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PUBLIC LAW 92-213-DEC. 22, 1971

775

Public Law 92-213 JOINT RESOLUTION

Decer^^er

22. 1971

To extend the authority of the Secretary of Housing and Urban Development [s. j. Res. i76] with respect to interest rates on insured mortgages, to extend and modify certain provisions of the National Flood Insurance Act of 1968, and for other purposes. Resolved by the Senate and House of Representatives States of America In Congress assembled,

of the United certauf laws extension.

r L?: X I B L E IX T E R E S T RATE

AUTHORITY

1. Section 3(a) of the Act entitled "An Act to amend chapter 37 of title 38 of the United States Code with respect to the veterans' home loan program, to amend the National Housing Act with respect to interest rates on insured mortgages, and for other purposes", approA'ed May 7, 1968, as amended (12 L'i'.S.C. 1709-1), is amended by striking out '"January 1, 1972" and inserting in lien thereof "June 30, 1972". SECTION

AMENDMENTS

TO

THE

FEDERAL

FLOOD

INSURANCE

ACT

OF

19

84 Stat. 4 6 1.

68

SEC. 2. (a) Section 1336(a) of the Housing and Urban Development Act of 1968 is amended by striking out "December 31, 1971" and inserting in lieu thereof "December 31, 1973". (b) The provisions of section 1314(a)(2) of such Act shall not apply with respect to any loss, destruction, or damage of real or personal property that occurs on or before December 31, 1973. (c)(1) Section 1305(a) of such Act is amended by striking out "and" after "families" and inserting in lieu thereof ", church properties, and". (2) Section 1306(b)(1)(C) of such Act is amended by inserting "church properties, and" immediately before "any other properties which may become".

^^ J*!^* 396^' §2 Stat. 579. 42 USC 4012.

42 USC 4013.

'I'EMPORARY WAIVER OF CERTAIN' LIMITATIOX'S APPLICABLE TO THE P U R CHASE OF MORTGAGES BY THE G O V E R X M E N T N A T I O N A L MORTGAGE ASSOCIATION'"

SEC. 3. When the Secretary of Housing and Urban Development determines that such action is necessary to avoid excessive discounts on federally insured or guaranteed mortgages, the Government National Mortgage Association may, for a period of 6 months after the date of approval of this joint resolution, issue commitments to purchase mortgages with original principal obligations not more than 50 per centum in excess of the limitations imposed by clause (3) of the proviso to the first sentence of section 302(b)(1) of the National Ilousing Act, and it may purchase the mortgages so committed to be ^^ ^r^sss^^' purchased. 84 stat! 450I 12 USC 1717. EXTEXSIOX' OF DATES APPLICABLE TO CERTAIN PROVISIONS OF LAW RELATING TO THE TAXATION OF N A T I O N A L B A N K S

SEC. 4. (a) The Act entitled "An Act to clarify the liability of national banks for certain taxes", approved December 24, 1969 (83 Stat. 434), is amended by striking out "1972" in sections 2(b) and ^^^l^^^^ ^^^ 3(a) and inserting in lieu thereof "1973". (b) The Board of Governors of the Federal Reserve System shall study. make a study of the probable impact on the revenues of State and local governments of the extension under subsection (a) of the termination date of interim provisions regarding intangible personal prop-

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Page:United States Statutes at Large Volume 85.djvu/806

 776 Report to Congress*

PUBLIC LAW 92-213-DEC. 22, 1971

[85 STAT.

erty taxes of State and local governments on national banks. The Board shall report the results of its study to the Congress not later than six months after the date of approval of this joint resolution. REQUIREMENT AFFECTING THE PREPAYMENT OF P R E M I U M S BY INSURED INSTITUTIONS TO THE FEDERAL SAVINGS A N D LOAN INSURANCE CORPORATION

75 Stat. 4 8 3. 12 USC 1727.

SEC. 5. Section 404(g) of the National Housing Act is amended by striking out " 1 % " and inserting in lieu thereof " 1 % ". WAIVER o r CERTAIN REQUIREMENTS APPLICABLE TO GRANTS FOR BASIC WATER A N D SEWER FACILITIES

82 Stat. 534; 84 Stat. 886. 42 USC 3102.

SEC. 6. Section 702(c) of the Housing and Urban Development Act of 1965 is amended by striking out "October 1, 1971" and inserting in lieu thereof "June 30, 1972". EXPANSION

OF

SUPPLEMENTAL

GRANT

ASSISTANCE

UNDER

NEW

COMMUNITY ASSISTANCE PROGRAM

84 Stat. 1799. 42 USC 4519.

SEC. 7. The first sentence of section 718(a) of the Housing and Urban Development Act of 1970 is amended t3y striking out "State or local public body or agency" and inserting in lieu thereof "State, local public body or agency, or other entity". INCREASE OF AUTHORIZATIONS FOR COMPREHENSIVE A N D OPEN-SPACE LAND GRANTS

84 Stat. 1780. 40 USC 4 6 1. 84 Stat. 1783. 42 USC ISOOd.

PLANNING

GRANTS

SEC. 8. (a) The fifth sentence of section 701(b) of the Housing Apt of 1954 is amended by striking out "$420,000,000" and inserting in lieu thereof "$470,000,000". (b) Section 708 of the Housing Act of 1961 is amended by striking out "$560,000,000" and inserting in lieu thereof "$660,000,000". PUBLIC H O U S I N G RENT REDUCTIONS

73 Stat. 680; 83 Stat. 389; 84 Stat. 1778. 42 USC 1402.

SEC. 9. Section 2(1) of the United States Housing Act of 1937 is amended by adding at the end thereof a new paragraph as follows: "Notwithstanding any other provision of Federal law or regulations thereunder, a public agency shall not reduce welfare assistance payments to any tenant or group of tenants in low-rent housing as a result of any reduction in rent resulting from the application of the rent limitation set forth in this paragraph (1) and required by such limitation." SBA GUARANTEE OF DEBENTURES ISSUED BY SMALL BUSINESS INVESTMENT COMPANIES

81 Stat. 270. 15 USC 6 8 3.

SEC. 10. Section 303(b) of the Small Business Investment Act of 1958 is amended— (1) by inserting the following in lieu of the first sentence thereof: "To encourage the formation and growth of small business investment companies the Administration is authorized (but only to the extent that the necessary funds are not available to said company from private sources on reasonable terms) when authorized in appropriation Acts, to purchase, or to guarantee the timely payment of all principal and interest as scheduled on,

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


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PUBLIC LAW 92-215-DEC. 22, 1971

777

debentures issued by such companies. Such purchases or guarantees may be made by the Administration on such terms and conditions as it deems appropriate, pursuant to regulations issued by the Administration, The full faith and credit of the United States is pledged to the payment of all amounts which may be required to be paid under any guarantee under this subsection."; (2) by inserting "or guaranteed" following "purchased" each time it appears in paragraphs (1) and (2) thereof and in the second sentence thereof; (3) by inserting "or guarantees" following "purchases" in the last sentence of paragraph (2) thereof; and (4) by inserting "or guarantee" following "purchase" in paragraph (3) thereof. Approved December 22, 1971. Public Law 92-214 AN ACT To amend the Migratory Bird Hunting Stamp Act to authorize the Secretary of the Interior to establish the fee for stamps issued thereunder, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of A?nenca in Congress assembled, That the second sentence of section 2 of the Migratory Bird Hunting Stamp Act (48 Stat. 451), as amended (16 U.S.C. 718b), is amended to read as follows: " For each such stamp sold under the provisions of this section there shall be collected by the Postal Service a sum of not less than $3 and not more than $5 as determined by the Secretary of the Interior after taking into consideration, among other matters, the increased cost of lands needed for the conservation of migratory birds.". SEC. 2. Sections 2 and 4 of the Migratory Bird Hunting Stamp Act (16 U.S.C. 718b, 7l8d) are each amended by striking out "Post Office Department" and "Postmaster General" each place they appear therein and inserting in lieu thereof "Postal Service". SEC. 3. Section 3(a) of the Act of July 30, 1956 (70 Stat. 722; 16 U.S.C. 718b-l), is amended by striking out "Postmaster General" each place it appears therein and inserting in lieu thereof "Postal Service". Approved December 22, 1971.

December 22, 1971 [H. R, 7 0 1 ]

Migratory bird hunting s t a m p. Fees. 7 2 Stat. 4 8 6.

Public Law 92-215 AN ACT To authorize an additional Assistant Secretary of Defense.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 136(a) of title 10, United States Code, is amended by striking out "eight" and inserting in lieu thereof "nine". SEC. 2. Section 5315 (13) of title 5, United States Code, is amended to read as follows: "(13) Assistant Secretaries of Defense (9).". Approved December 22, 1971.

December 22, 1971 [H, R. 8856]

Defense Department. Additional assistant secretary. 83 Stat. 207.

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Page:United States Statutes at Large Volume 85.djvu/808

 778

PUBLIC LAW 92-216-DEC. 22, 1971

[85 STAT.

Public Law 92-216 T.

u

oo,o.,

JOINT RESOLUTION

December 22, 1971

[s, J. Res. 184] President's Economic Report. 60 Stat. 24; 70 Stat. 289.

62 Stat. 16.

Extending the dates for transmission of the Economic Rejwrt and the report of the Joint Economic Committee.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) notwithstanding the provisions of section 3 of the Act of February 20, 1946, as amended (15 U.S.C. 1022), the President shall transmit to the Congress not later than February 15, 1972, the Economic Report; and (b) notwithstanding the provisions of clause (3) of section 5(b) of the Act of February 20, 1946 (15 U.S.C. 1024(b)), the Joint Economic Committee shall file its report on the President's Economic Report with the House of Representatives and the Senate not later than March 10, 1972. Approved December 22, 1971. Public Law 92-217

December 22, 1971

[s. J. Res. 186] 92nd Congress. Second session.

JOINT

RESOLUTION

r)^Q provide for the beginning of the second session of the Ninety-second Congress.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the second regular session of the Ninety-second Congress shall begin at noon on Tuesday, January 18, 1972. Approved December 22, 1971. Public Law 92-218

December 23, 1971 [S.1828]

The National Cancer Act of 1971.

AN ACT To amend the Public Health Service Act so as to strengthen the National Cancer Institute and the National Institutes of Health in order more effectively to carry out the national effort against cancer.

Be it enacted by the Senate and House of Representatives United States of America in Congress assembled,

of the

SHORT TITLE

SECTION

1. This Act may be cited as "The National Cancer Act of

1971". F I N D I N G S A N D DECLARATION OF PURPOSE

SEC. 2. (a) The Congress finds and declares—• (1) that the incidence of cancer is increasing and cancer is the disease which is the major health concern of Americans today; (2) that new scientific leads, if comprehensively and energeti-

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PUBLIC LAW 9 2 - 2 1 8 - D E C. 23, 1971

779

cally exploited, may significantly advance the time when more adequate preventive and therapeutic capabilities are available to cope with cancer; (3) that cancer is a leading cause of death in the United States; (4) that the present state of our understanding of cancer is a consequence of broad advances across the full scope of the biomedical sciences; (5) that a great opportunity is offered as a result of recent ad\'ances in the knowledge of this dread disease to conduct energetically a national program against cancer; (6) that in order to provide for the most effective attack on cancer it is important to use all of the biomedical resources of the National Institutes of Health; and (7) that the programs of the research institutes which comprise the National Institutes of Health have made it possible to bring into being the most productive scientific community centered upon health and disease that the world has ever known. (b) I t is the purpose of this Act to enlarge the authorities of the National Cancer Institute and the National Institutes of Health in order to advance the national effort against cancer. N A T I O N A L CANCER PROGRAM

SEC. 3. (a) Part A of title IV of the Public Health Service Act is amended by adding after section 406 the following new sections:

Jl.H^'lJ^^J' 42 USC 28*1.

"NATIONAL CANCER PROGRAM

"SEC. 407. (a) The Director of the National Cancer Institute shall coordinate all of the activities of the National Institutes of Health relating to cancer with the National Cancer Program. " (b) In carrying out the National Cancer Program, the Director of the National Cancer Institute shall: " (1) With the advice of the National Cancer Advisory Board, plan and develop an expanded, intensified, and coordinated cancer research program encompassing the programs of the National Cancer Institute, related programs of the other research institutes, and other Federal and non-Federal programs. "(2) Expeditiously utilize existing research facilities and personnel of the National Institutes of Health for accelerated exploI'ation of opportunities in areas of special promise. "(3) Encourage and coordinate cancer research by industrial concerns where such concerns evidence a particular capability for such research. "(4) Collect, analyze, and disseminate all data useful in the prevention, diagnosis, and treatment of cancer, including the establishment of an international cancer research data bank to collect, catalog, store, and disseminate insofar as feasible the results of cancer research undertaken in any country for the use of any person involved in cancer research in any country.

National cancer

Institute Director, d u t i e s.

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PUBLIC LAW 92-218-DEC. 23, 1971

[85 STAT.

"(5) Establish or support the large-scale production or distribution of specialized biological materials and other therapeutic substances for research and set standards of safety and care for persons using such materials. "(6) Support research in the cancer field outside the United States by highly qualified foreign nationals which research can be expected to inure to the benefit of the American people; support collaborative research involving i^merican and foreign participants; and support the training of American scientists abroad and foreign scientists in the United States. "(7) Support appropriate manpower programs of training in fundamental sciences and clinical disciplines to provide an expanded and continuing manpower base from which to select investigators, physicians, and allied health professions personnel, for participation in clinical and basic research and treatment programs relating to cancer, including where appropriate the use of training stipends, fellowships, and career awards. "(8) Call special meetings of the National Cancer Advisory Board at such times and in such places as the Director deems necessary in order to consult with, obtain advice from, or to secure the approval of projects, programs, or other actions to be undertaken without delay in order to gain maximum benefit from a new scientific or technical finding. "(9)(A) Prepare and submit, directly to the President for review and transmittal to Congress, an annual budget estimate for the National (^ancer Program, after reasonable opportunity for comment (but without change) by the Secretary, the Director of the National Institutes of Health, and the National Cancer Advisory Board; and (B) receive from the President and the Office of Management and Budget directly all funds appropriated by Congress for obligation and expenditure by the National Cancer Institute. ca^'^^eVp^^nei "(c)(1) There is established the President's Cancer Panel (hereinMembership! after iu this section referred to as the 'Panel') which shall be composed of three persons appointed by the President, who by virtue of their training, experience, and background are exceptionally qualified to a]>praise the National Cancer Program. At least two of the members of the Panel shall be distinguished scientists or physicians. '^^'™' "(2)(A) Members of the Panel shall be appointed for three-year terms, except that (i) in the case of two of the members first appointed, one shall be appointed for a term of one year and one shall be appointed for a term of two years, as designated by the President at the time of appointment, and (ii) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. " (B) The President shall designate one of the members to serve as Chairman for a term of one year. Compensation. " (C) Members of the Panel shall each be entitled to receive the daily equivalent of the annual rate of basic pay in effect for grade

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GS-18 of the General Schedule for each day (including traveltime) during which they are engaged in the actual performance of duties vested in the Panel, and shall be allowed travel expenses (including a per diem allowance) under section 5703(b) of title 5, United States

5 USC 5332 note.

Code.

83 Stat. 190.

^^ ^^^^^ ^^^

"(3) The Panel shall meet at the call of the Chairman, but not Meetings. less often than twelve times a year. A transcript shall be kept of the avIiiTwiIty!^' proceedings of each meeting of the Panel, and the Chairman shall make such transcript available to the public. ^^ ^^^^ ^^ " (4) The Panel shall monitor the development and execution of the Presi'dem. ° JsFational Cancer Program under this section, and shall report directly to the President. Any delays or blockages in rapid execution of the Program shall immediately be brought to the attention of the President. The Panel shall submit to the President periodic progress reports on the Program and annually an evaluation of the efficacy of the Program and suggestions for improvements, and shall submit such other reports as the President shall direct. A t the request of the President, it shall submit for his consideration a list of names of persons for consideration for appointment as Director of the National Cancer Institute. "NATIONAL CANCER RESEARCH AND DEMONSTRATION CENTERS

"SEC. 408. (a) The Director of the National Cancer Institute is authorized to provide for the establishment of fifteen new centers for clinical research, training, and demonstration of advanced diagnostic and treatment methods relating to cancer. Such centers may be supported under subsection (b) or under any other applicable provision of law. " (b) The Director of the National Cancer Institute, under policies established by the Director of the National Institutes of Health and after consultation with the National Cancer Advisory Board, is authorized to enter into cooperative agreements with public or private nonprofit agencies or institutions to pay all or part of the cost of planning, establishing, or strengthening, and providing basic operating support for existing or new centers (including, but not limited to, centers established under subsection (a)) for clinical research, training, and demonstration of advanced diagnostic and treatment methods relating to cancer. Federal payments under this subsection in support of such cooperative agreements may be used for (1) construction (notwithstanding any limitation under section 405), (2) staffing and other basic operating costs, including such patient care costs as are required for research, (3) training (including training for allied health professions personnel), and (4) demonstration purposes; but support under this subsection (other than support for construction) shall not exceed $5,000,000 per year per center. Support of a center under this section may be for a period of not to exceed three years and may be extended by the Director of the National Cancer Institute for additional periods of not more than three years each, after review of the operations of such center by an appropriate scientific review group established by the Director of the National Cancer Institute.

^2 us^c^'s's^'

"CANCER CONTROL PROGRAMS

"SEC. 409. (a) The Director of the National Cancer Institute shall establish programs as necessary for cooperation with State and other health agencies in the diagnosis, prevention, and treatment of cancer. " (b) There are authorized to be appropriated to carry out this

Appropriation.

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text:
Spontaneous Generation

 * (unattributed)
 * Tyndall, John (1878), Spontaneous Generation. Published in two parts, see:

title: Spontaneous Generation


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PUBLIC LAW 92-218-DEC. 23, 1971

[85 STAT.

section $20,000,000 for the fiscal year ending June 30, 1972, $30,000,000 for the fiscal year ending June 30, 1973, and $40,000,000 for the fiscal year ending June 30, 1974. ((AUTHORITY

80 Stat. 416.

19 Stat. 370.

OF

DIRECTOR

"SEC. 410. The Director of the National Cancer Institute (after consultation with the National Cancer Advisory B o a r d), in carrying out his functions in administering the National Cancer Program and without regard to any other provision of this Act, is authorized— "(1) if authorized by the National Cancer Advisory Board, to obtain (in accordance with section 3109 of title 5, United States Code, but without regard to the limitation in such section on the number of days or the period of such service) the services of not more than fifty experts or consultants who have scientific or professional qualifications; " (2) to acquire, construct, improve, repair, operate, and maintain cancer centers, laboratories, research, and other necessary facilities and equipment, and related accommodations as may be necessary, and such other real or personal property (including patents) as the Director deems necessary; to acquire, without regard to the Act of March 3, 1877 (40 U.S.C. 34), by lease or otherwise through the Administrator of General Services, buildings or parts of buildings in the District of Columbia or communities located adjacent to the District of Columbia for the use of the National Cancer Institute for a period not to exceed ten years; "(3) to appoint one or more advisory committees composed of such private citizens and officials of Federal, State, and local governments as he deems desirable to advise him with respect to his functions; " (4) to utilize, with their consent, the services, equipment, personnel, information, and facilities of other Federal, State, or local public agencies, with or without reimbursement therefor; " (5) to accept voluntary and uncompensated services; "(6) to accept unconditional gifts, or donations of services, money, or property, real, personal, or mixed, tangible or intangible; " (7) to enter into such contracts, leases, cooperative agreements, or other transactions, without regard to sections 3648 and 3709 of the Revised Statutes of the United States (31 U.S.C. 529, 41 U.S.C. 5), as may be necessary in the conduct of his functions, with any public agency, or with any person, firm, association, corporation, or educational institution; and " (8) to take necessary action to insure that all channels for the dissemination and exchange of scientific knowledge and information are maintained between the National Cancer Institute and the other scientific, medical, and biomedical disciplines and organizations nationally and internationaly. u SCIENTIFIC R E VI E W;

Regulation.

REPORTS

ug^,^ ^^QJ^ (^^^ rpj^^ Director of the National Cancer Institute shall, by regulation, provide for proper scientific review of all research grants and programs over which he has authority (1) by utilizing, to the maximum extent possible, appropriate peer review groups established within the National Institutes of Health and composed prin-

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783

cipally of non-Federal scientists and other experts in the scientific and disease fields, and (2) when appropriate, by establishing, with the approval of the National Cancer Advisory Board and the Director of the National Institutes of Health, other formal peer review groups as may be required. " (b) The Director of the National Cancer Institute shall, as soon p^/„^°''' 1°. •

1 1

p

1

T

i

»

i

i

i

•

1

r T e s i d e n t and

as practicable after the end of each calendar year, prepare m consulta- congress. tion with the National Cancer Advisory Board and submit to the President for transmittal to the Congress a report on the activities, progress, and accomplishments under the National Cancer Program during the preceding calendar year and a plan for the Program during the next five years. "NATIONAL CANCER ADVISORY BOARD

"SEC. 410B. (a) There is established in the National Cancer Insti- Membership. tute a National Cancer Advisory Board (hereinafter in this section referred to as the 'Board') to be composed of twenty-three members as follows: "(1) The Secretary, the Director of the Office of Science and Technology, the Director of the National Institutes of Health, the chief medical officer of the Veterans' Administration (or his designee), and a medical officer designated by the Secretary of Defense shall be ex officio members of the Board. " (2) Eighteen members appointed by the President. Not more than twelve of the appointed members of the Board shall be scientists or physicians and not more than eight of the appointed members shall be representatives from the general public. The scientists and physicians appointed to the Board shall be appointed from persons who are among the leading scientific or medical authorities outstanding in the study, diagnosis, or treatment of cancer or in fields related thereto. Each appointed member of the Board shall be appointed from among persons who by virtue of their training, experience, and background are especially qualified to appraise the programs of the National Cancer Institute. " (b)(1) Appointed members shall be appointed for six-year terms, "r^™* except that of the members first appointed six shall be appointed for a term of two years, and six shall be appointed for a term of four years, as designated by the President at the time of appointment. "(2) Any member appointed to fill a vacancy occurring prior to expiration of the term for which his predecessor was appointed shall serve only for the remainder of such term. Appointed members shall be eligible for reappointment and may serve after the expiration of their terms until their successors have taken office. "(3) A vacancy in the Board shall not affect its activities, and twelve members thereof shall constitute a quorum. "(4) The Board shall supersede the existing National Advisory go^^cancef'^'^^" Cancer Council, and the appointed members of the Council serving on co'tLcnr'supeithe effective date of this section shall serve as additional members of sedure. the Board for the duration of their terms then existing, or for such shorter time as the President may prescribe. "(c) The President shall designate one of the appointed members to serve as Chairman for a term of two years. " (d) The Board shall meet at the call of the Director of the National Cancer Institute or the Chairman, but not less often than four times a year and shall advise and assist the Director of the National Cancer Institute with respect to the National Cancer Program.

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784

Report to P r e s i d e n t and Congress.

Compensation.

5 USC 5332 note.

80 Stat. 499; 83 Stat. 190.

[85

STAT.

" (e) The Director of the National Cancer Institute shall designate a member of the staff of the Institute to act as Executive Secretary of the Board. " (f) The Board may hold such hearings, take such testimony, and sit and act at such times and places as the Board deems advisable to investigate programs and activities of the National Cancer Program. " (g) The Board shall submit a report to the President for transmittal to the Congress not later than January 31 of each year on the progress of the National Cancer Program toward the accomplishment of its objectives. " (h) Members of the Board who are not officers or employees of the United States shall receive for each day they are engaged in the performance of the duties of the Board compensation at rates not to exceed the daily equivalent of the annual rate in effect for GS-18 of the General Schedule, including traveltime; and all members, while so serving away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as such expenses are authorized by section 5703, title 5, United States Code, for person in the Government service employed intermittently. " (i) The Director of the National Cancer Institute shall make available to the Board such staff, information, and other assistance as it may require to carry out its activities. "AUTHORIZATION OF APPROPRIATIONS

Ante, p. 7 8 1,

58 Stat. 707; Infra. 42 USC 282.

42 USC 2 8 3. Supra,

"SEC. 410C. For the purpose of carrying out this part (other than section 409), there are authorized to be appropriated $400,000,000 for the fiscal year ending June 30, 1972; $500,000,000 for the fiscal year ending June 30, 1973; and $600,000,000 for the fiscal year ending June 30, 1974." (b)(1) Section 402 of the Public Health Service Act is amended by adding at the end thereof the following: "(b) Under procedures approved by the Director of the National Institutes of Health, the Director of the National Cancer Institute may approve grants under this Act for cancer research or training— " (1) in amounts not to exceed $35,000 after appropriate review for scientific merit but without the review and recommendation by the National Cancer Advisory Board prescribed by section 403(c), and "(2) in amounts exceeding $35,000 after appropriate review for scientific merit and recommendation for approval by such Board as prescribed by section 403(c)." (2) Section 402 of such Act is further amended— (A) by inserting " (a) " immediately after "Sec. 402."; and (B) by redesignating paragraphs (a), (b), (c), (d), (e), (f), and (g) as paragraphs (1), (2), (3), (4), (5), (6), and (7), respectively. (3) Section 403(c) of such Act is amended by striking out " I n carrying out" and inserting in lieu thereof "Except as provided in section 402(b), in carrying out". REPORT TO CONGRESS

Ante,

p. 779.

SEC. 4. (a) The President shall carry out a review of all administrative processes under which the National Cancer Program, established under part A of title IV of the Public Health Service Act, will

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operate, including the processes of advisory council and peer group reviews, in order to assure the most expeditious accomplishment of the objectives of the Program. Within one year of the date of enact- ^f^^°''^'° ^°"' ment of this Act the President shall submit a report to Congress of the findings of such review and the actions taken to facilitate the conduct of the Program, together with recommendations for any needed legislative changes. Additional (b) The President shall request of the Congress without delay such appropriations. additional appropriations (including increased authorizations) as are required to pursue immediately any development in the National Cancer Program requiring prompt and expeditious support and for which regularly appropriated funds are not available. PRESIDENTIAL APPOINTMENTS

SEC. 5. Title IV of the Public Health Service Act is amended by adding after part F the following new part: sa^stau 7*7^1!^' 42 USC 281. " P A R T G—^ADMINISTRATIVE PROVISIONS

uDIRECTORS OF INSTITUTES

"SEC. 454. The Director of the National Institutes of Health and the Director of the National Cancer Institute shall be appointed by the President. Except as provided in section 407(b)(9), the Director of the National Cancer Institute shall report directly to the Director of the National Institutes of Health."

Ante, p. 779.

CONFORMING AMENDMENTS

SEC. 6. (a)(1) Section 217 of the Public Health Service Act is ^2 USC 2^8.* amended (A) by striking out "National Advisory Cancer Council," each place it occurs in subsection (a), and (B) by striking out "cancer," m subsections (a) and (b) of such section. (2) Sections 301(d), 301(i), 402, and 403(c) of such Act are each Z^e^.Vyil amended by striking out "National Advisory Cancer Council" and inserting in lieu thereof "National Cancer Advisory Board". (3) Section 403(b) of such Act is amended by striking out "National ^ u*|^* ^^^^ Cancer Advisory Council" and inserting in lieu thereof "National Cancer Advisory Board". (4) Section 404 of such Act is amended— ^^ ^^^ ^84. (A) by striking out "council" in the matter preceding paragraph (a) and inserting in lieu thereof "National Cancer Advisory Board", and (B) by striking out " C O U N C I L " in the section heading and inserting in lieu thereof "BOARD". EFFECTIVE DATE

SEC. 7. (a) This Act and the amendments made by this Act shall take effect sixty days after the date of enactment of this Act or on such prior date after the date of enactment of this Act as the President shall prescribe and publish in the Federal Register. (b) The first sentence of section 454 of the Public Health Service Act (added by section 5 of this Act) shall apply only with respect to appointments made after the effective date of this Act (as prescribed by subsection (a)).

Publication in Federal Register.

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Ante,

PUBLIC LAW 92-219-DEC. 23, 1971

p. 783.

[85 STAT.

(c) Notwithstanding the provisions of subsection (a), members of the National Cancer Advisory Board (authorized under section 41 OB of the Public Health Service Act, as added by this Act) may be appointed, in the manner provided for in such section, at any time after the date of enactment of this Act. Such officers shall be compensated from the date they first take office, at the rates provided for in such section-llOB. Approved December 23, 1971. Public Law 92-219

December 23, 1971 [H. R. 3304]

Fishermen's P r o t e c t i v e Act of 1967, amendment. 22 USC 1971 note. Fishery p r o d u c t s, importation restriction.

61 Stat. Pt s. 5,.6. Notification to Congress.

Penalties.

Forfeiture.

AN ACT To amend the Fishermen's Protective Act of 1967 to enhance the effectiveness of international fishery conservation programs.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Fishermen's Protective Act of 1967 (68 Stat. 883. as amended; 82 Stat. 729), is amended by inserting- at the end thereof the following new section: "SEC. 8. (a) When the Secretary of Commerce determines that nationals of a foreign country, directly or indirectly, are conducting fishing operations in a manner or under circumstances which diminish the effectiveness of an international fishery conservation program, the Secretary of Commerce shall certify such fact to the President. Upon receipt of such certification, the President may direct the Secretary of the Treasury to prohibit the bringing or the importation into the United States of fish products of the offending country for such duration as he determines appropriate and to the extent that such prohibition is sanctioned by the General Agreement on Tariffs and Trade. " (b) Within sixty days following certification by the Secretary of Commerce, the President shall notify the Congress of any action taken by him pursuant to such certification. In the event the President fails to direct the Secretary of the Treasury to prohibit the importation of fish products of the offending country, or if such prohibition does not cover all fish products of the offending country, the President shall inform the Congress of the reasons therefore. "(c) It shall be unlawful for any person subject to the jurisdiction of the United States knowingly to bring or import into, or cause to be imported into, the United States any fish products prohibited by the Secretary of the Treasury pursuant to this section. " (d)(1) Any person violating the provisions of this section shall be fined not more than $10,000 for the first violation, and not more than $25,000 for each subsequent violation. "(2) All fish products brought or imported into the United States in violation of this section, or the monetary value thereof, may be forfeited. "(3) All provisions of law relating to the seizure, judicial forfeiture, and condemnation of a cargo for violation of the customs laws, the disposition of such cargo or the proceeds from the sale

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PUBLIC LAW 92-219-DEC. 23, 1971

thereof, and the remission or mitigation of such forfeitures shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this section, insofar as such provisions of law are applicable and not inconsistent with this section. "(e)(1) Enforcement of the provisions of this section prohibiting the bringing or importation of fish products into the United States shall be the responsibility of the Secretary of the Treasury. "(2) The judges of the L'inited States district courts, and United States commissioners niay, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue such warrants or other process as may be required for enforcement of this Act and regulations issued thereunder. "(3) Any person authorized to carry out enforcement activities hereunder shall have the power to execute any warrant or process issued by any officer or court of competent jurisdiction for the enforcement of this section. " (4) Such person so authorized shall have the power— " (A) with or without a warrant or other process, to arrest any persons subject to the jurisdiction of the United States committing in his presence or view a violation of this section or the regulations issued thereunder; " (B) with or without a warrant or other process, to search any vessel subject to the jurisdiction of the United States, and, if as a result of such search he has reasonable cause to believe that such vessel or any person on board is eiigaging in operations in violation of this section or the regulations issued thereunder, then to arrest such person. " (5) Such person so authorized, may seize, whenever and wherever lawfully found, all fish products brought or imported into the United States in violation of this section or the regulations issued thereunder. Any fish products so seized may be disposed of pursuant to the order of a court of competent jurisdiction, or, if perishable, in a manner prescribed by regulations promulgated by the Secretary of the Treasury after consultation with the Secretary of Health, Education, and Welfare. "(f) The Secretary of the Treasury is authorized to prescribe such regulations as he determines necessary to carry out the provisions of this section. " (g) As used in this section— "(1) The term 'person' means any individual, partnership, corporation, or association. "(2) The term 'United States', when used in a geographical sense, means the continental United States, xilaska, Hawaii, Puerto Rico, and the United States Virgin Islands. "(3) The term 'international fishery conservation program' means any ban, restriction, regulation, or other measure in force pursuant to a multilateral agreement to which the United States is a signatory party, the purpose of which is to conserve or protect the living resources of the sea. "(4) The term 'fish products' means fish and marine mammals and all products thereof taken by fishing vessels of an offending country whether or not packed, processed, or otherwise prepared for export in such country or within the jurisdiction thereof," Approved December 23, 1971.

75-432 O - 72 - 52

787

Enforcement.

Regulations. Definitions.

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Page:United States Statutes at Large Volume 85.djvu/818

 788

PUBLIC LAW 92-220-DEC. 23, 1971

[85 STAT.

Public Law 92-220 December 23, 1971

[s. 2878] District of Columbia Election Act, amendments, 69 Stat. 699; 84 Stat. 849.

82 Stat. 103. 69 Stat. 699; 75 Stat, 820; 84 Stat. 8 5 3.

Convicted f e l o n s, qualification a s e l e c tors.

"Felony.

^ ^

ACT

To amend the District of Columbia Election Act, and for other purposes.

Be It enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the District of Columbia P:iection Act (D.C. Code, secs. 1-1100—1-1115), is amended as follows: (1) The first section of such Act (D.C. Code, sec. 1-1101), is amended (A) by striking out in clause (2) thereof the final "and",- (B) by redesignating clause (3) as clause (4), (C) by adding a new clause (8) as follows: "(3) Alternates to the officials referred to in clauses (1) and (2) above, where permitted by political party rules; and", and (D) by inserting in clause (4) (as redesignated by this section) "or by ward" immediately after "large". (2) Paragraph (4) of section 2 of such Act (D.C. Code, sec. 1-1102), is amended by striking out "a school" and inserting in lieu thereof "an". (3) Paragraph (2) of section 2 of such Act (D.C. Code, sec. 1-1102), is amended as follows: (A) By striking out "The term" and inserting in lieu thereof "Except as provided in paragraph (7) of this section, the term". (B) By striking out in clause (A) "one-year period" and inserting in lieu thereof "ninety-day period" and by inserting at the end thereof immediately before the semicolon ", except in the case of an election of electors of President and Vice President of the United States the period shall be thirty days". (C) By striking out in clause (B) "twenty-one" and inserting in lieu thereof "eighteen". (D) By striking out clause (C), and redesignating clause (D) as clause (C). (4) Section 2 of such Act (D.C. Code, sec. 1-1102), is amended by inserting at the end of that section the following: "(7)(A) Any person in the District of Columbia who has been convicted of a crime in the United States which is a felony in the District of Columbia, may be a qualified elector, if otherwise qualified— " (i) at the end of the five-year period beginning on the date he completes the sentence of incarceration imposed upon him for the last such crime committed by him, or in the case of a person who is granted parole or probation with respect to such last crime, beginning on the date he begins such parole or probation, if he successfully completes such parole or probation, or "(ii) at the end of the three-year period beginning on the date he completes such sentence of incarceration, or in the case of a person who is granted parole or probation with respect to such last crime, beginning on the date he begins such parole or probation, if the Superior Court of the District of Columbia, after application made to such court by such person, certifies to the Board that such person has demonstrated such qualities of conduct and character as to warrant the restoration of his right to vote; or "(iii) on the date upon which he receives a pardon with respect to such crime. " (B) For the purposes of this paragraph, the term 'felony' shall include any crime committed in the District of Columbia referred to in section 14 of this Act (D.C. Code, sec. 1-1114). " (C) Nothing in this paragraph shall be construed to grant a pardon or amnesty to any person."

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789

(5) Clause (8) of subsection (a) of section 5 of such Act {J).C. Code, sec, 1-1105). is amended by inserting immediately before "'copy" the ^^ Stat. 8i7. word "sample". (6) Clause (4) of subsection (a) of section 5 of such Act (D.C. Code, sec. 1-1105), is amended by striking out "school. ^^ Stat. 7oo; (7) Section 5 of such Act (D.C. Code, sec. 1-1105), is amended (A) Prrsidentrai by redesignating subsections (b). (c). and (d) as subsections (c), preference pri(d), and (e), respectively, and (B) by adding after subsection (a) Bo7rdr'^°"*°^ the following: " (b)(1) The Board shall, on the first Tuesday after the first Monday in May of each presidential election year, conduct a presidential preference primary election within the District of Columbia in which the registered qualified voters therein may express their preference for candidates of each political party of the District of CWumbia for nomination for President. "(2) Xo person shall be listed on the ballot as a candidate for nomination for President in such primary unless there shall have been filed with the Board no later than forty-five days before the date of such presidential primary election a petition on behalf of his candidacy signed by the candidate and at least one thousand qualified electors of the District of Columbia who are registered under section 7 of this Act, and of the same political party as the nominee. "(3) Candidates for delegate and alternates where permitted by political party rules to a particular political party national convention convened to nominate that party's candidate for President shall be listed on the ballot of the presidential preference primary held under this Act as— " (A) full slates of candidates for delegates supporting a candidate for nomination for President if there shall have been filed with the Board, no later than forty-five days before the date of such presidential primary, a petition on behalf of such slate's candidacy signed by the candidates on the slate, the candidate for nomination for President supported by the slate, and by at least one thousand qualified electors of the District of Columbia who are registered under section 7 of this Act and are of the same jj^^^' ^°'^^ ^' political party as the candidates on such slate; " (B) full slates of candidates for delegates not committed to support any named candidate for nomination for President if there shall have been filed with the Board, no later than fortyfive days before the date of such presidential primary, a petition on behalf of such slate's candidacy, signed by the candidates on the slate and by at least one thousand qualified electors of the District of Columbia who have registered under section 7 of this Act and are of the same political party as the candidates on such slate; ''(C) an individual candidate for delegate supporting a candidate for nomination for President if there shall have been filed with the Board, no later than forty-five days before the date of such presidential primary, a petition on behalf of such candidate, signed by the candidate and by at least one thousand qualified electors of the District of Columbia who have registered under section 7 of this Act and are of the same political party as the candidate; or " (D) an individual not committed to support any named candidate for nomination for President if there shall have been filed with the Board, no latter than forty-five days before the date of such presidential primary, a petition on behalf of such candidate, signed by the candidate and by at least one thousand qualified

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Page:United States Statutes at Large Volume 85.djvu/820

 790 D.c. Code 1°^*

1107

Regulation.

75 Stat. 8 1 8.

Ante, p. 788.

PUBLIC LAW 92-220-DEC. 23, 1971

[85 STAT.

electors of the District of Columbia who have registered under section 7 of this Act and are of the same political party as the candidate. No candidate for delegate or alternate may be listed on the ballot unless such candidate was properly selected according to the rules of his political party relating to the nomination of candidates for delegate or alternate. "(4) The Board shall (A) arrange the ballot for the presidential preference primary so as to enable each voter to indicate his choice for presidential nominee and for the slate of delegates and alternates pledged to support that prospective nominee with one mark, and provide an alternative to vote for individual delegates or uncommitted slates of delegates, and (B) clearly indicate on the ballot the candidate for nomination for President which a slate or candidate for delegate supports. "(5) The delegates and alternates, of each political party within the District of Columbia to the national convention of that party convened for the nomination of the candidate of that political party for President, elected in accordance with this Act, shall only be obligated to vote for the candidate for nomination who received at least a plurality of the votes cast in the presidential preference primary for all such candidates of that party for President held in the District of Columbia at which such delegates were elected on the first and second ballots cast at that convention for nominees for President, or until such time as such candidate receiving a plurality of such vote cast in the presidential preference primary withdraws his candidacy, whichever occurs first. "(g) The Board shall by regulation specify such additional details as may be necessary and proper to effectuate the purposes and provisions of this subsection." (8) Clause (2) of subsection (b) of section 7 of such Act (D.C. Code, sec. 1-1107) is amended by striking out "section 2(2) " and inserting in lieu thereof "paragraphs (2) and (T) of section 2 of this \et"

National com(Q) Subsection (a) of section 8 of such Act (D.C. Code, sec. 1-1108), d'atet^^^inrt'ion'. IS amended to read as follows: 69'Stat. 701; " (a)(1) Each candidate for election to the office of national com84 Stat! 853' 854. mittceman or alternate, or national oommitteewoman or alternate, and for election as a member or official designated for election at large under clause (4) of the first section of this Act, shall be a qualified elector registered under section 7 of this Act who has been nominated for such office, or for election as such member or official, by a nominating petition (A) prepared in accordance with the rules prescribed by the Board, (B) signed by not less than five hundred qualified electors registered under such section 7 of this Act, who are of the same political party as the candidate, and (C) filed with the Board not later than the forty-fifth day before the date of the election held for such office, member, or official. "(2) I n the case of a nominating petition for a candidate for election as a member or official designated for election from a ward under clause (4) of such first section, such petition shall be prepared and filed in the same manner as a petition prepared and filed by a candidate under paragraph (1) of this subsection and signed by one hundred qualified electors residing in such ward, registered under section 7 of this Act, who are of the same political party as the candidate." (10) Subsection (b) of section 8 of such Act (D.C. Code, sec. 1-1108), is amended by striking out "three-year" and inserting in lieu thereof "ninety-day". -

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Page:United States Statutes at Large Volume 85.djvu/821

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PUBLIC LAW 92-220-DEC. 23, 1971

791

(11) Subsection (i) of section 8 of such Act (D.C. Code, sec. Delegate pri1-1108), is amended to read as follows: 84 statT 849!°"* " (i) Each candidate in a primary election for the office of Delegate shall be nominated for such office by a nominating petition (1) filed with the Board not later than the forty-fifth day before the date of such primary election; (2) signed by qualified electors registered under- section 7 of this Act, who are of the same political party as the candidate. 82^9 Stat. 700; Stat. 103. and equal m number- to 1 per centum of the total number of such elector's D. C. Code 1in the District of Columbia, as shown by the records of the Board as 1107. of the ninety-ninth day before the date of such primary election, or- by two thousand of such qualified electors, whichever is less. A nominating petition for a candidate in a primary election for the office of Delegate may not be circulated for signature before the ninety-ninth day preceding the date of such election and may not be filed with the Boar-d before the seventieth day preceding such date. The Board may prescribe rules with respect to the preparation and presentation of nominating petitions. The Board shall ar-range the ballot of each political 13arty in each such primary election so as to enable a voter of such party to vote for any one duly nominated candidate of that par-ty for- the office of Delegate." General ec(12) Subsection (j) of section 8 of such Act (D.C. Code, sec. 1-1108), tion, directe lnomiis amended to read as follows: nation. "(j)(1) A duly qualified candidate for the office of Delegate may, subject to the provisions of this subsection, be nominated directly as such a candidate for election in the next succeeding general election for such office (including any such election to be held to fill a vacancy). Such person shall be nominated by a nominating petition (A) filed with the Board not less than the forty-fifth day before the date of such general election; and (B) signed by qualified electors registered under section 7 of this Act equal in number to 11/^ per centum of the total number of such qualified electors in the District, as shown by the records of the Board as of the ninety-ninth day befor-e the date of such election, or by three thousand of such qualified electors, whichever is less. A nominating petition for such a candidate for the office of Delegate may not be circulated for signature before the ninety-ninth day preceding the date of such election and may not be filed with the Board before the seventieth day preceding such date. The Board may prescribe rules with respect to the preparation and presentation of such nominating petitions. ''(2) Nominations under this subsection for candidates for election in a general election for the office of Delegate shall be of no force and effect with respect to any person whose name has appeared on the ballot of a primary election for such office held within eight months before the date of such general election." (13) Subsection (m) of section 8 of such Act (D.C. Code, sec. 1-1108) is amended to read as follows: by election pursuant to clause (4) of the first section of this Act shall be effected, in accordance with the provision of this subsection, by written communication signed by the chairman of such committee and filed with the Board not later than ninety days before the date of such election. ''(2) Such designation shall specify separately (A) the titles of the offices and the total number of members to be elected at large, if any, and (B) the title of the offices and the total number of members to be elected by ward, if any. "(3) In the event that a party committee designates members to be elected by ward pursuant to clause (B) of paragraph (2) this subsection, the number of such officials to be elected from each of the
 * ' (m)(1) Designation of offices of local party committees to be filled

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Page:United States Statutes at Large Volume 85.djvu/822

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PUBLIC LAW 92-220-DEC. 23, 1971

82 Stat. 104; 84 Stat. 849.

69 Stat. 700; 82 Stat. 103. D.C. Code 11107.

Rules.

Repeal. 84 Stat. 850. Poll watchers. 84 Stat. 854.

Rules and regulations.

Election date.

Ante, p. 788. Ante,

p. 789.

[85 STAT.

wards shall be based on the relative numerioal strength of such party in such ward, as compared with the total numerical strength of such party in the District, in each case as measured by the total number of registered voters of such party residing in each ward (as shown by the records of the Board as of one hundred-twenty days before such election), based on the method known as the method of equal proportions, with no ward to elect less than one member. The Board shall by regulation specify such additional details as may be necessary and proper to effectuate the purpose of this subsection." (14) Subsection (o) of section 8 of such Act (D.C. Code, sec. 11108), is amended to read as follows: "(o) Each candidate in a general election for member of the Board of Education shall be nominated for such office by a nominating petition (A) filed with the Board not later than the forty-fifth calendar day before the date of such general election; and (B) signed by at least two hundred qualified electors who are duly registered under section T of this Act, who reside in the ward from which the candidate seeks election, or in the case of a candidate running at large, signed by at least one thousand of the qualified electors in the District of Columbia registered under such section 7. A nominating petition for a candidate in a general election for member of the Board of Education may not be circulated for signatures before the ninety-ninth day preceding the date of such election and may not be filed with the Board before the seventieth day preceding such date. The Board may prescribe rules with respect to the preparation and presentation of nominating petitions. I n a general election for members of the Board of Education, the Board shall arrange the ballot for each ward to enable a voter registered in that ward to vote for any one candidate duly nominated to be elected to such office from such ward, and to vote for as many candidates duly nominated for election at large to such office as there are Board of Education members to be elected at large in such election." (15) Section 8 of such Act (D.C. Code, sec. 1-1108), is amended by adding at the end of that section the following: " (r) Any petition required to be filed under this Act by a particular date must be filed no later than 5 o'clock post meridian on such date." (16) Subsection (1) of section 8 of such Act (D.C. Code, sec. 1-1108), is repealed. (17) Subsection (c) of section 9 of such Act (D.C. Code, sec. 1-1109), is amended to read as follows: "(c) Any candidate or group of candidates may, not less than two weeks prior to such election, petition the Board for credentials authorizing watchers at one or more polling places and at the place or places where the vote is to be counted for the next election during voting hours and until the count has been completed. The Board shall formulate rules and regulations not inconsistent with this Act to prescribe the form of watchers' credentials, to govern the conduct of such watchers, and to limit the number of watchers so that the conduct of the election will not be unreasonably obstructed. Such rules and regulations should provide fair opportunity for watchers for all candidates or groups of candidates to challenge prospective voters whom the watchers believe to be unqualified to vote, to question the accuracy in the vote count, and otherwise to observe the conduct of the election at the polling places and the counting of votes." (18) Paragraph (1) of subsection (a) of section 10 of such Act (D.C. Code, sec. 1-1110), is amended to read as follows: " (a)(1) The elections of the officials referred to in clauses (1), (2), and (3) of the first section of this Act, and of officials designated pursuant to clause (4) of such section, and the primary under section 5 (b) of this Act, shall be held on the first Tuesday after the first Monday in May of each presidential election year."

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PUBLIC LAW 92-220-DEC. 23, 1971

793

(19) Section i q (a)(7)(A) of such Act (D.C. Code, sec. 1-1110), f ^ s S ' i o s; is amended by striking out "a majority and inserting in lieu thereof 84 Stat. sso. "at least 40 per centum". (20) Section 1 0 (a)(7)(B) of such Act (D.C. Code, sec. 1-1110), is amended by striking out "a majority" and inserting in lieu thereof "at least 40 per centum"'. (21) The first sentence of paragraph (8) of subsection (a) of section 10 of such Act (D.C. Code, sec. 1-1110), is amended by striking out "less than a majority. (22) Subsection (a) of section 11 of such Act (D.C. Code, sec. Recounts. 1-1111), is amended by inserting immediately before the last sentence ^^ Stat. 703. thereof, the following new sentence: "In no case, however, shall the petitioner be required to pay the cost of any recount in any such election if the difference in the number of votes received by the petitioner in connection with any office and the number of votes received by the person certified" as having been elected to that office, in the case of an election from a ward, is less than 1 per centum or fifty votes, whichever is less, or in the case of an election at large, is less than 1 per centum or three hundred and fifty votes, whichever is less." (23) Subsection (b) of section 13 of such Act (D.C. Code, sec. 1-1113), is amended by striking out "or delegate" and inserting in 84 Stat. sss. lieu thereof "delegate, or alternate". (24) Subsection (d) of section 13 of such Act (D.C. Code, sec. 1-1113), is amended by striking out "or delegate" and inserting in lieu thereof "delegate, or alternate". (25) Subsection (e) of section 13 of such Act (D.C. Code, sec. Election exi i \ - i o \ -

l

i

2

i

J

!

i

i

pense statements,

1-1113), is amended to read as follows: " (e)(1) Every independent committee or party committee which receives or expends funds on behalf of any candidate or group of candidates in an election for any office referred to in the first section of this Act, or in a primary election held under section 5(b) of this Act, 73^"'^' ^^' ^^^' shall have a chairman and a treasurer and shall maintain an address in the District of Columbia where notices may be sent. Each such committee shall register with the Board of Elections as soon as its receipts or expenditures, or the sum of its receipts and expenditures total $100, or within ten days after its organization, whichever first occurs. "(2) In any election held in the District of Columbia with respect to any office referred to in the first section of this Act, or with respect to a primary election held under section 5(b) of this Act, each candidate for election, and the treasurer of each independent or party committee, shall file with the Board of Elections on the fifth calendar day before, and also within thirty days after, the date on which such primary or general election was held, an itemized statement, complete as of the day next preceding the date of filing, setting forth— " (A) The name and address of each person who has made a contribution to or for such committee in one or more items of the aggregate amount or value, within the calendar year, of $100 or more, together with the amount and date of such contribution; " (B) The total sum of the contributions made to or for such committee during the calendar year and not stated under subparagraph (A); " (C) The total sum of all contributions made to or for such committee during the calendar year; " (D) The name and address of each person to whom an expenditure in one or more items of the aggregate amount or value, within the calendar year, of $10 or more has been made by or on behalf of such committee, and the amount, date, and purpose of such expenditure;

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Page:United States Statutes at Large Volume 85.djvu/824

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PUBLIC LAW 92-220-DEC. 23, 1971

[85 STAT.

" (E) The total sum of all expenditures made by or ou behalf of such committee during the calendar year and not stated under subparagraph (D); " (F) The total sum of expenditures made by or on behalf of such committee during the calendar year. "(3) The statements required to be filed by paragraph (2) of this subsection shall be cumulative during the calendar year to which they relate, but where there has been no change in an item reported in a previous statement only the amount need be carried forward. "(4) Every person (other than a political committee) who makes an expenditure in one or more items, other than by contribution to a political committee, aggregating $50 or more within a calendar year for the purpose of influencing any general or primary election held under this Act, shall file with the Board an itemized detailed statement of such expenditure in the same manner as required of the treasurer of a political committee by paragraph (2) of this subsection. "(5) It shall be the duty of the treasurer of a political committee to keep a detailed and exact account of— " (1) All contributions made to or for such committee; "(2) The name and address of every person making any such contribution, and the date thereof; " (3) All expenditures made by or on behalf of such committee; and " (4) The name and address of every person to whom any such expenditure is made, and the date thereof. "(6) It shall be the duty of the treasurer to obtain and keep a receipted bill, stating the particulars, for every expenditure by or on behalf of a political committee exceeding $10 in amount. The treasurer shall preserve all receipted bills and accounts required to be kept by this section for a period of at least two years from the date of the filing of the statement containing such items. "(7) Every person who receives a contribution for a political committee shall, on demand of the treasurer, and in any event within five days after the receipt of such contribution, render to the treasurer a detailed account thereof, including the name and address of the person making such contribution, and the date on which received. Penalty. "(8) Any Candidate, treasurer of any independent committee, or party committee, or other person who willfully violates this subsection shall be fined not more than $5,000 or imprisoned for not more than 30 days, or both.". com°^"^ al"n^'^' (26) Subsection (b) of section 4 of such Act (D.C. Code, sec. '°8Ts"at?8°54*. 1-1104) is amended by striking "$50 per day, with a limit of $2500 per annum" and inserting "$75 per day with a limit of $11,250 per annum" in lieu thereof. Ante, p. 793. (27) Section 13 of such Act (as amended by paragraph (25) of this Act) is amended by adding after subsection (e) the following new subsection: " (f)(1) Subsection (e) of this section shall not require— " (A) registration under subsection (e)(1) of any independent committee or party committee which is registered as a political committee under section 303 of the Federal Election Campaign rulc"43^3'; Act of 1971, " (B) filing of any statement under paragraph (2) of such subsection (e) with respect to an election for Federal office by a candidate or committee required to file a report with respect to such election under section 304 of the Federal Election Campaign Act of 1971, or

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 85 STAT. ]

PUBLIC LAW 92-220-DEC. 23, 1971

" (C) the filing of any statement under paragraph (4) of such subsection (e) with respect to any election for Federal office by any person required to file a report with respect to such election under section 305 of the Federal Election Campaign Act of 1971. "(2) Paragraphs (5), (6), and (7) of subsection (e) of this section shall not apply to any committee which is not required to register under subsection (e)(1) of this section. "(3) For purposes of this subsection, the terms 'election' and 'Federal office' have the same meaning as such terms have under section 301 of the Federal Election Campaign Act of 1971. "(4) This subsection shall take effect on the date on which title III of the Federal Election Campaign Act of 1971 takes effect." (28) Paragraph (6) of subsection (a) of section 5 of such Act (D.C. Code, sec. 1-1105) is amended by striking out "paragraphs (1), (2), (3), or (4) " and by inserting in lieu thereof "paragraph (1), (2), or (3)". (29) Subsection (d) of section 5 of such Act (D.C. Code, sec. 1-1105) is amended by striking "persons not absent from the District but who are physically unable" and inserting "either persons temporarily absent from the District or persons physically unable" in lieu thereof. (30) Subsection (a) of section 7 of such Act (D.C. Code, sec. 1-1107) is amended by striking in the second sentence "person" and inserting "qualified elector". (31) Paragraph (1) of subsection (d) of section 7 of such Act (D.C. Code, sec. 1-1107) is amended (A) by striking from clause (A) the words "odd-numbered calendar year and of each presidential election year" and inserting "calendar year" in lieu thereof, and (B) by striking from clause (B) the words "presidential election" and inserting "even-numbered" in lieu thereof, and (C) by inserting in clause (C), after the word "special", the words, "or runoff". (32) Subsection (c) of section 8 of such Act (D.C. Code, sec. 1-1108) is amended to read as follows: "(c)(1) In each election of officials referred to in clause (1) of the first section of this Act, and in each election of officials designated for election at large pursuant to clause (4) of such section, the Board shall arrange the ballot of each party to enable the registered voters of such party to vote separately or by slate for each official duly qualified and nominated for election to such office. "(2) In each election of officials designated, pursuant to clause (4) of the first section of this Act, for election from a ward, the Board shall arrange the ballot of each party to enable the registered voters of such party, residing in such ward, to vote separately or by slate for each official duly qualified and nominated from such ward for election to such office from such ward." (33) Subsection (f) of section 8 of such Act (D.C. Code, sec. 1-1108) is amended by striking out "August 15" and inserting "the third Tuesday in August" in lieu thereof. (34) Paragraphs (1) and (2) of subsection (n) of section 8 of such Act (D.C. Code, sec. 1-1108) are each amended by striking out "qualified electors" and inserting "duly registered voters" in lieu thereof. SEC. 2. Section 302(i) of the Federal Corrupt Practices Act, 1925 (2 U.S.C. 241 (i)) is amended by inserting immediately before the period at the end thereof a comma and the following: "and the District of Columbia". SEC. 3. Paragraphs (1), (2), and (3) of subsection (c) of section 2 of the Act entitled "An Act to fix and regulate the salaries of teachers, school officers, and other employees of the Board of Education of the District of Columbia", approved June 20, 1906 (D.C. Code, sec. 3 1 101 (c)), are amended to read as follows:

795 Ante,

p. 793.

Definitions,

Effective date.

75 Stat. 8 1 7.

Ante,

p. 789,

Registration. 82 Stat. 103.

Ballot arrangement. 69 Stat. 7 0 1; 84 Stat. 854.

75 Stat. 8 1 8.

82 Stat. 104; 54 Stat. 849. Definitions. 43 Stat. 1070.

Qualifications.

82 Stat. 101.

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Page:United States Statutes at Large Volume 85.djvu/826

 796

Ante,

PUBLIC LAW 92-221-DEC. 23, 1971

p. 788.

Effective date.

[85 STAT.

"(1) Each member of the Board of Education elected from a ward shall at the time of his nomination (A) be a qualified elector (as that term is defined in section 2 of the District of Columbia Election Act) in the school election ward from which he seeks election, (B) have, for the ninety-day period immediately preceding his nomination, resided in the school election ward from which he is nominated, and (C) have, during the ninety-day period next preceding his nomination, been an actual resident of the District of Columbia and have during such period claimed residence nowhere else. A member shall forfeit his office upon failure to maintain the qualifications required by this paragraph. "(2) Each member of the Board of Education elected at large shall at the time of his nomination (A) be a qualified elector (as that term is defined in section 2 of the District of Columbia Election Act) in the District of Columbia, and (B) have, during the ninety-day period next preceding his nomination, been an actual resident of the District of Columbia and have during such period claimed residence nowhere else. A member shall forfeit his office upon failure to maintain the qualifications required by this paragraph. •'(3) No individual may hold the office of member of the Board of Education and (A) hold another elective office other than delegate or alternate delegate to a convention of a political party nominating candidates for President and Vice President of the United States, or (B) also be an officer or employee of the District of Columbia government or of the Board of Education. A member will forfeit his office upon failure to maintain the qualifications required by this paragraph."'. SEC. 4. The provisions of this Act and the amendments made thereby shall take effect as of January 1, 1972. Approved December 23, 1971. Public Law 92-221

December 23, 1971 [H. R. 9961]

Federal Credit Union Act, amendments. 84 Stat. 994. Temporary insurance.

84 Stat. 1017. 12 USC 1762.

AN ACT To provide Federal credit unions with two additional years to meet the requirements for insurance, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (a) Paragraph (2) of subsection (c) of section 201 of the Federal Credit Union Act (12 U.S.C. 1781(c)(2)) is amended by striking out "reject" and inserting in lieu thereof "disapprove". (b) Subsection (d) of such section 201 (12 U.S.C. 1781(d)) is amended to read as follows: " (d) In the case of any Federal credit union whose application for insurance is disapproved, if such Federal credit union has annually transferred such a percentage of its gross income to its reserves as is required under section 116(a) and notwithstanding any reserving requirements established under section 116(b) of this Act, the Administrator shall nonetheless issue to such Federal credit union a certificate of insurance which shall be valid for a period of two years. The Administrator shall suspend or revoke the charter of any Federal credit union which has failed, upon the expiration of such two-year period of insurance, to file an application for insurance which is approved by the Administrator in accordance with subsection (c). A Federal credit union which is insured under this subsection for a

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Page:United States Statutes at Large Volume 85.djvu/827

 85 STAT. ]

PUBLIC LAW 92-221-DEC. 23, 1971

797

period of two years is an insured credit union under the provisions of this title for such period of two years. The Administrator shall, having regard to the purposes of this subsection, make every reasonable effort to prevent the closing of any Federal credit union which is insured for a period of two years under this subsection and is found to be in financial difficulties, if he determines that with the technical assistance and management training and counseling authorized to be provided under this subsection there is reasonable assurance that such difficulties can be sufficiently resolved within such two-year period so as to minimize the expenses of the Fund. The Administrator shall offer technical assistance, management training, and management counseling to all credit unions whose application for insurance has been disapproved so as to enable the maximum number of such credit unions to meet the standards for insurance required by this title. In furnishing such technical assistance, management training, and management counseling, the Administrator may utilize moneys in the National Credit Union Stat. 999. Share Insurance F u n d as provided under section 203(a) of this title. 84 USC 1783. 12 The Administrator shall also encourage to the maximum extent feasible, that such technical assistance, management training, and management counseling be made available through State stabilization funds, similar funds, or similar State credit union organizations. The Administrator shall also encourage State Credit Union Stabilization Funds or similar funds to reimburse the Credit Union Share Insurance F u n d for any insurance payments made on behalf of accounts at insured credit unions whose applications for insurance have been disapproved." SEC. 2. Subsection (c) of section 201 of the Federal Credit Union state credit Act (12 U.S.C. 1781(c)) is amended by adding at the end thereof the ""'°"'* following new paragraph: "(3) With respect to State credit unions which are authorized by State law to receive demand deposits, the Administrator shall approve the application of any such State credit union for insurance of its member accounts if (A) such State credit union otherw^ise meets the requirements for insurance established under this Act, and (B) in the event of liquidation of such State credit union, the claims with respect to demand deposit accounts shall be subordinate to the claims with respect to member accounts. For purposes of this paragraph and for purposes of determining the extent of insurance coverage under this Act, demand deposit accounts shall not be considered member accounts and shall not be insured under the provisions of this Act." SEC. 3. Section 208(a)(2) of the Federal Credit Union Act (12 '^°"""U.S.C. 1788(a)(2)) is amended by— (1) striking out "assumption of its liability by another insured credit union" and inserting in lieu thereof "assumption of its liability by another person"; (2) striking out "may guarantee any other insured credit union against loss by reason of its" and inserting in lieu thereof "may guarantee any person against loss by reason of his"; and (3) adding at the end thereof the following new sentence: "For "Person." purposes of this paragraph, the term 'person' means any credit union, individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity." Approved December 23, 1971.

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Page:United States Statutes at Large Volume 85.djvu/828

 798

PUBLIC LAW 92-222-DEC. 23, 1971

[85 STAT.

Public Law 92-222 December 23, 1971 [S.2887]

River B a s i n Monetary Authorization Act of 1971.

AN ACT Authorizing additional appropriations -for prosecution of projects in certain comprehensive river basin plans for flood control, navigation, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) in addition to previous authorizations, there is hereby authorized to be appropriated for the prosecution of the comprehensive plan of development of each river basin under the jurisdiction of the Secretary of the Army referred to in the first column below, which was basically authorized by the Act referred to by date of enactment in the second column below, an amount not to exceed that shown opposite such river basin in the third column below: Basin

Alabama-Coosa River Arkansas River Brazos River Central and southern Florida Columbia River Mississippi River and tributaries Missouri River North Branch, Susquehanna River Ohio River Quachita River San Joaquin River South Platte River___-_ Upper Mississippi River White River Limitation. Frazep-Wolf P o i n t irrigation unit.

Crow Creek Sioux Reservation, S. Dak., townsite construe tion.

Act of Congress

Amount

Mar. 2, 1945 $38, 000, 000 June 28, 1938 57, 000, 000 Sept. 3, 1954 20,000,000 June 30, 1948 18, 000, 000 June 28, 1938 130, 000, 000 May 15, 1928 97, 000, 000 June 28, 1938 101, 000, 000 July 3, 1958 17, 000, 000 June 22, 1936 62, 000, 000 May 17, 1950 1, 000, 000 Dec. 22, 1944 44, 000, 000 May 17, 1950 37, 000, 000 June 28, 1938 2, 000, 000 June 28, 1938 4, 000, 000

(b) The total amount authorized to be appropriated by this section shall not exceed $628,000,000. SEC, 2. The Chief of Engineers, under the direction of the Secretary of the Army, is hereby authorized to perform such work as may be required, including the construction of dikes, to prevent shoaling near the pumping plant intake of the Frazer-Wolf Point irrigation unit on the Fort Peck Indian Reservation, located on the north bank of the Missouri River about thirty miles downstream from the Fort Peck Dam, at an estimated cost of $335,000 subject to the provision that the Bureau of Indian Affairs, Department of the Interior, obtain all necessary lands, easements, and rights-of-way, and maintain the project after completion. SEC. 3. (a) That in connection with the improvements authorized by section 6 of the Act approved October 3, 1962 (76 Stat. 704, 706), to be undertaken on the Crow Creek Sioux Reservation in South Dakota, the Secretary of the Army is authorized and directed to provide the following under plans approved by the Crow Creek Sioux Tribal Council, at an estimated cost of $800,000: (1) in connection with the community center building which serves as the Crow Creek Tribal Council offices: offices or conference rooms for visiting Bureau of Indian Affairs personnel, auditorium facilities, sufficient offices and conference rooms for tribal offices, and an adequately sized and equipped kitchen to serve community gatherings; (2) adequate water, sewer, and drainage facilities; (3) a street lighting system throughout the townsite; (4) widening of streets and provision of offstreet residential parking; (5) sufficient parking near the community center for community gatherings;

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Page:United States Statutes at Large Volume 85.djvu/829

 85 STAT. ]

PUBLIC LAW 92-222-DEC. 23, 1971

799

(b) The Secretary of the Interior is hereby authorized and directed Reimbursement. to reimburse the Crow Creek Sioux Tribe, from appropriations authorized by subsection (a) of this section, for all attorneys' fees and engineering fees, and expenses related thereto, as approved by the Secretary of the Interior, that the tribe has incurred or will incur in obtaining and implementing legislation to remedy difficulties arising from implementation of the Act of October 3, 1962 (76 Stat. 704), but such reimbursement shall not exceed a total of $22,500. SEC. 4. Section 221 of the Flood Control Act of 1970 (84 Stat. 1824, ^^ use 1962d.. 1831) is amended by striking the period at the end of subsection (f), sb, substituting a comma therefor, and adding the following: "or to the assurances for future demands required by the Water Supply Act of 1958, as amended." \l l'^^- ^^^; SEC. 5. The Secretary of the Army, acting through the Chief of note. p]ngineers, is hereby authorized to cause a survey to be made for flood chiitipin creek, control and allied purposes, including channel and major drainage ^^ ^"^^y* improvements, and floods aggravated by or due to wind or tidal effects on Chiitipin Creek at and in the vicinity of Sinton, Texas. SEC. 6. The project for flood protection on Fourmile Run, city of Fourmue Run, Alexandria and Arlington County, Virginia, approved by resolutions modinca'tion. of the Committees on Public Works of the United States Senate and House of Representatives, dated June 25, 1970, and July 14, 1970, respectively, in accordance with the provisions of section 201 of the Flood Control Act of 1965 (Public Law 89-298), is hereby modified 79 Jta^ m3^_^ to provide that the Secretary of the Army, acting through the Chief of Engineers, shall replace the George Washington Memorial Parkway bridge over Fourmile Run, at Federal expense, substantially as recommended by the Chief of Engineers in his report dated March 2, 1970, published as House Document Numbered 91-358. SEC. 7. The project for flood control and improvement of the lower oMon'Rive"^'° Mississippi River, adopted by the Act of May 15, 1928 (45 Stat. 534), xenn. as amended and modified, is hereby further modified to provide that 33 USC 702a. local cooperation to be hereafter furnished in connection with the Obion River Diversion aspect of the Tiptonville to Obion River, Tennessee project, authorized by the Act approved June 22, 1936, and ^^ Stat. 1570. amended by the Act approved July 24, 1946, shall consist of the require- so Stat. 634. ment that local interests agree to maintain the completed works in accordance with the provisions of section 3 of the Act of May 15, 1928, and hold and save the United States free from damages due to 45 Stat. 535. the construction works. SEC. 8. Nothing in any prior Act of Congress, committee report, or congressional document, shall be construed as requiring the State of West Virginia, in connection with the construction of the Stonewall Jackson Lake, West Fork River, West Virginia, and the Rowlesburg Lake project. Cheat River, West Virginia, to furnish assurances that it will hold and save the United States free from any claims for damages from storage of water. SEC. 9. The Act entitled "An Act to provide for municipal use of Benbrook Resetstorage water in Benbrook Dam, Texas" approved July 24, 1956 (70 °*'"' ^^' Stat. 632) as amended by Public Law 91-282, is further amended by s^ Stat. 312. inserting immediately after the end of the Act the following: "The Secretary of the Army is authorized to contract with the city of Arlington, Texas, for the use of water supply storage in the Benbrook Reservoir for municipal water supply for any storage not used by the city of Fort Worth or the Benbrook Water and Sewer Authority, for a period not to exceed four years or until such time as the water supply storage is needed for navigation purposes, whichever first occurs." SEC. 10. (a) In order to protect the environment, promote safety, and ^^^J^ians^"' provide access to the public use recreation area around Perry Reser- ^°"'

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Page:United States Statutes at Large Volume 85.djvu/830

 800

PUBLIC LAW 92-222-DEC. 23, 1971

[85 STAT.

voir, Kansas, the Secretary of the Army, acting through the Corps of Engineers, is authorized and directed, notwithstanding any other provision of law, to take such action as may be necessary to improve the following roads in the vicinity of the Perry Reservoir area, Kansas: (1) The road leading north from United States Highway Numbered 24, at Perry, Kansas, to an intersection with a black top road east of the dam, consisting of approximately three miles; (2) The road on the west side of Perry Reservoir beginning at the north end of Delaware State P a r k running north and west and intersecting State Highway K Numbered 92 approximately one and one half miles west of Ozawkie, Kansas, consisting of approximately six miles; and (3) The road beginning on State Highway K Numbered 92, one mile east of Old Town Public Use Area, and running north approximately eight miles to intersect with State Highway K Numbered 4 and State Highway K Numbered 16 east of Valley Falls, consisting of approximately nine miles. (b) In carrying out such improvements, the Secretary of the Army shall be authorized to realign and grade such roads, and to pave such roads with a plant-mix bituminous surface (including chemical stabilization), in accordance with secondary road standards of the State of Kansas. Mccieiian-Kerr gj,^ n (^^ j ^ Order to provldc adjustments in the lands or interplTje^u^kta!"'^ ests in land heretofore acquired for the Verdigris River portion of the land reconveyMcClellan-Kerr River Navigation Project in Oklahoma to conform ^"''^* such acquisition to a lesser estate in lands now being acquired to complete the real estate requirements of the project the Secretary of the Army (hereinafter referred to as the "Secretary") is authorized to reconvey any such land heretofore acquired to the former owners thereof whenever he shall determine that such land is not required for public purposes, including public recreational use, and he shall have received an application for reconveyance as hereinafter provided, subject to the following limitations: (1) No reconveyance shall be made if within thirty days after the last date that notice of the proposed reconveyance has been published by the Secretary in a local newspaper, an objection in writing is received by the former owner and the Secretary from a present record owner of land abutting a portion of the reservoir made available for reconveyance, unless within ninety days after receipt by the former owner and the Secretary of such notice of objection, the present record owner of land and the former owner involved indicate to the Secretary that agreement has been reached concerning the reconveyance. (2) If no agreement is reached between the present record owner of land and the former owner within ninety days after notice of objection has been filed with the former owner and the Secretary, the land made available for reconveyance in accordance with this section shall be reported to the Administrator of General Services for disposal in accordance with the Federal property and Administrative Services Act of 1949, as amended 40 USC 471 (63 Stat. 377). "°*^* (b) Any such reconveyance of any such land or interests shall be made only after the Secretary (1) has given notice, in such manner (including publication) as regulations prescribe to the former owner of such land or interests, and (2) has received an application for the reconveyance of such land or interests from such former owner in such form as he shall by regulation prescribe. Such application shall be made within a period of ninety days following the date of issuance of such notice, but on good cause the Secretary may waive this requirement.

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Page:United States Statutes at Large Volume 85.djvu/831

 85 STAT. ]

PUBLIC LAW 92-222-DEC. 23, 1971

801

(c) Any reconveyance of land therein made under this section shall be subject to such exceptions, restrictions, and reservations (including a reservation to the United States of fiowage rights) as the Secretary may determine are in the public interest, except that no mineral rights may be reserved in said lands unless the Secretary finds that such reservation is needed for the efficient operation of the reservoir project designated in this section. (d) Any land reconveyed under this section shall be sold for an amount determined by the Secretary to be equal to the price for which the land was acquired by the United States, adjusted to reflect (1) any increase in the value thereof resulting from improvements made thereon by the United States (the Government shall receive no payment as a result of any enhancement of values resulting from the construction of the reservoir project specified in subsection (a) of this section), or (2) any decrease in the value thereof resulting from (A) any reservation, exception, restrictions, and condition to which the reconveyance is made subject, and (B) any damage to the land caused by the United States. I n addition, the cost of any surveys or boundary markings necessary as an incident of such reconveyance shall be borne by the grantee. (e) The requirements of this section shall not be applicable with respect to the disposition of any land, or interest therein, described in subsection (a) if the Secretary shall certify that notice has been given to the former owner of such land or interest as provided in subsection (b) and that no qualified applicant has made timely application for the reconveyance of such land or interest. (f) As used in this section the term "former owner" means the per- "Former son from whom any land, or interests therein, was acquired by the ''^"^'••" United States, or if such person is deceased, his spouse, or if such spouse is deceased, his children or the heirs at law; and the term "pres- "Present record ent record owner of land" shall mean the person or persons in whose °'"'^" °^ ^^"'^^ name such land shall, on the date of approval of this Act, be recorded on the deed records of the respective county in which such land is located. (g) The Secretary of the Army may delegate any authority conferred upon him by this section to any officer or employee of the Department of the Army. Any such officer or employee shall exercise the authority so delegated under rules and regulations approved by the Secretary. . (h) Any proceeds from reconveyances made under this Act shall be covered into the Treasury of the United States as miscellaneous receipts. (i) This section shall terminate three years after the date of its Termination enactment. '^^*^* SEC. 12. The project for Whiteoak Dam and Reservoir on Whiteoak whiteoak Dam Creek, Ohio, Ohio River Basin, for flood protection and other pur- owofproject" poses, is hereby authorized substantially in accordance with the rec- modification. ommendations of the Secretary of the Army in his report on the Development of "Water Resources in Appalachia, dated April 1971, at an estimated cost of $40,031,000, except that no funds shall be appropriated to carry out this section until the project is approved by the Appalachian Regional Commission and the President. SEC. 13. (a) The Lower Monumental Lock and Dam Project, Snake ^i;°rrLoc°k and River, Washington, authorized by the River and Harbor Act approved Dam Project, March 2, 1945 (59 Stat. 10), is hereby modified to provide that the wash,, modincaUnited States shall perform, or pay the cost of performance of, such measures as the Secretary of the Armi^ determines are or may have been necessary to protect any railway bridge or structure from damage caused by the project.

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Page:United States Statutes at Large Volume 85.djvu/832

 802

Short title.

PUBLIC LAW 92-223-DEC. 28, 1971

[85 STAT.

(b) The Secretary of the Army in making the determination reqmred by subsection (a) of this section shall charge to the owner of any such bridge or structure an amount equal to the net value to such owner of any direct and special benefits accruing to the owner from any improvement or addition to or betterment of the bridge or structure, including any expectable decrease in repair, maintenance, or operating expense. SEC. 14. This Act may be cited as the "River Basin Monetary Authorization Act of 1971". Approved December 23, 1971. Public Law 92-223

December 28, 1971 [H. R. 10604]

Social Security Act, amendments. 74 Stat. 947. 42 USC 402.

Memorial service x p e n s e s.

Effective date. 70 Stat. 819. 42 USC 4 0 1.

AN ACT To amend title II of the Social Security Act to permit the payment of the lumpsum death payment to pay the burial and memorial services expenses and related expenses for an insured individual whose body is unavailable for burial.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the second sentence of section 202(i) of the Social Security Act is amended by striking out "or" at the end of clause (2), by renumbering clause (8) as clause (4), and by inserting after clause (2) the following new clause: " (3) if the body of such insured individual is not available for burial but expenses were incurred with respect to such individual in connection with a memorial service, a memorial marker, a site for the marker, or any other item of a kind for which expenses are customarily incurred in connection with a death and such expenses have been paid, to any person or persons, equitably entitled thereto, to the extent and m the proportions that he or they shall have paid such expenses; or", (b) The second sentence of section 202(i) of such Act is further amended by striking out "clauses (1) and (2) " in the clause renumbered as clause (4) by subsection (a) and inserting in lieu thereof "clauses (1), (2),and (3)". SEC. 2. The amendments made by the first section of this Act shall be effective only in the case of lump-sum death payments under title II of the Social Security Act made with respect to deaths which occur after December 31, 1970.

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Page:United States Statutes at Large Volume 85.djvu/833

 85 STAT. ]

PUBLIC LAW 92-223-DEC. 28, 1971 IMPROVEMENT

OF W O R K

INCENTIVE

PROGRAM

SEC. 3. (a)(1) Section 402(a) (15) of the Social Security Act is amended to read as follows: "(15) provide (A) for the development of a program, for each appropriate relative and dependent child receiving aid under the plan and for each appropriate individual (living in the same home as a relative and child receiving such aid) whose needs are taken into account in making the determination under clause (7), for preventing or reducing the incidence of births out of wedlock and otherwise strengthening family life, and for implementing such program by assuring that m all appropriate cases family planning services are offered to them, but acceptance of family planning services provided under the plan shall be voluntary on the part of such members and individuals and shall not be a prerequisite to eligibility for or the receipt of any other service under the plan; and (B) to the extent that services provided under this clause or clause (14) are furnished by the staff of the State agency or the local agency administering the State plan in each of the political subdivisions of the State, for the establishment of a single organizational unit in such State or local agency, as the case may be, responsible for the furnishing of such services;". (2) Section 402(a) (19)(A) of such Act is amended to read as follows: " (A) that every individual, as a condition of eligibility for aid under this part, shall register for manpower services, training, and employment as provided by regulations of the Secretary of Labor, unless such individual is— " (i) a child who is under age 16 or attending school full time; " (ii) a person who is ill, incapacitated, or of advanced age; "(iii) a person so remote from a work incentive project that his effective participation is precluded; "(iv) a person whose presence in the home is required because of illness or incapacity of another member of the household; " (v) a mother or other relative of a child under the age of six who is caring for the child; or "(vi) the mother or other female caretaker of a child, if the father or another adult male relative is in the home and not excluded by clause (i), (ii), (iii), or (iv) of this subparagraph (unless he has failed to register as required by this subparagraph, or has been found by the Secretary of Labor under section 433(g) to have refused without good

75-432 O - 72 - 53

803

81 Stat. 877. 42 USC 602.

81 Stat. 881.

Registration. 81 Stat. 890.

81 Stat. 8 8 5. 42 USC 633.

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