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(B) The analysis of chapter 81 is amended by inserting the following new item after item 8146: "8146a. Ck>st-of-living adjustment of compensation." (68) Section 8147(a) is amended by inserting the following new sentence at the end thereof: "For the purpose of this subsection, 'administrative expenses' does not include expenses for legal services performed by or for the Secretary under sections 8131 and 8132 of this title." (69) Chapter 81 is amended by striking out section 8148. (70) The analysis of chapter 81 is amended by striking out the following item:

213

^° ^*^*- ^''*-

Repeal.

"8148. Reports."

(71) Section 8149 is amended— (A) by inserting before the period at the end of the first sentence the following: "including rules and r e f l a t i o n s for the conduct of hearings under section 8124 of this title"; and (B) by inserting the following new sentence at the end thereof: " I n adjudicating claims under section 8146 of this title, the Secretary may determine the nature and extent of the proof and evidence required to establish the right to benefits under this subchapter without regard to the date of injury or death for which claim is made." (72) Section 8331 is amended— (A) by amending paragraph (1)(B) and (C) to read as follows: " (B) the Architect of the Capitol, an employee of the Architect of the Capitol, and an employee of the Botanic Garden; " (C) a congressional employee as defined by section 2107 of this title (other than the Architect of the Capitol, an employee of the Architect of the Capitol, and an employee of the Botanic Garden), after he ^ives notice in writing to the official by whom he is paid of his desire to become subject to this subchapter;"; (B) by amending paragraph (1)(D) by striking out the words "come within the purview of" and inserting "become subject to " in place thereof; (C) by amending paragraph (2) by striking out the words "come within the purview of" and inserting "become subject to " in place thereof; (D) by amending paragraph (3)(B) (ii) by striking out the words "and 6 0 e - l l " and inserting "eOe-ll, 60e-12, and 60e-13" in place thereof; (E) by amending paragraph (8)(C) by striking out the words "not within the purview of" and inserting "in which he does not continue subject to " in place thereof; (F) by amending paragraph (13)(C) by striking out the words "Coast and Geodetic Survey" and inserting "Environmental Science Services Administration" in place thereof; (G) by striking out the word "and" after the semicolon at the end of paragraph (14); (H) by amending paragraph (15) to read as follows: "(15) 'price index' means the Consumer Price Index (all items—United States city average) published monthly by the Bureau of Labor Statistics; and"; and (I) by inserting the following new paragraph after paragraph ( 1 5):

^"'^' p- 210.

so st«t. 5 64.

so Stat. 409.

"Price index."

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PUBLIC LAW 90-83-SEPT. 11, 1967 "Base month." 80 Stat. 567.

[81 STAT.

"(16) 'base iiioiith' means the month for which the price index showed a percent rise forming the basis for a cost-of-living annuity increase." (73) Section 8332 is amended by inserting the following new subsection after subsection (j): " (k)(1) An employee who enters on approved leave without pay to serve as a full-time officer or employee of an organization composed primarily of employees as defined by section 8331(1) of this title, within 60 days after entering on that leave without pay, may file with his employing agency an election to receive full retirement credit for his periods of that leave without pay and arrange to pay currently into the Fund, through his employing agency, amounts equal to the retirement deductions and agency contributions that would be applicable if he were in pay status. If the election and all payments provided by this paragraph are not made, the employee may not receive credit for the periods of leave without pay occurring after July 17, 1966, notwithstanding the second sentence of subsection (f) of this section. For the purpose of the preceding sentence, 'employee' includes an employee who was on approved leave without pay and serving as a fulltime officer or employee of such an organization on July 18, 1966, and who filed a similar election before September 17, 1966. "(2) An employee may deposit with interest an amount equal to retirement deductions representing any period or periods of approved leave without pay while serving, before July 18, 1966, as a full-time officer or employee of an organization composed primarily of employees as defined by section 8331(1) of this title. An employee who makes the deposit shall be allowed full retirement credit for the period or periods of leave without pay. If the employee dies, a survivor as defined by section 8331(10) of this title may make the deposit. If the deposit is not made in full, retirement credit shall be allowed in accordance with the second sentence of subsection (f) of this section." (74) Section 8334(g) is amended— (A) by striking out the word "or" at the end of paragraph (2); (B) by striking out the period at the end of paragraph (3) and inserting "; or" in place thereof; and (C) by inserting the following new paragraph after paragraph "(4) service performed before January 1, 1950, by natives of the Pribilof Islands in the taking and curing of fur seal skins and other activities in connection with the administration of the Pribilof Islands." (75) Section 8336(a) and (b) is amended to read as follows: " (a) An employee who is separated from the service after becoming 55 years of age and completing 30 years of service is entitled to an annuity. "(b) An employee who is separated from the service after becoming 60 years of age and completing 20 years of service is entitled to an annuity." (76) Section 8337(e) is amended by striking out the words "within the purview of" wherever they appear and inserting "in which he is subject to" in place thereof. (77) Section 8338(a) is amended by striking out the words "not within the purview of" and inserting "in which he does not continue subject to" in place thereof. (78) Section 8339(g) is amended to read as follows: " (g) The annuity computed under subsections (a), (b), and (e) of this section for an employee retiring under section 8336(d) of this title is reduced by % of 1 percent for each full month the employee is under 55 years of age at the date of separation. The annuity

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PUBLIC LAW 90-83-SEPT. 11, 1967

computed under subsections (c) and (e) of this section for a Member retiring under the second or third sentence of section 8336(f) of this title or the third sentence of section 8338(b) of this title is reduced by •^2 of 1 percent for each full month not in excess of 60 months, and l^ of 1 percent for each full month in excess of 60 months, the Member is under 60 years of age at the date of separation." (79) Section 8340 is amended to read as follows: "§ 8340. Cost-of-living adjustment of annuities " (a) Effective December 1, 1965, each annuity payable from the Fund having a commencing date before December 2, 1965, is increased " (1) the percent rise in the price index, adjusted to the nearest i/io of 1 percent, determined by the Civil Service Commission on the basis of the annual average price index for calendar year 1962 and the price index for the base month of July 1965; plus " (2) 61/^ percent if the commencing date (or in the case of the survivor of a deceased annuitant the commencing date of the annuity of the retired employee) occurred before October 2, 1956, or 11/^ percent if the commencing date (or in the case of the survivor of a deceased annuitant the commencing date of the annuity of the retired employee) occurred after October 1, 1956. Each annuity payable from the Fund (other than the immediate annuity of an annuitant's survivor or of a child entitled under section 8341(e) of this title) having a commencing date after December 1, 1965, but before January 1, 1966, is increased from its commencing date as if the annuity commencing date were December 1, 1965. Each survivor annuity authorized by— " (A) section 8 of the Act of May 29, 1930, as amended to July 6, 1950; or " (B) section 2 of the Act of June 25, 1958 (72 Stat. 219); is increased by any additional amount required to make the total increase under this subsection equal to the smaller of 15 percent or $10 a month. "(b) Each month the Commission shall determine the percent change in the price index. Effective the first day of the third month that begins after the price index change equals a rise of at least 3 percent for 3 consecutive months over the price index for the base month, each annuity payable from the F u n d having a commencing date not later than tnat effective date shall be increased by the percent rise in the price index (calculated on the highest level of the price index during the 3 consecutive months) adjusted to the nearest YIQ of 1 percent. "(c) Eligibility for an annuity increase under this section is governed by the commencing date of each annuity payable from the F u n d as of the effective date of an increase, except as follows: "(1) Effective from its commencing date, an annuity payable from the F u n d to an annuitant's survivor (except a child entitled under section 8341(e) of this title), which annuity commences the day after the death of the annuitant and after the effective date of the first increase under this section, shall be increased by the total percent increase the annuitant was receiving under this section at death. However, the increase in a survivor annuity authorized by section 8 of the Act of May 29, 1930, as amended to July 6, 1950, shall be computed as if the annuity commencing date had been the effective date of the first increase under this section. "(2) For the purpose of computing an annuity that commences after the effective date of the first increase under this section to a child under section 8341(e) of this title, the items

215

so Stat. sve.

^°®'' P- --le-

6 2 Stat. 52;

64 Stat. 320. 74 Stat. 359.

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80 Stat. 577.

Ante, p. 215.

PUBLIC LAW 90-83-SEPT. 11, 1967

[81 STAT.

$600, $720, $1^800, and $2,160 appearing in section 8341(e) of this title shall be increased by the total percent increases allowed and in force under this section for employee annuities that commenced after October 1, 1956, and, in case of a deceased annuitant, the items 40 percent and 50 percent appearing in section 8341(e) of this title shall be increased by the total percent increase allowed and in force under this section to the annuitant at death. " (d) This section does not authorize an increase in an additional annuity purchased at retirement by voluntary contributions. "(e) The monthly installment of annuity after adjustment under this section shall be fixed at the nearest dollar. However, the monthly installment shall after adjustment reflect an increase of at least $1. " (f) Effective September 1, 1966, or on the commencing date of annuity, whichever is later, the annuity of each surviving spouse whose entitlement to annuity payable from the Fund resulted from the death of— "(1) an employee or Member before October 11, 1962; or "(2) a retired employee or Member whose retirement was based on a separation from service before October 11, 1962; is increased by 10 percent." (gQ^ Section 8341 is amended— (A) by amending subsection (a)(4) by striking out the words "received more than half his support from and"; and by striking out the words "21 years", "21st birthday", and "4 months" wherever they occur and inserting in place thereof the words "22 years," "22nd birthday", and "5 months", respectively; (B) by amending subsection (b) by striking out the last sentence and inserting the following new sentence in place thereof: "This annuity and the right thereto terminate on the last day of the month before— "(1) the spouse of a retired employee dies, or remarries before becoming 60 years of age; or " (2) the spouse of a retired Member dies or remarries."; (C) by amending subsection (d) by striking out the last sentence and inserting the following new sentence in place thereof: "This annuity and the right thereto terminate on the last day of the month before— " (1) the widow or dependent widower dies; "^2) the depehdent widower becomes capable of self-support; " (3) the widow or dependent widower of an employee remarries before becoming 60 years of age; or " (4) the widow or dependent widower of a Member remarries."; (D) by amending subsection (e) to read as follows: "(e)(1) If an employee or Member dies after completing at least 5 years of civilian service, or an employee or Member dies after retiring under this subchapter, and is survived by a spouse, each surviving child is entitled to an annuity equal to the smallest of— " (A) 40 percent of the average pay of the employee or Member divided by the number of children; " (B) $600; or ' " (C) $1,800 divided by the number of children; subject to section 8340 of this title. If the emploj^ee or Member is not survived by a spouse, each surviving child is entitled to an annuity equal to the smallest of— " (i) 50 percent of the average pay of the employee or Member divided by the number or children; "(ii) $720; or " (iii) $2,160 divided by the number of children; subject to section 8340 of this title.

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PUBLIC LAW 90-83-SEPT. 11, 1967

" (2) The annuity of a child under this subchapter or under the Act of May 29, 1930, as amended from and after February 28, 1948, com- 62'^stat^48*^^' mences on the day after the employee or Member dies, or commences or resumes on the first day of the month in which the child later becomes or again becomes a student as described by subsection (a)(4) of this Ante, p. 216. section, if any lump sum paid is returned to the Fund. This annuity and the right thereto terminate on the last day of the month before the child— " (A) becomes 18 years of age unless he is then a student as described or incapable of self-support; " (B) becomes capable of self-support after becoming 18 years of age unless he is then such a student; " (C) becomes 22 years of age if he is then such a student and capable of self-support; " (D) ceases to be such a student after becoming 18 years of age unless he is then incapable of self-support; or " (E) dies or marries; whichever first occurs. On the death of the surviving spouse or termination of the annuity of a child, the annuity of any other child or children shall be recomputed and paid as though the spouse or child had not survived the employee or Member."; and (E) by inserting the following new subsection after subsection (f): " (g) I n the case of a surviving spouse whose annuity under this section is terminated after July 18, 1966, because of remarriage before becoming 60 years of age, annuity at the same rate shall be restored commencing on the day the remarriage is dissolved by death, annulment, or divorce, if— " (1) the surviving spouse elects to receive this annuity instead of a survivor benefit to which he may be entitled, under this subchapter or another retirement system for Government employees, by reason of the remarriage; and "(2) any lump sum paid on termination of the annuity is returned to the Fund." (81) Section 8342 is amended— so Stat. 579. (A) by amending subsection (a) by striking out the words "not within the purview of" afl|i inserting "in which he does not continue subject to " in place thereof; (B) by amending the first order of precedence in subsection (c) to read as follows: "First, to the beneficiary or beneficiaries designated by the employee or Member in a signed and witnessed writing received in the Commission before his death. For this purpose, a designation, change, or cancellation of beneficiary in a will or other document not so executed and filed has no force or effect."; and (C) by inserting at the end of subsection (c) the following new flush sentence: "For the purpose of this subsection, 'child' includes a natural child and an adopted child, but does not include a stepchild." (82) Section 8343(a)(1) is amended by striking out the words "not within the purview of" and inserting "in which he does not continue subject to " m place thereof. (83) Section 8344 is amended— (A) by amending the third sentence of subsection (a) by inserting the words ", except for lump-sum leave payment purposes under section 5551 of this title" after the word "pay"; ^° ^*°*- '*ss(B) by amending the penultimate sentence in subsection (a) to read as follows: "Notwithstanding the restrictions contained in 42 section 115 of the Social Security Amendments of 1954 (68 Stat. note. u s e 410

217

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PUBLIC LAW 90-83-SEPT. 11, 1967

80 Stat. 583.

Ante,

p. 215.

[81 STAT.

1087), a similar right to redetermination after deposit is applicable to an annuitant— " (i) whose annuity is based on an involuntary separation from the service; and " (ii) who is separated after July 11, 1960, following such a period of employment on a full-time basis that began before October 1, 1956."; (C) by amending subsection (b)(1) by striking out the words "within the purview of" and inserting "subject to" in place thereof; and (D) by amending subsection (b)(2)(C) by inserting the words ", except for lump-sum leave payment purposes under section 5551 of this title" after the word "pay". (84) Section 8347 is amended by inserting the following new subsection after subsection (k) thereof: "(1) The Director or Acting Director of the Botanic Garden may exclude from the operation of this subchapter an employee under the Botanic Garden whose employment is temporary or of uncertain duration." (85) Section 8348 is amended— (A) by amending subsection (a) to read as follows: " (a) There is a Civil Service Retirement and Disability Fund. The F u n d is appropriated for payment of— "(1) benefits as provided by this subchapter; and "(2) administrative expenses incurred by the Civil Service Commission in placing in effect each annuity adjustment granted under section 8340 of this title."; and (B) by amending subsection (f) by striking out the words "Civil Service Commission" and inserting "Commission" in place thereof. (86) Section 8502 is amended— (A) by striking out "Except as provided by subsection (c) of this section, the" in subsection (b) and inserting "The" in place thereof; and (B) by striking out subsection (c). (87) Section 8503 is amended— (A) by striking out the last sentence in subsection (a); and (B) by amending subsection (b) to read: " (b) I n the case of a Federal employee whose Federal service and Federal wages are assigned under section 8504 of this title to the Virgin Islands, the Secretary, under regulations prescribed by him and on the filing of a claim for compensation under this subsection by the Federal employee, shall pay the compensation to him in the same amounts, on the same terms, and subject to the same conditions as would be paid to him under the unemployment compensation law of the District of Columbia if his Federal service and Federal wages had been included as employment and wages under that law. However, if the Federal employee, without regard to his Federal service and Federal wages, has employment or wages sufficient to qualify for compensation during the benefit year under that law, then payments of compensation under this subsection may be made only on the basis of his Federal service and Federal wages." (88) Section 8504 is amended— (A) by amending paragraph (3) to read: " (3) if his first d a i m is filed while he is residing in the Virgin Islands, his Federal service and Federal wages shall be assigned to the Virgin Islands."; and (B) by striking out the last sentence. (891 Section 8521(al is amended—

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 81 STAT.]

PUBLIC LAW 9 0 - 8 3 - S E P T. 11, 1967

(1) by striking out "and" after the semicolon at the end of paragraph (1) (^B) ( i i); (2) by striking out the period at the end of paragraph (2) and inserting "; and" in place thereof; and (3) by inserting the following new paragraph after paragraph (2): " (3) 'State' means the several States, the District of Columbia, and the Commonwealth of Puerto Rico." (90) Section 8525 is amended by striking out subsection (a) thereof, (91) Section 8705 is amended— (A) by amending the first order of precedence in subsection (a) to read as follows: "First, to the beneficiary or beneficiaries designated by the employee in a signed and witnessed writing received before death in the employing office or, if insured because of receipt of annuity or of benefits under subchapter I of chapter 81 of this title as provided by section 8706(b) or (c) of this title, in the Civil Service Commission. For this purpose, a designation, change, or cancellation of beneficiary in a will or other document not so executed and filed has no force or effect."; and (B) by striking out "Civil Service" in subsection (c). (92) Section 8706 is amended by inserting the following new subsection after subsection (d): "(e) Notwithstanding subsections (a) - (c) of this section, an employee who enters on approved leave without pay to serve as a fulltime officer or employee of an organization composed primarily of employees as defined by section 8701(a) of this title, within 60 days after entering on that leave without pay, may elect to continue his insurance and arrange to pay currently into the Employees' Life Insurance Fund, through his employing agency, both employee and agency contributions from the beginning of leave without pay. The employing agency shall forward the premium payments to the Fund. If the employee does not so elect, his insurance will continue during nonpay status and stop as provided by subsection (a) of this section. (93) Section 8713 is amended— (A) by amending the catchline to read: (B) by striking out subsection (a); and (C) by striking out "The Chairman of the Commission" in subsection (b) and inserting in place thereof "The Chairman of the Civil Service Commission". (94) The analysis of chapter 87 is amended by striking out the following item: "8713. Advisors."
 * §8713. Advisory committee'*;

and inserting the following item in place thereof: "8713. Advisory committee." (95) Section 8901(5) is amended by striking out the figure " 2 1 " wherever it appears and inserting the figure "22" in place thereof. (96) Section 8906 is amended— (A) by amending subsection (a) to read as follows: " (a) Except as provided by subsection (b) of this section, the biweekly Government contribution for health benefits for an employee or annuitant enrolled in a health benefits plan under this chapter, in addition to the contribution required by subsection (c) of this section, is $1.62 if the enrollment is for self alone or $3.94 if the enrollment is for self and family."; (B) by striking out the words "described bj'^ section 8903(3) or (4) of this title" in subsection (b);

219

^o ^*^*- Qi.

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PUBLIC LAW 90-83-SEPT. 11, 1967

[81 STAT.

(C) by inserting " (1) " immediately after " (e) " in subsection (e); and (D) by inserting the following new paragraph after subsection

le): 80 Stat. 600.

71 Stat. 514. so Stat. 838. 80 Stat. 394.

76 Stat. 502.

68 Stat. 1238. 70A Stat. 14. fo^slat. 1016. 10 USC 1571Vstat 325

78 Stat. 1063.

72 Stat. 1537.

70A Stat. 600.

"(2) An employee who enters on approved leave without pay to serve as a full-time officer or employee of an organization composed primarily of employees as defined by section 8901 of this title, within 60 days after entering on that leave without pay, may file with his employing agency an election to continue his health benefits enrollment and arrange to pay currently into the Employees Health Benefits Fund, through his employing agency, both employee and agency contributions from the beginning of leave without pay. The employing agency shall forward the enrollment charges so paid to the Fund. If the employee does not so elect, his enrollment will continue during nonpay status and fend as provided by paragraph (1) of this subsection and implementing regulations." (97) Section 5341(a) is amended by inserting the following new sentence at the end thereof: "Subject to section 213(f) of title 297the rates may not be less than the appropriate rates provided for by seetion 206(a)(1) of title 29." (Qg) Section 902 IS amended— (A) by striking out paragraph (1)(B) and (C) and inserting in place thereof: " (B) an office or officer in the executive branch; and " (C) any and all parts of the government of the District of Columbia other than the courts thereof;"; (B) by striking out the word "and" at the end of paragraph (C) by striking out the period at the end of paragraph (2) and inserting " j and" in place thereof; and (D) by inserting the following new paragraph after paragraph (2):, , "(3) 'officer' is not limited by section 2104 of this title." (99) Section 903(a)(5) is amended by striking out "in the civil service or uniformed services". (100) Section 8113(b) is amended by striking out "shall" and inserting "may" in place thereof. SEC. 2. The typographical error in paragraph (7) of section 14d, headed "Sections of title 14, United States Code", as amended (80 Stat. 1124), is corrected by striking out "Section 471(a) and (b) " and inserting "Section 461(a) and (D) " in place thereof. SEC. 3. Title 10, tJnited States Code, is amended as follows: ^ J ^ jj^ section 280, strike out "6150,". (2) Chapter 80 is repealed. I n the analysis of part II of Subtitle A, strike out the item relating to chapter 80. (^) ^^ section 1586(g)(2), strike out "compensation schedule for the General Schedule oi the Classification Act of 1949, as amended," and insert "General Schedule as prescribed in section 5104 of title 5" in place thereof. ^4) jji subsectious (c) and (d) of section 2031, strike out the words "noncommissioned and commissioned officers" wherever they appear and insert "officers and noncommissioned officers" in place thereof. (5) I n the analysis of chapter 559, strike out item 6112. (6) I n section 8851(a), insert "whose name is not on a recommended list for promotion to the reserve grade of brigadier general" after "in the reserve grade of colonel". SEC. 4. Section 107(c) of title 32, United States Code, is amended by striking out "251 and 252" and inserting "402 and 403" in place thereof. SEC. 5. Title 37, United States Code, is amended as follows:

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PUBLIC LAW 90-83-SEPT. 11, 1967

^1) I n section 415(d)(3), strike out "is". (2) I n section 554(a), strike out "when it is located outside the United States, or in Alaska or Hawaii". (3) I n section 1007(b), strike out the second sentence. SEC. 6. (a) The Secretary of Labor shall act on any application for an Exemplary Rehabilitation Certificate received under this section from any person who was discharged or dismissed under conditions other than honorable, or who received a general discharge, at least three years before the date of receipt of such application. (b) In the case of any person discharged or dismissed from an armed force under conditions other than honorable before or after the enactment of this section, the Secretary of Labor may consider an application for, and issue to that person, an Exemplary Rehabilitation Certificate dated as of the date of issuance, if it is established to his satisfaction that such person has rehabilitated himself, that his character is good, and that his conduct, activities, and habits since he was so discharged or dismissed have been exemplary for a reasonable period of time, but not less than three years. The Secretary of Labor shall supply to the Secretary of Defense a copy of each Exemplary Rehabilitation Certificate which is issued, and the Secretary of Defense shall place it in the military personnel record of the individual to whom the certificate is issued. (c) For the purposes of subsection (b), oral and written evidence, or both, may be used, including— (1) a notarized statement from the chief law enforcement officer of the town, city, or county in which the applicant resides, attesting to his general reputation so far as police and court records are concerned; (2) a notarized statement from his employer, if employed, giving the employer's address, and attesting to the applicant's general reputation and employment record; (3) notarized statements from not less than five persons, attesting that they have personally known him for at least three years as a person of good reputation and exemplary conduct, and the extent of personal contact they have had with him; and (4) such independent investigations as the Secretary of Labor may make. Any person making application under this section may appear in person or by counsel before the Secretary of Labor. (d) No benefits under any laws of the United States (including but not limited to those relating to pensions, compensation, hospitalization, military pay and allowances, education, loan guarantees, retired pay, or other benefits based on military service) shall accrue to any person to whom an Exemplary Rehabilitation Certificate is issued under subsection (b) unless he would be entitled to those benefits under his original discharge or dismissal. (e) The Secretary of Labor shall require that the national system of public employment offices established under the Act of June 6, 1933, chapter 49, as amended (29 U.S.C. 49 et seq.), accord to any person who has been discharged or dismissed under conditions other than honorable but who has been issued an Exemplary Rehabilitation Certificate special counseling and job development assistance. (f) The Secretary of Labor shall report to Congress not later than January 15 of each year the number of cases reviewed by him under this section and the number of Exemplary Rehabilitation Certificates issued. (g) In carrying out the provisions of this section the Secretary of Labor is authorized to (1) issue regulations; (2) delegate his

221 76 Stat. 477. 37 USC 415.

so stat, 6:27.

'^ ^*°*- '^^^^ AmedForces. habm^uon cerl tmcates, issuance nrembe^s" °'™*'

48 Stat. 113.

pjf„^^°^^*°

Congress.

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80 Stat. 532.

71 Stat. 391.

80 Stat. 841. 71 Stat. 514. 29 USC 213. 80 Stat. 445.

80 Stat. 838. 29 USC 206.

80 Stat. 841. 29 USC 207.

Severability provision.

Effective dates.

PUBLIC LAW 90-83-SEPT. 11, 1967

[81 STAT.

authority; (3) utilize the services of the Civil Service Commission for making such investigations as may be mutually agreeable. SEC. 7. Nothing in this or any other Act makes the increases authorized by section 1 (49)-(52), (53)(B) and (C), (54)-(58), (60), (61), (62)(B), (63), (67), (68), and (71) of this Act applicable to— (1) an employee or individual not within the deiSnition of "employee" in section 8101(1)(A), (B), or (D) of title 5, United States Code; (2) a member of the Metropolitan Police or the Fire Department of the District of Columbia who is pensioned or pensionable under sections 521-535 of title 4, District of Columbia Code; or (3) a member of a uniformed service. SEC. 8. Section 18(b) of the Fair Labor Standards Act (29 U.S.C. 218 (b)) is amended to read: "^b) Notwithstanding any other provision of this Act (other than section 13(f)) or any other law— "(1) any Federal employee in the Canal Zone engaged in employment of the kind described in section 5102(c)(7) of title 5, United States Code, or "(2) any employee employed in a nonappropriated fund instrumentality under the jurisdiction of the Armed Forces, shall have his basic compensation fixed or adjusted at a wage rate that is not less than the appropriate wage rate provided for in section 6 (a)(1) of this Act (except that the wage rate provided for in section 6(b) shall apply to any employee who performed services during the workweek in a work place within the Canal Zone), and shall have his overtime compensation set at an hourly rate not less than the overtime rate provided for in section 7(a)(1) of this Act." SEC. 9. (a) The legislative purpose in enacting sections 1-8 of this Act is to restate, without substantive change, the laws replaced by those sections on the effective date of this Act. Laws effective after February 21, 1967, that are inconsistent with this Act are considered as superseding it to the extent of the inconsistency. (b) A reference to a law replaced by sections 1-8 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act. (c) An order, rule, or regulation in effect under a law replaced by sections 1-8 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded. (d) An action taken or an offense committed under a law replaced by sections 1-8 of this Act is deemed to have been taken or committed under the corresponding provision enacted b;^ this Act. (e) An inference of a legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or by reason of the caption or catchline thereof. (f) The enactment of this Act does not increase or decrease the pay, allowances, compensation, or annuity of any person. (g) If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision of this Act is held invalid in one or more of its applications, the provision remains in effect in all valid applications that are severable from the invalid application or applications. (h) Section 1(3), (10), (11), (12), (22), (23), (83)(A) and (D), (89), (98), (99), and (100) of this Act is effective as of September 6, 1966, for all purposes. (i) Section 2 of this Act is effective as of November 2, 1966, for all purposes.

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 223

PUBLIC LAW 90-83-SEPT. 11, 1967

81 STAT.]

SEC. 10. (a) The right to a deferred annuity on satisfaction of the conditions attached thereto is continued notwithstanding the repeal by this Act of the law conferring the right. (b) The laws specified in the following schedule are repealed except with respect to rights and duties that matured, penalties that were incurred, and proceedings that were begun, before the effective date of this Act and except as provided by section 9 of this Act: STATUTES AT LARGE

Date

Chapter

Section

Statutes at Large Volume

1877 Feb. 27

1 (11th full paragraph on p. 251)

251

1

118

1884 July 5

221

1887 Jan. 3

12

354

1890 July 26

721

292

1805 Mar. 2

186

Apr. 21

184

1913 Oct. 22

32

1917 Feb. 26

125

942

1928 May 22

684

710

1938 Apr. 5

73

200

Date

(Last paragraph)

1 (last 2 paragraphs on p. 223)..

86-722 86-778

1962 Oct. 11 Do—

Section

223

Statutes at Large Volume

85-462

1960 Sept. 8 Sept. 13

843 360

Public Law

1958 June 20

—-

Page

72

213

(6th paragraph on p. 828). 542(a)

74 74

828 985

87-793 87-793

602(C). 1007...

76 76

846 868

1964 Aug. 14 Aug. 19 Sept. 3

88-426 88-448

125. — 205 6(c) (3d through 13th words).

78 78 78

412 488 906

1965 Aug. 9 Aug. 26 Sept. 9 Do..

89-115 89-136 89-174 89-174

79 79 79 79

Do--_

89-174

Do.. Sept. 27 Sept. 29 Do. Oct. 2 Oct. 9 Oct. 19 Do. Oct. 29

89-174 89-205 89-209 89-209 89-234 89-253 89-261 89-271 89-301

4(b)-(d) 601 (b), (c) 3(a) (last sentence) 4 (a) (words between 4th and 9th commas in 1st sentence), (b) (last 29 words). 5(b) (as applicable to sec. 303(e) (94) of the Federal Executive Salary Act of 1964). 6(b) 5(d)(1) (2d sentence). 7(b)(1) (2d sentence). 1(b) (last sentence).-. 6

Nov. 1 Nov. 8 Do... Do...

89-314 89-329 8»-332 89-348

515(b).

1-3, 9,11(d), 13,15(b)-(d), 16-18.

1(16)-"

85-622 0-68—17

449 569, 570

667 668

79

669

79 79 79 79 79 79 79 79 79

669 840 847 850 903 973 987 992

79 79 79 79

1111, 1112, 1118-1120, 1122-1124 1162 1267 1281 1311

Repeals.

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 PUBLIC LAW 90-84-SEPT. 11, 1967

224

[81 STAT.

STATUTES AT LAEQE-Contlnuod Date

1966 Feb. 19 Mar. 3 Mar. 23 Mar. 30 Do— Mar. 31 Apr. 26 June 9 June 29 July 4 July 5 July 18 Do—. Do.— Do.-. Do—. Do.-. July 19 July 21 Sept. 9 D o Sept. 26 Oct. 15 Do— Do—. Nov. 2 Do—. Nov. 8 Do—.

Public Law

Statutes at Large

Section

89-365 89-368 89-373 89-378 89-380 89-383 89-407 89-444 89-478 89-488 89-492 89-604 89-604 89-504 89-604 89-604 89-604 89-612 89-616 89-663 89-664 89-664 89-604 89-670 89-670 89-673 89-702 89-737 89-794 89-794

3(a) (1st sentence, less 1st 20 words) 11

6 28 78 93 94 98 131 198 231 252 262 288,289,293 296 297-300 300-303 303 303 318 323 727 736 736 846 932 932 962 1096 1164 1463 1474

4IIII-I--I---IIZIIII irs^K--iiiiiriiiiiiiriiri-iiiii

1,101-103,108 (b)-(d), 109 302(d) 404 (a)-(c), 405-408, 410_ 501-509 601-603701

115 (words after 2d comma in 2d sentence) 201 (words after 2d comma in 2d sentence) 205 3(0(1) ( t e t 15 words In 2d sentence) 3(0(2) (last 15 words in 2d sentence) 1,2 (less applicabllity to § 6), 3-5, 7,8 (1) and (2) 208(c) 2-4 109.— 801 "Sec. 804(b) (as applicable to § 106(c) of the Economic Opportunity Act of 1964)."

(c) The provisions of the reorganization plans specified in the following schedule have no further effect. REORGANIZATION PLANS Statutes at Large Year

Plan No.

Section Volume

1953 1966 1966 1965 1965 1966

1 3— 4(a) (2d sentence, less 1st 18 words) 2 4 11 (a), (e) (as applicable to (a)) 4 12 (as applicable to § 11(a)) 4 13 (as applicable to 111(a)) 2 2 (last 20 words)

Page 631 1318 1322 1322 1322 1609

Approved September 11, 1967. •sr

Public Law 90-84 September 11, 1967

[S. 1633]

D.C. Potomac interceptor sewer. Federal contribution, increase. 74 Stat. 210.

AN ACT

x^ amend the Act of June 12, 1960, relating to the Potomac interceptor sewer, to increase the amount of the Federal contribution to the cost of that sewer. Be it enacted by tM Seimte and House of Representatives of the United States of Aimrica in Congress assembled, That subsection (b) of section 2 of the Act of June 12, 1960 (D.C. Code, sec. 43-1621), is amended by inserting immediately after the first sentence the following: " I n the event any agency or local authority shall make lump sum payment of its entire portion of the cost, or one or more lump sum payments of the whole or any part of the remainder thereof, of all planning and construction (including acquisition of rights-of-way) of the interceptor, the agreement between the Commissioners and such agency or local authority shall provide or shall be modified to provide, as the case may be, that the charges to such local authority or agency for the use of the Potomac interceptor shall take into consideration

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 81 STAT,]

PUBLIC LAW 9 0 - 8 5 - S E P T. 11, 1967

225

such payment by the local authority or agency of its portion of the cost of such planning and construction: Provided, That any lump sum payment Dy an agency or local authority towards its portion of the cost of all planning and construction (including acquisition of rights-of-way), if not of the whole amount thereof or of the remaining balance at the time of payment, shall be in an amount of not less than one-fourth of the agency's or local authority's original entire portion of the planning and construction cost." SEC. 2. Section 4 of the Act of June 12, 1960 (D.C. Code, sec. 4 3 - Repayment of 1623), is amended— ^°^""(1) by inserting " (a) " immediately after "SEC. 4.", (2) by striking out in the second sentence "and shall be repaid" ^ and inserting in lieu thereof "and 50 per centum of the total ''....1.:.,,...^^ ^ amount of loans made under this section shall be repaid", and (3) by adding at the end thereof the following new subsection: " (b) The amount of loans which were made under subsection (a) of this section, and which do not have to be repaid— "(1) shall be considered as an additional Federal contribution toward the cost of planning, acquiring rights-of-way for, and constructing, the Potomac interceptor sewer, and "(2) for purposes of section 2(b) of this Act, shall be treated as having been appropriated pursuant to section 3 of this Act." A?1^'',^°'^^ 43-1622. Approved September 11, 1967.

Public Law 90-85 AN ACT

Septemberl 1, 1967

To authorize the Secretary of Agriculture to sell the Pleasanton Plant Materials Center in Alameda County, California, and to provide for the establishment of a plant materials center at a more suitable location to replace the Pleasanton Plant Materials Center, and for other purposes.

[H. k. 547]

Be it enacted by the Senate and Hmise of Representatives of the United States of America in Congress assembled, That the Secretary MrtlrfaiTSnrer^"* of Agriculture is authorized to convey to the County of Alameda, cau"^ ^ ^" ^ State of California, by quitclaim deed, for not less than fair market Relocation. value as determined by independent appraisal, all right, title, and „._ interest of the United States in and to the Pleasanton Plant Materials Center, situated in Alameda County, California, and the improvements thereon, which conveyance may be made subject to such reservations and upon such terms and conditions as the Secretary may deem appropriate, including the reservation of the right to continue the operation of the Pleasanton Plant Materials Center until a plant materials '*^ '"'• center to replace the Pleasanton Plant Materials Center shall be constructed, equipped, and ready for operation, and the functions of the Pleasanton Platit Materials Center are removed to the new site. SEC. 2.JThC;Secretary of Agriculture is authorized to apply the ^^^1°"^^^^^ ""^ proceeds of the sale of the Pleasanton Plant Materials Center to the costs of acquiring other lands or interests in land in the State of California which the Secretary' deems suitable for a plant materials center to be established as a replacement for the Pleasanton Plant Materials Center, to the cost of construction and alteration of buildings, and the development of such other improvements thereon as may be necessary for the establishment of the plant materials center, and to the costs of remoVaJ t&si^ch center of the functions of the Pleasanton Plant Materials Ceiiter, liicluding the expenses incident to the transfer of persoijne]^ and the removal of equipment, planting stock, and other property.

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 226

PtBLIC LAW 90-ai6-SEPT. 17, 1967

[81 STAT.

SEC. 3. Proceeds received from the sale of the Pleasanton Plant Materials Center shall be available to the Secretary until expended for carrying out this Act. Any such funds which the Secretary determines are not required for the establishment of a comparable new plant materials center as provided in this Act shall be deposited in the Treasury of the United States as miscellaneous receipts. Approved September 11, 1967.

Public Law 90-86 September 17, 1967

[H. R. 9837]

House of Representatives. Members, transportation expenses^ 77 Stat. 82; 79 Stat. 583.

Lump sum payments.

,.

.

..,,,...:

,. - ..;;

' '"'

AN ACT

rl•,^^ amend the legislative Branch Appropriation Act, 19-59, as it relates to transportation expenses of Members of the House of Representatives, and for other piirijoses.

Be it enacted by the Senate and House of Representatives of the United /States of America in Congress assembled, That the last paragraph under the subheading "Administrative Provisions" under the heading "SENATE" in the Legislative Branch Appropriation Act, 1959 (2 U.S.C. 43b), is amended by striking out "for not to exceed four round trips in each year." and inserting in lieu thereof "for a number of round trips each year not to exceed the number of months Congress is in session in such year, such reimbursement to be made in accordance with rules and regulations established by the Committee on House Administration of the House of Representatives." SEC. 2. The first sentence of section 2 of the Act of August 28, 1965 (Public Law 89-147; 2 U.S.C. 4 3 b - l), is amended by striking "$300" and inserting in lieu thereof "$750". SEC. 3. The amendments made by the first two sections of this Act shall take effect as of January 3, 1967. Approved September 17. 1967.

Public Law 90-87 September 21, 1967

AN ACT

[s. 1956]

ijijj extend for one year the authority for more flexible regulation f maxiumm rates of interest or dividends, higher reserve requirements, and open marlcet oijerations in agency issues.

Interest and dividends. 12 USC 461 note.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 7 of the Act of September 21, 1966 (80 Stat. 823), is hereby amended by striking "one-year" and inserting in lieu thereof "two-year". Approved September 21, 1967.

Public Law 90-88 September22, 1967

[H. R. 9547]

Inter-American Development Bank. 73 Stat. 299.

AN

ACT

TQ amend the Inter-American Development Bank Act to authorize the United States to participate in an increase in the resources of the Fund for Special Operations of the Inter-American Development Bank, and for other puriwses.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the InterAmerican Development Bank Act (22 U.S.C. 283-283k) is amended by renumbering section 14 thereof as section 15 and by adding a new section 14, as follows:

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Page:United States Statutes at Large Volume 81.djvu/261

 81 ST AT.]

PUBLIC LAW 90-818-SEPT. 22, 1967

227

((A U D I T "SEC. 14. (a) The Secretary of the Treasury shall instruct the United States Executive Director to propose the establishment by the Board of Executive Directors of a program of selective but continuing independent and comprehensive audit of the Inter-American Development Bank, in accordance with such terms of reference as the Board of Executive Directors itself (or through a subcommittee), may prescribe. Such proposal shall provide that the audit reports be submitted to the Board of Executive Directors and to the Board of Governors. " (b) The Comptroller General of the United States shall prepare for the Secretary of the Treasury the scope of the audit and the auditing and reporting standards for the use of the United States Executive Director in assisting in the formulation of the terms of reference. "(c) The reports of the National Advisory Council on International Monetary and Financial Policies to the Congress shall include, among other things, an appraisal of the effectiveness of the implementation and administration of the loans made by the Bank based upon the audit reports. The Comptroller General shall periodically review the reports of audit and findings issued and report to the Secretary of the Treasury and the Congress any suggestions he mi^ht have in improving the scope of the audit or auditing and reporting standards of the independent auditing firm, group, or staff." SEC. 2. The Inter-American Development Bank Act is further amended by adding a new section 16 at the end thereof: "SEC. 16. (a) The United States Governor of the Bank is hereby authorized to vote in favor of the resolution entitled 'Increase of $1,200,000,000 in Resources of F u n d for Special Operations' proposed by the Governors at their annual meeting in April 1967 and now pending before the Board of Governors of the Bank. Upon the adoption of such resolution, the United States Governor is authorized to agree, on behalf of the United States, to pay to the F u n d for Special Operations of the Bank, the sum of $900,000,000, in accordance with and subject to the terms and conditions of such resolution, and subject to the further condition that in consideration of the United States balance-of-payments deficit any local cost financing, by project or otherwise, with the funds authorized under this section be held to the minimum possible level. The United States Governor is also authorized to vote in favor of the amendment to Annex C of the agreement, now pending before the Board of Governors of the Bank, to modify the procedure employed in the election of Executive Directors.

'"

'"''"'••Is.

c^^re^s^*° °"^'"^^^-

• ti " o^e'l^^fions^in-*'^^^ crea's^e T re-*" n sources,

"(b) There is hereby authorized to be appropriated without fiscal Appropriation. year Hmitation, for the United States share in the increase in the resources of the Fund for Special Operations of the Bank, t^e sum of $900,000,000. "(c) The voting power of the United States shall be exercised for ^1^°%^^^^'^""' the purpose of disapproving any loan which might assist the recipient ^ ' • • ^ country directly or mdirectly to acquire sophisticated or heavy military equipment." Approved September 22, 1967.

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 228

PUBLIC LAW 90-80-SEPT. 22, 1967 Public Law 90-89

'

[81 STAT.

"

Septembei' 22. 1967

AN ACT

[S. 1601]

rji^^ increase the appropriation authorization for (•«)ntinning work in the Missouri River Rasin by the Se<!retary of the Interior.

Missouri River Basin.

Be it enacted by the Seruite arid House of Repre.se'ritatlve>i of the United States of Amerwa m Congress assembleA, That the Act of July 19, 1966 (80 Stat. 822), is hereby amended by changing "$60,000,000" to "$68,000,000". Approved September 22, 1967.

Public Law 90-90 AN ACT September23, 1967 [S. 828] To amend section 5(b) of the Act of March 18, 1966 (Public Law 89-372), so as to nialve the prohibition contained therein on the filling of certain vacancies in the oflBce of district judge for the eastern district of Pennsylvania inapplicable to the first vacancy occurring after the enactment of such Act. U.S. district judges. Pennsylvania. 28 USC 133 note.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 5(b) of the Act entitled "An Act to provide for the appointment of additional circuit and district judges, and for other purposes", approved March 18, 1966 (80 Stat. 78), is amended by striking out the words "first three vacancies occurring" in the second sentence thereof and inserting in lieu thereof "second, third, and fourth vacancies occurring after the effective date of this Act". Approved September 23, 1967.

Public Law 90-91 September 27, 1967 [S. 953]

Food Stamp Act of 1964, amendment. 78 Stat. 709.

7 USC 2025. Limitation.

-N'OtqfJt; -

AN ACT To amend the Food Stamp Act of 1964.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first sentence of subsection (a) of section 16 of the Food Stamp Act of 1964 is amended by inserting after "June 30, 1967;" the following: "not in excess of $200,000,000 for the fiscal year ending June 30, 1968; not in excess of $225,000,000 for the fiscal year ending June 30, 1969;". SEC. 2. Section 16(a) of such Act is further amended by inserting at the end thereof the following: "This Act shall be carried out only with funds appropriated from the general fund of the Treasury for that specific purpose and in no event shall it be carried out with funds derived from permanent appropriations." Approved September 27, 1967.

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 81 STAT.]

PUBLIC L A W 9 0 - 9 3 - S E P T. 27, 1967

229

Public Law 90-92

i AN ACT

September27, 1967

To provide for holding terms of the District Court of the United States for the eastern division of the Northern District of Mississippi in Ackernian, Mississippi.

'• '

''•'

Be, it enacted by the Senate and House of RepreaentathmH of the United States of America in CongreHH a>iHemhled, That the third sen- U.S.^^ i s t r i c t ^ d court. fence of section lO'l(a)(1) of title 28, United States Code, is amended Ackerman, Miss. to read as follows: ^^ Stat. 4is. "Couit for the eastern division shall be held at Aberdeen and Ackerman.''. Approved September 27, 1967.

Public Law 90-93

- : - ..,.=...3 AN ACT

September 27, 1967

To provide for the disposition of funds appropriated to pay a judgment in favor of the Emigrant New York Indians in Indian Claims Commission Docket Numbered 7.5, and for other puri)Oses.

^^' ^^'^^i

Be it enacted by the Senate and House of RepreHentativeH of the United States of America in Congress assembled, That the funds on Y^rik'^fndiln^^'^ deposit in the Treasury of the United States to the credit of the Emi- wL. grant New York Indians that were appropriated by the Act of May 29, J udgment funds. 1967 (81 Stat. 50), to pay a judgment by the Indian Claims Commission in Docket Numbered 75, and the interest thereon, after payment of attorney fees and expenses, shall be distributed as determined in sections 4 and 5 of this Act. SEC. 2. The Secretary of the Interior shall prepare rolls of all Membership rolls persons born on or prior to and living on the date of this Act (a) whose tion., preparanames appear on the membership roll of the Oneida Tribe of Indians of Wisconsin; or (b) whose names appear on the membership roll of the Stockbridge-Munsee Indian Community of Wisconsin; or (c) who are Brotherton Indians of Wisconsin of at least one-fourth degree Emigrant New York Indian blood and not members of either of the organized groups mentioned in (a) or (b). SEC. 3. For the purposes of expediting the enrollment of persons Enrollment ap•

•

•

•

nlications

referred to m section 2, subsections (a) and (b) of this Act, the governing bodies of the Oneida Tribe of Indians of Wisconsin and the Stockbridge-Munsee Indian Community of Wisconsin shall, with the assistance of the Secretary, prepare membership rolls of their respective bands. Applications for enrollment under subsection (c) of section 2 must be filed with the Superintendent of the Great Lakes Agency, Ashland, Wisconsin 54806, on forms prescribed for that purpose. The determination of the Secretary regarding the eligibility of the applicant shall be final. SEC. 4. The Secretary of the Interior shall apportion to each group f'^unj^^"""^'^"* mentioned in section 2 so much of the aforementioned judgment and accrued interest as the ratio of its enrollees bears to the total enrollees of all of said groups. SEC. 5. The funds apportioned to the Oneida Tribe of Indians of f^^ds!'"'"'"" °^ Wisconsin and the Stockbridge-Munsee Indian Community of Wisconsin shall be placed to their credit and may be used, advanced, expended, deposited, invested, or reinvested for any purposes that are authorized by the tribal governing bodies thereof and approved by

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 230

Tax exemptions.

PUBLIC LAW 90-914-SEPT. 27, 1967

[81 STAT.

the Secretary of the Interior. The funds apportioned to the group mentioned in section 2(c) shall be available for distribution in equal shares to the enrollees or their heirs or legatees. Payment may be made directly to each enrollee except that a share payable to a person under twenty-one years of age or to a person under legal disability shall be paid in accordance with such procedures as the Secretary detennines will adequately protect the best interests of such persons. SEC. 6. None of the funds that may be distributed per capita shall be subject to Federal or State income taxes. SEC. T. The Secretary of the Interior is authorized to prescribe rules and regulations to carry out the provisions of this Act. Approved September 27, 1967. OlfH'.i-

Public Law 90-94 September 27, 1967 [S.1165]

Chippewa Indians, Judgment funds, disposition. 79 Stat. 1152.

Tax exemptions.

AN ACT To provide for the disposition of judgment funds now on deposit to the credit of the Minnesota Chippewa Tribe of Indians on behalf of the Mississippi Bands and the Pillager and Lake Winnibigoshish Bands of Chippewa Indians.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the funds on deposit in the Treasury of the United States to the credit of the Minnesota Chippewa Tribe of Indians on behalf of the Mississippi Bands and the Pillager and Lake Winnibigoshish Bands of Chippewa Indians that were appropriated by the Act of October 31, 1965, to pay a judgment by the Indian Claims Commission in docket 18-B, and the interest thereon, after payment of attorney fees and expenses, may be advanced or expended for any purpose that is authorized by the tribal governing bodies of the Minnesota Chippewa Tribe and the White Earth, Leech Lake, and Mille Lacs Reservations with whom the members of the Mississippi Bands and Pillager and Lake Winnibigoshish Bands of Chippewa Indfans are affiliated, and approved by the Secretary of the Interior. Only those persons who are descendants of the Mississippi Bands and the Pillager and Lake Winnibigoshish Bands of Chippewa Indians who were born on or prior to and living on the date of this Act and who meet the requirements for membership in the Minnesota Chippewa Tribe shall be entitled to share in the use or distribution of the funds. Any part of such funds that may be distributed per capita to the members of the tribe shall not be subject to the Federal or State income tax. SEC. 2. The Secretary of the Interior is authorized to prescribe rules and regulations to carry out the provisions of this Act. Approved September 27, 1967.

if-

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 81 STAT.]

PUBLIC LAW 90-96-SEPT. 29, 1%7

231

Public Law 90-95 AN ACT

September28, 1967

To extend for one year the authority of the Secretary of Agriculture to make ____I^liE£ZJ indemnity payments to dairy farmers who are directed to remove their millc from commercial markets because it contains residues of chemicals registered and approved for use by the Federal Government.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary fnd^^mnftTpayof Agriculture is authorized to make indemnity payments, at a fair ments program, market value, to dairy farmers who have been directed since January 1, extension. 1964, to remove their milk from commercial markets because it contained residues of chemicals registered and approved for use by the Federal (jrovernment at the time of such use. Such indemnity payments shall continue to each dairy farmer vmtil he has been reinstated and is again allowed to dispose of his milk on commercial markets. SEC. 2. There is hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act. SEC. 3. The authority granted under this Act shall expire on June 30, 1968. Approved September 28, 1967, 1:45 p.m.

Public Law 90-96 AN ACT

Making appropriations for the Department of Defense for the fiscal year ending •June 30, 1968, and for other purposes.

September 29, 1967

[H. R. 10 738]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following Defense*T"*ro^ sums are appropriated, out of any money in the Treasury not other- priation Act, wise appropriated, for the fiscal year ending June 30, 1968, for mill- ^^es. tary functions administered by the Department of Defense, and for other purposes, namely: TITLE I MILITAEY PERSONNEL f ,

MILITARY PERSONNEL, ARMY

For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Army on active duty (except members of reserve components provided for elsewhere); $7,760,300,000.

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 232

PUBLIC LAW 90-06-SEPT. 29, 1967

[81 STAT.

MILITARY PERSONNEL, NAVY

•',

For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Navy on active duty (except members of the Reserve provided for elsewhere), midshipmen, and aviation cadets; $4,029,100,000. MILITARY PERSONNEL, MARINE CORPS

For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Marine Corps on active duty (except members of the Reserve provided for elsewhere); $1,396,300,000. MILITARY PERSONNEL,

A I R FORCE

For pay, allowances, individual clothing, subsistence, interest on deposits, f;ratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary cmty travel between permanent duty stations, for members of the Air Force on active duty (except members of reserve components provided for elsewhere), cadets, and aviation cadets; $5,619,300,000. RESERVE PERSONNEL, ARMY

^^7OA Stat. 11,

'

•

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army Reserve on active duty ^^^^^^ sections 265 and 3033 of title 10, United States Code, or while undergoing reserve training or while performing drills or equivalent: duty, and for members of the Reserve Officers' Training Corps, as authorized by law; $297,200,000: Provided, That the Army Reserve; will be programed to attliln an average strength of not Tessthan rwo hundred sixty thousand for fiscal year 1968. RESERVE PERSONNEL,

NAVY

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Naval Reserve on active duty under section 265 of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and for members of the Reserve Officers' Training Corps, as authorized by law; $116,100,000. RESERVE PERSONNEL, MARINE

CORPS

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Marine Corps Reserve and the Marine Corps platoon leaders class on active duty under section 265 of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, as authorized by law; $38,300,000.

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233

RESERVE PERSONNEL, A I R FORCE

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air Force Reserve on active duty under sections 265 or 8033 of title 10, United States Code, or v^^hile undergoing reserve training, or while performing drills or equivalent duty, and for members of the Air Reserve Officers' Training Corps, as authorized by law; $72,300,000. NATIONAL GUARD PERSONNEL, ARMY

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army National Guard while on duty under sections 265, 3033, or 3496 of title 10 or section 708 of title 32, United States Code, or while undergoing training or while performing drills or equivalent duty, as authorized by law; $345,000,000: Provided, That obligations may be incurred under this appropriation without regard to section 107 of title 32, United States Code: Provided further, That the Army National Guard will be programed to attain an average strength of not less than four hundred thousand for fiscal year 1968.

^o^ Stat. 599.

NATIONAL GUARD PERSONNEL, A I R FORCE

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air National Guard on duty under sections 265, 8033, or 8496 of title 10 or section 708 of title 32, United States Code, or while undergoing training or while performing drills or equivalent duty, as authorized by law; $87,600,000: Provided, That obligations may be incurred under this appropriation without regard to section 107 of title 32, United States Code. RETIRED P A Y, DEFENSE

For retired pay and retirement pay, as authorized by law, of military personnel on the retired lists of the Army, Navy, Marine Corps, and the Air Force, including the reserve components thereof, retainer pay for personnel of the inactive Fleet Reserve, and payments under chapter 73 of title 10, United States Code; $2,020,00,000.

10 USC HSI1446.

TITLE II OPERATION AND MAINTENANCE OPERATION AND MAINTENANCE, A R M Y

^^ For expenses, not otherwise provided for, necessary for the operation and maintenance of the Army, including administration; medical and dental care of personnel entitled thereto by law or regulation (including charges of private facilities for care of military persomiel on duty or leave, except elective private treatment), and other measures

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necessary to protect the health of the Army; care of the dead; chaplains' activities; awards and medals; welfare and recreation; recruiting expenses; transportation services; communications services; maps and similar data for military purposes; military surveys and engineering planning; repair of facilities; hire of passenger motor vehicles; tuition and fees incident to training of military personnel at civilian institutions; field exercises and maneuvers; expenses for the Reserve Officers' Training Corps and other units at educational institutions, as authorized by law; and not to exceed $4,690,000 for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Army, and payments may be made on his certificate of necessity for confidential military purposes, and his determination shall be final and conclusive upon the accounting officers of the Government; $6,942,375,000, of which not less than $280,000,000 shall be available only for the maintenance of real property facilities. OPERATION AND MAINTENANCE, NAVY

70A Stat. 442.

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Navy and the Marine Corps, including aircraft and vessels; modification of aircraft, missiles, missile systems, and other ordnance; design and alteration of vessels; training and education of members of the Navy; administration; procurement of military personnel; hire of passenger motor vehicles; welfare and recreation; medals, awards, emblems, and other insignia; transportation of things (includingtransportationof household effects of civilian employees); industrial mobilization; medical and dental care; care of the dead; charter and hire of vessels; relief of vessels in distress; maritime salvage services; military communications facilities on merchant vessels; dissemination of scientific information; administration of patents, trademarks, and copyrights; annuity premiums and retirement benefits for civilian members of teaching services; tuition, allowances, and fees incident to training of military personnel at civilian institutions; repair of facilities; departmental salaries; conduct of schoolrooms, service clubs, chapels, and other instructional, entertainment, and welfare expenses for the enlisted men; procurement of services, special clothing, supplies, and equipment; installation of equipment in public or private plants; exploration, prospecting, conservation, development, use, and operation of the naval petroleum and oil shale reserves, as authorized by law; and not to exceed $12,549,000 for emergency and extraordinary expenses, as authorized j^y section 7202 of title 10, United States Code, to be expended on the approval and authority of the Secretary and his determination shall be final and conclusive upon the accounting officers of the Government; $4,653,000,000, of which not less than $154,000,000 shall be available only for maintenance of real property facilities, and not to exceed $1,360,000 may be transferred to the appropriation for "Salaries and expenses", Environmental Science Services Administration, Department of Commerce, for the current fiscal year for the operation of ocean weather stations.

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235

OPERATION AND MAINTENANCE, MARINE CORPS

For expenses, necessary for the operation and maintenance of the Marine Corps including equipment and facilities; procurement of military personnel; training and education of regular and reserve personnel, including tuition and other costs incurred at civilian schools; welfare and recreation; conduct of schoolrooms, service clubs, chapels, and other instructional, entertainment, and welfare expenses for the enlisted men; procurement and manufacture of military supplies, equipment, and clothing; hire of passenger motor vehicles; transportation of things; medals, awards, emblems, and other insignia; operation of station hospitals, dispensaries and dental clinics; and departmental salaries; $391,600,000, of which not less than $22,241,000 shall be available only for the maintenance of real property facilities. OPERATION AND MAINTENANCE, A I R FORCE

For expenses, not otherwise provided for, necessary for the operation, maintenance, and administration of the Air Force, including the Air Force Reserve and the Air Reserve Officers' Training Corps; operation, maintenance, and modification of aircraft and missiles; transportation of things; repair and maintenance of facilities; field printing plants; hire of passenger motor vehicles; recruiting advertising expenses; training and instruction of military personnel of the Air Force, including tuition and related expenses; pay, allowances, apd travel expenses of contract surgeons; repair of private property and other necessary expenses of combat maneuvers; care of the dead; chaplain and other welfare and morale supplies and equipment; conduct of schoolrooms, service clubs, chapels, and other instructional, entertainment, and welfare expenses for enlisted men and patients not otherwise provided for; awards and decorations; industrial mobilization, including maintenance of reserve plants and equipment and procurement planning; special services by contract or otherwise; and not +o exceed $3,311,000 for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Air Force, and payments may be made on his certificate of necessity for confidential military purposes, and his determination sjiall be final and conclusive upon the accounting officers of the Government; $5,367,025,000, of which not less than $250,000,000 shall be available only for the maintenance of real property facilities, and not to exceed $200,000 may be transferred to the appropriation for "Salaries and expenses", Environmental Science Services Administration, Department of Commerce, for the current fiscal year, for the operation of the Marcus Island upper-air station. OPERATION AND MAINTENANCE, DEFENSE AGENCIES

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

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tional services for the Armed Forces; communications services; and not to exceed $3,657,000 for emergency and extraordinary expenses, to be expended on the approval or authority of the Secretary of Defense for such purposes as he deems appropriate, and his determination thereon shall be final and conclusive upon the accounting officers of the Government; $947,520,000, of which not less than $11,900,000 shall be available only for the maintenance of real property facilities. OPERATION AND MAINTENANCE, ARMY NATIONAL

70A Stat. 614.

70A Stat. 599.

GUARD

For expenses of training, organizing, and administering the Army National Guard, including maintenance, operation, and repairs to structures and facilities; hire of passenger motor vehicles; personal services in the National Guard Bureau and services of personnel of the National Guard employed as civilians without regard to their military rank, and the number of caretakers authorized to be employed under provisions of law (32 U.S.C. T09), and those necessary to provide reimbursable services for the military departments, may be such as is deemed necessary by the Secretary of the Army; travel expenses (other than mileage), as authorized by law for Army personnel on active duty, for Army National Guard division, regimental, and battalion commanders while inspecting units in compliance with National Guard regulations when specifically authorized by the Chief, National Guard Bureau; supplying and equipping the Army National Guard of the several States, Commonwealth of Puerto Rico, and the District of Columbia, as authorized by law; and expenses of repair, modification, maintenance, and issue of supplies and equipment (including aircraft); $241,000,000, of which not less than $1,900,000 shall be available only for the maintenance of real property facilities: Provided, That obligations may be incurred under this appropriation without regard to section 107 of title 32, United States Code. OPERATION AND MAINTENANCE, A I R NATIONAL GUARD

For operation and maintenance of the Air National Guard, including medical and hospital treatment and related expenses; maintenance, operation, repair, and other necessary expenses of facilities for the training and administration of the Air National Guard, including repair of facilities, maintenance, operation, and modification of aircraft; transportation of things; hire of passenger motor vehicles; supplies, materials, and equipment, as authorized by law for the Air National Guard of the several States, Commonwealth of Puerto Rico, and the District of Columbia; and expenses incident to the maintenance and use of supplies, materials, and equipment, including such as may be furnished from stocks under the control of agencies of the Department of Defense; travel expenses (other than mileage) on the same basis as authorized by law for Air National Guard personnel on active Federal duty, of Air National Guard commanders while inspecting units in compliance with National Guard regulations when specifically authorized by the Chief, National Guard Bureau; $272,570,000, of which not less than $2,500,000 shall be available only for the maintenance of real property facilities: Provided, That the number of caretakers authorized to be employed under the provisions of law (32 U.S.C. 709) may be such as is deemed necessary by the Secretary of the Air Force and such caretakers may be employed without regard to their military rank as members of the Air National Guard: Provided further, That obligations may be incurred under this appropriation without regard to section 107 of title 32, United States Code.

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P U B L I C LAW 9 0 - 9 6 - S E P T. 29, 1967

237

NATIONAL BOARD FOR THE PROMOTION OF RIFLE PRACTICE, A R M Y

For the necessary expenses of construction, equipment, and maintenance of rifle ranges, the instruction of citizens in marksmanship, and promotion of rifle practice, in accordance with law, including travel of rifle teams, military personnel, and individuals attending regional, national, and international competitions, and not to exceed $21,000 for incidental expenses of the National Board; $428,000: Provided, That travel expenses of civilian members of the National Board shall be paid in accordance with the Standardized Government Travel Regulations, as amended. CLAIMS, DEFENSE

For payment, not otherwise provided for, of claims authorized by law to be paid by the Department of Defense (except for civil functions), including claims for damages arising under training contracts with carriers, and repayment of amounts determined by the Secretary concerned, or officers designated by him, to have been erroneously collected from military and civilian personnel of the Department of Defense, or from States, territories, or the District of Columbia, or members of National Guard units thereof; $30,000,000.

>,;!)^

CONTINGENCIES, DEFENSE

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

For salaries and expenses necessary for the Court of Military Appeals; $602,000. A R M Y STOCK F U N D

For the Army Stock Fund, $60,000,000. DEFENSE STOCK F U N D

For the Defense Stock Fund, $118,400,000. TITLE III PROCUREMENT PROCUREMENT OF EQUIPMENT AND MISSILES, A R M Y

For expenses necessary for the procurement, manufacture, and modification of missiles, armament, ammunition, equipment, vehicles, vessels, and aircraft for the Army and the Reserve Officers' TrainingCorps; purchase of not to exceed five thousand passenger motor vehicles (including eleven medium sedans at not to exceed $3,000 each) for replacement only; expenses which in the discretion of the Secretary of the Army are necessary in providing facilities for production of equipment and supplies for national defense purposes, including construction, and the furnishing of Government-owned facilities and equipment at privately owned plants; and ammunition

Report to con

gressional committees.

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for military salutes at institutions to which issue of weapons for salutes is authorized; $5,462,500,000, to remain available until expended: Provided, That of the funds appropriated in this paragraph, $269,000,000 shall be available only for the N I K E - X antiballistic missile system. PROCUREMENT OF AIRCRAFT AND MISSILES, NAVT

40 USC 255.

For construction, procurement, production, modification, and modernization of aircraft, missiles, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants, including the land necessary therefor, and such lands, and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title by the Attorney Gengj,^j g^g required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public or private plants; $2,939,100,000, to remain available until expended of which $147,900,000 shall be available only for the F - l l l B aircraft program: Provided, That of the funds appropriated in this paragraph, $106,700,000 shall be available only for the E A - 6 A aircraft program. SHIPBUILDING AND CONVERSION, NAVY

For expenses necessary for the construction, acquisition, or conversion of vessels as authorized by law, including armor ana armament thereof, plant equipment, appliances, and machine tools, and installation thereof in public or private plants; procurement of critical, long leadtime components and designs for vessels to be constructed or converted in the future; and expansion of public and private plants, including land necessary therefor, and such land, and interests therein, may be acquired and construction prosecuted thereon prior to approval of title by the Attorney General as required by section 355, Revised Statutes, as amended; $1,297,000,000, to remain available until expended: Provided, That none of the funds herein provided for the construction or conversion of any naval vessel to be constructed in shipyards in the United States shall be expended in foreign shipyards for the construction of major components of the hull or superstructure of such vessel: Provided further, That none of the funds herein provided shall be used for the construction of any naval vessel in foreign shipyards. OTHER PROCUREMENT, NAVY

For procurement, production, and modernization of support equipment, and materials not otherwise provided for. Navy ordnance and ammunition (except ordnance for new aircraft, new ships, and ships authorized for conversion), purchase of not to exceed one thousand six hundred and seventeen passenger motor vehicles (including seven medium sedans at not to exceed $3,000 each) for replacement only; expansion of public and private plants, including the land necessary therefor, and such lands, and interests therein may be acquired, and construction prosecuted thereon prior to approval of title by the Attorney General as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public or private plants; $2,336,000,000, to remair available until expended.

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239^

PROCUREMENT, MARINE CORPS

For expenses necessary for the procurement, manufacture, and modification of missiles, armament, ammunition, military equipment, and vehicles for the Marine Corps, including purchase of not to exceed two hundred and seventy-one passenger motor vehicles for replacement only; $665,000,000, to remain available until expended. AIRCRAFT PROCUREMENT, A I R FORCE

For construction, procurement, and modification of aircraft, and equipment, including armor and armament, specialized ground handling equipment, and training devices, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants. Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land without regard to section 9774 of title 10, United States Code, for the foregoing purposes, and such land, and interests therein, may be acquired and construction prosecuted thereon prior to the approval of title by the Attorney General as required by section 355, Revised Statutes, as amended; reserve plant and equipment lay away; and other expenses necessary for the foregoing purposes, including rents and transportation of things; and $55,000,000 of the funds available under this head shall be available only for the F-12 aircraft program; $5,493,400,000, to remain available until expended. Missn^E PROCUREMENT, Am

'^^ ^^^ ^ss.

FORCE

For construction, procurement, and modification of missiles, rockets, and related equipment, including spare parts and accessories therefor, ground handling equipment, and training devices; expansion of public and private plants. Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land without regard to section 9774 of title 10, United States Code, for the foregoing purposes, and such land, and interests therein, may be acquired and construction prosecuted thereon prior to the approval of title by the Attorney General as required by section 355, Revised Statutes, as amended; reserve plant and equipment layaway; and other expenses necessary for the foregoing purposes, including rents and transportation of things; $1,340,000,000, to remain available until expended. OTHER PROCUREMENT, A I R FORCE

For procurement and modification of equipment (including ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and spare parts therefor, not otherwise provided for; the purchase of not to exceed two thousand four hundred and seventy passenger motor vehicles (including six medium sedans at not to exceed $3,000 each) for replacement only; and expansion of public and private plants. Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land without regard to section 9774 of title 10, United States Code, for the foregoing purposes, and such land, and interests therein, may be acquired and construction prosecuted thereon prior to the approval of title by the Attorney General as required by section 355, Revised Statutes, as amended; $2,429,800,000, to remain available until expended. 85-622 0-68—18

^OA Stat. sso.

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PROCUREMENT, DEFENSE AGENCIES

40 USC 255.

For expenses of activities and agencies of the Department of Defense (other than the military departments and the Office of Civil Defense) necessary for procurement, production, and modification of equipment, supplies, materials and spare parts therefor not otherwise provided for; purchase of one hundred and twenty-two passenger motor vehicles for replacement only (including six medium sedans at not to exceed $3,000 each); expansion of puWic and private plants, equipment and installation thereof in such plants, erection of structures, and acquisition of land for the foregoing purposes, and such land and interest therein may be acquired and construction prosecuted thereon prior to the approval of title by the Attorney General as required b^^ section 355, Revised Statutes, as amended; ^8,000,000, to remain available until expended. TITLE IV RESEARCH, DEVELOPMENT, TEST, AND EVALUATION RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, A R M Y

For expenses necessary for basic and applied scientific research, development, test, and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $1,505,700,000, to remain available until expended. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, NAVY

For expenses necessary for basic and applied scientific research, development, test, and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorize! by law; $1,816,400,000, to remain available until expended. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, A I R FORCE

Advanced Manned Strategic Aircraft program.

For expenses necessary for basic and applied scientific research, development, test, and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $3,240,000,000, to remain available until expended: Provided, That of the funds appropriated in this paragraph, $47,000,000 shall be available only for the Advanced Manned Strategic Aircraft program. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, DEFENSE AGENCIES

Transfer of funds.

For expenses lof activities and agencies of the Department of Defense (other than the military departments and the Office of Civil Defense), necessary for basic and applied scientific research, development, test, and evaluation; advanced research projects as may be designated and determined by the Secretary of Defense, pursuant to law; maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law, to remain available until expended; $446,500,000: Provided, That such amounts as may be determined by the Secretary of Defense to have been made available in other appropriations available to the Department of Defense during the current fiscal year for programs related to advanced research may be transferred to and merged with tjiis appropriation to be available for the same purposes and time period: Provided further, That such amounts of this appropriation as may be determined by the Secretary of Defense may be transferred to carry out the purposes of advanced

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research to those appropriations for military functions under the Department of Defense which are being utilized for related programs, to be merged with and to be available for the same time period as the appropriation to which transferred. EMERGENCY F U N D, DEFENSE

For transfer by the Secretary of Defense, with the approval of the Bureau of the Budget, to any appropriation for military functions under the Department of Defense available for research, development, test, and evaluation, or procurement or production related thereto, to be merged with and to be available for the same purposes, and for the same time period, as the appropriation to which transferred; $100,000,000, and, in addition, not to exceed $150,000,000, to be used upon determination by the Secretary of Defense that such funds can be wisely, profitably, and practically used in the interest of national defense and to be derived by transfer from such appropriations available to the Department of Defense for obligation during the current fiscal year as the Secretary of Defense may designate: Provided, That any appropriations transferred shall not exceed 7 per centum of the appropriation from which transferred. TITLE V SPECIAL FOREIGN CURRENCY PRO(JRAM

For payments in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States, for expenses of carrying out programs of the Department of Defense as authorized by law, $11,200,000, to remain available until expended: Provided, That this appropriation shall be available, in addition to other appropriations to such Department, for payments in the foregoing currencies. TITLE VI GENERAL PROVISIONS SEC. 601. During the current fiscal year, the Secretary of Defense and the Secretaries of the Army, Navy, and Air Force, respectively, if they should deem it advantageous to the national defense, and if in their opinions the existing facilities of the Department of Defense are inadequate, are authorized to procure services in a<?cordance with 5 U.S.C. 3109, under regulations prescribed by the Secretary of Defense, and to pay in connection therewith travel expenses of individuals, including actual transportation and per diem in lieu of subsistence while traveling from their homes or places of business to official duty station and return as may be authorized by law: Provided, That such contracts may be renewed annually. SEC. 602. During the current fiscal year, provisions of law prohibiting the payment of compensation to, or employment of, any person not a citizen of the United States shall not apply to personnel of the Department of Defense. SEC. 603. Appropriations contained in this Act shall be available for insurance of official motor vehicles in foreign countries, when required by laws of such countries; payments in advance of expenses determined by the investigating officer to be necessary and in accord with local custom for conducting investigations in foreign countries incident to matters relating to the activities of the department concerned; reimbursement of General Services Administration for security guard services for protection of confidential files; reimburse-

E Xpert s or consuit ants

80 Stat. 416.

Employment of noncitizens.

Appropriations, availability.

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Ante, p. 199. Prisoners of war, etc.

Land acquisition. 72 Stat. 1459; 76 Stat. 511. Dependents' schooling. 64 Stat. 1100; 79 Stat. 27; 80 Stat. 1191.

70A Stat. 442.

Occupied areas.

70A Stat. 444. Deficiency judgments. Leasing.

56 Stat. 654. To o l s, maintenance. A c c e s s roads. 7 2 Stat. 908. Milk program. 68 Stat. 900.

Articles for prisoners, etc.

PUBLIC LAW 9O-06~SEPT. 29, 1967

[81 STAT.

ment of the Federal Bureau of Investigation for expenses in connection with investigation of defense contractor personnel; and all necessary expenses, at the seat of government of the United States of America or elsewhere, in connection with communication and other services and supplies as may be necessary to carry out the purposes of this Act: Provided, That no appropriation contained in this Act, and' no funds available from prior appropriations to component departments and agencies of the Department of Defense, shall be used to pay tuition or to make other payments to educational institutions in connection with the instruction or training of file clerks, stenographers, and typists receiving, or prospective file clerks, stenographers, and typists who will receive compensation at a rate below the minimum rate of pay for positions allocated to grade GS-5 under the Classification Act of 1949, as amended. SEC. 604. Any appropriation available to the Army, Navy, or the Air Force may, under such regulations as the Secretary concerned may prescribe, be used for expenses incident to the maintenance, pay, andj allowances of prisoners of war, other persons in Army, Navy, or Air Force custody whose status is determined by the Secretary concerned to be similar to prisoners of war, and persons detained in such custody pursuant to Presidential proclamation. SEC. 605. Appropriations available to the Department of Defense for the current fiscal year for maintenance or construction shall be available for acquisition of land as authorized by section 2672 of title 10, United States Code. SEC. 606. Appropriations for the Department of Defense for the current fiscal year shall be available, (a) except as authorized by the Act of September 30, 1950 (20 U.S.C. 236-244), for primary and secondary schooling for minor dependents of military and civilian personnel of the Department of Defense residing on military or naval installations or stationed in foreign countries, as authorized for the Navy by section 7204 of title 10, United States Code, in amounts not exceeding $86,000,000, when the Secretary of the Department concerned finds that schools, if any, available in the locality, are unable to provide adequately for the education of such dependents; (b) for expenses in connection with administration of occupied areas; (c) for payment of rewards as authorized for the Navy by section 7209 (a.) of title 10, United States Code, for information leading to the discovery of missing naval property or the recovery thereof; (d) for payment of deficiency judgments and interests thereon arising out of condemnation proceedings; (e) for leasing of buildings and facilities including payment of rentals for special purpose space at the seat of government and, in the conduct of field exercises and maneuvers or, in administering the provisions of 43 U.S.C. 315q, rentals may be paid in advance; (f) payments under contracts for maintenance of tools and facilities for twelve months beginning at any time during the fiscal year; (g) maintenance of Defense access roads certified as im-; portant to national defense in accordance with section 210 of title 23, United States Code; (h) for the purchase of milk for enlisted personnel of the Department of Defense heretofore made available pursuant to section 1446a, title 7, United States Code^ and the cost of milk so purchased, as determined by the Secretary of Defense, shall be included in the value of the commuted ration; (i) transporting civilian' clothing to the home of record of selective service inductees and recruits on entering the military services; (j) payments under leases for real or personal property for twelve months beginning at any time during the fiscal year. SEC. 607. Appropriations for the Department of Defense for the current fiscal year shall be available for: (a) donations of not to

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