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OFFICE OF THE SERGEANT AT ARMS

For the Office of the Sergeant at Arms, $3,300,000. OFFICE OF THE DOORKEEPER

For the Office of the Doorkeeper, $2,575,000. OFFICE OF THE

POSTMASTER

For the Office of the Postmaster, including $13,670 for employment of substitute messengers and extra services of regular employees when required at the basic salary rate of not to exceed $2,100 per annum each, $720,000. COMMITTEE

EMPLOYEES

For committee employees, including the Committee on Appropriations, $H,50,(X)0. SPECIAL A N D M I N O R I T Y E M P L O Y E E S

For six minority employees, $188,730. For the House Democratic Steering Committee, $60,350. For the House Republican Conference, $60,350. For the office of the majority floor leader, including $3,000 for official expenses of the majority leader, $128,050. For the office of the minority floor leader, including $3,000 for official expenses of the minority leader, $118,560. For the office of the majority whip, including $13,480 basic lump-sum clerical assistance, $96,515. For the office of the minority whip, including $13,480 basic lump-sum clerical assistance, $96,515. For two printing clerks, one for the majority caucus room and one for the minority caucus room, to be appointed by the majority and minority leaders, respectively, $20,630, to be equally divided. For a technical assistant in the office of the attending physician, to be appointed by the attending physcian, subject to the approval of the Speaker, $18,540. OF F I C I A L REPORTERS OP DEBATES

For official reporters of debates, $357,015. OFFICIAL REPORTERS TO COMMITTEE S

For official reporters to committees, $438,885. COMMITTEE ON APPROPRIATIONS

2°us*c'7 2a^'

For salaries and expenses, studies and examinations of executive agencies, by the Committee on Appropriations, and temporary personal services for such committee, to be expended in accordance with section 202(b) of the Legislative Reorganization Act, 1946, and to be available for reimbursement to agencies for services performed, $1,015,000. OFFICE OF THE LEGISLATIVE COUNSEL

For salaries and expenses of the Office of the Legislative Counsel of the House, $526,000.

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PUBLIC LAW 91-382-AUG. 18, 1970 MEMBERS' CLERK

813

HIRE

For clerk hire, necessarily emplo^y^ed by each Member in the discharge of his official and representative duties, $48,^00,000. CONTINGENT EXPENSES OF THE HOUSE FURNrrURK

For furniture, materials for furniture repairs, including- tools and machinery for furniture repair shops, and for purcliase of packing boxes and carpets, $300,000. The Clerk of the House is authorized and directed to transfer to Library of the Library of Congress, without exchange of funds, such office fumi- °"^''^^^* ture and equipment as the Clerk shall have determined to be excess to the needs of the House and the Librarian of Congress deems necessary and suitable to the needs of the Library. MISCELLANEOUS

ITEMS

For miscellaneous items, exclusive of salaries unless specitically ordered by the House of Representatives, including the sum of $270,000 for payment to the Architect of the Capitol in accordance with section 208 of the Act approved October 9, 1940 (Public Law S12): exchange, operation, maintenance, and repair of the Clerk's inotor veliicles, the publications and distribution service motor truck, and the post office motor vehicles for carrying the mails; not to exceed $5,000 for the purposes authorized by section 1 of House Resolution 348, approved June 29, 1961; purposes authorized by House Resolution 416, Eighty-ninth Congress; the sum of $600 for hire of automobile for the Sergeant at Arms; materials for folding; and for stationery for the use of committees, departments, and officers of the House; $5,875,000. CONGRESSIONAL S T U D E N T I N T E R N

40 5*sc mk"

PROGRAM

Such amount of the af)propriation in this Act for "miscellaneous funds^"^*^""^ "^ items" as may be necessary for purposes authorized by House Resolution 416, Eighty-ninth Congress, shall be immediately available. GOVERNMENT

CONTRIBUTIONS

For contributions to employees life insurance fund, retirement fund, and health benefits fund, as authorized by law, $4,300,000, and in addition, such amount as may be necessary may be transferred from the preceding appropriation for "miscellaneous items". REPORTING

HEARINGS

For stenographic reports of hearings of committees other than special and select committees, $373,750. SPECIAL A N D SELECT C O M M I ' l T E E S

For salaries and expenses of special and select committees authorized by the House, $6,800,000.

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TELEGRAPH A N D TELEPHONE

For telegraph and telephone service, exclusive of personal services, $3,650,000. STATIONERY

(REVOLVING

FUND)

For a stationery allowance for each Member for the first session of the Ninety-second Congress, as authorized by law, $1,308,000, to remain available until expended. POSTAGE STAMP

ALLOWANCES

Postage stamp allowances for the first session of the Ninety-second Congress, as follows: Clerk, $1,120; Sergeant at Arms, $840; Doorkeeper, $700; Postmaster, $560, airmail and special-delivery postage stamps for each Member, the Speaker, the majority and minority leaders, the majority and minority whips, and to each standing committee, as authorized by law; $320,390. REVISION OF LAWS

61 Stat. 637.

For preparation and editing of the laws as authorized by 1 U.S.C. 202, 203, 213, $35,000, to be expended under the direction of the Committee on the Judiciary. LEADERSHIP

AUTOMOBILES

For purchase, exchange, hire, driving, maintenance, repair, and operation of an automobile for the Speaker, $15,750. For purchase, exchange, hire, drivm^, maintenance, repair, and operation of an automobile for the majority leader of the House, $15,750. For purchase, exchange, hire, driving, maintenance, repair, and operation of an automobile for the minority leader of the House, $15,750. N E W EDITION OF THE DISTRICT OF COLUMBIA CODE

For preparation of a new edition of the District of Columbia Code, $150,000, to remain available until expended, and to be expended under the direction of the Committee on the Judiciary. ADMINISTRATIVE PROVISIONS

78 Stat. 1079.

Except as provided by the House Employees Position Classification Act (2 U.S.C. 291 and following) or by any other provision of law to the contrary, salaries or wages paid out of the items herein for the House of Representatives shall oe computed at basic rates, plus increased and additional compensation, as authorized and provided by law.

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JOINT ITEMS For joint committees, as follows: JOINT CoMMirraK o x EEDUCTION OF FEDERAL EXPENDITURES

For an amount to enable the Joint Committee on Reduction of Federal Expenditures to carry out the duties imposed upon it by section 601 of the Revenue Act of 1941 (55 Stat. 726), to remain available during the existence of the Committee, $61,000, to be disbursed by the Secretary of the Senate.

^9 Stat. io2<>.

CONTINGENT EXPENSHS OF THE SENATE JOINT rX^ONOMIC COMMrriT.E

For salaries and expenses of the Joint Economic Committee, .TOINT COMMFITEE ON ATOMIC ENERGY
 * 572,900'.

For salaries and expenses of the Joint Committee on Atomic Energy, $484,640. .TOINT COMMTITEE ON PRINTING

For salaries and expenses of the Joint Committee on Printing, J!>236,110; and for salaries and expenses of compiling, preparing, and indexing material for the 1970 edition of the Biographical Congressional Directory, $17,000; in all, $253,110. ('0NTiN(}ENT E X P E N S E S

OF THE H O U S E

JOINT COMMn'PEE ON I N T ^ N A L REVENUE TAXA'ITON

For salaries and expenses of the Joint (Committee on Internal Revenue Taxation, $657,715. '

JOINT OOMMrrrEE ON DEFENSE PRODUCTION

For salaries and expenses of the Joint Committee on Defense Production as authorized by the Defense Production Act of 1950, as amended, $118,800. ' 64 Stat. 798. For other joint items, as follows: 206°."^^ ^^^* OFFICE OF THE ATTENDING PHYSICIAN

For medical supplies, equipment, and contingent expenses of the emergency rooms, and for the attending physician and his assistants, including (1) an allowance of one thousand dollars per month to the attending physician; (2) an allowance of one hundred fifty dollars per month each to three medical officers while on duty in the attending physician's office; and (3) an allowance of one hundred fifty dollars per month each to not to exceed eight assistants on the basis heretofore provided for such assistants, $77,300.

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(\^l»ITL POLICK GENERAL

EXPENSES

For purchasing and supplying uniforms; the purchase, maintenance, and repair of police motor vehicles, including two-way police radio equipment; contingent expenses, including $25 per month for extra services performed for the Capitol Police Board by such member of the staff of the Sergeant at Arms of the Senate or the House as nuiy be designated by the Chairman of the I^oard; $134,000. C A P n X) I. POLICE BOARD

To enable the Capitol Police l^oard to provide additional protection for the Capitol Buildings and Grounds, including the Senate and House Office Buildings and the Capitol Power Plant, $880,000. Such sum shall be expended only for payment of salaries and other expenses of personnel detailed from the Metropolitan Police of the District of C^olumbia, and the Commissioner of the District of Columbia is authorized and directed to make such details upon the request Derail per^f the I^oard. Personnel so detailed shall, during the period of such Sonne1 detail, serve under the direction and instructions of the Board and are authorized to exercise the same authority as members of such Metropolitan Police and members of the Capitol Police and to perform such Reimbursement. Q^^j^er cluties as may be assigned by the Board. Reimbursement for salaries and other expenses of such detail personnel shall be made to the government of the District of Columbia, and any sums so reimbursed shall be credited to the appropriation or appropriations from which such salaries and expenses are payable and shall be available for all the purposes thereof: Provided, That any person detailed under the authority of this paragraph or under similar authority t\ !*^*' ^!!' ^^ ^^® Legislative Branch Appropriation Act, 1942, and the Second 54 Stat. Deficiency Appropriation Act, 1940, from the Metropolitan Police of the District of Columbia shall be deemed a member of such Metropolitan Police during the period or periods of any such detail for all purposes of rank, pay, allowances, privileges, and benefits to the same extent as though such detail had not been made, and at the termination thereof any such person who was a member of such police on fluly 1, 1940, shall have a status with respect to rank, pay, allowances, privileges, and benefits which is not less than the status of such person in such police at the end of such detail: Provided further, That the (Commissioner of the District of Columbia is directed (1) to pay the deputy chief of police detailed under the authority of this paragraph and serving as Chief of the Capitol Police, the salary of the rank of deputy chief plus $4,000 and such increases in basic compensation as may be subsequently provided by law so long as this position is held by the present incumbent, (2) to pay the two acting inspectors detailed under the authority of this paragraph and serving as assistants to the Chief of the Capitol Police, the salary of the rank of inspector plus $1,625 and such increases in basic compensation as may be subsequently provided by law so long as these positions are held by the present incumbents, (3) to elevate and pay the two acting lieutenants detailed under the authority of this paragraph and serving as supervisors of the plainclothes officers to the rank and salary of captains plus $1,625 and such increases in basic compensation as may be subsequently provided by law so long as these positions are held by the

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present iiicuiubeiits, (4) to pay the three detectives permanently detailed under the authority of this paragraph and serving as acting detective sergeants the salary of the rank of detective sergeant and such increases in basic compensation as may be subsequently provided by law, and (5) to elevate and pay the acting sergeant of the uniform force regularly assigned as such to the rank and salary of lieutenant and such increases in basic compensation as may be subsequently provided by law so long as this position is held by the present incumbent. No part of any appropriation contained in this Act shall be paid as compensation to any person appointed after June 30, 1935, as an officer or member of the Capitol Police who does not meet the standards to be prescribed for such appointees by the Capitol Police Board: Provided, That the Capitol Police Board is hereby authorized to detail police from the House Office, Senate Office, and Capitol buildings for police duty on the Capitol Grounds and on the Library of Congress Grounds. EDUCATION or

PAGES

For education of congressional pages and pages of the Supreme Court, pursuant to section 243 of the Legislative Keorganization Act, 1946, $112,310, which amount shall be advanced and credited to the applicable appropriation of the District of Columbia, and the Board of Education of the District of Columbia is here^by authorized to employ such personnel for the education of pages as may be required and to pay compensation for such services in accordance with such rates of compensation as the Board of Education may prescribe.

2°us*c*'88a^^'

OFP^K'IAL MAIL COSTS

For expenses necessary for official mail costs pursuant to title 39, U.S.C., section 4107, $11,244,000, to be available immediately. The foregoing amounts under "other joint items" shall be disbursed by the Clerk of the House.

74 Stat. 663; 82 Stat. 278.

STATEMENTS OF APPROPRIATIONS

For the preparation, under the direction of the Committees on Appropriations of the Senate and House of Representatives, of the statements for the second session of the Ninety-first Congress, showing appropriations made, indefinite appropriations, and contracts authorized, together with a chronological history of the regular appropriation bills as required by law, $13,000, to be paid to the persons designated by the chairmen of such committees to supervise the work. ARCHITECT OF THE CAPITOL OFFICE OF THE ARCHITECT OF THE CAPITOL SALARIES

For the Architect of the Capitol; the Assistant Architect of the Capitol; the Executive Assistant (whose salary shall be equivalent to the rate for grade GS-18 of the General Schedule (5 U.S.C. 5332a), on and after the date of enactment hereof); and other personal services; at rates of pay provided by la^v, $938,800: Provided, That, on

^"'^' P- ^^«-^-

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and after such date, the Assistant Architect of the Capitol shall act as Architect of the Capitol during the absence or disability of that official or whenever there is no Architect, and, in case of the absence or disability of the Assistant Architect, the Executive Assistant shall so act. Appropriations under the control of the Architect of the (Capitol shall be available for expenses of travel on official business not to exceed in the aggregate under all funds the sum of $20,000. CONTINGENT

EXPENSES

To enable the Architect of the Capitol to make surveys and studies and to meet unforeseen expenses in connection with activities under his care, $50,000. CAPITOL BUILDINGS AND GKOUNDS

OAprix)L

g^%Stat.^508; 41 USC 5.

BUILDINGS

For necessary expenditures for the Capitol Building and electrical substations of the Senate and House Office Buildings, under the jurisdiction of the Architect of the Capitol, including improvements, mainteiiance, repair, equipment, supplies, material, fuel, oil, waste, and appurtenances; furnishings and office equipment; special and protective clothing for workmen; uniforms or allowances therefor as author^2ed by law (5 JT.S.C. 5^01-5902); personal and other services; cleaning and repairing works of art, without regard to section 8709 of f\^^ Revised Statutes, as amended; purchase or exchange, maintenance and operation of a passenger motor vehicle; purchase of necessary reference books and periodicals; for expenses of attendance, when specifically authorized by the Architect of the Capitol, at meetings or conventions in connection with subjects related to work under the Architect of the Capitol, $2,442,526, of which $100,000 shall remain available until expended. Not to exceed $125,000 of the unobligated balance of the appropriation under this head for the fiscal year 1970 is hereby continued available until June 30, 1971. CAPITOL

GROUNDS

For care and improvement of grounds surrounding the (^apitol, the Senate and House Office Buildings, and the Capitol Power Plant; personal and other services; careof trees; planting; fertilizers; repairs to pavements, walks, and roadways; waterproof wearing apparel; manitenance of signal lights; and for snow removal by hire of men and equipment or under contract without regard to section 8709 of the Revised Statutes, as amended; $881,800. S E N A I T. OFFICE B U I L D I N G S

For maintenance, miscellaneous items and supplies, including furniture, furnishings, and equipment, and for labor and material incident thereto, and repairs thereof; for purchase of waterproof wearing apparel, and for personal and other services; including eight attendants at $1,800 each; for the care and operation of the Senate Office Buildings; including the subway and subway transportation systems conJiecting the Senate Office Buildings with the Capitol; uniforms or allowances therefor as authorized by law (5 T^S.C. 5901-5902), preven-

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turn and eradicjition of insect and other pests withoiit regard to section 3709 of the Revised Statutes as amended; to be expended under the control and supervision of the Architect of the Capitol; in all, $3,855,000, of which $250,000 shall remain available until expended and of which $80,000 shall remain available until June 80, 1972. EXTBNSIOX OF ADDITIONAL SENATE OFFICE B U I L D I N G

4i use s.

SITE

To enable the Architect of the Capitol, under the direction of the Senate Office l^uilding Connnission, to acquire on behalf of the Fnited States, in addition to the real propei+y heretofore acquired under the provisions of the Second Deficiency Appropriation Act, 1948, approved June 25, 1948 (62 Stat. 1028), as a site for an additional office building for the United States Senate, and under Public Law 85-591, approved August 6, 1958 (72 Stat. 495-t96) and Public Law 85-429, approved May 29, 1958 (72 Stat. 148-149), for purposes of extension of such site or for additions to the Ignited States Capitol (xrounds, and authorized to be acquired for such purposes by Public Law 91-145, approved December 12, 1969 (88 Stat. 852-858), by purchase, condenmation, transfer, or otherwise, for purposes of further extension of such site oi' for additions to the Ignited States Capitol Grounds, all privately owned property contained in lots 845 and 882 in square 724 in the District of Columbia, as such square appears on the records in the office of the surveyor of the District of Columbia as of the date of the approval of this Act: Provided, That any proceeding for condemnation brought under this Act shall be conducted in accordance with the Act of December 28, 1968 (16 D.C. Code, sees. 1851-1868): Proruled further. That for the purposes of this Act, square 724 shall be deemed to extend to the outer face of the curbs surrounding such square: Provided fvrfher. That, notwithstanding any other provision of law, any parts of streets contained within the curblines surrounding square 724 shall, upon request of the Architect of the (^apitol, made with the approval of the Senate Office Building Connnission, be transferred to the jurisdiction and control of the Architect of the Capitol: Provided further. That, upon acquisition of any real property pursuant to this Act, the Architect of the Capitol, when directed by the Senate Office Building Commission to so act, is authorized to provide for the demolition and/or removal of any buildings or other structures on, or constituting a part of, such property and, pending demolition, to use the property for Government purposes or to lease any or all of such property for such periods and under such terms and conditions as he may deem most advantageous to the Ignited States and to incur any necessary expenses in connection therewith: Provided further. That the jurisdiction of the Capitol Police shall extend over any real property acquired under this Act and such property shall become a part of the United States CaT)itol Grounds; and the Architect of the Capitol, under the direction of the Senate Office Building (Commission, is authorized to enter into contracts and to make such expenditures, including expenditures for personal and other services, as may be necessary to carry out the purposes of this appropriation: $510,000, to remain available until expended. SENATE (JARAGE

For maintenance, repairs, alterations, persona1 and other service", and all other necessary expenses, $80,000.

77 Stat. 577.

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PUBLIC LAW 91-382-AUG. 18, 1970 HOUSE

8i*statr'206°^' 41 USC 5.

OFFICE

[84 STAT.

BUILDINGS

For maintenance, including equipment; waterproof wearing apparel; uniforms or allowances therefor as authorized by law (5 U.S.C. 5901-5902); prevention and eradication of insect and other pests without regard to section 3709 of the Revised Statutes, as amended; miscellaneous items; and for all necessary services, including the position of Superintendent of Garages as authorized by law, $6,165,000; of which $112,000 shall remain available until June 30, 1972. CAPITOL POWER

PLANT

For lighting, heating, and power (including the purchase of electrical energy) for the Capitol, Senate and House Office Buildings, Supreme Court Building, Congressional Library Buildings, and the grounds about the same. Botanic Garden, Senate garage, and for airconditioning refrigeration not supplied from plants m any of such buildings; for heating the Government Printing Office, Washington City Post Office, and Folger Shakespeare Library, reimbursement for which shall be made and covered into the Treasury; personal and other services, fuel oil, materials, waterproof wearing apparel, and all other necessary expenses in connection with the maintenance and operation of the plant; $3,915,300. EXPANSION OF FACILITIES, CAPITOL POWER P L A N T

For an additional amount for "Expansion of facilities, Capitol power plant", $50,000, to remain available until expended and to be expended by the Architect of the Capitol under the direction of the House Office Building Commission, in accordance with the provisions of the Act of September 2, 1958 (72 Stat. 1714-1716). LIBRARY BUILDINGS AND GROUNDS STRUCTURAL AND MECHANICAL CARE

For necessary expenditures for mechanical and structural maintenance, including improvements, equipment, supplies, waterproof wearing apparel, and personal and other services, $1,555,200, of which $165,000 shall remain available until June 30, 1972. Not to exceed $29,500 of the unobligated balance of the appropriation under this head for the fiscal year 1970 and the unooligated balance of the amount of $60,000 appropriated under this head for the fiscal year 1969 and continued available until June 30, 1970 are hereby continued available until June 30, 1971. F U R N I T U R E AND

Ante. p. 309.

FURNISHINGS

For furniture, partitions, screens, shelving, and electrical work pertaining thereto and repairs thereof, office and library equipment, apparatus, and labor-saving devices, $350,000: Provided, That these funds shall be transferred by the Architect of the Capitol to the Librarian of Congress for expenditure in accord with Public Law 91-280, appTOved June 12, 1970.

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LIBRARY o r CONGRESS JAMES MADISON MEMORIAL BUILDING

For additional amount for "Library of Congress James Madison Memorial Building", $15,610,000, authorized by the Act of October 19, 1965 (79 Stat. 986-987), as amended by the Act of March 16, 1970 (84 Stat. 69), to remain available until expended.

2 USC 141 note.

B O T A N I C GAKDEN SALARIES AND EXPENSES

For all necessary expenses incident to maintaining, operating, repairing, and improving the Botanic Garden and the nurseries, buildings, grounds, collections, and equipment pertaining thereto, including personal services; waterproof wearing apparel; not to exceed $25 for emergency medical supplies; traveling expenses, including bus fares, not to exceed $275; the prevention and eradication of insect and other pests and plant diseases by purchase of materials and procurement of personal services by contract without regard to the provisions of any other Act; purchase and exchange of motor trucks; purchase and exchange, maintenance, repair, and operation of a passenger motor vehicle; purchase of botanical books, periodicals, and books of reference, not to exceed $100; all under the direction of the Joint Committee on the Library; $672,800. L I B R A R Y O F CONGRESS SALARIES AND EXPENSES

For necessary expenses of the Library of'Congress, not otherwise provided for, including development and maintenance of the Union Catalogs; custody, care, and maintenance of the Library Buildings; special clothing; cleaning, laundering, and repair of uniforms; preservation of motion pictures in the custody of the Library; and expenses of the Library of Congress Trust Fund Board not properly chargeable to the income of any trust fund held by the Board, $21,573,100, including $604,000 to be available for reimbursement to the General Services Administration for rental of suitable space in the District of Columbia or its immediate environs for the Library of Congress. COPYRIGHT OFFICE SALARIES AND EXPENSES

For necessary expenses of the Copyright Office, including publication of the decisions of the United States courts involving copyrights, $3,594,500. LEGISLATIVE REFERENCE SERVICE SALARIES AND EXPENSES

For necessary expenses to carry out the provisions of section 203 of the Legislative Reorganization Act of 1946, as amended (2 U.S.C. 166), $5,178,000: Provided, That no part of this appropriation may be used to pay any salary or expense in connection with any publication, or preparation of material therefor (except the Digest of Public

^ost, p. iisi.

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General Bills), to be issued by the Library of Congress unless such publication has obtained prior approval of either the Committee on House Administration or the Senate Committee on Rules and Administration. DISTRIBUTION OF CATALOG CARDS SALARIES AND EXPENSES

For necessary expenses for the preparation and distribution of catalog cards and other publications of the Library, $9,000,000: Provided, That $200,000 of this appropriation shall be apportioned for use pursuant to section 3679 of the Revised Statutes, as amended (31 U.S.C. 665), only to the extent necessary to provide for expenses (excluding permanent personal services) for workload increases not anticipated in the budget estimates and which cannot be provided for by normal budgetary adjustments. BOOKS FOR THE GENERAL COLLECTIONS

For necessary expenses (except personal services) for acquisition of books, periodicals, and newspapers, and all other material for the increase of the Library, $800,000, to remain available until expended, including $25,000 to be available solely for the purchase, when specifically approved by the Librarian, of special and unique materials for additions to the collections. BOOKS FOR THE LAW LIBRARY

For necessary expenses (except personal services) for acquisition of books, legal periodicals, and all otner material for the increase of the law library, $140,000, to remain available until expended. BOOKS FOR THE BLIND AND PHYSICALLY HANDICAPPED SALARIES AND EXPENSES

80 Stat. 330.

For salaries and expenses to carry out the provisions of the Act approved March 3, 1931 (2 U.S.C. 135a), as amended, $7,598,000. ORGANIZING AND MICROFILMING THE PAPERS OF THE PRESIDENTS SALARIES A N D EXPENSES

2 USC 131 note.

For necessary expenses to carry out the provisions of the Act of August 16, 1957 (71 Stat. 368), as amended by the Act of April 27, 1964 (78 Stat. 183), $136,000, to remain available until expended. COLLECTION AND DISTRIBUTION OF LIBRARY MATERIALS (SPECIAL FOREIGN CURRENCY PROGRAM)

80 Stat. 1528.

For necessary expenses for carrying out the provisions of section 104(b)(5) of the Agricultural Trade Development and Assistance ^ c t of 1954, as amended (7 U.S.C. 1704), to remain available until expended, $2,377,000, of which $2,148,000 shall be available only for

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payments in foreign currencies which the Treasury Department shall determine to be excess to the normal requirements of the United States. ADMINISTRATIVE PROVISIONS

Appropriations in this Act available to the Library of Congress for salaries shall be available for expenses of investigating the loyalty of Library employees; special and temporary services (including employees engaged by the day or hour or in piecework); and services as authorized by 5 U.S.C. 3109. «° ^'^'- ^'^' Not to exceed ten positions in the Library of Congress may be AUens, empioyexempt from the provisions of appropriation Acts concerning the employment of aliens during the current fiscal year, but the Librarian shall not make any appointment to any such position until he has ascertained that he cannot secure for such appointments a person in any of the categories specitied in such provisions who possesses the special qualifications for the particular position and also otherwise meets the general requirements for employment in the Library of Congress. Funds available to the Library of Congress may be expended to reimburse the Department of State for medical services rendered to employees of the Library of Congress stationed abroad and for contracting on behalf of and hiring alien employees for the Library of Congress under compensation plans comparable to those authorized by section 444 of the Foreign Service Act of 1946, as amended (22 U.S.C. 8 8 9 (a)); for purchase or hire of passenger motor vehicles; ^^ ^*^** ^^^' " for payment of tra\e], storage and transportation of household goods, and transportation and per diem expenses for families en route (not to exceed twenty-four); for benefits comparable to those payable under sections 911(9). 911(11), and 941 of the Foreign Service Act of 1946, as amended (22 U.S.C. 1136(9). 1136(11), and 1156, respectively); and travel benefits comparable with those which are now or s/statfey^r^' hereafter may be granted single employees of the Agency for Inter- 7o Stat. yoe. national Development, including single Foreign Service personnel assigned to A.LD. projects, by the Administrator of the Agency for International Development—or his designee—under the authority of section 636(b) of the Foreign Assistance Act of 1961 (Public Law 87-195, 22 U.S.C. 2396(b)); subject to such rules and regulations as ^^ ^'^'- ^^smay be issued by the Librarian of Congress. Payments in advance for subscriptions or other charges for biblio- Jms^"'^^ ^^^' graphical data. publications. materials in any other form, and services may be made by the Librarian of Congress whenever he determines it to be more prompt, efficient, or economical to do so in the interest of carrying out re([uired Library programs. GOVERNMENT PRINTING OFFICE PRINTIXO AND HIM)IX(

For authorized printing and binding for the Congress; for printing and binding for the Architect of the Capitol; expenses necessary for preparing the semimonthly and session index to the Congressional Record, as authorized by law (44 I \ S. ( \ 902): printing, binding, and distribution of the Federal Register (including the Code of Federal Regulations) as authorized by law (44 U.S.C. 1509, 1510): and printing and binding of Government publications authorized by law to be distributed without charge to the recipients: $32,000,000: Proru/e(/,

47-348 O - 72 - 56 (Pt. 1)

82 Stat. 1256.

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PUBLIC LAW 91-382-AUG. 18, 1970

[84 STAT.

That this appropriation shall not be available for printing and binding part 2 of the annual report of the Secretary of Agriculture (known as the Yearbook of Agriculture): Provided further, That this appropriation shall be available for the payment of obligations incurred under the appropriations for similar purposes for preceding fiscal years. OFFICP: OF SUPERINTENDENT or

DOCUMENTS

SALARIES AND E X P E N S E S

53*sta5^453^'^°'

For necessary expenses of the Office of Superintendent of Documents, including compensation of all employees in accordance with the Act entitled "An Act to regulate and fix rates of pay for employees and officers of the Government Printing Office", approved ^^^^ '^' ^^^^ ^^'^ U.S.C. 305); travel expenses (not to exceed $22,000); price lists and bibliographies; repairs to buildings, elevators and machinery; and supplying books to depository libraries; $11,382,000: Provided, That $200,000 of this appropriation shall be apportioned for use pursuant to section 3679 of the Revised Statutes, as amended (31 U.S.C. 665), with the approval of the Public Printer, only to the extent necessary to provide for expenses (excluding permanent personal services) for workload increases not anticipated in the budget estimates and which cannot be provided for by normal budgetary adjustments. GOVERNMENT PRINTING OFFICE REVOLVING F U N D

31 USC 849 *

For payment to the "Government Printing Office revolving fund", J2,000,000, to remain available until expended, for improving electrical and air-conditioning systems, and building structures, and additional capital as necessary for the operation and maintenance of the Government Printing Office. The Government Printing Office is hereby authorized to make such expenditures, within the limits of funds available and in accord with the law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out the programs and purposes set forth in the budget for the current fiscal year for the "Government Printing Office revolving fund": Provided, That during the current fiscal year the revolving fund shall be available for the hire of one passenger motor vehicle and the purchase of one passenger motor vehicle (station wagon).

GENERAL ACCOUNTING OFFICE SALARIES AND EXPENSES

80 Stat. 416. Ante,

p. 198-1.

For necessary expenses of the General Accounting Office, including not to exceed $3,500 to be expended on the certification of the Comptroller General of the United States in connection with special studies of governmental financial practices and procedures; 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 grade GS-18; advance payments in foreign countries notwithstanding section 3648, Revised Statutes, as amended (31 I"!.S.C. 529); benefits comparable to those payable under section 911(9), 911(11) and 942(a) of the Foreign

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 84 STAT. ]

825

PUBLIC LAW 91-383-AUG. 18, 1970

Service Act of 1946, as amended (22 U.S.C. 1136(9), 1136(11) and 1157(a), respectively); and under regulations prescribed by the Comptroller General of the United States, rental of living quarters in foreign countries and travel benefits comparable with those which are now or hereafter may be granted single employees of the Agency for International Development, including single Foreign Service personnel assigned to A.I.D. projects, by the Administrator of the Agency for International Development—or his designee—under the authority of Section 636(b) of the Foreign Assistance Act of 1961 (Public Law 87-195, 22 U.S.C. 2396(b)), $74,020,000.

75 Stat. 464; 81 Stat. 6 7 1.

75 Stat. 458.

GENERAL PROVISIONS SEC. 102. No part of the funds appropriated in this Act shall be used for the maintenance or care of private vehicles. SEC. 103. Whenever any office or position not specifically established by the Legislative Pay Act of 1929 is appropriated for herein or whenever the rate of compensation or designation of any position appropriated for herein is different from that specifically established for such position by such Act, the rate of compensation and the designation of the position, or either, appropriated for or provided herein, shall be the permanent law with respect thereto: Provided, That the provisions herein for the various items of official expenses of Members, officers, and committees of the Senate and House, and clerk hire for Senators and Members shall be the permanent law with respect thereto: Provided further, That the provisions relating to positions and salaries thereof carried in House Resolutions 644 and 865, Ninetyfirst Congress, shall be the permanent law with respect thereto. SEC. 104. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. This Act may be cited as the "Legislative Branch Appropriation Act, 1971". Approved August 18, 1970.

46 Stat. 32. 2 USC 60a note.

Short title.

Public Law 91-383 AN ACT To improve the administration of the national park system by the Secretary of the Interior, and to clarify the authorities applicable to the system, and for other purposes.

August 18, 1970 [H. R. 14114]

Be it enacted by the Senate and House of Representatives of the National park Vmted States of America in Congress assembled., That Congress ^ ^^^^ declares that the national park system, which began with establish- Administration; ment of Yellowstone National Park in 1872, has since grown to include authority ciarisuperlative natural, historic, and recreation areas in every major ^'le use 21. region of the United States, its territories and island possessions; that these areas, though distinct in character, are united through their inter-related purposes and resources into one national park system as cumulative expressions of a single national heritage; that, individually and collectively, these areas derive increased national dignity and recognition of their superb environmental quality through their inclusion jointly with each other in one national park system preserved and managed for the benefit and inspiration of all the people of the United States; and that it is the purpose of this Act to include all such areas in the System and to clarify the authorities applicable to the system.

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PUBLIC LAW 91-383-AUG. 18, 1970

[84 STAT.

SEC. 2. (a) Section 1 of the Act of August 8, 1953 (67 Stat. 496; 16 U.S.C. l b), is amended by deleting "and miscellaneous areas administered in connection therewith'" and "and miscellaneous areas" wherever they appear. (b) Section 2 of the Act of August 8, 1953 (67 Stat. 496; 16 U.S.C. Ic), is amended to read as follows: sy's'tlm'""^' ^"""^ "SEC. 2. (a) The 'national park system' shall include any area of land and water now or hereafter administered by the Secretary of the Interior through the National Park Service for park, monument, historic, parkway, recreational, or other purposes. Authorities, "(jj) Eacli area within the national park system shall be adminiscabi°i^.^^^^^' tered in accordance with the provisions of any statute made specifically applicable to that area. In addition, the provisions of this Act, and the \arious authorities relating to the administration and protection of •areas under the administration of the Secretary of the Interior through the National Park Service, including but not limited to the Act of Augiist 25, 1916 (39 Stat. 535), as amended (16 U.S.C. 1, 2-4), the Act 66 Stat. 95. of March 4, 1911 (36 Stat. 1253), as amended (16 U.S.C. 5) relating to rights-of-way, the Act of June 5, 1920 (41 Stat. 917), as amended (16 U.S.C. 6), relating to donation of land and money, sections 1, 4, 5, and 6 of the Act of April 9, 1924 (43 Stat. 90), as amended (16 U.S.C. 46 Stat. 1053. 8 and 8a-8c), relating to roads and trails, the Act of March 4, 1931 (46 Stat. 1570; 16 U.S.C. 8d) relating to approach roads to national monuments, the Act of June 3, 1948 (62 Stat. 334), as amended (16 U.S.C. 70 Stat. 908. 8e-8f), relating to conveyance of roads to States, the Act of August 31, 1954 (68 Stat. 1037), as amended (16 U.S.C. 452a), relating to acquisitions of inholdings, section 1 of the Act of July 3, 1926 (44 Stat. 900), as amended (16 U.S.C. 12), relating to aid to visitors in emergencies, the Act of March 3, 1905 (33 Stat. 873; 16 U.S.C. 10), relating to arrests, sections 3,4, 5, and 6 of the Act of May 26, 1930 (46 Stat. 381), as amended (16 U.S.C. 17b, I7c, 17d, and I7e), relating to services or other accommodations for the public, emergency supplies and services to concessioners, acceptability of travelers checks, care and removal of indigents, the Act of October 9, 1965 (79 Stat. 696; 16 U.S.C. 79 Stat. 969. 20-20g), relating to concessions, the Land and AVater Conservation It vie S. 4 ^'^^^^ ^^^^ ^^ ^^^^' '"^^ amended, and the Act of July 15, 1968 (82 Stat. note. ' 355), shall, to the extent such provisions are not in conflict with any such specific provision, be applicable to all areas within the national park system and any reference in such Act to national parks, monuments, recreation areas, historic monuments, or parkways shall hereinafter not be construed as limiting such Acts to those areas." int^eMo^^authorit ^^^" ^- ^^ Order to facilitate the administration of the national park system, the Secretary of the Interior is authorized, under such terms and conditions as he may deem advisable, to carry out the following activities: (a) provide transportation of employees located at isolated areas of the national park system and to members of their families, w'here (1) such areas are not adequately served by commercial transportation, and (2) such transportation is incidental to official transportation services; (b) provide recreation facilities, equipment, and services for use by employees and their families located at isolated areas of the national park system; (c) appoint and establish such advisory committees in regard to the functions of the National Park Service as he may deem advisable, members of which shall receive no compensation for their services as such but who shall be allowed necessary travel expenses as authorized by section 5 of the Administrative Expenses 83'statr'i9o!''

^^^<^ « ^ 1 ^ 4 ^ ( ^ ^•^•^'

^'^^^'^

5

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PUBLIC LAW 91-384-AUG. 18, 1970

(d) purchase field and special purpose equipment required by employees for the performance of assigned functions which shall be regarded and listed as park equipment; (e) enter into contracts which provide for the sale or lease to persons, States, or their political subdivisions, of services, resources, or water available within an area of the national park system, if such person. State, or its political subdivision— (1) provides public accommodations or services within the immediate vicinity of an area of the national park system to persons visiting the area; and (2) has demonstrated to the Secretary that there are no reasonable alternatives by which to acquire or perform the necessary services, resources, or water; (f) acquire, and have installed, air-conditioning units for any Government-owned passenger motor vehicles used by the National Park Service, where assigned duties necessitate long periods in automobiles or in regions of the United States where high temperatures and humidity are common and prolonged; (g) sell at fair market value without regard to the requirements of the Federal Property and Administrative Services Act of 1949, as amended, products and services produced in the conduct of living exhibits and interpretive demonstrations in areas of the national park system, to enter into contracts including cooi^erative arrangements with respect to such living exhibits and interpretive demonstrations and park programs, and to credit the proceeds therefrom to the appropriation bearing the cost of such exhibits and demonstrations. SEC. 4. The Act of March 17, IMS (62 Stat. 81), is amended by deleting from section 1 thereof the words "over which the United States has, or hereafter acquires, exclusive or concurrent criminal jurisdiction," and changing section 3 to read as follows: "SEC. '^. For the purposes of this Act, the environs of the District of Columbia are hereby defined as embracing Arlington, Fairfax, Loudoun, Prince William, and Stafford Counties and the city of Alexandria in Virginia, and Prince Georges, Charles, Anne Arundel, and Montgomery Counties in Maryland." Approved August 18, 1970.

63 Stat. 377. 40 USC 471 note.

U.S. Park P o l i c e, jurisdiction in D.C. environs. Definition.

Public Law 91-384 AN ACT To amend the Agricultural Marketing Agreement Act of 1987 to authorize marketing agreements providing for the advertising of papayas.

Be it enacted by the Senate and Hou>ie of Repremntatives of the United States of America in CongreHH aasembled^ SECTION 1. The proviso at the end of section 8c(6)(1) of the Agricultural Adjustment Act (as reenacted by the Agricultural Marketing Agreement Act of 1987, and as subsequently amended (7 U.S.C. 608c (6)(I)), is amended by inserting "papayas," immediately after "applicable to cherries,". Approved August 18, 1970.

August 18, 1970 [S.2484]

Papayaj. Marketing agreements.

76 Stat, 632; 79 Stat. 1270.

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Page:The Eurypterida of New York Volume 1.pdf/133

 qualifies his suggestion by admitting that the details of this structure are hardly sufficiently known to admit of our attaching very much morphological value to it. Hughmilleria exhibits the same type of opercular appendage as Pterygotus but is in all other respects a more primitive form than the latter. The evidence from both Hughmilleria and the appendages of such forms as  indicates that the development of the organ in question has taken a different course in the Pterygotus and Eurypterus branches.

We have observed no facts in either ontogeny or in Strabops that would seem to indicate the date of the development of the genital operculum. Laurie [op. cit. p. 525] has argued that both Limulus and the scorpions came off from the eurypterid stem before the great development of the genital operculum, because in Limulus an appendage of the second abdominal segment is present which has become reduced in the eurypterids and in the scorpions the second segment is well developed. The scorpions have, however, not been traced farther back than the Siluric, and Limulus not even so far. Thus they leave us in doubt as to the date of the suppression of the second body segment in the eurypterids, but it is obviously safe to assume that it had already taken place in Strabops in view of the typical development of all other eurypterid characteristics in that early genus.

The abdomen of the prototype of the eurypterids was more or less terete, contracting gradually and thereby lacking the distinct differentiation on dorsal view into preabdominal and postabdominal regions by any abrupt constriction at the posterior end of the preabdomen. This is evidenced by both the adult Strabops and the larvae of the Siluric genera. The segments were of nearly equal length, lacking the marked lengthening of the caudal part of the body which finds its extreme in Eusarcus. The number of the segments was already fixed in the Cambric progenitors, Strabops having six tergites and six postabdominal segments. The larvae of the Siluric genera have less in the nepionic stage but soon reach the full complement, thus attesting in their ontogeny the early fixation of the number of segments in their phylogeny.


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PUBLIC LAW 91-385-AUG. 20, 1970

[84 STAT.

Public Law 91-385 . on

AN ACT

,o.n

August 20, 1970 [ w R. 17711] H To amend the District of Columbia Cooperative Association Act, and for otiier purposes. D.C. usury law, exemption

54 Stat. 490. 37 Stat. 657; 78 Stat. 675. D.C. Code 28fn/ra.^'^ ^*''"

\\ ^t|J,- 1246. and note. 72 Stat. 1203; "sV'usc 180118 27.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 43 of the District of Columbia Cooperative Association Act (D.C. Code, g^c. 29-843) is amended by adding at the end thereof the followingnew sentence: "The Act of February 4, 1913 (D.C. Code, secs. 26-601— 26-611) (relating to licenses for loaning of money), and chapter 33 of title 28 of the District of Columbia Code (relating to interest rates) shall not apply to— " (A) any association formed under this Act (whose sole function is to arrange and provide financing for its members), and " (B) any members of such association engaged in utility operations with respect to any contract or agreement between such association and any member relating to a loan of money in connection with such utility operations." SEC. 2. (a) Chapter 33 of title 28 of the District of Columbia Code is amended by adding the following new section: "§28-3307. District of Columbia Council authorized to exempt certain mortgages and loans "The District of Columbia Council is authorized from time to time to provide by regulation for the exemption from the provisions of this chapter of any mortgage or loan insured or guaranteed under the National Housing Act or chapter 37 of title 38, United States Code, the iuterest rate of which is subject to regulation by an officer or agency of the Federal Government. The Council is further authorized to amend or repeal any such regulation at any time, but no such amendment or repeal shall affect any such loan o r m o r t g a g e lawfully m a d e o r c o m m i t t e d to be m a d e while such e x e m p t i o n is in effect."

(b) The chapter analysis of chapter 33 of title 28 is amended by inserting immediately below the item relating to section 28-3306 the following new item: "28-3307. District of Columbia Council authorized to exempt certain mortgages and loans". Approved August 20, 1970.

Public Law 91-386 August 24, 1970 ^ ACT [H. R. 15866] To repeal the Act of August 25, 1959, with respect to the final disposition of the affairs of the Chotlaw Tribe. Choctaw Indians

RTpe°ai. 25 USC 355

note

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of August 25, 1959 (73 Stat. 4 2 0), as amended, is repealed. SEC. 2. Repeal of the Act of August 25, 1959, shall not be construed

to abrogate, impair, annul, or otherwise affect any right or interest which may have vested under the provisions of said Act nor shall repeal affect any legal action pending on the date of enactment of this Act. Approved August 24, 1970.

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PUBLIC LAW 91-387-AUG. 24, 1970

829

Public Law 91-387 AN ACT To amend section 4 of the Fish and Wildlife Act of IJ)")^. as amended, to extend the term during which the Secretary of the Interior can make rtsheries loans under the Act, and for other purposes.

August 24, 1970 [S. 3102]

Be it enacted by the Senate and House of Representatives of the Fisheries loan United States of Amerioa in Congress assembled, That section 4(c) of fund, extension. the Fish and Wildlife Act of 1956 (70 Stat. 1121), as amended (16 U.S.C. 742c(c)), is further amended by changing the date "June 80, ^^ ^*^*' ^^^ 1970" to "June 30, 1980" where it appears three times. SEC. 2. Section 4(b) of the Fish and Wildlife Act of 1956 (16 U.S.C. Conditions, 742c(b)) is amended by striking out paragraphs (7) and (8) and inserting in lieu thereof the following: U.S. citizen or "(7) An applicant for a fishery loan must be a citizen or national of national. the United States. " (8) Within the meaning of this section, a corporation, partnership, or association shall not be deemed to be a citizen of the United States unless the Secretary determines that it satisfactorily meets all of the requirements set forth in section 2 of the Shipping Act, 1916, as amended, for determining the United States citizenship of a corpora- yg'^stat^sq?"^^' tion, partnership, or association operating a vessel in the coastwise 46 USC 802. trade. "(9)(A) The nationality of an applicant shall be established to the ^ •^•"^"''^" . ^ « ' ^. '

PI

/-,

"^

xTT- 1 •*

T

•

p

^ •

•

Samoa, corpora-

satisfaction or the Secretary. Withm the meaning 01 this section, no tion ownership corporation, partnership, or association organized under the laws of ••equirements. American Samoa shall be deemed a national of the United States unless 75 per centum of the interest therein is owned by nationals of the United States, citizens of the United States, or both, and in the case of a corporation, unless its president or other chief executive officer and the chairman of its board are nationals or citizens of the United States and unless no more of its directors than a minority of the number necessary to constitute a quorum are nonnationals and noncitizens. " (B) Seventy-five per centum of the interest in a corporation shall not be deemed to be owned by nationals of the United States, citizens of the United States, or both, (i) if the title to 75 per centum of its stock is not vested in such nationals and citizens free from any trust or. fiduciary obligation in favor of any person not a national or citizen of the United States; or (ii) if 75 per centum of the voting power in such corporation is not vested in nationals of the United States, citizens of the United States, or both; or (iii) if through any contract or understanding it is so arranged that more than 25 per centum of the voting power may be exercised, directly or indirectly, in behalf of any person who is not a national or citizen of the United States; or (iv) if by any other means whatsoever control of any interest in the corporation in excess of 25 per centum is conferred upon or permitted to be exercised by any person who is not a national or citizen of the United States." SEC. 3. The provisions of this Act shall be effective July 1, 1970. Not- Effective date. withstanding the provisions of section 4(c) of the Fish and Wildlife Act of 1956, as amended, any balance remaining in the fisheries loan fund at the close of June 80, 1970, shall be available to make loans for the purposes of section 4 of said Act from July 1, 1970, to the close of June 30, 1980. Approved August 24, 1970.

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 830

PUBLIC LAW 91-388-AUG. 24, 1970

[84 STAT.

Public Law 91-388 August 24, 1970 [H. R. 14956]

Tanning extracts, duty free entry. Extension. 80 Stat. 765. Effective date.

Ante, p. 284.

U.S. savings bonds, interest rate, increase. 83 Stat. 272.

55 Stat. 7; 73 Stat. 6 2 1.

AN.ACT To extend for three years the period during which certain dyeing and tanning materials may be imported free of duty.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That item 907.80 of the appendix to the Tariff Schedules of the United States (19 U.S.C. 1202) is amended by striking out "9/30/69" and inserting in lieu thereof "9/30/72". SEC. 2. (a) The amendment made by the first section of this Act shall apply with respect to articles entered, or withdrawn from warehouse, for consumption after the date of the enactment of this Act. (b) Upon request therefor filed with the customs officer concerned on or before the one hundred and twentieth day after the date of the enactment of this Act, the entry or withdrawal of any article— (1) which was made after October 1, 1969, and on or before the date of the enactment of this Act, and (2) with respect to which there would be no duty if the amendment made by the first section of this Act applied to such entry or withdrawal, shall, notwithstanding the provisions of section 514 of the Tariff Act of 1930 or any other provision of law, be liquidated or reliquidated as though such entry or withdrawal had been made on the day after the date of the enactment of this Act. SEC. 3. (a) The proviso in the second sentence of section 22(b)(1) of the Second Liberty Bond Act, as amended (31 U.S.C. 757c (b)(1)), is amended by striking out "5 per centum" and inserting in lieu thereof "514 per centum". (b) Section 22(b) of the Second Liberty Bond Act, as amended (31 U.S.C. 757c(b)), is further amended by adding a new paragraph (3) reading as follows: " (3) The Secretary of the Treasury, with the approval of the President, may increase the interest rates and the investment yields on any offerings of United States savings bonds by not more than one-half of one percent for any interest accrual period that begins on or after June 1, 1970, and for any interest accrual period thereafter, to be paid as a bonus either on redemption or at maturity as the Secretary shall specify at the time the increase is provided." Approved August 24, 1970.

Public Law 91-389 August 28, 1970 [S.3547]

Missouri River Basin project, Colo. Narrows unit, construction authorization. 58 Stat. 891.

AN ACT To authorize the Secretary of the Interior to construct, operate, and maintain the Narrows unit, Missouri River Basin project, Colorado, 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 Narrows unit, heietofore authorized as an integral part of the Missouri River Basin project by section 9 of the Flood Control Act of December 22, 1944, as amended and supplemented, is hereby reauthorized as a unit of that project for the purposes of providing irrigation water for one hundred and sixty-six thousand acres of land, flood control, fish and wildlife conservation and development, public outdoor recreation, potential future municipal and industrial supplies, and for other purposes. The construction, operation, and maintenance of the Narrows

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STAT.]

PUBLIC LAW 91-389-AUG. 28, 1970

unit shall be subject to the Federal reclamation laws (Act of June 17, 1902, 82 Stat. 388, and Acts amendatory thereof or supplementary thereto). The principal features of the Narrows unit shall include the Narrows Dam and Reservoir, fish hatchery and rearing ponds, acquisition and development of the existing Jackson Lake Reservoir, including some rehabilitation of Jackson Lake Dam, for public outdoor recreation and fish and wildlife enhancement, and other necessary works and facilities to effect its purpose. The Narrows unit shall be operated in such manner that identifiable return flows of water will not cause the South Platte River to be in violation of water quality standards established by the State of Colorado and approved by the Secretary of the Interior pursuant to the Water Quality Act of 1965 (79 Stat. 903). SEC. 2. The conservation and development of the fish and wildlife resources and the enhancement of recreation opportunities in connection with the Narrows unit shall be in accordance with provisions of the Federal Water Project Recreation Act (79 Stat. 213). SEC. 3. The Narrows unit shall be integrated physically and financially with the other Federal works constructed under the comprehensive plan approved by section 9 of the Flood Control Act of December 22, 1944, as amended and supplemented: Provided, That repayment contracts for the return of construction costs allocated to irrigation will be based on the irrigator's ability to repay, as determined by the Secretary: Provided further, That the terms of such contracts shall not exceed 50 years. SEC. 4. For a period of ten years from the date of enactment of this Act, no water from the unit authorized by this Act shall be delivered io any water user for the production on newlj^ irrigated lands of any basic agricultural commodity, as defined in the Agricultural Act of ) 949, or any amendment thereof, if the total supply of such commodity for the marketing year in which the bulk of the crop would normally be marketed is in excess of the normal supplv as defined in section 301 (b)(10) of the Agricultural Adjustment Act of 1938, as amended, unless the Secretary of Agriculture calls for an increase in production of such commodity in the interest of national security. SEC. 5. To the extent that project water constitutes a supplemental irrigation supply, the provisions of the Act of June 16, 1938, relating to the Colorado-Big Thompson project in Colorado are hereby made equally applicable to the Narrows unit. SEC. 6. The interest rate used for purposes of computing interest during construction and interest on the unpaid balance of the capital costs allocated to interest-bearing features of the project shafi be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction is initiated, on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations, which are neither due nor callable for redemption for fifteen years from date of issue. SEC. 7. There is hereby authorized to be appropriated for construction of the Narrows unit as authorized in this Act the sum of $68,050,000 (based upon Jaimary 1969 prices), plus or minus such amounts, if aiiy, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering costs indexes applicable to the types of construction involved herein. There are also authorized to be appropriated such additional sums as may be required for operation and maintenance of the unit. Approved August 28, 1970.

sai 43 USC 371 and note. Recreation, fish and wildlife facilities,,

33 USC 466 note.

16 USC 460/..12 note. Integration with other Federal works. Repayment contracts, terms.

Water deliveiy, restriction.

63 Stat. 1051. 7 USC 1421 note. 62 Stat. 1251. 7 USC 1301.

52 Stat. 764. 43 USC 386. Interest rates.

Appropriations.

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PUBLIC LAW 91-390-AUG. 28, 1970

[84 STAT.

Public Law 91-390 August 28, 1970 [H.R. 13971]

Falls of the Park c'om^pact! Consent of Congress.

AN ACT Granting the consent of Congress to the Falls of the Ohio I n t e r s t a t e P a r k Compact.

Be it enacted by the t:^enate and House of Representatives of the United. States of America in Congress assembled, That the consent of Congrcss IS hereby given to the Falls of the Ohio Interstate Park Compact in substantially the following form: "SECTION 1. The State of Indiana and the Commonwealth of Kentucky agree to create, develop and operate an interstate park to be known as Falls of the Ohio Interstate Park, which shall be located along the Ohio River at the Falls of the Ohio and on adjacent areas in Clark and Floyd Counties, Indiana, and Jefferson County, Kentucky. Said park shall be of such area and of such character as may be determined by the commission created by this compact. "SEC. 2. There is hereby created the Falls of the Ohio Interstate Park Commission, which shall be a body corporate with the powers and duties set forth herein and such additional powers as may be conferred upon it by subsequent action of the appropriate authorities of Indiana and Kentucky. The commission shall consist of three (3) commissioners from each of the two (2) states, each of whom shall be a citizen of the state he shall represent. Members of the commission shall be appointed hj the governor. Vacancies shall be filled by the governor for the unexpired term. The term of one of the first commissioners appointed shall be for two (2) years, the term of another for three (3) years, and the term of the third for four (4) years. Their successors shall be appointed for terms of four (4) years each. Each commissioner shall hold office until his successor is appointed and qualified. An officer or employee of the state, a political subdivision or the United States government may be appointed a commissioner under this act. "SEC. 3. The commission created herein shall be a joint corporate instrumentality of both the State of Indiana and the Commonwealth of Kentucky for the purpose of effecting the objects of this compact, and shall be deemed to be performing governmental functions of the two states in the performance of its duties hereunder. The commission shall have power to sue and be sued, to contract and be contracted with, to use a common seal and to make and adopt suitable bylaws, rules and regulations. The commission shall have the authority to acquire by ift, purchase, or otherwise real estate and other property, and to ispose of such real estate and other property. Each state agrees that it will exercise the right of eminent domain to acquire property located within each state required by the commission to effectuate the purposes of this compact. "SEC. 4. The commission shall select from among its members a chairman and a vice-chairman, and may select from among its members a secretary and treasurer or may designate other persons to fill these positions. I t may appoint, and at its pleasure remove or discharge, such officers and legal, clerical, expert and other assistants and employees as may be required to carry the provisions of this compact into effect, and shall fix and determine their duties, qualifications and compensation. I t may establish and maintain one or more offices for the transaction of its business, and may meet at any time or place. A majority of the commissioners present shall constitute a quorum for the transaction of business. The commissioners shall serve withotit compensation, but shall be paid their expenses incurred in and inci-

g

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 84 STAT. ]

PUBLIC LAW 91-390-AUG. 28, 1970

dent to the performance of their duties. They shall take the oath of office required of officers of their respective states. "SEC, 5. Each state agrees that the officers and departments of each will be authorized to do all things falling within their respective jurisdictions necessary or incidental to the carrying out of the compact in every particular. The commission shall be entitled to the services of any state officer or agency in the same manner as any other department or agency of this state. The commission shall keep accurate records, showing in full its receipts and disbursements, and said records shall be open at any reasonable time to the inspection of such representative of the two (2) states as may be duly constituted for that purpose. The commission shall submit annually and at other times as required such reports as may be required by the laws of each state or by the governor thereof. "SEC. 6. The cost of acquiring land and other property required in the development and operation of the Falls of the Ohio Interstate Park and constructing, maintaining, and operating improvements and facilities therein and equipping same may be defrayed by funds received from appropriations, gifts, the use of money received as fees or charges for the use of said park and facilities, or by the issuance of revenue bonds, or by a combination of such sources of funds. The commission may charge for admission to said park, or make other charges deemed appropriate by it and shall have the use of funds so received for park purposes. The commission is authorized to issue revenue bonds, which shall not be obligations of either state, pursuant to procedures which shall be in substantial compliance with the provisions of laws of either or both states governing the issuance of revenue bonds by governmental agencies. "SEC. 7. All money, securities and other property, real and personal, received by way of gift or otherwise or revenue received from its operations may be retained by the commission and used for the development, maintenance, and operation of the park or for other park purposes. "The commission shall not pledge the credit of either state except by and with the authority of the general assembly thereof. "SEC. 8. This compact may be amended from time to time by the concurrent action of the two (2) states parties hereto. "The compact approved herein shall become effective upon ratification and approval of the compact by the general assembly of the state of Indiana and upon approval of this compact by the Congress of the United States." SEC. 2. The consent herein granted does not constitute consent in advance for amendments to the compact made pursuant to section 8 thereof or for the conferral of additional powers upon the Falls of the Ohio Interstate Park Commission pursuant to section 2 of the compact. SEC. 3. Notwithstanding the last sentence of section 2 of the compact, this Act does not grant consent for the appointment to the Commission of an officer or employee of the United States whose service as a member of the Commission is prohibited by Federal law or regulation. SEC. 4. The right is hereby reserved by the Congress or any of its ^tanding conmiittees to require the disclosure and the furnishing of such information and data by or concerning the Falls of the Ohio Interstate Park Commission in its operation under the compact as is deemed appropriate by Congress or such committee. SEC, 5. The right to alter, amend, or repeal this Act is expressly reserved. Approved August 28, 1970.

833

Effective date.

congressions.i

right to data.

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PUBLIC LAW 91-391-AUG. 28, 1970

[84 STAT.

Public Law 91-391 August 28, 1970 [H.R.15381]

D. c. Regulated investment comp a n i e s, taxation. 61 Stat. 337; 63 Stat. 1 3 1. 68A Stat. 268; 83 Stat. 717. 26 USC 8 5 1.

70 Stat. 530; 83 Stat. 6 3 7.

61 Stat. 3 4 3. D.C. Code 471567. Effective date.

AN ACT To amend the District of Coluiiubia Iiu-ome and Franchise Tax Act of 11)47 with respect to the taxation of regulated investment companies.

Be It enacted by the Senate and House of Rep7-esentatices of the United States of Atnenca in Congress asnemhled^ That title III of article I of the District of Columbia Income and Franchise Tax Act of 1947 (D.C. Code, sec. 47-1557b) is amended by inserting after paragraph (15) of section 3a the following new paragraph: "(16) REGULATED INVESTMENT COMPANIES.—In the case of a regulated investment company as defined in section 851 of the Internal Revenue Code of 1954, which meets the requirements of section 852(a) of the Internal Revenue Code of 1954— " (A) the dividends paid by the regulated investment company which qualify for the dividends-paid deduction under section 852(b)(2)(D) and section 8'52(b)(3)(A) (ii) of the Internal Revenue Code of 1954, including dividends considered as having been paid during the taxable year by reason of section 855 of the Internal Revenue Code of 1954; and " (B) such amount as the regulated investment company shall d.esignate for purposes of section 852(b)(3)(D) (ii) of the Internal Revenue Code of 1954 as undistributed longterm capital gains to be included in cx)mputing the long-term capital gains of the shareholder. Such amounts shall be included as gains from the sale or exchange of capital assets, as defined in this article, in computing such shareholder's taxable income as defined in section 1 of title VI of this article." SEC. 2. The amendments made by this Act shall apply with respect to taxable years of regulated investment companies oeginning after December 31, 1968. Approved August 28, 1970.

Public Law 91-392 AN ACT September 1, 1970 '^^ ameiul section 716 of title 10, United States Code, to authorize the interservice [H. R. 90*52] transfers of officers of the <?oast Guard. C o a s t Guard. Officers, inter" service transfers. 72 Stat. 5 2 1.

Be it enacted by the Senate and, House of Rejjresentatires of the United States of AmHca in Cmigress assembled,^ That section 716 of title 10, United States Code, is amended to read as follows: "Notwithstanding any other provision of law, the President may, within authorized strengths, transfer any commissioned officer with his consent from his armed force to, and appoint him in, another armed force. The Secretary of Defense and the Secretary of the department in which the Coast Guard is operating shall jointly establish, by regulations approved by the President, policies and procedures for such transfers and appointments. An officer transferred under this section may not be assigned precedence or relative rank higher than that which he held on the day before his transfer." SEC. 2. The analysis of chapter 41 of title 10, United States Code, is amended by amending the item for section 716 to read as follows: "716. Commissioned officers: transfers between armed forces." A p p r o v e d September 1, 1970.
 * ^§ 716. Commissioned officers: transfers between armed forces

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835

PUBLIC LAW 91-393-SEPT. 1, 1970

Public Law 91-393 AN ACT

September 1, 1970

To amend section 355 of the Revised Statutes, as amended, concerning approval by the Attorney General of the title to lands acquired for or on behalf of the United States, and for other purposes.

[H.R. 15374]

Be it enacted by the Senate and Hou-ne of Re present at] ves of the United States of America in Congress a.^sembleds That the first seven pjira^raplis of section 855 of the Revised Statutes, as amended (40 r. S. ( \ 255; 88 U.S.C. 788; and 50 U.S.C. 175) are hereby repealed, and in lieu thereof there are substituted the following paragraphs: "Unless the Attorney General gives prior written approval of the sufficiency of the title to land for the purpose for which the property is being acquired by the United States, public money may not be expended for the purchase of the land or any interest therein. "The Attorney General may delegate his responsibility under this section to other departments and agencies, subject to his general supervision and in accordance with regulations promulgated by him. "Any Federal department or agency which has been delegated the responsibility to approve land titles under this section may request the Attorney General to render his opinion as to the validity of the title to any real property or interest therein, or may request the advice or assistance of the Attorney General in connection with determinations as to the sufficiency of titles. "Except where otherwise authorized by law or provided by contract, the expenses of procuring certificates of title or other evidences of title as the Attorney General may require may be paid out of the appropriations for the acquisition of land or out of the appropriations made for the contingencies of the acquiring department or agency." The foregoing provisions of this section shall not be construed to affect in any manner any existing provisions of law which are applicable to the acquisition of lands or interests in land by the Tennessee Valley Authority. SEC. 2. The third full paragraph on page 941 of volume 25 of the Statutes at Large, in the Act of March 2, 1889, as amended (40 U.S.C. 256), is repealed. SEC. 3. Section 8 of the Act of March 1, 1911 (36 Stat. 962 (16 U.S.C. 517)) is amended by adding after "Attorney General" the words "or his designee". SEC. 4. Section 5 of the Act of February 26, 1931 (46 Stat. 1422 (40 U.S.C. 258e)) is amended by deleting the words ", notwithstanding the provisions of section 855 of the Revised Statutes of the United States". SEC. 5. Sections 4776 and 9776 of title 10, United States Code, are each amended by deleting the sentence: "In such a case, section 175 of title 50 does not apply." SEC. 6. Section 6 of the Act of February 18, 1929 (45 Stat. 1228, as amended (16 U.S.C. 715e)) is further amended by adding the words, "or his designee" after "Attorney General". Approved September 1, 1970.

Lands acquired by U. S. Title approval by Attorney General.

Repeal, 75 Stat. 577.

70A Stat. 270, 591.

49 Stat. 381.

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PUBLIC LAW 91-394-SEPT. 1, 1970

[84 STAT.

Public Law 91-394 September 1, 1970

AN ACT

[H. R. 8662]

rpQ authorize command of the United States ship Constitution (IX-21) by retired officers of the United States Navy.

Be it enacted by the Senate and House of Representathes of the ^^^u.s.s. constitu- United States of America in Congress assembled, That, notwithcommand. Standing any other provision of law, the Secretary of the Navy is authorized to order to active duty a retired officer of the United States Navy for the purpose of commanding the United States ship Constitution ( IX - 2 1). Approved September 1, 1970.

Public Law 91-395 September 1, 1970

JOINT RESOLUTION

[H.J. Res. 1194]

To authorize the President to designate the period beginning September 20, 1070, and ending September 26, 1970, as "National Machine Tool Week".

Resolved by the Senate and House of Representatives of the United National MaStates of America in Congress assembled, That as a tribute to the '^ proclamation. * importance of the national machine tool industry to the American economy, in recognition of its efforts on behalf of the Nation in peace and for our national defense and with the realization of the role it must play in the development of the sophisticated machinery and equipment necessary to eliminate and prevent pollution, the President is authorized and requested to issue a proclamation designating the period beginning September 20, 1970, and ending September 26, 1970, as "National Machine Tool Week", and calling upon the people of the United States and interested groups and organizations to observe such week with appropriate ceremonies and activities. Approved September 1, 1970.

Public Law 91-396 September 1, 1970

[H. R. 6265]

^^

ACT

To provide that a headstone or marker be furnished at Government expense for the unmarked grave of any Medal of Honor recipient.

Be it enacted by the Senate and House of Representatives of the re^rtent°s^ Honor United Sttttcs of Amcfica in Congress assembled. That the first section "He ad stones for of the Act entitled "An Act to provide for the procurement and supply unmarked graves, of Governmeiit headstoiies or markers for unmarked graves of members of the Armed Forces dying in the service or after honorable discharge therefrom, and other persons, and for other purposes", 7 2"tat?978?^^' ^pproved July 1, 1948 (24 U.S.C. 279a), is amended by inserting immediately after paragraph (5) thereof the following new paragraph: " (6) Persons awarded the Medal of Honor." Approved September 1, 1970.

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 84

PUBLIC LAW 91-399-SEPT. 8, 1970

STAT.]

837

Public Law 91-397 AN ACT

September 1, 1970

To amend title 10 of the United States Code to provide that United States flags [H.R. 13195] may be presented to parents of deceased servicemen. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1482(a) D e c e a s e d servicemen. of title 10, United States Code, is amended by striking out "and" at "''p'^e'senution of the end of clause (9), by striking out the period at the end of clause u.s. nag to rents (10) and inserting in lieu thereof "; and", and by adding at the end p a70A'".t a t. 1 1 3. S thereof the following new clause: "(11) presentation of a flag of equal size to the flag presented under clause (10) to the parents or parent, if the person to be presented a flag under clause (10) is other than the parent of the decedent; for the purpose of this clause, the term 'parent' "parent.' includes a natural parent, a stepparent, a parent by adoption or a person who for a period of not less than one year before the death of the decedent stood in loco parentis to him, and preference under this clause shall be given to the persons who exercised a parental relationship at the time of, or most nearly before, the death of the decedent." Approved September 1, 1970.

Public Law 91-398 AN ACT

September 8, 1970

To anthori/.H addirional funds for the operation of the Franklin Delano Roosevelt Memorial Commission.

[H. R. 15351]

Be it enacted by the Senate and Houi^e of Representative!^ of the rnitcd States of America in Congress assemb/ed. That section;^ of Frankun Delano the joint resolution entitled ''Joint resolution to establish a com- R°°seveit .

J.

1.

1

J.

• 1 i

T-»

1 !•

T\ 1

Memorial Com-

mission to formulate plans tor a memorial to P ranklin Delano n,jssion. Roosevelt", approved August 11, 1955 (B9 Stat. (>94), is amended to Appropriation. read as follows: 73stat. 445. "SFA\:1 In addition to any other funds authorized to be appropriated for the purpose of this joint resolution, there is authorized to be appropriated $75, to carry out the provisions of this joint resolution."' Approved September 8, 1970.

Public Law 91-399 AN ACT

September s, 1970

To extend the provisions of title XIII of the Federal Aviation Act of 1!).")S, as [H.R. 17133] amended, relating to House of Representatives of the Be it enacted by the Senate and war risk insurance. United States of America in Congress assembled. That section 1312 of a nWar risk insuT" ce. title X III of the Federal Aviation Act of 1958, as amended (49 U.S.C. ""Exten sion. t, 80 1542), is amended by striking out the words "September 7, 1970", and ^^72 stat, 806; 80 Stat. 199. by inserting the words "September 7, 1975" in place thereof. Approved September 8, 1970.

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PUBLIC LAW 91-400-SEPT. 16, 1970

[84 STAT.

Public Law 91-400 September 16, 1970 [H.R. 13434]

Hualapai Tribe, Ariz. Judgment funds, disposition.

Tajc exemption.

AN ACT To provide for the disposition of judgment funds on deposit to the credit of the Hualapai Tribe of the Hualapai Reservation, Arizona, in Indian Claims Coniinission Dockets Numbered 90 and 122, and for other purples. Be it e/rmcted by the Seriate and House of RepreHentativea of the United States of America in Congress assembJed. That the unexpended balance of funds on deposit in the Treasury of the United States to the credit of the Hualapai Tribe of Indians that were apf>ropriat^ to pay a judgment granted by the Indian Claims Commission in dockets Xumbered 90 and 122, and the interest thereon, less payment of attorney fees and expenses, may be advanced, expended, invested or reinvested for any purpose that is authorized by the tribal governing body and approved by the Secretary of the Interior. SEC. 2. Any part of such funds that may be distributed to members of the tribe shall not be subject to Federal or State income tax. SEC. 3. The Secretary of the Interior is authorized to prescribe rules and regulations to carry out the provisions of this Act. Approved September 16, 1970.

Public Law 91-401 September 16, 1970 [H.R. 14097]

Citizen Band of Potawatomi Indians, Okla. Judgment funds, disposition. 83 Stat. 6 2.

Tax exemption.

AN ACT To authorize the use of funds arising from a.judKuu'nt in fjivor of rhe Citizfii Hand of I'otawatonii Indians of Oklahoma in Iiidiiii) Chiinis Commission Docket Xo. !Mi. and for other purposes. Be it enacted by the Senate and House of Be/ffexentat'/re.s of the United. States of Attiei/aa, In CongreHS as.sembled. That the funds on deposit in the Treasury of the United States to the credit of the Citizen Hand of Potawatomi Indians of Oklahoma that were a]:)propriated by the Act of July 22, 1969 (Public Law 91-47) to pay a judgment by the IndiaJi Claijiis Commission in docket numbered 9f) dated August 27, 1968, and the interest thereon, including the interest accruing thereon, after payment of attorney fees and expenses, may be advanced or (expended for any purpose tluit is authorized by the tribal governing body and appro\ed by the Secretary of the Interior. Any i:»ait of such funds that may be distributed per capita to the members of the band shall not be subject to Federal or State income tax. SEC. 2. Sums payable to enrollees or their heirs or legatees who are less than twenty-one years of age or who are under a legal disability shall be paid in accordance with such procedures, including the establishment of trusts, as the Secretary o f the Interior determines appropriate to protect the best interests of such persons. Approved September 16, 1970.

Public Law 91-402 September 18, 1970 [H.R.13716]

Coast Guard Reserve. Promotion system. 63 Stat. 554. 14 USC 762.

AN ACT To Improve and clarify certain laws affecting the Coast Guard Reserve. Be it enacted by the Senate and House of Representative^ of the United States of America in Congress assembled, That title 14, United States Code, is amended as follows: (1) Subsection (b) of section 762 is amended by striking out the words ", but not above the grade of captain".

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 84 STAT.

PUBLIC LAW 91-402-SEPT. 18, 1970

(2) Section 770 is amended by striking out the figure "795-' in both of the pLices it appears and inserting in lieu thereof, the figure "798"; by redesignating clause " (9) " as " ( 1 0) "; and by adding a new clause " (9) " a s follows: ' ^ "(9) the 'active duty promotion list' is as defined in section 41a of this title." (8) Section 772 is amended by inserting before the period in the second sentence of subsection (b) the phrase "or because an excess results directly from the operation of mandatory provisions of this or other laws". (4) Section 774 is amended to read as follows: "A Reserve officer must be in an active status to be eligible for consideration for promotion and to be promoted under this subchapter. Officers retained in an active status and excluded from promotion by the provisions of section 787 of this title are not eligible for consideration for promotion." (5) Section 775 is amended by adding a new subsection (f) to read as follows: "(f) Whenever a selection board is convened to consider officers of the Women's Reserve not serving on active duty, membership of the board shall include, when reasonably available, not less than two members of the Women's Reserve not serving on active duty." (6) Section 780 is amended— (A) by amending subsections (c) and (d) to read as follows: "(c) Each selection board, from among those officers whose names are submitted to it as determined by section 783 of this title, shall recommend for promotion to the next high grade: "(1) those male officers serving in the grade of lieutenant (junior grade) or above whom it considers to be best qualified; "(2) those male officers serving in the grade of ensign whom it (•onsiders to be fully qualified; " (8) those officers of the Women's Reserve serving in the grade of lieutenant or below whom it considers to be full^ qualified; and " (4) those officers of the Women's Reserve serving in the grade of lieutenant commander or above whom it considers to be best qualified. The recommendation of a selection board shall be based on comparative fitness for the diities to which officers of the Women's Reserve are normally assigned. " (d) Before convening a board to recommend officers for promotion to any grade above lieutenant (junior grade), the Secretary shall determine the total number of officers to be selected for promotion to that grade. X^nless the Secretary takes action pursuant to the provisions of subsection (c) of section 772 of this subchapter, this number shall be equal to the number of vacancies existing in the grade, plus the number of vacancies estimated for the next twelve months, less the number of officers on the promotion list for that grade." (B) by adding a new subsection (i) to read as follows: " (i) Vacancies in all grades shall be filled by the combined total of those officers, male and female, who have been selected for promotion. Selection opportunity for officers of the Women's Reserve to grades

47-348 O - 72 - 57 (Pt. 1)

839 72 Stat. 1547. 14 USC 770.

74 Stat. 280.

Eligibility. 72 Stat. 1549,

Selection board, membership requirements.

Recommendat i o n s; method.

Vacancies.

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Page:United States Statutes at Large Volume 84 Part 1.djvu/898

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PUBLIC LAW 91-402-SEPT. 18, 1970

[84 STAT.

above lieutenant connnander shall be equivalent to that prescribed for male officers of the same grades. Officers of the Women's Reserve beinoconsidered for promotion to the grades of lieutenant commander or below shall be considered and selected in their order of precedence up to the number designated to be selected.*" dence!^ ^"^ '"^''^' (7) Section 781 IS amended to read as follows: 72 Stat. 1551. "Officers of the Reserve shall have rank and take precedence in their 14 USC 781. respective grades among themselves and v,dth officers of the same grade on the active duty promotion list and the permanent commissioned teaching staff in accordance with the dates of rank as stated in their commissions. When Reserve officers and officers on the active duty pro^ ' motion list or the permanent commissioned teaching stall' have the same date of rank m a grade, such officers shall take precedence as determined by the Secretary. Transfers. "Notwithstanding any other provision of law, Reserve officers shall not lose precedence when transferred from the Reserve promotion list to the active duty promotion list or vice versa iior shall their dates of rank be changed due to such transfers. "Reserve officers, when on the active duty promotion list, shall be promoted in the same manner as are other officers on the active duty promotion list regardless of the length of their active duty service." Running mates. (g) Section 782 Is amended— (A) by amending subsection (a) to read as follows: " (a) Each officer of the Reserve in an active status not on the active duty promotion list shall be assigned a running mate who sJiall be the officer of the same grade on the active duty promotion list who is next senior to him in precedence as determined in the manner prescribed in ^"P^^section 781 of this title. Officers who are extra numbers, who have twice failed of selection, or who have not been recommended for continuation 77 Stat. 186. under section 289 of this title shall not be assigned as running mates under this section."; (B) by amending clause (1) of subsection (b) to read as follows: "(1) If a running mate is promoted from below the promotion zone, is removed from the active duty promotion list, suffers loss of numbers, or fails to qualify for promotion, the new running mate shall be the officer of the same grade on the active duty promotion list who was next senior to the old running mate or if there be no such officer then the most senior officer in that grade on the active duty promotion list. If the old running mate was on a list of selectees for promotion, the new running mate shall be on a list of selectees."; (C) by amending clause (2) of subsection (b) by striking the words "of the r e ^ l a r Coast Guard, exclusive of extra numbers," and inserting in lieu thereof the words "on the active duty promotion list."; ,,,„ V (D) by amending clause (3) of subsection (b) to read as follows: " (3) If an officer of the Reserve is considered for promotion at approximately the same time as his running mate and fails of selection, fails to qualify for promotion after selection, or declines an appointment after having been selected for promotion and his running mate is promoted, the new running mate shall be the next senior officer remaining in the same grade on the active duty promotion list whose name is not on a list of selectees and who is eligible for consideration for promotion."; (E) by amending clause (4) of subsection (b) to read as follows: " (4) If an officer of the Reserve was not considered for promotion at approximately the same time as his running mate, and the

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 84 STAT.]

PUBLIC LAW 91-402-SEPT. 18, 1970

841

Keserve officer subsequently is considered and fails of selection or fails to qualify for promotion, such failure shall be deemed to have occurred at the same time as his running? mate was considered. His new running mate shall be the next senior officer remaining in the same grade on the active duty promotion list whose name was not on a list of selectees at the time the original running mate was selected.'*; Stat. 1 5 5 (F) by adding a clause (5) to subsection (b) to read as follows: 72 USC 7 8 2.1. 14 '"(5) In any situation not expressly covered by this subsection or where the assignment of a running mate would result in an inequitable change in precedence, the Secretary may assign an appropriate running mate to effect the intent of this section that no unjust benefit or detriment will result to any officer from the operation of this section.'"; (G) by adding a clause (6) to subsection (b) to read as follows: "(6) A Reserve officer on the active duty promotion list shall become the running mate of all the inactive duty Reserve officers who are junior to him and had a running mate in common with him at the time of his being placed on the active duty promotion list.; and (H) by adding a subsection (c) to read as follows: Dates of  (c) The Secretary is authorized to adjust, as necessary, the dates of adjustment. rank, rank of Reserve officers not on active duty so that the dates will correspond with those of the running mates assigned to them in accordance with the provisions of this section. However, the dates of rank of those Reserve officers whose names are on a list of selectees for promotion to the next higher grade at the time of enactment of this subsection, shall not be adjusted until such time as the officers have been promoted. If Overpayments, overpayments of pay and allowances will have resulted from the adjustment of dates of rank, such overpayments shall not be subject to recoupment." (9) Section 784 is amended by designating the existing section as 72 Stat 1552. subsection (a) and by adding a new subsection (b) as follows: " (b) Notwithstanding any other provision of law, a Reserve rear admiral shall become entitled to the pay and allowances of the upper half for duty performed from the date his running mate becomes so entitled." (10) Section 787 is amended— !"^^!"^^ °1 (A) by striking out the first sentence in subsection (a) and in- tary's discretion. sertin^ in lieu thereof the sentence "Officers of the Women's Reserve m the grades of lieutenant (junior grade) and lieutenant failing of selection for promotion to the next higher grade, and all other Reserve officers after failing of selection for promotion to the next higher grade for a second time, may be retained in or eliminated from an active status in the discretion of the Secretary."; (B) by striking out the word "Other" in the second sentence and inserting in lieu thereof the word "Those"; (C) by striking out the words between "officers" and "shall" in the second sentence and inserting in lieu thereof the words "who r.;,H? are not retained in an active status"; and (D) by striking the column heading "Total commissioned service years" and inserting in lieu thereof the heading "Total years of commissioned service". Promotion, tem(11) Section 790 is amended— porary or p e r (A) by deleting the words "or her" after the word "his"; manent. (B) by deleting the words "in the Regular Coast (xuard" after the word "mate":

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