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PUBLIC LAW 92-184-DEC. 15, 1971

[85

STAT.

this paragraph may not exceed 50 per centum of the amounts authorized in section 306, parts C and G of title VII, and in part B of title VIII for these purposes for the next succeeding fiscal year. SOCIAL AND REHABILITATION SERVICE SPECIAL PROGRAMS FOR THE

79 Stat. 218. 42 USC 3001 note.

For an additional amount to carry out, except as otherwise provided, the Older Americans Act of 1965, $45,750,000, to remain available for obligation through December 31, 1972. RESEARCH A N D

42 USC 3031, 3041.

AGING

TRAINING

For an additional amount to carry out, except as otherwise provided, titles IV and V of the Older Americans Act of 1965, $9,500,000, to remain available for obligation through December 31, 1972. OFFICE OF CHILD DEVELOPMENT CHILD DEVELOPMENT

81 Stat. 698; 83 Stat. 8 2 8. 42 USC 2809.

For an additional amount for "Child Development", $376,317,000, to carry out Project Headstart, as authorized by section 222(a)(1) of the Economic Opportunity Act of 1964. MATERNAL

AND C H I L D

HEALTH

Grants made during the current fiscal year for any project under 81 Stat. 9 2 6. section 508, 509, or 510 of the Social Security Act may be for periods 42 USC 708-710. ending prior to July 1, 1973. RELATED AGENCIES HOWARD UNRT:RSITY

For an additional amount for "Howard University," exclusively for construction, $13,209,000, to remain available until expended. CABINET COMMITTEE ON OPPORTUNITIES FOR SPANISH-SPEAKING PEOPLE SALARIES AND EXPENSES

For expenses necessary for the Cabinet Committee on Opportunities for Spanish-Speaking People, and the Advisory Council on SpanishSpeaking Americans, $890,000. OCCUPATIONAL SAFETY AND H E A L T H REVIEW COMMISSION SALARIES AND E X P E N S E S

For an additional amount for "Salaries and expenses," for expenses of additional hearing examiners, $660,000, to be derived by transfer from the appropriation to the Department of Labor, the Workplace Standards Administration, for "Salaries and expenses."

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633

OFFICE O F ECONOMIC O P P O R T U N I T Y FEDERAL F U N D S ECOXOMIC OPPORTUNITY PROGRAM

For expenses necessary to carry out the provisions of the Economic Opportunity Act of 1964 (Public Law 88-452, approved August 20, 1964), as amended, $741,380,000, plus veimbnrsements: Provided, That 78 42 this appropriation shall be available for the purchase and hire of pas- note senger motor vehicles, and for construction, alteration, and repair of buildings and other facilities, as authorized by section 602 of the Economic Opportunity Act of 1964: Provided further, That no part of the 42 funds appropriated in this paragraph shall be available for any grant until the Director has determined that the grantee is qualified to administer the funds and programs involved in the proposed g r a n t: P?'ovided further, That all grant agreements shall provide that the General Accounting Office shall have access to the records of the grantee which bear exclusively upon the Federal grant

Stat. 508. u s e 2701

u s e 2942.

CHAPTER IV LEGISLATIVE BRANCH SENATE For payment to Jennette Herbert Hall Prouty, widow of Winston L. Prouty, late a Senator from the State of Vermont, $42,500. SALARIES, OFFICERS AND EMPLOYEES COMMITTEEMPLOYEES

For an additional amount for "Committee Employees", $21,770, to include herein, from and after January 1, 1972, the positions made permanent by Public Law 92-136, approved October 11, 1971.

^"f^, p. 376.

ADMINISTRATIVE AND CLERICAL ASSISTANTS TO SENATORS

For an additional amount for "Administrative and Clerical Assistants to Sfenators'', $597,535: Provided, That the clerk hire allowance of each Senator from the States of Maryland and Tennessee shall be increased to that allowed Senators from States having a population of four million, the populations of said States having exceeded four million inhabitants, that the clerk hire allowance of each Senator from the State of Florida shall be increased to that allowed Senators from States having a population of seven million, the population of said State having exceeded seven million inhabitants, and that the clerk hire allowance of each Senator from the State of Michigan shall be inci-eased to that allowed Senators from States having a population of nine million, the population of said State having exceeded nine million inhabitants: Provided further. That effective January 1, 1972, the table contained in section 105(d)(1) of the Legislative Branch Appropriation Act, 1968. as amended and modified, is amended to read as follows: "$295,938 if the population of his State is less than 3,000,000; $321,768 if such population is 3,000,000 but less than 4,000,000; $345,138 if such population is 4,000,000 but less than 5,000,000; $362,850 if such population is 5,000,000 but less than 7,000,000; $382,038 if such population is 7,000,000 but less than 9,000,000; $403,440 if such population is 9,000,000 but less than 10,000,000;

^^ ^'^'* ^'^^''

637; 83 Stat. 340. 2 USC 61-1.

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$424,842 $446,244 $467,646 $488,556 $509,466 $530,130

if if if if if if

such population such population such population such population such population such population

is 10,000,000 but less than is 11,000,000 but less than is 12,000,000 but less than is 13,000,000 but less than is 15,000,000 but less than is 17,000,000 or more.".

[85 STAT.

11,000,000; 12,000,000; 13,000,000; 15,000,000; 17,000,000;

OFFICE OF SERGEANT AT ARMS AND DOORKEEPER

For an additional amount for "Office of Sergeant at Arms and Doorkeeper", $68,390: Provided, That effective January 1, 1972, the Sergeant at Arms may appoint and fix the compensation of an additional assistant video engineer at not to exceed $17,958 per annum, a senior programer at not to exceed $17,712 per annum, two program analysts at not to exceed $15,006 per annum each, four operators at not to exceed $10,086 per annum each, a liaison and documentation specialist at not to exceed $12,054 per annum, a job controller at not to exceed $12,054 per annum, and a key punch operator at not to exceed $6,642 per annum. CONTINGENT EXPENSES OF THE SENATE FOLDING DOCUMENTS

For an additional amount for "Folding Documents", $14,000. MISCELLANEOUS ITEMS

For an additional amount for "Miscellaneous Items", fiscal year 1971, $250,000 to be derived by transfer from the appropriation "Salaries, Officers and Employees", fiscal jrear 1971. state%mcrs°"ce ^^^ ^^ additional amount for "Miscellaneous Items", $275,000: ice space, p^^^^'^g^^ That cach Senator shall be entitled to office space suitable for his official use at not more than three places designated by him in the State he represents. The Sergeant at Arms shall secure for each Senator such suitable office space in post offices or other Federal buildings at the places designated by each Senator. I n the event suitable space is not available in post offices or other Federal buildings at any place designated by a Senator within his State, the Senator may lease or rent other office space for the purpose at such place, and the Sergeant at Arms shall approve for payment from the contingent fund of the Senate vouchers covering bona fide statements of rentals due for such office. I n addition, the Sergeant at Arms shall approve for payment from the contingent fund of the Senate to each Senator, upon his certification, the official office expenses incurred in his State, telephone services charges officially incurred outside Washington, District of Columbia, and charges incurred for subscriptions to newspapers, magazines, periodicals, or clipping or similar services. Payment of rentals due and such expenses and charges shall not exceed the amount of $7,800 each calendar year, of which amount not to exceed $3,600 shall be available for the payment of rentals due, except that in the case of a Senator holding his office as Senator for less than a full calendar year, such $7,800 and $3,600 shall be prorated for that portion of such year he has served as a Senator. The aggregate of payments to or on behalf of a Senator shall not exceed at any time the sum of $650 multiplied by the number of months (or fractions thereof) elapsing from (1) the first day of the calendar year in which the payment is made, or (2) the day during such year in which the Senator assumed the duties of his office, whichever day is applicable, to the date of payment, and the amounts included in such sum as pay-

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PUBLIC LAW 92-184-DEC. 15, 1971

ment for rentals due shall not exceed $300 multiplied by the number of such months (or fractions thereof), except that nothing in this sentence shall preclude the payment of rentals at the beginning of the month for which they are due. In the case of the death of any Senator, the chairman of the Committee on Rules and Administration may certify for such deceased Senator for any portion of such sum already obligated but not certified to at the time of such Senator's death, and for any additional amount which may be reasonably needed for the purpose of closing such deceased Senator's State office, for payment to the person or persons designated as entitled to such payment by such chairman. The proviso relating to strictly official telephone service charges incurred by Senators outside the District of Columbia appearing in the first paragraph of chapter VIII of the Second Supplemental Appropriation Act, 1967 (2 U.S.C. 46d-3), is repealed, and the paragraphs relating to the securing of office space for Senators in post office or other Federal buildings m their States and to the payment of official office expenses incurred by Senators in their States appearing under the heading "Senate"' in the Legislative Branch Appropriation Act, 1957, as amended (2 L'.S.C. 52, 53), are repealed. The preceding seven sentences and the proviso preceding such sentences are elective January 1, 1972. STATIONERY

635

Repeals. ^i Stat. 38.

^9 Stat. 857. 33 stat*. 342*. Effective date.

(REVOLVIXG T U X D)

For an additional amount for "Stationery (Revolving F u n d) ", $17,400: Provided, That effective with the fiscal year 1972 and thereafter, the annual allowance for stationery for the President of the Senate shall be $3,600, and such allowance for each Senator shall be as follows: $3,600 if the population of his State is less than 3,000,000; $3,800 if such population is 3,000,000 but less than 5,000,000; $1,000 if such population is 5,000,000 but less than 9,000,000; $1,200 if such population is 9,000,000 but less than 11,000,000; $4,500 if such population is 11,000,000 but less than 13,000,000; $4,800 if such population is 13,000,000 but less than 17,000,000; $5,000 if such population is 17,000,000 or more. ADMINISTRATIVE PROVISION

In the event of the death, resignation, or disability of the Secretary of the Senate, the Assistant Secretary of the Senate shall act as Secretary in carrying out the duties and responsibilities of that office in all matters, except those matters relating to the Secretary's duties as disbursing officer of the Senate, until such time as a new Secretary shall have been elected and qualified or such disability shall have been ended. For purposes of this paragraph and the last full paragraph under the heading " S E X A T E " in the First Deficiency Act, fiscal year 1936 (44 Stat. 162; 2 U.S.C. 64a), the Secretary of the Senate shall be conside red as disabled only during such period of time as the Majority and Minority Leaders and the President pro tempore of the Senate certify jointly to the Senate that the Secretary is unable to perform his duties. HOUSE OF REPRESENTATIVES For payment to Xora M. Watts, widow of John C. "VVatts, late a Representative from the State of Kentucky, $42,500. For payment to Robert D. Fulton, brother, and Fredonia Fulton Gephart, Emilie Fulton Thomas, and Elizabeth Fulton Krivobok, sisters, of James G. Fulton, late a Representative from the State of Pennsylvania, $12,500, one-quarter to each.

84 Stat. 810,.

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[85 STAT.

SALARIES, OFFICERS AND EMPLOYEES OFFICE OF THE SERGEANT AT ARMS

For an additional amount for "Office of the Sergeant at Arms", $1,550,000. MEMBERS' CLERK H I R E

For an additional amount for "Members' clerk hire", $1,000,000. CONTINGENT EXPENSES OF THE

HOUSE

MISCELLANEOUS ITEMS

For an additional amount for "Miscellaneous items", $1,000,000, of which such amounts as may be necessary may be transferred to the appropriation "Government contributions" under "Contingent expenses of the House". POSTAGE STAMP ALLOWANCES

For an additional amount for "Postage stamp allowances", $96,420. ADMINISTRATIVE

PROVISIONS

The provisions of House Resolution 418, relating to district office telephone expense allowance; House Resolution 420, relating to postage allowances for Members, committees, House leaders and officers; House Resolution 449, relating to additional positions for the Capitol Police for the House of Representatives; House Resolution 457, providing authority to the Committee on House Administration to adjust allowances by order of the Committee for Members, standing committees, leadership offices, and officers of the House; and House Resolution 533, providing additional funds for personnel in the Office of the Speaker; all of the Ninety-second Congress, shall be the permanent law with respect thereto. JOINT ITEMS CAPITOL POLICE GENERAL EXPENSES

For an additional amount for "General expenses", $129,000. OFFICIAL M A I L COSTS

For an additional amount for "Official mail costs", $18,400,000. ARCHITECT OF THE CAPITOL CAPITOL BUILDINGS AND GROUNDS CAPITOL B U I L D I N G S

41 USC 5.

For an additional amount for "Capitol buildings", $24,500, to be expended without regard to section 3709 of the Revised Statutes, as amended. SENATE OFFICE BUILDINGS

For an additional amount for "Senate Office Buildings", $66,000, to remain available until expended.

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PUBLIC LAW 92-184-DEC. 15, 1971

EXTENSION

OF ADDIITONAL S E N A T E OFFICE B U I L D I N G

637 SITE

To enable the Architect of the Capitol, under the direction of the Senate Office Building Commission, to acquire on behalf of the United States, by purchase, condemnation, transfer, or otherwise, in addition to the real property contained in square 724 in the District of Columbia heretofore acquired under Public Law 85-429, approved May 29, 1958 (72 Stat. 148-149), and Public Law 91-382, approved August 18, 1970 (84 Stat. 819), for purposes of further extension of such site or for n o40. u s e 174b-l te additions to the United States Capitol Grounds, all publicly or privately owned real property contained in lot 18 in square 724 in the District of Columbia, as such square appears on the records in the Office of the Surveyor of the District of Columbia as of the date of the approval of this Act: Provided., That for the purposes of this Act, square 724 shall be deemed to extend to the outer face of the curbs surrounding such square: Provided further., That, upon acquisition of any real property under this Act, the jurisdiction of the Capitol Police shall extend over such property: Provided further., That, any proceeding for condemnation brought under this Act shall be conducted in accordance with the Act of December 23, 1963 (16 B.C. Code, secs. 1351-1368): Provided further.. That upon acquisition 77 Stat. 577. of any real property pursuant to this Act, the Architect of the Capitol, when directed by the Senate Office Building Commission to so act, is authorized to provide for the demolition and/or removal of any structures on, or constituting a part of, such property and to use the property for Government purposes or to lease any or all of such property for such periods and under such terms and conditions as he may deem most advantageous to the United States and to incur any necessary expenses in connection therewith: Provided further. That, such real property, when acquired under authority of this Act, shall be subject to the provisions of the Act of July 31, 1946, as amended (40 U.S.C. 193a-193m, 212a, and 212b): Provided further. That, ih^ «,^°,f^^*-,V^' Architect of the Capitol, under the direction of the Senate Office 81 Stat, 275. Building Commission, is authorized to enter into contracts and to make such expenditures, including expenditures for personal and other services, expenditures authorized by Public Law 91-646, approved January 2, 1971 (84 Stat. 1894-1907), applicable to the „„tf "^^^^°^ Architect of the Capitol, and expenditures for any other required note. items, as may be necessary to carry out the provisions of this appropriation; $270,000, to remain available until expended. H O U S E OFFICE B U I L D I N G S

For an additional amount for "House office buildings", $25,000. M O D I F I C A T I O N S A N D E N L A R G E M E N T, CAPITOL POWER P L A N T

For engineering and other services for modifications to and enlargement of the Capitol Power Plant, its steam and chilled water distribution systems, for the purpose of supplying steam and chilled water for air-conditioning refrigeration to the Library of Congress James Madison Memorial Building, in addition to the buildings now supplied with such service by the plant, with sufficient reserve to provide for projected additional loads through 1980, including necessary environmental control and other appurtenant facilities. $1,200,000, to be expended by the Architect of the Capitol under the direction of the House Office Building Commission and to remain available until expended.

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[85 STAT.

L I B R A E Y OF CONGRESS SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses", $7,000. CoPTRiGHT OFFICE SALARIES A N D E X P E N S E S

For an additional amount for "Salaries and expenses", $4,000. DISTRIBUTION OF CATALOG CARDS SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses", $22,000. BOOKS FOR THE GENERAL COLLECTIONS

For an additional amount for "Books for the general collections", $2,000. BOOKS FOR THE BLIND AJND PHYSICALLY HANDICAPPED SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses", $5,000. CHAPTER V PUBLIC WORKS DEPARTMENT OF DEFENSE—CIVIL DEPARTMENT OF THE A R M Y CORPS OF ENGINEERS—CIVIL CONSTRUCTION, GENERAL

For an additional amount for "Construction, General," $102,400,000, to remain available until expended, of which not to exceed $1,400,000 shall be available for emergency flood control construction of debris basins and channel clearing in the Carpinteria, California, area affected by recent fires, and such work is hereby authorized. DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION CONSTRUCTION AND REHABILITATION

For an additional amount for "Construction and Rehabilitation", $9,210,000, to remain available until expended. U P P E R COLORADO RIVER STORAGE P R O J E C T

For an additional amount for the "Upper Colorado River Storage Project", $6,800,000, to remain available until expended.

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639

LOAN PROGRAM

For an additional amount for the "Loan Program", $600,000, to remain available until expended. CHAPTER VI DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT DEVELOPMENT

ADMINISTRATION

FACILITIES

For an additional amount for development facilities, as authorized by title I of the Public Works and Economic Development Act of 1965, as amended, $30,000,000. MINORITY BUSINESS MINORITY BUSINESS

ENTERPRISE DEVELOPMENT

For necessary expenses of the Department of Commerce in fostering, promoting and developing minority business enterprise, $40,000,000, of which $38,000,000 shall remain available until expended: Provided, That $2,000,000 may be transferred to the appropriation for "Minority business enterprise, salaries and expenses" for administrative expenses: Provided further, That not to exceed $12,500,000 of this appropriation shall be available for technical assistance, research and information pursuant to title III of the Act of August 26, 1965, as amended (42 U.S.C. 3151). NATIONAL OCEANIC AND ATMOSPHERIC SATELLITE

ADMINISTRATION

OPERATIONS

For an additional amount for "Satellite operations," $4,000,000, to remain available until expended. PATENT

OFFICE

SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses," $2,035,000. NATIONAL

BUREAU

OF STANDARDS

PLANT AND FACILITIES

For an additional amount for "Plant and facilities", $1,750,000, to remain available until expended. RELATED AGENCIES COMMISSION ON CIVIL

RIGHTS

SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses", $344,000.

79 Stat- 552,. 42 USC 313:1.

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[85 STAT.

INTERNATIONAL RADIO BROADCASTING ACTIVITIES

For expenses necessary for international radio broadcasting and related activities, as authorized by law, including not to exceed $32,000,000 for grants to Radio Free Europe and Radio Liberty, $32,225,000: Provided, That this appropriation shall be available only upon the enactment into law of S. 18 or other authorizing legislation. Ninety-second Congress. CHAPTER VII DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT

For an additional amount for "Transportation planning, research, and development", $2,500,000, to remain available until expended. FEDERAL AVIATION ADMINISTRATION RESEARCH AND DEVELOPMENT

II fx'cA* Ut note.

For expenses, not otherwise provided for, necessary for the completion of technological projects currently being conducted with respect to aircraft and components thereof, in accordance with the provisions of the Federal Aviation Act, $15,033,000, to remain available until expended. UNITED STATES INTERNATIONAL AERONAUTICAL EXPOSITION

!

For an additional amount for "United States International Aeronautical Exposition", to remain available until expended, $2,200,000, of which $200,000 shall be derived from the appropriation "Office of the Secretary, salaries and expenses": Provided, That $2,000,000 of this appropriation shall be available only upon the enactment into law of authorizing legislation by the Ninety-second Congress.

j i

FEDERAL H I G H W A Y ADMINISTRATION FOREST H I G H W A Y S

(LIQUIDATION OF CONTRACT AUTHORIZATION)

For an additional amount for "Forest highways (Liq^uidation of contract authorization)", $10,000,000, to remain available until expended. RELATED AGENCIES A VI A T I O N ADVISORY COMMISSION SALARIES AND EXPENSES

(Airport and Airway Trust Fund)

49 USC?7^f2

Ante, p. 52.

For an additional amount for the Aviation Advisory Commission, authorized by section 12 of the Act of May 21, 1970 (Public Law 91-258), as amended, $750,000 to be derived from the Airport and Airway Trust Fund and to remain available until March 1, 1973: Provided, That funds for the Aviation Advisory Commission, as provided for in chapter X I of title I of the Second Supplemental Appropriations Act, 1971, shall also remain available until March 1, 1973.

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641

"WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY FEDERAL CONTRIBUTION

For an additional amount to enable the Department of Transportation to pay the Washington Metropolitan Area Transit Authority, as part of the Federal contribution toward expenses necessary to design, engineer, construct, and equip a rail rapid transit system, as authorized by the National Capital Transportation Act of 1969 (Public Law 91-143), including acquisition of rights-of-way, 83. CStat. 320, D. Code 1-1441 land and interests therein, to remain available until expended, noTe $38,011,000 for the fiscal year 1972. CHAPTEK VIII TKEASUKY DEPARTMENT BUREAU OF ACCOUNTS SALARIES A N D

EXPENSES

For an additional amount for "Salaries and expenses", $10,556,000. POSTAL SERVICE Payment to the Postal Service F u n d For an additional amount for "Payment to the Postal Service Fund", $200,000,000. INDEPENDENT AGENCIES CIVIL SERVICE COMMISSION FEDERAL LABOR RELATIONS COUNCIL, SALARIES AND EXPENSES

Of the amount made available in the appropriation under this head in the Treasury, Postal Service, and General Government Appropriation Act, 1972, $25,000 shall be available for expenses of travel.

Ante,

p, 108.

FUNDS APPROPRIATED TO THE PRESIDENT ECONOMIC STABILIZATION ACTIVITIES SALARIES AND EXPENSES

For expenses necessary to carry out the Economic Stabilization Act of 1970, as amended, including activities under Executive Orders ^°^^' P* ^'*'* No. 11615 of August 15, 1971, and No. 11627 of October 15, 1971, both ^^^^^ ^^^^ as amended; activities under Proclamation 4074 of August 15, 1971; 218T" ^^' ' and hire of passenger motor vehicles, and services as authorized by ^os'» P« 925. 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem so Stat. 4i6. equivalent of the rate for GS-18, such amounts as may be determined from time to time by the Director of the Office of Management and Budget but not to exceed $20,153,000, to be derived by transfer from balances reserved for savings in such appropriations to the departments and agencies of the Executive Branch for the current fiscal year as the Director may determine: Provided, That advances or repayments from the above amounts may be made to any department or agency for expenses of carrying out such activities.

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[85 STAT.

CHAPTER IX C L A I M S AND J U D G M E N T S For payment of claims settled and determined by departments and agencies in accord with law and judgments rendered against the United States by the United States Court of Claims and United States district courts, as set forth in Senate Document Numbered 92-45, and House Document Numbered 92-164, Ninety-second Congress, $21,569,856, together with such amounts as may be necessary to pay interest (as and when specified in such judgments or provided by law) and such additional sums due to increases in rates of exchange as may be necessary to pay claims in foreign currency: Provided, That no judgment herein appropriated for shall be paid until it shall become final and conclusive against the United States by failure of the parties to appeal or otherwise: Provided further, That, unless otherAvise specifically required by law or by the judgment, payment of interest wherever appropriated for herein shall not continue for more than thirty days after the date of approval of the Act. CHAPTER X GENEEAL PROVISIONS

Ante, p, 251.

SEC. 901. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 902. The funds provided in the Department of justice Appro]:)riation Act, 1972, for Salaries and Expenses, Federal Bureau of Investigation, may be used, in addition to those uses authorized thereunder, for the exchange of identification records with officials of federally chartered or insured banking institutions to promote or maintain the security of those institutions, and, if authorized by State statute and approved by the Attorney General, to officials of State and local governments for purposes of employment and licensing, any such exchange to be made only for the official use of any such official and subject to the same restriction with respect to dissemination as that provided for under the aforementioned Act. Approved December 15, 1971.

Public Law 9 2 4 8 5 December 15, 1971 [H, R, 9097]

Servicemen's group life insurancea Beneficiaries, definition. 84 Stat. 326,

AN ACT

To define the terms "widow"', "widower", "child", and "parent" for servicemen's group life insurance purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 765 of title 38, United States Code, is amended by adding the following definitions thereto: "(7) The terms Svidow' or 'widower' means a person who is the lawful spouse of the insured member at the time of his death. "(8) The term 'child* means a legitimate child, a legally adopted child, an illegitimate child as to the mother, or an illegitimate child as to the alleged father, only if (a) he acknowledged the child in writing signed by him; or (b) he has been judicially ordered to contribute

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PUBLIC LAW 92-186-DEC. 15, 1971

to the child's support; or (c) he has been, before his death, judicially decreed to be the father of such child; or (d) proof of paternity is established by a certified copy of the public record of birth or church record of baptism showing that the insured was the informant and was named as father of the child; or (e) proof of paternity is established from service department or other public records, such as school or welfare agencies, which show that with his knowledge the insured was named as the father of the child. ''(9) The term 'parent' means a father of a legitimate child, mother of a legitimate child, father through adoption, mother through adoption, mother of an illegitimate child, and father of an illegitimate child but only if (a) he acknowledged paternity of the child m writing signed by him before the child's death; or (b) he has been judicially ordered to contribute to the child's supj^ort; or (c) he has been judicially decreed to be the father of such childj or (d) proof of paternity is established by a certified copy of the public record of birth or church record of baptism showing that the claimant was the informant and was named as father of the child; or (e) proof of paternity is established from service department or other public records, such as school or welfare agencies, which show that with his knowledge the claimant was named as father of the child. No person who abandoned or willfully failed to support a child during his minority, or consented to his adoption may be recognized as a parent for the purpose of this subchapter. However, the immediately preceding sentence shall not be applied so as to require duplicate payments in any case in which insurance benefits have been paid prior to receipt in thie administrative office established under subsection 766(b) of this title of sufficient evidence to clearly establish that the person so paid could not qualify as a parent solely by reason of such sentence." SEC. 2. The provisions of this Act shall apply only to Servicemen's Group Life Insurance in effect on the life of an insured member who dies on or after the date of enactment of this Act. Approved December 15, 1971.

643

^^ ^*^** ^^°* Elective date.

Public Law 92-186 AN ACT December 15, 1971

To declare that certain public lands are held in trust by the United States for the Summit Lake Paiute Tribe, and for other purposes.

[S. 952]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all of the right, Indians. title, and interest of the United States in and to lots 1, 2, 3, 4, north- PaiuTTribe/ west quarter northeast quarter, south half northeast quarter, section 7, Ne^ and the north half, section 8, township 41 north, range 26 east, Mount L and s i n t r u s t. Diablo meridian, Nevada, containing six hundred acres, more or less, together with all improvements thereon, are hereby declared to be held by the United States in trust for the Summit Lake Paiute Tribe and shall hereafter constitute a part of the Summit Lake Indian Reservation, Nevada, subject to the reservation of a right of access across said lands to the northeast quarter northeast quarter, section 7, township 41 north, range 26 east, Mount Diablo meridian, Nevada, for the benefit of the owner thereof. SEC. 2. Notwithstanding any other provision of law, the Summit Lake Paiute Tribe is hereby authorized to negotiate a purchase of the 75-432 O - 72 - 43

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 644

25 USC 70a.

PUBLIC LAW 92-187~DEC. 15, 1971

[85 STAT.

northeast quarter northeast quarter, section 7, township 41 north, range 26 east. Mount Diablo meridian, Nevada, from the owner thereof and to cause the title to be conveyed to the United States in trust for the benefit of the Summit Lake Paiute Tribe. SEC. 3. The Indian Claims Commission is directed to determine in accordance with the provisions of section 2 of the Act of August 13, 1946 (60 Stat. 1050), the extent to which the value of the beneficial interest conveyed by this Act should or should not be set off against any claim against the United States determined by the Commission. Approved December 15, 1971.

Public Law 92-187 December 15, 1971 [H. R. 3628]

Federal employees. Married women, equality. 80 Stat. 410; 81 Stat. 196,

Cost-of-living allowance.

Discrimination prohibition.

AN ACT To amend title •>, United States Code, to provide equality of treatment for married women Federal employees with respect to preference eligible employment benefits, cost-of-living allowances in foreign areas, and regulations concerning marital status generally, and for other purposes.

Be it enacted by the >ienate and House of RepreHentatlceH of the United States of America in Congress assemhied. That subparagraphs (D) and (E) of paragraph (3) of section 2108 of title 5, Ignited States Code, relating to the definition of "preference eligible"', are amended to read as follows: ""(D) the unmarried widow or widower of a veteran as defined by paragraph (1)(A) of this section; veteran if the veteran has been tmable to qualify for any appointment in the civil service or in the government of the District of Columbia;"'. SKC. 2. Paragraph (3) of section 5924 of title 5, United States Code, relating to cost-of-living allowances in foreign areas, is amended to read as follows: "(3) A separate maintenance allowance to assist an employee who is compelled, because of dangerous, notably unhealthful, or excessively adverse living conditions at the employee's post of assignment in a foreign area, or for the convenience of the Government, to meet the additional expenses of maintaining, elsewhere than at the post, the employee"s spouse or dependents, or both.". SEC. 3. Section 7152 of title 5, United States Code, relating to the prohibition on discrimination in employment because of marital status, is amended— (1) by inserting " (a) " immediately before "The President"; and (2) by adding at the end thereof the following new subsections: "(b) Regulations prescribed under any provision of this title, or under any other provision of law, granting benefits to employees, shall provide the same benefits for a married female employee and her spouse and children as are provided for a married male employee and his spouse and children. "(c) Notwithstanding any other provision of law, any provision of law providing a benefit to a male Federal employee or to his spouse or family shall be deemed to provide the same benefit to a female Federal employee or to her spouse or family.". Approved December 15, 1971.
 * '(E) the wife or husband of a service-connected disabled

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 85 STAT. ]

PUBLIC LAW 92-188-DEC. 15, 1971

645

Public Law 92-188 AN ACT

December 15, 1971

To amend title 38 of the United States Code to provide that dividends may be — [ H. R. II 3 3 4 ] — used to purchase additional paid up national service life insurance.

Be it enacted by the Senate and House of Representatives of the National servZ'nited /States of America in Congress assembled, That section T03 ice life insurance. and section 741 of title 38, United States Code, is amended by adding "^use of divl at the end thereof the following new sentence: "The limitations of this ^^7"2'^ g'tat. 1148. ' section shall not apply to the additional paid up insurance the purchase of which is authorized under section 707 of this title.*' SEC. 2. Section 707 of title 38, United States Code, is amended— ^^ ^*^*- ^^i(1) by striking out "in writing for payment in cash," in subsection (a) and inserting in lieu thereof "or directive in writing exercising any other dividend option allowable under his policy,"; (2) by adding at the end thereof the following new subsection: " (c) The Administrator, upon application in writing made by the insured for insurance under this subsection, and without proof of good health, is authorized to apply any dividend due and payable on national service life insurance after the date of such application to purchase paid up insurance. Also, the Administrator, upon application in writing made by the insured within six calendar months after the effective date of this subsection, and without proof of good health, is authorized to apply any national service life insurance dividend credits and deposits of such insured existing at the date of his application to purchase paid up insurance. Any dividends, dividend credits, or deposits on endowment policies may be used under this subsection only to purchase additional paid up endowment insiirance which matures concurrently with the basic policy. Any dividends, dividend credits, or deposits on policies (other than endowment policies) may be used under this section only to purchase additional paid up whole life insurance. The paid up insurance granted under this subsection shall be in addition to any insurance otherwise authorized under this title, or under prior provisions of law. The paid up insurance granted Terms and conunder this subsection shall be issued on the same terms and conditions d i t i o n s. as are contained in the standard policies of national service life insurance except (1) the premium rates for such insurance and all cash and loan values thereon shall be based on such table of mortality and rate of interest per annum as may be prescribed by the Administrator; (2) the total disability income provision authorized under section 715 of this title may not be added to insurance issued under this section; ^^ ^*^*' ^^^^ and (3) the insurance Shall include such other changes in terms and conditions as the Administrator determines to be reasonable and practicable."; and (3) by amending the side heading to read as follows: "§ 707. Payment or use of dividends'*. SEC. 3. The analysis of chapter 19 of title 38, Laiited States Code, is amended by deleting therefrom: •'707. Dividends to pay premiums."

and inserting in lieu thereof "707. Payment or use of dividends."

SEC. 4. The amendments made by this Act shall take effect on a date established by the Administrator but in no event later than the first day of the first calendar month which begins more than six calendar months after the date of enactment of this Act. Approved December 15, 1971.

Effective date.

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PUBLIC LAW 92-189-DEC. 15, 1971

[85 STAT.

Public Law 92-189 December 15, 1971

[H. R. 5068] Navajo Community College Act.

AN ACT To authorize grants for the Navajo Community College, and for other purposes.

Be it enacted by the Senate and House of Representatives of the Vfiited States of America in Congress assembled, That this Act may be cited as the "Navajo Community College Act." PURPOSE

SEC. 2. It is the purpose of this Act to assist the Navajo Tribe of Indians in providing education to the members of the tribe and other qualified applicants through a community college, established by that tribe, known as the Navajo Community College. GRANTS

SEC. 3. The Secretary of Interior is authorized to make grants to the Navajo Tribe of Indians to assist the tribe in the construction, maintenance, and operation of the Navajo Community College. Such college shall be designed and operated by the Navajo Tribe to insure that the Navajo Indians and other qualified applicants have educational opportunities which are suited to their unique needs and interests. AUTHORIZATION

OF APPROPRIATIONS

SEC. 4. For the purpose of making grants under this Act, there are hereby authorized to be appropriated not to exceed $5,500,000 for construction, plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations from 1971 construction costs as indicated by engineering cost indexes applicable to the types of construction involved, and an annual sum for operation and maintenance of the college that does not exceed the average amount of the per capita contribution made by the Federal Government to the education of Indian students at federally operated institutions of the same type. Approved December 15, 1971.

Public Law 92-190 December 15, 1971 [H. R. 9442]

Federal employees« F i v e GAO p o s i t i o n s, pay authorization.

83 Stat. 864.

AN ACT To authorize compensation for five General Accounting Office positions at rates not to exceed the rate for Executive Schedule Level IV.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 203 of the Federal Legislative Salary Act of 1964 (78 Stat. 415; Public Law 88-426) is amended by the addition thereto of the following subsection: "(i) The Comptroller General may fix the compensation for five positions in the General Accounting Office at rates not to exceed that prescribed, from time to time, for level IV of the Executive Schedule under section 5315 of title 5, United States Code, when he considers such action necessary because of changes in the organization, management responsibilities, or workload of the Office.". Approved December 15, 1971.

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Page:United States Statutes at Large Volume 85.djvu/677

 85 STAT. ]

PUBLIC LAW 92-192-DEC. 15, 1971

647

Public Law 92-191 AN ACT

December 15, 1971

To curtail the mailing of certain articles which present a hazard to postal employees or mail processing machines by imposing restrictions on certain advertising and promotional matter in the mails, and for other purposes.

[H. R. 8548]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1716 of title 18, Ignited States Code, is amended (1) b)^ designating the first through seventh paragraphs thereof as subsections (a) through (g), respectively; and (2) by inserting immediately above the penal provisions in such section the following new subsection: " (h) Any advertising, promotional, or sales matter which solicits or induces the mailing of anything declared nonmailable by this section is likewise nonmailable unless such matter contains wrapping or, packaging instructions which are in accord with regulations promulgated by the Postal Service." SEC. 2. Section 3001 of title 39, United States Code, as enacted by the Postal Reorganization Act (P.L. 91-375), is amended by adding at the end thereof the following new subsection: " (g) The district courts, together with the District Court of the Virgin Islands and the District Court of Guam, shall have jurisdiction, upon cause shown, to enjoin violations of section 1716 of title 18." SEC. 3. The amendments made by this Act shall become effective at the beginning of the third calendar month following the date of enactment of this Act or on the date section 3001 of title 39, United States Code, becomes effective pursuant to section 15(a) of Public Law 91-375, whichever is the later.

Nonmailable articles.

"Advertisement, '"'•*^^^™^"'72 stat! 562; 84 Stat. 779.

uJ'iidTctior"'*^* ^^8*4 s\at.°745, 1974.

Effective date.

3^ use prec. 101 note.

Approved December 15, 1971.

Public Law 92-192 JOINT RESOLUTION

December 15. 1971

To authorize and request the President to proclaim the year 1972 as "International Book Year".

[S. j. Res. i49]

Resolved by the Senate and House of Representatives of the United International States of America in Congress assembled, That in recognition of (1) ^^^^ Year. Book ^^^^ the fact that the United States, during its entire history, has recog- " DTs^gnaVion nized importance of universal education in a free society and the com- authorization. mitment of the people and Government of the United States to the free flow of information, (2) the fact that books are basic to both universal education and the free flow of information, and (3) the designation by the United Nations Educational, Scientific, and Cultural Organization of the year 1972 as "International Book Year", the President is authorized and requested to issue a proclamation designating the year 1972 as "International Book Year", and calling upon executive departments and agencies, the people of the United States, and interested groups and organizations to observe such year with appropriate ceremonies and activities both within and without the United States. Approved December 15, 1971.

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 648

PUBLIC LAW 92-193-DEC. 15, 1971

[85 STAT.

Public Law 92-193 K

,=, o,,

AN ACT

December 15, 1971

[H. R. 11335]

• ^^!?"^^ ^^^' Ince. ^ "^"'" Modified plan, 78^stau'iogs!^'

To amend section 701 of title 3S, United States Code, to permit the conversion or exchange of National Service Life Insurance policies to insurance on a modified life plan with reduction at age seventy.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 704 of title 38, Ignited States Code, is amended effective the first day of the first caleiular month which begins more than six calendar months after the date of enactment of this Act by the addition of the following new subsection thereto: "(e) On and after the effective date of this subsection and under such regidations as the Administrator may promulgate, insurance may be converted to or exchanged for insurance on a modified life plan under the same terms and conditions as are set forth in subsections (b) and (c) of this section except that at the end of the day preceding the seventieth birthday of the insured the face value of the modified life insurance policy or the amount of extended insurance thereunder shall be automatically reduced by one-half thereof, without any reduction in premium. Any insured whose modified life insurance policy issued under this subsection is in force by payment or waiver of premiums on the day before his seventieth birthday may be granted insurance on the ordinary life plan upon the same terms and conditions as are set foith in subsection (d) of this section except that in applying such provisions the seventieth birthday is to be substituted for the sixty-fifth birthday. Notwithstanding any other provision of law or regulations the Administrator under such terms and conditions as he determines to be reasonable and practicable and upon written application and payment of the required premiums, reserves, or other necessary amounts made within one year from the effective date of this subsection by an insured having in force a modified life plan issued under subsections (b) or (c) of this section, including any replacement insurance issued under subsection (d) of this section or other provision of this title, can exchange such insurance without proof of good health for an amount of insurance issued under this subsection equal to the insurance then in force or which was in force on the day before such insured's sixty-fifth birthday, whichever is the greater." Approved December 15, 1971.

Public Law 92-194 December 15, 1971

AN ACT

[H. R. 8689]

To provide overtime pay for intermittent and part-time General Schedule employees who work in excess of forty hours in a workweek.

Be it enacted by the Senate and House of Representatives of the Federal employ- Jjnited Stotcs of Amevica in Congress assembled, That section 5542(a) ''Overtime pay. of title 5, United States Code, is amended by striking out "Hours", 80 Stat. 485; ths first word in that section, and inserting " For full-time, part-time 2 Stat. 969. ^^^ intermittent tours of duty, hours" in place thereof. Approved December 15, 1971.

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Page:United States Statutes at Large Volume 85.djvu/679

 85 STAT. ]

649

PUBLIC LAW 92-195-DEC. 15, 1971

Public Law 92-195 AN ACT

December 15, 1971

To require the protection, management, and control of wild free-roaming horses and burros on public lands.

^^' m ^ l

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled., That Congress finds and declares that wild free-roaming horses and burros are living symbols of the historic and pioneer spirit of the West; that they contribute to the diversity of life forms within the Nation and enrich the lives of the American people; and that these horses and burros are fast disappearing from the American scene. I t is the policy of Congress that wild free-roaming horses and burros shall be protected from capture, branding, harassment, or death; and to accomplish this they are to be considered in the area where presently found, as an integral part of the natural system of the public lands. SEC. 2. As used in this Act— (a) "Secretary" means the Secretary of the Interior when used in connection with public lands administered by him through the Bureau of Land Management and the Secretary of Agriculture in connection with public lands administered by him through the Forest Service; (b) "wild free-roaming horses and burros" means all unbranded and unclaimed horses and burros on public lands of the United States; (c) "range" means the amount of land necessary to sustain an existing herd or herds of Avild free-roaming horses and burros, which does not exceed their known territorial limits, and which is devoted principally but not necessarily exclusively to their welfare in keeping with the multiple-use management concept for the public lands; (d) "herd" means one or more stallions and his mares; and (e) "public lands" means any lands administered by the Secretary of the Interior through the Bureau of Land Management or by the Secretary of Agriculture through the Forest Service. SEC. 3. (a) All wild free-roaming horses and burros are hereby declared to be under the jurisdiction of the Secretary for the purpose of management and protection in accordance with the provisions of this Act. The Secretary is authorized and directed to protect and manage wild free-roaming horses and burros as components of the public lands, and he may designate and maintain specific ranges on public lands as sanctuaries for their protection and preservation, where the Secretary after consultation with the wildlife agency of the State wherein any such range is proposed and with the Advisory Board established in section 7 of this Act deems such action desirable. The Secretary shall manage wild free-roaming horses and burros in a manner that is designed to achieve and maintain a thriving natural ecological balance on the public lands. He shall consider the recommendations of qualified scientists in the field of biology and ecology, some of whom shall be independent of both Federal and State agencies and may include members of the Advisory Board established in section 7 of this Act. All management activities shall be at the minimal feasible level and shall be carried out in consultation with the wildlife agency of the State wherein such lands are located in order to protect the natural ecological balance of all wildlife species which inhabit such lands, particularly endangered wildlife species. Any adjustments in forage allocations on any such lands shall take into consideration the needs of other wildlife species which inhabit such lands.

Wild horses and burro s« Protection.

Definitions.

Jurisdiction; management.

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PUBLIC LAW 92-195-DEC. 15, 1971

[85 STAT.

reSova'i"'iu°horit. ^^) Where ail area is found to be overpopul ated, the Secretary, after ova, u or y. ^.Qj^g^j^jj^g ^ j t h I\^Q Advisorj Board, may order old, sick, or lame animals to be destroyed in the most humane manner possible, and he may cause additional excess wild free-roaming horses and burros to be captured and removed for private maintenance under humane conditions and care. (c) The Secretary may order wild free-roaming horses or burros to be destroyed in the most humane manner possible when he deems such action to be an act of mercy or when in his judgment such action is necessary to preserve and maintain the habitat in a suitable condition for continued use. No wild free-roaming horse or burro shall be ordered to be destroyed because of overpopulation unless in the judgment of the Secretary such action is the only practical way to remove excess animals from the area. (d) Nothing in this Act shall preclude the customary disposal of the remains of a deceased wild free-roaming horse or burro, including those in the authorized possession of private parties, but in no event shall such remains, or any part thereof, be sold for any consideration, directly or indirectly. Private maintegj,^, J. j f ^yj}^ free-roamiiig horses or burros stray from public "^"''^* lands onto privately owned land, the owners of such land may inform the nearest Federal marshall or agent of the Secretary, who shall arrange to have the animals removed. In no event shall such wild free-roaming horses and burros be destroyed except by the agents of the Secretary. Nothing in this section shall be construed to prohibit a private landowner from maintaining wild free-roaming horses or burros on his private lands, or lands leased from the Government, if he does so m a manner that protects them from harassment, and if the animals were not willfully removed or enticed from the public lands. Any individuals who maintain such wild free-roaming horses or burros on their private lands or lands leased from the Government shall notify the appropriate agent of the Secretary and supply him with a reasonable approximation of the number of animals so maintained. Recovery rights. SEC. 5. A persoii claimiiig ownership of a horse or burro on the public lands shall be entitled to recover it only if recovery is permissible under the branding and estray laws of the State in which the animal is found. Agreements and SEC. 6. The Secretary is authorized to enter into cooperative agreeregulations* ments with other landowners and with the State and local governmental agencies and may issue such regulations as he deems necessary for the furtherance of the purposes of this Act. Joint advisory SEC. 7. The Secretary of the Interior and the Secretary of Agriboarda culture are authorized and directed to appoint a joint advisory board of not more than nine members to advise them on any matter relating to wild free-roaming horses and burros and their management and protection. They shall select as advisers persons who are not employees of the Federal or State Governments and whom they deem to have special knowledge about protection of horses and burros, management of wildlife, animal husbandry, or natural resources management. Members of the board shall not receive reimbursement except for travel and other expenditures necessary in connection with their services. Penalty, SEC. 8. Any person who— (1) willfully removes or attempts to remove a wild free-roaming horse or burro from the public lands, without authority from the Secretary, or (2) converts a wild free-roaming horse or burro to private use, without authority from the Secretary, or (3) maliciously causes the death or harassment of any wild free-roaming horse or burro, or

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 85 STAT. ]

651

PUBLIC LAW 92-196-DEC. 15, 1971

(4) processes or permits to be processed into commercial products the remains of a wild free-roaming horse or burro, or (5) sells, directly or indirectly, a wild free-roaming horse or burro maintained on private or leased land pursuant to section 4 of this Act, or the remains thereof, or (6) willfully violates a regulation issued pursuant to this Act, shall be subject to a fine of not more than $2,000, or imprisonment for not more than one year, or both. Any person so charged with such violation by the Secretary may be tried and sentenced by any United States commissioner or magistrate designated for that purpose by the court by which he was appointed, in the same manner and subject to the same conditions as provided for in section 3401, title 18, United States Code. (b) Any employee designated by the Secretary of the Interior or the Secretary of Agriculture shall have power, without warrant, to arrest any person committing in the presence of such employee a violation of this Act or any regulation made pursuant thereto, and to take such person immediately for examination or trial before an officer or court of competent jurisdiction, and shall have power to execute any warrant or other process issued by an officer or court of competent jurisdiction to enforce the provisions of this Act or regulations made pursuant thereto. Any judge of a court established under the laws of the United States, or any United States magistrate may, within his respective jurisdiction, upon proper oath or affirmation showing probable cause, issue warrants in all such cases. SEC, 9. Nothing in this Act shall be construed to authorize the Secretary to relocate wild free-roaming horses or burros to areas of the public lands where they do not presently exist. SEC. 10. After the expiration of thirty calendar months following the date of enactment of this Act, and every twenty-four calendar months thereafter, the Secretaries of the Interior and Agriculture will submit to Congress a joint report on the administration of this Act, including a summary of enforcement and/or other actions taken thereunder, costs, and such recommendations for legislative or other actions as he might deem appropriate. The Secretary of the Interior and the Secretary of Agriculture shall consult with respect to the implementation and enforcement of this Act and to the maximum feasible extent coordinate the activities of their respective departments and in the implementation and enforcement of this Act. The Secretaries are authorized and directed to undertake those studies of the habits of wild free-roaming horses and burros that they may deem necessary in order to carry out the provisions of this Act. Approved December 15, 1971.

82 Stat. I l l s. Power of arrest.

Limitation.

Report to Congress.

Studies.

Public Law 92-196 AN ACT

To provide additional revenue for the District of Columbia, and for other purposes.

December 15, 1971

[H. R. 11341]

~

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Act may District of be cited as the "District of Columbia Revenue Act of 1971". AclTfJgrl!''*""^

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Page:United States Statutes at Large Volume 85.djvu/682

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PUBLIC LAW 92-196-DEC. 15, 1971

[85 STAT.

TITLE I AMENDMENTS TO DISTRICT OF COLUMBIA INHERITANCE TAX

SEC. 101. (a) Paragraph (a) of section 1 of article 1 of title V of the District of Columbia Revenue Act of 1937 (D.C. Code, sec. 53 Stat. 1111. 47-1601) is amended to read as follows: "SEC. 1. (a) All real property and tangible and intangible personal property, or any interest therein, having its taxable situs in the District of Columbia, transferred from any person who may die seized or possessed thereof, either by will or by law, or by right of survivorship, and all such property, or interest therein, transferred by deed, grant, bargain, gift, or sale (except in cases of a bona fide purchase for full consideration in money or money's worth), made or intended to take effect in possession or enjoyment after the death of the decedent, or made in contemplation of death, to or for the use of, in trust or otherwise (including property of which the decedent has retained for his life or for any period not ascertainable without reference to his death or for any period which does not in fact end before his death (1) the possession or enjoyment of, or the right to the income from such property, or (2) the right, either alone or in conjunction with any person, to designate the persons who shall possess or enjoy the property or the income therefrom), to the father, mother, husband, wife, children by blood or legally adopted children, or any other lineal descendants or lineal ancestors of the decedent, shall be subject to the tax as follows: 1 per centum of so much of said property as is in excess of $5j000 and not in excess of $25,000; 2 per centum of so much of said property as is in excess of $25,000 and not in excess of $50,000; 3 per centum of so much of said property as is in excess of $50,000 and not in excess of $100,000; 5 per centum of so much of said property as is in excess of $100,000 and not in excess of $500,000; 6 per centum of so much of said property as is in excess of $500,000 and not in excess of $1,000,000; and 8 per centum of so much of said property as is in excess of $1,000,000." Repeal. (b) Paragraph (b) of such section is repealed and paragraph (c) of such section is amended to read as follows: "(c) So much of said property so transferred to any person other than those included in paragraph (a) of this section and all firms, institutions, associations, and corporations shall be subject to a tax as follows: 5 per centum of so much of said property as is in excess of $1,000 and not in excess of $25,000; 10 per centum of so much of said property as is in excess of $25,000 and not in excess of $50,000; 14 per centum of so much of said property as is in excess of $50,000 and not in excess of $100,000; 18 per centum of so much of said property as is in excess of $100,000 and not in excess of $500,000; 22 per centum of so much of said property as is in excess of $500,000 and not in excess of $1,000,000; and 23 per centum of so much of said property as is in excess of $1,000,000." Effective date. ^^^ rjj^g amendments made by this section shall apply with respect to property in the estates of persons who die on or after the date of enactment of this Act.

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Page:United States Statutes at Large Volume 85.djvu/683

 85

PUBLIC LAW 92-1 9 6 - D E C. 15, 1971

STAT.]

653

TITLE II TAXATION OF BUSINESS INVENTORY

SEC. 201. Paragraph 2 of section 6 of the Act of July 1, 1902 (D.C. Code, sec. 47-1207), is amended by adding at the end thereof the 32 Stat. eis. following sentence: "Effective July 1, 1972, the rate of tax applicable to the average stock in trade of dealers in general merchandise shall be two-thirds of the rate of tax established by the District of Columbia Council for application generally to personal property subject to taxation for the fiscal year ending June 30, 1972; and effective July 1, 1973, the rate of tax applicable to the average stock in trade of dealers in general merchandise shall be one-third the rate of tax established by the District of Columbia Council to be applied generally to personal property subject to taxation for the fiscal year ending June 30, 1973; and effective July 1, 1974, the tax on the average s to ^ in trade of dealers in general merchandise is repealed." TITLE III MOTOR VEHICLE FUELS TAX

SEC. 301. (a) The first section of the Act entitled "An Act to provide for a tax on motor vehicle fuels sold within the District of Columbia, and for other purposes," approved April 23, 1924 (43 Stat. 106; D.C. Code, sec. 47-1901), as amended, is amended by striking the figure ^J?,,^l^^:^J^'' ,,_,,

'

T.

,.

•''•,•

,1

« /i

r^

ccr.1-^

"^

fe

«=

80 S t a t, 8 5 8.

" 7 " and inserting m lieu thereof the figure 8. (b) Section 2(b) of such Act (D.C. Code, 47-1902(b)), is 43 Stat. loe. amended to read as follows: " (b) The term 'motor vehicle fuels' means gasoline, diesel fuel, f^'eTs°"" ^^^'""^^ and other volatile and flammable liquid fuels produced or compounded for the purpose of operating or propelling internal combustion engines. I t also includes benzol, oenzene, naphtha, kerosene, heating oils, all liquified petroleum gases, and all combustible gases and liquids suitable for the generation of power for propulsion of motor vehicles when advertised, offered for sale, sold for use, or used, alone, or blended or compounded with other products, for the purpose of operating or propelling internal combustion engines." (c) Section 10 of such Act (D.C. Code, 47-1910) is repealed. Repeal. (d) Section 14 of such Act (D.C. Code, 47-1912), as amended, is amended by striking out "of 7 cents per gallon". SEC. 302. The amendments made by this title shall take effect on Elective date. the first day of the first month which begins more than thirty days after the date of enactment of this Act. TITLE IV CORPORATE AND UNINCORPORATED BUSINESS INCOME TAX

SEC. 401. Section 2 of title VII of article I of the District of Columbia Income and Franchise Tax Act of 1947 (D.C. Code, sec. 47-1571a) is amended by striking out " 6 " and inserting in lieu 82^staL^6i2!^' thereof "7".

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PUBLIC LAW 92-196-DEC. 15, 1971

61 Stat. 346; 82 Stat. 6 1 2. Ante,

p. 653.

Supra. Effective dates

[85 STAT.

SEC. 402. Section 3 of title VIII of such Act (D.C. Code, sec. 47-1574b) is amended by striking out " 6 " and inserting in lieu thereof "7". SEC. 403. Section 2 of title VII of such Act (D.C. Code, sec. 47-1571a) is amended by striking out " 7 " and inserting in lieu thereof " 8 ". SEC. 404. Section 3 of title VIII of such Act (D.C. Code, sec. 47-1574b) is amended by striking out " 7 " and inserting in lieu thereof "8". SEC. 405. The amendments made by sections 401 and 402 of this title shall apply with respect to taxable years beginning after December 31, 1971, but before January 1, 1974. The amendments made by sections 403 and 404 of this title shall apply with respect to taxable years beginning on or after January 1, 1974. TITLE V INCREASE SPECIAL FUND BORROWING AUTHORITY

Sanitary and sewer s y s t e m s. 68 Stat. 108; 84 Stat. 19 30.

74 Stat. 210, D. C. Code 431620.

81 Stat. 224.

SEC. 501. Section 214 of the District of Columbia Public Works Act of 1954 (D.C. Code, sec. 43-1613) is amended by striking out the figure "$72,000,000" and inserting in lieu thereof the figure "$106,000,000". SEC. 502. The Act entitled "An Act to authorize the Commissioners of the District of Columbia to plan, construct, operate, and maintain a sanitary sewer to connect the Dulles International Airport with the District of Columbia system", approved June 12, 1960, as amended, is further amended (1) by striking out in section 4 (D.C. Code, sec. 43-1623 (a)) "$25,000,000" and inserting in lieu thereof "$35,500,000", and (2) by adding at the end of section 2(b) (D.C. Code, sec. 43-1621 (b)) the following: "Lump-sum payments made by an agency or local authority pursuant to the provisions of this section, and as reimbursement to the United States of funds loaned in compliance with section 4 of this Act, need not be appropriated, and may be made by the agency or local authority to the Secretary of the Treasury.". The second sentence of section 4(a) of such Act is amended by striking out "Any loan advanced" down through and including "from the receipts credited to said fund" and inserting in lieu thereof the following: "Any loan advanced under this section shall be credited to the Metropolitan Area Sanitary Sewage Works Fund, and— "(1) in the case of any loan advanced under this section before July 1, 1971, 50 per centum of such loan shall be repaid to the Secretary of the Treasury, and "(2) in the case of any loan advanced on or after July 1, 1971, 100 per centum of such loan shall be repaid to the Secretary of the Treasury, from the receipts credited to such fund". TITLE VI INCREASE I N AUTHORIZATION OF THE FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

80 Stat. 857; 84 Stat. 19 30.

SEC. 601. (a) Section 1 of article VI of the District of Columbia Revenue Act of 1947 (D.C. Code, sec. 47-2501a) is amended to read as follows: "SECTION 1. There are authorized to be appropriated, as the annual payment by the United States toward defraying the expenses of the government of the District of Columbia, not to exceed $173,000,000 for the fiscal year ending June 30, 1972, and not to exceed $178,000,000 for

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the fiscal year ending June 30, 1973, and for each fiscal year thereafter. Sums appropriated under this section shall be credited to the general fund of the District of Columbia." (b)(1) In addition to the amount authorized to be appropriated under section 1 of Article VI of the District of Columbia Revenue Act of 1947 (D.C. Code, sec. 47-2501a) for the fiscal year ending June 30, 1972, there is authorized to be appropriated to the District of Columbia for such fiscal year not to exceed $6,000,000 which may only be used in such fiscal year to pay officers and employees of the District of Columbia increased compensation which is required by comparability adjustments made on or after January 1, 1972, in the rates of pay of statutory pay systems (as defined in section 5301(c) of title 5, United States Code), based on the 1971 Bureau of Labor Statistics survey. (2) In addition to the amount authorized to be appropriated under section 1 of Article VI of the District of Columbia Revenue Act of 1947 (D.C. Code, sec. 47-2501a) for the fiscal year ending June 30, 1973, and for each fiscal year thereafter, there is authorized to be appropriated to the District of Columbia not to exceed $12,000,000 for each such fiscal year which may only be used to pay officers and employees of the District of Columbia increased compensation which is required by comparability adjustments made on or after January 1, 1972, in the rates of pay of statutory pay systems (as defined in section 5301(c) of title 5, United States Code), based on the 1971 Bureau of Labor Statistics survey.

655

Ante,

p, 654.

84 Stat. 1946,

TITLE VII GENERAL PROVISIONS

SEC. 701. (a) Except as provided in paragraph (2), the Commissioner of the District of Columbia is authorized and empowered, in his discretion, for the best interests of the District of Columbia, to sell and convey, in whole or in part, to the highest bidder, at public sale, for not less than the fair market value thereof, certain real estate now owned in fee simple by the United States of America comprised of approximately 143.15 acres of land, located in Prince Georges County in the State of Maryland, and more particularly described in the deeds conveying said land to the United States recorded on November 7, 1923, in liber 206, folio 384, and August 28, 1923, in liber 206, folio 17, in the land records of Prince Georges County, Maryland. (2) The Commissioner shall, before offering to sell such real estate at public sale, offer to sell and convey all of such real estate, for not less than the fair market value thereof, to the Prince Georges County government. Prince Georges County, Maryland. Only after such county government has had a reasonable time not to exceed six months to consider and accept or reject such offer (in whole or in part) may the Commissioner sell and convey such real estate or the remaining portion of such real estate, as the case may be, at public sale. (b) The Commissioner is further authorized to pay the reasonable and necessary expenses of the sale or sales of such land, and shall deposit the net proceeds of any such sales in the Treasury of the United States to the credit of the District of Columbia. SEC. 702. Any compensation received by an officer or employee of the District of Columbia government, the direct or indirect source of which is a grant from any Federal agency, department, or instrumentality shall, for the purposes of section 5533 of title 5 of the United States Code (relating to dual compensation) be held and considered to be compensation paid to such officer or employee from regularly appropriated funds.

Land d i s p o s i tion.

Dual compens tion.

80 Stat. 483; 8 4 Stat. 1195.

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SEC. 703. Along with, and in addition to, all other financial and budgetary information and data which the Commissioner of the District of Columbia is required annually to submit to the Office of Management and Budget by section 214 of the Budget and Account64 Stat. 833. j ^ g Act, 1921 (31 U.S.C. 22), the Commissioner shall prepare and submit to that Office a schedule showing an estimate of all funds which will be available to any agency, department, or instrumentality of the District of Columbia government, during the fiscal year for which such financial and budgetary information and data are submitted, from grants from any Federal agency, department, or instrumentality, or from any private source. Such schedule shall include such additional information as the Office of Management and Budget deems necessary and appropriate to fully indicate the purposes for which such grants will be made, the scope of the programs funded by such grants, and the relationship between the grant funded programs and the programs of such agency, department, or instrumentality funded by money appropriated directly to the District of ^^«f"""t t° Con- Columbia. Such schedule, and such additional information as the gress Office of Management and Budget may include, shall be transmitted to the Congress along with the annual budget request from the District of Columbia government. Rent auotments. gj,^ ^04. Section 16 of the District of Columbia Public Assistance 76 Stat. 917. j^gt of 1962 (D.C. Code, sec. 3-215) is amended by inserting " (a) " immediately after "SEC. 16.", and by adding at the end of the section the following: "(b)(1) If a recipient fails to make his regular rental payment for a period of ten days after the date such payment was due then the lessor of such recipient may send written notice of such failure to the Commissioner. Upon receipt of such notice the Commissioner, after appropriate notice to all interested parties and an opportunity for a hearing, may deduct from the monthly public assistance grant for such recipient for the next month following the notice to the Commissioner an amount equal to the monthly shelter allotment for such recipient. Such deducted amount shall be disposed of by the Commissioner according to the following provisions of this subsection. "(2) If it is determined that there is no legal basis for the recipient's failure to make such regular rental payment then the amount deducted and held by the Commissioner shall be paid to the lessor legally entitled to receive such payment. The Commissioner shall continue to deduct such amount from such grant for each month thereafter for so long as such recipient receives such grant, and to pay such amount directly to the lessor of such recipient. " (3) If it is determined that there is a legal basis for the recipient's failure to make such regular rental payment then the Commissioner shall pay to the lessor legally entitled to receive such payment such part of the amount deducted and held by him as is determined to be owed to the lessor. The Commissioner shall restore to the monthly public assistance grant for such recipient such shelter allotment for each month thereafter for so long as the recipient receives such grant and makes his regular rental payments. "(c)(1) If any lessor, receiving payments from the Commissioner under subsection (b) fails to maintain the premises of the recipient according to all applicable laws and regulations of the District of Columbia, then the recipient may send written notice alleging such failure to the Commissioner. Upon receipt of such notice the Commissioner, after appropriate notice to all interested parties and an opportunity for a hearing, may suspend such payments for such recipient for each month thereafter, and shall hold and dispose of such amount according to the following provisions of this subsection. "(2) If it is determined that there is no basis for such allegation

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by the recipient the Commissioner shall pay such amount to such lessor and continue to make such payments for such recipient. "(3) If it is determined that there is a basis for such allegation by the recipient the Commissioner shall pay to the lessor such part of the amount suspended as is determined to be owed to him. The Commissioner shall restore to the monthly public assistance grant for such recipient the monthly shelter allotment for each month thereafter for so long as the recipient receives such grant and makes his regular rental payments. If such recipient vacates the premises with respect to which such allegation was made, rents other premises in the District of Columbia, and the Commissioner determines on the basis of such allegation that such recipient was justified in vacating the premises with respect to which the allegation was made, the Commissioner may pay to the recipient an amount (not to exceed his monthly shelter allotment) to enable him to make the rental payment required (if any) for such other premises for the period preceding the period for which the recipient will first receive his monthly shelter allotment under the preceding sentence. " (d) The failure of any lessor to receive all or part of a monthly shelter allotment withheld from any recipient pursuant to subsection (b), or the suspension of rental payments under subsection (c), of this section shall not be cause for eviction of any recipient. " (e) For the purpose of any regulations of the Secretary of Health, Education, and Welfare, or of any other requirement of law, the total amount of assistance given to a recipient shall include that amount suspended and held, or paid by the Commissioner as authorized under subsections (b) and (c). Nothing in this section shall operate to deny to the District of Columbia any funds from any program of the Federal Government relating to public assistance which are paid to the District of Columbia on the basis of the funds appropriated directly to the District for programs administered under this Act. " (f) For purposes of subsections (b) and (c), the term 'lessor' includes a sublessor. " (g) The District of Columbia Council is authorized to issue such regulations as may be necessary to carry out the provisions of this section " SEC. 705. Section 6 of the District of Columbia Traffic Act, 1925 (43 Stat. 1119; D.C. Code, sec. 40-603) is amended by adding at the end thereof the following new subsection: " (k)(1) Any unattended motor vehicle found parked at any time upon any public highway of the District of Columbia against which there are two or more outstanding or otherwise unsettled traffic violation notices or against which there have been issued two or more warrants, may, by or under the direction of an officer or member of the Metropolitan Police force or the United States Park Police force, either by towing or otherwise, be removed or conveyed to and impounded in any place designated by the Commissioner, or immobilized in such manner as to prevent its operation, except that no such vehicle shall be immobilized by any means other than by the use of a device or other mechanism which will cause no damage to such vehicle unless it is moved while such device or mechanism is in place. "(2) I t shall be the duty of the officer or member of the police force removing or immobilizing such motor vehicle, or under whose directions such vehicle is removed or immobilized, to inform as soon as practicable the owner of an impounded or immobilized vehicle of the nature and circumstances of the prior unsettled traffic violation notices or warrants, for which or on account of which, such vehicle was impounded or immobilized. I n any case involving immobilization of a vehicle pursuant to this subsection, such member or officer shall cause to be placed on such vehicle, in a conspicuous manner, notice

"Lessor." Regulationsa

Motor vehicless, impoundment. 46 Stat. 1424; 63 Stat. 128.

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Welfare recipients, identification cardsa 76 Stat. 915.

Check distribution.

Penalty.

D.C. government personnel, limitation.

80 Stat. 964; 84 Stat. 1938.

Effective date.

84 Stat. 846. D.C, Code 1-102 note.

PUBLIC LAW 92-196-DEC. 15, 1971

[85 STAT.

sufficient to warn any individual to the effect that such vehicle has been immobilized and that any attempt to move such vehicle might result in damage to such vehicle. "(3) The owner of such impounded or immobilized motor vehicle, or other duly authorized person, shall be permitted to repossess or to secure the release of the vehicle upon the depositing of the collateral required for his appearance in the Superior Court of the District of Columbia to answer for each violation for which there is an outstanding or otherwise unsettled traffic violation notice or warrant." SEC. 706. (a) Section 7 of the District of Columbia Public Assistance Act of 1962 (D.C. Code, sec. 3-206) is amended by inserting " (a) " immediately after "SEC. 7." and by adding at the end of the section the following: " (b) After determining that a person is eligible to receive public assistance, the Commissioner shall issue to such person a public assistance identification card which shall be used hj such person, in obtaining any public assistance, as a means of identifying him as the proper recipient of such public assistance. The public assistance identification card shall contain the name, social security number, and account or case number of the recipient to whom such card was issued. "(c) The Commissioner may by regulation prescribe additional uses and requirements with respect to the issuance and use of the public assistance identification card as he deems necessary. Nothing in this section shall be construed to require recipients of public assistance to receive their monthly allotment checks in person at one central location. The Commissioner shall by regulation establish such means of distribution of such checks which, utilizing the public assistance identification card, will insure the least amount of fraud and loss of such checks without unduly burdening the recipients of such checks. " (d) Any person who sells a public assistance identification card, or otherwise permits any person other than the recipient to whom it was issued to use such card to obtain public assistance to which such user is not otherwise eligible to receive, shall be fined not more than $500, or imprisoned for not longer than one year, or both." (b) Section 17(a) of such Act (D.C. Code, sec. 3-216(a)) is amended by striking out the "or" at the end of clause (2) and inserting immediately after clause (3) the following: "or, (4) a public assistance identification card;" SEC. 707. During the fiscal year ending June 30, 1972, no person shall be appointed— (1) as a full-time employee to a permanent, authorized position in the government of the District of Columbia during any month when the number of such employees is greater than 39,619; or (2) as a temporary or part-time employee in the government of the District of Columbia during any month in which the number of such employees exceeds the number of such employees for the same month of the preceding fiscal year. SEC, 708. (a) Section 4(b) of the District of Columbia Minimum Wage Act (D.C. Code, sec. 36-404(b)) is amended— (1) by inserting "or" at the end of paragraph (4), (2) by striking out "; or" at the end of paragraph (5) and inserting in lieu thereof a period, and (3) by striking out paragraph (6). (b) The amendments made by subsection (a) of this section shall take effect January 1, 1972. SEC. 709. (a) The last sentence of subsection (b) of section 103 of title I of the Act of September 22j 1970 (relating to the Commission on the Government of the District of Columbia), is amended by

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STAT.]

659

inserting immediately before the period a comma and the following: "and such report shall be printed as a House document". (b) Subsection (b) of section 106 of title I of such Act is amended D^c.^code^^V-ioi to read as follows: note. * "(b) The Administrator of General Services shall provide financial and administrative support services for the Commission on a reimbursable basis. The head of any Federal agency or department, or agency of the District of Columbia, is authorized to provide for the Commission such other services as the Commission requests on such basis, reimbursable or otherwise, as may be agreed upon between the department or agency and the Chairman or Vice Chairman of the Commission. All such requests shall be made by or in the name of the Chairman or Vice Chairman of the Commission." TITLE VIII MISCELLANEOUS PROVISIONS

SEC. 801. If any provision of this Act, or the application thereof separability. to any person or circumstances, is held invalid, the remainder of the Act, and the application of such provision to other persons or circumstances, shall not be affected thereby. SEC. 802. Nothing in this Act, or any amendments made by this Act, shall be construed so as to affect the authority vested m the Commissioner of the District of Columbia or the authority vested in the District of Columbia Council by Reorganization Plan Numbered 3 of 1967. The performance of any function vested by this si Stat. 948. Act in the Commissioner of tljie District of Columbia or in any office ^^^ °^^* or agency under his jurisdiction and control, or in the District of Columbia Council, may be delegated by the Commissioner or by the Council, as the case may be, in accordance with the provisions of such plan. SEC. 803. (a) The repeal or amendment by this Act shall not affect any other provision of District law, or any act done or any right accrued or accruing under such law, or any suit or proceeding had or commenced in any civil cause before repeal or amendment of such law, but all rights and liabilities under such law shall continue, and may be enforced in the same manner and to the same extent, as if such repeal or amendment had not been made. (b) All offenses committed, and all penalties incurred, under any provision of law hereby repealed or amended, may be prosecuted and punished in the same manner and with the same effect as if this Act nad not been enacted. SEC. 804. Except as otherwise provided, the provisions of this Effective date. Act shall take effect upon the date of enactment of this Act. SEC. 805. In granting its consent to the Washington Metropolitan R«8*°n\i transit 1

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Area Iransit Authority Compact and enacting that compact for the costs. District of Columbia, Congress declared the policy that, to the extent that costs of the regional transit project are not covered by user charges, such costs shall be equitably shared among the Federal, District of Columbia, and participating local governments in the transit zone. In the National Capital Transportation Act of 1969, Congress, ^^c^^code^iin conformance with this policy, authorized the Commissioner of the 1441 note. ^ District of Columbia to contract with the Transit Authority to make annual capital contributions to provide the District of Columbia's share of the cost of the regional transit project. Pursuant to this authorization, the District of Columbia has entered into a Capital Contributions Agreement with the Transit Authority and the political 75-432 O - 72 - 44

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[85 STAT.

subdivisions in the transit zone to make the agreed upon annual contributions. I t is the purpose of this section to reaffirm the aforementioned policy established by Congress with respect to the regional transit project and the contractual obligation of the District of Columbia to provide its share of the cost of the regional transit project. Approved December 15, 1971.

Public Law 92-197 December 15, 1971 [H. R. 11652]

Veterans. Dependency and indemnity comp e n s a t i o n, increase. 83 Stat. 144.

AN ACT To amend title 38 of the United States Code to liberalize the provisions relating to payment of dependency and indemnity compensation.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 411 of title 38, United States Code, is amended to read as follows: " (a) Dependency and indemnity compensation shall be paid to a widow, based on the pay ^rade of her deceased husband, at monthly rates set forth in the following table: "Pay grade E-1 E-2 E-3 E-4 E^5 E-6 E-7 E-8 E-9 W-1 W-2 W-3

Monthly rate $184 189 195 208 212 217 227 240 ^251 232 241 249

"Pay grade W-4 0-1 0-2 0-3 0-4 0-5 0-6 0-7 0-8 0-9 O-IO

Monthly rate $262 232 240 257 272 299 337 365 399 429 M69

"1 If the veteran served as sergeant major of the Army, senior enlisted adviser of the Navy, chief master sergeant of the Air Force, or sergeant major of the Marine Corps, at the applicable time designated by section 402 of this title, the widow's rate shall be $270. "2 If the veteran served as Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, or Commandant of the Marine Corps, at the applicable time designated by section 402 of this title, the widow's rate shall be $503.

Children. 84 Stat. 256.

"^b) If there is a Avidow with one or more children below the age of eignteen of a deceased veteran, the dependency and indemnity compensation paid monthly to the widow shall be increased by $22 for each such child. "(c) The monthly rate of dependency and indemnity compensation payable to a widow shall be increased by $55 if she is (1) a patient in a nursing home or (2) helpless or blind, or so nearly helpless or blind as to need or require the regular aid and attendance of another person." SEC. 2. Section -113 of title 38, United States Code, is amended to read as follows: "Whenever there is no widow of a deceased veteran entitled to dependency and indemnity compensation, dependency and indemnity compensation shall be paid in equal shares to the children of the deceased veteran at the following monthly rates:

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"(1) One child, $92. "(2) Two children, $133. " (3) Three children, $172. "(4) More than three children, $172, plus $34 for each child in excess of three." SEC. 3. (a) Subsection (a) of section 414 of title 38. United States Code, is amended by striking out "$32" and inserting in lieu thereof "$55". (b) Subsection (b) of section 414 of such title is amended by striking out "$88" and inserting in lieu thereof "$92". (c^ Subsection ((j) of section 414 of such title is amended by striking out ''$45" and inserting in lieu thereof "$47". SEC. 4. (a) Subsection (b) of section 415 of title 38, United States Code, is amended to read as follows: "(b)(1) Except as provided in paragraph (2) of this subsection, if there is only one parent, dependency and indemnity compensation shall be paid to him according to the following formula: If annual income is $800 or less the monthly rate of dependency and indemnity compensation shall be $100. For each $1 of annual income in excess of $800 up to and including $1,200, the monthly rate shall be reduced 3 cents; for each $1 of annual income in excess of $1,200 up to and including $1,600, the monthly rate shall be reduced 4 cents; for each $1 of annual income in excess of $1,600 up to and including $1,900, the monthly rate shall be reduced 5 cents; for each $1 of annual income in excess of $1,900 up to and including $2,100, the monthly rate shall be reduced 6 cents; and for each $1 of annual income in excess of $2,100 up to and including $2,600, the monthly rate shall be reduced 7 cents. No dependency and indemnity compensation shall be paid if annual income exceeds $2,600, " (2) If there is only one parent and he has remarried and is living with his spouse, dependency and indemnity compensation shall be paid to him under either the formula of paragraph (1) of this subsection or under the formula in subsection (d), whichever is the greater. In such a case of remarriage the total combined annual income of the parent and his spouse shall be counted in determining the monthly rate of dependency and indemnity compensation under the appropriate formula." (b) Subsection (c) of such section 415 is amended to read as follows: " (c) Except as provided in subsection (d), if there are two parents, but they are not living together, dependencv and indemnity compensation shall be paid to each according to the following formula: If the annual income of each parent is $800 or less, the monthly rate of dependency and indemnity payable to each shall be $70. For each $1 of annual income in excess of $800 up to and including $1,100, the monthly rate shall be reduced 2 cents; for each $1 of annual income in excess of $1,100 up to and including $1,700, the monthly rate shall be reduced 3 cents; and for each $1 of annual income in excess of $1,700 up to and including $2,600, the monthly rate shall be reduced 4 cents. No dependency and indemnity compensation shall be paid to a parent whose annual income exceeds $2,600." (c) Subsection (d) of such section 415 is amended to read as follows: " (d) If there are two parents who are living together, or if a parent has remarried and is living with his spouse, dependency and indemnity compensation shall be paid to each such parent according to the following formula: If the total combined annual income is

661

84 Stat. 256.

One p a r e n t. 80 Stat. 1157; 84 Stat. 1582.

Infra.

Two p a r e n t s. 72 Stat. 1129; 84 Stat. 1582.

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[85 STAT.

$1,000 or less, the monthly rate of dependency and indemnity compensation payable to each parent shall be $67. For each $1 of annual income in excess of $1,000 up to and including $1,300, the monthly rate shall be reduced 1 cent; for each $1 of annual income in excess of $1,300 up to and including $3,400, the monthly rate shall be reduced •2 cents; and for each $1 of annual income in excess of $3,400 up to and including $3,800, the monthly rate shall be reduced 3 cents. No dependency and indemnity compensation shall be paid to either parent if the total combined annual income exceeds $3,800." 72 Stat. 1129; ((J) Subsection (g) of such section 415 is amended by redesignathig paragraph (2) as (3), and by inserting immediately after subparagraph (1)(M) the following new paragraph: ''(2) Where a fraction of a dollar is involved, annual income shall be fixed at the next lower dollar." b "nd^p^ent^ad(^) ^uch section 415 of title 38, United States Code, is further ditionai compen- amended by adding the following new subsection at the end thereof: ^^*^°"" (h) The monthly rate of dependency and indemnity compensation payable to a parent shall be increased by $55 if such parent is (1) a patient in a nursing home or (2) helpless or blind, or so nearly helpless or blind as to need or require the regular aid and attendance of another person." sJita^^aaV^^' ^^9- ^- Section 417 of title 38, United States Code, is amended by striking out subsection (a) thereof, and by striking out " (b) ". SEC. 6. Sections 321 and 341 of title 38, United States Code, are each amended by striking out " ( o r after April 30, 1957, under the circumstances described in section 417(a) of this title)". SEC. 7. Section 724 of title 38, United States Code, is amended by adding at the end thereof the following new subsection: "(c) I n any case in which insurance continued in force under this section matures on or after January 1, 1972, an amount equal to the amount of premiums, less dividends, waived on and after that date shall be placed as an indebtedness against the insurance and, unless otherwise paid, shall be deducted from the proceeds. I n such case, the liability o± the Government under subsection (b) of this section shall be reduced by the amount so deducted from the proceeds." • d ^mnu'^^com-^"'' ^^^' ^' ^^^ pcrsou who bcfore January 1, 1972, was not eligible for p"n*s'^t?on,'^e°iTdcpeudeucy and indemnity compensation under such title by reason gibiiity. of the provisions of the prior section 417(a) of title 38, United States Code, may elect, in such manner as the Administrator of Veterans' Affairs shall prescribej to receive dependency and indemnity compensation, and an election so made shall be final. A person receiving, or entitled to receive, death compensation on December 31,197lj shall continue to receive death compensation, if otherwise eligible, m the absence of an election to receive dependency and indemnity compensation. Death compenggc. 9. Subsection (b) of section 322 of title 38, United States Code, sation, increase.

83 Stat. 146; 84 Stat. 1583.

•

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i

• 11

IS amended to read a s f o l l o w s: «(b) The mouthly rate of death compensation payable to a widow or dependent parent under subsection (a) of this section shall be increased by $55 if the payee is (1) a patient in a nursing home or (2) helpless or blind, or so nearly helpless or blind as to need or require the regular aid and attendance of another person." Effective date. SEC. 10. This Act shall take effect on January 1, 1972. Approved December 15, 1971.

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