text:
Page:United States Statutes at Large Volume 84 Part 2.djvu/626

 1956

Definitions.

Consultation.

Prohibition.

Licensing, exemptions.

PUBLIC LAW 91-657-JAN. 8, 1971

[84

STAT.

SEC. 2. The practice of psychology in the District of Columbia is hereby declared to affect the public health, safety, and welfare, and to be subject to regulation and control in the public interest to protect the public from the practice of psychology by unqualified persons and from unprofessional conduct by persons licensed to practice psychology. SEC. 3. As used in this Act-— (A) "Commissioner"' means the Commissioner of the District of Columbia. (B) "Person" includes an association, partnership, or corporation, as well as natural persons. (C) "Accredited college or university" means any college or university which, in the Commissioner's determination, offers either an acceptable full-time resident graduate program of study in psychology leading to the doctoral degree, or a comparable program. In making his determination concerning domestic educational institutions, the Commissioner shall accredit those institutions included in the listings of approved academic institutions published by the United States Office of Education; in determining what foreign educational institutions shall be accredited the Commissioner may take into account the published lists of recognized accrediting agencies and professional associations. (D) "The practice of psychology" means the rendering of or offering to render to the public for a fee, monetary or otherwise, any service involving the application of established methods and principles of the science and profession of psychology. These principles and methods are concerned with understanding, predicting, and changing behavior, and include, but are not restricted to, the use of counseling and psychotherapy with groups or individuals having adjustment problems in the areas of work, family, school, and personal relationships; measuring, testing, and assessing aptitudes, skills, public opinion attitudes, emotions, personality, and intelligence; teaching, doing research, or lecturing in psychology. (E) "Psychotherapy" means the use of learning or other psychological behavioral modification methods in a professional relationship to assist a person or persons to modify feelings, attitudes, and behavior which are intellectually, socially, or emotionally maladjustive or ineffectual. SEC. 4. All persons licensed or certified under this Act shall assist their clients in obtaining professional help for all relevant aspects of the clients' problem that fall outside of the boundaries of the psychologist's competence. All persons so licensed or certified shall make provision for the diagnosis and treatment of relevant medical problems by an appropriate and qualified medical practitioner, and shall, in instances where a medical problem is involved, collaborate effectively with such a medical practitioner. No person licensed or certified under this Act shall administer or prescribe drugs, or perform surgery or any manual or mechanical treatment whatsoever. SEC. 5. I t shall be unlawful for any person to practice or to offer to practice psychology, or to represent himself to be a psychologist, unless he shall first obtain a license or certificate pursuant to this Act: Provided, however, That the following categories of persons need not obtain a license:

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Page:United States Statutes at Large Volume 84 Part 2.djvu/627

 84 STAT. ]

PUBLIC LAW 91-657-JAN. 8, 1971

(A) A person bearing the title of "psychologist" in the employ of any governmental agency, academic institution, or research laboratory: Provided, That the services performed by such an employee, which services shall not include psychotherapy, are a part of his office or position and are provided only within the confines of the organization or are offered to like organizations. (B) Persons providing services, exclusive of psychotherapy, to the public through governmental organizations, such as clinics., who are compensated by their employer rather than their clients. Persons coming under the exemptions established by subsections (A) and (B) may offer lecture services to the public for a fee but may not offer other psychological services to the public for a fee without having obtained a license. (C) A student intern, or resident in psychology, pursuing a course of study or research with an accredited college, university, or training center: Provided, That such activities are supervised as part of his (•ourse of study, and he is designated by such title as "psychology intern," "psychology trainee," or other title clearly indicating trainee status. (D) A person not licensed as a psychologist under the provisions of this Act employed by a licensed psychologist to assist in the performance of psychological and other services, other than psychotherapy, if such person works under the supervision of the licensed psychologist who assumes full responsibility for his acts, and if such person is not in any manner held out to the public as a psychologist. (E) Qualified members of other established businesses or professions, recognized by the Commissioner, doing work of a psychological nature consistent with their training and with any code of ethics provided by their respective businesses or professions: Provided, That they do not hold themselves out to the public by title or description incorporating the words "psychological," "psychologist," or "psychology," unless licensed under this Act. (F) A psychologist who is not licensed or certified under the provisions of this Act, but (1) who is licensed or certified under the laws of a State or territory of the United States or of a foreign country or province whose standards in the opinion of the Commissioner were substantially equivalent, at the date of his certification or licensure, to the requirements of this Act; or (2) who meets the requirements of subsections (A) and (B) of section 7; and who is employed or invited by a licensed psychologist who is a resident of or maintains a place of work in the District of Columbia to offer professional services in said District for a total of not more than sixty days in any calendar year without holding a license issued under the Act. Upon arrival in the District of Columbia, such an unlicensed psychologist shall report to the Commissioner with respect to the nature and duration of his professional activities in the District as well as the name of the person who has requested him to render services. A psychologist claiming exemption under the provisions of this section who offers professional services in the District of Columbia for more than twenty days in any calendar year shall file with the Commissioner evidence of his right to such exemption. Upon proof of that right to the satisfaction of the Commissioner, the Commissioner shall enter the name of the applicant in a register kept for that purpose and shall issue to the applicant a certificate in evidence of such registration.

1957

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


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Page:United States Statutes at Large Volume 84 Part 2.djvu/628

 1958 Commissioner, duties.

Board of Psychologist Examiners, appointment.

Recordkeeping.

L i c e n s e requirements.

Licenses without examination.

PUBLIC LAW 91-657-JAN. 8, 1971

[84 STAT.

SEC. 6. (A) The Commissioner shall be responsible for reviewing the applications of persons seeking licensure or certification for the practice of psychology in the District of Columbia, for the granting and renewal of such licenses and certificates, for the preparation and administration of oral and written examinations, and for other matters related to the purposes of this Act. (B) The Commissioner may appoint a Board of Psychologist Examiners. Each member of this Board shall be a citizen of the United States, licensed under the provisions of this Act, who shall either be a resident of the District of Columbia or have worked in the District of Columbia for at least two years preceding appointment to the Board. The initial appointees shall be psychologists eligible for licensure under the provisions of this Act. Subsequent appointees shall be persons licensed under the provisions of this Act. (C) The Commissioner shall maintain: (1) a record of licenses and certificates granted and refused and of licenses and certificates revoked or suspended which record shall be available to the public; and (2) a complete record of all hearings conducted pursuant to section 13(B) in connection with the denial, suspension, or revocation of a license. A transcript of an entry in a record of hearing, properly certified, shall be prima facie evidence of the facts therein stated. SEC. 7. The Commissioner shall grant a license to practice psychology to each applicant who submits satisfactory proof that— (A) he is of good moral character; (B) he holds either (1) a doctoral degree in psychology from an accredited college or university and has completed two years of postgraduate experience acceptable to the Commissioner, such two years not to includeffectivernship, or (2) a doctoral degree from an accredited college or university in a field determined by the Commissioner to be related to psychology and has completed two years of postgraduate experience: Provided, That his experience and training are considered by the Commissioner to be comparable to the requirements set forth in (B)(1) of this subsection; (C) he has passed an examination, written or oral or both, the scope and form of which shall be determined by the Commissioner: Provided, That at any given examination session all examinations shall be uniform; and (D) his application has been accompanied by the fees required by the Commissioner. SEC. 8. Within one year from and after the effective date of this Act, a license shall be issued without examination to any applicant who is of good moral character, who either maintains a residence or office, or participates in psychological activities as determined by the Commissioner, within the District of Columbia, who has submitted an application for license accompanied by the required fee, and who holds— (A) a doctoral degree in psychology from an accredited college or university or other doctoral degree acceptable to the Commissioner, and has completed at least two years of postgraduate experience not including terms of internship; or (B) a master's degree in psychology from an accredited college or university, and has engaged in psychological practice acceptable to the Commissioner for at least seven years after the attainment of his highest degree.

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Page:United States Statutes at Large Volume 84 Part 2.djvu/629

 84 STAT. ]

PUBLIC LAW 91-657-JAN. 8, 1971

1959

SEC. 9. The Commissioner may, in his discretion, grant a license without examination: (1) to any person who at the time of application is licensed or certified under the laws of a State or territory of the United States, or of a foreign country or province with standards which, in the opinion of the Commissioner, were substantially equivalent at the date of such certification or licensure to the requirements of this Act, or (2) to any person who has been certified by a national examining board: Provided, That the Commissioner determines that the examination given by the national examining board was as effective for the testing of professional competence as that required in the District of Cohimbia. SEC. 10. (a) The District of Columbia Council is authorized to make regulations to carry out the purposes of this Act but may delegate the responsibility to any Board of Psychologist Examiners which may be appointed. (b) The Commissioner is authorized to fix, increase, or decrease from time to time fees to be charged in such amounts as may be reasonably necessary to defray the approximate cost of administering the provisions of this Act. SEC. 11. Every person licensed or certified to practice psychology who desires to continue the practice of psychology shall annually pay the required fee for which there will be issued a renewal of licensure or certificate. The Commissioner shall provide a written reminder of the renewal date to every person licensed or registered under this Act, which reminder shall be mailed at least one month in advance of such date. A license or certificate not properly renewed as herein provided shall lapse. The Commissioner shall have the right to reinstate a lapsed license or certificate upon payment of the renewal fee plus a penalty fee. A psychologist who wishes to place his license upon an inactive status may do so by submitting notice thereof to the Commissioner. Such a psychologist may reactivate his license by payment of the renewal fee herein required unless his license has been inactive for a period exceeding five years, in which case he will be required to furnish the Commissioner evidence of his competence to continue or resume the practice of psychology. SEC. 12. The Commissioner may refuse, revoke, or suspend licensure ._

.

.«

1

• ',. '

,,'

^-,.

T

or certification it the person applying or the person licensed or certified be— (A) convicted of a crime involving moral turpitude; (B) found to be using any drug or any alcoholic beverage to an extent or in a manner dangerous to himself, any other person, or the public, or to an extent that such use impairs his ability to perform the work of a psychologist wnth safety to the public; (C) convicted of a violation of this Act as provided in section (D) determined to be a mental incompetent by a court with proper jurisdiction; or (E) found to have committed a violation of any provision of this Act or of standards for the ethical practice of psychology to be established in regulations issued by the Government of the District of Columbia.

Licensed or certi'^'^ ^PP^^'^^"*^'

Regulations.

^^^^•

Renewal.

Reinstatement.

Reactivation.

Suspension or r e v o c a t i o n.

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Page:United States Statutes at Large Volume 84 Part 2.djvu/630

 1960 Suspension or revocation proceedings.

Hearing opportunity.

Review.

Appeals. Subpena power.

Penalty.

Enjoinment.

Enforcement. 77 Stat. 519.

Appropriation.

PUBLIC LAW 91-657-JAN. 8, 1971

[84 STAT.

SEC. 13. (A) Proceedings leading toward the suspension or revocation of a license or certificate shall oe begun by petition, setting forth good cause therefor, filed with the Commissioner and served on the respondent. The Commissioner may determine whether a license or certificate shall be suspended or revoked, and if it is to be suspended the duration of such suspension and the conditions under which such suspension shall terminate. Revocation of a license shall not preclude the issuance of a new license or registration after the passage of at least five years. (B) Before the revoking, suspending, or refusing to issue a license or certificate for any cause under the provisions of this Act, the Commissioner shall give the person whose right to practice psychology is challenged an opportunity to be heard in person or by attorney, and to produce witnesses on his behalf. After such hearing, should the Commissioner decide to refuse, revoke, or suspend licensure or certification, he shall set forth in writing his reasons for so doing, and shall include detailed findings of fact. (C) Any person aggrieved by a decision of the Commissioner under subsection (B) of this section may, within thirty days after receiving notice thereof, seek review of said decision in the District of Columbia Court of Appeals. Such review shall be subject to appeal to the United States Court of Appeals for the District of Columbia Circuit. (D) In hearings conducted pursuant to subsection (B) of this section, the attendance and testimony of witnesses may be compelled by subpena. Any person refusing to respond to such a subpena shall be guilty of contempt of court. SEC. 14. Any person who shall practice psychology, as defined in this Act, without having a validj unexpired, unrevoked, and unsuspended license or certificate of registration issued as provided in this Act, shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not more than $500, or confined in jail for not more than six months, or both. Prosecutions shall be in the name of the District of Columbia by the Corporation Counsel or one of his assistants. SEC. 15. The unlawful practice of psychology, as defined in this Act, may be enjoined by the United States District Court for the District of Columbia on petition by the Corporation Counsel for the District of Columbia, upon a finding that the person sought to be enjoined has committed a violation of the provisions of this Act. In any such proceeding it shall not be necessary to show that any person is individually injured by the actions complained of. If the respondent is found guilty of the unlawful practice of psychology, the court shall enjoin him from so practicing unless and until he has been duly licensed. The remedy by injunction herein given may be imposed in addition to, or in lieu of, criminal prosecution and punishment as provided in section 14 of this Act. SEC. 16. I t shall be the duty of the Commissioner of the District of Columbia to enforce the provisions of this Act. SEC. 17. Section 14-307 of title 14 of the District of Columbia Code shall apply with respect to any person licensed or certified under this Act to the same extent that such section applies to physicians and surgeons. SEC. 18. There is hereby authorized to be appropriated out of the revenue of the District of Columbia such sums as may be necessary to pay the expenses of administering and carrying out the purposes of this Act.

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Page:United States Statutes at Large Volume 84 Part 2.djvu/631

 84 STAT. ]

PUBLIC LAW 91-658-JAN. 8, 1971

SEC. 19. If any section of this Act, or any part thereof shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of any section or part thereof. SEC. 20. This Act shall become effective ninety days after the date of its enactment. Approved January 8, 1971.

1961

separability.

Effective date.

Public Law 91-658 AN ACT January 8, 1971

To amend chapter 83 of title o, United States Code, relating to survivor annuities under the civil service retirement program, and for other purposes.

[s. 4 37]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section civu service 8332(f) of title 5, United States Code, is amended by inserting imme- '^^sur^vor' diately after the first sentence thereof the following new sentence: annuities. "An employee or former employee who returns to duty after a period ^^ ^'^'* ^^^* of separation is deemed, for the purpose of this subsection, to have been in a leave of absence without pay for that part of the period in which he was receiving benefits under subchapter I of chapter 81 of this title or any earlier statute on which such subchapter is based.'". ^ ^'^*^ "•' SEC. 2 (a) Section 8339(i) of title 5, United States Code, is,,^^^^f,^^f amended by striking out "his spouse'" and inserting in lieu thereof "any spouse surviving him". (b) Section 8339(j) of title 5, United States Code, is amended— (1) by inserting " (1) " immediately after " (j) "; and (2) by adding at the end thereof the following new paragraph: "(2) An employee or Member, who is unmarried at the time of retiring under a provision of law which permits election of a reduced annuity with a survivor annuity payable to his spouse and who later marries, may irrevocably elect, in a signed writing received in the Commission within 1 year after he marries, a reduction in his current annuity as provided in subsection (i) of this section. His reduced annuity is effective the first day of the month after his election is received in the Commission. The election voids prospectively any election previously made under paragraph (1) of this subsection.". SEC. 3. (a) Section 8341(a) of title 5, United States Code, is amended— (1) by inserting "and" at the end of paragraph (2)(B); (2) by striking out paragraph (3); and (3) by renumbering paragraph (4) as paragraph (3). (b) Section 8341(b) of title 5, United States Code, is amended to read as follows: " (b)(1) Except as provided in paragraph (2) of this subsection, if an employee or Member dies after having retired under this subchapter and is survived by a spouse to whom he was married at the time of retirement, or by a widow or widower whom he married after retirement, the spouse, widow, or widower is entitled to an annuity equal to 55 percent, or 50 percent if retired before October 11, 1962, of an annuity computed under section 8339(a)-(h) of this title as «i^°,^*^*;,"'^^^ il Stat. 214, 64:!. may apply with respect to the annuitant, or of such portion thereof as may have been designated for this purpose under section 8339(i) of this title, unless the employee or Member has notified the Commission in wanting at the time of retirement that he does not desire any spouse surviving him to receive this annuity.

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Page:United States Statutes at Large Volume 84 Part 2.djvu/632

 1962

Ante, p. 1961.

Termination.

80 Stat. 577; 83 Stat. 140.

80 Stat. 574; 81 Stat, 642. 5 USC 8339.

Termination.

Reemployed annuitants. 80 Stat. 5 8 1; 81 Stat. 217.

PUBLIC LAW 91-658-JAN. 8, 1971

[84

STAT.

"(2) If an annuitant— " (A) who retired before April 1, 1948; or " (B) who elected a reduced annuity provided in paragraph (2) of section 8339(j) of this title; dies and is survived by a widow or widower, the widow or widower is entitled to an annuity in an amount which would have been paid had the annuitant been married to the widow or widower at the time of retirement. "(3) A spouse acquired after retirement is entitled to a survivor annuity under this subsection only upon electing this annuity instead of any other survivor benefit to which he may be entitled under this subchapter or another retirement system for Government employees. The annuity of the spouse, widow, or widower under this subsection commences on the day after the annuitant dies. This annuity and the right thereto terminate on the last day of the month before the spouse, widow, or widower— " (A) dies; or " (B) remarries before becoming 60 years of age.". (c) Section 8341(d) of title 5, United States Code, is amended to read as follows: " (d) If an employee or Member dies after completing at least 18 months of civilian service, his widow or widower is entitled to an annuity equal to 55 percent of an annuity computed under section 8339 (a) - (e) and (h) of this title as may apply with respect to the employee or Member, except that, in the computation of the annuity under such section, the annuity of the employee or Member shall be at least the smaller of— " (1) 40 percent of his average pay; or "(2) the sum obtained under such section after increasing his service of the type last performed by the period elapsing between the date of death and the date he would have become 60 years of age. The annuity of the widow or widower commences on the day after the employee or Member dies. This annuity and the right thereto terminate on the last day of the month before the widow or widower— " (A) dies; or " (B) remarries before becoming 60 years of age.". (d) Section 8341(e)(2) of title 5, United States Code, is amended by striking out "subsection (a)(4) " and inserting in lieu thereof "subsection (a)(3)". SEC. 4. Section 8344(a) of title 5, United States Code, is amended by striking out the last sentence and inserting in lieu thereof the following: "If the annuitant is receiving a reduced annuity as provided in section 8339(i) or section 8339(j)(2) of this title, the increase in annuity payable under subparagraph (A) of this subsection is reduced by 10 percent and the survivor annuity payable under section 8341(b) of this title is increased by 55 percent of the increase in annuity payable under such subparagraph (A), unless, at the time of claiming the increase payable under such subparagraph (A), the annuitant notifies the Commission in writing that he does not desire the survivor annuity to be increased. If the annuitant dies while still reemployed, the survivor annuity payable is increased as though the reemployment had otherwise terminated. If the annuitant dies while still reemployed and the described reemployment had continued for at least 5 years, the person entitled to survivor annuity under section 8341(b) of this title may elect to deposit in the Fund and have his rights redetermined under this subchapter.".

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 84 STAT. ]

PUBLIC LAW 91-658-JAN. 8, 1971

1963

SEC. 5. (a) The amendment made by the first section of this Act is Effective date. effective only with respect to annuity accruing for full months beginning after the date of enactment of this Act; but any part of a period of separation referred to in such amendment in which the employee or former employee was receiving benefits under subchapter I of chapter 81 of title 5, United States Code, or any earlier statute on which such ^"ul'^^^gfoi^; subchapter is based shall be counted whether the employee returns to duty before, on, or after such date of enactment. With respect to any person retired before such date of enactment, any such part of a period of separation shall be counted only upon application of the former employee. (b) The amendments made by sections 2(a) and B of this Act shall not apply in the cases of employees. Members, or annuitants who died before the date of enactment of this Act. The rights of such persons and their survivors shall continue in the same manner and to the same extent as if such amendments had not been enacted. (c) The amendments made by section 2(b) of this Act shall apply to an annuitant who was unmarried at the time of retiring, but who later married, only if the election is made within 1 year after the date of enactment of this Act. (d) The amendment made by section 4 of this Act shall apply only with respect to a reemployed annuitant whose employment terminates on or after the date of enactment of this Act. SEC. 6. The Act of August 25, 1958 (72 Stat. 838; 3 U.S.C. 102, ^ ^°™"Pf^^^",, ,.

l

i

e

n

d e n t s, lifetime a.l-

note), IS amended as follows: lowance. (1) Subsection (a) is amended to read as follows: " (a) Each former President shall be entitled for the remainder of his life to receive from the United States a monetary allowance at a rate per annum, payable monthly by the Secretary of the Treasury, which is equal to the annual rate of basic pay, as in effect from time to time, of the head of an executive department, as defined in section 101 of title 5, United States Code. However, such allowance shall not ^"^^' P- '^^s. be paid for any period during which such former President holds an appointive or elective office or position in or under the Federal Government or the government of the District of Columbia to which is attached a rate of pay other than a nominal rate."; (2) Subsection (e) is amended to read as follows: widows, "(e) The widow of each former President shall be entitled to ^ °'^^"'=^receive from the United States a monetary allowance at a rate of $20,000 per annum, payable monthly by the Secretary of the Treasury, if such widow shall waive the right to each other annuity or pension to which she is entitled under any other Act of Congress. The monetary allowance of such widow— "(1) commences on the day after the former President dies; "(2) terminates on the last day of the month before such Termination. widow— " (A) dies; or " (B) remarries before becoming 60 years of age; and "(3) is not payable for any period during which such widow holds an appointive or elective office or position in or under the Federal Government or the government of the District of Columbia to which is attached a rate of pay other than a nominal rate."; and (3) Subsection (f) is amended to read as follows:

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Page:United States Statutes at Large Volume 84 Part 2.djvu/634

 1964 "Former President."

u s e prec. title 1.

PUBLIC LAW 91-659-JAN. 8, 1971

[84 STAT.

''(f) As used in this section, the term 'former President' means a person— "(1) who shall have held the office of President of the United States of America; "(2) whose service in such office shall have terminated other than Dy removal pursuant to section 4 of article II of the Constitution of the United States of America; and ''(3) who does not then currently hold such office,". Approved January 8, 1971.

Public Law 91-659 January 8, 1971 [H. R. 10517]

Taxes. Distille d spirits. 7 2 Stat. 1323. 26 USC 5008.

72 Stat. 1314; 79 Stat. 150.

AN ACT To amend certain provisions of the Internal Revenue Code of 1954 relating to distilled spirits, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United Sates of America in Congress assembled. That section 5008(c) (1)(A) of the Internal Revenue Code of 1954 is amended by striking out '•; or"' and inserting in lieu thereof '", or (iii) by reason of accident while on the distilled spirits plant premises and amounts to 10 proof gallons or more in respect of any one accident; or". SEC. 2. (a)(1) The first sentence of section 5008(b)(2) of the Internal Revenue Code of 1954 is amended to read as follows: "Any distilled spirits withdrawn from bond on payment or determination of tax for rectification or bottling may, before removal from the bottling premises of the distilled spirits plant to which removed from bond or after return to such bottling premises, on application to the Secretary or his delegate, be destroyed after such gauge and under such supervision as the Secretary or his delegate may by regulations prescribe." (2) The second sentence of such section 5008(b)(2) is amended by striking out "the tax imposed under section 5001(a)(1)" and inserting in lieu thereof "the taxes imposed under section 5001(a)(1) or under subpart B or this part". (b) Section 5008(c)(5) of such Code is amended to read as follows: "(5)

72 Stat. 1364; 79 Stat. 161.

DISTILLED SPIRITS RETURNED TO BOTTLING PREMISES.—Dis-

tilled spirits withdrawn from bond on payment or determination of tax for rectification or bottling which are removed from bottling premises and subsequently returned to the premises from which removed may be dumped and gauged after such return under such regulations as the Secretary or his delegate may prescribe, and subsequent to such gauge shall be eligible for allowance of loss under this subsection as though they had not been removed from such bottling premises." (c)(1) Section 5215(a) of such Code is amended to read as follows: " (a) GENERAL.—On such application and under such regulations as the Secretary or his delegate may prescribe, distilled spirits withdrawn from bonded premises on payment or determination of tax (other than products to which any alcoholic ingredients other than such distilled spirits have been added) may be returned to the bonded premises of a distilled spirits plant. Such returned distilled spirits shall be destroyed, denatured, or redistilled, or shall be mingled as authorized in section 5234(a)(1) (other than subparagraph (C) thereof). All provisions of this chapter applicable to distilled spirits in bond shall be applicable to distilled spirits returned to bonded premises under the provisions of this section on such return."

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 84 STAT. ]

PUBLIC LAW 91-659-JAN. 8, 1971

(2) Section 5215(b) is repealed. ^ (3) Subsection (c) of section 5215 is redesignated as subsection (b). SEC. 3. (a) Subpart E of part 1 of subchapter A of chapter 51 of the Internal Revenue Code of 1954 is amended by redesignating section 5066 as section 5067 and by inserting after section 5065 the following new section:

196; Repeal. ^ J*|^- g^^^^^-

"SEC. 5066. DISTILLED SPIRITS FOR USE OF FOREIGN EMBASSIES, LEGATIONS, ETC. "(a)

ENTRY INTO CUSTOMS BONDED WAREHOUSES.— "(1) DISTILLED SPIRITS BOTTLED I N BOND FOR EXPORT.—Under

such regulations as the Secretary or his delegate may prescribe, distilled spirits bottled in bond for export under the provisions of section 5233 may be withdrawn from bonded premises as provided in section 5214(a)(4) for transfer to customs bonded warehouses in which imported distilled spirits are permitted to be stored in bond for entry therein pending withdrawal therefrom as provided in subsection (b). For the purposes of this chapter, the withdrawal of distilled spirits from bonded premises under the provisions of this paragraph shall be treated as a withdrawal for exportation and all provisions of law applicable to distilled spirits withdrawn for exportation under the provisions of section 5214(a)(4) shall apply with respect to spirits withdrawn under this paragraph.

72 Stat. 1366.

"(2) BOTTLED DISTILLED SPIRITS ELIGIBLE FOR EXPORT WITH BENE-

FIT OF DRAWBACK.—Under such regulations as the Secretary or his delegate may prescribe, distilled spirits stamped or restamped, and marked, especially for export under the provisions of section 5062(b) may be shipped to a customs bonded warehouse in which imported distilled spirits are permitted to be stored, and entered in such warehouses pending withdrawal therefrom as provided in subsection (b), and the provisions of this chapter shall apply in respect of such distilled spirits as if such spirits were for exportation. "(3) T I M E DEEMED EXPORTED.—For the purposes of this chapter, distilled spirits entered into a customs bonded warehouse as provided in this subsection shall be deemed exported at the time so entered. '"(b)

WITHDRAWAL

FROM

CUSTOMS BONDED WAREHOUSES.—Not

withstanding any other provisions of law, distilled spirits entered into customs bonded warehouses under the provisions of subsection (a) or domestic distilled spirits transferred to customs bonded warehouses under section 5521(d)(2) may, under such regulations as the Secretary or his delegate may prescribe, be withdrawn from such warehouses for consumption in the United States by and for the official or family use of such foreign governments, organizations, and individuals who are entitled to withdraw imported distilled spirits from such warehouses free of tax. Distilled spirits transferred to customs bonded warehouses under the provisions of this section shall be entered, stored, and accounted for in such warehouses under such regulations and bonds as the Secretary or his delegate may prescribe, and may be withdrawn therefrom by such governments, organizations, and individuals free of tax under the same conditions and procedures as imported distilled spirits. "(c) WITHDRAWAL FOR DOMESTIC USE.—Distilled spirits entered into customs bonded warehouses as authorized by this section may be withdrawn therefrom for domestic use, in which event they shall be treated as American goods exported and returned.

82 Stat. 1328.

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 1966

PUBLIC LAW 91-659-JAN. 8, 1971

[84 STAT.

" (d) SALE OR UNAUTHORIZED U S E PROHIBITED.—No distilled spirits

72 Stat. 1314. use 5001.

withdrawn from customs bonded warehouses or otherwise brought into the United States free of tax for the official or family use of such foreign governments, organizations, or individuals as are authorized to obtain distilled spirits free of tax shall be sold, or shall be disposed of or possessed for any use other than an authorized use. -j^lie provisions of section 5001(a)(5) are hereby extended and made applicable to any person selling, disposing of, or possessing any distilled spirits in violation of the preceding sentence, and to the distilled spirits mvolved in any such violation." (b) The table of sections for such subpart E is amended by striking out— "Sec. 5066. Cross reference."

and inserting in lieu thereof "Sec. 5066. Distilled spirits for use of foreign embassies, legations, etc. "Sec. 5067. Cross reference."

Effective date.

SEC. 4. (a) Section 5173(b) of the Internal Revenue Code of 1954 is amended by adding at the end thereof the following new paragraph: "(4) INVOLUNTARY LIEN.—In the case of a judgment, or other lien imposed on the property subject to lien under section 5004 (b)(1) without the consent of the distiller, the distiller may file bond, approved by the Secretary or his delegate, in the amount of such judgment or other lien to indemnify the United States for any loss resulting from such encumbrance." (b) Section 5173(b)(1) of such Code is amended by inserting "or to any judgment or other lien covered by a bond given under paragraph (4) " after "bond given under subparagraph (C) " in the first parenthetical matter. (c) Section 5173(b)(2) of such Code is amended by inserting "or (4) " after "paragraph (1)(C) ". SEC. 5. Section 5178(a)(4)(A) of the Internal Revenue Code of 1954 is amended to read as follows: " (A) The proprietor of a distilled spirits plant authorized to store distilled spirits in casks, packages, cases, or similar portable approved containers on bonded premises— " (i) may establish a separate portion of such premises for the bottling in bond of distilled spirits under section 5233 prior to payment or determination of tax, or "(ii) may elect to use facilities on his bottling premises established under subparagraph (B) or (C) for bottling in accordance with the conditions and requirements of section 5233 and under the supervision provided for in section 5202 (g), but after determination of tax. Distilled spirits bottled after determination of the internal revenue tax under clause (ii) shall be stamped and labeled in the same manner as distilled spirits bottled before determination of tax under clause (i). " ggc. 6. This Act shall take effect on the first day of the first calendar month which begins more than 90 days after the date of the enactment of this Act.

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19e;7

SEC. 7. AMENDMENTS OF SECTION 5232. (a) The first sentence of section 52S2(a) (relating to transfer of imported distilled spirits) is amended to read as follows: "Distilled spirits imported or brought into the United States in bulk containers may, under such regulations as the Secretary shall prescribe, be withdrawn from customs custody and transferred in such bulk containers or by pipeline to the bonded premises of a distilled spirits plant without payment of the internal revenue tax imposed on such distilled spirits." (b) Section 5232(b) (relating to withdrawals) is amended by striking out "Imported distilled spirits" and inserting in lieu thereof "Distilled spirits". Approved January 8, 1971.

26 USC 523^2"

Public Law 91-660 AN ACT To provide for the establishment of the Gulf Islands National Seashore, in the States of Florida and Mississippi, for the recognition of certain historic values at Fort San Carlos, Fort Redoubt, Fort Barrancas, and Fort Pickens in Florida, and Fort Massachusetts in Mississippi, and for other purposes.

[H. R. 10874]

Be it enacted by the Senate and House of Representatives of the Gulf I United States of America in Congress assembled, That, in order to Nationals lands preserve for public use and enjoyment certain areas possessing out- seashore. standing natural, historic, and recreational values, the Secretary of Establishment. the Interior (hereinafter referred to as the "Secretary") may establish and administer the Gulf Islands National Seashore (hereinafter referred to as the "seashore"). The seashore shall comprise the following gulf coast islands and mainland areas, together with adjacent water areas as generally depicted on the drawing entitled "Proposed Boundary Plan, Proposed Gulf Islands National Seashore," numbered N S - G I - T I O O J, and dated December 1970: (1) Ship, Petit Bois, and Horn Islands in Mississippi; (2) the eastern portion of Perdido Key in Florida; (3) Santa Rosa Island in Florida; (4) the Naval Live Oaks Reservation in Florida; (5) Fort Pickens and the Fort Pickens State Park in Florida; and (6) a tract of land in the Pensacola Naval Air Station in Florida that includes the Coast Guard Station and Lighthouse, Fort San Carlos, Fort Barrancas, and Fort Redoubt and sufficient surrounding land for proper administration and protection of the historic resources. SEC. 2, (a) Within the boundaries of the seashore, the Secretary Lands, waters, may acquire lands, waters, and interests therein by donation, purchase acquisition. with donated or appropriated funds, or exchange, except that property owned by a State or any political subdivision thereof may be acquired only with the consent of the owner. The Secretary may acquire by any of the above methods not more than one hundred thirty-five acres of land or interests therein outside of the seashore boundaries on the mainland in the vicinity of Biloxi-Gulfport, Mississippi, for an administrative site and related facilities for access to the seashore. With the concurrence of the agency having custody thereof, any Federal property within the seashore and mainland site may be transferred without consideration to the administrative jurisdiction of the Secretary for the purposes of the seashore.

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 1968 Residential property, right of u s e and occupancy.

"Improved residential property,"

Termination.

Hunting and fishing.

Oil and gas rights-of-way.

Administration. 39 Stat. 535.

PUBLIC LAW 91-660-JAN. 8, 1971

[84 STAT.

(b) With respect to improved residential property acquired for the purposes of this Act, which is beneficially owned by a natural person and which the Secretary of the Interior determines can be continued in that use for a limited period of time without undue interference with the administration, development, or public use of the seashore, the owner thereof may on the date of its acquisition by the Secretary retain a right of use and occupancy of the property for noncommercial residential purposes for a term, as the owner may elect, ending either (1) at the death of the owner or his spouse, whichever occurs later, or (2) not more than twenty-five years from the date of acquisition. Any right so retained may during its existence be transferred or assigned. The Secretary shall pay to the owner the fair market value of the property on the date of such acquisition, less their fair market value on such date of the right retained by the owner. (c) As used in this Act, "improved residential property" means a single-family year-round dwelling, the construction of which began before January 1, 1967, and which serves as the owner's permanent place of abode at the time of its acquisition by the United States, together with not more than three acres of land on which the dwelling and appurtenant buildings are located that the Secretary finds is reasonably necessary for the owner's continued use and occupancy of the dw^elling: Provided, That the Secretary may exclude from improved residential property any marsh, beach, or waters and adjoining land that the Secretary deems is necessary for public access to such marsh, beach, or waters. (d) The Secretary may terminate a right of use and occupancy retained pursuant to this section upon his determination that such use and occupancy is being exercised in a manner not consistent with the purposes of this Act, and upon tender to the holder of the right an amount equal to the fair market value of that portion of the right which remains unexpired on the date of termination. SEC. 3. The Secretary shall permit hunting and fishing on lands and waters within the seashore in accordance with applicable Federal and States laws: Provided, That he may designate zones where, and establish periods when, no hunting or fishing will be permitted for reasons of public safety, administration, fish or wildlife management, or public use and enjoyment. Except in emergencies, any regulations issued by the Secretary pursuant to this section shall be put into effect only after consultation with the appropriate State agencies responsible for hunting and fishing activities. SEC, 4. Any acquisition of lands, waters, or interests therein shall not diminish any existing rights-of-way or easements which are necessary for the transportation of oil and gas minerals through the seashore which oil and gas minerals are removed from outside the boundaries thereof; and, the Secretary^ subject to appropriate regulations for the protection of the natural and recreational values for which the seashore is established, shall permit such additional rightsof-way or easements as he deems necessary and proper. SEC, 5, Except as otherwise provided in this Act, the Secretary shall administer the seashore in accordance with the Act of August 25, 1916 (30 Stat, 535), as amended and supplemented (16 U.S.C. 1 et seq,). In the administration of the seashore the Secretary may utilize such statutory authorities available to him for the conservation and management of wildlife and natural resources as he deems appropriate to carry out the purposes of this Act, With respect to Fort Eedoubt, Fort San Carlos, Fort Barrancas at Pensacola Naval Air Station, Fort Pickens on Santa Rosa Island, and Fort McRee on Perdido Key, Florida, and Fort Massachusetts on Ship Island, Mississippi, together with

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PUBLIC LAW 91-660-JAN. 8, 1971

such adjacent lands as the Secretary may designate, the Secretary shall administer such lands so as to recognize, preserve, and interpret their national historical significance in accordance with the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-467), and he may designate them as national historic sites. The Act of July 2, 1948 (62 Stat. 1220), which provided for the establishment of the Pensacola National Monument, is hereby repealed. SEC. 6. The Secretary of the Interior and the Secretary of the Army may cooperate in the study and formulation of plans for beach erosion control and hurricane protection of the seashore. Any such protective works or spoil deposit activities undertaken by the Chief of Engineers, Department of the Army, shall be carried out within the seashore in accordance with a plan that is acceptable to the Secretrtty of the Interior and that is consistent with the purposes of this Act. SEC. 7. There are hereby transferred from the National Wildlife Refuge System to the seashore the Horn Island and Petit Bois National Wildlife Eefuges to be administered in accordance with the provisions of this Act. SEC. 8. Within four years from the date of the enactment of this Act, the Secretary of the Interior shall review the area within the Gulf Islands National Seashore and shall report to the President, in accordance with subsections 3(c) and 3 (d) of the Wilderness Act (78 S t a t 890; 16 U.S.C. 1132 (c) and (d)), and recommend as to the suitability or nonsuitability of any area within the seashore for preservation as wilderness, and any designation of any such area as a wilderness shall be accomplished in accordance with said subsections of the Wilderness Act. SEC. 9. No provision of this Act, or of any other Act made applicable thereby, shall be construed to affect, supersede, or modify any authority of the Department of the Army or the Chief of Engineers, with respect to navigation or related matters except as specifically provided in section 6 of this Act. SEC. 10. There is hereby established a Gulf Islands National Seashore Advisory Commission. The Commission shall terminate ten years after the date the seashore is established pursuant to this Act. The Commission shall be composed of three members from each county in which the seashore is located, each appointed for a term of two years by the Secretary as follows: (1) one member to be appointed from recommendations made by the county commissioners in the respective counties; (2) one member to be appointed from recommendations made by the Governor of the State from each county; and (3) one member to be designated by the Secretary from each county. Provided, That two members shall be appointed to the Advisory Commission in each instance in counties whose population exceeds one hundred thousand. The Secretary shall designate one member to be Chairman. Any vacancy in the Commission shall be filled in the same manner in which the original appointment was made. Members of the Commission shall serve without compensation as such. The Secretary is authorized to pay the expenses reasonably incurred by the Commission in carrying out its responsibilities under this Act on vouchers signed by the Chairman. The Secretary or his designee shall, from time to time, consult with the Commission with respect to the matters relating to the development of the Gulf Islands National Seashore.

1969

f epeai

16 USC 450gg,

B e a c h erosion control, study.

Land transfer.

Review. p^esidelt'"

j^^^^J^^f^^""^^ se^ash"re Advisory e^t'^b'iTshment, membership.

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 1970 Appropriation.

PUBLIC LAW 91^61-JAN. 8, 1971

[84

STAT.

SEC. 11. There are authorized to be appropriated not more than $3,120,000 for the acquisition of lands and interests in lands and not more than $14,779,000 (1970 prices) for development, {)lus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indices applicable to the types of construction involved herein. Approved January 8, 1971.

Public Law 91-661 January 8, 1971 [H. R, 10482]

Voyageurs National Park, Minn.

AN ACT To authorize the establishment of the Voyageurs National Park in the State of Minnesota, 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 purpose of this Act is to preserve, for the inspiration and enjoyment of present and future generations, the outstanding scenery, geological conditions, and waterway system which constituted a part of the historic route of the Voyageurs who contributed significantly to the opening of the Northwestern United States. ESTABLISHMENT

Publication in Federal Register.

Notification to congressional committees. Boundaries.

Boundary revision; publication in Federal Register,

SEC. 101. In furtherance of the purpose of this Act, the Secretary of the Interior (hereinafter referred to as the "Secretary") is authorized to establish the Voyageurs National Park (hereinafter referred to as the "park") in the State of Minnesota, by publication of notice to that effect in the Federal Register at such time as the Secretary deems sufficient interests in lands or waters have been acquired for administration in accordance with the purposes of this Act: Provided, That the Secretary shall not establish the park until the lands owned by the State of Minnesota and any of its political subdivisions within the boundaries shall have been donated to the Secretary for the purposes of the p a r k: Provided further, That the Secretary shall not acquire other lands by purchase for the park prior to such donation unless he finds that acquisition is necessary to prevent irreparable changes in their uses or character of such a nature as to make them unsuitable for park purposes and notifies the Committees on Interior and Insular Affairs of both the Senate and the House of Representatives of such findings at least thirty days prior to such acquisition. SEC. 102. The park shall include the lands and waters within the boundaries as generally depicted on the drawing entitled "A Proposed Voyageurs National Park, Minnesota," numbered L N P M W - V O Y A 1001, dated February 1969, which shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior. Within one year after acqjLiisition of the lands owned by the State of Minnesota and its political subdivisions within the boundaries of the park the Secretary shall affix to such drawing an exact legal description of said boundaries. The Secretary may revise the boundaries of the park from time to time by publishing in the Federal Register a revised drawing or other boundary description, but such revisions shall not increase the land acreage within the park by more than one thousand acres. LAND ACQUISITION

SEC. 201. (a) The Secretary may acquire lands or interests therein within the boundaries of the park by donation, purchase with donated or appropriated funds, or exchange. When any tract of land is only

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PUBLIC LAW 91-661-JAN. 8, 1971

1971

partly within such boundaries, the Secretary may acquire all or any portion of the land outside of such boundaries in order to minimize the payment of severance costs. Land so acquired outside of the park boundaries may be exchanged by the Secretary for non-Federal lands within the park boundaries. Any portion of land acquired outside the park boundaries and not utilized for exchange shall be reported to the General Services Administration for disposal under the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as Jj° "sc 471 amended. Any Federal property located within the boundaries of the park may be transferred without consideration to the administrative jurisdiction of the Secretary for the purposes of the park. Lands within the boundaries of the park owned by the State of Minnesota, or any political subdivision thereof, may be acquired only by donation. (b) I n exercising his authority to acquire property under this section, the Secretary shall give immediate and careful consideration to any offer made by any individual owning property within the park area to sell such property to the Secretary. In considering such offer, the Secretary shall take into consideration any har-dship to the owner which might result from any undue delay in acquiring his property. SEC. 202. (a) Any owner or owners (hereinafter referred to as "owner") of improved property on the date of its acquisition by the Secretary may, if the Secretary determines that such improved property is not, at the time of its acquisition, required for the proper administration of the park, as a condition of such acquisition, retain for themselves and their successors or assigns a right of use and occupancy of the improved property for noncommercial residential purposes for a definite ter-m not to exceed twenty-five years, or, in lieu thereof, for a term ending at the death of the owner, or the death of his spouse, whichever is later. The owner shall elect the term to be retained. The Secretary shall pay to the owner the fair market value of the property on the date of such acquisition less the fair market value on such date of the right retained by the owner. (b) If the State of Minnesota donates to the United States any ^^eht of use lands within the boundaries of the park subject to an outstanding ^" occupancy, lease on which the lessee began consti-uction of a noncommercial or recreational residential dwelling prior to January 1, 1969, the Secretary may grant to such lessee a right of use and occupancy for such period of time as the Secretary, in his discr-etion, shall determine: Provided, That no such right of use and occupancy shall be granted, extended, or continue after ten years from the date of the establishment of the park. (c) Any right of use and occupancy retained or granted pursuant Termination. to this section shall be subject to termination by the Secretary upon his determination that such use and occupancy is being exercised in a manner not consistent with the purposes of this Act, or upon his determination that the property is required for the proper administration of the park. The Secretary shall tender to the holder of the light so terminated an amount equal to the fair market value of that portion of the right which remains unexpired on the date of termination. (d) The term "improved property'', as used in this section, shall ^'^l^f^\°)^^ mean a detached, noncommercial residential dwelling, the construc- property. tion of which was begun before January 1, 1969, together with so much of the land on which the dwelling is situated, the said land being in the same ownership as the dwelling, as the Secretary shall designate to be reasonably necessary for the enjoyment of the dwelling for the sole purpose of noncommercial residential use, together with any structures accessory to the dwelling which are situated on the land so designated. 47-348 O - 72 - 41 (Pt. 2)

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 1972 Concession contracts.

Commercial timberlands, differential payment.

PUBLIC LAW 91-661-JAN. 8, 1971

[84 STAT.

SEC. 203. Notwithstanding any other provision of law, the Secretary is authorized to negotiate and enter into concession contracts with former owners of commercial, recreational, resort, or similar properties located within the park boundaries for the provision of such services at their former location as he may deem necessary for the accommodation of visitors. SEC. 204. The Secretary is authorized to pay a differential in value, as hereinafter set forth, to any owner of commercial timberlands within the park with whom the State of Minnesota has negotiated, for the purpose of conveyance to the United States, an exchange of lands for State lands outside the park. Payment hereunder may be made when an exchange is based upon valuations for timber purposes only, and shall be the difference between the value of such lands for timber purposes, as agreeable to the State, the Secretary, and any owner, and the higher value, if any, of such lands for recreational purposes not attributable to establishment or authorization of the p a r k: Provided, That any payment shall be made only at such time as fee title of lands so acquired within the boundaries is conveyed to the United States. ADMINISTRATION

SEC. 301. (a) Except as hereinafter provided, the Secretary shall administer the lands acquired for the park, and after establishment shall administer the park, in accordance with the provisions of the Act of August 25, 1916 (39 Stat. 535) as amended and supplemented Review. Report to President.

Prohibition.

Recreational fishing.

Recreational sports.

(leU.S.C.i^). (b) Within four years from the date of establishment, the Secretary of the Interior shall review the area within the Voyageurs National Park and shall report to the President, in accordance with subsections 3(c) and 3(d) of the Wilderness Act (78 Stat. 890; 16 U.S.C. 1132 (c) and (d)), his recommendation as to the suitability or nonsuitability of any area within the lakeshore for preservation as wilderness, and any designation of any such area as a wilderness may be accomplished in accordance with said subsections of the Wilderness Act. (c) All mining and mineral activities and commercial water power development within the boundaries of the park shall be prohibited, and further, any conveyance from the State of Minnesota shall contain a covenant that the State of Minnesota, its licensees, permittees, lessees, assigns, or successors in interest shall not engage in or permit any mining activity nor water power development. SEC. 302. (a) The Secretary shall permit recreational fishing on lands and waters under his jurisdiction within the boundaries of the park in accordance with applicable laws of the United States and of the State of Minnesota., except that the Secretary may designate zones where and establish periods when no fishing shall be permitted for reasons of public safety, administration, fish and wildlife management, or public use and enjoyment. Except in emergencies, any regulations of the Secretary pursuant to this section shall be put into effect only after consultation with the appropriate agency of the State of Minnesota. (b) The seining of fish at Shoepac Lake by the State of Minnesota to secure eggs for propagation purposes shall be continued in accordance with plans mutually acceptable to the State and the Secretary. SEC. 303. The Secretary may, when planning for development of the park, include appropriate provisions for (1) winter sports, including the use of snowmobiles, (2) use by seaplanes, and (3) recreational use by all types of watercraft, including houseboats, runabouts, canoes, sailboats, fishing boats, and cabin cruisers.

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PUBLIC LAW 91-662-JAN. 8, 1971

SEC. 304. Nothing in this Act shall be construed to affect the provisions of any treaty now or hereafter in force between the United States and Great Britain relating to Canada or between the United States and Canada, or of any order or agreement made or entered into pursuant to any such treaty, which by its terms would be applicable to the lands and waters which may be acquired by the Secretary hereunder, including, without limitation on the generality of the foregoing, the Convention Between the United States and Canada on Emergency Regulation of Level of Rainy Lake and of Other Boundary Waters in the Rainy Lake "Watershed, signed September 15, 1938, and any order issued pursuant thereto. SEC. 305. The Secretary is authorized to make provision for such roads within the park as are, or will be, necessary to assure access from present and future State roads to public facilities within the park.

1973

54 Stat. 1800. Access roads.

APPROPRIATIONS

SEC. 401. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act, not to exceed, however, $26,014,000 for the acquisition of property, and not to exceed $19,179,000 (June 1969 prices) for development, plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indices applicable to the types of construction involved herein. Approved January 8, 1971.

Public Law 91-662 AN ACT

,

„,„.,,

January 8, 1971

To amend the Tariff Act of 1930 and the United States Code to remove the prohibitions against importing, transporting, and mailing in the United States mails articles for preventing conception.

[H. R. 4605]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first sen- contraceptives. tence of section 305(a) of the Tariff Act of 1930 (19 U.S.C. 1305(a)) hibuLnZ^re!" is amended by striking out "for the prevention of conception or". movai. SEC. 2. Section 552 of title 18 of the United States Code is amended 62 stat! 7is! by striking out "preventing conception or". SEC. 3. Section 1461 of title 18 of the United States Code is amended: ^2 Stat. 768. (1) by striking out "preventing conception or" each place it appears, (2) by striking out "conception may be prevented or" in the fourth paragraph thereof, and (3) by inserting "may be" before the word "produced" in the fourth paragraph thereof. SEC. 4. Section 1462 of title 18 of the United States Code is amended ^'^ ^'^'' i^^by striking out "preventing conception, or". SEC. 5. (a) Section 4001 of title 39 of the United States Code, relat- Nonmailable ing to nonmailable matter, is amended by adding at the end thereof ""^rstat. 654; the following new subsection: si Stat. 623; ' " (d)(1) Any matter which is unsolicited by the addressee and ^°^''P-^^^'*which is designed, adapted, or intended for preventing conception (except unsolicited samples thereof mailed to a manufacturer thereof, a dealer therein, a licensed physician or surgeon, or a nurse, pharmacist, druggist, hospital, or clinic) is nonmailable matter, shall not be carried or delivered by mail, and shall be disposed of as the Postmaster General directs.

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 1974

^2 Stat. 962. " ^'^' '

Ante, p. 745.

Repeal-

PUBLIC LAW 91-662-JAN. 8, 1971

[84 STAT.

"(2) Any unsolicited advertisement of matter which is designed, adapted, or intended for preventing conception is nonmailable matter, shall not be carried or delivered by mail, and shall be disposed of as the Postmaster General directs unless the advertisement— " (A) is mailed to a manufacturer of such matter, a dealer therein, a licensed physician or surgeon, or a nurse, pharmacist, druggist, hospital, or clinic; or " (B) accompanies in the same parcel any unsolicited sample excepted by paragraph (1) of this subsection. An advertisement shall not be deemed to be unsolicited for the purposes of this paragraph if it is contained in a publication for which the addressee has paid or promised to pay a consideration or which he has otherwise indicated he desires to receive." (b) The eighth paragraph of section 1461 of title 18 of the United States Code is amended by inserting "or section 4001(d) of title 39" after "this section". SEC. 6. Effective on the date that the Board of Governors of the United States Postal Service establishes as the effective date for section 3001 of title 39 of the United States Code, as enacted by the Postal Keorgauization Act— (1) such section 3001 is amended— (A) by redesignating subsection (e) as (f); and (B) by inserting after subsection (d) the following new subsection: " (e)(1) Any matter which is unsolicited by the addressee and which is designed, adapted, or intended for preventing conception (except unsolicited samples thereof mailed to a manufacturer thereof, a dealer therein, a licensed physician or surgeon, or a nurse, pharmacist, druggist, hospital, or clinic) is nonmailable matter, shall not be carried or delivered by mail, and shall be disposed of as the Postal Service directs. "(2) Any unsolicited advertisement of matter which is designed, adapted, or intended for preventing conception is nonmailable matter, shall not be carried or delivered by mail, and shall be disposed of as the Postal Service directs unless the advertisement— " (A) is mailed to a manufacturer of such matter, a dealer therein, a licensed physician or surgeon, or a nurse, pharmacist, druggist, hospital, or clinic; or " (B) accompanies in the same parcel any unsolicited sample excepted by paragraph (1) of this subsection. An advertisement shall not be deemed to be luisolicited for the purl)Oses of this paragraph if it is contained in a publication for which the addressee has paid or promised to pay a consideration or which he has otherwise indicated he desires to receive."; (2) section 4001(d) of title 39 of the Ignited States Code, as added by section 5(a) of this Act, is repealed; and (3) the eighth paragraph of section 1461 of title 18 of the United States Code, as amended by section 5(b) of this Act, is amended by striking out "4001(d)" and inserting in lieu thereof ••3001(e)".

Effective date.

<^j,(^.^ "J 'pj^g amendments made by this Act (other than by section 6) shall take effect on the day after the date of the enactment of this Act. Approved January 8, 1971.

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PUBLIC LAW 91-663-JAN. 8, 1971

1975

Public Law 91-663 AN ACT

January 8, 1971

To authorize the Secretary of Transportation to provide financial assistance to certain railroads in order to preserve essential rail services, and for other purposes.

[H. R. 19953]

Be it enacted by the Senate and House of Representatives of the Emergency United States of America in Congress assembled, That this Act may g e r v i c e s Act be cited as the "Emergency Rail Services Act of 1970". 1970.

Rail of

DEFINITIONS

SEC. 2. For the purposes of this Act— (1) "Secretary" means the Secretary of Transportation. (2) "Commission" means the Interstate Commerce Commission. (3) "Railroad" means any common carrier by railroad subject to part I of the Interstate Commerce Act (49 U.S.C. 1-27). (4) "Certificate" means certificates issued by trustees of a railroad pursuant to subsection 77(c)(3) of the Bankruptcy Act, as amended (11 U.S.C. 205 (C)(3)).

24 Stat. 379. 65 Stat. 606.

FINANCIAL

ASSISTANCE

SEC. 3. (a) The trustees of any railroad undergoing reorganization under section 77 of the Bankruptcy Act, as amended (11 U.S.C. 205), ^^ Stat. 911. upon approval of the court, may apply to the Secretary for the guarantee of certificates. The Secretary, after consultation with the Commission, is authorized to guarantee such certificates upon findings in writing that— (1) cessation of essential transportation services by the railroad would endanger the public welfare; (2) cessation of such services is imminent; (3) there is no other practicable means of obtaining funds to meet payroll and other expenses necessary to provide such services than the issuance of such certificates; (4) such certificates cannot be sold without a guarantee; (5) the railroad can reasonably be expected to become selfsustaining; and (6) the probable value of the assets of the railroad in the event of liquidation provides reasonable protection to the United States. The Secretary shall publish notice of his intention to make such Publication in finding in the Federal Register not less than fifteen days prior to ^'^'^^'"^^ Registe.such finding, give interested persons, including agencies of the Federal Government, an opportunity to submit written data, views, or arguments (with or without opportunity for oral presentation), and give consideration to the relevant matter presented. The Secretary for good cause shown and upon a finding that extraordinary circumstances warrant doing so may waive the requirements of the preceding sentence. (b) As a condition to a guarantee, the Secretary, after consultation conditions. with the Commission, shall require that: (1) the proceeds of the sale of certificates guaranteed under this Act will be used solely for meeting payroll and other expenses which, if not met, would preclude continued provision of essential transportation services by the railroad; (2) other revenues of the railroad will be used, to the fullest extent possible, for such expenses;

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 1976

S4 Stat. 905. 49 USC 5.

30 Stat. 544, 11 USC 1 note. 49 Stat. 922. 11 USC 205. Interest rate.

Limitation.

PUBLIC LAW 91-663-JAN. 8, 1971

[84 STAT.

(3) proceeds from the sale of assets will be devoted to the fullest extent possible to the provision of essential transportation services by the railroad; and (4) in the event of actual or threatened cessation of essential transportation services by the railroad, the Secretary shall have the option to procure by purchase or lease trackage rights over the lines of the railroad and such equipment as may be necessary to provide such services by the Secretary or his assignee, and, in the event of a default in the payment of principal or interest as provided by the certificates, the money paid or expenses incurred by the United States as a result thereof shall be deemed to have been applied to the purchase or lease price. The terms of purchase or lease shall be subject to the approval of the reorganization court and the operation over the lines shall be subject to the approval of the Commission pursuant to the provisions of section 5 of the Interstate Commerce Act, but in no event shall the rendition of services by the Secretary or his assignee await the outcome of proceedings before the reorganization court or the Commission. (c) The Secretary shall not guarantee any certificate unless the certificate is treated as an expense of administration and receive the highest lien on the railroad's property and priority in payment under the Bankruptcy Act. The rights referred to in the last sentence of section 77(j) of the Bankruptcy Act shall in no way be affected by this Act. (d) A certificate under this Act shall bear interest at such per annum rate as the Secretary deems reasonable, taking into account the range of interest rates prevailing in the private market for similar loans and the risks assumed by the Federal Government; nor may its maturity date, including all extensions and renewals thereof, be later than fifteen years from the date of original issuance. The Secretary may prescribe such other terms and conditions as he deems appropriate. I n each case, the Secretary shall consider the feasibility of requiring the railroad to dispose of nonrailroad assets as a condition to a guarantee. (e) At any one time the outstanding aggregate principal amount of all certificates guaranteed under this Act shall not exceed $125,000,000. (f) The Secretary shall issue such rules and regulations as are appropriate to carry out the authority granted by this Act. ACCESS TO CARRY RECORDS

SEC. 4. The Secretary is authorized to, and shall as necessary, inspect and copy all accounts, books, records, memorandums, correspondence, and other documents of any railroad which has received financial assistance under this Act concerning any matter which may bear upon (1) the ability of such railroad to repay the loan within the time fixed therefor, (2) the interest of the United States in the property of such railroad, and (3) to insure that the purpose of this Act is being carried out. AUTHORIZATION TO ISSUE OBLIGATIONS

SEC. 5. (a) To enable the Secretary to carry out his rights and responsibilities under section 3 of this Act, he is authorized to issue to the Secretary of the Treasury notes or other obligations in such forms and denominations, bearing such maturities, and subject to such terms and conditions, as may be prescribed by the Secretary with the approval of the Secretary of the Treasury. Such notes or other obligations shall bear interest at a rate determined by the Secretary

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1977

of the Treasury, taking into consideration the current average market yield on outstanding marketable obligations of the United States of comparable maturities during the month preceding the issuance of the notes or other obligations. The Secretary of the Treasury shall purchase any notes and other obligations issued hereunder and for that purpose he is authorized to use as a public debt transaction the roceeds from the sale of any securities issued under the Second Stat. 288. liberty Bond Act, as amended, and the purposes for which securities 40 USC 774. 31 may be issued under that Act, as amended, are extended to include any purchase of such notes and obligations. The Secretary of the Treasury may at any time sell any of the notes or other obligations acquired by him under this subsection. All redemptions, purchases, and sales by the Secretary of the Treasury of such notes or other obligations shall be treated as public debt transactions of the United States. There are authorized to be appropriated to the Secretary Appropriation,, such sums as may be necessary to pay the principal and interest on the notes or obligations issued by him to the Secretary of the Treasury. (b) Any guarantee made by the Secretary under this Act shall not be terminated, canceled, or otherwise revoked, except as provided by the terms and conditions prescribed by the Secretary under section S(d) of this Act; shall be conclusive evidence that such guarantee complies fully with the provisions of this Act, and of the approval and legality of the principal amount, interest rate, and all other terms of the certificates and the guarantee; and shall be valid and incontestable in the hands of a holder of a guaranteed certificate except for fraud or material misrepresentation on the part of such holder. (c) The Attorney General shall take such action as may be appropriate to enforce any right accruing to the United States by reason of its having paid money or incurred expenses as a result of making such guarantees.

E

ASSISTANCE O F DEPARTMENTS AND OTHER AGENCIES

SEC. 6. (a) I n carrying out the provisions of this Act the Secretary may use available services and facilities of other departments, agencies, and instrumentalities of the Federal Government with their consent and on a reimbursable basis, and shall consult with the Interstate Commerce Commission in carrying out the provisions of this Act. (b) Departments, agencies, and instrumentalities of the Federal Government shall exercise their powers, duties, and functions in such manner as will assist in carrying out the provisions of this Act. COURT SUPERVISION

SEC. Y. In addition to other duties prescribed by section 77 of the Bankruptcy Act, the court shall maintain supervision of the expendi- '•^ ^'^t- ^n. ture of funds obtained pursuant to section 3 for the purpose of assur- "u^<^ ^os. ing that such funds are used solely for purposes set forth in subsection (b) of such section, shall make periodic findings regarding such expenditures, and shall report those findings to the Secretary. AUDIT

SEC. 8. The Comptroller General of the United States, or any of his duly authorized representatives, shall have access to such information, books, records, and documents as he determines necessary effectively to audit financial transactions and operations carried out by the Secretary in the administration of this Act. The Comptroller General shall ^ Report to make such reports to the Congress on the results of any such audits °"^'^^^^" as are appropriate.

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[84

STAT.

GUARANTEE F E E S

SEC. 9. The Secretary shall prescribe a guarantee fee in connection with each loan guaranteed under this Act which shall be collected from the railroad upon repayment of the loan guaranteed. Such fee shall be in an amount that the Secretary estimates to be necessary to cover the administrative costs of carrying out the provisions of this Act with respect to such loan. Sums realized from such fees shall be deposited in the Treasury as miscellaneous receipts. REPORTS Annual reports to President and Congress

SEC. 10. The Secretary shall make an annual report to the President and the Congress with respect to his activities pursuant to this Act, including an evaluation of the financial conditions of railroads which have outstanding certificates guaranteed under this Act. The Secretary shall also make a report to the President and the Congress on the financial condition of each railroad having a loan guaranteed under this Act ninety days after the making of such guarantee and annually thereafter throughout the existence of such loan. Approved January 8, 1971.

Public Law 91-664 January 8, 1971 [H. R. 19342]

Chesapeake and Ohio Canal Development Act.

AN ACT To esteblish and develop the Chesapeake and Ohio Canal National Historical Park, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act shall be known as the "Chesapeake and Ohio Canal Development Act''. DEFINITIONS

SEC. 2. As used in this Act— (a) " P a r k " means the Chesapeake and Ohio Canal National Historical Park, as herein established. (b) "Canal" means the Chesapeake and Ohio Canal, including its towpath. (c) "Secretary" means the Secretary of the Interior. (d) "State" means any State, and includes the District of Columbia. (e) "Local government" means any political subdivision of a State, including a county, municipality, city, town, township, or a school or other special district created pursuant to State law. (f) "Person" means any individual, partnership, corporation, private nonprofit organization, or club. (g) "Landowner" means any person, local government, or State owning, or on reasonable grounds professing to own, lands or interests in lands adjacent to or in the vicinity of the park. ESTABLISHMENT OF P A R K Boundaries.

SEC. 3. (a) In order to preserve and interpret the historic and scenic features of the Chesapeake and Ohio Canal, and to develop the potential of the canal for public recreation, including such restoration as may be needed, there is hereby established the Chesasake and Ohio Canal National Historical Park, in the States of aryland and West Virginia and in the District of Columbia. The park as initially established shall comprise those particular properties in Federal ownership, containing approximately five thousand

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two hundred and fifty acres, including those properties along the line of the Chesapeake and Ohio Canal in the State of Maryland and appurtenances in the State of West Virginia designated as the Chesapeake and Ohio Canal National Monument, and those properties along the line of the Chesapeake and Ohio Canal between Rock Creek in the District of Columbia and the terminus of the Chesapeake and Ohio Canal National Monument near the mouth of Seneca Creek in the State of Maryland. The boundaries of the park shall be as generally depicted on the drawing entitled "Boundary Map, Proposed dhesapeake and Ohio Canal National Historical Park," in five sheets, numbered C H O H 91,000, and dated October 1969, which is on file and available for public inspection in the offices of the National Park Service, Department of the Interior: Provided, That no lands owned by any State shall be included in the boundaries of the park— (1) unless they are donated to the United States, or (2) until a written cooperative agreement is negotiated by the Secretary which assures the administration of such lands in accordance with established administrative policies for national parks, and (3) until the terms and conditions of such donation or cooperative agreement have been forwarded to the Committees on Interior and Insular Affairs of the United States House of Representatives and Senate at least sixty days prior to being executed. The exact boundaries of the park shall be established, published, and otherwise publicized within eighteen months after the date of this Act and the owners of property other than property lying between the canal and the Potomac River shall be notified within said period as to the extent of their property included in the park. (b) Within the boundaries of the park, the Secretary is authorized to acquire lands and interests therein by donation, purchase with donated or appropriated funds, or exchange, but he shall refrain from acquiring, for two years from the date of the enactment of this Act, any lands designated on the boundary map for acquisition by any State if he has negotiated and consummated a written cooperative agreement with such State pursuant to subsection (a) of this section. COOPERATIVE

AGREEMENTS

SEC. 4. The Secretary shall take into account comprehensive local or State development, land use, or recreational plans affecting or relating to areas in the vicinity of the canal, and shall, wherever practicable, consistent with the purposes of this Act, exercise the authority granted by this Act in a manner which he finds will not conflict with such local or State plans. ACCESS

SEC. 5. (a) The enactment of this Act shall not affect adversely any valid rights heretofore existing, or any valid permits heretofore issued, within or relating to areas authorized for inclusion in the park. (b) Other uses of park lands, and utility, highway, and railway crossings, may be authorized under permit by the Secretary, if such uses and crossings are not in conflict with the purposes of the park and are in accord with any requirements found necessary to preserve park values. (c) Authority is hereby granted for individuals to cross the park by foot at locations designated by the Secretary for the purpose of gaining access to the Potomac River or to non-Federal lands for hunting purposes: Provided, That while such individuals are within

1979

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[84 STAT.

the boundaries of the park firearms shall be unloaded, bows unstrung, and dogs on leash. ADVISORY

Establishment,

SEC. 6. (a) Therc is hereby established a Chesapeake and Ohio Canal National Historical Park Commission (hereafter in this section referred to as the "Commission"). (b) The Commission shall be composed of nineteen members appointed by the Secretary for terms of five years each, as follows: (1) Eight members to be appointed f I'om recommendations submitted by the boards of commissioners or the county councils, as the case may be, of Montgomery, Frederick, Washington, and Allegany Counties, Maryland, of which two members shall be appointed from recommendations submitted by each such board or council, as the case may be; (2) Eight members to be appointed from recommendations submitted by the Governor of the State of Maryland, the Governor of the State of West Virginia, the Governor of the Commonwealth of Virginia, and the Commissioner of the District of Columbia, of which two members shall be appointed from recommendations submitted by each such Governor or Commissioner, as the case may be; and (3) Three members to be appointed by the Secretary, one of whom shall be designated Chairman of the Commission and two of whom shall be members of regularly constituted conservation organizations. (c) Any vacancy in the Commission shall be filled in the same manner in which the original appointment was made. (d) Members of the Commission shall serve without compensation, as such, but the Secretary is authorized to pay, upon vouchers signed by the Chairman, the expenses reasonably incurred by the Commission and its members in carrying out their responsibilities under this Act. (e) The Secretary., or his designee, shall from time to time but at least annually, meet and consult with the Commission on general policies and specific matters related to the administration and development of the park. (f) The Commission shall act and advise by affirmative vote of a majority of the members thereof. (g) The Commission shall cease to exist ten years from the effective date of this Act. ADMINISTRATION

39 Stat. 535.

COMMISSION

AND

APPROPRIATIONS

SEC. 7. The Chesapeake and Ohio Canal National Historical Park shall be administered by the Secretary of the Interior in accordance ^ i t h the Act of August 25, 1916 (30 Stat. 535; 16 U.S.C. 1, 2-A), as amended and supplemented. SEC. 8. (a) Any funds that may be available for purposes of administration of the Chesapeake and Ohio Canal property may hereafter be used by the Secretary for the purposes of the park. (b) There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act, not to exceed $20,400,000 for land acquisition and not to exceed $17,000,000 (1970 prices) for development, plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indices applicable to the types of construction involved herein. Approved January 8, 1971.

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1981

Public Law 91-665 AN ACT Making supplemental appropriations for the fiscal year ending June 30, 1971, and for other purposes.

,

„,„,.,

January 8, 1971 [H. R. 19928]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following ATo^riruon^s' sums are appropriated out of any money in the Treasur}^ not other- Act, 1971. wise appropriated, to supply supplemental appropriations (this Act may be cited as the "Supplemental Appropriations Act, 1971") for the fiscal year ending June 30, 1971, and for other purposes, namely: CHAPTER I DEPARTMENT OF AGRICULTURE AGRICULTURAL STABILIZATION AND CONSERVATION SERVICE INDEMNITY PAYMENTS TO DAIRY FARMERS

For an additional amount for "Indemnity Payments to Dairy Farmers", in accordance with subsections (a) and (b) of section 204 of the Agriculture Act of 1970, which qualifies processors for indemnity payments under certain conditions, $300,000. CHAPTER II DEPARTMENT OF DEFENSE RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, NAVY

For an additional amount, $3,000,000. CHAPTER III DISTRICT OF COLUMBIA FEDERAL FUNDS FEDERAL P A Y M E N T TO THE

DISTRICT OF COLUMBIA

For an additional amount for "Federal payment to the District of Columbia", for the general fund of the District of Columbia, $11,794,000. DISTRICT OF COLUMBIA FUNDS GENERAL OPERATING EXPENSES

For an additional amount for "General operating expenses", $776,000. PUBLIC SAFETY

For an additional amount for "Public safety", $22,763,000, of which $9,861,000 shall be available for the fiscal year 1970.

Ante, p. 1361,,

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EDUCATION

For an additional amount for "Education", $20,197,000, of which $9,772,000 shall be available for the fiscal year 1970: Provided, That the certificate of the President of the District of Columbia Teachers College shall be sufficient voucher for the expenditure from this appropriation for such purposes as he may deem necessary but not to exceed $1,000. H I G H W A Y S A N D TRAFFIC

For an additional amount for "Highways and traffic", $56,000, which shall be payable from the highway fund. SANITARY ENGINEERING

For an additional amount for "Sanitary engineering'', $503,000, of which $163,800 shall be payable from the water fund and $22,200 from the sanitary sewage works fund. SETTLEMENT OF CLAIMS A N D SUITS

D.c. Code '•'°'-

For payment of property damage claims in excess of $500 and of personal injury claims in excess of $1,000, approved by the Commissioner in accordance with the provisions of the Act of February 11, 1929, as amended (45 Stat. 1160; 46 Stat. 500; 65 Stat. 131), $7,225. CAPITAL OUTLAY

For an additional amount for "Capital outlay", to remain available until expended, $10,612,000, of which $1,140,000 shall be payable from the water fund: Provided., That $335,000 shall be available for construction services by the Director of General Services or by contract for architectural engineering services, as may be determined by the Commissioner. DIVISION o r

EXPENSES

The sums appropriated herein for the District of Columbia shall be paid out of the general fund of the District of Columbia, except as otherwise specifically provided. RELATED AGENCY COMMISSION ON THE ORGANIZATION OF THE GOVERNMENT OF THE D I S T R I C T OF C O L U M B I A SALARIES A N D EXPENSES

Ante, p. 845.

For expenses necessary to carry out Title I of the Act of September 22, 1970 (Public Law 91-405), establishing the Commission on the Organization of the Government of the District of Columbia, $325,000, to remain available until expended.

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1983

CHAPTER IV FOREIGN OPERATIONS F I N D S APPROPRIATED TO THE PRESIDENT MILITARY ASSISTANCE MILITARY C R E D I T SALES TO ISRAEL

For expenses, not otherwise provided for, necessary to enable the President to finance sales of defense articles and defense services to Israel, as authorized by law, $500,000,000. MILITARY ASSISTANCE

For an additional amount for "Military assistance'', $340,000,000: Provided, That this appropriation shall be available only upon enactment into law of authorizing legislation: Provided further, That obligations incurred from funds appropriated herein shall not exceed the total amount authorized in H.R. 19911, or similar legislation. ECONOMIC ASSISTANCE SUPPORTING A S S I S T A N C E

For an additional amount for "Supporting assistance", $155,000,000: Provided, That this appropriation shall be available only upon enactment into law of authorizing legislation: Provided further, That obligations incurred from funds appropriated herein shall not exceed the total amount authorized in H.R. 19911, or similar legislation. CONTINGENCY FUND

For the additional amount for "Contingency funds", $7,500,000: Provided. That this appropriation shall be available only upon enactment into law of authorizing legislation. EXPORT-IMPORT B A N K OF THE UNITED STATES LIMITATION ON ADMINISTRATIVE EXPENSES

In addition to the amount otherwise made available for entertainment allowances for members of the Board of Directors, for the curi-ent fiscal year, $8,000 shall be available for such purposes. EXCESS FOREIGN CURRENCIES FOR PAKISTAN

For assistance for relief, rehabilitation and reconstruction in East Pakistan in addition to funds otherwise available for such purposes, such amounts of Pakistani rupees as the Treasury Department determines to be excess to the normal requirements of the United States on the date of enactment of this Act, such amounts to remain available for a period of one year from the date of enactment of H.R. 19911, or similar legislation.

^"'*' P- ^^'*2.

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CHAPTER V INDEPENDENT OFFICES CIVIL SERVICE COMMISSION SALARIES AND EXPENSES

note ^^^ ^^^

For an additional amount for "Salaries and expenses", for necessary expenses of administration of the retirement and insurance programs, $485,000, to be transferred from the trust funds "Civil service retirement and disability fund", "Employees life insurance fund", "Employees health benefits fund", and "Eetired employees health benefits fund", in such amounts as may be determined by the Civil Service Commission; and $130,000 shall be available in addition to the amount of limitation othervt^ise available under this head for expenses in the current fiscal year to carry out the provisions ^^ Executive Order 10422 of January 9, 1953, as amended. PAYMENT TO CIVIL SERVICE RETIREMENT AND DISABILITY FUND

siltlT'is?^'"''

For financing the unfunded liability of new and increased annuity benefits becoming effective on or after October 20, 1969, as authorized ^y ^ U.S.C. 8348, $157,816,600, to be credited to the civil service retirement and disability fund. FEDERAL TRADE COMMISSION SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses", $250,000. GENERAL SERVICES ADMINISTRATION OPERATING E X P E N S E S, PUBLIC BUILDINGS SERVICE

72ltTt%lV'

For an additional amount for "Operating expenses, Public Buildings Service", $8,000,000: Provided, That this appropriation and the "Buildings management fund" (40 U.S.C. 490(f)), shall be available for employment of guards for all buildings and areas owned or occupied by the United States and under the charge and control of the General Services Administration or the Post Office Department (or the Postal Service), and such guards shall have, with respect to such property, the powers of special policemen provided by the first section of the Act of June 1, 1948 (62 Stat. 281; 40 U.S.C. 318), but shall not be restricted to certain Federal property as otherwise required by the proviso to said section: Provided further, That the limitation on the amounts deposited for Administrative operations in the Administrative Operations Fund for the current fiscal year is increased by the amount of the administrative expenses appropriated herein. AUTOMATIC DATA PROCESSING FUND

79 Stat. 1127.

To increase the capital of the Automatic data processing fund, authorized to be established by section 111 of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 759), $20,000,000, to remain available without fiscal year limitation.

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PUBLIC LAW 91-665-JAN. 8, 1971 ADDITIONAL COURT F A C I L I T I E S

For an additional amount for expenses, not otherwise provided for, to provide, directly or indirectly, additional space, facilities and courtrooms for the judiciary, including alteration and extension of Government-owned buildings and acquisition of additions to sites of such buildings; rents; furniture; furnishings and equipment; repair and alteration of rented space; moving Government agencies in connection with the assignment and transfer of space; preliminary planning; preparation of drawings and specifications by contract or otherwise; and administrative expenses; $19,150,000, to remain available until expended: Provided, That not to exceed $104,000 of the foregoing amount shall be available for administrative operations in the Administrative Operations Fund in addition to amounts otherwise available for such purposes. SITES A N D E X P E N S E S, P U B L I C B U I L D I N G S P R O J E C T S

For an additional amount for "Sites and expenses, public buildings projects", $2,452,000, to remain available until expended. EXECUTIVE OFFICE OF THE PRESIDENT COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF ENVIRONMENTAL QUALITY SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses", $500,000. F U N D S APPROPRIATED TO THE PRESIDENT APPALACHIAN REGIONAL DEVELOPMENT PROGRAM

For an additional amount for "Appalachian Regional Development Programs", $8,500,000, to remain available until expended. DEPARTMENT OF DEFENSE CIVIL DEFENSE CONSTRUCTION OF FACILITIES, CIVIL DEFENSE

For an additional amount for "Construction of facilities. Civil befense", $496,000, to remain available until expended.

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT URBAN RESEARCH AND TECHNOLOGY

For an additional amount for "Urban research and technology" $15,000,000, to remain available until June 30, 1972.

1985

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