text:
Page:United States Statutes at Large Volume 86.djvu/764

 722

PUBLIC LAW 92-429-SEPT. 23, 1972

[86 STAT.

Public Law 92-429 September 23, 1972

JOINT RESOLUTION

[H. J. Res.1193] -^^ pruxide fur rhe ilt'^i!,'iiation of the week which begins on Sepiemltej- 24, 1.972, as "National Microfilm Week". National Microfilm Week. Designation authorization.

RfAoli'rd by the Senate ayid House of Representatives of the United State-'< of Amenca hi Congress assembled. That the President is authorized and requested to issue a proclamation (1) designating the week which begins on.September 24, 1972, as "National Microfiun Week"; and (2) inviting the Governors and mayors of States and local governments of the United States to issue similar proclamations. Approved September 23, 1972. Public Law 92-430

September23, 1972

AN ACT

[H. R. 9222]

rjiQ correct deficiencies in the law relating to the crimes of counterfeiting and forgery.

orde°rs*^^ """"^^ °Vo'ifnterfeiting and forgery.

62 Stat. 712 84 Stat. 777.

Be it enacted by the Senate and House of Representatives of the ^MYe(/ States of Amenca in Congress assembled. That section 500 of fitle 18, L'uited States Code, as amendeil by section 6(j)(j')) of the Postal Keorgaiiization Act, Public Law 91-375, is further amended to read as follows: "§ 500. Money orders "Whoever, with intent to defraud, falsely makes, forges, counterfeits, engraves, or prints any order in imitation of or purporting to be a blank money order or a money order issued by or under the direction of the Post Office Department or Postal Service; or "Whoever forges or counterfeits the signature or initials of any person authorized to issue money orders upon or to any money order, postal note, or blank therefor provided or issued by or under the direction of the Post Office Department or Postal Service, or post office department or corporation of any foreign country, and payable in the United States, or any material signature or indorsement thereon, or any material signature to any receipt or certificate of identification thereof; or "Whoever falsely alters, in any material respect, any such money order or postal note; or "Whoever, with intent to defraud, passes, utters or publishes or attempts to pass, utter or publish any such forced or altered money order or postal note, knowing any material initials, signature, stamp impression or indorsement thereon to be false, forged, or counterfeited, or any material alteration therein to have been falsely made; or "Whoever issues any money order or postal note without having previously received or paid the full amount of money payable therefor, with the purpose of fraudulently obtaining or receiving, or fraudulently enabling any other person, either directly or indirectly, to obtain or receive from the United States or Postal Service, or any officer, employee, or agent thereof, any sum of money whatever; or "Whoever embezzles, steals, or knowingly converts to his own use or to the use of another, or without authority converts or disposes of any blank money order form provided by or under the authority of the Post Office Department or Postal Service; or

�


text:
Page:United States Statutes at Large Volume 86.djvu/765

 86 STAT. ]

PUBLIC LAW 92-432-SEPT. 26, 1972

"Whoever receives or possesses any such money order form with the intent to convert it to his own use or gain or use or gain of another knowing it to have been embezzled, stolen or converted; or "Whoever, with intent to defraud the United States, the Postal Service, or any person, transmits, presents, or causes to be transmitted or presented, any money order or postal note knowing the same— "(1) to contain any forged or counterfeited signature, initials, or any stamped impression, or "(2) to contain any material alteration therein unlawfully made, or "(3) to have been unlawfully issued without pre\ioiis payment of the amount required to be paid upon such issue, or "(4) to have been stamped without lawful authority; or "Whoever steals, or with intent to defraud or without being lawfully authorized by the Post Office Department or Postal Service, receives, possesses, disposes of or attempts to dispose of any postal money order machine or any stamp, tool, or instrument specifically designed to be used in preparing or filling out the blanks on postal money order forms— ''Shall be fined not more than $5,(K) or imprisoned not more than i\ye, years, or both." Approved September 23, 1972. •

723

Penalty.

Public Law 92-431 AN ACT

To amend the Act of August 9, 1955, to authorize longer tenn leases of Indian lands VfK'ated outside the boundaries of Indian reservations in New Mexico.

September 26, 1972

[H. R. 7701]

^e it enacted by the, Senate wnd House of Representatives of the Res United States of America in Congress assembleds That the second Indiant r ilc tnedds. a sentence of the tirst section of the Act entitled "An Act to authorize NMex! the leasing of restricted Indian lands for public, religious, educational. Longer term recreational, residential, business, and other purposes requiring the grant of long-term leases", approved August 9, 1955 (25 T^.S.C. 415), ^^ta'^'597^^' is amended by inserting immediately after the word '•'exce]>t" the first time it appears the words "leases of land located outside the boundaries of Indian reservations in the State of Xew Mexico, and". Approved September 26, 1972. Public Law 92-432 AN ACT

To amend the Act of May 19, 1948. with respect to the use of real property for wildlife conservation purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That clause (2) of the first sentence of the first section of the Act entitled "An Act authorizing the transfer of certain real property for wildlife, or other purposes'', approved May 19, 1948 (16 V.S.C. 667b), is amended by striking out "chiefly". Approved September 26, 1972.

September 26, 1972

[H. R. 13025] ^JJ^on^'^^ conser"VeTi property transfer. ^2 Stat. 240.

�

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


text:
Page:United States Statutes at Large Volume 86.djvu/766

 724

PUBLIC LAW 92-433-SEPT. 26, 1972

[86

STAT.

Public Law 92-433 September 26, 1972 [H. R. 1 4 8 9 6 ]

Child nutrition programs. Continuation and expansion. 82 Stat. 117; 85 Stat. 86. Summer program.

49 Stat. 774.

Grants-in-aid. 85 Stat. 86.

School breakfast program, appropriation. 85 Stat. 85.

80 Stat. 886.

AN ACT To amend the National School Lunch Act, as amended, to assure that adequate funds are available for the conduct of summer food service programs for children from areas in which poor economic conditions exist and from areas in which there are high concentrations of working mothers, and for other purposes related to expanding and strengthening the child nutrition programs.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemhted, That section 13 of the National School Lunch Act (42 U.S.C. 1761) is amended by adding at the end thereof the following: "(i) Notwithstanding any other provision of law, the Secretary of Agriculture is authorized to utilize, during the period May 15 to September 15, 1972, not to exceed $25,000,000 from funds available during the fiscal years 1972 and 1973 under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), to carry out the purposes of this section. Funds expended under the provisions of this paragraph shall be reimbursed out of any supplemental appropriation hereafter enacted for the purpose of carrying out section 13 of the National School Lunch Act, and such reimbursements shall be deposited into the fund established pursuant to section 32 of the Act of August 24, 1935, to be available for the purposes of said section 32. Funds made available under this subsection shall be in addition to direct appropriations or other funds available for the conduct of summer food service programs for children." SEC. 2. (a) The first sentence of section 13(a)(1) of the National School Lunch Act (42 U.S.C. 1761(a)(1)), as amended, is amended to read as follows: "There is hereby authorized to be appropriated such sums as are necessary for each of the fiscal years ending June 30, 1973, June 30, 1974, and June 30, 1975, to enable the Secretary to formulate and carry out a program to assist States through grantsin-aid and other means, to initiate, maintain, or expand nonprofit food service programs for children in service institutions." (b) Section 13(a)(2) of such Act is amended by inserting a new sentence at the end thereof as follows: "To the maximum extent feasible, consistent with the purposes of this section, special summer programs shall utilize the existing food service facilities of public and nonprofit private schools." SEC. 3. (a) The first sentence of section 4(a) of the Child Nutrition Act of 1966 (42 U.S.C. 1773 (a)) is amended to read as follows: "There is hereby authorized to be appropriated such sums as are necessary for the fiscal years ending June 30, 1973, June 30, 1974, and June 30, 1975, to enable the Secretary to carry out a program to assist the States through grants-in-aid and other means to initiate, maintain, or expand nonprofit breakfast programs in all schools which make application for assistance and agree to carry out a nonprofit breakfast program in accordance with this Act." (b) Section 4(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1773 (b)) is amended to read as follows: " A P P O R T I O N M E N T TO STATES " (b) Of the funds appropriated for the purposes of this section, the Secretary shall for the fiscal year ending June 30, 1973, (1) apportion $2,600,000 equally among the States other than Guam, the Virgin Islands, and American Samoa, and $45,000 equally among Guam, the Virgin Islands, and American Samoa, and (2) apportion the remainder among the States in accordance with the apportionment formula

�


text:
Page:United States Statutes at Large Volume 86.djvu/767

 86 STAT. ]

PUBLIC LAW 92.433-SEPT. 26, 1972

725

contained in section 4 of the Xational School Lunch Act, as amended. ^°*'' P- '^'^^• For each fiscal year beginning with the fiscal year ending June 30, 1974, the Secretary shall make breakfast assistance payments, at such times as he may determine, from the sums appropriated therefor, to each State educational agency, in a total amount equal to the result obtained by (1) multiplying the number of breakfasts (consisting of a combination of foods which meet the minimum nutritional requirements prescribed by the Secretary pursuant to subsection (e) of this section) served during such fiscal year to children in schools in such States which participate in the breakfast program under this section under agreements with such State educational agency by a national average breakfast payment prescribed by the Secretary for such fiscal year to carry out the purposes of this section; (2) multiplying the number of such breakfasts served free to children eligible for free breakfasts in such schools during such fiscal year by a national average free breakfast payment prescribed by the Secretary for such fiscal year to carry out the purposes of this section; and (3) multiplying the number of reduced price breakfasts served to children eligible for reduced price breakfasts in such schools during such fiscal year by a national average reduced price breakfast payment prescribed by the Secretary for such fiscal year to carry out the provisions of this section: '-•'' Provided, That in any fiscal year the aggregate amount of the breakfast assistance payments made by the Secretary to each State educational agency for any fiscal year shall not be less than the amount of the payments made by the State educational agency to participating schools within the State for the fiscal year ending June 30, 1972, to carry out the purposes of this section." (c) Section 4(c) pf the Child Nutrition Act (42 U.S.C. 1773(c)) ^enftoIctooT." is amended by adding at the end thereof the following sentence: so Stat. 886; "Breakfast assistance disbursements to schools under this section may *^ ^*^*- ^^• be made in advance or by way of reimbursement in accordance with .... procedures prescribed by the Secretary." (d) Section 4(e) of the Child Nutrition Act of 19B(> (42 T^'.S.C. 1773 (e)) is amended to read as follows:

"NUTRITIONAL AND OTHER PROGRAM REQT^IREMENTS

(

" (e) Breakfasts served by schools participating in the school breakfast program under this section shall consist of a combination of foods and shall meet minimum nutritional requirements prescribed by the Secretary on the basis of tested nutritional research. Such breakfasts shall be served free or at a reduced price to children in school under the same terms and conditions as are set forth with respect to the sen'ice of lunches free or at a reduced price in section 9 of the National School Lunch Act."

Post,

p. 726.

(e) Section 4(f) of the Child Nutrition Act of 1966 (42 TLS.C. Nonprofit pn1773 (f)) is amended to read as follows: ^^H lt°°^^^i. "(f) For the fiscal year ending June 30, 1973, any withholdinjr of funds for and disbursement to nonprofit private schools shall be effected in the manner used prior to such fiscal year. Beginning with the fiscal year ending June 30, 1974, the Secretary shall make payments from the sums appropriated for any fiscal year for the purposes of this section directly to the nonprofit private schools within a State, that participate in the breakfast program under an agreement with the Secretary, for the same purposes and subject to \h!^ same conditions as are authorized or required under this section with respect to the disbursements by State educational agencies." SEC. 4. (a) Notwithstanding any other provision of law, the Seciv- Reimbursement tarv of Agriculture shall until such time as a supplemental appr(>- rate.

�


text:
Page:United States Statutes at Large Volume 86.djvu/768

 726

49 Stat. 774. Infra.

Apportionment to States. 76 Stat. 944. 42 USC 1753. 84 Stat. 208. 42 USC 1752. 60 Stat. 2 3 1. 42 USC 1754.

Infra.

Nonprofit private s c h o o l s, disbursement. 60 Stat. 233; 84 Stat. 208.

Program requirements. 60 Stat. 233; 82 Stat. 117. 42 USC 1758. 84 Stat. 210; 85 Stat. 420.

PUBLIC LAW 92.433-SEPT. 26, 1972

[86

STAT.

priation may provide additional funds for such purpose use so much of the funds appropriated by section 32 of the Act of August 24, 1935 (7 U.S.C. 612(c)), as may be necessary, in addition to the funds available therefor, to carry out the purposes of section 4 of the National School Lunch Act and provide an average rate of reimbursement of not less than 8 cents per meal within each State during the fiscal year 1973. Funds expended under the foregoing provisions of this section shall be reimbursed out of any supplemental appropriation hereafter enacted for the purpose of carrying out section 4 of the National School Lunch Act, and such reimbursements shall be deposited into the fund established pursuant to section 32 of the Act of August 24, 1935, to be available for the purposes of said section 32. (b) Funds made available pursuant to this section shall be apportioned to the States in such manner as will best enable schools to meet their obligations with respect to the service of free and reduced-price lunches and to meet the objective of this section with respect to providing a minimum rate of reimbursement under section 4 of the National School Lunch Act, and such funds shall be apportioned and paid as expeditiously as may be practicable. (c) Section 4 of the National School Lunch Act is amended effective after the fiscal year ending June 30, 1973, to read as follows: "SEC. 4. The sums appropriated for any fiscal year pursuant to the authorizations contained in section 3 of this Act, excluding the sum specified in section 5, shall be available to the Secretary for supplying agricultural commodities and other food for the program in accordance with the provisions of this Act. For each fiscal year the Secretary shall make food assistance payments, at such times as he may determine, from the sums appropriated therefor, to each State educational agency, in a total amount equal to the result obtained by multiplying the number of lunches (consisting of a combination of foods which meet the minimum nutritional requirements prescribed by the Secretary under subsection 9(a) of this Act) served during such fiscal year to children in schools in such State, which participate m the school lunch program under this Act under agreements with such State educational agency, by a national average payment per lunch for such fiscal year determined by the Secretary to be necessary to carry out the purposes of this Act: Provided, That in any fiscal year such national average payment shall not be less than 8 cents per lunch and that the aggregate amount of the food assistance payments made by the Secretary to each State educational agency for any fiscal year shall not be less than the amount of the payments made by the State agency to participating schools within the State for the fiscal year ending June 30, 1972, to carry out the purposes of this section 4." (d) Section 10 of the National School Lunch Act of 1946 (42 U.S.C. 1759) is amended by striking "section 7." at the end thereof and inserting in lieu thereof the following: "section 7: Provided, That beginning with the fiscal year ending June 30, 1974, the Secretary shall make payments from the sums appropriated for any fiscal year for the purposes of section 4 of this Act directly to the nonprofit private schools in such State for the same purposes and subject to the same conditions as are authorized or required under this Act with respect to the disbursements by the State educational agencies." SEC. 5. (a) The first sentence of section 9 of the National School Lunch Act is designated as subsection (a) of that section. (b) The second through the seventh sentences of section 9 of the National School Lunch Act shall be designated as subsection (b) of that section and are amended to read as follows:

�


text:
Page:United States Statutes at Large Volume 86.djvu/769

 86 STAT. ]

PUBLIC LAW 92-433-SEPT. 26, 1972

" (b) The Secretary, not Jater than May 15 of each fiscal year, shall prescribe an income poverty guideline setting forth income levels by family size for use in the subsequent fiscal year, and such guideline shall not subsequently be reduced to be effective in such subsequent fiscal year. Any child who is a member of a household which has an annual income not above the applicable family-size income level set forth in the income poverty guideline prescribed by the Secretary shall be served a free lunch. Following the announcement by the Secretary of the income poverty guideline for each fiscal year, each State educational agency shall prescribe the income guidelines, by family size, to be used by schools in the State during such fiscal year in makingdeterminations of those children eligible for a free lunch. The income guidelines for free lunches to be prescribed by each State educational agency shall not be less than the applicable family-size income levels in the income poverty guideline prescribed by the Secretary and shall not be more than 25 per centum above such family-size income levels. Each fiscal year, each State educational agency shall also prescribe income guidelines, by family size, to be used by schools in the State during such fiscal year in making determinations of those children eligible for a lunch at a reduced price, not to exceed 20 cents, if a school elects to serve reduced-price lunches. Such income guidelines for reduced-price lunches shall be prescribed at not more than 50 per centum above the applicable family-size income levels in the income poverty guideline prescribed by the Secretary, except that any local school authority having income guidelines for free or reduced price lunches which exceed those allowed by this subsection may continue to use such guidelines for determining eligibility until July 1, 1973, if such guidelines were established prior to July 1, 1972. Local school authorities shall publicly announce such income guidelines on or about the opening of school each fiscal year and shall make determinations with respect to the annual incomes of any household solely on the basis of a statement executed in such form as the Secretary may prescribe by an adult member of such household. No physical segregation of or other discrimination against any child eligible for a free lunch or a reduced-price lunch shall be made by the school nor shall there be any overt identification of any such child by special tokens or tickets, announced or published lists of names, or by other means." (c) The eighth through the thirteenth sentences of section 9 of the National School Lunch Act shall be designated as subsection (c) of that section and the last sentence of such subsection shall be amended by deleting the phrase "under the provisions of section 10 until such time as the Secretary" and inserting in lieu thereof the following phrase "under this Act until such time as the State educational agency, or in the case of such schools which participate under the provisions of section 10 of this Act the Secretary". SEC. 6. (a) The first sentence of section 5(a) of the Child Nutrition Act of 1966, as amended by section 2 of Public Law 91-248, is amended by deleting the phrase "for the fiscal year ending June 80, 1973, not to exceed $15,000,000 and for each succeeding fiscal year, not to exceed $10,000,000" and inserting in lieu thereof the following phrase: "for each of the three fiscal years ending June 30, 1973, June 30, 1974, and June 30, 1975, not to exceed $40,000,000 and for each succeeding fiscal year, not to exceed $20,000,000". (b) Section 5(b) of the Child Nutrition Act of 1966 (42 TJ.S.C. 1774(b)) is amended to read as follows: "(b) Except for the funds reserved under subsection (e) of this section, the Secretary shall apportion the funds appropriated for the 82-081 O - 73 - 49

727 Income poverty guideline.

Discrimination prohibition.

Ante, p. 726.

Appropriation.. 84 Stat. 208. 42 USC 1774.

Apportionment to States.

�


text:
Page:United States Statutes at Large Volume 86.djvu/770

 728

Ante, p. 726.

va^eTc'hoois"."" 80 Stat. 887.

Ante, p. 726.

Supra.

PUBLIC LAW 92-433-SEPT. 26, 1972

[86 STAT.

purposes of this section among the States on the basis of the ratio that the number of lunches (consisting of a combination of foods which meet the minimum nutritional requirements prescribed by the Secretary pursuant to section 9 of the National School Lunch Act) served in each State in the latest preceding fiscal year for which the Secretary determines data are available at the time such funds are apportioned bears to the total number of such lunches served in all States in such preceding fiscal year. If any State cannot utilize all of the funds apportioned to it under the jprovisions of this subsection, the Secretary shall make further apportionments to the remaining States in the manner set forth in this subsection for apportioning funds among all the States. Payments to any State of funds apportioned under the provisions of this subsection for any fiscal year shall be made upon condition that at least one-fourth of the cost of equipment financed under this subsection shall be borne by funds from sources within the State." (^) Section 5(d) of the Child Nutrition Act of 196« (42 U.S.C. 1774(d)) is amended to read as follows: " (d) If, in any State, the State educational agency is prohibited by law from administering the program authorized by this section in nonprofit private schools within the State, the Secretary shall administer such program in such private schools. In such event, the Secretary shall withhold from the funds apportioned to any such State under the provisions of subsection (b) of this section an amount which bears the same ratio to such funds as the number of lunches (consisting of a combination of foods which meet the minimum nutritional requirements prescribed by the Secretary pursuant to section 9(a) of the National School Lunch Act) served in nonprofit private schools in such State in the latest preceding fiscal year for which the Secretary determines data are available at the time such funds are withheld bears to the total number of such lunches served in all schools within such State in such preceding fiscal year." ((j^ Section 5 of the Child Nutrition Act (42 t^.S.C. 1774) is amended by adding at the end thereof the following new subsection: "RESERVE OF FUNDS "(e) In each of the fiscal years ending June 30. 1978. June HO, 1974. and June 30, 1975, 50 per centum of the funds appropriated for the purposes of this section shall be reserved by the Secretary to assist schools without a food service. The Secretary shall apportion the funds so reserved among the States on the basis of the ratio of the number of children enrolled in schools without a food service in the State for the latest fiscal year for which the Secretary determines data are available at the time such funds are apportioned to the total number of children enrolled in schools without a food service in all States in such fiscal year. In those States in which the Secretary administers the nonfood assistance program in nonprofit private schools, the Secretary shall withhold from the funds apportioned to any such State under this subsection an amount which bears the same ratio to such funds as the number of children enrolled in nonprofit private schools without a food service in such State for the latest fiscal year for which the Secretary determines data are available at the time such funds are withheld bears to the total number of children enrolled in all schools without food service in such State in such fiscal year. The funds reserved, apportioned, and withheld under the authority of this subsection shall be used by State educational agencies, or the Secretary in the case of nonprofit private schools, only to assist schools without

�


text:
Page:United States Statutes at Large Volume 86.djvu/771

 86 STAT. ]

PUBLIC LAW 92-433-SEPT. 26, 1972

a food service. If any State cannot utilize all the funds apportioned to it under the provisions of this subsection to assist schools in the State without a food service, the Secretary shall make further apportionments to the remaining States in the same manner set forth in this subsection for apportioning funds among all the States and such remaining States, or the Secretary in the case of nonprofit private schools, shall use the additional funds so apportioned or withheld only to assist schools in the State without a food service. Payments to any State of the funds apportioned under the provisions of this paragraph shall be made upon condition that at least one-fourth of the cost of equipment financed shall be borne by funds from sources within the State, except that such condition shall not apply with respect to funds used under this section to assist schools without food service if such schools are especially needy, as determined by the State." (e) To assist the Congress in determining the amounts needed annually, the Secretary is directed to conduct a survey among the States and school districts on unmet needs for equipment in scnools eligible for assistance under section 5 of the Child Nutrition Act. The results of such survey shall be reported to the Congress by June 30, 1973. SEC. 7. After the first sentence of section 10 of the Child Nutrition Act of 1966 (42 U.S.C. 1779) add the following new sentence: "Such regulations shall not prohibit the sale of competitive foods in food service facilities or areas during the time of service of food under this Act or the National School Lunch Act if the proceeds from the sales of such foods will inure to the benefit of the schools or of organizations of students approved by the schools." SEC. 8. Section 8 of the National School Lunch Act (42 U.S.C. 1757) is amended by deleting the phrase "reimbursing it for" in the second sentence thereof and inserting in lieu thereof the following: "assisting it to finance" and by adding at the end of such section the following sentence: "Lunch assistance disbursements to schools under this section and under section 11 of this Act may be made in advance or by way of reimbursement in accordance with procedures prescribed by the Secretary." SEC. 9. The Child Nutrition Act of 1966 is further amended by adding at the end thereof a new section as follows:

729

Equipment survey.

Ante, pp. 727, 728. Report to Congress. Regulations. 80 Stat. 889; 84 Stat. 212. 60 Stat. 230; 85 Stat. 85. 42 USC 1751 note. 60 Stat. 232.

84 Stat. 211. 42 USC 175 9a. 80 Stat. 885. 42 USC 1771 note.

U SPECIAL SUPPLEMENTAL FOOD PROGRAM

"SEC, 17. (a) During each of the fiscal years ending June 30, 1973, and June 30, 1974, the Secretary shall make cash grants to the health department or comparable agency of each State for the purpose of providing funds to local health or welfare agencies or private nonprofit agencies of such State serving local health or welfare needs to enable such agencies to carry out a program under which supplemental foods will be made available to pregnant or lactating women and to infants determined by competent professionals to be nutritional risks because of inadequate nutrition and inadequate income. Such program shall be operated for a two-year period and may be carried out in any area of the United States without regard to whether a food stamp program or a direct food distribution program is in effect in such area. " (b) I n order to carry out the program provided for under subsection (a) of this section during the fiscal year ending June 30, 1973, the Secretary shall use $20,000,000 out of funds appropriated by section 32 of the Act of August 24, 1935 (7 U.S.C. 612(c)). I n order to carry out such program during the fiscal year ending June 30, 1974, there is authorized to be appropriated the sum of $20,000,000, but in

49 Stat. 774. Appropriation..

�


text:
Page:United States Statutes at Large Volume 86.djvu/772

 730

49 Stat. 774.

Administrative c o s t s, limitation.

Eligibility.

Medical records.

Reports to Congress.

Definitions.

PUBLIC LAW 92-433-SEPT. 26, 1972

[86

STAT.

the event, that such smii has not been appropriated for such purpose by August 1, 1973, the Secretary shall use $20,000,000, or, if any amount has been appropriated for such program, the difference, if any, between the amount directly appropriated for such purpose and $20,000,000, out of funds appropriated by section 32 of the Act of August 24, 1935 (7 U.S.C. 612(^c)). Any funds expended from such section 32 to carry out the provisions of subsection (a) of this section shall be reimbursed out of any supplemental appropriation hereafter enacted for the purpose of carrying out the provisions of such subsection, and such reimbursements shall be deposited into the fund established pursuant to such section 32, to be available for the purpose of such section. "(c) Whenever any program is carried out by the Secretary under authority of this section through any State or local or nonprofit agency, he is authorized to pay administrative costs not to exceed 10 per centum of the Federal funds provided under the authority of this section. "'(d) The eligibility of persons to participate in the program provided for under subsection (a) of this section shall be determined by competent professional authority. Participants shall be residents of areas served by clinics or other health facilities determined to have significant numbers of infants and pregnant and lactating women at Jiutritional risk. "(e) State or local agencies or groups carrying out any program under this section shall maintain adequate medical records on the participants assisted to enable the Secretary to determine and evaluate the benefits of the nutritional assistance provided under this section. The Secretary and Comptroller General of the United States shall submit preliminary evaluation reports to the Congress not later than October 1, 1973; and not later than March 30, 1974, submit reports containing an evaluation of the program provided under this section and making recommendations with regard to its continuation. "(f) As used in this section— "(1) 'Pregnant and lactating women' when used in connection with the term at 'nutrition risk' includes mothers from low-income populations who demonstrate one or more of the following characteristics: known inadequate nutritional patterns, unacceptably high incidence of anemia, high prematurity rates, or inadequate patterns of growth (underweight, obesity, or stunting). Such term (when used in connection with the term 'at nutritional risk') also includes low-income individuals who have a history of high-risk l)regnancy as evidenced by abortion, premature birth, or severe anemia. "(2) 'Infants' when used in connection with the term 'at nutritional risk' means children under four years of age who are in low-income populations which have shown a deficient pattern of growth, by minimally acceptable standards, as reflected by an excess number of children in the lower percentiles of height and weight. Such term, when used in connection with 'at nutritional risk', may also include (at the discretion of the Secretary) children under four years of age who (A) are in the parameter of nutritional anemia, or (B) are from low-income populations where nutritional studies have shown inadequate infant diets. "(3) 'Supplemental foods' shall mean those foods containing nutrients known to be lacking in the diets of populations at nutritional risks and, in particular, those foods and food products containing high-quality protein, iron, calcium, vitamin A, and A-itamin C. Such term may also include (at i]w discretion of the

�


text:
Page:United States Statutes at Large Volume 86.djvu/773

 86 STAT. ]

731

PUBLIC LAW 92-434-SEPT. 26, 1972

Secretary) any food product commercially formulated preparntion specifically designed for infants. •'(4) 'Competent professional authority' includes physicians, nutritionists, registered nurses, dieticians, or State or local medically trained health officials, or persons d e s i ^ a t e d by physicians or State or local medically trained health officials as being competent professionally to evaluate nutritional risk." SEC. 10. Section 7 of the National School Lunch Act (42 LT.S.C1756) is amended by inserting the words "for the preceding fiscal yeai-" after the phrase "per centum of the matching requirement" each time such phrase appears in such section. Approved September 26, 1972.

60 Stat. 232; 84 Stat. 209.

Public Law 92-434 AN ACT To give the consent of Congress to the construction of certain international bridges, and for other purposes.

September 26, 1972 [H. R.15577:

Be it enacted by the Senate and House of Representatives of the International United States of America in Congress assembled, That this Act may be Bridge Act of cited as the "International Bridge Act of 1972". 1972. Bridge SEC. 2. The consent of Congress is hereby granted to the construction, struction, conconsent maintenance, and operation of any bridge and approaches thereto, of Congress. which will connect the United States with any foreign country (hereinafter in this Act referred to as an "international bridge") and to the collection of tolls for its use, so far as the United States has jurisdiction. Such consent shall be subject to (1) the approval of the proper authorities in the foreign country concerned; (2) the provisions of the Act entitled "An Act to regulate the construction of bridges over navigable waters", approved March 23, 1906 (33 U.S.C. 491-498), 34 Stat. 84. except section 6 (33 U.S.C. 496), whether or not such bridge is to be built across or over any of the navigable waters of the T^nited States: and (3) the provisions of this Act. Agreements with SEC. 3. The consent of Congress is hereby granted for a State or a Canada and Mexsubdivision or instrumentality thereof to enter into agreements— ico, consent of (1) with the Government of Canada, a Canadian Province, Congress. or a subdivision or instrumentality of either, in the case of a bridge connecting the United States and Canada, or (2) with the Government of Mexico, a Mexican State, or a subdivision or instrumentality of either, in the case of a bridge connecting the United States and Mexico, for the construction, operation, and maintenance of such bridge in Secretary of accordance with the applicable provisions of this Act. The effective- State, approval. ness of such agreement shall be conditioned on its approval by tho Secretary of State. Presidential SEC. 4. No bridge may be constructed, maintained, and operated approval. as provided in section 2 unless the President has given his approval thereto. I n the course of determining whether to grant svtch approval, the President shall secure the advice and recommendations of (1) the United States section of the International Boundary and Water

�


text:
Page:United States Statutes at Large Volume 86.djvu/774

 732

Secretary of Transportation, approval.

Tolls, collection methods.

Records.

Audit.

To l l s, exception. 72 Stat. 902.

Ownership, transfer.

PUBLIC LAW 92.434-SEPT. 26, 1972

[86

STAT.

Commission, United States and Mexico, in the case of a bridge connecting the United States and Mexico, and (2) the heads of snch departments and agencies of the Federal Government as he deems appropriate to determine the necessity for such bridge. SEC. 5. The approval of the Secretary of Transportation, as required by the first section of the Act of March 23, 1906 (83 U.S.C. 491), shall be given only subsequent to the President's approval, as provided for in section 4 of this Act, and shall be null and void unless the construction of the bridge is commenced within two years and completed within five years from the date of the Secretary's approval: Provided, hcnrnvefs That the Secretary, for good cause shown, may extend for a reasonable time either or both of the time limits herein provided. SEC. 6. If tolls are charged for the use of an international bridge constructed under this Act, the following provisions shall apply, so far as the United States has jurisdiction, in the case of a bridge constructed or acquired by a private individual, company, or other private entity: (1) Tolls may be collected from the date of completion of the bridge for a period determined by the Secretary of Transportation to be a reasonable period for amortization of the cost of construction or acquisition of the bridge, including interest and financing costs, and a reasonable return on iiivested oapital. (2) At the end of such period, the United States portion of the bridge and its approaches, if not previously transferred to a public agency pursuant to section 8, shall become the property of the State having jurisdiction over the United States portion of the bridge, and no further compensation shall be deemed to be due such private individual, company, or other private entity. (3) A n accurate record of the amount paid for acquiring or constructing the bridge and its approaches, the actual expenditures for maintaining, repairing, and operating the same, and of the daily tolls collected, shall be kept and shall be reported annually to the Secretary of Transportation. Whenever he may deem advisable, the Secretary of Transportation shall audit, review, and inspect such records, books, accounts, and operations. SEC. 7. Paragraph (3) of subsection (a) of section 129 of title 23, United States G)de, is amended to read as follows: " (3) after the date of final repayment, the bridge or tunnel shall be maintained or operated as a free bridge or free tunnel; except in the case of a bridge which connects the United States with any foreign country: Provided, That such tolls or charges do not exceed the amount necessary for the proper maintenance, repair, and operation of the bridge and its approaches under economical management: And further provided, That the entity or governmental instrumentality responsible for the operation of the portion of the bridge within the jurisdiction of the foreign country is charging tolls for the use of the bridge.". SEC. 8. (a) Nothing in this Act shall be deemed to prevent the individual, corporation, or other entity to which, pursuant to this Act, authorization has been given to construct, operate, and main-

�


text:
Page:United States Statutes at Large Volume 86.djvu/775

 86 STAT. ]

PUBLIC LAW 92-435-SEPT. 26, 1972

733

tain an international bridge and the approaches thereto, from selling, assigning, or transferring the rights, powers, and privileges conferred by this Act: Provided, That such sale, assignment, or transfer shall ^fa^^^^^^/^J^ °^ be subject to approval by the Secretary of Transportation. app^ovau^*'""' (b) Upon the acquisition by a State or States, or by a subdivision or Rights, preserinstrumentality thereof, of the right, title, and interest of a private ''^*'°"individual, corporation, or other private entity, in and to an international bridge, any license, contract, or order issued or entered into by the Secretary of Transportation, to or with such private individual, corporation, or other private entity, shall be deemed terminated forthwith. Thereafter, the State, subdivision, or instrumentality so acquiring shall operate and maintain such bridge in the same manner as if it had been the original applicant, and the provisions of section B of this Act shall not apply. SEC. 9. This Act shall apply to all international bridges constructed Applicability. under the authority of this Act. Section 3 of this Act and section 129(a)(3) of title 23, United States Code, as amended by section 7 of Ante, p. 732. this Act, shall apply to all international bridges the construction of which has been heretofore approved by Congress, notwithstanding any conflicting provision in any Act authorizing the construction of such a bridge or in any agreement entered into by the Federal Government and. a State. SEC. 10. Nothing in this Act shall be construed to affect, impair, or diminish any right, power, or jurisdiction of the Ignited States over or in regard to any navigable waters or nny interstate or foreign commerce. SEC. 11. The Secretary of Transportation shall make a report of all Report. approvals granted by him during the fiscal year pursuant to section 5 of this Act in each annual report of the activities of the Department required by section 11 of the Department of Transportation Act (49 80 Stat. 949. U.S.C.1658). SEC. 12. The right to alter, amend, or repeal this Act is expressly reserved. Approved September 26, 1972. Public Law 92-435 AN ACT September 26, 1972 To declare that certain federally owned land is held by the United States in [H. R. 10702] t r u s t for the Fort Belknap Indian Conimnnity.

Be it ena,c:ted by ths /Senate and House of Representatives of the IJ'rdted States of America in Congress assembled, That all right, title, J°^^ Beiknap and interest of the United States in lands described as the southeast rutyrMontT""" (quarter southeast quarter southeast quarter northwest quarter section Lands in trust. 14, township 2H north, range 25 east, and the southwest quarter southwest quarter northwest (juarter northwest quarter section 29, township 27 north, range 2B east, principal meridian, Montana, comprising Kve acres, more or less, are hereby declared to be held by the United States in trust for the Fort Belknap Indian Community of the Fort Belknap Reservation, Montana. SEC. 2. The Indian Claims (Commission is directed to determine in claims offset accordance with the provisions of section 2 of the Act of August 13. ^^°'"®* "•^• 1964 (60 Stat. 1050), the extent to which the value of any lands and ^s use 70a. improvements placed in a trust status under the authority of this Act should or should not be. set off against any claim against the United States determined by the Commission. Approved September 26, 1972.

�


text:
Page:United States Statutes at Large Volume 86.djvu/776

 734

PUBLIC LAW 92-436-SEPT. 26, 1972

[86 STAT.

Public Law 92-436 September 26, 1972

AN ACT

[H. R. 15495]

'j(j authorize appropriations during the fiscal year 1973 for procurement of aircraft, missiles, naval vessels, tracked combat vehicles, torpedoes, and other weapons, and research, development, test, and evaluation for the Armed Forces, and to authorize construction at certain installations in connection with the Safeguard antiballistic missile system, and to prescribe the authorized personnel strength for each active duty component and of the Selected Reserve of each Reserve component of the Armed Forces, and for other purposes.

Armed Forces.

Appropriation authorization, 1973.

Be it enacted by the Senate and House of Representatives United Citatcs of Amenca m Congress assembled,

of the

TITLE] I — P R O C U R E M E N T SEC. 101. Funds are hereby authorized to be appropriated during the fiscal year 1973 for the use of the Armed Forces of the United States for procurement of aircraft, missiles, naval A^essels, tracked combat vehicles, torpedoes, and other weapons, as authorized by law, in amounts as follows: Aircraft For aircraft: for the Army, $133,800,000; for the Navy and the Marine Corps, $3,073,400,000, of which not to exceed $570,100,000 shall be available for an F-14 aircraft program of not less than 48 aircraft subject to (1) not increasing the ceiling price for the lot V option in the F-14 contract between the Navy and the primary airframe contractor except in accordance with the terms of such contract, including the clause providing for normal technical changes; and (2) the Navy exercising the option for lot V on or before October 1, 1972, or any subsequent date prior to December 31, 1972, as may be mutually agreed upon between the Navy and the contractor without additional cost to the government and within the present contract terms and conditions: Provided, That in the event the Secretary of Defense determines that any condition prescribed in clause (1) or (2) cannot be met, he shall report such fact to the Congress within 90 days after such determination together with his recommendations regarding the future of the F-14 program; for the A i r Force, $2,283,900,000. Missiles For missiles: for the Army, $700,400,000; for the Navy. $769.600,000; for the Marine Corps, $22,100,000; for the Air Force, $1.745,300,000. Naval Vessels For naval vessels: for the Navy, $3,179,200,000. Tracked Combat Vehicles For tracked combat vehicles: for the Army, $186,500,000; for the Marine Corps, $54,500,000. Torpedoes For torpedoes and related support e(iiiipment: for the Navy, $194,200,000.

�


text:
Page:United States Statutes at Large Volume 86.djvu/777

 86 STAT. ]

735

PUBLIC LAW 92-436-SEPT. 26, 1972 Other Weapons

For other weapons: for the Army. $57,800,000; for the Navv. ii?2o,700.000; for the Marine Corps, $900,000. TITLE II — R E S E A R C H, DEVELOPMENT, T E S T, AND EVALUATION SEC. 201, Funds are hereby authorized to be appropriated (hirinjr the fiscal year 1973 for the use of the Armed Forces of the United States for research, development, test, and evaluation, as authorized by law, in amounts as follows: For the Army, $1,978,966,000; For the Navy (including the Marine Corps), $2,708,817,000; For the Air Force, $3,272,777,000, of which $48.1.00 is authorized only for the A - X program; and For the Defense Agencies, $505,987,000. SEC. 202. There is hereby authorized to be appropriated to the Department of Defense during fiscal year 1973 for use as an emergency fund for research, development, test, and evaluation or procurement or production related thereto, $50,000,000.

Emer fund.

TITLE III—ACTIVE FORCES SEC. 301. (a) Subject to the provisions of subsection (b) of this section, for the fiscal year beginning July 1, 1972, and ending June 30. 1973, each component of the Armed Forces is authorized an end strength for active duty personnel as follows: (1) The Army, 828,900; (2) The Navy, 601,672; (3) The Marine Corps, 197,965; (4) The Air Force, 700,516; except that the ceiling for any armed force shall not include members of the Ready Reserve of such armed force ordered to active duty under the provisions of section 673 of title 10, United States Code, members of the Army National Guard or members of the Air National Guard called into Federal service under section 3500 or 8500, as the case may be. of title 10, United States Code, or members of the militia of any State called into Federal service under chapter 15 of title 10, United States Code. Whenever one or more units of the Ready Reserve are ordered to active duty after the date of enactment of this section, the President shall, on the first day of the second fiscal year quarter inmiediately following the quarter in which the firet unit or units are ordered to active duty and on the first day of each succeeding six-month [period thereafter, so long as any such unit is retained on active duty, submit a report to the Congress regarding the necessity for such unit or units being ordered to active duty. The President shall include in each such report a statement of the mission of each such unit ordered to active duty, an evaluation of such unit's performance of that mission, where each such unit is being deployed at the time of the report, and such other information regarding each such unit as the President deems appropriate. (b) The end strength for active duty personnel pi-cscribed in subsection (a) of this section for the fiscal year ending June 30, 1973, shall be reduced by not less than 16,000. Such reduction shall be apportioned among the Army, Navy (excluding the Marine Corps), and Air Force in such manner as the Secretary of Defense shall prescribe, except that, in applying any portion of such reducti(m to any military

Exceptions. 70A Stat. 28; 72 Stat. 1 4 4 1. 70A Stat. 199, 525. 70A Stat. 15; 82 Stat. 8 4 1. 10 USC 3 3 1. Report to Congress.

Reduction.

�


text:
Page:United States Statutes at Large Volume 86.djvu/778

 736

Armed Forces, active duty personnel strength, c ongre s s i ona 1 authorization. 85 Stat. 362. 10 USC 133 note.

Report to Congress.

PUBLIC LAW 92-436-SEPT. 26, 1972

[86

STAT.

department, the reduction shall be applied solely to the geiiera.l support forces of such military department unless the Secretary of Defense (1) determines that the making of such reduction solely from the general support forces of such military department will seriously and adversely affect the military mission of such department, and (2) promptly informs the Congress in writing of his determination and the reasons therefor. SEC. 802. Subsection (d) of section 412 of Public Law 86-1-1:9, as added by section 509 of Public Law 91-441 (84 Stat. 913), is amended to read as follows: " (d)(1) Beginning with the fiscal year which begins July 1, 1972. and for each fiscal year thereafter, the Congress shall authorize the end strength as of the end of each fiscal year for active duty personnel for each component of the Armed Forces; and no funds may be appropriated for any fiscal year beginning on or after such date to or foithe use of the active duty personnel of any component of the Armed Forces unless the end strength for active duty personnel of such component for such fiscal year has been authorized by law. "(2) Beginning with the fiscal year ending June 30, 1972, the Secretary of Defense shall submit to the Congress a written report not later than January 31 of each fiscal year recommending the annual active duty end strength level for each component of the Armed Forces for the next fiscal year and shall include in such report justification for the strength levels recommended and an explanation of the relationship between the personnel strength levels recommended for such fiscal year and the national security policies of the United States in effect at the time. Such justification and explanation shall specify in detail for all forces, including each land force division, carrier and other major combatant vessel, air wing, and other comparable unit: (A) the unit mission and capability, (B) the strategy which the unit supports, and (C) the area of deployment and illustrative areas of potential deployment, including a description of any United States (commitment to defend such areas. Such justification and explanation shall also include a detailed discussion of the manpower required for support and overhead functions within the Armed Services.*' t i T L E IV—RESERVE FORCES SEC. 401. For the fiscal year beginning July 1, 1972, and ending June 30, 1973, the Selected Reserve of each Reserve component of the Armed Forces will be programed to attain an average strength of not less than the following: (1) The Army National Guard of the United States. 402,333: (2) The Army Reserve, 261,300; (3) The Naval Reserve, 129,000; (4) The Marine Corps Reserve, 45,016; (5) The Air National Guard of the United States, 87.614; (6) The Air Force Reserve, 51,296; (7) TheCoast Guard Reserve, 11,800. SEC. 402. The axerage strength prescribed by section 401 of this title for the Selected Reserve of any Reserve component shall be proportionately reduced by (1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at any time during the fiscal year, and (2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at any time

�


text:
Page:United States Statutes at Large Volume 86.djvu/779

 86 STAT. ]

737

PUBLIC LAW 92-436-SEPT. 26, 1972

during the j&scal year. Whenever such units or such individual members are released from active duty during any fiscal year, the average strength for such fiscal year for the Selected Reserve of such Reserve component shall be proportionately increased by the total authorized strength of such units and by the total number of such individual members. TITLE V—ANTI-BALLISTIC MISSILE CONSTRUCTION AUTHORIZATION — L I M I T A T I O N S ON D E P L O Y M E N T SEC. 501. (a) Military construction for the Safeguard anti-ballistic missile system is authorized for the Department of the Army as follows: Military family housing, Grand Forks Safeguard site, North Dakota, two hundred and eighteen units, $6,004,000. (b) Authorization contained in this section shall be subject to the authorizations and limitations of the Military Construction Authorization Act, 1973, in the same manner as if such authorizations had been included in that Act. SEC. 502. (a) None of the funds authorized by this or any other Act may be obligated or expended for the purpose of continuing or initiating deployment of an anti-ballistic missile system at any site except Grand Forks Air Force Base, Grand Forks, North Dakota. Nothing in this section shall be construed as a limitation on the obligation or expenditure of funds in connection with the dismantling of antiballistic missile system sites or the cancellation of work at Whiteman Air Force Base, Knob Noster, Missouri, Francis E. Warren Air Force Base, Cheyenne, Wyoming, and Malmstrom Air Force Base, Great Falls, Montana. (b) Section 403(a) of Public Law 02-156 (85 Stat. 423, 426) is hereby repealed.

Safeguard.

Post,

p. 1135.

Grand Forks A F B, continuation. Whiteman, Warren and Malmstrom A F B, dismantlinj5 and cancellation.

Repeal.

TITLE VI—GENERAL PROVISIONS SEC. 601. (a) Effective April 1, 1972, (1) subsection (a)(1) of section 401 of Public Law 89-367, approved March 15, 1966 (80 Stat. 37), as amended by section 501 of Public Law 92-156 (85 Stat. 427), is hereby amended by deleting "$2,500,000,000" and inserting "$2,700,000,000" in lieu thereof, and (2) section 738(a) of Public Law 92-204 (85 Stat. 734) is amended by deleting "$2,500,000,000" and inserting "$2,700,000,000" in lieu thereof. (b) Effective July 1, 1972, subsection (a)(1) of section 401 of Public Law 89-367, approved March 15, 1966 (80 Stat. 37), as amended, is hereby amended to read as follows: " (a)(1) Not to exceed $2,500,000,000 of the funds authorized for appropriation for the use of the Armed Forces of the United States under this or any other Act are authorized to be made available for their stated purposes to support: (A) Vietnamese and other free world forces in support of Vietnamese forces, (B) local forces in Laos; and for related costs, during the fiscal year 1973 on such terms and conditions as the Secretary of Defense may determine. None of the funds appropriated to or for the use of the Armed Forces of the United States may be used for the purpose of paying any overseas allowance, per diem allowance, or any other addition to the regular base pay of any person serving with the free world forces in South Vietnam if the amount of such payment would be greater than the amount of special pay authorized to be paid, for an equivalent period of service, to mem-

Funds, availability for Vietnamese forces. Effective date.

Effective date.

�


text:
Page:United States Statutes at Large Volume 86.djvu/780

 738 77 Stat. 216; 79 Stat. 547.

Cambodia and Laos.

L a o s, fund limitation.

'Value.'

Report to Congress.

Report to Congress.

C-5A aircraft contingency fund, restrictions and controls.

PUBLIC LAW 92-436-SEPT. 26, 1972

[86

STAT.

bers of the Armed Forces of the United States (under section 310 of title 37, United States Code) serving in Vietnam or in any other hostile fire area, except for continuation of payments of such additions to regular base pay provided in agreements executed prior to July 1, 1970. Nothing in clause (A) of the first sentence of this paragraph shall be construed as authorizing the use of any such funds to support Vietnamese or other free world forces in actions designed to provide military support and assistance to the Government of Cambodia or Laos: Provided, That nothing contained in this section shall be construed to prohibit support of actions required to insure the safe and orderly withdrawal or disengagement of United States forces from Southeast Asia, or to aid in the release of Americans held as prisoners of war." SEC. 602. (a) Notwithstanding any other provision of law, no funds authorized to be appropriated by this or any other Act may be expended in any amount in excess of $375,000,000 for the purpose of carrying out directly or indirectly any economic or military assistance, or any operation, project, or program of any kind, or for providing any goods, supplies, materials, equipment, services, personnel, or advisers in, to, for, or on behalf of Laos during the fiscal year ending June 30, 1973. (b) I n computing the $375,000,000 limitation on expenditure authority under subsection (a) of this section in fiscal year 1973, there shall be included in the computation the value of any goods, supplies, materials, or equipment provided to, for, or on behalf of Laos in such fiscal year by gift, donation, loan, lease, or otherwise. For the purpose of this subsection, "value" means the fair market value of any goods, supplies, materials, or equipment provided to, for, or on behalf of Laos, but in no case less than 33% per centum of the amount the Ignited States paid at the time such goods, supplies, materials, or equipment were acquired by the United States. (c) No additional expenditures in excess of the limitation prescribed in subsection (a) of this section may be made for any of the purposes described in such subsection in, to, for, or on behalf of Laos m any fiscal year beginning after June 30, 1973, unless such expenditures have been specifically authorized by law enacted after the date of enactment of this Act. In no case shall expenditures in any amount in excess of the amount authorized by law for any fiscal year be made for any such purpose during such fiscal year. (d) The provisions of subsections (a) and (c) of this section shall not apply with respect to the expenditure of funds to carry out combat air operations in or over Laos by United States and South Vietnamese military forces. (e) After the date of enactment of this Act, whenever any request is made to the Congress for the appropriation of funds for use in, for, or on behalf of Laos for any fiscal year, the President shall furnish a written report to the Congress explaining the purposes for which such funds are to be used in such fiscal year. (f) The President shall submit to the Congress within thirty days after the end of each quarter of each fiscal year, a written report showing the total amount of expenditures in, for, or on behalf of Laos during the preceding quarter by the United States Government, and shall include in such report a general breakdown of the total amount expended, describing the different purposes for which such funds were expended and the total amount expended for such purposes. SEC. 603. (a) The amount of $107,600,000 authorized to be appropriated by this Act for the development and procurement of the C-5A aircraft may he expended only for the reasonable and allocable direct

�


text:
Page:United States Statutes at Large Volume 86.djvu/781

 86 STAT. ]

PUBLIC LAW 92-436-SEPT. 26, 1972

and indirect costs incurred by the prime airframe contractor under a contract entered into with the United States to carry out the C-5A aircraft program. No part of such amount may be used for— (1) direct costs of any other contract or activity of the prime contractor; (2) profit on any materials, supplies, or services which are sold or transferred between any division, subsidiary, or affiliate of the prime contractor under the common control of the prime contractor and such division, subsidiary, or affiliate; (3) bid and proposal costs, independent research and development costs, and the cost of other similar imsponsored technical effort; or (4) depreciation and amortization costs in excess of $4,400,000 on property, plant, or equipment. Any of the costs referred to m the preceding sentence which would otherwise be allocable to any work funded by such $107,600,000 may not be allocated to other portions of the C-5A aircraft contract or to any other contract with the United States, but payments to C-5A aircraft subcontractors shall not be subject to the restriction referred to in such sentence. (b) Any payments from such $107,600,000 shall be made to the prime contractor through a special bank account from which such contractor may withdraw funds only after a request containing a detailed justification of the amount requested has been submitted to and approved by the contracting officer for the United States. All payments made from such special bank account shall be audited by the Defense Contract Audit Agency of the Department of Defense and, on a quarterly basis, by the General Accounting Office. The Comptroller General shall submit to the Congress not more than thirty days after the close of each quarter a report on the audit for such quarter performed by the General Accounting Office pursuant to this subsection. (c) The restrictions and controls provided for in this section with respect to the $107,600,000 referred to in subsections (a) and (b) of this section shall be in addition to such other restrictions and controls as may be prescribed by the Secretary of Defense or the Secretary of the Air Force. SEC. 604. Section 412 of Public Law 86-149, as amended, is further amended by adding the following new subsection: "(e)(1) Beginning with the fiscal year which begins July 1, 1973. and for each fiscal year thereafter, the Congress shall authorize the average military training student loads for each component of the Armed Forces. Such authorization shall not be required for unit or crew training student loads, but shall be required for student loads for the following individual training categories: recruit and specialized training; flight training; professional training in military and civilian institutions; and officer acquisition training; and no funds may be appropriated for any fiscal year beginning on or after such date for the use of training any military personnel in the aforementioned categories of any component of the Armed Forces unless the average student load of such component for such fiscal year has been authorized by law. "(2) Beginning with the fiscal year ending June 30, 1973, the Secretary of Defense shall submit to the Congress a written report not later than March 1 of each fiscal year recommending the average student load for each category of training for each component of the Armed Forces for the next three fiscal years and shall include in such report justification for and explanation of the average student loads recommended."

739

Defense Department and GAG audits. Report to Congress.

Military training student l o a d s, congressional authorization. Ante, p. 736.

Report to Congress.

�


text:
Page:United States Statutes at Large Volume 86.djvu/782

 740 Submarine duty pay. 80 Stat. 1121.

Funds to campuses barring military recruiters, prohibition.

Exception.

Limitation.

Israel, aircraft sales, extension.

PUBLIC LAW 92-437-SEPT. 29, 1972

[86 STAT.

SK*. H05. Section aoi (a)(2)(A) of title:M, Tnited States (\)de, is amended to read as follows: " (A) during one calendar month: 48 hours; however, hour^; served underway in excess of 48 as a member of a submarine operational command staff during any of the immediately preceding five calendar months and not already used to qualify for incentive pay may be applied to satisfy the underway time requirement!^ for the current month;". SFA'. 606. (a) Xo part of the funds appropriated pursuant to this or any other Act for the Department of Defense or any of the Armed Forces may be used at any institution of higher learning if the Secretary of Defense or his designee determines that recruiting personnel of ajiy of the Armed Forces of the United States are being barred by the policy of such institution from the premises of the institution: except in a case where the Secretary of the service concerned certifies to the Congress in writing that a specific course of instruction is not available at any other institution of higher learning and furnishes to the Congress the reasons why such course of instruction is of vital importance to the security of the United States. (b) The prohibition made by subsection (a) of this section as it applies to research and development funds shall not apply if the Secretary of Defense or his designee determines that the expenditure is a continuation or a renewal of a previous program with such institution which is likely to make a significant contribution to the defense effort. (c) The Secretaries of the military departments shall furnish to the Secretary of Defense or his designee within 60 days after the date of enactment of this Act and each January 31 and June 30 thereafter the names of any institution of higher learning which the Secretaries determine on such dates are affected by the prohibitions contained in this section. SEC. 607. None of the funds authorized for appropriation to the Department of Defense pursuant to this Act shall be obligated under a contract entered into after the date of enactment of this Act undei* any multi-year procurement as defined in section 1-322 of the Armed Services Procurement Regulations (as in effect on the date of enactment of this Act) where the cancellation ceiling for such procurement is in excess of $5,000,000. SEC. 608. Notwithstanding any other provision of law, the authority provided in section 501 of Public Law 9 1 ^ 4 1 (84 Stat. 909) is hereby extended until December 31, 1973. Approved September 26, 1972. Public Law 92-437

September 29, 1972 [H. R. 2589]

U.S. Courts. Juror qualification forms. 82 Stat. 61. Definition.

AN ACT To amend section 1869 of title 28, United States Code, with respect to the information required by a juror qualification form. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That paragraph (h) of section 1869 of title 28, United States Code, is amended to read as follows: " (h) 'juror qualification form' shall mean a form prescribed by the Administrative Office of the United States Courts and approved by the Judicial Conference of the United States, which shall elicit the name, address, age, race, occupation, education,

�


text:
Page:United States Statutes at Large Volume 86.djvu/783

 86 STAT. ]

PUBLIC LAW 92-438-SEPT. 29, 1972

length of residence within the judicial district, distance from residence to place of holding court, prior jury service, and citizenship of a potential juror, and whether he should be excused or exempted from jury service, has any physical or mental infirmity impairing his capacity to serve as juror, is able to read, write, speak, and understand the English language, has pending against him any charge for the commission of a State or Federal criminal offense punishable by imprisonment for more than one year, or has been convicted in any State or Federal court of record of a crime punishable by imprisonment for more than one year and has not had his civil rights restored by pardon or amnesty. The form shall request, but not require, any other information not inconsistent with the provisions of this title and required by the district court plan in the interests of the sound administration of justice. The form shall also elicit the sworn statement that his responses are true to the best of his knowledge. Notarization shall not be required. The form shall contain words clearly informing the person that the furnishing of any information with respect to his religion, national origin, or economic status is not a prerequisite to his qualification for jury service, that such information need not be furnished if the person finds it objectionable to do so, and that information concerning race is required solely to enforce nondiscrimination in jury selection and has no bearing on an individual's qualification for jury service." SEC. 2. This Act shall take effect on the sixtieth day after the date of its enactment. Approved September 29, 1972.

741

Effective date.

Public Law 92-438 AN ACT

September 29, 1972

To provide for the disposition of funds appropriated to pay a judgment in favor of the Havasupai Tribe of Indians in Indian Claims Commission docltet numbered 91, and for other purposes.

[H. R.9032]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the funds appropriated by the Act of December 26, 1969 (83 Stat. 447), to pay a judgment to the Havasupai Tribe in Indian Claims Commission docket numbered 91, together with 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 of this Act shall be subject to Federal or State income taxes. SEC. 3. Sums payable to adult living.enrollees or to adult heirs or legatees of deceased enrollees shall be paid directly to such persons. Sums payable to enrollees or their heirs or legatees who are less than eighteen years of age or who are under legal disability shall be paid in accordance with such procedures, including the establishment of trusts, as the Secretary determines appropriate to protect the best interests of such persons. SEC. 4. The Secretary of the Interior is authorized to prescribe rules and regulations to effect the provisions of this Act. Approved September 29, 1972.

Hg^^"^' • Tribe".^^"^*' Judgment funds, '^'^P"^''^""-

Tax exemption.,

pr^te"cTion'o°f"*^"' interests.

'^"/** ^"'^ regulations.

�


text:
Page:United States Statutes at Large Volume 86.djvu/784

 742

PUBLIC LAW 92-439-SEPT. 29, 1972

[86

STAT.

Public Law 92-439 September29, 1972 [H. R. 6575]

Indians. CheyenneArapaho T r i b e s, Okla. Judgment funds, disposition. 25 USC 1163.

AN ACT To amend the Act entitled "An Act to provide for the disposition of judgment funds now on deposit to the credit of the Cheyenne-Arapaho Tribes of Oklahoma", approved October 31, 1967 (81 Stat. 337).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subspctions (a), (b), and (c) of section e of the Act entitled "An Act to provide for the 3 disposition of judgment funds now on deposit to the credit of the Cheyenne-Arapaho Tribes of Oklahoma", approved October 3L 1967 (81 Stat. 337), are amended to read as follows: " (a) A share payable to an enrollee not less than eighteen years of age shall be paid directly in one payment to such enrollee, except as provided in subsections (b) and (c) of this section; "" (b) A share payable to an enrollee dying after the date of this Act shall be distributed to his heirs or legatees upon the filing of proof of death and inheritance satisfactory to the Secretary of the Interior, or his authorized representative, Avhose findings and determinations upon such proof shall be final and conclusive: Provided, That if a share of such deceased enrollee, or a portion thereof, is payable to an heir or legatee under eighteen years of age or to an heir or legatee under legal disability other than because of age, the same shall be paid and held in trust pursuant to subsection (c) of this section; "'(c) A share or proportional share payable to an enrollee or person under eighteen years of age or to an enrollee or person under legal disability other than because of age shall be paid and held in trust for such enrollee or person pursuant to a trust agreement to be made and entered into by and between the Cheyenne-Arapaho Tribes of Oklahoma, as grantor, and a national banking association located in the State of Oklahoma, as Trustee, which trust agreement shall be authorized and approved by the tribal governing body and approved by the Secretary of the Interior. The Secretary of the Interior is authorized to approve amendments to trust agreements entered into pursuant to the Act of October 31, 1967 (81 Stat. 337), to permit the distribution of assets to, and the termination of trusts for, minor beneficiaries, not under other legal disability, who have attained or who shall hereafter Approved September 29, 1972. Public Law 92-440
 * ittain the age of eighteen years."'

September 29, 1972 [H, R. 1 4 9 7 4 ]

Southern and Western Inters t a t e Nuclear Boards. Federal representative s, compensation.

5 USC 5332 note.

AN ACT To amend certain provisions of law relating to the compensation of the Federal representatives on the Southern and Western Interstate Nuclear Boards.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the third sentence of section 3 of the Act entitled "An Act granting the consent of Congress to the Southern Interstate Nuclear Compact, and for related purposes'', approved July 31, 1962 (76 Stat. 249), is amended to read as follows: "He shall be compensated for each day of service rendered in such capacity in an amount fixed by the President not to exceed the daily equivalent of the maximum rate for grade GS-18 of the General Schedule prescribed in section 5332 of title 5, United States Code: Provided, That if the representative be an employee of the United States, he shall serve without such additional compensation.".

�


text:
Page:United States Statutes at Large Volume 86.djvu/785

 86 STAT. ]

PUBLIC LAW 92-442-SEPT. 29, 1972

743

SEC. 2. The third sentence of section 3 of the Act entitled "An Act granting the consent of Congress to the Western Interstate Nuclear Compact, and related purposes", approved October 16, 1970 (84 Stat. 979), is amended to read as follows: " H e shall be compensated for each day of service rendered in such capacity in an amount fixed by the President not to exceed the daily equivalent of the maximum rate for grade GS-18 of the General Schedule prescribed in section 5332 of title 5, United States Code: Provided, That if the representative s use 5332 be an employee of the United States, he shall serve without such "°'^' additional compensation.". Approved September 29, 1972. Public Law 92-441 AN ACT

To declare that certain federally owned land is held by the United States in trust for the Lac dn Flambeau Band of Lake Superior Chippewa Indians.

September 29, 1972

[H. R. 2185]

Be it enacted by the Senate and House of Representatives of the nd ns United States of America in Congress assembled, That all right, title, ILaci adu. Flamand interest of the United States in and to the northwest quarter, beau Band, wis. northwest quarter, section 35, township 41 north, range 5 east, fourth Lands in trust. principal meridian, Wisconsin, containing forty acres, more or less, including improvements thereon, is hereby declared to be held by the United States in trust for the Lac du Flambeau Band of Lake Superior Chippewa Indians of Wisconsin, subject to valid existing rightsof-way of record and to the continued use of the fire observation tower located on the above-described land by the State of Wisconsin, for so long as it is needed for fire protection purposes. SEC. 2. The Indian Claims Commission is directed to determine in ^ a|ns'^u°s^^^* accordance with the provisions of section 2 of the Act of August 13, ^ " 1946 (60 Stat. 1050), the extent to which the value of the title con- 25 USC 70a. veyed by this Act should or should not be set off against any claim against the United States determined by the Commission. Approved September 29, 1972. Public Law 92-442 AN ACT

September 29. 1972

To provide for the disposition of funds to pay a judgment in favor of the Sbo.shone-Bannock Tribes of Indians of the Fort Hall Reservation, Idaho, as representatives of the Lemhi Tribe, in Indian Claims Commission docket numbered 326-1, and for other purposes.

[s.2478]

Be it enacted by the Senate and House of Representatives of the United states of America in Congress assembled. That the funds on Indians. tleposit in the United States Treasury to the credit of the Lemhi Bannock "rribes, Tribe, represented by the Shoshone-Bannock Tribes of Indians of the i^aho. Fort Hall Keservation, Idaho, appropriated by the Act of May 25, ^iifolT".!!'""'^"' 1971 (Public Law 92-18), to pay a judgment of $4,500,000 entered by ss Stat. 4o. the Indian Claims Commission in docket numbered 326-1, and interest thereon less attorneys' fees and expenses shall be credited to the Shoshone-Bannock Tribes of the Fort Hall Reservation for the claims of said tribes enumerated in docket numbered 326-1. 82-081 O - 73 - 50

�


text:
Page:United States Statutes at Large Volume 86.djvu/786

 PUBLIC LAW 92-443-SEPT. 29, 1972

744

Tax exemption.

[86

STAT.

SEC. 2. The funds credited to the Shoshone-Bannock Tribes of the Fort Hall Reservation pursuant to section 1, may be advanced, deposited, expended, invested, or reinvested for any purposes that are authorized by the tribal governing body and approved by the Secretary of the Interior. SEC. 3. None of the funds distributed per capita to members of the tribes under the provisions of this Act shall be subject to Federal or State income taxes. A share or interest payable to enrollees less than eighteen years of age or under legal disability shall be paid in accordance with such procedures, including the establishment of trusts, as the Secretary determines appropriate to protect the best interest of such persons. Approved September 29, 1972. .; • Public Law 92-443

September 29, 1972 [H. R. 1 0 4 3 6 ]

Indians. Nez Perce T r i b e, Idaho. Inheritance.

AN ACT To provide with respect to the inheritance of interests in restricted or trust land witliin the Nez Perce Indian Reservation, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America hi Congress assembled, That a person who is not an enrolled member of the Nez Perce Tribe of Idaho with onefourth degree or more blood of such Tribe shall not be entitled to receive by devise or inheritance any interest in trust or restricted land within the Nez Perce Indian Reservation or within the area ceded by the Treaty of June 11, 1855 (12 Stat. 957), if, while the decedent's estate is pending before the Examiner of Inheritance, the Nez Perce Tribe of Idaho pays to the Secretary of the Interior, on behalf of such person, the fair market value of such interest as determined by the Secretary of the Interior after appraisal. The interest for which such payment is made shall be held by the Secretary in trust for the Nez Perce Tribe of Idaho. SEC. 2. On request of the Nez Perce Tribe of Idaho the Examiner of Inheritance shall keep an estate pending for not less than two years from the date of decedent's death. SEC. 3. When a person who is prohibited by section 1 from acquiring any interest by devise or inheritance is a surviving spouse of the decedent, a life estate in one-half of the interest acquired by the Nez Perce Tribe of Idaho shall, on the request of such spouse, be reserved for that spouse and the value of such life estate so reserved shall be reflected in the Secretary's appraisal under section 1. SEC. 4. The provisions of this Act shall apply to all estates pending before the Examiner of Inheritance on the date of this Act and to all future estates, but shall not apply to any estate heretofore closed. Approved September 29, 1972. Public Law 92-444

September 29, 1972

[H. R. 12207]

AN

ACT

fj^y authorize a program for the development of tuna and other latent Jisheries resources in the Central. Western, and South Pacific Ocean.

Be it enacted by the Senate and House of liepresentatives of the Central. West- United States of America in Congress assembled. That this Act may pTcifU: Fisheries '^c cited as the "C"entral, Western, and South Pacific Fisheries DevelDevelopment Act.

opuieut

Acf.

�


text:
Page:United States Statutes at Large Volume 86.djvu/787

 86 STAT. ]

PUBLIC LAW 92-445-SEPT. 29, 1972

745

SEC;. 2. The Secretary of Commerce (hereafter referred to in this Act as the "Secretary") is authorized to carry out, directly or by contract, a three-year program for the development of the tuna and other latent fisheries resources of the Central, Western, and South Pacific Ocean. The program shall include, but not be limited to, exploration for, and stock assessment of, tuna and other fish; improvement of harvesting techniques; gear development; biological resource monitoring; and an economic evaluation of the potential for tuna and other fisheries in such area. SEC. 3. I n carrying out the purposes of this Act, the Secretary shall cooperation wuh consult, and may otherwise cooperate, with the Secretary of the men^s? ^°^^'""" Interior, the State of Hawaii and other affected States, the governments of American Samoa and Guam, the Office of the High Commissioner of the Trust Territory of the Pacific Islands, educational institutions, and the commercial fishing industry. SEC. 4. The Secretary shall submit to the President and the Congress, Report to Presinot later than June 30, 1976, a complete report with respect to his dents sand Congre. activities pursuant to this Act, the results of such activities, and any recommendations he may have as a result of such activities. SEC. 5. The Secretary shall prescribe such regulations as may be Regulations. necessary to carry out the purposes of this Act. Any contract entered into pursuant to section 2 of this Act shall be subject to such terms and conditions as the Secretary deems necessary and appropriate to protect the interests of the United States. SEC. 6. As used in this Act, the term "Central, Western, and South "central, westPacific Ocean" means that area of the Pacific Ocean between latitudes p'^ci^^'^o""!!!." 30 degrees north to 30 degrees south and from longitudes 120 degrees east to 130 degrees west. SEC. 7. There is authorized to be appropriated for the period begin- Appropriation. uing July 1, 1973, and ending June 30, 1976, the sum of $3,000,000 to carry out the purposes of this Act. Sums appropriated pursuant to this election shall remain availabl^ until expended. Approved September 29, 1972. Public Law 92-445

' ^•

.

AN ACT

September 29, 1972

Vo amend section 715 of title 32, United States Code, to authoiize the applioHtion of local law in determining the effect of contriinitory negligence on claims involving members of the National Guard.

[H. R. 7616]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 715(b) culmTL 'I'lnst' of title 32, United States Code, is amended by striking out "; and"' at u-s.^'^pucatro^n the end of clause (4) and inserting in place thereof ", or, if so caused, °V°o^^'^r^ allowed only to the extent that the law of the place where the act or 74 Stat. 878. omission complained of occurred would permit recovery from a private individual under like circumstances; and". Approved September 29, 1972.

�


text:
Page:United States Statutes at Large Volume 86.djvu/788

 746

PUBLIC LAW 92-446-SEPT. 29, 1972

[86

STAT.

Public Law 92-446 September 29, 1972 [H. J. R e s. 1 3 0 6 ]

Continuing appropriations, 1973. Ante, p. 563.

JOINT RESOLUTION Makirifr further continuing appropriations for the tiscal.vejir find for other purposes.

197S.

A^e-so/oed by the S^eiuite <vud House of Rejjreseiitatives of the Un'tted States of America hi. Congress aasembled,^ That clause (c) of section 102 of the joint lesolution of July 1, 1972 (Public Law 92-884). as amended, is hereby further amended by striking out "September- 80. 1072" and inserting in lieu thereof "October 14, 1972". Approved September 29, 1972. Public Law 92-447

September 29, 1972 [H. R. 9135]

Pacific Tropical Botanical Garden. 78 Stat. 497.

AN ACT I'o amend the Act of August 19, 1964, to remove the limitation on the maximum number of members of the board of trustees of the Paciiic Tropical Botanical Garden. Be it enacted by the Senute and House of Representatives of the United States of America in Congress assembled, That section 5(a) of the Act entitled "An Act to charter by Act of Congress the Pacific Tropical Botanical Garden", approved August 19, 1964 (Public Law •^8-449), is amended by striking out the second sentence. Approved September 29, 1972. Public Law 92-448

September 30, 1972 [H. J. R e s. 1 2 2 7 ]

U.S.-U.S.S.R. Strategic arms limitation.

JOINT RESOLUTION Approval and authorization for the President of the United States to accept an Interim Agreement Between the United States of America and the Union of Soviet Socialist Republics on Certain Measures With Respect to the Limitation of Strategic Offensive Arms. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Congress hereby endorses those portions of the Declaration of Basic Principles of Mutual Relations Between the United States of America and the Union of Soviet Socialist Republics signed by President Nixon and General Secretary Brezhnev at Moscow on May 29, 1972, which relate to the dangers of military confrontation and which read as follows: "The United States of America and the Union of Soviet Socialist Republics attach major importance to preventing the development of situations capable of causing a dangerous exacerbation of their relations..." and "will do their utmost to avoid military confrontations and to prevent the outbreak of nuclear war" and "will always exercise restraint in their mutual relations," and "on outstanding issues will conduct" their discussions and negotiations "in a spirit of reciprocity, mutual accommodation and mutual benefit." and "Both sides recognize that efforts to obtain unilateral advantage at the expense of the other, directly or indirectly, are inconsistent with these objectives," and "The prerequisites for maintaining and strengthening peaceful relations between the United States of America and the Union of Soviet Socialist Republics are the recognition of the security interests of the parties based on the principle of equality and the renunciation of the use or threat of force.".

�


text:
Page:United States Statutes at Large Volume 86.djvu/789

 86 STAT. ]

PUBLIC LAW 92-448-SEPT. 30, 1972

747

SEC. 2. The President is hereby authorized to approve on behalf of the United States the interim agreement between the United States of America and the Union of Soviet Socialist Republics on certain measures with respect to the limitation of strategic otfensive arms, and the protocol related thereto. signed at Moscow on May 26, 1972, by Richard Nixon, President of the United States of America and Leonid L Brezhnev, General Secretary of the Central Committee of the Communist Party of the Soviet Union. SEC. 3. The Government and the people of the United States ardently desire a stable international strategic balance that maintains peace and deters aggression. The Congress supports the stated policy of the United States that, were a more complete strategic offensive arms agreement not achieved within the five years of the interim agreement, and were the survivability of the strategic deterrent forces of the United States to be threatened as a result of such failure, this could jeopardize the supreme national interests of the United States; the Congress recognizes the difficulty of maintaining a stable strategic balance in a period of rapidly developing technology; the Congress recognizes the principle of United States-Soviet Union equality reflected in the antiballistic missile treaty, and urges and requests the President to seek a future treaty that, inter alia, would not limit the United States to levels of intercontinental strategic forces inferior to the limits provided for the Soviet Union; and the Congress considers that the success of these agreements and the attainment of more permanent and comprehensive agreements are dependent upon the maintenance under present world conditions of a vigorous research and development and modernization program as required by a prudent strategic posture. SEC. 4. The Congress hereby commends the President for having successfully concluded agreements with the Soviet Union limiting the production and deployment of antiballistic missiles and certain strategic offensive armaments, and it supports the announced intention of the President to seek further limits on the production and deployment of strategic armaments at future Strategic Arms Limitation Talks. At the same time, the Senate takes cognizance of the fact that agreements to limit the further escalation of the arms race are only preliminary steps, however important, toward the attainment of world stability and national security. The Congress therefore urges the President to seek at the earliest practicable moment Strategic Arms Reduction Talks (SART) with the Soviet Union, the People's Republic of China, and other countries, and simultaneously to work toward reductions in conventional armaments, in order to bring about agreements for mutual decreases in the production and development of weapons of mass destruction so as to eliminate the threat of largeHcale devastation and the ever-mounting costs of arms production and weapons modernization, thereby freeing world resources for constructive, peaceful use. SEC. 5. Pursuant to paragraph six of the Declaration of Principles of Xixon and Brezhnev on May 29, 1972, which states that the United States and the Union of Soviet Socialist Republics: "will continue to make special efforts to limit strategic armaments. Whenever possible, they will conclude concrete agreements aimed at achieving these purposes"; Congress considers that the success of the interim agreement and the attainment of more permanent and comprehensive agreements are dependent upon the preservation of longstanding United States l>olicy that neither the Soviet Union nor the United States should seek unilateral advantage by developing a first strike potential. Approved September 30, 1972.

-

�


text:
Page:United States Statutes at Large Volume 86.djvu/790

 748

PUBLIC LAW 92.449-SEPT. 30, 1972

[86

STAT.

Public Law 92-449 September 30, 1972 [S.3442]

AN ACT 'J'o amend the Public Health Service Act to extend nud revise the program of assistance under that Act for the r'ontrol and prevention of comniunioahle diseases.

Be it enacted by the Senate aitd Home of ReprexentdtireH of the D ^I'^T^^lniT^oi ^^nited States of America, in Congress assembled. Amendments Act SECTION 1. This Act may be cited as the "roniniunicable Disease °f 1972. Control Amendments Act of 1972"'. TITLE I—COMMTTNICABLE D I S E A S E PROGRAMS 84 Stat. 9 8 8. 42 USC 247b.

SEC. 101. Section 817 of the Public Health Service Act (42 T \ S. ( \ 847b) is amended to read as follows: GRANTS

Application requirements.

FOR

VACCINATION DISEASE

PROGRAMS A N D OTHER CONTROL PR(X1RAMS

C M, M I N I CAW.E

317. (a) The Secretary may make prants to States and. in consultation with the State health authority, to agencies and political subdivisions of States to assist in meeting the costs of communicable disease control programs. I n making a grant under this section, the Secretary shall give consideration to (1) the relative extent, in the area served by the applicant for the grant, of the problems which relate to one or more of the communicable diseases referred to in subsection (h)(1), and (2) the design of the applicant's communicable disease program to determine its effectiveness. "(b)(1) No grant may be made under this section unless an application therefor has been submitted to, and approved by, the Secretary. Except as provided in paragraph (2), such application shall be in such form, submitted in such manner, and contain such information, as the Secretary shall by regulation prescribe. "(2) An application for a grant for a fiscal year beginning after June 30, 1973, shall— " (A) set forth with particularity the objectives (and their priorities, as determined in accordance with such regulations as the Secretary may prescribe) of the applicant for each of the programs he proposes to conduct with assistance from a grant under this section; ' ' (B) contain assurances satisfactory to the Secretary that, in the fiscal year for which a grant under this section is applied for. the applicant will conduct such programs as may be necessary to develop an awareness in those persons in the area served by the applicant who are most susceptible to the diseases referred to in subsection (h)(1) of the importance of immunization against such diseases, to encourage such persons to seek appropriate immunization, and to facilitate access by such persons to immunization services; and " (C) provide for the reporting to the Secretary of such information as he may require concerning (i) the problems, in the area served by the applicant, which relate to any communicable disease referred to in subsection (h)(1), and (ii) the communicable disease control programs of the applicant. •' (3) Nothing in this section shall be construed to require any State or any agency or political subdivision of a State to have a communicable disease control program which would require any peison, AVIIO objects to any treatment provided under such a program, to be treated ''SEC.

Application submission.

(X)>:TRL

�