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payable to him by the United States or the District of Columbia with respect to that period." (b) Item 5515 in the analysis of chapter 55 of title 5, United States Code, is amended to read: "5515. Crediting amounts received for jury or witness service.".

SEC. 3. (a) Section 5537 of title 5, United States Code, is amended to read: "§ 5537. Fees for jury and witness service " (a) An employee as defined by section 2105 of this title (except an individual whose pay is disbursed by the Secretary of the Senate or the Clerk of the House of Representatives) or an individual employed by the government of the District of Columbia may not receive fees for service— " (1) as a juror in a court of the United States or the District of Columbia; or " (2) as a witness on behalf of the United States or the District of Columbia. "(b) A n official of a court of the United States or the District of Columbia may not receive witness fees for attendance before a court, commissioner, or magistrate where he is officiating. "(c) For the purpose of this section, 'court of the United States' has the meaning given it by section 451 of title 28 and includes the United States District Court for the District of the Canal Zone, the District Court of Guam, and the District Court of the Virgin Islands." (b) Item 5537 in the analysis of chapter 55 of title 5, United States Code, is amended to read:

so Stat. 484.

so Stat. 409;

„ "5°"^^' °^ "^,'|

United States." ""^"^"'"'-'62 Stat. 907.

"5537. Fees for jury and witness service.".

SEC. 4. (a) Chapter 57 of title 5, United States Code, is amended t^J^^^^'J^J 5 """ 5701by inserting at the end thereof the following new subchapter: ' use ""' 5742. "SUBCHAPTER IV—MISCELLANEOUS PROVISIONS

"§ 5751. Travel expenses of witnesses " (a) Under such regulations as the Attorney General may prescribe, an employee as defined by section 2105 of this title (except an individual whose pay is disbursed by the Secretary of the Senate or the Clerk of the House of Representatives) summoned, or assigned by his agency, to testify or produce official records on behalf of the United States is entitled to travel expenses under subchapter I of this chapter. If the case involves the activity in connection with which he is employed, the travel expenses are paid from the appropriation otherwise available for travel expenses of the employee under proper certification by a certifying official of the agency concerned. If the case does not involve its activity, the employing agency may advance or pay the travel expenses of the employee, and later obtain reimbursement from the agency properly chargeable with the travel expenses. " (b) An employee as defined by section 2105 of this title (except an individual whose pay is disbursed by the Secretary of the Senate or the Clerk of the House of Representatives) summoned, or assigned by his agency, to testify in his official capacity or produce official records, on behalf of a party other than the United States, is entitled to travel expenses under subchapter I of this chapter, except to the extent that travel expenses are paid t/) the employee for his appearance by the court, authority, or party which caused him to be summoned." (b) The analysis of chapter 57 of title 5, United States Code, is amended by inserting at the end thereof:

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[84 STAT.

•'Si'BOHAPTER IV—MISCELLANEOUS PROVISIONS

'•57")!. Travel expenses of witnesses."'. Repeal. 62 Stat. 950.

SEC. 5. (a) Section 1823 of title:^8, United States Code, is repealed, (b) The analysis of chapter 119 of title 28, United States Code, is amended by striking out item 1828. Definitions. SEC. 6. (a) For purposes of this section— (1) employee means any individual whose pay is disbursed by the Secretary of the Senate or the Ulerk of the House of Representatives; and (2) "court of the United States'' has the meaning given it by 62 Stat. 907. section 451 of title 28, Ignited States Code, and includes the United States District Court for the District of the ( \ n a l Zone, the District Court of Guam, and the District Court of the Virgin Islands. Pay. (b) The pay of an employee shall not be reduced during a period of absence with respect to which the employee is summoned (and permitted to respond to such summons by the appropriate authority of the House of the Congress disbursing his p a y), in connection with a judicial proceeding by a court or authority responsible for the conduct of that proceeding, to serve— (1) as a juror; or (2) as a witness on behalf of a party other than the United States, the District of Columbia, or a private party; in the District of Columbia, a State, territory, or possession of the United States including the Commonwealth of Puerto Rico, the Canal "Judicial proZone, or the Trust Territory of the Pacific Islands. For purposes of ceedings." this subsection, "judicial proceeding'' means any action, suit, or other judicial proceeding, including any condemnation, preliminary, informational, or other proceeding of a judicial nature, but does not include an administrative proceeding. Official duty. (c) An employee is performing official duty during the period with respect to which he is summoned (and is authorized to respond to such summons by the House of the Congress disbursing his pay), or is assigned by such House, to— (1) testify or produce official records on behalf of the United States or the District of Columbia; or (2) testify in his official capacity or produce official records on behalf of a party other than the United States or the District of Columbia. Fees, prohibi(d)(1) An employee may not receive fees for service— tion. (A) as jvu'or in a court of the United States or the District of Columbia; or (B) as a witness on behalf of the Ignited States or the District of Columbia. Pay, remittal. (2) If an employee receives an amount (other than travel expenses) for service as a juror or witness during a period in which his pay may not be reduced under- subsection (b) of this section, or for which he is perfoT-ming official duty under subsection (c) of this section, the employee shall remit such amount to the officer who disburses the pay of the employee, which amount shall be covered into the general fund of the Treasury as miscellaneous receipts. (e)(1) An employee summoned (and authorized to respond to such Travel expenses. summons by the House of the Congress disbursing his pay), or assigned by such House, to testify or produce official records on behalf of the United States is entitled to travel expenses. If the case involves an activity in connection with which he is employed, the travel expenses shall be paid from funds otherwise available for the payment of travel

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j'Xpeiises of such House in ili'eordjiiice with travel regulations of that House. It' the <;ase does not involve such an activity, the department, agency, or independent establishment of the United States on whose behalf he is so testifying or producing records shall pay to the employee his travel expenses out of appropriations otherwise available, and in accordance with regulation applicable, to that department, agency, or in(lependent establishment for the payment of travel expenses. ('2) An emplovi'c snnnnoned (and permitted to resj^ond to such summons by the House of the Congress disbursing his p a y), or assigned by such House, to testify in his official capacity or produce official records on behalf of a paity other than the Laiited States, is entitled to travel expenses, unless any travel expenses are paid to the employee for his appearance l y the court, authority, or party which caused him to be sunmioned, (f) The Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives are authorized to prescribe, for employees of their respective Houses, such rules and regulations as may be necessary to carry out the provisions of this section. (g) Xo provision of this section shall be construed to confer the consent of eithei* House of the Congress to the production of official records of that House or to testimony by an employee of that House concerning activities rehited to his employment. Approved December 19, 1970.

1479

Rules, authoH-

zation.

Public Law 91-564 AN ACT

December 19, 1970

To authorize the Secretary of the Army to convey certain lands at Fort Ruger Military Reservation, Hawaii, to the State of Hawaii in exchange for certain other lands.

[s.4i87]

Be it enacted by the /Senate and House of Representatives of the United /States of America in Congress assembled, That, notwithstand- P"""* ^^f^g^f^^^" ing any other provision of law, the Secretary of the Army, or his Hl^aiu designee, is hereby authorized to convey to the State of Hawaii, subject Land exchange. to the terms and conditions hereafter stated, and to such other terms and conditions as the Secretary of the Army, or his designee, shall deem to be in the public interest, all right, title, and interest of the United States in and to certain lands, with the improvements thereon, within the Fort Ruger Military Reservation, Hawaii, as described in section 3 of this Act. SEC. 2. I n consideration for the conveyance by the United States Replacement of the aforesaid property, the State of Hawaii shall convey, or provide for the conveyance, to the United States of certain lands, described in section 3 of this Act, acceptable to the Secretary of the Army, or his designee, as replacement land for use as military family housing sites or other purposes in connection with the Fort Shafter-Tripler Army Hospital area, Oahu, Hawaii, and shall, at its sole expense, perform on Site preparation. this replacement land certain site preparations which will, m the opinion of the Secretary of the Army, or his designee, equal in cost the dollar value difference between the appraised fair market value of the property being conveyed to the State and the appraised fair market value of the land being conveyed to the United States. The site preparation shall be in accordance with plans and specifications to be approved by the Secretary of the Army, or his designee. SEC. 3. The lands authorized to be exchanged and referred to in Land descripsections 1 and 2 of this Act are located on the island of Oahu, Hawaii, tion.

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[84

STAT.

and are as generally depicted on maps on file in the Office of the Pacific Ocean Division Engineer, Honolulu, Hawaii. The lands to be conveyed by the United States comprise approximately fifty-seven acres with the improvements thereon; the replacement lands to be acquired by the United States comprise a minimum of approximately two hundred and fifty-nine acres situated adjacent to the Tripler Army Hospital Reservation. The exact description and acreages are to be determined by accurate surveys as mutually agreed upon between the State of Hawaii and the Secretary of the Army, or his designee. SEC. 4. The lands conveyed to the United States, as described in section 3 of this Act, shall become a part of the Tripler Army Hospital Reservation and be administered by the Department of the Army. SEC. 5. Notwithstanding any other provision of law, the cost of the lands to be acquired by the United States, as described in section 3 of this Act, and the cost of the site preparation and installation of utilities borne by the State of Hawaii, as provided herein, shall not be considered in arriving at the average cost of any family housing units or the cost of any single family housing unit to be constructed on the property. Approved December 19, 1970.

Public Law 91-565 December 19, 1970 [S. 336]

AN ACT To amend section 3(b) of the Securities Act of 1933 to permit thp exemption of security issues, not exceeding $500,000 in aggregate amount, from the provisions of such Act.

Be it enacted by the Senate and House of Representatives of the Securities Act of jj^iit^d, States of America in Congress assembled., That section 3(b) of 59 s^^t^.^ierT ' the Securities Act of 1933 (15 U.S.C. 77c. (b)) is amended by striking out "$300,000" and inserting in lieu thereof "$500,000". Approved December 19, 1970.

Public Law 91-566 A.N ACT December 22, 1970

[H. R. 17923]

Making appropriations for the Department of Agriculture and related agencies for thefiscalyear ending June 30, 1971, and for other purposes.

Be it enacted, by the Senate and House of Representatives of the Ag^ricuitweIn'd United States of America in Congress assembled., That the following Related Agencies sums are appropriated, out of any money in the Treasury not otherwise Appropriation Act, appropriated, for the Department of Agriculture and related agencies for the fiscal year ending June 30, 1971, and for other purposes; namely: DEPARTMENT OF AGRICULTURE TITLE I—GENERAL ACTIVITIES AGRICULTURX\L RESEARCH

SERVICE

SALARIES AND E X P E N S E S

For expenses necessary to perform agricultural research relating to

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1481

production, utilization, marketing, nutrition and consumer use, to control and eradicate pests and plant and animal diseases, and to perform related inspection, quarantine and regulatory work: Provided, That appropriations hereunder shall be available for field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $75,000 shall be available for 58 Stat. 742. employment under 5 U.S.C. 3109: Provided further, That appropria- so Stat. 4i6. tions hereunder shall be available for the operation and maintenance of aircraft and the purchase of not to exceed two for replacement only: Provided further, That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250, for the construction, alteration, and repair of buildings and improvements, but unless otherwise provided, the cost of constructing any one building (except headhouses connecting greenhouses) shall not exceed $25,000, except for six buildings to be constructed or improved at a cost not to exceed $55,000 each, and the cost of altering any one building during the fiscal year shall not exceed $7,500 or 7.5 per centum of the cost of the building, whichever is greater: Prodded farther^ That the limitations on alterations contained in this Act shall not apply to a total of $100,000 for facilities at Beltsville, Maryland: Provided further, That the limitations on construction contained in this Act shall not apply to a total of $350,000 for construction of a post-mortem and incinerator facility for animal disease and parasite research: Research: For research and demonstrations on the production and utilization of agricultural products; agricultural marketing and distribution, not otherwise provided for; home economics or nutrition and consumer use of agricultural and associated products; and related research and services; and for acquisition of land by donation, exchange, or purchase at a nominal cost not to exceed $100; $151,688,000, and in addition not to exceed $15,000,000 from funds available under section 32 of the Act of August 24, 1935, ^9 Stat. 774,, pursuant to Public Law 88-250 shall be transferred to and 77 Stat. 820", merged with this appropriation, except that $200,000 of the foregoing amount shall be available for matching with funds utilized for research on cottonseed proteins under Public Law 89-502, and $4,580,000 shall remain available until expended for so Stat. 279. plans, construction, and improvement of facilities without regard to ^ use 2101 limitations contained herein: Provided, That the limitations con- "°^^" tained herein shall not apply to replacement of buildings needed to rarry out the Act of April 24, 1948 (21 r. S. ( \ 113a): Provided 62 Stat. i98. further. That none of the funds appropriated in this Act shall be used to formulate a budget estimate for fiscal 1972 of more than $15,000,000 for research to be financed by transfer from funds available under section 82 of the Act of August 24. 1985. and pursuant to '^^ Stat. 774. Public Law 88-250: Provided further, That none of the funds appro- ?7^s^tat^^^''' 820. priated in this Act shall be used to formulate a budget estimate for fiscal 1972 of less than the amount required to conduct the pesticides research program as authorized pursuant to Public Laws 88-573 ^^ Stat. 862. and 89-816; 79 Stat. ues. Plant and animal disease and pest control: For operations and

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61 Stat. 7; 80 Stat. 330.

31 USC 665.

PUBLIC LAW 91-566-DEC. 22, 1970

[84 STAT.

measures, not otherwise provided for, to control and eradicate pests and plant and animal diseases and for carrying out assigned inspection, (juarantine, and regulatory activities, as authorized by law, including expenses pursuant to the Act of February 28, 1947, as amended (-21 r. S. C. 114b-c), $98,619,750, of which $1,500,000 shall be apportioned for use pursuant to section 3679 of the Revised Statutes, as amended, for the control of outbreaks of insects, plant diseases and animal diseases to the extent necessary to meet emergency conditions: Frorided. That no funds shall be used to formulate or administer a l)rucellosis eradication program for the current fiscal year that does not require minimum matching by any State of at least 40 per cent u m: Provided further. That, in addition, in emergencies which threaten the livestock or poultry industries of the country, the Secretary may transfer from other appropriations or funds available to the agencies or corporations of the Department such sums as he may deem necessary, to be available only in such emergencies for the arrest and eradication of foot-and-mouth disease, rinderpest, contagious pleuro; pneumonia, or other contagious or infectious diseases of animals, or FLuropean fowl pest and similar diseases in poultry, and for expenses in accordance with the Act of February 28, 1947, as amended, and any unexpended balances of funds transferred under this head in the next preceding fiscal year shall be merged with such transferred amounts; Special fund: To provide for additional labor, subprofessional and junior scientific help to be employed under contracts and cooperative agreements to strengthen the work at research installations in the field, not more than $2,000,000 of the amount appropriated under this head for the previous fiscal year may be used by the Administrator of the Agricultural Research Service in departmental research programs in the current fiscal year, the amount so used to be transferred to and merged with the appropriation otherwise available under "Salaries and expenses. Research". SALARIES A N D E X P E N S E S (SPEC l A L EOKEION C'URREXCY PROGRAM)

80 Stat. 1529.

58 Stat. 742. 80 Stat. 416.

For payments, in foreign currencies owed to or owned by the United States for market development research authorized by section 104 (b)(1) and for agricultural and forestry research and other functions related thereto authorized by section 104(b)(3) of the Agricultural Trade Development and Assistance Act of 1954, as amended (7 U.S.C. 1704(b)(1), (3)), $5,000,000, to remain available until expended: Provided, That this appropriation shall be available, in addition to other appropriations for these purposes, for payments in the foregoing currencies: Provided further,, That funds appropriated herein shall be used for payments in such foreign currencies as the Department determines are needed and can be used most effectively to carry out the purposes of this paragraph: Provided further, That not to exceed $25,000 of this appropriation shall be available for payments in foreign currencies for expenses of employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), as amended by 5 U.S.C. 3109. ' '

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1483

COOPERATIVE STATE RESEARCH SERVICE PAYMENTS AND EXPENSES

For jjayments to agricultural experiment stations, for grants for cooperative forestry and other research, for facilities, and for other expenses, including $61,390,000 to carry into effect the provisions of the Hatch Act, approved March 2, 1887, as amended by the Act approved August 11, 1955 (7 U.S.C. 361a-361i), including administration by the United States Department of Agriculture; $4,412,000 for grants for cooperative forestry research under the Act approved October 10, 1962 (16 U.S.C. 582a—582a-7), $2,000,000, in addition to funds otherwise available for contracts and grants for scientific research under the Act of August 4, 1965 (7 U.S.C. 450i), of which $1,000,000 shall be for the special cotton research program and $400,000 for soybean research; $160,000 for penalty mail costs of agricultural experiment stations under section 6 of the Hatch Act of 1887, as amended; and $514,000 for necessary expenses of the Cooperative State Research Service, including administration of payments to State agricultural experiment stations, funds for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $50,000 for employment under 5 U.S.C. 3109; in all, $68,476,000.

eestat. 67i. 76 Stat. soe. 79 Stat. 43i.

yVs^c^ae^^f^'

EXTENSION SERVICE COOPERATIVE EXTENSION WORK, PAYMENTS AND EXPENSES

Payments to States and Puerto Rico: For payments for cooperative agricultural extension work under the Smith-Lever Act, as amended by the Act of June 26, 1953, the Act of August 11, 1955, and H H^^- ^l' the Act of October 5, 1962 (7 U.S.C. 341-349), to be distributed under 76 stat! 745! sections 3(b) and 3(c) of the Act, $89,321,000; payments for the nutrition education program for low-income areas under section 3(d) of the Act, $48,560,000; payments and contracts for such work under section 204(b)-205 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623-1624), $1,450,000; and payments for extension work under ^^ Stat. 1039. section 109 of the District of Columbia Public Education Act, as amended by the Act of June 20, 1968 (7 U.S.C. 329), $700,000; in 82 stat^24i.^^ all, $140,031,000: Provided, That funds hereby appropriated pursuant 1609. * ° * to section 3(c) of the Act of June 26, 1953, shall not be paid to any State or Puerto Rico prior to availability of an equal sum from nonFederal sources for expenditure during the current fiscal year. Retirement and employees' compensation costs for extension agents: For cost of employer's share of Federal retirement and for reimbursement for benefits paid from the Employees' Compensation Fund for cooperative extension employees, $12,932,600. Penalty mail: For costs of penalty mail for cooperative extension agents and State extension directors, $3,617,000. Federal Extension Service: For administration of the Smith-Lever Act, as amended by the Act of June 26, 1953, the Act of August 11, 1955, and the Act of October 5, 1962 (7 U.S.C. 341-349), and extension

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60 Stat. 1087. ?c'code Vi1609?' ^° ^ ^'

PUBLIC LAW 91-566-DEC. 22, 1970

[84 STAT.

aspects of the Agricultural Marketing Act of 1946 (7 U.S.C. 16211627), aud of the District of Columbia Public Education Act, as a^^e^ded by the Act of June 20, 1968 (7 U.S.C. 329), and to coordinate and provide program leadership for the extension work of the Department and the several States and insular possessions, $4,188,000. FARMER COOPERATIVE SERVICE SALARIES AND EXPENSES

44 Stat. 802.

For necessary expenses to carry out the Act of July 2, 1926 (7 U.S.C. 451-457), and for conducting research relating to the economic and marketing aspects of farmer cooperatives, as authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627), $1,684,000. SOIL CONSERVATION SERVICE CONSERVATION OPERATIONS

For necessary expenses for carrying out the provisions of the Act 49 Stat. 163. of April 27, 1935 (16 U.S.C. 590a-590f), including preparation of conservation plans and establishment of measures to conserve soil and water (including farm irrigation and land drainage and such special measures for soil and water management as may be necessary to prevent floods and the siltation of reservoirs and to control agricultural related pollutants); operation of conservation plant materials centers; classification and mapping of soil; dissemination of information; purchase and erection or alteration of permanent buildings; and operation and maintenance of aircraft, $128,507,000, with which shall be merged the unexpended balance of funds appropriated for the previous fiscal year under this head: Provided, That Public Law 40, Eighty-fourth Congress, making appropriations for the Department of Agriculture and F a r m Credit Administration for the fiscal year ending June 30, 1956, and for other purposes, is hereby amended by striking out the period following the last proviso in the section WT.Tr^ lt,l f •, entitled "Flood Prevention", substituting a comma and adding the oo Tso -,01 f^ following: "and where the Army does have jurisdiction and responr _ 33 uTe^ 701 f-3. sibility, may enter into agreements with the Army to carry out jointly the measures heretofore set out and in areas where the Secretary is authorized to purchase land rights for structural measures, the Secretary in lieu of such acquisition, may reimburse local organizations for such proportionate share of the cost of land rights furnished by local organizations as the Secretary deems equitable in consideration of the national interest.": Provided further, That the cost of any permanent building purchased, erected, or as improved, exclusive of the cost of constructing a water supply or sanitary systern and connecting the same to any such building and with the exception of buildings acquired in conjunction with land being purchased for other purposes, shall not exceed $2,500, except for one building to be constructed at a cost not to exceed $25,000 and eight buildings to be constructed or improved at a cost not to exceed $15,000 per building and except that alterations or improvements to other existing permanent buildings costing $2,500 or more may be made in any fiscal year in an amount not to exceed $500 per building: Provided, further, That no part of this appropriation shall be available for the construction of any such building on land not owned by the Government: Provided further. That no part of this appropriation may be expended for soil and water conservation operations under the Act of April 27, 1935 (16

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PUBLIC LAW 91-566-DEC. 22, 1970

U.S.C. 590a-590f) in demonstration projects: Provided further, That this appropriation shall be available for field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $5,000 shall be available for employment under 5 U.S.C. 3109: Provided further, That qualified local engineers may be temporarily employed at per diem rates to perform the technical planning work of the service. RIVER BASIN SURVEYS A N D

49 Stat. lea. ss Stat. 742. so Stat. 4i6.

INVESTIGATIONS

For necessary expenses to conduct research, investigations and surveys of the watersheds of rivers and other waterways, in accordance with section 6 of the Watershed Protection and Flood Prevention Act, approved August 4, 1954, as amended (16 U.S.C. 1006), to remain available until expended; $9,043,000, with which shall be merged the unexpended balances of funds heretofore appropriated to the Department for river basin survey purposes: Prodded, That this appropriation shall be available for field emjjloyment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $60,000 shall be available for employment under 5 U.S.C. 3109. WATERSHED

1485

68 stat, ees.

PLANNING

For necessary expenses for small watershed investigations and planning, in accordance with the Watershed Protection and Flood Prevention Act, as amended (16 U.S.C. 1001-1008), to remain available until expended, $6,066,000, with which shall be merged the unexpended balances of funds heretofore appropriated under this head: Provided, That this appropriation shall be available for field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $50,000 shall be available for employment under 5 U.S.C. 3109. W A T E R S H E D WORKS OF IMPROVEMENT

For necessary expenses to carry out preventive measures, including, but not limited to research, engineering operations, methods of cultivation, the growing of vegetation, and changes in use of land, in accordance with the Watershed Protection and Flood Prevention Act, approved August 4, 1954, as amended (16 U.S.C. 1001-1005, 10071008), and the provisions of the Act of April 27, 1935 (16 U.S.C. 590 a - f), to remain available until expended; $76,000,000, with which shall be merged the unexpended balances of funds heretofore appropriated or transferred to the Department for watershed protection purposes: Provided, That this appropriation shall be available for field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $100,000 shall be available for employment under 5 U.S.C. 3109: Provided further. That $5,000,000 of the funds in the direct loan account of the Farmers Home Administration shall be available until expended for loans. FLOOD P R E V E N T I O N

For- necessary expenses, in accordance with the Flood Control Act, approved June 22, 1936 (33 U.S.C. 701-709, 16 U.S.C. 1006a), as ^jll\f,'\lll\ amended and supplemented, and in accordance with the provisions of 74 Stat.^1'31. laws relating to the activities of ths Department, to perform works of improvement, including funds for field employment pursuant to

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 1486 58 Stat. 742. 80 Stat. 416.

PUBLIC LAW 91-566-DEC. 22, 1970

[84 STAT.

the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $100,000 for employment under 5 U.S.C. 3109, to remain available until expended; $21,037,000, with which shall be merged the unexpended balances of funds heretofore appropriated or transferred to the Department for flood prevention purposes: Provided, That $400,000 of funds in the direct loan account of the Farmers Home Administration shall be available until expended for loans. GREAT P L A I N S CONSERVATION PROGRAM

70 Stat. 1 1 1 5; 83 Stat. 194.

For necessary expenses to carry into effect a program of conservation in the Great Plains area, pursuant to section 16(b) of the Soil Conservation and Domestic Allotment Act, as added by the Act of August 7, 1956 (16 U.S.C. 590p), $15,855,000, to remain available until expended. RESOURCE CONSERVATION A N D DEVELOPMENT

Ante, p. 439. 49 Stat. 1 6 3.

75 Stat. 307;

82 Stat. 7 7 0.

For necessary expenses in planning and carrying out projects for resource conservation and development, and for sound land use, pursuant to the provisions of section 32(e) of title III of the Bankheadj^^^^g ^^^^ Teuaut Act, as amended (7 U.S.C. 1011; 76 Stat. 607), and the provisions of the Act of April 27, 1935 (16 U.S.C. 590a-f), $14,276,000, to remain available until expended: Provided, That $3,300,000 of the funds available in the direct loan account of the Farmers Home Administration shall be available for loans under subtitle A of the Consolidated Farmers Home Administration Act of 1961, as amended (7 U.S.C. 1922-1929), and section 32(e) of title III of the Bankhead-Jones F a r m Tenant Act, as amended (7 U.S.C. 1011(e)), to remain available until expended: Provided further, That this appropriation shall be available for field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $50,000 shall be available for employment under 5 U.S.C. 3109. ECONOMIC RESEARCH SERVICE SALARIES AND EXPENSES

60 Stat. 1087.

For necessary expenses of the Economic Research Service in conducting economic research and service relating to agricultural production, marketing, and distribution, as authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627), and other laws, including economics of marketing; analyses relating to farm prices, income and population, and demand for farm products, use of resources in agriculture, adjustments, costs and returns in farming, and farm finance; and for analyses of supply and demand for farm products in foreign countries and their effect on prospects for United States exports, progress in economic development and its relation to sales of farm products, assembly and analysis of agricultural trade statistics and analysis of international financial and monetary programs and policies as they affect the competitive position of United States farm products; $14,926,000: Provided, That not less than $350,000 of the funds contained in this appropriation shall be available to continue to gather statistics and conduct a special study on the price spread between the farmer and consumer: Provided further, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C.

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PUBLIC LAW 91-566-DEC. 22, 1970

2225), and not to exceed $75,000 shall be available for employment under 5 U.S.C. 3109: Provided further, That not less that $145,000 of the funds contained in this appropriation shall be available for analysis of statistics and related facts on foreign production and full and complete information on methods used hj other countries to move farm commodities in world trade on a competitive basis.

1487 ss Stat. 742. so Stat. 4i6.

STATISTICAL REPORTING SERVICE SALARIES AND EXPENSES

For necessary expenses of the Statistical Reporting Service in conducting statistical reporting and service work, including crop and livestock estimates, statistical coordination and improvements, and marketing surveys, as authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627) and other laws, $17,796,800: Provided, That no part of the funds herein appropriated shall be available for any expense incident to publishing estimates of apple production for other than the commercial crop: Provided further, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $40,000 shall be available for employment under 5 U.S.C. 3109.

eo Stat. io87.

CONSUMER AND MARKETING SERVICE C O N S U M E R P R O T E C T IV E, M A R K E T I N G, A N D REGULATORY PROGRAMS

For expenses necessary to carry on services related to consumer protection, agricultural marketing and distribution, and regulatory programs, other than Packers and Stockyards Act, as authorized by V'i^^^^\ll^' law, and for administration and coordination of payments to States; including field employment pursuant to section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $75,000 for employment under 5 U.S.C. 3109; $149,247,000: Provided, That this appropriation shall be available pursuant to law (7 U.S.C. 2250) for the alteration and repair of buildings and improvements, but, unless otherwise provided, the cost of altering any one building during the fiscal year shall not exceed $7,500 or 7.5 per centum of the cost of the building, whichever is greater. P A Y M E N T S TO STATES A N D POSSESSIONS

For payments to departments of agriculture, bureaus and departments of markets, and similar agencies for marketing activities undei* section 204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)), $1,675,000. REMOVAL o r S U R P L U S AGRICULTURAL

COMMODITIES

(SECTION 3 2)

Funds available under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c) shall be used only for commodity program expenses as "^^ Stat. 774. authorized therein, and other related operating expenses, except for (1) transfers to the Department of the Interior as authorized by the Fish and Wildlife Act of August 8, 1956; (2) transfers otherwise pro- \\ use*742a' vided in this Act; (3) not more than $3,084,000 for formulation and note.

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PUBLIC LAW 91-566-DEC. 22, 1970

[84 STAT.

administration of marketing agreements and orders pursuant to the 7°us^c*67^4note. Agricultural Marketing Agreement Act of 1937, as amended, and the 75 Stat. 294. * xVgricultural Act of 1961; and (4) i n a d d i t i o n to other a m o u n t s p r o -

7 USC 1911 note.

vided in this Act, not more than $186,058,000 (including not to exceed $2,000,000 for State administrative expenses) for (a) child feeding programs and nutritional programs authorized by law in the School Lunch Act and the Child Nutrition Act, as amended; and (b) additional direct distribution or other programs, without regard to whether such area is under the food stamp program or a system of direct distribution, to provide, in the immediate vicinity of their place of permanent residence, either directly or through a State or local welfare agency, an adequate diet to other needy children and low-income persons determined by the Secretary of Agriculture to be suffering, through no fault of their own, from general and continued hunger resulting from insufficient food. FOOD AND NUTRITION SERVICE SPECIAL MILK PROGRAM

Ante, p. 336.

For necessary expenses to carry out the provisions of the Special Milk Program, as authorized by section 3 of the Child Nutrition Act of 1966 (42 U.S.C. 1772), $104,000,000: Provided, That this appropriation shall be available only within the limits of amounts authorized by law for fiscal year 1971. CHILD NUTRITION PROGRAMS

60 Stat. 230. Ante, p. 207. Ante. p. 336. 49 Stat. 774.

76 Stat. 944; "^"^2^1:8*0^1752. 60 Stat. 231. 42 USC 1754. 49 Stat. 774. Ante, p. 209. 58 Stat. 742. 80 Stat. 416.

For necessary expenses to carry out the provisions of the National School Luiich Act, as amended (42 U.S.C. 1751-1761); Public Law 91-248 aud the applicable provisions other than section 3 of the Child Nutrition Act of 1966, as amended (42 U.S.C. 1773-1785); Public Law 91-248, $476,007,000, of which $174,033,000 shall be derived by transfer from funds available under section 32 of the Act of August 24, ^935 (7 U.S.C. 612c): Provided. That of the foregoing total amount there shall be available $204,747,000 for special assistance to needy schoolchildren, $12,000,000 for the school breakfast program, $15,000,000 for the nonfood assistance program, $1,500,000 for State administrative expenses, and $12,000,000 for special food service programs for children: Provided further, That funds provided herein shall remain available until expended in accordance with section 3 of the National School Lunch Act, as amended: Provided further, That no P ^ ^ of this appropriation shall be used for nonfood assistance under section 5 of the National School Lunch Act, as amended: Provided further, That an additional $64,325,000 shall be transferred to this appropriation from funds available under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), for purchase and distribution of agricultural commodities and other foods pursuant to section 6 of the Natloual School Lunch Act, as amended: Provided further. That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $75,000 shall be available for employment under 5 U.S.C. 3109. FOOD STAMP PROGRAM

8i^ltat?228?^' 7 USC 2011 note.

For necessary expenses of the food stamp program pursuant to the Food Stamp Act of 1964, as amended, $1,420,000,000: Provided, That

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this appropriation shall be available only within the limits of amounts authorized by law for fiscal year 1971. FOREIGN AGRICULTURAL SERVICE SALARIES AND EXPENSES

For necessary expenses for the Foreign Agricultural Service, including carrying out title VI of the Agricultural Act of 1954 (7 LT.S.C. 1761-1768), market development activities abroad, and for enabling the Secretary to coordinate and integrate activities of the Department in connection with foreign agricultural work, including not to exceed $35,000 for representation allowances and for expenses pursuant to section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766), $24,273,000: Provided, That not less than $255,000 of the funds contained in this appropriation shall be available to obtain statistics and related facts on foreign production and full and complete information on methods used by other countries to move farm commodities in world trade on a competitive basis: Provided further, That, in addition, not to exceed $3,117,000 of the funds appropriated by section 32 of the Act of August 24, 1935, as amended (7 U.S.C. 612c), shall be merged with this appropriation and shall be available for all expenses of the Foreign Agricultural Service.

68 Stat. 908.

7o Stat. 1034.

^^ Stat. 774.

COMMODITY EXCHANGE AUTHORITY SALARIES AND EXPENSES

For necessary expenses to carry into effect the provisions of the Commodity Exchange Act, as amended (7 U.S.C. l-17b), $2,552,000.

42 Stat. 998; 82 Stat. 26.

AGRICULTURAL STABILIZATION AND CONSERVATION SERVICE EXPENSES, A G R I C U L T U R A L

STABILIZATION AND

CONSERVATION

SERVICE

For necessary administrative expenses of the Agricultural Stabilization and Conservation Service, including expenses to formulate and carry out programs authorized by title III of the Agricultural Adjustment Act of 1938, as amended (7 U.S.C. 1301-1393); Sugar Act of ^2 Stat. 38. 1948, as amended (7 U.S.C. 1101-1161); sections 7 to 15,16(a), 16(d), ^i Stat. 922; 16(e), 16(f), 16(i), and 17 of the Soil Conservation and Domestic ' ' ^'"'' '^^'• Allotment Act, as amended (16 U.S.C. 590g-590q); subtitles B and ^9 Stat. ii48. C of the Soil Bank Act (7 U.S.C. 1831-1837, 1802-1814, and 1816); 70 Stat. 191; and laws pertaining to the Commodity Credit Corporation, 1^1 g|g|' ^206 $150,000,000: Provided, That, in addition, not to exceed $68,779,000 may be transferred to and merged with this appropriation from the Commodity Credit Corporation fund (including not to exceed $30,228,000 under the limitation on Commodity Credit Corporation administrative expenses): Provided further, That other funds made available to the Agricultural Stabilization and Conservation Service for authorized activities may be advanced to and merged with this appropriation: Provided further. That no part of the funds appropriated or made available under this Act shall be used (1) to influence the vote in any referendum; (2) to influence agricultural legislation, except as permitted in 18 U.S.C. 1913; or (3) for salaries or other " Stat. 792. expenses of members of county and community committees established pursuant to section 8(b) of the Soil Conservation and Domestic Allotment Act, as amended, for engaging in any activities other than 52 Stat. 31. ^

^ ^

^

J

16 USC 590h.

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PUBLIC LAW 91-566-DEC. 22, 1970

[84 STAT.

advisory and supervisory duties and delegated program functions prescribed in administrative regulations. SUGAR ACT PROGRAM

61 Stat. 922; 79 Stat. 1271.

For necessary expenses to carry into effect the provisions of the Sugar Act of 1948 (7 U.S.C. 1011-1161), $83,600,000, to remain availj^j^jg ^j^^ jj Junc 30 of the next succeeding fiscal year. AGRICULTURAL CONSERVATION

49 Stat. 1148.

82 Stat. 639. 83 Stat. 244.

16 USC* 5 90*590q. ^'

PROGRAM

For necessary expenses to carry into effect the program authorized in section 7 to 15,16(a) and 17 of the Soil Conservation and Domestic Allotment Act, approved February 29, 1936, as amended (16 U.S.C. 590g-590o, 590p(a), and 590q), including not to exceed $15,000 for the preparation and display of exhibits, including such displays at State, interstate, and international fairs within the United States, $185,000,000, to remain available until December 31 of the next succeeding; fiscal year for compliance with the programs of soil-building and soil- and water-conserving practices authorized under this head in the Department of Agriculture and related Agencies Appropriation Acts, 1969 aud 1970, carried out during the period July 1, 1968, ^^ December 31, 1970, inclusive: Provided, That none of the funds herein appropriated shall be used to pay the salaries or expenses of any regional information employees or any State information emploj^ees, but this shall not preclude the answering of inquiries or supplying of information at the county level to individual farmers: Provided further, That no portion of the funds for the current year's program may be utilized to provide financial or technical assistance for drainage on wetlands now designated as Wetland Types 3(111), 4 ( IV), and 5(V) in United States Department of the Interior, Fish and Wildlife Circular 39, Wetlands of the United States, 1956: Provided further, That necessary amounts shall be available for administrative expenses in connection with the formulation and administration of the 1971 program of soil-building and soil- and water-conserving practices, including related wildlife conserving practices and pollution abatement practices, under the Act of February 29^ 1936, as amended (amounting to $195,500,000, excluding administration, except that no participant shall receive more than $2,500, except where the participants from two or more farms or ranches join to carry out approved practices designed to conserve or improve the agricultural resources of the community): Provided further, That not to exceed 5 per centum of the allocation for the current year's agricultural conservation program for any county may, on the recommendation of such county committee and approval of the State committee, be withheld and allotted to the Soil Conservation Service for services of its technicians in formulating and carrying out the agricultural conservation program in the participating counties, and shall not be utilized by the Soil Conservation Service for any purpose other than technical and other assistance in such counties, and in addition, on the recommendation of such county committee and approval of the State committee, not to exceed 1 per centum may be made available to any other Federal, State, or local public agency for the same purpose and under the same conditions: Provided further. That for the current year's program, $2,500,000 shall be available for technical assistance in formulating and carrying out agricultural conservation practices: Provided further. That such amounts shall be available for the purchase of seeds, fertilizers, lime, trees, or any other farming material, or any soil-

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PUBLIC LAW 91-566-DEC. 22, 1970

1491

terracing services, and making grants thereof to agricultural producers to aid them in carrying out farming practices approved by the Secretary under programs provided for herein: Provided further, That no part of any funds available to the Department, or any bureau, office, corporation, or other agency constituting a part of such Department, shall be used in the current fiscal year for the payment of salary or travel expenses of any jjerson who has been convicted of violating the Act entitled "An Act to prevent pernicious political activities", approved August 2, 1939, as amended, or who has been found in accord- 5/stat^V6V^^' ance with the provisions of title 18, United States Code, section 1913, s use iso'ito have violated or attempted to violate such section which prohibits }jV^^ notes, 7324the use of Federal appropriations for the payment of personal services 62 stat!^*92. or other expenses designed to influence in any manner a Member of Congress to favor or oppose any legislation or appropriation by Congress except upon request of any Member or through the proper official channels. CROPLAND ADJUSTMENT

PROGRAM

For necessary expenses to carry into effect a cropland adjustment program as authorized by the Food and Agriculture Act of 1965 (7 U.S.C. 1838), $77,800,000. EMERGENCY

CONSERVATION

MEASURES

For emergency conservation measures, to be used for the same purposes and subject to the same conditions as funds appropriated under this head in the Third Supplemental Appropriation Act, 1957, to remain available until expended, $5,000,000, with which shall be merged the unexpended balances of funds heretofore appropriated for emergency conservation measures. INDEMNITY

79 Stat. 1206; 82 Stat. 996.

P A Y M E N T S TO DAIRY

71 Stat. 176.

FARMERS

For necessary expenses involved in making payments to dairy farmers who have been directed to remove their milk from commercial markets because it contained residues of chemicals registered and approved for use by the Federal Government, $250,000: Provided, That none of the funds contained in this Act shall be used to make indemnity payments to any farmer whose milk was removed from commercial markets as a result of his willful failure to follow procedures prescribed by the Federal Government. OFFICE OF THE INSPECTOR GENERAL SALARIES AND EXPENSES

For necessary expenses of the Office of the Inspector General, including employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $10,000 for employment under 5 T'.S.C. 3109, $12,412,000, and in addition, $3,434,000 shall be derived by transfer from appropriation, "Food Stamp Program" and merged with this appropriation.

ss Stat. 742. so Stat. 4i6.

PACKERS AND STOCKYARDS ADMINISITJATION SALARIES AND EXPENSES

For expenses necessary for administration of the Packers and Stockyards Act, as authorized by law, including field employment

'•s Stat. 159. 7 USC 181.

47-348 O - 72 - 11 (pt. 2)

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Page:Folk-lore - A Quarterly Review. Volume 15, 1904.djvu/86

 n^ W/rCH DOCTORS KIT
 * j /^>^

A WITCH-DOCTOR'S KIT FROM MAGILA. (East Ckntrai. Africa.) To face p. ^.1.


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 1492 58 Stat. 742. 80 Stat. 416.

PUBLIC LAW 91-566-DEC. 22, 1970

[84 STAT.

pursuaiit to section 706(a) of the Organic Act of 1944 (T U.S.C. 2225), and not to exceed $5,000 for employment under 5 U.S.C. 3109, $3,588,650. OFFICE OF THE GENERAL COUNSEL SALARIES AND EXPENSES

For necessary expenses, including payment of fees or dues for the use of law libraries by attorneys in the field service, $5,657,000. OFFICE OF INFORMATION SALARIES AND EXPENSES

34 Stat. 690.

82 Stat. 1265. 44 USC 1301. '

For necessary expenses of the Office of Information for the dissemination of agricultural information and the coordination of informational work and programs authorized by Congress in the Department, $2,256,000, of which total appropriation not to exceed $612,000 may be used for farmers' bulletins, which shall be adapted to the interests of the people of the different sections of the country, an equal proportion of four-fifths of which shall be available to be delivered to or sent out under the addressed franks furnished by the Senators, Representatives, ^ud Dclegatcs in Congress, as they shall direct (7 U.S.C. 417), and not less than two hundred and thirty-two thousand two hundred and fifty copies for the use of the Senate and House of Representatives of part 2 of the annual report of the Secretary (known as the Yearbook of Agriculture) as authorized by section 73 of the Act of January 12, 1895 (44 U.S.C. 241): Provided, That in the preparation of motion pictures or exhibits by the Department, this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $10,000 shall be available for employment under 5 U.S.C. 3109. NATIONAL AGRICULTURAL LIBRARY SALARIES A N D EXPENSES

For necessary expenses of the National Agricultural Library, $3,764,750: Provided, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $35,000 shall be available for employment under 5 U.S.C. 3109: Provided further, That not to exceed $100,000 shall be available pursuant to 7 U.S.C. 2250 for the alteration and repair of buildings and improvements. OFFICE OF MANAGEMENT SERVICES SALARIES AND EXPENSES

For necessary expenses to enable the Office of Management Services to provide management support services to selected agencies and offices of the Department of Agriculture, $3,459,000. GENERAL ADMINISTRATION S A L A R I E S AND EXPENSES

For necessary expenses of the Office of the Secretary of Agriculture and for general administration of the Department of Agriculture,

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1493

repairs and alterations, and other miscellaneous supplies and expenses not otherwise provided for and necessary for the practical and efficient work of the Department of Agriculture, and not to exceed $5,000 for employment under 5 U.S.C. 3109, $6,058,000: Provided, That this 8ostat.4i6. appropriation shall be reimbursed from applicable appropriations for travel expenses incident to the holding of hearings as required by 5 U.S.C. 551-558: Provided further, That not to exceed $2,500 of this si^statfM!*^' amount shall be available for official reception and representation expenses, not otherwise provided for, as determined by the Secretary. TITLE II—CREDIT AGENCIES RURAL ELECTRIFICATION ADMINISTRATION

To carry into effect the provisions of the Rural Electrification Act of 1936, as amended (7 U.S.C. 901-924), as follows: '

^

^' LOAN

^^ ^'^'' ^^es; 63 Stat. 9 4 8.

AUTHORIZATION

For loans in accordance with said Act, and for carrying out the 7 USC 907. provisions of section 7 thereof, to be borrowed from the Secretary of the Treasury in accordance with the provisions of section 3(a) of said Act, and to remain available without fiscal year limitation in accord- eg^statVa^i^^' ance with section 3(e) of said Act, as follows: rural electrification pro- 7 USC 903'. gram, $337,000,000, and rural telephone program, $128,800,000. SALARIES A N D E X P E N S E S

For administrative expenses, including not to exceed $500 for financial and credit reports, funds for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $150,000 for employment under 5 U.S.C. 3109, $14,613,000.

ss Stat. 742.

FARMERS H O M E ADMINISTRATION DIRECT

LOAN

ACCOUNT

Direct loans and advances under subtitles A and B, and advances under section 335(a) for which funds are not otherwise available, of the Consolidated Farmers Home Administration Act of 1961 (7 U.S.C. 1921), as amended, may be made from funds available in the Farmers '^^ s*^** 3°^' Home Administration direct loan account as follows: real estate loans, ^^^' $103,000,000, and operating loans, $275,000,000. RURAL

HOUSING

INSURANCE

FUND

For direct loans and related advances pursuant to section 517(m) of the Housing Act of 1949, as amended, $19,000,000 shall be available from funds in the rural housing insurance fund. Hereafter, farmer applicants for direct or insured rural housing loans shall be required to provide only such collateral security as is required of owners of nonfarm tracts. For an additional amount for the rural housing insurance fund, as authorized by section 521(c) of the Housing Act of 1949 (42 U.S.C. 1490a (c)), $334,000.

83 Stat. 3 9 9. 42 USC 1487.

82 Stat. 5 5 1.

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 1494

PUBLIC LAW 91-566-DEC. 22, 1970 KUKAli ^VA'I'KR A N D WASTE DISPOSAL

79 Stat. 9 3 1; 52 Stat. 770.

LABOR

For financial assistance to public nonprofit organizations for housing for domestic farai labor, jnirsuant to section 516 of the Housing Act of 1949, as amended (42 U.S.C. 1486), $2,500,000, to remain available until expended. M U T U A L AND SELF-HELP

82 Stat. 553.

GRAXTS

For grants pursuant to sections 306(a)(2) and 306(a)(6) of the Consolidated Farmers Home Administration Act of 1961, as amended. (7 U.S.C. 1926), $100,000,000. RURAL H O U S I N G FOR DOMESTIC F A R M

78 Stat. 797.

[84 STAT.

HOUSING

For grants pursuant to section 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C. 1490c), $775,000, to remain available until expended. S E L F - H E L P HOUSING LAND DEVELOPMENT F U N D

For direct loans pursuant to section 523(b)(1)(B) of the Housing Act of 1949 (42 U.S.C. 1490c) and related advances, $400,000, to remain available until expended. SALARIES A N D E X P E N S E S

75 Stat. 307.

For necessary expenses of the Farmers Home Administration, not otherwise provided for, in administering the programs authorized by the Consolidated Farmers Home Administration Act of 1961 (7 U.S.C. 1921-1991), as amended, title V of the Honeying Act of 1949, as

63 Stat. 432.

amended (42 U. S. ( \ 1471-1490c, 83 Stat. 3 9 9), the R u r a l R e h a b i l i t a -

tion Corporation Trust Liquidation Act, approved May 3, 1950 (40 64 Stat. 98. 82 Stat. 477. 82stau?26.

75 Stat. 309; 7 USC 1929. 75 Stat. 187. 79 stau V99I" 42 USC 1487. Ante, p. 120. 58 Stat. 742.

63 Stat. 434.

U.S.C. 4 4 0 - 4 4 4), and for c a r r y i n g o u t the responsibilities of the Secretary of Agriculture under sections 235 and 236 of the National Housing Act, as amended (12 U.S.C. 1 7 1 5 z - l 7 l 5 z - l), and section 701 of the Housing Act of 1954, as amended (40 U.S.C. 4 6 1), $86,000,000, to g e the r w i t h not more than $2,250,000 of the c h a r g e s collected i n con-

nection with the insurance of loans as authorized by section 309(e) of the Consolidated Farmers Home Administration Act of 1961, as amended, and sections 514(b)(3) and 5l7(i) of the Housing Act of 1949, as amended, of which not more than $250,000 shall be available for the administration of Public Law 91-229: Provided, That, in addi^^OT^, not to exceed $500,000 of the funds available for the various programs administered by this agency may be transferred to this appropriation for temporary field employment pursuant to the second seiiteuce of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225) to meet unusual or heavy workload increases: Provided further, That no part of any funds in this paragraph may be used to administer a program which makes rural housing grants pursuant to section 504 of the Housing Act of 1949, as amended.

42 USC 1474.

TITLE III—CORPORATIONS The following corporations and agencies are hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accord with law, and to inake such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government

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PUBLIC LAW 91-566-DEC. 22, 1970

Corporation Control Act, as amended, as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for such corporation or agency, except as hereinafter provided: FEDERAL CROP INSURANCE

1495 ei Stat. 584. 31 USC 849.

CORPORATION

ADMINISTRATIVE A N D OPERATING

EXPENSES

For administrative and operating expenses, $12,000,000. FEDERAL CROP INSURANCE CORPORATION F U N D

Not to exceed $2,335,000 of administrative and operating expenses may be paid from premium income. COMMODITY CREDIT CORPORATION REIMBURSEMENT FOR NET REALIZED LOSSES

To reimburse the Commodity Credit Corporation for net realized losses sustained in prior years but not previously reimbursed, pursuant to the Act of August 17, 1961 (15 U.S.C. 713a-ll, 7l3a-12), in the ^s Stat. 391. following amounts: fiscal year 1968, $249,998,669; fiscal year 1969, $3,113,156,331; in total, $3,363,155,000: Provided, That no funds Nc,rth^vietna^n,^^ appropriated by this Act shall be used to formulate or administer bulon.^"'^^' ^'^° programs for the sale of agricultural commodities pursuant to title I of Public Law 480, 83d Congress, as amended to any nation which ^° Stat. 1526. sells or furnishes or which permits ships or aircraft under its registry ^ ^^^ ^^^^' to transport to North Vietnam any equipment, materials or commodities, so long as North Vietnam is governed by a Communist regime. LIMITATION ON ADMINISTRATIVE EXPENSES

Not to exceed $36,500,000 shall be available for administrative expenses of the Commodity Credit Corporation: Provided, That $945,000 of this authorization shall be available only to expand and strengthen the sales program of the Corporation pursuant to authority contained in the Corporation's charter: Provided further, That not less than 7 per centum of this authorization shall be placed in reserve to be apportioned pursuant to section 3679 of the Revised Statutes, as amended, for use only in such amounts and at such times as may become necessary to carry out program operations: Provided further, That all necessary expenses (including legal and special services performed on a contract or fee basis, but not including other personal services) in connection with the acquisition, operation, maintenance, improvement, or disposition of any real or personal property belonging to the Corporation or in which it has an interest, including expenses of collections of pledged collateral, shall be considered as nonadministrative expenses for the purposes hereof.

^i use ees.

PUBLIC LAW 4 8 0

For expenses during the current fiscal year, not otherwise recoverable, and unrecovered prior years' costs, including interest thereon, under the Agricultural Trade Development and Assistance Act of 1954, as amended (7 U.S.C. 1701-1710, 1721-1725, 1731-1736d), to 82*sta[^45l)^^^' remain available until expended, as follows: (1) sale of agricultural commodities for foreign currencies and for dollars on credit terms pursuant to title I of said Act, $411,100,000; and (2) commodities

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 1496

80 Stat. 1534. 7 USC 1721.

PUBLIC LAW 91-566-DEC. 22, 1970

supplied in connection with dispositions abroad, pursuant to title II of said Act, $291,400,000. BARTERED M A T E R I A L S FOR S U P P L E M E N T A L

70 Stat. 200; 76 Stat. 7 8.

[84 STAT.

STOCKPILE

For unrecovered prior years' costs related to strategic and other materials acquired as a result of barter or exchange of agricultural commodities or products and transferred to the supplemental stockpile pursuant to the Act of May 28, 1956, as amended (7 U.S.C. 1856), $25,000, to remain available until expended. TITLE IV—RELATED AGENCIES FARM CREDIT ADMINISTRATION LIMITATION

ON ADMINISTRATIVE

EXPENSES

Not to exceed $4,204,000 (from assessments collected from farm credit agencies) shall be obligated during the current fiscal year for administrative expenses, including the hire of one passenger motor vehicle. TITLE V—GENERAL PROVISIONS P a s s e n g e r motor vehicles.

A l i e n s, employment.

Uniform allow80 Stat. 508; 81 Stat. 206. Cotton p r i c e s, prediction.

Twine.

Contracting funds. 60 Stat. 1082; 68 Stat. 574, 72 Stat. 1793.

Short title.

SEC. 501. Within the unit limit of cost fixed by law, appropriations and authorizations made for the Department under this Act shall be available for the purchase, in addition to those specifically provided for, of not to exceed six hundred and sixty-two (662) passenger motor vehicles, of which four hundred and fifty-six (456) shall be for replacement only, and for the hire of such vehicles. SEC. 502. Provisions of law prohibiting or restricting the employment of aliens shall not apply to employment under the appropriation for the Foreign Agricultural Service. SEC. 503. Funds available to the Department of Agriculture shall be available for uniforms or allowances therefor as authorized by law (5 U.S.C. 5901-5902). SEC. 504. No part of the funds appropriated by this Act shall be used for the payment of any officer or employee of the Department who, as such officer or employee, or on behalf of the Department or any division, commission, or bureau thereof, issues, or causes to be issued, any prediction, oral or written, or forecast, except as to damage threatened or caused by insects and pests, with respect to future prices of cotton or the trend of same. SEC. 505. Except to provide materials required in or incident to research or experimental work where no suitable domestic product is available, no part of the funds appropriated by this Act shall be expended in the purchase of twine manufactured from commodities or materials produced outside of the United States. SEC. 506. Not less than $1,500,000 of the appropriations of the Department for research and service work authorized by the Acts of August 14, 1946, July 28, 1954, and Sei^tember 6, 1958 (7 U.S.C. 427, 1621-1629; 42 U.S.C. 1891-1893), shall be available for contracting in accordance with said Acts. SEC. 507. No part of any appropriation contained in this Act ^ a l l remain available for obligation beyond the current fiscal year unless expressly so provided herein. This Act may be cited as the "Department of Agriculture and Related Agencies Appropriation Act, 1971*'. Approved December 22, 1970.

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PUBLIC LAW 91-567-DEC. 22, 1970

1497

Public Law 91-567 AN ACT

To amend sections 13(d), 13(e), 14(d), and 14(e) of the Securities Exchange Act of 1934 in order to provide additional protection for investors.

December 22, 1970

[s.343i]

Be it enacted by the Seriate and House of Re^resentatives of the United States of America in Congress assembled, That (a) the part of Securities Exparagraph (1) of subsection (d) of section 13 of the Securities anfen^dment." ' Exchange Act of 1934 (15 U.S.C. 78m(d)(1)) which precedes clause investor protection. (A) is amended— 82*Stat. 454. (1) by inserting after "section 12 of this title" the following: 48 Stat. 392; ", or any equity security of an insurance company which would ^^IS'USC^TSL have been required to be so registered except for the exemption contained in section 12(g)(2)(G) of this title,"; and (2) by striking out "10 per centum" and inserting in lieu thereof "5 per centum". (b) Paragraph (5) of subsection (d) of section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 7 8 m (d)(5)) is redesignated as paragraph (6) and the following new paragraph is inserted immediately after paragraph (4). "(5) The Commission, by rule or regulation or by order, may permit Notice in iieu any person to file in lieu of the statement required by paragraph (1) mem?""^^'* ^'^*' of this subsection or the rules and regulations thereunder, a notice stating the name of such person, the number of shares of any equity securities subject to paragraph (1) which are owned by him, the date of their acquisition and such other information as the Commission may specify, if it appears to the Commission that such securities were acquired by such person in the ordinary course of his business and were not acquired for the purpose of and do not have the effect of changing or influencing the control of the issuer nor in connection with or as a participant in any transaction having such purpose or effect." SEC. 2. Paragraph (2) of subsection (e) of section 13 of the Securities ^^^^^^^^"^^ Exchange Act of 1934 (15 U.S.C. 78m (e)(2)) is amended by adding at the end thereof the following: "The Commission shall have power to make rules and regulations implementing this paragraph in the public interest and for the protection of investors, including exemptive rules and regulations covering situations in which the Commission deems it unnecessary or, inappropriate that a purchase of the type described in this paragraph shall be deemed to be a purchase by the issuer for purposes of some or all of the provisions of paragraph (1) of this subsection." SEC. 3. The first sentence of paragraph (1) of subsection (d) of section 14 of the Securities Exchange Act of 1934 (15 U.S.C. 78n(d) (1)) is amended— (1) by inserting after "section 12 of this title," the following: "or any equity security of an insurance company which would have been required to be so registered except for the exemption contained in section 12(sr)(2)(G) of this title,"; and 78 Stat. 557. (2) by striking out "10 per centum" and inserting in lieu thereof "5 per centum". SEC. 4. Paragraph 8 of subsection (d) of section 14 of the Securities Exchange Act of 1934 (15 U.S.C. 78n(d)(8)) is amended by striking out clause (A) and redesignating clauses (B), (C), and (D) as clauses (A), (B), and (C), respectively. SEC. 5. Subsection (e) of section 14 of the Securities Exchange Act (15 U.S.C. 78n(e)) is amended by adding the following sentence at the end thereof: "The Commission shall, for the purposes of this subsection, by rules and regulations define, and prescribe means reason-

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 1498

PUBLIC LAW 91-567-DEC. 22, 1970

[84 STAT.

ably designed to prevent, such acts and practices as are fraudulent, deceptive, or manipulative." securuffr.'' SEC. 6. (a) Section 3(a)(2) of the Securities Act of 1933 (15 U.S.C. Ante, pp. 718, 77c(a)(2)) is amended to read as follows: i'*34. " (2) Any security issued or guaranteed by the United States or any territory thereof, or by the District of Columbia, or by any State of the United States, or by any political subdivision of a State or territory, or by any public instrumentality of one or more States or territories, or by any person controlled or supervised by and acting as an instrumentality of the Government of the United States pursuant to authority granted by the Congress of the United States; or any certificate of deposit for any of the foregoing; or any security issued or guaranteed by any bank; or any security issued by or representing an interest in or a direct obligation of a Federal Reserve bank; or any interest or participation in any common trust fund or similar fund maintained by a bank exclusively for the collective investment and reinvestment of assets contributed thereto by such bank in its capacity as trustee, executor, administrator, or guardian; or any security which is an industrial development bond (as defined in sec82^sfaf'26*6^1349 *^"^ 103(c)(2) of the Internal Revenue Code of 1954) the interest on 26 USC 103. * which is excludable from gross income under section 103(a)(1) of such Code if, by reason of the application of paragraph (4) or (6) of section 103(c) of such Code (determined as if paragraphs (4)(A), (6), and (7) were not included in such section 103(c)), paragraph (1) of such section 103(c) does not apply to such security; or any interest or participation in a single or collective trust fund maintained by a bank or in a separate account maintained by an insurance company which interest or participation is issued in connection with (A) a stock bonus, pension, or profit-sharing plan which meets the requirements for qualification under section 401 of the Internal Revenue Code 68A Stat. 134. of 1954, Or (B) an annuity plan which meets the requirements for the 26 USC 401. deduction of the employer's contribution under section 404(a)(2) of 76 Stat. 1141. such Code, other than any plan described in clause (A) or (B) of this paragraph (i) the contributions under which are held in a single trust fund maintained by a bank or in a separate account maintained by an insurance company for a single emplo;^er and under which an amount in excess of the employer's contribution is allocated to the purchase of securities (other than interests or participations in the trust or separate account itself) issued by the employer or by any company directly or indirectly controlling, controlled by or under common control with the employer or (ii) which covers employees some or all of whom are employees within the meaning of section 76 Stat. 811. 401(c)(1) of such Codc. The Commission, by rules and regulations 48 Stat. 77; Qr Order, shall exempt from the provisions of section 5 of this title i5*use 77*e.

"Bank."

8ny interest or participation issued in connection with a stock bonus, pension, profit-sharing, or annuity plan which covers employees some or all of whom are employees within the meaning of section 401(c)(1) of the Internal Revenue Code of 1954, if and to the extent that the Commission determines this to be necessary or appropriate in the public interest and consistent with the protection of investors and the purposes fairly intended by the policy and provisions of this title. For purposes of this paragraph, a security issued or ^laranteed by a bank shall not include any interest or participation in any collective trust fund maintained by a bank; and the term 'bank' means any national bank, or any banking institution organized under the laws of any State, territory, or the District of Columbia, the business of which is substantially confined to banking and is supervised by the State or territorial banking commission or similar official; except that in the case of a common trust fund or similar fund, or a collective

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PUBLIC LAW 91.569-DEC. 23, 1970

1499

trust fund, the term 'bank' has the same meaning as in the Investment Company Act of 1940." ft,%^n-J<^^' (b) Section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. '^ ^ " 78c) (relating to exempted securities) is amended by inserting after ^'"*' PP- ''^^•' "any municipal corporate instrumentality of one or more States;" in ^'^^^' paragraph (12) the following: "or any security which is an industrial development bond (as defined in section 103(c)(2) of the Internal Revenue Code of 1954) the interest on which is excludable from gross 1349^'^** ^^^' income under section 103(a)(1) of such Code if, by reason of the appli- 26 USC 103. cation of paragraph (4) or (6) of section 103(c) of such Code (determined as if paragraphs (4)(A), (5), and (7) were not included in such section 103(c)), paragraph (1) of such section 103(c) does not apply to such security;". (c) Section 304(a) of the Trust Indenture Act of 1939 (15 U.S.C 77ddd) (relating to exempted securities) is amended by reclassifying S3 Stat. 1153. the present text of paragraph (4) thereof as paragraph (4)(A), and by adding a new subparagraph (B) at the end of such paragraph (4), to read as follows: " (B) any security exempted from the provisions of the Securities Act of 1933, as amended, by paragraph (2) of subsection 3(a) thereof, Ante, p. 1498. as amended by section 401 of the Employment Security Amendments o f 1970."

(d) The amendments made by this section shall apply with respect to securities sold after January 1, 1970. Approved December 22, 1970.

^ " ' O ' P- 7 1 8. Effective date

Public Law 91-568 AN ACT December 22, 1970 To amend the peanut m a r k e t i n g quota provisions to make permanent certain [H. R. 17582] provisions thereunder.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 358a Peanut acreage of the Agricultural Adjustment Act of 1938, as amended, is further ^ 8T'stTt?658; amended as follows: 33 Stat. 213. (1) Subsection (a) thereof is amended by deleting", 1969, and 1970" 7 USC 1358a. and inserting in lieu thereof "and succeeding". Approved December 22, 1970.

Public Law 91-569 AN ACT December 23, 1970 To amend the I n t e r s t a t e Commerce Act and the Federal Aviation Act of 1958 [H.R. 10634] in order to exempt certain compensation of employees from withholding for income tax purposes under the laws of States or subdivisions thereof other than the State or subdivision of residence or the State or subdivision wherein more than 50 per centum of compensation is earned, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress aHsembled^ That part I of the interstate transInterstate Commerce Act is amended by redesignating section 26 ees.^ °" ^'"^ °^' as section 27 and by inserting before such section a new section as state income tax fnllr>w«iwinj-wD.

withholding, cer.. tain wage exemptions. 54 Stat. 919. 49 USC 27.

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Page:United States Statutes at Large Volume 84 Part 2.djvu/170

 1500

PUBLIC LA\^ 91-569-DEC. 23, 1970 "EXEMPTION

OF

CERTAIN

COMPENSATION

OF

EMPLOYEES

[84 STAT. FROM

WITH-

H O L D I N G FOR I N C O M E T A X PURPOSES FOR OTHER THAN STATE OR SUBDIVISION OF RESIDENCE OR STATE OR SUBDIVISION WHEREIN MORE THAN FIFTY PER CENTUM OF COMPENSATION IS EARNED

"SEC. 26. (a) No part of the compensation p)aid by any railroad, express company, or sleeping car company, subject to the provisions of this part, to an employee (1) who performs his regularly assigned duties as such an employee on a locomotive, car, or other track-borne vehicle in more than one State, or (2) who is engaged principally in maintaining roadways, signals, communications, and structures or in operating motortrucks out of railroad terminals in more than one State, shall be withheld for income tax purposes pursuant to the laws of any State or subdivision thereof other than the State or subdivision wherein more than 50 per centum of the compensation paid by the carrier to such employee is earned: Provided, however, That if the employee did not earn more than 50 per centum of his compensation from said carrier in any one State or any subdivision thereof during the preceding calendar year, then withholding shall be required only for the State or subdivision of the employee's residence, as shown on the employment records of any such carrier; nor shall any such carrier file any information return or other report for income tax purposes with respect to such compensation with any State or subdivision thereof other than such State or subdivision of residence and the State or subdivision for which the withholding of such tax has been required under this subsection. " (b)(1) For the purposes of subsection (a)(1), an employee shall be deemed to have earned more than 50 per centum of his compensation in any State or subdivision thereof in which the mileage traveled by him in such State or subdivision is more than 50 per centum of the total mileage traveled by him in the calendar year while so employed. "(2) For the purposes of subsection (a)(2), an employee shall be deemed to have earned more than 50 per centum of his compensation in any State or subdivision thereof in which the time worked by him in such State or subdivision is more than 50 per centum of the total timie worked by him in the calendar year while so employed. "State." "(c) For the purposes of this section the term 'State' also means the ««compensation."District of Columbia; and the term 'compensation' shall mean all moneys received for services rendered by an employee, as defined in subsection (a) in the performance of his duties and shall include wages and salary." 54*stau 920?' SEC. 2. (a) Section 202(b) of^ the Interstate Commerce Act is 79 Stat! 648'. amended by inserting after "Nothing in this part" a comma and the 49 USC 302. following: "except as provided in section 226A,". Tg'^usc 301. (b) Part II of the Interstate Commerce Act is amended by inserting after section 226 a new section as follows: " E X E M P T I O N OF CERTAIN C O M P E N S A T I O N OF E M P L O Y E E S F R O M WITHHOLD-

ING FOR I N C O M E T A X PURPOSES FOR OTHER THAN STATE OR SUBDIVISION OF RESIDENCE OR STATE OR SUBDIVISION WHEREIN MORE THAN FIFTY PER CENTUM OF COMPENSATION IS EARNED

"SEC. 226A. (a) No part of the compensation paid by any motor carrier subject to the provisions of this part, or by any private carrier of property by motor vehicle, to any employee who performs his regularly assigned duties as such an employee on a motor vehicle in more than one State, shall be withheld for income tax purposes pursuant to the laws

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 84 STAT. ]

PUBLIC LAW 91-569-DEC. 23, 1970

'

1501

of any State or subdivision thereof other than the State or subdivision wherein more than 50 per centum of the compensation paid by the carrier to such employee is earned: Provided, however, That if the employee did not earn more than 50 per centum of his compensation from said carrier in any one State or any subdivision thereof during the preceding calendar year, then withholding shall be required only for the State or subdivision of the employee's residence, as shown on the employment records of any such carrier; nor shall such carrier file any information return or other report for income tax purposes with respect to such compensation with any State or subdivision thereof other than such State or subdivision of residence, and the State or subdivision for which the withliolding of such tax has been required under this subsection. "(b) For the purposes of subsection (a), an employee shall be deemed to have earned more than 50 per centum of his compensation in any State or subdivision in which the mileage traveled by him in such State or subdivision is more than 50 per centum of the total mileage traveled by him in the calendar year while so employed. "(c) For the purpose of this section the term 'State' also means any "state." possession of the United States or the Commonwealth of Puerto Rico; and the term 'compensation' shall mean all moneys received for serv- "compensaices rendered by an employee, as defined in subsection (a) in the per- ''°" " formance of his duties and shall include wages and salary." SEC. 3. (a) Part III of the Interstate Commerce Act is amended by ^4 Stat. 929; redesignating section 324 as section 325 and by inserting before such ^^49 USC 90^1. section a new section as follows: "EXEMPTION

or

CERTAIN

COMPENSATION

OF EMPLOYEES

FROM

REPORT-

I N G FOR I N C O M E T A X PURPOSES FOR OTHER THAN STATE OR SUBDIVISION OF RESIDENCE OR STATE OR SUBDIVISION WHEREIN MORE THAN FIFTY PER CENTUM OF COMPENSATION IS EARNED

" S E C 324. (a) No water carrier subject to the provisions of this part nor any water carrier or class of water carriers operating on inland or coastal waters under an exemption provided therein shall file any information return or other report for income tax purposes with respect to the compensation paid to any employee who performs his regularly assigned duties as an employee of such carrier in more than one State with any State or subdivision thereof other than the State or subdivision of such employee's residence, as shown on the employment records of such carrier, and the State or subdivision in which such employee earned more than 50 per centum of the compensation paid him by such carrier during the preceding calendar year. The provisions of this section shall also apply with respect to the compensation paid to any master, officer, or seaman who is a member of the crew on a vessel engaged in foreign, coastwise, intercoastal or noncontiguous trade or in the fisheries of the United States. " (b) For the purposes of subsection (a), an employee shall be deemed to have earned more than 50 per centum of his compensation in any State or subdivision in which the time worked by him in such State or subdivision is more than 50 per centum of the total time worked by him in the calendar year while so employed. "(c) For the purpose of this section the term 'compensation' shall tion^°"''^"^^' mean all moneys received for services rendered by an employee, as defined in subsection (a) in the performance of his duties and shall include wages and salary." (b) The table of contents contained in section 301 of the Interstate Commerce Act is amended by striking out

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 1502

PUBLIC LAW 91-569-DEC. 23, 1970

[84 STAT.

"Sec. 324. Separability of provisions."

and inserting in lieu thereof: "Sec. 324. Exemption of certain compensation of employees from reporting for income tax purposes for other than State or subdivision of residence and State or subdivision wherein more than 50 per centum of compensation is earned. "Sec. 325. Separability of provisions." 72 Stat. 797; 75 Stat. 467. 49 USC 1 5 0 1.

SEC. 4. (a) Title X I of the Federal Aviation Act of 1958 is amended by inserting after section 1111 the following new section: E X E M P T I O N OF CERTAIN C O M P E N S A T I O N OF E M P L O Y E E S FROM W I T H H O L D I N G FOR I N C O M E TAX PURPOSES FOR OTHER T H A N STATE OR S U B DIVISION OF RESIDENCE OR STATE OR SUBDIVISION W H E R E I N MORE T H A N F I F T Y PER C E N T U M OF C O M P E N S A T I O N I S EARNED

"State." "Compensation.»»

Effective date.

Separability,

"SEC. 1112.(a) No part of the compensation paid by any air carrier to an employee who performs his regularly assigned duties as such an employee on an aircraft in more than one State shall be withheld for income tax purposes pursuant to the laws of any State or subdivision thereof other than the State or subdivision wherein more than 50 per centum of the compensation paid by the carrier to such employee is earned: Provided, however, That if the employee did not earn more than 50 per centum of his compensation from said carrier in any one State or subdivision thereof during the preceding calendar year, then withholding shall be required only for the State or subdivision of the employee's residence, as shown on the employment records of any such carrier; nor shall such carrier file any information return or other report for income tax purposes with respect to such compensation with any State or subdivision thereof other than such State or subdivision of residence and the State or subdivision for which the withholding of such tax has been required under this subsection. "(b) For the purposes of subsection (a), an employee shall be deemed to have earned 50 per centum of his compensation in any State or subdivision in which his scheduled flight time in such State or subdivision is more than 50 per centum of his total scheduled flight time in the calendar year while so employed. "(c) For the purposes of this section the term 'State' also means the District of Columbia and any of the possessions of the United States; and the term 'compensation' shall mean all moneys received for services rendered by an employee, as defined in subsection (a) in the performance of his duties and shall include wages and salary." (b) That portion of the table of contents contained in the first section of the Federal Aviation Act of 1958 which appears under the heading "Title XI—Miscellaneous" is amended by adding at the end thereof the following: "Sec. 1112. Exemption of certain compensation of employees from withholding for income tax purposes for other than State or subdivision of residence and State or subdivision wherein more than 50 per centum of compensation is earned." SEC. 5. The amendments made by this Act shall become effective on the first day of the first calendar year beginning after the date of enactment of this Act. SEC. 6. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the remainder of this Act and the application of the provision to other persons or other circumstances shall not be affected thereby. Approved December 23, 1970.

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PUBLIC LAW 91-571-DEC. 24, 1970

1503

Public Law 91-570 AN ACT December 23, 1970

To amend the Tariff Schedules of the United States so as to prevent the payment of multiple customs duties in the case of horses temporarily exported for the purpose of racing.

Be it enacted by the Senate and House of Representatives of the United States of Ameiica in Congress assembled, That part 1 of schedlile 8 of the Tariff Schedules of the United States (19 U.S.C. 1202) is amended by inserting after item 802.30 the following new item: " I 802. 40 I In the case of horses, use for raclnp I I

I Free I I

[H. R. 4239]

Horses. ^lAlZTAoe^

sence of this item.
 * The column 2 rate applicable in the ab- I

Approved December 23, 1970. Public Law 91-571 AN ACT December 24, 1970

To amend section 213(a) of the War Claims Act of 1948 with respect to claims of certain nonprofit organizations and certain claims of individuals.

[H. R. 2669]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That (a) section 213 war claims Act (a) of the W a r Claims Act of 1948 (50 App. U.S.C. 20171(a)) is °rlenu^'"'""""'" amended as follows: 76stat. im,, (1) Paragraph (1) is amended to read as follows: " (1) Payment in full of awards made pursuant to section 202(d)(1) and (2), and thereafter of any award made pursuant to section 202(a) to any claimant (A) certified to the Commission by the Small Business Administration as having been, on the date of loss, damage, or destruction, a small business concern within the meaning now set forth in the Small Business Act, as amended, or (B) determined by the Commission ^2 Stat. 384. to have been, on the date of loss, damage, or destruction, a nonprofit ^^ "^^ ^^^ "^*** organization operated exclusively for the promotion of social welfare, religious, charitable, or educational purposes.". (2) Redesignate paragraph (3) as paragraph (4) and, immediately after paragraph (2), insert the following new paragraph: " (3) Thereafter, payments from time to time on account of the other awards made to individuals and corporations pursuant to section 202 and not compensated in full under paragraph (1) or (2) of this subsection in an amount which shall be the same for each award or in the amount of the award, whichever is less. The total payment pursuant to this paragraph on account of any award shall not exceed $35,000." (b) The Foreign Claims Settlement Commission is authorized to recertify to the Secretary of the Treasury each award which has been certified before the date of enactment of this Act pursuant to title II of the W a r Claims Act of 1948, as added by the Act of October 22, 1962 (76 Stat. 1107), but which as of the date of enactment of this Act^has 20^1°."^*^ ^^^' not been paid in full, in such manner as it may determine to be required to give effect to the amendments made by this Act to the same extent and with the same effect as if such amendments had taken effect on October 22, 1962. Approved December 24, 1970.

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 1504

PUBLIC LAW 91-572-DEC. 24, 1970

[84 STAT.

Public Law 91-572 December 24, 1970

AN ACT

[s. 2108]

To promote public health and welfare by expanding, improving, and better coordinating the family planning services and population research activities of the Federal Government, and for other purposes.

Be it enacted by the Senate and House of Representatives Family Planning Jjfiited States of AnheHca in Conqress assembled. Services and P o p ulation R e s e a r c h Act of 1970.

•'

c

of the

^

SHORT TITLE

1. This Act may be cited as the "Family Planning Services and Population Kesearch Act of 1970". SECTION

DECLARATION OF PURPOSE

SEC. 2. I t is the purpose of this Act— (1) to assist in making comprehensive voluntary family planning services readily available to all persons desiring such services; (2) to coordinate domestic population and family planning research with the present and future needs of family planning programs; (3) to improve administrative and operational supervision of domestic family planning services and of population research programs related to such services; (4) to enable public and nonprofit private entities to plan and develop comprehensive programs of family planning services; (5) to develop and make readily available information (including educational materials) on family planning and population growth to all persons desiring such information; (6) to evaluate and improve the effectiveness of family planning service programs and of population research; (7) to assist in providing trained manpower needed to effectively carry out programs of population research and family planning services; and (8) to establish an Office of Population Affairs in the Department of Health, Education, and Welfare as a primary focus within the Federal Government on matters pertaining to population research and family planning, through which the Secretary of Health, Education, and Welfare (hereafter in this Act referred to as the "Secretary") shall carry out the purposes of this Act. OFFICE OF P O P U L A T I O N A F F A I R S

Delsu^rAssrslan't ^^^' ^- (^) There Is established within the Department of Health, Secretary for Pop- Education, aud Welfare an Office of Population Affairs to be directed ulation Affairs, jjy a Deputy Assistant Secretary for Population Affairs under the appointment. direct supervision of the Assistant Secretary for Health and Scientific Affairs. The Deputy Assistant Secretary for Population Affairs shall be appointed by the Secretary. sultantsT^ '^°"' (^) The Secretary is authorized to provide the Office of Population Affairs with such full-time professional and clerical staff and with the services of such consultants as may be necessary for it to carry out its duties and functions.

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 84 STAT. ]

PUBLIC LAW 91-572-DEC. 24, 1970

1505

F U N C T I O X S OF THE D E P U T Y ASSISTANT SECRETARY FOR POPULATION

AFFAIRS

SEC. 4. The Secretary shall utilize the Deputy Assistant Secretary for Population Affairs— (1) to administer all Federal laws for which the Secretary has administrative responsibility and which provide for or authorize the making of grants or contracts related to population research and family planning programs; (2) to administer and be responsible for all population and family planning research carried on directly by the Department of Health, Education, and Welfare or supported by the Department through grants to, or contracts with, entities and individuals; (3) to act as a clearinghouse for information pertaining to domestic and international population research and family planning programs for use by all interested persons and public and private entities; (4) to provide a liaison with the activities carried on by other agencies and instrumentalities of the Federal Go\ernment relating to population research and family planning; (5) to provide or support training for necessary manpower for domestic programs of population research and family planning programs of service and research; and (6) to coordinate and be responsible for the evaluation of the other Department of Health, Education, and Welfare programs related to population research and family planning and to make periodic recommendations to the Secretary. P L A N S AND REPORTS

SEC. 5. (a) Not later than six months after the date of enactment of Report to conthis Act the Secretary shall make a report to the Congress setting forth ^'"*^^* a plan, to be carried out over a period of five years, for extension of family planning services to all persons desiring such services, for family planning and population research programs, for training of necessary manpower for the programs authorized by title X of the Public Health Service Act and other Federal laws for which the Sec- ^°®'' P* ^^^^' retary has responsibility, and for carrying out the other purposes set forth in this Act and in such title X. (b) Such a plan shall, at a minimum, indicate on a phased basis— (1) the number of individuals to be served by family planning programs under title X of the Public Health Service Act and other Federal laws for which the Secretary has responsibility, the types of family planning and population growth information and educational materials to be developed under such laws and how they will be made available, the research goals to be reached under such laws, and the manpower to be trained under such laws; (2) an estimate of the costs and personnel requirements needed to meet these objectives; and (3) the steps to be taken to establish a systematic reporting system capable of yielding comprehensive data on which service figures and program evaluations for the Department of Health, Education, and Welfare shall be based. (c) On or before January 1, 1972, and on or before each January 1 Reports to conthereafter for a period of five years, the Secretary shall submit to the s""*^^* O n g r e s s a report which shall— (1) compare results achieved during the preceding fiscal year with the objectives established for such year under the plan;

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