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PUBLIC LAW 90-577-OCT. 16, 1968 uDISPOSAL OF URBAN LANDS

"SEC. 803. (a) Whenever the Administrator contemplates the disposal for or on behalf of any Federal agency of any real property situated within an urban area, he shall, prior to offering such land for sale, give reasonable notice to the head of the governing body of the unit of general local government having jurisdiction over zoning and land-use regulation in the geographical area within which the land or lands are located in order to afford the government the opportunity of zoning for the use of such land in accordance with local comprehensive planning. " (b) The Administrator, to the greatest practicable extent, shall furnish to all prospective purchasers of such real property, full and complete information concerning— " (1) current zoning regulations and prospective zoning requirements and objectives for such property when it is unzoned; and "(2) current availability to such propert^^ of streets, sidewalks, sewers, water, street lights, and other service facilities and prospective availability of such services if such property is included in comprehensive planning. "ACQUISITION OR CHANGE or USE or REAL PROPERTY

"SEC. 804. (a) To the extent practicable, prior to a commitment to acquire any real property situated in an urban area, the Administrator shall notify the unit of general local government exercising zoning and land-use jurisdiction over the land proposed to be purchased of his intent to acquire such land and the proposed use of the property. I n the event that the Administrator determines that such advance notice would have an adverse impact on the proposed purchase, he shall, upon conclusion of the acquisition, immediately notify such local government of the acquisition and the proposed use of the property. "(b) I n the acquisition or change of use of any real property situated in an urban area as a site for public building, the Administrator shall, to the extent he determines practicable— "(1) consider all objections made to any such acquisition or change of use by such unit of government upon the ground that the proposed acquisition or change of use conflicts or would conflict with the zoning regulations or planning objectives of such unit; and "(2) comply with and conform to such regulations of the unit of general local government having jurisdiction with respect to the area within which such property is situated and the planning and development objectives of such local government. "SEC. 805. The procedures prescribed in sections 803 and 804 may be waived during any period of national emergency proclaimed by the President. "DEFINITIONS

"SEC. 806. As used in this title— " (a) 'Unit of general local government' means any city, county, town, parish, village, or other general-purpose political subdivision of a State. " (b) 'Urban area' means— "(1) any geographical area within the jurisdiction of any incorporated city, town, borough, village, or other unit of general local government, except county or parish, having a population of ten thousand or more inhabitants; "(2) that portion of the geographical area within the jurisdiction of any county, town, township, or similar governmental

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entity which contains no incorporated unit of general local government but has a population density equal to or exceeding one thousand five hundred inhabitants per square mile; and "(3) that portion of any geographical area having a population density equal to or exceeding one thousand five hundred inhabitants per square mile and situated adjacent to the boundary of any incorporated unit of general local government which has a population of ten thousand or more inhabitants. " (c) '(Comprehensive planning' includes the following, to the extent directly related to the needs of a unit of general local government: "(1) Preparation, as a guide for governmental policies and action, of general plans with respect to (A) the pattern and intensity of land use, (B) the provision of public facilities (including transportation facilities) and other firovernmental services, and (C) the effective development and utilization of human and natural resources; " (2) Long-range physical and fiscal plans for such action; "(3) Programing of capital improvements and other major expenditures, based on a determination of relative urgencj, together with definitive financing plans for such expenditures m the earlier years of the program; " (4) Coordination of all related plans and M ctivities of the State and local governments and agencies concerned; and " (5) Preparation of regulatory and administrative measures in support of the foregoing." TITLE y i — R E VI E W O F FEDERAL GRANT-IN-AID PROGRAMS CONGRESSIONAL R E VI E W OF G R A N T - I N - A I D PROGRAMS

SEC. 601. (a) Where any Act of Congress authorizes the making of grants-in-aid and no expiration date for such authority has been specified by law, then prior to the expiration of each period specified in subsection (b) the Committees of the Senate and the House having legislative jurisdiction over such grants-in-aid shall, separately or jointly, conduct studies of the program under which such grants-in-aid are made and advise their respective Houses of the results of their findings with special attention to— (1) The extent to which the purposes for which the grants-inaid are authorized have been met; (2) The extent to which the objectives of such programs can be carried on without further financial assistance from the United States; (3) Whether or not any changes in purpose, direction or administration of the original program, or in procedures and requirements applicable thereto, shall be made; and (4) The extent to which such grant-in-aid programs are adequate to meet the growing and changing needs which they were designed to suppoit. (b)(1) A study of a grant-in-aid program to which subsection (a) applies and which is authorized by an Act of Congress enacted before the date of enactment of this Act shall be conducted prior to the expiration of the fourth calendar year beginning after the date of enactment of this Act, and thereafter prior to the expiration of the fourth calendar year following the year during which a study of such program was last conducted under this paragraph. (2) A study of a grant-in-aid program to which subsection (a) applies and which is authorized by an Act of Congress enacted after the date of enactment of this Act shall be conducted prior to the

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expiration of the fourth calendar year following the year of enactment of such Act, and prior to the expiration of each fourth calendar year thereafter. STUDIES BY COMPTROLLER GENERAL OF FEDERAL GRANT-IN-AID PROGRAMS

SEC. 602. (a) Upon request of any committee having jurisdiction over a grant-in-aid program, the Comptroller General shall make a study of such program to determine among other relevant matters, the extent to which— (1) such program conflicts with or duplicates other grant-inaid programs; and (2) more effective, efficient, economical, and uniform administration of such program can be achieved by changing certain requirements and procedures applicable thereto, (b) I n reviewing grant-in-aid programs the Comptroller General shall consider, among other relevant matters, and the budgetary, accounting, reporting and administrative procedures applicable to such programs. Reports on such studies, together with recommenda- c^gres*s^.*^° tions, shall be submitted by the Comptroller General to the Congress. Reports on expiring programs should, to the extent practicable, be submitted in the year prior to the date set for their expiration. STUDIES BY ADVISORY COMMISSION ON INTERGOVERNMENTAL

RELATIONS

SEC. 603. Upon request of any committee having jurisdiction over a grant-in-aid program, the Advisory Commission on Intergovernmental Relations (established by Public Law 86-380, as amended) shall con- ^^ ^*°*- ^°3' duct studies of the intergovernmental relations aspects of such program 5o*usc 1501 including (1) the impact of such program, if any, on the structural 1509. organization of State and local governments and on Federal-State-local liscal relations, and (2) the coordination of Federal administration of such program with State and local administration thereof, and shall c^^^esV° report its findings and recommendations to such committee and to the °"^'"^^^" Congress. PRESERVATION OF HOUSE A N D SENATE COMMITTEE JURISDICTION

SEC. 604. Nothing in this Act shall be construed to affect the jurisdiction of committees under the rules of the Senate and the House of Representatives. Approved October 16, 1968.

Public Law 90-578 AN ACT

October 17, 1968

To abolish the office of United States commissioner, to establish in place thereof within the judicial branch of the Government the office of United States magistrate, and for other purposes.

f - ^"^s] ^

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Federal Magisbe cited as the "Federal Magistrates Act"'.

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TITLE I—UNITED STATES MAGISTRATES 62 Stat. 915.

g^^.;|^QJ Chapter 43, title 28, United States Code, relating to United States commissioners, is amended to read as follows: "Chapter 4 3. ~ UNITED STATES MAGISTRATES "Sec. "631. "632. "633. "634. "635. "636. "637. "638. "639.

Qualifications.

Appointment and tenure. Character of service. Determination of number, locations, and.salaries of magistrates. Compensation. Expenses. Jurisdiction and powers. Training. Dockets and forms; United States Code; seals. Definitions.

"§ 631. Appointment and tenure " (a) The judges of each United States district court shall appoint United States magistrates in such numbers and to serve at such locations within the judicial district as the conference may determine under this chapter. Where there is more than one judge of a district court, the appointment, whether an original appointment or a reappointment, shall be by the concurrence of a majority of all the judges of such district court, and when there is no such concurrence, then by the chief judge. Where an area under the administration of the National Park Service, or the United States Fish and Wildlife Service, or any other Federal agency, extends into two or more judicial districts and it is deemed desirable by the conference that the territorial jurisdiction of a magistrate's appointment include the entirety of such area, the appointment or reappointment shall be made by the concurrence of a majority of all judges of the district courts of the judicial districts involved, and where there is no such concurrence by the concurrence of the chief judges of such district courts. «(jj^ j ^ ^ individual may be appointed or serve as a magistrate under this chapter unless: " (1) H e is a member in good standing of the bar of the highest court of the State in which he is to serve, or, in the case of an individual appointed to serve— " (A) in the District of Columbia, a member in good standing of the bar of the United States district court for the District of Columbia; " (B) in the Commonwealth of Puerto Rico, a member in good standing of the bar of the Supreme Court of Puerto Rico; or " (C) in an area under the administration of the National P a r k Service, the United States Fish and Wildlife Service, or any other Federal agency that extends into two or more States, a member in good standing of the bar of the highest court of one of those States; except that an individual who does not meet the bar membership requirements of the first sentence of this paragraph may be appointed

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and serve as a part-time magistrate if the appointing court or couits and the conference find that no qualified individual who is a member of the bar is available to serve at a specific location; "(2) He is determined by the appointing district court or courts to be competent to perform the duties of the office; "(3) In the case of an individual appointed to serve in a national park, he resides within the exterior boundaries of that park, or at some place reasonably adjacent thereto; "(4) He is not related by blood or marriage to a judge of the appointing court or courts at the time of his initial appointment. "(c) A magistrate may hold no other civil or military office or employment under the United States: Provided.^ however, That, with the approval of the conference, a part-time referee in bankruptcy or a clerk or deputy clerk of a court of the United States may be appointed and serve as a part-time United States magistrate, but the conference shall fix the aggregate amount of compensation to be received for performing the duties of part-time magistrate and part-time referee m bankruptcy, clerk or deputy clerk: And provided further, That retired officers and retired enlisted personnel of the Regular and Reserve components of the Army, Navy, Air Force, Marine Corps, and Coast Guard, members of the Reserve components of the Army, Navy, Air Force, Marine Corps, and Coast Guard, and members of the Army National Guard of the United States, the Air National Guard of the United States, and the Naval Militia and of the National Guard of a State, territory, or the District of Columbia, except the National Guard disbursing officers who are on a full-time salary basis, may be appointed and serve as United States magistrates. " (d) No individual may serve under this chapter after having Age limitation. attained the age of seventy years: Provided, however, That upon the unanimous vote of all the judges of the appointing court or courts, a magistrate who has attained the age of seventy years may continue to serve and may be reappointed under this chapter. "(e) The appointment of any individual as a full-time magistrate Term. shall be for a term of eight years, and the appointment of any individuals as a part-time magistrate shall be for a term of four j^ears, except that the term of a full-time or part-time magistrate appointed under subsection (j) shall expire upon— " (1) the expiration of the absent magistrate's term, " (2) the reinstatement of the absent magistrate in regular service in office as a magistrate, "(3) the failure of the absent magistrate to make timely application under subsection (i) of this section for reinstatement in regular service in office as a magistrate after discharge or release from military service, "(4) the death or resignation of the absent magistrate, or "(5) the removal from office of the absent magistrate pursuant to subsection (h) of this section, whichever may first occur. "(f) Each individual appointed as a magistrate under this section °^^shall take the oath or affirmation prescribed by section 453 of this title ^^ ^*°*- ^^• before performing the duties of his office. " (g) Each appointment made by a judge or judges of a district Appointment court shall be entered of record in such court, and notice of such '^*''°'^ ^" notice. appointment shall be given at once by the clerk of that court to the Director. " (h) Removal of a magistrate during the term for which he is Removal. ajipointed shall be only for incompetency, misconduct, neglect of duty, or physical or mental disability, but a magistrate's office shall be terminated if the conference determines that the services performed by his

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office are no longer needed. Removal shall be by the judges of the district court for the judicial district in which the magistrate serves; where there is more than one judge of a district court, removal shall not occur unless a majority of all the judges of such court concur in the order of removal; and when there is a tie vote of the judges of the district court on the question of the removal or retention in office of a magistrate, then removal shall be only by a concurrence of a majority of all the judges of the council. I n the case of a magistrate appointed mider the third sentence of subsection (a) of this section, removal shall not occur unless a majority of all the judges of the appointing district courts concur in the order of removal; and where there is a tie vote on the question of the removal or retention in office of a magistrate, then removal shall be only by a concurrence of a majority of all the judges of the council or councils. Before any order or removal shall be entered, a full specification of the charges shall be furnished to the magistrate, and he shall be accorded by the judge or judges of the removing court, courts, council, or councils an opportunity to be heard on the charges. Armed Forces " ^ j ^ ^) ^ magistrate who is iuducted into the Armed Forces of the I'nit€d States pursuant to the Military Selective Service Act of 1967 62 Stat. 604; (50 U.S.C. App. 451 et seq.), or is otherwise ordered to active duty with 81 tat. 100. such forces for a period of more than thirty days, and who makes application for a leave of absence to the district court or courts which appointed him, shall be granted a leave of absence without compensation for such period as he is required to serve in such forces. Every application for a leave of absence under this subsection shall include a copy of the official orders requiring the magistrate's military service. The granting of a leave of absence under this subsection shall not operate to extend the term of office of any magistrate. Reinstatement. " (£) A magistrate granted a leave of absence under this subsection who— " (A) receives a certificate of service under section 9(a) of the Jli^^i^W'^'' Military Selective Service Act of 1967 (50 U.S.C. App. 459(a)), or is released under honorable conditions from the military service, " (B) makes application for reinstatement to regular service in office as a magistrate within ninety days after he is released from such service or training or from hospitalization continuing after discharge for a period of not more than one year, and " (C) is determined by the appointing court or courts in the manner specified in subsection (a) of this section to be still qualified to perform the duties of such position, shall be reinstated in regular service in such office. "(j) Upon the grant by the appropriate district court or courts of a leave of absence to a magistrate entitled to such relief under the terms of subsection (i) of this section, such court or courts may proceed to appoint, in the manner specified in subsection (a) of this section, another magistrate, qualified for appointment and service under subsections (b), (c), and (d) of this section, who shall serve for the period specified in subsection (e) of this section. "§ 632. Character of service " (a) Full-time United States magistrates may not engage in the practice of law, and may not engage in any other business, occupation, or employment inconsistent with the expeditious, proper, and impartial performance of their duties as judicial officers. " (b) Part-time United States magistrates shall render such service as judicial officers as is required by law. While so serving they may engage in the practice of law, but may not serve as counsel in any criminal action in any court of the United States, nor act in any capacity that is, under such regulations as the conference may establish, inconsistent with the proper discharge of their office. Within such

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restrictions, they may engage in any other business, occupation, or employment which is not inconsistent with the expeditious, proper, and impartial performance of their duties as judicial officers. ^^§ 633. Determination of number, locations, and salaries of magistrates " (a) SURVEYS BY THE D I R E C TO R. —

"(1) The Director shall, within one year immediately following the date of the enactment of the Federal Magistrates Act, make a careful survey of conditions in judicial districts to determine (A) the number of appointments of full-time magistrates and part-time magistrates required to be made under this chapter to provide for the expeditious and effective administration of justice, (B) the locations at which such officers shall serve, and (C) their respective salaries under section 634 of this title. Thereafter, the Director shall, from time to time, make such surveys, general or local, as the conference shall deem expedient. "(2) I n the course of any survey, the Director shall take into account local conditions in each judicial district, including the areas and the populations to be served, the transportation and communications facilities available, the amount and distribution of business of the type expected to arise before officers appointed under this chapter (including such matters as may be assigned under section 636(b) of this chapter), and any other material factors. The Director shall give consideration to suggestions from any interested parties, including district judges, United States commissioners or officers appointed under this chapter, United States attorneys, bar associations, and other parties having relevant experience or information. "(3) The surveys shall be made with a view toward creating and maintaining a system of full-time United States magistrates. However, should the Director find, as a result of any such surveys, areas in which the employment of a full-time magistrate would not be feasible or desirable, he shall recommend the appointment of part-time United States magistrates in such numbers and at such locations as may be required to permit prompt and efficient issuance of process and to permit individuals charged with criminal offenses against the United States to be brought before a judicial officer of the United States promptly after arrest. " (b) DETERMINATION BY THE CONFERENCE.—Upon the completion of the initial surveys required by subsection (a) of this section, the Director shall report to the district courts, the councils, and the conference his recommendations concerning the number of full-time magistrates and part-time magistrates, their respective locations, and the amount of their respective salaries under section 643 of this title. The district courts shall advise their respective councils, stating their recommendations and the reasons therefor; the councils shall advise the conference, stating their recommendations and the reasons therefor, and shall also report to the conference the recommendations of the district courts. The conference shall determine, in the light of the recommendations of the Director, the district courts, and the councils, the number of full-time United States magistrates and part-time United States magistrates, the locations at which they shall serve, and their respective salaries. Such determinations shall take effect in each judicial district at such time as the district court for such judicial district shall determine, but in no event later than one year after they are promulgated. " (c) CHANGES I N NUMBER, TJOCATIONS, AND SALARIES.—Except as

otherwise provided in this chapter, the conference may, from time to time, in the light of the recommendations of the Director, the district

96-600 O - 69 - 73

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80 Stat. 581; 5 USC 8331 ^' ^^^'

5 USC 8701 ^^ ^^15 USC 8901 et seq,

PUBLIC LAW 90-578-OCT. 17, 1968

[82 STAT.

courts, and the councils, change the number, locations, and salaries of full-time and part-time magistrates, as the expeditious administration of justice may require. Such determinations shall take effect sixty days after they are promulgated. "§634. Compensation " (a) Officers appointed under this chapter shall receive as full compensation for their services salaries to be fixed by the conference pursuant to section 633 of this title, at rates not more than $22,500 per annum for full-time United States magistrates, and not more than $11,000 per annum nor less than $100 per annum for part-time United States magistrates. In fixing the amount of salary to be paid to any officer appointed under this chapter, consideration shall be given to the average number and the nature of matters that have arisen during the immediately preceding period of five years, and that may be expected thereafter to arise, over which such officer would have jurisdiction and to such other factors as may be material. Disbursement of salaries shall be made by or pursuant to the order of the Director. ^^ (h) Except as provided by section 8344, title 5, relating to reductions of the salaries of reemployed annuitants under subchapter III of chapter 83 of such title and unless the office has been terminated as provided in this chapter, the salary of a full-time United States magistrate shall not be reduced, during the term in which he is serving, below the salary fixed for him at the beginning of that term. ''(c) All Ignited States magistrates, effective upon their taking the oath or affirmation of office, and all necessary clerical and secretarial assistants employed in the offices of full-time Ignited Sta'es magistrates shall be deemed to be officers and employees in the judicial branch of the Ignited States Government within the meaning of subsection III (relating to civil service retirement) of chapter 83, chapter 87 (relating to Federal employees' group life insurance), and chapter 89 (relating to Federal employees' health benefits program) of title 5 Part-time magistrates shall not be excluded from coverage under these chapters solely for lack of a prearranged regular tour of duty. "§635. Expenses " (a) Full-time United States magistrates serving under this chapter shall be allowed their actual and necessary expenses incurred in the performance of their duties, including the compensation of necessary clerical and secretarial assistance. Such expenses and compensation shall be determined and paid by the Director under such regulations as the Director shall prescribe with the approval of the conference. The Administrator of General Services shall provide such magistrates with necessary courtrooms, office space, furniture and facilities within United States courthouses or office buildings owned or occupied by departments or agencies of the United States, or should suitable courtroom and office space not be available within any such courthouse or office building, the Administrator of General Services, at the request of the Director, shall procure and pay for suitable courtroom and office space, furniture and facilities for such magistrate in another building, but only if such request has been approved as necessary by the judicial council of the appropriate circuit. "(b) Under such regulations as the Director shall prescribe with the approval of the conference, the Director shall reimburse part-time magistrates for actual expenses necessarily incurred by them in the performance of their duties under this chapter. Such reimbursement may be made, at rates not exceeding those prescribed by such regulations, for expenses incurred by such part-time magistrates for clerical and secretarial assistance, stationery, telephone and other communications services, travel, and such other expenses as may be determined

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to be necessary for the proper performance of the duties of such officers: Provided, however, That no reimbursement shall be made for all or any portion of the expense incurred by such part-time magistrates for the procurement of office space. " (a) Each United States magistrate serving under this chapter shall have within the territorial jurisdiction prescribed by his appointment— " (1) all powers and duties conferred or imposed upon United States commissioners by law or by the Rules of Criminal Procedure for the United States District Courts; ^s use app. "(2) the power to administer oaths and affirmations, impose conditions of release under section 3146 of title 18, and take so Stat. 214. acknowledgements, affidavits, and depositions; and "(3) the power to conduct trials under section 3401, title 18, United States Code, in conformity with and subject to the limi- Post, p. 1115. tations of that section. " (b) Any district court of the United States, by the concurrence of a majority of all the judges of such district court, may establish rules pursuant to which any full-time United States magistrate, or, where there is no full-time magistrate reasonably available, any parttime magistrate specially designated by the court, may be assigned within the territorial jurisdiction of such court such additional duties as are not inconsistent with the Constitution and laws of the United ^ ^sc^ preceding States. The additional duties authorized by rule may include, but are not restricted to— " (1) service as a special master in an appropriate civil action, pursuant to the applicable provisions of this title and the Federal Rules of Civil Procedure for the United States district courts; 28 USC app. "(2) assistance to a district judge in the conduct of pretrial or discovery proceedings in civil or criminal actions; and "(3) preliminary review of applications for posttrial relief made by individuals convicted of criminal offenses, and submission of a report and recommendations to facilitate the decision of the district judge having jurisdiction over the case as to whether there should be a hearing. " (c) The practice and procedure for the trial of cases before officers serving under this chapter, and for the taking and hearing of appeals to the district courts, shall conform to rules promulgated by the Supreme Court pursuant to section 3402 of title 18, United States Code. ^osf, p. 1116. " (d) In a proceeding before a magistrate, any of the following acts or conduct shall constitute a contempt of the district court for the district wherein the magistrate is sitting: (1) disobedience or resistance to any lawful order, process, or writ; (2) misbehavior at a hearing or other i^roceeding, or so nenr the place thereof as to obstruct the same; (3) failure to produce, after having been ordered to do so, any pertinent document; (4) refusal to appear after having been subpenaed or, upon appearing, refusal to take the oath or affirmation as ft witness, or, having taken the oath or affirmation, refusal to be examined according to law; or (5) any other act or conduct which if committed before a judge of the district court would constitute contempt of such court. Upon the commission of any such act or conduct, the magistrate shall forthwith certify the facts to a judge of the district court and may serve or cause to be served upon any person whose behavior is brought into question under this section an order requiring such person to appear before a judge of that court upon a day certain to show cause
 * § 636. Jurisdiction and powers

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why he should not be adjudged m contempt by reason of the facts so certified. A judge of the district court shall thereupon, in a summary manner, hear the evidence as to the act or conduct complained of and, if it is such as to warrant punishment, punish such person in the same manner and to the same extent as for a contempt committed before a judge of the court, or commit such person upon the conditions applicable in the case of defiance of the process of the district court or misconduct in the presence of a judge of that court. "§ 637. Training "The Federal Judicial Center shall conduct periodic training programs and seminars for both full-time and part-time United States magistrates, including an introductory training program for new magistrates, to be held within one year after initial appointment. "§ 638. Dockets and forms; United States Code; seals " (a) The Director shall furnish to United States magistrates adequate docket books and forms prescribed by the Director. The Director shall also furnish to each such officer a copy of the current edition of the United States Code. "(b) All property furnished to any such officer shall remain the property of the United States and, upon the termination of his term of office, shall be transmitted to his successor in office or otherwise disposed of as the Director orders. "(c) The Director shall furnish to each United States magistrate appointed under this chapter an official impression seal in a form prescribed by the conference. Each such officer shall affix his seal to every jurat or certificate of his official acts without fee. "§639. Definitions "As used in this chapter— "(1) 'Conference' shall mean the Judicial Conference of the United States; "(2) 'Council' shall mean the Judicial Council of the Circuit; "(3) 'Director' shall mean the Director of the Administrative Office of the United States Courts; " (4) 'Full-time magistrate' shall mean a full-time United States magistrate; "(5) 'Part-time magistrate' shall mean a part-time United States magistrate; and "(6) 'United States magistrate' and 'magistrate' shall mean both full-time and part-time United States magistrates." SEC. 102. (a) The item relating to United States commissioners contained in the chapter analysis of part III, title 28, United States Code, is amended to read as follows: "43. United States magistrates

631."

(b) The item relating to United States commissioners contained in the part and chapter analysis immediately following the title caption of title 28, United States Code, is amended to read as follows: "43. United States magistrates

631."'

TITLE II—ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS 62 Stat. 914.

SEC. 201. (a) Paragraph (9) of subsection (a) of section 604, title 28, United States Code, is amended by striking out the words "United States Commissioners", and inserting in lieu thereof the words "United States magistrates".

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(b) Section 604, title 28, United States Code, is amended by adding at the end thereof the following new subsections: " (d) The Director, under the supervision and direction of the conference, shall: "•(1) supervise all administrative matters relating to the offices of the Uiiited States magistrates; "(2) gather, compile, and evaluate all statistical and other information required for the performance of his duties and the duties of the conference with respect to such officers; "(3) lay before Congress annually statistical tables and other information which will accurately reflect the business which has come before the various United States magistrates; "(4) prepare and distribute a manual, with annual supplements and periodic revisions, for the use of such officers, which shall set forth their powers and duties, describe all categories of proceedings that may arise before them, and contain such other information as may be required to enable them to discharge their powers and duties promptly, effectively, and impartially. "(e) The Director may promulgate appropriate rules and regulations approved by the conference and not inconsistent with any provision of lavP7 to assist him in the performance of the duties conferred upon him by.subsection (d) of this section. Magistrates shall keep such records and make such reports as are specified in such rules and regulations".

1115 62 Stat. 914.

TITLE III — AMENDMENTS TO TITLE 18, UNITED STATES CODE TECHNICAL

AMENDMENTS

SEC. 301. (a) Except as otherwise specifically provided by this title, part II, title 18, United States Code (relating; to criminal pro- ^2 Stat. 813. cedure) is amended by: _ J^' ^^^  ^' (1) striking out the words "United States commissioner" wherever they appear therein, and inserting in lieu thereof the words "United States magistrate"; (2) striking out the words "United States commissioners" wherever they appear therein, and inserting in lieu thereof the words "United States magistrates"; (3) striking out the word "commissioner" wherever it appears in relation to a United States Commissioner, and inserting in lieu thereof the word "magistrate"; (4) striking out the word "Commissioners" wherever it appears in relation to United States commissioners, and inserting in lieu thereof the word "magistrates". (b) Section 202(a) of title 18, United States Code, is amended by ^^ ^tat. 1121. striking out words "or a part-time United States Commissioner", and inserting in lieu thereof the words "a part-time United States commissioner, or a part-time United States magistrate". (c) The chapter caption of chapter 219, part II, title 18, United ^2 Stat. 830. States Code, is amended to read as follows: "Chapter 219.—TRIAL BY UNITED STATES MAGISTRATES'' TRIAL BY

MAGISTRATES

SEC. 302. (a) Section 3401, title 18, United States Code, is amended to read as follows: " (a) When specially designated to exercise such jurisdiction by the district court or courts he serves, and under such conditions as may be
 * § 3401. Minor offenses; application of probation laws

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'•Minor

offenses.

43 Stat. 1074.

62 Stat. 694. 62 Stat. 831.

PUBLIC LAW 90-578-OCT. 17, 1968

[82 STAT.

imposed by the terms of the special designation, any United States magistrate shall have jurisdiction to try persons accused of, a)id sentence persons convicted of, minor offenses committed within that judicial district. "(b) Any person charged with a minor offense may elect, however, to be tried before a judge of the district court for the district in which the offense was committed. The magistrate shall carefully explain to the defendant that he has a right to trial before a judge of the district court and that he may have a right to trial by jury before such judge and shall not proceed to try the case unless the defendant, after such explanation, signs a written consent to be tried before the magistrate that specifically waives both a trial before a judge of the district court and any right to trial by jury that he may have. " (c) A magistrate who exercises trial jurisdiction under this section, and before whom a person is convicted or pleads either guilty or nolo contendere, may, with the approval of a judge of the district court, direct the probation service of the court to conduct a presentence investigation on that person and render a report to the magistrate prior to the imposition of sentence. " (d) The probation laws shall be applicable to i:)ersons tried by a magistrate under this section, and such officer shall have power to grant probation and to revoke or reinstate the probation of any person granted probation by him. "(e) Proceedings before United States magistrates under this section shall be taken down by a court reporter or recorded by suitable sound recording equipment. For purposes of appeal a copy of the record of such proceedings shall be made available at the expense of the United States to a person who makes affidavit that he is unable to pay or give security therefor, and the expense of such copy shall be paid by the Director of the Administrative Office of the United States Courts. " (f) As used in this section, the term 'minor offenses' means misdemeanors punishable under the laws of the United States, the penalty for which does not exceed imprisonment for a period of one year, or a line of not more than $1,000, or both, except that such term does not include any offense punishable under any of the following provisions of law: Section 102 of the Revised Statutes, as amended (2 U.S.C. 192); section 314(a) of the Federal Corrupt Practices Act, 1925 (2 U.S.C. 2 5 2 (a)); and sections 210, 211, 242, 594, 597, 599, 600, 601, 1304, 1504, 1508, 1509, 2234, 2235, and 2236 of title 18, United States Code." (b) Section 3402, title 18, United States Code, is amended to read as follows: "§ 3402. Rules of procedure; practice and appeal "In all cases of conviction by a United States magistrate an appeal of right shall lie from the judgment of the magistrate to a judge of the district court of the district in which the offense was committed. "The Supreme Court shall prescribe rules of procedure and practice for the trial of cases before magistrates and for taking and hearing of appeals to the judges of the district courts of the United States." (c) The item related to section 3401, title 18, United States Code, contained in the chapter analysis of chapter 219, title 18, United States Code, is amended to read as follows: "3401. Minor offenses; application of probation laws."

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1117

PRELIMINARY EXAMINATION

SEC. 303. (a) Section 3060, title 18, United States Code, is amended to read as follows: "§ 3060. Preliminary examination " (a) Except as otherwise provided by this section, a preliminary examination shall be held within the time set by the judge or magistrate pursuant to subsection (b) of this section, to determine whether there is probable cause to believe that an offense has been committed and that the arrested person has committed it. " (b) The date for the preliminary examination shall be fixed by the judge or magistrate at the initial appearance of the arrested person. Except as provided by subsection (c) of this section, or unless the arrested person waives the preliminary examination, such examination shall be held within a reasonable time following initial appearance, but in any event not later than— " (1) the tenth day following the date of the initial appearance of the arrested person before such officer if the arrestee! person is held in custody without any provision for release, or is held in custody for failure to meet the conditions of release imposed, or is released from custody only during specified hours of the day; or "(2) the twentieth day following the date of the initial appearance if the arrested person is released from custody under any condition other than a condition described in paragraph (1) of this subsection. "(c) With the consent of the arrested person, the date fixed by the judge or magistrate for the preliminary examination may be a date later than that prescribed by subsection (b), or may be continued one or more times to a date subsequent to the date initially fixed therefor. I n the absence of such consent of the accused, the date fixed for the preliminary hearing may be a date later than that prescribed by subsection (b), or may be continued to a date subsequent to the date initially fixed therefor, only upon the order of a judge of the appropriate United States district court after a finding that extraordinary circumstances exist, and that the delay of the preliminary hearing is indispensable to the interests of justice. " (d) Except as provided by subsection (e) of this section, an arrested person who has not been accorded the preliminary examination required by subsection (a) within the period of time fixed by the judge or magistrate in compliance with subsections (b) and (c), shall be discharged from custody or from the requirement of bail or any other condition of release, without prejudice, however, to the institution of further criminal proceedings against him upon the charge upon which he was arrested. "(e) No preliminary examination in compliance with subsection (a) of this section shall be required to be accorded an arrested person, nor shall such arrested person be discharged from custody or from the requirement of bail or any other condition of release pursuant to subsection (d), if at any time subsequent to the initial appearance of such person before a judge or magistrate and prior to the date fixed for the preliminary examination pursuant to subsections (b) and (c) an indictment is returned or, in appropriate cases, an information is filed against such person in a court of the United States. "(f) Proceedings before United States magistrates under this section shall be taken down by a court reporter or recorded by suitable sound

^2 Stat. mg.

"^

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[82 STAT.

recording- equipment. A copy of the record of such proceeding shall be made available at the expense of the United States to a person who makes affidavit that he is unable to pay or give security therefor, and the expense of such copy shall be paid by the Director of the Administrative Office of the United States Courts." (b) The item relating to section 3060 contained in the section analysis of chapter 203, title 18, United States Code, is amended to read as follows: "•3060. Preliminary examination."

TITLE IV—TRANSITIONAL PROVISIONS APPOINTMENT

OF MAGISTRATES

SEC. 401. (a) No individual may serve as a United States commissioner within any judicial district after the date on which a United States magistrate assumes office in such judicial district. (b) An individual serving as a United States commissioner within any judicial district on the date of enactment of this Act who is a member in good standing of the bar of the highest court of any State may be appointed to the office of United States magistrate for an initial term, and may be reappointed to,such office for successive terms, notwithstanding his failure to meet the bar membership qualification imposed by section 631(b)(1) of chapter 43, title 28, United States Ante, p. 1108. Code I Provided, however, That any appointment or reappointment of such an individual must be by unanimous vote of all the judges of the appointing district court or courts. APPLICABLE L A W

80 Stat. 565.

SEC. 402. (a) All provisions of law relating to the powers, duties, jurisdiction, functions, service, compensation, and facilities of United States commissioners, as such provisions existed on the day preceding the date of enactment of this Act, shall continue in effect in each judicial district until but not on or after (1) the date on which the first United States magistrate assumes office within such judicial district pursuant to section 631 of chapter 43, title 28, United States Code, as amended by this Act, or (2) the third anniversary of the date of enactment of this Act, whichever date is earlier. (b) On and after the date on which the first United States magistrate assumes office within any judicial district pursuant to section 631 of chapter 43, title 28, United States Code, as amended by this Act, or the third anniversary of the date of enactment of this Act, whichever date is earlier— (1) the provisions of chapter 43, title 28, United States Code, as amended by this Act, shall be effective within such judicial district except as otherwise specifically provided by section 401(b) of this title; and (2) within such judicial district every reference to a United States commissioner contained in any previously enacted statute of the United States (other than sections 8331(1)(E), 8332(i), 8701(a)(7), and 8901(1)(G) of title 5), any previously promulgated rule of any court of the United States, or any previously promulgated regulation of any executive department or agency of the United States, shall be deemed to be a reference to a United

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PUBLIC LAW 90-579-OCT. 17, 1968

States magistrate duly appointed under section 631 of chapter 43, title 28, United States Code, as amended by this Act. (c) The administrative powers and duties of the Director of the Administrative Office of the United States Courts with respect to United States commissioners under the provisions of chapter 41, title 28, United States Code, as such provisions existed on the day preceding the date of enactment of this Act, shall continue in effect until no United States commissioner remains in service.

1119 ^"'«' P- HOS.

^2 Stat. 913. 28 USC 601 et " seq. "" ""

EFFECTIVE DATE

SEC. 403. Except as otherwise provided by sections 401 and 402 of this title, this Act shall take effect on the date of its enactment. TITLE Y—SEVERABILITY SEC. 501. If any provision of this Act or the application thereof to any j^erson or circumstances is held invalid, the validity of the remainder of the Act and of its application to other persons and circumstances shall not be affected. Approved October 17, 1968.

Public Law 90-579 AN ACT To increase the*number and salaries of judges of the District of Columbia Court of General Sessions, the salaries of the District of Columbia Court of Appeals and the IMstrict of Columbia T a x Court, and for other purjwses.

October 17, 196J [S. 2439]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section D.C. courts. ll-902(a) of the District of Columbia Code is amended by striking out J^'^ges. "twenty*- and inserting in lieu thereof "twenty-two''. 8o^stat!'82t^'^' (b) Section ll-902(d) of the District of Columbia Code is amended 78 Stat. 431. by striking out "$24,000" and inserting in lieu thereof "$28,000", and by striking out "$23,500-' and inserting in lieu thereof "$27,500". SEC. 2. Section 11-702(d) of the District of Columbia Code is amended by. striking out "$25,000" and inserting in lieu thereof "$29,000", and by striking out "$24,500" and inserting in lieu thereof "$28,500''. SEC. 3. The first sentence of the second paragraph of section 2 of the District of Columbia Revenue Act of 1937, as amended (D.C. Code, sec. 47-2402), is amended by striking out "$23,500" and inserting in lieu thereof "$27,500''. SEC. 4. The amendments made by this Act shall take effect as of Effective date. October 1, 1968. Approved October 17, 1968.

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Public Law 90-580 October 17, 196b [H. R. 18707]

Department of Defense Appropriation Act, 1969.

AN ACT Alaking appropriations for the Department of Defense for the fiscal year ending June 30, 1969, and for other purposes.

Be it CTiacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1969, for military functions administered by the Department of Defense, and for other purposes, namely: TITLE I MILITARY PERSONNEL MILITARY PERSONNEL, A R M Y

For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Army on active duty (except members of reserve components provided for elsewhere); $8,000,000,000. MILITARY PERSONNEL, NAVY

For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Navy on active duty (except members of the Reserve provided for elsewhere), midshipmen, and aviation cadets; $4,235,000,000. MILITARY PERSONNEL, MARINE CORPS

For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Marine Corps on active duty (except members of the Reserve provided for elsewhere); $1,474,000,000. MILITARY PERSONNEL, A I R FORCE

For pay, allowance's, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Air Force on active duty (except members of reserve components provided for elsewhere), cadets, and aviation cadets; $5,680,000,000. RESERVE PERSONNEL, ARMY

70A Stat. 11; 81 Stat. 524.

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army Reserve on active duty under sections 265 and 3033 of title 10, United States Code, or while

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undeigoiii^ resene tmining or while performing drills or equivalent <luty, and for members of the Reserve Officers' Training Corps, as authorized by law; $287,200,000. RESERVE PERSONNEL, NAVY

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Naval Reserve on active duty under section 265 of title 10, United States Code, or while undergoing reserve training, or M'hile performing drills or equivalent duty, and for members of the Reserve Officers' Training Corps, as authorized by law; $125,000,000.

7OA Stat. n.

RESERVE PERSONNEL, MARINE CORPS

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Marine Corps Reserve and the Marine Corps platoon leaders class on active duty under section 265 of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, as authorized by law; $81,100,000. RESERVE PERSONNEL, A I R FORCE

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air Force Reserve on active duty under sections 265 or 8033 of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and for members of the Air Reserve Officers' Training Corps, as authorized by law; $71,800,000.

«^ ^'^'- " s -

NATIONAL GUARD PERSONNEL, A R M Y

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army National Guard while on duty under sections 265, 3033, or 3496 of title 10 or section 708 of title 82, United States Code, or while undergoing training or while si Stat. 524. performing drills or equivalent duty, as authorized by law; ^^7^°^ Stat. 198, $304,500,000: Provided, That obligations may be incurred under this appropriation without regard to section 107 of title 32, United States Code.

70A Stat. 599. NATIONAL GUARD PERSONNEL, A I R FORCE

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air National Guard on duty under sections 265, 8033, or 8496 of title 10 or section 708 of title 32, United States Code, or while undergoing training or while performing drills or equivalent duty, as authorized by law; $88,000,000: Provided, That obligations may be incurred under this appropriation without regard to section 107 of title 32, United States Code.

^^^ ^*^' S24.

RETIRED P A Y, DEFENSE

For retired pay and retirement pay, as authorized by law, of military personnel on the retired lists of the Army, Navy, Marine Corps, and the Air Force, including the reserve components thereof, retainer pay for personnel of the inactive Fleet Reserve, and payments under chapter 73 of title 10, United States Code; $2,275,000,000. 1446."^*^ ^^^^'

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TITLE II OPERATION AND MAINTENANCE OPERATION AND MAINTENANCE, ARMY

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Army, including administration; medical and dental care of personnel entitled thereto by law or regulation (including charges of private facilities for care of military personnel on duty or leave, except elective private treatment), and other measures necessary to protect the health of the Armv; care of the dead; chaplains' activities; awards and medals; welfare and recreation; recruiting expenses; transportation services; communications services; maps and similar data for military purposes; military surveys and engineering planning; repair of facilities; hire of passenger motor vehicles; tuition and fees incident to training of military personnel at civilian institutions; field exercises and maneuvers; expenses for the Reserve Officers' Training Corps and other units at educational institutions, as authorized by law; and not to exceed $4,690,000 for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Army, and payments may be made on his certificate of necessity for confidential military purposes, and his determination shall be final and conclusive upon the accounting officers of the (xovernment; $7,805,000,000, of which not less than $280,000,000 shall be available only for the maintenance of real property facilities. OPERATION AND MAINTENANCE, NAVY

70A Stat. 442.

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Navy and the Marine Corps, including aircraft and vessels; modification of aircraft, missiles, missile sysitems, and other ordnance; design of vessels; training and education of members of the Navy; administration; procurement of military personnel; hire of passenger motor vehicles; welfare and recreation; medals, a,Avards, emblems, and other insignia; transportation of things (including transportation of household effects of civilian employees); industrial mobilization; medical and dental care; care of the dead; charter and hire of ve^els; relief of vessels in distress; maritime salvage services; military communications facilities on merchant vessels; dissemination of scientific information; administration of patents, trademarks, and copyrights; annuity premiums and retirement benefits for civilian members of teaching services; tuition, allowances, and fees incident to training of military personnel at civilian institutions; repair of facilities; departmental salaries; conduct of schoolrooms, service clubs, chapels, and other instructional, entertainment, and welfare expenses for the enlisted men; procurement of services, special clothing, supplies, and equipment; installation of equipment in public or private plants; exploration, prospecting, conservation, development, use, and operation of the naval petroleum and oil shale reserves, as authorized by law; and not to exceed $14,000,000 for emergency and extraordinary expenses, as authorized by section 7202 of title 10, United States Code, to be expended on the approval and authority of the Secretary and his determination shall be final and conclusive upon the accounting officers of the Government; $5,356,200,000, of which not less than $155,600,000 shall be available only for maintenance of real property facilities, and not to exceed $1,490,000 may be transferred to the appropriation for "Salaries and expenses", Environmental Science Services Administration, Department of Commerce, for the current fiscal year for the operation of ocean weather stations.

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PUBLIC LAW 90-580-OCT. 17, 1968 OPERATION AND MAINTENANCE, MARINE

1123 C\iRrs

For expenses, necessary for the operation and maintenance of the Marine Corps including equipment and facilities; procurement of militar}^ personnel; training and education of regular and reserve }7ersonnel, including tuition and other costs incurred at civilian schools; welfare and recreation; conduct of schoolrooms, service clubs, chapels, and other instructional, entertainment, and welfare expenses for the enlisted men; procurement and manufacture of military supplies, equipment, and clothing; hire of passenger motor vehicles; transportation of things; medals, awards, emblems, and other insignia; operation of station hospitals, dispensaries and dental clinics; and departmental salaries; $435,700,000, of which not less than $22,661,000 shall be available only for the maintenance of real proj^erty facilities. OPERATION AND MAINTENANCE, A I R FORCE

For expenses, not otherwise provided for, necessary for the operation, maintenance, and administration of the Air Force, including the Air Force Reserve and the Air Reserve Officers' Training Corps; operation, maintenance, and modification of aircraft and missiles; transportation of things; repair and maintenance of facilities; field printing plants; hire of passenger motor vehicles; recruiting advertising expenses; training and instruction of military personnel of the Air Force, including tuition and related expenses; pay, allowances, and travel expenses of contract surgeons; repair of private property and other necessary expenses of combat maneuvers; care of the dead; chaplain and other welfare and morale supplies and equipment; conduct of schoolrooms, service clubs, chapels, and other instructional, entertainment, and welfare expenses for enlisted men and patients not otherwise provided for; awards and decorations; industrial mobilization, including maintenance of reserve plants and equipment and procurement planning; special services by contract or otherwise; and not to exceed $3,311,000 for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Air Force, and payments may be made on his certificate of necessity for confidential military purposes, and his determination shall be final and conclusive upon the accounting officers of the Government; $6,551,000,000, of which not less than $250,000,000 shall be available only for the maintenance of real property facilities, and not to exceed $210,000 may be transferred to the appropriation for "Salaries and expenses*'. Environmental Science Services Administration, Department of Commerce, for the current fiscal year, for the operation of the Marcus Island upper-air station. OPERATION AND MAINTENANCE, DEFENSE AGENCIES

For expenses, not otherwise provided for, necessary for the operation and maintenance of activities and agencies of the Department of Defense (other than the military departments and the Office of Civil Defense), including administration; hire of passenger motor vehicles; welfare and recreation; awards and decorations; travel expenses, including expenses of temporary duty travel of military personnel; transportation of things (including transportation of household effects of civilian employees); industrial mobilization; care of the dead; dissemination of scientific information; administration of patents, trademarks, and copyrights; tuition and fees incident to the training of military personnel at civilian institutions; repair of facilities; departmental salaries; procurement of services, special clothing, supplies, and equipment; field printing plants; information and educational services for the Armed Forces; communications services; and

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not to exceed $3,390,500 for emergency and extraordinary expenses, to be expended on the approval or authority of the Secretary of Defense for such purposes as he deems appropriate, and his determination thereon shall be final and conclusive upon the accounting officers of the Government; $1,036,800,000, of which not less than $13,721,000 shall be available only for the maintenance of real property facilities. OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

70A Stat. 614.

70A Stat. 599.

For expenses of training, organizing, and administering the Army National Guard, including maintenance, operation, and repairs to structures and facilities; hire of passenger motor vehicles; personal services in the National Guard Bureau and services of personnel of the National Guard employed as civilians without regard to their military rank, and the number of caretakers authorized to be employed under provisions of law (32 U.S.C. 709), and those necessary to provide reimbursable services for the military departments, may be such as i.s deemed necessary by the Secretary of the Army; travel expenses (other than mileage), as authorized by law for Army personnel on active duty, for Army National Guard division, regimental, and battalion commanders while inspecting units in compliance with National Guard regulations when specifically authorized by the Chief, National Guard Bureau; supplying and equipping the Army National Guard of the several States, Commonwealth of Puerto Rico, and the District of Columbia, as authorized by law; and expenses of repair, modification, maintenance, and issue of.supplies and equipment (including aircraft); $264,664,000, of which not less than $1,900,000 shall be available only for the maintenance of real property facilities: Provided, That obligations may be incurred under this appropriation without regard to section 107 of title 32, United States Code. OPERATION AND MAINTENANCE, A I R NATIONAL GUARD

For operation and maintenance of the Air National Guard, including medical and hospital treatment and related expenses; maintenance, operation, repair, and other necessary expenses of facilities for the training and administration of the Air National Guard, including repair of facilities, maintenance, operation, and modification of aircraft; transportation of things; hire of passenger motor vehicles; supplies, materials, and equipment, as authorized by law for the Air National Guard of the several States, Commonwealth of Puerto Rico, and the District of Columbia; and expenses incident to the maintenance and use of supplies, materials, and equipment, including such as may be furnished from stocks under the control of agencies of the Department of Defense; travel expenses (other than mileage) on the same basis as authorized by law for Air National Guard personnel on active Federal duty, of Air National Guard commanders while inspecting units in compliance with National Guard regulations when specifically authorized by the Chief, National Guard Bureau; $267,000,000, of which not less than $2,750,000 shall be available only for the maintenance of real property facilities: Provided, That the number of caretakers authorized to be employed under the provisions of law (32 U.S.C. 709) may be such as is deemed necessary by the Secretary of the Air Force and such caretakers may be employed without regard to their military rank as members of the Air National Guard: Provided further, That obligations may be incurred under this appropriation without regard to section 107 of title 32, United States C^de.

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1125

CLAIMS, DEFENSE

For payment, not otherwise provided for, of claims authorized by law to be paid by the Department of Defense (except for civil functions), including claims for damages arising under training contracts with carriers, and repayment of amounts determined by the Secretary concerned, or officers designated by him, to have been erroneously collected from military and civilian personnel of the Department of Defense, or from States, territories, or the District of Columbia, or members of National Guard units thereof; $38,000,000. CONTINGENCIES, DEFENSE

For emergencies and extraordinary expenses arising in the Department of Defense, to be expended on the approval or authority of the Secretary of Defense and such expenses may be accounted for solely on his certificate that the expenditures were necessary for confidential military purposes; $10,000,000: Provided, That a report of disburse- Report to ments under this item of appropriation shall be made quarterly to Congress. Congress. COURT OF MILITARY APPEALS, DEFENSE

For salaries and expenses necessary for the Court of Military Appeals; $636,000. TITLE III—PKOCUREMENT PROCUREMENT OF EQUIPMENT AND MISSILES, A R M Y

For expenses necessary for the procurement, manufacture, and modification of missiles, armament, ammunition, equipment, vehicles, vessels, and aircraft for the Army and the Reserve Officers' Training Corps; purchase of not to exceed four thousand seven hundred and twenty-four passenger motor vehicles (including seven medium sedans at not to exceed $3,000 each) for replacement only; expenses which in the discretion of the Secretary of the Army are necessary in providing facilities for production of equipment and supplies for national defense purposes, including construction, and the furnishing of Government-owned facilities and equipment at privately owned plants; and ammunition for military salutes at institutions to which issue of weapons for salutes is authorized; $5,031,400,000, and in addition, $510,000,000, of which $360,000,000 shall be derived by transfer from the Army stock fund and $150,000,000 shall be derived by transfer from the Defense stock fund, to remain available until expended: Provided, That funds available under this heading shall be available to the extent of $284,600,000 without regard to prior provisions relating to the Nike-X antiballistic missile system. PROCUREMENT OF AIRCRAFT AND MISSILES, NAVY

For construction, procurement, production, modification, and modernization of aircraft, missiles, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants, including the land necessary therefor, and such lands, and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title by the Attorney General as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public or private plants; $2,574,300,000, and in addition, $440,000,000, of which $375,000,000 shall be derived by transfer from the Navy stock fund and $65,000,000 shall be derived by transfer from the Defense stock fund, to remain available until expended.

'•° ^^^ ^ss.

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SHIPBUILDING AND CONVERSION, NAVY

40 USC 255.

For expenses necessary for the construction, acquisition, or conversion of vessels as authorized b ^ law, including armor and armament thereof, plant equipment, appliances, and machine tools, and installation thereof in public or private plants; procurement of critical, long leadtime components and designs for vessels to be constructed or converted in the future; and expansion of public and private plants, including land necessary therefor, and such land, and interests therein, may be acquired and construction prosecuted thereon prior to approval of title by the Attorney General as required by section 355, Revised Statutes, as amended; $820,700,000, to remain available until expended: Provided, That none of the funds herein provided for the construction or conversion of any naval vessel to be constructed in shipyards in the United States shall be expended in foreign shipyards for the construction of major components of the hull or superstructure of such vessel: Provided further, That none of the funds herein provided shall be used for the construction of any naval vessel in foreign shipyards. OTHER PROCUREMENT, NAVY

For procurement, production, and modernization of support equipment, and materials not otherwise provided for. Navy ordnance and ammunition (except ordnance for new aircraft, new ships, and ships authorized for conversion), purchase of not to exceed one thousand one hundred and fifty-eight passenger motor vehicles (including seven medium sedans at not to exceed $3,000 each) for replacement only; alteration of vessels and necessary design therefor; expansion of public and private plants, including the land necessary therefor, and such lands, and interests therein may be acquired, and construction prosecuted thereon prior to approval of title by the Attorney General as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public or private plants; $2,505,600,000, to remain available until expended. PROCUREMENT, MARINE CORPS

For expenses necessary for the procurement, manufacture, and modification of missiles, armament, ammunition, military equipment, spare parts, and accessories therefor; plant equipment, appliances, and machine tools, and installation thereof in public or private plants, and vehicles for the Marine Corps, including purchase of not to exceed two hundred and seventy-four passenger motor vehicles (including three medium sedans at not to exceed $3,000 each) of which two hundred and fifty shall be for replacement only; $670,000,000, and in addition, $10,000,000 which shall be derived by transfer from the Defense stock fund, to remain available until expended. AIRCRAFT PROCUREMENT, A I R FORCE

70A Stat. 590.

For construction, procurement, and modification of aircraft, and equipment, including armor and armament, specialized ground handling equipment, and training devices, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants. Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land without regard ^Q section 9774 of title 10, United States Code, for the foregoing purposes, and such land, and interests therein, may be acquired and construction prosecuted thereon prior to the approval of title by the

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Attorney General as required by section 355, Revised Statutes, as amended; reserve plant and equipment layaway; and other expenses necessary for the foregoing purposes, including rents and transportation of things; and $55,000,000 of the funds available under this head shall be available only for the F-12 aircraft program; $3,860,000,000, and, in addition, $600,000,000, of which $525,000,000 shall be derived by transfer from the Air Force stock fund and $75,000,000 shall be derived by transfer from the Defense stock fund, to remain available until expended.

1127 '^o use 255.

MISSILE PROCUREMENT, A I R FORCE

For construction, procurement, and modification of missiles, rockets, and related equipment, including spare parts and accessories therefor, ground handling equipment, and training devices; expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land without regard to section 9774 of title 10, United States Code, for the foregoing purposes, and such land, and interests therein, may be acquired and construction prosecuted thereon prior to the approval of title by the Attorney General as required by section 355, Revised Statutes, as amended; reserve plant and equipment layaway; and other expenses necessary for the foregoing purposes, including rents and transportation of things; $1,720,200,000, to remain available until expended. OTHER PROCUREMENT, A I R FORCE

For procurement and modification of equipment (including ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and spare parts therefor, not otherwise provided for; the purchase of not to exceed one thousand five hundred and twenty passenger motor vehicles (including eleven medium sedans at not to exceed $3,000 each) for replacement onlj^; and expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land without regard to section 9774 of title 10, United States Code, for the foregoing purposes, and such land, and interests therein, may be acquired and construction prosecuted thereon prior to the approval of title by the Attorney General as required by section 355, Revised Statutes, as amended; $2,718,000,000, to remain available until expended. PROCUREMENT, DEFENSE AGENCIES

For expenses of activities and agencies of the Department of Defense (other than the military departments and the Office of Civil Defense) necessary for procurement, production, and modification of equipment, supplies, materials, and spare parts therefor, not otherwise provided for; purchase of one hundred and seventy-four passenger motor vehicles for replacement only (including two medium sedans at not to exceed $3,000 each); expansion of public and private plants, equipment and installation thereof in such plants, erection of structures, and acquisition of land for the foregoing purposes, and such land and interest therein may be acquired and construction prosecuted thereon prior to the approval of title by the Attorney General as required by section 355, Revised Statutes, as amended; $81,700,000, to remain available until expended.

96-600 O - 69 - 74

7OA Stat. 590.

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[82 STAT.

TITLE IV KESEARCH, DEVELOPMENT, TEST, AND EVALUATION RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, A R M Y

For expenses necessary for basic and applied scientific research, development, test, and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by lavs^; $1,522,665,000, to remain available until expended. RESEARCH, DEVEIX)PMENT, TEST, AND EVALUATION, NAVY

For expenses necessary for basic and applied scientific research, development, test, and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by lavr; $2,141,339,000, to remain available until expended. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, A I R FORCE

For expenses necessary for basic and applied scientific research, development, test, and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $3,364,724,000, to remain available until expended. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, DEFENSE AGENCIES

Transfer of funds.

For expenses of activities and agencies of the Department of Defense (other than the military departments and the Office of Civil Defense), necessary for basic and applied scientific research, development, test, and evaluation; advanced research projects as may be designated and determined by the Secretary of Defense, pursuant to law; maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law, to remain available until expended; $472,600,000: Provided, That such amounts as may be determined by the Secretary of Defense to have been made available in other appropriations available to the Department of Defense during the current fiscal year for programs related to advanced research may be transferred to and merged with this appropriation to be available for the same purposes and time period: Provided further, That such amounts of this appropriation as may be determined by the Secretary of Defense may be transferred to carry out the purposes of advanced research to those appropriations for military functions under the Department of Defense which are being utilized for related programs, to be merged with and to be available for the same time period as the appropriation to which transferred. EMERGENCY F U N D, DEFENSE

For transfer by the Secretary of Defense, with the approval of the Bureau of the Budget, to any appropriation for military functions under the Department of Defense available for research, development, test, and evaluation, or procurement or production related thereto, to be merged with and to be available for the same purposes, and for the same time period, as the appropriation to which transferred; $50,000,000, and, in addition, not to exceed $150,000,000, to be used upon determination by the Secretary of Defense that such funds can be wisely, profitably, and practically used in the interest of national defense and to be derived by transfer from such appropriations avail-

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1129

able to the Department of Defense for obligation during the current fiscal year as the Secretary of Defense may designate: Provided, That any appropriations transferred shall not exceed 7 per centum of the appropriation from which transferred. TITLE V GENERAL PROVISIONS SEC. 501. During the current fiscal year, the Secretary of Defense Experts or and the Secretaries of the Amtiy, Navy, and Air Force, respectively, consultants. if they should deem it advantageous to the national defense, and if in their opinions the exi.sting facilities of the Department of Defense are inadequate, are authorized to procure services in accordance with 5 U.S.C. 3109, under regulations prescribed by the Secretary of Defense, 80 Stat. 416. and to pay in connection therewith travel expenses of individuals, including actual transportation and per diem in lieu of subsistence while traveling from their homes or places of business to official duty station and return as may be authorized by law: Provided, That such contracts may be renewed annually. SEC. 502. During the current fiscal year, provisions of law pro- Employment of hibiting the payment of compensation to, or employment of, any per- n o n c i t i z e n s. son not a citizen of the United States shall not apply to personnel of the Department of Defense. SEC. 503. Appropriations contained in this Act shall be available for Appropriations, insurance of official motor vehicles in foreign countries, when required avaiiabiuty by laws of such countries; payments in advance of expenses determined by the investigating officer to be necessary and in accord with local custom for conducting investigations in foreign countries incident to matters relating to the activities of the department concerned; reimbursement of General Services Administration for security guard services for protection of confidential files; reimbursement of the Federal Bureau of Investigation for expenses in connection with investigation of defense contractor personnel; and all necessary expenses, at the seat of government of the United States of America or elsewhere, in connection with communication and other services and supplies as may be necessary to carry out the purposes of this Act: Provided, That no appropriation contained in this Act, and no funds available from prior appropriations to component departments and agencies of the Department of Defense, shall be used to pay tuition or to make other payments to educational institutions in connection with the instruction or training of file clerks, stenographers, and typists receiving, or prospective file clerks, stenographers, and typists who will receive compensation at a rate below the minimum rate of pay for positions allocated to grade GS-5 under the Classification Act of 1949, as amended. 5 USC 5332 note. SEC. 504. Any appropriation available to the Army, Navy, or the Prisoners of Air Force may, under such regulations as the Secretary concerned war, etc may prescribe, be used for expenses incident to the maintenance, pay, and allowances of prisoners of war, other persons in Army, Navy, or Air Force custody whose status is determined by the Secretary concerned to be similar to prisoners of war, and persons detained in such custody pursuant to Presidential proclamation. SEC. 505. Appropriations available to the Department of Defense Land acquifor the current fiscal year for maintenance or construction shall be sition. available for acquisition of land as authorized by section 2672 of 72 Stat. 1459; title 10, United States Code. 76 Stat. 511SEC. 506. Appropriations for the Department of Defense for the cur- D e p e n d e n t s ' rent fiscal year shall be available, (a) except as authorized by the schooling. Act of September 30, 1950 (20 U.S.C. 236-244), for primary and 7/stat"27-'"°' secondary schooling for minor dependents of military and civilian si Stat. 783. personnel of the Department of Defense residing on military or naval

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Page:United States Statutes at Large Volume 82.djvu/1172

 1130 70A Stat. 442.

Occupied a r e a s.

Deficiency judgments. Leasing.

56 Stat. 654. To o l s, mainAccess roads. 72 Stat. 908. Milk program. 68 Stat. 900; il Stat. 464.

Articles for prisoners, etc.

Assistance to small b u s i n e s s.

PUBLIC LAW 90-580-OCT. 17, 1968

[82 STAT.

installations or stationed in foreign countries, as authorized for the Navy by section 7204 of title 10, United States Code, in amounts not exceeding $112,400,000, when the Secretary of the Department concerned finds that schools, if any, available in the locality, are unable to provide adequately for the education of such dependents; (b) for expenses in connection with administration of occupied areas; (c) for payment of rewards as authorized for the Navy by section 7209(a) of title 10, United States Code, for information leading to the discovery of missing naval property or the recovery thereof; (d) for payment of deficiency judgments and interests thereon arising out of condemnation proceedings; (e) for leasing of buildings and facilities including payment of rentals for special purpose space at the seat of government and, in the conduct of field exercises and maneuvers or, m administering the provisions of 43 U.S.C. 315q, rentals may be paid in advance; (f) payments under contracts for maintenance of tools and facilities for twelve months beginning at any time during the fiscal year; (g) maintenance of Defense access roads certified as important to national defense in accordance with section 210 of title 23, United States Code; (h) for the purchase of milk for enlisted personnel of the Department of Defense heretofore made available pursuant to section 1446a, title 7, United States Code, and the cost of milk so purchased, as determined by the Secretary of Defense, shall be included in the value of the commuted ration; (i) transporting civilian clothing to the home of record of selective service inductees and recruits on entering the military services; (j) payments under leases for real or personal property for twelve months beginning at any time during the fiscal year. SEC. 507. Appropriations for the Department of Defense for the current fiscal year shall be available for: (a) donations of not to exceed $25 to each prisoner upon each release from confinement in military or contract prison and to each person discharged for fraudulent enlistment; (b) authorized issues of articles to prisoners, applicants for enlistment and persons in military custody; (c) subsistence of selective service registrants called for induction, applicants for enlistment, prisoners, civilian employees as authorized by law, and supernumeraries when necessitated by emergent military circumstances; (d) reimbursement for subsistence of enlisted personnel while sick in hospitals; (e) expenses of prisoners confined in nonmilitary facilities; (f) military courts, boards, and commissions; (g) utility services for buildings erected at private cost, as authorized by law, and buildings on military reservations authorized by regulations to be used for welfare and recreational purposes; (h) exchange fees, and losses in the accounts of disbursing officers or agents in accordance with law; (i) expenses of Latin-American cooperation as authorized for the Navy by law (10 U.S.C. 7208); and (j) expenses of apprehension and delivery of deserters, prisoners, and members absent without leave, including payment of rewards of not to exceed $25 in any one case. SEC. 508. Insofar as practicable, the Secretary of Defense shall assist American small business to participate equitably in the furnishing of commodities and services financed with funds appropriated under this Act by making available or causing to be made available to suppliers in the United States, and particularly to small independent enterprises, information, as far in advance as possible, with respect to purchases proposed to be financed with funds appropriated under this Act, and by making available or causing to be made available to purchasing and contracting agencies of the Department of Defense information as to commodities and services produced and furnished by small independent enterprises in the United States, and by otherwise helping to give small business an opportunity to participate in the furnishing of commodities and services financed with funds appropriated by this Act.

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SEC. 50&, No appropriation contained in this Act shall be available Mess operations. for expenses of operation of messes (other than organized messes the operating expenses of which are financed principally from nonappropriated funds) at which meals are sold to officers or civilians except under regulations approved by the Secretary of Defense, which shall (except under unusual or extraordinary circumstances) establish rates for such meals sufficient to provide reimbursement of operating expenses and food costs to the appropriations concerned: Provided, That officers and civilians in a travel status receiving a per diem allowance in lieu of subsistence shall be charged at the rate of not less than $2.50 per day: Provided further. That for the purposes of this section payments for meals at the rates established hereunder may be made in cash or by deduction from the pay of civilian employees: Provided further. That members of organized nonprofit youth groups sponsored at either the national or local level, when extended the privilege of visiting a military installation and permitted to eat in the general mess by the commanding officer of the installation, shall pay the commuted ration cost of such meal or meals. SEC. 510. No part of any appropriation contained in this Act shall be available until expended unless expressly so provided elsewhere in this oi some other appropriation Act. SEC. 511. Appropriations of the Department of Defense available Reimbursable for operation and maintenance, may be reimbursed during the current 3pp'-°p"ati°"s. fiscal year for all expenses involved in the preparation for disposal and for the disposal of military supplies, equipment, and materiel, and for all expenses of production of lumber or timber products pursuant to section 2665 of title 10, United States Code, from amounts 7OA Stat. 149. received as proceeds from the sale of any such property: Provided., That a report of receipts and disbursements under this limitation Report to shall be made quarterly to Congress: Provided further., That no funds ^°"eress. available to agencies of the Department of Defense shall be used for the operation, acquisition, or construction of new facilities or equipment for new facilities in the continental limits of the United States for metal scrap baling or shearing or for melting or sweating aluminum scrap unless the Secretary of Defense or an Assistant Secretary of Defense designated by him determines, with respect to each facility involved, that the operation of such facility is in the national interest. SEC. 512. (a) During the current fiscal year, the President may Apportionment of exempt appropriations, funds, and contract authorizations, available ^""'^^' exemption. for military functions under the Department of Defense, from the provisions of subsection (c) of section 3679 of the Revised Statutes, as amended, whenever he deems such action to be necessary in the ^i use ees. interests of national defense. (b) Upon determination by the President that such action is Airborne aiert necessary, the Secretary of Defense is authorized to provide for the ^''P®"^^^cost of an airborne alert as an excepted expense in accordance with the provisions of Revised Statutes 3732 (41 U.S.C. 11). (c) Upon determination by the President that it is necessary to increased increase the number of military personnel on active duty beyond "^iiit^'-y personnel, the number for which funds are provided m this Act, the Secretary of Defense is authorized to provide for the cost of such increased military personnel, as an excepted expense in accordance with the provisions of Revised Statutes 3732 (41 U.S.C. 11). (d) The Secretary of Defense shall immediately advise Congress Report to of the exercise of any authority granted in this section, and shall c°"eress. report monthly on the estimated obligations incurred pursuant to subsections (b) and (c).

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Page:United States Statutes at Large Volume 82.djvu/1174

 1132 Commissary stores.

Free utilities outside U.S. and in Alaska.

Proficiency flying.

76 Stat. 4 6 1.

Household goods.

Vessels, transfer.

Legal training, restriction.

PUBLIC LAW 90-580-OCT. 17, 1968

[82 STAT.

SEC. 513. No appropriation contained in this Act shall be available in connection with the operation of commissary stores of the agencies of the Department of Defense for the cost of purchase (including commercial transportation in the United States to the place of sale but excluding all transportation outside the United States) and maintenance of operating equipment and supplies, and for the actual or estimated cost of utilities as may be furnished by the Government and of shrinkage, spoilage, and pilferage of merchandise under the control of such commissary stores, except as authorized under regulations promulgated by the Secretaries of the military departments concerned, with the approval of the Secretary of Defense, which regulations shall provide for reimbursement therefor to the appropriations concerned and, notwithstanding any other provision of law, shall provide for the adjustment of the sales prices in such commissary stores to the extent necessary to furnish sufficient gross revenue from sales of commissary stores to make such reimbursement: Provided, That under such regulations as may be issued pursuant to this section all utilities may be furnished without cost to the commissary stores outside the continental United States and in Alaska: Provided further, That no appropriation contained in this Act shall be available in connection with the operation of commissary stores within the continental United States unless the Secretary of Defense has certified that items normally procured from commissary stores are not otherwise available at a reasonable distance and a reasonable price in satisfactory quality and quantity to the military and civilian employees of the Department of Defense. SEC. 514. Notwithstanding any other provision of law, Executive order, or regulation, no part of the appropriations in this Act shall be available for any expenses of operating aircraft under the jurisdiction of the Armed Forces for the purpose of proficiency flying except in accordance with the regulations issued by the Secretaries of the Departments concerned and approved by the Secretary of Defense which shall establish proficiency standards and maximum and minimum flying hours for this purpose: Provided, That without regard to any provision of law or Executive order prescribing minimum flight requirements, such regulations may provide for the payment of flight pay at the rates prescribed in section 301 of title 37, United States Code, to certain members of the Armed Forces otherwise entitled to receive flight pay during the current fiscal year (1) who have held aeronautical ratings or designations for not less than fifteen years, or (2) whose particular assignment outside the United States or in Alaska makes it impractical to participate in regular aerial flights. SEC. 515. No part of any appropriation contained in this Act shall be available for expense of transportation, packing, crating, temporary storage, drayage, and unpacking of household goods and personal effects in any one shipment having a net weight in excess of thirteen thousand five hundred pounds. SEC. 516. Vessels under the jurisdiction of the Department of Commerce, the Department of the Army, Department of the Air Force, or the Department of the Navy may be transferred or otherwise made available without reimbursement to any such agencies upon the request of the head of one agency and the approval of the agency having jurisdiction of the vessels concerned. SEC. 517. None of the funds provided in this Act shall be available for training in any legal profession nor for the payment of tuition for training in such profession: Provided, That this limitation shall not apply to the off-duty training of military personnel as prescribed by section 521 of this Act.

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