An Act to amend titles 10 and 37, United States Code, to authorize members of the Armed Forces who are in a missing status to accumulate leave without limitation, to amend title 10, United States Code,  to authorize an additional Deputy Secretary of Defense, and for other purposes
PL 92-596 (H.R.14911), enacted 10/27/1972

86 STAT.] 
PUBLIC LAW 92-596-OCT. 27, 1972 
1317 
"(iii) which, in the production of commodities and in 
the provision of services during any fiscal year in which it 
receives financial assistance under this subsection, employs 
handicapped individuals for not less than 75 per centum of 
the man-hours required for the production or provision of the 
commodities or services; or 
"(B) to assist any handicapped individual in establishing, 
acquiring, or operating a small business concern. 
"(2) The Administration's share of any loan made under this sub-
section shall not exceed $350,000, nor may any such loan be made if the 
total amount outstanding and committed (by participation or other-
wise) to the borrower from the business loan and investment fund 
established by section 4(c) (1) (B) of this Act would exceed $350,000. 
In agreements to participate in loans on a deferred basis under this 
subsection, the Administration's participation may total 100 per cen-
tum of the balance of the loan at the time of disbursement. Any loan 
made under this subsection shall bear interest at the rate of 3 per 
centum per annum. The maximum term of any such loan, including 
extensions and renewals thereof, may not exceed fifteen years. All loans 
made under this subsection shall be of such sound value or so secured 
as reasonably to assure repayment: Provided^ howecer^ That any 
reasonable doubt shall be resolved in favor of the applicant. 
"(3) For purposes of this subsection, the term 'handicapped indi-
vidual' means a pereon who has a physical, mental, or emotional 
impairment, defect, ailment, disease, or disability of a permanent 
nature which in any way limits the selection of any type of employ-
ment for which the person Avould otherwise be qualified or qualifiable." 
Approved October 27, 1972. 
Limitation. 
80 Stat. 132. 
15 u s e 633. 
' 'Handicapped 
individual." 
Public Law 92-596 
AN ACT 
To amend titles 10 and 37, United States Code, to authorize members of the 
armed forces wlio are in a missing status to accumulate leave without limita-
tion, to amend title 10, United States Code, to authorize an additional Deputy 
Secretary of Defense, and for other purposes. 
October 27, 1972 
[H. R. 14911] 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That section 701 
of title 10, United States Code, is amended— 
(1) by inserting "and subsection (g)" after "subsection (f)" 
in subsection (b); and 
(2) by adding the following new subsection: 
"(g) A member who is in a missing status, as defined in section 
551(2) of title 37, accumulates leave without regard to the sixty-day 
limitation in subsection (b) and the ninety-day limitation in sub-
section (f). Notwithstanding the death of a member while in a miss-
ing status, he continues to earn leave through the date— 
" (1) the Secretary concerned receives evidence that the member 
is dead; or 
"(2) that his death is prescribed or determined under section 
555 of title 37. 
Leave accumulated while in missing status shall be accounted for 
separately. It may not be taken, but shall be paid for under section 
501(h) of title 37. However, a member whose death is prescribed or 
determined under section 555 or 556 of title 37 may, in addition to 
Armed Forces. 
Members in 
missing status, 
leave accumula-
tion. 
76 Stat. 492; 
81 Stat. 782. 
80 Stat. 625. 
80 Stat. 628. 
Post, p. 1318. 
1318 
PUBLIC LAW 92-596-OCT. 27, 1972 
[86 STAT. 
76 Stat. 480. 
Ante, p. 1317-
80 Stat. 625. 
Effective date. 
76 Stat. 518. 
76 Stat. 518. 
10 u s e 135,136. 
70A Stat. 8. 
80 Stat. 460. 
78 Stat. 169. 
76 Stat. 517. 
leave accrued before entering a missing status, accrue not more than 
one hundred and fifty days' leave during the period he is in a missing 
status, unless his actual death occurs on a date when, had he lived, he 
would have accrued leave in excess of one hundred and fifty days, in 
which event settlement will be made for the number of days accrued 
to the actual date of death. Leave so accrued in a missing status shall 
be accounted for separately and paid for under the provisions of 
section 501 of title 37." 
SEC. 2. Section 501 of title 37, United States Code, is amended— 
(1) by striking out "section," in the first sentence of subsection 
(d) and inserting in place thereof "section and for accumulated 
leave under subsection (h) of this section,"; and 
(2) by adding the following new subsection: 
"(h) Payment shall be made for all leave accumulated under sec-
tion 701(g) of title 10 as soon as possible after the name of the 
person concerned is removed from a missing status, as defined in 
section 551 (2) of this title." 
SEC. 3. The first and second sections of this Act become effective as 
of February 28,1961. 
SEC. 4. Chapter 4 of title 10, United States Code, is amended as 
follows: 
(1) Section 134 is amended to read as follows: 
*
*
§ 134. Deputy Secretaries of Defense: appointment; powers and 
duties; precedence 
"(a) There are two Deputy Secretaries of Defense, appointed from 
civilian life by the President, by and with the advice and consent of 
the Senate. A person may not be appointed as a Deputy Secretary of 
Defense within ten years after relief from active duty as a com-
missioned officer of a regular component of an armed force. 
"(b) The Deputy Secretaries shall perform such duties and exercise 
such powers as the Secretary of Defense may prescribe. The Deputy 
Secretaries, in the order of precedence, designated by the President 
shall act for, and exercise the powers of, the Secretary when the 
Secretary is disabled or there is no Secretary of Defense. 
"(c) The Deputy Secretaries take precedence in the Department 
of Defense immediately after the Secretary." 
(2) Sections 135(c) and 136(e) are each amended by striking out 
"Deputy 
Secretary" 
and 
inserting in place thereof 
"Deputy 
Secretaries". 
(3) The item in the analysis relating to section 134 is amended 
to read as follows: 
"134. Deputy Secretaries of Defense: appointment; powers and duties; prece-
dence." 
SEC, 5. Section 171(a)(2) of title 10, United States Code, is 
amended by striking out "the" and inserting in place thereof "a". 
SEC. 6. Section 5313(1) of title 5, LTnited States Code, is amended 
to read as follows: 
"(1) Deputy Secretaries of Defense (2)." 
SEC. 7. Section 303(c) of the Internal Security Act of 1950 (50 
U.S.C. 833(c)) is amended to read as follows: 
"(c) Notwithstanding section 133(d) of title 10, United States 
Code, only the Deputy Secretaries of Defense and the Director of 
the National Security Agency may be delegated any authority vested 
in the Secretary of Defense by subsection (a).". 
Approved October 27, 1972.