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 114

Water delivery charges.

Appropriation.

PUBLIC LAW 92-264-MAR. 30, 1972

Radio Free Europe and Radio Liberty. Appropriation authorization. 62 Stat. 11. 22 tISC 1477.

STAT.

within an amount specified in a District of Columbia Appropriation Act, with the United States, any State in the Potomac River Basin, any agency or political subdivision thereof, and any other competent State or local authority, with respect to the payment by the District of Columbia to the United States, either directly or indirectly, of the District's equitable share of any part or parts of the non-Federal portion of the costs of any reservoirs authorized by the Congress for construction on the Potomac River or any of its tributaries. Every such contract may contain such provisions as the Commissioner may deem necessary or appropriate. SEC. 2. Unless hereafter otherwise provided by law, all payments made by the District of Columbia and all moneys received by the District of Columbia pursuant to any contract made under the authority of this Act shall be paid from, or be deposited in, the District of Columbia Water Fund. Charges for water delivered from the District of Columbia water system for use outside the District of Columbia may be adjusted to reflect the portions of any payments made by the District of Columbia under contracts authorized by this Act which are equitably attributable to such use outside the District. SEC. 3. There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act. Approved March 24, 1972. v Public L a w92-264

March 30, 1972 [S. 18]

[86

'

"'

.'

.;

.;

. '•

AN ACT - -•: To amend the United States Information and Educational Exchange Act of 1948 to provide assistance to Radio Free Europe and Radio Liberty.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the United States Information and Educational Exchange Act of 1948 is amended by inserting after section 702 the following new section: " AUTHORIZATION FOR GRANTS TO RADIO FREE EUROPE AND RADIO LIBERTY

"SEC. 703. There are authorized to be appropriated to the Department $36,000,000 for fiscal year 1972 to provide grants, under such terms and conditions as the Secretary considers appropriate, to Radio Free Europe and Radio Liberty. Except for funds appropriated under this section, no funds appropriated after the date of enactment of this section for any fiscal year, under this or any other provision of law, may be made available to or for the use of Radio Free Europe or Radio Liberty." Approved March 30, 1972. .;/ .. .... Public Law 92-265 March 30, 1972 [H. R. 10390]

Indian Claims Commission. Termination date, extension. 81 Stat. 11,

AN ACT To extend the life of the Indian Claims Commission, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 23 of the Act entitled "An Act to create an Indian Claims Commission, to provide for the powers, duties, and functions thereof, and for other purposes", approved August 13, 1946 (60 Stat. 1049, 1055), as amended (75 Stat. 92; 25 U.S.C. 70v), is hereby amended by striking said section and inserting in lieu thereof the following:

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PUBLIC LAW 9 2 - 2 6 5 - M A R. 30, 1972

I|p

"DISSOLUTION OF THE COMMISSION AND DISPOSITION OF PENDING CLAIMS

"SEC. 23. The existence of the Commission shall terminate at the ^ end of fifteen years from and after April 10, 1962, or at such earlier -time as the Commission shall have made its final report to the Cong:ress on all claims filed with it. Upon its dissolution the records and files of the Commission in all cases in which a final determination has been entered shall be delivered to the Archivist of the United States. The records and files in all other pending cases, if any, including those on appeal shall be transferred to the United States Court of Claims, and jurisdiction is hereby conferred upon the United States Court of Claims to adjudicate all such cases under the provisions of section 2 of the Indian Claims Commission Act: Provided, That section 2 of said Act shall not apply to any case filed originally in the Court of Claims under section 1505 of title 28, United States Code." 63 SEC. 2. Section 27(a) of such Act of August 13, 1946, as amended (25 U.S.C. 7 0 v - l), is amended by striking said section and inserting 81 in lieu thereof the following:

"^"

Stat. 102. Stat. 1 1.

U,

TRIAL CALENDAR

"SEC. 27. (a) The Commission from time to time shall prepare a trial calendar which shall set a date for the trial of the next phase of each claim as soon as practical after a decision of the Commission or the United States Court of Claims or the Supreme Court of the United States makes such setting possible, but such date shall not be later than one year from the date of such decision except on a clear showing by a party that irreparable harm would result unless longer preparation were allowed." SEC. 3. Section 27(b) of such Act of August 13, 1946, as amended (25 U.S.C. 7 0 v - l), is amended by striking said section and inserting •' in lieu thereof the following: "SEC. 27. (b) If a claimant fails to proceed with the trial of its claim on the date set for that purpose, the Commission may enter an order dismissing the claim with prejudice or it may reset such trial at the end of the calendar." SEC. 4. The Act of August 13, 1946, as amended, is furtlier amended grfsXnaWo'^.' by adding at the end thereof a new section as follows: mittees. "SEC. 28. The Commission shall, on the first day of each session of ^° ^^^'^f'"'^* Congress, submit to the Committees on Interior and Insular Affairs of the Senate and House of Representatives, a report showing the progress made and the work remaining to be completed by the Commission, as well as the status of each remaining case, along with a projected date for its completion." SEC. 5. Section 6 of such Act of August 13, 1946 (25 U.S.C. 7De), Appropriations. is amended by adding at the end thereof the following: "There 81 Stat. 11. are authorized to be appropriated for the necessary expenses of the Commission not to exceed $1,500,000 for fiscal year 1973, and appropriations for succeeding fiscal years shall be made only io the extent herea fter authorized by Act of Congress." Approved March 30, 1972.

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PUBLIC LAW 92-266-MAR. 30, 1972

[86

STAT.

Public Law 92-266 March 30, 1972 [S.3353]

First U.S. International Transportation Exposition. Commemorative medals.

Cost.

AN ACT To provide for the striking of medals in commemoration of the First United States International Transportation Exposition.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in commemoration of the First United States International Transportation Exposition,, to be held at Dulles Airport, May 27 through June 4, 1972, the Secretary of the Treasury (hereinafter referred to as the "Secretary") is authorized and directed to strike medals of suitable sizes and metals, and with suitable emblems, devices, and inscriptions to be determined by the Secretary of Transportation, subject to the approval of the Secretary. SEC. 2. The Secretary shall furnish the medals to the Secretary of Transportation at a price equal to the cost of the manufacture. SEC. 3. The Secretary shall also cause such medals to be sold by the mint, as a list medal, under such regulations as he may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses. Approved March 30, 1972. Public Law 92-267

March 30, 1972 [S. 904]

Uniform Time Act, amendment. Advanced time option, a l l o w a n c e. 80 Stat. 107.

AN ACT To amend the Uniform Time Act to allow an option in the adoption of advanced time in certain cases.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 3(a) of the Uniform Time Act of 1966 (15 U.S.C. 260a) is amended by striking out all after the semicolon and inserting the following in place thereof: "however, (1) any State that lies entirely within one time zone may by law exempt itself from the provisions of this subsection providing for the advancement of time, but only if that law provides that the entire State (including all political subdivisions thereof) shall observe the standard time otherwise applicable during that period, and (2) any State with parts thereof in more than one time zone may by law exempt either the entire State as provided in (1) or may exempt the entire area of the State lying within any time zone." Approved March 30, 1972. Public Law 92-268

March 31, 1972 [S.3160]

Par Value Modification Act. New v a l u e, establishment.

AN ACT To provide for a modification in the par value of the dollar, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. This Act may be cited as the " P a r Value Modification Act". SEC. 2. The Secretary of the Treasury is hereby authorized and directed to take the steps necessary to establish a new par value of the dollar of $1 equals one thirty-eighth of a fine troy ounce of gold. When established such par value shall be the legal standard for defining the

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STAT.]

PUBLIC LAW 92-269-APR. 6, 1972

relationship of the dollar to gold for the purpose of issuing gold certificates pursuant to section 14(c) of the Gold Keserve Act of 1934 (31 U.S.C. 405b). SEC. 3. The Secretary of the Treasury is authorized and directed to maintain the value in terms of gold of the holdings of United States dollars of the International Monetary Fund, the International Bank for Eeconstruction and Development, the Inter-American Development Bank, the International Development Association, and the Asian Development Bank to the extent provided in the articles of agreement of such institutions. There is hereby authorized to be appropriated, to remain available until expended, such amounts as may be necessary to provide for such maintenance of value. SEC. 4. The increase in the value of the gold held by the United States (including the gold held as security for gold certificates) resulting from the change in the par value of the dollar authorized by section 2 of this Act shall be covered into the Treasury as a miscellaneous receipt. Approved March 31, 1972.

117

48 Stat. 343; 82 Stat. 5 1. Maintenance.

Appropriation.

Increment d i s position.

Public Law 92-269 AN ACT To change the minimum age qualification for serving as a juror in Federal courts from twenty-one years of age to eighteen years of age.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1865 (b)(1) of title 28, United States Code, is amended by striking out "twenty-one years" and inserting in lieu thereof "eighteen years". SEC. 2. Section 1863(b)(4) of title 28, United States Code, is amended by inserting before the period at the end thereof ", the interval for which shall not exceed, four years". SEC. 3. (a) Each judicial district and each division or combination of divisions within a judicial district, for which a separate plan for random selection of jurors has been adopted pursuant to section 1863 of title 28, United States Code, other than the District of Columbia and the districts of Puerto Rico and the Canal Zone, shall not later than September 1, 1973, refill its master jury wheel with names obtained from the voter registration lists for, or the lists of actual voters in, the 1972 general election. (b) The District of Columbia and the judicial districts of Puerto Rico and the Canal Zone shall not later than September 1, 1973, refill their master jury wheels from sources which include the names of persons eighteen years of age or older. (c) The qualified jury wheel in each judicial district, and in each division or combination of divisions in a judicial district for which a separate plan for random selection of jurors has been adopted, shall be refilled from the master jury wheel not later than October 1, 1973. SEC. 4. (a) Nothing in this Act shall affect the composition of any master jury wheel or qualified jury wheel prior to the date on which it is first refilled in compliance with the terms of section 3. (b) Nothing in this Act shall affect the composition or preclude the service of any jury empaneled on or before the date on which the qualified jury wheel from which the jurors' names were drawm is refilled in compliance with the provisions of section 3. Approved April 6, 1972.

April 6, 1972 [S. 1975]

Jury service. Minimum age qualification. 82 Stat. 58.

Master jury w h e e l, refill.

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PUBLIC LAW 92-270-APR. 6, 1972

[86

STAT.

Public Law 92-270 April 6, 1972 [H. R. 9526]

Naval v e s s e l s. Loans to foreign countries. 70A Stat. 452.

75 Stat. 4 2 4. 22 USC 2151 note. Presidential authority, termination date. Loan periods.

Termination conditions.

Information to Congress. Rules and regulations.

"''• •• ' ".. "^' AN ACT To authorize certiiin naval vessel loans, and for other iinrposes.

Be it enacted by the Senate and Flouse of Representatives of the United States of Amenca in Congress assembled, That, notwitlistanding section 7307 of title 10, United States Code, or any other provision of law, the President may lend five destroyers and two submarines to the Government of Spain; one destroyer and two submarines to the Government of Turkey; two destroyers to the Government of Greece; two destroyers to the Republic of Korea; and two submarines to the Government of Italy in addition to any ships previously authorized to be loaned to these nations, with or without reimbursement and on such terms and under such conditions as the President may deem appropriate. All expenses involved in the activation, rehabilitation, and outfitting (including repairs, alterations, and logistic support) of ships transferred vmder this Act shall be charged to funds programed for the recipient government as grant military assistance under the provisions of the Foreign Assistance Act of 1961, as amended, or successor legislation, or to funds provided by the recipient government. The authority of the Pi'esident to lend naval vessels under this section shall terminate on December 31, 1974. SEC. 2. I ^ a n s executed under this Act shall be for periods, not exceeding five years, at the end of which, each ship shall be returned to the United States Navy at a location to be designated by the Secretary of Defence. Loans executed under this Act shall be made subject to the condition that the loan may be terminated by the President if he finds that the armed forces of the borrowing country have engaged at any time after the date of such loan, in acts of warfare against any country which is a party to a mutual defense treaty ratified by the United States. Loans shall be made on the condition that they shall be terminated at an earlier date if the President determines they no longer contribute to the defense requirements of the United States. SEC. 3. No loan may be made under this xA^ct unless the Secretary of Defense, after consultation with the Joint Chiefs of Staff, determines that such loan is in the best interest of the United States. The Secretary of Defense shall keep the Congress currently advised of all loans made or extended under this Act. SEC. 4. The President may promulgate such rules and regulations as he deems necessary to carry out the provisions of this Act. SEC. 5. Any loan made to a country under this Act shall not be construed as a commitment by the United States to the defense of that country. , Approved April 6, 1972. Public Law 92-271

.'",.

April 10, 1972 [H. R. 8787]

=,.. AN ACT •To provide that the unincorporated territories of Guam and the Virgin Islands shall each be represented in Congress by a Delegate to the House of Representatives.

Guam and Virgin Islands. Delegate to the House of Representatives.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the territory of Guam and the territory of the Virgin Islands each shall be represented in the United States Congress by a nonvoting Delegate to the House of Representatives, elected as hereinafter provided.

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PUBLIC LAW 9 2 - 2 7 1 - A P R. 10, 1972

SEC. 2. (a) The Delegate shall be elected by the people qualified to vote for the members of the legislature of the territory he is to represent at the general election of 1972, and thereafter at such general election every second year thereafter. The Delegate shall be elected at large, by separate ballot and by a majority of the votes cast for the office of Delegate. If no candidate receives such majority, on the fourteenth day following such election a runoff election shall be held between the candidates receiving the highest and the second highest number of votes cast for the office of Delegate. In case of a permanent vacancy in the office of Delegate, by reason of death, resignation, or •permanent disability, the office of Delegate shall remain vacant until a successor shall have been elected and qualified. (b) The term of the Delegate shall commence on the third day of January following the date of the election. SEC. 3. To be eligible for the Office of Delegate a candidate must— (a) be at least twenty-five years of age on the date of the election, (b) have been a citizen of the United States for at least seven years prior to the date of the election, (c) be an inhabitant of the territory from which he is elected, and (d) not be, on the date of the election, a candidate for any other office. SEC. 4. The legislature of each territory may determine the order of names on the ballot for election of Delegate, the method by which a special election to fill a vacancy in the office of Delegate shall be conducted, the method by which ties between candidates for the office of Delegate shall be resolved, and all other matters of local application pertaining to the election and the office of Delegate not otherwise expressly provided for herein. SEC. 5. The Delegate from Guam and the Delegate from the Virgin Islands shall have such privileges in the House of Representatives as may be afforded him under the Rules of the House of Representatives. Until the Rules of the House of Representatives are amended to provide otherwise, the Delegate from each territory shall receive the same compensation, allowances, and benefits as a Member of the House of Representatives, and shall be entitled to whatever privileges and immunities are, or hereinafter may be, granted to the Resident Commissioner for Puerto Rico: Provided, That the right to vote in committee shall be as provided by the Rules of the House of Representatives: Provided further, That the clerk hire allowance of each Delegate shall be a single per annum gross rate that is 60 per centum of the clerk hire allowance of a Member: Provided further, That the transportation expenses of each Delegate that are subject to reimbursement under section 1 of the Act of September 17, 1967 (81 Stat. 226,, 2 U.S.C. 43b), shall not exceed the cost of four round trips each year. Approved April 10, 1972.

• rf..C'rl

-081 0 - 7 3 - 1 1

'119

Election.

vacancy.

Eligibility.

le^iYi^t^i^^election procedures,

^.-..' aif;ranc"e sTttc!

,»^ • y,,j

^^f^^J^ ^'""^ Transportation ^^ Stat. 128.

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PUBLIC LAW 92-272-APR. 11, 1972

[86

STAT.

Public Law 92-272 April 11, 1972 [S.2601]

National park system units. Appropriation ceilings increase; boundary changes.

16 USC 459f-10.

16 USC 460t-4.

16 USC 428m.

16 USC 431 note. 16 USC 460m-7.

AN ACT To provide for increases in appropriation ceilings and boundary changes in certain units of the national park system, and for other purposes.

Be it enacted by the Senate and House of Representatives United States of America in Congress assemhted^

of the

TITLE I—ACQUISITION CEILING INCKEASES SEC. 101. The limitation on appropriations for the acquisition of lands and interests therein within units of the national park system contained in the following Acts are amended as follows: (1) Assateague Island National Seashore, Maryland: section 11 of the Act of September 21, 1965 (79 Stat. 824, 827) is amended by changing "$16,250,000"' to "$21,050,000 (including such sums, together with interest, as may be necessary to satisfy final judgments rendered against the United States)"; (2) Big Hole National Battlefield, Montana: section 5 of the Act of May 17, 1963 (77 Stat. 18), is amended by changing "$20,000" to "$42,500"; (3) Big:horn Canyon National Recreation Area, Wyoming and Montana: section 5 of the Act of October 15, 1966 (80 Stat. 913) is amended by changing "$355,000" to "$780,000"; (4) Effigy Mounds National Monument, Iowa: section 5 of the Act of May 27, 1961 (75 Stat. 88), is amended by changing "$2,000" to "$14,000"; (5) Fort Donelson National Military Park, Tennessee: section 3 of the Act of September 8, 1960 (74 Stat. 875), is amended by changing "$226,000" to "$454,000"; (6) Lincoln Boyhood National Memorial, Indiana: section 4 of the Act of February 19, 1962 (76 Stat. 9), is amended by changing "$1,000,000" to "$1,320,000" and "$75,000" to "$395,000"; (7) Ozark National Scenic Riverways, Missouri: section 8 of the Act of August 27, 1964 (78 Stat. 608), is amended by changing "$7,000,000" to "$10,804,000"; and (8) Shiloh National Military Park, Tennessee: section 1 of the Act of July 3, 1926 (44 Stat. 826), is amended by changing "$57,100" to "$150,100". TITLE II—DEVELOPMENT CEILING INCREASES

16 USC 461 note. 16 USC ASQll note. 16 USC 431 note.

16 USC 284b.

SEC. 201. The limitations on appropriations for acquisition and development of units of the national park system contained in the following Acts are amended as follows: (1) Herbert Hoover National Historic Site, Iowa: section 4 of the Act of August 12, 1965 (79 Stat. 510), is amended by changing "$1,650,000" to "$3,500,000"; (2) Booker T. Washington National Monument, Virginia: section 4 of the Act of April 2, 1956 (70 Stat. 86), is amended by changing "$200,000" to "$600,000"; (3) Johnstown Flood National Memorial, Pennsylvania: section 5 of the Act of August 31, 1964 (78 Stat. 752), is amended by changing "$2,000,000" to "$2,244,600"; and (4) Wolf Trap F a r m Park, Virginia: section 3 of the Act of Octobej. ]^5^ ]^9gg (8Q g^^^_ 95Q)^ -g amended by changing "$600,000" to "$5,473,000".

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8EC. '202. The additional sums authorized to be appropriated for development in the Acts as amended in section 201 are based on March 1971 prices and may be increased or decreased in appropriation Acts by such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indices applicable to the types of constniction invoh ed for each area.

121 Cost fluctuation, ceiling adjustment.

TITLE III — B O l ^ X D A R Y C H A N G E S SP:C. 801. The Secretary of the Interior is authorized to revise the boundaries of the following units of the national park system: (1) Adams National Historic Site, Massachusetts: to add approximately 3.68 acres; (2) Cowpens National Battleground Site, South Carolina: to add approximately 845 acres; (3) Fort Caroline National Memorial, Florida: to add approximately 12.5 acres; (4) George Washington Birthplace National Monument, Virginia: to add approximately 62.3 acres; (5) Glacier National Park, Montana: to add approximately 267.90 acres and to exclude approximately 68.47 acres; (6) Isle Royale National Park, Michigan: to add approximately 0.52 acre; (7) Johnstown Flood National Memorial, Pennsylvania: to add approximately 53.6 acres; (8) Lassen Volcanic National Park, California: to exclude approximately 482 acres; (9) Muir Woods National Monument, California: to add approximately 49.7 acres; (10) Ozark National Scenic Eiverways, Missouri: to add approximately 1,670acres; and (11) Petersburg National Battlefield, Virginia: to exclude approximately 257.53 acres. SEC. 302. The boundary revisions authorized in section 301 shall become effective upon publication in the Federal Register of a map or other description of the lands added or excluded by the Secretary of the Interior. Snt'. 303. Within the boundaries of the areas as revised in accordance with section 301, the Secretary of the Interior is authorized to acquire lands and interest therein by donation, purchase with donated or appropriated funds, exchange, or transfer from any other Federal agency. Lands and interests therein so acquired shall become part of the area to A\hich they are added, and shall be subject to all laws, rules, and regulations applicable thereto. When acquiring any land pursuant to this Act, the Secretary (i) may tender, to the owner or owners of record on the date of enactment of this Act, a revocable permit for the continued use and occupancy of such land or any portion thereof subject to such terms and conditions as he deems necessary or (ii) may acquire anj- land pursuant to this Act subject to the retention of a right of use and occupancy for a term not to exceed 25 years or for the life of the owner or owners. Lands and interests therein excluded from the areas pursuant to section 301 may be exchanged for non-Federal lands within the boiuidaries as revised, or they may be transferred to the jurisdiction of any ther Federal agency or to a State or political subdivision thereof, without monetary consideration, as the Secretary of the Interior may deem appropriate. In exercising the authority in this section with respect to lantls and interests therein excluded from the areas, the Secretary of the Interior may, on behalf of the United States, retrocede to the appropriate State exclusive or concurrent legislative jnris<lictioji subject to such terms and conditions as he may deem

Publication in Rederal Register.

Land acquisition.

State jurisdiction, retrocession,

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PUBLIC LAW 92-273-APR. 17, 1972

[86

STAT.

appropriate, over such lauds, to be effective upon acceptance thereof by the State. Any such hinds not so exchanged or transferred may be disposed of in accordance with the Federal Property and Administrative Services Act of 1949. as amended. SEC. 304. For the acquisition of lands and interests in lands which are added to the areas referred to in section 301, there are authorized to be appropriated such sums as may be necessary, but not more than the following amounts: (1) Adams National Historic Site, $122,000; (2) George Washington Birthplace National Monument. $57,000; (3) Glacier National Park, $6,000; (4) Isle Royale National Park, $31,500; (5) Johnstown Flood National Memorial, $10,000; and (6) Muir Woods National Monument, $950,000. SEC. 305. The authorities in this title are supplementary to any other authorities available to the Secretary of the Interior with respect to the acquisition, development, and administration of the areas referred to in section 301. TITLE lY—MISCELLANEOUS CHANGES

Ozark National Scenic Riverways. 16 USC 460m-l.

Cowpens National Battlefield, designation.

SEC. 401, The third sentence of section 2 of the Act of August 27, 1964 (78 Stat. 608) is amended to read as follows: "Lands and waters owned by the State of Missouri within such area may be acquired with the consent of the State and, notwithstanding any other provision of law, subject to provision for rcAersioii to such State conditioned upon continued use of the property for National Scenic Riverway." SEC. 402, For the purposes of the Cowpens National Battleground Site, which is hereby redesignated as the Cowpens National Battlefield, there are authorized to be appropriated not more than $2,363,900 for the acquisition of lands and interests in lands and not more than $3,108,000 for development. Approved April 11, 1972. . Public Law 92-273

April 17, 1972 [H. R.12749]

Saline water conversion program. Appropriation authorization. 42 USC 1959 note.

" AN ACT ••'• To authorize appropriations for the saline water conversion program for fiscal year 1973,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is authorized to be appropriated to carry out the provisions of the Saline Water Conversion Act of 1971 (85 Stat. 159) during fiscal year 1973, the sum of $26,871,000 to remain available until expended as follows: (1) Research expense, not more than $5,850,000; (2) Development expense, not more than $12,131,000; (3) Design, construction, acquisition, modification, operation, and maintenance of saline water conversion test beds and test facilities, not more than $5,085,000; ^ ^ (4) Design, construction, acquisition, modification, operation, and maintenance of saline water conversion modules, not more than $1,075,000; and (5) Administration and coordination, not more than $2,730,000, Expenditures and obligations under paragraphs (1), (2), (3), and (4) of this subsection may be increased by not more than 10 per centum

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PUBLIC LAW 92-276-APR. 24, 1972

123

and expenditures and obligations under paragraph (5) may be increased by not more than 2 per centum, if any such increase under any paragraph is accompanied by an equal' decrease in expenditures and obligations under one or more of the other paragraphs. Approved April 17, 1972. Public Law 92-274 JOINT RESOLUTION Authorizing and requesting the President to proclaim April 1972 as "National Check Your "Vehicle Emissions Month".

Resolved by the Senate and House of Representatives of the United States of America m Congress assembled, That the President is authorized and requested to issue a proclamation designating the month of April 1972 as "National Check Your Vehicle Emissions Month", and call upon the motorists and the automotive industry of the United States to take appropriate steps during the month of April 1972 to reduce substantially air pollution from the motor vehicles operating on the streets and highways. Approved April 20, 1972. Public Law 92-275

April 20, 1972 [ H. J. R e s. 1095]

National Check Your Vehicle E m i s s i o n s Month. Designation authorization.

y -v^.,:-yyy'

AN ACT To amend the Act of January 8, 1971 (Public Law 91-660; 84 Stat. 1967), an Act to provide for the establishment of the Gulf Islands National Seashore, in the States of Florida and Mississippi, for the recognition of certain historic values at Fort San Carlos, Fort Redoubt, Fort Barrancas, and Fort Pickens in Florida, and Fort Massachusetts in Mississippi, 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 Act of January 8, 1971 (Public Law 91-660; 84 Stat. 1967) is amended as follows: (1) In section 2(a) revise the second sentence by deleting "one hundred thirty-five" and inserting in lieu thereof "four hundred" and (2) In section 11 delete "$3,120,000" and insert in lieu thereof "$3,462,000" and delete "$14,779,000 (1970 prices)" and insert "$17,774,000 (June 1970 prices)". Approved April 20, 1972.

April 20, 1972 [S.3153]

Gulf Islands National S e a s h o r e. Expansion. 16 U S C 4 5 9 h - l.

Appropriation. 16 USC 459h-10.

Public Law 92-276 JOINT RESOLUTION To authorize the President to proclaim the last Friday of April 1972, as "'National Arbor Day".

April 24, 1972 [H. J, R e s. 5 6 3 ]

Resolced by the Senate and House of Representatives of the United States of Amenca in Congress assembled. That the President is hereby National Arbor authorized and requested to issue a proclamation designating the last DJsignation Friday of April of 1972 as "Xational Arbor Day" and calling upon authorization, the people of the United States to observe such a day with appropriate ceremonies and activities. Approved April 24, 1972.

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PUBLIC LAW 92-277-APR. 24, 1972

[86

STAT.

Public Law 92-277 April 24, 1972 [S.3054]

Manpower Development and Training Act of 196 2, amendment. 82 Stat. 1352. 76 Stat. 33.

Certain U.S. Postal Service property, treatment. 64 Stat. 1100. 20 USC 236.

AN ACT To amend the Manpower Development and Training Act of 1962.

Be it enacted by the Senate and House of Representatives of the United States of AmeHca in Congress assembled, That (a) section 310 of the Manpower Development and Training Act of 1962 (42 U.S.C. 2620) is amended by striking out "1972" the first time it appears in such section and inserting in lieu thereof "1973". (b) Section 310 of the Manpower Development and Training Act of 1962 (42 U.S.C. 2620) is further amended by striking out the colon and the following: '•Provided, That no disbursement of funds shall be made pursuant to the authority conferred under title II of this Act after December 30, 1972". SEC. 2. All real property of the United States which was transferred to the United States Postal Service and was, prior to such transfer, treated as Federal property for purposes of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), shall continue to be treated as Federal property for such purpose for two years beyond the end of the fiscal year in which such transfer occurred. Approved April 24, 1972. Public Law 92-278

April 24, 1972 [H. J. R e s. 6 8 7 ]

Father's Day. Designation authorization.

JOINT RESOLUTION To authorize the President to designate the third Sunday in.June of each year as Father's Day.

Resolved by the Senate and House of Representatives of the United States of America In Congress assembled. That the third Sunday in June of each year is hereby designated as ""Father's Day". The President is authorized and requested to issue a proclamation calling on the appropriate Government officials to display the flag of the United States on all Government buildings on such day, inviting the governments of the States and communities and the people of the United States to observe such day with appropriate ceremonies, and urging our people to offer public and private expressions of such day to the abiding love and gratitude which they bear for their fathers. Approved April 24, 1972. Public Law 92-279

April 26, 1972 [H. R. 9900]

Prisoners of war, Vietnam conflict. Income tax e x clusion. 68A Stat. 34; 80 Stat. 1165. 26 USC 112.

AN ACT To amend section 112 of the Internal Revenue Code of 19.54 to exclude from gross income the entire amount of the compensation of members of the Armed Forces of the United States and of civilian employees v^^ho are prisoners of war, missing in action, or in a detained status during the Vietnam conflict.

Be it enacted by the Senate and House of Representatives of the United States of America In Congress assembled, That section 112 of the Internal Revenue Code of 1954 (relating to certain combat pay of members of the Armed Forces) is amended by adding at the end thereof the following new subsection: " (d) PRISONERS or W A R, E T C. "(1) MEMBERS OF THE ARMED FORCES.—Gross

income does not include compensation received for active service as a member of the Armed Forces of the United States for any month during any

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part of which such member is in a missing status (as defined in section 651(2) of title 37, United States Code) during the Viet- so Stat. 625. nam conflict as a result of such conflict, other than a period with respect to which it is officially determined under section 552(c) of such title 37 that he is officially absent from his post of duty without authority. "(2) CiviLiAisr EMPLOYEES.—Gross income does riot include compensation received for active service as an employee for any month during any part of which such employee is in a missing status during the Vietnam conflict as a result of such conflict. For purposes of this paragraph, the terms 'active service', 'employee', and 'missing status' have the respective meanings given to such terms by section 5561 of title 5 of the United States Code. «« ^'^'' ^«^"(3) PERIOD or CONFLICT.—For purposes of this subsection, the Vietnam conflict began February 28, 1961, and ends on the date designated by the President by Executive order as the date of the termination of combatant activities in Vietnam. For purposes of this subsection, an individual is in a missing status as a result of the Vietnam conflict if immediately before such status began he was performing service in Vietnam or was performing service in Southeast Asia in direct support of military operations in Vietnam." SEC. 2. Section 3401(a)(1) of the Internal Revenue Code of 1954 ^9 stau 6^i6^. (defining wages for purposes of withholding) is amended to read as follows: "(1) for active service performed in a month for which such employee is entitled to the benefits of section 112 (relating to certain combat pay.of members of the Armed Forces of the United States); or". SEC. 3. (a)(1) The amendment made by the first section of this Effective date. Act shall apply to taxable years ending on or after February 28, 1961. (2) If refund or credit of any overpayment for any taxable year Refund. resulting from the application of the amendment made by the first section of this Act (including interest, additions to the tax, and additional amounts) is prevented at any time before the expiration of the applicable period specified in paragraph (3) by the operation of any law or rule of law, such refund or credit of such overpayment may, nevertheless, be made or allowed if claim therefor is filed before the expiration of such applicable period. (3) For purposes of paragraph (2), the applicable period for any petk)dl'''°*'^^ individual with respect to any compensation is the period ending on whichever of the following days is the later: (A) the day which is one year after the date of the enactment of this Act, or (B) the day which is 2 years after the date on which it is determined that the individual's missing status (within the meaning of section 112(d) of the Internal Revenue Code of 1954) has ^"^^' P- ^^4. terminated for purposes of such section 112. (b) The amendments made by section 2 shall apply to wages paid Effective date. on or after the first day of the first calendar month which begins more than 30 days after the date of the enactment of this Act. Approved April 26, 1972.

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Public Law 92-280 April 26, 1972 [H. R. 10344]

AN ACT To authorize the District of Columbia to enter into the I n t e r s t a t e Compact on Mental Health.

Be it enacted by the Senate and House of RepreHentaticeH of the Interstate Com- United States of America in Congress assembled, That this Act may HeaithAcl? ^ l^© clted as the "Interstate Compact on Mental Health Act*'. SEC. 2. The Commissioner of the District of Columbia is hereby authorized to enter into and execute on behalf of the District of Columbia an agreement with any State or States legally joining therein in the form substantially as follows: " THE IX T E K S T A T E C O M P ACT ON M E N T A L H E A L T H "ARTICLE I—PURPOSE AND FINDINGS

•'

.;.

"The party states find that the proper and expeditious treatment of the mentally ill and mentally deficient can be facilitated by cooperative action, to the benefit of the patients, their families, and society as a whoV. Further, the party states find that the necessity of and desirability for furnishing such care and treatment bears no primary relation to the residence or citizenship of the patient but that, on the contrary, the controlling factors of community safety and humanitarianism require that facilities and services be made available for all who ate in need of them. Consequently, it is the purpose of this compact and of the party states to provide the necessary legal basis for the institutionalization or other appropriate care and treatment of the mentally ill and mentally deficient under a system that recognizes the paramount importance of patient welfare and to establish the responsibilities of the party states in terms of such welfare. "ARTICLE II — DEFINITIONS

"As used in this compact: " (a) 'Sending state' shall mean a party state from which a patient is transported pursuant to the provisions of the compact or from which it is contemplated that a patient may be so sent. "(b) 'Receiving state' shall mean a party state to which a patient is transported pursuant to the provisions of the compact or to which it is contemplated that a patient may be so sent. "(c) 'Institution' shall mean any hospital or other facility maintained by a party state or political subdivision thereof for the care and treatment of mental illness or mental deficiency, and shall include Saint Elizabeth's Hospital in the District of Columbia. " (d) 'Patient' shall mean any person subject to or eligible as determined by the laws of the sending state, for institutionalization or other care, treatment, or supervision pursuant to the provisions of this compact. "(^e) 'After-care'shall mean care, treatment and services provided a patient, as defined herein, on convalescent status or conditional release. "(f) 'Mental illness' shall mean mental disease to such extent that a person so afflicted requires care and treatment for his own welfare, or the welfare of others, or of the community. " (g) 'Mental deficiency' shall mean mental deficiency as defined by appropriate clinical authorities to such extent that a person so afflicted is incapable of managing himself and his affairs, but shall not include mental illness as defined herein.

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fe?

" (h) 'State' shall mean any state, territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Eico. "ARTICLE III — E L I G I B I L I T Y AND PLACEMENT or PATIENTS

"(a) Whenever a person physically present in any party state shall be in need of institutionalization by reason of mental illness or mental deficiency, he shall be eligible for care and treatment in an institution in that state irrespective of his residence, settlement or citizenship qualifications. "(b) The provisions of paragraph (a) of this article to the contrary notwithstanding, any patient may be transferred to an institution in another state whenever there are factors based upon clinical determinations indicating that the care and treatment of said patient would be facilitated or improved thereby. Any such institutionalization may be for the entire period of care and treatment or for any portion or portions thereof. The factors referred to in this paragraph shall include the patient's full record with due regard for the location of the patient's family, character of the illness and probable duration thereof, and such other factors as shall be considered appropriate. " (c) No state shall be obliged to receive any patient pursuant to the provisions of paragraph (b) of this article unless the sending state has given advance notice of its intention to send the patient; furnished all available medical and other pertinent records concerning the patient; given the qualified medical or other appropriate clinical authorities of the receiving state an opportunity to examine the patient if said authorities so wish; and unless the receiving state shall agree to accept the patient. " (d) I n the event that the laws of the receiving state establish a system of priorities for the admission of patients, an interstate patient under this compact shall receive the same priority as a local patient and shall be taken in the same order and at the same time that he would be taken if he were a local patient. "(e) Pursuant to this compact, the determination as to the suitable place of institutionalization for a patient may be reviewed at any time and such further transfer of the patient may be made as seems likely to be in the best interest of the patient. "ARTICLE IV—AFTER-CARE OR SUPERVISION I N THE RECEIVING STATE

" (a) Whenever, pursuant to the laws of the state in which a patient is physically present, it shall be determined that the patient should receive after-care or supervision, such care or supervision may be provided in a receiving state. If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state shall have reason to believe that after-care in another state would be in the best interest of the patient and would not jeopardize the public safety, they shall request the appropriate authorities in the receiving state to investigate the desirability of affording the patient such after-care in said receiving state, and such investigation shall be made with all reasonable speed. The request for investigation shall be accompanied by complete information concerning the patient's intended place of residence and the identity of the person in whose charge it is proposed to place the patient, the complete medical history of the patient, and such other documents as may be pertinent. " (b) If the medical or other appropriate clinicarauthorities having responsibility for the care and treatment of the patient in the sending

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. PUBLIC LAW 92-280-APR. 26, 1972

[86 STAT.

state and the appropriate authorities in the receiving state find that the best interest of the patient would be served thereby, and if the public safety would not be jeopardized thereby, the patient may receive after-care or supervision in the receiving state. "(c) I n supervising, treating, or caring for a patient on after-care pursuant to the terms of this article, a receiving state shall employ the same standards of visitation, examination, care, and treatment that it employs for similar local patients. "ARTICLE V—ESCAPE or DANGEROUS OR POTENTIALLY DANGEROUS PATIENTS

"Whenever a dangerous or potentially dangerous patient escapes from an institution in any part^ state, that state shall promptly notify all appropriate authorities within and without the jurisdiction of the escape in a manner reasonably calculated to facilitate the speedy apprehension of the escapee. Immediately upon the apprehension -and identification of any such dangerous or potentially dangerous patient, he shall be detained in the state where found pending disposition in accordance with law. "ARTICLE VI—TRANSPORTING PATIENTS THROUGH PARTY STATES

"The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the patient, shall be permitted to transport any patient being moved pursuant to this compact through any and all states party to this compact, without interference. "ARTICLE VII — P A Y M E N T OF COSTS

" (a) No person shall be deemed a patient of more than one institution at any given time. Completion of transfer of any patient to an institution in a receiving state shall have the effect of making the person a patient of the institution in the receiving state. " (b) The sending state shall pay all costs of and incidental to the transportation of any patient pursuant to this compact, but any two or more party states may, by making a specific agreement for that purpose, arrange for a different allocation of costs as among themselves. "(c) No provision of this compact shall be construed to alter or affect any internal relationships among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor. " (d) Nothing in this compact shall be construed to prevent any party state or subdivision thereof from asserting any right against any person, agency or other entity in regard to costs for which such party state or subdivision thereof may be responsible pursuant to any provision of this compact. "(e) Nothing in this compact shall be construed to invalidate any reciprocal agreement between a party state and a non-parity state relating to institutionalization, care or treatment of the mentally ill or mentally deficient, or any statutory authority pursuant to which such agreements may be made. "ARTICLE VIII—GUARDIANS

" (a) Nothing in this compact shall be construed to abridge, diminish, or in any way impair the rights, duties, and responsibilities of any patient's guardian on his own behalf or in respect of any patient for which he may serve, except that where the transfer of any patient to

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another jurisdiction makes advisable the appointment of a supplemental or substitute guardian, any court of competent jurisdiction in the receiving state may make such supplemental or substitute appointment and the court which appointed the previous guardian shall upon being duly advised of the new appointment, and upon the satisfactory completion of such accounting and other acts as such court may by law require, relieve the previous guardian of power and responsibility to whatever extent shall be appropriate in the circumstances: Provided, hoicevet\ That in the case of any patient having settlement in the sending state, the court of competent jurisdiction in the sending state shall have the sole discretion to relieve a pruardiaii appointed by it or continue his power and responsibility, whichever it shall deem advisable. The court in the receiving state may, in its discretion, confirm or reappoint the person or persons previously serving as guardian in the sending state in lieu of making a supplemental or substitute appointment. "(b) The term 'guardian' as used in paragraph (a) of this article shall include any guardian, trustee, legal committee, conservator, or other person or agency however denominated who is charged by law with power to act for or responsibility for the person or property of a patient. "ARTICLE IX—INAPPLICABILITY or COMPACT TO PERSONS SUBJECT TO PENAL SENTENCE; POLICY AGAINST PLACEMENT OF PATIENTS IN PRISONS OR JAILS

''(a) Xo provision of this compact except Article V shall apply to any person institutionalized while under sentence in a penal or correctional institution or while subject to trial on a criminal charge, or whose institutionalization is due to the commission of an offense for which, in the absence of mental illness or mental deficiency, said person would be subject to incarceration in a penal or correctional institution. " (b) To every extent possible, it shall be the policy of states party to this compact that no patient shall be placed or detained in any prison, jail or lockup, but such patient shall, with all expedition, be taken to a suitable institutional facility for mental illness or mental deficiency. "ARTICLE X—COMPACT ADMINISTRATORS

" (a) Each party state shall appoint a'compact administrator'who, on behalf of his state, shall act as general coordinator of activities under the compact in his state and who shall receive copies of all reports, correspondence, and other documents relating to any patient processed under the compact by his state either in the capacity of sending or receiving state. The compact administrator or his duly designated representative shall be the official with whom other party states shall deal in any matter relating to the compact or any patient processed thereunder. "(b) The compact administrators of the respective party states shall have power to promulgate reasonable rules and regulations to carry out more effectively the terms and provisions of this compact. "ARTICLE XI—SUPPLEMENTARY AGREEMENTS

"The duly constituted administrative authorities of any two or more party states may enter into supplementary agreements for the provision of any service or facility or for the maintenance of any institution on a joint or cooperative basis whenever the states concerned shall find

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that such agreements will improve services, facilities, or institutional care and treatment in the fields of mental illness or mental deficiency, No such supplementary agreement shall be construed so as to relieve any party state of any obligation which it otherwise would have under other provisions of this compact. "ARTICLE X II — EFFECTIVE DATE OF COMPACT

"This compact shall enter into full force and effect as to any state when enacted by it into law and such state shall thereafter be a party thereto with any and all states legally joining therein. "ARTICLE XIII—^WITHDRAWAL FROM COMPACT

" (a) A state party to this compact may withdraw therefrom by enacting a statute repealing the same. Such withdrawal shall take effect one year after notice thereof has been communicated officially and in writing to the governors and compact administrators of all other party states. However, the withdrawal of any state shall not change the status of any patient who has been sent to said state or sent out of said state pursuant to the provisions of this compact. "(b) Withdrawal from any agreement permitted by Article X II (b) as to costs or from any supplementary agreement made pursuant to Article X I shall be in accordance with the terms of such agreement. "ARTICLE XIV—^CONSTRUCTION AND SEVERABILITY

Compact administrator, designation.

D. C. government, cooperation.

Supplementary agreements.

^

"This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters." SEC. 3. Pursuant to this compact, the Commissioner of the District of Columbia is hereby authorized and empowered to designate an officer who shall be the compact administrator and who, acting jointly with like officers of party States, shall have power to promulgate rules and regulations to carry out more effectively the terms of the compact. The coiiipact administrator is hereby authorized, empowered, and directed to cooperate with all departments, agencies, and officers of and in the government of the District of Columbia in facilitating the proper administration of the compact or of any supplementary agreement or agreements entered into by the District thereunder. SEC. 4. The compact administrator is hereby authorized and empowered to enter into supplementary agreements with appropriate officials of party States pursuant to articles VII and X I of the compact. I n the event that such supplementary agreements shall require or contemplate the use of any institution or facility of the District of Columbia or require or contemplate the provision of any service by the District of Columbia, no such agreement shall have force or effect until approved by the head of the department or agency under whose jurisdiction said institution or facility is operated or whose department or agency will be charged with the rendering of such service.

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1^1

SEC. 5. The compact administrator, subject to the approval of the Pay^^n^s. Commissioner or his designated agent, may make or arrange for any payments necessary to discharge any financial obligations imposed upon the District of Columbia by the compact or by any supplementary agreement entered into thereunder. SEC. 6. The compact administrator is hereby directed to consult with i^^J°s°^^'^ transthe immediate family of any proposed transferee and, in the case of ' ' a proposed transferee from an institution in the District of Columbia to an institution in a party State, to take no final action without approval of the Superior Court of the District of Columbia. SEC. 7. Duly authorized copies of this Act shall, upon its approval, di^°Hbuaon^'^*' be transmitted by the Commissioner or his designated agent to the Governor of each State, the Attorney General and the Administrator of General Services of the United States, and the Council of State Governments. Approved April 26, 1972. r.

Public Law 92-281

^

'

" ' "'

AN ACT

" ,

.,,,, „,,

April 26, 1972

To authorize the Commissioner of the District of Columbia to enter into agreements with teachers and other employees of the Board of Education of the District of Columbia for the purchase of annuitj' contracts.

Be it enacted by the Senate and House of Represe^itatives of the United States of America in Congress assembled, That (a) notwithstanding the provisions of section 1 of the District of Columbia Teachers' Salary Act of 1955 (D.C. Code, sec. 31-1501), and of any other law, or regulation affecting the salary of teachers or school officers employed in the service of the public schools of the District of Columbia, the Commissioner of the District of Columbia (hereinafter referred to as the "Commissioner") is authorized to enter into an agreement with a teacher or school officer to reduce the salary of that teacher or school officer by an amount requested by that teacher or school officer, and to contribute that amount for the purchase of an annuity contract described in section 403(b) of the Internal Revenue Code of 1954 (relating to the taxability of beneficiaries of annuity plans) for that teacher or school officiaL (b) The reduction in salary effected under an agreement authorized by this Act shall not be considered in computing the salary for any teacher or school officer for any other purpose including, but not limited to, the determination of benefits or contributions under chapters 81 (relating to workmen's compensation) and 87 (relating to life insurance) of title 5 of the United States Code. SEC. 2. The Commissioner shall prescribe such regulations as he deems necessary to carry out the purposes of this Act. SEC. 3. For the purposes of this Act, the term "teacher or school officer" includes all teachers, school officers, and other employees of the Board of Education of the District of Columbia who receive compensation according to the salary schedules under section 1 of the District of Columbia Teachers' Salary Act of 1955, and to whom the provisions of the Act entitled "An Act for the retirement of public school teachers in the District of Columbia", approved August 7, 1946 (D.C. Code, sec. 31-721 et seq.) are applicable. SEC. 4. This Act shall apply with respect to any pay period of any teacher or school officer beginning on or after the one hundred and eightieth day after the date of enactment of this Act. Approved April 26, 1972.

[H. R. 9395]

D.C. teachers. Tax-sheltered

annuuy program g/staf^ass^^'

'

^2 Stat. 1620. r

svoi"^^ ^^°^' Regulations. schJoromceT."

so Stat. 875; ^'E^fec'tive^date

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STAT.

Public Law 92-282 April 26, 1972 [s. J. Res. 169]

Law enforcement officers. Tribute. 75 Stat. 4 3. 36 USC 164.

JOINT RESOLUTION To pay tribute to law enforcement ofllcers of this country on Law Day, May 1, 1972. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That in the celebration of Law Day, May 1, 1972, special emphasis be given by a grateful people to the law enforcement officers of the United States of America for their unflinching and devoted service in helping to preserve the domestic tranquillity and guaranteeing to the individual his rights under the law. Approved April 26, 1972. Public Law 92-283

April 26, 1972 [S. 766]

Zinc. Disposal.

60 Stat. 596.

7 USC 1704 note.

Bids.

Exemptions.

AN ACT To authorize the disposal of zinc from the national stockpile and the supplemental stockpile. Be H enacted by the Senate and House of Representatives of the I'tilted States of America in Congress assembled, That the Administrator of General Services is hereby authorized to dispose of approximately five hundred and fifteen thousand two hundred short tons of zinc now held in the national stockpile established pursuant to the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98-98h) and the supplemental stockpile established pursuant to section 104(b) of the Agricultural Trade Development and Assistance Act of 1954, 68 Stat. 456, as amended by 73 Stat. 607. Such disposition may be made without regard to the requirements of section 3 of the Strategic and Critical Materials Stock Piling Act: Provided, That the time and method of disposition shall be nxed with due regard to the protection of the United States against avoidable loss and the protection of producers, processors, and consumers against avoidable disruption of their usual markets. SEC. 2, (a) Disposals of the material covered by this Act may be made only after publicly advertising for bids, except as provided in subsection (b) of this section or as otherwise authorized by law. All bids may be rejected when it is in the public interest to do so. (b) The material covered by this Act may be disposed of without advertising for bids if^(1) the material is to be transferred to an agency of the United States; (2) the Administrator determines that methods of disposal other than by advertising are necessary to protect the United States against avoidable loss or to protect producers, processors, and consumers against avoidable disruption of their usual markets; or (3) sales are to be made pursuant to requests received from other agencies of the United States in furtherance of authorized program objectives of such agencies. Approved April 26, 1972.

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Public Law 92-284 JOINT RESOLUTION " April 29, 1972 To extend the anthoritj- conferred by the E x p o r t Administration Act of 1969. [s. j. Res. 218]

Re-iolced by the Senate and House of Representatives of the United States of America in Congress assembled. That section 14 of the Export Aclministi-ation Act of 1969, as amended (Public Law 92-37; 85 Stat. 89), is amended by striking out "May 1, 1972" and inserting "August 1,

m

,-).; ^

50 USC

" •

^s Stat. 416.

i

app.

2413.

Approved April 29, 1972. Public Law 92-285 JOINT RESOLUTION Asking the President of the United States to declare the fourth S a t u r d a y of September 1972 "National H u n t i n g and Fishing Day".

May 1, 1972 [s. j. R e s. i i 7 ]

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the National HuntUnited States declare the fourth Saturday of September 1972 as '^l^^^^ "^ "''"«= " ''National Hunting and Fishing Day" to provide that deserved Designation national recognition, to recognize the esthetic, health, and recreational authorization. virtues of hunting and fishing, to dramatize the continued need for gun and boat safety, and to rededicate ourselves to the conservation and respectful use of our wildlife and natural resources. Approved May 1, 1972. Public Law 92-286 AN ACT To amend title 39, United States Code, to provide for the renewal of certain star route contracts. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 5005 (b)(2) of title 39, United States Code, is amended by striking out "holder" and inserting in lieu thereof "contractor or subcontractor". Approved May 1, 1972.

May 1, 1972 [s. 1989]

~

^f"" '"°"*^ Renewal, 84 Stat. 767.

Public Law 92-287 AN ACT Authorizing the conveyance of certain lands to the University of Utah, and for other purposes.

May 1, 1972 [s. 978]

Be It enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary ytah ^^^"^^^^^ °^ of the Interior is authorized and directed to establish, equip, operate, conveyance. and maintain a metallurgy research center on approximately 35 acres of land located on the Fort Douglas Military Reservation, Utah, which facility will serve as a replacement facility for that now located on the campus of the University of Utah, Salt Lake City, Utah. SEC. 2. To carry out the provisions of this Act, there is authorized Appropriation. to be appropriated such sums not to exceed $6,000,000 as may be necessary for the engineering, design, and construction of the research

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PUBLIC LAW 92-288-MAY 5, 1972

Land description.

Payment to U.S.

m '•

[86

STAT,

facility referred to in the first section of this Act, together with such equipment and apparatus, roads, and other improvements as may be necessary. SEC. 3. (a) Upon completion of the research facility authorized herein, the Secretary of the Interior is authorized to convey to the University of Utah the following described land situated on the campus of the University of Utah at Salt Lake City: Beginning at a point 480 feet south of the United States stone monument numbered 6 (monument numbered 6 is 876.31 feet south and 2,453.795 feet east, more or less, from the northwest corner of section numbered 4, township 1 south, range 1 east, Salt Lake meridian), running west 664.5 feet; thence north 640 feet; thence east 864.35 feet, thence south 0 degree, 00 minute, 50 seconds east 503.9 feet; thence south 55 degrees, 45 minutes, 00 second west 241.92 feet, more or less, to the point of beginning and containing 12.39 acres, more or less. (b) The conveyance authorized by this Act shall be subject to the condition that the State of Utah pay to the United States an amount equal to the fair market value, as determined by the Secretary of the Interior, of the fixed improvements on such land to be conveyed. Approved May 1, 1972. Public Law 92-288

May 5, 1972 [H. R. 8817]

Cooperative forestry programs. Expansion.

Appropriation. 76 Stat. 569. 16 USC 568d. Forest fire prevention, appropriation.

Repeal.

AN ACT To further cooperative forestry programs administered by the Secretary of Agriculture and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1 of the Cooperative Forest Management Act of August 25, 1950 (64 Stat. 473, as amended, 16 U.S.C. 568c), is amended to read as follows: "SECTION 1. The Secretary of Agriculture is hereby authorized to cooperate with State foresters or appropriate officials of the several States, Territories, and possessions for the purpose of encouraging the States, Territories, and possessions to provide technical services to private landowners, forest operators, wood processors, and public agencies, with respect to the multiple-use management and environmental protection and improvement of forest lands, the harvesting, marketing, and processing of forest products, and the protection, improvement, and establishment of trees and shrubs in urban areas, communities, and open spaces. All such technical services shall be provided in each State, Territory, or possession in accordance with a plan agreed upon in advance between the Secretary and the State forester or appropriate official of the State, Territory, or possession. The provisions of this Act and the plan agreed upon for each State, Territory, or possession shall be carried out in such manner as to encourage the utilization of private agencies and individuals furnishing services of the type described in this section." SEC. 2. Section 2 of the Cooperative Forest Management Act is amended by substituting "$20,000,000" for "$5,000,000" at the end of the first sentence. SEC. 3. (a) The second sentence of section 3 of the Clarke-McNary Act of June 7, 1924 (43 Stat. 653, 16 U.S.C. 566), as amended, is amended to read as follows: "There is authorized to be appropriated annually not more than $40,000,000 to enable the Secretary of Agriculture to carry out the provisions of sections 1,2, and 3 of this Act.". (b) Section 1 of the Act of October 26, 1949 (63 Stat. 909,16 U.S.C. 566a) is hereby repealed. Approved May 5, 1972.

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Public Law 92-289 JOINT RESOLUTION May 9, 1972 To authorize the President to issue a proclamation designating the month of [H. J. Res. 1029] May of 1972 as "National A r t h r i t i s Month".

Resolved by the Senate and House of Representatives of the United states of Amsrica in Congress assembled, That the President of the ^^^^^^^^^ ArthaUnited States is authorized and requested to issue a proclamation oesTgnation (1) designating the month of May of 1972 as "National Arthritis authorization. Month", (2) inviting the Governors of the several States to issue proclamations for like purposes, and (3) urging the people of the United States, and educational, philanthropic, scientific, medical, and health care professions and organizations to provide the necessary assistance and resources to discover the causes and cures of arthritis ^^-^,,^, ^,,^ and rheumatic diseases and to alleviate the suffering of persons struck by these diseases. Approved May 9, 1972. Public Law 92-290 JOINT RESOLUTION To provide for the appointment of A. I>eon Higginhothani. Junior, as citizen regent of the Board of Regents of the Smithscmian Institution.

May 11, 1972 I • J- ^s- 73]

Resoh'ed by the Senate and House of Representatives of the United States of Ametica in Congress assembled. That A. Leon Higgin- ^ Smithsonian botham, Junior, a resident of Philadelphia, Pennsylvania, be appointed a member of the Board of Regents of the Smithsonian Institution, of the class other than Members of Congress, for the statutory term of six years. Approved May 11, 1972. Public Law 92-291 JOINT RESOLUTION To provide for the appointment of.Tohn Paul Austin as citizen regent of the Board of Regents of the Smithsonian Institution.

May 11, 1972 [S- J- Res. 174]

Resolved by the Senate and House of Representatives of the United States of America In Congress assembled. That John Paul Austin, of Smithsonian Atlanta, Georgia, be appointed a member of the Board of Regents of the Smithsonian Institution, of the class other than Members of Congress, for the statutory term of six years. Approved May 11, 1972. Public Law 92-292 JOINT RESOLUTION To provide for the appointment of Robert Francis Goheen a s citizen regent of the Board of Regents of the Smithsonian Institution.

May u, 1972 [S. j. Res. 175]

Resolved by the Senate and House of Representatives of the United States of America In Congress assembled, That Robert Francis ^ Smithsonian Goheen, of Princeton, New Jersey, be appointed a member of the Institution. Board of Regents of the Smithsonian Institution, of the class other than Members of Congress, for the statutory term of six years. Approved May 11, 1972. 82-081 0 - 7 3 - 1 2

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[86

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Public Law 92-293 May 11, 1972 [S.2713]

N a r c o t i c add i c t s on parole or probation, treatment. 62 Stat. 842. 80 Stat. 1442. 84 Stat. 1240.

P a r o l e, condition. 62 Stat. 854; 84 Stat. 1090. 65 Stat. 98.

Repeal. 58 Stat. 699; 84 Stat. 1240. 42 USC 259.

AN ACT To amencl title 18 of the United States Code to authorize the Attorney General to provide care for narcotic addicts who a r e placed on probation, released on parole, or mandatorily released.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 3651 of title 18 of the United States Code is amended by inserting the following paragraph before the last one: "The court may require a person who is an addict within the meaning of section 4251(a) of this title, or a drug dependent person within the meaning of section 2(q) of the Public Health Service Act, as amended (42 U.S.C. 201), as a condition of probation, to participate in the community supervision programs authorized by section 4255 of this title for all or part of the period of probation: Provided, That the Attorney General certifies a suitable program is available. If the Attorney General determines that the person's participation in the program should be terminated, because the person can derive no further significant benefits from participation or because his participation advereely affects the rehabilitation of other participants, he shall so notify the court, which shall thereupon, by order, make such other provision with respect to the person on probation as it deems appropriate." SEC. 2. Section (a) of section 4203 of such title is amended by inserting the following paragraph between the third and fourth: "The Board may require a parolee, or a prisoner released pursuant to section 4164 of this title, who is an addict within the meaning of section 4251(a) of this title, or a drug dependent person within the meaning of section 2(q) of the Public Health Service Act, as amended (42 L'.S.C. 201), as a condition of parole or release to participate in the community supervision programs authorized by section 4255 of this title for all or part of the period of parole: Provided, That the xA.ttorney General certifies a suitable program is available. If the Attorney General determines that the person's participation in the program should be terminated, because the person can derive no further significant benefits from participation or because his participation adversely affects the rehabilitation of other participants, he shall so notif J the Board of Parole, which shall thereupon make such other provision with respect to the person as it deems appropriate." SEC. 3. Subsection 343(b) of part E of title III of the Public Health Service Act is repealed. Approved May 11, 1972.

Public Law 92-294 M,fi 1Q70 May 16, 1972 [S.2676]

National Sickle

AN ACT , . •,., i ^ • i, To amend the Public Health Service Act to provide tor the control of sickle cell anemia.

Be it enacted by the Senate and House of Representatives Fnited States of Ame/'ica in Congress assembled.

Cell Anemia Control Act.

of the

•' SHORT TITLE

1. This Act shall be cited as the "National Sickle Cell .Vnemia Control Act". SECTION

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F I N D I N G S A N D DECLARATION OF PURPOSE

SEC. 2. (a) The Congress finds and declares— (1) that sickle cell anemia is a debilitating^ inheritable disease that afflicts approximately two million American citizens and has been largely neglected; (2) that the disease is a deadly and tragic burden which is likely to strike one-fourth of the children born to parents who both bear the sickle cell trait; (3) that efforts to prevent sickle cell anemia must be directed toward increased research in the cause and treatment of the disease, and the education, screening, and counseling of carriers of the sickle cell t r a i t; (4) that simple and inexpensive screening tests have been devised which will identify those who have the disease or carry the t r a i t; (5) that programs to control sickle cell anemia must be based entirely upon the voluntary cooperation of the individuals involved; and (6) that the attainment of better methods of control, diagnosis, and treatment of sickle cell anemia deserves the highest priority. (b) I n order to preserve and protect the health and welfare of all citizens, it is the purpose of this Act to establish a national program for the diagnosis, control, and treatment of, and research in, sickle cell anemia. AMENDMENTS TO P U B L I C H E A L T H SERVICE ACT

SEC. 3. (a) Section 1 of the Public Health Service Act is amended g/statf'iso^e!' by striking out "titles I to X " and inserting in lieu thereof "titles 42 USC 201* I to X I ". n°te. (b) The Act of July 1, 1944 (58 Stat. 682), as amended, is amended by renumbering title X I (as in effect prior to the enactment of this Act) as title X II, and by renumbering sections 1101 through 1114 (as in effect prior to the enactment of this Act), and references thereto. as sections 1201 through 1214, respectively. (c) The Public Health Service Act is further amended by adding after title X the following new title: 42 USC 300. "TITLE X I — S I C K L E C E L L A N E M I A P R O G R A M "SICKLE

CELL

A N E M I A S C R E E N I N G A N D C O U N S E L I N G PROGRAMS INFORMATION A N D EDUCATION PROGRAMS

AND

"SEC. 1101. (a)(1) The Secretary may make grants to public and nonprofit private entities, and may enter into contracts with public and private entities, for projects for the establishment and operation of voluntary sickle cell anemia screening and counseling programs, primarily through other existing health programs. "(2) The Secretary shall carry out a program to develop information and educational materials relating to sickle cell anemia and to disseminate such information and materials to persons providing health care and to the public generally. The Secretary may carry out such program through grants to public and nonprofit private entities or contracts with public and private entities and individuals. " (3) I n making any grant or contract under this title, the Secretary shall (1) take into account the number of persons to be served by the program supported by such grant or contract and the extent to which rapid and effective use will be made of funds under the grant or

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Appropriation.

[86 STAT.

contract; and (2) give priority to programs operating in areas which the Secretary determines have the greatest number of persons in need of the services provided under such programs. "(b) For the purpose of making payments pursuant to grants and contracts under this section, there are authorized to be appropriated $20,'000,000 for the fiscal year ending June 30, 1973, $30,000,000 for the fiscal year ending June 30, 1974, and $35,000,000 for the fiscal year ending June 30, 1975., • ... •

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Appropriation.

"SEC. 1102. (a) The Secretary may make grants to public and nonprofit private entities, and may enter into contracts with public and private entities and individuals, for projects for (1) research and research training in the diagnosis, treatment, and control of sickle cell anemia, (2) the development of programs to educate the public regarding the nature and inheritance of the sickle cell trait and sickle cell anemia, and (3) the development of sickle cell anemia counseling and testing programs and other programs for diagnosis, control, and treatment of sickle cell anemia. "(b) For the purpose of making payments pursuant to grants and contracts under this section, there are authorized to be appropriated .$5,000,000 for the fiscal year ending June 30, 1973, $10,000,000 for the fiscal year ending June 30, 1974, and $15,000,000 for the fiscal year ending June 30, 1975. "VOLUNTARY PARTICIPATION

"SEC. 1103. The participation by any individual in any program or portion thereof under this title shall be wholly voluntary and shall not be a prerequisite to eligibility for or receipt of any other service or assistance from, or to participation in, any other program. •APPLICATIONS;

ADMINISTRATION

OF

GRANT

AND

CONTRACT

PROGRAMS

"SEC. 1104. (a) A grant under this title may be made upon application to the Secretary at such time, in such manner, containing and accompanied by such information, as the Secretary deems necessary. Each applicant shall— "(1) provide that the programs and activities for which assistance under this title is sought will be administered by or under the supervision of the applicant; " (2) provide for strict confidentiality of all test results, medical records, and other information regarding screening, counseling, or treatment of any person treated, except for (A) such information as the patient (or his guardian) consents to be released; or (B) statistical data compiled without reference to the identity of any such patient; (3) provide for appropriate community representation in the development and operation of any program funded by a grant under this title; "(4) in the case of an application for a grant under section 1101(a)(1), provide assurances satisfactory to the Secretary that (A) the screening and counseling services to be provided under the program for which the application is made will be directed first to those persons who are entering their child-producing years, and secondly to children under the age of 7, and (B) appropriate arrangements have been made to provide counseling to persons found to have sickle cell anemia or the sickle cell trait;

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"(5) set forth such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for Federal funds paid to the applicant under this title; and "(6) provide for making such reports in such form and containing such information as the Secretary may reasonably require. shall (1) take into account the number of persons to be served by the program supported by such grant or contract and the extent to which rapid and effective use will be made of funds under the grant or contra<;t; and (2) give priority to programs operating in areas which the Secretary determines have the greatest number of persons in need of the services provided under such programs. ((PUBLIC
 * ' (b) I n making any grant or contract under this title, the Secretary

HEALTH SERVICE FACILITIES

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"SEC. 1105. The Secretary shall establish a program within the Public Health Service to provide for voluntary sickle cell anemia screening, counseling, and treatment. Such program shall be made available through facilities of the Public Health Service to any person requesting screening, counseling, or treatment, and shall include appropriate publicity of the availability and voluntary nature of such programs. "EEPORTS

"SEC. 1106. (a) The Secretary shall prepare and submit to the President for transmittal to the Congress on or before April 1 of each year a comprehensive report on the administration of this title. " (b) The report required by this section shall contain such recommendations for additional legislation as the Secretary deems necessary." Approved May 16, 1972. Public Law 92-295 AN ACT To provide for the clisiX)sition of funds appropriated to imy a jndguieiit in favor of the Jiearilla Apache Tribe in Indian Claims Commission docket numbered 22-A, and for other purposes.

May 16, 1972 [ H. R. 9019]

Be it enacted by the Senate and House of Representatives of the Ignited States of America in Congress assembled, That the funds Indians. appropriated to pay a judgment to the Jiearilla Apache Tribe in Tribe^'^N^lwtx^'^*'^ Indian Claims Commission docket numbered 22-A, together with the judgment funds. interest thereon, after payment of attorney fees and other litigation expenses, may be advanced, expended, invested, or reinvested for any purpose that is authorized by the tribal governing body and approved by the Secretary of the Interior. SEC, 2. Sums payable to enrollees or their heirs or legatees who are less than eighteen years of age or who are under a legal disability shall be paid in accordance with such procedures, including the establishment of trusts, as the Secretary of the Interior determines appropriate to protect the best interests of such persons. SEC. 3. None of the funds distributed per capita under the provi- Tax exemption. sions of this Act shall be subject to Federal or State income taxes. SEC. 4. The Secretary of the Interior is authorized to prescribe rules Rules and and regulations to carry out the provisions of this Act. regulations. Approved May 16, 1972.

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Public Law 92-296 May 16, 1972 [H, R.11589]

Certain passenger v e s s e l s. Foreign s a l e. 75 Stat. 89. 46 USC 1183.

Approval conditions.

49 Stat. 1985. 46 USC 1245.

53 Stat. 1255; 70 Stat. 985. 40 Stat. 901; 79 Stat. 1305. Surety bond.

Agreement, enforcement.

SS United States, purchase.

AN ACT To authorize the foreign sale of certain passenger vessels.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Notwithstanding any other provision of law or of prior contract with the United States, any vessel heretofore operated as a passenger vessel, as defined in section 613(a) of the Merchant Marine Act, 1936, as amended, under an operating-differential subsidy contract with the United States and now in inactive or lay up status, except the steamship Independence and the steamship United States, may be sold and transferred to foreign ownership, registry, and flag, with the prior approval of the Secretary of Commerce. Such approval shall require (1) approval of the purchaser; (2) payment of existing debt and private obligations related to the vessel; (3) approval of the price, including terms of payment, for the sale of the vessel; (4) the seller to enter into an agreement with the Secretary whereby an amount equal to the net proceeds received from such sale in excess of existing obligations and expenses incident to the sale shall within a reasonable period not to exceed twelve months of receipt be committed and thereafter be used as equity capital for the construction of new vessels which the Secretary determines are built to effectuate the purposes and policy of the Merchant Marine Act, 1936, as amended; and (5) the purchaser to enter into an agreement with the Secretary, binding upon such purchaser and any later owner of the vessel and running with title to the vessel, that (a) the vessel will not carry passengers or cargo in competition, as determined by the Secretary, with any United States-flag passenger vessel for a period of two years from the date the transferred vessel goes into operation; (b) the vessel will be made available to the United States in time of emergency and just compensation for title or use, as the case may be, shall be paid in accordance with section 902 of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1242); (c) the purchaser will comply with such further conditions as the Secretary may impose as authorized by sections 9, 37, and 41 of the Shipping Act, 1916, as amended (46 U.S.C. 808, 835, and 839); and (d) the purchaser will furnish a surety bond in an amount and with a surety satisfactory to the Secretary to secure performance of the foregoing agreements. I n addition to any other provision such agreements may contain for enforcement of (4) and (5) above, the agreements therein required may be specitically enforced by decree for specific performance or injunction in any district court of the United States. In the agreement with the Secretary thes purchaser shall irrevocably appoint a corporate agent within the United States for service of process upon such purchaser in any action to enforce the agreement. SEC. 2. The Secretary of Commerce is authorized and directed to purchase the steamship United States, as is, where is, at the depreciated cost of the vessel to the owner, as determined by the Secretary of Commerce, less the unpaid principal and interest on the mortgage on the vessel, for layup in the National Defense Keserve Fleet and operation for the account of any agency or department of the United States during any period in which vessels may be requisitioned under section 902 of the Merchant Marine Act, 1936, and/or for sale or charter to

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a qualitied operator for operation under the American flag. The depre- ^o^t^com'^^urfio elated cost of the vessel to the owner shall be computed on the schedule ''°* '^O'^P" adopted by the Internal Revenue Service for income tax purposes. Such determination shall be final. The Secretary of Commerce shall require the owner of the vessel to agree that it will pay all existing private obligations related to the vessel, and that it will commit an amount equal to the net proceeds received from such sale in excess of existing obligations and expenses incident to the sale, within a reasonable period not to exceed twelve months of leceipt. as equity capital for the construction of new vessels which the Secretary determines are built to effectuate the purposes and policy of the Aierchant Marine Act, 1936, as amended. 49 Stat. 1985. '

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Approved May 16, 1972. Public Law 92-297 AN ACT To amend title 5, United States Code, to provide a career program for, and greater flexibility in management of, air traflic controllers, and for other Be it enacted by the Senate and House of Representatives of the purposes.

United States of America in Congress assembled, That (a) chapter 21 of title 5, United States Code, is amended by adding the following new section at the end thereof:

May 16, 1972 [H. R. 8083] Air traffic controller career programs.

so Stat. 408 5 USC 2101

"§ 2109. Air traffic controller " For the purpose of this title, 'air traffic controller' or 'controller' means an employee of the Department of Transportation who is actively engaged in the separation and control of air traffic, or who is the immediate supervisor of an employee actively engaged in the separation and control of air traffic, in an air traffic control facility. The Secretary of Transportation may prescribe regulations to determine the application of this section.". (b) The analysis of chapter 21 of title 5, United States Code, is amended by adding the following new item at the end thereof: •'2109. Air traffic controller.".

SEC. 2. (a) Section 3307 of title 5, United States Code, is amended to read as follows: "§ 3307. Competitive service; maximumrage entrance requirements; exceptions " (a) Except as provided in subsections (b) and (c) of this section, appropriated funds may not be used to pay an employee who establishes a maximum-age requirement for entrance into the competitive service, "(b) The Secretary of Transportation may, with the concurrence of such agent as the President may designate, determine and fix the maximum limit of age within which an original appointment to a position as an air traffic controller may be made.

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5 USC 3301.

[86 STAT.

"(c) The Secretary of the Interior may determine and fix the minimum and maximum limits of age within which original appointments to the United States Park Police may be made.". (b) Item 3307 of the analysis of chapter 33 of title 5, United States Code, is amended to read as follows: "3307. Competitive service; maximum-age entrance requirements; exceptions.". SEC. 3. (a) Chapter 33 of title 5, United States Code, is amended by adding the following new subchapter at the end thereof: "SUBCHAPTER VII—AIR T R A F F I C CONTROLLERS

t;S-

^\st^^' ^144* Expe'nse reimbursement. 5 USC 4101. 5 TTcr^ 5701, c u s e =-7^1

"§ 3381. Training " (a) An air traffic controller with 5 years of service as a controller who is to be removed as a controller because the Secretary of Transportation has determined— "(1) he is medically disqualified for duties as a controller; "(2) he is unable to maintain teclinical proficiency as a controller; or "(3) such removal is necessary for the preservation of the physical or mental health of the controller; is entitled to not more than the full-time equivalent of 2 years of training. "(b) During a period of training under this section, a controller shall be— "(1) retained at his last assigned grade and rate of basic pay as a controller; "(2) entitled to each increase in rate of basic pay provided under law; and "(3) excluded from staffing limitations otherwise applicable. "(c) Upon completion of training under this section, a controller may be— "(1) assigned to other duties in the Department of Transportation; "(2) released for transfer to another Executive agency; or "(3) involuntarily separated from the service. The involuntary separation of a controller under this subsection is not a removal for cause on charges of misconduct, delinquency, or inefficiency for purposes of section 5595 or section 8336 of this title. " (d) The Secretary, without regard to section 529 of title 31, may p^y^ or rcimburse a controller for, all or part of the necessary expenses of training provided under this section, including expenses authorized to be paid under chapter 41 and subchapter I of chapter 57 ^^ ^j^.^ title, and the costs of other services or facilities directly related to the training of a controller. "(e) Except as provided by subsection (d) of this section, the provisions of chapter 41 of this title, other than sections 4105(a), 4107 (a) and (b), and 4111, shall not apply to training under this section. "(f) The provisions of this section shall not otherwise affect the authority of the Secretary to provide training under chapter 41 of this title or under any other provision of law. "§3382. Involuntary separation for retirement "An air traffic controller who is eligible for immediate retirement under section 8336 of this title may be separated involuntarily from

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the service if the Secretary of Transportation determines that the separation of the controller is necessary m the interest of— "(1) aviation safety; " (2 ^ the efficient control of air traffic; or "(3) the preservation of the physical or mental health of the controller. Chapter 75 of this title does not apply to a determination or action under this section. Separation under this section shall not become final, without the consent of the controller, until the last day of the second month following the day the controller receives a notification of the determination by the Secretary under this section, or, if a review is requested under section 3383 of this title, the last day of the month in which a final decision is issued by a board of review under section 3383(c) of this title, whichever is later. A controller who is to be separated under this section is entitled to training under section 3381 of this title. Separation of such a controller who elects to receive training under section 3381 shall not become final until the last day of the month following the completion of his training. "§ 3383. Determinations; review procedures " (a) An air traffic controller subject to a determination by the Secretary of Transportation under section 3381(a) or section 3382 of this title, shall be furnished a written notice of the determination and the reasons therefor, and a notification that the controller has 15 days after the receipt of the notification within which to file a written request for reconsideration of the determination. Unless the controller files such a request within the 15 days, or unless the determination is rescinded by the Secretary within the 15 days, the determination shall be final. "(b) If the Secretary does not rescind his determination within 15 days after his receipt of the written request filed by the controller under subsection (a) of this section, the Secretary shall immediately convene a board of review, consisting of— "(1) a person designated by the controller; "(2) a representative of the Department of Transportation designated by the Secretary; and "(3) a representative of the Civil Service Commission, designated by the Chairman, who shall serve as chairman of the board of review. "(c) The board of review shall review evidence supporting and inconsistent with the determination of the Secretary and, within a period of 30 days after being convened, shall issue its findings and furnish copies thereof to the Secretary and the controller. The board may approve or rescind the determination of the Secretary. A decision by the board under this subsection is final. The Secretary shall take such action as may be necessary to carry out the decision of the board. " (d) Except as provided under section 3382 of this title, the reviewprocedure of this section is in addition to any other review or appeal procedures provided under any other provision of law, but is the sole and exclusive administrative remedy available to a controller within the Department of Transportation. "§3384. Regulations "The Secretary of Transportation is authorized to issue regulations to carry out the provisions of this subchapter. "§ 3385. Effect on other authority "This subchapter shall not limit the authority of the Secretary of Transportation to reassign temporarily an air traffic controller to other duties with or without notice, in the interest of the safe or efficient separation and control of air traffic or the physical or mental health

5 USC 7501.

Review board.

Membership.

Findings, copies to Secretary and controller.

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