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20 sufficient knowledge and experience to make a Governor of a Colony there. But on this ground, on the Stamp Act, where so many here will think it a crying injustice, I am one who will lift up my hands against it.

'In such a cause even your success would be hazardous. America, if she fell, would fall like the strong man. She would embrace the pillars of the State, and pull down the Constitution along with her.

'Is this your boasted peace? To sheathe the sword, not in its scabbard, but in the bowels of your countrymen! ... The Americans have not acted in all things with prudence and temper.' No indeed, their violence and their insults at Boston have infuriated even moderate men at home. But, says Pitt, 'The Americans have been wronged. They have been driven to madness by injustice. Will you punish them for the madness which you have occasioned?

'Rather let prudence and temper come from this side. I will undertake for America that she will follow the example.

'There are two lines in a ballad of Prior's, of a man's behaviour to his wife, so applicable to you and your colonies that I cannot help repeating them:

'Upon the whole, I will beg leave to tell the House what is really my opinion. It is that the Stamp Act be repealed absolutely, totally, and immediately. That the reason for the repeal be assigned, because it was founded on an erroneous principle.'

Is it fanciful to imagine that this playful and yet serious quotation would have flowed more naturally from some of our best Parliamentary orators than from others? I seem as if I could almost hear it from the lips of Charles Fox, of George Canning, of Lord Derby,

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783

damage relates to property of the United States Postal Service chargeable to its officers or employees". (5) Section 3a of the Government Tosses in Shipment Act as added by section 2 of the Act of August 10, 1939 (53 Stat. 1358; 40 U.S.C. 724), is amended (A) by striking out the colon immediately preceding the proviso and inserting a period in lieu thereof; and (B) by striking out the proviso. (n) Section 602(i) of the Act of August 20, 1964 (78 Stat. 529; 42 U.S.C. 2942(i)), is amended by striking out "section 4154 of title 39, United States Code" and inserting in lieu thereof "section 3204 of title 39, United States Code". (o) Whenever any reference is made in any provision of law (other than this Act or a provision of law amended by this Act), regulation, rule, record, or document to the Post Office Department, the Postal Service, the postal field service, the field postal service, or the departmental service or departmental headquarters of the Post Office Department, such reference shall be considered a reference to the United States Postal Service. Any reference to any officer or employee of the Post Office Department, the Postal Service, the postal field service, the field postal service, or the departmental service or departmental headquarters of the Post Office Department shall be deemed a reference to the appropriate officer or employee of the United States Postal Service. (p) Whenever reference is made in any provision of law (other than this Act or provision of law amended by this Act), regulation, rule, record, or document to a postal inspector or chief postal inspector of the Post Office Department, such reference shall be deemed to be a i*eference to the appropriate officer or employee of the United States Postal Service who performs duties related to the inspection of postal matters. (q) Whenever reference is made in any law to title 39, United States Code, or provision of that title, as such title or provision existed prior to the effective date of this section, that reference shall be considered a reference to the appropriate provision of title 39, as amended by section 2 of this Act, unless no such provision is included therein. STUDY o r PRIVATE CARRIAGE OF M A I L

SEC. 7. The Congress finds that advances in communications technology, data processing, and the needs of mail users require a complete study and thorough reevaluation of the restrictions on the private carriage of letters and packets contained in chapter 6 of title 39, United States Code (as enacted by section 2 of this Act), and sections ^"'«' P* ^27. 1694-1696 of title 18, United States Code, and the regulations estab- ^2 Stat. 776. lished and administered under these laws. The Board of Governors of Reports to the United States Postal Service shall submit to the President and congU^s". ^" the Congress within 2 years after the effective date of this section a renort and recommendation for the modernization of these provisions of law, and such regulations and administrative practices. TRANSFER OF POST OFFICE DEPARTMENT

PERSONNEL

SEC. 8. Officers and employees of the Post Office Department shall become officers and employees of the United States Postal Service on the effective date of this section. The provisions of this section shall not applv to persons occupying the positions of Postmaster General, Deputy Postmaster General, Assistant Postmasters General, General Counsel, or Judicial Officer. This section shall not be construed, however, to prohibit the appointment of such persons to positions in the Postal Service.

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Page:United States Statutes at Large Volume 84 Part 1.djvu/842

 784

PUBLIC LAW 91-375-AUG. 12, 1970 COMPENSATION

OF

[84 STAT.

EMPLOYEES

SEC. 9. (a) The Postmaster General, under regulations made by him, shall increase the rates of basic pay or compensation of employees in the Post Office Department so that such rates will equal, as nearly as practicable, 108 percent of the rates of basic pay or compensation in effect immediately prior to the date of enactment of this Act. Such increases shall take effect on the first day of the first pay period which begins on or after April 16, 1970. Retroactive (b) Retroactive pay, compensation, or salary shall be paid by reacompensation. son of this Act only in the case of an individual in the service of the United States (including service in the Armed Forces of the United States) on the date of enactment of this Act, except that such retroactive pay, compensation, or salary shall be paid— (1) to an officer or employee who retired, during the period beginning on the first day of the first pay period which began on or after April 16, 1970, and ending on the date of enactment of this Act, for services rendered during such period; and (2) in accordance with subchapter VIII of chapter 55 of title 80 Stat. 495; 5^ United States Code, relating to settlement of accounts, for ^^^us^c 558^1*. services rendered, during the period beginning on the first day of the first pay period which began on or after April 16, 1970, and ending on the date of enactment of this Act, by an officer or employee who died during such period. Such retroactive pay, compensation, or salary shall not be considered as basic pay for the purposes of subchapter III of chapter 83 of title sa^statfVae!^' ^' United States Code, relating to civil service retirement, or any 5 USC 833*1. other retirement law or retirement system, in the case of any such retired or deceased officer or employee. (c) For the purposes of this section, service in the Armed Forces of the United States, in the case of an individual relieved from training and service in the Armed Forces of the United States or discharged from hospitalization following such training and service, shall include the period provided by law for the mandatory restoration of such individual to a position in or under the Government of the United States. (d) For purposes of determining the amount of insurance for which an individual is eligible under chapter 87 of title 5, United States 81 Stat.^*2i9, ' Code, relating to group life insurance for Government employees, all 646. changes in rates of pay, compensation, and salary which result from 5 USC 8701. ^j^^ enactment of this section shall be held and considered to become effective as of the date of such enactment. (e) No rate of basic pay or compensation, in excess of the rate of basic pay for GS-18 of the General Schedule in section 5332 of title 5, Ante, p. 198-1. "[jnited States Code, shall be paid by reason of the enactment of this section. LABOR A G R E E M E N T S

SEC. 10. (a) As soon as practicable after the enactment of this Act, the Postmaster General and the labor organizations which as of the effective date of this section hold national exclusive recognition rights granted by the Post Office Department, shall negotiate an agreement or agreements covering wages, hours, and working conditions of the employees represented by such labor organizations. The parties shall commence bargaining for such agreement or agreements not later than 30 days following delivery of a written request therefor by a labor organization to the Postmaster General or by the Postmaster

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PUBLIC LAW 91-375-AUG. 12, 1970

General to a labor organization. Any agreement made pursuant to this section shall continue in force after the commencement of operations of the United States Postal Service in the same manner and to the same extent as if entered into between the Postal Service and recognized collective-bargaining representatives under chapter 12 of title 39, United States Code. (b) Any agreement negotiated under this section shall establish a new wage schedule whereunder postal employees will reach the maximum pay step for their respective labor grades after not more than 8 years of satisfactory service in such grades. The agreements shall provide that where an employee had sufficient satisfactory service in the pay step he occupied on the effective date of this section to have qualified for advancement to the next highest pay step under the new wage schedule, had such schedule been in effect throughout the period of such service, the employee shall be advanced to such next highest pay step in the new schedule on the effective date of the new schedule. (c) An agreement made under this section shall become effective at any time after the commencement of bargaining, in accordance with the terms thereof. The Postmaster General shall establish wages, hours, and working conditions in accordance with the terms of any agreement or agreements made under this section notwithstanding the provisions of any law other than title 39. (d) If the parties fail to reach agreement within 90 days of the commencement of collective bargaining, a fact-finding panel will be established in accordance with the terms of section 1207(b) of title 39, United States Code, unless the parties have previously agreed to another procedure for a binding resolution of their differences. If the parties fail to reach agreement within 180 days of the commencement of collective bargaining, and if they have not agreed to another procedure for binding resolution, an arbitration board shall be established to provide conclusive and binding arbitration in accordance with the terms of section 1207(c) of such title. (e) Agreements made pursuant to this section and expenditures made under such agreements shall not be subject to the provisions of section 3679 of the Revised Statutes, as amended (31 U.S.C. 665). (f) For the purposes of this section, references to title 39 and sections of title 39 are references to title 39, United States Code, as enacted by section 2 of this Act. SEPARABILITY A N D LEGISLATIVE

CONSTRUCTION

SEC. 11. (a) If a part of title 39, United States Code, as enacted by section 2 of this Act, is held invalid, the remainder of such title shall not be affected thereby; and if any other part of this Act is held to be invalid, the remainder of the Act shall not be affected thereby. (b) An inference of a legislative construction is not to be drawn by reason of a chapter in title 39, United States Code, as enacted by section 2 of this Act, in which a section is placed nor by reason of the caption or catchline. TRANSITIONAL EXPENSES

SEC. 12. Expenses of the United States Postal Service and the Postal Rate Commission, established under section 2 of this Act, from the date of enactment of this Act until the date of commencement of operations of the Postal Service and the Commission, shall be deemed to be necessary expenses of the administration of the Post Office Department as now constituted.

785

An^e, p. 733.

Ante, p. 73s,

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PUBLIC LAW 91-375-AUG. 12, 1970

[84 STAT.

APPOINTMENT OF POSTMASTERS AND OTHER EMPLOYEES ON M E R I T BASIS

Ante,

p. 728.

80 Stat. 417. 5 USC 3301 et seq.

Political test, prohibition.

74 Stat. 610.

Exception.

SEC. 13. (a) Between the date of enactment of this Act and the date on which the Board of Governors of the United States Postal Service determines that section 1001 of title 39, United States Code (as enacted by section 2 of this Act), is effective, the Postmaster General shall appoint postmasters at offices of all classes in the competitive civil service by one of the three following methods which shall be applied in the following order of precedence: (1) by selection of a qualified employee serving at the post office where the vacancy occurs, including an acting postmaster who was serving on January 1, 1969, who shall acquire a competitive status upon being appointed postmaster; (2) if no qualified employee serving at the post office where the vacancy occurs is available for, and willing to accept, appointment by the method described in subparagraph (1), by selection of a qualified employee serving in the postal field service; or (3) if no qualified employee is available for, and willing to accept, appointment by the methods described in subparagraph (1) or (2), by competitive examination in accordance with the provisions of title 5, United States Code, governing appointments m the competitive service. Enactment of this subsection shall not affect the status or tenure of postmasters in office on the date of enactment of this Act. (b)(1) In the selection, appointment, and promotion of employees of the Post Office Department between the date of enactment of this Act and the date on which the Board of Governors of the Postal Service determines that former section 3311 of title 39, United States Code, is no longer effective, no political test or qualification shall be permitted or given consideration, and all such personnel actions shall be taken on the basis of merit and fitness. Any officer or employee of the Post Office Department who violates this subsection shall be removed from office or otherwise disciplined in accordance with procedures for disciplinary action established pursuant to law. (2) This subsection does not apply to the selection and appointment of officers whose appointment is vested in the President, by and with the advice and consent of the Senate, or to the selection, appointment, or promotion to a position designated by the Civil Service Commission as a position of a confidential or policy-determining character or as a position to be filled by a noncareer executive assignment. I N V A S I O N o r PRIVACY BY M A I L I N G OF SEXUALLY ORIENTED ADVERTISEMENTS

SEC. 14. (a) The Congress finds— (1) that the United States mails are being used for the indiscriminate dissemination of advertising matter so designed and so presented as to exploit sexual sensationalism for commercial gain; (2) that such matter is profoundly shocking and offensive to many persons who receive it, unsolicited, through the mails; (3) that such use of the mails constitutes a serious threat to the dignity and sanctity of the American home and subjects many persons to an unconscionable and unwarranted intrusion upon their fundamental personal right to privacy; (4) that such use of the mail reduces the ability of responsible parents to protect their minor children from exposure to material which they as parents believe to be harmful to the normal and healthy ethical, mental, and social development of their children; and

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PUBLIC LAW 91-376-AUG. 12, 1970

(5) that the traffic in such offensive advertisements is so large that individual citizens will be helpless to protect their privacy or their families without stronger and more effective Federal controls over the mailing of such matter, (b) On the basis of such findings, the Congress determines that it is contrary to the public policy of the United States for the facilities and services of the United States Postal Service to be used for the distribution of such materials to persons who do not want their privacy invaded in this manner or to persons who wish to protect their minor children from exposure to such material. EFFECTIVE DATES

SEC. 15. (a) Except as provided in subsection (b) of this section, this section and sections 9 through 13 of this Act, and sections 202, 203, 205 (b) and (c), 206, and 401(2), and subchapter I of chapter 36 of title 39, United States Code, as enacted by section 2 of this Act, shall become effective on the date of enactment of this Act. Except as otherwise provided in this Act, the other provisions of this Act shall become effective within 1 year after the enactment of this Act on the date or dates established therefor by the Board of Governors and published by it in the Federal Eegister. References to the Postal Service in any provision of this Act (other than a provision referred to in the first sentence of this subsection) which becomes effective before the Postal Service commences operations shall be held and considered to refer to the Post Office Department until the Postal Service commences operations. (b) Sections 3010 and 3011 of title 39, United States Code, as enacted by section 2 of this Act, and sections 1735, 1736, and 1737 of title 18, United States Code, as enacted by section 6(j) of this Act, shall become effective on the first day of the sixth month which begins after the date of enactment of this Act. Approved August 12, 1970.

Ante, PP- 784, 720, 722, 758.

P u b l i c a t i o n in Federal Register.

Ante, p. 749, Ante, p. 7 8 1.

Public Law 91-376 AN ACT August 12, 1970 To amend title 38. United States Code, to increase the r a t e s of compensation [s. 3348] for disabled veterans, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United /States of America in Congress assembled, That (a) section ofsabuity cl4 of title 38, United States Code, is amended— compensation, (1) by striking out "$23" in subsection (a) and inserting in lieu i n c r e a s e. 82 Stat. 808. thereof "$25; (2) by striking out "$43 in subsection (b) and inserting in lieu thereof "$46"; (3) by striking out "$65" in subsection (c) and inserting in lieu thereof "$70"; (4) by striking out "$89" in subsection (d) and inserting in lieu thereof "$96'^; (5) by striking out "$122" in subsection (e) and inserting in lieu thereof "$135"; (6) by striking out "$147" in subsection (f) and inserting in lieu thereof "$163";

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 788

Rate adjustments. 72 Stat. 1263. 38 USC p r e c. 101 note. 38 USC 301. Additional compensation for dependents. 79 Stat. 1154.

Certain dise a s e s and d i s abilities, presumptions.

PUBLIC LAW 91-376-AUG. 12, 1970

[84 STAT.

(7) by striking out "$174" in subsection (g) and inserting in lieu thereof "$193"; (8) by striking out "$201" in subsection (h) and inserting in lieu thereof "$223"; (9) by striking out "$226" in subsection (i) and inserting in lieu thereof "$250"; (10) by striking out "$400" in subsection (j) and inserting in lieu thereof "$450"; (11) by striking out "$500" and "$700" in subsection (k) and inserting in lieu thereof "$560" and "$784", respectively; (12) by striking out "$500" in subsection (1) and inserting in lieu thereof "$560"; (13) by striking out "$550" in subsection (m) and inserting in lieu thereof "$616"; (14) by striking out "$625" in subsection (n) and inserting in lieu thereof "$700"; (15) by striking out "$700" in subsections (o) and (p) and inserting in lieu thereof "$784"; (16) by striking out "$300" in subsection (r) and inserting in lieu thereof "$336"*; and (17) by striking out "$450" in subsection (s) and inserting in lieu thereof "$504". (b) The Administrator of Veterans' Affairs may adjust administratively, consistent with the increas^es authorized by this section, the rates of disability comT>:nsation payable to persons within the purvaew of section 10 of Public Law 85-857 who are not in receipt of compensation payable pursuant to chapter 11 of title 38, Ignited States Code. SEC. 2. Section 315(1) of title 38, United States Code, is amended— (1) by striking out "$25" in subparagraph (A) and inserting in lieu thereof "$28"; (2) by strikinjz out "$43" in subparagraph (B) and inserting in lieu thereof "$48"; (3) by striking out "$55" in subparagraph (C) and inserting in lieu thereof "$61"; (4) by striking out "$68" and "$13" in subparagraph (D) and inserting in lieu thereof "$75" and "$14", respectively; (5) by striking out "$17" in subparagraph (E) and inserting in lieu thereof "$19"; (6) by striking out "$30" in subparagraph (F) and inserting in lieu thereof "$33"; (7) by striking out "$43" and "$13" in subparagraph (G) and inserting in lieu thereof "$48" and "$14", respectively; (8) by striking out "$21" in subparagraph (H) and inserting in lieu thereof "$23''; and (9) by striking out "$40" in subparagraph (I) and inserting in lieu thereof "$44". SEC. 3. (a) Section 312 of title 38, United States Code, is amended by striking out "For" at the beginning of such section and inserting in lieu thereof " (a) For"; and by adding the following new subsections: " (b) For the purposes of subsection (c) of this section, any veteran who, while serving in the active military, naval, or air service, was held as a prisoner of war for not less than six months by the Imperial Japanese Government or the German Government during World W a r II, by the Government of North Korea during the Ko-

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PUBLIC LAW 91-376-AUG. 12, 1970

rean conflict, or by the Government of North Korea, the Government of North Vietnam or the Viet Cong forces during the Vietnam era, or by their respective agents, shall oe deemed to have suffered from dietary deficiencies, forced labor, or inhumane treatment in violation of the terms of the Geneva Conventions of July 27, 1929, and August 12, 1949. " (c) For the purposes of section 810 of this title and subject to the provisions of section 813 of this title, in the case of any veteran who, while serving in the active military, naval, or air service and while held as a prisoner of war by an enemy government, or its agents during World W a r II, the Korean conflict, or the Vietnam era, suffered from dietary deficiencies, forced labor, or inhumane treatment (in violation of the terms of the Geneva Conventions of July 27, 1929, and August 12, 1949), the disease of— "(1) Avitaminosis, Beriberi (including beriberi heart disease), Chronic dysentary, Helminthiasis, Malnutrition (including optic atrophy associated with malnutrition). Pellagra, or Any other nutritional deficiency, which became manifest to a degree of 10 per centum or more after such service; or "(2) Psychosis which became manifest to a degree of 10 per centum or more within two years from the date of separation from such service; shall be considered to have been incurred in or aggravated by such service, notwithstanding that there is no record of such disease during the period of service." (b) The catchline of section 812 of such title is amended to read as follows: "§ 312. Presumptions relating to certain diseases and disabilities*' (c) The table of sections at the beginning of chapter 11 of such title is amended by striking out

789

f^^^'^'-J^i^^2 Stat. 1119.

"312. Presumptions relating to certain diseases."

and inserting in lieu thereof the following: "312. Presumptions relating to certain diseases and disabilities."

SEC. 4. Subsection (d) of section 103 of title 38, Laiited States Code, widows, marital is amended by inserting " (1);' immediately after " (d) " and by adding pTolVsio^s!'' at the end thereof the following: ' 72 Stat. iio9; "(2) The remarriage of the widow of a veteran shall not bar the ^^ ^*^'- ^^^• furnishing of benefits to her as the widow of the veteran if the remarriage has been terminated by death or has been dissolved by a court with basic authority to render divorce decrees unless the Veterans' Administration determines that the divorce was secured through fraud by the widow or collusion. " (3) If a widow ceases living with another man and holding herself out openly to the public as his wife, the bar to granting her benefits as the widow of the veteran shall not apply." SEC. 5. (a) If a widow terminates a relationship or conduct which Denial of beneresulted in imposition of a prior restriction on payment of benefits, in ^' ^^P°"the nature of inference or presumption of remarriage, or relating to open and notorious adulterous cohabitation or similar conduct, she shall

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 790

Effective date.

Duplication, prohibition. 72 Stat. 1230.

Awards, effective dates. 76 Stat. 948.

Supra. D e c i s i o n s by Administrator. 72 Stat. 1115. 79 Stat. 886. 38 USC 18011827,

7 2 Stat. 1229. 38 USC 31013 110.

76 Stat. 558.

PUBLIC LAW 91-376-AUG. 12, 1970

[84

STAT.

not be denied any benefits by the Veterans' Administration, other than insurance, solely because of such prior relationship or conduct. (b) The effective date of an award of benefits resulting from enactment of subsection (a) of this section shall not be earlier than the date of receipt of application therefor, filed after termination of the particular relationship or conduct and after December 31, 1970. SEC. 6. Subsection (b) of section 3104 of title 38, United States Code, is amended by striking out "paragraph (2) " in paragraph (1) thereof and inserting in lieu thereof "paragraphs (2) and (3)", and by adding at the end thereof the following new paragraph: "(3) Benefits other than insurance under laws administered by the Veterans' Administration may not be paid to any person by reason of the death of more than one person to whom he or she was married; however, the person may elect one or more times to receive benefits by reason of the death of any one spouse." SEC. 7. Section 3010 of title 38, United States Code, is amended by adding at the end thereof the following new subsections: "(1) The effective date of an award of benefits to a widow based upon termination of a remarriage by death or divorce shall be the date of death or the date the judicial decree or divorce becomes final, if an application therefor is received within one year from such termination. " (m) The effective date of an award of benefits to a widow based upon termination of actions described in subsection 103(d)(3) of this title shall not be earlier than the date of receipt of application therefor filed after termination of such actions and after December 31, 1970." SEC. 8. (a) Subsection 211(a) of title 38, United States Code, is amended to read as follows: " (a) On and after October 17, 1940, except as provided in sections 775, 784, and as to matters arising under chapter 37 of this title, the decisions of the Administrator on any question of law or fact under any law administered by the Veterans' Administration providing benefits for veterans and their dependents or survivors shall be final and conclusive and no other official or any court of the United States shall have power or jurisdiction to review any such decision by an action in the nature of mandamus or otherwise." (b) Chapter 53 of title 38, United States Code, is amended by adding at the end the following: "§3111. Prohibition of certain benefit payments "There shall be no payment of dependency and indemnity compensation, death compensation, or death pension which, because of a widow's relationship with another man before enactment of Public Law 87-674, would not have been payable by the Veterans' Administration under the standard for determining remarriage applied by that agency before said enactment." (c) The analysis of such chapter 53 is amended by adding at the end the following: •'3111. Prohibition of certain beiieflt payments. "

Effective dates.

SEC. 9. The first two sections of this Act take effect July 1, 1970. Sections 4, 5, 6, and 7 take effect January 1, 1971. Approved August 12, 1970.

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791

Public Law 91-377 AN ACT To amend the Railroad Retirement Act of 1937 to provide a temporary 15 per centum increase in annuities, to change for a temporary period the method of computing interest on investments of the railroad retirement accounts, and for other purposes.

August 12, 1970 [H. R. 15733]

Be it enacted by the Senate and House of Rejyref^entatives of the Uinted State-H of America in Congress assembled. That section 3(a) Rauroad Reof the Railroad Retirement iVct of 1937 is amended by inserting at the "gl^f a'mfuuiel, end thereof the following paragraph: increase. 82 Stat. 17. "(3) The amiuity computed under paragraphs (1) and (2) of this 45 USC 2 2 8 c. subsection and that part of subsection (e) of this section which precedes the first proviso shall be increased by 15 per centum but not by more than $50. If the individual entitled to such annuity is also entitled to a benefit for the same month under title II of the Social Security Act, there shall be offset against the increase herein provided for any 49 Stat. 622. amount by which such individual's social security benefit was increased " ^ ^^^ 40 w29. ^ by the Social Security Amendments of 1969, but in no case shall such 83 Stat. 737. offset operate to reduce the increase below $10." "^^ "^^ ^^^ "°*^' SEC. 2. (a) Section 2(e) of the Railroad Retirement Act of 1937 is 65 Stat. ess. amended by inserting "without regard to section 3(a)(3) of this Act" '*^ "^*^ ^^^''" after "of such individual's aimuity" and by inserting "as in effect before 1970'' after "or pension" and by inserting at the end thereof the following paragraph: "The spouse's annuity computed under other provisions of this section shall be increased by 15 per centum but not by more than $25. If the individual entitled to such annuity is also entitled to a benefit for the same month under title II of the Social Security Act, there shall be offset against the increase herein provided for any amount by which such individual's social security benefit was increased by the Social Security Amendments of 1969, but in no case shall such offset operate to reduce the increase below $5. The two preceding sentences shall not operate to increase the annuity to an amount in excess of the maximum amount of a spouse's annuity as provided in the first sentence of this subsection." (b) Section 2(i) of the Railroad Retirement Act of 1937 is amended 8° Stat. 1075; by inserting "without regard to the last paragraph of such subsection 45 USC 228b. (e) " after "subsections (e) and (h) of this section". SEC. 3. Section 5 of the Railroad Retirement Act of 1937 is amended 82 Stat. 21. by striking from subsection (m) the words "other provisions" wherever they appear in such subsection and substituting in lieu thereof in each instance the words "preceding provisions", and by inserting at the end thereof the following subsection: " (n) The annuity coniDuted under the preceding provisions of this section shall be increased by 15 per centum but not by more than $25. If the individual entitled to such annuity is also entitled to a benefit for the same month under title II of the Social Security Act, there shall be offset against the incre;ise herein provided for any amount by which such individual's social security benefit was increased by the Social Security Amendments of 1969, but in no case shall such offset operate to reduce the increase below $5." SEC. 4. (a) The provisions of this Act shall be effective with respect Effective date. to annuities accruing for months after December 1969 and with respect to ]>ensions due in calendar months after January 1970. For the purposes of this Act, (i) any increase in an individual's social security benefit based on recomputations other than for the correction of errors after the first adjustment, or derived from legislation enacted after the Social Security Amendments of 1969, shall be disregarded, and 47-348 0 - 7 2 - 5 4 (Pt. 1)

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PUBLIC LAW 91-377-AUG. 12, 1970

50 Stat. 45 USC 49 Stat. 45 USC notes.

312. 228f. 967. 215-228

60 Stat. 729; 82 Stat. 19; 80 Stat. 1082. 45 USC 228e.

49 Stat. 622. 42 USC 401-429.

83 Stat. 737. 42 USC 401 note.

Ante,

p. 791.

81 Stat. 8 2 1. 42 USC 302 note.

77 Stat. 220; 80 Stat. 1074. 45 USC 228o. Annuity inc r e a s e, termination date.

e o m m i s s i o n on Railroad Retirement.

50 Stat. 314; 82 Stat. 2 1. 45 USC 228j.

[84 STAT.

(ii) the increases, offsets and reductions provided for herein, shall apply before any reduction in an annuity on account of age. (b)(1) All pensions under section 6 of the Railroad Retirement Act of 1937, and all annuities under the Railroad Retirement Act of 1935 shall be increased by 15 per centum; all survivor annuities deriving from joint and survivor annuities under the Railroad Retirement Act of 1987 and all widows' and widowers' insurance annuities which, in accordance with the proviso in section 5(a) or section 5(b) of the Railroad Retirement Act of 1987 are payable in the amount of the spouse's annuity to which the widow or widower was entitled shall, in cases where the employee died in or before the month in which the increases in ammities provided in section 1 are effective, be increased by 15 per centum: Provided, however. That in cases where the individual entitled to such a pension or annuity is entitled also to a benefit under title II of the Social Security Act, the additional amount payable by reason of this subsection shall be reduced by the difference between the amount the individual is entitled to in such a benefit and the amount to which such individual would have been entitled had the Social Security Amendments of 1969 not been enacted: And provided further. That (i) the offset required by this subsection shall not operate to reduce the increase herein provided in an annuity under the Railroad Retirement Act of 1985 or a pension to an amount less than $10, and (ii) the offset required by this section shall not operate to reduce the increase herein provided in such a survivor annuity derived from a joint and survivor annuity and such a widow's or widower's annuity in an amount formerly received as a spouse's annuity to an amount less than $5. Joint and survivor annuities shall be computed under section 8(a) of the Railroad Retirement Act and reduced by the percentage determined in accordance with the election of such annuity, (2) All recertifications required by reason of the amendments made by this title shall be made by the Railroad Retirement Board without application therefor. (c) For the purposes of this Act, the amount of a social security benefit computed under the Social Security Amendments of 1967 shall be deemed to be an amount equal to 87 per centum of such benefit computed under the Social Security Amendments of 1969, and the amount by which an individual's social security benefit was increased by reason of the Social Security Amendments of 1969 shall be deemed to be 18 per centum of such individual's social security benefit as computed under the Social Security Amendments of 1969. SEC. 5. The fifth sentence of section 15(c) of the Railroad Retirement Act of 1987 is amended by striking out "obligations" the second place it appears and inserting in lieu thereof "notes"'. SEC. 6. The first four sections of this Act, and the amendments made by such sections, shall cease to apply as of the close of June 80, 1972. Annuities accruing for months after June 80, 1972, and pensions due in calendar months after June 80, 1972, shall be comjnited as if the first four sections of this Act, and the amendment made thereby, had not been enacted. SEC. 7. (a)(1) There is hereby established a Commission on Railroad Retirement (hereinafter in this section referred to as the "Commission'') which shall be composed as follows: (A) Three members shall be appointed by the President in the same manner as provided by section 10(a) of the Railroad Retirement Act of 1987 for the appointment of members of the Railroad Retirement Board: Provided, however. That such appointments to the Commission shall not be by and with the advice and consent of the Senate;

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 84 STAT.]

PUBLIC LAW 91-377-AUG. 12, 1970

(B) One pul)lic member shall be appointed by the Speaker of the House of Representatives, after consultation with the Committee on Interstate and Foreign Commerce of the House of Representatives; (C) One public member shall be appointed by the President pro tempore of the Senate, after consultation with the Senate Committee on Labor and Public Welfare. (2) The President shall designate one member of the Commission to serve as (liairman thereof and one member of the Commission to ser\e as Vice (Chairman thereof. (3) A majority of the members of the Commission shall constitute a quorum, but a lesser number may conduct hearings. (b) Members of the Commission shall each receive a per diem rate equivalent to that authorized for (xS-18 by section 5332 of title 5, United States Code, for days when engaged ni the actual performance of duties vested in the Commission, and shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, Ignited States Code, for pereons in the Government service employed intermittently. (c)(1) The Commission shall conduct a stiidy of the railroad retirement system and its financing for the purpose of recommending to the Congress on or before July 1, 1971, changes in such system to provide adequate levels of benefits thereunder on an actuarially sound basis. (2) Such study shall take into account— (A) the necessity of providing benefit increases in such system commensurate with past and future benefit increases under title II of the Social Security Act; (B) the necessity of revising benefits under the railroad retirement system to meet increases in the cost of living; (C) the question of the adequacy of levels of benefits for the various classes of beneficiaries covered under such system; (D) the possibility of restructuring benefits under title II of the Social Security Act and under the railroad retirement system so as to provide coverage under such title of various classes of beneficiaries presently covered under the railroad retirement system; (E) the necessary changes to provide for a continuation of the increased level of benefits provided under the amendments made by the first four sections of this Act; (F) the possibility of changes in the financing system used to fund railroad retirement benefits including, without limitation, adjustment of the rate of tax, adjustment of the tax base, the use of general revenue financing, and revision of the investment policy of the railroad retirement fund; (G) the relationsliip between social security and railroad retirement in the areas of benefits, tax rates, and tax base including, without limitation, the desirability and feasibility of a merger of the two systems; and (H) such other matters relating to the railroad retirement system as the Commission considers necessary. (d)(1) The Commission shall appoint an Executive Director and such other personnel as the Commission deems necessary without regard to the provisions of title 5, United States Code, governing appointments in the competitive service and shall fix the compensation of such personnel -without regard to the provisions of chapter 51 and subtitle II of chapter 53 of such title relating to classification and General Schedule pay rates, except that no personnel so appointed shall receive compensation in excess of the rate authorized for GS-18 by section 5332 of such title.

793

Ante,

p. 198-1,

80 Stat. 499;; 83 Stat. 190. Study.

49 Stat. 6 2 2. 42 USC 4 0 1 " 429.

Executive Director, e t c. appointment.

80 Stat 4 4 3, 459. 5 USC 5101 5311.

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 794 Experts and consultants.

80 Stat. 416. Ante, p. 198-1. Actuarial consultant.

80 Stat. 443, 467. 5 USC 5101, 5331.

Report to President and Congress.

Termination.

PUBLIC LAW 91-378-AUG. 13, 1970

[84 STAT.

(2)(A) The Executive Director, with the approval of the Coiruiiiission, is authorized to obtain services of experts and consultants on a temporary or intermittent basis in accordance with the provisions of section 3109 of title 5, United States Code, but at rates for individuals not to exceed the per diem equivalent of the rate authorized for GS-18 by section 5382 of such title. (B) The Commission shall employ the services of an actuarial consultant holding membership in the American Academy of Actuaries and qualified in the evaluation of pension plans. Such consultant may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. (e) The Railroad Retirement I^oard and any other department, agency, or instrumentality of the Federal Government is authorized to cooperate with and assist the Commission, at its request, in carrying out its duties by furnishing services, information, data, or other material which the Commission feels will be helpful in carrying out its duties. (f) Funds appropriated to the President shall be available to defray the expenses of the Commission, other than expenses incurred pursuant to subparagraph (e) of this section. (g) The Commission shall, not later than July 1, 1971, submit to the President and the Congress a full and complete report of the study authorized by this section together with its recommendations for changes in the railroad retirement system designed to provide adequate levels of benefits thereunder on an actuarially sound basis. The Commission shall cease to exist sixty days after the date of the submission of such report. Approved August 12, 1970.

Public Law 91-378 August 13, 1970 [S. 1076]

AN ACT To establish a pilot program in the Departments of the Interior and Agriculture designated as the Youth Conservation Corps, and for other purposes.

Be it enacted by the Senate and House of Representatives Youth Conserve- J'jiited States of Ametwa in Congress assembled, ^orps tion Corps. Establishment.

•'

c?

of the

7

POLKJY AND PURPOSE

1. The Congress finds that the gainful employment during the summer months of American youth, representing all segments of society, in the healthful outdoor atmosphere afforded in the national park system, the national forest system, the national wildlife refuge system, and other public land and water areas administered by the Secretary of the Interior and the Secretary of Agriculture creates an opportunity for understanding and appreciation of the Nation's natural environment and heritage. Accordingly, it is the purpose of this Act to further the development and maiiltenance of the natural resources of the United States by the youth, upon whom will fall the ultimate responsibility for maintaining and managing these resources for the American people. SECTION

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PUBLIC LAW 91-378-AUG. 13, 1970 Y O U T H CONSERVATION

795

CORPS

SEC. 2, (a) To carry out the purposes of this Act, there is hereby established in the Department of the Interior and the Department of Agriculture a three-year pilot program designated as the Youth Conservation Corps (hereinafter referred to as the "Corps''). The Corps Participants, shall consist of young men and women who are permanent residents of the United States, its territories, or possessions, who have attained age fifteen but have not attained age nineteen, and whom the Secretary of the Interior or the Secretary of Agriculture may employ during the ^gn"™^*" ^'"P^"^" summer months without regard to the civil service or classification laws, rules, or regulations, for the purpose of developing, preserving, or maintaining lands and waters of the United States under the jurisdiction of the appropriate Secretary. (b) The Corps shall be open to youth of both sexes and youth of all nif^^nd°^^°'f" social, economic, and racial classifications, with no person being mentnerm?^ "^" employed as a member of the Corps for a term in excess of ninety days during any single year. SECRETARIAL DUTIES

SEC. 8. (a) The Secretary of the Interior and the Secretary of Agriculture shall: (1) determine the areas under their administrative jurisdictions which are appropriate for carrying out programs using employees of the Corps; (2) determine the rates of pay, hours, and other conditions of employment in the Corps: Provided, That members of the Corps shall not be deemed to be Federal employees, other than for the purposes of chapter 171 of title 28, United States Code, and chapter 81 of title 6, United States Code; (3) provide for such transportation, lodging, subsistence, and other services and equipment as they may deem necessary or appropriate for the needs of members of the Corps in their duties. The Secretary of the Interior and the Secretary of Agriculture may contract with any public agency or organization or any private nonprofit agency or organization which has been in existence for at least tive years for the operation of any Youth Conservation Corps ))rje('t. "Whenever economically feasible, existing but unoccupied Federal facilities, inclnding military facilities, shall be utilized for the purposes of the Corps where appropriate and with \\m approval of the Federal agency involved. To minimize transportation costs Corps menil)ers shall be eniployed on conservation))roje('ts as near to their places of residence as is feasible; (4) promulgate regulations to insure the safety, health, and welfare of the Corps members; (o) prepare a report, indicating the most feasible and efficient method for initiating a cost-sharing youth conservation program with State natural resource, conservation, or outdoor recreation agencies, which report shall be submitted to the President not later than one year following eiuu'tment of this Act for transmittal to the Congress for review and appropriate action, (b) The provision of title II of the Revenue and Expenditure Control Act of 10B8 (82 Stat. 251, 270) shall not apply to appointments made to the C(>rps, to temporary supervisory personnel, or to temporary prgram support staiT.

8o"t!J^306^^' 28 USC 2 * u 67 2680. 82^stat^98!^^' 5 USC sroi^^^3.

Regulations. Report to rran^smiul/°o congress.

^^fj;^';f„35 USC 3101' n o^e.'"^^ ' ' " t

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 PUBLIC LAW 91-379-AUG. 15, 1970

796

SECRETARIAL Joint annual report to P r e s i dent for t r a n s mittal to Congress,

[84 STAT.

REPORTS

SEC. 4. Upon completion of each year's pilot program, the Secretary of the Interior and Secretary of Agriculture shall prepare a joint report detailing the contribution of the program toward achieving the purposes of the Act and providing recommendations. Each report shall be submitted to the President not later than one hundred and eighty days following completion of that year's pilot program. The President shall transmit the report to the Congress for review and appropriate action. AUTHORIZATION

OP

FUNDS

SEC. 5. For three years following enactment of this Act, there are hereby authorized to be appropriated amounts not to exceed $3,500,000 annually to be made available to the Secretary of the Interior and the Secretary of Agriculture to carry out the purposes of this Act. Approved August 13, 1970.

Public Law 91-379 August 15, 1970 [S. 3302]

Defense Production Act of 1950, amendment.

AN ACT To amend the Defense Production Act of 1950, and for other purposes.

Be it enacted by the Senate and House of Represe'titatives of the United States of America in Congress assembled, TITLE I—DEFENSE PRODUCTION ACT AMENDMENTS

Ante,

p. 694.

Infra,

64 Stat. 815; 67 Stat. 130.

" Defense contractor."

82 Stat. 279. 50 USC app. 2151-2167,

§ lOL Extension of Act The first sentence of section 717(a) of the Defense Production Act of 1950 (50 U.S.C. App, 2166(a)) is amended— (1) by striking out "August 15, 1970'- and inserting in lieu thereof "June 30, 1972"; and (2) by striking out "section 714" and inserting in lieu thereof "sections 714 and 719". §102. Definitions Section 702 of the Defense Production Act of 1950 (50 U.S.C. App. 2152) is amended— (1) by inserting "space," after "stockpiling," in subsection (d); and (2) by adding at the end thereof a new subsection as follows: "(f) The term 'defense contractor' means any person who enters into a contract with the United States for the production of material or the performance of services for the national defense." § 103. Uniform cost-accounting standards Title VII of the Defense Production Act of 1950 is amended by adding at the end thereof a new section as follows: TO S T - ACCOUNTING STANDARDS BOARD

"SEC. 719. (a) There is established, as an agent of the Congress, a Cost-Accounting Standards Board which shall be independent of the executive departments and shall consist of the Comptroller General of the United States who shall serve as Chairman of the Board and four members to be appointed by the Comptroller General, Of the members ai^pointed to the Board, two, of whom one shall be particularly knowledgeable about the cost accounting problems of small business, shall be from the accounting profession, one shall be representative of indus-

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 84 STAT. ]

PUBLIC LAW 91-379-AUG. 15, 1970

try, and one shall be from a department or agency of the Federal Government who shall be appointed with the consent of the head of the department or agency concerned. The term of office of each of the appointed members of the Board shall be four years, except that any member appointed to fill a vacancy in the Board shall serve for the remainder of the term for which his predecessor was appointed. Each member of the Board appointed from private life shall receive compensation at the rate of one two-hundred-sixtieth of the rate prescribed for level IV of the Federal Executive Salary Schedule for each day (including traveltime) in which he is engaged in the actual performance of duties vested in the Board. "(b) The Board shall have the power to appoint, fix the compensation of, and remove an executive secretary and two additional staff members without regard to chapter 51, subchapters III and VI of chapter 53, and chapter 75 of title 5, United States Code, and those provisions of such title relating to appointment in the competitive service. The executive secretary and the two additional staff members may be paid compensation at rates not to exceed the rates prescribed for levels IV and V of the Federal Executive Salary Schedule, respectively. "(c) The Board is authorized to appoint and fix the compensation of such other personnel as the Board deems necessary to carry out its functions. " (d) The Board may utilize personnel from the Federal Government (with the consent of the head of the agency concerned) or appoint personnel from private life without regard to chapter 51, subchapters III and VI of chapter 53, and chapter 75 of title 5, United States Code, and those provisions of such title relating to appointment in the competitive service, to serve on advisory committees and task forces to assist the Board in carrying out its functions and responsibilities under this section. "(e) Except as otherwise provided in subsection (a), members of the Board and officers or employees of other agencies of the Federal Government utilized under this section shall receive no compensation for their services as such but shall continue to receive the compensation of their regular positions. Appointees under subsection (d) from private life shall receive compensation at rates fixed by the Board, not to exceed one two-hundred-sixtieth of the rate prescribed for level V in the Federal Executive Salary Schedule for each day (including traveltime) in which they are engaged in the actual performance of their duties as prescribed by the Board. While serving away from their homes or regular place of business. Board members and other appointees serving on an intermittent basis under this section shall be allowed travel expenses in accordance with section 5703 of title 5, United States Code. "(f) All departments and agencies of the Government are authorized to cooperate with the Board and to furnish information, appropriate personnel with or without reimbursement, and such financial and other assistance as may be agreed to between the Board and the department or agency concerned. " (g) The Board shall from time to time promulgate cost-accounting standards designed to achieve uniformity and consistency in the cost-accounting principles followed by defense contractors and subcontractors under Federal contracts. Such promulgated standards shall be used by all relevant Federal agencies and by defense contractors and subcontractors in estimating, accumulating, and reporting costs in connection with the pricing, administration and settlement of all negotiated prime contract and subcontract national

797

so Stat. 46i; 515 note.
 * Vusc ^ 3 * and

5 USC 5101, 5331, 5361,7501.

83^313^8*64^^' 5 USC 531*6 ^"'^ "°t^'

83'stau'i9'*o!"

promuita'tton

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 798

PUBLIC LAW 91-379-AUG. 15, 1970

[84 STAT.

defense procurements with the United States in excess of $100,000, other than contracts or subcontracts where the price negotiated is based on (1) established catalog or market prices of commercial items sold in substantial quantities to the general public, or (2) prices set by law or regulation. In promulgating such standards the Board shall take into account the probable costs of implementation compared to the probable benefits. Cost-accounting " (h)(1) The Board is authorized to make, promulgate, amend, and methods, advance d i s c l o s u r e by rescind rules and regulations for the implementation of cost-accountdefense contracing standards promulgated under subsection (g). Such regulations tors. shall require defense contractors and subcontractors as a condition of contracting to disclose in writing their cost-accounting principles, including methods of distinguishing direct costs from indirect costs and the basis used for allocating indirect costs, and to agree to a contract price adjustment, with interest, for any increased costs paid to the defense contractor by the United States because of the defense contractor's failure to comply with duly promulgated cost-accounting standards or to follow consistently his disclosed cost-accounting practices in pricing contract proposals and in accumulating and Interest ceiling, reporting contract performance cost data. Such interest shall not exceed 7 per centum per annum measured from the time such payments were made to the contractor or subcontractor to the time such price adjustment is effected. If the parties fail to agree as to whether the defense contractor or subcontractor has complied with cost-accounting standards, the rules and regulations relating thereto, and cost adjustments demanded by the United States, such disagreement will constitute a dispute under the contract dispute clause. Exemption, ''(2) The Board is authorized, as soon as practicable after the date of enactment of this section, to prescribe rules and regulations exempting from the requirements of this section such classes or categories of defense contractors or subcontractors under contracts negotiated in connection with national defense procurements as it determines, on the basis of the size of the contracts involved or otherwise, are appropriate and consistent with the purposes souglit to be achieved by this section. Proposed "(3) Cost-accounting standards promulgated under subsection (g) standard s, trans' and rules and regulations prescribed under this subsection shall take mittal to Congress. effect not earlier than the expiration of the first period of sixty calendar days of continuous session of the Congress following the date on which a copy of the proposed standards, rules, or regulations is transmitted to the Congress; if, between the date of transmittal and the expiration of such sixty-day period, there is not passed by the two Houses a concurrent resolution stating in substance that the Congress does not favor the proposed standards, rules, or regulations. For the purposes of this subparagraph, in the computation of the sixty-day period there shall be excluded the days on which either House is not in session because of adjournment of more than three days to a day certain or an adjournment of the Congress sine die. The provisions of this paragraph do not apply to modifications of cost accounting standards, rules, or regulations which have become effective in conformity with those provisions. Publication in "(i)(A) Prior to the promulgation under this section of rules, regFederal Register ulations, cost-accounting standards, and modifications thereof, notice of the action proposed to be taken, including a description of the terms and substance thereof, shall be published in the Federal Register. All l)iirties affected thereby shall be afforded a i^eriod of not less than thirty days after such publication in which to submit their views and comments with respect to the action proposed to be taken. After full

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 84 STAT.]

799

PUBLIC LAW 91-379-AUG. 15, 1970

consideration of the views and comments so submitted the Board may promii]grtte rules, remilations, cost-accounting standards, and modifications thereof which shall have the full force and effect of law and shall become effective not later than the start of the second fiscal quarter beginning after the expiration of not less than thirty days after publication in the Federal Register. " (B) The functions exercised under this section are excluded from the operation of sections 551, 553-559. and 701-706 of title 5, United States Code. " (C) The provisions of paragraph (A) of this subsection shall not be applicable to rules and regulations prescribed by the Board pursuant to subsection (h)(2). " (j) For the purpose of detennining whether a defense contractor or subcontractor has complied with duly promulgated cost-accounting standards and has followed consistently his disclosed cost-accounting l)ractices, any authorized representative of the head of the agency concerned, of the Board, or of the Comptroller General of the United States shall have the right to examine and make copies of any documents, papers, or records of such contractor or subcontractor relating to compliance with such cost-ac<?ounting standards and principles. "(k) The Board shall report to the Congress, not later than twenty-four months after the date of enactment of this section, concerning its progress in promulgating cost-accounting standards under subsection (g) and rules and regulations under subsection (h). Thereafter, the Board shall make an annual report to the Congress with respect to its activities and operations, together with such recommendations as it deems appropriate. "(1) There are authorized to be appropriated such sums as may be necessary to carry out the provisions of tins section." § 104. Loan guarantees Section 801 of the Defense Production Act of 1950 (50 U.S.C. App. 2091) is amended by adding at the end thereof a new subsection as follows: "(e)(1) P^xcept with the approval of the Congress, the maximum obligation of any guaranteeing agency under any loan, discount, advance, or commitment in connection therewith, entered into under this section shall not exceed $20,000,000. "(2) The authority conferred by this section shall not be used l)rimarily to pre\ent the financial msohency or bankruptcy of any person, unless " (A) the President certifies that the insolvency or bankruptcy would have a direct and substantially adverse effect upon defense production; and " (B) a copy of such certification, together with a detailed justification thereof, is transmitted to the Congress and to the Committees on Banking and Currency of the respective Houses at least ten days prior to the exercise of that authority for such use."

80 Stat. 3 8 1, 392.

Records, availability.

Report to Congress.

Appropriation.

64 Stat. 800; 67 Stat. 129. Limitations.

TITLE II—(^OST OF L IV I N G S T A B I L I Z A T I O N § 201. Short title This title may be cited as the "Economic Stabilization Act of 1970'' § 202. Presidential authority The President is authorized to issue such orders and regulations as he may deem appropriate to stabilize prices, rents, wages, and salaries at levels not less than those prevailing on May 25, 1970. Such orders

Economic Stabilization Act of 1970. Standby controls.

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 800

PUBLIC LAW 91-380-AUG. 18, 1970

[84 STAT.

and regulations may provide for the making of snch adjustments as may be necessary to prevent gross inequities. §203. Delegation The President may delegate the performance of any function under this title to such officers, departments, and agencies of the United States as he may deem appropriate. §204. Penalty Whoever willfully violates any order or regulation under this title shall be fined not more than $5,000. §205. Injunctions Whenever it appears to any agency of the United States, authorized by the President to exercise the authority contained in this section to enforce orders and regulations issued under this title, that any person has engaged, is engaged, or is about to engage in any acts or practices constituting a violation of any regulation or order under this title, it may in its discretion bring an action, in the proper district court of the United States or the proper United States court of any territory or other place subject to the jurisdiction of the United States, to enjoin such acts or practices, and upon a proper showing a permanent or temporary injunction or restraining order shall be granted without bond. Upon application of the agency, any such court may also issue mandatory injunctions commanding any person to comply with any regulation or order under this title. Post. p. 1468.

§206. Expiration "pi^j, authority to issue and enforce orders and regulations under this title expires at midnight February "28, 1971, but such expiration shall iiot atfect any proceeding under section 204 for a violation of any such ordei' or regulation, or for the punishment for contempt committed in the violation of any injunction issued under section 205, connnitted prior to March 1, 1071. ' Approved August 15, 1970. [Public Law 91-381 approved August 17, 1970.]

Public Law 91-380 AN ACT August 18, 1970

[H. R. 16916]

Making appropriations for the Office of Education for the fiscal year ending June 30, 1971, and for other purposes.

Office of Edu-

Be it enacted by the Senate and House of Representatives of the United States of America In Conqress assembled, That the following

cation Appropri-

ation Act, 1971.

•'.

^

.

•

,

.~

suuis are appropriated, out oi any money m the ireasury not otherwise appropriated, for the Office of Education for the fiscal year ending Jmie 80, 1971, and for other purposes, namely:

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 84 STAT. ]

PUBLIC LAW 91-380-AUG. 18, 1970

801

TITLE: 1—OFFK'E OF EDUCATION SCH(M)L ASSISTANCE

IN

FEDERALI.Y AFFKC'IT-:!) AREAS

For carrying- out title 1 of the Act of September 30,11)50, as amended (20 r. S. C, ch. m), and the Act of September 28, 1950, as amended ygVl^^^^^' (20 r. S. ( \, ch. 19), $551,068,000 of which $58(>,(m8,000 shall be for si stat! 787; the maintenance and operation of schools as authorized by said title I ^"jo^f'r^ll'e of the Act of September 30, 1950, as amended, and $15,000,000 which 24im;^ shall remain available until expended, shall be for providiujii- school ^2 Stat. 548; facilities as authorized by said Act of September 28, 1950: Proride(/, 20 USC 631-647, That this appropriation shall not be available to pay local educational agencies pursuant to the provisions of any other section of said title I until payment has been nuide of 90 per centum of the amounts to which such agencies are entitled pursuant to section 3(a) of said title and 100 per centum of the amounts payable under section 6 of said title: Provided further. That $8,800,000 of this appropriation shall be available to pay full entitlement under section 8(a) of said title to a local educational agency where the number of children elipble under said section 3(a) represent 25 per centum or more of the total number of children attending school at such local educational a*iency during the preceding year. ELEMENTARY

AND SECONDARY

EDUCA110N

For carrying out, to the extent not otherwise provided, title I ($1,500,000,000), title Tl ($80,000,000), title III ($143,393,000), title V ($29,75,0(K)), title VII, and section 807 of the Elementary and Secondary Education Act, section 402 of the Elementary and Second- 15^"'®' P'^' ^^^" ary Education Amendments of 1967, and title III - A of the Naticmal Ante, p. les. Defense Education Act of 1958 ($5(i,(M)0,), $1,846,968,000: Pro- 82ltf5Vo5f^' vided. That grants to States on behalf of IOCJU educational agencies 1053, under title 1-A shall not be less than grants made to such agencies 20 USC 441. in fiscal year 1968. n e, p.. EDUCATION FOR THE

HANDICAl'l'ED

For carrying out, to the extent not otherwise provided, the Education of the Handicapped Act, and secticm 402 of the Elementary and 17^"'^' PP- ^^^' Secondary Education Amendments of 1967, $105,000,000, including 20 USC 1401 $1,000,000 for special programs under part O of the Education of the "°*^' Handicapped Act.

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PUBLIC LAW 91-380-AUG. 18, 1970

[84 STAT.

VOCATIONAL AND AIH'LT KDI'CATION

82 Stat. 1064;

Ante, p. 188. Tnte,'p.i59. Ante, p. 15 Ante, p. 165

For currying out, to the extent not otherwise provided, section 102(b) ($2,,), parts H nnd C ($850,886,000), D, F ($2l,2r),), (T ($18,5,), H ($r),5(M),00), and I of the Voca(ional Education Act of lim8, as amended (20 r. S. ( \ 1241-1891), the Adult PMucation Act of limn (20 r. S. ( \ cli. 80) ($55,000,000), and section 402 of the Klenjentary and Secondary Kducation Amendments of IJWT, $45>4,11)(>,000, inchidin<r $l,000,00o" for exemphiry programs under part I) of said 15)H8 Act of which 50 per centum shall remain available until expended and 50 per centum shall remain available through June 80, 1972. HKUIKU

82^statr*io\7!^' 20 USC 100*1 n o'77'Stat. 364te. 82 Stat. 1060.' ^^20 USC 701 Ante. p. 174. 46? sff ^^^' 74 Stat. 525; ^^a'stat^V-ii. 20 USC* 1078a "°*»^^^n^e. pp.. 75 Stat. 527. 22 USC 2452.

KnrrATU)N

F'or carrying out, to the extent not otherwise provided, titles I, III, IV (except part F), part E of title V, and part A of title VI of the Higher Education Act of 19B5, as amended, section 105(b), section 806, titles I and IV of the Higlier Educati(m Facilities Act of 1968, '^^ amended, titles II, IV, and VI of the National Defense Education Act of 1958, as amended, section 22 of the Act of June 29, 1985, as amended (7 V.S.C. 829), the Emergency Insured Student Loan Act of 1969, sectious 402 and 411 of the Elementary and Secondary Education Amendments of 1967, and section 102(b)(6) of the Mutual Education i\nd C u l t u r a l E x c h a n g e Act of 1961, $967,880,0(M), of which $7,000,000 '''^'^^^ ^^^ ^"^' ii^structional equipment under part A of title VI of the H i g h e r Pvducation Act of which a m o u n t s reallotted shall remain available until June 80, 1972, and the following amounts shall remain avail^y^^^ ^^^^^.^.^^^^^^ ^,^j^ ^^^^. $48,000,000 for grants for construction of public couHnunity colleges and technical institutes under title I of ^j^^ HigluM" Education Facilities Act of 1968, $167,700,000 for educational opportunity grants, and amounts reallotted for grants for college work-study programs, and the following amounts shall remain available until exoended: $145,400,000 for the student loan insurance programs (including $2,200,000 for computer services for the Office of Education) and $21,00,0(K) for annual interest payments for subsidized construction loans. E l) r ( \ V T I N PKOFKSSIONS OKVELOPMENT

79 Stat. 1254; 82 sill: 1091.

For caiTving out, to the extent not otherwise provided, section 504 and parts B ($15,000,000 for subpart 2), ( \ I), amd F of the Education Professions Development Act (title V of the Higher PMucation Act of 1965), aud section 402 of the Elementary and Secondary Education Amendments of 1967, $185,800,000.

20 USC 1091 "°*^'

70 Stat. 293; 80 llTt. 314. 79 Stat. 1224; 82 Stat. 1037. 8 i l stat^g^4; 83 Stat. 146!

COMMUNITY

EDUCATION

For carrying out, to the extent not otherwise provided, titles I ($85,0(M),00b), II, III ($2,281,000) and IV ($8,428,000) of theLibrary Services aud Construction Act (20 I'.S.C. ch. 16); title II (except section 224) of the Higher Education Act of 1965 (20 U.S.C. 1021i;'>;>,^ 1041), section 402 of the Elementary and Secondary Education Amendments of 1967 and part IV of title III of the C o m m u n i c a t i o n s Act of 1984 (47 r. S. ( \ 890-895), $85,040,(MK), of which $7,092,500, to remain available through June 80, 1972, sluil'l be for grants for public library construction under title II of the Library Services and Constructicm Act, and $11,000,000 shall be for educational broadcasting facilities and shall remain available until expended.

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 84 STAT. ]

PUBLIC LAW 91-380-AUG. 18, 1970

803

KKvSKAKt H AXI) TKAIXIXO

For ('an'vin<>- out, to the extent not otheiwise jmnicled, the Coopenifive Heseaich Act (except section 4) and section 303 of the Vocational Education Amendments of 1968, $1)0,077,000.

H use 331 note 82 Stat. 109;!^°'** Ante, p. 173.

KDICATIONAL ACTIVITIKS OVEKSEAS (SI'ECLAL FOKEUJX CI KHENCY PROGRAM)

"^^

'

For payments in foreign currencies which the Treasury Department determines to he excess to the normal requirements of the United States, for necessary expenses of the Office of Education, as anthorized by law $3,0(H),000 to remain available until expended: 7VoivV/^^/. That this appropriation shall be available, in addition to other appropriations to such office, for payments in the foretjoing currencies. SAI.AKIKS A N D EXPENSES

Vov the necessary expenses of the Office of P]ducation, not otherwise provided, including: rental of conference rooms in the District of Columbia: $4r),l4,00. S T l ' D E N T LOAN

INSURANCE

fUNH

For the Student Loan Insurance Fund created by the Higher Education Act of UX);'), $18,,, to remain available until expended. 82lt!lf 638?''^' 20 USC 1081. mCHER

EDLCATION

IWCILrriES LOAN

FIND

The Secretary is hereby authorized to make such expenditures, within the limits of funds available in the Higher Pkiucation Facilities Loan P'und, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitation as provided by section 104 of the Government Corporation Control Act (31 U.S.(^. 840) as may be necessary in carrying out the program set forth in the budget for the current fiscal year for such fund: Provided, That loans may be made during the current fiscal year from the fund to the extent that amounts are available from commitments witlidrawn prior to July 1, 1071, by the Commissioner of Education. I'AVMEXT OK PARTICIPATION

SALES

^^ ^'^*' ^^'*-

INSlEFJCIENCIp:S

For the payment of such insufficiencies as may be required by the trustee on account of outstanding beneficial hiterests or participations in assets of the Office of Education authorized by the Department of Health, Education, and AVelfare Appropriation Act, 1068, to 1K' issued *^ ^'^'- ^94. pursuant to section 302(c) of the Federal National Afoitgage Association (Miarter Act {VI U.S.C. 1717(c)), $2,052,000, to remain available soltairieT' until expended. 1236; 82stat. 542. EMKK(ENCY SCHOOL ASSISTANCE

For assistance to desegregating local educational agencies as provided under part 1) of the Educational Professions Development Act (title V of the Higher Education Act of lOH.o), the Cooperative 20 USC" uf9"'^" Kesearch Act, title IV of the Civil Rights Act of 10H4, secti<m 807 78 Stat. 246.' of the Elementary and Secondary Education Act of 1965, section 402 l\ ^^^^^^'^Z^' of the Elementary and Secondary Education Amendments of 1067, sie. 20 USC 887. Ante, p. 165.

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Page:United States Statutes at Large Volume 84 Part 1.djvu/862

 804 81 Stat. 6 9 0. 42 USC 2781.

83 Stat. 827. 42 USC 2702a.

PUBLIC LAW 91-380-AUG. 18, 1970

[84 STAT.

and title II of the Economic Opportunity Act of 1964, as amended, including necessary administrative expenses therefor, $75,000,000: Provided, That no part of any funds appropriated herein to carry out programs under title II of the Economic Opportunity Act of 1964 shall be used to calculate the allocations and proration of allocations under section 102(b) of the Economic Opportunity Amendments of 1969: Provided further, That no part of the funds contained herein shall be used (a) to assist a local educational agency which engages, or has unlawfully engaged, in the gift, lease or sale of real or personal property or services to a nonpublic elementary or secondary school or school system practicing discrimination on the basis of race, color, or national origin; (b) to supplant funding from non-Federal sources which has been reduced as the result of desegregation or the availability of funding under this head; or (c) to carry out any program or activity under any policy, procedure, or practice that denies funds to any local educational agency desegregating its schools under legal requirement, on the basis of geography or the source of the legal requirement. TITLE II—GENERAL PROVISIONS

Experts and consultants. 80 Stat. 416. Ante, p. 198-1. Attendance at meetings.

F i s c a l year limitation.

Campus d i s r u p t e r s, funds| prohibition.

Grants, c o s t payment limitation.

SEC. 201. Appropriations contained in this Act, available for salaries and expenses, shall be available for services as authorized by 5 U.S.C. 3109 but at rates for individuals not to exceed the per diem rate equivalent to the rate for GS-18. SEC. 202. Appropriations contained in this Act available for salaries and expenses shall be available for expenses of attendance at meetings which are concerned with the functions or activities for which the appropriation is made or which will contribute to improved conduct, supervision, or management of those functions or activities. SEC. 203. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 204. No part of any appropriation contained in this Act shall be used to finance any Civil Service Interagency Board of Examiners. SEC. 205. No part of the funds appropriated under this Act shall be used to provide a loan, guarantee of a loan, a grant, the salary of or any remuneration whatever to any individual applying for admission, attending, employed by, teaching at, or doing research at an institution of higher education who has engaged in conduct on or after August 1, 1969, which involves the use of (or the assistance to others in the use of) force or the threat of force or the seizure of property under the control of an institution of higher education, to require or prevent the availability of certain curriculum, or to prevent the faculty, administrative officials, or students in such institution from engaging in their duties or pursuing their studies at such institution. SEC. 206. None of the funds provided herein shall be used to pay any recipient of a grant for the conduct of a research project an amount equal to as much as the entire cost of such project. SEC. 207. None of the funds contained in this Act shall be used for any activity the purpose of which is to require any recipient of any project grant for research, training, or demonstration made by any officer or employee of the Department of Health, Education, and Welfare to pay to the United States any portion of any interest or other income earned on payments of such grant made before July 1, 1964; nor shall any of the funds contained in this Act be used for any activity the purpose of which is to require payment to the United

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 84 STAT. ]

PUBLIC LAW 91-380-AUG. 18, 1970

805

States of any portion of any interest or other income earned on payments made before July 1, 194, to the American Printing House for the l^lind. SKC. 208. None of the funds contained in this Act shall be available for additional permanent Federal positions in the Washington area if the proportion of additional positions in the Washing-ton area in relation to the total new jx)sitions is allowed to exceed the proportion existing at the close of fiscal year 1966. SEC. 209. No part of the funds ccmtained in this Act may be used to force any school or school district which is desegregated as that term is defined in title IV of the Civil Rights Act of 1964, Public Law 88-352, to take any action to force the busing of students; to force on account of race, creed, or color the abolishment of any school so desegregated; or to force the transfer or assignment of any student attending any elementary or secondary school so desegregated to or from a particular school over the protest of his or her parents or parent. SEC. 210. No part of the funds contained in this Act shall be used to force any school or sch(X)l district which is desegregated as that term is defined in title IV of the Civil Rights Act of 1964, Public Law 88-352, to take any action to force the busing of students; to require the abolishment of any school so desegregated; or to force on account of race, creed, or color the transfer of students to or from a particular school so desegregated as a condition precedent to obtaining Federal funds otherwise available to any State, school district or school. SEC. 2 n. The Secretary of'Health, Education, and Welfare is -

.

„

»'

T

i

i

T

i

?

• •

authorized to transfer unexpended balances of prior appropriations to accounts corresponding to current appropriations provided in this Act: Provided, That such transferred balances are used for the same purpose, and for the same periods of tjme, for which they were originally appropriated. This Act may be cited as the "Office of Education Appropriation Act, 1971". JOHN W. M C C O R M A C K

Speaker

of the House of

Representatives.

S P I R O T. AGNEW

Vice President

of the United States and President of the Senate.

IN THE HOUSE OF REPRESENTATIVES, U.S., Auffust 13, 1970. The House of Representatives having proceeded to reconsider the bill (H. R. 16916) entitled "An Act making appropriations for the Office of Education for the fiscal year ending June 30, 1971, and for other purposes ", returned by the President of the United States with his objections, to the House of Representatives, in which it originated, it was Resolved, That the said bill p a s s, two-thirds of the House of Representatives agreeing to p a s s the same. Attest: W. P A T

JENNINGS

Clerk.

p^^f^'^l°1^\ i„„ limitation.

^ J"^^^^^'' businK of l^ ^'^^' j^o^'ooc2000c.9.

Transfer of tunas.

Short title.

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Page:United States Statutes at Large Volume 84 Part 1.djvu/864

 806

PUBLIC LAW 91-381-AUG. 17, 1970

[84 STAT.

I certify that this Act originated in theHouse ofRepresentatives. W. P A T

JENNINGS

Clerk. IN THE SENATE OF THE UNITED STATES, August 18, 1970. The Senate having proceeded to reconsider the bill (H.R. 16916) entitled '*An Act making appropriations for the Office of Education for the fiscal year ending June 30, 1971, and for other purposes'*, returned by the President of the United States with his objections to the House ofRepresentatives, in which it originated, it was Resolved, That the said bill p a s s, two-thirds of the Senators present having voted in the affirmativCo Attest; FRANCIS R.

VALEO

Secretary,

Public Law 91-381 August 17, 1970 ACl [H. R. 15118] To provide for the striking of medals in commemoration of the one hundredth anniversary of the founding of Ohio Nortliern University. Ohio Northern University

looth anniversary medals.

^°**"

si^e-

Be it enacted by the i^eTiate arul House of Representatives of the United States of America in (Congress assembled. That, in commemolation of tliB 0116 hundredth anniversary of the founding of Ohio Northem UnivBrsity on August 15, 1871, the Secretary of the Treasury is authorized and directed to strike and furnish to Ohio Northern Uiiiiversity, Ada, Ohio, not more than sixteen thousand medals with suitable emblems, devices, and inscriptions to be determined by Ohio Northern University subject to the approval of the Secretary of the Treasury. The medals shall be made and delivered at such times as may be required by Ohio Northern University in quantities of not less than two thousand, but no medals shall be made after December 31, 1971. The medals shall be considered to be national medals within the meaning of section 3551 of the Revised Statutes (31 U.S.C. 368). SEC. 2. The Secretary of the Treasury shall cause such medals to be struck and furnished at not less than the estimated cost of manufacture, including labor, materials, dies, use of machinery, and overhead expenses, and security satisfactory to the Director of the Mint shall be furnished to indemnify the United States for the full payment of such costs. S E C 3. The medals authorized to be issued pursuant to this Act shall he of such size or sizes and of such various metals as shall be determined by the Secretary of the Treasury in consultation with Ohio Northern University. Approved August 17, 1970.

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Page:United States Statutes at Large Volume 84 Part 1.djvu/865

 84

STAT.]

807

PUBLIC LAW 91.382-AUG. 18, 1970

Public Law 91-382 AN ACT Making appropriations for the Legislative Branch for the fiscal year ending June 30, 1971, and for other purposes.

Be It enacted by the Senate and House of Representatives of the United /States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Legislative Branch for the fiscal year ending June 30, 1971, and for other purposes, namely:

August 18, 1970 [H. R.16915]

Legislative Branch Appropriation Act, 197 1»

SENATE COMPENSATION OF THE VICE PRESIDENT AND SENATORS, MILEAGE OF THE PRESIDENT OF THE SENATE AND SENATORS, AND EXPENSE ALLOWANCES OF THE VICE PRESIDENT AND LEADERS OF THE SENATE C O M P E N S A T I O N OF THE VICE P R E S I D E N T AND SENATORS

For compensation of the Vice President and Senators of the United States, $4,707,200.

MILEAGE OF THE P R E S I D E N T OF THE SENATE AND OF SENATQRS

For mileage of the President of the Senate and of Senators, $58,370, EXPENSE

ALLOWANCES

OF

THE VICE P R E S I D E N T, M I N O R I T Y LEADERS

AND

MAJORITY

AND

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

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

For clerical assistance to the Vice President, $367,203. OFFICE OF THE P R E S I D E N T PRO TEMPORE

For office of the President Pro Tempore, $44,165: Provided, That, elfeclive August 1, 1970, the President Pro Tempore is authorized to appoint a Comptroller of the Senate at a salary of $36,000 per annum, and the Comptroller may appoint a Secretary to the Comptroller at a salary of not to exceed $13,688 per annum, which appointments shall be in lieu of the two appointments authorized by the second proviso contained in the paragraph "Office of the Secretary" under the heading " S E N A T E " in the Legislative Branch Appropriation Act, 1970: Provided further, That the Comptroller of the Senate shall prepare budgets and amendments to the budgets of the Senate and shall audit all financial records of the Senate relating to the expenditure of approl)riated funds. The Comptroller shall have complete access to all information as may be necessary to carry out his budget and auditing duties. 47-348 O - 72 - 55 (Pt. 1)

Comptroller of the Senate.

83 Stat. 340. 2 USC 61a-4 note.

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Page:United States Statutes at Large Volume 84 Part 1.djvu/866

 808

PUBLIC LAW 91-382-AUG. 18, 1970 OFFICES OF THE M A J O R I T Y A N D M I N O R I T Y

[84 STAT.

LEADERS

For the offices of the Majority and Minority Leaders, $176,514. OFFICES OF THE M A J O R I T Y A N D M I N O R I T Y

WHIPS

For offices of the Majority and Minority Whips, $90,228. OFFICE OF THE

CHAPLAIN

For office of the Chaplain, $18,615: Provided, That effective July 1, 1970, the compensation of the Chaplain shall be $10,208 per annum and the compensation of the secretary to the Chaplain may be fixed at not to exceed $8,584 per annum. OFFICE OF THE

60 Stat. 839.

SECRETARY

For Office of the Secretary; $1,816,240, including $68,145 required for the purpose specified and authorized by section 74b of title 2, United States Code: Provided, That effective August 1, 1970, the Secretary may employ and fix the compensation of an administrative assistant at not to exceed $22,040 per annum, an assistant legislative clerk at not to exceed $27,376 per annum, a second assistant legislative clerk at not to exceed $20,648 per annum, a special assistant at not to exceed $16,704 per annum, a receptionist at not to exceed $12,528 per annum in lieu of an assistant secretary at not to exceed $12,528 per annum, and an assistant legislative analyst in the library at not to exceed $11,832 per annum in lieu of a custodian of records at $11,832 per annum: Provided further, That any specific rate of compensation established by law, as such rate has been increased or may hereafter be increased by or pursuant to law, for any position under the jurisdiction of the Secretary shall be considered as the maximum rate of compensation for that position, and the Secretary is authorized to adjust the rate of compensation of an individual occupying any such position to a rate not exceeding such maximum rate. COMMITTEEMPLOYEES

For professional and clerical assistance to standing committees and the Select Committee on Small Business, $4,420,734. CONFERENCE COMMITTEES

For clerical assistance to the Conference of the Majority, at rates of compensation to be fixed by the chairman of said committee, $127,239. For clerical assistance to the Conference of the Minority, at rates of compensation to be fixed by the chairman of said committee, $127,239. ADMINISTRATIVE AND CLERICAL ASSISTANTS TO SENATORS

For administrative and clerical assistants to Senators, $27,909,141. OFFICE OF SERGEANT AT ARMS A N D DOORKEEPER

For Office of Sergeant at Arms and Doorkeeper, $5,713,520: Provided, That effective July 1, 1970, the Sergeant at Arms may employ a video engineer at $20,880 per annum, an assistant video engineer at $17,632 per annum, three automatic typewriter repairmen at $10,672 per

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Page:United States Statutes at Large Volume 84 Part 1.djvu/867

 84 STAT. ]

PUBLIC LAW 91-382-AUG. 18, 1970

annum each in lieu of one automatic typing repairman at $10,672 per annum, a driver-messenger for attending physician at $10,672 per annum, eight laborers in the service department, at $6,728 per annum each, five additional sergeants, police force at $10,904 per annum each if not qualified as provided by section 105 of the Legislative Branch Appropriation Act, 1969 or $11,600 per annum each if qualified as provided therein, four additional pages at $6,960 per annum each, a ni^ht foreman, duplicating department at $10,904 per annum, three additional offset press operators at $9,976 per annum each, one additional mimeograph operator at $7,424 per annum, one additional inserting machine operator at $7,656 per annum, and the per annum compensation of the following positions shall be increased as indicated: superintendent of press gallery $21,576 in lieu of $19,256; first assistant superintendent of press gallery $19,256 in lieu of $17,400; second assistant superintendent of press gallery $15,080 in lieu of $13,920; third assistant superintendent of press gallery $13,456 in lieu of $12,064; fourth assistant superintendent of press gallery $10,672 in lieu of $9,744; secretary, press gallery $9,744 in lieu of $8,120; superintendent of radio press gallery $21,576 in lieu of $19,024; first assistant superintendent in radio press gallery $19,256 in lieu of $14,848; second assistant superintendent in radio press gallery $15,080 in lieu of $12,992; third assistant superintendent in radio press gallery $13,456, in lieu of $11,136; superintendent, periodical press gallery $19,256 in lieu of $17,400; assistant superintendent, periodical press gallery $13,456 in lieu of $11,136; superintendent, press photographers gallery $19,256 in lieu of $14,848; and assistant superintendent, press photographers gallery $13,456 in lieu of $10,440. OFFICERS o r THE SECRETARIES FOR THE MAJORITY AND MINORITY

For offices of the Secretary for the Majority and the Secretary for the Minority, $216,372. OFFICE OF THE LEGISLATIVE COUNSEL OF THE SENATE

For salaries and expenses of the office of the Legislative Counsel of the Senate, $415,130. CONTINGENT EXPENSES OF THE SENATE SENATE POLICY COMMITTEES

For salaries and expenses of the Majority Policy Committee and the Minority Policy Committee, $261,430 for each such Committee; in all, $522,860. AUTOMOBILES AND MAINTENANCE

For purchase, exchange, driving, maintenance, and operation of four automobiles, one for the Vice President, one for the President P r o Tempore, one for the Majority Leader, and one for the Minority Leader, $55,220. FURNITURE

For service and materials in cleaning and repairing furniture, and for the purchase of furniture, $31,190: Provided, That the furniture purchased is not available from other agencies of the Government.

809

sastat. 413.

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Page:The Eurypterida of New York Volume 1.pdf/132

 retained its primitive character; and while the legs are of uniform length in Pterygotus, in all other eurypterids, mature and adolescent [, pl. 2], they form a series that is longer backward. It is therefore to be concluded that, even if the legs were originally of uniform length, a differentiation in length took place very early. The relatively great length of the few segments observed in Strabops indicates that the last pair of legs had attained considerable length and that the differentiation had already commenced in the Cambric. We have accordingly restored Strabops with a series of gradually lengthening slender, nearly spineless legs and would provide the prototype with a similar only more uniformly long series of legs.

The chelicerae, or preoral appendages, are of identical structure in all—only excessively enlarged in Pterygotus—and therefore not available for inferences as to the prototype except that it had them as seen in the majority of the forms.

The opercular appendages have not been observed in either the larvae or in Strabops and are therefore useless for the present inquiry. Laurie has suggested that the median lobe of the genital operculum in Pterygotus shows a less degree of development than in Slimonia and Eurypterus, but


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Page:United States Statutes at Large Volume 84 Part 1.djvu/868

 810

PUBLIC LAW 91-382-AUG. 18, 1970

[84 STAT.

INQUIRIES AND INVESTIGATIONS

2°us*c*'i90b'

For expenses of inquiries and investigations ordered by the Senate, or conducted pursuant to section 134(a) of Public Law 601, Seventylunth Congress, including $456,625 for the Committee on Appropriations, to be available also tor the purposes mentioned in Senate Resolution Numbered 193j agreed to October 14, 1943, $7,341,580, including 5^200,000, to be available for obligations incurred in fiscal year 1970. FOLDING DOCUMENTS

For the employment of personnel for folding speeches and pamphlets at a gross rate of not exceeding $2.99 per hour per person, $51,015. MAIL TRANSPORTATION

For maintaining, exchanging, and equipping motor vehicles for (^arrying the mails and for official use of the offices of the Secretary and Sergeant at Arms, $16,560. MISCEIXANEOUS I'rEMS

75 Stat. 199. 40 USC 174J-4.

For miscellaneous items, exclusive of labor, $6,188,736, including $497,000 for payment to the Architect of the Capitol in accordance with section 4 of Public Law 87-82, approved July 6, 1961. POSTAGE STAMPS

For postage stamps for the offices of the Secretaries for the Majority and Mniority, $240; Comptroller, $100; and for air mail and special delivery stamps for the office of the Secretary, $350; office of the Sergeant at Arms, $215; Senators and the President of the Senate, as authorized by law, $119,328; in all $120,233. STATIONERY (REVOLVING F U N D)

For stationery for Senators and the President of the Senate, $363,600; and for stationery for committees and officers of the Senate, $14,500; in all, $378,100. ADMINISTRATIVE PROVISIONS

83 Stat. 169.

Effective August 1, 1970, the last paragraph under the heading -vSenate" in the First Deficiency Act, fiscal year 1926 (2 V.S.C. 64a) is amended to read as follows: " I n the event of the death, resignaticm, or disability of the Secretary of the Senate, the Financial Clerk of the Senate shall be deemed his successor as a disbursing officer, under his bond as Financial Clerk, and he shall serve as such disbursing officer until the end of the quarterly period during which a new Secretary shall have lieen elected and qualified, or such disability shall have been ended." Effective July 1, 1970, "and thereafter, the contingent fund of the Senate is made available, in accordance with rules and regulations prescribed by the Committee on Rules and Administration of the Senate, for the reimbursement to Senators and the President of the Senate of strictly official telephone and telegraph communications charges incurred by them or on their behalf, not exceeding $150 per annum each, to be in addition to reimbursement or payment authority contained in any other law.

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 84 STAT. ]

PUBLIC LAW 91-382-AUG. 18, 1970

HOUSP: OF RP:PRESENTATIVES For payment to Virginia Lipscomb, widow of Glenard P. Lipscomb, late a Representative from the State of California, $42,500, to he immediately available. For payment to Mrs. Charlena E. TJtt, widow of James B. Utt, late a Representative from the State of California, $42,500, to be immediately available. For payment to Dorothy H. St. Onge, widow of William L. St. Onge, late a Representative from the State of Connecticut, $42,500, to be immediately available. For payment to Alice C. Kirwan, widow of Michael J. Kirwan, late a Representative from the State of Ohio, $42,500, to be immediately available. SALARIES, MILEAGE FOR THE MEMBERS, AND EXPENSE ALLOWANCE OF THE S P E A K E R COMPENSATION OF MEMBERS

For compensation of Members, as authorized by law (wherever used herein the term "Member" shall include Members of the House of Representatives and the Resident Commissioner from Puerto Rico), $20,1(55,950. MILEA(}E OF MEMBERS AND EXPENSE ALIX)WANCE OF THE SPEAKER

For mileage of Members and expense allowance of the Speaker, as authorized by law, $200,000. SALARIES, OFFICERS AND EMPIX>YEES

For compensation of officers and employees, as authorized by law, as follows: OFFICE OF THE SPEAKER

For the Office of the Speaker, $163,490. OFFICE o r THE PARLIAMENTARIAN

For the Office of the Parliamentarian, $163,175, including the Parliamentarian and $2,000 for preparing the Digest of the Rules, as authorized by law. COMPILATION OF PRECEDENTS OF HOUSE OF REPRESENTATIVES

For compiling the precedents of the House of Representatives, as heretofore authorized, $14,540. OFFICE OF THE CHAPLAIN

For the Office of the Chaplain, $19,770. OFFICE OF THE CLERK

For the Office of the Clerk, including not to exceed $204,830 for the House Recording Studio, $2,600,000.

811

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