AMENDMENT OF FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949
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Document Creation Date:
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Publication Date:
April 10, 1958
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5666
CONGRESSIONAL RECORD ? SENATE
The bill was Ordered to be engrossed
for a third reading, read the third time,
and passed.
ANDROULA NEOFITOS STEPHANON
The Senate proceeded to consider the
bill (S. 461) for the relief of Androula
Neofitos Stephanon, which had been re-
ported from the Committee on the
Judiciary, with an amendment, in line 8,
after the word "fee", to insert a colon
and "Provided, That the natural parents
of Androula Neofitos Stephanon
(Androula Kyriacou Stephanou) shall
not, by virtue of such parentage, be ac-
corded any right, privilege, or status
under the Immigration and Nationality
Act."; so as to make the bill read:
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled, That, for
the purposes of the Immigration and Na-
tionality Act, Androula Neofitos Stephanon
(Androula Kyriacou Stephanou) shall be
held and considered to have been lawfully
admitted to the United States for permanent
residence as of the date of the enactment of
this Act upon payment of the required visa
fee: Provided, That the natural parents of
Androula Neofitos Stephanon (Androula
Kyriacou Stephanou) shall not, by virtue of
such parentage, be accorded any right,
privilege, or status under the Immigration
and Nationality Act.
The amendment was agreed to.
The bill was ordered to be engrossed
for a third reading, read the third time,
and passed.
GRACE C. REAM
The Senate proceeded to consider the
bill (S. 634) for the relief of Grace C.
Ream, which had been reported from
the Committee on the Judiciary, with
an amendment on page 1, line 9, after
"March 21,", to strike out "1956" and in-
sert "1957"; so as to make the bill read:
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled, That Grace
C. Ream of Washington, District of Colum-
bia, an employee of the Department of the
Air Force, is hereby relieved of all liability
for repayment to the United States of the
sum of $651.96, representing overpayment of
salary paid to her as the result of an ad-
ministrative error which occurred when her
salary was adjusted retroactively, on March
21, 1957, on the basis of her previous em-
ployment in the legislative branch of the
Government.
SEC. 2. The Secretary of the Treasury is
authorized and directed to pay, out of any
money in the Treasury not otherwise appro-
priated, to the said Grace C. Ream, the sum
of any amounts received or withheld from
her on account of the overpayment referred
to in the first section of this Act.
The amendment was agreed to.
The bill was ordered to be engrossed
for a third reading, read the third time,
and passed.
ARIE ABRAMOVICH
The Senate proceeded to consider the
bill (S. 701) for the relief of Arie Abram-
ovich, which had been reported from the
Committee on the Judiciary with an
amendment on page 1, line 11, after the
word "available", to insert a colon and
"Provided, That nothing in this Act shall
be construed to waive the provisions of
section 315 of the'lmmigration and Na-
tionality Act."; so as to make the bill
read:
Be it enacted by the Senate and House of
Representatives of the United States of Amer-
ica in Congress assembled, That, for the pur-
poses of the Immigration and Nationality Act,
Arie Abramovich shall be held and consid-
ered to have been lawfully admitted to the
United States for permanent residence as of
the date of the enactment of this Act, upon
payment of the required visa fee. Upon the
granting of permanent residence to such
alien as provided for in this Act, the Secre-
tary of State shall instruct the proper qouta-
control officer to deduct one number from
the appropriate quota for the first year that
such quota is available; Provided, That noth-
ing in this Act shall be construed to waive
the provisions of section 315 of the Immigra-
tion and Nationality Act.
The amendment was agreed to.
The bill was ordered to be engrossed
for a third reading, read the third time,
and passed.
HARVEY HIROAKI HORIUCHI
The Senate proceeded to consider the
bill (S. 1143) for the relief of Harvey
Hiroaki Horiuchi, which had been re-
ported from the Committee on the Judi-
ciary, with amendments, in line 6, after
the word "August", to insert "18", and,
in line 7, after the word "fee", to insert
"and head tax", so as to make the bill
read:
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled, That, for the
purposes of the Immigration and Nationality
Act, Harvey Hiroaki Horiuchi shall be held
and considered to have been lawfully ad-
mitted to the United States for permanent
residence as of August 18, 1951, upon pay-
ment of the required visa fee and head tax.
Upon the granting of permanent residence
to such alien as provided for in this Act,
the Secretary of State shall instruct the
proper quota-control officer to deduct one
number from the appropriate quota for the
first year that such quota is available.
The amendments were agreed to.
The bill was ordered to be engrossed
for a third reading, read the third time,
and passed.
ELIZABETH LUCIE LEON
The bill (H.R. 2589) for the relief of
Elizabeth Lucie Leon (also known as
Lucie Noel) was announced as next in
order.
The PRESIDING OFFICER. Is there
objection to the present consideration of
the bill?
There being no objection, the Senate
proceeded to consider the bill.
Mr. HART. Mr. President, I offer an
amendment which I ask to have stated.
The PRESIDING OFFICER. The
amendment will be stated for the in-
formation of the Senate.
The LEGISLATIVE CLERK. On line 8,
after "naturalization," it is proposed to
Insert "and to be naturalized".
The PRESIDING OFFICER. Without
objection, the amendment is agreed to.
The amendment was ordered to be en-
grossed, and the bill read a third time.
The bill was read the third time, and
passed.
April 10
COMMEMORATION OF THE 100TH
ANNIVERSARY OF THE CIVIL WAR
_ The joint resolution (S.J. Res. 61) to
amend Public Law 305 of the 85th Con-
gress relative to the establishment of a
commission to commemorate the 100th
anniversary of the Civil War, to author-
ize the manufacture and sale of a Civil
War Centennial Medal was considered,
ordered to be engrossed for a third read-
ing, read the third time, and passed, as
follows:
Resolved by the Senate and House of Rep-
resentatives of the United States of America
in Congress assembled, That section 5 of the
Act of September 7, 1957 (71 Stat. 627; 36
U.S.C. 745) , is hereby amended by adding at
the end thereof the following new subsection;
"(d) The Secretary of the Treasury is au-
thorized and directed to prepare designs,
models, and dies for a commemorative medal
with suitable emblems, devices, and inscrip-
tions to be determined by the Commission,
with the approval of the Secretary of the
Treasury, and to strike and furnish to the
Commission medals in such numbers, not less
than one thousand at one time, as the Com-
mission may request during the calendar
years 1961 through 1965. Such designs,
models, dies, and medals shall be furnished
to the Commission at not less than the esti-
mated cost of manufacture including labor,
materials, use of machinery, and overhead
expenses, and may be sold by the Commis-
sion at cost or at a premium. Such medals
shall be considered to be national medals
within the meaning of section 3551 of the
Revised Statutes (31 U.S.C. 368). The cost
of the designs, models, dies, and medals shall
be payable from, and the proceeds of the
sales of the medals shall be reimbursed to,
the appropriation then current for the ex-
penses of the Commission, and the proceeds
shall be available for the purposes of this
Act."
AMENDMENT OF FEDERAL PROP-
ERTY AND ADMINISTRATIVE
SERVICES ACT OF 1949
The bill (S. 900) to amend section 204
(a) of the Federal Property and Admin-
istrative Services Act of 1949 to extend
the authority of the Administrator of
General Services to pay direct expenses
in connection with the utilization of ex-
cess real property and related personalty
and for other purposes was announce
as next in order.
The PRESIDING OFFICER. Is there
objection to the present consideration of
the bill?
There being no objection, the Senate
proceeded to consider the bill.
Mr. MORSE. Mr. President, may w
have an explanation of the bill.
Mr. ENGLE. S. 900 would amend sec-
tion 204(b) of the Federal Property and
Administrative Services Act of 1949 (63
Stat. 388) , as amended (40 U.S.C. 485) ,
by substituting the-words "utilization of
excess property and the disposal" for
the word "dispositions."
This amendment would make it pos-
sible for the Administrator of General
ServiceS to pay direct expenses in con-
nection with the utilization of excess
real property. These expenses include
appraisals and other costs incurred
from the time the property is reported
excess to the needs of Government, un-
til such time as the General Services
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1959 CONGRESSIONAL RECORD ? SENATE 5665-
transactions. The audit shall be conducted
at the place or places where the accounts of
the corporation are normally kept. All
books, accounts, financial records, reports,
files, and all other papers, things, or prop-
erty belonging to or in use by the corpora-
tion and necessary to facilitate the audit
shall be made available to the person or per-
sons conducting the audit; and full facili-
ties for verifying transactions and the bal-
ances or securities held by depositories, fiscal
agents, and eustodians shall be afforded to
such person or persons.
(b) A report of such audit shall be made
by the corporation to the Congress and not
later than March 1 of each year. The re-
port shall set forth the scope of the audit
and shall include a verification by the per-
son or persons conducting the audit of state-
ments of (1) assets and liabilities, (2) capi-
tal and surplus or deficit, (3) surplus or
deficit analysis, (4) income and expense, and
(5) sources and application of funds. Such
report shall not be printed as a public docu-
ment.
REPORT TO CONGRESS
SEC. 15. On-or before March 1 of each year
the corporation shall report to the Congress
on its activities during the preceding fiscal
year. Such report may consist of a report
on the proceedings of the national conven-
tion covering such fiscal year. Such report
shall not be printed as a public document.
USE OF NAME
Sec, 10. The corporation and its subordi-
nate divisions shall have the sole and exclu-
sive right to use the name, "Ladies of the
Grand Army of the Republic". The corpo-
ration shall have the exclusive and solo right
o use, or to allow or refuse the use of, such
mblems, seals, and badges as have hereto-
ore been used ,by the Ladies of the Grand
rmy of the Republic.
USE OF ASSETS ON DISSOLUTION OR
LIQUIDATION
Sec, 17. Upon dissolution or final liquida-
ion of the corporation, after discharge or
atisfaction of all outstanding obligations
and liabilities, the remaining assets, if any,
of the corporation shall be distributed in
accordance with the determination of the
council of administration and in compliance
with the constitution and bylaws of the
corporation and all Federal and State laws
applicable thereto.
RESERVATION OF RIGHT TO AMEND OR REPEAL
CHARTER
Sec. 18. The right to alter, amend, or repeal
his Act is expressly reserved.
The amendment was agreed to.
The bill was ordered to be engrossed
or a third reading, read the third time,
nd passed.
ATHENA NICHOLAS EUTERIADOU
The bill (S. 264) for the relief of
thena Nicholas Euteriadou was consid-
red, ordered to be engrossed for a third
reading, read the third time, and passed,
as follows:
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled, That, for
the purposes of the Immigration and Na-
tionality Act, Athena Nicholas Euteriadou
shall be hold and considered to have been
lawfully admitted to the United States for
permanent residence as of the date of the
enactment of this Act, upon payment of the
required visa fee. Upon the granting of
permanent residence to such alien as pro-
vided for In this Act, the Secretary of State
shall instruct the proper quota-control offi-
cer to deduct one number from the appro-
priate quota for the first year that such
quota is available.
MOHAMMED ALI HALIIVI
The bill (S. 451) for the relief of Mo-
hammed All Bailin was considered, or-
dered to be engrossed for a third reading,
read the third time, and passed, as fol-
lows:
Be it enacted by the Senate and Home of
Representatives of the United States of
America in Congress assembled, That, for the
purposes of the Immigration and Nationality
Act, Mohammed All Salim shall be held and
considered to have been lawfully admitted
to the United States for permanent residence
as of the date of the enactment of this Act,
upon payment of the required visa fee.
Upon the granting of permanent residence
to such alien as provided for In this Act, the
Secretary of State shall instruct the proper
quota-control officer to deduct one number
from the appropriate quota for the first year
that such quota is available.
CHIYOKO KORE1VIATSU AND AIKO
KOREMATSU
The Senate proceeded to consider the
bill (S. 201) for the relief of Chiyoko
Korematsu and Aiko Korematsu, which
had been reported from the Committee
on the Judiciary, with an amendment,
on page 1, at the beginning of line 5, to
strike out "fiance" and insert "fiancee",
so as to make the bill read:
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled, That, in the
administration of the Immigration and Na-
tionality Act, Chiyoko Korematsu and Atka
Korematsu, the fianc?and minor child of
Thomas Mulvihill, a citizen of the United
States, shall be eligible for visas as nonim-
migrant temporary visitors for a period of
three months: Provided, That the adminis-
trative authorities find that the said Chiyoko
Korematsu is coming to the United States
with a bona fide intention of being married
to the said Thomas Mulvilhill and that they
are found to be otherwise admissible under
the immigration laws. In the event the mar-
riage between the above-named persons does
not occur within three months after the
entry of the said Chiyoko Korematsu and
/Ulm Korematsu, they shall be required to
depart from the United States and upon fail-
ure to do so shall be deported in accordance
with the provisions of sections 242 and 243
of the Immigration and Nationality Act. In
the event that the marriage between the
above-named persons Shah occur within
three months after the entry of the said
Chiyoko Korematsu and Aiko Korematsu, the
Attorney General is authorized and directed
to record the lawful admission for perma-
nent residence of the said Chiyoko Kore-
matsu and Aiko Korematsu as of the date of
the payment by them of the required visa
fees.
The amendment was agreed to.
The bill was ordered to be engrossed
for a third reading, read the third time,
and passed.
AURELIA MARIJA MEDVESEK-
POZAR
The Senate proceeded to consider the
bill (S. 211) for the relief of Aurelia
Marija Medvesek-Pozar, which had been
reported from the Committee on the Ju-
diciary, with an amendment, in line 7,
after the words "United States", to in-
sert a colon and "Provided, That the nat-
ural parent of Aurelia Mania Medvesek-
Pozar shall not, by virtue of such par-
entage, be accorded any right, privilege,
or status under the Immigration and
Nationality.Act", so as to make the bill
read:
Be it enacted by the Senate and House of
Representatives of the United States of Am-
erica in Congress assembled, That, for the
purposes of sections 101(a) (27) (A) and
205 of the Immigration and Nationality Act,
the minor child, Aurelia Max* Madvesek-
Pozar, shall be held and considered to be the
natural-born alien child of Matilda Pozar,
a citizen of the 'United States: Provided,
That the natural parent of Aurelia Marlja
Medvesek-Pozar shall not, by virtue of such
parentage, be accorded any right, privilege,
or status under the Immigration and Na-
_ ,
tlonality Act.
The amendment was agreed to.
The bill was ordered to be engrossed
for a third reading, read the third time,
and passed.
COLLINGWOOD BRUCE BROWN, JR.
The Senate proceeded to consider the
bill (S. 313) for the relief of Collingwood
Bruce Brown, Jr., which had been re-
ported from the Committee on the Ju-
diciary, with an amendment, on page 1,
line 8, after the word "Provided", to in-
sert "That a suitable and proper bond
or undertaking, approved by the Attor-
ney General, be deposited as prescribed
by section 213 of the said act: And pro-
vided further,", so as to make the bill
read:
Be it enacted by the Senator and House
of Representatives of the United States of
America in Congress assembled, That not-
Withstanding the provisions of paragraph (4)
of section 212(a) of the Immigration and
Nationality Act, Collingwood Bruce Brown,
Junior, may be Issued a ylsa and be admitted
to the United States for permanent residence
If. he is found to be otherwise admissible
under the provisions of such Act: Provided,
That a suitable and proper bond or under-
taking, approved by the Attorney General,
be deposited as prescribed by section 219 of
the said Act: And provided further, That this
Act shah apply only to grounds for exclusion
under such paragraph known to the Secre-
tary of State or the Attorney General prior
to the date of the enactment of this Act.
The amendment was agreed to.
The bill was ordered to be engrossed
for a third reading, read the third time,
and passed.
CLARITA MARTINEZ
The Senate proceeded to consider the
bill (S. 449) for the relief of Clarita
Martinez, which had been reported from
the Committee on the Judiciary, with
an amendment, at the beginning of line
6, to strike out "alien minor child of
Modesto Martinez, a citizen of the" and
insert "alien minor child of Mr. and Mrs.
Modesto Martinez, citizens of the," so
as to make the bill read:
BC it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled, That, for
the purposes of sections 101(a) (27) (A) and
205 of the Immigration and Nationality Act,
Clarita Martinez shall be held and con-
sidered to be the natural-born alien minor
child of Mr. and Mrs. Modesto Martinez,
citizens of the United States.
The amendment WAS agreed to.
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1959 CONGRESSIONAL RECORD ? SENATE 5067
Administration lists the property as
surplus for purposes of disposal.
Mr. MORSE. Does the bill in any way
enlarge the authority of the Adminis-
trator of General Services to dispose of
surplus property, or does it in any way
grant him any authority to dispose of
any interest in surplus property ,without
compensation?
Mr. ENGLE. It does not.
The PRESIDING OFFICER. The
question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed
for a third reading, read the third time,
and passed, as follows:
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled, That the sec-
ond sentence of subsection (b) of section
204 of the Federal Property and Adminis-
trative Services Act of 1949 (63 Stat. 388, as
amended; 40 U.S.C. 485 (b) ) is hereby further
amended to read as follows: "Not more than
an amount to be determined quarterly by
the Director of the Bureau of, the Budget
may be obligated from such fund by the Ad-
ministrator to pay the direct expenses in-
curred for the utilization of excess property
and the disposal of surplus property under
this Act for fees of appraisers, auctioneers,
and realty brokers, and for advertising and
surveying."
Ii
CONTRACTS AUTHORIZATION FOR
CLEANING AND CUSTODIAL SERV-
ICES
The bill (S. 901) to amend the Fed-
eral Property and Administrative Serv- -
ices Act of 1949, to authorize the Ad-
ministrator of General Services to make
contracts for cleaning and custodial
services, was considered, ordered to be
engrossed for a third reading, read the
third time, and passed, as follows:
Be it exacted by the Senate and House of
Representatives of the United States of
America in Congress assembled, That section
210(a) of the Federal Property and !Amin-
istrative Services Act of 1949, as amended
(40 U.S.C. 490(a) ), is further amended by
the addition of paragraph (14), to read as
follows:
"(14) to contract for cleaning, mainte-
nance, elevator operation, and similar cus-
todial services for periods not exceeding
five years."
RECEIPT AND DISBURSEMENT OF
FUNDS BY THE DISBURSING
OFFICER FOR THE GOVERNMENT
PRINTING OFFICE
The bill (S. 902) to provide for the re-
ceipt and disbursement of funds, and for
continuation of accounts when there is
a vacancy in the office of the disbursing
officer for the Government Printing Of-
fice, and for other purpose was consid-
ered, ordered to be engrossed for a third
reading, read the third time, and passed,
as follows:
Be it enacted by the Senate and House of
Representatives of the United States of Amer-
ica in Congress assembled, That (a) the dis-
bursing clerk of the Government Printing Of-
fice is hereby designated as the disbursing
officer for the Government Printing Office.
(b) In the case of the death, resignation,
or separation from office of such disbursing
officer, his accounts may be continued, and
payments and collections may be made in
his name, by the deputy disbursing officer
No. 53-9
or officers designated by the Public Printer,
? for a period of time not to extend beyond
the last day of the second month following
the month in which such death, resignation,
or separation occurred. Such accounts and
payments shall be allowed, audited, and set-
tled, and checks signed in the name of the
former disbursing officer for the Government
Printing Office by any such deputy disbursing
officer shall be honored, in the same manner
as if the former disbursing officer for the
Government Printing Office had continued in
office.
(c) No former disbursing officer for the
Government Printing Office, his estate, or the
surety on his official bond, shall be subject
to any legal liability or penalty for the official
accounts or defaults of any deputy disburs-
ing officer acting in the name or in the place
of such former disbursing officer. Each such
deputy disbursing officer shall be responsible
for accounts entrusted to him pursuant to
subsection (b), and such deputy disbursing
officer and the sureties upon his bond shall
be liable for any default occurring during
his service as such pursuant to such sub-
section.
SCHOOLS OF THE DEPARTMENT OF
DEFENSE. AT OVERSEA AREAS
The Senate proceeded to consider the
bill (S. 96) to govern the salaries and
personal practices applicable to teach-
ers, certain school officers, and other
employees of the dependent schools of
the Department of Defense at over-
sea areas, and for other purposes,
which had been reported from the Com-
mittee on Post Office and Civil Service,
with an amendment, on page 13, line 4,
after "(5 U.S.C. 2091-2103) ", to insert "or
to the Civil Service Retirement Act (5
U.S.C. 2251-2267)", so as to make the
bill read:
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled,
SHORT TITLE .
SECT/ON 1. This Act may be cited as the
"Defense Department Overseas Teachers Pay
and Personnel Practices Act".
DEFINITIONS
SEC. 2. For the purposes of this Act, the
term--
(1) "teaching position" means those duties
and responsibilities which?
(A) are performed on a school-year basis
principally in a school operated by the De-
partment of Defense in an overseas area for
dependents of members of the Armed Forces
and dependents of civilian employees of the
Department of Defense, and
(B) involve?
(i) classroom or other instruction or the
supervision or direction of classroom or other
instruction; or
(ii) any activity (other than teaching)
which requires academic credits in educa-
tional theory and practice equal to ca-
demic credits in educational the'
4pd Ft
practice required for a bachelor's deg ee win
education from an accredited institution of
higher education; or
(iii) any activity in or related to the field
of education notwithstanding that aca-
demic credits in educational theory and
practice are not a formal requirement for
the conduct of such activity.
(2) "teacher" means an individual?
(A) who is a citizen of the United States,
(B) who is a civilian, and
(C) whose services are required on a
school-year basis in a teaching position.
(3) "overseas area" means any area situ-
ated outside the United States.
(4) "United States", when used in a geo-
graphical sense, means the several States of
the United States of America, the District
of Columbia, Hawaii, the Commonwealth
of Puerto Rico, the Canal Zone, and the
possessions of the United States (excluding
the Trust Territory of the Pacific Islands
and Midway Islands). ?
EXEMPTION OF TEACHERS AND TEACHING POSI.?
TIONS FROM CLASSIFICATION ACT OF 1949
SEC. 3. Section 202 of the Classification
Act of 1949, as amended (5 U.S.C. 1082), is
amended by adding at the end thereof the
following paragraph:
"(32) 'teachers' and 'teaching positions'
as defined in the Defense Department Over-
seas Teachers Pay and Personnel Practices
Act."
REGULATIONS OF SECRETARY OF DEFENSE
SEC. 4. (a) Not later than the ninetieth
day following the date of enactment of this
Act, the Secretary of Defense shall prescribe
and issue regulations to carry out the pur-
poses of this Act. Such regulations shall
govern?
(1) the establishment of teaching posi-
tions;
(2) the fixing of the rates of basic com-
pensation for teaching positions in relation
to the rates of basic compensation for
similar positions in the United States;
(3)_. the entitlement of teachers to com-
pensation;
(4) the payment of compensation to
teachers;
(5) the appointment of teachers;
(6) the conditions of employment of
teachers;
(7) the length of the school year or school
years applicable to teaching positions;
(8) the leave system for teachers;
(9) quarters, allowances, and additional
compensation for teachers; and
(10) such other matters as may be rele-
vant and appropriate to the' purposes of
this Act.
(b) The regulations prescribed and issued
by the Secretary of Defense under subsec-
tion (a) of this section shall become effective
on such date as the Secretary of Defense
shall prescribe but not later than the nine-
tieth day following the date of issuance of
such regulations.
ADMINISTRATION
SEC. 5. (a) The secretary of each military
department in the Department of Defense
shall conduct the employment and salary
practices applicable to teachers and teach-
ing positions in his military department in
accordance with this Act, other applicable
law, and the regulations prescribed and
issued by the Secretary of Defense under
section 4 of this Act.
(b) Subject to section 203 of the Classi-
fication Act of 1949 (5 U.S.C. 1083) , the
Secretary of each military department?
(1) shall determine the applicability of
paragraph (32) of section 202 of such Act,
as added by section 3 of this Act, to posi-
tions and individuals in his military depart-
ment, and
(2) shall establish the appropriate annual
salary rate in accordance with this Act for
each such position and individual to which
such paragraph (32) is determined to be
applicable.
(c) The Secretary of each military de-
partment shall fix the rates of basic com-
pensation of teachers and teaching positions
in his military, department in relation to
the rates of basic compensation for similar
positions in the United States but no such
rate of basic compensation so fixed shall
exceed the highest rate of basic compensa-
tion for similar positions of a comparable
level of duties and responsibilities under
the municipal government of the District
of Columbia.
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5068 CONGRESSIONAL RECORD ? SENATE -April 10
(d) The Secretary of each military depart-
ment may prescribe and issue such regula-
tions as he deems appropriate to carry out
his functions under this Act,
LEAVE
SEC. 6. (a) Subject to the regulations
prescribed and issued by the Secretary of
Defense under section 4 of this Act, each
teacher (other than an individual employed
as a substitute teacher) shall be entitled
to cumulative leave, with pay, which shall
accrue at the rate of one day for each cal-
endar month, or part thereof, of a school
year, except that?
(1) If the school year includes more than
eight months any such teacher who shall
have served for the entire school year shall
be entitled to ten days of cumulative leave
with pay, and
(2) not more than seventy-five days of
leave may accumulate to the credit of a
teacher at any one time under this subsec-
tion.
(b) Saturdays, Sundays, regularly sched-
uled holidays, and other administratively
authorized nonwork days shall not be con-
sidered to be days of leave for the purposes
of subsection (a) of this section.
(c) Subject to the regulations prescribed
and issued by the Secretary of Defense, leave
earned by any teacher under subsection (a)
of this section may be used by such
teacher?
(1) for maternity purposes,
(2) in the event of the illness of such
teacher,
(3) in the event of illness, contagious
disease, or death in the immediate family
of such teacher, and
(4) in the event of any personal emer-
gency.
If appropriate advance notice is given of
the intended absence of a teacher, not to
exceed three days of such leave may be
granted for any purpose in each school year
to such teacher.
(d) Any individual?
(1) who is holding a position which is
determined to be a teaching position, or
(2) who is an employee of the Federal
Government or the municipal government
of the District of Columbia who is trans-
ferred, promoted, or reappointed, without
break in service, from a position under a
different leave system to a teaching position,
shall be credited, for the purposes of the
leave system provided by this section, with
the annual and sick leave to his credit im-
mediately prior to the effective date of such
determination, transfer, promotion, or re-
appointment. Sick leave so credited shall be
Included in the leave provided for in sub-
section (a) of this section. Annual leave so
credited shall not be included in the leave
provided for in such subsection but shall be
used under regulations which shall be pre-
scribed by the Secretary of the military de-
partment concerned.
(e) In any case in which the amount of
sick leave, which is to the credit of any indi-
vidual under a different leave system imme-
diately prior to the date on which he becomes
subject as a teacher to the leave system
provided by this section and which is in-
cluded in the leave provided for in subsec-
tion (a) of this section, is in excess of the
maximum amount of accumulated leave al-
lowable under subparagraph (2) of such
subsection, such excess shall remain to the
credit of such teacher until used, but the
use during any leave year of an amount in
excess of the aggregate amount which shall
have accrued during such year shall reduce
automatically the maximum allowable
amount of accumulated leave at the begin-
ning of the next leave year until such
amount no longer exceeds the maximum
amount allowable under subparagraph (2)
of subsection (a) of this section.
(f) Any annual leave remaining, upon his
separation from the service, to the credit of
an individual within the purview of this
section shall be liquidated in accordance
with the Act of December 21, 1944 (5 U.S.C.
61b and the following), except that leave
earned or included under subsection (a) of
this section shall not be liquidated.
(g) In the case of any teacher who is
transferred, promoted, or reappointed, with-
out break in service, to a position under a
different leave system, the annual leave, and
any other leave earned or credited under
this section, which is to his credit imme-
diately prior to such transfer, promotion, br
reappointment, shall be transferred to his
credit in the employing agency on an ad-
justed basis in accordance with regulations
which shall be prescribed by the United
States Civil Service Commission.
QUARTERS, QUARTERS ALLOWANCES, AND STORAGE
SEC. 7. (a) Under regulations which shall
be prescribed by or under authority of the
President, each teacher (other than a
teacher employed in a substitute capacity)
shall be entitled, in addition to basic com-
pensation, to quarters, quarters allowance,
and storage as provided by this section.
(b) Each teacher (other than a teacher
employed in a substitute capacity) shall be
entitled, for each school year for which he
performs services as a' teacher, to quarters
or a quarters allowance equal to those au-
thorized by the Act of June 26, 1930 (5 U.S.C.
118a).
(c) Each teacher (other than a teacher
employed in a substitute capacity) who is
performing services as a teacher at the close
of a school year and agrees in writing to
serve as a teacher for the next school year
may be authorized, for the recess period
immediately preceding such next school
year?
(1) quarters or a quarters allowance equal
to those authorized by the Act of June 26,
1930 (5 U.S.C. 118a), or
(2) in lieu of such quarters or quarters
allowance, storage (including packing, dray-
age, unpacking, and transportation to and
from storage) of his household effects and
personal possessions.
(d) If a teacher does not report for service
at the beginning of the next school year,
he shall be obligated to the United States
in an amount equal to any quarters allow-
ance which he may have received under
subsection (c) of this section or in . an
amount equal to the reasonable value of
any quarters or storage which he may have
received under such subsection, or both, as
the case may be.
(e) Quarters, quarters allowance, and stor-
age provided under this section shall be in
lieu of any quarters, quarters allowance,
and storage to which he otherwise might be
entitled by reason of employment in another
position during any recess period between
two school years.
COST-OF-LIVING ALLOWANCES AND POST
DIFFERENTIAL
SEC 8. (a) Under regulations which shall
be prescribed by or under authority of the
Pres each teacher (other than a teacher
em in a substitute capacity) shall be
ent 1 d, in addition to basic compensation,
to?
(1) cost-of-living allowances equal to those
authorized by section 901(2) of the Foreign
Service Act of 1946 ( (22 U.S.C. 1131(2) ), and
(2) additional compensation equal to that
authorized4under section 207 of the Inde-
pendent Offices Appropriation Act, 1949 (5
U.S.C. 118h).
(b) The cost-of-living allowances and ad-
ditional compensation provided under sub-
section (a) of this section for any teacher
shall be based on the teaching position in
which he rendered.servibes on a sehool-year
basis, except that, if such teacher is em-
ployed in another position during any re-
cess period between two school years, such
allowances and compensation for such re-
cess period shall be based on the position
in which he is employed during such recess
period.
DETERMINATIONS OF PER ANNUM SALARY RATES
OF TEACHING POSITIONS FOR PURPOSES OF
CLASSIFICATION ACT OF 1949
SEC. 9. For the purposes of the applica-
tion of section 802(a) of the Classification ,
Act of 1949 (5 U.S.C. 1132(a) ) to any in-
dividual holding a teaching position who
comes within the purview of any provision
of such section 802(a), the rates of pay
established for such position shall be deemed
to have been increased by 20 per centum to
determine the per annum salary rate of such
position.
APPLICADILTTY OF CERTAIN EXISTING LAW
SEC. 10. (a) The Annual and Sick Leave
Act of 1951, as amended T5 U.S.C. 2061 and
the following), and the Federal Employees
Pay Act of 1945, as amended (5 U.S.C. 901
and the following), shall not apply to
teachers and teaching positions.
(b) In the case of any teacher who?
(1) is performing services as a teacher
at the close of a school year,
(2) agrees in writing to serve as a teacher
for the next school year, and
(3) is employed in another position in the
recess period immediately preceding such
next school year, or, during such recess
period, receives quarters, allowances, or ad-
ditional compensation referred to in sec-
tions 1 and 8 of this Act, or both, as the
case may be,
section 2 of the Act of July 31, 1894 (5
U.S.C. 62), relative to the holding of more
than one office, section 6 of the Act of May
10, 1916 (5 U.S.C. 58 and 59), relative to
double salaries, and any other law relating
to the receipt of more than one salary or the
holding of more than one office shall not ap-
ply to such teacher by reason of any such
employment during a recess period or any
such receipt of quarters, allowances, or addi-
tional compensation, or both, as the case
may be.
(c) Notwithstanding any provision of law,
employment of a teacher in the recess period
between two school years in a position other
than the teaching position in which he
rendered service in the school year imme-
diately preceding such recess period shall
not be subject to the Federal Employees'
Group Life Insurance Act of 1954 (5 U.S.C.
2091-2103) or to the Civil Service Retirement
Act (5 U.S.C. 2251-2267).
SAVINGS PROVISION
SW. 11. The enactment of this Act shall
not affect?
(1) any teaching position existing imme-
diately prior to the effective date of the reg-
ulations prescribed and issued by the Sec-
retary of Defense under section 4 of this
Act,
(2) the compensation attached to such
teaching position, or
(3) any incumbent thereof, his appoint-
ment thereto, or his right to receive the
compensation attached thereto,
until appropriate action is taken under sec-
tion 5 of this'Act.
..t.ETWE DATES
SEC. 12. (a) This section and sections 1, 2,
4, and 11 shall become effective on the date
of enactment of this Act.
(b) Sections 3, 5, 6, 7, 8, 9, and 10 shall
become effective on the effective date of the
regulations prescribed and issued by the
Secretary of Defense under section 4 of this
Act.
Mr. JOHNSTON of ? South Carolina.
Mr. President, I ask unanimous consent
to have printed at this point in the REC-
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