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 404 Report to Congress.

P e r s o n n e l inc r e a s e, limitation.

Notification to Congress.

Manpower conversion. 10 USC 138 note.

PUBLIC LAW 93-365-AUG. 5, 1974

[88 STAT.

Secretary of Defense shall report to Congress within 60 days after the date of enactment of this Act on the manner in which this reduction is to be apportioned among the military services and the activities and agencies of the Department of Defense and among the mission categories described in the Manpower Requirements Report. This report shall include the rationale for each reduction. (b) I n computing the authorized end strength for civilian personnel there shall be included all direct-hire civilian personnel employed to perform military functions administered by the Department of Defense (other than those performed by the National Security Agency) whether in permanent or temporary positions and whether employed on a full-time, part-time, or intermittent basis, but excluding special employment categories for students and disadvantaged youth such as the stay-in-school campaign, the temporary summer aid program and the Federal junior fellowship program and personnel participating in the worker-trainee opportunity program. Whenever a function, power, or duty or activity is transferred or assigned to a department or agency of the Department of Defense from a department or agency outside of the Department of Defense or from a department or agency within the Department of Defense, the civilian personnel end strength authorized for such departments or agencies of the Department of Defense affected shall be adjusted to reflect any increases or decreases in civilian personnel required as a result of such transfer or assignment. (c) When the Secretary of Defense determines that such action is necessary in the national interest, he may authorize the employment of civilian personnel in excess of the immber authorized by subsection (a) of this section, but such additional number may not exceed one half of one per centum of the total immber of civilian personnel authorized for the Department of Defense by subsection (a) of this section. The Secretary of Defense shall promptly notify the Congress of any authorization to increase civilian personnel strength under the authority of this subsection. SEC. 502. I t is the sense of Congress that the Department of Defense shall use the least costly form of manpower that is consistent with military requirements and other needs of the Department of Defense. Therefore, in developing the annual manpower authorization requests to the Congress and in carrying out manpower policies, the Secretary of Defense shall, in particular, consider the advantages of converting from one form of manpower to another (military, civilian, or private contract) for the performance of a specified job. A full justification of any conversion from one form of manpower to another shall be contained in the annual manpower requirements report to the Congress required by section 138(c)(3) of title 10, United States Code. TITLE VI—MILITARY TRAINING STUDENT LOADS SEC. 601. (a) For the fiscal year beginning July 1, 1974, and ending June 30, 1975, each component of the Armed Forces is authorized an average military training student load as follows: (1) The Army, 97,638; (2 The Navy, 71,279; (3) The Marine Corps, 26,262; (4 The Air Force, 52,900; (5 The Army National Guard of the United States, 12,111; (6) The Army Reserve, 6,673; (7) The Naval Reserve, 2,536; (8) The Marine Corps Reserve, 3,403; (^) The Air National Guard of the United States, 2,359; and (10) The Air Force Reserve, 1,126.

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405

(b) The average military training student loads for the Army, the Navy, the Marine Corps, and the Air Force and the Reserve components prescribed in subsection (a) of this section for the fiscal year ending June 30, 1975, shall be adjusted consistent with the manpower strengths provided in title III, title IV, and title V of this Act. Such adjustment shall be apportioned among the Army, the Navy, the Marine Corps, and the Air Force and the Reserve Components in such manner as the Secretary of Defense shall prescribe. TITLE VII—GENERAL PROVISIONS SEC. 701. (a) Paragraph (1) of section 401(a) of Public Law 89-367, approved March 15, 1966 (80 Stat. 37), as amended, is amended to read as follows: "(1) There is authorized to be appropriated as a single appropriation to the Department of Defense for the fiscal year ending June 30, 1975, the sum of $1,000,000,000, including $263,860,000 for procurement of aircraft, missiles, tracked combat vehicles, and other weapons, to support South Vietnamese military forces. Such appropriation shall be administered and accounted for as one fund and may be obligated only by the issuance of orders by the Secretary of Defense for such support. Funds appropriated pursuant to this section shall be deemed obligated at the time the Secretary of Defense issues orders authorizing support of any kind to South Vietnamese military forces. No support herein authorized may be made available in any manner unless pursuant to a specific order issued by the Secretary." (b) That portion of paragraph (2) of such section 401(a) which precedes clause (A) is amended to read as follows: " ('2) No defense article may be furnished to the South Vietnamese forces with funds authorized under this or any other Act unless the Government of the Republic of South Vietnam shall have agreed that—". (c) Section 401 of such Public Law 89-367 is amended by striking out subsections (b), (c), and (d) and inserting in lieu thereof the following: "(b) No funds authorized by this or any other Act to or for use by the Department of Defense may be obligated in the fiscal year ending June 30. 1975, for support of South Vietnamese military forces in any amount in excess of the amount of $1,000,000,000, "(c) Any obligation incurred against funds authorized under this section shall, in the case of nonexce?s materials and supplies furnished from the inventory of the Department of Defense, be equal to the replacement cost thereof at the time such obligation is incurred, and in the case of excess materials and supplies, be equal to the actual value thereof at the time such obligation is incurred. " (d) No funds authorized by this section may be used in any way to support Vietnamese or other forces in actions designed to provide military support and assistance to the Government of Cambodia or Laos. " (e) Within 30 days after the end of each quarter of the fiscal year, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a written report regarding actual obligations incurred against funds appropriated pursuant to this section. Such report shall indicate the different purposes for which such obligations were incurred and the amounts thereof, together with such other information as the Secretary determines appropriate." SEC. 702. Subsection (b) of section 7307 of title 10, United States Code, is amended to read as follows:

38-194 O - 76 - 29 Pt. 1

Funds, availability for South Vietnamese forces.

Limitation.

N o n e x c e s s and e x c e s s materials and s u p p l i e s.

Cambodia and Laos,

Report to cong r e s s i o n a l committees.

Naval v e s s e l s, disposal restrictions.

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 406

Notification to congressional committees.

Congressional s e s s i o n, continuity.

Dogs, u s e for r e s e a r c h, prohibition.

Island of Culebra, naval training operations, restrictions.

Enlistment. Ante, p. 234.

Minuteman miss i l e flight t e s t, restriction.

Foreign goods, procurement restrictions.

PUBLIC LAW 93-365-AUG. 5, 1974

[88 STAT.

"(b)(1) After the date of enactment of this paragraph, no naval vessel in excess of 2,000 tons or less than 20 years of age may be sold, leased, granted, loaned, bartered, transferred, or otherwise disposed of to another nation unless the disposition thereof has been approved by law enacted after such date of enactment. " (2) After the date of enactment of this paragraph, any naval vessel not subject to the provisions of paragraph (1) may be sold, leased, granted, loaned, bartered, transferred, or otherwise disposed of to another nation in accordance with applicable provisions of law only after the Secretary of the Navy, or his designee, has notified the Committees on Armed Services of the Senate and the House of Representatives in writing of the proposed disposition and 30 days of continuous session of Congress have expired following the date on which notice was transmitted to such committees. For purposes of this paragraph, the continuity of a session of Congress is broken only by an adjournment of the Congress sine die, and the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computation of such 30-day period." SEC. 703. Notwithstanding any other provision of law, no funds authorized to be appropriated pursuant to this Act may be used for research, testing, and/or evaluation of poisonous gases, radioactive materials, poisonous chemicals, or biological or chemical warfare agents upon dogs for the purpose of developing biological or chemical weapons. SEC. 704. Section 204 of Public Law 93-166 is amended by adding at the end thereof a new subsection as follows: "(e) Notwithstanding any other provision of law, the conduct by the Department of the Navy of training operations at the Culebra complex involving the firing of any shells, missiles, or other projectiles from ships or the dropping of any bombs, sitrafing, firing of rockets or missiles, or the launching of any other projectiles from aircraft at Culebra or at any keys within three nautical miles thereof is pi-ohibited during any period of time that the negotiations required by subsection (b) have been ended on the initiative of the United States Government prior to the conclusion of a satisfactory agreement. I n the conduct of the negotiations required by subsection (b) the Secretary of the Navy shall not agree to any relocation of training operations from the Island of Culebra which would be rendered ineffective by any international agreement on the law of the sea which may become international law within three years after the date of the enactment of this Act." SEC. 705. Section 401 of the Department of Defense Supplemental Appropriations Authorization Act, 1974, is amended by striking out the period at the end of such section and inserting in lieu thereof the following: "when his enlistment is needed to meet established strength requirements.". SEC. 706. None of the funds authorized by this Act may be used for the purpose of carrying out any proposed flight test (including operational base launch) of the Minuteman missile from any place within the United States other than Vandenberg Air Force Base, Lompoc, California. SEC. 707. (a) No funds authorized to be appropriated by this or any other Act may be obligated under a contract entered into by the Department of Defense after the date of the enactment of this Act for procurement of goods which are other than American goods unless, under regulations of the Secretary of Defense and subject to the determinations and exceptions contained in title III of the Act of

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407

PUBLIC LAW 93-365-AUG. 5, 1974

March 3, 1933, as amended (47 Stat. 1520; 41 U.S.C. 10a, 10b), popularly known as the Buy American Act, there is adequate consideration given to— (1) the bids or proposals of firms located in labor surplus areas in the United States as designated by the Department of Labor which have offered to furnish American goods; (2) the bids or proposals of small business firms in the United States which have offered to furnish American goods; (3) the bids or proposals of all other firms in the United States which have offered to furnish American goods; (4) the United States balance of payments; (5) the cost of shipping goods which are other than American goods; and (6) any duty, tariff, or surcharge which ma,y enter into the cost of using goods which are other than American goods. (b) For purposes of this section, the term "goods which are other than American goods'' means (1) an end product which has not been mined, produced, or manufactured in the United States, or (2) an end product manufactured in the United States but the cost of the components thereof which are not mined, produced, or manufactured in the United States exceeds the cost of components mined, produced, or manufactured in the United States. SEC. 708. (a) Chapter 401 of title 10, United States Code, is amended— (1) by adding the following new section at the end thereof: degree "Lender regulations prescribed by the Secretary of the Army, and with the approval of a nationally recognized civilian accrediting association approved by the Commissioner of Education, Department of Health, Education, and Welfare, the Commandant of the United States Army Command and General Staff College may upon recommendation by the faculty confer the degree of master of military art and science upon graduates of the college who have fulfilled the following degree requirements: a minimum of thirty semester hours of graduate credit, including a masters thesis of six to eight semester hours, and a demonstration of competence in the discipline of military art and science as evidenced by satisfactory performance on a general comprehensive examination. These requirements may be altered only with the approval of such association. The Secretary of the Army shall report annually to the Committees on Armed Services of the Senate and House of Representatives the following information: (1) the criteria which must be met to entitle a student to award of the degree, (2) whether such crit:eria have changed in any respect during the reporting year, (3) the number of students in the most recent resident course graduating class, (4) the number of such students who were enrolled in the master of military art and science program, and (5) the number of students successfully completing the master of military art and science program."; and (2) by adding the following new item at the end of the analysis of such chapter:
 * § 4314. United States Army Command and General Staff College

" G o o d s which are other than American goods.'

10 USC 4314.

Master of military art and s c i e n c e, degree requirements.

Report to congressional committees.

"4314. United States Army Command and General Staff College degree."

(b) The Commandant of the United States Army Command and General Staff College may confer the degree of master of military art and science upon graduates of the college who have completed the requirements for that degree since 1964 but prior to the enactment of this Act; but the number of such degrees awarded for such period may not exceed two hundred.

Retroactive degree conferral, limitation.

10 USC 4314 note.

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 408 Proposed export of goods, technology and industrial techniques developed by DOD. 50 USC app. 2403-1.

Notice to Secretary; review authorization.

Export application, review and a s s e s s m e n t.

Recommendation to P r e s i dent for d i s a p proval.

Presidential statement to Congress.

"Controlled country."

" D a y s of continuous s e s s i o n of the C o n g r e s s. " Report to Congress.

PUBLIC LAW 93-365-AUG. 5, 1974

[88 STAT.

SEC. 709. (a) The Congress finds that the defense posture of the United States may be seriously compromised if goods, t e c h n o l o ^, and industrial techniques which have been developed in whole or m part as a direct or indirect result of research and development programs or procurement programs financed in whole or in part with funds authorized by this or any other Act authorizing funds for the Department of Defense are exported to a controlled country without an adequate and knowledgeable assessment having been made to determine whether the export of such goods, technology, and techniques will significantly increase the present or potential military capability of any such country. I t is the purpose of this section, therefore, to provide for such an assessment, to insure notice of proposed exports to the Secretary of Defense, and to authorize the Secretary of Defense to review the proposed export of goods, technology, or industrial techniques to any such country whenever he has reason to believe that the export of such goods, technology, or techniques will significantly increase the military capability of such country. (b) Effective upon enactment of this section, any application for the export of any goods, technology, or industrial techniques described in subsection (a) shall, before being eligible for export to a controlled country, be reviewed and assessed by the Secretary of Defense for the purpose of determining whether the export of such goods, technology or techniques will significantly increase the present or potential military capability of such country. (c) If the Secretary of Defense determines, after his review and assessment, that the export of such goods, technology or industrial techniques will in his judgment significantly increase the present or potential military capability of any controlled country, he shall recommend to the President that the application for export be disapproved. I n any case in which the President disagrees with a recommendation made by the Secretary of Defense to prohibit the export of such goods, technology, or techniques to a controlled country, the President shall submit to the Congress a statement indicating his disagreement with the Secretary of Defense together with the recommendation of the Secretary of Defense. The application for the export of any such goods, technology, or techniques may be approved after submission by the President of his statement and the recommendation of the Secretary of Defense to the Congress and 60 days of continuous session of the Congress has elapsed following such submission unless within such 60 day period Congress has adopted a concurrent resolution disapproving the application for the export of such goods, technology, or techniques. (d) As used in this section (1) the term "controlled country" means the Soviet Union, Poland, Romania, Hungary, Bulgaria, Czechoslovakia, the German Democratic Republic (East Germany), and such other countries as may be designated by the Secretary of Defense, and (2) the term "days of continuous session of the Congress" shall not include days on which either House of Congress is not in session because of an adjournment of more than three days. (e) The Secretary of Defense shall submit to the Congress a written report on his implementation of this section not later than 30 days after the close of each quarter of each fiscal year. Each such report shall, among other things, identify each instance in which the Secretary recommended to the President that exports be disapproved and the action finally taken by the executive branch on the matter. TITLE VIII — N U C L E A R P O W E R E D NAVY

10 USC 7291 note.

SEC. 801. I t is the policy of the United States of America to modernize the strike forces of the United States Navy by the construction

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409

PUBLIC LAW 93-366-AUG. 5, 1974

of nuclear powered major combatant vessels and to provide for an adequate industrial base for the research, development, design, construction, operation, and maintenance for such vessels. New construction major combatant vessels for the strike forces of the United States Navy authorized subsequent to the date of the enactment of this Act becomes law shall be nuclear powered, except as provided in this title. SEC. 802. For the purposes of this title, the term "major combatant vessels for the strike forces of the United States Navy" means— (1) combatant submarines for strategic or tactical missions, or both; (2) combatant vessels intended to operate in combat in aircraft carrier task groups (that is, aircraft carriers and the cruisers, frigates, and destroyers which accompany aircraft carriers); and (3) those types of combatant vessels referred to in clauses (1) and (2) above designed for independent combat missions where essentially unlimited high speed endurance will be of significant military value. SEC. 803. The Secretary of Defense shall submit to Congress each calendar year, at the same time the President submits the budget to Congress under section 201 of the Budget and Accounting Act, 1921 (31 U.S.C. 11), a written report regarding the application of nuclear propulsion to major combatant vessels for the strike forces of the United States Navy. The report shall identify contract placement dates for their construction and shall identify the Department of Defense Five Year Defense Program for construction of nuclear powered major combatant vessels for the strike forces of the United States Navy. SEC. 804. All requests for authorizations or appropriations from Congress for major combatant vessels for the strike forces of the United States Navy shall be for construction of nuclear powered major combatant vessels for such forces unless and until the President has fully advised the Congress that construction of nuclear powered vessels for such purpose is not in the national interest. Such report of the President to the Congress shall include for consideration by Congress an alternate program of nuclear powered ships with appropriate design, cost, and schedule information. This Act may be cited as the "Department of Defense Appropriation Authorization Act, 1975". Approved August 5, 1974.

"Major combatant v e s s e l s for the strike forces of the United States Navy." 10 USC 7291 note.

Report to Congress. 10 USC 7291 note.

Department of Defense Five Year Program.

10 USC 7291 note.

Short title.

Public Law 93-366 AN ACT To amend the Federal Aviation Act of 1958 to implement the Convention for the Suppression of Unlawful Seizure of Aircraft; to provide a more effective program to prevent aircraft piracy; and for other purposes. Be it enacted by the Senate and House of Representatives United States of America in Congress assembled,

August 5, 1974 [S. 39]

of the

TITLE I — A N T I H I J A C K I N G ACT O F 1974 SEC. 101. This title may be cited as the "Antihijacking Act of 1974". SEC. 102. Section 101(32) of the Federal Aviation Act of 1958 (49 U.S.C. 1301(32)), relating to the definition of the term "special aircraft jurisdiction of the United States", is amended to read as follows: "(32) The term 'special aircraft jurisdiction of the United States' includes— " (a) civil aircraft of the United States;

Federal Aviation Act of 1958, amendments. Ant ihijac king Act of 1974. 49 USC 1301 note.

" S p e c i a l aircraft jurisdiction of the United States."

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[88 STAT.

" (b) aircraft of the national defense forces of the United States; "(c) any other aircraft within the United States; " (d) any other aircraft outside the United States— " (i) that has its next scheduled destination or last point of departure in the United States, if that aircraft next actually lands in the United States; or "(ii) having 'an offense', as defined in the Convention for 22 usT 1641. ^jjg Suppression of Unlawful Seizure of Aircraft, committed aboard, if that aircraft lands in the United States with the alleged offender still aboard; and "(e) other aircraft leased without crew to a lessee who has his principal place of business in the United States, or if none, who has his permanent residence! in the United States; while that aircraft is in flight, which is from the moment when all external doors are closed following embarkation until the moment when one such door is opened for disembarkation or in the case of a forced landing, until the competent authorities take over the responsibility for the aircraft and for the persons and property aboard.". Aircraft piracy. gj,^.^ ^QS. (a) Paragraph (2) of subsection (i) of section 902 of such Act (49 U.S.C. 1472), relating to the definition of the term "aircraft piracy", is amended by striking out "threat of force or violence and" inserting in lieu thereof "threat of force or violence, or by any other form of intimidation, and". (b) Section 902 of such Act is further amended by redesignating subsections (n) and (o) as subsections (o) and (p), respectively, and by inserting immediately after subsection (m) the following new subsection: "AIRCRAFT PIRACY OUTSIDE SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES

P^"^^*y•

_

" (n)(1) Whoever aboard an aircraft in flight outside the special aircraft jurisdiction of the United States commits 'an offense', as defined in the Convention for the Suppression of Unlawful Seizure of Aircraft, and is afterward found in the United States shall be punished— "TA) by imprisonment for not less than 20 years; or " (B) if the death of another person results from the commission or attempted commission of the offense, by death or by imprisonment for life. " (2) A person commits 'an offense', as defined in the Convention for the Suppression of Unlawful Seizure of Aircraft when, while aboard an aircraft in flight, he— " (A) unlawfully, by force or threat thereof, or by any other form of intimidation, seizes, or exercises control of, that aircraft, or attempts to perform any such act; or " (B) is an accomplice of a person who performs or attempts to perform any such act. "(3) This subsection shall only be applicable if the place of takeoff or the place of actual landing of the aircraft on board which the offense, as defined in paragraph (2) of this subsection, is committed is situated outside the territory of the State of registration of that aircraft.

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"(4) For purposes of this subsection an aircraft is considered to be in flight from the moment when all the external doors are closed following embarkation until the moment when one such door is opened for disembarkation, or in the case of a forced landing, until the competent authorities take over responsibility for the aircraft and for the persons and property aboard.". (c) Subsection (o) of such section 902, as so redesignated by subsection (b) of this section, is amended by striking out "subsections (i) through (m) " and inserting in lieu thereof "subsections (i) through (n)". SEC. 104. (a) Section 902(i)(1) is the Federal Aviation Act of 1958 (49 U.S.C. 1472(i)(1)) is amended to read as follows: "(1) Whoever commits or attempts to commit aircraft piracy, as herein defined, shall be punished— " (A) by imprisonment for not less than 20 years; or " (B) if the death of another person results from the commission or attempted commission of the offense, by death or by imprisonment for life.". (b) Section 902(i) of such Act is further amended by adding at the end thereof the following new paragraph: "(3) An attempt to commit aircraft piracy shall be within the special aircraft jurisdiction of the United States even though the aircraft is not in flight at the time of such attempt if the aircraft would have been within the special aircraft jurisdiction of the United States had the offense of aircraft piracy been completed.". SEC. 105. Section 903 of the Federal Aviation Act of 1958 (49 U.S.C. 1473), relating to venue and prosecution of offenses, is amended by adding at the end thereof the following new subsection:

411

^"^^' P- '*^°-

^^"^ity.

^"P'-^-

"PROCEDURE IN RESPECT OF PENALTY FOR AIRCRAFT PIRACY

"(c)(1) A person shall be subjected to the penalty of death for any offense prohibited by section 902(i) or 902 (n) of this Act only if a ^J^t''/' ^^Q hearing is held in accordance with this subsection. "(2) When a defendant is found guilty of or pleads guilty to an ^^^^^"^^"'^'"^ offense under section 902(i) or 902(n) of this Act for which one of hearing. the sentences provided is death, the judge who presided at the trial or before whom the guilty plea was entered shall conduct a separate sentencing hearing to determine the existence or nonexistence of the factors set forth in paragraphs (6) and (7), for the purpose of determining the sentence to be imposed. The hearing shall not be held if the Government stipulates that none of the aggravating factors set forth in paragraph (7) exists or that one or more of the mitigating factors set forth in paragraph (6) exists. The hearings shall be conducted— " (A) before the jury which determined the defendant's guilt; " (B) before a jury impaneled for the purpose of the hearing if— "(i) the defendant was convicted upon a plea of guilty; "(ii) the defendant was convicted after a trial before the court sitting without a jury; or "(iii) the jury which determined the defendant's guilt has been discharged by the court for good cause; or " (C) before the court alone, upon the motion of the defendant and with the approval of the court and of the Government.

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 412 Disclosure.

Rebuttals.

Special v e r d i c t.

Death s e n t e n c e.

Exceptions.

Death s e n t e n c e, imposition.

PUBLIC LAW 93-366-AUG. 5, 1974

[88 STAT.

"(3) I n the sentencing hearing the court shall disclose to the defendant or his counsel all material contained in any presentence report, if one has been prepared, except such material as the court determines is required to be withheld for the protection of human life or for the protection of the national security. Any presentence information withheld from the defendant shall not be considered in determining the existence or the nonexistence of the factors set forth in paragraph (6) or (7). Any information relevant to any of the mitigating factors set forth in paragraph (6) may be presented by either the Government or the defendant, regardless of its admissibility under the rules governing admission of evidence at criminal trials; but the admissibility of information relevant to any of the aggravating factors set forth in paragraph (7) shall be governed by the rules governing the admission of evidence at criminal trials. The Government and th^' defendant shall be permitted to rebut any information received at the hearing, and shall be given fair opportunity to present argument as to the adequacy of the information to establish the existence of any of the factors set forth in paragraph (6) or (7). The burden of establishing the existence of any of the factors set forth in paragraph (7) is on the Government. The burden of establishing the existence of any of the factors set forth in paragraph (6) is on the defendant. " (4) The jury or, if there is no jury, the court shall return a special verdict setting forth its findings as to the existence or nonexistence of each of the factors set forth in paragraph (6) and as to the existence or nonexistence of each of the factors set forth in paragraph (7). "(5) If the jury or, if there is no jury, the court finds by a preponderance of the information that one or more of the factors set forth in paragraph (7) exists and that none of the factors set forth in paragraph (6) exists, the court shall sentence the defendant to death. If the ]ury or, if there is no jury, the court finds that none of the aggravating factors set forth in paragraph (7) exists, or finds that one or more of the mitigating factors set forth in paragraph (6) exists, the court shall not sentence the defendant to death but shall impose any other sentence provided for the offense for which the defendant was convicted. " (6) The court shall not impose the sentence of death on the defendant if the jury or, if there is no jury, the court finds by a special verdict as provided in paragraph (4) that at the time of the offense— " (A) he was under the age of eighteen; " (B) his capacity to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law was significantly impaired, but not so impaired as to constitute a defense to prosecution; " (C) he was under unusual and substantial duress, although not such duress as to constitute a defense to prosecution; " (D) he was a principal (as defined in section 2(a) of title 18 of the United States Code) in the offense, which was committed by another, but his participation was relatively minor, although not so minor as to constitute a defense to prosecution; or " (E) he could not reasonably have foreseen that his conduct in the course of the commission of the offense for which he was convicted would cause, or would create a grave risk of causing death to another person, "(7) If no factor set forth in paragraph (6) is present, the court

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shall impose the sentence of death on the defendant if the jury or, if there is no jury, the court finds by a special verdict as provided in paragraph ^4) that— (A) the death of another person resulted from the commission of the offense but after the defendant had seized or exercised control of the aircraft; or " (B) the death of another person resulted from the commission or attempted commission of the offense, and— " (i) the defendant has been convicted of another Federal or State offense (committed either before or at the time of the commission or attempted commission of the offense) for which a sentence of life imprisonment or death was imposable; "(ii) the defendant has previously been convicted of two or more State or Federal offenses with a penalty of more than one year imprisonment (committed on different occasions before the time of the commission or attempted commission of the offense), involving the infliction of serious bodily injury upon another person; "(iii) in the commission or attempted commission of the offense, the defendant knowingly created a grave risk of death to another person in addition to the victim of the offense or attempted offense; or " (iv) the defendant committed or attempted to commit the offense in an especially heinous, cruel, or depraved manner.". SEC. 106. Title X I of such Act (49 U.S.C. 1501-1513) is amended by adding at the end thereof the following new sections: "SUSPENSION or A I R SERVICES

"SEC. 1114. (a) Whenever the President determines that a foreign foreign nations nation is acting in a manner inconsistent with the Convention for the groupt.^"°"^ Suppression of Unlawful Seizure of Aircraft, or if he determines that 49 USC 1514. a foreign nation permits the use of territory under its jurisdiction as a ^^ ^^^ '* ' base of operations or training or as a sanctuary for, or in any way arms, aids, or abets, any terrorist or.q:anization which knowingly uses the illegal seizure of aircraft or the threat thereof as an instrument of policy, he may, without notice or hearing and for as long as he determines necessary to assure the security of aircraft against unlawful seizure, suspend (1) the right of any air carrier or foreign air carrier to engage in foreign air transportation, and the right of any person to operate aircraft in foreign air commerce, to and from that foreign nation, and (2) the right of any foreign air carrier to engage in foreign air transportation, and the right of any foreign person to operate aircraft in foreign air commerce, between the United States and any foreign nation which maintains air service between itself and that foreign nation. Notwithstanding section 1102 of this Act, the President's "^^ ^^^ ^^°^" authority to suspend rights under this section shall be deemed to be a condition to any certificate of public convenience and necessity or foreign air carrier or foreign aircraft permit issued by the Civil Aeronautics Board and any air carrier operating certificate or foreign air carrier operating specification issued by the Secretary of Transportation. " (b) I t shall be unlawful for any air carrier or foreign air carrier to engage in foreign air transportation, or for any person to operate

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' PUBLIC LAW 93-366-AUG. 5, 1974

[88 STAT.

aircraft in foreign air commerce, in violation of the suspension of rights by the President under this section. "SECUKITT STANDARDS I N FOREIGN A I R TRANSPORTATION 49 USC 1515.

49 USC 1372.

61 Stat. 1180.

Ante, p. 413.

"SEC. 1115. (a) Not later than 30 days after the date of enactment of this section, the Secretary of State shall notify each nation with which the United States has a bilateral air transport agreement or, in the absence of such agreement, each nation whose airline or airlines hold a foreign air carrier permit or permits issued pursuant to section 402 of this Act, of the provisions of subsection (b) of this section. "(b) In any case where the Secretary of Transportation, after consultation with the competent aeronautical authorities of a foreign nation with which the United States has a bilateral air transport agreement and in accordance with the provisions of that agreement or, in the absence of such agreement, of a nation whose airline or airlines hold a foreign air carrier permit or permits issued pursuant to section 402 of this Act, finds that such nation does not effectively maintain and administer security measures relating to transportation of persons or property or mail in foreign air transportation that are equal to or above the minimum standards which are established pursuant to the Convention on International Civil Aviation, he shall notify that nation of such finding and the steps considered necessary to bring the security measures of that nation to standards at least equal to the minimum standards of such convention. In the event of failure of that nation to take such steps, the Secretary of Transportation, with the approval of the Secretary of State, may withhold, revoke, or impose conditions on the operating authority of the airline or airlines of that nation.". SEC. 107. The first sentence of section 901(a)(1) of such Act (49 U.S.C. 1471 (a)(1)), relating to civil penalties, is amended by inserting "^ or of section 1114," immediately before "of this Act". SEC. 108. Subsection (a) of section 1007 of such Act (49 U.S.C. 1487), relating to judicial enforcement, is amended by inserting "or, in the case of a violation of section 1114 of this Act, the Attorney General," immediately after "duly authorized agents,". SEC. 109. (a) That portion of the table of contents contained in the first section of the Federal Aviation Act of 1958 which appears under the side heading "Sec. 902. Criminal penalties." is amended by striking out— "(n) Investigations by the Federal Bureau of Investigation, "(o) Interference with aircraft accident investigation." and inserting in lieu thereof— "(n) Aircraft piracy outside special aircraft jurisdiction of the United States, "(o) Investigations by Federal Bureau of Investigation, "(p) Interference with aircraft accident investigation.". (b) That portion of such table of contents which appears under the side heading "Sec. 903. Venue and prosecution of offenses." is amended by adding at the end thereof the following new item: "(c) Procedure in respect of penalty for aircraft piracy.". (c) That portion of such table of contents which appears under the center heading "TITLE XI—MISCELLANEOUS" is amended by adding at the end thereof the following new items: "Sec. 1114. Suspension of air services. "Sec. 1115. Security standards in foreign air transportation.".

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 the bilobed form of telson is its greater efficiency as a swimming organ." The general form of the body, notably the relatively small carapace which lacks the shoveling rim of other eurypterids, the slender body with relatively narrow preabdomen that gradually tapers into the postabdomen, are clearly adapted to greater agility, and the long slender prehensile pincers in front, show that Pterygotus was highly predaceous and not a burrower after worms as Limulus or a carrion eater as most of the crabs, which use their stout claws largely as organs of defense and for tearing pieces off their food. The poorly developed walking legs of Pterygotus attest that it was a bad walker or crawler. There, then, seems to remain by exclusion the single inference that Pterygotus was essentially a swimming creature, probably slow and therefore in need of the long prehensile pincers. The large size attained by some species (5 feet and more) would also indicate that they could hardly have been of burrowing habit.

Hughmilleria, in both its species, has a distinctly fishlike appearance in dorsal aspect, which is evidence of its agility; this is effected by the relatively long, convex, anteriorly angular carapace and the very slender form of the body, which gradually tapers to the stout tail spine. It also lacks the distinct shoveling edge of the carapace. Hughmilleria has much better developed walking legs than Pterygotus and lacks the broadening of the telson. As it is clearly a more primitive and less specialized form than Pterygotus, it is equally adapted to a crawling and swimming habit. Its telson was probably used as an organ of defense.

Slimonia, specialized in the position of its compound eyes at the anterior angles of the carapace, the broadened telson and slender form of body, seems adapted to swimming and by its well developed walking legs also to crawling.

All these three genera, in comparison with Eusarcus and Eurypterus, have relatively small and narrow swimming legs, which is the more


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PUBLIC LAW 93-366-AUG. 5, 1974

TITLE II — A I R T R A N S P O R T A T I O N S E C U R I T Y ACT O F 1974 SEC. 201. This title may be cited as the "Air Transportation Security Act of 1974". SEC. 202. Title III of the Federal Aviation Act of 1958 (49 U.S.C. 1341-1355), relating to organization of the Federal Aviation Administration and the powers and duties of the Administrator, is amended by adding at the end thereof the following new sections:

415 Air Transportation Security Act of 1974. 49 USC 1356 note.

"SCREENING OF PASSENGERS ii

PROCEDURES AND FACILITIES

"SEC. 315. (a) The Administrator shall prescribe or continue in effect reasonable regulations requiring that all passengers and all property intended to be carried in the aircraft cabin in air transportation or intrastate air transportation be screened by weapon-detecting procedures or facilities employed or operated by employees or agents of the air carrier, intrastate air carrier, or foreign air carrier prior to boarding the aircraft for such transportation. One year after the date of enactment of this section or after the effective date of such regulations, whichever is later, the Administrator may alter or amend such regulations, requiring a continuation of such screening only to the extent deemed necessary to assure security against acts of criminal violence and aircraft piracy in air transportation and intrastate air transportation. The Administrator shall submit semiannual reports to the Congress concerning the effectiveness of screening procedures under this subsection and shall advise the Congress of any regulations or amendments thereto to be prescribed pursuant to this subsection at least 30 days in advance of their effective date, unless he determines that an emergency exists which requires that such regulations or amendments take effect in less than 30 days and notifies the Congress of his determination.

Regulations. 49 USC 1356.

Reports to Congress.

Emergency, notification of Congress.

"EXEMPTION AUTHORITY

" (b) The Administrator may exempt from the provisions of this section, in whole or in part, air transportation operations, other than those scheduled passenger operations performed by air carriers engaging in interstate, overseas, or foreign air transportation under a certijficate of public convenience and necessity issued by the Civil Aeronautics Board under section 401 of this Act or under a foreign air carrier permit issued by the Board under section 402 of this Act.

49 USC 1371. 49 USC 1372.

" A I R TRANSPORTATION SECURITY II

RULES AND REGULATIONS

"SEC. 316. (a)(1) The Administrator of the Federal Aviation Administration shall prescribe such reasonable rules and regulations requiring such practices, methods, and procedures, or governing the design, materials, and construction of aircraft, as he may deem necessary to protect persons and property aboard aircraft operating in air transportation or intrastate air transportation against acts of criminal violence and aircraft piracy. "(2) I n prescribing and amending rules and regulations under paragraph (1) of this subsection, the Administrator shall— " (A) consult with the Secretary of Transportation, the Attorney General, and such other Federal, State, and local agencies as he may deem appropriate;

49 USC 1357.

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" (B) consider whether any proposed rule or regulation is consistent with protection of passengers in air transportation or intrastate air transportation against acts of criminal violence and aircraft piracy and the public interest in the promotion of air transportation and intrastate air transportation; " (C) to the maximum extent practicable, require uniform procedures for the inspection, detention, and search of persons and property in air transportation and intrastate air transportation to assure their safety and to assure that they will receive courteous and efficient treatment, by air carriers, their agents and employees, and by Federal, State, and local law enforcement personnel engaged in carrying out any air transportation security program established under this section; and " (D) consider the extent to which any proposed rule or regulation will contribute to carrying out the purposes of this section. uP E R S O N N E L

"(b) Kegulations prescribed under subsection (a) of this section shall require operators of airports regularly serving air carriers certificated by the Civil Aeronautics Board to establish air transportation security programs providing a law enforcement presence and capability at such airports adequate to insure the safety of persons traveling in air transportation or intrastate air transportation from acts of criminal violence and aircraft piracy. Such regulations shall authorize such airport operators to utilize the services of qualified State, local, and private law enforcement personnel whose services are made available by their employers. In any case in which the Administrator determines, after receipt of notification from an airport operator in such form as the Administrator may prescribe, that qualified State, local,.and private law enforcement personnel are not available in sufficient numbers to carry out the provisions of subsection (a) of this section, the Administrator may, by order, authorize such airport operator to utilize, on a reimbursable basis, the services of— "(1) personnel employed by any other Federal department or agency, with the consent of the head of such department or agency; and "(2) personnel employed directly by the Administrator; at the airport concerned in such numbers and for such period of time as the Administrator may deem necessary to supplement such State, local, and private law enforcement personnel. In making the determination referred to in the preceding sentence the Administrator shall take into consideration— " (A) the number of passengers enplaned at such airport; " (B) the extent of anticipated risk of criminal violence and aircraft piracy at such airport or to the air carrier aircraft operations at such airport; and " (C) the availability at such airport of qualified State or local law enforcement personnel. "TRAINING

"(c) The Administrator may provide training for personnel employed by him to carry out any air transportation security proorram established under this section and for other personnel, including State, local, and private law enforcement personnel, whose services may be utilized in carrying out any such air transportation security program. The Administrator shall prescribe uniform standards with respect to training provided personnel whose services are utilized to enforce any such air transportation security program, including State, local, and

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private law enforcement personnel, and uniform standards with respect to minimum qualifications for personnel eligible to receive such training. "RESEARCH AND DEVELOPMENT; CONITDENTIAL INFORMATION

" (d)(1) The Administrator shall conduct such research (including behavioral research) and development as he may deem appropriate to develop, modify, test, and evaluate systems, procedures, facilities, and devices to protect persons and property aboard aircraft in air transportation or intrastate air transportation against acts of criminal violence and aircraft piracy. "(2) Notwithstanding section 552 of title 5, United States Code, relating to freedom of information, the Administrator shall prescribe such regulations as he may deem necessary to prohibit disclosure of any information obtained or developed in the conduct of research and development activities under this subsection if, in the opinion of the Administrator, the disclosure of such information— " (A) would constitute an unwarranted invasion of personal privacy (including, but not limited to, information contained in any personnel, medical, or similar file); " (B) would reveal trade secrets or privileged or confidential commercial or financial information obtained from any person; or " (C) would be detrimental to the safety of persons traveling in air transportation. Nothing in this subsection shall be construed to authorize the withholding of information from the duly authorized committees of the Congress.

Regulations.

"OVERALL FEDERAL RESPONSIBILITY

" (e)(1) Except as otherwise specifically provided by law, no power, function, or duty of the Administrator of the Federal Aviation Administration under this section shall be assigned or transferred to any other Federal department or agency. " (2) Notwithstanding any other provision of law, the Administrator of the Federal Aviation Administration shall have exclusive responsibility for the direction of any law enforcement activity affecting the safety of persons aboard aircraft in flight involved in the commission of an offense under section 902(i) or 902 (n) of this Act. Other Federal ^^l"^^' ^^- ^^°' departments and agencies shall, upon request by the Administrator, provide such assistance as may be necessary to carry out the purposes of this paragraph. " (3) For the purposes of this subsection, an aircraft is considered in flight from the moment when all external doors are closed following embarkation until the moment when one such door is opened for disembarkation. "DEFINITION

"(f) For the purposes of this section, the term 'law enforcement personnel' means individuals— "(1) authorized to carry and use firearms, "(2) vested with such police power of arrest as the Administrator deems necessary to carry out this section, and "(3) identifiable by appropriate indicia of authority.". SEC. 203. Section 902(1) of the Federal Aviation Act of 1958 is amended to read as follows: II

CARRYING WEAPONS OR EXPLOSIVES ABOARD AIRCRAFT

"(1)(1) Whoever, while aboard, or while attempting to board, any aircraft in, or intended for operation in, air transportation or intra-

^^ use 1472.

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Penalty. P^"^^*y'

Exceptions.

[88 STAT.

state air transportation, has on or about his person or his property a concealed deadly or dangerous weapon, which is, or would be, accessible to such person in flight, or any person who has on or about his person, or who has placed, attempted to place, or attempted to have placed aboard such aircraft any bomb, or similar explosive or incendiary devlcc, shall bc fined not more than $1,000 or imprisoned not more than one year, or both. " (2) Whoever willfully and without regard for the safety of human life, or with reckless disregard for the safety of human life, shall commit an act prohibited by paragraph (1) of this subsection, shall be fined not more than $5,000 or imprisoned not more than five years, or both. u^g^ rpj^j^g gubsection shall not apply to law enforcement officers of any municipal or State government, or the Federal Government, who are authorized or required within their official capacities to carry arms, or to persons who may be authorized, under regulations issued by the Administrator, to carry deadly or dangerous weapons in air transportation or intrastate air transportation; not shall it apply to persons transporting weapons contained in baggage which is not accessible to passengers in flight if the presence of such weapons has been declared to tli6 S/ir cRrriGr SEC. 204. Section 1111 of the Federal Aviation Act of 1958 (49 U.S.C. 1511), relating to authority to refuse transportation, is amended to read as follows: "AUTHORITY TO REFUSE TRANSPORTATION

Ante, p. 415.

Ante,

p. 413.

"SEC. 1111. (a) The Administrator shall, by regulation, require any air carrier, intrastate air carrier, or foreign air carrier to refuse to transport— "(1) any person who does not consent to a search of his person, as prescribed in section 315(a) of this Act, to determine whether he is unlawfully carrying a dangerous weapon, explosive, or other destructive substance, or "(2) any property of any person who does not consent to a search or inspection of such property to determine whether it unlawfully contains a dangerous weapon, explosive, or other destructive substance. Subject to reasonable rules and regulations prescribed by the Administrator, any such carrier may also refuse transportation of a passenger or property when, in the opinion of the carrier, such transportation would or might be inimical to safety of flight. "(b) Any agreement for the carriage of persons or property in air transportation or intrastate air transportation by an air carrier, intrastate air carrier, or foreign air carrier for compensation or hire shall be deemed to include an agreement that such carriage shall be refused when consent to search such persons or inspect such property for the purposes enumerated in subsection (a) of this section is not given.". SEC. 205. Title X I of the Federal Aviation Act of 1958 (49 U.S.C. 1501-1513) is amended by adding at the end thereof the following new section: -~ "LIABILITY FOR CERTAIN PROPERTY

'f/usc'i'siV.

"SEC. 1116. The Civil Aeronautics Board shall issue such regulations or orders as may be necessary to require that any air carrier receiving for transportation as baggage any property of a person traveling in air transportation, which property cannot lawfully be carried by such person in the aircraft cabin by reason of any Federal law or regulation, shall assume liability to such person, at a reasonable charge and sub-

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ject to reasonable terms and conditions, within the amount declared to the air carrier by such person, for the full actual loss or damage to such property caused by such air carrier.". SEC. 206. Section 101 of the Federal Aviation Act of 1958 (49 U.S.C. Definitions. 1301), relating to definitions, is amended by redesignating paragraphs ^"'^» p. 409. (22) through (36) as paragraphs (24) through (38), respectively, and by inserting immediately after paragraph (21) the following new paragraphs: " (22) 'Intrastate air carrier' means any citizen of the United States who undertakes, whether directly or indirectly or by a lease or any other arrangement, to engage solely in intrastate air transportation. "(23) 'Intrastate air transportation' means the carriage of persons or property as a common carrier for compensation or hire, by turbojetpowered aircraft capable of carrying thirty or more persons, wholly within the same State of the United States.". SEC. 207. (a) That portion of the table of contents contained in the first section of the Federal Aviation Act of 1958 which appears under the center heading: " TITLE III—ORGANIZATION OF AGENCY AND POWERS AND DUTIES OF ADMINISTRATOR" is amended by adding at the end

thereof the following new items: "'Sec. 315. Screening of passengers in air transportation. "(a) Procedures and facilities. " (b) Exemption authority. "Sec. 316. Air transportation security. "(a) Rules and regulations. "(b) Personnel. "(c) Training. "(d) Research and development; confidential information. "(e) Overall Federal responsibility. "(f) Definition.

(b) That portion of such table of contents which appears under the side heading "Sec. 902. Criminal penalties."

is amended by striking out— "(1) Carrying weapons aboard aircraft."

and inserting in lieu thereof— " (1) Carrying weapons or explosives aboard aircraft.".

(c) That portion of such table of contents which appears under the center heading " TITLE XI—MISCELLANEOUS" is amended by adding a t

the end thereof the following new item: "Sec. 1116. Liability for certain property.".

Approved August 5, 1974. Public Law 93-367 JOINT RESOLUTION To extend the expiration date of the Defense Production Act of 1950.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the first sentence of section 717(a) of the Defense Production Act of 1950 is amended by striking out "July 30" and inserting in lieu thereof "September 30". Approved August 7, 1974.

August 7.1974 [s. j. Res.228l

Ante,

p. 280.

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[88

STAT.

Public Law 93-368 August 7, 1974 [H. R. 8217]

Vessels. Foreign r e p a i r s, duty exemption. Unemployment and s o c i a l s e curity b e n e f i t s. 19 USC 257 note.

Ante,

p 288.

26 USC 3304 note. 42 USC 1105 42 USC 1103 42 USC 1383

AN ACT To exempt from duty certain equipment and repairs for vessels operated by or for any agency of the United States where the entries were made in connection with vessels arriving before January 5, 1971, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That sections 3114 and 3115 of the Revised Statutes of the United States (19 U.S.C. 257 and 258) shall not apply to entries made in connection with arrivals before January 5, 1971, of vessels owned by the United States, or bareboat chartered to the United States, and operated by or for the account of any department or agency of the United States. SEC. 2. On or after the date of the enactment of this Act, no department or agency of the United States shall be entitled to a refund of any duties paid before January 5, 1971, by any department or agency of the United States under section 3114 of the Revised Statutes of the United States. SEC. 3. The last sentence of section 203(e)(2) of the Federal-State Extended Unemployment Compensation Act of 1970 (as added by section 20 of Public Law 93-233 and amended by section 2 of Public Law 93-256 and by section 2 of Public Law 93-329) is amended by striking out "August 1, 1974" and inserting in lieu thereof "April 30, 1975". SEC. 4. (a) The second sentence of section 204(b) of the Emergency Unemployment Compensation Act of 1971 is amended to read as follows: "Amounts appropriated as repayable advances and paid to the States under section 203 shall be repaid, without interest, as provided in section 905(d) of the Social Security Act." (b) Section 903(b) of the Social Security Act is amended by striking out paragraph (3). SEC. 5. Section 1631 of the Social Security Act is amended by adding the following at the end thereof: REIMBURSEMENT

"Benefits. 42 USC 1382e. 87 Stat. 155, 957.

TO STATES FOR I N T E R I M ASSISTANCE

PAYMENTS

" (g)(1) Notwithstanding subsection (d)(1) and subsection (b) as it relates to the payment of less than the correct amount of benefits, the Secretary may, upon written authorization by an individual, withhold benefits due with respect to that individual and may pay to a State (or a political subdivision thereof if agreed to by the Secretary and the State) from the benefits withheld an amount sufficient to reimburse the State (or political subdivision) for interim assistance furnished on behalf of the individual by the State (or political subdivision). " (2) For purposes of this subsection, the term 'benefits' with respect to any individual means supplemental security income benefits under this title, and any State supplementary payments under section 1616 or under section 212 of Public Law 93-66 which the Secretary makes on behalf of a State (or political subdivision thereof), that the Secretary has determined to be due with respect to the individual at the time the Secretary makes the first payment of benefits. A cash advance made pursuant to subsection (a)(4)(A) shall not be considered as the first payment of benefits for purposes of the preceding sentence.

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i "(3) For purposes of this subsection, the term 'interim assistance' s i " It n tnecrem" a s s a, with respect to any individual means assistance financed from State or local funds and furnished for meeting basic needs during the period, beginning with the month in which the individual filed an application for benefits (as defined in paragraph (2)), for which he was eligible for such benefits. " (4) I n order for a State to receive reimbursement under the pro- Agreement., visions of paragraph (1), the State shall have in effect an agreement with the Secretary which shall provide— " (A) that if the Secretary makes payment to the State (or a political subdivision of the State as provided for under the agreement) in reimbursement for interim assistance (as defined in paragraph (3)) for any individual in an amount greater than the reimbursable amount authorized by paragraph (1), the State (or political subdivision) shall pay to the individual the balance of such payment in excess of the reimbursable amount as expeditiously as possible, but in any event within ten working days or a shorter period specified in the agreement; and " (B) that the State will comply with such other rules as the Secretary finds necessary to achieve efficient and effective administration of this subsection and to carry out the purposes of the program established by this title, including protection of hearing rights for any individual aggrieved by action taken by the State (or political subdivision) pursuant to this subsection. " (5) The provisions of subsection (c) shall not be applicable to any disagreement concerning payment by the Secretary to a State pursuant to the preceding provisions of this subsection nor the amount retained by the State (or political subdivision). Effective d a "(6) The provisions of this subsection shall expire on June 30, 1976. report to Con- t e; At least sixty days prior to such expiration date, the Secretary shall g r e s s, submit to Congress a report assessing the effects of actions taken pursuant to this subsection, including the adequacy of interim assistance provided and the efficiency and effectiveness of the administration of such provisions. Such report may include such recommendations as the Secretary deems appropriate.". Supplement&i SEC. 6. (a) Section 1611 of the Social Security Act is amended— security income (1) in subsection (a)(1)(A), by inserting "(or, if greater, the benefits amount determined under section 1617)" immediately after ^2 u^c i382. "$1,752"; (2) in subsection (a)(2)(A), by inserting "(or, if greater, the amount determined under section 1617)" immediately after "$2,628"; (3) in subsection (b)(1), by inserting "(or, if greater, the amount determined under section 1617)" immediately after "$1,752"; and (4) in subsection (b)(2). by inserting "(or, if greater, the amount determined under section 1617)" immediately after "$2,628". (b) Part A of title X VI of such Act is further amended by adding at the end thereof the following new section:

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[88 STAT.

COST-OF-LIVING ADJUSTMENTS IN BENEFITS 42 USC 1382f. 42 USC 401. 42 USC 415. Ante, p. 421. 87 Stat. 154, 953.

Publication in Federal Register. 42 USC 415. 42 USC 1395x note.

42 USC 1396b note. 42 USC 1396a.

Effective date. 42 USC 1396a note. 42 USC 411.

26 USC 1402.

42 USC 411 note. Study and investigation. 50 USC app. 1212 note. 50 USC app. 1211 note.

"SEC. 1617. Whenever benefit amounts under title II are increased by any percentage effective with any month as a result of determination made under section 215(i), each of the dollar amounts in effect for such month under subsections (a)(1)(A), (a)(2)(A), (b)(1), (b)(2) of section 1611, and subsection (a)(1)(A) of section 211 of Public Law 93-66, as specified in such subsections or as previously increased under this section, shall be increased by the same percentage (and rounded, when not a multiple of $1.20, to the next higher multiple of $1.20), effective with respect to benefits for months after such month; and such dollar amounts as so increased shall be published in the Federal Register together with, and at the same time as, the material required by section 215(i)(2)(D) to be published therein by reason of such determination." SEC. 7. (a) Section 15(c)(2) of Public Law 93-233 is amended by striking out "December 1, 1974" and inserting in lieu thereof "March 1, 1975", and by striking out "July 1, 1975" and inserting in lieu thereof "March 1, 1976". (b) Section 15(c)(5) of Public Law 93-233 is amended by striking out "March 1, 1975" and inserting in lieu thereof "June 1, 1975", and by striking out "October 1, 1975" and inserting in lieu thereof "June 1, 1976". (c) Section 15(d) of Public Law 93-233 is amended by striking out "January 1, 1975, except that if the Secretary of Health, Education, and Welfare determines that additional time is required to prepare the report required by subsection (c), he may, by regulation, extend the applicability of the provisions of subsection (a) to cost accounting periods beginning after June 30, 1975" and inserting in lieu thereof "July 1, 1976". SEC. 8. Section 249B of the Social Security Amendments of 1972 is amended by striking out "June 30, 1974" and inserting in lieu thereof "June 30, 1977". SEC. 9. (a) Section 1902(a) (14)(B)(i) of the Social Security Act (relating to certain cost-sharing fees required to be paid by some individuals under medicaid) is amended by striking out "shall" and inserting in lieu thereof "may". (b) The amendment made by subsection (a) shall be effective January 1, 1973. SEC. 10. (a) Section 211(a)(1) of the Social Security Act is amended by inserting after "material participation by the owner or tenant" each time it occurs the following: "(as determined without regard to any activities of an agent of such owner or tenant)". (b) Section 1402(a)(1) of the Internal Revenue Code of 1954 (relating to definition of net earnings from self-employment) is amended by inserting after "material participation by the owner or tenant" each time it occurs the following: "(as determined without regard to any activities of an agent of such owner or tenant)". (c) The amendments made by this section shall apply with respect to taxable years beginning after December 31, 1973. SEC. 11. (a) The staff of the Joint Committee on Internal Revenue Taxation shall conduct a comprehensive study and investigation of the operation and effect of the Renegotiation Act of 1951, as amended, with a view to determining whether such Act should be extended beyond December 31, 1975, and, if so, how the administration of such

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423

Act can be improved. The Joint Committee staff shall specifically consider whether exemption criteria and the statutory factors for determining excessive profits should be changed to make the Act fairer and more effective and more objective. The Joint Committee staff shall also consider whether the Renegotiation Board should be restructured. (b) I n conducting such study and investigation the staff of the consultation. Joint Committee on Internal Revenue Taxation shall consult with the staffs of the Renegotiation Board, the General Accounting Office, the Cost Accounting Standards Board, and the Joint Economic Committee. (c) The staff of the Joint Committee on Internal Revenue Taxation gres\Tonai°co°m." shall submit the results of its study and investigation to the Com- mittees. mittee on Ways and Means of the House of Representatives and to the Committee on Finance of the Senate on or before September 30, 1975, together with such recommendations as it deems appropriate. Approved August 7, 1974. Public Law 93-369 AN ACT August 10. 1974 To amend the provisions of the Perishable Agricultural Commodities Act, 1930, [H. R. 13264] relating to practices in the marketing of perishable agricultural commodities.

Be it enacted by the ScTiate and House of Representatives of the United States of America in Congress assembled, That subsection (5) Perishable of section 2 of the Perishable Agricultural Commodities Act, 1930, as moduris"Ac\f °'"' amended (7 U.S.C. 499b(5)), is hereby amended by striking out the i93o, amendment. semicolon at the end thereof and substituting a colon and the following: Provided, That any commission merchant, dealer, or broker who ena°t^''°"' has violated this subsection may, with the consent of the Secretary, admit the violation or violations and pay a monetary penalty not to exceed $2,000 in lieu of a formal proceeding for the suspension or revocation of license, any payment so made to be deposited into the Treasury of the United States as miscellaneous receipts;". Approved August 10, 1974. Public Law 93-370 AN ACT August 10, 1974 To amend the Act of June 13, 1933 (Public Law 73-40), concerning safety [H. R.I0309] standards for boilers and pressure vessels, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 4433 *^°^^* Guard. of the Revised Statutes, as amended (46 U.S.C. 411) is amended as prfs°slrre%e"steis, follows I

(1) By deleting the word "and" before the words "construction of boilers,". (2) By inserting the words ", and operation" before the words "of boilers, unfired". (3) By inserting after the words "imfired pressure vessels" the words "piping, valves, fittings,". (4) By placing the word "other" before the word "appurtenances". (5) By deleting the words "thereof, and steam piping". (6) By deleting the second sentence including the proviso. Approved August 10, 1974.

safety standards.

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PUBLIC LAW 93-371-AUG. 13, 1974

[88

STAT.

Public Law 93-371 August 13, 1974 [H. R. 1 4 0 1 2 ]

Legislative Branch Appropriation Act, 1975.

AN ACT Making appropriations for the Legislative Branch for the fiscal year ending June 30, 1975, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Legislative Branch for the fiscal year ending June 30, 1975, and for other purposes, namely: SENATE

2 USC 60a note.

COMPENSATION AND MILEAGE or THE VICE PRESIDENT AND SENATORS AND E X P E N S E A L L O W A N C E S OF THE VI C E P R E S I D E N T AND LEADERS THE S E N A T E

or

COMPENSATION AND MILEAGE OF THE VICE PRESIDENT AND SENATORS

For compensation and mileage of the Vice President and Senators of the United States, $4,790,695. EXPENSE ALLOWANCES OF THE VICE PRESIDENT A N D MAJORITY AND MINORITY LEADERS

For expense allowance of the Vice President, $10,000; Majority Leader of the Senate, $3,000; and Minority Leader of the Senate, $3,000; in all, $16,000. SALARIES, OFFICERS AND EMPLOYEES

For compensation of officers, employees, clerks to Senators, and others as authorized by law, including agency contributions and longevity compensation as authorized, which shall be paid from this appropriation without regard to the below limitations, as follows: OFFICE OF THE VICE PRESIDENT

For clerical assistance to the Vice President, $552,045. OFFICES OF THE MAJORITY A N D MINORITY LEADERS

For offices of the Majority and Minority Leaders, $215,460. OFFICES OF THE MAJORITY A N D MINORITY W H I P S

For offices of the Majority and Minority Whips, $110,580. OFFICE OF THE C H A P L A I N 2 USC 61d-l.

For office of the Chaplain, $28,500: Provided, That effective July 1, 1974, the Chaplain may fix the per annum compensation of the secretary to the Chaplain at not to exceed $12,540 per annum in lieu of $9,120 per annum. OFFICE OF THE SECRETARY

For office of the Secretary, $2,691,345, including $110,010 required for the purpose specified and authorized by section 74b of title 2, United States Code.

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PUBLIC LAW 93^71-AUG. 13, 1974 COMMITTEE

EMPLOYEES

For professional and clerical assistance to standing committees and the Select Committee on Small Business, $8,069,490. CONFERENCE

COMMITTEES

For clerical assistance to the Conference of the compensation to be fixed by the chairman of said For clerical assistance to the Conference of the compensation to be fixed by the chairman of said

Majority, at rates of committee, $174,135. Minority, at rates of committee, $174,135.

ADMINISTRATIVE A N D CLERICAL ASSISTANTS TO SENATORS

For administrative and clerical assistants to Senators, $42,477,540: ^^^^jg"^*^ ^^"^ Provided, That effective January 1, 1974, the clerk hire allowance of each Senator from the States of Arkansas and Arizona shall be increased to that allowed Senators from States having a population of two million, the population of each said State having exceeded two million inhabitants. OFFICE OF SERGEANT AT ARMS AND DOORKEEPER

For office of the Sergeant at Arms and Doorkeeper, $11,998,500: Provided, That effective July 1, 1974, the Sergeant at Arms may appoint and fix the compensation of the following positions (a) in the computer center; foui- senior computer specialists at not to exceed $24,225 per annum each; seven senior programmer analysts at not to exceed $22,515 per annum each in lieu of five senior programmer analysts at $22,515 per annum each; three systems analysts at not to exceed $20,805 per annum each; five systems programmers at not to exceed $20,805 per annum each in lieu of three systems programmers at $20,805 per annum each; eight programmer analysts at not to exceed $20,805 per annum each; four computer specialists at not to exceed $18,240 per annum each; a secretary-receptionist at not to exceed $11,115 per annum; a secretary at $10,260 per annum; a systems supervisor at not to exceed $26,790 per annum in lieu of a systems supervisor at $25,080 per annum; (b) in the service department: an equipment supervisor at not to exceed $18,240 per annum; an assistant equipment supervisor at not to exceed $14,820 per annum; a secretary-receptionist at not to exceed $11,115 per annum; a secretary at not to exceed $9,975 per annum; six cameramen at not to exceed $10,260 per annum each; a film processor at not to exceed $11,115 per annum; an assistant film processor at not to exceed $10,545 per annum; ten messengers at not to exceed $8,265 per annum each in lieu of seven messengers at $8,265 per annum each; (c) in Senate post office: a mail supervisor at not to exceed $11,115 per annum; sixty-three mail carriers at not to exceed $9,975 per annum each in lieu of fifty-seven mail carriers at $9,975 per annum each; (d) in the cabinet shop: a chief cabinetmaker at not to exceed $18,525 per annum in lieu of $15,960 per annum; an assistant chief cabinetmaker at not to exceed $17,670 per annum in lieu of $13,680 per annum; two cabinetmakers at not to exceed $13,395 per annum each in lieu of $12,255 per annum each: a cabinetmaker at not to exceed $12,255 per annum; a finisher at not to exceed $13,395 per annum in lieu of $12,255 per annum; an upholsterer at not to exceed $13,395 per annum in lieu of $12,255 per annum; and (e) twelve lieutenants, police force at not to exceed $17,100 per annum each in lieu of ten lieutenants at $17,100 per annum each; forty-six sergeants, police force at not to exceed $14,250 per annum each in lieu of forty sergeants at $14,250 per annum each; 389 privates, police force at not to exceed

425

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[88 STAT.

$10,830 per annum each in lieu of 342 privates at $10,830 per annum each. OFFICES OF THE SECRETARIES FOR THE MAJORITY A N D MINORITY

For offices of the Secretary for the Majority and the Secretary for the Minority, $265,050. AGENCY CONTRIBUTIONS A N D LONGEVITY

COMPENSATION

For agency contributions for employee benefits and longevity compensation, as authorized by law, $4,000,000. OFFICE OF THE LEGISLATIVE COUNSEL OF THE SENATE

For salaries and expenses of the office of the Legislative Counsel of the Senate, $521,740. SENATE

PROCEDURE

For compiling, preparing, and editing "Senate Procedure", 1974 edition, $5,000, to be paid to Floyd M. Riddick, Parliamentarian of the Senate. CONTINGENT EXPENSES OF THE SENATE P O L I C Y

SENATE

COMMITTEES

For salaries and expenses of the Majority Policy Committee and the Minority Policy Committee, $342,780 for each such committee; in all, $685,560. AUTOMOBILES A N D M A I N T E N A N C E

For purchase, lease, exchange, maintenance, and operation of vehicles, one for the Vice President, one for the President pro tempore, one for the Majority Leader, one for the Minority Leader, one for the Majority Whip, one for the Minority Whip, for carrying the mails, and for official use of the offices of the Secretary and Sergeant at Arms, $40,000. INQUIRIES

2 USC 190b.

A N D INVESTIGATIONS

For expenses of inquiries and investigations ordered by the Senate, or conducted pursuant to section 134(a) of Public Law 601, Seventyninth Congress, including $538,205 for the Committee on Appropriations, to be available also for the purposes mentioned in Senate Resolution Numbered 193, agreed to October 14, 1943, $16,253,175. FOLDING DOCUMENTS

For the employment of personnel for folding speeches and pamphlets at a gross rate of not exceeding $3.68 per hour per person, $82,045. MISCELLANEOUS ITEMS

For miscellaneous items, $12,921,450. POSTAGE STAMPS

For postage stamps for the offices of the Secretaries for the Majority and Minority, $320; Chaplain, $100; and for air mail and special delivery stamps for the office of the Secretary, $610; office of the Sergeant at Arms, $240; and the President of the Senate, as authorized by law, $1,215; in all, $2,485.

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PUBLIC LAW 93-371-AUG 13, 1974 STATIONERY

(REVOLVING

427

FUND)

For stationery for the President of the Senate, $3,600, and for committees and officers of the Senate, $21,850; in all, $25,450. ADMINISTRATIVE

PROVISIONS

1. The paragraph under the heading "Administrative Provision" in chapter IV of the Supplemental Appropriations Act, 1972 (2 U.S.C. 64b) is amended by adding at the end thereof the following: "In the event that the Secretary of the Senate is absent or is to be absent for reasons other than disability (as provided in this paragraph), and makes a written designation that he is or will be so absent, the Assistant Secretary shall act during such absence as the Secretary in carrying out the duties and responsibilities of the office in all matters, except those matters relating to the Secretary's duties as such disbursing officer. The designation may be revoked in writing at any time by the Secretary, and is revoked whenever the Secretary making the designation dies, resigns, or is considered disabled in accordance with this paragraph." 2. (a) Whenever— ^ ^ tax'Tithho°din (1) the law of any State provides for the collection of an income Ind'r'^mittanceT tax by imposing upon employers generally the duty of withhold- 2 USC 60c-3. ing sums from the compensation of employees and remitting such sums to the authorities of such State; and (2) such duty to withhold is imposed generally with respect to the compensation of employees who are residents of such State; then the Secretary of the Senate is authorized, in accordance with the provisions of this section, to enter into an agreement with the appropriate official of that State to provide for the withholding and remittance of sums for individuals— (A) whose pay is disbursed by the Secretary; and (B) who request the Secretary to make such'withholdings for remittance to that State, (b) Any agreement entered into under subsection (a) of this section shall not require the Secretary to remit such sums more often than once each calendar quarter. (c)(1) An individual whose pay is disbursed by the Secretary may request the Secretary to withhold sums from his pay for remittance to the appropriate authorities of the State that he designates. Amounts of withholdings shall be made in accordance with those provisions of the law of that State which apply generally to withholding by employers. (2) An individual may have in effect at any time only one request for withholdings, and he may not have more than two such requests in effect with respect to different States during any one calendar year. The request for withholdings is effective on the first day of the first month commencing after the day on which the request is received in the Disbursing Office of the Senate, except that— (A) when the Secretary first enters into an agreement with a State, a request for withholdings shall be effective on such date as the Secretary may determine; and (B) when an individual first receives an appointment, the request shall be effective on the day of appointment, if the individual makes the request at the time of appointment. (3) An individual may change the State designated by him for the purposes of having withholdings made and request that the withholdings be remitted m accordance with such change, and he may also revoke his request for withholdings. Any change in the State designated

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[88 STAT.

or revocation is effective on the first day of the first month commencing after the day on which the request for change or the revocation is received in the Disbursing Office. Rules and (4) ^ h e Secretary is authorized to issue rules and regulations he regu ations. cousidcrs appropriate in carrying out this subsection. (d) The Secretary may enter into agreements under subsection (a) of this section at such time or times as he considers appropriate. (e) This section imposes no duty, burden, or requirement upon the United States, the Senate, or any officer or employee of the United States, except as specifically provided in this section. Nothing in this section shall be deemed to consent to the application of any provision of law which has the effect of subjecting the United States, the Senate, or any officer or employee of the United States to any penalty or liability by reason of the provisions of this section. Any paper, form, or document filed with the Secretary under this section is a paper of the Senate within the provisions of rule X X X of the Standing Rules of the Senate. «'State." (f^ j^or the purposes of this section, "State" means any of the States of the United States and the District of Columbia. offic^^s ^icl^ ^- (^) "^^^ Sergeant at Arms of the Senate shall secure for each 2 USC 59.' Senator office space suitable for the Senator's official use in places designated by the Senator in the State he represents. That space shall be secured in post offices or other Federal buildings at such places. I n the event suitable office space is not available in post offices or other Federal buildings, the Sergeant at Arms shall secure other office space in those places. (b) The aggregate square feet of office space secured for Senator shall not at any time exceed— (1) 4,800 square feet if the population of his State is less than 2,000,000; (2) 5,000 square feet if such population is 2,000,000 but less than 3,000,000; (3) 6,200 square feet if such population is 3,000,000 but less than 4,000,000; (4) 5,400 square feet if such population is 4,000,000 but less than 5,000,000; (5) 5,800 square feet if such population is 5,000,000 but less than 7,000,000; (6) 6,200 square feet if such population is 7,000,000 but less than 9,000,000; (7) 6,400 square feet if such population is 9,000,000 but less than 10,000,000; (8) 6,600 square feet if such population is 10,000,000 but less than 11,000,000; (9) 6,800 square feet if such population is 11,000,000 but less than 12,000,000; (10) 7,000 square feet if such population is 12,000,000 but less than 13,000,000; (11) 7,400 square feet if such population is 13,000,000 but less than 15,000,000; (12) 7,800 square feet if such population is 15,000,000 but less than 17,000,000; or (13) 8,000 square feet if such population is 17,000,000 or more. rr,^^"^^^^' r?^1V"» (c) The maximum annual rate that may be paid for the rental of an mum annual rate.

\

/

.

i

rv

i i T ^ i i i * i i

office secured for a Senator not m a post office or other 1 ederal build^ ing shall not at any time exceed the applicable rate per square foot charged Federal agencies by the Administrator of General Services, based upon a 100 percent building quality rating, for office space located m the place in which the Senator's office is located, multiplied by the number of square feet contained in that office used by the Senator and his employees to perform their duties.

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PUBLIC LAW 93-371-AUG. 13, 1974

(d)(1) Notwithstanding subsection (b), the aggregate square feet of office space secured for a Senator who is a Senator on July 1, 1974, shall not at any time exceed, as long as he continuously serves as a Senator, the greater of— (A) the applicable square footage limitation of such subsection; or (B) the total square footage of those offices that the Senator has on such date and which are continuously maintained in the same buildings in which such offices were located on such date. (2) The provisions of subsection (c) do not apply to any office that a Senator has on July 1, 1974, not in a post office or other Federal building, as long as— (A) that Senator continuously serves as a Senator; and (B) that office is maintained in the same building in which it was located on such date and contains not more than the same number of square feet it contained on such date. (e) Clause (4) of subsection (a), the last sentence of subsection (c), and subsection (d) of section 506 of the Supplemental Appropriations Act, 1973, are repealed. (f) This section is effective on and after July 1, 1974. 4. The Secretary of the Senate, the Sergeant at Arms and Doorkeeper of the Senate, and the Legislative Counsel of the Senate shall each be paid at an annual rate of compensation of $38,760. The Secretary for the Majority (other than the incumbent holding office on June 15, 1974) and the Secretary for the Minority shall each be paid at an annual rate of compensation of $38,190. The Secretary for the Majority (as long as that position is occupied by such incumbent) may be paid at a maximum annual rate of compensation not to exceed $38,190. The four Senior Counsels in the Office of the Legislative Counsel of the Senate shall each be paid at an annual rate of compensation of $37,620. The Assistant Secretary of the Senate, the Parliamentarian, and the Financial Clerk may each be paid at a maximum annual rate of compensation not to exceed $37,620. The Administrative Assistant in the Office of the Majority Leader, the Assistant Secretary for the Majority, the Administrative Assistant in the Office of the Minority Leader, and the Assistant Secretary for the Minority may each be paid at a maximum annual rate of compensation not to exceed $36,765. The Administrative Assistant in the Office of the Majority Whip and the Administrative Assistant in the Office of the Minority Whip may each be paid at a maximum annual rate of compensation not to exceed $35,625. The two committee employees other than joint committee employees referred to in clause (A), and the three committee employees referred to in clause (B), of section 105(e)(3) of the Legislative Branch Appropriation Act, 1968, as amended and modified, may each be paid at a maximum annual rate of compensation not to exceed $37,050. The four committee employees other than joint committee employees referred to in such clause (A) and the sixteen committee employees referred to in such clause (B) may each be paid at a maximum annual rate of compensation not to exceed $35,625. The one employee in a Senator's office referred to in section 105(d)(2) (ii) of such Act may be paid at a maximum annual rate of compensation not to exceed $37,050. Any officer or employee whose pay is subject to the maximum limitation referred to in section 105(f) of such Act may be paid at a maximum annual rate of compensation not to exceed $37,050. This paragraph does not supersede (1) any provision of an order of the President pro tempore of the Senate authorizing a higher rate of compensation, and (2) any authority of the President pro tempore to adjust rates of compensation or limitations referred to in this paragraph under section

Repeal. 2 USC 58. Effective date. 2 USC 59 note. 2 USC 61a, 61e, ^^, 273, 61g.

2 USC 274 note. 2 USC 61a-3, 61b, 64a-l. 2 USC 61h-l, 61h.

2 USC 61j.

2 USC 61-1,

2 USC 61-1.

2 USC 61a note.

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[88 STAT.

2 USC 60a note. 4 ^f ^^^ Federal Pay Comparability Act of 1970. This paragraph is effective July 1, 1974. Ji^^}^°\^°^'"'^' 5. Effective July 1, 1974, the last full paragraph under the heading o? duty compen- " ADMINISTRATIVE PROVISIONS " in the appropriation for the ^^*'°"" onfi Senate in the Legislative Branch Appropriation Act, 1972, is amended 5te. to read as lollows: note 40 USC 206c. "Each officer or member of the Capitol Police force whose compensation is disbursed by the Secretary of the Senate, who performs duty in addition to the number of hours of his regularly scheduled tour of duty for any day on or after July 1, 1974, is entitled to be paid compensation (when ordered to perform such duty by proper authority) or receive compensatory time off for each such additional hour of duty, except that an officer shall be entitled to such compensation only upon a determination made by the Capitol Police Board with respect to any additional hours. Compensation of an officer or member for each additional hour of duty shall be paid at a rate equal to his hourly rate of compensation in the case of an officer, and at a rate equal to one and one-half times his hourly rate of compensation for a member of such force. The hourly rate of compensation of such officer or member shall be determined by dividing his annual rate of compensation by 2,080. Any officer or member entitled to be paid compensation for such additional hours shall make a written election, which is irrevocable, whether he desires to be paid that compensation or to receive compensatory time off instead for each such hour. Compensation due officers and members under this paragraph shall be paid by the Secretary, upon certification by the Chief of the Capitol Police at the end of each calendar quarter and approval of the Capitol Police Board, from funds available in the Senate appropriation, 'Salaries, Officers and Employees' for the fiscal year in which the additional hours of duty are performed without regard to the limitations specified therein. Any compensator^^ time off accrued and not used by an officer or member at the time he is separated from service on the Capitol Police force may not be transferred to any other department, agency, or establishment of the United States Government or the government of the District of Columbia, and no lump-sum amount shall be paid for such accrued time. The Capitol Police Board is authorized to prescribe regulations to carry out this paragraph.". 2 USC 61-1 6. Effective July 1, 1974, the first sentence of section 105(d)(1)(A) note. Tvsc 61-1. of the Legislative Branch Appropriation Act, 1968, as amended and modified, is amended to read as follows: "The aggregate of gross compensation paid employees in the office of a Senator shall not exceed during each calendar year the following: "$370,215 if the population of his State is less than 2.000,000; "$381,330 if such population is 2,000,000 but less than 3,000,000 "$408,120 if such population is 3,000,000 but less than 4,000,000 "$442,605 if such population is 4,000,000 but less than 5,000,000 "$470,820 if such population is 5,000,000 but less than 7,000,000 "$500,460 if such population is 7,000,000 but less than 9,000,000 "$532,665 if such population is 9,000,000 but less than 10,000,000 "$557,460 if such population is 10,000,000 but less than 11,000,000; "$589,950 if such population s 11,000,000 but less than 12,000,000; "$614,745 if such population s 12,000,000 but less than 13,000,000; "$646,380 if such population s 13,000,000 but less than 15,000,000; "$678,015 if such population s 15,000,000 but less than 17,000,000; "$709,650 if such population is 17,000,000 or more."

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PUBLIC LAW 93-371-AUG. 13, 1974

7. Any witness requested to appear before the Majority Policy Committee or the Minority Policy Committee shall be entitled to a witness fee for each full day spent in traveling to and from the place at which he is to appear, and reimbursement of actual and necessary transportation expenses incurred in traveling to and from that place, at rates not to exceed those rates paid witnesses appearing before committees of the Senate. HOUSE OF REPEESENTATIVES COMPENSATION AND MILEAGE FOR THE MEMBERS COMPENSATION OF MEMBERS

For compensation of Members, as authorized by law (wherever used herein the term "Member" shall include Members of the House of Representatives, the Resident Commissioner from Puerto Rico, the Delegate from the District of Columbia, the Delegate from Guam, and the Delegate from the Virgin Islands), $20,373,580. MILEAGE OF MEMBERS

For mileage of Members, as authorized by law, $210,000. HOUSE LEADERSHIP OFFICES

For salaries and expenses, as authorized by law, $1,095,655, includi n g: Office of the Speaker, $316,090, including $10,000 for official expenses of the Speaker; Office of the Majority Floor Leader, $228,490, including $3,000 for official expenses of the Majority Leader; Minority Floor Leader, $174,185, including $3,000 for official expenses of the Minority Leader; Majority Whip, $188,445, including not to exceed $41,910 for the Chief Deputy Majority "Whip; Minority Whip, $188,445, including not to exceed $41,910 for the Chief Deputy Minority Whip. SALARIES, OFFICERS AND EMPLOYEES

For compensation and expenses of officers and employees, as authorized by law, $16,548,150, including: Office of the Clerk, $3,726,145; Office of the Sergeant at Arms, $6,771,610; Office of the Doorkeeper, $3,166,205; Office of the Postmaster, $924,645, including $16,840 for employment of substitute messengers and extra services of regular employees when required at the salary rate of not to exceed $9,091 per annum each; Office of the Chaplain, $19,770; Office of the Parliamentarian, including the Parliamentarian and $2,000 for preparing the Digest of the Rules, $196,020; for compiling the precedents of the House of Representatives, $195,000; Official Reporters of Debates, $467,685; Official Reporters to Committees, $520,395; two printing clerks, one for the majority appointed by the majority leader and one for the minority appointed by the minority leader, $26,935 to be equally divided; a technical assistant in the Office of the Attending Physician, to be appointed by the Attending Physician subject to the approval of the Speaker, $24,205; the House Democratic Steering Committee, $148,710; the House Republican Conference, $148,710; and six minority employees, $212,115. Such amounts as deemed necessary for the payment of salaries of officers and employees within this appropriation may be transferred among offices upon the approval of the Committee on Appropriations of the House of Representatives.

431 Witness fees. 2 USC 195b.

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