An Act to extend and amend the Economic Stabilization Act of 1970, as amended, and for other purposes
PL 92-210 (S.2891), enacted 12/22/1971

85 STAT. ] 
PUBLIC LAW 92-210-DEC. 22, 1971 
743 
"PRIVATE MEDICAL CARE FACILITIES 
"SEC. 255. (a) The President is authorized to make grants for the 
repair, reconstruction, or replacement of any medical care facility 
which is owned by an organization exempt from taxation under section 
501 (c), (d), or (e) of the Internal Revenue Code of 1954 and is 
^^Itt'leg^^^' 
operated to carry out the exempt purposes of such organization, and 
26 use so'i. 
which is damaged or destroyed by a major disaster. Such assistance 
shall be made available only on application, and subject to such rules 
and regulations as the President may prescribe. 
"(b) A grant made under the provisions of subsection (a) shall not 
Limitation. 
exceed— 
"(1) 100 per centum of the net cost of repairing, restoring, 
reconstructing, or replacing any such facility on the basis of the 
design of such facility as it existed immediately prior to such 
disaster and in conformity with applicable codes, specifications, 
and standards; or 
" (2) in the case of any such facility which was under construc-
tion when so damaged or destroyed, 50 per centum of the net 
cost of restoring such facility substantially to its condition prior 
to such disaster, and of completing construction not performed 
prior to such disaster to the extent that the cost of completing 
such construction is increased over the original construction cost 
due to changed conditions resulting from such disaster. 
"(c) For purposes of this section, 'medical care facility' includes, 
without limitation, any hospital, diagnostic or treatment center, or 
rehabilitation facility as such terms are defined in section 645 of the 
Public Health Service Act, and any similar facility offering diagnosis 
^s stat. 460; 
or treatment of mental or physical injury or disease, including the \2*usc^29io. 
administrative and support facilities essential to the operating of such 
medical care facilities although not contiguous thereto." 
SEC. 2. The amendment made by the first section of this Act shall 
Effective date, 
take effect as of January 1,1971. 
Approved December 18, 1971. 
Public Law 92-210 
AN ACT 
^iN 
rt.v-.i 
December 22, 1971 
To extend and amend the Economic Stabilization Act of 1970, as amended, and 
[s. 2891] 
for otlier purposes. 
Be It enacted by the Senate and House of Repiesentatives 
of the 
United States of America in Conqtess amemhled. That this Act may be 
Economic stabui-
Cited as the "J^^coiiomic stabilization Act Amendments oi 19/1 . 
"Medical care 
facility." 
zation Act Amend-
ments o
f 1971. 
ECOXOMIC STABILIZATION A
C
T OF 15)70 
SEC. 2. Title I I of the Act entitled "An Act to amend the Defense 
Production Act of 1950, and for other purposes'", approved August 15, 
1970 (Public Law 91-379), as amended, is amended to read as follows: 
Ante, p. 38. 
744 
PUBLIC LAW 92-210-DEC. 22, 1971 
[85 STAT. 
"TITLE II—COST OF LIVING STABILIZATION 
"§ 201. Short title 
"This title may be cited as the 'Economic Stabilization Act of 1970'. 
"§202. Findings 
"It is hereby determined that in order to stabilize the economy, 
reduce inflation, minimize unemployment, improve the Nation's com-
petitive position in ^vorld trade, and jjrotect the purchasing power of 
the dollar, it is necessary to stabilize prices, rents, wages, salaries, 
dividends, and interest. The adjustments necessary to carry out this 
program require prompt judgments and actions by the executive branch 
of the Government. The President is in a position to implement 
promptly and eti'ectively the program authorized by this title. 
"§ 203. Presidential authority 
"(a) The President is authorized to issue such orders and regula-
tions as he deems appropriate, accompanied by a statement of reasons 
for such orders and regulations, to— 
" (1) stabilize prices, rents, wages, and salaries at levels not less 
than those prevailing on May :25, 1970, except that prices may be 
stabilized at levels below those prevailing on such date if it is 
necessary to eliminate windfall profits or if it is otherwise neces-
sary to carry out the purposes of this title; and 
"(2) stabilize interest rates and corporate dividends and similar 
transfers at levels consistent with orderly economic growth. 
Such ordei's and regulations shall provide for the making of such 
adjustments as may be necessary to prevent gross inequities, and shall 
be consistent with the standards issued pursuant to subsection (b). 
standards. 
"(b) lu Carrying out the autliority vestcd lu him by subsectiou (a), 
the President shall issue standards to serve as a guide for determin-
ing levels of wages, salaries, prices, rents, interest rates, corporate divi-
dends, and similar transfers which are consistent with the purposes 
of this title and orderly economic growth. Such standards shall— 
" (1) be generally fair and equitable; 
"(2) provide for the making of such general exceptions and 
variations as are necessary to foster orderly economic grow^th 
and to i:)revent gross inequities, hardships, serious market disrup-
tions, domestic shortages of raw materials, localized shortages of 
labor, and windfall profits; 
"(3) take into account changes in productivity and the cost of 
living, as well as such other factors consistent with the purposes 
of this title as are appropriate; 
"(4) provide for the requiring of appropriate reductions in 
prices and rents whenever warranted after consideration of lower 
costs, labor shortages, and other pertinent factors; and 
"(5) call for generally comparable sacrifices by business and 
labor as well as other segments of the economy. 
Limitation. 
" ((.) (1) The authority conferred on the President by this section 
shall not be exercised to limit the level of any wa^e or salary (including 
any insurance or other fringe benefit offered in connection with an 
employment contract) scheduled to take efi'ect after November 13, 
1971, to a level below that which has been agreed to in a contract which 
85 STAT. ] 
PUBLIC LAW 92-210-DEC. 22, 1971 
745 
(A) related to such wage or salary, and (B) was executed prior to 
August 15, 1971, unless the President determines that the increase 
provided in such contract is unreasonably inconsistent with the stand-
ards for wage and salary increases published under subsection (b). 
"(2) The President shall promptly take such action as may be nec-
essary to permit the payment of any wage or salary increase (including 
any insurance or other fringe benefit offered in connection with an 
employment contract) which (A) was agreed to in an employment 
contract executed prior to August 15, 1971, (B) was scheduled to take 
effect prior to November 14,1971, and (C) was not paid as a result of 
ordei's issued under this title, unless the President determines that 
the increase provided in such contract is unreasonably inconsistent 
with the standards for wage and salary increases published under 
subsection (b). 
" (3) In addition to the payment of wage and salary increases pro-
vided for under paragraphs (1) and (2), beginning on the date on 
which this subsection takes effect, the President shall promptly take 
such action as may be necessary to require the payment of any wage 
or salary increases (including any insurance or other fringe benefits 
offered m connection with employment) which have been, or in the 
absence of this subsection would be, withheld under the authority of 
this title, if the President determines that— 
(A) such increases were provided for by law or contract prior 
to August 15,1971; and 
(B) prices have been advanced, productivity increased, taxes 
have been raised, appropriations have been made, or funds have 
otherwise been raised or provided for in order to cover such 
increases. 
"(d) Notwithstanding any other provisions of this title, this title 
substandard 
shall be implemented in such a manner that wage increases to any ^^8^^-
individual whose earnings are substandard or who is a member of the 
working poor shall not be limited in any manner, until such time as his 
earnings are no longer substandard or he is no longer a member of 
the working poor. 
"(e) Whenever the authority of this title is implemented with 
respect to significant segments of the economy, the President shall 
require the issuance of regulations or orders providing for the stabili-
zation of interest rates and finance charges, unless he issues a deter-
mination, accompanied by a statement of reasons, that such regulations 
or orders are not necessary to maintain such rates and charges at levels 
consonant with orderly economic growth. 
"(f) The authority conferred by this section shall not be exercised to 
Limitation. 
preclude the payment of any increase in wages— 
"(1) required under the Fair Labor Standards Act of 1938, as 
amended, or effected as a result of enforcement action under such 
^^ stat. loeo. 
Act; or ^ 
^ 
29 use 201. 
"(2) required in order to comply with wage determinations 
made by any agency in the executive branch of the Government 
pursuant to law for work (A) j)erformed under contracts with, 
or to be performed with financial assistance from, the United 
States or the District of Columbia, or any agency or instru-
mentality thereof, or (B) performed by aliens who are immi-
746 
PUBLIC LAW 92-210-DEC. 22, 1971 
[85 STAT. 
grants or who have been temporarily admitted to the United 
66 Stat. 163. 
Statcs pursuant to the Immigration and Nationality Act; or 
noteV^*^ ^^°^ 
"(3) paid in conjunction with existing or newly established 
employee incentive programs which are designed to reflect 
directly increases in employee productivity. 
"slTrrles'" 
" (s) ^^^ *^® purposes of this section the term 'wages' and 'salaries' 
do not include contributions by any employer pursuant to a compensa-
tion adjustment for— 
"(1) any pension, profit sharing, or annuity and savings plan 
which meets the requirements of section 401(a), 404(a)(2), or 
^
^
6
8
A Stat. 134, 
403 (b) of the Internal Revenue Code of 1954; 
7
2 Stat. 1620. 
" (2) any group insurance plan; or 
404,4!^/°'' 
"(3) anj^ disability and health plan; 
unless the President determines that the contributions made by any 
such employer are unreasonably inconsistent with the standards for 
wage, salary, and price increases issued under subsection (b). 
"(h) No State or portion thereof shall be exempted from any appli-
cation of this title with respect to rents solely by virtue of the fact that 
it regulates rents by State or local law, regulation or policy. 
"(1) Rules, regulations, and orders issued under this title shall 
insofar as practicable be designed to encourage labor-management 
cooperation for the purpose of achieving increased productivity, 
and the Executive Director of the National Commission on Produc-
tivity shall when appropriate be consulted in the formulation of 
policies, rules, regulations, orders, and amendments under this title. 
"§204. Delegation 
"The President may delegate the performance of any function under 
this title to such officers, departments, and agencies of the United 
States as he deems appropriate, or to boards, commissions, and similar 
entities composed in whole or in part of members appointed to rep-
resent different sectors of the economy and the general public. 
Members of such boards, commissions, and similar entities shall be 
appointed by the President by and with the advice and consent of the 
Senate; except that— 
" (1) the foregoing requirement with respect to Senate confirma-
tion does not apply to any member of anj such board, commission, 
or similar entity (other than the Chairman of the Pay Board, 
established by section 7 of Executive Order Numbered 11627 of 
comp.fp! 222! 
October 15, 1971, and the Chairman of the Price Commission, 
established by section 8 of such Executive order) who is serving, 
pursuant to appointment by the President, on such board, com-
mission, or similar entity on the date of enactment of the Eco-
Ante, p. 743. 
nomic Stabilization Act Amendments of 1971, and who continues 
to serve, pursuant to such appointment, on such board, commission, 
or similar entity after such date; and 
" (2) any person serving in the office of Chairman of such Pay 
Board, and any person serving in the office of Chairman of such 
Price Commission, on the date of enactment of the Economic 
Stabilization Act -Amendments of 1971, may continue to serve in 
such capacity on an interim basis without regard to the foregoing 
requirement with respect to Senate confirmation until the expira-
tion of sixty days after the date of enactment of the Economic 
Stabilization Act Amendments of 1971, and the provisions of see-
so Stat. 397; 
tious 910-913 of title 5, United States Code, shall be applicable 
with respect to the procedure to be followed in the Senate in 
considering the nomination of any person to either of such offices 
submitted to the Senate by the President during such sixty-day 
period, except that references in such provisions to a 'resolution 
with respect to a reorganization plan*^ shall be deemed for the 
purpose of this section to refer to such nominations. 
Ante, 
p. 576. 
85 STAT. ] 
PUBLIC LAW 92-210-DEC. 22, 1971 
747 
Where such boards, commissions, and similar entities are composed in 
part of members who serve on less than a full-time basis, legal 
authority shall be placed in their chairmen who shall be employees of 
the United States and who shall act only in accordance with the 
majority vote of members. Nothing in section 203, 205, 207, 208, or 
209 of title 18, United States Code, shall be deemed to apply to any jjg^^*^*- "2^" 
member of any such board, commission, or similar entity who serves 
on less than a full-time basis because of membership on such board, 
commission, or entity. 
"§ 205. Confidentiality of information 
"All information reported to or otherwise obtained by any person 
exercising authority under this title which contains or relates to a 
trade secret or other matter referred to in section 1905 of title 18, United 
States Code, shall be considered confidential for the purposes of that 
^^ ^*^*' '^^^• 
section, except that such information may be disclosed to other persons 
empowered to carry out this title solely for the purpose of carrying out 
this title or when relevant in any proceeding under this title. 
"§ 206. Subpena power 
"The head of an agency exercising authority under this title, or his 
duly authorized agent, shall have authority, for any purpose related to 
this title, to sign and issue subpenas f )r the attendance and testimony of 
witnesses and the production of relevant books, papers, and other 
documents, and to administer oaths. "Witnesses summoned under the 
provisions of this section shall be paid the same fees and mileage as are 
paid to witnesses in the courts of the United States. In case of refusal 
to obey a subpena served upon any person under the provisions of this 
section, the head of the agency authorizing such subpena, or his dele-
gate, may request the Attorney General to seek the aid of the district 
court of the United States for any district in which such person is 
found to compel such person, after notice, to appear and give testimony, 
or to appear and produce documents before the agency. 
"§ 207. Administrative procedure 
" (a) The functions exercised under this title are excluded from the 
operation of subchapter II of chapter 5, and chapter 7 of title 5, 
United States Code, except as to the requirements of sections 552, 553, 
s use ssi, 701. 
and 555 (e) of title 5, United States Code. 
"(b) Any agency authorized by the President to issue rules, regula-
tions, or orders under this title shall, in regulations prescribed by it, 
establish procedures which are available to any person for the purpose 
of seeking an interpretation, modification, or rescission of, or seeking 
an exception or exemption from, such rules, regulations, and orders. 
If such person is aggrieved by the denial of a request for such action 
under the preceding sentence, he may request a review of such denial 
by the agency. The agency shall, in regulations prescribed by it, estab-
lish ap[)ropriate procedures, including hearings where deemed advis-
able, for considering such requests for action under this section. 
"(c) To the maximum extent possible, the President or his delegate 
shall conduct formal hearings for the purpose of hearing arguments 
or acquiring information bearing on a change or a proposed change 
in Avages, salaries, prices, rents, interest rates, or corporate dividends or 
similar transfers, which have or may have a significantly large impact 
upon tlie national economy, and such hearings shall be open to the 
public except that a private formal hearing may be conducted to 
receive information considered confidential under section 205 of this 
title. 
"§208. Sanctions; criminal fine and civil penalty 
"(a) Whoever Avillfully violates any order or regulation under this 
title sliall be fined not more than $5,000 for each violation. 
51 Stat. 54; 
80 Stat. 383. 
748 
PUBLIC LAW 92-210-DEC. 22, 1971 
[85 STAT. 
" (b) Whoever violates any order or regulation under this title shall 
be subject to a civil penalty of not more than $2,500 for each violation. 
*
*
§ 209. Injunctions and other relief 
"Whenever it appears to any person authorized by the President 
to exercise authority under this title that any individual or organiza-
tion has engaged, is engaged, or is about to engage in any acts or 
practices constituting a violation of any order or regulation under 
this title, such person may req^uest the Attorney General to bring an 
action in the appropriate district court of the United States to enjoin 
such lacts or practices, and upon a proper showing a temporary restrain-
ing order or a preliminary or permanent injunction shall be granted 
without bond. Any such court may also issue mandatory injunctions 
commanding any person to comply with any such order or regulation. 
In addition to such injunctive relief, the court may also order 
restitution of moneys received in violation of any such order or 
regulation. 
"§ 210. Suits for damages or other relief 
"(a) Any person suffering legal wrong because of any act or prac-
tice arising out of this title, or any order or regulation issued pursuant 
thereto, may bring an action in a district court of the United States, 
without regard to the amount in controversy, for appropriate relief, 
including an action for a declaratory judgment, writ of injunction 
(subject to the limitations in section 211), and/or damages. 
"(b) In any action brought under subsection (a) against any per-
son renting property or selling goods or services who is found to have 
overcharged the plaintiff, the court may, in its discretion, award the 
plaintiff reasonable attorney's fees and costs, plus whichever of the 
following sums is greater: 
" (1) an amount not more than three times the amount of the 
overcharge upon which the action is based, or 
"(2) not less than $100 or more than $1,000; 
except that in any case where the defendant establishes that the over-
charge was not intentional and resulted from a bona fide error not-
withstanding the maintenance of procedures reasonably adapted to 
the avoidance of such error the liability of the defendant shall be lim-
ited to the amount of the overcharge: Provided^ That where the over-
charge is not willful within the meaning of section 208 (a) of this title, 
no action for an overcharge may be brought by or on behalf of any 
person unless such person has first presented to the seller or renter a 
bona fide claim for refund of the overcharge and has not received 
repayment of such overcharge within ninety days from the date of the 
presentation of such claim. 
••Overcharge." 
u^^^ ^Qv the purposes of this section, the term 'overcharge' means 
the amount by which the consideration for the rental of property or 
the sale of goods or services exceeds the applicable ceiling under regu-
lations or orders issued under this title. 
"§ 211. Judicial review 
"(a) The district courts of the United States shall have exclusive 
original jurisdiction of cases or controversies arising under this title, 
or under regulations or orders issued thereunder, notwithstanding the 
amount in controversy; except that nothing in this subsection or in 
subsection (h) of this section affects the power of any court of com-
petent jurisdiction to consider, hear, and determine any issue by way of 
defense (other than a defense based on the constitutionality of this 
title or the validity of action taken by any agency under this title) 
raised in any proceeding before such court. If in any such proceeding 
an issue by way of defense is raised based on the constitutionality of 
this title or the validity of agency action under this title, the case shall 
be subject to removal by either party to a district court of the United 
85 STAT. ] 
PUBLIC LAW 92-210-DEC. 22, 1971 
749 
States in accordance with the applicable provisions of chapter 89 of 
title 28, United States Code. 
28 use i44i. 
"(b) (1) There is hereby created a court of the United States to be e^c"'^°ourt ofT*^ 
known as the Temporary Emergency Court of Appeals, w^hich shall peais^. 
consist of three or more judges to be designated by the Chief Justice 
Establishment, 
of the United States from judges of the United States district courts 
and circuit courts of appeals. The Chief Justice of the United States 
shall designate one of such judges as chief judge of the Temporary 
Emergency Court of Appeals, and may, from time to time, designate 
additional judges for such court and revoke previous designations. 
The chief judge may, from time to time, divide the court into divisions 
of three or more members, and any such division may render judgment 
as the judgment of the court. Except as provided in subsection (d)(2) 
of this section, the court shall not have power to issue any interlocu-
tory decree staying or restraining in whole or in part any provision 
of this title, or the effectiveness of any regulation or order issued 
thereunder. In all other respects, the court shall have the powers of a 
circuit court of appeals with respect to the jurisdiction conferred 
on it by this title. The court shall exercise its powers and prescribe 
rules governing its procedure in such manner as to expedite the deter-
mination of cases over which it has jurisdiction under this title. The 
court shall have a seal, hold sessions at such places as it may specify, 
and appoint a clerk and such other employees as it deems necessary 
or proper. 
"(2) Except as otherwise provided in this section, the Temporary 
Jurisdiction. 
Emergency Court of Appeals shall have exclusive jurisdiction of all 
appeals from the district courts of the United States in cases and con-
troversies arising under this title or under regulations or orders issued 
thereunder. Such appeals shall be taken by the filing of a notice of 
appeal with the Temporary Emergency Court of Appeals within thirty 
days of the entry of judgment by the district court. 
"(c) In any action commenced undei' this title in any district court 
of the United States in which the court determines that a substantial 
constitutional issue exists, the court shall certify such issue to the 
Temporary Emergency Court of Appeals. Upon such certification, the 
Temporary Emergency Court of Appeals shall determine the appro-
priate manner of disposition which may include a determination that 
the entire action be sent to it for consideration or it may, on the issues 
certified, give binding instructions and remand the action to the 
certifying couit for further disposition. 
"(d)(1) Subject to paragraph (2), no regulation of any agency 
Enjoinment. 
exercising authority under this title shall be enjoined or set aside, in 
whole or in part, luiless a final judgment determines that the issuance 
of such regulation was in excess of the agency's authority, was 
arbitrary or capricious, oi" was otherwise unlawful under the criteria 
set forth in section 706(2) of title 5, United States Code, and no order 
^° ^'^*- ^'^^' 
of such agency shall be enjoined or set aside, in whole or in part, unless 
a final judgment determines that such order is in excess of the agency's 
authority, or is based upon findings which are not supported by sub-
stantial evidence. 
" (2) A district court of the United States or the Temporary Emer-
gency Court of Appeals may enjoin temporarily or permanently the 
application of a particular regulation or order issued under this title 
to a person who is a party to litigation before it. Appeals from 
interlocutory decisions by a district court of the United States under 
this paragi-aph may be taken in accordance with the provisions of 
section 1292(b) of title 28, United States Code; except that reference 
'
^
^ stat. i77o. 
in such section to the courts of appeals shall be deemed to refer to the 
Temporary Emergency Court of Appeals. 
"(e)(1) Except as provided in subsection (d) of this section, no 
interlocutory or permanent injunction restraining the enforcement, 
750 
PUBLIC LAW 92-210-DEC. 22, 1971 
[85 STAT. 
operation, or execution of this title, or any regulation or order issued 
thereunder, shall be granted by any district court of the United States 
or judge thereof. Any such court shall have jurisdiction to declare 
(A) that a regulation of an agency exercising authority under this title 
is in excess of the agency's authority, is arbitrary or capricious, or is 
otherwise unlawful under the criteria set forth in section 706(2) of 
80 Stat. 393. 
title 5, United States Code, or (B) that an order of such agency is 
invalid upon a determination that the order is in excess of the agency's 
authority, or is based upon findings which are not supported by sub-
stantial evidence. 
^pp^^^- 
"(2) Any party aggrieved by a declaration of a district court of 
the United States respecting the validity of any regulation or order 
issued under this title may, within thirty days after the entry of such 
declaration, file a notice of appeal therefrom in the Temporary Emer-
gency Court of Appeals. In addition, any party believing himself 
entitled by reason of such declaration to a permanent injunction 
restraining the enforcement, operation, or execution of such regulation 
or order may file, within the same thirty-day period, a motion in the 
Temporary Emergency Court of Appeals requesting such injunctive 
relief. Following consideration of such appeal or motion, the Tempo-
rary Emergency Court of Appeals shall enter a final judgment affirm-
ing, reversing, or modifying the determination of the district court 
and granting such permanent injunctive relief, if any, as it deems 
appropriate. 
"(f) The effectiveness of a final judgment of the Temporary Emer-
gency Court of Appeals enjoining or setting aside in whole or in part 
any provision of this title, or any regulation or order issued there-
under, shall be postponed until the expiration of thirty days from 
the entry thereof, except that if a petition for a writ of certiorari is 
filed with the Supreme Court under subsection (g) within such thirty 
days, the effectiveness of such judgment shall be postponed until an 
order of the Supreme Court denying such petition becomes final, or 
until other final disposition of the action by the Supreme Court. 
" (g) Within thirty days after entry of any judgment or order by the 
Temporary Emergency Court of Appeals, a petition for a writ of 
certiorari may be filed in the Supreme Court of the United States, 
and thereupon the judgment or order shall be subject to review by 
the Supreme Court in the same manner as a judgment of a United 
States court of appeals as provided in section 1254 of title 28, United 
62 Stat. 928. 
Statcs Code. The Temporary Emergency Court of Appeals, and the 
Supreme Court upon review of judgments and orders of the Tempo-
rary Emergency Court of Appeals, shall have exclusive jurisdiction to 
determine the constitutional validity of any provision of this title or 
of anj regulation or order issued under this title. Except as provided 
in this section, no court, Federal or State, shall have jurisdiction or 
power to consider the constitutional validity of any provision of this 
title or of any such regulation or order, or to stay, restrain, enjoin, 
or set aside, in whole or in part, any provision of this title authorizing 
the issuance of such regulations or orders, or any provision of any 
such regulation or order, or to restrain or enjoin the enforcement 
of any such provision. 
Effective date. 
"(h) Tlic provisioiis of this section apply to any actions or suits 
pending in any court, Federal or State, on the date of enactment of 
this section in which no final order or judgment has been rendered. 
Any affected party seeking relief shall be required to follow the proce-
dures of this title. 
"§212. Personnel 
"(a) Any agency or officer of the Government carrying out func-
tions under this title is authorized to employ such personnel as the Pres-
ident deems necessary to carry out the purposes of this title. 
85 STAT. ] 
PUBLIC LAW 92-210-DEC. 22, 1971 
751 
"(b) The President iiuiy appoint five officers to be resjjonsible for 
carrying out functions of this title of wliom three sliall be compensated 
at the rate prescribed for level III of the Executive Scliedule (5 LT.S.C. 
5314) and two at the rate prescribed for level V of the Executive ^ 8° stat. 460; 
Schedule (5 U.S.C. 5316). Appropriate titles and the order of succes-
sion among such officers ma}- be designated by the President. 
"(c) Any member of a board, commission, or similar entity estab-
lished by the President pursuant to authority conferred by tliis title 
who serves on less than a full-time basis shall receive compensation 
from the date of his appointment at a rate equal to the per diem 
equivalent of the rate prescribed for level IV of the P^xecutive 
Schedule (5 U.S.C. 5315) when actually engaged in the performance 
of his duties as such member. 
"(d)(1) In addition to the number of positions which may be placed 
in GS-16,17, and 18, under section 5108 of title 5, United States Code, 
so stat. 878; 
not to exceed twenty positions may be placed in GS-16, 17, and 18, to ^
"
^ ^*^*' ^^^^• 
carry out the functions under this title. 
"(2) The authority under this subsection shall be subject to the 
procedures prescribed under section 5108 of title 5, United States 
(^ode, and shall continue only for the duration of the exercise of func-
tions under this title. 
"(e) The President may require the detail of employees from any 
executive agency to carry out the purposes of this title. 
"(f) The President is authorized to appoint, without regard to the 
civil service laws, such advisory committees as he deems appropri-
ate for the purpose of consultation with and advice to the President 
in the performance of his functions under this title. Members of 
advisory committees, other than those regularly employed by the Fed-
eral Government, while attending meetings of such committees or 
while otherwise serving at the request of the President may be paid 
compensation at rates not exceeding those authorized for individuals 
under section 5332 of title 5, United States Code, and, while so serv-
ing away from their homes or regular places of business, may be 
allowed travel expenses, including per diem as authorized by section 
5703 of title 5, United States Code, for persons in the Government 
^^ ^*^'- ^^o-
service employed intermittently. 
"(g)(1) Under such regulations as the President may prescribe, 
officers and employees of the Government who are appointed, without 
a break of service of one or more work days, to any position for 
carrying out functions under this title are entitled, upon separation 
from such position, to reemployment in the position occupied at 
the time of appointment or in a position of comparable grade and 
salary. 
"(2) An officer or employee who, at the time of his appointment 
under paragraph (1) of this subsection, is covered by section 8336(c) 
of title 5, United States Code, shall continue to be covered there- 
^° ^*^'' ^^^• 
under while carrying out functions under this title. 
"§ 213. Experts and consultants 
"Experts and consultants may be employed, as authorized by section 
3109 of title 5, United States Code, for the performance of functions 
under this title, and individuals so employed may be compensated 
at rates not to exceed the per diem equivalent of the rate for grade 
18 of the General Schedule established by section 5332 of title 5, 
United States Code. Such contracts may be renewed from time to 
time without limitation. Service of an individual as an expert or 
consultant imder this section shall not be considered as employment 
or the holding of an office or position bringing such individual within 
the provisions of section 3323(a) of title 5, United States Code, sec-
tion 872 of the Foreign Service Act of 1946, or any other law limiting 7s'stat^464^^' 
the reemployment of retired officers or cmploA-ees. 
2
2 use 1112. 
752 
PUBLIC LAW 92-210-DEC. 22, 1971 
[85 STAT. 
"§ 214. Small business 
"(a) It is the sense of the Congress that small business enterprises 
should be encouraged to make the greatest possible contribution toward 
achieving the objectives of this title. 
" (b) In order to carry out the policy stated in subsection (a) — 
" (1) the Small Business Administration shall to the maximum 
extent possible provide small business enterprises with full infor-
mation concerning (A) the provisions of this title relating or of 
benefit to such enterprises, and (B) the activities of the various 
departments and agencies under this title; 
"(2) in administering this title, such exemptions shall be pro-
vided for small business enterprises as may be feasible without im-
peding the accomplishment of the purposes of this title; and 
" (3) in administering this title, special provision shall be made 
for the expeditious handling of all requests, applications, or 
appeals from small business enterprises. 
"§ 215. Mass transportation systems 
"No company, or other entity constituting a public benefit corpora-
tion, charged by law or contract with the responsibility to operate a 
mass transportation facility or facilities, the fares of which are not 
otherwise regulated, shall increase any fare without first obtaining 
approval under this section from the President or his delegate, 
"§216. Reports 
"(a) In transmitting the Economic Report required under section 
^^6o^stau^2^4; 
3(a) of the Employment Act of 1946 (15 U.S.C. 1022), the President 
shall include a section describing the actions taken under this title 
during the preceding year and giving his assessment of the progress 
attained in achieving the purposes of this title. The President shall also 
transmit quarterly reports to the Congress not later than thirty days 
after the close of each calendar quarter describing the actions taken 
under this title during the preceding quarter and giving his assessment 
of the progress attained in achieving the purposes of this title. 
"(b) In carrying out his authority under this title, the President 
shall study and evaluate the relationship between excess profits, the 
stabilization of the economy, and the creation of new jobs. The results 
of such study shall be incorporated in the reports referred to in 
subsection (a). 
"§217. Funding 
"(a) There are authorized to be appropriated to the President, to 
remain available until expended, such sums as may be necessary to 
carry out the provisions of this title. 
"(b) The President may accept and use in furtherance of the pur-
poses of this title money, funds, property, and services of any kind 
made available for such purposes by gift, devise, bequest, grant, or 
otherwise. 
"§218. Expiration 
"The authority to issue and enforce orders and regulations under 
this title expires at midnight April 30, 1973, but such expiration shall 
not affect any action or pending proceedings, civil or criminal, not 
finally determined on such date, nor any action or proceeding based 
upon any act committed prior to May 1,1973. 
"§219. Ratification 
"The assignment of personnel and expenditure of funds pursuant to 
the authority conferred on the President by this title prior to the date 
Ante, p. 743. 
^f enactment of the Economic Stabilization Act Amendments of 1971 
are hereby approved, ratified, and confirmed. 
85 STAT. ] 
PUBLIC LAW 92-210-DEC. 22, 1971 
753 
"§220. Severability 
"If any provision of this title or the application of such provision to 
any person or circumstances is held invalid, the remainder of the title, 
and the application of such provision to persons or circumstances other 
than those as to which it is held invalid, shall not be affected thereby."' 
FEDERAL EMPLOYEE 
COMPENSATION 
SEC. 3. Xotwithstanding any provision of section 3(c) of the Fed-
eral Pay Comparability Act of 1970 (Public Law 91-656), or of sec- 1%^^^%^^^'^-
tion 5305 of title 5, United States Code, as added by section 3(a) of note. 
Public Law 91-656, and the provisions of the alternative plan sub-
mitted by the President to the Congress pursuant thereto on August 
31, 1971, such comparability adjustments in the rates of pay of each 
Federal statutory pay system as may be required under such sections 
5305 and 3(c), based on the 1971 Bureau of Labor Statistics survey— 
(1) shall not be greater than the guidelines established for the 
wage and salary adjustments for the private sector that may be 
authorized under authority of any statute of the United States, 
including the Economic Stabilization Act of 1970 (Public Law 
91-379; 84 Stat. 799), as amended, and that may be in effect on 
^"*e, p. as. 
December 31,1971; and 
(2) shall be placed into effect on the first day of the first pay 
Effective date. 
period that begins on or after January 1,1972. 
Nothing in this section shall be construed to provide any adjustments 
in rates of pay of any Federal statutory pay system which are greater 
than the adjustments based on the 1971 Bureau of Labor Statistics 
survey. 
NATIONAL PRODUCTIVITY POLICY 
SEC. 4. (a) (1) It is the policy of the United States to promote effi-
cient production, marketing, distribution, and use of goods and serv-
ices in the private sector, and improve the morale of the American 
worker, all of which are essential to a prosperous and secure free 
world, and to achieve the objectives of national economic policy. 
(2) The Congress finds that the persistence of inflationary pres-
sures, and of a high rate of unemployment, the underutilization and 
obsolescence of production facilities, and the inadequacy of produc-
tivity are damaging to the effort to stabilize the economy. 
(3) The Congress, therefore, finds a national need to increase eco-
nomic productivity which depends on the effectiveness of manage-
ment, the investment of capital for research, development, and 
advanced technology and on the training and motivation of the 
American worker. 
(4) The Congress further finds that at a time when economic stabi-
lization programs require price-wage restraints, management and 
labor have a strong mutual interest in containing "cost-push" inflation 
and increasing output per man-hour so that real wages may increase 
without causing increased prices, and that, without in any way 
infringing on the rights of management or labor, machinery should be 
provided for translating this mutuality of interest into voluntary 
action. 
(b) It shall be the objective of the President's National Commis-
sion on Productivity (hereinafter referred to as the "Commission") — 
(1) to enlist the cooperation of labor, management, and State 
and local governments, in a manner calculated to foster and pro-
mote increased productivity through free competitive enterprise 
754 
PUBLIC LAW 92-210-DEC. 22, 1971 
[85 STAT. 
toward the implementation of the national policy declared in the 
60 Stat. 23. 
Employment Act of 1946 to create and maintain "conditions 
note."^*^ ^°^^ 
under which there will be afforded useful employment opportuni-
ties, including self-employment, for those able, willing, and seek-
ing to work, and to promote maximum employment, production, 
and purchasing power"; 
(2) to promote the maintenance and improvement of worker 
motivation and to enlist community interest in increasing pro-
ductivity and reducing waste; 
(3) to promote the more effective use of labor and management 
personnel in the interest of increased productivity; 
(4) to promote sound wage and price policies in the public inter-
est, and to seek to accomplish that objective within a climate of 
cooperation and understanding between labor, management, and 
the public, and within a framework of peaceful labor-manage-
ment relations and free and responsible collective bargaining; 
(5) to promote policies designed to insure that United States 
products are competitive in domestic and world markets; 
(6) to develop programs to deal with the social and economic 
problems of employees adversely affected by automation or other 
technological change or the relocation of industries. 
(c) (1) It shall be the duty and function of the Commission, in order 
to achieve the objectives set forth in subsection (b) of this section, to 
encourage and assist in the organization and the work of labor-man-
agement-public committees and similar groups on a plant, community, 
regional, and industry basis. Such assistance shall inchide aid— 
(A) in the development of apprenticeship, training, retrain-
ing, and other programs for employee and management education 
for development of greater upgraded and more diversified skills; 
(B) in the formulation of programs designed to reduce waste 
and absenteeism and to improve employee safety and health; 
(C) in the revision of building codes and other local ordinances 
and laws, in order to keep them continuously responsive to current 
economic conditions; 
(D) in planning for provision of adequate transportation for 
employees; 
(E) in the exploration of means to expand exports of the prod-
ucts of United States industry; 
(F) in the development, initiation, and expansion of employee 
incentive compensation, profit-sharing and stockownership sys-
tems and other production incentive programs; 
(G) in the dissemination of technical information and other 
material to publicize its work and objectives; 
(H) to encourage studies of techniques and programs similar 
to those in paragraphs (A) to (G) of this subsection, as they are 
applied in foreign countries; and 
(I) in the dissemination of information and analyses concern-
ing the economic oppo'rtunities and outlook in various regions and 
commimities, and of information on industrial techniques designed 
for the increase of productivity. 
Report to 
(2) The Commissiou shall transmit to the President and to the 
congrt^s"*. ^"'^ 
Congress not later than March 1 of each year an annual report of its 
previous year's activities under this Act. 
85 STAT. ] 
PUBLIC LAW 92-210-DEC. 22, 1971 
755 
(3) The Commission shall perform such other functions, consistent 
with the foregoing, as it determines to be appropriate and necessary 
to achieve the objectives set forth in subsection (b) of this section. 
(d) (1) In exercising its duties and function under this Act— 
(A) the Commission may consult with such representatives of 
industry, labor, agriculture, consumers, State and local govern-
ments, and other groups, organizations, and individuals as it 
deems advisable to insure the participation of such interested 
parties; 
(B) the Commission shall, to the extent possible, use the serv-
ices, facilities, and information (including statistical informa-
tion) of other Government agencies as the President may direct 
as well as of private agencies and professional experts in order 
that duplication of effort and expense may be avoided; 
(C) the Commission shall coordinate such services and facili-
ties referred to in subsection (B) above in order to supply techni-
cal and administrative assistance to labor-management-public 
committees and similar groups referred to in subsection (c) (1) ; 
(D) the Commission shall establish the regional offices and 
such local offices as it deems necessary; 
(E) the Commission shall hold regional and industrywide con-
ferences to formulate ideas and programs for the fulfillment of 
the objectives set forth in subsection (C) ; 
(F) the Commission may formulate model programs to amelio-
rate the effects of unemployment caused by technological progress; 
(G) the Commission may furnish assistance to parties in 
collective bargaining entering into collective bargaining agree-
ments; and 
(H) the Commission may review collective bargaining agree-
ments already in effect or those being negotiated to ascertain 
their effects on productivity; and it may have the power to make 
recommendations with respect to the agreements made or about 
to be made in specific industries. 
(2) The Commission may accept gifts or bequests, either for 
carrying out specific programs which it deems desirable or for its 
general activities. 
(e) (1) The Executive Director of the Commission shall be the 
Executive DI-
principal executive officer of the Commission in carrying out the 
objectives, functions, duties and powers of the Commission described 
in subsections (b) through (d) of this section. 
(2) The Executive Director of the Commission, with the approval 
of the Chairman of the Commission, is authorized (A) to appoint 
and fix the compensation of such officers and employees, and prescribe 
their functions and duties, as may be necessary to carry out the 
provisions of this section, and (B) to obtain the services of experts 
and consultants in accordance with the provisions of section 3109 of 
title 5, United States Code. 
so stat. 4i6. 
(f) There is hereby authorized to be appropriated the sum of 
Appropriation. 
$10,000,000 to carry out the purposes of this section during the period 
ending April 30, 1973. 
Approved December 22, 1971. 
75-432 O - 72 - 50