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PUBLIC LAW 90-207-DEC. 16, 1967

STAT.]

649

Public Law 90-207 AN ACT

December 16, 1967

To increase the basic pay for members of the uniformed services, and for other purposes.

[H. R. lasio]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That title 37, United ic^s"f °''"^'^ ^^'^' States Code, is amended as follows: salary increase. (1) Section 203(a) is amended to read as follows: ^° ^'^'- ^^e. " (a) The rates of monthly basic pay for members of the uniformed services within each pay grade are set forth in the following tables: "COMMISSIONED OFFICERS Years of service computed under section 205 "Pay gradi 2 or less O-lOi 0-9 0-8. 0-7 0-6 0-5 Q-A 0-3 2 0-2 2 0-12

._.

$1,503.90 1,332.90 1,207.20 1,002.90 743.10 594.30 501.60 466.20 373.50 321.00

Over 2 $1,557.00 1,367.70 1,243. 50 1,071.60 816.90 698.40 610.20 520.80 443.70 355.20

Over 3

Over 4

Over 6

$1,557.00 1,397.40 1,272.90 1,071.60 870.30 746.10 651.30 556.20 532.80 443.70

$1,557.00 1,397.40 1,272.90 1,071.60 870.30 746.10 651.30 615.90 550. 50 443. 70

$1,557.00 1,397.40 1,272.90 1,119.30 870.30 746.10 663. 00 645.30 562.20 443.70

Years of service,' computed under section 205 Over 8 0-101 0-9 0-8 0-7 0-6 0-5 0-4 0-32 0-22 0-12

Over 10

Over 12

Over 14

Over 16

$1,616.40 1,432.50 1,367.70 1,119.30 870.30 746.10 692.70 668.70 562.20 443.70

$1,616.40 1,432. 50 1,367.70 1,184.10 870. 30 769. 50 739. 80 704.70 562.20 443.70

$1,740.60 1,491.90 1,432.50 1,184.10 870. 30 810.60 781.20 739. 80 562.20 443.70

$1,740.60 1,491.90 1,432. 50 1,243.50 900. 00 864.60 816.90 757.80 562.20 443.70

$1,865.10 1,616.40 1,491.90 1,367.70 1,041.90 929. 40 852.60 757.80 562.20 443.70

Years of service computed under section 205 Over 18

ittim

0-101

0-22 0-12

Over 20

Over 22

Over 26

Over 30

$1,865.10 1,616.40 1,557.00 1,462.20 1,095.30 982.80 876.30 757.80 562.20 443.70

$1,989.30 1,740.60 1,616.40 1,462.20 1,119.30 1,012.20 876.30 757. 80 562.20 443.70

$1,989.30 1,740.60 1,681.50 1,462.20 1,184.10 1,047.90 876.30 757.80 562.20 443.70

$2,113.80 1,865.10 1,681.50 1,462.20 1,284.60 1,047.90 876.30 757.80 562.20 443.70

$2,113.80 1,865.10 1,681.50 1,462.20 1,284.60 1,047.90 876. 30 757. 80 562.20 443. 70

"' While serving as Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, or Commandant of the Marine Corps, basic pay for this grade is $2,332.20 regardless of cumulative years of service computed under sec. 205 of this title. "2 Does not apply to commissioned officers who have been credited with over 4 years' active service as enlisted members.

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 PUBLIC LAW 90-207-DEC. 16, 1967

650

[81 STAT.

'COMMISSIONED OFFICERS WHO HAVE BEEN CREDITED WITH OVER 4 YEARS' ACTIVE SERVICE AS ENLISTED MEMBERS

Years of service computed under section 205 'Pay grade

Over 4

Overs

Over 10

Over 12

$615.90 550.50 443.70

0-3 0-2 0-1

Overs $645.30 562.20 473.70

$668.70 580.20 491.40

$704.70 610.20 509.10

$739.80 633.60 526.80

Over 14 $769.50 651.30 550.50

Years of service computed under section 205

"Pay grade Over 16 0-3 0-2 0-1

$769.50 651.30 550.50

Over 18 $769.50 651.30 550.50

Over 20

Over 22

Over 30

$769.50 651.30 550.50

$769.50 651.30 550.50

Over 26 $769.50 651.30 550.50

$769.50 651.30 550.50

"WARRANT OFFICERS

Years of service computed under section 205 "Pay grade 2 or less

W-3 W-2 W-1

Over 4

Over 6

Over 8

Over 10

$474.60

-

Over 3

$509.10

431.40 377.70 315.00

W-4

Over 2

468.00 408.60 361.20

$509.10 468.00 408.60 361.20

$520.80 473.70 420.30 390.90

$544.50 479.70 443.70 408.60

$568.20 514.80 468. 00 426. 30

$591.90 544. 50 485. 70 443.70

Years of service computed under section 205 "Pay grade

Over 12

Over 16

Over 18

Over 20

Over 22

Over 26

Over 30

$633.60 562.20 503.10 462.00

W-4 W-3 W-2 W-1

Over 14 $663. 00 580.20 520. 80 479.70

$686.70 597.60 538.80 497.40

$704.70 615.90 556.20 514. 80

$728.10 639.60 573.90 532.80

$752.10 663. 00 597.60 532.80

$810.60 686. 70 597.60 532. 80

$810.60 686.70 597.60 532.80

"ENLISTED MEMBERS

Years of service computed under section 205 rdj

2 or less

E-7 E-6 E-5 E-4 E-3 E-2 E-1 E-1 (under 4 months)..

$284.40 245.10 211.50 177.90 128.70 106.20 102.30 95.70

Over 2

$340.80 297.60 260.70 223.20 179.70 148.80 136.20

Over 3

$353.40 309.90 273.00 235. 50 192.30 148.80 136.20

Over 4

$366.00 322.50 285.00 254.10 204.60 148.80 136.20

Over 6

Overs

Over 10

$378.30 335.10 303.90 266.70 204.60 148.80 136.20

$452.40 390.30 347.10 316.20 266.70 204.60 148.80 136.20

$539.10 465.00 402.60 359.70 328.50 266.70 204.60 148.80 136.20

Years of service computed under section 205

"Pay grade Over 12 E-9' E-8 E-7 E-6 E-5 E-4 E-3 E-2

E-1

Over 14

Over 16

Over 18

Over 20

Over 22

Over 26

Over 30

$551.40 477.30 415.50 378.30 340. 80 266.70 204.60 148.80 136.20

$564.30 489.90 434.10 390.30 347.10 266.70 204.60 148. 80 136.20

$576.60 502.20 446.40 402.60 347.10 266.70 204.60 148. 80 136.20

$589.20 514.50 458.70 409. 20 347.10 266.70 204.60 148. 80 136.20

$601.20 527.10 465. 00 409. 20 347.10 266.70 204.60 148. 80 136.20

$632.70 558.30 496.20 409.20 347.10 266.70 204.60 148. 80 136.20

$694.20 620.10 558. 30 409.20 347.10 266.70 204.60 148. 80 136.20

$694.20 620.10 558. 30 409. 20 347.10 266.70 204.60 148.80 136. 20

"1 While serving as Sergeant Major of the Army, Senior Enlisted Advisor of the Navy, Chief Master Sergeant of the Air Force, or Sergeant Major of the Marine Corps, basic pay for this grade Is $844.20 regardless of cumulative years of service computed under section 205 of this title. "

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 81 STAT.]

PUBLIC LAW 90-207-DEC. 16, 1967

(2) Chapter 5 is amended as folloAA's: (A) By adding the following new section: "§311. Special pay: continuation pay for physicians and dentists who extend their service on active duty " (a) Under regulations to be prescribed by the Secretary of Defense or by the Secretary of Health, Education, and Welfare, as appropriate, an officer of the Army or Navy in the Medical or Dental Corps, an officer of the Air Force '^'ho is designated as a medical officer or dental officer, or a medical or dental officer of the Public Health Service who— "(1) is serving on active duty in a critical specialty designated by the Secretary; "(2) has completed any other definitive active duty obligation that he has under law or regulation; and "(3) executes a written agreement to remain on active duty for at least one additional year; may be paid not more than four months basic pay at the rate applicable to him when he executes that agreement for each additional year that he agrees to remain on active duty. Pay under this sectioji shall be paid in equal annual or semiannual installments, as determined by the Secretary of Defense or the Secretary of Health, Education, and Welfare, as appropriate, in each additional year covered by an agreement to remain on active duty. However, in meritorious cases, the pay may be( paid in fewer installments if the Secretary determines it to be in. the best interest of the officer. "(b) An officer who does not serve on active duty for the entire period for which he was paid under this section shall refund that percentage of the payrnent that the unserved part of the period is of the total period for which the payment was made. "(c) The Secretary of Defense and the Secretary of Health, Education, and Welfare shall submit separate written reports each year to the Committees on Armed Services of the Senate and House of Representatives regarding the operation of the special pay program authorized by subsection (a) of this section and, whenever such special pay program is to be continued in operation, such report shall include the justification for continuing such program. Reports under this section shall be made on a calendar year basis, beginning with the calendar year 1968, and the reports for any calendar j'^ear shall be submitted not later than April 1 of the succeeding calendar year." (B) By inserting the following item in the analysis:

651 76 Stat. 4 6 1; 77 Stat. 216. 37 USC 3 0 1 310.

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

"311. Special pay: continuation pay for physicians and dentists who extend their service on active duty."

(3) Section 403(f) is amended to read as follows: " (f) A member of a uniformed service without dependents who is in pay grade E - 4 (four or more years' service), or above, is entitled to a basic allowance for quarters while he is in a travel or leave status between permanent duty stations, including time granted as delay en route or proceed time, when he is not assigned to quarters of the United States." (4) Section 407(a) is amended to read as follows: " (a) Except as provided by subsections (b) and (c) of this section, under regulations prescribed by the Secretary concerned, a member of a uniformed service— "(1) whose dependents make an authorized move in connection with his change of permanent station; "(2) whose dependents are covered by section 405a(a) of this title; or

B a s i c allowance for q u a r t e r s. 76 Stat. 4 7 1.

Dislocation allowance.

79 Stat. 116; 80 Stat. 8 5 1.

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PUBLIC LAW 90-207-DEC. 16, 1967

[81 STAT.

"(3) without dependents, who is transferred to a permanent station where he is not assigned to quarters of the United States; is entitled to a dislocation allowance equal to his basic allowance for quarters for one month as provided for a member of his pay grade 80^stat^\'iY2°' ^^^ dependency status in section 403 of this title. For the purposes of this subsection, a member whose dependents may not make an authorized move in connection with a change of permanent station is considered a member without dependents." juftmeml^^ ^" ^^- ^- (^) Title 10, United States Code, is amended as follows: 77 Stat.'213. (1) The text of section 1401a of title 10, United States Code, is amended to read as follows: " (a) Unless otherwise specifically provided by law, the retired pay or retainer pay of a member or former member of an armed force may not be recomputed to reflect any increase in the rates of basic pay for members of the armed forces. In this section, 'Index' means the Consumer Price Index (all items, United States city average) published by the Bureau of Labor Statistics. Consumer Price u/|^\ rpj^^ Secretary of Defense shall determine monthly the percent Index, determma-

,

tion of increase,

by which the Hidex lias increased over that used as the basis (base index) for the most recent adjustment of retired pay and retainer pay under this subsection. If the Secretary determines that, for three consecutive months, the amount of the increase is at least 3 percent over the base index, the retired pay and retainer pay of members and former members of the armed forces who became entitled to that pay before the first day of the third calendar month beginning after the end of those three months shall, except as provided in subsection (c), be increased, effective on that day, by the highest percent of increase in the index during those months, adjusted to the nearest one-tenth of 1 percent. "(c) Notwithstanding subsection (b), if a member or former member of an armed force becomes entitled to retired pay or retainer pay based on rates of monthly basic pay prescribed by section 203 of title ^'^ ^^^^ became effective after the last day of the month of the base index, his retired pay or retainer pay shall be increased on the effective date of the next adjustment of retired pay and retainer pay under subsection (b) only by the percent (adjusted to the nearest one-tenth of 1 percent) that the new base index exceeds the index for the calendar month immediately before that in which the rates of monthly basic pay on which his retired pay or retainer pay is based became effective. "(d) If a member or former member of an armed force becomes entitled to retired pay or retainer pay on or after the effective date of an adjustment 01 retired pay and retainer pay under subsection (b) but before the effective date of the next increase in the rates of monthly basic pay prescribed by section 203 of title 37, his retired pay or retainer pay shall be increased, effective on the date he becomes entitled to that pay, by the percent (adjusted to the nearest one-tenth of 1 percent) that the base index exceeds the index for the calendar month immediately before that in which the rates of monthly basic pay on which his retired pay or retainer pay is based became effective. "(e) Notwithstanding subsections (c) and (d), the adjusted retired pay or retainer pay of a member or former member of an armed force retired on or after October 1, 1967, may not be less than it would have been had he become entitled to retired pay or retainer pay based on the same pay grade, years of service for pay, years of service for retired or retainer pay purposes, and percent of disability, if any, on the day before the effective date of the rates of monthly basic pay on which his retired pay or retainer pay is based."

es'o"'^' ^^' ^^^'

i - i i i - i

^

•

-i

i

i

^

^

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 81 STAT.]

PUBLIC LAW 9 0 - 2 0 7 - D E C. 16, 1967

(2) Section 1402 is amended— ^ (A) by inserting "increased by any applicable adjustments in that pay under section 1401a of this title after he initially became entitled to that pay," after "retired," in subsection (d); and (B) by adding the following subsection: "(e) Notwithstanding subsection (a), a member covered by that subsection may elect, upon his release from active duty, to have his retired pay or retainer pay— "(1) computed according to the formula set forth in subsection (a) but using the rate of basic pay under which his retired pay or retainer pay was computed when he entered on active duty; and " (2) increased by any applicable adjustments in that pa^ under section 1401a of this title after he initially became entitled to that pay." (3) The first sentence of section 1436(a) is amended by inserting "but without regard to any increase in that pay to reflect changes in the Consumer Price Index" after "that pay and before the period. (b) Notwithstanding section 1401a (d) of title 10, United States Code, a person who is a member or former member of an armed force on the date of enactment of this Act and who initially became, or hereafter initially becomes, entitled to retired pay or retainer pay after November 30, 1966, but before the effective date of the next increase after July 1, 1966, in the rates of monthly basic pay prescribed by section 203 of title 37, United States Code, is entitled to have his retired pay or retainer pay increased by 3.7 percent, effective as of the date of his entitlement to that pay. SEC. 3. Title 10, United States Code, is amended as follows: (1) Section 1401 is amended by adding to footnote 4 of the table therein a sentence to read as follows: "For an enlisted person who has served as sergeant major of the Army, senior enlisted advisor of the Navy, chief master sergeant of the Air Force, or sergeant major of the Marine Corps, compute at the highest rate of basic pay applicable to him while he so served, if that rate is higher than the rate authorized by the table." (2) Section 3991 is amended by amending footnote 3 of the table therein to read as follows: "^ Compute at rates applicable on date of retirement, or if the member has served as sergeant major of the Army, compute at the highest basic pay applicable to him while he so served, if such basic pay is greater." (3) Clause (2) of section 6326(c) is amended to read as follows: "(2) unless otherwise entitled to higher pay, is entitled to retired pay at the rate of 75 percent of the basic pay of the pay grade in which he was serving on the day before retirement, or if he has served as senior enlisted advisor of the Navy or as sergeant major of the Marine Corps, he shall be entitled to retired pay at the raite of 75 percent of the highest basic pay to which he was entitled while so serving, if that rate is higher." (4) The first sentence of section 6330(c) is amended to read as follows: "Each member who is transferred to the Fleet Reserve or the Fleet Marine Corps Reserve under this section is entitled when not on active duty, to retainer pay at the rate of 2i/^ percent of the basic pay that he received at the time of transfer multiplied by the number of years of active service in the armed forces, except that in the case of a member who has served as senior enlisted advisor of the Navy or sergeant major of the Marine Corps, retainer pay shall be computed on the basis of the highest basic pay to which he was entitled while so serving, if that basic pay is higher than the basic pay received at the time of transfer."

653

recompufaffon'. 70A Stat. 107. 77 Stat. 214.

ys^st^tfsi'i. ^ '

'^"'^' ^' ^^^'

gg^^"^^' PP- ^^^' mfstTon'edTffr" cers. ^^ Stat. 129.

^^^ ^*^'' ^^^"

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 PUBLIC LAW 90-207-DEC. 16, 1967

654 Retired p a y, computation. 70A Stat. 557.

76 Stat. 153, 496. 80 Stat. 1122.

(5) Section 8991 is amended by amending footnote 3 of the table therein to read as follows: "^ Compute at rates applicable on date of retirement, or if the member has served as chief master sergeant of the xVir Force, compute at the highest basic pay applicable to him while he so served, if such basic pay is greater." SEC. 4. Section 3 of the Dependents Assistance Act of 1950 (50 App. U.S.C. 2203) is amended to read as follows: "SEC. 3. For the duration of this Act, section 403(a) of title 3Y, United States Code, is amended by striking out that part of the table M-hich prescribes monthly basic allowances for quarters for enlisted members in pay grades E - 1, E - 2, E - 3, and E ^ (four years' or less service) and inserting in place thereof the following new table: Without dependents

" 'Pay grade

E-4 (4 years or less service) E-3...._ __ _ E-2 __ E-l_._

Retired pay, retroactive provision.

Effective date.

Uniformed services, periodic pay adjustments. Ante,

p. 625.

Ante,

p. 649.

[81 STAT

_ _

1 dependent

2 dependents

$60.00 60.00 60.00 60.00

$90.60 60.00 60.00 60.00

$90.60 90.60 90.60 90.60

3 or more dependents $105.00 105.00 105.00 105.00" ".

SEC. 5. Notwithstanding any other provision of law, a member of an armed force who is entitled to pay and allowances under any of the following provisions of law on September 30, 1967, shall contmue to receive the pay and allowances to which he was entitled on that day plus an increase of 4.5 per centum in the total of his pay and allowances: (1) The Act of March 23, 1946, chapter 112 (60 Stat. 59). (2) The Act of June 26, 1948, chapter 677 (62 Stat. 1052). (3) The Act of September 18, 1950, chapter 952 (64 Stat. A224). SEC. 6. Notwithstanding any other provision of law, a member or former member of a uniformed service who initially becomes entitled to retired pay or retainer pay on or after October 1, 1967, shall be entitled to have that pay computed using the rates of basic pay prescribed by the first section of this Act. SEC. 7. This Act becomes effective as of October 1, 1967. However, a member, except as provided in section 6 of this Act, is not entitled to any increases in his pay and allowances under section 1 or section 4 for any period before the date of enactment of this Act unless he is on active duty on the date of enactment of this Act. I n addition, a member of the National Guard or a member of a Keserve Component of a uniformed service who is in a drill pay status on the effective date of this Act is entitled to have any compensation to which he has become entitled under section 206 of title 37, United States Code, after September 30, 1967, computed under the rates of basic pay prescribed by section 1(1) of this Act. SEC. 8. (a) Effective January 1, 1968, and unless otherwise provided by law enacted after the date of enactment of this Act, whenever the General Schedule of compensation for Federal classified employees as contained in section 5332 of title 5, United States Code, is adjusted upwards, there shall immediately be placed into effect a comparable upward adjustment in the monthly basic pay authorized members of the uniformed services by section 203(a) of title 37, United States Code. (b) Adjustments in the various tables establishing the rates of monthly basic pay for members of the uniformed services as required by the preceding paragTaph shall have the force and effect of statute, and such adjustments shall:

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STAT.]

PUBLIC LAW 90-208-DEC. 18, 1967

655

(1) provide all personnel of the uniformed services with an overall average increase in regular compensation which equates to that provided General Schedule employees, and (2) carry the same effective date as that applying to the compensation adjustments provided General Schedule employees. (c) For the purposes of this section, "regular compensation" means „J^f„^n"|f^,°"" basic pay, quarters and subsistence allowances (either in cash or in pensation. ""'"' '"" kind), and the tax advantage on those allowances. SEC. 9. Chapter 7 of title 37, United States Code, is amended— 76 Stat. 469. (1) by inserting the following new section: in connection with convalescent leave " (a) Under uniform regulations prescribed by the Secretaries concerned, a member of a uniformed service is entitled to travel and transportation allowances for travel from his place of medical treatment in the continental United States to a place selected by him and approved by the Secretary concerned, and return, when the Secretary" concerned determines that the member is traveling in connection w4th authorized leave for convalescence from illness or injury incurred while the member was eligible for the receipt of hostile fire pay under section 310 of this title. 7? Stat. 216; " (b) The allowances prescribed under this section may not be at ^^ ^'^*' ^'*^' rates more than the rates authorized under section 404(d)(1) of this title. Authorized travel under this section is performed in a duty ^^ ^*^*- '*^^status." (2) By inserting the following new item in the analysis: "411a. Travel and transportation allowances: travel performed in connection with convalescent leave." Approved December 16, 1967.
 * '§411a. Travel and transportation allowances: travel performed

Public Law 90-208 AN ACT

December 18, 1967

To amend the Act incorporating the Disabled American Veterans so as to provide for an annual aUdit of their accounts.

[H. R. 2152]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 9 of Disabled American the Act of June 17, 1932, as amended (36 U.S.C. 90i), is amended by Annu"l*audit. (1) inserting " (a) " immediately after "SEC. 9." and (2) adding at the se Stat. eeo. end thereof the following: " (b)(1) The said corporation shall as soon as practicable after the trone^°Gener*^r'"''" close of each of its fiscal years make and transmit to the Comptroller General a report of its proceedings for the preceding fiscal year, including a full, complete, and itemized report of receipts and expenditures of whatever kind, which report shall be duly audited by the Comptroller General. "(2) The said corporation shall annually reimburse the Comptroller General for auditing its accounts, and the sums so paid shall be covered into the Treasury of the United States as miscellaneous receipts." SEC. 2. The amendment made by this Act shall be effective with Effective date. respect to each fiscal year of the Disabled American Veterans beginning after the date of enactment of this Act. Approved December 18, 1967. 85-622 0-68—44

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 656

PUBLIC LAW 90-209-DEC. 18, 1967

[81 STAT.

Public Law 90-209 December 18, 1967 [S. 814]

AN ACT To establish the National Park Foniulation.

Be it enacted by the Semite and House of RepretientativeH of the United States of America in Congress assembled, That in order to encourage private gifts of real and personal property or any income therefrom or other interest therein for the benefit of, or in connection with, the National Park Service, its activities, or its services, and thereby to further the conservation of natural, scenic, historic, scientific, educational, inspirational, or recreational resources for future generations of Americans,^there is hereby established a charitable and nonprofit corporation to be known as the National P a r k Foundation to accept and administer such gifts. Membership. SEC. 2. The National Park Foundation shall consist of a Board having as members the Secretary of the Interior, the Director of the National Park Service, ex officio, and no less than six private citizens of the United States appointed by the Secretary of the Interior whose initial terms shall be staggered to assure continuity of administration. Thereafter, the term shall be six years, unless a successor is chosen to fill a vacancy occurring prior to the expiration of the term for which his predecessor was chosen, in which event the successor shall be chosen only for the remainder of that term. The Secretary of the Interior shall be the Chairman of the Board and the Director of the National P a r k Service shall be the Secretary of the Board. Membership on the Board shall not be deemed to be an office within the meaning of the statutes of the United States. A majority of the members of the Board serving at any one time shall constitute a quorum for the transaction of business, and the Foundation shall have an official seal, which shall be judicially noticed. The Board shall meet at the call of the Chairman and there shall be at least one meeting each year. Travel e x p e n s e s, No compensation shall be paid to the members of the Board for reimbursement. their services as members, but they shall be reimbursed for actual and necessary traveling and subsistence expenses incurred by them in the performance of their duties as such members out of National P a r k Foundation funds available to the Board for such purposes. The Foundation shall succeed to all right, title, and interest of the National Park Trust F u n d Board established in any property or funds, including the National P a r k Trust Fund, subject to the terms and conditions Repeal. thereof. The National P a r k Trust Fund is hereby abolished, and the Act of July 10, 1935 (49 Stat. 477; 16 U.S.C. 19 et seq.), as amended, is hereby repealed. Gifts, b e q u e s t s, SEC. 3. The Foundation is authorized to accept, receive, solicit, hold, etc., acceptance. administer, and use any gifts, devises, or bequests, either absolutely or in trust of real or personal property or any income therefrom or other interest therein for the benefit of or in connection with, the Restriction. National Park Service, its activities, or its services: Provided, That the Foundation may not accept any such gift, devise, or bequest which entails any expenditure other than from the resources of the Foundation. An interest in the real property includes, among other things, easements or other rights for preservation, conservation, protection, or enhancement by and for the public of natural, scenic, historic, scientific, educational, inspirational, or recreational resources. A gift, devise, or bequest may be accepted by the Foundation even though it is encumbered, restricted, or subject to beneficial interests of private persons if any current or future interest therein is for the benefit of the National P a r k Service, its activities, or its services. Property or inSEC. 4. Except as otherwise required by the instrument of transfer, come; s a l e, inthe Foundation may sell, lease, invest, reinvest, retain, or otherwise vestment, e t c. National Park Foundation. Establishment.

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 81

STAT.]

PUBLIC LAW 90-210-DEC. 18, 1967

657

dispose of or deal with any property or income thereof as the Board may from time to time determine. The Foundation shall not engage in any business, nor shall the Foundation make any investment that may not lawfully be made by a trust company in the District of Columbia, except that the Foundation may make any investment authorized by the instrument of transfer, and may retain any property accepted by the Foundation. The Foundation may utilize the services and facilities of the Department of the Interior and the Department of Justice, and such services and facilities may be made available on request to the extent practicable without reimbursement therefor. SEC. 5. The Foundation shall have perpetual succession, with all the usual powers and obligations of a corporation acting as a trustee, including the power to sue and to be sued in its own name, but the members of the Board shall not be personally liable, except for malfeasance. Contract authorSEC. 6. The Foundation shall have the power to enter into contracts, ity. to execute instruments, and generally to do any and all lawful acts necessary or appropriate to its purposes. SEC. 7. I n carrying out the provisions of this Act, the Board may adopt bylaws, rules, and regulations necessary for the administration of its functions and contract for any necessary services. SEC. 8. The Foundation and any income or property received or '^^'^ exemptions owned by it, and all transactions relating to such income or property, shall be exempt from all Federal, State, and local taxation with respect thereto. The Foundation may, however, in the discretion of its directors, contribute toward the costs of local government in amounts not in excess of those which it would be obligated to pay such government if it were not exempt from taxation by virtue of the foregoing or by virtue of its being a charitable and nonprofit corporation and may agree so to contribute with respect to property transferred to it and the income derived therefrom if such agreement is a condition of the transfer. Contributions, gifts, and other transfers made to or for the use of the Foundation shall be regarded as contributions, gifts, or transfers to or for the use of the United States. SEC. 9. The United States shall not be liable for any debts, defaults, acts, or omissions of the Foundation. SEC. 10. The Foundation shall, as soon as practicable after the end „,f„^f °'"' *° ^°" of each fiscal year, transmit to Congress an annual report of its pro- gress. ceedings and activities, including a full and complete statement of its receipts, expenditures, and investments. Approved December 18, 1967.

Public Law 90-210 AN ACT

To amend the Food and Agriculture Act of 1965.

December 18, 1967

^_Jali£^j

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,^ That section 602(a) Food and Agriof the Food and Agriculture Act of 1965 is amended by adding at the igesTamend!^ end thereof the following new sentence: "The foregoing provision ment! shall not prevent a producer from placing a farm in the program if y^us'c^isa's.^* the farm was acquired by the producer to replace an eligible farm from which he was displaced because of its acquisition by any Federal, State, or other agency having the right of eminent domain." Approved December 18, 1967.

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 658

PUBLIC LAW 90-211-DEC. 18, 1967

[81 STAT.

Public Law 90-211 December 18, 1967 [H. R. 11565]

Agricultural Adjustment Act of 1938, amendment, 55 Stat. 88. 7 USC 1358. P e a n u t acreage allotments, transfer authorization.

AN ACT To amend section 358 of the Agricultural Adjustment Act of 193S, as amended, to authorize the transfer of iieanut acreage allotments.

Be it enacted by the Senate and House of RepreHentath^eH of the United States of America in Congress assembled, That the Agricultural Adjustment Act of 1988, as amended, is amended by addinjr after section 858 the following new section: "SEC. 858a. (a) Notwithstanding any other provision of law for the 1968 and 1969 crop years, the Secretary, if he determines that it will not impair the effective operation of the peanut marketing quota or price-support program, (1) may permit the owner and operator of any farm for which a peanut acreage allotment is established under this Act to sell or lease all or any part or the right to all or any part of such allotment to any other owner or operator of a farm in the same county for transfer to such farm; and (2) may permit the owner of a farm to transfer all or any part of such allotment to any other farm owned or controlled by him. "(b) Transfers under this section shall be subject to the following conditions: (1) no allotment shall be transferred to a farm in another county; (2) no transfer of an allotment from a farm subject to a mortgage or other lien shall be permitted unless the transfer is agreed to by the lienholders; (8) no sale of a farm allotment from a farm shall be permitted if any sale of allotment to the same farm has been made within the three immediately preceding crop years; (4) no transfer of allotment shall be effective until a record thereof is filed with the county committee of the county in which such transfer is made and such committee determines that the transfer complies with the provisions of this section; and (5) if the normal yield established by the county committee for the farm to which the allotment is transferred does not exceed the normal yield established by the county committee for the farm from which the allotment is transferred by more than 10 per centum, the lease or sale and transfer shall be approved acre for acre, but if the normal yield for the farm to which the allotment is transferred exceeds the normal yield for the farm from which the allotment is transferred by more than 10 per centum, the county committee shall make a downward adjustment in the amount of the acreage allotment transferred by multiplying the normal yield established for the farm from which the allotment is transferred by the acreage being transferred and dividing the result by the normal yield established for the farm to which the allotment is transferred: Provided, That in the event an allotment is transferred to a farm.which at the time of such transfer is not irrigated, but within five years subsequent to such transfer is placed under irrigation, the Secretary shall also make an annual downward adjustment in the allotment so transferred by multiplying the normal yield established for the farm from which the allotment is transferred by the acreage being transferred and dividing the result by the actual yield for the previous year, adjusted for abnormal weather conditions, on the farm to which the allotment is transferred: Provided further. That, notwithstanding any other provision of this Act, the adjustment made in any peanut allotment because of the transfer to a higher producing farm shall not reduce or increase the size of any future National or State allotment and an acreage equal to the total of all such adjustments shall not be allotted to any other farms. "(c) The transfer of an allotment shall have the effect of transferring also the acreage history and marketing quota attributable to such allotment and if the transfer is made prior to the determination of the allotment for any year the transfer shall include the right

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 81

STAT.]

PUBLIC LAW 90-212-DEC. 18, 1967

of the owner or operator to have an allotment determined for the farm for such year: Provided, That in the case of a transfer by lease the amount of the allotment shall be considered, for the purpose of determining allotments after the expiration of the lease, to have been planted on the farm from which such allotment is transferred. " (d) The land in the farm from which the entire peanut allotment has been transferred shall not be eligible for a new farm peanut allotment during the five years following the year in which such transfer is made. "(e) Any lease may be made for such term of years not to exceed five as the parties thereto agree, and on such other terms and conditions except as otherwise provided in this section as the parties thereto agree. "(f) The lease of any part of a peanut acreage allotment determined for a farm shall not affect the allotment lor the farm from which such allotment is transferred or the farm to which it is transferred, except with respect to the crop year or years specified in the lease. The amount of the acreage allotment which is leased from a farm shall be considered for purposes of determining future allotments to have been planted to peanuts on the farm from which such allotment is leased and the production pursuant to the leiise shall not be taken into account in establishing allotments for subsequent years for the farm to which such allotment is leased. The lessor shall be considered to have been engaged in the production of peanuts for purposes of eligibility to vote in the referendum. " (g) The Secretary shall prescribe regulations for the administration of this section which may include reasonable limitation on the size of the resulting allotments on farms to which transfers are made and such other terms and conditions as he deems necessary, but the total peanut allotment transferred to any farm by sale or lease shall not exceed fifty acres. " (h) If the sale or transfer occurs during a period in which the farm is covered by a conservation reserve contract, cropland conversion agreement, or other similar land utilization agreement the rates of payment provided for in the contract or agreement of the farm from which the transfer is made shall be subject to an appropriate adjustment, but no adjustment shall be made m the contract or agreement of the farm to which the transfer is made." Approved December 18, 1967.

Public Law 90-212 AN ACT

To amend the District of Columbia Teachers' Leave Act of 1949 to remove certain limitations, and for other purposes.

December 18, 1967

[H. R. 5709]

Be it enacted by the Senate and House of Representatives of the teachers. United States of America in Congress assembled, That the first D.C. and emerSick section of the District of Columbia Teachers' Leave Act of 1949 ^ency le^vZ (D.C. Code, sec. 31-691) is amended by striking out the third sentence thereof. (b) The last sentence of section 2 of the District of Columbia Teachers' Leave Act of 1949 (D.C. Code, sec. 31-692) is amended to read as follows: "No attendance officer shall be entitled to annual or sick leave with pay under the provisions of any other Act." (c) Section 4 of the District of Columbia Teachers' Leave Act of 1949 (D.C. Code, sec, 31-694) is amended by striking out "twenty-five" and inserting in lieu thereof "thirty". Approved December 18, 1967.

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 PUBLIC LAW 90-213-DEC. 18, 1967

660

[81 STAT.

Public Law 90-213 AN ACT December 18, 1967 [H. R. 12121] To amend the Act of September 19, 1964 (78 Stat. 983), establishing the Public Land Law Review Commission, and for other purposes.

Be it enacted by the Senate and House of Representatives of the PubiicLand Law United Stotes of America in Congress assembled, That the Act of Review Commis September 19, 1964 (78 Stat. 983), establishing the Public Land Law sion. Extension, Review Commission is amended— appropriation (1) by striking, in section 4(b), "December 31, 1968" and increase. 78 Stat. 983. substituting therefor "June 30, 1970". 43 USC 1394. (2) by striking, in section 4(b) "June 30, 1969" and substituting therefor "December 31, 1970". 43 USC 1399. (3) by striking, in section 9(a), "$4,000,000" and substituting therefor "$7,390,000". (4) by substituting for the present text of the first sentence of 43 USC 1398. section 8(a) the following: "The Commission or, on authorization of the Commission, any committee of two or more members, at least one of whom shall be of each major political party, may, for the purpose of carrying out the provisions of this Act, hold such hearings, take testimony or receive evidence under oath, and sit and act at such times and places as the Commission or such authorized committee may deem advisable. The member of the Commission presiding at any such hearing is authorized to administer the oath to witnesses." 43 USC 1418. SEC. 2. Section 8 of the Act of September 19, 1964 (78 Stat. 986), is amended to read as follows: "SEC. 8. The authorizations and requirements of this Act shall expire six months after the final report of the Public Land Law Review Commission has been submitted to Congress, except that any segregation prior to such time of any public lands from settlement, location, sale, selection, entry, lease, or other form of disposal under the public land laws shall continue for the period of time allowed by this Act." 43 USC 1427. SEC. 3. Section 7 of the Act of September 19, 1964 (78 Stat. 988), is amended to read as follows: "SEC. 7. The authority granted by this Act shall expire six months after the final report of the Public Land Law Review Commission has been submitted to Congress, except that sales concerning which notice has been given in accordance with section 3 hereof prior to such time may be consummated and patents issued in connection therewith after such time." Approved December 18, 1967. Public Law 90-214 December 18, 1967 [S. 2247]

Vessels. Large tugs and barges. 49 Stat. 2000; 66 Stat. 761.

AN ACT To amend the Merchant Marine Act, 1936, to increase the Federal ship mortgage Insurance available in the case of certain oceangoing tugs and barges.

Be it enacted by the Semite and House of Representatives of the United States of America, in Congress assembled. That the fourth sentence of section 509 of the Merchant Marine Act, 1936 (46 U.S.C. 1159), is amended by inserting immediately before the words "the applicant" the following: "or in the case of an oceangoing tug of more than two thousand five hundred horsepower or oceangoing barge of more than two thousand five hundred gross tons,". Approved December 18, 1967.

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PUBLIC LAW 90-216-DEC. 18, 1967

STAT.]

661

Public Law 90-215 AN ACT

December 18, 1967

To amend section 319 of the Immigration and Nationality Act to permit naturalization for certain employees of United States nonprofit organizations engaged in disseminating information which significantly promotes United States interest, and for other purposes.

[H. R. 2138]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section pja""'nliu !°AC^"'^ 319 of the Immigration and Nationality Act (66 Stat. 244) is amendment. " ' amended by adding a new subsection (c) to read as follows: ^ use 1430. "(c) Any person who (1) is employed by a bona fide United States Employees of non^ ''

, •^1^

r.,

^ '

•

.-^

'' ^ ' 1

•

•

•

n

1 •

profit organiza-

mcorporated nonpront organization which is principally engaged m tions. conducting abroad through communications media the dissemination of information which significantly promotes United States interests abroad and which is recognized as such by the Attorney General, and (2) has been so employed continuously for a period of not less than five years after a lawful admission for permanent residence, and (3) who files his petition for naturalization while so employed or within six months following the termination thereof, and (4) who is in the United States at the time of naturalization, and (5) who declares before the naturalization court in good faith an intention to take up residence within the United States immediately upon termination of such employment, may be naturalized upon compliance with all the requirements of this Title except that no prior residence or specified period of physical presence within the United States or any State or within the jurisdiction of the court, or proof thereof, shall be required." (b) The title preceding section 319 is amended to read as follows: "MARRIED PERSONS ORGANIZATIONS".

AND

EMPLOYEES

OF

CERTAIN

NONPROFIT

(c) The table of contents (Title III—Nationality and Naturalization, ch. 2) of the Immigration and Nationality Act is amended by changing the designation of section 319 to read as follows: "Sec. 319. Married persons and employees of certain nonprofit organizations." Approved December 18, 1967„ Public Law 90-216 AN ACT

To create a new division for the Western District of Texas, and for other purposes.

December 18, 1967

'

Be it enacted by the Senate and House of Representatives of the our United States of America in Congress assembled, That section 124(d) C e x atss,. Western T of title 28, United States Code, is amended— DistrlctV n"ev° (1) by amendhig paragraph (3) to read as follows: division. "(3) The El Paso Division comprises the county of El Paso."; 62 Stat. 893. (2) by amending paragraph (6) to read as follows: "(6) The Pecos Division comprises the counties of Brewster, Culberson, Jeff Davis, Hudspeth, Loving, Pecos, Presidio, Reeves, Ward, and Winkler."; and (3) by adding at the end the following new paragraphs: "(7) The Midland-Odessa Division comprises the counties of Andrews, Crane, Ector, Martin, Midland, and Upton,

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 662

PUBLIC LAW 90-217-DEC. 18, 1967

[81 STAT.

"Court for the Midland-Odessa Division shall be held at Midland. Court may be held, in the discretion of the court, in Odessa, when courtroom facilities are made available at no expense to the Government." (4) by deleting the word "six" in the first sentence of subsection (d) and inserting in lieu thereof the word "seven". Approved December 18, 1967.

Public Law 90-217 December 18, 1967 [H. R. 8376]

Courts. New York, Eastern District. 62 Stat. 886.

AN ACT To provide that the United States District Court for the Eastern District of New York shall be held at Brooklyn, New York, and Mineola, New York. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the second paragraph of- section 112(c) of title 28, United States Code, is amended to read as follows: "Court for the Eastern District shall be held at Brooklyn and Mineola." Approved December 18, 1967. Public Law 90-218

December 18, 1967 [H. J. R e s. 888]

Continuing appropriations, 1968. Ante, pp. 256, 518.

JOINT RESOLUTION Making continuing appropriations for the fiscal year 1968, and for other purposes. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the joint resolution of October 5, 1967 (Public Law 90-102) is hereby amended by striking out "October 28, 1967" and inserting in lieu thereof "December 20, 1967". TITLE II—REDUCTIONS IN OBLIGATIONS AND EXPENDITURES SEC. 201. In view of developments which constitute a threat to the economy with resulting inflation, the Congress hereby finds and determines that, taking into account action on appropriation bills to date, Federal obligations and expenditures in controllable programs for the fiscal year 1968 should be reduced by no less than $9 billion and $4 billion, respectively, below the President's budget requests. The limitations hereafter required are necessary for that purpose. SEC. 202. (a) During the fiscal year 1968, no department or agency of the Executive Branch of the Government shall incur obligations in excess of the lesser of— (1) the aggregate amount available to each such department or agency as obligational authority in the fiscal year 1968 through appropriation acts or other laws, or (2) an amount determined by reducing the aggregate budget estimate of obligations for such department or agency in the fiscal year 1968 by— (i) 2 percent of the amount included in such estimate for personnel compensation and benefits, plus

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PUBLIC LAW 90-218-DEC. 18, 1967

663

(ii) 10 percent of the amount included in such estimate for objects other than personnel compensation and benefits. (b) As used in this section, the terms "obligational authority'' and Definitions. "budget estimate of obligations" include authority derived from, and estimates of reservations to be made and obligations to be incurred pursuant to, appropriations and authority to enter into contracts in advance of appropriations. (c) The references in this section to budget estimates of obligations are to such estimates as contained in the Budget Appendix for the fiscal year 1968 (House Document No. 16, 90th Congress, 1st Session), as amended during the first session of the 90th Congress. SEC. 203. (a) This title shall not apply to obligations for (1) per- . Nonappucabiimanent appropriations, (2) trust funds, (3) items included under the ' ^' heading "relatively uncontrollable" in the table appearing on page 14 of the Budget for the fiscal year 1968 (House Document No. 15, Part 1, 90th Congress, 1st Session), and other items required by law in the fiscal year 1968, or (4) programs, projects, or purposes, not exceeding $300,000,000 in the aggregate, determined by the President to be vital to the national interest or security, except that no program, project, or purpose shall be funded in excess of amounts approved therefor by Congress. (b) This title shall not be so applied as to require a reduction in fen^"°"bii.'^^' obligations for national defense exceeding 10 percent of the new gations. obligational authority (excluding special Vietnam costs) requested in the Budget for the fiscal year 1968 (House Documents Nos. 15, Part 1, and 16), as amended during the first session of the 90th Congress: Provided, That the President may exempt from the operation of this title any obligations for national defense which he deems to be essential for the purposes of national defense. SEC. 204. I n the administration of any program as to which (1) the amount of obligations is limited by section 202(a)(2) of this title, and (2) the allocation, grant, apportionment, or other distribution of funds among recipients is required to be determined by application of a formula involving the amount appropriated or otherwise made available for distribution, the amount available for obligation as limited by that section or as determined by the head of the agency concerned pursuant to that section shall be substituted for the amount appropriated or otherwise made available in the application of the formula. SEC. 205. To the maximum extent practical, reductions in obliga- Personnel and tions for personnel compensation and benefits under this title shall be re°ductrons!"' accomplisned by not filling vacancies. Insofar as practical, reductions in obligations for construction under this title may be made by stretching out the time schedule of starting new projects and performing on contracts so as not to require the elimination of new construction starts. SEC. 206. The amount of any appropriation or authorization which (1) is unused because of the limitation on obligations imposed by section 202(a)(2) of this title and (2) would not be available for use after June 30, 1968, shall be used only for such purposes and in such manner and amount as may be prescribed by law in the second session of the 90th Congress. Approved December 18, 1967.

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Page:United States Statutes at Large Volume 81.djvu/698

 PUBLIC LAW 90-219-DEC. 20, 1967

664

[81 STAT

Public Law 90-219 December 20, 1967

-^N ACT

[H. R. 6111]

'I',, provide for the establishment of a Federal Judicial (Viiter, and for other purposes.

Be it enacted by the Senate and House of Representatives ^n^V^^ Judicial jjfi'ftpd ^tates of America in Congress assemhJed, Cent Establishment

TITLE I—FEDERAL JUDICIAL

of the

CENTER

SKO. 101. Title 28, United States Code, is amended by inserting, immediately following chapter 41, a new chapter as follows: "Chapter 42.—FEDERAL JUDICIAL CENTER "Sec. "H20. •"621. "622. "623. "624. "625. "f;26. "627. "628. "629.

Functions.

Restriction.

Federal.Judicial Center. Board; composition, tenure of members, compensation. Meetings; conduct of business. Duties of the Board. Powers of the Board. Director and staff. Compensation of the Director. Retirement; employee benefits. Appropriations and accounting. Organizational provisions.

"§620. Federal Judicial, Center •'(a) There is established within the judicial branch of the Government a Federal Judicial Center, whose purpose it shall be to furtlier the development and adoption of improved judicial administration in the courts of the United States. ''(b) The Center shall have the following functions: "(1) to conduct research and study of the operaticm of the courts of the United States, and to stimulate and coordinate such research and study on the part of other public and private persons and agencies; "(2) to develop and present for consideration by the Judicial Conference of the United States recommendations for improvement of the administration and management of the courts of the United States; "(3) to stimulate, create, develop, and conduct programs of continuing education and training for personnel of the judicial branch of the Government, including, but not limited to, judges, referees, clerks of court, probation officers, and United States commissioners; and "(4) insofar as may be consistent with the performance of the other functions set forth in this section, to provide staif, research, and planning assistance to the Judicial Conference of the United States and its committees. " (a) The activities of the Center shall be supervised by a Board to be composed of— "(1) the Chief Justice of the United States, who shall be the permanent Chairman of the Board; "(2) two active judges of the courts of appeals of the United States and three active judges of the district courts of the United States elected by vote of the members of the Judicial Conference of the United States: Provided, however, That the judges so elected shall not be members of the Judicial Conference of the United States; and
 * '§ 621. Board; composition, tenure of members, compensation

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PUBLIC LAW 90-219-DEC. 20, 1967

665

"(3) the Director of the Administrative Office of the United States Courts, who shall be a permanent member of the Board. "(b) The term of office of each elected member of the Board shall be four years: Provided, however, That section 629 of this chapter Restrictions. shall govern the terms of office of the first members elected to the Board: And provided further, That a member elected to serve for an unexpired term arising by virtue of the death, disability, retirement, or resignation of a member shall be elected only for such unexpired term. "(c) No member elected for a four-year term shall be eligible for reelection to the Board. " (d) Members of the Board shall serve without additional compensation, but shall be reimbursed for actual and necessary expenses incurred in the performance of their official duties. " (a) Regular meetings of the Board shall be held quarterly. Special meetings shall be held from time to time upon the call of the Chairman, acting at his own discretion or pursuant to the petition of any four members. " (b) Each member of the Board shall be entitled to one vote. A simple majority of the membership shall constitute a quorum for the conduct of business. The Board shall act upon the concurrence of a simple majority of the members present and voting. "§623. Duties of the Board " (a) I n its direction and supervision of the activities of the Federal Judicial Center, the Board shall— "(1) establish such policies and develop such programs for the Federal Judicial Center as will further achievement of its purpose and performance of its functions; "(2) formulate recommendations for improvements in the administration of the courts of the United States, in the training of the personnel of those courts, and in the management of their resources; "(3) submit to the Judicial Conference of the United States, at least one month in advance of its annual meeting, a report of the activities of the Center and such recommendations as the Board may propose for the consideration of the Conference; "(4) present to other government departments, agencies, and instrumentalities whose programs or activities relate to the administration of justice in the courts of the United States the recommendations of the Center for the improvement of such programs or activities; "(5) study and determine ways in which automatic data processing and systems procedures may be applied to the administration of the courts of the United States, and include in the annual report required by paragraph (3) of this subsection details of the results of the studies and determinations made pursuant to this paragraph; and "(6) consider and recommend to both public and private agencies aspects of the operation of the courts of the United States deemed worthy of special study. " (b) The Board shall transmit'to Congress and to the Attorney gresTona/co^m"' General of the United States copies of all reports and recommenda- mittees. tions submitted to the Judicial Conference of the United States. The Board shall also keep the Committees on the Judiciary of the United States Senate and House of Representatives fully and currently informed with respect to the activities of the Center.
 * '§622. Meetings; conduct of business

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Page:United States Statutes at Large Volume 81.djvu/700

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PUBLIC LAW 90-219-DEC. 20, 1967

[81 STAT.

"§ 624. Powers of the Board "The Board is authorized— " (1) to appoint and fix the duties of the Director of the Federal Judicial Center, who shall serve at the pleasure of the Board; "(2) to request from any department, agency, or independent instrumentality of the Government any information it deems necessary to the performance of the functions of the Federal Judicial Center set forth in this chapter, and each such department, agency, or instrumentality is directed to cooperate with the Board and, to the extent permitted by law, to furnish such information to the Center upon request of the Chairman or upon request of the Director when the Board has delegated this authority to him; "(3) to contract with and compensate government and private agencies or persons for research projects and other services, without regard to section 3709 of the Revised Statutes, as amended (41 U.S.C. 5), and to delegate such contract authority to the Director of the Federal Judicial Center, who is hereby empowered to exercise such delegated authority. "§ 625. Director and staff " (a) The Director shall supervise the activities of persons employed by the Center and perform other duties assigned to him by the Board. additional professional personnel as the Board may deem necessary, without regard to the provisions of title 5, United States Code, governing appointments in competitive service, or the provisions of chapter 80 Stat. 44351 and subchapter III of chapter 53 of such title, relating to classifi457, 467. cation and General Schedule pay rates: Provided, however, That the compensation of any person appointed under this subsection shall not exceed the annual rate of basic pay of level V of the Executive Schedule 80 Stat. 463. pay rates, section 5316, title 5, United States Code: And provided further, That the salary of a reemployed annuitant under the Civil Serv70 Stat. 743. ive Retirement Act shall be adjusted pursuant to the provisions of ^^5^use 8331 ef section 8344, title 5, United States Code. 80 Stat. 581; "(c) The Director shall appoint and fix the compensation of such Ante, p. 217. Secretarial and clerical personnel as he may deem necessary, subject to the provisions of title 5, United States Code, governing appointments in competitive service and the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates. " (d) The Director may procure personal services as authorized by 80 Stat. 416. section 3109 of title 5, United States Code, at rates not to exceed the daily equivalent of the highest rate payable under General Schedule Ame ^^^^2^' pay rates, section 5332, title 5, United States Code. 'r^av^'i exp'enses. "(e) The Director is authorized to incur necessary travel and other miscellaneous expenses incident to the operation of the Center. "§ 626. Compensation of the Director "The compensation of the Director of the Federal Judicial Center shall be the same as that of the Director of the Administrative Office of the United States Courts, and his appointment and salary shall not be subject to the provisions of title 5, United States Code, governing appointments in competitive service, or the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates: Provided, however, That any Director who is a justice or judge of the United States in active or retired status shall serve without additional compensation. "§ 627. Retirement; employee benefits " (a) A Director of the Federal Judicial Center who attains the age of seventy years shall be retired from that office.
 * '(b) The Director shall appoint and fix the compensation of such

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PUBLIC LAW 90-219-DEC. 20, 1967

667

" (b) The Director, the professional staflf, and the clerical and secretarial employees of the Federal Judicial Center shall be deemed to be officers and employees of the judicial branch of the United States Government within the meaning of subchapter III of chapter 83 (relating to civil service retirement), chapter 87 (relating to Federal employees' life insurance program), and chapter 89 (relating to Federal em- ^^ ^^^ ployees' health benefits program) of title 5, United States Code: sss, 592," 599.' Provided, however, That the Director, upon written notice filed with the Director of the Administrative Office of the United States Courts within six months after the date on which he takes office, may waive coverage under subchapter III of chapter 83 of title 5, United States Code (relating to civil service retirement), and elect coverage under the retirement and disability provisions of this section: And provided further, That upon his non-retirement separation from the Federal Judicial Center, such waiver and election shall not operate to foreclose to the Director such opportunity as the law may provide to secure civil service retirement credit for service as Director by depositing with interest the amount required by section 8334 of title 5, United States Code. . AZT^I'AT: "(c) Upon the retirement of a Director who has elected coverage under this section and who has served at least fifteen years and attained the age of sixty-five years the Director of the Administrative Office of the United States Courts shall pay him an annuity for life equal to 80 per centum of the salary of the office at the time of his retirement. "Upon the retirement of a Director who has elected coverage under this section and who has served at least ten years, but who is not eligible to receive an annuity under the first paragraph of this subsection, the Administrative Office of the United States Courts shall pay him an annuity for life equal to that proportion of 80 per centum of the salary of the office at the time of his retirement that the number of years of his service bears to fifteen, reduced by one-quarter of 1 per centum for each full month, if any, he is under the age of sixty-five at the time of separation from service. " (d) A Director who has elected coverage under this section and who becomes permanently disabled to perform the duties of his office shall be retired and shall receive an annuity for life equal to 80 per centum of the salary of the office at the time of his retirement if he has served at least fifteen years, or equal to that proportion of 80 per centum of such salary that the aggregate number of years of his service bears to fifteen if he has served less than fifteen years, but in no event less than 50 per centum of such salary. "(e) For the purpose of this section, 'service' means service, whether "service." or not continuous, as Director of the Federal Judicial Center, and any service, not to exceed five years, as a judge of the United States, a Senator or Representative in Congress, or a civilian official appointed by the President, by and with the advice and consent of the Senate. ^^§628. Appropriations and accounting "There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this chapter. The Administrative Office of the United States Courts shall provide accounting, disbursing, auditing, and other fiscal services for the Federal Judicial Center. ''§629. Organizational provisions " (a) The terms of office of the members first elected to the Board Terms of office. shall commence on the thirtieth day after the first meeting of the Judicial Conference after the date on which this chapter shall take effect.

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PUBLIC LAW 90-219-DEC. 20, 1967

[81 STAT.

" (b) The ineinbers first elected to the Board shall coiitiime in office for terms of one, two, three, three, and four years, respectively, the term of each to be designated by the Judicial Conference of the United States at the time of his election. "(c) Members first elected to the Board who are designated by the Judicial Conference of the United States to serve terms of office of less than four years shall be eligible for reelection to one full term of office.-' TITLE

80 Stat. 564.

Ante!T21^!''

"Service."

II—ADDITIONAL AMENDMENTS UNITED STATES CODE

TO TITLE 28,

SEC. 201. (a) Chapter 41 of title 28, United States Code, is amended by adding at the end thereof a new section as follows: "§611. Retirement of Director " (a) The Director may, by written election filed with the Chief Justice of the United States within six months after the date on which he takes office, waive coverage under subchapter III (relating j-^ ^.j^jj service retirement) of chapter 83, title 5, United States Code, and bring himself within the purview of this section. Such waiver and election shall not operate to foreclose to the Director, upon separation from service other than by retirement, such, opportunity as the law may provide to secure civil service retirement credit for service as Director by depositing with interest the amount required by section ^'^'^^ ^^ title 5, United States Code. "(b) Upon the retirement of a Director who has elected coverage under this section and who has served at least fifteen years and attained the age of sixty-five years the Administrative Office of the United States Courts shall pay him an annuity for life equal to 80 per centum of the salary of the office at the time of his retirement. "Upon the retirement of a Director who has elected coverage under this section and who has served at least ten years, but who is not eligible to receive an annuity under the first paragraph of this subsection, the Administrative Office of the United States Courts shall pay him an annuity for life equal to that proportion of 80 per centum of the salary of the office at the time of his retirement that the number of years of his service bears to fifteen, reduced by one-quarter of 1 per centum for each full month, if any, he is under the age of sixty-five at the time of separation from service. "(c) A Director w'ho has elected coverage under this section and who becomes permanently disabled to perform the duties of his office shall be retired and shall receive an annuity for life equal to 80 per centum of the salary of the office at the time of his retirement if he has served at least fifteen years, or equal to that proportion of 80 per centum of such salary that the aggregate number of years of his" service bears to fifteen if he has served less than fifteen years, but in no event less than 50 T>er centum of such salary. " (d) For the purpose of this section, 'service' means service, whether or not continuous, as Director of the Administrative Office of the United States Courts, and any service, not to exceed five years, as a judge of the United States, a Senator or Representative in Congress, or a civilian official appointed by the President, by and with the advice and consent of the Senate." (b) The table of contents preceding such chapter is amended by inserting at the end thereof the following new item: "611. Retirement of Director.".

70 Stat. 1021.

gg(._ 202. Section 376, title 28, United States Code, is amended by adding the following new subsections:

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 81

STAT.]

PUBLIC LAW 90-219-DEC. 20, 1967

" (r) The Director of the Federal Judicial Center shall be deemed a judge of the United States for the purposes of this section and shall be entitled to bring himself within the purview of this section by filing an election as provided in subsection (a) of this section within the time therein specified. As applied to a Director of the Federal Judicial Center, the phrase 'retirement from office by resignation on salary under section 371(a) of this title' as used in subsections (b), (c), (g), (i), and (n) of this section shall mean 'retirement from office under subsection (c) or (d) of section 627 of this title o r by removal after not less than ten years service', the phrase 'salary paid after retirement' as used in subsection (b) of this section shall mean 'annuity paid after retirement under subsection (c) or (d) of section 627 of this title', and the phrase 'resigns from office other than on salary under section 371(a) of this title' as used in subsection (f) of this section shall mean 'resigns from office otherwise than on retirement under subsection (c) or (d) of section 627 of this title or is removed after less than ten years service'. "(s) The Director of the Administrative Office of the United States Courts shall be deemed a judge of the United States for the purposes of this section and shall be entitled to bring himself within the purview of this section by filing an election as provided in subsection (a) of this section within the time therein specified. As applied to a Director of the Administrative Office of the United States Courts, the phrase 'retirement from office by resignation on salary under section 371(a) of this title' as used in subsections (b), (c), (g), (i), and (n) of this section shall mean 'retirement from office under section 611 of this title or by removal after not less than ten years service', the phrase 'salary paid after retirement' as used in subsection (b) of this section shall mean 'annuity paid after retirement under section 611 of this title', and the phrase 'resigns from office other than on salary under section 371(a) of this title' as used in subsection (f) of this section shall mean 'resigns from office otherwise than on retirement under section 611 of this title or is removed after less than ten years service'." SEC. 203. Subsection (a) of section 604, title 28, United States Code, is amended by amending: (a) Paragraph (7) to read as follows: ''(7) Kegulate and pay annuities to widows and surviving dependent children of judges. Directors of the Federal Judicial Center, and Directors of the Administrative Office, and necessary travel and subsistence expenses incurred by judges, court officers and employees, and officers and employees of the Administrative Office, and the Federal Judicial Center, while absent from their official stations on official business,"; (b) Paragraph (9), to insert between the word "courts" and the word "and" a comma and the words "the Federal Judicial Center,"; (c) Paragraphs (10) and (11), to insert between the word "courts" and the word "and" a comma and the words "the Federal Judicial (_ enter' SEC. 26-1. The table of contents to " Part III.—COUKT OFFICE E S AXD E M P L O Y E E S " of title 28, United States Code, is amended by inserting after "41. Administrative Office of the United States Courts 601" a new chapter reference as follows: "42. Federal Judicial Center 620". SEC. 205. (a) Except as provided in subsection (b), the amendments made by this title, insofar as they relate to retirement and survivorship benefits of the Director of the Administrative Office of the United States Courts, shall be applicable only with respect to persons first appointed to such office after the date of enactment of this Act.

669

70 Stat. 1021. Definitions. 68 Stat. 12.

^"'^' P- ^^^•

Definitions.

^"'^' ^' ^'^^•

7o"tft!"io26!'

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 PUBLIC LAW 90-220-DEC. 20, 1967

670 Ante, 669.

p p. 668,

[81 STAT.

(b) The provisions of section 611(a), the first paragraph of section 611(b), and section 376(s), of title 28, United States Code, as added by such amendments, shall be applicable to a Director or former Director of the Administrative Office of the United States Courts who was first appointed prior to the date of enactment of this Act if at the time such Director or former Director left or leaves such office he had, or shall have, attained the age of sixty-five years and completed fifteen years of service as Director of the Administrative Office of the United States Courts and if, on or before the expiration of six moftths following the date of enactment of this Act, he makes the election referred to in section 611(a) or section 376(s), or both, as the case may be. Approved December 20, 1967.

Public Law 90-220 December 20, 1967 [ H. R. 11395]

National Capital Transportation Act of 1965, amendment. 79 Stat. 664. 74 Stat. 537. 40 USC 651 note.

AN ACT To amend the National Capital Transportation Act of 196.5 authorizing the prosecution of a transit development program for the National Capital region and to further the objectives of the Act of,Tuly 14, 1960.

Be it enacted by the Senate and House of RepreiientativeH of the United States of America In Congress OJisembled, That the portion of section 3(b) of the National Capital Transportation Act of 1965 (40 LT.S.C. 682) which precedes paragraph (1) is amended to read as follows: ''(b) The work authorized by this section shall be subject to the provisions of the National Capital Transportation Act of 1960, shall be carried out substantially in accordance with the plans and schedules contained in the aforesaid report, as modified in the report of the Agency entitled 'Revised Transit Development Program for the Nation's Capital, 1967', and shall be subject to the following:"'. Approved December 20, 1967.

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 81

STAT.]

PUBLIC LAW 90-221-DEC. 23, 1967

671

Public Law 90-221 AN ACT

To improve certain benefits for employees who serve in high-risk situations, and for other puriwses.

December 23, 1967

f - ^^85] ^

Be it enacted by the Seriate and House of Representatives of the United States of America in Congress assembled. That section 911 of l^l^H^^^ for^'haz!^^" the Foreign Service Act of 1946, as amended (22 U.S.C. 1136), is ardous duly °in-^^" amended by striking out the period at the end of paragraph (10) and '""gQ^l^gj i,)26 inserting in lieu thereof a semicolon and by adding at the end thereof 22 USC' use." the following new paragraph: "(11) the travel expenses of officers and employees of the Serv- Travel expenses. ice for up to two round trips each year for purposes of family visitation in situations where the family of the officer or employee is prevented by official order from accompanying such officer or employee to, or has been ordered evacuated from, his assigned post because of danger from hostile activity, except that, with respect to any such officer or employee whose dependents are located abroad, the Secretary may authorize such additional trips as he deems appropriate not to exceed the equivalent cost of two round trips of less than first class to the District of Columbia, and the travel expenses of officers or employees stationed abroad (or their dependents located abroad), for purposes of family visitation in emergency situations involving personal hardship: Provided, That the facilities of the Military Airlift Command shall be utilized whenever possible for travel authorized under this section." SEC. 2. Immediately after section 943 of the Foreign Service Act of Medical services. 1946, as amended, add the following new section: ^° Stat. 707. "SEC. 944. Under such regulations as he may prescribe, the Secretary ' ' is authorized to provide medical services under part E of this title beyond the date of death or separation of an officer or employee." SEC. 3. (a) Subchapter II of chapter 63 of title Oj United States Code (which relates to leave), is amended by adding at the end so Stat. 521. thereof the following new section: "No leave shall be charged to the account of any officer or employee for absence, not to exceed one year, due to any injury incurred while serving abroad and resulting from war, insurgency, mob violence, or similar hostile action: Provided, That the injury shall not have been due to vicious habits, intemperance, or willful misconduct on the part of the officer or employee." (b) The analysis at the beginning of such subchapter is amended by adding the following item at the end thereof: "6325. Absence resulting from hostile action abroad." (c) The amendment made by subsection (a) of this section shall Effective date. take effect as of the first day of the first pay period which began on or after January 1, 1965. Approved December 23, 1967, 10:24 a.m., Cam Ranh Bay, So. Viet Nam.
 * § 6325. Absence resulting from hostile action abroad

85-622 0-68—45

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PUBLIC LAW 90-222-DEC. 23, 1%7

[81 STAT.

Public Law 90-222 December 23, 1967 AN ACT [s. 2388] rjy^ provide a n improved Econoiuie Opportunity Act, to authorize funds for the continued operation of economic opportunity programs, and for other purposes.

Be it enacted by the Senate and House of Representatives of the tuJurAmencS^^"^' United States of America in Congress assembled, That this Act may ments of 1967. be cited as the "Economic Opportunity Amendments of 1967'". AUTHORIZATION OF APPROPRIATIONS 78 Stat. 508. 42 USC 2701 note. 79 Stat. 978. 42 USC 2966.

Post, p. 711. 80 Stat. 1472. 42 USC 2991

et seq.

SEC. 2. For the purpose of carrying out programs under the Economic Opportunity Act of 1964 (other than part C of title I of such Act), there is hereby authorized to be appropriated for the fiscal year ending June 30, 1968, the sum of $1,980,000,000, of which, suJDJect to the provisions of section 616 of such Act, the amounts appropriated or made available by appropriation Act shall not exceed $295,000,000 for the purpose of carrying out the provisions of part A of title I of such Act, $476,000,000 for the purpose of carrying out part B of title I, $60,000,000 for the purpose of carrying out part D of title I, $950,000,000 for the purpose of carrying out title II, $20,000,000 for the purpose of carrying out part A of title III, $27,000,000 for the pur-pose of carrying out part B of title III, $10,000,000 for the purpose of carrying out section 406 of title IV, $70,000,000 for the purpose of carrying out part A of title V, $25,000,000 for the purpose of carrying out part B of title V, $16,000,000 for the purpose of carrying out title VI, and $31,000,000 for the purpose of carrying out title VIII, aud there is authorized to be appropriated $2,180,000,000 for the fiscal year ending June 30, 1969, TITLE I — AMENDMENTS TO THE ECONOMIC O P P O R T U N I T Y ACT JOB CORPS AMENDMENTS

78 Stat. 508. 42 USC 2711-

272*2.

SEC. 101. Part A of title I of the Economic Opportunity Act of 1964 is amended to read as follows: " P A R T A — J O B CORPS "STATEMENT OF PURPOSE

"SEC. 101. This part establishes a Job Corps for low-income, disadvantaged young men and women, sets forth standards and procedures for selecting individuals as enrollees in the Job Corps, authorizes the establishment of residential and/or nonresidential centers in which enrollees will participate in intensive programs of education, vocational training, work experience, counseling, and other activities, and prescribes various other powers, duties, and responsibilities incident to the operation and continuing development of the Job Corps. Its purpose is to assist young persons who need and can benefit from an unusually intensive program, operated in a group setting, to become more responsible, employable, and productive citizens; and to do so in a way that contributes, where feasible, to the development of National, State, and community resources, and to the development and dissemination of techniques for working with the disadvantaged that can be widely utilized by public and private institutions and agencies.

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 81

STAT.]

PUBLIC LAW 90-222-DEC. 23, 1967 "ESTABLISHMENT OF THE JOB CORPS

"SEC. 102. There is hereby established within the Office of Economic Opportunity a 'Job Corps'. " l N D IV H) U A L S ELIGIBLE FOR THE J O B CORPS

"SEC. 103. To become an enrollee in the J o b Corps, a young man or woman must be a person who— "(1) is a permanent resident of the United States who has attained age fourteen but not attained age twenty-two at the time of enrollment; "(2) is a low-income individual or member of a low-income family who requires additional education, training, or intensive counseling and related assistance in order to secure and hold meaningful employment, participate successfully in regular schoolwork, qualify for other training programs suitable to his needs, or satisfy Armed Forces requirements; "(3) is currently living in an environment so characterized by cultural deprivation, a disruptive homelife, or other disorienting conditions as to substantially impair his prospects for successful participation in any other program providing needed training, education, or assistance; "(4) is determined, after careful screening as provided for in sections 104 and 105, to have the present capabilities and aspirations needed to complete and secure the full benefit of the program authorized in this part, and to be free of medical and behavioral problems so serious that he could not or would not be able to adjust to the standards of conduct and discipline or pattern of work and training which that program involves; and "(5) meets such other standards for enrollment as the Director may prescribe (including special standards for the enrollment on a residential basis of 14 and 15 year olds) and agrees to comply with all applicable Job Corps rules and regulations, "SCREENIING A N D SELECTION OF A P P L I C A N T S

GENERAL PROVISIONS

"SEC. 104. (a) The Director shall prescribe necessary rules for the screening and selection of applicants for enrollment in the J o b Corps. To the extent practicable, these rules shall be implemented through arrangements which make use of agencies and organizations such as community action agencies, public employment offices, professional groups, and labor organizations. The rules shall establish specific standards and procedures for conducting screening and selection activities; shall encourage recruitment through agencies and individuals having contact with youths over substantial periods of time and able, accordiligly, to offer reliable information as to their needs and problems; and shall provide for necessary consultation with other individuals and organizations, including court, probation, parole, law enforcement, education, welfare, and medical authorities and advisers. They shall also provide for— " (1) the interviewing of each applicant for the purpose of— " (A) determining whether his educational and vocational needs can best be met through the J o b Corps or any alternative program in his home community; " (B) obtaining from the applicant pertinent data relating to his background, needs, and interests for evaluation in determining his eligibility and potential assignment; and

673

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 674

PUBLIC LAW 90-222-DEC. 23, 1967

[81 STAT.

" (C) giving the applicant a full understanding of the Job Corps program and making clear what will be expected of him as an enrollee in the event of his acceptance. "(2) the conduct of a careful and systematic inquiry concerning the applicant's background for the effective development and, as appropriate, clarification of information concerning his age, citizenship, school and draft status, health, employability, past behavior, family income, environment, and other matters related to a determination of his eligibility. " (b) The Director shall make no payments to any individual or organization solely as compensation for the service of referring the names of candidates for enrollment in the Job Corps. "(c) The Director shall take all necessary steps to assure that the enrollment of the Job Corps includes an appropriate number of candidates selected from rural areas, taking into account the proportion of eligible youth who reside in rural areas and the need to provide residential facilities for such youth in order to meet problems of wide geographic dispersion. " S C R E E N I N G AND S ELECTION — S P E C I A L

LIMITATIONS

"SEC. 105. (a) Xo individual shall be selected as an enrollee unless it is determined that there is reasonable expectation that he can participate successfully in group situations and activities with other enrollees, that he is not likely to engage in actions or behavior that would prevent other enrollees from receiving the benefit of the program or be incompatible with the maintenance of sound discipline and satisfactory relationships between any center to which he might be assigned and surrounding communities, and that he manifests a basic understanding of both the rules to which he will be subject and of the consequences of failure to observe those rules. Before selecting an individual who has a history of serious and violent behavior against persons or property repetitive delinquent acts, narcotics addiction, or other major behavioral aberrations, the Director shall obtain a finding from a professionally qualified person who knows such potential enrollee's individual situation that there is reasonable expectation that his conduct will not be inimical to the goals and success of the Job Corps and that the opportunity provided by the Job Corps will help him to overcome his problem. " (b) An individual who otherwise qualifies for enrollment may be selected even though he is on probation or parole, but only if his release from the immediate supervision of the cognizant probation or parole officials is mutually satisfactory to those officials and the Director and does not violate applicable laws or regulations, and if the Director has arranged to provide all supervision of the individual and all reports to State or other authorities that may be necessary to comply with applicable probation or parole requirements. li

65 Stat. 75. Ante, p 100.

ENROLLMENT AND

ASSIGNMENT

"SEC. 106. (a) No individual may be enrolled in the Job Corps for more than two years, except as the Director may authorize in special cases. "(b) Enrollment in the Job Corps shall not relieve any individual of obligations under the Universal Military Training and Service Act (^0 U.S.C. App. 451 et seq.).

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PUBLIC LAW 90-222-DEC. 23, 1967

675

"(c) Each enrollee (other than a native and citizen of Cuba de- Loyalty oath. scribed in section 609(3) of this Act or a permanent resident of the ^« P- ''^^• Trust Territory of the Pacific Islands) must take and subscribe to an oath or affirmation in the following form: ' I do solemnly swear (or affirm) that I bear true faith and allegiance to the United States of America and will support and defend the Constitution and laws of the United States against all its enemies foreign and domestic' The provisions of section 1001 of title 18, United States Code, shall be appli- 62 Stat. 749. cable to this oath or affirmation. " (d) After the Director has determined whether an enrollee is to be assigned to a men's training center, a conservation center, or a women's training center, the center to which he shall be assigned shall be that center of the appropriate type in which a vacancy exists which is closest to the enrollee's home, except that the Director, on an individual basis, may waive this requirement when overriding considerations justify such action. Assignments to centers in areas more remote from the enrollee's home shall be carefully limited to situations in which such action is necessary in order to insure an equitable opportunity for disadvantaged youth from various sections of the country to participate in the program, to prevent undue delays in the assignment of individual enrollees, to provide an assignment which adequately meets the educational or other needs of the enrollee or is necessary for efficiency and economy in the operation of the program. " (e) Assignments of male enrollees shall be made so that, at any one time, at least 40 per centum of those enrollees are assigned to conservation centers, as described in section 107, or to other centers or projects where their work activity is primarily directed to the conservation, development, or management of public natural resources or recreational areas and is performed under the direction of personnel of agencies regularly responsible for those functions. "JOB

CORPS CENTERS

"SEC. 107. (a) The Director may make agreements with Federal, State, or local agencies, or private organizations for the establishment and operation of J o b Corps centers. These centers may be residential and/or nonresidential in character and shall be designed and operated so as to provide enrollees, in a well-supervised setting, with education, vocational training, work experience (either in direct program activities or through arrangements with employers), counseling, and Civilian Conother services appropriate to their needs. The centers shall include servation Cenconservation centers, to be known as Civilian Conservation Centers, to teVs be located primarily in rural areas and to provide, in addition to other training and assistance, programs of work experience focused upon activities to conserve, develop, or manage public natural resources or public recreational areas or to assist in developing community projects in the public interest. They shall also include men's and women's training centers to be located in either urban or rural areas and to provide activities which shall include training and other services appropriate for enrollees who can be expected to participate successfully in training for specific types of skilled or semiskilled employment. " (b) To the extent feasible, men's and women's training centers shall offer education and vocational training opportunities, together with supportive services, on a nonresidential basis to participants in programs described in part B of this title. Such opportunities may be ^°^^' ^' ^®^' offered on a reimbursable basis or through such other arrangements as the Director may specify.

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PUBLIC LAW 90-222-DEC. 23, 1967

[81

STAT.

'PROGRAM ACTVITIES

Enrollee education and voc a t i o n a l training.

High school equivalency certificates.

"SEC. 108. (a) Each Job Corps center shall be operated so as to provide enrollees with an intensive, well-organized and fully supervised program of education, vocational training, work experience, planned avocational and recreational activities, physical rehabilitation and development, and counseling. To the fullest extent feasible, the required program for each enrollee shall include activities designed to assist him hi choosing realistic career goals, coping with problems he may encounter in his home community or in adjusting to a new community, and planning and managing his daily affairs in a manner that will best contribute to long-term upw^ard mobility. Center programs shall include required participation in center maintenance support and related work activity as appropriate to assist enrollees in increasing their sense of contribution, responsibility, and discipline. "(b) To the extent practicable, the Director may arrange for enrollee education and vocational training through local public or private educational agencies, vocational educational institutions, or technical institutes where these institutions or institutes can provide training comparable in cost and substantially equivalent in quality to that which he could provide through other means. "(c) Arrangements for education shall, to the extent feasible, provide opportunities for qualified enrollees to obtain the equivalent of a certificate of graduation from high school; and the Director, with the concurrence of the Secretary of Health, Education, and Welfare, shall develop certificates to be issued to enrollees who have satisfactorily completed their services in the Job Corps and which will reflect the enrollee's level of educational attainment. " (d) The Director shall prescribe regulations to assure that Job Corps work-experience programs or activities do not displace presently employed workers or impair existing contracts for service and will be coordinated with other work-experience programs in the community. aALLOWANCE AND

SUPPORT

"SEC. 109. (a) The Director may provide enrollees with such personal, travel, and leave allowances, and such quarters, subsistence, transportation, equipment, clothing, recreational services, and other expenses as he may deem necessary or appropriate to their needs. Personal allowances shall be established at a rate not to exceed $35 per month during the first six months of an enrollee's participation in the program and not to exceed $50 per month thereafter, except that allowances in excess of $35 per month, but not exceeding $50 per month, may be provided from the beginning of an enrollee's participation if it is expected to be of less than six months' duration, and the Director is authorized to pay personal allowances in excess of the rates specified herein in unusual circumstances as determined by him. Such allowances shall be graduated up to the maximum so as to encourage continued participation in the program, achievement and the best use by the enrollee of the funds so provided and shall be subject to reduction in appropriate cases as a disciplinary measure. To the degree reasonable, enrollees shall be required to meet or contribute to costs associated with their individual comfort and enjoyment from their personal allowances. " (b) The Director shall prescribe specific rules governing the accrual of leave by enrollees. Except in the case of emergency, he shall in no event assume transportation costs connected with leave of any enrollee who has not completed at least six months service in the J o b Corps.

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