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721

with carriers, and repayment of amounts determined by the Secretary concerned, or officers designated by him, to have been erroneously collected from military and civilian personnel of the Department of Defense, or from States, territories, or the District of Columbia, or members of National Guard units thereof; $39,000,000. CONTINGENCIES, DEFENSE

For emergencies and extraordinary expenses arising in the Department of Defense, to be expended on the approval or authority of the Secretary of Defense and such expenses may be accounted for solely on his certificate that the expenditures were necessary for confidential military purposes; $5,000,000: Provided, That a report of disburse- Report to ments under this item of appropriation shall be made quarterly to <=°«e'"ess. Congress. COURT OF MILITARY APPEALS, DEFENSE

For salaries and expenses necessary for the United States Court of Military Appeals; $869,000. TITLE IV—PEOCUREMENT AIRCRAFT PROCUREMENT, ARMY

For construction, procurement, production, modification, and modernization of aircraft, equipment, including ordnance, ground handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, without regard to section -t774, title 10, United States Code, for the foregoing purposes, and gs^st^t^^au?^^' such lands and interest therein, may be acquired, and construction Ante, p. 408. prosecuted thereon prior to approval of title as required by section 855, Revised Statutes, as amended; and procurement and installation 40 USC 2S5. of equipment, appliances, and machine tools in public and private plants; and other expenses necessary for the foregoing purposes; $90,400,000, to remain available for obligation until June 30, 1974. MISSILE PROCUREMENT, ARMY

For construction, procurement, production, modification, and modernization of missiles, equipment, including ordnance, ground handling equipment, spare parts and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, without regard to section 4774, title 10, United States Code, for the foregoing purposes, and such lands and interest therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public and private plants; and other expenses necessary for the foregoing purposes; $940,820,000, and in addition, $100,000,000 which shall be derived by transfer from "Procurement of Equipment and Missiles, Army, 1971/1973", to remain available for obligation until June 30, 1974. PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY

For construction, procurement, production, and modification of weapons and tracked combat vehicles, equipment, including ordnance, spare parts and accessories therefor; specialized equipment; training devices; expansion of public and private plants, including the land

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 ^22 ss'stat^sl'T^^^' Ante, p. 408*. 40 USC 255.

PUBLIC LAW 92-204-DEC. 18, 1971

[85 STAT.

necessary therefor, without regard to section 4774, title 10, United States Code, for the foregoing purposes, and such lands and interest therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public and private plants; and other expenses necessary for the foregoing purposes; $145,500,000, to remain available for obligation until June 30, 1974. PROCUREMENT or AMMUNITION, ARMY

For construction, procurement, production, and modification of ammunition, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, without regard to section 4774, title 10, United States Code, for the foregoing purposes, and such lands and interest therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public and private plants; and other expenses necessary for the foregoing purposes; $1,418,300,000, and in addition, $200,000,000 which shall be derived by transfer from "Procurement of Equipment and Missiles, Army, 1971/1973", to remain available for obligation until June 30, 1974. OTHER PROCUREMENT, ARMY

For construction, procurement, production, and modification of vehicles, including tactical, support, and nontracked combat vehicles; the purchase of not to exceed three thousand two hundred and fiftytwo passenger motor vehicles for replacement only; communications and electronic equipment; other support equipment; spare parts, ordnance and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, without regard to section 4774, title 10, United States Code, for the foregoing purposes, and such lands and interest therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public and private plants; and other expenses necessary for the foregoing purposes; $512,300,000, to remain available for obligation until June 30, 1974. PROCUREMENT or AIRCRAFT AND MISSILES, NAVY

For construction, procurement, production, modification, and modernization of aircraft, missiles, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public or private plants; $3,855,000,000, and in addition, $100,000,000, of which $25,000,000 shall be derived by transfer from the Defense stock fund, and $75,000,000 shall be derived by transfer from "Procurement of Aircraft and Missiles, Navy, 1971/1973", to remain available for obligation until June 30, 1974.

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SHIPBUILDING AND CONVERSION, NAVY

For expenses necessary for the construction, acquisition, or conversion of vessels as authorized by law, including armor and armament thereof, plant equipment, appliances, and machine tools and installation thereof in public or private plants; procurement of critical, long leadtime components and designs for vessels to be constructed or converted in the future; and expansion of public and private plants, including land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; $3,005,200,000, and in addition $5,000,000 to be derived by transfer from "Shipbuilding and Conversion, Navy 19Y1/75", to remain available for obligation until June 30, 1976: Provided, That none of the funds herein provided for the construction or conversion of any naval vessel to be constructed in shipyards in the United States shall be expended in foreign shipyards for the construction of major components of the hull or superstructure of such vessel: Provided further, That none of the funds herein provided shall be used for the construction of any naval vessel in foreign shipyards. OTHER PROCUREMENT, NAVY

For procurement, production, and modernization of support equipment and materials not otherwise provided for. Navy ordnance and ammunition (except ordnance for new aircraft, new ships, and ships authorized for conversion), purchase of not to exceed seven hundred and sixty-six passenger motor vehicles (including six medium sedans at not to exceed $3,000 each) for replacement only; alteration of vessels and necessary design therefor, expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public or private plants; $1,641,603,000, and in addition, $110,000,000, of which $25,000,000 shall be derived by transfer from the Defense stock fund, and $85,000,000 shall be derived by transfer from "Other Procurement, Navy, 1971/1973", to remain available for obligation until June 30, 1974. PROCUREMENT, MARINE CORPS

For expenses necessary for the procurement, manufacture, and modification of missiles, armament, ammunition, military equipment, spare parts, and accessories therefor; plant equipment, appliances, and machine tools, and installation thereof in public or private plants, and vehicles for the Marine Corps, including purchase of not to exceed two hundred forty-one passenger motor vehicles, for replacement only; $103,100,000, and in addition, $25,000,000 which shall be derived by transfer from "Procurement, Marine Corps, 1971/1973", to remain available for obligation until June 30, 1974. AIRCRAFT PROCUREMENT, A I R FORCE

For construction, procurement, and modification of aircraft and equipment, including armor and armament, specialized ground handling equipment, and training devices, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants, Government-owned equipment and installation thereof in such 75-432 O - 72 - 48

^o use 255.

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70A Stat. 590; A^nfef p.^40^8. 40 USC 255.

PUBLIC LAW 92-204-DEC. 18, 1971

[85 STAT.

plants, erection of structures, and acquisition of land without regard to section 9774 of title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to the approval of title as required by section 355, Revised Statutes, as amended; reserve plant and equipment layaway; and other expenses necessary for the foregoing purposes, including rents and transportation of things; $2,899,000,000, and in addition, $158,700,000, of which $58,700,000 shall be derived by transfer from the Air Force stock fund, $25,000,000 shall be derived by transfer from the Defense stock fund, and $75,000,000 shall be derived by transfer from "Aircraft Procurement, Air Force, 1971/1973", to remain available for obligation until June 30, 1974. MISSILE PROCUREMENT, A I R FORCE

For construction, procurement, and modification of missiles, rockets, and related equipment, including spare parts and accessories therefor, ground handling equipment, and training devices; expansion of public and private plants. Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land without regard to section 9774 of title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to the approval of title as required by section 355, Revised Statutes, as amended; reserve plant and equipment layaway; and other expenses necessary for the foregoing purposes, including rents and transportation of things; $1,633,700,000, and in addition, $50,000,000, of which $25,000,000 shall be derived by transfer from the Defense stock fund, and $25,000,000 shall be derived by transfer from "Missile Procurement, Air Force, 1971/1973", to remain available for obligation until June 30, 1974. OTHER PROCUREMENT, A I R FORCE

For procurement and modification of equipment (including ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and spare parts therefor, not otherwise provided for; the purchase of not to exceed eight hundred and sixty-four passenger motor vehicles (including four medium sedans not to exceed $3,000 each) for replacement only; and expansion of public and private plants, Government-ovrned equipment and installation thereof in such plants, erection of structures, and acquisition of land without regard to section 9774 of title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to the approval of title as required by section 355, Revised Statutes, as amended; $1,478,998,000, and in addition, $90,000,000 shall be derived by transfer from "Other Procurement, Air Force, 1971/1973", to remain available for obligation until June 30, 1974. PROCUREMENT, DEFENSE

AGENCIES

For expenses of activities and agencies of the Department of Defense (other than the military departments and the Office of Civil Defense) necessary for procurement, production, and modification of equipment, supplies, materials, and spare parts therefor, not otherAvise provided for; purchase of one hundred and forty-two passenger motor vehicles (including one medium sedan at not to exceed $3,030) forreplacement only; expansion of public and private plants, equipment and installation thereof in such plants, erection of structures, and

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acquisition of land for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to the approval of title as required by section 355, Revised Statutes, as amended; $52,971,000, and in addition, $5,000,000 to be derived by transfer from "Procurement, Defense Agencies 1971/1973", to remain available for obligation until June 30, 1974. TITLE V — R E S E A R C H, DEVELOPMENT, T E S T, AND EVALUATION RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, ARMY

For expenses necessary for basic and applied scientific research, development, test, and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $1,787,656,000, and in addition, $51,900,000 to be derived by transfer from "Research, Development, Test, and Evaluation, Army, 1971/1972", to remain available for obligation until June d>3, 1973. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, NAVY

For expenses necessary for basic and applied scientific research, development, test, and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $2,352,319,000, and in addition, $20,000,000 to be derived by transfer from "Research, Development, Test, and Evaluation, Navy, 1971/ 1972", to remain available for obligation until June 30, 1973. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, A I R FORCE

For expenses necessary for basic and applied scientific research, development, test, and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $2,887,944,000, and in addition, $25,000,000 to be derived by transfer from "Research, Development, Test, and Evaluation, Air Force, 1971/1972", to remain available for obligation until June 30, 1973. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, DEFENSE AGENCIES

For expenses of activities and agencies of the Department of Defense (other than the military departments and the Office of Civil Defense), necessary for basic and applied scientific research, development, test, and evaluation; advanced research projects as may be designated and determined by the Secretary of Defense, pursuant to law; maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $441,143,000, and in addition, $5,000,000 to be derived by transfer from "Research, Development, Test, and Evaluation, Defense Agencies, 1971/1972", to remain available for obligation until June 30, 1973: Provided, That such amounts as may be determined by the Secretary of Defense to have been made available in other appropriations available to the Department of Defense during the current fiscal year for programs related to advanced research may be transferred to and merged with this appropriation to be available for the same purposes and time period: Provided further,

725

^o use 255.

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 726 Transfer of funds.

PUBLIC LAW 92-204-DEC. 18, 1971

[85

STAT.

That such amounts of this appropriation as may be determined by the Secretary of Defense may be transferred to carry out the purposes of advanced research to those appropriations for military functions under the Department of Defense which are being utilized for related programs, to be merged with and to be available for the same time period as the appropriation to which transferred. EMERGENCY F U N D,

DEFENSE

For transfer by the Secretary of Defense, with the approval of the Office of Management and Budget, to any appropriation for military functions under the Department of Defense available for research, development, test, and evaluation, or procurement or production related thereto, to be merged with and to be available for the same purposes, and for the same time period, as the appropriation to which transferred; $50,000,000. TITLE VI SPECIAL FOREIGN

CURRENCY

PROGRAM

For payment in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States, for expenses of carrying out programs of the Department of Defense, as authorized by law, $12,000,000 to remain available for obligation until June 30, 1974: Provided, That this appropriation shall be available, in addition to other appropriations to such Department, for payments in the foregoing currencies. TITLE VII GENERAL PROVISIONS Publicity or propaganda. Experts or consultants.

80 Stat. 416,

Employment of noncitizens.

Appropriations, availability.

SEC. 701. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress. SEC. 702. During the current fiscal year, the Secretary of Defense and the Secretaries of the Army, Navy, and Air Force, respectively, if they should deem it advantageous to the national defense, and if in their opinions the existing facilities of the Department of Defense are inadequate, are authorized to procure services in accordance with 5 U.S.C. 3109, under regulations prescribed by the Secretary of Defense, and to pay in connection therewith travel expenses of individuals, including actual transportation and per diem in lieu of subsistence while traveling from their homes or places of business to official duty station and return as may be authorized by law: Provided, That such contracts may be renewed annually. SEC. 703. During the current fiscal year, provisions of law prohibiting the payment of compensation to, or employment of, any person not a citizen of the United States shall not apply to personnel of the Department of Defense. SEC. 704. Appropriations contained in this Act shall be available for insurance of official motor vehicles in foreign countries, when required by laws of such countries; payments in advance of expenses determined by the investigating officer to be necessary and in accord with local custom for conducting investigations in foreign countries incident to matters relating to the activities of the department con-

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cerned; reimbursement of General Services Administration for security guard services for protection of confidential files; reimbursement of the Federal Bureau of Investigation for expenses in connection with investigation of defense contractor personnel; and all necessary expenses, at the seat of government of the United States of America or elsewhere, in connection with communication and other services and supplies as may be necessary to carry out the purposes of this Act. SEC. 705. Any appropriation available to the Army, Navy, or the Prisoners of Air Force may, under such regulations as the Secretary concerned may war. prescribe, be used for expenses incident to the maintenance, pay, and allowances of prisoners of war, other persons in Army, Navy, or Air Force custody whose status is determined by the Secretary concerned to be similar to prisoners of war, and persons detained in such custody pursuant to Presidential proclamation. SEC. 706. Appropriations available to the Department of Defense for Land a c q u i s i the current fiscal year for maintenance or construction shall be avail- tion. able for acquisition of land or interest therein as authorized by section Ante, p. 4 1 1; 2672 or 2675 of title 10, United States Code. 72 Stat. 1460; SEC. 707. Appropriations for the Department of Defense for the 84 Stat. 1224. Depend current fiscal year shall be available, (a) except as authorized by the schooling.e n t s ' Act of September 30, 1950 (20 U.S.C. 236-244), for primary and 64 Stat. 1100; secondary schooling for minor dependents of militarv and civilian 84 Stat. 121. personnel of the Department of Defense residing on military or naval installations or stationed in foreign countries, as authorized for the Navy by section 7204 of title 10, United States Code, in amounts not 70A Stat. 4 4 2. exceeding $152,100,000, when the Secretary of the Department concerned finds that schools, if any, available in the locality, are unable to provide adequately for the education of such dependents: Provided, That under such regulations as may be issued by the Secretary of Defense, such schooling in a school operated by the Department of Defense under this section may be provided without tuition for minor dependents of civilian and military personnel of the Department of Defense who died while entitled to compensation or active duty pay: Provided further, That where such personnel die subsequent to the date of this Act, such schooling must be continued or commenced within 1 year after the date of death; (b) for expenses in connection Occupied a r e a s. with administration of occupied areas; (c) for payment of rewards Rewards. as authorized for the Navy by section 7209(a) of title 10, United States Code, for information leading to the discovery of missing naval property or the recovery thereof; (d) for payment of deficiency judg- Deficiency judgments and interests thereon arising out of condemnation proceedings; m e n t s. (e) for leasing of buildings and facilities including payment of rentals Leasing. for special purpose space at the seat of government, and in the conduct of field exercises and maneuvers or, in administering the provisions of 43 U.S.C. 315q, rentals may be paid in advance; (f) payments 56 Stat. 654. To o l s, mainunder contracts for maintenance of tools and facilities for twelve months beginning at any time during the fiscal year; (g) maintenance t e n acnccees.s r o a d s. A of Defense access roads certified as important to national defense in accordance with section 210 of title 23, United States Code; (h) for 72 Stat. 908:; 78 Stat. 123. the purchase of milk for enlisted personnel of the Department of Milk program. Defense heretofore made available pursuant to section 1446a, title 7, United States Code, and the cost of milk so purchased, as determined 68 Stat. 900; by the Secretary of Defense, shall be included in the value of the 84 Stat. 1361.

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 728

75 Stat. 449. 22 USC 2385. R e s t and recuperation center s, transportation and per diem for dependents.

Incidental exp e n s e s, payment.

70A Stat. 4 4 3.

Small b u s i n e s s assistance.

Mess operations.

PUBLIC LAW 92-204-DEC. 18, 1971

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commuted ration; (i) transporting civilian clothing to the home of record of selective service inductees and recruits on entering the military services; (j) payments under leases for real or personal property for twelve months beginning at any time during the fiscal year; (k) pay and allowances of not to exceed nine persons, including personnel detailed to International Military Headquarters and Organizations, at rates provided for under section 625(d)(1) of the Foreign Assistance Act of 1961, as amended; (1) until March 31, 1972, under regulations approved by the Secretary of Defense, for transportation from their homes to rest and recuperation centers in the Pacific area and return, plus per diem payments of not to exceed $30 per day for each dependent for periods not over two weeks, for dependents of military personnel assigned as province or district senior advisers in Vietnam on voluntarily extended tours of duty totaling not less than eighteen months, during periods when such military personnel are granted special incentive leaves at such rest and recuperation centers. SEC. 708. Appropriations for the Department of Defense for the current fiscal year shall be available for: (a) donations of not to exceed $25 to each prisoner upon each release from confinement in military or contract prison and to each person discharged for fraudulent enlistment; (b) authorized issues of articles to prisoners, applicants for enlistment and persons in military custody; (c) subsistence of selective service registrants called for induction, applicants for enlistment, prisoners, civilian employees as authorized by law, and supernumeraries when necessitated by emergent military circumstances; (d) reimbursement for subsistence of enlisted personnel while sick in hospitals; (e) expenses of prisoners confined in nonmilitary facilities; (f) military courts, boards, and commissions; (g) utility services for buildings erected at private cost, as authorized by law, and buildings on military reservations authorized by regulations to be used for welfare and recreational purposes; (h) exchange fees, and losses in the accounts of disbursing officers or agents in accordance with law; (i) expenses of Latin-American cooperation as authorized for the Navy by law (10 U.S.C. 7208); and (j) expenses of apprehension and delivery of deserters, prisoners, and members absent without leave, including payment of rewards of not to exceed $25 in any one case. SEC. 709. Insofar as practicable, the Secretary of Defense shall assist American small business to participate equitably in the furnishing of commodities and services financed with funds appropriated under this Act by making available or causing to be made available to suppliers in the United States, and particularly to small independent enterprises, information, as far in advance as possible, with respect to purchases proposed to be financed with funds appropriated under this Act, and by making available or causing to be made available to purchasing and contracting agencies of the Department of Defense information as to commodities and services produced and furnished b;^ small independent enterprises in the United States, and by otherwise helping to give small business an opportunity to participate in the furnishing of commodities and services financed with funds appropriated by this Act. SEC. 710. No appropriation contained in this Act shall be available for expenses of operation of messes (other than organized messes the operating expenses of which are financed principally from nonappropriated funds) at which meals are sold to officers or civilians, except under regulations approved by the Secretary of Defense, which shall

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729

PUBLIC LAW 92-204-DEC. 18, 1971

(except under unusual or extraordinary circumstances) establish rates for such meals sufficient to provide reimbursement of operating expenses and food costs to the appropriations concerned: Provided, That officers and civilians in a travel status receiving a per diem allowance in lieu of subsistence shall be charged at the rate of not less than $2.50 per day: Provided further. That for the purposes of this section payments for meals at the rates established hereunder may be made in cash or by deduction from the pay of civilian employees: Provided further., That members of organized nonprofit youth groups sponsored at either the national or local level, when extended the privilege of visiting a military installation and permitted to eat in the general mess by the commanding officer of the installation, shall pay the commuted ration cost of such meal or meals. SEC. 711. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 712. Appropriations of the Department of Defense available for operation and maintenance may be reimbursed during the current fiscal year for all expenses involved in the preparation for disposal and for the disposal of military supplies, equipment, and materiel, and for all expenses of production of lumber or timber products pursuant to section 2665 of title 10, United States Code, from amounts received as proceeds from the sale of any such property: Provided, That a report of receipts and disbursements under this limitation shall be made quarterly to Congress: Provided further., That no funds available to agencies of the Department of Defense shall be used for the operation, acquisition, or construction of new facilities or equipment for new facilities in the continental limits of the United States for metal scrap baling or shearing or for melting or sweating aluminum scrap unless the Secretary of Defense or an Assistant Secretary of Defense designated by him determines, with respect to each facility involved, that the operation of such facility is in the national interest. SEC. 713. (a) During the current fiscal year, the President may exempt appropriations, funds, and contract authorizations, available for military functions under the Department of Defense, from the provisions of subsection (c) of section 3679 of the Revised Statutes, as amended, whenever he deems such action to be necessary in the interests of national defense. (b) Upon determination by the President that such action is necessary, the Secretary of Defense is authorized to provide for the cost of an airborne alert as an excepted expense in accordance with the provisions of Revised Statutes 3732 (41 U.S.C. 11). (c) Upon determination by the President that it is necessary to increase the number of military personnel on active duty subject to existing laws beyond the number for which funds are provided in this Act, the Secretary of Defense is authorized to provide for the ccst of such increased military personnel, as an excepted expense in accordance with the provisions of Revised Statutes 3732 (41 U.S.C. 11). (d) The Secretary of Defense shall immediately advise (Congress of the exercise of any authority granted in this section, and shall report monthly on the estimated obligations incurred puT'suant to subsections (b) and (c). SEC. 714. No appropriation contained in this Act shall be available in connection with the operation of commissary stores of the agencies of the Department of Defense for the cost of purchase (including

F i s c a l year limitation. Reimbursable appropriations.

70A Stat. 149. Report to Congress.

Funds, apportionment; exemption.

31 USC 665. Airborne a l e r t.

Military personnel i n c r e a s e s, expenses.

Report to Congress.

Commissary stores.

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Free u t i l i t i e s outside U.S. and in A l a s k a.

Proficiency flying.

76 Stat. 4 6 1. Household goods.

V e s s e l s, transfer.

Legal training restriction.

Obligated funds, 1972, limitation.

PUBLIC LAW 92-204-DEC. 18, 1971

[85 STAT.

commercial transportation in the United States to the place of sale but excluding all transportation outside the United States) and maintenance of operating equipment and supplies, and for the actual or estimated cost of utilities as may be furnished by the Government and of shrinkage, spoilage, and pilferage of merchandise under the control of such commissary stores, except as authorized under regulations promulgated by the Secretaries of the military departments concerned, with the approval of the Secretary of Defense, which regulations shall provide for reimbursement therefor to the appropriations concerned and, notwithstanding any other provision of law, shall provide for the adjustment of the sales prices in such commissary stores to the extent necessary to furnish sufficient gross revenue from sales of commissary stores to make such reimbursement: Provided, That under such regulations as may be issued pursuant to this section all utilities may be furnished without cost to the commissary stores outside the continental United States and in Alaska: Provided further, That no appropriation contained in this Act shall be available in connection with the operation of commissary stores within the continental United States unless the Secretary of Defense has certified that items normally procured from commissary stores are not otherwise available at a reasonable distance and a reasonable price in satisfactory quality and quantity to the military and civilian employees of the Department of Defense. SEC. 715. No part of the appropriations in this Act shall be available for any expense of operating aircraft under the jurisdiction of the armed forces for the purpose of proficiency flying, as defined in Department of Defense Directive 1340.4, except in accordance with regulations prescribed by the Secretary of Defense. Such regulations (1) may not require such flying except that required to maintain proficiency in anticipation of a member's assignment to combat operations and (2) such flying may not be permitted in cases of members who have been assigned to a course of instruction of 90 days or more. When any rated member is assigned to duties, the performance of which does not require the maintenance of basic flying skills, all such members, while so assigned, are entitled to flight pay prescribed under section 301 of title 37, United States Code, if otherwise entitled to flight pay at the, time of such assignment. Si':c. 716. No part of any appropriation contained in this Act shall be available for expense of transportation, packing, crating, temporary storage, drayage, and unpacking of household goods and personal effects in any one shipment having a net weight in excess of thirteen thousand five hundred pounds. SP:C. 717. Vessels under the jurisdiction of the Department of Commerce, the Department of the Army, Department of the Air Force, or the Department of the Navy may be transferred or otherwise made available without reimbursement to any such agencies upon the request of the head of one' agency and the approval of the agency having jurisdiction of the vessels concerned. SEC. 718. None of the funds provided in this Act shall be available for training in any legal profession nor for the payment of tuition for training in such profession: Provided, That this limitation shall not apply to the off-duty training of military personnel as prescribed by section 722 of this Act. SEC, 719. Not more than 20 per centum of the appropriations in this Act M'hich are limited for obligation during the current fiscal year

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731

PUBLIC LAW 92-204-DEC. 18, 1971

shall be obligated during the last two months of the fiscal year: Provided, That this section shall not apply to obligations for support of active duty training of civilian components or summer-camp training of the Reserve Officers' Training Corps. SEC. 720. During the current fiscal year the agencies of the Department of Defense may accept the use of real property from foreign countries for the United States in accordance with mutual defense agreements or occupational arrangements and may accept services furnished by foreign countries as reciprocal international courtesies or as services cvistomarily made available without charge; and such agencies may use the same for the support of the United States forces in such areas without specific appropriation therefor. In addition to the foregoing, agencies of the Department of Defense may accept real property, servix3es, and commodities from foreign countries for the use of the United States in accordance with mutual defense agreements oi- occupational arrangements and such agencies may use the same for the support of the United States forces in such areas, without specific appropriations therefor: Provided,, That within thirty days after the end of each quarter the Secretary of Defense shall T-ender to Congress and to the Office of Management and Budget a full report of such property, supplies, and commodities received during such quarter. SEC. 721. During the current fiscal year, appropriations available to the Department of Defense for research and development may be used for the purposes of section 2353 of title 10, United States Code, and for purposes related to research and development for which expenditures are specifically authorized in other appropriations of the service concerned. SEC. 722. No appropriation contained in this Act shall be available for the payment of more than 75 per centum of charges of educational institutions for tuition or expenses for off-duty training of military personnel, nor for the payment of any part of tuition or expenses for such training for commissioned personnel who do not agree to remain on active duty for two years after completion of such training. SEC. 723. No part of the funds appropriated herein shall be expended for the support of any formally enrolled student in basic courses of the senior division. Reserve Officers' Training Corps, who has not executed a certificate of loyalty or loyalty oath in such form as shall be prescribed by the Secretary of Defense. SEC. 724. No part of any appropriation contained in this Act shall be available for the procurement of any article of food, clothing, cotton, woven silk or woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated synthetic fabric, or wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles) not grown, reprocessed, reused, or produced in the United States or its possessions, except to the extent that the Secretary of the Department concerned shall determine that a satisfactory quality and sufficient quantity of any articles of food or clothing or any form of cotton, woven silk and woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated synthetic fabric, or wool grown, reprocessed, reused, or produced in the United States or its possessions cannot be procured as and when needed at United States market prices and except procurements outside the United States in support of combat operations, procurements by vessels in foreign waters and emergency procurements or procurements of perishable foods by estab-

Foreign real property, u s e.

Report to Congress and Office of Management and Budget.

R e s e a r c h and development funds. 70A Stat. 134.

Education expenses, restriction.

ROTC, loyalty requirements.

Procurement restrictions.

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Page:United States Statutes at Large Volume 85.djvu/762

 732

Bakery, laundry facilities.

Airmail reimbursement.

Furnishings and automobiles, purchase.

81 Stat. 206. Ammunition, transfer.

Travel expenses.

Congressional liaison a c t i v i t i e s.

PUBLIC LAW 92-204-DEC. 18, 1971

[85 STAT.

lishments located outside the United States for the personnel attached thereto: Provided, That nothing herein shall preclude the procurement of foods manufactured or processed in the United States or its possessions: Provided further, That no funds herein appropriated shall be used for the payment of a price differential on contracts hereafter made for the purpose of relieving economic dislocations: Provided further, That none of the funds appropriated in this Act shall be used except that, so far as practicable, all contracts shall be awarded on a formally advertised competitive bid basis to the lowest responsible bidder. SEC. 725. Xone of the funds appropriated in this Act shall be used for the construction, replacement, or reactivation of any bakery, laundry, or dry-cleaning facility in the United States, its territories or possessions, as to which the Secretary of Defense does not certify in writing, giving his reasons therefor, that the services to be furnished by such facilities are not obtainable from commercial sources at reasonable rates. SEC. 726. During the current fiscal year, appropriations of the Department of Defense shall be available for reimbursement to the United States Postal Service for payment of costs of commercial air transportation of military mail between the United States and foreign countries. SEC. 727. Appropriations contained in this Act shall be available for the purchase of household furnishings, and automobiles from military and civilian personnel on duty outside the continental United States, for the purpose of resale at cost to incoming personnel, and for providing furnishings, without charge, in other than public quarters occupied by military or civilian personnel of the Department of Defense on duty outside the continental United States or in Alaska, upon a determination, under regulations approved by the Secretary of Defense, that such action is advantageous to the Government. SEC. 728. During the current fiscal year, appropriations available to the Department of Defense for pay of civilian employees shall be available for uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901; 80 Stat. 508). SEC. 729. During the current fiscal year, the Secretary of Defense shall, upon requisition of the National Board for the Promotion of Rifle Practice, and without reimbursement, transfer from agencies of the Department of Defense to the Board ammunition from stock or which has been procured for the purpose in such amounts as he may determine. Such appropriations of the Department of Defense available for obligation during the current fiscal year as may be designated by the Secretary of Defense shall be available for the travel expenses of military and naval personnel, including the reserve components, and members of the Reserve Officers' Training Corps attending regional, national, or international rifle matches. SEC. 730. Funds provided in this Act for congressional liaison activities of the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Office of the Secretary of Defense shall not exceed $1,150,000: Provided, That this amount shall be available for apportionment to the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Office of the Secretary of Defense as determined by the Secretary of Defense.

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Page:United States Statutes at Large Volume 85.djvu/763

 85 STAT. ]

PUBLIC LAW 92-204-DEC. 18, 1971

733

Civil r e s e r v e SEC. 731. Of the funds made available by this Act for the services of the Military Airlift Command, $100,000,000 shall be available only air fleet. for procurement of commercial transportation service from carriers participating in the civil reserve air fleet program; and the Secretary of Defense shall utilize the services of such carriers which qualify as small businesses to the fullest extent found practicable: Provided. That the Secretary of Defense shall specify in such procurement, performance characteristics for aircraft to be used based upon modern aircraft operated by the civil air fleet. SEC. 732. Not less than $5,500,000 of the funds made available in this Sea transportaAct for travel expenses in connection with temporary duty and per- tion. manent change of station of civilian and military personnel of the Department of Defense shall be available only for the procurement of commercial passenger sea transportation services on American-flag vessels. Civilian clothSEC. 733. During the current fiscal year, appropriations available ing. ro the Department of Defense for operation may be used for civilian <'lothing, not to exceed $40 in cost for enlisted personnel: (1) discharged for misconduct, unfitness, unsuitability, or otherwise than honorably; (2) sentenced by a civil court to confiiiement in a civil prison or interned or discharged as an alien enemy; (3) discharged \)vioY to completion of recruit training under honorable conditions for dependency, hardship, minority, disability, or for the convenience of the Government. SEC. 734. No part of the funds appropriated herein shall be avail- to Defense contracr s ' advertising able for paying the costs of advertising by any defense contractor, c o s t s, restrictions. except advertising for which payment is made from profits, and such advertising shall not be considered a part of any defense contract cost. The prohibition contained in this section shall not apply with respect to advertising conducted by any such contractor, in compliance with regulations which shall be promulgated by the Secretary of Defense, solely for (1) the recruitment by the contractor of personnel required for the performance by the contractor of obligations under' a defense contract, (2) the procurement of scarce items required by the contractor for the performance of a defense contract, (3) the disposal of scrap or surplus materials acquired by the contractor in the performance of a defense contract, or (4) costs (not to exceed an aggregate total for all contracts of $1,250,000) of participation in the United States International Aeronautical Exposition. SEC. 735. Funds appropriated in this Act for maintenance and repair New f a c i l i t i e s, of facilities and installations shall not be available for acquisition of restriction. new facilities, or alteration, expansion, extension, or addition of existing facilities, as defined in Department of Defense Directive 7040.2. dated January 18, 1961, in excess of %^0,0Q0: Provided, That the Secretary of Defense may amend or change the said directive during the current fiscal year, consistent with the purpose of this section. SEC. 736. During the current fiscal year upon determination by the Transfer of Secretary of Defense that such action is necessary in the national funds. interest, he may, with the approval of the Office of Management and Budget, transfer not to exceed $750,000,000 of the appropriations or l"unds available to the Department of Defense for military functions (except military construction) betAveen such appropriations or funds, to be merged with and to be av^ailable for the same purposes, and for the same time period, as the appropriation or fund to which transferred: Provided, That the Secretary of Defense shall notify the Con- C oNotification of ngress. irress promptly of all transfers made pursuant to this authority.

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Page:United States Statutes at Large Volume 85.djvu/764

 734 Contract payments in foreign countries.

Forces in Vietnam, L a o s, and Thailand, support.

77 Stat. 216; 79 Stat. 547.

Report to Congress.

Working capital funds. 76 Stat. 5 2 1.

Payments to convicted r i o t e r s, prohibition.

Loans to campus disrupte r s, prohibition.

PUBLIC LAW 92-204-DEC. 18, 1971

[85 STAT.

SEC. 737. None of the funds appropriated in this Act may be used to make payments under contracts for any program, project, or activity in a foreign country unless the Secretary of Defense or his designee, after consultation with the Secretary of the Treasury or his designee, certifies to the Congress that the use, by purchase from the Treasury, of currencies of such country acquired pursuant to law is not feasible for the purpose, stating the reason therefor. SEC. 738. (a) Not to exceed $2,500,000,000 of the appropriations available to the Department of Defense during the current fiscal year shall be available for their stated purposes to support: (1) Vietnamese and other free world forces in support of Vietnamese forces; (2) local forces in Laos and Thailand; and for related costs, on such terms and conditions as the Secretary of Defense may determine: Provided, That none of the funds appropriated by this Act may be used for the purpose of paying any overseas allowance, per diem allowance, or any other addition to the regular base pay of any person serving with the free world forces in South Vietnam if the amount of such payment would be greater than the amount of special pay authorized to be paid, for an equivalent period of service, to members of the Armed Forces of the United States under section 310 of title 37, United States Code, serving in Vietnam or in any other hostile fire area, except for continuation of payments of such additions to regular base pay provided in agreements executed prior to July 1, 1970: Provided further, That nothing in clause (1) of the first sentence of this subsection shall be construed as authorizing the use of any such funds to support Vietnamese or other free world forces in actions designed to provide military support and assistance to the Government of Cambodia or Laos: Provided further, That nothing contained in this section shall be construed to prohibit support of actions required to insure the safe and orderly withdrawal or disengagement of U.S. Forces from Southeast Asia, or to aid in the release of Americans held as prisoners of war. (b) Within thirty days after the end of each quarter, the Secretary of Defense shall render to Congress a report with respect to the estimated value by purpose, by country, of support furnished from such appropriations. SEC. 739. During the current fiscal year, cash balances in working capital funds of the Department of Defense established pursuant to section 2208 of title 10, United States Code, may be maintained in only such amounts as are necessary at any time for cash disbursements to be made from such funds: Provided, That transfers may be made between such funds in such amounts as may be determined by the Secretary of Defense, with the approval of the Office of Management and Budget. SEC. 740. No part of the funds appropriated under this Act shall be used to pay salaries of any Federal employee who is convicted in any Federal, State, or local court of competent jurisdiction, of inciting, promoting, or carrying on a riot, or any group activity resulting in material damage to property or injury to persons, found to be in violation of Federal, State, or local laws designed to protect persons or property in the community concerned. SEC. 741. No part of the funds appropriated under this Act shall be used to provide a loan, guarantee of a loan or a grant to any applicant who has been convicted by any court of general jurisdiction of any crime which involves the use of or the assistance to others in the use of force, trespass, or the seizure of property under control of an institution of higher education to prevent officials or students at such an institution from engaging in their duties or pursuing their studies.

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Page:United States Statutes at Large Volume 85.djvu/765

 85 STAT. ]

735

PUBLIC LAW 92-205-DEC. 18, 1971

SEC. 742. I n line with the expressed intention of the President of the United States, none of the funds appropriated by this Act shall be used to finance the introduction of American ground combat troops into Laos or Thailand. SEC. 743. None of the funds appropriated in Titles I through VII of this Act shall be available for the purposes authorized by section 610, Public Law 91-511, approved October 26, 1970. SEC. 744. None of the funds in this Act shall be available for the induction or enlistment of any individual into the military services under a mandatory quota based on mental categories.

L a o s or T h a i land, introduction of combat troops, prohibition.

84 Stat. 1224.

TITLE VIII ANTI-BALLISTIC MISSILE CONSTRUCTION MILITARY CONSTRUCTION, A R M Y

For an additional amount for "Military Construction, Army" for construction of the Safeguard anti-ballistic missile system as authorized by section 401(a)(1), Public Law 92-156, $98,500,000, to remain available until expended.

Ante. p. 426.

FAMILY HOUSING, DEFENSE

For an additional amount for "Family Housing, Defense" for the Safeguard anti-ballistic missile system as authorized by section 401 (a)(2). Public Law 92-156, $11,070,000, to remain available until expended: Provided, That the limitation "Construction Army" is increased accordingly. SEC. 801. Funds appropriated in this title shall be subject to the authorizations and limitations of the Military Construction Appropriation Act, 1972 in the same manner as if such funds had been included in that Act. This Act may be cited as the "Department of Defense Appropriation Act, 1972.'* Approved December 18, 1971.

Ante, p. 394. short title.

Public Law 92-205 AN ACT To provide for the reporting of weather moditicution nctivities to the Federal Government.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, as used in this Act— (1) The term "Secretary" means the Secretary of Commerce. (2) The term "person" means any individual, corporation, company, association, firm, partnership, society, joint stock company, a n j State or local government or any agency thereof, or any other organization, whether commercial or nonprofit, who is performing weather modification activities, except where acting solely as an employee, agent, or independent contractor of the Federal Government. (3) The term "weather modification" means any activity performed with the intention of producing artificial changes in the composition, behavior, or dynamics of the atmosphere.

December 18, 1971 [H. R. 6893]

Weather modification reporting.

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Page:United States Statutes at Large Volume 85.djvu/766

 736

Report requirement.

R e c o r d s, publication.

Public information. Confidential information. 62 Stat. 791.

Authority of Secretary.

Noncompliance.

Penalty.

Appropriations.

PUBLIC LAW 92-205-DEC. 18, 1971

[85 STAT.

(-1) The term "United States" includes the several States, the District of Cohimbia, the Commonwealth of Puerto Rico, and any territory or insular possession of the United States. SE(. 2. Xo person may engage, or attempt to engage, in any weather modification activity in the United States unless he submits to the Secretary such reports with respect thereto, in such form and containing such information, as the Secretary may by rule prescribe. The Secretary may require that such reports be submitted to him before, during, and after any such activity or attempt. SEC. 8. (a) The Secretary shall maintain a record of weather modification activities, including attempts, which take place in the United States and shall publish summaries thereof from time to time as he determines. (b) All reports, documents, and other information received by the Secretary under the provisions of this Act shall be made available to the public to the fullest practicable extent. (c) In carrying out the provisions of this section, the Secretary shall not disclose any information referred to in section 1905 of title 18, United States Code, and is otherwise unavailable to the public, except that such information shall be disclosed— (1) to other Federal Government departments, agencies, and officials for official use upon request; (2) in any judicial proceeding under a court order formulated to preserve the confidentiality of such information without impairing the proceeding; and (8) to the public if necessary to protect their health and safety. SEC. 4. (a) The Secretary may obtain from any person whose activities relate to weather modification by rule, subpena, or otherwise such information in the form of testimony, books, records, or other writings, may require the keeping and furnishing of such reports and records, and may make such inspection of the books, records, and other writings and premises and property of any person as may be deemed necessary or appropriate by him to carry out the provisions of this Act, but this authority shall not be exercised to obtain any information with respect to which adequate and authoritative data are available from any Federal agency. (b) I n case of contumacy by, or refusal to obey a subpena served upon any person pursuant to this section, the district court of the United States for any district in which such person is found or resides or transacts business, upon application by the Attorney General, shall have jurisdiction to issue an order requiring such person to appear and give testimony or to appear and produce documents, or both; and any failure to obey such order of the court may be punished by such court as a contempt thereof. SEC. 5. Any person who knowingly and willfully violates section 2 of this Act, or any rule issued thereunder, shall upon conviction thereof be fined not more than $10,000. SEC. 6. There are authorized to be appropriated $150,000 for the fiscal year ending June 30, 1972, and $200,000 each for the fiscal years ending June 30, 1973, and June 30, 1974, to carry out the provisions of this Act. Approved December 18, 1971.

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Page:United States Statutes at Large Volume 85.djvu/767

 85 STAT. ]

PUBLIC LAW 92-206-DEC. 18, 1971

737

Public Law 92-206 AN ACT To provide for the apportionment of funds in payment of a judgment in favor of the Shoshone Tribe in consolidated docliets numbered 326-D, 326-E, 326-F, 326-G, 326-H, 306, and 367 before the Indian Claims Commission, and for other purposes.

December 18, 1971 [S.2042]

Be it enacted by the Senate and House of Representatives of the Indians. United States of America in Congress assembled, That the funds on Shoshone t r i b e s. deposit in the Treasury of the United States to the credit of the Sho- Judgment funds, shone Xation or Tribe of Indians and the Shoshone-Bannock Tribes apportionment. that were appropriated by the Act of June 19, 1968 (82 Stat. 239), to pay a judgment in the sum of $15,700,000 entered by the Indian Claims (Commission in consolidated dockets numbered 326-D, 326-E, 326-F, 3 2 6 - ( T, 3 2 6 - H, 366, and 367. and the interest thereon, after deducting attorneys' fees, litigation expenses, and other appropriate deductions, shall be apportioned by the Secretary of the Interior to the Shoshone Tribe of the Wind Kiver Reservation, Wyoming, the Shoshone-Bannock Tribes of the Fort Hall Reservation, Idaho, and the Northwest Band of Shoshone Indians (hereinafter the "three groups"), as set forth in this Act. SEC. 2. The sum of $500,000, and the interest thereon, less attorneys' fees and other appropriate deductions all in the proportion that the $500,000 bears to the $15,700,000. shall be credited to the ShoshoneBannock Tribes of the Fort Hall Reservation for claims of the tribes enumerated in dockets numbered 326-D, 326-E, 326-F, 3 2 6 - C J, and 366. SEC. 3. The sum of $1,375,000 plus the earned interest thereon less $181,732 shall be credited to the Northwestern Bands of Shoshone Indians for claims of the bands enumerated in dockets numbered 326-H and 367. SEC. 4. The remainder of the award shall be apportioned between the Shoshone-Bannock Tribes of the Fort Hall Reservation and the Shoshone Tribe of the Wind River Reservation in accordance with an agreement entered into between the Shoshone-Bannock Tribes and the Shoshone Tribe of the Wind River Reservation in May 1965, approved by the Associate Commissioner of Indian Airairs in December 1965. SEC. 5. For the purpose of apportioning the award in accordance Membership r o l l s. with this Act, membership rolls, duly approved by the Secretary of the Interior, shall be prepared for each of the three groups, as follows: (a) The governing body of the Shoshone Tribe of the Wind River Reservation and the governing body of the Shoshone-Bannock Tribes, each shall, with the assistance of the Secretary, bring current the membership rolls of their respective tribes, to include all persons born l)rior to and alive on the date of this Act, who are enrolled or eligible to be enrolled in accordance with the membership requirements of their respective tribes. (b) The proposed roll of the Northwestern Bands of Shoshone Indians entitled to participate in the distribution of the judgment funds shall be prepared by the governing officers of said Northwestern l^ands, with the assistance of the Secretary of the Interior, within six months after the date of the enactment of this Act authorizing distribution of said funds. The roll shall include all persons who meet all of the following requirements of eligibility: (1) They were born prior to and alive on the date of the enactment of this Act; (2) Either their names appear on one of the following Indian census rolls of the Washakie Sub-Agency of the Fort Hall jurisdiction:

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Page:United States Statutes at Large Volume 85.djvu/768

 738

Publication in Federal Register.

Publication in Federal R e g i s t e r.

Northwestern Band of Shoshone Indians.

ShoshoneBannock T r i b e s of Fort Hall Reservation.

PUBLIC lAW 92-206-DEC. 18, 1971

[85 STAT.

(a) Roll dated January 1, 1937, by F. A. Gross, Superintendent of the Fort Hall Reservation. (b) Roll dated January 1, 1940, by F. A. (^ross. Superintendent of the Fort Hall Reservation. (c) Roll dated March 10, 1954. (d) Roll dated April 21, 1964. or they possess one-quarter Shoshone Indian blood and they are descendants of those appearing on at least one of said rolls; (8) They are not recognized as members of the Shoshone-Bannock Tribes of the Fort Hall Reservation, the Shoshone Tribe of the AVind River Reservation, or any other Indian Tribe; and (4) They shall elect not to participate in any settlement of claims pending before the Indian Claims Commission in docket 3*2-J, Shoshone-Ooshute, and docket 326-K, Western Shoshone. The proposed roll shall be published in the Federal Register, and in a newspaper of general circulation in the State of Utah. Any person claiming membership rights in the Northwestern Bands of Shoshone Indians, or any interest in said judgment funds, or a representative of the Secretary on behalf of any such person, within sixty days from the date of publication in the Federal Register, or in the newspaper of general circulation, as hereinbefore provided, whichever publication date is last, may file an appeal with the Secretary contesting the inclusion or omission of the name of any person on or from such proposed roll. The Secretary shall review such appeals, and his decision thereon shall be final and conclusive. After disposition of all such appeals to the Secretary, the roll of the Northwestern Bands of Shoshone Indians shall be published in the Federal Register and such roll shall be final. SEC. 6. The funds apportioned to the Northwestern Band of Shoshone Indians, less attorneys' fees, and expenses due the attorneys representing the Northwestern Band under an approved contract, effective March 1, 1968, shall be placed to its credit in the United States Treasury and shall be distributed equally to the members whose names appear on the final roll and in accordance with the provisions of this Act, (a) The per capita shares shall be determined on the basis of the number of persons listed on the proposed roll published as hereinbefore provided and the number of persons on whose behalf an appeal has been taken to the Secretary contesting omission from such proposed roll. The share of those persons excluded from the final roll by reason of the decision of the Secretary on appeal shall be distributed equally to the persons included on the final roll. (b) The Secretary shall distribute a share payable to a living enrollee directly to such enrollee. The per capita share of a deceased enrollee shall be paid to his heirs or legatees upon proof of death and inheritance satisfactory to the Secretary, whose findings upon such proof shall be final and conclusive. A share or interest therein payable to enrollees or their heirs or legatees w'ho are less than twenty-one years of age or who are under legal disability shall be paid in accordance with such procedures, including the establishment of trusts, as the Secretary determines appropriate to protect the best interest of such persons. SEC. 7. (a) The funds apportioned to the Shoshone-Bannock Tribes of the Fort Hall Reservation shall be placed to their credit in the United States Treasury. Seventy-five percent of such funds shall be distributed per capita to all persons born on or before and living on the date of this Act who are duly enrolled on the roll prepared in accordance with section 5(a) of this Act.

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Page:United States Statutes at Large Volume 85.djvu/769

 85 STAT. ]

PUBLIC LAW 92-207-DEC. 18, 1971

(b) The per capita shares shall be determined on the basis of the number of persons eligible for per capitas and the number of persons rejected for per capitas who have taken a timely appeal. The shares of those persons whose appeals are denied shall revert to the ShoshoneBannock Tribes to be expended for any purpose designated by the tribal governing body and approved by the Secretary. (c) Sums payable to enrollees or their heirs or legatees who are less than twenty-one years of age or who are under a legal disability shall be paid in accordance with such procedures, including the establishment of trusts, as the Secretary of the Interior determines appropriate to protect the best interests of such persons. (d) The funds remaining after provision is made for the per capita distribution may be used, advanced, expended, invested, or reinvested for any purpose authorized by the tribal governing body and approved by the Secretary of the Interior. SEC. 8. The funds apportioned to the Shoshone Tribe of the Wind River Reservation shall be placed to its credit in the United States Treasury and shall be distributed in accordance with the provisions of the Act of May 19, 1947, as amended (61 Stat. 102; 25 U.S.C. 611-613). SEC. 9. Any funds distributed per capita under provisions of this Act shall not be subject to Federal or State income tax. SEC. 10. The Secretary of the Interior is authorized to prescribe rules and regulations to carry out the provisions of this Act. Approved December 18, 1971.

739

Shoshone Tribe of Wind River Reservation. 72 Stat. 5 4 1. Tax exemption. Rules and regulations.

Public Law 92-207 AN ACT To establish the Capitol Reef National Park in the State of Utah. Be it enacted by the Senate and House of Representatives of the Vnlted States of America in Congress as.sembled^ That (a) subject to valid existing rights, the lands, Avaters. and interests therein within the boundary generally depicted on the map entitled "Boundary Map, l^roposed Capitol Reef Xational Park. L^tah," numbered 158-91,002, and dated January 1971, are hereb}' established as the Capitol Reef Xational Park (hereinafter referred to as the "park"). Such map shall 1)e (m file and available for public inspection in the offices of the Xational Park Service, Department of the Interior. (b) The Capitol Reef Xational Monument is herebj- abolished, and any funds available for purposes of the monument shall be available for purposes of the park. Federal lands, waters, and interests therein excluded from the monument by this Act shall be administered by the Secretary of the Interior (hereinafter referred to as the "Secretary") in accordance with the laws applicable to the public lands of the United States. SEC. 2. The Secretary is authorized to ac(iuire by donation, purchase with donated or appropriated fluids, transfer from any Federal agency, exchange, or otherwise, the lands and interests in lands (lescribed in the first section of this Act, except that lands or interests therein owned by the State of Utah, or any political subdivision thereof, may be acquired only with the approval of such State or political subdivision.

75-432 0 - 7 2 - 4 9

December 18, 1971 [S. 29]

Capitol Reef National Park, Utah. Establishment.

Land acquisition.

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Page:United States Statutes at Large Volume 85.djvu/770

 740 Grazing privileges.

. Livestock t r a i l s, watering rights.

Administration.

Rights-of-way.

Report to P r e s i dent.

R o a d s, study.

Report to Congress.

Appropriation.

PUBLIC LAW 92-207-DEC. 18, 1971

[85 STAT.

SEC. 3. Where any Federal lands inclnded within the park are legally occupied or utilized on the date of approval of this Act for <irazing purposes, pursuant to a lease, permit, or license for a fixed term of years issued or authorized by any department, establishment, or agency of the United States, the Secretary of the Interior shall permit the pei"Sons holding such grazing privileges or their heirs to continue in the exercise thereof during the term of the lease, permit, or license, and one period of renewal thereafter. SEC. 4. Xothing in this Act shall be construed as alfecting in any way rights of owners and operators of cattle and sheep herds, existing on the date immediately prior to the enactment of this Act, to trail their herds on traditional courses used by them prior to such date of enactment, and to water their stock, notwithstanding the fact that the lands involving such trails and watering are situated within the park: Provided, That the Secretary may promulgate reasonable regulations providing for the use of such driveways. SEC. 5. (a) The National Park Service, under the direction of the Secretary, shall administer, protect, and develop the park, subject to the provisions of the Act entitled "An Act to establish a National Park Service, and for other purposes", approved August 25, 1916 (39 Stat. 535) as amended and supplemented (16 U.S.C. 1-4). (b) The Secretary shall grant easements and rights-of-way on a nondiscriminatory basis upon, over, under, across, or along any component of the park area unless he finds that the route of such easements and rights-of-way would have significant adverse effects on the administration of the park. (c) Within three years from the date of enactment of this Act, the Secretary of the Interior shall report to the President, in accordance with subsections 3(c) and 3(d) of the Wilderness Act (78 Stat. 890; 16 U.S.C. 1132 (c) and (d)), his recommendations as to the suitability or nonsuitability of any area within the park for preservation as wilderness, and any designation of any such area as a wilderness shall be in accordance with said Wilderness Act. SEC. 6. (a) The Secretary, in consultation with appropriate Federal departments and appropriate agencies of the State and its political subdivisions shall conduct a study of proposed road alinements within and adjacent to the park. Such study shall consider what roads are appropriate and necessary for full utilization of the area for the purposes of this Act as well as to connect with roads of ingress and egress to the area. (b) A report of the findings and conclusions of the Secretary shall be submitted to the Congress within two years of the date of enactment of this Act, including recommendations for such further legislation as may be necessary to implement the findings and conclusions developed from the study. SEC. 7. There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act, not to exceed, however, $423,000 for the acquisition of lands and interests in lands and not to exceed $1,052,700 (April 1970 prices) for development, plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indexes applicable to the types of construction involved herein. The sums authorized in this section shall be available for acquisition and development undertaken subsequent to the approval of this Act. Approved December 18, 1971.

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Page:United States Statutes at Large Volume 85.djvu/771

 85 STAT. ]

PUBLIC LAW 92-208-DEC. 18, 1971

741

Public Law 92-208 '^^

ACT

For the relief of Richard C. Walker and to create an additional judicial district in the State of Louisiana.

December 18, 1971

[H. R. 3749]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That former Staff s- ^^^- Richard c. Sergeant Richard C. Walker, United States Marine Corps (200-74- "^jSir/dll"33), of Thibodaux, Louisiana, is relieved of liability to the United tricts, La. States in the amount of $547.52 representing certain excess pay and allowances paid to him during his active service in the United States Marine Corps as the result of administrative errors and without fault on his part. I n the audit and settlement of the accounts of any certifying or disbursing officer of the United States, credit shall be given for amounts for which liability is relieved by this section. SEC. 2. (a) The Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to the said Richard C. Walker an amount equal to the aggregate of any amounts paid by him, or withheld from sums otherwise due him, with respect to the indebtedness to the United States specified in the first section of this Act. (b) Xo part of the amount appropriated in subsection (a) of this section shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with such claims, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000. SEC. 3. (a) Section 98 of title 28 of the United States Code is ^^ ^*^*- ^^^ amended to read as follows: "§ 98. Louisiana "Louisiana is divided into three judicial districts to be known as the Eastern, Middle, and Western Districts of Louisiana. "Eastern District " (a) The Eastern District comprises the parishes of Assumption, Jefferson, Lafourche, Orleans, Plaquemines, Saint Bernard, Saint Charles, Saint James, Saint John the Baptist, Saint Tammany, Tangipahoa, Terrebonne, and Washington. "Court for the P^astern District shall be held at Xew Orleans. "Middle District "(b) The Middle District comprises the parishes of Ascension, East Baton Rouge, East Feliciana, Iberville, Livingston, Pointe Coupee, Saint Helena, West Baton Rouge, and West Feliciana. "Court for the Middle District shall be held at Baton Rouge. "Western District "(c) The Western District comprises six divisions. "(1) The Opelousas Division comprises the parishes of Evangeline and Saint Landry. "Court for the Opelousas Division shall be held at Opelousas. "(2) The Alexandria Division comprises the parishes of Avoyelles, Catahoula, Grant, La Salle, Rapides, and Winn. "Court for the Alexandria Division shall be held at Alexandria. "(3) The Shreveport Division comprises the parishes of Bienville,

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Page:United States Statutes at Large Volume 85.djvu/772

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84 Stat. 295.

PUBLIC LAW 92-209-DEC. 18, 1971

[85 STAT.

Bossier, Caddo, Claiborne, I)e Soto, Natchitoches, Red River, Sabine, and Webster. "Court for the Shreveport Division shall be held at Shreveport. "(4) The Monroe Division comprises the parishes of Caldwell, Concordia, East Carroll, Franklin, Jackson, Lincoln, Madison, Morehouse, Ouachita, Richland, Tensas, LTnion, and West Carroll. "'Court for the Monroe Division shall be held at Monroe. "(5) The Lake Charles Division comprises the parishes of Allen, Beauregard, Calcasieu, Cameron, Jefferson Davis, and Vernon. "Court for the Lake Charles Division shall be held at Lake Charles. "(6) The Lafayette Division comprises the parishes of Acadia, Iberia, Lafayette, Saint Martin, Saint Mary, and Vermilion. "Court for the Lafayette Division shall be held at Lafayette." (b) The district judge for the Eastern District of Louisiana holding office on the da;^ immediately prior to the effective date of this section, and whose official station on such date is Baton Rou^e, shall, on and after such date, be the district judge for the Middle District of Louisiana. All other district judges for the Eastern District of Louisiana holding office on the day immediately prior to the effective date of this section shall be district judges for the Eastern District of Louisiana as constituted by this section. (c)(1) Nothing in this section shall in any manner affect the tenure of office of the United States attorney and the United States marshal for the Eastern District of Louisiana who are in office on the effective date of this section, and who shall be during the remainder of their present terms of office the United States attorney and marshal for the Eastern District of Louisiana as constituted by this section. (2) The President shall appoint, by and with the advice and consent of the Senate, a United States attorney and marshal for the Middle District of Louisiana. (d) The table contained in section 133 of title 28 of the United States Code is amended to read as follows with respect to the State of Louisiana: "Districts

Judges 4:

"Louisiana: "Eastern "Middle "Western

75 Stat. 83. Effective date.

.

•

4:

9 1 4".

(e) Section 134(c) of title 28 of the United States Code is amended by deleting the first sentence. ^f^ rpj^^ provisions of tMs section shall become effective one hundred and twenty days after the date of enactment of this Act. Approved December 18, 1971. Public Law 92-209

December 18, 1971

AN ACT

[s. 1237]

To provide Federal financial assistance for the reconstruction or repair of private nonprofit medical care facilities which are damaged or destroyed by a major disaster.

Be it enacted by the Senate and House of Representatives of the ca/care^rTiiities. United States of Amsrica in Congress assembled, That title II of Disaster relief, the Disaster Relief Act of 1970 is amended by adding at the end thereof 42 USC lltu the following new section:

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743

"PRIVATE MEDICAL CARE FACILITIES

"SEC. 255. (a) The President is authorized to make grants for the repair, reconstruction, or replacement of any medical care facility which is owned by an organization exempt from taxation under section 501 (c), (d), or (e) of the Internal Revenue Code of 1954 and is Itt'leg^^^' operated to carry out the exempt purposes of such organization, and 26 USC so'i. which is damaged or destroyed by a major disaster. Such assistance shall be made available only on application, and subject to such rules and regulations as the President may prescribe. "(b) A grant made under the provisions of subsection (a) shall not Limitation. exceed— "(1) 100 per centum of the net cost of repairing, restoring, reconstructing, or replacing any such facility on the basis of the design of such facility as it existed immediately prior to such disaster and in conformity with applicable codes, specifications, and standards; or " (2) in the case of any such facility which was under construction when so damaged or destroyed, 50 per centum of the net cost of restoring such facility substantially to its condition prior to such disaster, and of completing construction not performed prior to such disaster to the extent that the cost of completing such construction is increased over the original construction cost due to changed conditions resulting from such disaster. "Medical "(c) For purposes of this section, 'medical care facility' includes, facility." care without limitation, any hospital, diagnostic or treatment center, or rehabilitation facility as such terms are defined in section 645 of the Public Health Service Act, and any similar facility offering diagnosis ^s Stat. 460; or treatment of mental or physical injury or disease, including the \2 USC^29io. administrative and support facilities essential to the operating of such medical care facilities although not contiguous thereto." SEC. 2. The amendment made by the first section of this Act shall Effective date, take effect as of January 1, 1971. Approved December 18, 1971. Public Law 92-210 AN ACT

^iN rt.v-.i December 22, 1971 To extend and amend the Economic Stabilization Act of 1970, as amended, and [s. 2891] for other purposes.

Be It enacted by the Senate and House of Representatives of the United States of America in Conqtess amemhled. That this Act may be zation Act AmendEconomic stabuiments of 1971. Cited as the "J^^coiiomic stabilization Act Amendments oi 19/1. ECOXOMIC STABILIZATION ACT OF 15)70

SEC. 2. Title II of the Act entitled "An Act to amend the Defense Production Act of 1950, and for other purposes'", approved August 15, 1970 (Public Law 91-379), as amended, is amended to read as follows:

Ante, p. 38.

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Page:United States Statutes at Large Volume 85.djvu/774

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PUBLIC LAW 92-210-DEC. 22, 1971

[85 STAT.

"TITLE II—COST OF LIVING STABILIZATION

standards.

Limitation.

"§ 201. Short title "This title may be cited as the 'Economic Stabilization Act of 1970'. "§202. Findings " I t is hereby determined that in order to stabilize the economy, reduce inflation, minimize unemployment, improve the Nation's competitive position in ^vorld trade, and jjrotect the purchasing power of the dollar, it is necessary to stabilize prices, rents, wages, salaries, dividends, and interest. The adjustments necessary to carry out this program require prompt judgments and actions by the executive branch of the Government. The President is in a position to implement promptly and effectively the program authorized by this title. "§ 203. Presidential authority " (a) The President is authorized to issue such orders and regulations as he deems appropriate, accompanied by a statement of reasons for such orders and regulations, to— " (1) stabilize prices, rents, wages, and salaries at levels not less than those prevailing on May:25, 1970, except that prices may be stabilized at levels below those prevailing on such date if it is necessary to eliminate windfall profits or if it is otherwise necessary to carry out the purposes of this title; and "(2) stabilize interest rates and corporate dividends and similar transfers at levels consistent with orderly economic growth. Such orders and regulations shall provide for the making of such adjustments as may be necessary to prevent gross inequities, and shall be consistent with the standards issued pursuant to subsection (b). "(b) l u Carrying out the authority vestcd lu him by subsection (a), the President shall issue standards to serve as a guide for determining levels of wages, salaries, prices, rents, interest rates, corporate dividends, and similar transfers which are consistent with the purposes of this title and orderly economic growth. Such standards shall— " (1) be generally fair and equitable; "(2) provide for the making of such general exceptions and variations as are necessary to foster orderly economic growth and to i:)revent gross inequities, hardships, serious market disruptions, domestic shortages of raw materials, localized shortages of labor, and windfall profits; "(3) take into account changes in productivity and the cost of living, as well as such other factors consistent with the purposes of this title as are appropriate; "(4) provide for the requiring of appropriate reductions in prices and rents whenever warranted after consideration of lower costs, labor shortages, and other pertinent factors; and "(5) call for generally comparable sacrifices by business and labor as well as other segments of the economy. " ((.) (1) The authority conferred on the President by this section shall not be exercised to limit the level of any wa^e or salary (including any insurance or other fringe benefit offered in connection with an employment contract) scheduled to take efi'ect after November 13, 1971, to a level below that which has been agreed to in a contract which

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(A) related to such wage or salary, and (B) was executed prior to August 15, 1971, unless the President determines that the increase provided in such contract is unreasonably inconsistent with the standards for wage and salary increases published under subsection (b). "(2) The President shall promptly take such action as may be necessary to permit the payment of any wage or salary increase (including any insurance or other fringe benefit offered in connection with an employment contract) which (A) was agreed to in an employment contract executed prior to August 15, 1971, (B) was scheduled to take effect prior to November 14, 1971, and (C) was not paid as a result of orders issued under this title, unless the President determines that the increase provided in such contract is unreasonably inconsistent with the standards for wage and salary increases published under subsection (b). " (3) I n addition to the payment of wage and salary increases provided for under paragraphs (1) and (2), beginning on the date on which this subsection takes effect, the President shall promptly take such action as may be necessary to require the payment of any wage or salary increases (including any insurance or other fringe benefits offered m connection with employment) which have been, or in the absence of this subsection would be, withheld under the authority of this title, if the President determines that— (A) such increases were provided for by law or contract prior to August 15, 1971; and (B) prices have been advanced, productivity increased, taxes have been raised, appropriations have been made, or funds have otherwise been raised or provided for in order to cover such increases. " (d) Notwithstanding any other provisions of this title, this title substandard shall be implemented in such a manner that wage increases to any ^^8^^individual whose earnings are substandard or who is a member of the working poor shall not be limited in any manner, until such time as his earnings are no longer substandard or he is no longer a member of the working poor. "(e) Whenever the authority of this title is implemented with respect to significant segments of the economy, the President shall require the issuance of regulations or orders providing for the stabilization of interest rates and finance charges, unless he issues a determination, accompanied by a statement of reasons, that such regulations or orders are not necessary to maintain such rates and charges at levels consonant with orderly economic growth. "(f) The authority conferred by this section shall not be exercised to Limitation. preclude the payment of any increase in wages— "(1) required under the Fair Labor Standards Act of 1938, as amended, or effected as a result of enforcement action under such ^^ Stat. loeo. Act; or ^ ^ 29 USC 201. "(2) required in order to comply with wage determinations made by any agency in the executive branch of the Government pursuant to law for work (A) performed under contracts with, or to be performed with financial assistance from, the United States or the District of Columbia, or any agency or instrumentality thereof, or (B) performed by aliens who are immi-

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Page:United States Statutes at Large Volume 85.djvu/776

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PUBLIC LAW 92-210-DEC. 22, 1971

66 Stat. 163. noteV^*^ ^^°^ "slTrrles'"

^^68A Stat. 134, 72 Stat. 1620. 404,4!^/°''

comp.fp! 222!

Ante, p. 743.

so Stat. 397;

Ante,

p. 576.

[85 STAT.

grants or who have been temporarily admitted to the United States pursuant to the Immigration and Nationality Act; or "(3) paid in conjunction with existing or newly established employee incentive programs which are designed to reflect directly increases in employee productivity. " (s) ^^^ *^® purposes of this section the term 'wages' and 'salaries' do not include contributions by any employer pursuant to a compensation adjustment for— "(1) any pension, profit sharing, or annuity and savings plan which meets the requirements of section 401(a), 404(a)(2), or 403 (b) of the Internal Revenue Code of 1954; " (2) any group insurance plan; or "(3) any disability and health plan; unless the President determines that the contributions made by any such employer are unreasonably inconsistent with the standards for wage, salary, and price increases issued under subsection (b). " (h) No State or portion thereof shall be exempted from any application of this title with respect to rents solely by virtue of the fact that it regulates rents by State or local law, regulation or policy. "(1) Rules, regulations, and orders issued under this title shall insofar as practicable be designed to encourage labor-management cooperation for the purpose of achieving increased productivity, and the Executive Director of the National Commission on Productivity shall when appropriate be consulted in the formulation of policies, rules, regulations, orders, and amendments under this title. "§204. Delegation "The President may delegate the performance of any function under this title to such officers, departments, and agencies of the United States as he deems appropriate, or to boards, commissions, and similar entities composed in whole or in part of members appointed to represent different sectors of the economy and the general public. Members of such boards, commissions, and similar entities shall be appointed by the President by and with the advice and consent of the Senate; except that— " (1) the foregoing requirement with respect to Senate confirmation does not apply to any member of a n j such board, commission, or similar entity (other than the Chairman of the Pay Board, established by section 7 of Executive Order Numbered 11627 of October 15, 1971, and the Chairman of the Price Commission, established by section 8 of such Executive order) who is serving, pursuant to appointment by the President, on such board, commission, or similar entity on the date of enactment of the Economic Stabilization Act Amendments of 1971, and who continues to serve, pursuant to such appointment, on such board, commission, or similar entity after such date; and " (2) any person serving in the office of Chairman of such Pay Board, and any person serving in the office of Chairman of such Price Commission, on the date of enactment of the Economic Stabilization Act -Amendments of 1971, may continue to serve in such capacity on an interim basis without regard to the foregoing requirement with respect to Senate confirmation until the expiration of sixty days after the date of enactment of the Economic Stabilization Act Amendments of 1971, and the provisions of seetious 910-913 of title 5, United States Code, shall be applicable with respect to the procedure to be followed in the Senate in considering the nomination of any person to either of such offices submitted to the Senate by the President during such sixty-day period, except that references in such provisions to a 'resolution with respect to a reorganization plan*^ shall be deemed for the purpose of this section to refer to such nominations.

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Page:United States Statutes at Large Volume 85.djvu/777

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747

Where such boards, commissions, and similar entities are composed in part of members who serve on less than a full-time basis, legal authority shall be placed in their chairmen who shall be employees of the United States and who shall act only in accordance with the majority vote of members. Nothing in section 203, 205, 207, 208, or 209 of title 18, United States Code, shall be deemed to apply to any jjg^^*^*- "2^" member of any such board, commission, or similar entity who serves on less than a full-time basis because of membership on such board, commission, or entity. "§ 205. Confidentiality of information "All information reported to or otherwise obtained by any person exercising authority under this title which contains or relates to a trade secret or other matter referred to in section 1905 of title 18, United States Code, shall be considered confidential for the purposes of that ^^ ^*^*' '^^^• section, except that such information may be disclosed to other persons empowered to carry out this title solely for the purpose of carrying out this title or when relevant in any proceeding under this title. "§ 206. Subpena power "The head of an agency exercising authority under this title, or his duly authorized agent, shall have authority, for any purpose related to this title, to sign and issue subpenas f)r the attendance and testimony of witnesses and the production of relevant books, papers, and other documents, and to administer oaths. "Witnesses summoned under the provisions of this section shall be paid the same fees and mileage as are paid to witnesses in the courts of the United States. In case of refusal to obey a subpena served upon any person under the provisions of this section, the head of the agency authorizing such subpena, or his delegate, may request the Attorney General to seek the aid of the district court of the United States for any district in which such person is found to compel such person, after notice, to appear and give testimony, or to appear and produce documents before the agency. "§ 207. Administrative procedure " (a) The functions exercised under this title are excluded from the operation of subchapter II of chapter 5, and chapter 7 of title 5, United States Code, except as to the requirements of sections 552, 553, s use ssi, 701. 51 Stat. 54; and 555 (e) of title 5, United States Code. 80 Stat. 383. "(b) Any agency authorized by the President to issue rules, regulations, or orders under this title shall, in regulations prescribed by it, establish procedures which are available to any person for the purpose of seeking an interpretation, modification, or rescission of, or seeking an exception or exemption from, such rules, regulations, and orders. If such person is aggrieved by the denial of a request for such action under the preceding sentence, he may request a review of such denial by the agency. The agency shall, in regulations prescribed by it, establish appropriate procedures, including hearings where deemed advisable, for considering such requests for action under this section. "(c) To the maximum extent possible, the President or his delegate shall conduct formal hearings for the purpose of hearing arguments or acquiring information bearing on a change or a proposed change in Avages, salaries, prices, rents, interest rates, or corporate dividends or similar transfers, which have or may have a significantly large impact upon the national economy, and such hearings shall be open to the public except that a private formal hearing may be conducted to receive information considered confidential under section 205 of this title. "§208. Sanctions; criminal fine and civil penalty "(a) Whoever Avillfully violates any order or regulation under this title shall be fined not more than $5,000 for each violation.

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Page:United States Statutes at Large Volume 85.djvu/778

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PUBLIC LAW 92-210-DEC. 22, 1971

[85 STAT.

" (b) Whoever violates any order or regulation under this title shall be subject to a civil penalty of not more than $2,500 for each violation. "Whenever it appears to any person authorized by the President to exercise authority under this title that any individual or organization has engaged, is engaged, or is about to engage in any acts or practices constituting a violation of any order or regulation under this title, such person may req^uest the Attorney General to bring an action in the appropriate district court of the United States to enjoin such lacts or practices, and upon a proper showing a temporary restraining order or a preliminary or permanent injunction shall be granted without bond. Any such court may also issue mandatory injunctions commanding any person to comply with any such order or regulation. I n addition to such injunctive relief, the court may also order restitution of moneys received in violation of any such order or regulation.
 * § 209. Injunctions and other relief

••Overcharge."

"§ 210. Suits for damages or other relief " (a) Any person suffering legal wrong because of any act or practice arising out of this title, or any order or regulation issued pursuant thereto, may bring an action in a district court of the United States, without regard to the amount in controversy, for appropriate relief, including an action for a declaratory judgment, writ of injunction (subject to the limitations in section 211), and/or damages. "(b) I n any action brought under subsection (a) against any person renting property or selling goods or services who is found to have overcharged the plaintiff, the court may, in its discretion, award the plaintiff reasonable attorney's fees and costs, plus whichever of the following sums is greater: " (1) an amount not more than three times the amount of the overcharge upon which the action is based, or "(2) not less than $100 or more than $1,000; except that in any case where the defendant establishes that the overcharge was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to the avoidance of such error the liability of the defendant shall be limited to the amount of the overcharge: Provided, That where the overcharge is not willful within the meaning of section 208(a) of this title, no action for an overcharge may be brought by or on behalf of any person unless such person has first presented to the seller or renter a bona fide claim for refund of the overcharge and has not received repayment of such overcharge within ninety days from the date of the presentation of such claim. u^^^ Qv the purposes of this section, the term 'overcharge' means the amount by which the consideration for the rental of property or the sale of goods or services exceeds the applicable ceiling under regulations or orders issued under this title. "§ 211. Judicial review " (a) The district courts of the United States shall have exclusive original jurisdiction of cases or controversies arising under this title, or under regulations or orders issued thereunder, notwithstanding the amount in controversy; except that nothing in this subsection or in subsection (h) of this section affects the power of any court of competent jurisdiction to consider, hear, and determine any issue by way of defense (other than a defense based on the constitutionality of this title or the validity of action taken by any agency under this title) raised in any proceeding before such court. If in any such proceeding an issue by way of defense is raised based on the constitutionality of this title or the validity of agency action under this title, the case shall be subject to removal by either party to a district court of the United

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