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which the Treasury Department determines to be excess to the normal requirements of the United States. SEC. 5. Appropriations made pursuant to authority provided in sections 1, 3, and 4 shall remain available for obligation, for expenditure, or for obligation and expenditure, for such period or periods as may be specified in Acts making such appropriations. SEC. 6. No funds may be transferred from any particular category listed in section 1 to any other category or categories listed in such section if the total of the funds so transferred from that particular category would exceed 10 per centum thereof, and no funds may be transferred to any particular category listed in section 1 from any other category or categories listed in such section if the total of the funds so transferred to that particular category would exceed 10 per centum thereof, unless— (A) a period of thirty legislative days (or forty-five calendar days, when Congress is in adjournment sine die) has passed after the Director or his designee has transmitted to the Speaker of the House of Representatives and the President of the Senate and to the Committee on Science and Astronautics of the House of Representatives and to the Committee on Labor and Public Welfare of the Senate a written report containing a full and complete statement concerning the nature of the transfer and the reason therefor, or (B) each such committee before the expiration of such period has transmitted to the Director written notice to the effect that such committee has no objection to the proposed action. SEC. 7. (a) If an institution of higher education determines, after affording notice and opportunity for hearing to an individual attending, or employed by, such institution, that such individual has been convicted by any court of record of any crime which was committed after the date of enactment of this Act and which involved the use of (or assistance to others in the use of) force, disruption, or the sei-^ure of property under control of any institution of higher education to prevent officials or students in such institution from engaging in their duties or pursuing their studies, and that such crime was of a serious nature and contributed to a substantial disruption of the administration of the institution with respect to which such crime was committed, then the institution which such individual attends, or is employed by, shall deny for a period of two years any further payment to, or for the direct benefit of, such individual under any of the programs specified in subsection (c). If an institution denies an individual assistance under the authority of the preceding sentence of this subsection, then any institution which such individual subsequently attends shall deny for the remainder of the two-year period any further payment to, or for the direct benefit of, such individual under any of the programs specified in subsection (c). (b) If an institution of higher education determines, after affording notice and opportunity for hearing to an individual attending, or employed by, such institution, that such individual has willfully refused to obey a lawful regulation or order of such institution after the date of enactment of this Act, and that such refusal was of a serious nature and contributed to a substantial disruption of the administration of such institution, then such institution shall deny, for a period of two years, any further payment to, or for the direct benefit of, such individual under any of the programs specified in subsection (c). (c) The programs referred to in subsections (a) and (b) are as follows:

527

Transfer of funds, limitation.

Report to Congress.

Payment to convicted criminals., prohibition.

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 528 64 Stat. 149. 42 USC 1861 note. 72 Stat. 1601. 42 USC 1876.

82 Stat. 360. 42 USC 1862.

Short title.

PUBLIC LAW 92-373-AUG. 10, 1972

[86 STAT.

(1) The programs authorized by the National Science Foundation Act of 1950; and (2) The programs authorized under title IX of the National Defense Education Act of 1958 relating to establishing the Science Information Service. (d)(1) Nothing in this Act, or any Act amended by this Act, shall be construed to prohibit any institution of higher education from refusing to award, continue, or extend any financial assistance under any such Act to any individual because of any misconduct which in its judgment bears adversely on his fitness for such assistance. ^2) Nothing in this section shall be construed as limiting or prejudicing the rights and prerogatives of any institution of higher education to institute and carry out an independent, disciplinary proceeding pursuant to existing authority, practice, and law. (3) Nothing in this section shall be construed to limit the freedom of any student to verbal expression of individual views or opinions. SEC. 8. Section 3(a)(1) of the National Science Foundation Act of 1950 is amended— (1) by inserting "and science education programs at all levels" after "scientific research potential"; and (2) by striking out "scientific activities" and inserting in lieu thereof "scientific and educational activities". SEC. 9. This Act may be cited as the "National Science Foundation Authorization Act of 1973". Approved August 10, 1972. Public Law 92-373

August 10, 1972 [S.3463]

U.S. C o u r t s. Congressional Record, copies. 82 Stat. 1256.

AN ACT To amend section 906 of title 44, United States Code, to provide copies of the daily and semimonthly Congressional Record to libraries of certain United States courts.

Be it enacted by the Senate and Home of Re2)rese7itative8 of the United States of America in Congress OHHenibJed, That that clause of section 906 of title 44. United States Code, relating to the furnishing of bound copies of the Congiessional Record to libraries of the United States courts of appeals and certain other courts, is amended by inserting immediately before "one bound copy" the following: "one copy of the daily, one semimonthly copy, and". Approved August 10, 1972. Public Law 92-374

August 10, 1972 [S.2684]

High speed vessels. 49 Stat. 2000, 66 Stat. 7 6 1; 81 Stat. 660. 46 USC 1159.

AN ACT To amend section r>09 of the Merchant Marine Act, 1936, as amended.

Be it enacted by the Senate and Houm of Representatives of the United States of America in Congress assembled, That section 509 of the Merchant Marine Act, 1936, is amended by inserting in the fourth sentence thereof after the words, "oceangoing barge of more than two thousand five hmidred gross tons" a comma and the words, "or in the case of a vessel of more than two thousand five hundred horsepower designed to be capable of sustained speed of not less than forty knots". Approved August 10, 1972. _ ......,,.,,_

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529

Public Law 92-375 AN ACT

August 10, 1972 TH R

T<» amend title 28. United States Code, to authorize the recall of i*etired commissioners of the Ignited States Court of Claims for temix>rar.v assiffiimentis.

•

129791

He 'it enacted by the Seriate and House of Representativen of the Vnited i^tatesi of AmericAi in Congress assembled, That the chapter court of claims, analysis of chapter 51 of title 28, United States Code, is amended by sione«* rec^n.'^' adding thereto the following new catxihline: •"797. Re<'all of retired commissioners."

SEC\ 2. Chapter 51 of title 28, United States Codej is amended by ^4lil\^^29V^' adding thereto the following new section: 28 USC 791. "§ 797. Recall of retired commissioners •'(a) Any commissioner who has retired from regular active service under the Civil Service Retirement Act shall be known and designated l°x^ic%33ret as a senior commissioner and may perform duties as a commissioner seq. when recalled pursuant to subsection (b) of this section. " (b) The United States Court of Claims, whenever it deems such action advisable, may recall any senior commissioner, with the latter's acquiescence, to perform such duties as a commissioner and for such period of time as the court may specify. "'(c) Any senior commissioner performing duties pursuant to this section shall not be counted as a commissioner for purposes of the number of commissioner positions authorized by section 792 of this title. . . . . "' (d) Any senior commissioner, while performing duties pursuant to this section, shall be paid the same allowances for travel and other expenses as a commissioner in active service. H e shall also receive from the Court of Claims supplemental pay in an amount sufficient, when added to his civil service retirement annuity, to equal the salary of a commissioner in active service for the same period or periods of time. Such supplemental pay shall be paid in the same manner as the salary of a commissioner." Approved August 10, 1972. Public Law 92-376 AN ACT To amend section 122 of title 2S of the United States Code to transfer certain counties of the central division of the judicial district of South Dakota.

August 10, 197 2 [ H. R. 6745]

Be it enacted by the Semite and Flouse of Representathes of the United States of Amenca In Congress assembledy That (a) the first tr/c"'^s''DMi?^" sentence of paragraph (2) of section 122 of title 28 of the United "Revision. ' States Code is amended by striking out "Gregory,''. ^2 Stat. 889. (b) The first sentence of paragraph (3) of such section 122 is amended to read as follows: ''The central division comprises the counties of Buffalo, Dewey. Faulk, Gregory, Haakon, Hand, Hughes, Hyde, Jackson, Jerauld, Jones, Lyman, Mellette, Potter, Stanley, Sully, Todd, Tripp, and Ziebach." (c) The first sentence of paragraph (4) of such section 122 is amended by striking out: (1) "Mellette,": (2) "Todd,'"; and (3) "Tripp,". Approved August 10, 1972.
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[86 STAT.

Public Law 92-377 August 10, 1972 [H. R. 5721]

Indians. Confederated T r i b e s of the Warm Springs Reservation, Oreg. Inheritance.

AN ACT Pertaining to the inheritance of enrolled members of the Confederated Tribes of the Warm Springs Reservation of Oregon.

Be it enacted by the Senate and House of Representatives of the United States of America in Conc/ress assembled, SECTION 1. (a) A person who is not an enrolled member of the Confederated Tribes of the Warm Sprinj^s Reservation of Oregon shall not be entitled to receive by devise or inheritance any interest in trust or restricted lands within the W a r m Springs Reservation or within the area ceded by the treaty of June 25, 1855 (12 Stat. Treaties, 37), if, while the decedent's estate is pending before the Examiner of Inheritance, the Confederated Tribes of the W a r m Springs Reservation of Oregon pay to the Secretary of the Interior, on behalf of such person, the fair market value of such interest as determined by the Secretary of the Interior after appraisal. The interest for which payment is made shall be held by the Secretary in trust for the Confederated Tribes of the Warm Springs Reservation of Oregon. (b) On request of the Confederated Tribes of the W a r m Springs Reservation of Oregon the Examiner of Inheritance shall keep an estate pending for not less than two years from the date of decedent's death. (c) When a person who is prohibited by subsection (a) from acquiring any interest by devise or inheritance is a surviving spouse of the decedent, a life estate in one-half of the interest acquired by the Confederated Tribes of the W a r m Springs Reservation of Oregon shall, on the request of such spouse, be reserved for that spouse and the value of such life estate so reserved shall be reflected in the Secretary's appraisal under subsection (a). SEC. 2. The provisions of section 1 of this Act shall apply to all estatfes pending before the Examiner of Inheritance on the date of this Act, and to all future estates, but shall not apply to any estate heretofore closed. Approved August 10, 1972.

Public Law 92-378 August 10, 1972 [H. R. 1682]

Westlands Water District, Calif. Construction c h a r g e s, deferment. 43 USC 3 9 1.

Reassessment.

AN ACT To provide for deferment of construction charges payable by Westlands Water District attributable to lands of the Naval Air Station. Lemoore, California, included in said district, and for other purjwses.

Be it enacted by the Senate and House of Represoitatices of the United States of America in Congress assembled. That construction charges payable by the Westlands Water District to the United States pursuant to contract number 14—06-200-2020A, dated April 1, 1965, or as it may be amended, between the l^'nited States and the district entered into under the Federal reclamation laws, Act of June 17, 1902 (32 Stat. 388), attributable, as determined by the Secretary of the Interior, to lands of the United States Naval Air Station, Lemoore, California, as are included in the Westlands Water District shall be deferred except as hereinafter provided, and no assessments shall be made on behalf of such charges against such lands until the Federal title thereto shall have been extinguished, and such lands become subject to assessment, whereupon such deferred charges shall be repaid by the Westlands Water District in not more than forty years from such date.

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SEC. 2. Lands of the Xaval Air Station, Lemooie, California, irrigable through facilities constructed for the Westlands Water District, when offered for lease for agricultural or grazing purposes, shall be offered competitively on such terms as the Secretary of the Navy, or his designee, determines will provide the highest return to the United States consistent with sound land management practices. Such leases shall provide for payment by the lessees to the Department of the Navy of an amount sufficient to provide repayment to the United States of construction charges attributable to such lands which would be applicable if such lands were not owned by the Federal Government. The proceeds from the leases shall be paid by the Department of the Navy to the Department of the Interior and shall be covered into the reclamation fund and credited to the construction charges attributable to such lands until such construction charges are fully paid. The leases shall also be offered, insofar as practicable, in tracts of 160 irrigable acres each. Direct charges for w'ater shall be paid by lessees to the Westlands Water District and shall be not less than the cost of such water service plus the District's operating and maintenance costs of delivering water. The leases may contain such provisions as to cancellation, use of land, term, and other matters as the Secretary of the Navy may determine are necessary to assure that national defense purposes are served. SEC. 3. No individual lessee shall hold more than one lease, pursuant to this Act, at any given time. Approved August 10, 1972.

531 Leased lands.

Payments credited to outstanding construction charges.

Limitation.

Public Law 92-379 AN ACT August 10, 1972 [H. R.489] To approve an order of the Secretary of the Interior canceling irrigation charges against non-Indian-owned lands under the Modoc Point unit of the Klamath Indian irrigation project, Oregon.

Be it enacted by the SeTiate and House of Representatives of the United States of America in Congress assembled, That, in accordance Kiamath Indian with the Act of June 22, 1936 (49 Stat. 1803; 25 U.S.C. 389-389e), the orl|!"°"'"°'""'' order of the Secretary of the Interior dated December 31, 1968, canceling $76,302.29 of irrigation assessments and costs and any interest and penalties accrued thereon, chargeable against non-Indian-owned lands in the Modoc Point unit of the Klamath Indian irrigation project is hereby approved. Approved August 10, 1972. Public Law 92-380 AN ACT To increase the limit on dues for United States membershij) in the International (.'riminal Police Organization.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of June 10, 1938, as amended (22 U.S.C. 263a), is further amended by deleting "$28,500'- and inserting in lieu thereof "$80,000". SEC. 2. The Secretary of the Treasury is authorized to pay to the International Criminal Police Organization the unpaid balance of the dues for the calendar years 1970 and 1971. There is authorized to be appropriated not to exceed $55,000 t« carry out the provisions of this section. Approved August 10, 1972.

August 10, 1972 [H. R.11350]

International Criminal Police Organization. 81 Stat. 517.

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PUBLIC LAW 92-381-AUG. 14, 1972

[86

STAT.

Public Law 92-381 August 14, 1972 [H. R. 15635]

Juvenile Delinquency P r e v e n tion and Control Act of 1968, amendment. 82 Stat. 462; 85 Stat. 8 4. 42 USC 3801 note. Short title.

AN ACT To assist elementary and secondary schools, community agencies, and other public and nonprotit private agencies to prevent juvenile delinquency, and for other purposes. Be it enacted "by the Senate and House of Representatives of the United States of America in Congress asse7nbted, That the Act entitled, "An Act to assist the courts, correctional systems, community agencies, and primary and secondary public school systems to prevent, treat, and control juvenile delinquency; to support research and training efforts in the prevention, treatment, and control of juvenile delinquency; and for other purposes", approved July 31, 1968, is amended to read as follows: "That this Act may be cited as the 'Juvenile Delinquency Prevention Act'. "FINDINGS AND PURPOSE

"SEC. 2. The Congress finds that delinquency among youths constitutes a national problem which can best be met by providing assistance to and encouraging the coordination of efforts by public and nonprofit private agencies engaged in preventing juvenile deliquency. I t is, therefore, the purpose of this Act to help States and local communities in providing community based preventive services, including diagnosis and treatment, to youths who are in danger of becoming delinquent, to provide assistance in the training of personnel employed or preparing for employment in occupations involving the provision of such services, and to provide technical assistance in such field. "TITLE I—PEEVEXTIVE SERVICES uSTATEMENT OF PURPOSE

"SEC. 101. The purpose of this title is to assist States, local educational agencies, and other public and nonprofit private agencies to establish and carry out community-based programs, including programs in schools, for the prevention of delinquency in youths. GRANTS u,

"SEC. 102. (a) The Secretary is authorized to make grants to, or contracts with, public or nonprofit private agencies to meet all or part of the cost of establishing or operating, including the cost of planning, programs designed to carry out the purposes of this title. " (b)(1) Grants and contracts under this title may b^ made only upon application to the Secretary by a public or nonprofit private agency, which contains or is accompanied by satisfactorv assurances that— " (A) steps have been or will be taken toward the provision, within a reasonable period of time, of a program of coordinated youth services in the area served which will make a substantial contribution toward the prevention of delinquency of youths, including the diagnosis and treatment of youths in danger of becoming delinquent; " (B) such applicant agency will make special efforts to assure that the services provided by the program will be available for youths with the most serious behavioral problems; " (C)(i) such applicant agency (if it is not a local educational agency) has consulted on its application with the local educational agencies and nonprofit private schools in the area to be served

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and has adopted procedures to coordinate its program with related efforts being made by these agencies and schools; "(ii) such applicant agency will provide, to the extent feasible, for coordinating, on a continuing basis, its operations with the operations of other agencies and nonprofit private organizations furnishing welfare, education, health, mental health, recreation, job training, job placement, correction, and other basic services in the community for youths; " (D) such applicant agency will make reasonable efforts to secure or provide any Services which are necessary for diagnosing and treating youths in danger of becoming delinquent and which are not otherwise being provided in the community, or if being provided are not adequate to meet its needs; " (E) maximum use will bs made under the program of other Federal, State, or local resources available for the provision of such services; " (F) local educational agencies and other public and private agencies and organizations providing youth services in the geographic area to be served by the applicant will be consulted in the formulation by the applicant of the program, taking into account the services and expertise of such agencies and organizations, and with a view to adapting such services to the better fulfillment of the purposes of this title; " (G) in developing coordinated youth services, youth and public or private agencies, and organizations providing youth services within the geographic area to be served by the applicant will be given the opportunity to present their views to the applicant with respect to such development; and " (H) the applicant agency will be responsible for organizing, maintaining, and facilitating accessibility to all available youth services. "(2) Such application shall contain such information as may be necessary to carry out the purposes of this title, including— " (A) a description of the services for youths who are in danger of becoming delinquent and which are available in the State or community; " (B) a statement of the method or methods of linking the agencies and organizations, public and private, providing these and other services, including local educational agencies and nonprofit private schools; " (C) the functions and services to be included; " (D) the procedures which will be established for protecting the rights, under Federal, State, and local law, of the recipient of youth services, and for insuring appropriate privacy with respect to records relating to such services, provided to any individual under coordinated youth services developed by the applicant; " (E) the procedures which will be established for evaluation; and " (F) the strategy for phasing out support under this Act and the continuance of a proven program through other means. "USE OF FUNDS

"SEC. 103. (a) Funds paid to any agency (whether directly or through a State agency) under this title may be used for— " (1) meeting the cost of securing or providing services designed to carry out the purposes of this title, but only to the extent and for the period reasonably necessary for the community to provide such services; and

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[86 STAT.

"(2) meeting not to exceed 50 per centum of the cost of construction of community-based special purpose or innovative types of facilities which, in the judgment of the Secretary, are necessary for carrying out the purposes of this title, including communitybased special purpose or innovative (A) halfway houses for youths who because of special behavioral problems have a high risk of becoming delinquent; and (B) small, residential facilities for the diagnosis and treatment of youths who are in danger of becoming delinquent. In developing plans for such facilities, due consideration shall be given to excellence of architecture and design. ''(b) No grant or contract may be made under this title with respect to any coordinated youth service system for a period of time exceeding three years, except that the Secretary may, in any case in which he determines that it would not be feasible for the coordinated youth service system to continue to function unassisted under this title, extend assistance for such additional years as he determines to be necessary. "CONSIDERATIONS FOR APPROVAL OF APPLICATIONS

"SEC. 104. (a) I n determining whether or not to approve applications for grants or contracts under this title, the Secretary shall consider, in the State or community of the applicant— "(1) the relative costs and effectiveness of the program in effectuating the purposes of such title; "(2) the incidence of and rate of increase in youth offenses and juvenile delinquency; " (3) school dropout rates; "(4) the adequacy of existing facilities and services for carrying out the purposes of such title; (5) the extent of comprehensive planning in the community for carrying out the purposes of such title; "(6) youth unemployment rates; "(7) the extent to which proposed programs incorporate new or innovative techniques within the State or community to carry out the purposes of such title; " (8) the extent to which the proposed programs will make effective use of the facilities and services of the appropriate local educational agencies; "(9) the extent to which the proposed programs incorporate participation of the parents of youths who are in danger of becoming delinquent, as well as the participation of other adults who offer guidance or supervision to such youths; and "(10) the extent to which the proposed programs will be coordinated with similar programs assisted under other Federal laws related to the purposes of this title. " (b) The Secretary, in making grants or contrac'^s under this title, shall give priority to applicants serving communities which exhibit to the highest degrees the factors listed in paragraphs (2), (3), and (6) of subsection (a). "TITLE II — T R A IX I N C T "AUTHORIZATION

"SEC. 201. The Secretary is authorized, with the concurrence of the Secretary of Labor, to make grants to, or contracts with, public or nonprofit private agencies for projects for the training of personnel employed in or preparing for employment in fields related to the diagnosis and treatment of youths who are in danger of becoming delinquent, and for the counseling or instruction of parents in the

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improving of parental instruction and supervision of youths who are in danger of becoming delinquent. Such projects shall include special programs which provide youths and adults with training for careei; opportunities, including new types of careers, in such fields. Such projects may include, among other things, development of courses of study and of interrelated curricula in schools, colleges, and universities, establishment of short-term institutes for training at such schools, colleges, and universities, inservice training and traineeships with such stipends, including allowances for travel and subsistence expenses, as the Secretary may determine to be necessary. "RECIPIEXTS AND CONDITIONS OF GRANTS AND CONTRACTS

"SEC. 202. Such grants may be made to and such contracts may be made with any Federal, State, or local public agency or any nonprofit private agency; and to the extent he deems it appropriate, the Secretary shall require the recipient of any such grant or contract to contribute money, facilities, or services for carrying out the projects for which the grant or contract is made. " TITLE III — T E C H N I C A L A S S I S T A N C E AND INFORMATION SERVICES ^'TECHNICAL ASSISTANCE

"SEC. 301. The Secretary is authorized to cooperate with and, either directly or through grants to or contracts with any public agency or nonprofit private agency, render technical assistance to State, local, or other public or private agencies or organizations in matters relating to prevention of delinquency, and to provide short-term training and instruction of a technical nature with respect to such matters. Particular emphasis should be placed on providing technical assistance in the development of juvenile delinquency components or plans under title I. ii

STATE ASSISTANCE TO LOCAL UNITS

"SEC. 302. The Secretary is authorized to make grants to any State agency which is able and willing to provide technical assistance to local public agencies and nonprofit private agencies engaged in or preparing to engage in activities for which aid may be provided under this Act. No such grant may exceed 90 per centum of the cost of the activities of the State agency with respect to which such grant is made. "INFORMATION SERVICES

"SEC. 303. The Secretary shall collect, evaluate, publish, and disseminate information and materials relating to research and programs and projects conducted under this Act, and any other matters relating to prevention or treatment of delinquency, such information and materials to be for the general public and for agencies, organizations, and personnel engaged in programs concerning youths who are delinquent or in danger of becoming delinquent. "TITLE IV—ADMINISTRATION "PAYMENT PROCEDURE

"SEC. 401. Payments of any grant or any contract under this Act may be made (after necessary adjustment on account of previously made overpayments or underpayments) in installments, and m advance or by way of reimbursement, as may be determined by the SecreQ nni n. 73 - 37 O

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[86 STAT.

tary, and shall be made on such conditions as he finds necessary to carry out the purposes for which the grant or contract is made. "APPROPRIATIONS

"SEC. 402. There are authorized to be appropriated for grants and contracts under this Act, to the Department of Health, Education, and Welfare, $75,000,000 a year for the fiscal year 1973 and for the succeeding fiscal year. At least 80 per centum of the amount appropriated for each such fiscal year shall be used for funding programs under title I, of which no more than 10 per centum may be used to meet costs of construction. "SEC. 403. (a) Payments pursuant to grants or contracts made under title I of this Act for any fiscal year with respect to activities in any one State may not exceed 12 per centum of the total of the funds available for such grants or contracts under such title for such fiscal year. " (b) Of the funds available for grants or contracts under title I for any fiscal year— "(1) $25,000 each shall be reserved for the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands; and "(2) $100,000 shall be reserved for each other State; except that, if the Secretary determines, on the basis of the information available to him on the last day of the ninth month of any fiscal year, that any portion of such $25,000 or $100,000 for any State will not be required for such grants or contracts under title I of this Act for such year, such portion shall be available for grants or contracts under such title for such year with respect to activities in any other State (in the case of which such a determination has not been made). "LABOR STANDARDS

49 Stat. 1011. 5 USC app. 72"tau 967?'

"SEC. 404. I t shall be a condition of any grant under this Act which is wholly or partially for construction that all laborers and mechanics employed by contractors oi- subcontractors on such construction shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a— 276a-5). The Secretary of Labor shall have with respect to these labor standards the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 P.R. 36; 64 Stat. 1267) and section 2 of the ^^^^ ^^ ^^^"6 13, 1934, as amended (40 U.S.C. 276c). ••- •

Post, p. 537.

'. •..

,

"EVALUATION

"SEC. 405. (a) The Secretary shall provide for the continuing evaluation of the programs, projects, and other activities under this Act. including their effectiveness in achieving stated goals and their relationship to and impact on related Federal, State, and local activities. This evaluation shall include comparisons with proper control groups composed of persons who have not participated in programs under this Act. The results of such evaluations shall be included in the report required by section 409. " (b) I n addition to funds otherwise available for evaluation, such portion of any appropriation under section 402 as the Secretary may determine, but not exceeding 1 per centum thereof, shall be available for evaluation by the Secretary (directly or by grants or contracts) of the activities for which such appropriation is made.

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537

"JUDICIAL REVIEW

"SEC. 406. I n the case of action taken by the Secretary terminating or refusing to continue financial assistance pursuant to a grant or contract under this Act to a grantee, such grantee may obtain judicial review of such action in accordance with chapter 7 of title 5 of the United States Code.

l°r^'n''Jf^'

" JOINT FUNDING

"Sec. 407. Pursuant to regulations prescribed by the President, where funds are advanced for a single project by more than one Federal agency to an agency assisted under this Act, any one Federal agency may be designated to act for all in administering the funds advanced. In such cases, a single non-Federal share requirement may be established according to the proportion of funds advanced by each Federal agency, and any such agency may waive any technical ^rant or contract requirement (as defined by such regulations) which is mconsistent with the similar requirements of the administering agency or which the administering agency does not impose. ((COORDINATION "SEC. 408. (a) I n the administration of this Act, the Secretary shall limit assistance under this Act to programs and activities which are carried on outside of the juvenile justice system (which encompasses agencies such as the police, the courts, correctional institutions, detention homes, and probation and parole authorities), "(b)(1) There shall be estabished an Interdepartmental Council on njgntai'^co^ncii Juvenile Delinquency (hereinafter referred to as the 'Council') whose juvenile Deiinfunction shall be to coordinate all Federal juvenile delinquency quency, estab•'

^

J

programs. "(2) The Council shall be composed of the Attorney General, the Secretary, or their respective designees, and representatives of such other agencies as the President shall designate. "(3) The Chairman of the Council shall be appointed by the President. "(4) The Council shall meet a minimum of six times per year and the activities of the Council shall be included in the annual report as required by section 409 of this title. "ANNUAL REPORT

"SEC. 409. Not later than one hundred and twenty days after the close of each fiscal year, the Interdepartmental Council, with the appropriate assistance and concurrence of other Federal agencies who are consulted and whose activities are coordinated under section 408 shall prepare and submit to the President for transmittal to the Congress a full and complete report on all Federal activities in the field of juvenile delinquency, youth development, and related fields. Such report shall include, but not be limited to— " (1) planning, program, and project activities conducted under this Act; "(2) the nature and results of technical assistance conducted under title III of this Act; "(3) the number and types of training projects, number of persons trained and in training, and job placement and other followup information on trainees and former trainees assisted under title II of this Act; and " (4) steps taken and mechanisms and methods used to coordinate and avoid duplication of Federal activities in the fields of

lishment.

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.,

[86 STAT.

juvenile delinquency, youth development, and related fields and the effectiveness of such steps, mechanisms, and methods. "GENERAL PROVISIONS

.;.,..,.;. '• >

"SEC. 410. (a) Nothing in this Act shall be construed or applied in such a manner as to infringe upon or usurp the moral and legal rights and responsibilities of parents or guardians with respect to the moral, mental, emotional, or physical developnxent of their children. Xor shall any section of this Act be construed or applied in such a manner as to permit any invasion of privacy otherwise protected by law, or to abridge any legal remedies for any such invasion which is otherwise provided by law. " (b) The Secretary is directed to establish appropriate pi-ocedures to insure that no child shall be the subject of any research or experimentation under this Act other than routine testing and normal program evaluation unless the parent or guardian of such child is informed of such research or experimentation and is given an opportunity as of right to except such child therefrom. "DEFINITIONS

"SEC. 411. For purposes of this Act— "(1) The term 'State'includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands. "(2) The term 'public agency' means a duly elected political body or a subdivision thereof and shall not be construed to include the Office of Economic Opportunity. Such term includes an Indian tribe. " (3) The term 'nonprofit private agency' means any accredited institution of higher education, and any other agency, organization, or institution no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual, or which is owned and operated by one or more such agencies, but only if such agency, organization, or institution was in existence at least two years before the date of an application under this Act. Such term shall not be construed to include the Office of Economic Opportunity. Participation by the Office of Economic Opportunity is expressly prohibited in administering this Act. "(5) The term 'Secretary' means the Secretary of Health, Education, and Welfare. "(6) The term 'construction" includes construction of new buildings and acquisition, expansion, remodeling, and alteration of existing buildings, and initial equipment of any such buildings, or any combination of such activities (including architects' fees but not the cost of acquisition of land for new buildings). For the purposes of this paragraph, the term 'equipment' includes machinery, utilities, and built-in equipment and any necessary enclosures or structures to house them. "(7) The term 'youth services' means services which assist in the prevention of juvenile delinquency, including, but not limited to; individual and group counseling, family counseling, diagnostic services, remedial education, tutoring, alternate schools (institutions which provide education to youths outside the regular or traditional school system), vocational testing and training, job development and placement, emergency shelters, halfway houses, health services, drug \ abuse programs, social, cultural, and recreational activities, the development of paraprofessional or volunteer programs, community awareness programs, foster care and shelter care homes, and community-based treatment facilities or services.

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"(8) The term 'coordinated youth services' means a comprehensive service delivery system, separate from the system of juvenile justice (which encompasses agencies such as the juvenile courts, law enforcement agencies, and detention facilities) for providing youth services to an individual who is in danger of becoming delinauent and to his family in a manner designed to— " (a) facilitate accessibility to and utilization of all appropriate youth services provided within the geographic area served by such system by any public or private agency or organization, which desires to provide such services through such system; " (b) identify the need for youth services not currently provided in the geographic area covered by such system, and, where appropriate, provide such services through such system; "(c) make the most effective use of youth services in meeting the needs of young people who are in danger of becoming delinquent, and their families; " (d) use available resources efficiently and with a minimum of duplication in order to achieve the purposes of this Act; and "(e) identify the types and profiles of individual youths who are to be served by such a comprehensive system. "(9) The term 'local educational agency' means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, township, school district, or other political subdivision of a State, or such combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary or secondary schools." SEC. 2. The title of such Act is amended to read as follows: "An Act to assist elementary and secondary schools, community agencies, and other public and nonprofit private agencies to prevent juvenile delinquency, and for other purposes." SEC. 3. The amendments made by sections 1 and 2 of this Act shall be effective July 1, 1972. Approved August 14, 1972.

539

Effective date.

Public Law 92-382 AN ACT August 14, 1972 [S. 916] l^o include lireflghters within the provisions of section 8336(c) of title 5, United States Code, relating to the retirement of Government employees engaged in' certain hazardous occupations.

Be it enacted by the Seiuvte and House of Representatives of the, United States of America in Congress assembled, That the first sentence of section 8336(c) of title 5, United States Code, is amended by inserting after "United States" the following: "or are primarily to perform work directly connected with the control and extmguishment of fires or the maintenance and use of firefighting apparatus and equipment". Approved August 14, 1972.

Federal firefighters. Early retirement, 80 Stat. 571.

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[86

STAT.

Public Law 92-383 August 14, 1972 [H. R. 15093]

Department of Housing and Urban Development; Space, Science, Veterans, and Certain Other Independent Agenc i e s Appropriation Act, 1973.

AN ACT Making appropriations for the Department of Housing and Urban Development; for space, science, veterans, and certain other independent executive agencies, boards, commissions, corporations, and offices for the fiscal year ending June 30, 1973, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of Housing and Urban Development; for space, science, veterans, and certain other independent executive agencies, boards, commissions, corporations, and offices for the fiscal year ending June 30 1973, and for other purposes, namely: TITLE I

-

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HOUSING PRODUCTION AND MORTCJAGE CREDIT J r

FEDERAL HOUSING ADMINISTRATION RENT S U P P L E M E N T

79 Stat. 451; 84 Stat. 1771.

68 Stat. 6 2 3.

PROGRAM

The limitation otherwise applicable to the maximum payments that may be required in any fiscal year by all contracts entered into under section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s) is increased by $48,000,000: Provided, That no part of the foregoing contract authority shall be used for incurring any obligation in connection with any dwelling unit or project which is not either part of a workable program for community improvement meeting the requirements of section 101(c) of the Housing Act of 1949, as amended (42 U.S.C. 1451(c)), or which is without local official approval for participation in this program. T,-;/ H O M E O W N E R S H I P AND RENTAL HOUSING

82 Stat. 477; 84 Stat. 1770. 82 Stat. 498; 84 Stat. 1775.

ASSISTANCE

The limitation on total payments that may be required in any fiscal year by all contracts entered into under section 235 of the National ilousing Act, as amended (12 U.S.C. 17l5z), is increased by $170,000,000, and the limitation on total payments under those entered into under section 236 of such Act (12 U.S.C. I7l5z-1) is increased by $175,000,000. N O N P R OF I T SPONSOR ASSISTANCE

82 Stat. 490; 84 Stat. 1808.

S^

H

For assistance to nonprofit sponsors of low and moderate income housing, including payment to the low and moderate income sponsor fund, as authorized by sections 106(a) and (b) of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701x), $1,000,000. COLLEGE H O U S I N G

64 Stat. 77; 84 Stat. 1777.

\

_

,

The limitation otherwise applicable to the total payments that may be required in any fiscal year by all contracts entered into under title IV of the Housing Act of 1950, as amended (12 U.S.C. 1749 et seq.), is increased by $5,000,000.

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541

SALARIES AND EXPKNSES, H O U S I N G PRODirCTIOX A X l) ALOKTGACIK CREDIT PROGRAMS

For necessary administrative expenses of housing production and mortgage credit, including functions authorized by title X IV of the Housing and Urban Development Act of 1968 (15 TT.S.C. 1701 et seq.),not otherwise provided for, $15,748,000. sa^tarasS^' ( l O V E R N M E N T N A T I O N A L MORTGAGE AsSOCIA'JTON P A Y M E N T OF PARTICIPATION SALES I N S U F F K ^ I E N C l E S

For the payment of such insufficiencies as may be required by the Government National Mortgage Association, as trustee, on account of outstanding beneficial interests or participations in assets of the Department of Housing and Urban Development (including the Government National Mortgage Association) authorized by the Independent Offices and Department of Housing and Urban Development Appropriation Act, 1968, to be issued pursuant to section 302(c) of 8i Stat. 341. the Federal National Mortgage Association Charter Act, as amended, ^'Jl Stat. soo; il.i r\ A nr. i\.-\n

80 Stat. 164.

Spl9,496,000.

12 USC 1717. HOUSING MANAGEMENT >

HOUSING PAYMENTS

. ai ri,

For the payment of annual contributions to public housing agencies in accordance with section 10 of the United States Housing Act of 1937, as amended (42 U.S.C. 1410); for payments authorized by title g/staJ^nfe^' i V of the Housing Act of 1950, as amended (12 U.S.C. 1749 et seq.); 64 Stat. 77.' for rent supplement payments authorized by section 101 of the Housing and Urban Development Act of 1965, as amended (12 U.S.C. 1701s); and for homeownership and interest reduction payments as ^^ ^*^'- ''si. authorized by sections 235 and 236. of the National Housing Act, as amended (12 U.S.C. I715z, I7l5z-1)' $1,800,000,000. 82 Stat. 477, 1770.

SALARIES AND EXPENSES, HOUSING MANAGEMENT PROGRAMS

For necessary administrative expenses of programs of housing management, not otherwise provided for, $21,000,000: Provided, That administrative expenses in connection with the Revolving fund (liquidating programs) shall be exclusive of expenses necessary in the case of defaulted obligations to protect the interests of the Government.

' " " 1

COMMUNITY PLANNING AND MANAGEMENT COMPREHENSIVE PLANNING GRANTS

For comprehensive planning grants as authorized by section 701 of the Housing Act of 1954, as amended (40 U.S.C. 461), $100,000,000,,fl ^'^'•H^, • "^ -1 ui l.•^ 11 -" ^ ' ' ' 84 Stat. 1780, to remain available until expended. 1804; 85 Stat. 776. COMMUNITY DEVELOPMENT TRAINING AND URBAN FELLOWSHIP PROGRAMS

For matching grants to States for training and related activities, for expenses of providing technical assistance to State and local governmental or public bodies (including studies and publication of information), and for fellowships for city planning and urban studies, as authorized by title VIII of the Housing Act of 1964, as amended (20 Ir.S.C. 801-805; 811), $3,500,000. '

'^'

'

'

,5:.0

83 Stat. 392; 84 Stat. 1809.

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[86 STAT.

X K W COMMUNITY ASSISTANCE OR.VN'J'S

s/staSVyslf' 84 Stat. 1799.

For supplementary grants as authorized by section 412 of the Hous^^S ^^^ Urban Development Act of 1968, as amended (42 U.S.C. 3911), and section 718 of the Housing and Urban Development Act of 1970 (42 U.S.C. 4519), and for special planning assistance grants as authorized by section 720 of the Housing and Urban Development Act of 1970 (42 U.S.C. 4521), $7,500,000, to remain available until expended. SALARIES A N D E X P E N S E S, COMMUNITY P L A N N I N G A N D M A N A G E M E N T PROGRAMS

For necessary administrative expenses of programs of community planning and management, not otherwise provided for, $10,134,000. (^OMMUNiTY

DEVELOPMENT

MODEL C I T I E S PROGRAMS

80 Stat. 1255.

For financial assistance in connection with planning and carrying out comprehensive city demonstration programs, as authorized by title I of the Demonstration Cities and Metropolitan Development Act of 1966, as amended (42 U.S.C. 3301), $500,000,000, to be immediately available and to remain available until June 30, 1974. URBAN RENEWAL

82^stat°*5i8^^' 68*Stat. 629; 84 Stat. 1785.

PROGRAMS

For grants for urban renewal, fiscal year 1973, as an additional amount for urban renewal programs, as authorized by title I of the Housing Act of 1949, as amended (42 U.S.C. 1450 et seq.), and section 314 of the Housing Act of 1954, as amended (42 U.S.C. 1452a), $1,200,000,000, to remain available until expended: Provided, That no part of any appropriation in this Act shall be used for administrative expenses in connection with commitments for grants aggregating more than the total of amounts available in the current year from the amounts authorized for making such commitments through June 30, 1967, plus the additional amounts appropriated therefor. R E H A B I L I T A T I O N LOAN

78 Stat. 790; 82 Stat. 523*

FUND

For the revolving fund established pursuant to section 312 of the Housing Act of 1964, as amended (42 U.S.C. 1452b), $70,000,000, to •

^^

"i

i i

j_'i

i

i

remain available until expended. (iRANTS FOR NEIGHBORHOOD

79 Stat. 4 9 1.

,

FACILITIES

For grants authorized by section 703 of the Housing and Urban Development Act of 1965 (42 U.S.C. 3103), $40,000,000, to be immediately available and to remain available until expended. O P E N SPACE L A N D PROGRAMS

For grants as authorized by title VII of the Housing Act of 1961, 84 Stat. 1781. g g amended (42 U.S.C. 1500-1500e), and the provision of technical ^ assistance to State and local public bodies, $100,000,000, to be immediately available and to remain available until expended: Provided, That no part of this appropriation may be used for financing a grant in excess of 50 per centum of the cost of any activity or project, except that grants made pursuant to section 706 of the Housing Act of 1961, 42 USC 1500C-2. QS amended (42 U.S.C. 1500c), may be made in an amount not to "" exceed 75 per centum.

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PUBLIC LAW 92.383-AUG. 14, 1972

543

SALARIES AND EXPENSES, COMMUNITY DEVELOPMENT PROGRAMS

For necessary administrative expenses of programs of community development, not otherwise provided for, $25,159,000. FEDERAL INSURANCE ADMINISTRATION FLOOD INSURANCE

For necessary administrative expenses, not otherwise provided for, in carrying out the National Flood Insurance Act of 1968, as amended (42 U.S.C. Chap. 50), $10,000,000.

82 Stat. 572. 42 USC 4001 note.

EESEARCH AND TECHNOLOGY RESEARCH AND TECHNOLOGY

For coiiuxdcts, grants and necessary expenses of programs of research and studies relating to housing and urban problems, not otherwise provided for, as authorized by title V of the Housing and Urban Development Act of 1970 (12 U.S.C. 1701z-l et seq.), includ- 84 ing carrying out the functions of the Secretary under section 1(a)(1) (i) of Reorganization Plan No. 2 of 1968, $53,000,000, to remain avail- 82 49 able until June 30, 1974: Provided, That not to exceed $4,000,000 of note the foregoing amount shall be available for administrative expenses.

Stat. 1784. Stat. 1369. u s e 1608

F A I R HOUSING AND EQUAL OPPORTUNITY FAIR H O U S I N G A N D EQUAL OPPORTUNITY

For expenses necessary to carry out the functions of the Secretary pursuant to title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601), section 3 of the Housing and Urban Development Act of 1968 82 Stat. 8i. (12 U.S.C. 1701a), title VI of the Civil Rights Act of 1964 (42 U.S.C. 83 Stat. 395. 2000d), and Executive Orders 11063 (27 Fed. Reg. 11527), 11246, as \l sta^ ™ " amended (30 Fed. Reg. 12319, 32 Fed. Reg. 14303), 11625 (36 Fed. 42 USC 1982 Reg. 19967), and 11478 (34 Fed. Reg. 12985), $9,489,000. "Tsisl%T^^' note. DEPARTMENTAL MANAGEMENT GENERAL DEPARTMENTAL MANAGEMENT

For necessary administrative expenses of the Secretary, not otherwise provided for, in overall program planning and direction in the Department, including not to exceed $2,500 for official reception and representation expenses, $5,529,000. SALARIES AND EXPENSES, OFFICE OF GENERAL COUNSEL

For necessary expenses of the Office of General Counsel, not otherwise provided for, $3,044,000. ADMINISTRATION AND STAFF SERVICES

For administrative expenses necessary in providing general administration and staff services within the Department, not otherwise provided for, $16,475,000. REGIONAL MANAGEMENT AND SERVICES

For necessary administrative expenses, not otherwise provided for, of management and program coordination in the re^gional offices of the Department, $22,991,000.

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PUBLIC LAW 92-383-AUG. 14, 1972 TITLE II '

"^

[86 STAT.

^'

SPACE, SCIENCE, VETERANS, AND CERTAIN OTHER INDEPENDENT AGENCIES EXECUTIVE OFFICE OF THE PRESIDENT NATIONAL AERONAUTICS AND SPACE (JorNciii SALARIES A N D EXPENSES

75ltlt^46^^'' 84 Stat! 855.

For expenses necessary for the National Aeronautics and Space Council, established by section 201 of the National Aeronautics and Spac^ ^ c * o* 1^^^' as amended (42 U.S.C. 2471), and services as authoHzed by 5 U.S.C. 3109, $480,000.

80 Stat. 416. OFFICE OF SCIENCE AND TECHNOLOGY SALARIES A N D EXPENSES

For expenses necessary for the Office of Science and Technology, including services as authorized by 5 U.S.C. 3109, $2,100,000. FEDERAL COMMUNICATIONS COMMISSION ,.,

8?sta\?206?'

SALARIES AND EXPENSES

„

-J

For necessary expenses for the Federal Communications Commission, as authorized by law, including uniforms or allowances therefor, ^ authorized by law (5 U.S.C. 5901-5902); not to exceed $725,000 for land and structures; not to exceed $29,000 for improvement and care of grounds and repairs to buildings; not to exceed $1,500 for official reception and representation expenses; special counsel fees; and services as authorized by 5 U.S.C. 3109; $34,173,000: Provided, That not to exceed $500,000 of the foregoing amount shall remain available until June 30, 1974, for research and policy studies. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION R E S E A R C H AND DEVELOPMENT

For necessary expenses, not otherwise provided for, including research, development, operations, services, minor construction, maintenance, repair, rehabilitation and modification of real and personal property; and purchase, hire, maintenance, and operation of other than administrative aircraft, necessary for the conduct and support of aeronautical and space research and development activities of the National Aeronautics and Space Administration, $2,600,900,000, of which $24,000,000 shall be available onl^j^ for aeronautical research in the fields of noise abatement and aviation safety, t<) remain available until expended. CONSTRUCTION OF FACILITIES

For advance planning, design, rehabilitation, modification and construction of facilities for the National Aeronautics and Space Administration, and for the acquisition or condemnation of real property, as authorized by law, $77,300,000, including (1) $1,065,000 for rehabilitation and modification of aeronautical, airborne science and support facilities, Ames Research Center; (2) $760,000 for rehabilitation of unitary plan wind tunnel model siipports, control systems and model preparation areas, Ames Research Center; (3) $590,000 for

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rehabilitation and modification of utility systems, Goddard Space Flight Center; (4) $610,000 for rehabilitation and modification of roadway system, Jet Propulsion Laboratory; (5) $8,100,000 for modifications of, and additions to, spacecraft assembly facilities, Kennedy Space Center; (6) $2,040,000 for modification of Titan Centaur facilities, Kennedy Space Center; (7) $2,465,000 for rehabilitation of full scale wind tunnel, Langley Research Center; (8) $1,175,000 for modification of central air supply system, Langley Research Center; (9) $650,000 for environmental modifications for utility operations, Langley Research Center; (10) $9,710,000 for modification of high temperature and high pressure turbine and combustor research facility, Lewis Research Center; (11) $585,000 for modification of fire protection system. Manned Spacecraft Center; (12) $350,000 for warehouse replacement. Wallops Station; (13) $6,800,000 for modification of altitude test facilities, Arnold Engineering Development Center; (14) $1,160,000 for rehabilitation of propellant and high pressure gaseous systems, Mississippi Test Facility; (15) $1,635,000 for modification of entry structures facility, Langley Research Center; (16) $2,545,000 for addition for systems integration and mockup laboratory. Manned Spacecraft Center; (17) $2,770,000 for modification of vibration and acoustic test facility. Manned Spacecraft Center; (18) $4,700,000 for modification of structures and mechanics laboratory, Marshall Space Flight Center; (19) $320,000 for addition for electrical power laboratory, Marshall Space Flight Center; (20) $2,430,000 for modification of acoustic model engine test facility, Marshall Space Flight Center; (21) $5,540,000 for modification of manufacturing and final assembly facilities at u n d e s i ^ a t e d locations; (22) $11,580,000 for minor rehabilitation and modification of facilities at various locations; (23) $1,720,000 for minor construction of new facilities and additions to existing facilities at various locations; (24) $8,000,000 for facility planning and design not otherwise provided for; to remain available for obligation until June 30. 1975. RESEARCH A N D PROGRAM

545 ,._

...

MANAGEMENT

For necessary expenses of research in Government laboratories, management of programs and other activities of the National Aeronautics and Space Administration, not otherwise provided for, including uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901-5902); awards; purchase (not to exceed one for replacement so Stat. sos; only), hire, maintenance and operation of administrative aircraft; ^i Stat. 206. purchase (not to exceed twenty-seven for replacement only) and hire of passenger motor vehicles; and maintenance and repair of real and personal property, and not in excess of $10,000 per proiect for construction of new facilities and additions to existing facilities, and not in excess of $25,000 per project for rehabilitation and modification of facilities; $729,450,000 -.Provided, That contracts may be entered into under this appropriation for maintenance and operation of facilities, and for other services, to be provided during the next fiscal year: Provided further, That not to exceed $35,000 of the foregoing amount shall be available for scientific consultations or extraordinary expense, to be expended upon the approval or authority of the Administrator and his determination shall be final and conclusive. NATIONAL SCIENCE FOUNDATION SALARIES AND EXPENSES

For expenses necessary to carry out the purposes of the National Science Fomidation Act of 1950, as amended (42 IT.S.C 1861-1875), title IX of the National Defense Education Act of 1958 (42 U.S.C.

^4 Stat. 149.

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fee

STAT.

73 till' ^^V' tat. 431. 80 Stat. 416.

1876-1879), and the Act to establish a National Medal of Science (42 U.S.C. 1880-1881), including award of graduate fellowships; services j^g authorized by 5 U.S.C. 3109; maintenance and operation of aircraft and purchase of flight services for research support; hire of passenger motor vehicles; not to exceed $5,000 for official reception and representation expenses; not to exceed $28,900,000 for program development and management; uniforms or allowances therefor, as authorized 8i^stat^2*o6°^' by law (5 U.S.C. 5901-5902); rental of conference rooms in the District of Columbia; and reimbursement of the General Services Administration for security guard services; $619,000,000, to remain available until expended: Provided, That of the foregoing amount not less than $23,300,000 shall be available for tuition, grants, and allowances in connection with a program of summer institutes and other programs of supplementary training for secondary school science and mathematics teachers; not less than $18,000,000 shall be used only for Institutional Improvement for Science, including $4,000,000 for institutional grants for research management improvement; not less than $71,000,000 shall be used only for Science Education Improvement; and not less than $20,000,000 shall be used only for Graduate Student Support: Provided further, That receipts for scientific support services and materials furnished by the National Research Centers Funds to campus jjiay be Credited to this appropriation: Provided further, That if an hibitk)n."' ^'^°" institution of higher education receiving funds hereunder determines after affording notice and opportunity for hearing to an individual attending, or employed by, such institution, that such individual has. after the date of enactment of this Act, willfully refused to obey a lawful regulation or order of such institution and that such refusal was of a serious nature and contributed to the disruption of the administration of such institution, then the institution shall deny any further payment to, or for the benefit of, such individual: Provided further. That the $9,500,000 heretofore appropriated in fiscal year 1971 and allocated for first-year graduate traineeships, and $21,000,000 of the amount heretofore appropriated in fiscal year 1972 and allocated for Science Education Support ($16,000,000) and Institutional Improvement for Science ($5,000,000), shall be available for the general purposes of this appropriation. SCIENTIFIC ACTIVITIES (SPECIAL FOREIGN CURRENCY PROGRAM)

For payments in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States, for scientific activities, as authorized by law, $7,000,000, to remain available until June 30, 1974: Provided, That this appropriation shall be available in addition to other appropriations to the National Science Foundation, for payments in the foregoing currencies. RENEGOTIATION BOARD SALARIES AND EXPENSES

For necessary expenses of the Renegotiation Board, including hire of passenger motor vehicles, services as authorized by 5 U.S.C. 3109, $4,900,000. SECURITIES AND EXCHANGE COMMISSION SALARIES AND EXPENSES

For necessary expenses for the Securities and Exchange Commission, including services as authorized by 5 U.S.C. 3109, $29,761,000.

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PUBLIC LAW 92-383-AUG. 14, 19.72

547

SELECTIVE SERVICE SYSTEAL SALARIES AND EXPENSES

For expenses necessary for the Selective Service System, including expenses of attendance at meetings and of training for uniformed personnel assigned to the Selective Service System, as authorized by law (5 U.S.C. 4101-4118) for civilian employees; and expenses of the National Selective Service Appeal Board; and not to exceed $1,000 for official reception and representation expenses; $83,500,000: Provided, That during the current fiscal year, the President may exempt this appropriation from the provisions of subsection (c) of section 3679 of the Revised Statutes, as amended, whenever he deems such action to be necessary in the interest of national defense.

80 Stat. 432.

31 USC 665.

VETERANS ADMINISTRATION COMPENSATION AND PENSIONS

^ ^

For the payment of compensation, pensions, gratuities, and allowances, including burial awards, burial flags, subsistence allowances for vocational rehabilitation, emergency and other officers' retirement pay, adjusted-service credits and certificates, as authorized by law; and for payment of amounts of compromises or settlements under 28 U.S.C. 2677 of tort claims potentially subject to the offset provisions of 38 U.S.C. 351, $6,448,000,000, to remain available until expended.

so Stat. 307 72 Stat. 1124, 76 Stat. 950; 83 Stat. 33.

READJUSTMENT BENEFITS

For the payment of readjustment and rehabilitation benefits to or on behalf of veterans as authorized by law (38 U.S.C. chapters 21, 31 (except section 1504), and 33-39), $2,224,400,000, to remain available ^2 Stat. ii67, i.•^ J J until expended.

/•>•*••>

T

1

^

80 Stat. 12; 84 Stat. 1998. 38 USC 801,

VETERANS INSURANCE AND INDEMNITIES

For military and naval insurance, national service life insurance, servicemen's indemnities, and service-disabled veterans insurance, to remain available until expended, $10,400,000, of which $6,000,000 shall be derived from the Veterans Special Life Insurance Fund.

^^°^' ^^°^'

,

,„.,^.

MEDICAL CARE

For expenses necessary for the maintenance and operation of hospitals, nursing homes, and domiciliary facilities; for furnishing, as authorized by law, inpatient and outpatient care and treatment to beneficiaries of the Veterans Administration, including care and treatment in facilities not under the jurisdiction of the Veterans iVdministration, and furnishing recreational facilities, supplies and equipment; maintenance and operation of burial grounds; repairing, altering, improving or providing facilities in the several hospitals and homes under the jurisdiction of the Veterans Administration, not otherwise provided for, either by contract or by the hire of temporary employees and purchase of materials; uniforms or allowance therefor as authorized by law (5 U.S.C. 5901-5902); and aid to State homes 8° Stat. 508; as authorized by law (38 U.S.C. 641); $2,606,153,000, plus reim- ^^sfstktVsie. bursements: Provided, That the foregoing appropriation shall not be used to provide for less than an average of 98,500 operating beds, nor to furnish inpatient care and treatment to an average daily patient load of less than 85,500 beneficiaries, nor to provide an

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•'

[86 STAT.

average staft'/patient ratio of less than 1.49 to 1 in all Veterans Administration hospitals during the fiscal year 1973: Provided further, That allotments and transfers may be made from this appropriation to the Public Health Service of the Department of Health, Education, and Welfare, and the Army, Navy, and Air Force of the Department of Defense, for disbursements by them under the - ' f < various headings of their applicable appropriations, of such amounts as are necessary for the care and treatment of beneficiaries of the Veterans Administration. MEDICAL A N D P R O S THE T I C RESEARCH

For expenses necessary for carrying out programs of medical and prosthetic research and development, as authorized by law, to remain available until expended, $76,818,000, plus reimbursements. MEDICAL ADMINISTRATION A N D M I S C E L L A N E O U S OPERATING E X P E N S E S

^\?^^\nr^'' c c*»* 170

85 Stat. 178.

For expenses necessary for administration of the medical, hospital, domiciliary, construction and supply, research, employee education and training activities, as authorized by law, and for carrying out the provisions of section 5055, title 38, United States Code, relating to pilot programs and grants for exchange of medical information, $28,737,000. GENERAL OPERATING

EXPENSES

For necessary operating expenses of the Veterans Administration, not otherwise provided for, including uniforms or allowances therefor, as authorized by law; not to exceed $2,500 for official reception and representation expenses; purchase of one passenger motor vehicle (medium sedan for replacement only) and hire of passenger motor vehicles; and reimbursement of the General Services Administration for security guard services; $320,821,000. GONSTRTICTION, M A J O R

72 Stat. 1251; 80 Stat. 1372.

PROJECTS

For constructing, altering, extending and improving any of the facilities under the jurisdiction or for the use of the Veterans Administration, or for any of the purposes set forth in sections 5001, 5002 and 5004 of title 38, United States Code, including planning, architectural and engineering services, and site acquisition, where the estimated cost of a project is $1,000,000 or more, $125,993,000, to remain available until expended: Provided, That none of these funds shall be used for any project which has not been considered and approved by the Congress in the budgetary process. CJONSTRUCTION, M I N O R P R O J E C T S

^. loi i. • '

For constructing, altering, extending, and improving any of the facilities under the jurisdiction or for the use of the Veterans Administration, including planning, architectural and engineering services, and site acquistion, or for any of the purposes set forth in sections 5001, 6002 and 5004 of title 38, United States Code, where the estimated cost of a project is less than $1,000,000, and for necessary expenses of the Office of Construction, $55,000,000, to remain available until expended: Provided, That funds appropriated under this head shall be available for contributions to local authorities toward, or for the construction of, necessary safety traffic controls adjacent to Veterans Administration hospitals. , „, ^,.^.,,._..,..,,-,,,,,, ^, .,,.,.; t^T^v, •<,.-,-

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Page:United States Statutes at Large Volume 86.djvu/591

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549

GILYNTS FOR CONSTRUCTION OF STATE EXTENDKI) CAKE FACII^ITIES

For grants to assist the several States to construct State nursing home facilities and to remodel, modify or alter existing hospital and domiciliary facilities in State homes, for furnishing care to veterans, as authorized by law (38 U.S.C. 644 and 5031-5037), $6,000,000, to y/ltfjf^go'i^^' remain available until June 30, 1975. GRANTS TO THE REPUBLIC OF THE r i l l H r i ' l N E X

For payment to the Republic of the Philippines of grants, as authorized by law (38 U.S.C. 631-634), $2,000,000.

72 Stat. 1145; 80 Stat. 859.

P A Y M E N T OF PARTICIPATION SALES INSUFFICIENCIES

For the payment of such insufficiencies as may be required by the Government National Mortgage Association, as trustee, on account of outstanding beneficial interests or participations in Direct loan revolving fund assets or Loan guaranty revolving fund assets, authorized by the Independent Offices and Department of Housing and Urban Development Appropriation Act, 1968, to be issued pursuant ^^ ^**'*' ^52. to section 302(c) of the Federal National Mortgage Association Charter Act, as amended (12 U.S.C. 1717(c)), $5,000,000. 8oltl!!V64^°' LOAN GUARANTY REVOLVING F U N D

During the current fiscal year, the Loan guaranty revolving fund shall be available for expenses, but not to exceed $375,000,000, for property acquisitions and other loan guaranty and insurance operations under Chapter 37, title 38, United States Code, except admin- gj'statVie^"^' istrative expenses, as authorized by section 1824 of such title: Provided, 84 stat'. isye. That the unobligated balances including retained earnings of the 38 USC isoi. Direct loan revolving fund shall be available, during the current fiscal ^"^ ^*°*' ^^^' year, for transfer to the Loan guaranty revolving fund in such amounts as may be necessary to provide for the timely payment of obligations of such fund and the Administrator of Veterans Affairs shall not be required to pay interest on amounts so transferred after the time of such transfer. t^^V; \!; ADMINISTRATIVE PROVISIONS

Not to exceed 5 per centum of any appropriation for the current Transfer of fiscal year for "Compensation and pensions", "Readjustment bene- ^""'^^• fits", "Veterans insurance and indemnities", "Construction, major projects", and "Construction, minor projects", may be transferred to any other of the mentioned appropriations, but not to exceed 10 per centum of the appropriations so augmented. Appropriations available to the Veterans Administration for the current fiscal year for salaries and expenses shall be available for services as authorized by 5 U.S.C. 3109. so Stat. 4i6. The appropriation available to the Veterans Administration for the current fiscal year for "Medical care" shall be available for funeral, burial, and other expenses incidental thereto (except burial awards authorized by 38 U.S.C. 902), for beneficiaries of the Veterans Admin- 72 Stat. 1169; 80 Stat. 29. istration receiving care under such appropriations. No part of the appropriations in this Act for the Veterans Administration (except the appropriations for "Construction, major projects", and "Construction, minor projects") shall be available for the purchase of any sit-e. for or toward the construction of any new hospital or home.

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 550 Jds"^^*"^ °^

funds.

PUBLIC LAW 92-383-AUG. 14, 1972

[86 STAT.

Amounts received by the Loan guaranty revolving fund as servicing charges for portfolio loans which have been sold, may be transferred to the current appropriation for "General operating expenses" appropriation. No part of the foregoing appropriations shall be available for hospitalization or examination of any persons except beneficiaries entitled under the laws bestowing such benefits to veterans, unless reimbursement of cost is made to the appropriation at such rates as may be fixed by the Administrator of Veterans Affairs. TITLE III CORPORATIONS

31 u*sc*849'

^

—

The following corporations and agencies, respectively, are hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 ^^ ^^® Government Corporation Control Act, as amended, as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for each such corporation or agency except as hereinafter provided: DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT LIMITATION ON ADMINISTRATIVE AND NONADMINISTRATBT. EXPENSES, FEDERAL HOUSING ADMINISTRATION

48 Stat. 1246.

63 Stat. 9 0 5. 12 USC 1702

For administrative expenses in carrying out duties iniposed by or pursuant to law, not to exceed $16,598,000 of the various funds of the Federal Housing Administration shall be available, in accordance ^j^h the National Housing Act, as amended (12 U.S.C. 1701): Provided, That funds shall be available for contract actuarial services (not to exceed $1,500): Provided further, That nonadministrative expenses classified by section 2 of Public Law 887, approved October 25, 1949, shall not exceed $170,586,000. L I M I T A T I O N ON ADMINISTRATIVE E X P E N S E S, ( i O V E R N M E N T N A I TO N A L MORTGAGE ASSOCIATION

Not to exceed $6,000,000 shall be available for administrative expenses, which shall be on an accrual basis, and shall be exclusive of interest paid, expenses (including expenses for fiscal agency services performed on a contract or fee basis) in connection with the issuance and servicing of securities, depreciation, properly capitalized expenditures, fees for servicing mortgages, expenses (including services performed on a force account, contract or fee basis, but not including other personal services) in connection with the acquisition, protection, operation, maintenance, improvement, or disposition of real or personal property belonging to said Association or in which it has an interest, cost of salaries, wages, travel, and other expenses of persons employed outside of the continental United States, and all administrative expenses reimbursable from other Government agencies and from the Federal National Mortgage Association: Provided, That the distribution of administrative expenses to the accounts of the Association shall be made in accordance with generally recognized accounting principles and practices.

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Page:United States Statutes at Large Volume 86.djvu/593

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PUBLIC LAW 92-383-AUG. 14, 1972 FEDERAL HOME ITOAN B A N K

551

BoAHi)

LIMITATION ON ADMINISTRATIVE AND NONADMINISTKATINE EXl'ENSES, FEDERAL H O M E LOAN B A N K BOARD

Not to exceed a total of $8,900,000 shall be available for administrative expenses of the Federal Home I ^ a n Bank Board, which may procure services as authorized by 5 U.S.C. 3109, and contracts for 80 Stat. 4 1 6. such services with one organization may be renewed annually, and uniforms or allowances therefor in accordance with law (5 U. S. C 5901-5902), and said amount shall be derived from funds available so Stat. sos; to the Federal Home I ^ a n Bank Board, including those in the Federal *^ ^*°*" ^°^* Home Loan Bank Board revolving fund and receipts of the Board for the current fiscal year and prior fiscal years, and the Board may utilize and may make payment for services and facilities of the Federal '' - ^ ^ home loan banks, the Federal Keserve banks, the Federal Savings and Jx)an Insurance Corporation, the Federal Home Loan Mortgage Corporation, and other agencies of the Government (including payment - for office space): Provided. That all necessary expenses in connection with the conservatorship or liquidation of institutions insured by the Federal Savings and Loan Insurance Corporation, liquidation or handling of assets of or derived from such insured institutions, payment of insurance, and action for or toward the avoidance, termination, or minimizing of losses in the case of such insured institutions, or activities relating to section 5A(f) or 6(i) of the Federal Home Loan Bank Act, section 5(d) of the Home Owners' Loan Act of 1933, or 82 Stat. 856; section 406(c), 407, or 408 of the National Housing Act and all neces- ^^ |J^J; g^J; sary expenses (including services performed on a contract or fee basis, 12 USC i42Sa, but not including other personal services) in connection with the han- '"^^^jVrsp 1454 dling, including the purchase, sale, and exchange, of securities on 12 USC 1729behalf of Federal home loan banks, and the sale, issuance, and retire- i730a. ment of, or payment of interest on, debentures or bonds, under the Federal Home Loan Bank Act, as amended, shall be considered as nonadministrative expenses for the purposes hereof: Provided further., That members and alternates of the Federal Savings and Loan Advisory Council shall be entitled to reimbursement from the Board as approved by the Board for transportation expenses incurred in attendance at meetings of or concerned with the work of such Council and may be paid not to exceed $25 per diem in lieu of subsistence: Provided further., That expenses of any functions of supervision (except of Federal home loan banks) vested in or exercisable by the Board shall be considered as nonadministrative expenses: Provided further.. That not to exceed $1,000 shall be available for official reception and representation expenses: Provided, further., That, notwith1,-. standing any other provisions of this Act, except for the limitation in amount hereinbefore specified, the administrative expenses and other obligations of the Board shall be incurred, allowed, and paid in accordance with the provisions of the Federal Home Loan Bank Act of eTuly 22, 1932, as amended (12 U.S.C. 1421-1449): Provided further, 47 Stat. 725. That the nonadministrative expenses (except those included in the first proviso hereof) for the supervision and examination of Federal and State chartered institutions (other than special examinations determined by the Board to be necessary) shall not exceed $17,923,000: Provided further. That none of the funds made available for administrative or nonadministrative expenses of the Federal Home T^oan Bank Board in this Act shall be used to finance the relocation of all or any part of the Federal Home T^an Bank from Greensboro, North Carolina, nor for the supervision, direction or operation of any district .'- ' • l)ank for the fourth district other than at such location, unless such '

82-081 O - 73 - 38

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PUBLIC LAW 92-383-AUG. 14, 1972

[86 STAT.

relocation is appi-oved by a plebiscite of the rnembei' associations of the fourth district: And provided further, That no part of the funds made available for administrative or nonadministrative expenses by this Act shall be used in connection with acquisition of land, constructing or leasing new quarters for the Federal Home Tjoan Bank Board. LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL SAVINGS LOAN INSURANCE CORPORATION

48 Stat. 1259; 82 Stat. 29S. 80 Stat. 1036. 82 Stat. 5. 12 USC 17291730a.

48 Stat. 1255; 78 Stat. 805.

AND

Not to exceed $550,000 shall be available for administrative expenses, which shall be on an accrual basis and shall be exclusive of interest paid, depreciation, pjroperly capitalized expenditures, ^expenses in connection with liquidation of insured institutions or activities relating to section 406(c), 407, or 408 of the National Housing Act, liquidation or handling of assets of or derived from insured institutions, payment of insurance, and action for or toward the avoidance, termination, or minimizing of losses in the case of insured institutions, legal fees and expenses and payments for expenses of the Federal Home Loan Bank Board determined by said Board to be properly allocable to said Corporation, and said Corporation may utilize and may make payments for services and facilities of the Federal home loan banks, the Federal Reserve banks, the Federal Home Loan Bank Board, the Federal Home Loan Mortgage Corporation, and other agencies of the Government: Provided, That, notwithstanding any other provisions of this Act, except for the limitation in amount hereinbefore specified, the administrative expenses and other obligations of said Corporation shall be incurred, allowed, and paid in accordance with title IV of the Act of June 27, 1934, as amended (12 tJ.S.C.l724-l730b). TITLE IV GENERAL PROVISIONS

Uniforms, e t c.

80 Stat. 508; 81 Stat. 206. 80 Stat. 416. Legal and banking services.

64 Stat. 873; 84 Stat. 1114.

SEC. 401. Where appropriations in titles I and II of this Act are expendable for travel expenses of employees and no specific limitation has been placed thereon, the expenditures for such travel expenses may not exceed the amounts set forth therefor in the budget estimates submitted for the appropriations: Provided, That this section shall not apply to travel performed by uncompensated officials of local boards and appeal boards of the Selective Service System; to travel performed directly in connection with care and treatment of medical beneficiaries of the Veterans Administration; or to payments to interagency motor pools where separately set forth in the budget schedules. SEC. 402. Appropriations and funds available for the administrative expenses of the Department of Housing and Urban Development and the Selective Service System shall be available in the current fiscal year for purchase of uniforms, or allowances thereof, as a,uthorized Dy law (5 U.S.C. 5901-5902); hire of passenger motor vehicles; and services as authorized by 5 U.S.C. 3109. SEC. 403. Funds made available for the Department of Housing and Urban Development under title III of this Act shall be available, without regard to the limitations on administrative expenses, for legal services on a contract or fee basis^nd for utilizing and maKing payment for services and facilities of Federal National Mortgage Association or Government National Mortgage Association, Federal Reserve banks or any member thereof, Federal home loan banks, and any insured bank within the meaning of the Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811-1831).

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SEC. 404. None of the funds provided in this Act may be used for ^.^^^^g*"*^** payment, through grants or contracts, to recipients that do not share ^'•°^^'' ^' in the cost of conducting research resulting from proposals for projects not specifically solicited by the Government: Provided, That the extent of cost sharing by the recipient shall reflect the mutuality of interest of the grantee or contractor and the Government in the research. SEC. 405. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless Transfer of SEC. 406. The Secretary of Housing and Urban Development is funds. authorized to establish a fund and to transfer to such fund from appropriations or funds available to the Department of Housing and Urban Development, such amounts as may be necessary to provide disaster assistance for which the Secretary has been requested by the Director of the Office of Emergency Preparedness to make resources available pursuant to the authority of the Disaster Relief Act of 1970 (84 Stat. 42 USC 4401 1744). This Act may be cited as the "Department of Housing and Urban note. title. Short Development; Space, Science, Veterans, and Certain Other Independent Agencies Appropriation Act, 1073". Approved August 14, 1972. Public Law 92-384 AN ACT August 14, 1972 To provide for the striking of medals commemorating the one hundred and [s. 2499] seventy-fifth anniversary of the launching of the United States frigate Constellation. Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled, That, in commemora- ,^;,^:/'"^^^*^ ^""' tion of the one hundred and seventy-fifth anniversary of the launching stellation. l'_'.'... Commemorative of the United States frigate Constellation, the Secretary of the Treas- medais. ury shall strike and deliver to the Constellation Committee of the Star Spangled Banner Flag House Association, Incorporated, not more than one hundred thousand medals with suitable emblems, devices, and inscriptions to be determined b j the Secretary after consultation with the committee. The medals, which may be disposed of by the committee at a premium, shall be delivered at such times as may l>e required by the committee in quantities of not less than two thousand, but no medals shall be struck after December 31, 1973. The medals shall be considered to be national medals within the meaning of section 3551 of the Revised Statutes (31 U.S.C. 368). SEC. 2. The Secretary of the Treasury shall cause such medals to be struck and delivered at not less than the estimated cost of manufacture, including labor, materials, dies, use of machinery, and overhead expenses, and security satisfactory to the Director of the Mint shall be furnished to indemnify the United States for the full payment of such costs. SEC. 3. The medals authorized to be struck and delivered under this Act shall be of such size or sizes and of such various metals as shall be determined by the Secretary of the Treasury in consultation with the committee. Approved August 14, 1972.
 * '' > expressly so provided herein.

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Page:United States Statutes at Large Volume 86.djvu/596

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PUBLIC LAW 92-385-AUG. 16, 1972

[86 STAT.

Public Law 92-385 August 16, 1972 [H. R. 15692]

D i s a s t e r relief. Additional assistance; study and report. 72 Stat. 389; 79 Stat. 206.

Maximum interest rate.

Federal s h a r e.

AN ACT To authorize for a limited period additional loan assistance under the Small Business Act for disaster victims, to provide for a study and report to the Congress by the President setting forth recommendations for a compreliensive revision of disaster relief legislation, and for other purposes.

Be it enacted by the SeriMe and House of Representatives of the United States of America in Congress assembled, That (a) subsection (b) of section 7 of the Small Business Act (15 U.S.C. 686(b)) is amended by striking out the matter following the numbered paragraphs and inserting in lieu thereof the following: "No loan under this subsection, including renewals and extensions thereof, may be made for a period or periods exceeding thirty years: Provided, That the Administrator may consent to a suspension in the payment of principal and interest charges on, and to an extension in the maturity of, the Federal share of any loan under this subsection for a period not to exceed five years, if (A) the borrower under such loan is a homeowner or a small business concern, (B) the loan was made to enable (i) such homeowner to repair or replace his home, or (ii) such concern to repair or replace plant or equipment which was damaged or destroyed as the result of a disaster meeting the requirements of clause (A) or (B) of paragraph (2) of this subsection, and (C) the Administrator determines such action is necessary to avoid severe financial hardship: Provided further, That the provisions of paragraph (1) of subsection (c) of this section shall not be applicable to any such loan having a maturity in excess of twenty years. Notwithstanding the provisions of any other law, and except as otherwise provided in this subsection, the interest rate on the Administration's share of any loan made under this subsection shall not exceed 3 per centum per annum, except that in the case of a loan made pursuant to paragraph (3), (5), (6), or (7), the rate of interest on the Administration's share of such loan shall not be more than the higher of (A) 2% per centum per annum; or (B) the average annual interest rate on all interest-bearing obligations of the United States then forming a part of the public debt as computed at the end of the fiscal year next preceding the date of the loan and adjusted to the nearest oneeighth of 1 per centum plus one-quarter of 1 per centum per annum. I n agreements to participate in loans on a deferred basis under this subsection, such participation by the Administration shall not be in excess of 90 per centum of the balance of the loan outstanding at the time of disbursement. "In the administration of the disaster loan program under paragraphs (1), (2), and (4) of this subsection, in the case of property loss or damage or injury resulting from a major disaster as determined by the President or a disaster as determined by the Administrator which occurs on or after January 1, 1971, and prior to July 1, 1973, the Small Business Administration, to the extent such loss or damage or injury is not compensated for by insurance or otherwise— " (A) may make any loan for repair, rehabilitation, or replacement of property damaged or destroyed without regard to whether the required financial assistance is otherwise available from private'sources; " (B) may, in the case of the total destruction or substantial property damage of a home or business concern, refinance any mortgage or other liens outstanding against the destroyed or damaged property if such property is to be repaired, rehabilitated, or replaced, except that (1) in the case of a business concern, the amount refinanced shall not exceed the amount of the physical

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555

loss sustained, and (2) in the case of a home, the amount of each monthly payment of principal and interest on the loan after refinancing under this clause shall be not less than the amount of each such payment made prior to such refinancing; " (C) may, in the case of a loan made under clause (A) or a mortgage or other lien refinanced under clause (B) in connection with the destruction of, or substantial damage to, property owned and used as a residence by an individual who by reason of retirement, disability, or other similar circumstances relies for support on survivor, disability, or retirement benefits under a pension, insurance, or other program, consent to the suspension of the payments of the principal of that loan, mortgage, or lien during the lifetime of that individual and his spouse for so long as the Administration determines that making such payments wouJd constitute a substantial hardship; " (D) shall, notwithstanding the provisions of any other law and upon presentation by the applicant of proof of loss or damage or injury and a bona fide estimate of cost of repair, rehabilitation, or replacement, cancel the principal of any loan made to cover a loss or damage or injury resulting from such disaster, except that— " (i) with respect to a loan made in connection with a disaster occurring on or after January 1, 1971 but prior to January 1, 1972, the total amount so canceled shall not exceed $2,500, and the interest on the balance of the loan shall be at a rate of 3 per centum per annum; and "(ii) with respect to a loan made in connection with a disaster occurring on or after January 1, 1972 but prior to July 1, 1973, the total amount so canceled shall not exceed $5,000, and the interest on the balance of the loan shall be at a rate of 1 per centum per annum. With respect to any loan referred to in clause (D) which is outstanding on the date of enactment of this paragraph, the Administrator shall— " (i) make such change in the interest rate on the balance of such loan as is required under that clause effective as of such date of enactment; and "(ii) in applying the limitation set forth in that clause with respect to the total amount of such loan which may be canceled, consider as part of the amount so canceled any part of such loan which was previously canceled pursuant to section 231 of the Post, p. 559. Disaster Belief Act of 1970. "Whoever wrongfully misapplies the proceeds of a loan obtained Penalty. under this subsection shall be civilly liable to the Administrator in an amount equal to one-and-one-half times the original principal amount of the loan." (b) The last paragraph of the amendment made by subsection (a) Effective date. shall apply only with respect to loans made on or after the date of enactment of this Act. (c) Any person who (1) suffers any loss or damage as a result of a Eligibility. major disaster as determined by the President which occurred prior to the date of enactment of this Act, (2) is eligible for assistance under the amendment made by subsection (a), and (3) is otherwise eligible for benefits greater than those provided by the amendment made by subsection (a), may elect to receive such greater benefits. 72 Stat. 389; SEC. 2. (a) Section 7(b) of the Small Business Act is amended— 84 Stat. 1618. (1) by striking out the period at the end of paragraph (6) and 15 USC 636. inserting in lieu thereof "; and"; and (2) by inserting after paragraph (6) a new paragraph as follows:

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