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 80

80 Stat. 383. Fair market price.

Central nonprofit agency, designation.

Rules and regulations.

Blind-made products, priority.

Problems and production methods, study.

PUBLIC LAW 92-28-JUNE 23, 1971

[85 STAT.

" (A) the commodities produced by any qualified nonprofit agency for the blind or by any quahfied nonprofit agency for other severely handicapped, and " (B) the services provided by any such agency, which the Committee determines are suitable for procurement by the Government pursuant to this Act. Such list shall be established and published in the Federal Register before the expiration of the thirtyday period beginning on the effective date of this paragraph and shall initially consist of the commodities contained, on such date, in the schedule of blind-made products issued by the former Committee on Purchases of Blind-Made Products under its regulations. "(2) The Committee may, by rule made in accordance with the requirements of subsections (b), (c), (d), and (e) of section 553 of title 5, United States Code, add to and remove from the procurement list commodities so produced and services so provided. " (b) The Committee shall determine the fair market price of commodities and services which are contained on the procurement list and which are offered for sale to the Government by any qualified nonprofit agency for the blind or any such agency for other severely handicapped. The Committee shall also revise from time to time in accordance with changing market conditions its price determinations with respect to such commodities and services. "(c) The Committee shall designate a central nonprofit agency or agencies to facilitate the distribution (by direct allocation, subcontract, or any other means) of orders of the Government for commodities and services on the procurement list among qualified nonprofit agencies for the blind or such agencies for other severely handicapped. " (d)(1) The Committee may make rules and regulations regarding (A) specifications for commodities and services on the procurement list, (B) the time of their delivery, and (C) such other matters as may be necessary to carry out the purposes of this Act. "(2) The Committee shall prescribe regulations providing that— " (A) in the purchase by the Government of commodities produced and offered for sale by qualified nonprofit agencies for the blind or such agencies for other severely handicapped, priority shall be accorded to commodities produced and offered for sale by qualified nonprofit agencies for the blind, and " (B) in the purchase by the Government of services offered by nonprofit agencies for the blind or such agencies for other severely handicapped, priority shall, until the end of the calendar year ending December 31, 1976, be accorded to services offered for sale by qualified nonprofit agencies for the blind. "(e) The Committee shall make a continuing study and evaluation of its activities under this Act for the purpose of assuring effective and efficient administration of this Act. The Committee may study (on its own or in cooperation with other public or nonprofit private agencies)(1) problems related to the employment of the blind and of other severely handicapped individuals, and (2) the development and adaptation of production methods which would enable a greater utilization of the blind and other severely handicapped individuals. PROCUREMENT REQUIREMENTS FOR THE

GOVERNMENT

"SEC. 3. If any entity of the Government intends to procure any commodity or service on the procurement list, that entity shall, in accordance with rules and regulations of the Committee, procure such commodity or service, at the price established by the Committee, from a qualified nonprofit agency for the blind or such an agency for other severely handicapped if the commodity or service is available

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 85 STAT. ]

PUBLIC LAW 92-28-JUNE 23, 1971

within the period required by that Government entity; except that this section shall not apply with respect to the procurement of any commodity which is available for procurement from an industry established under chapter 307 of title 18, United States Code, and ^^%^ll%^^^' which, under section 4124 of such title, is required to be procured from jg use 4121. such industry. es Stat. 723. "AUDIT

"SEC. 4. The Comptroller General of the United States, or any of his duly authorized representatives, shall have access, for the purpose of audit and examination, to any books, documents, papers, and other records of the Committee and of each agency designated by the Committee under section 2(c). This section shall also apply to any qualified nonprofit agency for the blind and any such agency for other severely handicapped which have sold commodities or services under this Act but only with respect to the books, documents, papers, and other records of such agency which relate to its activities in a fiscal year in which a sale was made under this Act. ii

DEFINITIONS

"SEC. 5. For purposes of this Act— "(1) The term 'blind' refers to an individual or class of individuals whose central visual acuity does not exceed 20/200 in the better eye with correcting lenses or whose visual acuity, if better than 20/200, is accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than 20 degrees. "(2) The terms 'other severely handicapped' and 'severely handicapped individuals' mean an individual or class of individuals under a physical or mental disability, other than blindness, which (according to criteria established by the Committee after consultation with appropriate entities of the Government and taking into account the views of non-Government entities representing the handicapped) constitutes a substantial handicap to employment and is of such a nature as to prevent the individual under such disability from currently engaging in normal competitive employment. "(3) The term 'qualified nonprofit agency for the blind' means an agency— " (A) organized under the laws of the United States or of any State, operated in the interest of blind individuals, and the net income of which does not inure in whole or in part to the benefit of any shareholder or other individual; " (B) which complies with any applicable occupational health and safety standard prescribed by the Secretary of Labor; and " (C) which in the production of commodities and in the provision of services (whether or not the commodities or services are procured under this Act) during the fiscal year employs blind individuals for not less than 75 per centum of the man-hours of direct labor required for the production or provision of the commodities or services. "(4) The term 'qualified nonprofit agency for other severely handicapped' means an agency— " (A) organized under the laws of the United States or of any State, operated in the interest of severely handicapped individuals who are not blind, and the net income of which does not inure in whole or in part to the benefit of any shareholder or other individual; " (B) which complies with any applicable occupational health and safety standard prescribed by the Secretary of Labor; and

81

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80 Stat. 378, 379.

PUBLIC LAW 92-29-JUNE 23, 1971

" (C) which in the production of commodities and in the provision of services (whether or not the commodities or services are procured under this Act) during the fiscal year employs blind or other severely handicapped individuals for not less than 75 per centum of the man-hours of direct labor required for the production or provision of the commodities or services. "(6) The term 'direct labor' includes all work required for preparation, processing, and packing, but not supervision, administration, inspection, and shipping. "(7) The term 'fiscal year' means the twelve-month period beginning on July 1 of each year. " (8) The terms 'Government' and 'entity of the Government' include any entity of the legislative branch or the judicial branch, any executive agency or military department (as such agency and department are respectively defined by sections 102 and 105 of title 5, United States Code), the United States Postal Service, and any nonappropriated fund instrumentality under the jurisdiction of the Armed Forces. "(9) The term 'State' includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands. " AUTHORIZATION OF

Effective date.

[85 STAT.

APPROPRIATIONS

"SEC. 6. There are authorized to be appropriated to the Committee to carry out this Act $200,000 each for the fiscal year ending June 30, 1972, and the next two succeeding fiscal years." SEC. 2. The amendment made by the first section of this Act shall take effect on the first day of the first month which begins more than thirty days after the date of enactment of this Act. Approved June 23, 1971.

Public Law 92-29 June 23, 1971 [H. R. 4353]

Indians. Iowa Tribes of Okla. and K a n s. Nebf. Judgment funds, disposition.

Per capita distribution.

.AN ACT To provide for the disposition of funds appropriated to pay judgments in favor of the Iowa Tribe of Oklahoma and of Kansas and Nebraska in Indian Claims Commission dockets numbered 79-A, 153, 158, 209, and 231, 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) the funds on deposit in the United States Treasury to the credit of the Iowa Tribes of Oklahoma and of Kansas and Nebraska that were appropriated by the Act of December 26, 1969 (83 Stat. 447), to pay a judgment Jby the Indian Claims Commission in docket numbered 79-A, and the interest thereon, and funds appropriated by the Act of July 6, 1970 (84 Stat. 376), to pay judgments in Indian Claims Commission dockets numbered 153, 158, 209, and 231, and the interest thereon, after payment of attorney fees and other litigation expenses, shall be divided on the basis of one-hundred-and-seventy-one two-hundredand-seventy-ninths (61.29 per centum) to the Iowa Tribe of Kansas and Nebraska and one-hundred-and-eight two-hundred-and-seventyninths (38.71 per centum) to the Iowa Tribe of Oklahoma. (b) The funds so divided, including interest accruing thereon, may be advanced, deposited, expended, invested, or reinvested for any purposes that are authorized by the respective tribal governing bodies and approved by the Secretary of the Interior. (c) Any part of such funds that may be distributed per capita under the provisions of this Act shall be payable only to those persons

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83

PUBLIC LAW 92-30-JUNE 23, 1971

who meet the membership requirements specified in the constitution of the respective tribes. (d) None of the funds distributed per capita under the provisions of this Act shall be subject to Federal or State income taxes. (e) Sums payable under this Act to enrollees or their heirs or legatees who are less than twenty-one years of age or who are under a legal disability shall be paid in accordance with such procedures, including the establishment of trusts, as the Secretary of the Interior determines appropriate to protect the best interests of such persons. (f) The Secretary of the Interior is authorized to prescribe rules and regulations to carry out the provisions of this Act. Approved June 23, 1971.

Income tax exemption. Minors, payment p r o c e d u r e s.

Rules and regulations.

Public Law 92-30 AN ACT To provide for the disposition of funds appropriated to pay judgments in favor of the Snohomish Tribe in Indian Claims Commission docket numbered 125, the Upper Skagit Tribe in Indian Claims Commission docket numbered 92, and the Snoqualmie and Skykomish Tribes in Indian Claims Commission docket numbered 93, 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 funds appropriated by the Act of May 29, 1967 (81 Stat. 30, 42), to pay a judgment to the Snohomish Tribe in Indian Claims Commission docket numbered 125, and the Act of October 21, 1968 (82 Stat. 1190, 1198), to pay judgments to the Upper Skagit Tribe in Indian Claims Commission docket numbered 92 and the Snoqualmie and Skykomish Tribes in Indian Claims Commission docket numbered 93, together with the interests thereon, after payment of attorney fees and litigation expenses, and such expenses as may be necessary in effecting the provisions of this Act, shall be distributed as provided herein. SEC. 2. The Secretary of the Interior shall prepare separate rolls of all persons born on or prior to and living on the date of this Act who are lineal descendants of members of the Snohomish Tribe, of the Upper Skagit Tribe, including the allied Suiattle-Sauk Band, and of the Snoqualmie and Skykomish Tribes, as they were constituted in 1855: Provided, That no person shall be enrolled as a descendant of the Snohomish Tribe if he has shared or is eligible to share in a per capita distribution of a judgment against the United States recovered by any other tribe. SEC. 3. Applications for enrollment must be filed with the Superintendent, Western Washington Agency, Bureau of Indian Affairs, at Everett, Washington, in the manner and within the time limits prescribed for that purpose. The determination of the Secretary of the Interior regarding the utilization of available records and rolls, and the eligibility for enrollment of an applicant, shall be final. SEC. 4. The judgment funds of the respective tribes shall be distributed per capita to the persons whose names appear on the roll of the respective tribe prepared in accordance with section 2 of this Act. SEC. 5. Sums payable to adult living enrollees or to adult heirs or legatees of deceased enrollees shall be paid directly to such persons. Sums payable to enrollees or their heirs or legatees who are less than twenty-one years of age or who are under legal disability shall be paid in accordance with such procedures, including the establishment of trusts, as the Secretary of the Interior determines appropriate to protect the best interests of such persons. 75-432 O - 72 - 8

June 23, 1971 [H. R. 1444]

Indians. Snohomish, Upt5er Skagit, Snoqualmie and Skykomish T r i b e s. Judgment funds, disposition.

Descendants, enrollment.

Applications.

P e r capita d i s tribution.

Payment procedures.

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 84 Income tax exemption. Rules and regulations.

PUBLIC LAW 92-31-JUNE 30, 1971

[85 STAT.

SEC. 6. The funds that are distributed per capita under the provisions of this Act shall not be subject to Federal or State income tax. SEC. 7. The Secretary of the Interior is authorized to prescribe rules and regulations to carry out the provisions of this Act, including the establishment of deadlines. Approved June 23, 1971.

Public Law 92-31 June 30, 1971 [S.1732]

J u v e n i l e Delinquency P r e v e n tion and Control Act Amendments of 1971.

AN ACT To amend and extend the provisions of the Juvenile Delinquency Prevention and Control Act of 1968, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Juvenile Delinquency Prevention and Control Act Amendments of 1971". REHABILITATIVE SERVICES

82 Stat. 464. 42 USC 3822. 42 USC 3823.

SEC. 2. (a) Section 112 of the Juvenile Delinquency Prevention and Control Act of 1968 is amended by striking out "60 per centum" and inserting in lieu thereof "75 per centum". (b) Section 113(a) of such Act is amended by inserting "or by a nonprofit private agency or organization," after "other public agency or combination thereof," the first time it appears in such section. AUTHORIZATION

42 USC 3882.

SEC. 3. Section 402 of the Juvenile Delinquency Prevention and Control Act of 1968 is amended by striking the word "and" before "$75,000,000" and by inserting before the period a comma and the following: "and $75,000,000 for the fiscal year ending June 30, 1972". COORDINATION

42 USC 3887. Interdepartmental e o u n c i l, establishment.

Annual report to C o n g r e s s. 42 USC 3888.

SEC. 4. Section 407 of the Juvenile Delinquency Prevention and Control Act of 1968 is amended to read as follows: " (a) There shall be established an Interdepartmental Council whose function shall be to coordinate all Federal juvenile delinquency programs. " (b) The Council shall be composed of the Attorney General, the Secretary of Health, Education, and Welfare, or their respective designees, and representatives of such other agencies as the President shall designate. "(c) The Chairman of the Council shall be appointed by the President, and its first meeting shall occur not later than thirty days after the enactment of this legislation. " (d) The Council shall meet a minimum of six times per year and the activities of the Council shall be included in the annual report as required by section 408(4) of this title." EFFECTIVE DATE

SEC. 5. The amendments made by this Act shall be effective with respect to appropriations for the fiscal year beginning on July 1, 1971. Approved June 30, 1971.

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PUBLIC LAW 92-32-JUNE 30, 1971

85

Public Law 92-32 AN ACT

j y ^ g 3Q^ j g ^ j

To extend the school breakfast and special food programs.

[H. R. 5257]

Be it enacted by the Senate and House of Representatives of the Food United States of America in Congress assembled, That the National programsservice for School Lunch Act (42 U.S.C. 1752) is amended by adding at the end chifdren" of the Act the following new section: 6o'sTa^°230; "SEC. 15. (a) In addition to funds appropriated or otherwise avail- 84 Stat. 213. able, the Secretary is authorized to use, during the fiscal year ending ^^^^^"^^ ^^^^ June 30, 1971, not to exceed $35,000,000 in funds from Section 32 of " ^' the Act of August 24, 1935 (7 U.S.C. 612c), to carry out the provisions Q2ltTu\257^.' of this Act, and during the fiscal year ending June 30, 1972, not to exceed $100,000,000 in funds from such section 32 to carry out the provisions of this Act relating to the service of free and reduced-price meals to needy children in schools and service institutions. "(b) Any funds unexpended under this section at the end of the fiscal year ending June 30, 1971, or at the end of the fiscal year ending June 30, 1972, shall remain available to the Secretary in accordance with the last sentence of section 3 of this Act, as amended." ^2 USC m 2 SEC. 2. The first sentence of section 4(a) of the Child Nutrition Act school bre.^kfast of 1966 (42 U.S.C. 1773(a)) is amended to read as follows: "There is program, approhereby authorized to be appropriated for each of the fiscal years 1972 ^"g^^^sut. 119. and 1973 not to exceed $25,000,000 to carry out a program to assist the States through grants-in-aid and other means to initiate, maintain, or expand nonprofit breakfast programs in schools." SEC. 3. (a) The first sentence of section 4(c) of such Act (42 U.S.C. ^^s^tate di^sbur^se1773 (c)) is amended by striking out "to reimburse such schools for '"^i^o Stat. sse.' the" and inserting "to assist such schools in financing the". (b) The last sentence of such section 4(c) is amended to read as follows: " I n selecting schools for participation, the State educational agency shall, to the extent practicable, give first consideration to those schools drawing attendance from areas in which poor economic conditions exist, to those schools in which a substantial proportion of the children enrolled must travel long distances daily, and to those schools in which there is a special need for improving the nutrition and dietary practices of children of working mothers and children from lowincome families.". S E C 4. Section 4(d) of the Child Nutrition Act of 1966, is amended by striking out "80 per centum" and inserting "100 per centum". SEC. 5. Section 4(e) of the Child Nutrition Act of 1966 is amended by striking out the sentence reading "In making such determinations, such local authorities should, to the extent practicable, consult with public welfare and health agencies." and inserting the following: "Such determinations shall be made by local school authorities m accordance with a publicly announced policy and plan applied equitably on the basis of criteria which, as a minimum, shall include the level of family income, including welfare grants, the number in the family unit, and the number of children in the family unit attending school or service institutions; but any child who is a member of a household which has an annual income not above the applicable family size income level set forth in the income poverty guidelines shall be served meals free or at reduced cost. The income poverty guidelines to be used for any fiscal year shall be those prescribed by the Secretary as of July 1 of such year. In providing meals free or at reduced cost to needy children, first priority shall be given to providing free meals to the neediest children. Determination with respect to the annual income of any household shall be made solely on the basis of an affidavit executed in such form as the Secretary may prescribe by an

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PUBLIC LAW 92-33-JUNE 30, 1971

80 Stat. 887. 42 USC 1773.

Direct distribution programs.

49 Stat. 774; 62 Stat. 1257.

60 Stat. 230. 80 Stat. 885. 42 USC 1751 note, 1771 note.

Grants-in-aid. 82 Stat. 117.

Non-Federal contributions.

[85 STAT.

adult member of such household. None of the requirements of this section in respect to eligibility for meals withbut cost shall apply to nonprofit private schools which participate in the school breakfast program under the provisions of subsection (f) until such time as the Secretary certifies that sufficient funds from sources other than children's payments are available to enable such schools to meet these requirements." SEC. 6. I n addition to funds appropriated or otherwise available, the Secretary of Agriculture is authorized to use, during the fiscal year ending June 30, 1972, not to exceed $20,000,000 in funds from section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), for the purpose of carrying out in any area of the United States direct distribution or other programs, without regard to whether such area is under the food stamp program or a system of direct distribution, to provide, in the immediate vicinity of their place of permanent residence, either directly or through a State or local welfare agency, an adequate diet to needy children and low-income persons determined by the Secretary of Agriculture to be suffering, through no fault of their own, from general and continued hunger resulting from insufficient food. Food made available to needy children under this section shall be in addition to any food made available to them under the National School Lunch Act or the Child Nutrition Act of 1966. Whenever any program is carried out by the Secretary under authority of the preceding sentence through any State or local welfare agency, he -is authorized to pay the administrative costs incurred by such State or local agency in carrying out such program. SEC. 7. (a) The first sentence of section 13(^a)(1) of the National School Lunch Act (42 U.S.C. 1761(a)(1)) is amended to read as follows: "There is authorized to be appropriated $32,000,000 for each of the fiscal years ending June 30, 1972, and June 30, 1973, to enable the Secretary to formulate and carry out a program to assist States through grants-in-aid and other means, to initiate, maintain, or expand nonprofit food service programs for children in service institutions.'. (b) I n section 13(c)(2) of the National School Lunch Act (42 U.S.C. 1761(c)(2)) after the first sentence insert: "Non-Federal contributions may be in cash or kind, fairly evaluated, including but not limited to equipment and services.". Approved June 30, 1971.

Public Law 92-33 June 30, 1971 [S.1538]

American Revolution Bicentennial Commission. Appropriation, 84 Stat. 1389.

AN ACT To amend the joint resolution establishing the American Revolution Bicentennial Commission, as amended. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 7(a) of the joint resolution to establish the American Revolution Bicentennial Commission, and for other purposes, approved July 4, 1966 (80 Stat. 261), as amended, is further amended by striking "$373,000" and inserting in lieu thereof "$670,000". Approved June 30, 1971.

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PUBLIC LAW 92-34-JUNE 30, 1971

87

Public Law 92-34 AN ACT To provide relief in patent and trademark cases affected by the emergency situation in the United States Postal Service which began on March 18, 1970.

June 30, 1971 [s. 645]

Be it enacted by the Senate and House of Representatives of the P a t e n t and United States of America in Congress assembled, trademark cases« SECTION 1. (a) A patent or trademark application shall be con- Relief. sidered as having been filed in the United States Patent Office on the date that it would have been received by the Patent Office except for the delay caused by the emergency situation affecting the postal service which began on March 18, 1970, and ended on or about March 30, 1970, if a claim is made for the benefit of an earlier date in accordance with subsections (b) and (c) of this section. Patents issued with earlier filing dates afforded by this section shall not be effective as prior art under subsection 102(e) of title 35 of the United States Code as of such earlier filing dates. ^ ^*^*' ^^^' (b) No patent or trademark application, patent, or trademark reg- da^eTverifiialfon istration shall be entitled to an earlier filing date under this section statement. unless a verified statement by the applicant or owner of record clainiing the filing date to which the application is believed to be entitled is filed in the Patent Office within six months after enactment of this Act. Such statement shall be maintained in the file of the application in the Patent Office and shall be referred to in the patent or trademark registration when practicable. (c) When a statement filed under subsection (b) of this section.ir'^il^lnre"^ appears unreasonable or defective on its face, or when the hhng date oi the patent or trademark application, patent^ or trademark registration is called into question or is material in any inter partes proceeding in the Patent Office or any proceeding in the courts, the applicant or owner of such application, patent, or trademark registration may be required to present evidence establishing the filing date to which the application is entitled. The filing date to which the application is entitled shall be determined on the basis of such evidence and any evidence introduced by an opposing party. The evidence shall be presented as directed by the Commissioner of Patents in proceedings m the Patent Office or as directed by the courts in proceedings in the courts. SEC. 2. (a) Except for the filing of a patent or trademark applica- ac^ionT^reiL^f! "^ tion, if any action is taken or any fee is paid in the United States Patent Office later than the end of a time period specified in the statutes set forth in subsection (b) of this section for taking such action or paying such fee, and no provision exists in law for excusing such delay, the delay may be excused if it is determined that it was caused by the emergency situation affecting postal service which began on March 18, 1970 and ended on or about March 30, 1970. Relief under Re^^^^t ^^t^this section must be requested by a verified statement filed in the Patent Office by the patent or trademark applicant or owner within six months after enactment of this Act. (b) This section is applicable to title 35, United States Code, "Pat- Applicability. ents'^; the Trademark Act of 1946, ch. 540, 60 Stat. 427, as amended; ^s use losithe Atomic Energy Act of 1954, Pub. L. 83-703, 68 Stat. 919, as aJJ^nt^y 2451 amended; and the National Aeronautics and Space Act, Pub. L. "ot^. 85-568,72 Stat. 426 (1958), as amended. I n cases involving the Atomic Energy Act of 1954 or the National Aeronautics and Space Act, determinations of relief shall be made by a Board of Patent Interfer-

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Regulations.

PUBLIC LAW 92-35-JUNE 30, 1971

[85 STAT.

ences. I n other cases determinations shall be made by the Commissioner of Patents. SEC. 3. The Commissioner of Patents may establish regulations for administering this Act. Approved June 30, 1971.

Public Law 92-35 June 30, 1971 [H. J. R e s. 744]

De artment of Agriculture. Appropriation,

JOINT RESOLUTION Making an appropriation for the fiscal year 1972 for the Department of Agriculture, and for other purposes.

Rcsolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the following gyj^ jg appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1972, namely: DEPARTMENT OF AGRICULTURE FOOD AND NUTRITION SERVICE CHILD NUTRITION

P o s t, p. 199.

PROGRAMS

For the summer programs of the nonschool feeding program for children, as provided for in H.R. 9270, Ninety-second Congress (as passed by the House of Representatives), to be immediately available, $17,000,000. Approved June 30, 1971.

Public Law 92-36 June 30, 1971 [H. R. 1729]

Texas. Land addition and jurisdiction.

15 UST 2 1.

Effective date.

AN ACT Giving the consent of Congress to the addition of land to the State of Texas, and ceding jurisdiction to the State of Texas over a certain parcel or tract of land heretofore acquired by the United States of America fro^i the United Mexican States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the parcel or tract of land lying adjacent to the territory of the State of Texas, which was acquired by the United States of America by virtue of the Convention Between the United States of America and the United Mexican States for the Solution of the Problem of the Chamizal, signed August 29, 1963, is declared to have become a geographical part of the State of Texas and shall be under the civil and criminal jurisdiction of said State, without affecting the ownership of said land. SEC. 2. The addition of land and the ceding of jurisdiction to the State of Texas shall take effect upon acceptance by the State of Texas. Approved June 30, 1971.

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PUBLIC LAW 92-38-JULY 1, 1971

89

Public Law 92-37 JOINT RESOLUTION To provide a temporary extension of the authority conferred by the E x p o r t Administration Act of 1969.

,

,„,„,,

June 30, 1971 [s. j. Res, i i s ]

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That section 14 of the Export Administration Act of 1969 is amended by striking out "June 30, 1971" 11 f,*?^- ^'*^* and inserting "October 31, 1971". 2413. ^'"" Approved June 30, 1971.

Public Law 92-38 JOINT RESOLUTION Making continuing appropriations for the fiscal year 1972, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, for the several departments, agencies, corporations, and other organizational units of the Government for the fiscal year 1972, namely: SEC. 101. (a)(1) Such amounts as may be necessary for continuing projects or activities (not otherwise specifically provided for in this joint resolution) which were conducted in the fiscal year 1971 and for which appropriations, funds, or other authority would be available in the following Appropriation Acts for the fiscal year 1972: Office of Education and Related Agencies Appropriation Act; Legislative Branch Appropriation Act; Agriculture-Environmental and Consumer Protection Appropriation Act; Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act; Treasury, Postal Service, and General Government Appropriation Act; Department of Interior and Related Agencies Appropriation Act; and Department of Housing and Urban Development; Space, Science, Veterans, and Certain Other Independent Agencies Appropriation Act. (2) Appropriations made by this subsection shall be available to the extent and in the manner which would be provided by the pertinent appropriation Act. (3) Whenever the amount which would be made available or the authority which would be granted under an Act listed in this subsection as passed by the House is different from that which would be available or granted under such Act as passed by the Senate, the pertinent project or activity shall be continued under the lesser amount or the more restrictive authority. (4) Whenever an Act listed in this subsection has been passed by only one House or where an item is included in only one version of an Act as passed by both Houses, the pertinent project or activity shall be continued under the appropriation, fund, or authority granted by the one House, but at a rate for operations not exceeding the cur-

July 1, 1971 [ H. J. Res. 742]

continuing ap-

propriations, 1972.

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PUBLIC LAW 92-38-JULY 1, 1971

[85 STAT.

rent rate or the rate permitted by the action of the one House, whichever is lower: Provided, That no provision which is included in an appropriation Act enumerated in this subsection but which was not included in the applicable appropriation Act for 1971, and which by its terms is applicable to more than one appropriation, fund, or authority shall be applicable to any appropriation, fund, or authority provided in this joint resolution unless such provision shall have been included in identical form in such bill as enacted by both the House and the Senate. (b) Such amounts as may be necessary for continuing projects or activities (not otherwise provided for in this joint-resolution) which were conducted in the fiscal year 1971 and are listed in this subsection at a rate for operations not in excess of the current rate or the rate provided for in the budget estimate, whichever is lower, and under the more restrictive authority— activities for which provision was made in the Department of 84 Stat. 2020. Dcfeuse Appropriation Act, 1971; activities for which provision was made in the District of 84 Stat. 432. ColumWa Appropriation Act, 1971 j activities for which provision was made in the Foreign Assist84 Stat. 1856. ^uce and Related Programs Appropriation Act, 1971, notwith84 Stat. 2055. Standing section 10 of Public Law 91-672; 22 USC 2412. activities for which provision was made in the Departments of Labor and Health, Education, and Welfare, and Related Agen84 Stat. 2001. cies Appropriation Act, 1971; ^ activities for which provision was made in the Military Con84 Stat. 1409. struction Appropriation Act, 1971; activities for which provision was made in the Public Works for Water, Pollution Control, and Power Development and 84 Stat. 890. Atomic Energy Commission Appropriation Act, 1971; activities for which provision was made in Public Law 92-7, Ante, p. 12. approved March 30, 1971, for the Department of Transportation and Related Agencies; activities of the Maritime Administration, Department of Commerce; salaries of supporting personnel, courts of appeals, district courts, and other judicial services; activities in support of Free Europe, Incorporated, and Eadio Liberty, Incorporated, pursuant to authority contained in the United States Information and Education Exchange Act of 1948, 62 Stat. 14. as amended (22 U.S.C. 1437): Provided, That no other funds made available under this resolution shall be available for these activities; activities and allocations in accordance with previous eligibility criteria for waste treatment construction grants and water quality activities of the Environmental Protection Agency; for child nutrition programs of the Department of Agriculture; and for activities provided for under the Act of August 1, 1958 (relating to studies of effects of insecticides and other chemicals on fish and 72 Stat. 479.

and^n^fe^ ^^^"^'^

wildlife);

actlvitles of the Commission on Eailroad Eetirement; activities of the Office of Saline Water, Department of the Interior; activities of the American Eevolution Bicentennial Commission; and activities of the Appalachian Eegional Commission. (c) Such amounts as may be necessary for continuing projects or activities for which disbursements are made by the Secretary of the

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Senate, and the Senate items under the Architect of the Capitol, to the extent and in the manner which would be provided for in the budget estimates for the fiscal year 19Y2. (d) Such amounts as may be necessary for continuing the following activities, but at a rate for operations not in excess of the current rate— activities relating to military credit sales to Israel; activities for (1) civil rights education, and (2) emergency school assistance activities for which an appropriation was made in the Office of Education Appropriation Act, 1971; operation of hospitals, institutions, and stations of the Public Health Service; activities relating to payments to air carriers. Civil Aeronautics Board; activities of the National Commission on Fire Prevention and Control; activities of the National Tourism Resources Review Commission; and activities transferred to the Action agency by Reorganization Plan Numbered 1 of 1971. ^ SEC. 102. Appropriations and funds made available and authority granted pursuant to this joint resolution shall remain available until (a) enactment into law of an appropriation for any project or activity provided for in this joint resolution, or (b) enactment of the applicable appropriation Act by both Houses without any provision for such project or activity, or (c) August 6, 1971, whichever first occurs. SEC. 103. Appropriations and funds made available or authority granted pursuant to this joint resolution may be used without regard to the time limitations for submission and approval of apportionments set forth in subsection (d)(2) of section 3679 of the Revised Statutes, as amended, but nothing herein shall be construed to waive any other provision of law governing the apportionment of funds. SEC. 104. Appropriations made and authority granted pursuant to this joint resolution shall cover all obligations or expenditures incurred for any project or activity during the period for which funds or authority for such project or activity are available under this joint resolution. SEC. 105. Expenditures made pursuant to this joint resolution shall be charged to the applicable appropriation, fund, or authorization whenever a bill in which such applicable appropriation, fund, or authorization is contained is enacted into law. SEC. 106. No appropriation or fund made available or authority granted pursuant to this joint resolution shall be used to initiate or resume any project or activity which was not being conducted during the fiscal year 1971. SEC. 107. Any appropriation for the fiscal year 1972 required to be apportioned pursuant to section 3679 of the Revised Statutes, as amended, may be apportioned on a basis indicating the need (to the extent any such increases cannot be absorbed within available appropriations) for a supplemental or deficiency estimate of appropriation to the extent necessary to permit payment of such pay increases as may be granted pursuant to law to civilian officers and employees and to active and retired military personnel. Each such appropriation shall otherwise be subject to the requirements of section 3679 of tho Revised Statutes, as amended. Approved July 1, 1971.

91

84 Stat. 800.

^°»'' P- 819.

31 USC 665.

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 92

PUBLIC LAW 92-39-JULY 1, 1971

[85 STAT.

Public Law 92-39 July 1, 1971 [H. J. R e s. 617]

20 UST 2654.

Micronesian Claims Act of 1971.

JOINT RESOLUTION To authorize an ex gratia contribution to certain inhabitants of the Trust Territory of the Pacific Islands who suffered damages arising out of the hostilities of the Second World War, to provide for the payment of noncombat claims occurring prior to July 1, 1951, and to establish a Micronesian Claims Commission.

Whereas certain Micronesian inhabitants of the Trust Territory of the Pacific Islands, formerly under League of Nations mandate to Japan, suffered from the hostilities of the Second World W a r; and Whereas the United States, while not liable for wartime damages suffered by the Micronesians, has responsibility for the welfare of the Micronesian people as the administering authority of the Trust Territory of the Pacific Islands; and Whereas the Governments of J a p a n and the United States entered into an agreement on April 18, 1969, to contribute ex gratia the equivalent of $10,000,000 to the Micronesian inhabitants of the Trust Territory of the Pacific Islands in view of the suffering caused by the hostilities of the Second World War, each Government contributing the equivalent of $5,000,000, Japan's contribution to take the form of products and services; and Whereas payment of these ex gratia contributions to certain Micronesian inhabitants of the Trust Territory of the Pacific Islands will meet a longstanding Micronesian grievance and will promote the welfare of the Micronesian people; and Whereas certain Micronesian inhabitants of the Trust Territory of the Pacific Islands claim to have suffered damage to or loss or destruction of property, personal injury, or death caused by military and civilian employees of the United States Government and arising out of accidents or incidents between the dates of the securing of the various islands of Micronesia by the United States Armed Forces and July 1, 1951, and within an area under the control of the United States at the time of the accident or incident; and Whereas the United States is desirous of making an equitable settlement of these claims by way of a monetary contribution: Therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That this resolution may be cited as the "Micronesian Claims Act of 1971". TITLE I

U.S. ex gratia contribution.

"Micronesian inhabitant of the Trust Territory of the Pacific Islands."

SEC. 101. (a) I t is the purpose of this title that, with respect to war claims, the United States should make an ex gratia contribution of $5,000,000 matching an equivalent contribution of the Government of Japan, to Micronesian inhabitants of the Trust Territory of the Pacific Islands who are determined by the Micronesian Claims Commission to be meritorious claimants, in particular amounts to be awarded by the Micronesian Claims Commission, and that the Secretary of the Interior, hereinafter referred to as the "Secretary", or his designee, shall pay to said Micronesian claimants as soon as possible following his receipt of the final report of the Micronesian Claims Commission on the claims allowed, such amounts as are finally certified pursuant to section 104 of this title. (b) A "Micronesian inhabitant of the Trust Territory of the Pacific Islands" is defined for the purposes of this joint resolution as a person who: (1) became a citizen of the Trust Territory of the Pacific

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PUBLIC LAW 92-39-JULY 1, 1971

Islands on July 18, 1947, and who remains a citizen as of the date of filing a claim; or (2) if then living, would have been eligible for citizenship on July 18, 1947; or (3) is the successor, heir, or assignee of a person eligible under paragraph (1) or (2) and who is a citizen of the Trust Territory of the Pacific Islands as of the date of filing a claim. SEC. 102. (a) There is hereby authorized to be appropriated to the Trust Territory of the Pacific Islands $5,000,000, in addition to the normal budgetary expenditures for the Trust Territory of the Pacific Islands and in addition to the appropriations authorized by section 2 of the Act of June 30, 1954, as amended, to be paid into a "Micronesian Claims Fund". The Secretary is hereby authorized to create and manage said Micronesian Claims Fund. (b) Funds approximating $5,000,000 appropriated to the Trust Territory of the Pacific Islands for supplies or capital improvements in accordance with the Act of June 30, 1954, as amended, shall be paid into a Micronesian Claims F u n d as the products of J a p a n and the services of the Japanese people in the amount of one billion eight hundred millon yen (currently computed at $5,000,000) are provided by Japan pursuant to article I of the "Agreement between the United States of America and Japan", signed April 18, 1969. These funds, together with the sum authorized to be appropriated by subsection (a) of this section, shall constitute the whole of the Micronesian Claims Fund. SEC. 103. (a) There is hereby established a Micronesian Claims Commission, hereinafter referred to as the "Commission", such Commission to be under the control and direction of the Chairman of the Foreign Claims Settlement Commission. The Commission shall be composed of five members, who shall be appointed, in consultation with the Secretary, by the Chairman of the Foreign Claims Settlement Commission, one of whom he shall designate as Chairman, Two members shall be selected from a list of Micronesian citizens nominated by the congress of Micronesia. Any vacancy that may occur in the membership of the Commission shall be filled in the same manner as in the case of the original appointment. The members of the Commission shall serve at the pleasure of the Chairman of the Foreign Claims Settlement Commission. No Commissioner shall hold other public office or engage in any other employment during the period of his service on the Commission, except as an employee of the Foreign Claims Settlement Commission. (b) The members of the Commission shall receive compensation and allowances as determined by the Chairman of the Foreign Claims Settlement Commission by application of the rules and regulations which apply to officers and employees of the Trust Territory of the Pacific Islands, but in no event shall traveling and other expenses incurred in connection with their duties as members, or a per diem allowance in lieu thereof, exceed that prescribed in accordance with the provisions of subchapter 1 of chapter 57 of title 5, United States Code. The term of office of the members of the Commission shall expire at the time fixed in subsection (e) of this section for winding up the affairs of the Commission. (c) The Commission may, subject to the approval of the Chairman of the Foreign Claims Settlement Commission, appoint and fix the compensation and allowances of such officers, attorneys, and employees of the Commission as may be reasonably necessary for its proper functioning, which employees shall be in addition to those who may be assigned by the Chairman of the Foreign Claims Settlement Commission to assist the Commission in carrying out its functions. The

Appropriation.

81 Stat. 15; 84 Stat. 1559. 48 USC 1681 note, Micronesian Claims Fund,

20 UST 2654.

Micronesian Claims Commission, Membership,

Compensation,

80 Stat. 498; 83 Stat. 190. 5 USC 5701. Term of office. Officers and e m p l o y e e s, comp e n s a t i o n and allowances.

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 94

80 Stat. 498; 83 Stat. 190. 5 USC 5701. Other U.S. government a g e n c i e s, services.

Rules and regulations. Notice and filing, time limit.

Termination.

Powers.

Claims approval or denial, notification. Hearing.

PUBLIC LAW 92-39-JULY 1, 1971

[85 STAT.

compensation and allowances of employees appointed pursuant to this section shall be within the rules and regulations which apply to officers and employees of the Trust Territory of the Pacific Islands, but in no event to exceed the amount of allowances prescribed in subchapter 1 of chapter 57 of title 5, United States Code. In addition, the Commission, with the approval of the Chairman of the Foreign Claims Settlement Commission, may make such expenditures as may be reasonably necessary to carry out its proper functioning. Officers and employees of any other department or agency of the Government of the United States or the government of the Trust Territory of the Pacific Islands may, with the consent of the head of such department or agency, with or without reimbursement, be assigned to assist the Commission in carrying out its functions. The Commission may, with the consent of the head of any other department or agency of the Government of the United States or the government of the Trust Territory of the Pacific Islands, utilize, with or without reimbursement, the facilities and services of such department or agency in carrying out the functions of the Commission, (d) The Commission shall, subject to the approval of the Chairman of the Foreign Claims Settlement Commission, prescribe such rules and regulations as are necessary for carrying out its functions. As expeditiously as possible and, in any event, within three months of its appointment, the Commission shall give public notice in the Trust Territory of the Pacific Islands of the time when, and the limit of time within which, claims may be filed, which notice shall be given in such manner as the Commission shall prescribe: Provided, That the final date for the filing of claims shall not be more than one year after the appointment of the full membership of the Commission. The Commission shall give extensive publicity in the Trust Territory of the Pacific Islands to the provisions of this Act and shall make every effort to advise promptly all persons who may be entitled to file claims under the provisions of this Act administered by the Commission of their rights under such provisions, and to assist them in the preparation and filing of their claims. A majority of the membership of the Commission shall be necessary to transact business: Provided, however, That an affirmative vote of at least three members shall be required for the promulgation of rules and regulations, and for the final adjudication of any claim. (e) The Commission shall wind up its affairs as expeditiously as possible and in any event not later than three years after the expiration of the time for filing claims under this Act. SEC. 104. (a) The Commission shall have authority to receive, examine, adjudicate, and render final decisions, in accordance with the laws of the Trust Territory of the Pacific Islands and international law, with respect to (1) claims of the Micronesian inhabitants of the Trust Territory of the Pacific Islands who suffered loss of life, physical injury, and property damage directly resulting from the hostilities between the Governments of J a p a n and the United States between December 7, 1941, and the dates of the securing of the various islands of Micronesia by United States Armed Forces, and (2) those claims arising as postwar claims between the dates of the securing of the various islands of Micronesia by United States Armed Forces and July 1, 1951. The Commission shall notify all claimants of the approval or denial of their claims, and, if approved, shall notify such claimants of the amount for which such claims are approved. A.nj claimant whose claim is denied, or is approved for less than the full amount of such claim shall be entitled, under such regulations as the Commission may prescribe, to a hearing before the Commission or its representatives, with respect to such claim. Upon such hearing,

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95

the Commission may affirm, modify, or revise its former action with respect to such claim, inchiding a denial or reduction in the amount theretofore allowed with respect to such claim. When all claims have been adjudicated, the Commission shall certify them to the Secretary for payment. The claims covered by title I of this Act shall be paid from the Micronesian Claims Fund except that, as to claims based on death, up to $1,000 shall be paid immediately upon adjudication, and the claims covered by title II of this Act shall be paid by the Secretary from the funds appropriated for such purpose. (b) No later than six months after its organization, and annually Reports to thereafter, the Commission shall make a report, through the Chairman Congress. of the Foreign Claims Settlement Commission, to the Congress of the United States concerning its operations under this Act. The Commission shall, upon winding up its work, certify to the Chairman of the Foreign Claims Settlement Commission, the Secretary, and to the Congress of the United States the following: (1) A list of all claims allowed, in whole or in part, together with the amount of each claim and, the amount awarded thereon. (2) A list of all claims disallowed. (3) A copy of the decision rendered in each case. (c) I n the event that funds remain in the Micronesian Claims Fund Transfer of after all allowable and adjudicated claims are paid, such remaining funds. funds shall be transferred from the Micronesian Claims Fund to the Treasury of the Trust Territory of the Pacific Islands for appropriation by the Congress of Micronesia for the welfare of the people of the Trust Territory of the Pacific Islands. In the event that the allowable and adjudicated claims covered by title I of the Act exceed a total of $10,000,000, the Secretary shall make pro rata payments. (d) No payment shall be made on an award of the Commission unless the claimant shall first execute a full release to the United States and J a p a n in respect to any alleged liability of the United States or Japan, or both, arising before the date of the securing of the various islands of Micronesia by the United States Armed Forces. SEC. 105. There is authorized to be appropriated such sums as may Appropriation. be necessary for the operation and administrative expenses of the Foreign Claims Settlement Commission, to the extent needed to cover activity connected with this Act, and of the Commission in order to carry out the purposes of this Act. Filing services, SEC. 106. The agreement for the payment of the Micronesian claims remuneration covered by title I of this Act having been reached by negotiators of irmiTat7 the Governments of the United States and Japan, and since personnel to be appointed by the Secretary or the Commission will be available to assist the people of the Trust Territory of the Pacific Islands insofar as may be necessary in filing all claims covered by either title I or title II of this Act, no remuneration on account of services rendered on behalf of any claimant, or any association of claimants, in connection with any claim or claims covered by either title I or title II shall exceed, in total, 1 per centum of the amount paid on such claim or claims, pursuant to the provisions of this Act. Fees already paid for such services shall be deducted from the amount authorized by this Act. Any agreement to the contrary shall be unlawful and void. Whoever, in the United States or elsewhere, demands or receives, on account of services so rendered, any remuneration in excess of the maximum permitted by this section, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $5,000 or imprisoned not more than twelve months, or both.

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96

[85 STAT.

TITLE II Personal or property loss claims against U.S., settlement. Ante, 94.

Appropriation.

81 Stat. 15; 84 Stat. 1559. 48 USC 1681 note.

SEC. 201. For the purpose of promoting and maintaining friendly relations by the final settlement of meritorious postwar claims, the Micronesian Claims Commission is, pursuant to authority granted in section 104(a) of title I, authorized to consider, ascertain, adjust, determine, and make payments, where accepted by the claimant in full satisfaction and in final settlement, of all claims by Micronesian inhabitants against the United States or the government of the Trust Territory of the Pacific Islands on account of personal injury or death or damage to or loss or destruction of private property, both real and personal, of Micronesian inhabitants of the former Japanese mandated islands, now the Trust Territory of the Pacific Islands administered by the United States under a trusteeship agreement with the United Nations, including claims for a taking or for use or retention of such property where no payments or inadequate payments have been made for such taking, use, or retention when such damage, loss, or destruction was caused by the United States Army, Navy, Marine Corps, or Coast Guard, or individual members thereof, including military personnel and United States Government civilian employees, and including employees of the Trust Territory government acting within the scope of their employment: Provided, That only those claims shall be considered by the Commission which are presented in writing as provided for in section 103(d) of title I of this Act and the accident or incident out of which the claim arose occurred prior to July 1, 1951, within the islands which now comprise the Trust Territory of the Pacific Islands and within an area under the control of the United States at the time of the accident or incident: Provided further, That any such settlements made by such Commission and a?iy such payments made by the Secretary under the authority of title I or title II shall be final and conclusive for all purposes, notwithstanding any other provision of law to the contrary and not subject to review. SEC. 202. There is hereby authorized to be appropriated the amount of $20,000,000, in addition to the normal budgetary expenditures for the Trust Territory of the Pacific Islands and in addition to the appropriation authorized by section 2 of the Act of June 30, 1954, as amended, to be expended by the Secretary for the purposes of making payments to the extent authorized by this title of this Act. SEC. 203. Any funds appropriated for the purposes of this title which remain after the settlement of claims under the provisions of this title shall be covered into the Treasury of the United States. Approved July 1, 1971.

Public Law 92-40 July 1, 1971 [H. R. 8313]

AN ACT To amend the Social Security Act in order to continue for two years the temporary assistance program for United States citizens returned from abroad.

83 Stat. 45. 42 USC 1313.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1113(d) of the Social Security Act is amended by striking out "1971" and inserting in lieu thereof "1973". Approved July 1, 1971.

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 85 STAT. 97, P.L. 92-41, H.R. 8311

PUBLIC LAW 92-41 -- JULY 1, 1971

Public Law 92-41

AN ACT

To amend the Renegotiation Act of 1951 to extend the Act for two years, to modify the interest rate on excessive profits and on refunds, to provide that the Court of Claims shall have jurisdiction of renegotiation cases, 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. TWO-YEAR EXTENSION.'''

Section 102(c)(1) of the Renegotiation Act of 1951 (50 U.S.C. App., sec. 1212(c)(1); 70 Stat. 786; 82 Stat. 1345) is amended by striking out "June 30, 1971" and inserting in lieu thereof "June 30, 1973".

SEC. 2. MODIFICATION OF INTEREST RATE ON EXCESSIVE PROFITS AND ON REFUNDS.

(a) Section 105(b)(2) of the Renegotiation Act of 1951, as amended (50 U.S.C. App., sec. 1215(b)(2); 65 Stat. 13; 76 Stat. 134), is amended—

 * (1) by striking out the phrase "rate of 4 per centum per annum" each place it appears and inserting in lieu thereof "rate per annum determined pursuant to the next to the last sentence of this paragraph for the period:which includes the date on which interest begins to run";
 * (2) by striking out the phrase "interest shall accrue and be paid" the second place it appears in subparagraph (A) and inserting in lieu thereof "interest at the same rate shall accrue and be paid"; and
 * (3) by adding at the end thereof the following new sentences:
 * "Interest shall accrue and be paid at a rate which the Secretary of the Treasury shall specify as applicable to the period beginning on July 1, 1971, and ending on December 31, 1971, and to each six-month period:thereafter. Such rate shall be determined by the Secretary of the Treasury, taking into consideration current private commercial rates of interest for new loans maturing in approximately five years.".

(b) Section 108 of the Renegotiation Act of 1951, as amended (50 U.S.C. App., sec. 1218), is amended by striking out "at the rate of 4 per centum per annum" in the last sentence and by inserting before the period at the end of such sentence "at the rate per annum determined pursuant to the next to the last sentence of section 105(b)(2) for the period which includes the date on which interest begins to run".

(c)(1) The amendments made by subsection (a) shall apply only with respect to amounts of excessive profits determined by the Renegotiation Board and with respect to the amounts of additional excessive profits determined by the Tax Court or the Court of Claims after June 30, 1971.

(2) The amendments made by subsection (b) shall apply only with respect to amounts finally adjudged or determined to have been erroneously collected after June 30, 1971, by the United States pursuant to a determination of excessive profits.


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PUBLIC LAW 92-41-JULY 1, 1971

[85 STAT.

SEC. 3. JURISDICTION OF RENEGOTIATION CASES. 65 Stat. 21.

76 Stat. 134. 50 USC app. 1218a.

Supra.

(a) Section 108 of the Renegotiation Act of 1951, as amended (50 TJ.S.C. App., sec. 1218), is amended— (1) by striking out in the first sentence thereof "The Tax Court of the United States" and inserting in lieu thereof "the Court of Claims"; (2) by striking out the following sentence: "For the purposes of this section the court shall have the same powers and duties, insofar as applicable in respect of the contractor, the subcontractor, the Board, and the Secretary, and in respect of the attendance of witnesses and the production of papers, notice of hearings, h e a r i n g before divisions, review by the Tax Court of decisions of divisions, stenographic reporting, and reports of proceedings, as such court has under sections 1110, 1111, 1113, 1114, 1115(a), 1116, 1117(a), 1118, 1120, and 1121 of the Internal Revenue Code in the case of a proceeding to redetermine a deficiency."; and (3) by striking out each place it appears therein "Tax Court" and inserting in lieu thereof "Court of Claims". (j^) Section 108A of such Act is amended to read as follows: ^ ''

"SEC. 108A. REVIEW OF COURT OF CLAIMS DECISIONS.

"The decisions of the Court of Claims under section 108 shall be subject to review by the Supreme Court upon certiorari in the manner 62 Stat. 928. provided in section 1255 of title 28 of the United States Code for the review of other cases in the Court of Claims." sou^scapp.' (c) Section 114(5) of such Act is amended by striking out "Tax 1224. Court," and inserting in lieu thereof "Court of Claims, the United States Tax Court,". (d) Sections 103(f), 103(i), 105(a), 105(b), and 106(a)(6) of such 65 Stat. 8,12, \ c t are amended by striking out "The Tax Court of the United States" 50 USC app. or "the Tax Court" each place it appears therein and inserting in lieu 1213.1215, 1216. thereof "the Court of Claims". Effective date. (g^ 'pj^g amendments made by this section shall apply with respect to any case in which the time for filing a petition under section 108 of the Renegotiation Act of 1951 for a redetermination of an order of the Renegotiation Board determining an amount of excessive profits expires on or after the date of enactment of this Act. Any petition for a redetermination of an order of the Renegotiation Board which is filed with the United States Tax Court on or after the date of enactment of this Act and before the ninetieth day after such date of enactment shall be deemed to be filed with the Court of Claims and shall be transferred from the United States Tax Court to the Court of Claims within thirty days after the day it is so filed. Except as determined by the Chief Judge of the United States Tax Court as described hereinbelow, 50 USC a * ^^^ cases arising under the Renegotiation Act of 1951 which are pend1211 note. ' ing in the United State Tax Court on the date of enactment of this Act shall be transferred within thirty days after such date from the United States Tax Court to the Court of Claims. In any such case in which the Chief Judge of the United States Tax Court finds and determines that proceedings have progressed to the point that the case can be more expeditiously decided by the United States Tax Court than the Court of Claims, the Chief Judge by order entered within thirty days after the date of enactment of this Act shall direct that such Savings procase be retained by the United States Tax Court. The applicable v^si°"' provisions of the Renegotiation Act of 1951 as in effect prior to the amendments made by this section shall be applied with respect to any

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case under the Reiiei»:otiation Act of 1951 which at any time was en f,*^^i' ^* peiid]ii«>: 111 the L nited ^>tates l a x Court and which is not transferred 1211. to the Couit of Chiinis pursuant to this subsection. SEC. 4. THE UNITED STATES TAX COURT. (a) The first sentence of section 7447(c) of the Internal Revenue Code of 1954 (rehiting to recalling of retired judges of the United States Tax Court) is amended by striking out "Any individual who is receiving" and inserting in lieu thereof "'At or after his retirement, any individual who has elected to receive''. (h) Section 7448(m) of such Code (relating to computation of annuities of widows of Tax Court judges) is amended by striking out "11/4 percent of the average annual salary received by such judge for judicial service and any other prior allowable service during the last 5 years of such service prior to his death, or prior to his receiving retired pay under section 7447(d), whichever first occurs, multiplied by the sum of his years of judicial service," and inserting in lieu thereof "I14 percent of the average annual salary (whether judge's salary or compensation for other allowable service) received by such judge for judicial service (including periods in which he received retired pay under section 7447(d)) or for any other prior allowable service during the period of 5 consecutive years in which he received the largest such average annual salary, multiplied by the sum of his veal's of such judicial service,". (c)(1) The amendment made by subsection (a) shall be effective as if included in the Internal Revenue Code of 1954 on the date of its enactment. Provisions having the same effect as such amendment shall be treated as having been included in the Internal Revenue Code of 1939 effective on and after August 7, 1953. (2) The amendment made by subsection (b) shall apply only with respect to judges of the United States Tax Court dying on or after the date of the enactment of this Act. Approved July 1, 1971.

^^^ ^*^*' 88<^'-

75 Stat. 795.

Effective date

Public Law 92-42 AN ACT

To amend section 402 of the Agricultural Trade Development and Assistance Act of 1954, as amended, in order to remove certain restrictions against domestic wine under title I of such Act.

^.,

,„,,

July 1, 1971

[H. R. 116I]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 402 Wine. s a l e s. Export of the Agricultural Trade Development and Assistance Act of 1954, expansion as amended (7 U.S.C. 1732), is amended by inserting after the first ®° ^'^*- ^^^^ sentence thereof a new sentence as follows: "The foregoing proviso shall not be construed as prohibiting representatives of the domestic wine industry from participatin^ in market development activities carried out with foreign currencies made available under title I of this Act which have as their purpose the expansion of export sales of 7 USC 1701. United States agricultural commodities." Approved July 1, 1971. 75-432 O - 72 - 9

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 100

PUBLIC LAW 92-43-JULY 2, 1971

[85 STAT.

Public Law 92-43 j^iy 2, 1971 [H. J. Res. 556]

JOINT RESOLUTION Providing for the observance of "Youth Appreciation Week" during the sevenday period beginning the second Monday in November of 1971.

Youth A recia- Resolved by the Senate and House of Representatives of the United tion°week. "^ '^^^ States of America in Congress ossemMed^ That the seven-day period Designation beginning on the second Monday in November of 1971 is hereby desigaut orization. natcd as Youth Appreciation Week, and the President is requested to issue a proclamation calling upon the people of the United States to observe such week with appropriate ceremonies and activities. Approved July 2, 1971.

Public Law 92-44 T, o,o,, July 2, 1971 [H. R. 7767]

Duty^suT^^nsion, extension. 83 Stat. 35.

AN ACT To continue until the close of June 30, 1973, the existing suspension of duties for metal scrap.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) item 911.12 (relating to articles other than copper waste and scrap and articles of copper) of the Tariff Schedules of the United States (19 U.S.C. 1202) is amended by striking out "6/30/71" and inserting in lieu thereof "6/30/73". (b) The amendment made by subsection (a) shall apply with respect to articles entered, or withdrawn from warehouse, for consumption after June 30, 1971. Approved July 2, 1971.

Public Law 92-45 July 2. 1971 [S' 1700]

AN ACT To amend section 14(b) of the Federal Reserve Act, as amended, to extend for two years the authority of Federal Reserve banks to purchase United States obligations directly from the Treasury.

Be it enacted 'by the Senate and House of Representatives of the United States of America in Congress assembled, That section 14(b) 61 staT.lieT * of the Federal Reserve Act, as amended (12 U.S.C. 355), is amended 84 Stat. 668. ^y striking out "July 1, 1971" and inserting in lieu thereof "July 1, 1973" and by striking out "June 30, 1971" and inserting in lieu thereof "June 30, 1973". Approved July 2, 1971. Federal Reserve Act, amendment

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Page:United States Statutes at Large Volume 85.djvu/131

 85 STAT. ]

PUBLIC LAW 92-46-JULY 2, 1971

101

Public Law 92-46 AN ACT To amend the Railroad Retirement Act of 1937 to provide a 10 i^er centum increase in annuities.

July 2, 1971 [H. R. 6444"

Be it enacted by the Senate and House of Representatives of the Railroad United States of America in Congress assembled, That section 3(a) of ment Act of Retire1937, the Eailroad Ketirement Act of 1937 is amended by inserting at the end amendments. A n n u i t i e s, inthereof the following new paragraph: crease. "(4) The annuity computed under the preceding provisions of this 82 Stat. 17; subsection and that part of subsection (e) of this section which pre- 84 Stat. 791. 45 USC 228c, cedes the first proviso shall be increased by 10 per centum." S SEC. 2, (a) Section 2(e) of the Eailroad Eetirement Act of 1937 is ity. p o u s e ' s annu84 Stat. 791. amended— (1) by striking out "section 3(a)(3) of this Act*' and insert- 45 USC 228b., ing in lieu thereof "section 3(a)(3) or (4) of this Act"; (2) by inserting "(before any reduction on account of age)"' immediately after "shall" in the first sentence of the last paragraph; (3) by striking out the last sentence; and (4) by adding at the end thereof the following new paragraph: "The spouse's annuity computed under the other provisions of this section shall (before any reduction on account of age) be increased by 10 per centum. The preceding sentence and the next preceding paragraph shall not operate to increase the annuity to an amount in excess of the maximum amount of a spouse's annuity as provided in the first sentence of this subsection. This paragraph shall be disregarded in the application of the preceding paragraph." (b)(1) Section 2(i) of such Act is amended by striking out "the last paragraph" and inserting in lieu thereof "the last two paragraphs". (2) Section 2(i) of such Act is further amended by inserting "or in that part of section 3(e) preceding the first proviso, or of the pension," immediately after "section 3(a)(1)". (c) Section 2(j) of such Act is amended by inserting ". or section 80 Stat. 1080. 5(a) of this Act," after "this section". SEC. 3. Section 5 of the Eailroad Eetirement Act of 1937 is amended 8460 Stat. 9729; Stat. 7 1. by inserting at the end thereof the following subsection: 45 USC 228e. "(o) The annuity computed under the preceding provisions of this section shall be increased by 10 per centum." Percenta SEC. 4. For the purposes of approximating the offsets in railroad adjustment.g e retirement benefits for increases in social security benefits by reason of amendments prior to the Social Security Amendments of 1971, the Eailroad Eetirement Board is authorized to prescribe adjustments in the percentages in the Eailroad Eetirement Act of 1937, and laws pertaining thereto, in order that these percentages, when applied against current social security benefits not in excess of $275.80 ' a month, will produce approximately the same amounts as those computed under the law in effect, except for changes in the wage base, before the Social Security Amendments of 1971 were enacted. SEC. 5. All pensions under section 6 of the Eailroad Eetirement Act of 1937, and all annuities under the Eailroad Eetirement Act of 1935, 50 Stat. 312. 49 Stat. 967. shall be increased by 10 per centum. All survivor annuities deriving 45 USC 228f; from joint and survivor annuities under the Eailroad Eetirement Act 215-228 note s. of 1937 and all widows' and widowers' insurance annuities which are payable in the amount of the spouse's annuity to which the widow or widower was entitled shall, in cases where the employee died in or before the month in which the increases in annuities provided in section 2 of this Act are effective, be increased by 10 per centum. Joint

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Page:United States Statutes at Large Volume 85.djvu/132

 102 Ante,

PUBLIC LAW 92-47-JULY 9, 1971 p. 101.

Recertification.

84 Stat. 792. 45 USC 228j note. Report to Congress, extension.

Effective date.

Termination date.

Termination date, extension. 45 USC 228c note.

[85 STAT.

and siii'V'ivor annuities shall be computed under section -^(a) of the Railroad Retirement Act of 1937 and shall be reduced by the percentage determined in accordance with the election of such annuity. SEC. B. All recertitications required by reason of the amendments made by this Act shall be made by the Railroad Retirement Board without application therefor. SEC. 7. (a) Section 7(c)(1) of Public Law 91-877 is amended by striking out "Julv 1. 1971" and inserting in lieu thereof "June 80, 1972". ' (b) Section 7(g) of Public Law 91-877 is amended— (1) by striking out ". not later than July 1, 1971" and all that follows down through "this section" in the first sentence and inserting in lieu thereof "submit to the President and the Congress an interim report of the study authorized by this section not later than July 1, 1971, and a full and complete final report of such study not later than June 80, 1972,"; and (2) by striking out "such report" in the second sentence and inserting in lieu thereof "such final report". SEC. 8. (a) The provisions of this Act shall be effective with respect to annuities accruing for months after December 1970 and with respect to pensions due in calendar months after January 1971; except that increases in benefits for months prior to the month of enactment of this Act shall be payable only to an individual who is entitled to an annuity or pension for the month of enactment, or who becomes so entitled in later months, on the basis of the same earnings record. (b) The first six sections of this Act, and the amendments made by such sections (other than the amendments made by subsections (a)(2), (b)(2), and (c) of section 2), shall cease to apply as of the close of June 80, 1978. Annuities accruing for months after June 80, 1978, and pensions due in calendar months after June 80, 1973, shall be computed as if the first six sections of this Act, and the amendments made by such sections (other than the amendments made by subsections (a)(2), (b)(2), and (c) of section 2), had not been enacted, (c) Section 6 of Public Law 91-377 is amended by striking out "June 80, 1972" each time that date appears and inserting in lieu thereof "June 80, 1978''. Approved July 2, 1971.

Public Law 92-47 July 9, 1971 [H. R. 4848]

Commission on Government P r o curement. Report to e o n gress, extension.

AN ACT To amend the Act of November 26, 1969, to provide for an exten*<ion of the date on which the Commission on Government Procurement shall submit its final report.

Be it enacted by the Senate and Hoiise of Representatives of the Ulilted States of America in Congress assembled, That subsection (b) of section 4 of the Act of November 26, 1969 (83 Stat. 271; 41 U. S. C 251, note), is amended to read as follows: " (b) The Commission shall make, on or before December 31, 1972, a final report to the Congress of its findings and its recommendations for changes in statutes, regulations, policies, and procedures designed to carry out the policy stated in section 1 of this Act. In the event the Congress is not in session at the time of submission, the final report shall be submitted to the Clerk of the House and the Secretary of the Senate. The Commission may also make such interim reports as it deems advisable." Approved July 9, 1971.

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Page:United States Statutes at Large Volume 85.djvu/133

 85 STAT. ]

PUBLIC LAW 92-4S-JULY 9, 1971

103

Public Law 92-48 AN.ACT Making appropriations for the OflBce of Education and related agencies, for the fiscal year ending June 30, 1972, and for other purposes.

July g^ 1971 J H. R. 7016]

~

Be it enacted by the Senate and House of Representatives of the Office of EduUnited States of America in Congress assembled, That the following cation and Resums are appropriated, out of any money in the Treasury not other- Tated AgenJie wise appropriated, for the Office of Education and related agencies, J^^^^/^j""" for the fiscal year ending June 30, 1972, and for other purposes, "*' namely: TITLE I—OFFICE OF EDUCATION E L E M E N T A K Y A N D SECONDARY EDUCATION

For carrying out, to the extent not otherwise provided, title I ($1,565,000,000), title II ($90,000,000), title III ($146,393,000), title V-A ($33,000,000), title VII, and section 807 of the Elementary and iSecondary Education Act, section 402 of the General Education Pro- 32^1° ^41^ self' visions Act, and title III - A of the National Defense Education Act ssob, 887. of 1958 ($50,000,000), and the Follow Through program, as author- ^ JJ^^ ^222. ized under section 222(a)(2) of the Economic Opportunity Act of 42 USC 2809. 1964 ($60,060,000), $1,993,278,000. SCHOOL ASSISTANCE I N FEDERALLY AFFECTED AREAS

For carrying out title I of the Act of September 30, 1950, as amended (20 U.S.C., ch. 13), and the Act of September 23, 1950, as amended (20 U.S.C. ch. 19), $612,620,000, of which $592,580,000, including $37,650,000 for amounts payable under section 6, shall be for the maintenance and operation of schools as authorized by said title I of the Act of September 30, 1950, as amended, and $20,040,000, which shall remain available until expended, shall be for providing school facilities as authorized by said Act of September 23, 1950: Provided, That none of the funds contained herein shall be available to pay any local educational agency in excess of 73 per centum of the amounts to which such agency would otherwise be entitled pursuant to section 3(b) of title I: Provided further, That none of the funds contained herein shall be available to pay any local educational agency in excess of 90 per centum of the amounts to which such agency would otherwise be entitled pursuant to section 3(a) of said title I if the number of children in average daily attendance in the schools of that agency eligible under said section 3(a) is less than 25 per centum of the total number of children in such schools. EDUCATION FOR THE

20 USC 235. 20 USC 631.

HANDICAPPED

For carrying out, to the extent not otherwise provided, the Education of the Handicapped Act, and section 402 of the General Edu- «J stat^- ^^js. cation Provisions Act, $115,750,000. note. VOCATIONAL A N D ADULT EDUCATION

For carrying out, to the extent not otherwise provided, section 102(b) ($20,000,000), parts B and C ($394,682,000), D, F ($25,625,000), G ($19,500,000), H ($6,000,000), and I of the Vocational Education Act of 1963, as amended (20 U.S.C. 1241-1391), the Jl^l^'-l^^''-' Adult Education Act of 1966 (20 U.S.C. ch. 30) ($61,300,000), the 84 stLt. 159. Cooperative Research Act, and section 402 of the General Education 79 Stat. 47. Provisions Act, $569,027,000, including $16,000,000 for exemplary „<,f°,"^^ ^^^

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Page:United States Statutes at Large Volume 85.djvu/134

 104 82 Stat. 1080. 20 USC 1301.

20 USC 1281.

^0 ^*^*' i2^^i* ,te.

PUBLIC LAW 92-4S-JULY 9, 1971

programs under part D of said 1963 Act of which 50 per centum shall remain available until expended and 50 per centum shall remain available through June 30, 1973, and not to exceed $18,000,000 for research and training under part C of said 1963 Act: Provided, That grants ^° ^2iQh. State under the Adult Education Act shall not be less than grants made to such State agencies in fiscal year 1971. HIGHER

20 USC 1001 note.

20 USC 7 1 1, 746, 7 5 1. 20 USC 4 2 1, 4 6 1, 511. 74 Stat. 525; 82 Stat. 2 4 1. 20 USC 1078a note. 20 USC 1222, 1231. 22 USC 2452.

[85 STAT.

EDUCATION

For carrying out, to the extent not otherwise provided, titles I, III, IV (except part F), part E of title V, and part A of title VI of the Higher Education Act of 1965, as amended, section 105(b), section 306, titles I and IV of the Higher Education Facilities Act of 1963, as amended, titles II, IV, and VI of the National Defense Education Act of 1958, as amended, section 22 of the Act of June 29, 1935 (7 U.S.C. 329), the Emergency Insured Student Loan Act of 1969, sections 402 and 411 of the General Education Provisions Act, and section 102(b)(6) of the Mutual Education and Cultural Exchange Act of 1961, $1,341,784,000, of which $1,074,571,000 shall be for student assistance programs and $12,500,000 shall be for instructional equipment under part A of title VI of the Higher Education Act: Provided, That the following amounts shall remain available until June 30, 1973: $43,000,000 for grants for construction of undergraduate facilities under title I of the Higher Education Facilities Act of 1963, $175,300,000 for educational opportunity grants and amounts reallotted for grants for college work-study programs: Provided further, That the following amounts shall remain available until expended: $196^600,000 for the student loan insurance programs and $29,010,000 for interest payments for subsidized construction loans. E D U C A T I O N PROFESSIONS

DEVELOPMENT

For carrying out, to the extent not otherwise provided, section 504 and parts B ($7,000,000 for subpart 2), C, D, and F of the Education Professions Development Act (title V of the Higher Education Act, 20 us<= 1091c of 1965), and section 402 of the General Education Provisions Act, 1119c. ' $135,800,000. LIBRARIES A N D EDUCATIONAL

It use 35 2^' -^l^*^*; \224; 76 Stat. 64; 83 Stat. 146.

COMMUNICATIONS

For carrying out, to the extent not otherwise provided, titles I ($46,568,500), 11, and III ($2,640,500) of the Library Services and Construction Act (20 U.S.C. ch. 16); title II (except sections 224 and 231) of the Higher Education Act of 1965 (20 U.S.C. 1021-1033, 1041), section 402 of the General Education Provisions Act and part IV of title III of the Communications Act of 1934 (47 U.S.C. 390395), $85,109,000, of which $9,500,000, to remain available through June 30, 1973, shall be for grants for public library construction under title II of the Library Services and Construction Act, and $13,000,000 shall be for educational broadcasting facilities and shall remain available until expended. RESEARCH A N D DEVELOPMENT

note "^^ ^^^ "°2i'use 1001 "°2o"usc 1531 note. 20 USC 1231a.

For carrying out, to the extent not otherwise provided, the Coopera*'^^® Research Act (except section 4), the Drug Abuse Education Act of 1970, the Environmental Education Act, and sections 402 and 412 °^ ^^^^ General Education Provisions Act, $113,538,000.

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 85 STAT. ]

PUBLIC LAW 92-48-JULY 9, 1971

EDUCATIONAL ACTIVITIES OVERSEAS

105

( S P E C I A L FOREIGN

CURRENCY

PROGRAM)

For payments in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States, for necessary expenses of the Office of Education, as authorized by law, $3,000,000, to remain available until expended: Provided, That this appropriation shall be available, in addition to other appropriations to such office, for payments in the foregoing currencies. SALARIES A N D E X P E N S E S

For the necessary expenses of the Office of Education, not otherwise provided, including rental of conference rooms in the District of Columbia; $51,200,000. H I G H E R EDUCATION F A C I L I T I E S LOAN

FUND

The Secretary is hereby authorized to make such expenditures, within the limits of funds available in the Higher Education Facilities Loan Fund, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitation as provided by section 104 of the Government Corporation Control Act (31 U.S.C. 849) as may be necessary in carrying out the program set forth in the budget for the current fiscal year for such fund: Provided, That loans may be made during the current fiscal year from the fund to the extent that amounts are available from commitments withdrawn prior to July 1, 1972, by the Commissioner of Education. P A Y M E N T OF PARTICIPATION

SALES

^^ ^*^*- ^^'^'

INSUFFICIENCIES

For the payment of such insufficiencies as may be required by the trustee on account of outstanding beneficial interests or participations in assets of the Office of Education authorized by the Department of Health, Education, and Welfare Appropriation Act, 1968, to be issued pursuant to section 302(c) of the Federal National Mortgage Assoelation Charter Act (12 U.S.C. l T l 7 (c)), $2,961,000, to remain available until expended.

81 Stat. 394.

^2l^^ul!i%^2,

TITLE II—EELATED AGENCIES AMERICAN PRINTING

H O U S E FOR THE B L I N D

For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 101-105), $1,580,000. -" ^ '

'

20 Stat. 468; 84 Stat. 194.

N A T I O N A L T E C H N I C A L INSTITUTE FOR THE DEAF

For carrying out the National Technical Institute for the Deaf Act (20 U.S.C. 681, et seq.), $7,619,000, of which $3,500,000 shall be for construction and shall remain available until expended.

79 Stat. 125.

MODEL SECONDARY SCHOOL FOR THE DEAF

For carrying out the Model Secondary School for the Deaf Act (80 Stat. 1027), $17,482,000, of which $14,958,000 shall be for construction ^^f'^^°^'^^ ^^' and shall remain available until expended. ^

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Page:United States Statutes at Large Volume 85.djvu/136

 106

PUBLIC LAW 92-48-JULY 9, 1971

[85 STAT.

GALLAUDET COLLEGE D,C. Code 311025.

For the partial support of Gallaudet College, including repairs and improvements as authorized by the Act of June 18, 1954 (68 Stat. 265), $13,286,000, of which $5,194,000 shall be for construction and shall remain available until expended: Provided, That if so requested by the College, such construction shall be supervised by the General Services Administration. HOWARD UNIVERSITY

For the partial support of Howard University, $47,277,000, including $2,490,000 to remain available until expended for planning and site development of buildings and facilities under the supervision of the General Services Administration. PAYMENT TO THE CORPORATION FOR PUBLIC BROADCASTING

84 Stat. 888. 47 USC 396.

To enable the Department of Health, Education, and Welfare to make payment to the Corporation for Public Broadcasting, as authorized by section 396(k)(1) of the Communications Act of 1934, as amended, for expenses of the Corporation, $30,000,000, to remain available until expended: Provided, That in addition, there is appropriated in accordance with the authorization contained in section 396 (k)(2) of such Act, to remain available until expended, amounts eq^ual to the amount of total grants, donations, bequests or other contributions (including money and the fair market value of any property) from non-Federal sources received by the Corporation during the current fiscal year, but not to exceed a total of $5,000,000. TITLE III—GENEEAL PROVISIONS

Experts and consultants. 80 Stat. 416. 5 USC 5332 note.

Fiscal year limitation.

Funds to camr pus disrupters, prohibition.

Grants, cost payment limitation.

SEC. 301. Appropriations contained in this Act, available for salaries and expenses, shall be available for services as authorized by 5 U.S.C. 3109 but at rates for individuals not to exceed the per diem rate equivalent to the rate for GS-18. SEC. 302. Appropriations contained in this Act available for salaries and expenses shall be available for expenses of attendance at meetings which are concerned with the functions or activities for which the appropriation is made or which will contribute to improved conduct, supervision, or management of those functions or activities. SEC. 303. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 304. No part of any appropriation contained in this Act shall be used to finance any Civil Service Interagency Board of Examiners. SEC. 305. No part of the funds appropriated under this Act shall be used to provide a loan, guarantee of a loan, a grant, the salary of or any remuneration whatever to any individual applying for admission, attending, employed by, teaching at, or doing research at an institution of higher education who has engaged in conduct on or after August 1, 1969, which involves the use of (or the assistance to others in the use of) force or the threat of force or the seizure of property under the control of an institution of higher education, to require or prevent the availability of certain curriculum, or to prevent the faculty, administrative officials, or students in such institution from engaging in their duties or pursuing their studies at such institution. SEC. 306. None of the funds provided herein shall be used to pay any recipient of a grant for the conduct of a research project an amount equal to as much as the entire cost of such project.

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 85 STAT. ]

PUBLIC LAW 92-48-JULY 9, 1971

107

SEC. 307. None of the funds contained in this Act shall be used for any activity the purpose of which is to require any recipient of any project grant for research, training, or demonstration made by any officer or employee of the Department of Health. Education, and Welfare to pay to the United States any portion oi any interest or other income earned on payments of such grant made before July 1, 1964; nor shall any of the funds contained m this Act be used for any activity the purpose of which is to require payment to the United States of any portion of any interest or other income earned on payments made before July 1, 1964, to the American Printing House for the Blind. SEC. 308. None of the funds contained in this Act shall be available ^ A^dditionai redfor additional permanent Federal positions in the Washington area r/mitatiom°"^' if the proportion of additional positions in the Washington area in relation to the total new positions is allowed to exceed the proportion existing at the close of fiscal year 1966. SEC. 309. No part of the funds contained in this Act may be used buL^ngf'^ student to force any school or school district which is desegregated as that term is defined in title IV of the Civil Eights Act of 1964, Public Law 88-352, to take any action to force the busing of students; to 78 stat, 246. force on account of race, creed, or color the abolishment of any school " ^ ^^^ 2000c. ^ so desegregated; or to force the transfer or assignment of any student attending any elementary or secondary school so desegregated to or from a particular school over the protest of his or her parents or parent. SEC. 310. No part of the funds contained in this Act shall be used to force any school or school district which is desegregated as that term is defined in title IV of the Civil Rights Act of 1964, Public Law 88-352, to take any action to force the busing of students; to require the abolishment of any school so desegregated; or to force on account of race, creed, or color the transfer of students to or from a particular school so desegregated as a condition precedent to obtaining Federal funds otherwise available to any State, school district or school. SEC. 311. The Secretary of Health, Education, and Welfare is ^^"^J^"^^^*^ °^ authorized to transfer unexpended balances of prior appropriations to "" ^' accounts corresponding to current appropriations provided in this Act: Provided, That such transferred balances are used for the same purpose, and for the same periods of time, for which they were originally appropriated. SEC. 312. Expenditures from funds appropriated under this Act to ^"'^i*the American Printing House for the Blind, Howard University, the National Technical Institute for the Deaf, the Model Secondary School for the Deaf, and Gallaudet College shall be subject to audit by the Secretary of Health, Education, and Welfare. This Act may be cited as the "Office of Education and Related ^^^"""^ ^^^le. Agencies Appropriation Act, 1972." Approved July 9, 1971.

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 108

PUBLIC LAW 92-49-JULY 9, 1971

[85 STAT.

Public Law 92-49 July 9. 1971 [H. R. 9271]

AN ACT Making appropriations for the Treasury Department, the United States P o s t a l Service, the Executive Office of the President, and certain independent agencies, for the fiscal year ending June 30, 1972, and for other purposes.

Be it enacted by the Senate and House of Representatives of the Treasury, United States of Anfierlca in Congress assembled, That the following and Gener'^/'oov- suHis are appropriated, out of any money in the Treasury not otherernment Approyvise appropriated, for the Treasury Department, the United States i9V^2r" "" ' Postal Service, the Executive Office of the President, and certain Independent Agencies, for the fiscal year ending June 30, 1972, and for other purposes, namely:

TITLE I—TREASURY DEPARTMENT O r r i C E OF THE

SECRETARY

SALARIES AND EXPENSES

For necessary expenses in the Office of the Secretary, including the operation and maintenance of the Treasury Building and Annex thereof; hire of passenger motor vehicles; and not to exceed $7,500 for official reception and representation expenses; $11,640,000. FEDERAL L A W ENFORCEMENT TRAINING CENTER SALARIES A N D EXPENSES

For necessary expenses of the Federal Law Enforcement Training Center, including the hire of passenger motor vehicles, $1,500,000. CONSTRUCTION

For necessary expenses for preparation of plans and specifications for buildings, acquisition of land, and construction of facilities for the Federal Law Enforcement Training Center, $21,000,000, to remain available until expended: Provided, That such sums as are necessary may be transferred to the General Services Administration for execution of the work. BUREAU OF ACCOUNTS SALARIES A N D EXPENSES

For necessary expenses of the Bureau of Accounts, $50,685,000. PAYMENT OF GOVERNMENT LOSSES I N S H I P M E N T

50 Stat. 479.

For an additional amount for payment of Government losses in shipment, in accordance with section 2 of the Act approved July 8, 1937 (40, U.S.C. 722), $700,000, to remain available until expended. BUREAU OP CUSTOMS SALARIES A N D EXPENSES

For necessary expenses of the Bureau of Customs, including purchase of three hundred and fifty-three passenger motor vehicles (of which ninety-four shall be for replacement only), including three hundred and forty-three for police-type use without regard to the general purchase price limitation for the current fiscal year, but not

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