUSTRY AND TRADE, INCLUDING, BUT NOT LIMITED TO, THE BUYING OR
SELLING OF COMMODITIES AND ACTIVITIES CONDUCTED FOR THE PURPOSE OF
FACILITATING SUCH BUYING AND SELLING.
(2) THE TERMS "CONSERVE", "CONSERVING", AND "CONSERVATION" MEAN
TO USE AND THE USE OF ALL METHODS AND PROCEDURES WHICH ARE
NECESSARY TO BRING ANY ENDANGERED SPECIES OR THREATENED SPECIES TO
THE POINT AT WHICH THE MEASURES PROVIDED PURSUANT TO THIS ACT ARE
NO LONGER NECESSARY. SUCH METHODS AND PROCEDURES INCLUDE, BUT ARE
NOT LIMITED TO, ALL ACTIVITIES ASSOCIATED WITH SCIENTIFIC
RESOURCES MANAGEMENT SUCH AS RESEARCH, CENSUS, LAW ENFORCEMENT,
HABITAT ACQUISITION AND MAINTENANCE, PROPAGATION, LIVE TRAPPING,
AND TRANSPLANTATION, AND, IN THE EXTRAORDINARY CASE WHERE
POPULATION PRESSURES WITHIN A GIVEN ECOSYSTEM CANNOT BE OTHERWISE
RELIEVED, MAY INCLUDE REGULATED TAKING.
(3) THE TERM "CONVENTION" MEANS THE CONVENTION ON INTERNATIONAL
TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA, SIGNED ON
MARCH 3, 1973, AND THE APPENDICES THERETO.
(4) THE TERM "ENDANGERED SPECIES" MEANS ANY SPECIES WHICH IS IN
DANGER OF EXTINCTION THROUGHOUT ALL OR A SIGNIFICANT PORTION OF
ITS RANGE OTHER THAN A SPECIES OF THE CLASS INSECTA DETERMINED BY
THE SECRETARY TO CONSTITUTE A PEST WHOSE PROTECTION UNDER THE
PROVISIONS OF THIS ACT WOULD PRESENT AN OVERWHELMING AND
OVERRIDING RISK TO MAN.
(5) THE TERM "FISH OR WILDLIFE" MEANS ANY MEMBER OF THE ANIMAL
KINGDOM, INCLUDING WITHOUT LIMITATION ANY MAMMAL, FISH, BIRD
(INCLUDING ANY MIGRATORY, NONMIGRATORY, OR ENDANGERED BIRD FOR
WHICH PROTECTION IS ALSO AFFORDED BY TREATY OR OTHER INTERNATIONAL
AGREEMENT), AMPHIBIAN, REPTILE, MOLLUSK, CRUSTACEAN, ARTHROPOD OR
OTHER INVERTEBRATE, AND INCLUDES ANY PART, PRODUCT, EGG, OR
OFFSPRING THEREOF, OR THE DEAD BODY OR PARTS THEREOF.
(6) THE TERM "FOREIGN COMMERCE" INCLUDES, AMONG OTHER THINGS,
ANY TRANSACTION--
(A) BETWEEN PERSONS WITHIN ONE FOREIGN COUNTRY;
(B) BETWEEN PERSONS IN TWO OR MORE FOREIGN COUNTRIES;
(C) BETWEEN A PERSON WITHIN THE UNITED STATES AND A PERSON IN A
FOREIGN COUNTRY; OR
(D) BETWEEN PERSONS WITHIN THE UNITED STATES, WHERE THE FISH
AND WILDLIFE IN QEUSTION ARE MOVING IN ANY COUNTRY OR COUNTRIES
OUTSIDE THE UNITED STATES.
(7) THE TERM "IMPORT" MEANS TO LAND ON, BRING INTO, OR
INTRODUCE INTO, OR ATTEMPT TO LAND ON, BRING INTO, OR INTRODUCE
INTO, ANY PLACE SUBJECT TO THE JURISDICTION OF THE UNITED STATES,
WHETHER OR NOT SUCH LANDING, BRINGING, OR INTRODUCTION CONSTITUTES
AN IMPORTATION WITHIN THE MEANING OF THE CUSTOMS LAWS OF THE
UNITED STATES.
(8) THE TERM "PERSON" MEANS AN INDIVIDUAL, CORPORATION,
PARTNERSHIP, TRUST, ASSOCIATION, OR ANY OTHER PRIVATE ENTITY, OR
ANY OFFICER, EMPLOYEE, AGENT, DEPARTMENT, OR INSTRUMENTALITY OF
THE FEDERAL GOVERNMENT, OF ANY STATE OR POLITICAL SUBDIVISION
THEREOF, OR OF ANY FOREIGN GOVERNMENT.
(9) THE TERM "PLANT" MEANS ANY MEMBER OF THE PLANT KINGDOM,
INCLUDING SEEDS, ROOTS, AND OTHER PARTS THEREOF.
(10) THE TERM "SECRETARY" MEANS, EXCEPT AS OTHERWISE HEREIN
PROVIDED, THE SECRETARY OF THE INTERIOR OR THE SECRETARY OF
COMMERCE AS PROGRAM RESPONSIBILITIES ARE VESTED PURSUANT TO THE
PROVISIONS OF REORGANIZATION PLAN NUMBERED 4 OF 1970; //84 STAT.
2090. 5 USC APP.// EXCEPT THAT WITH RESPECT TO THE ENFORCEMENT OF
THE PROVISIONS OF THIS ACT AND THE CONVENTION WHICH PERTAIN TO THE
IMPORTATION OR EXPORTATION OF TERRESTRIAL PLANTS, THE TERM MEANS
THE SECRETARY OF AGRICULTURE.
(11) THE TERM "SPECIES" INCLUDES ANY SUBSPECIES OF FISH OR
WILDLIFE OR PLANTS AND ANY OTHER GROUP OF FISH OR WILDLIFE OF THE
SAME SPECIES OR SMALLER TAXA IN COMMON SPATIAL ARRANGEMENT THAT
INTERBREED WHEN MATURE.
(12) THE TERM "STATE" MEANS ANY OF THE SEVERAL STATES, THE
DISTRICT OF COLUMBIA, THE COMMONWEALTH OF PUERTO RICO, AMERICAN
SOMOA, THE VIRGIN ISLANDS, GUAM, AND THE TRUST TERRITORY OF THE
PACIFIC ISLANDS.
(13) THE TERM "STATE AGENCY" MEANS THE STATE AGENCY,
DEPARTMENT, BOARD, COMMISSION, OR OTHER GOVERNMENTAL ENTITY WHICH
IS RESPONSIBLE FOR THE MANAGEMENT AND CONSERVATION OF FISH OR
WILDLIFE RESOURCES WITHIN A STATE.
(14) THE TERM "TAKE" MEANS TO HARASS, HARM, PURSUE, HUNT,
SHOOT, WOUND, KILL, TRAP, CAPTURE, OR COLLECT, OR TO ATTEMPT TO
ENGAGE IN ANY SUCH CONDUCT.
(15) THE TERM "THREATENED SPECIES" MEANS ANY SPECIES WHICH IS
LIKELY TO BECOME AN ENDANGERED SPECIES WITHIN THE FORSEEABLE
FUTURE THROUGHOUT ALL OR A SIGNIFICANT PORTION OF ITS RANGE.
(16) THE TERM "UNITED STATES", WHEN USED IN A GEOGRAPHICAL
CONTEXT, INCLUDES ALL STATES.
SEC. 4. (A) GENERAL.--(1) THE SECRETARY SHALL BE REGULATION DETERMINE
WHETHER ANY SPECIES IS AN ENDANGERED SPECIES OR A THREATENED SPECIES
BECAUSE OF ANY OF THE FOLLOWING FACTORS:
(1) THE PRESENT OR THREATENED DESTRUCTION, MODIFICATION, OR
CURTAILMENT OF ITS HABITAT OR RANGE;
(2) OVERUTILIZATION FOR COMMERCIAL, SPORTING, SCIENTIFIC, OR
EDUCATIONAL PURPOSES;
(3) DISEASE OR PREDATION;
(4) THE INADEQUACY OF EXISTING REGULATORY MECHANISMS; OR
(5) OTHER NATURAL OR MANMADE FACTORS AFFECTING ITS CONTINUED
EXISTENCE.
(2) WITH RESPECT TO ANY SPECIES OVER WHICH PROGRAM RESPONSIBILITIES
HAVE BEEN VESTED IN THE SECRETARY OF COMMERCE PURSUANT TO REORGANIZATION
PLAN NUMBERED 4 OF 1970--
(A) IN ANY CASE IN WHICH THE SECRETARY OF COMMERCE DETERMINES
THAT SUCH SPECIES SHOULD--
(I) BE LISTED AS AN ENDANGERED SPECIES OR A THREATENED SPECIES,
OR
(II) BE CHANGED IN STATUS FROM A THREATENED SPECIES TO AN
ENDANGERED SPECIES,
HE SHALL SO INFORM THE SECRETARY OF THE INTERIOR, WHO SHALL
LIST SUCH SPECIES IN ACCORDANCE WITH THIS SECTION;
(B) IN ANY CASE IN WHICH THE SECRETARY OF COMMERCE DETERMINES
THAT SUCH SPECIES SHOULD--
(I) BE REMOVED FROM ANY LIST PUBLISHED PURSUANT TO SUBSECTION
(C) OF THIS SECTION, OR
(II) BE CHANGED IN STATUS FROM AN ENDANGERED SPECIES TO A
THREATENED SPECIES, HE SHALL RECOMMEND SUCH ACTION TO THE
SECRETARY OF THE INTERIOR, AND THE SECRETARY OF THE INTERIOR, IF
HE CONCURS IN THE RECOMMENDATIONS, SHALL IMPLEMENT SUCH ACTION;
AND
(C) THE SECRETARY OF THE INTERIOR MAY NOT LIST OR REMOVE FROM
ANY LIST ANY SUCH SPECIES, AND MAY NOT CHANGE THE STATUS OF ANY
SUCH SPECIES WHICH ARE LISTED, WITHOUT A PRIOR FAVORABLE
DETERMINATION MADE PURSUANT TO THIS SECTION BY THE SECRETARY OF
COMMERCE.
(B) BASIS FOR DETERMINATION.-- (1) THE SECRETARY SHALL MAKE
DETERMINATIONS REQUIRED BY SUBSECTION (A) OF THIS SECTION ON THE BASIS
OF THE BEST SCIENTIFIC AND COMMERCIAL DATA AVAILABLE TO HIM AND AFTER
CONSULTATION, AS APPROPRIATE, WITH THE AFFECTED STATES, INTERESTED
PERSONS AND ORGANIZATIONS, OTHER INTERESTED FEDERAL AGENCIES, AND, IN
COOPERATION WITH THE SECRETARY OF STATE, WITH THE COUNTRY OR COUNTRIES
IN WHICH THE SPECIES CONCERED IS NORMALLY FOUND OR WHOSE CITIZENS
HARVEST SUCH SPECIES ON THE HIGH SEAS; EXCEPT THAT IN ANY CASE IN WHICH
SUCH DETERMINATIONS INVOLVE RESIDENT SPECIES OF FISH OR WILDLIFE, THE
SECRETARY OF THE INTERIOR MAY NOT ADD SUCH SPECIES TO, OR REMOVE SUCH
SPECIES FROM, ANY LIST PUBLISHED PURSUANT TO SUBSECTION (C) OF THIS
SECTION, UNLESS THE SECRETARY HAS FIRST--
(A) PUBLISHED NOTICE IN THE FEDERAL REGISTER AND NOTIFIED THE
GOVERNOR OF EACH STATE WITHIN WHICH SUCH SPECIES IS THEN KNOWN TO
OCCUR THAT SUCH ACTION IS CONTEMPLATED;
(B) ALLOWED EACH SUCH STATE 90 DAYS AFTER NOTIFICATION TO
SUBMIT ITS COMMENTS AND RECOMMENDATIONS, EXCEPT TO THE EXTENT THAT
SUCH PERIOD MAY BE SHORTENED BY AGREEMENT BETWEEN THE SECRETARY
AND THE GOVERNOR OR GOVERNORS CONCERNED; AND
(C) PUBLISHED IN THE FEDERAL REGISTER A SUMMARY OF ALL COMMENTS
AND RECOMMENDATIONS RECEIVED BY HIM WHICH RELATE TO SUCH PROPOSED
ACTION.
(2) IN DETERMINING WHETHER OR NOT ANY SPECIES IS AN ENDANGERED
SPECIES OR A THREATENED SPECIES, THE SECRETARY SHALL TAKE INTO
CONSIDERATION THOSE EFFORTS, IF ANY, BEING MADE BY ANY NATION OR ANY
POLITICAL SUBDIVISION OF ANY NATION TO PROTECT SUCH SPECIES, WHETHER BY
PREDATOR CONTROL, PROTECTION OF HABITAT AND FOOD SUPPLY, OR OTHER
CONSERVATION PRACTICES, WITHIN ANY AREA UNDER THE JURISDICTION OF ANY
SUCH NATION OR POLITICAL SUBDIVISION, OR ON THE HIGH SEAS.
(3) SPECIES WHICH HAVE BEEN DESIGNATED AS REQUIRING PROTECTION FROM
UNRESTRICTED COMMERCE BY ANY FOREIGN COUNTRY, OR PURSUANT TO ANY
INTERNATIONAL AGREEMENT, SHALL RECEIVE FULL CONSIDERATION BY THE
SECRETARY TO DETERMINE WHETHER EACH IS AN ENDANGERED SPECIES OR A
THREATENED SPECIES.
(C) LISTS.--(1) THE SECRETARY OF THE INTERIOR SHALL PUBLISH IN THE
FEDERAL REGISTER, AND FROM TIME TO TIME HE MAY BY REGULATION REVISE, A
LIST OF ALL SPECIES DETERMINED BY HIM OR THE SECRETARY OF COMMERCE TO BE
ENDANGERED SPECIES AND A LIST OF ALL SPECIES DETERMINED BY HIM OR THE
SECRETARY OF COMMERCE TO BE THREATENED SPECIES. EACH LIST SHALL REFER
TO THE SPECIES CONTAINED THEREIN BY SCIENTIFIC AND COMMON NAME OR NAMES,
IF ANY, AND SHALL SPECIFY WITH RESPECT TO EACH SUCH SPECIES OVER WHAT
PORTION OF ITS RANGE IT IS ENDANGERED OR THREATENED.
(2) THE SECRETARY SHALL, UPON THE PETITION OF AN INTERESTED PERSON
UNDER SUBSECTION 553 (E) OF TITLE 5, UNITED STATES CODE, //80 STAT.
383.// CONDUCT A REVIEW OF ANY LISTED OR UNLISTED SPECIES PROPOSED TO BE
REMOVED FROM OR ADDED TO EITHER OF THE LISTS PUBLISHED PURSUANT TO
PARAGRAPH (1) OF THIS SUBSECTION, BUT ONLY IF HE MAKES AND PUBLISHES A
FINDING THAT SUCH PERSON HAS PRESENTED SUBSTANTIAL EVIDENCE WHICH IN HIS
JUDGMENT WARRANTS SUCH A REVIEW.
(3) ANY LIST IN EFFECT ON THE DAY BEFORE THE DATE OF THE ENACTMENT OF
THIS ACT OF SPECIES OF FISH OR WILDLIFE DETERMINED BY THE SECRETARY OF
THE INTERIOR, PURSUANT TO THE ENDANGERED SPECIES CONSERVATION ACT OF
1969, TO BE THREATENED WITH EXTINCTION SHALL BE REPUBLISHED TO CONFORM
TO THE CLASSIFICATION FOR ENDANGERED SPECIES OR THREATENED SPECIES, AS
THE CASE MAY BE, PROVIDED FOR IN THIS ACT, BUT UNTIL SUCH REPUBLICATION,
ANY SUCH SPECIES SO LISTED SHALL BE DEEMED AN ENDANGERED SPECIES WITHIN
THE MEANING OF THIS ACT. //80 STAT. 926; 83 STAT. 275, 283. 16 USC
668AA NOTE.// THE REPUBLICATION OF ANY SPECIES PURSUANT TO THIS
PARAGRAPH SHALL NOT REQUIRE PUBLIC HEARING OR COMMENT UNDER SECTION 553
OF TITLE 5, UNITED STATES CODE.
(D) PROTECTIVE REGULATIONS. -- WHENEVER ANY SPECIES IS LISTED AS A
THREATENED SPECIES PURSUANT TO SUBSECTION (C) OF THIS SECTION, THE
SECRETARY SHALL ISSUE SUCH REGULATIONS AS HE DEEMS NECESSARY AND
ADVISABLE TO PROVIDE FOR THE CONSERVATION OF SUCH SPECIES. THE
SECRETARY MAY BY REGULATION PROHIBIT WITH RESPECT TO ANY THREATENED
SPECIES ANY ACT PROHIBITED UNDER SECTION 9 (A) (1), IN THE CASE OF FISH
OR WILDLIFE, OR SECTION 9 (A) (2), IN THE CASE OF PLANTS, WITH RESPECT
TO ENDANGERED SPECIES; //POST, P. 893.// EXCEPT THAT WITH RESPECT TO
THE TAKING OF RESIDENT SPECIES OF FISH OR WILDLIFE, SUCH REGULATIONS
SHALL APPLY IN ANY STATE WHICH HAS ENTERED INTO A COOPERATIVE AGREEMENT
PURSUANT TO SECTION 6 (A) OF THIS ACT ONLY TO THE EXTENT THAT SUCH
REGULATIONS HAVE ALSO BEEN ADOPTED BY SUCH STATE.
(E) SIMILARITY OF APPEARANCE CASES--THE SECRETARY MAY, BY REGULATION,
AND TO THE EXTENT HE DEEMS ADVISABLE, TREAT ANY SPECIES AS AN ENDANGERED
SPECIES OR THREATENED SPECIES EVEN THOUGH IT IS NOT LISTED PURSUANT TO
SECTION 4 OF THIS ACT IF HE FINDS THAT--
(A) SUCH SPECIES SO CLOSELY RESEMBLES IN APPEARANCE, AT THE
POINT IN QUESTION, A SPECIES WHICH HAS BEEN LISTED PURSUANT TO
SUCH SECTION THAT ENFORCEMENT PERSONNEL WOULD HAVE SUBSTANTIAL
DIFFICULTY IN ATTEMPTING TO DIFFERENTIATE BETWEEN THE LISTED AND
UNLISTED SPECIES;
(B) THE EFFECT OF THIS SUBSTANTIAL DIFFICULTY IS AN ADDITIONAL
THREAT TO AN ENDANGERED OR THREATENED SPECIES; AND
(C) SUCH TREATMENT OF AN UNLISTED SPECIES WILL SUBSTANTIALLY
FACILITATE THE ENFORCEMENT AND FURTHER THE POLICY OF THIS ACT.
(F) REGULATIONS.--(1) EXCEPT AS PROVIDED IN PARAGRAPHS (2) AND (3) OF
THIS SUBSECTION AND SUBSECTION (B) OF THIS SECTION, THE PROVISIONS OF
SECTION 553 OF TITLE 5, UNITED STATES CODE (RELATING TO RULEMAKING
PROCEDURES), SHALL APPLY TO ANY REGULATION PROMULGATED TO CARRY OUT THE
PURPOSES OF THIS ACT.
(2) (A) IN THE CASE OF ANY REGULATION PROPOSED BY THE SECRETARY TO
CARRY OUT THE PURPOSES OF THIS ACT--
(I) THE SECRETARY SHALL PUBLISH GENERAL NOTICE OF THE PROPOSED
REGULATION (INCLUDING THE COMPLETE TEXT OF THE REGULATION) IN THE
FEDERAL REGISTER NOT LESS THAN 60 DAYS BEFORE THE EFFECTIVE DATE
OF THE REGULATION; AND
(II) IF ANY PERSON WHO FEELS THAT HE MAY BE ADVERSELY AFFECTED
BY THE PROPOSED REGULATION FILES (WITHIN 45 DAYS AFTER THE DATE OF
PUBLICATION OF GENERAL NOTICE) OBJECTIONS THERETO AND REQUESTS A
PUBLIC HEARING THEREON, THE SECRETARY MAY GRANT SUCH REQUEST, BUT
SHALL, IF HE DENIES SUCH REQUEST, PUBLISH HIS REASONS THEREFOR IN
THE FEDERAL REGISTER.
(B) NEITHER SUBPARAGRAPH (A) OF THIS PARAGRAPH NOR SECTION 553 OF
TITLE 5, UNITED STATES CODE, //80 STAT. 383.// SHALL APPLY IN THE CASE
OF ANY OF THE FOLLOWING REGULATIONS AND ANY SUCH REGULATION SHALL, AT
THE DISCRETION OF THE SECRETARY, TAKE EFFECT IMMEDIATELY UPON
PUBLICATION OF THE REGULATION IN THE FEDERAL REGISTER:
(I) ANY REGULATION APPROPRIATE TO CARRY OUT THE PURPOSES OF
THIS ACT WHICH WAS ORIGINALLY PROMULGATED TO CARRY OUT THE
ENDANGERED SPECIES CONSERVATION ACT OF 1969. //80 STAT. 926; 83
STAT. 275, 283. 16 USC 668AA NOTE.//
(II) ANY REGULATION (INCLUDING ANY REGULATION IMPLEMENTING
SECTION 6 (G) (2) (B) (II) OF THIS ACT) ISSUED BY THE SECRETARY IN
REGARD TO ANY EMERGENCY POSING A SIGNIFICANT RISK TO THE
WELL-BEING OF ANY SPECIES OF FISH OR WILDLIFE, BUT ONLY IF (I) AT
THE TIME OF PUBLICATION OF THE REGULATION IN THE FEDERAL REGISTER
THE SECRETARY PUBLISHES THEREIN DETAILED REASONS WHY SUCH
REGULATION IS NECESSARY, AND (II) IN THE CASE SUCH REGULATION
APPLIES TO RESIDENT SPECIES OF FISH AND WILDLIFE, THE REQUIREMENTS
OF SUBSECTTION (B) (A), (B), AND (C) OF THIS SECTION HAVE BEEN
COMPLIED WITH. ANY REGULATION PROMULGATED UNDER THE AUTHORITY OF
THIS CLAUSE (II) SHALL CEASE TO HAVE FORCE AND EFFECT AT THE CLOSE
OF THE 120-DAY PERIOD FOLLOWING THE DATE OF PUBLICATION UNLESS,
DURING SUCH 120-DAY PERIOD, THE RULEMAKING PROCEDURES WHICH WOULD
APPLY TO SUCH REGULATION WITHOUT REGARD TO THIS SUBPARAGRAPH ARE
COMPLIED WITH.
(3) THE PUBLICATION IN THE FEDERAL REGISTER OF ANY PROPOSED OR FINAL
REGULATION WHICH IS NECESSARY OR APPROPRIATE TO CARRY OUT THE PURPOSES
OF THIS ACT SHALL INCLUDE A STATEMENT BY THE SECRETARY OF THE FACTS ON
WHICH SUCH REGULATION IS BASED AND THE RELATIONSHIP OF SUCH FACTS TO
SUCH REGULATION.
SEC. 5. (A) PROGRAM.--THE SECRETARY OF THE INTERIOR SHALL ESTABLISH
AND IMPLEMENT A PROGRAM TO CONSERVE (A) FISH OR WILDLIFE WHICH ARE
LISTED AS ENDANGERED SPECIES OR THREATENED SPECIES PURSUANT TO SECTION 4
OF THIS ACT; OR (B) PLANTS WHICH ARE CONCLUDED IN APPENDICES TO THE
CONVENTION. TO CARRY OUT SUCH PROGRAM, HE--
(1) SHALL UTILIZE THE LAND ACQUISITION AND OTHER AUTHORITY
UNDER THE FISH AND WILDLIFE ACT OF 1956, AS AMENDED, THE FISH AND
WILDLIFE COORDINATION ACT, AS AMENDED, AND THE MIGRATORY BIRD
CONSERVATION ACT, AS APPROPRIATE; AND //70 STAT. 1119. 16 USC
742A NOTE. 60 STAT. 1080; 72 STAT. 563. 16 USC 661 NOTE.//
(2) IS AUTHORIZED TO ACQUIRE BY PURCHASE, DONATION, OR
OTHERWISE, LANDS, WATERS, OR INTEREST THEREIN, AND SUCH AUTHORITY
SHALL BE IN ADDITION TO ANY OTHER LAND ACQUISITION AUTHORITY
VESTED IN HIM.
(B) ACQUISITIONS.--FUNDS MADE AVAILABLE PURSUANT TO THE LAND AND
WATER CONSERVATION FUND ACT OF 1965, AS AMENDED, MAY BE USED FOR THE
PURPOSE OF ACQUIRING LANDS, WATERS, OR INTERESTS THEREIN UNDER
SUBSECTION (A) OF THIS SECTION. //45 STAT. 1222. 16 USC 460L-4 NOTE.//
SEC. 6. (A) GENERAL.--IN CARRYING OUT THE PROGRAM AUTHORIZED BY THIS
ACT, THE SECRETARY SHALL COOPERATE TO THE MAXIMUM EXTENT PRACTICABLE
WITH THE STATES. SUCH COOPERATION SHALL INCLUDE CONSULTATION WITH THE
STATES CONCERNED BEFORE ACQUIRING ANY LAND OR WATER, OR INTEREST
THEREIN, FOR THE PURPOSE OF CONSERVING ANY ENDANGERED SPECIES OR
THREATENED SPECIES.
(B) MANAGEMENT AGREEMENTS. -- THE SECRETARY MAY ENTER INTO AGREEMENTS
WITH ANY STATE FOR THE ADMINISTRATION AND MANAGEMENT OF ANY AREA
ESTABLISHED FOR THE CONSERVATION OF ENDANGERED SPECIES OR THREATENED
SPECIES. ANY REVENUES DERIVED FROM THE ADMINISTRATION OF SUCH AREAS
UNDER THESE AGREEMENTS SHALL BE SUBJECT TO THE PROVISIONS OF SECTION 401
OF THE ACT OF JUNE 15, 1935 (49 STAT. 383; 16 U.S.C. 715S). //78
STAT. 701.//
(C) COOPERATIVE AGREEMENTS.--IN FURTHERANCE OF THE PURPOSES OF THIS
ACT, THE SECRETARY IS AUTHORIZED TO ENTER INTO A COOPERATIVE AGREEMENT
IN ACCORDANCE WITH THIS SECTION WITH ANY STATE WHICH ESTABLISHES AND
MAINTAINS AN ADEQUATE AND ACTIVE PROGRAM FOR THE CONSERVATION OF
ENDANGERED SPECIES AND THREATENED SPECIES. WITHIN ONE HUNDRED AND
TWENTY DAYS AFTER THE SECRETARY RECEIVES A CERTIFIED COPY OF SUCH A
PROPOSED STATE PROGRAM, HE SHALL MAKE A DETERMINATION WHETHER SUCH
PROGRAM IS IN ACCORDANCE WITH THIS ACT. UNLESS HE DETERMINES, PURSUANT
TO THIS SUBSECTION, THAT THE STATE PROGRAM IS NOT IN ACCORDANCE WITH
THIS ACT, HE SHALL ENTER INTO A COOPERATIVE AGREEMENT WITH THE STATE FOR
THE PURPOSE OF ASSISTING IN IMPLEMENTATION OF THE STATE PROGRAM. IN
ORDER FOR A STATE PROGRAM TO BE DEEMED AN ADEQUATE AND ACTIVE PROGRAM
FOR THE CONSERVATION OF ENDANGERED SPECIES AND THREATENED SPECIES, THE
SECRETARY MUST FIND, AND ANNUALLY THEREAFTER RECONFIRM SUCH FINDING,
THAT UNDER THE STATE PROGRAM--
(1) AUTHORITY RESIDES IN THE STATE AGENCY TO CONSERVE RESIDENT
SPECIES OF FISH OR WILDLIFE DETERMINED BY THE STATE AGENCY OR THE
SECRETARY TO BE ENDANGERED OR THREATENED;
(2) THE STATE AGENCY HAS ESTABLISHED ACCEPTABLE CONSERVATION
PROGRAMS, CONSISTENT WITH THE PURPOSES AND POLICIES OF THIS ACT,
FOR ALL RESIDENT SPECIES OF FISH OR WILDLIFE IN THE STATE WHICH
ARE DEEMED BY THE SECRETARY TO BE ENDANGERED OR THREATENED, AND
HAS FURNISHED A COPY OF SUCH PLAN AND PROGRAM TOGETHER WITH ALL
PERTINENT DETAILS, INFORMATION, AND DATA REQUESTED TO THE
SECRETARY;
(3) THE STATE AGENCY IS AUTHORIZED TO CONDUCT INVESTIGATIONS TO
DETERMINE THE STATUS AND REQUIREMENTS FOR SURVIVAL OF RESIDENT
SPECIES OF FISH AND WILDLIFE;
(4) THE STATE AGENCY IS AUTHORIZED TO ESTABLISH PROGRAMS,
INCLUDING THE ACQUISITION OF LAND OR AQUATIC HABITAT OR INTERESTS
THEREIN, FOR THE CONSERVATION OF RESIDENT ENDANGERED SPECIES OR
THREATENED SPECIES; AND
(5) PROVISION IS MADE FOR PUBLIC PARTICIPATION IN DESIGNATING
RESIDENT SPECIES OF FISH OR WILDLIFE AS ENDANGERED OR THREATENED.
(D) ALLOCATION OF FUNDS.--(1) THE SECRETARY IS AUTHORIZED TO PROVIDE
FINANCIAL ASSISTANCE TO ANY STATE, THROUGH ITS RESPECTIVE STATE AGENCY,
WHICH HAS ENTERED INTO A COOPERATIVE AGREEMENT PURSUANT TO SUBSECTION
(C) OF THIS SECTION TO ASSIST IN DEVELOPMENT OF PROGRAMS FOR THE
CONSERVATION OF ENDANGERED AND THREATENED SPECIES. THE SECRETARY SHALL
MAKE AN ALLOCATION OF APPROPRIATED FUNDS TO SUCH STATES BASED ON
CONSIDERATION OF--
(A) THE INTERNATIONAL COMMITMENTS OF THE UNITED STATES TO
PROTECT ENDANGERED SPECIES OR THREATENED SPECIES;
(B) THE READINESS OF A STATE TO PROCEED WITH A CONSERVATION
PROGRAM CONSISTENT WITH THE OBJECTIVES AND PURPOSES OF THIS ACT;
(C) THE NUMBER OF ENDANGERED SPECIES AND THREATENED SPECIES
WITHIN A STATE;
(D) THE POTENTIAL FOR RESTORING ENDANGERED SPECIES AND
THREATENED SPECIES WITHIN A STATE; AND
(E) THE RELATIVE URGENCY TO INITIATE A PROGRAM TO RESTORE AND
PROTECT AN ENDANGERED SPECIES OR THREATENED SPECIES IN TERMS OF
SURVIVAL OF THE SPECIES.
SO MUCH OF ANY APPROPRIATED FUNDS ALLOCATED FOR OBLIGATION TO ANY
STATE FOR ANY FISCAL YEAR AS REMAINS UNOBLIGATED AT THE CLOSE THEREOF IS
AUTHORIZED TO BE MADE AVAILABLE TO THAT STATE UNTIL THE CLOSE OF THE
SUCCEEDING FISCAL YEAR. ANY AMOUNT ALLOCATED TO ANY STATE WHICH IS
UNOBLIGATED AT THE END OF THE PERIOD DURING WHICH IT IS AVAILABLE FOR
EXPENDITURE IS AUTHORIZED TO BE MADE AVAILABLE FOR EXPENDITURE BY THE
SECRETARY IN CONDUCTING PROGRAMS UNDER THIS SECTION.
(2) SUCH COOPERATIVE AGREEMENTS SHALL PROVIDE FOR (A) THE ACTIONS TO
BE TAKEN BY THE SECRETARY AND THE STATES; (B) THE BENEFITS THAT ARE
EXPECTED TO BE DERIVED IN CONNECTION WITH THE CONSERVATION OF ENDANGERED
OR THREATENED SPECIES; (C) THE ESTIMATED COST OF THESE ACTIONS; AND
(D) THE SHARE OF SUCH COSTS TO BE BORNE BY THE FEDERAL GOVERNMENT AND BY
THE STATES; EXCEPT THAT--
(I) THE FEDERAL SHARE OF SUCH PROGRAM COSTS SHALL NOT EXCEED 66
2/3 PER CENTUM OF THE ESTIMATED PROGRAM COST SLATED IN THE
AGREEMENT; AND
(II) THE FEDERAL HSARE MAY BE INCREASED TO 75 PER CENTUM
WHENEVER TWO OR MORE STATES HAVING A COMMON INTEREST IN ONE OR
MORE ENDANGERED OR THREATENED SPECIES, THE CONSERVATION OF WHICH
MAY BE ENHANCED BY COOPERATION OF SUCH STATES, ENTER JOINTLY INTO
AN AGREEMENT WITH THE SECRETARY.
THE SECRETARY MAY, IN HIS DISCRETION, AND UNDER SUCH RULES AND
REGULATIONS AS HE MAY PRESCRIBE, ADVANCE FUNDS TO THE STATE FOR
FINANCING THE UNITED STATES PRO RATA SHARE AGREED UPON IN THE
COOPERATIVE AGREEMENT. FOR THE PURPOSES OF THIS SECTION, THE
NON-FEDERAL SHARE MAY, IN THE DISCRETION OF THE SECRETARY, BE IN THE
FORM OF MONEY OR REAL PROPERTY, THE VALUE OF WHICH WILL BE DETERMINED BY
THE SECRETARY, WHOSE DECISION SHALL BE FINAL.
(E) REVIEW OF STATE PROGRAM.--ANY ACTION TAKEN BY THE SECRETARY UNDER
THIS SECTION SHALL BE SUBJECT TO HIS PERIODIC REVIEW AT NO GREATER THAN
ANNUAL INTERVALS.
(F) CONFLICTS BETWEEN FEDERAL AND STATE LAWS.--ANY STATE LAW OR
REGULATION WHICH APPLIES WITH RESPECT TO THE IMPORTATION OR EXPORTATION
OF, OR INTERSTATE OR FOREIGN COMMERCE IN, ENDANGERED SPECIES OR
THREATENED SPECIES IS VOID TO THE EXTENT THAT IT MAY EFFECTIVELY (1)
PERMIT WHAT IS PROHIBITED BY THIS ACT OR BY ANY REGULATION WHICH
IMPLEMENTS THIS ACT, OR (2) PROHIBIT WHAT IS AUTHORIZED PURSUANT TO AN
EXEMPTION OR PERMIT PROVIDED FOR IN THIS ACT OR IN ANY REGULATION WHICH
IMPLEMENTS THIS ACT. THIS ACT SHALL NOT OTHERWISE BE CONSTRUED TO VOID
ANY STATE LAW OR REGULATION WHICH IS INTENDED TO CONSERVE MIGRATORY,
RESIDENT, OR INTRODUCED FISH OR WILDLIFE, OR TO PERMIT OR PROHIBIT SALE
OF SUCH FISH OR WILDLIFE. ANY STATE LAW OR REGULATION RESPECTING THE
TAKING OF AN ENDANGERED SPECIES OR THREATENED SPECIES MAY BE MORE
RESTRICTIVE THAN THE EXEMPTIONS OR PERMITS PROVIDED FOR IN THIS ACT OR
IN ANY REGULATION WHICH IMPLEMENTS THIS ACT BUT NOT LESS RESTRICTIVE
THAN THE PROHIBITIONS SO DEFINED.
(G) TRANSITION.--(1) FOR PURPOSES OF THIS SUBSECTION, THE TERM
"ESTABLISHMENT PERIOD" MEANS, WITH RESPECT TO ANY STATE, THE PERIOD
BEGINNING ON THE DATE OF ENACTMENT OF THIS ACT AND ENDING ON WHICHEVER
OF THE FOLLOWING DATES FIRST OCCURS: (A) THE DATE OF THE CLOSE OF THE
120-DAY PERIOD FOLLOWING THE ADJOURNMENT OF THE FIRST REGULAR SESSION OF
THE LEGISLATURE OF SUCH STATE WHICH COMMENCES AFTER SUCH DATE OF
ENACTMENT, OR (B) THE DATE OF THE CLOSE OF THE 15-MONTH PERIOD FOLLOWING
SUCH DATE OF ENACTMENT.
(2) THE PROHIBITIONS SET FORTH IN OR AUTHORIZED PURSUANT TO SECTIONS
4 (D) AND 9 (A) (1) (B) OF THIS ACT SHALL NOT APPLY WITH RESPECT TO THE
TAKING OF ANY RESIDENT ENDANGERED SPECIES OR THREATENED SPECIES (OTHER
THAN SPECIES LISTED IN APPENDIX I TO THE CONVENTION OR OTHERWISE
SPECIFICALLY COVERED BY ANY OTHER TREATY OR FEDERAL LAW) WITHIN ANY
STATE--
(A) WHICH IS THEN A PARTY TO A COOPERATIVE AGREEMENT WITH THE
SECRETARY PURSUANT TO SECTION 6 (C) OF THIS ACT (EXCEPT TO THE
EXTENT THAT THE TAKING OF ANY SUCH SPECIES IS CONTRARY TO THE LAW
OF SUCH STATE); OR
(B) EXCEPT FOR ANY TIME WITHIN THE ESTABLISHMENT PERIOD WHEN--
(I) THE SECRETARY APPLIES SUCH PROHIBITION TO SUCH SPECIES AT
THE REQUEST OF THE STATE, OR
(II) THE SECRETARY APPLIES SUCH PROHIBITION AFTER HE FINDS, AND
PUBLISHES HIS FINDING, THAT AN EMERGENCY EXISTS POSING A
SIGNIFICANT RISK TO THE WELL-BEING OF SUCH SPECIES AND THAT THE
PROHIBITION MUST BE APPLIED TO PROTECT SUCH SPECIES. THE
SECRETARY'S FINDING AND PUBLICATION MAY BE MADE WITHOUT REGARD TO
THE PUBLIC HEARING OR COMMENT PROVISIONS OF SECTION 553 OF TITLE
5, UNITED STATES CODE, //80 STAT. 383.// OR ANY OTHER PROVISION OF
THIS ACT; BUT SUCH PROHIBITION SHALL EXPIRE 90 DAYS AFTER THE
DATE OF ITS IMPOSITION UNLESS THE SECRETARY FURTHER EXTENDS SUCH
PROHIBITION BY PUBLISHING NOTICE AND A STATEMENT OF JUSTIFICATION
OF SUCH EXTENSION.
(H) REGULATIONS.--THE SECRETARY IS AUTHORIZED TO PROMULGATE SUCH
REGULATIONS AS MAY BE APPROPRIATE TO CARRY OUT THE PROVISIONS OF THIS
SECTION RELATING TO FINANCIAL ASSISTANCE TO STATES.
(I) APPROPRIATIONS.--FOR THE PURPOSES OF THIS SECTION, THERE IS
AUTHORIZED TO BE APPROPRIATED THROUGH THE FISCAL YEAR ENDING JUNE 30,
1977, NOT TO EXCEED $10,000,000.
SEC. 7. THE SECRETARY SHALL REVIEW OTHER PROGRAMS ADMINISTERED BY
HIM AND UTILIZE SUCH PROGRAMS IN FURTHERANCE OF THE PURPOSES OF THIS
ACT. ALL OTHER FEDERAL DEPARTMENTS AND AGENCIES SHALL, IN CONSULTATION
WITH AND WITH THE ASSISTANCE OF THE SECRETARY, UTILIZE THEIR AUTHORITIES
IN FURTHERANCE OF THE PURPOSES OF THIS ACT BY CARRYING OUT PROGRAMS FOR
THE CONSERVATION OF ENDANGERED SPECIES AND THREATENED SPECIES LISTED
PURSUANT TO SECTION 4 OF THIS ACT AND BY TAKING SUCH ACTION NECESSARY TO
INSURE THAT ACTIONS AUTHORIZED, FUNDED, OR CARRIED OUT BY THEM DO NOT
JEOPARDIZE THE CONTINUED EXISTENCE OF SUCH ENDANGERED SPECIES AND
THREATENED SPECIES OR RESULT IN THE DESTRUCTION OR MODIFICATION OF
HABITAT OF SUCH SPECIES WHICH IS DETERMINED BY THE SECRETARY, AFTER
CONSULTATION AS APPROPRIATE WITH THE AFFECTED STATES, TO BE CRITICAL.
SEC. 8. (A) FINANCIAL ASSISTANCE.--AS A DEMONSTRATION OF THE
COMMITMENT OF THE UNITED STATES TO THE WORLDWIDE PROTECTION OF
ENDANGERED SPECIES AND THREATENED SPECIES, THE PRESIDENT MAY, SUBJECT TO
THE PROVISIONS OF SECTION 1415 OF THE SUPPLEMENTAL APPROPRIATION ACT,
1953 (31 U.S.C. 724), //66 STAT. 662.// USE FOREIGN CURRENCIES ACCRUING
TO THE UNITED STATES GOVERNMENT UNDER THE AGRICULTURAL TRADE DEVELOPMENT
AND ASSISTANCE ACT OF 1954 OR ANY OTHER LAW TO PROVIDE TO ANY FOREIGN
COUNTRY (WITH ITS CONSENT) ASSISTANCE IN THE DEVELOPMENT AND MANAGEMENT
OF PROGRAMS IN THAT COUNTRY WHICH THE SECRETARY DETERMINES TO BE
NECESSARY OR USEFUL FOR THE CONSERVATION OF ANY ENDANGERED SPECIES OR
THREATENED SPECIES LISTED BY THE SECRETARY PURSUANT TO SECTION 4 OF THIS
ACT. //68 STAT. 454. 7 USC 1691.// THE PRESIDENT SHALL PROVIDE
ASSISTANCE (WHICH INCLUDES, BUT IS NOT LIMITED TO, THE ACQUISITION, BY
LEASE OR OTHERWISE, OF LANDS, WATERS, OR INTERESTS THEREIN) TO FOREIGN
COUNTRIES UNDER THIS SECTION UNDER SUCH TERMS AND CONDITIONS AS HE DEEMS
APPROPRIATE. WHENEVER FOREIGN CURRENCIES ARE AVAILABLE FOR THE
PROVISION OF ASSISTANCE UNDER THIS SECTION, SUCH CURRENCIES SHALL BE
USED IN PREFERENCE TO FUNDS APPROPRIATED UNDER THE AUTHORITY OF SECTION
15 OF THIS ACT.
TB) ENCOURAGEMENT OF FOREIGN PROGRAMS.--IN ORDER TO CARRY OUT FURTHER
THE PROVISIONS OF THIS ACT, THE SECRETARY, THROUGH THE SECRETARY OF
STATE, SHALL ENCOURAGE--
(1) FOREIGN COUNTRIES TO PROVIDE FOR THE CONSERVATION OF FISH
OR WILDLIFE INCLUDING ENDANGERED SPECIES AND THREATENED SPECIES
LISTED PURSUANT TO SECTION 4 OF THIS ACT;
(2) THE ENTERING INTO OF BILATERAL OR MULTILATERAL AGREEMENTS
WITH FOREIGN COUNTRIES TO PROVIDE FOR SUCH CONSERVATION; AND
(3) FOREIGN PERSONS WHO DIRECTLY OR INDIRECTLY TAKE FISH OR
WILDLIFE IN FOREIGN COUNTRIES OR ON THE HIGH SEAS FOR IMPORTATION
INTO THE UNITED STATES FOR COMMERCIAL OR OTHER PURPOSES TO DEVELOP
AND CARRY OUT WITH SUCH ASSISTANCE AS HE MAY PROVIDE, CONSERVATION
PRACTICES DESIGNED TO ENHANCE SUCH FISH OR WILDLIFE AND THEIR
HABITAT.
(C) PERSONNEL.--AFTER CONSULTATION WITH THE SECRETARY OF STATE, THE
SECRETARY MAY--
(1) ASSIGN OR OTHERWISE MAKE AVAILABLE ANY OFFICER OR EMPLOYEE
OF HIS DEPARTMENT FOR THE PURPOSE OF COOPERATING WITH FOREIGN
COUNTRIES AND INTERNATIONAL ORGANIZATIONS IN DEVELOPING PERSONNEL
RESOURCES AND PROGRAMS WHICH PROMOTE THE CONSERVATION OF FISH OR
WILDLIFE; AND
(2) CONDUCT OR PROVIDE FINANCIAL ASSISTANCE FOR THE EDUCATIONAL
TRAINING OF FOREIGN PERSONNEL, IN THIS COUNTRY OR ABROAD, IN FISH,
WILDLIFE, OR PLANT MANAGEMENT, RESEARCH AND LAW ENFORCEMENT AND TO
RENDER PROFESSIONAL ASSISTANCE ABROAD IN SUCH MATTERS.
(D) INVESTIGATIONS.--AFTER CONSULTATION WITH THE SECRETARY OF STATE
AND THE SECRETARY OF THE TREASURY, AS APPROPRIATE, THE SECRETARY MAY
CONDUCT OR CAUSE TO BE CONDUCTED SUCH LAW ENFORCEMENT INVESTIGATIONS AND
RESEARCH ABROAD AS HE DEEMS NECESSARY TO CARRY OUT THE PURPOSES OF THIS
ACT.
(E) CONVENTION IMPLEMENTATION.--THE PRESIDENT IS AUTHORIZED AND
DIRECTED TO DESIGNATE APPROPRIATE AGENCIES TO ACT AS THE MANAGEMENT
AUTHORITY OR AUTHORITIES AND THE SCIENTIFIC AUTHORITY OR AUTHORITIES
PURSUANT TO THE CONVENTION. THE AGENCIES SO DESIGNATED SHALL THEREAFTER
BE AUTHORIZED TO DO ALL THINGS ASSIGNED TO THEM UNDER THE CONVENTION,
INCLUDING THE ISSUANCE OF PERMITS AND CERTIFICATES. THE AGENCY
DESIGNATED BY THE PRESIDENT TO COMMUNICATE WITH OTHER PARTIES TO THE
CONVENTION AND WITH THE SECRETARIAT SHALL ALSO BE EMPOWERED, WHERE
APPROPRIATE, IN CONSULTATION WITH THE STATE DEPARTMENT, TO ACT ON BEHALF
OF AND REPRESENT THE UNITED STATES IN ALL REGARDS AS REQUIRED BY THE
CONVENTION. THE PRESIDENT SHALL ALSO DESIGNATE THOSE AGENCIES WHICH
SHALL ACT ON BEHALF OF AND REPRESENT THE UNITED STATES IN ALL REGARDS AS
REQUIRED BY THE CONVENTION ON NATURE PROTECTION AND WILDLIFE
PRESERVATION IN THE WESTERN HEMSIPHERE. //56 STAT. 1354.//
SEC. 9. (A) GENERAL.--(1) EXCEPT AS PROVIDED IN SECTIONS 6 (G) (2)
AND 10 OF THIS ACT, WITH RESPECT TO ANY ENDANGERED SPECIES OF FISH OR
WILDLIFE LISTED PURSUANT TO SECTION 4 OF THIS ACT IT IS UNLAWFUL FOR ANY
PERSON SUBJECT TO THE JURISDICTION OF THE UNITED STATES TO--
(A) IMPORT ANY SUCH SPECIES INTO, OR EXPORT ANY SUCH SPECIES
FROM THE UNITED STATES;
(B) TAKE ANY SUCH SPECIES WITHIN THE UNITED STATES OR THE
TERRITORIAL SEA OF THE UNITED STATES;
(C) TAKE ANY SUCH SPECIES UPON THE HIGH SEAS;
(D) POSSESS, SELL, DELIVER, CARRY, TRANSPORT, OR SHIP, BY ANY
MEANS WHATSOEVER, ANY SUCH SPECIES TAKEN IN VIOLATION OF
SUBPARAGRAPHS (B) AND (C);
(E) DELIVER, RECEIVE, CARRY, TRANSPORT, OR SHIP IN INTERSTATE
OR FOREIGN COMMERCE, BY ANY MEANS WHATSOEVER AND IN THE COURSE OF
A COMMERCIAL ACTIVITY, ANY SUCH SPECIES;
(F) SELL OR OFFER FOR SALE IN INTERSTATE OR FOREIGN COMMERCE
ANY SUCH SPECIES; OR
(G) VIOLATE ANY REGULATION PERTAINING TO SUCH SPECIES OR TO ANY
THREATENED SPECIES OF FISH OR WILDLIFE LISTED PURSUANT TO SECTION
4 OF THIS ACT AND PROMULGATED BY THE SECRETARY PURSUANT TO
AUTHORITY PROVIDED BY THIS ACT.
(2) EXCEPT AS PROVIDED IN SECTIONS 6 (G) (2) AND 10 OF THIS ACT, WITH
RESPECT TO ANY ENDANGERED SPECIES OF PLANTS LISTED PURSUANT TO SECTION 4
OF THIS ACT, IT IS UNLAWFUL FOR ANY PERSON SUBJECT TO THE JURISDICTION
OF THE UNITED STATES TO--
(A) IMPORT ANY SUCH SPECIES INTO, OR EXPORT ANY SUCH SPECIES
FROM, THE UNITED STATES;
(B) DELIVER, RECEIVE, CARRY, TRANSPORT, OR SHIP IN INTERSTATE
OR FOREIGN COMMERCE, BY ANY MEANS WHATSOEVER AND IN THE COURSE OF
A COMMERCIAL ACTIVITY, ANY SUCH SPECIES;
(C) SELL OR OFFER FOR SALE IN INTERSTATE OR FOREIGN COMMERCE
ANY SUCH SPECIES; OR
(D) VIOLATE ANY REGULATION PERTAINING TO SUCH SPECIES OR TO ANY
THREATENED SPECIES OF PLANTS LISTED PURSUANT TO SECTION 4 OF THIS
ACT AND PROMULGATED BY THE SECRETARY PURSUANT TO AUTHORITY
PROVIDED BY THIS ACT.
(B) SPECIES HELD IN CAPTIVITY OR CONTROLLED ENVIORNMENT.--THE
PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY FISH OR WILDLIFE HELD
IN CAPTIVITY OR IN A CONTROLLED ENVIRONMENT ON THE EFFECTIVE DATE OF
THIS ACT IF THE PURPOSES OF SUCH HOLDING ARE NOT CONTRARY TO THE
PURPOSES OF THIS ACT; EXCEPT THAT THIS SUBSECTION SHALL NOT APPLY IN
THE CASE OF ANY FISH OR WILDLIFE HELD IN THE COURSE OF A COMMERCIAL
ACTIVITY. WITH RESPECT TO ANY ACT PROHIBITED BY THIS SECTION WHICH
OCCURS AFTER A PERIOD OF 180 DAYS FROM THE EFFECTIVE DATE OF THIS ACT,
THERE SHALL BE A REBUTTABLE PRESUMPTION THAT THE FISH OR WILDLIFE
INVOLVED IN SUCH ACT WAS NOT HELD IN CAPTIVITY OR IN A CONTROLLED
ENVIRONMENT ON SUCH EFFECTIVE DATE.
(C) VIOLATION OF CONVENTION.--(1) IT IS UNLAWFUL FOR ANY PERSON
SUBJECT TO THE JURISDICTION OF THE UNITED STATES TO ENGAGE IN ANY TRADE
IN ANY SPECIMENS CONTRARY TO THE PROVISIONS OF THE CONVENTION, OR TO
POSSESS ANY SPECIMENS TRADED CONTRARY TO THE PROVISIONS OF THE
CONVENTION, INCLUDING THE DEFINITIONS OF TERMS IN ARTICLE I THEREOF.
(2) ANY IMPORTATION INTO THE UNITED STATES OF FISH OR WILDLIFE SHALL,
IF--
(A) SUCH FISH OR WILDLIFE IS NOT AN ENDANGERED SPECIES LISTED
PURSUANT TO SECTION 4 OF THIS ACT BUT IS LISTED IN APPENDIX II TO
THE CONVENTION,
(B) THE TAKING AND EXPORTATION OF SUCH FISH OR WILDLIFE IS NOT
CONTRARY TO THE PROVISIONS OF THE CONVENTION AND ALL OTHER
APPLICABLE REQUIREMENTS OF THE CONVENTION HAVE BEEN SATISFIED,
(C) THE APPLICABLE REQUIREMENTS OF SUBSECTIONS (D), (E), AND
(F) OF THIS SECTION HAVE BEEN SATISFIED, AND
(D) SUCH IMPORTATION IS NOT MADE IN THE COURSE OF A COMMERCIAL
ACTIVITY,
TO BE PRESUMED TO BE AN IMPORTATION NOT IN VIOLATION OF ANY
PROVISIONS OF THIS ACT OR ANY REGULATION ISSUED PURSUANT TO THIS ACT.
(D) IMPORTS AND EXPORTS.--(1) IT IS UNLAWFUL FOR ANY PERSON TO ENGAGE
IN BUSINESS AS AN IMPORTER OR EXPORTER OF FISH OR WILDLIFE (OTHER THAN
SHELLFISH AND FISHERY PRODUCTS WHICH (A) ARE NOT LISTED PURSUANT TO
SECTION 4 OF THIS ACT AS ENDANGERED SPECIES OR THREATENED SPECIES, AND
(B) ARE IMPORTED FOR PURPOSES OF HUMAN OR ANIMAL CONSUMPTION OR TAKEN IN
WATERS UNDER THE JURISDICTION OF THE UNITED STATES OR ON THE HIGH SEAS
FOR RECREATIONAL PURPOSES) OR PLANTS WITHOUT FIRST HAVING OBTAINED
PERSMISSION FROM THE SECRETARY.
(2) ANY PERSON REQUIRED TO OBTAIN PERMISSION UNDER PARAGRAPH (1) OF
THIS SUBSECTION SHALL--
(A) KEEP SUCH RECORDS AS WILL FULLY AND CORRECTLY DISCLOSE EACH
IMPORTATION OR EXPORTATION OF FISH, WILDLIFE, OR PLANTS MADE BY
HIM AND THE SUBSEQUENT DISPOSITION MADE BY HIM WITH RESPECT TO
SUCH FISH, WILDLIFE, OR PLANTS;
(B) AT ALL REASONABLE TIMES UPON NOTICE BY A DULY AUTHORIZED
REPRESENTATIVE OF THE SECRETARY, AFFORD SUCH REPRESENTATIVE ACCESS
TO HIS PLACES OF BUSINESS, AN OPPORTUNITY TO EXAMINE HIS INVENTORY
OF IMPORTED FISH, WILDLIFE, OR PLANTS AND THE RECORDS REQUIRED TO
BE KEPT UNDER SUBPARAGRAPH (A) OF THIS PARAGRAPH, AND TO COPY SUCH
RECORDS; AND
(C) FILE SUCH REPORTS AS THE SECRETARY MAY REQUIRE.
(3) THE SECRETARY SHALL PRESCRIBE SUCH REGULATIONS AS ARE NECESSARY
AND APPROPRIATE TO CARRY OUT THE PURPOSES OF THIS SUBSECTION.
(E) REPORTS.--IT IS UNLAWFUL FOR ANY PERSON IMPORTING OR EXPORTING
FISH OR WILDLIFE (OTHER THAN SHELLFISH AND FISHERY PRODUCTS WHICH (1)
ARE NOT LISTED PURSUANT TO SECTION 4 OF THIS ACT AS ENDANGERED OR
THREATENED SPECIES, AND (2) ARE IMPORTED FOR PURPOSES OF HUMAN OR ANIMAL
CONSUMPTION OR TAKEN IN WATERS UNDER THE JURISDICTION OF THE UNITED
STATES OR ON THE HIGH SEAS FOR RECREATIONAL PURPOSES) OR PLANTS TO FAIL
TO FILE ANY DECLARATION OR REPORT AS THE SECRETARY DEEMS NECESSARY TO
FACILITATE ENFORCEMENT OF THIS ACT OR TO MEET THE OBLIGATIONS OF THE
CONVENTION.
(F) DESIGNATION OF PORTS.--(1) IT IS UNLAWFUL FOR ANY PERSON SUBJECT
TO THE JURISDICTION OF THE UNITED STATES TO IMPORT INTO OR EXPORT FROM
THE UNITED STATES ANY FISH OR WILDLIFE (OTHER THAN SHELLFISH AND FISHERY
PRODUCTS WHICH (A) ARE NOT LISTED PURSUANT TO SECTION 4 OF THIS ACT AS
ENDANGERED SPECIES OR THREATENED SPECIES, AND (B) ARE IMPORTED FOR
PURPOSES OF HUMAN OR ANIMAL CONSUMPTION TO OR TAKEN IN WATERS UNDER THE
JURISDICTION OF THE UNITED STATES OR ON THE HIGH SEAS FOR RECREATIONAL
PURPOSES) OR PLANTS, EXCEPT AT A PORT OR PORTS DESIGNATED BY THE
SECRETARY OF THE INTERIOR. FOR THE PURPOSE OF FACILITATING ENFORCEMENT
OF THIS ACT AND REDUCING THE COSTS THEREOF, THE SECRETARY OF THE
INTERIOR, WITH APPROVAL OF THE SECRETARY OF THE TREASURY AND AFTER
NOTICE AND OPPORTUNITY FOR PUBLIC HEARING, MAY, BY REGULATION, DESIGNATE
PORTS AND CHANGE SUCH DESIGNATIONS. THE SECRETARY OF THE INTERIOR,
UNDER SUCH TERMS AND CONDITIONS AS HE MAY PRESCRIBE, MAY PERMIT THE
IMPORTATION OR EXPORTATION AT NONDESIGNATED PORTS IN THE INTEREST OF THE
HEALTH OR SAFETY OF THE FISH OR WILDLIFE OR PLANTS, OR FOR OTHER REASONS
IF, IN HIS DISCRETION, HE DEEMS IT APPROPRIATE AND CONSISTENT WITH THE
PURPOSE OF THIS SUBSECTION.
(2) ANY PORT DESIGNATED BY THE SECRETARY OF THE INTERIOR UNDER THE
AUTHORITY OF SECTION 4 (D) OF THE ACT OF DECEMBER 5, 1969 (16 U.S.C.
666CC - 4 (D)), //83 STAT. 277. 16 USC 668CC - 4.// SHALL IF SUCH
DESIGNATION IS IN EFFECT ON THE DAY BEFORE THE DATE OF THE ENACTMENT OF
THIS ACT, BE DEEMED TO BE A PORT DESIGNATED BY THE SECRETARY UNDER
PARAGRAPH (1) OF THIS SUBSECTION UNTIL SUCH TIME AS THE SECRETARY
OTHERWISE PROVIDES.
(G) VIOLATIONS.--IT IS UNLAWFUL FOR ANY PERSON SUBJECT TO THE
JURISDICTION OF THE UNITED STATES TO ATTEMPT TO COMMIT, SOLICIT ANOTHER
TO COMMIT, OR CAUSE TO BE COMMITTED, ANY OFFENSE DEFINED IN THIS
SECTION.
SEC. 10. (A) PERMITS.--THE SECRETARY MAY PERMIT, UNDER SUCH TERMS AND
CONDITIONS AS HE MAY PRESCRIBE, ANY ACT OTHERWISE PROHIBITED BY SECTION
9 OF THIS ACT FOR SCIENTIFIC PURPOSES OR TO ENHANCE THE PROPAGATION OR
SURVIVAL OF THE AFFECTED SPECIES.
(B) HARDSHIP EXEMPTIONS.--(1) IF ANY PERSON ENTERS INTO A CONTRACT
WITH RESPECT TO A SPECIES OF FISH OR WILDLIFE OR PLANT BEFORE THE DATE
OF THE PUBLICATION IN THE FEDERAL REGISTER OF NOTICE OF CONSIDERATION OF
THAT SPECIES AS AN ENDANGERED SPECIES AND THE SUBSEQUENT LISTING OF THAT
SPECIES AS AN ENDANGERED SPECIES PURSUANT TO SECTION 4 OF THIS ACT WILL
CAUSE UNDUE ECONOMIC HARDSHIP TO SUCH PERSON UNDER THE CONTRACT, THE
SECRETARY, IN ORDER TO MINIMIZE SUCH HARDSHIP, MAY EXEMPT SUCH PERSON
FROM THE APPLICATION OF SECTION 9 (A) OF THIS ACT TO THE EXTENT THE
SECRETARY DEEMS APPROPRIATE IF SUCH PERSON APPLIES TO HIM FOR SUCH
EXEMPTION AND INCLUDES WITH SUCH APPLICATION SUCH INFORMATION AS THE
SECRETARY MAY REQUIRE TO PROVE SUCH HARDSHIP; EXCEPT THAT (A) NO SUCH
EXEMPTION SHALL BE FOR A DURATION OF MORE THAN ONE YEAR FROM THE DATE OF
PUBLICATION IN THE FEDERAL REGISTER OF NOTICE OF CONSIDERATION OF THE
SPECIES CONCERNED, OR SHALL APPLY TO A QUANTITY OF FISH OR WILDLIFE OR
PLANTS IN EXCESS OF THAT SPECIFIED BY THE SECRETARY; (B) THE ONE-YEAR
PERIOD FOR THOSE SPECIES OF FISH OR WILDLIFE LISTED BY THE SECRETARY AS
ENDANGERED PRIOR TO THE EFFECTIVE DATE OF THIS ACT SHALL EXPIRE IN
ACCORDANCE WITH THE TERMS OF SECTION 3 OF THE ACT OF DECEMBER 5, 1969
(83 STAT. 275; //16 USC 668CC - 3.// AND (C) NO SUCH EXEMPTION MAY BE
GRANTED FOR THE IMPORTATION OR EXPORTATION OF A SPECIMEN LISTED IN
APPENDIX I OF THE CONVENTION WHICH IS TO BE USED IN A COMMERCIAL
ACTIVITY.
(2) AS USED IN THIS SUBSECTION, THE TERM "UNDUE ECONOMIC HARDSHIP"
SHALL INCLUDE, BUT NOT BE LIMITED TO:
(A) SUBSTANTIAL ECONOMIC LOSS RESULTING FROM INABILITY CAUSED
BY THIS ACT TO PERFORM CONTRACTS WITH RESPECT TO SPECIES OF FISH
AND WILDLIFE ENTERED INTO PRIOR TO THE DATE OF PUBLICATION IN THE
FEDERAL REGISTER OF A NOTICE OF CONSIDERATION OF SUCH SPECIES AS
AN ENDANGERED SPECIES;
(B) SUBSTANTIAL ECONOMIC LOSS TO PERSONS WHO, FOR THE YEAR
PRIOR TO THE NOTICE OF CONSIDERATION OF SUCH SPECIES AS AN
ENDANGERED SPECIES, DERIVED A SUBSTANTIAL PORTION OF THEIR INCOME
FROM THE LAWFUL TAKING OF ANY LISTED SPECIES, WHICH TAKING WOULD
BE MADE UNLAWFUL UNDER THIS ACT; OR
(C) CURTAILMENT OF SUBSISTENCE TAKING MADE UNLAWFUL UNDER THIS
ACT BY PERSONS (I) NOT REASONABLY ABLE TO SECURE OTHER SOURCES OF
SUBSISTENCE; AND (II) DEPENDENT TO A SUBSTANTIAL EXTENT UPON
HUNTING AND FISHING FOR SUBSISTENCE; AND (III) WHO MUST ENGAGE IN
SUCH CURTAILED TAKING FOR SUBSISTENCE PURPOSES.
(3) THE SECRETARY MAY MAKE FURTHER REQUIREMENTS FOR A SHOWING OF
UNDUE ECONOMIC HARDSHIP AS HE DEEMS FIT. EXCEPTIONS GRANTED UNDER THIS
SECTION MAY BE LIMITED BY THE SECRETARY IN HIS DISCRETION AS TO TIME,
AREA, OR OTHER FACTOR OF APPLICABILITY.
(C) NOTICE AND REVIEW.--THE SECRETARY SHALL PUBLISH NOTICE IN THE
FEDERAL REGISTER OF EACH APPLICATION FOR AN EXEMPTION OR PERMIT WHICH IS
MADE UNDER THIS SUBSECTION. EACH NOTICE SHALL INVITE THE SUBMISSION
FROM INTERESTED PARTIES, WITHIN THIRTY DAYS AFTER THE DATE OF THE
NOTICE, WRITTEN DATA, VIEWS, OR ARGUMENTS WITH RESPECT TO THE
APPLICATION. INFORMATION RECEIVED BY THE SECRETARY AS A PART OF ANY
APPLICATION SHALL BE AVAILABLE TO THE PUBLIC AS A MATTER OF PUBLIC
RECORD AT EVERY STAGE OF THE PROCEEDING.
(D) PERMIT AND EXEMPTION POLICY.--THE SECRETARY MAY GRANT EXCEPTIONS
UNDER SUBSECTIONS (A) AND (B) OF THIS SECTION ONLY IF HE FINDS AND
PUBLISHES HIS FINDING IN THE FEDERAL REGISTER THAT (1) SUCH EXCEPTIONS
WERE APPLIED FOR IN GOOD FAITH, (2) IF GRANTED AND EXERCISED WILL NOT
OPERATE TO THE DISADVANTAGE OF SUCH ENDANGERED SPECIES, AND (3) WILL BE
CONSISTENT WITH THE PURPOSES AND POLICY SET FORTH IN SECTION 2 OF THIS
ACT.
(E) ALASKA NATIVES.--(1) EXCEPT AS PROVIDED IN PARAGRAPH (4) OF THIS
SUBSECTION THE PROVISIONS OF THIS ACT SHALL NOT APPLY WITH RESPECT TO
THE TAKING OF ANY ENDANGERED SPECIES OR THREATENED SPECIES, OR THE
IMPORTATION OF ANY SUCH SPECIES TAKING PURSUANT TO THIS SECTION, BY--
(A) ANY INDIAN, ALEUT, OR ESKIMO WHO IS AN ALASKAN NATIVE WHO
RESIDES IN ALASKA; OR
(B) ANY NON-NATIVE PERMANENT RESIDENT OF AN ALASKAN NATIVE
VILLAGE;
IF SUCH TAKING IS PRIMARILY FOR SUBSISTENCE PURPOSES. NON-EDIBLE
BYPRODUCTS OF SPECIES TAKEN PURSUANT TO THIS SECTION MAY BE SOLD IN
INTERSTATE COMMERCE WHEN MADE INTO AUTHENTIC NATIVE ARTICLES OF
HANDICRAFTS AND CLOTHING; EXCEPT THAT THE PROVISIONS OF THIS SUBSECTION
SHALL NOT APPLY TO ANY NON-NATIVE RESIDENT OF AN ALASKAN NATIVE VILLAGE
FOUND BY THE SECRETARY TO BE NOT PRIMARILY DEPENDENT UPON THE TAKING OF
FISH AND WILDLIFE FOR CONSUMPTION OR FOR THE CREATION AND SALE OF
AUTHENTIC NATIVE ARTICLES OF HANDICRAFTS AND CLOTHING.
(2) ANY TAKING UNDER THIS SUBSECTION MAY NOT BE ACCOMPLISHED IN A
WASTEFUL MANNER.
(3) AS USED IN THIS SUBSECTION--
(I) THE TERM "SUBSISTENCE" INCLUDES SELLING ANY EDIBLE PORTION
OF FISH OR WILDLIFE IN NATIVE VILLAGES AND TOWNS IN ALASKA FOR
NATIVE CONSUMPTION WITHIN NATIVE VILLAGES OR TOWNS; AND
(II) THE TERM "AUTHENTIC NATIVE ARTICLES OF HANDICRAFTS AND
CLOTHING" MEANS ITEMS COMPOSED WHOLLY OR IN SOME SIGNIFICANT
RESPECT OF NATURAL MATERIALS, AND WHICH ARE PRODUCED, DECORATED,
OR FASHIONED IN THE EXERCISE OF OF TRADITIONAL NATIVE HANDICRAFTS
WITHOUT THE USE OF PANTOGRAPHS, MULTIPLE CARVERS, OR OTHER MASS
COPYING DEVICES. TRADITIONAL NATIVE HANDICRAFTS INCLUDE, BUT ARE
NOT LIMITED TO, WEAVING, CARVING, STITCHING, SEWING, LACKING,
BEADING, DRAWING, AND PAINTING.
(4) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (1) OF THIS
SUBSECTION, WHENEVER THE SECRETARY DETERMINES THAT ANY SPECIES OF FISH
OR WILDLIFE WHICH IS SUBJECT TO TAKING UNDER THE PROVISIONS OF THIS
SUBSECTION IS AN ENDANGERED SPECIES OR THREATENED SPECIES, AND THAT SUCH
TAKING MATERIALLY AND NEGATIVELY AFFECTS THE THREATENED OR ENDANGERED
SPECIES, HE MAY PRESCRIBE REGULATIONS UPON THE TAKING OF SUCH SPECIES BY
ANY SUCH INDIAN, ALEUT, ESKIMO, OR NON-NATIVE ALASKAN RESIDENT OF AN
ALASKAN NATIVE VILLAGE. SUCH REGULATIONS MAY BE ESTABLISHED WITH
REFERENCE TO SPECIES, GEOGRAPHICAL DESCRIPTION OF THE AREA INCLUDED, THE
SEASON FOR TAKING, OR ANY OTHER FACTORS RELATED TO THE REASON FOR
ESTABLISHING SUCH REGULATIONS AND CONSISTENT WITH THE POLICY OF THIS
ACT. SUCH REGULATIONS SHALL BE PRESCRIBED AFTER A NOTICE AND HEARINGS
IN THE AFFECTED JUDICIAL DISTRICTS OF ALASKA AND AS OTHERWISE REQUIRED
BY SECTION 103 OF THE MARINE MAMMAL PROTECTION ACT OF 1972, //86 STAT.
1033. 16 USC 1373.// AND SHALL BE REMOVED AS SOON AS THE SECRETARY
DETERMINES THAT THE NEED FOR THEIR IMPOSITIONS HAS DISAPPEARED.
SEC. 11. (A) CIVIL PENALTIES.--(1) ANY PERSON WHO KNOWINGLY
VIOLATES, OR WHO KNOWINGLY COMMITS AN ACT IN THE COURSE OF A COMMERCIAL
ACTIVITY WHICH VIOLATES, ANY PROVISION OF THIS ACT, OR ANY PROVISION OF
ANY PERMIT OR CERTIFICATE ISSUED HEREUNDER, OR OF ANY REGULATION ISSUED
IN ORDER TO IMPLEMENT SUBSECTION (A) (1) (A), (B), (C), (D), (E), OR
(F), (A) (2) (A), (B), OR (C), (C), (D) (OTHER THAN REGULATION RELATING
TO RECORDKEEPING OR FILING OF REPORTS), (F) OR (G) OF SECTION 9 OF THIS
ACT, MAY BE A CIVIL PENALTY BY THE SECRETARY OF NOT MORE THAN $10,000
FOR EACH VIOLATION. ANY PERSON WHO KNOWINGLY VIOLATES, OR WHO KNOWINGLY
COMMITS AN ACT IN THE COURSE OF A COMMERCIAL ACTIVITY WHICH VIOLATES,
ANY PROVISION OF ANY OTHER REGULATION ISSUED UNDER THIS ACT MAY BE
ASSESSED A CIVIL PENALTY BY THE SECRETARY OF NOT MORE THAN $5,000 FOR
EACH SUCH VIOLATION. ANY PERSON WHO OTHERWISE VIOLATES ANY PROVISION OF
THIS ACT, OR ANY REGULATION, PERMIT, OR CERTIFICATE ISSUED HEREUNDER,
MAY BE ASSESSED A CIVIL PENALTY BY THE SECRETARY OF NOT MORE THAN $1,000
FOR EACH SUCH VIOLATION. NO PENALTY MAY BE ASSESSED UNDER THIS
SUBSECTION UNLESS SUCH PERSON IS GIVEN NOTICE AND OPPORTUNITY FOR A
HEARING WITH RESPECT TO SUCH VIOLATION. EACH VIOLATION SHALL BE A
SEPARATE OFFENSE. ANY SUCH CIVIL PENALTY MAY BE REMITTED OR MITIGATED
BY THE SECRETARY. UPON ANY FAILURE TO PAY A PENALTY ASSESSED UNDER THIS
SUBSECTION, THE SECRETARY MAY REQUEST THE ATTORNEY GENERAL TO INSTITUTE
A CIVIL ACTION IN A DISTRICT COURT FOR THE UNITED STATES FOR ANY
DISTRICT IN WHICH SUCH PERSON IS FOUND, RESIDES, OR TRANSACTS BUSINESS
TO COLLECT THE PENALTY AND SUCH COURT SHALL HAVE JURISDICTION TO HEAR
AND DECIDE ANY SUCH ACTION. THE COURT SHALL HEAR SUCH ACTION ON THE
RECORD MADE BEFORE THE SECRETARY AND SHALL SUSTAIN HIS ACTION IF IT IS
SUPPORTED BY SUBSTANTIAL EVIDENCE ON THE RECORD CONSIDERED AS A WHOLE.
(2) HEARINGS HELD DURING PROCEEDINGS FOR THE ASSESSMENT OF CIVIL
PENALTIES AUTHORIZED BY PARAGRAPH (1) OF THIS SUBSECTION SHALL BE
CONDUCTED IN ACCORDANCE WITH SECTION 554 OF TITLE 5, UNITED STATES CODE.
//80 STAT. 384.// THE SECRETARY MAY ISSUE SUBPENAS FOR THE ATTENDANCE
AND TESTIMONY OF WITNESSES AND THE PRODUCTION OF RELEVANT PAPERS, BOOKS,
AND DOCUMENTS, AND ADMINISTER OATHS. WITNESSES SUMMONED SHALL BE PAID
THE SAME FEES AND MILEAGE THAT ARE PAID TO WITNESSES IN THE COURTS OF
THE UNITED STATES. IN CASE OF CONTUMACY OR REFUSAL TO OBEY A SUBPENA
SERVED UPON ANY PERSON PURSUANT TO THIS PARAGRAPH, THE DISTRICT COURT OF
THE UNITED STATES FOR ANY DISTRICT IN WHICH SUCH PERSON IS FOUND OR
RESIDES OR TRANSACTS BUSINESS, UPON APLICATION BY THE UNITED STATES AND
AFTER NOTICE TO SUCH PERSON, SHALL HAVE JURISDICTION TO ISSUE AN ORDER
REQUIRING SUCH PERSON TO APPEAR AND GIVE TESTIMONY BEFORE THE SECRETARY
OR TO APPEAR AND PRODUCE DOCUMENTS BEFORE THE SECRETARY, OR BOTH, AND
ANY FAILURE TO OBEY SUCH ORDER OF THE COURT MAY BE PUNSIHED BY SUCH
COURT AS A CONTEMPT THEREOF.
(B) CRIMINAL VIOLATIONS.--(1) ANY PERSON WHO WILLFULLY COMMITS AN ACT
WHICH VIOLATES ANY PROVISION OF THIS ACT, OF ANY PERMIT OR CERTIFICATE
ISSUED HEREUNDER, OR OF ANY REGULATION ISSUED IN ORDER TO IMPLEMENT
SUBSECTION (A) (1) (A), (B), (C), (D), (E), OR (F); (A) (2) (A), (B),
OR (C), (C), (D) (OTHER THAN A REGULATION RELATING TO RECORDKEEPING, OR
FILING OF REPORTS), (F), OR (G) OF SECTION 9 OF THIS ACT SHALL, UPON
CONVICTION, BE FINED NOT MORE THAN $20,000 OR IMPRISONED FOR NOT MORE
THAN ONE YEAR, OR BOTH. ANY PERSON WHO WILLFULLY COMMITS AN ACT WHICH
VIOLATES ANY PROVISION OF ANY OTHER REGULATION ISSUED UNDER THIS ACT,
SHALL UPON CONVICTION, BE FINED NOT MORE THAN $10,000 OR IMPRISONED FOR
NOT MORE THAN SIX MONTHS, OR BOTH.
(2) THE HEAD OF ANY FEDERAL AGENCY WHICH HAS ISSUED A LEASE, LICENSE,
PERMIT, OR OTHER AGREEMENT AUTHORIZING THE USE OF FEDERAL LANDS,
INCLUDING GRAZING OF DOMESTIC LIVESTOCK, TO ANY PERSON WHO IS CONVICTED
OF A CRIMINAL CIOLATION OF THIS ACT OR ANY REGULATION, PERMIT, OR
CERTIFICATE ISSUED HEREUNDER MAY IMMEDIATELY MODIFY, SUSPEND, OR REVOKE
EACH LEASE, LICENSE, PERMIT, OR OTHER AGREEMENT. THE SECRETARY SHALL
ALSO SUSPEND FOR A PERIOD OF UP TO ONE YEAR, OR CANCEL, ANY FEDERAL
HUNTING OR FISHING PERMITS OR STAMPS ISSUED TO ANY PERSON WHO IS
CONVICTED OF A CRIMINAL VIOLATION OF ANY PROVISION OF THIS ACT OR ANY
REGULATION, PERMIT, OR CERTIFICATE ISSUED HEREUNDER. THE UNITED STATES
SHALL NOT BE LIABLE FOR THE PAYMENTS OF ANY COMPENSATION, REIMBURSEMENT,
OR DAMAGES IN CONNECTION WITH THE MODIFICATION, SUSPENSION, OR
REVOCATION OF ANY LEASES, LICENSES, PERMITS, STAMPS, OR OTHER AGREEMENTS
PURSUANT TO THIS SECTION.
(C) DISTRICT COURT JURISDICTION.--THE SEVERAL DISTRICT COURTS OF THE
UNITED STATES, INCLUDING THE COURTS ENUMERATED IN SECTION 460 OF TITLE
28, UNITED STATES CODE, //65 STAT. 725; 72 STAT. 348.// SHALL HAVE
JURISDICTION OVER ANY ACTIONS ARISING UNDER THIS ACT. FOR THE PURPOSE
OF THIS ACT, AMERICAN SAMOA SHALL BE INCLUDED WITHIN THE JUDICIAL
DISTRICT OF THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF
HAWAII.
(D) REWARDS.--UPON THE RECOMMENDATION OF THE SECRETARY, THE SECRETARY
OF THE TREASURY IS AUTHORIZED TO PAY AN AMOUNT EQUAL TO ONE-HALF OF THE
CIVIL PENALTY OR FINE PAID, BUT NOT TO EXCEED $2,500, TO ANY PERSON WHO
FURNISHES INFORMATION WHICH LEADS TO A FINDING OF CIVIL VIOLATION OR A
CONVICTION OF A CRIMINAL VIOLATION OF ANY PROVISION OF THIS ACT OR ANY
REGULATION OR PERMIT ISSUED THEREUNDER. ANY OFFICER OR EMPLOYEE OF THE
UNITED STATES OR OF ANY STATE OR LOCAL GOVERNMENT WHO FURNISHES
INFORMATION OR RENDERS SERVICE IN THE PERFORMANCE OF HIS OFFICIAL DUTIES
SHALL NOT BE ELIGIBLE FOR PAYMENT UNDER THIS SECTION.
(E) ENFORCEMENT.--(1) THE PROVISIONS OF THIS ACT AND ANY BY THE
SECRETARY, THE SECRETARY OF THE TREASURY, OR THE SECRETARY OF THE
DEPARTMENT IN WHICH THE COAST GUARD IS OPERATING, OR ALL SUCH
SECRETARIES. EACH SUCH SECRETARY MAY UTILIZE BY AGREEMENT, WITH OR
WITHOUT REIMBURSEMENT, THE PERSONNEL, SERVICES, AND FACILITIES OF ANY
OTHER FEDERAL AGENCY OR ANY STATE AGENCY FOR PURPOSES OF ENFORCING THIS
ACT.
(2) THE JUDGES OF THE DISTRICT COURTS OF THE UNITED STATES AND UNITED
STATES MAGISTRATES MAY, WITHIN THEIR RESPECTIVE JURISDICTIONS, UPON
PROPER OATH OR AFFIRMATION SHOWING PROBABLE CAUSE, ISSUE SUCH WARRANTS
OR OTHER PROCESS AS MAY BE REQUIRED FOR ENFORCEMENT OF THIS ACT AND ANY
REGULATION ISSUED THEREUNDER.
(3) ANY PERSON AUTHORIZED BY THE SECRETARY, THE SECRETARY OF THE
TREASURY, OR THE SECRETARY OF THE DEPARTMENT IN WHICH THE COAST GUARD IS
OPERATING, TO ENFORCE THIS ACT MAY DETAIN FOR INSPECTION AND INSPECT ANY
PACKAGE, CRATE, OR OTHER CONTAINER, INCLUDING ITS CONTENTS, AND ALL
ACCOMPANYING DOCUMENTS, UPON IMPORTATION OR EXPORTATION. SUCH PERSON
MAY EXECUTE AND SERVE ANY ARREST WARRANT, SEARCH WARRANT, OR OTHER
WARRANT OR CIVIL OR CRIMINAL PROCESS ISSUED BY ANY OFFICER OR COURT OF
COMPETENT JURISDICTION FOR ENFORCEMENT OF THIS ACT. SUCH PERSON SO
AUTHORIZED MAY SEARCH AND SEIZE, WITH OR WITHOUT A WARRANT, AS
AUTHORIZED BY LAW. ANY FISH, WILDLIFE, PROPERTY, OR ITEM SO SEIZED
SHALL BE HELD BY ANY PERSON AUTHORIZED BY THE SECRETARY, THE SECRETARY
OF THE TREASURY, OR THE SECRETARY OF THE DEPARTMENT IN WHICH THE COAST
GUARD IS OPERATING PENDING DISPOSITION OF CIVIL OR CRIMINAL PROCEEDINGS,
OR THE INSTITUTION OF AN ACTION IN REM FOR FORFEITURE OF SUCH FISH,
WILDLIFE, PROPERTY, OR ITEM PURSUANT TO PARAGRAPH (4) OF THIS
SUBSECTION; EXCEPT THAT THE SECRETARY MAY, IN LIEU OF HOLDING SUCH
FISH, WILDLIFE, PROPERTY, OR ITEM, PERMIT THE OWNER OR CONSIGNEE TO POST
A BOND OR OTHER SURETY SATISFACTORY TO THE SECRETARY.
(4) (A) ALL FISH OR WILDLIFE OR PLANTS TAKEN, POSSESSED, SOLD,
PURCHASED, OFFERED FOR SALE OR PURCHASE, TRANSPORTED, DELIVERED,
RECEIVED, CARRIED, SHIPPED, EXPORTED, OR IMPORTED CONTRARY TO THE
PROVISIONS OF THIS ACT, ANY REGULATION MADE PURSUANT THERETO, OR ANY
PERMIT OR CERTIFICATE ISSUED HEREUNDER SHALL BE SUBJECT TO FORFEITURE TO
THE UNITED STATES.
(B) ALL GUNS, TRAPS, NETS, AND OTHER EQUIPMENT, VESSELS, VEHICLES,
AIRCRAFT, AND OTHER MEANS OF TRANSPORTATION USED TO AID THE TAKING,
POSSESSING, SELLING, PURCHASING, OFFERING FOR SALE OR PURCHASE,
TRANSPORTING, DELIVERING, RECEIVING, CARRYING, SHIPPING, EXPORTING, OR
IMPORTING OF ANY FISH OR WILDLIFE OR PLANTS IN VIOLATION OF THIS ACT,
ANY REGULATION MADE PURSUANT THERETO, OR ANY PERMIT OR CERTIFICATE
ISSUED THEREUNDER SHALL BE SUBJECT TO FORFEITURE TO THE UNITED STATES
UPON CONVICTION OF A CRIMINAL VIOLATION PURSUANT TO SECTION 11 (B) (1)
OF THIS ACT.
(5) ALL PROVISIONS OF LAW RELATING TO THE SEIZURE, FORFEITURE, AND
CONDEMNATION OF A VESSEL FOR VIOLATION OF THE CUSTOMS LAWS, THE
DISPOSITION OF SUCH VESSEL OR THE PROCEEDS FROM THE SALE THEREOF, AND
THE REMISSION OR MITIGATION OF SUCH FORFEITURE, SHALL APPLY TO THE
SEIZURES AND FORFEITURES INCURRED, OR ALLEGED TO HAVE BEEN INCURRED,
UNDER THE PROVISIONS OF THIS ACT, INSOFAR AS SUCH PROVISIONS OF LAW ARE
APPLICABLE AND NOT INCONSISTENT WITH THE PROVISIONS OF THIS ACT; EXCEPT
THAT ALL POWERS, RIGHTS, AND DUTIES CONFERRED OR IMPOSED BY THE CUSTOMS
LAWS UPON ANY OFFICER OR EMPLOYEE OF THE TREASURY DEPARTMENT SHALL, FOR
THE PURPOSES OF THIS ACT, BE EXERCISED OR PERFORMED BY THE SECRETARY OR
BY SUCH PERSONS AS HE MAY DESIGNATE.
(F) REGULATIONS.--THE SECRETARY, THE SECRETARY OF THE TREASURY, AND
THE SECRETARY OF THE DEPARTMENT IN WHICH THE COAST GUARD IS OPERATING,
ARE AUTHORIZED TO PROMULGATE SUCH REGULATIONS AS MAY BE APPROPRIATE TO
ENFORCE THIS ACT, AND CHARGE REASONABLE FEES FOR EXPENSES TO THE
GOVERNMENT CONNECTED WITH PERMITS OR CERTIFICATES AUTHORIZED BY THIS ACT
INCLUDING PROCESSING APPLICATIONS AND REASONABLE INSPECTIONS, AND WITH
THE TRANSFER, BOARD, HANDLING, OR STORAGE OR FISH OR WILDLIFE OR PLANTS
AND EVIDENTIARY ITEMS SEIZED AND FORFEITED UNDER THIS ACT. ALL SUCH
FEES COLLECTED PURSUANT TO THIS SUBSECTION SHALL BE DEPOSITED IN THE
TREASURY TO THE CREDIT OF THE APPROPRIATION WHICH IS CURRENT AND
CHARGEABLE FOR THE COST OF FURNISHING THE SERVICES. APPROPRIATED FUNDS
MAY BE EXPENDED PENDING REIMBURSEMENT FROM PARTIES IN INTEREST.
(G) CITIZEN SUITS.--(1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION ANY PERSON MAY COMMENCE A CIVIL SUIT ON HIS OWN BEHALF--
(A) TO ENJOIN ANY PERSON, INCLUDING THE UNITED STATES AND ANY
OTHER GOVERNMENTAL INSTRUMENTALITY OR AGENCY ( TO THE EXTENT
PERMITTED BY THE ELEVENTH AMENDMENT TO THE CONSTITUTION), WHO IS
ALLEGED TO BE IN VIOLATION OF ANY PROVISION OF THIS ACT OR
REGULATION ISSUED UNDER THE AUTHORITY THEREOF; OR
(B) TO COMPEL THE SECRETARY TO APPLY, PURSUANT TO SECTION 6 (G)
(2) (B) (II) OF THIS ACT, THE PROHIBITIONS SET FORTH IN OR
AUTHORIZED PURSUANT TO SECTION 4 (D) OR SECTION 9 (A) (1) (B) OF
THIS ACT WITH RESPECT TO THE TAKING OF ANY RESIDENT ENDANGERED
SPECIES OR THREATENED SPECIES WITHIN ANY STATE.
THE DISTRICT COURTS SHALL HAVE JURISDICTION, WITHOUT REGARD TO THE
AMOUNT IN CONTROVERSY OR THE CITIZENSHIP OF THE PARTIES, TO ENFORCE ANY
SUCH PROVISION OR REGULATION, AS THE CASE MAY BE. IN ANY CIVIL SUIT
COMMENCED UNDER SUBPARAGRAPH (B) THE DISTRICT COURT SHALL COMPEL THE
SECRETARY TO APPLY THE PROHIBITION SOUGHT IF THE COURT FINDS THAT THE
ALLEGATION THAT AN EMERGENCY EXISTS IS SUPPORTED BY SUBSTANTIAL
EVIDENCE.
(2) (A) NO ACTION MAY BE COMMENCED UNDER SUBPARAGRAPH (1) (A) OF THIS
SECTION--
(I) PRIOR TO SIXTY DAYS AFTER WRITTEN NOTICE OF THE VIOLATION
HAS BEEN GIVEN TO THE SECRETARY, AND TO ANY ALLEGED VIOLATOR OF
ANY SUCH PROVISION OR REGULATION;
(II) IF THE SECRETARY HAS COMMENCED ACTION TO IMPOSE A PENALTY
PURSUANT TO SUBSECTION (A) OF THIS SECTION; OR
(III) IF THE UNITED STATES HAS COMMENCED AND IS DILIGENTLY
PROSECUTING A CRIMINAL ACTION IN A COURT OF THE UNITED STATES OR A
STATE TO REDRESS A VIOLATION OF ANY SUCH PROVISION OR REGULATION.
(B) NO ACTION MAY BE COMMENCED UNDER SUBPARAGRAPH (1) (B) OF THIS
SECTION--
(I) PRIOR TO SIXTY DAYS AFTER WRITTEN NOTICE HAS BEEN GIVEN TO
THE SECRETARY SETTING FORTH THE REASONS WHY AN EMERGENCY IS
THOUGHT TO EXIST WITH RESPECT TO AN ENDANGERED SPECIES OR A
THREATENED SPECIES IN THE STATE CONCERNED; OR
(II) IF THE SECRETARY HAS COMMENCED AND IS DILIGENTLY
PROSECUTING ACTION UNDER SECTION 6 (G) (2) (B) (II) OF THIS ACT TO
DETERMINE WHETHER ANY SUCH EMERGENCY EXISTS.
(3) (A) ANY SUIT UNDER THIS SUBSECTION MAY BE BROUGHT IN THE JUDICIAL
DISTRICT IN WHICH THE VIOLATION OCCURS.
(B) IN ANY SUCH SUIT UNDER THIS SUBSECTION IN WHICH THE UNITED STATES
IS NOT A PARTY, THE ATTORNEY GENERAL, AT THE REQUEST OF THE SECRETARY,
MAY INTERVENE ON BEHALF OF THE UNITED STATES AS A MATTER OF RIGHT.
(4) THE COURT, IN ISSUING ANY FINAL ORDER IN ANY SUIT BROUGHT
PURSUANT TO PARAGRAPH (1) OF THIS SUBSECTION, MAY AWARD COSTS OF
LITIGATION (INCLUDING REASONABLE ATTORNEY AND EXPERT WITNESS FEES) TO
ANY PARTY, WHENEVER THE COURT DETERMINES SUCH AWARD IS APPROPRIATE.
(5) THE INJUNCTIVE RELIEF PROVIDED BY THIS SUBSECTION SHALL NOT
RESTRICT ANY RIGHT WHICH ANY PERSON (OR CLASS OF PERSONS) MAY HAVE UNDER
ANY STATUTE OR COMMON LAW TO SEEK ENFORCEMENT OF ANY STANDARD OR
LIMITATION TO SEEK ANY OTHER RELIEF (INCLUDING RELIEF AGAINST THE
SECRETARY OR A STATE AGENCY).
(H) COORDINATION WITH OTHER LAWS.--THE SECRETARY OF AGRICULTURE AND
THE SECRETARY SHALL PROVIDE FOR APPROPRIATE COORDINATION OF THE
ADMINISTRATION OF THIS ACT WITH THE ADMINISTRATION OF THE ANIMAL
QUARANTINE LAWS (21 U.S.C. 101 - 105, 111 - 135B, AND 612 - 614) AND
SECTION 306 OF THE TARIFF ACT OF 1930 (19 U.S.C. 1306). //46 STAT.
689. 19 USC 1654.// NOTHING IN THIS ACT OR ANY AMENDMENT MADE BY THIS
ACT SHALL BE CONSTRUED AS SUPERSEDING OR LIMITING IN ANY MANNER THE
FUNCTIONS OF THE SECRETARY OF AGRICULTURE UNDER ANY OTHER LAW RELATING
TO PROHIBITED OR RESTRICTED IMPORTATIONS OR POSSESSION OF ANIMALS AND
OTHER ARTICLES AND NO PROCEEDING OR DETERMINATION UNDER THIS ACT SHALL
PRECLUDE ANY PROCEEDING OR BE CONSIDERED DETERMINATIVE OF ANY ISSUE OF
FACT OR LAW IN ANY PROCEEDING UNDER ANY ACT ADMINISTERED BY THE
SECRETARY OF AGRICULTURE. NOTHING IN THIS ACT SHALL BE CONSTRUED AS
SUPERSEDING OR LIMITING IN ANY MANNER THE FUNCTIONS AND RESPONSIBILITIES
OF THE SECRETARY OF THE TREASURY UNDER THE TARIFF ACT OF 1930,
INCLUDING, WITHOUT LIMITATION, SECTION 527 OF THAT ACT (19 U. S.C.
1527), //46 STAT. 741.// RELATING TO THE IMPORTATION OF WILDLIFE TAKEN,
KILLED, POSSESSED, OR EXPORTED TO THE UNITED STATES IN VIOLATION OF THE
LAWS OR REGULATIONS OF A FOREIGN COUNTRY.
SEC. 12. THE SECRETARY OF THE SMITHSONIAN INSTITUTION, IN
CONJUNCTION WITH OTHER AFFECTED AGENCIES, IS AUTHORIZED AND DIRECTED TO
REVIEW (1) SPECIES OF PLANTS WHICH ARE NOW OR MAY BECOME ENDANGERED OR
THREATENED AND (2) METHODS OF ADEQUATELY CONSERVING SUCH SPECIES, //87
STAT. 901// AND TO REPORT TO CONGRESS WITHIN ONE YEAR AFTER THE DATE OF
THE ENACTMENT OF THIS ACT, THE RESULTS OF SUCH REVIEW INCLUDING
RECOMMENDATIONS FOR NEW LEGISLATION OR THE AMENDMENT OF EXISTING
LEGISLATION. //87 STAT. 902.//
SEC. 13. (A) SUBSECTION 4 (C) OF THE ACT OF OCTOBER 15, 1966 (80
STAT. 928, 16 U.S.C. 668DD (C)), IS FURTHER AMENDED BY REVISING THE
SECOND SENTENCE THEREOF TO READ AS FOLLOWS: "WITH THE EXCEPTION OF
ENDANGERED SPECIES AND THREATENED SPECIES LISTED BY THE SECRETARY
PURSUANT TO SECTION 4 OF THE ENDANGERED SPECIES ACT OF 1973 IN STATES
WHEREIN A COOPERATIVE AGREEMENT DOES NOT EXIST PURSUANT TO SECTION 6 (C)
OF THAT ACT, NOTHING IN THIS ACT SHALL BE CONSTRUED TO AUTHORIZE THE
SECRETARY TO CONTROL OR REGULATE HUNTING OR FISHING OF RESIDENT FISH AND
WILDLIFE ON LANDS NOT WITHIN THE SYSTEM." //ANTE, P. 886.//
(B) SUBSECTION 10 (A) OF THE MIGRATORY BIRD CONSERVATION ACT (45
STAT. 1224, 16 U.S.C. 715I (A)) AND SUBSECTION 401 (A) OF THE ACT OF
JUNE 15, 1935 (49 STAT. 383, 16 U.S.C. 715S (A)), //80 STAT. 929. 80
STAT. 930.// ARE EACH AMENDED BY STRIKING OUT "THREATENED WITH
EXTINCTION," AND INSERTING IN LIEU THEREOF THE FOLLOWING: "LISTED
PURSUANT TO SECTION 4 OF THE ENDANGERED SPECIES ACT OF 1973 AS
ENDANGERED SPECIES OR THREATENED SPECIES,".
(C) SECTION 7 (A) (1) OF THE LAND AND WATER CONSERVATION FUND ACT OF
1965 (16 U.S.C. 460L - 9 (A) (1)) IS AMENDED BY STRIKING OUT: //78
STAT. 897; 86 STAT. 459.//
"THREATENED SPECIES.--FOR ANY NATIONAL AREA WHICH MAY BE
AUTHORIZED FOR THE PRESERVATION OF SPECIES OF FISH OR WILDLIFE
THAT ARE THREATENED WITH EXTINCTION."
AND INSERTING IN LIEU THEREOF THE FOLLOWING:
"ENDANGERED SPECIES AND THREATENED SPECIES.--FOR LANDS, WATERS,
OR INTERESTS THEREIN, THE ACQUISITION OF WHICH IS AUTHORIZED UNDER
SECTION 5 (A) OF THE ENDANGERED SPECIES ACT OF 1973, NEEDED FOR
THE PURPOSE OF CONSERVING ENDANGERED OR THREATENED SPECIES OF FISH
OR WILDLIFE OR PLANTS."
(D) THE FIRST SENTENCE OF SECTION 2 OF THE ACT OF SEPTEMBER 28, 1962,
AS AMENDED (76 STAT. 653, 16 U.S.C. 460K - 1), //86 STAT. 1063.// IS
AMENDED TO READ AS FOLLOWS:
"THE SECRETARY IS AUTHORIZED TO ACQUIRE AREAS OF LAND, OR INTERESTS
THEREIN, WHICH ARE SUITABLE FOR--
"(1) INCIDENTAL FISH AND WILDLIFE-ORIENTED RECREATIONAL
DEVELOPMENT,
"(2) THE PROTECTION OF NATURAL RESOURCES,
"(3) THE CONSERVATION OF ENDANGERED SPECIES OR THREATENED
SPECIES LISTED BY THE SECRETARY PURSUANT TO SECTION 4 OF THE
ENDANGERED SPECIES ACT OF 1973, OR
"(4) CARRYING OUT TWO OR MORE OF THE PURPOSES SET FORTH IN
PARAGRAPHS (1) THROUGH (3) OF THIS SECTION, AND ARE ADJACENT TO,
OR WITHIN, THE SAID CONSERVATION AREAS, EXCEPT THAT THE
ACQUISITION OF ANY LAND OR INTEREST THEREIN PURSUANT TO THIS
SECTION SHALL BE ACCOMPLISHED ONLY WITH SUCH FUNDS AS MAY BE
APPROPRIATED THEREFOR BY THE CONGRESS OR DONATED FOR SUCH
PURPOSES, BUT SUCH PROPERTY SHALL NOT BE ACQUIRED WITH FUNDS
OBTAINED FROM THE SALE OF FEDERAL MIGRATORY BIRD HUNTING STAMPS."
(E) THE MARINE MAMMAL PROTECTION ACT OF 1972 (16 U.S.C. 1361 - 1407
IS AMENDED-- //87 STAT. 902, 87 STAT. 903, 86 STAT. 1027.//
(1) BY STRIKING OUT "ENDANGERED SPECIES CONSERVATION ACT OF
1969" IN SECTION 3 (1) (B) THEREOF AND INSERTING IN LIEU THEREOF
THE FOLLOWING: "ENDANGERED SPECIES ACT OF 1973"; //16 USC 1362.
ANTE, P. 884.//
(2) BY STRIKING OUT "PURSUANT TO THE ENDANGERED SPECIES
CONSERVATION ACT OF 1969" IN SECTION 101 (A) (3) (B) THEREOF AND
INSERTING IN LIEU THEREOF THE FOLLOWING: "OR THREATENED SPECIES
PURSUANT TO THE ENDANGERED SPECIES ACT OF 1973"; //16 USC 1401.//
(3) BY STRIKING OUT "ENDANGERED UNDER THE ENDANGERED ENDANGERED
SPECIES CONSERVATION ACT OF 1969" IN SECTION 102 (B) (3) THEREOF
AND INSERTING IN LIEU THEREOF THE FOLLOWING: "AN ENDANGERED
SPECIES OR THREATENED SPECIES PURSUANT TO THE ENDANGERED SPECIES
ACT OF 1973"; AND
(4) BY STRIKING OUT "OF THE INTERIOR SUCH REVISIONS OF THE
ENDANGERED SPECIES LIST, AUTHORIZED BY THE ENDANGERED SPECIES
CONSERVATION ACT OF 1969," IN SECTION 202 (A) (6) THEREOF AND
INSERTING IN LIEU THEREOF THE FOLLOWING: "SUCH REVISIONS OF THE
ENDANGERED SPECIES LIST AND THREATENED SPECIES LIST PUBLISHED
PURSUANT TO SECTION 4 (C) (1) OF THE ENDANGERED SPECIES ACT OF
1973".
(F) SECTION 2 (L) OF THE FEDERAL ENVIRONMENTAL PESTICIDE CONTROL ACT
OF 1972 (PUBLIC LAW 92 - 516) //86 STAT. 973. 7 USC 136 NOTE.// IS
AMENDED BY STRIKING OUT THE WORDS "BY THE SECRETARY OF THE INTERIOR
UNDER PUBLIC LAW 91 - 135" AND INSERTING IN LIEU THEREOF THE WORDS "OR
THREATENED BY THE SECRETARY PURSUANT TO THE ENDANGERED SPECIES ACT OF
1973".
SEC. 14. THE ENDANGERED SPECIES CONSERVATION ACT OF 1969 (SECTIONS 1
THROUGH 3 OF THE ACT OF OCTOBER 15, 1966, AND SECTIONS 1 THROUGH 6 OF
THE ACT OF DECEMBER 5, 1969; 16 U.S.C. 668AA - 668CC - 6), IS REPEALED.
//80 STAT. 926. 83 STAT. 275.//
SEC. 15. EXCEPT AS AUTHORIZED IN SECTION 6 OF THIS ACT, THERE ARE
AUTHORIZED TO BE APPROPRIATED--
(A) NOT TO EXCEED $4,000,000 FOR FISCAL YEAR 1974, NOT TO
EXCEED $8,000,000 FOR FISCAL YEAR 1975 AND NOT TO EXCEED
$10,000,000 FOR FISCAL YEAR 1976, TO ENABLE THE DEPARTMENT OF THE
INTERIOR TO CARRY OUT SUCH FUNCTIONS AND RESPONSIBILITIES AS IT
MAY HAVE BEEN GIVEN UNDER THIS ACT; AND
(B) NOT TO EXCEED $2,000,000 FOR FISCAL YEAR 1974, $1,500,000
FOR FISCAL YEAR 1975 AND NOT TO EXCEED $2,000,000 FOR FISCAL YEAR
1976, TO ENABLE THE DEPARTMENT OF COMMERCE TO CARRY OUT SUCH
FUNCTIONS AND RESPONSIBILITIES AS IT MAY HAVE BEEN GIVEN UNDER
THIS ACT.
SEC. 16. THIS ACT SHALL TAKE EFFECT ON THE DATE OF ITS ENACTMENT.
SEC. 17. EXCEPT AS OTHERWISE PROVIDED IN THIS ACT, NO PROVISION OF
THIS ACT SHALL TAKE PRECEDENCE OVER ANY MORE RESTRICTIVE CONFLICTING
PROVISION OF THE MARINE MAMMAL PROTECTION ACT OF 1972. //86 STAT.
1027. 16 USC 1361 NOTE.//
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 412 (COMM. ON MERCHANT MARINE AND
FISHERIES) AND NO. 93 - 740 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 307 (COMM. ON COMMERCE).
CONGRESSIONAL RECORD, VOL. 119 (1973):
JULY 24, CONSIDERED AND PASSED SENATE. SEPT. 18, CONSIDERED AND
PASSED HOUSE, AMENDED, IN LIEU OF H. R. 37. DEC. 19, SENATE AGREED
TO CE REPORT. CONFERENCDEC. 20, HOUSE AGREED TO CONFERENCE
REPORT.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENT, VOL. 10, NO. 1
(1974): DEC. 28, 1973, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-204; 87 STAT. 883
TO AMEND SECTION 232 OF THE NATIONAL HOUSING ACT TO AUTHORIZE
INSURED LOANS TO PROVIDE FIRE SAFETY EQUIPMENT FOR NURSING HOMES
AND INTERMEDIATE CARE FACILITIES.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 232 OF THE
NATIONAL HOUSING ACT IS AMENDED BY ADDING AT THE END THEREOF A NEW
SUBSECTION AS FOLLOWS:
"(I) (1) THE SECRETARY IS AUTHORIZED UPON SUCH TERMS AND CONDITIONS
AS HE MAY PRESCRIBE TO MAKE COMMITMENTS TO INSURE AND TO INSURE LOANS
MADE BY FINANCIAL INSTITUTIONS OR OTHER APPROVED MORTGAGES TO NURSING
HOMES AND INTERMEDIATE CARE FACILITIES TO PROVIDE FOR THE PURCHASE AND
INSTALLATION OF FIRE SAFETY EQUIPMENT NECESSARY FOR COMPLIANCE WITH THE
1967 EDITION OF THE LIFE SAFETY CODE OF THE NATIONAL FIRE PROTECTION
ASSOCIATION OR OTHER SUCH CODES OR REQUIREMENTS APPROVED BY THE
SECRETARY OF HEALTH, EDUCATION, AND WELFARE AS CONDITIONS OF
PARTICIPATION FOR PROVIDERS OF SERVICES UNDER TITLE XVIII AND TITLE XIX
OF THE SOCIAL SECURITY ACT. //73 STAT. 663; 83 STAT. 382. 12 USC
1715W. 42 USC 1395, 1396.//
"(2) TO BE ELIGIBLE FOR INSURANCE UNDER THIS SUBSECTION A LOAN
SHALL--
"(A) NOT EXCEED THE SECRETARY'S ESTIMATE OF THE REASONABLE COST
OF THE EQUIPMENT FULLY INSTALLED;
"(B) BEAR INTEREST AT NOT TO EXCEED A RATE DETERMINED BY THE
SECRETARY TO BE NECESSARY TO MEET THE LOAN MARKET;
"(C) HAVE A MATURITY SATISFACTORY TO THE SECRETARY;
"(D) BE MADE BY A FINANCIAL INSTITUTION OR OTHER MORTGAGEE
APPROVED BY THE SECRETARY AS ELIGIBLE FOR INSURANCE UNDER SECTION
2 OR A MORTGAGEE APPROVED UNDER SECTION 203 (B) (1); AND //48
STAT. 1248. 12 USC 1709.//
"(E) COMPLY WITH OTHER SUCH TERMS, CONDITIONS, AND RESTRICTIONS
AS THE SECRETARY MAY PRESCRIBE.
"(3) THE PROVISIONS OF PARAGRAPHS (5), (6), (7), (9), AND (10) OF
SECTION 220 (H) SHALL BE APPLICABLE TO LOANS INSURED UNDER THIS
SUBSECTION, EXCEPT THAT ALL REFERENCES TO 'HOME IMPROVEMENT LOANS' SHALL
BE CONSTRUED TO REFER TO LOANS UNDER THIS SUBSECTION. //75 STAT. 155.
12 USC 1715K.//
"(4) THE PROVISIONS OF SUBSECTIONS (C), (D), AND (H) OF SECTION 2
SHALL APPLY TO LOANS INSURED UNDER THIS SUBSECTION, AND FOR THE PURPOSE
OF THIS SUBSECTION REFERENCES IN SUCH SUBSECTIONS TO 'THIS SECTION' OR
'THIS TITLE' SHALL BE CONSTRUED TO REFER TO THIS SUBSECTION.". //12 USC
1703.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 729 (COMM. ON BANKING AND CURRENCY).
SENATE REPORT NO. 93 - 580 (COMM. ON BANKING, HOUSING AND URBAN
AFFAIRS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
NOV. 30, CONSIDERED AND PASSED SENATE. DEC. 17, CONSIDERED AND
PASSED HOUSE.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VOL. 10, NO. 1
1974):
DEC. 28, 1973, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-203; 87 STAT. 839, COMPREHENSIVE EMPLOYMENT AND
TRAINING ACT OF 1973 (TITLES IV-VI)
SEC. 401. THIS TITLE ESTABLISHES A JOB CORPS FOR LOW-INCOME
DISADVANTAGED YOUNG MEN AND WOMEN, SETS FORTH STANDARDS AND PROCEDURES
FOR SELECTING INDIVIDUALS AS ENROLLEES IN THE JOB CORPS, AUTHORIZES THE
ESTABLISHMENT OF RESIDENTIAL AND NONRESIDENTIAL CENTERS IN WHICH
ENROLLEES WILL PARTICIPATE IN INTENSIVE PROGRAMS OF EDUCATION,
VOCATIONAL TRAINING WORK EXPERIENCE, COUNSELING AND OTHER ACTIVITIES,
AND PRESCRIBES VARIOUS OTHER POWERS, DUTIES, AND RESPONSIBILITIES
INCIDENT TO THE OPERATION AND CONTINUING DEVELOPMENT OF THE JOB CORPS.
THE PURPOSE OF THIS TITLE IS TO ASSIST YOUNG PERSONS WHO NEED AND CAN
BENEFIT FROM AN UNUSUALLY INTENSIVE PROGRAM, OPERATED IN A GROUP
SETTING, TO BECOME MORE RESPONSIVE, EMPLOYABLE, AND PRODUCTIVE CITIZENS;
AND TO DO SO IN A WAY THAT CONTRIBUTES, WHERE FEASIBLE, TO THE
DEVELOPMENT OF NATIONAL, STATE, AND COMMUNITY RESOURCES, AND TO THE
DEVELOPMENT AND DISSEMINATION OF TECHNIQUES FOR WORKING WITH THE
DISADVANTAGED THAT CAN BE WIDELY UTILIZED BY PUBLIC AND PRIVATE
INSTITUTIONS AND AGENCIES.
SEC. 402. THERE IS ESTABLISHED WITHIN THE DEPARTMENT OF LABOR A "JOB
CORPS".
SEC. 403. TO BECOME AN ENROLLEE IN THE JOB CORPS, A YOUNG MAN OR
WOMAN MUST BE A PERSONS WHO--
(1) IS A PERMANENT RESIDENT OF THE UNITED STATES WHO HAS
ATTAINED AGE FOURTEEN BUT NOT ATTAINED AGE TWENTY-TWO AT THE TIME
OF ENROLLMENT;
(2) IS A LOW-INCOME INDIVIDUAL OR MEMBER OF A LOW-INCOME FAMILY
WHO REQUIRES ADDITIONAL EDUCATION, TRAINING, OR INTENSIVE
COUNSELING AND RELATED ASSISTANCE IN ORDER TO SECURE AND HOLD
MEANINGFUL EMPLOYMENT, PARTICIPATE SUCCESSFULLY IN REGULAR
SCHOOLWORK, QUALIFY FOR OTHER TRAINING PROGRAMS SUITABLE TO HIS
NEEDS, OR SATISFY ARMED FORCES REQUIREMENTS;
(3) IS CURRENTLY LIVING IN AN ENVIRONMENT SO CHARACTERIZED BY
CULTURAL DEPIRVATION, A DISRUPTIVE HOMELIFE, OR OTHER DISORIENTING
CONDITIONS AS TO SUBSTANTIALLY IMPAIR HIS PROSPECTS FOR SUCCESSFUL
PARTICIPATION IN ANY OTHER PROGRAM PROVIDING NEEDED TRAINING,
EDUCATION, OR ASSISTANCE;
(4) IS DETERMINED, AFTER CAREFUL SCREENING AS PROVIDED FOR IN
SECTIONS 404 AND 405, TO HAVE THE PRESENT CAPABILITIES AND
ASPIRATIONS NEEDED TO COMPLETE AND SECURE THE FULL BENEFIT OF THE
PROGRAM AUTHORIZED IN THIS TITLE, AND TO BE FREE OF MEDICAL AND
BEHAVIORAL PROBLEMS SO SERIOUS THAT HE COULD NOT OR WOULD NOT BE
ABLE TO ADJUST TO THE STANDARDS OF CONDUCT AND DISCIPLINE OR
PATTERN OF WORK AND TRAINING WHICH THAT PROGRAM INVOLVES; AND
(5) MEETS SUCH OTHER STANDARDS FOR ENROLLMENT AS THE SECRETARY
MAY PRESCRIBE (INCLUDING SPECIAL STANDARDS FOR THE ENROLLMENT ON A
RESIDENTIAL BASIS OF 14 AND 15 YEAR OLDS) AND AGREES TO COMPLY
WITH ALL APPLICABLE JOB CORPS RULES AND REGULATIONS.
SEC. 404. (A) THE SECRETARY SHALL PRESCRIBE NECESSARY RULES FOR THE
SCREENING AND SELECTION OF APPLICANTS FOR ENROLLMENT IN THE JOB CORPS.
TO THE EXTENT PRACTICABLE, RULES ESTABLISHED UNDER THIS SECTION SHALL BE
IMPLEMENTED THROUGH ARRANGEMENTS WHICH MAKE USE OF AGENCIES AND
ORGANIZATIONS SUCH AS COMMUNITY ACTION AGENCIES, PUBLIC EMPLOYMENT
OFFICES, PROFESSIONAL GROUPS, AND LABOR ORGANIZATIONS. THE RULES SHALL
ESTABLISH SPECIFIC STANDARDS AND PROCEDURES FOR CONDUCTING SCREENING AND
SELECTION ACTIVITIES; SHALL ENCOURAGE RECRUITMENT THROUGH AGENCIES AND
INDIVIDUALS HAVING CONTACT WITH YOUTHS OVER SUBSTANTIAL PERIODS OF TIME
AND ABLE, ACCORDINGLY, TO OFFER RELIABLE INFORMATION AS TO THEIR NEEDS
AND PROBLEMS; AND SHALL PROVIDE FOR NECESSARY CONSULTATION WITH OTHER
INDIVIDUALS AND ORGANIZATIONS, INCLUDING COURT, PROBATION, PAROLE, LAW
ENFORCEMENT, EDUCATION, WELFARE, AND MEDICAL AUTHORITIES AND ADVISERS.
THE RULES SHALL ALSO PROVIDE FOR--
(1) THE INTERVIEWING OF EACH APPLICANT FOR THE PURPOSE OF--
(A) DETERMINING WHETHER HIS EDUCATIONAL AND VOCATIONAL NEEDS
CAN BEST BE MET THROUGH THE JOB CORPS OR ANY ALTERNATIVE PROGRAM
IN HIS HOME COMMUNITY;
(B) OBTAINING FROM THE APPLICANT PERTINENT DATA RELATING TO HIS
BACKGROUND, NEEDS, AND INTERESTS FOR EVALUATION IN DETERMINING HIS
ELIGIBILITY AND POTENTIAL ASSIGNMENT; AND
(C) GIVING THE APPLICANT A FULL UNDERSTANDING OF THE JOB CORPS
PROGRAM AND MAKING CLEAR WHAT WILL BE EXPECTED OF HIM AS AN
ENROLLEE IN THE EVENT OF HIS ACCEPTANCE; AND
(2) THE CONDUCT OF A CAREFUL AND SYSTEMATIC INQUIRY CONCERNING
THE APPLICANT'S BACKGROUND FOR THE EFFECTIVE DEVELOPMENT AND, AS
APPROPRIATE, CLARIFICATION OF INFORMATION CONCERNING HIS AGE,
CITIZENSHIP, SCHOOL AND DRAFT STATUS, HEALTH, EMPLOYABILITY, PAST
BEHAVIOR, FAMILY INCOME, ENVIRONMENT, AND OTHER MATTERS RELATED TO
A DETERMINATION OF HIS ELIGIBILITY.
(B) THE SECRETARY SHALL MAKE NO PAYMENTS TO ANY INDIVIDUAL OR
ORGANIZATION SOLELY AS COMPENSATION FOR THE SERVICE OF REFERRING THE
NAMES OF CANDIDATES FOR ENROLLMENT IN THE JOB CORPS.
(C) THE SECRETARY SHALL TAKE ALL NECESSARY STEPS TO ASSURE THAT THE
ENROLLMENT OF THE JOB CORPS INCLUDES AN APPROPRIATE NUMBER OF CANDIDATES
SELECTED FROM RURAL AREAS, TAKING INTO ACCOUNT THE PROPORTION OF
ELIGIBLE YOUTH WHO RESIDE IN RURAL AREAS AND THE NEED TO PROVIDE
RESIDENTIAL FACILITIES FOR SUCH YOUTH IN ORDER TO MEET PROBLEMS OF WIDE
GEOGRAPHIC DISPERSION.
SEC. 405. (A) NO INDIVIDUAL SHALL BE SELECTED AS AN ENROLLEE UNLESS
IT IS DETERMINED THAT THERE IS REASONABLE EXPECTATION THAT HE CAN
PARTICIPATE SUCCESSFULLY IN GROUP SITUATIONS AND ACTIVITIES WITH OTHER
ENROLLEES, THAT HE IS NOT LIKELY TO ENGAGE IN ACTIONS OR BEHAVIOR THAT
WOULD PREVENT OTHER ENROLLEES FROM RECEIVING THE BENEFIT OF THE PROGRAM
OR BE INCOMPATIBLE WITH THE MAINTENANCE OF SOUND DISCIPLINE AND
SATISFACTORY RELATIONSHIPS BETWEEN ANY CENTER TO WHICH HE MIGHT BE
ASSIGNED AND SURROUNDING COMMUNITIES, AND THAT HE MANIFESTS A BASIC
UNDERSTANDING OF BOTH THE RULES TO WHICH HE WILL BE SUBJECT AND OF THE
CONSEQUENCES OF FAILURE TO OBSERVE THOSE RULES. BEFORE SELECTING AN
INDIVIDUAL WHO HAS A HISTORY OF SERIOUS AND VIOLENT BEHAVIOR AGAINST
PERSONS OR PROPERTY, REPETITIVE DELINQUENT ACTS, NARCOTICS ADDICTION, OR
OTHER MAJOR BEHAVIORAL ABERRATIONS, THE SECRETARY OF LABOR SHALL OBTAIN
A FINDING FROM A PROFESSIONALLY QUALIFIED PERSON WHO KNOWS SUCH
POTENTIAL ENROLLEE'S INDIVIDUAL SITUATION THAT THERE IS REASONABLE
EXPECTATION THAT HIS CONDUCT WILL NOT BE INIMICAL TO THE GOALS AND
SUCCESS OF THE JOB CORPS AND THAT THE OPPORTUNITY PROVIDED BY THE JOB
CORPS WILL HELP HIM TO OVERCOME HIS PROBLEM.
(B) AN INDIVIDUAL WHO OTHERWISE QUALIFIES FOR ENROLLMENT MAY BE
SELECTED EVEN THOUGH HE IS ON PROBATION OR PAROLE, BUT ONLY IF HIS
RELEASE FROM THE IMMEDIATE SUPERVISION OF THE COGNIZANT PROBATION OR
PAROLE OFFICIALS IS MUTUALLY SATISFACTORY TO THOSE OFFICIALS AND THE
SECRETARY, DOES NOT VIOLATE APPLICABLE LAWS OR REGULATIONS, AND IF THE
SECRETARY HAS ARRANGED TO PROVIDE ALL SUPERVISION OF THE INDIVIDUAL AND
ALL REPORTS TO STATE OR OTHER AUTHORITIES THAT MAY BE NECESSARY TO
COMPLY WITH APPLICABLE PROBATION OR PAROLE REQUIREMENTS.
SEC. 406. (A) NO INDIVIDUAL MAY BE ENROLLED IN THE JOB CORPS FOR
MORE THAN TWO YEARS, EXCEPT AS THE SECRETARY MAY AUTHORIZE IN SPECIAL
CASES.
(B) ENROLLMENT IN THE JOB CORPS SHALL NOT RELIEVE ANY INDIVIDUAL OF
OBLIGATIONS UNDER THE MILITARY SELECTIVE SERVICE ACT (50 U.S.C. APP.
451 ET SEQ.). //62 STAT. 604.//
(C) EACH ENROLLEE (OTHER THAN A NATIVE AND CITIZEN OF CUBA DESCRIBED
IN SECTION 609 (3) OF THE ECONOMIC OPPORTUNITY ACT OF 1964 OR A
PERMANENT RESIDENT OF THE TRUST TERRITORY OF THE PACIFIC ISLANDS) MUST
TAKE AND SUBSCRIBE TO AN OATH OR AFFIRMATION IN THE FOLLOWING FORM: "I
DO SOLEMNLY SWEAR (OR AFFIRM) THAT I BEAR TRUE FAITH AND ALLEGIANCE TO
THE UNITED STATES OF AMERICA AND WILL SUPPORT AND DEFEND THE
CONSTITUTION AND LAWS OF THE UNITED STATES AGAINST ALL ITS ENEMIES
FOREIGN AND DOMESTIC." //81 STAT. 715. 42 USC 2949.// THE PROVISIONS OF
SECTION 1001 OF TITLE 18, UNITED STATES CODE, SHALL BE APPLICABLE TO
THIS OATH OR AFFIRMATION. //62 STAT. 749.//
(D) AFTER THE SECRETARY HAS DETERMINED WHETHER AN ENROLLEE IS TO BE
ASSIGNED TO A MEN'S TRAINING CENTER, A CONSERVATION CENTER, OR A WOMEN'S
TRAINING CENTER, THE ENROLLEE, SHALL BE ASSIGNED TO THE CENTER OF THE
APPROPRIATE TYPE IN WHICH A VACANCY EXISTS WHICH IS CLOSEST TO THE
ENROLLEE'S HOME, EXCEPT THAT THE SECRETARY, ON AN INDIVIDUAL BASIS, MAY
WAIVE THIS REQUIREMENT WHEN OVERRIDING CONSIDERATIONS JUSTIFY SUCH
ACTION. ASSIGNMENTS TO CENTERS IN AREAS MORE REMOTE FROM THE ENROLLEE'S
HOME SHALL BE CAREFULLY LIMITED TO SITUATIONS IN WHICH SUCH ACTION IS
NECESSARY IN ORDER TO INSURE AN EQUITABLE OPPORTUNITY FOR DISADVANTAGED
YOUTH FROM VARIOUS SECTIONS OF THE COUNTRY TO PARTICIPATE IN THE
PROGRAM, TO PREVENT UNDUE DELAYS IN THE ASSIGNMENT OF INDIVIDUAL
ENROLLEES, TO PROVIDE AN ASSIGNMENT WHICH ADEQUATELY MEETS THE
EDUCATIONAL OR OTHER NEEDS OF THE ENROLLEE OR IS NECESSARY FOR
EFFICIENCY AND ECONOMY IN THE OPERATION OF THE PROGRAM.
(E) ASSIGNMENTS OF MALE ENROLLEES SHALL BE MADE SO THAT, AT ANY ONE
TIME, AT LEAST 40 PER CENTUM OF THOSE ENROLLEES ARE ASSIGNED TO
CONSERVATION CENTERS AS DESCRIBED IN SECTION 407, OR TO OTHER CENTERS OR
PROJECTS WHERE THEIR WORK ACTIVITY IS PRIMARILY DIRECTED TO THE
CONSERVATION, DEVELOPMENT, OR MANAGEMENT OF PUBLIC NATURAL RESOURCES OR
RECREATIONAL AREAS AND IS PERFORMED UNDER THE DIRECTION OF PERSONNEL OF
AGENCIES REGULARLY RESPONSIBLE FOR THE FUNCTIONS RELATING TO SUCH
RESOURCES OR AREAS.
SEC. 407. (A) THE SECRETARY MAY MAKE AGREEMENTS WITH FEDERAL, STATE,
OR LOCAL AGENCIES, OR PRIVATE ORGANIZATIONS FOR THE ESTABLISHMENT AND
OPERATION OF JOB CORPS CENTERS, JOB CORPS CENTERS MAY BE RESIDENTIAL OR
NONRESIDENTIAL IN CHARACTER, OR BOTH, AND SHALL BE DESIGNED AND OPERATED
SO AS TO PROVIDE ENROLLEES, IN A WELL-SUPERVISED SETTING, WITH
EDUCATION, VOCATIONAL TRAINING, WORK EXPERIENCE (EITHER IN DIRECT
PROGRAM ACTIVITIES OR THROUGH ARRANGEMENTS WITH EMPLOYERS), COUNSELING,
AND OTHER SERVICES APPROPRIATE TO THEIR NEEDS. THE CENTERS SHALL
INCLUDE CONSERVATION CENTERS, TO BE KNOWN AS CIVILIAN CONSERVATION
CENTERS, TO BE LOCATED PRIMARILY IN RURAL AREAS AND TO PROVIDE, IN
ADDITION TO OTHER TRAINING AND ASSISTANCE, PROGRAMS OF WORK EXPERIENCE
FOCUSED UPON ACTIVITIES TO CONSERVE, DEVELOP, OR MANAGE PUBLIC NATURAL
RESOURCES OR PUBLIC RECREATIONAL AREAS OR TO ASSIST IN DEVELOPING
COMMUNITY PROJECTS IN THE PUBLIC INTEREST. THE CENTERS SHALL ALSO
INCLUDE MEN'S AND WOMEN'S TRAINING CENTERS TO BE LOCATED IN EITHER URBAN
OR RURAL AREAS AND TO PROVIDE ACTIVITIES WHICH SHALL INCLUDE TRAINING
AND OTHER SERVICES APPROPRIATE FOR ENROLLEES WHO CAN BE EXPECTED TO
PARTICIPATE SUCCESSFULLY IN TRAINING FOR SPECIFIC TYPES OF SKILLED OR
SEMISKILLED EMPLOYMENT.
(B) TO THE EXTENT FEASIBLE, MEN'S AND WOMEN'S TRAINING CENTERS SHALL
OFFER EDUCATION AND VOCATIONAL TRAINING OPPORTUNITIES, TOGETHER WITH
SUPPORTIVE SERVICES, ON A NONRESIDENTIAL BASIS TO PARTICIPANTS IN
PROGRAMS DESCRIBED IN TITLE I OF THIS ACT. SUCH OPPORTUNITIES MAY BE
OFFERED ON A REIMBURSABLE BASIS OR THROUGH SUCH OTHER ARRANGEMENTS AS
THE SECRETARY MAY SPECIFY.
SEC. 408. (A) EACH JOB CORPS CENTER SHALL BE OPERATED SO AS TO
PROVIDE ENROLLEES WITH AN INTENSIVE, WELL-ORGANIZED AND FULLY SUPERVISED
PROGRAM OF EDUCATION, VOCATIONAL TRAINING, WORK EXPERIENCE, PLANNED
AVOCATIONAL AND RECREATIONAL ACTIVITIES, PHYSICAL REHABILITATION AND
DEVELOPMENT, AND COUNSELING. TO THE FULLEST EXTENT FEASIBLE, THE
REQUIRED PROGRAM FOR EACH ENROLLEE SHALL INCLUDE ACTIVITIES DESIGNED TO
ASSIST HIM IN CHOOSING REALISTIC CAREER GOALS, COPING WITH PROBLEMS HE
MAY ENCOUNTER IN HIS HOME COMMUNITY OR IN ADJUSTING TO A NEW COMMUNITY,
AND PLANNING AND MANAGING HIS DAILY AFFAIRS IN A MANNER THAT WILL BEST
CONTRIBUTE TO A LONG-TERM UPWARD MOBILITY. CENTER PROGRAMS SHALL
INCLUDE REQUIRED PARTICIPATION IN CENTER MAINTENANCE SUPPORT AND RELATED
WORK ACTIVITY AS APPROPRIATE TO ASSIST ENROLLEES IN INCREASING THEIR
SENSE OF CONTRIBUTION, RESPONSIBILITY, AND DISCIPLINE.
(B) TO THE EXTENT PRACTICABLE, THE SECRETARY MAY ARRANGE FOR ENROLLEE
EDUCATION AND VOCATIONAL TRAINING THROUGH LOCAL PUBLIC OR PRIVATE
EDUCATIONAL AGENCIES, VOCATIONAL EDUCATIONAL INSTITUTIONS, OR TECHNICAL
INSTITUTES WHERE SUCH INSTITUTIONS OR INSTITUTES CAN PROVIDE TRAINING
COMPARABLE IN COST AND SUBSTANTIALLY EQUIVALENT IN QUALITY TO THAT WHICH
HE COULD PROVIDE THROUGH OTHER MEANS.
(C) ARRANGEMENTS FOR EDUCATION SHALL, TO THE EXTENT FEASIBLE, PROVIDE
OPPORTUNITIES FOR QUALIFIED ENROLLEES TO OBTAIN THE EQUIVALENT OF A
CERTIFICATE OF GRADUATION FROM HIGH SCHOOL. THE SECRETARY, WITH THE
CONCURRENCE OF THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE, SHALL
DEVELOP CERTIFICATES TO BE ISSUED TO ENROLLEES WHO HAVE SATISFACTORILY
COMPLETED THEIR SERVICES IN THE JOB CORPS AND WHICH WILL REFLECT THE
ENROLLEE'S LEVEL OF EDUCATIONAL ATTAINMENT.
(D) THE SECRETARY SHALL PRESCRIBE REGULATIONS TO ASSURE THAT JOB
CORPS WORK-EXPERIENCE PROGRAMS OR ACTIVITIES DOE NOT DISPLACE PRESENTLY
EMPLOYED WORKERS OR IMPAIR EXISTING CONTRACTS FOR SERVICE AND WILL BE
COORDINATED WITH OTHER WORK-EXPERIENCE PROGRAMS IN THE COMMUNITY.
SEC. 409. (A) THE SECRETARY MAY PROVIDE ENROLLEES WITH SUCH
PERSONAL, TRAVEL AND LEAVE ALLOWANCES, AND SUCH QUARTERS, SUBSISTENCE,
TRANSPORTATION, EQUIPMENT, CLOTHING, RECREATIONAL SERVICES, AND OTHER
EXPENSES AS HE MAY DEEM NECESSARY OR APPROPRIATE TO THEIR NEEDS.
PERSONAL ALLOWANCES SHALL BE ESTABLISHED AT A RATE NOT TO EXCEED $35 PER
MONTH DURING THE FIRST SIX MONTHS OF AN ENROLLEE'S PARTICIPATION IN THE
PROGRAM AND NOT TO EXCEED $50 PER MONTH THEREAFTER, EXCEPT THAT
ALLOWANCES IN EXCESS OF $35 PER MONTH, BUT NOT EXCEEDING $50 PER MONTH,
MAY BE PROVIDED FROM THE BEGINNING OF AN ENROLLEE'S PARTICIPATION IF IT
IS EXPENCTED TO BE OF LESS THAN SIX MONTHS' DURATION AND THE SECRETARY
IS AUTHORIZED TO PAY PERSONAL ALLOWANCES IN EXCESS OF THE RATES
SPECIFIED HEREIN IN UNUSUAL CIRCUMSTANCES AS DETERMINED BY HIM. SUCH
ALLOWANCES SHALL BE GRADUATED UP TO THE MAXIMUM SO AS TO ENCOURAGE
CONTINUED PARTICIPATION IN THE PROGRAM, ACHIEVEMENT AND THE BEST USE BY
THE ENROLLEE OF THE FUNDS SO PROVIDED AND SHALL BE SUBJECT TO REDUCTION
IN APPROPRIATE CASES AS A DISCIPLINARY MEASURE. TO THE DEGREE
REASONABLE, ENROLLEES SHALL BE REQUIRED TO MEET OR CONTRIBUTE TO COSTS
ASSOCIATED WITH THEIR INDIVIDUAL COMFORT AND ENJOYMENT FROM THEIR
PERSONAL ALLOWANCES.
(B) THE SECRETARY SHALL PRESCRIBE SPECIFIC RULES GOVERNING THE
ACCRUAL OF LEAVE BY ENROLLEES. EXCEPT IN THE CASE OF EMERGENCY, HE
SHALL IN NO EVENT ASSUME TRANSPORTATION COSTS CONNECTED WITH LEAVE OF
ANY ENROLLEE WHO HAS NOT COMPLETED AT LEAST SIX MONTHS SERVICE IN THE
JOB CORPS.
(C) THE SECRETARY MAY PROVIDE EACH FORMER ENROLLEE UPON TERMINATION,
A READJUSTMENT ALLOWANCE AT A RATE NOT TO EXCEED $50 FOR EACH MONTH OF
SATISFACTORY PARTICIPATION IN THE JOB CORPS. NO ENROLLEE SHALL BE
ENTITLED TO A READJUSTMENT ALLOWANCE, HOWEVER, UNLESS HE HAS REMAINED IN
THE PROGRAM AT LEAST NINETY DAYS, EXCEPT IN UNUSUAL CIRCUMSTANCES AS
DETERMINED BY THE SECRETARY. THE SECRETARY MAY, FROM TIME TO TIME,
ADVANCE TO OR ON BEHALF OF AN ENROLLEE SUCH PORTIONS OF HIS READJUSTMENT
ALLOWANCES AS THE SECRETARY DEEMS NECESSARY TO MEET EXTRAORDINARY
FINANCIAL OBLIGATIONS INCURRED BY THAT ENROLLEE; AND HE MAY ALSO,
PURSUANT TO RULES AND REGULATIONS, REDUCE THE AMOUNT OF AN ENROLLEE'S
READJUSTMENT ALLOWANCE AS A PENALTY FOR MISCONDUCT DURING PARTICIPATION
IN THE JOB CORPS. IN THE EVENT OF AN ENROLLEE'S DEATH DURING HIS PERIOD
OF SERVICE, THE AMOUNT OF ANY UNPAID READJUSTMENT ALLOWANCE SHALL BE
PAID IN ACCORDANCE WITH THE PROVISIONS OF SECTION 5582 OF TITLE 5,
UNITED STATES CODE. //5 USC 5332 NOTE.//
(D) UNDER SUCH CIRCUMSTANCES AS THE SECRETARY MAY DETERMINE, A
PORTION OF THE READJUSTMENT ALLOWANCE OF AN ENROLLEE NOT EXCEEDING $25
FOR EACH MONTH OF SATISFACTORY SERVICE MAY BE PAID DURING THE PERIOD OF
SERVICE OF THE ENROLLEE DIRECTLY TO A SPOUSE OR CHILD OF AN ENROLLEE OR
TO ANY OTHER RELATIVE WHO DRAWS SUBSTANTIAL SUPPORT FROM THE ENROLLEE,
AND ANY SUM SO PAID SHALL BE SUPPLEMENTED BY THE PAYMENT OF AN EQUAL
AMOUNT BY THE SECRETARY.
SEC. 410. (A) WITHIN JOB CORPS CENTERS STANDARDS OF CONDUCT AND
DEPORTMENT SHALL BE PROVIDED AND STRINGENTLY ENFORCED. IN THE CASE OF
VIOLATIONS COMMITTED BY ENROLLEES, DISMISSALS FROM THE CORPS OR
TRANSFERS TO OTHER LOCATIONS SHALL BE MADE IN EVERY INSTANCE WHERE IT IS
DETERMINED THAT RETENTION IN THE CORPS, OR IN THE PARTICULAR JOB CORPS
CENTER, WILL JEOPARDIZE THE ENFORCEMENT OF SUCH STANDARDS OF CONDUCT AND
DEPORTMENT OR DIMINISH THE OPPORTUNITY OF OTHER ENROLLEES.
(B) IN ORDER TO PROMOTE THE PROPER MORAL AND DISCIPLINARY CONDITIONS
IN THE JOB CORPS, THE INDIVIDUAL DIRECTORS OF JOB CORPS CENTERS SHALL BE
GIVEN FULL AUTHORITY TO TAKE APPROPRIATE DISCIPLINARY MEASURES AGAINST
ENROLLEES INCLUDING, BUT NOT LIMITED TO, DISMISSAL FROM THE JOB CORPS,
SUBJECT TO EXPEDITIOUS APPEAL PROCEDURES TO HIGHER AUTHORITY, AS
PROVIDED UNDER REGULATIONS ESTABLISHED BY THE SECRETARY.
SEC. 411. THE SECRETARY SHALL ENCOURAGE AND SHALL COOPERATE IN
ACTIVITIES DESIGNED TO ESTABLISH A MUTUALLY BENEFICIAL RELATIONSHIP
BETWEEN JOB CORPS CENTERS AND SURROUNDING OR NEARBY COMMUNITIES. THESE
ACTIVITIES SHALL INCLUDE THE ESTABLISHMENT OF COMMUNITY ADVISORY
COUNCILS TO PROVIDE A MECHANISM FOR JOINT DISCUSSION OF COMMON PROBLEMS
AND FOR PLANNING PROGRAMS OF MUTUAL INTEREST. WHENEVER POSSIBLE, SUCH
ADVISORY COUNCILS SHALL BE FORMED BY AND COORDINATED UNDER THE LOCAL
COMMUNITY ACTION AGENCY. YOUTH PARTICIPATION IN ADVISORY COUNCIL
AFFAIRS SHALL BE ENCOURAGED AND WHERE FEASIBLE SEPARATE YOUTH COUNCILS
MAY BE ESTABLISHED, TO BE COMPOSED OR REPRESENTATIVE ENROLLEES AND
REPRESENTATIVE YOUNG PEOPLE FROM THE COMMUNITIES. THE SECRETARY SHALL
ESTABLISH NECESSARY RULES AND TAKE NECESSARY ACTION TO ASSURE THAT EACH
CENTER IS OPERATED IN A MANNER CONSISTENT WITH THIS SECTION WITH A VIEW
TO ACHIEVING, SO FAR AS POSSIBLE, OBJECTIVES WHICH SHALL INCLUDE--
(1) GIVING COMMUNITY OFFICIALS APPROPRIATE ADVANCE NOTICE OF
CHANGES IN CENTER RULES, PROCEDURES, OR ACTIVITIES THAT MAY AFFECT
OR BE OF INTEREST TO THE COMMUNITY;
(2) AFFORDING THE COMMUNITY A MEANINGFUL VOICE IN CENTER
AFFAIRS OF DIRECT CONCERN TO IT, INCLUDING POLICIES GOVERNING THE
ISSUANCE AND TERMS OF PASSES TO ENROLLEES;
(3) PROVIDING CENTER OFFICIALS WITH FULL AND RAPID ACCESS TO
RELEVANT COMMUNITY GROUPS AND AGENCIES, INCLUDING LAW ENFORCEMENT
AGENCIES AND AGENCIES WHICH WORK WITH YOUNG PEOPLE IN THE
COMMUNITY;
(4) ENCOURAGING THE FULLEST PRACTICABLE PARTICIPATION OF
ENROLLEES IN PROGRAMS OR PROJECTS FOR COMMUNITY IMPROVEMENT OR
BETTERMENT, WITH ADEQUATE ADVANCE CONSULATION WITH BUSINESS,
LABOR, PROFESSIONAL, AND OTHER INTERESTED COMMUNITY GROUPS AND
ORGANIZATIONS;
(5) ARRANGING RECREATIONAL, ALTHLETIC, OR SIMILAR EVENTS IN
WHICH ENROLLEES AND LOCAL RESIDENTS MAY PARTICIPATE TOGETHER;
(6) PROVIDING COMMUNITY RESIDENTS WITH OPPORTUNITIES TO WORK
WITH ENROLLEES DIRECTLY, AS PART-TIME INSTRUCTORS, TUTORS, OR
ADVISERS, EITHER IN THE CENTER OR IN THE COMMUNITY;
(7) DEVELOPING, WHERE FEASIBLE, JOB OR CAREER OPPORTUNITIES FOR
ENROLLEES IN THE COMMUNITY; AND
(8) PROMOTING INTERCHANGES OF INFORMATION AND TECHNIQUES AMONG,
AND COOPERATIVE PROJECTS INVOLVING, THE CENTER AND COMMUNITY
SCHOOLS, EDUCATIONAL INSTITUTIONS, AND AGENCIES SERVING YOUNG
PEOPLE.
SEC. 412. (A) THE SECRETARY SHALL PROVIDE FOR THE COUNSELING AND
TESTING OF EACH ENROLLEE AT REGULAR INTERVALS TO FOLLOW HIS PROGRESS IN
EDUCATIONAL AND VOCATIONAL PROGRAMS.
(B) THE SECRETARY SHALL COUNSEL AND TEST EACH ENROLLEE PRIOR TO HIS
SCHEDULED TERMINATION TO DETERMINE HIS CAPABILITIES AND SHALL PLACE HIM
IN A JOB IN THE VOCATION FOR WHICH HE IS TRAINED AND IN WHICH HE IS
LIKELY TO SUCCEED, OR SHALL ASSIST HIM IN ATTAINING FURTHER TRAINING OR
EDUCATION. IN PLACING ENROLLEES IN JOBS, THE SECRETARY SHALL UTILIZE
THE UNITED STATES EMPLOYMENT SERVICE TO THE FULLEST EXTENT POSSIBLE.
(C) THE SECRETARY OF LABOR SHALL MAKE ARRANGEMENTS TO DETERMINE THE
STATUS AND PROGRESS OF TERMINEES AND TO ASSURE THAT THEIR NEED FOR
FURTHER EDUCATION, TRAINING, AND COUNSELING ARE MET.
(D) UPON TERMINATION OF AN ENROLLEE'S TRAINING, A COPY OF HIS
PERTINENT RECORDS, INCLUDING DATA DERIVED FROM HIS COUNSELING AND
TESTING, OTHER THAN CONFIDENTIAL INFORMATION, SHALL BE MADE AVAILABLE
IMMEDIATELY TO THE DEPARTMENT OF LABOR AND THE OFFICE OF ECONOMIC
OPPORTUNITY.
(E) THE SECRETARY SHALL, TO THE EXTENT FEASIBLE IN ACCORDANCE WITH
SECTION 637 (B) OF THE ECONOMIC ACT OF 1964, //81 STAT. 720. 42 USC
2979.// ARRANGE FOR THE READJUSTMENT ALLOWANCE PROVIDED FOR IN SECTION
409 (C) OF THIS ACT, LESS ANY SUMS ALREADY PAID PURSUANT TO SUBSECTION
(D) OF THAT SECTION, TO BE PAID TO FORMER ENROLLEES (WHO HAVE NOT
ALREADY FOUND EMPLOYMENT) AT THE PUBLIC EMPLOYMENT SERVICE OFFICE
NEAREST THE HOME OF ANY SUCH FORMER ENROLLEE IF HE IS RETURNING TO HIS
HOME, OR AT THE NEAREST SUCH OFFICE TO THE COMMUNITY IN WHICH THE FORMER
ENROLLEE HAS INDICATED AN INTENT TO RESIDE. THE SECRETARY SHALL MAKE
ARRANGEMENTS BY WHICH PUBLIC EMPLOYMENT SERVICE OFFICERS WILL MAINTAIN
RECORDS REGARDING FORMER ENROLLEES WHO ARE THUS PAID AT SUCH OFFICES
INCLUDING INFORMATION AS TO--
(1) THE NUMBER OF FORMER ENROLLEES WHO HAVE DECLINED THE
OFFICES' HELP IN FINDING A JOB;
(2) THE NUMBER WHO WERE SUCCESSFULLY PLACED IN JOBS WITHOUT
FURTHER EDUCATION OR TRAINING;
(3) THE NUMBER WHO WERE FOUND TO REQUIRE FURTHER TRAINING
BEFORE BEING PLACED IN JOBS AND THE TYPES OF TRAINING PROGRAMS IN
WHICH THEY PARTICIPATED; AND
(4) THE NUMBER WHO WERE FOUND TO REQUIRE FURTHER REMEDIAL OR
BASIC EDUCATION IN ORDER TO QUALIFY FOR TRAINING PROGRAMS,
TOGETHER WITH INFORMATION AS TO THE TYPES OF PROGRAMS FOR WHICH
SUCH FORMER ENROLLEES WERE FOUND UNQUALIFIED FOR ENROLLMENT.
IF THE SECRETARY DEEMS IT ADVISABLE TO UTILIZE THE SERVICES OF ANY
OTHER PUBLIC OR PRIVATE ORGANIZATION OR AGENCY IN LIEU OF THE PUBLIC
EMPLOYMENT OFFICE, HE SHALL ARRANGE FOR THAT ORGANIZATION OR AGENCY TO
MAKE THE PAYMENT OF THE READJUSTMENT ALLOWANCE AND MAINTAIN THE SAME
TYPES OF RECORDS REGARDING FORMER ENROLLEES AS ARE HEREIN SPECIFIED FOR
MAINTENANCE BY PUBLIC EMPLOYMENT SERVICE OFFICES, AND SHALL FURNISH
COPIES OF SUCH RECORDS TO THE SECRETARY. IN THE CASE OF ENROLLEES WHO
ARE PLACED IN JOBS BY THE SECRETARY PRIOR TO THE TERMINATION OF THEIR
PARTICIPATION IN THE JOB CORPS, THE SECRETARY SHALL MAINTAIN RECORDS
PROVIDING PERTINENT PLACEMENT AND FOLLOW-UP INFORMATION.
PROJECTS
SEC. 413. (A) THE SECRETARY SHALL PROVIDE FOR THE CAREFUL AND
SYSTEMATIC EVALUATION OF THE JOB CORPS PROGRAM, DIRECTLY OR BY
CONTRACTING FOR INDEPENDENT EVALUATIONS, WITH A VIEW TO MEASURING
SPECIFIC BENEFITS, SO FAR AS PRACTICABLE, AND PROVIDING INFORMATION
NEEDED TO ASSESS THE EFFECTIVENESS OF PROGRAM PROCEDURES, POLICIES, AND
METHODS OF OPERATION. IN PARTICULAR, THIS EVALUATION SHALL SEEK TO
DETERMINE THE COSTS AND BENEFITS RESULTING FROM THE USE OF RESIDENTIAL
AS OPPOSED TO NONRESIDENTIAL FACILITIES, FROM THE USE OF FACILITIES
COMBINING RESIDENTIAL AND NONRESIDENTIAL COMPONENTS, FROM THE USE OF
CENTERS WITH LARGE AS OPPOSED TO SMALL ENROLLMENTS, AND FROM THE USE OF
DIFFERENT TYPES OF PROGRAM SPONSORS, INCLUDING PUBLIC AGENCIES,
INSTITUTIONS OF HIGHER EDUCATION, AND PRIVATE CORPORATIONS. THE
EVALUATION SHALL ALSO INCLUDE COMPARISONS WITH PROPER CONTROL GROUPS
COMPOSED OF PERSONS WHO HAVE NOT PARTICIPATED IN THE PROGRAM. IN
CARRYING OUT SUCH EVALUATIONS, THE SECRETARY SHALL ARRANGE FOR OBTAINING
THE OPINIONS OF PARTICIPANTS ABOUT THE STRENGTHS AND WEAKNESSES OF THE
PROGRAM AND SHALL CONSULT WITH OTHER AGENCIES AND OFFICIALS IN ORDER TO
COMPARE THE RELATIVE EFFECTIVENESS OF JOB CORPS TECHNIQUES WITH THOSE
USED IN OTHER PROGRAMS, AND SHALL ENDEAVOR TO SECURE, THROUGH EMPLOYERS,
SCHOOLS, OR OTHER GOVERNMENT AND PRIVATE AGENCIES SPECIFIC INFORMATION
CONCERNING THE RESIDENCE OF FORMER ENROLLEES, THEIR EMPLOYMENT STATUS,
COMPENSATION AND SUCCESS IN ADJUSTING TO COMMUNITY LIFE. THE SECRETARY
SHALL ALSO SECURE, TO THE EXTENT FEASIBLE, SIMILAR INFORMATION DIRECTLY
FROM ENROLLEES AT APPROPRIATE INTERVALS FOLLOWING THEIR COMPLETION OF
THE JOB CORPS PROGRAM. THE RESULTS OF SUCH EVALUATION SHALL BE
PUBLISHED AND SHALL BE SUMMARIZED IN THE ANNUAL REPORT OF THE SECRETARY.
(B) THE SECRETARY MAY UNDERTAKE OR MAKE GRANTS OR CONTRACTS FOR
EXPERIMENTAL, RESEARCH, OR DEMONSTRATION PROJECTS DIRECTED TO DEVELOPING
OR TESTING WAYS OF SECURING THE BETTER USE OF FACILITIES, OF
ENCOURAGNING A MORE RAPID ADJUSTMENT OF ENROLLEES TO COMMUNITY LIFE THAT
WILL PERMIT A REDUCTION IN THE PERIOD OF THEIR ENROLLMENT, OF REDUCING
TRANSPORTATION AND SUPPORT COSTS, OR OF OTHERWISE PROMOTING GREATER
EFFICIENCY AND EFFECTIVENESS IN THE PROGRAM AUTHORIZED UNDER THIS PART.
THESE PROJECTS SHALL INCLUDE ONE OR MORE PROJECTS PROVIDING YOUTHS WITH
EDUCATION, TRAINING, AND OTHER SUPPORTIVE SERVICES ON A COMBINED
RESIDENTIAL AND NONRESIDENTIAL BASIS. THE SECRETARY MAY, IF HE DEEMS IT
ADVISABLE, UNDERTAKE ONE OR MORE PILOT PROJECTS DESIGNED TO INVOLVE
YOUTH WHO HAVE A HISTORY OF SERIOUS AND VIOLENT BEHAVIOR AGAINST PERSONS
OR PROPERTY, REPETITIVE DELINQUENT ACTS, NARCOTICS ADDICTION, OR OTHER
BEHAVIORAL ABERRATIONS. PROJECTS UNDER THIS SUBSECTION SHALL BE
DEVELOPED AFTER APPROPRIATE CONSULATION WITH OTHER FEDERAL OR STATE
AGENCIES CONDUCTING SIMILAR OR RELATED PROGRAMS OR PROJECTS AND WITH THE
PRIME SPONSORS, IN THE COMMUNITIES WHERE THE PROJECTS WILL BE CARRIED
OUT. THEY MAY BE UNDERTAKEN JOINTLY WITH OTHER FEDERAL OR FEDERALLY
ASSISTED PROGRAMS, AND FUNDS OTHERWISE AVAILABLE FOR ACTIVITIES UNDER
THOSE PROGRAMS SHALL, WITH THE CONSENT OF THE HEAD OF ANY AGENCY
CONCERNED, BE AVAILABLE TO PROJECTS UNDER THIS SECTION TO THE EXTENT
THEY INCLUDE THE SAME OR SUBSTANTIALLY SIMILAR ACTIVITIES. THE
SECRETARY MAY WAIVE ANY PROVISION OF THIS TITLE WHICH HE FINDS WOULD
PREVENT THE CARRYING OUT OF ELEMENTS OF PROJECTS UNDER THIS SUBSECTION
ESSENTIAL TO A DETERMINATION OF THEIR FEASIBILITY AND USEFULNESS. HE
SHALL, IN THE ANNUAL REPORT OF THE SECRETARY, REPORT TO THE CONGRESS
CONCERNING THE ACTIONS TAKEN UNDER THIS SECTION, INCLUDING A FULL
DESCRIPTION OF PROGRESS MADE IN CONNECTION WITH COMBINED RESIDENTIAL AND
NONRESIDENTIAL PROJECTS.
(C) IN ORDER TO DETERMINE WHETHER UPGRADED VOCATIONAL EDUCATION
SCHOOLS COULD ELIMINATE OR SUBSTANTIALLY REDUCE THE SCHOOL DROPOUT
PROBLEM, AND TO DEMONSTRATE HOW COMMUNITIES COULD MAKE MAXIMUM
UTILIZATION OF EXISTING EDUCATIONAL AND TRAINING FACILITIES, THE
SECRETARY IN COOPERATION WITH THE COMMISSIONER OF EDUCATION, SHALL ENTER
INTO ONE OR MORE AGREEMENTS WITH STATE EDUCATIONAL AGENCIES TO PAY THE
COST OF ESTABLISHING AND OPERATING MODEL COMMUNITY VOCATIONAL EDUCATION
SCHOOLS AND SKILL CENTERS. SUCH FACILITIES SHALL BE CENTRALLY LOCATED
IN AN URBAN AREA HAVING A HIGH DROPOUT RATE, A LARGE NUMBER OF
UNEMPLOYED YOUTHS, AND A NEED IN THE AREA FOR A COMBINATION VOCATIONAL
SCHOOL AND SKILL CENTER. NO SUCH AGREEMENT SHALL BE ENTERED INTO UNLESS
IT CONTAINS PROVISIONS DESIGNED TO ASSURE THAT--
(1) A JOB SURVEY BE MADE OF THE AREA;
(2) THE TRAINING PROGRAM OF THE SCHOOL AND SKILL CENTER REFLECT
THE JOB MARKET NEEDS AS PROJECTED BY THE SURVEY;
(3) AN ADVISORY COMMITTEE COMPOSED OF REPRESENTATIVES OF
BUSINESS, LABOR, EDUCATION, AND COMMUNITY LEADERS BE FORMED TO
FOLLOW THE CENTER'S ACTIVITIES AND TO MAKE PERIODIC
RECOMMENDATIONS REGARDING ITS OPERATION;
(4) ARRANGEMENTS HAVE BEEN OWRKED OUT WITH SCHOOLS IN THE AREA
AND THE ADMINISTRATOR OF THE SKILL CENTER FOR MAXIMUM UTILIZATION
OF THE CENTER BOTH DURING AND AFTER SCHOOL HOURS; AND
(5) SUCH ACCOUNTING AND EVALUATION PROCEDURES AS THE SECRETARY
AND THE COMMISSIONER OF EDUCATION DEEM NECESSARY TO CARRY OUT THE
PURPOSE OF THIS PROJECT WILL BE PROVIDED.
SEC. 414. THE SECRETARY SHALL MAKE USE OF ADVISORY COMMITTEES OR
BOARDS IN CONNECTION WITH THE OPERATION OF THE JOB CORPS, AND THE
OPERATION OF JOB CORPS CENTERS, WHENEVER HE DETERMINES THAT THE
AVAILABILITY OF OUTSIDE ADVICE AND COUNSEL ON A REGULAR BASIS WOULD BE
OF SUBSTANTIAL BENEFIT IN IDENTIFYING AND OVERCOMING PROBLEMS, IN
PLANNING PROGRAM OR CENTER DEVELOPMENT, OR IN STRENGTHENING
RELATIONSHIPS BETWEEN THE JOB CORPS AND AGENCIES, INSTITUTIONS, OR
GROUPS ENGAGED IN RELATED ACTIVITIES. NOTHING IN THIS SECTION SHALL BE
CONSIDERED AS LIMITING THE FUNCTIONS OF THE NATIONAL ADVISORY COUNCIL,
ESTABLISHED PURSUANT TO SECTION 605 OF THE ECONOMIC OPPORTUNITY ACT OF
1964, //80 STAT. 1469. 42 USC 2945.// WITH RESPECT TO ANY MATTER OR
QUESTION INVOLVING THE JOB CORPS; BUT THIS SHALL NOT PREVENT THE
ESTABLISHMENT THROUGH OR IN COOPERATION WITH THE NATIONAL ADVISORY
COUNCIL OF ONE OR MORE BOARDS OR COMMITTEES UNDER THIS SECTION.
SEC. 415. (A) THE SECRETARY SHALL TAKE NECESSARY ACTION TO
FACILITATE THE EFFECTIVE PARTICIPATION OF STATES IN THE JOB CORPS
PROGRAM, INCLUDING, BUT NOT LIMITED TO, CONSULTATION WITH APPROPRIATE
STATE AGENCIES ON MATTERS PERTAINING TO THE ENFORCEMENT OF APPLICABLE
STATE LAWS, STANDARDS OF ENROLLEE CONDUCT AND DISCIPLINE, THE
DEVELOPMENT OF MEANINGFUL WORK EXPERIENCE AND OTHER ACTIVITIES FOR
ENROLLEES, AND COORDINATION WITH STATE-OPERATED PROGRAMS.
(B) THE SECRETARY MAY ENTER INTO AGREEMENTS WITH STATES TO ASSIST IN
THE OPERATION OR ADMINISTRATION OF STATE-OPERATED PROGRAMS WHICH CARRY
OUT THE PURPOSE OF THIS PART. THE SECRETARY MAY, PURSUANT TO
REGULATIONS, PAY PART OR ALL OF THE OPERATIVE OR ADMINISTRATIVE COSTS OF
SUCH PROGRAMS.
(C) NO JOB CORPS CENTER OR OTHER SIMILAR FACILITY DESIGNED TO CARRY
OUT THE PURPOSE OF THIS ACT SHALL BE ESTABLISHED WITHIN A STATE UNLESS A
PLAN SETTING FORTH SUCH PROPOSED ESTABLISHMENT HAS BEEN SUBMITTED TO THE
GOVERNOR, AND SUCH PLAN HAS NOT BEEN DISAPPROVED BY HIM WITHIN 30 DAYS
OF SUCH SUBMISSION.
SEC. 416. (A) EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THE
FOLLOWING PARAGRAPHS OF THIS SUBSECTION, AND IN SECTION 8143 (A) OF
TITLE 5, UNITED STATES CODE, //82 STAT. 1313.// ENROLLEES IN THE JOB
CORPS SHALL NOT BE CONSIDERED FEDERAL EMPLOYEES AND SHALL NOT BE SUBJECT
TO THE PROVISIONS OF LAW RELATING TO FEDERAL EMPLOYMENT INCLUDING THOSE
REGARDING HOURS OF WORK, RATES OF COMPENSATION, LEAVE, UNEMPLOYMENT
COMPENSATION, AND FEDERAL EMPLOYEE BENEFITS:
(1) FOR PURPOSES OF THE INTERNAL REVENUE CODE OF 1954 (26 U.S.C. 1 ET
SEQ.) AND TITLE II OF THE SOCIAL SECURITY ACT (42 U.S.C. 401 ET SEQ.),
//68A STAT. 3. 70 STAT. 819.// ENROLLEES SHALL BE DEEMED EMPLOYEES OF
THE UNITED STATES AND ANY SERVICE PERFORMED BY AN INDIVIDUAL AS AN
ENROLLEE SHALL BE DEEMED TO BE PERFORMED IN THE EMPLOY OF THE UNITED
STATES.
(2) FOR PURPOSES OF SUBCHAPTER I OF CHAPTER 81 OF TITLE 5 OF THE
UNITED STATES CODE (RELATING TO COMPENSATION TO FEDERAL EMPLOYEES FOR
WORK INJURIES), //80 STAT. 532. 5 USC 8101.// ENROLLEES SHALL BE DEEMED
CIVIL EMPLOYEES OF THE UNITED STATES WITHIN THE MEANING OF THE TERM
"EMPLOYEE" AS DEFINED IN SECTION 8101 OF TITLE 5, UNITED STATES CODE,
AND THE PROVISIONS OF THAT SUBCHAPTER SHALL APPLY EXCEPT AS FOLLOWS:
(A) THE TERM "PERFORMANCE OF DUTY" SHALL NOT INCLUDE ANY ACT OF
AN ENROLLEE WHILE ABSENT FROM HIS OR HER ASSIGNED POST OF DUTY,
EXCEPT WHILE PARTICIPATING IN AN ACTIVITY (INCLUDING AN ACTIVITY
WHILE ON PASS OR DURING TRAVEL TO OR FROM SUCH POST OF DUTY)
AUTHORIZED BY OR UNDER THE DIRECTION AND SUPERVISSION OF THE JOB
CORPS;
(B) IN COMPUTING COMPENSATION BENEFITS FOR DISABILITY OR DEATH,
THE MONTHLY PAY OF AN ENROLLEE SHALL BE DEEMED THAT RECEIVED UNDER
THE ENTRANCE SALARY FOR A GRADE GS-2 EMPLOYEE, AND SECTIONS 8113
(A) AND (B) OF TITLE 5, UNITED STATES CODE, SHALL APPLY TO
ENROLLEES; AND //5 USC 5332 NOTE. 80 STAT. 540.//
(C) COMPENSATION FOR DISABILITY SHALL NOT BEGIN TO ACCRUE UNTIL
THE DAY FOLLOWING THE DATE ON WHICH THE INJURED ENROLLEE IS
TERMINATED.
(3) FOR PURPOSES OF THE FEDERAL TORT CLAIMS PROVISIONS IN TITLE 28,
UNITED STATES CODE, //62 STAT. 982. 28 USC 2671 ET SEQ.// ENROLLEES
SHALL BE CONSIDERED EMPLOYEES OF THE GOVERNMENT.
(B) WHENEVER THE SECRETARY FINDS A CLAIM FOR DAMAGE TO PERSONS OR
PROPERTY RESULTING FROM THE OPERATION OF THE JOB CORPS TO BE A PROPER
CHARGE AGAINST THE UNITED STATES, AND IT IS NOT COGNIZABLE UNDER SECTION
2672 OF TITLE 28, UNITED STATES CODE, //80 STAT. 306.// HE MAY ADJUST
AND SETTLE IT IN AN AMOUNT NOT EXCEEDING $500.
(C) PERSONNEL OF THE UNIFORMED SERVICES WHO ARE DETAILED OR ASSIGNED
TO DUTY IN THE PERFORMANCE OF AGREEMENTS MADE BY THE SECRETARY FOR THE
SUPPORT OF THE CORPS SHALL NOT BE COUNTED IN COMPUTING STRENGTH UNDER
ANY LAW LIMITING THE STRENGTH OF SUCH SERVICES OR IN COMPUTING THE
PERCENTAGE AUTHORIZED BY LAW FOR ANY GRADE THEREIN.
SEC. 417. (A) THE SECRETARY SHALL NOT USE ANY FUNDS MADE AVAILABLE
TO CARRY OUT THIS PART FOR THE FISCAL YEAR ENDING JUNE 30, 1968, IN A
MANNER THAT WILL INCREASE THE RESIDENTIAL CAPACITY OF JOB CORPS CENTERS
ABOVE FORTY-FIVE THOUSAND ENROLLEES.
(B) THE SECRETARY SHALL TAKE NECESSARY ACTION TO ASSURE THAT ON OR
BEFORE JUNE 30, 1968, OF THE TOTAL NUMBER OF JOB CORPS ENROLLEES
RECEIVING TRAINING AT LEAST 25 PER CENTUM SHALL BE WOMEN. THE SECRETARY
SHALL IMMEDIATELY TAKE STEPS TO ACHIEVE AN ENROLLMENT RATIO OF 50 PER
CENTUM WOMEN ENROLLEES IN TRAINING IN THE JOB CORPS CONSISTENT WITH (1)
EFFICIENCY AND ECONOMY IN THE OPERATION OF THE PROGRAM, (2) SOUND
ADMINISTRATIVE PRACTICE, AND (3) SOCIOECONOMIC, EDUCATIONAL, AND
TRAINING NEEDS OF THE POPULATION TO BE SERVED.
(C) THE SECRETARY SHALL TAKE NECESSARY ACTION TO ASSURE THAT FOR ANY
FISCAL YEAR THE DIRECT OPERATING COSTS OF JOB CORPS CENTERS WHICH HAVE
BEEN IN OPERATION FOR MORE THAN NINE MONTHS DOE NOT EXCEED $6,900 PER
ENROLLEE.
(D) THE SECRETARY SHALL TAKE NECESSARY ACTION TO ASSURE THAT ALL
STUDIES, EVALUATIONS, PROPOSALS, AND DATA PRODUCED OR DEVELOPED WITH
FEDERAL FUNDS IN THE COURSE OF THE OPERATION OF ANY CONSERVATION OR
TRAINING CENTER SHALL BECOME THE PROPERTY OF THE UNITED STATES.
SEC. 418. (A) NO OFFICER OR EMPLOYEE OF THE EXECUTIVE BRANCH OF THE
FEDERAL GOVERNMENT SHALL MAKE ANY INQUIRY CONCERNING THE POLITICAL
AFFILIATION OR BELIEFS OF ANY ENROLLEE OR APPLICANT FOR ENROLLMENT IN
THE CORPS. ALL DISCLOSURES CONCERNING SUCH MATTERS SHALL BE IGNORED,
EXCEPT AS TO SUCH MEMBERSHIP IN POLITICAL PARTIES OR ORGANIZATIONS AS
CONSTITUTES BY LAW A DISQUALIFICATION FOR GOVERNMENT EMPLOYMENT. NO
DISCRIMINATION SHALL BE EXERCISED, THREATENED, OR PROMISED BY ANY PERSON
IN THE EXECUTIVE BRANCH OF THE FEDERAL GOVERNMENT AGAINST OR IN FAVOR OF
AN ENROLLEE IN THE CORPS, OR ANY APPLICANT FOR ENROLLMENT IN THE CORPS
BECAUSE OF HIS POLITICAL AFFILIATION OR BELIEFS, EXCEPT AS MAY BE
SPECIFICALLY AUTHORIZED OR REQUIRED BY LAW.
(B) NO OFFICER, EMPLOYEE, OR ENROLLEE OF THE CORPS SHALL TAKE ANY
ACTIVE PART IN POLITICAL MANAGEMENT OR IN POLITICAL CAMPAIGNS, EXCEPT AS
MAY BE PROVIDED BY OR PURSUANT TO STATUTE, AND NO SUCH OFFICER,
EMPLOYEE, OR ENROLLEE SHALL USE HIS OFFICIAL POSITION OR INFLUENCE FOR
THE PURPOSE OF INTERFERING WITH AN ELECTION OR AFFECTING THE RESULT
THEREOF. ALL SUCH PERSONS SHALL RETAIN THE RIGHT TO VOTE AS THEY MAY
CHOOSE AND TO EXPRESS, IN THEIR PRIVATE CAPACITIES, THEIR OPINIONS ON
ALL POLITICAL SUBJECTS AND CANDIDATES. ANY OFFICER, EMPLOYEE, ENROLLEE,
OR OTHER FEDERAL EMPLOYEE WHO SOLICITS FUNDS FOR POLITICAL PURPOSES FROM
MEMBERS OF THE CORPS SHALL BE IN VIOLATION OF SECTION 602 OF TITLE 18,
UNITED STATES CODE. //62 STAT. 722.//
(C) WHEVER THE UNITED STATES CIVIL SERVICE COMMISSION FINDS THAT ANY
PERSON HAS VIOLATED THE PROVISIONS OF THIS SECTION, IT SHALL, AFTER
GIVING DUE NOTICE AND OPPORTUNITY FOR EXPLANATION TO THE OFFICER OR
EMPLOYEE OR ENROLLEE CONCERNED, CERTIFY THE FACTS TO THE SECRETARY WITH
SPECIFIC INSTRUCTIONS AS TO DISCIPLINE OR DISMISSAL OR OTHER CORRECTIVE
ACTIONS.
SEC. 419. (A) IN CARRYING OUT THE PROVISIONS OF THIS TITLE, THE
SECRETARY SHALL HAVE THE SAME POWERS AS THE DIRECTOR OF THE OFFICE OF
ECONOMIC OPPORTUNITY UNDER SECTION 602 OF THE ECONOMIC OPPORTUNITY ACT
OF 1964. //78 STAT. 528. 42 USC 2942.//
(B) THE PROVISIONS OF SECTION 603 OF THIS ACT SHALL APPLY TO THIS
TITLE ONLY TO THE EXTENT THAT SUCH PROVISIONS ARE CONSISTENT WITH THE
PROVISIONS OF THIS TITLE.
SEC. 501. (A) THE CONGRESS FINDS AND DECLARES THAT THE
RESPONSIBILITY FOR THE DEVELOPMENT, ADMINISTRATION, AND COORDINATION OF
PROGRAMS OF TRAINING AND MANPOWER DEVELOPMENT GENERALLY IS SO DIFFUSED
AND FRAGMENTED AT ALL LEVELS OF GOVERNMENT THAT IT HAS BEEN IMPOSSIBLE
TO DEVELOP RATIONAL PRIORITIES IN THESE FIELDS, WITH THE RESULT THAT
EVEN GOOD PROGRAMS HAVE PROVED TO BE FAR LESS EFFECTIVE THAN COULD
REASONABLY BE EXPECTED. THE CONGRESS FURTHER FINDS THAT THE LACK OF A
COHERENT, FLEXIBLE, NATIONAL MANPOWER POLICY REDUCES OUR PROSPECTS OF
SOLVING ECONOMIC AND SOCIAL PROBLEMS WHICH THREATEN FUNDAMENTAL NATIONAL
INTERESTS AND OBJECTIVES.
(B) ACCORDINGLY, THE PURPOSE OF THIS TITLE IS TO ESTABLISH A NATIONAL
COMMISSION FOR MANPOWER POLICY WHICH WILL HAVE THE RESPONSIBILITY FOR
EXAMINING THESE ISSUES, FOR SUGGESTING WAYS AND MEANS OF DEALING WITH
THEM, AND FOR ADVISING THE SECRETARY ON NATIONAL MANPOWER ISSUES.
SEC. 502. (A) THERE IS ESTABLISHED A NATIONAL COMMISSION FOR
MANPOWER POLICY (HEREINAFTER REFERRED TO AS THE "COMMISSION") WHICH
SHALL CONSIST OF SEVENTEEN MEMBERS SELECTED AS FOLLOWS --
(1) THE SECRETARY OF LABOR, THE SECRETARY OF HEALTH, EDUCATION,
AND WELFARE, THE SECRETARY OF DEFENSE, THE SECRETARY OF COMMERCE,
THE SECRETARY OF AGRICULTURE, AND THE ADMINISTRATOR OF THE
VETERANS' AFFAIRS; AND
(2) ELEVEN MEMBERS BROADLY REPRESENTATIVE OF THE LABOR,
INDUSTRY, COMMERCE, EDUCATION (INCLUDING VOCATIONAL AND TECHNICAL
EDUCATION), STATE AND LOCAL ELECTED OFFICIALS INVOLVED WITH
MANPOWER PROGRAMS, PERSONS SERVED BY MANPOWER PROGRAMS AND OF THE
GENERAL PUBLIC APPOINTED BY THE PRESIDENT.
(B) THE COMMISSION SHALL MEET AT THE CALL OF THE CHAIRMAN, WHO SHALL
BE SELECTED BY THE PRESIDENT AND WHO SHALL BE ONE OF THE TEN APPOINTED
PUBLIC MEMBERS, BUT NOT FEWER THAN THREE TIMES A YEAR.
(C) THE CHAIRMAN (WITH THE CONCURRENCE OF THE COMMISSION) SHALL
APPOINT A DIRECTOR, WHO SHALL BE THE CHIEF EXECUTIVE OFFICER OF THE
COMMISSION AND SHALL PERFORM SUCH DUTIES AS ARE PRESCRIBED BY THE
CHAIRMAN. THE DIRECTOR MAY APPOINT, WITH THE CONCURRENCE OF THE
CHAIRMAN AND THE SECRETARY OF LABOR, SUCH CLERICAL STAFF AS ARE
NECESSARY. THE COMMISSION MAY UTILIZE SUCH STAFF FROM THE DEPARTMENT OF
LABOR, THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE, AND SUCH OTHER
FEDERAL AGENCIES AS MAY BE AVAILABLE TO ASSIST THE COMMISSION IN
CARRYING OUT ITS RESPONSIBILITIES.
(D) THE COMMISSION MAY ACCEPT IN THE NAME OF THE DEPARTMENT OF LABOR
AND EMPLOY OR DISPOSE OF GIFTS OR BEQUESTS, TO CARRY OUT ITS
RESPONSIBILITIES UNDER THIS TITLE.
(E) MEMBERS OF THE COMMISSION WHO ARE NOT OFFICERS OR EMPLOYEES OF
THE FEDERAL GOVERNMENT SHALL BE PAID COMPENSATION AT A RATE OF UP TO THE
PER DIEM EQUIVALENT OF THE RATE FOR GS-18 WHEN ENGAGED IN THE WORK OF
THE COMMISSION, INCLUDING TRAVELTIME, AND SHALL BE ALLOWED TRAVEL
EXPENSES AND PER DIEM IN LIEU OF SUBSISTENCE AS AUTHORIZED BY LAW (5 U.
S.C. 5703) FOR PERSONS IN THE GOVERNMENT SERVICE EMPLOYED INTERMITTENTLY
AND RECEIVING COMPENSATION ON A PER DIEM, WHEN ACTUALLY EMPLOYED, BASIS.
//5 USC 5332 NOTE. 80 STAT. 499; 83 STAT. 190.//
SEC. 503. THE COMMISSION SHALL--
(1) IDENTIFY THE MANPOWER GOALS AND NEEDS OF THE NATION AND
ASSESS THE EXTENT TO WHICH EMPLOYMENT AND TRAINING, VOCATIONAL
EDUCATION, INSTITUTIONAL TRAINING, VOCATIONAL REHABILITATION,
ECONOMIC OPPORTUNITY, AND OTHER PROGRAMS UNDER THIS AND RELATED
ACTS REPRESENT A CONSISTENT, INTEGRATED, AND COORDINATED APPROACH
TO MEETING SUCH NEEDS AND ACHIEVING SUCH GOALS;
(2) CONDUCT SUCH STUDIES, HEARINGS, RESEARCH, OR OTHER
ACTIVITIES AS IT DEEMS NECESSARY TO ENABLE IT TO FORMULATE
APPROPRIATE RECOMMENDATIONS;
(3) EXAMINE AND EVALUATE THE EFFECTIVENESS OF ANY FEDERALLY
ASSISTED MANPOWER DEVELOPMENT PROGRAMS (INCLUDING THOSE ASSISTED
UNDER THIS ACT), WITH PARTICULAR REFERENCE TO THE CONTRIBUTIONS OF
SUCH PROGRAMS TO THE ACHIEVEMENT OF OBJECTIVES SOUGHT BY THE
RECOMMENDATIONS UNDER CLAUSE (2) OF THIS SECTION;
EXAMINE AND EVALUATE MAJOR FEDERAL PROGRAMS WHICH ARE INTENDED
TO (OR POTENTIALLY COULD) CONTRIBUTE TO ACHIEVING MAJOR OBJECTIVES
OF EXISTING MANPOWER AND RELATED LEGISLATION OR THOSE SET FORTH IN
THE RECOMMENDATIONS OF THE COMMISSION AND PARTICULARLY THE
PROGRAMS WHICH ARE DESIGNED (OR COULD BE DESIGNED) TO DEVELOP
INFORMATION AND KNOWLEDGE ABOUT MANPOWER PROBLEMS THROUGH RESEARCH
AND DEMONSTRATION PROJECTS OR TO TRAIN PERSONNEL IN FIELDS (SUCH
AS OCCUPATIONAL COUNSELING, GUIDANCE, AND PLACEMENT) WHICH ARE
VITAL TO THE SUCCESS OF MANPOWER PROGRAMS; AND
(5) EVALUATE AND MAKE RECOMMENDATIONS TO THE CONGRESS WITH
RESPECT TO THE REPORT OF THE SECRETARY REQUIRED UNDER SECTION 506,
AND CONTINUE TO MAKE STUDIES OF THE IMPACT OF ENERGY SHORTAGES
UPON MANPOWER NEEDS AND INCLUDE THESE FINDINGS AND RECOMMENDATIONS
WITH RESPECT THERETO IN THE REPORTS REQUIRED BY SECTION 505.
SEC. 504. THE COMMISSION SHALL CONDUCT A STUDY OF THE UTILIZATION
AND INTERRELATION OF PROGRAMS OF MANPOWER TRAINING WITH CLOSELY
ASSOCIATED PROGRAMS SUCH AS THOSE CONDUCTED UNDER THE WAGNER-PEYSER ACT,
//POST, P. 877.// THE WORK INCENTIVES PROGRAM UNDER PART C OF TITLE IV
OF THE SOCIAL SECURITY ACT, //81 STAT. 884; 85 STAT. 805. 42 USC 630.//
AND OTHERS OF SIMILAR NATURE, WITH A VIEW TO DETERMINING HOW THEY COULD
BE BETTER COORDINATED AND MORE EFFECTIVELY COMBINED TO SERVE
INDIVIDUALS, PARTICULARLY AT THE STATE AND LOCAL LEVELS, AND SHALL MAKE
A REPORT OF THEIR FINDINGS AND RECOMMENDATIONS TO THE PRESIDENT AND THE
CONGRESS NOT LATER THAN JANUARY 31, 1975.
SEC. 505. THE COMMISSION SHALL MAKE AT LEAST ANNUALLY A REPORT OF
ITS FINDINGS AND RECOMMENDATIONS TO THE PRESIDENT AND THE CONGRESS, AND
THE FIRST SUCH REPORT SHALL BE TRANSMITTED NOT LATER THAN SEPTEMBER 1,
1974. THE COMMISSION MAY MAKE SUCH INTERIM REPORTS OR RECOMMENDATIONS
TO THE SECRETARY OF LABOR OR TO THE HEADS OF OTHER FEDERAL DEPARTMENTS
AND AGENCIES, AND IN SUCH FORM, AS IT MAY DEEM DESIRABLE.
SEC. 506. THE SECRETARY SHALL, IMMEDIATELY UPON ENACTMENT OF THIS
ACT, MAKE A STUDY OF THE IMPACT OF ENERGY SHORTAGES, INCLUDING FUEL
RATIONING, UPON MANPOWER NEEDS. THE SECRETARY SHALL MAKE A REPORT OF
HIS FINDINGS AND RECOMMENDATIONS THEREON TO THE CONGRESS AND TO THE
COMMISSION NOT LATER THAN MARCH 31, 1974.
SEC. 601. (A) AS USED IN THIS ACT, THE TERM--
(1) COMMUNITY-BASED ORGANIZATIONS" MEANS ORGANIZATIONS WHICH
ARE REPRESENTATIVE OF COMMUNITIES OR SIGNIFICANT SEGMENTS OF THE
COMMUNITIES AND WHICH PROVIDE MANPOWER SERVICES (FOR EXAMPLE,
OPPORTUNITIES INDUSTRIALIZATION CENTERS, JOBS FOR PROGRESS,
MAINSTREAM, AND COMMUNITY ACTION AGENCIES).
(2) "GOVERNOR" MEANS THE CHIEF EXECUTIVE OF ANY STATE.
(3) "HEALTH CARE" INCLUDES, BUT IS NOT LIMITED TO, PREVENTIVE
AND CLINICAL MEDICAL TREATMENT, FAMILY PLANNING SERVICES,
NUTRITION SERVICES, AND APPROPRIATE PSYCHIATRIC PSYCHOLOGICAL, AND
PROSTHETIC SERVICES, TO THE EXTENT ANY SUCH TREATMENT OR SERVICES
ARE NECESSARY TO ENABLE THE RECIPIENT OF MANPOWER SERVICES TO
OBTAIN OR RETAIN EMPLOYMENT.
(4) "LOW-INCOME LEVEL" MEANS $7,000 WITH RESPECT TO INCOME IN
1969, AND FOR ANY LATER YEAR MEANS THAT AMOUNT WHICH BEARS THE
SAME RELATIONSHIP TO $7,000 AS THE CONSUMER PRICE INDEX FOR 1969,
ROUNDED TO THE NEAREST $1,000.
(5) "MANPOWER ALLOTMENT" MEANS SUMS RECEIVED BY A STATE OR AREA
UNDER TITLE I OF THIS ACT FOR ANY FISCAL YEAR (OR, WHERE
APPLICABLE, UNDER TITLE II OF THE MANPOWER DEVELOPMENT AND
TRAINING ACT OF 1962, AND PART B OF TITLE I OF THE ECONOMIC
OPPORTUNITY ACT OF 1964). //42 USC
2581. 42 USC 2737.//
(6) "OFFENDER" MEANS ANY ADULT OR JUVENILE WHO IS CONFINED IN
ANY TYPE OF CORRECTIONAL INSTITUTION AND ALSO INCLUDES ANY
INDIVIDUAL OR JUVENILE ASSIGNED TO A COMMUNITY BASED FACILITY OR
SUBJECT TO PRETRIAL, PROBATIONARY, OR PAROLE OR OTHER STAGES OF
THE JUDICIAL CORRECTIONAL OR PROBATIONARY PROCESS WHERE MANPOWER
TRAINING AND SERVICES MAY BE BENEFICIAL, AS DETERMINED BY THE
SECRETARY, AFTER CONSULTATION WITH JUDICIAL, CORRECTIONAL,
PROBATIONARY, OR OTHER APPROPRIATE AUTHORITIES.
(7) "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, VETERANS OUTREACH, AND
OTHER FIELDS OF HUMAN BETTERMENT AND COMMUNITY IMPROVEMENT.
(8) "SECRETARY" MEANS THE SECRETARY OF LABOR.
"(9) "STATE" INCLUDES THE DISTRICT OF COLUMBIA, THE
COMMONWEALTH OF PUERTO RICO, THE VIRGIN ISLANDS, GUAM, AMERICAN
SAMOA, AND THE TRUST TERRITORY OF THE PACIFIC ISLANDS.
(10) "UNIT OF GENERAL LOCAL GOVERNMENT" MEANS ANY CITY,
MUNICIPALITY, COUNTY, TOWN, TOWNSHIP, PARISH, VILLAGE OR OTHER
GENERAL PURPOSE POLITICAL SUBDIVISION WHICH HAS THE POWER TO LEVY
TAXES AND SPEND FUNDS, AS WELL AS GENERAL CORPORATE AND POLICE
POWERS.
(11) "UNDEREMPLOYED PERSONS" MEANS--
(A) PERSONS WHO ARE WORKING PART-TIME BUT SEEKING FULL-TIME
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.
(12) "UNEMPLOYED PERSONS" MEANS--
(A) PERSONS WHO ARE WITHOUT JOBS AND WHO WANT AND ARE AVAILABLE
FOR WORK; AND
(B) EXCEPT FOR PURPOSES OF SECTIONS 103 AND 202, ADULTS WHO OR
WHOSE FAMILIES RECEIVE SUPPLEMENTAL SECURITY INCOME OR MONEY
PAYMENTS PURSUANT TO A STATE PLAN APPROVED UNDER TITLE I, IV, X,
OR XVI OF THE SOCIAL SECURITY ACT OR WOULD, AS DEFINED IN
REGULATIONS TO BE ISSUED BY THE SECRETARY, //42 USC 301, 601,
1201, 1381.// BE ELIGIBLE FOR SUCH PAYMENTS BUT FOR THE FACT THAT
BOTH PARENTS ARE PRESENT IN THE HOME (1) WHO ARE DETERMINED BY 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, BUT SUCH CRITERIA SHALL NOT BE APPLIED DIFFERENTLY ON
ACCOUNT OF A PERSON'S PREVIOUS EMPLOYMENT.
(13) "WAGNER-PEYSER ACT" MEANS "AN ACT TO PROVIDE FOR THE
ESTABLISHMENT OF A NATIONAL EMPLOYMENT SYSTEM AND FOR COOPERATION
WITH THE STATES IN THE PROMOTION OF SUCH SYSTEM, AND FOR OTHER
PURPOSES", APPROVED JUNE 6, 1933 (48 STAT. 113), AS AMENDED (29
U.S.C. 49 ET SEQ.).
(B) AS USED IN SECTION 208 (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
(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.
SEC. 602. (A) THE SECRETARY MAY, IN ACCORDANCE WITH CHAPTER 5 OF
TITLE 5, UNITED STATES CODE, //5 USC 500.// PRESCRIBE SUCH RULES,
REGULATIONS, GUIDELINES, AND OTHER PUBLISHED INTERPRETATIONS UNDER THIS
ACT AS HE DEEMS NECESSARY. RULES, REGULATIONS, GUIDELINES AND OTHER
PUBLISHED INTERPRETATIONS OR ORDERS MAY INCLUDE ADJUSTMENTS AUTHORIZED
BY SECTION 204 OF THE INTERGOVERNMENTAL COOPERATION ACT OF 1968. //82
STAT. 1101. 42 USC 4214.// FOR PURPOSES OF CHAPTER 5 OF SUCH TITLE ANY
CONDITION OR GUIDELINE FOR RECEIPT OF FINANCIAL ASSISTANCE SHALL BE
DEEMED A RULE TO WHICH SECTION 553 APPLIES. ALL SUCH RULES,
REGULATIONS, GUIDELINES, AND OTHER PUBLISHED INTERPRETATIONS OR ORDERS
UNDER THIS ACT SHALL BE PUBLISHED IN THE FEDERAL REGISTER AT LEAST
THIRTY DAYS PRIOR TO THEIR EFFECTIVE DATE. COPIES OF ALL SUCH RULES,
REGULATIONS, GUIDELINES, AND OTHER PUBLISHED INTERPRETATIONS OR ORDERS
SHALL BE TRANSMITTED TO THE APPROPRIATE COMMITTEES OF THE CONGRESS AT
THE SAME TIME AND SHALL CONTAIN WITH RESPECT TO EACH MATERIAL PROVISION
OF SUCH RULES, REGULATIONS, GUIDELINES, AND OTHER PUBLISHED
INTERPRETATIONS OR ORDERS, CITATIONS TO THE PARTICULAR SUBSTANTIVE
SECTION OF LAW WHICH IS THE BASIS THEREFOR.
(B) THE SECRETARY MAY MAKE SUCH GRANTS, CONTRACTS, OR AGREEMENTS,
ESTABLISH SUCH PROCEDURES (SUBJECT TO SUCH POLICIES, RULES, AND
REGULATIONS AS HE MAY PRESCRIBE), 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 (WITHOUT
REGARD TO THE PROVISIONS OF SECTION 4774 (D) OF TITLE 10, UNITED STATES
CODE) //70A STAT. 269.// EXPENDITURES FOR CONSTRUCTION, REPAIRS, AND
CAPITAL IMPROVEMENTS, AND INCLUDING NECESSARY ADJUSTMENTS IN PAYMENTS ON
ACCOUNT OF OVERPAYMENTS OR UNDERPAYMENTS. THE SECRETARY MAY ALSO
WITHHOLD FUNDS OTHERWISE PAYABLE UNDER THIS ACT, BUT ONLY IN ORDER TO
RECOVER ANY AMOUNTS EXPENDED IN THE CURRENT OR IMMEDIATELY PRIOR TO
FISCAL YEAR IN VIOLATION OF ANY PROVISION OF THIS ACT OR ANY TERM OR
CONDITION OF ASSISTANCE UNDER THIS ACT.
SEC. 603. THE SECRETARY SHALL NOT PROVIDE FINANCIAL ASSISTANCE FOR
ANY PROGRAM UNDER THIS ACT UNLESS--
(1) 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 BELIEFS;
(2) SUCH PROGRAM DOES NOT INVOLVE POLITICAL ACTIVITIES;
(3) 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;
(4) CONDITIONS OF EMPLOYMENT OR TRAINING WILL BE APPROPRIATE
AND REASONABLE IN THE LIGHT OF SUCH FACTORS AS THE TYPE OF WORK,
GEOGRAPHICAL REGION, AND PROFICIENCY OF THE PARTICIPANT;
(5) APPROPRIATE STANDARDS FOR THE HEALTH, SAFETY, AND OTHER
CONDITIONS APPLICABLE TO THE PERFORMANCE OF WORK AND TRAINING ON
ANY PROJECT ARE ESTABLISHED AND WILL BE MAINTAINED;
(6) APPROPRIATE WORKMEN'S COMPENSATION PROTECTION WILL BE
PROVIDED TO ALL PARTICIPANTS;
(7) THE PROGRAM WILL NOT RESULT IN THE DISPLACEMENT OF EMPLOYED
WORKERS OR IMPAIR EXISTING CONTRACTS FOR SERVICES OR RESULT IN THE
SUBSTITUTION OF FEDERAL FOR OTHER FUNDS IN CONNECTION WITH WORK
THAT WOULD OTHERWISE BE PERFORMED;
(8) PERSONS SHALL NOT BE REFERRED FOR TRAINING IN AN OCCUPATION
WHICH REQUIRES LESS THAN TWO WEEKS OF PREEMPLOYMENT TRAINING
UNLESS THERE ARE IMMEDIATE EMPLOYMENT OPPORTUNITIES AVAILABLE IN
THAT OCCUPATION;
(9) TRAINING AND RELATED SERVICES UNDER ANY SUCH PROGRAM ARE
DESIGNED, TO THE MAXIMUM EXTENT PRACTICABLE, CONSISTENT WITH EVERY
INDIVIDUAL'S FULLEST CAPABILITIES, TO LEAD TO EMPLOYMENT
OPPORTUNITIES ENABLING PARTICIPANTS TO BECOME ECONOMICALLY
SELF-SUFFICIENT;
(10) NO PERSON SHALL BE REFERRED FOR TRAINING AUTHORIZED UNDER
PARAGRAPH (3) OR (4) OF SECTION 101 UNLESS THE SECRETARY OR THE
PRIME SPONSOR, AS APPROPRIATE, SHALL HAVE DETERMINED THAT THERE IS
A REASONABLE EXPECTATION OF EMPLOYMENT FOR SUCH PERSON IN THE
OCCUPATION FOR WHICH HE IS BEING TRAINED;
(11) FUNDS WILL BE USED TO SUPPLEMENT, TO THE EXTENT
PRACTICABLE, THE LEVEL OF FUNDS THAT WOULD OTHERWISE BE MADE
AVAILABLE FROM NON-FEDERAL SOURCES FOR THE PURPOSE OF PLANNING AND
ADMINISTRATION OF PROGRAMS WITHIN THE SCOPE OF THIS ACT AND NOT TO
SUPPLANT SUCH OTHER FUNDS;
(12) THE APPLICANT WILL MAKE SUCH REPORTS, IN SUCH FORM AND
CONTAINING SUCH INFORMATION AS THE SECRETARY MAY FROM TIME TO TIME
REQUIRE, AND WILL KEEP SUCH RECORDS AND AFFORD SUCH ACCESS THERETO
AS THE SECRETARY MAY FIND NECESSARY TO ASSURE THAT FUNDS ARE BEING
EXPENDED IN ACCORDANCE WITH THE PROVISIONS OF THIS ACT;
(13) THE PROGRAM WILL, TO THE MAXIMUM EXTENT FEASIBLE,
CONTRIBUTE TO THE OCCUPATIONAL DEVELOPMENT OR UPWARD MOBILITY OF
INDIVIDUAL PARTICIPANTS;
(14) THE PROGRAM HAS ADEQUATE INTERNAL ADMINISTRATIVE CONTROLS,
ACCOUNTING REQUIREMENTS, PERSONNEL STANDARDS, EVALUATION
PROCEDURES, AVAILABILITY OF INSERVICE TRAINING AND TECHNICAL
ASSISTANCE PROGRAMS, AND OTHER POLICIES AS MAY BE NECESSARY TO
PROMOTE THE EFFECTIVE USE OF FUNDS; AND
(15) THE PROGRAM MAKES APPROPRIATE PROVISION FOR THE MANPOWER
NEEDS OF YOUTHS IN THE AREA TO BE SERVED.
SEC. 604. (A) NO AUTHORITY CONFERRED BY THIS ACT SHALL BE USED TO
ENTER INTO ARRANGEMENTS FOR, OR OTHERWISE ESTABLISH, ANY TRAINING
PROGRAMS IN THE LOWER WAGE INDUSTRIES IN JOBS WHERE PRIOR SKILL OR
TRAINING IS TYPICALLY NOT A PREREQUISITE TO HIRING AND WHERE LABOR
TURNOVER IS HIGH, OR TO ASSIST IN RELOCATING ESTABLISHMENTS FROM ONE
AREA TO ANOTHER. SUCH LIMITATIONS ON RELOCATION SHALL NOT PROHIBIT
ASSISTANCE TO A BUSINESS ENTITY IN THE ESTABLISHMENT OF A NEW BRANCH,
AFFILIATE, OR SUBSIDIARY OF SUCH ENTITY IF THE SECRETARY OF LABOR FINDS
THAT ASSISTANCE WILL NOT RESULT IN AN INCREASE IN UNEMPLOYMENT IN THE
AREA OF ORIGINAL LOCATION OR IN ANY OTHER AREA WHERE SUCH ENTITY
CONDUCTS BUSINESS OPERATIONS, UNLESS HE HAS REASON TO BELIEVE THAT SUCH
BRANCH, AFFILIATE, OR SUBSIDIARY IS BEING ESTABLISHED WITH THE INTENTION
OF CLOSING DOWN THE OPERATIONS OF THE EXISTING BUSINESS ENTITY IN THE
AREA OF ITS ORIGINAL LOCATION OR IN ANY OTHER AREA WHERE IT CONDUCTS
SUCH OPERATIONS.
(B) ACCEPTANCE OF FAMILY PLANNING SERVICES PROVIDED TO TRAINEES SHALL
BE VOLUNTARY ON THE PART OF THE INDIVIDUAL TO WHOM SUCH SERVICES ARE
OFFERED AND SHALL NOT BE A PREREQUISITE TO ELIGIBILITY FOR OR RECEIPT OF
ANY BENEFIT UNDER THE PROGRAM.
(C) NO NON-GOVERNMENTAL INDIVIDUAL, INSTITUTION, OR ORGANIZATION
SHALL EVALUATE ANY PROGRAM UNDER THIS ACT IF THAT INDIVIDUAL OR SUCH
INSTITUTION OR ORGANIZATION IS ASSOCIATED WITH THAT PROGRAM AS A
CONSULTANT, TECHNICAL ADVISER, OR IN ANY SIMILAR CAPACITY.
SEC. 605. (A) THE SECRETARY SHALL MAKE SUCH REPORTS AND
RECOMMENDATIONS TO THE PRESIDENT AS HE DEEMS APPROPRIATE PERTAINING TO
EMPLOYMENT AND OCCUPATIONAL REQUIREMENTS, RESOURCES, USE, AND TRAINING,
AND HIS RECOMMENDATIONS FOR THE SUCCEEDING FISCAL YEAR, AND THE
PRESIDENT SHALL TRANSMIT TO THE CONGRESS WITHIN SIXTY DAYS AFTER THE
BEGINNING OF EACH REGULAR SESSION A REPORT PERTAINING TO MANPOWER
REQUIREMENTS, RESOURCES, UTILIZATION, AND TRAINING.
(B) THE SECRETARY AND THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE
SHALL REPORT TO THE CONGRESS ON THE EXTENT TO WHICH COMMUNITY COLLEGES,
AREA VOCATIONAL AND TECHNICAL SCHOOLS AND OTHER VOCATIONAL EDUCATIONAL
AGENCIES AND INSTITUTIONS, AND VOCATIONAL REHABILITATION AGENCIES ARE
BEING UTILIZED TO CARRY OUT TRAINING PROGRAMS SUPPORTED IN WHOLE OR IN
PART FROM PROVISIONS OF THIS AND RELATED ACTS, THE EXTENT TO WHICH
ADMINISTRATIVE STEPS HAVE BEEN TAKEN AND ARE BEING TAKEN TO ENCOURAGE
THE USE OF SUCH FACILITIES AND INSTITUTIONS AND AGENCIES IN THE CARRYING
OUT OF THE PROVISIONS OF THIS ACT AND ANY FURTHER LEGISLATION THAT MAY
BE REQUIRED TO ASSURE EFFECTIVE COORDINATION AND UTILIZATION OF SUCH
FACILITIES AND AGENCIES TO THE END THAT ALL FEDERALLY SUPPORTED
EMPLOYMENT AND TRAINING, VOCATIONAL EDUCATION, AND VOCATIONAL
REHABILITATION PROGRAMS CAN MORE EFFECTIVELY ACCOMPLISH THEIR OBJECTIVES
OF PROVIDING EMPLOYMENT AND TRAINING OPPORTUNITIES TO ALL PERSONS
NEEDING OCCUPATIONAL TRAINING.
(C) THE SECRETARY SHALL TRANSMIT TO THE CONGRESS AT THE EARLIEST
APPROPRIATE DATE, BUT NOT LATER THAN MARCH 1, OF EACH CALENDAR YEAR A
REPORT SETTING FORTH A DESCRIPTION OF SUMMER PROGRAMS PROVIDING JOBS FOR
ECONOMICALLY DISADVANTAGED YOUTH TO BEGIN IN JUNE OF SUCH YEAR,
INCLUDING THE NUMBER OF OPPORTUNITIES IN PUBLIC AND PRIVATE AGENCIES OR
ORGANIZATIONS THAT WILL BE PROVIDED UNDER SECTION 304 (A) (3) OF THIS
ACT OR IN THE CASE OF THE SUMMER OF 1974 UNDER SECTION 3 (AC), AND A
STATEMENT AS TO THE TOTAL NUMBER OF SUCH PERSONS WHO WOULD BE ELIGIBLE
FOR SUCH PROGRAMS, TOGETHER WITH HIS RECOMMENDATIONS, IF ANY, FOR
SUPPLEMENTAL APPROPRIATIONS FOR SUCH PROGRAMS.
(D) THE SECRETARY, THROUGH THE BUREAU OF LABOR STATISTICS, SHALL
ANNUALLY COMPILE AND MAINTAIN INFORMATION ON THE INCIDENCE OF
UNEMPLOYMENT AMONG OFFENDERS AND SHALL PUBLISH THE RESULTS OF THE
INFORMATION OBTAINED PURSUANT TO THIS SUBSECTION IN THE REPORT REQUIRED
UNDER SUBSECTION (A) OF THIS SECTION.
(E) THE CHAIRMAN OF THE UNITED STATES CIVIL SERVICE COMMISSION, IN
CONSULTATION WITH THE SECRETARY, SHALL REPORT TO THE PRESIDENT AND TO
THE CONGRESS NO LATER THAN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS
ACT ON THE EXTENT TO WHICH AND MANNER IN WHICH EMPLOYMENT OPPORTUNITIES
FOR OFFENDERS MAY BE INCREASED IN THE FEDERAL SERVICE, WITH SPECIAL
REFERENCE TO THE CRITERIA USED IN DETERMINING THE SUITABILITY OF
OFFENDERS FOR FEDERAL EMPLOYMENT, INCLUDING SUCH RECOMMENDATIONS FOR
ADDITIONAL LEGISLATION AS THEY DEEM ADVISABLE.
(F) EACH PRIME SPONSOR SHALL PREPARE FOR THE SECRETARY, AND MAKE
AVAILABLE, TO THE PUBLIC, A REPORT ON ITS ACTIVITIES UNDER THE ACT,
INCLUDING A DETAILED COMPARISON OF PROGRAM PERFORMANCE WITH APPROVED
PLAN.
SEC. 606. ALL LABORERS AND MECHANICS EMPLOYED BY CONTRACTORS OR
SUBCONTRACTORS IN ANY CONSTRUCTION, ALTERATION, OR REPAIR, INCLUDING
PAINTING AND DECORATING OF PROJECTS, BUILDINGS, AND WORKS WHICH ARE
FEDERALLY ASSISTED UNDER THIS ACT, SHALL BE PAID WAGES AT RATES NOT LESS
THAN THOSE PREVAILING ON SIMILAR CONSTRUCTION IN THE LOCALITY AS
DETERMINED BY THE SECRETARY IN ACCORDANCE WITH THE DAVIS-BACON ACT, AS
AMENDED (40 U.S.C. 276A - 276A - 5). //49 STAT. 1011; 85 STAT. 879.//
THE SECRETARY SHALL HAVE, WITH RESPECT TO SUCH LABOR STANDARDS, THE
AUTHORITY AND FUNCTIONS SET FORTH IN REORGANIZATION PLAN NUMBERED 14 OF
1950 (15 F.R. 3176; 64 STAT. 1267) AND SECTION 2 OF THE ACT OF JUNE 1,
1934, AS AMENDED (48 STAT. 948, AS AMENDED; 40 U.S.C. 276 (C)). //5
USC APP.//
SEC. 607. THE SECRETARY IS AUTHORIZED, IN CARRYING OUT HIS FUNCTIONS
AND RESPONSIBILITIES UNDER THIS ACT, TO ACCEPT IN THE NAME OF THE
DEPARTMENT, AND EMPLOY OR DISPOSE OF IN FURTHERANCE OF THE PURPOSES OF
THIS ACT, OR ANY TITLE THEREOF, AN UNCONDITIONAL GIFT OF ANY MONEY OR
PROPERTY, REAL, PERSONAL, OR MIXED, TANGIBLE OR INTANGIBLE, RECEIVED BY
GIFT, DEVISE, BEQUEST, OR OTHERWISE; AND TO ACCEPT VOLUNTARY AND
UNCOMPENSATED SERVICES, NOTWITHSTANDING THE PROVISIONS OF SECTION 3679
(B) OF THE REVISED STATUTES OF THE UNITED STATES. //31 USC 665.//
SEC. 608. (A) IN ADDITION TO SUCH OTHER AUTHORITY AS HE MAY HAVE,
THE SECRETARY IS AUTHORIZED, IN THE PERFORMANCE OF HIS FUNCTIONS UNDER
THIS ACT, AND TO THE EXTENT PERMITTED BY LAW, TO UTILIZE THE SERVICES
AND FACILITIES OF DEPARTMENTS, AGENCIES, AND ESTABLISHMENTS OF THE
UNITED STATES. THE SECRETARY IS ALSO AUTHORIZED TO ACCEPT AND UTILIZE
THE SERVICES AND FACILITIES OF THE AGENCIES OF ANY STATE OR POLITICAL
SUBDIVISION OF A STATE, WITH THEIR CONSENT.
(B) THE SECRETARY SHALL CARRY OUT HIS RESPONSIBILITIES UNDER THIS ACT
THROUGH THE UTILIZATION, TO THE EXTENT APPROPRIATE, OF ALL RESOURCES FOR
SKILL DEVELOPMENT AVAILABLE IN INDUSTRY, LABOR, PUBLIC AND PRIVATE
EDUCATIONAL AND TRAINING INSTITUTIONS, VOCATIONAL REHABILITATION
AGENCIES, AND OTHER STATE, FEDERAL, AND LOCAL AGENCIES, AND OTHER
APPROPRIATE PUBLIC AND PRIVATE ORGANIZATIONS AND FACILITIES, WITH THEIR
CONSENT.
SEC. 609. IN THE EVENT THAT COMPLIANCE WITH PROVISIONS OF THIS ACT
WOULD BE ENHANCED BY COOPERATIVE AGREEMENTS BETWEEN STATES, THE CONSENT
OF CONGRESS IS HEREBY GIVEN TO SUCH STATES TO ENTER INTO SUCH COMPACTS
AND AGREEMENTS TO FACILITATE SUCH COMPLIANCE, SUBJECT TO THE APPROVAL OF
THE SECRETARY.
SEC. 610. 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. //5 USC 1501.//
SEC. 611. (A) CHAPTER 31 OF TITLE 18, UNITED STATES CODE, IS AMENDED
BY ADDING A NEW SECTION 665 TO READ AS FOLLOWS: //18 USC 664.//
INDUCEMENT
"SEC. 665. (A) WHOEVER, BEING AN OFFICER, DIRECTOR, AGENT, OR
EMPLOYEE OF, OR CONNECTED IN ANY CAPACITY WITH, ANY AGENCY RECEIVING
FINANCIAL ASSISTANCE UNDER THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT
OF 1973 EMBEZZLES, WILLFULLY MISAPPLIES, STEALS, OR OBTAINS BY FRAUD ANY
OF THE MONEYS, FUNDS, ASSETS, OR PROPERTY WHICH ARE THE SUBJECT OF A
GRANT OR CONTRACT OF ASSISTANCE PURSUANT TO THIS ACT SHALL BE FINED NOT
MORE THAN $10,000 OR IMPRISONED FOR NOT MORE THAN TWO YEARS, OR BOTH;
//ANTE, P. 839.// BUT IF THE AMOUNT SO EMBEZZLED, MISAPPLIED, STOLEN, OR
OBTAINED BY FRAUD DOES NOT EXCEED $100, HE SHALL BE FINED NOT MORE THAN
$1,000, OR IMPRISONED NOT MORE THAN ONE YEAR, OR BOTH.
"(B) WHOEVER, BY THREAT OF PROCURING DISMISSAL OF ANY PERSONS FROM
EMPLOYMENT OR OF REFUSAL TO EMPLOY OR REFUSAL TO RENEW A CONTRACT OF
EMPLOYMENT IN CONNECTION WITH A GRANT OR CONTRACT OF ASSISTANCE UNDER
THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF 1973, INDUCES ANY
PERSON TO GIVE UP ANY MONEY OR THING OF ANY VALUE TO ANY PERSON
(INCLUDING SUCH GRANTEE AGENCY) SHALL BE FINED NOT MORE THAN $1,000, OR
IMPRISONED NOT MORE THAN ONE YEAR, OR BOTH."
(B) THE ANALYSIS OF CHAPTER 31 IS AMENDED BY ADDING AT THE END
THEREOF THE FOLLOWING NEW ITEM:
"665. THEFT OR EMBEZZLEMENT FROM MANPOWER FUNDS; IMPROPER
INDUCEMENT."
SEC. 612. (A) NO PERSON IN THE UNITED STATES SHALL ON THE GROUND OF
RACE, COLOR, NATIONAL ORIGIN, OR SEX BE EXCLUDED FROM PARTICIPATION IN,
BE DENIED THE BENEFITS OF, OR BE SUBJECTED TO DISCRIMINATION UNDER ANY
PROGRAM OR ACTIVITY FUNDED IN WHOLE OR IN PART WITH FUNDS MADE AVAILABLE
UNDER THIS ACT.
(B) WHENEVER THE SECRETARY DETERMINES THAT A PRIME SPONSOR OR
ELIGIBLE APPLICANT HAS FAILED TO COMPLY WITH SUBSECTION (A) OR AN
APPLICABLE REGULATION, HE SHALL NOTIFY THE PRIME SPONSOR OR ELIGIBLE
APPLICANT OF THE NONCOMPLIANCE AND SHALL REQUEST THE PRIME SPONSOR OR
ELIGIBLE APPLICANT TO SECURE COMPLIANCE. IF WITHIN A REASONABLE PERIOD
OF TIME, NOT TO EXCEED SIXTY DAYS, THE PRIME SPONSOR OR ELIGIBLE
APPLICANT FAILS OR REFUSES TO SECURE COMPLIANCE, THE SECRETARY, IN
ADDITION TO EXERCISING THE POWERS AND FUNCTIONS PROVIDED FOR THE
TERMINATION OF FINANCIAL ASSISTANCE UNDER THIS ACT, IS AUTHORIZED (1) TO
REFER THE MATTER TO THE ATTORNEY GENERAL WITH A RECOMMENDATION THAT AN
APPROPRIATE CIVIL ACTION BE INSTITUTED; (2) TO EXERCISE THE POWERS AND
FUNCTIONS PROVIDED BY TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 (42
U.S.C. 2000D); //78 STAT. 252.// OR (3) TO TAKE SUCH OTHER ACTION AS
MAY BE PROVIDED BY LAW.
(C) WHEN A MATTER IS REFERRED TO THE ATTORNEY GENERAL PURSUANT TO
SUBSECTION (B), OR WHENEVER HE HAS REASON TO BELIEVE THAT A PRIME
SPONSOR OR ELIGIBLE APPLICANT IS ENGAGED IN A PATTERN OR PRACTICE IN
VIOLATION OF THE PROVISIONS OF THIS SECTION, THE ATTORNEY GENERAL MAY
BRING A CIVIL ACTION IN ANY APPROPRIATE UNITED STATES DISTRICT COURT FOR
SUCH RELIEF AS MAY BE APPROPRIATE, INCLUDING INJUNCTIVE RELIEF.
(D) THE SECRETARY SHALL ENFORCE THE PROVISIONS OF SUBSECTION (A)
DEALING WITH DISCRIMINATION ON THE BASIS OF SEX IN ACCORDANCE WITH
SECTION 602 OF THE CIVIL RIGHTS ACT OF 1964, SECTION 603 OF SUCH ACT
SHALL APPLY WITH RESPECT TO ANY ACTION TAKEN BY THE SECRETARY TO ENFORCE
SUCH PROVISIONS OF SUCH SUBSECTION. //42 USC 2000D - 1, 2000D - 2.//
THIS SECTION SHALL NOT BE CONSTRUED AS AFFECTING ANY OTHER LEGAL REMEDY
THAT A PERSON MAY HAVE IF THAT PERSON IS EXCLUDED FROM PARTICIPATION IN,
DENIED THE BENEFITS OF, SUBJECTED TO DISCRIMINATION UNDER, OR DENIED
EMPLOYMENT IN CONNECTION WITH ANY PROGRAM OR ACTIVITY RECEIVING
ASSISTANCE UNDER THIS ACT.
SEC. 613. IN ORDER TO ASSURE THAT FUNDS PROVIDED UNDER THIS ACT ARE
USED IN ACCORDANCE WITH ITS PROVISIONS, EACH RECIPIENT SHALL--
(1) USE SUCH FISCAL, AUDIT, AND ACCOUNTING PROCEDURES AS MAY BE
NECESSARY TO ASSURE (A) PROPER ACCOUNTING FOR PAYMENTS RECEIVED BY
IT, AND (B) PROPER DISBURSEMENT OF SUCH PAYMENTS;
(2) PROVIDE TO THE SECRETARY AND THE COMPTROLLER GENERAL OF THE
UNITED STATES ACCESS TO, AND THE RIGHT TO EXAMINE, ANY BOOKS,
DOCUMENTS, PAPERS, OR RECORDS AS HE REQUIRES; AND
(3) MAKE SUCH REPORTS TO THE SECRETARY OR THE COMPTROLLER
GENERAL OF THE UNITED STATES AS HE REQUIRES.
SEC. 614. EFFECTIVE WITH RESPECT TO FISCAL YEARS AFTER JUNE 30,
1974, THE MANPOWER DEVELOPMENT AND TRAINING ACT OF 1962 AND PARTS A, B,
AND E OF TITLE I OF THE ECONOMIC OPPORTUNITY ACT OF 1964 ARE REPEALED.
//42 USC 2571 NOTE. 42 USC 2711, 2737, 2769.// UNEXPENDED APPROPRIATIONS
FOR CARRYING OUT SUCH ACTS MAY BE MADE AVAILABLE TO CARRY OUT THIS ACT,
AS DIRECTED BY THE PRESIDENT.
SEC. 615. THIS ACT SHALL TAKE EFFECT ON THE DATE OF ITS ENACTMENT.
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 659 ACCOMPANYING H. R. 11010 (COMM. ON
EDUCATION AND LABOR) AND NO. 93 - 737 (COMM. OF CONFERENCE).
SENATE REPORTS: NO. 93 - 304 (COMM. ON LABOR AND PUBLIC
WELFARE) AND NO. 93 - 636 (COMM. OF CONFERENCE).
CONGRESSIONAL RECORD, VOL. 119 (1973):
JULY 24, CONSIDERED AND PASSED SENATE. NOV. 28, CONSIDERED AND
PASSED HOUSE, AMENDED, IN LIEU OF H. R. 11010. DEC. 5, SENATE
CONCURRED IN HOUSE AMENDMENT WITH AN AMENDMENT. DEC. 20, SENATE
AND HOUSE AGREED TO CONFERENCE REPORT.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VOL. 10, NO. 1
(1974): DEC. 28, 1973, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-203; 87 STAT. 839, COMPREHENSIVE EMPLOYMENT AND
TRAINING ACT OF 1973 (TITLES I-III)
TO ASSURE OPPORTUNITIES FOR EMPLOYMENT AND TRAINING TO
UNEMPLOYED AND UNDEREMPLOYED PERSONS.
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 "COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF 1973".
SEC. 2. IT IS THE PURPOSE OF THIS ACT TO PROVIDE JOB TRAINING AND
EMPLOYMENT OPPORTUNITIES FOR ECONOMICALLY DISADVANTAGED, UNEMPLOYED, AND
UNDEREMPLOYED PERSONS, AND TO ASSURE THAT TRAINING AND OTHER SERVICES
LEAD TO MAXIMUM EMPLOYMENT OPPORTUNITIES AND ENHANCE SELF-SUFFICIENCY BY
ESTABLISHING A FLEXIBLE AND DECENTRALIZED SYSTEM OF FEDERAL, STATE, AND
LOCAL PROGRAMS.
SEC. 3. (A) TO THE EXTENT NECESSARY TO PROVIDE FOR THE ORDERLY
TRANSITION OF SUPPORTING JOB TRAINING PROGRAMS, AND TO PROVIDE CONTINUED
FINANCIAL ASSISTANCE FOR SUCH PROGRAMS, PRIOR TO JULY 1, 1974, THE
SECRETARY IS AUTHORIZED TO PROVIDE FINANCIAL ASSISTANCE IN THE SAME
MANNER AND ON THE SAME CONDITIONS AS PROVIDED IN THE MANPOWER
DEVELOPMENT AND TRAINING ACT OF 1962, AS IN EFFECT PRIOR TO JUNE 30,
1973, TITLE I OF THE ECONOMIC OPPORTUNITY ACT OF 1964, AND THE EMERGENCY
EMPLOYMENT ACT OF 1971, AS IN EFFECT PRIOR TO JUNE 30, 1973, FROM FUNDS
APPROPRIATED PURSUANT TO THIS ACT. //76 STAT. 23. 42 USC 2571 78 STAT.
508. 42 USC 2701. 85 STAT. 146. 42 USC 4871.//
(B) THE AUTHORITY CONTAINED IN THIS SECTION SHALL NOT BE CONSTRUED TO
POSTPONE OR IMPEDE THE PROMPT DESIGNATION OF PRIME SPONSORS AND THE
IMPLEMENTATION OF OTHER PROVISIONS OF THIS ACT.
(C) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, OTHER THAN THE
PROVISIONS OF SECTION 4 (D) (1), THE SECRETARY IS AUTHORIZED FROM
APPROPRIATIONS AVAILABLE UNDER THIS ACT FOR FISCAL YEAR 1974 TO PROVIDE
FINANCIAL ASSISTANCE FOR THE PROGRAM DESCRIBED IN SECTION 304 (A) (3)
DURING THE PERIOD JUNE 1, 1974, //POST, P. 859.// THROUGH OCTOBER 1,
1974, IN THE SAME MANNER AND ON THE SAME CONDITIONS AS PROVIDED PURSUANT
TO THE MANPOWER DEVELOPMENT AND TRAINING ACT OF 1962, AS IN EFFECT PRIOR
TO JUNE 30, 1973, AND TITLE I OF THE ECONOMIC OPPORTUNITY ACT OF 1964,
AS IN EFFECT PRIOR TO REPEAL BY THIS ACT.
SEC. 4. (A) THERE ARE AUTHORIZED TO BE APPROPRIATED SUCH SUMS AS MAY
BE NECESSARY FOR THE FISCAL YEAR ENDING JUNE 30, 1974, AND FOR EACH OF
THE THREE SUCCEEDING FISCAL YEARS FOR CARRYING OUT THE PROVISIONS OF
THIS ACT.
(B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, UNLESS ENACTED IN
SPECIFIC LIMITATION OF THE PROVISIONS OF THIS SUBSECTION, ANY FUNDS
APPROPRIATED TO CARRY OUT THIS ACT WHICH ARE NOT OBLIGATED PRIOR TO THE
END OF THE FISCAL YEAR FOR WHICH SUCH FUNDS WERE APPROPRIATED SHALL
REMAIN AVAILABLE FOR OBLIGATION DURING THE SUCCEEDING FISCAL YEAR, AND
ANY FUNDS OBLIGATED IN ANY FISCAL YEAR MAY BE EXPENDED DURING A PERIOD
OF TWO YEARS FROM THE DATE OF OBLIGATION.
(C) (1) FOR THE PURPOSE OF AFFORDING ADEQUATE NOTICE OF FUNDING
AVAILABLE UNDER THIS ACT, APPROPRIATIONS UNDER THIS ACT ARE AUTHORIZED
TO BE INCLUDED IN AN APPROPRIATION ACT FOR THE FISCAL YEAR PRECEDING THE
FISCAL YEAR FOR WHICH THEY ARE AVAILABLE FOR OBLIGATION.
(2) IN ORDER TO EFFECT A TRANSITION TO THE ADVANCE FUNDING METHOD OF
TIMING APPROPRIATION ACTION, THE PROVISIONS OF THIS SUBSECTION SHALL
APPLY NOTWITHSTANDING THAT ITS INITIAL APPLICATION WILL RESULT IN THE
ENACTMENT IN THE SAME YEAR (WHETHER IN THE SAME APPROPRIATION ACT OR
OTHERWISE) OF TWO SEPARATE APPROPRIATIONS, ONE FOR THE THEN CURRENT
FISCAL YEAR AND ONE FOR THE SUCCEEDING FISCAL YEAR.
(D) (1) OF THE AMOUNTS APPROPRIATED TO CARRY OUT THIS ACT, THE
SECRETARY SHALL RESERVE AND MAKE AVAILABLE NOT LESS THAN $250,000,000 IN
THE FISCAL YEAR ENDING JUNE 30, 1974, AND NOT LESS THAN $350,000,000 IN
THE FISCAL YEAR ENDING JUNE 30, 1975, TO CARRY OUT PUBLIC SERVICE
EMPLOYMENT PROGRAMS UNDER TITLE II. //POST, P. 850.//
(2) IN ADDITION TO THE AMOUNTS RESERVED UNDER PARAGRAPH (1) OF THIS
SUBSECTION, THERE ARE AUTHORIZED TO BE APPROPRIATED AND MADE AVAILABLE
FOR THE FISCAL YEARS ENDING JUNE 30, 1974, AND JUNE 30, 1975, SUCH SUMS
AS MAY BE NECESSARY TO CARRY OUT PUBLIC SERVICE EMPLOYMENT PROGRAMS
UNDER TITLE II. THERE ARE AUTHORIZED TO BE APPROPRIATED AND MADE
AVAILABLE FOR THE FISCAL YEAR ENDING JUNE 30, 1976, AND FOR THE
SUCCEEDING FISCAL YEAR SUCH SUMS AS MAY BE NECESSARY TO CARRY OUT PUBLIC
SERVICE EMPLOYMENT PROGRAMS UNDER TITLE II.
(E) OF THE AMOUNT APPROPRIATED TO CARRY OUT THIS ACT FOR ANY FISCAL
YEAR, NOT MORE THAN 20 PERCENT OF SUCH AMOUNT (EXCLUDING ANY AMOUNT IN
EXCESS OF $250,000,000 OF THE AMOUNT MADE AVAILABLE FOR CARRYING OUT
TITLE II) SHALL BE AVAILABLE FOR CARRYING OUT THE PROVISIONS OF TITLE
III AND TITLE IV. //POST, PP. 859, 863.//
SEC. 101. IT IS THE PURPOSE OF THIS TITLE TO ESTABLISH A PROGRAM TO
PROVIDE COMPREHENSIVE MANPOWER SERVICES THROUGHOUT THE NATION. SUCH
PROGRAM SHALL INCLUDE THE DEVELOPMENT AND CREATION OF JOB OPPORTUNITIES
AND THE TRAINING, EDUCATION, AND OTHER SERVICES NEEDED TO ENABLE
INDIVIDUALS TO SECURE AND RETAIN EMPLOYMENT AT THEIR MAXIMUM CAPACITY.
COMPREHENSIVE MANPOWER SERVICES MAY INCLUDE, BUT SHALL NOT BE LIMITED
TO, PROGRAMS AND ACTIVITIES DESIGNED TO CARRY OUT THE PURPOSE OF THIS
TITLE, SUCH AS--
(1) OUTREACH TO MAKE PERSONS AWARE OF THE AVAILABILITY OF
MANPOWER SERVICES AND PERSUADE THEM TO USE SUCH SERVICES,
(2) ASSESSMENT OF THE INDIVIDUAL'S NEEDS, INTERESTS, AND
POTENTIAL IN THE LABOR MARKET AND REFERRAL TO APPROPRIATE
EMPLOYMENT, TRAINING, OR OTHER OPPORTUNITES.
(3) ORIENTATION, COUNSELING, EDUCATION, AND INSTITUTIONAL SKILL
TRAINING TO PREPARE THE INDIVIDUAL TO ENTER THE LABOR MARKET OR TO
QUALIFY FOR MORE PRODUCTIVE JOB OPPORTUNITIES,
(4) TRAINING ON THE JOB,
(5) PAYMENTS OR OTHER INDUCEMENTS TO PUBLIC OR PRIVATE
EMPLOYERS TO EXPAND JOB OPPORTUNITIES, BUT PAYMENTS TO EMPLOYERS
ORGANIZED FOR PROFIT SHALL NOT EXCEED THE DIFFERENCE BETWEEN THE
COSTS OF RECRUITING, TRAINING, AND PROVIDING SUPPORTIVE SERVICES
FOR LOW-INCOME PERSONS AND THOSE REGULARLY EMPLOYED,
(6) SERVICES TO INDIVIDUALS TO ENABLE THEM TO RETAIN
EMPLOYMENT,
(7) PAYMENT OF ALLOWANCES TO PERSONS IN TRAINING FOR WHICH THEY
RECEIVE NO REMUNERATION AND PAYMENT OF SUCH ALLOWANCES FOR
TRANSPORTATION, SUBSISTENCE, OR OTHER EXPENSES INCURRED IN
PARTICIPATING IN MANPOWER SERVICES OR EMPLOYMENT AS ARE NECESSARY
TO ENABLE THE INDIVIDUAL TO PARTICIPATE THEREIN,
(8) SUPPORTIVE SERVICES TO ENABLE INDIVIDUALS TO TAKE ADVANTAGE
OF EMPLOYMENT OPPORTUNITIES, INCLUDING NECESSARY HEALTH CARE AND
MEDICAL SERVICES, CHILD CARE, RESIDENTIAL SUPPORT, ASSISTANCE IN
SECURING BONDS, OR ANY OTHER NECESSARY ASSISTANCE INCIDENT TO
EMPLOYMENT, AND ANY OTHER SERVICE NEEDED TO PARTICIPATE IN
EMPLOYMENT OR MANPOWER SERVICES,
(9) DEVELOPMENT OF INFORMATION CONCERNING THE LABOR MARKET AND
ACTIVITIES, SUCH AS JOB RESTRUCTURING, TO MAKE IT MORE RESPONSIVE
TO OBJECTIVES OF THE MANPOWER SERVICES PROGRAM,
(10) MANPOWER TRAINING, EMPLOYMENT OPPORTUNITIES, AND RELATED
SERVICES CONDUCTED BY COMMUNITY-BASED ORGANIZATIONS,
(11) TRANSITIONAL PUBLIC SERVICE EMPLOYMENT PROGRAMS, AND
(12) ANY PROGRAMS AUTHORIZED BY PART A OF TITLE III AND BY
TITLE IV OF THIS ACT.
SEC. 102. (A) THE SECRETARY MAY MAKE FINANCIAL ASSISTANCE AVAILABLE
TO A PRIME SPONSOR TO ENABLE IT TO CARRY OUT ALL OR A SUBSTANTIAL PART
OF A COMPREHENSIVE MANPOWER PROGRAM. A PRIME SPONSOR SHALL BE--
(1) A STATE;
(2) A UNIT OF GENERAL LOCAL GOVERNMENT WHICH HAS A POPULATION
OF ONE HUNDRED THOUSAND OR MORE PERSONS ON THE BASIS OF THE MOST
SATISFACTORY CURRENT DATA AVAILABLE TO THE SECRETARY;
(3) ANY COMBINATION OF UNITS OF GENERAL LOCAL GOVERNMENT WHICH
INCLUDES ANY UNIT OF GENERAL LOCAL GOVERNMENT QUALIFYING UNDER
PARAGRAPH (2) OF THIS SUBSECTION;
(4) ANY UNIT OF GENERAL LOCAL GOVERNMENT OR ANY COMBINATION OF
SUCH UNITS, WITHOUT REGARD TO POPULATION, WHICH, IN EXCEPTIONAL
CIRCUMSTANCES, IS DETERMINED BY THE SECRETARY OF LABOR--
(A) (I) TO SERVE A SUBSTANTIAL PORTION OF A FUNCTIONING LABOR
MARKET AREA, OR (II) TO BE A RURAL AREA HAVING HIGH LEVEL OF
UNEMPLOYMENT; AND
(B) TO HAVE DEMONSTRATED (I) THAT IT HAS THE CAPABILITY FOR
ADEQUATELY CARRYING OUT PROGRAMS UNDER THIS ACT, AND (II) THAT
THERE IS A SPECIAL NEED FOR SERVICES WITHIN THE AREA TO BE SERVED,
AND (III) THAT IT WILL CARRY OUT SUCH PROGRAMS AND SERVICES IN
SUCH AREA AS EFFECTIVELY AS THE STATE; OR
(5) A LIMITED NUMBER OF EXISTING CONCENTRATED EMPLOYMENT
PROGRAM GRANTEES SERVING RURAL AREAS HAVING A HIGH LEVEL OF
UNEMPLOYMENT WHICH THE SECRETARY DETERMINES HAVE DEMONSTRATED
SPECIAL CAPABILITIES FOR CARRYING OUT PROGRAMS IN SUCH AREAS AND
ARE DESIGNATED BY HIM FOR THAT PURPOSE.
(B) (1) A STATE SHALL NOT QUALIFY AS A PRIME SPONSOR FOR ANY
GEOGRAPHICAL AREA WITHIN THE JURISDICTION OF ANY PRIME SPONSOR DESCRIBED
IN PARAGRAPH (2), (3), (4), OR (5) OF SUBSECTION (A) UNLESS SUCH PRIME
SPONSOR HAS NOT SUBMITTED AN APPROVABLE COMPREHENSIVE MANPOWER PLAN FOR
SUCH AREA.
(2) A UNIT OF GENERAL LOCAL GOVERNMENT SHALL NOT QUALIFY AS A PRIME
SPONSOR WITH RESPECT TO ANY AREA WITHIN THE JURISDICTION OF ANOTHER
ELIGIBLE UNIT OF GENERAL LOCAL GOVERNMENT UNLESS SUCH SMALLER UNIT HAS
NOT SUBMITTED AN APPROVABLE COMPREHENSIVE MANPOWER PLAN FOR SUCH AREA.
(C) (1) TO BE ELIGIBLE FOR PRIME SPONSORSHIP FOR ANY FISCAL YEAR, AN
OTHERWISE ELIGIBLE APPLICANT MUST SUBMIT TO THE SECRETARY A NOTICE OF
INTENT TO APPLY FOR PRIME SPONSORSHIP BY SUCH DATE AS THE SECRETARY
SHALL PRESCRIBE.
(2) THE SECRETARY MAY NOT, PRIOR TO MARCH 1, 1974, DESIGNATE AS A
PRIME SPONSOR, ANY STATE OR UNIT OF GENERAL LOCAL GOVERNMENT CONTAINING
ANOTHER UNIT OF GENERAL LOCAL GOVERNMENT MEETING THE REQUIREMENTS OF
SUBSECTION (A) (2) OF THIS SECTION UNLESS SUCH SMALLER UNIT HAS
SUBMITTED TO THE SECRETARY WRITTEN CONSENT FOR SUCH DESIGNATION.
SEC. 103. (A) (1) EIGHTY PERCENT OF THE AMOUNT AVAILABLE FOR THIS
TITLE IN ANY FISCAL YEAR SHALL BE ALLOTTED IN ACCORDANCE WITH THE
PROVISIONS OF THIS SUBSECTION.
(2) SUBJECT TO THE PROVISIONS OF PARAGRAPH (4)--
(A) 50 PERCENT OF THE AMOUNT ALLOTTED UNDER THIS SUBSECTION
SHALL BE ALLOTTED ON THE BASIS OF THE MANPOWER ALLOTMENT OF THE
STATE IN THE FISCAL YEAR PRIOR TO THE YEAR FOR WHICH THE
DETERMINATION IS MADE COMPARED TO THE MANPOWER ALLOTMENT FOR ALL
STATES IN THAT YEAR;
(B) 37 1/2 PERCENT OF THE AMOUNT ALLOTTED UNDER THIS SUBSECTION
SHALL BE ALLOTTED ON THE BASIS OF THE RELATIVE NUMBER OF
UNEMPLOYED PERSONS WITHIN THE STATE AS COMPARED TO SUCH NUMBERS IN
ALL STATES;
(C) 12 1/2 PERCENT OF THE AMOUNT ALLOTTED UNDER THIS SUBSECTION
SHALL BE ALLOTTED ON THE BASIS OF THE RELATIVE NUMBER OF ADULTS IN
FAMILIES WITH AN ANNUAL INCOME BELOW THE LOW-INCOME LEVEL WITHIN
THE STATE COMPARED TO SUCH TOTAL NUMBERS IN ALL STATES;
(D) NOT LESS THAN $2,000,000 SHALL BE ALLOTTED AMONG GUAM, THE
VIRGIN ISLANDS, AMERICAN SAMOA, AND THE TRUST TERRITORY OF THE
PACIFIC ISLANDS, IN ACCORDANCE WITH THEIR RESPECTIVE NEEDS.
(3) THE SUM ALLOTTED TO EACH STATE SHALL BE ALLOTTED BY THE SECRETARY
AMONG AREAS WITHIN THE STATE ON AN EQUITABLE BASIS BASED UPON THE
FACTORS SET FORTH IN PARAGRAPH (2).
(4) NO PRIME SPONSOR SHALL BE ALLOCATED AN AMOUNT WHICH IS IN EXCESS
OF 150 PERCENT OF THE AMOUNT RECEIVED BY THE AREA SERVED BY THAT PRIME
SPONSOR IN THE FISCAL YEAR IMMEDIATELY PRECEDING THE FISCAL YEAR FOR
WHICH THE DETERMINATION WAS MADE EXCEPT THAT IF THE AMOUNT SO ALLOCATED
IS LESS THAN 50 PERCENT OF THE AMOUNT TO WHICH SUCH PRIME SPONSOR IS
ENTITLED UNDER PARAGRAPH (2) IN THE FISCAL YEAR FOR WHICH A
DETERMINATION WAS MADE, THEN SUCH ALLOCATION SHALL BE INCREASED TO 50
PERCENT OF THE AMOUNT OF SUCH ENTITLEMENT.
(B) NOT MORE THAN 5 PERCENT OF THE AMOUNT AVAILABLE FOR THIS TITLE
SHALL BE AVAILABLE TO THE SECRETARY TO ENCOURAGE, AFTER CONSULTATION
WITH AND RECEIVING RECOMMENDATIONS FROM THE GOVERNOR OF THE APPROPRIATE
STATE, VOLUNTARY COMBINATIONS FORMED UNDER SECTION 102 (A) (3).
(C) FIVE PERCENT OF THE FUNDS AVAILABLE UNDER TITLE I SHALL BE
AVAILABLE ONLY FOR GRANTS UNDER SECTION 112 EXCEPT THAT SUCH GRANTS
SHALL NOT INCREASE THE FUNDS AVAILABLE IN ANY PRIME SPONSOR'S AREA BY
MORE THAN 20 PERCENT OF THE AMOUNT ALLOCATED TO SUCH PRIME SPONSOR UNDER
SUBSECTION (A). //POST, P. 850.//
(D) ONE PERCENT OF THE AMOUNT ALLOCATED UNDER SUBSECTION (A) SHALL BE
AVAILABLE TO THE SECRETARY TO BE ALLOCATED IN THE SAME MANNER AS
PROVIDED UNDER SUBSECTION (A) TO STATE PRIME SPONSORS FOR THE COSTS
INCURRED IN CARRYING OUT THE PROVISIONS OF SECTION 107 (A) (2) (B). IF
ANY STATE DOES NOT NEED THE AMOUNT ALLOCATED UNDER THIS SUBSECTION FOR
ANY FISCAL YEAR, THAT AMOUNT SHALL BE AVAILABLE FOR STATE SERVICES UNDER
SECTION 106.
(E) FOUR PERCENT OF THE AMOUNTS AVAILABLE FOR THIS TITLE SHALL BE
AVAILABLE TO EACH STATE IN THE SAME PROPORTION AS THAT STATE'S
ALLOCATION UNDER SUBSECTION (A) FOR STATE SERVICES UNDER SECTION 106.
(F) THE REMAINDER OF THE FUNDS SHALL BE AVAILABLE IN THE SECRETARY'S
DISCRETION. IN EXERCISING HIS DISCRETION THE SECRETARY SHALL FIRST
UTILIZE SUCH FUNDS TO PROVIDE EACH PRIME SPONSOR WITH AN AMOUNT FOR ANY
FISCAL YEAR EQUAL TO 90 PERCENT OF SUCH AREA'S MANPOWER ALLOTMENT IN THE
PRECEDING FISCAL YEAR. THE REMAINDER SHALL BE DISTRIBUTED IN THE
SECRETARY'S DISCRETION AMONG AREAS SERVED BY PRIME SPONSORS (OR WHERE A
PRIME SPONSOR'S PLAN HAS NOT BEEN APPROVED, AN AREA SERVED BY THE
SECRETARY UNDER HIS AUTHORITY IN SECTION 110). IN EXERCISING HIS
DISCRETION THE SECRETARY SHALL TAKE INTO ACCOUNT THE NEED FOR CONTINUED
FUNDING OF PROGRAMS OF DEMONSTRATED EFFECTIVENESS.
(G) GRANTS MADE TO PRIME SPONSORS DESIGNATED UNDER SECTION 102 (A)
(5) SHALL BE FROM FUNDS NOT ALLOCATED UNDER SUBSECTION (A).
(H) 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 ALLOTMENTS MADE PURSUANT TO THIS SECTION. ALLOTMENTS UNDER
THIS SECTION SHALL BE BASED ON THE LATEST SATISFACTORY DATA AND
ESTIMATES AVAILABLE.
(I) THE SECRETARY IS AUTHORIZED TO MAKE SUCH REALLOCATIONS UNDER THIS
TITLE AS HE DEEMS APPROPRIATE OF THE UNOBLIGATED AMOUNT OF ANY ALLOTMENT
PURSUANT TO SUBSECTION (A) TO THE EXTENT THAT THE SECRETARY DETERMINES
THAT IT WILL NOT BE REQUIRED FOR THE PERIOD FOR WHICH SUCH ALLOTMENT IS
AVAILABLE. ALLOTTED AMOUNTS MAY NOT BE REALLOCATED FOR ANY REASON
BEFORE THE EXPIRATION OF THE NINTH MONTH OF THE FISCAL YEAR FOR WHICH
SUCH FUNDS WERE ALLOTTED AND THEREAFTER MAY BE REALLOCATED ONLY IF THE
SECRETARY HAS PROVIDED THIRTY DAYS' ADVANCE NOTICE TO THE PRIME SPONSOR
FOR SUCH AREA AND TO THE GOVERNOR OF THE STATE OF THE PROPOSED
REALLOCATION, DURING WHICH PERIOD OF TIME THE PRIME SPONSOR AND THE
GOVERNOR MAY SUBMIT COMMENTS TO THE SECRETARY. AFTER CONSIDERING ANY
COMMENTS SUBMITTED DURING SUCH PERIOD OF TIME THE SECRETARY SHALL NOTIFY
THE GOVERNOR AND AFFECTED PRIME SPONSORS OF ANY DECISION TO REALLOCATE
FUNDS AND SHALL PUBLISH ANY SUCH DECISION IN THE FEDERAL REGISTER.
PRIORITY SHALL BE GIVEN IN REALLOCATING SUCH FUNDS TO OTHER AREAS WITHIN
THE SAME STATE.
SEC. 104. EACH PRIME SPONSOR DESIGNATED UNDER THIS TITLE SHALL
ESTABLISH A PLANNING COUNCIL CONSISTING, TO THE EXTENT PRACTICAL, OF
MEMBERS WHO ARE REPRESENTATIVE OF THE CLIENT COMMUNITY AND OF
COMMUNITY-BASED ORGANIZATIONS, THE EMPLOYMENT SERVICE, EDUCATION AND
TRAINING AGENCIES AND INSTITUTIONS, BUSINESS, LABOR, AND, WHERE
APPROPRIATE, AGRICULTURE. THE PRIME SPONSOR SHALL APPOINT THE MEMBERS
OF THE COUNCIL, DESIGNATE THE CHAIRMAN, AND PROVIDE PROFESSIONAL,
TECHNICAL, AND CLERICAL STAFF TO SERVE THE COUNCIL. IT IS THE FUNCTION
OF THE COUNCIL TO SUBMIT RECOMMENDATIONS REGARDING PROGRAM PLANS AND
BASIC GOALS, POLICIES, AND PROCEDURES, TO MONITOR AND PROVIDE FOR
OBJECTIVE EVALUATIONS OF EMPLOYMENT AND TRAINING PROGRAMS CONDUCTED IN
THE PRIME SPONSORSHIP AREA, AND TO PROVIDE FOR CONTINUING ANALYSES OF
NEEDS FOR EMPLOYMENT, TRAINING, AND RELATED SERVICES IN SUCH AREA. ANY
FINAL DECISION WITH RESPECT TO SUCH RECOMMENDATIONS SHALL BE MADE BY THE
PRIME SPONSOR.
SEC. 105. (A) THE SECRETARY SHALL NOT PROVIDE FINANCIAL ASSISTANCE
FOR ANY FISCAL YEAR TO A PRIME SPONSOR UNLESS SUCH SPONSOR SUBMITS A
COMPREHENSIVE MANPOWER PLAN, IN SUCH DETAIL AS THE SECRETARY DEEMS
NECESSARY, WHICH--
(1) SETS FORTH A COMPREHENSIVE MANPOWER PROGRAM WHICH MEETS THE
OBJECTIVES OF THIS TITLE, INCLUDING (A) A DESCRIPTION OF THE
SERVICES TO BE PROVIDED, AND PERFORMANCE GOALS, (B) ASSURANCE THAT
SUCH SERVICES WILL BE ADMINISTERED BY OR UNDER THE SUPERVISION OF
THE PRIME SPONSOR, (C) A DESCRIPTION OF THE GEOGRAPHICAL AREAS TO
BE SERVED UNDER THE PLAN, AND (D) ASSURANCES THAT TO THE MAXIMUM
EXTENT FEASIBLE MANPOWER SERVICES, INCLUDING THE DEVELOPMENT OF
JOB OPPORTUNITIES, WILL BE PROVIDED TO THOSE MOST IN NEED OF THEM,
INCLUDING LOW-INCOME PERSONS AND PERSONS OF LIMITED
ENGLISH-SPEAKING ABILITY, AND THAT THE NEED FOR CONTINUED FUNDING
OF PROGRAMS OF DEMONSTRATED EFFECTIVENESS IS TAKEN INTO ACCOUNT IN
SERVING SUCH GROUPS AND PERSONS;
(2) PROVIDES, IN THE CASE OF PRIME SPONSORS WHO ARE RECIPIENTS
OF FUNDS UNDER TITLE II FOR THE DEVELOPMENT OF A PUBLIC SERVICE
EMPLOYMENT PROGRAM, THAT IT IS FULLY INTEGRATED WITH THE SERVICES
UNDER THIS TITLE IN ORDER TO ASSURE THAT PERSONS EMPLOYED IN SUCH
A PROGRAM ARE AFFORDED A BETTER OPPORTUNITY TO FIND REGULAR
EMPLOYMENT NOT SUPPORTED UNDER THIS ACT;
(3) (A) PROVIDES APPROPRIATE ARRANGEMENTS WITH COMMUNITY-BASED
ORGANIZATIONS SERVING THE POVERTY COMMUNITY, AND OTHER SPECIAL
TARGET GROUPS FOR THEIR PARTICIPATION IN THE PLANNING OF PROGRAMS
INCLUDED IN THE PLAN; (B) PROVIDES FOR UTILIZING THOSE SERVICES
AND FACILITIES WHICH ARE AVAILABLE, WITH OR WITHOUT REIMBURSEMENT
OF THE REASONABLE COST, FROM FEDERAL, STATE, AND LOCAL AGENCIES TO
THE EXTENT DEEMED APPROPRIATE BY THE PRIME SPONSOR, AFTER GIVING
DUE CONSIDERATION TO THE EFFECTIVENESS OF SUCH EXISTING SERVICES
AND FACILITIES, INCLUDING, BUT NOT LIMITED TO, THE STATE
EMPLOYMENT SERVICE, STATE VOCATIONAL EDUCATION AND VOCATIONAL
REHABILITATION AGENCIES, AREA SKILLS CENTERS, LOCAL EDUCATIONAL
AGENCIES, POSTSECONDARY TRAINING AND EDUCATION INSTITUTIONS, AND
COMMUNITY ACTION AGENCIES, BUT NOTHING CONTAINED HEREIN SHALL BE
CONSTRUED TO LIMIT THE UTILIZATION OF SERVICES AND FACILITIES OF
PRIVATE AGENCIES, INSTITUTIONS AND ORGANIZATIONS (SUCH AS PRIVATE
BUSINESSES, LABOR ORGANIZATIONS, PRIVATE EMPLOYMENT AGENCIES AND
PRIVATE EDUCATIONAL AND VOCATIONAL INSTITUTIONS) WHICH CAN, AT
COMPARABLE COST, PROVIDE SUBSTANTIALLY EQUIVALENT TRAINING OR
SERVICES OR OTHERWISE AID IN REDUCING MORE QUICKLY UNEMPLOYMENT OR
CURRENT AND PROSPECTIVE MANPOWER SHORTAGES; (C) PROVIDES THAT IN
MAKING ARRANGEMENTS FOR INSTITUTIONAL TRAINING PRIORITY SHALL BE
GIVEN (TO THE EXTENT FEASIBLE) TO THE USE OF SKILLS CENTERS
ESTABLISHED UNDER THE AUTHORITY OF SECTION 231 OF THE MANPOWER
DEVELOPMENT AND TRAINING ACT OF 1962; //76 STAT. 30. 42 USC
2601.// (D) PROVIDES ARRANGEMENTS TO THE EXTENT FEASIBLE FOR THE
COORDINATION OF SERVICES FOR WHICH FINANCIAL ASSISTANCE IS
PROVIDED UNDER PROGRAMS ADMINISTERED BY THE SECRETARY OF LABOR
RELATING TO MANPOWER AND MANPOWER-RELATED SERVICES;
(4) PROVIDES FOR PAYING THE ALLOWANCES AND COMPENSATION
PROVIDED BY SECTION 111; //POST, P. 849.//
(5) PROVIDES THAT ANY TRANSITIONAL PUBLIC SERVICE EMPLOYMENT
PROGRAMS MEET THE REQUIREMENTS OF SECTION 205 (C) AND SECTION 208,
AND THAT PERSONS HIRED TO FILL JOBS CREATED BY SUCH PROGRAMS WILL
BE RESIDENTS OF THE AREAS DESCRIBED UNDER PARAGRAPH (1) (C) OF
THIS SUBSECTION;
(6) PROVIDES ASSURANCES THAT PROGRAMS OF INSTITUTIONAL TRAINING
BE DESIGNED FOR OCCUPATIONS IN WHICH SKILL SHORTAGES EXIST AND
ASSURANCES THAT SUCH PROGRAMS AND TRAINING ON THE JOB SHALL,
WHEREVER POSSIBLE, RESULT IN EMPLOYMENT WHICH PROVIDES ECONOMIC
SELF-SUFFICIENCY;
(7) CONTAINS SUCH OTHER INFORMATION, ASSURANCES, STATEMENTS,
AND ARRANGEMENTS CONSISTENT WITH THE PROVISIONS OF THIS ACT AS THE
SECRETARY SHALL PRESCRIBE BY REGULATION INCLUDING PROVISIONS
DESIGNED TO ASSIST THE SECRETARY IN CARRYING OUT HIS SPECIAL
RESPONSIBILITIES UNDER THIS SECTION AND SECTION 108.
(B) THE SECRETARY SHALL NOT PROVIDE FINANCIAL ASSISTANCE FOR ANY
FISCAL YEAR TO A PRIME SPONSOR UNLESS SUCH SPONSOR CERTIFIES THAT--
(1) ITS PLAN MEETS ALL THE REQUIREMENTS OF THIS SECTION; AND
(2) IT WILL COMPLY WITH ALL PROVISIONS OF THIS ACT.
(C) THE SECRETARY SHALL PROVIDE FINANCIAL ASSISTANCE TO EACH PRIME
SPONSOR UNDER THIS TITLE TO CARRY OUT THE PLAN SUBMITTED BY EACH SUCH
PRIME SPONSOR UPON DETERMINING THAT--
(1) THE PLAN IS CONSISTENT WITH THE PROVISIONS OF THIS TITLE:
(2) THE PLAN WAS MADE PUBLIC PRIOR TO SUBMISSION TO THE
SECRETARY;
(3) THE PRIME SPONSOR HAS DEMONSTRATED MAXIMUM EFFORTS TO
IMPLEMENT THE PROVISIONS IN THE PRIOR YEAR'S PLAN.
SEC. 106. (A) ANY STATE SEEKING ASSISTANCE UNDER THIS ACT SHALL
SUBMIT A STATE COMPREHENSIVE MANPOWER PLAN TO THE SECRETARY FOR APPROVAL
IN ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION.
(B) THE STATE COMPREHENSIVE MANPOWER PLAN SHALL IN ADDITION TO
MEETING THE REQUIREMENTS OF SECTION 105--
(1) PROVIDE SATISFACTORY ARRANGEMENTS FOR SERVING ALL
GEOGRAPHICAL AREAS UNDER ITS JURISDICTION EXCEPT AREAS SERVED BY
AN ELIGIBLE APPLICANT WHO HAS FILED A NOTICE OF INTENT UNDER
SECTION 102 (C), EXCEPT THAT SUCH PLAN MAY BE AMENDED TO INCLUDE
AREAS SERVED BY AN ELIGIBLE APPLICANT WHOSE PLAN IS FINALLY
DISAPPROVED WITHOUT PREJUDICE TO THE REMEDIES AVAILABLE TO SUCH
ELIGIBLE APPLICANT UNDER SECTION 109;
(2) PROVIDE FOR THE COOPERATION AND PARTICIPATION OF ALL STATE
AGENCIES PROVIDING MANPOWER AND MANPOWER-RELATED SERVICES IN THE
IMPLEMENTATION OF COMPREHENSIVE MANPOWER SERVICES PLANS BY PRIME
SPONSORS IN ACCORDANCE WITH THE PROVISIONS OF THIS ACT;
(3) SET FORTH AN OVERALL STATE PLAN FOR THE DEVELOPMENT AND
SHARING OF RESOURCES AND FACILITIES NEEDED TO CONDUCT MANPOWER
PROGRAMS UNDER ITS DIRECT SPONSORSHIP WITHOUT UNNECESSARY
DUPLICATION AND OTHERWISE IN THE MOST EFFICIENT AND ECONOMICAL
MANNER;
(4) PROVIDE FOR THE COORDINATION OF PROGRAMS FINANCED UNDER THE
WAGNER-PEYSER ACT IN ACCORDANCE WITH SUCH RULES, REGULATIONS, AND
GUIDELINES AS THE SECRETARY DETERMINES NECESSARY FOR THE PURPOSE
OF PROVIDING COORDINATED AND COMPREHENSIVE ASSISTANCE TO THOSE
INDIVIDUALS REQUIRING MANPOWER AND MANPOWER-RELATED SERVICES TO
ACHIEVE THEIR FULL OCCUPATIONAL POTENTIAL IN ACCORDANCE WITH THE
POLICIES OF THIS ACT; //48 STAT. 113. 29 USC 49.//
(5) SET FORTH ARRANGEMENTS FOR ASSISTING THE SECRETARY IN
CARRYING OUT HIS RESPONSIBILITIES FOR ENFORCING THE REQUIREMENT
FOR FEDERAL CONTRACTORS AND SUBCONTRACTORS TO LIST ALL SUITABLE
EMPLOYMENT OPENINGS WITH LOCAL OFFICES OF THE STATE EMPLOYMENT
SERVICE AND PROVIDE SPECIAL EMPHASIS, AS REQUIRED IN SECTION 2012
(A) OF TITLE 38, UNITED STATES CODE; //86 STAT. 1097.//
(6) SET FORTH ARRANGEMENTS, IF ANY, WHICH THE STATE MAY DESIRE
TO PROVIDE FOR PLANNING AREAS TO SERVE GEOGRAPHICAL REGIONS WITHIN
THE STATE; AND
(7) MAKE ADEQUATE PROVISION FOR THE COORDINATION OF THE THE
MANPOWER AND RELATED SERVICES TO BE PROVIDED BY THE STATE IN AREAS
TO BE SERVED BY PRIME SPONSORS OTHER THAN THE STATE, AND THAT
PROVISION HAS BEEN MADE FOR THE ESTABLISHMENT OF MECHANISMS TO (A)
PROVIDE FOR THE EXCHANGE OF INFORMATION BETWEEN STATES AND LOCAL
GOVERNMENTS ON STATE, INTRASTATE, AND REGIONAL PLANNING IN AREAS
SUCH AS ECONOMIC DEVELOPMENT, HUMAN RESOURCE DEVELOPMENT,
EDUCATION, AND SUCH OTHER AREAS THAT MAY BE RELEVANT TO MANPOWER
PLANNING; AND (B) PROMOTE THE COORDINATION OF ALL MANPOWER PLANS
IN A STATE SO AS TO ELIMINATE CONFLICT, DUPLICATION, AND
OVERLAPPING BETWEEN MANPOWER SERVICES.
(C) FUNDS AVAILABLE TO EACH STATE UNDER SECTION 103 (E) MAY BE USED
FOR-- //ANTE, P. 842.//
(1) THE PROVISION OF SERVICES UNDER THIS ACT THROUGHOUT THE
STATE BY STATE AGENCIES RESPONSIBLE FOR EMPLOYMENT AND TRAINING
AND RELATED SERVICES;
(2) PROVIDING FINANCIAL ASSISTANCE FOR SPECIAL PROGRAMS AND
SERVICES DESIGNED TO MEET THE NEEDS OF RURAL AREAS OUTSIDE MAJOR
LABOR MARKET AREAS;
(3) DEVELOPING AND PUBLISHING INFORMATION REGARDING ECONOMIC,
INDUSTRIAL, AND LABOR MARKET CONDITIONS, INCLUDING BUT NOT LIMITED
TO JOB OPPORTUNITIES AND SKILL REQUIREMENTS, LABOR SUPPLY IN
VARIOUS SKILLS, OCCUPATIONAL OUTLOOK AND EMPLOYMENT TRENDS IN
VARIOUS OCCUPATIONS, AND ECONOMIC AND BUSINESS DEVELOPMENT AND
LOCATION TRENDS;
(4) PROVIDING, WITHOUT REIMBURSEMENT AND UPON REQUEST, TO ANY
PRIME SPONSOR SERVING AN AREA WITHIN THE STATE, SUCH INFORMATION
AND TECHNICAL ASSISTANCE AS MAY BE APPROPRIATE TO ASSIST ANY SUCH
PRIME SPONSOR IN DEVELOPING AND IMPLEMENTING ITS PROGRAMS UNDER
THIS ACT; AND
(5) CARRYING OUT SPECIAL MODEL TRAINING AND EMPLOYMENT PROGRAMS
AND RELATED SERVICES, INCLUDING PROGRAMS FOR OFFENDERS SIMILAR TO
PROGRAMS DESCRIBED IN SECTION 301 (C) OF THIS ACT.
(D) THE STATE PRIME SPONSOR SHALL ANNUALLY CERTIFY COMPLIANCE WITH
ALL THE REQUIREMENTS FOR STATE PRIME SPONSORS.
SEC. 107. (A) (1) ANY STATE WHICH DESIRES TO BE DESIGNATED AS A
PRIME SPONSOR AND TO ENTER INTO ARRANGEMENTS WITH THE SECRETARY UNDER
THIS TITLE SHALL ESTABLISH A MANPOWER SERVICES COUNCIL (HEREINAFTER
REFERRED TO AS THE "COUNCIL") WHICH SHALL EXERCISE THE POWERS AND DUTIES
SET FORTH IN THIS SECTION.
(2) THE COUNCIL ESTABLISHED PURSUANT TO PARAGRAPH (1) SHALL--
(A) BE APPOINTED BY THE GOVERNOR (WHO SHALL DESIGNATE ONE
MEMBER THEREOF TO BE CHAIRMAN), AND SHALL BE COMPOSED OF--
(I) REPRESENTATIVES OF THE UNITS OR COMBINATIONS OF UNITS OF
GENERAL LOCAL GOVERNMENT IN SUCH STATE, WHO SHALL COMPRISE AT
LEAST ONE-THIRD OF THE MEMBERSHIP OF THE COUNCIL, WHICH HAVE
COMPREHENSIVE MANPOWER PLANS APPROVED UNDER SECTION 108 (EXCEPT
THAT THE INITIAL APPOINTMENTS TO THE COUNCIL MAY CONSIST OF
REPRESENTATIVES OF UNITS OR COMBINATIONS OF UNITS OF GENERAL LOCAL
GOVERNMENT DESCRIBED IN CLAUSES (2), (3), (4), AND (5) OF SECTION
102 (A) WHICH HAVE INDICATED AN INTENTION TO SUBMIT A PLAN FOR
APPROVAL UNDER SECTION 108), AND SUCH REPRESENTATIVES SHALL BE
DESIGNATED BY THE CHIEF EXECUTIVE OFFICERS OF THE UNITS OR
COMBINATION OF UNITS OF GENERAL LOCAL GOVERNMENT WHICH QUALIFY FOR
REPRESENTATION UNDER THIS SECTION IN ACCORDANCE WITH PROCEDURES
AGREED UPON BY SUCH CHIEF EXECUTIVE OFFICERS;
(II) ONE REPRESENTATIVE EACH OF THE STATE BOARD OF VOCATIONAL
EDUCATION AND THE PUBLIC EMPLOYMENT SERVICE OF SUCH STATE;
(III) ONE REPRESENTATIVE OF EACH SUCH OTHER STATE AGENCY AS THE
GOVERNOR MAY DETERMINE TO HAVE A DIRECT INTEREST IN OVERALL
MANPOWER TRAINING AND UTILIZATION WITHIN THE STATE;
(IV) REPRESENTATIVES OF ORGANIZED LABOR;
(V) REPRESENTATIVES OF BUSINESS AND INDUSTRY;
(VI) REPRESENTATIVES OF COMMUNITY-BASED ORGANIZATIONS AND OF
THE CLIENT COMMUNITY TO BE SERVED UNDER THIS ACT (INCLUDING, WHERE
PERSONS OF LIMITED ENGLISH-SPEAKING ABILITY REPRESENT A
SUBSTANTIAL PORTION OF THE CLIENT POPULATION, APPROPRIATE
REPRESENTATION OF SUCH PERSONS); AND
(VII) REPRESENTATIVES OF THE GENERAL PUBLIC.
(B) BE APPROPRIATELY STAFFED AND SERVICED BY THE STATE PRIME
SPONSOR;
(C) MEET AT SUCH TIMES AND IN SUCH PLACES AS IT DEEMS
NECESSARY.
(B) THE COUNCIL SHALL--
(1) REVIEW THE PLANS OF EACH PRIME SPONSOR AND THE PLANS OF
STATE AGENCIES FOR THE PROVISION OF SERVICES TO SUCH PRIME
SPONSORS AND AGENCIES FOR THE MORE EFFECTIVE COORDINATION OF
EFFORTS TO MEET THE OVERALL MANPOWER NEEDS OF THE STATE;
(2) CONTINUOUSLY MONITOR THE OPERATION OF PROGRAMS CONDUCTED BY
EACH PRIME SPONSOR, AND THE AVAILABILITY, RESPONSIVENESS, AND
ADEQUACY OF STATE SERVICES, AND MAKE RECOMMENDATIONS TO THE PRIME
SPONSORS, TO AGENCIES PROVIDING MANPOWER SERVICES, AND TO THE
GOVERNOR AND THE GENERAL PUBLIC WITH RESPECT TO WAYS TO IMPROVE
THE EFFECTIVENESS OF SUCH PROGRAMS OR SERVICES IN FULFILLING THE
PURPOSES OF THIS ACT;
(3) MAKE AN ANNUAL REPORT TO THE GOVERNOR WHICH SHALL BE A
PUBLIC DOCUMENT, AND ISSUE SUCH OTHER STUDIES, REPORTS, OR
DOCUMENTS AS IT DEEMS ADVISABLE TO ASSIST PRIME SPONSORS OR TO
OTHERWISE HELP CARRY OUT THE PURPOSES OF THIS ACT.
SEC. 108. (A) THE SECRETARY SHALL NOT APPROVE A COMPREHENSIVE
MANPOWER PLAN OR ANY AMENDMENT THERETO UNTIL HE DETERMINES THAT IT MEETS
THE REQUIREMENTS OF SECTION 105, AND IN THE CASE OF A STATE PLAN SECTION
106, AND THAT THE PLAN WAS SUBMITTED TO, AND AN OPPORTUNITY TO COMMENT
THEREON PROVIDED, THE GOVERNOR OF THE STATE AND APPROPRIATE OFFICIALS IN
UNITS OF GENERAL LOCAL GOVERNMENT OF THE AREA TO BE SERVED.
(B) (1) THE SECRETARY SHALL NOT FINALLY DISAPPROVE ANY COMPREHENSIVE
MANPOWER PLAN SUBMITTED UNDER THIS TITLE, OR ANY MODIFICATIONS THEREOF,
WITHOUT FIRST AFFORDING THE PRIME SPONSOR SUBMITTING THE PLAN REASONABLE
NOTICE AND OPPORTUNITY FOR A HEARING.
(2) IF THE SECRETARY RECEIVES A FORMAL ALLEGATION FROM AN AFFECTED
UNIT OF GENERAL LOCAL GOVERNMENT THAT A PRIME SPONSOR HAS CHANGED ITS
COMPREHENSIVE MANPOWER PLAN SO THAT IT NO LONGER COMPLIES WITH SECTION
105 OR THAT IN THE ADMINISTRATION OF THE PLAN THERE IS A FAILURE TO
COMPLY SUBSTANTIALLY WITH ANY SUCH PROVISION, WITH ANY PROVISION OF THE
PLAN, OR WITH ANY REQUIREMENT OF SECTION 603 OR 604, HE SHALL, AND, IF
HE RECEIVES SUCH AN ALLEGATION FROM ANY OTHER INTERESTED PERSON, HE MAY,
OR, IF SUCH ALLEGATION IS SUPPORTED BY SUBSTANTIAL EVIDENCE, HE SHALL,
AFTER DUE NOTICE AND OPPORTUNITY FOR A HEARING TO THE PRIME SPONSOR,
DETERMINE WHETHER THE ALLEGATION IS TRUE. IF HE DETERMINES SUCH AN
ALLEGATION TO BE TRUE, THE SECRETARY SHALL NOTIFY THE PRIME SPONSOR THAT
NO FURTHER PAYMENTS WILL BE MADE TO THE PRIME SPONSOR UNDER THE PLAN
(OR, IN HIS DISCRETION, THAT FURTHER PAYMENTS WILL BE LIMITED TO
PROGRAMS UNDER OR PORTIONS OF THE PLAN NOT AFFECTED BY SUCH FAILURE),
UNTIL HE IS SATISFIED THAT THERE WILL NO LONGER BE ANY FAILURE TO
COMPLY. UNTIL HE IS SO SATISFIED, THE SECRETARY SHALL MAKE NO FURTHER
PAYMENTS TO SUCH SPONSOR UNDER THE PLAN (OR SHALL LIMIT PAYMENTS TO
PROGRAMS UNDER THE PLAN NOT AFFECTED BY THE FAILURE).
(C) THE SECRETARY SHALL NOT DISAPPROVE ANY PLAN SOLELY BECAUSE OF THE
PERCENTAGE OF FUNDS DEVOTED TO A PARTICULAR PROGRAM OR ACTIVITY
AUTHORIZED UNDER SECTION 101 OF THIS ACT.
(D) WHENEVER THE SECRETARY DETERMINES, AFTER NOTICE AND OPPORTUNITY
FOR PUBLIC HEARING, THAT ANY PRIME SPONSOR DESIGNATED TO SERVE UNDER
THIS ACT IS--
(1) MAINTAINING A PATTERN OR PRACTICE OF DISCRIMINATION IN
VIOLATION OF SECTION 603 (1) OR SECTION 612 (A) OF THIS ACT OR
OTHERWISE FAILING TO SERVE EQUITABLY THE ECONOMICALLY
DISADVANTAGED, UNEMPLOYED, OR UNDEREMPLOYED PERSONS IN THE AREA IT
SERVES;
(2) INCURRING UNREASONABLE ADMINISTRATIVE COSTS IN THE CONDUCT
OF ACTIVITIES AND PROGRAMS, AS DETERMINED PURSUANT TO REGULATION;
(3) FAILING TO GIVE DUE CONSIDERATION TO CONTINUED FUNDING OF
PROGRAMS OF DEMONSTRATED EFFECTIVENESS INCLUDING THOSE PREVIOUSLY
CONDUCTED UNDER PROVISIONS OF LAW REPEALED BY SECTION 614 OF THIS
ACT; OR
(4) OTHERWISE MATERIALLY FAILING TO CARRY OUT THE PURPOSES AND
PROVISIONS OF THIS ACT;
THE SECRETARY SHALL REVOKE THE PRIME SPONSOR'S PLAN FOR THE AREA, IN
WHOLE OR IN PART, AND TO THE EXTENT NECESSARY AND APPROPRIATE SHALL NOT
MAKE ANY FURTHER PAYMENTS TO SUCH PRIME SPONSOR UNDER THIS ACT, AND HE
SHALL NOTIFY SUCH SPONSOR TO RETURN TO HIM ALL OR PART OF THE UNEXPENDED
SUMS PAID UNDER THIS ACT DURING THAT FISCAL YEAR.
SEC. 109. (A) IF ANY PRIME SPONSOR IS DISSATISFIED WITH THE
SECRETARY'S FINAL ACTION WITH RESPECT TO THE APPROVAL OF ITS
COMPREHENSIVE MANPOWER PLAN SUBMITTED UNDER SECTION 105 OR SECTION 106
OR WITH HIS FINAL ACTION UNDER SECTION 108, SUCH PRIME SPONSOR MAY,
WITHIN SIXTY DAYS AFTER NOTICE OF SUCH ACTION, FILE WITH THE UNITED
STATES COURT OF APPEALS FOR THE CIRCUIT IN WHICH THE PRIME SPONSOR IS
LOCATED A PETITION FOR REVIEW OF THAT ACTION. A COPY OF THE PETITION
SHALL BE FORTHWITH TRANSMITTED BY THE CLERK OF THE COURT TO THE
SECRETARY. THEREUPON THE SECRETARY SHALL FILE IN THE COURT THE RECORD
OF THE PROCEEDINGS ON WHICH HE BASED HIS ACTION, AS PROVIDED IN SECTION
2112 OF TITLE 28, UNITED STATES CODE. //72 STAT. 941; 80 STAT.
1323.//
(B) THE FINDINGS OF FACT BY THE SECRETARY, IF SUPPORTED BY
SUBSTANTIAL EVIDENCE, SHALL BE CONCLUSIVE; BUT THE COURT, FOR GOOD
CAUSE SHOWN, MAY REMAND THE CASE TO THE SECRETARY TO TAKE FURTHER
EVIDENCE, AND THE SECRETARY MAY THEREUPON MAKE NEW OR MODIFIED FINDINGS
OF FACT AND MAY MODIFY HIS PREVIOUS ACTION, AND SHALL CERTIFY TO THE
COURT THE RECORD OF THE FURTHER PROCEEDINGS. SUCH NEW OR MODIFIED
FINDINGS OF FACT SHALL LIKEWISE BE CONCLUSIVE IF SUPPORTED BY
SUBSTANTIAL EVIDENCE.
(C) THE COURT SHALL HAVE JURISDICTION TO AFFIRM THE ACTION OF THE
SECRETARY OR TO SET IT ASIDE, IN WHOLE OR IN PART. THE JUDGMENT OF THE
COURT SHALL BE SUBJECT TO REVIEW BY THE SUPREME COURT OF THE UNITED
STATES UPON CERTIORARI OR CERTIFICATION AS PROVIDED IN SECTION 1254 OF
TITLE 28, UNITED STATES CODE. //62 STAT. 928.//
SEC. 110. (A) IN ANY AREA OF A STATE WHICH HAS NOT QUALIFIED AS A
PRIME SPONSOR AND FOR WHICH NO OTHER PRIME SPONSOR HAS QUALIFIED UNDER
PARAGRAPH (2), (3), (4), OR (5) OF SECTION 102 (A) OR WHERE THE
SECRETARY HAS TAKEN AN ACTION UNDER SUBSECTION (B) (2) OR (D) OF SECTION
108 WHICH RESULTS IN SUCH SERVICES NOT BEING PROVIDED IN SUCH AREA, THE
SECRETARY IS AUTHORIZED AND DIRECTED OUT OF FUNDS ALLOTTED TO SUCH STATE
OR LOCAL AREA UNDER SECTION 103 (A) TO PROVIDE FOR CONTINUING PROGRAMS
BY MAKING PAYMENTS DIRECTLY TO PUBLIC AND PRIVATE NONPROFIT AGENCIES AND
ORGANIZATIONS CONDUCTING ACTIVITIES WHICH HE DETERMINES ARE NOT IN
VIOLATION OF THE REQUIREMENTS OF THIS SECTION. TO THE EXTENT NECESSARY
TO ASSURE THE DELIVERY OF SERVICES IN THE AREAS SERVED BY ANY PRIME
SPONSOR SUBJECT TO THE PROVISIONS OF THIS SECTION, THE SECRETARY IS
AUTHORIZED (IF NO OTHER ELIGIBLE PRIME SPONSOR IS DESIGNATED UNDER
SECTION 102 OF THIS ACT TO SERVE SUCH AREA) TO MAKE GRANTS TO AND ENTER
INTO CONTRACTS WITH PUBLIC AND PRIVATE NONPROFIT AGENCIES AND
ORGANIZATIONS IN THE SAME MANNER AND TO THE SAME EXTENT AS IF THE
SECRETARY WERE THE PRIME SPONSOR FOR THAT AREA.
(B) THE SECRETARY SHALL, PRIOR TO MAKING ANY PAYMENTS UNDER THIS ACT
FOR ANY FISCAL YEAR, ENTER INTO AN AGREEMENT WITH ANY PRIME SPONSOR
RECEIVING PAYMENTS UNDER THIS ACT WHICH CONTAINS PROVISIONS ADEQUATE TO
ASSURE THAT THE PROVISIONS OF THIS SECTION ARE CARRIED OUT EFFECTIVELY.
SEC. 111. (A) BASIC WEEKLY ALLOWANCES FOR INDIVIDUALS RECEIVING
TRAINING OR EDUCATION UNDER THIS TITLE FOR WHICH NO WAGES ARE PAYABLE
SHALL BE AT A RATE PRESCRIBED BY THE SECRETARY WHICH WHEN ADDED TO
AMOUNTS RECEIVED BY THE TRAINEE IN THE FORM OF UNEMPLOYMENT COMPENSATION
PAYMENTS SHALL EQUAL THE MINIMUM WAGE FOR A WORK WEEK OF FORTY HOURS
UNDER SECTION 6 (A) (1) OF THE FAIR LABOR STANDARDS ACT OF 1938 OR, IF
HIGHER, UNDER THE APPLICABLE STATE OR LOCAL MINIMUM WAGE LAW, AND SUCH
BASIC ALLOWANCES SHALL, IN THE CASE OF AN INDIVIDUAL WITH DEPENDENTS, BE
INCREASED BY $5 A WEEK FOR EACH DEPENDENT OVER TWO UP TO A MAXIMUM OF
FOUR ADDITIONAL DEPENDENTS. //80 STAT. 838. 29 USC 206.// THE PRIME
SPONSOR MAY WAIVE THE PAYMENT OF ALL OR PART OF THE ALLOWANCES WHEN IT
DETERMINES, UNDER REGULATIONS PRESCRIBED BY THE SECRETARY, THAT SUCH
WAIVER WILL PROMOTE THE PURPOSES OF THIS ACT. TRAINEES RECEIVING PUBLIC
ASSISTANCE OR WHOSE NEEDS OR INCOME ARE TAKEN INTO ACCOUNT IN
DETERMINING SUCH PUBLIC ASSISTANCE PAYMENTS TO OTHERS, SHALL RECEIVE AN
INCENTIVE ALLOWANCE OF $30 PER WEEK. SUCH ALLOWANCE SHALL BE
DISREGARDED IN DETERMINING THE AMOUNT OF PUBLIC ASSISTANCE PAYMENTS
UNDER FEDERAL OR FEDERALLY ASSISTED PUBLIC ASSISTANCE PROGRAMS. IN
PRESCRIBING ALLOWANCES, THE PRIME SPONSOR SHALL, IN ACCORDANCE WITH
REGULATIONS PRESCRIBED BY THE SECRETARY, ALLOW ADDITIONAL SUMS FOR
SPECIAL CIRCUMSTANCES SUCH AS EXCEPTIONAL EXPENSES INCURRED BY TRAINEES,
INCLUDING BUT NOT LIMITED TO MEAL AND TRAVEL ALLOWANCES, OR HE MAY
REDUCE SUCH ALLOWANCES BY AN AMOUNT REFLECTING THE FAIR VALUE OF MEALS,
LODGING, OR OTHER NECESSARIES FURNISHED TO THE TRAINEE. THE PRIME
SPONSOR SHALL TAKE SUCH ACTION AS MAY BE NECESSARY TO INSURE THAT SUCH
PERSONS RECEIVE NO ALLOWANCES WITH RESPECT TO PERIODS DURING WHICH THEY
ARE FAILING TO PARTICIPATE IN SUCH PROGRAMS, TRAINING, OR INSTRUCTION AS
PRESCRIBED HEREIN WITHOUT GOOD CAUSE. NOTWITHSTANDING THE PRECEDING
PROVISIONS OF THIS SUBSECTION, THE PRIME SPONSOR SHALL, IN ACCORDANCE
WITH SUCH REGULATIONS AS THE SECRETARY SHALL PRESCRIBE, MAKE SUCH
ADJUSTMENTS AS HE DEEMS APPROPRIATE IN ALLOWANCES WHICH WOULD OTHERWISE
BE PAYABLE UNDER THIS TITLE, INCLUDING BUT NOT LIMITED TO ADJUSTMENTS
WHICH TAKE INTO ACCOUNT THE AMOUNT OF TIME PER WEEK SPENT BY THE
INDIVIDUAL PARTICIPATING IN SUCH PROGRAMS AND ADJUSTMENTS TO REFLECT THE
SPECIAL ECONOMIC CIRCUMSTANCES WHICH EXIST IN THE AREA IN WHICH THE
PROGRAM IS TO BE CARRIED ON. ALLOWANCES SHALL NOT BE PAID FOR ANY
COURSE OF TRAINING HAVING A DURATION IN EXCESS OF ONE HUNDRED AND FOUR
WEEKS.
(B) INDIVIDUALS RECEIVING TRAINING ON THE JOB SHALL BE COMPENSATED BY
THE EMPLOYER AT SUCH RATES, INCLUDING PERIODIC INCREASES, AS MAY BE
DEEMED REASONABLE UNDER REGULATIONS PRESCRIBED BY THE SECRETARY,
CONSIDERING SUCH FACTORS AS INDUSTRY, GEOGRAPHICAL REGION, AND TRAINEE
PROFICIENCY, BUT IN NO EVENT AT A RATE LESS THAN THAT SPECIFIED IN
SECTION 6 (A) (1) OF THE FAIR LABOR STANDARDS ACT OF 1938 OR, IF HIGHER,
UNDER THE APPLICABLE STATE OR LOCAL MINIMUM WAGE LAW.
SEC. 112. (A) FROM THE FUNDS AVAILABLE TO HIM FOR THIS SECTION, THE
SECRETARY SHALL MAKE GRANTS TO GOVERNORS TO PROVIDE FINANCIAL
ASSISTANCE, THROUGH STATE VOCATIONAL EDUCATION BOARDS, TO PROVIDE NEEDED
VOCATIONAL EDUCATION SERVICES IN AREAS SERVED BY PRIME SPONSORS.
(B) ALL OF THE SUMS AVAILABLE TO CARRY OUT THIS SECTION SHALL BE
ALLOTTED AMONG THE STATES IN THE MANNER PROVIDED FOR ALLOTTING FUNDS
UNDER SECTION 103 (A). //ANTE, P. 842.//
(C) FUNDS AVAILABLE UNDER THIS SECTION SHALL BE USED ONLY FOR
PROVIDING VOCATIONAL EDUCATION AND SERVICES TO PARTICIPANTS IN PROGRAMS
UNDER THIS TITLE IN ACCORDANCE WITH AN AGREEMENT BETWEEN THE STATE
VOCATIONAL EDUCATION BOARD AND THE PRIME SPONSOR.
SEC. 201. IT IS THE PURPOSE OF THIS TITLE TO PROVIDE UNEMPLOYED AND
UNDEREMPLOYED PERSONS WITH TRANSITIONAL EMPLOYMENT IN JOBS PROVIDING
NEEDED PUBLIC SERVICES IN AREAS OF SUBSTANTIAL UNEMPLOYMENT AND,
WHEREVER FEASIBLE, RELATED TRAINING AND MANPOWER SERVICES TO ENABLE SUCH
PERSONS TO MOVE INTO EMPLOYMENT OR TRAINING NOT SUPPORTED UNDER THIS
TITLE.
SEC. 202. (A) EIGHTY PER CENTUM OF FUNDS AVAILABLE FOR ANY FISCAL
YEAR UNDER THIS TITLE SHALL BE ALLOCATED AMONG ELIGIBLE APPLICANTS IN
ACCORDANCE WITH THE NUMBER OF UNEMPLOYED RESIDING IN AREAS OF
SUBSTANTIAL UNEMPLOYMENT WITHIN THE JURISDICTION OF THE APPLICANT
COMPARED TO THE NUMBER OF UNEMPLOYED RESIDING IN ALL SUCH AREAS.
(B) THE REMAINDER MAY BE DISTRIBUTED BY THE SECRETARY IN HIS
DISCRETION TAKING INTO ACCOUNT THE SEVERITY OF UNEMPLOYMENT WITHIN SUCH
AREAS.
SEC. 203. (A) THE SECRETARY SHALL ENTER INTO ARRANGEMENTS WITH
ELIGIBLE APPLICANTS IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE IN
ORDER TO MAKE FINANCIAL ASSISTANCE AVAILABLE IN AREAS OF SUBSTANTIAL
UNEMPLOYMENT FOR THE PURPOSE 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 TITLE.
(B) NOT LESS THAN 90 PER CENTUM OF THE FUNDS APPROPRIATED PURSUANT TO
THIS TITLE WHICH ARE USED BY AN ELIGIBLE APPLICANT FOR PUBLIC SERVICE
EMPLOYMENT PROGRAMS SHALL BE EXPENDED ONLY FOR WAGES AND EMPLOYMENT
BENEFITS TO PERSONS EMPLOYED IN PUBLIC SERVICE JOBS PURSUANT TO THIS
TITLE.
SEC. 204. (A) FINANCIAL ASSISTANCE UNDER THIS TITLE MAY BE PROVIDED
BY THE SECRETARY ONLY PURSUANT TO APPLICATIONS SUBMITTED BY ELIGIBLE
APPLICANTS WHICH ARE--
(1) PRIME SPONSORS QUALIFIED UNDER TITLE I; OR
(2) INDIAN TRIBES ON FEDERAL OR STATE RESERVATIONS AND WHICH
INCLUDE AREAS OF SUBSTANTIAL UNEMPLOYMENT.
(B) FOR FISCAL YEAR 1974, ELIGIBLE APPLICANTS INCLUDE ANY ENTITY
ELIGIBLE TO BE A PRIME SPONSOR UNDER SECTION 102 (A).
(C) FOR THE PURPOSES OF THIS TITLE "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 6.5 PERCENTUM FOR THREE CONSECUTIVE MONTHS AS
DETERMINED BY THE SECRETARY. DETERMINATIONS CONCERNING THE RATE OF
UNEMPLOYMENT SHALL BE MADE BY THE SECRETARY AT LEAST ONCE EACH FISCAL
YEAR.
(D) (1) WHENEVER AN AREA OF SUBSTANTIAL UNEMPLOYMENT WITHIN THE
JURISDICTION OF AN ELIGIBLE APPLICANT IS ALSO WITHIN THE JURISDICTION OF
A UNIT OF GENERAL LOCAL GOVERNMENT OR A COMBINATION OF SUCH UNITS HAVING
A POPULATION OF 50,000 OR MORE (BUT LESS THAN THAT NECESSARY TO QUALIFY
AS A PRIME SPONSOR UNDER TITLE I), THE ELIGIBLE APPLICANT SHALL DELEGATE
TO SUCH UNIT OR UNITS OF GENERAL LOCAL GOVERNMENT THE FUNCTIONS OF
PROGRAM AGENT WITH RESPECT TO THE FUNDS ALLOCATED TO SUCH ELIGIBLE
APPLICANT ON ACCOUNT OF SUCH AREA OF SUBSTANTIAL UNEMPLOYMENT.
(2) FOR PURPOSES OF THIS SUBSECTION THE FUNCTIONS OF PROGRAM AGENT
INCLUDE THE ADMINISTRATIVE RESPONSIBILITY FOR DEVELOPING, FUNDING,
OVERSEEING, AND MONITORING PROGRAMS WITHIN THE AREA BUT SUCH FUNCTIONS
SHALL BE CARRIED ON CONCSISTENTLY WITH THE APPLICATION FOR FINANCIAL
ASSISTANCE WHICH SHALL BE DEVELOPED BY THE ELIGIBLE APPLICANT IN
COOPERATION WITH THE PROGRAM AGENT.
(3) WHENEVER TWO OR MORE UNITS OF GENERAL LOCAL GOVERNMENT QUALIFY AS
PROGRAM AGENTS WITH RESPECT TO THE SAME AREA OF SUBSTANTIAL UNEMPLOYMENT
THE PROVISIONS OF SECTION 102 (B) (2) SHALL BE APPLICABLE. //ANTE, P.
841.//
(E) 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.
SEC. 205. (A) FINANCIAL ASSISTANCE UNDER THIS TITLE MAY BE PROVIDED
BY 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 TITLE. ANY SUCH
APPLICATION SHALL SET FORTH A PUBLIC SERVICE EMPLOYMENT PROGRAM DESIGNED
TO PROVIDE EMPLOYMENT, IN JOBS PROVIDING NEEDED PUBLIC SERVICES, FOR
PERSONS RESIDING IN AREAS OF SUBSTANTIAL UNEMPLOYMENT WHO HAVE BEEN
UNEMPLOYED FOR AT LEAST THIRTY DAYS 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 TITLE.
(B) PROGRAMS ASSISTED UNDER THIS TITLE SHALL, TO THE EXTENT FEASIBLE
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 TITLE SHALL INCLUDE PROVISIONS SETTING
FORTH--
(1) ASSURANCES THAT THE ACTIVITIES AND SERVICES FOR WHICH
ASSISTANCE IS SOUGHT UNDER THIS TITLE 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 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 ONLY PERSONS RESIDING WITHIN THE AREAS OF
SUBSTANTIAL UNEMPLOYMENT QUALIFYING FOR ASSISTANCE WILL BE HIRED
TO FILL JOBS CREATED UNDER THIS TITLE, AND THAT THE PUBLIC
SERVICES PROVIDED BY SUCH JOBS SHALL, TO THE EXTENT FEASIBLE, BE
DESIGNED TO BENEFIT THE RESIDENTS OF SUCH AREAS;
(4) 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
ADVANCEEMENT 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;
(5) ASSURANCES (A) THAT SPECIAL CONSIDERATION IN FILLING
TRANSITIONAL PUBLIC SERVICE JOBS WILL BE GIVEN TO UNEMPLOYED
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 A DESCRIPTION OF THE SPECIFIC STEPS TO BE
UNDERTAKEN DURING SUCH FISCAL YEAR TO PROVIDE SUCH SPECIAL
CONSIDERATION, AND OF THE TYPES OF JOBS TO BE MADE AVAILABLE TO
SUCH VETERANS, WITH SPECIAL EMPHASIS ON THE DEVELOPMENT OF JOBS
WHICH WILL UTILIZE, TO THE MAXIMUM EXTENT FEASIBLE, THE SKILLS
WHICH SUCH VETERANS ACQUIRED IN CONNECTION WITH THEIR MILITARY
TRAINING AND SERVICE, AND (B) THAT THE APPLICANT SHALL (I) MAKE
SPECIAL EFFORTS TO ACQUAINT SUCH VETERANS WITH THE PROGRAM AND THE
PUBLIC SERVICE JOBS AVAILABLE TO VETERANS UNDER THIS ACT, AND (II)
COORDINATE EFFORTS IN BEHLAF OF SUCH VETERNAS WITH THOSE
ACTIVITIES 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 AGENICES; //86 STAT. 1094. 38 USC 2001.//
(6) 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;
(7) ASSURANCES THAT SPECIAL CONSIDERATION IN FILLING
TRANSITIONAL PUBLIC SERVICE JOBS WILL BE GIVEN TO UNEMPLOYED
PERSONS WHO ARE THE MOST SEVERELY DISADVANTAGED IN TERMS OF THE
LENGTH OF TIME THEY HAVE BEEN UNEMPLOYED AND THEIR PROSPECTS FOR
FINDING EMPLOYMENT WITHOUT ASSISTANCE UNDER THIS TITLE, BUT SUCH
SPECIAL CONSIDERATION SHALL NOT AUTHORIZE THE HIRING OF ANY PERSON
WHEN ANY OTHER PERSON IS ON LAY-OFF FROM THE SAME OR ANY
SUBSTANTIALLY EQUIVALENT JOB;
(8) ASSURANCES THAT NO FUNDS RECEIVED UNDER THIS TITLE WILL BE
USED TO HIRE ANY PERSON TO FILL A JOB OPENING CREATED BY THE
ACTION OF AN EMPLOYER IN LAYING OFF OR TERMINATING THE EMPLOYMENT
OF ANY REGULAR EMPLOYEE NOT SUPPORTED UNDER THIS TITLE IN
ANTICIPATION OF FILLING THE VACANCY SO CREATED BY HIRING AN
EMPLOYEE TO BE SUPPORTED UNDER THIS TITLE;
(9) 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;
(10) 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;
(11) A DESCRIPTION OF UNMET PUBLIC SERVICE NEEDS AND A
STATEMENT OF PRIORITIES AMONG SUCH NEEDS;
(12) 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;
(13) THE WAGES OR SALARIES TO BE PAID PERSONS EMPLOYED IN
PUBLIC SERVICE JOBS UNDER THIS TITLE AND A COMPARISON WITH THE
WAGES PAID FOR SIMILAR PUBLIC OCCUPATIONS BY THE SAME EMPLOYER;
(14) WHERE APPROPRIATE, THE EDUCATION, TRAINING, AND SUPPROTIVE
SERVICES (INCLUDING COUNSELING AND HEALTH CARE SERVICES) WHICH
COMPLEMENT THE WORK PERFORMED;
(15) THE PLANNING FOR AND TRAINING OF SUPERVISORY PERSONNEL IN
WORKING WITH PARTICIPANTS;
(16) A DESCRIPTION OF CAREER OPPORTUNITIES AND JOB ADVANCEMENT
POTENTIALITIES FOR PARTICIPANTS;
(17) ASSURANCES THAT PROCEDURES ESTABLISHED PURSUANT TO SECTION
207 (A) WILL BE COMPLIED WITH;
(18) ASSURANCES THAT AGENCIES AND INSTITUTIONS TO WHOM
FINANCIAL ASSISTANCE IS MADE AVAILABLE UNDER THIS TITLE HAVE
UNDERTAKEN, OR WILL UNDERTAKE, ANALYSES OF JOB DESCRIPTIONS AND
REVALUATIONS AND, WHERE SHOWN NECESSARY, REVISIONS OF
QUALIFICATION REQUIREMENTS AT ALL LEVELS OF EMPLOYMENT, INCLUDING
CIVIL SERVICE REQUIREMENTS AND PRACTICES RELATING THERETO, IN
ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE SECRETARY, WITH A
VIEW TOWARD REMOVING ARTIFICIAL BARRIERS TO PUBLIC EMPLOYMENT OF
THOSE WHOM IT IS THE PURPOSE OF THIS TITLE TO ASSIST;
(19) ASSURANCES THAT THE APPLICANT WILL, WHERE T 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 TITLE 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 TO EMPLOYED WHO DO NOT WISH
TO PURSUE PERMANENT CAREERS IN SUCH FIELD, WITH OPPORTUNITIES TO
SEEK, PREPARE FOR, AND OBTAIN WORK IN OTHER FIELDS;
(20) 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;
(21) 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 OPPORTUNITITES FOR THE
DISADVANTAGED;
(22) 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), //75 STAT. 71; 80 STAT.
837. 29 USC 213.// EXCEPT THAT THIS PARAGRAPH SHALL NOT BE
APPLICABLE IN THE CASE OF PARTICIPANTS EMPLOYED AS CLASSROOM
TEACHERS, AND THE SECRETARY MAY WAIVE THIS LIMITATION IN
EXCEPTIONAL CIRCUMSTANCES;
(23) A DESCRIPTION OF THE MANPOWER NEEDS OF LOCAL GOVERNMENTS
AND OF LOCAL EDUCATIONAL AGENCIES WITHIN THE AREA TO BE SERVED
TOGETHER WITH THE COMMENTS OF SUCH GOVERNMENTS AND AGENCIES WHERE
APPROPRIATE, AND ASSURANCES THAT JOBS WILL BE ALLOCATED EQUITABLY
TO SUCH GOVERNMENTS AND AGENCIES TAKING INTO ACCOUNT THE NUMBER OF
UNEMPLOYED WITHIN THEIR JURISDICTIONS AND THE NEEDS OF THE
AGENCIES;
(24) ASSURANCES THAT THE JOBS IN EACH JOB CATEGORY IN NO WAY
INFRINGE UPON THE PROMOTIONAL OPPORTUNITIES WHICH WOULD OTHERWISE
BE AVAILABLE TO PERSONS CURRENTLY EMPLOYED IN PUBLIC SERVICE JOBS
NOT SUBSIDIZED UNDER THIS TITLE, AND ASSURANCES THAT NO JOB WILL
BE FILLED IN OTHER THAN AN ENTRY LEVEL POSITION IN EACH JOB
CATEGORY UNTIL APPLICABLE PERSONNEL PROCEDURES AND COLLECTIVE
BARGAINING AGREEMENTS HAVE BEEN COMPLIED WITH;
(25) ASSURANCES THAT JOBS FUNDED UNDER THIS TITLE ARE IN
ADDITION TO THOSE THAT WOULD BE FUNDED BY THE SPONSOR IN THE
ABSENCE OF ASSISTANCE UNDER THIS ACT; AND
(26) SUCH OTHER ASSURANCES, ARRANGEMENTS, AND CONDITIONS
CONSISTENT WITH THE PROVISIONS OF THIS TITLE, AS THE SECRETARY
DEEMS NECESSARY, IN ACCORDANCE WITH SUCH REGULATIONS AS HE SHALL
PRESCRIBE.
SEC. 206. AN APPLICATION, OR MODIFICATION OR AMENDMENT THEREOF, FOR
FINANCIAL ASSISTANCE UNDER THIS TITLE MAY BE APPROVED ONLY IF THE
SECRETARY DETERMINES THAT--
(1) THE APPLICATION MEETS THE REQUIREMENTS SET FORTH IN THIS
TITLE;
(2) 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;
(3) 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; AND
(4) WHERE A LABOR ORGANIZATION REPRESENTS EMPLOYEES WHO ARE
ENGAGED IN SIMILAR WORK IN THE SAME AREA TO THAT PROPOSED IN THE
APPLICATION, AN OPPORTUNITY HAS BEEN PROVIDED SUCH ORGANIZATION TO
SUBMIT COMMENTS WITH RESPECT TO THE APPLICATION TO THE APPLICANT
AND TO THE SECRETARY.
SEC. 207. (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 TITLE TO ASSURE THAT IN THE EVENT
THAT ANY PERSON EMPLOYED IN A PUBLIC SERVICE JOB UNDER THIS TITLE AND
THE REVIEWING AGENCY FIND 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.
(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 TITLE AND AT SIX-MONTH INTERVALS
THEREAFTER.
(C) WHERE THE SECRETARY DETERMINES THAT AN INDIAN TRIBE ON A FEDERAL
OR STATE RESERVATION IS UNABLE TO SUBMIT AN APPLICATION TO CARRY OUT A
PUBLIC SERVICE EMPLOYMENT PROGRAM WHICH MEETS THE REQUIREMENTS OF
SECTION 205, THE SECRETARY SHALL ASSIST SUCH TRIBE IN PREPARING,
SUBMITTING, AND IMPLEMENTING A PUBLIC SERVICE EMPLOYMENT PROGRAM. THE
PROVISIONS OF SECTION 208 SHALL APPLY TO PROGRAMS CARRIED OUT UNDER THIS
SUBSECTION.
SEC. 208. (A) THE SECRETARY SHALL NOT PROVIDE FINANCIAL ASSISTANCE
FOR ANY PROGRAM OR ACTIVITY UNDER THIS TITLE 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 OPPORTUNITIES 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 NON-OVERTIME 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 TITLE APPLIED TO THE PARTICIPANT AND IF HE WERE
NOT EXEMPT UNDER SECTION 13 THEREOF, //52 STAT. 1060; 63 STAT.
910. 29 USC 201 NOTE. 29 USC 206. 29 USC 213.// (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 TITLE WILL NOT BE USED TO PAY PERSONS
EMPLOYED IN PUBLIC SERVICE JOBS UNDER THIS TITLE AT A RATE IN
EXCESS OF $10,000 PER YEAR;
(4) ALL PERSONS EMPLOYED IN PUBLIC SERVICE JOBS UNDER THIS
TITLE 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; //79 STAT. 1034. 41 USC 351.//
(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 TITLE WILL BE USED FOR THE ACQUISITION
OF, OR FOR THE RENTAL OR LEASING OF SUPPLIES, EQUIPMENT,
MATERIALS, OR REAL PROPERY; 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 TITLE, THE SECRETARY SHALL
MAKE FINANCIAL ASSISTANCE UNDER THIS TITLE 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 TITLE 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 TITLE, SUCH ORGANIZATION SHALL BE NOTIFIED AND AFFORDED A
REASONABLE PERIOD OF TIME PRIOR TO THE SUBMISSION OF THE APPLICATION IN
WHICH TO MAKE COMMENTS TO THE APPLICANT AND TO THE SECRETARY.
(D) THE SECRETARY SHALL PRESCRIBE REGULATIONS TO ASSURE THAT PROGRAMS
UNDER THIS TITLE 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 SHALL NOT PROVIDE FINANCIAL ASSISTANCE FOR ANY
PROGRAM UNDER THIS TITLE 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 TITLE 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 209 OF THIS TITLE.
(F) THE SECRETARY SHALL NOT PROVIDE FINANCIAL ASSISTANCE FOR ANY
PROGRAM UNDER THIS TITLE 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 BELIEFS.
(G) THE SECRETARY SHALL NOT PROVIDE FINANCIAL ASSISTANCE FOR ANY
PROGRAM UNDER THIS TITLE 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. //80 STAT. 403. 5 USC
1501.//
(H) THE SECRETARY SHALL NOT PROVIDE FINANCIAL ASSISTANCE FOR ANY
PROGRAM UNDER THIS TITLE 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.
SEC. 209. THE SECRETARY SHALL TRANSMIT TO THE CONGRESS AT LEAST
ANNUALLY A DETAILED REPORT SETTING FORTH THE ACTIVITIES CONDUCTED UNDER
THIS TITLE, INCLUDING INFORMATION DERIVED FROM EVALUATIONS REQUIRED BY
THIS TITLE 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 TITLE.
SEC. 210. FUNDS AVAILABLE UNDER THIS TITLE TO AN ELIGIBLE APPLICANT
MAY, AT ITS OPTION, BE UTILIZED FOR RESIDENTS OF THE AREAS OF
SUBSTANTIAL UNEMPLOYMENT DESIGNATED UNDER THIS TITLE FOR PROGRAMS
AUTHORIZED UNDER TITLE I AND PART A OF TITLE III OF THIS ACT.
SEC. 211. THE DETERMINATIONS TO BE MADE UNDER SECTION 204 (C) 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. //ANTE, P. 851.//
SEC. 301. (A) THE SECRETARY SHALL USE FUNDS AVAILABLE UNDER THIS
TITLE TO PROVIDE ADDITIONAL MANPOWER SERVICES AS AUTHORIZED UNDER TITLES
I AND II TO SEGMENTS OF THE POPULATION THAT ARE IN PARTICULAR NEED OF
SUCH SERVICES, INCLUDING YOUTH, OFFENDERS, PERSONS OF LIMITED
ENGLISH-SPEAKING ABILITY, OLDER WORKERS, AND OTHER PERSONS WHICH THE
SECRETARY DETERMINES HAVE PARTICULAR DISADVANTAGES IN THE LABOR MARKET.
THE SECRETARY SHALL TAKE INTO ACCOUNT THE NEED FOR CONTINUED FUNDING OF
PROGRAMS OF DEMONSTRATED EFFECTIVENESS.
(B) WITH RESPECT TO PROGRAMS FOR PERSONS OF LIMITED ENGLISH-SPEAKING
ABILITY UNDER THIS ACT, THE SECRETARY SHALL ESTABLISH APPROPRIATE
PROCEDURES TO ENSURE THAT PARTICIPANTS ARE PROVIDED WITH MANPOWER
TRAINING AND RELATED ASSISTANCE AND SUPPORTIVE SERVICES (WHERE FEASIBLE,
AT TIMES DESIGNED TO MEET THE NEEDS OF INDIVIDUALS UNABLE TO ATTEND
DURING NORMAL WORKING HOURS) DESIGNED TO INCREASE THE EMPLOYMENT AND
TRAINING OPPORTUNITIES FOR UNEMPLOYED AND UNDEREMPLOYED PERSONS OF
LIMITED ENGLISH-SPEAKING ABILITY, INCLUDING (A) THE TEACHING OF
OCCUPATIONAL SKILLS IN THE PRIMARY LANGUAGE OF SUCH PERSONS FOR
OCCUPATIONS WHICH DO NOT REQUIRE A HIGH PROFICIENCY IN ENGLISH, AND (B)
DEVELOPING NEW EMPLOYMENT OPPORTUNITIES FOR LIMITED ENGLISH-SPEAKING
PERSONS AND OPPORTUNITIES FOR PROMOTION WITHIN EXISTING EMPLOYMENT
SITUATIONS FOR SUCH PERSONS, INCLUDING PROGRAMS FOR THE DISSEMINATION OF
APPROPRIATE INFORMATION, AND JOB PLACEMENT, AND COUNSELING ASSISTANCE,
AND THE CONDUCT OF TRAINING AND EMPLOYMENT PROGRAMS, IN THE PRIMARY
LANGUAGE OF SUCH PERSONS, AS WELL AS PROGRAMS DESIGNED TO INCREASE THE
ENGLISH-SPEAKING ABILITY OF SUCH PERSONS.
(C) WITH RESPECT TO PROGRAMS FOR OFFENDERS REFERRED TO IN SUBSECTION
(A), THE SECRETARY SHALL ESTABLISH APPROPRIATE PROCEDURES TO INSURE THAT
PARTICIPANTS ARE PROVIDED WITH SUCH MANPOWER TRAINING AND RELATED
ASSISTANCE AND SUPPORT SERVICES (INCLUDING BASIC EDUCATION, DRUG
ADDICTION OR DEPENDENCY REHABILITATION, HEALTH CARE AND OTHER SERVICES)
WHICH WILL ENABLE THEM TO SECURE AND OBTAIN MEANINGFUL EMPLOYMENT. TO
ENSURE THE OBJECTIVES OF THIS SUBSECTION, THE SECRETARY MAY, WHEREVER
FEASIBLE, PROVIDE FOR APPROPRIATE ARRANGEMENTS WITH EMPLOYERS AND LABOR
ORGANIZATIONS, APPROPRIATE PAROLE, PROBATIONARY AND JUDICIAL
AUTHORITIES, AND FOR THE UTILIZATION OF TRAINING EQUIPMENT COMPARABLE TO
THAT CURRENTLY USED FOR THE JOB IN WHICH TRAINING IS FURNISHED. TO
SUPPORT SUCH PROGRAMS, THE SECRETARY SHALL DEVELOP INFORMATION
CONCERNING THE SPECIAL NEEDS OF OFFENDERS FOR SUCH SERVICES, INCLUDING
SPECIAL STUDIES REGARDING THE INCIDENCE OF UNEMPLOYMENT AMONG OFFENDERS
AND THE MEANS OF INCREASING EMPLOYMENT OPPORTUNITY FOR OFFENDERS.
(D) THE SECRETARY SHALL CARRY OUT FULLY AND EFFECTIVELY HIS
RESPONSIBILITIES FOR THE ASSIGNMENT OF ASSISTANT VETERANS EMPLOYMENT
REPRESENTATIVES UNDER SECTION 2003 OF TITLE 38, UNITED STATES CODE, //86
STAT. 1094. 38 USC 2001.// AND HIS OTHER RESPONSIBILITIES UNDER CHAPTER
41 OF SUCH TITLE AND FOR THE LISTING OF ALL SUITABLE EMPLOYMENT OPENINGS
WITH LOCAL OFFICES OF THE STATE EMPLOYMENT SERVICE BY FEDERAL
CONTRACTORS AND SUBCONTRACTORS AND PROVIDING FOR THE SPECIAL EMPHASIS AS
REQUIRED BY SECTION 2012 (A) OF SUCH TITLE. //86 STAT. 1097.//
SEC. 302. (A) THE CONGRESS FINDS THAT (1) SERIOUS UNEMPLOYMENT AND
ECONOMIC DISADVANTAGE EXIST AMONG MEMBERS OF THE INDIAN AND ALASKAN
NATIVE COMMUNITIES; (2) THERE IS A COMPELLING NEED FOR THE
ESTABLISHMENT OF COMPREHENSIVE MANPOWER TRAINING AND EMPLOYMENT PROGRAMS
FOR MEMBERS OF THOSE COMMUNITITES; (3) SUCH PROGRAMS ARE ESSENTIAL TO
THE REDUCTION OF ECONOMIC DISADVANTAGE AMONG INDIVIDUAL MEMBERS OF THOSE
COMMUNITIES AND TO THE ADVANCEMENT OF ECONOMIC AND SOCIAL DEVELOPMENT IN
THESE COMMUNITIES CONSISTENT WITH THEIR GOALS AND LIFE STYLES.
(B) THE CONGRESS THEREFORE DECLARES THAT, BECAUSE OF THE SPECIAL
RELATIONSHIP BETWEEN THE FEDERAL GOVERNMENT AND MOST OF THOSE TO BE
SERVED BY THE PROVISIONS OF THIS SECTION, (1) SUCH PROGRAMS CAN BEST BE
ADMINISTERED AT THE NATIONAL LEVEL; (2) SUCH PROGRAMS SHALL BE
AVAILABLE TO FEDERALLY RECOGNIZED INDIAN TRIBES, BANDS, AND INDIVIDUALS
AND TO OTHER GROUPS AND INDIVIDUALS OF NATIVE AMERICAN DESCENT SUCH AS,
BUT NOT LIMITED TO, THE LUMMIS IN WASHINGTON, THE MENOMINEES IN
WISCONSIN, THE KLAMATHS IN OREGON, THE OKLAHOMA INDIANS, THE
PASSAMAQUODDYS AND PENOBSCOTS IN MAINE, AND ESKIMOS AND ALEUTS IN
ALASKA; (3) SUCH PROGRAMS SHALL BE ADMINISTERED IN SUCH A MANNER AS TO
MAXIMIZE THE FEDERAL COMMITMENT TO SUPPORT GROWTH AND DEVELOPMENT AS
DETERMINED BY REPRESENTATIVES OF THE COMMUNITIES AND GROUPS SERVED BY
THIS PART.
(C) (1) IN CARRYING OUT HIS RESPONSIBILITIES UNDER THIS SECTION, THE
SECRETARY SHALL, WHEREVER POSSIBLE, UTILIZE INDIAN TRIBES, BANDS OR
GROUPS (INCLUDING ALASKA NATIVE VILLAGES OR GROUPS AS DEFINED IN THE
ALASKA NATIVE CLAIMS SETTLEMENT ACT OF DECEMBER 18, 1971 (85 STAT.
688)) //43 USC 1601 NOTE.// HAVING A GOVERNING BODY, FOR THE PROVISION
OF MANPOWER SERVICES UNDER THIS TITLE. WHEN THE SECRETARY DETERMINES
THAT SUCH TRIBE, BAND, OR GROUP HAS DEMONSTRATED THE CAPABILITY TO
EFFECTIVELY ADMINISTER A COMPREHENSIVE MANPOWER PROGRAM, HE SHALL
REQUIRE SUCH TRIBE, BAND, OR GROUP TO SUBMIT TO HIM A COMPREHENSIVE PLAN
MEETING THE REQUIREMENTS OF SECTION 105. //ANTE, P. 843.//
(2) IN CARRYING OUT HIS RESPONSIBILITIES UNDER THIS SECTION THE
SECRETARY SHALL MAKE ARRANGEMENTS WITH PRIME SPONSORS AND ORGANIZATIONS
(MEETING REQUIREMENTS PRESCRIBED BY THE SECRETARY) SERVING
NON-RESERVATION INDIANS FOR PROGRAMS AND PROJECTS DESIGNED TO MEET THE
NEEDS OF SUCH INDIANS FOR EMPLOYMENT AND TRAINING AND RELATED SERVICES.
(D) WHENEVER THE SECRETARY DETERMINES NOT TO UTILIZE INDIAN TRIBES,
BANDS, OR GROUPS FOR THE PROVISIONS OF MANPOWER SERVICES UNDER THIS
SECTION, HE SHALL, TO THE MAXIMUM EXTENT FEASIBLE, ENTER INTO
ARRANGEMENTS FOR THE PROVISION OF SUCH SERVICES WITH PUBLIC OR PRIVATE
NONPROFIT AGENCIES WHICH MEET WITH THE APPROVAL OF THE TRIBES, BANDS, OR
GROUPS TO BE SERVED.
(E) THE SECRETARY IS DIRECTED TO TAKE APPROPRIATE ACTION TO ESTABLISH
ADMINISTRATIVE PROCEDURES AND MACHINERY (INCLUDING PERSONNEL HAVING
PARTICULAR COMPETENCE IN THIS FIELD) FOR THE ADMINISTRATION OF INDIAN
MANPOWER PROGRAMS AUTHORIZED UNDER THIS ACT.
(F) FUNDS AVAILABLE FOR THIS SECTION SHALL BE EXPENDED FOR PROGRAMS
AND ACTIVITIES CONSISTENT WITH THE PURPOSES OF THIS PART, INCLUDING BUT
NOT LIMITED TO SUCH PROGRAMS AND ACTIVITIES CARRIED OUT BY ELIGIBLE
APPLICANTS UNDER OTHER PROVISIONS OF THIS ACT.
(G) FOR THE PURPOSE OF CARRYING OUT THIS SECTION, THE SECRETARY SHALL
RESERVE FROM FUNDS AVAILABLE FOR THIS TITLE AN AMOUNT EQUAL TO NOT LESS
THAN 4 PERCENT OF THE AMOUNT ALLOCATED PURSUANT TO SECTION 103 (A) (1).
//ANTE, P. 842.//
(H) NO PROVISION OF THIS SECTION SHALL ABROGATE IN ANY WAY THE TRUST
RESPONSIBILITIES OF THE FEDERAL GOVERNMENT OT INDIAN BANDS OR TRIBES.
SEC. 303. (A) THE CONGRESS FINDS AND DECLARES THAT--
(1) CHRONIC SEASONAL UNEMPLOYMENT AND UNDEREMPLOYMENT IN THE
AGRICULTURAL INDUSTRY, SUBSTANTIALLY AFFECTED BY RECENT ADVANCES
IN TECHNOLOGY AND MECHANIZATION, CONSTITUTE A SUBSTANTIAL PORTION
OF THE NATION'S RURAL MANPOWER PROBLEM AND SUBSTANTIALLY AFFECTS
THE ENTIRE NATIONAL ECONOMY;
(2) BECAUSE OF THE SPECIAL NATURE OF CERTAIN FARMWORKER
MANPOWER PROBLEMS SUCH PROGRAMS CAN BEST BE ADMINISTERED AT THE
NATIONAL LEVEL.
(B) (1) FUNDS AVAILABLE FOR THIS SECTION SHALL BE EXPENDED FOR
PROGRAMS AND ACTIVITIES CONSISTENT WITH THE PURPOSES OF THIS SECTION,
INCLUDING BUT NOT LIMITED TO PROGRAMS AND ACTIVITIES CARRIED OUT BY
ELIGIBLE APPLICANTS UNDER OTHER PROVISIONS OF THIS ACT.
(2) FOR THE PURPOSE OF CARRYING OUT THIS SECTION, THE SECRETARY SHALL
RESERVE FROM FUNDS AVAILABLE FOR THIS TITLE AN AMOUNT EQUAL TO NOT LESS
THAN 5 PERCENT OF THE AMOUNT ALLOCATED PURSUANT TO SECTION 103 (A) (1).
SEC. 304. (A) THE SECRETARY MAY PROVIDE FINANCIAL ASSISTANCE IN
URBAN AND RURAL AREAS, INCLUDING AREAS HAVING LARGE CONCENTRATIONS OR
PROPORTIONS OF LOW-INCOME, UNEMPLOYED PERSONS, AND RURAL AREAS HAVING
SUBSTANTIAL OUTMIGRATION TO URBAN AREAS, FOR COMPREHENSIVE WORK AND
TRAINING PROGRAMS, AND NECESSARY SUPPORTIVE AND FOLLOW-UP SERVICES,
INCLUDING THE FOLLOWING:
(1) PROGRAMS TO PROVIDE PART-TIME EMPLOYMENT, ON-THE-JOB
TRAINING, AND USEFUL WORK EXPERIENCE FOR STUDENTS FROM LOW-INCOME
FAMILIES WHO ARE IN THE NINTH THROUGH TWELFTH GRADES OF SCHOOL (OR
ARE OF AN AGE EQUIVALENT TO THAT OF STUDENTS IN SUCH GREADES) AND
WHO ARE IN NEED OF THE EARNINGS TO PERMIT THEM TO RESUME OR
MAINTAIN ATTENDANCE IN SCHOOL;
(2) PROGRAMS TO PROVIDE UNEMPLOYED, UNDEREMPLOYED, OR
LOW-INCOME PERSONS (AGED SIXTEEN AND OVER) WITH USEFUL WORK AND
TRAINING (WHICH MUST INCLUDE SUFFICIENT BASIC EDUCATION AND
INSTITUTIONAL OR ON-THE-JOB TRAINING) DESIGNED TO ASSIST THOSE
PERSONS TO DEVELOP THEIR MAXIMUM OCCUPATIONAL POTENTIAL AND TO
OBTAIN REGULAR COMPETITIVE EMPLOYMENT;
(3) JOBS, INCLUDING THOSE IN RECREATION AND RELATED PROGRAMS,
FOR ECONOMICALLY DISADVANTAGED YOUTHS DURING THE SUMMER MONTHS;
(4) SPECIAL PROGRAMS WHICH INVOLVE WORK ACTIVITIES DIRECTED TO
THE NEEDS OF THOSE CHRONICALLY UNEMPLOYED POOR WHO HAVE POOR
EMPLOYMENT PROSPECTS AND ARE UNABLE, BECAUSE OF AGE, LACK OF
EMPLOYMENT OPPORTUNITY, OR OTHERWISE, TO SECURE APPROPRIATE
EMPLOYMENT OR TRAINING ASSISTANCE UNDER OTHER PROGRAMS, AND WHICH,
IN ADDITION TO OTHER SERVICES PROVIDED, WILL ENABLE SUCH PERSONS
TO PARTICIPATE IN PROJECTS FOR THE BETTERMENT, PHYSICAL
IMPROVEMENT, OR BEAUTIFICATION OF THE COMMUNITY OR AREAS SERVED BY
THE PROGRAM;
(5) SPECIAL PROGRAMS WHICH PROVIDE UNEMPLOYED OR LOW-INCOME
PERSONS WITH JOBS LEADING TO CAREER OPPORTUNITIES, INCLUDING NEW
TYPES OF CAREERS, IN PROGRAMS DESIGNED TO IMPROVE THE PHYSICAL,
SOCIAL, ECONOMIC, OR CULTURAL CONDITION OF THE COMMUNITY OR AREA
SERVED;
(6) SPECIAL SERVICES, WHEN REQUIRED, FOR MIDDLE-AGED AND OLDER
MEN AND WOMEN, INCLUDING RECRUITMENT, PLACEMENT, AND COUNSELLING
FOR SUCH PERSONS WHO ARE UNEMPLOYED AS A RESULT OF THE CLOSING OF
A PLANT OR FACTORY OR A PERMANENT LARGE-SCALE REDUCATION IN THE
WORK FORCE OF A LOCALITY, AND PROVIDE GRANTS TO OR CONTRACTS WITH
PRIME SPONSORS TO ASSIST SUCH SPONSORS IN SECURING PART-TIME OR
TEMPORARY EMPLOYMENT FOR MIDDLE-AGED AND OLDER PERSONS; AND
(7) OTHER MANPOWER PROGRAMS CONDUCTED BY COMMUNITY-BASED
ORGANIZATIONS.
(B) TO THE MAXIMUM EXTENT FEASIBLE, PROGRAMS OR COMPONENTS OF
PROGRAMS CONDUCTED UNDER THIS SECTION SHALL BE LINKED TO COMPREHENSIVE
WORK AND TRAINING PROGRAMS CONDUCTED BY PRIME SPONSORS UNDER TITLE I OF
THIS ACT, BUT THE SECRETARY MAY PROVIDE FINANCIAL ASSISTANCE TO A PUBLIC
AGENCY OR PRIVATE ORGANIZATION OTHER THAN A PRIME SPONSOR TO CARRY OUT
ONE OR MORE COMPONENT PROGRAMS DESCRIBED IN SUBSECTION (A) WHEN HE
DETERMINES, AFTER SOLICITING AND CONSIDERING COMMENTS OF THE APPROPRIATE
PRIME SPONSOR, IF ANY, THAT SUCH ASSISTANCE WOULD ENHANCE PROGRAM
EFFECTIVENESS. IN THE CASE OF PROGRAMS UNDER SUBSECTION (A) (1) OF THIS
SECTION, FINANCIAL ASSISTANCE MAY BE PROVIDED DIRECTLY TO LOCAL OR STATE
EDUCATION AGENCIES, AFTER CONSULTATION WITH THE SECRETARY OF HEALTH,
EDUCATION, AND WELFARE, FOR THE OPERATION OF SUCH PROGRAMS.
SEC. 306. THE SECRETARY OF LABOR SHALL CONSULT WITH THE SECRETARY OF
HEALTH, EDUCATION, AND WELFARE, WITH RESPECT TO ARRANGEMENTS FOR
SERVICES OF A HEALTH, EDUCATION, OR WELFARE CHARACTER UNDER THIS ACT,
AND THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE SHALL SOLICIT THE
ADVICE AND COMMENTS OF STATE EDUCATIONAL AGENCIES WITH RESPECT TO
EDUCATION SERVICES. SUCH SERVICES INCLUDE BUT ARE NOT LIMITED TO BASIC
OR GENERAL EDUCATION; EDUCATIONAL PROGRAMS CONDUCTED FOR OFFENDERS;
INSTITUTIONAL TRAINING; HEALTH CARE, CHILD CARE AND OTHER SUPPORTIVE
SERVICES; AND NEW CAREERS AND JOB RESTRUCTURING IN THE HEALTH,
EDUCATION, AND WELFARE PROFESSIONS. WHEN THE SECRETARY OF LABOR
ARRANGES FOR THE PROVISION OF BASIC EDUCATION AND VOCATIONAL TRAINING
DIRECTLY, PURSUANT TO THE PROVISIONS OF THIS TITLE, HE SHALL OBTAIN THE
APPROVAL OF THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE FOR SUCH
ARRANGEMENTS.
SEC. 311. (A) TO ASSIST THE NATION IN EXPANDING WORK OPPORTUNITIES
AND ASSURING ACCESS TO THOSE OPPORTUNITIES FOR ALL WHO DESIRE IT, THE
SECRETARY SHALL ESTABLISH A COMPREHENSIVE PROGRAM OF MANPOWER RESEARCH
UTILIZING THE METHODS, TECHNIQUES, AND KNOWLEDGE OF THE BEHAVIORAL AND
SOCIAL SCIENCES AND SUCH OTHER METHODS, TECHNIQUES, AND KNOWLEDGE AS
WILL AID IN THE SOLUTION OF THE NATION'S MANPOWER PROBLEMS. THIS
PROGRAM WILL INCLUDE, BUT NOT BE LIMITED TO, STUDIES, THE FINDINGS OF
WHICH MAY CONTRIBUTE TO THE FORMULATION OF MANPOWER POLICY; DEVELOPMENT
OR IMPROVEMENT OF MANPOWER PROGRAMS; INCREASED KNOWLEDGE ABOUT LABOR
MARKET PROCESSES; REDUCATION OF UNEMPLOYMENT AND ITS RELATIONSHIPS TO
PRICE STABILITY; PROMOTION OF MORE EFFECTIVE MANPOWER DEVELOPMENT,
TRAINING, AND UTILIZATION; IMPROVED NATIONAL, REGIONAL, AND LOCAL MEANS
OF MEASURING FUTURE LABOR DEMAND AND SUPPLY; ENHANCEMENT OF JOB
OPPORTUNITIES; SKILL TRAINING TO QUALIFY EMPLOYEES FOR POSITIONS OF
GREATER SKILL, RESPONSIBILITY, AND REMUNERATION; MEETING OF MANPOWER
SHORTAGES; EASING OF THE TRANSITION FROM SCHOOL TO WORK, FROM ONE JOB
TO ANOTHER, AND FROM WORK TO RETIREMENT, OPPORTUNITIES AND SERVICES FOR
OLDER PERSONS WHO DESIRE TO ENTER OR REENTER THE LABOR FORCE, AND FOR
IMPROVEMENTS OF OPPORTUNITIES FOR EMPLOYMENT AND ADVANCEMENT THROUGH THE
REDUCTION OF DISCRIMINATION AND DISADVANTAGE ARISING FROM POVERTY,
IGNORANCE, OR PREJUDICE.
(B) THE SECRETARY SHALL ESTABLISH A PROGRAM OF EXPERIMENTAL,
DEVELOPMENTAL, DEMONSTRATION, AND PILOT PROJECTS, THROUGH GRANTS TO OR
CONTRACTS WITH PUBLIC OR PRIVATE NON-PROFIT ORGANIZATIONS, OR THROUGH
CONTRACTS WITH OTHER PRIVATE ORGANIZATIONS, FOR THE PURPOSE OF IMPROVING
TECHNIQUES AND DEMONSTRATING THE EFFECTIVENESS OF SPECIALIZED METHODS IN
MEETING THE MANPOWER, EMPLOYMENT, AND TRAINING PROBLEMS, HOWEVER,
NOTHING IN THIS SUBSECTION SHALL AUTHORIZE THE SECRETARY TO CARRY OUT
EMPLOYMENT PROGRAMS EXPERIMENTING WITH SUBSIDIZED WAGES IN THE PRIVATE
SECTOR OR WITH WAGES LESS THAN THOSE ESTABLISHED BY THE FAIR LABOR
STANDARDS ACT OF 1938, AS AMENDED, //52 STAT. 1060. 29 USC 201.// FOR
EMPLOYMENT SUBJECT TO THAT ACT. IN CARRYING OUT THIS SUBSECTION WITH
RESPECT TO PROGRAMS DESIGNED TO PROVIDE EMPLOYMENT AND TRAINING
OPPORTUNITIES FOR LOW-INCOME PEOPLE, THE SECRETARY SHALL CONSULT WITH
SUCH OTHER AGENCIES AS MAY BE APPROPRIATE. WHERE PROGRAMS UNDER THIS
SECTION REQUIRE INSTITUTIONAL TRAINING, APPROPRIATE ARRANGEMENTS FOR
SUCH TRAINING SHALL BE AGREED TO BY THE SECRETARY OF LABOR AND THE
SECRETARY OF HEALTH, EDUCATION, AND WELFARE.
(C) THE SECRETARY IS AUTHORIZED TO CONDUCT, EITHER DIRECTLY OR BY WAY
OF CONTRACT, GRANT, OR OTHER ARRANGEMENT, A THOROUGH EVALUATION OF ALL
PROGRAMS AND ACTIVITIES CONDUCTED PURSUANT TO THIS ACT TO DETERMINE THE
EFFECTIVENESS OF SUCH PROGRAMS AND ACTIVITIES IN MEETING THE SPECIAL
NEEDS OF DISADVANTAGED, CHRONICALLY UNEMPLOYED, AND LOW-INCOME PERSONS
FOR MEANINGFUL EMPLOYMENT OPPORTUNITIES AND SUPPORTIVE SERVICES TO
CONTINUE OR RESUME THEIR EDUCATION AND EMPLOYMENT AND TO BECOME MORE
RESPONSIBLE AND PRODUCTIVE CITIZENS.
(D) THE SECRETARY SHALL CONDUCT SUCH RESEARCH AND INVESTIGATIONS AS
GIVE PROMISE OF FURTHERING THE OBJECTIVES OF THIS ACT EITHER DIRECTLY OR
THROUGH GRANTS, CONTRACTS, OR OTHER ARRANGEMENTS.
SEC. 312. (A) THE SECRETARY SHALL DEVELOP A COMPREHENSIVE SYSTEM OF
LABOR MARKET INFORMATION ON A NATIONAL, STATE, LOCAL, OR OTHER
APPROPRIATE BASIS, WHICH SHALL BE MADE PUBLICLY AVAILABLE IN A TIMELY
FASHION.
(B) IN ADDITION TO THE MONTHLY NATIONAL UNEMPLOYMENT STATISTICS, THE
SECRETARY SHALL DEVELOP RELIABLE METHODS, INCLUDING THE USE OF SELECTED
SAMPLE SURVEYS, TO PRODUCE MORE STATISTICALLY ACCURATE DATA ON
UNEMPLOYMENT, UNDEREMPLOYMENT AND LABOR DEMAND BY STATE, LOCAL, AND
POVERTY AREAS.
(C) THE SECRETARY SHALL DEVELOP PRELIMINARY DATA FOR AN ANNUAL
STATISTICAL MEASURE OF LABOR MARKET RELATED ECONOMIC HARDSHIP IN THE
NATION. AMONG THE FACTORS TO BE CONSIDERED IN DEVELOPING SUCH A MEASURE
ARE UNEMPLOYMENT, LABOR FORCE PARTICIPATION, INVOLUNTARY PARTTIME
EMPLOYMENT, AND FULL-TIME EMPLOYMENT AT LESS THAN POVERTY WAGES.
(D) THE SECRETARY SHALL DEVELOP METHODS TO ESTABLISH AND MAINTAIN
MORE COMPREHENSIVE HOUSEHOLD BUDGET DATA AT DIFFERENT LEVELS OF LIVING,
INCLUDING A LEVEL OF ADEQUACY, TO REFLECT THE DIFFERENCES OF HOUSEHOLD
LIVING COSTS IN REGIONS AND LOCALITIES, BOTH URBAN AND RURAL.
(E) THE SECRETARY SHALL SET ASIDE, OUT OF SUMS AVAILABLE TO THE
DEPARTMENT FOR ANY FISCAL YEAR INCLUDING SUMS AVAILABLE UNDER SECTION 4
(E) OF THIS ACT, AN AMOUNT WHICH HE DETERMINES IS NECESSARY AND
APPROPRIATE TO ENABLE HIM TO CARRY OUT THE PROVISIONS OF THIS SECTION,
AND SHALL NO LATER THAN SIXTY DAYS AFTER SUCH SUMS ARE APPROPRIATED AND
MADE AVAILABLE NOTIFY THE APPROPRIATE COMMITTEES OF THE CONGRESS OF THE
AMOUNT SO SET ASIDE AND THE BASIS FOR HIS DETERMINATION OF NEED AND
APPROPRIATENESS.
(F) THE SECRETARY SHALL REPORT TO THE SENATE COMMITTEE ON LABOR AND
PUBLIC WELFARE AND TO THE HOUSE COMMITTEE ON EDUCATION AND LABOR THE
RESULTS OF HIS EFFORTS UNDER SUBSECTIONS (A), (B), AND (C) OF THIS
SECTION BY DECEMBER 31, 1974.
(G) THE SECRETARY SHALL ESTABLISH AND CARRY OUT A NATIONWIDE
COMPUTERIZED JOB BANK AND MATCHING PROGRAM (UTILIZING THE LISTING OF ALL
SUITABLE EMPLOYMENT OPENINGS WITH LOCAL OFFICES OF THE STATE EMPLOYMENT
SERVICE BY FEDERAL CONTRACTORS AND SUBCONTRACTORS AND PROVIDING FOR THE
SPECIAL EMPHASIS AS REQUIRED BY SECTION 2012 (A) OF TITLE 38, UNITED
STATES CODE) //86 STAT. 1097.// ON A REGIONAL, STATE, AND LOCAL BASIS,
USING ELECTRONIC DATA PROCESSING AND TELECOMMUNICATIONS SYSTEMS TO THE
MAXIMUM EXTENT POSSIBLE FOR THE PURPOSE OF IDENTIFYING SOURCES OF
AVAILABLE PERSONS AND JOB VACANCIES, PROVIDING AN EXPEDITIOUS MEANS OF
MATCHING THE QUALIFICATIONS OF UNEMPLOYED, UNDEREMPLOYED, AND
ECONOMICALLY DISADVANTAGED PERSONS WITH EMPLOYER REQUIREMENTS AND JOB
OPPORTUNITIES, AND REFERRING AND PLACING SUCH PERSONS IN JOBS.
SEC. 313. (A) THE SECRETARY SHALL PROVIDE FOR THE CONTINUING
EVALUATION OF ALL PROGRAMS AND ACTIVITIES CONDUCTED PURSUANT TO THIS
ACT, INCLUDING THEIR COST IN RELATION TO THEIR EFFECTIVENESS IN
ACHIEVING STATED GOALS, THEIR IMPACT ON COMMUNITIES AND PARTICIPANTS,
THEIR IMPLICATION FOR RELATED PROGRAMS, THE EXTENT TO WHICH THEY MEET
THE NEEDS OF PERSONS OF VARIOUS AGES, AND THE ADEQUACY OF THE MECHANISM
FOR THE DELIVERY OF SERVICES. IN CONDUCTING THE EVALUATIONS CALLED FOR
BY THIS SUBSECTION, THE SECRETARY SHALL COMPARE THE EFFECTIVENESS OF
PROGRAMS CONDUCTED BY PRIME SPONSORS OF THE SAME CLASS, OF DIFFERENT
CLASSES, AND SHALL COMPARE THE EFFECTIVENESS OF PROGRAMS CONDUCTED BY
PRIME SPONSORS WITH SIMILAR PROGRAMS CARRIED OUT BY THE SECRETARY UNDER
SECTION 110, OR UNDER TITLE III. HE SHALL ALSO ARRANGE FOR OBTAINING
THE OPINIONS OF PARTICIPANTS ABOUT THE STRENGTHS AND WEAKNESSES OF THE
PROGRAMS. //ANTE, PP. 848, 857.//
(B) IN ORDER TO ENABLE THE SECRETARY TO MEASURE THE RELATIVE AND,
WHERE PROGRAMS CAN BE COMPARED APPROPRIATELY, COMPARATIVE EFFECTIVENESS
OF PROGRAMS AUTHORIZED UNDER THIS ACT AND PART C OF TITLE IV OF THE
SOCIAL SECURITY ACT, //81 STAT. 884; 85 STAT. 805. 42 USC 630.// HE
SHALL REQUIRE THAT PERIODIC REPORTS BE SUBMITTED TO HIM. REPORTS
SUBMITTED UNDER THIS SUBSECTION SHALL CONTAIN DATA WHICH SHALL INCLUDE
INFORMATION ON--
(1) ENROLLEE CHARACTERISTICS, INCLUDING AGE, SEX, RACE, HEALTH,
EDUCATION LEVEL, AND PREVIOUS WAGE AND EMPLOYMENT EXPERIENCE;
(2) DURATION IN TRAINING AND EMPLOYMENT SITUATIONS, INCLUDING
INFORMATION ON THE DURATION OF EMPLOYMENT OF PROGRAM PARTICIPANTS
FOR AT LEAST A YEAR FOLLOWING THE TERMINATION OF FEDERALLY
ASSISTED PROGRAMS AND COMPARABLE INFORMATION ON OTHER EMPLOYEES OR
TRAINEES OF PARTICIPATING EMPLOYERS; AND
(3) TOTAL DOLLAR COST PER TRAINEE, INCLUDING BREAKDOWN BETWEEN
SALARY OR STIPEND, TRAINING AND SUPPORTIVE SERVICES, AND
ADMINISTRATIVE COSTS.
FROM THE INFORMATION RECEIVED PURSUANT TO THIS SECTION, THE SECRETARY
SHALL COMPILE THE INFORMATION ON A STATE, REGIONAL, AND NATIONAL BASIS.
(C) THE SECRETARY IS AUTHORIZED TO CARRY OUT A SPECIAL PROGRAM TO
DEMONSTRATE THE EFFICACY OF PROVIDING CERTIFICATES OR VOUCHERS TO
ECONOMICALLY DISADVANTAGED, UNEMPLOYED, AND UNDEREMPLOYED PERSONS
ENTITLING PRIVATE EMPLOYERS WHO PROVIDE EMPLOYMENT, TRAINING, AND
SERVICES TO EACH PERSON VOLUNTEERING TO PARTICIPATE IN SUCH PROGRAM TO
PAYMENT IN AMOUNTS EQUAL TO THE FACE VALUE OF THE CERTIFICATE FOR
SPECIFIED PERIODS OF TIME DURING WHICH EACH SUCH PERSON MAY NOT BE FULLY
PRODUCTIVE.
SEC. 314. THE SECRETARY, IN CONSULATION WITH APPROPRIATE DEPARTMENTS
AND AGENCIES OF THE FEDERAL GOVERNMENT, SHALL CONDUCT A CONTINUING STUDY
OF THE EXTENT TO WHICH ARTIFICIAL BARRIERS TO EMPLOYMENT AND OCCUPATION
ADVANCEMENT, INCLUDING CIVIL SERVICE REQUIREMENTS AND PRACTICES RELATING
THERETO, WITHIN AGENCIES CONDUCTING PROGRAMS UNDER THIS ACT, RESTRICT
THE OPPORTUNITIES FOR EMPLOYMENT AND ADVANCEMENT WITHIN SUCH AGENCIES
AND SHALL DEVELOP AND PROMULGATE GUIDELINES, BASED UPON SUCH STUDY,
SETTING FORTH RECOMMENDATIONS FOR TASK AND SKILL REQUIREMENTS FOR
SPECIFIC JOBS AND RECOMMENDED JOB DESCRIPTIONS AT ALL LEVELS OF
EMPLOYMENT, DESIGNED TO ENCOURAGE CAREER EMPLOYMENT AND OCCUPATIONAL
ADVANCEMENT WITHIN SUCH AGENCIES.
SEC. 315. THE SECRETARY, IN CONSULATION WITH THE SECRETARY OF
HEALTH, EDUCATION, AND WELFARE, AND OTHER APPROPRIATE OFFICIALS, WHERE
APPROPRIATE, SHALL PROVIDE DIRECTLY OR THROUGH GRANTS, CONTRACTS, OR
OTHER ARRANGEMENTS, PRESERVICE AND INSERVICE TRAINING FOR SPECIALIZED,
SUPPORTIVE, AND SUPERVISORY OR OTHER PERSONNEL AND TECHNICAL ASSISTANCE
WHICH IS NEEDED IN CONNECTION WITH THE PROGRAMS ESTABLISHED UNDER THIS
ACT.
PUBLIC LAW 93-202; 87 STAT. 838
TO POSTPONE THE IMPLEMENTATION OF THE HEADSTART FEE SCHEDULE.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE LAST SENTENCE
OF SECTION 222 (A) (1) OF THE ECONOMIC OPPORTUNITY ACT OF 1964 IS
AMENDED TO READ AS FOLLOWS: "THE SECRETARY SHALL DEFER THE
IMPLEMENTATION OF A FEE SCHEDULE ESTABLISHED UNDER THIS PARAGRAPH UNTIL
JULY 1, 1975.". //81 STAT. 698; 86 STAT. 690. 42 USC 2809.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 671 (COMM. ON EDUCATION AND LABOR).
CONGRESSIONAL RECORD, VOL. 119 (1973):
DEC. 3, CONSIDERED AND PASSED HOUSE. DEC. 18, CONSIDERED AND
PASSED SENATE.
PUBLIC LAW 93-201; 87 STAT. 838
TO AMEND SECTION 303 (B) OF THE INTERSTATE COMMERCE ACT TO
REMOVE CERTAIN RESTRICTIONS UPON THE APPLICATION AND SCOPE OF THE
EXEMPTION PROVIDED THEREIN, AND FOR OTHER PURPOSES.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 303 (B) OF
THE INTERSTATE COMMERCE ACT, AS AMENDED (49 U.S.C. 903 (B)), IS AMENDED
TO READ AS FOLLOWS: //84 STAT. 1587.//
"(B) NOTHING IN THIS PART SHALL APPLY TO THE TRANSPORTATION BY A
WATER CARRIER OF COMMODITIES IN BULK. THIS SUBSECTION SHALL APPLY ONLY
IN THE CASE OF COMMODITIES IN BULK WHICH ARE (IN ACCORDANCE WITH THE
EXISTING CUSTOM OF THE TRADE IN THE HANDLING AND TRANSPORTATION OF SUCH
COMMODITIES AS OF JUNE 1, 1939) LOADED AND CARRIED WITHOUT WRAPPERS OR
CONTAINERS AND RECEIVED AND DELIVERED BY THE CARRIER WITHOUT
TRANSPORTATION MARK OR COUNT. THIS SUBSECTION SHALL NOT APPLY TO
TRANSPORTATION SUBJECT, AT THE TIME THIS PART TAKES EFFECT, TO THE
PROVISIONS OF THE INTERCOASTAL SHIPPING ACT, 1933, AS AMENDED." //47
STAT. 1425.//
SEC. 2. SECTIONS 2 AND 3 OF THE ACT OF DECEMBER 28, 1970 (84 STAT.
1587), ARE HEREBY REPEALED. //46 USC 848. 49 USC 903.//
LEGISLATIVE HISTORY:
SENATE REPORT NO. 93 - 513 (COMM. ON COMMERCE).
CONGRESSIONAL RECORD, VOL. 119 (1973):
NOV. 16, CONSIDERED AND PASSED SENATE. DEC. 20, CONSIDERED AND
PASSED HOUSE.
PUBLIC LAW 93-200; 87 STAT. 838
TO AMEND SECTION 40B OF THE BANKRUPTCY ACT (11 U.S.C. 68 (B))
TO REMOVE THE RESTRICTION ON CHANGE OF SALARY OF FULL-TIME
REFEREES.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SUBDIVISION B OF
SECTION 40 OF THE BANKRUPTCY ACT (11 U.S.C. 68 (B)) IS AMENDED TO READ
AS FOLLOWS: //60 STAT. 326.//
"B. THE CONFERENCE, IN THE LIGHT OF THE RECOMMENDATIONS OF THE
COUNCILS, MADE AFTER ADVISING WITH THE DISTRICT JUDGES OF THEIR
RESPECTIVE CIRCUITS, AND OF THE DIRECTOR, MAY INCREASE OR DECREASE ANY
SALARY, WITHIN THE LIMITS PRESCRIBED IN SUBDIVISION A OF THIS SECTION,
IF THERE HAS BEEN A MATERIAL INCREASE OR DECREASE IN THE VOLUME OF
BUSINESS OR OTHER CHANGE IN THE FACTORS WHICH MAY BE CONSIDERED MATERIAL
IN FIXING SALARIES: PROVIDED, HOWEVER, THAT DURING THE TENURE OF ANY
FULL-TIME REFEREE HIS SALARY SHALL NOT BE REDUCED BELOW THAT AT WHICH HE
WAS ORIGINALLY APPOINTED UNDER THIS AMENDATORY ACT, AND DURING ANY TERM
OF ANY SUCH REFEREE HIS SALARY SHALL NOT BE REDUCED BELOW THE SALARY
FIXED FOR HIM AT THE BEGINNING OF THAT TERM."
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 610 (COMM. ON THE JUDICIARY).
SENATE REPORT NO. 93 - 610 (COMM. ON THE JUDICIARY).
CONGRESSIONAL RECORD, VOL. 119 (1973):
NOV. 6, CONSIDERED AND PASSED HOUSE. DEC. 12, CONSIDERED AND
PASSED SENATE.
PUBLIC LAW 93-199; 87 STAT. 836, EMERGENCY SECURITY ASSISTANCE ACT
OF 1973
TO PROVIDE EMERGENCY SECURITY ASSISTANCE AUTHORIZATIONS FOR
ISRAEL AND CAMBODIA.
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 "EMERGENCY SECURITY ASSISTANCE ACT OF 1973". .
SEC. 2. IN ADDITION TO SUCH AMOUNTS AS MAY BE OTHERWISE AUTHORIZED
TO BE APPROPRIATED TO THE PRESIDENT FOR SECURITY ASSISTANCE FOR THE
FISCAL YEAR 1974, THERE ARE HEREBY AUTHORIZED TO BE APPROPRIATED TO THE
PRESIDENT NOT TO EXCEED $2,200,000,000 FOR EMERGENCY MILITARY ASSISTANCE
OR FOREIGN SALES CREDITS, //87 STAT. 837// OR FOR BOTH AS THE PRESIDENT
MAY DETERMINE, FOR ISRAEL, OF WHICH SUM AMOUNTS IN EXCESS OF
$1,500,000,000 MAY E USED PURSUANT TO THIS SECTION OR SECTION 4 OF THIS
ACT ONLY IF THE PRESIDENT (1) DETERMINES IT TO BE IMPORTANT TO OUR
NATIONAL INTEREST THAT ISRAEL RECEIVE ASSISTANCE HEREUNDER EXCEEDING
$1,500,000,000, AND (2) REPORTS TO CONGRESS EACH SUCH DETERMINATION (IF
MORE THAN ONE) AT LEAST TWENTY DAYS PRIOR TO DATE ON WHICH FUNDS ARE
OBLIGATED OR EXPENDED UNDER THIS ACT IN EXCESS OF SUCH $1,500,000,000
LIMITATION. THE TWENTY-DAY REQUIREMENT CONTAINED IN THE PRECEDING
SENTENCE SHALL NOT APPLY IF HOSTILITIES ARE RENEWED IN THE MIDDLE EAST.
THE PRESIDENT SHALL INCLUDE IN HIS REPORT THE AMOUNT OF FUNDS TO BE USED
PURSUANT TO THE DETERMINATION, THE TERMS OF THE ADDITIONAL ASSISTANCE
UNDER SECTION 2 OR SECTION 4, AND THE JUSTIFICATION FOR THE
DETERMINATION. ALL INFORMATION CONTAINED IN THE JUSTIFICATION SHALL BE
PUBLIC INFORMATION EXCEPT TO THE EXTENT THAT THE PRESIDENT CONCLUDES
THAT PUBLICATION WOULD BE INCOMPATIBLE WITH THE SECURITY INTERESTS OF
THE UNITED STATES.
SEC. 3. MILITARY ASSISTANCE FURNISHED OUT OF FUNDS APPROPRIATED
UNDER SECTION 2 OF THIS ACT SHALL BE FURNISHED IN ACCORDANCE WITH ALL OF
THE PROVISIONS APPLICABLE TO MILITARY ASSISTANCE UNDER THE FOREIGN
ASSISTANCE ACT OF 1961 (75 STAT. 424; PUBLIC LAW 87 - 195), AS AMENDED,
//22 USC 2151 NOTE.// FOREIGN MILITARY SALES CREDITS EXTENDED TO ISRAEL
OUT OF SUCH FUNDS SHALL BE PROVIDED ON SUCH TERMS AND CONDITIONS AS THE
PRESIDENT MAY DETERMINE AND WITHOUT REGARD TO THE PROVISIONS OF THE
FOREIGN MILITARY SALES ACT (82 STAT. 1320; PUBLIC LAW 90 - 629), AS
AMENDED. //22 USC 2751 NOTE.//
SEC. 4. AT ANY TIME PRIOR TO JUNE 30, 1974, THE PRESIDENT IS HEREBY
AUTHORIZED, WITHIN THE LIMITS OF FUNDS APPROPRIATED UNDER SECTION 2 OF
THIS ACT FOR ISRAEL, TO RELEASE ISRAEL FROM ITS CONTRACTUAL LIABILITY TO
PAY FOR DEFENSE ARTICLES AND DEFENSE SERVICES PURCHASED OR FINANCED
UNDER THE SAID FOREIGN MILITARY SALES ACT OR UNDER THIS ACT DURING THE
PERIOD BEGINNING OCTOBER 6, 1973, AND ENDING JUNE 30, 1974, AND SUCH
FUNDS SHALL BE USED TO REIMBURSE CURRENT APPLICABLE APPROPRIATIONS,
FUNDS, AND ACCOUNTS OF THE DEPARTMENT OF DEFENSE FOR THE VALUE OF SUCH
DEFENSE ARTICLES AND DEFENSE SERVICES.
SEC. 5. THE SECRETARY OF DEFENSE SHALL CONDUCT A STUDY OF THE 1973
ARAB-ISRAELI CONFLICT TO ASCERTAIN THE EFFECTIVENESS OF THE FOREIGN
MILITARY ASSISTANCE PROGRAM AS IT RELATES TO THE MIDDLE EAST CONFLICT,
INCLUDING WEAPONS THAT THE UNITED STATES IS PROVIDING TO ISRAEL THROUGH
FOREIGN ASSISTANCE PROGRAMS, AND TO COMPARE THEM TO THE EFFECTIVENESS OF
THE WEAPONS WHICH THE SOVIET UNION IS PROVIDING TO THE ARAB STATES. IN
CONDUCTING SUCH STUDY AND SUBMITTING SUCH REPORT, THE SECRETARY SHALL
TAKE CARE NOT TO DISCLOSE, DIRECTLY OR INDIRECTLY, INTELLIGENCE SOURCES
OR METHODS OR CONFIDENTIAL INFORMATION RECEIVED FROM ANY OTHER NATION.
A REPORT OF THE CONCLUSIONS OF SUCH STUDY SHALL BE SUBMITTED TO THE
CONGRESS AS SOON AS PRACTICAL AND IN ANY CASE NOT LATER THAN DECEMBER
31, 1974.
SEC. 6. OF THE FUNDS APPROPRIATED PURSUANT TO SECTION 2, THE
PRESIDENT MAY USE SUCH SUMS AS MAY BE NECESSARY FROM TIME TO TIME FOR
PAYMENT BY THE UNITED STATES OF ITS SHARE OF THE EXPENSES OF THE UNITED
NATIONS EMERGENCY FORCE IN THE MIDDLE EAST, AS APPORTIONED BY THE UNITED
NATIONS IN ACCORDANCE WITH ARTICLE 17 OF THE UNITED NATIONS CHARTER.
//59 STAT. 1039.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 702 (COMM. ON FOREIGN AFFAIRS).
SENATE REPORT NO. 93 - 657 (COMM. ON FOREIGN RELATIONS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
DEC. 11, CONSIDERED AND PASSED HOUSE. DEC. 20, CONSIDERED AND
PASSED SENATE.
PUBLIC LAW 93-198; 87 STAT. 774, DISTRICT OF COLUMBIA
SELF-GOVERNMENT AND GOVERNMENTAL REORGANIZATION ACT (TITLES V-VII)
SEC. 501. (A) IT SHALL BE THE DUTY OF THE MAYOR IN PREPARING AN
ANNUAL BUDGET FOR THE GOVERNMENT OF THE DISTRICT TO DEVELOP MEANINGFUL
INTERCITY EXPENDITURE AND REVENUE COMPARISONS BASED ON DATA SUPPLIED BY
THE BUREAU OF THE CENSUS, AND TO IDENTIFY ELEMENTS OF COST AND BENEFITS
TO THE DISTRICT WHICH RESULT FROM THE UNUSUAL ROLE OF THE DISTRICT AS
THE NATION'S CAPITAL. THE RESULTS OF THE STUDIES CONDUCTED BY THE MAYOR
UNDER THIS SUBSECTION SHALL BE MADE AVAILABLE TO THE COUNCIL AND TO THE
FEDERAL OFFICE OF MANAGEMENT AND BUDGET FOR THEIR USE IN REVIEWING AND
REVISING THE MAYOR'S REQUEST WITH RESPECT TO THE LEVEL OF THE
APPROPRIATION FOR THE ANNUAL FEDERAL PAYMENT TO THE DISTRICT. SUCH
FEDERAL PAYMENT SHOULD OPERATE TO ENCOURAGE EFFORTS ON THE PART OF THE
GOVERNMENT OF THE DISTRICT TO MAINTAIN AND INCREASE ITS LEVEL OF
REVENUES AND TO SEEK SUCH EFFICIENCIES AND ECONOMIES IN THE MANAGEMENT
OF ITS PROGRAMS AS ARE POSSIBLE.
(B) THE MAYOR, IN STUDYING AND IDENTIFYING THE COSTS AND BENEFITS TO
THE DISTRICT BROUGHT ABOUT BY ITS ROLE AS THE NATION'S CAPITAL, SHOULD
TO THE EXTENT FEASIBLE, AMONG OTHER ELEMENTS, CONSIDER--
(1) REVENUES UNOBTAINABLE BECAUSE OF THE RELATIVE LACK OF
TAXABLE COMMERCIAL AND INDUSTRIAL PROPERTY;
(2) REVENUES UNOBTAINABLE BECAUSE OF THE RELATIVE LACK OF
TAXABLE BUSINESS INCOME;
(3) POTENTIAL REVENUES THAT WOULD BE REALIZED IF EXEMPTIONS
FROM DISTRICT TAXES WERE ELIMINATED;
(4) NET COSTS, IF ANY, AFTER CONSIDERING OTHER COMPENSATION FOR
TAX BASE DEFICIENCIES AND DIRECT AND INDIRECT TAXES PAID, OF
PROVIDING SERVICES TO TAX-EXEMPT NONPROFIT ORGANIZATIONS AND
CORPORATE OFFICES DOING BUSINESS ONLY WITH THE FEDERAL GOVERNMENT;
(5) RECURRING AND NONRECURRING COSTS OF UNREIMBURSED SERVICES
TO THE FEDERAL GOVERNMENT;
(6) OTHER EXPENDITURE REQUIREMENTS PLACED ON THE DISTRICT BY
THE FEDERAL GOVERNMENT WHICH ARE UNIQUE TO THE DISTRICT;
(7) BENEFITS OF FEDERAL GRANTS-IN-AID RELATIVE TO AID GIVEN
OTHER STATES AND LOCAL GOVERNMENTS;
(8) RECURRING AND NONRECURRING COSTS OF UNREIMBURSED SERVICES
RENDERED THE DISTRICT BY THE FEDERAL GOVERNMENT; AND
(9) RELATIVE TAX BURDEN ON DISTRICT RESIDENTS COMPARED TO THAT
OF RESIDENTS IN OTHER JURISDICTIONS IN THE WASHINGTON, DISTRICT OF
COLUMBIA, METROPOLITAN AREA AND IN OTHER CITIES OF COMPARABLE
SIZE.
(C) THE MAYOR SHALL SUBMIT HIS REQUEST, WITH RESPECT TO THE AMOUNT OF
AN ANNUAL FEDERAL PAYMENT, TO THE COUNCIL. THE COUNCIL SHALL BY ACT
APPROVE, DISAPPROVE, OR MODIFY THE MAYOR'S REQUEST. AFTER THE ACTION OF
THE COUNCIL, THE MAYOR SHALL, BY DECEMBER 1 OF EACH CALENDAR YEAR, IN
ACCORDANCE WITH THE PROVISIONS IN THE BUDGET AND ACCOUNTING ACT, 1921
(31 U.S.C. 2), //42 STAT. 20; 84 STAT. 2085.// SUBMIT SUCH REQUEST TO
THE PRESIDENT FOR SUBMISSION TO THE CONGRESS. EACH REQUEST REGARDING AN
ANNUAL FEDERAL PAYMENT SHALL BE SUBMITTED TO THE PRESIDENT SEVEN MONTHS
PRIOR TO THE BEGINNING OF THE FISCAL YEAR FOR WHICH SUCH REQUEST IS MADE
AND SHALL INCLUDE A REQUEST FOR AN ANNUAL FEDERAL PAYMENT FOR THE NEXT
FOLLOWING FISCAL YEAR.
SEC. 502. //87 STAT. 813// NOTWITHSTANDING ANY OTHER PROVISION OF
LAW, THERE IS AUTHORIZED TO BE APPROPRIATED AS THE ANNUAL FEDERAL
PAYMENT TO THE DISTRICT OF COLUMBIA FOR THE FISCAL YEAR ENDING JUNE 30,
1975, THE SUM OF $230,000,000; FOR THE FISCAL YEAR ENDING JUNE 30,
1976, THE SUM OF $254,000,000; FOR THE FISCAL YEAR ENDING JUNE 30,
1977, THE SUM OF $280,000,000; FOR THE FISCAL YEAR ENDING JUNE 30,
1978, AND FOR EACH FISCAL YEAR THEREAFTER, THE SUM OF $300,000,000.
SEC. 601. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, THE
CONGRESS OF THE UNITED STATES RESERVES THE RIGHT, AT ANY TIME, TO
EXERCISE ITS CONSTITUTIONAL AUTHORITY AS LEGISLATURE FOR THE DISTRICT,
BY ENACTING LEGISLATION FOR THE DISTRICT ON ANY SUBJECT, WHETHER WITHIN
OR WITHOUT THE SCOPE OF LEGISLATIVE POWER GRANTED TO THE COUNCIL BY THIS
ACT, INCLUDING LEGISLATION TO AMEND OR REPEAL ANY LAW IN FORCE IN THE
DISTRICT PRIOR TO OR AFTER ENACTMENT OF THIS ACT AND ANY ACT PASSED BY
THE COUNCIL.
SEC. 602. (A) THE COUNCIL SHALL HAVE NO AUTHORITY TO PASS ANY ACT
CONTRARY TO THE PROVISIONS OF THIS ACT EXCEPT AS SPECIFICALLY PROVIDED
IN THIS ACT, OR TO--
(1) IMPOSE ANY TAX ON PROPERTY OF THE UNITED STATES OR ANY OF
THE SEVERAL STATES;
(2) LEND THE PUBLIC CREDIT FOR SUPPORT OF ANY PRIVATE
UNDERTAKING;
(3) ENACT ANY ACT, OR ENACT ANY ACT TO AMEND OR REPEAL ANY ACT
OF CONGRESS, WHICH CONCERNS THE FUNCTIONS OR PROPERTY OF THE
UNITED STATES OR WHICH IS NOT RESTRICTED IN ITS APPLICATION
EXCLUSIVELY IN OR TO THE DISTRICT;
(4) ENACT ANY ACT, RESOLUTION, OR RULE WITH RESPECT TO ANY
PROVISION OF TITLE II OF THE DISTRICT OF COLUMBIA CODE (RELATING
TO ORGANIZATION AND JURISDICTION OF THE DISTRICT OF COLUMBIA
COURTS); //D.C. CODE 11 - 101.//
(5) IMPOSE ANY TAX ON THE WHOLE OR ANY PORTION OF THE PERSONAL
INCOME, EITHER DIRECTLY OR AT THE SOURCE THEREOF, OF ANY
INDIVIDUAL NOT A RESIDENT OF THE DISTRICT (THE TERMS 'INDIVIDUAL'
AND "RESIDENT" TO BE UNDERSTOOD FOR THE PURPOSES OF THIS PARAGRAPH
AS THEY ARE DEFINED IN SECTION 4 OF TITLE 1 OF THE DISTRICT OF
COLUMBIA INCOME AND FRANCHISE TAX ACT OF 1947); //61 STAT. 332;
83 STAT. 176.//
(6) ENACT ANY ACT, RESOLUTION, OR RULE WHICH PERMITS THE
BUILDING OF ANY STRUCTURE WITHIN THE DISTRICT OF COLUMBIA IN
EXCESS OF THE HEIGHT LIMITATIONS CONTAINED IN SECTION 5 OF THE ACT
OF JUNE 1, 1910 (D.C. CODE. SEC. 5 - 405), AND IN EFFECT ON THE
DATE OF ENACTMENT OF THIS ACT; //D.C. CODE 47 - 1551C. 36 STAT.
452; 75 STAT. 583.//
(7) ENACT ANY ACT, RESOLUTION, OR REGULATION WITH RESPECT TO
THE COMMISSION ON MENTAL HEALTH;
(8) ENACT ANY ACT OR REGULATION RELATING TO THE UNITED STATES
DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR ANY OTHER COURT OF
THE UNITED STATES IN THE DISTRICT OTHER THAN THE DISTRICT COURTS,
OR RELATING TO THE DUTIES OR POWERS OF THE UNITED STATES ATTORNEY
OR THE UNITED STATES MARSHAL FOR THE DISTRICT OF COLUMBIA; OR
(9) ENACT ANY ACT, RESOLUTION, OR RULE WITH RESPECT TO ANY
PROVISION OF TITLE 23 OF THE DISTRICT OF COLUMBIA CODE (RELATING
TO CRIMINAL PROCEDURE), //D.C. CODE 23 - 101.// OR WITH RESPECT TO
ANY PROVISION OF ANY LAW CODIFIED IN TITLE 22 OR 24 OF THE
DISTRICT OF COLUMBIA CODE (RELATING TO CRIMES AND TREATMENT OF
PRISONERS) //87 STAT. 814// DURING THE TWENTY-FOUR FULL CALENDAR
MONTHS IMMEDIATELY FOLLOWING THE DAY ON WHICH THE MEMBERS OF THE
COUNCIL FIRST ELECTED PURSUANT TO THIS ACT TAKE OFFICE. //D.C.
CODE 22 - 101, 24 - 101.//
(B) NOTHING IN THIS ACT SHALL BE CONSTRUED AS VESTING IN THE DISTRICT
GOVERNMENT ANY GREATER AUTHORITY OVER THE NATIONAL ZOOLOGICAL PARK, THE
NATIONAL GUARD OF THE DISTRICT OF COLUMBIA, THE WASHINGTON AQUEDUCT, THE
NATIONAL CAPITAL PLANNING COMMISSION, OR, EXCEPT AS OTHERWISE
SPECIFICALLY PROVIDED IN THIS ACT, OVER ANY FEDERAL AGENCY, THAN WAS
VESTED IN THE COMMISSIONER PRIOR TO THE EFFECTIVE DATE OF TITLE IV OF
THIS ACT. //POST, P. 836.//
(C) (1) EXCEPT ACTS OF THE COUNCIL WHICH ARE SUBMITTED TO THE
PRESIDENT IN ACCORDANCE WITH THE BUDGET AND ACCOUNTING ACT, 1921, //42
STAT. 20.// ANY ACT WHICH THE COUNCIL DETERMINES ACCORDING TO SECTION
412(A), //31 USC 1.// SHOULD TAKE EFFECT IMMEDIATELY BECAUSE OF
EMERGENCY CIRCUMSTANCES, AND ACTS PROPOSING AMENDMENTS TO TITLE IV OF
THIS ACT, //ANTE, P. 788.// THE CHAIRMAN OF THE COUNCIL SHALL TRANSMIT
TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND THE PRESIDENT OF THE
SENATE A COPY OF EACH ACT PASSED BY THE COUNTIL AND SIGNED BY THE MAYOR,
OR VETOED BY THE MAYOR AND REPASSED BY TWO-THIRDS OF THE COUNCIL PRESENT
AND VOTING (AND WITH RESPECT TO WHICH THE PRESIDENT HAS NOT SUSTAINED
THE MAYOR'S VETO), AND EVERY ACT PASSED BY THE COUNCIL AND ALLOWED TO
BECOME EFFECTIVE BY THE MAYOR WITHOUT HIS SIGNATURE. EXCEPT AS PROVIDED
IN PARAGRAPH (2), NO SUCH ACT SHALL TAKE EFFECT UNTIL THE END OF THE
30-DAY PERIOD (EXCLUDING SATURDAYS, SUNDAYS, AND HOLIDAYS, AND ANY DAY
ON WHICH EITHER HOUSE IS NOT IN SESSION) BEGINNING ON THE DAY SUCH ACT
IS TRANSMITTED BY THE CHAIRMAN TO THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES AND THE PRESIDENT OF THE SENATE AND THEN ONLY IF DURING
SUCH 30-DAY PERIOD BOTH HOUSES OF CONGRESS DO NOT ADOPT A CONCURRENT
RESOLUTION DISAPPROVING SUCH ACT. THE PROVISIONS OF SECTION 604, EXCEPT
SUBSECTIONS (D), (E), AND (F) OF SUCH SECTION, SHALL APPLY WITH RESPECT
TO ANY CONCURRENT RESOLUTION DISAPPROVING ANY ACT PURSUANT TO THIS
PARAGRAPH.
(2) IN THE CASE OF ANY SUCH ACT TRANSMITTED BY THE CHAIRMAN WITH
RESPECT TO ANY ACT CODIFIED IN TITLES 22, 23, OR 24 OF THE DISTRICT OF
COLUMBIA CODE, //D.C. CODE 22 - 101 TO 24 - 101.// SUCH ACT SHALL TAKE
EFFECT AS THE END OF THE 30-DAY PERIOD BEGINNING ON THE DAY SUCH ACT IS
TRANSMITTED BY THE CHAIRMAN TO THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES AND THE PRESIDENT OF THE SENATE ONLY IF DURING SUCH
30-DAY PERIOD ONE HOUSE OF CONGRESS DOES NOT ADOPT A RESOLUTION
DISAPPROVING SUCH ACT. THE PROVISIONS OF SECTION 604, RELATING TO AN
EXPEDITED PROCEDURE FOR CONSIDERATION OF RESOLUTIONS, SHALL APPLY TO A
SIMPLE RESOLUTION DISAPPROVING SUCH ACT AS SPECIFIED IN THIS PARAGRAPH.
BORROWING AND SPENDING
SEC. 603. (A) NOTHING IN THIS ACT SHALL BE CONSTRUED AS MAKING ANY
CHANGE IN EXISTING LAW, REGULATION, OR BASIC PROCEDURE AND PRACTICE
RELATING TO THE RESPECTIVE ROLES OF THE CONGRESS, THE PRESIDENT, THE
FEDERAL OFFICE OF MANAGEMENT AND BUDGET, AND THE COMPTROLLER GENERAL OF
THE UNITED STATES IN THE PREPARATION, REVIEW, SUBMISSION, EXAMINATION,
AUTHORIZATION, AND APPROPRIATION OF THE TOTAL BUDGET OF THE DISTRICT OF
COLUMBIA GOVERNMENT.
(B) (1) NO GENERAL OBLIGATION BONDS (OTHER THAN BONDS TO REFUND
OUTSTANDING INDEBTEDNESS) OR TREASURY CAPITAL PROJECT LOANS SHALL BE
ISSUED DURING ANY FISCAL YEAR IN AN AMOUNT WHICH WOULD CAUSE THE AMOUNT
OF PRINCIPAL AND INTEREST REQUIRED TO BE PAID BOTH SERIALLY AND INTO A
SINKING FUND IN ANY FISCAL YEAR ON THE AGGREGATE AMOUNTS OF ALL
OUTSTANDING GENERAL OBLIGATION BONDS AND SUCH TREASURY LOANS, TO EXCEED
14 PER CENTUM OF THE DISTRICT REVENUES (LESS COURT FEES, ANY FEES OR
REVENUES DIRECTED TO SERVICING REVENUE BONDS, //87 STAT. 815//
RETIREMENT CONTRIBUTIONS, REVENUES FROM RETIREMENT SYSTEMS, AND REVENUES
DERIVED FROM SUCH TREASURY LOANS AND THE SALE OF GENERAL OBLIGATION OR
REVENUE BONDS) WHICH THE MAYOR ESTIMATES, AND THE DISTRICT OF COLUMBIA
AUDITOR CERTIFIES, WILL BE CREDITED TO THE DISTRICT DURING THE FISCAL
YEAR IN WHICH THE BONDS WILL BE ISSUED. TREASURY CAPITAL PROJECT LOANS
INCLUDE ALL BORROWINGS FROM THE UNITED STATES TREASURY, EXCEPT THOSE
FUNDS ADVANCED TO THE DISTRICT BY THE SECRETARY OF THE TREASURY UNDER
THE PROVISIONS OF SECTION 2501, TITLE 47 OF THE DISTRICT OF COLUMBIA
CODE, AS AMENDED. //50 STAT. 692; 58 STAT. 533.//
(2) OBLIGATIONS INCURRED PURSUANT TO THE AUTHORITY CONTAINED IN THE
DISTRICT OF COLUMBIA STADIUM ACT OF 1957 (71 STAT. 619; D.C. CODE TITLE
2, CHAPTER 17, SUBCHAPTER II), //D.C. CODE 2 - 1720.// AND OBLIGATIONS
INCURRED BY THE AGENCIES TRANSFERRED OR ESTABLISHED BY SECTIONS 201 AND
202, //ANTE, P. 778.// WHETHER INCURRED BEFORE OR AFTER SUCH TRANSFER OR
ESTABLISHMENT, SHALL NOT BE INCLUDED IN DETERMINING THE AGGREGATE AMOUNT
OF ALL OUTSTANDING OBLIGATIONS SUBJECT TO THE LIMITATION SPECIFIED IN
THE PRECEDING SUBSECTION.
(3) THE 14 PER CENTUM LIMITATION SPECIFIED IN PARAGRAPH (1) SHALL BE
CALCULATED IN THE FOLLOWING MANNER:
(A) DETERMINE THE DOLLAR AMOUNT EQUIVALENT TO 14 PERCENT OF THE
DISTRICT REVENUES (LESS COURT FEES, ANY FEES OR REVENUES DIRECTED
TO SERVICING REVENUE BONDS, RETIREMENT CONTRIBUTIONS, REVENUES
FROM RETIREMENT SYSTEMS, AND REVENUES DERIVED FROM SUCH TREASURY
LOANS AND THE SALE OF GENERAL OBLIGATION OR REVENUE BONDS) WHICH
THE MAYOR ESTIMATES, AND THE DISTRICT OF COLUMBIA AUDITOR
CERTIFIES, WILL BE CREDITED TO THE DISTRICT DURING THE FISCAL YEAR
FOR WHICH THE BONDS WILL BE ISSUED.
(B) DETERMINE THE ACTUAL TOTAL AMOUNT OF PRINCIPAL AND INTEREST
TO BE PAID IN EACH FISCAL YEAR FOR ALL OUTSTANDING GENERAL
OBLIGATION BONDS AND SUCH TREASURY LOANS.
(C) DETERMINE THE AMOUNT OF PRINCIPAL AND INTEREST TO BE PAID
DURING EACH FISCAL YEAR OVER THE TERM OF THE PROPOSED GENERAL
OBLIGATION BOND OR SUCH TREASURY LOAN TO BE ISSUED.
(D) IF IN ANY ONE FISCAL YEAR THE SUM ARRIVED AT BY ADDING
SUBPARAGRAPHS (B) AND (C) EXCEEDS THE AMOUNT DETERMINED UNDER
SUBPARAGRAPH (A), THEN THE PROPOSED GENERAL OBLIGATION BONDS OR
SUCH TREASURY LOAN IN SUBPARAGRAPH (C) CANNOT BE ISSUED.
(C) THE COUNCIL SHALL NOT APPROVE ANY BUDGET WHICH WOULD RESULT IN
EXPENDITURES BEING MADE BY THE DISTRICT GOVERNMENT, DURING ANY FISCAL
YEAR, IN EXCESS OF ALL RESOURCES WHICH THE MAYOR ESTIMATES WILL BE
AVAILABLE FROM ALL FUNDS AVAILABLE TO THE DISTRICT FOR SUCH FISCAL YEAR.
THE BUDGET SHALL IDENTIFY ANY TAX INCREASES WHICH SHALL BE REQUIRED IN
ORDER TO BALANCE THE BUDGET AS SUBMITTED. THE COUNCIL SHALL BE REQUIRED
TO ADOPT SUCH TAX INCREASES TO THE EXTENT ITS BUDGET IS APPROVED. FOR
THE PURPOSES OF THIS SECTION, THE COUNCIL SHALL USE A FEDERAL PAYMENT
AMOUNT NOT TO EXCEED THE AMOUNT AUTHORIZED BY CONGRESS. IN DETERMINING
WHETHER ANY SUCH BUDGET WOULD RESULT IN EXPENDITURES SO BEING MADE IN
EXCESS OF SUCH RESOURCES, AMOUNTS INCLUDED IN THE BUDGET ESTIMATES OF
THE DISTRICT OF COLUMBIA COURTS IN EXCESS OF THE RECOMMENDATIONS OF THE
COUNCIL SHALL NOT BE APPLICABLE.
(D) THE MAYOR SHALL NOT FORWARD TO THE PRESIDENT FOR SUBMISSION TO
CONGRESS A BUDGET WHICH IS NOT BALANCED ACCORDING TO THE PROVISIONS OF
SUBSECTION 603(C).
(E) NOTHING IN THIS ACT SHALL BE CONSTRUED AS AFFECTING THE
APPLICABILITY TO THE DISTRICT GOVERNMENT OF THE PROVISIONS OF SECTION
3679 OF THE REVISED STATUTES OF THE UNITED STATES (31 U.S.C. 665), THE
SO-CALLED ANTI-DEFICIENCY ACT.
SEC. 604. (A) //87 STAT. 816// THIS SECTION IS ENACTED BY CONGRESS--
(1) AS AN EXERCISE OF THE RULEMAKING POWER OF THE SENATE AND
THE HOUSE OF REPRESENTATIVES, RESPECTIVELY, AND AS SUCH THESE
PROVISIONS ARE DEEMED A PART OF THE RULE OF EACH HOUSE,
RESPECTIVELY, BUT APPLICABLE ONLY WITH RESPECT TO THE PROCEDURE TO
BE FOLLOWED IN THAT HOUSE IN THE CASE OF RESOLUTIONS DESCRIBED BY
THIS SECTION; AND THEY SUPERSEDE OTHER RULES ONLY TO THE EXTENT
THAT THEY ARE INCONSISTENT THEREWITH; AND
(2) WITH FULL RECOGNITION OF THE CONSTITUTIONAL RIGHT OF EITHER
HOUSE TO CHANGE THE RULE (SO FAR AS RELATING TO THE PROCEDURE OF
THAT HOUSE) AT ANY TIME, IN THE SAME MANNER AND TO THE SAME EXTENT
AS IN THE CASE OF ANY OTHER RULE OF THAT HOUSE.
(B) FOR THE PURPOSE OF THIS SECTION, "RESOLUTION" MEANS ONLY A
CONCURRENT RESOLUTION, THE MATTER AFTER THE RESOLVING CLAUSE OF WHICH IS
AS FOLLOWS: "THAT THE -- APPROVES/DISAPPROVES OF THE ACTION OF THE
DISTRICT OF COLUMBIA COUNCIL DESCRIBED AS FOLLOWS: --.", THE BLANK
SPACES THEREIN BEING APPROPRIATELY FILLED, AND EITHER APPROVAL OR
DISAPPROVAL BEING APPROPRIATELY INDICATED; BUT DOES NOT INCLUDE A
RESOLUTION WHICH SPECIFIES MORE THAN ONE ACTION.
(C) A RESOLUTION WITH RESPECT TO COUNCIL ACTION SHALL BE REFERRED TO
THE COMMITTEE ON THE DISTRICT OF COLUMBIA OF THE HOUSE OF
REPRESENTATIVES, OR THE COMMITTEE ON THE DISTRICT OF COLUMBIA OF THE
SENATE, BY THE PRESIDENT OF THE SENATE OR THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES, AS THE CASE MAY BE.
(D) IF THE COMMITTEE TO WHICH A RESOLUTION HAS BEEN REFERRED HAS NOT
REPORTED IT AT THE END OF TWENTY CALENDAR DAYS AFTER ITS INTRODUCTION,
IT IS IN ORDER TO MOVE TO DISCHARGE THE COMMITTEE FROM FURTHER
CONSIDERATION OF ANY OTHER RESOLUTION WITH RESPECT TO THE SAME COUNCIL
ACTION WHICH HAS BEEN REFERRED TO THE COMMITTEE.
(E) A MOTION TO DISCHARGE MAY BE MADE ONLY BY AN INDIVIDUAL FAVORING
THE RESOLUTION, IS HIGHLY PRIVILEGED (EXCEPT THAT IT MAY NOT BE MADE
AFTER THE COMMITTEE HAS REPORTED A RESOLUTION WITH RESPECT TO THE SAME
ACTION), AND DEBATE THEREON SHALL BE LIMITED TO NOT MORE THAN ONE HOUR,
TO BE DIVIDED EQUALLY BETWEEN THOSE FAVORING AND THOSE OPPOSING THE
RESOLUTION. AN AMENDMENT TO THE MOTION IS NOT IN ORDER, AND IT IS NOT
IN ORDER TO MOVE TO RECONSIDER THE VOTE BY WHICH THE MOTION IS AGREED TO
OR DISAGREED TO.
(F) IF THE MOTION TO DISCHARGE IS AGREED TO OR DISAGREED TO, THE
MOTION MAY NOT BE RENEWED, NOR MAY ANOTHER MOTION TO DISCHARGE THE
COMMITTEE BE MADE WITH RESPECT TO ANY OTHER RESOLUTION WITH RESPECT TO
THE SAME ACTION.
(G) WHEN THE COMMITTEE HAS REPORTED, OR HAS BEEN DISCHARGED FROM
FURTHER CONSIDERATION OF, A RESOLUTION, IT IS AT ANY TIME THEREAFTER IN
ORDER (EVEN THOUGH A PREVIOUS MOTION TO THE SAME EFFECT HAS BEEN
DISAGREED TO) TO MOVE TO PROCEED TO THE CONSIDERATION OF THE RESOLUTION.
THE MOTION IS HIGHLY PRIVILEGED AND IS NOT DEBATABLE. AN AMENDMENT TO
THE MOTION IS NOT IN ORDER, AND IT IS NOT IN ORDER TO MOVE TO RECONSIDER
THE VOTE BY WHICH THE MOTION IS AGREED TO OR DISAGREED TO.
(H) DEBATE ON THE RESOLUTION SHALL BE LIMITED TO NOT MORE THAN TEN
HOURS, WHICH SHALL BE DIVIDED EQUALLY BETWEEN THOSE FAVORING AND THOSE
OPPOSING THE RESOLUTION. A MOTION FURTHER TO LIMIT DEBATE IS NOT
DEBATABLE. AN AMENDMENT TO, OR MOTION TO RECOMMIT, THE RESOLUTION IS
NOT IN ORDER, AND IT IS NOT IN ORDER TO MOVE TO RECONSIDER THE VOTE BY
WHICH THE RESOLUTION IS AGREED TO OR DISAGREED TO.
(I) MOTIONS TO POSTPONE MADE WITH RESPECT TO THE DISCHARGE FROM
COMMITTEE OR THE CONSIDERATION OF A RESOLUTION, AND MOTIONS TO PROCEED
TO THE CONSIDERATION OF OTHER BUSINESS, SHALL BE DECIDED WITHOUT DEBATE.
(J) APPEALS FROM THE DECISIONS OF THE CHAIR RELATING TO THE
APPLICATION OF THE RULES OF THE SENATE OR THE HOUSE OF REPRESENTATIVES,
AS THE CASE MAY BE, TO THE PROCEDURE RELATING TO A RESOLUTION SHALL BE
DECIDED WITHOUT DEBATE. //87 STAT. 817//
GOVERNMENT; TEMPORARY PROVISIONS;
MISCELLANEOUS; AMENDMENTS TO DISTRICT
OF COLUMBIA ELECTION ACT; RULES OF
CONSTRUCTION; AND EFFECTIVE DATES
SEC. 701. ON A DATE TO BE FIXED BY THE BOARD OF ELECTIONS, NOT MORE
THAN FIVE MONTHS AFTER THE DATE OF ENACTMENT OF THIS ACT, A REFERENDUM
(IN THIS PART REFERRED TO AS THE "CHARTER REFERENDUM") SHALL BE
CONDUCTED TO DETERMINE WHETHER THE REGISTERED QUALIFIED ELECTORS OF THE
DISTRICT ACCEPT THE CHARTER SET FORTH AS TITLE IV OF THIS ACT. //ANTE,
P. 785.//
SEC. 702. (A) THE BOARD OF ELECTIONS SHALL CONDUCT THE CHARTER
REFERENDUM AND CERTIFY THE RESULTS THEREOF AS PROVIDED IN THIS PART.
(B) NOTWITHSTANDING THE FACT THAT SUCH SECTION DOES NOT OTHERWISE
TAKE EFFECT UNLESS THE CHARTER IS ACCEPTED UNDER THIS TITLE, THE
APPLICABLE PROVISIONS OF PART E OF TITLE VII OF THIS ACT SHALL GOVERN
THE BOARD OF ELECTIONS IN THE PERFORMANCE OF ITS DUTIES UNDER THIS ACT.
//POST, P. 832.//
SEC. 703. (A) THE CHARTER REFERENDUM BALLOT SHALL CONTAIN THE
FOLLOWING, WITH A BLANK SPACE APPROPRIATELY FILLED:
"THE DISTRICT OF COLUMBIA SELF-GOVERNMENT AND GOVERNMENTAL
REORGANIZATION ACT, ENACTED --, PROPOSES TO ESTABLISH A CHARTER
FOR THE GOVERNANCE OF THE DISTRICT OF COLUMBIA, BUT PROVIDES THAT
THE CHARTER SHALL TAKE EFFECT ONLY IF IT IS ACCEPTED BY A MAJORITY
OF THE REGISTERED QUALIFIED VOTERS OF THE DISTRICT VOTING ON THIS
ISSUE.
"INDICATE IN ONE OF THE SQUARES PROVIDED BELOW WHETHER YOU ARE
FOR OR AGAINST THE CHARTER.
"SQUARE FOR THE CHARTER
"SQUARE AGAINST THE CHARTER.
"IN ADDITION, THE ACT REFERRED TO ABOVE AUTHORIZES THE
ESTABLISHMENT OF ADVISORY NEIGHBORHOOD COUNCILS IF A MAJORITY OF
THE REGISTERED QUALIFIED VOTERS IN THE DISTRICT VOTE FOR SUCH
COUNCILS.
"INDICATE IN ONE OF THE SQUARES BELOW WHETHER YOU ARE FOR OR
AGAINST THE ESTABLISHMENT OF ADVISORY NEIGHBORHOOD COUNCILS.
"SQUARE FOR ADVISORY NEIGHBORHOOD COUNCILS
"SQUARE AGAINST ADVISORY NEIGHBORHOOD COUNCILS.".
(B) VOTING MAY BE BY PAPER BALLOT OR BY VOTING MACHINE. THE BOARD OF
ELECTIONS MAY MAKE SUCH CHANGES IN THE SECOND AND FOURTH PARAGRAPHS OF
THE CHARTER REFERENDUM BALLOT AS IT DETERMINES TO BE NECESSARY TO PERMIT
THE USE OF VOTING MACHINES IF SUCH MACHINES ARE USED.
(C) NOT LESS THAN FIVE DAYS BEFORE THE DATE OF THE CHARTER REFERENDUM
THE BOARD OF ELECTIONS SHALL MAIL TO EACH REGISTERED QUALIFIED ELECTOR
(1) A SAMPLE OF THE CHARTER REFERENDUM BALLOT, AND (2) INFORMATION
SHOWING THE POLLING PLACE OF SUCH ELECTOR AND THE DATE AND HOURS OF
VOTING. //87 STAT. 818//
(D) NOT LESS THAN ONE DAY BEFORE THE CHARTER REFERENDUM, THE BOARD OF
ELECTIONS SHALL PUBLISH, IN ONE OR MORE NEWSPAPERS OF GENERAL
CIRCULATION PUBLISHED IN THE DISTRICT, A LIST OF THE POLLING PLACES AND
THE DATE AND HOURS OF VOTING.
SEC. 704. (A) IF A MAJORITY OF THE REGISTERED QUALIFIED ELECTORS
VOTING IN THE CHARTER REFERENDUM VOTE FOR THE CHARTER, THE CHARTER SHALL
BE CONSIDERED ACCEPTED AS OF THE TIME THE BOARD OF ELECTIONS CERTIFIES
THE RESULT OF THE CHARTER REFERENDUM TO THE PRESIDENT OF THE UNITED
STATES, AS PROVIDED IN SUBSECTION (B).
(B) THE BOARD OF ELECTIONS SHALL, WITHIN A REASONABLE TIME, BUT IN NO
EVENT MORE THAN THIRTY DAYS AFTER THE DATE OF THE CHARTER REFERENDUM,
CERTIFY THE RESULTS OF THE CHARTER REFERENDUM TO THE PRESIDENT OF THE
UNITED STATES AND TO THE SECRETARY OF THE SENATE AND THE CLERK OF THE
HOUSE OF REPRESENTATIVES.
SEC. 711. THE DISTRICT OF COLUMBIA COUNCIL, THE OFFICES OF CHAIRMAN
OF THE DISTRICT OF COLUMBIA COUNCIL, VICE CHAIRMAN OF THE DISTRICT OF
COLUMBIA COUNCIL, AND THE SEVEN OTHER MEMBERS OF THE DISTRICT OF
COLUMBIA COUNCIL, AND THE OFFICES OF THE COMMISSIONER OF THE DISTRICT OF
COLUMBIA AND ASSISTANT TO THE COMMISSIONER OF THE DISTRICT OF COLUMBIA,
AS ESTABLISHED BY REORGANIZATION PLAN NUMBERED 3 OF 1967, //81 STAT.
948. 5 USC APP.// ARE ABOLISHED AS OF NOON JANUARY 2, 1975. THIS
SUBSECTION SHALL NOT BE CONSTRUED TO REINSTATE ANY GOVERNMENTAL BODY OR
OFFICE IN THE DISTRICT ABOLISHED IN SAID PLAN OR OTHERWISE HERETOFORE.
SEC. 712. NO FUNCTION OF THE DISTRICT OF COLUMBIA COUNCIL
(ESTABLISHED UNDER REORGANIZATION PLAN NUMBERED 3 OF 1967) OR OF THE
COMMISSIONER OF THE DISTRICT OF COLUMBIA WHICH SUCH DISTRICT OF COLUMBIA
COUNCIL OR COMMISSIONER HAS DELEGATED TO AN OFFICER, EMPLOYEE, OR AGENCY
(INCLUDING ANY BODY OF OR UNDER SUCH AGENCY) OF THE DISTRICT, NOR ANY
FUNCTION NOW VESTED PURSUANT TO SECTION 501 OF REORGANIZATION PLAN
NUMBERED 3 OF 1967 IN THE DISTRICT PUBLIC SERVICE COMMISSION, ZONING
ADVISORY COUNCIL, BOARD OF ZONING ADJUSTMENT, OFFICE OF THE RECORDER OF
DEEDS, OR ARMORY BOARD, OR IN ANY OFFICER, EMPLOYEE, OR BODY OF OR UNDER
SUCH AGENCY, SHALL BE CONSIDERED AS A FUNCTION TRANSFERRED TO THE
COUNCIL PURSUANT TO THE OFFICER, EMPLOYEE, OR AGENCY (INCLUDING ANY BODY
OF OR UNDER SUCH AGENCY), //ANTE, P. 787.// TO WHOM OR TO WHICH IT WAS
DELEGATED, OR IN WHOM OR IN WHICH IT HAS REMAINED VESTED, UNTIL THE
MAYOR OR COUNCIL ESTABLISHED UNDER THIS ACT, OR BOTH, PURSUANT TO THE
POWERS HEREIN GRANTED, SHALL REVOKE, MODIFY, OR TRANSFER SUCH DELEGATION
OR VESTING.
SEC. 713. (A) IN EACH CASE OF THE TRANSFER, BY ANY PROVISION OF THIS
ACT, OF FUNCTIONS TO THE COUNCIL, TO THE MAYOR, OR TO ANY AGENCY OR
OFFICER, THERE ARE HEREBY AUTHORIZED TO BE TRANSFERRED (AS OF THE TIME
OF SUCH TRANSFER OF FUNCTIONS) TO THE COUNCIL, TO THE MAYOR, TO SUCH
AGENCY, OR TO THE AGENCY OF WHICH SUCH OFFICER IS THE HEAD, //87 STAT.
819// FOR USE IN THE ADMINISTRATION OF THE FUNCTIONS OF THE COUNCIL OR
SUCH AGENCY OR OFFICER, THE PERSONNEL (EXCEPT THE COMMISSIONER OF THE
DISTRICT OF COLUMBIA, THE ASSISTANT TO THE COMMISSIONER, THE CHAIRMAN OF
THE DISTRICT OF COLUMBIA COUNCIL, THE VICE CHAIRMAN OF THE DISTRICT OF
COLUMBIA COUNCIL, THE OTHER MEMBERS THEREOF, ALL OF WHOSE OFFICES ARE
ABOLISHED BY THIS ACT), PROPERTY, RECORDS, AND UNEXPENDED BALANCES OF
APPROPRIATIONS AND OTHER FUNDS WHICH RELATE PRIMARILY TO THE FUNCTIONS
SO TRANSFERRED.
(B) IF ANY QUESTION ARISES IN CONNECTION WITH THE CARRYING OUT OF
SUBSECTION (A), SUCH QUESTIONS SHALL BE DECIDED--
(1) IN THE CASE OF FUNCTIONS TRANSFERRED FROM A FEDERAL OFFICER
OR AGENCY, BY THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET;
AND
(2) IN THE CASE OF OTHER FUNCTIONS (A) BY THE COUNCIL, OR IN
SUCH MANNER AS AS THE COUNCIL SHALL PROVIDE, IF SUCH FUNCTIONS ARE
TRANSFERRED TO THE COUNCIL, AND (B) BY THE MAYOR IF SUCH FUNCTIONS
ARE TRANSFERRED TO HIM TO TO ANY OTHER OFFICER OR AGENCY.
(C) ANY OF THE PERSONNEL AUTHORIZED TO BE TRANSFERRED TO THE COUNCIL,
THE MAYOR, OR ANY AGENCY BY THIS SECTION WHICH THE COUNCIL OR THE HEAD
OF SUCH AGENCY SHALL FIND TO BE IN EXCESS OF THE PERSONNEL NECESSARY FOR
THE ADMINISTRATION OF ITS OR HIS FUNCTION SHALL, IN ACCORDANCE WITH LAW,
BE RETRANSFERRED TO OTHER POSITIONS IN THE DISTRICT OR FEDERAL
GOVERNMENT OR BE SEPARATED FROM THE SERVICE.
(D) NO OFFICER OR EMPLOYEE SHALL, BY REASON OF HIS TRANSFER TO THE
DISTRICT GOVERNMENT UNDER THIS ACT, OR HIS SEPARATION FROM SERVICE UNDER
THIS ACT, BE DEPRIVED OF ANY CIVIL SERVICE RIGHTS, BENEFITS, AND
PRIVILEGES HELD BY HIM PRIOR TO SUCH TRANSFER OR ANY RIGHT OF APPEAL OR
REVIEW HE MAY HAVE BY REASON OF HIS SEPARATION FROM SERVICE.
SEC. 714. (A) ANY STATUTE, REGULATION, OR OTHER ACTION IN RESPECT OF
(AND ANY REGULATION OR OTHER ACTION ISSUED, MADE, TAKEN, OR GRANTED BY)
ANY OFFICER OR AGENCY FROM WHICH ANY FUNCTION IS TRANSFERRED BY THIS ACT
SHALL, EXCEPT TO THE EXTENT MODIFIED OR MADE INAPPLICABLE BY OR UNDER
AUTHORITY OF LAW, CONTINUE IN EFFECT AS IF SUCH TRANSFER HAD NOT BEEN
MADE; BUT AFTER SUCH TRANSFER, REFERENCES IN SUCH STATUTE, REGULATION,
OR OTHER ACTION TO AN OFFICER OR AGENCY FROM WHICH A TRANSFER IS MADE BY
THIS ACT SHALL BE HELD AND CONSIDERED TO REFER TO THE OFFICER OR AGENCY
TO WHICH THE TRANSFER IS MADE.
(B) AS USED IN SUBSECTION (A), THE TERM "OTHER ACTION" INCLUDES
WITHOUT LIMITATION, ANY RULE, ORDER, CONTRACT, COMPACT, POLICY,
DETERMINATION, DIRECTIVE, GRANT, AUTHORIZATION, PERMIT, REQUIREMENT, OR
DESIGNATION.
(C) UNLESS OTHERWISE SPECIFICALLY PROVIDED IN THIS ACT, NOTHING
CONTAINED IN THIS ACT SHALL BE CONSTRUED AS AFFECTING THE APPLICABILITY
TO THE DISTRICT GOVERNMENT OF PERSONNEL LEGISLATION RELATING TO THE
DISTRICT GOVERNMENT UNTIL SUCH TIME AS THE COUNCIL MAY OTHERWISE ELECT
TO PROVIDE EQUAL OR EQUIVALENT COVERAGE.
SEC. 715. (A) NO SUIT, ACTION, OR OTHER JUDICIAL PROCEEDING LAWFULLY
COMMENCED BY OR AGAINST ANY OFFICER OR AGENCY IN HIS OR ITS OFFICIAL
CAPACITY OR IN RELATION TO THE EXERCISE OF HIS OR ITS OFFICIAL
FUNCTIONS, SHALL ABATE BY REASON OF THE TAKING EFFECT OF ANY PROVISION
OF THIS ACT; BUT THE COURT, UNLESS IT DETERMINES THAT THE SURVIVAL OF
SUCH SUIT, ACTION, OR OTHER PROCEEDINGS IS NOT NECESSARY FOR PURPOSES OF
SETTLEMENT OF THE QUESTIONS INVOLVED, SHALL ALLOW THE SAME TO BE
MAINTAINED, WITH SUCH SUBSTITUTIONS AS TO PARTIES AS ARE APPROPRIATE.
//87 STAT. 820//
(B) NO ADMINISTRATIVE ACTION OR PROCEEDING LAWFULLY COMMENCED SHALL
ABATE SOLELY BY REASON OF THE TAKING EFFECT OF ANY PROVISION OF THIS
ACT, BUT SUCH ACTION OR PROCEEDING SHALL BE CONTINUED WITH SUCH
SUBSTITUTIONS AS TO PARTIES AND OFFICERS OR AGENCIES AS ARE APPROPRIATE.
SEC. 716. UNTIL THE 1ST DAY OF JULY NEXT AFTER THE FIRST MAYOR TAKES
OFFICE UNDER THIS ACT NO VACANCY OCCURRING IN ANY DISTRICT AGENCY BY
REASON OF SECTION 711, ABOLISHING THE OFFICES OF COMMISSIONER OF THE
DISTRICT OF COLUMBIA AND ASSISTANT TO THE COMMISSIONER, SHALL AFFECT THE
POWER OF THE REMAINING MEMBERS OF SUCH AGENCY TO EXERCISE ITS FUNCTIONS;
BUT SUCH AGENCY MAY TAKE ACTION ONLY IF A MAJORITY OF THE MEMBERS
HOLDING OFFICE VOTE IN FAVOR OF IT.
SEC. 717. (A) ALL OF THE TERRITORY CONSTITUTING THE PERMANENT SEAT OF
THE GOVERNMENT OF THE UNITED STATES SHALL CONTINUE TO BE DESIGNATED AS
THE DISTRICT OF COLUMBIA. THE DISTRICT OF COLUMBIA SHALL REMAIN AND
CONTINUE A BODY CORPORATE, AS PROVIDED IN SECTION 2 OF THE REVISED
STATUTES RELATING TO THE DISTRICT (D.C. CODE, SEC. 1 - 102). //20 STAT.
102.// SAID CORPORATION SHALL CONTINUE TO BE CHARGED WITH ALL THE
DUTIES, OBLIGATIONS, RESPONSIBILITIES, AND LIABILITIES, AND TO BE VESTED
WITH ALL OF THE POWERS, RIGHTS, PRIVILEGES, IMMUNITIES, AND ASSETS,
RESPECTIVELY, IMPOSED UPON AND VESTED IN SAID CORPORATION OR THE
COMMISSIONER.
(B) NO LAW OR REGULATION WHICH IS IN FORCE ON THE EFFECTIVE DATE OF
TITLE IV OF THIS ACT SHALL BE DEEMED AMENDED OR REPEALED BY THIS ACT
EXCEPT TO THE EXTENT SPECIFICALLY PROVIDED HEREIN OR TO THE EXTENT THAT
SUCH LAW OR REGULATION IS INCONSISTENT WITH THIS ACT, //ANTE, P. 785.//
BUT ANY SUCH LAW OR REGULATION MAY BE AMENDED OR REPEALED BY ACT OR
RESOLUTION AS AUTHORIZED IN THIS ACT, OR BY ACT OF CONGRESS, EXCEPT
THAT, NOTWITHSTANDING THE PROVISIONS OF SECTION 752 OF THIS ACT, SUCH
AUTHORITY TO REPEAL SHALL NOT BE CONSTRUED AS AUTHORIZING THE COUNCIL TO
REPEAL OR OTHERWISE ALTER, BY AMENDMENT OR OTHERWISE, ANY PROVISION OF
SUBCHAPTER III OF CHAPTER 73 OF TITLE 5, UNITED STATES CODE, IN WHOLE OR
IN PART. //80 STAT. 525. 5 USC 7321.//
(C) NOTHING CONTAINED IN THIS SECTION SHALL AFFECT THE BOUNDARY LINE
BETWEEN THE DISTRICT OF COLUMBIA AND THE COMMONWEALTH OF VIRGINIA AS THE
SAME WAS ESTABLISHED OR MAY BE SUBSEQUENTLY ESTABLISHED UNDER THE
PROVISIONS OF TITLE I OF THE ACT OF OCTOBER 31, 1945 (59 STAT. 552).
//D.C. CODE 1 - 101 NOTE.//
SEC. 718. (A) THE DISTRICT OF COLUMBIA COURT OF APPEALS, THE SUPERIOR
COURT OF THE DISTRICT OF COLUMBIA, AND THE DISTRICT OF COLUMBIA
COMMISSION ON JUDICIAL DISABILITIES AND TENURE SHALL CONTINUE AS
PROVIDED UNDER THE DISTRICT OF COLUMBIA COURT REORGANIZATION ACT OF 1970
SUBJECT TO THE PROVISIONS OF PART C OF TITLE IV OF THIS ACT AND SECTION
602 (A) (4). //84 STAT. 475. D.C. CODE NOTE PREC. 11 - 101.//
(B) THE TERM AND QUALIFICATIONS OF ANY JUDGE OF ANY DISTRICT OF
COLUMBIA COURT, AND THE TERM AND QUALIFICATIONS OF ANY MEMBER OF THE
DISTRICT OF COLUMBIA COMMISSION ON JUDICIAL DISABILITIES AND TENURE
APPOINTED PRIOR TO THE EFFECTIVE DATE OF TITLE IV OF THIS ACT SHALL NOT
BE AFFECTED BY THE PROVISIONS OF PART C OF TITLE IV OF THIS ACT. NO
PROVISION OF THIS ACT SHALL BE CONSTRUED TO EXTEND THE TERM OF ANY SUCH
JUDGE OR MEMBER OF SUCH COMMISSION. JUDGES OF THE DISTRICT OF COLUMBIA
COURTS AND MEMBERS OF THE DISTRICT OF COLUMBIA COMMISSION ON JUDICIAL
DISABILITIES AND TENURE APPOINTED AFTER THE EFFECTIVE DATE OF TITLE IV
OF THIS ACT SHALL BE APPOINTED ACCORDING TO PART C OF SUCH TITLE IV.
//ANTE, P. 785.// //87 STAT. 821//
(C) NOTHING IN THIS ACT SHALL BE CONSTRUED TO AMEND, REPEAL, OR
DIMINISH THE DUTIES, RIGHTS, PRIVILEGES, OR BENEFITS ACCRUING UNDER
SECTIONS 1561 THROUGH 1571 OF TITLE 11 OF THE DISTRICT OF COLUMBIA CODE,
AND SECTIONS 703 AND 904 OF SUCH TITLE, //84 STAT. 449. 84 STAT. 479.//
DEALING WITH THE RETIREMENT AND COMPENSATION OF THE JUDGES OF THE
DISTRICT OF COLUMBIA COURTS.
SEC. 719. THE TERM OF ANY MEMBER ELECTED TO THE DISTRICT OF COLUMBIA
BOARD OF EDUCATION, AND THE POWERS AND DUTIES OF THE BOARD OF EDUCATION,
SHALL NOT BE AFFECTED BY THE PROVISIONS OF SECTION 495. NO PROVISION OF
SUCH SECTION SHALL BE CONSTRUED TO EXTEND THE TERM OF ANY SUCH MEMBER OR
TO TERMINATE THE TERM OF ANY SUCH MEMBER.
SEC. 721. THE PRESIDENT OF THE UNITED STATES IS HEREBY AUTHORIZED
AND REQUESTED TO TAKE SUCH ACTION DURING THE PERIOD FOLLOWING THE DATE
OF THE ENACTMENT OF THIS ACT AND ENDING ON THE DATE OF THE FIRST MEETING
OF THE COUNCIL, BY EXECUTIVE ORDER OR OTHERWISE, WITH RESPECT TO THE
ADMINISTRATION OF THE FUNCTIONS OF THE DISTRICT GOVERNMENT, AS HE DEEMS
NECESSARY TO ENABLE THE BOARD OF ELECTIONS PROPERLY TO PERFORM ITS
FUNCTIONS UNDER THIS ACT.
SEC. 722. (A) THE SECRETARY OF THE TREASURY IS AUTHORIZED TO ADVANCE
TO THE DISTRICT OF COLUMBIA THE SUM OF $750,000, OUT OF ANY MONEY IN THE
TREASURY NOT OTHERWISE APPROPRIATED, FOR USE (1) IN PAYING THE EXPENSES
OF THE BOARD OF ELECTORS (INCLUDING COMPENSATION OF THE MEMBERS
THEREOF), AND (2) IN OTHERWISE CARRYING INTO EFFECT THE PROVISIONS OF
THIS ACT.
(B) THE FULL AMOUNT EXPENDED OUT OF THE MONEY ADVANCED PURSUANT TO
THIS SECTION SHALL BE REIMBURSED TO THE UNITED STATES, WITHOUT INTEREST,
DURING THE SECOND FISCAL YEAR WHICH BEGINS AFTER THE EFFECTIVE DATE OF
TITLE IV, FROM THE GENERAL FUND OF THE DISTRICT.
SEC. 723. (A) THE MAYOR IS AUTHORIZED TO ACCEPT LOANS FOR THE
DISTRICT FROM THE TREASURY OF THE UNITED STATES, AND THE SECRETARY IS
AUTHORIZED TO LEND TO THE MAYOR, SUCH SUMS AS THE MAYOR MAY DETERMINE
ARE REQUIRED TO COMPLETE CAPITAL PROJECTS FOR WHICH CONSTRUCTION AND
CONSTRUCTION SERVICES FUNDS HAVE BEEN AUTHORIZED OR APPROPRIATED, AS THE
CASE MAY BE, BY CONGRESS PRIOR TO THE EFFECTIVE DATE OF TITLE IV. IN
ADDITION, SUCH LOANS MAY INCLUDE FUNDS TO PAY THE DISTRICT'S SHARE OF
THE COST OF THE ADOPTED REGIONAL SYSTEM SPECIFIED IN THE NATIONAL
CAPITAL TRANSPORTATION ACT OF 1969. //83 STAT. 320. D.C. CODE 1 - 1441
NOTE.//
(B) LOANS ADVANCED PURSUANT TO THIS SECTION DURING ANY SIX-MONTH
PERIOD SHALL BE AT A RATE OF INTEREST DETERMINED BY THE SECRETARY AS OF
THE BEGINNING OF SUCH PERIOD, WHICH, IN HIS JUDGMENT, WOULD REFLECT THE
COST OF MONEY TO THE TREASURY FOR BORROWING AT A MATURITY APPROXIMATELY
EQUAL TO THE PERIOD OF TIME THE LOAN IS OUTSTANDING.
(C) SUBJECT TO THE LIMITATIONS CONTAINED IN SECTION 603(B), //87
STAT. 822// THERE ARE AUTHORIZED TO BE APPROPRIATED SUCH SUMS AS MAY BE
NECESSARY TO MAKE LOANS UNDER THIS SECTION. //ANTE, P. 814.//
SEC. 731. (A) FOR THE PURPOSE OF PREVENTING DUPLICATION OF EFFORT OR
FOR THE PURPOSE OF OTHERWISE PROMOTING EFFICIENCY AND ECONOMY, ANY
FEDERAL OFFICER OR AGENCY MAY FURNISH SERVICES TO THE DISTRICT
GOVERNMENT AND ANY DISTRICT OFFICER OR AGENCY MAY FURNISH SERVICES TO
THE FEDERAL GOVERNMENT. EXCEPT WHERE THE TERMS AND CONDITIONS GOVERNING
THE FURNISHING OF SUCH SERVICES ARE PRESCRIBED BY OTHER PROVISIONS OF
LAW, SUCH SERVICES SHALL BE FURNISHED PURSUANT TO AN AGREEMENT (1)
NEGOTIATED BY THE FEDERAL AND DISTRICT AUTHORITIES CONCERNED, AND (2)
APPROVED BY THE DIRECTOR OF THE FEDERAL OFFICE OF MANAGEMENT AND BUDGET
AND BY THE MAYOR. EACH SUCH AGREEMENT SHALL PROVIDE THAT THE COST OF
FURNISHING SUCH SERVICES SHALL BE BORNE IN THE MANNER PROVIDED IN
SUBSECTION (C) BY THE GOVERNMENT TO WHICH SUCH SERVICES ARE FURNISHED AT
RATES OR CHARGES BASED ON THE ACTUAL COST OF FURNISHING SUCH SERVICES.
(B) FOR THE PURPOSE OF CARRYING OUT ANY AGREEMENT NEGOTIATED AND
APPROVED PURSUANT TO SUBSECTION (A), ANY DISTRICT OFFICER OR AGENCY MAY
IN THE AGREEMENT DELEGATE ANY OF HIS OR ITS FUNCTIONS TO ANY FEDERAL
OFFICER OR AGENCY, AND ANY FEDERAL OFFICER OR AGENCY MAY IN THE
AGREEMENT DELEGATE ANY OF HIS OR ITS FUNCTIONS TO ANY DISTRICT OFFICER
OR AGENCY. ANY FUNCTION SO DELEGATED MAY BE EXERCISED IN ACCORDANCE
WITH THE TERMS OF THE DELEGATION.
(C) THE COST TO EACH FEDERAL OFFICER AND AGENCY IN FURNISHING
SERVICES TO THE DISTRICT PURSUANT TO ANY SUCH AGREEMENT ARE AUTHORIZED
TO BE PAID, IN ACCORDANCE WITH THE TERMS OF THE AGREEMENT, OUT OF
APPROPRIATIONS AVAILABLE TO THE DISTRICT OFFICERS AND AGENCIES TO WHICH
SUCH SERVICES ARE FURNISHED. THE COSTS TO EACH DISTRICT OFFICER AND
AGENCY IN FURNISHING SERVICES TO THE FEDERAL GOVERNMENT PURSUANT TO ANY
SUCH AGREEMENT ARE AUTHORIZED TO BE PAID, IN ACCORDANCE WITH THE TERMS
OF THE AGREEMENT, OUT OF APPROPRIATIONS MADE BY THE CONGRESS OR OTHER
FUNDS AVAILABLE TO THE FEDERAL OFFICERS AND AGENCIES TO WHICH SUCH
SERVICES ARE FURNISHED, EXCEPT THAT THE CHIEF OF THE METROPOLITAN POLICE
SHALL ON A NONREIMBURSABLE BASIS WHEN REQUESTED BY THE DIRECTOR OF THE
UNITED STATES SECRET SERVICE ASSIST THE SECRET SERVICE AND THE EXECUTIVE
PROTECTION SERVICE IN THE PERFORMANCE OF THEIR RESPECTIVE PROTECTIVE
DUTIES UNDER SECTION 3056 OF TITLE 18 OF THE UNITED STATES CODE AND
SECTION 302 OF TITLE 3 OF THE UNITED STATES CODE. //65 STAT. 122; 84
STAT. 1941.//
SEC. 732. ANY OFFICER OR EMPLOYEE OF THE DISTRICT WHO IS CONVICTED
OF A VIOLATION OF SECTION 208 OF TITLE 18, //65 STAT. 712. 76 STAT.
1124.// UNITED STATES CODE, SHALL FORFEIT HIS OFFICE OR POSITION.
SEC. 733. (A) EXCEPT AS PROVIDED IN THIS ACT, NO PERSON SHALL BE
INELIGIBLE TO SERVE OR TO RECEIVE COMPENSATION AS A MEMBER OF THE BOARD
OF ELECTIONS BECAUSE HE OCCUPIES ANOTHER OFFICE OR POSITION OR BECAUSE
HE RECEIVES COMPENSATION (INCLUDING COMPENSATION) FROM ANOTHER SOURCE.
(B) THE RIGHT TO ANOTHER OFFICE OR POSITION OR TO COMPENSATION FROM
ANOTHER SOURCE OTHERWISE SECURED TO SUCH A PERSON UNDER THE LAWS OF THE
UNITED STATES SHALL NOT BE ABRIDGED BY THE FACT OF HIS SERVICE OR
RECEIPT OF COMPENSATION AS A MEMBER OF SUCH BOARD, IF SUCH SERVICE DOES
NOT INTERFERE WITH THE DISCHARGE OF HIS DUTIES IN SUCH OTHER OFFICE OR
POSITION. //87 STAT. 823//
SEC. 734. THE UNITED STATES CIVIL SERVICE COMMISSION IS HEREBY
AUTHORIZED TO ADVISE AND ASSIST THE MAYOR AND THE COUNCIL IN THE FURTHER
DEVELOPMENT OF THE MERIT SYSTEM OR SYSTEMS REQUIRED BY SECTION 422 (3)
//ANTE, P. 791.// AND THE SAID COMMISSION IS AUTHORIZED TO ENTER INTO
AGREEMENTS WITH THE DISTRICT GOVERNMENT TO MAKE AVAILABLE ITS REGISTERS
OF ELIGIBLES AS A RECRUITING SOURCE TO FILL DISTRICT POSITIONS AS
NEEDED. THE COSTS OF ANY SPECIFIC SERVICES FURNISHED BY THE CIVIL
SERVICE COMMISSION MAY BE COMPENSATED FOR UNDER THE PROVISIONS OF
SECTION 731 OF THIS ACT.
SEC. 735. SECTION 141(C) OF THE STATE AND LOCAL FISCAL ASSISTANCE
ACT PF 1972 (86 STAT. 919) //31 USC 1261.// IS AMENDED TO READ AS
FOLLOWS:
"(C) DISTRICT OF COLUMBIA.--FOR PURPOSES OF THIS TITLE, THE DISTRICT
OF COLUMBIA SHALL BE TREATED BOTH--
"(1) AS A STATE (ANY ANY REFERENCE TO THE GOVERNOR OF A STATE
SHALL, IN THE CASE OF THE DISTRICT OF COLUMBIA, BE TREATED AS A
REFERENCE TO THE MAYOR OF THE DISTRICT OF COLUMBIA), AND
"(2) AS A COUNTY AREA WHICH HAS NO UNITS OF LOCAL GOVERNMENT
(OTHER THAN ITSELF) WITHIN ITS GEOGRAPHIC AREA.".
SEC. 736. (A) IN ADDITION TO THE AUDIT CARRIED OUT UNDER SECTION 455,
THE ACCOUNTS AND OPERATIONS OF THE DISTRICT GOVERNMENT SHALL BE AUDITED
ANNUALLY BY THE GENERAL ACCOUNTING OFFICE IN ACCORDANCE WITH SUCH
PRINCIPLES AND PROCEDURES, AND IN SUCH DETAIL, AND UNDER SUCH RULES AND
REGULATIONS AS MAY BE PRESCRIBED BY THE COMPTROLLER GENERAL OF THE
UNITED STATES. IN THE DETERMINATION OF THE AUDITING PROCEDURES TO BE
FOLLOWED, AND THE EXTENT OF THE EXAMINATION OF VOUCHERS AND OTHER
DOCUMENTS, THE COMPTROLLER GENERAL SHALL GIVE DUE REGARD TO GENERALLY
ACCEPTED PRINCIPLES OF AUDITING, INCLUDING CONSIDERATION OF THE
EFFECTIVENESS OF THE ACCOUNTING ORGANIZATIONS AND SYSTEMS, INTERNAL
AUDIT AND CONTROL, AND RELATED ADMINISTRATIVE PRACTICES. THE
REPRESENTATIVES OF THE GENERAL ACCOUNTING OFFICE SHALL HAVE ACCESS TO
ALL BOOKS, ACCOUNTS, RECORDS, REPORTS, FILES, AND ALL OTHER PAPERS,
THINGS, OR PROPERTY BELONGING TO OR IN USE BY THE DISTRICT AND NECESSARY
TO FACILITATE THE AUDIT, AND SUCH REPRESENTATIVES SHALL BE AFFORDED FULL
FACILITIES FOR AUDITING THE ACCOUNTS AND OPERATIONS OF THE DISTRICT
GOVERNMENT.
(B) (1) THE COMPTROLLER GENERAL SHALL SUBMIT HIS AUDIT REPORTS TO THE
CONGRESS, THE MAYOR, AND THE COUNCIL. THE REPORTS SHALL SET FORTH THE
SCOPE OF THE AUDITS AND SHALL INCLUDE SUCH COMMENTS AND INFORMATION AS
THE COMPTROLLER GENERAL MAY DEEM NECESSARY TO KEEP THE CONGRESS, THE
MAYOR, AND THE COUNCIL INFORMED OF THE OPERATIONS TO WHICH THE REPORTS
RELATE, TOGETHER WITH RECOMMENDATIONS WITH RESPECT THERETO AS THE
COMPTROLLER GENERAL MAY DEEM ADVISABLE.
(2) AFTER THE MAYOR HAS HAD AN OPPORTUNITY TO BE HEARD, THE COUNCIL
MAY MAKE SUCH REPORT, TOGETHER WITH SUCH OTHER MATERIAL AS IT DEEMS
PERTINENT THERETO, AVAILABLE FOR PUBLIC INSPECTION.
(3) THE MAYOR, //87 STAT. 824// WITHIN NINETY DAYS AFTER RECEIPT OF
THE AUDIT FROM THE COMPTROLLER GENERAL, SHALL STATE IN WRITING TO THE
COUNCIL, WITH A COPY TO THE CONGRESS, WHAT HAS BEEN DONE TO COMPLY WITH
THE RECOMMENDATIONS MADE BY THE COMPTROLLER GENERAL IN THE REPORT.
SEC. 737. (A) SUBJECT TO SECTION 731, THE MAYOR, WITH THE APPROVAL OF
THE COUNCIL, AND THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET, IS
AUTHORIZED AND EMPOWERED TO ENTER INTO AN AGREEMENT OR AGREEMENTS
CONCERNING THE MANNER AND METHOD BY WHICH AMOUNTS OWED BY THE DISTRICT
TO THE UNITED STATES, OR BY THE UNITED STATES TO THE DISTRICT, SHALL BE
ASCERTAINED AND PAID.
(B) THE UNITED STATES SHALL REIMBURSE THE DISTRICT FOR NECESSARY
EXPENSES INCURRED BY THE DISTRICT IN CONNECTION WITH ASSEMBLAGES,
MARCHES, AND OTHER DEMONSTRATIONS IN THE DISTRICT WHICH RELATE PRIMARILY
TO THE FEDERAL GOVERNMENT. THE MANNER AND METHOD OF ASCERTAINING AND
PAYING THE AMOUNTS NEEDED TO SO REIMBURSE THE DISTRICT SHALL BE
DETERMINED BY AGREEMENT ENTERED INTO IN ACCORDANCE WITH SUBSECTION (A)
OF THIS SECTION.
(C) EACH OFFICER AND EMPLOYEE OF THE DISTRICT REQUIRED TO DO SO BY
THE COUNCIL SHALL PROVIDE A BOND WITH SUCH SURETY AND IN SUCH AMOUNT AS
THE COUNCIL MAY REQUIRE. THE PREMIUMS FOR ALL SUCH BONDS SHALL BE PAID
OUT OF APPROPRIATIONS FOR THE DISTRICT.
SEC. 738. (A) THE COUNCIL SHALL BY ACT DIVIDE THE DISTRICT INTO
NEIGHBORHOOD COUNCIL AREAS AND, UPON RECEIVING A PETITION SIGNED BY AT
LEAST 5 PER CENTUM OF THE REGISTERED QUALIFIED ELECTORS OF A
NEIGHBORHOOD COUNCIL AREA, SHALL ESTABLISH FOR THAT NEIGHBORHOOD AN
ELECTED ADVISORY NEIGHBORHOOD COUNCIL. IN DESIGNATING SUCH
NEIGHBORHOODS, THE COUNCIL SHALL CONSIDER NATURAL GEOGRAPHIC BOUNDARIES,
ELECTION DISTRICTS, AND DIVISIONS OF THE DISTRICT MADE FOR THE PURPOSE
OF ADMINISTRATION OF SERVICES.
(B) ELECTIONS FOR MEMBERS OF EACH ADVISORY NEIGHBORHOOD COUNCIL SHALL
BE NONPARTISAN, SHALL BE SCHEDULED TO COINCIDE WITH THE ELECTIONS OF
MEMBERS OF THE BOARD OF EDUCATION HELD IN THE DISTRICT, AND SHALL BE
ADMINISTERED BY THE BOARD OF ELECTIONS. ADVISORY NEIGHBORHOOD COUNCIL
MEMBERS SHALL BE ELECTED FROM SINGLE MEMBER DISTRICTS WITHIN EACH
NEIGHBORHOOD COUNCIL AREA BY THE REGISTERED QUALIFIED ELECTORS THEREOF.
(C) EACH ADVISORY NEIGHBORHOOD COUNCIL--
(1) MAY ADVISE THE DISTRICT GOVERNMENT ON MATTERS OF PUBLIC
POLICY INCLUDING DECISIONS REGARDING PLANNING, STREETS,
RECREATION, SOCIAL SERVICES PROGRAMS, HEALTH, SAFETY, AND
SANITATION IN THAT NEIGHBORHOOD COUNCIL AREA;
(2) MAY EMPLOY STAFF AND EXPEND, FOR PUBLIC PURPOSES WITHIN ITS
NEIGHBORHOOD COUNCIL AREA, PUBLIC FUNDS AND OTHER FUNDS DONATED TO
IT; AND
(3) SHALL HAVE SUCH OTHER POWERS AND DUTIES AS MAY BE PROVIDED
BY ACT OF THE COUNCIL.
(D) IN THE MANNER PROVIDED BY ACT OF THE COUNCIL, IN ADDITION TO ANY
OTHER NOTICE REQUIRED BY LAW, TIMELY NOTICE SHALL BE GIVEN TO EACH
ADVISORY NEIGHBORHOOD COUNCIL OF REQUESTED OR PROPOSED ZONING CHANGES,
VARIANCES, PUBLIC IMPROVEMENTS, LICENSES OR PERMITS OF SIGNIFICANCE TO
NEIGHBORHOOD PLANNING AND DEVELOPMENT WITHIN ITS NEIGHBORHOOD COUNCIL
AREA FOR ITS REVIEW, COMMENT, AND RECOMMENDATION.
(E) IN ORDER TO PAY THE EXPENSES OF THE ADVISORY NEIGHBORHOOD
COUNCILS, //87 STAT. 825// ENABLE THEM TO EMPLOY SUCH STAFF AS MAY BE
NECESSARY, AND TO CONDUCT PROGRAMS FOR THE WELFARE OF THE PEOPLE IN A
NEIGHBORHOOD COUNCIL AREA, THE DISTRICT GOVERNMENT SHALL APPORTION TO
EACH ADVISORY NEIGHBORHOOD COUNCIL, OUT OF THE REVENUE OF THE DISTRICT
RECEIVED FROM THE TAX ON REAL PROPERTY IN THE DISTRICT INCLUDING
IMPROVEMENTS THEREON, A SUM NOT LESS THAN THAT PART OF SUCH REVENUE
RAISED BY LEVYING 1 CENT PER $100 OF ASSESSED VALUATION WHICH BEARS THE
SAME RATIO TO THE FULL SUM RAISED THEREBY AS THE POPULATION OF THE
NEIGHBORHOOD BEARS TO THE POPULATION OF THE DISTRICT. THE COUNCIL MAY
AUTHORIZE ADDITIONAL METHODS OF FINANCING ADVISORY NEIGHBORHOOD
COUNCILS.
(E) THE COUNCIL SHALL BY ACT MAKE PROVISIONS FOR THE HANDLING OF
FUNDS AND ACCOUNTS BY EACH ADVISORY NEIGHBORHOOD COUNCIL AND SHALL
ESTABLISH GUIDELINES WITH RESPECT TO THE EMPLOYMENT OF PERSONS BY EACH
ADVISORY NEIGHBORHOOD COUNCIL WHICH SHALL INCLUDE FIXING THE STATUS OF
SUCH EMPLOYEES WITH RESPECT TO THE DISTRICT GOVERNMENT, BUT ALL SUCH
PROVISIONS AND GUIDELINES SHALL BE UNIFORM FOR ALL ADVISORY NEIGHBORHOOD
COUNCILS AND SHALL PROVIDE THAT DECISIONS TO EMPLOY AND DISCHARGE
EMPLOYEES SHALL BE MADE BY THE ADVISORY NEIGHBORHOOD COUNCIL. THESE
PROVISIONS SHALL CONFORM TO THE EXTENT PRACTICABLE TO THE REGULAR
BUDGETARY, EXPENDITURE AND AUDITING PROCEDURES AND THE PERSONNEL MERIT
SYSTEM OF THE DISTRICT.
(G) THE COUNCIL SHALL HAVE AUTHORITY IN ACCORDANCE WITH THE
PROVISIONS OF THIS ACT, TO LEGISLATE WITH RESPECT TO THE ADVISORY
NEIGHBORHOOD COUNCILS ESTABLISHED IN THIS SECTION.
(H) THE FOREGOING PROVISIONS OF THIS SECTION SHALL TAKE EFFECT ONLY
IF AGREED TO IN ACCORDANCE WITH THE PROVISIONS OF SECTION 703 (A) OF
THIS ACT.
SEC. 739. (A) THERE IS ESTABLISHED WITHIN THE DISTRICT OF COLUMBIA
THE NATIONAL CAPITAL SERVICE AREA WHICH SHALL INCLUDE, SUBJECT TO THE
FOLLOWING PROVISIONS OF THIS SECTION, THE PRINCIPAL FEDERAL MONUMENTS,
THE WHITE HOUSE, THE CAPITOL BUILDING, THE UNITED STATES SUPREME COURT
BUILDING, AND THE FEDERAL EXECUTIVE, LEGISLATIVE, AND JUDICIAL OFFICE
BUILDINGS LOCATED ADJACENT TO THE MALL AND THE CAPITOL BUILDING, AND IS
MORE PARTICULARLY DESCRIBED IN SUBSECTION (F).
(B) THERE IS ESTABLISHED IN THE EXECUTIVE OFFICE OF THE PRESIDENT THE
NATIONAL CAPITAL SERVICE DIRECTOR WHO SHALL BE APPOINTED BY THE
PRESIDENT, THE PRESIDENT, THROUGH THE NATIONAL CAPITAL SERVICE DIRECTOR,
SHALL ASSURE THAT THERE IS PROVIDED, UTILIZING DISTRICT OF COLUMBIA
GOVERNMENTAL SERVICES TO THE EXTENT PRACTICABLE, WITHIN THE AREA
SPECIFIED IN SUBSECTION (A) AND PARTICULARLY DESCRIBED IN SUBSECTION
(F), ADEQUATE FIRE PROTECTION AND SANITATION SERVICES. EXCEPT WITH
RESPECT TO THAT PORTION OF THE NATIONAL CAPITAL SERVICE AREA COMPRISING
THE UNITED STATES CAPITOL BUILDINGS AND GROUNDS AS DEFINED IN SECTIONS 1
AND 16 OF THE ACT OF JULY 31, 1946, AS AMENDED (40 U.S.C. 193A AND
193M), //60 STAT. 718; 81 STAT. 275.// THE UNITED STATES SUPREME COURT
BUILDING AND GROUNDS AS DEFINED IN SECTION 11 OF THE ACT OF AUGUST 18,
1949, AS AMENDED (40 U.S.C. 13P), //D. C. CODE 9 - 118, 9 - 132.// AND
THE LIBRARY OF CONGRESS BUILDINGS AND GROUNDS AS DEFINED IN SECTION 11
OF THE ACT OF AUGUST 4, 1950, AS AMENDED (2 U.S. C. 167J), //63 STAT.
617. 64 STAT. 412; 84 STAT. 309.// THE NATIONAL CAPITAL SERVICE
DIRECTOR SHALL ASSURE THAT THERE IS PROVIDED WITHIN THE REMAINDER OF
SUCH AREA SPECIFIED IN SUBSECTION (A) AND SUBSECTION (F), ADEQUATE
POLICE PROTECTION AND MAINTENANCE OF STREETS AND HIGHWAYS.
(C) THE NATIONAL CAPITAL SERVICE DIRECTOR SHALL BE ENTITLED TO
RECEIVE COMPENSATION AT THE MAXIMUM RATE AS MAY BE ESTABLISHED FROM TIME
TO TIME FOR LEVEL IV OF THE EXECUTIVE SCHEDULE OF SECTION 5314 OF TITLE
5 OF THE UNITED STATES CODE. THE DIRECTOR MAY APPOINT, SUBJECT TO THE
PROVISIONS OF TITLE 5 OF THE UNITED STATES CODE GOVERNING APPOINTMENTS
IN THE COMPETITIVE SERVICE, //5 USC 101 ET SEQ.// AND FIX THE PAY OF, IN
ACCORDANCE WITH THE PROVISIONS OF CHAPTER 51 AND SUBCHAPTER 3 OF CHAPTER
53 OF SUCH TITLE RELATING TO CLASSIFICATION AND GENERAL SCHEDULE PAY
RATES, //87 STAT. 826// SUCH PERSONNEL AS MAY BE NECESSARY. //80 STAT.
443, 467. 5 USC 5101, 5331.//
(D) SECTION 45 OF THE ACT ENTITLED "AN ACT TO PROVIDE FOR THE
ORGANIZATION OF THE MILITIA OF THE DISTRICT OF COLUMBIA", APPROVED MARCH
1, 1889 (D.C. CODE, SEC. 39 - 603), IS AMENDED BY INSERTING AFTER
"UNITED STATES MARSHAL FOR THE DISTRICT OF COLUMBIA," THE FOLLOWING:
"OR FOR THE NATIONAL CAPITAL SERVICE DIRECTOR.". //25 STAT. 778; 35
STAT. 634.//
(E) (1) WITHIN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, THE
PRESIDENT IS AUTHORIZED AND DIRECTED TO SUBMIT TO THE CONGRESS A REPORT
ON THE FEASIBILITY AND ADVISABILITY OF COMBINING THE EXECUTIVE
PROTECTIVE SERVICE AND THE UNITED STATES PARK POLICE WITHIN THE NATIONAL
CAPITAL SERVICE AREA, AND PLACING THEM UNDER THE NATIONAL CAPITAL
SERVICE DIRECTOR.
(2) SUCH REPORT SHALL INCLUDE SUCH RECOMMENDATIONS, INCLUDING
RECOMMENDATIONS FOR LEGISLATIVE AND EXECUTIVE ACTION, AS THE PRESIDENT
DEEMS NECESSARY IN CARRYING OUT THE PROVISIONS OF PARAGRAPH (1) OF THIS
SUBSECTION.
(F) (1) (A) THE NATIONAL CAPITAL SERVICE AREA REFERRED TO IN
SUBSECTION (A) IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THAT POINT ON THE PRESENT VIRGINIA-DISTRICT OF
COLUMBIA BOUNDARY DUE WEST OF THE NORTHERNMOST POINT OF THEODORE
ROOSEVELT ISLAND AND RUNNING DUE EAST TO THE EASTERN SHORE OF THE
POTOMAC RIVER;
THENCE GENERALLY SOUTH ALONG THE SHORE AT THE MEAN HIGH WATER
MARK TO THE NORTHWEST CORNER OF THE KENNEDY CENTER;
THENCE EAST ALONG THE NORTH SIDE OF THE KENNEDY CENTER TO A
POINT WHERE IT REACHES THE E STREET EXPRESSWAY;
THENCE EAST ON THE EXPRESSWAY TO E STREET NORTHWEST AND THENCE
EAST ON E STREET NORTHWEST TO EIGHTEETH STREET NORTHWEST;
THENCE SOUTH ON EIGHTEENTH STREET NORTHWEST TO CONSTITUTION
AVENUE NORTHWEST;
THENCE EAST ON CONSTITUTION AVENUE TO SEVENTEENTH STREET
NORTHWEST;
THENCE NORTH ON SEVENTEENTH STREET NORTHWEST TO PENNSYLVANIA
AVENUE NORTHWEST;
THENCE EAST ON PENNSYLVANIA AVENUE TO JACKSON PLACE NORTHWEST;
THENCE NORTH ON JACKSON PLACE TO H STREET NORTHWEST;
THENCE EAST ON H STREET NORTHWEST TO MADISON PLACE NORTHWEST;
THENCE SOUTH ON MADISON PLACE NORTHWEST TO PENNSYLVANIA AVENUE
NORTHWEST;
THENCE EAST ON PENNSYLVANIA AVENUE NORTHWEST TO FIFTEENTH
STREET NORTHWEST;
THENCE SOUTH ON FIFTEENTH STREET NORTHWEST TO PENNSYLVANIA
AVENUE NORTHWEST;
THENCE SOUTHEAST ON PENNSYLVANIA AVENUE NORTHWEST TO JOHN
MARSHALL PLACE NORTHWEST;
THENCE NORTH ON JOHN MARSHALL PLACE NORTHWEST TO C STREET
NORTHWEST;
THENCE EAST ON C STREET NORTHWEST TO THIRD STREET NORTHWEST;
THENCE NORTH ON THIRD STREET NORTHWEST TO D STREET NORTHWEST;
THENCE EAST ON D STREET NORTHWEST TO SECOND STREET NORTHWEST;
THENCE SOUTH ON SECOND STREET NORTHWEST TO THE INTERSECTION OF
CONSTITUTION AVENUE NORTHWEST AND LOUISIANA AVENUE NORTHWEST;
THENCE NORTHEAST ON LOUISIANA AVENUE NORTHWEST TO NORTH CAPITOL
STREET;
THENCE NORTH ON NORTH CAPITOL STREET TO MASSACHUSETTS AVENUE
NORTHWEST; //87 STAT. 827//
THENCE SOUTHEAST ON MASSACHUSETTS AVENUE NORTHWEST SO AS TO
ENCOMPASS UNION SQUARE;
THENCE FOLLOWING UNION SQUARE TO F STREET NORTHEAST;
THENCE EAST ON F STREET NORTHEAST TO SECOND STREET NORTHEAST;
THENCE SOUTH ON SECOND STREET NORTHEAST TO D STREET NORTHEAST;
THENCE WEST ON D STREET NORTHEAST TO FIRST STREET NORTHEAST;
THENCE SOUTH ON FIRST STREET NORTHEAST TO MARYLAND AVENUE
NORTHEAST;
THENCE GENERALLY NORTH AND EAST ON MARYLAND AVENUE TO SECOND
STREET NORTHEAST;
THENCE SOUTH ON SECOND STREET NORTHEAST TO C STREET SOUTHEAST;
THENCE WEST ON C STREET SOUTHEAST TO NEW JERSEY AVENUE
SOUTHEAST;
THENCE SOUTH ON NEW JERSEY AVENUE SOUTHEAST TO D STREET
SOUTHEAST;
THENCE WEST ON D STREET SOUTHEAST TO CANAL STREET PARKWAY;
THENCE SOUTHEAST ON CANAL STREET PARKWAY TO E STREET SOUTHEAST;
THENCE WEST ON E STREET SOUTHEAST TO THE INTERSECTION OF CANAL
STREET SOUTHWEST AND SOUTH CAPITOL STREET;
THENCE NORTHWEST ON CANAL STREET SOUTHWEST TO SECOND STREET
SOUTHWEST;
THENCE SOUTH ON SECOND STREET SOUTHWEST TO VIRGINIA AVENUE
SOUTHWEST;
THENCE GENERALLY WEST ON VIRGINIA AVENUE TO THIRD STREET
SOUTHWEST;
THENCE NORTH ON THIRD STREET SOUTHWEST TO C STREET SOUTHWEST;
THENCE WEST ON C STREET SOUTHWEST TO SIXTH STREET SOUTHWEST;
THENCE NORTH ON SIXTH STREET SOUTHWEST TO INDEPENDENCE AVENUE;
THENCE WEST ON INDEPENDENCE AVENUE TO TWELFTH STREET SOUTHWEST;
THENCE SOUTH ON TWELFTH STREET SOUTHWEST TO D STREET SOUTHWEST;
THENCE WEST ON D STREET SOUTHWEST TO FOURTEENTH STREET
SOUTHWEST;
THENCE SOUTH ON FOURTEENTH STREET SOUTHWEST TO THE MIDDLE OF
THE WASHINGTON CHANNEL;
THENCE GENERALLY SOUTH AND EAST ALONG THE MIDCHANNEL OF THE
WASHINGTON CHANNEL TO A POINT DUE WEST OF THE NORTHERN BOUNDARY
LINE OF FORT LESLEY MC NAIR;
THENCE DUE EAST TO THE SIDE OF THE WASHINGTON CHANNEL;
THENCE FOLLOWING GENERALLY SOUTH AND EAST ALONG THE SIDE OF THE
WASHINGTON CHANNEL AT THE MEAN HIGH WATER MARK, TO THE POINT OF
CONFLUENCE WITH THE ANACOSTIA RIVER, AND ALONG THE NORTHERN SHORE
AT THE MEAN HIGH WATER MARK TO THE NORTHERN MOSTPOINT OF THE
ELEVENTH STREET BRIDGE;
THENCE GENERALLY SOUTH AND EAST ALONG THE NORTHERN SIDE OF THE
ELEVENTH STREET BRIDGE TO THE EASTERN SHORE OF THE ANACOSTIA
RIVER;
THENCE GENERALLY SOUTH AND WEST ALONG SUCH SHORE AT THE MEAN
HIGH WATER MARK TO THE POINT OF CONFLUENCE OF THE ANACOSTIA AND
POTOMAC RIVERS;
THENCE GENERALLY SOUTH ALONG THE EASTERN SHORE AT THE MEAN HIGH
WATER MARK OF THE POTOMAC RIVER TO THE POINT WHERE IT MEETS THE
PRESENT SOUTHEASTERN BOUNDARY LINE OF THE DISTRICT OF COLUMBIA;
THENCE SOUTH AND WEST ALONG SUCH SOUTHEASTERN BOUNDARY LINE TO
THE POINT WHERE IT MEETS THE PRESENT VIRGINIA-DISTRICT OF COLUMBIA
BOUNDARY; //87 STAT. 828//
THENCE GENERALLY NORTH AND WEST UP THE POTOMAC RIVER ALONG THE
VIRGINIA-DISTRICT OF COLUMBIA BOUNDARY BOUNDARY TO THE POINT OF
BEGINNING.
(B) WHERE THE AREA IN PARAGRAPH (1) IS BOUNDED BY ANY STREET, SUCH
STREET, AND ANY SIDEWALK THEREOF, SHALL BE INCLUDED WITHIN SUCH AREA.
(2) ANY FEDERAL REAL PROPERTY AFFRONTING OR ABUTTING, AS OF THE DATE
OF THE ENACTMENT OF THIS ACT, THE AREA DESCRIBED IN PARAGRAPH (1) SHALL
BE DEEMED TO BE WITHIN SUCH AREA.
(3) FOR THE PURPOSES OF PARAGRAPH (2), FEDERAL REAL PROPERTY
AFFRONTING OR ABUTTING SUCH AREA DESCRIBED IN PARAGRAPH (1) SHALL--
(A) BE DEEMED TO INCLUDE, BUT NOT LIMITED TO FORT LESLEY MC
NAIR, THE WASHINGTON NAVY YARD, THE ANACOSTIA NAVAL ANNEX, THE
UNITED STATES NAVAL STATION, BOLLING AIR FORCE BASE, AND THE NAVAL
RESEARCH LABORATORY; AND
(B) NOT BE CONSTRUED TO INCLUDE ANY AREA SITUATED OUTSIDE OF
THE DISTRICT OF COLUMBIA BOUNDARY AS IT EXISTED IMMEDIATELY PRIOR
TO THE DATE OF THE ENACTMENT OF THIS ACT, NOR BE CONSTRUED TO
INCLUDE ANY PORTION OF THE ANACOSTIA PARK SITUATED EAST OF THE
NORTHERN SIDE OF THE ELEVENTH STREET BRIDGE, OR ANY PORTION OF THE
ROCK CREEK PARK.
(G) (1) SUBJECT TO THE PROVISIONS OF PARAGRAPH (2) OF THIS
SUBSECTION, THE PRESIDENT IS AUTHORIZED AND DIRECTED TO CONDUCT A SURVEY
OF THE AREA DESCRIBED IN THIS SECTION IN ORDER TO ESTABLISH THE PROPER
MEETS AND BOUNDS OF SUCH AREA, AND TO FILE, IN SUCH MANNER AND AT SUCH
PLACE AS HE MAY DESIGNATE, A MAP AND A LEGAL DESCRIPTION OF SUCH AREA,
AND SUCH DESCRIPTION AND MAP SHALL HAVE THE SAME FORCE AND EFFECT AS IF
INCLUDED IN THIS ACT, EXCEPT THAT CORRECTIONS OF CLERICAL, TYPOGRAPHICAL
AND OTHER ERRORS IN ANY SUCH LEGAL DESCRIPTIONS AND MAP MAY BE MADE. IN
CONDUCTING SUCH SURVEY, THE PRESIDENT SHALL MADE SUCH ADJUSTMENTS AS MAY
BE NECESSARY IN ORDER TO EXCLUDE FROM THE NATIONAL CAPITAL SERVICE AREA
ANY PRIVATELY OWNED PROPERTIES, AND BUILDINGS AND ADJACENT PARKING
FACILITIES OWNED BY THE DISTRICT OF COLUMBIA GOVERNMENT.
(2) IN CARRYING OUT THE PROVISIONS OF PARAGRAPH (1) OF THIS
SUBSECTION, THE PRESIDENT SHALL, TO THE EXTENT THAT SUCH SURVEY, LEGAL
DESCRIPTION, AND MAY INVOLVES AREAS COMPRISING THE UNITED STATES CAPITOL
BUILDINGS AND GROUNDS AS DEFINED IN SECTIONS 1 AND 16 OF THE ACT OF JULY
31, 1946, AS AMENDED (40 U.S.C. 193A AND 193M), //60 STAT. 718; 81
STAT. 275.// AND OTHER BUILDINGS AND GROUNDS UNDER THE CARE OF THE
ARCHITECT OF THE CAPITOL, CONSULT WITH THE ARCHITECT OF THE CAPITOL.
//D. C. CODE 9 - 118, 9 - 132.//
(3) SECTION 1 OF THE ACT OF JULY 31, 1946, AS AMENDED BY THE ACT OF
OCTOBER 20, 1967 (60 STAT. 718; 81 STAT; 40 U.S.C. 193A), IS HEREBY
AMENDED TO INCLUDE WITHIN THE DEFINITION OF THE UNITED STATES CAPITOL
GROUNDS, THE FOLLOWING STREETS: "INDEPENDENCE AVENUE FROM THE WEST CURB
OF FIRST STREET S.E. TO THE EAST CURB OF FIRST STREET S.W., NEW JERSEY
AVENUE S.E. FROM THE SOUTH CURB OF INDEPENDENCE AVENUE TO THE NORTH CURB
OF D STREET S.E., SOUTH CAPITOL STREET FROM THE SOUTH CURB OF
INDEPENDENCE AVENUE TO THE NORTH CURB OF D STREET; DELAWARE AVENUE S.W.
FROM THE SOUTH CURB OF C STREET S.W. TO THE NORTH CURB OF D STREET S.W.,
C STREET FROM THE WEST CURB OF FIRST STREET S.E. TO THE INTERSECTION OF
FIRST AND CANAL STREETS, S.W., D STREET FROM THE WEST CURB OF FIRST
STREET S.E. TO THE INTERSECTION OF CANAL STREET AND DELAWARE AVENUE
S.W., THAT PART OF FIRST STREET LYING WEST OF THE OUTER FACE OF THE CURB
OF THE SIDEWALK ON THE EAST SIDE THEREOF FROM D STREET N.E. TO D STREET
S.E., THAT PART OF FIRST STREET WITHIN THE EAST AND WEST CURBLINES
THEREOF EXTENDING FROM THE NORTH SIDE OF PENNSYLVANIA AVENUE N.W. TO THE
INTERSECTION OF C STREET AND CANAL STREET S.W., INCLUDING THE TWO
CIRCLES WITHIN SUCH AREA. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS
REPEALING, OR OTHERWISE ALTERING, MODIFYING, AFFECTING, OR SUPERSEDING
THOSE PROVISIONS OF LAW IN EFFECT ON THE DATE IMMEDIATELY PRECEDING THE
EFFECTIVE DATE OF TITLE IV OF THIS ACT VESTING AUTHORITY IN THE UNITED
STATES SUPREME COURT POLICE AND LIBRARY OF CONGRESS POLICE TO MAKE
ARRESTS IN ADJACENT STREET, INCLUDING FIRST STREET N.E. AND FIRST STREET
S.E.". //87 STAT. 829// //ANTE, P. 785.//
(4) SECTION 9 OF THE ACT OF JULY 31, 1946, AS AMENDED (40 U.S.C.
212A), //60 STAT. 719.// IS AMENDED BY DELETING "OR OF ANY STATE," AND
INSERTING IN LIEU THEREOF A COMMA AND THE FOLLOWING: "OF THE DISTRICT
OF COLUMBIA, OR OF ANY STATE.". //D. C. CODE 9 - 126.//
(5) SECTION 9 OF SUCH ACT IS FURTHER AMENDED BY DELETING THE
FOLLOWING: ", WITH THE EXCEPTION OF THE STREETS AND ROADWAYS SHOWN ON
THE MAP REFERRED TO IN SECTION 1 OF THIS ACT AS BEING UNDER THE
JURISDICTION AND CONTROL OF THE COMMISSIONERS OF THE DISTRICT OF
COLUMBIA.". //40 USC 193A. D. C. CODE 9 - 118.//
(6) SECTION 14(A) OF THE ACT OF JULY 31, 1946, AS AMENDED (40 U.S.C.
212B), //60 STAT. 720; 84 STAT. 570. D. C. CODE 9 - 131.// IS AMENDED
BY DELETING: ", EXCEPT ON THOSE STREETS AND ROADWAYS SHOWN ON THE MAP
REFERRED TO IN SECTION 1 OF THIS ACT AS BEING UNDER THE JURISDICTION AND
CONTROL OF THE COMMISSIONERS OF THE DISTRICT OF COLUMBIA.".
(7) SECTION 1 OF THE ACT OF JULY 31, 1946, AS AMENDED (40 U.S.C.
193A), IS AMENDED BY DELETING ": PROVIDED, THAT THOSE STREETS AND
ROADWAYS IN SAID UNITED STATES CAPITOL GROUNDS SHOWN ON SAID MAP AS
BEING UNDER THE JURISDICTION AND CONTROL OF THE COMMISSIONERS OF THE
DISTRICT OF COLUMBIA SHALL CONTINUE UNDER SUCH JURISDICTION AND CONTROL,
AND SAID COMMISSIONERS SHALL BE RESPONSIBLE FOR THE MAINTENANCE AND
IMPROVEMENT THEREOF: PROVIDED FURTHER," AND INSERTING IN LIEU THEREOF A
COMMA AND THE FOLLOWING: "INCLUDING THOSE STREETS AND ROADWAYS IN SAID
UNITED STATES CAPITOL GROUNDS AS SHOWN ON SAID MAP AS BEING UNDER THE
JURISDICTION AND CONTROL OF THE COMMISSIONERS OF THE DISTRICT OF
COLUMBIA, EXCEPT THAT THE COMMISSIONER OF THE DISTRICT OF COLUMBIA SHALL
BE RESPONSIBLE FOR THE MAINTENANCE AND IMPROVEMENT OF THOSE PORTIONS OF
THE FOLLOWING STREETS WHICH ARE SITUATED BETWEEN THE CURBLINES THEREOF:
CONSTITUTION AVENUE FROM FIRST STREET N.E. TO SECOND STREET N.W., FIRST
STREET FROM D STREET N.E. TO D STREET S.E., D STREET FROM FIRST STREET
S.E. TO CANAL STREET S.W., AND FIRST STREET FROM THE NORTH SIDE OF
LOUISIANA AVENUE TO THE INTERSECTION OF C STREET AND CANAL STREET S.W.:
PROVIDED:.
(8) SECTION 9 OF THE ACT OF AUGUST 18, 1949, AS AMENDED (40 U.S.C.
13N), //63 STAT. 617.// IS AMENDED BY DELETING "OR OF ANY STATE" AND
INSERTING IN LIEU THEREOF A COMMA AND THE FOLLOWING: "ANY LAW OF THE
DISTRICT OF COLUMBIA OR OF ANY STATE.".
(9) SECTION 9 OF THE ACT OF AUGUST 4, 1950, AS AMENDED (2 U.S.C.
167H), //64 STAT. 412.// IS AMENDED BY DELETING "OR OF ANY STATE" AND
INSERTING IN LIEU THEREOF A COMMA AND THE FOLLOWING: "ANY LAW OF THE
DISTRICT OF COLUMBIA, OR OF ANY STATE.".
(H) (1) EXCEPT TO THE EXTENT SPECIFICALLY PROVIDED BY THE PROVISIONS
OF THIS SECTION, AND AMENDMENTS MADE BY THIS SECTION, NOTHING IN THIS
SECTION SHALL BE APPLICABLE TO THE UNITED STATES CAPITOL BUILDINGS AND
GROUNDS AS DEFINED IN SECTIONS 1 AND 16 OF THE ACT OF JULY 31, 1946, AS
AMENDED (40 USC 193A, 193M), //60 STAT. 718; 81 STAT. 275.// OR TO ANY
OTHER BUILDINGS AND GROUNDS UNDER THE CARE OF THE ARCHITECT OF THE
CAPTIOL, THE UNITED STATES SUPREME COURT BUILDING AND GROUNDS AS DEFINED
IN SECTION 11 OF THE ACT OF AUGUST 18, 1949, AS AMENDED (40 U. S.C.
13P), //D.C. CODE 9 - 118, 132.// AND THE LIBRARY OF CONGRESS BUILDING
AND GROUNDS AS DEFINED IN SECTION 11 OF THE ACT OF AUGUST 4, 1950, AS
AMENDED (2 U.S.C. 167J), //64 STAT. 412; 84 STAT. 309.// AND EXCEPT TO
THE EXTENT HEREIN SPECIFICALLY PROVIDED, INCLUDING AMENDMENTS MADE BY
THIS SECTION, NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REPEAL,
AMEND, ALTER, MODIFY, OR SUPERSEDE ANY PROVISIONS OF THE ACT OF JULY 31,
1946, AS AMENDED (40 U.S.C. 193A ET SEQ.), OR ANY OTHER OF THE GENERAL
LAWS OF THE UNITED STATES OR ANY OF THE LAWS ENACTED BY THE CONGRESS AND
APPLICABLE EXCLUSIVELY TO THE DISTRICT OF COLUMBIA, //87 STAT. 830// OR
ANY RULE OR REGULATION PROMULGATED PURSUANT THERETO, IN EFFECT ON THE
DATE IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF TITLE IV OF THIS ACT
PERTAINING TO SAID BUILDINGS AND GROUNDS, OR ANY EXISTING AUTHORITY,
WITH RESPECT TO SUCH BUILDINGS AND GROUNDS, VESTED BY LAW, //ANTE, P.
785.// OR OTHERWISE, ON SUCH DATE IMMEDIATELY PRECEDING SUCH EFFECTIVE
DATE, IN THE SENATE, THE HOUSE OF REPRESENTATIVES, THE CONGRESS, OR ANY
COMMITTEE OR COMMISSION OR BOARD THEREOF, THE ARCHITECT OF THE CAPITOL,
OR ANY OTHER OFFICER OF THE LEGISLATIVE BRANCH, THE CHIEF JUSTICE OF THE
UNITED STATES, THE MARSHAL OF THE SUPREME COURT OF THE UNITED STATES, OR
THE LIBRARIAN OF CONGRESS.
(2) NOTWITHSTANDING THE FOREGOING PROVISION OF THIS SECTION, ANY OF
THE SERVICES AND FACILITIES AUTHORIZED BY THIS ACT TO BE RENDERED OR
FURNISHED (INCLUDING MAINTENANCE OF STREETS AND HIGHWAYS, AND SERVICES
UNDER SECTION 731 OF THIS ACT) SHALL, AS FAR AS PRACTICABLE, BE MADE
AVAILABLE TO THE SENATE, THE HOUSE OF REPRESENTATIVES, THE CONGRESS, OR
ANY COMMITTEE OR COMMISSION OR BOARD THEREOF, THE ARCHITECT OF THE
CAPITOL, OR ANY OTHER OFFICER OF THE LEGISLATIVE BRANCH VESTED BY LAW OR
OTHERWISE ON SUCH DATE IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF TITLE
IV OF THIS ACT WITH AUTHORITY OVER SUCH BUILDINGS AND GROUNDS, THE CHIEF
JUSTICE OF THE UNITED STATES, THE MARSHAL OF THE SUPREME COURT OF THE
UNITED STATES, AND THE LIBRARIAN OF CONGRESS, UPON THEIR REQUEST, AND,
IF PAYMENT WOULD BE REQUIRED FOR THE RENDITION OR FURNISHING OF A
SIMILAR SERVICE OR FACILITY TO ANY OTHER FEDERAL AGENCY, PAYMENT
THEREFOR SHALL BE MADE BY THE RECIPIENT THEREOF, UPON PRESENTATION OF
PROPER VOUCHERS, IN ADVANCE OR BY REIMBURSEMENT (AS MAY BE AGREED UPON
BY THE PARTIES RENDERING AND RECEIVING SUCH SERVICES).
(I) EXCEPT TO THE EXTENT OTHERWISE SPECIFICALLY PROVIDED IN THE
PROVISIONS OF THIS SECTION, AND AMENDMENTS MADE BY THIS SECTION, ALL
GENERAL LAWS OF THE UNITED STATES AND ALL LAWS ENACTED BY THE CONGRESS
AND APPLICABLE EXCLUSIVELY TO THE DISTRICT OF COLUMBIA, INCLUDING
REGULATIONS AND RULES PROMULGATED PURSUANT THERETO, IN EFFECT ON THE
DATE IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF TITLE IV OF THIS ACT
AND WHICH, ON SUCH DATE IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF SUCH
TITLE, ARE APPLICABLE TO AND WITHIN THE AREAS INCLUDED WITHIN THE
NATIONAL CAPITAL SERVICE AREA PURSUANT TO THIS SECTION SHALL, ON AND
AFTER SUCH EFFECTIVE DATE, CONTINUE TO BE APPLICABLE TO AND WITHIN SUCH
NATIONAL CAPITAL SERVICE AREA IN THE SAME MANNER AND TO THE SAME EXTENT
AS IF THIS SECTION HAD NOT BEEN ENACTED, AND SHALL REMAIN SO APPLICABLE
UNTIL SUCH TIME AS THEY ARE REPEALED, AMENDED, ALTERED, MODIFIED, OR
SUPERSEDED, AND SUCH LAWS, REGULATIONS AND RULES SHALL THEREAFTER BE
APPLICABLE TO AND WITHIN SUCH AREA IN THE MANNER AND TO THE EXTENT SO
PROVIDED BY ANY SUCH AMENDMENT, ALTERATION, OR MODIFICATION.
(J) IN NO CASE SHALL ANY PERSON BE DENIED THE RIGHT TO VOTE OR
OTHERWISE PARTICIPATE IN ANY MANNER IN ANY ELECTION IN THE DISTRICT OF
COLUMBIA SOLELY BECAUSE SUCH PERSON RESIDES WITHIN THE NATIONAL CAPITAL
SERVICE AREA.
SEC. 740. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHENEVER
THE PRESIDENT OF THE UNITED STATES DETERMINES THAT SPECIAL CONDITIONS OF
AN EMERGENCY NATURE EXIST WHICH REQUIRE THE USE OF THE METROPOLITAN
POLICE FORCE FOR FEDERAL PURPOSES, HE MAY DIRECT THE MAYOR TO PROVIDE
HIM, AND THE MAYOR SHALL PROVIDE, SUCH SERVICES OF THE METROPOLITAN
POLICE FORCE AS THE PRESIDENT MAY DEEM NECESSARY AND APPROPRIATE. IN NO
CASE, HOWEVER, SHALL SUCH SERVICES MADE AVAILABLE PURSUANT TO ANY SUCH
DIRECTION UNDER THIS SUBSECTION EXTEND FOR A PERIOD IN EXCESS OF
FORTY-EIGHT HOURS UNLESS THE PRESIDENT HAS, PRIOR TO THE EXPIRATION OF
SUCH PERIOD, //87 STAT. 831// NOTIFIED THE CHAIRMAN AND RANKING MINORITY
MEMBERS OF THE COMMITTEES ON THE DISTRICT OF COLUMBIA OF THE SENATE AND
THE HOUSE OF REPRESENTATIVES, IN WRITING, AS TO THE REASON FOR SUCH
DIRECTION AND THE PERIOD OF TIME DURING WHICH THE NEED FOR SUCH SERVICES
IS LIKELY TO CONTINUE.
(B) SUBJECT TO THE PROVISIONS OF SUBSECTION (C) OF THIS SECTION, SUCH
SERVICES MADE AVAILABLE IN ACCORDANCE WITH SUBSECTION (A) OF THIS
SECTION SHALL TERMINATE UPON THE END OF SUCH EMERGENCY, THE EXPIRATION
OF A PERIOD OF THIRTY DAYS FOLLOWING THE DATE ON WHICH SUCH SERVICES ARE
FIRST MADE AVAILABLE, OR THE ADOPTION OF A RESOLUTION BY EITHER THE
SENATE OR THE HOUSE OF REPRESENTATIVES PROVIDING FOR SUCH TERMINATION,
WHICHEVER FIRST OCCURS.
(C) NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SECTION, IN ANY
CASE IN WHICH SUCH SERVICES ARE MADE AVAILABLE IN ACCORDANCE WITH THE
PROVISIONS OF SUBSECTION (A) OF THIS SECTION DURING ANY PERIOD OF AN
ADJOURNMENT OF THE CONGRESS SINE DIE, SUCH SERVICES SHALL TERMINATE UPON
THE END OF THE EMERGENCY, THE EXPIRATION OF THE THIRTY-DAY PERIOD
FOLLOWING THE DATE ON WHICH CONGRESS FIRST CONVENES FOLLOWING SUCH
ADJOURNAMENT, OR THE ADOPTION OF A RESOLUTION BY EITHER THE SENATE OR
THE HOUSE OF REPRESENTATIVES PROVIDING FOR SUCH TERMINATION, WHICHEVER
FIRST OCCURS.
EXCEPT TO THE EXTENT PROVIDED FOR IN SUBSECTION (C) OF THIS SECTION,
NO SUCH SERVICES MADE AVAILABLE PURSUANT TO THE DIRECTION OF THE
PRESIDENT PURSUANT TO SUBSECTION (A) OF THIS SECTION SHALL EXTEND FOR
ANY PERIOD IN EXCESS OF THIRTY DAYS, UNLESS THE SENATE AND THE HOUSE OF
REPRESENTATIVES APPROVE A CONCURRENT RESOLUTION AUTHORIZING SUCH AN
EXTENSION.
SEC. 741. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO PERSON WHO
IS OTHERWISE QUALIFIED TO HOLD THE OFFICE OF CHAIRMAN OR MEMBER OF THE
COUNCIL OR MAYOR SHALL BE DISQUALIFIED FROM BEING A CANDIDATE FOR SUCH
OFFICE BY REASON OF HIS EMPLOYMENT IN THE COMPETITIVE OR EXCEPTED
SERVICE OF THE UNITED STATES. FOR THE PURPOSES OF THIS SECTION, A
PERSON SHALL BE DEEMED TO BE A CANDIDATE ON AND AFTER THE DATE HE
QUALIFIES UNDER APPLICABLE PROVISIONS OF LAW IN THE DISTRICT TO HAVE HIS
NAME PLACED ON THE BALLOT IN EITHER A PRIMARY OR GENERAL ELECTION FOR
THE OFFICE FOR WHICH HE IS A CANDIDATE. SUCH CANDIDACY SHALL
TERMINATE--
(1) WITH RESPECT TO A PERSON WHO HAS BEEN DEFEATED IN A PRIMARY
ELECTION HELD TO NOMINATE CANDIDATES FOR THE OFFICE FOR WHICH HE
IS A CANDIDATE, ON THE DAY OF SUCH PRIMARY ELECTION:
(2) WITH RESPECT TO A PERSON WHO IS DEFEATED IN THE GENERAL
ELECTION HELD FOR THE OFFICE FOR WHICH HE IS A CANDIDATE, ON THE
DATE OF SUCH GENERAL ELECTION; AND
(3) WITH RESPECT TO A PERSON WHO IS ELECTED IN THE GENERAL
ELECTION HELD FOR THE OFFICE FOR WHICH HE IS A CANDIDATE, ON THE
DATE SUCH PERSON ASSUMES SUCH OFFICE.
SEC. 742. (A) ALL MEETINGS (INCLUDING HEARINGS) OF ANY DEPARTMENT,
AGENCY, BOARD, OR COMMISSION OF THE DISTRICT GOVERNMENT, INCLUDING
MEETINGS OF THE DISTRICT COUNCIL, AT WHICH OFFICIAL ACTION OF ANY KIND
IS TAKEN SHALL BE OPEN TO THE PUBLIC. NO RESOLUTION, RULE, ACT,
REGULATION, OR OTHER OFFICIAL ACTION SHALL BE EFFECTIVE UNLESS TAKEN,
MADE, OR ENACTED AT SUCH MEETING.
(B) A WRITTEN TRANSCRIPT OR A TRANSCRIPTION SHALL BE KEPT FOR ALL
SUCH MEETINGS AND SHALL BE MADE AVAILABLE TO THE PUBLIC DURING NORMAL
BUSINESS HOURS OF THE DISTRICT GOVERNMENT. //87 STAT. 832// COPIES OF
SUCH WRITTEN TRANSCRIPTS OR COPIES OF SUCH TRANSCRIPTIONS SHALL BE
AVAILABLE UPON REQUEST TO THE PUBLIC AT REASONABLE COST.
SEC. 743. (A) THE FIRST SECTION OF THE ACT ENTITLED, "AN ACT TO
AUTHORIZE THE COMMISSIONERS OF THE DISTRICT OF COLUMBIA TO BORROW FUNDS
FOR CAPITAL IMPROVEMENT PROGRAMS AND TO AMEND PROVISIONS OF LAW RELATING
TO FEDERAL GOVERNMENT PARTICIPATION IN MEETING COSTS OF MAINTAINING THE
NATION'S CAPITAL CITY", APPROVED JUNE 6, 1958 (72 STAT. 183; D.C.
CODE, SEC. 9 - 220), IS AMENDED BY STRIKING OUT SUBSECTIONS (B), (C),
(D), AND (E).
(B) THE ACT ENTITLED "AN ACT AUTHORIZING LOANS FROM THE UNITED STATES
TREASURY FOR THE EXPANSION OF THE DISTRICT OF COLUMBIA WATER SYSTEM",
APPROVED JUNE 2, 1950 (60 STAT. 195; D.C. CODE, SEC. 43 - 1540), IS
REPEALED.
(C) TITLE II OF THE ACT ENTITLED "AN ACT TO AUTHORIZE THE FINANCING
OF A PROGRAM OF PUBLIC WORKS CONSTRUCTION FOR THE DISTRICT OF COLUMBIA,
AND FOR OTHER PURPOSES," APPROVED MAY 18, 1954 (68 STAT. 108), IS
AMENDED BY STRIKING OUT SECTIONS 213, 214, 216, 217, AND 218 (D.C.
CODE, SECTIONS 43 - 1612, 43 - 1613, 43 - 1615, 43 - 1616, AND 43 -
1617), AUTHORIZING LOANS FROM THE UNITED STATES TREASURY FOR SANITARY
AND COMBINED SEWER SYSTEMS OF THE DISTRICT.
(D) SECTION 402 OF TITLE IV OF SUCH ACT APPROVED MAY 18, 1954 (68
STAT. 110; D.C. CODE, SEC. 7 - 133), AUTHORIZING LOANS FROM THE UNITED
STATES TREASURY FOR THE DISTRICT OF COLUMBIA HIGHWAY CONSTRUCTION
PROGRAM, IS REPEALED.
(E) NOTHING CONTAINED IN THIS SECTION SHALL BE DEEMED TO RELIEVE THE
DISTRICT OF ITS OBLIGATION TO REPAY ANY LOAN MADE TO IT UNDER THE
AUTHORITY OF THE ACTS SPECIFIED IN THE PRECEDING SUBSECTIONS, NOR TO
PRECLUDE THE DISTRICT FROM USING THE UNEXPENDED BALANCE OF ANY SUCH LOAN
APPROPRIATED TO THE DISTRICT PRIOR TO THE EFFECTIVE DATE OF THIS
PROVISION, NOR TO PREVENT THE DISTRICT FROM FULFILLING THE PROVISIONS OF
SECTION 722.
SEC. 751. THE DISTRICT OF COLUMBIA ELECTION ACT (D.C. CODE, SECS. 1
- 1101 - 1 - 1115) IS AMENDED AS FOLLOWS:
(1) THE FIRST SECTION OF SUCH ACT (D.C. CODE, SEC. 1 - 1101) IS
AMENDED BY INSERTING IMMEDIATELY AFTER "BOARD OF EDUCATION", THE
FOLLOWING: "THE MEMBERS OF THE COUNCIL OF THE DISTRICT OF COLUMBIA, THE
MAYOR". //69 STAT. 699; 85 STAT. 788.//
(2) SECTION 2 OF SUCH ACT (D.C. CODE, SEC. 1 - 1102) //ANTE, P.
311.// IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW
PARAGRAPHS:
"(8) THE TERM 'COUNCIL' OR 'COUNCIL OF THE DISTRICT OF COLUMBIA'
MEANS THE COUNCIL OF THE DISTRICT OF COLUMBIA ESTABLISHED PURSUANT TO
THE DISTRICT OF COLUMBIA SELF-GOVERNMENT AND GOVERNMENTAL REORGANIZATION
ACT."
"(9) THE TERM 'MAYOR' MEANS THE OFFICE OF MAYOR OF THE DISTRICT OF
COLUMBIA ESTABLISHED PURSUANT TO THE DISTRICT OF COLUMBIA
SELF-GOVERNMENT AND GOVERNMENTAL REORGANIZATION ACT."
(3) SUBSECTIONS (H), (I), (J), AND (K) OF SECTION 8 OF SUCH ACT //87
STAT. 833// (D.C. CODE, SEC. 1 - 1108) //84 STAT. 849; 85 STAT. 790;
ANTE, P. 312. 313.// ARE AMENDED TO READ AS FOLLOWS:
"(H) (1) (A) THE DELEGATE, MAYOR, CHAIRMAN OF THE DISTRICT COUNCIL
AND THE FOUR AT-LARGE MEMBERS OF THE COUNCIL SHALL BE ELECTED BY THE
REGISTERED QUALIFIED ELECTORS OF THE DISTRICT OF COLUMBIA IN A GENERAL
ELECTION. EACH CANDIDATE FOR THE OFFICE OF DELEGATE, MAYOR, CHAIRMAN OF
THE DISTRICT COUNCIL, AND AT-LARGE MEMBERS OF THE COUNCIL IN ANY GENERAL
ELECTION SHALL, EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (J) OF THIS
SECTION AND SECTION 10 (D), HAVE BEEN ELECTED BY THE REGISTERED
QUALIFIED ELECTORS AS SUCH CANDIDATE BY THE NEXT PRECEDING PRIMARY
ELECTION. //69 STAT. 702; 84 STAT. 851. D.C. CODE A - 1110.//
"(B) (1) A MEMBER OF THE OFFICE OF COUNCIL (OTHER THAN THE CHAIRMAN
AND ANY MEMBER ELECTED AT LARGE) SHALL BE ELECTED IN A GENERAL ELECTION
BY THE REGISTERED QUALIFIED ELECTORS OF THE RESPECTIVE WARD OF THE
DISTRICT FROM WHICH THE INDIVIDUAL SEEKING SUCH OFFICE WAS ELECTED AS A
CANDIDATE FOR SUCH OFFICE AS PROVIDED IN CLAUSE (II) OF THIS PARAGRAPH.
"(II) EACH CANDIDATE FOR THE OFFICE OF MEMBER OF THE COUNCIL (OTHER
THAN CHAIRMAN AND AT-LARGE MEMBERS) SHALL, EXCEPT AS OTHERWISE PROVIDED
IN SUBSECTION (J) OF THIS SECTION AND SECTION 10 (D), HAVE BEEN ELECTED
AS SUCH A CANDIDATE, BY THE REGISTERED QUALIFIED ELECTORS OF THE WARD OF
THE DISTRICT FROM WHICH SUCH INDIVIDUAL WAS NOMINATED, AT THE NEXT
PRECEDING PRIMARY ELECTION TO FILL SUCH OFFICE WITHIN THAT WARD.
"(2) THE NOMINATION AND ELECTION OF ANY INDIVIDUAL TO THE OFFICE OF
DELEGATE, MAYOR, CHAIRMAN OF THE COUNCIL AND MEMBER OF THE COUNCIL SHALL
BE GOVERNED BY THE PROVISIONS OF THIS ACT. NO POLITICAL PARTY SHALL BE
QUALIFIED TO HOLD A PRIMARY ELECTION TO SELECT CANDIDATES FOR ELECTION
TO ANY SUCH OFFICE IN A GENERAL ELECTION UNLESS, IN THE NEXT PRECEDING
ELECTION YEAR, AT LEAST SEVEN THOUSAND FIVE HUNDRED VOTES WERE CAST IN
THE GENERAL ELECTION FOR A CANDIDATE OF SUCH PARTY FOR ANY SUCH OFFICE
OR FOR ITS CANDIDATES FOR ELECTORS OF PRESIDENT AND VICE PRESIDENT.
"(I) (1) EACH INDIVIDUAL IN A PRIMARY ELECTION FOR CANDIDATE FOR THE
OFFICE OF DELEGATE, MAYOR, CHAIRMAN OF THE COUNCIL, OR AT-LARGE MEMBER
OF THE COUNCIL SHALL BE NOMINATED FOR ANY SUCH OFFICE BY A PETITION (A)
FILED WITH THE BOARD NOT LATER THAN SIXTY DAYS BEFORE THE DATE OF SUCH
PRIMARY ELECTION, AND (B) SIGNED BY AT LEAST TWO THOUSAND REGISTERED
QUALIFIED ELECTORS OF THE SAME POLITICAL PARTY AS THE NOMINEE, OR BY 1
PER CENTUM OF THE DULY REGISTERED MEMBERS OF SUCH POLITICAL PARTY,
WHICHEVER IS LESS, AS SHOWN BY THE RECORDS OF THE BOARD OF ELECTION.
"(2) EACH INDIVIDUAL IN A PRIMARY ELECTION FOR CANDIDATE FOR THE
OFFICE OF MEMBER OF THE COUNCIL (OTHER THAN THE CHAIRMAN AND AT-LARGE
MEMBERS) SHALL BE NOMINATED FOR SUCH OFFICE BY A PETITION (A) FILED WITH
THE BOARD NOT LATER THAN SIXTY DAYS BEFORE THE DATE OF SUCH PRIMARY
ELECTION, AND (B) SIGNED BY AT LEAST TWO HUNDRED AND FIFTH PERSONS IN
THE WARD FROM WHICH SUCH INDIVIDUAL SEEKS ELECTION WHO ARE DULY
REGISTERED IN SUCH WARD UNDER SECTION 7 OF THIS ACT, AND WHO ARE OF THE
SAME POLITICAL PARTY AS THE NOMINEE. //69 STAT. 700; 85 STAT. 790,
795.//
"(3) A NOMINATING PETITION FOR A CANDIDATE IN A PRIMARY ELECTION FOR
ANY SUCH OFFICE MAY NOT BE CIRCULATED FOR SIGNATURE BEFORE THE ONE
HUNDRED FOURTEENTH DAY PRECEDING THE DATE OF SUCH ELECTION AND MAY NOT
BE FILED WITH THE BOARD BEFORE THE EIGHTY-FIFTH DAY PRECEDING SUCH DATE.
THE BOARD MAY PRESCRIBE RULES WITH RESPECT TO THE PREPARATION AND
PRESENTATION OF NOMINATING PETITIONS. THE BOARD SHALL ARRANGE THE
BALLOT OF EACH POLITICAL PARTY IN EACH SUCH PRIMARY ELECTION AS TO
ENABLE A VOTER OF SUCH PARTY TO VOTE FOR NOMINATED CANDIDATES OF THAT
PARTY.
"(J) (1) A DULY QUALIFIED CANDIDATE FOR THE OFFICE OF DELEGATE,
MAYOR, CHAIRMAN OF THE COUNCIL, OR MEMBER OF THE COUNCIL MAY, SUBJECT TO
THE PROVISIONS OF THIS SUBSECTION, BE NOMINATED DIRECTLY AS SUCH A
CANDIDATE FOR ELECTION FOR SUCH OFFICE (INCLUDING ANY SUCH ELECTION TO
BE HELD TO FILL A VACANCY). //87 STAT. 834// SUCH PERSON SHALL BE
NOMINATED BY PETITION (A) FILED WITH THE BOARD NOT LESS THAN SIXTY DAYS
BEFORE THE DATE OF SUCH GENERAL ELECTION, AND (B) IN THE CASE OF A
PERSON WHO IS A CANDIDATE FOR THE OFFICE OF MEMBER OF THE COUNCIL (OTHER
THAN THE CHAIRMAN OR AN AT-LARGE MEMBER), SIGNED BY FIVE HUNDRED VOTERS
WHO ARE DULY REGISTERED UNDER SECTION 7 IN THE WARD FROM WHICH THE
CANDIDATE SEEKS ELECTION; //69 STAT. 700; 85 STAT. 790, 795.// AND IN
THE CASE OF A PERSON WHO IS A CANDIDATE FOR THE OFFICE OF DELEGATE,
MAYOR, CHAIRMAN OF THE COUNCIL, OR AT-LARGE MEMBER OF THE COUNCIL,
SIGNED BY DULY REGISTERED VOTERS EQUAL IN NUMBER TO 1 1/2 PER CENTUM OF
THE TOTAL NUMBER OF REGISTERED VOTERS IN THE DISTRICT, AS SHOWN BY THE
RECORDS OF THE BOARD AS OF ONE HUNDRED FOURTEEN DAYS BEFORE THE DATE OF
SUCH ELECTION, OR BY THREE THOUSAND PERSONS DULY REGISTERED UNDER
SECTION 7, WHICHEVER IS LESS. //D. C. CODE 1 - 1107.// NO SIGNATURES ON
SUCH A PETITION MAY BE COUNTED WHICH HAVE BEEN MADE ON SUCH PETITION
MORE THAN ONE HUNDRED FOURTEEN DAYS BEFORE THE DATE OF SUCH ELECTION.
"(2) NOMINATIONS UNDER THIS SUBSECTION FOR CANDIDATES FOR ELECTION IN
A GENERAL ELECTION TO ANY OFFICE REFERRED TO IN PARAGRAPH (1) SHALL BE
OF NO FORCE AND EFFECT WITH RESPECT TO ANY PERSON WHOSE NAME HAS
APPEARED ON THE BALLOT OF A PRIMARY ELECTION FOR THAT OFFICE HELD WITHIN
EIGHT MONTHS BEFORE THE DATE OF SUCH GENERAL ELECTION.
"(K) (1) IN EACH GENERAL ELECTION FOR THE OFFICE OF MEMBER OF THE
COUNCIL (OTHER THAN THE OFFICE OF THE CHAIRMAN OR AN AT-LARGE MEMBER)
THE BOARD SHALL ARRANGE THE BALLOTS IN EACH WARD TO ENABLE A VOTER
REGISTERED IN THAT WARD TO VOTE FOR ANY ONE CANDIDATE WHO (A) HAS BEEN
DULY ELECTED BY ANY POLITICAL PARTY IN THE NEXT PRECEDING PRIMARY
ELECTION FOR SUCH OFFICE FROM SUCH WARD, (B) HAS BEEN DULY NOMINATED TO
FILL A VACANCY IN SUCH OFFICE IN SUCH WARD PURSUANT TO SECTION 10 (D),
OR (C) HAS BEEN NOMINATED DIRECTLY AS A CANDIDATE FOR SUCH OFFICE IN
SUCH WARD UNDER SUBSECTION (J) OF THIS SECTION. //69 STAT. 702. 84
STAT. 851. D. C. CODE 1 - 1110.//
"(2) IN EACH GENERAL ELECTION FOR THE OFFICE OF CHAIRMAN AND MEMBER
OF THE COUNCIL AT LARGE, THE BOARD SHALL ARRANGE THE BALLOTS TO ENABLE A
REGISTERED QUALIFIED ELECTOR TO VOTE FOR AS MANY CANDIDATES FOR ELECTION
AS MEMBERS AT LARGE AS THERE ARE MEMBERS AT LARGE TO BE ELECTED IN SUCH
ELECTION, INCLUDING THE CHAIRMAN. SUCH CANDIDATES SHALL BE ONLY THOSE
PERSONS WHO (A) HAVE BEEN DULY ELECTED BY ANY POLITICAL PARTY IN THE
NEXT PRECEDING PRIMARY ELECTION FOR SUCH OFFICE, (B) HAVE BEEN DULY
NOMINATED TO FILL VACANCIES IN SUCH OFFICE PURSUANT TO SECTION 10 (D),
OR (C) HAVE BEEN NOMINATED DIRECTLY AS A CANDIDATE UNDER SUBSECTION (J)
OF THIS SECTION.
"(3) IN EACH GENERAL ELECTION FOR THE OFFICE OF DELEGATE AND MAYOR,
THE BOARD SHALL ARRANGE THE BALLOTS TO ENABLE A REGISTERED QUALIFIED
ELECTOR TO VOTE FOR ANY ONE OF THE CANDIDATES FOR ANY SUCH OFFICE WHO
(A) HAS BEEN DULY ELECTED BY ANY POLITICAL PARTY IN THE NEXT PRECEDING
PRIMARY ELECTION FOR SUCH OFFICE, (B) HAS BEEN DULY NOMINATED TO FILL A
VACANCY IN SUCH OFFICE PURSUANT TO SECTION 10 (D), OR (C) HAS BEEN
NOMINATED DIRECTLY AS A CANDIDATE UNDER SUBSECTION (J) OF THIS
SECTION.".
(4) PARAGRAPH (3) OF SECTION 10 (A) OF SUCH ACT (D.C. CODE, SEC. 1 -
1110) //85 STAT. 792. D.C. CODE 1 - 1110.// IS AMENDED (1) BY INSERTING
"(A)" IMMEDIATELY BEFORE THE WORD "EXCEPT.", AND (2) BY ADDING AT THE
END THEREOF THE FOLLOWING:
"(B) EXCEPT AS OTHERWISE PROVIDED IN THE CASE OF SPECIAL ELECTIONS
UNDER THIS ACT PRIMARY ELECTIONS OF EACH POLITICAL PARTY FOR THE OFFICE
OF MEMBER OF THE COUNCIL SHALL BE HELD ON THE FIRST TUESDAY AFTER THE
SECOND MONDAY IN SEPTEMBER IN 1974, AND EVERY SECOND YEAR THEREAFTER,
AND GENERAL ELECTION FOR SUCH OFFICES SHALL BE HELD ON THE FIRST TUESDAY
AFTER THE FIRST MONDAY IN NOVEMBER IN 1974 AND EVERY SECOND YEAR
THEREAFTER.
"(C) EXCEPT AS OTHERWISE PROVIDED IN THE CASE OF A SPECIAL ELECTION
UNDER THIS ACT, //87 STAT. 835// PRIMARY ELECTIONS OF EACH POLITICAL
PARTY FOR THE OFFICE OF MAYOR AND CHAIRMAN SHALL BE HELD ON THE FIRST
TUESDAY AFTER THE SECOND MONDAY IN SEPTEMBER OF EVERY FOURTH YEAR,
COMMENCING WITH CALENDAR YEAR 1974, AND THE GENERAL ELECTION FOR SUCH
OFFICE SHALL BE HELD ON THE FIRST TUESDAY AFTER THE DIRST MONDAY IN
NOVEMBER IN 1974 AND EVERY FOURTH YEAR THEREAFTER.".
(5) PARAGRAPHS (6), (7), (8), AND (9) OF SECTION 10 (A) OF SUCH ACT
//REPEALS. 69 STAT. 702; 84 STAT. 850.// (D.C. CODE, SEC. 1 - 1110) ARE
REPEALED, AND PARAGRAPHS (4) AND (5) OF SUCH SECTION 10 (A) ARE AMENDED
TO READ AS FOLLOWS:
"(4) WITH RESPECT TO SPECIAL ELECTIONS REQUIRED OR AUTHORIZED BY THIS
ACT, THE BOARD MAY ESTABLISH THE DATES ON WHICH SUCH SPECIAL ELECTIONS
ARE TO BE HELD AND PRESCRIBE SUCH OTHER TERMS AND CONDITIONS AS MAY, IN
THE BOARD'S OPINION, BE NECESSARY OR APPROPRIATE FOR THE CONDUCT OF SUCH
ELECTIONS IN A MANNER COMPARABLE TO THAT PRESCRIBED FOR OTHER ELECTIONS
HELD PURSUANT TO THIS ACT.
"(5) GENERAL ELECTIONS FOR MEMBERS OF THE BOARD OF EDUCATION SHALL BE
HELD ON THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVMEBER OF EACH
ODD-NUMBERED CALENDAR YEAR."
(6) SECTION 10 (B) OF SUCH ACT (D.C. CODE, SEC. 1 - 1110) IS AMENDED
BY STRIKING OUT "OTHER THAN GENERAL ELECTIONS FOR THE OFFICE OF DELEGATE
AND FOR MEMBERS OF THE BOARD OF EDUCATION.".
(7) SECTION 10 (C) OF SUCH ACT (D.C. CODE, SEC. 1 - 1110) IS AMENDED
BY STRIKING OUT THE WORDS "OTHER THAN AN ELECTION FOR MEMBERS OF THE
BOARD OF EDUCATION.".
(8) SECTION 10 (D) OF SUCH ACT (D.C. CODE, SEC. 1 - 1110) IS AMENDED
TO READ AS FOLLOWS:
"(D) IN THE EVENT THAT ANY OFFICIAL, OTHER THAN THE DELEGATE, MAYOR,
MEMBER OF THE COUNCIL, MEMBER OF THE BOARD OF EDUCATION, OR A WINNER OF
A PRIMARY ELECTION FOR THE OFFICE OF DELEGATE, MAYOR, OR MEMBER OF THE
COUNCIL, ELECTED PURSUANT TO THIS ACT DIES, RESIGNS, OR BECOMES UNABLE
TO SERVE DURING HIS OR HER TERM OF OFFICE LEAVING NO PERSON ELECTED
PURSUANT TO THIS ACT TO SERVE THE REMAINDER OF THE UNEXPIRED TERM OF
OFFICE, THE SUCCESSOR OR SUCCESSORS TO SERVE THE REMAINDER OF SUCH TERM
SHALL BE CHOSEN PURSUANT TO THE RULES OF THE DULY AUTHORIZED PARTY
COMMITTEE, EXCEPT THAT SUCH SUCCESSOR SHALL HAVE THE QUALIFICATIONS
REQUIRED BY THIS ACT FOR SUCH OFFICE. IN THE EVENT THAT SUCH A VACANCY
OCCURS IN THE OFFICE OF A CANDIDATE FOR THE OFFICE OF DELEGATE, MAYOR,
OR MEMBER OF THE COUNCIL WHO HAS BEEN DECLARED THE WINNER IN THE
PRECEDING PRIMARY ELECTION OF SUCH OFFICE, THE VACANCY MAY BE FILLED NOT
LATER THAN FIFTEEN DAYS PRIOR TO THE NEXT GENERAL ELECTION FOR SUCH
OFFICE, BY NOMINATION BY THE PARTY COMMITTEE OF THE PARTY WHICH
NOMINATED HIS PREDECESSOR. IN THE EVENT THAT SUCH A VACANCY OCCURS IN
THE OFFICE OF DELEGATE MORE THAN EIGHT MONTHS BEFORE THE EXPIRATION OF
ITS TERM OF OFFICE, THE BOARD SHALL CALL SPECIAL ELECTIONS TO FILL SUCH
VACANCY FOR THE REMAINDER OF ITS TERM OF OFFICE."
(9) THE FIRST SENTENCE OF SECTION 15 OF SUCH ACT (D.C. CODE, SEC. 1 -
1115) //82 STAT. 106.// IS AMENDED TO READ AS FOLLOWS: "NO PERSON SHALL
BE A CANDIDATE FOR MORE THAN ONE OFFICE ON THE BOARD OF EDUCATION OR THE
COUNCIL IN ANY ELECTION FOR MEMBERS OF THE BOARD OF EDUCATION OR
COUNCIL, AND NO PERSON SHALL BE A CANDIDATE FOR MORE THAN ONE OFFICE ON
THE COUNCIL IN ANY PRIMARY ELECTION."
(10) SECTION 15 OF SUCH ACT (D.C. CODE, SEC. 1 - 1115) IS FURTHER
AMENDED (1) BY DESIGNATING THE EXISTING TEXT OF SUCH SECTION AS
SUBSECTION (A), AND (2) BY ADDING AT THE END THEREOF THE FOLLOWING NEW
SUBSECTION:
"(B) NO PERSON WHO IS HOLDING THE OFFICE OF MAYOR, DELEGATE, CHAIRMAN
OR MEMBER OF THE COUNCIL, OR MEMBER OF THE SCHOOL BOARD SHALL, WHILE
HOLDING SUCH OFFICE, BE ELIGIBLE AS A CANDIDATE FOR ANY OTHER OF SUCH
OFFICES IN ANY PRIMARY OR GENERAL ELECTION, UNLESS THE TERM OF THE
OFFICE WHICH HE SO HOLDS EXPIRES ON OR PRIOR TO THE DATE ON WHICH HE
WOULD BE ELIGIBLE, IF ELECTED IN SUCH PRIMARY OR GENERAL ELECTION, TO
TAKE THE OFFICE WITH RESPECT TO WHICH SUCH ELECTION IS HELD." //87 STAT.
836//
SEC. 752. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT OR OF ANY
OTHER LAW, THE COUNCIL SHALL HAVE AUTHORITY TO ENACT ANY ACT OR
RESOLUTION WITH RESPECT TO MATTERS INVOLVING OR RELATING TO ELECTIONS IN
THE DISTRICT.
SEC. 761. TO THE EXTENT THAT ANY PROVISIONS OF THIS ACT ARE
INCONSISTENT WITH THE PROVISIONS OF ANY OTHER LAWS THE PROVISIONS OF
THIS ACT SHALL PREVAIL AND SHALL BE DEEMED TO SUPERSEDE THE PROVISIONS
OF SUCH LAWS.
SEC. 771. (A) TITLES I AND V, PARTS A AND G, AND SECTION 722, OF
TITLE VII SHALL TAKE EFFECT ON THE DATE OF ENACTMENT OF THIS ACT.
(B) TITLE II SHALL TAKE EFFECT ON JULY 1, 1974, EXCEPT THAT ANY
PROVISION THEREOF WHICH IN EFFECT TRANSFERS AUTHORITY TO APPOINT ANY
CITIZEN MEMBER OF THE NATIONAL CAPITAL PLANNING COMMISSION OR THE
DISTRICT OF COLUMBIA REDEVELOPMENT LAND AGENCY SHALL TAKE EFFECT ON
JANUARY 2, 1975.
(C) TITLE III AND IV SHALL TAKE EFFECT JANUARY 2, 1975, IF TITLE IV
IS ACCEPTED BY A MAJORITY OF THE REGISTERED QUALIFIED ELECTORS IN THE
DISTRICT OF COLUMBIA VOTING ON THE CHARTER ISSUE IN THE CHARTER
REFERENDUM.
(D) TITLE VI AND PARTS B, D, AND F, AND SECTIONS 721 AND 723, OF
TITLE VII SHALL TAKE EFFECT ONLY IF AND UPON THE DATE THAT TITLE IV
BECOMES EFFECTIVE.
(E) PART E OF TITLE VII SHALL TAKE EFFECT ON THE DATE ON WHICH TITLE
IV IS ACCEPTED BY A MAJORITY OF THE REGISTERED QUALIFIED ELECTORS IN THE
DISTRICT VOTING ON THE CHARTER ISSUE IN THE CHARTER REFERENDUM.
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 482 ACCOMPANYING H. R. 9682 (COMM. ON
THE DISTRICT OF COLUMBIA) AND 93 - 703 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 219 (COMM. ON THE DISTRICT OF
COLUMBIA).
CONGRESSIONAL RECORD, VOL. 119 (1973):
JUNE 20, JULY 10, CONSIDERED AND PASSED SENATE. OCT. 10,
CONSIDERED AND PASSED HOUSE, AMENDED, IN LIEU OF H. R. 9682. DEC.
17, HOUSE AGREED TO CONFERENCE REPORT. DEC. 19, SENATE AGREED TO
CONFERENCE REPORT.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VOL. 9,
NO. 52: DEC. 24, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-198; 87 STAT. 774, DISTRICT OF COLUMBIA
SELF-GOVERNMENT AND GOVERNMENTAL REORGANIZATION ACT (TITLE IV)
SEC. 401. (A) THERE IS ESTABLISHED A COUNCIL OF THE DISTRICT OF
COLUMBIA; AND THE MEMBERS OF THE COUNCIL SHALL BE ELECTED BY THE
REGISTERED QUALIFIED ELECTORS OF THE DISTRICT.
(B) (1) THE COUNCIL ESTABLISHED UNDER SUBSECTION (A) SHALL CONSIST OF
THIRTEEN MEMBERS ELECTED ON A PARTISAN BASIS. THE CHAIRMAN AND FOUR
MEMBERS SHALL BE ELECTED AT LARGE IN THE DISTRICT, AND EIGHT MEMBERS
SHALL BE ELECTED ONE EACH FROM THE EIGHT ELECTION WARDS ESTABLISHED,
FROM TIME TO TIME, UNDER THE DISTRICT OF COLUMBIA ELECTION ACT. //69
STAT. 699. D.C. CODE 1 - 1101 NOTE.// THE TERM OF OFFICE OF THE MEMBERS
OF THE COUNCIL SHALL BE FOUR YEARS, EXCEPT AS PROVIDED IN PARAGRAPH (3),
AND SHALL BEGIN AT NOON ON JANUARY 2 OF THE YEAR FOLLOWING THEIR
ELECTION.
(2) IN THE CASE OF THE FIRST ELECTION HELD FOR THE OFFICE OF MEMBER
OF THE COUNCIL AFTER THE EFFECTIVE DATE OF THIS TITLE, NOT MORE THAN TWO
OF THE AT-LARGE MEMBERS (EXCLUDING THE CHAIRMAN) SHALL BE NOMINATED BY
THE SAME POLITICAL PARTY. THEREAFTER, A POLITICAL PARTY MAY NOMINATE A
NUMBER OF CANDIDATES FOR THE OFFICE OF AT-LARGE MEMBER OF THE COUNCIL
EQUAL TO ONE LESS THAN THE TOTAL NUMBER OF AT-LARGE MEMBERS (EXCLUDING
THE CHAIRMAN) TO BE ELECTED IN SUCH ELECTION.
(3) OF THE MEMBERS FIRST ELECTED AFTER THE EFFECTIVE DATE OF THIS
TITLE, THE CHAIRMAN AND TWO MEMBERS ELECTED AT-LARGE AND FOUR OF THE
MEMBERS ELECTED FROM ELECTION WARDS SHALL SERVE FOR FOUR-YEAR TERMS;
AND TWO OF THE AT-LARGE MEMBERS AND FOUR OF THE MEMBERS ELECTED FROM
ELECTION WARDS SHALL SERVE FOR TWO-YEAR TERMS. THE MEMBERS TO SERVE THE
FOUR-YEAR TERMS AND THE MEMBERS TO SERVE THE TWO-YEAR TERMS SHALL BE
DETERMINED BY THE BOARD OF ELECTIONS BY LOT, EXCEPT THAT NOT MORE THAN
ONE OF THE AT-LARGE MEMBERS NOMINATED BY ANY POLITICAL PARTY SHALL SERVE
FOR ANY SUCH FOUR-YEAR TERM.
(C) THE COUNCIL MAY ESTABLISH AND SELECT SUCH OTHER OFFICERS AND
EMPLOYEES AS IT DEEMS NECESSARY AND APPROPRIATE TO CARRY OUT THE
FUNCTIONS OF THE COUNCIL.
(D) (1) IN THE EVENT OF A VACANCY IN THE COUNCIL OF A MEMBER ELECTED
FROM A WARD, THE BOARD OF ELECTIONS SHALL HOLD A SPECIAL ELECTION IN
SUCH WARD TO FILL SUCH VACANCY ON THE FIRST TUESDAY OCCURRING MORE THAN
ONE HUNDRED AND FOURTEEN DAYS AFTER THE DATE ON WHICH SUCH VACANCY
OCCURS, UNLESS THE BOARD OF ELECTIONS DETERMINES THAT SUCH VACANCY COULD
BE MORE PRACTICABLY FILLED IN A SPECIAL ELECTION HELD ON THE SAME DAY AS
THE NEXT GENERAL ELECTION TO BE HELD IN THE DISTRICT OCCURRING WITHIN
SIXTY DAYS OF THE DATE ON WHICH A SPECIAL ELECTION WOULD OTHERWISE HAVE
BEEN HELD UNDER THE PROVISIONS OF THIS SUBSECTION. THE PERSON ELECTED
AS A MEMBER TO FILL A VACANCY ON THE COUNCIL SHALL TAKE OFFICE ON THE
DATE ON WHICH THE BOARD OF ELECTIONS CERTIFIES HIS ELECTION, AND SHALL
SERVE AS A MEMBER OF THE COUNCIL ONLY FOR THE REMAINDER OF THE TERM
DURING WHICH SUCH VACANCY OCCURRED. //87 STAT. 786//
(2) IN THE EVENT OF A VACANCY IN THE OFFICE OF MAYOR, AND IF THE
CHAIRMAN BECOMES A CANDIDATE FOR THE OFFICE OF MAYOR TO FILL SUCH
VACANCY, THE OFFICE OF CHAIRMAN SHALL BE DEEMED VACANT AS OF THE DATE OF
THE FILING OF HIS CANDIDACY. IN THE EVENT OF A VACANCY IN THE COUNCIL
OF A MEMBER ELECTED AT LARGE, OTHER THAN A VACANCY IN THE OFFICE OF
CHAIRMAN, WHO IS AFFILIATED WITH A POLITICAL PARTY, THE CENTRAL
COMMITTEE OF SUCH POLITICAL PARTY SHALL APPOINT A PERSON TO FILL SUCH
VACANCY, UNTIL THE BOARD OF ELECTIONS CAN HOLD A SPECIAL ELECTION TO
FILL SUCH VACANCY, AND SUCH SPECIAL ELECTION SHALL BE HELD ON THE FIRST
TUESDAY OCCURRING MORE THAN ONE HUNDRED AND FOURTEEN DAYS AFTER THE DATE
ON WHICH SUCH VACANCY OCCURS UNLESS THE BOARD OF ELECTIONS DETERMINES
THAT SUCH VACANCY COULD BE MORE PRACTICABLY FILLED IN A SPECIAL ELECTION
HELD ON THE SAME DAY AS THE NEXT GENERAL ELECTION TO BE HELD IN THE
DISTRICT OCCURRING WITHIN SIXTY DAYS OF THE DATE ON WHICH A SPECIAL
ELECTION WOULD OTHERWISE BE HELD UNDER THE PROVISION OF THIS SUBSECTION.
THE PERSON APPOINTED TO FILL SUCH VACANCY SHALL TAKE OFFICE ON THE DATE
OF HIS APPOINTMENT AND SHALL SERVE AS A MEMBER OF THE COUNCIL UNTIL THE
DAY ON WHICH THE BOARD CERTIFIES THE ELECTION OF THE MEMBER ELECTED TO
FILL SUCH VACANCY IN EITHER A SPECIAL ELECTION OR A GENERAL ELECTION.
THE PERSON ELECTED AS A MEMBER TO FILL SUCH A VACANCY ON THE COUNCIL
SHALL TAKE OFFICE ON THE DAY ON WHICH THE BOARD OF ELECTIONS CERTIFIES
HIS ELECTION, AND SHALL SERVE AS A MEMBER OF THE COUNCIL ONLY FOR THE
REMAINDER OF THE TERM DURING WHICH SUCH VACANCY OCCURRED. WITH RESPECT
TO A VACANCY ON THE COUNCIL OF A MEMBER ELECTED AT LARGE WHO IS NOT
AFFILIATED WITH ANY POLITICAL PARTY, THE COUNCIL SHALL APPOINT A
SIMILARLY NONAFFILIATED PERSON TO FILL SUCH VACANCY UNTIL SUCH VACANCY
CAN BE FILLED IN A SPECIAL ELECTION IN THE MANNER PRESCRIBED IN THIS
PARAGRAPH. SUCH PERSON APPOINTED BY THE COUNCIL SHALL TAKE OFFICE AND
SERVE AS A MEMBER AT THE SAME TIME AND FOR THE SAME TERM AS A MEMBER
APPOINTED BY A CENTRAL COMMITTEE OF A POLITICAL PARTY.
(3) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, AT NO TIME
SHALL THERE BE MORE THAN THREE MEMBERS (INCLUDING THE CHAIRMAN) SERVING
AT LARGE ON THE COUNCIL WHO ARE AFFILIATED WITH THE SAME POLITICAL
PARTY.
SEC. 402. NO PERSON SHALL HOLD THE OFFICE OF MEMBER OF THE COUNCIL,
INCLUDING THE OFFICE OF CHAIRMAN, UNLESS HE (A) IS A QUALIFIED ELECTOR,
(B) IS DOMICILED IN THE DISTRICT AND IF HE IS NOMINATED FOR ELECTION
FROM A PARTICULAR WARD, RESIDES IN THE WARD FROM WHICH HE IS NOMINATED,
(C) HAS RESIDED AND BEEN DOMICILED IN THE DISTRICT FOR ONE YEAR
IMMEDIATELY PRECEDING THE DAY ON WHICH THE GENERAL OR SPECIAL ELECTION
FOR SUCH OFFICE IS TO BE HELD, AND (D) HOLDS NO PUBLIC OFFICE (OTHER
THAN HIS EMPLOYMENT IN AND POSITION AS A MEMBER OF THE COUNCIL), FOR
WHICH HE IS COMPENSATED IN AN AMOUNT IN EXCESS OF HIS ACTUAL EXPENSES IN
CONNECTION THEREWITH, EXCEPT THAT NOTHING IN THIS CLAUSE SHALL PROHIBIT
ANY SUCH PERSON, WHILE A MEMBER OF THE COUNCIL, FROM SERVING AS A
DELEGATE OR ALTERNATE DELEGATE TO A CONVENTION OF A POLITICAL PARTY
NOMINATING CANDIDATES FOR PRESIDENT AND VICE PRESIDENT OF THE UNITED
STATES, OR FROM HOLDING AN APPOINTMENT IN A RESERVE COMPONENT OF AN
ARMED FORCE OF THE UNITED STATES OTHER THAN A MEMBER SERVING ON ACTIVE
DUTY UNDER A CALL FOR MORE THAN THIRTY DAYS. A MEMBER OF THE COUNCIL
SHALL FORFEIT HIS OFFICE UPON FAILURE TO MAINTAIN THE QUALIFICATIONS
REQUIRED BY THIS SECTION, AND, IN THE CASE OF THE CHAIRMAN, SECTION
403(C).
SEC. 403. (A) //87 STAT. 787// EACH MEMBER OF THE COUNCIL SHALL
RECEIVE COMPENSATION, PAYABLE IN PERIODIC INSTALLMENTS, AT A RATE EQUAL
TO THE MAXIMUM RATE AS MAY BE ESTABLISHED FROM TIME TO TIME FOR GRADE 12
OF THE GENERAL SCHEDULE UNDER SECTION 5332 OF TITLE 5 OF THE UNITED
STATES CODE. //5 USC 5332 NOTE.// ON AND AFTER THE END OF THE TWO-YEAR
PERIOD BEGINNING ON THE DAY THE MEMBERS OF THE COUNCIL FIRST ELECTED
UNDER THIS ACT TAKE OFFICE, THE COUNCIL MAY, BY ACT, INCREASE OR
DECREASE SUCH RATE OF COMPENSATION. SUCH CHANGE IN COMPENSATION, UPON
ENACTMENT BY THE COUNCIL IN ACCORDANCE WITH THE PROVISIONS OF THIS ACT,
SHALL APPLY WITH RESPECT TO THE TERM OF MEMBERS OF THE COUNCIL BEGINNING
AFTER THE DATE OF ENACTMENT OF SUCH CHANGE.
(B) ALL MEMBERS OF THE COUNCIL SHALL RECEIVE ADDITIONAL ALLOWANCES
FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR
DUTIES OF OFFICE AS MAY BE APPROVED BY THE COUNCIL.
(C) THE CHAIRMAN SHALL RECEIVE, IN ADDITION TO THE COMPENSATION TO
WHICH HE IS ENTITLED AS A MEMBER OF THE COUNCIL, $10,000 PER ANNUM,
PAYABLE IN EQUAL INSTALLMENTS, FOR EACH YEAR HE SERVES AS CHAIRMAN, BUT
THE CHAIRMAN SHALL NOT ENGAGE IN ANY EMPLOYMENT (WHETHER AS AN EMPLOYEE
OR AS A SELF-EMPLOYED INDIVIDUAL) OR HOLD ANY POSITION (OTHER THAN HIS
POSITION AS CHAIRMAN), FOR WHICH HE IS COMPENSATED IN AN AMOUNT IN
EXCESS OF HIS ACTUAL EXPENSES IN CONNECTION THEREWITH.
SEC. 404. (A) SUBJECT TO THE LIMITATIONS SPECIFIED IN TITLE VI OF
THIS ACT, //POST, P. 813.// THE LEGISLATIVE POWER GRANTED TO THE
DISTRICT BY THIS ACT IS VESTED IN AND SHALL BE EXERCISED BY THE COUNCIL
IN ACCORDANCE WITH THIS ACT. IN ADDITION, EXCEPT AS OTHERWISE PROVIDED
IN THIS ACT, ALL FUNCTIONS GRANTED TO OR IMPOSED UPON, OR VESTED IN OR
TRANSFERRED TO THE DISTRICT OF COLUMBIA COUNCIL, AS ESTABLISHED BY
REORGANIZATION PLAN NUMBER 3 OF 1967, SHALL BE CARRIED OUT BY THE
COUNCIL IN ACCORDANCE WITH THE PROVISIONS OF THIS ACT. //81 STAT. 948.
5 USC APP.//
(B) THE COUNCIL SHALL HAVE AUTHORITY TO CREATE, ABOLISH, OR ORGANIZE
ANY OFFICE, AGENCY, DEPARTMENT OR INSTRUMENTALITY OF THE GOVERNMENT OF
THE DISTRICT AND TO DEFINE THE POWERS, DUTIES, AND RESPONSIBILITIES OF
ANY SUCH OFFICE, AGENCY, DEPARTMENT, OR INSTRUMENTALITY.
(C) THE COUNCIL SHALL ADOPT AND PUBLISH RULES OF PROCEDURES WHICH
SHALL INCLUDE PROVISIONS FOR ADEQUATE NOTIFICATION OF INTENDED ACTIONS
OF THE COUNCIL.
(D) EVERY ACT SHALL BE PUBLISHED AND CODIFIED UPON BECOMING LAW AS
THE COUNCIL MAY DIRECT.
(E) AN ACT PASSED BY THE COUNCIL SHALL BE PRESENTED BY THE CHAIRMAN
OF THE COUNCIL TO THE MAYOR, WHO SHALL, WITHIN TEN CALENDAR DAYS
(EXCLUDING SATURDAYS, SUNDAYS, AND HOLIDAYS) AFTER THE ACT IS PRESENTED
TO HIM, EITHER APPROVE OR DISAPPROVE SUCH ACT. IF THE MAYOR SHALL
APPROVE SUCH ACT, HE SHALL INDICATE THE SAME BY AFFIXING HIS SIGNATURE
THERETO, AND SUCH ACT SHALL BECOME LAW SUBJECT TO THE PROVISIONS OF
SECTION 602(C). IF THE MAYOR SHALL DISAPPROVE SUCH ACT, HE SHALL,
WITHIN TEN CALENDAR DAYS (EXCLUDING SATURDAYS, SUNDAYS, AND HOLIDAYS)
AFTER IT IS PRESENTED TO HIM, RETURN SUCH ACT TO THE COUNCIL SETTING
FORTH IN WRITING HIS REASONS FOR SUCH DISAPPROVAL. IF ANY ACT SO PASSED
SHALL NOT BE RETURNED TO THE COUNCIL BY THE MAYOR WITHIN TEN CALENDAR
DAYS AFTER IT SHALL HAVE BEEN PRESENTED TO HIM, THE MAYOR SHALL BE
DEEMED TO HAVE APPROVED IT, AND SUCH ACT SHALL BECOME LAW SUBJECT TO THE
PROVISIONS OF SECTION 602(C). IF, WITHIN THIRTY CALENDAR DAYS AFTER AN
ACT HAS BEEN TIMELY RETURNED BY THE MAYOR TO THE COUNCIL WITH HIS
DISAPPROVAL, TWO-THIRDS OF THE MEMBERS OF THE COUNCIL PRESENT AND VOTING
VOTE TO REENACT SUCH ACT, //87 STAT. 788// THE ACT SO REENACTED SHALL BE
TRANSMITTED BY THE CHAIRMAN TO THE PRESIDENT OF THE UNITED STATES.
SUBJECT TO THE PROVISIONS OF SECTION 602(C), //POST, P. 814.// SUCH ACT,
EXCEPT ANY ACT OF THE COUNCIL SUBMITTED TO THE PRESIDENT IN ACCORDANCE
WITH THE BUDGET AND ACCOUNTING ACT, 1921, //42 STAT. 20. 31 USC 1.//
SHALL BECOME LAW AT THE END OF THE THIRTY DAY PERIOD BEGINNING ON THE
DATE OF SUCH TRANSMISSION, UNLESS DURING SUCH PERIOD THE PRESIDENT
DISAPPROVES SUCH ACT.
(F) IN THE CASE OF ANY BUDGET ACT ADOPTED BY THE COUNCIL PURSUANT TO
SECTION 446 OF THIS ACT AND SUBMITTED TO THE MAYOR IN ACCORDANCE WITH
SUBSECTION (E) OF THIS SECTION, THE MAYOR SHALL HAVE POWER TO DISAPPROVE
ANY ITEMS OR PROVISIONS, OR BOTH, OF SUCH ACT AND APPROVE THE REMAINDER.
IN ANY CASE IN WHICH THE MAYOR SO DISAPPROVES OF ANY ITEM OR PROVISION,
HE SHALL APPEND TO THE ACT WHEN HE SIGNS IT A STATEMENT OF THE ITEM OR
PROVISION WHICH HE DISAPPROVES, AND SHALL, WITHIN SUCH TEN-DAY PERIOD,
RETURN A COPY OF THE ACT AND STATEMENT WITH HIS OBJECTIONS TO THE
COUNCIL. IF, WITHIN THIRTY CALENDAR DAYS AFTER ANY SUCH ITEM OR
PROVISION SO DISAPPROVED HAS BEEN TIMELY RETURNED BY THE MAYOR TO THE
COUNCIL, TWO-THIRDS OF THE MEMBERS OF THE COUNCIL PRESENT AND VOTING
VOTE TO REENACT ANY SUCH ITEM OR PROVISION, SUCH ITEM OR PROVISION SO
REENACTED SHALL BE TRANSMITTED BY THE CHAIRMAN TO THE PRESIDENT OF THE
UNITED STATES. IN ANY CASE IN WHICH THE MAYOR FAILS TO TIMELY RETURN
ANY SUCH ITEM OR PROVISION SO DISAPPROVED TO THE COUNCIL, THE MAYOR
SHALL BE DEEMED TO HAVE APPROVED SUCH ITEM OR PROVISION NOT RETURNED,
AND SUCH ITEM OR PROVISION NOT RETURNED SHALL BE TRANSMITTED BY THE
CHAIRMAN TO THE PRESIDENT OF THE UNITED STATES.
SEC. 411. (A) THE CHAIRMAN SHALL BE THE PRESIDING OFFICER OF THE
COUNCIL.
(B) WHEN THE OFFICE OF MAYOR IS VACANT, THE CHAIRMAN SHALL ACT IN HIS
STEAD. WHILE THE CHAIRMAN IS ACTING MAYOR HE SHALL NOT EXERCISE ANY OF
HIS AUTHORITY AS CHAIRMAN OR MEMBER OF THE COUNCIL.
SEC. 412. (A) THE COUNCIL, TO DISCHARGE THE POWERS AND DUTIES IMPOSED
HEREIN, SHALL PASS ACTS AND ADOPT RESOLUTIONS, UPON A VOTE OF A MAJORITY
OF THE MEMBERS OF THE COUNCIL PRESENT AND VOTING, UNLESS OTHERWISE
PROVIDED IN THIS ACT OR BY THE COUNCIL. THE COUNCIL SHALL USE ACTS FOR
ALL LEGISLATIVE PURPOSES. EACH PROPOSED ACT SHALL BE READ TWICE IN
SUBSTANTIALLY THE SAME FORM, WITH AT LEAST THIRTEEN DAYS INTERVENING
BETWEEN EACH READING. UPON FINAL ADOPTION BY THE COUNCIL EACH ACT SHALL
BE MADE IMMEDIATELY AVAILABLE TO THE PUBLIC IN A MANNER WHICH THE
COUNCIL SHALL DETERMINE. IF THE COUNCIL DETERMINES, BY A VOTE OF
TWO-THIRDS OF THE MEMBERS, THAT EMERGENCY CIRCUMSTANCES MAKE IT
NECESSARY THAT AN ACT BE PASSED AFTER A SINGLE READING, OR THAT IT TAKE
EFFECT IMMEDIATELY UPON ENACTMENT, SUCH ACT SHALL BE EFFECTIVE FOR A
PERIOD OF NOT TO EXCEED NINETY DAYS. RESOLUTIONS SHALL BE USED TO
EXPRESS SIMPLE DETERMINATIONS, DECISIONS, OR DIRECTIONS OF THE COUNCIL
OF A SPECIAL OR TEMPORARY CHARACTER.
(B) A SPECIAL ELECTION MAY BE CALLED FOR BY RESOLUTION OF THE COUNCIL
TO PRESENT FOR AN ADVISORY REFERENDUM VOTE OF THE PEOPLE ANY PROPOSITION
UPON WHCIH THE COUNCIL DESIRES TO TAKE ACTION.
(C) A MAJORITY OF THE COUNCIL SHALL CONSTITUTE A QUORUM FOR THE
LAWFUL CONVENING OF ANY MEETING AND FOR THE TRANSACTION OF BUSINESS OF
THE COUNCIL, EXCEPT A LESSER NUMBER MAY HOLD HEARINGS.
SEC. 413. (A) //87 STAT. 789// THE COUNCIL, OR ANY COMMITTEE OR
PERSON AUTHORIZED BY IT, SHALL HAVE POWER TO INVESTIGATE ANY MATTER
RELATING TO THE AFFAIRS OF THE DISTRICT, AND FOR THAT PURPOSE MAY
REQUIRE THE ATTENDANCE AND TESTIMONY OF WITNESSES AND THE PRODUCTION OF
BOOKS, PAPERS, AND OTHER EVIDENCE. FOR SUCH PURPOSE ANY MEMBER OF THE
COUNCIL (IF THE COUNCIL IS CONDUCTING THE INQUIRY) OR ANY MEMBER OF THE
COMMITTEE MAY ISSUE SUBPENAS AND ADMINISTER OATHS UPON RESOLUTION
ADOPTED BY THE COUNCIL OR COMMITTEE, AS APPROPRIATE.
(B) IN CASE OF CONTUMACY BY, OR REFUSAL TO OBEY A SUBPENA ISSUED TO,
ANY PERSON, THE COUNCIL BY RESOLUTION MAY REFER THE MATTER TO THE
SUPERIOR COURT OF THE DISTRICT OF COLUMBIA, WHICH MAY BY ORDER REQUIRE
SUCH PERSON TO APPEAR AND GIVE OR PRODUCE TESTIMONY OR BOOKS, PAPERS, OR
OTHER EVIDENCE, BEARING UPON THE MATTER UNDER INVESTIGATION. ANY
FAILURE TO OBEY SUCH ORDER MAY BE PUNISHED BY SUCH COURT AS A CONTEMPT
THEREOF AS IN THE CASE OF FAILURE TO OBEY A SUBPENA ISSUED, OR TO
TESTIFY, IN A CASE PENDING BEFORE SUCH COURT.
SEC. 421. (A) THERE IS ESTABLISHED THE OFFICE OF MAYOR OF THE
DISTRICT OF COLUMBIA; AND THE MAYOR SHALL BE ELECTED BY THE REGISTERED
QUALIFIED ELECTORS OF THE DISTRICT.
(B) THE MAYOR ESTABLISHED BY SUBSECTION (A) SHALL BE ELECTED, ON A
PARTISAN BASIS, FOR A TERM OF FOUR YEARS BEGINNING AT NOON ON JANUARY 2
OF THE YEAR FOLLOWING HIS ELECTION.
(C) (1) NO PERSON SHALL HOLD THE OFFICE OF MAYOR UNLESS HE (A) IS A
QUALIFIED ELECTOR, (B) HAS RESIDED AND BEEN DOMICILED IN THE DISTRICT
FOR ONE YEAR IMMEDIATELY PRECEDING THE DAY ON WHICH THE GENERAL OR
SPECIAL ELECTION FOR MAYOR IS TO BE HELD, AND (C) IS NOT ENGAGED IN ANY
EMPLOYMENT (WHETHER AS AN EMPLOYEE OR AS A SELF-EMPLOYED INDIVIDUAL) AND
HOLDS NO PUBLIC OFFICE OR POSITION (OTHER THAN HIS EMPLOYMENT IN AND
POSITION AS MAYOR), FOR WHICH HE IS COMPENSATED IN AN AMOUNT IN EXCESS
OF HIS ACTUAL EXPENSES IN CONNECTION THEREWITH, EXCEPT THAT NOTHING IN
THIS CLAUSE SHALL BE CONSTRUED AS PROHIBITING SUCH PERSON, WHILE HOLDING
THE OFFICE OF MAYOR, FROM SERVING AS A DELEGATE OR ALTERNATE DELEGATE TO
A CONVENTION OF A POLITICAL PARTY NOMINATING CANDIDATES FOR PRESIDENT
AND VICE PRESIDENT OF THE UNITED STATES, OR FROM HOLDING AN APPOINTMENT
IN A RESERVE COMPONENT OF AN ARMED FORCE OF THE UNITED STATES OTHER THAN
A MEMBER SERVING ON ACTIVE DUTY UNDER A CALL FOR MORE THAN THIRTY DAYS.
THE MAYOR SHALL FORFEIT HIS OFFICE UPON FAILURE TO MAINTAIN HIS
QUALIFICATIONS REQUIRED BY THIS PARAGRAPH.
(2) TO FILL A VACANCY IN THE OFFICE OF MAYOR, THE BOARD OF ELECTIONS
SHALL HOLD A SPECIAL ELECTION IN THE DISTRICT ON THE FIRST TUESDAY
OCCURRING MORE THAN ONE HUNDRED AND FOURTEEN DAYS AFTER THE DATE ON
WHICH SUCH VACANCY OCCURS, UNLESS THE BOARD OF ELECTIONS DETERMINES THAT
SUCH VACANCY COULD BE MORE PRACTICABLY FILLED IN A SPECIAL ELECTION HELD
ON THE SAME DAY AS THE NEXT GENERAL ELECTION TO BE HELD IN THE DISTRICT
OCCURRING WITHIN SIXTY DAYS OF THE DATE ON WHICH A SPECIAL ELECTION
WOULD OTHERWISE HAVE BEEN HELD UNDER THE PROVISIONS OF THIS PARAGRAPH.
THE PERSON ELECTED MAYOR TO FILL A VACANCY IN THE OFFICE OF MAYOR SHALL
TAKE OFFICE ON THE DAY ON WHICH THE BOARD OF ELECTIONS CERTIFIES HIS
ELECTION, AND SHALL SERVE AS MAYOR ONLY FOR THE REMAINDER OF THE TERM
DURING WHICH SUCH VACANCY OCCURRED. WHEN THE OFFICE OF MAYOR BECOMES
VACANT THE CHAIRMAN SHALL BECOME ACTING MAYOR AND SHALL SERVE FROM THE
DATE SUCH VACANCY OCCURS UNTIL THE DATE ON WHICH THE BOARD OF ELECTIONS
CERTIFIES THE ELECTION OF THE NEW MAYOR AT WHICH TIME HE SHALL AGAIN
BECOME CHAIRMAN. //87 STAT. 790// WHILE THE CHAIRMAN IS ACTING MAYOR,
THE CHAIRMAN SHALL RECEIVE THE COMPENSATION REGULARLY PAID THE MAYOR,
AND SHALL RECEIVE NO COMPENSATION AS CHAIRMAN OR MEMBER OF THE COUNCIL.
WHILE THE CHAIRMAN IS ACTING MAYOR, THE COUNCIL SHALL SELECT ONE OF THE
ELECTED AT-LARGE MEMBERS OF THE COUNCIL TO SERVE AS CHAIRMAN AND ONE TO
SERVE AS CHAIRMAN PRO TEMPORE, UNTIL THE RETURN OF THE REGULARLY ELECTED
CHAIRMAN.
(D) THE MAYOR SHALL RECEIVE COMPENSATION, PAYABLE IN EQUAL
INSTALLMENTS, AT A RATE EQUAL TO THE MAXIMUM RATE, AS MAY BE ESTABLISHED
FROM TIME TO TIME, FOR LEVEL III OF THE EXECUTIVE SCHEDULE IN SECTION
5314 OF TITLE 5 OF THE UNITED STATES CODE. //80 STAT. 460; 83 STAT.
863.// SUCH RATE OF COMPENSATION MAY BE INCREASED OR DECREASED BY ACT OF
THE COUNCIL. SUCH CHANGE IN SUCH COMPENSATION, UPON ENACTMENT BY THE
COUNCIL IN ACCORDANCE WITH THE PROVISIONS OF THIS ACT, SHALL APPLY WITH
RESPECT TO THE TERM OF MAYOR NEXT BEGINNING AFTER THE DATE OF SUCH
CHANGE. IN ADDITION, THE MAYOR MAY RECEIVE AN ALLOWANCE, IN SUCH AMOUNT
AS THE COUNCIL MAY FROM TIME TO TIME ESTABLISH, FOR OFFICIAL, RECEPTION,
AND REPRESENTATION EXPENSES, WHICH HE SHALL CERTIFY IN REASONABLE DETAIL
TO THE COUNCIL.
SEC. 422. THE EXECUTIVE POWER OF THE DISTRICT SHALL BE VESTED IN THE
MAYOR WHO SHALL BE THE CHIEF EXECUTIVE OFFICER OF THE DISTRICT
GOVERNMENT. IN ADDITION, EXCEPT AS OTHERWISE PROVIDED IN THIS ACT, ALL
FUNCTIONS GRANTED TO OR VESTED IN THE COMMISSIONER OF THE DISTRICT OF
COLUMBIA, AS ESTABLISHED UNDER REORGANIZATION PLAN NUMBERED 3 OF 1967,
SHALL BE CARRIED OUT BY THE MAYOR IN ACCORDANCE WITH THIS ACT. //81
STAT. 948. 5 USC APP.// THE MAYOR SHALL BE RESPONSIBLE FOR THE PROPER
EXECUTION OF ALL LAWS RELATING TO THE DISTRICT, AND FOR THE PROPER
ADMINISTRATION OF THE AFFAIRS OF THE DISTRICT COMING UNDER HIS
JURISDICTION OR CONTROL, INCLUDING BUT NOT LIMITED TO THE FOLLOWING
POWERS, DUTIES, AND FUNCTIONS:
(1) THE MAYOR MAY DESIGNATE THE OFFICER OR OFFICERS OF THE EXECUTIVE
DEPARTMENT OF THE DISTRICT WHO MAY, DURING PERIODS OF DISABILITY OR
ABSENCE FROM THE DISTRICT OF THE MAYOR EXECUTE AND PERFORM THE POWERS
AND DUTIES OF THE MAYOR.
(2) THE MAYOR SHALL ADMINISTER ALL LAWS RELATING TO THE APPOINTMENT,
PROMOTION, DISCIPLINE, SEPARATION, AND OTHER CONDITIONS OF EMPLOYMENT OF
PERSONNEL IN THE OFFICE OF THE MAYOR, PERSONNEL IN EXECUTIVE DEPARTMENTS
OF THE DISTRICT, AND MEMBERS OF BOARDS, COMMISSIONS, AND OTHER AGENCIES,
WHO, UNDER LAWS IN EFFECT ON THE DATE IMMEDIATELY PRECEDING THE
EFFECTIVE DATE OF SECTION 711(A) OF THIS ACT, WERE SUBJECT TO
APPOINTMENT AND REMOVAL BY THE COMMISSIONER OF THE DISTRICT OF COLUMBIA.
ALL ACTIONS AFFECTING SUCH PERSONNEL AND SUCH MEMBERS SHALL, UNTIL SUCH
TIME AS LEGISLATION IS ENACTED BY THE COUNCIL SUPERSEDING SUCH LAWS AND
ESTABLISHING A PERMANENT DISTRICT GOVERNMENT MERIT SYSTEM, PURSUANT TO
PARAGRAPH (3), CONTINUE TO SUBJECT TO THE PROVISIONS OF ACTS OF CONGRESS
RELATING TO THE APPOINTMENT, PROMOTION, DISCIPLINE, SEPARATION, AND
OTHER CONDITIONS OF EMPLOYMENT APPLICABLE TO OFFICERS AND EMPLOYEES OF
THE DISTRICT GOVERNMENT, TO SECTION 713(D) OF THIS ACT, AND WHERE
APPLICABLE, TO THE PROVISIONS OF THE JOINT AGREEMENT BETWEEN THE
COMMISSIONERS AND THE CIVIL SERVICE COMMISSION AUTHORIZED BY EXECUTIVE
ORDER NUMBERED 5491 OF NOVEMBER 18, 1930, RELATING TO THE APPOINTMENT OF
DISTRICT PERSONNEL. HE SHALL APPOINT OR ASSIGN PERSONS TO POSITIONS
FORMERLY OCCUPIED, EX-OFFICIO, BY THE COMMISSIONER OF THE DISTRICT OF
COLUMBIA OR BY THE ASSISTANT TO THE COMMISSIONER AND SHALL HAVE POWER TO
REMOVE SUCH PERSONS FROM SUCH POSITIONS. THE OFFICERS AND EMPLOYEES OF
EACH AGENCY WITH RESPECT TO WHICH LEGISLATIVE POWER IS DELEGATED BY THIS
ACT AND WHICH IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF SECTION 711(A)
OF THIS ACT, //87 STAT. 791// WAS NOT SUBJECT TO THE ADMINISTRATIVE
CONTROL OF THE COMMISSIONER OF THE DISTRICT, SHALL CONTINUE TO BE
APPOINTED AND REMOVED IN ACCORDANCE WITH APPLICABLE LAWS UNTIL SUCH TIME
AS SUCH LAWS MAY BE SUPERSEDED BY LEGISLATION PASSED BY THE COUNCIL
ESTABLISHING A PERMANENT DISTRICT GOVERNMENT MERIT SYSTEM PURSUANT TO
PARAGRAPH (3).
(3) THE MAYOR SHALL ADMINISTER THE PERSONNEL FUNCTIONS OF THE
DISTRICT COVERING EMPLOYEES OF ALL DISTRICT DEPARTMENTS, BOARDS,
COMMISSIONS, OFFICES AND AGENCIES, EXCEPT AS OTHERWISE PROVIDED BY THIS
ACT. PERSONNEL LEGISLATION ENACTED BY CONGRESS PRIOR TO OR AFTER THE
EFFECTIVE DATE OF THIS SECTION, INCLUDING, WITHOUT LIMITATION,
LEGISLATION RELATING TO APPOINTMENTS, PROMOTIONS, DISCIPLINE,
SEPARATIONS, PAY, UNEMPLOYMENT COMPENSATION, HEALTH, DISABILITY AND
DEATH BENEFITS, LEAVE, RETIREMENT, INSURANCE, AND VETERANS' PREFERENCE
APPLICABLE TO EMPLOYEES OF THE DISTRICT GOVERNMENT AS SET FORTH IN
SECTION 714(C), //POST, P. 819.// SHALL CONTINUE TO BE APPLICABLE UNTIL
SUCH TIME AS THE COUNCIL SHALL, PURSUANT TO THIS SECTION, PROVIDE FOR
COVERAGE UNDER A DISTRICT GOVERNMENT MERIT SYSTEM. THE DISTRICT
GOVERNMENT MERIT SYSTEM SHALL BE ESTABLISHED BY ACT OF THE COUNCIL. THE
SYSTEM MAY PROVIDE FOR CONTINUED PARTICIPATION IN ALL OR PART OF THE
FEDERAL CIVIL SERVICE SYSTEM AND SHALL PROVIDE FOR PERSONS EMPLOYED BY
THE DISTRICT GOVERNMENT IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF SUCH
SYSTEM PERSONNEL BENEFITS, INCLUDING BUT NOT LIMITED TO PAY, TENURE,
LEAVE, RESIDENCE, RETIREMENT, HEALTH AND LIFE INSURANCE, AND EMPLOYEE
DISABILITY AND DEATH BENEFITS, ALL AT LEAST EQUAL TO THOSE PROVIDED BY
LEGISLATION ENACTED BY CONGRESS, OR REGULATION ADOPTED PURSUANT THERETO,
AND APPLICABLE TO SUCH OFFICERS AND EMPLOYEES IMMEDIATELY PRIOR TO THE
EFFECTIVE DATE OF THE SYSTEM ESTABLISHED PURSUANT TO THIS ACT. THE
DISTRICT GOVERNMENT MERIT SYSTEM SHALL TAKE EFFECT NOT EARLIER THAN ONE
YEAR NOR LATER THAN FIVE YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION.
(4) THE MAYOR SHALL, THROUGH THE HEADS OF ADMINISTRATIVE BOARDS,
OFFICES, AND AGENCIES, SUPERVISE AND DIRECT THE ACTIVITIES OF SUCH
BOARDS, OFFICES, AND AGENCIES.
(5) THE MAYOR MAY SUBMIT DRAFTS OF ACTS TO THE COUNCIL.
(6) THE MAYOR MAY DELEGATE ANY OF HIS FUNCTIONS (OTHER THAN THE
FUNCTION OF APPROVING OR DISAPPROVING ACTS PASSED BY THE COUNCIL OR THE
FUNCTION OF APPROVING