text:
Page:United States Statutes at Large Volume 86.djvu/791

 86 STAT. ]

PUBLIC LAW 92-449-SEPT. 30, 1972

749

or to have any child or ward of his treated luidei' siieJi a program. "(c)(1) Payments under grants under this section may be made ni Payments. advance on the basis of estimates or by way of reimbursement, with necessary adjustments on account of underpayments or overpayments, and in such installments and on such terms and conditions as the Secretary finds necessary to carry out the purposes of this section. Grant reduction. "(2) The Secretary, at the request of a recipient of a grant under this section, may reduce such grant by the fair market value of any supplies (including vaccines and other preventive agents) or equipment furnished to such recipient and by the amount of the pay, allowances, travel expenses, and any other costs in connection with the detail of an officer or employee of the Government to the recipient when the furnishing of such supplies or equipment or the detail of such an officer or employee is for the convenience of and at the request of such recipient and for the purpose of carrying out the program with respect to which the grant under this section is made. The amount by which any such grant is so reduced shall be available for payment by the Secretary of the costs incurred in furnishing the supplies or equipment, or in detailing the personnel, on which the reduction of such grant is based. " (d)(1) There is authorized to be appropriated $11,000,000 for the Appropriations. fiscal year ending June 30, 1973, $11,000,000 for the fiscal year ending June 30, 1974, and $11,000,000 for the fiscal year ending June 30, 1975, for grants under this section for communicable disease control programs for tuberculosis. "(2) There is authorized to be appropriated $6,000,000 for the fiscal year ending June 30, 1973, $6,000,000 for the fiscal year ending June 30, 1974, and $6,000,000 for the fiscal year ending June 30, 1975, for grants under this section for communicable disease control programs for measles. "(3) There is authorized to be appropriated $23,000,000 for the fiscal year ending June 30, 1973, $23,000,000 for the fiscal year ending June 30, 1974, and $23,000,000 for the fiscal year ending June 30, 1975^, for grants under this section for communicable disease control programs other than communicable disease control programs for which appropriations are authorized by paragraph (1) or (2). "(4) Not to exceed 50 per centum of the amount appropriated for Limitation. any fiscal year under any of the preceding paragraphs of this subsection may be used by the Secretary for grants for such fiscal year under (A) programs for which appropriations are authorized under any one or more of the other paragraphs of this subsection if the Secretary determines that such use will better carry out the purposes Post, p. 751. of this section, and (B) section 318. "(e) The Secretary shall develop a plan under which personnel, Emergency plan e(iuipment, medical supplies, and other resources of the Service and development. other agencies under his jurisdiction may be effectively utilized to meet epidemics of, or other health emergencies involving, any disease referred to in subsection (h)(1). There is authorized to be appropri- Appropriation. ated to the Secretary $5,000,000 for the fiscal year ending June 30. 1973, $5,000,000 for the fiscal year ending "June 30. 1974, and $5,000,000 for the fiscal year ending June 30, 1975, for costs incurred in utilizing such resources in accordance with such plan. "(f)(1) Except as provided in section 318(g), no funds appropri- P o s t, p. 754. ated under any provision of this Act other than subsection (d) may be used to make grants in any fiscal year for communicable disease control programs if (A) grants for such programs are authorized by this section, and (B) all the funds authorized to be appropriated under that subsection for that fiscal year have not been approprinted for that fiscal year and obligated in that fiscal year.

�


text:
Page:United States Statutes at Large Volume 86.djvu/792

 750

Annual report to President, submittal to Congress.

Definitions.

Effective date.

PUBLIC LAW 92-449-SEPT. 30, 1972

Congressional findings.

STAT.

"(2) Xo fluids appropriated under any pro\ isioji of this Act other tlian subsection (e) may be used in any fiscal year for costs incurred in utilizing resources of the Service in accordance with a plan developed in accordance with that subsection if all the funds authorized to bo appropriated under that subsection for that fiscal year have not been appropriated for that fiscal year and obligated in that fiscal year. " (g) The Secretary shall submit to the President for submission to the Congress on January 1 of each year a report (1) on the effectiveness of all Federal and other public and private activities in preventing and controlling the diseases referred to in subsection (h)(1). (2) on the extent of the problems presented by such diseases, (3) on the effectiveness of the activities, assisted under grants under this section, in preventing and controlling such diseases, and (4) setting forth a plan for the coming year for the preA^ention and control of such diseases. " (h) For the purposes of this section: "(1) The term 'communicable disease control program' means a program which is designed and conducted so as to contribute to national protection against tuberculosis, rubella, measles, Kh disease, poliomyelitis, diphtheria, tetanus, whooping cough, or other communicable diseases (other than venereal disease) which are transmitted from State to State, are amenable to reduction, and are determined by the Secretary to be of national significance. Such term includes vaccination programs, laboratory services, and studies to determine the communicable disease control needs of States and political subdivisions of States and the means of best meeting such needs. "(2) The term 'State' includes the Commonwealth of Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, and the District of Columbia. " (i) Xothing in this section shall limit or otherwise restrict the use of funds which are granted to a State or to an agency or a political subdivision of a State under provisions of Federal law (other than this Act) and which are available for the conduct of communicable disease control programs from being used in connection with programs assisted through grants under this section.'' SEC. 102. The amendment made by section 101 of this title shall apply to grants made under section 317 of the Public Health Service Act after June 30, 1972, except that subsection (d) of such section as amended by section 101 shall take efi'ect on the date of enactment of this Act. TITLE II—VENEREAL DISEASE PREVENTION (^ONTROL

Citation of title.

[86

AND

SEC. 201. This title may be cited as the "National Venereal Disease Prevention and Control Act". SEC. 202. (a) The Congress finds and declares that— (1) the number of reported cases of venereal disease lias reached epidemic proportions in the United States; (2) the number of patients with venereal disease reported to public health authorities is only a fraction of those treated by physicians; (3) the incidence of venereal disease is particularly high among individuals in the 20-24 age group, and in metropolitan areas; (4) venereal disease accounts for needless deaths and leads to such severe disabilities as sterility, insanity, blindness, and crippling conditions:

�

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


text:
Page:United States Statutes at Large Volume 86.djvu/793

 86 STAT. ]

751

PUBLIC LAW 92-449-SEPT. 30, 1972

(5) the number of cases of congenital sypJiilis, a preventable disease, in infants under one year of age increased by 33l^ per centum between 1970 and 1971; (6) health education programs in schools and through the mass media may prevent a substantial portion of the venereal disease problem; and (7) medical authorities have no successful vaccine for syphilis or gonorrhea and no blood test for the detection of gonorrhea among the large reservoir of asymptomatic females. (b) I n order to preserve and protect the health and welfare of all citizens, it is the purpose of this Act to establish a national program for the prevention and control of venereal disease. SEC. 203. Part B of title III of the Public Health Service Act is amended by adding immediately after section 317 thereof the following new section:

58 Stat. 6 9 3. 42 USC 2 4 3. Ante, p. 748.

P R O J E C T S AXD PROGRAMS FOR THE P R E V E N T I O N A X D CONTROL OF VENEREAL DISEASE

318. (a) The Secretary may provide technical assistance to appropriate public authorities and scientific institutions for their research, training, and public health programs for the prevention and control of venereal disease. " (b)(1) The Secretary is authorized to make grants to States, political subdivisions of States, and any other public or nonprofit private entity for projects for the conduct of research, demonstrations, and training for the prevention and control of venereal disease. " (2) For the purpose of carrying out this subsection, there is authorized to be appropriated $7,500,000 for the fiscal year ending June 30, 1973, and for each of the next two fiscal years. "(c)(1) There is authorized to be appropriated $25,000,000 for the fiscal year ending June 30, 1973, and for each of the next two fiscal years, to enable the Secretary to make grants to State health authorities to assist the States in establishing and maintaining adequate public health programs for the diagnosis and treatment of venereal disease. For purposes of this subsection, the term 'State' means each of the several States of the United States, the District of Columbia, the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Commonwealth of Puerto Rico. "(2) Any State desiring to receive a grant under this subsection shall submit to the Secretary a State plan for a public health program for the diagnosis and treatment of venereal disease. Each State plan shall— " (A) provide for the administration or supervision of administration of the State plan by the State health authority; " (B) set forth the policies and procedures to be followed in the expenditure of the funds paid to the State under this subsection; " (C) provide that the public health services furnished under the State plan will include the provision of Statewide laboratory services (including dark field microscope techniques for the diagnosis of both gonorrhea and syphilis), which services will be provided in accordance with standards prescribed by regulations, including standards as to the scope and quality of such services; " (D) contain or be supported by assurances satisfactory to the Secretary that (i) not less than 70 per centum of the funds paid to the State under this subsection will be used to provide and strengthen public health services in its political subdivisions for the diagnosis and treatment of venereal disease; (ii) such funds ''SEC.

Technical assistance.

Appropriations.

'State."

State plan requirements.

�


text:
Page:United States Statutes at Large Volume 86.djvu/794

 752

Review.

Reports. Recordkeeping.

Approval. State allotments.

Limitation. Unobligated funds.

Reallotment.

PUBLIC LAW 92.449-SEPT. 30, 1972

[86

STAT.

will be used to supplement and, to the extent piactical. to increase the level of funds that would otherwise be made avaihible for the purposes for which the Federal funds are provided under this subsection and will not supplant any non-Federal funds which would otherwise be available for such purposes; and (iii) the plan is compatible with the total health program of the State; " (E) provide that the State health authority will from time to time, but not less often than annually, review and evaluate its State plan approved under this subsection, and submit to the Secretary appropriate modifications thereof; " (F) provide that the State health authority will make such reports, in such form and containing such information, as the Secretary may from time to time reasonably require, and will keep such records and afford such access thereto as the Secretary finds necessary to assure the correctness and verification of such reports; " (G) provide for such fiscal control and fund accounting procedures as may be necessary to assure the proper disbursement of and accounting for funds paid to the State under this subsection: and " (H) contain such additional information and assurances as the Secretary may find necessary to carry out the pui"poses of this subsection. The Secretary shall approve any State plan and any modification thereof which meets the requirements of this paragraph. "(3)(A) Grants under this subsection shall be made from allotments to States made in accordance with this paragraph. For each fiscal year the Secretary shall, in accordance with regulations, allot the sums appropriated under paragraph (1) for such year among the States on the basis of the incidence of venereal disease in, and the population of, the respective States; except that no State's allotment shall be less than $75,000 for any fiscal year. " (B) Any amount allotted to a State (other than the Virgin Islands, American Samoa, Guam, the Trust Territory of the Pacific Islands, and the Commonwealth of Puerto Rico) under subparagraph (A) for a fiscal year and remaining unobligated at the end of such year shall remain available to such State, for the purposes for which made, for the next fiscal year (and for such year only), and any such amount shall be in addition to the amounts allotted to such State for such purpose for such next fiscal year; except that any such amount, remaining unobligated at the end of the sixth month:following the end of such year for which it was allotted, which the Secretary determines will remain unobligated by the close of such next fiscal year, may be reallotted by the Secretary, to be available for the purposes for which made until the close of such next fiscal year, to other States which have need therefor, on such basis as the Secretary deems equitable and consistent with the purposes of this subsection, and any amount so reallotted to a State shall be in addition to the amounts allotted and available to the States for the same period. Any amount allotted under subparagraph (A) to the Virgin Islands, American Samoa, Guam, the Trust Territory of the Pacific Islands, or the Commonwealth of Puerto Rico for a fiscal year and remaining unobligated at the end of such year shall remain available to it for the purposes for which made, for the next two fiscal years (and for such years only), and any such, amount shall be in addition to the amounts allotted to it for such purposes for each of such next two fiscal years; except that any such amount, remaining unobligated at the end of the first of such next two years, which the Secretary determines will remain unobligated at the close of the second of such next two years, may be reallotted by the Secretary, to be available for the puri)0ses for which ninde until the

�


text:
Page:United States Statutes at Large Volume 86.djvu/795

 86 STAT. ]

753

PUBLIC LAW 92-449-SEPT. 30, 1972

close of the second of such next two years, to any other of such named States which have need therefor, on such basis as the Secretary deems equitable and consistent with the purposes of this subsection, and any amount so reallotted to any such named State shall be in addition to any other amounts allotted and available to it for the same period. "(4) The amount of any grant under this subsection for public health programs under an approved State plan shall be determined by the Secretary, except that no grant for any such program may exceed 90 per centum of its cost (as determined under regulations of the Secretary). Payments under grants under this subsection shall be made from time to time in advance on the basis of estimates by the Secretary or by way of reimbursement, with necessary adjustments on account of previous underpayments or overpayments. " (d)(1) The Secretary is authorized to make project grants to States and, in consultation with the State health authority, to political subdivisions of States, for— " (A) venereal disease surveillance activities, including the reporting, screening, and followup of diagnostic tests for, and diagnosed cases of, venereal disease; " (B) casefinding and case followup activities respecting venereal disease, including contact tracing of infectious cases of venereal disease; " (C) interstate epidemiologic referral and followup activities respecting venereal disease; " (D) professional and public venereal disease education activities; and " (E) such special studies or demonstrations to evaluate or test venereal disease control as may be prescribed by the Secretary. "(2) For the purpose of carrying out this subsection, there is authorized to be appropriated $30,000,000 for the fiscal year endingJune 30, 1973, and for each of the next two succeeding fiscal years. " (e)(1) Grants made under subsection (b) or (d) of this section shall be made on such terms and conditions as the Secretary finds necessary to carry out the purposes of such subsection, and payments under any such grants shall be made in advance or by way of reimbursement and in such installments as the Secretary finds necessary. "(2) Each recipient of a grant under this section shall keep such records as the Secretary shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such grant, the total cost of the project or undertaking in connection with which such grant was given or used, and the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. "(3) The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipients of grants under this section that are pertinent to such grants. "(4) The Secretary, at the request of a recipient of a grant under this section, may reduce such grant by the fair market value of any supplies or equipment furnished to such recipient and by the amount of pay, allowances, travel expenses, and any other costs in connection with the detail of an officer or employee of the United States to the recipient when the furnishing of such supplies or equipment or the detail of such an officer or employee is for the convenience of and at the request of such recipient and for the purpose of carrying out the program with respect to which the grant under this section is made. The amount by which any such grant is so reduced shall be available for

Amount, limitation.

Advance payments.

Project grants to States.

Appropriation.

Terms and conditions.

Recordkeeping.

Audit.

Grant reduction.

�


text:
Page:United States Statutes at Large Volume 86.djvu/796

 754

Information d i s closure.

Ante, p. 749,

Limitation.

Ante, p. 748.

PUBLIC LAW 92-450-SEPT. 30, 1972

STAT.

payment by the Secretary of the costs incurred in furnisliing the supplies, equipment, or personal services on which the reduction of such grant is based; and, in the case of a grant under subsection (c), such amount shall be deemed a part of the grant to such recipient and shall, for the purposes of that subsection, be deemed to have been paid to such recipient. care, or treatment of any individual under any program which is being carried out with a grant made under this section shall not, without such individual's consent, be disclosed except as may be necessary to provide service to him. Information derived from any such program may be disclosed— " (A) in summary, statistical, or other form, or "'(B) for clinical or research purposes, but only if the identity of the individuals diagnosed or provided care or treatment under such program is not disclosed. "(f) Except as provided in section 317(d)(4), no funds appropriated under any provision of this Act other than this section may be used to make grants in any fiscal year for programs or projects respecting venereal disease if (1) grants for such programs or projects are authorized by this section, and (2) all the funds authorized to be appropriated under this section for that fiscal year have not been appropriated for that fiscal year and obligated in that fiscal year. " (g) ^ o t to exceed 50 per centum of the amounts appropriated for any fiscal year under subsections (b), (c), and (d) of this section may be used by the Secretary for grants for such fiscal year under section 317. " (h) Nothing in this section shall be construed to require any State or any political subdivision of a State to have a venereal disease program which would require any person, who objects to any treatment provided under such a program, to be treated or to have any child or ward of his treated under such a program." TITLE
 * '(5) All information obtained in connection with the examination,

84 Stat. 1506. 42 USC 300.

[86

III — P R O J E C T G R A N T S AND CONTRACTS FAMILY PLANNING SERVICES

FOR

SEC. 301. Section 1001(c) of the Public Health Service Act is amended by striking out "$90,000,000-' and inserting "$111,500.000** in lieu thereof. Approved September 30, 1972. Public Law 92-450

September 30, 1972 [H. J. R e s. 1 3 0 4 ]

National Heritage Day. Designation authorization.

JOINT RESOLUTION Authorizing the President to proclaim October 1, 15)72, as "National Heritage Day".

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is hereby authorized and requested to issue a proclamation designating Sunday, October 1, 1972, as "National Heritage Day", and calling upon the people of the United States, all of us immigrants, to observe such day with appropriate ceremonies and activities. Approved September 30, 1972.

�


text:
Page:United States Statutes at Large Volume 86.djvu/797

 86 STAT.]

PUBLIC LAW 9 2 - 4 5 1 - O C T. 2, 1972

755

Public Law 92-451 AN ACT

'J'o amend the provisions of title 14, United States Code, relating to the officer structure of the Coast Guard, and for other purposes.

October 2, 1972

flag

[H. R. 13697]

Be it enacted by the Seriate and House of Representatives of the Guard. United States of America in Congress assembled, That title 14, United Coast officers. Flag States Code, is amended as follows: (1) The first sentence of section 41 is amended by striking out "a ^°^ ^'^*- ^^o vice admiral" and inserting in lieu thereof "vice admirals". (2) The first sentence of subsection (e) of section 42 is amended by- 77 Stat. 174. inserting the words "or excluded under the provisions of section 9(d) (1) of the Department of Transportation Act (80 Stat. 944; 49 U.S.C. 1657)," between the words "basis" and "shall". (3) The second sentence of section 44 is amended by striking out 77 Stat. 175. the words "in the grade of captain or above" and inserting in lieu thereof the words "above the grade of captain". (4) Section 47 is amended by striking out the word "Assistant" so^statr^'gs^"*' wherever it appears preceding the word "Commandant" and inserting in lieu thereof the word "Vice"; by striking out the words "in the grade of captain or above" in the second sentence of subsection (a) and inserting in lieu thereof the words "above the grade of captain"; and by striking out the word "An" in subsection (b) and inserting in lieu thereof the word "A". (5) By adding the following new sections at the end of chapter 3: ^^ ^^^ '*^' "§ 50. Area commanders " (a) The President may appoint, by and with the advice and consent of the Senate, a Commander, Atlantic Area, and a Commander, Pacific Area, each of whom shall be an intermediate commander between the Commandant and the district commanders in his respective area and shall perform such duties as the Commandant may prescribe. The area commanders shall be appointed from officers on the active duty promotion list serving above the grade of captain. The Commandant shall make recommendations for such appointments. " (b) An area commander shall, while so serving, have the grade of vice admiral with pay and allowances of that grade. The appointment of an area commander is effective on the date the officer assumes that duty, and terminates on the date he is detached from that duty. "§51. Retirement " (a) An officer who, while serving as Commander, Atlantic Area, or Commander, Pacific Area, is retired for physical disability shall be placed on the retired list with the grade and retired pay of vice admiral. "(b) An officer who is retired while serving as Commander, Atlantic Area, or Commander, Pacific Area, or who, after serving at least two and one-half years in the grade of vice admiral, is retired while serving in a lower grade, may in the discretion of the President, be retired with the grade and retired pay of vice admiral. "(c) An officer who, after serving less than two and one-half years in the grade of vice admiral, is retired while serving in a lower grade, shall be retired in his permanent grade and with the retired pay of that grade." (6) The first sentence of section 287 is amended by striking out the 77 Stat. 185. word and figures "or 289" and by inserting in lieu thereof the word and figures "289, or 290".

�


text:
Page:United States Statutes at Large Volume 86.djvu/798

 756

77 Stat. 187. 14 USC 290.

77 Stat. 179.

Report to mluTMoPre^s^r. dent.

.^3 s*^*„-_526;

64 Stat. 978.

PUBLIC LAW 92-451-OCT. 2, 1972

[86 STAT.

(7) Section 290 is amended to read as follows: '

"§ 290. Rear admirals; continuation on active duty; involuntary retirement " (a) The Secretary shall from time to time convene boards to recommend for continuation on active duty the most senior officers on the active duty promotion list serving in the grade of rear admiral who have not previously been considered for continuation in that grade. Officers serving for the time being or who have served in the grade of vice admiral are not subject to consideration for continuation under this subsection, and as to all other provisions of this section shall be considered as having been continued in the grade of rear admiral. A board shall consist of at least five officers serving in the grade of vice admiral or as rear admirals previously continued. Boards shall be convened frequently enough to assure that each officer serving in the grade of rear admiral is subject to consideration for continuation during a fiscal year in which he completes not less than four or more than five years service in that grade. "(b) The Secretary shall, based upon the needs of the service, furnish each board convened under this section with the number of officers to be considered for continuation on active duty. The number that may be recommended for continuation shall be not less than 50 per centum or more than 75 per centum of the number of officers being considered for continuation. «(c) The provisions of sections 253, 254, 258, and 260 of this title relating to selection and continuation boards shall to the extent they are not inconsistent with the provisions of this section, apply to boards convened under this section. " (d) A board convened under this section shall submit its report the Secretary may return the report for proceedings in revision and resubmission to the Secretary. After his final review the Secretary shall submit the report of the board to the President i o r his approval. "(e) Each officer who is considered but not continued on active duty under the provisions of this section shall, unless retired under some other provision of law, be retired on June 30 of the fiscal year in which the report of the continuation board convened under this section is approved. "(f) Each officer who is continued on active duty under the provisions of this section shall, unless retired under some other provision of law, be retired on June 30 of the fiscal year in which he completes a total of thirty-six years of active commissioned service, including service creditable for retirement purposes under sections 432, 433, 434 of this title. " (g) Notwithstanding subsection (f) of this section, the Commandant, with the approval of the Secretary, may by annual action retain on active duty from fiscal year to fiscal year any officer who would otherwise be retired under subsection (f). An officer so retained, unless retired under some other provision of law, shall be retired on June 30 of that fiscal year in which no action is taken to further retain him under this subsection." (8) The analysis of chapter 3 is amended by striking out: "47. Assistant Commandant; assignment; retirement." and inserting in lieu thereof: •'47. Vice Commandant; assignment: retirement. •'.10. Area commanders. •'51. Retirement.".
 * « the Secretary. If the board has acted contrary to law or regulation,

�


text:
Page:United States Statutes at Large Volume 86.djvu/799

 86 STAT. ]

PUBLIC LAW 92.452-OCT. 2, 1972

(9) The analysis of chapter 11 is amended by striking out: "290, Rear admirals; retention on the active list; involuntary retirement." and inserting in lieu thereof: "290. Rear admirals; continuation on active duty; involuntary retirement". SEC. 2. Subsection (f) of section 202 of title 37, United States Code, is amended to read as follows: "•(f) The number of rear admirals on the active list of the Coast (juard entitled to the basic pay of a rear admiral of the upper half is one-half of the number of officers on the active list in grades above captain, less the number of officers serving in grades above rear admiral. If the division results in an odd number, the odd number shall be placed in the upper half. However, an officer who is entitled to the basic pay of a rear admiral of the upper half may not have his basic pay reduced solely because the number of rear admirals is reduced." INTERIM

757

76 Stat. 454.

,

,,

PROVISIONS

SEC. 8. This Act is effective upon enactment except that continuation boards, pursuant to subsection (a) of section 290 of title 14, United States Code, as amended by this Act, may not be held until one year following enactment hereof. During the period of one year following enactment hereof the Secretary of the Department in which the Coast Guard is operating shall convene a board consisting of not less than three Coast Guard officers serving in the grade of vice admiral to recommend for continuation on active duty Coast Guard officers on the active duty promotion list serving in the grade of rear admiral, who during the fiscal year in which the board meets will complete not less than five years' service in that grade. Subsections (b) through (g) of section 290 and other sections of title 14, United States Code, as amended by this Act. apply to continuation board action taken pursuant to this section. Xo officer who is entitled to the basic pay of a rear admiral of the upper half may have his basic pay reduced because of the reduction which results from this Act in the number of officers entitled to the basic pay of a rear admiral of the upper lialf. Approved October 2, 1972.

Effective date, Ante, p. 756.

Public Law 92-452 JOINT RESOLUTION

October 2, 1972 T R e s 1351

TH

To authorize the President to issue a proclamation designating the week in —'.—'. Xovember of 1t*72 which includes Thanksgiving Day as "National Family Week".

'.

,..„.. ^

Reaoh^eil by the Seuute und Hoime of liepreseidat'tiiea of the United National >stateH of Amenc-a in Conyren.'^ (imemhled^ That the President is hereby ^-^^^ Family Week. authorized and re(iuested to issue a proclamation designating the week o^esignation Des beginning on the Sunday preceding the fourth Thursday in November authorization. ' = of 1972 as "Xational Family Week'' and inviting the Governors of the several States, the chief officials of local governments, and the people of the United States to observe such day with appropr-iate ceremonies and activities. Approved October 2, 1972.

�


text:
Page:United States Statutes at Large Volume 86.djvu/800

 758

PUBLIC LAW 92-453-OCT. 2, 1972

[86

STAT.

Public Law 92-453 October 2, 1972 [H. R. 7614]

Uniformed services; National Guard. Erroneous payments, waiver of claims. 70A Stat. 155; 76 Stat. 94. 10 USC 2 7 7 1.

76 Stat. 4 5 1; 80 Stat. 1 1 2 1.

AN ACT Ti) amend titles 5. lU. and 32. United States Code, to authorize the waiver of claims of the United States arising out of certain erroneous payments, fnid for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter 165 of title 10, United States Code, is amended— (1) by adding the following new section: "§ 2774. Claims for overpayment of pay and allowances, other than travel and transportation allowances "(a) A claim of the United States against a person arising out of an erroneous payment of any pay or allowances, other than travel and transportation allowances, made before or after the effective date of this section, to or on behalf of a member or former member of the uniformed services, as defined in section 101(3) of title 37. the collection of which would be against equity and good conscience and not in the best interest of the United States, may be waived in whole or in part by— " (1) the Comptroller General; or "(2) the Secretary concerned, as defined in section 101(5) of title 37, when— " (A) the claim is in an amount aggregating not more than $500; " (B) the claim is not the subject of an exception made by the Comptroller General in the account of any accountable officer or official • and " (C) the waiver is made in accordance with standards which the Comptroller General shall prescribe. " (b) The Comptroller General or the Secretary concerned, as the case may be, may not exercise his authority under this section to waive any claim— "(1) if, in his opinion, there exists, in connection with the claim, an indication of fraud, misrepresentation, fault, or lack of ^ood faith on the part of the member or any other person having an interest in obtaining a waiver of the claim; or "(2) if application for waiver is received in his office after the expiration of three years immediately following the date on which the erroneous payment of pay or allowances, other than travel and transportation allowances, was discovered. "(c) A person who has repaid to the United States all or part of the amount of a claim, with respect to which a waiver is granted under this section, is entitled, to the extent of the waiver, to refund, by the department concerned at the time of the erroneous payment, of the amount repaid to the United States, if he applies to that department for that refund within two years following the effective date of the waiver. The Secretary concerned shall pay from current applicable appropriations that refund in accordance with this section. " (d) I n the audit and settlement of accounts of any accountable officer or official, full credit shall be given for any amounts with respect to which collection by the United States is waived under this section. "(e) An erroneous payment, the collection of which is waived under this section, is considered a valid payment for all purposes. " (f) This section does not affect any authority under any other law to litigate, settle, compromise, or waive any claim of the United States."; and

�


text:
Page:United States Statutes at Large Volume 86.djvu/801

 86 STAT. ]

PUBLIC LAW 92-453-OCT. 2, 1972

'

759

(2) by adding the following new item at the end of the analysis: "2774. Claims for overpayment of pay and allowances, other than travel and transportation allowances." SEC. 2. Chapter 7 of title 32, United States Code, is amended— 7OA Stat. 612; (1) by adding the following new section: ^^^usc 701 travel and transportation allowances '"(a) A claim of the United States against a person arising out of an erroneous payment of any pay or allowances, other than travel and transportation allowances, made before or after the effective date of this section, to or on behalf of a member or former member of the National Guard, the collection of which would be against equity and good conscience and not in the best interest of the United States, may be waived in whole or in part by— "(1) the Comptroller General; or "(2) the Secretary concerned, as defined in section 101(5) of title 37, when— 76 Stat. 451; " (A) the claim is in an amount aggregating not more than so Stat. 1121. $500; " (B) the claim is not the subject of an exception made by the Comptroller General in the account of any accountable officer or official; and " (C) the waiver is made in accordance with standards which the Comptroller General shall prescribe. " (b) The Comptroller General or the Secretary concerned, as the case may be, may not exercise his authority under this section to waive any claim— "(1) if, in his opinion, there exists, in connection with the - . claim, an indication of fraud, misrepresentation, fault, or lack of good faith on the part of the member or any other person having an interest in obtaining a waiver of the claim; or "(2) if application for waiver is received in his office after the expiration of three years immediately followingthe date on which the erroneous payment of pay or allowances, other than travel ''' and transportation allowances, was discovered. "(c) A person who has repaid to the United States all or part of Refund. _ the amount of a claim, with respect to which a waiver is granted under this section, is entitled, to the extent of the waiver, to refund, by the department concerned at the time of the erroneous payment, of the /. - ,' ^ amount repaid to the United States, if he applies to that department '^'' ' ""'^' for that refund within two years following the effective date of the waiver. The Secretary concerned shall pay from current applicable appropriations that refund in accordance with this section. " (d) In the audit and settlement of accounts of any accountable 'iofficer or official, full credit shall be given for any amounts with respect ' " •' '' to which collection by the United States is waived under this section. "(e) An erroneous payment, the collection of which is waived under this section, is considered a valid payment for all purposes. " (f) This section does not affect any authority under any other law to litigate, settle, compromise, or waive any claim of the United States."; and -it ^t
 * § 716. Claims for overpayment of pay and allowances, other than
 * Q

(2) by adding the following new item at the end of the analysis: ' *'^' "716. Claims for overpayment of pay and allowances, other than travel and transportation allowances."

-081 0 - 7 3 - 5 1

�


text:
Page:United States Statutes at Large Volume 86.djvu/802

 760 80 Stat. 475. 5 USC 5501. 82 Stat. 1212.

81 Stat. 204.

PUBLIC LAW 92.454-OCT. 2, 1972

[86 STAT.

SEC. 3. Chapter 55 of title 5, United States Code, is amended as follows: (1) Section 5584 is amended by— (A) adding at the end of the catchline "and allowances, other than travel and transportation expenses and allowances and relocation expenses"; (B) inserting after "pay" in subsection (a) "or allowances, other than travel and transportation expenses and allowances and relocation expenses payable under section 5724a of this title"; (C) striking out "or" at the end of subsection (b)(1); (D) adding at the beginning of subsection (b)(2) the words "if application for waiver is received in his office," and by striking out from subsection (b)(2) "the effective date of this section" and inserting "October 21, 1968" in place thereof; and (E) substituting "; or" for the period at the end of subsection (b)(2) and adding a new j^aragraph (3) to subsection (b) to read as follows: "(3) if application for waiver is received in his office after the expiration of three years immediately following the date on which the erroneous payment of allowances was discovered or three years immediately following the effective date of the amendment authorizing the waiver of allowances, whichever is later." (2) The analysis is amended by adding "and allowances, other than travel and transportation expenses and allowances and relocation expenses" after "pay" in item 5584. Approved October 2, 1972. Public Law 92-454

October 2, 1972 [S. 1031]

D. C., substitute teachers. Civil service retirement credit. 80 Stat. 567; 84 Stat. 1191.

83 Stat. 136; Ante, p. 144.

Annuities, recomputation.

Repeal. D.C Code 31696.

AN ACT To credit certain service rendered by District of Columbia substitute teachers for purposes of civil service retirement. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 8332(b) of title 5, United States Code, is amended by— (1) striking out the word "and" at the end of paragraph (7); (2) striking out the period at the end of paragraph (8) and inserting in lieu thereof a semicolon and the word "and"; and (3) inserting after paragraph (8) the following new paragraph: " (9) subject to sections 8334(c) and 8339 (h) of this title, service as a substitute teacher for the government of the District of Columbia after July 1, 1955, if such service is not credited for benefits under any other retirement system established by a law of the United States." SEC. 2. An annuity or survivor annuity based on the service of an employee or annuitant who performed service described in section 1 of this Act shall, upon application to the Civil Service Commission, be recomputed, effective on the first day of the first month following the date of enactment of this Act, in accordance with section 1 of this Act. SEC. 3. Section 22 of Public Law 243, 84th Congress, enacted August 5, 1955 (69 Stat. 530), is repealed. Approved October 2, 1972. ...,.,,

,

...,..,. ^...

'3.

MV-

fir - O ^.0 in

�


text:
Page:United States Statutes at Large Volume 86.djvu/803

 86 STAT. ]

761

PUBLIC LAW 92-455-OCT. 2, 1972

Public Law 92-455

- n '|

'

AN ACT 'J'd make the basic pay of the Master Chief Petty OflSt-er of the Coast Guard comparable to the basic pay of the senior enlisted advisers of the other Armed Forces, 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 1401 of title 10, United States Code, is amended by deleting the word "or" between the phrases "Air Force," and "sergeant major" in the second sentence of footnote 4 of the table in that section and adding the words "or master chief petty officer of the Coast Guard," between the phrase "Marine Corps," and the word "compute". SEC. 2. Section 423 of title 14, United States Code, is amended by adding the following new sentence between the first and second sentences of the section: "In the case of an enlisted member who served as the master chief petty officer of the Coast Guard, his retired pay shall be computed at the highest basic pay applicable to him while he so served, if that basic pay is greater than the basic pay of the grade or rating to which he was otherwise entitled at the time of retirement." SEC. 3. Section 203(a) of title 37, United States Code, is amended by deleting the word "or" between the phrases "Air Force," and "Sergeant Major" in footnote 1 of the "ENLISTED MEMBERS" pay table in that section and adding the words "or Master Chief Petty Officer of the Coast Guard," between the phrase "Marine Corps," and the word "basic". SEC. 4. Section 411 of title 38, United States Code, is amended by deleting the word "or" between the phrases "Air Force," and "sergeant major" in footnote 1 of the table in that section and adding the words "or master chief petty officer of the Coast Guard," between the phrase "Marine Corps," and the word "at". SEC. 5. An enlisted member of the Coast Guard who has served as the master chief petty officer of the Coast Guard before enactment of this Act is entitled to recover the differences between the basic pay (including proficiency pay) received while so serving and the amount he would have received if his basic pay had been the same as the basic pay of the senior enlisted advisers of the other Armed Forces from the time of his original appointment to serve as the master chief petty officer of the Coast Guard. SEC. 6. (a) Section ft of the Act of June 20, 1918 (33 U.S.C. 763) is amended— (1) by striking out "or" at the end of clause (1) of the first sentence and by inserting after "Government," in clause (2) of that sentence the following: "or (3) are involuntarily separated from further performance of duty, except by removal for cause on charges of misconduct or delinquency, after completing twentyfive years in the active service of the Government, or after completing twenty years of such service and after reaching the age of fifty years,"; (2) by striking out "five years of service" in the first proviso of the first sentence and inserting in lieu thereof "three years of service"; and (3) by inserting immediately after the colon at the end of the first proviso the following: Provided further, That the retirement pay computed under the preceding proviso for any such officer or employee retiring under clause (3) shall be reduced by one-sixth of 1 per centum for each full month the officer or employee is under fifty-five years of age at the date of retirement:". (b) Ihe amendments made by subsection (a) of this section shall apply with respect to officers and employees to which such section 6 applies who are involuntarily separated or retired on or after the date 01 the enactment of this Act. Approved October 2, 1972.

October 2, 1972 [H. R.10486]

Coast Guard. Master Chief Petty Officer, pay increase. 81 Stat. 6 5 3.

63 Stat. 525.

85 Stat. 357.

Widow dependency and indemnity compensation. 85 Stat. 660.

Pay recovery.

Lighthouse Service retirement benefits. 40 Stat. 608; 81 Stat. 519.

Effective date.

�


text:
Page:United States Statutes at Large Volume 86.djvu/804

 762

PUBLIC LAW 92-456-OCT. 3, 1972 Public Law 92-456

October 3, 1972 [H. R. 14267]

,

[86

STAT.

^^

AN ACT To provide for the disposition of funds appropriated to pay a judgment in favor of the Delaware Tribe of Indians in Indian Claims Commission Docket Numbered 298, and the Absentee Deiaware Tribe of Western Oklahoma, and others, in Indian Claims Commission Docket Numbered 72, and for other purposes.

Be it enacted by the Senate and House of Representatives of the Indians. United States of America in Congress assembled, That the funds Delaware T r i b e s, appropriated by the Act of December 26, 1969 (83 Stat. 447, 453), to Okla. Judgment funds, pay a judgment in favor of the petitioners, the Delaware Tribe of disposition. Indians in docket 298, and the Absentee Delaware Tribe of Western Oklahoma, and others, in docket 72, together with any interest thereon, after payment of attorney fees, litigation expenses, and such expenses as may be necessary in effecting the provisions of this Act, shall be distributed as provided herein. Roll. SEC. 2. The Secretary of the Interior shall prepare a roll of all persons who meet the following requirements: (a) they were born on or prior to and were living on the date of this Act;, and (b) they are cidzens of the United States; and (c)(1) their name or the name of a lineal ancestor appears on the Delaware Indian per capita payroll approved by the Secretary on April 20, 1906, or (2) their name or the name of a lineal ancestor is on or is eligible to be on the constructed base census roll as of 1940 of the Absentee Delaware Tribe of Western Oklahoma, approved by the Secretary, Applications. SEC. 3. All applications for enrollment must be filed either with the Area Director of the Bureau of Indian Affairs, Muskogee, Oklahoma, or with the Area Director of the Bureau of Indian Affairs, Anadarko, Oklahoma, on or before the last day of the fourth full month following the date of this Act, and no application shall be accepted thereafter. The Secretary of the Interior shall give a rejection notice within sixty days after receipt of an application if the applicant is ineligible for enrollment. An appeal from a rejected application must be filed with the Area Director not later than thirty days from receipt of the notice of rejection. The Secretary shall make a final determination on each appeal not later than sixty days from the date it is filed. Each application and each appeal filed with the Area Director shall be reviewed by a committee composed of representatives of the two Oklahoma Delaware groups prior to submission of the application or appeal to the Secretary, and the committee shall advise the Area Director in writing of its judgment regarding the eligibility of the applicant. SEC. 4. (a) The Secretary of the Interior shall apportion to the Apportionment. Absentee Delaware Tribe of Western Oklahoma, as presently constituted, so much of the judgment fund and accrued interest as the ratio of the persons enrolled pursuant to subsection 2(c)(2) bears to the total number of persons enrolled pursuant to section 2. The funds so apnortioned to the Absentee Delaware Tribe of Western Oklahoma shall be placed to the credit of the tribe in the United States Treasury and shall be used in the following manner: 90 per centum of such funds shall be distributed in equal shares to each person enrolled pursuant to subsection 2(c)(2), and 10 per centum shall remain to the credit of the tribe in the United States Treasury, and may be advanced, expended, invested, or reinvested for any purpose that is authorized by the tribal governing body and approved by the Secretary of the Interior.

�


text:
Page:United States Statutes at Large Volume 86.djvu/805

 86 STAT. ]

PUBLIC LAW 92-458-OCT. 3, 1972

763

(b) The funds not apportioned to the Absentee Delaware Tribe of Western Oklahoma shall be placed to the credit of the Delaware Tribe of Indians in the United States Treasury and shall be used in the following manner: 90 per centum of such funds shall be distributed in equal shares to each person enrolled pursuant to subsection 2(c)(1), and 10 per centum shall remain to the credit of the tribe in the United States Treasury and may be advanced, expended, invested, or reinvested for any purpose that is authorized by the tribal governing body: Provided. That the Secretary of the Interior shall not approve the use of the funds remaining to the credit of the tribe until the tribe has organized a legal entity which in the judgment of the Secretary ade(i[uately protects the interests of its members. SKC. O. Sums payable to living enrollees age eighteen or older or to heirs or legatees of deceased enrollees age eighteen or older shall be paid directly to such persons. Sums payable to enrollees or their heirs or legatees who are under age eighteen or who are under legal disability other than minority shall be paid in accordance with such procedures, including the establishment of trusts, as the Secretary of the Interior determines appropriate to protect the best interests of such persons. Income SEC. H, Xoiie of the funds distributed per capita under W\^ provisior«emption. tax exof this Act shall be subject to Federal or State income taxes. Rules SEC. 7. The Secretary of the Interior is authorized to prescribe rules lations. and regunnd regulations to carry out the provisions of this Act. Approved October 3, 1972. Public Law 92-457 JOINT RESOLUTION

October 3, 1972

Designating, and authorizing the President to proclaim, February 11, 3UT8, as L". j. Res. 123.^ "National Inventors' Day",

Resolved by the Senate and House of Representatives of the United. States of America in Congress assenibted^ That, in honor of the impor- National inventant role played by inventors in promoting progress in the useful *°Des?gnation arts and in recognition of the invaluable contribution of inventors to authorization. the welfare of our people, February 11, 1973, is hereby designated •'National Inventors' Day". The President is authorized and requested to issue a proclamation calling upon the people of the United States to celebrate such day with appropriate ceremonies and activities. Approved October 3, 1972. Public Law 92-458 AN ACT

October 3, 1972

• To provide relief for certain prewar Japanese bank claimants.

[H. R. 8215]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstand- Japaneseing any other provision of law to the contrary, persons of Japanese To'kohama ancestry interned or paroled pursuant to the Alien Enemy Act dur- specie Bank, ing World W a r II may assert debt claims based upon yen certificates mlnV.''^^""^' ^^^" of deposit issued by the pre-World W a r II Hawaiian or United States so use 21. branches of the Yokohama Specie Bank, Limited, payable from the vested assets of the bank remaining in the custody of the Attorney General after final distribution is made under the April 30, 1968, judgments and decrees of the United States District Court for the

�


text:
Page:United States Statutes at Large Volume 86.djvu/806

 764

Filing date.

70 Stat. 331. SO u s e app. 20. 60 Stat. 925. 50 USC app. 34.

Yen-dollar conversion ratio.

PUBLIC LAW 92-459-OCT. 3, 1972

[86

STAT.

District of Columbia in Honda against Clark, civil action numbered 1179-64. Legal representatives or successors in interest, by inheritance, devise, bequest, or operation of law, of debt claimants, other than persons who would themselves be disqualified from allowance of a debt claim, may apply for and receive payment to the same extent as their predecessors in interest would have. Claims under this Act shall be filed not later than one hundred and eighty days after the date of enactment of this Act with the Office of Alien Property of the Department of Justice. SEC. 2. Claims payable under this Act shall be subject to section 20 of the Trading With the Enemy Act, and required to meet all conditions of allowability and defenses prescribed by section 34(a) of the Trading With the Enemy Act, except the provision concerning allowance of claims of persons interned or paroled pursuant to the Alien Enemy Act, and the defense that the underlying debt obligation has been released or exonerated on or after November 14, 1967, by its redemption or surrender for consideration. SEC. 3. Claims shall be payable at the same yen-dollar conversion ratio afforded to claimants under the consent decree of the United States District Court for the District of Columbia of April 30, 1968, in Honda against Clark, civil action numbered 1179-64, to the extent funds are available therefor. SEC. 4. Payments under this Act shall be made as expeditiously as possible. All determinations with respect to the form and content of claims under this Act, the proof thereof and all other matters related to proceedings on such claims, including the allowance and disallowance thereof and the proration of available Yokohama Specie Bank assets among allowed claims if insufficient for full payment, shall be within the sole discretion of the Attorney General or his designee and shall not be subject to review by any court. ..,, j Approved October 3, 1972. Public Law 92-459

October 3, 1972 [H. R. 4634]

Camp Withycombe, e i a c k amas County, Greg. Land use condition, r e l e a s e. 70 Stat. 793.

AN ACT To direct the Secretary of the Army to release on behalf of the United States a condition in a deed conveying certain land to the State of Oregon to be used as a public highway.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding the provisions of section 2 of the Act of August 1, 1956, the Secretary of the Army is authorized and directed to release or modify on behalf of the United States the reservation and conditions in a deed dated November 9, 1956, conveying land in Clackamas County, Oregon, to the State of Oregon (as reflected on drawing 4540, filed with the district engineer, Seattle, Washington) one of which requires the land so conveyed to be used for military purposes only and provides for a reversion of such land to the United States if at any time it ceases to be so used, but only with respect to a sixty-foot right-of-way cutting across the northwest corner of such land for a distance of approximately three hundred and forty to four hundred feet, and cmly if the State of Oregon or an authorized agency of the State conveys such right-of-way (subject to section 2 o:^ this Act^ to Clackamas County to be used as a public highw^ay to provide a direct intertie between Clackamas County Road 40 and Mather Eoad. SEC. 2. The release and the deed of conveyance of the right-of-way to Clackamas County as authorized under the first section of this

�


text:
Page:United States Statutes at Large Volume 86.djvu/807

 86 STAT. ]

765

PUBLIC LAW 92-460-OCT. 4, 1972

Act shall provide that the right-of-way shall be used only as a public, highway and for related purposes, and if such right-of-way at any time ceases to be so used, title thereto shall immediately revert to the State of Oregon, together with any improvements made by Clackamas County without payment of compensation therefor, and, in which event, the right-of-way shall again become a part of Camp Withycombe and be subject to the same reservation and conditions set forth in the aforementioned deed of November 9, 1956. SEC. 3. The Secretary is authorized to impose such additional terms and conditions on the release and conveyance authorized by this Act as he deems necessary to protect the interests of the United States. SEC. 4. The cost of any surveys necessary as an incident of the release and conveyance authorized by this Act shall be borne by the grantee. Approved October 3, 1972. j Public Law 92-460 AN ACT To amend the Railroad Retirement Act of 1937 to provide a temporary 20 per centum increase in annuities, to simplify administration of the Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 3(a) of the Railroad Retirement Act of 1937 is amended by inserting at the end thereof the following new paragraph: "(5) The individual's annuity computed under the preceding provisions of this subsection and that part of subsection (e) of this section which precedes the first proviso shall be increased by 20 per centum.". (b) Section 2(e) of such Act is amended— (1) by striking out "section 3(a)(3) or (4) of this Act'- and inserting in lieu thereof "section 3(a)(3), (4), or (5) of this Act"; (2) by striking out the second sentence of the last paragraph; and (3) by adding at the end thereof the following new paragraph: "The spouse's annuity computed under the other provisions of this section shall (before any reduction on account of age) be increased by 20 per centum. The preceding sentence and the other provisions of this subsection shall not operate to increase the spouse's annuity (before any reduction on account of age) to an amount in excess of the maximum amount of a spouse's annuity as provided in the first sentence of this subsection. This paragraph shall be disregarded in the application of the preceding two paragraphs." (c) Section 2(i) of such Act is amended by striking out "the last two paragraphs" and inserting in lieu thereof "the last paragraph plus the two preceding paragraphs". (d) Section 3(e) of such Act is amended— (1) by striking out the word "and" after clause (iv) in the second paragraph thereof and inserting after the semicolon in clause (v) in such second paragraph the following new clauses: "(vi) individuals not entitled to an annuity under section 2 or .5 of this Act shall not be included in the computation under such first proviso except a spouse who could qualify for an annuity under section 2(e) or (h) of this Act if the employee from whom the spouse's annuity under this Act would derive had attained age sixty-five, and such employee's children who meet the definition

October 4, 1972 [H. R. 1 5 9 2 7 ]

Railroad Retirement Act of 1937, amendment. Annuities increase. 82 Stat. 17; 85 Stat. 101. 45 USC 228c. S p o u s e ' s annuity. 85 Stat. 101. 45 USC 228b.

Minimum annuity. 82 Stat. 18. 45 USC 228c.

45 USC 228b, 228e. Supra.

�


text: Author:Frederick John Jervis-Smith

title: Author:Frederick John Jervis-Smith


text:
Page:United States Statutes at Large Volume 86.djvu/808

 766 72 Stat. 1028; 81 Stat. 860. 42 USC 416. 70 Stat. 815; 72 Stat. 1020; 81 Stat. 867. 42 USC 423.

53 Stat. 1362. 42 USC 401.

79 Stat. 364. 42 USC 415.

60 Stat. 733; 65 Stat. 688; 82 Stat. 20. 45 USC 228e. 85 Stat. 101.

50 Stat. 312; 49 Stat. 967. 45 USC 228f, 215-228 notes.

Ante, p. 765.

Re certification.

Percentage adjustment.

PUBLIC LAW 92-460-OCT. 4, 1972

[86

STAT.

as such contained in section 216(e) of the Social Security Act; (vii) after an annuity has been certified for payment and such first proviso was inapplicable after allowing for any waiting period under section 223(c)(2) of the Social Security Act, and after having considered the inclusion of all persons who were then eligible for inclusion in the computation under such first proviso, or was then applicable but later became inapplicable, any recertification in such annuity under such first proviso shall not take into account individuals not entitled to an annuity under section 2 or 5 of this Act except a spouse who could qualify for an annuity under section 2(h) of this Act when she attains age sixty-two if the employee from whom the spouse's annuity would derive had attained age sixty-five, and who was married to such employee at the time he applied for the employee annuity; (viii) in computing the amount to be paid under such first proviso, the only benefits under title II of the Social Security Act which shall be considered shall be those to which the individuals included in the computation are entitled; (ix) the average monthly wage for an employee during his lifetime shall include (A) only his wages and self-employment income creditable under the Social Security Act through the later of December 31, 1971, or December 31 of the year preceding the year in which his annuity began to accrue, and (B) his compensation up to the date his annuity began to accrue; and (x) in computing the average monthly wage in clause (ix) above, section 215(b)(2)(C) (ii) of the Social Security Act shall, solely for the purpose of including compensation up ty» the date the employee's annuity began to accrue, be deemed to read as follows: 'the year succeeding the year in which he died or retired' "; and (2) by striking out in the third paragraph thereof ", or on application, would be". (e) Section 5(1)(1) of such Act is amended by striking out from the first sentence thereof "and (g) " and inserting in lieu thereof " (g), and(k)". (f) Section 5 of such Act is further amended by inserting at the end thereof the following new subsection: " (p) A survivor's annuity computed under the preceding provisions of this section (except an annuity in the amount determined under the proviso in subsection (a) or (b)) shall (before any reduction on account of age) be increased by 20 per centum." S E C 2. (a) All pensions under section 6 of the Railroad Retirement Act of 1937, all annuities under the Railroad Retirement Act of 1935, and all survivor annuities deriving from joint and survivor annuities under the Railroad Retirement Act of 1937 shall be increased by 20 per centum. (b) All such widows' and widowers' insurance annuities which are payable in the amount of the spouse's annuity to which the widow or widower was entitled, shall, in cases where the employee died prior to October 1, 1972, be increased by 20 per centum. (c) All such joint and survivor annuities shall be computed under section 3(a) of the Railroad Retirement Act of 1937 and shall be reduced by the percentage determined in accordance with the election of such annuity. SEC. 3. All recertifications required by reason of the amendments made by this Act shall be made by the Railroad Retirement Board without application therefor. SEC. 4, JFor the purposes of approximating the offsets in railroad retirement benefits for increases in social security benefits by reason of amendments prior to the Social Security Amendments of 1971, the Railroad Retirement Board is authorized to prescribe adjustments in

�


text:
Page:United States Statutes at Large Volume 86.djvu/809

 86 STAT.]

767

PUBLIC LAW 92-460-OCT. 4, 1972

the percentages in the Railroad Retirement Act of 1937 and laws pertaining thereto in order that these percentages, when applied against current social security benefits not in excess of the primary insurance amount applicable for an average monthly wage of $650, will produce approximately the same amounts as those computed under the law in effect, except for changes in the wage base, before the Social Security Amendments of 1971 were enacted. SEC. 5. (a) The amendments made by this Act, except for subsections (d) and (e) of section 1, shall be effective with respect to annuities accruing for months after August, 1972 and with respect to pensions due in calendar months after September, 1972. The provisions of clauses (vi) through (x). which are added by section 1(d)(1) of this Act, and the provisions of section 1(d)(2) of this Act, shall be effective as follows: clause (vi) shall be effective with respect to annuities awarded after the enactment of this Act; clauses (vii) and (viii), and the provisions of section (1)(d)(2), shall be effective with respect to annuities awarded oi- recertified after the enactment of this Act; and clauses (ix) and (x) shall be effective with respect to calendar years after 1971. (b) The first three sections of this Act, except for subsections (d) and (e) of section 1, and the amendments made by such sections, shall cease to apply as of the close of June 30, 1973. Annuities accruing for months after June 30, 1973, and pensions due in calendar months after June 30, 1973, shall be computed as if the first three sections of this Act, except for subsections (d) and (e) of section 1, and the amendments made by such sections, had not been enacted. SEC. 6. I t is the policy of the Congress of the United States that the 20-percent increase in annuities of Railroad Retirement beneficiaries provided by this Act, as well as the 10-percent and 15-percent Increases provided by Public Law 92-46 and Public Law 91-377, respectively, all of which will expire by the terms of such Acts on June 30, 1973, can be made permanent only if at the same time a method is adopted to insure the receipt of sufficient revenues by the Railroad Retirement Account to make such Account financially solv'^ent based on sound actuarial projections. Accordingly, representatives of employees and retirees and representatives of carriers shall, no later than March 1, 1973, submit to the Senate Committee on Labor and Public Welfare and the House of Representatives Committee on Interstate and Foreign Commerce a report containing the mutual tecommendations of such representatives based upon their negotiations and taking into account the report and specific recommendations of the Commission on Railroad Retirement designed to insure such solvency. A copy of the report of such representatives shall also be submitted to the Railroad Retirement Board, which, no later than April 1, 1973, shall submit to such committees of the Congress a report containing its views and specific recommendations, and those of the administration, with reference to the report submitted by such lepresentatiA-es.

CARL ALBERT Speaker of the House of Representatives. JAMES B. A L L E N

Acting President of the Senate pro tempore.

50 Stat. 307. 45 USC 228a.

Effective dates.

Termination date.

85 Stat. 101; 84 Stat. 791.

Report to congressional committees.

Report to congressional committees.

�


text:
Page:The Eurypterida of New York Volume 1.pdf/423

 convex, the antelateral angles prominent, well rounded; the basal margin straight transverse. The lateral eyes are large, a little more than one third the length of the carapace, subcircular, situated as stated. The type is 4.7 mm long and 5.5 mm wide.

This species is based on several small carapaces with portions of the abdomen and a leg [see text fig. 99] which suggest the following description:

Carapace subrectangular, broad, length to width as 5:8. Lateral margins nearly straight, slightly converging forward, anterior margin gently emarginate in the middle, posterior margin straight transverse. Lateral eyes very large, between one half and one third the length of the carapace, circular, situated subcentrally, as far apart as their length. Basal margin straight transverse. Lateral and anterior margins with a broad thick border, probably originating from a doublure on the underside. Body slender, hardly expanding posteriorly and gradually contracting to postabdomen. One leg [see text fig. 99] observed which appears to consist of spineless tubular, striated segments, as in Stylonurus. Length of carapace of type [text fig. 99], 5 mm; width, 7.5 mm.

We have referred this species to Stylonurus rather than to Eurypterus on account of the aspect of the carapace, with its broad border, large eyes and broad, subrectangular outline; the slender form of the leg which resembles the posterior walking leg of Stylonurus.


text:
Page:United States Statutes at Large Volume 86.djvu/810

 768

PUBLIC LAW 92-461-OCT. 6, 1972 (if.

-'riu H A

[86 STAT.

' IN THE HOUSE OF REPRESENTATIVES, U.S.,. - ^ .. October 4, 1972.

The House of Representatives having proceeded to reconsider the bill (H. R. 15927) entitled "An Act to amend the Railroad Retirement Act of 1937 to provide a temporary 20 per centum increase in annuities, to simplify administration of the Act, and for other purposes," returned by the President of the United States with his objections, to the House of Representatives, in v^hich it originated, it was Resolved, That the said bill pass, two-thirds of the House of Representatives agreeing to pass the same. / ^"®^*-

W. P A T JENNINGS Clerk.

I certify that this Act originated in the House of Representatives. W. P A T JENNINGS Clerk. By: W. Raymond Colley

fiO!S»;riif07?»T

IN THE SENATE OF THE UNITED STATES, October 4, 1972. ret,

^

.„,,,, -mo;ft(,

The Senate having proceeded to reconsider the bill (H. R. 15927) entitled "An Act to amend the Railroad Retirement Act of 1937 to provide a temporary 20 per centum increase in annuities, to simplify administration of the Act, and for other purposes", returned by the President of the United States with his objections to the House of Representatives, in which it originated, it was Resolved, That the said bill pass, two-thirds of the Senators present having voted in the affirmative. Attest: FRANCIS R.VALEO

,.

J,

Secretary. By: Darrell St. ,, P u b l i c Law 92-461

i,.,,

,

Assistant

Claire

Secretary. ......

-i-

October 6, 1972

AN ACT

[H. R. 8694]

'1-,, provide for the disposition of funds appropriated to pay a judgment in favor of the Yavapai Apache Tribe in Indian Claims Commission dockets numbered 22-E and 22-F, and for other puriMises.

Be Ji enacted by the Senate and House of Representatives of the Yavapai Indians. f United States of America in Co^igress assembled.^ That the funds diipofmon.'"" appropriated by the Act of July 22, 1969 (83 Stat. 49, 62), to pay a judgment to the Yavapai Indians in Indian Claims Commission dockets numbered 22-E and 22-F, together -with any interest thereon,

�


text:
Page:United States Statutes at Large Volume 86.djvu/811

 86 STAT. ]

PUBLIC LAW 92-462-OCT. 6, 1972

769

after payment of attorney fees and litigation expenses and the costs of carrying out the provisions of this Act, shall be distributed as pro^'ided herein. ._ _. '.,'.. SEC. 2. The Secretary of the Interior shall set aside for the benefit of the Payson Indian I^and, at Payson, Arizona, 3.5 per centum of the net judgment funds described in section 1 of this Act, which shall be disposed of pursuant to section 4 hereof. SEC. 3. For the purposes of apportioning the funds, the Yavapai R°"s. >• Apache Indian Community of the Camp Verde Reservation, the Fort McDowell Mohave-Apaclie Community, and the Yavapai-Prescott Community shall prepare rolls of all persons who were born on or prior to and living on the date of this Act, and who are enrolled or entitled to be enrolled in accordance with the respective tribal constitutions or articles of association, as the case may be, in effect on April 1, 1972. The Secretary of the Interior shall verify and approve the rolls. SEC. 4. Upon completion and approval of the rolls as provided in section 3 of this Act, the balance of the funds not set aside pursuant to section 2 hereof shall be apportioned among the cited groups in section ^ » 3 on the basis of the number of enrollees in each group. The funds so apportioned shall be redeposited in the Treasury of the United States to the credit of the respective groups and may be advanced, expended, invested, or reinvested in any manner authorized by the governing bodies and approved by the Secretary. All funds so accruing to the Payson Band pursuant to section 2 hereof shall be utilized pursuant to a plan agreed upon between the governing body elected by the Payson Indian community or by the members thereof at a meeting called in accordance with the rules prescribed by the Secretary of the Interior. - SEC. 5. None of the funds distributed per capita under the provisions M^nor enTone°"c of this Act shall be subject to Federal or State income taxes. Sums protection"^f ^^'' payable to enrollees or heirs or legatees who are less than eighteen years ^^t^"^^^*^• of age or who are under a legal disability shall be paid in accordance with such procedures, including the establishment of trusts, as the Secretary determines appropriate to protect the best interests of such persons. SEC. 6. The Secretary is authorized to prescribe rules and regulations ^"/^,^ ^"'^.

,

.•'.

i»ir'

A J.

regulations.

to carry out the provisions of this Act. Approved October 6, 1972. Public Law 92-462

i^; L,:.-ir: AN

ACT

'^ *

' • ' •

To provide for the disposition of funds appropriated to pay a.Indgmeut in favor of the Pueblo de Acoma in Indian Claims Commission docket numbered 266, and for other puri'^ses.

October 6, 1972

[H. R. 10858]

Be It enacted by the Senate and House of ReyfeaeritAiticeH of the United Staten of America in Congress assembled, That the funds on Indians. deposit in the Treasury of the United States to the credit of the Pueblo Aco^a. ° de Acoma that were appropriated by the Act of January 8, 1971 (84 judgment funds, Stat. 1981), to pay a judgment by the Indian Claims Commission in di^p°«ition. docket numbered 2Hf), and interest thereon, after payment of attorney fees and litigation expenses, may be advanced, expended, invested, or reinvested for any purpose that is authorized by the tribal governing body and approved by the Secretary of the Interior. SEC. 2. Xone of the funds distributed per capita under the provisions Tax exemption. of this Act shall be subject to Federal or State income taxes. Rules and SEC. 3. The Secretary of the Interior is authorized to prescribe rules regulations. and regulations to carry out the provisions of this Act. Approved October 6, 1972.

�


text:
Page:United States Statutes at Large Volume 86.djvu/812

 770

PUBLIC LAW 92-463-OCT. 6, 1972 Public Law 92-463

October 6, 1972 [H. R. 4383]

[86 STAT.

...

AN ACT To authorize the establishment of a system governing the rreation and operation of advisory committees in the executive branch of the Federal Government, and for other purposes.

Be it enacted by the Senate and House of Representatives of the soT^'^clV.rMee United States of America in Congress assembled, That this Act may AcL be cited as the "Federal Advisory Committee Act". FINDINGS AND

PURPOSES

SEC. 2. (a) The Congress finds that there are numerous committees, boards, commissions, councils, and similar groups which have been established to advise officers and agencies in the executive branch of the Federal Government and that they are frequently a useful and beneficial means of furnishing expert advice, ideas, and diverse opinions to the Federal Government. (b) The Congress further finds and declares that^— (1) the need for many existing advisory committees has not been adequately reviewed; (2) new advisory committees should be established only when they are determined to be essential and their number should be kept to the minimum necessary; (3) advisory committees should be terminated when they are no longer carrying out the purposes for which they were established; (4) standards and uniform procedures should govern the establishment, operation, administration, and duration of advisory committees; (5) the Congress and the public should be kept informed with respect to the number, purpose, membership, activities, and cost of advisory committees; and (6) the function of advisory committees should be advisory only, and that all matters under their consideration should be determined, in accordance with law. by the official, agency, or officer involved. ,, ,,, DEFINITIONS

SEC. 8. For the purpose of this Act— (1) The term "Director" means the Director of the Office of Management and Budget. (2) The term "advisory committee" means any committee, board, commission, council, conference, panel, task force, or other similar group, or any subcommittee or other subgroup thereof (hereafter in this paragraph referred to as "committee"), which is— (A) established by statute or reorganization plan, or (B) established or utilized by the President, or (C) established or utilized by one or more agencies, in the interest of obtaining advice or recommendations for the President or one or more agencies or officers of the Federal Government, except that such term excludes (i) the Advisory Commission on Intergovernmental Relations, (ii) the Commission on Government Procurement, and (iii) any committee which is composed wholly of full-time officers or employees of the Federal Government.

�


text:
Page:United States Statutes at Large Volume 86.djvu/813

 86

STAT.]

PUBLIC LAW 92-463~OCT. 6, 1972

(3) The term "agency" has the same meaning as in section 551 (1) of title 5, United States Code. (4) The term "Presidential advisory committee" means an advisory committee which advises the President.

771

80 Stat. 381.

APPLICABILITY

SEC. 4. (a) The provisions of this Act or of any rule, order, or regulation promulgated under this Act shall apply to each advisory committee except to the extent that any Act of Congress establishing any such advisory committee specifically provides otherwise. (b) Nothing in this Act shall be construed to apply to any advisory committee established or utilized by— (1) the Central Intelligence Agency; or (2) the Federal Reserve System. (c) Nothing in this Act shall be construed to apply to any local civic group whose primary function is that of rendering a public service with respect to a Federal program, or any State or local committee, council, board, commission, or similar group established to advise or make recommendations to State or local officials or agencies. RESPONSIBILITIES

O F CONGRESSIONAL

Restrictions,

COMMITTEES

SEC. 5. (a) I n the exercise of its legislative review function, each standing committee of the Senate and the House of Representatives shall make a continuing review of the activities of each advisory committee under its jurisdiction to determine whether such advisory committee should be abolished or merged with any other advisory committee, whether the responsibilities of such advisory committee should be revised, and whether such advisory committee performs a necessary function not already being performed. Each such standing committee shall take appropriate action to obtain the enactment of legislation necessary to carry out the purpose of this subsection. (b) I n considering legislation establishing, or authorizing the establishment of any advisory committee, each standing committee of the Senate and of the House of Representatives shall determine, and report such determination to the Senate or to the House of Representatives, as the case may be, whether the functions of the proposed advisory committee are being or could be performed by one or more agencies or by an advisory committee already in existence, or by enlarging the mandate of an existing advisory committee. Any such legislation shall— (1) contain a clearly defined purpose for the advisory committee; (2) require the membership of the advisory committee to be fairly balanced in terms of the points of view represented and the functions to be performed by the advisory committee; (3) contain appropriate provisions to assure that the advice and recommendations of the advisory committee will not be inappropriately influenced by the appointing authority or by any special interest, but will instead be the result of the advisory committee's independent judgment; (4) contain provisions dealing with authorization of appropriations, the date for submission of reports (if any), the duration of the advisory committee, and the publication of reports and other materials, to the extent that the standing committee determines the provisions of section 10 of this Act to be inadequate; and

Guidelines.

�


text:
Page:United States Statutes at Large Volume 86.djvu/814

 772

PUBLIC LAW 92-463-OCT. 6, 1972

[86 STAT.

aoi

• Ifit.!«'« CA

(5) contain provisions which will assure that the advisory committee will have adequate staff (either supplied by an agency or employed by i t), will oe provided adequate quarters, and will have funds available to meet its other necessary expenses, (c) To the extent they are applicable, the guidelines set out in subsection (b) of this section shall be followed by the President, agency heads, or other Federal officials in creating an advisory committee. KESPONSIBILITIKS OF THE

Report to Congress.

Annual report to C o n g r e s s.

Exclusion.

PRESmENT

SEC. 6. (a) The President may delegate responsibility for evaluating and taking action, where appropriate, with respect to all public recommendations made to him by Presidential advisory committees. (b) Within one year after a Presidential advisory committee has submitted a public report to the President, the President or his delegate shall make a report to the Congress stating either his proposals for action or his reasons for inaction, with respect to the recommendations contained in the public report. (c) The President shall, not later than March 31 of each calendar year (after the year in which this Act is enacted), make an annual report to the Congress on the activities, status, and changes in the composition of advisory committees in existence during the preceding calendar year. The report shall contain the name of every advisory committee, the date of and authority for its creation, its termination <iate or the date it is to make a report, its functions, a reference to the reports it has submitted, a statement of whether it is an ad hoc or (.'ontinuing body, the dates of its meetings, the names and occupations of its current members, and the total estimated annual cost to the United States to fund, service, supply, and maintain such committee. Such report shall include a list of those advisory committees abolished by the President, and in the case of advisory committees established by statute, a list of those advisory committees which the President recommends be abolished together with his reasons therefor. The President shall exclude from this report any information which, in his judgment, should be withheld for reasons of national security, and he shall include in such report a statement that such information is excluded. RESPONSIBILITIES OF THE DIRECTOR, OFFICE OF M A N A G E M E N T A N D BUDGET

Committee Management Secretariat, establishment. Review.

Recommendations to P r e s i d e n t and C o n g r e s s. Agency cooperation.

SEC. 7. (a) The Director shall establish and maintain within the Office of Management and Budget a Committee Management Secretariat, which shall be responsible for all matters relating to advisory committees. (b) The Director shall, immediately after the enactment of this Act, institute a comprehensive review of the activities and responsibilities of each advisory committee to determine— (1) whether such committee is carrying out its purpose; (2) whether, consistent with the provisions of applicable statutes, the responsibilities assigned to it should be revised; (3) whether it should be merged with other advisory committees; or (4) whether is should be abolished. The Director may from time to time request such information as he deems necessary to carry out his functions under this subsection. Upon the completion of the Director's review he shall make recommendations to the President and to either the agency head or the Congress with respect to action he believes should be taken. Thereafter, the Director shall carry out a similar review annually. Agency heads shall cooperate with the Director in making the reviews required by this subsection.

�


text:
Page:United States Statutes at Large Volume 86.djvu/815

 86 STAT. ]

PUBLIC LAW 92-463-OCT. 6, 1972

773

(c) The Director shall prescribe administrative guidelines and man- guTdei°n^8."''* agement controls applicable to advisory committees, and, to the maximmn extent feasible, provide advice, assistance, and guidance to advisory committees to improve their performance. In carrying out his functions under this subsection, the Director shall consider the recommendations of each agency head with respect to means of improving the performance of advisory committees vrhose duties are related to such agency. (d)(1) The Director, after study and consultation with the Civil umform pay •y

'

AH

•

•

T I T

i T i ' T i -

•!

•/»

guidelines.

feervice Commission, shall establish guidelines with respect to uniform fair rates of pay for comparable services of membersj staffs, and con,,,.,;: sultants of advisory committees in a manner which gives appropriate recognition to the responsibilities and qualifications required and other relevant factors. Such regulations shall provide that— (A) no member of any advisory committee or of the staff of any advisory committee shall receive compensation at a rate in excess of the rate specified for GS-18 of the General Schedule under 5 USC 5332 note. section 5332 of title 5, United States Code; and (B) such members, while engaged in the performance of their Travel expenses, duties away from their homes or regular places of business, may ' be allo\^ed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, 83*stSI^V9V^' for persons employed intermittently in the Government service. (2) Nothing in this subsection shall prevent— (A) an individual who (without regard to his service with an advisory committee) is a full-time employee of the United States, or (B) an individual who immediately before.his service with an advisorv committee was such an employee, from receiving compensation at the rate at which he otherwise would be compensated (or was compensated) as a full-time employee of the United States. (e) The Director shall include in budget recommendations a sum- Expense recomp.i

j

i

i

p

l^

j ! i '

mendations.

mary oi the amounts he deems necessary for the expenses oi advisory committees, including the expenses for publication of reports where appropriate. RESPONSIBILITIES

OF AGENCY HEADS

- -^

,,,

-

SEC. 8. (a) Each agency head shall establish uniform administrative ..,,, / guidelines and management controls for advisory committees established by that agency, which shall be consistent with directives of the ^, <, ,. y Director under section 7 and section 10. Each agency shall maintain •* systematic information on the nature, functions, and operations of each advisory committee within its jurisdiction. (b) The head of each agency which has an advisory committee shall Advisory comdesignate an Advisory Committee Management Officer who shall— menrc^nt"of^" (1) exercise control and supervision over the establishment, officer, designsprocedures, and accomplishments of advisory committees estab- '*°"' fished by that agency; (2) assemble and maintain the reports, records, and other papers of any such committee during its existence; and (3) carry out, on behalf of that agency, the provisions of sec- 81 Stat. 54. tion 552 of title 5, United States Code, with respect to such reports, records, and other papers. ESTABLISHMENT AND PURPOSE <^F ADVISORY

COMMITTEES

SEC. 9. (a) No advisory committee shall be established unless such establishment is— (1) specifioally authorized by statute or by the President; or

�


text:
Page:United States Statutes at Large Volume 86.djvu/816

 774 Publication in Federal Register.

Charter, filing.

Copy.

PUBLIC LAW 92-463-OCT. 6, 1972

[86

STAT.

(2) determined as a matter of formal record, by the head of the agency involved after consultation with the Director, with timely notice published in the Federal Register, to be in the public interest in connection with the performance of duties imposed on that agency by law. (b) Unless otherwise specifically provided by statute or Presidential directive, advisory committees shall be utilized solely for advisory functions. Determinations of action to be taken and policy to be expressed with respect to matters upon which an advisory committee reports or makes recommendations shall be made solely by the President or an officer of the Federal Government. (c) No advisory committee shall meet or take any action until an advisory committee charter has been filed with (1) the Director, in the case of Presidential advisory committees, or (2) with the head of the agency to whom any advisory committee reports and with the standing committees of the Senate and of the House of Representatives having legislative jurisdiction of such agency. Such charter shall contain the following information: (A) the committee's official designation; (B) the committee's objectives and the scope of its activity; (C) the period of time necessary for the committee to carry out its purposes; (D) the agency or official to whom the committee reports; (E) the agency responsible for providing the necessary support for the committee; (F) a description of the duties for which the committee is responsible, and, if such duties are not solely advisory, a specification of the authority for such functions; (G) the estimated annual operating costs in dollars and manyears for such committee; (H) the estimated number and frequency of committee meetings; (I) the committee's termination date, if less than two years from the date of the committee's establishment; and (J) the date the charter is filed. A copy of any such charter shall also be furnished to the Library of Congress. ADVISORY COMMITTEE PROCEDTJEES

Meetings. Notice, publication in Federal Register. Regulations.

n Stat. 54.

Minutes.

SEC. 10. (a)(1) Each advisory committee meeting shall be open to the public. (2) Except when the President determines otherwise for reasons of national security, timely notice of each such meeting shall be published in the Federal Register, and the Director shall prescribe regulations to provide for other types of public notice to insure that all interested persons are notified of such meeting prior thereto. (3) Interested persons shall be permitted to attend, appear before, or file statements with any advisory committee, subject to such reasonable rules or regulations as the Director may prescribe. (b) Subject to section 552 of title 5, United States Code, the records, reports, transcripts, minutes, appendixes, working papers, drafts, studies, agenda, or other documents which were made available to or prepared for or by each advisory committee shall be available for public inspection and copying at a single location in the offices of the advisory committee or the agency to which the advisory committee reports until the advisory committee ceases to exist. (c) Detailed minutes of each meeting of each advisory committee shall be kept and shall contain a record of the persons present, a complete and accurate description of matters discussed and conclusions reached, and copies of all reports received, issued, or approved by the

�


text:
Page:United States Statutes at Large Volume 86.djvu/817

 86

STAT.]

775

PUBLIC LAW 92-463-OCT. 6, 1972

advisory committee. The accuracy of all minutes shall be certified to by the chairman of the advisory committee. (d) Subsections (a)(1) and (a)(3) of this section shall not apply to any advisory committee meeting which the President, or the head of the agency to which the advisory committee reports, determines is concerned with matters listed in section 552(b) of title 5, United States Code. Any such determination shall be in writing and shall contain the reasons for such determination. If such a determination is made, the advisory committee shall issue a report at least annually setting forth a summary of its activities and such related matters as would be informative to the public consistent with the policy of section 552(b) of title 5, United States Code. (e) There shall be designated an officer or employee of the Federal Government to chair or attend each meeting of each advisory committee. The officer or employee so designated is authorized, whenever he determines it to be in the public interest, to adjourn any such meeting. Xo advisory committee shall conduct any meeting in the absence of that officer or employee. (f) Advisory committees shall not hold any meetings except at the call of, or with the advance approval of, a designated officer or employee of the Federal Government, and in the case of advisory committees (other than Presidential advisory committees), with an agenda approved by such officer or employee.

Certification.

81 Stat. 54. Annual report.

Federal officer or employee, attendance.

AVAILABILITY OF TRANSCRIPTS

SEC. 11. (a) Except where prohibited by contractual agreements entered into prior to the effective date of this Act, agencies and advisory committees shall make available to any person, at actual cost of duplication, copies of transcripts of agency proceedings or advisory committee meetings. (b) As used in this section "agency proceeding" means any proceeding as defined in section 551 (12) of title 5, United States Code. FISCAL A N D ADMINISTRATIVE

' 'Agency proceeding." 80 Stat. 382.

PROVISIONS

SEC. 12. (a) Each agency shall keep records as will fully disclose the disposition of any funds which may be at the disposal of its advisory committees and the nature and extent of their activities. The General Services Administration, or such other agency as the President may designate, shall maintain financial records with respect to Presidential advisory committees. The Comptroller General of the United States, or any of his authorized representatives, shall have access, for the purpose of audit and examination, to any such records. (b) Each agency shall be responsible for providing support services for each advisory committee established by or reporting to it unless the establishing authority provides otherwise. Where any such advisory committee reports to more than one agency, only one agency shall be responsible for support services at any one time. In the case of Presidential advisory committees, such services may be provided by the General Services Administration.

Recordkeeping.

Audit.

Agency support services.

RESPONSIBILITIES OF LIBRARY OF CONGRESS

SEC. 13. Subject to section 552 of title 5, United States Code, the Director shall provide for the filing with the Library of Congress of at least eight copies of each report made by every advisory committee and, where appropriate, background papers prepared by consultants. The Librarian of Congress shall establish a depository for such reports and papers where they shall be available to public inspection and use. 82-081 O - 73 - 52

Reports and background papers. Depository.

�