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PUBLIC LAW 92-318-JUNE 23, 1972

with chapter 7 of title 5, United States Code, and such action shall not be deemed committed to unreviewable agency discretion within the meaning of section 701 of that title.

375 f°usc*7o\^.^'

PROHIBITION AGAINST DISCRIMINATION AGAINST THE BLIND

SEC. 904. No person in. the United States shall, on the ground of blindness or severely impaired vision, be denied admission in any course of study by a recipient of Federal financial assistance for any education program or activity, but nothing herein shall be construed to require any such institution to provide any special services to such person because of his blindness or visual impairment. ETFECT ON OTHER LAWS

SEC. 905. Nothing in this title shall add to or detract from any existing authority with respect to any program or activity under which Federal financial assistance is extended by way of a contract of insurance or guaranty. AMENDMENTS TO OTHER LAWS

SEC. 906. (a) Sections 401(b), 407(a)(2), 410, and 902 of the Civil Rights Act of 1964 (42 U.S.C. 2000c(b), 2000c-6(a)(2), 2000c-9, and 2000h-2) are each amended by inserting the word "sex" after the word "religion". (b)(1) Section 13(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)) is amended by inserting after the words "the provisions of section 6" the following: "(except section 6(d) in the case of paragraph (1) of this subsection)". (2) Paragraph (1) of subsection 3(r) of such Act (29 U.S.C. 203 (r)(1)) is amended by deleting "an elementary or secondary school" and inserting in lieu thereof ''a preschool, elementary or secondary school". (3) Section 3(s)(4) of such Act (29 U.S.C. 203(s)(4)) is amended by deleting "an elementary or secondary school" and inserting in lieu thereof "a preschool, elementary or secondary school".

78 Stat. 246 266. 75 Stat. 7 1; 80 Stat. 8 3 3. 77 Stat. 56. 29 USC 206.

80 Stat. 831.

INTERPRETATION WITH RESPECT TO LIVING FACILITIES

SEC. 907. Notwithstanding anything to the contrary contained in this title, nothing contained herein shall be construed to prohibit any educational institution receiving funds under this Act, from maintaining separate living facilities for the different sexes. TITLE X—ASSISTANCE TO INSTITUTIONS OF HIGHER EDUCATION ASSISTANCE TO INSTITUTIONS OF HIGHER EDUCATION

•Sec. 1001. (a) Part A of Title IV of the Higher Education Act of 1965 is amended by inserting at the end thereof the following new ^"^^' P- ^47. subpart: "Subpart 5—Assistance to Institutions of Higher Education " P A Y M E N T S TO INSTITUTIONS OF HIGHER EDUCATION

"SEC. 419. (a) Each institution of higher education shall be entitled for each fiscal year to a cost-of-education payment in accordance with the provisions of this section. 82-081 O - 73 - 27

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PUBLIC LAW 92-318-JUNE 23, 1972

•. •;';

Ante, p. 248.

" (b)(1) The amount of the cost-of-education payment to which an institution shall be entitled under this section for a fiscal year shall be, subject to subsection (d), the amount determined under paragraph (2)(A) plus the amount determined under paragraph (2)(B). " (2)(A)(i) The Commissioner shall determine the amount to which an institution is entitled under this subparagraph on the basis of the total number of undergraduate students who are in attendance at the institution and the number of students who are also recipients of basic grants under subpart 1, in accordance with the following table: "If the total number of students in attendance is—

Not over 1,000 Over 1,000 but not over 2,500 Over 2,500 but not over 5,000

Over 5,000 but not over 10,000

Over 10,000

Ante, p. 251.

Ante, p. 271. Ante, p. 273.

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[86 STAT.

.,

,.

_:

The amount of the grant is^—

$500 for each recipient $500 for each of 100 recipients; plus $400 for each recipient in excess of 100. $500 for each of 100 recipients; plus $400 for each of 150 recipients in excess of 100; plus $300 for each recipient in excess of 250. $500 for each 100 recipients; plus $400 for each of 150 recipients in excess of 100; plus $300 for each of 250 recipients in excess of 250; plus $200 for each recipient in Excess of 500. $500 for each of the 100 recipients; plus $400 for each of 150 recipients in excess of 100; plus $300 for each of 250 recipients in excess of 250; plus $200 for each of 500 recipients in excess of 500; plus $100 for each recipient in excess of 1,000.

" (ii) I n any case where a recipient of a basic grant under subpart 1 attends an institution receiving a cost-of-education payment under this subpart on less than a full-time basis, the amount determined under this subparagraph with respect to that student shall be reduced in proportion to the degree to which that student is not attending on a full-time basis. " (iii) If during any period of any fiscal year the funds available for making payments on the basis of entitlements established under this subparagraph are insufficient to satisfy fully all such entitlements, the amount paid with respect to each such entitlement shall be ratably reduced. When additional funds become available for such purpose, the amount of payment from such additional funds shall be in proportion to the degree to which each such entitlement is unsatisfied by the payments made under the first sentence of this division. " (B)(i) The Commissioner shall determine with respect to each institution an amount equal to the appropriate per centum (specified on the table below) of the aggregate of— " (I) supplemental educational opportunity grants under subpart 2; « ( j j) 'work-study payments under part C; and " ( H I) loaus to students under part E; made for such year to students who are in attendance at such institution. The Commissioner shall determine such amounts on the basis of percentages of such aggregate, and the number of students in attendance at institutions during the most recent academic year ending prior to such fiscal year, in accordance with the following table: "If the number of students in attendance at the institution is—

The percentage of such aggregate shall be—

Not over 1,000 Over 1,000 but not over 3,000 Over 3,000 but not over 10,000 Over 10,000

50 per centum. 4G per centum. 42 per centum. 38 per centum.

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


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PUBLIC LAW 92-318-JUNE 23, 1972

" (ii) If during any period of any fiscal year the funds available for making payments on the basis of entitlements established under this subparagraph are insufficient to satisfy fully all such entitlements, the amount paid with respect to each such entitlement shall be ratably reduced. When additional funds become available for such purpose, the amount of payment from such additional funds shall be in proportion to the degree to which each such entitlement is unsatisfied by the payments made under the first sentence of this division. " (3)(A) In determining the number of students in attendance at institutions of higher education under this subsection, the Commissioner shall compute the full-time equivalent of part-time students. " (B) The Commissioner shall make a separate determination of the number of students in attendance at an institution of higher education and the number of recipients of basic grants at any such institution at each branch or separate campus of that institution located in a different community from the principal campus of that institution pursuant to criteria established by him. "(c)(1) An institution of higner education may receive a cost-ofeducation payment in accordance with this section only upon application therefor. A n application under this section shall be submitted at such time or times, m such manner, and containing such information as the Commissioner determines necessary to carry out his functions under this title, and shall— " (A) set forth such policies, assurances, and procedures as will insure that— " (i) the funds received by the institution under this section will be used solely to defray instructional expenses in academically related programs of the applicant; "(ii) the funds received by the institution under this section will not be used for a school or department of divinity or for any religious worship or sectarian activity; "(iii) the applicant will expend, during the academic year for which a payment is sought, for all academically related programs of the institution, an amount equal to at least the average amount so expended during the three years preceding the year for which the grant is sought; and "(iv) the applicant will submit to the Commissioner such reports as the Commissioner may require by regulation; and " (B) contain such other statement of policies, assurances, and procedures as the Commissioner may require by regulation in order to protect the financial interests of the United States. " (d)(1) The Commissioner shall pay to each institution of higher education for each fiscal year the amount to which it is entitled under this section. " (2) Of the total sums appropriated to make payments on the basis of entitlements established under this section and on the basis of entitlements established under part F of title IX — " (A) 45 per centum shall be available for making payments on the basis of entitlements established under paragraph (2)(A) of subsection (a); " (B) 45 per centum shall be available for making payments on the basis of entitlements established under paragraph (2)(B) of subsection (a); and " (C) 10 per centum shall be available for making payments on the basis of entitlements established under part F of title IX. "(3) No payments on the basis of entitlements established under paragraph (2)(A) of subsection (a) may be made during any fiscal year for which the appropriations for making grants under subpart 1 does not equal at least 50 per centum of the appropriation necessary

377

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P°^^' P- ^SO.

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PUBLIC LAW 92-318-JUNE 23, 1972

[86 STAT.

for satisfying the total of all entitlements established under such subpart. I n no event shall, during any fiscal year, the aggregate of the payments to which this paragraph applies exceed that percentage of the total entitlements established under such paragraph (2)(A) which equals the percentage of the total entitlements established under subpart 1 which are satisfied by appropriations for such purpose for that fiscal year. "VETERANS' COST-OF-INSTRUCTION PAYMENTS TO INSTITUTIONS OF HIGHER EDUCATION

38 USC' 1501.' 80 Stat. 12; ^'^sl^uscVesi.

, vu,.!.-,

"SEC. 420. (a)(1) During the period beginning July 1, 1972 and ending June 30, 1975, each institution of higher education shall be entitled to a payment under, and in accordance with, this section during any fiscal year, if the number of persons who are veterans receiving vocational rehabilitation under chapter 31 of title 38, United States Code, or veterans receiving educational assistance under chapter 34 of such title, and who are in attendance as undergraduate students at such institution during any academic year, equals at least 110 per centum of the number of such recipients who were in attendance at such institution during the preceding academic year. "(2) During the period specified in paragraph (1), each institution which has qualified for a payment under this section for any year shall be entitled during the succeeding year, notwithstanding paragraph (1), to a payment under and in accordance with this section, if the number of persons referred to in such paragraph (1) equals at least the number of such persons who were in attendance at such institution during the preceding academic year. Each institution which is entitled to a payment for any fiscal year by reason of the preceding sentence shall be deemed, for the purposes of any such year succeeding the year for which it is so entitled, to have been entitled to a payment under paragraph (1) during the preceding fiscal year. " (b)(1) The amount of the payment to which any institution shall be entitled under this section for any fiscal year shall be— " (A) $300 for each person who is a veteran receiving vocational rehabilitation under chapter 31 of title 38, United States Code, or a veteran receiving educational assistance under chapter 34 of such title 38, and who is in attendance at such institution as an undergraduate student during such year; and " (B) in addition, $150, except in the case of persons on behalf of whom the institution has received a payment in excess of $150 under section 419, for each person who has been the recipient of educational assistance under subchapter V or subchapter VI of chapter 34 of such title 38, and who is in attendance at such institution as an undergraduate student during such year. "(2) I n any case where a person on behalf of whom a payment is made under this section attends an institution on less than a full-time basis, the amount of the payment on behalf of that person shall be. reduced in proportion to the degree to which that person is not attending on a full-time basis. " (c)(1) An institution of higher education shall be eligible to receive the payment to which it is entitled under this section only if it makes application therefor to the Commissioner. An application under this section shall be submitted at such time or times, in such manner, in such form, and containing such information as the Commissioner determines necessary to carry out his functions under this title, and shall— " (A) meet the requirements set forth in clauses (A) and (B) of section 4 1 9 (c)(1);

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PUBLIC LAW 92-318-JUNE 23, 1972

" (B) set forth such plans, policies, assurances, and procedures as will insure that the applicant will make an adequate eifort— " (i) to maintain a full-time office of veterans' affairs which has responsibility for veterans' outreach, recruitment, and special education programs, including the provision of educational, vocational, and personal counseling for veterans, "(ii) to carry out programs designed to prepare educationally disadvantaged veterans for postsecondary education (I) under subchapter V of chapter 34 of title 38, United States Code, and ( II) in the case of any institution located near a military installation, under subchapter VI of such chapter 34, "(iii) to carry out active outreach, recruiting, and counseling activities through the use of funds availaole under federally assisted work-study programs, and "(iv) to carry out an active tutorial assistance program (including dissemination of information regarding such program) in order to make maximum use of the benefits available under section 1692 of such title 38, except that an institution with less than 2,500 students in attendance (I) which the Commissioner determines, in accordance with regulations jointly prescribed by the Commissioner and the Administrator of Veterans' Affairs (hereinafter referred to as the 'Administrator'), cannot feasibly itself carry out any or all of the programs set forth in subclauses (i) through (iv) of this clause, may carry out such program oi' programs through a consortium agreement with one or more other institutions of higher education, and ( II) shall be required to carry out such programs only to the extent that the Commissioner determines, in accordance with regulations jointly prescribed by the Commissioner and the Administrator, is appropriate in terms of the number of veterans in attendance at such institution. The adequacy of efforts to meet the requirements of clause (B) in the preceding sentence shall be determined by the Commissioner, based upon the recommendation of the Administrator, in accordance with criteria established in regulations jointly prescribed by the Commissioner and the Administrator. "(2) The Commissioner shall not approve an application under this subsection unless he determines that the applicant will implement the requirements of clause (B) of paragraph (1) within the first academic year during which it receives a payment under this section. " (d) The Commissioner shall pay to each institution of higher education which has had an application approved under subsection (c) the amount to which it is entitled under this section. Payments under this subsection shall be made in not less than three installments during each academic year and shall be based on the actual number of persons on behalf of whom such payments are made in attendance at the institution at the time of the payment. "(e) No less than 50 per centum of the amount of payments received by any institution under subsection (d) of this section in each academic year shall be applied by such institution to implement the requirement of subclause (i) of clause (B) of paragraph (1) of subsection (c) of this section, and, to the extent that such 50 per centum amount is not exhausted, the requirements of subclauses (ii), (iii), and (iv) of such clause, except that the Commissioner may, in accordance with criteria established in regulations jointly prescribed by the Commissioner with the Administrator, waive the requirement of this subsection to the extent that he finds that such institution is adequately carrying out all such requirements without the necessity for such application of such amount of the payments received under this subsection.".

379

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.

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The New International Encyclopædia/Müller, Johannes

MÜLLER, (1801-58). The most masterful, accurate, and influential physiologist and morphologist of his time. He was born at Coblenz, Rhenish Prussia, July 14, 1801; began to study theology, but abandoned it for medicine, beginning his medical studies at Bonn in the autumn of 1819. While there he prepared a prize essay, De Respiratione Fœtus (1821). He graduated in 1822. In the spring of 1823 he went to Berlin and studied with Rudolphi, then returned to Bonn as privat-docent, to teach physiology and comparative anatomy. In 1820 he was appointed professor extraordinarius in the University of Bonn, and he was made full professor in 1830. In 1833 he was called to the University of Berlin, where he succeeded Rudolphi as professor of anatomy and physiology, and after Meckel's death he edited the Archiv für Anatomie, Physiologie, und wissenschaftliche Medicin, and remained at Berlin until his death, which occurred April 28, 1858.

With his unusual powers of application, thoroughness, and breadth, his acuteness and penetration, young Müller opened up in different directions new fields of research. In 1826 he published an important work on the physiology of sight, and a treatise entitled Ueber die phantastischen Gesichtserscheinungen, and in 1827 a work based on his lectures on physiology; in 1829 his work on general pathology, and in 1833 the first part of his epoch-making Handbook of Human Physiology, which was completed in 1840. In 1834 he was elected a member of the Berlin Academy of Sciences. As a physiologist he was the founder of a new school, working by novel methods. To him physiology owes the foundation of Bell's law, the principle of reflex movements and other nervous activities; comprehensive and detailed views on vision and hearing; a thoroughly well-grounded knowledge of the nature of the blood, lymph, and chyle; the proof of the independence of the quality of glandular secretions from the grosser structure of the glands, and the knowledge of chondrin. Müller opposed the school of nature-philosophers and placed physiology on a sound basis. He was also a founder and leader in the new morphology. The science of comparative embryology was greatly enriched by his researches. He discovered the pronephric ducts which bear his name, and explained the nature of hermaphroditism; he made extended contributions to and laid the foundations of our knowledge of the embryology and metamorphoses of the echinoderms, and he examined into the mode of development of certain sharks, which led up to his subsequent studies on the ganoids and Amphioxus. The debt morphology owes him is shown in his discovery of the lymph-hearts of the Amphibia, the micropyle of the eggs of fishes, holothurians, and the like, the intimate structure of glands, of cartilaginous and bony tissue, of erectile tissue, of the musculature of the intestines, and the finer structure of the peritoneum.

His principal works in comparative anatomy and morphology were his Vergleichende

Anatomie der Myxinoiden (1834-43), which Carus has called ‘the codex of the morphology of vertebrates.’ In collaboration with Henle he published, in 1841, Systematische Beschreibung der Plagiostomen, and in systematic zoölogy his principal works were System der Asteriden (1842), with the collaboration of Troschel, and Horæ Ichthyologica. Besides these he published upward of two hundred articles, addresses, and reports, most of which appeared in the Transactions of the Berlin Academy of Sciences and in the Archiv für Anatomie, etc.

Consult the biographical notices by Du Bois-Reymond (Abhandlungen der Berliner Akademie, 1859), containing a list of his works; Virchow, Johannes Müller, Eine Gedächtnisrede (Berlin, 1858); Bischoff, Ueber Johannes Müller und sein Verhältnis zum jetztigen Standpunkt der Physiologie (Munich, 1858); Proceedings of the Royal Society of London, vol. ix., p. 556.


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PUBLIC LAW 92-318-JUNE 23, 1972 p. 304.

[86 STAT.

(b) Title IX of the Higher Education Act of 1965 is amended by adding at the end thereof the following new part: " P A R T F — GENERAL ASSISTANCE TO GRADUATE SCHOOLS

((GENERAL ASSISTANCE GRANTS

Waiver.

Prohibition.

Report to Congress.

"SEC. 981. (a) Each institution of higher education shall, during the period beginning July 1, 1972 and ending June 30, 1975, be entitled to a general assistance grant (hereinafter m this section referred to as 'grant') in accordance with the provisions of this section. " (b) The amount of a grant to which an institution shall be entitled for any fiscal year shall be $200 multiplied by the number of students in full-time enrollment (including the full-time equivalent of the parttime enrollment for credit) at such institution who are pursuing a program of post-baccalaureate study. "(c) In order to be eligible for the grant to which it is entitled, an institution shall make application therefor to the Commissioner. Such application shall be submitted at such time or times and in such manner as the Commissioner shall prescribe by regulation. Such application shall be approved if the Commissioner determines that it— "(1) describes general educational ^oals and specific objectives of the graduate programs of the institution, and the amount of institutional income needed to meet such goals and objectives; "(2) provides satisfactory assurance that— " (A) the proceeds of the grant will be used for programs of the applicant consistent with such goals and objectives, " (B) current operating support from non-Federal sources for educationally related graduate programs of the applicant has not been reduced in anticipation of funds to be received under this section, and " (C) the applicant will make such reports as the Commissioner may require including a summary report describing how the grant was expended and an evaluation of its effectiveness in achieving such goals and objectives; and " (3) contains such provisions as the Commissioner may require by regulation in order to protect the financial interests of the United States. The Commissioner may waiv^ the requirement set forth in clause (2) (B) in the preceding sentence for any fiscal year if he determines, in accordance with criteria prescribed by regulation, that such waiver would promote the purposes of this section. " (d)(1) The Commissioner shall pay to each applicant the amount for which it is eligible under this section. " (2) If, during any period, the funds available for making payments pursuant to paragraph (1) are insufficient to satisfy fully the amounts for which all institutions are eligible under this section, the amounts for which all applicants are eligible shall be ratably reduced. "(e) None of the proceeds from a grant may be used to support a school or department of divinity or for religious worship or sectarian instruction. " (f) The Commissioner shall report to Congress not later than 120 days after the end of each fiscal year regarding the effectiveness of assistance under this section in achieving the goals and objectives of institutions of higher education and in encouraging diversity and autonomy among such institutions of higher education. The Commissioner, in such report, shall include sueh recommendations as may be appropriate regarding the continuation, modification, or extension of assistance under this section.".

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PUBLIC LAW 92-319-JUNE 23, 1972

(c)(1) Section 401(a) of the Higher Education Act of 1965 is amended (A) by striking out the word "and" at the end of paragraph (3) of such section; (B) by strikinff out the period at the end of paragraph (4) and inserting in lieu mereof a semicolon and the word ''and"; and (C) by adding at the end thereof the following new paragraph: "(5) providing assistance to institutions of higher education.". (2) Section 401(b) of such Act is amended by striking out "and 4 " and inserting in lieu thereof "4 and 5". (3) Section 491(b)(1) of such Act is amended by inserting after "For the purposes of this title," the following "except subpart 5 of part A,". (d) The total of the payments made under subpart 5 of part A of title IV, of the Higher Education Act of 1965 (except section 420) and under part F o f title IX of such Act may not exceed $1,000,000,000 during any fiscal year. Approved June 23, 1972.

381 Ante, p. 247.

Ante, p. 272. Anto, p. 3 7 5. Limitation. Ante, p. 380.

Public Law 92-319 AN ACT '!'(» direct the Se<-i'Kiir.v of.\4?ricultiu*e to release on helinlf of the Inited States id 1 condition in H deed conveying <'ertflin lands to the Arl\ans«s (Janie ai Kisli 1 Conimissioii, and for other purposes.

June 23, 1972 [H. R. S404]

/^e it enacted by the ISeimte and Home of RepremntathieH of the l.nited States of America in Congresa assemMed. That, notwithstaiul- Land"use"condiing the provisions of subsection (c) of section 32 of the Bankhead- tion, release. Jones Farm Tenant Act, as amended (7 U.S.C. 1011 (c)), the Secretary so Stat. 525; of Agriculture is authorized and directed to release on behalf of the 56 Stat. 725. United States with respect to lands designated pursuant to sectioM •2 hereof the condition in a deed dated Ootooer 2, 1969, conveying lands in the State of Arkansas to the Arkansas State Game and Fisli (Commission, which requires that the lands so conveyed be used for public purposes and provides for a reversion of such lands to the I "nited States if at any time they cease to be so used. SEC. 2. The Secretary shall release the condition referred to in the Hrst section of this Act only with respect to lands covered by and described in an agreement or agreements entered into between the Secretary and the Arkansas State Game and Fish Gommission in which such State agency, in consideration of the release of such conditions as to such lands, agrees: (a) that if lands with respect to which the condition is released are exchanged, they shall be exchanged for lands or other property of approximately comparable value and that the lands so acquired by exchange shall be used for public purposes: and (b) that proceeds from a sale, lease, exchange, or other- disposition of lands with respect to which the condition is released shall be held in a separate fund open to inspection by the Secretary of Agriculture and shall be used by the (Commission for the acquisition of lands to be held or used for public purposes. Mineral SKC, 8. Fpon application all the undivided mineral interests of interests. the United States ni any parcel or tract of land released pursuant to this Act from the condition as to such lands shall be conveyed to the Arkansas State Game and Fish ("Commission for- the use and benefit of the Gommission by.the Secretary of the Interior. In areas where the Secretary of the Interior determines that there is no active mineral

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"Administrative costs."

PUBLIC LAW 92-320-JUNE 27, 1972

[86

STAT.

development oi- leasing, and that the lands have no mineral value, the mineral interests covered by a single application shall be sold for a consideration of $1. In other areas, the mineral interests shall be sold at the fair market value thereof as determined by the Secretary of the Interior after taking into consideration such appraisals as he deems necessary or appropriate. SEC. 4. Each application made under the provisions of section 8 of this Act shall be accompanied by a nonrefundable deposit to \w applied to the administrative costs as fixed by the Secretary of the Interior. If the conveyance is made, the applicant shall pay to the Secretary of the Interior the full administrative costs, less the deposit. If a conveyance is not made pursuant to an application filed rmder this Act, the deposit shall constitute, full satisfaction of such administrative costs notwithstanding that the administr'ativc costs exceed the deposit. SEC. 5. The term "administrative costs" cis used in this Act includes, in addition to other items, all costs which the Secretary of the Interior determines are included in a determination of (1) the mineral character of the land in question, and (2) the fair market \alue of the mineral interest. Approved June 23, 1972.

Public Law 92-320 June 27, 1972 [S.3166]

Small B u s i n e s s Act, amendment. i80 Stat. 132; 84 Stat. 1468; 85 Stat. 3 9. 15 USC 6 3 3.

78 Stat. 5 2 6.

AN ACT To amend the Small Business Act.

Be it iniacted by the Senate and House of Representat'rres of the Ignited States of America in Congress assembled. That paragraph (4) of section 4:(c) of the Small Business Act is amended— (1) by striking out "$3,100,000,000" and inserting in lieu thereof "$4,300,000,000"; (2) by striking out "$450,000,000" and inserting in lieu thereof "$500.000.000"; and (3) by striking out "$300,000,000" and inserting in lieu thereof "$350,000,000". SEC. 2. Section 402(a) of the Economic Opportunity Act of 1964 (42 U.S.C. 2902(a)) is amended by striking out "$25,000" and inserting in lieu thereof "$50,000". Approved June 27, 1972. Public Law 92-321

June 30. 1972 [S. J. R e s. 211]

JOINT RESOLUTION Ti» amend title IV of the Consumer Credit Protection Act estahlishin}; the National Commission on <'onsnmer Finance.

liesolred by the Senate and Hou-sf of Repyesent ^ of the United c onsumer Credit States of America in Congress assembled. That title IV of the ConProtndme°T?t '^ ' suiucr Credit Protection Act (82 Stat. 1(55) is amended as follows: amendment. (1) ill section 404(b). by striking out "July 1, 1972" and 84 Stat. 4 4 0. 15 USC 1601 inseiting "December 31, 1972" in lieu thereof; note. (2) in section 406(e). by striking out "Ninety days after" and inserting "After" in lieu thereof; and (3) in section 407, by striking out "$1,.500,000" and inserting "$2,000,000" in lieu thereof. Approved June 30, 1972.

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PUBLIC LAW 92-322-JUNE 30, 1972

STAT.]

383

Public Law 92-322 JOINT RESOLUTION Consenting to an extension and renewal of the interstate compact to conserve oil and gas.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the consent of Congress .

1

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,

, "^.

1

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June 30, 1972 [ S. J. R e s. 72]

^ii and gas conservation c o m p a c t.

IS hereby given to an extension and renewal tor a period ot three years Extension and from September 1, 1971, to September 1, 1974, of the interstate com- renewal. pact to conserve oil and gas, as amended,, which was signed in its initial form in the city of Dallas, Texas, the 16th day of February 1935. by the representatives of Oklahoma, Texas, California, and New Mexico, and at the same time and place was signed by the representatives, as a recommendation for approval to the Governors and legislatures of the States of Arkansas, Colorado, Illinois, Kansas, and Michigan, and which, prior to August 27, 1935, was presented to and approved by the legislatures and Governors of the States of New Mexico, Kansas, Oklahoma, Illinois, Colorado, and Texas, and which so approved by the six States last above named was deposited in the Department of State of the United States, and thereafter was consented to by the Congress in Public Eesolution Numbered 64, Seventy- 49 Stat. 939. fourth Congress, approved August 27, 1935, for a period of two years, and thereafter was extended by the representatives of the compacting States and consented to by the Congress for successive periods, without interruption, the last extension being for the period from September 1, 1969, to September 1, 1971, consented to by Congress by Public Law 83 Stat. 4 3 6. Numbered 91-158, Ninety-first Congress, approved December 24, 1969. The agreement to amend, extend, and renew said compact effective September 1, 1971, dul}^ executed by representatives of the States of Alabama, Alaska, Arizona, Arkansas, Colorado, Florida, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maryland, Michigan, Mississippi, Montana, Nebraska, Nevada, New Mexico, New York, North Dakota, Ohio, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Utah, West Virginia, and Wyoming has been deposited in the Department of State of the United States, and reads as follows: "AN A G E E E M E N T TO A M E N D, E X T E N D A N D R E N E W THE I N T E R S T A T E C O M P ACT TO C O N S E R V E O I L AND GAS " WHEREAS, on the 16th day of February, 1935, in the City of Dallas, Texas, there was executed 'An Interstate Compact to Conserve Oil and Gas' which was thereafter formally ratified and approved by the States of Oklahoma, Texas, New Mexico, Illinois, Colorado and Kansas, the original of which is now on deposit with the Department of State of the United States; " WHEREAS, effective as of September 1, 1971, the several compacting states deem it advisable to amend said compact so as to provide that upon the giving of Congressional consent thereto in its amended form, said Compact will remain in effect until Congress withdraws such consent; " WHEREAS, the original of said Compact as so amended will, upon execution thereof, be deposited promptly with the Department of State of the United States, a true copy of which follows:

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 384

PUBLIC LAW 92-322-JUNE 30, 1972

[86 STAT.

"^\N IXTERSTATE COMPACT TO CONSERVE OIL AND GAS "'ARTICLE I " 'This agreement may become effective within any compacting state at any time as prescribed by that state, and shall become effective within those states ratifying it whenever any three of the States of Texas, Oklahoma, California, Kansas and New Mexico have ratified and Congress has given its consent. Any oil-producing state may l>ecome a party hereto as hereinafter provided. " 'ARTICLE

II

•'•The purpose of this compact is to conserve oil and gas by the prevention of physical waste thereof from any cause. •

"'ARTICLE

III

•' •Each state bound hereby agrees that within a reasonable time it will enact laws, or if the laws have been enacted, then it agrees to con, >.> u. ' V tinue the same in force, to accomplish within reasonable limits the prevention of: " ' (a) The operation of any oil well with an inefficient gas-oil ratio. " 'j^b) The drowning with water of any stratum capable of producing oil or gas, or both oil and gas, in paying quantities. " '(c) The avoidable escape into the open air or the wasteful burning of gas from a natural gas well. ' " (d) The creation of unnecessary fire hazards. " ' (e) The drilling, equipping, locating, spacing or operating of a well or wells so as to bring about physical waste of oil or gas or loss in the ultimate recovery thereof. " '(f) The inefficient, excessive or improper use of the reservoir energy in producing any well. •' •The enumeration of the foregoing subjects shall not limit the scope of the authority of any state. " 'ARTICLE

IV

time, enact statutes, or if such statutes have been enacted then that it will continue the same in force, providing in effect that oil produced in violation of its valid oil and/or gas conservation statutes or any valid rule, order or regulation promulgated thereunder, shall be denied access to commerce; and providing for stringent penalties for the waste of either oil or gas. " 'ARTICLE V
 * ' •Each state bound hereby agrees that it will, within a reasonable

" ' I t is not the purpose of this compact to authorize the states joining herein to limit the production of oil or gas for the purpose of stabilizing or fixing the price thereof, or create or perpetuate monopoly, or to promote regimentation, but is limited to the purpose of conserving oil and gas and preventing the avoidable waste thereof within reasonable limitations.

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 86 STAT. ]

PUBLIC LAW 92-322-JUNE 30, 1972 " 'ARTICLE

VI

" 'Each state joining- herein shall appoint one representative to a commission hereby constituted and designated as THE I N T E K S T A T E O I L COMPACT COMMISSION, the duty of which said Commission shall be to make inquiry and ascertain from time to time such methods, practices, circumstances, and conditions as may be disclosed for bringing about conservation and the prevention of physical waste of oil and gas, and at such intervals as said Commission deems beneficial it shall report its findings and recormnendations to the several states for adoption or rejection. " 'The Commission shall have powei- to recommend the cooidination of the exercise of the police powers of the several states within their several jurisdictions to promote the maximum ultimate recovery from the petroleum reserves of said states, and to recommend measures foithe maximum ultimate recovery of oil and gas. Said Commission shall organize and adopt suitable rules and regulations for the conduct of its business. " 'No action shall be taken by the Commission except: (1) By the affirmative votes of the majority of the whole number of the compacting states represented at any meeting, and (2) by a concurring vote of a majority in interest of the compacting states at said meeting, such interest to be determined as follows: Such vote of each state shall be in the decimal proportion fixed by the ratio of its daily average production during the preceding calendar half-year to the daily average production of the compacting states during said period. "'ARTICLE

VII

" 'No state by joining herein shall become financially obligated to any other state, nor shall the breach of the terms hereof by any state subject such state to financial responsibility to the other states joining herein. " 'ARTICLE VIII " 'This compact shall continue in effect until Congress withdraws its consent. But any state joining herein may, upon sixty (60) days' notice, withdraw herefrom. " 'The representatives of the signatory states have signed this agreement in a single original which shall be deposited in the archives of the Department of State of the United States, and a duly certified copy shall be forwarded to the governor of each of the signatorjstates. " 'This compact shall become effective when ratified and approved as provided in Article T. Any oil-producing state may become a party thereto by affixing its signature to a counterpart to be similarly deposited, certified, and ratified. " 'Done in the City of Dallas, Texas, this sixteenth day of February, 1935.' " WHEREAS, the said 'Interstate Compact to Conserve Oil and Gas' in its initial form has heretofore been duly renewed and extended with the consent of the Congress to September 1, 1971; and " WHEREAS, it is desired to amend said 'Interstate Compact to Conserve Oil and Gas' effective September 1, 1971, and to renew and extend said compact as so amended:

385

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 386

PUBLIC LAW 92-322-JUNE 30, 1972

[86 STAT.

"NOW, THEREFORE, T H I S W R I T I N G W I T N E S S E T H: " I t is hereby agreed that effective September 1, 1971, the Compact entitled 'An Interstate Compact to Conserve Oil and Gas' executed within the City of Dallas, Texas, on the 16th day of February, 1935, and now on deposit with the Department of State of the United States, be and the same is hereby amended by amending the first paragraph of Article VIII thereof to read as follows: " 'This compact shall continue in effect until Congress withdraws its consent. But any state joining herein may, upon sixty (60) days" notice, withdraw herefrom.' and that said compact as so amended be. and the same is hereby renewed and extended. This agreement shall become eft'ecti\e when executed, ratified, and approved as provided in Article I of said compact as so amended. "The signatory States have executed this agreement in a single original which shall be deposited in the archives of the Department of vState of the United States and a duly certified copy thereof shall be forwarded to the Governor of each of the signatory States. Any oilproducing State may become a party hereto by executing a counterpart of this agreement to be similarly deposited, certified, and ratified. "Executed by the several undersigned States, at thieir several State capitols, through their proper officials on the dates as shown, as duly authorized by statutes and resolutions, subject to the limitations and (jualifications of the acts of the respective State Legislatures. • THE STATE OF ALABAMA By Dated: Attest: Secretary of State

(jrovenior (SEAL)

• THE STATE O P ALASKA By Dated: Attest: Secretary of State -

Governor (SEAL)

" THE STATE OF ARIZONA By Dated: Attest: Secretary of State

Governor (SEAL)

• THE STATE OF ARKANSAS By Dated: Attest: Secretary of State

,^, '- .•

•THE STATE OF COLORADO By Dated: Attest: ^ Secretary of State • THE STATE OF F L O R I D A By Dated: Attest: Secretary of State

^, Governor (SEAL) .

, Governor (SEAL) , Governor (SEAL)

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 86 STAT. ]

PUBLIC LAW 92-322-JUNE 30, 1972

• THE STATE OF I L L I N O I S By Dated: Attest: Secretary of State •THE STATE OF INDIANA By Dated: Attest: Secretary of State •THE STATE OF KANSAS By Dated: Attest: Secretary of State •THE STATE OF KENTUCKY By Dated: Attest: Secretary of State •THE S T A T E OF LOUISIANA By Dated: Attest: Secretary of State •THE STATE OF MARYLAND By Dated:

387, Governor (SEAL) , Governor (SEAL)

, Governor (SEAL) , Governor (SEAL) , Governor (SEAL) , Governor

Attest: Secretary of State •THE STATE OF MICHIGAN By Dated: Attest: Secretary of State •THE STATE OF M I S S I S S I P P I By Dated: Attest: Secretary of State • THE STATE OF MONTANA By Dated: Attest: Secretary of State •^THE STATE OF NEBRASKA By Dated: Attest: Secretary of State •THE STATE OF N E W MEXICO By Dated: Attest: Secretary of State

(SEAL) , Governor (SEAL) , Governor (SEAL) , Governor (SEAL) , Governor (SEAL) , Governor (SEAL)

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 388

PUBLIC LAW 92-322-JUNE 30, 1972

1.1

[86 STAT.

" T H B STATE OF N E W YORK By Dated: Attest: Secretary of State

, Governor (SEAL)

" THE STATE OF N O R T H DAKOTA By Dated: Attest: Secretary of State

, Governor — (SBAL)

"THE STATE OF OHIO

.^

By Dated: Attest:

-

., Governor

Secretary of State " THE STATE OF OKLAHOMA

(SEAL)
 * ' ' - r r / r>

By Dated: Attest:

ui , Governor

Secretary of State

(SBAL)

" THE COMMONWEALTH O F PENNSYLVANIA By Dated: Attest: Secretary of State " THE STATE OF SOUTH DAKOTA

/-^

^ ' vr

, Governor (SEAL) •1'^

By , Dated:

H = , Governor

Attest:

Secretary of State " THE STATE OF T E N N E S S E E

'''^.IV.

(SEAL) 't'' •jrVi/lH

By Dated: Attest:

, Governor Secretary of State

" THE S T A T E OF T E X A S

By . Dated: Attest: Secretary of State " THE STATE OF U T A H By Dated: Attest:

(SEAL)

^

, Governor (SEAL) , Governor

, Secretary of State

" THE STATE OF W E S T VI R G I N I A • By Dated: Attest: Secretary of State " THE STATE OF WYOMING By Dated: Attest: Secretary of State

(SEAL) , Governor (SEAL) , Governor (SEAL)"

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 86 STAT. ]

PUBLIC LAW 92-323-JUNE 30, 1972

389

SEC. 2. (a) The Attorney General of the United States shall make a g,^;^."* ^^ ^*"'" report to Congress not later than two years after the date of enactment of this Act as to whether the activities of the Interstate Oil Compact Commission and the States under the provisions of such compact have been consistent with the purposes as set out in Article V of such compact, and have been limited to activities related directly to the immediate purpose of such compact as set out in Article II of such compact. (b) Section 2 of Public Law 185, Eighty-fourth Congress (69 Stat. Repeal. 391) is hereby repealed. SEC. 3. The right to alter, amend, or repeal the provisions of the first section of this joint resolution is hereby expressly reserved. Approved June 30, 1972.

Public Law 92-323 AN ACT To amend the cruise legislation of the Merchant Marine Act, li)80.

June 30, 1972 TH. R. 9552]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 613 of Passenger the Merchant Marine Act, 1936, as amended (46 TT.S.C. 1183), is ""JJtiVa.on amended as follows: cruises. (a) Subsection (b) is amended as follows: 82^stat? 2*48;' (IA) By striking out "effective before January 2, 1960, is re- 84 Stat.'2i5. (juired for at least one-third of each year, but not" and inserting in lieu thereof "effective before January 2, 1960, is not required. (B) By striking out " (1) on such service, route, or line for such part of each year" and inserting in lieu thereof "(1) on such service, route, or line for some part or no part of each year". (C) By striking out " (2) on cruises for all or part of the remainder of each year" and inserting in lieu thereof " (2) on cruises for all or part of each year". (b) Subsection (d) is amended as follows: (A) By inserting after the numeral " (1) " the words "except as provided in subdivision (4) of this subsection" and a comma. (B) By inserting a new subsection (4) to read as follows: "(4) Any other provisions of the Merchant Marine Act, 1936, ^9 Stat. 1985. or of the Shipping Act, 1916, to the contrary notwithstanding, Wst^u^ni.' with the approval of the Secretary of Commerce, it may carry 46 USC 842. cargo and mail between ports to the extent such carriage is not in direct competition with a carrier offering United States-flag berth service between those ports, or, if such carriage is in direct competition with one or more carriers offering United States-flag berth service between such ports, with the consent of the next scheduled United States-flag carrier, which consent shall not be ' unreasonably withheld in the judgment of the Maritime Administrator." (c) The first sentence of subsection (e) is amended by inserting after the words "after consideration of all relevant matter presented, shall" the words "approve the proposed cruise" and by striking out the last comma in the sentence and the words "approve the proposed cruise" at the end of the sentence. Approved June 30, 1972.

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 390

PUBLIC LAW 92-324-JUNE 30, 1972

[86

STAT.

Public Law 92-324 June 30, 1972 [H. R. 1 4 4 2 3 ]

Rural Telephone Bank. Financing.

49 Stat. 1 3 6 3; 85 Stat. 2 9. Debentures, sale to Treasury. 85 Stat. 3 4. 7 USC 947.

4 0 Stat. 2 88; 85 Stat. 5. 31 USC 774.

Effective date.

AN ACT To amend the Rural Electrification Act of 1936, as amended, to enhance the ability of the Rural Telephone Bank to obtain funds for the supplementary financing program on favorable terms and conditions.

Be it enacted by the Senate and House of Beyresentatives of the United States of America hi Congress assembled, That it is hereby declared to be the policy of the Congress that the Rural Telephone Bank should have the capability of obtaining adequate funds for its supplementary financing program at the lowest possible costs. I n order to effectuate this policy, it will be necessary to expand the market for debentures to be issued by the Telephone Bank. The Rural Electrification Act of 1936, as amended (7 U.S.C. 901-950(b)), is therefore further amended as hereinafter provided. SEC. 2. Section 407 of the Rural Electrification Act of 1936, as amended, is amended by inserting " (a) " immediately preceding the first sentence thereof and adding at the end thereof the following: "(b) The Telephone Bank is also authorized to issue telephone debentures to the Secretary of the Treasury, and the Secretary of the Treasury may in his discretion purchase any such debentures, and for such purpose the Secretary of the Treasury is authorized to use as a public debt transaction the proceeds of the sale of any securities hereafter issued under the Second Liberty Bond Act. as now or hereafter in force, and the purposes for which securities may be issued under the Second Liberty Bond Act as now or hereafter in force are extended to include such purchases. Each purchase of telephone debentures by the Secretary of the Treasury under this subsection shall be upon such terms and conditions as to yield a return at a rate not less than a rate determined by the Secretary of the Treasury, taking into consideration the current average yield on outstanding marketable obligations of the United States of comparable maturity. The Secretary of the Treasury may sell, upon such terms and conditions and at such price or prices as he shall determine, any of the telephone debentures acquired by him under this subsection. All purchases and sales by the Secretary of the Treasury of such debentures under this subsection shall be treated as public debt transactions of the United States.". SEC. 3. The right to repeal, alter, or amend this Act is expressly reserved. SEC. 4. This Act shall take effect upon enactment. - Approved June 30, 1972. Public Law 92-325

June 30, 1972 [S. 3715]

Defense Production Act of 1950, amendment. 65 Stat. 1 3 3; 78 Stat. 2 3 5.

67 Stat. 1 3 1; 84 Stat. 796.

AN ACT To amend and extend the Defense Production Act of 19o.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 303(b) of the Defense Broduction Act of 1950, as amended (50 U.S.C. App. 2093(b)), is amended by striking out "June 30, 1975"' and inserting in lieu thereof "June 30, 1985". SEC. 2. The first sentence of section 717(a) of the Defense. Production Act of 1950, as amended (50 U.S.C. App. 2166(a)), is amended by striking out "June 30, 1972" and inserting in lieu thereof "June 30, 1974". Approved June 30, 1972.

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 86

STAT.]

391

PUBLIC LAW 92-326-JUNE 30, 1972

Public Law 92-326 AN ACT To provide for the establishment of the Tinicum National Environmental ('enter in the Commonwealth of Pennsylvania, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, for the preservation from imminent destruction, the last remaining true tidal marshland in the Commonwealth of Pennsylvania, with its highly significant ecological features, including prime habitat for many species of wildlife, and a feeding and resting place for migratory wildfowl, the Secretary of the Interior is authorized and directed to establish the Tinicum National Environmental Center and administer same as a unit of the National Wildlife Refuge System in accordance with the National Wildlife Refuge System Administration Act of 1966, as amended (80 Stat. 927; 16 U.S.C. 668dd-668ee). SEC. 2. In fulfillment of the purposes of this Act, the Secretary of the Interior (hereinafter referred to as the "Secretary") shall acquire by donation, purchase with donated or appropriated funds, by exchange of federally owned lands in the vicinity, or otherwise, such lands or interests therein, or other property in the counties of Delaware and Philadelphia, Commonwealth of Pennsylvania, as he may deem necessary for the purpose of preserving, restoring, and developing the natural area known as Tinicum Marsh. The area to be acquired for the foregoing purposes shall not exceed 1200 acres: Provided, however, That said limitation shall not preclude such boundary adjustments as may be deemed necessary for effective administration of the Tinicum National Environmental Center. Lands or interests therein, title to which is held by the Commonwealth of Pennsylvania or a political subdivision thereof, may be acquired only b}^ donation. A description by metes and bounds of the proposed Tinicum National Environmental Center shall be published in the Federal Register, and a scale drawing thereof shall be available in the Office of the Secretary, and such other place or places in the immediate vicinity of the proposed center as will afford all interested parties easy access to information respecting the proposed center. The area to be acquired will be generally bounded on the west by Wanamaker Avenue, on the south by Interstate Highway 1-95, on the east by the easterly edge of the Tinicum Wildlife Preserve and the lands owned by the United States Department of the Interior and the United States Army Corps of Engijieers, and on the north by the developed areas and parklands of Darby Township, Folcroft, Norwood, and Prospect Park Boroughs, exclusive of the portion of marshland which has been filled by the Folcroft Landfill Corporation. SEC. 3. The Secretary shall construct, administerj and maintain at an appropriate site within the Tinicum National Environmental Center hereby authorized a wildlife interpretative center for the purpose of promoting environmental education, and to afford visitors an opportunity for the study of wildlife in its natural habitat. SEC. 4. Notwithstanding any other provision of law, any Federal property located within any of the areas described under the provisions of the second section of this Act may, with the concurrence of the head of the agency having custody thereof, be transferred without consideration to the administrative jurisdiction of the Secretary for use by him in carrying out the purposes of the Act. SEC. 5. The Secretary of the Interior may enter into cooperative agreements with the Commonwealth of Pennsylvania, political subdivisions thereof, corporations, associations, or individuals to carry out the provisions of the Act. 82-081 O - 73 - 28

June 30, 1972 [H. R. 7088]

Tinicum National Environmental Center, Pa. Establishment..

82 Stat. 359; 83 Stat. 283. Land acquisition.

Publication in Federal Register,

Boundaries.

Wildlife interpretative center.

Federal property, transfer.

Cooperative agreements.

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Page:United States Statutes at Large Volume 86.djvu/434

 392 Recordkeeping.

Appropriation.

PUBLIC LAW 92-327-JUNE 30, 1972

[86

STAT.

SEC. 6. (a) Each party with whom a cooperative agreement is entered into under this Act shall keep such records as the Secretary shall prescribe, including records which fully disclose the amount and disposition of any funds received under the cooperative agreement, the total cost of any project or undertaking in connection with the cooperative agreement entered into, and the amount and nature of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. (b) The Secretary and the Comptroller General of the United States, or any of tneir duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the party to the cooperative agreement that are pertinent to the cooperative agreements entered into under this Act. SEC. 7. There are hereby authorized to be appropriated $2,250,000 to carry out the provisions of this Act. Approved June 30, 1972. Public Law 92-327

June 30, 1972 [H. R. 9580]

D.c. Interstate agreement, authorization. Motor vehicle fees.

41 Stat. 69; 84 Stat. 1930.

F e e s, uniformit y.

Traffic law enforcement.

AN ACT To authorize the Commissioner «tf the District of Columbia to enter into agreements w'ith the Commonwealtli of Virginia and the State of Maryland concerning fees for the operation of certain motor vehicles, and the enforcement of traffic laws. Be it enacted by the Senate and Howie of liepreaentat'n-eH of the United States of Anie/ica In Congress assenihfed, That the Commissioner of the District of Columbia may enter into an interstate agreement with the Commonwealth of Virginia or with the State of Maryland, or with both, which shall stipulate that any person— (1) who operates in the District of Columbia and in the State which is a party to the agreement a single unit motor vehicle which has three or more axles and which is designed to unload itself; (2) who has registered that motor vehicle in the District of Columbia or in that State; and (3) who but for the agreement is required to pay the fee for an annual hauling permit prescribed by the fifth paragraph under the heading "General Expenses'" in the first section of the Act of July 11, 1919 (D.C. Code, sec. 5-316), and a similar fee imposed on the motor vehicle by that State; shall not be required to pay a fee described in paragraph (3) which is imposed by a jurisdiction other than the jurisdiction in which the motor vehicle is registered. If the Commissioner enters into an interstate agreement under this Act, he may adjust the annual hauling permit fees of the District of Columbia referred to in paragraph (3) so that the total amount of fees (including registration and inspection fees) required for the operation in the District of Columbia and in each State which is a party to such agreement of the vehicles referred to in paragraph (1) shall be uniform. SEC. 2. The Commissioner of the District of Columbia may enter into an interstate agreement with the Commonwealth of Virginia or with the State of Maryland, or with both, pursuant to which the parties to such agreement may assist each other in the enforcements of its laws relating to traffic (including parking violations). Approved June 30, 1972.

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 86 STAT. ]

PUBLIC LAW 92-328-JUNE 30, 1972

393

Public Law 92-328 AN ACT

To amend title 38. United States Code, to increase the rates of compensation for disabled veterans, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. ^

''

'

June 30, 1972 [s. 3338] veterans» compensation and R e lief Act of 1972.

SHORT TITLE

1. This Act may be cited as the "Veterans' Compensation andRelief Act of 1972". SECTION

TITLE I—COMPENSATION A N D OTHER B E N E F I T S SEC. 101. (a) Section 314 of title 38, United States Code, is 84 Stat. 787. amended— (1) by striking out "$25" in subsection (a) and inserting in lieu thereof "$28"; (2) by striking out "$46" in subsection (b) and inserting in lieu thereof "$51"; (3) by striking out "$70" in subsection (c) and inserting in lieu thereof "$77"; .... ''•-'(4) by striking out "$96" in subsection (d) and'inserting in lieu thereof "$106"; (5) by striking out "$135" in subsection (e) and inserting in lieu thereof';$149"; (6) by striking out "$163" in subsection (f) and inserting in lieu thereof';$179"; (7) by striking out "$193" in subsection (g) and inserting in lieu thereof "$212"; (8) by striking out "$223" in subsection (h) and inserting in lieu thereof "$245"; (9) by striking out "$250" in subsection (i) and inserting in lieu thereof "$275"; » (10) by striking out "$450" in subsection (j) and inserting in lieu thereof "$495"; (11) by striking out "$560" and "$784" in subsection (k) and " inserting in lieu thereof "$616" and "$862", respectively; (12) by striking out "$560" in subsection (1) and inserting in lieu thereof "$616"; (13) by striking out "$616" in subsection (m) and inserting in lieu thereof "$678"; (14) by striking out "$700" in subsection (n) and inserting in lieu thereof "$770"; (15) by striking out "$784" in subsections (o) and (p) and inserting in lieu thereof "$862"; (16) by striking out "$336" in subsection (r) and inserting in lieu thereof "$370"; and (17) by striking out "$504" in subsection (s) and inserting in lieu thereof "$554". (b) The Administrator of Veterans' Affairs may adjust adminis- ^^** adjusttratively, consistent with the increases authorized by this section, the '"^"** rates of disability compensation payable to persons within the purview of section 10 of Public Law 85-857 who are not in receipt of ^^ sta^ U63. compensation payable pursuant to chapter 11 of title 38, United States loi note. ^^'"'' Code.

38 USC 301.

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 394 Dependents, additional compensation. 84 Stat. 788.

72 Stat. 1117; 84 Stat. 2 0 3. 38 USC 3 0 1 361.

PUBLIC LAW 92-328-JUNE 30, 1972

[86

STAT.

SEC. 102. Section 315(1) of title 38, United States Code, is amended—• (1) by striking out "$28" in subparagraph (A) and inserting in lieu thereof "$31"; (2) by striking out "$48" in subparagraph (B) and inserting in lieu thereof "$53"; (3) by striking out "$61" in subparagraph (C) and inserting in lieu thereof "$67"; (4) by striking out "$75" and "$14" in subparagraph (D) and inserting in lieu thereof "$83" and "$15", respectively; (5) by striking out "$19" in subparagraph (E) and inserting in lieu thereof "$21"; (6) by striking out "$33" in subparagraph (F) and inserting in lieu thereof "$36"; (7) by striking out "$48" and "$14" in subparagraph (G) and inserting in lieu thereof "$53" and "$15", respectively; (8) by striking out "$23" in subparagraph (H) and inserting in lieu thereof "$25"; and (9) by striking out "$44" in subparagraph (I) and inserting in lieu thereof "$48". SEC. 103. (a) Chapter 11 of title 38, United States Code, is amended by adding at the end thereof the following new section: "§ 362. Clothing allowance "The Administrator under regulations which he shall prescribe, shall pay a clothing allowance of $150 per year to each veteran who because of disability which is compensable under the provisions of this chapter, wears or uses a, prosthetic or orthopedic appliance or appliances (including a wheelchair) which the Administrator determines tends to wear out or tear the clothing of such a veteran." (b) The analysis of such chapter 11 is amended by adding at the end thereof the f ollpwing: "362. Clothing allowance.".

Repeal. 72 Stat. 1234. 73 Stat. 4 3 5. Inc ompe te nt veterans, payments. 73 Stat. 2 9 8,

72 Stat. 1235; 73 Stat. 2 9 8.

SEC. 104. (a) Subsection (a) of section 3203 of title 38, United States Code, is repealed. (b) Subsection (d) of such section 3203 is redesignated as subsection (a) of such section 3203. (c) Paragraphs (1) and (2) of subsection (b) of such section 3203 are redesignated as paragraph (1) and as so redesignated are amended to read as follows: " (b)(1) In any case in which a veteran having neither wife nor child is being furnished hospital treatment, institutional or domiciliary care without charge or otherwise by the United States, or any political subdivision thereof, is rated by the Veterans' Administration in accordance with regulations as being incompetent by reason of mental illness, and his estate from any source equals or exceeds $1,500, further payments of pension, compensation, or emergency officers' retirement pay shall not be made until the estate is reduced to $500. The amount which would be payable but for this paragraph shall be paid to the veteran in a lump sum; however, no payment of a lump sum herein authorized shall be made to the veteran until after the expiration of six months following a finding of competency and in the event of the veteran's death before payment of such lump sum no part thereof shall be payable." (d) Paragraphs (3) and (4) of svibsection (b) of such section 3203 are redesignated as paragraphs (2) and (3), respectively; and the references in said redesignated paragraph (2) to "paragraph (2) "

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 86 STAT. ]

PUBLIC LAW 92-328-JUNE 30, 1972

and "Paragraph (2) " are changed to "paragraph (1) " and "Paragraph (1)", respectively. (e) Subsection (c) of such section 3203 is amended by deleting " (a) or". (f) Subsection (e) of such section 3203 is amended by deleting ", compensation, or retirement pay"; and as so amended is redesignated as subsection (d). (g) Subsection (f) of such section 3203 is redesignated as subsection (e). SEC. 105. (a) Subsection (d) of section 3202 of title 38, United States Code, is amended by adding at the end thereof the following new sentence: "No payment shall be made under the two preceding sentences of this subsection unless claim therefor is filed with the Veterans' Administration within five years after the death of the veteran, except that, if any person so entitled under said two sentences is under legal disability at the time of death of the veteran, such five-year period of limitation shall run from the termination or removal of the legal disability." (b) Section 3021(a) of title 38, United States Code, is amended by deleting "section 3203(a)(2)(A) of this title and". SEC. 106. All compensation or retirement pay which is being withheld pursuant to the provisions of subsections (a) and (b)(1) of section 3203, title 38, United States Code, in effect on the day before the effective date of this Act, shall be paid to the veteran, if competent, in a lump sum. If the veteran is incompetent, the withheld amounts shall be paid in a lump sum, or successive lump sums, subject to the $1,500 and $500 limitations of subsection (b)(1) of such section 3203 as amended by this Act. If a competent veteran dies before payment is made the withheld amounts shall be paid according to the order of precedence, and subject to the time limitation, of subsection (a)(2) of such section 3203 in effect the day before the effective date of this Act. I n the event of the death of an incompetent veteran before payment of all withheld amounts, no part of the remainder shall he payable. SEC. 107. Section 536 of title 38, United States Code, is amended by adding the following new subsection at the end thereof: " (d)(1) Any widow eligible for pension under this section shall, if she so elects, be paid pension at the rates prescribed by section 541 of this title, and under the conditions (other than the service requirements) applicable to pension paid under that section to widows of veterans of World War I. If pension is paid pursuant to such an election, the election shall be irrevocable, except as provided in paragraph (2). "(2) The Administrator shall pay each month to the widow of each Spanish-American W a r veteran who is receiving, or entitled to receive, pension based on a need of regular aid and attendance, whichever amount is greater (A) that which is payable to her under subsections (a) and (b) of this section as increased by section 544 of this title; or (B) that which is payable under section 541 of this title, as increased by such section 544, to a widow of a World War I veteran with the same annual income and corpus of estate. Each change in the amount of pension required by this paragraph shall be effective as of the first day of the month during which the facts of the particular case warrant such change, and shall be made without specific application therefor."

395

72 Stat. 1235. 73 Stat. 4 3 5.

78 Stat. 5 04. Filing for death benefit payments, exception. 72 Stat. 1233; 73 Stat. 2 9 7.

72 Stat. 1228. Lump-sum comp e n s a t i o n; retirement payments. Ante, p. 394.

imtH

 * X'

Spanish-American War veterans, w i d o w s ' pension,, 72 Stat. 1138; 81 Stat. 178, 179,, 73 Stat. 4 3 4; 85 Stat. 663, 664.

81 Stat. 180; 84 Stat. 1583.

Effective date.

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 396 72 Stat. 1123.

Repeal.

PUBLIC LAW 92-328-JUNE 30, 1972

[86 STAT.

gj,c. 108. (a) SectioH 334 of title 38, United States Code, is amended by striking out "equal" and all that follows down through the end thereof and inserting in lieu thereof "that specified in section 314 of this title." (b) Section 335 of such title is amended by striking out "equal" and all that follows down through the end thereof and inserting in lieu thereof "as provided in section 315 of this title." (c) Section 336 of such title is hereby repealed. (d) The table of sections at the beginning of subchapter IV of chapter 11 of title 38, United States Code, is amended by striking out the following: "336. Conditions under which wartime rates are payable." TITLE II — R E L I E F FROM ADMINISTRATIVE ERROR, OVERPAYMENTS, AND FOR F E I T U R E

80 Stat. 1376.

SEC. 201. Section 210(c) of title 38, United States Code, is amended by adding an additional subsection (3), reading as follows: "(3)(A) If the Administrator determines that any veteran, widow, child of a veteran, or other person, has suffered loss as a consequence of reliance upon a determination by the Veterans' Administration of eligibility or entitlement to benefits, without knowledge that it was erroneously made, he is authorized to provide such relief on account of such error as he determines equitable, including the payment of moneys to any person whom he determines equitably entitled thereto. Report to Con" (B) The Administrator shall submit an annual report to the Congress gress on January 1, 1973, and each succeeding year containing a brief summary, including a statement as to the disposition of each case recommended to him for equitable relief under this paragraph." 72 Stat. 1230. Q^^ £02. (a) Section 3102 of title 38, United States Code, is amended to read as follows: "§ 3102. Waiver of recovery of claims by the United States " (a) There shall be no recovery of payments or overpayments of v any benefits under any of the laws administered by the Veterans' Administration whenever the Administrator determines that recovery would be against equity and good conscience, if an application for relief is made within two years from the date of notification of the indebtedness by the Administrator to the payee. "(b) With respect to any loan guaranteed, insured, or made under 38 USC 1801. chapter 37 of this title, the Administrator may waive payment of an indebtedness to the Veterans' Administration by the veteran (as 72 Stat. 1106. defined in sections 101 and 1801), or his spouse, following default and 84 C4>nA ^ etc QA Stat. 1576.

' '

^

^^

loss of the property, where the Administrator determines that collection of such indebtedness would be against equity and good conscience. "(c) The Administrator may not exercise his authority Under subsection (a) or (b) of this section to waive recovery of any payment or the collection of any indebtedness if, in his opinion, there exists in connection with the claim for such waiver an indication of fraud, misrepresentation, material fault, or lack of good faith on the part of the person or persons having an interest in obtaining a waiver of such recovery or the collection of such indebtedness. " (d) No certifying or disbursing officer shall be liable for any amount paid to any person where the recovery of such amount is waived under subsection (a) or (b). " (e) Where the recovery of a payment oroverpayment made from the National Service Life Insurance F u n d or United States Government Life Insurance Fund is waived under this section, the fund from which the payment was made shall be reimbursed from the National

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397

PUBLIC LAW 92-328-JUNE 30, 1972

Service Life Insurance appropriation or the military and naval insurance appropriation, as applicable." (b) The waiver authority provided by section 3102(a) of title 38, United States Code, as amended by subsection (a) of this section shall apply to improper payments, overpayments, and indebtedness established by the Administrator prior to the effective date of this Act if application for relief was pending on the date of enactment of this Act, or such an application is made within two years from the date of enactment of this Act. SEC. 203. The analysis of chapter 53 of title 38, United States Code, is amended by striking therefrom "3102. Waiver of recovery of overpayments." and inserting in lieu thereof the following:

Ante,

p. 3 96.

"3102. Waiver of recovery of claims by the United States.".

SEC. 204. Section 1817 of title 38, United States Code, is amended by inserting " (a) " immediately before "Whenever any veteran" and by adding a new subsection (b) as follows: "(b) If any veteran disposes of residential property securing a guaranteed, insured, or direct loan obtained by him under this chapter without receiving a release from liability with respect to such loan under subsection (a), and a default subsequently occurs which results in liability of the veteran to the Administrator on account of the loan, the Administrator may relieve the veteran of such liability if he determines, after such investigation as he deems appropriate, that the property was disposed of by the veteran in such a manner, and subject to such conditions, that the Administrator would have issued the veteran a release from liability under subsection (a) with respect to the loan if the veteran had made application therefor incident to such disposal. Failure of a transferee to assume by contract all of the liabilities of the original veteran-borrower shall bar such release of liability only in cases in which no acceptable transferee, either immediate or remote, is legally liable to the Administrator for the indebtedness of the original veteran-borrower arising from termination of the loan. The failure of a veteran to qualify for release from liability under this subsection does not preclude relief from being granted under subsection 3102(b) of this title, if eligible thereunder." SEC. 205. Section 1820(a)(4) of title 38, United States Code, is amended by striking out that part of the section beginning with "and the authority to waive" and ending with "a severe hardship upon the veteran;". SEC. 206. Subsection (d) of section 3503 of title 38, United States Code, is amended by inserting " (1) " after " (d) " and adding at the end thereof the following: " (2) The Administrator is hereby authorized and directed to review all cases in which, because of a false or fraudulent affidavit, declaration, certificate, statement, voucher, or paper, a forfeiture of gratuitous benefits under laws administered by the Veterans' Administration was imposed, pursuant to this section or prior provisions of law, on or before September 1, 1959. I n any such case in which he determines that the forfeiture would not have been imposed under the provisions of this section in effect after September 1, 1959, he shall remit the forfeiture, effective the date of enactment of this amendatory Act. Benefits to which the individual concerned becomes eligible by virtue of any such remission may be awarded, upon application therefor, and the effective date of any award of compensation, dependency and indemnity compensation, or pension made in such a case shall be fixed in accordance with the provisions of section 3010(g) of this title."

72 Stat. 1212.

Liability, r e lease.

77 Stat. 2 71.

73 Stat. 452. Forfeiture of b e n e f i t s, remission.

76 Stat. 948.

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PUBLIC LAW 92-329-JUNE 30, 1972

[86 STAT.

TITLE III—EFFECTIVE DATES SEC. 801. (a) Sections 101 through 107 of this Act shall take ettect on the first day of the second calendar month which begins after the date of enactment. (b) Section 108 shall take effect on July 1, 1973. (c) Sections 201 through 206 of this Act shall take effect upon the date of enactment of this Act. Approved June 30, 1972. Public Law 92-329 June 30, 1972 [H. R. 15587]

AN ACT To provide for a six-month extension of the emergency unemployment compensation program.

Be it enacted by the Senate and House of Representatives of the Emergency unem- • United States of America in Congress assemblecL That section 202(f) ployment compenof Public Law 92-224 (relating to termination dates for purposes of s a t i o n program. Extension. the Emergency Unemployment Compensation Act of 1971) is 85 Stat. 8 1 1. amended— 26 USC 3304 note. (1) by striking out "June 30, 1972'- and inserting in lieu thereof "Deoember 31, 1972", (2) by striking out "September 30, 1972" and inserting in lieu thereof "March 31, 1973", and (3) by striking out "July 1, 1972" and inserting in lieu thereof "January 1, 1973". 84 Stat. 713. SEC. 2. (a) Section 3301 of the Internal Revenue Code of 1954 26 USC 3 3 0 1. (relating to rate of Federal unemployment tax) is amended by adding at the end thereof the following new sentence: " I n the case of wages paid during the calendar year 1973, the rate of such tax shall be 3.28 percent in lieu of 3.2 percent." 83 Stat. 9 1; (b) Section 6157(b) of the Internal Revenue Code of 1954 (relat84 Stat. 696. ing to payment of Federal unemployment tax on quarterly or other time period basis) is amended by adding at the end thereof the following new sentence: " I n the case of wages paid in any calendar quarter or other period during 1973, the amount of such wages shall be multiplied by 0.58 percent in lieu of 0.5 percent." 84 Stat. 716. (c) Section 905(b)(1) of the Social Security Act is amended by 42 USC 1105. adding at the end thereof the following new sentence: "In the case of any month after March 1973 and before April 1974, the first sentence of this paragraph shall be applied by substituting 'thirteen fiftyeighths' for 'one-tenth'." 85 Stat. 814. (d) Section 903(b)(3) of the Social Security Act is amended by 42 USC 1 1 0 3. adding at the end thereof the following new sentence: "No reduction shall be made under this subsection in the amount transferable to the account of any State by reason of emergency compensation paid to any individual for a week of unemployment ending after June 30, 1972." (e) The second sentence of section 204(b) of the Emergency Liiemployment Compensation Act of 1971 is amended to read as follows: "Amounts appropriated as repayable advances and paid to the States under section 203 shall be repaid, without interest (1) in the case of weeks of unemployment ending before July 1, 1972, as provided in section 903(b)(3) of the Social Security Act, and (2) in the case of weeks of unemployment ending after fTune 30, 1972, as provided in section 905(d) of such Act." Approved June 30, 1972.

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STAT.]

399

PUBLIC LAW 92-330-JUNE 30, 1972

Public Law 92-330 AN ACT To provide for the establishment of the San Francisco Bay National Wildlife Refuge.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, for the preservation and enhancement of highly significant wildlife habitat in the area known as south San Francisco Bay in the State of California, for the protection of migratory waterfowl and other wildlife, including species known to be threatened with extinction, and to provide an opportunity for wildlife-oriented recreation and nature study within the open space so preserved, the Secretary of the Interior (hereinafter referred to as the "Secretary") is authorized and directed to establish, as herein provided, a national wildlife refuge to be known as the San Francisco Bay National Wildlife Kefuge (hereinafter referred to as the "refuge"). SEC. 2. There shall be included within the boundaries of the refuge those lands, marshes, tidal flats, salt ponds, submerged lands, and open waters in the south San Francisco Bay area generally depicted on the map entitled "Boundary Map, Proposed San Francisco Bay National Wildlife Refuge", dated July 1971, and which comprise approximately twenty-one thousand six hundred and sixty-two acres within four distinct units to be known as Fremont (five thousand five hundred and twenty acres), Mowry Slough (seven thousand one hundred and seventy-five acres), Alviso (three thousand and eighty acres), and Greco Island (five thousand eight hundred and eig'hty-seven acres). Said boundary map shall be on file and available for public inspection in the offices of the Bureau of Sport Fisheries and Wildlife, Department of the Interior. SEC. 3. (a) The Secretary shall establish the refuge by publication of a notice to that effect in the Federal Register at such time as he determines that lands, waters, and interests therein sufficient to constitute an efficiently administrable refuge have been acquired for administration in accordance with the purposes of this Act. The Secertary may from time to time make corrections in the boundaries of the refuge, but the total area within the boundaries shall not exceed twenty-three thousand acres of land, marshes, tidal flats, salt ponds, submerged lands, and open waters. (b) Prior to the establishment of the refuge and thereafter', the Secretary shall administer the lands, waters, and interests therein acquired for the refuge in accordance with the provisions of the National Wildlife Refuge System Administration Act of 1966, as amended (80 Stat. 927; 16 U.S.C..668dd-668ee); except that the Secretary may utilize such additional statutory authority as may be available to him for the conservation and management of wildlife and natural resources, the development of outdoor recreation opportunities, and interpretive education as he deems appropriate to c any out the purposes of this Act. SEC. 4. The Secretary may acquire lands and waters or interests therein within the boundaries of the refuge by donation, purchase with donated or appropriated funds, or exchange: Provided, however, That lands, waters, and interests therein owned by the State of California or any political subdivision thereof may be acquired only by donation.

June 30, 1972 [H. R. 12143]

San Francisco Bay National Wildlife Refuge. Establishment.

Description.

Publication in Federal Register..

Administration.

82 Stat. 359; 83 Stat. 283.

Lands, waters, acquisition.

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 400 Appropriation, limitation.

PUBLIC LAW 92-331-JUNE 30, 1972

SEC. 5. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act for the period beginning July 1, 1972, and ending June 30, 1977, not to exceed, however, $9,000,000 for the acquisition of lands and interests therein as authorized by section 4 of this Act, and not to exceed $11,300,000 for the carrying out of the other provisions of this Act. Approved June 30, 1972. Public Law 92-331

June 30, 1972 [S. 3104]

Cotton crop reports. Issuance with general crop reports.

Reporting board; membership.

68 Stat. 1017.

[86 STAT.

V '': '

AN ACT To amend existing statutes to authorize the Secretary of Agriculture to issue cotton crop reports simultaneously with the general crop reports.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1 of the Act of May 3, 1924, as amended (43 Stat. 115. 44 Stat. 1373, 60 Stat. 940, 72 Stat. 149; 7 U.S.C. 475), is amended to read as follows: "COTTON CROP REPORTS.—The Secretary of Agriculture shall cause to be issued as of the first of each month during the cotton growing and harvesting season from August to January inclusive, reports describing the condition and progress of the crop and stating the probable number of bales which will be ginned, these reports to be issued simultaneously with the cotton ginning reports of the Bureau of the Census relating to the same dates, the two reports to be issued from the same place at 3 o'clock postmeridian on or before the 12th day of the month to which the respective reports relate. No such report shall be approved and released by the Secretary of Agriculture until it shall have been passed upon by a cotton crop reporting board consisting of five members or more to be designated by him. Not less than three members of the board shall be supervisory field statisticians of the Department of Agriculture who are located in different sections of the cotton-growing States, are experienced in estimating cotton production, ana have first-hand knowledge of the condition of the cotton crop based upon recent field observations. A majority of the members of the board shall be familiar with the methods and practices of producing cotton." SEC. 2. Section 1 of the Act of May 27, 1912, as amended (37 Stat. 118, 44 Stat. 1374, 72 Stat. 149; 7 U.S.C. 476), is amended by striking out "10th" and inserting in lieu thereof "12th-" by deleting "August 1" and inserting in lieu thereof "or before the 12th day of August", and by deleting "December 1" and inserting in lieu thereof "on or before the 12th day of December". SEC. 3. Section 45 of title 13, Lliited States Code, is amended to read as follows: "§45. Simultaneous publication of cotton reports "The reports of cotton ginned to the dates as of which the Department of Agriculture is also required to issue cotton crop reports shall be issued simultaneously with the cotton crop reports of that department, the two reports to be issued from the same place at 3 o'clock postmeridian on or before the 12th day of the month to which the respective reports relate." SEC. 4. Section 42, paragraph (a) of title 13, United States Code, is amended to read as follows:

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PUBLIC LAW 92-333-JUNE 30, 1972

401

'•(a) The statistics of the quantity of cotton ginned shall show the quantity ginned from each crop prior to August 1, September 1, September 15, October 1, October 15, November 1, November 15, December 1, December 15, January 1, January 15, February 1, and Mar(h 1; but the Secretary may limit the canvasses of August 1 and September 1 to those sections of the cotton growing States in which cotton has been ginned." Approved June 30, 1972. Public Law 92-332 JOINT RESOLUTION June 30, 1972 To authorize the Secretary of the Interior to participate in the planning and [H. J. Rea. 812] design of a national memorial to Franklin Delano Roosevelt, and for other purposes.

Resolved by the Senate and House of Representatives of the Vnited States of Amenca in Congress assembled. That (a) the joint resolu- Franklin Delano tion approved August 11, 1955 (69 Stat. 694), providing for the fi°°«(fo"mmi^rion: establishment of a Commission to formulate plans for a memorial 84 Stat. 837. to Franklin Delano Roosevelt, is amended by redesignating section 3 as section 4 and inserting the following new section: "SEC. 3. The Secretary of the Interior is authorized, upon the request of the Commission, to participate in the planning and design of the memorial." (b) Section 4, as herein redesignated, of such joint resolution is amended to read as follows: "SEC. 4. There are hereby authorized to be appropriated such sums Appropriation, as may be necessary to carry out the provisions of this joint resolution."' Approved June 30, 1972. Public Law 92-333 AN ACT To restore to the Custis-Lee Mansion located in the Arlington National Cemetery, Arlington, Virginia, its original historical name, followed by the explanatory memorial phrase, so that it shall be known as Arlington House, The Robert E, Lee Memorial.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 3 of the joint resolution entitled "Joint resolution dedicating the Lee Mansion in Arlington National Cemetery a permanent memorial to Robert E. Lee", approved June 29, 1955 (69 Stat. 190), is amended by striking "the Custis-Lee Mansion" each place it appears therein and inserting in lieu thereof "Arlington House, The Robert E. Lee Memorial". Any law, map, regulation, document, record, or other paper of the United States in which such mansion is designated or referred to as the CustisLee Mansion shall be held to designate or refer to such mansion as "Arling-ton House, The Robert E. Lee Memorial". Approved June 30, 1972.

June 30, 1972 [H. R. 105 95]

Custis-Lee Mansion. Name change.

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 402

PUBLIC LAW 92-334-JULY 1, 1972

[86 STAT.

Public Law 92-334 ,,,, „„

JOINT RESOLUTION

July 1, 1972 [H. J, Res. 1234]

Making coiitiiming appropriations for the fiscal year 1973, and for other piirpt)ses.

Continuing appropr at ons,

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 1973, namely: SEC. 101. (a,)(l) 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 1972 and for which appropriations, funds, or other authority would be available in the following Appropriation Acts for the fiscal year 1973: District of Columbia Appropriation Act; Department of Housing and Urban Development; Space, Science, Veterans, and Certain Other Independent Agencies Appropriation Act; Legislative Branch Appropriation Act; Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act; Department of Transportation and Related Agencies Appropriation Act; Department of the Interior and' Related Agencies Appropriation Act; Departments of Labor, and Health, Education, and Welfare, and Related Agencies Appropriation Act; Public Works for Water, Pollution Control, and Power Development and Atomic Energy Commission Appropriation Act; Treasury, Postal Service, and General Government Appropriation Act; and Agriculture-Environmental and Consumer Protection 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: Provided, That no provision in any Appropriation Act for the fiscal year 1973, which makes the availability of any appropriation provided therein dependent upon the enactment of additional authorizing or other legislation, shall be effective before the date set forth in section 102(c) of this joint resolution. (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 current 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 1972, and which by its terms is applicable to more than one appropriation, fund, or authority shall' be

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STAT.]

PUBLIC LAW 92-334-JULY 1, 1972

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 1972 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 Defense Appropriation Act, 1972: Provided, That none of the funds made available by this joint resolution shall be used for Exercise Reforger or Exercise Crested Cap or similar dual base exercises; activities for which provision was made in the Military Construction Appropriation Act, 1972; activities for which provision was made in the Foreign Assistance and Related Programs Appropriation Act, 1972, notwithstanding section 10 of Public Law 91-672, and section 655(c) of the Foreign Assistance Act of 1961, as amended; activities for which provision was made in the National Traffic and Motor Vehicle Safety Act of 1966, as amended; activities for continuation of high-speed ground transportation research and development; activities under the Economic Opportunity Act of 1964, as amended, for which provision was made in the Supplemental Appropriations Act, 1972; the Office of Education and Related Agencies Appropriation Act, 1972; and the Departments of Labor, and Health, Education, and Welfare, and Related Agencies Appropriation Act, 1972; activities for higher education, library resources and educational renewal, for which provision was made in the Office of Education and Related Agencies Appropriation Act, 1972; activities for social and rehabilitation services, the Office of Child Development, and maternal and child health project grants, for which provision was made in the Department of Health, Education, and Welfare Appropriation Act, 1972, and the Supplemental Appropriations Act, 1972; activities for work incentives for which provision was made in the Department of Health, Education, and Welfare Appropriation Act, 1972; activities of the American Revolution Bicentennial Commission; activities of the Corporation for Public Broadcasting; activities in support of Free Europe, Incorporated, and Radio Liberty, Incorporated, pursuant to authority contained in the United States Information and Educational Exchange Act of 1948, as amended (22 U.S.C. 1477), notwithstanding Section 708 of that Act; and activities for which provision was made in the Treasury, Postal Service, and General Government Appropriation Act, 1972, for the National Industrial Reserve established by the National Industrial Reserve Act of 1948 (50 I \ S. C. 451-462).

403

85 Stat. 716.

85 Stat. 482, Ante, p. 4 8. 84 Stat, 2055. 22 USC 2412. Ante, p. 2 9. 80 Stat. 718, 15 USC 1381 note.

42 USC 2 701 note, 85 Stat. 62 7, 85 Stat. 103. 85 Stat, 285,

85 Stat, 289,

62 Stat, 6, 22 USC 1431 note. Ante, p, 114, 85 Stat, 108, 62 Stat, 1225,

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 404

85 Stat. 62 7. 85 Stat. 89.

85 Stat. 289.

85 Stat. 103.

42 tree 2"92 note. 22 USC 2501 note

31 USC 665.

PUBLIC LAW 92-334-JULY 1, 1972

[86 STAT.

(c) Such amounts as may be necessary for continuing projects or activities for which disbursements are made by the Secretary of the 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 fiscal year 1973. (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 for (1) civil rights education, for which provision ^ a s made in the Supplemental Appropriations Act, 1972; (2) emergency school assistance activities for which provision was made in the Joint Resolution of July 1, 1971 (Public Law 92-38); (3) youth development and delinquency prevention for which provision was made in the Department of Health, Education, and Welfare Appropriation Act, 1972; (4) aid to land-grant colleges, grants for construction of undergraduate facilities, undergraduate instructional equipment, equipment and minor remodeling, and research and development for which provision was made in the Office of Education Appropriation Act, 1972; and (5) functions transferred to the Action agency by Reorganization Plan Numbered 1 of 1971 and Executive Order 11603 approved July 1, 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 18, 1972, whichever first occurs. SEC. 103. ApJ)ropriations 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 thd 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 authori;?;ation 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 1972. SEC. 107. Any appropriation for the fiscal year 1973 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 the Revised Statutes, as amended. Approved July 1, 1972.

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