US (United States) Code. Ttitle 10. Subtitle C. Part III. Chapter 607: Retirement of civilian members

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Armed Forces

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-CITE-

10 USC CHAPTER 607 - RETIREMENT OF CIVILIAN MEMBERS OF

THE TEACHING STAFFS OF THE UNITED STATES

NAVAL ACADEMY AND UNITED STATES NAVAL

POSTGRADUATE SCHOOL 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART III - EDUCATION AND TRAINING

CHAPTER 607 - RETIREMENT OF CIVILIAN MEMBERS OF THE TEACHING STAFFS

OF THE UNITED STATES NAVAL ACADEMY AND UNITED STATES NAVAL

POSTGRADUATE SCHOOL

.

-HEAD-

CHAPTER 607 - RETIREMENT OF CIVILIAN MEMBERS OF THE TEACHING STAFFS

OF THE UNITED STATES NAVAL ACADEMY AND UNITED STATES NAVAL

POSTGRADUATE SCHOOL

-MISC1-

Sec.

7081. Civilian member; definition; exceptions.

7082. Deferred annuity policy required.

7083. Annuity premium to be paid by monthly installments;

government reimbursement.

7084. Age of retirement.

7085. Computation of life annuity.

7086. Physical disability retirement.

7087. Election of annuity for self and beneficiary.

7088. Regulations.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 1552 of this title.

-CITE-

10 USC Sec. 7081 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART III - EDUCATION AND TRAINING

CHAPTER 607 - RETIREMENT OF CIVILIAN MEMBERS OF THE TEACHING STAFFS

OF THE UNITED STATES NAVAL ACADEMY AND UNITED STATES NAVAL

POSTGRADUATE SCHOOL

-HEAD-

Sec. 7081. Civilian member: definition; exceptions

-STATUTE-

(a) In this chapter, the term ''civilian member'' means a

civilian member of the teaching staff of the United States Naval

Academy or the United States Naval Postgraduate School. It includes

the Academic Dean of the Postgraduate School, senior professors,

professors, associate professors, assistant professors, chief

instructors, assistant chief instructors, and instructors.

(b) This chapter does not apply to any civilian member who was

employed at the Naval Academy or the Postgraduate School on January

16, 1936, and who did not elect to participate in the benefits

provided by the Act of January 16, 1936, ch. 3 (49 Stat. 1092).

(c) This chapter does not apply to any person who was a civilian

member after September 30, 1956.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 438; Pub. L. 85-861, Sec.

1(149), Sept. 2, 1958, 72 Stat. 1513; Pub. L. 101-189, div. A,

title XVI, Sec. 1622(e)(8), Nov. 29, 1989, 103 Stat. 1605.)

-MISC1-

Historical and Revision Notes

1956 Act

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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7081(a) 34 U.S.C. 1073d. Jan. 16, 1936, ch.

3, Sec. 5, 49 Stat.

1093; Nov. 28,

1943, ch. 331, Sec.

2, 57 Stat. 595.

34 U.S.C. 1074 (less June 10, 1946, ch.

1st 98 words). 298 (less 1st 98

words), 60 Stat.

236.

34 U.S.C. 1076b July 31, 1947, ch.

(last sentence). 420, Sec. 3 (last

sentence), 61 Stat.

760; Aug. 30, 1954,

ch. 1076, Sec.

1(21), 68 Stat.

968.

7081(b) 34 U.S.C. 1073c. Jan. 16, 1936, ch.

3, Sec. 4, 49 Stat.

1092.

34 U.S.C. 1073c-1 Jan. 16, 1936, ch.

(2d proviso). 3, Sec. 4A (2d

proviso); added

Nov. 28, 1943, ch.

331, Sec. 1, 57

Stat. 594.

-------------------------------

Section 4 of the Act of January 16, 1936, ch. 3, 49 Stat. 1092,

provided that persons who were then members of the teaching staff

should have the right to participate in benefits under the Act if

they requested such participation within 60 days. Members who were

then under the civil-service retirement system were required to

choose whether they would remain under it or would participate in

the system established by the 1936 Act. They could not come under

both. The section also authorized the Secretary of the Navy to

supplement the retired income of members who elected to come under

the 1936 Act and whose age in 1936 was such that they could not

purchase adequate annuities before retiring. The provisions

whereby members could elect to participate were temporary and are

executed. The provisions relating to retired income are superseded

by Sec. 4A, added by the Act of November 28, 1943, ch. 331, 57

Stat. 594. The only remaining effect of Sec. 4 and the second

proviso of Sec. 4A is to exclude from the benefits and requirements

of the 1936 Act persons who were members of the teaching staff in

1936 and did not elect to participate.

1958 Act

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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7081(c) (No source). (No source).

-------------------------------

Subsection (c) is added to reflect the effect on chapter 607 of

this title of the Act of July 31, 1956, ch. 804, Sec. 402(a) (70

Stat. 760) which brought the civilian faculties of the Naval

Academy and Naval Postgraduate School under the Civil Service

Retirement Act effective October 1, 1956, and provided that on and

after that date the Act of January 16, 1936, ch. 3 (49 Stat. 1092)

would no longer apply to civilians employed at those schools on or

after that date.

-REFTEXT-

REFERENCES IN TEXT

Act of January 16, 1936, ch. 3 (49 Stat. 1092), referred to in

subsec. (b), was classified to sections 1073 to 1073f of former

Title 34, Navy, and was repealed by act Aug. 10, 1956, ch. 1041,

Sec. 53, 70A Stat. 641. See section 7081 et seq. of this title.

-MISC2-

AMENDMENTS

1989 - Subsec. (a). Pub. L. 101-189 inserted '', the term'' after

''In this chapter''.

1958 - Subsec. (c). Pub. L. 85-861 added subsec. (c).

-CITE-

10 USC Sec. 7082 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART III - EDUCATION AND TRAINING

CHAPTER 607 - RETIREMENT OF CIVILIAN MEMBERS OF THE TEACHING STAFFS

OF THE UNITED STATES NAVAL ACADEMY AND UNITED STATES NAVAL

POSTGRADUATE SCHOOL

-HEAD-

Sec. 7082. Deferred annuity policy required

-STATUTE-

Each civilian member, as a part of his contract of employment,

shall carry, during his employment, a deferred annuity policy,

having no cash surrender or loan provision, in a joint-stock life

insurance corporation that is incorporated under the laws of a

State and has a charter restriction that its business must be

conducted without profit to its stockholders.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 439.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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7082 34 U.S.C. 1073. Jan. 16, 1936, ch.

3, Sec. 1, 49 Stat.

1092.

-------------------------------

The words ''whose employment commences from and after the date of

approval of this act'' are omitted as surplusage. Under Sec. 4 of

the Act, members already employed when the Act was approved were

given 60 days in which to decide whether or not they wished to

participate in the benefits provided by the Act. Those who chose

not to participate are excluded from the application of this

chapter by Sec. 7081 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7085, 7086 of this title.

-CITE-

10 USC Sec. 7083 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART III - EDUCATION AND TRAINING

CHAPTER 607 - RETIREMENT OF CIVILIAN MEMBERS OF THE TEACHING STAFFS

OF THE UNITED STATES NAVAL ACADEMY AND UNITED STATES NAVAL

POSTGRADUATE SCHOOL

-HEAD-

Sec. 7083. Annuity premium to be paid by monthly installments;

government reimbursement

-STATUTE-

Each civilian member shall make a monthly allotment in an amount

equal to 10 percent of his monthly basic salary toward the purchase

of his deferred annuity policy. For each month the allotment is in

force, the pay account of the civilian member shall be credited

monthly from appropriations made for this purpose with an

additional amount equal to 5 percent of his monthly basic salary.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 439; Pub. L. 89-718, Sec. 39,

Nov. 2, 1966, 80 Stat. 1120.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

7083 34 U.S.C. 1073a. Jan. 16, 1936, ch.

3, Sec. 2, 49 Stat.

1092.

-------------------------------

The words ''Chief, Field Branch, Bureau of Supplies and

Accounts'' are substituted for the words ''Navy Allotment Office,

Navy Department, Washington, District of Columbia'', to designate

the agency through which allotments are now made.

AMENDMENTS

1966 - Pub. L. 89-718 removed requirement that the 10 percent

monthly allotment be made through the Chief, Field Branch, Bureau

of Supplies and Accounts.

-CITE-

10 USC Sec. 7084 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART III - EDUCATION AND TRAINING

CHAPTER 607 - RETIREMENT OF CIVILIAN MEMBERS OF THE TEACHING STAFFS

OF THE UNITED STATES NAVAL ACADEMY AND UNITED STATES NAVAL

POSTGRADUATE SCHOOL

-HEAD-

Sec. 7084. Age of retirement

-STATUTE-

A civilian member may be retired at any time after his

sixty-fifth birthday, and shall be retired by June 30 following

that birthday. However, in any special case the Secretary of the

Navy may defer the retirement of a member until a date not later

than the member's seventieth birthday.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 439.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

7084 34 U.S.C. 1073b. Jan. 16, 1936, ch.

3, Sec. 3, 49 Stat.

1092.

-------------------------------

The words ''individual and'' are omitted as surplusage.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7085 of this title.

-CITE-

10 USC Sec. 7085 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART III - EDUCATION AND TRAINING

CHAPTER 607 - RETIREMENT OF CIVILIAN MEMBERS OF THE TEACHING STAFFS

OF THE UNITED STATES NAVAL ACADEMY AND UNITED STATES NAVAL

POSTGRADUATE SCHOOL

-HEAD-

Sec. 7085. Computation of life annuity

-STATUTE-

Each civilian member who retires under section 7084 of this title

is entitled to a life annuity computed by multiplying his average

annual compensation during any five consecutive years of allowable

service, at his option, by his number of years of service, not

exceeding 35, and dividing the product by 70. The retirement

annuity payable to a retired civilian member under a policy

required by section 7082 of this title is counted as part of the

retirement annuity provided in this section. Any difference

between the amount received by the retired civilian member under

his annuity policy and the total annual amount to which he is

entitled under this section shall be paid to him by the Secretary

of the Navy from appropriations made for this purpose.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 439.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

7085 34 U.S.C. 1073c-1 Jan. 16, 1936, ch.

(less 2d proviso). 3, Sec. 4A (less 2d

proviso); added

Nov. 28, 1943, ch.

331, Sec. 1, 57

Stat. 594.

-------------------------------

The words ''terminable on his death at the rate of the following

total annual amount'' are omitted as surplusage, since they are

covered by the words ''life annuity''.

The words ''basic salary, pay, or'' are omitted as surplusage,

since they are covered by the word ''compensation''. The first

proviso is omitted as unnecessary, since all existing rights and

benefits of persons affected by this title are protected by a

general saving provision.

INCREASE IN ANNUITIES OF CIVILIAN MEMBERS WHO RETIRED BEFORE APRIL

1, 1948

Section 30 of Pub. L. 85-861, Sept. 2, 1958, 72 Stat. 1563,

provided that:

''(a) A retired civilian member of the teaching staff of the

United States Naval Academy or the United States Naval Postgraduate

School who retired before April 1, 1948, is entitled to be paid,

out of applicable current appropriations, $300 a year in addition

to the annuity to which he is entitled under section 7085 of title

10 (this section).

''(b) A retired civilian member whose annuity, when increased by

$300 under subsection (a), is less than $1,860 is entitled to be

paid an additional $300 a year out of applicable current

appropriations.

''(c) Additions to the annuities of retired civilian members

under subsection (b) do not increase the annuities payable to the

survivors of those members.''

INCREASE OF ANNUITIES - 1957

Pub. L. 85-40, May 31, 1957, 71 Stat. 42, provided: ''That the

annuities, payable under chapter 607 of title 10, United States

Code (this chapter), to civilian members of the teaching staff of

the United States Naval Academy or the United States Naval

Postgraduate School are increased as follows: That portion of an

annuity which is not in excess of $1,500 is increased by 12 per

centum, and that portion of an annuity which is in excess of $1,500

is increased by 8 per centum. These increases shall not exceed the

sum necessary to increase the annuity to $4,104, and are in

addition to the increases authorized by Public Law 371,

Eighty-fourth Congress. The monthly installments of each annuity

shall be fixed at the nearest dollar.

''Sec. 2. The increases provided by section 1, when added to the

annuities of retired civilian members of the teaching staff of the

United States Naval Academy or the United States Naval Postgraduate

School, do not increase the annuities of their survivors. The

annuity of any such survivor, however, who is entitled to or

becomes entitled to an annuity under chapter 607 of title 10,

United States Code (this chapter), shall be increased in accordance

with the following schedule:

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''If annuity Portion of annuity Portion of annuity in

commences between - not in excess of excess of $1,500

$1,500 shall be shall be increased

increased by - by -

---------------------------------------------------------------------

per centum per centum

Jan. 16, 1936, and 12 8

June 30, 1955

July 1, 1955, and 10 7

Dec. 31, 1955

Jan. 1, 1956, and 8 6

June 30, 1956

July 1, 1956, and 6 4

Dec. 31, 1956

Jan. 1, 1957, and 4 2

June 30, 1957

July 1, 1957, and 2 1

Dec. 31, 1957

-------------------------------

''Sec. 3. Any provision of law, enacted after the effective date

of this Act (May 31, 1957), which increases the annuities of

retired employees and their survivors who are entitled to annuities

under the Civil Service Retirement Act of May 29, 1930, as amended

(5 U.S.C. 691 et seq.) (now covered by section 8331 et seq. 30 of

Title 5), shall be applicable in like manner and to the same extent

to civilian members of the teaching staff of the United States

Naval Academy and of the United States Naval Postgraduate School

and their survivors who are entitled to annuities under chapter 607

of title 10, United States Code (this chapter).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7086, 7087 of this title.

-CITE-

10 USC Sec. 7086 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART III - EDUCATION AND TRAINING

CHAPTER 607 - RETIREMENT OF CIVILIAN MEMBERS OF THE TEACHING STAFFS

OF THE UNITED STATES NAVAL ACADEMY AND UNITED STATES NAVAL

POSTGRADUATE SCHOOL

-HEAD-

Sec. 7086. Physical disability retirement

-STATUTE-

(a) Each civilian member who has served not less than five years,

and who, before reaching the age of 65, becomes totally disabled

for useful and efficient service in his position, by reason of

disease or injury not due to his own vicious habits, intemperance,

or willful misconduct shall, upon his application or upon the

request of the Secretary of the Navy, be retired with a life

annuity computed under section 7085 of this title.

(b) The amount that the Secretary shall pay annually under this

section is the difference between the total amount to which the

retired member is entitled under subsection (a) and the immediate

life annuity to which he is entitled at the time of his disability

retirement under the annuity policy required by section 7082 of

this title.

(c) Each civilian member retired under this section, unless the

disability for which he was retired is permanent in character,

shall be examined by a board of medical officers designated by the

Superintendent of the Naval Academy or of the Postgraduate School,

as appropriate, one year after his retirement and annually

thereafter, until he becomes 65 years of age.

(d) Payments by the Secretary under this section shall be

terminated if the retired civilian member is found to be

sufficiently recovered for useful and efficient service in his

former position and is offered reemployment in that position by the

Superintendent.

(e) If a civilian member retired under this section is later

reemployed by the United States, the payments by the Secretary

shall be terminated.

(f) Each civilian member retired under this section who is

reemployed as a civilian member of the teaching staff of the Naval

Academy or the Naval Postgraduate School shall, upon his later

retirement, be paid annually by the Secretary the difference

between the total annual amount computed under section 7085 of this

title and the immediate life annuity which the total premiums paid

on his annuity contracts would buy.

(g) No person may receive payments from the Secretary of the Navy

under this chapter and, for the same period of time, compensation

under chapter 81 of title 5.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 439; Pub. L. 89-718, Sec. 40,

Nov. 2, 1966, 80 Stat. 1120.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

7086 34 U.S.C. 1073c-2. Jan. 16, 1936, ch.

3, Sec. 4B; added

Aug. 2, 1946, ch.

740, 60 Stat. 804.

-------------------------------

In subsection (a) the words ''reaching the age of 65'' are

substituted for the words ''becoming eligible for retirement under

the conditions defined in the preceding sections hereof'', since a

civilian member's 65th birthday is the date on which he becomes

eligible for retirement under this chapter.

In subsection (c) the words ''or the Postgraduate School, as

appropriate'' are inserted because the Postgraduate School and the

Naval Academy are now two separate institutions.

In subsection (f) the words ''or the Naval Postgraduate School''

are inserted for the same reason.

In subsection (g) the words ''Federal Employees Compensation Act

of September 7, 1916, as amended (5 U.S.C. 751 et seq.),'' are

substituted for the words ''Act of Sept. 7, 1916, entitled 'An act

to provide compensation for employees of the United States

suffering injuries while in the performance of their duties, and

for other purposes' ''. Authority for referring to this Act as the

Federal Employees Compensation Act is contained in the Federal

Employees Compensation Act Amendments of 1949, 63 Stat. 854. The

words ''but this provision shall not bar the right of any claimant

to the greater benefit conferred by either Act for any part of the

same period'' are omitted as unnecessary.

AMENDMENTS

1966 - Subsec. (g). Pub. L. 89-718 substituted ''chapter 81 of

title 5'' for ''sections 751-756, 757-791, and 793 of title 5''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7087 of this title.

-CITE-

10 USC Sec. 7087 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART III - EDUCATION AND TRAINING

CHAPTER 607 - RETIREMENT OF CIVILIAN MEMBERS OF THE TEACHING STAFFS

OF THE UNITED STATES NAVAL ACADEMY AND UNITED STATES NAVAL

POSTGRADUATE SCHOOL

-HEAD-

Sec. 7087. Election of annuity for self and beneficiary

-STATUTE-

(a) At the time of his retirement, a civilian member retiring

under this chapter may elect to receive instead of the amount

payable annually by the Secretary of the Navy under section 7085 or

7086 of this title a reduced annuity for his life and an annuity

payable after his death to his beneficiary in either -

(1) an amount equal to his reduced annuity; or

(2) an amount equal to 50 percent of his reduced annuity.

The annuities payable to principal and beneficiary, under either

election, shall be in amounts that have, on the date of the

retirement of the civilian member, a combined actuarial value equal

to the actuarial value of the annuity payable by the Secretary

under section 7085 or 7086 of this title, as determined under

actuarial tables prepared by the Director of the Office of

Personnel Management.

(b) If the civilian member elects to take a reduced annuity under

this section, he shall, at the time of his retirement, designate

the beneficiary in writing and file the designation with the

Secretary.

(c) The annuity payable under this section to the beneficiary of

a deceased civilian member shall be terminated upon the death of

the beneficiary.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 440; Pub. L. 97-295, Sec.

1(45), Oct. 12, 1982, 96 Stat. 1298.)

-MISC1-

Historical and Revision Notes

1956 Act

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

7087 34 U.S.C. 1073c-3. Jan. 16, 1936, ch.

3, Sec. 4C; added

Aug. 2, 1946, ch.

740, 60 Stat. 805.

-------------------------------

In subsection (a) the words ''under actuarial tables prepared by

the Civil Service Commission'' are substituted for the words

''under the provisions of the Civil Service Retirement Act''

because that Act, as amended in 1948, no longer provides for the

computation of actuarial values. The Secretary of the Navy, in

administering the provisions of law codified in this section, uses

tables prepared by the Civil Service Commission prior to the 1948

amendment.

1982 ACT

This amends 10:7087(a) to reflect the transfer of functions from

the Civil Service Commission to the Director of the Office of

Personnel Management under section 102 of Reorganization Plan No. 2

of 1978 (eff. Jan. 1, 1979, 92 Stat. 3783).

AMENDMENTS

1982 - Subsec. (a). Pub. L. 97-295 substituted ''Director of the

Office of Personnel Management'' for ''Civil Service Commission''.

-CITE-

10 USC Sec. 7088 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART III - EDUCATION AND TRAINING

CHAPTER 607 - RETIREMENT OF CIVILIAN MEMBERS OF THE TEACHING STAFFS

OF THE UNITED STATES NAVAL ACADEMY AND UNITED STATES NAVAL

POSTGRADUATE SCHOOL

-HEAD-

Sec. 7088. Regulations

-STATUTE-

The Secretary of the Navy shall prescribe regulations for the

administration of this chapter.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 441.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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7088 34 U.S.C. 1073e. Jan. 16, 1936, ch.

3, Sec. 6, 49 Stat.

1093.

-------------------------------

The appropriations authorization in the second sentence of the

source is omitted as unnecessary.

-CITE-