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 PUBLIC LAW 95-77—JULY 30, 1977

91 STAT. 317

Public Law 95-77 95th Congress An Act To extend certain oil and gas leases by a period suflScient to allow the drilling of an ultradeep well.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the Secretary of the Interior is authorized and directed to extend any lease issued pursuant to section 17 of the Act of February 20, 1920, as amended (30 U.S.C. 226), and which was committed to the cooperative or unit plan known as the Unit Agreement for the Development of the Pacific Creek Unit II Area covering certain leases owned by Rainbow Resources Group as of January 26, 1977, in the State of Wyoming, and which would otherwise terminate prior to July 23, 1981, until July 23, 1981, and so long thereafter as oil and gas is produced in paying quantities: Provided, however, That (a) the provisions of this Act shall not apply to any lease which has been assigned in whole or in part between the twenty-sixth day of January 1977, and the effective date of this Act; (b) any such lease which is assigned in whole or in part prior to the twenty-third day of July 1981 shall automatically terminate by operation of law and no longer be of any force or effect unless any such lease is assigned to one or more members of the Rainbow Resources Group or, alternatively, to the heirs or devisees in the case of the death of an individual owner; (c) all provisions restricting the assignment of leases as contained in paragraphs (a) and (b) shall cease as of July 23, 1981; (d) except as specifically modified herein as to such leases, all other provisions of the Act of February 20, 1920, as amended (41 Stat. 443, 30 U.S.C. 181, et seq.), shall be applicable as to such leases. SEC. 2. Notwithstanding any provision of any such lease, or provision of law or regulation to the contrary, from and after the twentythird day of July 1977, the annual rental provided for in the leases described in section 1 of this Act shall be the sum of $5 per acre for the period July 23, 1977, through July 22, 1978, and $2 per annum thereafter. SEC. 3. The Secretary of the Interior is authorized and directed to specify terms and conditions for the diligent and prudent exploration and development of such leases, or the unit to which such leases have been committed, including requirements for the commencement of drilling operations, which such conditions shall be deemed a part of the lease agreement for each such lease. SEC. 4. If the Secretary of the Interior makes a determination that any of the terms and conditions imposed by him under the authority of section 3 of this Act for the prudent and diligent development of any such lease, or of a unit to which any such lease has been committed, have been violated, he shall give written notice of such violation to such lessee, or to the unit operator designated by such lessee, setting forth the nature of such violation and affording the lessee or designated unit operator a reasonable time in which to correct such violation. If such violation has not been corrected within the time stated in such notice, such lease shall immediately terminate and be of no further force or effect.

July BO, 1977 [H.R. 2502]

Pacific Creek Unit II Area, Wyo. Oil and gas leases extension.

Restriction.

Annual rental.

Terms and conditions.

Violation, notice.

Termination.

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 91 STAT. 318

Extensions, notice.

Reinstatement.

PUBLIC LAW 95-77—JULY 30, 1977 SEC. 5. Notwithstanding any provision of law to the contrary, if any lands covered by a lease described in section 1 of this Act have been, or hereafter are, committed to an approved cooperative or unit plan of development and any part, or all of sucrh lands, are thereafter segregated or eliminated from such approved or prescribed plan, such lease shall terminate as to those lands so segregated or eliminated from such approved or prescribed plan. SEC. 6. No lease subject to this Act shall be deemed to have been extended unless within thirty days after receiving written, notice from the Secretary of the Interior of the terms and conditions to be imposed by him on such lease or leases pursuant to section 3 of this Act the record owner of such lease has agreed in writing to such conditions. SEC. 7. If any lease described in section 1 of this Act has terminated by virtue of the provisions of the Act of February 25, 1920, as amended (41 Stat, 443; 30 U.S.C. 181, et seq.), prior to the date of the approval of this Act, the Secretary of the Interior is authorized and directed to reinstate such lease: Provided, however, That all of the provisions of this Act shall be fully applicable to such reinstated lease. Approved July 30, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-374 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 95-330 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 123 (1977): June 6, considered and passed House. July 14, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 32: Aug. 1, Presidential statement.

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Page:United States Statutes at Large Volume 91.djvu/353

 PUBLIC LAW 95-78—JULY 30, 1977

91 STAT. 319

Public Law 95-78 95th Congress An Act To approve with modifications certain proposed amendments to the Federal Rules of Criminal Procedure, to disapprove other such proposed amendments, and for other related purposes.

Be it enacted 'by the Senate and House of Representatives of the United States of America in Congress assembled, That notwithstanding the first section of the Act entitled " A n Act to delay the effective date of certain proposed amendments to the Federal Rules of Criminal Procedure and certain other rules promulgated by the United States Supreme Court" (Public Law 94-349, approved July 8, 1976) the amendments to rules 6 (e), 23, 24, 40.1, and 41(c)(2) of the Eules of Criminal Procedure for the United States district courts which are embraced by the order entered by the United States Supreme Court on April 26, 1976, shall take effect only as provided in this Act. SEC. 2. (a) The amendment proposed by the Supreme Court to subdivision (e) of rule 6 of such Rules of Criminal Prbcedure is approved in a modified form as follows: Such subdivision (e) is amended to read as follows: "(e)

SECRECY OF PROCEEDINGS AND DISCLOSURE.—

" (1) GENERAL RULE.—A grand juror, an interpreter, a stenographer, an operator of a recording device, a typist who transcribes recorded testimony, an attorney for the Government, or any person to whom disclosure is made under paragraph (2)(A) (ii) of this subdivision shall not disclose matters occurring before the g r and jury, except as otherwise provided for in these rules. No obligation of secrecy may be imposed on any person except in accordance with this rule. A knowing violation of rule 6 may be punished as a contempt of court. "(2)

'\

EXCEPTIONS.—

" (A) Disclosure otherwise prohibited by this rule of matters occurring before the g r and jury, other than its deliberations and the vote of any g r and juror, may be made to— " (i) an attorney for the government for use in the performance of such attorney's d u t y; and " ( i i) such government personnel as are deemed necessary by an attorney for the government to assist an attorney for the government in the performance of such attorney's d u t y to enforce Federal criminal law. " (B) Any person to whom matters are disclosed under subparagraph (A) (ii) of this paragraph shall not utilize that g r and j u r y material for any purpose other than assisting the attorney for the government in the performance of such attorney's duty to enforce Federal criminal law. A n attorney for the government shall promptly provide the district court, before which was impaneled the g r and j u r y whose material has been so disclosed, with the names of the persons to whom such disclosure has been made. " (C) Disclosure otherwise prohibited by this rule of matters occurring before the g r and j u r y may also be made—

29-19'4 0

July 30, 1977 [H.R. 5864]

Federal Rules of Criminal Procedure, proposed amendments. 18 USC 3771 note. 28 USC 2071 note. 18 USC app. 18 USC app.

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 91 STAT. 3 2 0

" 18 USC app..

.

PUBLIC LAW 95-78—JULY 30, 1977 " (i) when so directed by a court preliminarily to or in connection with a judicial proceeding; or " ( i i) when permitted by a court at the request of the defendant, upon a showing that grounds may exist for a motion to dismiss the indictment because of matters occurring before the g r and jury. " (3) SEALED INDICTMENTS.—The Federal magistrate to whom an indictment is returned may direct that the indictment be kept secret until the defendant is in custody or has been released pending trial. Thereupon the clerk shall seal the indictment and no person shall disclose the return of the indictment except when necessary for the issuance and execution of a w a r r a n t or summons.". (b) The amendments proposed by the Supreme Court to subdivisions (b) and (c) of rule 23 of such Rules of Criminal Procedure are approved. (c) The amendment proposed by the Supreme Court to rule 24 of such Rules of Criminal Procedure is disapproved and shall not take effect. (d) The amendment proposed by the Supreme Court to such Rules of Criminal Procedure, a d d i n g a new rule designated as rule 40.1, is disapproved and shall not take effect. (e) The amendment proposed by the Supreme Court to subdivision (c) of rule 41 of such Rules of Criminal Procedure is approved in a modified form as follows: Such subdivision (c) of the Federal Rules of Criminal Procedure is amended— (1) by striking out "(c)

ISSUANCE AND C O N T E N T S. — A w a r r a n t s h a l l " and inserting in

lieu thereof the following: "(c)

ISSUANCE AND C O N T E N T S. — " (1) W A R R A N T UPON AFFIDAVIT.—A

warrant

warrant upon oral testimony under paragraph subdivision shall"; and (2) by adding at the end the following: "(2)

i;

o;; i '•<•.;•:

j: r ?

other

than

a

(2) of this

WARRANT UPON ORAL TESTIMONY.— " (A) GENERAL RULE.—If the circumstances make it rea-

sonable to dispense with a written affidavit, a Federal magistrate may issue a w a r r a n t based upon sworn oral testimony communicated by telephone or other a p p r o p r i a t e means. " (B) APPLICATION.—The person who is requesting the w a r r a n t shall prepare a document to be known as a duplicate original w a r r a n t and shall read such duplicate original warrant, verbatim, to the Federal magistrate. The Federal magistrate shall enter, verbatim, what is so read to such magistrate on a document to be known as the original warrant. The Federal magistrate may direct that the w a r r a n t be modified. " (C) ISSUANCE.—If the Federal magistrate is satisfied that the circumstances are such as to make it reasonable to dispense with a written affidavit and that grounds for the application exist or that there is probable cause to believe that they exist, the Federal magistrate shall order the issuance of a w a r r a n t by directing the person requesting the w a r r a n t to sign the Federal magistrate's name on the duplicate original warrant. The Federal magistrate shall immediately sign the original w a r r a n t and enter on the face of the original w a r r a n t the exact time when the w a r r a n t was ordered to be issued. The

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 9 1 STAT. 321

PUBLIC LAW 95-78—JULY 30, 1977 finding of probable cause for a w a r r a n t upon oral testimony may be based on the same kind of evidence as is sufficient for a w a r r a n t upon affidavit. "(D)

RECORDING AND CERTIFICATION OF TESTIMONY.—Wben

a caller informs the Federal magistrate that the purpose of the call is to request a warrant, the Federal magistrate shall immediately place under oath each person whose testimony forms a basis of the application and each person applying for that warrant. I f a voice recording device is available, the Federal magistrate shall record by means of such device all of the call after the caller informs the Federal magistrate that the purpose of the call is to request a warrant. Otherwise a stenographic or longhand verbatim record shall be made. I f a voice recording device is used or a stenographic record made, the Federal magistrate shall have the record t r a n scribed, shall certify the accuracy of the transcription, and shall file a copy of the original record and the transcription with the court. If a longhand verbatim record is made, the Federal magistrate shall file a signed copy with the court. " (E) CONTENTS.—The contents of a w a r r a n t upon oral testimony shall be the same as the contents of a w a r r a n t upon affidavit. "(F)

ADDITIONAL RULE FOR EXECUTION.—The person

who

executes the w a r r a n t shall enter the exact time of execution on the face of the duplicate original warrant. "(G)

MOTION TO SUPPRESS PRECLUDED,—Absent a finding of

bad faith, evidence obtained pursuant to a w a r r a n t issued under this paragraph is not subject to a motion to suppress on the ground that the circumstances were not such as to make it reasonable to dispense with a written affidavit.". SEC. 3. Section 1446 of title 28 of the United States Code is amended as follows: (a) Subsection (c) is amended to read as follows: " (c)(1) A petition for removal of a criminal prosecution shall be Removal petition, filed not later than t h i r t y days after the arraignment in the State court, or at any time before trial, whichever is earlier, except that for good cause shown the United States district court may enter an order g r a n t i n g the petitioner leave to file the petition at a later time. " (2) A petition for removal of a criminal prosecution shall include all grounds for such removal. A failure to state grounds which exist at the time of the filing of the petition shall constitute a waiver of such grounds, and a second petition may be filed only on grounds not existing at the time of the original petition. For good cause shown, the United States district court may g r a n t relief from the limitations of this paragraph. " (3) The filing of a petition for removal of a criminal prosecution shall not prevent the State court in which such prosecution is pending from proceeding further, except that a judgment of conviction shall not be entered unless the petition is first denied. " (4) The United States district court to which such petition is directed shall examine the petition promptly. I f it clearly appears on the face of the petition and any exhibits annexed thereto that the petition for removal should not be granted, the court shall make an order for its summary dismissal. " (5) If the United States district court does not order the summary Hearing. dismissal of such petition, it shall order an evidentiary hearing to be held promptly and after such hearing shall make such disposition of

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 91 STAT. 322

Effective dates. 18 USC 3771 note.

PUBLIC LAW 95-78—JULY 30, 1977 the petition as justice shall require. If the United States district court determines that such petition shall be granted, it shall so notify the State court in which prosecution is pending, which shall proceed no further.". (b) Subsection (e) is amended by striking out "such petition" and inserting "such petition for the removal of a civil action" in lieu thereof. SEC. 4. (a) The first section of this Act shall take effect on the date of the enactment of this Act. (b) Sections 2 and 3 of this Act shall take effect October 1, 1977. Approved July 30, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-195 (Comm. on the Judiciary). SENATE REPORT No. 95-354 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol..123 (1977): Apr. 19, considered and passed House. July 25, considered and passed Senate, amended. July 27, House concurred in Senate amendment.

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 PUBLIC LAW 95-79—JULY 30, 1977

91 STAT. 323

Public Law 95-79 95th Congress An Act To authorize appropriations during the fiscal year 1978, for procurement of aircraft, missiles, naval vessels, tracked combat vehicles, torpedoes, and other weapons, and research, development, test, and evaluation for the Armed Forces, and to prescribe the authorized personnel strength for each active duty component and of the Selected Reserve of each Reserve component of the Armed I'orces and of civilian personnel of the Department of Defense, to authorize the military training student loads, and to authorize appropriations for civil defense, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I—PROCUREMENT SEC. 101. Funds are hereby authorized to be appropriated during the fiscal year 1978 for the use of the Armed Forces of the United States for procurement of aircraft, missiles, naval vessels, tracked combat vehicles, torpedoes, and other weapons, as authorized by law, in amounts as follows: AIRCRAFT

For aircraft: for the Army, $682,600,000; for the Navy and the Marine Corps, $3,499,800,000; for the Air Force," $7,918,500,000, of which $3,000,000 may be obligated and expended only for converting an existing A-7D aircraft to a two-seat trainer version of such aircraft. MISSILES

For missiles: for the Army, $562,700,000; for the Navy, $1,865,500,000; for the Marine Corps, $110,600,000; for the Air Force, $1,826,700,000. NAVAL VESSELS

For naval vessels: for the Navy, $6,191,200,000. TRACKED COMBAT VEHICLES

For tracked combat vehicles: for the Army, $1,441,300,000; for the Marine Corps, $74,800,000. TORPEDOES

For torpedoes and related support equipment: for the Navy, $326,700,000. OTHER WEAPONS

For other purposes: for the Army, $96,000,000; for the Navy, $114,600,000; for the Marine Corps, $2,400,000.

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION SEC. 201. Funds are hereby authorized to be appropriated during the fiscal year 1978 for the use of the Armed Forces of the United States for research, development, test, and evaluation, as authorized by law, in amounts as follows: For the Army, $2,441,782,000;

July 30, 1977 [H.R. 5970]

Department of Defense Appropriation Authorization Act, 1978.

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Page:United States Statutes at Large Volume 91.djvu/358

 91 STAT. 324

PUBLIC LAW 95-79—JULY 30, 1977

For the Navy (including the Marine Corps), $3,844,518,000; of which $20,141,000 shall be available only for research and development of an extremely low frequency (ELF) system, and none of which shall be available for full-scale development or construction of a new test bed for such system; and of which no more than $40,000,000 shall be used for research and development relating to the CVV, VSS, and DD-963(H) ship development programs; but none of the funds authorized by this title may be obligated or expended for the CVV, VSS or DD-963 (H) program except for the purpose of conducting comprehensive evaluation studies of the costs and combat effectiveness of sea based aircraft platforms for both the short and long term needs of the Navy. Such studies shall include, but not be limited to, nuclear aircraft carriers, new design medium aircraft carriers (CVV), the refitting of existing aircraft carriers (Midway and other classes), and various types of VSTOL aviation ships (including VSS). The Secretary of the Navy shall take such actions as are required to insure that such studies are sufficientlv advanced with respect to a Nimitz class aircraft carrier, a CVV, a VSTOL aviation ship, and a DD-963 (H) so that any of such ships may be authorized in fiscal year 1979. This section shall not be construed as constituting an authorization for a CVN, a CVV, or a VSS ship. For the Air Force, $3,824,170,000, of which $15,700,000 may be obligated and expended only for the North Atlantic Treaty Organization Airborne Warning and Control System (AWACS) program, but such $15,700,000 may not be obligated or expended until at least one member country of the North Atlantic Treaty Organization (other than the United States) enters into a contract to purchase the AWACS aircraft. For the defense agencies, $777,210,000, of which $25,000,000 is authorized for the activities of the Director of Test and Evaluation, Defense; For the Director of Defense Research and Engineering, $401,051,000. SEC. 202. (a) The funds authorized to be appropriated under section 201 for the Director of Defense Research and Engineering during fiscal year 1978 shall be obligated only for the following purposes: (1) An amount not to exceed $349,000,000 for the development of a cruise missile capable of being launched from a ship or from a submarine, with emphasis to be placed on early deployment of an antiship cruise missile, for the continued development of the Air Force AGM-86 air-launched cruise missile, and for the development of a ground-launched cruise missile. Plan, submittal to (2) An amount not to exceed $52,051,000 for 5-inch and 155congressional millimeter guided projectiles, but no funds for such purpose shall committees. ^^ obligated until the Secretary of Defense submits a plan to the Committees on Armed Services of the Senate and House of Representatives providing (A) for the immediate conduct of engineering development of the 155-millimeter guided projectile and of the current Navy 5-inch guided projectile which shall provide for maximum implementation of common components for such projectiles and an initial operational capability for both such projectiles before January 1, 1980, and (B) for the immediate conduct of an effort by the Army and the Navy, to be performed by personnel of the Department of Defense, to validate the technical data packages for such projectiles to insure that such pack-

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 PUBLIC LAW 95-79—JULY 30, 1977 ages are adequate for manufacture of such projectiles by a source other than the developer. (b) Competitive cruise missile development programs shall continue until the Secretary of Defense certifies to the Committees on Armed Services of the Senate and House of Representatives that (1) a single airframe for the cruise missile can be selected which meets all operational requirements, and (2) cost data clearly establish that termination of the competitive cruise missile development programs will result in lower development and procurement costs for the cruise missile. SKC. 208. Of the funds authorized to be appropriated under section 201 for the Navy (including the Marine Corps) for research, development, test, and evaluation, an amount not to exceed $3,894,000 shall be available only for (1) defining a set of design specifications for the Shipboard Intermediate Range Combat System (SIRCS) program, and (2) conducting an open competition, to be conducted after such design specifications have been defined and to be based on such specifications, to select a contractor or contractors for the advanced development phase of such program. In developing such design specifications, the Secretary of the Navy shall include the best features of the designs developed by the three contractors which have been selected for the program before the date of enactment of this Act and such other features as the Secretary considers appropriate. A contract entered into under the competition required by this section may be for development of the entire system or for development of any independent subsystem of the system. SEC. 204. No funds authorized to be appropriated under section 201 shall be obligated for the fabrication of hardware required to accommodate a specific 120-millimeter gun in the XM-1 tank turret or for the installation of a 120-millimeter gun in an XM-1 tank full-scale engineering-development vehicle unless and until— (1) comparative testing of the 105-millimeter gun system with the candidate 120-millimeter gun systems of the United Kingdom and the Federal Republic of Germany is completed, if the gun systems of such countries are available for testing as currently scheduled; (2) the test results of such comparative testing are evaluated by the Secretary of the Army; (3) the Secretary of the Army makes a recommendation to the Congress, which shall be submitted no later than February 1, 1978, consistent with such test results and evaluations for development and procurement of a specific 120-millimeter XM-1 tank main gun; and (4) thirty days, excluding periods of recess of more than three days by either House of Congress, elapse from the date on which the Secretary of the Army submits a recommendation under paragraph (3). SEC. 205. The Secretary of the Army shall submit to the Committees on Armed Services of the Senate and House of Representatives, no later than February 1, 1978, a plan for the funding and scheduling necessary to incorporate by October 1, 1980, collective system protection against chemical and radiological agents for all main battle tanks, mechanized infantry combat vehicles, armored personnel carriers, armored self-propelled artillery vehicles, armored self-propelled air defense artillery vehicles, and other such types of equipment associated with the above in combat operations which will be in development or procurement in fiscal year 1981.

91 STAT. 325 j;

Design specifications,

-*

Recommendation, submittal to Congress.

Plan, submittal to Congress,

-

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 Rh I have before referred to the small and compact district of the Potteries, situated in the middle of North Staffordshire. Now the potters, down to a comparatively recent date, used to engage themselves by the year, like the farmservants, but they entered into their agreements in November; and November is still the settling time, when rates of wages are revised and questions between employer and employed are determined. If Professor Rhys's theory be correct, the occurrence of a sort of oasis of November reckoning in a particular trade in the middle of a general Christmas reckoning is very interesting, as indicating a possible Celtic origin for the local trade. And the potting industry, in a rude and humble form, appears to have existed on the spot from so remote a period that the date of its beginning can only be guessed at, The name of the old Staffordshire many-handled loving-cup, the tyg, has been derived from the Latin tegula, a tile; and the character of the potters certainly accords with a possible Celtic ancestry. They are volatile, impulsive, excitable, endowed with considerable artistic skill and musical talent, qualities certainly not possessed in the same measure by Staffordshire people in general.

Variations of festival custom are also met with. In South Staffordshire, Midlent or Mothering Sunday is a great day, when absent children revisit their parents' home and are feasted on hot roast veal; while in the north of the county the festival passes unnoticed.

In the north (and also in Cheshire and North Shropshire), the festival of All Souls, November 2nd, is celebrated by parties of lads and children going round to all the principal houses begging for apples—and formerly for cakes and ale—and droning out:


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 91 STAT. 326

PUBLIC LAW 95-79—JULY 30, 1977 SEC. 206. (a) The Secretary of the Army shall not obligate any funds authorized to be appropriated under this or any other Act for the improvement of the M-139 gun as an interim weapon system for use on the Mechanized Infantry Combat Vehicle (MICV). (b) The Secretary of the Army shall structure the development program for the Mechanized Infantry Combat Vehicle (MICV) to provide for initiation of production of such vehicle not later than May 31, 1981. TITLE III—ACTIVE FORCES

37 USC 203.

37 USC 1009. 37 USC 209.

Supra.

SEC. 301. For the fiscal year beginning October 1, 1977, and ending September 30, 1978, each component of the Armed Forces is authorized an end strength for active duty personnel as follows: (1) The Army, 787,000; (2) The Navy, 535,800; (3) The Marine Corps, 191,500; (4) The Air Force, 570,800. relating to general rules for assignment to pay grades, is amended— (A) by striking out subsection (c); and (B) by redesignating subsections (d), (e), (f), and (g) as subsections (c), (d), (e), and (f), respectively. (2) Section 203 of such title, relating to rates of basic pay for members of the uniformed services, is amended by adding at the end thereof the following new subsection: "(c)(1) A cadet at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy, or a midshipman at the United States Naval Academy, is entitled to monthly cadet pay, or midshipman pay, at the rate of $313.20. "(2) The rate of monthly cadet pay, or midshipman pay, under this subsection shall be adjusted in the manner and at the time the monthly basic pay of members of the uniformed services is adjusted under section 1009 of this title.". (3)(A) Section 209(c) of such title is amended to read as follows: "(c) Each cadet or midshipman in the Senior Reserve Officers' Training Corps, while he is attending field training or practice cruises under section 2109 of title 10, and each applicant for membership in the Senior Reserve Officers' Training Corps, while he is attending field training or practice cruises to satisfy the requirements of section 2104(b)(6)(B) of title 10 for admission to advanced training, is entitled, while so attending, to pay at the rate prescribed for cadets and midshipmen at the United States Military, Naval, and Air Force Academies under section 203(c) of this title.". (B) The heading of such section 209 is amended to read as follows: "§209. Members of precommissioning programs*'. (C) The item relating to section 209 in the analysis of chapter 3 of such title is amended to read as follows: "209. Members of precommissioning programs.".
 * SEC. 302. (a)(1) Section 201 of title 37, United States Code,

(4) Section 555 of title 10, United States Code, is amended by striking out "section 201(d)" and inserting in lieu thereof "section 201(c)". 37 USC 203 note. (b) Any cadet or midshipman who, on the date of enactment of this Act, or on any date thereafter, is— (1) admitted to the United States Military Academy, the United States Naval Academy, the United States Air Force

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 PUBLIC LAW 95-79—JULY 30, 1977

91 STAT. 327

Academy, or the Coast Guard Academy, as the case may be, or (2) enrolled in the Senior Eeserve Officers" Training Corps program and attending a field training encampment or practice cruise for which he is entitled to pay under section 209(c) of title 37, United States Code, shall, if otherwise entitled, receive the rate of pay prescribed by section 201(c) of title 37, United States Code, as in effect on the day before the date of enactment of this Act, until the rate of pay authorized by section 203(c) of such title, as added by the amendments made Ante., p. 326. by subsection (a) of this section, is equal to or greater than the rate prescribed by section 201(c) of such title, as in effect on the day before the date of enactment of this Act. Thereafter, the rate of pay of such person shall be as prescribed by section 203(c) of such title, as added by the amendments made by subsection (a) of this section, or section 209(c) of such title, as amended by subsection (a) of this sec- Ante, p. 326. tion, as appropriate. (c) A person who, on the date of enactment of this Act, is an applicant for membership in the Senior Reserve Officers' Training Corps and who, in order to satisfy the requirement of section 2104(b)(6)(B) of title 10, United States Code, is attending or will attend one of the field training encampments or practice cruises in a field training or practice cruise period which is in progress on the date of enactment of this Act, is entitled to continue to receive pay at the rate prescribed by such section as in effect on the day before the date of enactment of this Act while such person is attending such field training or practice cruise period in progress on the date of enactment of this Act. Thereafter, the entitlement of such person shall be as prescribed in subsection (b) of this section. SEC. 303. For the purpose of promoting equality and expanding job Definition and opportunities for the female members of the Armed Forces, the Secre- recommendatary of Defense shall within six months from the enactment of this tions, submittal to section, submit to the Congress a definition of the term "combat", Congress. together with recommendations on expanding job classifications to which female members of the armed services may be assigned, and recommendations on any changes in law necessary to implement these recommendations. TITLE IV—RESERVE FORCES SEC. 401. (a) For the fiscal year beginning October 1, 1977, and ending September 30, 1978, the Selected Reserve of each Reserve component of the Armed Forces shall be programed to attain an average strength of not less than the following: (1) The Army National Guard of the United States, 382,000; (2) The Army Reserve, 211,300; (3) The Naval Reserve, 87,000; (4) The Marine Corps Reserve, 32,400; (5) The Air National Guard of the United States, 92,500; (6) The Air Force Reserve, 52,000; (7) The Coast Guard Reserve, 11,70€. (b) The average strength prescribed by subsection (a) of this section for the Selected Reserve of any Reserve component shall be proportionately reduced by (1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at any time during the fiscal year; and (2) the total number of individual members not

Reduction.

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 91 STAT. 328

PUBLIC LAW 95-79—JULY 30, 1977 in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at any time during the fiscal year. Whenever such units or such individual members are released from active duty during any fiscal year, the average strength prescribed for such fiscal year for the Selected Reserve of such Reserve component shall be proportionately increased by the total authorized strength of such units and by the total number of such individual members. SEC. 402. (a) Part III of subtitle A of title 10, United States Code, relating to training, is amended by adding after chapter 105 the following new chapter: "Chapter 106.—EDUCATIONAL ASSISTANCE FOR ENLISTED MEMBERS OF THE SELECTED RESERVE OF THE READY RESERVE "Sec. "2131. Educational assistance program: establishment; amount. "2132. Eligibility for educational assistance. "2133. Termination of assistance; refund by member. "2134. Reports to Congress. "2135. Termination of program. v \

10 USC 2131.

"Accredited institution."

"§2131. Educational assistance program: establishment; amount "(a) To encourage enlistments in units of the Selected Reserve of the Ready Reserve, the Secreary of each military department, under regulations prescribed by the Secretary of Defense, and the Secretary of Transportation, under regulations prescribed by him with respect to the Coast Guard when it is not operating as a service in the Navy, may establish and maintain a program to provide educational assistance to enlisted members of the Selected Reserve of the Ready Reserve of the armed force under his jurisdiction. "(b)(1) An educational assistance program established under subsection (a) shall provide for payment by the Secretary concerned of 50 percent of the educational expenses incurred by a member for instruction at an accredited institution. Expenses for which payment may be made under this section include tuition, fees, books, laboratory fees, and shop fees for consumable materials used as part of classroom or shop instruction. Payments under this section shall be limited to those educational expenses normally incurred by students at the institution involved. "(2) To receive assistance under this section, a member nmst be eligible for such assistance under section 2132 and must submit an application for such assistance in such form and manner as the Secretary concerned shall prescribe and be approved for such assistance by the Secretary concerned. "(c) Educational assistance may be provided to a member under this section until the member completes a course of instruction required for the award of a baccalaureate degree, or the equivalent evidence of completion of study, by an accredited institution, but the amount of educational assistance provided a member under this section may not exceed $500 in any twelve-month period, nor a total of $2,000. "(d) For purposes of this section, the term 'accredited institution' means a civilian college, university, or trade, technical, or vocational school in the United States (including the District of Columbia, Puerto Rico, Guam, and the Virgin Islands) that provides education at the

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91 STAT. 329

postsecondary level and that is accredited by a nationally recognized accrediting agency or association or by an accrediting agency or association recognized by the Commissioner of Education, Department of Health, Education, and Welfare. "§2132. Eligibility for educational assistance 10 USC 2132. "(a) To be eligible for educational assistance under section 2131, a member must not be serving on active duty for more than thirty days and must— ??< "(1) be an enlisted member of the Selected Reserve of the Ready Reserve of an armed force; "(2) have initially enlisted as a Reserve for service in a unit of the Selected Reserve of a reserve component after September 30, 1977; " (3) never have served in an armed force before such enlistment; " (4) at the time of such enlistment have executed an agreement Agreement, as prescribed by subsection (b); " (5) be a graduate from secondary school; "(6) have completed the initial period of active duty for training required of such member; "(7) if the member is assigned to a unit, be participating satisfactorily in training with such unit; and " (8) have served less than eight years as a Reserve. "(b)(1) An agreement referred to in subsection (a)(4) shall be in writing and shall provide that if the member accepts educational assistance under section 2131, the period of enlistment of such member shall be automatically extended by two years and if the member is discharged for the purpose of accepting an appointment as an oiScer, the member shall remain a member of the Ready Reserve until the eighth anniversary of such enlistment. ,, "(2) A member who enlists after September 30, 1977, but before regulations to carry out this chapter are promulgated shall be eligible for educational assistance under section 2131 if he is otherwise eligible for such assistance under subsection (a) and if he executes an agreement as described in paragraph (1) not later than one year after the date on which regulations to carry out this chapter are first promulgated. "(c) Educational assistance being provided a member under section 2131 may be continued to a member who otherwise continues to qualify for such assistance if such member— " (1) is discharged in order to accept an immediate appointment as an oiScer in the Ready Reserve; or "(2) is no longer a member of the Selected Reserve, if such member is a member of the Ready Reserve and has served at least six years in the Selected Reserve of the Ready Reserve. "§2133. Termination of assistance; refund by member 10 USC 2133. "(a) Educational assistance being provided a member under section 2131 shall be terminated if— "(1) the member fails to participate satisfactorily in training with his unit, if he is a member of a unit; "(2) the member is separated from his armed force, unless he is separated in order to accept an immediate appointment as an officer in the Ready Reserve; " (3) the member completes eight years of service; or " (4) the member receives financial assistance under section 2107 as a member of the Senior Reserve Officers' Training Corps.

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 91 STAT. 330

10 USC 2134.

10 USC 2135.

PUBLIC LAW 95-79—JULY 30, 1977 "(b) A member who fails to participate satisfactorily in training with his unit, if he is a member of a unit, shall refund the amount of all educational assistance received by such member under section 2131 unless the failure to participate in training was due to reasons beyond the control of the member. Any refund made by a member under this subsection shall not affect the period of obligation of such member to serve as a Reserve. "§2134. Reports to Congress "The Secretary of Defense shall submit a report to the Congress every three months stating the number of members of the Selected Reserve of the Ready Reserve receiving educational assistance under this chapter at the time of such report and listing each unit of the Selected Reserve of the Ready Reserve to which any such member is assigned at the time of such report. The first such report shall be submitted not later than December 31, 1977. «§ 2135. Termination of program "No educational assistance may be provided under this chapter to any person enlisting as a Reserve after September 30, 1978.". (b) The tables of chapters at the beginning of subtitle A of title 10, United States Code, and at the beginning of part III of such subtitle are amended by inserting after the item relating to chapter 105 the following new item: "106. Educational Assistance for Enlisted Members of the Selected Reserve of the Ready Reserve 2131".

37 USC 308b.

,,

SEC. 403. (a)(1) Chapter 5 of title 37, United States Code, is amended by inserting after section 308a of such chapter the following new section: "§ 308b. Special pay: reenlistment bonus for members of the Selected Reserve " (a) An enlisted member of a reserve component who— "(1) initially enlisted in a reserve component (other than an enlistment in a reserve component under the delayed enlistment program for the active forces); " (2) has completed less than ten years of service as a member of a reserve component; and " (3) reenlists or voluntarily extends his enlistment for a period of three years or for a period of six years in a designated military skill, or in a designated unit, in the Selected Reserve of the Ready Reserve of an armed force; may be paid a bonus as provided in subsection (b). "(b) The bonus to be paid under subsection (a) shall be— "(1) an initial payment of— "(A) $450, in the case of a member who reenlists or voluntarily extends his enlistment for a period of three years; I or " (B) $900, in the case of a member who reenlists or volH = untarily extends his enlistment for a period of six years; and "(2) a subsequent payment of $150 upon the completion of each year of the period of such reenlistment or extension of enlistment during which such member has satisfactorily participated in training with his unit.

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 PUBLIC LAW 95-79—JULY 30, 1977 "(c) No member shall be paid more than one bonus under this section. "(d) A member who fails to participate satisfactorily in training with his unit during a term of enlistment for which a bonus is being paid to him under this section shall refund an amount equal to the amount by which the amount of such bonus exceeds the product of— "(1) the number of months during that term of enlistment during which such member participated satisfactorily in training with his unit; and "(2) $25. "(e) The Secretary of Defense shall submit a report to the Congress every three months listing the units of the Selected Eeserve of the Ready Reserve which have been designated by him for purposes of subsection (a)(3) and stating the number of members of the Selected Reserve of the Ready Reserve who at the time of such report are serving a term of enlistment for which a bonus is being paid under this section. The first such report shall be submitted not later than December 31, 1977. "(f) This section shall be administered under regulations prescribed by the Secretary of Defense for the armed forces under his jurisdiction and by the Secretary of Transportation for the Coast Guard when it is not operating as a service in the Navy. "(g) No bonus may be paid under this section to any enlisted member who, after September 30, 1978, reenlists or voluntarily extends his enlistment in a reserve component.". (2) The analysis of chapter 5 of title 37, United States Code, is amended by inserting after the item relating to section 308a the following new item: "308b. Special pay: reenlistment bonus for members of the Selected Reserve.", (b) The amendments made by subsection (a) shall apply with respect to any reenlistment, or voluntary extension of an enlistment, in the Selected Reserve of any reserve component of the Armed Forces after September 30, 1977.

91 STAT. 331

Report to Congress.

Regulations,

Effective date.

37 USC 308b note.

TITLE V—CIVILIAN PERSONNEL SEC. 501. (a) For the fiscal year beginning October 1, 1977, and ending September 30, 1978, the Department of Defense is authorized an end strength for civilian personnel of 1,018,600. (b) The end strength for civilian personnel prescribed in subsection (a) of this section shall be apportioned among the Department of the Army, the Department of the Navy, including the Marine Corps, the Department of the Air Force, and the agencies of the Department of Defense (other than the military departments) in such numbers as the Secretary of Defense shall prescribe. The Secretary of Defense shall report to the Congress within 60 days after the date of enactment of this Act on the manner in which the initial allocation of civilian personnel is made among the military departments and the agencies of the Department of Defense (other than the military departments) and shall include the rationale of each allocation. (c) In computing the authorized end strength for civilian personnel there shall be included all direct-hire and indirect-hire civilian personnel employed to perform military functions administered by the

Report to Congress.

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 91 STAT. 332

Personnel increase, limitation.

Notification to Congress.

PUBLIC LAW 95-79—JULY 30, 1977 Department of Defense (other than those performed by the National Security Agency) whether employed on a full-time, part-time, or intermittent basis, but excluding special employment categories for students and disadvantaged youth such as the stay-in-school campaign, the temporary summer aid program and the Federal junior fellowship program and personnel participating in the worker-trainee opportunity program. Whenever a function, power, duty, or activity is transferred or assigned to a department or agency of the Department of Defense from a department or agency outside of the Department of Defense, or from another department or agency within the Department of Defense, the civilian personnel end strength authorized for such departments or agencies of the Department of Defense affected shall be adjusted to reflect any increases or decreases in civilian personnel required as a result of such transfer or assignment. (d) When the Secretary of Defense determines that such action is necessary in the national interest, he may authorize the employment of civilian personnel in excess of the number authorized by subsection (a) of this section but such additional number may not exceed 11/4 percent of the total number of civilian personnel authorized for the Department of Defense by subsection (a) of this section. The Secretary of Defense shall promptly notify the Congress of an authorization to increase civilian personnel strength under the authority of this subsection. TITLE VI—MILITARY TRAINING STUDENT LOADS SEC. 601. (a) For the fiscal year beginning October 1, 1977, and ending September 30, 1978, each component of the Armed Forces is authorized an average military training student load as follows: (1) The Army, 77.711; • (2) The Navv, 60,767; (3) The Marine Corps, 24,020; ' = (4) The Air Force, 50,356: (5) The Armv National Guard of the United States, 16,606; (6) The Armv Reserve, 11,136 J (7) The Naval Reserve, 1,065; (8) The Marine Corps Reserve, 3,449; (9) The Air National Guard of the United States, 2,598; (10) The Air Force Reserve, 1,186. (b) The average military training student loads for the Army, the Navy, the Marine Corps, and the Air Force and the Reserve components authorized in subsection (a) of this section for the fiscal year ending September 30, 1978, shall be adjusted consistent with the manpower strengths authorized in titles III, IV, and V of this Act. Such adjustment shall be apportioned among the Army, the Navy, the Marine Corps, and the Air Force and the Reserve components in such manner as the Secretary of Defense shall prescribe. SEC. 602. Section 2102 of title 10, United States Code, is amended by adding at the end thereof a new subsection as follows: "(d) The President shall cause to be established and maintained in each State at least one unit of the program if— "(1) a unit is requested by an educational institution in the State;

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Page:Folk-lore - A Quarterly Review. Volume 7, 1896.djvu/404

 374 "He speaks puling, like a beggar at Hallowmas," says Shakspeare (Two Gent.), from which we should infer that in his time this was also a Warwickshire custom. But in some districts of South Staffordshire the eve of St. Clement's Day (November 23rd) is the date for this observance.

Are we to refer these differences also to racial causes? I doubt it. Mr. G. T. Lawley quotes extracts from diocesan and parochial registers showing that Mothering Sunday was observed down to the end of the seventeenth century by parochial processions to the mother-church of the diocese; and I am inclined to think that nearness to, or distance from, the cathedral church of Lichfield determined the observance or non-observance of the day. As to Clementing versus Souling, I believe we shall eventually find that the area of dementing coincides with the ancient area of the South Staffordshire iron trade, St. Clement being the blacksmiths' patron. His day was at any rate honoured in the county in very early times. In the Clog Almanacks preserved in the William Salt Library at Stafford, it is marked with a pot, evidently in allusion to the cakes and ale of the season. At Walsall, one of the principal towns in the Black Country, the municipal accounts were anciently made up on St. Clement's Day; and down to the year 1860 apples and nuts were provided on that day by the corporation, to be scrambled for by the population from the windows of the Town Hall. As much as "ten pots" of apples (that is, more than eight hundredweight) was consumed in this way. This is not, I believe, a solitary instance of the local use of St. Clement's Day as a settling day; and if an annual November settlement may be taken as an indication of race in the Potteries, why not, it may be asked, in the Black Country also? But I have not in this case met with any corroborative evidence, however slight; and if a November settlement, taken alone, is to


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91 STAT. 333

"(2) such request is approved by the Governor of the State in which the institution requesting the unit is located; and " (3) the Secretary of the military department concerned determines that there will be not less than 40 students enrolled in such unit and that the provisions of this section are otherwise satisfied.". TITLE VII—CIVIL D E F E N S E SEC. 701. Funds are hereby authorized to be appropriated during fiscal year 1978 to carry out the provisions of the Federal Civil Defense Act of 1950, for programs of the Defense Civil Preparedness Agency, in the amount of $95,250,000.

50 USC app. 2251 note.

TITLE VIII—GENERAL PROVISIONS SEC. 801. The President shall include in the budget for fiscal year 1979 a request for funds sufficient to meet the total operation and maintenance costs of the Department of Defense for such year, including reasonably foreseeable increases in both the private and public sector's in the cost of labor, material, and other goods and services. SEC. 802. None of the funds authorized to be appropriated by this Claims, payment. Act may be used to pay any claim over $5,000,000 against the United Report to States, unless such claim has been thoroughly examined and evaluated Congress. by officials of the Department of Defense responsible for determining such claims and a report is made to the Congress as to the validity of these claims. SEC. 803. (a) Section 651(a) of title 10, United States Code, is amended by striking out "male" and "after August 9, 1955," in the first sentence thereof. (b) The amendments made by subsection (a) shall take effect on Effective date. the first day of the seventh calendar month beginning after the month 10 USC 651 note. in which this Act is enacted and shall apply to any female person who becomes a member of an Armed Force on or after stich day. SEC. 804. (a) Section 105(a) of title 32, United States Code, is amended— (1) by striking out "The Secretary of the Army shall have an Regulations inspection made at least once a year" and inserting in lieu thereof "Under regulations prescribed by him, the Secretary of the Army may have an inspection made"; and (2) by striking out "and" at the end of clause (4), striking out the period at the end of clause (5) and inserting in lieu thereof "; and", and inserting after clause (5) the following new clause: " (6) the accounts and records of each property and fiscal officer are properly maintained.", (b) Section 708 of title 32, United States Code, is amended— (1) by striking out subsection (d); (2) by redesignating subsections (e), (f), and (g) as subsections (d), (e),and (f),respectively; and (3) by striking o u t " (e) " in subsection (e) (as so redesignated) and inserting in lieu thereof " (d) ". SEC. 805. Section 6485(b) of title 10, United States Code, is amended by striking out "and shall be physically examined" and all that follows in such section and inserting in lieu thereof a period.

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 9 1 STAT. 334

PUBLIC LAW 95-79—JULY 30, 1977

37 USC 209 note.

SEC. 806. The Act entitled " A n Act to provide subsistence allowances for members of the Marine Corps officer candidate programs", approved November 24, 1971 (85 Stat. 4 9 1; 37 U.S.C. 209 note), is amended by striking out " June 30, 1977" and inserting in lieu thereof "September 30, 1978". SEC. 807. (a) Notwithstanding any other provision of law, the authority provided in section 501 of Public Law 91-441 (84 Stat. 909) is hereby extended until October 1, 1979; but no transfer of aircraft or other equipment may be made under the authority of such section 501 unless funds have been previously appropriated for such transfer. (b) Section 501 of Public Law 91-441 (84 Stat. 909) is amended by adding at the end thereof a new sentence as follows: " I n any case in which aircraft or other equipment is transferred under authority of this section and such aircraft or equipment is taken from the inventory of the Armed Forces of the United States or is scheduled to be included in such inventory, the Secretary of Defense shall, as soon as practicable and as authorized by law, restock the inventory of the Armed Forces of the United States with equivalent quantities of aircraft and other equipment so transferred.". SEC. 808. (a)(1) The Secretary of Defense shall supply the Committees on Armed Services of the Senate and House of Representatives, not later than October 1 of each year, a full accounting of all experiments and studies conducted by the Department of Defense in the preceding twelve-month period, whether directly or under contract, which involve the use of human subjects for the testing of chemical or biological agents. (2) Not later than thirty days after final approval within the Department of Defense of plans for any experiment or study to be conducted by the Department of Defense, whether directly or under contract, involving the use of human subjects for the testing of chemical or biological agents, the Secretary of Defense shall supply the Committees on Armed Services of the Senate and House of Representatives with a full accounting of such plans for such experiment or study, and such experiment or study may then be conducted only after the expiration of the t h i r t y - d a y period beginning on the date such accounting is received by such committees. (b)(1) The Secretary of Defense may not conduct any test or experiment involving the use of any chemical or biological agent on civilian populations unless local civilian officials in the area in which the test or experiment is to be conducted are notified in advance of such test or experiment, and such test or experiment may then be conducted only after the expiration of the thirty-day period beginning on the date of such notification. (2) Paragraph (1) shall apply to tests and experiments conducted by Department of Defense personnel and tests and experiments conducted on behalf of the Department of Defense by contractors. SEC. 809. (a) The Secretary of Defense and the Director of the Office of Management and Budget shall jointly conduct a complete and comprehensive review of the criteria used in determining whether commercial or industrial type functions at Department of Defense installations located in any State, the District of Columbia, the Commonwealth of Puerto Rico, and Guam should be performed by Department of Defense personnel or by private contractors. The review shall include—

Israel, aircraft sales.

DOD experiments and studies, report and accounting to congressional committees. 50 USC 1520.

DOD commercial or industrial functions, performance review. 10 USC 2304 note.

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 PUBLIC LAW 95-79—JULY 30, 1977 (1) an evaluation of the basis for, and assumptions underlying, Department of Defense methods for conducting cost analyses with respect to decisions to contract for performance of commercial or industrial type functions; (2) an evaluation of the differences between private contractors and the Department of Defense in their procedures and policies relating to personnel compensation and other differences affecting their analysis of the cost of personnel; (3) identification of the defense mission essential functions identified by the Secretary of Defense as not suitable for performance by private contractors; and (4) an evaluation, to be made by the Director of the Office of Management and Budget, of all aspects of OMB Circular A-76 and of the implementation of such circular. (b) A detailed repoii describing the results of the review required by subsection (a) shall be submitted to the Committees on Armed Services of the Senate and House of Representatives before January 1, 1978. No commercial or industrial type function of the Department of Defense which on the date of enactment of this Act is being performed by Department of Defense personnel shall be converted to performance by private contractors before the earlier of March 15, 1978, or the end of the 90-day period beginning on the date the report required by this section is received by such committees. The prohibition in the preceding sentence shall not apply to the conversion to performance by private contractors of any commercial or industrial type function at any Department of Defense installation referred to in subsection (a) if such conversion would have been made under policies and regulations in effect before June 30, 1976. (c)(1) The Secretary of Defense shall, before January 1, 1978, submit a report to the Committees on Armed Services of the Senate and House of Representatives (A) detailing the rationale of the Department of Defense for the establishment of goals for the percentage of work at defense research installations to be performed by private contractors, and (B) detailing the rationale for any direction in effect on the date of enactment of this Act (i) establishing a minimum or maximum percentage for the allocation of work at any defense research installation to be performed by private contractors, or (ii) directing a change in any such allocation in effect on the date of enactment of this Act. (2) Until March 15, 1978, or the end of the 90-day period beginning on the date the report required by this subsection is received by such committees, whichever is earlier, the percentage of all research and exploratory development work to be performed at or by any Department of Defense research installation which is to be performed by private contractors may not exceed the percentage of such work that was performed by private contractors during the period beginning on July 1, 1975, and ending on September 30, 1976. SEC. 810. N"o funds authorized or appropriated under this or any other Act shall be expended to purchase advertising of any sort for the purpose of advertising the existence of the special discharge review program for certain individuals who served in the Armed Forces of the United States between August 4, 1964, and March 28, 1973, which was established by order of the Secretary of Defense on April 5, 1977. SEC. 811. (a)(1) The total number of commissioned officers on active duty in the Army, Marine Corps, and Air Force above the grade of

29-194 0

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91 STAT. 335

Report to congressional committees. Private performance conversion, temporary prohibition.

Report to congressional committees.

Special discharge review program, advertising prohibition. 50 USC app. 462 note. Commissioned officers on active duty and civilians, ceilings. 10 USC 131 note.

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 91 STAT. 336

Suspension during national emergency.

Materiel readiness requirements, report to congressional committees.

10 USC 2203

note.

PUBLIC LAW 95-79—JULY 30, 1977 colonel, and on active duty in the Navy above the grade of captain, may not exceed 1,073 after October 1, 1980, and the total number of civilian employees of the Department of Defense in grades GS-13 through GS-18, including positions authorized under section 1581 of title 10, United States Code, shall be reduced during the fiscal year beginning October 1, 1977, by the same percentage as the number of officers on active duty in the Army, Marine Corps, and Air Force above the grade of colonel and on active duty in the Navy above the grade of captain is reduced below 1,141 during such fiscal year, and during the fiscal years beginning October 1, 1978, and October 1, 1979, by a percentage equal to the percentage by which the number of commissioned officers on active duty in the Army, Marine Corps, and Air Force above the grade of colonel and on active duty in the Navy above the grade of captain is reduced during such fiscal year below the total number of such officers on active duty on October 1, 1978, and October 1, 1979, respectively. (2) On and after October 1, 1980, the total number of civilian employees of the Department of Defense in the grades and positions descrii3ed in paragraph (1) may not exceed the number employed in such grades and positions on the date of enactment of this subsection reduced as provided in paragraph (1). (3) In time of war, or of national emergency declared by Congress, the President may suspend the operation of paragraphs (1) and (2). (b)(1) Subsection (b) of section 5231 of title 10, United States Code, is amended to read as follows: "(b) The number of officers serving in the grades of admiral and vice admiral under subsection (a) of this section and section 5081 of this title may not be more than 15 percent of the number of officers on the active list of the Navy above the grade of captain. Of the number of officers that may serve in the grades of admiral and vice admiral, as determined under this subsection, not more than 25 percent may serve in the grade of admiral.". '.; (2) Such section 5231 is fuiiher amended— (A) by striking out subsection (c); (B) by redesignating subsections (d), (e), and (f) as subsections (c), (d), and (e), respectively; and (C) by striking out "numbers authorized under subsections (b) and (c)" in subsections (c) and (d) (as redesignated by subparagraph (B)) and inserting in lieu thereof "number authorized for that grade under subsection (b)". (3) Subsection (b) of section 5232 of title 10, United States Code, is amended to read as follows: "(b) The number of officers serving in the grades of general and lieutenant general may not be more than 15 percent of the number of officers on the active list of the Marine Corps above the grade of colonel.". (4) The second sentence of subsection (c) of such section is amended by striking out the period and inserting in lieu thereof a comma and the following: "and while in that grade he is in addition to the number authorized for that grade under subsection (b) of this section.". SEC. 812. The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives, not later than February 15, 1978, a report setting forth quantifiable and measurable materiel readiness requirements for the Armed Forces, including the Reserve components thereof, the monthly readiness

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 P U B U C LAW 95-79—JULY 30, 1977 status of the Armed Forces, including the reserve components thereof, during fiscal year 1977, and any changes in such requirements and status projected for fiscal years 1978 and 1979 and in the five-year defense program. The Secretary of Defense shall also inform such committees of any subsequent changes in the aforementioned materiel readiness requirements and the reasons for such changes. The budget for the Department of Defense submitted to the Congress for fiscal year 1979 and subsequent fiscal years shall include data projecting the effect of the appropriations requested for materiel readiness requirements. SEC. 813. I n authorizing procurement under section 101 of this Act and research and development under section 201 of this Act, Congress asserts its readiness to consider, in accordance with the processes set forth in the Congressional Budget and I m p o u n d m e n t Control Act of 1974 and the Budget and Accounting Act, 1921, such modifications in United States strategic arms programs as the President may recommend to facilitate either negotiation or agreement in the Strategic A r m s Limitation Talks. SEC, 814, Section 813 of the Department of Defense Appropriation Authorization Act, 1976, is amended to read as follows: " SEC. 813, I n the case of any letter of offer to sell or any proposal to transfer defense articles which are valued at $25,000,000 or more from the United States active forces' inventories or from current production, the Secretary of Defense shall submit a report to the Congress setting forth— " (1) the impact of such sales or transfers on the current readiness of United States forces; " (2) the adequacy of reimbursements to cover, at the time of replenishment of United States inventories, the full replacement costs of those items sold or transferred: and " (3) for each article to be sold (A) the initial issue quantity requirement for United States forces for that article, (B) the percentage of such requirement already delivered to such forces or contracted for at the time of the report, (C) the timetable for meeting: such requirement absent the proposed sale, and (D) the timetable for meeting such requirement if the sale is approved,". SEC. 815. (a) Chapter 141 of title 10, United States Code, relating to miscellaneous procurement provisions, is amended by adding after section 2389 the following new section:

9 1 STAT. 337

Changes, information to congressional committees.

10 USC 2203 note.

31 USC 1301 note.

31 USC 1. Sale or transfer of defense articles, report to Congress. 10 USC 133 note.

10 USC 2390. "§ 2390. Suggestions for improving procurement policies " (a) The Secretary of Defense shall request each commissioned officer, and each civilian employee above grade GS-12, who is scheduled for retirement and who is, or was at any time within one year prior to such scheduled retirement, assigned to, or employed in, milit a r y procurement to submit suggestions for methods to improve procurement policies, including suggestions for improving competitive bidding procedures and for reducing or eliminating any inequities that may exist. Such request shall be made of each such commissioned officer or employee not less than 30 days preceding his release from active d u t y or his separation. Submission of suggestions shall be a t the option of each such commissioned officer or employee, and each such officer or employee shall be allowed reasonable time during working hours to prepare such suggestions, if such officer or employee chooses to make suggesitions under this section.

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Page:United States Statutes at Large Volume 91.djvu/372

 91 STAT. 338 Semiannual report to congressional committees,

Short title.

PUBLIC LAW 95-79—JULY 30, 1977 "(b) The Secretary of Defense shall submit a semiannual report to the Committees on Armed Services of the Senate and House of Representatives containing a copy of each suggestion submitted under subsection (a) during the preceding six-month period and the response of the Department of Defense to each such suggestion.". (b) The table of sections at the beginning of chapter 141 of title 10, United States Code, is amended by adding after the item relating to section 2389 the following new item: "2390. Suggestions for improving procurement policies.". SEC. 816. This Act may be cited as the "Department of Defense Appropriation Authorization Act, 1978". Approved July 30, 1977.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-194 (Comm. on Armed Services) and No. 95-446 (Coram, of \ o Ti I c rc 11 cc I SENATE REPORTS: No. 95-129 (Coram, on Armed Services) and No. 95-282 (Comra. of Conference). CONGRESSIONAL RECORD, VoL 123 (1977): Apr. 21, 22, 25, considered and passed House. May 16, 17, considered and passed Senate, amended. July 13, House agreed to conference report. July 14, Senate agreed to conference report.

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Page:Hockey, Canada's Royal Winter Game.djvu/33

 in the different ways, in checking, and in dodging, nearly every other muscle in the human frame, and, as in other games of great dexterity, the eye is quickened, brightened to a degree of judgment.

The proof that in a game of hockey every muscle receives its due exercise, is this, that after the first few practices, before he is "in condition," a player feels sore and stiff in every muscle of his body.

Being practically an out-door sport it is exhilarating and healthy, and productive of an absorbing appetite, which latter is borne out by the statement of an hotel keeper who once said that "a hockey team can eat more in a limited time than a team of footballers, or a lacrosse twelve with all their spares and coaches."

Speaking of skating as an exercice, Solzman, in his incomparable work on the subject, says:—"I am come to an exercise superior to anything that can be classed under the head of motion. I know nothing in gymnastics that displays equal elegance, and it excites such divine pleasure in the mind of the performer that I would recommend it as the most efficacious remedy to the misanthrope and the hypochondriac. Pure air, piercing, bracing cold, the promotion of the circulation of the different fluids of the body, the unalloyed and mental satisfaction of the various skilful movements,


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Page:United States Statutes at Large Volume 91.djvu/373

 91 STAT. 339

PUBLIC LAW 95-80—JULY 31, 1977

Public Law 95-80 95th Congress Joint Resolution To provide for a temporary extension of certain Federal Housing Administration mortgage insurance and related authorities and of the national flood insurance program, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, EXTENSION OF FEDERAL HOUSING ADMINISTRATION INSURANCE AUTHORITIES

July 31. 1977 [SJ. Res. 77]

Housing.

MORTGAGE

SECTION 1. (a) Section 2(a) of the National Housing Act is amended by striking out "August 1, 1977" in the first sentence and inserting in lieu thereof "October 1, 1977". (b) Section 217 of such Act is amended by striking out "July 31, 1977" and inserting in lieu thereof "September 30, 1977". (c) Section 221(f) of such Act is amended by striking out "July 31, 1977" in the fifth sentence and inserting in lieu thereof "September 30, 1977". (d) Section 244(d) of such Act is amended by striking out "July 31, 1977" in the first sentence and inserting in lieu thereof "September 30, 1977". (e) Section 809(f) of such Act is amended by striking out "July 31, 1977" in the second sentence and inserting in lieu thereof "September 30, 1977". (f) Section 810(k) of such Act is amended by striking out "July 31, 1977" in the second sentence and inserting in lieu thereof "September 30, 1977". (g) Section 1002(a) of such Act is amended by striking out "July 31, 1977" in the second sentence and inserting in lieu thereof "September 30, 1977". (h) Section 1101(a) of such Act is amended by striking out "July 31, 1977" in the second sentence and inserting in lieu thereof "September 30, 1977".

12 USC 1703.

12 USC 1715h. 12 USC 1715/.

12 USC 1715Z-9.

12 USC 1748h-l.

12 USC 174«!h-2.

12 USC 1749bb,

12 USC 1749aaa.

EXTENSION OF FLEXIBLE INTEREST RATE AUTHORITY

SEC. 2. Section 3(a) of the Act entitled "An Act to amend chapter 37 of title 38 of the United States Code with respect to the veterans' home loan program, to amend the National Housing Act with respect to interest rates on insured mortgages, and for other purposes", approved May 7, 1968, as amended (12 U.S.C. 1709-1), is amended by striking out "August 1, 1977" and inserting in lieu thereof "October 1, 1977". EXTENSION OF NATIONAL FLOOD INSURANCE PROGRAM

SEC. 3. Section 1319 of the National Flood Insurance Act of 1968 42 USC 4026. is amended by striking out "July 31, 1977" and inserting in lieu thereof "September 30, 1977".

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Page:Folk-lore - A Quarterly Review. Volume 7, 1896.djvu/405

 Rh stand as evidence of origin, what are we to say to the November election of the Lord Mayor.?

To return to the iron-workers and their characteristics. They can hardly be spoken of as one trade, but rather as many trades depending on one staple product. The various branches of it are very local. The great blast-furnaces and rolling-mills and foundries do indeed attract strong vigorous men from all parts; but the trades which partake of the nature of a handicraft (or rather, which did so partake before everything was machine-made) are carried on each in its own town or village from father to son, generation after generation. There are nailers and chainmakers at Dudley and Gornall; japanners at Bilston; locksmiths at Willenhall; bit and spur-makers at Walsall (where there is a large trade in saddlery also); and there is great rivalry between the villages, and rough jokes on each other abound. The Gornall nailers are the universal butt. To say a man comes from Gornall is as much as to say he is an oaf and a blockhead. "Gornall donkeys" they are called, and it is a well-known and well-understood insult to bray when a Gornall man passes by. "Who put the bulldog i' the cradle and the babby i' the kennel?" is the proper greeting to a Bilston visitor (I think it refers rather to the miners than to the japan-workers). The Willenhall locksmiths hold theirs to be the first of trades, as it requires so much more skill and delicacy than others, such as nail or screw-making; but their neighbours declare that the Willenhall


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Page:United States Statutes at Large Volume 91.djvu/374

 91 STAT. 340

PUBLIC LAW 95-80—JULY 31, 1977 EXTENSION OP RURAL HOUSING AUTHORITIES

42 USC 1483. 42 USC 1485. 42 USC 1487. 42 USC 1490c.

SEC. 4. (a) Section 513 of the Housing Act of 1949 is amended by striking out "July 31, 1977" where it appears in clauses (b), (c), and (d) and inserting in lieu thereof "September 30, 1977". (b) Section 515(b)(5) of such Act is amended by striking out "July 31, 1977" and inserting in lieu thereof "September 30, 1977". (c) Section 517(a)(1) of such Act is amended by striking out "July 31, 1977" and inserting in lieu thereof "September 30, 1977". (d) Section 523(f) of such Act is amended by striking out "August 1, 1977" and inserting in lieu thereof "October 1, 1977", and by striking out "July 31, 1977" and inserting in lieu thereof "September 30, 1977". Approved July 31, 1977.

LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 123 (1977): July 28, considered and passed Senate. July 29, considered and passed House.

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Page:United States Statutes at Large Volume 91.djvu/375

 PUBLIC LAW 95-81—JULY 31, 1977

91 STAT. 341

Public Law 9 5 - 8 1 95th Congress An Act Making appropriations for the Treasury Department, the United States Postal Service, the Executive Office of the President, and certain Independent Agencies, for the fiscal year ending September 30, 1978, and for other purposes.

July 31, 1977 [H.R. 7552]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following Treasury, Postal sums are apiDropriated, out of any money in the Treasury not otherwise Service, and appropriated, for the Treasury Department, the United States Postal General Government Service, the Executive Office of the President, and certain Independent Appropriation Agencies, for the fiscal year ending September 30, 1978, and for other Act, 1978. purposes, n a m e l y: Treasury TITLE I DEPARTMENT OF THE -

TREASURY

OFFICE OF THE SECRETARY SALARIES AXD EXPENSES

For the necessary expenses in the Office of the Secretary, including the operation and maintenance of the Treasury Building and Annex thereof; hire of passenger motor vehicles; and not to exceed $15,000 for official reception and reiiresentaition expenses; $29,400,000 of which not to exceed $100,000 shall be available for unforeseen emergencies of a confidential character, to be allocated and expended under the direction of the Secretary of the Treasury and to be accounted for solely on his certificate, and of which $1,500,000 shall be for repairs and improvements to Treasury buildings and shall remain available until expended. FEDERAL L A W P]XFORCEMEXT T R. \ I N IX G

CENTER

SALARIES AND EXPENSES

For necessary expenses of the Federal I^aw Enforcement T r a i n i n g Center, including purchase (not to exceed eight for police-type use) and hire of passenger motor vehicles; and services as authorized by 5 U.S.C. 3109; $12,000,000. BUREAU or GOVERNMENT F I N A N C I A L OPERATIONS SALARIES AND EXPENSES

For necessary expenses of the Bureau of Government Financial Operations, $147,000,000. BUREAU or ALCOHOL, TOBACCO AND FIREARMS SALARIES AND EXPENSES

For necessary expenses of the Bureau of Alcohol, Tobacco and Firearms including purchase of (not to exceed four hundred for replacement only, for police-type use), and hire of passenger motor vehicles;

Department Appropriations Act, 1978.

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Page:United States Statutes at Large Volume 91.djvu/376

 91 STAT. 342

PUBLIC LAW 95-81—JULY 31, 1977 hire of a i r c r a f t; and services of expert witnesses at such rates as may be determined by the Director; $122,600,000. UNITED STATES CUSTOMS SERVICE SALARIES AND EXPENSES

 * sr

For necessary expenses of the United States Customs Service, including purchase of five hundred and seventeen passenger motor vehicles (of which four hundred and ninety-seven shall be for replacement o n l y), including five hundred and seven for police-type use; acquisition (purchase of one), operation, and maintenance of aircraft.; hire of passenger motor vehicles and aircraft; and awards of compensation to informers as authorized by the Act of August 13, 1954 (22 U.S.C. 4 0 1); $384,700,000, of which not to exceed $150,000 shall be available for payment for rental space in connection with preclearance operations; and of which not to exceed $600,000 for research shall remain available until expended. B U R E A U or

ENGRAVING AND P R I N T I N G

BUREAU o r ENGRAVING AND P R I N T I N G F U N D

For additional capital for the Bureau of E n g r a v i n g and P r i n t i n g F u n d established by the Act of August 4, 1950 (31 U.S.C. 181-181e), 31 USC 181 note. $5,000,000, to remain available until expended, and, notwithstanding 31 USC 181a. section 2(e) of said Act, the full amount of payments made since July 1, 1974, and hereafter, for work and services in accordance with section 1 of the Act, at prices adjusted to permit the acquisition of capital equipment and provide future working capital. B U R E A U or THE

MINT

SALARIES A N D EXPENSES

For necessary expenses of the Bureau of the Mint, including not to exceed $2,500 for the expenses of the annual assay commission; $41,000,000. BUREAU OF THE P U B L I C D E B T ADMINISTERING THE PUBLIC DEBT

For necessary expenses connected with any public-debt issues of the United States. $118,214,000. INTERNAL

REVENUE

SERVICE

SALARIES AND EXPENSES

'

For necessary expenses of the I n t e r n a l Revenue Service, not otherwise provided for, including executive direction, administrative support, and internal audit and security; hire of passenger motor vehicles; and services of expert witnesses at such rates as may be determined by the Commissioner; $51,000,000. ACCOUNTS, COLLECTION AND TAXPAYER SERVICE

For necessary expenses of the I n t e r n a l Revenue Service for processing tax returns, revenue accounting, providing assistance to taxpayers, securing unfiled tax returns, and collecting unpaid taxes; hire of

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Page:United States Statutes at Large Volume 91.djvu/377

 PUBLIC LAW 95-81—JULY 31, 1977

91 STAT. 343

passenger motor vehicles; and services of expert witnesses at such rates as may be determined by the Commissioner; including not to exceed $10,000,000 for employees on temporary appointments and not to exceed $10,000 for salaries of personnel engaged in premployment training of data transcriber applicants; $870,300,000. COMPLIANCE

For necessary expenses of the Internal Revenue Service for determining and establishing tax liabilities, and for investigation and enforcement activities, including purchase (not to exceed four hundred and seventy-five of which three hundred and thirty shall be for replacement only) and hire of passenger motor vehicles; and services of expert witnesses at such rates as may be determined by the Commissioner; $938,500,000. UNITED STATES SECRET SERVICE SALARIES AND EXPENSES

For necessary expenses for the operation of the United States Secret Service, including purchase (not to exceed two hundred and twelve for police-type use for replacement only) and hire of passenger motor vehicles; hire of aircraft; training and assistance requested by State and local governments which may be provided without reimbursement; rental of buildings in the District of Columbia, and fencing, lighting, guard booths, and other facilities on private or other property not in Government ownership or control as may be necessary to perform protective functions; and the conducting and participation in firearms matches; $123,000,000, of which not to exceed $2,000,000 shall remain available until expended, for payments to State and local governments for protection of permanent and observer foreign diplomatic missions, pursuant to Public Law 94r-196. 3 USC 202, 208. GENERAL PROVISIONS—TREASURY DEPARTMENT

SEC. 101. Appropriations in this Act to the Treasury Department shall be available for uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901-2) including maintenance, repairs, and cleaning; purchase of insurance for official motor vehicles operated in foreign countries; entering into contracts with the Department of State for the furnishing of health and medical services to employees and their dependents serving in foreign countries; and services as authorized by 5 U.S.C. 3109. SEC, 102. Motor vehicles for police-type use by the Treasury Department may be purchased without regard to the general purchase price limitation for the current fiscal year. This title may be cited as the "Treasury Department A p p r o p r i a - Citation of title, tions Act, 1978". Postal Service TITLE II U.S. P O S T A L SERVICE P A Y M E N T TO THE POSTAL SERVICE F U N D

For payment to the Postal Service F u n d for public service costs and for revenue foregone on free and reduced rate mail, pursuant to 39 U.S.C. 2401 (b) and (c), and for meeting the liabilities of the former Post Office Department to the Employees' Compensation F u n d

Appropriation Act, 1978.

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Page:United States Statutes at Large Volume 91.djvu/378

 PUBLIC LAW 95-81—JULY 31, 1977

9 1 STAT. 3 4 4

Citation of title. Executive Office Appropriations Act, 1978.

and to postal employees for earned and unused annual leave as of June 30, 1971, pursuant to 39 U.S.C. 2004, $1,695,540,000. This title may be cited as the "Postal Service Appropriation Act, 1978". TITLE III EXECUTIVE OFFICE OF THE

PRESIDENT

COMPENSATION OF THE PRESIDENT

For compensation of the President, including an expense allowance at the rate of $50,000 per annum as authorized by 3 U.S.C. 102, $250,000. THE W H I T E HOUSE

OFFICE

SALARIES AND EXPENSES

For expenses necessary for the W h i t e House Office as authorized by law, including not to exceed $3,850,000 for services as authorized by 5 U.S.C. 3109, at such per diem rates for individuals as the President may specify and other personal services without regard to the provisions of law regulating the employment and compensation of persons in the Government service; hire of passenger motor vehicles, newspapers, periodicals, teletype news service, and travel (not to exceed $100,000 to be accounted for solely on the certificate of the President); and not to exceed $10,000 for official entertainment expenses to be available for allocation within the Executive Office of the President; $17,580,000. EXECUTIVE RESIDENCE . ^

,

OPERATING EXPENSES

For the care, maintenance, repair and alteration, refurnishing, improvement, heating and lighting, including electric power and fixtures, of the Executive Residence, to be expended as the President may determine, notwithstanding the provisions of this or any other Act, and official entertainment expenses of the President to be accounted for solely on his certificate, $2,157,000. OF F I C I A L RESIDENCE OF THE VI C E PRESIDENT •

OPERATING EXPENSES

For the care, maintenance, repair and alteration, furnishing, improvement, heating and lighting, including electric power and fixtures, of the official residence of the Vice President, and for official entertainment expenses of the Vice President, to be accounted for solely on his certificate, $121,000: Provided, That advances or repayments or transfers from this appropriation may be made to any department or agency for expenses of carrying out such activities. SPECIAL ASSISTANCE TO THE PRESIDENT SALARIES AND EXPENSES

For expenses necessary to enable the Vice President to provide assistance to the President in connection with specially assigned functions, services as authorized by 5 U.S.C. 3109, b u t at rates for

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Page:United States Statutes at Large Volume 91.djvu/379

 PUBLIC LAW 95-81—JULY 31, 1977

91 STAT. 3 4 5

individuals not to exceed the per diem equivalent of the rate for grade GS-18, compensation for one position at a rate not to exceed the rate 5 USC 5332 note. of level II of the Executive Schedule, and other personal services 5 USC 5313. without regard to the provisions of law regulating the employment and compensation of persons in the Government service, including hire of passenger motor vehicles, $1,327,000. C O U N C I L or

ECONOMIC ADVISERS

SALARIES AND EXPENSES

For necessary expenses of the Council in carrying out its functions under the Employment Act of 1946 (15 U.S.C. 1021), $1,995,000. COUNCIL ON W A G E AND P R I C E

STABILITY

SALARIES AND EXPENSES

For expenses, including compensation for the Deputy Director at a rate not to exceed the rate for level V of the Executive Schedule, necessary for the Council on W a g e and Price Stability as authorized by the Council on W a g e and Price Stability Act of 1974 (Public Law 93-387 as amended by Public Law 94-78), $2,100,000, subject to enact- 12 USC 1904 ment of S. 1642, H.K. 6951, or similar authorizing authority. °°*^DOMESTIC

COUNCIL

SALARIES AND EXPENSES

For necessary expenses of the Domestic Council, including services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem equivalent of the rate for grade G S - 1 8; and other personal services without regard to the provisions of law regulating the employment and compensation of persons in the Government service; $1,850,000. NATIONAL SECURITY

COUNCIL

SALARIES AND EXPENSES

For expenses necessary for the National Security Council, including services as authorized by 5 U.S.C. 3109, $3,000,000. OFFICE or

DRUG ABUSE POLICY

SALARIES AND EXPENSES

For necessary expenses of the Office of D r u g Abuse Policy as authorized by section 4 of Public Law 94-237 (21 U.S.C. 1120), 21 USC 1103. $1,200,000. OFFICE OF MANAGEMENT AND BUDGET SALARIES AND EXPENSES

For expenses necessary for the Office of Management and Budget, including hire of passenger motor vehicles and services as authorized by 5 U.S.C. 3109, and not to exceed $1,500 for official reception and representation expenses, $28,830,000.

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Page:United States Statutes at Large Volume 91.djvu/380

 9 1 STAT. 3 4 6

PUBLIC LAW 95-81—JULY 31, 1977 OFFICE OF FEDERAL PROCUREMENT POLICY SALARIES AND EXPENSES

For expenses of the Office of Federal Procurement Policy, including services as authorized by 5 U.S.C. 3109, $1,840,000. OFFICE OF TELECOMMUNICATIONS POLK^Y SALARIES A N D EXPENSES

For expenses necessary for the conduct of telecommunications functions assigned to the Director of the Office of Telecommunications Policy, including hire of passenger motor vehicles, and services as authorized by 5 U.S.C. 3109, $8,447,000. UNANTICIPATED NEEDS

Citation of title. Independent Agencies Appropriations Act, 1978.

For expenses necessary to enable the President to meet unanticipated needs, in furtherance of the national interest, security, or defense which may arise at home or abroad during the current fiscal year, and to p a y administrative expenses (including personnel, in h i s discretion and without regard to any provision of law regulating employment and pay of persons in the government service or regulating expenditures of government funds) incurred with respect thereto, $1,000,000. This title may be cited as the "Executive Office Appropriations Act, 1978". TITLE IV INDEPENDENT

AGENCIES

ADMINISTRATIVE CONFERENCE OF THE UNITED S T A I E S SALARIES AND EXPENSES

For necessary expenses of the Administrative Conference of the United States, established by the Administrative Conference Act, as amended (5 U.S.C. 571 et seq.), $914,000. ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS SALARIES AND EXPENSES

42 USC 4271.

For expenses necessary to carry out the provisions of the Act of September 24, 1959, as amended (73 Stat. 703-706), $1,600,000. ADVISORY COMMITTEE ON FEDERAL P A Y SALARIES AND EXPENSES

For necessary expenses of the Advisory Committee on Federal P a y, established by 5 U.S.C. 5306, $220,000. CIVIL SERVICE COMMISSION SALARIES AND EXPENSES

For necessary expenses, including services as authorized by 5 U.S.C. 3109; medical examinations performed for veterans by private physi-

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Page:Folk-lore - A Quarterly Review. Volume 7, 1896.djvu/406

 376 publicans have to make recesses in their walls to accommodate the locksmiths' hump-backs. The Walsall men are supposed to be bandy-legged, owing doubtless to the habit of holding the saddler's wooden vice between the knees, with the feet closely touching each other. "He waddles like a Walsall duck." "As bandy-legged as the Walsall man, that stopped the pig in the entry"—that is, by touching the doorposts with his knees.

These and similar taunts are, it may easily be imagined, in great request at the Wake, or annual feast, of each parish. Parties are made up in the different villages to visit each other's wakes, as a kind of civility, like paying a call. The innkeepers are expected to treat their customers to a dinner of roast beef on these occasions, and one of the reproaches cast on the inhabitants of Wednesfield refers to this. It is said that the Wednesfield people were so stingy that they killed only half a cow for their wake, and left the other half for next year. The Darlaston wake, on the other hand, is a much observed one. There are said to be only two Sundays in the year when the Darlaston people don't put on the pot to boil for dinner. One is the Wake Sunday, when they roast the meat, and the other is the following one, when they have nothing left to boil. But in spite of this ready hospitality, the people of Darlaston (where the staple trade is making nuts and bolts, screws and files) enjoy nearly as great a reputation for stupidity as the Gornall nailers. They are called Darlaston geese; they are said to be bull-yedded, that is, to have more strength than brains. When they do think their thoughts are "mostly about nowt." They are great bell-ringers, but their neighbours say they know no more of the church than the belfry. "Who whistled the weathercock ofT the church steeple?" "Who shut the meadow-gate to keep the snow out?" are the polite enquiries proper to be addressed to them.

Wakes are customary throughout the county. In Needwood Forest special cakes are baked for them, and in the


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 PUBLIC LAW 95-81—JULY 31, 1977

91 STAT. 347

cians on a fee basis; rental of conference rooms in the District of Columbia; hire of passenger motor vehicles; not to exceed $2,500 for official reception and representation expenses; and advances or reimbursements to applicable funds of the Commission and the Federal Bureau of Investigation for expenses incurred under Executive Order 10422 of January 9, 1953, as amended; $110,930,000 together with 22 USC 287note, not to exceed $30,065,000 for current fiscal year administrative expenses for the retirement and insurance programs to be transferred from the a p p r o p r i a t e trust funds of the Commission in amounts determined by the Commission without regard to other statutes: Provided, That the provisions of this appropriation shall not affect the authority to use applicable trust funds for administrative expenses of effecting statutory annuity adjustments. No part of the appropriation herein made to the Civil Service Commission shall be available for the salaries and expenses of the Legal E x a m i n i n g U n i t of the Commission, established pursuant to Executive Order 9358 of July 1, 1943, or any successor unit of like purpose. 3 CFR 1943-1948 GOVERNMENT P A Y M E N T FOR A N N U I T A N T S EMPLOYEES H E A L T H BENEFITS

Comp., p. 256.

For payment of Government contributions with respect to retired employees, as authorized by chapter 89 of title 5, United States Code, 5 USC 8901 et and the Ketired Federal Employees Health Benefits Act (74 Stat. *^y849), as amended, $506,467,000, to remain available until expended. P A Y M E N T TO C IV I L SERVICE RETIREMENT AND DISABILITY

FUND

For financing the unfunded liability of new and increased annuity benefits becoming effective on or after October 20, 1969, as authorized by 5 U.S.C. 8348, and annuities under special acts, to be credited to the Civil Service retirement and disability funds, $1,737,070,000: Provided, That annuities authorized by the Act of May 29, 1944, as 33 USC 776. amended (2 C.Z.C. 181), and the Act of August 19, 1950, as amended (33 U.S.C. 771-775), may hereafter be paid out of the Civil Service retirement and disability fund. FEDERAL LABOR RELATIONS COUNCIL SALARIES AND EXPENSES

For expenses necessary to carry out functions of the Civil Service Commission under Executive O r d e r No. 11491 of October 29, 1969, as amended, $1,787,000: Provided, That public members of the Federal 5 USC 7301 note. Service Impasses Panel may be paid travel expenses per diem in lieu of subsistence, as authorized by law (5 U.S.C. 5703) for persons employed intermittently in the Government Service, and compensation as authorized by 5 U.S.C. 3109. INTERGOVERNMENTAL PERSONNEL ASSISTANCE

For g r a n t s to improve State and local personnel administration, as authorized by the Intergovernmental Personnel Act of 1970, 42 USC 4701 $20,000,000, to remain available until expended. "ote.

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