text:
Page:United States Statutes at Large Volume 78.djvu/578

 536

PUBLIC LAW 88-454-AUG. 20, 1964

[78 STAT.

resolutions are hereby repealed; and the basic amount available for clerical assistance and readjustment of salaries in the disbursing office is increased by $720. COMMITTEEMPLOYEES

For professional and clerical assistance to standing committees and the Select Committee on Small Business, $2,731,965. (X)NFERENCE COMMITTEES

For clerical assistance to the Conference of the Majority, at rates of compensation to be fixed by the chairman of said committee, $82,740. For clerical assistance to the Conference of the Minority, at rates of compensation to be fixed by the chairman of said committee, $82,740. ADMINISTRATIVE AND CLERICAL ASSISTANTS TO SENATORS

For administrative and clerical assistants and messenger service for Senators, $13,731,170. OFFICE OF SERGEANT AT ARMS AND DOORKEEPER

For office of Sergeant at Arms and Doorkeeper, $2,757,350: Provided, That effective July 1, 1964, the Sergeant at Arms may employ a messenger at $1,800 basic per annum, two messengers at $1,740 basic per annum each, two laborers at $1,560 basic per annum each, and eight special employees at $1,000 basic per annum each, in lieu of the positions authorized by S. Res. 428, agreed to February 17, 1931, S. Res. 62, agreed to December 15, 1931, S. Res. 83, agreed to December 17, 1931, S. Res. 453, agreed to February 26, 1931, S. Res. 44, agreed to April 11, 1933, and S. Res. 212, agreed to February 15, 1954, which resolutions are hereby repealed: Provided further, That! effective July 1, 1964, the Sergeant at Arms may also employ one additional addressograph operator at $2,160 basic per annum. OFFICES OF THE SECRETARIES FOR THE MAJORITY AND THE MINORITY

For the offices of the Secretary for the Majority and the Secretary for the Minority, $135,195. OFFICES OF THE MAJORITY AND MINORITY WHIPS

For four clerical assistants, two for the Majority Whip and two for the Minority Whip, at rates of compensation to be fixed in basic multiples of $60 per annum by the respective Whips, $15,165 each; in all, $30,330. OFFIOtAL REPORTERS OF DEBATES

For office of the Official Reporters of Debates, $240,760. OFFICE OF THE LEGISLATIVE COUNSEL OF THE SENATE

For salaries and expenses of the Office of the Legislative Counsel of the Senate, $252,530.

�


text:
Page:United States Statutes at Large Volume 78.djvu/579

 78 STAT. ]

PUBLIC LAW 88-454-AUG. 20, 1964 (\)NTiN(jKNT E X P E N S E S O F THE

537

SENATE

SENATE POLICY COMMITTEES

For salaries and expenses of the Majority Policy Committee and the Minority Policy Committee, $175,585 for each such committee; in all, $351,170. AUTOMOBILES AND MAINTENANCE

For purchase, exchange, driving, maintenance, and operation of four automobiles, one for the Vice President, one for the President Pro Tempore, one for the Majority I-/eader, and one for the Minority Trader, $39,840. FURNITURE

For service and materials in cleaning and repairing furniture, and for the purchase of furniture, $31,190: Provided, That the furniture purchased is not available from other agencies of the Government. INQUIRIES AND INVESTIGATIONS

For expenses of inquiries and investigations ordered by the Senate or conducted pursuant to section 134(a) of Public Law 601, Seventyninth Congress, including $380,000 for the Committee on Appropriations, to be available also for the purposes mentioned in Senate Resolution Numbered 193, agreed to October 14, 1943, $4,275,760.

2°usc*'iS"

FOLDING DOCUMENTS

For the employment of personnel for folding speeches and pamphlets at a gross rate of not exceeding $2.03 per hour per person, $36,700. MAIL TRANSPORTATION

For maintaining, exchanging, and equipping motor vehicles for carrying the mails and for official use of the offices of the Secretary and Sergeant at Arms, $16,560. MISCELLANEOUS ITEMS

For miscellaneous items, exclusive of labor, $2,660,790, including $85,000 for payment to the Architect of the Capitol in accordance with section 4 of Public Law 87-82, approved July 6, 1961. 75 Stat. 199 ' ^^ POSTAGE STAMPS

"^ '

For postage stamps for the Offices of the Secretaries for the Majority and Minority, $140; and for airmail and special-delivery stamps for Office of the Secretary, $160; Office of the Sergeant at Arms, $125; Senators and the President of the Senate, as authorized by law, $61,610; in all, $62,035. STATIONERY (REVOLVING FUND)

For stationery for Senators and the President of the Senate, $242,400; and for stationery for committees and officers of the Senate, $13,200; in all, $256,600, to remain available until expended.

40 USC 174J-4.

�

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


text:
Page:United States Statutes at Large Volume 78.djvu/580

 538

PUBLIC LAW 88-454-AUG. 20, 1964

[78 STAT.

COMMUNICATIONS

For an amount for communications which may be expended interchangeably for payment, in accordance with such limitations and restrictions as may be prescribed by the Committee on Kules and Administration, of charges on official telegrams and long-distance telephone calls made by or on behalf of Senators or the President of the Senate, such telephone calls to be in addition to those authorized by the provisions of the Legislative Branch Appropriation Act, 1947 ,77 Stat. 863; (gQ Stat. 392; 2 U.S.C. 46c, 46d, 46e), as amended, and the First De72 Stat. 442. ficiency Appropriation Act, 1949 (63 Stat. 77; 2 U.S.C. 4 6 d - l), $15,150. ADMINISTRATIVE PROVISION

73^stat^*4o\^^'

The table contained in section 4(f) of the Federal Employees' Salary Increase Act of 1955 (Public Law 94, Eighty-fourth Congress, approved June 28, 1955), as amended, is amended to read as follows:

2 USC 60f

note.

Amount of

States having a population of— Less than 3,000,000 3,000,000 but less than 4,000,000 4,000,000 but less than 5,000,000 5,000,000 but less than 7,000,000 7,000,000 but less than 9,000,000 9,000,000 but less than 10,000,000 10,000,000 but less than 11,000,000 11,000,000 but less than 12,000,000 12,000,000 but less than 13,000,000 13,000,000 but less than 15,000,000 15,000,000 but less than 17,000,000 17,000,000 or more

increase $10, 740. 13, 740. 16, 740. 19, 740. 22, 740. 25, 740. 28, 740. 31, 740. 34, 740. 37, 740. 40, 740. 43, 740.

HOUSE OF REPRESENTATIVES SALARIES, MILEAGE FOR THE MEMBERS, AND EXPENSE ALLOWANCE OF THE S P E A K E R

C O M P E N S A T I O N O F MEMBERS

For compensation of Members (wherever used herein the term "Member" shall include Members of the House of Representatives and the Resident Commissioner from Puerto Rico), $10,622,500. M I L E A G E O F MEMBERS AND EXPENSE ALLOWANCE OF THE SPEAKER

For mileage of Members and expense allowance of the Speaker, as authorized by law, $200,000. SALARIES, OFFICERS AND EMPLOYEES

For compensation of officers and employees, as authorized by law, as follows: OFFICE OF THE SPEAKER

For the Office of the Speaker, $94,875. OFFICE OF THE PARLIAMENTARIAN

For the Office of the Parliamentarian, $75,380, including the Parliamentarian and $2,000 for preparing the Digest of the Rules, as authorized by law.

�


text:
Page:United States Statutes at Large Volume 78.djvu/581

 78 STAT. ]

PUBLIC LAW 88-454-AUG. 20, 1964

539

OFFICE OF TJIE C H A P L A I N

For the Office of the Chaplain, $9,430. OFFICE OF THE CLERK

For the Office of the Clerk, including $127,330 for the House Recording Studio, $1,240,000. COMMITTEEMPLOYEES

For committee employees, including the Committee on Appropriations, $3,180,000. OFFICE OF THE SERGEANT AT ARMS

For the Office of the Sergeant at Arms, including $8,000 for additional clerical assistants, $955,000, of which $294,175 shall be available only upon adoption by the House of House Resolution 648, Eightyeighth Congress. OFFICE OF THE DOORKEEPER

•'

For the Office of Doorkeeper, $1,174,000. SPECIAL A N D MINORITY

EMPLOYEES

For six minority employees, $94,595. For the office of the majority floor leader, including $2,000 for official expenses of the majority leader, $77,760. For the office of the minority floor leader, including $2,000 for official expenses of the minority leader, $60,100. For the office of the majority whip, including $8,100 basic lump-sum (clerical assistance, $40,100. For the office of the minority whip, including $8,100 basic lump-sum clerical assistance, $40,100. For two printing clerks, one for the majority caucus room and one for the minority caucus room, to be appointed by the majority and minority leaders, respectively, $14,515. For a technical assistant in the office of the attending physician, to be appointed by the attending physician, subject to the approval of the Speaker, $12,345. \ • OFFICE OF THE POSTMASTER

"'

f'"

For the Office of the Postmaster, including $9,700 for employment of substitute messengers, and extra services of regular employees when required at the basic salary rate of not to exceed $2,100 per annum each, $380,000. _,': OFFICIAL REPORTERS OF DEBATES

For official reporters of debates, $217,120. OFFICIAL REPORTERS TO COMMITTEES

For official reporters to committees, $219,345. COMMITTEE ON

APPROPRIATIONS

For salaries and expenses, studies and examinations of executive agencies, by the Committee on Appropriations, and temporary personal services for such committee, to be expended in accordance with

�


text:
Page:United States Statutes at Large Volume 78.djvu/582

 540 60 Stat. 834. 2 USC 72a.

PUBLIC LAW 88-454-AUG. 20, 1964

[78 STAT.

section 202(b) of the Legislative Reorganization Act, 1946, and to be available for reimbursement to agencies for services performed, $700,000. OFFICE OF THE LEGISI^TIVE

COUNSEL

For salaries and expenses of the Office of the Legislative Counsel of the House, $252,530. MEMBERS' CLERK HIRE

For clerk hire, necessarily employed by each Member in the discharge of his official and representative duties, $21,500,000. (.^)NTINGENT E X P E N S E S OF THE

HouSE

FURNITURE

For furniture and materials for repairs of the same, including labor, tools, and machinery for furniture repair shops, and for the purchase of packing boxes, $340,000. MISCELLANEOUS ITEMS

40 S c mk.*

For miscellaneous items, exclusive of salaries unless specifically ordered by the House of Representatives, including the sum of $90,000 for payment to the Architect of the Capitol in accordance with section 208 of the Act approved October 9, 1940 (Public Law 812); the exchange, operation, maintenance, and repair of the Clerk's motor vehicles; the exchange, operation, maintenance, and repair of the folding room motortruck; the exchange, maintenance, operation, and repair of the post office motor vehicles for carrying the mails; not to exceed $5,000 for the purposes authorized by section 1 of House Resolution 348, approved June 29, 1961; the sum of $600 for hire of automobile for the Sergeant at Arms; materials for folding; and for stationery for the use of committees, departments, and officers of the House; $3,725,000. REPORTING HEARINGS

For stenographic reports of hearings of committees other than special and select committees, $223,000, of which such amount as may be necessary may be transferred to the appropriation under this heading for the fiscal year 1964. SPECIAL A N D SELECT C O M M r n i i E S

For salaries and expenses of special and select committees authorized by the House, $3,965,500, of which such amount as may be necessary may be transferred to the appropriation under this heading for the fiscal year 1964. OFFICE OF THE COORDINATOR OF INFORMATION

For salaries and expenses of the Office of the Coordinator of Information, $117,890. TELEGRAPH A N D TELEPHONE

For telegraph and telephone service, exclusive of personal services, $2,400,000.

�


text:
Page:United States Statutes at Large Volume 78.djvu/583

 78 STAT. ]

PUBLIC LAW 88-454-AUG. 20, 1%4

541

STATIONERY (REVOLVING T U N D)

For a stationery allowance for each Member for the first session of the Eighty-ninth Congress, as authorized by law, $1,046,400, to remain available until expended. ATTENDING P H Y S I C I A N ' S OFFICE

For medical supplies, equipment, and contingent expenses of the emergency room and for the attending physician and his assistants, including an allowance of $1,500 to be paid to the attending physician in equal monthly installments as authorized by the Act approved June 27, 1940 (54 Stat. 629), and including an allowance of $75 per month each to five assistants as provided by the House resolutions adopted July 1, 1930, January 20, 1932, November 18, 1940, and May 21, 1959, and Public Law 242, Eighty-fourth Congress, $16,545.

^9 Stat. sii.

POSTAGE STAMP ALLOWANCES

Postage stamp allowances for the first session of the Eighty-ninth Congress, as follows: Postmaster, $400; Clerk, $800; Sergeant at Arms, $600; Doorkeeper, $500; airmail and special-delivery postage stamps for each Member, the Speaker, the majority and minority leaders, the majority and minority whips, and to each standing committee, as authorized by law; $228,550. FOLDING DOCUMENTS

For folding speeches and pamphlets, at a gross rate not exceeding $2.72 per thousand or for the employment of personnel at a gross rate not exceeding $2.04 per hour per person, $251,300. REVISION OF LAWS

For preparation and editing of the laws as authorized by 1 U.S.C. 202, 203, 213, $20,765, to be expended under the direction of the Committee on the Judiciary. S P E A K E R ' S AUTOMOBILE

For purchase, exchange, hire, driving, maintenance, repair, and operation of an automobile for the Speaker, $11,100. MAJORITY L E A D E R ' S AUTOMOBILE

For purchase, exchange, hire, driving, maintenance, repair, and operation of an automobile for the majority leader of the House, $11,100. MINORITY L E A D E R ' S AUTOMOBILE

For purchase, exchange, hire, driving, maintenance, repair, and operation of an automobile for the minority leader of the House, $11,100. N E W EDITION OF THE UNITED STATES CODE

For preparation of a new edition of the United States Code, $150,000, to be immediately available and to remain available until expended, and to be expended under the direction of the Committee on the Judiciary.

^^^'^'- "^^64o.

�


text:
Page:United States Statutes at Large Volume 78.djvu/584

 542

PUBLIC LAW 88-454-AUG. 20, 1964

[78 STAT.

NEW EDITION OF THE DISTRICT OF CX)LUMBIA CODE

For preparation of a new edition of the District of Columbia Code, $100,000, to remain available until expended, and to be expended under the direction of the Committee on the Judiciary. ADMINISTRATIVE PROVISION

Salaries or wages paid out of the items herein for the House of Representatives shall hereafter be computed at basic rates, plus increased and additional compensation, as authorized and provided by law. JOINT ITEMS For joint committees, as follows: JOINT COMMITTEE ON REDUCTION OF NONESSENTIAL FEDERAL EXPENDITURES

For an amount to enable the Joint Committee on Reduction of Nonessential Federal Expenditures to carry out the duties imposed upon it by section 601 of the Revenue Act of 1941 (55 Stat. 726), to remain available during the existence of the Committee, $29,750, to be disbursed by the Secretary of the Senate. CONTINGENT EXPENSES OF THE SENATE JOINT E C O N O M I C COMMITTEE

For salaries and expenses of the Joint Economic Committee, $235,000. JOINT COMMITTEE ON ATOMIC ENERGY

For salaries and expenses of the Joint Committee on Atomic Energy, $311,000. JOINT COMMITTEE ON PRINTING

For salaries and expenses of the Joint Committee on Printing, $131,000. CONTINGENT EXPENSES OF THE HOUSE JOINT COMMITTEE ON INTERNAL REVENUE TAXATION

For salaries and expenses of the Joint Committee on Internal Revenue Taxation, $344,440. JOINT COMMITTEE ON IMMIGRATION AND NATIONALITY POLICY

For salaries and expenses of the Joint Committee on Immigration and Nationality Policy, $20,000. JOINT COMMITTEE ON DEFENSE PRODUCTION

so use 1^^' 2061. ^^^'

For salaries and expenses of the Joint Committee on Defense Production as authorized by the Defense Production Act of 1950, as amended, $65,000.

�


text:
Page:United States Statutes at Large Volume 78.djvu/585

 78 STAT. ]

PUBLIC LAW 88-454-AUG. 20, 1964

543

For other joint items, as follows: (\\PITL PoucK (iENERAL EXPENSES For purchasing and supplying uniforms; the purchase, maintenance, and repair of police motor vehicles, including two-way police radio equipment; contingent expenses, including $25 per month for extra services performed for the Capitol Police Board by such member of the statf of the Sergeant at Arms of the Senate or the House, as may be designated by the Chairman of the Board; $36,700. CAPITOL POLICE BOARD To enable the Capitol Police Board to provide additional protection for the Capitol Buildings and Grounds, including the Senate and House Office Buildings and the Capitol Power Plant, $330,600. Such sum shall be expended only for payment of salaries and other expenses of personnel detailed from the Metropolitan Police of the District of Columbia, and the Commissioners of the District of Columbia are authorized and directed to make such details upon the request of the Board. Personnel so detailed shall, during the period detailed perof such detail, serve under the direction and instructions of the Board and are authorized to exercise the same authority as members of such Metropolitan Police and members of the Capitol Police and to perform such other duties as may be assigned by the Board. Reimburse- Reimbursement ment for salaries and other expenses of such detail personnel shall ment. ' ^°^^ "' be made to the government of the District of Columbia, and any sums so reimbursed shall be credited to the appropriation or appropriations from which such salaries and expenses are payable and shall be available for all the purposes thereof: Provided, That any person detailed under the authority of this paragraph or under similar authority in the Legislative Branch Appropriation Act, 1942, and the Second 6o^statr*408^^' Deficiency Appropriation Act, 1940, from the Metropolitan Police of 4o use 213a the District of Columbia shall be deemed a member of such Metro- ^"f."°*^.politan Police during the period or periods of any such detail for 54 Stat. 629. all purposes of rank, pay, allowances, privileges, and benefits to the same extent as though such detail had not been made, and at the termination thereof any such person who was a member of such police on July 1, 1940, shall have a status with respect to rank, pay, allowances, privileges, and benefits which is not less than the status of such person in such police at the end of such detail: Provided further That the Commissioners of the District of Columbia are directed to pay the detective captain detailed under the authority of this paragraph his salary as a detective captain plus $1,625 and such increases in basic compensation as may be subsequently provided by law so long as this position is held by the present incumbent and that the Commissioners of the District of Columbia are directed to pay the uniformed lieutenant detailed under the authority of this paragraph and serving as acting captain a salary of the rank of captain and such increases in basic compensation as may be subsequently provided by law and that the Commissioners of the District of Columbia are directed to pay the acting deputy chief of police detailed under the authority of this paragraph the salary of the rank of deputy chief of police plus $1,625 and such increases in basic compensation as may be subsequently provided by law so long as this position is held by the present incumbent. No part of any appropriation contained in this Act shall be paid as compensation to any person appointed after June 30, 1935, as an

�


text:
Page:United States Statutes at Large Volume 78.djvu/586

 544

PUBLIC LAW 88-454-AUG. 20, 1964

[78 STAT.

officer or member of the Capitol Police who does not meet the standards to be prescribed for such appointees by the Capitol Police Board: Provided, That the Capitol Police Board is hereW authorized to detail police from the House Office, Senate Office, and Capitol Buildings for police duty on the Capitol Grounds. EDUCATION OF PAGES

f^ic\ir'

For education of congressional pages and pages of the Supreme Court, pursuant to section 243 of the Legislative Reorganization Act, ^^^^'. $<95925, which amount shall be advanced and credited to the applicable appropriation of the District of Columbia, and the Board of Education of the District of Columbia is hereby authorized to employ such personnel for the education of pages as may be required and to pay compensation for such services in accordance with such rates of compensation as the Board of Education may prescribe. PENALTY M A I L COSTS

74^sta\!*66T' 39 USC 4167 and note.

For expenses necessary under section 2 of Public Law 286, Eighty^^^^^ Cougrcss, $4,723,000, to be available immediately. The foregoing amounts under "other joint items" shall be disbursed jjy ^j^g Clerk of the Housc. STATEMENTS OF APPROPRIATIONS

For the preparation, under the direction of the Committees on Appropriations of the Senate and House of Representatives, of the statements for the second session of the Eighty-eighth Congress, showing appropriations made, indefinite appropriations, and contracts authorized, together with a chronological history of the regular appropriation bills as required by law, $13,000, to be paid to the persons designated by the chairmen of such committees to supervise the work. ARCHITECT OF THE CAPITOL OFFICE OF THE ARCHITECT or

THE CAPITOL

SALARIES

Ante, p. 400.

For the Architect of the Capitol, Assistant Architect of the Capitol, and Second Assistant Architect of the Capitol, at salary rates of $20,700, $19,000, and $17,500 per annum, respectively^ and other personal services at rates of pay provided by law, $507,800: Provided, That wherevcr H.R. 11049, 88th Congress, as enacted into law establishes a specific rate of compensation for any position different from the rate specifically enumerated in this Act for such position, the rate in said H.R. 11049 shall prevail. Appropriations under the control of the Architect of the Capitol shall be available for expenses of travel on official business not to exceed in the aggregate under all funds the sum of $20,000. CONTINGENT

EXPENSES

To enable the Architect of the Capitol to make surveys and studies and to meet unforeseen expenses in connection with activities under his care, $50,000.

�


text:
Page:United States Statutes at Large Volume 78.djvu/587

 78 STAT. ]

PUBLIC LAW 88-454-AUG. 20, 1964

545

CAPITOL BUILDINGS AND GROUNDS CAPITOL B U I L D I N G S

For necessary expenditures for the Capitol Building and electrical substations of the Senate and House Office Buildings, under the jurisdiction of the Architect of the Capitol, including improvements, maintenance, repair, equipment, supplies, material, fuel, oil, waste, and appurtenances; furnishings and office equipment; special and protective clothing for workmen; uniforms or allowances therefor as authorized by the Act of September 1, 1954, as amended (5 U.S.C. 2131); personal and other services; cleaning and repairing works of art, without regard to section 3709 of the Revised Statutes, as amended; purchase or exchange, maintenance and operation of a passenger motor vehicle; purchase of necessary reference books and Periodicals; for expenses of attendance, when specifically authorized y the Architect of the Capitol, at meetings or conventions in connection with subjects related to work under the Architect of the Capitol, $1,624,300: Provided, That the unobligated balance of the appropriation under this head for the fiscal year 1964 is hereby continued available until June 30, 1965.

68 Stat. 1114. 41 USC 5.

77 Stat. 812.

EXTENSION OF THE CAPITOL

For an additional amount for "Extension of the Capitol", $125,000. CAPITOL G R O U N D S

For care and improvement of grounds surrounding the Capitol, the Senate and House Office Buildings, and the Capitol Power P l a n t; personal and other services; care of trees; planting; fertilizers; repairs to pavements, walks, and roadways; waterproof wearing apparel; mamtenance of signal lights; and for snow removal by hire of men and equipment or under contract without regard to section 3709 of the Revised Statutes, as amended; $740,000. LEGISLATIVE GARAGE

For maintenance, repairs, alterations, personal and other services, and all other necessary expenses, $52,000. The second proviso under the caption "Capitol garages" contained in Public Law 212, 72d Congress, approved June 30, 1932 (47 Stat. 391) is hereby amended to read as follows: '-''Provided further, That, effective July 1, 1965, the underground space in the north extension of the Capitol Grounds, known as the Legislative Garage shall hereafter be known as the Senate Garage and shall be under the jurisdiction and control of the Architect of the Capitol, subject to such regulations respecting the use thereof as may be promulgated by the Senate Committee on Rules and Administration: Provided further, That such regulations shall provide for the continued assignment of space and the continued furnishing of service in such garage for official motor vehicles of the House and the Senate and the Architect of the Capitol and Capitol Grounds maintenance equipment." SENATE OFFICE BUILDINGS

For maintenance, miscellaneous items and supplies, including furniture, furnishings, and equipment, and for labor and material incident thereto, and repairs thereof; for purchase of waterproof wearing apparel, and for personal and other services; including eight attendants

'*° ^^^ ^^^^*

�


text:
Page:United States Statutes at Large Volume 78.djvu/588

 546

68 Stat. 1114.

PUBLIC LAW 88-454-AUG. 20, 1964

at $1,800 each; for the care and operation of the Senate Office Buildings, including the subway and subway transportation systems connecting the Senate Office Buildings with the Capitol; uniforms or allowances therefor as authorized by the Act of September 1, 1954, as amended (5 U.S.C. 2131); to be expended under the control and supervision of the Architect of the Capitol; in all, $2,414,500: Provided, That the unobligated balance of the appropriation under this head for the fiscal year 1964 is hereby continued available until June 30, 1965, HOUSE OFFICE

41 USC 5.

[78 STAT.

BUILDINGS

For maintenance, including equipment; waterproof wearing apparel; uniforms or allowances therefor as authorized by the Act of September 1, 1954, as amended (5 U.S.C. 2131); prevention and eradication of insect and other pests without regard to section 3709 of the Revised Statutes, as amended; miscellaneous items; and for all necessary services; $3,230,000. ACQUISITION o r PROPERTY, C O N S T R U C T I O N, A N D EQUIPMENT, ADDITIONAL H O U S E OFFICE B U I L D I N G

40 USC 175 note.

To enable the Architect of the Capitol, under the direction of the House Office Building Commission, to continue to provide for the acquisition of property, construction, furnishing and equipment of an additional fireproof office building for the use of the House of Representatives, and other changes and improvements, authorized by the Additional House Office Building Act of 1955 (69 Stat. 41, 42), as amended, $8,000,000. CAPITOL POWER

PLANT

For lighting, heating, and power (including the purchase of electrical energy) for the Capitol, Senate and House Office Buildings, Supreme Court Building, Congressional Library Buildings, and the grounds about the same. Botanic Garden, legislative garage, and for air-conditioning refrigeration not supplied from plants in any of such buildings; for heating the Government Printing Office, Washington City Post Office, and Folger Shakespeare Library, reimbursement for which shall be made and covered into the Treasury; personal and other services, fuel, oil, materials, waterproof wearing apparel, and all other necessary expenses in connection with the maintenance and operation of the plant; $2,665,000. LIBRARY BUILDINGS AND GROUNDS STRUCTURAL AND MECHANICAL CARE

77 Stat. 814.

For necessary expenditures for mechanical and structural maintenance, including improvements, equipment, supplies, waterproof wearing apparel, and personal and other services, $2,382,200, of which not to exceed $20,000 shall be available for expenditure without regard to section 3709 of the Revised Statutes, as amended, and of which $1,180,000 shall remain available until expended: Provided, That the unobligated balance of the appropriation under this head for the fiscal year 1964 is hereby continued available until June 30, 1965. FURNITURE AND F U R N I S H I N G S

For furniture, partitions, screens, shelving, and electrical work pertaining thereto and repairs thereof, office and library equipment, apparatus, and labor-saving devices, $220,000.

�


text:
Page:United States Statutes at Large Volume 78.djvu/589

 78 STAT. ]

PUBLIC LAW 88-454-AUG. 20, 1964 BOTANIC

547

GARDEN

SAI^RIES AND EXPENSES

For all necessary expenses incident to maintaining?, operating, repairing, and improving the Botanic Garden and the nurseries, buildings, grounds, collections, and equipment pertaining thereto, including personal services; waterproof wearing apparel; not to exceed $25 for emergency medical supplies; traveling expenses, including bus fares, not to exceed $275; the prevention and eradication of msect and other pests and plant diseases by purchase of materials and procurement of personal services by contract without regard to the provisions of any other Act; purchase and exchange of motor trucks; purchase and exchange, maintenance, repair, and operation of a passenger motor vehicle; purchase of botanical books, periodicals, and books of reference, not to exceed $100; all under the direction of the Joint Committee on the Library; $500,000. LIBRARY O F CONGRESS SALARIES AND EXPENSES

For necessary expenses of the Library of Congress, not otherwise provided for, including development and maintenance of the Union Catalogs; custody, care, and maintenance of the Library Buildings; special clothing; purchase of a medium sedan for replacement at not to exceed $4,000; and expenses of the Library of Congress Trust Fund Board not properly chargeable to the income of any trust fund held by the Board, $10,626,000, together with $168,000 to be derived by transfer from the appropriation "Salaries and expenses, National Science Foundation", of which $18,000 shall be retransferred to the appropriation "Distribution of catalog cards, salaries and expenses." .;

.

.: K

COPYRIGHT OFFICE SALARIES AND EXPENSES

For necessary expenses of the Copyright Office, including publication of the decisions of the United States courts involving copyrights, $1,828,000. LEGISLATIVE REFERENCE SERVICE SALARIES AND

EXPENSES

For necessary expenses to carry out the provisions of section 203 of the Legislative Reorganization Act of 1946, as amended (2 U.S.C. 166), $2,245,000: Provided, That no part of this appropriation may be used to pay any salary or expense in connection with any publication, or preparation of material therefor (except the Digest of Public General Bills), to be issued by the Library of Congress unless such publication has obtained prior approval of either the Committee on House Administration or the Senate Committee on Rules and Administration. DISTRIBUTION OF CATAIXXS CARDS SALARIES AND EXPENSES

For necessary expenses for the preparation and distribution of catalog cards and other publications oi the Library, $3,554,800.

^o ^*^*- ^36.

�


text:
Page:United States Statutes at Large Volume 78.djvu/590

 548

PUBLIC LAW 88-454-AUG. 20, 1964 SALARIES AND

[78 STAT.

EXPENSES

For an additional amount for "Salaries and expenses, Distribution of Catalog Cards", $149,000, to remain available until June 30, 1965. BOOKS FOR THE GENERAL COLLECTIONS

For necessary expenses (except personal services) for acquisition of books, periodicals, and newspapers, and all other material for the increase of the Library, $670,000, to remain available until expended. BOOKS FOR THE L A W LIBRARY

For necessary expenses (except personal services) for acquisition of books, legal periodicals, and all other material for the increase of the law library, $110,000, to remain available until expended. BOOKS FOR THE B L I N D SALARIES AND EXPENSES 46 Stat. 1487; 71 Stat. 630.

For salaries and expenses to carry out the provisions of the Act approved March 3, 1931 (2 U.S.C. 135a), as amended, $2,446,000. ORGANIZING AND MICROFILMING THE PAPERS or THE PRESIDENTS SALARIES A N D E X P E N S E S

Vvsc'Jt"^' note.

For necessary expenses to carry out the provisions of the Act of August 16, 1957 (71 Stat. 368), $112,800, to remain available until expended. PRESERVATION OF MOTION PICTURES

For expenses necessary for the conversion of motion pictures now in the custody of the Library from nitrate film to safety base film, $50,000. COLLECTION

72 Stat. 1790.

AND

DISTRIBUTION or LIBRARY MATERIALS FOREIGN CURRENCY PROGRAM)

(SPECIAL

For necessary expenses for carrying out the provisions of section 104(n) of the Agricultural Trade Development and Assistance Act of 1954^ as amended (7 U.S.C. I 7 0 4 (n)), to remain available until expended, $1,541,500, of which $1,417,000 shall be available for payments in foreign currencies which the Treasury Department shall determine to be excess to the normal requirements of the United States: Provided, That this appropriation shall be available to reimburse the Department of State for medical services rendered to employees of the Library of Congress stationed abroad. ADMINISTRATIVE PROVISIONS

60 Stat. 810.

Appropriations in this Act available to the Library of Congress for salaries shall be available for expenses of investigating the loyalty of Library employees; special and temporary services (including employees engaged by the day or hour or in piecework); and services ag authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a). Not to exceed ten positions in the Library of Congress may be exempt from the provisions of appropriation Acts concerning the employment of aliens during the current fiscal year, but the Librarian

�


text:
Page:United States Statutes at Large Volume 78.djvu/591

 78 STAT. ]

PUBLIC LAW 88-454-AUG. 20, 1964

549

shall not make any appointment to any such position until he has ascertained that he cannot secure for such appointments a person i n any of the categories specified in such provisions who possesses the special qualifications for the particular position and also otherwise meets the general requirements for employment in the Library of Congress. GOVERNMENT PRINTING OFFICE PRINTING AND BINDING

For authorized printing and binding for the Congress; for printing and binding for the Architect of the Capitol; expenses necessary for preparing the semimonthly and session index to the Congressional Record, as authorized by law (44 U.S.C. 182); printing, binding, and 49 Stat. 1546. distribution of the Federal Register (including the Code of Federal Regulations) as authorized by law (44 U.S.C. 309, 311, 311a); and g/staS^^ass^^' printing and binding of Government publications authorized by law 77 stat! 343; to be distributed without charge to the recipients; $18,000,000: Pro- se Stat. 1045. vided^ That this appropriation shall not be available for printing and binding part 2 of the annual report of the Secretary of Agriculture (known as the Yearbook of Agriculture): Provided further, That this appropriation shall be available for the payment of obligations incurred under the appropriations for similar purposes for preceding fiscal years. OFFICE OF SUPERINTENDENT OF DOCUMENTS SALARIES A N D EXPENSES

For necessary expenses of the Office of Superintendent of Documents, including compensation of all employees in accordance with the Act entitled "An Act to regulate and fix rates of pay for employees and officers of the Government Printing Office", approved June 7, 1924 (44 U.S.C. 4 0); travel expenses (not to exceed $1,500); price lists and bibliographies; repairs toDuildings, elevators, and machinery; and supplying books to depository libraries; $5,562,000: Provided, That $200,000 of this appropriation shall be apportioned for use pursuant to section 3679 of the Revised Statutes, as amended (31 U.S.C. 665), with the approval of the Public Printer, only to the extent necessary to provide for expenses (excluding permanent personal services) for workload increases not anticipated in the budget estimates and which cannot be provided for by normal budgetary adjustments.

^3 Stat. ess.

GOVERNMENT PRINTING OFFICE REVOLVING F U N D

During the current fiscal year the Government Printing Office revolving fund shall be available for the hire of one passenger motor vehicle. S ELECTION OF S I T E A N D GENERAL P L A N S A N D DESIGNS OF BUILDINGS

For necessary expenses, for site selection and general plans and designs of buildings for the Government Printing Office, pursuant to the Public Buildings Act of 1959 (40 U.S.C. 602 et seq.), $2,500,000, 73 Stat. 479. to be available for transfer to the General Services Administration: Provided, That the selection of a site must be approved by the Joint Committee on Printing.

�


text:
Page:United States Statutes at Large Volume 78.djvu/592

 550

PUBLIC LAW 88-454-AUG. 20, 1964

[78 STAT.

GENERAL ACCOUNTING OFFKJE SALARIES AND E X P E N S E S

60 Stat. 810.

For necessary expenses of the General Accounting Office, including rental or lease of office space in foreign countries without regard to the provisions of section 3648 of the Revised Statutes, as amended (31 U.S.C. 529), and services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), $46,900,000. GENERAL PROVISIONS

SEC. 102. No part of the funds appropriated in this Act shall be used for the maintenance or care of private vehicles. SEC. 103. Whenever any office or position not specifically estab2\rs*c*6o\^*note ^J^hed by the Legislative Fay Act of 1929 is appropriated for herein or whenever the rate of compensation or designation of any position appropriated for herein is different from that specifically established for such position by such Act, the rate of compensation and the designation of the position, or either, appropriated for or provided herein, shall be the permanent law with respect thereto: Provided, That the provisions herein for the various items of official expenses of Members, officers, and committees of the Senate and House, and clerk hire for Senators and Members shall be the permanent law with respect thereto: Provided further, That the provisions relating to positions and salaries thereof carried in House Resolutions 393, 646, and 647 of the Eighty-eighth Congress shall be the permanent law with respect thereto: Provided further. That the provisions of House Resolutions 291, 531, 532, and 533 of the Eighty-eighth Congress shall be the permanent law with respect thereto. Capitol Police. gj,^^ ]^Q4 ^^^^ 'pj^g Xj^ of basic compensation of sergeants of the Capitol Police shall be $2,520 per annum, and the rate of basic compensation of lieutenants and special officers of the Capitol Police shall be $2,820 per annum. ^6 Stat! 695 (^) '^^^ secoud scutence of section 106(d) of the Legislative Branch Appropriation Act, 1963, is repealed. (c) Any member of the Capitol Police who by reason of the provision repealed by subsection (b) was receiving immediately prior to the effective date of this section, longevity compensation provided by 72 Stat. 453. section 105 of the I^egislative Branch Appropriation Act, 1959, shall, on and after such effective date, receive in lieu thereof a longevity increase under section 106(b) of the Legislative Branch Appropriation Act, 1963, in addition to any other such increases (not to exceed three) to which he may otherwise be entitled under such section. In computing the length of service of such member for the purpose of such other increases, only service performed subsequent to the date on which he began receiving longevity compensation in accordance with such section 105 shall be counted. (d) This section shall become effective on the first day of the month following the date of enactment of this Act. ^^^°Ill *° ^^^' 1^^- (^) Commencing with the semiannual period beginning Congress. on July 1, 1964, and ending on December 31, 1964, and for each semiannual period thereafter, the Secretary of the Senate and the Clerk of the House of Representatives shall compile, and, not later than sixty days following the close of the semiannual period, submit to the Senate and House of Representatives, respectively, and make available to the public, in lieu of the reports and information required by sections 60 to 63, inclusive, of the Revised Statutes, as amended (2 U.S.C. 102, 103, 104), and S. Res. 139, Eighty-sixth Congress, a report containing a detailed statement, by items, of the manner in which appro-

�


text:
Page:United States Statutes at Large Volume 78.djvu/593

 78 STAT. ]

PUBLIC LAW 88-454-AUG. 20, 1964

551

priations and other funds available for disbursement by the Secretary of the Senate or the Clerk of the House of Representatives, as the case may be, have been expended during the semiannual period covered by the report, including (1) the name of every person to whom any part of such appropriation has been paid, (2) if for anything furnished, the quantity and price thereof, (3) if for services rendered, the nature of the services, the time employed, and the name, title, and specific amount paid to each person, and (4) a complete statement of all amounts appropriated, received, or expended, and any unexpended balances. Such reports shall include the information contained in statements of accountability and supporting vouchers submitted to the General Accounting Office pursuant to the provisions of section 117(a) of the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 6 7 (a)). Reports required to be submitted to the Senate and the House ^^ ^*^*- ^37. " of Representatives under this section shall be printed as Senate and House documents, respectively. Section 117 of the Accounting and Auditing Act of 1950 (64 Stat. 837,31 U.S.C. 67) is amended as follows: By adding after the words "executive agency" in both places where it is used in subsection (b) the words "or the Architect of the Capitol" and by adding after the word "legislative" in the proviso the words "(other than the Architect of the Capitol)". By adding at the end thereof the following new subsection: "(c) The Comptroller General in auditing the financial trans- Audits. actions of the Architect of the Capitol shall make such audits at such times as he may deem appropriate. For the purpose of conducting such audits, the provisions of section 313 of the Budget and Accounting Act (42 Stat. 26; 31 U.S.C. 54) shall be applicable to the Architect of the Capitol. The Comptroller General shall report C(^^^es*s^ *° to the President of the Senate and to the Speaker of the House of Representatives the results of each such audit. All such reports shall be printed as Senate documents." (b) Commencing with the semiannual period beginning January 1, Reports to 1965 and for each semiannual period thereafter, the Architect of the °"^'Capitol shall compile and, not later than sixty days following the close of the semiannual period, submit to the Senate and the House of Representatives a report of all expenditures made from monies appropriated to the Architect of the Capitol, based on payrolls and other vouchers transmitted during such period to the Treasury Department for disbursement, such report to include (1) the name, title, and gross salary payment to each employee; (2) a list of government contributions to retirement, health, insurance, and other similar funds; and (3) name of payee, brief description of service rendered or items furnished under contract, purchase order or other agreement. Such report shall be printed as a Senate document. This Act may be cited as the "Legislative Branch Appropriation ^^°''^ ""*• Act, 1965". Approved August 20, 1964. 31-667 0-65—38

�


text:
Page:United States Statutes at Large Volume 78.djvu/594

 552

PUBLIC LAW 88-455-AUG. 20, 1964

[78 STAT.

Public Law 88-455 August 20, 1964 AN ACT [S. 1057] rpQ promote the calise of criminal justice by providing for the representation of defendants who are financially unable to obtain an adequate defense in criminal cases in the courts of the United States.

Be it enacted by the Senate and House of Re^jresentatives of the Ac^'^oT^'o^e"^"^"''^ C-^ni^ec? States of America in Congress assembled, That this Act maybe cited as the "Criminal Justice Act of 1964." SEC. 2, Title 18 of the United States Code is amended by adding immediately after section 3006 the following new section: "§ 3006A. Adequate representation of defendants "(a) CHOICE or PLAN.—Each United States district court, with the approval of the judicial council of the circuit, shall place in operation throughout the district a plan for furnishing representation for defendants charged with felonies or misdemeanors, other than petty 62 Stat. 684. offenses as defined in section 1 of this title, who are financially unable to obtain an adequate defense. Representation under each plan shall include counsel and investigative, expert, and other services necessary to an adequate defense. The provision for counsel under each plan shall conform to one of the following: "(1) Representation by private attorneys; "(2) Representation by attorneys furnished by a bar association or a legal aid agency; or " (3) Representation according to a plan containing a combination of the foregoing. Prior to approving the plan for a district, the judicial council of the circuit shall supplement the plan with provisions for the representation on appeal of defendants financially unable to obtain representation. Consistent with the provisions of this section, the district court may modify a plan at any time with the approval of the judicial council of the circuit; it shall modify the plan when directed by the judicial council of the circuit. The district court shall notify the Administrative Office of the United States Courts of modifications in its plan. "(b) APPOINTMENT or COUNSEL.—In every criminal case in which the defendant is charged with a felony or a misdemeanor, other than a petty offense, and appears without counsel, the United States commissioner or the court shall advise the defendant that he has the right to be represented by counsel and that counsel will be appointed to represent him if he is financially unable to obtain counsel. Unless the defendant waives the appointment of counsel, the United States commissioner or the court, if satisfied after appropriate inquiry that the defendant is financially unable to obtain counsel, shall appoint counsel to represent him. The United States commissioner or the court shall appoint separate counsel for defendants who have such conflicting interests that they cannot properly be represented by the same counsel, or when other good cause is shown. Counsel appointed by the United States commissioner or a judge of the district court shall be selected from a panel of attorneys designated or approved by the district court. " (c) DURATION AND SUBSTITUTION OF APPOINTMENTS.—A defendant

for whom counsel is appointed shall be represented at every stage of the proceedings from his initial appearance before the United States commissioner or court through appeal. If at any time after the appointment of counsel the court having jurisdiction of the case finds that the defendant is financially able to obtain counsel or to make partial payment for the representation, he may terminate the appointment of counsel or authorize payment as provided in subsection (f),

�


text:
Page:United States Statutes at Large Volume 78.djvu/595

 78 STAT. ]

553

PUBLIC LAW 88-455-AUG. 20, 1964

as the interests of justice may dictate. If at any stage of the proceedings, including an appeal, the court having jurisdiction of the case finds that the defendant is financially unable to pay counsel whom he had retained, the court may appoint counsel as provided in subsection (b) and authorize payment as provided in subsection (d), as the Substitution of interests of justice may dictate. The United States commissioner or counsel. the court may, in the interests of justice, substitute one appointed counsel for another at any stage of the proceedings. " (d) PAYMENT FOR REPRESENTATION.—An attorney appointed pursuant to this section, or a bar association or legal aid agency which made an attorney available for appointment, shall, at the conclusion of the representation or any segment thereof, be compensated at a rate not exceeding $15 per hour for time expended in court or before a United States commissioner, and $10 per hour for time reasonably expended out of court, and shall be reimbursed for expenses reasonably incurred. A separate claim for compensation and reimbursement shall be made to the district court for representation before the United States commissioner or that court, and to each appellate court before which the attorney represented the defendant. Each claim shall be supported by a written statement specifying the time expended, services rendered, and expenses incurred while the case was pending before the United States commissioner or court, and the compensation and reimbursement applied for or received in the same case from any other source. The court shall, in each instance, fix the compensation and reimbursement to be paid to the attorney, bar association or legal aid agency. For representation of a defendant before the United States commissioner and the district court, the compensation to be paid to an attorney, or to a bar association or legal aid agency for the services of an attorney, shall not exceed $500 in a case in which one or more felonies are charged, and $300 in a case in which only misdemeanors are charged. In extraordinary circumstances, payment Payment in in excess of the limits stated herein may be made if the district court certifies that such payment is necessary to provide fair compensation for protracted representation, and the amount of the excess payment is approved by the chief judge of the circuit. For representation of a Repre sentation defendant in an appellate court, the compensation to be paid to an in appellate attorney, or to a bar association or legal aid agency for the services of an attorney, shall in no event exceed $600 in a felony case and $300 in a case involving only misdemeanors. "(e)

SERVICES OTHER T H A N COUNSEL.—Counsel for

a defendant

who is financially unable to obtain investigative, expert, or other services necessary to an adequate defense in his case may request them in an ex parte application. Upon finding, after appropriate inquiry in an ex parte proceeding, that the services are necessary and that the defendant is financially unable to obtain them, the court shall authorize counsel to obtain the services on behalf of the defendant. The court may, in the interests of justice, and upon a finding that timely procurement of necessary services could not await prior authorization, ratify such services after they have been obtained. The court shall determine reasonable compensation for the services and direct payment to the organization or person who rendered them upon the filing of a claim for compensation supported by an affidavit specifying the time expended, services rendered, and expenses incurred on b ^ a l f of the defendant, and the compensation received in the same case or for the same services from any other source. The compensation to be paid to a person for such service rendered by him to a defendant under this subsection, or to be paid to an organization for such services rendered by an employee thereof, shall not exceed $300, exclusive of reimbursement for expenses reasonably incurred.

�


text:
Page:United States Statutes at Large Volume 78.djvu/596

 554

Reports.

"District court.*'

28 USC 81' 144. Submission of plans.

PUBLIC LAW 88-456-AUG. 20, 1964

[78 STAT.

"(f) RECEIPT OF OTHER PAYMENTS.—Whenever the court finds that funds are available for payment from or on behalf of a defendant, the court may authorize or direct that such funds be paid to the appointed attorney, to the bar association or legal aid agency which made the attorney available for appointment, to any person or organization authorized pursuant to subsection (e) to render investigative, expert, or other services, or to the court for deposit in the Treasury as a reimbursement to the appropriation, current at the time of payment, to carry out the provisions of this section. Except as so authorized or directed, no such person or organization may request or accept any payment or promise of payment for assisting in the representation of a defendant. " (g) RULES AND REPORTS.—Each district court and judicial council of a circuit shall submit a report on the appointment of counsel within its jurisdiction to the Administrative Office of the United States Courts in such form and at such times as the Judicial Conference of the United States may specify. The Judicial Conference of the United States may, from time to time, issue rules and regulations governing the operation of plans formulated under this section. " (h) APPROPRIATIONS.—There are authorized to be appropriated to the United States courts, out of any money in the Treasuri^ not otherwise appropriated, sums necessary to carry out the provisions of this section. When so specified in appropriation acts, such appropriations shall remain available until expended. Payments from such appropriations shall be made under the supervision of the Director of the Administrative Office of the United States Courts. "(i) DISTRICTS INCLUDED.—The term 'district court' as used in this section includes the District Court of the Virgin Islands, the District Court of Guam, and the district courts of the United States created by chapter 5 of title 28, United States Code." SEC. 3. Each district court shall within six months from the date of this enactment submit to the judicial council of the circuit a plan formulated in accordance with section 2 and any rules and regulations issued thereunder by the Judicial Conference of the United States. Each judicial council shall within nine months from the date of this enactment approve and transmit to the Administrative Office of the United States Courts a plan for each district in its circuit. Each district court and court of appeals shall place its approved plan in operation within one year from the date of this enactment. SEC. 4. The table of sections at the head of chapter 201 of title 18 of the United States Code is amended by adding immediately after item 3006 the following: "3006A. Adequate representation of defendants." Approved August 20, 1964.

Public Law 88-456 August 20, 1964 [H. R. 1713]

Irrigation charges. Approval of cancellation.

AN ACT To approve an order of the Secretary of the Interior canceling irrigation charges against non-Indian-owned lands under the Klamath Indian irrigation project, Oregon, and for other purposes.

Be it emvcted by the Senate and House of Representatives of the United States of America in Congress assembled, That in accordance with the Act of June 22, 1936 (49 Stat. 1803, 25 U.S.C. 389), the order of the Secretary of the Interior canceling $401,440.55 of reimbursable irrigation costs and any accrued interest thereon chargeable to lands in the Klamath Indian irrigation project is approved. Approved August 20, 1964.

�


text:
Page:United States Statutes at Large Volume 78.djvu/597

 78 STAT.]

PUBLIC LAW 88-457-AUG. 20, 1964

555

Public Law 88-457 AN ACT To provide fox* the disposition of the funds arising? from a judgment in favor of the Shawnee Tribe or Nation of Indians.

Be it etmcted by the Seriate 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 Shawnee Tribe or Nation that were appropriated by the Act of September 30, 1961 (75 Stat. 7eS3), to pay a judgment that was obtained by the tribe or nation in the Indian Claims Commission for inadequate compensation for lands ceded to the United States under the treaty of May 10, 1854 (10 Stat. 1053), and the interest thereon, shall be divided on the basis of 514/1378ths to the Absentee Band of Shawnee Indians of Oklahoma; 747/1378ths to the Cherokee Band of Shawnee Indians of Oklahoma; and 117/1378ths to the Eastern Band of Shawnee Indians of Oklahoma, after payment of attorney fees and expenses of litigation. SEC. 2. The funds placed to the credit of the Absentee and the Eastern Bands of Shawnee Indians in the United States Treasury, and the interest thereon may be advanced or expended for any purpose and in such manner as the respective tribal governing bodies authorize and the Secretary of the Interior approves. SEC. 3. For the purpose of determining individual interests in the funds placed to the credit of the Cherokee Band of Shawnee Indians pursuant to section 1 of this Act, the Secretary shall prepare a new roll based on the roll of Cherokee Shawnees prepared in accordance with the Act of March 2, 1889 (25 Stat. 994). Eligible for inclusion on this new payment roll shall be all persons living on the date of this Act (a) who are, themselves, listed on the 1889 roll and (b) who are direct lineal descendants of persons listed on the 1889 roll. The Secretary may promulgate such rules and regulations as he considers necessary to carry out the purposes of this section. SEC. 4. When the roll prepared pursuant to section 3 above has been completed and finally approved, the Secretary shall withdraw from the Treasury the funds placed to the credit of the Cherokee Band of Shawnee Indians in accordance with section 1 of this Act, together with the interest accumulated thereon, and shall distribute them in equal per capita shares to persons whose names appear on the roll: Provmed^ That no person who receives a per capita payment from funds credited to the Cherokee Band of Shawnee Indians shall be permitted to share in any per capita distribution of the funds credited to the Absentee and Eastern Bands of Shawnee Indians. SEC. 5. (a) Except as provided in subsection (b) of this section, the Secretary shall distribute a per capita share payable to a living enrollee directly to such enrollee, and the Secretary shall distribute a per capita share payable to a deceased enrollee directly to his next of kin or legatees upon proof of death and inheritance satisfactory to the Secretary, whose findings upon such proof shall be final and conclusive. (b) 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 determines will adequately protect the best interests of such persons.

August 20, 1964 [H. R. 8834]

Indians. Shawnee Tribe. Disposition of funds.

Payment roll.

Distribution.

�


text:
Page:United States Statutes at Large Volume 78.djvu/598

 556 T a x exemption. Costs.

PUBLIC LAW 88-458-AUG. 20, 1964

[78 STAT.

SEC. 6. No part of any of the funds distributed in accordance with this Act shall be subject to Federal or State income tax. SEC. 7. AH costs incurred by the Secretary in the preparation of the roll and in the payment of the per capita shares in accordance with the provisions of this Act shall be paid by withdrawals from the judgment fund of the appropriate band. SEC. 8. The Secretary of the Interior is authorized to prescribe rules and regulations to carry out the provisions of this Act. Approved August 20, 1964. Public Law 88-458

August 20, 1964 [H. R. 6128]

D. C. life insurance c o m p a n i e s. Record of stockholders. 48 Stat. 1147.

AN ACT To amend section 15 of the Life Insurance Act to permit any stock life insurance company in the District of Columbia to maintain its record of stockholders at its principal place of business in the District of Columbia or at the oflSce of its designated stock transfer agent in the District of Columbia, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 15 of the Life Insurance Act (D.C. Code, sec. 35-515) is amended to read as follows: " SEC. 15. CAPITAL-STOCK RECORD.—It shall be the duty of the directors of every domestic stock company to cause a record to be kept by the treasurer or secretary of the company or by the stock transfer agent of the company containing the names of all persons, alphabetically arranged, who are or shall within six years have been stockholders of such company, and showing their place of residence, the number of shares of capital stock held by them, respectively, the time when they became owners of such shares, and the amount of capital stock actually paid in. "Such record shall, during the usual business hours of the day, on every business day, be open for inspection by policyholders, stockholders, creditors of the company, and the personal representatives of such policyholders, stockholders, and creditors at the office or principal place of business of such company in the place where its business operations shall be located in the District of Columbia, or at the office of the stock transfer agent located in the District of Columbia, and any policyholder, stockholder, creditor, or representative shall have a right to make extracts from such record. "Such record shall be presumptive evidence of the facts therein stated in favor of the plaintiff in any suit or proceeding against such company or against any one or more stockholders. "Every officer, stock transfer agent, or any other agent of any company who shall neglect to make any proper entry in such record, or shall refuse or neglect to exhibit the same, or allow the same to be inspected and extracts to be taken therefrom, as herein provided, shall be deemed guilty of a misdemeanor and the company shall pay to the party injured a penalty of $50 for any such neglect or refusal, and all damages resulting therefrom. "Every company that shall neglect to have such record kept open for inspection, as herein provided, shall forfeit to the District the sum of $50 for every day it shall so neglect, to be sued for and recovered by the Superintendent, the Corporation Counsel representing him, in the United States District Court for the District of Columbia." Approved August 20, 1964.

�


text:
Page:United States Statutes at Large Volume 78.djvu/599

 78 STAT. ]

PUBLIC LAW 88-459-AUG. 20, 1964

557

Public Law 88-459 AN ACT

To authorize Government agencies to provide quarters and facilities to civilian officers and employees of the Government, and for other purposes.

August 20, 1964 rS 18331

LJ

i

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, for the pur- ggg^"^^""^^ empioypOSeS o f t h i s Act

Quarters and

(1) "Government" means the Government of the United States ^^f^^i^^^f; ,''.•'

.

of America. (2) "agency" means— (A) each executive department of the Government; (B) each agency or independent establishment in the executive branch of the Government; (C) each corporation owned or controlled by the Government, except the Tennessee Valley Authority; and (D) the General Accounting Office. (3) "employee" means a civilian officer or employee of an agency. (4) "United States" means the several States of the United States of America, the District of Columbia, the territories and possessions of the United States, and the Commonwealth of Puerto Rico. (5) "quarters" means quarters owned or leased by the Government. (6) "facilities" means household furniture and equipment, garage space, utilities, subsistence, and laundry service. (7) "member" and "uniformed services" have the meanings given them by section 101 of title 37, United States Code. SEC. 2. Whenever conditions of employment or of availability of quarters warrant such action, the head of each agency may provide, directly or by contract, any employee stationed in the United States, with quarters and facilities. SEC. 3. Rental rates for quarters provided for an employee under section 2 of this Act or occupied on a rental basis by an employee or a member of the uniformed services under any other provision of law, and charges for facilities made available in connection with the occupancy of such quarters, shall be based on the reasonable value of the quarters and facilities to the employee or the member of the uniformed services concerned, in the circumstances under which the quarters and facilities are provided, occupied, or made available. The amounts of such rates and charges shall be paid by, or deducted from the salary of, such employee or member of the uniformed services, or otherwise charged against him in accordance with law. The amounts of payroll deductions for such rates and charges shall remain in the applicable appropriation or fund, but, whenever payment of such rates and charges is made by any other method, the amounts of payment shall be credited to the Government as provided by law. SEC. 4. Whenever, as an incidental service in support of a program of the Government, any quarters and facilities are provided, by appropriate authority of the Government, to any person other than an employee or a member of the uniformed services, the rates and charges therefor shall be determined in accordance with this Act. The amounts of the payments of such rates and charges shall be credited to the Government as provided by law. SEC. 5. An employee or a member of the uniformed services shall not be required to occupy quarters on a rental basis unless the head of the agency concerned shall determine that necessary service cannot

Definitions.

^^ ^*^*- ^^i.

Cental rates.

�


text:
Page:United States Statutes at Large Volume 78.djvu/600

 558

Regulations.

Repeal. Effective date.

PUBLIC LAW 88-460-AUG. 20, 1964

[78 STAT.

be rendered, or that property of the Government cannot adequately be protected, otherwise. SEC. 6. The President may issue regulations governing the provision, occupancy, and availability of quarters and facilities, the determination of rates and charges therefor, and other related matters, as are necessary and appropriate to carry out the provisions of this Act. The head of each agency may prescribe and issue such regulations, not inconsistent with the regulations of the President, as may be necessary and appropriate to carry out the functions of such agency head under this Act. SEC. 7. Section 3 of this Act shall not be held or considered to repeal or modify any provision of law authorizing the provision of quarters or facilities, either without charge or at rates or charges specifically fixed by law. gj,^. 8. Section 3 of the Act of March 5, 1928 (45 Stat. 193; 5 U.S.C. 7oa), is hereby repealed. SEC. 9. The foregoing provisions of this Act shall become effective on the sixtieth day following the date of enactment of this Act. Approved August 20, 1964. Public Law 88-460

August 20, 1964 AN ACT [H. R. 6350] rjQ aiueiid the Act entitled "An Act for the regulation of the practice of dentistry in the District of Columbia, and for the protection of the people from empiricism in relation thereto", approved June 6, 1892, as amended.

D.C. Dental hygien-

isrsTi'i^'ensfng!" 54 Stat. 722.

Ti?if'ia°'^* app.

Be It enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 24 of the Act entitled "An Act for the regulation of the practice of dentistry in the District of Columbia, and for the protection of the people from empiricism in relation thereto", approved June 6, 1892 (27 Stat. 42), as amended (sec. 2-324, D.C. Code, 1961 edition), is amended by adding the following sentence at the end thereof: "The Board of Dental Examiners may, in its discretioUj waive the theoretical examination and issue a license to any applicant who holds a certificate from the National Board of Dental Examiners: Provided, That such applicant shall pass a practical examination given by the Board of Dental Examiners: Provided further, That in exercising its discretion to waive theoretical examinations the Board of Dental Examiners shall satisfy itself that the examination given by the National Board of Dental Examiners was as comprehensive as that required in the District of Columbia." SEC. 2. The foregoing amendment of said Act of June 6, 1892, as amended, shall not be considered as affecting the authority vested in the Board of Commissioners of the District of Columbia by Reorganization Plan Numbered 5 of 1952 (66 Stat. 824), and the performance of any function vested by said plan in the Board of Commissioners or in any office or agency under the jurisdiction and control of said Board of Commissioners shall continue to be subject to delegation by said Board of Commissioners in accordance with section 3 of such plan. Any function vested by this amendatory Act in any agency established pursuant to such plan shall be deemed to be vested in said Board of Commissioners and shall be subject to delegation in accordance with said plan. Approved August 20, 1964.

�


text:
Page:United States Statutes at Large Volume 78.djvu/601

 78 STAT. ]

559

PUBLIC LAW 88-462-AUG. 20, 1964

Public Law 88-461 AN ACT To convey certain federally owned land to the Cherokee Tribe of Oklahoma. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all the right, title, and interest of the United States in the following described land comprising 40 acres, more or less, heretofore set aside for school purposes, are hereby conveyed to the Cherokee Indian Tribe of Oklahoma, and such land shall not be subject to any exemption from taxation, or restriction on use, management, or disposition, because of Indian ownership: North half southeast quarter northeast quarter, and that part of the northeast quarter northeast quarter lying south of United States Highway Numbered 62, section 20, township 16 north, range 22 east, Indian meridian, Oklahoma. SEC. 2. The Indian Claims Commission is directed to determine in accordance with the provisions of section 2 of the Act of August 13, 1946 (60 Stat. 1050), the extent to which the value of the lands conveyed under the authority of this Act should or should not be set off against any claim against the United States determined by the Commission subsequent to the conveyance. Approved August 20, 1964.

August 20, 1964 [H. R. 6496]

Indians. Cherokee Tribe of Okla. Land convey-

25 USC 70a.

Public Law 88-462 AN ACT To provide for the relocation and restablishment of the village of Sil Murk and of the members of the Papago Indian Tribe inhabiting the village of Sil Murk, and for other purjwses.

August 20, 1964

[H. R. II329]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary Indians. Tribe. Papago of the Interior is authorized to receive and hold in trust for the Sil Murk village Papago Tribe an amount of $269,500 out of funds available for the relocation Painted Rock Dam and Reservoir project to be used solely for the relocation and restablishment of the village of Sil Murk, and its inhabitants, including the purchase of a replacement site, construction of community facilities, and other improvements: Provided, That title to the replacement site and such community facilities shall be held by the United States of America in trust for the Papago Indian Tribe: Provided further, That said funds held by the Secretary of the Interior in trust for the Papago Tribe shall be expended in accordance with plans approved by the Secretary of the Interior. SEC. 2. As a condition of the payment authorized in section 1 for the relocation of the village of Sil Murk, the individuals who may assert an interest in the improvements in the village and the Papago Tribe shall, by appropriate resolution and deed, quitclaim and release to the United States whatever interest the tribe and the individuals may have in the site of the present village of Sil Murk. SEC. 3. There is authorized to be appropriated not to exceed $269,500 to carry out the provisions of this Act. Approved August 20, 1964,

�


text:
Page:United States Statutes at Large Volume 78.djvu/602

 560

PUBLIC LAW 88-463-AUG. 20, 1964

[78 STAT.

Public Law 88-463 August 20, 1964

^^' ^^^^

Indians• Rosebud Sioux Reservation, S. Dak. L and s in trust.

-^N ACT

To place in trust status certain lands on the Rosebud Sioux Reservation in South Dakota.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all the right, title, and interest in and to the following described tracts of land and the improvements thereon on the Rosebud Sioux Reservation in South Dakota, purchased by the United States with funds derived from the "Indian moneys, proceeds of labor. Rosebud School" account, shall hereafter be held by the United States in trust for the benefit of the Rosebud Sioux Tribe of South Dakota. Land description

Tract I-BIA-107

Acres

T. 38 N., R. 29 W., 6th P.M. L-4 L-5 L-6 L-7

Sec. Sec. Sec. Sec.

5, 6, 6, 6,

SW>4 SE>i Lots 6, 7, EKSW>i Lots 3, 4, 5, SE>mW>^

160.0 160.0 149. 51 147. 09

T. 38 N., R. 30 W., 6th P.M. L-9 L-10 L-U L-12 L-13 L-14 L-15 L-16 L-17 L-18 L-19 L-20 L-21 L-22 L-23 L-25 L-26 L-27 L-28 L-29 L-30 L-31 lf-35

L-37 L-38 L-39 L-40

Sec. 2, Lots 3, 4, SMNW>1, SW>^ Sec. 2, Lots 1, 2, SViNEyi Sec. 3, Lots 1, 2, SJ-'zNE^i Sec. 3, SE>i Sec. 3, Lots 3, 4, SKNW}^, SW>^ Sec. 4, Lots 1, 2, 3, 4, SHNW>^, S/zNEK Sec. 5, Lots 1, 2, S/zNE}^ Sec. 5, SE>i Sec. 5, SW>4 Sec. 6, Lots 1, 2, SyzNE}^ Sec. 6, SE>^ Sec. 7, SE>i Sec. 7, Lots 3, 4, EKSW>i Sec. 8, SK Sec. 9, NE>i Sec. 9, 'NWM Sec. 10, NE>^ Sec. 10, SE>^ Sec. 10, NW>i Sec. 11, SE>4 Sec. 11, NW>i Sec. 12, NW>^ Sec. 17, NWK Sec. 18, SE^i Sec. 18, All of lots 1, 2, EMNW>i, NE>i, lying north of old U.S. Highway No. 18 Sec. 21, EM Sec. 21, Wy2

321. 64 160. 47 161. 95 160.0 321. 36 323. 50 161. 69 160.0 160.0 158. 85 160.0 160.0 151. 29 320.0 160.0 160.0 160.0 160.0 160.0 160.0 160.0 160.0 160.0 160.0

261.0 320.0 320.0

�


text:
Page:United States Statutes at Large Volume 78.djvu/603

 78 STAT.]

PUBLIC LAW 88-463-AUG. 20, 1964 Land description

Tract I-BIA-107

561 Acres

T. 39 N., R. 30 W., 6th P.M. L-42 L-43 L-44 L-47 L-48 L-49 L-50 L-51 L-52 L-53 L-54 L-55 L-56

Sec. 26, SW>i, except that part lying north of U.S. Highway No. 18 Sec. 27, SEYA, except that part lying north of U.S. Highway No. 18 Sec. 28, W>^SEi4SWK, except the S>^NE>4NE>4NW>4 SEYS^WYA, and NHSEi4NE>^NW>^SE>iSW>i containing 0.3125 acre each Sec. 32, All of the N>^ lying south of U.S. Highway No. 18 Sec. 32, All of the S>^ lying south of U.S. Highway No. 18 \Sec. 33, NE>4, S>^NW>i W^NE^^NW^i, SE>4NE>^ / NW>i, NW>4NW>4 Sec. 34, NEYA

Sec. 34, SE>^ Sec. 34, SWYi Sec. 35, WYi Sec. 35, EY2 Sec. 36, N E ^ except that part lying north of U.S. Highway No. 18i

49.3 72. 1 19. 375 189.6 312. 67 310.0 160.0 160.0 160.0 320.0 320.0 104.8

T'. 38 N., R. 32 W., 6th P.M. L-73

Sec. 1, Lots 3, 4, S>^NW>^

16L8

T. 36 N., R. 32 W., 6th P.M. L-74 L-75 L-76

Sec. 12, W/2NEY4 Sec. 12, E>^NW>^, S^^NEJ^ Sec. 12, WHNWK and Sec. 1, Lots 1, 2, N/zSW^i SW>iSW>i Total

80.0 160.0 260. 34

8, 838. 335

SEC. 2. That all the right, title, and interest in and to the following described tracts of land and the improvements thereon on the Rosebud Sioux Reservation in South Dakota, shall hereafter be held by the United States in trust for the benefit of the Rosebud Sioux Tribe of South Dakota:

�


text:
Page:United States Statutes at Large Volume 78.djvu/604

 562

PUBLIC LAW 88-463-AUG. 20, 1964 Tract I-BIA-107

[78

Description

STAT.

Acres

T. 38 N., R. 30 W., 6th P.M. L-32 L-33 L-34 L-36

Sec. Sec. Sec. Sec.

16, 8% 17, NEYi 17, SE^ 17, SW%

320.0 160.0 160.0 160.0

T. 39 N., R. 29 W., 6th P.M. L-41

40.0

Sec. 18, NE>^SW>4 T. 39 N,, R. 30 W., 6th P.M.

L-45

40.0

Sec. 28, SW>4SW>4 T. 42 N., R. 33 W., 6th P.M.

L-68

320.0

Sec. 35, Eyi T. 37 N., R. 30 W., 6th P.M.

L-71

40.0

Sec. 30, NEJ4SEK T. 36 N., R. 32 W., 6th P.M.

L-77 L-78

40.0 60.0

Sec. 1, SEYiSWYi Sec. 1, WViWyiSWyiSEYi, E/2EKSW>iSE^ SE>4SE>^ T. 36 N., R. 31 W., 6th P.M.

1^97

35.01

Sec. 6, Lot 6 Total

25 USC 70a.

1, 375. 01

-

--

SEC. 3. That all the right, title, and interest in and to the south half section 9, township 38 north, range 30 west, sixth principal meridian, containing 281.91 acres, more or less (Bureau of Indian Affairs reference: Tract 1-BIA-107-L-24), on the Rosebud Sioux Reservation in South Dakota, purchased by the United States with funds derived from the "Indian moneys, proceeds of labor, Rosebud School" account, shall hereafter be held by the United States in trust for the benefit of the Rosebud Sioux Tribe of South Dakota. SEC. 4. This conveyance is subject to all valid existing rights-of-way of record and subject to that certain proposed right-of-way for sewer purposes to the United States Public Health Service on which construction was authorized by the Superintendent, Rosebud Agency, on July 31, 1962. SEC. 5. The Indian Claims Commission is directed to determine in accordance with the provisions of section 2 of the Act of August 13, 1946 (60 Stat. 1050), the extent to which the value of the title conveyed by this Act should or should not be set off against any claim against the United States determined by the Commission. Approved August 20, 1964.

�


text:
Page:United States Statutes at Large Volume 78.djvu/605

 78 STAT. ]

PUBLIC LAW 88-464-AUG. 20, 1964

563

Public Law 88-464 AN ACT To authorize the Secretary of Interior to prepare a roll of persons eligible to receive funds from an Indian Claims Commission judgment in favor of the Snake or Paiute Indians of the former Malheur Reservation in Oregon, to prorate and distribute such funds, and for other purposes.

August 20, 1964 [H. R. 8080]

Be it enacted by the Senate and House of Representatmen of the United States of America in Congress assembled, That the Secretary gnt^roV Paiute of the Interior shall prepare a roll of the persons of Snake or Paiute Tribe, pryme"" * Indian ancestry who meet the following requirements for eligibility: 'oH(1) They were born on or prior to and living on the date of this Act; and (2) they were members of or are lineal descendants of members of the bands whose chiefs and headmen We-you-we-wa (Wewa), Gaha-nee, E-hi-gant ( E g a n), Po-nee, Chaw-wat-na-nee, Owits (Oits), and Tash-e-go, signed the unratified Treaty of December 10, 1868; and (3) they do not elect to participate as beneficiaries of any awards granted in the docket numbered 87 claim of the Northern Paiute Nation. Applications for enrollment must be filed with the area director of the Bureau of Indian Affairs, Portland, Oregon, within nine months after the date of this Act on forms prescribed for that purpose. The determination of the Secretary regarding utilization of available rolls or records and the eligibility for enrollment of an applicant shall be final. SEC. 2. The Secretary is authorized and directed to withdraw the funds on deposit in the Treasury of the United States to the credit of the Snake or Paiute Tribe that were appropriated by the Act of April 13, 1960 (74 Stat. 42), in satisfaction of a j u d ^ e n t that was obtained by the tribe in the Indian Claims Commission against the United States in docket numbered 17 together with the interest accrued thereon, after payment of attorney fees and expenses, as well as all other expenses, and to prorate such funds among those persons whose names appear on the roll prepared pursuant to section 1 of this Act for distribution as hereinafter provided. SEC. 3. The Secretary shall distribute shares payable to living persons enrolled pursuant to section 1 of this Act and shares payable to the heirs or legatees of deceased persons enrolled pursuant to section 1 of this Act according to rules and regulations which he shall prescribe, taking into account that in some instances a planned individual or group program for the use of shares may more properly serve the long-term interest of the enrollees than would a direct, unsupervised per capita payment. The funds so distributed shall not be subject to Federal or State income tax. SEC. 4. All costs incurred by the Secretary in the preparation of the rolls and in the distribution of payment of pro rata shares in accordance with the provisions of this Act shall be paid by appropriate withdrawals from the judgment fund. SEC. 5. The Secretary of the Interior is authorized to prescribe rules and regulations to carry out the provisions of this Act. Approved August 20, 1964.

�


text:
Page:The Eurypterida of New York Volume 1.pdf/176

 preabdomen, since the latter is here only as long as the carapace, while in the resulting adult it is longer by one fourth.

The postabdomen in the young exhibits its usual proportions.

The ornamentation of the dorsal side shows a difference between the neanic and ephebic forms in the recognizable number of longitudinal series of scales, the former possessing but four on the anterior preabdominal and two on the following segments as against six and two in the ephebic stage.

Measurements. A well preserved and normal specimen, plate 5, figure 5, gives the following figures: length and width of carapace, 18.7 mm and 24.5 mm; length and width of preabdomen, 27.3 mm and 27 mm; length of postabdomen, 40.4 mm; its anterior and posterior widths, 20 and 7 mm. The telson measures 28 mm and is 5 mm wide at its beginning. The lateral eyes of this specimen are 5 mm long and 5.5 mm from the frontal margin. The first tergite is 3.6 mm long and 25.5 mm wide, the third about 6 mm long and 27.4 mm wide. The first postabdominal segment is 6 mm long and 19 mm wide in the middle, the last measures 10.5 mm by 8.5 mm.

The largest carapace observed is 50 mm in length and 67 mm in width; the one figured on plate 6, figure 3 is 45 × 60 mm.

Horizon and localities. DeKay's type of this species came from Waterville, town of Westmoreland, Oneida co., N. Y. Hall's numerous originals were partly from the same locality and in still greater number from Jerusalem or Wheelock's hill, Litchfield, Herkimer co., N. Y. which, with its neighborhood, has to this day furnished the principal supply of this species. In late years it also has been obtained in great numbers a few miles northeast (near Cedarville) and west (Paris Hill) of Jerusalem hill. It occurs near Oriskany; at Cayuga junction, Cayuga co. and possibly at Buffalo. In all these localities it has been found in the uppermost part of the Bertie waterlime, near the overlying Cobleskill limestone. But we have also from Seneca Falls, Seneca co., typical specimens from the Rondout waterlime above the Cobleskill limestone.


text:
Page:United States Statutes at Large Volume 78.djvu/606

 564

PUBLIC LAW 88-465-AUG. 20, 1964

[78 STAT.

Public Law 88-465 August 20, 1964 [H. R. 8334]

Indians. Salt River PimaMaricopa T r i b e. Conveyance.

25 USC 70a.

AN ACT To transfer to the Salt River Pima-Maricopa Indian community certain lands within the Salt River Pima-Maricopa Indian Reservation. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all the right, title, and interest of the United States in and to the following-described lands within the Salt River Pima-Maricopa Indian Reservation, Arizona, consisting of approximately 27.3625 acres, purchased for school purposes from Indian moneys proceeds of labor funds and now excess to the needs of the Bureau of Indian Affairs, are hereby declared to be held by the United States in trust for the Salt River Pima-Maricopa Indian Community: South half north half south half northeast quarter southwest quarter southeast quarter, South half south half northeast quarter southwest quarter southeast quarter, North half northwest quarter southwest quarter southeast quarter. North half north halt south half northwest quarter southwest quarter southeast quarter. West half east half southeast quarter southwest quarter, West half east half east half southeast quarter southwest quarter, East half northeast quarter northeast quarter southeast quarter southwest quarter, North half northeast quarter southeast quarter northeast quarter southeast quarter southwest quarter. Section 32, township 2 north, range 5 east, G & S R P & M, Arizona. SEC. 2. The Indian Claims Commission is directed to determine in accordance with the provisions of section 2 of the Act of August IB, 1946 (60 Stat. 1050), the extent to which the value of the title conveyed by this Act should or should not be set off against any claim against the United States determined by the Commission. Approved August 20, 1964. Public Law 88-466

August 20, 1964 [S. 2318]

Interstate compacts.

AN ACT To amend the joint resolution approved August 20, 1958, granting the consent of Congress to the several States to negotiate and enter into compacts for the purjKJse of promoting highway traffic safety. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the joint resolution approved August 20, 1958 (72 Stat. 635), is amended by inserting in the resolving clause after the word "States" the phrase ", and one or more of the several States and the District of Columbia,". Approved August 20, 1964.

�


text:
Page:United States Statutes at Large Volume 78.djvu/607

 78 STAT.]

PUBLIC LAW 88-467-AUG. 20, 1964

565

Public Law 88-467 AN ACT To amend the Securities Act of 1933, as amended, and the Securities Exchange Act of 1934, as amended, to extend disclosure requirements to the issuers of additional publicly traded securities, to provide for improved qualification and disciplinary procedures for registered brokers and dealers, and for other purposes.

August 20, 1964 [S, 1642]

Be it enacted by the Senate and House of Representatives of the Securities United States of America in Congress assembled, That this Act may Amendments Acts of be cited as the "Securities Acts Amendments of 1964". 1964. SEC. 2. Section 3(a) of the Securities Exchange Act of 1934 is amended by adding at the end thereof the following four paragraphs: Definitions. 48 Stat. 882. "(18) The term 'person associated with a broker or dealer' means 15 USC 78c. any partner, officer, director, or branch manager of such broker or dealer (or any person occupying a similar status or performing similar functions), or any person directly or indirectly controlling or controlled by such broker or dealer, including any employee of such broker or dealer, except that for the purposes of section 15(b) of this title Post, p. 570. (other than paragraph (7) thereof), persons associated with a broker or dealer whose functions are clerical or ministerial shall not be included in the meaning of such term. The Commission may by rules and regulations classify, for the purpose of any portion or portions of this title, persons, including employees, controlled by a broker or a dealer. "(19) The terms 'investment company', 'affiliated person', and 'insurance company' have the same meanings as in the Investment 54 Stat. 789. Company Act of 1940. 15 USC 80a-51. "(20) The terms 'investment adviser' and 'underwriter' have the 15 USC 80b-20. same meanings as in the Investment Advisers Act of 1940. "(21) The term 'person associated with a member' means a person who is registered with a registered securities association pursuant to its rules or who is associated with a broker or dealer which is a member of such association." Registration SEC. 3. (a) Section 12(b) of the Securities Exchange Act of 1934 quirements. reis amended as follows: 48 Stat. 892. (1) Subparagraphs (I) through (K) of paragraph (1) are redesig- 15 USC 78i. nated as (J) through (L), respectively. (2) A new subparagraph (I) is added after subparagraph (H) to read as follows: " (I) material contracts, not made in the ordinary course of business, which are to be executed in whole or in part at or after the filing of the application or which were made not more than two years before such filing, and every material patent or contract for a material patent right shall be deemed a material contract;" (3) A new paragraph (3) is added at the end of subsection (b) to read as follows: "(3) Such copies of material contracts, referred to in paragraph (1)(I) above, as the Commission may require as necessary or appropriate for the proper protection of investors and to insure fair dealing in the security." Unlisted trading (b) Section 12(f) of said Act is amended to read as follows: privileges. " (f)(1) Notwithstanding the foregoing provisions of this section, 15 USC 78Z. any national securities exchange, subject to the terms and conditions hereinafter set forth— " (A) may continue unlisted trading privileges to which a security had been admitted on such exchange prior to the effective Post, p. 566. date of subsection (g)(1) of section 12 of this title.

�


text:
Page:United States Statutes at Large Volume 78.djvu/608

 566

48 Stat. 898. 15 USC 78s.

Post, p. 569. Post, p. 579. Issuers engaged in interstate commerce. Ante, p. 565. 15 USC 781.

PUBLIC LAW 88-467-AUG. 20, 1964

[78 STAT.

" (B) upon application to and approval of such application by the Commission, may extend unlisted trading privileges to any security duly listed and registered on any other national securities exchange. If an extension of unlisted trading privileges to a security was originally based upon its listing and registration on another national securities exchange, such privileges shall continue in effect only so long as such security shall remain listed and registered on any other national securities exchange. "(2) No application pursuant to this subsection shall be approved unless the Commission finds, after appropriate notice and opportunity for hearing, that the extension of unlisted trading privileges pursuant to such application is necessary or appropriate in the public interest or for the protection of investors. " (3) The Commission shall by rules and regulations suspend unlisted trading privileges in whole or in part for any or all classes of securities for a period not exceeding twelve months, if it deems such suspension necessary or appropriate in the public interest or for the protection of investors or to prevent evasion of the purposes of this title. "(4) On the application of the issuer of any security for which unlisted trading privileges on any exchange have been continued or extended pursuant to this subsection, or of any broker or dealer who makes or creates a market for such security, or of any other person having a bona fide interest in the question of termination or suspension of such unlisted trading privileges, or on its own motion, the Commission shall by order terminate, or suspend for a period not exceeding twelve months, such unlisted trading privileges for such security if the Commission finds, after appropriate notice and opportunity for hearing, that such termination or suspension is necessary or appropriate in the public interest or for the protection of investors. "(5) In any proceeding under this subsection in which appropriate notice and opportunity for hearing are required, notice of not less than ten days to the applicant in such proceeding, to the issuer of the security involved, to the exchange which is seeking to continue or extend or has continued or extended unlisted trading privileges for such security, and to the exchange, if any, on which such security is listed and registered, shall be deemed adequate notice, and any broker or dealer who makes or creates a market for such security, and any other person having a bona fide interest in such proceeding, shall upon application be entitled to be heard. "(6) Any security for which unlisted trading privileges are continued or extended pursuant to this subsection shall be deemed to be registered on a national securities exchange within the meaning of this title. The powers and duties of the Commission under section 19(b) of this title shall be applicable to the rules of an exchange in respect of any such security. The Commission may, by such rules and regulations as it deems necessary or appropriate in the public interest or for the protection of investors, either unconditionally or upon specified terms and conditions, or for stated periods, exempt such securities from the operation of any provision of section 13, 14, or 16 of this title." (c) Section 12 of said Act is further amended by adding thereto the following new subsection: " (g)(1) Every issuer which is engaged in interstate commerce, or in a business affecting interstate commerce, or whose securities are traded by use of the mails or any means or instrumentality of interstate commerce shall— " (A) within one hundred and twenty days after the last day of its firet fiscal year ended after the effective date of this sub-

�


text:
Page:United States Statutes at Large Volume 78.djvu/609

 78 STAT. ]

PUBLIC LAW 88-467-AUG. 20, 1964

567

section on which the issuer has total assets exceeding $1,000,000 and a class of equity security (other than an exempted security) held of record by seven hundred and fifty or more persons; and " (B) within one hundred and twenty days after the last day of its first fiscal year ended after two years from the effective date of this subsection on which the issuer has total assets exceeding $1,000,000 and a class of equity security (other than an exempted security) held of record by five hundred or more but less than seven hundred and fifty persons, register such security hj filing with the Commission a registration statement (and such copies thereof as the Commission may require) with respect to such security containing such information and documents as the Commission may specify comparable to that which is required in an application to register a security pursuant to subsection (b) of this section. Each such registration statement shall become effective sixty days after filing with the Commission or within such shorter period as the Commission may direct. Until such registration statement becomes effective it shall not be deemed filed for the purposes of section 18 of this title. Any issuer may register any class ^| ^^^ ^9j7. of equity security not required to be registered by filing a registration statement pursuant to the provisions of this paragraph. The Commission is authorized to extend the date upon which any issuer or class of issuers is required to register a security pursuant to the provisions of this paragraph. "(2) The provisions of this subsection shall not apply in respect ^.Nonappiicaof— " (A) any security listed and registered on a national securities exchange. " (B) any security issued by an investment company registered pursuant to section 8 of the Investment Company Act of 1940. ^^ ^^^ |°^^_" (C) any security, other than permanent stock, guaranty stock, 15 USC 80a-8. permanent reserve stock, or any similar certificate evidencing nonwithdrawable capital, issued by a savings and loan association, building and loan association, cooperative bank, homestead association, or similar institution, which is supervised and examined by State or Federal authority having supervision over any such institution. " (D) any security of an issuer organized and operated exclusively for religious, educational, benevolent, fraternal, charitable, or reformatory purposes and not for pecuniary profit, and no part of the net earnings of which inures to the benefit of any private shareholder or individual. " (E) any security of an issuer which is a 'cooperative association' as defined in the Agricultural Marketing Act, approved 11. June 15, 1929, as amended, or a federation of such cooperative 46 Stat. 114112 USC associations, if such federation possesses no greater powers or pur- i iVij. poses than cooperative associations so defined. " (F) any security issued by a mutual or cooperative organization which supplies a commodity or service primarily for the benefit of its members and operates not for pecuniary profit, but only if the security is part of a class issuable only to persons who purchase commodities or services from the issuer, the security is transferable only to a successor in interest or occupancy of premises serviced or to be served by the issuer, and no dividends are payable to the holder of the security. (G) any security issued by an insurance company if all of the following conditions are met: " (i) Such insurance company is required to and does file an annual statement with the Commissioner of Insurance (or 31-667 0-65—39

�