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Wright-Patterson Air Force Base, Ohio, five hundred units. Shaw Air Force Base, South Carolina, hve hundred units. Woomera, Australia, ninety units, (b) Trailer Court Facilities— (1) The Department of the Navy, one thousand five hundred spaces, $4,500,000. (2) The Department of the Air Force, eight hundred fifty spaces $2,780,000. SEC. 502. Authorization for the construction of family housing provided in this Act shall be subject, under such regulations as the Secretary of Defense may prescribe, to the following limitations on cost, which shall include shades, screens, ranges, refrigerators, and all other installed equipment and fixtures: (a) The average unit cost for each military department for all units of family housing constructed in the United States (other than Hawaii and Alaska) shall not exceed $24,000 including the cost of the family unit and the proportionate costs of land acquisition, site preparation, and installation of utilities. (b) No family housing unit in the area specified in subsection (a) shall be constructed at a total cost exceeding $42,000 including the cost of the family unit and the proportionate costs of land acquisition, site preparation, and installation of utilities. (c) When family housing units are constructed in areas other than that specified in subsection (a) the average cost of all such units shall not exceed $33,500 and in no event shall the cost of any unit exceed $42,000. The cost limitations of this subsection shall include the cost of the family unit and the proportionate costs of land acquisition, site preparation, and installation of utilities. SEC. 503. Notwithstanding the limitations contained in prior military construction authorization Acts on cost of construction of family housing, the limitations contained in section 502 of this Act shall apply to all prior authorizations for construction of family housing and not heretofore repealed and for which construction contracts have not been executed by date of enactment of this Act. SEC. 504. The Secretary of Defense, or his designee, is authorized to accomplish alterations, additions, expansions or extensions not otherwise authorized by law, to existing public quarters at a cost not to exceed (1) for the Department of the Army, $10,367,000. (2) for the Department of the Navy, $8,271,000. (3) for the Department of the Air Force, $13,825,000. (4) for the Defense Agencies, $205,000. SEC. 505. The Secretary of Defense, or his designee, is authorized to construct or otherwise acquire, four family housing units in foreign countries at a total cost not to exceed $106,000. This authority shall include the authority to acquire lands and interests in land, and shall be limited to such projects as may be funded by use of excess foreign currencies when so provided in Department of Defense appropriations A^cts SEC. 506. Section 515 of Public Law 84-161 (69 Stat. 324, 352) as amended, is amended by (1) striking out "1971 and 1972" in the first sentence and inserting in lieu thereof "1972 and 1973", (2) striking out "seven thousand five hundred" in the second sentence and inserting in lieu thereof "ten thousand", and (3) striking out "$190" and "$250" in the third sentence and inserting in lieu thereof "$200" and "$275", respectively. SEC. 507. Section 507 of Public Law 88-174 (77 Stat. 307, 326) as amended, is amended by (1) striking out "1971 and 1972" and inserting

407

Cost l i m i t a t i o n s.

Retroactive provision.

Foreign countries.

L e a s in g; of facil i t i e s. 8 4 Stat. 1220. 10 USC 267 4 note.

8 1 Stat, 304;

84 Stat. 1220, 42 USC lS94k,

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Space limitations, 76 Stat. 239.

Repeal, 70A Stat. 269. Repeal. 70A Stat. 590. U.S. Naval Academy, c o s t limitation exception.

Appropriation.

84 Stat. 1865.

PUBLIC LAW 92-145-0CT. 27, 1971

[85 STAT.

in lieu thereof "1972 and 1973", and (2) striking out "$185" and inserting in lieu thereof "$210". SEC. 508. (a) Sections 4774(f) and 9774(f) of title 10, United States Code, are amended to read as follows: "(f) If the Secretary of Defense, or his designee, determines, on the basis of a survey of the family housing needs at any installation where the construction of family housing is authorized, that the construction of four-bedroom units or five-bedroom units for enlisted men is required, such units may be constructed with a net floor area of not more than one thousand two hundred fifty square feet, and one thousand four hundred square feet, respectively." (b) Section 7574(d) of title 10, United States Code is amended to read as follows: " (d) If the Secretary of Defense, or his designee, determines, on the basis of a survey of the family housing needs at any installation where the construction of family housing is authorized, that the construction of four-bedroom units or five-bedroom units for enlisted men is required, such units may be constructed with a net floor area of not more than one thousand two hundred fifty square feet, and one thousand four hundred square feet, respectively.". (c) Sections 4774(g), 7574(e), and 9774(g) of title 10, United States Code, are amended by inserting "or five-bedroom units" after "fourbedroom units". SEC. 509. (a) Chapter 449 of title 10, United States Code, is amended by repealing section 4775 and by striking out the corresponding item in the analysis. (b) Chapter 949 of title 10, United States Code, is amended by repealing section 9775 and by striking out the corresponding item in the analysis. SEC. 510. The Secretary of Defense, or his designee, is authorized to accomplish repairs and improvements to existing public quarters in amounts in excess of the $10,000 limitation prescribed in section 610(a) of Public Law 90-110 (81 Stat. 279, 805), as amended, for the United States Naval Academy, Annapolis, Maryhind, five units, $125,000. SEC. 511. There is authorized to be appropriated for use by the Secretary of Defense, or his designee, for military family housing as authorized by law for the following purposes: (1) for construction and acquisition of family housing, including improvements to adequate quarters, improvements to inadequate quarters, minor construction, relocation of family housing, rental guarantee payments, construction and acquisition of trailer court facilities, and planning, an amount not to exceed $270,919,000, and, (2) for support of military family housing, including operating expenses, leasing, maintenance of real property, payments of principal and interest on mortgage debts incurred, payment to the Commodity Credit Corporation, and mortgage insurance premiums authorized under section 222 of the National Housing Act, as amended (12 LLS.C. I7l5m), an amount not to exceed $633,212,000. TITLE VI—HOMEOWNEES ASSISTANCE

Appropriation. 42 USC 3374 and note.

SEC. 601. I n accordance with subsection 1013(i) of Public Law 89-754 (80 Stat. 1255, 1292) there is authorized to be appropriated for use by the Secretary of Defense for the purposes of section 1013 of Public Law 89-754, including acquisition of properties, an amount not to exceed $7,575,000.

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


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409

TITLE VII GENERAL

PROVISIONS

SEC. 701. The Secretary of each military department may proceed to establish or develop installations and facilities under this Act without regard to section 3648 of the Revised Statutes, as amended (31 U.S.C. 529) and sections 4774(d) and 9774(d) of title 10, United States Code. The authority to place permanent or temporary improvements on land includes authority for surveys, administration, overhead planning, and supervision incident to construction. That authority may be exercised before title to the land is approved under section 355 of the Revised Statutes, as amended (40 U.S.C. 255), and even though the land is held temporarily. The authority to acquire real estate or land includes authority to make surveys and to acquire land, and interests in land (including temporary use), by gift, purchase, exchange of Government-owned land, or otherwise. SEC. 702. There are authorized to be appropriated such sums as may be necessary for the purposes of this Act, but appropriations for public works projects authorized by titles I, 11, III, IV, V, and VI, shall not exceed— (1) for title I: Inside the United States, $363,126,000; outside the United States, $41,374,000; or a total of $404,500,000. (2) for title II: Inside the United States, $266,068,000; outside the United States, $52,042,000; section 202, $3,733,000; or a total of $321,843,000. (3) for title III: Inside the United States, $226,484,000; outside the United States, $8,878,000; section 302, $11,985,(K)0; or a total of $247,347,000. (4) for title IV: A total of $20,601,000. (5) for title V: Military family housing, $904,131,000. (6) for title VI: Homeowners assistance, $7,575,000. SEC. 703. Except as provided in subsection (b), any of the amounts specified in titles I, II, III, and IV of this Act, may, hi the discretion of the Secretary concerned, be increased by 5 per centum when inside the Ignited States (other than Hawaii and Alaska), and by 10 per centum when outside the United States or in Hawaii and Alaska, if he determines that such increase (1) is required for the sole purpose of meeting unusual variations in cost, and (2) could not have been reasonably anticipated at the time such estimate was submitted to the Congress. However, the total cost of all construction and acquisition in each such title may not exceed the total amount authorized to be appropriated in that title. (b) When the amount named for any construction or acquisition in title I, II, III, or IV of this Act involves only one project at any military installation and the Secretary of Defense, or his designee, determines that the amount authorized must be increased by more than the applicable percentage prescribed in subsection (a), the Secretary concerned may proceed with such construction or acquisition if the amount of the increase does not exceed by more than 25 per centum the amount named for such project by the Congress. (c) Subject to the limitations contained in subsection (a), no individual project authorized under title I, II, III, or IV of this Act for any specifically listed military installation may be placed under contract if— (1) the estimated cost of such project is $250,000 or more, and (2) the current working estimate of the Department of Defense, based on bids received, for the construction of such project exceeds by more than 25 per centum the amount authorized for such project by the Congress, until after the expiration of thirty days from

^^^^""/iJ'^"''""" ^"waWer'of restrictions, ^J^^ ^tat. 269,

Appropriation,

^°^* variations.

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Annual report to C o n g r e s s.

Contract supervision.

Reports to Congress.

70A Stat. 127. 10 USC 2 3 0 1. Reports to Congress.

P u b l i c works authorizations. Repeals.

Exceptions,

PUBLIC LAW 92-145-OCT. 27, 1971

[85 STAT.

the date on which a written report of the facts relating to the increased cost of such project, including a statement of the reasons for such increase has been submitted to the Committees on Armed Services of the House of Representatives and the Senate, (d) The Secretary of Defense shall submit an annual report to the Congress identifying each individual project which has been placed under contract in the preceding twelve-month period and with respect to which the then current working estimate of the Department of Defense based upon bids received for such project exceeded the amount authorized by the Congress for that project by more than 25 per centum. The Secretary shall also include m such report each individual project with respect to which the scope was reduced in order to permit contract award within the available authorization for such project. Such report shall include all pertinent cost information for each individual project, including the amount in dollars and percentage by which the current working estimate based on the contract price for the project exceeded the amount authorized for such project by the Congress. SEC. 704. Contracts for construction made by the United States for performance within the United States and its possessions under this Act shall be executed under the jurisdiction and supervision of the Corps of Engineers, Department of the Army, or the Naval Facilities Engineering Command, Department of the Navy, or such other department or Government agency as the Secretaries of the military departments recommend and the Secretary of Defense approves to assure the most efficient, expeditious and cost-effective accomplishment of the construction herein authorized. The Secretaries of the military departments shall report annually to the President of the Senate and the Speaker of the House of Representatives a breakdown of the dollar value of construction contracts completed by each of the several construction agencies selected, together with the design, construction, supervision, and overhead fees charged by each of the several agents in the execution of the assigned construction. Further, such contracts (except architect and engineering contracts which, unless specifically authorized by the Congress, shall continue to be awarded in accordance with presently established procedures, customs, and practice) shall be awarded, insofar as practicable, on a competitive basis to the lowest responsible bidder, if the national security will not be impaired and the award is consistent with chapter 137 of title 10, United States Code. The Secretaries of the military departments shall report semiannually to the President of the Senate and the Speaker of the House of Representatives with respect to all contracts awarded on other than a competitive basis to the lowest responsible bidder. SEC. 705. (a) As of October 1, 1972, all authorizations for military public works (other than family housing) to be accomplished by the Secretary of a military department in connection with the establishment or development of military installations and facilities, and all authorizations for appropriations therefor, that are contained in titles I, II, III, and IV of the Act of October 26, 1970, Public Law 91-511 (84 Stat. 1204), and all such authorizations contained in Acts approved before October 27, 1970, and not superseded or otherwise modified by a later authorization are repealed except— (1) authorizations for public works and for appropriations therefor that are set forth in those Acts in the titles that contain the general provisions; ^ (2) authorizations for public works projects as to which appropriated funds have been obligated for construction contracts, land acquisitions, or payments to the North Atlantic Treaty Organization, in whole or in part before October 1, 1972, and'authorizations for appropriations therefor;

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(3) notwithstanding the repeal provisions of section 605(a) of the Act of October 26, 1970, Public Law 91-511 (84 Stat. 1204, 1223), authorization for the following item which shall remain in effect until October 1, 1973: (a) utilities in the amount of $2,874,000 at Navy Public Works Center, Newport, Rhode Island, that is contained in title II, section 201 of the Act of July 21, 1968 (82 Stat. 373); and (4) notwithstanding the repeal provisions of section 605(a) of the Act of October 26, 1970, Public Law 91-511 (84 Stat. 1204, 1223) authorizations for the following items which shall remain in effect until October 1, 1973: (a) Utilities in the amount of $288,000 at Fort Hancock, New Jersey, that is contained in title I, section 101 of the Act of December 5, 1969 (83 Stat. 293), as amended. (b) Utilities in the amount of $545,000 at Fort Wadsworth, New York, that is contained in title I, section 101 of the Act of December 5, 1969 (83 Stat. 293), as amended. (b) Effective fifteen months from the date of enactment of this Act, all authorizations for construction of family housing, including trailer court facilities, all authorizations to accomplish alterations, additions, expansions, or extensions to existing family housing, and all authorizations for related facilities projects, which are contained in this or any previous Act, are hereby repealed, except— (1) authorizations for family housing projects as to which appropriated funds have been obligated for construction contracts or land acquisitions or manufactured structural component contracts in whole or in part before such date; and (2) authorizations to accomplish alterations, additions, expansions, or extensions to existing family housing, and authorizations for related facilities projects, as to which appropriated funds have been obligated for construction contracts before such date. SEC. 706. None of the authority contained in titles I, II, III, and IV of this Act shall be deemed to authorize any building construction projects inside the United States in excess of a unit cost to be determined in proportion to the appropriate area construction cost index, based on the following unit cost limitations where the area construction cost index is 1.0: (1) $3,200 per man for permanent barracks; (2) $11,000 per man for bachelor officer quarters; unless the Secretary of Defense or his designee determines that because of special circumstances, application to such project of the limitations on unit costs contained in this section is impracticable: Provided, That notwithstanding the limitations contained in prior military construction authorization Acts on unit costs, the limitations on such costs contained in this section shall apply to all prior authorizations for such construction not heretofore repealed and for which construction contracts have not been awarded by the date of enactment of this Act. SEC. 707. Chapter 159 of title 10, United States Code, is amended as follows: (1) Section 2674(a) is amended by adding immediately before the period at the end thereof "or for a project which the Secretary of a military department determines will, within three years following completion of the project, result in savings in maintenance and operation costs in excess of the cost of the project". (2) The catchline and text of section 2672, and the corresponding item in the analysis are amended by striking out "$25,000" wherever it appears and inserting in place thereof "$50,000". (3) Section 2672 is amended by adding the following new sentence at the end thereof: "The authority to acquire an interest in land under

411

eons^ucti^on"''"^ authorizations, ^1^/^^^^^' ^"^'" Exceptions.

.""^^ '=°^t umita-

Retroactive

^° ^^"^ ^eei, y^'^starsii'*^^'

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76 Stat, 242. 74 Stat. 186.

Texas, land

conveyance.

PUBLIC LAW 92-145-OCT. 27, 1971

[85 STAT.

this section includes authority to make surveys and acquire interests in land (including temporary use), by gift, purchase, exchange of land owned by the United States, or otherwise.". (4) Section 2677(b) is amended by deleting the last sentence thereof. (5) Section 2662 is amended by deleting subsection (a)(3) and inserting in its place the following new subsection: "(3) A lease or license of real property owned by the United States, if the estimated annual fair market rental value of the property is more than $50,000." gj,^.^ ^08. (a) The Secretary of the Army, or his designee, is authorized to convey to the btate oi Texas, subject to such terms and conditions as the Secretary of the Army, or his designee, may deem to be in the public interest, all right, title and interest of the United States, except as retained in this section, in and to a certain parcel of land containing 20 acres, more or less, out of and a part of section 2, block 81, township 2, Texas and Pacific Eailroad Company Survey, El Paso County, Texas, within the Castner Kange area of the Fort Bliss Military Eeservation, being more particularly described as follows: Starting at a United States Government monument, marking the corners common to sections 2, 3, 8, and 9, block 81, township 2, E l Paso County, Texas, thence proceeding north 88 degrees 48 minutes 17 seconds east along the south line of said section 2, a distance of 94.09 feet to a point on the east line of the proposed north-south freeway; thence north 01 degree 18 minutes 22 seconds west, along the east line of said freeway, and the west line of a 95.0-foot wide easement to the city of El Paso, Texas, a distance of 95.0 feet, to the point of beginning of subject parcel; thence north 01 degree 18 minutes 22 seconds west along the east right-of-way line of said north-south freeway, and the west line of subject parcel, a distance of 1244.58 feet to a point; thence north 88 degrees 48 minutes 17 seconds east into said section 2, a distance of 700.0 feet to a point; thence south 01 degree 18 minutes 22 seconds east, along the east line of subject parcel, a distance of 1244.58 feet to a point on the north line of a 95.0-foot-wide easement to the city of E l Paso, Texas; thence south 88 degrees 48 minutes 17 seconds west along the north line of said easement to the city of El Paso, Texas, and the south line of subject parcel, a distance of 700.0 feet to the point of beginning. (b) In consideration for the conveyance by the United States of the property described in subsection (a), the State of Texas shall convey to the United States a parcel of land containing 18.3106 acres, more or less, out of and part of section 21, block 81, township 2, El Paso County, Texas, said parcel being a portion of a 24.25-acre parcel of land heretofore conveyed by the United States to the State of Texas for National Guard and military use by deed dated November 4, 1954, pursuant to the Act of August 30, 1954 (68 Stat. 974), said 18.3106acre parcel being more particularly described as follows: Beginning at a point on the south line of Hayes Avenue and the west right-of-way line of the proposed north-south freeway; thence south 30 degrees 26 minutes 35 seconds west along the west line of said freeway, and the east line of subject area, a distance of 570.42 feet to a point; thence south 34 degrees 26 minutes 10 seconds west, along the west line of said freeway and the east line of subject area, a distance of 260.00 feet to a point; thence south 27 degrees 15 minutes 37 seconds west, along the west line of said freeway and the east line of subject area, a dis-

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PUBLIC LAW 92-145-OCT. 27, 1971

413

tance of 218.63 feet to a point on the north line of Truman Avenue; thence south 86 degrees 32 minutes 40 seconds east, along the north line of Truman Avenue and the south line of subject area, a distance of 635.32 feet to a point on the east line of Pollard Street; thence north 03 degrees 27 minutes 20 seconds east, along the east line of Pollard Street, and the west line of subject area, a distance of 902.37 feet to a point on the south line of Hayes Avenue; thence north 88 degrees 01 minute 34 seconds west, along the south line of Hayes Avenue, and the north line of subject area, a distance of 1116.62 feet to the point of beginning. (c) The legal descriptions in subsections (a) and (b) may be modiheel, as agreed upon by the Secretary, or his designee, and the State of Texas, consistent with any necessary changes which may be disclosed as the result of an accurate survey. (d) There shall be reserved to the United States in the conveyance of t^^fsl*^ reserved lands described in subsection (a) hereof the following— (a) all mineral rights including gas and oil; and (b) rights of ingress and egress over roads in the described lands serving buildings or other works operated by the United States or its successors or assigns in connection with Fort Bliss, rights-of-way for water lines, sewer lines, telephone and telegraph lines, power lines, and such other utilities which now exist, or which may become necessary to the operation of the said Fort Bliss. (e) The conveyance of the property authorized by subsection (a) of conditions. this section shall be upon the following conditions: (1) That such property shall be used primarily for training of the National Guard and for other military purposes, and that if the State of Texas shall cease to use the property so conveyed for the purposes intended, then title thereto shall immediately revert to the United States, and in addition, all improvements made by the State of Texas during its occupancy shall vest in the United States without payment of compensation therefor, (2) That whenever the Congress of the United States declares a state of war or other national emergency, or the President declares a state of emergency, and upon the determination by the Secretary of Defense that the property conveyed under this Act is useful or necessary for military, air, or naval purposes, or in the interest of national defense, the United States shall have the right, without obligation to make payment of any kind, to reenter upon the property and use the same or any part thereof, including any and all improvements made thereon by the State of Texas, for the duration of such state of war or of such emergency. Upon the termination of such state of war or of such emergency plus six months such property shall revert to the State of Texas, together with all appurtenances and utilities belonging or appertaining thereto. (3) That the State, in accepting the conveyance from the United States authorized in subsection (a) hereof, shall covenant and agree to all responsibility for clearance of ammunition from the area and to hold the United States harmless from liability in connection with any incidents arising therefrom. (f) In executing the deed of conveyance authorized by this section, the Secretary of the Army shall include specific provisions covering the reservations and conditions contained in subsections (a) and (b) of this section. (g) All expenses for surveys and the preparation and execution of legal documents necessary or appropriate to carry out the foregoing provisions of this section shall be borne by the State of Texas. (h) Notwithstanding the provisions of section 3(b) of Public Law 91-202, approved March 4, 1970 (84 Stat. 20), structures and improve-

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84 Stat. 20. Camp Pendletorii Calif., prohibition.

Military Construction Authorization Act, 1972.

PUBLIC LAW 92-146-OCT. 29, 1971

[85 STAT.

ments which are to be replaced in kind at the expense of the city of El Paso, Texas, under such section, shall be constructed on land conveyed to the State of Texas under subsection (a) of this section instead of on the site designated in Public Law 91-202, but all other provisions of that law" shall remain in full force and effect. SEC. 709. Notwithstanding any other provision of law, none of the lands constituting Camp Pendleton, California, may be sold, leased, transferred, or otherwise disposed of by the Department of Defense unless hereafter authorized by law. SEC. 710. Titles I, II, III, IV, V, VI, and VII of this Act may be cited as the "Military Construction Authorization Act, 1972". TITLE VIII RESERVE FORCES

70A Stat. 120. 10 USC 2 2 3 1.

Reserve Forces F a c i l i t i e s Authorization Act, 1972.

FACILITIES

SEC. 801. Subject to chapter 13S of title 10, United States Code, the Secretary of Defense may establish or develop additional facilities for the Reserve Forces, including the acquisition of land therefor, but the cost of such facilities shall not exceed— (1) For the Department of the Army: (a) Army National Guard of the United States, $25,686,000. (b) Army Reserve, $30,300,000. (2) For the Department of the Navy; Naval and Marine Corps Reserves, $10,090,000. (3) For the Department of the Air Force: (a) Air National Guard of the United States, $9,000,000. (b) Air Force Reserve, $5,250,000. SEC. 802. The Secretary of Defense may establish or develop installations and facilities under this title without regard to section 3648 of the Revised Statutes, as amended (31 U.S.C. 529), and sections 4774(d) and 9774(d) of title 10, United States Code. The authority to place permanent or temporary improvements on lands includes authority for surveys, administration, overhead, planning, and supervision incident to construction. That authority may be exercised before title to the land is approved under section 355 of the Revised Statutes, as amended (40 U.S.C. 255), and even though the land is held temporarily. The authority to acquire real estate or land includes authority to make surveys and to acquire land, and interests in land (including temporary use), by gift, purchase, exchange of Government-owned land, or otherwise. SEC. 803. This title may be cited as the "Resen^e Forces Facilities Authorization Act, 1972." Approved October 27, 1971.

Public Law 92-146 October 29, 1971 [S. 123]

Missouri River B a s i n project, Wyo. Kortes unit. 33 USC 701-1.

AN ACT To authorize the Secretary of the Interior to modify the operation of the Kortes unit, Missouri River Basin project, Wyoming, for fishery conservation. Be it enacted by the Senate and House of Reiwesentatices of the United /States of America In Congress aMemhled, That the Secretary of the Interior is hereby authorized and directed to modify the operation of the Kortes unit, Missouri River Basin project, Wyoming, authorized by the Act of December 22, 1944 (58 Stat. 887), to provide for the conservation of fishery resources.

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PUBLIC LAW 92-148-OCT. 29, 1971

415

SEC. 2. The Secretary shall operate the Kortes unit so as to maintain a minimum streamfiow of five hundred cubic feet per second in the reach of the Xorth Platte River between Kortes Dam and the normal headwaters of Patlifinder Reservoir: Provided, That sufficient water is available to maintain such minimum flow, without a resultant adverse elfect on other water users AVIIO have valid rights to the use of this water: Provided further, That when sufficient water is not available to operate in this manner, water will be reserved for hydroelectric peaking power operations on a four-hour daily, five-day-week basis and any remaining water will be released for conservation of the fishery resources. Approved October 29, 1971.

Public Law 92-147 AN ACT To authorize the Secretary of the Intex'ior to revise a repayment contract with the San Angelo Water Supply Corporation, San Angelo project, Texas, and for other purposes.

Be It etutcted by the Senate and Hou>ie of Representatives of the United States of America in Congress assembled, That, in order to assist the San Angelo Water Supply Corporation in overcoming liardships resulting from developing and financing an alternate water supply to overcome the effect of an unprecedented drought on the San Angelo project, the Secretary of the Interior is authorized to revise the repayment contract numbered 14—06-500-368 dated April 28, 1959, as amended, by extending the period authorized for repayment of reimbursable construction costs of the San Angelo project from forty years to fifty years. SEC. 2. The Secretary is authorized to credit annually against the corporation's repayment obligation that portion of the year's joint operation and maintenance costs which, if the United States had continued to operate the project, would have been allocated to controlling floods and providing fisli and wildlife benefits. SEC. 8. The Secretary of the Interior may use any funds that are otherwise available to him to carry out the purposes of this Act. Approved October 29, 1971.

October 29, 1971 [S.1151]

^^^°^ sup?iy° Corp., Tex. costTrl'^^a^mrnt extension.^™

Public Law 92-148 AN ACT To provide for the conveyance of certain real property of the United States to the University of North Dakota, State of North Dakota.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is authorized and directed to convey to the University of N^orth Dakota, State of North Dakota, that tract of land situated on the campus of the University of North Dakota at Grand Forks, North Dakota, which is a portion of a tract of land which was heretofore deeded to the United States by the University Memorial Corporation. The tract being hereby conveyed is more particularly described as follows:

October 29, 197 1 [S. 74]

University of N. Dak. Land conveyance.

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PUBLIC LAW 92-149-OCT. 29, 1971

[85 STAT.

That part of the south half of the southwest quarter of section 4 township 151 range 50 bounded as follows: Commencing at a point on the north boundary line of the Great Northern Eailway right-of-way which is 913 feet east of the west line of said southwest quarter, thence east along said north boundary line a distance of 150 feet; thence north and parallel to the west line of said southwest quarter a distance of 376.10 feet; thence east a distance of 107 feet; thence north and parallel to the west line of said southw est quarter a distance of 350 feet; thence west a distance of 257 feet to a point 913 feet east of the west line of said southwest quarter and 726.10 feet north of the point of beginning; thence south to the true point of beginning. The north boundary of the above described tract lies along a line which commences at the northeast corner of lot 20 in block 2 of the University P a r k Addition, Grand Forks City, according to the plat on file in the Office of the Register of Deeds, Grand Forks County, North Dakota, and recorded in book 87 of deeds, page 12, and which continues west along the south line of the alley in said block 2, extending to a point described above as the northwest corner of the tract. Approved October 29, 1971.

Public Law 92-149 October 29, 1971

[s. 24]

AN

ACT

To provide that the cost of certain investigations by the Bureau of Reclamation shall be nonreimbursable.

Be tt rHticted by the Senate (tnd House of Representatives of the Reclamation United States of Ame/'lca in Congress assembled. That all costs ^"Non*re^mbu"s'abie hcretoforc or hereafter incurred from funds appropriated to the costs. Bureau of Reclamation and costs transferred to it for (1) investigations and surveys of potential projects or divisions or units of projects which hare not been authorized for construction prior to the date of this Act, (2) investigations and surveys of potential units or divisions of the Pick-Sloan Missouri River Basin program requiring amendatory authorization, under terms of Public Law 88-442 (78 Stat. 446), after the effective date of this Act, (3) studies of rehabilitation and bettement and water conservation requirements of existing projects relating to work for which repayment contracts have not been executed prior to the date of this Act, (4) studies relating to the (Comprehensive plan of development of the Missouri River Basin, and (5) general engineering and research studies shall be nonreimbursable. Approved October 29, 1971.

Public Law 92-150 ^

.

,„

„,,

JOINT RESOLUTION

October 30, 1971

[S.J. Res. 167]

50 USC app, '"''•

To extend the authority conferred by the Export Administration Act of 1969.

Resolved by the 8enate and Rouse of Representatives of the United States of America in Congress assembled, That section 14 of the Export Administration Act of 1969, as amended (Public Law 92-37; 85 Stat. g9\ ig amended by striking out "October 31, 1971" and inserting "May 1, 1972". Approved October 30, 1971.

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417

PUBLIC LAW92-151-NOV. 5, 1971

Public Law 92-151 AN ACT To amend the Tariff Schedules of the United States with respect to the dutiable status of certain articles.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the Tariff Schedules of the United States (19 U.S.C. 1202) are amended as follows: (1) Item 417.12 (relating to aluminum hydroxide and oxide (alumina)) is amended by striking out "0.15(i per lb." and inserting in lieu thereof "Free". (2) Item 521.17 (relating to bauxite, calcined) is amended by striking out "11^ per ton" and inserting in lieu thereof "Free", (3) Item 601.06 (relating to bauxite ore) is amended by striking out "100 per ton" and inserting in lieu thereof "Free". (4) Effective July 16, 1971, items 907.15 (relating to aluminum oxide (alumina) when imported for use in producing aluminum), 909.30 (relating to bauxite, calcined), and 911.05 (relating to bauxite ore^ are repealed. (b) The rates of duty for* items 417.12, 521.17, and 601.06 in rate column numbered 1 of the Tariff Schedules of the United States, as amended by subsection (a), shall (1) be treated as not having the status of statutory provision enacted by the Congress, but as having been proclaimed by the President as being required or appropriate to carrying out foreign trade agreements to which the United States is a party, and (2) supersede the staged rates of duty provided for such items in Annex III to Proclamation 3822, dated December 16, 1967 (32 Fed. Reg., No. 244, part II, p. 19037). (c) The amendments made by subsection (a) shall apply with respect to articles entered, or withdrawn from warehouse, for consumption after July 15, 1971. SEC. 2. (a) Item 405.04 of the Tariff Schedules of the United States is amended by striking out such item and inserting in lieu thereof the following: 405.04 405.05

Trinitrotoluene: Valued not over 15 cents per pound. Valued over 15 cents per pound

1.7^ per lb.+11% ad val. Free

November 5, 1971 [H. R. 4590]

Tariff Schedu l e s, amendment. 77A Stat. 180; 8 2 Stat. 153 2.

Repeals. 77A Stat. 432; 82 Stat. 1210.

82 Stat. 1490. Effective date.

82 Stat. 1473.

7^ per lb.+45% ad val. 70 per lb.+ 45% ad val.

The rate of duty in rate column numbered 1 of the Tariff Schedules of the United States for item 405.05 (as added by this subsection) shall be treated as not having the status of statutory provisions enacted by the Congress, but as having been proclaimed by the President as being required or appropriate to carry out foreign trade agreements to which the United States is a party. (b) The rate of duty in rate column numbered 1 of the Tariff Schedules of the United States for item 405.04 (as amended by subsection (a)) shall be treated as not having the status of statutory provisions enacted by the Congress, but as having been proclaimed by the President as being required or appropriate to carry out foreign trade agreements to which the United States is a party. (c) The amendment made by subsection (a) shall apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after January 1, 1972.

Effective date.

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 PUBLIC LAW 92-152-NOV. 5, 1971

418 77A Stat. 270; 82 Stat. 1478, 1488. 19 USC 1202.

SEC. 3. (a) Schedule 6, part 2, subpart B of the Tariff Schedules of the United States is amended— (1) by renumbering item 608.90 as 608.89; and (2) by striking out items 608.91 and 608.92 and inserting in lieu thereof the following: 608.90 608.91 608.92

82 Stat. 1557. Effective date.

[85 STAT.

Imported for use in the manufacture of maple ! evaporators _ Other: Valued not over 10 cents per pound Valued over 10 cents per pound

Free

1^ per lb.

8% adval. 0.8f per lb.

1^ per lb. If: per lb.

(b) The rates of duty in rate column numbered 1 of the Taritt' Schedules of the United States for items 608.89, 608.90, 608.91, and 608.92 (as amended by subsection (a)) shall be treated as not having the status of statutory provisions enacted by the Congress, but as having been proclaimed by the President as being required or appropriate to carry out foreign trade agreements to which the United States is a party. Such rates shall not supersede the staged rates of duties provided for such items in Annex III to Proclamation 3822, dated December 16, 1967, and the reference to item 608.90 in such Annex shall be treated as referring to item 608.89. (c) The amendments made by subsection (a) shall apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after the date of the enactment of this Act. Approved November 5, 1971.

Public Law 92-152 November 5, 1971 [ H. R. 10458]

U.S.-Western Hemisphere countries. Cooperative animal d i s e a s e control.

AN ACT To broaden and expand the powers of the Secretary of Agriculture to cooperate with Mexico, Guatemala, El Salvador, Costa Rica, Honduras, Nicaragua, British Honduras, Panama, Colombia, and Canada to prevent or retard communicable diseases of animals, where the Secretary deems such action necessary to protect the livestock, poultry, and related industries of the United States.

Be it enacted Ijy the Senate and House of Representatives of the United States of America in Congress assembled, That the first section of the Act of February 28, 1947, as amended (61 Stat. 7; 80 Stat. 330; 21 U.S.C. 114b), is amended to read as follows: "The Secretary of Agriculture is authorized to cooperate with the Governments of Mexico, Guatemala, E l Salvador, Costa Rica, Honduras, Nicaragua, British Honduras, Panama, Colombia, and Canada in carrying out operations or measures to eradicate, suppress, or control, or to prevent or retard, any communicable disease of animals, including but not limited to foot-and-mouth disease, rinderpest, or screw-worm in such countries where he deems such action necessary to protect the livestock, poultry, and related industries of the United States. In performing the operations or measures authorized in this Act, the Governments of such countries shall be responsible for the authority necessary to carry out such operations or measures on all lands and properties therein and for such other facilities and means as in the discretion of the Secretary of Agriculture are necessary. The measure and character of cooperation carried out under this Act on the part of the United States and on the part of the Governments of such

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PUBLIC LAW 92-153-NOV. 5, 1971

countries, including the expenditure or use of funds appropriated pursuant to this Act, shall be such as may be prescribed by the Secretary of Agriculture. Arrangements for the cooperation authorized by this Act shall be made through and in consultation with the Secretary of State. The authority contained in this Act is in addition to and not in substitution for the authority of existing law." SEC. 2. Section 2 of the Act of February 28, 1947, as amended (61 Stat. 7; 70 Stat. 1033; 21 U.S.C. 114c), is amended by striking out the words "of Mexico," and inserting in lieu thereof the words "of Mexico, Guatemala, E l Salvador, Costa Rica, Honduras, Nicaragua, British Honduras, Panama, Colombia, and Canada,". SEC. 3. The Act of July 6, 1968 (82 Stat. 294; 21 U.S.C. 114d-2 through d-6) is hereby repealed. Approved November 5, 1971.

419

^^P^«^*

Public Law 92-153 JOINT RESOLUTION

November 5, 1971

To assure that every iieeily schoolchild will receive a free or reduced price lunch [H. J. Res. 923] as required by section 9 of the National School Lunch Act. AVhereas it appears that under the proposed apportionment of funds aA-ailable for special assistance under section 11 of the National School Lunch Act for the fiscal year ending June 30, 1972 (including funds appropriated by section 32 of the Act of August 24, 1935, and made available for that purpose), only six States will receive more than 30 cents in such assistance per free or reduced price lunch; and Whereas it appears that this amount per lunch is not adequate to enable States and schools to continue to participate in the school Ivmch program and to achieve the objectives of the National School Lunch Act, particularly that of providing a free or reduced price lunch to every needy child: Therefore be it Reaolred by the Senate and House of Representatives of the United States of America hi Congress assembled, That, notwithstanding any ^°°'^ service other provision of law, the Secretary of Agriculture shall until such drenr""^ time as a supplemental appropriation may provide additional funds for such purpose use so much of the funds appropriated by section 32 of the Act of August 24, 1935 (7 LLS.C. 612c), as may be necessary, ^9 Stat. 774. in addition to the funds now available therefor, to carry out the purposes of section 11 of the National School Lunch Act and provide 84 Stat. 211. a rate of reimbursement which will assure every needy child of free '•^ u c 1759a. or reduced price lunches during the fiscal year ending June 30, 1972, and to carry out the purposes of section 4 of the National School Lunch Act and provide an average rate of reimbursement of 6 cents ^^ ^^^ '^^^' per meal within each State. In determining the amount of funds needed and the requirements of the various States therefor, the Secretary shall consult with the National Advisory Council on Child Nutrition and interested parties. Funds expended under the foregoingprovisions of this resolution shall be reimbursed out of any supplemental appropriation hereafter enacted for the purpose of carrying out section 4 and section 111 of the National School Lunch Act, and such reimbursements shall be deposited into the fund established pursuant to section 32 of the Act of August 24, 1935, to be available for the

75-432

0-72-29

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 420 Apportionment to States,

76 Stat. 944. 42 USC 1753. Report to Congre s s.

80 Stat. 886; 84 Stat. 208. 42 USC 1773, 1774. Reimbursement rate, 42 USC 1759a.

Intra,

Eligibility standards. 60 Stat. 233; 84 Stat. 210. 42 USC 1758.

Transfer of funds. 49 Stat. 774. 7 USC 612c.

PUBLIC LAW 92-153-NOV. 5, 1971

[85 STAT.

purposes of said section 32, SEC. 2. Funds made available by this joint resolution shall be apportioned to the States in such manner as will best enable schools to meet their obligations with respect to the service of free and reduced price lunches and to meet the objective of this joint resolution with respect to providing a minimum rate of reimbursement under section 4 of the National School Lunch Act, and such funds shall be apportioned and paid as expeditiously as may be practicable. SEC. 3. The Secretary of Agriculture shall immediately upon enactment of this resolution determine and report to Congress the needs for additional funds to carry out the school breakfast and nonfood assistance programs authorized by sections 4 and 5 of the Child Nutrition Act of 1966 during the fiscal year ending June 30, 1972, at levels which Avill permit expansion of the school breakfast and school lunch programs to all schools desiring such programs as rapidly as practicable. SEC. 4. Section 11(e) of the National School Lunch Act is amended by inserting the following immediately after "the full cost of such lunches": "but in no event shall such amounts be less than an amount determined by— " (1) multiplying the number of meals served free in the school during such year by 40 cents or the cost per meal of providing such meals, whichever is less, and •'(2) multiplying the number of meals served at a reduced price in the school during such year by 40 cents or the cost per meal of providing such meals less the highest reduced price charged, whichever is less: Provided, however, That any school which requires a greater amount of reimbursement per meal served free or at a reduced price in order to fulfill the requirements of section 9 of this Act shall receive such greater amount if it can establish to the satisfaction of the State agency that it would otherwise be financially unable to support the service of such meals. The maximum per meal amount established by the Secretary shall in no event be less than 40 cents; and the Secretary shall establish a higher maximum per meal amount for especially needy schools based on such schools' need for assistance in providing free and reduced price lunches for all needy children." SEC. 5. Section 9 of the National School Lunch Act is amended by inserting after "July 1 of such year" the following: ": Provided, hoioevei\ That during fiscal year 1972 such guidelines shall be considered only as a national minimum standard of eligibility^ and the Secretary shall reimburse during such fiscal year State agencies and local school authorities for free and reduced cost meals served pursuant to eligibility standards established by State agencies prior to October 1, 1971". SEC. 6. The Secretary shall not lower minimum standards of eligibility for free and reduced price meals nor require a reduction in the number of children served in any school district during a fiscal year to be effective for that fiscal year. This section shall apply to fiscal year 1972. Skc. 7. In addition to any other authority given to the Secretary he is hereby authorized to transfer funds from section 32 of the Act of August 24, 1935, for the purpose of assisting schools which demonstrate a need for additional funds in the school breakfast program. Approved November 5, 1971.

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PUBLIC LAW 92-154-NOV. 12, 1971

421

Public Law 92-154 AN ACT I\iy

l\K^ X

To revise the honiularie.s of the Canyonlands National P a r k in the State of Utah.

November 12, 1971

[S« 26]

Be it enacted by the Senate and House of RepreHentatioeH of the rnited l:^tate8 of Anienca in Congress assembled, That the Act pro- N^tf"n°"part^ viding for the establishment of the Canyoiilands National Park (78 utah, •Stat. 934; 16 U.S.C. 271) is amended as follows: Boundary revi(a) Delete section 1 and insert in lieu thereof: ''That in order to preserve an area in the State of Utah possessing superlative scenic, scientific, and archeologic features for the inspiration, benefit, and use of the public, there is hereby established the Canyonlands National Park which, subject to valid existing rights, shall comprise the area generally depicted on the drawing entitled 'Boundary Map, Canyonlands National Park, Utah', numbered 164-91004 and dated June 1970, which shows the boundaries of the park having a total of approximately three hundred and thirty-seven thousand two hundred and fifty-eight acres. The map is on file and available for public inspection in the offices of the National Park Service, Department of the Interior." (b) I n section 2— le use 27la, (1) in the first sentence, delete the words "described in section 1 Jiereof or" which appear after the word "area"; (2) in the third sentence, insert the words "or any amendment thereto" after the word "Act"; and (3) in the fifth sentence, insert the words "or any amendment thereto." after the word "Act". (c) In section 3, after the word "Act" insert the words "or any ^^ use 271b. amendment thereto". (d) Add the following sections— "SEC. 6. Within three years from the date of enactment of this Report to Pre sisection, the Secretary of the Interior shall report to the President, in accordance with subsections 3(c) and 3(d) of the Wilderness Act (78 Stat. 890; 16 U.S.C. 1132 (c) and (d)), his recommendations as to the suitability or nonsuitability of any area within the national park for preservation as wilderness, and any designation of any such area as a wilderness shall be accomplished in accordance with said subsections of the Wilderness Act. "SEC. 7. (a) The Secretary of the Interior, in consultation with ^^^°^<^^^^^^^^' appropriate Federal departments and appropriate agencies of the " » " yState and its political subdivisions, shall conduct a study of proposed road alinements within and adjacent to the Canyonlands National Park. Such study shall consider what roads are appropriate and necessary for full utilization of the area for the purposes of this Act as well as to connect with roads of ingress and egress to the area. " (b) A report of the findings and conclusions of the Secretary shall Report to eonbe submitted to the Congress within two years of the date of enact- ^'•^^^' ment of this Act, including recommendations for such further legislation as may be necessary to implement the findings and conclusions developed from the study. '"SEC. S. There are hereby authorized to be appropriated such sums Appropriation. as may be necessary to carry out the purposes of this Act, not to exceed, however, $16,000 for the acquisition of lands and not to exceed $5,102,000 (April 1970 prices) for development, plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indexes applicable to the types of construction involved herein. The sums authorized in this section shall be available for acquisition and development in the areas added by this Act." Approved November 12, 1971.

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PUBLIC LAW 92-155-NOV. 12, 1971

[85 STAT.

Public Law 92-155 November 12, 1971 [S. 30]

Arches National Park, Utah, Establishment.

Land acquisition.

Grazing privileges.

Livestock t r a i l s, watering rights.

Administration.

16 USC 1. Report to President.

AN ACT To establish the Arches National Park in the State of Utah.

Be It enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) subject to valid existing rights, the lands, waters, and interests therein within the boundary generally depicted on the map entitled "Boundary Map, Proposed Arches National Park, Utah," numbered RPSSC-1S8-20, OOIE and dated September 1969, are hereby established as the Arches National Park (hereinafter referred to as the "park"). Such map shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior. (b) The Arches National Monument is hereby abolished, and any funds available for purposes of the monument shall be available for purposes of the park. Federal lands, waters, and interests therein excluded from the monument by this Act shall be administered by the Secretary of the Interior (hereinafter referred to as the "Secretary") in accordance with the laws applicable to the public lands of the United States. SEC. 2. The Secretary is authorized to acquire by donation, purchase with donated or appropriated funds, transfer from any Federal agency, exchange or otherwise, the lands and interests in lands described in the first section of this Act, except that lands or interests therein owned by the State of ITtah, or any political subdivision thereof, may be acquired only with the approval of such State or political subdivision. SEC. 3. Where any Federal lands included within the park are legally occupied or utilized on the date of approval of this Act for gracing purposes, pursuant to a lease, permit, or license for a fixed term of years issued or authorized by any department, establishment, or agency of the United States, the Secretary of the Interior shall permit the persons holding stich grazing privileges or their heirs to continue in the exercise thereof during the term of the lease, permit, or license, and one period of renewal thereafter. SEC. 4. Nothing in this Act shall be construed as affecting in any way any rights of owners and operators of cattle and sheep herds, existing on the date immediately prior to the enactment of this Act, to trail their herds on traditional courses used by them prior to such date of enactment, and to water their stock, notwithstanding the fact that the lands involving such trails and watering are situated within the park: Provided, That the Secretary may designate driveways and promulgate reasonable regulations providing for the use of such driveways. SEC. 5. (a) The National Park Service, under the direction of the Secretary, shall administer, protect, and develop the park, subject to the provisions of the Act entitled "An Act to establish a National Park Service, and for other purposes", approved August 25, 1916 (39 Stat. 535). (b) Within three years from the date of enactment of this Act, the Secretary of the Interior shall report to the President, in accordance with subsections 3(c) and 3(d) of the Wilderness Act (78 Stat. 890; 16 U.S.C. 1132 (c) and (d)), his recommendations as the suitability or nonsuitability of any area within the park for preservation as wilderness, and any designation of anj'^ such area as a wilderness shall be in accordance with said Wilderness Act.

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PUBLIC LAW 92-156-NOV. 17, 1971

423

SEC. 6. (a) The Secretary, in consultation with appropriate Federal Road aiinedepartments and appropriate agencies of the State and its political "'^"*^' ^*"dy. subdivisions shall conduct a study of proposed road alinements within and adjacent to the park. Such study shall consider what roads are appropriate and necessary for full utilization of the area for the purpose of this Act as well as to connect with roads of ingress and egress to the area. (b) A report of the findings and conclusions of the Secretary shall Report to conbe submitted to the Congress within two years of the date of enact- ^''^^®* ment of this Act, including recommendations for such further legislation as may be necessary to implement the findings and (conclusions developed from the study. SEC. 7. There are hereby authorized to be appropriated such sums as Appropriation. may be necessary to carry out the purposes of this Act, not to exceed, however, $125,000 for the acquisition of lands and interests in lands and not to exceed $1,031,800 (April 1970 prices) for development, plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indices applicable to the types of construction involved herein. The sums authorized in this section shall be available for acquisition and development undertaken subsequent to the approval of this Act. Approved November 12, 1971.

Public Law 92-156 AN ACT

November 17, 1971

To authorize appropriations during the fiscal year 1972 for procurement of aircraft, missiles, naval vessels, tracked combat vehicles, torpedoes, and other weapons, and research, development, test, and evaluation for the Armed Forces, and to authorize real estate acquisition and construction at certain installations in connection with the Safeguard anti-ballistic missile system, and to prescribe the authorized personnel strength of the Selected Reserve of each Reserve component of the Armed Forces, and for other purposes.

[H. R. 8687]

Be it emicted by the Senate and House of Representatives United States of America in Congress assem hJed. ^

^

of the

I

TITLE I — P R O C U E E: M E X T

SEC. 101. Funds are hereby authorized to be appropriated during the fiscal year 1972 for the use of the Amied Forces of the United States for procurement of aircraft, missiles, naval vessels, tracked combat vehicles, torpedoes, and other weapons, as authorized by law, in amounts as follows: AIRCRAFT

For aircraft: for the Army, $94,200,000; for the Xavy and the Marine Corps, $3,254,900,000 of which not to exceed $801,600,000 shall be available for a F-14 aircraft program of not less than 48 aircraft; for the Air Force, $3,029,800,000: Provided. That $14,500,000 of funds

Armed Forces. Appropriation authorization,

'''2-

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PUBLIC LAW 92-156-NOV. 17, 1971

[85 STAT.

available to the Air Force for aircraft procurement shall be available for the procurement of 30 armed S TO L aircraft. MISSILES

For missiles: for the Army, $1,066,100,000; for the Navy, $704,100,000; for the Marine Corps, $1,300,000: for the Air Force, $1,791,200,000. NAVAL VESSELS

For naval vessels: for the Navy, $3,067,100,000, of which $14,600,000 is authorized only for advanced procurement for the nuclear powered guided missile frigate DLGN-41. The contracts for advance procurement for the DLGN-41 shall be entered into as soon as practicable unless the President fully advises the Congress that its construction is not in the national interest. TRACKED COMBAT V E H I C L E S

For tracked combat vehicles: for the Army, $112,500,000; for the Marine Corps, $63,900,000. TORPEDOES

For torpedoes and related support equipment: for the Navy, $193,500,000. OTHER AVEAPOXS

For other weapons: for the Army, $33,000,000; for the Navy, $1,300,000; for the Marine Corps, $1,000,000.

TITLE 11—KKSEAKCH, DEVELOPMENT, T E S T, A N D EVALUATION

Funds, availability.

SEC. 201. (a) Funds are hereby authorized to be appropriated during the fiscal year 1972 for the use of the Armed Forces of the United States for research, de\elopment, test, and evaluation, as authorized by law, in amounts as follows: For the Army, $1,880,000,000; For the Navy"^ (including the Marine Corps), $2,418,700,000 of which amount not more than $4,492,000 may he used to carry out research and development in connection with the Navy's Project Sanguine, and of which amount $150,000 shall be available only for carrying out an environmental compatibility program in connection with the Sanguine project, and of which amount $300,000 shall be available only for biological and ecological ertects research in connection with the Sanguine project; For the Air Force, $2,979,000,000; and For the Defense Agencies, $465,700,000. (b) Section 40 of Public Law 1028, approved August 10, 1956 ^^^-^.^ ^^^^ ggg,.^^ U.S.C. 649c) is amended to read as follows: "SEC. 40. Unless otherwise provided in the appropriation Act concerned, moneys appropriated to the Department of Defense (1) for the

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PUBLIC LAW 92-156-NOV. 17, 1971

procurement of technical military equipment and supplies and the construction of public works, including? moneys appropriated to the Department of the Na^•y for the pi-ocurement and construction of j^uided missiles, remain available until spent, and (2) for research and development remain available for obligation for a period of two successive fiscal years."' (c) Xone of the funds authorized to be appropriated b}^ this Act may he used to carry out any research and development work in connection with a deep underground system foi* the Sanguine project. SEC. 202. There is hereby authorized to be appropriated to the Department of Defense during fiscal year 1972 for use as an emergency fund for researcli, development, test, and evaluation or procurement or production related thereto, $o,0(X),000.

425

Sanguine project, restriction.

Emergency fund.

TITLE III—RESERVE FORCES SEC. 301. For the fiscal year beginning July 1, 1971, and endingJune 30, 1972, the Selected Reserve of each Reserve component of the Armed Forces will be programed to attain an average strength of not less than the following: (1) The Army National Guard of the United States, 400,000. (2) The Army Reserve, 260,000. (3) The Xaval Reserve, 129,000. (4) The Marine Corps Reserve, 45,849. (5) The Air National Guard of the United States, 88,191. (6) The Air Force Reserve, 49,634. (7) The Coast Guard Reserve, 15,000. SEC. 302. The average strength prescribed b}' section 301 of this title for the Selected Reserve of any Reserve component shall be proportionately reduced by (1) the total authorized strength of units organized to serA'e as units of the Selected Reserve of such component which are on active duty (other than for training) at any time during the fiscal year, and (2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at any time during the fiscal year. Whenever any such units or such individual members are released from active duty during any fiscal year, the average strength for such fiscal year for the Selected Reserve of such Reserve component shall be proportionately increased by the total authorized strength of such units and by the total number of such individual members. SEC. 303. (a) Section 270(a) of title 10, United States Code, is amended by adding below clause (2) thereof a new sentence as follows: "However, no member who has served on active duty for one year or longer shall be required to perform a period of active duty for training if the first day of such period falls during the last one hundred and twenty days of his required membership in the Ready Reserve." (b) Section 502(a) of title 32, United States Code, is amended by adding below clause (2) thereof a new sentence as follows: "However, no member of such unit who has served on active duty for

Training requirements, exception. 72 Stat. 1438.

70A Stat. 610.

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426

[85 STAT.

one year or longer shall be required to participate in such training if the first day of such training period falls during the last one hundred and twenty days of his required membership in the National Guard." TITLE IV—ANTI-BALLISTIC MISSILE CONSTRUCTION AUTHORIZATION; L I M I T A T I O N S ON D E P L O Y M E N T Safeguard antiballistic missile system.

84 Stat. 1224.

Ante,

p. 394.

Family housing construction, continuation.

Warren and Whiteman A F B, a d v a n c e d preparation.

Grand Forks and Malstrom A F B, continuation.

Repeal.

SEC. 401. (a) Military construction for the Safeguard anti-ballistic missile system is authorized for the Department of the Army as follows: (1) Technical and supporting facilities and acquisition of real estate inside the United States, $98,500,000. (2) Military family housing, four hundred and thirty units, $11,070,000: Malmstrom Safeguard site, Montana, two hundred and fifteen units, Grand Forks Safeguard site. North Dakota, two hundred and fifteen units. (b) There are authorized to be appropriated for the purpose of this section not to exceed $109,570,000, of which not more than $5,200,000 shall be available for community impact assistance as authorized by section 610 of Public Law 91-511. (c) Authorization contained in this section (except subsection (b)) shall be subject to the authorizations and limitations of the Military Construction Authorization Act, 1972, in the same manner as if such authorizations had been included in that Act. SEC. 402. Notwithstanding the repeal provision of section 605(b) of the Act of October 26, 1970, Public Law 91-511 (84 Stat. 1204, 1223), authorizations contained in section 401 of the Act of October 7, 1970, Public Law 91-441 (84 Stat. 905, 909) for the following items which shall remain in effect until fifteen months from the date of this Act and which shall be increased from $8,800,000 to $9,200,000: (a) two hundred family housing units at Malmstrom Safeguard site, Montana. (b) two hundred family housing units at Grand Forks Safeguard site. North Dakota. SEC. 403. (a) None of the funds authorized by this or any other Act may be obligated or expended for the purpose of initiating deployment of an anti-ballistic missile system at any site; except that funds may continue to be obligated or expended for the purpose of advanced pi-eparation (site selection, land acquisition, site survey, and the l^rocurement of long leadtime items) for antiballistic missile system sites at Francis E. Warren Air Force Base, Cheyenne, Wyoming, and Whiteman Air Force Base, Knobnoster, Missouri. Nothing in this section shall be construed as a limitation on the obligation or expenditure of funds in connection with the deployment of an anti-ballistic missile system at Grand Forks Air Force Base, Grand Forks, North Dakota, or Malmstrom Air Force Base, Great Falls, Montana. (b) Section 402 of Public Law 91-441 (84 Stat. 905, 909) is hereby repealed.

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427

r i T L K V—GEXEKAL P E O V r S I O X S Fun, SEC. 501. Subsection (a)(1) of section 401 of Public L<nv 89-367, abilityd sfor a v a i l Vietnaapproved March 15, 1966 (80 Stat. 37), as amended, is hereby amended mese for c e s, 84 Stat. 910. to read as follows: ' ' (a)(1) Xot to exceed $2,500,000,000 of the funds authorized for appropriations for the use of the Armed Forces of the Ignited States under this or any other Act are authorized to be made available for their stated purposes to support: (A) Vietnamese and other free world forces in support of Vietnamese forces, (B) local forces in Laos and Thailand; and for related costs, during the fiscal year 1972 on such terms and conditions as the Secretary of Defense may determine. Xone of the funds appropriated to or for the use of the Armed Forces of the United States may be used for the purpose of paying any overseas allowance, per diem allowance, or any other addition to the regular base pay of any person serving with the free world forces in South Vietnam if the amount of such payment would be greater than the amount of special pay authorized to be paid, for an equivalent period of service, to members of the Armed Forces of the Ignited States (under section 310 of title 37, United States Code) serv- 77 Stat. 216; ing in Vietnam or in any other hostile tire area, except for continuation 79 Stat. 547. of payments of such additions to regular base pay provided in agreements executed prior to July 1, 1970. Xothing in clause (A) of the Cambodia and tirst sentence of this paragraph shall be construed as authorizing L a o s. the use of any such funds to support Vietnamese or other free world forces in actions designed to provide military support and assistance to the Government of C^ambodia or Laos: Provided. That nothing contained in this section shall be construed to prohibit support of actions required to insure the safe and orderly withdrawal or disengagement of Ignited States Forces from Southeast Asia, or to aid in the release of Americans held as prisoners of war." n s to camSEC. 502. Xo part of the funds appropriated pursuant to this Act p uF u s d barring se may be used at any institution of higher learning if the Secretary of military r e c r u i t e r s. Defense or his designee determines that at the time of the expenditure prohibition of funds to such institution recruiting personnel of any of the Armed Forces of the United States are being barred by the policy of such institution from the premises of the institution except that this section Exception. shall not apply if the Secretary of Defense or his designee determines that the expenditure is a continuation or a renewal of a previous grant to such institution which is likely to make a significant contribution to the defense effort. The Secretaries of the military departments shall furnish to the Secretary of Defense or his designee within 60 days after the date of enactment of this Act and each January 31st and June 30th thereafter the names of any institutions of higher learning which the Secretaries determine on such dates are barring such recruiting personnel from the campus of the institution. Strategic SEC. 503. The Strategic and Critical Materials Stock Piling Act (60 _^^_„^ m a tanda l s, critical eri Stat. 596; 50 U.S.C. 98-98h) is amended (1) by redesignating section Tmporrat ion. 10 as section 11, and (2) by inserting after section 9 a new section 10 as follows: "SEC. 10. Xotwithstanding any other provision of law, on and after January 1, 1972, the President may not prohibit or regulate the importation into the Ignited States of any material determined to be strategic and critical pursuant to the provisions of this Act, if such material is the product of any foreign country or area not listed as a Communistdominated country or area in general headnote 3(d) of the Tariff Schedules of the United States (19 U.S.C. 1202), for so long as the ^ 977A Stat, 11; Stat. 1022, importation into the United States of material of that kind which is the product of such Communist-dominated countries or areas is not prohibited by any provision of law."

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 428 C-5A aircraft contingency fund, restrictions and controls.

Defense Department and GAO audits. Report to Congress.

L a o s, fund limitation.

"Value."

PUBLIC LAW 92-156-NOV. 17, 1971

[85 STAT.

SEC. 504. (a) The amount of $325,100,000 authorized to be appropriated by this Act for the development and procurement of the C-5A aircraft may be expended only for the reasonable and allocable direct and indirect costs incurred by the prime contractor under a contract entered into with the United States to carry out the C-5A aircraft program. No part of such amount may be used for— (1) direct costs of any other contract or activity of the prime contractor; (2) profit on any materials, supplies, or services which are sold or transferred between any division, subsidiary, or affiliate of the prime contractor under the common control of the prime contractor and such division, subsidiary, or affiliate; (3) bid and proposal costs, independent research and development costs, and the cost of other similar unsponsored technical elfort; or (4) depreciation and amortization costs on property, plant, or equipment. Any of the costs referred to in the preceding sentence which would otherwise be allocable to any work funded by such $325,100,000 may not be allocated to other portions of the C-5A aircraft contract or to any other contract with the United States, but payments to C-5A aircraft subcontractors shall not be subject to the restriction referred to in such sentence. (b) Any payments from such $325,100,000 shall be made to the prime contractor through a special bank account from which such contractor may withdraw funds only after a request containing a detailed justification of the amount requested has been submitted to and approved by the contracting officer for the United States. All payments made from such special bank account shall be audited by the Defense Contract Audit Agency of the Department of Defense and, on a quarterly basis, by the General Accounting Office. The Comptroller General shall submit to the Congress not more than thirty days after the close of each quarter a report on the audit for such quarter performed by the General Accounting Office pursuant to this subsection. (c) The restrictions and controls provided for in this section with respect to the $325,100,000 referred to in subsections (a) and (b) of this section shall be in addition to such other restrictions and controls as may be prescribed by the Secretary of Defense or the Secretary of the Air Force. SEC. 505. (a) Notwithstanding any other provision of law, no funds authorized to be appropriated by this or any other Act may be expended in any amount in excess of $350,000,000 for the purpose of carrying out directly or indirectly any economic or military assistance, or any operation, project, or program of any kind, or for providing any goods, supplies, materials, equipment, services, personnel, or advisers in, to, for, or on behalf of Laos during the fiscal year ending June 30, 1972. (b) In computing the $350,000,000 limitation on expenditure authority under subsection (a) of this section in fiscal year 1972, there shall be included in the computation the value of any goods, supplies, materials, or equipment provided to, for, or on behalf of Laos in such fiscal year by gift, donation, loan, lease, or otherAvise. For the purpose of this subsection, "value" means the fair market value of any goods, supplies, materials, or equipment provided to, for, or on behalf of Laos, but in no case less than 331^ per centum of the amount the United States paid at the time such goods, supplies, materials, or equipment were acquired by the United States. (c) No additional expenditures in excess of the" limitation prescribed in subsection (a) of this section may be made for any of the purposes described in such subsection in, to, for, or on behalf of

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 85 STAT. ]

PUBLIC LAW 92-156-NOV. 17, 1971

429

Laos in any fiscal year beginning after Jmie 8, 1972, unless such expenditures Inive been specifically authorized by law enacted after the date of enactment of this Act. In no case shall expenditures in any amount in excess of the amount authorized by law for any fiscal year be made for any such purpose during such fiscal year. (d) The provisions of subsections (a) and (c) of this section shall not apply with respect to the expenditure of funds to carry out combat air operations in or over Laos by Ignited States military forces. (e) After the date of enactment of this Act, whenever any request ^f^^^"*"*'° *^°"' is made to the Congress for the appropriation of funds for use in, for, or on behalf of Laos for any fiscal year, the President shall furnish a written report to the Congress explaining the purposes for which such funds are to be used in such fiscal year. (f) The President shall submit to the Congress within thirty days ^^^^°''^'° *^°"" after the end of each quarter of each fiscal year, beginning with the fiscal year which begins July 1, 1971, a written report showing the total amount of expenditures in, for, or on behalf of Laos during the preceding quarter by the Ignited States Government, and shall include in such report a general breakdoM-n of the total amount expended, describing the different purposes for which such funds were expended and the total amount expended for such purposes, except that in the case of the first two quarters of the fiscal year beginning July 1, 1971, a single report may be submitted for both such quarters and such report may be computed on the basis of the most accurate estimates the Secretary of Defense can make taking into consideration all information available to him. SEC. 506. (a) Beginning with the calendar year 1972, the Secretary Report to conof Defense shall submit to the Congress each calendar year, at the ^'^^ same time the President submits the Budget to the Congress pursuant to section 201 of the Budget and Accounting Act, 1921, a written report ^^ ^^at. 832; regarding development and procureinent schedules for each weapon 31 USC 11.' system for which fund authorization is required by section 412(b) of Public Law 86-1-49, as amended, and for which any funds for 84^stat'^9'i2°^' I)rocurement are requested in such budget. Beginning with the calendar 10 USC 133 year 1973, there shall be included in the report data on operational note. testing and evaluation for each such weapon system for which funds for procurement are requested (other than funds requested only for the procurement of units for operational testing and evaluation and/or long lead-time items). A weapon system shall also be included in the annual report required under this subsection in each year thereafter until procurement of such system has been completed or terminated, or until the Secretary of Defense certifies in writing that such inclusion would not serve any useful purpose and gives his reasons therefor. (b) A supplemental report shall be submitted to the Congress by the ^J^^f""^ *° *-^°"" Secretary of Defense not less than thirty nor more than sixty days g r e s s. before the awarding of any contract or the exercising of any option in a contract for the procurement of any such weapon system (other than procurement of units for operational testing and evaluation and/or long lead-time items) unless (1) the contractor or contractors for that system have not yet been selected, and the Secretary of Defense determines that the submission of such repoii would adversely affect the source selection process and notifies the Congress in writing, prior to such award, of such determination, stating his reasons therefor, or (2) the Secretary of Defense detennines that the submission of such report would otherwise adversely affect the vital security interests of the United States and notifies the Congress in writing of such determination at least 80 days prior to such award, stating his reasons therefor.

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PUBLIC LAW 92-156-NOV. 17, 1971

[85 STAT.

(c) Any report re(iuired to be submitted under subsection (a) or (b) of this section, as the case may be, shall include detailed and summarized information with respect to each weapon system covered by such report, and shall specifically include, but shall not be limited to— (1) the development schedule, includinj^ estimated annual costs until development is completed; (2) the planned procurement schedule, including- the best estimate of the Secretary of Defense of the annual costs and units to be procured until procurement is completed; (3) to the extent required by the second sentence of subsection (a) of this section, the results of all operational testing and evaluation up to the time of the submission of the report, or, if operational testing and evaluation has not been conducted, a statement of the reasons therefor and the results of such other testing and evaluation as has been conducted. (cl) In the case of any weapon system for which procurement funds have not been previously requested and for which funds are first requested by the President in any fiscal year after the Budget for such fiscal year has been submitted to the Congress, the same reporting requirements shall be applicable to such system in the same manner and to the same extent as if funds had been requested for such system in such Budget. TITLE VI — TERMINATION OF H O S T I L I T I E S IN INDOCHINA SEC. 601. (a) I t is hereby declared to be the policy of the Ignited States to terminate at the earliest practicable date all military operations of the United States in Indochina, and to 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 aboveexpressed policy by initiating immediately the following actions: (1) Establishing a final date for the withdrawal from Indochina of all military forces of the United States contingent upon the release of all American prisoners of war held by the Government of North Vietnam and forces allied with such (lovernment and an accounting for all Americans missing in action who have been held by or known to such Government or such forces. (2) Negotiate with the Government of North Vietnam for an immediate cease-fire by all parties to the hostilities in Indochina. (3) Negotiate w4th 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 in exchange for 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 by the President pursuant to paragraph (1) hereof or by such earlier date as may be agreed upon by the negotiating parties. Approved November 17, 1971.

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 85 STAT. ]

PUBLIC LAW 92-157-NOV. 18, 1971

431

Public Law 92-157 AN ACT

To amend title VII of the Public Health Service Act to provide increased manpower for the health professions, and for other purposes. Be it enacted by the Senate and Houm of Representatives of the United States of America in Congress assembled. TITLE I—AMENDMENTS TO TITLE VII O F THE HEALTH SERVICE ACT

November 18, 1971

[H. R. 8629]

Health profes-

sions. Manpower trainPUBLIC-X ing.

SHORT TITLE; R E F E R E N C E S TO ACT

SEC. 101. (a) This title may be cited as the "Comprehensive Health Manpower Training Act of 1971". (b) Whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of. a section or other provision, the reference shall be considered to be made to a section or other provision of the Public Health Service Act.

citation of tuie.

ss Stat. 68 2. 42 USC 201 note,

(JRANTS A N D LOAN GUARANTEES FOR CONSTRUCTION OF T E A C H I N G F A C I L I T I E S FOR MEDICAL, D E N T A L, A N D OTHER HEAL'ITI PROFESSIONS P E R S O N N E L; E X T E N S I O N OF PART A

102. (a) AUTHORIZATION LEVEL.—Section 720 (42 I^S.C. 293) Jl^H^';,^^^^' 82 Stat. 7 7 3. is amended to read as follows: SEC.

"AUTHORIZATION

OF APPROPRIATIONS

"SEC. 720. (a) There are authorized to be appropriated $225,000,000 for the fiscal year ending June 30, 1972, $250,000,000 for the fiscal year ending June 30, 1973, and $275,000,000 for the fiscal year ending June 30, 1974, for grants under part A of this title for construction of Jiealth research lacilities and tor grants to assist in the construction 01 teaching facilities for the training of physicians, dentists, pharmacists, optometrists, podiatrists, veterinarians, and professional public health personnel." (b)

FEDERAL S H A R E. —

(1) Clause (A) of section 722(a)(1) (42 U.S.C. 293b(a)(1)) is amended (A) by inserting " (i) " immediately before "for a project", (B) by striking out "and in the case of a grant" and inserting in lieu thereof " ( i i) ", (C) by inserting "and (iii) for a project for major remodeling or renovation of an existing facility where such project is required to meet an increase in student enrollment," immediately before "such amount", and (D) by striking out "66% per centum" and inserting in lieu thereof "80 per centum". (2) Clause (B) of such section is amended (A) by striking out "66% per centum" and inserting in lieu thereof "80 per centum", (B) by striking out "50 per centum" and inserting in lieu thereof "70 per centum", and (C) by inserting after "unusual circumstances" the following: "(such as a school located in a geographical area of the United States with a critical shortage of health profession manpower)". (c)

^o stat, 717

77 Stat. 164. 42 USC 292,

FACILITIES INCLUDED.—

(1) Section 724(1)(A) (42 U.S.C. 2 9 3 d (l)(A)) is amended by inserting "the acquisition," before "remodeling". (2) Section 724 is amended by striking out paragraph (5) and inserting in lieu thereof the following:

77 Stat. 168

82 s t a t. 7 7 3.

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 432

"Teaching

fa -i"'^""^'

" ijsc ^^^d

7jStat. 168;

PUBLIC LAW 92-157-NOV. 18, 1971

[85 STAT.

"(5) x h e term 'teaching facilities' means areas dedicated for use by students, faculty, or administrative or maintenance personnel for clinical purposes, research activities, libraries, classrooms, offices, auditoriums, dining areas, student activities, or other related purposes necessary for, and appropriate to, the conduct of comprehensive programs of education. Such term includes interim facilities but does not include off-site improvements or living quarters. "(^) '^^^ term 'interim facilities' means teaching facilities designed to provide teaching space on a short-term (less than ten years) basis while facilities of a more permanent nature are being planned and constructed." ^^) Section 724(4) is amended (A) by striking out "doctor of pharmacy" and inserting "an equivalent degree", and (B) by striking out "doctor of surgical chiropody" and inserting in lieu thereof "an equivalent degree". (4) Section 724 is further amended by striking out the semicolo]i at the end of paragraphs (1) and (2) and inserting in lieu thereof a period and by striking out "; and" at the end of paragraph (4) and inserting in lieu thereof a period. (5) Section 723 (42 U.S.C. 298c) is amended by inserting "(or in the case of interim facilities, within such shorter period as the Secretary shall by regulation prescribe)" immediately after "twenty years". (d) LOAN

GUARANTEES AND INTEREST

SUBSIDIES.—Part

B

is

amended by adding after section 728 (42 U.S.C. 293h) the following new section: "LOAN GUARANTEES AND INTEREST SUBSIDIES

Application.

"SEC. 72;9'. (a) To assist nonprofit private entities to carry out approved construction projects for teaching facilities, the Secretary may, during the period beginning July 1, 1971, and ending with the close of June 30, 1974, guarantee (in accordance with this section and subject to subsection (f)) to any non-Federal lender which makes a loan to such an entity for such a project payment when due of the principal of and interest on such loan if such entity is eligible (as determined under regulations of the Secretary) for a grant under this part for such project. The Secretary may make commitments, on behalf of the United States, to make such loan guarantees prior to the making of such loans. No such loan guarantee (1) may, except under such special circumstances and under such conditions as are prescribed by regulations, apply to any amount which, when added to any grant under this part or any other law of the United States, exceeds 90 per centum of the cost of construction of the project, or (2) may apply to more than 90 per centum of the loss of principal of and interest on the loan. " (b) I n the case of any nonprofit private entity which is eligible (as determined under regulations of the Secretary) for a grant under this part to assist it in carrying out an approved construction project for teaching facilities after June 30, 1971, and to whom a loan has been made by a non-Federal lender to assist it in carrying out such project, the Secretary, during the period beginning July 1, 1971, and ending with the close of June 30, 1974. may, subject to subsection (f), pay to the holder of such loan (and for and on behalf of the entity which received such loan) amounts sufficient to reduce by not to exceed 3 per centum per annum the net effective interest rate otherwise payable on such loan. "(^^ j ^ l^r^j^ guarantee or interest subsidy payment may be made under this section only upon an application (submitted in such manner

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 85 STAT. ]

PUBLIC LAW 92-157-NOV. 18, 1971

and containing such information as the Secretary may by regulations require) approved by the Secretary. The Secretary may not approve an application for a loan guarantee or interest subsidy payment unless he determines that the terms, conditions, security (if any), and schedule and amount of repayments with respect to the loan are sufficient to protect the financial interests of the United States and are otherwise reasonable, including a determination that the rate of interest does not exceed such per centum per annum on the principal obligation outstanding as the Secretary determines to be reasonable, taking into account the range of interest rates prevailing in the private market for similar loans and the risks assumed by the United States. The Secretary may not approve an application for a loan guarantee, unless he determines that the loan would not be available on reasonable terms and conditions without the guarantee under this section. " (d)(1) The United States shall be entitled to recover from the applicant for a loan guarantee under this section the amount of any payment made pursuant to such guarantee, unless the Secretary for good cause waives such right of recovery; and, upon making any such payment, the United States shall be subrogated to all of the rights of the recipient of the payments with respect to which the guarantee was made. "(2) To the extent permitted by paragraph (3), any terms and conditions applicable to a loan guarantee under this section may be modified by the Secretary to the extent he determines it to be consistent with the financial interest of the United States. "(3) Any loan guarantee made by the Secretary pursuant to this section shall be incontestable in the hands of an applicant on whose behalf such guarantee is made, and as to any person who makes or contracts to make a loan to such applicant in reliance thereon, except for fraud or misrepresentation on the part of such applicant or such other person. " (e) There is established in the Treasury a loan guarantee and interest subsidy fund (hereinafter in this subsection referred to as the 'fund') which shall be available to the Secretary without fiscal year limitation, in such amounts as may be specified from time to time in appropriation Acts, (1) to enable him to discharge his responsibilities under guarantees issued by him under this section, and (2) for interest subsidy payments authorized by this section. There are authorized to be appropriated from time to time such amounts as may be necessary to provide the sums required for the fund; except that the amount appropriated for interest subsidy payments may not exceed $8,000,000 in the fiscal year ending June 30, 1972, $16,000,000 in the fiscal year ending June 30, 1973, and $24,000,000 in the fiscal year ending June 30, 1974. There shall also be deposited in the fund amounts received by the Secretary or other property or assets derived by him from his operations under this section, including any money derived from the sale of assets. If at any time the sums in the fund are insufficient to enable the Secretary to discharge his responsibilities under guarantees issued by him under this section or to make interest subsidy payments authorized by this section, he is authorized to issue to the Secretary of the Treasury notes or other obligations in such forms and denominations, bearing such maturities, and subject to such terms and conditions, as may be prescribed by the Secretary with the approval of the Secretary of the Treasury, but only in such amounts as may be specified from time to time in appropriation Acts. Such notes or other obligations shall bear interest at a rate determined by the Secretary of the Treasury, taking into consideration the current average market 3'ield on outstanding marketable obligations of the United States of comparable maturities during the month preceding the issuance of Ihe notes or other obligations. The Secretary of the Treasury shall

433

Recovery right,

^""'^'

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 434

40 Stat. 288, 506. 31 USC 774.

Limitations,

Ante, p. 4 3 1. Administrative assistance.

PUBLIC LAW 92-157-NOV. 18, 1971

purchase any notes and other obligations issued hereunder and for that purpose he may tise as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act, and the purposes for which the securities may be issued under that Act are extended to include any purchase of such notes and obligations. The Secretary of the Treasury may at any time sell any of the notes or other obligations acquired by him under this subsection. All redemptions, purchases, and sales by the Secretary of the Treasury of such notes or other obligations shall be treated as public debt transactions of the United States. Sums borrowed under this subsection shall be deposited in the fund and redemption of such notes and obligations shall be made by the Secretary from the fund. " (f)(1) The cumulative total of the principal of the loans outstanding at any time with respect to which guarantees have been issued under this section may not exceed such limitations as may be specified in appropriation Acts. "(2) I n any fiscal year no loan guarantee may be made under subsection (a) and no agreement to make interest subsidy payments may be entered into under subsection (b) if the making of such guarantee or the entering into of such agreement would cause the cumulative total of— " (A) the principal of the loans guaranteed under subsection (a) in such fiscal year, and " (B) the principal of the loans for which no guarantee has been made under subsection (a) and with respect to which an agreement to make interest subsidy payments is entered into under subsection (b) in such fiscal year, to exceed the amount of grant funds obligated under this part in such fiscal year; except that this paragraph shall not apply if the amount of grant funds obligated under this part in such fiscal year equals the sums appi-opriated for such fiscal year under section 720. " (g) The Secretary, with the consent of the Secretary of Housing and Urban Development, may obtain from the Department of Housing and Urban Development such assistance with respect to the administration of this section as will promote efficiency and economy thereof." (e)

77 Stat. 165.

SPECIAL CONSIDERATION FOR CERTAIN PROJECTS.—Section U.S.C. 293a) is amended by adding at the end thereof

721

(42 the following: "(e) In the case of applications to aid in the construction of new schools of medicine, osteopathy, or dentistry, the Secretary shall give special consideration to those applications which contain or are reasonably supported by assurances that, because of the use that will be made of existing facilities (including Federal medical or dental facilities), the school will be able to accelerate the date on which it will begin its teaching program." (f)

79 Stat. 1058.

[85 STAT.

ELIGIBLE APPLICANTS.—

(1) COMBINATIONS.—Section 721(b)(1) (42 U.S.C. 293a(b) (1)) is amended by inserting a comma before "and (B) " and by inserting before the period at the end the following: ", or (C) any combination of schools which are described in clause (A) and which meet the requirements of clause (B) ". (2)

AFFILIATED HOSPITALS AND OUTPATIENT FACILITIES.—

(A) Paragraphs (2) and (3) of section 721(b) (42 U.S.C. 293a(b)) are amended to read as follows: "(2) Notwithstanding paragraph (1), in the case of an affiliated hospital or affiliated outpatient facility, an application which is approved by the school of medicine, osteopathy, or dentistry with which the hospital or outpatient facility is affiliated and which other-

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