text:
Page:United States Statutes at Large Volume 86.djvu/1286

 1244

PUBLIC LAW 92-574-OCT. 27, 1972

Litigation costs.

" N o i s e control requirement."

Ante,

p. 1239.

[86 STAT.

the Administrator of the Federal Aviation Administration, if not a party, may also intervene as a matter of right. (d) The court, in issuing any final order in any action brought pursuant to subsection (a) of this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such an award is appropriate. (e) Nothing in this section shall restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of any noise control requirement or to seek any other relief (including relief against an Administrator). (f) For purposes of this section, the term "noise control requirement" means paragraph (1), (2), (3), (4), or (5) of section 10(a), or a standard, rule, or regulation issued under section 17 or 18 of this Act or under section 611 of the Federal Aviation Act of 1958. RECORDS, REPORTS, A N D INFORMATION"

Confidential information. 62 Stat. 7 9 1. Disclosure.

Violations and penalties.

SEC. 13. (a) Each manufacturer of a product to which regulations under section 6 or section 8 apply shall— (1) establish and maintain such records, make such reports, provide such information, and make such tests, as the Administrator may reasonably require to enable him to determine whether such manufacturer has acted or is acting in compliance with this Act, (2) upon request of an officer or employee duly designated by the Administrator, permit such officer or employee at reasonable times to have access to such information and the results of such tests and to copy such records, and (3) to the extent required by regulations of the Administrator, make products coming off the assembly line or otherwise in the hands of the manufacturer available for testing by the Administrator. (b)(1) All information obtained by the Administrator or his representatives pursuant to subsection (a) of this section, which information contains or relates to a trade secret or other matter referred to in section 1905 of title 18 of the United States Code, shall be considered confidential for the purpose of that section, except that such information may be disclosed to other Federal officers or employees, in whose possession it shall remain confidential, or when relevant to the matter in controversy in any proceeding under this Act. (2) Nothing in this subsection shall authorize the withholding of information by the Administrator, or by any officers or employees under his control, from the duly authorized committees of the Congress. (c) Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this Act or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this Act, shall upon conviction be punished by a fine of not more than $10,000, or by imprisonment for not more than six months, or by both. RESEARCH, T E C H N I C A L ASSISTANCE, A N D P U B L I C

INFORMATION

SEC. 14. I n furtherance of his resjwnsibilities under this Act and to complement, as necessary, the noise-research programs of other Federal agencies, the Administrator is authorized to: (1) Conduct research, and finance research by contract with any person, on the effects, measurement, and control of noise, including but not limited to —....,..,,, ,., - ,. _.,, „ ...

�


text:
Page:United States Statutes at Large Volume 86.djvu/1287

 86

STAT.]

PUBLIC LAW 92-574-OCT. 27, 1972

1245

(A) investigation of the psychological and physiological effects of noise on humans and the effects of noise on domestic animals, wildlife, and property, and determination of acceptable levels of noise on the basis of such effects; (B) development of improved methods and standards for measurement and monitoring of noise, in cooperation with the National Bureau of Standards, Department of Commerce; and (C) determination of the most effective and practicable means of controlling noise emission. (2) Provide technical assistance to State and local governments to facilitate their development and enforcement of ambient noise standards, including but not limited to— (A) advice on training of noise-control personnel and on selection and operation of noise-abatement equipment; and (B) preparation of model State or local legislation for noise control. (3) Disseminate to the public information on the effects of noise, acceptable noise levels, and techniques for noise measurement and control. DEVELOPMENT OF L O W - N O I S E - E M I S S I O N PRODUCTS

SEC. 15. (a) For the purpose of this section: (1) The term "Committee" means the Low-Noise-Emission Product Advisory Committee. (2) The term "Federal Government" includes the legislative, executive, and judicial branches of the Government of the United States, and the government of the District of Columbia. (3) The term "low-noise-emission product" means any product which emits noise in amounts significantly below the levels specified in noise emission standards under regulations applicable under section 6 at the time of procurement to that type of product. (4) The term "retail price" means (A) the maximum statutory price applicable to any type of product; or (B) in any case where there is no applicable maximum statutory price, the most recent procurement price paid for any type of product. (b)(1) The Administrator shall determine which products qualify as low-noise-emission products in accordance with the provisions of this section. (2) The Administrator shall certify any product— (A) for which a certification application has been filed in accordance with paragraph (5)(A) of this subsection; (B) which is a low-noise-emission product as determined by the Administrator; and (C) which he determines is suitable for use as a substitute for a type of product at that time in use by agencies of the Federal Government. (3) The Administrator may establish a Low-Noise-Emission Product Advisory Committee to assist him in determining which products qualify as low-noise-emission products for purposes of this section. The Committee shall include the Administrator or his designee, a representative of the National Bureau of Standards, and representatives of such other Federal agencies and private individuals as the Administrator may deem necessary from time to time. Any member of the Committee not employed on a full-time basis by the United States may receive the daily equivalent of the annual rate of basic pay in effect for grade GS-18 of the General Schedule for each day such

Definitions.

Certificatic

Low-NoiseEmission Product

Advisory commit'^^' ^stabiish""ILmbership.

note?^^ ^^^^

�

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


text:
Page:The Eurypterida of New York Volume 1.pdf/436

 Rooker farm, Pithole City, Venango co., Pa. The outline is quite regularly semicircular; the posterior parts of the lateral margins slightly concave and the postlateral angles slightly produced but not into distinct mucros as in the original figure. The eyes are small (between one fourth and one fifth the length), the nodes prominent. They are separated by a distance about one half the breadth of the carapace. As in other specimens from sandy beds, the glabellalike ridge of the middle of the carapace is well preserved between the eyes and bears a distinct circular ocellar mound just back of the lateral eyes. This species is probably closely allied to.

The chance exposure of the lower side of the cephalothorax in this genus has brought out a structure which none of the material before examined has displayed and an illustration of the details of this structure is here given. In the anterior median position lies a relatively long plate resembling an inverted lyre, which is identical with the object described by Sarle and reproduced elsewhere by ourselves as the supposed "metastoma of Dolichopterus??" It is the epistoma. It is bounded by sharp sutures on the lateral margins and terminates with its bilobate portion in front of the mouth. On its posterior lobes are two sharply outlined circular scars indicating either the attachment of muscles or more probably the bases of the chelicerae. This epistoma is flanked by two semielliptic plates, the antelateral shields, which in their turn are separated by distinct sutures from the marginal shields at the sides. The latter show a clavate widening at their posterior ends. The narrow posterior doublure, which is not connected with the marginal shield, completes the system of marginal plates on the ventral side of the cephalothorax which hold the appendages and membranes in place.


text:
Page:United States Statutes at Large Volume 86.djvu/1288

 1246

PUBLIC LAW 92-574-OCT. 27, 1972

[86 STAT.

Travel expenses, member is engaged upon work of the Committee. Each member of the Committee shall be reimbursed for travel expenses, including per diem in lieu of subsistence as authorized by section 5703 of title 5, 80 Stat. 499; United States Code, for persons in the Government service employed 83 Stat. 190. intermittently. . . . (4) Certification under this section shall be effective for a period of one year from the date of issuance. (5)(A) Any person seeking to have a class or model of product certified under this section shall file a certification application in accordance with regulations prescribed by the Administrator. ^^"^"f Regis(-^) '^^® Administrator shall publish in the Federal Eegister a Federal p"°f ^" notice of each application received. ter (C) The Administrator shall make determinations for the purpose of this section in accordance with procedures prescribed by him by regulation. (D) The Administrator shall conduct whatever investigation is necessary, including actual inspection of the product at a place designated in regulations prescribed under subparagraph (A). (E) The Administrator shall receive and evaluate written comments and documents from interested persons in support of, or in oppc^ition to, certification of the class or model of product under consideration. (F) Within ninety days after the receipt of a properly filed certification application the Administrator shall determine whether such product is a low-noise-emission product for purposes of this section. If the Administrator determines that such product is a low-noise-emission product, then within one hundred and eighty days of such determination the Administrator shall reach a decision as to whether such product is a suitable substitute for any class or classes of products presently being purchased by the Federal Government for use by its agencies. Pjibiication in (G) Immediately upon making any determination or decision under Federal Regisubparagraph (F), the Administrator shall publish in the Federal ter Register notice of such determination or decision, including reasons therefor. (c)(1) Certified low-noise-emission products shall be acquired by purchase or lease by the Federal Government for use by the Federal Government in lieu of other products if the Administrator of General Services determines that such certified products have procurement costs which are no more than 125 per centum of the retail price of the least expensive type of product for which they are certified substitutes. (2) Data relied upon by the Administrator in determining that a product is a certified low-noise-emission product shall be incorporated in any contract for the procurement of such product. (d) The procuring agency shall be required to purchase available certified low-noise-emission products which are eligible for purchase to the extent they are available before purchasing any other products for which any low-noise-emission product is a certified substitute. I n making purchasing selections between competing eligible certified low-noise-emission products, the procuring agency shall give priority to any class or model which does not require extensive periodic maintenance to retain its low-noise-emission qualities or which does not involve operating costs significantly in excess of those products for which it is a certified substitute. Statutory price (e) For the purpose of procuring certified low-noise-emission w™ive"°"^' products any statutory price limitations shall be waived. Tests. (f) The Administrator shall, from time to time as he deems appropriate, test the emissions of noise from certified low-noise-emission products purchased by the Federal Government. If at any time he finds that the noise-emission levels exceed the levels on which certifi-

�


text:
Page:United States Statutes at Large Volume 86.djvu/1289

 86 STAT. ]

PUBLIC LAW 92-574-OCT. 27, 1972

cation under this section was based, the Administrator shall give the supplier of such product written notice of this finding, issue public notice of it, and give the supplier an opportunity to make necessary repairs, adjustments, or replacements. If no such repairs, adjustments, or replacements are made within a period to be set by the Administrator, he may order the supplier to show cause why the product involved should be eligible for recertification. (g) There are authorized to be appropriated for paying additional amounts for products pursuant to, and for carrying out the provisions of, this section, $1,000,000 for the fiscal year ending June 30, 1973, and $2,000,000 for each of the two succeeding fiscal years. (h) The Administrator shall promulgate the procedures required to implement this section within one hundred and eighty days after the date of enactment of this Act.

1247

Appropriation,

JUDICIAL R E VI E W; WITNESSES

SEC. 16. (a) A petition for review of action of the Administrator of the Environmental Protection Agency in promulgating any standard or regulation under section 6, 17, or 18 of this Act or any labeling regulation under section 8 of this Act may be filed only in the United States Court of Appeals for the District of Columbia Circuit, and a petition for review of action of the Administrator of the Federal Aviation Administration in promulgating any standard or regulation under section 611 of the Federal Aviation Act of 1958 may be filed only in such court. Any such petition shall be filed within ninety days from the date of such promulgation, or after such date if such petition is based solely on grounds arising after such ninetieth day. Action of either Administrator with respect to which review could have been obtained under this subsection shall not be subject to judicial review in civil or criminal proceedings for enforcement. (b) If a party seeking review under this Act applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that the information is material and was not available at the time of the proceeding before the Administrator of such Agency or Administration (as the case may be), the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before such Administrator, and to be adduced upon the hearing, in such manner and upon such terms and conditions as the court may deem proper. Such Administrator may modify his findings as to the facts, or make new findings, by reason of the additional evidence so taken, and he shall file with the court such modified or new findings, and his recommendation, if any, for the modification or setting aside of his original order, with the return of such additional evidence. (c) With respect to relief pending review of an action by either Administrator, no stay of an agency action may be granted unless the reviewing court determines that the party seeking such stay is (1) likely to prevail on the merits in the review proceeding and (2) will suffer irreparable harm pending such proceeding. (d) For the purpose of obtaining information to carry out this Act, the Administrator of the Environmental Protection Agency may issue subpenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and he may administer oaths. Witnesses summoned shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. In cases of contumacy or refusal to obey a subpena served upon any person under this subsection, 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 United States and after notice to such person,

Ante, p. 1239

Subpenas.

�


text:
Page:United States Statutes at Large Volume 86.djvu/1290

 1248

PUBLIC LAW 92-574-OCT. 27, 1972

[86 STAT.

shall have jurisdiction to issue an order requiring such person to appear and give testimony before the Administrator, to appear and produce papers, books, and documents before the Administrator, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof. RAILBOAD N O I S E E M I S S I O N STANDARDS Regulations.

27 Stat. 531.

45 USC 1. 24 Stat. 49 USC note. 80 Stat. 49 USC note.

379. prec. 1 931. 1651

SEC. 17. (a)(1) Within nine months after the date of enactment of this Act, the Administrator shall publish proposed noise emission regulations for surface carrier's engaged in interstate commerce by railroad. Such proposed regulations shall include noise emission standards setting such limits on noise emissions resulting from operation of the equipment and facilities of surface carriers engaged in interstate commerce by railroad which reflect the degree of noise reduction achievable through the application of the best available technology, taking into account the cost of compliance. These regulations shall be in addition to any regulations that may be proposed under section 6 of this Act. (2) Within ninety days after the publication of such regulations as may be proposed under paragraph (1) of this subsection, and subject to the provisions of section 16 of this Act, the Administrator shall promulgate final regulations. Such regulations may be revised, from time to time, in accordance with this subsection. (3) Any standard or regulation, or revision thereof, proposed under this subsection shall be promulgated only after consultation with the Secretary of Transportation in order to assure appropriate consideration for safety and technological availability. (4) Any regulation or revision thereof promulgated under this subsection shall take effect after such period as the Administrator finds necessary, after consultation with the Secretary of Transportation, to permit the development and application of the requisite technology, giving appropriate consideration to the cost of compliance within such period. (b) The Secretary of Transportation, after consultation with the Administrator, shall promulgate regulations to insure compliance with all standards promulgated by the Administrator under this section. The Secretary of Transportation shall carry out such regulations through the use of his powers and duties of enforcement and inspection authorized by the Safety Appliance Acts, the Interstate Commerce Act, and the Department of Transportation Act. Regulations promulgated under this section shall be subject to the provisions of sections 10,11,12, and 16 of this Act. (c)(1) Subject to paragraph (2) but notwithstanding any other provision of this Act, after the effective date of a regulation under this section applicable to noise emissions resulting from the operation of any equipment or facility of a surface carrier engaged in interstate commerce by railroad, no State or political subdivision thereof may adopt or enforce any standard applicable to noise emissions resulting from the operation of the same equipment or facility of such carrier unless such standard is identical to a standard applicable to noise emissions resulting from such operation prescribed by any regulation under this section. (2) Nothing in this section shall diminish or enhance the rights of any State or political subdivision thereof to establish and enforce standards or controls on levels of environmental noise, or to control, license, regulate, or restrict the use, operation, or movement of any product if the Administrator, after consultation with the Secretary of Transportation, determines that such standard, control, license, regulation, or restriction is necessitated by special local conditions and is not in conflict with regulations promulgated under this section.

�


text:
Page:United States Statutes at Large Volume 86.djvu/1291

 86 STAT.]

PUBLIC LAW 92-574-OCT. 27, 1972

(d) The terms "carrier" and "railroad" as used in this section shall have the same meaning as such terms have under the first section of the Act of February 17, 1911 (45 U.S.C. 22). MOTOR CARRIER

XOISE E M I S S I O N

1249

36 Stat. 913; 43 Stat. 659.

STANDARDS

SEC. 18. (a)(1) Within nine months after the date of enactment of this Act, the Administrator shall publish proposed noise emissioii regulations for motor carriers engaged in interstate commerce. Such proposed regulations shall include noise emission standards setting such limits on noise emissions resulting from operation of motor carriers engaged in interstate commerce which reflect the degree of noise reduction achievable through the application of the best available technology, taking into account the cost of compliance. These regulations shall be in addition to any regulations that may be proposed under section 6 of this Act. (2) Within ninety days after the publication of such regulations as may be proposed under paragraph (1) of this subsection, and subject to the provisions of section 16 of this Act, the Administrator shall promulgate final regulations. Such regulations may be revised from time to time, in accordance with this subsection. (3) Any standard or regulation, or revision thereof, proposed under this subsection shall be promulgated only after consultation with the Secretary of Transportation m order to assure appropriate consideration for safety and technological availability. (4) Any regulation or revision thereof promulgated under this subsection shall take effect after such period as the Administrator finds necessary, after consultation with the Secretary of Transportation, to permit the development and application of the requisite technology, giving appropriate consideration to the cost of compliance within such period. (b) The Secretary of Transportation, after consultation with the Administrator shall promulgate regulations to insure compliance with all standards promulgated by the Administrator under this section. The Secretary of Transportation shall carry out such regulations through the use of his powers and duties of enforcement and inspection authorized by the Interstate Commerce Act and the Department of Transportation Act. Regulations promulgated under this section shall be subject to the provisions of sections 10, 11, 12, and 16 of this Act. (c)(1) Subject to paragraph (2) of this subsection but notwithstanding any other provision of this Act, after the effective date of a regulation under this section applicable to noise emissions resulting from the operation of any motor carrier engaged in inter-state commerce, no State or political subdivision thereof may adopt or enforce any standard applicable to the same operation of such motor carrier, unless such standard is identical to a standard applicable to noise emissions resulting from such operation prescribed by any regulation under this section. (2) Nothing in this section shall diminish or enhance the rights of any State or political subdivision thereof to establish and enforce standards or controls on levels of environmental noise, or to control, license, regulate, or restrict the use, operation, or movement of any product if the Administrator, after consultation with the Secretary of Transportation, determines that such standard, control, license, regulation, or restriction is necessitated by special local conditions and is not in conflict with regulations promulgated under this section. (d) For purposes of this section, the term "motor carrier" includes a common carrier by motor vehicle, a contract carrier by motor vehicle,

Regulations.

24 Stat. 49 USC 1 note. 80 Stat. 49 USC note.

379. prec. 931. 1651

'Motor carrier.'*

�


text:
Page:United States Statutes at Large Volume 86.djvu/1292

 1250

49 Stat. 545; 54 Stat. 920; 71 Stat. 4 1 1.

PUBLIC LAW 92-575-OCT. 27, 1972

[86

STAT.

and a private carrier of property by motor vehicle as those terms are defined by paragraphs (14), (15), and (17) of section 203(a) of the Interstate Commerce Act (49 U.S.C. 303 (a)). AUTHORIZATION OF APPROPRIATIONS

SEC. 19. There is authorized to be appropriated to carry out this Act (other than section 15) $3,000,000 for the fiscal year ending June 30, 1973; $6,000,000 for the fiscal year ending June 30, 1974; and $12,000,000 for the fiscal year ending June 30, 1975. Approved October 27, 1972.

Public Law 92-575 October 27, 1972 [H. R.13396]

Delaware Water Gap National Recreation Area. Appropriation. 16 USC 460O-7.

42 USC 4601 note. Frank W. Whitenack, land conveyance.

AN ACT To authorize a n increase in land acquisition funds for the Delaware W a t e r Gap National Recreation Area, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 8 of the Act of September 1, 1965 (79 Stat. 612, 614), is amended by deleting the figure "$37,412,000" in the first sentence and substituting in lieu thereof the figure "$65,000,000". SEC. 2. That section 2 of the Act of September 1, 1965 (79 Stat. 612) is amended by adding at the end thereof the following: Provided, further, That whenever an owner of property elects to retain a right of use and occupancy pursuant to this Act, such owner shall be deemed to have waived any benefits or rights under the Uniform Relor«ation Assistance and Real Property Acquisition Policies Act of 1970 (84 Stat. 1894)." SEC. 3. (a) That the Secretary of the Interior is authorized and directed to issue, subject to the provisions of this section, to Frank W. Whitenack of Georgetown, Colorado, a patent in fee (exclusive of oil, gas, and other mineral rights) to the following described tract of land, situated in the vicinity of Georgetown, Colorado: Beginning at a stake at corner numbered 1, whence the northeast comer section 5, township 4 south, range 74 west, sixth principal meridian bears north 29 degrees 57 minutes west 761.7 feet, thence east 279.7 feet to corner numbered 2, thence south 176.0 feet to corner numbered 3, thence south 82 degrees 16 minutes west 200.5 feet to corner numbered 4 which is also corner numbered 1, survey numbered 18737, Dora Lode, thence south 7 degrees 44 minutes east 150 feet to corner numbered 5. which is also comer numbered 4, survey numbered 18737 Dora Lode, thence north 82 degrees 16 minutes east 180.1 feet to corner numbered 6, thence south 992.6 feet to corner numbered 7, thence west 660 feet to corner numbered 8, thence north 502 feet to corner numbered 9, thence south 60 degrees 20 minutes east 119.4 feet to corner numbered 10, which is also comer numbered 3 survey numbered 408 Mills Placer, thence north 17 degrees 30 minutes east 919.7 feet to the place of beginning. (b) The patent in fee authorized by this Kct shall be issued subject to the payment by the said Frank W. Whitenack to the Secretary of the Interior of an amount equal to the fair market value of the property conveyed as determined by the Secretary after appraisal, exclusive of improvements placed thereon by Frank W. Whitenack and his grantees. Approved October 27, 1972.

�


text:
Page:United States Statutes at Large Volume 86.djvu/1293

 86 STAT. ]

PUBLIC LAW 92-576-OCT. 27, 1972

1251

Public Law 92-576 AN ACT To amend the Longshoremen's and Harbor Workers' Comijensation Acty and for other purposes.

October 27, 1972 [S. 2318]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may L o n g s h o r e m e n ' s and Harbor be cited as the "Longshoremen's and Harbor Workers' Compensa- workers'"compen.. sation Act tion Act Amendments of 1972" Amendments of 1972.

COVERAGE

SEC. 2. (a) Section 2(3) of the Longshoremen's and Harbor Workers' Compensation Act (44 Stat. 1424, 33 U.S.C. 902) is amended to read as follows: "(3) The term 'employee' means any person engaged in maritime employment, including any longshoreman or other person engaged in longshoring operations, and any harborworker including a ship repairman, shipbuilder, and shipbreaker, but such term does not include a master or member of a crew of any vessel, or any person engaged by the master to load or unload or repair any small vessel under eighteen tons net." (b) Section 2(4) of such Act is amended by striking out "(including any dry dock)" and inserting in lieu thereof "(including any adjoining pier, wharf, dry dock, terminal, building way, marine railway, or other adjoining area customarily used by an employer in loading, unloading, repairing, or building a vessel)". (c) Section 3(a) of such Act is amended by striking out "(including any dry dock) and if recovery for the disability or death through workmen's compensation proceedings may not validly be provided by State law", and inserting in lieu thereof "(including any adjoining pier, wharf, dry dock, terminal, building way, marine railway, or other adjoining area customarily used by an employer in loading, unloading, repairing, or building a vessel)".

Definitions,

44 Stat. 1426. 33 USC 9 0 3.

STUDENT BENEFITS

SEC. 3. (a) Section 2 of the Longshoremen's and Harbor Workers' Compensation Act is amended by redesignating paragraph (19) as paragraph (20) and adding a new paragraph (19) as follows: "(19) The term 'student' means a person regularly pursuing a fulltime course of study or training at an institution which is— " (A) a school or college or university operated or directly supported by the United States, or by any State or local government or political'subdivision thereof, ' (B) a school or college or university which has been accredited by a State or by a State recognized or nationally recognized accrediting agency or body, " (C) a schoolor college or university not so accredited but w-hose credits are accepted, on transfer, by not less than three institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited, or " (D) an additional type of educational or training institution as defined by the Secretary, but not after he reaches the age of twenty-three or has completed four years of education beyond the high school level, except that, where his twenty-third birthday occurs during a semester or other enrollment period, he shall continue to be considered a student until the end of such semester or other enrollment period. A child shall not be deemed

Definitions.

�


text:
Page:United States Statutes at Large Volume 86.djvu/1294

 1252

PUBLIC LAW 92-576-OCT. 27, 1972

f -

52 Stat. 1164. 33 USC 902.

to have ceased to be a student during any interim between school years if the interim does not exceed five months and if he shows to the satisfaction of the Secretary that he has a bona fide intention of continuing to pureue a full-time course of education or training during the semester or other enrollment period immediately following the interim or during periods of reasonable duration during which, in the judgment of the Secretary, he is prevented by factors beyond his control from pursuing his education. A child shall not be deemed to be a student under this Act during a period of service in the Armed Forces of the United States." (b) The last sentence of section 2(14) of such Act is amended to read as follows: " 'Child', 'grandchild', 'brother', and 'sister' include only a person who is under eighteen years of age, or who, though eighteen years of age or over, is (1) wholly dependent upon the employee and incapable of self-support by reason of mental or physical disability, or (2) a student as defined in paragraph (19) of this section." T I M E FOR C O M M E N C E M E N T OF

70 Stat. 654. 33 USC 906.

,_

,

Post, p. 1258.

5 USC 5332 "°'^"

COMPENSATION

SEC. 4. Section 6(a) of the Longshoremen's and Harbor Workers' Compeusation Act is amended by striking out "more than twenty-eight days" and inserting in lieu thereof "more than fourteen days". MAXIMUM

7 5 Stat. 203.

[86 STAT.

AND

MINIMUM

L I M I T S OF DISABILITY ALLOWANCE

COMPENSATION

AND

SEC. 5. (a) Section 6 of the Longshoremen's and Harbor Workers' Compeiisation Act is amended by striking out subsection (b) and inserting in lieu thereof the following new subsections: " (b)(1) Except as provided in subsection (c), compensation for disability shall not exceed the following percentages of the applicable national average M'eekly wage as determined by the Secretary under paragraph (3): " (A) 125 per centum or $167, whichever is greater, during the period ending September 30, 1973. " (B) 150 per centum during the period beginning October 1, 1973, and ending September 30, 1974. " (C) 175 per centum during the period beginning October 1, 1974, and ending September 30, 1975. "(1)) 200 per centum beginning October 1, 1975. "(2) Compensation for total disability shall not be less than 50 per centum of the applicable national average weekly wage determined by the Secretary under paragraph (3), except that if the employee's average weeklv wages as computed under section 10 are less than 50 per centum of such national average weekly wage, he shall receive his average weekly wages as compensation for total disability. "(3) As soon as practicable after June 30 of each year, and in any event prior to October 1 of such year, the Secretary shall determine the national average weekly wage for the three consecutive calendar quarters ending June 30. Such determination shall be the applicable national average weekly wage for the period beginning with October 1 of that year and ending with September 30 of the next year. The initial determination under this paragraph shall be made as soon as practicable after the enactment of this subsection. "(c) The maximum rate of compensation for a nonappropriated fund instrumentality employee shall be equal to 66% per centum of the maximum rate of basic pay established for a Federal employee in grade GS-12 by section 5332 of title 5, United States Code, and the minimum rate of compensation for such an employee shall be

�


text:
Page:United States Statutes at Large Volume 86.djvu/1295

 86 STAT. ]

PUBLIC LAW 92-576-OCT. 27, 1972

equal to 66% per centum of the minimum rate of basic pay established for a Federal employee in grade GS-2 by such section. " (d) Determinations under this subsection with respect to a period shall apply to employees or survivors currently receiving compensation for permanent total disability or death benefits during such period, as well as those newly awarded compensation during such period." (b) Section 2 of such Act as amended by this Act is further amended by redesignating paragraph (20) thereof as paragraph (21) and by inserting immediately after paragraph (19) the following: "(20) The term 'national average weekly wage' means the national average weeklj^ earnings of production or nonsupervisory workers on private nonagricultural payrolls." (c) Section 8(d) of such Act is amended to read as follows: " (d)(1) If an employee who is receiving compensation for permanent partial disability pursuant to section 8(c)(l) - ( 2 0) dies from causes other than the injury, the total amount of the award unpaid at the time of death shall be payable to or for the benefit of his survivors, as follows: " (A) if the employee is survived only by a widow or widower, svich unpaid amount of the award shall be payable to such widow or widower, " (B) if the employee is survived only by a child or children, such unpaid amount of the award shall be paid to such child or children in equal shares, " (C) if the employee is survived by a widow or widower and a child or children, such unpaid amount of the award shall be payable to such survivors in equal shares, " (D) if there be no widow or widower and no surviving child or children, such unpaid amount of the award shall be paid to the survivors specified in section 9(d) (other than a wife, husband, or child); and the amount to be paid each such survivor shall be determined by multiplying such unpaid amount of the award by the appropriate percentage specified in section 9(d), but if the aggregate amount to which all such survivors are entitled, as so determined, is less than such unpaid amount of the award, the excess amount shall be divided among such survivors pro rata according to the amount otherwise payable to each under this subparagraph. "(2) Notwithstanding any other limitation in section 9, the total amount of any award for permanent partial disability pursuant to section 8(c)(l) - ( 2 0) unpaid at time of death shall be payable in full in the appropriate distribution. "(3) If an employee who was receiving compensation for permanent partial disability pursuant to section 8(c) (21) dies from causes other than the injury, his survivors shall receive death benefits as provided in section 9(b) - (g), except that the percentage figures therein shall be applied to the weekly compensation payable to the employee at the time of his death multiplied by 1.5, rather than to his average weekly wages. "(4) An award for disability may be made after the death of the injured employee. Except where compensation is payable under section 8(c) (21), if there be no survivors as prescribed in this section, then the compensation payable under this subsection shall be paid to the special fund established under section 44(a) of this Act." (d) The first phrase of section 9 of such Act, preceding the first colon, is amended to read as follows: "If the injury causes death, or if the employee who sustains permanent total disability due to the injury thereafter dies from causes

1253 s use 5332 "°*^'

^"'^' ^' ^^^^• "National aver^^gj^f.^''^^ "" s^^t. 1429. ^^ "^^ ^°^' 44 Stat. 1427; p°of^'^*" ^/2^5'5

P°^^' P- 1258.

- • H 12^8^''^^'^^^^'

Post,

p. 1256,

^^ ^sc 909.

�


text:
Page:United States Statutes at Large Volume 86.djvu/1296

 1254

75 Stat. 203. 33 USC 914.

PUBLIC LAW 92-576-OCT. 27, 1972

[86

STAT.

other than the injury, the compensation shall be known as a death benefit and shall be payable in the amount and to or for.the benefit of the persons following:" (e) Section 14 of such Act is amended by striking out subsection (m). MEDICAL SERVICES

74 Stat. 900. 33 USC 907.

SEC. 6. (a) Section 7 of the Longshoremen's and Harbor Workers' Compensation Act is amended to read as follows: MEDICAL SERVICES AND SUPPLIES

Physician, selection.

Authorized physicians.

Report.

"SEC. 7. (a) The employer shall furnish such medical, surgical, and other attendance or treatment, nurse and hospital service, medicine, crutches, and apparatus, for such period as the nature of the injury or the process of recovery may require. "(b) The employee shall have the right to choose an attending physician authorized by the Secretary to provide medical care under this Act as hereinafter provided. If, due to the nature of the injury, the employee is unable to select his physician and the nature of the injury requires immediate medical treatment and care, the employer shall select a physician for him. The Secretary shall actively supervise the medical care rendered to injured employees, shall require periodic reports as to the medical care being rendered to injured employees, shall have authority to determine the necessity, character, and sufficiency of any medical aid furnished or to be furnished, and may, on his own initiative or at the request of the employer, order a change of physicians or hospitals when in his judgment such change is desirable or necessary in the interest of the employee. Change of physicians at the request of employees shall be permitted in accordance with regulations of the Secretary. "(c) The Secretary may designate the physicians who are authorized to render medical care under the Act. The names of physicians so designated in the community shall be made available to employees through posting or in such other form as the Secretary may prescribe. " (d) An employee shall not be entitled to recover any amount expended by him for medical or other treatment or services unless he shall have requested the employer to furnish such treatment or services, or to authorize provision of medical or surgical services by the physician selected by the employee, and the employer shall have refused or neglected to do so, or unless the nature of the injury required such treatment and services and the employer or his superintendent or foreman having knowledge of such injury shall have neglected to provide or authorize the same; nor shall any claim for medical or surgical treatment be valid and enforceable, as against such employer, unless within ten days following the first treatment the physician giving such treatment furnish to the employer and the Secretary a report of such injury and treatment, on a form prescribed by the Secretary. The Secretary may, however, excuse the failure to furnish such report within ten days when he finds it to be in the interest of justice to do so, and he may, upon application by a party in interest, make an award for the reasonable value of such medical or surgical treatment so obtained by the employee. If at any time the employee unreasonably refuses to submit to medical or surgical treatment, or to an examination by a physician selected by the employer, the Secretary may, by order, suspend the payment of further compensation during such time as such refusal continues, and no compensation shall be paid at any time during the period of such suspension, unless the circumstances justified the refusal. , ,,,

�


text:
Page:United States Statutes at Large Volume 86.djvu/1297

 86

STAT.]

PUBLIC LAW 92-576-OCT. 27, 1972

1255

Physical "(e) I n the event that medical questions are raised in any case, the examination. Secretary shall have the power to cause the employee to be examined by a physician employed or selected by the Secretary and to obtain from such physician a report containing his estimate of the employee's physical impairment and such other information as may be appropriate. Any party who is dissatisfied with such report may request a Review. review or rexamination of the employee by one or more different physicians employed or selected by the Secretary. The Secretary shall order such review or rexamination unless he finds that it is clearly unwarranted. Such review or rexamination shall be completed within two weeks from the date ordered unless the Secretary finds that because of extraordinary circumstances a longer period is required. The Secretary shall have the power in his discretion to charge the cost of examination or review under this subsection to the employer, if he is a self-insurer, or to the insurance company which is carrying the risk, Post, p. 1256. in appropriate cases, or to the special fund in section 44. "(f) An employee shall submit to a physical examination under subsection (e) at such place as the Secretary may require. The place, or places, shall be designated by the Secretary and shall be reasonably convenient for the employee. No physician selected by the employer, carrier, or employee shall be present at or participate in any manner in such examination, nor shall conclusions of such physicians as to the nature or extent of impairment or the cause of impairment be available to the examining physician unless otherwise ordered, for good cause, by the Secretary. Such employer or carrier shall, upon request, be entitled to have the employee examined immediately thereafter and upon the same premises by a qualified physician or physicians in the presence of such physician as the employee may select, if any. Proceedings shall be suspended and no compensation shall be payable for any period during which the employee may refuse to submit to examination. " (g) All fees and other charges for medical examinations, treatment, or service shall be limited to such charges as prevail in the community for such treatment, and shall be subject to regulation by the Secretary. The Secretary shall issue regulations limiting the Regulations. nature and extent of medical expenses chargeable against the employer without authorization by the employer or the Secretary. Third party " (h) The liability of an employer for medical treatment as herein liability. provided shall not be affected by the fact that his employee was injured through the fault or negligence of a third party not in the same employ, or that suit has been brought against such third party. The employer shall, however, have a cause of action against such third party to recover any amounts paid by him for such medical treatPost, p. 1262. ment in like manner as provided in section 33(b) of this Act. " (i) Unless the parties to the claim agree, the Secretary shall not employ or select any physician for the purpose of making examinations or reviews under subsection (e) of this section who, during such employment, or during the period of two years prior to such employment, has been employed by, or accepted or participated in any fee relating to a workmen's compensation claim from any insurance carrier or any self-insurer." DISFIGUREMENTS

SEC. 7. Section 8(c) (20) of the Longshoremen's and Harbor Workers' Compensation Act is amended to read as follows: "(20) Disfigurement: Proper and equitable compensation not to exceed $3,500 shall be awarded for serious disfigurement of the face, head, or neck or of other normally exposed areas likely to handicap the employee in securing or maintaining employment."

44 Stat. 1428. 33 USC 908.

�


text:
Page:United States Statutes at Large Volume 86.djvu/1298

 1256

PUBLIC LAW 92-576-OCT. 27, 1972

[86 STAT.

SPECIAL FUND 44 Stat. 1444; 70 Stat. 656. 33 USC 944.

Payments.

Records, availability; investigations.

Recordkeeping.

38 Stat. 7 22. Appropriation.

Repayment.

SEC, 8. (a) Section 44(a) of the Longshoremen's and Harbor Workers' Compensation Act is amended by adding a period after the word "fund" in the first sentence thereof and deleting the remainder of the sentence. (b) Section 44 of such Act is further amended by redesignating subsections (d), (e), (f), and (g) as (f), (g), (h), and (i), respectively and by striking out subsection (c) and inserting in lieu thereof the following: "(c) Payments into such fund shall be made as follows: "(1) Whenever the Secretary determines that there is no person entitled under this Act to compensation for the death of an employee which would otherwise be compensable under this Act, the appropriate employer shall pay $5,000 as compensation for the death of such an employee. "(2) At the beginning of each calendar year the Secretary shall estimate the probable expenses of the fund during that calendar year and each carrier or self-insurer shall make payments into the fund on a prorated assessment by the Secretary in the proportion that the total compensation and medical payments made on risks covered by this Act by each carrier and self-insurer bears to the total of such payments made by all carriers and self-insurers under the Act in the prior calendar year in accordance with a formula and schedule to be determined from time to time by the Secretary to maintain adequate reserves in the fund. " (3) All amounts collected as fines and penalties under the provisions of this Act shall be paid into such fund. " (d)(1) For the purpose of making rules, regulations, and determinations under this section under and for providing enforcement thereof, the Secretary may investigate and gather appropriate data from each carrier and self-insurer. For that purpose, the Secretary may enter and inspect such places and records (and make such transcriptions thereof), question such employees, and investigate such facts, conditions, practices, or matters as he may deem necessary or appropriate. "(2) Each carrier and self-insurer shall make, keep, and preserve such records, and make such reports and provide such additional information, as prescribed by regulation or order of the Secretary, as the Secretary deems necessary or appropriate to carry out his responsibilities under this section. "(3) For the purpose of any hearing or investigation related to determinations or the enforcement of the provisions of this section, the provisions of sections 9 and 10 (relating to the attendance of witnesses and the production of books, papers, and documents) of the Federal Trade Commission Act of September 16, 1914, as amended (U.S.C., title 15, secs. 49 and 50), are hereby made applicable to the Jurisdiction, powers, and duties of the Secretary of Labor. "(e) There is hereby authorized to be appropriated to the Secretary the sum of $2,000,000 which the Secretary shall immediately deposit into the fund. Upon deposit in the fund such moneys shall be treated as the property of such fund. This sum, without additional payments for interest, shall be repaid from the money or property belonging to the fund on a schedule of repayment set by the Secretary: Provided, That full repayment must be made no later than five years from the date of deposit into the fund. Each such repayment, as made, shall be covered into the Treasury of the United States as miscellaneous receipts." (d) Section 44 of such Act is further amended by adding the following new subsections (j) and (k):

�


text:
Author:Hans Adolf Eduard Driesch

Works

 * The science and philosophy of the organism; the Gifford lectures, 1908 vol 1, vol 2
 * The problem of individuality, 1914 external scan
 * Mind And Body, 1927 external scan
 * (Physiology of Development)

title: Author:Hans Adolf Eduard Driesch


text:
Page:United States Statutes at Large Volume 86.djvu/1299

 86 STAT. ]

12iS7

PUBLIC LAW 92-576-OCT. 27, 1972

" (j) The proceeds of this fund shall be avaihible for payments: "(1) jPursuant to section 10 and 11 with respect to initial and subsequent annual adjustments in compensation for total permanent disability or death which occurred prior to the effective date of this subsection. "(2) Under section 8(f) and (g), under section 18(b), and under section 39(c). "(3) To repay the sums deposited in the fund pursuant to subsection (d). " (4) To defray the expense of making examinations as provided in section 7. " (k) At the close of each fiscal year the Secretary shall submit to the Congress a complete audit of the fund." I N J U R Y F O L L O W I N G PREVIOUS

70 Stat. 655, 656. 33 USC 908,913, 939, Ante, p. 1254. Audit.

IMPAIRMENT

SEC. 9. (a) Section 8(f)(1) of the Longshoremen's and Harbor Workers' Compensation Act is amended to read as follows: "(1) I n any case in which an employee having an existing permanent partial disability suffers injury, the employer shall provide compensation for such disability as is found to be attributable to that injury based upon the average weekly wages of the employee at the time of the injury. If following an injury falling within the provisions of section 8(c)(1) - ( 2 0), the employee is totally and permanently disabled, and the disability is found not to be due solely to that injury, the employer shall provide compensation for the applicable prescribed period of weeks provided for in that section for the subsequent injury, or for one hundred and four weeks, whichever is the greater. I n all other cases of total permanent disability or of death, found not to be due solely to that injury, of an employee having an existing permanent partial disability, the employer shall provide in addition to compensation under paragraphs (b) and (e) of this section, compensation payments or death benefits for one hundred and four weeks only. If following an injury falling within the provisions of 8(c)(l) - ( 2 0), the employee has a permanent partial disability and the disability is found not to be due solely to that injury, and such disability is materially and substantially greater than that which would have resulted from the subsequent injury alone, the employer shall provide compensation for the applicable period of weeks provided for in that section for the subsequent injury, or for one hundred and four weeks, whichever is the greater. " I n all other cases in which the employee has a permanent partial disability, found not to be due solely to that injury, and such disability is materially and substantially greater than that which would have resulted from the subsequent injury alone, the employer shall provide in addition to compensation under paragraphs (b) and (e) of this section, compensation for one hundred and four weeks only. (2) After cessation of the payments for the period of weeks provided for herein, the employee or his survivor entitled to benefits shall be paid the remainder of the compensation that would be due out of the special fund established in section 44." (b) Section 8(f) of such Act is further amended by striking out paragraph (2). DEATH

44 Stat. 1431; 6 2 Stat. 6 0 3. 33 USC 910,911.

33 USC 908.

70 Stat. 655; Ante, p. 1255.

Ante,

p. 1256.

BENEFITS

SEC. 10. (a) Section 9(a) of the Act is amended by striking out "$400" and inserting in lieu thereof "$1,000". (b) Sections 9(b) and (c) of such Act are amended by striking "35" and "15" wherever they appear, and substituting "50" and "16%" respectively.

62 Stat. 602. 33 USC 909.

�


text:
Page:United States Statutes at Large Volume 86.djvu/1300

 1258 52 Stat. 1166. 33 USC 909.

68A Stat. 43; 83 Stat. 7 22.

75 Stat. 203. Ante, p. 1252.

44 Stat. 1431; 62 Stat. 603. 33 USC 910.

PUBLIC LAW 92-576-OCT. 27, 1972

[86 STAT.

(c) The first seiiteiioe of section 9(d) of such Act is amended to j.pg^^ j^g follows: "If there be no surviving wife or husband or child, or if the amount payable to a surviving wife or husband and to children shall be less m the aggregate than 66% per centum of the average wages of the deceased; then for the support of grandchildren or brothers and sisters, if dependent upon the deceased at the time of the injury, and any other persons who satisfy the definition of the term 'dependent' in section 152 of title 26 of the United States Code, but ^j.^ j^^^ otherwisc eligible under this section, 20 per centum of such wages for the support of each such person during such dependency and for the support of each parent, or grandparent, of the deceased if dependent upon him at the time of the injury, 25 per centum of such wages during such dependency." ((J) Section 9(e) of such Act is amended to read as follows: "(e) In computing death benefits the average weekly wages of the deceased shall be considered to have been not less than the applicable national average weekly wage as prescribed in section 6(b) but the total weekly benefits shall not exceed the average weekly wages of the deceased." DETERMINATION OF PAY gg^^ n^ Section 10 of the Act is amended by adding the following U i.' J & & ^i®w subsections: "(f) Effective October 1 of each year, the compensation or death benefits payable for permanent total disability or death arising out of injuries sustained after the date of enactment of this subsection shall be increased by a percentage equal to the percentage (if any) by which the applicable national weekly wsi^e for the period beginning on such October 1, as determined under section 6(b), exceeds the applicable national average weekly wage, as so determined, for the period beginning with the preceding October 1. " (g) The weekly compensation after adjustment under subsection (f) shall be fixed at the nearest dollar. No adjustment of less than $1 shall be made, but in no event shall compensation or death benefits be reduced. " (h)(1) Not later than ninety days after the date of enactment of this subsection, the compensation to which an employee or his survivor is entitled due to total permanent disability or death which commenced or occurred prior to enactment of this subsection shall be adjusted. The amount of such adjustment shall be determined in accordance with regulations of the Secretary by designating as the employee's average weekly wage the applicable national average weekly wage determined under section 6(b) and (A) computing the compensation to which such employee or survivor would be entitled if the disabling injury or death had occurred on the day following such enactment date and (B) subtracting therefrom the compensation to which such employee or survivor was entitled on such enactment date; except that no such employee or survivor shall receive total compensation amounting to less than that to which he was entitled on such enactment date. Notwithstanding the foregoing sentence, where such an employee or his survivor was awarded compensation as the result of death or permanent total disability at less than the maximum rate that was provided in this Act at the time of the injury which resulted in the death or disability, then his average weekly wage shall be determined by increasing his average weekly wage at the time of such injury by the percentage which the applicable national average weekly wage has increased between the year in which the injury occurred and the first day of the first month following the enactment of this section. Where

�


text:
Page:United States Statutes at Large Volume 86.djvu/1301

 86 STAT. ]

PUBLIC LAW 92-576-OCT. 27, 1972

such injury occurred prior to 1947, the Secretary shall determine, on the basis of such economic data as he deems relevant, the amount by which the employee's average weekly wage shall be increased for the pre-1947 period. "(2) Fifty per centum of any additional compensation or death benefit paid as a result of the adjustment required by paragraphs (1) and (3) of this subsection shall be paid out of the special fund established under section 44 of this Act, and 50 per centum shall be paid from appropriations. "(3) For the purposes of subsections (f) and (g) an injury which resulted in permanent total disability or death which occurred prior to the date of enactment of this subsection shall be considered to have occurred on the day following such enactment date."

1259

Ante, p. 1256.

TIME FOR NOTICE AND CLAIMS

SEC. 12. (a) Section 12(a) of the Longshoremen's and Harbor Workers' Compensation Act is amended to read as follows: "SEC. 12. (a) Notice of an injury or death in respect of which compensation is payable under this Act shall be given within thirty days after the date of such injury or death, or thirty days after the employee or beneficiary is aware or in the exercise of reasonable diligence should have been aware of a relationship between the injury or death and the employment. Such notice shall be given (1) to the deputy commissioner in the compensation district in which the injury occurred, and (2) to the employer." (b) Section 13(a) of such Act is amended to read as follows: "SEC. 13. (a) Except as otherwise provided in this section, the right to compensation for disability or death under this Act shall be barred unless a claim therefore is filed within one year after the injury or death. If payment of compensation has been made without an award on account of such injury or death, a claim may be filed within one year after the date of the last payment. Such claim shall be filed with the deputy commissioner in the compensation district in which such injury or death occurred. The time for filing a claim shall not begin to run until the employee or beneficiary is aware, or by the exercise of reasonable diligence should have been aware, of the relationship between the injury or death and the employment."

44 Stat. 1431. 33 USC 912.

33 USC 913.

FEES FOR SERVICES

SEC. 13. Section 28 of the Longshoremen's and Harbor Workers' Compensation Act is amended to read as follows: il

33 USC 928.

FEES FOR SERVICES

"SEC. 28. (a) If the employer or carrier declines to pay any compensation on or before the thirtieth day after receiving written notice of a claim for compensation having been filed from the deputy commissioner, on the ground that there is no liability for compensation within the provisions of this Act, and the person seeking benefits shall thereafter have utilized the services of an attorney at law in the successful prosecution of his claim, there shall be awarded, in addition to the award of compensation, in a compensation order, a reasonable attorney's fee against the employer or carrier in an amount approved by the deputy commissioner. Board, or court, as the case may be, which shall be paid directly by the employer or carrier to the attorney for the claimant in a lump sum after the compensation order becomes final.

Attorney's fee.

�


text:
Page:United States Statutes at Large Volume 86.djvu/1302

 1260

44 Stat. 1432. 33 USC 914.

Ante, p. 1254.

Approval; payment.

Costs, witnesses' fees.

Unapproved fees, solicitation, penalty.

PUBLIC LAW 92-576-OCT. 27, 1972

[86 STAT.

"(b) If the employer or carrier pays or tenders payment of compensation without an award pursuant to section 14(a) and (b) of this Act, and thereafter a controversy develops over the amount of additional compensation, if any, to which the employee may be entitled, the deputy commissioner or Board shall set the matter for an informal conference and following such conference the deputy commissioner oi' Board shall recommend in writing a disposition of the controversy. If the employer or carrier refuse to accept such written recommendation, within fourteen days after its receipt by them, they shall pay or tender to the employee in writing the additional compensation, if any, to which they believe the employee is entitled. If the employee refuses to accept such payment or tender of compensation, and thereafter utilizes the services of an attorney at law, and if the compensation thereafter awarded is greater than the amount paid or tendered by the employer or carrier, a reasonable attorney's fee based solely upon the difference between the amount awarded and the amount tendered or paid shall be awarded in addition to the amount of compensation. The foregoing sentence shall not apply if the controversy relates to degree or length of disability, and if the employer or carrier offers to submit the case for evaluation by physicians employed or selected by the Secretary, as authorized in section 7(e) and offers to tender an amount of compensation based upon the degree or length of disability found by the independent medical report at such time as an evaluation of disability can be made. If the claimant is successful m review proceedings before the Board or court in any such case an award may be made in favor of the claimant and against the employer or carrier for a reasonable attorney's fee for claimant's counsel in accord with the above provisions. I n all other cases any claim for legal services shall not be assessed against the employer or carrier. "(c) I n all cases fees for attorneys representing the claimant shall be approved in the manner herein provided. If any proceedmgs are had before the Board or any court for review of any action, award, order, or decision, the Board or court may approve an attorney's fee for the work done before it by the attorney for the claimant. An approved attorney's fee, in cases in which the obligation to pay the fee is upon the claimant, may be made a lien upon the compensation due under an award; and the deputy commissioner. Board, or court shall fix in the award approving the fee, such lien and manner of payment. " (d) In cases where an attorney's fee is awarded against an employer or carrier there may be further assessed against such employer or carrier as costs, fees and mileage for necessary witnesses attending the hearing at the instance of claimant. Both the necessity for the witness and the reasonableness of the fees of expert witnesses must be approved by the hearing officer, the Board, or the court, as the case may be. The amounts awarded against an employer or carrier as attorney's fees, costs, fees and mileage for witnesses shall not in any respect affect or diminish the compensation payable under this Act. "(e) Any person who receives any fees, other consideration, or any gratuity on account of services rendered as a representative of a claimant, unless such consideration or gratuity is approved by the deputy commissioner. Board, or court, or who makes it a business to solicit employment for a lawyer, or for himself in respect of any claim or award for compensation, shall upon conviction thereof, for each offense be punished by a fine of not more than $1,000 or by imprisonment for not more than one year, or by both such fine and imprisonment.", i,:.,, ^ ,,,-•.,.. z./.

�


text:
Page:United States Statutes at Large Volume 86.djvu/1303

 86

STAT.]

PUBLIC LAW 92-576-OCT. 27, 1972 HEARING

1261

PROCEDURE

SEC. 14. Section 19(d) of the Longshoremen's and Harbor Workers' Compensation Act is amended to read as follows: " (d) Notwithstanding any other provisions of this Act, any hearing held under this Act shall be conducted in accordance with the provisions of section 554 of title 5 of the United States Code. Any such hearing shall ]je conducted by a hearing examiner qualified under section 8105 of that title. All powers, duties, and responsibilities vested by this Act, on the date of enactment of the Longshoremen's and Harbor Workers' Compensation Act Amendments of 1972, in the deputy commissioners with respect to such hearings shall be vested in such hearing examiners."

44 Stat. 1435. 33 USC 919. 80 Stat. 384. 80 Stat. 428.

REVIEW BOARD

SEC. 15. (a) Section 21(b) of the Longshoremen's and Harbor Workers' Compensation Act is amended to read as follows: " (b)(1) There is hereby established a Benefits Review Board which shall be composed of three members appointed by the Secretary from among individuals who are especially qualified to serve on such Board. The Secretary shall designate one of the members of the Board to serve as chairman." "(2) For the purpose of carrying out its functions under this Act, two members of the Board shall constitute a quorum and official action can be taken only on the affirmative vote of at least two members. "(8) The Board shall be authorized to hear and determine appeals raising a substantial question of law or fact taken by any party in interest from decisions with respect to claims of employees under this Act and the extensions thereof. The Board's orders shall be based upon the hearing record. The findings of fact in the decision under review by the Board shall be conclusive if supported by substantial evidence in the lecord considered as a whole. The payment of the amounts required by an award shall not be stayed pending final decision in any such proceeding unless ordered by the Board. No stay shall be issued unless irreparable injury would otherwise ensue to the employer or carrier. "(4) The Board may, on its own motion or at the request of the Secretary, remand a case to the hearing examiner for further appropriate action. The consent of the parties in interest shall not be a prerequisite to a remand by the Board. "(c) Any person adversely affected or aggrieved by a final order of the Board may obtain a review of that order in the United States court of appeals for the circuit in which the injury occurred, by filing in such court within sixty days following the issuance of such Board order a written petition praying that the order be modified or set aside. A copy of such petition shall be forthwith transmitted by the clerk of the court, to the Board, and to the other parties, and thereupon the Board shall file in the court the record in the proceedings as provided in section 2112 of title 28, United States Code. Upon such filing, the court shall have jurisdiction of the proceeding and shall have the power to give a decree affirming, modifying, or setting aside, in whole or in part, the order of the Board and enforcing same to the extent that such order is affirmed or modified. The orders, writs, and processes of the court in such proceedings may run, be served, and be returnable anywhere in the United States. The payment of the amounts required by an award shall not be stayed pending final decision in my such proceeding unless ordered by the court. No stay

33 USC 921. Establishment; membership.

Authority.

Remand,

U.S. Court of A p p e a l s, review.

72 Stat. 941; 80 Stat. 1323.

�


text:
Page:United States Statutes at Large Volume 86.djvu/1304

 1262

44 Stat. 1436. 33 USC 921. Ante, p. 1253.

"Board-" 52 Stat. 1167. 33 USC 914. 33 USC 923, 927. 73 Stat. 391. 33 USC 933.

33 USC 935. 33 USC 940.

PUBLIC LAW 92-576-OCT. 27, 1972

[86 STAT.

shall be issued unless irreparable injury would otherwise ensue to the employer or carrier. The order of the court allowing any stay shall contain a specific finding, based upon evidence submitted to the court and identified by reference thereto, that irreparable damage would result to the employer, and specifying the nature of the damage." (b) Redesignate subsections (c) and (d) of such section as (d) and (e), respectively. (c) Section 2 of such Act as amended by this Act is further amended by redesignating paragraph 21 as paragraph 22 and inserting after paragraph 20 the following new paragraph: "(21) The term 'Board'shall mean the Benefits Review Board." (d) Section 14(f) of such Act is amended by striking everything after the words "section 2 1 " and adding in lieu thereof the following: "and an order staying payment has been issued by the Board or court." (e) Sections 23 and 27 of such Act are each amended by adding "or Board" after every reference to "deputy commissioner". (f) Section 33(b) of such Act is amended by adding the term "or Board" after the term "deputy commissioner". (g) Section 3 3 (e)(1)(A) of such Act is amended by adding the words "or Board" after the term "deputy commissioner". (h) Section 33(g) of such Act is amended to read as follows: " (g) If compromise with such third person is made by the person entitled to compensation or such representative of an amount less than the compensation to which such person or representative would be entitled to under this Act, the employer shall be liable for compensation as determined in subdivision (f) only if the written approval of such compromise is obtained from the employer and its insurance carrier by the person entitled to compensation or such representative at the time of or prior to such compromise on a form provided by the Secretary and filed in the office of the deputy commissioner having jurisdiction of such injury or death within thirty days after such compromise is made." (i) Section 35 of such Act is amended by adding the words "the Board, or" after the words "deputy commissioner". (j) Section 40(f) of such Act is amended by adding the words "or Board member" after the words "deputy commissioner," whenever they occur. APPEARANCE FOR SECRETARY OF LABOR

45 Stat. 490. 33 USC 921a.

SEC. 16. Section 21a of the Act is amended to read as follows: "SEC. 21a. Attorneys appointed by the Secretary shall represent the Secretary, the deputy commissioner, or the Board in any court proceedings under section 21 or other provisions of this Act except for proceedings in the Supreme Court of the United States." CLAIMANT ASSISTANCE

70 Stat. 656. 33 USC 939.

SEC. 17. (a) Section 39(c) of the Longshoremen's and Harbor Workers' Compensation Act is amended by redesignating subsection (c) as paragraph (2) of such subsection and by inserting after subsection (b) thereof the following paragraph: " (c)(1) The Secretary shall, upon request, provide persons covered by this Act with information and assistance relating to the Act's coverage and compensation and the procedures for obtaining such compensation and including assistance in processing a claim. The Secretary may, upon request, provide persons covered by this Act

�


text:
Page:United States Statutes at Large Volume 86.djvu/1305

 86 STAT. ]

PUBLIC LAW 92-576-OCT. 27, 1972

1263

with legal assistance in processing a claim. The Secretary shall also provide employees receiving compensation information on medical, manpower, and vocational rehabilitation services and assist such employees in obtaining the best such services available." THIRD-PARTY LIABILITY

SEC. 18. (a) Section 5 of the Longshoremen's and Harbor Workers' Compensation Act is amended to read as follows: '-

44 stat, 1426, 33 USC 905.

EXCLUSIVENESS ((.

OF REMEDY A N D THIRD-PARTY LIABILITY

"SEC. 5. (a) The liability of an employer prescribed in section 4 shall be exclusive and in place of all other liability of such employer to the employee, his legal representative, husband or wife, parents, dependents, next of kin, and anyone otherwise entitled to recover damages from such employer at law or in admiralty on account of such injury or death, except that if an employer fails to secure payment of compensation as required by this Act, an injured employee, or his legal representative in case death results from the injury, may elect to claim compensation under the Act, or to maintain an action at law or in admiralty for damages on account of such injury or death. I n such action the defendant may not plead as a defense that the injury was caused by the negligence of a fellow servant, or that the employee assumed the risk of his employment, or that the injury was due to the contributory negligence of the employee. " (b) I n the event of injury to a person covered under this Act caused by the negligence of a vessel, then such person, or anyone otherwise entitled to recover damages by reason thereof, may bring an action against such vessel as a third party in accordance with the provisions of section 33 of this Act, and the employer shall not be liable to the vessel for such damages directly or indirectly and any agreements or warranties to the contrary shall be void. If such person was employed by the vessel to provide stevedoring services, no such action shall be permitted if the injury was caused by the negligence of persons engaged m providing stevedoring services to the vessel. If such person was employed by the vessel to provide ship building or repair services, no such action shall be permitted if the injury was caused by the negligence of persons engaged in providing ship building or repair services to the vessel. The liability of the vessel under this subsection shall not be based upon the warranty of seaworthiness or a breach thereof at the time the injury occurred. The remedy provided in this subsection shall be exclusive of all other remedies against the vessel except remedies available under this Act." (b) Section 2 of such Act as amended by this Act is further amended by redesignating paragraph 22 as paragraph 23 and inserting after paragraph 21 the following new paragraph: "(22) The term 'vessel' means any vessel upon which or in connection with which any person entitled to benefits under this Act suflFers injury or death arising out of or in the course of his employment, and said vessel's owner, owner pro hac vice, agent, operator, charter or bare boat charterer, master, officer, or crew member." PROHIBITION

AGAINST

CERTAIN

DISCRIMINATION

AGAINST

^3 USC 904.

^"'^' P- 1262.

'^"'®' P- ^262. "vessei."

EMPLOYEES

SEC. 19. The Longshoremen's and Harbor Workers' Compensation Act is further amended by redesignating sections 49, 50, and 51 as 44 Stat. 1446. sections 50, 51, and 52, respectively, and by inserting immediately 950^ ^^^ * after section 48 the following new section:

�


text:
Page:United States Statutes at Large Volume 86.djvu/1306

 1264

PUBLIC LAW 92-576-OCT. 27, 1972 "DISCRIMINATION

Penalty.

Ante, p. 1256,

AGAINST EMPLOYEES W H O BRING

[86

STAT.

PROCEEDINGS

"SEC. 49. I t shall be unlawful for any employer or his duly authorized agent to discharge or in any other manner discriminate against an employee as to his employment because such employee has claimed or attempted to claim compensation from such employer, or because he has testified or is about to testify in a proceeding under this Act. Any employer who violates this section shall be liable to a penalty of not less than $100 or more than $1,000, as may be determined by the deputy commissioner. All such penalties shall be paid to the deputy commissioner for deposit in the special fund as described in section 44, and if not paid may be recovered in a civil action brouglit in the appropriate United States district court. Any employee so discriminated against shall be restored to his employment and shall be compensated by his employer for any loss of wages arising out of such discrimination: Provided, That if such employee shall cease to be qualified to perform the duties of his employment, he shall not be entitled to such restoration and compensation. The employer alone and not his carrier shall be liable for such penalties and payments. Any provision in an insurance policy undertaking to relieve the employer from the liability for such penalties and payments shall be void." MISCELLANEOUS PROVISIONS

52 Stat. 1165. 33 USC 908. Agreed settlements, approval.

44 Stat. 1434. 33 USC 915, 916.

52 Stat. 1167. 33 USC 917. Lien on compensation. 73 Stat. 537; 83 Stat. 133.

SEC. 20. (a) Section 8(i) of the Longshoremen's and Harbor Workers' Compensation Act is amended to read as follows: "(i),(A) Whenever the deputy commissioner determines that is is for the best interests of an injured employee entitled to compensation, he may approve agreed settlements of the interested parties, discharging the liability of the employer for such compensation, notwithstanding the provisions of section 15(b) and section 16 of this act: Provided, That if the employee should die from causes other than the injury after the deputy commissioner has approved an agreed settlement as provided for herein, the sum so approved shall be payable, in the manner prescribed in this subsection, to and for the benefit of the persons enumerated in subsection (d) of this section. " (B) Whenever the Secretary determines that it is for the best interests of the injured employee entitled to medical benefits, he may approve agreed settlements of the interested parties, discharging the liability of the employer for such medical benefits, notwithstanding the provisions of section 16 of this act: Provided, That if the employee should die from causes other than the injury after the Secretary has approved an agreed settlement as provided for herein, the sum so approved shall be payable, in the manner prescribed in this subdivision, to and for the benefit of the persons enumerated in subdivision (d) of this section." (b) Section 17 of such Act is amended by inserting " (a) " immediately after thp section designation and by adding at the end thereof the following new subsection: " (b) Where a trust fund which complies with section 302(c) of the Labor-Management Relations Act of 1947 (29 U.S.C. 186(c)) established pursuant to a collective-bararaining agreement in effect between an employer and an employee entitled to compensation under this Act has paid disability benefits to an employee which the employee is legally obligated to repay by reason of his entitlement to compensation under this Act, the Secretary may authorize a lien on such compensation in favor of the trust fund for the amount of such payments."

�


text:
Page:United States Statutes at Large Volume 86.djvu/1307

 86

STAT.]

PUBLIC LAW 92-577-OCT. 27, 1972

(c)(1) Section 2 of the Longshoremen's and Harbor Workers' Compensation Act as amended by this Act is further amended by striking out subsections (16) and (17) and inserting in lieu thereof the following new subsection (16) and by redesignating subsections 2 (18), (19), (20), (21), (22), and (23) as 2 (17), (18), (19), (20), (21), and (22), respectively. "(16) The terms 'widow or widower' includes only the decedent's wife or husband living with or dependent for support upon him or her at the time of his or her death; or living apart for justifiable cause or by reason of his or her desertion at such time." (2) Section 9 of the Longshoremen's and Harbor Workers' Compensation Act, as amended by this Act, is further amended by striking the phrase "surviving wife or dependent husband" each time it appears and inserting in lieu thereof the phrase "widow or widower". (3) The amendments made by this subsection shall apply only with respect to deaths or injuries occurring after the enactment of this Act. TECHNICAL

126J 44 Stat. 1424; Ante, pp. 1251, 1253, 1262, 1263.

"Widow or widower."

Ante, 1257.

p p. 1253,

AMENDMENT

SEC. 21. Section 3(a)(1) of the Longshoremen's and Harbor Workers' Compensation Act is amended by striking out the word "nor" and inserting in lieu thereof the word "or".

44 Stat. 1426. 33 USC 903.

EFFECTIVE DATE

SEC. 22. The amendments made by this Act shall become effective thirty days after the date of enactment of this Act. Approved October 27, 1972. • Public Law 92-577 AN ACT To authorize the Secretary of the Interior to engage in feasibility investigations of certain potential water resource developments.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is hereby authorized to engage in feasibility studies of the following potential water resource developments: 1. Cache Creek project in Comanche, Cotton, Tillman, Jackson, and Kiowa Counties in southwestern Oklahoma. 2. Garrison diversion unit, M&I water facilities, Pick-Sloan Missouri Basin program, in central North Dakota. 3. Oahe unit, M&I water facilities, Pick-Sloan Missouri Basin program in east-central South Dakota. 4. Ventura County Water Management project, California. 5. Tucumcari project in San Miguel County in east-central New Mexico. 6. Uncompahgre project improvement in Montrose and Delta Counties in the vicinity of Montrose and Delta, Colorado. 7. Dominquez Eeservoir project in Mesa and Delta Counties, Colorado. 8. Lower James-Fort Randall water diversion proposal of the PickSloan Missouri River Basin program. South Dakota. 9. Three Forks Division, Pick-Sloan Missouri Basin program, in Gallatin and Madison Counties, northwest Montana. Approved October 27, 1972. •

October 27, 1972 [S. 39591

Water resource developments. Feasibility studies.

�


text:
Page:United States Statutes at Large Volume 86.djvu/1308

 1266

PUBLIC LAW 92-578-OCT. 27, 1972

Public Law 92-578

>

>

[86 STAT.

...

October 27, 1972

AN ACT

[H. R. 10751]

To establish the Pennsylvania Avenue Development Corporation, to provide for the preparation and carrying out of a development plan for certain areas between the White House and the Capitol, to further the purposes for which the Pennsylvania Avenue National Historic Site was designated, and for other purposes.

Be it enacted by the Senate and House of Representatives of the Pennsylvania United States of America in Congress assembled, That this Act may ment"co^*orati'rn ^6 cited as the "Pennsylvania Avenue Development Corporation Act Act of 1972.

49 Stat. 666.

Development area

of 1972".

SEC. 2. The Congress finds and declares— (a) that it is in the national interest that the area adjacent to Pennsylvania Avenue between the Capitol and the White House, most of which was designated on September 30, 1965, as a national historic site under the Historic Sites Act of August 21, 1935 (16 U.S.C. 461 et seq.), be developed, maintained, and used in a manner suitable to its ceremonial, physical, and historic relationship to the legislative and executive branches of the Federal Government and to the governmental buildings, monuments, memorials, ^nd parks in or adjacent to the area; (b) that the area adjacent to Pennsylvania Avenue between the Capitol and the White House, because of its blighted character, imposes severe public, economic, and social liabilities upon the District of Columbia as the seat of the government of the United States, thereby impeding its sound growth and development and constituting a serious and growing threat to the public health, safety, morals, and welfare of its inhabitants; (c) that to insure suitable development, maintenance, and use of the area and the elimination of blight, it is essential that there be developed and carried out as an entirety plans for this area which will specify the uses, both public and private, to which property is to be put, the programing and financing of necessary acquisitions, construction, reconstruction, and other activities; (d) that such duties and responsibilities can best be developed and carried out by vesting the requisite powers in a Federal corporation which can take maximum advantage of the private as well as the public resources which will be necessary; (e) that the powers conferred by this Act are for public uses and purposes for ivhich public powers may be employed, public funds may be expended, and the power of eminent domain and the police power may be exercised, and the granting of such powers is necessary in the public interest; and (f) that the area thus to be developed, maintained, and used in accordance with the provisions of this Act (hereinafter referred to as the development area) shall be the area bounded as follows: Beginning at a point on the southwest corner of the intersection of Fifteenth Street and E Street Northwest; thence proceeding easterly along the southerly side of E Street to the southwest corner of the intersection of Thirteenth Street and Pennsylvania Avenue Northwest; thence southeasterly along the southerly side of Pennsylvania Avenue to a point being the southeast corner of the intersection of Pennsylvania Avenue and Third Street Northwest; thence northerly along the east side of Third Street to the northeast corner of the intersection of C Street and Third Street Northwest;

�


text:
Page:United States Statutes at Large Volume 86.djvu/1309

 86 STAT. ]

PUBLIC LAW 92-578-OCT. 27, 1972

1267

thence westerly along the north side of C Street to the northeast corner of the intersection of C Street and Sixth Street Northwest; thence northerly along the east side of Sixth Street to the northeast corner of the intersection of E Street and Sixth Street Northwest; thence westerly along the north side of E Street to the northeast corner of the intersection of E Street and Seventh Street Northwest; thence northerly along the east side of Seventh Street to the northeast corner of the intersection of Seventh Street and F Street Northwest; thence westerly along the north side of F Street to the northwest corner of the intersection of F Street and Ninth Street Northwest; thence southerly along the west side of Ninth Street to the northwest corner of the intersection of Ninth Street and E Street Northwest; thence westerly along the north side of E Street to the northeast corner of the intersection of E Street and Thirteenth Street .« Northwest; thence northerly along the east side of Thirteenth Street to the northeast corner of the intersection of F Street and Thirteenth Street Northwest; thence westerly along the north side of F Street to the northwest corner of the intersection of F Street and Fifteenth Street Northwest; thence northerly along the west side of Fifteenth Street to the northwest comer of the intersection of Pennsylvania Avenue and Fifteenth Street Northwest; thence westerly along the southern side of Pennsylvania Avenue to the southeast corner of the intersection of Pennsylvania Avenue and East Executive Avenue Northwest; thence southerly along the east side of East Executive Avenue to the intersection of South Executive Place and E Street Northwest; • thence easterly along the south side of E Street to the point of beginning being the southwest corner of the intersection of Fifteenth Street and E Street Northwest. SEC. 3. (a) There is hereby created a body corporate to be known. Pennsylvania ,-,

T-»

1

•

A

T\

1

/-^

•

/I

•

!•

Avenue Uevelop-

as the Pennsylvania Avenue Development Corporation (hereinafter ment corporation, referred to as the "Corporation"). establishment. (b) The Corporation shall be dissolved upon completion, as determined by the Board of Directors, of its implementation of the development plan provided for in section 5 of this Act. Upon dissolution, assets remaining after all the obligations and indebtedness of the Corporation has been fulfilled and paid or satisfied shall be the assets of the United States. (c) The powers and management of the Corporation shall be vested ^oard of DIin a Board of Directors consisting of fifteen members, as follows: '* °^' (1) The Secretary of the Interior; (2) The Secretary of the Treasury; (3) The Secretary of Housing and Urban Development; (4) The Secretary o5 Transportation; (5) The Administrator of General Services; (6) The Commissioner of the District of Columbia; (7) The Chairman, District of Columbia Council; and

�


text:
Page:United States Statutes at Large Volume 86.djvu/1310

 1268

Term.

Chairman.

Compensation.

5 USC 5332 note. 80 Stat. 499; 83 Stat. 190. Meetings, quorum.

Advisory Board.

Executive Director.

PUBLIC LAW 92-578-OCT. 27, 1972

[86

STAT.

(8) Eight, at least four of whom shall be residents and who are registered voters of the District of Columbia, appointed by the President from private life, who shall have knowledge and experience in one or more fields of history, architecture, city planning, retailing, real estate, construction, or government. (d) Each member of the Board of Directors specified in paragraphs (1) through (7) of subsection (c) may designate another official to serve on the Board in his stead if unable to serve in person. (e) Each member of the Board of Directors appointed under paragraph (8) of subsection (c) shall serve for a term of six years from the expiration of his predecessor's term; except that (1) any Director appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term, and (2) the terms of office of the Directors first taking office shall begin on the date of the enactment of this Act, and shall expire as designated at the time of appointment, two at the end of two years, two at the end of four years, and four at the end of six years. A Director may continue to serve until his successor has qualified. (f) The President shall designate a Chairman and a Vice Chairman from among the members of the Board of Directors, chosen from private life. (g) The Chairman, upon his appointment, shall invite to serve on the Board of Directors as nonvoting members the following: (1) The Chairman of the Commission of Fine A r t s; (2) The Chairman of the National Capital Planning Commission; (3) The Secretary of the Smithsonian Institution; (4) The Director of the National Gallery of A r t; (5) The Architect of the Capitol; (6) The Archivist of the United States; '^i' (7) The Chairman of the District of Columbia, Commission on the A r t s; and (8) The Chairman of the District of Columbia Redevelopment Land Agency. (h) Members of the Board of Directors who are officer's or employees of the Federal or District of Columbia government shall receive no additional compensation by virtue of their membership on the Board. Other members of the Board, when engaged in the activities of the Corporation, shall be entitled to receive compensation at the daily equivalent of the rate for GS-18 of the General Schedule, and travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 5703(b)-(d) and 5707) for persons in the Government service employed intermittently. (i) The Board of Directors shall meet at the call of the Chairman, who shall require it to meet not less often, than once each three months. A majority of the voting members of the Board of Directors (or their designated alternates) shall constitute a quorum. (j) There shall be established a nonvoting Advisory Board of seven members appointed by the Chairman from among? tenants and owners of real property within the development area. The Advisory Board shall meet at least twice annually with the Board of Directors, and shall otherwise offer such advice and assistance as may be of benefit to the Board of Directors during preparation of the development plan. SEC. 4. (a) The Board of Directors shall have the power to appoint and fix the compensation and duties of the Executive Director and such

�


text:
Page:United States Statutes at Large Volume 86.djvu/1311

 86

STAT.]

1269

PUBLIC LAW 92-578-OCT. 27, 1972

other officers and employees of the Corporation as may be necessary for the efficient administration of the Corporation; the Executive Director and two other officers of the Corporation may be appointed and compensated without regard to the provisions of title 5 of the United States Code governing appointments in the competitive service and chapter 51 and subchapter 53 of title 5 of the United States Code. (b) Administrative services shall be provided by the General Services Administration on a reimbursable basis. SEC. 5. (a) The development plan for the development area shall include, but not be limited to: (1) the types of uses, both public and private, to be permitted; (2) criteria for the design and appearance of buildings, facilities, open spaces, and other improvements; (3) an estimate of the current values of all properties to be acquired; (4) an estimate of the relocation costs which would be incurred in carrying out the provisions of section 8 of this Act; (5) an estimate of the cost of land preparation for all properties to be acquired; (6) an estimate of the reuse values of the properties to be acquired; (7) a program for the staging of a proposed development, including a detailed description of the portion of the program to be scheduled for completion by 1976; (8) a determination of the marketability of such development; (9) an estimate of the development costs, both public and private; (10) a thorough study of the economic impact of such development, including the impact on the local tax base, the metropolitan area as whole, and the existing business activities within the development area; and (11) the procedures (including both interim and longterm arrangements) to be used in carrying out and insuring continuing conformance to the development plan. (b) The development plan provided for in subsection (a) shall be prepared with the Cooperation of the Department of the Interior, the General Services Administration, and the District of Columbia government with the maximum feasible use of their staffs and other resources on a reimbursable basis by the Corporation. (c) After the development plan has been completed and approved by the Board of Directors of the Corporation, it shall be submitted to the Secretary of the Interior and the Commissioner of the District of Columbia. The Secretary of the Interior, within ninety days, shall notify the Corporation of his approval or recommended modifications from the standpoint of the compatibility of the plan with his responsibilities for the administration, protection, and development of the areas within the Pennsylvania Avenue National Historic Site. The Commissioner of the District of Columbia, within ninety days, shall consult with the National Capital Planning Commission, shall hold public hearings on the plan, and shall notify the Corporation of his approval or recommended modifications: Provided, That in the event that the Secretary of the Interior or the Commissioner of the District of Columbia has not notified the Corporation of his approval or recommended modifications of the plan within ninety days after the date of submission, he shall be deemed to have approved the plan. (d) In the event the Secretary of the Interior or the Commissioner of the District of Columbia has recommended modifications of the plan, the Corporation within one hundred and twenty days of the original submission of the plan shall consult with them regarding such modifications and shall prepare a development plan which shall be transmitted to the President of the Senate and the Speaker of the House of Representatives. If the Secretary of the Interior or the Commissioner of the District of Columbia has not approved the development plan, the transmittal

80 Stat. 378. 5 USC 101 et seq. 5 USC 5101, 5331. GSA, administrative services. Development plan.

•si

'.dv'!^'

Submittal to Secretary of Interior and D.C. Commissioner.

Public hearings.

T r a n s m i t t a l to Congress.

�