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[86 STAT.

bond of an acting- disbursing officer in case of sickness or abstMice ot disbursing clerk or disbursing agent, is amended— (1) by striking out the second sentence thereof which reads as follows: ''The official bond given by the principal of the office shall be held to cover and apply to the acts of the person appointed to act in his place in such cases."; and (2) by striking out in the third sentence thereof the following: "•, and such acting officer shall be required by the head of the department, independent bureau, or office, to give bond to and in such sum as the disbursing clerk or disbursing agent may require". (x) The paragraph under the heading "Treasury Department" and the sideheading "Offices of disbursing clerks" in the Act entitled "An Act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and eleven, and for other purposes", approved June 17, 1910 (36 Stat. 487; 31 U.S.C. 1015), relating to the bond of the deputy disbursing clerk of the Treasury Department, is amended— (1) by striking out "he shall give bond to the disbursing clerk in such sum as the said disbursing clerk may require,"; and (2) by striking out ", and the official bond of the disbursing clerk executed hereunder shall be made to cover and apply to the acts of the deputy disbursing clerk". (y) The first paragraph immediately above the center heading "Life Saving Service" and with the sideheading "Compensation for disbursements restricted to bonded appointees" contained in the Act entitled "An Act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hmidred and twelve, and for other purposes", approved March 4, 1911 (36 Stat. 1387; 31 U.S.C. 546), is amended by striking out "and who have qualified by giving bonds". (z) The first proviso under the heading "Department of Commerce" and under the subheading "Coast and Geodetic Survey" in the Act entitled "xln Act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and nineteen, and for other purposes", approved July 1, 1918 (40 Stat. 688; 31 U.S.C. 550), relating to the bond required of chiefs of parties under the Coast and Geodetic Survey who are advanced public moneys, is amended by striking out ", who shall give bond under such rules and regulations and in such sum as the Secretary of Commerce may direct,". ,(aa) The Act entitled "An Act making appropriations for the Diplomatic and Consular Service for fiscal year ending June thirtieth, nineteen hundred and nineteen", approved April 15, 1918 (40 Stat. 523; 31 U.S.C. 535), and the Act entitled "An Act making appropriations for the Diplomatic and Consular Service for the fiscal year ending June 30, 1922", approved March 2, 1921 (41 Stat. 1210; 31 U.S.C. 535), relating to the bond required of the commissioner on the part of the United States who is advanced public moneys in connection with activities regarding the United States-Canada boundary, which is under the heading "Boundary Line, Alaska and Canada, and The United States and Canada", are each amended by striking out in the first proviso thereto the following: ", who shall give bond under such rules and regulations and in such sum as the Secretary of State may direct,". (bb) The Act entitled "An Act to authorize disbursing officers of the Army, Navy, and Marine Corps to designate deputies", approved July 3, 1926 (44 Stat. 888; 31 T^S.C. 103a), is amended—

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(1) by strikin<*' out "and the consent of their surety or sureties, if any-'; and (2) by striking out ": Provided, That every deputy so designated for a disbursing officer who is bonded shall, if not already under bond, give bond as required by the head of the department concerned". (cc) Section 2 of the Act entitled "An Act to fix the responsibilities of disbursing and certifying officers, and for other purposes'', approved December 29, 1941 (55 Stat. 875; 31 U.S.C. 82c), is amended by striking out "(2) be required to give bond to the United States, with good and sufficient surety approved by the Secretary of the Treasury, in such amount as may be determined by the head of the department, agency, or establishment concerned, pursuant to standards prescribed by the Secretary of the Treasury, and under such conditions as may be prescribed by the Secretary of the Treasury; and (3)",and inserting in lieu thereof "and (2)-'. (dd) The Act entitled "An Act to provide for the orderly transaction of the public business in the event of the death or of the resignation or separation from office of the Chief Disbursing Officer*', approved December 24, 1942 (61 Stat. 717; 31 U.S.C. 1014), is amended— (1) by striking out in the third sentence "his estate, or the surety on his official bond" and inserting in lieu thereof "or his estate"; (2) by striking out in such third sentence ", and his surety,'' and "under his bond"; and (3) by striking out the last two sentences which read as follows: "The bond of the Acting Chief Disbursing Officer or acting regional disbursing officer shall be an amount at least equal to the minimum amount of the bond required of the Chief Disbursing Officer or the regional disbursing officer, respectively. The Secretary of the Treasury may, from time to time, require the Assistant Chief Disbursing Officer, or the assistant regional disbursing officer, to renew and increase his bond to the United States.". (ee) The first proviso in the Act entitled "An Act to limit the time within which the General Accounting Office shall make final settlement of the monthly or quarterly accounts of fiscal officers, and for other purposes", apjproved May 19, 1947 (61 Stat. 101; 31 LLS.C. 82i), is amended by striking out "or his surety''. (If) The Act entitled "An Act to provide for the orderly transaction of the public business in the event of the death, incapacity, or separation from office of a disbursing officer of the military department", approved July 31, 1953 (67 Stat 296; 31 U.S.C. 103b), is amended— (1) by striking out in the third sentence "^ his estate, or the surety on his official bond," and inserting in lieu thereof "or his estate"; (2) by striking out in such third sentence "and his surety," and "under his bond''; and (3) by striking out the last two sentences thereof which read as follows: "The bond of the deputy disbursing officer shall be an amount at least I'qual to the minimum amount of the bond required of the disbursing officer. The Secretary of the military department concerned may, from time to time, require the deputy disbursing officer to renew and increase his bond to the United States.". (gg) The proviso contained in the first section of the Act entitled "An Act to provide for sundry administrative matters affecting the Federal Government, particularly the Army, Xavy, Air Force, and

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[86 STAT.

State Department, and for other purposes", approved June 4, 1J)5-J: (68 Stat. 176; 31 U.S.C. 95b), is amended by striking out "disbursing officer, agent, or surety of the United States" and inserting in lieu thereof "disbursing officer or agent of the United States'". TITLE 3 3, I ' N I T E D STATES (MJDK

SEC. 232. Section 4(a)(7) of the Act entitled "An Act for creation of the Saint Lawrence Seaway Development Corporation to construct part of the Saint Lawrence Seaway in United States territory in the interest of national security; authorizing the Corporation to consummate certain arrangements with the Saint Lawrence Seaway Authority of Canada relative to construction and operation of the seaway; empowering the Corporation to finance the United States share of the seaway cost on a self-liquidating basis; to establish cooperation with Canada in the control and operation of the Saint Lawrence Seaway; to authorize negotiations with Canada of an agreement on tolls; and for other purposes", approved May 13, 1954 (68 Stat. 94; 33 U.S.C. 984(a)(7)), relating to the power of Corporation to require fidelity bonds of its employees, is amended— (1) by inserting "and" immediately before "delegate"; and (2) by striking out ", require bonds of such of them as the Administrator may designate, and fix the penalties and pay the l)remiums on such bonds". TITLE 4 7, T ' N I T E O STATES ("ODK

SEC. 233. The Act entitled "An Act to authorize payment of expenses of the Washington-Alaska Military Cable and Telegraph System out of receipts of such system as an operating expense", approA-ed May 20. 1926 (44 Stat. 576; 47 U.S.C. 16), is amended by striking out "; and the expenses of procuring necessary official bonds, as determined by the Secretary of the Army, of enlisted men employed in connection with such money transfers, shall be paid out of the receipts of such system as an operating expense". TITLE 4 8, I ' N r i T: !) STATES CODE

72 Stat. 1759.

SEC. 234. Section 4(i) of the Virgin Islands Corporation Act (63 Stat. 352; 48 U.S.C. 1407c (i)), relating to personnel of the. Virgin Islands Corporation, is amended— (1) by inserting "and" immediately before "without regard to the provisions of any other law," and (2) by striking out "; and to require bonds from such of them as the Corporation may designate, the premiums therefor to be paid by the Corporation". TITLE " 0 A P P E N D IX, I N I ' I U D STATES CODE

SEC. 235. Section 6 of the Act entitled "An Act to define, regulate, and punish trading with the enemy, and for other purposes", approved October 6, 1917 (40 Stat. 415: 50 App. U.S.C. 6), relating to the bond of the alien property custodian, is amended by striking out "The alien property custodian shall give such bond or lx)nds, and in such form and amount, and with such security as the President shall l)rescribe.".

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215

PART 3—(.'HANCJES IN PROVISIONS OF LAW CONTAINED IN THE CANAL ZONE CODE TITLE 2, CANAL ZONE CODE

SEC.:>40. Section 121(a) of title 2 of the Canal Zone Code (7«A Stat. 15; 2 C.Z.C. 121 (a)), relating to the bonds of certain personnel of the Panama Canal Company, is amended— (1) by inserting "and" after the semicolon in paragraph (1); (2) by striking out paragraph (2); and (3) by redesignating paragraph (3) as paragraph (2). PART 4—GENERAL REPEAL

PROVISION

(GENERAL R E P E A L E R

SEC. 250. All laws or parts of laws not amended or repealed by p a i t 1, 2, or 3 of this title and providing for surety or fidelity bonds for civilian employees and military personnel of the Federal Government for the faithful performance of their duties are repealed. PART 5—REKNACTMENT OF FORMER PROVISION OF TITLE H, UNITED STATES CODE

-*"'«' P- 202.

XOTIFICA'I'ION OF DEFICIENCIES INCTTRRED BY FEDERAL OFFICALS

SEC. 2t). Whenever any deficiency is discovered in the accounts of any official of the United States or in the accounts of any officer disbursing or chargeable with public money, the accounting officers making such discovery shall notify immediately the head of the department having control over the affairs of such official oi- officer of the nature and amount of such deficiency. Approved June 6, 1972. Public Law 92-311 AN ACT To amend section 316(c) of the Agricultural Adjustment Act of 1938, as amended.

June 6, 1972 [H. R. 1336I]

Be it enacted by the Senate and House of Representatives of the United States of Amenca in Congress assembled. That the second sen- Tobacco. tence of subsection (c) of section 316 of the Agricultural Adjustment Quota transfers. Act of 1938, as amended, is amended to read as follows: "Any lease of 80^stat^220^'' Flue-cured tobacco acreage-poundage marketing quotas from any ^ use i3i4b. farm with an acreage-poundage marketing quota in excess of 2,0(M) pounds filed on or after June 15 in any year shall not be effective unless the acreage planted on both the lessor and the lessee farms during the current marketing year was as much as 50 per centum of the farm acreage allotment in effect for such year." Approved June 6, 1972.

82-081 O - 73 - 17

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Public Law 92-312 June 14, 1972 [S.1140]

Southern Ute Indian T r i b e, Colo. Tribal lands, sale.

Funds.

Mortgages.

62 Stat. 939; 79 Stat. 8 8 7.

[86 STAT.

"

AN ACT To aTifliorize the sale of certain lands of the Southern Ute Indian Tribe, and for other purposes.

Be it enacted by the Seitate and House of liepyesentat'treH of the United States of America in Coiigress assembled.^ That, subject to the provisions of the Southern L'te Indian tribal constitution and the ordinances and resolutions adopted thereunder, any lands that are held by the United States in trust for the Southern Ute Indian Tribe or that are subject to a restriction against alienation or taxation imposed by the United States, and that are not needed for Indian use, may be sold by the Southern Ute Indian Tribe, with the approval of the Secretary of the Interior, and such sale shall terminate the Federal trust or restrictions against alienation or taxation of the lands, except that the trust or restricted status of said lands may be retained, upon approval of the Secretary of the Interior, in any sale to a member of the tribe. SEC. 2. All funds derived from the sale of lands pursuant to this Act shall be used only for the purchase of real property within the boundaries of the Southern Ute Indian Keservation. Title to any lands purchased with such funds and title to any lands reacquired by the tribe by foreclosure of a mortgage or deed of trust shall be taken in the name of the United States in trust for the Southern Ute Indian Tribe. SEC. 3. Any tribal lands that may be sold pursuant to section 1 of this Act may, with the approval of the Secretary of the Interior, be encumbered by a mortgage or deed of trust, and shall be subject to foreclosure or sale pursuant to the terms of such mortgage or deed of trust in accordance with the laws of the State in which the land is located. The United States shall be an indispensable party to any such proceeding with the right of removal of the proceeding to the United States district court for the district in which the land is located, following the procedure in section 1446, title 28 of the United States Code, and the United States shall have the right to appeal from any order of remand in the proceeding. Approved June 14, 1972. Public Law 92-313

June 16, 1972 [S.1736]

Public Buildings Amendments of 1972.

AN ACT To amend the Public Buildings Act of 1959, as amended, to provide for financing the acquisition, construction, alteration, maintenance, operation, and protection of public buildings, 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 "Public Buildings Amendments of 1972". SEC. 2. The Public Buildings Act of 1959 (73 Stat. 479), as amended (40 U.S.C. 601 et seq.), is amended as follows: (1) strike out in subsection (b) of section 4 the figure "$200,000-' and insert the figure "$500,000" in lieu thereof; (2) strike out in subsection (a) of section 12 the following: "as he determines necessary,";

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(8) insert at the end of section 12(c) the following sentence: " I n developing plans for such new buildings, the Administrator shall give due consideration to excellence of architecture and design."; and (4) section 7 is amended to read as follows: "SEC, 7. (a) In order to insure the equitable distribution of public buildings throughout the Ignited States with due regard for the comparative urgency of need for such buildings, except as provided in section 4, no appropriation shall be made to construct, alter, purchase, or to acquire any building to be used as a public building which involves a total expenditure in excess of $500,000 if such construction, alteration, purchase, or acquisition has not been approved by resolutions adopted by the Committee on Public Works of the Senate and House of Representatives, respectively. No appropriation shall be made to lease any space at an average annual rental in excess of $500,000 for use for public purposes if such lease has not been approved by resolutions adopted by the Committee on Public Works of the Senate and House of Representatives, respectively. For the purpose of securing consideration for such approval, the Administrator shall transmit to the Congress a prospectus of the proposed facility, including (but not limited to)— "(1) a brief description of the building to be constructed, altered, purchased, acquired, or the space to be leased under this Act: "(2) the location of the building or space to be leased and an estimate of the maximum cost to the United States of the facility to be constructed, altered, purchased, acquired, or the space to be leased; "(3) a comprehensive plan for providing space for all Government officers and employees in the locality of the proposed facility or the space to be leased, having due regard for suitable space which may continue to be available in existing Government-owned or occupied buildings; "(4) with respect to any project for the construction, alteration, purchase, or acquisition of any building, a statement by the Administrator that suitable space owned by the Government is not available and that suitable rental space is not available at a price commensurate with that to be afforded through the proposed action; and "(5) a statement of rents and other housing costs currently being paid by the Government for Federal agencies to be housed in the building to be constructed, altered, purchased, acquired, or the space to be leased. " (b) The estimated maximum cost of any project approved under this section as set forth in any prospectus may be increased by an amount equal to the percentage increase, if any, as determined by the Administrator, in construction or alteration costs, as the case may be, from the date of transmittal of such prospectus to Congress, but in no event shall the increase authorized by this subsection exceed 10 per centum of such estimated maximum cost.

73 Stat. 482. 40 USC 611.

40 USC 606. Proposed facilities, congressional approval.

Prospectus, transmittal to Congress.

Estimated maximum cost, increase.

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Emergency leasing authority.

66 Stat, 594; 72 Stat. 1709. Real property management financing fund.

Post,

p. 219,

Unexpended balances, merger.

40 USC 296.

Advances.

[86

STAT.

"(c) I n the case of any project approved for construction, alteration, or acquisition by the Committees on Public Works of the Senate and of the House of Representatives, respectively, in accordance with subsection (a) of this section, for which an appropriation has not been made within one year after the date of such approval, either the Committee on Public Works of the Senate or the Committee on Public Works of the House of Representatives, may rescind, b_v resolution, its approval of such project at any time thereafter before such an appropriation has been made. " (d) Nothing in this section shall be construed to prevent the Administrator from entering into emergency leases during any period declared by the President to require such emergency leasing authority, except that no such emergency lease shall be for a period of more than 180 days without approval of a prospectus for such lease in accordance with subsection (a) of this section." SEC. 3. Subsection (f) of section 210 of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S,C. 490(f)), is amended to read as follows: "(f)(1) There is hereby established in the Treasury of the United States on such date as may be determined by the Administrator, a fund into which there shall be deposited the following revenues and collections: " (A) User charges made pursuant to subsection (j) of this section payable in advance or otherwise. " (B) Proceeds with respect to building sites authorized to be leased pursuant to subsection (a) of this section. "(C)Receipts from carriers and others for loss of, or damage to, property belonging to the fund. "(2) Moneys deposited into the fund shall be available for expenditure for real property management and related activities in such amounts as are specified in annual appropriations Acts without regard to fiscal year limitations. "(3) There are hereby merged with the fund established under this subsection, unexpended balances of (A) the Buildings Management Fund (including any surplus therein), established pursuant to this subsection prior to its amendment by the Public Buildings Amendments of 1972; (B) the Construction Services Fund, created by section 9 of the Act of June 14, 1946 (60 Stat. 259), as amended; and (C) any funds appropriated to General Services Administration under the headings 'Repair and Improvement of Public Buildings', 'Construction, Public Buildings Projects', 'Sites and Expenses, Public Buildings Projects', 'Construction, Federal Office Building Numbered 7, Washington, District of Columbia', and 'Additional Court Facilities', in any appropriation Act, for the years prior to the fiscal year in which the fund becomes operational. The fund shall assume all the liabilities, obligations, and commitments of the said (1) Buildings Management Fund, (2) Construction Services Fund, and (3) the appropriations specified in (C) hereof. "(4) There is authorized to be appropriated to the fund for the fiscal year in which the fund becomes operational, and for the succeeding fiscal year, such advances to the fund as may be necessary to carry out its purposes. Such advances shall be repaid within 30 years, with interest at a rate not less than 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 with remaining period to maturity comparable to the average maturities

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of suck advances adjusted to the nearest one-eighth of 1 per centum. "(5) I n any fiscal year there may be deposited to miscellaneous receipts in the Treasury of the United States such amount as may be specified in appropriation Acts. "(6) Nothing in this section shall preclude the Administrator from providing special services not inchided in the standard level user charge on a reimbursable basis and such reimbursements may be credited to the fund established under this subsection.-' SEC. 4. Section 210 of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 490), is amended by adding two new subsections reading as follows: "(]') The Administrator is authorized and directed to charge anyone furnished services, space, quarters, maintenance, repair, or other facilities (hereinafter referred to as space and services), at rates to be determined by the Administrator from time to time and provided for in regulations issued by him. Such rates and charges shall approximate commercial charges for comparable space and services, except that with respect to those buildings for which the Administrator of General Services is responsible for alterations only (as the term 'alter' is defined in section 13(5) of the Public Buildings Act of 1959 (73 Stat. 479), as amended (40 U.S.C. 612(5)), the rates charged the occupant for such services shall be fixed by the Administrator so as to recover only the approximate applicable cost incurred by him in providing such alterations. The Administrator may exempt anyone from the charges required by this subsection if he determines that such charges would be infeasible or impractical. To the extent any such exemption is granted, appropriations to the General Services Administration are authorized to reimburse the fund for any loss of revenue. " (k) Any executive agency, other than the General Services Administration, which provides to anyone space and services set forth in subsection (j) of this section, is authorized to charge the occupant for such space and services at rates approved by the Administraitor. Moneys derived by such executive agency from such rates or fees shall be credited to the appropriation or fund initially charged for providing the service, except that amounts which are in excess of actual operating and maintenance costs of providing the service shall be credited to miscellaneous receipts unless otherwise authorized by law." SEC. 5. (a) Whenever the Administrator of General Services determines that the best interests of the United States will be served by taking action hereunder, he is authorized to provide space by entering into purchase contracts, the terms of which shall not be more than thirty years and which shall provide in each case that title to the property shall vest in the United States at or before the expiration of the contract term and upon fulfillment of the terms and conditions stipulated in each of such purchase contracts. Such terms and conditions shall include provision for the application to the purchase price agreed upon therein of installment payments made thereunder. Each purchase contract authorized by this section shall be entered into pursuant to the provisions of title III of the Federal Property and Administrative Services Act of 1949, as amended. If any such contract is negotiated, the determination and findings supporting such negotiation shall be promptly reported in writing to the Committees on Public Works of the Senate and House of Representatives. Proposals for purchase contracts shall be solicited from the maximum number of qualified sources consistent with the nature and requirements of the facility to be procured. (b) Each such purchase contract shall include such provisions as the Administrator of General Services, in his discretion, shall deem to be in the best interests of the United States and appropriate to secure the performance of the obligations imposed upon the party

64 Stat. 580; 79 Stat. 1304. Space and services furnished by GSA, c h a r g e s.

Exemption.

Other executive agencies, rates.

Purchase contract authority.

63 Stat. 393. 41 USC 2 5 1. Report to cong r e s s i o n a l committees.

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 220 Limitation.

Real property taxation.

GSA agreements, land improvement, authorization.

73 Stat. 479.

Ante, p. 217.

Prospectus, submittal and approval.

Authority, piration.

PUBLIC LAW 92-313-JUNE 16, 1972

[86

STAT.

or parties that shall enter into such agreement with the United States. Xo such purchase contract shall provide for any payments to be made by the United States in excess of the amount necessary, as determined by the Administrator, to— (1) amortize the cost of construction of improvements to be constructed plus the fair market value, on the date of the agreement, of the site, if not owned by the United States; and (2) provide a reasonable rate of interest on the outstanding principal as determined under paragraph (1) above; and (3) reimburse the contractor for the cost of any other obligations required of him under the contract, including (but not limited to) payment of taxes, costs of carrying appropriate insurance, and costs of repair and maintenance if so required of the contractor. (c) Funds available on the date of enactment of this subsection for the payment of rent and related charges for premises, whether appropriated directly to the General Services Administration or to any other agency of the Government and received by said Administration for such purpose, may be utilized by the Administrator of G(!neral Services to make payments becoming due from time to time from the United States as current charges in connection with agreements entered into under authority of this section. (d) With respect to any interest in real property acquired under the provisions of this section, the same shall be subject to State and local taxes until title to the same shall pass to the Government of the United States. (e) For the purpose of purchase contracts provided for in this section for the erection by the contractor of buildings and improvements for the use of the United States, the Administrator is authorized to enter into agreements with any person, copartnership, corporation, or other public or private entity, to effectuate any of the purposes of this section; and is further authorized to bring about the development and improvement of any land owned by the United States and under the control of the General Services Administration including the demolition of obsolete and outmoded structures situated thereon, by providing for the construction thereon by others of such structures and facilities as shall be the subject of the applicable purchase contracts, and hj making available such plans and specifications for the construction of a public building thereon as the Government may possess. Projects heretofore approved pursuant to the provisions of the Public Buildings Act of 1959, as amended (40 U.S.C. 601 et seq.), may be constructed under authority of this section without further approval, and the prospectuses submitted to obtain such approval shall for all purposes, be considered as prospectuses for the purchase of space, except that any such project shall be subject to the requirements of section 7(b) of the Public Buildings Act of 1959, as amended, based upon an estimated maximum cost increased by not more than an average of 10 per centum per year, exclusive of financing or other costs attributable to the use of the method of construction authorized by this section. (f) Except for previously approved prospectuses referred to in (e) above, no purchase contract shall be entered into pursuant to the authority of this section until a prospectus therefor has been submitted and approved in accordance with section 7 of the Public Buildings Act of 1959, as amended. (g) No purchase contract shall be entered into under the authority granted under this section after the end of the third fiscal year which begins after the date of enactment of this section. (h) No space shall be provided pursuant to this section until after the expiration of 30 days from the date upon which the Administrator of General Services notifies the Committees on Appropriations of the

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The New International Encyclopædia/Peutinger, Konrad

PEUTINGER, poĭ'ting-ẽr, (1465-1547). A German antiquary, born at Augsburg. He studied law at Padua, and at twenty-eight became syndic of his native city, which he represented in several Diets, notably that of Worms in 1521. His writings on classical antiquities were very valuable; the most important is Inscriptiones Romanæ (1520). He is best known as owner of the Tabula Peutingeriana. Consult the reproduction edited by Mannert (Ravensburg, 1888), and Herberger, Konrad Peutinger in seinem Verhältnis zu Kaiser Maximilian (Augsburg, 1851).


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221

Senate and House of Representatives of his determination that the best interests of the Federal Government will be served by providing such space by entering into a purchase contract therefor. SEC. 6. (a) The Postmaster General of the United States Postal eonvey°ante''f;r"'" Service shall convey to the city of Carbondale, Illinois, all right, title, public park. and interest of the United States and such Postal Service, in and to the real property (including any improvements thereon) in Carbondale, Illinois, bounded by old West Main Street on the south, Glenview Drive on the west, Illinois Route 13 and access road to Murdale Shopping Center on the north, and by Texaco Service Station and lesidences on the north, approximately 308 feet on the east, 525 feet on the south, 420 feet on the west and with an irregular boundary on the north, a total area of approximately 191,000 square feet. The exact legal description of the property shall be determined by the Postmaster General, without cost to the city of Carbondale, Illmois. Such conveyance shall be made without payment of monetary consideration and on condition that such property shall be used solely for public park purposes, and if it ever ceases to be used for such purpose, U.S. reversion the title thereto shall revert to the United States which shall have the right. right of immediate reentry thereon. New York (b)(1) The United States Postal Service shall grant to the City air rights forCity, of New York, without reimbursement, air rights for public housing public housing imrposes above the postal facility to be constructed on the real propiTty bounded by Twenty-eighth and Twenty-ninth Streets, Ninth and Tenth Avenues, in the City of New York (the Morgan Annex site), such facility to be designed and constructed in such manner as to permit the building by the City of New York of a high-rise residential tower thereon, Provided, That— Conditions. (A) the City of New York shall grant to the Postal Service without reimbursement exclusive use of Tw^enty-ninth Street, l)etween Ninth and Tenth Avenues in the City of New York, such use to be irrevocable unless the Postal Service sells, leases, or otherwise disposes of the Morgan Annex site; and (B) the City of New York shall agree to reimburse the Postal Service for the additional cost of designing and constructing the foundations of its facility so as to render them capable of supporting a residential tower above the facility, and shall issue any permits, licenses, easements and other authorizations which may be necessary or incident to the construction of the postal facility. (2) If within twenty-four months after the City of New York lias complied with the provisions of paragraphs (A) and (B) of subsection (d)(1) of this section, the United States Postal Service has not awarded a contract for the construction of its facility, the Postal Service shall convey to the City of New York, at the fair market value, all right, title and interest in and to the above-described real property. Such conveyance shall be made on the condition that such property U.S. shall be used solely for public housing purposes, and if public housing- Service,Postal reversion is not constructed on the property within five years after title is right. i^onveyed to the City of New York or if thereafter the property ever ceases to be used for such purposes, title thereto shall revert to the Postal Service, which shall have the right of immediate reentry thereon. SEC. 7. To carry out the provisions of the Public Buildings Amend- Regulations. ments of 1972, the Administrator of General Services shall issue such regulations as he deems necessary. Such regulations shall be coordinated with the Office of Management and Budget, and the rates established by the Administrator of General Services pursuant to sections 210(j) and 210(k) of the Federal Property and Administrative Services Act of 1949, as amended, shall te approved by the Director of Ante, p. 219. the Office of Management and Budget.

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 222 House office space.

69 Stat. 4 2. 40 USC 175 note.

"House Office Buildings."

Kennedy Center. 78 Stat. 4; 83 Stat. 135. Appropriation.

72 Stat. 1699; 78 Stat. 4. National Park Service, nonperforming arts functions. Appropriation.

Effective date.

Ante, p. 219.

PUBLIC LAW 92-314-JUNE 16, 1972

[86

STAT.

SEC. 8. (a) Xotwithstanding any other provision of law, the House Office Building Commission is authorized (1) to use, to such extent as it may deem necessary, for the purpose of providing office and other accommodations for the House of Representatives, the building, known as the Congressional Hotel, acquired by the Government in 1957 as part of Lot 20 in Square 692 in the District of Columbia under authority of the Additional House Office Building Act of 1955 and (2) to direct the Architect of the Capitol to lease, at fair market value, for such other use and under such terms and conditions and to such parties as such Commission may authorize, any space in such building not required for the aforesaid purpose. (b) Any space in such building used for office and other accommodations for the House of Representatives shall be deemed to be a part of the "House Office Buildings" and, as such, shall be subject to the laws, rules, and regulations applicable to those buildings. SEC. 9. Section 8 of the John F. Kennedy Center Act, as amended (72 Stat. 1969) is amended by inserting " (a) " immediately after "SEC. 8." and by add.ing at the end thereof the following new subsection: " (b) There is hereby authorized to be appropriated to the Board not to exceed $1,500,000 for the fiscal year ending June 30, 1972, for the public costs of maintaining and operating the nonperforming arts functions of the John F. Kennedy Center for the Performing Arts.'' SEC. 10. Section 6 of the John F. Kennedy Center Act, as amended (72 Stat. 1968), is amended by adding at the end thereof the followingnew subsection: "(e) The Secretary of the Interior, acting through the National Park Service, shall provide maintenance, security, information, interpretation, janitorial and all other services necessary to the nonperforming arts functions of the John F. Kennedy Center for the PerformingArts. There is hereby authorized to be appropriated for the fiscal year ending June 30, 1973, to the Secretary of the Interior such sums as may be necessary for carrying out this subsection." SEC. 11. This Act shall become effective upon enactment. The effective date of applying the rates to be charged pursuant to the regulations to be issued under subsections (j) and (k) of section 210 of the Federal Property and Administrative Services Act of 1949, as amended, shall I:>e as determined by the Administrator of General Services but in any event shall not be later than the beginning of the third full fiscal year subsequent to the enactment thereof. Approved June 16, 1972. Public Law 92-314

June 16, 1972 [S.3607]

Atomic Energy Commission. Appropriation authorization. 77 Stat. 88. 42 USC 2017.

AN ACT To authorize appropriations to the Atomic Energy Commission in accordance with section 261 of the Atomic Energy Act of 1954, as amended, and for other purix>ses. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. SEC. 101. There is hereby authorized to be appropriated to the Atomic Energy Commission in accordance with the provisions of section 261 of the Atomic Energy Act of 1954, as amended: (a) For "Operating expenses", $2,110,480,000 not to exceed

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$126,400,000 in operating costs for the high energy physics program category. (b) For "Plant and capital equipment", including construction, acquisition, or modification of facilities, including land acquisition; ana acquisition and fabrication of capital equipment not related to construction, a sum of dollars equal to the total of the following: (1) NUCLEAR MATERIAL.—

Project 73-1-a, in-tank solidification systems auxiliaries, Richland, AVashington, $2,500,000. Project 73-1-b, waste management effluent diversion control facilities, separations areas, Richland, Washington, $1,000,000, Project 73-1-c, expansion of weighing and sampling facility for gaseous diffusion plant, Portsmouth, Ohio, $1,400,000. Project 73-1-d, component test facility, Oak Ridge, Tennessee, $20,475,000. Project 73-1-e, radioactive waste management improvements. Savannah River, South Carolina, $1,300,000. Project 73-1-f, safety improvements, reactor areas. Savannah River, South Carolina, $2,000,000. Project 73-1-g, contaminated soil removal facility, Richland, Washington, $1,400,000. Project 73-1-h, Rover fuels processing facilities. National Reactor Testing Station, Idaho, $3,250,000. Project 73-1-i, radioactive solid waste reduction facility, Los Alamos Scientific Laboratory, New Mexico, $750,000. (2)

NuciiEAR M A T E R I A L. —

Project 73-2-a, atmospheric pollution control facilities, heavy water plant. Savannah River, South Carolina, $4,300,000. Project 73-2-b, improved sanitary waste treatment facilities, Savannah River, South Carolina, $1,100,000. (3) ATOMIC WEAPONS.—

Project 73-3-a, weapons production, development, and test installations, $10,000,000. Project 73-3-b, laser fusion laboratory, Los Alamos Scientific Laboratory, New Mexico, $5,200,000. Project 73-3-c, laser fusion laboratory, Lawrence Livermore Laboratory, California, $6,800,000. Project 73-3-d, classified facilities, sites undesignated, $15,000,000. (4) ATOMIC WEAPONS.—

Project 73-4—a, new sewage disposal plant. Mound Laboratory, Miamisburg, Ohio, $700,000. Project 73-4-b, land acquisition, Rocky Flats, Colorado, $8,000,000. (5) REACTOR DEVELOPMENT.—

Project 73-5-a, Liquid Metal Engineering Center facility modifications, Santa Susana, California, $3,000,000. Project 73-5-b, modifications to E B R - II, National Reactor Testing Station, Idaho, $4,000,000. Project 73-5-c, modifications to Power Burst Facility. National Reactor Testing Station, Idaho, $1,500,000. Project 73-5-d, modifications to T R E A T facility. National Reactor Testing Station, Idaho, $1,500,000.

223

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[86 STAT.

Project 73-5-e, research building safety modifications, Mound Laboratory, Miamisburg, Ohio, $3,000,000. Project 73-5-f, Pu-238 fuel form fabrication facility, Savannah liiver, South Carolina, $8,000,000. Project 73-5-g, modifications to reactors, $3,000,000. Project 73-5-h, S8G prototype nuclear propulsion plant. West Milton, New York, $56,000,000. (6) PHYSICAL KESEARCH.—

Project 73-6-a, accelerator improvements, zero gradient synchrotron, Argonne National Laboratory, Illinois, $400,000. Project 73-6-b, accelerator and reactor improvements, Brookhaven National Laboratory, New York, $475,000. Project 73-6-c, accelerator improvements, Cambridge Electron Accelerator, Massachusetts, $75,000. Project 73-6-d, accelerator improvements, Lawrence Berkeley Laboratory, Calif ornia, $525,000. Project 73-6-e, accelerator improvements, Stanford Linear Accelerator Center, California, $1,025,000. Project 73-6-f, accelerator and reactor improvements, medium and low-energy physics, $600,000. (7) BIOLOGY AND MEDICINE.—

Project 73-7-a, high-energy heavy ion facility ( B E V A L A C), Lawrence Berkeley Laboratory, California, $2,000,000. (8) BIOLOGY AND MEDICINE.—

Project 73-8-a, replacement of laboratory service systems. Oak Kidge National Laboratory, Tennessee, $1,200,000. (9) ADMINISTRATIVE.—

Project 73-9-a, addition to headquarters building ( A E only), Germantown, Maryland, $1,500,000. (10) GENERAL P L A N T P R O J E C T S. - - $ 4 9, 0 5 0, 0 0 0. (11) CAPITAL EQUIPMENT.—Acquisition and fabrication

of capital

equipment not related to construction, $164,080,000. SEC. 102. LIMITATIONS.— (a) The Commission is authorized to start any project set forth in subsections 101(b)(1), (3), (5), (6), and (7) only if the currently estimated cost of that project does not exceed by more than 25 per centum the estimated cost set forth for that project. (b) The Commission is authorized to start any project under subsections 101(b)(2), (4), (8), and (9) only if the currently estimated cost of that project does not exceed by more than 10 per centum the estimated cost set forth for that project. (c) The Commission is authorized to start any project under subsection 101(b) (10) only if it is in accordance with the following: (1) The maximum currently estimated cost of any project shall be $500,000 and the maximum currently estimated cost of any building included in such project shall be $100,000, provided that the building cost limitation may be exceeded if the Commission determines that it is necessary in the interest of efficiency and economy. (2) The total cost of all projects undertaken under subsection 101 (b) (10) shall not exceed the estimated cost set forth in that subsection by more than 10 per centum. - ,..... .,...5„_.

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225

SEC. 108. The Commission is authorized to perform ooiistniction ^„^°"^'™^"°" -^

,,

,*-

•

•,

oesign services*

design services for any Commission construction project whenever (1) such construction project has been included in a proposed authorization bill transmitted to the Congress by the Commission and (2) the (Commission determines that the project is of such urgency that construction of the project should be initiated promptly upon enactTransfer of ment of legislation appropriating funds for its construction. amounts. SEC. 104. A^^len so specified in an appropriation Act, transfers of amounts between "Operating expenses" and "Plant and capital equipment" may be made as provided in such appropriation Act. 83 Stat. 46. SEC. 105. AMENDMENT or PRIOR YEAR ACTS.— (a) Section 101 of Public Law 91-44, as amended, is further amended by striking from subsection (b)(1), project 70-1-b, bedrock waste storage, the figure "$1,300,000" and substituting therefor the figure "$4,800,000". (b) Section 101 of Public Law 91-273, as amended, is further gs^stau aoe!^' amended by (1) striking from subsection (b)(1), project 71-1-e, gaseous diffusion production support facilities, the figure "$45,700,000" and substituting therefor the figure "$72,020,000", (2) striking from subsection (b)(1), project 71-1-f, process equipment modifications, gaseous diffusion plants, the figure "$10,400,000" and substituting therefor the figure "$34,400,000", (3) striking from subsection (b)(6), project 7l-6-a, National Nuclear Science Information (^enter, the words "AE only" and substituting therefor the words "American Museum of Atomic ICnergy ", and further striking the figure "$600,000" and substituting therefor the figure "$3,500,000", and (4) striking from subsection (b)(9), project 71-9, fire, safety, and adequacy of operating conditions projects, the figure "$45,700,000" and substituting therefor the figure "$69,000,000". (c) Section 101 of Public Law 92-84, as amended, is further ss Stat. 304. amended by (1) striking from subsection (b)(1), project 72-1-f, component preparation laboratories, the figure "$^3,000,000" and substituting therefor the figure "$25,300,000", (2) striking from subsection (b)(2), project 72-2-b, weapons neutron research facility, the words " ( A E only)"' and further striking the figure "$585,000" and substituting therefor the figure "$4,400,000'', (3) striking from subsection (b)(3), project 72-3-b, national radioactive waste repository, the words "Lyons, Kansas" and substituting therefor the words "site undetermined and further adding after the words ^Provided. That the words "with respect to any site in the State of Kansas, and (4) striking from subsection (b)(5), project 72-5-a, radiobiology and therapy research facility, the words " ( A E only)" and further striking the figure "$345,000" and substituting therefor the figure "$1,600,000"'. SEC. 106. RESCISSION.— (a) Public Law 91-44, as amended, is further amended by rescinding therefrom authorization for the following projects, except for funds heretofore obligated: Project 70-2-a, rebuilding of gaseous diffusion plant cooling tower, Portsmouth, Ohio, $1,000,000. Project 70—4-b, research and development test plants. Project Hover, Los Alamos Scientific Laboratory, New Mexico, and Nevada Test Site, Nevada, $1,000,000. (b) Public Law 91-273, as amended, is further amended by rescinding therefrom authorization for a project, except for funds heretofore obligated, as follows: Project 7l-3-b, research and development test plants. Project Rover, Los Alamos Scientific Laboratory, New Mexico, and Nevada Test Site, Nevada, $1,000,000.

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 226

Radiation exp o s u r e, remedial action.

Federal-State cooperation.

Cooperative arrangement, s u b mittal to c o n g r e s sional committee.

Rules and regulations. 80 Stat. 3 8 3.

PUBLIC LAW 92-314-JUNE 16, 1972

[86

STAT.

TITLE II SEC. 201. The Congress recognizes and assumes the compassionate responsibility of the United States to provide to the State of Colorado financial assistance to undertake remedial action to limit the exposure of individuals to radiation emanating from uranium mill tailings which have been used as a construction related material in the area of Grand Junction, Colorado. SEC. 202. The Atomic Energy Commission is hereby authorized to enter into a cooperative arrangement with the State of Colorado under which the Commission will provide not in excess of 75 per centum of the costs of a State program, in the area of Grand Junction, Colorado, of assessment of, and appropriate remedial action to limit the exposure of individuals to, radiation emanating from uranium mill tailings which have been used as a construction related material. Such arrangement shall include, but need not be limited to, provisions that require: (a) that the basis for undertaking remedial action shall be applicable guidelines published by the Surgeon General of the United States; (b) that the need for and selection of appropriate remedial action to be undertaken in any instance shall be determined by the Commission upon application by the property owner of record to the State of Colorado within four years of the date of enactment of this Act and recommendation by and consultation with the State and others as deemed appropriate; (c) that any remedial action shall be performed by the State of Colorado or its authorized contractor and shall be paid for by the State of Colorado; (d) that the United States shall be released from any mill tailings related liability or claim thereof upon completion of remedial action or waiver thereof by the property owner of record on behalf of himself, his heirs, successors, and assigns; and further, the United States shall be held harmless against any claim arising out of the performance of any remedial action; (e) that the State of Colorado shall retain custody and control of and responsibility for any uranium mill tailings removed from any site as part of remedial action; (f) that the law of the State of Colorado shall be applied to determine all questions of title, rights of heirs, trespass, and so forth; and (g) that the Atomic Energy Commission shall be provided such reports, accounting, and rights of inspection as the Commission deems appropriate: Provided, That before such arrangement or amendment thereto shall become effective, it shall be submitted to the Joint Committee on Atomic Energy and a period of thirty days shall elapse while Congress is in session (in computing such thirty days, there shall be excluded the days on which either House is not in session because of adjournment for more than three days): Provided, however. That the Joint Committee on Atomic Energy, after having received the arrangement or amendment thereto, may by resolution in writing waive the conditions of, or all or any portion of, such thirty-day period. SEC. 203. The Atomic Energy Commission shall prescribe such rules and regulations as it deems necessary and appropriate to carry out the provisions of this title II. Notwithstanding the provisions of subsection (a)(2) of section 553 of title 5, United States Code, such rules'and regulations shall be subject to the notice and public participation requirements of that section.

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SEC. 204. For the purpose of carrying out the provisions of this title II, there is included in subsection 101(a) of this Act authorization of appropriations in the amount of $5,000,000.

227 Appropriation.

TITLE III SEC. 301. Section 161 of the Atomic Energy Act of 1954, as amended, yg^stat! eoe!^' is amended by adding at the end thereof the following new subsection: 42 USC 2201. "w. prescribe and collect from any other Government agency, re^"torT/ifc°Ying which applies for or is issued a license for a utilization facility fees. designed to produce electrical or heat energy pursuant to section 103 or 104b, any fee, charge, or price which it may require, in 42 USC 2133, accordance with the provisions of section 483a of title 31 of the 2134. United States Code or any other law, of applicants for, or 65 Stat. 290. holders of, such licenses.". Approved June 16, 1972. Public Law 92-315 AN ACT T<» amend chapter 10 of title:^S of the United States Code, to extend foverape under servicemen's group life insurance to cadets and midshipmen at the service academies of the Armed Forces.

June 20, 1972 [H. R. 9096]

Be it enacted by the Senate mul Hoii^^c of liepre>ieiit<(t/rex of the ridted States of America in Congress assembled. That section 765 of Service m e n ' s group life insurtitle 38, United States Code, is amended by— ance. C a d e t s and mid(1) striking from paragraph (B) of clause (1) "and": (2) striking the period at the end of paragraph (C) of clause shipmen. 326; 84 Stat. (1) and inserting *'; and'" in place thereof; 85 Stat. 642. (3) adding the following new paragraph to clause (1): •'(D) full-time duty as a cadet or midshipman at the Ignited States Military Academy, United States Xaval Academy, United States Air Force Academy, or the United States Coast Guard Academy."; and (4) adding immediately after "grade" and before the semicolon hi paragraph (A) of clause (5) the following: ", or as a cadet or midshipman at the United States Military Academy. United States Xaval Academy, United States Air Force Academy, or the Cnited States Coast Guard Academy". Approved June 20, 1972. Public Law 92-316 AN ACT To amend the Rail Passenger Service Act of 1970 in order to provide tinancial assistance to the National Railroad Passenger Corporation, 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) section 303(d) of the Kail Passenger Service Act of 1970 (45 U.S.C. 543(d)) is amended by inserting immediately after the second sentence thereof the following new sentence: "No officer of the Corporation shall receive compensation at a rate in excess of that prescribed for level I of the P'xecutive Schedule under section 5312 of title 5, Ignited States Code.". (b) No individual serving as an officer of the National Railroad

June 22, 1972 [H. R.11417]

Amtrak. Financial assistance. 84 Stat. 1330.

83 Stat. 864.

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 228

83 Stat. 864. 5 USC 5312 note. 84 Stat. 1332.

24 Stat 387. 49 USC 22

Freedom of information. 81 Stat. 54.

PUBLIC LAW 92-316-JUNE 22, 1972

[86

STAT.

Passenger Corporation on the date of enactment of this Act shall have his rate of compensation as such officer reduced solely by reason of the enactment of the amendment made by subsection (a) of this section: Provided, however, That compensation to any officer of the Corporation in excess of level I of the P^xecutive Schedule, shall be paid only from net profits of the Corporation. SEC. 2. Section 305 of the Rail Passenger Service Act of 1970 (45 r. S. C. 545) is amended— (1) by inserting "(a)"" immediately before the first sentence thereof; (2) by inserting immediately after the second sentence thereof the following: "Insofar as practicable, the Corporation shall directly operate and control all aspects of its rail passenger service."; and (3) by adding at the end thereof the following new subsection: "(b) The Corporation shall take such actions as may be necessary to increase its revenues from the carriage of mail and express. The (Corporation is authorized and directed to acquire the equipment or modify existing equipment for the efficient carriage of mail and express. Upon request by the Corporation, Federal departments and agencies shall, consistent with the provisions of existing law, provide such assistance as may be necessary in carrying out the purposes of this subsection.". SEC. 3. (a) Section 306(a) of the Rail Passenger Service Act of 1970 (45 U.S.C. 546(a)) is amended by striking out "all provisions of the Interstate Commerce Act" and inserting in lieu thereof "all provisions, including the provisions of section 22(1), of the Interstate Commerce Act. (b) Section 306 of the Rail Passenger Service Act of 1970 (45 U.S.C. 546) is amended by adding at the end thereof the following new subsections: " (f) All departments, agencies, and instrumentalities of the Federal (xovernment shall, in authorizing travel in the continental United States for their employees or for members of the Armed Forces or commissioned services, treat travel by train (whether or not extra fare trains) on the same basis as travel by other authorized modes. " (g) The Corporation shall be subject to the provisions of section 552 of title 5, United States Code.". SEC. 4. Section 308 of the Rail Passenger Service Act of 1970 (45 U.S.C. 548) is amended to read as follows: "SEC. 308. REPORTS TO THE CONGRESS.

" (a)(1) Not later than the eightieth day following the end of each calendar month, the Corporation shall transmit to the Congress and release to the public the following information applicable to its operations for such calendar month: " (A) Total itemized revenues and expenses. " (B) Revenues and expenses of each train operated. " (C) Revenues and total expenses attributable to each railroad over which service is provided. " (2) Not later than the fifteenth day following the end of each calendar month, the Corporation shall transmit to the Congress and release to the public the following information applicable to its operations for

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229

such calendar month: " (A) The average number of passengers per day on board each train operated. " (B) The on-time performance at the final destination of each train operated, by route and by railroad. '"(b) The Corporation shall transmit to the President and to the Report to Congress by January 15 of each year (beginning with 1973), and at Jongt?s?. ^"'^ such other times as it deems desirable, a comprehensive and detailed report of its operations, activities, and accomplishments under this Act, including a statement of receipts and expenditures for the preceding year. At the time of its annual report, the Corporation shall submit such legislative recommendations as it deems desirable, including the amount of financial assistance needed for operations and for capital improA^ements, the manner and form in which the amount of such assistance should be computed, and the sources from which such assistance should be derived. "(c) The Secretary and the Commission shall transmit to the President and to the Congress by March 15 of each year (beginning with 1974) reports (or, in their discretion, a joint report) on the effectiveness of this Act in meeting the requirements for a balanced national transportation system, together with any legislative recommendations.". SEC. 5. Section 402 of the Rail Passenger Service Act of 1970 (45 ILS.C. 562) is amended— 84 Stat. 1335. (1) by inserting "within ninety days after application by the Corporation," immediately after "Interstate Commerce Commission shall," in the second sentence of subsection (a); and (2) by adding at the end thereof the following new subsection: "(c) To facilitate such operations by the Corporation as may be Emergency deemed by it to be necessary in an emergency, the Commission shall, '"^^^"'•^S' upon application by the Corporation, require a railroad to make immediately available tracks and other facilities for the duration of such emergency. The Commission shall thereafter promptly proceed to fix such terms and conditions as are just and reasonable including indemnification of the railroad by the Corporation against any casualty risk to which it may be exposed.". SEC. 6. Section 403(a) of the Rail Passenger Service Act of 1970 Experimental (45 U.S.C. 563(a)) is amended to read as follows: service. " (a) The Corporation may provide intercity rail passenger service in excess of that prescribed for the basic system, either within or outside the basic system, where the Corporation, based on its own or available marketing studies or other similar reports or information, determines that experimental or expanded service would be justified, if consistent with prudent management. In determining the establishment of the additional routes, the Corporation shall take into account the current and the estimated future population and economic conditions of the points to be served, the adequacy of alternative modes of transportation available to those points, and the cost of adding the service. The Corporation shall cooperate with State, regional, and local agencies to encourage the use of trains established under this subsection and shall make reasonable efforts to assure high quality of customer services. Any intercity rail passenger service provided under this subsection for a continuous period of two years shall be designated by the Secretary as a part of the basic system.".

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 230 Employee pro'VIl'l'.,,,7 84 Stat. 1 3 3 7.

PUBLIC LAW 92-316-JUNE 22, 1972

[86 STAT.

SEC. 7. (a) Section 405(a) of the Rail Passenger Service Act of 1970 (46 U.S.C. 565(a)) is amended to read as follows: ic /

\

»

•^

i

\

\i

• i

i • >

i

•

i i

(a) A railroad shall provide lair and equitable arrangements to protect the interests of employees, including employees of terminal " D i s c o n t i n u a n c e companies, affected by a discontinuance of intercity rail passenger of intercity rail service whether occurring before, on, or after January 1, 1975. A 'dispas'senger'^s'e^v- continuance of intercity rail passenger service' shall include any ice discontinuance of service performed by railroad under any facility or service agreement under sections 305 and 402 of this Act pursuant to any modification or termination thereof or an assumption of operations by the Corporation.". (b) Section 405(b) of the Rail Passenger Service Act of 1970 (45 U.S.C. 565 (b)) is amended by inserting the following words after the words "affected employees" in the last sentence thereof: ", including affected terminal employees,". (c) Section 405(c) of the Rail Passenger Service Act of 1970 (45 U.S.C. 565(c)) is amended to read as follows: "(c) Upon commencement of operations in the basic system, the substantive requirements of subsections (a) and (b) of this section shall apply to the Corporation and its employees in order to insure the maintenance of the protective arrangements specified in such subsections, except that nothing in this subsection shall be construed to impose upon the Corporation any obligation of a railroad with respect to any right, privilege, or benefit earned by any employee as a result of prior service performed for such railroad. The Secretary of Labor shall certify that affected employees of the Corporation have been provided fair and equitable protection as required by this section within one hundred and eighty days after assumption of operations by the Corporation.". rate p r ior lreducedFree v i e g e s. g^c. 8. Section 405 of the Rail Passenger Service Act of 1970 (45 U.S.C. 565) is further amended by adding at the end thereof the following new subsection: "(f) The Corporation shall take such action as may be necessary to assure that, to the maximum extent practicable, any railroad employee eligible to receive free or reduced-rate transportation by railroad on April 30, 1971, under the terms of any policy or agreement in effect on such date will be eligible to receive, provided space is available, free or reduced-rate transportation on any intercity rail passenger service provided by the Corporation under this Act, on terms similar to those available on such date to such railroad employee under such policy or agreement. However, the Corporation may apply to all railroad employees eligible to receive free or reduced-rate transportation under such policies or agreements, a single systemwide schedule of terms determined by the Corporation to reflect terms applicable to the majority of such employees under those policies or agreements in effect on April 30, 1971. The Corporation shall be reimbursed by the railroads by way of payment or offset for such costs as may be incurred in providing transportation services to railroad employees under any policy or agreement referred to in the first sentence of this subsection, including the costs of implementing and administering this section. Within ninety days after the enactment of this sentence, each railroad shall enter into an agreement with the Corporation for the payment

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STAT.]

PUBLIC LAW 92-316-JUNE 22, 1972

of such expenses. If the Corporation and a railroad are unable to agree as to the amount of any payment owed by the railroad under this subsection, the matter shall be referred to the Commission for decision. The Commission, upon investigation, shall decide the issue within ninety days following the date of referral, and its decision shall be binding on both parties. If any railroad company which operates intercity passenger service not under contract with the Corporation notifies the Corporation and railroads which have entered nito the agreement specified above that it will accept the terms of the systemwide schedule of terms and the compensation specified in the agreements, such railroad company shall be reimbursed for services to railroad employees in accordance with the agreements. As used in this subsection, the term 'railroad employee' means (1) an active full-time employee, including any such employee during a period of furlough or while on leave of absence, of a railroad or terminal company, (2) a retired employee of a railroad or terminal company, and {'\) the dependents of any employee referred to in clause (1) or (2) of this sentence.'". SEC. 9. Section 601 of the Rail Passenger Service Act of 1970 (45 U.S.C. 601) is amended to read as follows: "SEC. 601. FEDERAL GRANTS. " (a) There is authorized to be appropriated to the Secretary in fiscal year 1971, $40,000,000, and in subsequent fiscal years a total of $225,000,000, these amounts to remain available until expended, for payment, pursuant to terms and conditions prescribed by the Secretary, to the (Corporation for the purpose of assisting in— " (1) the mitial organization and operation of the Corporation; "(2) the establishment of improved reservations systems and advertising; "(3) servicing, maintenance, repair, and rehabilitation of railroad passenger equipment; "(4) the conduct of research and development and demonstration programs respecting new rail passenger services; "(5) the development and demonstration of improved rolling stock; ''(6) essential fixed facilities for the operation of passenger trains on lines and routes included in the basic system over which no through passenger trains are being operated at the time of enactment of this Act, including necessary track connections between lines of the same or different railroads; "(7) the purchase or lease by the Corporation of railroad rolling stock; and " (8) other corporate purposes, "•(b) There is authorized to be appropriated to the Secretary $2,000,000 annually, for payment, pursuant to terms and conditions prescribed by the Secretary, to the Corporation for the purpose of assisting in the development and operation of international rail passenger services between the United States and Canada and between the United States and Mexico. Such international rail passenger services shall include intercity rail passenger service between points within the United States and— " (1) Montreal, Canada; " (2) Vancouver, Canada; and " (3) Nuevo Laredo, Mexico. For the purposes of section 404(b) of this Act, international rail passenger services provided under this subsection shall be deemed to be included within the basic system.'". SEC. 10. (a) Section 602 of the Rail Passenger Service Act of 1970 (45 U.S.C. 602) is amended to read as follows: -081 O - 73 - 18

231

84 Stat. 1338. Appropriation.

Appropriation.

45 USC 564.

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[86 STAT.

"SEC. 602. GUARANTEE OF LOANS.

-a rtQ,;,

Appropriation.

4osta^288. 31 USC 774.

"(a) The Secretary is authorized, on such terms and conditions as he may prescribe, to guarantee any lender against loss of principal and interest on securities, obligations, or loans (including refinancings thereof) issued to finance the upgrading of roadbeds and the purchase by the Corporation or an agency of new rolling stock, rehabilitation of existing rolling stock, reservation systems, switch and signal systems, and other capital equipment and facilities necessary for the improvement of rail passenger service. The maturity date of such securities, obligations, or loans, including all extensions and renewals thereof, shall not be later than twenty years from their date of issuance. "(b) All guarantees entered into by the Secretary under this section shall constitute general obligations of the United States of America backed by the full faith and credit of the Government of the United States of America. "(c) Any guarantee made by the Secretary under this section shall not be terminated, canceled or otherwise revoked; shall be conclusive evidence that such guarantee complies fully with the provisions of this Act and of the approval and legality of the principal amount, interest rate, and all other terms of the securities, obligations, or loans and of the guarantee; and shall be valid and incontestable in the hands of a holder of a guaranteed security, obligation, or loan, except for fraud or material misrepresentation on the part of such holder. " (d) The aggregate unpaid principal amount of securities, obligations, or loans outstanding at any one time which are guaranteed by the Secretary under this section— "(1) may not exceed $150,000,000 before July 1, 1973, and "(2) may not exceed $200,000,000 after June 30, 1973. The Secretary shall prescribe and collect a reasonable annual guarajity fee. ii ^^^ There are authorized to be appropriated to the Secretary such amounts, to remain available until expended, as are necessary to discharge all his responsibilities under this section. " (f) I f at any time the moneys available to the Secretary are insufficient to enable him to discharge his responsibilities under guarantees issued by him under subsection (a) of this section, he shall 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 of the Treasury. Eedemption of such notes or obligations shall be made by the Secretary from appropriations available under subsection (e) of this section. 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 such notes or other obligations. The Secretary of the Treasury shall purchase any notes or other obligations issued hereunder and for that purpose he is authorized to use as a public debt transaction the proceeds from the sale of any sccurities issued under the Second Liberty Bond Act, as amended, and the purposes for which securities may be issued under that Act, as amended, are extended to include any purchase of such notes or obligations. The Secretary of the Treasury may at any time sell any of the notes or other obligations as acquired by him under this subsection. All redemptions, purchases, and sales by the Secretary of the Treasury of such notes or other obligations shall be treated as public debt transactions of the United States.".

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 86 STAT. ]

PUBLIC LAW 92-316-JUNE 22, 1972

(b) Section 602(b), (c), (d), (e), and (f) of the Rail Passenger Service Act of 1970, as amended by subsection (a) of this section shall also apply to guarantees made by the Secretary prior to the enactment of this Act. The amendment of section 602(a) shall not affect the legality of guarantees made by the Secretary prior to the enactment of this Act, but such guarantees shall continue in effect until discharged by payment of the loan guaranteed, together with interest, after such date. SEC. 11. Section 805 of the Rail Passenger Service Act of 1970 (45 U.S.C. 644) is amended— (1) by inserting "AND CERTAIN RAILROADS'" immediately before uie period at the end of the section heading; and (2) by redesignating paragraph (B) of subsection (2) as paragraph (C) and inserting immediately after paragraph (A) the following new paragraph: " (B) To the extent the Comptroller General deems necessary in connection with audits as he may make of the financial transactions of the Corporation pursuant to paragraph (A) of this subsection, his representatives shall have access to all books, accounts, records, reports, files, and other papers, things, or property belonging to or in use by any railroad with which the Corporation has entered into a contract for the performance of intercity rail passenger service, pertaining to such railroad's financial transactions and necessary to facilitate the audit, and such representatives shall be afforded full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians. All such books, accounts, records, reports, files, papers, and property of such railroad shall remain in the possession and custody of the railroad.". SEC. 12. Title VIII of the Rail Passenger Service Act of 1970 (45 U.S.C. 641-644) is amended by adding at the end thereof the following new section: "SEC. 806. REPORT BY SECRETARY OF TRANSPORTATION. " (a) The Secretary shall, on or before March 15, 1973. transmit to the Congress a comprehensive report on the effectiveness of this Act in achieving and promoting intercity rail passenger service and on the effectiveness of the Corporation in implementing the purposes of this Act. Such report shall include an evaluation by the Secretary of the intercity rail passenger service operations assumed by the Corporation including, but not limited to, adequacy and effectiveness of services, on-time performance, reservations and ticketing, scheduling, equipment, fare structures, routes, and immediate and long-term financial needs. " (b) In addition to the general evaluation and assessment required under subsection (a) of this section, the report by the Secretary shall include— "(1) recommendations for the orderly assumption by the Corporation of the operation and control of all aspects of its intercity rail passenger service, including the performance by the Corporation of all full-time functions solely related to the intercity rail passenger service provided by it under this x\ct; "(2) an assessment of whether the board of directors of the Corporation adequately and fairly represents the members of the public who utilize intercity rail passenger services and, if necessary, recommendations for appropriate changes in the composition of such board of directors; "(3) estimates of potential revenues for the Corporation from the transportation of mail and express on intercity passenger trains;

233 Ante, p. 232.

84 Stat. 1340.

GAG audit.

J\ u ^SJ^

5.

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 234

Effective date.

PUBLIC LAW 92-317-JUNE 22, 1972

[86

STAT.

" (4) a detailed analysis of the on-time j^erformance of intercity rail passenger service operations assumed by the Corporation, together with such recommendations as the Secretary may deem advisable to eliminate delays in such intercity rail passenger service operations caused by freight train operations; "(5) recommendations v^ith respect to the establishment of the optimum intercity rail passenger service system as soon as possible after July 1, 1973, taking into account economic feasibility, requirements as to public convenience and necessity, and the ability of the Corporation to provide adequate service over the total system, which optimum system shall include recommended routes and discontinuances; and "(6) recommendations with respect to the improvement of tracks and roadbeds on routes over which the Corporation operates intercity passenger trains. "(c) Such report shall contain such additional recommendations as the Secretary may deem advisable to assist the Corporation in carrying out the purposes of this Act, including recommendations for legislative enactments or administrative actions which would enable the Corporation, after July 1, 1973, to discontinue more rapidly and efficiently those routes which do not meet the criteria recommended b^the Secretary for the establisliment of the optimum intercity rail passenger service system. " (d) In carrying out the provisions of this section,, the Secretary may use available services and facilities of other departments, agencies, and instrumentalities of the Federal Government with their consent and on a reimbursable basis. •'(e) Departments, agencies, and instrumentalities of the Federal Government shall exercise their powers, duties, and functions in such manner as will assist in carrying out the provisions of this section.-'. SEC. 13. The amendments made by this Act shall be effective upon enactment. Approved June 22, 1972. Public Law 92-317

June 22, 1972 [H. R. 13034]

National Bureau of Standards. Certain programs. Appropriation authorization. 15 USC 278f note.

AN ACT To mithorizt' apitroiu'intions to t a r r y out tln' Fire K e s r a n l i JUHI Safety Act of 1968 and the Standard Reference D a t a Act. and to amend the Act of March H, 1901 (31 Stat. 1449), to make improvements in fiscal and administrative practices for more eftet'tive conduct of certain functions of the National Bureau of Standard.s.

Be it enacted by the Semite (tml Hoiuse of Hepre^ientdtirex of tlitI 'nited States of Amenca in Congress assembled. That there is aiithoiized to be appropriated to the Department of Commerce not io exceed $5,0,000 for fiscal year 1973, not to exceed $9,, for fiscal year 1974, and not to exceed $10,50,{) for fiscal year 1975 to carry out the purposes of the Fire Eesearch and Safety Act of 19tis ( Public Ivaw 90-259; 82 Stat. 34). SEC. 2. There is authorized to be appropriated to the Department of Commerce not to exceed $3,0,00 for- fiscal yeai- 1973, not to exceed $4,500,000 for fiscal year 1974, and not to exceed $5,500,000 for fiscal year 1975 to carry out the purposes of the Standard Reference 1)ata Act (15 U.S.C. 290-29f; 82 Stat. 339).

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 86

STAT.]

PUBLIC LAW 92-318-JUNE 23, 1972

SEC. 3. (a) The Act entitled ''An Act to establisli the Xationnl Bureau of Standards'", approved March 3. 1901 (31 Stat. 1449), as amended, is further amended by adding the following section: "SEC. 18. Appropriations to carry out the provisions of this Ad luay remain available for obligation and expenditure for such period or periods as may be specified in the Acts making such appropriations." (b) Such Act is further amended by striking the period at the end of paragraph (19) of section 2, by inserting a comma m lien thereof and by adding the following: "and including the use of National Bureau of Standards scientific or technical personnel foipart-time or intermittent teaching and training acti^'ities at educational institutions of higher If'arning as part of and incidental to their official duties and withont additional compensation other than that provided by law."* (c) Such Act is further amended by revising the hrst sentence of section 3 to read as follows: ''The Bureau is authorized to exercise its functions for the Government of the United States and foi- internati(mal organizations of which the Ignited States is a member; for governments of friendly countries; for any State or municipal government within the United States; or for any scientific society, educatiotial institution, firm, corporation, or individual within the United States or friendly countries engaged in manufacturing or other pursuits requiring the use of standards or standard measuring instruments: Provided., That the exercise of these functions for international organizations, governments of friendly countries and scientific societies, educational institutions, firms, corporations, or individuals therein shall be in coordination with other agencies of the Ignited States (xovernment. in particnlar the Department of State in respect to foreign entities.'" (d) Such Act is further amended by deleting in section 14 the fignre ••$4(>,00"" and snbstitnting in lien tlieieof the fignre "$75,000"". (e) Such Act is further amended by revising section 15(1)) to read as follows: "(b) the care, maintenance, protection, repair, and alteration of Bureau buildings and other plant facilities, eq 3. equipment, and property." (f) That portion of the Act of April 29, 1926 (44 Stat. 35«: 40 U.S.C. 14a) which relates to the National Bureau of Standards is hereby repealed. Approved June 22, 1972.

235

82 Stat. 35. 15 USC 271 et seg. Teaching authority. 64 Stat. 371. 15 USC 272.

International organizations, service. 15 USC 273.

72 Stat. 1711. 15 USC 278d. 15 USC 278e.

Repeal.

Public Law 92-318 AN ACT To amend the Higher Education Act of 1965, the Vocational Education Act of 1963, the General Education Provisions Act (creating a National Foundation for Postsecondary Education and a National Institute of Education), the p:iementary and Secondary Education Act of 1965, Public Law 874, Eighty-first Congress, and related Acts, and for other purposes.

June 23, 1972 [S. 659]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be Am^^dmation of ents cited as the "Education Amendments of 1972". 1972.

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206

friends; that their friendship was for summer weather only; that they did not greatly purpose to do right; that they were a distinct race from me by their prejudices and superstitions, as the Chinamen and Malays are; that, in their sacrifices to humanity, they ran no risks, not even to their property; that, after all, they were not so noble but they treated the thief as he had treated them, and hoped, by a certain outward observance and a few prayers, and by walking in a particular straight though useless path from time to time, to save their souls. This may be to judge my neighbors harshly; for I believe that most of them are not aware that they have such an institution as the jail in their village.

It was formerly the custom in our village, when a poor debtor came out of jail, for his acquaintances to salute him, looking through their fingers, which were crossed to represent the grating of a jail window, "How do ye do?" My neighbors did not thus salute me, but first looked at me, and then at one another, as if I had returned from a long journey. I was put into jail as I was going to the shoemaker's to get a shoe which was mended. When I was let out the next morning, I proceeded to finish my errand, and, having put on my mended shoe, joined a huckleberry party, who were impatient to put themselves under my conduct; and in half an hour,—for the horse was soon tackled,—was in the midst of a huckleberry field, on one of our highest hills, two miles off; and then the State was nowhere to be seen.

This is the whole history of "My Prisons."

I have never declined paying the highway tax, because I am as desirous of being a good neighbor as I am of being a bad subject; and, as for supporting schools, I am doing my part to educate my fellow-countrymen now. It is for no particular item in the tax-bill that I refuse to pay it. I simply wish to refuse allegiance to the State, to withdraw and stand aloof from it effectually. I do not care to trace the course of my dollar, if I could, till it buys a man, or a musket to shoot one with,—the dollar is innocent,—but I am concerned to trace the effects of my allegiance. In fact, I quietly declare war with the State, after my fashion, though I will still make what use and get what, advantage of her I can, as is usual in such cases.

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PUBLIC LAW 92-318-JUNE 23, 1972 GENERAL

[86 STAT.

PROVISIONS

SEC. 2. (a) As used in this Act— "Secretary," (1) the temi "Secretary" means the Secretary of Health, Education, and Welfare; and "Commissioner." (2) the term "Commissioner" means the Commissioner of Education; iniless the context requires another meaning. (b) Unless otherwise specified, the redesignation of a section, subsection, or other'designation by any amendment in this Act shall include the redesignation of any reference to such section, subsection, or other designation in any Act or regulation, however styled. Effective (c)(1) Unlcss othcrwisc specified, each provision of this Act and each amendment made by this Act shall be effective after June 30, 1972, and with respect to appropriations for the fiscal year ending June 30, 1973, and succeeding fiscal years. (2) Unless otherwise specified, in any case where an amendment made by this Act is to become effective after a date set herein, it shall be effective with the beginning of the day which immediately follows the date after which such amendment is effective. (3) In any case where the effective date for an amendment made by this Act is expressly stated to be effective after June 30, 1971, such amendment shall be deemed to have been enacted on July 1, 1971. TITLE I—HIGHER EDUCATION PART A—COMMUNITY SERVICE AND CONTINUING EDUCATION , J PROGRAMS »,,.- ^ EXTENSION OF AUTHORIZATION OF APPROPRIATIONS

82lta!ri03s!^' 20 USC 1001.

Effective date.

S^^- 1^1- (*).Section 101 of the Higher Education Act of 1965 is amended by striking out all that follows "authorized to be appropriated" and inserting in lieu thereof the following: "$10,000,000 for the fiscal year ending June 30, 1972, $30,000,000 for the fiscal year ending June 30, 1973, $40,000,000 for the fiscal year ending June 30, 1974, and $50,000,000 for the fiscal year ending June 30, 1975.". (jj^ The amendment made by subsection (a) shall be effective after June 30, 1971. SPECIAL PROGRAMS AND PROJECTS RELATING TO NATIONAL AND REGIONAL PROBLEMS

101? "^^ ^°°^" 20 USC 1005.

SEC. 102. (a)(1) Sections 106, 107, 108, 109, 110, and 111 of the Higher Education Act of 1965, and all references thereto, are redesignated as sections 107, 108, 109, 110, 111, and 112, respectively. Title I Qf gy(.]^ ^f,^ jg amended by inserting after section 105 the following new section:

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 86 STAT. ]

237

PUBLIC LAW 92-318-JUNE 23, 1972

" S P E C I A L PROGRAMS A N D PROJECTS RELATING TO NATIONAL AND REGIONAL PROBLEMS

"SEC. 106. (a) The Commissioner is authorized to reserve from the sums appropriated pursuant to section 101 for any fiscal year an amount not in excess of 10 per centum of the sums so appropriated for that fiscal year for grants pursuant to subsection (b). " (b)(1) From the sums reserved under subsection (a-), the Commissioner is authorized to make grants to, and contracts with, institutions of higher education (and combinations thereof) to assist them in carrying out special programs and projects, consistent with the purposes of this title, which are designed to seek solutions to national and regional problems relating to technological and social changes and environmental pollution. "(2) No grant or contract under this section shall exceed 90 per centum of the cost of the program or project for which application is made.". (2) Section 103(a) of such title I is amended by striking out that part of the language which precedes ", the Commissioner" and by inserting in lieu thereof "From the sums appropriated pursuant to section 101 for any fiscal year which are not reserved under section 106(a)". (b) The amendments made by the second sentence of paragraph (1) of subsection (a) and by paragraph (2) of such subsection shall be effective after June 30, 1972, and then— (1) only with respect to appropriations for title I of the Higher Education Act of 1965 for fiscal years beginning after June 30, 1972; and (2) only to the extent that the allotment to any State under section 103(a) of such title is not less for any fiscal year than the allotment to that State under such section 103(a) for the fiscal year ending June 30, 1972.

Ante, p. 236.

Limitation.

79 Stat. 1219. 20 USC 1003.

Effective date provisions.

20 USC 1001.

EVALUATION O F ACTIVITIES

SEC. 103. (a) During the period beginning with the date of enact- vifo^y°coi,fc1i, ment of this Act and ending July 1, 1974, the National Advisory authority. Council on Extension and Continuing Education, hereafter in this section referred to as the National Advisory Council, shall conduct a review of the programs and projects carried out with assistance under title I of the Higher Education Act of 1965 prior to July 1, 1973. Such review shall include an evaluation of specific programs and projects with a view toward ascertaining which of them show, or have ,,.hato'; • shown, (1) the greatest promise in achieving the purposes of such title, " «;ri and (2) the greatest return for the resources devoted to them. Such review shall be carried out by direct evaluations by the National Advisory Council, by the use of other agencies, institutions, and groups, and by the use of independent appraisal units. Report to con(b) Not later than March 31, 1973, and March 31, 1975, the National gressional comAdvisory Council shall submit to the Committee on Labor and Public mutVes'. Welfare of the Senate and the Committee on Education and Labor of the House of Representatives a report on the review conducted IDursuant to subsection (a). Such report shall include (1) an evaluation of the program authorized by title I of the Higher Education Act of 1965 and of specific programs and projects assisted through l^ayments under such title, (2) a description and an analysis of programs and projects which are determined to be most successful, and (3) recommendations with respect to the means by which the most successful programs and projects can be expanded and replicated.

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 238 Post,

PUBLIC LAW 92-318-JUNE 23, 1972 p. 326.

[86 STAT.

(c) Sums appropriated pursuant to section 401(c) of the General Education Provisions Act for the purposes of section 402 of such Act shall be available to carry out the purposes of this section. PART B—COLLEGE LIBRARY PROGRAMS AUTHORIZATION OF APPROPRIATIONS

79 Stat. 1224; 82 Stat. 1036. 20 USC 1021. 20 USC 1031.

79 Stat. 1224. 20 USC 1021.

SEC. 111. (a)(1) Section 201 of the Higher Education Act of 1965 is amended by striking out "and" after "1970," and inserting in lieu thereof "and $18,000,000 for the fiscal year ending June 30, 1972,". (2) Section 221 of such Act is amended by striking out "and" after "1970," and inserting in lieu thereof "and $12,000,000 for the fiscal year ending June 30, 1972,". (b)(1) Title II of the Higher Education Act of 1965 is amended by striking out " P A R T A—COLLEGE LIBRARY RESOURCES" and by striking

out all of section 201 and inserting in lieu thereof the following: a COLLEGE LIBRARY PROGRAMS; T R A I N I N G;

Infra.

Post, p. 239. Appropriations.

"Library resources."

"Librarianship."

RESEARCH

"SEC. 201. (a) The Commissioner shall carry out a program of financial assistance— "(1) to assist and encourage institutions of higher education in the acquisition of library resources, including law library resources, in accordance with part A; and "(2) to assist with and encourage research and training persons in librarianship, including law librarianship, in accordance with part B. " (b) For the purpose of making grants under parts A and B, there are authorized to be appropriated $75,000,000 for the fiscal year endingJune 30, 1973, $85,000,000 for the fiscal year ending June 30, 1974. and $100,000,000 for the fiscal year ending June 30, 1975. Of the sums appropriated pursuant to the preceding sentence for any fiscal year. 70 per centum shall be used for the purposes of part A and 30 per centum shall be used for the purposes of part B, except that the amount available for the purposes of part B for any fiscal year shall not be less than the amount appropriated for such purposes for the fiscal year ending June 30, 1972. "(c) For the purposes of this title— " (1) the term 'library resources' means books, periodicals, documents, magnetic tapes, phonograph records, audiovisual materials, and other related library materials, including necessary binding; and " (2) the term 'librarianship' means the principles and practices of the library and information sciences, including the acquisition, organization, storage, retrieval and dissemination of information, and reference and research use of library and information resources. " P A R T A—^COLLEGE LIBRARY RESOURCES".

B a s i c grants. 20 USC 1022.

(2)(A) The first sentence of section 202 of such title II is amended to read as follows: "From the amount available for grants under this part pursuant to section 201 for any fiscal year, the Commissioner shall make basic grants for the purposes set forth in section 201(a)(1) to institutions of higher education, to combinations of such institutions, to new institutions of higher education in the fiscal year preceding the fiscal year in which students are to be enrolled (in accordance with criteria prescribed by regulation), and other public and private non-

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STAT.]

PUBLIC LAW 92-318-JUNE 23, 1972

profit library institutions Avhose primary function is to provide library and information services to institutions of higher education on a formal, cooperative basis.". (B) Section 203 of such title II is amended by striking out that part of the first sentence which precedes "supplemental grants" and inserting in lieu thereof the following: "From that part of the sums appropriated pursuant to section 201 for the purposes of this part for any fiscal year which remains after making basic grants pursuant to section 202, and which is not reserved for the purposes of section 204, the Commissioner shall make", and by striking out "section 201" where it appears after "set forth in" and inserting in lieu thereof "section 201(a)(1)". (C)(i) Section 204(a)(1) of such title II is amended to read as follows: "(1) From the sums appropriated pursuant to section 201 for the purposes of this part for any fiscal year, the Commissioner is authorized to reserve not to exceed 25 per centum thereof for the purposes of this section.". (ii) Section 204(a)(2) of such title II is amended by striking out that part of the first sentence which precedes "may be used to make" and inserting in lieu thereof "Sums reserved pursuant to paragraph (iii) Section 204(a)(2) of such title II is further amended by striking out "and" immediately preceding " (C) ", and inserting before the period at the end of the first sentence the following:", and (D) to other public and private nonprofit library institutions which provide library and information services to institutions of higher education on a formal, cooperative basis". (iv) Section 204(a) of such title II is amended by striking out paragraph (3). (3)(A) Part B of such title II is amended by striking out sections 221 and 222 and inserting in lieu thereof the following:

239

79 Stat. 1225. 20 USC 1023. Ante,

p. 238.

Special purpose grants. 79 Stat. 1226. 20 USC 1024.

20 USC 1031, 1032.

a T R A I N I N G AND RESEARCH PROGRAMS

"SEC. 221. From the amount available for grants under this part pursuant to section 201 for any fiscal year, the Commissioner shall carry out a program of making grants in accordance with sections 222 and 223. Of such amount, 66% per centum shall be available for the purposes of section 222 and 33% per centum shall be available for the purposes of section 223.". (B) Section 223(a) of such Act is amended to read as follows: "SEC. 223. (a) The Commissioner is authorized to make grants to institutions of higher education and library organizations or agencies to assist them in training persons in librarianship. Such grants may be used by such institutions, library organizations or agencies (1) to assist in covering the cost of courses of training or study (including short term or regular session institutes) for such persons, (2) for establishing and maintaining fellowships or traineeships with stipends (including allowances for traveling, subsistence, and other expenses) for fellows and others undergoing training and their dependents, not in excess of such maximum amounts as may be prescribed by the Commissioner, and (3) for establishing, developing, or expanding programs of library and information science. Not less than 50 per centum of the grants made under this subsection shall be for the purpose of establishing and maintaining fellowships or traineeships under clause (2).". (C) Section 223(b) of such Act is amended by inserting after "institution of higher education" the following: "and library organizations or agencies".

20 USC 1033.

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