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Page:United States Statutes at Large Volume 80 Part 1.djvu/1102

 1066 E x t e n s i o n of credit to Commun i s t c o u n t r i e s, restriction. 76 Stat. 261. 22 USC 2370.

Report to Congress.

PUBLIC LAW 89-698-OCT. 29, 1966

[80

STAT.

SEC. 90e3, Xone of the funds made available because of the provisions of this Act shall be used by the Export-Import Bank to either guarantee the payment of any obligation hereafter incurred by any Communist country (as defined in section 620(f) of the Foreign Assistance Act of 1961, as amended) or any agency or national thereof, or in any other way to participate in the extension of credit to any such country, agency, or national, in connection with the purchase of any product by such country, agency, or national, except when the President determines that such guarantees would be in the national interest and reports each such determination to the House of Representatives and the Senate within thirty days after such determination. Approved October 27, 1966.

Public Law 89-698 October 29, 1966 [H. R. 14643]

International Education Act of 1966.

AN ACT To provide for the strengthening of American educational resources for international studies and research.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "International Education Act of 1966". F I N D I N G S AND D E C L A R A ' n O N

SEC. 2. The Congress hereby finds and declares that a knowledge of other countries is of the utmost importance in promoting mutual understanding and cooperation between nations; that strong American educational resources are a necessary base for strengthening our relations with other countries; that this and future generations of Ameritmns should be assured ample opportunity to develop to the fullest extent possible their intellectual capacities in all areas of knowledge pertaining to other countries, peoples, and cultures; and that it is therefore c>oth necessary and appropriate for the Federal Government to assist in the development of resources for international study and lesearch, to assist in the development of resources and trained personnel in academic and professional fields, and to coordinate the existing and future programs of the Federal Government in international education, to meet the requirements of world leadership. TITLE I—GRANT P R O G R A M S FOR A D V A N C E D A N D UNDERGRADUATE INTERNATIONAL STUDIES CENTERS FOR ADVANCED INTERNATIONAL

STUDIES

SEC. 101. (a) The Secretary of Health, Education, and Welfare (hereinafter referred to as the "Secretary") is authorized to arrange through grants to institutions of higher education, or combinations of such institutions, for the establishment, strengthening, and operation by them of graduate centers which will be national and international resources for research and training in international studies and the international aspects of professional and other fields of study. Activities carried on in such centers may be concentrated either on specific geographical areas of the world or on particular fields or issues in world affairs which concern one or more countries, or on both. The Secretary may also make grants to public and private nonprofit agencies and organizations, including professional and scholarly associations, when such grants will make an especially significant contribution to attaining the objectives of this section.

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Page:United States Statutes at Large Volume 80 Part 1.djvu/1103

 80 STAT. ]

PUBLIC LAW 89-698-OCT. 29, 1966

1067

(b) Grants under this section may be used to cover part or all of the cost of establishing, strengthening, equipping, and operating research and training centers, including the cost of teaching and research matelials and resources, the cost o i program s for bringing visiting scholars and faculty to the center, and the cost of training, improvement, and travel of the staff for the purpose of carrying out the objectives of this section. Such grants may also include funds for stipends (in such amounts as may be determined in accordance with regulations of the Secretary) to individuals undergoing training in such centers, including allowances for dependents and for travel for research and study here and abroad. Grants under this section shall be made on such conditions as the Secretary finds necessary to carry out its purposes. GKAXTS TO S T R E N G THE N UXDERCRADUATE PROGRAMS I N STUDIES

INTERNATIONAL

SEC. 102. (a) The Secretary is authorized to make ^-rants to institutions of higher education, or combinations of such institutions, to assist them in planning, developing, and carrying out a comprehensive program to strengthen and improve undergraduate instruction in international studies. Grants made under this section may be for projects and activities which are an integral part of such a comprehensive program such as— (1) planning for the development and expansion of undergraduate programs in international studies; (2) teaching, researcli, curriculum development, and other related activities; (3) training of faculty members in foreign countries; (4) expansion of foreign language courses; (5) planned and supervised student work-study-travel programs; (6) programs under which foreign teachers and scholars may visit institutions as visiting faculty; and (7) programs of English language training for foreign teachers, scholars, and students. The Secretary may also make grants to public and private nonprofit agencies and organizations, including professional and scholarly associations, when such grants will make an especially significant contribution to attaining the objectives of this section. (b) A grant may be made under this section only upon application appuJauon ap-*^ to the Secretary at such time or times and containing such information provai. as he deems necessary. The Secretary shall not approve an application unless it— (1) sets forth a program for carrying out one or more projects or activities for which a grant is authorized under subsection (a); (2) sets forth policies and procedures which assure that Federal funds made available under this section for any fiscal year will be so used as to supplement and, to the extent practical, increase the level of funds that would, in the absence of such Federal funds, be made available for purposes which meet the requirements of subsection (a), and in no case supplant such funds; (3) provides for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for Federal funds paid to the applicant under this section; and (4) provides for making such report, in such form and con- Recordkeeping. taining such information, as the Secretary may require to carry out his functions under this section, and for keeping such records and for affording such access thereto as the Secretary may find necessary to assure the correctness and verification of such reports.

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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Page:United States Statutes at Large Volume 80 Part 1.djvu/1104

 1068 Allocation of grants.

PUBLIC LAW 89-698-OCT. 29, 1966

[80 STAT.

(c) The Secretary shall allocate grants to institutions of higher education under this section in such manner and according to such plan as will most nearly provide an equitable distribution of the grants throughout the States while at the same time giving a preference to those institutions which are most in need of funds for programs in international studies and which show real promise of being able to use funds effectively. METHOD OF PAYMENT; FEDERAL ADMINISTRATION

Publication in Federal Register.

SEC. 103. (a) Payments under this title may be made in installments, and in advance or by way of reimbursement with necessary adjustments on account of overpayments or underpayments. (b) I n administering the provisions of this title, the Secretary is authorized to utilize the services and facilities of any agency of the Federal Government and of any other public or nonprofit agency or institution, in accordance with written agreements between the Secretary and the head thereof published in the Federal Register three weeks prior to the date on which any such agreement is to become effective. FEDERAL CONTROL OF EDUCATION PROHIBITED

SEC. 104. Nothing contained in this Act shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution, or the selection of library resources by any educational institution or over the content of any material developed or published under any program assisted pursuant to this Act. AUTHORIZATION AND REPORTS

SEC. 105. (a) There is authorized to be appropriated $1,000,000 for the fiscal year ending June 30, 1967, which shall be available only for the purpose of preparing the report provided for in subsection (b) of this section. There are authorized to be appropriated $40,000,000 for the fiscal year ending June 30, 1968,.and $90,000,000 for the fiscal year ending June 30, 1969, for the purpose of carrying out the provisions of this title. For the fiscal years thereafter there shall be appropriated for the purpose of carrying out the provisions of this title only such amount-i as he Congress may hereafter authorize by law. den^^andVo°n^ress (^) '^^^ Secretary shall prepare, with the advice of the Advisory ' Committee appointed pursuant to section 106, a report containing specific recommendations for carrying out the provisions of this title, including any recommendations for amendments to this title and to portions of other laws amended by this Act, and shall submit such report to the President and the Congress not later than April 30, 1967. rf^^°^^ '° ^°"" (^) Prior to January 31, 1968, and prior to January 31 in each gress. year thereafter, the Secretary shall make a report to the Congress which reviews and evaluates activities carried on under the authority of this Act and which reviews other activities of the Federal Government drawing upon or strengthening American resources for international study and research and any existing activities and plans to coordinate and improve the efforts of the Federal Government in international education.

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Page:United States Statutes at Large Volume 80 Part 1.djvu/1105

 80

STAT.]

1069

PUBLIC LAW 89-698-OCT. 29, 1966

N A T I O N A L ADVISORY COMMITTEE ON INTERNATIONAL

STUDIES

SEC. 106. (a) The President is authorized to establish in the Department of Health, Education, and Welfare a National Advisory Committee on International Studies, consisting of the Assistant Secretary of Health, Education, and Welfare for Education who shall be chairman, and not more than fifteen additional members appointed by the President so that a majority shall constitute a broad representation of higher education in the United States and the remainder shall include representatives of the general public and individuals experienced in foreign affairs. (b) The Advisory Committee shall advise the Secretary in the preparation of the report provided for in section 105(b) of this Act, and thereafter shall advise the Secretary in carrying out the provisions of this Act. The recommendations of the Advisory Committee shall be included in the report provided for in section 105(b) of this Act and in the anmial reports provided for in section 105(c) of this Act. (c) Members of the Advisory Committee who are not regular fulltime employees of the United States shall, while serving on business of the Committee, be entitled to receive compensation at rates fixed by the President, but not exceeding $100 per day, including traveltime; and while so serving away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 of the United States Code for persons in Government service employed intermittently. (d) The Advisory Committee is authorized to appoint without regard to the provisions of title 5, United States Code, covering appointment in the competitive service, and fix the compensation of, without regard to chapter 51 and subchapter III of chapter 53 of such title, such professional and technical personnel as may be necessary to enable it to carry out its duties. TITLE II — AMENDMENTS TO OTHER

Compensation.

Ante, p. 499.

Ante, p. 416.

Ante, 467.

pp.

LAWS

AMENDMENTS TO S T R E N G THE N ITTI^E VI OF THE N A T I O N A L D E F E N S E EDUCATION ACT OF 1958

Kemo\ing Kequirement for Area Centers That Adequate Language Instruction Not Be Readily Available SEC. 201. (a)(1) The first sentence of section 601(a) of the National Defense Education Act of 1958 is amended by striking out " (1) " and by striking out ", and (2) that adequate instruction in such language is not readily available in the United States". (2) The first sentence of section 601(b) of such Act is amended by striking o u t " (wnth respect to which he makes the determination under clause (1) of subsection (a)) " and inserting in lieu thereof "(with respect to which he makes the determination under subsection (a)) ". Removing 50 Per Centum Ceiling on Federal Participation (b) The third sentence of section 601(a) of such Act is amended by striking out "not more than 50 per centum" and inserting "all or part" in lieu thereof.

65-300 0-67—70

72 Stat. 1593. 20 USC 511.

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Page:United States Statutes at Large Volume 80 Part 1.djvu/1106

 1070

PUBLIC LAW 89-698-OCT. 29, 1966

[80 STAT.

Authorizing Grants as Well as Contracts for Language and x\rea Centers (c) Section 601(a) of such Act is amended further by inserting "grants to or" after "arrange through" in the first sentence, and by inserting "grant or" before "contract" each time that it appears in the second and third sentences. Vesting Authority for Language and Area Programs in Secretary (d) Section 601 of such Act is further amended by striking out "Commissioner" each time such term occurs therein and inserting in lieu thereof "Secretary". AMENDMENTS TO S'JRENCiTHEN TITLE XI OF THE N A T I O N A L DEFENSE EDUCATION ACT OF 1958

^8 Stat 1107

gj,(..202. Title X I of the National Defense Education Act of 1958 IS amended— (1) by inserting after the title the following: "PART I— GENERAL";

(2) by striking out the word "title" in section 1102 and inserting in lieu thereof the word "part"; and (3) by adding at the end thereof a new part as follows: " P A R T II—INTERNATIONAL AFFAIRS "INTERNATIONAL AFFAIRS INSTITUTES FOR SECONDARY SCHOOL TEACHERS

"SEC. 1111. There are authorized to be appropriated $3,500,000 for the fiscal year ending June 30, 1967, and $6,000,000 for the fiscal year ending June 30, 1968, to enable the Commissioner to arrange through contracts with institutions of higher education for the establishment and operation of short-term or regular-session institutes for teachers in secondary schools in order to give them a broader understanding of international affairs. Any such arrangement may cover the cost of the establishment and operation of the institute with respect to which it is made, including the cost of grants to the statT of travel in the foreign areas, regions, or countries with M'hich the subject matter of the field or fields in which they are or will be working is concerned, and the cost of travel of foreign scholars to enable them to teach or assist in teaching in such institute and the cost of their return, and shall be made on such conditions as the Commissioner finds necessary to carry out the purposes of this section. "STIPENDS

"SEC. 1112. The Commissioner is authorized to ]>ay stipends to any individual to study in a program assisted under tli.e provisions of this part upon determining that assisting such individual in such studies will promote the purpose of this part. Stipends under the provisions of this section may include allowances for dependents and for travel to and from the place of residence."

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 80 STAT. ]

PUBLIC LAW 89-698-OCT. 29, 1966

1071

AMENDMENTS TO MUTUAL EDUCATIONAL AND CULTURAL EXCHANGE ACT OF 1961

S E C 203. (a) Section 102(b) of the Mr.tual Educational and Cul- F°^eig" students. tural Exchange Act of 1961 (22 U.S.C. 2-152) is amended (1) by rency for u.s. doistriking the period at the end of chmse (9) and substituting a semi- ^^"'g ^^ 523 colon and the word "and"; and (2) by add ng at the end thereof a new clause as follows: "(10) promoting studies, research, instruction, and other educational activities of citizens and nationals of foreign countries in American schools, colleges, and universities located in the United States by making available to citizens and nationals of less developed friendly foreign countries for exchange for currencies of their respective countries (other than excess foreign currencies), at United States embassies, I'n'ted States dollars in such amounts as may be necessary to enable such foreign citizens or nationals who are coming temporarily to the United States as students, trainees, teachers, instructors, or professors to meet expenses of the kind described in section 104(e)(1) of this Act."

22 USC 2454.

(b) Section 104 of the Mutual Educational and Cultural Exchange ex^chlng^e'o?/orAct of 1961 is amended by adding at the end thereof a new subsection eign currencies. .,c ffYllrvwt!' asIOlJOWS,

^

75 Stat. 529. 22 USC 2454.

'''(g)(1) For the purpose of performing functions authorized by section 102(b) (10) of this Act, the President is authorized to establish the exchange rates at which all foreign currencies may be acquired through operations under such section, and shall issue regulations binding upon all embassies with respect to the exchange rates to be applicable in each of the respective comitries where currency exchanges are authorized under such section. " (2) I n performing the functions authorized under section 102(b) (10) of this Act, the President shall make suitable arrangements for ^"P'-^protecting the interests of the United States Government in connection with the ownership, use, and disposition of all foreign currencies acquired pursuant to exchanges made under such section. "(3) The total amount of United States dollars acquired by any Limitation of individual through currency exchanges under the authority of sec- °'"°"" • tion 102(b) (10) of this Act shall in no event exceed $3,000 during any academic year. "(4) An individual shall be eligible to exchange foreign currency provisions'*^ for United States dollars at United States embassies under section 102(b) (10) of this Act only if he gives satisfactory assurances that (A) he will devote essentially full time to his proposed educational activity in the United States and will maintain good standing in relation to such program; (B) he will return to the country or his citizenship or nationality prior to coming to the United States and will render such public service as is determined acceptable for a period of time determined reasonable and necessary by the government of such country; and (C) he will not apply for an immigrant visa or for permanent residence or for a nonimmigrant visa under the Immi- 66 Stat. 163. gration and Nationality Act after having received any benefits under 8 USC 1101 such section for a period of time equal to the period of study, research, note^ instruction, or other educational activity he performed pursuant to such section.

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Page:United States Statutes at Large Volume 80 Part 1.djvu/1108

 1072 " E x c e s s foreign c u r r e n c i e s.

Appropriation. 22 USC 2455.

PUBLIC LAW 89-698-OCT. 29, 1966

[80

STAT.

"(5) As used in section 102(b) (10) of this Act, the term 'excess foreign currencies' means foreign currencies, which if acquired by the United States (A) would be in excess of the normal requirements of departments, agencies, and embassies of the United States for such currencies, as determined by the President, and (B) would be available for the use of the United States Government under applicable agreements with the foreign country concerned." (c) Section 105 of the Mutual Educational and Cultural Exchange Act of 1961 is amended by adding at the end thereof a new subsection as follows: " (g) Notwithstanding any other provision of this Act, there are authorized to be appropriated for the purposes of making currency exchanges under section 102(b) (10) of this Act, not to exceed $10,000,000 for the fiscal year ending June 30, 1968, and not to exceed $15,000,000 for the fiscal year ending June 30, 1969.". KXTENDING THE B E N E F I T S OF THE LOAN INSURANCE PROGRAM UNDER TITLE IV - B OF THE H I G H E R EDUCATION ACT OF 1965 TO STUDENTS STUDYING ABROAD

79 Stat. 1247. 20 USC 1085.

SEC. 204. The second sentence of section 435(a) of the Higher Education Act of 1965 is amended by inserting after "Such term" the following: "includes any institution outside the States which is comparjible to an institution described in the preceding sentence and which has been approved by the Commissioner for the purposes of this title, and". TITLE III—STI^DY BY THE SECRETARY OF H E A L T H, E D U C A T I O N, AND W E L F A R E AUTHORIZATION FOR A STUDY ON WAYS TO REDUCE THE DRAIN FROM D E V E L O P I N G COUNTRIES OF PROFESSIONAL PERSONS AND S K I L L E D S P E CIALISTS W H O S E S K I L L S ARE U R G E N T L Y NEEDED

Report to P r e s i dent and e o n gress.

Appropriation.

SEC. 301. (a) The Secretary of Health, Education, and Welfare shall conduct a study and investigation to determine (1) the total number of individuals who enter the United States from developing countries annually to further their education, and who remain in the Ignited States; (2) the reasons for their failure to return to their home countries; and (3) means of encouraging the return of such individuals to the countries of their last residence or nationality, so they may put their education and training to work in the service of their liomelands. (b) The Secretary of Health, Education, and Welfare shall report to the President and to the Congress as soon as practicable on his findings and conclusions together with such recommendations for any legislation he deems desirable to encourage the return of such individuals to such countries. (c) I t is hereby authorized to be appropriated the sum of $50,000 for the purpose of carrying out this study. TITLE IV—AUTHORIZATION FOR USE OF CERTAIN L A N D AS R E C R E A T I O N A R E A AUTHORIZATION

SEC. 401. Notwithstanding the provisions of the Act of April 29, 1876 (19 Stat. 4 1; 40 U.S.C. 214), and the provisions of the Act of July 31, 1946 (60 Stat. 718; 40 U.S.C. 193a-193i), the Architect of the Capitol is authorized to permit the Board of (Commissioners of the District of Columbia to operate for recreational purposes only, and without any improvement to said land, that part of the United

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Page:Folk-lore - A Quarterly Review. Volume 15, 1904.djvu/205

 COLLECTANEA.

(Ante, p. 2.)

Plate III. we figure an object made of curiously-plaited straws, exhibited at the Meeting of December 17th by Miss E. M. Grafton, late of Heysham, Lancashire, who received it from Miss J. A. Gourlay, Kempshott Park, Basingstoke, with the following information:—

[In August, 1903] "we passed a field about five or six miles from Cambridge, where they were harvesting. I remember noticing that some of the people were sitting about (perhaps making these things). Soon afterwards we reached the village, Harston, and while waiting in front of the inn for tea a man came along our road— presumably from the field we had passed—with two of these straw brooms, which he pressed upon us. To justify his price he pointed out what a lot of work there was in them, but he did not seem to know much else about them. I remember thinking that he did not look like a local labourer, but more like a tramp harvester."

The maidservant at the lodgings where Miss Grafton was then staying in Cambridge recognised the exhibit as an object famihar to her. Dr. W. H. D. Rouse has since kindly undertaken to inquire into the matter, but has only succeeded in ascertaining that the objects in question are known also at Cottenham in the same neighbourhood, and are hung up as ornaments at harvest thanksgiving services in churches and chapels, and also in farmhouses. If they are a survival of the harvest-doll or corn-baby, they are a survival in the last stage of decay.

Any further information on the subject will be acceptable.


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Page:United States Statutes at Large Volume 80 Part 1.djvu/1109

 80 STAT. ]

PUBLIC LAW 89-699-OCT. 30, 1966

1073

States Capitol Grounds known as Square 732 in the District of Columbia, bounded by Independence Avenue, S.E., Second Street, S.E., C Street, S.E., and First Street, S.E., and intersected by Carroll Street, for such period of time as said land is not required for building or other purposes by the Architect of the Capitol. Approved October 29, 1966.

Public Law 89-699 AN ACT

October 30, 1966

To amend the Railroad Retirement Act of 1937 and the Railroad Retirement Tax Act, and for other purposes.

[H. R. 17285]

Be it enacted by the Senate and House of Representatives United States of America in Congress assembled, That—

of the

Railroad Retirement Act of 1937 and Railroad Re-

TITLE I — AMENDMENTS T OTHER A I L E O A D E E T I R E - '"^'"-"t Tax Act, M E N T ACT O F 1987 TO P R O VI D E S U P P L E M E N T A L ANNUITIES 1. Section 3 of the Railroad Retirement Act of 1937 is 7 2^stftr\'779°' amended by adding at the end thereof the following new subsection: 45 USC 228c. SECTION

"SUPPLEMENTAL ANNUITIES

" (j)(1) An individual who is entitled to the payment of an annuity under section 2 of this Act (other than subsection (e) or (h) thereof) 73^|ta\!*'26^^' and had a current connection with the railroad industry at the time 45 USC 228b. such annuity began to accrue, shall be entitled to have a supplemental annuity accrue to him for each month beginning with the month in which he has (i) attained the age of sixty-five and (ii) completed twenty-five or more years of service. The amount of the supplemental annuity shall be $45 plus an additional amount of $5 for each year of service that the individual has in excess of 25 years, but in no case shall the supplemental annuity exceed $70: Provided, however, That in cases where an individual's annuity under section 2 of this Act begins to accrue on other than the first day of the month, the amount of any supplemental annuity to which he is entitled for that month shall be reduced by one-thirtieth for each day with respect to which he is not entitled to an annuity under section 2. The supplemental annuity provided by this subsection shall, with respect to any month, be subject to the same provisions of subsection (d) of section 2 of this Act as the individual's annuity under such section 2. Except as provided in subsection (a)(2) of this section, the supplemental annuity ^°^'' P- ^°^^provided by this subsection shall not be taken into consideration in determining or computing any other annuity or benefit under this Act. "(2) The supplemental annuity provided by this subsection for an individual shall, with respect to any month, be reduced by the amount of the supplemental pension, attributable to the employer's contribution, that such individual is entitled to receive for that month under any other supplemental pension plan: Provided, however, That the maximum of such reduction shall be equal to the amount of the supplemental annuity less any amount by which the supplemental pension is reduced by reason of the supplemental annuity. "(3) The supplemental annuity provided by this subsection shall terminate with such annuity accruing for the sixtieth month following enactment of this subsection. "(4) The provisions of section 12 of this Act shall not operate to -^s use 228^ exclude the supplemental annuities herein provided for from income

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Page:United States Statutes at Large Volume 80 Part 1.djvu/1110

 1074

45 USC liL

PUBLIC LAW 89-699-OCT. 30, 1966

taxable pursuant to the Federal income tax provisions of the Internal Revenue Code of 1954." ^^^' ^- (^) Section 15 of the Railroad Retirement Act of 1937 is amended by inserting after subsection (a) the following: uRAILROAD

Ante, p. 1073.

Post, p. 1078.

77 Stat. 220.

Effective date. 45 USC 228b.

60 Stat. 727.

[80 STAT.

RETIREMENT SUPPLEMENTAL

ACCOUNT

" (b) There is hereby created an account in the Treasury of the United States to be known as the Railroad Retirement Supplemental Account. There is hereby appropriated to the Railroad Retirement Supplemental Account, for the fiscal year ending June 30, 1967, and for each fiscal year thereafter, out of any moneys in the Treasury not otherwise appropriated, to provide for the payment of supplemental annuities in accordance with the provisions of section 3(j) ^-f ^j^jg ^^.^^ ^j^^ f^j. cxpeuses uccessary for the Board in the administration of such section 3(j) as may be specifically authorized annually in Appropriation Acts, for crediting to such Supplemental Account, an amount equal to amounts covered into the Treasury (minus refunds) during the fiscal year ending June 30, 1967, and during each fiscal year thereafter, under sections 3211(b) and 3221(c) of tjjg Railroad Retirement Tax Act. "At the end of forty-eight months following the enactment of the Act establishing the Railroad Retirement Supplemental Account the Railroad Retirement Board, having surveyed the progress of such Account, shall make a determination of whether the balance in such Account together with the anticipated income to the Account for the next succeeding twelve months will be sufficient to provide for the payment of the supplemental annuities provided for in section 3(j) (1) of this Act. In the event that such determination is that such balance and such anticipated income will not be sufficient to provide for the payment of all such supplemental annuities in the amounts specified, the Railroad Retirement Board is hereby authorized and directed to readjust the amounts of all such supplemental annuities, proportionately, so that such balance and anticipated income will be sufficient to provide for payment of all the supplemental annuities as so readjusted for the next succeeding twelve months." (b) Section 15 of such Act is further amended by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; by striking out the word "Account" where it first appears in subsection (c) as redesignated and inserting in lieu thereof "Railroad Retirement Account and the Railroad Retirement Supplemental Account (hereinafter jointly referred to as 'Accounts' or 'Railroad Retirement Accounts')"; by striking out "Account" each time it appears elsewhere in such redesignated subsections and inserting in lieu thereof "Accounts". gj,^, 3 ^j^) rpj^g amendment made by section 1 of this title shall be effective with respect to individuals whose annuities under section 2 of the Railroad Retirement Act of 1937 are first awarded on or after July 1, 1966, provided that no supplemental annuity shall accrue for months before the calendar month following the month in which this Act is enacted: Provided, however, That if before July 1, 1966, an annuity was awarded to an individual under section 2(a) 4 or 5 of the Railroad Retirement Act of 1937, and such individual had recovered from disability and returned to the service of an employer before July 1, 1966, following which he was awarded an annuity after June 30, 1966, the annuity last awarded him shall be deemed to be an annuity first awarded within the meaning of this subsection but only if he would have a current connection with the railroad industry at the time the annuity last awarded begins to accrue, disregarding his earlier entitlement to an annuity.

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 80 STAT. ]

PUBLIC LAW 89-699-OCT. 30, 1966

1075

(b) The Kailroad Retirement Board is authorized to request the f^^ds"^^^*^ °^ Secretary of the Treasury to transfer from the Railroad Retirement Account to the credit of the Railroad Retirement Supplemental Account such moneys as the Board estimates would be necessary for the payment of the Supplemental annuities, provided for in section 3(j) of the Railroad Retirement Act of 1937, for the six months next fol- ^"^^' P- I°^^lowing enactment of this Act, and for administrative expenses necessary in the administration of such section 3(j) (which expenses are hereby authorized) until such time as an appropriation for such expenses is made pursuant to section 15(b) of such Act, and the Secre- '^'^' ^* ^°^'*" tary shall make such transfer. The Railroad Retirement Board shall request the Secretary of the Treasury at any time before the expiration of one year following the enactment of this Act, to retransfer from the Railroad Retirement Supplemental Account to the credit of the Railroad Retirement Account the amount transferred to the Railroad Retirement Supplemental Account pursuant to the next preceding sentence, plus interest at a rate equal to the average rate of interest borne by all special obligations held by the Railroad Retirement Account on the last day of the fiscal year ending on June 30, 1966, rounded to the nearest multiple of one-eighth of 1 per centum, and the Secretary shall make such retransfer. TITLE II — AMENDMENTS TO THE R A I L R O A D RETIREMENT ACT O F 1937 TO P R O VI D E AN I N C R E A S E I N CERTAIN A N N U I T I E S U N D E R THE ACT SEC. 201. (a)(1) Section 2(e) of the Railroad Retirement Act of.^spouse's annu1937 is amended by striking out the period at the end thereof and in- es Stat. 683; serting in lieu thereof the following: ": And provided further, That '^^4|'usc^2*28b the spouse's annuity provided for herein and in subsection (h) of this section shall be computed without regard to the reduction in the ^^ Stat. 26. individual's annuity under the first two provisos in section 3(a)(1) of this Act and without regard to the effect of section 3(a)(2) on the annuity of the individual from whom such spouse's annuity derives.". (2) Section 2 of such Act is further amended by adding a new subsection at the end thereof as follows: "(i) The spouse's annuity provided under subsections (e) and (h) of this section shall (before any reduction on account of age) be reduced in accordance with the first two provisos in section 3(a)(1) of this Act except that the spouse's annuity shall not be less than it would be had this Act not been amended in 1966." (b) Section 3(a) of such Act is amended by striking out all that computation of ^

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'

appeairs therein and inserting in lieu thereof the lollowing: "SEC. 3. (a)(1) The annuity shall be computed by multiplying an individual's 'years of service' by the following percentages of his 'monthly compensation': 3.58 per centum of the first $50; 2.69 per centum of the next $100; 1.79 per centum of the next $300; and 1.67 per centum of the remainder up to an amount equal to one-twelfth of the current maximum annual taxable 'wages' as defined in section 3121 of the Internal Revenue Code of 1954: Provided, however, That in cases where an individual is entitled to a benefit under title II of the Social Security Act, the amount so computed shall be reduced by 6.55 per centum of the amount of such social security benefit (disregarding any increases in such benefit based on recomputations other than for the correction of errors after such reduction is first applied and any increases derived from changes in the primary insurance amount through legislation enacted after the Social Security Amendments of 1965): Provided further, That in determining social security benefit amounts for the purpose of this subsection, if such individual's

annuities.

so Stat. 310. " ^ ^sc 228c. ^

68A Stat. 417. 26 USC 3121.

^'^ ^^^ '*°^-

79 Stat. 286. 42 USC 3 0 2 note.

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 1076

Ante, p. 1073.

45 u^sc 228^c^.'

es use 22^ ^8b

Ante, p. 1075. 45 USC 2^28e.

PUBLIC LAW 89-699-OCT. 30, 1966

[80 STAT.

average monthly wage is in excess of $400, only an average monthly wage of $400 shall be used: And provided further. That the amount of an annuity as computed under this subsection shall not be less than it would be had this Act not been amended in 1966. "(2) Notwithstanding the provisions of paragraph (1) of this subsection, and of subsection (e) of this section, the annuity of an individual for a month with respect to which a supplemental annuity under subsection (j) of this section accrues to him shall be computed or recomputed under the provisions of this subsection, or of subsection (e) of this section, as in effect before their amendment in 1966: Provided, however.. That if the application of the preceding provision of this paragraph would result in the amount of the annuity, plus the amount of a supplemental annuity (after adjustment under subsection (j)(2) of this section) payable to an individual for a month being lower than the amount which would be payable as an annuity except for such preceding provision, the annuity shall be in an amount which together with the amount of the supplemental annuity would be no less than the amount that would be payable as an annuity but for such preceding provision."' (c) Section 3(e) of such Act is amended by striking out all that precedes the first proviso and inserting in lieu thereof the following: " I n the case of an individual having a current connection with the railroad industry, the minimum annuity payable shall, before any reduc^'^^^ pursuant to section 2(a)(3), be whichever of the following is the least: (1) $5.35 multiplied by the number of his years of service; or (2) $89.35; or (3) 118 per centum of his monthly compensation except that the minimum annuity so determined shall be reduced in accord^ricQ, with the first two provisos in subsection (a)(1) of this section, but shall not be less than it would be had this Act not been amended in 1966:". (d) Section 5(h) of such Act is amended by striking out all that appears therein and substituting in lieu thereof the following: " MAXIMUM AND MINIMUM A N N U I T Y TOTALS,—Whenever according

to the provisions of this section as to annuities payable for a month with respect to the death of an employee, the total annuities is more than $38.84 and exceeds either (a) $207.15, or (b) an amount equal to (wo and two-thirds times such employee's basic amount, whichever of such amounts is the lesser, such total of annuities shall, after any de60 Stat. 731. ductions under subsection (i)-, be reduced to such lesser amount or to $38.84, whichever is greater. Whenever such total of annuities is less than $18.14, such total shall, prior to any deductions under subsection (i), be increased to $18.14: Provided., however., That the share of any individual in an amount so determined shall be reduced in accordance with the first two provisions in section 3(a)(1) of this Act except that the share of such individual shall not be less than it would be had this Act not been amended in 1966." "Basic amount." ^g) Section 5(1) (10) of such Act is amended— (1) by striking out all that appears in subdivision (i) and inserting in lieu thereof the following: "for an employee who will have been partially insured, or completely insured solely by virtue of paragraph (7)(i) or (7) ( i i), or both: the sum of (A) 52.4 per centum of his average monthly remuneration, up to and including $75; plus (B) 12.8 per centum of such average monthly remuneration exceeding $75 and up to and including $450; plus (C) 12 per centum of such average monthly remuneration exceeding $450 and up to and including an amount equal to one-twelfth of the current maximum annual taxable 'wages' as defined in sec26 USC^*3uV' ^^^^^ ^^^^ "* ^^^' Infernal Revenue Code of 1954, plus (D) 1 per

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 80 STAT. ]

PUBLIC LAW 89-699-OCT. 30, 1966

centum of the sum of (A) plus (B) plus (C) multiplied by the number of years after 1936 in each of which the compensation, wages, or both, paid to him will have been equal to $200 or more; if the basic amount thus computed is less than $18.14, it shall be increased to $18.14;" and (2) by striking out in subdivision (ii) thereof "'49*' wherever it appears and inserting in lieu thereof "52.4'', by striking out in such subdivision "12" and inserting in lieu thereof "12.8", by striking out in such subdivision "$40.38" and inserting "$43.15", by striking out in such subdivision "$30.25" and inserting in lieu thereof "$32.37", and by striking out in such subdivision "$16.13" and inserting in lieu thereof "$17.26". (f) Section 5 of such Act is amended by adding at the end thereof the following new subsection: " (m) An annuity payable under this section to an individual, without regard to subsection (h) of this section or the proviso in the first paragraph of section 3(e) of this Act, shall be reduced in accordance with the first two provisos in section 3(a)(1) of this Act except that the amount of the annuity shall not be less than it would be had this Act not been amended in 1966." (g) All pensions under section 6 of the Railroad Retirement Act of 1937, all joint and survivor annuities and survivor annuities deriving from joint and survivor annuities under that Act awarded before the month following the month of enactment of this Act, all widows' and widowers' insurance annuities which began to accrue before the second month following the month of enactment of this Act, and which, in accordance with the proviso in section 5(a) or section 5(b) of the Railroad Retirement Act of 1937, are payable in the amount of a spouse's annuity to which the widow or widower was entitled (except those of such insurance annuities which are based on a spouse's annuity which was payable in the maximum amount as determined in accordance with the provisions of the Social Security Act as amended by the Social Security Amendments of 1965), and all annulties under the Railroad Retirement Act of 1935 are increased by 7 per centum, but such a widow's or widower's annuity in an amount formerly received as a spouse's annuity shall not be increased to an amount above $74.80: Provided, however, That in cases where an individual is entitled to a benefit under title II of the Social Security Act, the additional amount payable because of this subsection shall be reduced by 6.55 per centum of the amount of such social security benefit (disregarding any increases in such benefit based on recomputations other than for the correction of errors after such reduction is first applied and any increases derived from changes in the primary insurance amount through legislation enacted after the Social Security Amendments of 1965): Provided further, That in determining social security benefit amounts for the purpose of this subsection, if such individual's average monthly wage is in excess of $400, only the average monthly wage of $400 shall be used. SEC. 202. (a) The amendments made by section 201 of this title shall be effective with respect to annuities accruing for months after the month in which this Act is enacted, and with respect to pensions due in calendar months after the month next following the month in which this Act is enacted. The amendments made by subsection (e) of section 201 of this title shall be effective as to lump-sum benefits under section 5(f)(1) of the Railroad Retirement Act of 1937 with respect to deaths occurring on or after the date of enactment of this Act.

1077

73 Stat. 27.

^° ^'|^- ^^^^ '^"'^' ^' ^^''^• ^^ ^sc 22^8^0. Ante, p. 1075.

50 Stat. 312. 45 USC 228f.

65 Stat. 685.

79 Stat. 286. ^ 42 USC 302note. 49staT.V6V."

" ^ ^^^ 215-228 ^

42 USC 401.

Effective date.

^^ ^'^'- ^^9

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 1078

PUBLIC LAW 89-699-OCT. 30, 1966

[80 STAT.

(b) All recertifications required by reason of the amendments made by this title shall be made by the Railroad Retirement Board without application therefor. TITLE III—AMENDMENTS TO THE RAILROAD RETIREMENT T A X ACT C H A N G E S IN" TAX RATES 79 Stat. 861. 26 USC 3201.

26 USC 3211.

79 Stat. 862. 26 USC 3221.

SEC. 301. (a) Section 3201 of the Internal Revenue Code of 1954 (relating to rate of tax on employees under the Railroad Retirement Tax Act) is amended by striking out " 6 % percent'' from subdivision " (3) " and inserting in lieu thereof "7 percent"; by striking out "7 percent" from subdivision "(4')" and inserting in lieu thereof "7i/4 percent"; and by striking out "714 percent" from subdivision " (5) " and inserting in lieu thereof "71/^ percent". (b) Section 3211 of such Code (relating to rate of tax on employee representatives under the Railroad Retirement Tax Act) is amended by striking out "131/^ percent" from subdivision " (3) " and inserting in lieu thereof "14 percent"; by striking out "14 percent" from subdivision " (4) " and inserting in lieu thereof "141/^ percent"; and by striking out "141/^ percent" from subdivision " (5) " and inserting in lieu thereof "15 percent". (c) Section 3221(a) of such Code (relating to rate of tax on employers under the Railroad Retirement Tax Act) is amended by striking out " 6 % percent" from subdivision " (3) " and inserting in lieu thereof "7 percent" j by striking out "7 percent" from subdivision " (4) " and inserting m lieu thereof " 7 ^ percent"; and by striking out "71/4 percent" from subdivision " (5) " and inserting in lieu thereof "71/^ percent". SUPPLEMENTAL TAXES

(d) Section 3211 of such Code is further amended by inserting " (a) " after "SEC. 3211" and by adding at the end thereof the following new subsection: " (b) I n addition to other taxes, there is hereby imposed on the income of each employee representative a tax equal to 2 cents for each man-hour for which compensation is paid to him for services rendered as an employee representative." (e) Section 3221 of such Code is further amended by adding at the end thereof the following new subsection: "(c) In addition to other taxes, there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to 2 cents for each man-hour, for which compensation is paid. With respect to daily, weekly, or monthly rates of compensation such tax shall apply to the number of hours comprehended in the rate together with the number of overtime hours for which compensation in addition to the daily, weekly, or monthly rate is paid. With respect to compensation paid on a mileage or piecework basis such tax shall apply to the number of hours constituting the hourly equivalent of the compensation paid. "Each employer of employees whose supplemental annuities are reduced pursuant to section 3(j)(2) of the Railroad Retirement Act of Ante, p. 1073. 5^937 shall be allowed as a credit against the tax imposed by this subsection an amount equivalent in each month to the aggregate amount of reductions in supplemental annuities accruing in such month to employees of such employer. If the credit so allowed to such an employer for any month exceeds the tax liability of such employer accru-

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 80 STAT. ]

PUBLIC LAW 89-700-OCT. 30, 1966

1079

ing under this subsection in such month, the excess may be carried forward for credit against such taxes accruing in subsequent months but the total credit allowed by this paragraph to an employer shall not exceed the total of the taxes on such employer imposed by this subsection. A t the end of each calendar quarter the Railroad Retirement Board shall certify to the Secretary of the Treasury with respect to each such employer the amount of credit accruing to such employer under this paragraph during such quarter and shall notify such employer as to the amount so certified." (f) The amendments made by subsections (d) and (e) of this section shall be effective with respect to man-hours, for sixty months beginning with the first month following enactment of this Act, for which compensation is paid. Approved October 30, 1966.

Effective date.

Public Law 89-700 AN ACT October 30, 1966

To amend the Railroad. Retirement Act of 1937, the Railroad Unemployment Insurance Act, and the Railroad Retirement Tax Act to make certain technical changes, to provide for survivor benefits to children ages eighteen to twenty-one, inclusive, and for other purposes.

Be it enacted by the Senate and House of Representatives United States of America in Congress assembled, J

i)

^

RETIREMENT ACT

^ 1937

of the ,. Railroad Retirement Act of 1937, Railroad

TITLE I—AMENDMENTS TO THE RAILROAD _ OF

[H. R. 14355]

ur^employment Insurance Act, and Railroad Retirement Tax Act,

SEC. 101. (a) Section 1(e) of the Railroad Retirement Act of 1937 ^"ItTz^^, is amended by striking out", Alaska, Hawaii,". 45 USC 228a. (b) The third sentence of section 1(h)(1) of such Act is amended by striking out "subsections (a), (c), and (d) of section 2 and subsection (a) of section 5" and inserting in lieu thereof "sections 2 and 5 "; and by striking out " (1) " and " (2) " and inserting in lieu thereof " (i) " and " ( i i) ", respectively. (c) Section l (q) of such Act is amended by striking out "in 1965" 79 Stat. 4oo. and inserting in lieu thereof "from time to time". SEC. 102. ^ (a) Section 2(a) of the Railroad Retirement Act of 1937 45 ustat.228b. ^o s e 728. IS amended by striking out from the third sentence of the last paragraph thereof the phrase "the month" and inserting in lieu thereof the following: "the second month following the month.

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Page:United States Statutes at Large Volume 80 Part 1.djvu/1116

 1080 e/star*? 1^5^^'

Post, p. 1083.

75 Stat. 585; 73 Stat. 26.

45 USC 228c.

45 USC 228h.

73^stat°*26^*^' 45 USC 228c.

PUBLIC LAW 89-700-OCT. 30, 1966

[80 STAT.

(^) Section 2(e) of such Act is amended— (1) by striking out from clause (ii) "who, if her husband were then to die, would be entitled to a child's annuity under subsection (c) of section 5" and inserting in lieu thereof "who meets the qualifications prescribed in section 5(1)(1) (without regard to ^j^g provisions of clause (ii)(B) thereof J"; and (2) by striking out the words "from time to time" immediately before the colon preceding the first proviso. (c) Section 2(g) of such Act is amended by striking out "who, if her husband were then to die, would be entitled to an annuity under subsection (c) of section 5" and inserting in lieu thereof "who meets the qualifications prescribed in section 5(1)(1) (without regard to the provisions of clause (ii)(B) thereof)". (d) Section 2 of such Act is further amended by adding at the end thereof the following new subsection: " (j) I n cases where an annuity awarded under subsection (a) (3) or (h) of this section is increased either by a recomputation or a change in the law, the reduction for the increase in the annuity shall be determined separately and the period with respect to which the reduction applies shall be determined as if such increase were a separate annuity payable for and after the first month for which such increase is effective." SEC. 103. (a) Section 3(b)(1) of the Railroad Retirement Act of 1937 is amended by striking out the phrase "after January 1, 1937" wherever it appears in said section and inserting in lieu thereof "subsequent to December 31, 1936". (b) Section 3(c) of such Act is amended by inserting after the last sentence thereof the following new sentence: "Where an employee claims credit for months of service rendered within two years prior to his retirement from the service of an employer, with respect to which the employer's return pursuant to section 8 of this Act has not been entered on the records of the Board before the employee's annuity could otherwise be certified for payment, the Board may, in its discretion (subject to subsequent adjustment at the request of the employee) include such months in the computation of the annuity without further verification and may consider the compensation for such months to be the average of the compensation for months in the last period for which the employer has filed a return of the compensation of such employee and such return has been entered on the records of the Board." (^) (^) Section 3(e) of such Act is amended by striking out from the first proviso in the first paragraph the following: "is less than 110 per centum of the amount, or 110 per centum of the additional amount", and inserting in lieu thereof the following: "is less than the total amount, or the additional amount, plus 10 per centum of the total amount"; by inserting the word "and" before "women entitled to spouses' annuities"; by striking out from such proviso "and individuals entitled to insurance annuities under subsection (c) of section 5

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 80 STAT.]

PUBLIC L A W 8 9 - 7 0 0 - O C T. 30, 1966

1081

on the basis of disability to be less than eighteen years of age''; and by striking out the last comma from such proviso and all that follows in such proviso and inserting in lieu thereof the following: "shall be increased proportionately to such total amount, or such additional amount, plus 10 per centum of such total amount." (2) The said section 3(e) is further amended by striking out •'entire"; and by inserting before the period at the end of the first paragraph ": Provided further, That if an annuity accrues to an individual for a part of a month, the amount payable for such part of a month under the preceding proviso shall be one-thirtieth of the amount payable under the proviso for an entire month, multiplied by the number of days in such part of a month". (d) Paragraph (5) of section 3(f) of such Act is amended by in- ^^ ^*^*' ^^'^^' serting after the phrase "the Social Security Act" the following: ", as in effect before 1957,". (e) Section 3(g) of such Act is amended by adding at the end there- ^° ^*^*- ^^^• of the following: "In cases where an individual entitled to an annuity under this Act disappears, no annuity shall accrue to him or to his spouse as such with respect to any month until and unless such individual is shown, by evidence satisfactory to the Board, to have continued in life throughout such month. Where an annuity would accrue for months under section 2(a) for such individual, and under section 2(e) for such individual's spouse, had he been shown to be '^s use 228b. alive during such months, he shall be deemed, for the purposes of benefits under section 5, to have died in the month in which he dis- Polt^p\llT.'' appeared and to have been completely insured: Provided, however, That if he is later determined to have been alive during any of such months, recovery of any benefits paid on the basis of his compensation under section 5 for the months in which he was not known to be alive, minus the total of the amounts that would have been paid as a spouse's annuity during such months (treating the application for a widow's annuity as an application for a spouse's annuity), shall be made in accordance with the provisions of section 9." 45 ^^^ ^2^^' (f) Section 3(i) of such Act is amended to read as follows: 72 Stat. 1779. " (i) If the amount of any annuity computed under this section (other than the proviso of subsection (e)), under section 2 (other than a spouse's annuity payable in the maximum amount), and under section 5, does not, after any adjustment, end in a digit denoting 5 cents, it shall be raised so that it will end in such a digit. If the amount of any annuity under this Act (other than an annuity ending in a digit denoting 5 cents pursuant to the next preceding sentence) is not, after any adjustment, a multiple of $0.10, it shall be raised to the next higher multiple of $0.10." SEC. 104. Section 4 of the Railroad Retirement Act of 1937 is 60^813^729°^'^' amended by redesignating subsections " (i) ", "(J)"? " (k) ", and " (1) " 45 USC 228c-i.

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PUBLIC LAW 89-700-OCT. 30, 1966

[80 STAT.

as " (h) ", " (i) ", " (j) ", and " (k) ", respectively; by redesignating subsections " (n) ", " (o) ", " (p) ", " (q)", and " (r) " as " (1) ", " (m) ", " (n) ", " (o)", and " (p) ", respectively; by striking out the phrase "subsection (k) " in subsection " (k) " as redesignated, and inserting in lieu thereof "subsection (j) "; and by striking out " (p)(1) " in subsection " (1) " as redesignated and inserting in lieu thereof " (n)(1)". SEC. 105. (a) The first sentence of section 5(b) of the Railroad 45 USC 22^86. Ketirement Act of 1937 is amended by striking out "employee entitled to receive an annuity under subsection (c) " and inserting in lieu thereof "employee, which child (without regard to the provisions of Post. p. 1084. subsection (I)(1) (ii)(B)) is entitled to receive an annuity under subsection (c),". (b)(1) The second sentence of such section 5(b) is amended by striking out "no child of the deceased employee is entitled" and inserting in lieu thereof "no child of the deceased employee (without regard to the provisions of subsection (1)(1) (ii)(B)) is entitled". (2) The proviso in said section 5(b) and the proviso in section 65 Stat. 685. 5(a) are each amended by striking out the words "subsection (e) of", 72 Stat. 1779. (c) Section 5(f)(1) of such Act is amended (1) by striking out the second sentence thereof and inserting in lieu thereof the following: "If there be no such widow or widower, such lump sum shall be paid— " (i) if all or part of the burial expenses of such insured individual which are incurred by or through a funeral home or funeral homes remain unpaid, to such funeral home or funeral homes to the extent of such unpaid expenses, but only if (A) any person who assumed the responsibility for the payment of all or any part of such burial expenses files an application, prior to the expiration of two years after the date of death of such insured individual, requesting that such payment be made to such funeral home or funeral homes, or (B) at least ninety days have elapsed after the date of death of such insured individual and prior to the expiration of such ninety days no person has assumed responsibility for the payment of any of such burial expenses; "(ii) if all of the burial expenses of such insured individual which were incurred by or through a funeral home or funeral homes have been paid (including payments made under clause (i)), to any person or persons, equitably entitled thereto, to the extent and in the proportions that he or they shall have paid such burial expenses; or "(iii) if any part of the amount payable under this subsection remains after payments have been made pursuant to clauses (i) and (ii), to any person or persons, equitably entitled thereto, to the extent and in the proportions that he or they shall have paid other expenses in connection with the burial of such insured individual, in the following order of priority: (A) expenses of opening and closing the grave of such insured individual, (B) expenses of providing the burial plot of such insured individual, and (C) any remaining expenses in connection with the burial of such insured individual.", and (2) by striking out from the third sentence thereof all after the phrase "this paragraph" where it appears the second time in such sentence and inserting in lieu thereof the following: "to the widow or widower to whom a lump sum would have been payable under this paragraph except for the fact that a monthly benefit under this section was payable for the month in which the employee died and who will not have died before receiving payment of such lump sum." ' 73^statr27!^^' (d)(1) Section 5(f)(2) of such Act is amended by inserting after "1961" the following: ", and before January 1, 1966, plus an amount equal to the total of all employee taxes payable by him or her after

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Page:United States Statutes at Large Volume 80 Part 1.djvu/1119

 80 STAT. ]

PUBLIC LAW 89-700-OCT. 30, 1966

December 31, 1965, under the provisions of section 3201 of the Railroad Retirement Tax Act, plus one-half of 1 per centum of the compensation on which such taxes were payable, deeming the compensation attributable to creditable military service rendered after June 30, 1963, to be taxable compensation, and one-half of the taxes payable by an employee representative under section 3211 of the Railroad Retirement Tax Act to be employee taxes payable under section 3201 of such Act". The said section 5(f)(2) is further amended by striking out the colon before the proviso and inserting in lieu thereof the following: "(for this purpose, payments to providers of services under section 21 of this Act and the amount of the employee tax attributable to so much in tax rate as is derived from section 3101(b) of the Internal Revenue Code of 1954, shall be disregarded):". (2) The said section 5(f)(2) is further amended by striking out the phrase "upon attaining retirement age (as defined in section 216(a) of the Social Security Act) " wherever it appears and inserting in lieu thereof "upon attaining the age of eligibility". (e) Section 5(g) of such Act is amended by striking out paragraph (3) thereof. (f) Section 5(i) of such Act is amended by inserting in paragraph 3(i) after "Retirement Acts" the following: "as in effect before 1947" and by striking out the word "and"; by inserting after "employee" in paragraph 3(ii) "before 1947", and by changing the period to a semicolon and inserting thereafter the word "and"; by inserting after paragraph 3(ii) the following: "(iii) any lump-sum benefit, paid to the same person, with respect to the death of such employee under subsection (f)(2) "; and by inserting after paragraph (3) thereof the following new paragraph: "(4) Any annuity for a month prior to the month in which application is filed shall be reduced, to any extent that may be necessary, so that it will not render erroneous any annuity which, before the filing of such application, the Board has certified for payment for such prior month."; and by changing " (4) " to " (5) " in the last paragraph thereof. (g) Section 5(i)(1) (ii) of such Act is amended by inserting before "; or" the following: ": Provided, however, That in determining an individual's excess earnings for a year for the purposes of this section and section 3(e) there shall not be included his income from employment or self-employment during months beginning with the month with respect to which he ceases to be qualified for an annuity or ceases, without regard to the effect of excess earnings, to be included in the computation under section 3(e)". (h) Section 5(j) of such Act is amended by inserting before the period at the end thereof the following: ": Provided, however, That the annuity of a child qualified under subsection (l)(l) ( i i)(C) of this section shall cease to be payable with the month preceding the third month following the month in which he ceases to be unable to engage in any regular employment by reason of a permanent physical or mental condition unless in the month herein first mentioned he qualifies for an annuity under one of the other provisions of this Act". (i) Section 5(k)(1) of such Act is amended by striking out "section 210(a) (10)" and inserting in lieu thereof "section 210(a)(9)". (j)(l) Section 5(l)(l) ( i i) of such Act is amended by striking out "or uncle" and inserting in lieu thereof "uncle, brother or sister". (2) The said section 5(l)(l) ( i i) is further amended by striking out "and shall be less than eighteen years of age, or shall have a permanent physical or mental condition which is such that he is unable to engage in any regular employment: Provided, That such

1083 l^ ^*^^- ^^^ ^

^ 6 USC 3211. 45 us^c 2^3'' 79 Stat. 340. 45 USC 228S-2.

H ^ta^- ^^^^

^s Stat. ese. yj^stat^'irso^'

^^ Stat. 1098. 45 USC 228c.

P o s t, p. 1084.

f^^%^^^^^\^^^'' 68 Stat. 1039

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 1084

65^stat^68?^' 45 USC 228e.

72 Stat. 1778. 45 USC 228c, 42 USC 416,

79 Stat. 371, 42 USC 402.

^"P""^'

45 u^c' 2^2^!^

PUBLIC LAW 89-700-OCT. 30, 1966

[80 STAT.

disability began before the child attains age eighteen; and" and inserting in lieu thereof the following: "and— " (A) shall be less than eighteen years of age; or " (B) shall be less than twenty-two years of age and a full-time student at an educational institution (determined as prescribed in this paragraph); or " (C) shall, without regard to his age, be unable to engage in any regular employment by reason of a permanent physical or mental condition which began before he attained age eighteen, and". (^) Section 5(1)(1) of such Act is further amended (i) by inserting before'the period at the end of the second sentence thereof the following: ", or if such widow or widower would be paid benefits, as such, under title II of the Social Security Act but for the fact that the employee died insured under this x\ct''; (ii) by inserting after "subsection (f) of section 2" in the fourth sentence thereof the following: "and subsection (f) of section 3 ' '; (iii) by inserting after such fourth sentence the following new sentence: "In determining for purposes of this section and subsection (f) of section 3 whether an applicant is the grandchild, brother, or sister of an employee as claimed, the rules set forth in section 216(h)(1) of the Social Security Act, as in effect prior to 1957, shall be applied the same as if such persons were included in such section 216(h)(1)."; (iv) by changing the semicolon at the end thereof to a period and inserting thereafter the following: "The provisions of paragraph (8) of section 202(d) of the Social Security Act (defining the terms 'full-time student' and 'educational institution") shall be applied by the Board in the administration of this section as if the references therein to the Secretary were references to the Board. For puiposes of the last sentence of subsection (j) of this section, a child entitled to a child's insurance annuity only on the basis of being a full-time student described in clause (ii)(B) of this paragraph shall cease to be qualified therefor in the first month during no part of which he is a full-time student, or the month in which he attains age 22, whichever first occurs. A child whose entitlement to a child's insurance annuity, on the basis of the compensation of an insured individual, terminated with the month preceding the month in which such child attained age eighteen, or with a subsequent month, may again become entitled to such an annuity (providing no event to disqualify the child has occurred) beginning with the first month thereafter in which he is a full-time student and has not attained the age of twenty-two, if he has filed an application for such rentitlement."; and (v) by striking out the semicolon from the end of paragraphs " (2) ' ', " (3) ", " (5) ", " (7) ", and " (9) " and inserting in lieu thereof a period. (k) Section 5(1)(9) of such Act is amended by inserting after the last sentence of the first paragraph thereof the following new sentence: "In any case where credit is claimed for months of service within two years prior to the death of the employee who rendered such service, with respect to which the employer's return pursuant to section 8 of this Act has not been entered on the records of the Board before a benefit under this section could otherwise be certified for payment, the Board may, hi its discretion (subject to subsequent adjustment at the request of the survivor) include the compensation for such months in the computation of the benefit without further A'erification and may consider the compensation for such months to be the average of the compensation for months in the last period for which the employer has filed a return of the compensation of such employee."

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SEC. 106. Section 8 of the Railroad Eetirement Act of 1937 is go^staS^'vas'^' amended by striking out from the first sentence the phrase "under 45 USC 22*8h. oath"; and by striking out from the second sentence the phrase "claimed to will have been paid" and inserting in lieu thereof "claimed to have been paid". SEC. 107. (a) Thefirst sentence of section 9(a) of the Railroad Re54 Stat. 1100. tirement Act of 1937 is amended by inserting after "individual", 45 USC 2281. where it appears the third time, the following: "or, on the basis of the same compensation, any other individual,". (b) The second sentence of such section 9(a) is amended by striking out the phrase "such individual" where it first appears in such sentence, and inserting in lieu thereof "the individual to whom more than the correct amount has been paid". SEC. 108. Section 10 of the Railroad Retirement Act of 1937 is ^^ "^c 228J. amended (i) by inserting after the seventh sentence of subsection (b)4 the following new sentence: "Subject to the provisions of this subsection, the Board may furnish information from such records and data to any person or organization upon payment by such person or organization to the Board of the cost incurred by the Board by reason thereof; and the amounts so paid to the Board shall be credited to the Railroad Retirement Account."; and (ii) by inserting after the end of such section 10 the following new paragraph: "6. I n addition to the powers and duties expressly provided, the Board shall have and exercise with respect to the administration of this Act such of the powers, duties, and remedies provided in subsections (d), (m), and (n) of section 12 of the Railroad Unemployment Insurance Act as are not inconsistent with the ex- 6o^stat^V4y°^' press provisions of this Act." 45 USC 362. SEC. 109. (a) Section 19(a) of the Railroad Retirement Act of 1937 H use 22°8s. is amended by striking out the proviso and inserting in lieu thereof the following: '•''Provided, however, That, regardless of the legal competency or incompetency of an individual entitled to a benefit (under any Act administered by the Board), the Board may, if it finds the interest of such individual to be served thereby, recognize actions by, and conduct transactions with, and make payments to, such individual, or recognize actions by, and conduct transactions with, and make payments to, a relative or some other person for such individual's use and benefit." (b) The first sentence of section 19(b) of such Act is amended by inserting after "in the manner and to the extent prescribed by the Board," the following: "but subject to the provisions of the preceding subsection,". SEC. 110. Section 20 of the Railroad Retirement Act of 1937 is ^^ "^^ ^^ss-i. amended by striking o u t " (a) " after "SEC. 20.". 56 Stat. 2 0 7 SEC. 111. Section 202 of part II of such Act is amended by striking 45 USC 215-. o u t " (g) to (1)" and inserting in lieu thereof " (g) to (k) ". 22 jTnorm's EFFECTIVE

DATES

SEC. 112. (a) The amendments made by the several sections of this title shall be effective on the enactment date of this Act except as otherwise provided herein. (b) The amendments made by sections 102(a) and 105(h) shall be effective with respect to determinations of recovery from disability made on or after the enactment date of this Act. (c) The amendments made by sections 102(b) and 102(c) shall be effective with respect to months after the month of enactment.

65-300 0-67—71

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JVl^\'Jo-7^'' 45 USC 228e.

45 USC 228c.

45 USC'2^2ye

PUBLIC LAW 89-700-OCT. 30, 1966

[80 STAT.

(d) The amendments made by section 102(d) shall be effective with respect to recomputations made, or changes in law enacted, on or after the enactment date of this Act, (e) The amendments made by sections 103(b) and 105 (k) shall be effective with respect to annuities awarded on or after the enactment date of this Act. (f) The amendments made by section 103(c)(1) shall be effective with respect to annuities accruing in or after the month of enactment. (g) The amendments made by sections 103(c)(2), 103(f), and 105(f) shall be effective with respect to awards made on or after the enactment date of this Act. (h) The amendments made by section 103(e) shall be effective with respect to months after the month in which this Act is enacted. (i) The amendments made by sections 105(a), 105(b)(1), and 105(j)(2) shall be effective with respect to annuities accruing for months after 1964 where, pursuant to the next sentence, no application for the annuity is required or, if required, such application is filed within one year after the month of enactment of this Act; otherwise, the twelve-month limitation on retroactivity, provided for in section 5(j) of the Railroad Retirement Act of 1937, shall apply. In the case oi an mdividual who is not entitled to a child s insurance annuity under section 5(c) of the Railroad Retirement Act of 1937 for the month in which this Act is enacted, such amendments shall apply only on the basis of an application filed in or after the month in which this Act is enacted; except that no application shall be required of a child age eighteen to twenty-one, inclusive, with respect to whom the Board has information on the date of enactment of this Act of his eligibility for an annuity under the amendments made by section 105(j)(2) of this Act through the application of section 3(e) of the Rallroad Retirement Act of 1937. (j) The amendments made by section 105(c)(1) shall be effective with respect to lump-sum payments awarded on or after the enactment date of this Act. (k) The amendments made by section 105(c)(2) shall be effective with respect to deaths occurring in or after the twelfth month preceding the month of enactment. (1) The amendments made by section 105(d)(1) shall be effective with respect to deaths occurring on or after the enactment date of this Act. (m) The amendments made by section 105(g) shall be effective with respect to deductions made in the calendar year 1966 and thereafter. (n) The amendments made by section 105(j)(1) shall be effective with respect to annuities under section 5(c) of the Railroad Retirement Act for months after the month in which this Act is enacted; except that in the case of an individual who was not entitled to an annuity under section 5(c) of such Act for the month in which this Act was enacted, such amendment shall apply only on the basis of an application filed in or after the month in which this Act is enacted. (o) The amendment made by section 105(j)(3)(i) shall be effective with respect to annuities for months after the month of enactment of this Act. No lump-sum benefit under section 5(f)(2) of the Rail^^^^ Retirement Act of 1937 shall be awarded after the date of enactment of this Act in any case in which an individual survives who would be entitled to an annuity under the amendment made by this section unless such individual executes an election in accordance with such section 5(f)(2) before attainment of age 60 to have such benefit paid in lieu of other benefits.

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TITLE II — AMENDMENTS TO THE R A I L E O A D UNEMPLOYMENT INSURANCE ACT SEC. 201. (a) Section l (i) of the Railroad Unemployment Insurance Act is amended by striking out "section 8" and inserting in ^° ^*«*- ''22. lieu thereof "section 6 of this Act". ^^^ ^^ ^" (b) Section l (k) of such Act is amended by striking out "$500" 73 Stat. 30. and inserting in lieu thereof "$750". (c) Sections l (s) and l (t) of such Act are each amended by strik- 52 Stat. 1096. ing out", Alaska, Hawaii,". SEC. 202. (a) Section 2(a) of the Railroad Unemployment Insur73 Stat. 3 0. ance Act is amended by striking out the first line from the table thereof 45 USC 352. and by substituting "$750" for "700" in the second line of such table. (b) Section 2(g) of such Act is amended by striking out all of said ^^ ^'^*- ^'**section after "whom any" and inserting in lieu thereof the following: "accrued annuities under section 3(f)(1) of the Railroad Retirement Act of 1937 are paid. In the event that no such accrued annuities are Ij ^^^'^'^'^^• paid, and if application for such accrued benefits is filed prior to the expiration of two years after the death of the individual to whom such benefits accrued, such accrued benefits shall be paid, upon certification by the Board, to the individual or individuals who would be entitled thereto under section 3(f)(1) of the Railroad Retirement Act of 1937 if such accrued benefits were accrued annuities. If there is no individual to whom all or any part of such accrued benefits can be paid in accordance with the foregoing provisions, such benefits or part thereof shall escheat to the credit of the account." SEC. 203. The first sentence of section 6 of the Railroad Unemploy54 1099. ment Insurance Act is amended by striking out the phrase "under 45 Stat. 356. use oath". 73 3 SEC. 204. (a) Section 8(b) of the Railroad Unemployment Insur- 45 Stat. 3 528.. use ance Act is amended by striking out " 3 % per centum" and inserting in lieu thereof "4 per centum". (b) Section 8(h) of such Act is amended by striking out "section 60 Stat. 739. 1800 or 2700 of the Internal Revenue Code, and the provisions of section 3661 of such code" and inserting in lieu thereof "the provisions of the Railroad Retirement Tax Act". SEC. 205. Sections 10(a) and 11(a) of the Railroad Unemployment Insurance Act are each amended by striking out "0.2 per centum" ^2 s'^'. 5 78. and inserting in lieu thereof "0.25 per centum". 36i. SEC. 206. Section 12 of the Railroad Unemployment Insurance Act is amended by adding at the end of subsection (d) thereof the follow- ^ use'362°^ ing new sentence: "Subject to the provisions of this section, the Board may furnish such information to any person or organization upon payment by such person or organization to the Board of the cost incurred by the Board by reason thereof; and the amounts so paid to the Board shall be credited to the railroad unemployment insurance administration fund established pursuant to section 11(a) of this Act."; and by striking out "section 3(a) " from subsection (g) and inserting in lieu thereof "section 3".

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[80 STAT.

TITLE III—AMENr)MP:NTS TO THE RAILROAD RETIREMENT ACT, THE RAILROAD UNEMPLOYMENT INSURANCE ACT, AND THE RAILROAD RETIREMENT TAX ACT 22*8^^358.^^^"' 26 USC 3201, 3202, 3211, 73 Stat. 26-32.

77 Stat. 21979 Stat. «6o, 861.

26 USC 3121.

SEC. 301. Sections 3(c), 5(f)(2), and 5(1)(9) of the Railroad Retirement Act of 1937, sections 8(a) and 8(b) of the Railroad Unemployment Insurance Act, and sections 3201, 3202, 3211, and 3221 of the Railroad Retirement Tax Act are amended by— ^j^ striking out "before the calendar month next following the month in which this Act was amended in 1959'', wherever such language appears in such sections 3(c), 5 (f)(2), 5(1)(9), 8(a) ^^id 8 (b), and inserting in each instance in lieu thereof "before June 1, 1959"; (ii) by striking out the language "after the month in which this Act was so amended" wherever such language appears in such sections 8(a) and 8(b) and inserting in each instance in lieu thereof "after May 31, 1959-*; (iii) by striking out the language "after the month in which this provision was amended in 1959", wherever such language appears in such sections 3202 and 3221, and inserting in each instance in lieu thereof "after September 30, 1965"; (iv) by striking out from such sections 3(c), 5 (f)(2), and 5(1)(Q) the language beginning with "$400" down through the phrase "was so amended where such phrase appears the third time and inserting in lieu thereof: (a) in such section 3(c) the following: "$400 for any month after May 31, 1959, and before November 1, 1963, or in excess of $450 for any mouth after October 31, 1963, and before October 1, 1965, or in excess of (i) $450, or (ii) an amount equal to one-twelfth of the current maximum annual taxable 'wages' as defined in section 3121 of the Internal Revenue Code of 1954, whichever is greater, for any month after September 30, 1965"; (b) in such section 5(f)(2) the following: "$400 for any month after May 31, 1959, and before November 1, 1963, and in excess of $450 for any month after October 31, 1963, and before October 1, 1965, and in excess of (i) $450, or (ii) an amount equal to one-twelfth of the current maximum annual taxable 'wages' as defined in section 3121 of the Internal Revenue Code of 1954, whichever is greater, for any month after September 30, 1965"; and (c) in such section 5(1)(9) the following: "$400 for any month after May 31, 1959, and before November 1, 1963, any excess of $450 for any month after October 31, 1963, and before October 1, 1965, and any excess of (i) $450, or (ii) an amount equal to one-twelfth of the current maximum annual taxable 'wages' as defined in section 3121 of the Internal Revenue Code of 1954, whichever is greater, for any month after September 30, 1965"; (v) by striking out from such sections 3201, 3202, 3211, and 3221 the language (wherever it appears in such sections) beginning with "$400" down through the phrase "was so amended'* where such phrase appears the second time in such language and inserting in lieu thereof the following: "(i) $450, or (ii) an amount equal to one-twelfth of the current maximum annual

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PUBLIC LAW 89-701-NOV. 2, 1966

1089

taxable 'wages' as defined in section 3121 of the Internal Revenue Code of 1954, whichever is greater, for any month after Sep- ^6 USC 3121. tember30, 1965";and (vi) by striking out from the proviso in such sections 3201 and 73 3211, from subsection (b) of such section 3221 the phrase "after 26 Stat. 328-30. u s ^ 201, e December 31, 1964" and inserting in lieu thereof "after Septem- 32iif3T2i ber 30, 1965". SEC. 302. Section 3221(a) of the Railroad Retirement Tax Act is amended by adding at the end thereof the following new sentence: "Where compensation for services rendered in a month is paid an employee by two or more employers, one of the employers who has knowledge of such joint employment may, by proper notice to the Secretary of the Treasury, and by agreement with such other employer or employers as to settlement of their respective liabilities under this section and section 3202, elect for the tax imposed by section 3201 and this section to apply to all of the compensation paid by such employer for such month as does not exceed the maximum amount of compensation in respect to which taxes are imposed by such section 3201 and this section; and in such a case the liability of such other employer or enciployers under this section and section 3202 shall be limited to the difference, if any, between the compensation paid by the electing employer and the maximum amount of compensation to which section 3201 and this section apply. Approved October 30, 1966.

Public Law 89-701 AN ACT

November 2, 1966

To authorize the Secretary of the Interior to develop, through the use of experiment and demonstration plants, practieahle and economic means for the production by the commercial fishing industry of fish protein concentrate.

[s. 2720]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress ansembled^ That the Secretary ^'^^ protein of the Interior is authorized to conduct, and through grants to.and "" stud'ieT. ^ contracts with public and private agencies to promote studies, research, and experiments designed to develop the best and most economical processes and methods to reduce fish which are in abundant supply and which.are not now widely sought after for human food to a nutritious, wholesome, and stable fish protein concentrate, as well as to conduct food technology and feasibility studies with respect to such products. SEC. 2. (a) The Secretary is also authorized to construct not to Demonstration exceed one experiment and demonstration plant for the production of ^ ^"'* a fish protein concentrate and to acquire by lease one additional plant for such purpose. Such plants shall be designed to demonstrate the reliability and practicability and the economic, engineering, and operating potentials of the processes and methods to reduce fish to fish protein concentrate. Such plants shall be located in such geographical areas as the Secretary determines will demonstrate optimum feasibility from the standpoint of operation, maintenance, and economic potential. The Secretary of the Interior shall not commence construction of or lease any plant pursuant to the provisions of this

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52 Stat. 1040. 21 USC 3 0 1. Contracts.

A c c e s s to records.

Disposition.

63 Stat. 37^. 40 USC 471 note.

Appropriation.

Expiration.

PUBLIC LAW 89-701-NOV. 2, 1966

[80

STAT.

Act until the Secretary of Health, Education, and Welfare shall have certified that fish protein concentrate produced from whole fish complies with the provisions of the Federal Food, Drug, and Cosmetics Act. (b) The Secretary may operate and maintain or contract for the operation and maintenance of such plants. Each operation and maintenance contract shall provide, in addition to such terms and conditions as the Secretary deems desirable, for the compilation by the contractor of complete records, including cost data, with respect to the operation, maintenance, and engineering of the plants. The records so compiled shall be made available to the public and to the Congress by the Secretary at periodic and reasonable intervals. Access by the public to the plants shall be assured during all phases of their operation subject to such reasonable restrictions as to time and place as the Secretary may require or approve. (c) All contracts entered into pursuant to subsection (b) of this section shall include a clause to the effect that the Comptroller General of the United States or any of his duly authorized representatives shall until the expiration of three years after final payment have access to and the right to examine any directly pertinent books, documents, papers, and records of the contractor or any of his subcontractors engaged in the performance of and involving transactions related to such contracts or subcontracts. (d) Each plant constructed or leased under this Act, and its equipment, upon the expiration of a period deemed adequate by the Secretary for experiment and demonstration purposes, shall, as promptly as practicable, be disposed of in accordance with the applicable provisions of the Federal Property and Administrative Services Act of 1949. as amended. (e) The Secretary may acquire lands or interests therein, patents, licenses, technical data, inventions, secret processes, supplies, and equipment by purchase, license, lease, or donation to carry out the provisions of this section. SEC. 3. There is authorized to be appropriated not to exceed $1,000,000 for the construction of one experiment and demonstration plant. There is also authorized to be appropriated not to exceed $1,555,000 annually for a period of five fiscal years, beginning with the fiscal year 1968, for the leasing of one additional experiment and demonstration plant, for the operation and maintenance of experiment and demonstration plants leased or constructed under this Act, and for conducting the program authorized by this Act. Sums appropriated under this section are authorized to remain available until expended. Nothing in this Act shall be construed to amend, repe^il, or otherwise modify the authority of the Secretary of the Interior to carry out fish protein concentrate research mider any other provision of law. SEC. 4. The Secretary shall cooperate with public and private agencies, organizations, institutions, and individuals in carrying out the program authorized by this Act. SEC. 5. The authority of the Secretary under this Act shall expire at the expiration of five years from the date of enactment of this Act. Approved November 2, 1966, Anchorage, Alaska.

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PUBLIC LAW 89-702-NOV. 2, 1966

Public Law 89-702 AN ACT

November 2, 1966

To protect and conserve the North Pacific fur seals, to provide for the administration of the Pribilof Islands, to conserve the fur seals and other wildlife on the Pribilof Islands, and to protect sea otters on the high seas.

[s. 2102]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may ^^^ ^^^^ ^""^ °^ be cited as the " F u r Seal Act of 1966". TITLE I — CONSERVATION AND PROTECTION O F THE NORTH PACIFIC FUR SEALS SEC. 101. I t is unlawful, except as provided in this Act or by regulation of the Secretary of the Interior, for any person or vessel subject to the jurisdiction of the United States to engage in the taking of fur seals in the North Pacific Ocean or on lands or waters under the jurisdiction of the United States, or to use any port or harbor or other place under the jurisdiction of the United otates for any purpose connected in any way with such taking, or for any person to transport, import, offer for sale, or possess at any port or place or on any vessel, subject to the jurisdiction of the United States, fur seals or the parts thereof, including, but not limited to, raw, dressed, or dyed fur seal skins, taken contrary to the provisions of this Act or the Convention, or for any person subject to the jurisdiction of the United States to refuse to permit, except within the territorial waters of the United States, a duly authorized official of Canada, Japan, or the Union of Soviet Socialist Republics to board and search any vessel which is outfitted for the harvesting of living marine resources and which is subject to the jurisdiction of the United States to determine whether such vessel is engaged in sealing contrary to the provisions of said Convention. SEC. 102. (a) Indians, Aleuts, and Eskimos who dwell on the coasts of the North Pacific Ocean are permitted to take fur seals and dispose of their skins in any manner after the skins have been officially marked and certified by a person authorized by the Secretary of the Interior, provided that the seals are taken only in canoes no*^ transported by or used in connection with other vessels, and propelled entirely by oars, paddles, or sails, and manned by not more than five persons each, in the way hitherto practiced and without the use of firearms. (b) The authority contained in this section shall not apply to Indians, Aleuts, and Eskimos who are employed by any person for the purpose of taking fur seals or are under contract to deliver the skins to any person. SEC. 103. The Secretary of the Interior shall (1) conduct such scientific research and investigations on the fur seal resources of the North Pacific Ocean as he deems necessary to carry out the obligations of the United States under the Convention, and (2) permit, subject to such terms and conditions as he deems desirable, the taking, transportation, importation, exportation, or possession of fur seals or their parts for educational, scientific, or exhibition purposes. SEC. 104. (a) The Secretary shall (1) take and cure fur seal skins on the Pribilof Islands and on lands subject to the jurisdiction of the United States whenever he deems such taking and curing is necessary to carry out the provisions of the Convention or to manage the fur seal herd, (2) employ natives of the Pribilof Islands and, when necessary, other persons for taking and curing of fur seal skins pursuant to this section, and compensate them at rates to be determined by the Secretary, (3) deliver to authorized agents of the parties such fur seal skins as the parties are entitled under the Convention, (4)

Prohibitions.

8 UST 2283; 15 UST 316.

Sealing permitted by E s k i mos and Indians.

Fur s e a l resources, scientific r e s e a r c h.

Authority of Interior Secretary.

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Agreements.

V e s s e l search.

8 UST 2287.

Seizure or arrest.

North Pacific Fur Seal Commission. Appointment of Commissioner by President.

PUBLIC LAW 89-702-NOV. 2, 1966

[80

STAT.

utilize such quantities of fur seal skins taken pursuant to this section or forfeited to, or seized by, the United States as the Secretary- deems desirable for product development and market promotion, (5) provide for the disposal or destruction of any fur seal skins that are damaged or that are determined by the Secretary to have no value or use as luxury furs, (6) provide for the processing of such quantities of fur seal skins as he deems desirable, (7) provide from time to time for the sale, pursuant to such terms and conditions as the Secretary deems desirable, of fur seal skins and products of fur seals not otherwise used or disposed of pursuant to this Act, and (8) deposit into the Pribilof Islands fund in the Treasury the proceeds from such sales, except that the Secretary shall pay annually to the Commission the proceeds from the sales of any fur seal skins that are taken contrary to the provisions of this title and the regulations issued thereunder or that are forfeited to the United States. (b) The Secretary is authorized to enter into agreements with any public or private agency or person for the purpose of carrying out the provisions of this title, other than for the purpose of taking fur seals. SEC. 105. (a) Any person authorized to enforce the provisions of this Act who has reasonable cause to believe that any vessel outfitted for the harvesting of living marine resources and subject to the jurisdiction of any of the parties to the Convention is violating the provisions of article III of the Convention may, except within the territorial waters of another nation, board and search such vessel. Such person shall carry a special certificate of identification issued by the Secretary of the Interior or Secretary of the Treasury which shall be in English, Japanese, and Russian and which shall be exhibited to the master of the vessel upon request. (b) If, after boarding and searching such vessel, such person continues to have reasonable cause to believe that such vessel, or any person on board, is violating said article, he may seize such vessel or arrest such person, or both. The Secretary of State shall, as soon as practicable, notify the party having jurisdiction over the vessel or person of such seizure or arrest. The Secretary of the Interior or the Secretary of the Treasury, upon request of the Secretary of State, shall deliver the seized vessel or arrested person, or both, as promptly as practicable to the authorized officials of said party: Provided, That whenever said party cannot immediately accept such delivery, the Secretary of the Interior or the Secretary of the Treasury may, upon request of the Secretary of State, keep the vessel or person under surveillance within the United States. (c) At the request of said party, the Secretary of the Interior or the Secretary of the Treasury shall direct the person authorized to enforce the provisions of this Act to attend the trial as a witness in any case arising under said article or give testimony by deposition, and shall produce such records and files or copies thereof as may be necessary to establish the offense. SEC. 106. The President shall appoint to the Commission a United States Commissioner who shall serve at the pleasure of the President. The President may also appoint a Deputy United States Commissioner who shall serve at the pleasure of the President. The Deputy Commissioner shall be the principal adviser of the Commissioner, and shall perform the duties of the Commissioner in the case of his death, resignation, absence, or illness. The Commissioner and the Deputy Commissioner shall receive no compensation for their services. The Commissioners may be paid travel expenses and per diem in lieu of subsistence at the rates authorized by section 5 of the Administra-

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