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Public Law 92-127 AN ACT To authorize the Secretary of the Interior to establish the Liiieohi Home National Historic Site in the State of Illinois, and for other piirposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in order to preserve and interpret for the benefit of present and future generations the home of Abraham Lincoln in Springfield, Illinois, the Secretary of the Interior is authorized to acquire by donation, purchase with donated or appropriated funds, or exchange the property and improvements thereon in the city of Springfield, Illinois, within the area generally depicted on the map entitled "Boundary Map, Lincoln Home National Historic Site", numbered LIHO-20,000 and dated April 1970, which he deems necessary for the establishment and administration of a national historic site: Provided, That lands or interests in lands owned by such State or city may be acquired by donation only. The map shall be on file and available for public inspection in the offices of the National P a r k Service, Department of the Interior. SEC. 2. The property acquired pursuant to the first section of this Act shall be known as the Lincoln Home National Historic Site, and it shall be administered by the Secretary of the Interior in accordance with the Act of August 25, 1916 (39 Stat. 535), as amended and supplemented (16 U.S.C. 1, 2 ^), and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-467). SEC. 3. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act, but not more than $2,003,000 (said sum shall include relocation assistance required by Public Law 91-646) for the acquisition of property, and not more than $5,860,000 (February 1970 prices) for development of the area, plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction cost as indicated by engineering cost indexes applicable to the types of construction involved herein. Approved August 18, 1971.

August 18, 1971 [H. R. 9798]

Lincoln Home National Historic Site, 111. Establishment.

Administration.

Appropriation.

84 Stat. 1894. 42 USC 4601 note.

Public Law 92-128 AN ACT To amend title 18, United States Code, to prohihit the establishment of detention camps, 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) section 4001 of title 18 of the United States Code is amended by designating the first and second paragraphs thereof as " (b)(1) " and " (2)", respectively, and by inserting at the beginning thereof the following: " (a) No citizen shall be imprisoned or otherwise detained by the United States except pursuant to an Act of Congress." (b) The section heading of such section 4001 is amended to read as follows: "§ 4001. Limitation on detention; control of prisons.** (c) The chapter analysis of chapter 301 of such title 18 is amended by striking out the item relating to section 4001 and inserting in lieu thereof the following: "4001. Limitation on detention: control of prisons."

September 25, 1971 [H. R. 234]

Detention camps; citizen imprisonment. Limitation. 62 Stat. 847.

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Repeal. 64 Stat. 1019. 80 Stat. 559.

73 Stat. 4 5 3.

[85 STAT.

SEC. 2. (a) Title II of the Internal Security Act of 1950 (50 U.S.C. 811-826) is hereby repealed. (b) Section 8312(c)(1)(C) of title 5, United States Code, is amended by striking o u t ", 822 (conspiracy or evasion of apprehension during internal security emergency), or 823 (aiding evasion or apprehension during internal security emergency)". (c) Clause (4) of section 3505(b) of title 38, United States Code, is amended to read as follows:" (4) in section 4 of the Internal Security Act of 1950.". Approved September 25, 1971. Public Law 92-129

September 28, 1971

[H. R. 6531]

Military Seiective Service Act of 1967, amend-

ments,

^^

ACT

']^Q amend the Military Selective Service Act of 1967; to increase military pay; to authorize military active duty strengths for fiscal year 1972; and for other purposes.

Be it enacted by the Senate and House of Representatives United States of America in Conqress assembled. ^

of the

"^

srsrauToo. 451° ^^*^ ^^^' Registration,

TITLE I—AMENDMENTS TO THE MILITARY SELECTIVE SERVICE ACT O F 1967; R E L A T E D PROVISIONS SEC. 101. (a) The Military Selective Service Act of 1967, as amended, is amended as follows: (1) Section 1(a) is amended to read as follows: " (a) This Act may be cited as the 'Military Selective Service Act'." (^) Section 3 is amended to read as follows: "SEC. 3. Except as otherwise provided in this title, it shall be the

65 Stat. 76.

d u t y of evcry male citizen of the United States, and every other m a l e

Short title redesignation.

453.

^^^'

Induction. 454.

Post, p. 350.

person residing in the United States, who, on the day or days fixed for the first or any subsequent registration, is between the ages of eighteen and twenty-six, to present himself for and submit to registration at such time or times and place or places, and in such manner, as shall be determined by proclamation of the President and by rules and regulations prescribed hereunder. The provisions of this section shall not be applicable to any alien lawfully admitted to the United States as a nonimmigrant under section 101(a) (15) of the Immigration and Nationality Act, as amended (66 Stat. 163; 8 U.S.C. 1101), for so long as he continues to maintain a lawful nonimmigrant status in the United States." (3) x h e first two paragraphs of section 4(a) are amended to read as lollows: "Except as otherwise provided in this title, every person required to register pursuant to section 3 of this title who is between the ages of eighteen years and six months and twenty-six years, at the time fixed for his registration, or who attains the age of eighteen years and six months after having been required to register pursuant to section 3 of this title, or who is otherwise liable as provided in section 6(h) of this title, shall be liable for training and service in the Armed Forces of the United States: Provided, That each registrant shall be inmiediately liable for classification and examination, and shall, as soon as practicable following his registration, be so classified and examined, both physically and mentally, in order to determine his availability for induction for training and service in the Armed Forces: Provided further, That, notwithstanding any other provision of law, any registrant who has failed or refused to report for induction shall continue to remain liable for induction and when available shall be immediately inducted. The President is authorized, from time to time, whether or

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not a state of war exists, to select and induct into the Armed Forces of the United States for training and service in the manner provided in this title (including but not limited to selection and induction by age group or age groups) such number of persons as may be required to provide and maintain the strength of the Armed Forces. "At such time as the period of active service in the Armed Forces required under this title of persons who have not attained the nineteenth anniversary of the day of their birth has been reduced or eliminated pursuant to^the provisions of section 4(k) of this title, and except 80"^^^^ ggg"' as otherwise provided in this title, every person who is required to regso use app. ister under this title and who has not attained the nineteenth anniver- '*^'*' sary of the day of his birt,h on therdate such period of active service is reduced or eliminated or who is otherwise liable as provided in section 6(h) of this title, shall be liable for training in the National Security ^°^'' P- ^SO. Training Corps: Provided, That persons deferred under the provisions !1 Stat. of section 6 of this title shall not be relieved from liability for induc- 50 USC a100. pp. tion into the National Security Training Corps solely by r-eason of 455"^ having exceeded the age of nineteen years during the period of such deferment. The President is authorized, from time to time, whether or not a state of war exists, to select and induct for training in the National Security Training Corps as hereinafter provided such number of persons as may be required to further the purposes of this title." 77. (4) The fourth paragraph of section 4(a) is amended by striking out 65 Stat. app. 50 USC "Secretary of the Treasury" and inserting in lieu thereof "Secretary of 454^ Transportation". (5) Section 4(b) is amended by striking out "Secretary of the Treas- 70A Stat. 630. ury" each time it appears and inserting in lieu thereof "Secretary of Transportation". (6) Section 4(d)(1) is amended by striking out "(except a per- 62 Stat. 607. son enlisted under subsection (g) of this section)", (7) Section 4(d)(3) is amended by striking out "Secretary of the '^^ ^'^'' ^^"^^ Treasury" each time it appears and inserting in lieu thereof "Secretary of Transportation". (8) The last proviso of section 5(a) is amended by striking out AUens, resi"and" at the end of paragraph (1); by striking out the period at the Ts'^^st'^t^^ss!'"""** end of paragraph (2) and inserting in lieu thereof a semicolon and the §3 Stat. 220. word "and"; and by adding a new paragraph as follows: 45^5° ^^^ °^^' " (3) no local board shall order for induction for training and service in the Armed Forces of the United States an alien unless such alien shall have resided in the United States for one year." (9) Section 5 is further amended by adding at the end thereof the.1"'!"'^"°" limitafollowing new subsections: " (d) Whenever the President has provided for the selection of persons for training and service in accordance with random selection under subsection (a) of this section, calls for induction may be placed under such rules and regulations as he may prescribe, notwithstanding the provisions of subsection (b) of this section. "(e) Notwithstanding any other provision of this Act, not more than 130,000 persons may be inducted into the Armed Forces under this Act in the fiscal year ending June 30, 1972, and not more than 140,000 in the fiscal year ending June 30, 1973, unless a number greater than that authorized in this subsection for such fiscal year or years is authorized by a law enacted after the date of enactment of this subsection." (10) The first sentence of section 6(a)(1) is amended by striking tio^ardlVei^^'ent^' out the period and inserting in lieu thereof a colon and the following: ' sTstauTiT ' '•'•Provided, That any alien lawfully admitted for permanent residence ^o use app. as defined in paragraph (20) of section 101(a) of the Immigration '*^^* and Nationality Act, as amended (66 Stat. 163, 8 U.S.C. 1101), and who by reason of occupational status is subject to adjustment to non-

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PUBLIC LAW 92-129-SEPT. 28, 1971

66 Stat. 218. 8 USC 1257. Ante,

p. 348.

Active duty requirement. 81 Stat. 101. 50 USC a p p. 456. 69 Stat. 224. 62 Stat. 609. 65 Stat. 83; 69 Stat. 604.

76 Stat. 167; 79 Stat. 1318.

Divinity stud e n t s, deferment.

Ante,

p. 348.

Repeal, 81 Stat. 102. High school s t u d e n t s, defer ment. 65 Stat. 85.

College stud e n t s, deferment.

[85 STAT.

immig:rant status under paragraph (15)(A), (15)(E), or (15)(G) of such section 101(a) but who executes a waiver in accordance with section 247(b) of that Act of all rights, privileges, exemptions, and immunities which would otherwise accrue to him as a result of that occupational status, shall be subject to registration under section 3 of this Act, but shall be deferred from induction for training and service for so long as such occupational status continues." (11) The second sentence of section 6(a)(1) is amended by striking out "eighteen" each time it appears and inserting in lieu thereof "twelve". (12) Section 6(b)(3) is amended by striking out "section 4(i) " and inserting in lieu thereof "section 5(a) ". (13) Section 6(b)(4) is amended by striking out "or section 4(g) ". (14) Section 6(d)(1) is amended by striking out "Secretary of the Treasury" each time it appears and inserting in lieu thereof "Secretary of Transportation"; and by striking out "section 4(d)(3) of this Act" each time it appears and inserting in lieu thereof "section 651 of title 10, United States Code". (15) Section 6(d)(5) is amended by striking out "Environmental Science Services Administration" each time it appears and inserting in lieu thereof "National Oceanic and Atmospheric Administration". (16) Section 6(g) is amended to read as follows: " (g)(1) Regular or duly ordained ministers of religion, as defined in this title, shall be exempt from training and service, but not from registration, under this title. "(2) Students preparing for the ministry under the direction of recognized churches or religious organizations, who are satisfactorily pursuing full-time courses of instruction in recognized theological or divinity schools, or who are satisfactorily pursuing full-time courses of instruction leading to their entrance into recognized theological or divinity schools in which they have been preenroUed, shall be deferred from training and service, but not from registration, under this title. Persons who are or may be deferred under the provisions of this subsection shall remain liable for training and service in the Armed Forces under the provisions of section 4(a) of this Act until the thirtyfifth anniversary of the date of their birth. The foregoing sentence shall not be construed to prevent the exemption or continued deferment of such persons if otherwise exempted or deferrable under any other provision of this Act." (17) Section 6(h)(1) is repealed. (18) Section 6(h)(2) is amended by striking out the designation " (2) " and the word "graduate" from the first sentence. (19) Section 6(i)(1) is amended to read as follows: " (1) Any person who is satisfactorily pursuing a full-time course of instruction at a high school or similar institution of learning and is issued an order for induction shall, upon the facts being presented to the local board, have his induction postponed (A) until the time of his graduation therefrom, or (B) until he attains the twentieth anniversary of his birth, or (C) until he ceases satisfactorily to pursue such course of instruction, whichever is the earliest. Notwithstanding the preceding sentence, any person who attains the twentieth anniversary of his birth after beginning his last academic year of high school shall have his induction postponed until the end of that academic year if and so long as he continues to pursue satisfactorily a full-time course of instruction." (20) Section 6(i)(2) is amended to read as follows: "(2) Any person who while satisfactorily pursuing a full-time course of instruction at a college, university, or similar institution is ordered to report for induction under this title, shall, upon the appropriate facts being presented to the local board, have his induction postponed (A) until the end of the semester or term, or academic

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351

PUBLIC LAW 92-129-SEPT. 28, 1971

year in the case of his last academic year, or (B) until he ceases satisfactorily to pursue such course of instruction, whichever is the earlier." (21) Section 6(j) is amended by (A) striking out in the third sentence "local board pursuant to Presidential regulations" and inserting in lieu thereof "Director"; and (B) adding at the end of such section the following "The Director shall be responsible for finding civilian work for persons exempted from training and service under this subsection and for the placement of such persons in appropriate civilian work contributing to the maintenance of the national health, safety, or interest." (22) Section 6(o) is amended to read as follows: "(o) Except during the period of a war or a national emergency declared by Congress, no person may be inducted for training and service under this title unless he volunteers for such induction— "(1) if the father or a brother or a sister of such person was killed in action or died in line of duty while serving in the Armed Forces after December 31, 1959, or died subsequent to such date as a result of injuries received or disease incurred in line of duty during such service, or " (2) during any period of time in which the father or a brother or a sister of such person is in a captured or missing status as a result of such service. As used in this subsection, the term 'brother' or 'sister' means a brother of the whole blood or a sister of the whole blood, as the case may be." (23) Section 9(j) is amended by striking out "or Treasury" and inserting in lieu thereof "or Transportation". (24) Section 10(a)(3) is amended to read as follows: " (3) The Director shall be appointed by the President, by and with the advice and consent of the Senate." (25) Section 10(b)(2) is amended by changing the first semicolon to a colon and inserting immediately thereafter the following: "Provided. That no State director shall serve concurrently in an elected or appointed position of a State or local government without the approval of the Director;". (26) Section 10(b)(3) is amended by striking out all down through the first period and the succeeding seven sentences, and inserting in lieu thereof the following: "(3) to create and establish within the Selective Service System civilian local boards, civilian appeal boards, and such other civilian agencies, including agencies of appeal, as may be necessary to carry out its functions with respect to the registration, examination, classification, selection, assignment, delivery for induction, and maintenance of records of persons registered under this title, together with such other duties as may be assigned under this title: Provided, That no person shall be disqualified from serving as a counselor to registrants, including service as Government appeal agent, because of his membership in a Reserve component of the Armed Forces. He shall create and establish one or more local boards in each county or political subdivision corresponding thereto of each State, territory, and possession of the United States, and in the District of Columbia. The local board and / or its staff shall perform their official duties only within the county or political subdivision corresponding thereto for which the local board is established, or in the case of an intercounty board, within the area for which such board is established, except that the staffs of local boards in more than one county of a State or comparable jurisdiction may be collocated or one staff may serve local boards in more than one county of a State or comparable jurisdiction when such action is approved by the Governor or comparable executive official or officials. Each local board shall consist of three or more members to be appointed by the President from recommendations made by the respective Governors or comparable executive officials. I n making such appointments

Conscientious objectors, 81 Stat. 104. 50 USC app. 456.

Induction exemption. 78 Stat. 296.

"Brother," "sister." 62 Stat. 618} 64 Stat. 1074. 50 USC app. 459. 50 USC a p p. 460.

e i v i l i a n local boards. 81 Stat. 104.

Membership.

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Repeal. 62 Stat. 618. 50 USC app. 460. Selective Service System, maintenance. 65 Stat. 87.

Burial e x p e n s e s, 62 Stat. 6 2 1. 50 USC a p p. 461.

80 Stat. 29. 81 Stat. 105. 50 USC app. 462.

PUBLIC LAW 92-129-SEPT. 28, 1971

[85 STAT.

after the date of the enactment of the Act enacting this sentence, the President is requested to appoint the membership of each local board so that to the maximum extent practicable it is proportionately representative of the race and national origin of those registrants within its jurisdiction, but no action by any local board shall be declared invalid on the ground that any board failed to conform to any particular quota as to race or national origin. No citizen shall be denied membership on any local board or appeal board on account of sex. After December 31, 1971, no person shall serve on any local board or appeal board who has attained the age of 65 or who has served on any local board or appeal board for a period of more than 20 years. Notwithstanding any other provision of this paragraph, an intercounty local board consisting of at least one member from each component county or corresponding subdivision may, with the approval of the Governor or comparable executive official or officials, be established for an area not exceeding five counties or political subdivisions corresponding thereto within a State or comparable jurisdiction when the President determines, after considering the public interest involved, that the establishment of such local board area will result in a more efficient and economical operation. Any such intercounty local board shall have within its area the same power and jurisdiction as a local board has in its area. A local board may include among its members any citizen otherwise qualified under Presidential regulations, provided he is at least eighteen years of age. No member of any local board shall be a member of the Armed Forces of the United States, but each member of any local board shall be a civilian who is a citizen of the United States residing in the county or political subdivision corresponding thereto in which such local board has jurisdiction, and each intercounty local board shall have at least one member from each county or political subdivision corresponding thereto included within the intercounty local board area." (27) Section 10(e) is repealed. (28) Section 10(f) is amended by striking out "$50" and inserting in lieu thereof "$500". (29) Section 10 is further amended by adding at the end thereof a new subsection as follows: " (h) If at any time calls under this section for the induction of persons for training and service in the Armed Forces are discontinued. iDccause the Armed Forces are placed on an all volunteer basis for meeting their active duty manpower needs, the Selective Service System, as it is constituted on the date of the enactment of this subsection, shall, nevertheless, be m.aintained as an active standby organization, with (1) a complete registration and classification structure capable of immediate operation in the event of a national emergency, and (2) personnel adequate to reinstitute immediately the full operation of the System, including military reservists who are trained to operate such System and who can be ordered to active duty for such purpose in the event of a national emergency." (30) Section 11 is amended to read as follows: "SEC. 11. Under such rules and regulations as may be prescribed by the President, funds available to carry out the provisions of this title shall also be available for the payment of actual and reasonable expenses of emergency medical care, including hospitalization, of registrants who suffer illness or injury, and the transportation and burial of the I'emains of registrants w4io suffer death, while acting under orders issued under the provisions of this title, but such burial expenses shall not exceed the maximum that the Administrator of Veterans' Affairs may pay under the provisions of section 902(a) of title 38, United States Code, in any one case." (31) Section 12 is amended by adding at the end thereof a new subsection (d) as follows:

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" (d) No person shall be prosecuted, tried, or punished for evading, neglecting, or refusing to perform the duty of registering imposed by section 3 of this title unless the indictment is found within five years ^"'^' P* ^^S. next after the last day before such person attains the age of twenty-six, or within five years next after the last day before such person does perform his duty to register, whichever shall first occur." (32) Section 13(b) is amended by adding at the end thereof the ^fguu 62^3^' following: "Notwithstanding the foregoing sentence, no regulation so use app.' issued under this Act shall become effective until the expiration of '*^3' thirty days following the date on which such regulation has been published in the Federal Eegister. After the publication of any regulation and prior to the date on which such regulation becomes effective, any person shall be given an opportunity to submit his views to the Director on such regulation, but no formal hearing shall be required on any such regulation. The requirements of this subsection may be waived by the President in the case of any regulation if he (1) determines that compliance with such requirements would materially impair the national defense, and (2) gives public notice to that effect at the time such regulation is issued." (33) Section 15(d) is amended to read as follows: ^^^^ use app. " (d) Except as provided in section 4(c), nothing contained in this es Stat. 78. title shall be construed to repeal, amend, or suspend the laws now in ^^so use app force authorizing voluntary enlistment or reenlistment in the Armed 454. Forces of the United States, including the reserve components thereof, except that no person shall be accepted for enlistment after he has been issued an order to report for induction unless authorized by the Director and the Secretary of Defense and except that, whenever the Congress or the President has declared that the national interest is imperiled, voluntary enlistment or reenlistment in such forces, and their reserve components, may be suspended by the President to such extent as he may deem necessary in the interest of national defense." 50 (34) Section 16(g)(3) is amended by inserting "bona fide" 466. use app. immediately before "vocation". (35) Section 17(c) is amended by striking out "July 1, 1971" and Induction au" inserting in place thereof "July 1, 1973". The amendment made by the thority,. time extension 8 1 Stat. 105. preceding sentence shall take effect July 2, 1971. 50 USC app. (36) At the end of the Act add a new section as follows: 467. ii

PROCEDURAL

RIGHTS

"SEC. 22. (a) I t is hereby declared to be the purpose of this section to guarantee to each registrant asserting a claim before a local or appeal board, a fair hearing consistent with the informal and expeditious processing which is required b}^ selective service cases. " (b) Pursuant to such rules and regulations as the President may prescribe— " (1) Each registrant shall be afforded the opportunity to appear in person before the local or any appeal board of the Selective Service System to testify and present evidence regarding his status. "(2) Subject to reasonable limitations on the number of witnesses and the total time allotted to each registrant, each registrant shall have the right to present witnesses on his behalf before the local board. "(3) A quorum of any local board or appeal board shall be present during the registrant's personal appearance. "(4) In the event of a decision adverse to the claim of a registrant, the local or appeal board making such decision shall, upon request, furnish to such registrant a brief written statement of the reasons for its decision."

6 4 Stat. 318. 50 USC app.

471.

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 354 Savings pro-

Medical n e e d s, study.

Report to P r e s i dent and Congress.

Surviving son, discharge, 65 Stat. 75; 81 Stat. 100. 50 USC app. 451.

PUBLIC LAW 92-129-SEPT. 28, 1971

[85 STAT.

(b) Notwithstanding the repeal of section 6(h)(1) of the Military Selective Service Act of 1967 made by subsection (a) (17) of this section, any person (1) who is satisfactorily pursuing a full-time course of instruction at a college, university, or similar institution of higher learning, (2) who met the academic requirements of a student deferment prescribed in such section 6(h)(1), and (3) who was satisfactorily pursuing such a full-time course prior to the date of enactment of this Act and during the 1970-1971 regular academic school year shall be deferred from induction for training and service in the Armed Forces under the same terms and conditions such person would have been deferred under the provisions of such section 6(h)(1) had such provision not been repealed. (c) The Secretary of Defense and the Secretary of Health, Education, and Welfare shall conduct a joint study of practicable means of meeting the medical needs of the Armed Forces through means which would require less dependence on medical personnel of the Armed Forces. I n carrying out such study special consideration shall be given to the feasibility of providing medical care for military personnel and their dependents under contracts with clinics, hospitals, and individual members of the medical profession at or near United States military installations within and outside the United States. The results of such study, together with such recommendations as the Secretary of Defense and the Secretary of Health, Education, and Welfare deem appropriate, shall be submitted to the President and the Congress not later than six months after the date of enactment of this subsection. (d)(1) Subject to the provisions of paragraph (2) of this subsection any surviving son or sons of a family who (A) were inducted into the Armed Forces under the Military Selective Service Act of 1967, (B) have not reenlisted or otherwise voluntarily extended their period of active duty in the Armed Forces, and (C) are serving on active duty with the Armed Forces on or after the date of enactment of this subsection, and such son or sons could not, if they were not in the Armed Forces, be involuntarily inducted into military service under the Military Selective Service Act as a result of the amendment made by paragraph (22) of subsection (a) of this section, such surviving son or sons shall, upon application, be promptly discharged from the Armed Forces. (2) The provisions of paragraph (1) of this subsection shall not apply in the case of any member of the Armed Forces against whom court-martial charges are pending, or in the case of any member who has been tried and convicted by a court-martial for an offense and whose case is being reviewed or appealed, or in the case of any member who has been tried and convicted by a court-martial for an offense and who is serving a sentence (or otherwise satisfying punishment) imposed by such court-martial, until final action (including completion of any punishment imposed pursuant to such court-martial) has been completed with respect to such charges, review, or appeal, or until the sentence has been served (or until any other punishment imposed has been satisfied), as the case may be. The President shall have authority to implement the provisions of this subsection by regulations. (3) Notwithstanding the amendment made by paragraph (22) of subsection (a) of this section, except during the period of a war or a national emergency declared by Congress, the sole surviving son of any family in which the father or one or more sons or daughters thereof were killed in action before January 1, 1960, or died in line of duty before January 1, 1960, while serving in the Armed Forces of the United States, or died subsequent to such date as a result of

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PUBLIC LAW 92-129-SEPT. 28, 1971

355

injuries received or disease incurred before such date during such service shall not be inducted under the Military Selective Service Act unless he volunteers for induction, ^"'®' P* ^'^^' SEC. 102. Section 1 of the Act of August 3, 1950, chapter 53T, as si Stat. IDS. amended (10 U.S.C. 3201 note), is amended by striking out "July 1, 1971" and inserting in place thereof "July 1, 1973". SEC. 103. Section 9 of the Act of June 27, 1957, Public Law 85-62, as amended (81 Stat. 105), is amended by striking out "July 1, 1971" and ^/^^J^^ ^^^' inserting in place thereof "July 1, 1973". SEC. 104. Sections 302 and 303 of title 37, United States Code, are each amended by striking out "July 1, 1971" whenever that date appears and inserting in place thereof "July 1, 1973". SEC. 105. Section 16 of the Dependents Assistance Act of 1950 (50 App. U.S.C. 2216) is amended by striking out "July 1, 1971" and inserting in place thereof "July 1, 1973". NondiscriminaSEC. 106. Unless prohibited by treaty, no person shall be discrimi- tion. nated against by the Department of Defense or by any officer or employee thereof, in the employment of civilian personnel at any facility or installation operated by the Department of Defense in any foreign country because such person is a citizen of the United States or is a dependent of a member of the Armed Forces of the United States. As. ^f.^V'*^ ° 1 •

1•

j_'

ji

J

{.LP

'^•

•

j_

n

•

i l l

1

i n s t a l l a t i o n ope

used m this section, the term lacility or installation operated by the ated by the DeDepartment of Defense" shall include, but shall not be limited to, any De7^^s"*'°^ officer's club, non-commissioned officers' club, post exchange, or commissary store. TITLE II—PxVY I N C R E A S E FOR UNIFORM E D SERVICES; SPECIAL PAY SEC. 201. Section 203(a) of title 37, United States Code, is amended ^^ ^^at. 649. to read as follows: " (a) The rates of monthly basic pay for members of the uniformed services within each pay grade are set forth in the following tables: "Commissioned Officers

Years of service computed under section 205 2 or less

"Pay grade O-10> 0-9 0-8 0-7 0-6 0-5 0-4 0-32 0-22 0-12

-

-_

Over 2

Over 3

Over 4

Over 6

$2,111.40 1,871.40 1,695.00 1,408.20 1,043.70 834.60 704.10 654.30 570.30 495.00

$2,185.80 1,920.60 1,745.70 1, 504.20 1,147. 20 980. 70 856. 50 731.10 622.80 515.40

$2,185.80 1,961.70 1,787.40 1, 504. 20 1,221.90 1,047.90 914.40 781. 20 748. 20 622.80

$2,185.80 1,961.70 1, 787.40 1, 504.20 1,221.90 1,047.90 914.40 864.90 773.10 622.80

$2,185.80 1,961.70 1, 787. 40 1,571.10 1,221.90 1,047.90 930.60 906.00 789. 30 622.80

Years of service computed under section 205 "Pay grade O-lOi 0-9 0-8 0-7.... 0-6 0-5 0-4 0-32 0-22. 0-12

-

Overs --

75-432 O - 72 - 25

Over 10

Over 12

Over 14

Over 16

$2,269.50 2,011.20 1,920.60 1,571.10 1,221.90 1,047.90 972.30 938.70 789.30 622.80

$2,269.50 2,011.20 1,920.60 1,662.60 1,221.90 1,080.30 1,038.30 989.10 789.30 622.80

$2,443. 50 2 094.60 2,011.20 1,662.60 1,221.90 1,137.90 1,097.10 1,038.30 789.30 622.80

$2,443.50 2,094.60 2,011.20 1,745.70 1,263.30 1,213.80 1,147.20 1,063.80 789.30 622.80

$2,618.40 2,269.50 2,094.60 1,920.60 1,463.10 1,304.70 1,197.00 1,063.80 789.30 622.80

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[85 STAT.

"COMMISSIONED OFFICERS—Continued Yeats of service computed under section 205 "Pay grade

0-101 0-9... 0-8. 0-7 0-6 0-5 0-4 0-3 2 0-2 2 0-12

Over 18

_...

-

Over 20

Over 22

Over 26

Over 30

$2,618.40 2,269.50 2,185.80 2,052.60 1,537.80 1,379.70 1,230.30 1,063.80 789.30 622.80

$2, 793. 30 2, 443. 50 2, 269.50 2,052.60 1,571.10 1,421.10 1, 230. 30 1, 063. 80 789. 30 622.80

$2, 793. 30 2, 443. 50 2, 361. 00 2, 052.60 1,662.60 1, 471. 20 1, 230.30 1, 063.80 789. 30 622.80

$2,967.60 2,618.40 2, 361. 00 2,052.60 1, 803. 30 1,471.20 1, 230. 30 1, 063. 80 789. 30 622.80

$2,967.60 2,618.40 2,361.00 2,052.60 1, 803. 30 1, 471. 20 1,230.30 1, 063.80 789.30 622.80

" ' While serving as Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, or Commandant of the Marine Corps, basic pay for this grade is $3,000 regardless of cumulaUv3 years of service computed under section 205 of this title. "2 Does not apply to commissioned officers w/ho have been credited with over 4 years' active service as enlisted members. "COMMISSIONED OFFICERS WHO HAVE BEEN CREDITED WITH OVER 4 YEARS' ACTIVE SERVICE AS ENLISTED MEMBERS Years of service computed under section 205 "Pay grade

Over 6

Over 8

Over 10

Over 12

Over 14

$864.90 773.10 622.80

0-3 0-2. 0-1

Over 4

$906.00 789.30 665.10

$938.70 814.20 690.00

$989.10 856.50 714.60

$1,038.30 889.80 739.80

$1,080.30 914.40 773.10

Years of service computed under section 205

"Pay grade

Over 18

Over 20

Over 22

Over 26

Over 30

$1,080.30 914.40 773.10

0-3.. 0-2.. 0-1..

Over 16

$1,080.30 914.40 773.10

$1,080.30 914.40 773.10

$1,080.30 914.40 773.10

$1,080.30 914.40 773.10

$1, 080. 30 914.40 773.10

"WARRANT 0FFICE:^S

Years of service computed under section 205 "Pay grade

W-4 W-3 W-2... W-1

.-

2 or less

Over 2

Over 3

Over 4

Over 6

$666.30 605.70 530.40 441.90

$714.60 657.00 573.60 507.00

$714.60 657.00 573.60 507.00

$731.10 665.10 590.40 549.00

$764.40 673.20 622.80 573.60

Years of service computed under section 205

"Pay grade

Over 10

Over 12

Over 14

Over 16

$798.00 722.40 657.00 598.50

W-4 W-3 W-2 W-1

Over 8

$831.00 764.40 681.90 ^22.80

$889.80 789.30 706.50 648.30

$930.60 814.20 731.10 673.20

$963.90 838.80 756.60 698.10

Years of service computed under section 205 "Pay grade W-4 W-3 W-2 W-1

Over 18

Over 20

Over 22

Over 26

Over 30

$989.10 864.90 781.20 722.40

$1,022.10 897.90 806.10 748.20

$1,056.00 930.60 838-80 748.20

$1,137.90 963.90 838.80 748.20

$1,137.90 963.90 838.80 748.20

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357

"ENLISTED MEMBERS Years of service computed utxler section 205 "Pay grade

Over 2

Over 3

Over 4

Over 6

$443.40 382.80 336.30 323.40 311.10 299.10 268.50

E-9I E-8 E-7 E-6 E-5 E-4 E-3 E-2 E-1

2 or less

$478.50 417.90 366.00 341.40 328.20 299.10 268.50

$496.20 435.00 383.70 361.20 341.10 299.10 268.50

$513.60 453.00 400.50 389.40 354.60 299.10 268.50

$531.30 470.40 426.60 405.00 354.60 299.10 268.50

-

Years of service computed under section 205 "Pay grade E-91 E-8 E-7 E-6 E-5 E-4 E-3 E-2..... El

Over 8

Over 10

Over 12

Over 14

Over 16

$635.10 548.10 487.50 444.00 405.00 354.60 299.10 268.50

$756.90 652.80 565.50 505.20 461.70 405.00 354.60 299.10 268.50

$774.30 670.20 583.50 531.30 478.50 405.00 354.60 299.10 268.50

$792.00 687.90 609.60 548.10 487.50 405.00 354.60 299.10 268.50

$809.70 705.30 626.70 565.50 487.50 405.00 354.60 299.10 268.50

Years of service computed under section 205 "Pay grade E-9» E-8 E-7 E-6 E-5 E-4 E-3 E-2 E-1

Over 18

Over 20

Over 22

Over 26

Over 30

$827.70 722.10 644.10 574.50 487.50 405.00 354.60 299.10 268.50

$843.90 740.10 652.80 574.50 487.50 405.00 354.60 299.10 268. 50

$888.60 783.60 696.60 574.50 487.50 405.00 354.60 299.10 268.50

$975.00 870.90 783.60 574. 50 487.50 405.00 354.60 299.10 268.50

$975.00 870.90 783.60 574. 50 487.50 405.00 354.60 299.10 268. 50

"1 While serving as Sergeant Major of the Army, Master Chief Petty Officer of the Navy, Chief Master Sergeant of the Air Force, or Sergeant Major of the Marine Corps, basic pay for this grade is $1,185 regardless of cumulative years of service computed under section 205 of this title.

SEC. 202. (a) Chapter 5 of title 37, United States Code, is amended by adding after section 302 a new section as follows: "§ 302a. Special pay: optometrists " (a) I n addition to any other basic pay, special pay, incentive pay, or allowances to which he is entitled, each of the following officers is entitled to special pay at the rate of $100 a month for each month of active duty: "(1) a commissioned officer-^ " (A) of the Regular Army or the Regular Navy who is designated as an optometry officer; " (B) of the Regular A i r Force who is designated as an optometry officer; or " (C) who is an optometry officer of the Regular Corps of the Public Health Service; who was on active duty on the effective date of this section; who retired before that date and was ordered to active duty after that date and before July 1, 1973; or who was designated as such an officer after the effective date of this section and before Julv 1, 1973; "(2) a commissioned officer— " (A) of a reserve component of the Army or Navy who is designated as an optometry officer;

76 Stat. 461, ^^ "^^ ^°^'

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PUBLIC LAW 92-129-SEPT. 28, 1971

[85 STAT.

" (B) of a reserve component of the Air Force who is designated as an optometry officer; or " (C) who is an optometry officer of the Eeserve Corps of the Public Health Service; who was on active duty on the effective date of this section as a result of a call or order to active duty for a period of at least one year; or who, after that date and before July 1, 1973, is called or ordered to active duty for such a period; and "(3) a general officer of the Army or the Air Force appointed, from any of the categories named in clause (1) or (2), in the Army, the Air Force, or the National Guard, as the case may be, who was on active duty on the effective date of this section; who was retired before that date and was ordered to active duty after that date and before July 1, 1973; or who, after the effective date of this section, was appointed from any of those categories. "(b) The amount set forth in subsection (a) of this section may not be included in computing the amount of an increase in pay authorized by any other provision of this title or in computing retired pay or severance pay." (b) The table of sections at the beginning of chapter 5 of such title is amended by inserting "302a. Special pay: optometrists."

immediately below "302. Special pay: physicians and dentists."

76 Stat. 461.

70A Stat. 19.

SEC. 203. (a) Chapter 5 of title 37, United States Code, is amended by adding after section 308 a new section as follows: "§308a. Special pay: enlistment bonus " (a) Notwithstanding section 514(a) of title 10 or any other provision of law, a person who enlists in any combat element of an armed force for a period of at least three years, or who extends his initial period of active duty in a combat element of an armed force to a total of at least three years, may, under regulations to be prescribed by the Secretary of Defense, be paid a bonus in an amount prescribed by the Secretary, but not more than $3,000. The bonus may be paid in a lump sum or in equal periodic installments, as determined by the Secretary. "(b) Under regulations approved by the Secretary of Defense, a person who voluntarily, or because of his misconduct^ does not complete the term of enlistment for which a bonus was paid to him under this section shall refund that percentage of the bonus that the unexpired part of his enlistment is of the total enlistment period for which the bonus was paid. "(c) No bonus shall be paid under this section with respect to any enlistment or extension of an initial period of active duty in the armed forces made after June 30, 1973." (b) The table of sections at the beginning of chapter 5 of such title is amended by inserting "308a. Special pay: enlistment bonus."

immediately below "308. Special pay: reenlistment bonus."

Quarters allowgj,^. 204. Section 403(a) of title 37, United States Code, is amended 8"Stat. 1122. to read as follows: " (a) Except as otherwise provided by this section or by another law, a member of a uniformed service who is entitled to basic pay is entitled to a basic allowance for quarters at the following monthly rates according to the pay grade m which he is assigned or distributed for basic pay purposes:

ance

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 85 STAT. ]

PUBLIC LAW 92-129-SEPT. 28, 1971 Without dependents

"Pay grade 0-10 0-9 0-«... 0-7 0-6 0-5 0-4 0-3 0-2 0-1 W-4 W-3 W-2 W-1... E-9 E-8... E-7 E-6... E-5 E-4 (over 4 years' service). E-4 (4 years' or less service) E-3 E-2 .E-1...

359

..-

,

$230.40 230.40 230.40 230.40 211.80 198.30 178.80 158.40 138.60 108.90 172.50 155.40 137.10 123.90 130.80 122.10 104.70 95.70 92.70 81.60 45.00 45.00 45.00 45.00

With dependents $288.00 288.00 288.00 288.00 258.30 238.80 215.40 195.60 175.80 141.60 207.90 191.70 173.70 160.80 184.20 172.20 161.40 150.03 138.60 121.50 45.00 45.00 45.00 45.00

A member in pay grade E - 4 (less than four years' service), E - 3, E - 2, or E - 1 is considered at all times to be without dependents." SEC. 205. (a) Chapter 7 of title 37, United States Code, is amended by adding at the end thereof a new section as follows: "§ 428. Allowance for recruiting expenses "In addition to other pay or allowances authorized by law, and under uniform regulations prescribed by the Secretaries concerned, a member who is assigned to recruiting duties for his armed force may be reimbursed for actual and necessary expenses incurred in connection with those duties." (b) The table of sections at the beginning of chapter 7 of such title is amended by adding at the end thereof the following new item:

76 Stat. 4 6 9. 37 USC 4 0 1.

"428. Allowance for recruiting expenses."

SEC. 206. Section 3 of the Dependents Assistance Act of 1950 (50 App. U.S.C. 2203) is amended to read as follows: "SEC. 3. For the duration of this Act, section 403(a) of title 37, United States Code, is amended by striking out that part of the table which prescribes monthly basic allowances for quarters for enlisted members in pay grades E - 1, E-2, E - 3, and E - 4 (four years' or less service) and inserting in lieu thereof the following: ••E-4 (four years' or less service) E-3 E-2 E-1

,$81.60 72.30 63.90 60.00

Quarters allowance, 81 Stat. 654. Ante,

p. 358.

$121.50 105.00 105.00 105.00"

SEC. 207. Section 4 of the Dejjendents Assistance Act of 1950 (50 App. U.S.C. 2204) is amended by inserting immediately before ": Provided further''' the following: "; or (7) for the calendar months in which such member serves on active duty for training (including fulltime duty performed by members of the Army or Air National Guard for which they receive pay from the United States in accordance with section 204 of title 37, United States Code) if that training is for a period of 30 days or more". SEC. 208. Section 7 of the Dependents Assistance Act of 1950 (50 App. U.S.C. 2207) is amended by striking out "to enlisted members on active duty for training under section 262 of the Armed Forces Reserve Act of 1952, as amended (50 U.S.C. 1013), or any other enlistment program that requires an initial period of active duty for training,". SEC. 209. The foregoing provisions of this title shall become effective

76 Stat. 496.

76 Stat. 457.

76 Stat. 153.

Effective dates.

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rfsTona\°cormutees?^ ""^

PUBLIC LAW 92.129-SEPT. 28, 1971

[85 STAT.

on October 1, 1971, except that section 203 shall become effective on such date as shall be prescribed by the Secretary of Defense, but not earlier than February 1, 1971, and section 206 shall become effective July 1, 1971. SEC. 210. The enactment of this title shall not reduce the pay to which any member of the uniformed services was entitled on June 30, 1971. ^^^' ^^^- ^^^ later thau June 30, 1972, the Secretary of Defense shall report to the Chairmen of the Armed Services Committees of the Senate and of the House of Representatives on the effectiveness of the provisions of this title in increasing the number of volunteers enlisting for active duty in the Armed Forces of the United States. TITLE III—ACTIVE DUTY STRENGTH L E V E L S FOR F I S C A L Y E A R 1972

70A Stat. 28; 72 Stat. 1441. 525°"^ ^*^*' ^^^' R°e"orfto^congres^r.°'^ ° °""

SEC. 301. For the fiscal year beginning July 1, 1971, and ending June 30, 1972, each of the following armed forces is authorized an average active duty personnel strength as follows: (1) the Army, 974,309; (2) the Navy, 613,619; (3) the Marine Corps, 209,846; and (4) the Air Force, 755,635; except that such ceilings shall not include members of the Ready Reserve of any armed force ordered to active duty under the provisions of section 673 of title 10, United States Code, members of the Army National Guard, or members of the Air National Guard called into Federal service under section 3500 or 8500, as the case may be, of title 10, United States Code, or members of the militia of any State called into Federal service under chapter 15 of title 10, United States ^ode. Whenever one or more units of the Ready Reserve are ordered to active duty after the date of enactment of this section, the President shall, beginning with the second fiscal ^year quarter immediately following the quarter in which the first unit or units are ordered to active duty and on the first day of each succeeding six-month period thereafter, so long as any such unit is retained on active duty, submit a report to the Congress regarding the n e c e ^ t y for such unit or units being ordered to active duty. The President shall include in each such report a statement of the mission of each such unit ordered to active duty, an evaluation of such unit's performance of that mission, where each such unit is being deployed at the time of the report, and such other information regarding each such unit as the President deems appropriate. TITLE IV—TERMINATION OF HOSTILITIES IN INDOCHINA SEC. 401. I t is hereby declared to be the sense of Congress that the United States terminate at the earliest practicable date all military operations of the United States in Indochina, and provide for the prompt and orderly withdrawal of all United States military forces at a date certain subject to the release of all American prisoners of war held by the Government of North Vietnam and forces allied with such Government, and an accounting for all Americans missing in action who have been held by or known to such Government or such forces. The Congress hereby urges and requests the President to implement the above expressed policy by initiating immediately the following actions:

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(1) Negotiate with, the Government of North Vietnam for an immediate cease-fire by all parties to the hostilities in Indochina. (2) Negotiate with the Government of North Vietnam for the establishing of a final date for the withdrawal from Indochina of all military forces of the United States contingent upon the release at a date certain of all American prisoners of war held by the Government of North Vietnam and forces allied with such Government. (3) Negotiate with the Government of North Vietnam for an agreement which would provide for a series of phased and rapid withdrawals of United States military forces from Indochina subject to a corresponding series of phased releases of American prisoners of war, and for the release of any remaining American prisoners of war concurrently with the withdrawal of all remaining military forces of the United States by not later than the date established pursuant to paragraph (2) hereof.

TITLE V—IDENTIFICATION AND TREATMENT OF DRUG AND ALCOHOL DEPENDENT PERSONS IN THE ARMED FORCES SEC. 501. (a) The Secretary of Defense shall prescribe and implement procedures, utilizing all practical available methods, and provide necessary facilities to (1) identify, treat, and rehabilitate members of the Armed Forces who are drug or alcohol dependent persons, and (2) identify those individuals examined at Armed Forces examining and entrance stations who are drug or alcohol dependent persons. Those individuals found to be drug or alcohol dependent persons under clause (2) of the preceding sentence shall be refused entrance into the Armed Forces and referred to civilian treatment facilities. (b) The Secretary of Defense shall report to Congress within 60 days after the date of the enactment of this Act with respect to (1) the plans and programs which have been initiated to carry out the purposes of subsection (a) of this section, and (2) such recommendations for additional legislative action as he deems necessary to combat effectively drug and alcohol dependence in the Armed Forces and to treat and rehabilitate effectively any member found to be a drug or alcohol dependent person.

Report to Congress,

TITLE VI—APPOINTMENT OF CERTAIN REGULAR, TEMPORARY, A N D R E S E R V E OFFICERS TO B E M A D E S U B J E C T TO THE A D VI C E A N D CONSENT O F THE SENATE SEC. 601. Section 593(a) of title 10, United States Code, is amended to read as follows: " (a) Appointments of Reserves in commissioned grades below lieutenant colonel and commander, except commissioned warrant officer, shall be made by the President alone. Appointments of Reserves in commissioned grades above major and lieutenant commander shall be made by the President, by and with the advice and consent of the Senate, except as provided in section 3352 or 8352 of this title." SEC. 602. Section 3447(b) of title 10, United States Code, is amended to read as follows: " (b) Temporary appointments of commissioned officers in the Regular Army shall be made by the President alone in grades below lieutenant colonel and by the President, by and with the advice and

R e s e r v e officers. 70A Stat. 25.

Army. 70A Stat. 196.

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 362

Navy; Marine Corps. 70A Stat, 330.

72 Stat. 1507.

Air For c e. 70A Stat. 5 2 3.

Coast Guard. 77 Stat. 182.

PUBLIC LAW 92-129-SEPT. 28, 1971

[85 STAT

consent of the Senate, in grades of lieutenant colonel and above. Temporary appointments of commissioned officers in the reserve components of the Army shall be made by the President alone in grades below lieutenant colonel and by the President, by and with the advice and consent of the Senate, in grades above major." SEC. 603. (a) The second sentence of section 5597(e) of title 10, United States Code, is amended to read as follows: "Such appointments shall be made by the President alone, except that appointments under subsections (f) and (g) in grades above lieutenant commander in the Navy shall be made by the President, by and with the advice and consent of the Senate." (b) The second sentence of section 5787(e) of such title is amended to read as follows: "Each such appointment to a grade above lieutenant commander in the Navy or to a grade above major in the Marine Corps shall be made by the President, by and with the advice and consent of the Senate." (c) The first sentence of section 5791(b) of such title is amended to read as follows: "Permanent and temporary appointments under this chapter in a grade above lieutenant commander in the Naval Reserve and in a grade above major in the Marine Corps Reserve shall be made by the President, by and with the advice and consent of the Senate." (d) The first sentence of section 5912 of such title is amended to read as follows: "Permanent and temporary appointments under this chapter in grades above lieutenant commander in the Naval Reserve and in grades above major in the Marine Corps Reserve shall be made by the President, by and with the advice and consent of the Senate." SEC. G04. Section 8447(b) of title 10, United States Code, is amended to read as follows: " (b) Temporary appointments of commissioned officers in the Regular Air Force shall be made by the President alone in grades below lieutenant colonel and by the President, by and with the advice and consent of the Senate, in grades of lieutenant colonel and above. Temporary appointments of commissioned officers in the reserve components of the Air Force shall be made by the President alone in grades below lieutenant colonel and by the President, by and with the advice and consent of the Senate, in grades above major." SEC. 605. Section 275(f) of title 14, United States Code, is amended by inserting the following sentence after the second sentence: "An appointment under this section to a grade above lieutenant commander of an officer in the Coast Guard Reserve shall be made by the President, by and with the advice and consent of the Senate." TITLE VII—MISCELLANEOUS PROVISIONS

Report to Congress, extension. 84 Stat. 9 1 3. 10 USC 133 note.

SEC. 701. Section 412(d)(2) of Public Law 86-149, as amended, is amended by (1) striking out "the President" and substituting in lieu thereof "the Secretary of Defense", (2*) striking out "January 31" and substituting in lieu thereof "March 1", and (3) adding at the end thereof the following: "Such justification and explanation shall specify in detail for all forces, including each land force division, carrier and other major combatant vessel, air wing, and other comparable u n i t: (A) the unit mission and capability, (B) the strategy which the unit supports, and (C) the area oi deployment and illustrative areas of potential deployment, including a description of any United States commitment to defend such areas. Such justification and explanation shall also include a detailed discussion of the manpower required for support and overhead functions within the Armed Services." Approved September 28, 1971,

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JJ63

PUBLIC LAW 92-131-SEPT. 30, 1971

Public Law 92-130 JOINT RESOLUTION To authorize the I'resident of the United States to issue a proclamation to announce the occasion of the celebration of the one hundred and twenty-fifth anniversary of the establisliment of the Smithsonian Institution and to designate and to set aside September 26, 1971, as a special day to honor the scientific and cultural achievements of the Institution.

September 2 9, 197 1 [H. J. R e s. 782]

Resolved by the Senate and House of Representatives of the United States of Amet'ica in Congress assembled, That the President of the ins^utution"^^" United States is hereby authorized and requested to issue a proclama125th annivertion to announce the occasion of the celebration of the one hundred and ^ary. twenty-fifth anniversary of the establishment of the Smithsonian authorifau^onr Institution and to designate and to set aside September 26, 1971, as a special day to honor the scientific and cultural achievements of the Institution. Approved September 29, 1971.

Public Law 92-131 AN ACT To amend the Communications Act of 1934, as amended, to establish a FederalState Joint Board to recommend uniform procedures for determining what part of the property and expenses of communication common carriers shall be considered as used in interstate or foreign communication toll service, and what part of such property and expenses shall be considered as used in intrastate and exchange service; and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. This Act may be cited as the "Federal-State Communications Joint Board Act". SEC. 2. The Communications Act of 1934, as amended, is further amended by adding a new subsection (c) at the end of section 4i0 (47 U.S.C. 410) to read as follows: "(c) The Commission shall refer any proceeding regarding the jurisdictional separation of common carrier property and expenses between interstate and intrastate operations, which it institutes pursuant to a notice of proposed rulemaking and, except as provided in section 409 of this Act, may refer any other matter, relating to common carrier communications of joint Federal-State concern, to a Federal-State Joint Board. The Joint Board shall possess the same jurisdiction, powers, duties, and obligations as a joint board established under subsection (a) of this section, and shall prepare a recommended decision for prompt review and action by the Commission. I n addition, the State members of the Joint Board shall sit with the Commission en banc at any oral argument that may be scheduled in the proceeding. The Commission shall also afford the State members of the Joint Board an opportunity to participate in its deliberations, but not vote, when it has under consideration the recommended decision of the Joint Board or any further decisional action that may be required in the proceeding. The Joint Board shall be composed of three Commissioners of the Commission and of four State commissioners nominated by the national organization of the State commissions, as referred to in sections 202(b) and 205(f) of the Interstate Commerce Act, and approved by the Commission. The Chairman of the Commission, or another Commissioner designated by the Commission, shall serve as Chairman of the Joint Board." Approved September 30, 1971.

September 30, 1971 [H. R. 7048]

Federal-State Communications Joint Board Act,. 48 Stat. 1064. 47 USC 609 and note.

75 Stat. 422. 47 USC 4 0 9.

49 USC 302, 305.

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PUBLIC LAW 92-132-OCT. 5, 1971

[85 STAT.

Public Law 92-132 October 5, 1971

AN ACT

[s. 1253]

To amend section 6 of title 35, United States Code, "Patents", to authorize domestic and international studies and programs relating to patents and trademarks.

Be it enacted by the Senate and House of Representatives of the ma^ks^*^*^' ^^^^^' United States of America in Congress assembled, That section 6 of International title 35, United States Code, is amended to read as follows: partYclipation.' "§ 6. Dutlcs of Commissioner 66 Stat. 793. a^^-^ rjij^g Commissioner, under the direction of the Secretary of Commerce, shall superintend or perform all duties required b ^ law respecting the granting and issuing of patents and the registration of trademarks; shall have the authority to carry on studies and programs regarding domestic and international patent and trademark law; and shall have charge of property belonging to the Patent Office. He may, subject to the approval of the Secretary of Commerce, establish regulations, not inconsistent with law, for the conduct of proceedings in the Patent Office. "(b) The Commissioner, under the direction of the Secretary of Commerce, may, in coordination with the Department of State, carry on programs and studies cooperatively with foreign patent offices and international intergovernmental organizations, or may authorize such programs and studies to be carried on, in connection with the performance of duties stated in subsection (a) of this section. J^^"^^^"" °^ "(c) The Commissioner, under the direction of the Secretary of fund Commerce, may, with the concurrence of the Secretary of State, transfer funds appropriated to the Patent Office, not to exceed $100,000 in any year, to the Department of State for the purpose of making special payments to international intergovernmental organizations for studies and programs for advancing international cooperation concerning patents, trademarks, and related matters. These special payments may be in addition to any other payments or contributions to the international organization and shall not be subject to any limitations imposed by law on the amounts of such other payments or contributions by the Government of the United States." Approved October 5, 1971.

Public Law 92-133 „, ^ •:,071 October 5, 1971

[H. R. 10538] ^ Real estate loans

Extension. 7 USC 1928.

AN ACT

To extend the authority for insuring loans under the Consolidated Farmers Be it enacted by Home Administration Act of 1961. the Seriate and House of Representatives of the

United States of America in Congress assembled, That section 308 of the ConsoUdated Farmers Home Administration Act of 1961 is amended by striking out "until October 1, 1971, loans" and inserting in lieu thereof "Loans". Approved October 5, 1971.

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PUBLIC LAW 92-134-OCT. 5, 1971

365

Public Law 92-134 AN ACT IMaking appropriations for public worlfs for w a t e r and power development, including the Corps of Engineers—Civil, the Bureau of Reclamation, the Bonneville Power Administration and other power agencies of the Department of the Interior, the Appalachian Regional Commission, the Federal Power Commission, the Tennessee Valley Authority, the Atomic Energy Commission, and related independent agencies and commissions for the fiscal year ending June 30, 1972, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 80^ 1972, for public works for water and power development, including the Corps of Engineers—Civil, the Bureau of Reclamation, the Bonneville Power Administration and other power agencies of the Department of the Interior, the Appalachian Regional Commission, the Federal Power Commission, the Tennessee Valley Authority, the Atomic Energy Commission, and related independent agencies and commissions, and for other purposes, namely;

October 5, 1971 [H, R. IOO90]

f^f ^a^e^rInd'^ Power Deveiop^«"t s"'^ Atomic si""Appro^™ation Act, 1972.

TITLE I—ATOMIC E N E R G Y COMMISSION OPERATING EXPENSES

For necessary operating expenses of the Commission in carrying 919. out the purposes of the Atomic Energy Act of 1954, as amended, 68 Stat. 2011 42 USC including the employment of aliens: services authorized by 5 U.S.C. note 3109; hire, maintenance, and operation of aircraft; publication and ^° ^'^'' ^'^^' dissemination of atomic information; purchase, repair and cleaning of uniforms; official entertainment expenses (not to exceed $30,000); reimbursement of the General Services Administration for security guard services; hire of passenger motor vehicles; $1,950,130,000 and any moneys (except sums received from disposal of property under the Atomic Energy Community Act of 1955, as amended (42 U.S.C. 2301)) received by the Commission, notwithstanding the provisions ^9 Stat. 471. of section 3617 of the Revised Statutes (31 U.S.C. 484), to remain available until expended: Provided, That of such amount $100,000 may be expended for objects of a confidential nature and in any such case the certificate of the Commission as to the amount of the expenditure and that it is deemed inadvisable to specify the nature thereof shall be deemed a sufficient voucher for the sum therein expressed to have been expended: Provided further, That from this appropriation transfers of sums may be made to other agencies of the Government for the performance of the work for which this appropriation is made, and in such cases the sums so transferred may be merged with the appropriation to which transferred: Provided further, That no part of this appropriation shall be used in connection with the payment of a fixed fee to any contractor or firm of contractors engaged under a cost-plus-a-fixed-fee contract or contracts at any installation of the Commission, where that fee for community management is at a rate in excess of $90,000 per annum, or for the operation of a transportation system where that fee is at a rate in excess of $45,000 per annum. PLANT AND CAPITAL EQUIPMENT

For expenses of the Commission, as authorized by law, in connection with the purchase and construction of plant and the acquisition of capital equipment and other expenses incidental thereto necessary in carrying out the purposes of the Atomic Energy Act of 1954, as

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 366 68 Stat. 9 1 9. 42 USC 2011 note.

PUBLIC LAW 92-134-OCT. 5, 1971

Fellowships, restriction.

Penalty.

Underground nuclear t e s t, restriction.

STAT.

amended, including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion; purchase of not to exceed four hundred and eighty-three for replacement only (including twelve for police-type use), and hire of passenger motor vehicles; and hire of aircraft; $344,250,000, to remain available until expended. GENERAL

Transfer of funds; report to congressional committees.

[85

PROVISIONS

SEC. 101. Not to exceed 5 per centum of appropriations made available for the current fiscal year for "Operating expenses" and "Plant and capital equipment" may be transferred between such appropriations, but neither such appropriation, except as otherwise provided herein, shall be increased by more than 5 per centum by any such transfers, and any such transfers shall be reported promptly to the Appropriations Committees of the House and Senate. SEC. 102. No part of any appropriation herein shall be used to confer a fellowship on any person who advocates or who is a member of an organization or party that advocates the overthrow of the Government of the United States by force or violence or with respect to whom the Commission finds, upon investigation and report by the Civil Service Commission on the character, associations, and loyalty of whom, that reasonable grounds exist for belief that such person is disloyal to the Government of the United States: Provided, That any person who advocates or who is a member of an organization or party that advocates the overthrow of the Government of the United States by force or violence and accepts employment or a fellowship the salary, wages, stipend, grant, or expenses for which are paid from any appropriation contained herein shall be guilty of a felony, and, upon conviction, shall be fined not more than $1,000 or imprisoned for not more than one year, or both: Provided further. That the above penal clause shall be in addition to, and not in substitution for, any other provisions of existing law. SEC. 103. None of the funds appropriated by this Act shall be obligated or expended to detonate any underground nuclear test scheduled to be conducted on Amchitka Island, Alaska, unless the President gives his direct approval for such test. TITLE II— DEPARTMENT OF DEFENSE—CIVIL DEPARTMENT OF THE A R M Y CORPS OF ENGINEERS—CIVIL

The following appropriations shall be expended under the direction of the Secretary of the Army and the supervision of the Chief of Engineers for authorized civil inunctions of the Department of the Army pertaining to rivers and harbors, flood control, beach erosion, and related purposes: GENERAL

INVESTIGATIONS

For expenses necessary for the collection and study of basic information pertaining to river and harbor, flood control, shore protection, and related projects, and when authorized by law, surveys and studies of projects prior to authorization for construction, $50,714,000, to remain available until expended: Provided, That $650,000 of this appropriation shall be transferred to the Bureau of Sport Fisheries and Wildlife for studies, investigations, and reports thereon as

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PUBLIC LAW 92-134-OCT. 5, 1971

required by the Fish and Wildlife Coordination Act of 1958 (72 Stat. 563-565) to provide that wildlife conservation shall receive equal consideration and be coordinated with other features of water-resource development programs of the Department of the Army.

367 16 USC 661

CONSTRUCTION, GENERAL

For the prosecution of river and harbor, flood control, shore protection, and related projects authorized by law; and detailed studies, and plans and specifications, of projects (mcluding those for development with participation or under consideration for participation by States, local governments, or private groups) authorized or made eligible for selection by law (but such studies shall not constitute a commitment of the Government to construction): $927,926,000, to remain available until expended: Provided, That no part of this appropriation shall be used for projects not authorized by law or which are authorized by law limiting the amount to be appropriated therefor, except as may be within the limits of the amount now or hereafter authorized to be appropriated: Provided further, That in connection with the rehabilitation of the Snake Creek Embankment of the Garrison Dam and Reservoir Project, North Dakota, the Corps of Engineers is authorized to participate with the State of North Dakota to the extent of one-half the cost of widening the present embankment to provide a four-lane right-of-way for U.S. Highway 83 in lieu of the present two-lane highway: Provided further, That $625,000 of this appropriation shall be transferred to the Bureau of Sport Fisheries and Wildlife for studies, investigations, and reports thereon as required by the Fish and Wildlife Coordination Act of 1958 (72 Stat. 563-565) to provide that wildlife conservation shall receive equal consideration and be coordinated with other features of water-resource development programs of the Department of the Army. FLOOD CONTROL, MISSISSIPPI RIVER, AND TRIBUTARIES

For expenses necessary for prosecuting work of flood control, and rescue work, repair, restoration, or maintenance of flood control projects threatened or destroyed by flood, as authorized by law (33 U.S.C. 702a, 702g-l), $86,000,000, to remain available until expended: Pro- 49^statr\'5n!' vided^ That not less than $250,000 shall be available for bank stabilization measures as determined by the Chief of Engineers to be advisable for the control of bank erosion of streams in the Yazoo Basin, including the foothill area, and where necessary such measures shall complement similar works planned and constructed by the Soil Conservation Service and be limited to the areas of responsibility mutually agreeable to the District IGngineer and the State Conservationist. OPERATION AND MAINTENANCE, GENERAL

For expenses necessary for the preservation, operation, maintenance, and care of existing river and harbor, flood control, and related works, including such sums as may be necessary for the maintenance of harbor channels provided by a State, municipality or other public agency, outside of harbor lines, and serving essential needs of general commerce and navigation; administration of laws pertaining to preservation of navigable waters; surveys and charting of northern and northwestern lakes and connecting waters; clearing and straightening channels; and removal of obstructions to navigation; $384,000,000, to remain available until expended.

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 368

PUBLIC LAW 92-134-OCT. 5, 1971

[85 STAT.

FLOOD CONTROL A N D COASTAL E M E R G E N C I E S

76Itatrn94!' 33 USC 70In,

For expenses necessary for emergency flood control, hurricane, and shore protection activities, as authorized by section 5 of the Flood Control Act, approved August 18, 1941, as amended, $5,000,000, to remain available until expended. GENERAL E X P E N S E S

For expenses necessary for general administration and related functions in the Office of the Chief of Engineers and offices of the Division Engineers; activities of the Board of Engineers for Elvers and Harbors and the Coastal Engineering Research Center; commercial statistics; and miscellaneous investigations; $29,000,000. ADMINISTRATIVE PROVISIONS

so Stat. 436. gj8oStat.^5j)8;

Appropriations in this title shall be available for expenses of attendance by military personnel at meetings in the manner authorized by 5 U.S.C. 4110, uniforms, or allowances therefor, as authorjged by law (5 U.S.C. 5901-5902), and for printing, either during a recess or session of Congress, of survey reports authorized by law, and such survey reports as may be printed during a recess of Congress shall be printed, with illustrations, as documents of the next succeeding session of Congress; and during the current fiscal year the revolving fund. Corps of Engineers, shall be available for purchase (not to exceed one hundred and ninety-eight, of which one hundred and eighty-eight shall be for replacement only), and hire of passenger motor vehicles: Provided, That the total capital of said fund shall not exceed $181,000,000. CEMETERIAL EXPENSES SALARIES AND EXPENSES

For necessary cemeterial expenses as authorized by law, including maintenance, operation, and improvement of national cemeteries, and purchase of headstones and markers for unmarked graves; purchase of five passenger motor vehicles of which two shall be for replacement onlj^; maintenance of that portion of Congressional Cemetery to which the United States has title, Confederate burial places under the jurisdiction of the Department of the Army, and graves used by the Army in commercial cemeteries, to remain available until expended, $22,588,000: Provided, That reimbursement shall be made to the applicable military appropriation for the pay and allowances of any military personnel performing services primarily for the purposes of this appropriation. TITLE III—DEPARTMENT OF THE

INTERIOR

BUREAU OF RECLAMATION

note ^^^ ^^^ ^"'^

For carrying out the functions of the Bureau of Reclamation as provided in the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto) and other Acts applicable to that Bureau, as follows: GENERAL INVESTIGATIONS

For engineering and economic investigations of proposed Federal reclamation projects and studies of water conservation and development plans and activities preliminary to the reconstruction, rehabili-

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PUBLIC LAW 92-134-OCT. 5, 1971

369

tation and betterment, financial adjustment, or extension of existing projects, to remain available until expended, $22,400,000, of which >!^19,435,00 shall be derived from the reclamation fund: Provided, That none of this appropriation shall be used for more tlian one-half of the cost of an investigation requested by a State, municipality, or other interest: Prodded further, That $419,000 of this appropriation shall be transferred to the Bureau of Sport Fisheries and Wildlife for studies, investigations, and reports thereon as required by the Fish and Wildlife Coordination Act of 1958 (72 Stat. 563-565) to provide J^l^^^ that wildlife conservation shall receive equal consideration and be note. coordinated with other features of water-resource development programs of the Bureau of Keclamation.

^^^

CONSTRUCTION A N D K E H A B I L I T A T I O N

For construction and rehabilitation of authorized reclamation projects or parts thereof (including power transmission facilities) and for other related activities, as authorized by law, to remain available until expended, $208,845,000, of which $115,000,000 shall be derived from the reclamation fund: Provided, That no part of this appropriation shall be used to initiate the construction of transmission facilities within those areas covered by power wheeling service contracts which include provision for service to Federal establishments and preferred customers, except those transmission facilities for which construction funds have been heretofore appropriated, those facilities which are necessary to carry out the terms of such contracts or those facilities for which the Secretary of the Interior finds the wheeling agency is unable or unwilling to provide for the integration of Federal projects or for service to a Federal establishment or preferred customer: Provided further, That the final point of discharge for the interceptor drain for the San Luis Unit shall not be determined until development by the Secretary of the Interior and the State of California of a plan, which shall conform with the water quality standards of the State of California as approved by the Administrator of the Environmental Protection Agency, to minimize any detrimental effect of the San Luis drainage waters: Provided further, That of the amount herein appropriated not to exceed $290,000 shall be available to cover the costs of emergency repairs to the Solano Irrigation District Distribution System made prior to initial appropriation of funds for the rehabilitation and betterment of the distribution system, and shall be repaid by the district under the existing repayment contract. U P P E R COLORADO RIVER STORAGE

PROJECT

For the Upper Colorado River Storage Project, as authorized by the Act of April 11, 1956, as amended (48 U.S.C. 620d), to remain available until expended, $21,089,000, of which $20,484,000 shall be available for the "Upper Colorado River Basin Fund", authorized by section 5 of said Act of April 11, 1956, and $605,000 shall be available for construction of recreational and fish and wildlife facilities authorized by section 8 thereof, and may be expended by bureaus of the Department through or in cooperation with State or other Federal agencies, and advances to such Federal agencies are hereby authorized: Provided, That no part of the funds herein approved shall be available for construction or operation of facilities to prevent waters of Lake Powell from entering any national monument. COLORADO RIVER BASIN

70 Stat, 107.

^^ use 620g,

PROJECT

For advances to the Lower Colorado River Basin Development Fund, as authorized by section 403 of the Act of September 30, 1968 (82 Stat. 894), for the construction, operation, and maintenance of

^3 USC 1543.

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Page:United States Statutes at Large Volume 85.djvu/400

 370 82 Stat. 887. 43 USC 1521.

PUBLIC LAW 92-134-OCT. 5, 1971

[85 STAT.

projects aiithorized by Title III of said Act, to remain available until expended, $33,275,000, of which $31,500,000 is for liquidation of contract authority provided by section 303(b) of said Act. OPERATION A N D M A I N T E N A N C E

For operation and maintenance of reclamation projects or parts thereof and other facilities, as authorized by law; and for a soil and moisture conservation program on lands under the jurisdiction of the Bureau of Reclamation, pursuant to law, $71,500,000, of which $53,410,000 shall be derived from the reclamation fund and $2,808,000 shall be derived from the Colorado River Dam fund: Provided, That funds advanced by water users for operation and maintenance of reclamation projects or parts thereof shall be deposited to the credit of this appropriation and may be expended for the same objects and in the same manner as sums appropriated herein may be expended, and the unexpended balances of such advances shall be credited to the appropriation for the next succeeding fiscal year. LOAN PROGRAM

For loans to irrigation districts and other public agencies for construction of distribution systems on authorized Federal reclamation projects, and for loans and grants to non-Federal agencies for construction of projects, as authorized by the Acts of July 4, 1955, as 69 Stat. 244. 70 Stat, 1044.

amended (43 U.S.C. 4 2 1 a - 4 2 1 d), and August 6, 1956 (43 U.S.C. 4 2 2 a 4 2 2 k), a s amended, i n c l u d i n g expenses necessary for c a r r y i n g o u t the

43 USC 388.

program, $10,795,000, to remain available until expended: Provided, That any contract under the Act of July 4, 1955 (69 Stat. 244), as amended, not yet executed by the Secretary, which calls for the making of loans beyond the fiscal year in which the contract is entered into shall be made only on the same conditions as those prescribed in section 12 of the Act of August 4, 1939 (53 Stat. 1187, 1197). EMERGENCY

62 Stat. 1052.

FUND

For an additional amount for the "Emergency fund", as authorized ^y the Act of June 26, 1948 (43 U.S.C. 502), to remain available until expended for the purposes specified in said Act, $1,000,000, to be derived from the reclamation fund. GENERAL ADMINISTRATIVE

59 Stat. 54.

For necessary expenses of general administration and related functions in the offices of the Commissioner of Reclamation and in the regional offices of the Bureau of Reclamation, $15,525,000, to be derived from the reclamation fund and to be nonreimbursable pursuant to the Act of April 19, 1945 (43 U.S.C. 377): Provided, That no part of any other appropriation in this Act shall be available for activities or functions budgeted for the current fiscal year as general administrative expenses. SPECIAL

3 2 Stat. 388. 45 Stat. 1057.

EXPENSES

FUNDS

Sums herein referred to as being derived from the reclamation fund, the Colorado River Dam Fund, or the Colorado River development fund, are appropriated from the special funds in the Treasury created by the Act of June 17, 1902 (43 U.S.C. 391), the Act of Decem^cr 21, 1928 (43 U.S.C. 617a), and the Act of July 19, 1940 (43 U.S.C.

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PUBLIC LAW 92-134-OCT. 5, 1971

618a), respectively. Such sums shall be transferred, upon request of the Secretary, to be merged with and expended under the heads herein specified; and the unexpended balances of sums transferred for expenditure under the heads "Operation and Maintenance" and "General Administrative Expenses" shall revert and be credited to the special fund from which derived. ADMINISTRATIVE

^4 Stat. 774.

PROVISIONS

Appropriations to the Bureau of Keclamation shall be available for purchase of not to exceed thirty-three passenger motor vehicles for replacement only; payment of claims for damage to or loss of property, personal injury, or death arising out of activities of the Bureau of Reclamation; payment, except as otherwise provided for, of compensation and expenses of persons on the rolls of the Bureau of Reclamation appointed as authorized by law to represent the United States in the negotiations and administration of interstate compacts without reimbursement or return under the reclamation laws; rewards for information or evidence concerning violations of law involving property under the jurisdiction of the Bureau of Reclamation; performance of the functions specified under the head "Operation and Maintenance Administration", Bureau of Reclamation, in the Interior Department Appropriation Act, 1945; preparation and dissemination of useful information including recordings, photographs, and photographic prints; and studies of recreational uses of reservoir areas, and investigation and recovery of archeological and paleontological remains in such areas in the same manner as provided for in the Act of August 21, 1935 (16 U.S.C. 461-467): Provided, That no part of any appropriation made herein shall be available pursuant to the Act of April 19, 1945 (43 U.S.C. 377), for expenses other than those incurred on behalf of specific reclamation projects except "General Administrative Expenses" and amounts provided for reconnaissance, basin surveys, and general engineering and research under the head "General Investigations". Sums appropriated herein which are expended in the performance of reimbursable functions of the Bureau of Reclamation shall be returnable to the extent and in the manner provided by law, Xo part of any appropriation for the Bureau of Reclamation, contained in this Act or in any prior Act, which represents amounts earned under the terms of a contract but remaining unpaid, shall be obligated for any other purpose, regardless of when such amounts are to be paid: Provided, That the incurring of any obligation prohibited by this paragraph shall be deemed a violation of section 3679 of the Revised Statutes, as amended (31 U.S.C. 665). No funds appropriated to the Bureau of Reclamation for operation and maintenance, except those derived from advances by water users, shall be used for the particular benefits of lands (a) within the boundaries of an irrigation district, (b) of any member of a water users' organization, or (c) of any individual when such district, organization, or individual is in arrears for more than twelve months in the payment of charges due under a contract entered into with the United States pursuant to laws administered by the Bureau of Reclamation. Not to exceed $225,000 may be expended from the appropriation "Construction and rehabilitation" for work by force account on any one project or Missouri River Basin unit and then only when such work is unsuitable for contract or no acceptable bid has been received and, other than otherwise provided in this paragraph or as may be

75-432 O - 72 - 26

371

32 stau 388.

43 USC 371 and note.

58 Stat. 487.

^9 Stat. 666, 59 Stat. 54.

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 372

PUBLIC LAW92-134-OCT. 5, 1971

[85 STAT.

necessary to meet local emergencies, not to exceed 12 per centum of the construction allotment for any project from the appropriation "Construction and rehabilitation" contained in this Act, shall be available for construction work by force account: Provided, That this paragraph shall not apply to work performed under the Rehabilitation 43 USC 504 and ^nd Betterment Act of 1949 (63 Stat. 724). note.

^

ALASKA POWER ADMINISTRATION GENERAL INVESTIGATIONS

16 USC 661 note.

For engineering and economic investigations to promote the development and utilization of the water, power and related resources of Alaska, $500,000, to remain available until expended: Provided, That $42,000 of this appropriation shall be transferred to the Bureau of Sport Fisheries and Wildlife for studies, investigations, and reports thereon, as required by the Fish and Wildlife Coordination Act of 1958 (72 Stat. 563-565). ^

'

OPERATION AND MAINTENANCE

For necessary expenses of operation and maintenance of projects in Alaska and of marketing electric power and energy, $457,000. BoNNEviiJLE

POWER ADMINISTRATION

CONSTRUCTION

For construction and acquisition of transmission lines, substations, and appurtenant facilities, as authorized by law, $91,000,000, to remain available until expended. OPERATION AND MAINTENANCE

For necessary expenses of operation and maintenance of the Bonneville transmission system and of marketing electric power and energy, $27,825,000. ADMINISTRATIVE PROVISIONS

Appropriations of the Bonneville Power Administration shall be available to carry out all the duties imposed upon the Administrator pursuant to law. Appropriations made herein to the Bonneville Power Administration shall be available in one fund, except that the appropriation herein made for operation and maintenance shall be available only for the service of the current fiscal year. Other than as may be necessary to meet local emergencies, not to exceed 12 per centum of the appropriation for construction herein made for the Bonneville Power Administration shall be available for construction work by force account or on a hired-labor basis. SOUTHEASTERN POWER ADMINISTRATION OPERATION AND MAINTENANCE

For necessary expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy pursuant to the provisions of section 5 of the Flood Control Act of

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PUBLIC LAW 92-134-OCT. 5, 1971

1944 (16 U.S.C. 825s), as applied to the southeastern power area, $870,000.

373 58 Stat, 890.

SOUTHWESTERN POWER ADMINISTRATION CONSTRUCTION

For construction and acquisition of transmission lines, substations, and appurtenant facilities, and for administrative expenses connected therewith, in carrying out the provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the southwestern power area, $1,050,000, to remain available until expended. OPERATION AND MAINTENANCE

For necessary expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy pursuant to the provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the southwestern power area, including purchase of not to exceed three passenger motor vehicles for replacement only $5,000,000. OFFICE OF THE SECRETARY UNDERGROUND ELECTRIC POWER TRANSMISSION RESEARCH

For necessary expenses of research and development in underground electric power transmission, $875,000, to remain available until expended. GENERAL PROVISIONS—DEPARTMENT OF THE INTERIOR

SEC. 301. Appropriations in this title shall be available for expenditure or transfer (within each bureau or office), with the approval of the Secretary, for the emergency reconstruction, replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or other unavoidable causes: Provided, That no funds shall be made available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have been exhausted. SEC. 302. The Secretary may authorize the expenditure or transfer (within each bureau or office) of any appropriation in this title, in addition to the amounts included in the budget programs of the several agencies, for the suppression or emergency prevention of forest or range fires on or threatening lands under jurisdiction of the Department of the Interior. SEC. 303. Appropriations in this title shall be available for operation of warehouses, garages, shops, and similar facilities, wherever consolidation of activities will contribute to efficiency, or economy, and said appropriations shall be reimbursed for services rendered to any other activity in the same manner as authorized by the Act of June 30, 1932 (31 U.S.C. 686): Provided, That reimbursements for costs of supplies, materials, and equipment, and for services rendered may be credited to the appropriation current at the time such reimbursements are received. SEC. 304. No part of any funds made available by this Act to the Southwestern Power Administration may be made available to any other agency, bureau, or office for any purposes other than for services rendered pursuant to law to the Southwestern Power Administration.

^on^t^r^iciro'^n '^^"

^^""^ prevention.

J^^^'"^^°"^,''^'

garages, etc.

47 Stat. 417.

Southwestern ^^^^^ ^ Power AdminisTration."

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 374

PUBLIC LAW 92-134-OCT. 5, 1971

[85 STAT.

TITLE IV—INDEPENDENT OFFICES APPALACHIAN REGIONAL COMMISSION SALARIES AND EXPENSES

80 Stat. 416.

For necessary expenses of the Federal Cochairman and his alter]iate on the Appalachian Regional Commission and for payment of the Federal share of the administrative expenses of the commission, including services as authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, $1,113,000. APPALACHIAN REGIONAL DEVELOPMENT PROGRAMS FUNDS A P P R O P R I A T E D TO THE PRESIDENT

79 Stat. 5. 40 USC app. 1.

For expenses necessary to carry out the programs authorized by the Appalachian Regional Development Act of 1965, as amended, except expenses authorized by section 105 of said Act, including services as authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, to remain available until expended, $297,000,000, of which $175,000,000 shall be available for the Appalachian Development HighAvay System, but no part of any appropriation in this Act shall be available for expenses in connection with commitments for contracts or grants for the Appalachian Development Highway System in excess of the total amount herein and heretofore appropriated. DEIXAWARE RIVER BASIN COMMISSION SALARIES AND EXPENSES

For expenses necessary to carry out the functions of the United States member of the Delaware River Basin Commission, as authorized by law (75 Stat. 716), $64,000. CONTRIBUTION TO DELAWARE RIVER BASIN COMMISSION

For payment of the United States share of the current expenses of the Delaware River Basin Commission, as authorized by law (75 Stat. 706,707), $179,000. FEDERAL POWER COMMISSION SALARIES A N D EXPENSES

For expenses necessary for the work of the Commission, as authorized by law, including hire of passenger motor vehicles, services as authorized by 5 U.S.C. 3109, and not 'to exceed $500 for official reception and representation expenses, $22,200,000. INTERSTATE COMMISSION ON THE POTOMAC RIVER BASIN CONTRIBUTION TO INTERSTATE COMMISSION ON THE POTOMAC RIVER BASIN

To enable the Secretary of the Treasury to pay in advance to the Interstate Commission on the Potomac River Basin the Federal contribution toward the expenses of the Commission during the current fiscal year in the administration of its business in the conservancy

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375

district established pursuant to the Act of July 11, 1940 (54 Stat. 748), as amended by the Act of September 25, 1970 (Public Law 91-407),

^3 USC 567b. «! Stat. sse.

$20,000.

33 USC 567b.l.

F

,

V

NATIONAL WATER COMMISSION SALARIES AND EXPENSES

For expenses necessary to carry out the Act of September 26, 1968 Stat. 868. (Public Law 90-515), including compensation of the Executive Direc- 82 USC 1962a 42 tor at level IV of the Executive Schedule, $1,200,000, to remain avail- no^e able until expended. s use 5315 note. TENNESSEE VALLEY AUTHORITY PAYMENT TO TENNESSEE VALLEY AUTHORITY FUND

For the purpose of carrying out the provisions of the Tennessee Valley Authority Act of 1933, as amended (16 U.S.C. ch. 12A), including hire, maintenance, and operation of aircraft, and hire of passenger motor vehicles, $67,150,000, to remain available until expended: Provided, That this appropriation and other funds available to the Tennessee Valley Authority shall be available for the purchase of not to exceed five aircraft, of which three shall be for replacement only, and the purchase of not to exceed two hundred and twenty-eight passenger motor vehicles, of which two hundred and eighteen shall be for replacement only.

}« stau ss.^

WATER RESOURCES COUNCIL WATER R E S O U R C E S PLANNING

For expenses necessary in carrying out the provisions of the Water Resources Planning Act of 1965 (42 U.S.C. 1962-1962d-5), including services as authorized by 5 U.S.C. 3109, but at rates not to exceed $100 per diem for individuals, and hire of passenger motor vehicles, $5,960,000, to remain available until expended, including $1,381,000 for carrying out the provisions of title I and administering the provisions of titles II, III, and IV of the Act, $979,000 for expenses of river basin commissions under title II of the Act, and $3,600,000 for grants to States under title III of the Act: Provided, That the share of the expenses of any river basin commission borne by the Federal Government pursuant to title II of the Act shall not exceed $250,000 annually for recurring operating expenses, including the salary and expenses of the chairman. SUSQUEHANNA RIVER BASIN COMMISSION SALARIES AND EXPENSES

For expenses necessary to carry out the functions of the United States member of the Susquehanna River Basin Commission, as authorized by law (84 Stat. 1541), $50,000. C O N T R I B U T I O N TO SUSQUEHANNA RIVER BASIN COMMISSION

For payment of the United States share of the current expenses of the Susquehanna River Basin Commission, as authorized by law (84 Stat. 1530, 1531), $75,000.

79 Stat. 244.

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