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PUBLIC LAW 92-297-MAY 16, 1972

[86

STAT.

of a controller; or to reassign permanently or separate a controller under any other provision of law.". (b) The analysis of chapter 33 of title 5, United States Code, is amended by adding the following new items at the end thereof: "SUBCHAPTER VII—AIR TRAFFIC CONTROLLERS "Sec. "3381. "3382. "3383. "3384. "3385. Mandatory separation, 80 Stat. 571. Exemption.

Notification. Effective date.

Annuity qualification.

Annuity computation. 80 Stat. 574; 83 Stat. 139.

Supra. Limitation. Civil Service Retirement. 80 Stat. 564. 5 USC 8331. 84 Stat. 1191.

83 Stat. 138. Supra,

Training. Involuntary separation for retirement. Determinations; review procedures. Reguations. Effect on other authority.".

SEC. 4. Section 8335 of title 5, United States Code, is amended by inserting the following new subsection at the end t;hereof: "(f) An air traffic controller shall be separated from the service on the last day of the month in which he becomes 56 years of age. The Secretary of Transportation, under such regulations as he may prescribe, may exempt a controller having exceptional skills and experience as a controller from the automatic separation provisions of this subsection until that controller becomes 61 years of age. The Secretary of Transportation shall notify the controller in writing of the date of separation at least 60 days before that date. Action to separate the controller is not effective, without the consent of the controller, until the last day of the month in which the 60-day notice expires.". SEC. 5. Section 8336 of title 5, United States Code, is amended— (1) by redesignating subsections (e), (f), and (g) as subsections " (f) ", " (g) ", and " (h) ", respectively; and (2) by inserting after subsection (d) the following new subsection (e): "(e) An employee who is voluntarily or involuntarily separated from the service, except by removal for cause on charges of misconduct or delinquency, after completing 25 years of service as an air traffic controller or after becoming 50 years of age and completing 20 years of service as an air traffic controller, is entitled to an annuity.". SEC. 6. Section 8339 of title 5, United States Code, is amended— (1) by redesignating subsections (e), (f), (g), (h), (i), (j), (k), (1), and (m) as subsections " (f) ", " (g) ", " (h) ", " (i) ", " (j) ", " (k) ", "(1)", " (m) ", and " (n) ", respectively; and (2) by inserting after subsection (d) the following new subsection (e): "(e) The annuity of an employee retiring under section 8336(e) of this title is computed under subsection (a) of this section. That annuity may not be less than 50 percent of the average pay of the employee.". SEC. 7. Subchapter III of chapter 83 of title 5, United States Code, is amended— (1) by striking out the reference "8339(h)" each place it appears in section 8332(b)(3) and (8), and by inserting the reference "8339 (i) " in place thereof; (2) by striking out the reference "section 8339(m) " in section 8334(g)(5), and inserting the reference "section 8339(n) " in place thereof; (3) by amending section 8339— (A) by striking out the reference "subsections (a) - (d) " in redesignated subsection (f), and inserting the reference "subsections (a) - (e) " in place thereof; (B) by striking out the references "subsections (a), (b), and (e)", "subsections (c) and (e)", and "section 8336(f)", in redesignated subsection (h), and by inserting the references "subsections (a), (b), and (f)", "subsections (c) and (f) ", and "section 8336(g)", respectively, in place thereof;

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PUBLIC LAW 92-297-MAY 16, 1972

145

(C) by striking out the reference "subsections (a) - (g) " in redesignated subsection (i), and inserting the reference •'subsections (a) - (h) " in place thereof; (D) by striking out the reference "subsections (a) - (h) " in redesignated subsection (j), and inserting the reference "subsections (a) - (i) " in place thereof; (E) by striking out the references "subsections (a) - (h) " and "subsection (i) " in redesignated subsection (k), and inserting the references "subsections (a) - (i) " and "subsection (j)", respectively in place thereof; (F) by striking out the reference "subsections (a) - (j) " in redesignated subsection (1), and inserting the reference "subsections (a) - (k) " in place thereof; and (G) by striking out the references "subsections (a) - (d) " and "subsection (e)", in redesignated sub3ection (n), and inserting the references "subsections (a) - (e) " and "subsection (f)", respectively, in place thereof; Survivor annui(4) b ^ amending section 8341— s (i) by striking out the references "section 8339(a) - (h) ", t i e80. Stat. 577; "section 8339(i)", and "section 8339(j)" in subsection (b), 84 Stat. 1961. and inserting the references "section 8339(a) - (i) ", "section Ante, p. 144. 8339(j)", and "section 8339(k)" respectively, in place thereof; (ii) by striking out the reference "section 8339(j)" in subsection (c), and inserting the reference "section 8339(k) " in place thereof; and (iii) by striking out the reference "section 8339(a) - (e) and (h) " in subsection (d), and inserting the reference "section 8339(a) - (f) and (i) " in place thereof; and (5) by amending section 8344(a) — (A) by striking out the reference "section 8339(a), (b), (d), (g), and (h) " in subparagraph (A) and inserting the reference "section 8339(a), (b), (d), (e), (h), and (i) " in place thereof; and (B) by striking out the references "section 8339(i) of section 8339(j)(2) " in the sentence following immediately below clause (ii), and inserting the references "section 8339 (j) or section 8339(k)(2) " in place thereof. Nonapplic ability. SEC. 8. Section 8335(f) of title 5, United States Code, as added by Ante, p. 144. this Act, does not apply to a person appointed as an air traffic controller by the Department of Transportation before the date of enactment of this Act. Report SEC. 9. The Secretary of Transportation shall make a report to C o n g r e s s.to the Congress of his operations under the amendments made by this Act. The report shall include a detailed statement of the effectiveness of this Act in meeting the needs of the air traffic controller career program and of the air traffic control system, and any recommendations which the Secretary considers necessary or desirable for sound management of the program or the system. The Secretary shall make his report not later than 5 years after the date of enactment of this Act. SEC. 10. This Act shall become effective at the beginning of the Effective date. ninetieth day after the date of enactment of this Act. SEC. 11. The Act of September 26, 1969 (Public Law 91-73; 83 Stat. R e p e a l. 116), relating to age limits in connection with appointments to the n o5 eu s e 3307 t. United States Park Police, is repealed effective at the end of the Effective date. eighty-ninth day after the date of enactment of this Act. Approved May 16, 1972.

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


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PUBLIC LAW 92-298-MAY 17, 1972 ' Public Law 92-298

May 17, 1972 [H. R. 13753]

Prevailing Rate Equalization Adjustment Act of 1972.

12 USC 1904 note. 3 CFR 1971 Comp,, pp. 199, 218.

80 Stat. 4 7 1. Retroactive pay. Congress, pay adjustments. 2 USC 60a note.

84 Stat. 1946. 5 USC 5305 note.

[86 STAT. '•.^;

AN ACT " To provide equitable wage adjustments for certain prevailing i*ate employees of the Government.

Be it enacted by the Senate and House of Repfe-HentatireH of the United States of America in Congress aHsembled, That this Act may be cited as the "Prevailing Rate Equalization Adjustment Act of 1972'-. SEC. 2. (a) Notwithstanding any other provision of law or any provision of an Executive order or regulation, a wage schedule adjustment for employees of the Government of the United States whose pay is fixed and adjusted from time to time in accordance with prevailing rates— (1) if based on a wage survey ordered to be made on or after August 15, 1971, but not placed into effect before November 14, 1971, by reason of the provisions of Executive Order 11615 or Executive Order 11627; or (2) if based on a wage survey which had been scheduled to be made during the period beginning on September 1, 1971, and ending on January 12, 1972, and which was ordered to be made on or after January 13, 1972; shall be effective on the date on which such wage schedule adjustment would have been effective under section 5343 of title 5, United States Code, had the fiscal year 1972 schedule for wage surveys for such employees been followed. (b) Retroactive pay made under the provisions of this section will be made in accordance with section 5344 of title 5, United States Code. SEC. 3. (a) The last sentence of section 4(a) of the Act of January 8, 1971 (84 Stat. 1952; Public Law 91-656), is amended to read as follows: "Such rates, limitations, and allowances adjusted by the President pro tempore shall become effective on the first day of the month in which any adjustment becomes effective under such section 5305 or section 3(c) of this Act.". (b) Paragraph (1) of section 5(a) of the Act of January 8, 1971 (84 Stat. 1952; Public Law 91-656), is amended to read as follows: "(1) effective on the first day of the month in which such pay adjustment by the President is made effective as described above, shall adjust—". Approved May 17, 1972. Public Law 92-299

May 18, 1972 [S. J. Res. 234]

JOINT RESOLUTION Deploring the attempted assassination of Governor Alabama.

(Jeorge C. Wallace of

Whereas (jovernor George C Wallace of Alabama was shot and critically wounded on May 15, 1972, by a would-be assassin; and Whereas this act of violence is deplored and universally condemned by all Americans; and Whereas the people of the Nation are shocked that this tragedy could occur and that our democratic processes are fraught with such danger to those who actively participate therein; and

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PUBLIC LAW 9 2 - 3 0 0 - M A Y 18, 1972

147

Whereas all Americans are saddened at this tragedy and sympathize deeply with Governor Wallace and his family and pray for his recovery: Xow, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the attempted ^^°- °^°8^ ^• assassination of Governor Wallace is deeply deplored and con- ^ ^"^ °^ ^^^' demned; and That Governor Wallace has the best wishes and prayers of all citizens for his speedy recovery; and That the Wallace family is extended the sympathy and encouragement and best wishes of all members of Congress, the distinguished Vice President and the President of the United States. Approved May 18, 1972. Public Law 92-300 AN ACT

jyjgy jg^ jg72

To authorize the Secretiiry of Agriculture to establijsh a volunteers in the national forests program, and for other jmrposes.

[s. 1379]

He It enacted by the Semite and House of Repi'esent<itires of the United States of America in Congress assembled, That the Secretary of Agriculture (hereinafter referred to as the "Secretary") is authorized to recruit, train, and accept without regard to the civil service classification laws, rules, or regulations the services of individuals without compensation as volunteers for or in aid of interpretive functions, visitor services, conservation measures and development, or other activities in and related to areas administered by the Secretary through the Forest Service. In carrying out this section, the Secretary shall consider referrals of prospective volunteers made by ACTION. SEC. 2. The Secretary is authorized to provide for incidental expenses, such as transportation, uniforms, lodging, and subsistence. SEC. 3. (a) Except as otherwise provided in this section, a volunteer shall not be deemed a Federal employee and shall not be subject to the provisions of law relating to Federal employment, including those relating to houi"s of work, rates of compensation, leave..unemployment compensation, and Federal employee benefits. (b) For the purpose of the tort claim provisions of title 28 of the T'liited States Code, a volunteer under this Act shall be considered a Federal employee. (c) For the purposes of subchapter I of chapter 81 of title 5 of the United States Code, relating to compensation to Federal employees for work injuries, A'olunteers under this Act shall be deemed civil employees of the United States within the meaning of the term "employee"' as defined in section 8101 of title 5, United States Code, and the provisions of that subchapter shall apply. SEC. J-. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act, but not more than $100,000 shall be appropriated in any one year. SEC..). This Act may be cited as the "Volunteers in the Xational Forests Act of 1<)72'*. Approved May 18, 1972.

jhlNa^^^^T ^" ForestsTc^t of ^^72.

Incidential expenses.

Non-Federai ^^^ °^^^' i •"^* '^ ^xJ^^J^"^ *""" 28 USC 267i ^' ^ ^^f ' "Employee." ^ ^^^ ^^o^•••'•• ^^ ^'^^- ^^^• Appropriation. ^hort title.

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PUBLIC LAW 92-301-MAY 18, 1972

[86

STAT.

Public Law 92-301 May 18, 1972 [H. J. R e s. 1174]

International uTtions^^ '"^'^ Appropriation,

JOINT RESOLUTION Making an appropriation for special payments to international financial institutions for the fiscal year 1972, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of AmeHca in Congress assembled, That the following sum is appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1972, namely:

FUNDS APPROPRIATED TO THE PRESIDENT INTERNATIONAL FINANCIAL INSTITUTIONS SPECIAL P A Y M E N T S TO INTERNATIONAL F I N A N C I A L

Ante,

p. 117.

INSTITUTIONS

For payments by the Secretary of the Treasury to maintain the value in terms of gold of the holdings of United States dollars of the International Monetary Fund, the International Bank for Reconstruction 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, as authorized by section 3 of the P a r Value Modification Act (Public Law 92-268), such amounts as may be necessary (but not to exceed $1,600,000,000), to remain available until expended. Approved May 18, 1972. Public Law 92-302

May 18, 1972 [H. R. 13334]

AN ACT To e^(tab]isli certain positions in the Department of the Treasury, to fix the compensation for those positions, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) so much of the Act of February 17, 1922, as amended, as relates to the Under Secretary, and the Under Secretary for Monetary Affairs, in the Department of the Treasury (31 U.S-C. secs. 1004 and 1005), is 68 Stat. 496; 42 Stat. 366. amended to read as follows: Deputy and ''There shall be in the Department of the Treasury a Deputy nder ecretaries. s;p(.j.gj-j^j.y^ ^j^ Lender Secretary, and an Under Secretary for Monetary Affairs, each to be appointed by the President, by and with the advice and consent of the Senate. They shall perform such duties in the Office of the Secretary as may be prescribed by the "Counselor. Secretary of the Treasury. The President may, in appointing the Under Secretary, designate him as 'Counselor'.

Treasury Department. Positions, establishment.

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PUBLIC LAW 92-302-MAY 18, 1972

"The Deputy Secretary of the Treasury, in case of the death, resignation, absence, or sickness of the Secretary of the Treasury, shall perform the duties of the Secretary until a successor is appointed or such absence or sickness shall cease." (b) There shall be in the Department of the Treasury two Deputy Under Secretaries who shall be appointed by the President, by and with the advice and consent of the Senate. They shall perform such duties in the Office of the Secretary as may be prescribed by the Secretary of the Treasury. The President may, in appointing any Deputy Lender Secretary, designate him as "Assistant Secretary of the Treasury". Any person designated as Assistant Secretary of the Treasury under the preceding sentence shall not be taken into account.in applying section 234 of the Revised Statutes, as amended (31 U.S.C. sec. 1006). (c) Section 234 of the Revised Statutes, as amended (31 U.S.C. sec. 1006), is amended by striking out "four" and inserting in lieu thereof "five". (d) Section 3 of Reorganization Plan Xumbered 26 of 1950 (64 Stat. 1280) is hereby repealed. SEC. 2. (a) Section 5313 of title 5 of the United States Code is amended by inserting as paragraph (6) the following: "(6) Deputy Secretary of the Treasury." (b) Paragraph (10) of section 5314 of such title 5 is amended to read as follows: "(10) Under Secretary of the Treasury (or Counselor)." (c) Section 5315 of such title 5 is amended as follows: (1) By striking " (4) " at the end of paragraph (23) and inserting in lieu thereof " (5) ". (2) By adding at the end thereof the following new paragraph: "(96) Deputy Under Secretaries of the Treasury (or Assistant Secretaries of the Treasury)(2)." (d) Section 5316 of such title 5 is amended by striking out paragraphs (28) and (64). SEC. 3. (a) Except as otherwise provided in this section, this Act shall take effect on its date of enactment. (b) Any officer holding an office when this Act takes effect shall not be required to be reappointed to such office by reason of the enactment of this Act. Subsection (d) of the first section of this Act and subsection (d) of section 2 of this Act shall take effect upon confirmation by the Senate of Presidential appointees to fill the successor positions created by this Act. (c) Until January 21, 1973, no person within the Treasury Department who has been occupying a position under the Executive Schedule and who is hereafter appointed to a position created or authorized by this Act shall receive an increase in basic pay by virtue of such appointment. Approved May 18, 1972.

149

Deputy Under Secretaries.

"Assistant Secretary of the Treasury."

Repeal. 5 USC app. 80 Stat. 460; 81 Stat. 198. 84 Stat. 1888.

80 Stat. 461; Ante, p. 69.

Effective date.

Savings provision.

Pay increase, effective date.

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Public Law 92-303 May 19, 1972 [H. R. 9212]

Black Lung Benefits Act of 1972. 83 Stat. 794. 30 USC 922.

Orphans, benefits.

•;S-j;s;. i 3 * - i

Post,

t.

p. 152.

Dependent p a r e n t s, brothers or s i s t e r s.

42 USC 4 0 1.

81 42 79 42

Stat, use Stat. use

868. 423. 370. 402.

'• ^

[86

STAT.

'

AN ACT To ameiid the provisions of the Fedenil Coal Mine Health and Safety Act of 1969 to extend bliit'k lung benetits to orphans whose fathers die of pneumoconiosis, and for other puiifoses.

Be it enacted by the Henute and House of Represeiitatloes of the United States of Amenca in Congress assembled, That (a) this Act may be cited as the "Black Lung Benefits Act of 1972''. (b)(1) Section 412(a) of the Federal Coal Mine Health and Safety Act of 1969 is amendecl by redesignating paragraph (3) as paragraph (4), and by inserting after paragraph (2) the follo\Ying iiew paragraph: "(3) I n the case of the child or children of a miner whose death is due to pneumoconiosis or of a miner who is receiving benefits under this part at the time of his death, or who was totally disabled by pneumoconiosis at the time of his death, and in the case of the child or children of a widow who is receiving benefits under this part at the time of her death, benefits shall be paid to such child or children as follows: If there is one such child, he shall be paid benefits at the rate specified in paragraph (1). If there is more than one such child, the benefits paid shall be divided equally among them and shall be paid at a rate equal to the rate specified m paragraph (1), increased by 50 per centum of such rate if there are two such children, by 75 per centum of such rate if there are three such children, and by 100 per centum of such rate if there are more than three such children: Provided, That benefits shall only be paid to a child for so long as lie riieets the criteria for the term 'child' contained in section 402(g): And provided further, That no entitlement to benefits as a child shall be established under this paragraph (3) for any month for which entitlement to benefits as a widow is established under paragraph (2)." (2) Section 412(a) of such Act is further amended by adding at the end thereof the following new paragraphs: •'(5) In the case of the dependent parent or parents of a miner whose death is due to pneumoconiosis, or of a miner who is receiving benefits under this part at the time of his death, or of a miner who was totally disabled by pneumoconiosis at the time of death, and who is not survived at the time of his death by a widow or a child, or in the case of the dependent surviving brother (s) or sister (s) of such a miner who is not survived at the time of his death by a widow, child, or parent, benefits shall be paid tinder this part to such parent(s), or to such brother(s), or sister(s), at the rate specified in paragraph (3) (as if such parent (s) or such brother (s) or sister(s), were the children of such miner). I n determining for purposes of this paragraph whether a claimant bears the relationship as the miner's parent, brother, or sister, the Secretary shall apply legal standards consistent with those applicable to relationship determination under title II of the Social Security Act. Xo benefits to a; sister or brother shall be payable under this paragraph for any month beginning with the month in which he or she receives support from his or her spouse, or marries. Benefits shall be payable under this paragraph to a brother only if he is— " (1)(A) under eighteen years of age, or " (B) under a disability as defined in section 223(d) of the Social Security Act which began before the age specified in section 202(d)(1)(B) (ii) of such Act, or in the case of a student, before he ceased to be a student, or

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STAT.]

PUBLIC LAW 92-303-MAY 19, 1972

" (C) a student as defined in section 402(g); or " (2) who is, at the time of the miner's death, disabled as determined in accordance with section 223(d) of the Social Security Act, during such disability. Any benefit under this paragraph for a month prior to the month in which a claim for such benefit is filed shall be reduced to any extent that may be necessary, so that it will not render erroneous any benefit which, before the filing of such claim, the Secretary has certified for payment for such prior months. As used in this paragraph, 'dependent' means that during the one year period prior to and ending with such miner's death, such parent, brother, or sister was living in the miner's household, and was, during such period, totally dependent on the miner for support. Proof of such support shall be filed by such claimant within two years after the month in which this amendment is enacted, or within two years after the miner's death, whichever is the later. Any such proof which is filed after the expiration of such period shall be deemed to have been filed within such period if it is shown to the satisfaction of the Secretary that there was good cause for failure to file such proof within such period. The determination of what constitutes 'living in the miner's household', 'totally dependent upon the miner for support,' and 'good cause,' shall for purposes of this paragraph be made in accordance with regulations of the Secretary. Benefit payments under this paragraph to a parent, brother, or sister, shall be reduced by the amount by which such payments would be reduced on account of excess earnings of such parent, brother, or sister, respectively, under section 203(b)-(l) of the Social Security Act, as if the benefit under this paragraph were a benefit under section 202 of such Act. "(6) If an individual's benefits would be increased under paragraph (4) of this subsection because he or she has one or more dependents, and it appears to the Secretary that it would be in the interest of any such dependent to have the amount of such increase in benefits (to the extent attributable to such dependent) certified to a person other than such individual, then the Secretary may, under regulations prescribed by him, certify the amount of such increase in benefits (to the extent so iattributable) not to such individual but directly to such dependent or to another person for the use and benefit of such dependent; and any payment made under this clause, if otherwise valid under this title, shall be a complete settlement and satisfaction of all claims, rights, and interests in and to such payment." (c)(1) Sections 412(b), 414(e), and 424 of such Act are amended by inserting after "widow" each time it appears the following:", child, parent, brother, or sister", and section 421(a) is amended by inserting after "widows" the following: ", children, parents, brothers, or sisters, as the case may be,". (2) Section 402(a) of such Act is amended to read: " (a) The term 'dependent' means— "(1) a child as defined in subsection (g) without regard to subparagraph (2)(B) ( i i) thereof; or "(2) a wife who is a member of the same household as the miner, or is receiving regular contributions from the miner for her support, or whose husband is a miner who has been ordered by a court to contribute to her support, or who meets the requirements of section 216(b)(1) or (2) of the Social Security Act. The determination of an individual's status as the 'wife' of a miner shall be made in accordance with section 216(h)(1) of the Social Security Act as if such miner were the 'insured individual'

82-081 O - 73 - 13

151 Post,

p. 152.

81 Stat. 868. 42 USC 423.

"Dependent."

Proof of support, filing date.

42 USC 403. 42 USC 402. Augmented benefits, certification. Ante, p. 150.

83 Stat. 794, 795, 798. 30 USC 922, 924, 934. 30 USC 9 3 1. 30 USC 902. "Dependent." Post, p. 152. .:'>t '>S0,?f

64 Stat. 510; 74 Stat. 950. 42 USC 416. 71 Stat. 519.

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 152 79 Stat. 377. 42 USC 416.

"Widow." 30 USC 90^2^.'

72 Stat. 1027. 81 Stat, 866. 71 Stat. 519; '^^ ^*^*' '

"*^'''^'^-"

42 USC 423. 42 USC 402. "Student." 79 Stat. 371; ^ 8rstat^^2°69. 79 Stat. 409. Post, p. 154. 408^ ^^^ ^°^" 42 USC 401.

Effective date.

PUBLIC LAW 92-303-MAY 19, 1972

[86 STAT.

referred to therein. The term 'wife' also includes a 'divorced wife' as defined in section 216(d)(1) of the Social Security Act .^jjQ jg receiving at least one-half of her support, as determined in accordance with regulations prescribed by the Secretary, from the miner, or is receiving substantial contributions from the miner (pursuant to a written agreement), or there is in effect a court order for substantial contributions to her support from such miner.". (3) Section 402(e) of such Act is amended to read: "(6) The term 'widow' includes the wife living with or dependent for support on the miner at the time of his death, or living apart for reasonable cause or because of his desertion, or who meets the requirements of section 216(c)(1), (2), (3), (4), or (5), and section 216(k) of the Social Security Act, who is not married. The determination of ^^ iudividual's status as the 'widow' of a miner shall be made in accordance with section 216(h)(1) of the Social Security Act as if such miner were the 'insured individual' referred to therein. Such term also includes a 'surviving divorced wife' as defined in section 216(d)(2) of the Social Security Act who for the month preceding the month in which the miner died, was receiving at least one-half of her support, as determined in accordance with regulations prescribed by the Secretary, from the miner, or was receiving substantial contributions from the miner (pursuant to a written agreement) or there was in effect a court order for substantial contributions to her support from the miner at the time of his death." (4) Section 402 of such Act is amended by adding at the end thereof the following new subsection: " (g) The term 'child' means a child or a step-child who is— "(1) unmarried; and " (2)(A) under eighteen years of age, or " (B)(i) under a disability as defined in section 223(d) of the Social Security Act, "(ii) which began before the age specified in section 202(d)(1) (B) (ii) of the Social Security Act, or, in the case of a student, before he ceased to be a student; or " (C) a student. The term 'student' means a 'full-time student' as defined in section 202(d)(7) of the Social Security Act, or a 'student' as defined in section 8101 (17) of title 5, United States Code. The determination of an individual's status as the 'child' of the miner or widow, as the case may be, shall be made in accordance with section 216(h)(2) or (3) of the Social Sccurity Act as if such miner or widow were the 'insured individual' referred to therein." (5^ ^^^ Section 413(b) of such Act is amended by adding at the end thereof the following new sentence: "The provisions of sections 204,205 (a), (b), (d), (e), (f), (g), (h), (j), (k), and (1), 206, 207, ^^^ ^^^ ^^ *'^^ Social Security Act shall be applicable under this part with respect to a miner, widow, child, parent, brother, sister, or dependent, as if benefits under this part were benefits under title II of such Act."

(g) Quly section 205, (b), (g), and (h) of those sections of the Social Security Act recited in subparagraph (A) of this paragraph shall be effective as of the date provided in subsection (d) of this section. 83%tL\' 795"^' (^) Section 414(a) of such Act is amended by inserting " (1) " after 30 USC* 924.* " (a) " and by adding the following new paragraphs at the end thereof: "(2) I n the case of a claim b ^ a child this paragraph shall apply, notwithstanding any other provision of this part. Retroactive " (A) If such claim is filed within six months following the month entitlement. in which this paragraph is enacted, and if entitlement to benefits is

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153

established pursuant to such claim, such entitlement shall be effective retroactively from December 30, 1969, or from the date such child would have been first eligible for such benefit payments had section 412(a)(3) been applicable since December 30, 1969, whichever is the ^"'^' P- ^^°lesser period. I f on the date such claim is filed the claimant is not eligible for benefit payments, but was eligible at any period of time during the period from December 30, 1969, to the date such claim is filed, entitlement shall be effective for the duration of eligibility during such period. " (B) If such claim is filed after six months following the month in which this paragraph is enacted, and if entitlement to benefits is established pursuant to such claim, such entitlement shall be effective retroactively from a date twelve months preceding the date such claim is filed, or from the date such child would have been first eligible for such benefit payments had section 412(a)(3) been applicable since December 30, 1969, whichever is the lesser period. If on the date such claim is filed the claimant is not eligible for benefit payments, but was eligible at any period of time during the period from a date twelve months preceding the date such claim is filed, to the date such claim is filed, entitlement shall be effective for the duration of eligibility during such period. " (C) No claim for benefits under this part, in the case of a claimant who is a child, shall be considered unless it is filed within six months after the death of his father or mother (whichever last occurred) or by December 31, 1973, whichever is the later. " (D) Any benefit under subparagraph (A) or (B) for a month prior to the month in which a claim is filed shall be reduced, to any extent that may be necessary, so that it will not render erroneous any benefit which, before the filing of such claim, the Secretary has certified for payment for such prior month. "(3) No claim for benefits under this part, in the case of a claimant who is a parent, brother, or sister shall be considered unless it is filed within six months after the death of the miner or by December 31, 1973, whichever is the later." SEC. 2. (a) Section 412(b) of the Federal Coal Mine Health and ^^^\''^[fl^^^^' Safety Act of 1969 is amended by adding at the end thereof the fol- umuadon^ ' lowing: "This part shall not be considered a workmen's compensation ^3 Stat. 794. law or plan for purposes of section 224 of such Act." 42 USC 424a. (b) The amendment made by this section shall be effective as of Effective date. December 30, 1969. SEC. 3. (a) Sections 401, 411(c)(1), 411(c)(2), and 422(h) of the Federal Coal Mine Health and Safety Act of 1969 are each amended 3o use 901, by striking out "underground". 921,932. (b) Sections 402(b), 402(d), 422(a), and 423(a) of such Act are ^^3° use 902, each amended by striking out "an underground" and inserting "a" in lieu thereof. (c) The amendments made by this section shall be effective as of Effective date. December 30, 1969. SEC. 4. (a) Section 402(f) of the Federal Coal Mine Health and Safety Act of 1969 is amended to read as follows: 3o use 902. " (f) The term 'total disability' has the meaning given it by regu- "Total dislations of the Secretary of Health, Education, and Welfare, except ability." that such regulations shall provide that a miner shall be considered totally disabled when pneumoconiosis prevents him from engaging in gainful employment requiring the skills and abilities comparable to those of any employment in a mine or mines in which he previously engaged with some regularity and over a substantial period of time. Such regulations shall not provide more restrictive criteria than those applicable under section 223(d) of the Social Security Act." JJ J'^^-1^| •

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 154 83 Stat. 793. 30 USC 921. 30 USC 901.

Rebuttable presumption.

Publication in Federal Register.

30 USC 931. 30 USC 902. eiaims, validity determination. 83 Stat. 794. 30 USC 923.

Effective date.

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[86

STAT.

(b)(1) Section 411(a) of such Act is further amended by adding at the end thereof the following: "or who at the time of his death was totally disabled by pneumoconiosis." (2) Section 401 is amended by inserting after the word "disease" each place it appears the following: "or who were totally disabled bj/ this disease at the time of their deaths". (3) Section 411(c)(3) is amended by inserting after "pneumoconiosis," the following: "or that at the time of his death he was totally disabled by pneumoconiosis." (c) Section 411(c) of such Act is amended by striking the word "and" at the end of paragraph (2), by striking the period at the end of paragraph (3), inserting "; and", and by adding at the end thereof the following new paragraph: "(4) if a miner was employed for fifteen years or more in one or more underground coal mines, and if there is a chest roentgenogram submitted in connection with such miner's, his widow's, his child's, his parent's, his brother's, his sister's, or his dependent's claim under this title and it is interpreted as negative with respect to the requirements of paragraph (3) of this subsection, and if other evidence demonstrates the existence of a totally disabling respiratory or pulmonary impairment, then there shall be a rebuttable presumption that such miner is totally disabled due to pneumoconiosis, that his death was due to pneumoconiosis, or that at the time of his death he was totally disabled by pneumoconiosis. I n the case of a living miner, a wife's affidavit may not be used by itself to establish the presumption. The Secretary shall not apply all or a portion of the requirement of this paragraph that the miner work in an underground mine where he determines that conditions of a miner's employment in a coal mine other than an underground mine were substantially similar to conditions in an underground mine. The Secretary may rebut such presumption only by establishing that (A) such miner does not, or did not, have pneumoconiosis, or that (B) his respiratory or pulmonary impairment did not arise out of, or in connection with, employment in a coal mine." (d) Section 411(b) is amended by inserting immediately after the penultimate sentence thereof the following new sentence: "Final regulations required for implementation of any amendments to this title shall be promulgated and published in the Federal Register at the earliest practicable date after the date of enactment of such amendments, and in no event later than the end of the fourth month following the month in which such amendments are enacted." (e) Section 421(b)(2)(C) of such Act is amended by striking the word "those" and inserting in lieu thereof "section 402(f) 6f this title and to those standards", and by substituting for the words "by section 411" the words "under part B of this title". (f) The first sentence of section 413(b) of such Act is amended by inserting before the period at the end thereof the following: ", but no claim for benefits under this part shall be denied solely on the basis of the results of a chest roentgenogram. I n determining the validity of claims under this part, all relevant evidence shall be considered, including, where relevant, medical tests such as blood gas studies, X-ray examination, electrocardiogram, pulmonary function studies, or physical performance tests, and any medical history, evidence submitted by the claimant's physician, or his wife's affidavits, and in the case of a deceased miner, other appropriate affidavits of persons with knowledge of the miner's physical condition, and other supportive materials." (g) The amendments made by this section shall be effective as of December 30, 1969.

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PUBLIC LAW 92-303-MAY 19, 1972

SEC. 5. Title IV of the Federal Coal Mine Health ami Safety Act of 1969 is amended— (1) by striking out "December 31, 1971" where it appears in section 414(b), and inserting in lieu thereof "June 30, 1973", (2) by striking out "1972" each place it appears and inserting in lieu thereof "1973", other than in section 421(b)(1), (3) by striking out "1973" each time it appears and inserting in lieu thereof "1974", (4) by striking out "seven" where it appeal's in section 422(e) and inserting in lieu thereof "twelve", (5) by adding a new subsection (c) to section 421 thereof as follows: "(c) Final regulations required for implementation of any amendments to this part shall be promulgated and published in the Federal Register at the earliest practicable date after the date of enactment of such amendments, and in no event later than the end of the sixth month following the month in which such amendments are enacted.", (6) by inserting immediately after section 426 thereof, the following new section: "SEC. 427. (a) The Secretary of Health, Education, and Welfare is authorized to enter into contracts with, and make grants to, public and private agencies and organizations and individuals for the construction, purchase, and operation of fixed-site and mobile clinical facilities for the analysis, examination, and treatment of respiratory and pulmonary impairments in active and inactive coal miners. The Secretary shall coordinate the making of such contracts and grants with the Appalachian Regional Commission. "(b) The Secretary of Health, Education, and Welfare shall initiate research within the National Institute for Occupational Safety and Health, and is authorized to make research grants to public and private agencies and organizations and individuals for the purpose of devising simple and effective tests to measure, detect, and treat respiratory and pulmonary impairments in active and inactive coal miners. Any grant made pursuant to this subsection shall be conditioned upon all information, uses, products, processes, patents, and other developments resulting from such research being available to the general public, except to the extent of such exceptions and limitations as the Secretary of Health, Education, and Welfare may deem necessary in the public interest. "(c) There is hereby authorized to be appropriated for the purpose of subsection (a) of this section $10,000,000 for each of the fiscal years ending June 30, 1973, June 30, 1974, and June 30, 1975. There are hereby authorized to be appropriated for the purposes of subsection (b) of this section such sums as are necessary.", (7) by adding at the end thereof the following new section: "SEC. 428. (a) No operator shall discharge or in any other way discriminate against any miner employed by him by reason of the fact that such miner is suffering from pneumoconiosis. No person shall cause or attempt to cause an operator to violate this section. For the purposes of this subsection the term 'miner' shall not include any person who has been found to be totally disabled. "(b) Any miner who believes that he has been discharged or otherwise discriminated against by any person in violation of subsection (a) of this section, or any representative of such miner may, within ninety days after such violation occurs, apply to the Secretary for a review of such alleged discharge or discrimination. A copy of the application shall be sent to such person who shall be the respondent. Upon receipt of such application, the Secretary shall cause such investigation to be made as he deems appropriate. Such investigation shall provide an opportunity for a public hearing at the request of any party to enable

Time extensions. 83 Stat. 792. 30 USC 901. 30 USC 924. 30 USC 931.

30 USC 932.

Publication in Federal Register.

30 USC 936. Contract authority.

Research grants.

Appropriation.

Di scrimination prohibition. "Miner."

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[86 STAT.

the parties to present information relating to such violation. The parties shall be given written notice of the time and place of the hearing at least five days prior to the hearing. Any such hearing shall be of record and shall be subject to section 554 of title 5 of the United 80 Stat. 384. States Codc. Each hearing examiner presiding under this section and 30 USC 811, under the provisions of titles I, II and III of this Act shall receive ^'*^' ^^^' compensation at a rate not less than that prescribed for GS-16 under s^usc 5332 section 5332 of title 5, United States Code. Upon receiving the report note. of such investigation, the Secretary shall make findings of fact. If he finds that such violation did occur, he shall issue a decision, incorporating an order therein, requiring the person committing such violation to take such affirmative action as the Secretary deems appropriate, including, but not limited to, the rehiring or reinstatement of the miner to his former position with back pay. If he finds that there was no such violation, he shall issue an order denying the application. Such order shall incorporate the Secretary's findings therein. P®"«ity"(c) Whenever an order is issued under this subsection granting relief to a miner at the request of such miner, a sum equal to the aggregate amount of all costs and expenses (including the attorney's fees) as determined by the Secretary to have been reasonably incurred by such miner for, or in connection with, the institution and prosecution of such proceedings, shall be assessed against the person committing the violation.", (8) by adding at the end thereof the following new section: Appropriation. "SEC. 429. There IS authorized to be appropriated to the Secretary of Labor such sums as may be necessary to carry out his responsibilities under this title. Such sums shall remain available until expended.", 83 Stat. 796. (9) by Striking " 7 " in section 422(a), and (10) by adding at the end thereof the following new section: Applicability. "SEC. 430. The amendments made by the Black Lung Benefits Act 30 USC 921. of 1972 to part B of this title shall, to the extent appropriate, also 30 USC 931. apply to part C of this title: Provided, That for the purpose of determining the applicability of the presumption established by secAnte, p. 154. ^^^^ 411(c)(4) to claims filed under part C of this title, no period of employment after June 30, 1971, shall be considered in determining whether a miner was employed at least fifteen years in one or more underground mines." noufilatio'n' ^^^: ^' "^^^^^ ^ ^ ^^ ^^® Federal Coal Mine Health and Safety Act of '^°AntT p°'^i 55 'i-^^^ is amended by adding at the end thereof the following new section: "SEC. 431. The Secretary of Health, Education, and Welfare shall, upon enactment of the Black Lung Benefits Act of 1972, generally disseminate to all persons who filed claims under this title prior to the date of enactment of such Act the changes in the law created by such Act, and forthwith advise all persons whose claims have been denied for any reason or whose claims are pending, that their claims will be reviewed with respect to the provisions of the Black Lung Benefits Act of 1972." erio^ridm"nistra ^^^^ T* ^^^^^ ^^ ^^ ^^^ Federal Coal Mine Health and Safety Act tion? ' ^ "'^"^^"•^' of 1969 is amended by adding at the end of part B thereof the following new section: "SEC. 416. (a) Notwithstanding any other provision in this title, for the purpose of assuring the uninterrupted receipt of benefits by claimants at such time as responsibility for administration of the benefits program is assumed by either a State workmen's compensation agency or the Secretary of Labor, any claim for benefits under this part filed

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 86 STAT. ]

PUBLIC LAW 92-304-MAY 19, 1972

during the period from July 1, 1973 to December 31, 1973, shall be considered and determined in accordance with the procedures of this section. With respect to any such claim— "(1) Such claim shall be determined and, where appropriate under this part or section 424 of this title, benefits shall be paid with respect to such claim by the Secretary of Labor. "(2) The manner and place of filing* such claim shall be in accordance with regulations issued jointly by the Secretary of Health, Education, and Welfare and the Secretary of Labor, which regulations shall provide, among other things, that such claims may be filed in district offices of the Social Security Administration and thereafter transferred to the jurisdiction of the Department of Labor for further consideration. "(3) The Secretary of Labor shall promptly notify any operator who he believes, on the basis of information contained in the claim, or any other information available to him, may be liable to pay benents to the claimant under part C of this title for any month after December 31, 1973. "(4) I n determining such claims, the Secretary of Labor shall, to the extent appropriate, follow the procedures described in sections 19(b), (c), and (d) of Public Law 803, 69th Congress (44 Stat. 1424, approved March 4, 1927), as amended. "(5) Any operator who has been notified of the pendency of a claim under paragraph 4 of this subsection shall be bound by the determination of the Secretary of Labor on such claim as if the claim had been filed pursuant to part C of this title and section 422 thereof had been applicable to such operator. Nothing in this paragraph shall require any operator to i^ay any benefits for any month prior to January 1, 1974. "(b) The Secretary of Labor, after consultation with the Secretary of Health, Education, and Welfare, may issue such regulations as are necessary or appropriate to carry out the purpose of this section." SEC. 8. Section 422(f) of title IV of the Federal Coal Mine Health and Safety Act of 1969 is amended by inserting " (1) ' ' after "(f)'* and by adding a new paragraph (2) as follows: " (2) Any claim for benefits under this section in the case of a living miner filed on the basis of eligibility under section 411(c)(4) of this title, shall be filed within three years from the date of last exposed employment in a coal mine or, in the case of death from a respiratory or pulmonary impairment for which benefits would be payable under section 411(c)(4) of this title, incurred as the result of employment in a coal mine, shall be filed within fifteen years from the date of last exposed employment in a coal mine."' Approved May 19, 1972.

.157

83 Stat. 798. ^° "^^ '^'*'

3° use 931.

33 USC 919.

^o use 932. Regulations. claims, fiung.

^"'e- P- is^.

Public Law 92-304 AN ACT To authorize appropriations to the National Aeronautics and Space Administration for research and development, construction of facilities, and research and program management, and for other purposes.

May 19, 1972 [H. R. 14070]

Be it enacted by the Senate arid House of Representatives of the National United States of America in Congress assembled, That there is hereby nautics andAeroSpace authorized to be appropriated to the National Aeronautics and Space Adminrsrrauon Administration:

Authorization Act 1973.

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 158 Research and development.

PUBLIC LAW 92-304-MAY 19, 1972

[86 STAT.

(a) For "Researcli and development," for the following programs: (j)

A p o l l o, $128,700,000;

(2) Space flight operations, $1,094,200,000; (3) Advanced missions, $1,500,000; (4) Physics and astronomy, $156,600,000; (5) Lunar and planetary exploration, $321,200,000; (6) Launch vehicle procurement, $191,600,000; (7) Space applications, $207,200,000; (8) Aeronautical research and technology, $187,440,000; (9) Space research and technology, $64,760,000; (10) Nuclear power and propulsion, $21,100,000; (11) Tracking and data acquisition, $259,100,000; (12) Techiiolog_7 utilization, $4,000,000. fa^mle'sT""" °^ (b) For "Construction of facilities," including land acquisitions, as follows: (1) Rehabilitation and modification of aeronautical airborne '• science, and support facilities, Ames Research Center, $1,065,000; (2) Rehabilitation of Unitary Plan wdnd tunnel model supports, control systems, and model preparation areas, Ames Research Center, $760,000; (3) Rehabilitation and modification of utility systems, Godda,rd Space Flight Center, $590,000; (4) Rehabilitation and modification of roadway system, Jet Propulsion Laboratory, $610,000; (5) Modifijcations of, and additions to, spacecraft assembly facilities, Kennedy Space Center, $8,100,000; (6) Modification of Titan Centaur facilities, Kennedy Space Center, $2,040,000; (7) Rehabilitation of full-scale wind tunnel, Langley Research Centej, $2,465,000; (8) Modification of central air supply system, Langley Research Center, $1,175,000; (9) Environmental modifications for utility operations, Langley Research Center, $650,000; (10) Modification of high temperature and high pressure turbine and combustor research facility, Lewis Research Center, $9,710,000; (11) Modification of fire protection system, Manned Spacecraft Center, $585,000; (12^ Warehouse replacement, Wallops Station, $350,000; (13) Space shuttle facilities, as follows: (A) Modification of Altitude Test Facilities, Arnold Engineering Development Center, $6,800,000, (B) Rehabilitation of Propellant and High Pressure Gaseous Systems, Mississippi Test Facility, $1,160,000, (C) Modification of the Entry Structures Facility, Langley Research Center, $1,635,000, (D) Addition for Systems Integration and Mockup Laboratory, Manned Spacecraft Center, $2,545,000, (E) Modification of the Vibration and Acoustic Test Facility, Manned Spacecraft Center, $2,770,000, (F) Modification of the Structures and Mechanics Laboratory, Marshall Space Flight Center, $4,700,000,

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(G) Addition for Electrical Power Laboratory, Marshall Space Flight Center, $320,000, (H) Modification of Acoustic Model Engine Test Facility, Marshall Space Flight Center, $2,430,000, (I) Modification of Manufacturing and Final Assembly Facilities, Undesignated Locations, $5,540,000; (14) Rehabilitation and modification of facilities at various locations, not in excess of $500,000 per project, $11,580,000; (15) Minor construction of new facilities and additions to existing facilities at various locations, not in excess of $250,000 per project, $1,720,000; (16) Facility planning and design not otherwise provided for, ! $8,000,000. (c) For "Research and program management," $729,450,000, of Research and which not to exceed $572,237,000 to be available for personnel and ^'e°nt?"' '"""*^''" related costs. (d) Notwithstanding the provisions of subsection 1(g), appropria-, Program specitions for "Research and development" may be used (1) for any items '*'°**°"** of a capital nature (other than acquisition of land) which may be required at locations other than installations of the Administration for the performance of research and development contracts, and (2) for grants to nonprofit institutions of higher education, or to nonprofit organizations whose primary purpose is the conduct of scientific research, for purchase or construction of additional research facilities; and title to such facilities shall be vested in the United States unless the Administrator determines that the national program of aeronautical and space activities will best be served by vesting title in any such grantee institution or organization. Each such grant shall be made under such conditions as the Administrator shall determine to be required to insure that the United States will receive therefrom benefit adequate to justify the making of that grant. None of the funds appro- ^,^°*^*'* *° ^''"" priated for "Research and development" pursuant to this Act may be gress. " " used in accordance with this subsection for the construction of any major facility, the estimated cost of which, including collateral equipment, exceeds $250,000, unless the Administrator or his designee has notified the Speaker of the House of Representatives and the President of the Senate and the Committee on Science and Astronautics of the House of Representatives and the Committee on Aeronautical and Space Sciences of the Senate of the nature, location, and estimated cost of such facility. (e) When so specified in an appropriation Act, (1) any amount appropriated for "Research and development" or for "Construction of facilities" may remain available without fiscal year limitation, and (2) maintenance and operation of facilities, and support services contracts may be entered into under the "Research and program management" appropriation for periods not in excess of twelve months beginning at any time during the fiscal year. (f) Appropriations made pursuant to subsection 1(c) may be used, but not to exceed $35,000, for scientific consultations or extraordinary expenses upon the approval or authority of the Administrator and his determination shall be final and conclusive upon the accounting officers of the Government.

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 160 Limitations.

Campuses barring military recruiters, grants prohibition.

Construction cost variations.

Transfer of funds.

Report to Congress.

PUBLIC LAW 92-304-MAY 19, 1972

[86

STAT.

(g) Of the funds appropriated pursuant to subsections 1(a) and 1(c), not in excess of $10,000 for each project, including collateral equipment, may be used for construction of new facilities and additions to existing facilities, and not in excess of $25,000 for each project, including collateral equipment, may be used for rehabilitation or modification of facilities: Provided, That of the funds appropriated pursuant to subsection 1(a), not in excess of $250,000 for each project, including collateral equipment, may be used for any of the foregoing for unforeseen programmatic needs. (h) No part of the funds appropriated pursuant to subsection (a) of this section may be used for grants to any nonprofit institution of higher learning unless the Administrator or his designee determines at the time of the grant that recruiting personnel of any of the Armed Forces of the United States are not being barred from the premises or property of such institution except that this subsection shall not apply if the Administrator or his designee determines that the grant is a continuation or renewal of a previous grant to such institution which is likely to make a significant contribution to the aeronautical and space activities of the United States. The Secretary of Defense shall furnish to the Administrator or his designee within sixty days after the date of enactment of this Act and each January 30 and June 30 thereafter the names of any nonprofit institutions of higher learning which the Secretary of Defense determines on the date of each such report are barring such recruiting personnel from premises or property of any such institution. SEC. 2. Authorization is hereby granted whereby any of the amounts prescribed in paragraphs (1) through (15), inclusive, of subsection 1(b) may, in the discretion of the Administrator of the National Aeronautics and Space Administration, be varied upward 5 per centum to meet unusual cost variations, but the total cost of all work authorized under such paragraphs shall not exceed the total of the amounts specified in such paragraphs. SEC. 3. Not to exceed one-half of 1 per centum of the funds appropriated pursuant to subsection 1(a) hereof may be transferred to the "'Construction of facilities" appropriation, and, when so transferred, together with $10,000,000 of the funds appropriated pursuant to subsection 1(b) hereof (other than funds appropriated pursuant to paragraph (16) of such subsection) shall be available for expenditure to construct, expand, or modify laboratories and other installations at any location (including locations specified in subsection 1(b)), if (1) the Administrator determines such action to be necessary because of changes in the national program of aeronautical and space activities or new scientific or engineering developments, and (2) he determines that deferral of such action until the enactment of the next authorization Act would be inconsistent with the interest of the Nation in aeronautical and space activities. The funds so made available may be expended to acquire, construct, convert, rehabilitate, or install permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment. No portion of such sums may be obligated for expenditure or expended to construct, expand, or modify laboratories and other installations unless (A) a period of thirty days has passed after the Administrator or hia designee has transmitted to the Speaker of the House of Representatives and to the President of the Senate and to the Committee on Science and Astronautics of the House of Representatives and to the Committee on Aeronautical and Space Sciences of the Senate a written report containing a full and complete statement concerning (1) the nature of such construction, expansion, or modification, (2)

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the cost thereof including the cost of any real estate action pertaining thereto, and (3) the reason why such construction, expansion, or modification is necessary in the national interest, or (B) each such committee before the expiration of such period has transmitted to the Administrator written notice to the effect that such committee has no objection to the proposed action. funds, SEC. 4. (a) Notwithstanding any other provision of this Act— r e Usec tofo n s. stri i (1) no amount appropriated pursuant to this Act may be used for any program deleted by the Congress from requests as originally made to either the House Committee on Science and Astronautics or the Senate Committee on Aeronautical and Space Sciences, (2) no amount appropriated pursuant to this Act may be used for any program m excess of the amount actually authorized for that particular program by sections 1(a) and 1(c), and (3) no amount appropriated pursuant to this Act may be used for any program which has not been presented to or requested of either such committee, unless (A) a period of thirty days has passed after the receipt by the Notice to Speaker of the House of Representatives and the President of the C o n g r e s s. Senate and each such committee of notice given by the Administrator or his designee containing a full and complete statement of the action proposed to be taken and the facts and circumstances relied upon in support of such proposed action, or (B) each such committee before the expiration of sich period has transmitted to the Administrator written notice to the effect that such committee has no objection to the proposed action. (b) Nothing in this section shall be construed to authorize the expenditure of amounts for personnel and related costs pursuant to section 1(c) to exceed amounts authorized for such costs. SEC. 5. It is the sense of the Congress that it is in the national interes"*" e^^rr°Mcai"difs-' that consideration be given to geographical distribution of Federal tribution. research funds whenever feasible, and that the National Aeronautics and Space Administration should explore ways and means of distributing its research and development funds whenever feasible. SEC. 6. (a) If an institution of higher education determines, after r u Campus d i s - of p t e r s, denial affording notice and opportunity for hearing to an individual attend- payment. ing, or employed by, such institution, that such individual has been convicted by any court of record of any crime which was committed after the date of enactment of this Act and which involved the use of (or assistance to others in the use of) force, disruption, or the seizure of property under control of any institution of higher education to prevent officials or students in such institution from engaging in their duties of pursuing their studies, and that such crime was of a serious nature and contributed to a substantial disruption of the administration of the institution with respect to which such crime was committed, then the institution which such individual attends, or is employed by, shall deny for a period of two years any further payment to, or for the direct benefit of, such individual under any of the programs 72 Stat. 426. authorized by the National Aeronautics and Space Act of 1958, the 42 USC 2451 funds for which are authorized pursuant to this Act. If an institution note. denies an individual assistance under the authority of the preceding sentence of this subsection, then any institution which such individual subsequently attends shall deny for the remainder of the two-year period any further payment to, or for the direct benefit of, such individual under any of the programs authorized by the National Aeronautics and Space Act of 1958, the funds for which are authorized pursuant to this Act.

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72 Stat. 4 2 6. 42 USC 2451 note.

Freedom of speech. Short title.

PUBLIC LAW 92-305-MAY 19, 1972

[86

STAT.

(b) If an institution of higher education determines, after affording notice and opportunity for hearing to an individual attending, or employed by, such institution, that such individual has willfully refused to obey a lawful regulation or order of such institution after the date of enactment of this Act, and that such refusal was of a serious nature and contributed to a substantial disruption of the administration of such institution, then such institution shall deny, for a {)eriod of two years, any further payment to, or for the direct benefit of, such individual under any ot the programs authorized by the National Aeronautics and Space Act of 1958, the funds for which are authorized pursuant to this Act. (c)(1) Nothing in this Act shall be construed to prohibit any institution of higher education from refusing to award, continue, or extend any financial assistance under any such Act to any individual because of any misconduct which in its judgment bears adversely on his fitness for such assistance. (2) Nothing in this section shall be construed as limiting or prejudicing the rights and prerogatives of any institution of higher education to institute and carry out an independent, disciplinary proceeding pursuant to existing authority, practice, and law. (3) Nothing in this section shall be construed to limit the freedom of any student to verbal expressions of individual views or opinions. SEC. 7. This Act may be cited as the "National Aeronautics and Space Administration Authorization Act, 1973". Approved May 19, 1972. Public Law 92-305

May 19, 1972 [H. R. 13591]

AN ACT To amend the Public Health Service Act to designate the National Institute of Arthritis and Metabolic Diseases as the National Institute of Arthritis, Metabolism, and Digestive Diseases, and for other purposes. Be it eimcted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) part D of title IV of the Public Health Service Act is amended by adding after section 433 the following new section:

Research Institute and Advisory Council on Arthritis and Metabolic Diseases. Redesignation. 64 Stat. 4 4 5. "NATIONAL INSTITUTE OF ARTHRITIS, METABOLISM, AND DIGESTIVE DISEASES 42 USC 289c. 42 USC 289a. 42 USC 289b.

A s s o c i a t e Director for Digestive Diseases. Committee.

Membership.

"SEC. 434. (a) The Research Institute on Arthritis, Rheumatism, and Metabolic Diseases established under section 431(a) is designated the 'National Institute of Arthritis, Metabolism, and Digestive Diseases', and the Advisory Council established under section 432 to advise the Secretary with respect to the activities of the Institute is designated the 'National Arthritis, Metabolism, and Digestive Diseases Advisory Council'. There shall be in the Institute an Associate Director for Digestive Diseases. " (b) There is established in the National Arthritis, Metabolism, and Digestive Diseases Advisory Council a committee to advise the Director of the Institute respecting the activities of the Institute concerning digestive diseases. The committee shall be composed of those members of the Advisory Council who are outstanding in the diagnosis, prevention, and treatment of digestive diseases. The committee shall review applications made to the Director for grants for research projects relating to the diagnosis, prevention, and treatment of digestive diseases and shall recommend to the Director for approval those applications and contracts which the committee determines will best carry out the purposes of this part.

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"(c) The Director of the Institute, acting through the Associate Jil^^^rell^r^X Director for Digestive Diseases, shall (1) carry out, at the facilities *" **' ^^^^^^^ of the Institute, a program of research in the diagnosis, prevention, and treatment of digestive diseases; and (2)- c a r r j out programs of support for research and training in the diagnosis, prevention, and treatment of digestive diseases, including support for training in medical schools, graduate clinical training, epidemiology studies, clinical trials, and interdisciplinary research programs." (b)(1) Section 431(a) of the Public Health Service Act is amended J^ y«^- ^^^; by striking out "and metabolic diseases" and inserting in lieu thereof "digestive diseases, and metabolism". (2) The heading for part D of title IV of such Act is amended to read as follows: " P A R T D—NATIONAL INSTITUTE OF ARTHRITIS, METABOLISM, AND DIGESTIVE DISEASES; -NATIONAL INSTITUTE OF NEUROLOGICAL D I S EASES AND STROKE; AND OTHER INSTITUTES".

Approved May 19, 1972. Public Law 92-306 AN ACT May 27, 1972 Making supplemental appropriations for the fiscal year ending June 30, 1972, and —[H. R. 14582] for other purposes.

Be It enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following second suppiesums are appropriated, out of any money in the Treasury not otherwise ^onlAct^^ig??." appropriated, to supply supplemental appropriations (this Act may be cited as the "Second Supplemental Appropriations Act, 1972") for the fiscal year ending June 30, 1972, and for other purposes, namely: TITLE I CHAPTER I DEPARTMENT OF AGRICULTURE AGRICULTURAL STABILIZATION AND CONSERVATION SERVICE DAIRY AND BEEKEEPER INDEMNITY PROGRAMS

For an additional amount for "Dairy and Beekeeper Indemnity Programs", $3,939,000, to remain available until expended: Provided, That, in addition, $1,061,000 shall be transferred to this appropriation from the appropriation for "Expenses, Agricultural Stabilization and Conservation Service", fiscal year 1972.

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[86 STAT.

CONSUMER AND MARKETING SERVICE CONSUMER PROTECTIVE MARKETING AND REGULIATORY PROGRAMS

For an additional amount for "Consumer Protective, Marketing, and Regulatory Programs", $665,000. DEPARTMENT OF H E A L T H, EDUCATION, AND W E L F A R E FOOD AND DRUG ADMINISTRATION BUILDINGS AND FACILITIES

For an amount to be used primarily for the hire of additional food inspectors together with such drug inspectors and related support staff as may be necessary, and for such renovation and eq^uipping of existing research buildings, as may be vacant or underutilized, which may be obtained by lease or other means, including buildings of other departments and agencies, $8,000,000, to be derived from funds heretofore appropriated and not used. CHAPTER II DEPARTMENT OF DEFENSE—MILITARY RETIRED MILITARY PERSONNEL RETIRED PAY, DEFENSE

For an additional amount for "Retired pay. Defense," $144,312,000. CHAPTER III DISTRICT OF COLUMBIA FEDERAL F U N D S FEDERAL PAYMENT TO THE DISTRICT OV (HILU^NIBIA

For an additional amount for "Federal payment to the District of (Columbia", $3,000,000, to be paid to the general fund of the District of Columbia. DISTRICT OF COLUMBIA FITNDS GENERAL OPERATING EXPENSES

For an additional amount for "General operating ('xpensos", $2,040,000. PUBLIC

SAFETY

For an additional amount for "Public safety", $2,238,000.

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165

HU3kIAN KKSOURGKS

For an addirioiuil amount for "Human resourci^s", $1,200,000. H I G H W A Y S A N D TRAFFIG

For an additional amount for "Highways and traffic'^ including purchase of twenty-one additional passenger-cari-ying Aehicles, $1,041,000, of which $890,000 shall be payable from the highway fund. SETTLEMENT OF CLAIMS A N D SUITS

For an additional amount for "Settlement of flaims niul suits"', $90,000. CAl'ITAL OUTLAY

For an additional amount for "Capital outlay*', to n^niain available until expended, $67,835,000: Provided, That $4,380,000 shall be available for construction services by the Director of General Services or by contract for architectural engineering services, as may be determined by the Commissioner. DIVISION OF EXPENSES

The sums appropriated herein for the District of Columbia shall be paid out of the general fund of the District of Cohnnbia, except as otherwise specifically provided. CHAPTER IV FOR E K ^ X OPERATION'S DEPARTMENT OF STATE MIORATION AND REFL'OEE ASSISTANCE

For an additional amount for "Migration and refugee assistance", $320,000, of which not to exceed $307,000 shall remain available until December 31, 1972.' CHAPTER V

DEPARTMENT OF HOUSING AND URBAX DEVELOPMENT COMPREHENSIVE PLANNING GRANTS

For an additional amount for "Comprehensive planning grants" as authorized by section 701 of the Housing Act of 1954, as amended (40 r. S. C. 461), $40,645,000, to remain available until expended. ' '

'

'

'

^

82 Stat. 526; 85 Stat. 776.

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[86 STAT.

EXECUTIVE OFFICE OF THE PRESIDENT NATIONAL AERONAUTICS AND SPACE SALARIES AND

COUNCIL

EXPENSES

111 addition to the amount previously made available for travel expenses in the appropriation granted under this head for the fiscal year 1972, $9,000 shall be available in that appropriation for such expenses. FEDERAL COMMUNICATIONS COMMISSION S A I ^ \ R I E S AND

EXPENSES

In addition to the amount heretofore made available for lands and structures, in the appropriation granted under this head for the current fiscal year, $460,000 shall be available in such appropriation for such purposes and shall remain available until June 30, 1973, and not to exceed $850,000 in such appropriation shall remain available until June 30, 1973, for rate studies. VETERANS ADMINISTRATION MEDICAL ADMINISTRATION

AND MISCELLANEOUS OPERATING

EXPENSES

For an additional amount for "Medical administration and miscellaneous operating expenses", $1,924,000, to be derived by transfer from the appropriation for "Medical care", fiscal year 1972. CHAPTER VI DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT 3IANAGEMENT OP LANDS AND RESOURCES

For an additional amount for "Management of lands and resources". $16,400,000. CONSTRUCTION AND

MAINTENANCE

For an additional amount for "Construction and maintenance", $200,000, to remain available until expended. BUREAU OF IIS^DIAN AFFAIRS RESOURCES MANAGEMENT

For an additional amount for "Resources management", $4,308,000.

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PUBLIC LAW 92-306-MAY 27, 1972

STAT.]

167

CONSTRUCTION

For an additional amount for "Construction'", $850,000, to remain available until expended: Provided, That not to exceed $200,000 and not to exceed $163,000 appropriated under this head in the Department of the Interior and Related Agencies Appropriation Act, 1972, shall be available for assistance to the Rough Rock School Board, Arizona, for planning high school facilities on the Navajo Reservation, and for Dine Bitsiis Baa Aha Gaa, Incorporated, Arizona, for plans and designs for a school for handicapped children, Chinle, Arizona, respectively. ROAD CONSTRUCTION

( L I Q U I D A T I O N O F CONTRACT

85 Stat. 2 3 1.

AUTHORITY)

For an additional amount for "Road construction (liquidation of contract authority)", $8,000,000, to remain available until expended. CLAIMS A N D TREATY OBLIGATIONS ALASKA N A T IV E F U N D

For payment to the "Alaska Native Fund", as authorized by the Act of December 18, 1971 (Public Law 92-203), $12,500,000: Provided, That there shall be advanced in fiscal year 1972, upon request of the Ijoard of directors of any regional corporation established pursuant to section 7 of said Act, $500,000 for any one regional corporation, which the Secretary of the Interior shall determine to be necessary for the organization of such regional corporation and the village corporations within such region, and to identify land for such corporations pursuant to said Act, and to repay loans and other obligations previously incurred for such purposes: Provided further, That such advances shall not be subject to the provisions of section 7(j) of said Act, but shall be charged to and accounted for by such regional and A'illage corporations in computing the distributions pursuant to section 7(j) required after the first regular receipt of monies from the Alaska Native Fund under section 6 of said KoX: Provided further, That no part of the money so advanced shall be used for the organization of a village corporation that had less than twenty-five Native residents living within such village according to the 1970 census. MiCRONESiAN

^^ f^j"^'fi^

43 USC 1601 note. 43 USC 1606.

43 USC i60s.

CLAIMS F U N D

For payment to the Micronesian Claims F u n d for settlement of claims of Micronesian inhabitants of the Trust Territory of the Pacific Islands as may be determined by the Micronesian Claims Commission pursuant to the provisions of title I of Public Law 92-39, $5,000,000,

\l Stat. 92.

i„

50 USC a p p.

•

•!

A-1

TTI

J

J

' ^ '

'

'

to remain available until expended.

2019.

BUREAU OF M I N E S HELIUM FUND

The Secretary is authorized to borrow from the Treasury for payment to the helium production fund pursuant to section 12(a) of the Helium Act to carry out the provisions of the Act and contractual •>

82-081 O - 73 - 14

^

•

^^ ^*"*" *^^" " 50 USC 167j.

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PUBLIC LAW 92-306-MAY 27, 1972

[86 STAT.

obligations thereunder, including helium purchases, to remain available without fiscal year limitation, $45,300,000, in addition to amounts heretofore authorized to be borrowed (50 TT.S.C. IfiT; 74 Stat. 01S). NATIONAL PARK SERVICE <"ONSTRT7CTION

For an additional amount for "Construction", $84,1:2,00, to remain a\'ailable until expended. P A R K W A Y A X n ROAD CONSTOUCTION (LlC^l IDATIOX OF fCONTRACT AUTHORITY)

For an additional amount for "Parkway and road construction (liquidation of contract authority)", $5,000,000, to remain availaV)le until expended. RELATED AGENCIES DEPARTMENT OF A G R K l ' L T l ' R K FOREST SERVICE FOREST I'ROTECTION AND UTILIZATION

For an additional amount for "Forest protection and utilization", for: "Forest land management", $54,666,000, of which $2,500,000 for cooperative law enforcement and $5,000,000 for preventing forest fires shall remain available until expended; "Forest research"*. $262,000; and "State and private forestry cooperation", $18,000. CONSTRUCTION A N D L A N D ACQUISITION

For an additional amount for "Construction and hind accpiisition", $170,000, tx) remain available until expended. SMITHSONIAN INSTITUTION SCIENCE INFORMATION

EXCHAN(^K

For an additional amount for "Science information exclumge", $800,000, to remain available until expended. JOINT FEDERAL-STAIT: LAND USE PLANXiN(i COMMISSION KOK ALASKA SALARIES AND EXPENSES

85 Stat. 688. 43 USC 1601

note

For payment of the United States share of the current fiscal year expenses of the Joint Federal-State Land Use Planning (Commission for Alaska, as authorized by law (Public Law 92-203), $125,000: Provided, That this appropriation shall not be available for more than onehalf of the expenses of the Commission. H I S TO R I C A I. AND M E M O R I A L (X)MMLSSIX AMERICAN REVOLUTION BICENTENNIAL CO:MMISSTOX SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses", including grants-in-aid, as authorized by law, $2,400,000, to remain available until expended.

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CHAPTEK VII DEPARTMENT OF LABOR MANPOWER ADMINISTRATION MANPOWER TRAINING SERVICES

For an additional amount for "Manpower training services". $156,550,000, to remain available until September 30, 1972: Provided. That this appropriation shall not be available for the purposes of sections 106(d) and 309(b) of the Manpower Development and Training Act of 1962, as amended. 13^5^ ^'°*- ^^52, 42 USC 2573, LIMITATION ON GRANTS TO STATES FOR UNEMPLOYMENT INSURANCE AND 2619. EMPLOYMENT SERVICES

For an additional amount for "Limitation on grants to States foiunemployment insurance and employment services", $20,000,000, to be expended from the Employment Security Administration account in the L'nemployment Trust Fund. EMPLOYMENT STANDARDS ADMINISTRATION FEDERAL WORKMEN'S COMPENSATION BENEFITS

For an additional amount for "Federal workmen's compensation benefits'-, $22,000,000. DEPARTMENT OF HEALTH, EDUCATION, AND WELFAR E HEALTH

SERVICES AND MENTAL HEALTH

ADMINISTRATION

PATIENT C A R E AND SPECIAL HEALTH SERVICES

For an additional amount for "Patient care and special health services", $5,610,000. MEDICAL FACILITIES GUARANTEE AND LOAN FUND

For payment of principal and interest on defaulted loans guaranteed under part B of title VI of the Public Health Service Act. $50,000,000, to remain available until expended.

s^ ^tat. 344. " ^ ^^^ ^^^^" ^

NATIONAL INSTITUTES OF HEALTH NATIONAL C A N C E R INSTITUTE

For an additional amount for the "National Cancer Institute". $40,000,000, to remain available through June 30, 1973. OFFICE OF EDUCATION ELEMENTARY AND SECONDARY EDUCATION

For an additional amount for "Elementary and Secondary Education", $3,000,000, to carry out section 222(a)(2) of the Economic Opportunity Act of 1964 as amended.

si Stat. 698. 42 USC 2809.

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PUBLIC LAW 92-306-MAY 27, 1972 HIGHER

72 Stat. 1580. note. "^^ ^

[86 STAT.

EDUCATION

For an additional amount for "Higher Education," $100,000,000, including $15,000,000 for educational opportunity grants, $25,600,000 for college work-study programs, and $23,600,000 for student loans under the National Defense Education Act: Provided, That the funds appropriated herein shall remain available until June 30, 1973. SOCIAL AND REHABILITATION SERVICE GRANTS TO STATES FOR PUBLIC ASSISTANCE

For an additional amount for "Grants to States for public assistance", including $2,850,000 for transfer to the appropriation for "Salaries and expenses. Social and Eehabilitation Service". $806,291,000. RELATED AGENCIES ,,

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses", $573,000, to be derived by transfer from the appropriation to the Department of Labor, the Workplace Standards Administration, for "Salaries and expenses", fiscal year 1972. OFFICE OF ECONOMIC OPPORTUNITY ECONOMIC OPPORTUNITY PROGRAM

42 us^ 2809

For an additional amount for the "Economic Opportunity Program", $20,000,000, to carry out a program of emergency food and medical services, as authorized by section 222(a)(5) of the Economic Opportunity Act of 1964, as amended: Provided, That funds app)ropriated herein shall remain available until September 30, 1972..

RAILROAD RETIREMENT BOARD

LIMITATION ON SALARIES AND EXPENSES

'

For an additional amount for "Limitation on salaries and expenses", $420,000 to be derived from the Railroad Retirement accounts. CHAPTER VIII LEGISLATIVE BRANCH HOUSE OF REPRESENTATIVES SALARIES, OFFICERS AND EMPLOYEES COMMITTEE ON APPROPRIATIONS

For an additional amount for the "Committee on Appropriations". $221,000. MEMBERS' CLERK H I R E

For an additional amount for "Members' clerk hire", $1,500,000,

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171

JOINT ITEMS CONTINGENT EXPENSES OF THE SENATE JOINT COMMITTEE ON INAUGURAL CEREMONIES OF 197;J

For construction of platform and seating stands and for salaries and expenses of conducting the inaugural ceremonies of the President and Vice President of the United States, January 20, 1973, in accordance with such program as may be adopted by the joint committee authorized by concurrent resolution of the Senate and House of Representatives, $650,000, to remain available through Jnne 30, 1973. ARCHITECT OF THE CAI'ITOJ. CAPITOL BUILDINGS AND GROINDS

Capitol Grounds For an additional amount for "Capitol Gromids" to enable the Architect of the Capitol to convert square 721 North and square 721 South and the roadway between such squares, now a part of the UJiited States Capitol Grounds, for use for temporary parking facilities for the United States Senate, $130,000, to remain available until June 30, 1973. House Office Buildings For an additional amomit for "House Office Huildiugs", $330,000, to remain available until June 30, 1973. CHAPTER IX

PUBLIC WORKS DEPARTMENT OF THE INTERIOR SourHWESTERN P O W E R OPERAITON A N D

ADMINISTRATION'

MAINTENANCE

For an additional amount for "Operation and Maintenance*', $180,000, to be derived by transfer from the appropriation for "Construction," Southwestern Power Administration. CHAPTER X tii

DEPARTMENT OF STATE AD3IINISTRATION OF FOREIGN AFFAIRS SALARIES AND EXPENSES

For an additional amount for "Salaries fuid expenses", $716,000. P A Y M E N T TO FOREIGN SERVICE RETIREMENT A N D DlSAlUElTY F U N D

For an additional amount for "Payment to Foivign Service retirement and disability fund", $1,014,000.

',^

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[86 STAT.

INTERNATIONAL ORGANIZATIONS AND CONFKRF.NCKS CONTRIBUTIONS TO INTERNATIONAL, ORGANIZATIONS

For an additional amount for''Coiitributions t internatiourtl organizations", $9,308,360. INTERNATIONAL CONFERENCES AND CONTINGENCIES

85 Stat. 247.

For an additional amount for "International conferences and contingencies", $52,000; and not to exceed $100,000 (including $3,000 for official entertainment) of the amount appropriated under this head in the Department of State Appropriation Act, 1972, shall remain available until December 31, 1972. EDUCATIONAL EXCHANGE M U T U A L E D U C A T I O N A L A N D CULTURAL EXCH.XNGK ACTIVl'I'IES

For an additional amount for "Mutual educational and cultural exchange activities", $100,000.

1)P:PAKTMENT OF JFSTK E LE(JAL ACTIVITIES AND GENERAL ADMINISTRATION FKES AND EXPENSES OK WITNESSES

For an additional amount for "Fees and expenses of witnesses", including not be exceed $250,000 for compensation and expenses of expert witnesses, $2,400,000. FEDERAL ]*KISON SYSTEM SI PPORT OF I'XITED ST.ATES PRISONERS

For an additional amount for "Support of United States prisoners", >; 1,545,000. THE J U D K I A R Y Sri'KEME COURT OE THE T ' N I T E D ST.ATES MISCELL-ANEOl'S

EXl'ENSES

For an additional amount for "Miscellaneous expenscs", including hire of a replacement passenger motor vehicle, $750. CorRTs OF

APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL SERVICES SALARIES OF.ILIXJES

68 Stat. 12; 71 Stat. 586.

For additional funds to cover salaries and benefits for justices and judges retired or resigned under title 28. Fnited States Code, sections 371,372,373; $500,000. REPRESENTATION^ KY CX)LTRr-Al>POINTED COUNNKL.AND OPERATION OF DEFENDER ORGANIZATIONS

84 Stat. 916.

For additional funds to cover the operation of Federal Public Defender and Community Defender organizations, and the compensation and reimbursement of expenses of attorneys appointed to represent persons under the Criminal Justice Act of 1964 (18 U.S.C. 3006A. as amended by Public Law 91-447, October 14, 1970), $2,500,000.

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PUBLIC LAW 92-306-MAY 27, 1972 F E E S OF J U R O R S

173

For additional funds to cover fees, expenses, and costs of jurors; and compensation of jury commissioners; $2,200,000. BELATED AGENCIES FOREIGN CLAIMS SETTLEMENT COMMISSION SALARIES AND EXPENSES

The limitation on expenses of travel for fiscal year 1972 is increased by $19,000. SMALL BUSINESS ADMINISTRATION SALARIES A N D

EXPENSES

For an additional amount for "Salaries and Expenses", $500,000 to he transferred from the Disaster Loan Fund. DISASTER LOAN F U N D

For additional capital for the "Disaster loan fund", authorized by the Small Business Act, as amended, $70,000,000, to remain available until expended.

72 Stat. 334. is use 631 note.

UNITED STATES INFORMATION AGENCY SPECIAL INTERNATIONAL E X H I B I T I O N S

 * r> •

For an additional amount for "Special international exhibitions". to remain available until expended, $82,000, to be derived by transfer from the appropriation to the United States Information Agency for "Salaries and expenses", fiscal year 1972.

o,t::, 7. • -• •

CHAPTEE XI DEPARTMENT OF TRANSPORTATION COAST GUARD OPERATING EXPENSES

For an additional amount for "Operating expenses", $540,000. STATE BOATING SAFETY ASSISTANCE

For financial assistance for State boating safety programs in accordance with the provisions of the Federal Boat Safety Act of 1971 (Public Law 92-75), $3,000,000 to remain available until expended.

H l'^^ ^^^^ note.

FEDERAL AVIATION ADMINISTRATION FEDERAL PAYMENT TO THE AIRPORT AND AIRWAY TRUST FUND

For an additional amount for "Federal payment to the Airport and Airway trust fund", $66,138,000.

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[86 STAT.

'XATIONAI. HTGUWAY TRAFFIC SAFETY ADMINTSTR.ATIO.V STATK A N D C O M M IX I T V H I G H W A Y SAFETY ( L I Q II D A T TO N OF (^INTKACT AUTHORIZATION)

For an additional amount for '"State and Community Highway Safety-', $i2,000,00 to remain available until expended. FEDERAL RAILROAD

ADMiNisTjt.\TioN

GRANTS TO N A T I O N A L RAILROAD PASSENGER (^ORPOR.VnoN

84 Stat. 1327. 45 USC 501 note.

To enable the Secretary of Transportation to make grants to the National Railroad Passenger Corporation, as authorized by section 601 of the Rail Passenger Service Act of 1970, as amended, $170,000,000 to remain available until expended: Provided, That this appropriation shall be available only upon the enactment into law of authorizing legislation by the Ninety-second Congress.

( HAPTER X H P:XK(TJTIVE OFFICE OF THE PRESIDENT '

1

N.viTONAL COMMISSION ON PRODrciivirv SAI^ARIES A N D E X P E N S E S

80 Stat. 416. 5 USC 5332 note.

For necessary expenses of the National Commission on Productivity, including services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for ( T S - 1 8, aod hire of passenger motor vehicles, $2,500,000, to remain available until April 30, 1973: Provided, That the unexpended balance of the amount appropriated for expenses of said Commission in the appropriation for "Salaries and expenses''. Council of Economic Advisers, shall be transferred to this appropriation. INDEPENDENT AGENCIES j.1;

CIVIL SERVICE COMMISSION PAYMENT TO CIVIL SERVICE RETIREMENT AND DISAHILITV FUN I)

For an additional amount for "Payment to Civil Service retirement and disability fund"', $109,700,000. COMMISSION

' '

ON

(TOVERNMENT

SAL.VRIES A N D

PROCTRE.MENT

EXPENSES

For an additional amount for "Salaries and expenses", $1,400,000, to remain available until expended. COMMIRREE FOR THE PURCHASE OF, PRODUCTS AND SERVICES OF J HE BLIND AND OTHER SEVERELY HANDK APPED -^ -

85 Stat. 77. 41 USC 46.

H^ '

J

 * ^I SALARIES AND EXPENSES

For expenses necessary for the Committee for Purchase of Products and Services of the Blind and Other Severely Handicapped, established by the Act of June 23, 1971 (Public I ^ w 92-28), including hire of passenger motor vehicles, $83,000.

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175

GENEKAL SERVICES ADMINISTRATION PUBLIC BUILDINGS SERVICE CONSTRUCTION, PUBLIC BUILDINGS PROJECTS

For an additional amount for "Construction, public buildings projects", $45,958,000, to remain available until expended: Provided, That the foregoing amount shall be available for public buildings projects at locations and at maximum construction improvement costs (excluding funds of sites and expenses), as follows: Federal office building (superstructure), Chicago, Illinois, in addition to the sums heretofore appropriated, $7,151,000; Courthouse and Federal office building (superstructure), Philadelphia, Pennsylvania, in addition to the sum heretofore appropriated, $14,360,000; Federal Bureau of Investigation building (superstructure), District of Columbia, in addition to the sum heretofore appropriated, $22,842,000; and Federal Bureau of Investigation Academy, Quantico, Virginia, in addition to the sums heretofore appropriated, $1,605,000: Provided further, That the appropriations for the Federal office building (superstructure), Chicago, Illinois; the Courthouse and Federal office building (superstructure), Philadelphia, Pennsylvania; and the Federal Bureau of Investigation building (superstructure), Washington, D.C., shall be available only upon the approval of the revised prospectuses by the Committees on "Public Works of the Congress: Provided further. That the foregoing limits of costs may be exceeded to the extent that savings are effected in other projects, but by not to exceed 10 per centum. SITES AND EXPENSES, PUBLIC BUILDINGS PROJECTS

For an additional amount for "Sites and expenses, public buildings projects'', $2,297,000, to remain available until expended. UNITED STATES TAX COURT ,-V* = - O'f iM'-'-<^"

S A L A R I E S AND EXPENSES

''

For an additional amount for "Salaries and expenses", $399,400. CHAPTER X III CLAIMS AND JUDGMENTS

For payment of claims settled and determined by departments and agencies in accord with law and judgments rendered against the United States by the United States Court of Claims and United States district courts, as set forth in Senate Document Numbered 71, Ninety-second Congress, $5,508,032, together with such amounts as may be necessary to pay interest (as and when specified in such judgments or provided by law) and such additional sums due to increases in rates of exchange as may be necessary to pay claims in foreign currency: Provided, That no judgment herein appropriated for shall be paid until it shall become final and conclusive against the United States by failure of the parties to appeal or otherwise: Provided further, That unless otherwise specifically required by law or by judgment, payment of interest wherever appropriated for herein shall not continue for more than thirty days after the date of approval of the Act.

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PUBLIC LAW 92-306-MAY 27, 1972 TITLE II

[86 STAT. >

i

I N C R E A S E D P A Y COSTS For additional amounts for appropriations for the fiscal year 1972, for increased pay costs authorized by or pursuant to law, as follows: LEGISLATIVE BRANCH SENATE

"Salaries, officers and employees", $1,207,865; •'Office of the Legislative Counsel of the Senate", $6,465; Contingent expenses of the Senate: "Senate policy committees", $15,170; "Inquiries and investigations", $268,950, including $7,345 for the Committee on Appropriations; "Folding documents", $1,580; "Miscellaneous items", $1,250; HOUSE OF REPRESENTATIVES SALARIES, OFFICERS AND EMPLOYEES

"Office of the Speaker", $7,400; "Office of the Clerk", $70,000; "Office of the Doorkeeper", $75,000; "Office of the Postmaster", $26,500; Special and minority employees: "Six minority employees", $3,200; "House Democratic Steering Committee", $1,600; "House Republican Conference", $1,600; "Office of the majority floor leader", $2,500; "Office of the minority floor leader", $2,000; "Office of the majority whip", $2,000; "Office of the minority whip';, $2,000; "Two printing clerks for majority and minority caucus rooms", $650; "Technical assistant. Office of the Attending Physician", $575; "Official reporters of debates", $4,500; • "Official reporters to committees", $4,100; "Committee on Appropriations", $4,000; "Office of the Legislative Counsel", $16,500; "Members'Clerk Hire", $2,000,000; "Special and select committees", $230,000; "Speaker's automobile", $425; "Majority leader's automobile", $425; "Minority leader's automobile", $425; JOINT ITEMS

"Joint Committee on Reduction of Federal Expenditures'", $1,810; Contingent Expenses of the Senate "Joint Economic Committee", $16,665; "Joint Committee on Atomic Energy", $8,745; "Joint Committee on Printing", $5,565;

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Page:United States Statutes at Large Volume 86.djvu/219

 86 STAT. ]

PUBLIC LAW 92-306-MAY 27, 1972 Contingent Expenses of the House

"Joint Committee on Internal Revenue Taxation", $23,050; "Joint Committee on Defense Production", $3,400; ARCHITECT OF THE CAPITOL

Office of the Architect of the Capitol: "Salaries", $10,000; Capitol buildings and grounds: "Capitol grounds'\ $10,000; "Senate garage", $2,600; "House office buildings", $60,000; Library buildings and grounds: "Structural and mechanical care", $9,000; BOTANIC GARDEN

"Salaries and expenses", $24,700; LIBRARY or CONGRESS

"Salaries and expenses", $448,000, of which $79,000 shall be derived by transfer from the appropriation for "Distribution of catalog cards: Salaries and expenses": Copyright Office: "Salaries and expenses", $32,000, to be derived by transfer from the appropriation for "Distribution of catalog cards: Salaries and expenses"; Congressional Research Service: "Salaries and expenses", $72,000, to be derived by transfer from the appropriation for "Distribution of catalog cards: Salaries and expenses"; "Books for the Blind and Physically Handicapped: Salaries and expenses", $17,000, to be derived by transfer from the appropriation for "Distribution of catalog cards: Salaries and expenses"; GOVERNMENT PRINTING OFFICE

Office of Superintendent of Documents: "Salaries and expenses", $384,000; GENERAL ACCOUNTING OFFICE

"Salaries and expenses", $2,100,000; UNITED STATES TAX COURT

"Salaries and expenses", $59,513; THE JUDICIARY SUPREME COURT OF THE UNITED STATES

"Care of the building and grounds", $13,000; COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL SERVICES

"Salaries of supporting personnel", $1,200,000; "Administrative Office of the United States Courts", $40,000; "Expenses of referees", $120,000;

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