(c) Duties of Capitol Guide Board; positions of Guide in Capitol Guide Service; establishment and revision; Chief and Assistant Chief Guide and Guides: appointment, duties, pay, and termination of employment.

The Capitol Guide Board is authorized

(1) with the prior approval of the Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives, to establish and revise such number of positions of Guide in the Capitol Guide Service as the Board considers necessary to carry out effectively the activities of the Capitol Guide Service;

(2) to appoint, on a permanent basis, without regard to political affiliation, and solely on the basis of fitness to perform their duties, a Chief Guide and an Assistant Chief Guide, and, in addition, such number of Guides as may be authorized under subparagraph (1) of this subsection;

(3) to prescribe their duties and responsibilities; (4) with the prior approval of the Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives, to fix, and adjust from time to time, their respective rates of pay at single per annum (gross) rates; and

(5) to terminate their employment as the Board considers appropriate.

(d) Uniforms.

The Capitol Guide Board shall

(1) prescribe a uniform dress, including appropriate insignia, which shall be worn by personnel of the Capitol Guide Service when on duty; and (2) from time to time, as may be necessary, procure and furnish such uniforms to such personnel without charge to such personnel.

(e) Acceptance of fees; prohibition.

An employee of the Capitol Guide Service shall not charge or accept any fee, or accept any gratuity, for or on account of his official services.

(f) Personnel detail.

The Capitol Guide Board may detail personnel of the Capitol Guide Service to assist the United States Capitol Police by providing ushering and informational services, and other services not directly involving law enforcement, in connection with the inauguration of the President and Vice President of the United States, the official reception of representatives of foreign nations and other persons by the Senate or House of Representatives, and other special or ceremonial occasions in the United States Capitol Building or on the United States Capitol Grounds which require the presence of additional Government personnel and which cause the temporary suspension of the performance of the regular duties of the Capitol Guide Service.

(g) Historical and educational information.

The Capitol Guide Board may receive and consider advice and information from any private historical or educational organization, association, or society with respect to those operations of the Capitol Guide Service which involve the furnishing of historical and educational information to the general public.

(h) Regulations for operation of Service. With the prior approval of the Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives, the Capitol Guide Board shall prescribe such regulations as the Board considers necessary and appropriate for the operation of the Capitol Guide Service.

(i) Disciplinary action.

The Capitol Guide Board may take appropriate disciplinary action, including, when circumstances warrant, suspension from duty without pay, reduction in pay, demotion, or removal from employment with the Capitol Guide Service, against any employee who violates any provision of this section or any regulation prescribed by the Board pursuant to this section.

(j) Expenses; payment from contingent fund until availability of appropriations.

The expenses of the Capitol Guide Service shall be paid from the contingent fund of the House of Representatives, until appropriations are available for the payment of such expenses. (Pub. L. 91-510, title IV, § 441, Oct. 26, 1970, 84 Stat. 1190.)

CODIFICATION

Section was enacted as a part of Legislative Reorganization Act of 1970 and not as a part of National Visitor Center Facilities Act of 1968, which is classified to this chapter.

EFFECTIVE DATE

Section effective immediately prior to noon on Jan. 3, 1971, see section 601 (1) of Pub. L. 91-510, set out as a note under section 72a of Title 2, The Congress.

TRANSITIONAL PROVISIONS

Section 443 of Pub. L. 91-510 provided that: “(a) The initial appointments, under section 441 (c) (2) of this Act [subsec. (c) (2) of this section], of personnel of the Capitol Guide Service shall be effective on the effective date of this section. The Capitol Guide Board shall afford, to each person who is a member of the United States Capitol Guides immediately prior to such effective date, the opportunity to be appointed to a comparable position in the Capitol Guide Service without reduction in level of rank and seniority. For the purposes of the initial appointments of such persons, the number of such persons shall be considered to have been authorized for the Capitol Guide Service under section 441 (c) (1) of this Act [subsec. (c)(1) of this section]. The per annum (gross) rate of pay of each such person so initially appointed shall be a rate equal to the per annum rate of pay received by the United States Capitol Guides, who worked full tours of duty, averaged over the last five calendar years (excluding 1968) ending prior to the date of enactment of this Act [Oct. 26, 1970]. Subject to section 441 (1) of this Act [subsec (1) of this section], the rate of each such person so initially appointed shall not, at any time after such initial appointment, be less than the rate at which he was initially appointed so long as he remains in the same position; but, when such position becomes vacant, the rate of pay of any subsequent appointee thereto shall be fixed in accordance with section 441 of this Act [this section].

"(b) The United States Capitol Police Board shall transfer, on the effective date of this section, to the Capitol Guide Board, all personnel records, financial records, assets, and other property of the United States Capitol Guides, which exist immediately prior to such effective date.

"(c) As soon as practicable after the effective date of this section but not later than the close of the sixtieth day after such effective date, the Capitol Guide Board shall, out of the assets and property transferred under

subsection (b) of this section, on the basis of a special audit which shall be conducted by the General Accounting Office

"(1) settle and pay any outstanding accounts payable of the United States Capitol Guides,

"(2) discharge the financial and other obligations of the United States Capitol Guides (including reimbursement to purchasers of tickets for guided tours which are purchased and paid for in advance of intended use and are unused), and

"(3) otherwise wind up the affairs of the United States Capitol Guides,

which exist immediately prior to such effective date. The Capitol Guide Board shall dispose of any net monetary amounts remaining after the winding up of the affairs of the United States Capitol Guides, in accordance with the practices and procedures of the United States Capitol Guides, existing immediately prior to the effective date of this section, with respect to disposal of monetary surpluses."

Section 443 of Pub. L. 91-510 effective immediately prior to noon on Jan. 3, 1971, see section 601 (1) of Pub. L. 91-510, set out as a note under section 72a of Title 2, The Congress.

Appalachian Regional Development Act of 1965

Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 5, as amended by Pub. L. 89–670, § 8(b), (c), Oct. 15, 1966, 80 Stat. 942, 943; Pub. L. 90-103, title I, §§ 101-114, 116— 123, Oct. 11, 1967, 81 Stat. 257-266; Pub. L. 90-448, title II, § 201(f), Aug. 1, 1968, 82 Stat. 502; Pub. L. 91-123, Nov. 25, 1969, title I, §§ 101-111, 83 Stat. 214216; Pub. L. 91-258, title I, § 52(b) (5), May 21, 1970, 84 Stat. 235.

§ 1. Short title.

This Act may be cited as the "Appalachian Regional Development Act of 1965".

SHORT TITLE OF 1967 AMENDMENTS

Section 101 of Pub. L. 90-103, title I, Oct. 11, 1967, 81 Stat. 257, provided that: "This title [which enacted sections 109 and 207, and amended sections 102, 105, 106(7), 201, 202, 203(1), 204, 205, 206 (g), 211, 212(b), 214, 221, 223, 224, 302, 303, 401, and 403 of the Appalachian Regional Development Act of 1965, and amended section 461 of this title and section 5334 (a) of Title 5, Government Organization and Employees] may be cited as the 'Appalachian Regional Development Act Amendments of 1967'."

§ 2. Findings and statement of purpose.

The Congress hereby finds and declares that the Appalachian region of the United States, while abundant in natural resources and rich in potential, lags behind the rest of the Nation in its economic growth and that its people have not shared properly in the Nation's prosperity. The region's uneven past development, with its historical reliance on a few basic industries and a marginal agriculture, has failed to provide the economic base that is a vital prerequisite for vigorous, self-sustaining growth. The State and local governments and the people of the region understand their problems and have been working and will continue to work purposefully toward their solution. The Congress recognizes the comprehensive report of the President's Appalachian Regional Commission documenting these findings and concludes that regionwide development is feasible, desirable, and urgently needed. It is, therefore, the purpose of this Act to assist the region in meeting its special problems, to promote its economic development, and to establish a framework for joint Federal and State efforts toward providing the basic facilities essential to its growth and attacking its common problems and meeting its common needs on a coordinated and concerted regional basis. The public investments made in the region under this Act shall be concentrated in areas where there is a significant potential for future growth, and where the expected return on public dollars invested will be the greatest. The States will be responsible for recommending local and State projects, within their borders, which will receive assistance under this Act. As the region obtains the needed physical and transportation facilities and develops its human resources, the Congress expects that the region will generate a diversified industry, and that the region will then be able to support itself, through the workings of a strengthened free enterprise economy. SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 205, 402, 403 of this Appendix.

Page 9444

TITLE I-THE APPALACHIAN REGIONAL

COMMISSION

§ 101. Membership and voting.

(a) There is hereby established an Appalachian Regional Commission (hereinafter referred to as the "Commission") which shall be composed of one Federal member, hereinafter referred to as the "Federal Cochairman", appointed by the President by and with the advice and consent of the Senate, and one member from each participating State in the Appalachian region. The Federal Cochairman shall be one of the two Cochairmen of the Commission. Each State member may be the Governor, or his designee, or such other person as may be provided by the law of the State which he represents. The State members of the Commission shall elect a Cochairman of the Commission from among their number.

(b) Except as provided in section 105, decisions by the Commission shall require the affirmative vote of the Federal Cochairman and of a majority of the State members (exclusive of members representing States delinquent under section 105). In matters coming before the Commission, the Federal Cochairman shall, to the extent practicable, consult with the Federal departments and agencies having an interest in the subject matter.

(c) Each State member shall have an alternate, appointed by the Governor or as otherwise may be provided by the law of the State which he represents. The President, by and with the advice and consent of the Senate, shall appoint an alternate for the Federal Cochairman. An alternate shall vote in the event of the absence, death, disability, removal, or resignation of the State or Federal representative for which he is an alternate.

(d) The Federal Cochairman shall be compensated by the Federal Government at level IV of the Federal Executive Salary Schedule of the Federal Executive Salary Act of 1964. His alternate shall be compensated by the Federal Government at not to exceed the maximum scheduled rate for grade GS-18 of the Classification Act of 1949, as amended. and when not actively serving as an alternate for the Federal Cochairman shall perform such functions and duties as are delegated to him by the Federal Cochairman. Each State member and his alternate shall be compensated by the State which they represent at the rate established by the law of such State.

REFERENCES IN TEXT

Federal Executive Salary Act of 1964, referred to in subsec. (d), is classified to section 5101 et seq. of Title 5, Government Organization and Employees.

The Classification Act of 1949, as amended, referred to in subsec. (d), is classified to chapter 51 and subchapter III of chapter 53 of Title 5.

EXECUTIVE ORDER No. 11209

Ex. Ord. No. 11209, Mar. 25, 1965, 30 F.R. 3929, formerly set out as a note under this section, which established the Federal Development Committee for Appalachia, was revoked by Ex. Ord. No. 11386, Dec. 28, 1967, 33 F.R. 5, set out as a note under section 3183 of Title 42, The Public Health and Welfare.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 106 of this Appendix.

§ 102. Functions of the Commission.

In carrying out the purposes of this Act, the Commission shall

(1) develop, on a continuing basis, comprehensive and coordinated plans and programs and establish priorities thereunder, giving due consideration to other Federal, State, and local planning in the region;

(2) conduct and sponsor investigations, research, and studies, including an inventory and analysis of the resources of the region, and, in cooperation with Federal, State, and local agencies, sponsor demonstration projects designed to foster regional productivity and growth;

(3) review and study, in cooperation with the agency involved, Federal, State, and local public and private programs and, where appropriate, recommend modifications or additions which will increase their effectiveness in the region;

(4) formulate and recommend, where appropriate, interstate compacts and other forms of interstate cooperation, and work with State and local agencies in developing appropriate model legislation;

(5) encourage the formation of local development districts;

(6) encourage private investment in industrial, commercial, and recreational projects;

(7) serve as a focal point and coordinating unit for Appalachian programs; and

(8) provide a forum for consideration of problems of the region and proposed solutions and establish and utilize, as appropriate, citizens and special advisory councils and public conferences. (As amended Pub. L. 90-103, title I, § 102, Oct. 11, 1967, 81 Stat. 257.)

AMENDMENTS

1967-Clause (9). Pub. L. 90-103 struck out cl. (9) which required the Commission to advise the Secretary of Commerce on applications for grants for administrative expenses to local development districts.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 104 of this Appendix.

§ 103. Recommendations.

The Commission may, from time to time, make recommendations to the President and to the State Governors and appropriate local officials with respect to

(1) the expenditure of funds by Federal, State, and local departments and agencies in the region in the fields of natural resources, agriculture, education, training, health and welfare, and other fields related to the purposes of this Act; and

(2) such additional Federal, State, and local legislation or administrative actions as the Commission deems necessary to further the purposes of this Act.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 104 of this Appendix.

§ 104. Liaison between Federal Government and the Commission.

The President shall provide effective and continuing liaison between the Federal Government and

the Commission and a coordinated review within the Federal Government of the plans and recommendations submitted by the Commission pursuant to sections 102 and 103.

FUNCTIONS OF SECRETARY OF COMMERCE Secretary of Commerce to provide liaison required by this section, see section 1(a) of Ex. Ord. No. 11386, Dec. 28, 1967, 33 F.R. 5, set out as a note under section 3183 of Title 42, The Public Health and Welfare.

§ 105. Administrative expenses of the Commission.

(a) For the period ending on June 30, 1967, the administrative expenses of the Commission shall be paid by the Federal Government. Thereafter, such expenses shall be paid 50 per centum by the Federal Government and 50 per centum by the States in the region, except that the expenses of the Federal Cochairman, his alternate, and his staff shall be paid solely by the Federal Government. The share to be paid by each State shall be determined by the Commission. The Federal Cochairman shall not participate or vote in such determination. No assistance authorized by this Act shall be furnished to any State or to any political subdivision or any resident of any State, nor shall the State member of the Commission participate or vote in any determination by the Commission while such State is delinquent in payment of its share of such expenses.

(b) To carry out this section there is hereby authorized to be appropriated to the Commission to be available until expended, not to exceed $1,900,000 for the two-fiscal year period ending June 30, 1971. Not to exceed $475,000 of such authorization shall be available for the expenses of the Federal cochairman, his alternate, and his staff. (As amended Pub. L. 90103, title I, § 103, Oct. 11, 1967, 81 Stat. 257; Pub. L. 91-123, title I, § 102, Nov. 25, 1969, 83 Stat. 214.)

AMENDMENTS

1969-Subsec. (b). Pub. L. 91-123 substituted provisions authorizing the appropriation of $1,900,000 for the two-fiscal year period ending June 30, 1971, for provisions that authorized the appropriation of $1,700,000 for the two-fiscal year period ending June 30, 1969, increased from $400,000 to $475,000 the amount authorized to be available for expenses of the Federal cochairman, his alternate, and his staff, and omitted provisions whereby appropriations authorized prior to the Appalachian Regional Development Act Amendments of 1967 were to remain available until expended.

1967 Subsec. (a). Pub. L. 90-103 substituted "June 30, 1967" and "50 per centum by the Federal Government and 50 per centum by the States" for "June 30 of the second full Federal fiscal year following the date of enactment of this Act [Mar. 9, 1965]" and "equally by the Federal Government and the States" and provided for payment solely by the Federal Government of the expenses of the Federal Cochairman, his alternate, and his staff.

Subsec. (b). Pub. L. 90-103 authorized appropriation of $1,700,000 for two-fiscal-year period ending June 30, 1969, made $400,000 of such sum available for expenses of the Federal Cochairman, his alternate, and his staff, and made the unexpended balances of appropriation authorization under this section prior to its amendment available until expended, such provision making $2,200,000 available to carry out this section as provided in former provisions of section 401 of the Act for period ending June 30, 1967.

SHORT TITLE OF 1969 AMENDMENT

Section 101 of Pub. L. 91-123 provided that: "This title [which amended this section and sections 201, 202, 205, 207, 214, 302, 401, 403, and 405 of the Appalachian Regional

Development Act of 1965] may be cited as the 'Appalachian Regional Development Act Amendments of

1969'."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 101, 401 of this Appendix.

§ 106. Administrative powers of Commission.

To carry out its duties under this Act, the Commission is authorized to—

(1) adopt, amend, and repeal bylaws, rules, and regulations governing the conduct of its business and the performance of its functions.

(2) appoint and fix the compensation of an executive director and such other personnel as may be necessary to enable the Commission to carry out its functions, except that such compensation shall not exceed the salary of the alternate to the Federal Cochairman on the Commission as provided in section 101. No member, alternate, officer, or employee of the Commission, other than the Federal Cochairman on the Commission, his staff, and his alternate and Federal employees detailed to the Commission under paragraph (3) shall be deemed a Federal employee for any purpose.

(3) request the head of any Federal department or agency (who is hereby so authorized) to detail to temporary duty with the Commission such personnel within his administrative jurisdiction as the Commission may need for carrying out its functions, each such detail to be without loss of seniority, pay, or other employee status.

(4) arrange for the services of personnel from any State or local government or any subdivision or agency thereof, or any intergovernmental agency.

(5) make arrangements, including contracts, with any participating State government for inclusion in a suitable retirement and employee benefit system of such of its personnel as may not be eligible for, or continue in, another governmental retirement or employee benefit system, or otherwise provide for such coverage of its personnel. The Civil Service Commission of the United States is authorized to contract with the Commission for continued coverage of Commission employees, who at date of Commission employment are Federal employees, in the retirement program and other employee benefit programs of the Federal

Government.

(6) accept, use, and dispose of gifts or donations of services or property, real, personal, or mixed, tangible or intangible.

(7) enter into and perform such contracts, leases (including, notwithstanding any other provision of law, the lease of office space for any term expiring no later than June 30, 1971), cooperative agreements, or other transactions as may be necessary in carrying out its functions and on such terms as it may deem appropriate, with any department, agency, or instrumentality of the United States (which is hereby so authorized to the extent not otherwise prohibited by law) or with any State, or any political subdivision, agency, or instrumentality thereof, or with any person, firm, association, or corporation.