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Fitzgerald FITZGERALD, PETER GEORGE (1808–1880), nineteenth Knight of Kerry, eldest surviving son of the Right Hon. Maurice Fitzgerald [q. v.] of Glanleam, by Maria, daughter of the Right Hon. David la Touche of Marlay, co. Dublin, was born 15 Sept. 1808. He began life in the banking-house of his maternal grandfather at Dublin. He subsequently entered the public service, and was appointed vice-treasurer of Ireland in the last ministry of Sir Robert Peel. Succeeding his father in 1849, from that period he resided almost constantly on the island of Valentia, devoting himself indefatigably to the duties of an Irish landlord, the improvement of his estates, and the welfare of his tenantry. He especially earned the thanks of the people by the erection of substantial homesteads in place of the wretched cabins with which the middleman system had covered the west of Ireland. Fitzgerald manifested a keen interest in all questions which had a practical bearing on the progress or prosperity of Ireland; and in able contributions to the 'Times' he deprecated the censure which at that time and since was cast indiscriminately upon all Irish landlords. His own admirable personal qualities, his hatred of abuses, his engaging manners, and his generous nature, made him a great favourite with the Irish peasantry. His hospitality at Glanleam was enjoyed by the Prince of Wales and other distinguished guests. The Atlantic cable had its British termination on his estates, and he evinced much public spirit and energy in connection with the successful laying of the cable. He married in 1838 Julia Hussey, daughter of Peter Bodkin Hussey of Farranikilla House, co. Kerry, a lineal descendant of the Norman family of Hoses, which settled on the promontory of Dingle in the thirteenth century. By this lady he had four sons and seven daughters. Fitzgerald was a magistrate and deputy-lieutenant for co. Kerry, and was high sheriff of Kerry in 1849, and of co. Carlow in 1875. On 8 July 1880 the queen conferred upon him a baronetcy. Fitzgerald was then, however, suffering from a dangerous malady, and he died on 6 Aug. following. He was succeeded in the title and estates by his eldest son, Captain Maurice Fitzgerald, who served with distinction in the Ashantee war, being present at the battles of Amoaful, Becquah, and Ordahau, and at the capture of Coomassie. [Times, 9 Aug. 1880; Guardian, vol. xxxv.; Kerry Evening Post, 11 Aug. 1880.]   FITZGERALD, RAYMOND, surnamed ( d. 1182), was the son of William, the elder brother of Maurice Fitzgerald, d. 1176 [q. v.], and Robert Fitzstephen [q. v.] (Expugnatio Hibernica, pp. 248, 310), who preceded him in the invasion of Ireland, whither he was sent as Strongbow's representative in April 1170 [see, d. 1176], He landed at Dundunnolf, near Waterford (c. 1 May), at the head of ten knights and seventy archers, and at once entrenched himself behind a turf fortification. Here he was besieged by the Ostmen of Waterford in alliance with the Irish of Decies and Idrone. A sudden sally repelled the assailants with a loss of seventy prisoners. Raymond spared their lives against the advice of Hervey de Mountmaurice, who had represented Strongbow in Ireland before he himself arrived, and a long feud arose from this (Exp. Hib. pp. 250-3;, pp. 70-2; Ann. Four Masters, i. 1177; Annals of Inisf. p. 114). Four months later Earl Strongbow reached Ireland, and the fall of Waterford was due to Raymond, who, in the words of Giraldus, was totius exercitus dux et tribunus militiaeque princeps' (25 Aug. 1170). After the earl's marriage to Dermot's daughter, Raymond accompanied his lord to Ferns. In the Dublin expedition he led the centre of the army, having eight hundred 'companions' under his orders. There Raymond and Miles de Cogan, tired of negotiations, broke into the place and drove its ruler Asculf to his ships, 21 Sept. 1170 (Exp. Hib. pp. 256-8;, pp. 73-82; Ann. Four Masters, p. 1177; Annals of Boyle, p. 28). Raymond was soon afterwards sent by the earl to place all his conquests at the disposal of Henry II. Raymond seems to have met Henry in Aquitaine (c. December 1170 to January 1171). He led the first or second squadron in the famous sally from Dublin about July 1171. He probably returned to England with Henry II in April 1172, as he was not one of those to whom the king gave grants of Irish land on leaving the country. A year later, when Strongbow's services in Normandy were rewarded by permission to return to Ireland, he insisted upon taking Raymond with him (Exp. Hib. pp. 256-98;, pp. 73-8). During the earl's absence Henry de Mountmaurice had apparently occupied his post. The Irish had revolted, the earl's soldiers were unpaid, and threatened to return to England or join the Irish unless Raymond became their constable. The earl yielded, and Raymond led his old troops on a plundering expedition against Offaly; Dermot MacCarthy was routed near Lismore, and four thousand head of cattle were driven into Waterford. Three or four years before the earl had given the constableship of Leinster


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PUBLIC LAW 91-297-JUNE 30, 1970 "SALARY SCHEDULE Longevity step

Service step "Salary class and title 1

2

3

4

5

6

A

B

C

Class 10 23,800 25,780 27,760 29,750 Assistant chief of police. Assistant fire chief. Commanding officer of the Executive Protective Service. Commanding officer of the U.S. Park Police. Class 11 . - . 28,500 29,925 31,350 32,775 Fire chief. Chief of police."

SEC. 103. The rates of basic compensation of officers and members to C o m p e n s a t i o n whom the amendments made by section 102 of this title apply shall be r a t e s, adjustment. adjusted as follows: Each officer and member receiving basic compensation immediately prior to the effective date of this title at one of the scheduled service or longevity rates of a salary class or subclass in the salary schedule in section 101 of the District of Columbia Police and Firemen's Salary Act of 1958 shall receive a rate of basic compensation Ante, p. 354. at the corresponding scheduled service or longevity step in effect on and after the effective date of this title, except that: (1) Each officer or member who immediately prior to the effective date of this title was assigned as technician I or plainclothesman in subclass (b) of salary class 1 or as technician II, station clerk, or motorcycle officer in subclass (c) of salary class 1 shall, on the effective date of this title, be assigned as and receive basic compensation as technician, plainclothesman, station clerk or motorcycle officer in subclass (b) of salary class 1 at the service step or longevity step in subclass (b) corresponding to that service step or longevity step in which he was serving immediately prior to the effective date of this title. (2) Each officer or member who immediately prior to the effective date of this title was serving as a fire inspector assigned as technician I or technician II in subclass (b) or (c) of salary class 2 shall, on the effective date of this title, be placed and receive basic compensation as fire inspector assigned as technician in subclass (b) of salary class 2 at the service step or longevity step in subclass (b) corresponding to that service step or longevity step in which he was serving immediately prior to the effective date of this title. (3) Each officer or member who immediately prior to the effective date of this title was serving in service step 1, 2, 3, or 4 of subclass (b) of salary class 9 shall, on the effective date of this title, be placed in and receive basic compensation in salary class 10 at the service step corresponding to that service step in which he was serving immediately prior to the effective date of this title. Each officer or member who immediately prior to the effective date of this title was serving in longevity step A or B of subclass (b) of salary class 9 shall, on the effective date of this title, be placed in and receive basic compensation in service step 4 of salary class 10. F i r Chief; (4) The Fire Chief and Chief of Police who immediately prior to Chiefe of Police,, the effective date of this title were serving in salary class 10 shall, on the effective dat« of this title, be placed in and receive basic compensation in salary class 11 and each shall be placed at the respective service step in which he was serving immediately prior to the effective date of this title. lers (5) Each officer or member of the Metropolitan Police-force and a dDog oh a n dcom-, diti nal United States P a r k Police force who is performing the duty of a dog p e n s a t i o n. handler on or after the effective date of this title shall receive in addition to his basic compensation an additional $595 per annum, except

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Ante, p- 354.

72 Stat. 484. Promotion or transfer, basic compensation. 72 Stat, 484; 76 Stat. 1243.

Longevity step increases. 82 Stat. 144.

Ante, p. 355.

Compensation reduction, prohibition.

Supra.

Retirement compensation, increase prohibition. 71 Stat. 391; Post, p. 1136. D.C. Code 4-521 note.

PUBLIC LAW 91-297-JUNE 30, 1970

[84 STAT.

that if a police private is classed as technician in subclass (b) of salary class 1 in the salary schedule in section 101 of the District of Columbia Police and Firemen's Salary Act of 1958 solely on account of his duties as dog handler, such police private shall not be entitled to the additional compensation authorized by this paragraph. SEC. 104. Section 303(c) of the District of Columbia Police and Firemen's Salary Act of 1958 (D.C. Code, sec. 4-829 (c)) is amended by deleting ", (b), or (c) " and inserting in lieu thereof "or (b)". SEC. 105. The first sentence of section 304 of the District of Columbia Police and Firemen's Salary Act of 1958 (D.C. Code, sec. 4-830) is amended to read as follows: "Any officer or member who is promoted or transferred to a higher salary class or subclass of a higher salary class shall receive basic compensation at the lowest scheduled rate of such higher salary class or subclass which exceeds his existing rate of compensation by not less than one step increase of the next higher step of the salary class or subclass from which he is promoted or transferred." SEC. 106. Paragraph (3) of section 401(a) of the District of Columbia Police and Firemen's Salary Act of 1958 (D.C. Code, sec. 4-832(a)) is amended to read as follows: "(3) I n the case of the officers or members serving in salary classes other than salary class 1, each longevity step increase shall be equal to one step increase of the salary class or subclass of a salary class in which the officer or member is serving." SEC. 107. (a) Each officer and member in active service on the effective date of this title to whom section 103 of this title and the amendment made by section 102 of this title apply, who is receiving basic compensation at one of the scheduled service or longevity steps of a salary class or subclass other than subclass (a) or (b) of salary class 1, and whose latest promotion has been subsequent to January 5, 1963, and prior to the effective date of this title shall (1) be placed in the service or longevity step of his salary class or subclass which provides a salary not less than the amount he would have received as a result of sections 102,103, and 105 of this title had such promotion occurred on or after the effective date of this title, and (2) receive the appropriate scheduled rate of basic compensation for such step in the salary class or subclass in which he is serving. (b) The rate of basic compensation received by any officer or member under the provisions of section 103 of this title and the amendment made by section 102 of this title shall not be reduced by reason of the enactment of this section. (c) Any officer or member who receives additional compensation as a result of the enactment of this section shall be credited with any active service he has rendered in the service or longevity step in which he was serving immediately prior to the effective date of this title for subsequent advancement purposes under the provisions of section 303 or section 401, as the case may be, of the District of Columbia Police and Firemen's Salary Act of 1958 (D.C. Code, sec. 4-829, sec. 4-832). (d) Notwithstanding any other provision of this or any other law, individuals retired from active service prior to the effective date of this title and entitled to receive a pension relief allowance or retirement compensation under the provisions of section 12 of the Policemen and Firemen's Retirement and Disability Act shall not be entitled to receive an increase in their pension relief allowance or retirement compensation by reason of the enactment of this section. SEC. 108. All retired officers and members of the Metropolitan Police force who at any time prior to October 1, 1956, held the rank of Assistant Superintendent shall be held and considered for the purpose of computing retirement benefits payable on and after the effective date of this title to have retired in the rank of Assistant Chief.

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SEC. 109. (a) Retroactive compensation or salary shall be paid by g^s*'i°o^"^ °'"' reason of this title only in the case of an individual in the service of the provisions. District of Columbia government or of the United States (including service in the Armed Forces of the United States) on the date of enactment of this title, except that such retroactive compensation or salary shall be paid (1) to an officer or member of the Metro{)olitan Police force, the Fire Department of the District of Columbia, the United States P a r k Police force, or the Executive Protective Service, who retired during the period beginning on the first pay of the first day period which began on or after July 1, 1969, and ending on the date of enactment of this title for services rendered during such period, and (2) in accordance with the provisions of subchapter VIII of chapter 55 of title 5, United States Code (relating to settlement so Stat. 495; of accounts of deceased employees), for services rendered during the 5 USC sssiperiod beginning on the first day of the first pay period which began 5584. on or after July 1, 1969, and ending on the date of enactment of this title by an officer or member who dies during such period. (b) For the purposes of this section, service in the Armed Forces " ^ '^^"^^ service. ^ of the United States, in the case of an individual relieved from training and service in the Armed Forces of the United States or discharged from hospitalization following such training and service, shall include the period provided by law for the mandatory restoration of such individual to a position in or under the Federal Government or the municipal government of the District of Columbia. SEC. 110. (a) Paragraph 3 of section 102 of the Act of November 13, 1966 (D.C. Code, sec. 4-823d-l (3)), is amended by inserting after 8° ^'^'' i592,. " 5 " the following: ", 6, or". (b) The amendment made by this section shall be effective only with Effective date. respect to pay periods beginning on or after the effective date of this title. SEC. 111. For the purpose of determining the amount of insurance su?Ince."^^ *"' for which an individual is eligible under the provisions of chapter 87 of title 5, United States Code (relating to Government employees group 8iStat.''*2i9!^' life insurance), all changes in rates of compensation or salary which 646. * result from the enactment of this Act shall be held and considered to gy^ie^^^ ^^°^' be effective as of the date of enactment of this title. SEC. 112. This title and the amendments made by this title shall take Elective date. effect on the first day of the first pay period beginning on or after July 1, 1969. TITLE II—MISCELLANEOUS PROVISIONS RELATING TO CERTAIN POLICE MATTERS SEC. 201. (a) The uniform of officers and members of the United „ s ° n r "mSem^' States P a r k Police force, the Executive Protective Service, the Capi- ' ' ^^ ^"^ tol Police, and the Metropolitan Police force of the District of Columbia shall bear a distinctive patch, pin, or other emblem depicting the flag of the United States or the colors thereof. (b) The Secretary of the Interior in the case of the United States Reg"ia"°ns. Park Police force, the Secretary of the Treasury in the case of the Executive Protective Service, the Capitol Police Board in the case of the Capitol Police, and the Commissioner of the District of Columbia in the case of the Metropolitan Police force shall prescribe such regulations as may be necessary to carry out the purposes of this section. (c) This section shall take effect one hundred and eighty days after Effective date. the date of enactment of this title.

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 White House P o l i c e, change of name.

70 Stat. 646; 78 Stat. 698.

R e s i d e n c e requirement, waiver authority.

[84 STAt.

PUBLIC LAW 91-297-JUNE 30, 1970

358

SEC. 202. All laws of the United States in force on the date of enactment of this title in which reference is made to the White House Police force are amended by substituting "Executive Protective Service" for each such reference. SEC. 203. The first section of the Act entitled "An Act to authorize the Commissioners of the District of Columbia to prescribe the area within which officers and members of the Metropolitan Police force and the Fire Department of the District of Columbia may reside", approved July 25, 1956 (D.C. Code, sec. 4-132a) is amended— (A) by inserting immediately after " (a) " the following: "except as otherwise provided in subsection (b) of this section,"; (B) by striking out ", except as otherwise provided in subsection (b) of this section," in the second sentence; (C) by striking out "twelve" and inserting in lieu thereof "twenty-five"; and (D) by amending subsection (b) to read as follows: " (b) For the purpose of this Act, the Chief of Police of the Metropolitan Police force and the Fire Chief of the Fire Department of the District of Columbia, as the case may be, may in individual cases waive the requirement that an officer or member reside within the Washington, District of Columbia, metropolitan district." TITLE III—SALARY INCREASE FOR DISTRICT OF COLUMBIA T E A C H E R S

Citation of title.

82 Stat. 132, 135.

SEC. 301. This title may be cited as the "District of Columbia Teachers' Salary Act Amendments of 1970". SEC. 302. The District of Columbia Teachers' Salary Act of 1955 (D.C. Code, sec. 31-1501 et seq.) is amended as follows: (1) Section 1 (D.C. Code, sec. 31-1501) is amended by striking the salary schedules contained therein and inserting in lieu thereof the following: Service step "Salary class and group 1

2

3

4

5

6

7

8

9

Class 1: $38,500 Class 2: Group A, Deputy superintendent

... 31,000 29,000

Class 3: Assistant su perintendent Class 4 Director, curriculum. Director, staff development. Executive assistant to superintendent. Class 5: Group C, master's degree plus 30 credit hours Chief examiner. Executive assistants to associate superintendents. Director of food services. Director, industrial and adult education. Executive assistant to deputy superintendent.

22,190 $22,720 $23,250 $23,780 $24,310 $24,840 $25,370 $25,900 $26,430 19,480 19,940 20,400 20,860 21,320 21,780 22,240 22,700 23,160

17,600 18,040 18,480 18,920 19,360 19,800 20,240 20,680 21,120 18,380 18,820 19,260 19,700 20,140 20,580 21,020 21,460 21,900 18,770 19,210 19,650 20,090 20,530 20,970 21,410 21,850 22,290 19,160 19,600 20,040 20,480 20,920 21,360 21,800 22,240 22,680

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PUBLIC LAW 91-297-JUNE 30, 1970 Service step

"Salary class and group

Class 6: Group B, master's degree Level IV, principal Level III, principal Level II, principal— Level I, principal Group C, master's degree plus 30 credit hours Level IV, principal Level III, principal Level II, principal Level I, principal Group D, doctor's degree Level IV, principal... Level III, principal Level II, principal. Level I, principal Assistant to assistant superintendent (elementary schools). Assistant to assistant superintendent (junior and senior high schools). Assistant to assistant superintendent (general research, budget, and legislation). Assistant to assistant superintendent of pupil personnel services. Assistant to assistant superintendent (industrial and adult education, vocational education, evening and summer school). Director, elementary education (supervision and instruction). Director, health, physical education, athletics, and safety. Director, special education. Principal, senior high school. Principal, junior high school. Principal, elementary school. Principal, vocational high school. Principal, Americanization school. Principal, boys' junior-senior high school. Principal, Capitol Page School. Principal, health school. Principal, laboratory school. Principal, veterans' high schooL Class?: Group B, master's degree Group C, master's degree plus 30 credit h o u r s... Group D, doctor's degree Supervising director, elementary education (supervision and instruction). Supervising director, audio-visual instruction. Supervising director, adult education and summer school. Supervising director, subject field. Supervising director, reading clinic. Supervising director, athletics. Director, school attendance. Supervising director, curriculum. Director, elementary education. Director, elementary education (administration).

47-348 O - 72 - 27 (Pt. 1)

$17,860 17,860 17,345 16,830 16,315 18,250 18,250 17,735 17,220 16,705 18,640 18,640 18,125 17.610 17,095

$18,285 $18,710 18,285 18,710 17,770 18,195 17,255 17,680 16,740 17,165 18.675 18,675 18,160 17,645 17,130 19.065 19,065 18.550 18,035 17,520

19,100 19,100 18,585 18,070 17,555 19,490 19,490 18,975 18,460 17,945

$19,135 19,135 18,620 18,105 17,590 19,525 19,525 19,010 18,495 17,980 19,915 19,915 19,400 18,885 18,370

$19,560 $19,985 19,560 19,985 19,045 19,470 18.530 18,955 18,015 18,440 19,950 19,950 19,435 18,920 18,405 20,340 20,340 19.825 19,310 18,795

20,375 20,375 19,860 19,345 18.830 20.765 20,765 20.250 19,735 19,220

$20,410 $20,835 20,410 20,835 19,895 20,320 19,380 19,805 18,865 19,290 20,800 20,800 20.285 19,770 19,255 21,190 21,190 20,675 20,160 19,645

21,225 21,225 20,710 20,195 19,680 21,616 21,615 21,100 20.585 20,070

$21,260 21,260 20,745 20,230 19,715 21,650 21,650 21,135 20,620 20,105 22,040 22,040 21, 525 21,010 20,495

16,205 16,595 16,985 17,375 17,765 18,155

18,545 18,935

19,325

16,595 16,985 17,375 17,765 18,155 18,545 16,985 17,375 17,765 18,155 18,545 18,935

18,935 19,325 19,325 19,715

19,715 20,105

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[84 STAT.

Service step

Class 8: Group B, master's degree $14,800 $15,175 $15,550 $15,925 $16,300 $16,675 $17,050 $17,425 $17,800 Group C, master's degree plus 30 credit hours ., 15,190 15,565 15,940 16,315 16,690 17,065 17,440 17,815 18,190 15,580 15,955 16,330 16,705 17,080 17,455 17,830 18,205 18,580 Group D, doctor's degree Statistical analyst. Assistant principal, senior high school. Assistant principal, junior high school. Assistant principal, elementary school. Assistant principal, vocational high school. Assistant principal, Americanization school. Assistant principal, health school. Class 9: Group A, bachelor's degree. 13,880 14,240 14,600 14,960 15,320 15.680 16, 040 16,400 16,760 Group B, master's degree _ 14,660 15,020j 15,380 15,740 16,100 16,460 16,820 17,180 17,540 Group C, master's degree plus 30 credit hours 15,050, 15,410 15,770 16,130 16,490 16,850; 17,210 17,570 17,930 Group D, doctor's degree.-.. 15,440 15,800 16,160, 16,520 16.880 17,240 17,600 17,960 18,320 Assistant director, food services. Class 10: Group B, master's degree... 14,095 14,445 14,795 15,145 15,495 15,845| 16,195 16,545 16,895 Group C, master's degree plus 30

credit hours Group D, doctor's degree Assistant director, audio visual instruction. Assistant director, subject field. Assistant director, adult education and summer schoolSupervisor, elementary education. Class 11: Group B, master's degree Group C, master's degree plus 30 credit hours Group D, doctor's degree. Assistant director, practical nursing. Class 12: Group B, master's degree Group C, master's degree plus 30 credit hours _. Group D, doctor's degree Chief attendance officer. Clinical psychologist. Class 13: Group B, master's degree.. Group C, master's degree plus 30 credit hours Group D, doctor's degree Psychiatric social worker.

14,485 14,835 15,185 15,535 15,885 16,235 16,585 16,935 17,285 14,875, 15,225 15,575 15,925 16,275, 16,625 16,975 17,325 17,675

13,670 14,005 14,340 14,675 15,010 15,345 15,680 16,015 16,350 14,060 14,395 14,7301 15,065 15,400, 15,735 16,070 16,405 16,740 14,450 14,785 15,120' 15,455 15,790 16,125 16,460 16,795 17,130 13,200 13,525 13,850 14,175 14,500 14,825 15,150 15,475 15,800 13,590 13,915 14,240 14,565 14,890 15,215 15,540 15,865 16,190 13,980 14,305 14,630 14,955 15, 2801 15,605 15,930 16,255 16,580 12,080 12,456 12,850 13,235 13,620 14,005 14,390 14,775 15,160 12,470 12,855 13,240 13,625 14,010 14,395 14,780! 15,165 15,550 12,860 13,245 13,630 14,015 14,4001 14,785 15,170| 15,555 15,940

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Fitzgerald to Robert de Quenci, along with his sister's hand. Robert was soon slain, leaving an infant daughter ; and Raymond now wished to marry the widow, and thus become the guardian of the baby heiress. When his petition was refused Raymond made the death of his father an excuse for crossing over into Wales, and Hervey once more became the acting constable. An unfortunate expedition into Munster was the signal for a general Irish rising. Strongbow was besieged in Waterford (1174) ; Roderic of Connaught had burst into Meath, and was laying everything waste as far as Dublin (Exp. Hib. pp. 308-11 ;, pp. 130-7 ; Ann. Four Masters, ii. 15-18 ; Annals of Boyle, p. 29 ; Annals of Inisf. p. 116). The earl now offered his sister's hand to Raymond in reward for help. Raymond and his cousin Meiler hurried over to Wexford just in time to save the town, marched to Waterford, and brought back the earl to Wexford. The marriage took place a few days later, and on the morrow Raymond starred for Meath. Roderic retreated before him and peace was restored, though the new constable did not leave this province until he had repaired the ruined castles of Trim and Duleek (Exp. Hib. pp. 310-14 ;, pp. 142-3 ; cf. Ann. Four Masters ; Boyle ; Inisfallen). A short calm followed. Raymond took part in promoting the alliances by which the Normans solidified their interests. His cousin Nesta married Hervey de Mountmaurice, and his influence brought about the union of William Fitzgerald and Alina, the earl's daughter (Exp. Hib. p. 314). In the summer of 1175 Donald O'Brien, king of Munster, threw off his allegiance to King Henry, and Raymond was despatched with some eight hundred men against Limerick. There he found the Irish drawn up on the opposite bank of the river (Shannon sic) in such strength that his soldiers feared to cross until Meiler Fitzhenry passed over alone, and Raymond, going to his rescue, was at last followed by the army. The town was taken, provisioned and garrisoned, and the constable turned back towards Leinster (ib. pp. 320-3;, pp. 160-4 ; cf. Ann. Four Masters, Boyle, and Inisf.) Meanwhile Hervey de Mountmaurice had accused Raymond before the king of endeavouring to supplant the royal authority in Leinster and all Ireland. Henry recalled Raymond, who was about to obey, when Donald O'Brien again revolted. The earl's household refused to march without Raymond to command them. The king's envoys consented, and the constable started for Limerick once more at the head of a mixed army of English and Irish. On Easter eve (3 April 1176) he forced his way through the pass of Cashel, and three days later entered Limerick, upon which Donald and Roderic of Connaught renewed their fealty to the king of England (Exp. Hib. pp. 327-31). From Limerick he set out for Cork to aid Dermot Macarthy, prince of Desmond, who had been expelled by his son Cormac. News of the earl's death (c. 1 June 1176) called him back to Limerick, which he now determined to evacuate in order that he might have larger forces for the defence of Connaught in the event of a general rebellion among the Irish. Donald O'Brien undertook to hold the town for the king of England, but fired it as soon as it was evacuated (ib. pp. 327-34 ; Ann. Four Masters, p. 25 ; Inisfallen, p. 117). Raymond now ruled Ireland till the coming of William Fitzaldhelm, the new governor, to whom he at once handed over the castles in his possession. If we may trust Giraldus, Fitzaldhelm, unmollified by this conduct, set himself to destroy the whole power of the Geraldines, who were soon despoiled of their lands. Raymond now lost his estates near Dublin and Wexford. Next year Hugh de Lacy succeeded Fitzaldhelm, and a general redistribution of Ireland among the English adventurers took place in May 1177. It was now that Robert Fitzstephen and Miles de Cogan received the kingdom of South Munster (i.e. of Desmond or Cork) from Lismore west (H,ii. 134; cf. Inisfallen, p.ll7). A few years later, when Fitzstephen's sons had perished (1182 according to the Irish Annals) and the Irish seemed on the point of winning back their land, Raymond hurried from Waterford to the help of his uncle, who was closely besieged in Cork. According to Giraldus, who himself came to Ireland about this time, Raymond succeeded to his uncle's estates, became master of Cork, and reduced the country to quiet (Exp. Hib. pp. 349-50, &c.) The date of his death is not given by the contemporary English chroniclers, but the 'Irish Annals' seem to assign it to 1182. This is almost certainly a mistake, as the latter writers associate his decease with that of Fitzstephen's son (Ralph), while the words of Giraldus are hardly compatible with such a synchronism (Annals of Loch Cé, sub an. 1182, and the note, with quotations, from the Annals of Ulster and Clonmacnoise ; cf. Ann. of Boyle, p. 31). Raymond Fitzgerald left no legitimate issue (Exp. Hib. pp. 345, 409). Raymond Fitzgerald was a man 'big-bodied and broad-set,' somewhat above the middle height, and inclining to corpulence. His eyes were large, full, and grey, his nose rather


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PUBLIC LAW 91-297-JUNE 30, 1970 Service step

"Salary class and group

Class 14: Group A, bachelor's degree Group B, master's degree Group C, master's degree plus 30 credit hours. Group D, doctor's degree -. Coordinator ot practical nursing. Census supervisor. Class 15: Group A, bachelor's degree Group A - 1, bachelor's degree plus 15 credit hours Group B, master's degree Group C, master's degree plus 30 credit hours. Group D, master's degree plus 60 credit hours or doctor's d e g r e e... Teacher, elementary and secondary schools. Attendance officer. Child labor inspectors. Counselor, placement. Counselor, elementary and secondary schools. Librarian, elementary and secondary schools. Research assistant. School social worker. Speech correctionist. School psychologist.

$9,250 10,030 10,420 10,810

$9,660 $10,070 $10,480 $10,890 $11,300 10,850 11,260 11,670 12,080 10,440 11,240 11,650 12,060 12,470 10,830 11,630 12,040 12,450 12,860 11,220

$11,710 12,490 12,880 13,270

7,800

8,115

8,430

8,745

9,060

9,375

9,760

8,190 8,580 8,970

8,505 8,965 9,355

8,820 9,350 9,740

9,135 9,735 10,125

9,450 10,120 10,510

9,765 10,505 10,895

10,150 10,990 11,380

9,360

9,745

10,130

10,515

10,900

11,285

11.770

Service step "Salary class and group

8

9

1 0

1 1

1 2

1 3

Class 14: $12,120 $12,530 $12,940 $13,350 $13,760 $14,170 Group A, bachelor's degree Group B, master's degree 12,900 13,310 13,720 14,130 14,540 14,950 Group C, master's degree plus 30 credit hours.. 13,290 13,700 14,110 14,520 14,930 15,340 Group D, doctor's degree. 13,680 14,090 14,500 14,910 15,320 15,730 Coordinator of practical nursing. Census supervisor. Class 15: 10,145 11,300 10,530 10,915 12,070 Group A, bachelor's d e g r e e... 11,685 Group A - 1, bachelor's degree plus 15 credit 10,535 10,920 11,305 11,690 12,075 12,460 hours Group B, master's degree 11,475 11,960 12,445 12,930 13,415 13,900 Group C, master's degree plus 30 credit hours.. 11,865 12,350 12,835 13,320 13,805 14,290 Group D, master's degree plus 60 credit hours 12,740 or doctor's degree 12,255 13,225 13,710 14,195 14,680 Teacher, elementary and secondary schools. Attendance officer. Child labor Inspectors. Counselor, placement. Counselor, elementary and secondary schools. Librarian, elementary and secondary schools. Research assistant School social worker. Speech correctionist. School psychologist."

Longevity step Y

$13,000 13,800 15,200 15,600 16.100

(2) Section 2(c)(2) (D.C. Code, sec. 31-1511 (c)(2)) is amended to read as follows: " (2) The terms 'plus fifteen credit hours' and 'plus thirty credit hours' mean the equivalent of not less than fifteen graduate semester hours beyond the bachelor's degree or thirty graduate semester hours beyond the master's degree as the case may be in academic, vocational, or professional courses, representing a definite educational program satisfactory to the Board, except that in the case of a shop teacher in the vocational education program the fifteen or thirty semester hours need not be graduate semester hours. Graduate credit hours beyond thirty which were earned prior to obtaining a master's degree may be applied in computing such thirty credit hours. The term 'plus sixty credit hours' means the

Definitions,, 69 Stat. 524; 80 Stat. 1597,.

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 362

69 Stat. 524.

Permanent s t a t u s and tenure.

80 Stat. 1598.

Post, p. 3 6 3. Change of s t a t u s, compensation. 69 Stat. 525; 80 Stat. 1598.

76 Stat. 1233; 78 Stat. 8 8 5.

PUBLIC LAW 91-297-JUNE 30, 1970

[84 STAT.

equivalent of not less than sixty graduate semester hours in academic, vocational, or professional courses beyond a master's degree, representing a definite educational program satisfactory to the Board, except that in the case of a shop teacher in the vocational education program the sixty semester hours need not be graduate semester hours. Graduate credit hours beyond thirty which were earned prior to obtaining a master's degree may be applied in computing such sixty credithours." (3) Section 3 (D.C. Code, sec. 31-1512) is amended by— (A) striking out " For " and inserting in lieu thereof " (a) Except as provided in subsection (b), for"; (B) inserting immediately after "position" each time it appears "or salary class"; and (C) by inserting at the end thereof the following new subsection: "(b) The Board of Education may place in a permanent status any fully qualified employee in salary class 15 having three or more years of satisfactory service, including service in an educational system or institution of recognized standing outside the District of Columbia, as determined by the Board, at any time beginning one year after the commencement of the probationary period of such employee. Any employee appointed to permanent status under this subsection shall be considered an employee of the Board on permanent tenure." (4) Section 4 (D.C. Code, sec. 31-1521) is amended to read as follows: "SEC. 4. Any employee of the Board of Education in group A of salary class 15 who possesses a bachelor's degree plus fifteen credit hours shall be transferred in accordance with section 10(a) and (b) to group A - 1 of salary class 15." (5) Section 5 (D.C. Code, sec. 31-1522) is amended by adding at the end thereof the following new subsection: "(f) Whenever a teacher or school officer is changed to a lower salary class or to a lower level in the same salary class as in the case of school principals in the public school system, the Superintendent of Schools is authorized to fix the rate of compensation at a rate provided for in the salary class or level to which the employee is changed which does not exceed his existing rate of compensation, except that if his existing rate falls between two service steps provided in such lower salary class or level, he shall receive the higher of such rates; if he is receiving a rate of basic compensation in excess of the maximum rate provided in such lower salary class or level in which he is to be placed, he will retain his existing rate of compensation and receive one-half of any future increases granted his new salary class or level until such time as his rate of basic compensation is no longer in excess of the maximum rate provided in such lower salary class or level. This subsection shall not apply if such reduction to a lower salary class or level is (1) for personal cause, (2) at the request of such teacher or school officer, (3) as a condition of a previous temporary promotion to a higher grade, or (4) because of a reduction in force brought about by lack of funds or curtailment of work." (6) Section 6(a)(1) (D.C. Code, sec. 31-1531 (a)(1)) is amended to read as follows: " (1) On July 1 of each year, following the effective date of the District of Columbia Teachers' Salary Act Amendments of 1970, each permanent employee in salary class 15 who is on service step 13 and has completed 15 years of creditable service shall be assigned to longevity step Y. Each permanent employee in salary class 15 who is in longevity step X, on such effective date, shall be assigned to longevity step Y. In determining years of creditable

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 84 STAT. ]

M3

PUBLIC LAW 91-297-JUNE 30, 1970

service in salary classes 3 through 15 for placement on service steps, credit shall be given for previous service in accordance with the provisions of this Act governing the placement of employees who are newly appointed, reappointed, or reassigned or who are brought under this Act in accordance with the provisions of this SGction (7) Section 6(b) (D.C. Code, sec. 31-1531 (b)) is amended by striking out the third sentence and inserting in lieu thereof the following: "On July 1 of each year, following the effective date of the District of Columbia Teachers' Salary Act Amendments of 1970, each permanent employee who has not reached the highest service step for his group, or, if his salary class has no group, the highest service step for such salary class, shall advance one such service step until he reaches the highest service step for such group or salary class. However, the Board of Education, on the written recommendation of the Superintendent of Schools, is authorized to deny any such salary advancement following any school year in which the employee fails to receive a performance rating of 'satisfactory' from his superior officer." (8) Subsections (a) and (b) of section 10 (D.C. Code, sec. 31-1535 (a) and (b)), respectively, are amended to read as follows: " (a) On and after the effective date of the District of Columbia Teachers' Salary Act Amendments of 1970, each promotion to group A - 1, group B, group C, or group D within a salary class shall become effective— "(1) on the date of the regular Board meeting of the twelfth month prior to the date of approval of promotion by the Board, or "(2) on the effective date of the master's decree or doctor's degree or on the completion of thirty or sixty credit hours beyond the master's degree or on the completion of fifteen credit hours beyond the bachelor's degree, as the case may be, whichever is later. " (b) Any employee in a position in a salary class in the salary schedules in section 1 of this Act who is promoted to group A - 1, group B, group C, or group D of such salary class shall be placed in the same numerical service step in his new group which he would have occupied in the group from which he was promoted." (9) Section 13(a) (D.C. Code, sec. 31-1542 (a)) is amended to read as follows: " (a) The Board is authorized to conduct as part of its public school system the following: summer school programs, extended school year programs, adult education programs, and Americanization schools. The pay for teachers, officers, and other education employees in the summer scnool programs, adult education school programs, and veterans' summer high school centers shall be as follows: Per period "Classification Stepl

Summer school (regular): Teacher, elementary and secondary schools; counselor, elementary and secondary schools; librarian, elementary and secondary schools; school social worker; speech correctionlst; school psychologist Psychiatric social worker.. Clinical psychologist Assistant principal, elementary and secondary schools Supervising director Pnncipal, elementary and secondary schools Veterans' summer school centers: Teacher Adult education schools: Teacher Assistant principal Principal.

Step 2

Step 3

$6.86 8.02 8.35 9.69 10.02 10.69 6.86

$7.61 8.92 9.29 10.77 11.15 11.89 7.61

$8.42 9.86 10.28 11.92 12.33 13.15 8.42

7.54 10.66 11.76

8.38 11.85 13.07

9.27 13.11 14.46.'

Service step increasesi 72 Stat. 1009; 76 Stat. 1233.

P r o m o t i o n s, effective date. 80 Stat. 1601;

^2 Stat. us.

"*"'*' P* ^^^•

aduT^ducaS/ etc.

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 prominent, and his features well-coloured and pleasant. He would spend sleepless nights in his anxiety for the safety of his troops. Careless in the matters of food and drink, raiment, or personal comfort, he had the art to appear the servant rather than the lord of his followers, to whom he showed himself liberal and gentle. Though a man of undoubted spirit, he always tempered his valour with prudence, and, 'though he had much of the knight about him, he had still more of the captain. He was specially happy in this, that he rarely or never failed in any enterprise he took in hand through rashness or imprudence' (ib. pp. 323-4 ; cf. the quaint englishing of this passage in, p. 190; and the Book of Howth, pp. 297-8). [It is hardly possible to make Giraldus's account of Raymond's movements harmonise completely with that of Regan, and the Irish Annals give little or no help in settling the details of the chronology from 1172 to 1176. Giraldus Cambrensis, Expugnatio Hibernica, ed. Dimock (Rolls Series), vol. v. ; the Anglo-Norman poet cited as Regan, ed. Michel and Wright (London, 1837) ; Annals of Loch Cé, ed. Hennessy (Rolls Series) ; Annals of the Four Masters, ed. O'Donovan; Annals of Inisfallen and Boyle, ap. O'Conor's Scriptores Rerum Hibernicarum, vol. ii. ; Hoveden, ed. Stubbs (Rolls Series), vol. ii.]

FITZGERALD, THOMAS, second (d. 1328), twice justiciar of Ireland, was the son of John Fitzthomas, the first earl, and of his wife Blanche 'de Rupe' [see first ], and was therefore generally called Thomas Fitzjohn. On 16 Aug. 1312 his marriage at Greencastle, on Carlingford Bay, with Joan, daughter of Richard de Burgh, the 'red earl' of Ulster, was the symbol of the union of the two greatest Norman families in Ireland (Ann. Hib. MS. Laud in Chart. St. Mary's, ii. 341). On 8 Sept. 1316 he succeeded to the new earldom of Kildare on his father's death (ib. p. 352). He at once gathered a great army to fight against Edward Bruce and the Scots, and served against them. His free use of the system of 'bonaght,' or 'coigne and livery,' to support these troops afterwards became a very bad precedent. In 1317 he was thanked by Edward II for his services against Bruce (Fœdera, ii. 327), and in the same year he received from the king the office of hereditary sheriff for his county of Kildare, which involved full jurisdiction and liberties within the earldom (ib. ii. 354). In 1319 and again in 1320 he served on a commission to inquire into the treasons committed during the Bruce invasion (ib. ii. 396, 417). In 1320 he was made justiciar of Ireland, though he only acted as viceroy for a year (Ann. Hib. MS. Laud, p. 361). During his tenure of office Archbishop Bicknor [q. v.] attempted to found a university in Dublin. Kildare received a patent empowering him to subject to English law such of his Irish tenants as chose to be governed by it. In 1322 he was summoned to serve against the Scots, but the truce prevented his services being required (Fœdera, ii. 501, 523). In 1324 he was at the Dublin parliament, where the magnates of Ireland pledged themselves to support the crown (Rot. Claus. Hib. 18 Edw. II, p. 30 b, Record Comm.) In 1324 he was accused of being an adherent of Roger Mortimer and of corresponding with him after his escape from the Tower of London (Parl. Writs, vol. ii. pt. iii. p. 1052). This seems probably true, for one of the first acts of Mortimer's party after the accession of Edward III was to reappoint Kildare justiciar of Ireland. This was before 13 Feb. 1327 (Fœdera, ii. 688). He experienced some difficulty before the partisans of Edward II would accept him. In July several great barons, including John de Bermingham [q. v.], were still refractory (ib. ii. 710). But a local feud which involved the Berminghams, the Butlers, the Poers, and De Burghs in a private war with the Geraldines of Desmond, because Arnold le Poer had called Maurice Fitzthomas, first earl of Desmond [q. v.], a rhymer, was probably at the bottom of this disobedience (Ann. Hib. MS. Laud, p. 365; cf., Viceroys, pp. 163-4). However, Kildare compelled the chief offenders to sue for pardon at the parliament of Kilkenny. During his viceroyalty a native 'king' of Leinster ventured to set up his standard within two miles of Dublin, but was soon subdued. The burning of one of the O'Tooles for heresy was another example of Kildare's vigour (, pp. 107-8). In 1327 he granted the advowson of Kilcullen to the priory of Holy Trinity, Dublin (Hist. MSS. Comm. 9th Rep. pt. ii. p. 269). He died, still in office, on 9 April 1328 at Maynooth, and was buried in the chapel of St. Mary which he had built in the Franciscan convent at Kildare (, Monast. Hib. p. 312). He is described as wise and prudent (, p. 76). His wife, Joan de Burgh, remarried, on 3 July 1329, his successor as justiciar, John D'Arcy (Ann. Hib. MS. Laud, p. 371). He had by her three sons, of whom John, the eldest, died in 1323 or 1324 at the age of nine (ib. p. 362), being then in the hands of the king as a hostage for his father (, p. 16). The second Richard succeeded his father as third earl, but died in July 1331 (Hist. MSS. Comm. 9th Rep. pt. ii. p. 268), aged 12. The


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 364 Extra-duty a c t i v i t y, compensation. 80 Stat. 1602.

PUBLIC LAW 91-297-JUNE 30, 1970

[84

STAT.

(10)(A) Section 13(d)(1) (D.C. Code, sec. 31-1542(d)(1)) is amended by— (1) striking out "a classroom teacher" and inserting in lieu thereof "any employee"; (2) striking out "teaching load assigned for a regular day school teacher at his particular school level" and inserting in lieu thereof "work assignment"; (3) striking out "a teacher" and inserting in lieu thereof "such employee"; and (4) striking out "$750" and inserting in lieu thereof "$1,000". (B) Section 13(d)(2) (D.C. Code, sec. 31-1542(d)(2)) is amended

by—

Salary payments, election by employee. 76 Stat. 1235.

35 Stat. 2 9 1.

(1) striking out "classroom teachers" and inserting in lieu thereof "employees"; (2) striking out "monthly"; (3) inserting after "extra duty activity" the following: "in the same manner as regular pay"; and (4) striking out "a classroom teacher" and inserting in lieu thereof "such an employee". (11) Section 14 (D.C. Code, sec. 31-1543) is amended to read as follows: "SEC. 14. On July 1, 1970, each employee assigned to salary class 15 shall be classified as a teacher for payroll purposes and his annual salary shall be paid in twenty or twenty-four semimonthly installments, at the discretion of such employee (and under such rules and regulations as the Board of Education may prescribe), in accordance with existing law. All other employees covered by the provisions of this Act shall have their annual salaries paid in twenty-four semimonthly installments in accordance with existing law. Annual salaries for employees paid in twenty-four semimonthly installments means calendar year for purposes of this section." SEC. 303. The increase provided in this title for the position of Superintendent of Schools under salary class 1 of the salary schedule shall be effective only with respect to individuals employed in that position on or after the date of the enactment of this title. SEC. 304. (a) The third paragraph under the paragraph beginning with the side heading "FOR ALLOWANCE TO PRINCIPAI^:" under the center heading " P U B L I C S C H O O L S. " in the first section of the Act of May 26, 1908, entitled "An Act making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and nine, and for other purposes" (D.C. Code, sec. 31-609) is amended by striking out ": Provided, That the salaries of other teachers shall begin when they enter upon their duties." and inserting in lieu thereof ". However, effective July 1, 1970, the salaries of employees in salary class 15 and such other employees who were paid on a ten-month basis immediately prior to the effective date of the District of Columbia Teachers' Salary Act Amendments of 1970, whose services commence with the opening of school and who shall perform their duties, shall begin on the first day of September and shall be paid in twenty semimonthly installments, except that employees in salary class 15 may, under such rules and regulations as the Board of Education may prescribe, make an election to be paid in twenty-four semimonthly installments. The first payment shall be made on the first day of October, or as near that date as practicable; and the second payment shall be made fifteen days thereafter or

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 84 STAT. ]

PUBLIC LAW 91-297-JUNE 30, 1970

365

as near that date as practicable. Subsequent payments shall be on the first and sixteenth days of the month or as near those dates as practicable. The salaries of other employees in salary class 15 shall begin when they enter upon their duties." (b) The fourth paragraph under the paragraph beginning with the side heading "FOR ALLOWANCE TO PRINCIPALS:" under the center heading " P U B L I C SCHOOLS." in the first section of such Act of May 26, 35 Stat. 2 9 1. 1908 (D.C. Code, sec. 31-630), is amended to read as follows: "Effective July 1, 1970, the following rules for division of time and computation of pay for services rendered are established: Compensations of all employees in salary class 15 and such other employees who were paid on a ten-month basis immediately prior to the effective date of the District of Columbia Teachers' Salary Act amendments of 1970 shall be paid in twenty semimonthly installments, except that employees in salary class 15 may, under such rules and regulations as the Board of Education may prescribe, make an election to be paid in twenty-four semimonthly installments. In making payments for a fractional part of a month, one-fifteenth of an installment shall be the daily rate of pay. For the purpose of computing such compensation and for computing time for services rendered during a fractional part of a semimonthly period in connection with the compensation of such employees, each and every semimonthly period shall be held to consist of fifteen days, without regard to the actual number of days in any semimonthly period thus excluding the 31st day of any calendar months from the computation and treating February as if it actually had thirty days. Any person entering the service of the schools during a thirty-one-day month and serving until the end thereof shall be entitled to pay tor that month from the date of entry to the 30th day of such month, both days inclusive; and any person entering such service during the month of February and serving until the end thereof shall be entitled to one month's pay, less as many days thereof as there were days elapsed prior to the date of entry. For one day's unauthorized absence on the 31st day of any calendar month one day's pay shall be forfeited." . Re r • SEC. 305. (a) Retroactive compensation or salary shall be paid by compensation reason of this title only in the case of an individual in the service of the provisions. Board of Education of the District of Columbia (including service in the Armed Forces of the United States) on the date of enactment of this title, except that such retroactive compensation or salary shall be paid (1) to any employee covered in this title who, as of June 29, 1970, is in the service of the Board of Education, (2) to any employee covered in this title who retired during the period beginning on the first day of the first pay period which began on or after September 1, 1969, and ending on the date of enactment of this title, for services rendered during such period, and (3) in accordance with the provisions of subchapter VIII of chapter 55 of title 5, United States Code 82*stau*i2^u.' (relating to settlement of accounts of deceased employees), for services s use sssirendered during the period beginning on the first day of the first pay ^^^'^' period which began on or after September 1, 1969, and ending on the date of enactment of this Act, by any such employee who dies during such period. (b) For purposes of this section, service in the Armed Forces of the Military service. United States in the case of an individual relieved from training and service in the Armed Forces of the United States or discharged from

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 366

Effective date.

PUBLIC LAW 91-297-JUNE 30, 1970

[84 STAT.

hospitalization following such training and service, shall include the period provided by law for the mandatory restoration of such individual to a position in or under the municipal government of the District of Columbia. SEC. 306. The provisions of this title shall take effect on the first day of the first pay period which begins on or after September 1, 1969. TITLE IV—MISCELLANEOUS REVENUE PROVISIONS

82 Stat. 612.

SEC. 401. Section 3 of title VI of the District of Colimibia Income and Franchise Tax Act of 1947 (D.C. Code, sec. 47-1567b(a)) is amended to read as follows: " SEC. 3. IMPOSITION OF T A X. — I n the case of a taxable year beginning after December 31, 1969, there is hereby imposed on the taxable income of every resident a tax determined in accordance with the following table: "If the taxable income is: The tax is: Not over $1,000 2% of the taxable income. Over $1,000 but not over $2,000 $20, plus 3% of excess over $1,000. Over $2,000 but not over $3,000 $50, plus 4% of excess over $2,000. Over $3,000 but not over $5,000 $90, plus 5% of excess over $3,000. Over $5,000 but not over $8,000 $190, plus 6% of excess over $5,000. Over $8,000 but not over $12,000 $370, plus 7% of excess over $8,000. Over.$12,000 but not over $17,000— $650, plus 8% of excess over $12,000. Over $17,000 but not over $25,000—_ $1,050, plus 9% of excess over $17,000. Over $25,000 $1,770, plus 10% of excess over $25,000."

Appropriation,

SEC. 402. There is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, up to $8,000,000 for use in defraying the cost of the pay increases provided for by this Act for the period commencing July 1, 1969, and ending December 31, 1969. Such sum authorized to De appropriated pursuant to this section shall be in addition to any other sums authorized under any other law, and in addition to the increase in revenue raised as a result of the amendment to section 3 of the District of Columbia Income and Franchise Tax Act of 1947 (D.C. Code, sec. 47-1567(a)) made by section 401 of this Act. TITLE V — P A Y. R A T E FOR THE COMMANDING GENERAL OF THE MILITIA OF THE DISTRICT O F COLUMBIA

25 Stat. 773.

80 Stat. 409; S2 Stat. 757.

SEC. 501. (a) Section 7 of the Act entitled "An Act to provide for the organization of the militia of the District of Columbia, and for other purposes", approved March 1, 1889 (D.C. Code, sec. 39-201), is amended (1) by inserting " (a) " immediately after "SEC. 7.", and (2) by adding at the end thereof the following new subsections: " (b) Except as provided in subsection (c), any person serving as the commanding general of the militia of the District of Columbia shall be considered to be an employee of the Department of Defense, and of the United States, within the meaning of section 2106 of title 5, United States Code. "(c) Any officer of the Armed Forces of the United States who, while serving on active duty, is detailed to serve as commanding ^ n eral of the militia of the District of Columbia shall, while so detailed, be entitled to receive only the pay and allowances to which he is entitled as an officer of the Armed Forces."

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 84 STAT. ]

PUBLIC LAW 91-300-JUNE 30, 1970

367

(b) The paragraph under the center heading " N A T I O N A L GLTARD'- in the hrst section of the District of Columbia Appropriation Act, 1961 (74 Stat. 25), is amended by striking out "at not to exceed $13,300 per annum". (c) The amendment made by this section shall take effect on the first day of the first pay period beginning on or after the date of enactment of this title. Approved June 30, 1970.

Effective date.

Public Law 91-298 AN ACT To continue until the close of June 30, 1972, the existing suspension of duties on certain forms of copper.

Be it enacted by the Senate and House of Representatives of the United States of America in Conqress assembled. That items 911.10 -.

'

>/

/ ! •

• ! < •

ju^g 3Q^ ^97Q [ H. R. 17241]

S.'^ff^f'^^^^oi^^ 'Juty suspension,

(relating to copper waste and scrap), 911.11 (relating to articles of extension. copper), 911.13 (relating to copper bearing ores and materials), 911.14 (relating to cement copper and copjier precipitates), 911.15 (relating to black copper, blister copper, and anode copper), and 911.16 (relating to other unwrought copper) of the Tariff Schedules of the United States (19 U.S.C. 1202) are each amended by striking out "6/30/70" 82^stiL^\*2Vi!' Effective date. and inserting in lieu thereof "6/30/72". SEC. 2. The amendments made by the first section of this Act shall apply with respect to articles entered, or withdrawn from warehouse, for consumption after June 30, 1970. Approved June 30, 1970. Public Law 91-299 AN ACT To amend the provisions of title III of the Federal Civil Defense A(t of 19.50, as amended.

jy^g 3Q^ J97Q [ H. R. 16731]

Be it enacted by the Senate and House of Representatives of the Civil defense United States of America In Congress assembled, That section 307 of emergency powers the Federal Civil Defense Act of 1950, as amended (50 U.S.C. App. extension. 2297), is further amended by striking out the date "June 30, 1970" go^l^J^f** ^"4;; and inserting in lieu thereof the date "June 30, 1974". Approved June 30, 1970. Public Law 91-300 JOINT RESOLUTION To extend the effectiveness of the Defense Production Act of 1950 to July 30, 1970.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. Section 717(a) of the Defense Production Act of 1950 is amended by striking out "June 30, 1970" in the first sentence and inserting in lieu thereof "July 30, 1970". Approved June 30, 1970.

[H.T-Res. 12S9]

^s Stat. i44; ^POWTV^ S

so use app. ^^^^*

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Fitzgerald youngest son, Maurice Fitzgerald (1318-1390) [q. v.], then became the fourth earl. [Chartularies, &c. of St. Mary's Abbey, Dublin (Rolls Ser.), especially Annales Hiberniæ, MS. Laud, in vol. ii.; Grace's Annales Hib. (Irish Archæol. Soc.); Calendar of Patent and Close Rolls, Ireland (Record Comm.); Book of Howth; Rymer's Fœdera, vol. ii., Record edit.; Gilbert's Viceroys of Ireland; Lodge's Peerage of Ireland (Archdall), vol. i.; Marquis of Kildare's Earls of Kildare; Hist. MSS. Comm. 9th Rep. pt. ii. p. 263 sq.]  FITZGERALD, THOMAS, eighth (1426?–1468), deputy of Ireland, was the son of James, seventh earl, and of his wife Mary, daughter of Ulick Burke of Connaught (, Peerage of Ireland, i. 67). In 1462 Thomas succeeded his father to the earldom (Annals of Loch Cé, ii. 165, says 1463, and speaks of him as 'the chief of the foreigners of the south'). In 1463 he was made deputy to George, duke of Clarence, the lord-lieutenant of Ireland. He showed great activity. He built border castles to protect the Pale, especially in the passes of Offaly, the ordinary passage of the O'Conors in their invasions; but the break-up of the English power in Ireland was now so complete that he had to sanction the parliamentary recognition of the tax exacted by that sept on the English of Meath, and to relax the prohibition of traffic with the 'Irish enemies.' He carried on the hereditary feud with the Butlers, whose lands he devastated in 1463. He was less successful in an expedition against Offaly. In 1464 he quarrelled with Sherwood, bishop of Meath, and both went to England to lay their grievances before the king (Ann. Ireland, 1443-68, in Irish Archæol. Miscellany, p. 253). The Irish parliament certified that he had 'rendered great services at intolerable charges and risks,' had 'always governed himself by English laws,' and had 'brought Ireland to a reasonable state of peace.' But a Drogheda merchant accused him of extorting 'coigne and livery,' and of treasonable relations with the natives. In the end Edward restored Desmond to office and granted him six manors in Meath as a mark of his favour. The period of Desmond's government of Ireland was one of considerable legislative activity. But laws had little effect in repressing the Irish. Two expeditions of Desmond against the O'Briens did not prevent the border septs' attacks on Leinster. The Irish of Meath called in a son of the lord of Thomond to act as their 'king,' but his death of a fever averted this danger. Yet Desmond's rule was so far successful, or his hold over Munster so strong, that for the first time for many years representatives of the county of Cork appeared in the Irish parliament.

In 1467 Desmond was superseded as deputy by John Tiptoft, earl of Worcester [q.v.] It was believed that he was a strong supporter of Warwick in his hostility to Edward IVs marriage, and had incurred the hostility of Queen Elizabeth in consequence. Tiptoft convoked a parliament at Drogheda, in which, on the petition of the commons, Desmond was attainted, along with the Earl of Kildare [see, seventh ] and Edward Plunket. The charges brought against them were 'fosterage and alliance with the Irish, giving the Irish horses, harness, and arms, and supporting them against the faithful subjects of the king' ('Carew MSS.,' Book of Howth, &c. p. 483). On these charges Desmond was executed at Drogheda on 14 Feb. 1468, at the age of forty-two (, Annals, p. 46, Irish Archæol. Soc.) William Wyrcester (Annals in Wars of English in France, II. ii. 789) says that Edward was at first displeased with his execution. This suggests that the actual charges rather than secret relations with English parties were the causes of his fall. Desmond was soon looked on as a martyr (, p. 165). It was soon believed that Tiptoft, with his usual cruelty, had also put to death two infant sons of Desmond (, p. 286, ed. 1809; cf. Mirrour for Magistrates, ii. 203, ed. 1815, and note in Viceroys, pp. 589-91), but there is no native or contemporary evidence for this. Richard III described Desmond as 'atrociously slain and murdered by colour of the law against all manhood, reason, and sound conscience' (, Letters, &c. of Richard III and Henry VII, i. 68). The Munster Geraldines avenged his death by a bloody inroad into the Pale. The Irish writers celebrate Desmond for 'his excellent good qualities, comely fair person, affability, eloquence, hospitality, martial feats, alms-deeds, humanity, bountifulness in bestowing good gifts to both clergy and laity, and to all the learned in Irish, as antiquaries, poets' (Annals of Ireland, 1443-68, p. 263; cf. Four Masters, iv. 1053). He founded a college at Youghal for a warden, eight fellows, and eight choristers (, Notes of the Religious Foundations of Youghal, p. xxxiii), and procured an act of parliament allowing the corporation to buy and sell of the Irishry (, Annals of Youghal, p. 13). He was buried at Drogheda, but Sir Henry Sidney removed his tomb to Dublin (, i. 70). The 'Four Masters' (iv. 1053) say that his body was afterwards conveyed to the burial-


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 368

PUBLIC LAW 91-301-JUNE 30, 1970

[84 STAT.

Public Law 91-301 June 30, 1970 [H. R. 17802]

P u b l i c debt limit. Increase* 83 Stat. 7. Temporary increase. Effective date.

^^ ACT To increase the public debt limit set forth in section 21 of the Second Liberty Bond Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first sentence of section 21 of the Second Liberty Bond Act (31 U.S.C. 757b) is amended by striking out "$365,000,000,000" and inserting in lieu thereof "$380,000,000,000]'. SEC. 2. During the period ending on June 30, 1971, the public debt limit set forth in the first sentence of section 21 of the Second Liberty Bond Act shall be temporarily increased by $15,000,000,000. SEC. 3. This Act shall take effect on July 1, 1970. Approved June 30, 1970.

Public Law 91-302 July 2, 1970 [H. R. 16298]

80 Stat. 1163; 52 Stat. 170.

AN ACT To amend section 703(b) of title 10, United States Code, to extend the authority to grant a special thirty-day leave for members of the uniformed services who voluntarily extend their tours of duty in hostile fire areas.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 703(b) of title 10, United States Code, is amended by striking out "June 30, 1970" and inserting in lieu thereof "June 30, 1972". Approved July 2, 1970.

Public Law 91-303 July 2, 1970 [H. R. 16516]

National Aeron a u t i c s and Space Administration Authorization Act, 1971. R e s e a r c h and development.

AN ACT To authorize appropriations to the National Aeronautics and Space Administration for research and development, construction of facilities, and research and program management, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby authorized to be appropriated to the National Aeronautics and Space Administration: (a) For "Eesearch and development," for the following programs: (1) Apollo, $994,500,000; (2) Space flight operations, $565,200,000; (3) Advanced missions, $1,500,000; (4) Physics and astronomy, $116,000,000; (5) Lunar and planetary exploration, $144,900,000; (6) Bioscience, $12,900,000; (7) Space applications, $167,000,000; (8) Launch vehicle procurement, $124,900,000; (9) Space vehicle systems, $30,000,000; (10) Electronics systems, $23,900,000; (11) Human factor systems, $18,300,000; (12) Basic research, $18,000,000; (13) Space power and electric propulsion systems, $30,900,000;

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369

(14) Nuclear rockets, $38,000,000; (15) Chemical propulsion, $20,300,000; (16) Aeronautical vehicles, $87,100,000; (17) Tracking and data acquisition, $295,200,000; (18) Technology utilization, $4,500,000; (b) For "Construction of facilities," including land acquisitions, as Construction of facilities. follows: (1) Ames Eesearch Center, Moffett Field, California, $1,525,000; (2) Goddard Space Flight Center, Greenbelt, Maryland, $1,928,000; (3) Jet Propulsion Laboratory, Pasadena, California, $1,950,000; (4) John F. Kennedy Space Center, NASA, Kennedy Space Center, Florida, $575,000; (5) Manned Spacecraft Center, Houston, Texas, $900,000; (6) Marshall Space Flight Center, Huntsville, Alabama, $525,000; (7) Nuclear Rocket Development Station, Nevada, $3,500,000; (8) Various locations, $18,575,000; (9) Facility planning and design not otherwise provided for, $5,000,000. Research and (c) For "Research and program management," $683,300,000, of program managewhich not to exceed $506,108,000 shall be available for personnel and ment. related costs. Research and (d) Appropriations for "Research and development" may be used development. (1) for any items of a capital nature (other than acquisition of land) which may be required for the performance of research and development contracts, and (2) for. grants to nonprofit institutions of higher education, or to nonprofit organizations whose primary purpose is the conduct of scientific research, for purchase or construction of additional research facilities; and title to such facilities shall be vested in the United States unless the Administrator determines that the national program of aeronautical and space activities will best be served by vesting title in any such grantee institution or organization. P^ach such grant shall be made under such conditions as the Administrator shall determine to be required to insure that the United States will receive therefrom benefit adequate to justify the making of that Notice to grant. None of the funds appropriated for "Research and development" Speaker of the pursuant to this Act may be used for construction of any major facility, House, President the estimated cost of whichj including collateral equipment, exceeds °^ *^« senate, and congressional $250,000, unless the Administrator or his designee has notified the committees. Speaker of the House of Representatives and the President of the Senate and the Committee on Science and Astronautics of the House of Representatives and the Committee on Aeronautical and Space Sciences of the Senate of the nature, location, and estimated • cost of such facility.

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 370

Scientific consultations.

Funds, limitation and restriction. Grants, prohibition.

Report to Administrator.

Experts and Consultants, compensation, limitation.

Transfer of funds.

PUBLIC LAW 91-303-JULY 2, 1970

[84 STAT.

(e) When so specified in an appropriation Act, (1) any amount appropriated for "Research and development" or for "Construction of facilities" may remain available without fiscal year limitation, and (2) maintenance and operation of facilities, and support services contracts may be entered into under the "Research and program management" appropriation for periods not in excess of twelve months beginning at any time during the fiscal year. (f) Appropriations made pursuant to subsection 1(c) may be used, but not to exceed $35,000, for scientific consultations or extraordinary expenses upon the approval or authority of the Administrator and his determination shall be final and conclusive upon the accounting officers of the Government. (g) No part of the funds appropriated pursuant to subsection 1(c) for maintenance, repairs, alterations, and minor construction shall be used for the construction of any new facility the estimated cost of which, including collateral equipment, exceeds $100,000. (h) No part of the funds appropriated pursuant to subsection (a) of this section may be used for grants to any nonprofit institution of higher learning unless the Administrator or his designee determines at the time of the grant that recruiting personnel of any of the Armed Forces of the United States are not being barred from the premises or property of such institution except that this subsection shall not apply if the Administrator or his designee determines that the grant is a continuation or renewal of a previous grant to such institution which is likely to make a significant contribution to the aeronautical and space activities of the United States. The Secretary of Defense shall furnish to the Administrator or his designee within sixty days after the date of enactment of this Act and each January 30 and June 30 thereafter the names of any nonprofit institutions of higher learning which the Secretary of Defense determines on the date of each such report are barring such recruiting personnel from premises or property of any such institution. (i) No funds appropriated pursuant to this section in excess of $500,000 shall be used for the payment of services, per diem, travel, and other expenses of experts and consultants. SEC. 2. Authorization is hereby granted whereby any of the amounts prescribed in paragraphs (1), (2), (3), (4), (5), (6), (7) and (8) of subsection 1(b) may, in the discretion of the Administrator of the National Aeronautics and Space Administration, be varied upward 5 per centum to meet unusual cost variations, but the total cost of all work authorized under such paragraphs shall not exceed the total of the amounts specified in such paragraphs. SEC. 3. Not to exceed one-half of 1 per centum of the funds appropriated pursuant to subsection 1(a) hereof may be transferred to the "Construction of facilities" appropriation, and, when so transferred, together with $10,000,000 of the funds appropriated pursuant to subsection 1(b) hereof (other than funds appropriated pursuant to para-

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graph (9) of such subsection) shall be available for expenditure to constructj expand, or modify laboratories and other installations at any location (including locations specified in subsection 1(b)), if (1) the Administrator determines such action to be necessary because of changes in the national program of aeronautical and space activities or new scientific or engineering development, and (2) he determines that deferral of such action until the enactment of the next authorization Act would be inconsistent with the interest of the Nation in aeronautical and space activities. The funds so made available may be expended to acquire, construct, convert, rehabilitate, or install permanent or temporary public works, including land acquisitionj site preparation, appurtenances, utilities, and equipment. No portion of such sums may be obligated for expenditure or expended to construct, expand, or modify laboratories and other installations unless (A) a period of thirty days has passed after the Administrator or his designee has transmitted to the Speaker of the House of Representatives and to the President of the Senate and to the Committee on Science and Astronautics of the House of Representatives and to the Committee on Aeronautical and Space Sciences of the Senate a written report containing a full and complete statement concerning (1) the nature of such construction, expansion, or modification, (2) the cost thereof, including the cost of any real estate action pertaining thereto, and (3) the reason why such construction, expansion, or modification is necessary in the national interest, or (B) each such committee before the expiration of such period has transmitted to the Administrator written notice to the effect that such committee has no objection to the proposed action. SEC. 4. (a) Notwithstanding any other provision of this Act— (1) no amount appropriated pursuant to this Act may be used for any program deleted by the Congress from requests as originally made to either the House Committee on Science and Astronautics or the Senate Committee on Aeronautical and Space Sciences, (2) no amount appropriated pursuant to this Act may be used for any program in excess of the amount actually authorized for that particular program by sections 1(a) and 1(c), and (3) no amount appropriated pursuant to this Act may be used for any program which has not been presented to or requested of either such committee, unless (A) a period of thirty days has passed after the receipt by the Speaker of the House of Representatives and the President of the Senate and each such committee of notice given by the Administrator or his designee containing a full and complete statement of the action proposed to be taken and the facts and circumstances relied upon in support of such proposed action, or (B) each such committee before the expiration of such period has transmitted to the Administrator written notice to the effect that such committee has no objection to the proposed action. (b) Nothing in this section shall be construed to authorize the expenditure of amounts for personnel and related costs pursuant to section 1(c) to exceed amounts authorized for such costs, except that a transfer in the manner prescribed by this section of funds not to exceed 1 per centum of such amounts authorized may be made whenever the Administrator determines that such transfer is necessary for the safety of any mission. SEC. 5. I t is the sense of the Congress that it is in the national interest that consideration be given to geographical distribution of Federal research funds whenever feasible, and that the National Aeronautics and Space Administration should explore ways and means of distributing its research and development funds whenever feasible.

371

Report to Speaker of the House, President of the Senate, and congressional committees.

Funds, restrictions.

Notice to Speaker of the House, President of the Senate, and congressional committees.

E x c e s s cost restriction, exception.

Research funds, geographical distribution.

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Fitzgerald place of his predecessors at Tralee. He married Elizabeth or Ellice Barry, daughter of Lord Buttevant, by whom he had a large family. Four of his sons, James, Maurice, Thomas, and John, became in succession earls of Desmond. [Gilbert's Viceroys of Ireland; Annals of Loch Cé; Annals of Ireland in Irish Archæological Miscellany; Annals of the Four Masters (O'Donovan), with the note on iv. 1050-2; Carew MSS., Book of Howth, &c.; Hayman's unpublished Geraldine Documents, i. 11-13; Lodge's Peerage of Ireland (Archdall), vol. i.]  FITZGERALD, THOMAS, seventh (d. 1477), deputy of Ireland, was son of John, sixth earl, and his wife, Margaret de la Herne (, i. 82). He succeeded to his father in 1427, when he must have been quite young. Between 1455 and 1459 he was deputy for Richard, duke of York, the lord-lieutenant. In 1459 he warmly welcomed York on his taking refuge in Ireland. The Lancastrian government in vain sought to weaken his position by intriguing with the native Irish against him. On 30 April 1461 Kildare was appointed deputy to George, duke of Clarence (Cal. Rot. Pat. Hib. 1 Edward IV, p. 268); and on 5 July the confirmation of a grant of Duke Richard's was Edward IV's further reward for his fidelity to the Yorkist cause (ib. p. 268 b). Next year he was superseded by Sir Roland Fitzeustace, but in January 1463 he was made lord chancellor of Ireland. In 1464 he and his wife Joan founded the Franciscan convent at Adare in county Limerick (Annals of the Four Masters, iv. 1035). In 1467 he incurred, with his brother-in-law Desmond [see, eighth ], the hostility of the new deputy, John Tiptoft, earl of Worcester. Both were attainted at the parliament of Drogheda, but the reprisals which followed the execution of Desmond brought out so clearly the weakness of a government deprived of the support of the Fitzgeralds, that Kildare was respited. The Archbishop of Dublin and other grandees became his sureties, and on his promise of faithful service the parliament of 1468 repealed the attainder and restored him to his estates. In the same year he was reappointed deputy, but on the fall of Clarence, Tiptoft himself became lord-lieutenant, and Edmund Dudley his deputy. But on Clarence's reappointment Kildare became deputy again, and remained in office until 1475. By building a dyke to protect the Pale, and by excluding 'disloyal Irish' from garrisons, he sought to uphold the English rule. In 1472 eighty archers were provided for him as the nucleus of a permanent force, but he was expected to defray half the cost. In 1474 the archers were increased to 160, with 63 spearmen; and in 1475 a 'Brotherhood of St. George' was established for the defence of the Pale, of which Kildare was president, while his son Gerald was its first captain. This put a further force of 120 mounted archers, 40 men-at-arms, and 40 pages in his hands ('Carew MSS.,' Book of Howth, &c., p. 403). His government is an epoch of some importance in the history of the Irish coinage. In 1475 he was superseded by William Sherwood, bishop of Meath. He died on 25 March 1477 and was buried in the monastery of All Hallows in Dublin. By his wife, Joan, daughter of James, seventh earl of Desmond, and sister of Thomas, the eighth earl [q.v.], he is said to have left four sons and two daughters (, i. 83). He was succeeded by his eldest son, Gerald Fitzgerald, the eighth earl [q.v.] [Gilbert's Viceroys of Ireland; Lodge's Peerage of Ireland, vol. i.; Annals of the Four Masters; Carew MSS., Book of Howth, &c.; Marquis of Kildare's Earls of Kildare, pp. 38-42.]  FITZGERALD, THOMAS,, tenth (1513–1537), son of Gerald Fitzgerald, ninth earl [q. v.], by his first wife, Elizabeth, daughter of Sir John Zouche of Codnor, Derbyshire, was born in 1513. Like his father he spent a considerable portion of his life in England, but it was not till 1534 that he began to play an important part in history. In February of that year he was appointed deputy-governor of Ireland on the occasion of his father's last and ill-fated journey to England. About the beginning of June a report obtained currency in Ireland, through the machinations of the Ormonde faction, that his father had been summarily executed in the Tower, and that his own death and that of his uncles had been determined upon by his government. Full of indignation at what he considered an act of gross perfidy, he summoned the council to St. Mary's Abbey, whither on 11 June he rode through the city, accompanied by 140 horsemen with silken fringes on their helmets (whence his sobriquet 'Silken Thomas '), and there, despite the remonstrances of his advisers and the chancellor Cromer, he publicly renounced his allegiance, and formally declared war on the government. After which he returned to Oxmantown, where he placed himself at the head of his army. His enemies, terrified by his decisive action, took refuge in Dublin Castle, whence several of them made their way to England. Archbishop Allen was not so fortunate. By the aid of


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 372 Campus d i s r u p t e r s, denial of payment.

72 Stat. 426. 42 USC 2451 note.

Freedom of speech. Definitions. 42 USC 2462.

PUBLIC LA\^ 91-303-JULY 2, 1970

[84 STAT.

SEC. 6. (a) If an institution of higher education determines, after affording notice and opportunity for hearing to an individual attending, or employed by, such institution, that such individual has been convicted by any court of record of any crime which was committed after the date of enactment of this Act and which involved the use of (or assistance to others in the use of) force, disruption, or the seizure of property under control of any institution of higher education to prevent officials or students in such institution from engaging in their duties or pursuing their studies, and that such crime was of a serious nature and contributed to a substantial disruption of the administration of the institution with respect to which such crime was committed, then the institution which such individual attends, or is employed by, shall deny for a period of two years any further payment to, or for the direct benefit of, such individual under any of the programs authorized by the National Aeronautics and Space Act of 1968, the funds for which are authorized pursuant to this Act. If an institution denies an individual assistance under the authority of the preceding sentence of this subsection, then any institution which such individual subsequently attends shall deny for the remainder of the two-year period any further payment to, or for the direct benefit of, such individual under any of the programs authorized by the National Aeronautics and Space Act of 1958, the funds for which are authorized pursuant to this Act. (b) If an institution of higher education determines, after affording notice and opportunity for hearing to an individual attending, or employed by, such institution, that such individual has willfully refused to obey a lawful regulation or order of such institution after the date of enactment of this Act, and that such refusal was of a serious nature and contributed to a substantial disruption of the administration of such institution, then such institution shall deny, for a period of two years, any further payment to, or for the direct benefit of, such individual under any of the programs authorized by the National Aeronautics and Space Act of 1958, the funds for which are authorized pursuant to this Act. (c)(1) Nothing in this Act shall be construed to prohibit any institution of higher education from refusing to award, continue, or extend any financial assistance under any such Act to any individual because of any misconduct which in its judgment bears adversely on his fitness for such assistance. (2) Nothing in this section shall be construed as limiting or prejudicing the rights and prerogatives of any institution of higher education to institute and carry out an independent disciplinary proceeding pursuant to existing authority, practice, and law. (3) Nothing in this section shall be construed to limit the freedom of any student to verbal expression of individual views or opinions. SEC. 7. Section 6 of the N A S A Authorization Act, 1970 (83 Stat. 196), is amended to read as follows: "SEC. 6. (a) As used in this section— "(1) The term 'former employee' means any former officer or employee of the National Aeronautics and Space Administration, including consultants or part-time employees, whose salary rate at any time during; the three-year period immediately preceding the termination of his last employment with the National Aeronautics and Space Administration was equal to or greater than the minimum salary rate at such time for positions in grade GS-18. "(2) The term 'aerospace contractor means any iii'^lividual, firm, corporation, partnership, association, or other legal entity, which provides services and materials to or for the National Aeronautics and Space Administration in connection with any aerospace system under

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a contract directly with the National Aeronautics and Space Administration. "(3) The term 'services and materials' means either services or materials or services and materials which are provided as a part of or in connection with any aerospace system. " (4) The term 'aerospace system' includes, but is not limited to, any rocket, launch vehicle, rocket engine, propellant, spacecraft, command module, service module, landing module, tracking device, communications device, or any part or component thereof, which is used in either manned or unmanned spaceflight operations. "(5) The term 'contracts awarded' means contracts awarded by negotiation and includes the net amount of modifications to, and the exercise of options under, such contracts. I t excludes all transactions amounting to less than $10,000 each. "(6) The term 'fiscal year' means a year beginning on 1 July and ending on 30 June of the next succeeding year. " (b) Under regulations to be prescribed by the Administrator: " (1) Any former employee who during any fiscal year, " (A) was employed by or served as a consultant or otherwise to an aerospace contractor for any period of time, " (B) represented any aerospace contractor at any hearing, trial, appeal, or other action m which the United States was a party and which involved services and materials provided or to be provided to the National Aeronautics and Space Administration by such contractor, or " (C) represented any such contractor in any transaction with the National Aeronautics and Space Administration involving services or materials provided or to be provided by such contractor to the National Aeronautics and Space Administration, shall file with the Administrator, in such form and manner as the Administrator may prescribe, not later than November 15 of the next succeeding fiscal year, a report containing the following information: " (1) His name and address. " (2) The name and address of the aerospace contractor by whom he was employed or whom he served as a consultant or otherwise. "(3) The title of the position held by him with the aerospace contractor. "(4) A brief description of his duties and the work performed by him for the aerospace contractor. "(5) His gross salary rate while employed by the National Aeronautics and Space Administration. "(6) A brief description of his duties and the work performed by him while employed by the National Aeronautics and Space Administration during the three-year period immediately preceding his termination of employment. (7) The date of the termination of his employment with the National Aeronautics and Space Administration, and the date on which his employment, as an employee, consultant or otherwise, with the aerospace contractor began, and if no longer employed by such aerospace contractor, the date on which his employment with such aerospace contractor terminated. "(8) Such other pertinent information as the Administrator may require. "(2) Any employee of the National Aeronautics and Space Administration, including consultants or part-time employees, who was previously employed by or served as a consultant or otherwise to an aerospace contractor in any fiscal year, and whose salary rate in the National Aeronautics and Space Administration is equal to or greater than the minimum salary rate for positions in grade GS-13 shall file

373

Former NASA employees, report requirements.

Former consultants to aerospace contractors, report requirements.

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 374

Report requirements, exceptions.

Report to P r e s i d e n t of the Senate and Speaker of the House.

PUBLIC LAW 91-303-JULY 2, 1970

[84 STAT.

with the Administrator, in such form and manner and at such times as the Administrator may prescribe, a report containing the following information: " (A) His name and address. " (B) The title of his position with the National Aeronautics and Space Administration. " (C) A brief description of his duties with the National Aeronautics and Space Administration. " (D) The name and address of the aerospace contractor by whom he was employed or whom he served as a consultant or otherwise. " (E) The title of his position with such aerospace contractor. " (F) A brief description of his duties and the work performed by him for the aerospace contractor. " (G) The date on which his employment as a consultant or otherwise with such contractor termniated and the date on which his employment as a consultant or otherwise with the National Aeronautics and Space Administration began thereafter. " (H) Such Other pertinent information as the Administrator may require. " (c)(1) No former employee of the National Aeronautics and Space Administration shall be required to file a report under this section for any fiscal year in which he was employed by or served as a consultant or otherwise to an aerospace contractor if the total amount of contracts awarded by the National Aeronautics and Space Administration to such contractor during such year was less than $10,000,000; and no employee of the National Aeronautics and Space Administration shall be required to file a report under this section for any fiscal year in which he was employed by or served as a consultant or otherwise to an aerospace contractor if the total amount of contracts awarded to such contractor by the National Aeronautics and Space Administration during such year was less than $10,000,000. "(2) No former National Aeronautics and Space Administration employee shall be required to file a report under this section for any fiscal year on account of employment with the National Aeronautics and Space Administration if such employment was terminated three years or more prior to the beginning of such fiscal year; and no employee of the N^^tional Aeronautics and Space Administration shall be required to file a report under this section for any fiscal year on account of employment with or services performed for an aerospace contractor if such employment was terminated or such services were performed three years or more prior to the beginning of such fiscal year. " (3) No former employee shall be required to file a report under this section for any fiscal year during which he was employed by or served as a consultant or otherwise to an aerospace contractor at a salary rate of less than $15,000 per year; and no employee of the National Aeronautics and Space Administration, including consultants or parttime employees, shall be required to file a report under this section for any fiscal year during which he was employed by or served as a consultant or otherwise to an aerospace contractor at a salary rate of less than $15,000 per year. " (d) The Administrator shall, not later than December 31 of each year, file with the President of the Senate and the Speaker of the House of Representatives a report containing a list of the names of persons who have filed reports with him for the preceding fiscal year pursuant to subsections (b)(1) and (b)(2) of this section. The Administrator shall include after each name so much information as he deems appropriate, and shall list the names of such persons under the aerospace contractor for whom they worked or for whom they performed services.

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375

PUBLIC LAW 91-304-JULY 6, 1970

"(e) Any former employee of the National Aeronautics and Space Administration whose employment with or services for an aerospace contractor terminated during any fiscal year shall be required to file a report pursuant to subsection (b)(1) of this section for such year if he would otherwise be required to file under such subsection; and any person whose employment with or services for the National Aeronautics and Space Administration terminated during any fiscal year shall be required to file a report pursuant to subsection (b)(2) of this section for such year if he would otherwise be required to file under such subsection. "(f) The Administrator shall maintain a file containing the infor\

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mation filed with him pursuant to subsections (b)(1) and (b)(2) oi information. this section and such fiie shall be open for public inspection at all Penalty. times during the regular workday. " (g) Any person who fails to comply with the filing requirements of this section shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by not more than six months in prison Filing date, or a fine of not more than $1,000^ or both. " (h) No person shall be required to file a report pursuant to this restriction. section for any year prior to the fiscal year 1971. "SEC. 8. This Act may be cited as the "National Aeronautics and Space Administration Authorization Act, 1971". Approved July 2, 1970Public Law 91-304 AN ACT To amend the Public Works and Economic Development Act of 1965 to extend the authorizations for titles I through IV through fiscal year 1971.

July 6, 1970 [H. R. 15712]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section and^E^on^mic^ 105 of the Public Works and Economic Development Act of 1965 Development (42 U.S.C. 3135) is amended by striking out "June 30, 1970" and tmenlmlntl inserting in lieu thereof "June 30, 1971". 79 Stat. 554; (b) Subsection (c) of section 201 of the Public Works and Economic 83 Stat. 219. Development Act of 1965 (42 U.S.C. 3141) is amended by striking out "June 30, 1970" and inserting in lieu thereof "June 30, 1971". (c) Section 302 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3152) is amended by striking out "for the fiscal year ending June 30, 1970" and inserting in lieu thereof "per fiscal year for the fiscal years ending June 30, 1970, and June 30, 1971". (d) Subsection (g) of section 403 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3171) is amended by striking out "June 30, 1970" and inserting in lieu thereof "June 30. 1971". SEC. 2. Notwithstanding section 402 of the Public Works and Redevelopment area, designaEconomic Development Act of 1965 (42 U.S.C. 3162), no area desig- tion, termination. nated as a redevelopment area for the purposes of such Act shall have such designation terminated or modified in accordance with such section after May 1, 1970, and before June 1, 1971, unless the local governing body of the county qualified under existing criteria for de-designation specifically requests de-designation action. Approved July 6, 1970.

47-348 O - 72 - 28 (Pt. 1)

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