text:
Page:United States Statutes at Large Volume 86.djvu/598

 556

Jl^ll^\^\\^'' 15 USC 633.

Disaster relief legislation, Presi-

dentiai review. Report to Con^'^ '

PUBLIC LAW 92-385-AUG. 16, 1972

[86 STAT.

"(7) to make such loans (either directly or in cooperation with banks or other lending institutions through agreements to par. ticipate on an immediate or deferred basis) as the Administration may determine to be necessary or appropriate to assist, or to refinance the existing indebtedness of, any small business concern directly and seriously affected by the significant reduction of the scope or amount of Federal support for any project as a result of any international agreement limiting the development of strategic arms or the installation of strategic arms or strategic arms facilities, if the Administration determines that such concern is likely to suffer substantial economic injury without assistance under this paragraph.". (b) Section 4(c) of the Small Business Act (15 XT.S.(\ 683(c)) is amended— (1) by inserting " 7 (b)(7), " immediately after " 7 (b)(6), " in paragraph (1) thereof; and (2) by inserting " 7 (b)(5), 7 (b)(6), 7 (b)(7), " immediately after " 7 (b)(4), " in paragraph (2)(A) thereof. gj,^^ 3^ 'pj^^ President shall conduct a thorough review of existing ^.

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disaster relief legislation, and not later than January 1, 19(6, he shall transmit to the Congress a report containing specific legislative proposals for the comprehensive revision of such legislation in order to— (1) standardize the amount of benefits lavailable to persons affected by disasters so as to achieve fairness and consistency with preclude the need for separate legislation to aid persons affected by future disasters; (2) improve the execution of the Government's disaster relief program by eliminating unnecessary administrative procedures, J and reducing the number of agencies involved in disaster relief or increasing individual agency authority and responsibility; and (3) prevent the misuse of benefits made available under the program. educauo°naMns''t!-^ SEC. 4. (a) The Cougress hereby finds and declares that there has tutions. been substantial damage to educational institutions as a result of hurricane and tropical storm Agnes; that disaster relief for public educational institutions is adequately covered by legislation heretofore enacted; that nonprofit private educational institutions are not provided disaster relief benefits comparable to those provided to public educational institutions; that nonprofit private educational institutions have a secular educational mission; that students attending ...i?.:. V. nonprofit private educational institutions that have been damaged or destroyed will have to be provided for in public institutions if the former institutions are not restored; and that these facts compel enactment of special measures designed to provide nonprofit private educational institutions which were victims of this catastrophe with T h. itasr, -; disaster relief benefits comparable to those provided for public educational institutions. Damages^ft^m ^\y^ 'JQ ^^Q exteut such loss Or damage or destruction is not compenAgne'T, gran™. sated for by insurance or otherwisej the President may make grants to nonprofit private educational institutions in major disaster areas as designated by the President for the repair, restoration, reconstruction, or replacement of educational facilities, supplies, or equipment which have been lost, damaged, or destroyed as a result of hurricane and tropical storm Agnes, if such facilities, supplies, or equipment were ivgr >rfsi •:; owned on the date of such loss, damage, or destruction by an organization exempt from taxation under section 501(c), (d), or (e) of the s/st^t^^isss^^' Internal Revenue Code of 1954 and the facilities, supplies, or equip26 USC 501. ment were being used to carry out the purposes for which such organization was accorded that exemption; except that no grant may be
 * regard to the amount of benefits provided to such persons and to

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Page:United States Statutes at Large Volume 86.djvu/599

 86 STAT. ]

PUBLIC LAW 92-385-AUG. 16, 1972

made under this section for the rejjair, restoration, reconstruction, or replacement of any facility for which disaster relief assistance would not be authorized under Public Law 81-815, title VII of the Higher Education Act of 1965, or the Disaster Relief Act of 1970 if such facility were a public facility. (c) The amount of a ffrant made under this section shall not— '

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(1) exceed 100 per centum of the cost of— (A) repairing, restoring, reconstructing, or replacing any facility on the basis of the design of such facility as it existed immediately prior to the disaster referred to in subsection (b) and in conformity with applicable codes, specifications, and standards; and (B) repairing, restoring, or replacing equipment or supplies; as they existed immediately prior to such disaster; (2) in the case of any facility which was under construction when damaged or destroyed as a result of such disaster, exceed 50 per centum of the cost of restoring such facility substantially to its condition prior to such disaster, and of completing construction not performed prior to such disaster to the extent that the cost of completing construction is increased over the original construction cost due to changed conditions resulting from such disaster; (3) be used to pay any part of the cost of facilities, supplies, or equipment which are to be used primarily for sectarian purposes; or (4) be used to restore or rebuild any facility used or to be used primarily for religious worship; replace, restore, or repair any equipment or supplies used or to be used primarily for religious instruction, or restore or rebuild any facility or furnish any equipment or supplies which are used or to be used primarily in connection with any part of the program of a school or department of divinity. (d) For the purposes of this section— (1) the term "educational institution" means any elementary school (as defined by section 801(c) of the Elementary and Secondary Education Act of 1965), any secondary school (as defined by section 801(h) of the Elementary and Secondary Education Act of 1965), and any institution of higher education (as defined by Fection 1201(a) of the Higher Education Act of 1965); and (2) the term "school or department of divinity" means a school or department of divinity as defined by section 1201(1) of the ^ Higher Education Act of 1965. SEC. 5. Subtitle C of the Consolidated Farmers Home Administration Act of 1961, as amended (7 U.S.C. 1961-1967), is amended by adding at the end thereof the following new section: "SEC. 328. (a) Notwithstanding any other provision of law, in the administration of this subtitle and the rural housing loan program under section 502 of title V of the Housing Act of 1949, as amended (42 U.S.C. 1472), in the case of property loss or damage or injury resulting from a major disaster as determined by the President or a natural disaster as determined by the Secretary of Agriculture which occurred after June 30, 1971, and prior to July 1, 1973, the Secretary— "(1) to the extent such loss or damage or injury is not compensated for by insurance or otherwise, (A) shall cancel the principal of the loan, except that the total amount so canceled shall not exceed the greater of (i) 50 per centum of the original principal amount of such loan but not more than $5,000, or (ii) the per centum that would be canceled of a loan of the same size by the Small Business Administration under section 7(b) of the

557

72 Stat. S48. ^."^p.^ss. 84 Stat. 1744. ^^ "^^ '^^^^ note •

Definitions. ^9 Stat. 55; ^^2o*usc ssi. 82ltat*^\*042^^' 1050.^ ' 20 USC 1141. ^"^«' P- 260 • 75 Stat. 311; ^^ ^'^*' " ^ ^

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


text:
Page:United States Statutes at Large Volume 86.djvu/600

 558 Ante. p. 555.

84 Stat. 1754.

y^js^c'ige"'

7 USC 1983.

PUBLIC LAW 92^85-AUG. 16, 1972

[86 STAT.

Small Busliiess Act, as amended (15 U.S.C. B;^B(b)), and (B) may defer interest payments or principal payments, or both, in whole or in part, on any loan made under this section during the first three years of the term of the loan, except that any such deferred payments shall bear interest at a rate per annum bo be determined by the Secretary of the Treasury under section 234 of the Disaster Relief Act of 1970 (42 U.S.C. 4453), or that established by the Small Business Administration under section 7(b) of the Small Business Act, as amended (15 U.S.C. 636 (b)), whichever is lower: Provided, That no one borrower shall be eligible to receive more than one such cancellation for any single disaster. "(2) to the extent such loss or damage or injury is not com'•'• pensated for by insurance or otherwise, may grant any loan for repair, rehabilitation, or replacement of property damaged or destroyed, without regard to whether the required loan is otherwise available from private sources: Provided, That in the case of any loan for refinancing, either under clause (3) of this subsection or under section 322 of this subtitle, require the borrowers to demonstrate that they are unable to obtain sufficient credit elsewhere to finance their actual needs at reasonable rates and terms, taking into consideration prevailing private and cooperative rates and terms in the community in or near which the applicant resides for loans for similar purposes and periods of time, "(3) may, in the case of the total destruction or substantial property damage of homes or farm service buildings and related structures and equipment, refinance any mortgage or other lien outstanding against the destroyed or damaged property if such property is to be repaired, rehabilitated, or replaced, except that the amount refinanced shall not exceed the amount of the physical loss sustained. Any such refinancing shall be subject to the provisions of clauses (1) and (2) of this subsection. ''(4) shall require the recipient of any emergency loan made under this section to execute the agreement to refinance required by section 333(c) of this title: Provided, That any such loan shall be reviewed at not less than two-year intervals to determine if the agreement to refinance shall become applicable. "(b) Notwithstanding any other provision of law, the provisions of subsection (a) of this section shall also apply to the administration of the programs referred to in such subsection in the case of any property loss or damage or injury, including loss or damage to agricultural crops, resulting from flood or excessive prolonged rain, drought, or other natural disaster occurring after June 30, 1971, and prior to July 1, 1973, in any area determined by the President to be a major disaster area or in any area determined by the Secretary of Agriculture to have suffered a natural disaster during such period. "(c) Any loan made under this section shall not exceed the current cost of repairing or replacing the disaster loss or damage or injury in conformity with current codes and specifications. Any loan made under this section shall bear interest at a rate per annum to be determined by the Secretary of the Treasury under section 234 of the Disaster Relief Act of 1970 (42 U.S.C. 4453), or that established by the Small Business Administration under section 7(b) of the Small Business Act, as amended (15 U.S.C. 636(b)), whichever is lower. " (d) In the administration of any Federal disaster loan program under the authority of this section, the age of any adult loan applicant shall not be considered in determining whether such loan should be made or the amount of such loan. "(e) The benefits provided under this section shall be applicable to all loans qualifying hereunder, whether approved before or after the date of enactment of this section.

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Page:United States Statutes at Large Volume 86.djvu/601

 86 STAT.]

559

PUBLIC LAW 92-387-AUG. 16, 1972

"(f) The President shall conduct a thorough review of existing disaster relief legislation as it relates to emergency loans and housing loans administered by the Farmers Home Administration of the United States Department of Agriculture, and not later than January 31, 1973, he shall transmit to the Committee on Agriculture and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report containing specific legislative proposals for the comprehensive revision of such legislation in order to— "(1) adjust the benefits and the coverage available to persons affected by disasters; " (2) improve the execution of the program by simplifying and eliminating unnecessary administrative procedures; and "(3) prevent the misuse of benefits made available under the program.-' SEC. 6. Section 231 of the Disaster Relief Act of 1970 is amended by— (1) inserting'' (a) " after "SEC. 231."; and (2) adding at the end of such section the following new subsection: "(b) Loans to which this section applies may also be made for the purpose of providing small business concerns with working capital, the payment of operating expenses, and any purpose for which loans may be made under section 7(a) of the Small Business Act (15 U.S.C. 636(a))." Approved August 16, 1972.

D i s a s t e r relief legislation, Presidential review. Report to cong r e s s i o n a l committees.

84 Stat. 1752. 42 USC 4451.

72 Stat. 387; 81 Stat. 268.

Public Law 92-386 JOINT RESOLUTION To authorize the printing and binding of a revised edition of Senate Procedure and providing the same shall be subject to copyright by the author.

August 16, 1972 [S. J. R e s. 254]

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be printed dure ^"^*^ Proceand bound for the use of the Senate one thousand five hundred copies Revised edition, of a revised edition of Senate Procedure (originally prepared by p^i^ti^gCharles L. Watkins and Floyd M. Riddick), to be prepared by Floyd M. Riddick, Parliamentarian of the United States Senate, to be printed under the supervision of the author and to be distributed to the Members of the Senate. SEC. 2. That notwithstanding any provision of the copyright laws and regulations with respect to publications in the public domain, such revised edition of Senate Procedure shall be subject to copyright by the author thereof. Approved August 16, 1972. Public Law 92-387 AN ACT To amend the Federal Food, Drug, and Cosmetic Act to provide for a current listing of each drug manufactured, prepared, propagated, compounded, or processed by a registrant under that Act, and for other purposes.

August 16, 1972 [H. R. 9936]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, ^'•"g Listing SECTION 1. This Act may be cited as the J'Drug Listing Act of 1972". ^"^ °^ ^^'^'^• SEC. 2. The Federal Government which is responsible for regulating

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Page:United States Statutes at Large Volume 86.djvu/602

 560

PUBLIC LAW 92-387-AUG. 16, 1972

52 Stat. 1040. 21 USC 301.

76 Stat. 7 8 1. 59 Stat. 4 6 3. 21 USC 355, 357. Registration, drug list requirements. 76 Stat. 794. 52 Stat. 1050; 76 Stat. 790. 21 USC 352.

55 Stat. 82 Stat. 21 USC 360b. 65 Stat. 21 USC

851. 343. 356, 648. 353.

[86

STAT.

drugs has no ready means of determining what drugs are actually being manufactured or packed by establishments registered under the Federal Food, Drug, and Cosmetic Act except by periodic inspection of such registered establishments. Knowledge of which particular drugs are being manufactured or packed by each registered establishment would substantially assist in the enforcement o i Federal laws requiring that such drugs be pure, safe, effective, and properly labeled. Information on the discontinuance of a particular drug could serve to alleviate the burden of reviewing and implementing enforcement actions against drugs which, although commercially discontinued, remain active for regulatory purposes. Information on the type and number of different drugs being manufactured or packed by drug establishments could permit more effective and timely regulation by the agencies of the Federal Government responsible for regulating drugs, including identification of which drugs in interstate commerce are subject to section 505 or 507, or to other provisions of the Federal Food, Drug, and Cosmetic Act. SEC. 3. Section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360) is amended by adding at the end of the following new subsection: " (j)(1) Every person who registers with the Secretary under subsection (b), (c), or (d) shall, at the time of registration under any such subsection, file with the Secretary a list of all drugs (by established name (as defined in section 502(e)) and by any proprietary name) which are being manufactured, prepared, propagated, compounded, or processed by him for commercial distribution and which he has not included in any list of drugs filed by him with the Secretary under this paragraph or paragraph (2) before such time of registration. Such list shall be prepared in such form and manner as the Secretary may prescribe and shall be accompanied by— " (A) in the case of a drug contained in such list and subject to section 505, 506, 507, or 512, a reference to the authority for the marketing of such drug and a copy of all labeling for such drug; " (B) in the case of any other dru^ contained in such list— " (i) which is subject to section 503(b)(1), a copy of all labeling for such drug, a representative sampling of advertisements for such drug, and, upon request made by the Secretary for good cause, a copy of all advertisements for a particular drug product, or "(ii) which is not subject to section 503(b)(1), the label and package insert for such drug and a representative sampling of any other labeling for such drug; " (C) in the case of any drug contained in such list which is described in subpararaph (B), a quantitative listing of its active ingredient or ingredients, except that with respect to a particular drug product the Secretary may require the submission of a quantitative listing of all ingredients if he finds that such submission is necessary to carry out the purposes of this Act; and " (D) if the registrant filing the list has determined that a particular drug product contained in such list is not subject to section 7' 505, 506, 507, or 512, a brief statement of the basis upon which the registrant made such determination if the Secretary requests such a statement with respect to that particular drug product.

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PUBLIC LAW 92-387-AUG. 16, 1972

561

"(2) Each person who registers with the Secretary under this sec- Reports. tion shall report to the Secretary once during the month of June of each year and once during the month of December of each year the ,,,,,^,., following information: " (A) A list of each drug introduced by the registrant for commercial distribution which has not been included in any list pre,,,,^,. viously filed by him with the Secretary under this subparagraph or paragraph (1) of this subsection. A list under this subparagraph shall list a drug by its established name (as defined in section 502(e)) and by any proprietary name it may have and shall 52 Stat. loso; be accompanied by the other information required by paragraph ^%TvscVs2 " (B) If since the date the registrant last made a report under this paragraph (or if he has not made a report under this paragraph, since the effective date of this subsection) he has discontinued the manufacture, preparation, propagation, compounding, or processing for commercial distribution of a drug included in a list filed by him under subparagraph (A) or paragraph (1); notice of such discontinuance, the date of such discontinuance, and the identity (by established name (as defined in section 502 (e)) and by any proprietary name) of such drug. " (C) If since the date the registrant reported pursuant to subparagraph (B) a notice of discontinuance he has resumed the manufacture, preparation, propagation, compounding, or processing for commercial distribution of the drug with reSpect to which such notice of discontinuance was reported; notice of such resumption, the date of such resumption, the identity of such drug (by established name (as defined in section 502(e)) and by any proprietary name), and the other information required by paragraph (1), unless the registrant has previously • ^ --• reported such resumption to the Secretary pursuant to this subparagraph. " (D) Any material change in any information previously submitted pursuant to this paragraph or paragraph (1). "(3) The Secretary may also require each registrant under this sec- ,. ^'"^ product tion to submit a list of each drug product which (A) the registrant is list. manufacturing, preparing, propagating, compounding, or processing for commercial distribution, and (B) contains a particular ingredient. The Secretary may not require the submission of such a list unless he has made a finding that the submission of such a list is necessary to carry out the purposes of this Act." 76 Stat. 794. SEC. 4. (a) Section 510(e) of such Act is amended by adding at the 21 USC 360. end thereof the following: "The Secretary may also assign a listing number to each drug or class of drugs listed under subsection (j). Any Ante, p. 560. number assigned pursuant to the preceding sentence shall be the same as that assigned pursuant to the National Drug Code.". (b) Section 510(f) of such Act is amended by inserting before the period the following: "; except that any list submitted pursuant to paragraph (3) of subsection (j) and the information accompanying any list or notice filed under paragraph (1) or (2) of that subsection shall be exempt from such inspection unless the Secretary finds that such an exemption would be inconsistent with protection of the public health".

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Page:United States Statutes at Large Volume 86.djvu/604

 562 76 Stat. 794. 21 USC 360. Ante, p. 560.

76 Stat. 781.

76 Stat. 795.

Effective date.

PUBLIC LAW 92-388-AUG. 17, 1972

[86

STAT.

(c) The second sentence of section 510(i) of such Act is amended b j inserting "shall require such establishment to provide the information required by subsection (j) and" immediately before "shall include". (d) Clause (1) of the second sentence of section 505(e) of such Act (21 U.S.C. 355(e)) is amended by inserting "or to comply with the notice requirements of section 510(j)(2) " immediately after "subsection (j)". (e) Section 301(p) of such Act (21 •U.S.C. 331 (p)) is amended to read as follows: " (p) The failure to register in accordance with section 510, the failure to provide any information required by section 510(j), or the failure to provide a notice required by section 510(j)(2)." SEC. 5. The amendments made by this Act shall take effect on the first day of the sixth month beginning after the date of enactment of this Act. Approved August 16, 1972. Public Law 92-388

August 17, 1972 [H. R. 1462]

Puukohola Heiau National Historic Site, Hawaii. Establishment.

AN ACT To provide for the establishment of the Puukohola Heiau National Historic Site, in the State of Hawaii, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to restore and preserve in public ownership the historically significant temple associated with Kamehameha the Great, who founded the historic Kingdom of Hawaii, and the property of John Young who fought for Kamehameha the Great during the period of his ascendancy to power, the Secretary of the Interior is authorized to acquire, by donation or purchase with donated funds, such lands and interests in lands, together with structures and improvements thereon, not to exceed one hundred acres, in the vicinity of Kawaihae, Hawaii, as enerally depicted on a map entitled "Boundary Map, Proposed dated February 1970, which shall be on file and available for public inspection in the offices of the National P a r k Service, Washington, District of Columbia. The Secretary of the Interior may from time to time revise the boundaries of the proposed historic site, but the total acreage of the site shall not exceed one hundred acres. SEC. 2. The Secretary of the Interior shall establish the area as the "Puukohola Heiau National Historic Site" at such time as he deems sufficient interests in lands have been acquired to constitute an administrable unit. Pending and after establishment, the Puukohola Heiau National Historic Site shall be administered, developed, preserved, and maintained in accordance with the provisions of the Act entitled "An Act to establish a National Park Service, and for other purposes", approved August 25, 1916 (39 Stat. 535), as amended and supplemented (16 U.S.C. 1 et seq.), and the Act entitled "An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes", approved August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.). SEC. 3. Notwithstanding the acreage limitation contained in section 1 of this Act, the Secretary of the Interior is authorized to acquire by donation, purchase, or exchange, such additional lands and interests therein outside the boundary of the site as he deems necessary to relocate portions of State and county roads which are currently within
 * uukohola Heiau National Historic Site," numbered N H S - P K 20,002,

f Limitation.

Land acquisition.

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 86 STAT.]

PUBLIC LAW 92-391-AUG. 19, 1972

the boundary of the site, and he may construct roadways on the lands so acquired and convey the same, subject to such terms and conditions as he deems necessary, to the State of Hawaii or its appropriate political subdivision. Any relocation of State and county roads shall be undertaken in accordance with an ag^reement between the Secretary and the State or county concerned, which shall provide, among other thina:s, for the continued maintenance of the relocated portions of road by such State or county. SEC. 4. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act not to exceed, however, $1,040,600 (May 1971 prices) for development, plus or minus .such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indexes appli<^able to the types of construction involved herein. Approved August 17, 1972.

5ei3

Appropriation.

Public Law 92-389 AN ACT To ameud section 0(b) of the Revised Organic Act of the Virgin Islands relating to qnalittcations ueces.sary for election as a member of the legislature. Be It enacted by the Senate and House of Rept'esentatlve^ of the United States of Atnerlca in Congress assembled. That subsection (b) of section 6 of the Revised Organic Act of the Virgin Islands is amended by deleting ''twenty-five" and inserting in lieu thereof "twenty-one". Approved August 17, 1972.

August 17, 1972 [H. R. 9545]

Virgin Islands legislature. 68 Stat. 499. 48 USC 1572.

Public Law 92-390 JOINT RESOLUTION Making further continuing appropriations for the fiscal year 1073, and for other purposes. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That clause (c) of section 102 of the joint resolution of July 1, 1972 (Public Law 92-334), is hereby amended by striking out "August 18, 1972" and inserting in lieu thereof "September 30, 1972 or the sine die adjournment of the second session of the Ninety-second Congress". Approved August 18, 1972.

August 18, 1972 [H. J. R e s. 1278]

Continuing appropriations, 1973. Ante, p. 404.

Public Law 92-391 JOINT RESOLUTION To suspend until March 1, 1973, the effectiveness of certain amendments made by the Education Amendments of 1972 to the Guaranteed Student Loan Program.

August 19, 1972 [S. J. R e s. 260]

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the effectiveness of student loan the amendments made by sections 132A, 132Bj 132C, 132D, 132E, and ^'EffTc'ti'veness of 132F of the Education Amendments of 1972 is hereby suspended for amendments, the period beginning with the date of enactment of this joint resolu- ^^^nie, p. 261. tion and ending March 1, 1973, and the provisions of part B of title

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Page:United States Statutes at Large Volume 86.djvu/606

 564

PUBLIC LAW 92-392-AUG. 19, 1972

20 USC 1071.

Ante,

p. 264.

84 Stat. 169; Ante, p. 326. 20 USC 1232. Ante, p. 280.

[86

STAT.

IV of the Higher Education Act of 1965, as in effect immediately prior to the enactment of such amendments, shall be effective during such period, except that (1) nothing in this joint resolution shall be dfeemed to affect the validity of any action taken or obligation undertaken under suoli part prior to the enactment of this joint resolution, and (2) section 438(b) of the Higher Education Act of 1965 shall continue to be in effect during such period. Section 431(b) of the General Education Provisions Act and section 495 of the Higher Education Act of 1965 shall not be applicable in the case of administrative action taken to effectuate this joint resolution. Approved August 19, 1972. Public Law 92-392

August 19, 1972 [H. R. 9092]

Federal wage board e m p l o y e e s. 80 Stat. 4 7 1; 81 Stat. 6 4 1. 5 USC 5341.

AN ACT To provide an equitable system for fixing and adjusting the rates of pay for prevailing rate employees of the Government, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) subchapter IV of chapter 53 of title 5, United States Code, is amended to read as follows: "SUBCHAPTER IV—PREVAILING RATE SYSTEMS " I t is the policy of Congress that rates of pay of prevailing rate employees be fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates and be based on principles that— "(1) there will be equal pay for substantially equal work for all prevailing rate employees who are working under similar conditions of employment in all agencies within the same local wage area; " (2) there will be relative differences in pay within a local wage area when there are substantial or recognizable differences in \,,^ duties, responsibilities, and qualification requirements among positions; "(3) the level of rates of pay will be maintained in line with prevailing levels for comparable work within a local wage area;, and " (4) the level of rates of pay will be maintained so as to attract and retain qualified prevailing rate employees. "§5342. Definitions; application " (a) For the purpose of this subchapter— " (1) 'agency'^means an Executive agency; but does not include— " (A) a Government controlled corporation; ,.,,. " (B) the Tennessee Valley Authority; .-• * " (C) the Alaska Railroad; " (D) the Virgin Islands Corporation;
 * § 5341. Policy

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 86 STAT. ]

PUBLIC LAW 92-392-AUG. 19, 1972

56-5

" f E) the Atomic Energy Commission; " fF) the Central Intelligence Agency; " (G) the Panama Canal Company; " (H) the National Security Agency, Department of Defense; or " (I) the Bureau of Engraving and Printing, except for the purposes of section 5349 of this title; Post, p. 572. "(2) 'prevailing rate employee'means— " (A) an individual employed in or under an agency in a recognized trade or craft, or other skilled mechanical craft, or in an unskilled, semiskilled, or skilled manual labor occu• "„, /, pation, and any other individual, including a foreman and a .s-1, -. > " supervisor, in a position having trade, craft, or laboring experience and knowledge as the paramount requirement; " (B) an employee of a nonappropriated fund instrumentality described by section 2105(c) of this title who is 1°^^^^^:,^°^' employed in a recognized trade or craft, or other skilled 5 USC 2105. mechanical craft, or in an unskilled, semiskilled, or skilled c' manual labor occupation, and any other individual, including a foreman and a supervisor, in a position having trade, craft, or laboring experience and knowledge as the paramount requirement; and " (C) an employee of the Veterans' Canteen Service, Veterans' Administration, excepted from chapter 51 of this title by section 5102(c) (14) of this title who is employed in f°,^*^*;,'*^,^a recognized trade or craft, or other skilled mechanical craft, 5 u"""5101. " s e ' "' ^ or in an unskilled, semiskilled, or skilled manual labor occupation, and any other individual^ including a foreman and a supervisor, in a position having trade, craft, or labor experience and knowledge as the paramount requirement; and "(3) 'position' means the work, consisting of duties and responsibilities, assignable to a prevailing rate employee. " (b)(1) Except as provided by paragraphs (2) and (3) of this subsection, this subchapter applies to all prevailing rate employees and positions in or under an agency. "(2) This subchapter does not apply to employees and positions described by section 5102(c) of this title other than by— " (A) paragraph (7) of that section to the extent that such paragraph (7) applies to employees and positions other than employees and positions of the Bureau of Engraving and Printing; and " (B) paragraph (14) of that section. " (3) This subchapter, except section 5348, does not apply to officers Post, p. 572. and members of crews of vessels excepted from chapter 51 of this title by section 5102(c)(8) of this title. "(c) Each prevailing rate employee employed within any of the requlremen't!^ several States or the District of Columbia shall be a United States

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 566

PUBLIC LAW 92-392-AUG. 19, 1972

8o^s ^^^s'a?^"*' 8o*Stat. 838.

Ante, p. 564.

' •'-.*^^"^ ,,;:; J:,.,,;

[86 STAT.

citizen or a bona fide resident of one of the several States or the District of Columbia unless the Secretary of Labor certifies that no United States citizen or bona fide resident of one of the several States or the District of Columbia is available to fill the particular position. "§5343. Prevailing rate determinations; wage schedules; night differentials ''(a) The pay of prevailing rate employees shall be fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates. Subject to section 213(f) ^^ ^^^^^ ^^' ^^^ rates may not be less than the appropriate rates provided by section 206(a)(1) of title 29. To carry out this subsection— '•* (1) the Civil Service Commission shall define, as appropriate— " (A) with respect to prevailing rate employees other than prevailing rate employees under paragraphs (B) and (C) ^f section 5342(a)(2) of this title, the boundaries of— "(i) individual local wage areas for prevailing rate employees having regular wage schedules and rates; and "(ii) wage areas for prevailing rate employees having special wage schedules and rates; " (B) with respect to prevailing rate employees under paragraphs (B) and (C) of section 5342(a)(2) of this title, the boundaries of—• " (i) individual local wage areas for prevailing rate employees under such paragraphs having regular wage schedules and rates (but such boundaries shall not extend beyond the immediate locality in which the particular prevailing rate employees are employed); and "(ii) wage areas for prevailing rate employees under such paragraphs having special wage schedules and rates; " (2) the Civil Service Commission shall (lesignate a lead agency for each wage area; "(3) subject to paragraph (5) of this subsection, and subsections (c)(l) - (3) and (d) of this section, a lead agency shall conduct wage surveys, analyze wage survey data, and develop and establish appropriate wage schedules and rates for prevailing rate employees; " (4) the head of each agency having prevailing rate employees in a wage area shall apply, to the prevailing rate employees of that agency in that area, the wage schedules and rates established by the lead agency, or by the Civil Service Commission, as appropriate, for prevailing rate employees in that area; and "(5) the Civil Service Commission shall establish wage sched^QQ and rates for prevailing rate employees who are United States citizens employed in any area which is outside the several States, the District of Columbia, the Commonwealth of Puerto , Rico, the Canal Zone, the territories and possessions of the United States, and the Trust Territory of the Pacific Islands.

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Page:United States Statutes at Large Volume 86.djvu/609

 86 STAT. ]

PUBLIC LAW 92.392-AUG. 19, 1972

" (b) The Civil Service Commission shall schedule full-scale wage surveys every 2 years and shall schedule interim surveys to be conducted between each 2 consecutive full-scale wage surveys. The Commission may schedule more frequent surveys when conditions so suggest. "(c) The Civil Service Commission, by regulation, shall prescribe practices and procedures for conducting wage surveys, analyzing wage survey data, developing and establishing wage schedules and rates, and administering the prevailing rate system. The regulations shall provide— "(1) that, subject to subsection (d) of this section, wages surveyed be those paid by private employers in the wage area for similar work performed by regular full-time employees, except that, for prevailing rate employees under paragraphs (B) and (C) of section 5342(a)(2) of this title, the wages surveyed ^hall be those paid by private employers to full-time employees in a representative number of retail, wholesale, service, and recreational establishments similar to those in which such prevailing rate employees are employed; "(2) for participation at all levels by representatives of organizations accorded recognition as the representatives of prevailing rate employees in every phase of providing an equitable system for fixing and adjusting the rates of pay for prevailing rate employees, including the planning of the surveys, the drafting of specifications, the selection of data collectors, the collection and the analysis of the data, and the submission of recommendations to the head of the lead agency for wage schedules and rates and for special wage schedules and rates where appropriate; "(3) for requirements for the accomplishment of wage surveys and for the development of wage schedules and rates for prevailing rate employees, including, but not limited to— " (A) nonsupervisory and supervisory prevailing rate employees paid under regular wage schedules and rates; " (B) nonsupervisory and supervisory prevailing rate employees paid under special wage schedules and rates; and " (C) nonsupervisory and supervisory prevailing rate employees described under paragraphs (B) and (C) of section 5342(a)(2) of this title; "(4) for proper differentials, as determined by the Commission, for duty involving unusually severe working conditions or unusually severe hazards; "(5) rules governing the administration of pay for individual employees on appointment, transfer, promotion, demotion, and other similar changes in employment status; and "(6) for a continuing program of maintenance and improvement designed to keep the prevailing rate system fully abreast of changing conditions, practices, and techniques both in and out of the Government of the United States. " (d)(1) A lead agency, in making a wage survey, shall determine whether there exists in the local wage area a number of comparable positions in private industry sufficient to establish wage schedules and rates for the principal types of positions for which the survey is

82-081 O - 73 - 39

567

Regulations,

^"'e- P- 564.

'

• '•

' "

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text:
Page:United States Statutes at Large Volume 86.djvu/610

 568

step increases.

Automatic advancement.

Benefits, preservation.

Shift differentials.

PUBLIC LAW 92-392-AUG. 19, 1972

[86 STAT.

made. The determination shall be in writing and shall take into consideration all relevant evidence, including evidence subniitted byemployee organizations recognized as representative of prevailing rate employees in that area. "(2) When a lead agency determines that there is a number of comparable positions in private industry insufficient to establish the wage schedules and rates, such agency shall establish those schedules and rates on the basis of— " (A) local private industry rates; and " (B) rates paid for comparable positions in private industry in the nearest wage area that such agency determines is most similar in the nature of its population, employment, manpower, and industry to the local wage area for which the wage survey is being made. "(e)(1) Each grade of a regular wage schedule for nonsupervisor prevailing rate employees shall have 5 steps with— " (A) the first step at 96 percent of the prevailing rate; " (B) the second step at 100 percent of the prevailing rate; " (C) the third step at 104 percent of the prevailing rate; " (D) the fourth step at 108 percent of the prevailing rate; and " (E) the fifth step at 112 percent of the prevailing rate. "(2) A prevailing rate employee under a regular wage schedule who has a work performance rating of satisfactory or better, as determined by the head of the agency, shall advance automatically to the next higher step within the grade at the beginning of the first applicable pay period following his completion of— " (A) 26 calendar weeks of service in step 1; " (B) 78 calendar weeks of service in step 2; and " (C) 104 calendar weeks of service in each of steps 3 and 4. "(3) Under regulations prescribed by the Civil Service Commission, the benefits of successive step increases shall be preserved for prevailing rate employees under a regular wage schedule whose continuous service is interrupted in the public interest by service with the armed forces or by service in essential non-Government civilian employment during a period of war or national emergency. " C4) Supervisory wage schedules and special wage schedules authorized under subsection (c)(3) of this section may have single or multiple rates or steps according to prevailing practices in the industry on which the schedule is based. " (f) A prevailing rate employee is entitled to pay at his scheduled rate plus a night differential— " (1) amounting to 7i/^ percent of that scheduled rate for regularly scheduled nonovertime work a majority of the hours of which occur between 3 p.m. and midnight; and "(2) amounting to 10 percent of that scheduled rate for regularly scheduled nonovertime work a majority of the hours of which occur between 11 p.m. and 8 a.m. A night differential under this subsection is a part of basic pay. "§ 5344. Effective date of wage increase; retroactive pay " (a) Each increase in rates of basic pay granted, pursuant to a wage survey, to prevailing rate employees is effex?tive not later than the first day of the first pay period which begins on or after the 45th day.

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Page:United States Statutes at Large Volume 86.djvu/611

 86

STAT.]

PUBLIC LAW 92-392-AUG. 19, 1972

excluding Saturdays and Sundays, following the date the wage survey is ordered to be made. " (b) Ketroactive pay is payable by reason of an increase in rates of basic pay referred to in subsection (a) of this section only when— "(1) the individual is in the service of the Government of the United States, including service in the armed forces, or the government of the District of Columbia on the date of the issuance of the order granting the increase; or " (2) the individual retired or died during the period beginning on the effective date of the increase and ending on the date of issuance of the order granting the increase, and only for services performed during that period. For the purpose of this subsection, service in the armed forces includes the period provided by statute for the mandatory restoration of the individual to a position in or under the Government of the United States or the government of the District of Columbia after he is relieved from training and service in the armed forces or discharged from hospitalization following that training and service. '^§ 5345. Retained rate of pay on reduction in grade or reassignment " (a) Under regulations prescribed by the Civil Service Commission, and subject to the limitation in subsection (b) of this section, a prevailing rate employee— "(1) who is reduced in grade or reassigned to a wage schedule position having an established maximum scheduled rate of pay which is less than the employee's then existing scheduled rate of " (2) who holds a career or a career-conditional appointment in the competitive service, or an appointment of equivalent tenure in the excepted service; "(3) whose reduction in grade or reassignment is not (A) caused by a demotion for personal cause, (B) at his request, (C) effected in a reduction in force due to lack of funds or curtailment of work, or (D) with respect to a temporary promotion, a condition of the temporary promotion to a higher grade; " (4) who, for 2 continuous years immediately before the reduction in grade or reassignment, served (A) in the same agency and (B) in a grade or grades higher than the grade to which demoted; and " (5) whose work performance during the 2-year period is satisfactory or better; is entitled to basic pay at the scheduled rate to which he was entitled immediately before the reduction in grade or reassignment (including each increase in scheduled rate of pay granted pursuant to a wage survey) for a period of 2 years from the effective date of the reduction in grade or reassignment, so long as he— " (A) continues in the same agency without a break in service of one workday or more; " (B) is not entitled to a higher scheduled rate of pay by operation of this subchapter; and " (C) is not demoted or reassigned (i) for personal cause, (ii) at his request, or (iii) in a reduction in force due to a lack of funds or curtailment of work. ^'(b) The scheduled rate of pay to which a prevailing rate employee is entitled under subsection (a) of this section with respect to each reduction in grade or reassignment to which that subsection applies may not exceed the sum of— "(1) the minimum scheduled rate of the grade to which he is reduced or reassigned under each reduction in grade or reassignment to which that subsection applies (including each increase

569

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Page:United States Statutes at Large Volume 86.djvu/612

 570

Regulations.

Review.

PUBLIC LAW 92.392-AUG. 19, 1972

[86 STAT.

in scheduled rate of pay granted pursuant to a wage survey); and "(2) the difference between his scheduled rate immediately before the first reduction in grade or reassignment to which that subsection applies (including each increase in scheduled rate of pay granted pursuant to a wage survey) and the minimum scheduled rate of that grade which is three grades lower than the grade from which he was reduced or reassigned under the first of the reductions in grade or reassignment (including each increase in the scheduled rate of pay granted pursuant to a wage survey). "(c) Under regulations prescribed by the Commission, a prevailing rate employee who is reduced in grade or reassigned to a wage schedule position from another local wage area, or from another wage schedule, or from a position not subject to this subchapter, is entitled to a retained scheduled rate of pay. «((j) ^ h g Commission may prescribe regulations governing the retention of the scheduled rate of pay of an employee who together with his position is brought under this subchapter. If an employee so entitled to a retained rate under these regulations is later demoted to a position under this subchapter, his scheduled rate of pay is determined under subsections (a) and (b) of this section. For the purpose of those subsections, service in the position which was brought under this subchapter is deemed service under this subchapter. "§ 5346. Job grading system " (a) The Civil Service Commission, after consulting with the agencies and with employee organizations, shall establish and maintain a job grading system for positions to which this subchapter applies. I n carrying out this subsection, the Commission shall— " (1) establish the basic occupational alinement and grade structure or structures for the job grading system; " (2) establish and define individual occupations and the boundaries of each occupation; " (3) establish job titles within occupations; "(4) develop and publish job grading standards; and "(5) provide a method to assure consistency in the application of job standards. "(b) The Commission, from time to time, shall review such numbers of positions in each agency as will enable the Commission to determine whether the agency is placing positions in occupations and grades in conformance with or consistently with published job standards. When the Commission finds that a position is not placed in its proper occupation and grade in conformance with published standards or that a position for which there is no published standard is not placed in the occupation and grade consistently with published standards, it shall, after consultation with appropriate officials of the agency concerned, place the position in its appropriate occupation and grade and shall certify this action to the agency. The agency shall act in accordance with the certificate, and the certificate is binding on all administrative, certifying, payroll, disbursing, and accounting officials. "(c) On application, made in accordance with regulations prescribed by the Commission, by a prevailing rate employee for the review of the action of an employing agency in placing his position in an occupation and grade for pay purposes, the Commission shall— "(1) ascertain currently the facts as to the duties, responsibilities, and qualification requirements of the position; " (2) decide whether the position has been placed in the proper occupation and grade; and "(3) approve, disapprove, or modify, in accordance with its decision, the action of the employing agency in placing the position in an occupation and grade.

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Page:United States Statutes at Large Volume 86.djvu/613

 86 STAT. ]

PUBLIC LAW 92-392-AUG. 19, 1972

The Commission shall certify to the agency concerned its action under paragraph (3) of this subsection. The agency shall act in accordance with the certificate, and the certificate is binding on all administrative, certifying, payroll, disbursing, and accounting officials. "§ 5347. Federal Prevailing Rate Advisory Committee " (a) There is established a Federal Prevailing Kate Advisorv Committee c o m p o s e d of—

571

Establishment; membership.

"(1) the Chairman, who shall not hold any other office or position in the Government of the United States or the government of the District of Columbia, and who shall be appointed by the Chairman of the Civil Service Commission for a 4-year term; "(2) one member from the Office of the Secretary of Defense, designated by the Secretary of Defense; "(3) two members from the military departments, designated by the Chairman of the Civil Service Commission; "(4) one member, designated by the Chairman of the Civil Service Commission from time to time from an agency (other than the Department of Defense, a military department, and the Civil Service Commission); "(5) an employee of the Civil Service Commission, designated by the Chairman of the Civil Service Commission; and "(6) five members, designated by the Chairman of the Civil Service Commission, from among the employee organizations representing, under exclusive recognition of the Government of the United States, the largest numbers of prevailing rate employees. " (b) I n designating members from among employee organizations under subsection (a)(6) of this section, the Chairman of the Civil Service Commission shall designate, as nearly as practicable, a number of members from a particular employee organization in the same proportion to the total number of employee representatives appointed to the Committee under subsection (a)(6) of this section as the number of prevailing rate employees represented by such organization is to the total number of prevailing rate employees. However, there shall not be more than two members from any one employee organization nor more than four members from a single council, federation, alliance, ' ' association, or affiliation of employee organizations. "(c) Every 2 years the Chairman of the Civil Service Commission shall review employee organization representation to determine adequate or proportional representation under the guidelines of subsection (b) of this section. " (d) The members from the employee organizations serve at the pleasure of the Chairman of the Civil Service Commission. "(e) The Committee shall study the prevailing rate system and Duties. other matters pertinent to the establishment of prevailing rates under this subchapter and, from time to time, advise the Civil Service Commission thereon. Conclusions and recommendations of the Committee shall be formulated by majority vote. The Chairman of the Committee may vote only to break a tie vote of the Committee. The p^^g?j°gj^j*° Committee shall make an annual report to the Commission and the muta'i T^con-"^' President for transmittal to Congress, including recommendations g^ess. and other matters considered appropriate. Any member of the Committee may include in the annual report recommendations and other matters he considers appropriate. "(f) The Committee shall meet at the call of the Chairman. How- Meetings. ever, a special meeting shall be called by the Chairman if 5 members make a written request to the Chairnian to call a special meeting to consider matters within the purview of the Committee. " (g) Members of the Committee described in paragraphs (2) - (5) compensation. of subsection (a) of this section serve without additional pay. The

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Page:United States Statutes at Large Volume 86.djvu/614

 572

PUBLIC LAW 92-392-AUG. 19, 1972

[86 STAT.

80 Stat. 444.

Chairman is entitled to a rate of pay equal to the maximum rate currently paid, from time to time, under the General Schedule. Members who represent employee organizations are not entitled to pay from the Government of the United States for services rendered to the Committee, "(^^) '^^^ Civil Service Commission shall provide such clerical and professioual persouuel as the Chairman of the Committee considers appropriate and necessary to carry out its functions under this subchapter. Such personnel shall be responsible to the Chairman of the Committee. "§5348. Crews of vessels "(a) Except as provided by subsections (b) and (c) of this section, the pay of officers and members of crews of vessels excepted from chapter 51 of this title by section 5102(c)(8) of this title shall be fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates and practices in the maritime industry. "(b) Vessel employees of the Panama Canal Company may be paid in accordance with the wage practices of the maritime industry. "(c) Vessel employees in an area where inadequate maritime industry practice exists and vessel employees of the Corps of Engineers shall have their pay fixed and adjusted under the provisions of this subchapter other than this section, as appropriate. "§ 5349. Prevailing rate employees; legislative, judicial, Bureau of Engraving and Printing, and government of the District of Columbia " (a) The pay of employees, described under section 5102(c)(7) of this title, in the Admmistrative Office of the United States Courts, the Library of Congress, the Botanic Garden, the Government Printing Office, the Office of the Architect of the Capitol, the Bureau of Engraving and Printing, and the government of the District of Columbia, shall be fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates and in accordance with such provisions of this subchapter, including ^Y\Q provisions of section 5344, relating to retroactive pay, and section 5345, relating to retention of pay, as the pay-fixing authority of each ^^^^^ agency may determine. Subject to section 213(f) of title 29, the rates may not be less than the appropriate rates provided for by section 206(a)(1) of title 29. If the pay-fixing authority concerned determines that the provisions of section 5345 of this title should apply to any employee under his jurisdiction, then the employee concerned shall be deemed to have satisfied the requirements of paragraph (2) of section 5345(a) of this title if the tenure of his appointment is substantially equivalent to the tenure of any appointment referred to in such paragraph. "(b) Subsection (a) of this section does not modify or otherwise affect section 5102(d) of this title, section 305 of title 44, and section

82 Stat. 1240,

^ nn

5 USC 5332 note.

pro/esiloiar*^ personnel.

so Stat. 443.

Ante, p. 568, 8o'stat?83V^' 80 Stat. 838.

•3 •

i! i"i1

01 55

84 Stat. 693. 180 of title 31.". 58 Stat. 648. (b) The aualysis of subchapter IV of chapter 53 of title 5, United %. States Code, is amended to read as follows: "SUBCHAPTER IV—PREVAILING RATE SYSTEMS . ^riio,'^

"5341. ".5342. "5843. '•5344. "5345. "5346.

Policy. Definitions; application. Prevailing rate determinations; wage schedules; night differentials. Effective date of wage increase; retroactive pay. Retained rate of pay on reduction in grade or reassignment. Job grading system.

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Page:United States Statutes at Large Volume 86.djvu/615

 86 STAT. ]

PUBLIC LAW 92-392-AUG. 19, 1972

"5347. Federal Prevailing Rate Advisory Committee. "i5348. Crews of vessels. "5349. Prevailing rate employees; legislative, judicial, Bureau of Engraving and Printing, and government of the District of Columbia.".

573

.

SEC. 2. Section 2105(c)(1) of title 5, United States Code, is amended 80 Stat. 409. Ante, p 564. by inserting "(other than subchapter IV of chapter 53 and sections Post, p. 574. 5550 and 7154 of this title) " immediately following "laws". ^^ ^_ 523; 80 Stat. ^^ SEC. 3. Section 5337 of title 5, United States Code, is amended— 8i"statr 208^! (1) by striking out the words "to which this section applies" ^o Stat. 47o. wherever they appear in subsection (b) and inserting "to which that subsection applies" in place thereof; and (2) by adding at the end thereof: "(c) Under regulations prescribed by the Civil Service Commission consistent with the provisions of subsections (a) and (b) of this section, an employee who is reduced to a grade of the General Schedule ^^^^^^ ^^^^ from a position to which this subchapter does not apply is entitled to a retained scheduled rate of pay.". SEC. 4. Section 5541(2) (xi) of title 5, United States Code, is so Stat. 485. amended to read as follows: " (xi) an employee whose pay is fixed and adjusted from time to time in accordance with prevailing rates under subchapter IV of chapter 53 of this title, or by a wage board or similar administrative authority serving the same purpose, except as provided by section 5544 of this title;". SEC. 5. The first sentence of section 5544(a) of title 5, United States siesta!?MK^' Code, is amended to read as follows: "An employee whose pay is fixed and adjusted from time to time in accordance with prevailing rates under section 5343 or 5349 of this title, or by a wage board or similar c/"'®' ^^' ^^^' administrative authority serving the same purpose, is entitled to overtime pay for overtime work in excess of 8 hours a day or 40 hours a week.". SEC. 6. Subsection (a)(1) of section 6101 of title 5, United States Code, is amended to read as follows: ® ^*°*' ^°^* ^ " (a)(1) For the purpose of this subsection, 'employee' includes an "Employee." employee of the government of the District of Columbia and an employee whose pay is fixed and adjusted from time to time under section 5343 or 5349 of this title, or by a wage board or similar administrative authority serving the same purpose, but does not include an employee or individual excluded from the definition of employee in section 5541(2) of this title, except as specifically provided under this paragraph.". SEC. 7. (a) Section 6102 of title 5, United States Code, is repealed. f^l\ll\ 515. (b) The analysis of chapter 61 of title 5, United States Code, is amended by striking out— "6102. Eight-hour day; 40-hour workweek; wage-board employees.".

SEC. 8. Section 7154(b) of title 5, United States Code, is amended by striking out "subchapter III of chapter 53" and inserting "subchapters III and IV of chapter 53" in place thereof. SEC. 9. (a)(1) Except as provided by this subsection, an employee's initial rate of pay on conversion to a wage schedule established pursuant to the amendments made by this Act shall be determined under conversion rules prescribed by the Civil Service Commission. Service by an employee in a grade of a wage schedule performed before the effective date of the conversion of the employee to a wage schedule established pursuant to the amendments made by this Act shall be counted toward not to exceed one step increase under the time in step provisions of section 5343(e)(2) of title 5, United States Code, as amended by the first section of this Act.

8° ^tat. 523.

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Page:United States Statutes at Large Volume 86.djvu/616

 574

tosi^'IU' °* •

rus?*55^5o^'

Ante, p. 564.

80 Stat. 486;

PUBLIC LAW 92-392-AUG. 19, 1972

[86 STAT.

(2) I n the case of any employee described in section 2105(c), 5102(c)(T), (8), or (14) of title 5, United States Code, who is in the service as such an employee immediately before the effective date, with respect to him, of the amendments made by this Act, such amendments shall not be construed to decrease his rate of basic pay in effect immediately before the date on which such amendments become effective with respect to him. I n addition, if an employee is receiving retained pay by virtue of law or agency policy immediately before the date on which the first wage schedule applicable to him under this Act is effective, he shall continue to retain that pay in accordance with the specific instructions under which the retained pay was granted until he leaves his position or until he becomes entitled to a higher rate, (b) The amendments made by this Act shall not be construed to— (1) abrogate, modify, or otherwise affect in any way the provisions of any contract in effect on the date of enactment of this Act pertaining to the wages, the terms and conditions of employment, and other employment benefits, or any of the foregoing matters, for Government prevailing rate employees and resulting from negotiations between Government agencies and organizations of Government employees; (2) nullify, curtail, or otherwise impair in any way the right of any party to such contract to enter into negotiations after the date of enactment of this Act for the renewal, extension, modification, or improvement of the provisions of such contract or for the replacement of such contract with a new contract; or (3) nullify, change, or otherwise affect in any way after such date of enactment any agreement, arrangement, or understanding in effect on such date with respect to the various items of subject matter of the negotiations on which any such contract in effect on such date is based or prevent the inclusion of such items of subject matter in connection with the renegotiation of any such contract, or the replacement of such contract with a new contract, after such date. SEC. 10. (a) Subchapter V of chapter 55 of title 5, United States Code, relating to premium pay, is amended by adding at the end thereof the following new section: "§ 5550. P a y for Sunday and overtime work; employees of nonappropriated fund instrumentalities "A 'prevailing rate employee' described in paragraph (B) of section 5342(a)(2) of this title— "(1) if his regular work schedule includes an 8-hour period of service, a part of which is on Sunday, is entitled to additional pay at the rate of 25 percent of his hourly rate of basic pay for each hour of work performed during that 8-hour period of service; " (2) is entitled to overtime pay for overtime work in excess of 8 hours a day or 40 hours a week, computed in accordance with paragraph (1), (2), or (3), as applicable, of section 5544(a) of this title. However, any such employee who regularly is required to remain at or within the confines of his post of duty in excess of 8 hours a day in a standby or on-call status is entitled to overtime pay only for hours of duty, exclusive of eating and sleeping time, in excess of 40 a week.". (b) The table of sections of subchapter V of chapter 55 of title 5, United States Code, is amended by adding at the end thereof— "5550. Pay for Sunday and overtime work; employees of nonappropriated fund instrumentalities.".

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Page:United States Statutes at Large Volume 86.djvu/617

 86 STAT.]

PUBLIC LAW 9 2 - 3 9 2 - A U G. 19, 1972

SEC. 11. Paragraph (2) of section 8704(d) of title 5, United States Code, is amended to read as follows: "(2) a change in rate of pay under section 5344 or 5349 of this title is deemed effective as of the date of issuance of the order granting the increase or the effective date of the increase, whichever is later, except, that in the case of an employee who dies or retires during the period beginning on the effective date of the increase and ending on the date of the issuance of the, order granting the increase, a change in rate of pay under either of such sections shall be deemed as having been in effect for such employee during that period.". SEC. 12. (a) Section 5548(a) of title 5, United States Code, is amended by striking out "sections 5544 and" and inserting in lieu thereof "section". (b) Section 5548(b) of title 5, United States Code, is amended by striking out "section 5545(d)" and inserting in lieu thereof "sections 5545(d) and 5550". SEC. 13. (a) All laws or parts of laws inconsistent with this Act are hereby repealed to the extent of such inconsistency. (b) Subsection (a) of this section does not repeal or otherwise affect section 5102(d) of title 5, United States Code, section 305 of title 44 of such Code, or the provisions contained in section 180 of title 31, United States Code. SEC. 14. (a) The last sentence of section 4(a) of the Act of January 8, 1971 (84 Stat. 1952; Public Law 91-656) is amended to read as follows: "Such rates, limitations, and allowances adjusted by the President pro tempore shall become effective on the first day of the month in which any adjustment becomes effective under such section 5305 or section 3(c) of this Act.". (b) Paragraph (1) of section 5(a) of the Act of January 8, 1971 (84 Stat. 1952; Public Law 91-656) is amended to read as follows: " (1) effective on the first day of the month in which such pay adjustment by the President is made effective as described above, shall adjust—". SEC. 15. (a) The provisions of this Act are effective on the first day of the first applicable pay period which begins on or after the ninetieth day after the date of enactment of this Act, except that, in the case of those employees referred to in section 5342(a)(2)(B) and (C) of title 5, United States Code (as amended by the first section of this Act), such provisions are effective on the first day of the first applicable pay period which begins on or after the one hundred and eightieth day after such date of enactment or on such earlier date (not earlier than the ninetieth day after such date of enactment) as the Civil Service Commission may prescribe. Notwithstanding the provisions of this subsection, section 5343(e)(1)(D) and (E) and (e)(2)(C), as enacted by the first section of this Act, shall not be effective until the first day of the first pay period commencing after (1) the date on which the President ceases to exercise his authority under the Economic Stabilization Act of 1970 to stabilize wages and salaries, or (2) April 30, 1973, whichever occurs first. (b) A wage survey conducted by an agency before the effective date (with respect to employees covered by that wage survey) of this Act, for a wage schedule which becomes effective after that effective date, is deemed to meet the requirement in this Act for a survey by a lead agency. Approved August 19, 1972.

575

80 Stat. 5 9 3.

^"'®' PP- ses, ^^^'

so Stat. 488; ^^ ^*^*' ^°^'

so Stat. 444. ^^ s*°*- ^^40; ss Stat. 648. ^"^«' P- i^e.

84 Stat. 1946. JJ^'^ "os

Effective dates.

^"^®' P- S64.

^"'^' P- see. ss stau 743^ note.

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Page:United States Statutes at Large Volume 86.djvu/618

 576

PUBLIC LAW 92-393-AUG. 20, 1972

[86 STAT.

Public Law 92-393 August 20, 197 2 [H. R. 16254]

AN ACT Making certain disaster relief supplemental appropriations for the fiscal year 1973, and for other purposes.

Be H enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following propriations, 1973. suHis are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1973, and for other purposes, namely: Disaster relief supplemental ap

CHAPTER I DEPARTMENT OF AGRICULTURE FARMERS H O M E ADMINISTRATION

For an additional amount for "Salaries and expenses," $1,800,000. CHAPTER II DEPARTMENT OF THE ARMY '

CORPS OF EXGIXEERS—CIVIL CONSTRUCTION, GENERAL

For an additional amount for "Construction, general." $3,500,000, to remain available until expended. FLOOD CONTROL AND COASTAL EMERGENCIES

For an additional amount for "Flood control and coastal emergencies," $26,000,000, to remain available until expended. EXECUTIVE OFFICE OF THE PRESIDENT APPALACHIAN REGIONAL DEVELOPMENT PROGRAMS

For an additional amount for "Appalachian regional development programs," $16,000,000, to remam available mitil expended. CHAPTER III DEPARTMENT OF COJ^IMERCE ECONOMIC DEVELOPMENT ADMINISTRATION DE^TJLOPMENT FACILITIES

ss^statf^iee^.^' 42 USC 3135.

For an additional amount for "Development facilities," $30,000,000: Provided, That such additional amount shall not be subject to the restrictions of the last sentence of Section 105 of the Public Works ^^^ Economic Development Act of 1965, as amended.

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 86 STAT. ]

PUBLIC LAW 92-394-AUG. 20, 1972

577

rLAXXIXG, TECHNICAL ASSISTANCE, AND RESEARCH

For an additional amount for "Planning, technical assistance, and ivsearch," $9,100,000. OPERATIONS AND ADMINISTRATION

For an additional amount for "Operations and administration,"' -<IH»0,000. SMALL BUSINESS ADMINISTRATION SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses," $20,000,000, to be transferred from the "Disaster loan fund." ,.,. '.

DISASTER LOAN FUND

 * i

For additional capital for the "Disaster loan fund," authorized by the Small Business Act, as amended, $1,300,000,000, to remain available until expended. CHAPTER IV EXECUTIVE OFFICE OF THE PRESIDENT

72 Stat. 384. ^^ ^^^ " ^ "°'''-

,i

DISASTER RELIEF

For an additional amount for "Disaster relief," $200,000,000, to ri^main aA-ailable until expended: Provided, That not to exceed 3 per <'entum of the foregoing amount shall be available for administrative expenses. CHAPTER V GENERAL PROVISION No part of any appropriation contained in this Act shall remain so provided herein. Approved August 20, 1972. ' Public Law 92-394
 * i xailable for obligation beyond the current fiscal year unless expressly

,. '

^. '

AN ACT To further amend the United States Information and Educational Kxdianne Act of 1948.

August 20, 1972 ^^'^^'*^^

He It enacted by the i^enate and House of Representatives of th« United States of America, in Congress assembled, That section 7'i of Radio Free EUthe United States Information and Educational Exchange Act of 194S '°f^J^^ ^^^'° is hereby amended to read as follows: Appropriation "SEC. 708. There are authorized to be appropriated to the Secretary ^"^'},°1'^^*'°"; of State $38,520,0 for fiscal year 1978 to provide grants, under such Ante, p. 114. terms and <'onditions as the Secretary considers appropriate, to Radio Free Europe and Radio Liberty. Except for funds appropnated pursuant to this section, no funds appropriated after the date of this Act may be made available to or for the use of Radio Free Europe or Radio Fiiberty in fiscal year 1973.". Approved August 20, 1972.

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 578

PUBLIC LAW 92-395-AUG. 20, 1972 Public Law 92-395

August 20, 1972 [S. 484]

Scapegoat Wild e r n e s s, Mont. Designation.

Map and d e s c r i p tion, filing with congressional committees.

Administration. 78 Stat. 890. 16 USC 1131 note.

[86

STAT.

J/;:

AN ACT To designate the Scapegoat Wilderness, Helena. ]>olo. and Lewis and Clark National Forests, in the State of.Monrana.

Be H enacted ty the Senate and House of Representative-s of the United States of America in Congrenii a>piemhled. That, the area kiiown as the Lincoln Back Country as generally depicted on a niaj) entitled "Proposed Scapegoat Wilderness", dated May 19,197^. AAliich is on file and available for public inspection in the Office of the Chief, Forest Service, United States Department of Agriculture, is hereby designated as the Scapegoat Wilderness within and as part of the Helena, Lolo, and Lewis and Clark Xational Forests, comprising an area of approximately 240,000 acres. SEC. 2. As soon as practicable after this Act takes effect, the Secretary of Agriculture shall file a map and a legal description of the Scapegoat Wilderness with the Interior and Insular Affairs Committees of the United States Senate and House of Representatives, and such description shall have the same force and effect as if included in this Act: Provided, hoioevei\ That correction of clerical and typographical errors in such legal description and map may be made. SEC. 3. The Scapegoat Wilderness shall be administered by the Secretary of Agriculture in accordance with the provisions of the Wilderness Act governing areas designated by that Act as wilderness areas, except that any reference in such provisions to the effective date of the Wilderness Act shall be deemed to be a reference to the effective date of this Act. Approved August 20, 1972. Public Law 92-396

August 20, 1972 [H. R. 14106]

Water R e s o u r c e s Planning Act, appropriation increase. 85 Stat. 77. 42 USC 1962d.

'''^'•^ AN ACT '*?>'^'^' To amend the W a t e r Resources Planning Act to authorize increased appropriations.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Water Resources Planning Act (79 Stat. 244, 42 U.S.C. 1962 et seq.) is amended by striking out the present section 401 and inserting in lieu thereof the following: ''SEC. 401. There are authorized to be appropriated to the Water Resources Council: " (a) not to exceed $6,000,000 annually for the Federal share of the expenses of administration and operation of river basin commissions, including salaries and expenses of the chairmen, but not including funds authorized by subsection (c) below: Provided, That not more than $750,000 annually shall be available under this subsection for any single river basin commission; " (b) not to exceed $1,500,000 annually for the expenses of the Water Resources Council in administering this Act, not including funds authorized by subsection (c) below; "(c) not to exceed $3,500,000 in fiscal year 1973 and such annual amounts as may be authorized by subsequent Acts for preparation ,,: of assessments, and for directing and coordinating the preparation of such regional or river basin plans as the Council determines are necessary and desirable in carrying out the policy of this Act: Provided, That not more than $2,500,000 shall be available under

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 86

STAT.]

579

PUBLIC LAW 92-397-AUG. 22, 1972

this subsection for the preparation of assessments: Provided further. That the Council may transfer funds authorized by this subsection to river basin commissions and to Federal and State agencies upon such terms and conditions as it determines are necessary and desirable to carry out the above functions in an economical, efficient, and timely manner, and that such commissions and agencies are hereby autnorized to receive and expend such funds pursuant to this subsection." Approved August 20, 1972.

Transfer of funds.

Public Law 92-397 AN ACT To funencl title 2S. United Stares Code, relating to aminities nf widows of Supreme Court Justices.

Be 'it enacted by the Senate and House of Representatives of the United States of America in Congress aHsembled, That section 375 of title 28, United States Code, is amended to read as follows: '' (a) The Director of the Administrative Office of the United States Courts shall pay to the surviving widow of a justice of the United States who died on or before the date of enactment of this section, while in regular active service or after having retired or resigned inider the provisions of this chapter, an annuity of $10,000, "(b) The surviving widow of a justice of the United States who is in regular active service or is retired or resigned under the provisions of this chapter on the date of enactment of this section, shall, if the justice gives written notice to the Director of the Administrative Office of the United States Courts within six months of the date of enactment of this section of his election to become subject to the provisions of section 376 of this chapter, be paid an annuity of $5,000 or an annuity in accordance with the provisions of section 376, whichever is the greater. "(c) The surviving widow of a justice of the United States who is in regular active service or is retired or resigned under the provisions of this chapter on the date of enactment of this section, shall, if the justice fails to give timely written notice of his election to become subject to the provisions of section 376 of this chapter, be paid an annuity of $5,000. " (d) The widow of a justice of the United States who is appointed after the date of enactment of this section shall be ineligible for an annuity under this section. "(e) An annuity payable under this section shall accrue monthly and shall be due and payable in monthly installments on the first business day of the month following the month for which the annuity shall have accrued. Such annuity shall commence on the first day of the month in which a justice dies, and shall terminate upon the death or remarriage of the annuitant." SEC. 2. Section 376 of title 28, United States Code, is amended by inserting "justice or" or "justice's or" prior to the word "judge" or "judge's", as appropriate, wherever those words appear therein, except in subsections (q), (r), and (s). SEC. 3. (a) The heading of chapter 17, title 28,1'nited States Code, is amended to read as follows: "Chapter 17.—RESIGNATION AND RETIREMENT OF JUSTICES AND JUDGES". (b) The analysis of chapter 17 of title 28, United States Code, is

August 22, 1972 [S.2854]

Supreme Court Justices. Widows, annuities. 68 Stat. 918; 70 Stat. 1021.

81 Stat. 668; 82 Stat. 662. 28 USC 376.

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Page:United States Statutes at Large Volume 86.djvu/622

 580

81 Stat. 669.

PUBLIC LA\V 92-398-AUG. 22, 1972

[86

STAT.

amended by striking out the item relating to section 376 and inserting in lieu thereof the following: "376. Annuities to widows and surviving dependent children of justices and judges of the United States.". (c) The catchline of section 376 of title 28, United States Code, is amended to read as follows: "§ 376. Annuities to widows and surviving dependent children of justices and judges of the United States". SKC. 4. Section 604(a)(7) of title 28, United States Code, is amended by striking "Regulate and pay annuities to widows and surviving dependent children of judges," and inserting in lieu thereof "Regulate and pay annuities to widows and surviving dependent children of justices and judges of the United States,". Approved August 22, 1972. •:. - H - -i Public Law 92-398

August 22, 1972 [H. R. 15097]

Department of Transportation and Related A g e n c i e s Appropriation Act, 1973.

AN ACT Mailing appropriations for the Department of Transportation and related agencies for the fiscal year ending June 30, 1973, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of Transportation and related agencies for the fiscal year ending June 80, 1973, and for other purposes, namely: i •;./.,;, TITLE I DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY •

SALARIES AND EXPENSES

For necessary expenses of the Office of the Secretary of Transportation, including not to exceed $27,000 for allocation within the Department for official reception and representation expenses as the Secretary may determine; $23,970,000. TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT

For necessary expenses for conducting transportation planning, research, and development activities, including the collection of national transportation statistics, to remain available until expended, $38,500,000j of which not to exceed $7,000,000 shall be derived from the appropriation for "Research, engineering and development (Airport and Airway Trust F u n d) ".

• Hv:. *••

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PUBLIC LAW 92-398-AUG. 22, 1972

531

GRANTS-IN-AID FOR NATURAL GAS PIPELINE SAFETY

For grants-in-aid to carry out a pipeline safety program, as authorized by section 5 of the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. 1674), $875,000, to remain available until expended.

Post,

p. 616.

COXSOLIDATION OF DEPARTMENTAL HEADQUARTERS

For necessary expenses in connection with the consolidation of departmental activities into the Southwest Area of Washington, I)istrict of Columbia, $800,000.

- -

COAST G U A R D OPERATING EXPENSES

For necessary expenses for the operation and maintenance of the Coast Guard, not otherwise provided for; purchase of not to exceed sixteen passenger motor vehicles for replacement only; and recreation and welfare; $548,900,000, of which $164,905 shall be applied to Capehart Housing debt reduction: Provided, That the number of aircraft on hand at any one time shall not exceed one hundred and seventy-five exclusive of planes and parts stored to meet future attrition: Provided further, That, without regard to any provisions of law or Executive order prescribing minimum flight requirements. Coast Guard regulations which establish proficiency standards and maximum and minimum flying hours for this purpose may provide for the payment of flight pay at the rates prescribed in section 301 of title 37, United States Code, to certain members of the Coast Guard otherwise entitled to receive flight pay during the current fiscal year (1) who have held aeronautical ratings or designations for not less than fifteen years, or (2) whose particular assignment outside the United States or in Alaska, makes it impractical to participate in regular aerial flights, or who have 3een assigned to a course of instruction of 90 days or more: Provided further. That amounts equal to the obligated balances against the appropriations for "Operating expenses" for the two preceding years, shall be transferred to and merged with this appropriation, and such merged appropriation shall be available as one fund, except for accounting purposes of the Coast Guard, for the payment of obligations properly incurred against such prior year appropriations and against this appropriation: Provided further, That not to exceed $15,000 shall be available for investigative expenses of a confidential character, to be expended on the approval and authority of the Commandant and his determination shall be final and conclusive upon the accounting officer of the Government.

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

ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

For necessary expenses of acquisition, construction, rebuilding, and improvement of aids to navigation, shore facilities, vessels, and aircraft, including equipment related thereto; $131,550,000, to remain available until expended.

•

'

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 582

PUBLIC LAW 92-398-AUG. 22, 1972 ALTERATIOlSr

OF

[86 STAT.

BRIDGES

For necessary expenses for alteration of obstructive bridges: $12,500,000, to remain available until expended. RETIRED P A Y

10 USC 1431.

For retired pay, including the payment of obligations therefor otherwise chargeable to lapsed appropriations for this purpose, and payments under the Retired Serviceman's Family Protection P l a n: $72,789,000. •:.... .. RESERVE

TRAINING

For all necessary expenses for the Coast Guard Reserve, as authorized by law; maintenance and operation of facilities; and supplies, equipment, and services; $31,735,000: Provided, That amounts equal to the obligated balances against the appropriations for "Reserve training" for the two preceding years shall be transferred to and merged with this appropriation, and such merged appropriation shall be available as one fund, except for accounting purposes of the Coast Guard, for the payment of obligations properly incurred against such prior year appropriations and against this appropriation. RESEARCH, DEVELOPMENT. TEST, AXD EVALUATION

'^'•'i '

For necessary expenses, not otherwise provided for, for basic and applied scientific research, development, test, and evaluation; maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $17,500,000, to remain available until expended. STATE BOATING SAFETY ASSISTANCE

85 Stat. 213. 46 USC 1451

For financial assistance for State boating safety programs in accordance with the provisions of the Federal Boat Safety Act of 1971 (Public Law 92-75), $4,500,000, to remain available until expended. / 7 -t- 5

5

-

J.

note.

FEDERAL AVIATION

ADMINISTRATION

OPERATIONS

49 USC xioi note. 72 Stat. 731.

For necessary expenses of the Federal Aviation Administration, not otherwise provided for, including administrative expenses for research and development and for establishment of air navigation facilities, and carrying out the provisions of the Airport and Airway Development Act; purchase of four passenger niotor vehicles for replacement only; and purchase and repair of skis and snowshoes; $1,150,538,000; and for acquisition and modernization of facilities and equipment and service testing in accordance with the provisions of the Federal Aviation Act (49 U.S.C. 1301-1542), including construction of experimental facilities and acquisition of necessary sites b}^ lease or grant, $19,200,000, to remain available until expended; and

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 86 STAT. ]

PUBLIC LAI 92-398-AUG. 22, 1972

583

for acquisition of screening devices, which devices may be transferred, conveyed, or loaned to air carriers and commercial operators under such terms and conditions as the Federal Aviation Administrator may deem appropriate, for use by such air carriers and commercial operators in complying with Federal requirements for passenger screening systems, $3,500,000, to remain available until expended: Provided. That there may be credited to this appropriation, funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred in the maintenance and operation of air navigation facilities. FACILITIES AND EQUIPMENT (AIRPORT AND AIRWAY TRUST F U N D)

For necessary expenses, not otherwise provided, for acquisition, establishment, and improvement by contract or purchase, and hire of air navigation and experimental facilities, inchidin^ initial acquisition of necessary sites by lease or grant; engineering and service testing including construction of test facilities and acquisition of necessary sites by lease or grant; construction and furnishing of quarters and related accommodations for officers and employees of the Federal Aviation Administration stationed at remote localities where such accommodations are not available, but at a total cost of construction not to exceed $50,000 per housing unit in Alaska; and purchase of five aircraft; $302,650,000 to be derived from the Airport and Airway Trust Fund, to remain available until expended: Provided, That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred in the establishment and modernization of air navigation facilities: Provided further, That no part of the foregoing appropriation shall be available for the construction of a new wind tunnel, or to purchase any land for or in connection with the National Aviation Facilities Experimental Center. RESEARCH, ENGINEERING AND DEVELOPMENT (AIRPORT AND AIRWAY TRUST F U N D)

For necessary expenses, not otherwise provided, for research, engineering and development in accordance with the provisions of the Federal Aviation Act (49 U.S.C. 1301-1542), including construction of experimental facilities and acquisition of necessary sites by lease or grant; $66,000,000, to be derived from the Airport and Airway Trust Fund, to remain available until expended: Provided, That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred for research, engineering and development.

.

GRANTS-IN-AID FOR AIRPORTS (AIRPORT AND AIRWAY TKUKT F U N D)

For grants-in-aid for airport planning pursuant to section 13 of Public Law 91-258, and for liquidation of obligations incurred for airport development under authority contained in section 14 of Public Law 91-258, to be derived from the Airport and Airway Tnist Fund and to remain available until expended, $115,000,000. of which $15,000,000 shall be for airport planning grants.

-081 O - 73 - 40

84 Stat. 224. " ^ ^^*^ ^^^3. ^ ss Stat. 491. ^^ ^^^ ^''^'^•

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 584

PUBLIC LAW 92-398-AUG. 22, 1972

[86 STAT.

FEDERAL P A Y M E N T TO THE A I R P O R T AND A I R W A Y T R U S T F u x D

It?sc m i.

For payment to the Airport and Airway Trust Fund as provided ^^' section 208(d) of Public Law 91-258, $48,728,000. OPERATION AND MAINTENANCE, NATIONAL CAPITAL AIRPORTS

For expenses incident to the care, operation, maintenance, improvement, and protection of the federally owned civil airports in the vicinity of the District of Columbia, including purchase of two passenger motor vehicles for police type use, for replacement only; purchase, cleaning, and repair of uniforms; and arms and ammunition: $12,265,000. CONSTRUCTION, NATIONAL CAPITAL

AIRPORTS

For necessary expenses for construction at the federally owned civil airports in the vicinity of the District of Columbia, $2,600,000, to remain available until expended. AVIATION W A R K I S K INSURANCE

72 Stat. 803. 61 Stat. 584.

KEVOLVING F U N D

The Secretary of Transportation is hereby authorized to make such expenditures, within the limits of funds available pursuant to section 1306 of the Act of August 23, 1958 (49 U.S.C. 1536), and in accordance with section 104 of the Government Corporation Control Act, ^s amended (31 U.S.C. 849), as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for aviation war risk insurance activities under said Act. FEDERAL HIGHWAY ADMINISTRATION •^'

•

'

f

SALARIES AND EXPENSES

For necessary expenses, not otherwise provided, as authorized by law, of the Federal Highway Administration, $13,325,000, of which $5,600,000 shall be derived from the Highway Trust Fund, together with not to exceed $98,400,000 to be transferred from the appropriation for "Federal-aid highways (trust f u n d) ": Provided, That not to exceed $22,150,000 of the amount provided herein shall remain available until expended. HIGHWAY BEAUTIFICATION (LIQUIDATION OP CONTRACT AUTHORIZATION)

84ltlu'i726.^''

84 Stat. 1715.

For payment of obligations incurred in carrying out the provisions of title 23, United States Code, sections 131, 136, and 319(b). $12,000,000 to remain available until expended, together with $965j000 for necessary administrative expenses for carrving out such provisions of title 23, United States Code, as authorized by section 105(a) of the Federal-Aid Highway Act of 1970.

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 86 STAT. ]

PUBLIC LAW 92-398-AUG. 22, 1972

585

HIGHWAY-RELATED SAFETY GRANTS (LIQUIDATIOX OF CONTRACT AUTHORIZATION)

For payment of obligations incurred in carrying out the provisions of title 23, United States Code, section 402, administered by the Federal g/^ta'^^i/Zo^.' Highway Administration, to remain available until expended, $12,000,000, of which $8,000,000 shall be derived from the Highway Trust F u n d: Provided, That not to exceed $393,000 of the amount appropriated herein may be transferred to the appropriation "Salaries and expenses". R A I L CROSSINGS—DEMONSTRATION PROJECTS

For payment of obligations incurred in carrying out the provisions of title 23, United States Code, section 322, to remain available until expended, $2,000,000, of which $600,000 shall be derived from the Highway Trust Fund. TERRITORIAL HIGHWAYS (LIQUIDATION or AUTHORIZATION)

CONTRACT

For payment of obligations incurred in carrying out the provisions of title 23, United States Code, section 215, $2,000,000, to remain available until expended. DARIEN G A P

84 Stat. 1742.

84 Stat. 1720.

HIGHWAY

For necessary expenses for construction of the Darien Gap Highway in accordance with the provisions of section 216 of title 23 of the United States Code, including the purchase of not to exceed two passenger motor vehicles $15,000,000, to remain available until expended. FEDERAL-AID HIGHWAYS (LIQUIDATION OF CONTRACT AUTHORIZATION) (TRUST F U N D) Stat. 885. For carrying out the provisions of title 23, United States Code, 72 USC 101. 23 which are attributable to Federal-aid highways, not otherwise provided, including reimbursement for sums expended pursuant to the provisions of section 2 of the Pacific Northwest Disaster Relief Act of 1965 (79 Stat. 131), reimbursement for sums expended pursuant to the provisions of section 21 of the Alaska Omnibus Act, as amended (78 Stat. 505), $4,891,990,000, or so much thereof as may be available 2ilo^l^ ""^^ in and derived from the "Highway trust fund", to remain available until expended. RIGHT-OF-WAY REVOLVING F U N D (LIQUIDATION OF CONTRACT AUTHORIZATION) (TRUST F U N D)

For payment of obligations incurred in carrying out the provisions of title 23, United States Code, section 108(c), as authorized by section 7(c) of the Federal-Aid Highway Act of 1968, $35,000,000, to remain available until expended, and to be derived from the "Highway trust fund" at such times and in such amounts as may be necessary to meet current withdrawals.

82 Stat. 818.

FOREST HIGHWAYS (LIQUIDATION OF CONTRACT AUTHORIZATION)

For payment of obligations incurred in carrying out the provisions of title 23, United States Code, section 204, pursuant to contract authorization granted by title 23, United States Code, section 203, to remain available until expended, $23,000,000.

^^ ^*^'- ^°^-

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 586

PUBLIC LAW 92-398-AUG. 22, 1972

[86 STAT.

I'UBLIC I J A N D S H I O J I W A Y S ( L i Q U I D A ' n o X OF ("OXTKACT AUTIIORIZATIOX)

78^813^*397°^'

For payment of obli<^ations incurred in carrying out the provisions ^^ ^^^^^ *'^'^' United States Code, section 209, pursuant to the contract authorization granted by title 28, United States Code, section 208, $16,000,000, to remain available until expended. ..« « XATTOXAL H I G H W A Y T R A F F I C S A F E T Y ADMINISTRATION TRAFriC: AXl) IIlGIIWAY S A F E T Y

so Stat. 416.

For expenses necessary to dischai'<>;e the functions of the Secretary with respect to traffic and highway safety, including services authorj^ed by 5 U.S.C. 8109, $44,185,000, of which $29,490,000 shall be derived from the Highway trust fund. STATE AXD COMMUNITY HIGHWAY SAFETY (LIQUIDATIOX OF

CoxTRACT AUTHORIZATION)

80 Stat. 731; tat. 1740.

For payment of obligations incurred in carrying out the provisions ^f title 28, United States Code, section 402, to remain available until t^xpended, $70,000,000, of which $29,500,000 shall be derived from the Highway trust fund. FEDERAL RAILROAD ADMINISTRATION OFFICE OF THE ADMIXISTRATOR SALARIES AXN EXPENSES

For necessarv expenses of the Federal Railroad Administration, $2,885,000. RAILROAD RESEARCH

For necessar-y expenses for conducting railroad research activities, $10,850,000, to remain available until expended. BUREAU OF RAILROAD SAFEI r

For necessary expenses of the Bureau of Railroad Safety, not otherwise provided for, $7,000,000. ^„. HIGH-SPEED GROUND TRANSPORTATION RESKARC H AND DEVFXOPMENT

For necessary expenses for research, development, and demonstrations in high-speed ground transportation, $52,500,000, to remain available until expended. ,d 3: -

THE ALASKA RAILROAD ALASKA R A I L R O A D REVOLVING FUND

. - h,1;i ^

The Alaska Railroad Revolving Fund shall continue available until expended for the work authorized by law, including operation and maintenance of oceangoing or coastwise vessels by ownership, charter, or arrangement with other branches of the Government service, for the purpose of providing additional facilities for transportation of freight, passengers, or mail, when deemed necessary for the benefit

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Page:Afleetinbeing.djvu/59

So home, blown through and through vith fresh air; sore with hanging on to the car and laughing at nothing; to dine with two Cruiser Captains aboard one of the big fleet-rams. My hosts had been friends since their Britannia days (it is this uniformity of early training that gives to the Navy its enduring solidarity), and, one reminiscence leading to another, I listened enchanted to weird yarns in which Chinese Mandarins, West Coast nigger Chiefs, Archimandrites, Turkish Pashas, Calabrian Counts, dignity balls, Chilian beachcombers, and all the queer people of the earth were mingled.

'But it's a lonely life—a lonely life,' said one. 'I've commanded a ship since Eighty something, and—you see.'

How could one help seeing? Between the after-cabin and the rest of the world (with very few exceptions) lies the deep broad gulf that is only overpassed by sentries, signalmen, and subordinates entering with reports. A light tap, a light foot, a doffed cap, and—'Rounds all correct, sir.' Then the silence and the loneliness settle down again

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