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Page:United States Statutes at Large Volume 84 Part 2.djvu/600

 1930

PUBLIC LAW 91-650-JAN. 5, 1971

[84 STAT.

Public Law 91-650 January 5, 1971 [H. R. 19885]

District of Columbia Revenue Act of 1970.

AN ACT To provide additional revenue for the District of Columbia, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of Ametica in Congress assembled. That this Act may be cited as the "District of Columbia Revenue Act of 1970". TITLE I—REVENI^E

80 Stat. 857; 83 Stat. 180.

81 Stat. 3 3 9.

Sanitary and sewer s y s t e m s. 68 Stat. 108; 74 Stat. 8 1 1. Highway construction. 80 Stat. 8 5 8. Water system expansion. 64 Stat. 195; 68 Stat. 103. Vehicles, permit f e e s. 41 Stat. 6 9.

31 USC 4 9 1.

SEC. 101. Section 1 of article VI of the District of Columbia Revenue Act of 1947 (D.C. Code, sec. 47-2501a) is amended (1) by striking out "1970" and inserting in lieu thereof "1971", and (2) by striking out "$105,000,000" and inserting in lieu thereof "$126,000,000". SEC. 102. The Office of Managememnt and Budget shall carefully examine and review each request of the District of Columbia for regular, supplemental, and deficiency appropriations to determine (1) the priorities of the expenditures for which each appropriation is requested, and (2) where reductions can be made in such expenditures. SEC. 103. (a) Subsection (b)(1) of the first section of the Act of June 6, 1958 (D.C. Code, sec. 9-220 (b)(1)) (relating to the borrowing authority of the District of Columbia), is amended— (1) in subparagraph (A), by striking out "1968, 1969, or 1970" and inserting in lieu thereof "1971 or 1972" and by striking out "6 per centum" and inserting in lieu thereof "9 per centum"; and (2) in subparagraph (B), by striking out "1970" each place it appears and inserting in lieu thereof "1972" and by striking out "6 per centum" and inserting in lieu thereof "9 per centum". (b) Section 214 of the District of Columbia Public Works Act of 1954 (D.C. Code, sec. 43-1613) is amended by striking out "$32,000,000" and inserting in lieu thereof "$72,000,000". (c) Section 402(a) of the District of Columbia Public Works Act of 1954 (D.C. Code, sec. 7-133(a)) is amended by striking out "$85,250,000" and inserting in lieu thereof "$110,000,000". (d) Section 2(a) of the Act entitled "An Act authorizing loans from the United States Treasury for the expansion of the District of Columbia water system", approved June 2, 1950 (D.C. Code, sec. 43-1540(a)), is amended by striking out "$35,000,000" and inserting in lieu thereof "$51,000,000". SEC. 104. (a) The fifth paragraph under the heading "General Expenses" in the first section of the Act of July 11, 1919 ( D C. Code, sec. 5-316), is amended by inserting immediately after the period at the end thereof the following: "Notwithstanding the provisions of the preceding sentence and section 7 of the Act of February 22, 1921 (41 Stat. 1144), in the case of a single unit motor vehicle which has three or more axles and is designed to unload itself and which is operated in the District of Columbia under an annual hauling permit of the District of Columbia, the fee for such permit shall be as follows: "(1) $680 if such motor vehicle is first placed in service after July 1, 1970. " (2) If such motor vehicle is in service on or before July 1, 1970, and operated at a gross weight— " (A) in excess of the weight permitted under normal operations under applicable regulations of the Commissioner of the District of Columbia but less than 50,000 pounds, a fee of $380;

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Page:United States Statutes at Large Volume 84 Part 2.djvu/601

 84 STAT. ]

PUBLIC LAW 91^50-JAN. 5, 1971

1931

" (B) of 50,000 pounds or more but less than 55,000 pounds, a fee of $480; " (C) of 55,000 pounds or more but less than 60,000 pounds, a fee of $580; or " (D) of 60,000 pounds or more, not to exceed 65,000 pounds, afeeof$680. The Commissioner of the District of Columbia is authorized to increase, Fees, increase. from time to time, the fees prescribed by paragraphs (1) and (2), taking into account expenditures for the purpose of repairing or replacing highway structures and roadway pavements requiring such repair or replacement as a result of the operation of the motor vehicles for which hauling permit fees are prescribed under the preceding sentence. Proceeds from fees from annual hauling permits for such vehicles shall be deposited in the highway fund created by the first section of the Act entitled 'An Act to provide for a tax on motor-vehicle fuels sold within the District of Columbia, and for other purposes', approved April 23, 50 Stat. 676. 1924 (D.C. Code, sec. 47-190,1)." (b) The amendment made by subsection (a) shall take effect on the Effective date. ninetieth day following the date of enactment of this Act. SEC. 105. (a) Section 101 of the District of Columbia Public Works water rates. Act of 1954 (D.C. Code, sec. 43-1520c) is amended— es Stat. loi; (1) by striking out the first three sentences of subsection (a) ^^ ^*^'* ^^* and inserting in lieu thereof the following: "The District of Columbia Council is authorized from time to time to fix the rates charged by the District for water and water services furnished by the District water supply system, at such amount as the Council, on the basis of a recommendation made by the Commissioner of the District of Columbia, determines is necessary to meet the expense to the District of furnishing such water and water services. I n computing the charge for the consumption of water in excess of the minimum amount allowed for metered service, if such charge is for a period beginning prior to a change in water rates and ending thereafter, the charge for such excess consumption shall be based upon the rate in effect at the time the charge is rendered."; and (2) by striking out " (a) " in subsection (a) and by repealing Repeal. subsection (b). (b) Section 207 of such Act (D.C. Code, sec. 43-1606) is amended— sanitary sewer (1) by striking out in paragraph (a) ", but such percentage ^^^^^• shall not exceed 75 per centum of the water charge"; (2) by striking out in paragraph (b) ", but such percentage shall not exceed 75 per centum of such rates"; (3) by striking out in paragraph (d) "not more than 75 per centum of the water charge" and inserting in lieu thereof "the amount"; and (4) by inserting " (a) " immediately before "The sanitary sewer service charges" in the matter preceding paragraph (a), by redesignating paragraphs (a), (b), (c), and (d) as paragraphs (1), (2), (3), and (4), respectively; and by adding at the end of the section the following new subsection: "(b) Notwithstanding the provisions of subsection (a), the District of Columbia Council is authorized, in its discretion, from time to time to establish one or more sanitary sewer service charges at such amount as the Council, on the basis of a recommendation made by the Commissioner, finds it necessary to meet the expense to the District of furnishing sanitary sewer services, including debt retirement." (c) Subsection (c) of section 208 of such Act (D.C. Code, sec. 4 3 - Payment. 1607 (c)) is amended to read as follows: "(c) I n computing the charge for sanitary sewer service, if such charge is for a period beginning prior to a change in the established

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Page:Folk-lore - A Quarterly Review. Volume 15, 1904.djvu/76

 62 recognise in Arthur and Gorlagon an example of the genre. Thus by the end of the fourteenth century at the latest, a Celtic and characteristically Celtic folktale was put into Latin, probably suffering in this transition from a vernacular to a learned language those modifications which are immediately apparent, as also, possibly, others. The Latin narrator had a Welsh original, as is proved by the forms of the names: this original was almost certainly complete and homogeneous, as is evident from the "folk" character of the incidents and framework.

Let us now turn to the consideration of parallels. The closest is a folktale still widely current in Gaeldom (Professor Kittredge bases his analysis on some ten versions ranging over the entire Gaelic area from Kerry to the Hebrides), the type-example being (Larminie, West Irish Folk-Tale, reprinted in Jacobs, More Celtic Fairy Tales). Briefly, it runs thus:

The hero games with a supernatural being, wins twice, loses third time, has task laid upon him to obtain the sword of light and knowledge of the one story about woman. Acting on the advice of his (fairy) wife, hero rides to her father, is there furnished with another horse that brings him to owner of the sword of light, Niall. At a third attempt he secures the sword, and threatening the owner with it, learns, at the persuasion of latter's wife, the story. Niall knew language of animals, and casually learnt thereby the existence of the magic rod; he laughed, had, on his wife's insistence, to explain why, was by her changed first into a raven, then into a horse, fox, wolf. As wolf he is hunted by, but secures protection of. King, guards the latter's child against the attack of a monstrous hand, is accused, but, trusted by King, recovers the child, whose attendant he becomes, and whom he ultimately persuades to strike him with the magic rod and thereby effect his re-transformation to human shape. His wife offers to drown herself, but Niall says if she will keep the secret, he will. Niall afterwards tracks the monster of the hand, slays him, recovers the elder children of the King, and directs the hero how to deal with his supernatural adversary, who is the brother of the monster of the hand.


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Page:United States Statutes at Large Volume 84 Part 2.djvu/602

 1932

PUBLIC LAW 91-650-JAN. 5, 1971

D^c.^'code 4*31601 note.

[84 STAT.

sanitary sewer service charge and ending thereafter, the charge shall be based on the rate in effect at the time the charge is rendered." (d) Water and sewer rates established under the District of Colum^^^ Public Works Act of 1954 which are in effect on the date of enactmcnt of this Act shall continue in effect until revised by the District of Columbia Council in accordance with that Act as amended by this section. TITLE II—MISCELLANEOUS TAX MATTERS

^^p^^^70 Stat. 80. Tax rate, ex"^a^^'c^'f 170 06

Stat. 1/U.

SEC. 201. (a)(1) The second proviso in section 114(a)(6) of the District of Columbia Sales Tax Act (D.C. Code, sec. 47-2601, par. 14(a)(6)) is repealed. (2) Section 125(1) of the District of Columbia Sales Tax Act (D.C. Code, sec. 47-2602(1)) is amended by striking out "and"' immediately ',.

i.c / /^\

I'

1 1

i

"1 •

J

1

•

1

1

•

•

•

preceding (C) and by striking out the semicolon and inserting m lieu thereof the following: ", and (D) charges for rental of textiles if the essential part of the rental includes recurring services of laundering 01* clt^iirnTi'O' oT i^np i^-pxt^ilp^ * tiiesTe^xempr (b) Section 128 of the District of Columbia Sales Tax Act (D.C. tion. Code, sec. 47-2605) is amended by adding at the end thereof the followsa^taueiV.^' ing new paragraph: " (r) Sales of textiles to persons who are engaged in the business of renting such textiles, if the essential part of such rental business includes recurring services of laundering or cleaning such textiles." K^p^^i* (c)(1) The second proviso in section 201(a)(4) of the District of 70 Stat. 81. Columbia Use Tax Act (D.C. Code, sec. 47-2701(1)(a)(4)) is repealed. (2) Section 212(1) of the District of Columbia Use Tax Act (D.C. 83 Stat. 172. Code, scc. 47-2702(1)) is amended by striking out "and" immediately preceding " (C) " and by striking out the semicolon and inserting in lieu thereof the following: ", and (D) charges for rental of textiles if the essential part of the rental includes recurring service of laundering or cleaning of the textiles;". Certain propggc. 202. Paragraph (h) of section 1 of the Act entitled "An Act to erty, exemption, (jgfji^g the real property exempt from taxation in the District of Colum56 Stat. 1089. bla", approved December 24, 1942 (D.C. Code, sec. 47-801a), is amended by adding at the end thereof the following new sentence: "For purposes of this paragraph, any building— "(1) which is financed in whole or in part with (A) a mortgage insured under section 221(d)(3), (h), or (i) of the National 12 USC 1715/. Housing Act and receiving the benefits of the interest rate provided for in the proviso in section 221(d)(5) of such Act, or (B) 12 USC 1715Z-2. a mortgage insured under section 237 of such Act; "(2) with respect to which periodic assistance payments are 12 USC 1715Z. made under section 235 of the National Housing Act or interest 12 USC 1715Z-1. reduction payments are made under section 236 of such Act; "(3) with respect to which rent supplement payments are made under section 101 of the Housing and Urban Development 12 USC 1701s. Act of 1965; "(4) which is financed in whole or in part with a loan made 12 USC 1701 q. under section 202 of the Housing Act of 1959; "(5) which contains dwelling units constituting low-rent housing in private accommodations within the meaning of section 23 42 USC 1421b. of the United States Housing Act of 1937; or " (6) with respect to which there is an outstanding rehabilitation 42 USC 1452b. loan made under section 312 of the Housing Act of 1964, shall not, so long as the mortgage or loan involved remains outstanding or the assistance involved continues to be received, be considered a building used for purposes of public charity; except that this sentence

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Page:United States Statutes at Large Volume 84 Part 2.djvu/603

 84 STAT. ]

PUBLIC LAW 91-650-JAN. 5, 1971

1933

will not apply to those organisations granted an exemption under this paragraph before the date of enactment of this sentence." SEC. 203. (a) Subject to the provisions of subsection (b) of this p,f tt^"';;^^"^' section, the following property in the District of Columbia owned by emption.' the American Institute of Architects Foundation, Incorporated, a nonprofit corporation organized and existing under the laws of the State of New York, shall be exempt from taxation by the District of Columbia: (1) The real property (including the improvements thereon known as the Octagon House) which is described as lot 36 in square 170. (2) The furniture, furnishings, and other personal property located in any improvements on such real property. (b) The property described in subsection (a) shall be exempt from taxation by the District of Columbia so long as (1) that property is owned by the Foundation referred to in subsection (a) and is used in carrying on its purposes and activities and is not used for any commercial purposes; and (2) the Octagon House is (A) maintained by that Foundation as a historical building to be preserved for its architectural and historical significance, and (B) accessible to the general public without charge or payment of a fee of any kind at such reasonable hours and under such regulations as may, from time to time, be prescribed by that Foundation. The provisions of section 2 of the Act entitled "An Act to define the real property exempt from taxation in the District of Columbia", approved December 24, 1942 (D.C. Code, sec. 47-801b), shall apply with respect to the property made exempt se Stat. 1091. from taxation by this section, and the Foundation shall make the reports required by section 3 of that Act (D.C. Code, sec. 47-801c) and shall have the appeal rights provided by section 5 of that Act (D.C. Code, sec. 47-801e). (c) This section shall apply with respect to taxable years beginning Effective date. after June 30, 1969. SEC. 204. Section 3(a)(7) of title III of the District of Columbia o^'^^-tions. Income and Franchise Tax Act of 1947 (D.C. Code, sec. 47-1557b (a)(7)) is amended by adding at the end thereof the following new ^^ ^^^'' ^^^' sentence: "In the case of property held by any taxpayer on the first day of his first taxable year beginning after December 31, 1968, which, on such first day, was property described in this paragraph, any reduction in the basis of such property for purposes of computing the allowance under this paragraph which resulted from the enactment of the District of Columbia Revenue Act of 1969 shall be treated as D. Cstat. i69. ^^. Code an additional depreciation deduction which shall (subject to paragraph 47-1557b note. (14)) be allowable under this paragraph ratably over such period (beginning not earlier than the first taxable year of the taxpayer which begins after December 31, 1968), not to exceed ten taxable years, as may be agreed upon by the taxpayer and the Commissioner." SEC. 205. (a) Title III of article I of the District of Columbia ^^^t^^^^Y;^^3tf" Income and Franchise Tax Act of 1947 (D.C. Code, sec. 47-1557b) is 'AnTeTp.'sa^i.^* amended by inserting after paragraph (15) of section 3(a) the following new paragraph: "(16) Real estate investment trusts.—In the case of a real estate investment trust as defined in section 856 of the Internal Revenue Code of 1954, which meets the requirements of section 857(a) of the Internal ^^ ^t^'* i°04. Revenue Code of 1954, the dividends paid by the real estate investment trust which qualify for the dividends-paid deduction under section 857(b)(2)(C) and section 857(b)(3)(A) (ii) of the Internal Revenue ' ' ^'^'' " ' * Code of 1954, including dividends considered as having been paid during the taxable year by reason of section 858 of the Internal Revenue Code of 1954." (b) The amendment made by subsection (a) shall apply with respect Elective date. to taxable years of real estate investment trusts beginning after December 31, 1970.

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Page:United States Statutes at Large Volume 84 Part 2.djvu/604

 1934

PUBLIC LAW 91-650-JAN. 5, 1971

[84 STAT.

TITLE III—MEDICAL AND DENTAL SCHOOL SUBSIDY Citation of title,

Grants,

Limitations,

Ante, p. 1343,

Appropriation,

Applications,

Regulations,

Advance payments.

Payments,

SEC. 301. This title may be cited as the "District of Columbia Medical and Dental Manpower Act of 1970". SEC. 302. I t is the purpose of this title to assist private nonprofit medical and dental schools in the District of Columbia in their critical financial needs in meeting the operational costs required to maintain quality medical and dental educational programs and to increase the number of students in such institutions as a necessary health manpower service to the metropolitan area of the District of Columbia. SEC. 303. (a) The Secretary of Health, Education, and Welfare (hereinafter in this title referred to as the "Secretary") is authorized to make grants to the Commissioner of the District of Columbia (hereinafter in this title referred to as the "Commissioner") in amounts the Secretary determines to be the minimum amounts necessary to carry out the purposes of this title. The total amount of grants under this section for any fiscal year shall not exceed the sum of (1) the product of $5,000 times the number of full-time students enrolled in private nonprofit accredited medical schools in the District of Columbia, and (2) the product of $3,000 times the number of full-time students enrolled in private nonprofit accredited dental schools in the District of Columbia. (b) For the purposes of this section and section 307, in determining eligibility for, and the amount of, grants with respect to private nonprofit medical and dental schools, consideration shall be given to any grants made to such schools pursuant to the portion of the program under section 772 of the Public Health Service Act (42 U.S.C. 295f-2) relating to financial assistance to schools which are in serious financial straits to aid them in meeting their costs of operation. (c) There are authorized to be appropriated $6,200,000 for the fiscal year ending June 30, 1971, and such sums as may be necessary for the fiscal year ending June 30, 1972, to make grants under this section. SEC. 304. The Secretary may from time to time set dates by which applications for grants under section 303 for any fiscal year must be filed by the Commissioner. A grant under section 303 may be made only if application therefor— (1) is approved by the Secretary; (2) contains such information as the Secretary may require to make the determinations required of him under this title and such assurances as he may find necessary to carry out the purposes of this title; and (3) provides for such fiscal control and accounting procedures and reports and access to the records of the Commissioner and the applicant schools as the Secretary may from time to time require in carrying out his functions under this title. SEC. 305. For the purposes of section 303 and section 307, regulations of the Secretary shall include provisions relating to the determination of the number of students enrolled in a school, or in a particular year-class in a school, as the case may be, on the basis of estimates, or on the basis of the number of students who were enrolled in a school, or in a particular year-class, as the case may be, in an earlier year, or on such basis as he deems appropriate for making such determinations. SEC. 306. Grants under section 303 may be paid in advance or by way of reimbursement at such intervals as the Secretary may find necessary and with appropriate adjustments on account of overpayments or underpayments previously made. SEC. 307. From funds received under section 303, the Commissioner shall make payments (in amounts determined by the Secretary under such section 303) to private nonprofit schools of medicine and dentistry

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Page:United States Statutes at Large Volume 84 Part 2.djvu/605

 84 STAT. ]

PUBLIC LAW 91-650-JAN. 5, 1971

1935

in the District of Columbia. The total of the payments mider this Limitations. section in any fiscal year to a medical school shall not exceed the product of $5,000 times the number of full-time students enrolled in such school, and the total of payments to a dental school shall not exceed the product of $3,000 times the number of full-time students enrolled in such school. SEC. 308. The Commissioner may from time to time set dates by ^iling date. which applications for payments by the Commissioner under section 307 for any fiscal year must be filed. A payment under section 307 by the Commissioner may be made only if the application therefor— (1) is approved by the Commissioner upon his determination that the applicant meets the eligibility conditions of this title; and (2) contains such information as the Commissioner and the Secretary may require to make determinations required under this title and such assurances as they may find necessary to carry out the purposes of this title. SEC. 309. Payments mider section 307 by the Commissioner may be Advance paypaid in advance or by way of reimbursement at such intervals as the "'®"'^' Commissioner may find necessary and with appropriate adjustments on account of overpayments or underpayments previously made. SEC. 310. For purposes of this title: Definitions. (1) The term "full-time students" means students pursuing a fulltime course of study in an accredited school of medicine or school of dentistry leading to a degree of doctor of medicine, doctor of dentistry, or an equivalent degree. (2) The terms "school of medicine*' and "school of dentistry" mean a school in the District of Columbia which provides training leading, respectively, to a degree of doctor of medicine and doctor of dentistry, or an equivalent degree, and which is accredited by a recognized body or bodies approved for such purpose by the Commissioner of Education of the United States. (3) The term "nonprofit" as applied to a school of medicine or a school of dentistry means one which is owned and operated by one or more corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual. TITLE IV—FUNDS FOR H I G H E R EDUCATION SEC. 401. (a) Section 107 of the District of Columbia Public Education Act (D.C. Code, sec. 31-1607) is amended— (1) by striking out "and" at the end of paragraph (4); (2) by adding "and" at the end of paragraph (5); (3) by adding after paragraph (5) the following new paragraph: "(6) section 108(b) of this Act,"; and (4) by striking out "Federal City College shall" and inserting in lieu thereof the following: "Federal City College and the Washington Technical Institute shall each". (b) Section 109(a)(1) of such Act (D.C. Code, sec. 31-1609 (a)(1)) is amended by striking out "Federal City College shall" and inserting in lieu thereof the following: "Federal City College and the Washington Technical Institute shall each". (c) Section 110 of such Act (D.C. Code, sec. 31-1610) is redesignated as section 112 and the following new sections are inserted immediately after section 109: "SEC. 110. Grants to the District of Columbia under the Acts referred to in section 107 and under section 109(b) and the earnings of sums appropriated under section 108(b) shall be shared equally between the Federal City College and the Washington Technical Institute.

F^^erai city 82lt%. 241.

Grant sharing.

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Page:United States Statutes at Large Volume 84 Part 2.djvu/606

 1936 Ante,

PUBLIC LAW 91-650-JAN. 5, 1971 p. 1935.

Usury laws, exemption, 79 Stat. 1269; 82 Stat. 1042, 1050. 20 USC 1141.

[84 STAT.

"SEC. 111. Sections 107 and 109 provide that the Washington Technical Institute shall be considered to be a college established for the benefit of agriculture and the mechanic arts in accordance with the provisions of the Act of July 2, 1862, for the purpose of enabling the Washington Technical Institute to share, under section 110, with the Federal City College (1) grants under the Acts referred to in section 107, (2) grants under section 109(b), and (3) earnings of sums appropriated under section 108(b)." (d) The amendments made by this section shall apply with respect to (1) grants made to the District of Columbia under the Acts referred to in section 107 of the District of Columbia Public Education Act and under section 109(b) of such Act for fiscal years beginning after June 30, 1971, and (2) any earnings, on and after July 1, 1971, of sums heretofore appropriated to the District of Columbia pursuant to section 108(b) of such Act. SEC. 402. Any institution of higher education located in the District of Columbia and described in the first sentence of section 1201(a) of the Higher Education Act of 1965 (other than District of Columbia Teachers' College, Federal City College, Gallaudet College, and Howard University) may borrow money at such rates of interest as the institution may determine, without regard to the restrictions of any usury law applicable in the District of Columbia, and shall not plead any statutes against usury in any action. TITLE V—INDUSTRIAL SAFETY

55 Stat. 7 3 8. Definitions.

Minimum Wage and Industrial Safety Board, duties.

Regulations, variations.

Hearing. J u d i c i a l review.

Penalties.

SEC. 501. Title II of the Act of September 19, 1918 (D.C. Code, secs. 36-431—36-^42) is amended as follows: (1) Section 2 of such title (D.C. Code, sec. 36-432) is amended— (A) by striking out in paragraph (a) "industrial employment, place of employment,'' and inserting in lieu thereof "place of employment", and (B) by striking out in paragraph (d) "industrial". (2) Section 3 of such title (D.C. Code, sec. 36-433) is amended by adding at the end thereof the following new sentence: "To promote the safety of persons employed in existing buildings or other existing structures, such rules, regulations, and standards may require, without limitation, changes in the permanent or temporary features of such buildings or other structures.". (3) Section 6 of such title (D.C. Code, sec. 36-436) is amended to read as follows: "SEC. 6. The Board may, upon written application of any employer affected by such rule or regulation, permit variations from any provisions thereof if it shall find that the application of such provision would result in unnecessary hardship or practical difficulty, and notwithstanding such variance, that the protection afforded by such rule or regulation will be provided. The Board may grant a hearing open to the public on such application upon request of the applicant or other interested party or parties, or on its own initiative. The Board's decision thereon shall be subject to review by the District of Columbia Court of Appeals upon petition of the applicant or other affected party or parties. The Board shall keep a properly indexed record of all variations permitted from any rule or regulation, which shall be open to public inspection.". (4) Section 12 of such title (D.C. Code, sec. 36-442) is amended by striking out "more than $300" and inserting in lieu thereof the following: "less than $100 or more than $600".

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Page:United States Statutes at Large Volume 84 Part 2.djvu/607

 84

STAT.]

PUBLIC LAW 91-650-JAN. 5, 1971

1937

TITLE YI—SALE OF DAIKY PRODUCTS IN DISTRICT OF COLUMBIA SEC. 601. (a) The Act entitled "An Act to regulate within the District of Columbia the sale of milk, cream, and ice cream, and for other purposes", approved February 27, 1925 (D.C. Code, secs. 33-301— 33-319), is amended to read as follows: . "^^ ^'^** ^°°'** " S E C II O N 1. None but pure, clean, and wholesome milk, cream, milk ^^^^ s"*^ r -* ™^ " products, or frozen desserts conforming to standards established by ducti'on^and'^^ransthe District of Columbia Council, not inconsistent with standards portation. established by the United States Government, shall be produced in, or be shipped into, the District of Columbia. Definitions. "SEC. 2. As used in this Act— "(1) The term 'person' includes firms, associations, partnerships, and corporations in addition to individuals. "(2) The term 'Commissioner' means the Commissioner of the District of Columbia or his designated agents. "(3) The term 'District' means the District of Columbia. "SEC. 3. No person shall keep or maintain within the District a Sale permit. dairy farm, milk plant, or frozen dessert plant producing, as the case may be, milk, cream, milk products, or frozen desserts for sale in the District, or bring or send into the District for sale any milk, cream, milk product, or frozen dessert, without a permit so to do from the Commissioner, and then only in accordance with the terms of such permit. Such permit shall be valid only for the calendar year in which it is issued, and shall be renewable annually on or before the 1st day of January of each calendar year thereafter. Application for such permit shall be in writing upon a form prescribed by the Commissioner. "SEC. 4. The Commissioner is authorized to suspend any permit S u s p e n s i o n. issued under the authority of this Act whenever, in his opinion, the public health is endangered by the impurity or unwholesomeness of milk, cream, milk product, or frozen dessert supplied by the holder of the permit, and the suspension shall remain in force until the Commissioner finds the danger no longer continues. Whenever any permit is Notification. suspended the Commissioner shall in writing furnish to the holder of such permit his reasons for such suspension, and each dealer receiving milk, cream, milk product, or frozen dessert from such holder shall also be promptly notified by the Commissioner in writing of the suspension of the permit. "SEC. 5. Nothing in this Act shall be construed to prohibit (1) the shipment into the District of milk, cream, or milk products from shipping stations or plants having a sanitation compliance and enforcement rating of 90 per centum or better as determined by a milk sanitation rating officer certified by the Secretary of Health, Education, and Welfare, or (2) the shipment into the District of milk or cream for manufacture into frozen desserts and frozen desserts containing milk or cream which has been produced and transported in accordance with specifications established by a State or Federal regulatory or certifying agency and approved by the Commissioner. Pasteurization, "SEC. 6. No milk, cream, milk product, or frozen dessert shall be sold or offered for sale to a consumer in the District unless it has been pasteurized by a method acceptable to the Secretary of Health, Education, and Welfare. "SEC. 7. The Commissioner is authorized to seize all milk, cream, milk products, or frozen desserts which may be brought into the Notification. District in violation of the provisions of this Act. The owner of any such milk, cream, milk product, or frozen dessert shall immediately be notified of such seizure, and if he shall fail within twenty-four hours from the time such notice is given to him to remove or cause to be

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Page:United States Statutes at Large Volume 84 Part 2.djvu/608

 1938

Regulations and standards^ Publication.

S a l e, restric-

Penalty.

Effective date.

PUBLIC LAW 91-650-JAN. 5, 1971

[84 STAT.

removed from the District the seized milk, cream, milk product, or frozen dessert, the Commissioner is authorized to destroy or otherwise dispose of it. "SEC. 8. The District of Columbia Council is hereby authorized to make from time to time all such reasonable regulations or standards consistent with this Act as it deems necessary to protect the milk, cream, milk product, and frozen dessert supply of the District. Such regulations or standards shall be published once in a daily newspaper of general circulation in the District at least thirty days before any penalty may be exacted for violation thereof. "SEC. 9. No person in the District shall sell or offer for sale any milk, cream, milk product, or frozen dessert from any source until he shall have first determined that the person providing such milk, cream, milk product, or frozen dessert holds a permit from the Commissioner to ship milk, cream, milk products, or frozen desserts into the District. "SEC. 10. Any person who violates any provision of this Act or the regulations or standards promulgated hereunder shall be punished by a fine of not more than $300 or imprisonment for not more than thirty days, or both. Prosecutions shall be conducted in the Superior Court of the District of Columbia in the name of the District of Columbia by the Corporation Counsel or any of his assistants." (b) The amendment made by subsection (a) of this section shall take effect on December 31, 1971. TITLE VII—MISCELLANEOUS

o l d Georgetown Market. 80 Stat. 830. Minimum wage and overtime provisions, exemption. 80 Stat. 964.

49 Stat. 5 4 6. 49 USC 304. Effective date.

"Washington metropolitan region."

Single wage rate.

Wage orders, revision.

SEC. 701. Section 2 of the Act entitled "An Act to declare the Old Georgetown Market a historic landmark and to require its preservation in continued use as a public market, and for other purposes", approved September 21, 1966 (D.C. Code, sec. 5-807), is amended by striking out ", but not to exceed in the aggregate $150,000". SEC. 702. (a) Section 4(b) of the District of Columbia Minimum Wage Act (D.C. Code, sec. 36-404) is amended (1) by striking out "or" at the end of paragraph (4), (2) by striking out the period at the end of paragraph (5) and inserting in lieu thereof a semicolon and "or", and (3) by adding after paragraph (5) the following new paragraph: "(6) any employee (A) with respect to whom the Interstate Commerce Commission has power to establish qualifications and maximum hours of service pursuant to the provisions of section 204 of part II of the Interstate Commerce Act, and (B) who is not employed for more than 50 per centum of any workweek within the Washington metropolitan region." (b) The amendments made by subsection (a) of this section shall take effect as of February 1, 1967. SEC. 703. (a) Section 2 of the District of Columbia Minimum Wage Act (D.C. Code, sec. 36-402) is amended by adding at the end thereof the following: "(8) The term 'Washington metropolitan region' means the area consisting of the District of Columbia, Montgomery and Prince George's Counties in Maryland, Arlington and Fairfax Counties and the cities of Alexandria, Fairfax, and Falls Church in Virginia." (b) Section 3 of such Act (D.C. Code, sec. 36-403) is amended by adding at the end thereof the following: "(f) A wage order under this Act may establish at any one time only one wage rate for the occupation or the classification of employees within an occupation, as the case may be, to which the wage order applies." (c) Section 6 of such Act (D.C. Code, sec. 36-406) is amended as follows:

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(1) The first sentence of subsection (a) of such section is amended (A) by striking out "wage order'' the first time it appears and inserting in lieu thereof "wage rate within a wage order", and (B) by striking out "the wage rates" and inserting in lieu thereof "such wage rate". (2) The first sentence of subsection (b) of such section is amended (A) by inserting "and" immediately after "occupation," the second time it occurs, and (B) by striking out ", and one or more representatives of the agency designated by the Commissioners to administer this Act." and inserting in lieu thereof a period and the following: "The chairman of the agency designated by the Commissioner to administer this Act shall be an ex officio member of the committee." (3) Clause (3) of the second sentence of subsection (e) of such section is amended by striking out "District of Columbia" and inserting in lieu thereof "Washington metropolitan region". (4) Subsection (f) of such section is amended by inserting immediately before the period at the end thereof the following: "and after taking into consideration the matters referred to in the second sentence of subsection (e)". (d) The amendment made by subsection (b) of this section shall Effective date,, apply with respect to any wage order under the District of Columbia Minimum Wage Act issued or revised after the date of enactment of so Stat. 970. this Act. 36°4';9f°'' SEC. 704. (a) The Administrator of the P^vironmental Protection study. Agency, in consultation with the Secretary of the Interior, the Chief of Engineers of the Corps of Engineers of the United States Army and the Commissioner of the District of Columbia, shall conduct a special study of and make recommendations with respect to— (1) the water pollution problems of the part of the Potomac River that is located within the Washington metropolitan area, ('2) the water resources of the Potomac River for such area. (3) the problems relating to the provision of adequate facilities for water, sewer, sanitation, and related services for such area, and (4) the establishment of an apjn^ojjriate independent area or regional entity to control and resolve such water pollution problems, to regulate and control such water resources, and to provide such services at reasonable costs. The study shall contain specific recommendations as to the extent and Recommendaamount of funding that would be necessary to establish and maintain *'°"^' such an area or regional entity, recommendations as to any functions now performed by Federal and District of Columbia entities which should be transferred to such an area or regional entity, and recommendations as to provisions for protection of employees of entities that would be affected by such transfers. (b) The Administrator of the Environmental Protection Agency Report to conshall report to the Congress the results of the study under subsection ^^^^^' (a), together with his recommendations, on or before March 31, 1971. SEC. 705. (a) Notwithstanding any other provision of law, the^g^fg^^ ^^'•*^" Commissioner of the District of Columbia is authorized to enter into lease agreements with any person, copartnership, corporation, or other entity, which do not bind the government of the District of Columbia for periods in excess of twenty years for each such lease agreement, on such terms and conditions, including, without limitation, lease-purchase, as he deems to be in the interest of the District of Columbia and necessary for the accommodation of District of Columbia agencies and activities in buildings or other improvements which are in existence or are to be constructed by the lessor for such purposes, or on unimproved real property. (b) Xo lease agreement entered into under subsection (a) shall provide for the payment of rental in excess of the limitations prescribed 47-348 O - 72 - 39 (Pt. 2)

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PUBLIC LAW 91-651-JAN. 5, 1971

47 Stat, 412, 1517.

Repeals. 58 Stat. 5 3 2. 72 Stat, 5 1 1. Alcoholic beverages, licenses. Ante,

p. 853.

[84 STAT.

by section 322 of the Act entitled "An Act making appropriations for the Legislative Branch of the Government for the fiscal year ending June 30, 1933, and for other purposes", approved June 30, 1932 (40 TJ.S.C. 278a), except that the provisions of this subsection shall not apply to leases made prior to the date of the enactment of the District of Columbia Revenue Act of 1970 except when renewals thereof are made after such date. (c)(1) Section 6 of the District of Columbia Appropriation Act, 1945 (D.C. Code, sec. 1-243) is repealed. (2) Section 12 of the District of Columbia Appropriation Act, 1959 (D.C. Code, sec. l-243a) is repealed. SEC. 706. The second sentence in the second paragraph of section 7 of the District of Columbia Alcoholic Beverage Control Act (D.C. Code, sec. 25-107) is amended by striking out "any election'' and inserting in lieu thereof "the presidential election". TITLE VIII—GENERAL PROVISIONS

Separability,

81 Stat, 9 4 8. 5 USC app.

SEC. 801. If any provision of this Act, or the application thereof to any person or circumstances, is held invalid, the remainder of this Act, and the application of such provision to other persons or circumstances shall not be affected thereby. SEC. 802. Nothing in this Act, or any amendments made by this Act, shall be construed so as to affect the authority vested in the Commissioner of the District of Columbia or the authority vested in the District of Columbia Council by Reorganization Plan Numbered 3 of 1967. The performance of any function vested by this Act in the Commissioner of the District of Columbia or in any office or agency under his jurisdiction and control, or in the District of Columbia Council, may be delegated bj; the Commissioner or Council, as the case may be, in accordance with the provisions of such plan. SEC, 803. (a) The repeal or amendment by this Act of any provision of law shall not affect any other provision of law, any act done or any right accrued or accruing under such repealed or amended law, or any suit or proceeding had or commenced in any civil cause before repeal or amendment of such law; but all rights and liabilities under such repealed or amended laws shall continue, and may be enforced in the same manner and to the same extent, as if such repeal or amendment had not been made. (b) In the case of any offense committed or penalty incurred under any provision of law repealed or amended by this Act such offense may be prosecuted and punished and such penalty may be enforced in the same manner and with the same effect as if this Act had not been enacted. Approved January 5, 1971.

Public Law 91-651 January 5, 1971 [ H. R. 14645]

Seals of the U.S., the P r e s i dent and Vice President. Certain u s e s, prohibition. 80 Stat. 1525.

AN ACT To amend title 18 of the United States Code to prohibit certain uses of likenesses of the great seal of the United States, and of the seals of the President and Vice President, and to authorize Secret Service protection of visiting heads of foreign states or governments, and for other purposes. Be it enacted by the the Senate and House of Representatives of the United States of America in Congress assembled. That section 713 of title 18, United States Code, is amended to read as follows:

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PUBLIC LAW 91^51-JAN. 5, 1971

1941

"§ 713. Use of likenesses of the great seal of the United States, and of the seals of the President and Vice President "(a) Whoever knowingly displays any printed or other likeness of the great seal of the United States, or of the seals of the President or the Vice President of the United States, or any facsimile thereof, in, or in connection with, any advertisement, poster, circular, book, pamphlet, or other publication, public meeting, play, motion picture, telecast, or other production, or on any building, monument, or stationery, for the purpose of conveying, or in a manner reasonably calculated to convey, a false impression of sponsorship or approval by the Government of the United States or by any department, agency, or instrumentality thereof, shall be fined not more than $250 or Penalty. imprisoned not more than six months, or both. " (b) Whoever, except as authorized under regulations promulgated by the President and published in the Federal Register, knowingly manufactures, reproduces, sells, or purchases for resale, either separately or appended to any article manufactured or sold, any likeness of the seals of the President or Vice President, or any substantial part thereof, except for manufacture or sale of the article for the official use of the Government of the United States, shall be fined not more than Penalty. $250 or imprisoned not more than six months, or both. "(c) A violation of subsection (a) or (b) of this section may be Enjoinment. enjoined at the suit of the Attorney General upon complaint by any authorized representative of any department or agency of the United States." SEC. 2. The analysis of chapter 33 of title 18, United States Code, immediately preceding section 701 of such title, is amended by striking: "713. Use of likenesses of the great seal of the United States."

and substituting therefor: "713. Use of likenesses of the great seal of the United States, and of the seals of the President and Vice President."

SEC. 3. The amendments made by this Act shall not make unlawful any preexisting use of the design of the great seal of the United States or of the seals of the President or Vice President of the United States that was lawful on the date of enactment of this Act, until one year after the date of such enactment. SEC. 4. Section 3056 of title 18, United States Code, is amended— (1) by adding the following clause after the second clause thereof: "protect the person of a visiting head of a foreign state or foreign government and, at the direction of the President, other distinguished foreign visitors to the United States and official representatives of the United States performing special missions • 1

1 ^^

1

abroad;" and (2) by striking the words "Chief, Deputy Chief, Assistant Chief" and inserting in lieu thereof "Director, Deputy Director, Assistant Directors, Assistants to the Director". SEC. 5. Section 3056 of title 18, United States Code, as amended by section 4 of this Act, shall be subject to Reorganization Plan Numbered 26 of 1950 (64 Stat. 1280). Approved January 5, 1971.

Foreign heads °eprrlentaaves abroad; secret ^^^^'""^ protec'°^s Stat. 122; 79 Stat. SQO; ° 2 Stcit* 1 1 9 8 *

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PUBLIC LAW 91-652-JAN. 5, 1971

[84 STAT.

Public Law 91-652 January 5, 1971

[H.R. 19911] Special Foreign Assistance Act of 1971.

Defense articles, transfer to Republic of Korea.

75 Stat, 4 2 4. 22 USC 2151 note.

Vietnam. 80 Stat, 801; 83 Stat. 819.

75 Stat. 434; 83 Stat. 819. 22 USC 2 2 6 1.

East Pakistan, relief.

AN ACT

To provide additional foreign assistance authorizations, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Special Foreign Assistance Act of 1971". SEC. 2. There are authorized to be appropriated to the President for the fiscal year 1971 not to exceed— (1) $85,000,000 for additional military assistance and $70,000,000 for special economic assistance for Cambodia; (2) $100,000,000 for economic and military assistance programs to replace funds which were transferred by the President for use in Cambodia; (3) $150,000,000 for additional military assistance for the Republic of Korea; (4) $30,000,000 for additional military assistance for J o r d a n; (5) $3,000,000 for additional military assistance for Indonesia and $10,000.,000 to replace funds transferred from other programs for use in Indonesia; (6) $5,000,000 for additional military assistance for Lebanon; (7) $65,000,000 for additional supporting assistance for Vietnam; and (8) $17,000,000 for additional general military assistance to compensate for a shortage in anticipated recovery of funds from past years' programs. SEC. 3. The President is authorized, until June 30, 1972, to transfer to the Republic of Korea such defense articles located in Korea and belonging to the Armed Forces of the United States on July 1, 1970, as he may determine, except that no funds heretofore or hereafter appropriated under this Act or the Foreign Assistance Act of 1961 shall be available for reimbursement to any agency of the United States Government for any transfer made pursuant to this section. SEC. 4. Except as otherwise provided in this Act, any assistance furnished out of funds appropriated under section 2 of this Act and any transfer made under section 3 of this Act shall be furnished or transferred, as the case may be, in accordance with all of the purposes and limitations applicable by statute to that type of assistance or transfer under the Foreign Assistance Act of 1961 (including the provisions of section 652 of such Act, as added by section 8 of this Act). SEC. 5. Section 402 of the Foreign Assistance Act of 1961 (22 U.S.C. 2242) is amended by adding at the end thereof the following new sentence: "None of the funds authorized by this section shall be made available to the Government of Vietnam unless, beginning in January 1971, and quarterly thereafter, the President of the United States shall determine that the accommodation rate of exchange between said Government and the United States is fair to both countries.". SEC. 6. (a) Section 451(a) of the Foreign Assistance Act of 1961, relating to the contingency fund, is amended— (1) by striking out "for the fiscal year 1971 not to exceed $15,000,000" and inserting in lieu thereof "for the fiscal year 1971 not to exceed $30,000,000"; and (2) by striking out the period at the end thereof and inserting the following: ": Provided, That, in addition to any other sums available for such purpose, $15,000,000 of the amount authorized for the fiscal year 1971 may be used only for the purpose of relief, rehabilitation, and reconstruction assistance for the benefit of cyclone, tidal wave, and flood victims in East Pakistan.".

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PUBLIC LAW 91-653-JAN. 5, 1971

1943

(b) Excess foreign currencies held in Pakistan not allocated on the date of enactment of this section are authorized to be appropriated for a period of one year from such date of enactment to help Pakistan withstand the disaster which has occurred. SEC. 7. (a) I n line with the expressed intention of the President ^^K'^^°°P® I", i» 1

T-r •

1 o

(• 1

< •

1

1

•

1

•

1 Cambodia, r e s t r i c -

of the United btates, none oi the funds authorized or appropriated tion on funds. pursuant to this or any other Act may be used to finance the introduction of United States ground combat troops into Cambodia, or to provide United States advisers to or for Cambodian military forces in Cambodia. (b) Military and economic assistance provided by the United States to Cambodia and authorized or appropriated pursuant to this or any other Act shall not be construed as a commitment by the United States to Cambodia for its defense. SEC. 8. The Foreign Assistance Act of 1961 is amended by adding at 82Lat^96t^'*' the end thereof the following new section: 22 USC 2151. "SEC.

652.

LIMITATION U P O N ADDITIONAL ASSISTANCE TO C A M -

cambodia, as-

BODiA.—The President shall not exercise any special authority granted con'^rTsVionlf"'^^ to him under sections 506(a), 610(a), and 614(a) of this Act for the notification. purpose of providing additional assistance to Cambodia, unless the 2360, 2364. ^^H^^^^^^^^' President, at least thirty days prior to the date he intends to exercise any such authority on behalf of Cambodia (or ten days prior to such date if the President c-ertifies in writing that an emergency exists requiring immediate assistance to Cambodia), notifies the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate in writing of each such intended exercise, the section of this Act under which such authority is to be exercised, and the justification for, and the extent of, the exercise of such authority.". Approved January 5, 1971. Public Law 91-653 AN ACT

To name certain Federal buildings.

January 5, 1971

[H.R.19857]

Be it enacted by the Senate and House of Representatives of the United States' of America In Congress assembled. That the United. Federal buiidStates post office and courthouse located in Post Office Square, Boston, "Designations. Massachusetts, shall hereafter be known and designated as the "John John w. Mcco^• W. McCormack Post Office and Courthouse". Any reference in a law, and crurthoJs"':" map, regulation, document, record, or other paper of the United States to such post office and courthouse shall be held to be a reference to the "John W. McCormack Post Office and Courthouse". SEC. 2. The Federal office building located at 31 Hopkins Plaza, ^jf""^^^ "• Baltimore, Maryland, shall hereafter be known and designated as the omcT Building. "George H. Fallon Federal Office Building". Any reference in a law, map, regulation, document, record, or other paper of the United States to such Federal office building shall be held to be a reference to the "George H. Fallon Federal Office Building". SEC. 3. The Federal office building located at 144 First Avenue cramlFed'erai South, Saint Petersburg, Florida, shall hereafter be known and desig- office Bundling. nated as the "AVilliam C. Cramer Federal Office Building". Any reference in a law, map, regulation, document, record, or other paper of the United States to such Federal office building shall be held to be a reference to the "William C. Cramer Federal Office Building". Approved January 5, 1971.

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1944

[84

STAT.

Public Law 91-654 January 5, 1971

[H. R. 16745] To limit, in the case of certain special service vessels, the application of the duties imposed on equipments and repair part s purchased for, and repairs made to, United States vessels in foreign countries. U.S. service vessels. Equipment and r e p a i r s, duty exemption. 46 Stat, 719. 19 USC 257, 258.

Crew compensation, exclusion.

Conditions.

Duties, refund.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 466 of the Tariff Act of 1930 is amended to read as follows: "SEC. 466. EQUIPMENT AND REPAIRS OF VESSELS.

"(a) The equipments, or any part thereof, including boats, purchased for, or the repair parts or materials to be used, or the expenses of repairs made in a foreign country upon a vessel documented under the laws of the United States to engage in the foreign or coasting trade, or a vessel intended to be employed in such trade, shall, on the first arrival of such vessel in any port of the United States, be liable to entry and the payment of an ad valorem duty of 50 per centum on the cost thereof in such foreign country; and if the owner or master of such vessel shall willfully and knowingly neglect or fail to report, make entry, and pay duties as herein required, such vessel, with her tackle, apparel, and furniture, shall be seized and forfeited. For the purposes of this section, compensation paid to members of the regular crew of such vessel in connection with the installation of any such equipments or any part thereof, or the making of repairs, in a foreign country, shall not be included in the cost of such equipment or part thereof, or of such repairs. "(b) If the owner or master of such vessel furnishes good and sufficient evidence that— "(1) such vessel, while in the regular course of her voyage, was compelled, by stress of weather or other casualty, to put into such foreign port and purchase such equipments, or make such repairs, to secure the safety and seaworthiness of the vessel to enable her to reach her port of destination; "(2) such equipments or parts thereof or repair parts or materials, were manufactured or produced in the United States, and the labor necessary to install such equipments or to make such repairs was performed by residents of the United States, or by members of the regular crew of such vessel; or "(3) such equipments, or parts thereof, or materials, or labor, were used as dunnage for cargo, or for the packing or shoring thereof, or in the erection of temporary bulkheads or other similar devices for the control of bulk cargo, or in the preparation (without permanent repair or alteration) of tanks for the carriage of liquid cargo; then the Secretary of the Treasury is authorized to remit or refund such duties, and such vessel shall not be liable to forfeiture, and no license or enrollment and license, or renewal of either, shall hereafter be issued to any such vessel until the collector to whom application is made for the same shall be satisfied, from the oath of the owner or master, that all such equipments or parts thereof or materials and repairs made within the year immediately preceding such application have been duly accounted for under the provisions of this section,

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PUBLIC LAW 91-655-JAN. 5, 1971

and the duties accruing thereon duly paid; and if such owner or master shall refuse to take such oath, or take it falsely, the vessel shall be seized and forfeited. "(c) I n the case of any vessel designed and used primarily for purposes other than transporting passengers or property in the foreign or coasting trade which arrives in a port of the United States two years or more after its last departure from a port of the United States, the duties imposed by this section shall apply only with respect to (1) fish nets and netting, and (2) other equipments, and parts thereof, and repair parts and materials purchased, or repairs made, during the first six months after the last departure of such vessel from a port of the United States." SEC. 2. (a) The amendment made by the first section of this Act shall apply with respect to entries made in connection with arrivals of vessels on or after the date of the enactment of this Act. (b) Upon request therefor filed with the customs officer concerned on or before the ninetieth day after the date of the enactment of this Act, any entry in connection with the arrival of a vessel used primarily for the catching of shrimp— (1) which was made after January 1, 1969, and before the date of the enactment of this Act, and (2) with respect to which there would have been no duty if the amendment made by the first section of this Act applied to such shall, notwithstanding the provisions of section 514 of the Tariff Act of 1930 or any other provision of law, be liquidated or reliquidated as though such entry had been made on the day after the date of the enactment of this Act. SEC. 3. Effective with respect to entries made in connection with arrivals of vessels on or after the date of the enactment of this Act (or treated under section 2 as made on the day after such date), sections 3114 and 3115 of the Revised Statutes of the United States (19 U.S.C. 257 and 258) are repealed. Approved January 5, 1971.

Shrimp ,'essels.

Ante, p. 284.

Repeals.

Public Law 91-655 AN ACT i\iy

±\y^ X

To amend item 70!).10 of the Tariff Schedules of the United States to provide that the rate of duty on parts of stethoscopes shall be the same as the rate on stethoscopes.

Be it enacted by the Senate and House of Representatives of the United States of America m Congress assembled, That (a) the article description for item 709.10 of the Tariff Schedules of the United States (19 U.S.C. 1202) is amended to read as follows: "Percussion hammers, stethoscopes, and parts of stethoscopes"'. (b) The amendment made by subsection (a) shall apply with respect to articles entered, or withdrawn from warehouse, for consumption after the date of the enactment of this Act. Approved January 5, 1971.

Januarys, 1971

[H. R. 7311]

stethoscope parts. Duty. 77A Stat. 342; 79 Stat. 945.

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PUBLIC LAW 91-656-rJAN. 8, 1971

[84 STAT.

Public Law 91-656 AN ACT January 8, 1971

[H. R. 13000]

Federal P a y Comparability Act of 1970.

To amend title 5, United States Code, to authorlze the President to adjust the rates for the statutory pay systems, to establish an Advisory Committee on Federal Pay, and for other purposes.

Be it enacted ty the Senate and House of Representatives United States of America in Congress assembJed^

of the

SHORT TITLE

1. This Act may be cited as the "Federal Pay Comparability Act of 1970". SECTION

R E STATEMENT OF CONGRESSIONAL POLICY ON FEDERAL P A Y COMPARABILITY 80 Stat. 4 5 8.

Infra. "Statutory pay system." 5 USC 5331. 60 Stat. 1002. 22 USC 8 6 1. 72 Stat. 1243. 38 USC 4 1 0 1. Repeal.

SEC. 2. (a) Section 5301 of title 5, United States Code, is amended to read as follows: "§ 5301. Policy " (a) I t is the policy of Congress that Federal pay fixing for employees under statutory pay systems be based on the principles that— "(1) there be equal pay for substantially equal work; "(2) pay distinctions be maintained in keeping with work and performance distinctions; "(3) Federal pay rates be comparable with private enterprise pay rates for the same levels of work; and "(4) pay levels for the statutory pay systems be interrelated. "(b) The pay rates of each statutory pay system shall be fixed and adjusted in accordance with the principles under subsection (a) of this section and the provisions of sections 5305, 5306, and 5308 of this title. "(c) For the purpose of this subchapter, 'statutory pay system' means a pay system under— "(^1) subchapter III of this chapter, relating to the General Schedule; "(2) subchapter IV of chapter 14 of title 22, relating to the Foreign Service of the United States; or " (3) chapter 73 of title 38, relating to the Department of Medicine and Surgery, Veterans' Administration.", (b)(1) Section 5302 of title 5, United States Code, is repealed. (2) The table of sections of subchapter I of chapter 53 of title 5, United States Code, is amended by striking out: "5302. Annual reports on pay comparability.". ANNUAL

5 USC 53015304.

PAY

REPORTS A N D ADJUSTMENTS; ADVISORY FEDERAL P A Y; R E I ^ T E D PROVISIONS

COMMITTEE

ON

S E C 3. (a) Subchapter I of chapter 53 of title 5, United States Code, is amended by adding at the end thereof the following: " (a) I n order to carry out the policy stated in section 5301 of this title, the President shall— "(1) direct such agent as he considers appropriate to prepare and submit to him annually, after considering such views and recommendations as may be submitted under the provisions of subsection (b) of this section, a report that— " (A) compares the rates of pay of the statutory pay systems with the rates of pay for the same levels of work in
 * '§ 5305. Annual pay reports and adjustments

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PUBLIC LAW 91^56-JAN. 8, 1971

private enterprise as determined on the basis of appropriate annual surveys that shall be conducted by the Bureau of Labor Statistics; " (B) makes recommendations for appropriate adjustments in rates of pay; and " (C) includes the views and recommendations submitted under the provisions of subsection (b) of this section; "(2) after considering the report of his agent and the findings and recommendations of the Advisory Committee on Federal Pay reported to him under section 5306(b)(3) of this title, adjust the rates of pay of each statutory pay system in accordance with the principles under section 5301(a) of this title, effective as of the beginning of the first applicable pay period commencing on or after October 1 of the applicable year; and "(3) transmit to Congress a report of the pay adjustment, together with a copy of the report submitted to him by his agent and the findings and recommendations of the Advisory Committee on Federal Pay reported to him under section 5306(b)(3) of this title. " (b) I n carrying out its functions under subsection (a)(1) of this section, the President's agent shall— "(1) establish a Federal Employees Pay Council of 5 members who shall not be deemed to be employees of the Government of the United States by reason of appointment to the Council and shall not receive pay by reason of service as members of the Council, who shall be representatives of employee organizations which represent substantial numbers of employees under the statutory pay systems, and who shall be selected with due consideration to such factors as the relative numbers of employees represented by the various organizations, but no more than 3 members of the Council at any one time shall be from a single employee organization, council, federation, alliance, association, or affiliation of employee organizations; "(2) provide for meetings with the Federal Employees Pay Council and give thorough consideration to the views and recommendations of the Council and the individual views and recommendations, if any, of the members of the Council regarding— " (A) the coverage of the annual survey conducted by the Bureau of Labor Statistics under subsection (a)(1) of this section (including, but not limited to, the occupations, establishment sizes, industries, and geographical areas to be surveyed); " (B) the process of comparing the rates of pay of the statutory pay systems with rates of pay for the same levels of work in private enterprise; and " (C) the adjustments in the rates of pay of the statutory pay systems that should be made to achieve comparability between those rates and the rates of pay for the same levels of work in private enterprise; "(3) give thorough consideration to the views and recommendations of employee organizations not represented on the Federal Employees Pay Council regarding the subjects in paragraph (2) (A) - (C) of this subsection; and " (4) include in its report to the President the views and recommendations submitted as provided in this subsection by the Federal Employees Pay Council, by any member of that Council,

Post,

p, 1949.

Ante, p. 1946,,

Report to Congress.

Federal Employees P a y Council. Establishment.

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 1948 Alternate plan, congl^'sl!^'°

Effective date.

PUBLIC LAW 91-656-JAN. 8, 1971

[84 STAT.

and by employee oriranizations not represented on that Council. " (c)(1) If, bscauEc of national emergency or economic conditions affecting the general \vclfare, the President should, in any year, consider it inappropriate to make the pay adjustment required by subsection (a) of this section, he shall prepare and transmit to Congress before September 1 of that year such alternative plan with respect to a pay adjustment as he considers appropriate, together with the reasons therefor, in lieu of the pay adjustments required by subsection (a) of this section. "(2) An alternative plan transmitted by the President under paragraph (1) of this subsection becomes effective on the first day of the first applicable pay period commencing on or after October 1 of the applicable year and continues in effect unless, before the end of the first period of 30 calendar days of continuous session of Congress after the date on which the alternative plan is transmitted, either House adopts a resolution disapproving the alternative plan so recommended and submitted, in which case the pay adjustments for the statutory pay systems shall be made effective as provided by subsection (m) of this section. The continuity of a session is broken only by an adjournment of the Congress sine die, and the days on which either House is not in session because of an adjournment of more than 8 days to a day certain are excluded in the computation of the 30-day period. " (1) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such they are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in the House in the case of resolutions described by this section; and they supersede other rules only to the extent that they are inconsistent therewith; and "(2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. "(e) If the committee, to which has been referred a resolution disapproving the alternative plan of the President, has not reported the resolution at the end of 10 calendar days after its introduction, it is in order to move either to discharge the committee from further consideration of the resolution or to discharge the committee from further consideration of any other resolution with respect to the same plan which has been referred to the committee. "(f) A motion to discharge may be made only by an individual favoring the resolution, is highly privileged (except that it may not be made after the committee has reported a resolution with respect to the same recommendation), and debate thereon is limited to not more than 1 hour, to be divided equally between those favoring and those opposing the resolution. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to. " (g) If the motion to discharge is agreed to, or disagreed to, the motion may not be renewed, nor may another motion to discharge the committee be made with respect to any other resolution with respect to the same alternative plan. " (h) When the committee has reported, or has been discharged from further consideration of, a resolution with respect to an alternative
 * '(d) Subsections (e) - (k) of this section are enacted by Congress—

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PUBLIC LAW 91-656-JAN. 8, 1971

plan, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolution. The motion is highly privileged and is not debatable. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to. "(i) Debate on the resolution is limited to not more than 2 hours, to be divided equally between those favoring and those opposing the resolution. A motion further to limit debate is not debatable. An amendment to, or motion to recommit, the resolution is not in order, and it is not in order to move to reconsider the vote by which the resolution is agreed to or disagreed to. "(j) Motions to postpone, made with respect to the discharge from committee, or the consideration of, a resolution with respect to an alternative plan, and motions to proceed to the consideration of other business, are decided without debate. " (k) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution with respect to an alternative plan are decided without debate. "(1) The rates of pay which become effective under this section are the rates of pay applicable to each position concerned, and each class of positions concerned, under a statutory pay system. " (m) If either House adopts a resolution disapproving an alterna*tive plan submitted under subsection (c) of this section, the President shall take the action required by paragraphs (2) and (3) of subsection (a) of this section and adjust the rates of pay of the statutory pay systems effective as of the beginning of the first applicable pay period commencing on or after the date on which the resolution is adopted, or on or after October 1, whichever is later. " (n) The rates of pay that take effect under this section shall modify, supersede, or render inapplicable, as the case may be, to the extent inconsistent therewith— "(1) all provisions of law enacted prior to the effective date or dates of all or part (as the case may be) of the increases; and "(2) any prior recommendations or adjustments which took effect under this section or prior provisions of law. "(o) The rates of pay that take effect under this section shall be printed in the Federal Register and the Code of Federal Regulations. " (p) An increase in rates of pay that takes effect under this section is not an equivalent increase in pay within the meaning of section 5335 of this title. "(q) Any rate of pay under this section shall be initially adjusted, effective on the effective date of the rate of pay, under conversion rules prescribed by the President or by such agencies as the President may designate. " (r) This section does not impair any authority pursuant to which rates of pay may be fixed by administrative action. "§ 5306. Advisory Committee on Federal Pay " (a) There is established as an independent establishment an Advisory Committee on Federal Pay, to be composed of 3 members, not otherwise employed in the Government of the United States, appointed by the President. The Director of the Federal Mediation and Conciliation Service shall, and other interested parties may, recommend to the President for his consideration persons generally recognized for their impartiality, knowledge, and experience in the field

1949

Publication in Federal Register and Code of Federal R e g u l a t i o n s. 80 Stat. 469; 81 Stat. 199.

Establishment; membership.

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 1950

PUBLIC LAW 91-656-JAN. 8, 1971

[84 STAT.

of labor relations and pay policy to serve as members. The President shall designate one of the members as Chairman. Each appointment shall be for a term of 6 years, except that one of the original members shall be appointed for a term of 2 years, and another for a term of 4 years. A member appointed to fill a vacancy occurring before the end of the term of his predecessor shall serve for the remainder of that term. When the term of a member ends, he may continue to serve until his successor is appointed. " (b) To assist the President in carrying out the policy under section Ante, p. 1946. 5301 of this title, the Committee shall— " (1) review the annual report of the President's agent; "(2) consider such further views and recommendations with respect to the analysis and pay proposals contained in the annual report of the President's agent as may be presented to it in writing by employee organizations, the President's agent, other officials of the Government of the United States, and such experts as it may consult; and "(3) report its findings and recommendations to the President. " (c) The Committee may secure from any Executive agency or military department information, suggestions, estimates, statistics, and technical assistance for the purpose of carrying out its functions. Each such Executive agency or military department shall furnish the information, suggestions, estimates, statistics, and technical assistance directly to the Committee on request of the Committee. " (d) On request of the Committee the head of any Executive agency or military department may detail, on a reimbursable basis, any of its personnel to assist the Committee in carrying out its functions. "(e) The Administrator of General Services shall provide administrative support services for the Committee on a reimbursable basis. "(f) The Committee may obtain services of experts or consultants in 80 Stat 416. accordance with section 3109 of this title but at rates for individuals not to exceed that of the highest rate of basic pay then currently being 5 USC 5332 paid under the General Schedule of subchapter III of this chapter. note. " (g) Each member of the Committee is entitled to pay at the daily equivalent of the annual rate of basic pay of level IV of the Executive 83 Stat. 863. Schedule for each day he is engaged on work of the Committee, and is 5 USC 5315. entitled to travel expenses, including a per diem allowance, in accord80 Stat. 499. ance with section 5703(b) of this title. " (h) The Committee may appoint and fix the pay of such personnel as may be necessary to carry out its functions. 64 Stat. 765. u^^^ Notwithstanding section 665 of title 31— "(1) the rates of pay of— " (A) employees in the legislative, executive, and judicial branches of the Government of the United States (except employees whose pay iS disbursed by the Secretary of the Senate or the Clerk of the House of Representatives) and of the government of the District of Columbia, whose rates of pay are fixed by administrative action under law and are not otherwise adjusted under this subchapter; " (B) employees under the Architect of the Capitol, whose 73 Stat. 407; ^ates of pay are fixed under section 166b-3 of title 40, and the 1 Stat. 638,775. Superintendent of Garages, House office buildings; and " (C) persons employed by the county committees estab52 Stat. 31; lished under section 590h(b) of title 16; and 78 Stat. 743.
 * § 5307. Pay fixed by administrative action

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 Rh The framework here, it will be seen, is more elaborate than in and is of a different nature. The mortal hero is set in motion by an inimical supernatural being, who wishes to be revenged upon his brother's slayer. He fails, in accordance with the convention of fairydom, as his success would be the hero's failure. The same contamination with the Gellert story appears as in ; also with the theme of the Child-Stealing Monster. The triadic arrangement is not so rigidly kept. The werwolf's wife, instead of being an altogether repugnant personage for whom no punishment is too bad, is not borne upon hardly by the story-teller and comes off at the end quite easily. We may surmise from this that in addition to modification by the Gellert story, has likewise been modified by one of the current mediaeval versions of the familiar Eastern stories of woman's faithlessness and punishment.

Turn we now to the Mediæval parallels. Both style themselves "Breton lays"; one, the Lai de Melion, is certainly not later than 1250, and may be much earlier; the other, the Lai de Bisdaveret of Marie de France, is not later than 1180.

In the hero, hunting in a wood, meets a beautiful woman who has come to him from Ireland, who loves but him alone and has never loved before; this falls in with a vow he had made to have no amie who had ever loved another. He marries her; she learns that he possesses a congenital talisman capable of transforming him into a wolf, lures from him the secret, makes use of it, and returns to her father, taking one of her husband's servants with her. The wolf follows, becomes leader of a band, and ravages the country. The father-in-law organises a hunt, in which all the wolves are killed except the werwolf; the latter ingratiates himself with his wife's father, by whom he is protected against her. He then attaches himself to Arthur, who comes on a visit to Ireland. One day he sees the servant who had accompanied his wife, and attacks him. The bystanders would slay him, but Arthur protects him, and divining a mystery, forces the servant to confess. Melion is re-transformed and comes to England with Arthur, leaving the guilty wife behind him.

This tale, as is evident, stands in close relation to both and to, and represents a simpler stage


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PUBLIC LAW 91^56-JAN. 8, 1971

1951

'* (2) any mhiimum or maximum rate of pay (other than a maximum rate equal to or greater than the maximum rate then currently being paid under the General Schedule as a result of the •

•

.

•

•

pay adjustment by the President), and any monetary limitation on or monetary allowance for pay, applicable to employees described in subparagraphs (A), (B), and (C) of paragraph (1) of this subsection; may be adjusted, by the appropriate authority concerned, effective at the beginning of the first applicable pay period commencing on or after the day on which a pay adjustment becomes effective under section 5805 of this title, by whichever of the following methods the appropriate authority concerned considers appropriate— "(i) by an amount or amounts not in excess of the pay adjustment provided under section 5305 of this title for corresponding rates of pay in the appropriate schedule or scale of pay; "(ii) if there are no corresponding rates of pay, by an amount or amounts equal cr equivalent, insofar as practicable and with such exceptions and modifications as may be necessary to provide for appropriate pay relationships between positions, to the amount of the pay adjustment provided under section 5305 of this title; or " (iii) in the case of minimum or maximum rates of pay, or monetary limitations or allowances with respect to pay, by an amount rounded to the nearest $100 and computed on the basis of a percentage equal or equivalent, insofar as practicable and with such variations as may be appropriate, to the percentage of the pay adjustment provided under section 5305 of this title, " (b) An adjustment under subsection (a) of this section in rates of I)ay, minimum oi' maximum rates of pay, and monetary limitations or allowances with respect to pay, shall be made in such manner as the appropriate authority concerned considers appropriate. "(c) This section does not authorize any adjustment in the rates of pay of employees whose rates of pay are fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates or practices. " (d) This section does not impair any authority under which rates of pay may be fixed by administrative action. "Pay may not be paid, by.reason of any provision of this subchapter, at a rate in excess of the rate of basic pay for level V of the Executive Schedule.". (b) The table of sections of subchapter I of chapter 53 of title 5, United States Code, is amended by adding at the end thereof the following: "5305. '•.5306. •'•5307. •'5308.
 * § 5308. Pay limitation

^ use 5332 note

^"'^' P- ^^'*^'

83 Stat. sea. ^ "^^ ^^^^*

Annual pay reports and adjustments. Advisory Committee on Federal Pay. Pay fixed by administrative action. Pay limitation.".

(c) The President may make the initial adjustment required by subchapter I of chapter 53 of title 5, United States Code, as amended by this Act, without regard to the provisions of such subchapter relating to the Advisory Committee on Federal Pay and the Federal Employees Pay Council. Notwithstanding any provision of such subchapter I imtiai prescribing an effective date of October 1 for any pay adjustment e«"cVi^e"'' made by the President, the initial adjustment based on the 1970 date! '"^^ Bureau of Labor Statistics survey and the adjustment based on the 1971 Bureau of Labor Statistics survey shall become effective on the

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 1952

Ante, p. 1946.

Exception.

PUBLIC LAW 91^56-JAN. 8, 1971

[84 STAT.

first day of the first applicable pay period that begins on or after January 1, 1971, and January 1, 1972, respectively. Notwithstanding the provisions of such subchapter I, the President's a^ent for purposes of the 1971 and 1972 adjustments shall be the Director, Office of Management and Budget and the Chairman, United States Civil Service Commission. Adjustments under the provisions of such subchapter I shall not apply to employees of the Post Office Department whose basic pay is fixed under the General Schedule. SENATE PAY ADJUSTMENTS

s use 533 2 note

SEC. 4. (a) Each time the President adjusts the rates of pay of employees under section 5305 of title 5, United States Code, the President pro tempore of the Senate shall, as he considers appropriate— (1)(A) adjust the rates of pay of personnel whose pay is disbursed by the Secretary of the Senate, and any minimum or maximum rate applicable to any such personnel; or (B) in the case of such personnel whose rates of pay are fixed by or pursuant to law at specific rates, adjust such rates (including the adjustment of such specific rates to maximum pay rates) and, in the case of all other personnel whose pay is disbursed by the Secretary of the Senate, adjust only the mmimum or maximum rates applicable to such other personnel; and (2) adjust any limitation or allowance applicable to such personnel; by percentages which are equal or equivalent, insofar as practicable and with such exceptions as may be necessary to provide for appropriate pay relationships between positions, to the percentages of the adjustments made by the President under such section 5305 for corresponding rates of pay for employees subject to the General Schedule contained in section 5332 of such title. Such rates, limitations, and allowances adjusted by the President pro tempore shall become effective on the first day of the first pay period which begins on or after the day on which any adjustment becomes effective under such section 5305 or section 3(c) of this Act. (b) The adjustments made by the President pro tempore shall be made in such manner as he considers advisable and shall have the force and effect of law. (c) Nothing in this section shall impair any authority pursuant to which rates of pay may be fixed by administrative action. (d) No rate of pay shall be adjusted under the provisions of this section to an amount m excess of the rate of basic pay for level V of the Executive Schedule contained in section 5316 of title 5, United States

83 Stat. 863.

Code.

"Personnel."

^g^ Yov purposes of this section, the term "personnel" does not include any Senator. PAY ADJUSTMENTS IN THE HOUSE OF REPRE8ENTATIAT2S

SEC. 5. (a) Whenever a pay adjustment by the President under section 5305 of title 5, United States Code, is made effective pursuant to subsection (a)(2), or subsections (c) to (m), inclusive, as the case 'may be, of such section 5305, or section 3(c) of this Act, then the Clerk of the House of Representatives, in such manner as he considers advisable— Effective date. (1) eft'ectlvc at the beginning of the first pay period commencing on or after the day on which such pay adjustment by the President is made effective as described above, shall adjust—

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(A) each minimum and maximum rate of pay applicable to any employee or class of employees whose pay is disbursed Iby the Clerk of the House (other than a maxnnum rate equal to or greater than the maximum rate then currently beingpaid under the General Schedule of r;ection 5332 of title 5, United States Code, as a result of such pay adjustment by s use 53' the President); and (B) each monetary limitation on or monetary allowance for pay applicable to any such employee or class of employees, including but not limited to— (i) the clerk hire allowance for each Member of the House of Representatives and the Resident Commissioner from Puerto Rico; and (ii) the allowances for additional office personnel in the offices of the Speaker, the majority leader, the minority leader, the majority whip, and the minority whip, of the House of Representatives; by an amount rounded to the nearest $100 and computed on the basis of a percentage equal or equivalent, insofar as practicable and with such variations as the Clerk considers appropriate, to the percentage of the pay adjustment made by the President; {'2) shall determine, with respect to the employees and classes of employees within the purview of this section whose pay is disbursed by the Clerk, the respective amounts of pay adjustments which are equal or equivalent, insofar as practicable and with such exceptions and modifications as may be necessary to provide for appropriate pay relationships between positions, to corresponding increases in pay, as determined by the Clerk, made by the pay adjustment by the President; and (3) shall transmit to the appropriate pay-fixing authority concerned in the House of Representatives a copy of his determinations with respect to the pay of those employees whose pay is fixed and adjusted by that authority. (b) After consideration of the pay determinations transmitted by the Clerk of the House, the pay-fixing authority concerned may adjust, notwithstanding the provisions contained in section 665 of title 31, United States Code, the rates of pay concerned in such manner as that ^^ ^^^^' '^^sauthority considers appropriate. (c) Nothing in this section shall impair any authority pursuant to which rates of pay may be fixed by administrative action. (d) This section shall not be deemed to authorize any adjustment in the rates of pay of employees whose rates of pay are disbursed by the Clerk of the House of Representatives and are fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates or practices, including employees subject to the House Wage Schedule. (e) No rate of pay shall be adjusted under this section to an amount in excess of the rate of basic pay of level V of the Executive Schedule contained in section 5316 of title 5, United States Code. ^^ ^*^'' ^^^• ALLOWANCES AT REMOTE

WORKSITES

SEC. 6. (a) Section 5942 of title 5, United States Code, is amended to ^,^1,11^';^^,^^' 81 Stat. 207. read as follows: "§ 5942. Allowance based on duty at remote worksites "Notwithstanding section 5536 of this title, an employee of an Executive department or an independent establishment who is assigned to

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 1954

80.at. 484.

Ante, p. 1953.

PUBLIC LAW 91-656-JAN. 8, 1971

[84 STAT.

duty, except temporary duty, at a site so remote from the nearest established communities or suitable places of residence as to require an appreciable degree of expense, hardship, and inconvenience, beyond that normally encountered in metropolitan commuting, on the part of the employee in commuting to and from his residence and such worksite, is entitled, in addition to pay otherwise due him, to an allowance of not to exceed $10 a day. The allowance shall be paid under regulations prescribed by the President establishing the rates at which the allowance will be paid and defining and designating those sites, areas, and groups of positions to which the rates apply.". (J3*J Notwithstanding section 5536 of title 5, United States Code, and the amendment made by subsection (a) of this section, and until the effective date of regulations prescribed by the President under such amendment— (1) allowances may be paid to employees under section 5942 of title 5, United States Code, and the regulations prescribed by the President under such section, as in effect immediately prior to the effective date of this section; and (2) such regulations may be amended or revoked in accordance with such section 5942 as in effect immediately prior to the effective date of this section. (c) The table of sections of subchapter IV of chapter 59 of title 5, United States Code, is amended by striking out: "5942. Allowance based on duty on California offshore islands or at Nevada Test Site."

and inserting in lieu thereof: "5942. Allowance based on duty at remote worksites.". ALLOWANCES FOR E M P L O Y E E S ON FLOATING P L A N T OPERATIONS

5 USC 5941.

SEC. 7. (a) Subchapter IV of chapter 59 of title 5, United States Code, is amended by adding at the end thereof the following new section: "§5947. Quarters, subsistence, and allowances for employees of the Corps of Engineers, Department of the Army, engaged in floating plant operations " (a) An employee of the Corps of Engineers, Department of the Army, engaged in floating plant operations may be furnished quarters or subsistence, or both, on vessels, without charge, when the furnishing of the quarters or subsistence, or both, is determined to be equitable to the employee concerned, and necessary in the public interest, in connection with such operations. "(b) Notwithstanding section 5536 of this title, an employee entitled to the benefits of subsection (a) of this section while on a vessel, may be paid, in place of these benefits, an allowance for quarters or subsistence, or both, when— "(1) adverse weather conditions or similar circumstances beyond the control of the employee or the Corps of Engineers prevent transportation of the employee from shore to the vessel; or "(2) quarters or subsistence, or both, are not available on the vessel while it is undergoing repairs. "(c) The quarters or subsistence, or both, or allowance in place thereof, may be furnished or paid only under regulations prescribed by the Secretary of the Army.". (b) The table of sections of subchapter IV of chapter 59 of title 5, United States Code, is amended by adding:

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1955

"5947. Quarters, subsistence, and allowances for employees of the Corps of Engineers, Department of the Army, engaged in floating plant operations." immediately below: "5946. Membership fees; expenses of attendance at meetings; limitations.". (c) The Act entitled "An Act to authorize the furnishing of sub- ^^p^^isistence and quarters without charge to employees of the Corps of Engineers engaged on floating plant operations", approved May 13, 1955 (69 Stat. 48; Public Law 35, Eighty-fourth Congress), is repealed. RESTRICTIONS ON POSTAL SERVICE EMPLOYMENT OF RELATIVES

SEC. 8. (a) Section 410(b)(1) of title 39, United States Code, as enacted by section 2 of the Postal Reorganization Act (84 Stat. 725; Public Law 91-375), is amended— (1) by inserting "section 3110 (restrictions on employment of relatives)," immediately before "section 3333"; and (2) by striking out "except that not regulation" and inserting in lieu thereof "except that no regulation". (b) The provisions of this section shall become effective on the effective date prescribed under section 15(a) of the Postal Reorganization Act for section 410 of title 39, United States Code, as enacted by that Act.

81 Stat. 640. 5 USC 3110.

Effective date. Ante,

p. 787.

SUPERGRADES

SEC. 9. (a) Section 5108(c) of title 5, United States Code, is ^"te, pp. lew, amended— ^^^^' (1) in paragraph (8), by striking out the word "and" at the end thereof; (2) in paragraph (9), by striking out the period at the end thereof and inserting in lieu of the period a semicolon and the word "and"; and (3) by adding a new paragraph to read as follows: " (10) the Chief Judge of the United States Tax Court, without regard to this chapter (except section 5114), may place a total of 5 positions in GS-16,17, and 18.". (b) Section 5108(a) of title 5, United States Code, is amended by Ante, p. 5 1. striking out "2,734" and inserting in lieu thereof "2,754". Approved January 8, 1971.

Public Law 91-657 AN ACT January 8, 1971

To regulate the practice of psychology in the District of Columbia. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. SECTION

1. This Act may be cited as the "Practice of Psychology

Act."

47-348 O - 72 - 40 (Pt. 2)

[s. i626] P r a c t i c e of Psychology Act.,

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