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obligated for any other purpose, regardless of when such amounts are to be paid: Froclded. That the incurring of any obligation prohibited by this paragraph shall be deemed a violation of section 8679 of the Revised Statutes, as amended (81 IT.S.(\ 6H5). No funds appropriated to the Bureau of Reclamation for oj^^i^artion and maintenance, except those derived from advances by^-vTater users, shall be used for the particular benefits of lands (a) within the boundaries of an irrigation district, (b) of any member of a water users' organization, or (c) of any individual when such district, organization, or individual is in arrears for more than twelve months in the payment of charges due under a contract entered into with the United States pursuant to laws administered by the Bureau of Reclamation. Not to exceed $225,000 may be expended from the appropriation "(Construction and rehabilitation'' for work by force account on any one project or Missouri River Basin unit and then only when such work is unsuitable for contract or no acceptable bid has been received and, other than otherwise provided in this paragraph or as may be necessary to meet local emergencies, not to exceed 12 per centum of the construction allotment for any project from the appropriation "Construction and rehabilitation" contained in this Act shall be available for construction work by force account: Provided. That this paragraph shall not apply to work performed under the Rehabilitation and Betterment Act of 1949 (63 Stat. 724). ^

899

43 USC 504 and note.

A L A S K A POWDER ADMINISTRATION GENERAL INVESTIGATIONS

For engineering and economic investigations to promote the development and utilization of the water, power and related resources of Alaska, $600,000, to remain available until expended: Provided, That $68,000 c5f this appropriation shall be transferred to the Bureau of Sport Fisheries and Wildlife for studies, investigations, and reports thereon, as required by the Fish and Wildlife Coordination Act of 1958 (72 Stat. 568-565).

16 USC 661 note.

OPERATION AND MAINTENANCE

For necessary expenses of operation and maintenance of projects in Alaska and of marketing electric power and energy, $400,000. BONNEVILLE POWER ADMINISTRATION (CONSTRUCTION

For construction and acquisition of transmission lines, substations, and appurtenant facilities, as authorized by law, $91,600,000, to remain available until expended: Provided, That not more than $150,000 of the funds appropriated herein shall be available for preliminary engineering required by the Bonneville Power Administration in connection with the proposed agreements relating to three non-federally financed generating plants proposed under the hydrothermal program to be sponsored jointly or severally by the Washington Public Power Supply System, Seattle City Light, Tacoma City Light, Snohomish County P U D and the Puget Sound Power and Light Company, pursuant to which the Bonneville Power Administration will acquire from preference customers and pay by net billing for generating capability from non-federally financed thermal generating plants in the manner described in the committee report.

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[84 STAT.

OPERATION AND M A I N T E N A N C E

For necessary expenses of operation and maintenance of the Bonneville transmission system and of marketing electric power and energy, $23,600,000. ADMINISTRATIVE PROVISIONS

Appropriations of the Bonneville Power Administration shall be available to carry out all the duties imposed upon the Administrator pursuant to law. Appropriations made herein to the Bonneville Power Administration shall be available in one fund, except that the appropriation herein made for operation and maintenance shall be available only for the service of the current fiscal year. Other than as may be necessary to meet local emergencies, not to exceed 12 per centum of the appropriation for construction herein made for the Bonneville Power Administration shall be available for construction work by force account or on a hired-labor basis. SOUTHEASTERN POWER ADMINISTRATION OPERATION AND MAINTENANCE

58 Stat. 890.

For necessary expenses of operation and maintenance of power transmission facilities and of marketing electric powder and energy pursuant to the provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the southeastern power area, $800,000. SOUTHWESTERN POWER ADMINISTRATION CONSTRUCT'ION

For construction and acquisition of transmission lines, substations, and appurtenant facilities, and for administrative expenses connected therewith, in carrying out the provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the southwestern power area, $950,000, to remain available until expended. OPERATION

AND

MAINTENANCE

For necessary expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy pursuant to the provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the southwestern power area, including purchase of not to exceed three passenger motor vehicles for replacement only, $5,100,000. OFFICE OF THE SECRETARY UNDERGROUND EFLEOTRIC POWER TRANSMISSION RESEARCH

For necessary expenses of research and development in underground electric power transmission, $750,000, to remain available until expended. GENERAL PROVISIONS—DEPARTMENT OF THE INTERIOR

conrtru^ciro^'n ^^' funds'"'^*'°"

^^^' ^^^' -Ppropriations in this title shall be available for expenditure or transfer (within each bureau or office), with the approval of the Secretary, for the emergency reconstruction, replacement or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or other unavoidable causes: Provided, That no funds shall be made available under this authority

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until funds specijEically made available to the Department of the Interior for emergencies shall have been exhausted. SEC. 302. The Secretary may authorize the expenditure or transfer (within each bureau or office) of any appropriation in this title, in addition to the amounts included in the budget programs of the several agencies, for the suppression or emergency prevention of forest or range fires on or threatening lands under jurisdiction of the Department of the Interior. SEC. 303. Appropriations in this title shall be available for operation of warehouses, garages, shops, and similar facilities, wherever consolidation of activities will contribute to efficiency or economy, and said appropriations shall be reimbursed for services rendered to any other activity in the same manner as authorized by the Act of June 30, 1932 (31 U.S.C. 686): Provided, That reimbursements for costs of supplies, materials, and equipment, and for services rendered may be credited to the appropriation current at the time such reimbursements are received. SEC. 304. No part of any funds made available by this Act to the Southwestern Power Administration may be made available to any other agency, bureau, or office for any purposes other than for services rendered pursuant to law to the Southwestern Power Administration.

Fire prevention.

Operation ol: warehouses, etc.

47 Stat. 417.

Southwestern Power Admin« istration.

TITLE IV—INDEPENDENT OFFICES DELAWARE RIVER BASIN COMMISSION SALARIES A N D EXPENSES

For expenses necessary to carry out the functions of the United States member of the Delaware River Basin Commission, as authorized by law (75 Stat. 716), $58,000. C O N T R I B U T I O N TO DELAWARE RIVER BASIN COMMISSION

For payment of the United States share of the current expenses of the Delaware River Basin Commission, as authorized by law (75 Stat. 706,707), $175,000. INTERSTATE COMMISSION ON THE POTOMAC RIVER BASIN CONTRIBUTION

TO

INTERSTATE

COMMISSION

ON

THE

POTOMAC

RIVER BASIN

To enable the Secretary of the Treasury to pay in advance to the Interstate Commission on the Potomac River Basin the Federal contribution toward the expenses of the Commission during the current fiscal year in the administration of its business in the conservancy district established pursuant to the Act of July 11, 1940 (54 Stat. 748), $5,000.

33 USC 567b.

NATIONAL WATER COMMISSION SALARIES AND EXPENSES

For expenses necessary to carry out the Act of September 26, 1968 (Public Law 90-515), including compensation of the Executive ^^^^^ use 1962a Director at level IV of the Executive Schedule $1,840,000, to remain °83*Stat. 864. available until expended. s use 5315

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[84

STAT.

TENNESSEE VALLEY AUTHORITY P A Y M E N T TO TENNESSEE VALLEY AUTHORITY

48 Stat. 58.

FUND

For the purpose of carrying out the provisions of the Tennessee Valley Authority Act of 1933, as amended (16 V.Xl, ch. 12A), including purchase of two aircraft for replacement only, hire, maintenance, and operation of aircraft, and purchase (not to exceed two hundred and fiity-five, of which two hundred and twenty-five shall be for replacement only) and hire of passenger motor vehicles, $56,180,000, to remain available until expended. WATER RESOURCES (^OUNCIL WATER RESOURCES PLANNING

79 Stat. 244. 80 Stat. 416.

For expenses necessary in carrying out the provisions of the Water Resources Planning Act of 1965 (42 U.S.C. 1962-1962d-5), including services as authorized by 5 U.S.C. 3109, but at rates not to exceed $100 per diem for individuals, and hire of passenger motor vehicles, $5,150,000, to remain available until expended, including $725,000 for carrying out the provisions of title I and administering the provisions of titles II, III, and IV of the Act, $825,000 for expenses of river basin commissions under title II of the Act, and $3,600,000 for grants to States under title III of the Act: Provided, That the share of the expenses of any river basin commission borne by the Federal (xovernment pursuant to title II of the Act shall not exceed $250,000 annually for recurring operating expenses, including the salary and expenses of the chairman. TITLE V—GENERAL PROVISIONS DEPARTMENTS, AGENCIES, AND CORPORATIONS

Motor vehicles, purchase. 31 USC 638a.

Compensation payments; citizenship status required.

Penalty.

SEC. 501. LTnless otherwise specifically provided, the maximum amount allowable during the current fiscal year in accordance with section 16 of the Act of August 2, 1946 (60 Stat. 810), for the purchase of any passenger motor vehicle (exclusive of buses and ambulances), is hereby fixed at $1,650 except station wagons for which the maximum shall be $1,950. SEC. 502. Unless otherwise specified and during the current fiscal year, no part of any appropriation contained in this or any other Act shall be used to pay the compensation of any officer or employee of the Government of the United States (including any agency the majority of thie stock of which is owned by the Government of the United States) whose post of duty is in continental United States unless such person (1) is a citizen of the United States, (2) is a person in the service of the United States on the date of enactment of this Act, who, being eligible for citizenship, had filed a declaration of intention to become a citizen of the United States prior to such date, (3) is a person who owes allegiance to the United States, or (4) is an alien from Poland or the Baltic countries lawfully admitted to the United States for permanent residence: Provided, That for the purpose of this section, an affidavit signed by any such person shall be considered prima facie evidence that the requirements of this section with respect to his status have been complied with: Provided further, That any person making a false affidavit shall be guilty of

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a felony, and, upon conviction, shall be fined not more than $4,000 or imprisoned for not more than one year, or both: Provided further, That the above penal clause shall be in addition to, and not in substitution for, any other provisions of existing law: Provided further, That any payment made to any officer or employee contrary to the provisions of this section shall be recoverable in action by the Federal Government. This section shall not apply to citizens of the Republic Exceptions. of the Philippines or to nationals of those countries allied with the United States in the current defense effort, or to temporary employment of translators, or to temporary employment in the field service (not to exceed sixty days) as a result of emergencies. Quarters SEC. 503. Appropriations of the executive departments and inde- allowances, e t c. pendent establishments for the current fiscal year, available for expenses of travel or for the expenses of the activity concerned, are hereby made available for quarters allowances and cost-of-living allowances, in accordance with title II of the Act of September 6, 1960 (74 80 Stat. 510.. Stat. 793). 5 USC 5922SEC. 504. No part of any appropriation for the current fiscal year 5925"and''not (contained in this or any other Act shall be paid to any person for the filling of any position for which he or she has been nominated after the Senate has voted not to approve the nomination of said person. SEC. 505. No part of any appropriation contained in this or any other Act for the current fiscal year shall be used to pay in excess of $4 per volume for the current and future volumes of the United States Code, Annotated, and such volumes shall be purchased on condition and with the understanding that latest published cumulative annual pocket parts issued prior to the date of purchase shall be furnished free of charge, or in excess of $4.25 per volume for the current or future volumes of the Lifetime Federal Digest, or in excess of $6.50 per volume for the current or future volumes of the Modern Federal Practice Digest. SEC. 506. Funds made available by this or any other Act for administrative expenses in the current fiscal year of the corporations and agenciep, subject to the Government Corporation Control Act, as amended (31 U.S.C. 841), shall be available, in addition to objects for 59 Stat. 597. which such funds are otherwise available, for rent in the District of Columbia; services in accordance with 5 U.S.C. 3109; and the objects 80 Stat. 4 1 6. specified under this head, all the provisions of which shall be applicable to the expenditure of such funds unless otherwise specified in the Act by which they are made available: Provided, That in the event any functions budgeted as administrative expenses are subsequently transferred to or paid from other funds, the limitations on administrative expenses shall be correspondingly reduced. SEC. 507. Pursuant to section 1415 of the Act of July 15, 1952 (66 Foreign credits. Stat. 662), foreign credits (including currencies) owed to or owned 31 USC 724. by the United States may be used by Federal agencies for any purpose for which appropriations are made for the current fiscal year (including the carrying out of Acts requiring or authorizing the use of such credits), only when reimbursement therefor is ma,de to the Treasury from applicable appropriations of the agency concerned: Provided, That such credits received as exchange allowances or proceeds of sales of personal property may be used in whole or part payment for acquisition of similar items, to the extent and in the manner authorized by law, without reimbursement to the Treasury. SEC. 508. No part of any appropriation contained in this or any Publicity or other Act, or of the funds available for expenditure by any corporation propaganda. or agency, shall be used for publicity or propaganda purposes designed to support or defeat legislation pending before Congress. 47-348 O - 72 - 61 (Pt. 1)

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Interdepartmental groups. 59 Stat. 134.

Short title.

PUBLIC LAW 91-440-OCT. 7, 1970

[84 STAT.

SEC. 509. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 510. No part of any appropriation contained in this or any other Act, shall be available to finance interdepartmental boards, commissions, councils, committees, or similar groups under section 214 of the Independent OiRces Appropriation Act, 1946 (31 U.S.C. 691) which do not have prior and specific congressional approval of such method of financial support. This Act may be cited as the "Public Works for Water, Pollution Control, and Power Development and Atomic Energy Commission Appropriation Act, 1971". Approved October 7, 1970.

Public Law 91-440 October?, 1970 [H.R.14373]

Portsmouth, Va. Land exchange.

AN ACT To authorize the Secretary of the Navy to convey to the city of Portsmouth, State of Virginia, certain lands situated within the Crawford urban renewal project (Va-53) in the city of Portsmouth, in exchange for certain lands situated within the proposed Southside neighborhood development project.

Be it enacted by the Seriate and House of Representatives of the United States of America in Congress assembled., That, notwithstanding any other provisions of law, the Secretary of the Navy, or his designee, is authorized to convey to the city of Portsmouth, State of Virginia, subject to such terms and conditions as the Secretary of the Navy or his designee shall deem to be in the public interest, all right, title, and interest of the United States in and to the land located in the city of Portsmouth with the buildings and improvements thereon, described substantially as follows: Beginning at a point on the south side of South Street one hundred and eighty feet east from the southeast intersection of South and Middle Streets; thence south and parallel with Middle Street, two hundred and twenty-six feet to the north side of Bart Street; thence east along north side of Bart Street one hundred and twenty-seven feet, more or less, to the right-of-way of the Seaboard Air Line Railway; thence northeasterly along the northerly side of the Seaboard Air Line Railway one hundred and twenty-five feet, more or less, to the west side of Crawford Street; thence north along the west side of Crawford Street, one hundred and thirteen feet, more or less, to the southwest intersection of Crawford and South Streets; thence west along south side of South Street one hundred and eighty feet to the point of beginning, containing 0.918 acre, more or less.

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SEC. 2. I n consideration of the conveyance by the United States of the aforesaid lands, the city of Portsmouth shall convey to the United States, such lands situated within the proposed Southside neighborhood development project located in the city of Portsmouth together with such buildings and improvements thereon or to be constructed thereon, as are acceptable to the Secretary of the Navy, or his designee, and subject to such conditions as are acceptable to the Secretary of the Navy, or his designee. SEC. 3. The Secretary of the Navy, or his designee, is also authorized to accept from the city of Portsmouth such appropriate interests in other lands, or neighborhood facility, as may be considered necessary for protection of the interests of the United States in connection with the exchange. SEC. 4. The property conveyed to the United States under sections 2 and 3 shall be of no less value, as determined by the Secretary of the Navy or his designee, than the property conveyed to the city of Portsmouth under section 1. Approved October 7, 1970.

other land interests, U.S. acceptance.

Property values.

Public Law 91-441 AN ACT To authorize appropriations during the fiscal year 1971 for procurement of aircraft, missiles, naval vessels, and tracked combat vehicles, and other weaiwns, and research, development, test, and evaluation for the Armed Forces, and to authorize real estate acquisition and construction at certain installations in connection with the Safeguard anti-ballistic missile system, and to prescribe the authorized personnel strength of the Selected Reserve of each Reserve component of the Armed Forces, and for other purposes.

Be it enacted by the Senate and House of Representatives United States of America in Congress assembted^

of the

TITLE I—PKOCUREMENT SEC. 101. Funds are hereby authorized to be appropriated during the fiscal year 1971 for the use of the Armed Forces of the United States for procurement of aircraft, missiles, naval vessels, and tracked combat vehicles, and other weapons, as authorized by law, in amounts as follows: AIRCRAFT

For aircraft: for the Army, $292,100,000; for the Navy and the Marine Corps, $2,416,700,000; for "the Air Force, $3,255,500,000.

October 7, 1970 [H.R. 17123]

Armed Forces. Appropriation authorization, 1971.

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PUBLIC LAW 91-441-OCT. 7, 1970

[84 STAT.

MISSILES

For missiles: for the Army, $1,059,700,000; for the Navy, $932,400,000; for the Marine Corps, $12,800,000; for the Air Force, $1,485,400,000. NAVAL VESSELS

For naval vessels: for the Navy, $2,711,900,000. TRACKED COMBAT V E H I C L E S

For tracked combat vehicles: for the Army, $205,200,000; for the Marine Corps, $47,400,000. OTHER W E A P O N S

For other weapons: for the Army, $67,200,000: Provided, That none of the funds authorized for appropriation by this Act shall be obligated for the procurement of M-16 rifles until the Secretary of the Army has certified to the Congress that at least three active production sources for supplying such weapons will continue to be available within the United States during fiscal year 1971; for the Navy, $2,789,000; for the Marine Corps, $4,400,000. TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Emergency fund.

Independent r e s e a r c h and development, e t c., restriction on payments.

Conditions.

SEC. 201. Funds are hereby authorized to be appropriated during the fiscal year 1971 for the use of the Armed Forces of the United States for research, development, test, and evaluation, as authorized by law, in amounts as follows: For the Army, $1,635,600,000; For the Navy (including the Marine Corps), $2,156,300,000; For the Air Force, $2,806,900,000; and For the Defense Agencies, $452,800,000. SEC. 202. There is hereby authorized to be appropriated to the Department of Defense during fiscal year 1971 for use as an emergency fund for research, development, test, and evaluation or procurement or production related thereto, $50,000,000. SEC. 203. (a) Funds authorized for appropriation to the Department of Defense under the provisions of this or any other Act shall not be available after December 31, 1970, for payment of independent research and development or bid and proposal costs unless the work for which payment is made has, in the opinion of the Secretary of Defense, a potential relationship to a military function or operation and unless the following conditions are met—

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(1) the Secretary of Defense, prior to or during each fiscal year, negotiates advance agreements establishing a dollar ceiling on such costs with all companies which during their last preceding fiscal year received more than $2,000,000 of independent research and development or bid and proposal payments from the Department of Defense, the advance agreements thus negotiated (A) to cover the first fiscal year of each such contractor beginning on or after the beginning of each fiscal year of the Federal Government, and (B) to be concluded either directly with each such company or with those product divisions of each such company which contract directly with the Department of Defense and themselves received more than $250,000 of such payments during their company's last preceding fiscal year; (2) the independent research and development portions of the advance agreements thus negotiated are based on company submitted plans on each of which a technical evaluation is performed by the Department of Defense prior to or during the fiscal year covered by such advance agreement; and (3) no payments for independent research and development or bid and proposal costs are made by the Department of Defense to any company or product division with which an advance agreement is required by subsection (a)(1) of this section, except pursuant to the terms of that agreement. (b) In the event negotiations are held with any company or product division with which they are required under subsection (a)(1) of this section, but no agreement is reached with any such company or product division, no payments for independent research and development or bid and proposal costs shall be made to any such company or product division during the fiscal year for which agreement was not reached, except in an amount substantially less than the amount which, in the opinion of the Department of Defense, such company or product division would otherwise have been entitled to receive, subject to appeal by such company or product division under regulations to be prescribed by the Secretary of Defense. (c) The Secretary of Defense shall submit an annual report to the ^ Annual report to Congress. Congress on or before March 15, 1971, and on or before March 15 '" * " "°^ of each succeeding year, setting forth— (1) those companies with which negotiations were held pursuant to subsection (a)(1) of this section prior to or during the preceding fiscal year of the Federal Government, together with the results of those negotiations; (2) the latest available Defense Contract Audit Agency statistics, estimated to the extent necessary, on the independent research and development or bid and proposal payments made to major

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 908

Applicability.

76 Stat. 528; 82 Stat. 863. Repeal. Research proje c t s or studies, restriction.

Basic scientific research, government support, increase.

PUBLIC LAW 91-441-OCT. 7, 1970

[84 STAT.

defense contractors, whether or not covered by subsection (a)(1) of this section during the preceding calendar year; and (3) the manner of his compliance with the provisions of this section, and any major policy changes proposed to be made by the Department of Defense in the administration of its contractors' independent research and development and bid and proposal programs. (d) The provisions of this section shall apply only to contracts for which the submission and certification of cost or pricing data are required in accordance with section 2306(f) of title 10, United States Code. (e) Section 403 of Public Law 91-121 (83 Stat. 204) is hereby repealed. SEC. 204. None of the funds authorized to be appropriated to the Department of Defense by this or any other Act may be used to finance any research project or study unless such project or study has, in the opinion of the Secretary of Defense, a potential relationship to a military function or operation. SEC. 205. I t is the sense of the Congress that—• (1) an increase in Government support of basic scientific research is necessary to preserve and strengthen the sound technological base essential both to protection of the national security and the solution of unmet domestic needs; and (2) a larger share of such support should be provided hereafter through the National Science Foundation. TITLE III—RESERVE

FORCES

SEC. 301. For the fiscal year beginning July 1, 1970, and endingJune 30, 1971, the Selected Reserve of each Reserve component of the Armed Forces will be programed to attain an average strength of not less than the following: (1) The Army National Guard of the United States, 400,000. (2) The Army Reserve, 260,000. (3) The Naval Reserve, 129,000. (4) The Marine Corps Reserve, 47,715. (5) The Air National Guard of the United States, 8,,878. (6) The Air Force Reserve, 47,921. (7) The Coast Guard Reserve, 15,000. SEC. 302. The average strength prescribed by section 301 of this title for the Selected Reserve of any Reserve component shall be proportionately reduced by (1) the total avithorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at any time during the fiscal year, and (2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at any time during the fiscal year. Whenever any such units or such individual members are released from active duty during any fiscal year, the average strength for such fiscal year for the Selected Reserve of such Reserve component shall be proportionately increased by the total authorized strength of such units and by the total number of such individual members.

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TITLE IV—ANTI-BALLISTIC MISSILE CONSTRUCTION AUTHORIZATION; L I M I T A T I O N S ON D E P L O Y M E N T SEC. 401. (a) Military construction for the Safeguard anti-ballistic missile system is authorized for the Department of the Army as follows: (1) Technical and supporting facilities and acquisition of real estate inside the United States, $322,000,000. (2) Research, development, test, and evaluation facilities at the Kwajalein Missile Range, $3,200,000. (3) Military Family Housing, four hundred units, $8,800,000: Malmstrom Safeguard site, Montana, two hundred units. Grand Forks Safeguard site, North Dakota, two hundred units. (b) There are authorized to be appropriated for the purposes of this section not to exceed $334,000,000. (c) Authorization contained in this section (except subsection (b)) shall be subject to the authorizations and limitations of the Military Construction Authorization Act, 1971, in the same manner as if such authorizations had been included in that Act. (d) Within the amounts of the authorizations of military construction for Safeguard, the Secretary of the Army or his designee is authorized to provide for, under such terms and conditions as he may determine, two hundred and twenty-five units of temporary family housing for occupancy on a rental basis by military and civilian personnel of the Department of Defense and their dependents at each Safeguard site in connection with any military construction and installation and checkout of system equipment which is or may hereafter be authorized at a Safeguard site, if the Secretary of the Army or his designee determines that such temporary housing is necessary in order to perform the construction and installation and checkout of system equipment, and that temporary housing is not otherwise available under reasonable terms and conditions. SEC. 402. None of the funds authorized by this or any other Act may be obligated or expended for tjie purpose of initiating deployment of an anti-ballistic missile system at any site other than Whiteman Air Force Base, Knobnoster, Missouri; except that funds may be obligated or expended for the purpose of initiating advanced preparation (site selection, land acquisition, site survey, and the procurement of long lead-time items) for an anti-ballistic missile system site at Francis E. Warren Air Force Base, Cheyenne, Wyoming. Nothing in the foregoing sentence shall be construed as a limitation on the obligation or expenditure of funds in connection with the deployment of an antiballistic missile system at Grand Forks Air Force Base, Grand Forks, North Dakota, or Malmstrom Air Force Base, Great Falls, Montana.

Safeguard.

Post,

p. 1204.

DOD personnel, family housing.

Full deployment, Whiteman AFB. Advanced preparation, Warren A F B.

Continuation, Grand Forks and Malmstrom A F B.

TITLE V—GENERAL PROVISIONS SEC. 501. The Congress views with grave concern the deepening involvement of the Soviet Union in the Middle East and the clear and present danger to world peace resulting from such involvement which cannot be ignored by the United States. In order to restore and maintain the military balance in the Middle East, by furnishing to Israel the means of providing for its own security, the President is authorized to transfer to Israel, by sale, credit sale, or guaranty, such aircraft, and equipment appropriate to use, maintain, and protect such aircraft, as may be necessary to counteract any past, present, or future increased

Israel, air> craft s a l e s. Presidential authoriza.. tion.

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 910 Terms and conditions. Expiration.

Funds, availability for Vietnamese forces, e t c. 83 Stat. 2 06.

77 Stat. 216; 79 Stat. 547. Cambodia and Laos.

PUBLIC LAW 91-441-OCT. 7, 1970

[84 STAT.

military assistance provided to other countries of the Middle East. Any such sale, credit sale, or guaranty shall be made on terms and conditions not less favorable than those extended to other countries vehich receive the same or similar types of aircraft and equipment. The authority contained in the second sentence of this section shall expire September 30, 1972. SEC. 502. Subsection (a) of section 401 of Public Law 89-367, approved March 15, 1966 (80 Stat. 37), as amended, is hereby amended to read as follows: " (a)(1) Not to exceed $2,800,000,000 of the funds authorized for appropriation for the use of the Armed Forces of the United States under this or any other Act are authorized to be made available for their stated purposes to support: (A) Vietnamese and other free world forces in support of Vietnamese forces, (B) local forces in Laos and Thailand; and for related costs, during the fiscal year 1971 on such terms and conditions as the Secretary of Defense may determine. None of the funds appropriated to or for the use of the Armed Forces of the United States may be used for the purpose of paying any overseas allowance, per diem allowance, or any other addition to the regular base pay of any person serving with the free world forces in South Vietnam if the amount of such payment would be greater than the amount of special pay authorized to be paid, for an equivalent period of service, to members of the Armed Forces of the United States (under section 310 of title 37, United States Code) serving in Vietnam or in any other hostile fire area, except for continuation of payments of such additions to regular base pay provided in agreements executed prior to July 1, 1970. Nothing in clause (A) of the first sentence of this paragraph shall be construed as authorizing the use of any such funds to support Vietnamese or other free world forces in actions designed to provide military support and assistance to the Government of Cambodia or Laos. "(2) No defense article may be furnished to the South Vietnamese forces, other free world forces in Vietnam, or to local forces in Laos or Thailand with funds authorized for the use of the Armed Forces of the United States under this or any other Act unless the government of the forces to which the defense article is to be furnished shall have agreed that— " (A) it will not, without the consent of the President— " (i) permit any use of such article by anyone not an officer, employee, or agent of that government, "(ii) transfer, or permit any officer, employee, or agent of that government to transfer such article by girt, sale, or otherwise, or "(iii) use or permit the use of such article for purposes other than those for which furnished; " (B) it will maintain the security of such article, and will provide substantially the same degree of security protection afforded to such article by the United States Government; " (C) it will, as the President may require, permit continuous observation and review by, and furnish necessary information to, representatives of the United States Government with regard to the use of such article; and " (D) unless the President consents to other disposition, it will return to the United States Government for such use or disposition as the President considers in the best interests of the United States, any such article which is no longer needed for the purposes for which it was furnished.

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911

The President shall promptly submit a report to the Speaker of the Presidential House of Representatives and the President of the Senate on the im- gres^. *° plementation of each agreement entered into in compliance with this paragraph. The President may not give his consent under clause (A) or (D) of this paragraph with respect to any defense article until the expiration of fifteen days after written notice has been given to the Speaker of the House of Representatives and the President of the Senate regarding the proposed action of the President with respect to such article. As used in this paragraph the term 'defense article' '[^^J^,^^^ shall have the same meaning prescribed for such term in section 644(d) of the Foreign Assistance Act of 1961, In order to allow a reasonable 8/stat!4*62V period of time for the Department of Defense to comply with the 22 USC 2403. requirements of this paragraph, the provisions of such paragraph shall ^^^^^"^^^^ become effective sixty days after the date of enactment of this paragraph." SEC. 503. Of the total amount authorized to be appropriated by this ^/enditurr"'^* Act for the procurement of the F-111 aircraft, $283,000,000 of such condmot^s!' amount may not be obligated or expended for the procurement of such aircraft until and unless the Secretary of Defense has (1) determined that the F-111 aircraft has been subjected to and successfully completed a comprehensive structural integrity test program, (2) approved a program for the procurement of such aircraft, and (3) certified in ^.^n^reTsi^onai a written report to the Committees on Armed Services of the Senate committees. and the House of Representatives that he has made such a determination and approved such a program, and has included in such written report the basis for making such determination and approving such program. SEC. 504. (a) Of the total amount authorized to be appropriated by contft^rncy'ftand, this Act for the procurement of the C-5A aircraft, $200,000,000 of restrictions and such amount may not be obligated or expended until after the expira- controls. tion of 30 days from the date upon which the Secretary of Defense submits to the Committees on Armed Services of the Senate and the House of Representatives a plan for the expenditure of such $200,000,000. In no event may all or any part of such $200,000,000 be obligated or expended except in accordance with such plan. (b) The $200,000,000 referred to in subsection (a) of this section, following the submission of a plan pursuant to such subsection, may be expended only for the reasonable and allocable direct and indirect costs incurred by the prime contractor under a contract entered into with the United States to carry out the C-5A aircraft program. No part of such amount may be used for— (1) direct cost of any other contract or activity of the prime contractor; (2) profit on any materials, supplies, or services which are sold or transferred between any division, subsidiary, or affiliate of the prime contractor under the common control of the prime contractor and such division, subsidiary, or affiliate; (3) bid and proposal costs, independent research and development costs, and the cost of other similar unsponsored technical effort; or (4) depreciation and amortization costs on property, plant, or equipment. Any of the costs referred to in the preceding sentence which would otherwise be allocable to any work funded by such $200,000,000 may not be allocated to other portions of the C-5A aircraft contract or to any other contract with the United States, but payments to C-5A aircraft subcontractors shall not be subject to the restrictions referred to in such sentence.

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Page:United States Statutes at Large Volume 84 Part 1.djvu/970

 912

Defense Department and GAO audits. Report to Congress.

83 Stat. 207. 10 USC 133 note. Chemical and biological warfare agents.

Transportation, testing, and disposal. 50 USC 1512.

Deployment, storage, and disposal. 50 USC 1513.

PUBLIC LAW 91-441-OCT. 7, 1970

[84 STAT,

(c) Any payment from such $200,000,000 shall be made to the prime contractor through a special bank account from which such contractor may withdraw funds only after a request containing a detailed justification of the amount requested has been submitted to and approved by the contracting officer for the United States. All payments made from such special bank account shall be audited by the Defense Contract Audit Agency of the Department of Defense and, on a quarterly basis, by the General Accounting Office. The Comptroller General shall submit to the Congress not more than thirty days after the close of each quarter a report on the audit for such quarter performed by the General Accounting Office pursuant to this subsection. (d) The restrictions and controls provided for in this section with respect to the $200,000,000 referred to in subsections (a) and (b) of this section shall be in addition to such other restrictions and controls as may be prescribed by the Secretary of Defense or the Secretary of the Air Force. SEC. 505. Section 412(b) of Public Law 86-149, as amended, is amended by inserting immediately before the word "unless" the following: ", or after December 31, 1970, to or for the use of the Navy for the procurement of torpedoes and related support equipment". SEC. 506. (a) None of the funds authorized to be appropriated by this Act shall be used for the procurement of delivery systems specifically designed to disseminate lethal chemical or any biological warfare agents, or for the procurement of delivery system parts or components specifically designed for such purpose, unless the President shall certify to the Congress that such procurement is essential to the safety and security of the United States. (b)(1) Section 409(b) of Public Law 91-121, approved November 19, 1969 (83 Stat. 209), is amended— (A) by striking out "or the open air testing of any such agent within the United States" in the material immediately preceding paragraph (1) and inserting in lieu thereof the following: "the open air testing of any such agent within the United States, or the disposal of any such agent within the United States"; (B) by striking out "transportation or testing" each time it appears in paragraphs (2), (3), and (4) and inserting in lieu thereof "transportation, testing, or disposal"; and (C) by inserting "or disposal" immediately after "such testing" in paragraph (4)(A). (2) Section 409(c)(1) of such public law is amended— (A) by striking out "deployment, or storage, or both," and inserting in lieu thereof "deployment, storage, or disposal"; and (B) by striking out "deployment or storage" immediately after "unless prior notice of" and inserting in lieu thereof "deployment, storage, or disposal". (3) The first sentence of section 409(c)(2) of such public law is amended by inserting ", or for the disposal of any munitions in international waters," immediately after "outside the United States". (4) Section 409 of such public law is further amended by adding at the end thereof a new subsection as follows: " (g) Nothing contained in this section shall be deemed to restrict the transportation or disposal of research quantities of any lethal chemical or any biological warfare agent, or to delay or prevent, in emergency situations either within or outside the United States, the immediate disposal together with any necessary associated transportation, of any lethal chemical or any biological warfare agent when compliance with the procedures and requirements of this section would clearly endanger the health or safety of any person."

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Page:United States Statutes at Large Volume 84 Part 1.djvu/971

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(c)(1) The Secretary of Defense shall undertake to enter into Herbicides «nd appropriate arrangements with the National Academy of Sciences to grim'^sVudyf"" conduct a comprehensive study and investigation to determine (A) the ecological and physiological dangers inherent in the use of herbicides, and (B) the ecological and physiological effects of the defoliation program carried out by the Department of Defense in South Vietnam. (2) Of the funds authorized by this Act for research, development, testing, and evaluation of chemical warfare agents and for defense against biological warfare agents, such amounts as are required shall be available to carry out the study and investigation authorized by paragraph (1) of this subsection, (3) I n entering into any arrangement with the National Academy Report to Deof Sciences for conducting the study and investigation authorized by presldemranZ' paragraph (1) of this subsection, the Secretary of Defense shall request congress, that the National Academy of Sciences submit a final report containing the results of its study and investigation to the Secretary not later than January 31, 1972. The Secretary shall transmit copies of such report to the President and the Congress, together with such comments and recommendations as he deems appropriate, not later than March 1, 1972. (d) On and after the date of enactment of this Act, no chemical or biological warfare agent shall be disposed of within or outside the United States unless such agent has been detoxified or made harmless to man and his environment unless immediate disposal is clearly necessary, in an emergency, to safeguard human life. An immediate report should be made to Congress in the event of such disposal. SEC. 507. (a) No information concerning the identity or location of Defense conthe person, company, or corporation to whom any contract has been dil^ci°o"ure ^^^^ awarded by the Department of Defense shall be given to any indi- identity, prohiMvidual, including any Member of Congress, in advance of a public *'""• announcement by the Secretary of Defense of the identity of the person, company, or corporation to whom such contract has been awarded. (b) On and after the date of enactment of this Act, whenever the identity of the person, company, or corporation to whom any defense contract has been awarded is to be made public, the Secretary of Defense shall publicly announce that such contract has been awarded and to whom it was awarded. SEC. 508. I n order to reduce annual expenditures in connection with Military personpermanent change of station assignments of military personnel and in sfgnmlm'sTex." order to help further stabilize the lives of members of the Armed tensions. Forces and their dependents, the Secretary of Defense is directed to initiate promptly new procedures with respect to domestic and foreign permanent change of station assignments for military personnel under which the length of permanent change of station assignments will, whenever practicable and consistent with national security, be made for longer periods of time. SEC. 509. Section 412 of Public Law 86-149, as amended, is amended g^ti^^dur'^V' by adding at the end thereof a new subsection as follows: son^nei s'trL^h, " (d)(1) Beginning with the fiscal year which begins July 1, 1971, congressional and for each fiscal year thereafter, the Congress shall authorize the ^"73°star.*3°22*; average annual active duty personnel strength for each component si Stat. 526. ' of the Armed Forces; and no funds may be appropriated for any lo use 133 fiscal year beginning on or after such date to or for the use of the active duty personnel of any component of the Armed Forces unless the average active duty personnel strength of such component for such fiscal year has been authorized by law.

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Page:United States Statutes at Large Volume 84 Part 1.djvu/972

 914 Presidential report to Congress,

Campuses barring military recruiters, c e s s a t i o n of payments.

Exception.

PUBLIC LAW 91-442-OCT. 8, 1970

[84 STAT.

" (2) Beginning with the fiscal year ending June 30, 1971, the President shall submit to the Congress a written report not later than January 31 of each fiscal year recommending the average annual active duty strength level for each component of the Armed Forces for the next fiscal year and shall include in such report justification for the strength levels recommended and an explanation of the relationship between the personnel strength levels recommended for such fiscal year and the national security policies of the United States in effect at the time." SEC. 510. No part of the funds appropriated pursuant to this Act may be used at a n j institution of higher learning if the Secretary of Defense or his designee determines that at the time of the expenditure of funds to such institution recruiting personnel of any of the Armed Forces of the United States are being barred by the policy of such institution from the premises of the institution except that this section shall not apply if the Secretary of Defense or his designee determines that the expenditure is a continuation or a renewal of a previous grant to such institution which is likely to make a significant contribution to the defense effort. The Secretaries of the military departments sh ' furnish to the Secretary of Defense or his designee within 60 days after the date of enactment of this Act and each January 31st and June 30th thereafter the names of any institutions of higher learning which the Secretaries determine on such dates are barring such recruiting personnel from the campus of the institution. Approved October 7, 1970.

Public Law 91-442 October 8, 1970 [ S. J. R e s. 110]

National Employ the Handicapped Week. Designation. 36 USC 155.

JOINT RESOLUTION

To amend the joint resolution entitled "Joint resolution to establish the first week in October of each year as National Employ the Physically Handicapped Week", approved August 11, 1945 (59 Stat. 530), so as to broaden the applicability of such resolution to all handicapped workers. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the first two sentences of the joint resolution entitled "Joint resolution to establish the first week in October of each year as National Employ the Physically Handicapped Week", approved August 11, 1945 (59 Stat. 530), are amended to read as follows: "That hereafter the first week in October of each year shall be designated as National Employ the Handicapped Week. During such week appropriate ceremonies shall be held throughout the Nation, the purposes of which will be to enlist public support for and interest in the employment of otherwise qualified but handicapped workers." Approved October 8, 1970.

Public Law 91-443 October 8, 1970 [H. J. R e s. 236]

National Clown Week. Proclamation.

JOINT RESOLUTION Authorizing and requesting the President of the United States to issue a proclamation designating the week of August 1 through August 7, 1971, as "National Clown Week". Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States is authorized and requested to issue a proclamation (1) designating the week of August 1 through August 7, 1971, as "National Clown Week", (2) inviting the Governors of the States and territories

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STAT.]

PUBLIC LAW 91-446-OCT. 14, 1970

915

of the United States to issue proclamations for like purposes, and (3) urging the people of the United States to give heed to the contributions made by clowns in their entertainment at children's hospitals, charitable institutions, institutions for the mentally retarded, and generally helping to lift the spirits and boost the morale of our people, at a time when it is especially desirable and necessary. _ Approved October 8, 1970.

Public Law 91-444 AN ACT To extend for one year the Act of September 30, 19tj."), as amended by the Act of July 24, 1968, relating to higli-speed ground transportation, and for other purposes.

Be it enacted by the SeTiate and House of Representatives of the United States of America in Congress assembled, That (a) the first sentence of section 11 of the Act entitled "An Act to authorize the Secretary of Transportation to undertake research and development in high-speed ground transportation", approved September 30, 1965 (Public Law 89-220; 79 Stat. 893; 49 U.S.C. 1631-1642), as amended, is amended by striking out ", and" and the period at the end thereof and inserting a semicolon and the following: "and $21,700,000 for the fiscal year ending June 30, 1971.". (b) The first sentence of section 12 of such Act of Sej^tember 30, 1965, as amended, is furtlier amended by striking out "1971" and inserting in lieu thereof "1972". Approved October 13, 1970.

October 13, 1970 [S.3730]

High-speed ground transportation. Research extension. 82 Stat. 4 2 4.

Termination date.

Public Law 91-445 JOINT RESOLUTION Authorizing the President to proclaim National Volunteer Firemen's Week from October 24, 1970, to October 31, 1970.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is hereby authorized and requested to issue a proclamation designating National Volunteer Firemen's Week from October 24, 1970, to October 31, 1970, and calling upon the people of the United States to observe such week with appropriate ceremonies and activities. Approved October 14, 1970.

October 14, 1970 [H.J. R e s. 1154]

National Volunteer Firemen's Week. Proclamation.

Public Law 91-446 AN ACT To amend section 15d of the Tennessee Valley Authority Act of 1933 to increase the amount of bonds which may be issued by the Tennessee "Valley Authority.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first sentence of subsection (a) of section 15d of the Tennessee Valley Authority Act of 1933, as amended (16 U.S.C. 831n-4, Supplement t V), is amended by striking out "$1,750,000,000" and inserting in lieu thereof "$5,000,000,000". Approved October 14, 1970.

October 14, 1970 [ H. R. 18104]

TVA. Bonds,increase. 73 Stat. 2 8 0, 3 3 8; 80 Stat. 3 4 6.

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PUBLIC LAW 91-447-OCT. 14, 1970

[84 STAT.

Public Law 91-447 October 14, 1970 [S.1461]

U. S. courts. Defendant representation. 78 Stat. 552.

62 Stat. 684.

Representation on appeal.

AN ACT To amend section 3006A of title 18, United States Code, relating to representation of defendants who are financially unable to obtain an adequate defense in criminal cases in the courts of the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. That (a) subsections (a) - (f) of section 3006A of title 18, United States Code, are amended to read as follows: " (a) CHOICE OF PLAN.—Each United States district court, with the approval of the judicial council of the circuit, shall place in operation throughout the district a plan for furnishing representation for any person financially unable to obtain adequate representation (1) who is charged with a felony or misdemeanor (other than a petty offense as defined in section 1 of this title) or with juvenile delinquency by the commission of an act which, if committed by an adult, would be such a felony or misdemeanor or with a violation of probation, (2) who is under arrest, when such representation is required by law, (3) who is subject to revocation of parole, in custody as a material witness, or seeking collateral relief, as provided in subsection (g), or, (4) for whom the Sixth Amendment to the Constitution requires the appointment of counsel or for whom, in a case in which he faces loss of liherty, any Federal law requires the appointment of counsel. Representation under each plan shall include counsel and investigative, expert, and other services necessary for an adequate defense. Each plan shall include a provision for private attorneys. The plan may include, in addition to a provision for private attorneys in a substantial proportion of cases, either of the following or both: (1) attorneys furnished by a bar association or a legal aid agency; or (2) attorneys furnished by a defender organization established in accordance with the provisions of subsection (h). Prior to approving the plan for a district, the judicial council of the circuit shall supplement the plan with provisions for representation on appeal. The district court may modify the plan at any time with the approval of the judicial council of the circuit. I t shall modify the plan when directed by the judicial council of the circuit. The district court shall notify the Administrative Office of the United States Courts of any modification of its plan. "(b) APPOINTMENT OF COUNSEL.—Counsel furnishing representation under the plan shall be selected from a panel of attorneys designated or approved by the court, or from a bar association, legal aid agency, or defender organization furnishing representation pursuant to the plan. I n every criminal case in which the defendant is charged with a felony or a misdemeanor (other than a petty offense as defined in section 1 of this title) or with juvenile delinquency by the commission of an act which, if committed by an adult, would be such a f elciy or misdemeanor or with a violation of probation and appears without counsel, the United States magistrate or the court shall advise the defendant that he has the right to be represented by co^ isel and that counsel will be appointed to represent nim if he is fir i. 'W unpl^^ to obtain counsel. Unless the defendant waives represej..;. sel, the United States magistrate or the court, if satisfied atier u,pi priate inquiry that the defendant is financially unable to obtain counsel, shall appoint counsel to represent him. Such appointment may be made retroactive to include any representation furnished pursuant to the plan prior to appointment. The United States magistrate or the court

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Page:United States Statutes at Large Volume 84 Part 1.djvu/975

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PUBLIC LAW 91-447-OCT. 14, 1970

shall appoint separate counsel for defendants having interests that cannot properly be represented by the same counsel, or when other good cause is shown. "(c) DURATION AND SUBSTITUTION or APPOINTMENTS.—A person for whom counsel is appointed shall be represented at every stage of the proceedings from his initial appearance before the United States magistrate or the court through appeal, including ancillary matters appropriate to the proceedings. If at any time after the appointment of counsel the United States magistrate or the court finds that the person is financially able to obtain counsel or to make partial payment for the representation, it may terminate the appointment of counsel or authorize payment as provided in subsection (f), as the interests of justice may dictate. If at any stage of the proceedings, including an appeal, the United States magistrate or the court finds that the person is financially unable to pay counsel whom he had retained, it may appoint counsel as provided in subsection (b) and authorize payment as provided in subsection (d), as the interests of justice may dictate. The United States magistrate or the court may, in the interests of justice, substitute one appointed counsel for another at any stage of the proceedings. " (d) PAYMENT FOR REPRESENTATION.— "(1) HOURLY RATE.—Any attorney appointed

pursuant to this section or a bar association or legal aid agency or community defender organization which has provided the appointed attorney shall, at the conclusion of the representation or any segment thereof, be compensated at a rate not exceeding $30 per hour for time expended in court or before a United States magistrate and $20 per hour for time reasonably expended out of court, or such other hourly rate, fixed by the Judicial Council of the Circuit, not to exceed the minimum hourly scale established by a bar association for similar services rendered in the district. Such attorney shall be reimbursed for expenses reasonably incurred, including the costs of transcripts authorized by the United States magistrate or the court. " (2) MAXIMUM AMOUNTS.—For representation of a defendant be-

fore the United States magistrate or the district court, or both, the compensation to be paid to an attorney or to a bar association or legal aid agency or community defender organization shall not exceed $1,000 for each attorney in a case in which one or more felonies are charged, and $400 for each attorney in a case in which only misdemeanors are charged. For representation of a defendant in an appellate court, the compensation to be paid to an attorney or to a bar association or legal aid agency or community defender organization shall not exceed $1,000 for each attorney in each court. For representation in connection with a post-trial motion made after the entry of judgment or in a probation revocation proceeding or for representation provided under subsection (g) the compensation shall not exceed $250 for each attorney in each proceeding in each court. "(3) WAIVING MAXIMUM AMOUNTS.—Payment in excess of any maximum amount provided in paragraph (2) of this subsection may be made for extended or complex representation whenever the court in which the representation was rendered, or the United States magistrate if the representation was furnished exclusively before him, certifies that the amount of the excess payment is necessary to provide fair compensation and the payment is approved by the chief judge of the circuit. "(4) F I L I N G CLAIMS.—A separate claim for compensation and reimbursement shall be made to the district court for representation before the United States magistrate and the court, and to each appellate court

^^^

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statement.

73"tau 590?'

PUBLIC LAW 91-447-OCT. 14, 1970

[84 STAT.

befoFe which the attorney represented the defendant. Each claim shall be supported by a sworn written statement specifying the time expended, services rendered, and expenses incurred while the case was pending before the United States magistrate and the court, and the compensation and reimbursement applied for or received in the same case from any other source. The court shall fix the compensation and reimbursement to be paid to the attorney or to the bar association or legal aid agency or community defender organization which provided the appointed attorney. I n cases where representation is furnished exclusively before a United States magistrate, the claim shall be submitted to him and he shall fix the compensation and reimbursement to be paid. I n cases where representation is furnished other than before the United States magistrate, the district court, or an appellate court, claims shall be submitted to the district court which shall fix the compensation and reimbursement to be paid. "(5) NEW TRIALS.—For purposes of compensation and other payments authorized by this section, an order by a court granting a new trial shall be deemed to initiate a new* case. "(6) PROCEEDINGS BEFORE APPELLATE COURTS.—If a jjerson for whom counsel is appointed under this section appeals to an appellate court or petitions for a writ of certiorari, he may do so without prepayment of fees and costs or security therefor and w ithout filing the 'affidavit required by section 1915(a) of title 28. " (e) SERVICES OTHER T H A N COUNSEL.— " (1) UPON REQUEST.—Counsel for a person who is

financially

unable to obtain investigative, expert, or other services necessary for an adequate defense may request them in an ex parte application. Upon finding, after appropriate inquiry in an ex parte proceeding, that the services are necessary and that the person is financially unable to obtain them, the court, or the United States magistrate if the services are required in connection with a matter over which he has jurisdiction, shall authorize counsel to obtain the services. "(2) WITHOUT PRIOR REQUEST.—Counsel appointed under this section may obtain, subject to later review, investigative, expert, or other services w ithout prior authorization if necessary for an adequate decost limitation, fgnsc. The total cost of services obtained without prior authorization may not exceed $150 and expenses reasonably incurred. "(3) MAXIMUM AMOUNTS.—Compensation to be paid to a person for services rendered by him to a person under this subsection, or to be paid to an organization for services rendered by an employee thereof, shall not exceed $300, exclusive of reimbursement for expenses reasonably incurred, unless payment in excess of that limit is certified by the court, or by the United States magistrate if the services were rendered in connection with a case disposed of entirely before him, as necessary to provide fair compensation for services of an unusual character or duration, and the amount of the excess payment is approved by the chief judge of the circuit. "(f) RECEIPT OF OTHER PAYMENTS.—Whenever the United States magistrate or the court finds that funds are available for payment from or on behalf of a person furnished representation, it may authorize or direct that such funds be paid to the appointed attorney, to the bar association or legal aid agency or community defender organization which provided the appointed attorney, to any person or organization authorized pursuant to subsection (e) to render investigative, expert, or other services, or to the court for deposit in the Treasury as a reimbursement to the appropriation, current at the time of payment, to carry out the provisions of this section. Except as so authorized or directed, no such person or organization may request or accept any payment or promise of payment for representing a defendant."

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Page:The Eurypterida of New York Volume 1.pdf/136

 approximation to it in outline. The close relationship of Hughmilleria to Pterygotus is further evinced by the small size of the swimming legs and the form of the metastoma. The endognathites of the two differ, those of Hughmilleria and of the Eurypteridae being spinous, stout and increasing in length backward. The endognathites of Slimonia, except the antenniform first pair, differ similarly from those of Pterygotus, and both Hughmilleria and Slimonia lack the immense development of the chelicerae of Pterygotus, and we believe that the endognathites of these two genera have assumed these characters in order to perform a part of the functions of the chelicerae of Pterygotus and so served as organs of offense and defense, while those of Pterygotus remained undeveloped, being overshadowed by the great chelicerae. As a corollary we may assume that the earlier Hughmilleriae approached Pterygotus in the character of their endognathites.

The genetic relationship between the three genera of the Pterygotidae we conceive as shown in the genealogical tree. An unknown series of forms branched off from the prototype in Cambric time and led in late Lower Siluric time to Hughmilleria. From this was developed on one side Pterygotus proper which again produced the subgenus Erettopterus with bilobed telson, and on the other side Slimonia, which retained the small chelicerae but specialized in developing the second pair of appendages for a tactile function, in the greater development of the opercular or genital appendage, the peculiar exaggerated spinosity of the other endognathites, the lobed and lanceolate telson and other features. Slimonia, represented by but a single species, has all the features of a local and aberrant type.

The Eurypteridae are represented by the far larger stock. Strabops points the course the development of that stock took from the prototype through the Lower Siluric. From the latter era we have only the endognathites on which the genera Echinognathus and Megalograptus are based. These clearly represent another aberrant branch which, judging from the character of the multispinous endognathite, ends here, is independent or may lead to Stylonurus (Ctenopterus).


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(b) Subsections (g), (h), and (i) of such section are redesignated as ^^ ^^^^-^^^'^ subsections (i), (j), and (k), respectively, and the following new subsections (g) and (h) are inserted before subsection (i) as redesignated by this subsection: " (g) DISCRETIONARY APPOINTMENTS.—Any person subject to revocation of parole, in custody as a material witness, or seeking relief under section 2241, 2254, or 2255 of title 28 or section 4245 of title 18 may be ^^2 Stat. 964; furnished representation pursuant to the plan whenever the United go stat'. 311'. iios. States magistrate or the court determines that the interests of justice 63 Stat. 687. so require and such person is financially unable to obtain representation. Payment for such representation may be as provided in subsections (d) and (e). "(h)

DEFENDER ORGANIZATION.—

"(1) QUALIFICATIONS.—A district or a part of a district in which at least two hundred persons annually require the appointment of counsel may establish a defender organization as provided for either under subparagraphs (A) or (B) of paragraph (2) of this subsection or both. Two adjacent districts or parts of districts may aggregate the number of persons re(j[uired to be represented to establish eligibility for a defender organization to serve both areas. In the event that adjacent districts or parts of districts are located in different circuits, the plan for furnishing representation shall be approved by the judicial council of each circuit. "(2)

TYPES or DEFENDER ORGANIZATIONS.— FEDERAL PUBLIC DEFENDER ORGANIZATION.—A

"(A) Federal Public Defender Organization shall consist of one or more full-time salaried attorneys. An organization for a district or part of a district or two adjacent districts or parts of districts shall be supervised by a Federal Public Defender appointed by the judicial council of the circuit, without regard to the provisions of title 5 governing appointments in the competitive service, after considering recommendations from the district court or courts to be served. Nothing containeid herein shall be deemed to authorize more than one Federal Public Defender within a single judicial district. The Federal Public Defender shall be appointed for a term of four years, unless sooner removed by the ju!dicial council of the circuit for incompetency, misconduct in office, or neglect of duty. The compensation of the Federal Public Defender shall be fixed by the judicial council of the circuit at a rate not to exceed the compensation received by the United States attorney for the district where representation is furnished or, if two districts or parts of districts are involved, the compensation of the higher paid United States attorney of the districts. The Federal Public Defender may appoint, without regard to the provisions of title 5 governing appointments in the competitive service, full-time attorneys in such number as may be approved by the Judicial Council of the Circuit and other personnel in such number as may be approved by the Director of the Administrative Office of the United States Courts. Compensation paid to such attorneys and other personnel of the organization shall be fixed by the Federal Public Defender at a rate not to exceed that paid to attorneys and other personnel of similar qualifications and experience in the Office of the United States attorney in the district where representation is furnished or, if two districts or parts of districts are involved, the higher compensation aid to persons of similar c[ualifications and experience in the districts, either the Federal Public Defender nor any attorney so appointed by him may engage in the private practice of law. Each organization shall submit to the Director of the Administrative Office of the United States Courts, at the time and in the form prescribed by him, reports of its activities and financial position and its proposed budget. The Director of the Administrative Office shall submit, similarly as under

S

47-348 O - 72 - 62 (Pt. 1)

so Stat. 378. 5 USC 101 "" et seq.

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 920 62 Stat. 915; 70 Stat. 1026; 75 Stat. 5 2 1.

PUBLIC LAW 91-448-OCT. 14, 1970

STAT.

title 28, United States Code, section (505, and subject to the conditions of that section, a budget for each organization for each fiscal year and shall out of the appropriations therefor make payments to and on behalf of each organization. Payments under this subparagraph to an organization shall be in lieu of payments under subsection (d) or (e). "(B)

Effective data

[84

GoMMUNrrY

DEFENDER

ORGANIZATION.—A

Community

Defender Organization shall be a nonprofit defense counsel service established and administered by any group authorized by the plan to provide representation. The organization shall be eligible to furnish attorneys and receive payments under this section if its bylaws are set forth in the plan of the district or districts in which it will serve. Each organization shall submit to the Judicial (Conference of the United States an annual report setting forth its activities and financial position and the anticipated caseload and expenses for the coming year. Upon application an organization may, to the extent approved by the Judicial Conference of the United States: " (i) receive an initial grant for expenses necessary to establish the organization; and "(ii) in lieu of payments under subsection (d) or (e), receive periodic sustaining grants to provide representation and other expenses pursuant to this section." (c) A new subsection (1) is added as follows: "(1) APPLICABILITT I N THE DISTRICT OF COLUMBIA.—The provisions of this Act, other than subsection (h) of section 1, shall be applicable in the District of Columbia. The plan of the District of Columbia shall be approved jointly by the Judicial Council of the District of Columbia Circuit and the District of Columbia Court of Appeals." SEC. 2. A United States commissioner for a district may exercise any power, function, or duty authorized to be performed by a United States magistrate under the amendments made by section 1 of this Act if such commissioner had authority to perform such power, function, or duty prior to the enactment of such amendments. SEC. 3. The amendments made by section 1 of this Act shall become effective one hundred and twenty days after the date of enactment. Approved October 14, 1970.

Public Law 91-448 October 14, 1970 [H. R. 14485]

U.S. postage meter stamps. Counterfeiting, prohibition. 62 Stat. 713; Ante, p. 777.

AN ACT To amend sections 501 and 504 of title 18, United States Code, so as to strengthen the law relating to the counterfeiting of postage meter stamps or other improper uses of the metered mail system. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) notwithstanding the amendment made to section 501 of title 18, United States Code, such section is amended to read as follows: "Whoever forges or counterfeits any postage stamp, postage meter stamp, or any stamp printed upon any stamped envelope, or postal card, or any die, plate, or engraving thereof; or "Whoever makes or prints, or knowingly uses or sells, or possesses with intent to use or sell, any such forged or counterfeited postage stamp, postage meter stamp, stamped envelope, postal card, die, plate, or engraving; or
 * ^§ 501. Postage stamps, postage meter stamps, and postal cards

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921

"Whoever makes, or knowingly uses or sells, or possesses with intent to use or sell, any paper bearing the watermark of any stamped envelope, or postal card, or any fraudulent imitation thereof; or "Whoever makes or prints, or authorizes to be made or printed, any postage stamp, postage meter stamp, stamped envelope, or postal card, of the kind authorized and provided by the Post Office Department or by the Postal Service, without the special authority and direction of the Department or Postal Service; or "Whoever after such postage stamp, postage meter stamp, stamped envelope, or postal card has been printed, with intent to defraud, delivers the same to any person not authorized by an instrument in writing, duly executed under the hand of the Postmaster General and the seal of the Post Office Department or the Postal Service, to receive it— "Shall be fined not more than $500 or imprisoned not more than five Penalty, years, or both." (b) Section 6(j)(6) of the Postal Reorganization Act is repealed. Repeal. SEC. 2. Section 504 of title 18, United States Code, is amended by ttJ^'^K'^^: adding at the end thereof the following: ductions. "For the purposes of this section the term 'postage stamp' includes 82^818*^2407'' postage meter stamps." Approved October 14, 1970.

Public Law 91-449 AN ACT

October 14, 1970

To implement the Convention on Offenses and Certain Other Acts Committed on Board Aircraft, and for other purposes.

[s.2i76]

Be a enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That— (1) A new subsection (32) be inserted in section 101 of the Federal Aviation Act of 1958 (49 U.S.C. 1301) as follows: "(32) The term 'special aircraft jurisdiction of the United States' includes the following aircraft while in flight— " (a) civil aircraft of the United States; " (b) aircraft of the national defense forces of the United States; and "(c) any other aircraft— "(i) within the United States, or ii) United.. ."(iij outside the..... States which has its next sched.. uled destination or last point of departure in the United States provided that in either case it next actually lands in the United States. For the purpose of this definition, an aircraft is considered to be in flight from the moment when power is applied for the purpose of takeoff until the moment when the landing run ends." (2) Existing subsections (32), (33), (34), and (35) are renumbered (33), (34), (35), and (36), respectively. (3) Subsections 902(i), (j), and (k) of such Act (49 U.S.C. 1472 (i), (j), and (k)) are amended by deleting the words "in flight in air commerce" wherever they appear in those subsections and substituting therefor the words "within the special aircraft jurisdiction of the United States." Approved October 14, 1970.

Federal Aviation ^''^ °^ ^^^f' "T2 sra't?7 37;; 76 Stat. 143. craft^ti^isdic""on of the united ^*^**^-"

82 Stat. 867. 75 Stat. 466..

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[84 STAT.

Public Law 91-450 October 14, 1970 [S.4235]

U.S. District Court for the District of Puerto Rico. Jurisdiction.

AN ACT T(i continue the jurisdiction of the United States District Court for the District of Puerto Rico over certain cases pending in that court on June 2, 1970.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 13 of the Act entitled "An Act to provide for the appointment of additional district judges, and for other purposes", approved June % 1970 (Public Law 91-272; 84 Stat. 294), is amended by striking out the period at the end thereof and inserting in lieu thereof the following: "; however, nothing in this section shall impair the jurisdiction of the United States District Court for the District of Puerto Rico to hear and determine any action or matter begun in the court on or before June 2, 1970.". Approved October 14, 1970.

Public Law 91-451 October 14, 1970 [H. R. 12943]

Jellyfish control. Appropriation.

80 Stat. 1149.

AN ACT To amend section 3 of the Act of November 2, 1966, to extend for three years the authority to make appropriations to carry out such Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 3 of the Act entitled "An Act to provide for the control or elimination of jellyfish and other such pests in the coastal waters of the United States, and for other purposes", approved November 2, 1966 (16 U.S.C. 1203), is amended by striking out "for the fiscal year ending June 30, 1970" and inserting in lieu thereof "for the period beginning July 1, 1969, and ending June 30, 1973". Approved October 14, 1970.

Public Law 91-452 October 15, 1970 [S. 30]

AN ACT Relating to the control of organized crime in the United States.

Organized Crime ]^Q if enoctcd by the Senate and House of Representatives of the 1^970^°^ '^"^ °^ United States of America in Congress assembled, That this Act may be cited as the "Organized Crime Control Act of 1970." STAITIMENT OF F I N D I N G S

AND

PURPOSE

The (Congress finds that (1) organized crime in the United States is a highly sophisticated, diversified, and widespread activity that annually drains billions of dollars from America's economy by unlawful conduct and the illegal use of force, fraud, and corruption; (2) organized crime derives a major portion of its power through money

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923

obtained from such illegal endeavors as syndicated gambling, loan sharking, the theft and fencing of property, the importation and distribution of narcotics and other dangerous drugs, and other forms of social exploitation; (3) this money and power are increasingly used to infiltrate and corrupt legitimate business and labor unions and to subvert and corrupt our democratic processes; (4) organized crime activities in the United States weaken the stability of the Nation's economic system, harm innocent investors and competing organizations, interfere with free competition, seriously burden interstate and foreign commerce, threaten the domestic security, and undermine the general welfare of the Nation and its citizens; and (5) organized crime continues to grow because of defects in the evidencegathering process of the law inhibiting the development of the legally admissible evidence necessary to bring criminal and other sanctions or remedies to bear on the unlawful activities of those engaged in organized crime and because the sanctions and remedies available to the Government are unnecessarily limited in scope and impact. I t is the purpose of this Act to seek the eradication of organized crime in the United States by strengthening the legal toials in the evidence-gathering process, by establishing new penal prohibitions, and by providing enhanced sanctions and new remedies to deal with the unlawful activities of those engaged in organized crime. TITLE I — S P E C I A L GRAND J U R Y SEC. 101. (a) Title 18, United States Code, is amended by adding immediately after chapter 215 the following new chapter: "Chapter 216.—SPECIAL GRAND JURY "Sec.

"3331. "3332. "3333. "3334.

Summoning and term. Powers and duties. Reports. General provisions.

"§ 3331. Summoning and term " (a) I n addition to such other grand juries as shall be called from time to time, each district court which is located in a judicial district containing more than four million inhabitants or in which the Attorney General, the Deputy Attorney General, or any designated Assistant Attornej^ General, certifies in writing to the chief judge of the district that in his judgment a special grand jury is necessary because of criminal activity in the district shall order a special grand jury to be summoned at least once in each period of eighteen months unless another special grand jury is then serving. The grand jury shall serve for a term of eighteen months unless an order for its discharge is

^^ ^^^' ^^^"^

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PUBLIC LAW 91-452-OCT. 15, 1970

[84 STAT.

entered earlier by the court upon a determination of the grand jury by majority vote that its business has been completed. If, at the end of such term or any extension thereof, the district court determines the business of the grand jury has not been completed, the court may enter an order extending such term for an additional period of six months. No special grand jury term so extended shall exceed thirty-six months, except as provided in subsection (e) of section 3333 of this chapter. "(b) If a district court within any judicial circuit fails to extend the term of a special grand jury or enters an order for the discharge of such grand jury before such grand jury determines that it has completed its business, the grand jury, upon the affirmative vote of a majority of its members, may apply to the chief judge of the circuit for an order for the continuance of the term of the grand jury. Upon the making of such an application by the grand jury, the term thereof shall continue until the entry upon such application by the chief judge of the circuit of an appropriate order. No special grand jury term so extended shall exceed thirty-six months, except as provided in subsection (e) of section 3333 of this chapter.

filin^'^iLbiic recofd?^ ^" '^

"§ 3332. Powers and duties " (a) I t shall be the duty of each such grand jury impaneled within any judicial district to inquire into offenses against the criminal laws of the United States alleged to have been committed within that district. Such alleged offenses may be brought to the attention of the grand jury by the court or by any attorney appearing on behalf of the United States for the presentation of evidence. Any such attorney receiving information concerning such an alleged offense from any other person shall, if requested by such other person, inform the grand jury of such alleged offense, the identity of such other person, and such attorney's action or recommendation. " (b) Whenever the district court determines that the volume of business of the special grand jury exceeds the capacity of the grand jury to discharge its obligations, the district court may order an additional special grand jury for that district to be impaneled. "§ 3333. Reports " (a) A special grand jury impaneled by any district court, with the concurrence of a majority of its members, may, upon completion of its original term, or each extension thereof, submit to the court a report— "(1) concerning noncriminal misconduct, malfeasance, or misfeasance in office involving organized criminal activity by an appointed public officer or employee as the basis for a recommendation of removal or disciplinary action; or "(2) regarding organized crime conditions in the district. "('-*^ ^^ court to which such report is submitted shall examine it and the minutes of the special grand jury and, except as otherwise provided in subsections (c) and (d) of this section, shall make an order accepting and filing such report as a public record only if the court is satisfied that it complies with the provisions of subsection (a) of this section and that— "(1) the report is based upon facts revealed in the course of an investigation authorized by subsection (a) of section 3332 and is supported by the preponderance of the evidence; and "(2) when the report is submitted pursuant to paragraph (1) of subsection (a) of this section, each person named therein and any reasonable number of witnesses in his behalf as designated by him to the foreman of the grand jury were afforded an opportu-

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PUBLIC LAW 91-452-OCT. 15, 1970

nity to testify before the grand jury prior to the filing of such report, and when the report is submitted pursuant to paragraph (2) of subsection (a) of this section, it is not critical of an identified person. "(c)(1) A n order accepting a report pursuant to paragraph (1) of subsection (a) of this section and the report shall be sealed by the court and shall not be filed as a public record or be subject to subpena or otherwise made public (i) until at least thirty-one days after a copy of the order and report are served upon each public officer or employee named therein and an answer has been filed or the time for filing an answer has expired, or (ii) if an appeal is taken, until all rights of review of the public officer or employee named therein have expired or terminated in an order accepting the report. No order accepting a report pursuant to paragraph (1) of subsection (a) of this section shall be entered until thirty days after the delivery of such report to the public officer or body pursuant to paragraph (3) of subsection (c) of this section. The court may issue such orders as it shall deem appropriate to prevent unauthorized publication of a report. Unauthorized publication may be punished as contempt of the court. " (2) Such public officer or employee may file with the clerk a verified answer to such a report not later than twenty days after service of the order and report upon him. Upon a showing of good cause, the court may grant such public officer or employee an extension of time within which to file such answer and may authorize such limited publication of the report as may be necessary to prepare such answer. Such an answer shall plainly and concisely state the facts and law constituting the defense of the public officer or employee to the charges in said report, and, except for those parts thereof which the court determines to have been inserted scandalously, pre judiciously, or unnecessarily, such answer shall become an appendix to the report. "(3) Upon the expiration of the time set forth in paragraph (1) of subsection (c) of this section, the United States attorney shall deliver a true copy of such report, and the appendix, if any, for appropriate action to each public officer or body having jurisdiction, responsibility, or authority over each public officer or employee named in the report. " (d) Upon the submission of a report pursuant to subsection (a) ox this section, if the court finds that the filing of such report as a public record may prejudice fair consideration of a pending criminal matter, it shall order such report sealed and such report shall not be subject to subpena or public inspection during the pendency of such criminal matter, except upon order of the court. "(e) Whenever the court to which a report is submitted pursuant to paragraph (1) of subsection (a) of this section is not satisfied that the report complies with the provisions of subsection (b) of this section, it may direct that additional testimony be taken before the same grand jury, or it shall make an order sealing such report, and it shall not be filed as a public record or be subject to subpena or otherwise made public until the provisions of subsection (b) of this section are met. A special grand jury term may be extended by the district court beyond thirty-six months in order that such additional testimony may be taken or the provisions of subsection (b) of this section may bo met. " (f) As used in this section, 'public officer or employee' means any officer or employee of the United States, any State, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, or any political subdivision, or any department, agency, or instrumentality thereof.

925

to^ UMIC o'ffi'J.-rs

Answer, filing,

Additional ^^ ^"'°'^y-

juf^^erm, e^xt"lsi on, „/l^"'jJ,^^„°"i'""" or employee. "' "•-"'""'"" "

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II use 332^" 18 USC app.'

PUBLIC LAW 91-452-OCT. 15, 1970

"§ 3334. General provisions '"^^^ provisions of chapter 215, title 18, United States Code, and the Federal Rules of Criminal Procedure applicable to regular grand juries shall apply to special grand juries to the extent not inconsistent with sections 3331, 3332, or 3333 of this chapter." (b) The part analysis of part II, title 18, United States Code, is amended by adding immediately after "215. Grand Jury

71 Stat. 595.

[84 STAT.

3321"

the following new item: "216. Special Grand Jury _ 3331." SEC. 102. (a) Subsection (a), section 3500, chapter 223, title 18, United States Code, is amended by striking "to an agent of the Government" following "the defendant". (b) Subsection (d), section 3500, chapter 223, title 18, United States Code, is amended by striking "paragraph" following "the court under" and inserting in lieu thereof "subsection". (c) Paragraph (1), subsection (e), section 3500, chapter 223, title 18, United States Code, is amended by striking the "or" following the semicolon. (d) Paragraph (2), subsection (e), section 3500, chapter 223, title 18, United States Code, is amended by striking "to an agent of the Government" after "said witness" and by striking the period at the end thereof and inserting in lieu thereof: "; or (3) a statement, however taken or recorded, or a transcription thereof, if any, made by said witness to a grand jury.". TITLE II—GENERAL IMMUNITY

18 USC ^^^i

SEC. 201. (a) Title 18, United States Code, is amended by adding immediately after part IV the following new part: "PART V.—IMMUNITY or WITNESSES ''Sec. ^'6001. "6002. •'6003. "6004. "600.5.

80 Stat. 378, ^

948

Post, p. 930.

Definitions. Immunity generally, Court and grand jury proceedings. Certain administrative proceedings. Congressional proceedings.

"§ 6001. Definitions "As used in this part— " (1) 'agency of the United States' means any executive departmeut as defined in section 101 of title 5, United States Code, a military department as defined in section 102 of title 5, United States Code, the Atomic Energy Commission, the China Trade Act registrar appointed under 53 Stat. 1432 (15 U.S.C. sec. 143), the Civil Aeronautics Board, the Federal Communications Commission, the Federal Deposit Insurance Corporation, the Federal Maritime Commission, the Federal Power Commission, the Federal Trade Commission, the Interstate Commerce Commission, the National Labor Relations Board, the National Transportation Safety Board, the Railroad Retirement Board, an arbitration board established under 48 Stat. 1193 (45 U.S.C. sec. 157), the Securities and Exchange Commission, the Subversive Activities Control Board, or a board established under 49 Stat. 31 (15 U.S.C. sec. 7 l 5 d); "(2) 'other information' includes any book, paper, document, record, recording, or other material; "(3) 'proceeding before an agency of the United States' means any proceeding before such an agency with respect to which it is

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authorized to issue subpenas and to take testimony or receive other information from witnesses under oath; and "(4) 'court of the United States' means any of the following courts: the Supreme Court of the United States, a United States court of appeals, a United States district court established under chapter 5, title 28, United States Code, the District of Columbia 6 2 Stat. 872; Court of Appeals, the Superior Court of the District of Colum- ^"^tifscVu bia, the District Court of Guam, the District Court of the Virgin Islands, the United States Court of Claims, the United States Court of Customs and Patent Appeals, the Tax Court of the United States, the Customs Court, and the Court of Military Appeals. "§ 6002. Immunity generally "Whenever a witness refuses, on the basis of his privilege against self-incrimination, to testify or provide other information in a proceeding before or ancillary to— " (1) a court or grand jury of the United States, " (2) an agency of the United States, or "(3) either House of Congress, a joint committee of the two Houses, or a committee or a subcommittee of either House, and the person presiding over the proceeding communicates to the witness an order issued under this part, the witness may not refuse to comply with the order on the basis of his privilege against selfincrimination; but no testimony or other information compelled under the order (or any information directly or indirectly derived from such testimony or other information) may be used against the witness in any criminal case, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with the order. "§ 6003. Court and grand jury proceedings " (a) In the case of any individual who has been or may be called to testify or provide other information at any proceeding before or ancillary to a court of the United States or a grand jury or the United States, the United States district court for the judicial district in which the proceeding is or may be held shall issue, in accordance with subsection (b) of this section, upon the request of the United States attorney for such district, an order requiring such individual to give testimony or provide other information which he refuses to give or provide on the basis of his privilege against self-incrimination, such order to become effective as provided in section 6002 of this part. "(b) A United States attorney may, with the approval of the Attorney General, the Deputy Attorney General, or any designated Assistant Attorney General, request an order under subsection (a) of this section when in his judgment— "(1) the testimony or other information from such individual may be necessary to the public interest; and " (2) such individual has refused or is likely to refuse to testify or provide other information on the basis of his privilege against self-incrimination. " (a) I n the case of any individual who has been or who may be called to testify or provide other information at any proceeding before an agency of the United States, the agency may, with the approval of the Attorney General, issue, in accordance with subsection (b) of this section, an order requiring the individual to give testimony or provide other information which ne refuses to give or provide on the basis of his privilege against self-incrimination, such order to become effective as provided in section 6002 of this part.
 * '§ 6004. Certain administrative proceedings

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