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extent to which the United States shall be a participant in and an exhibitor at Interama; and (2) to make available to the head of the designated department or agency, on a reimbursable basis, such personnel as may be necessary to assist him in carrying out his functions under this Act. SEC. 5. (a) There is authorized to be appropriated not to exceed Appropriation. $7,500,000 to provide for United States participation in Interama under this Act, of which not to exceed $250,000 shall be available for expenditure in connection with the preparation of the report required to be submitted to the Congress under section 2(b) of this Act. Sums appropriated under this subsection shall remain available until expended. (b) I n addition to the amount authorized in subsection (a), there is authorized to be appropriated not to exceed $1,000,000 annually for each of the fiscal years 1968 and 1969 for the maintenance of United States installations and activities at Interama. Approved February 19, 1966.

Public Law 89-356 AN ACT

February 21, 1966

To establish a procedure for the review of proposed bank mergers so as to eliminate the necessity for the dissolution of merged banks, and for other purposes.

'-^' •'^^?.:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section ^^"'' mergers. 18(c) of the Federal Deposit Insurance Act (12 U.S.C. 1828(c)) is ^^ Stat. 892. amended to read: "(c)(1) Except with the prior written approval of the responsible agency, which shall in every case referred to in this paragraph be the Corporation, no insured bank shall— " (A) merge or consolidate with any noninsured bank or institution; " (B) assume liability to pay any deposits made in, or similar liabilities of, any noninsured bank or institution; " (C) transfer assets to any noninsured bank or institution in consideration of the assumption of liabilities for any portion of the deposits made in such insured bank. "(2) No insured bank shall merge or consolidate with any other insured bank or, either directly or indirectly, acquire the assets of, or assume liability to pay any deposits made in, any other insured bank except with the prior written approval of the responsible agency, which shall be— " (A) the Comptroller of the Currency if the acquiring, assuming, or resulting bank is to be a national bank or a District bank; " (B) the Board of Governors of the Federal Reserve System if the acquiring, assuming, or resulting bank is to be a State member bank (except a District b a n k); " (C) the Corporation if the acquiring, assuming, or resulting bank is to be a nonmember insured bank (except a District bank). "(3) Notice of any proposed transaction for which approval is 0^°*/^^°^/"'' required under paragraph (1) or (2) (referred to hereafter in this ^r°arsa^rons!^ .subsection as a 'merger transaction') shall, unless the responsible agency finds that it must act immediately in order to prevent the probable failure of one of the banks involved, be published— " (A) prior to the granting of approval of such transaction, " (B) in a form approved by the responsible agency, " (C) at appropriate intervals during a period at least as long

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[80 STAT.

as the period allowed for furnishing reports under paragraph (4) of this subsection, and " (D) in a, newspaper of general circulation in the community or communities where the main offices of the banks involved are located, or, if there is no such newspaper in any such community, then in the newspaper of general circulation published nearest thereto. erai""*^"^^ ^" "(^) ^^ ^^^^ iuterests of uniform standards, before acting on any Reports on com- application for approval of a merger transaction, the responsible petitive....... ........ factors. agency, unless it finds that it must act immediately in order to prevent the probable failure of one of the banks involved, shall request rejwrts on the competitive factors involved from the Attorney General and the other two banking agencies referred to in this subsection. The reports shall be furnished within thirty calendar days of the date on which they are requested, or within ten calendar days of such date if the requesting agency advises the Attorney General and the other two banking agencies that an emergency exists requiring expeditious action. "(5) The responsible agency shall not approve— " (A) any proposed merger transaction which would result in a monopoly, or which would be in furtherance of any combination or conspiracy to monopolize or to attempt to monopolize the business of banking in any part of the United States, or " (B) any other proposed merger transaction whose effect in any section of the country may be substantially to lessen competition, or to tend to create a monopoly, or which in any other manner would be in restraint of trade, unless it finds that the anticompetitive effects of the proposed transaction are clearly outweighed in the public interest by the probable effect of the transaction in meeting the convenience and needs of the community to be served. I n every case, the responsible agency shall take into consideration the financial and managerial resources and future prospects of the existing and proposed institutions, and the convenience and needs of the community to be served. f7°Ii!^.?r"°r^r°[ "(6) The responsible agency shall immediately notify the Attorney Attorney General. """^".^rv-ra Qeneral of any approval by it pursuant to this subsection of a proposed merger transaction. If the agency has found that it must act immediately to prevent the probable failure of one of the banks involved and reports on the competitive factors have been dispensed with, the transaction may be consummated immediately upon approval by the agency. If the agency has advised the Attorney General and the other two banking agencies of the existence of an emergency requiring expeditious action and has requested reports on the competitive factors within ten days, the transaction may not be consummated before the fifth calendar day after the date of approval by the agency. In all other cases, the transaction may not be consummated before the thirtieth calendar day after the date of approval by the agency. "(7)(A) Any action brought under the antitrust laws arising out of a merger transaction shall be commenced prior to the earliest time under paragraph (6) at which a merger transaction approved under paragraph (5) might be consummated. The commencement of such an action shall stay the effectiveness of the agency's approval unless the court shall otherwise specifically order. In any such action, the court shall review de novo the issues presented. " (B) In any judicial proceeding attacking a merger transaction approved under paragraph (5) on the ground that the merger transaction alone and of itself constituted a violation of any antitrust laws

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other than section 2 of the Act of July 2, 1890 (section 2 of the Sherman Antitrust'Act, 15 U.S.C. 2), the sta,ndards applied by the court 26 Stat. 209. shall be identical with those that the banking a^^encies are directed to apply under paragraph (5). " (C) Upon the consummation of a merger transaction in compliance with this subsection and after the termination of any antitrust litigation commenced within the period prescribed in this paragraph, or upon the termination of such period if no such litigation is commenced therein, the transaction may not thereafter be attacked in any judicial proceeding on the ground that it alone and of itself constituted a violation of any antitrust laws other than section 2 of the Act of July 2, 1890 (section 2 of the Sherman Antitrust Act, 15 TT.S.C. 2), but nothing in this subsection shall exempt any bank resulting from a merger transaction from complying with the antitrust laws after the oonsummation of such transaction. " (D) I n any action brought under the antitrust laws arising out of a mergei' transaction appro\-ed by a Federal supervisory agency pursuant to this subsection, such agency, and any State banking supervisory agency having jurisdiction within the State involved, may appear as a party of its own motion and as of right, and be represented by its counsel. "(8) For the purposes of this subsection, the term 'antitrust laws' jg^^"*'*™^' means the Act of July 2, 1890 (the Sherman Antitrust Act, 15 U.S.C. 1.-7), the Act of October 15, 1914 (the Clayton Act, 15 U.S.C. 12-27), ^ sj^j- 209. and any other Acts in pari materia. "(9) Each of the responsible agencies shall include in its annual Report to report to the Congress a description of each merger transaction °"^'"^^^approved by it during the period covered by the report, along with the following information: " (A) the name and total resources of each bank involved; " (B) whether a report was submitted by the Attorney General under paragraph (4), and, if so, a summary by the Attorney General of the substance of such report; and " (C) a statement by the responsible agency of the basis for its approval." (b) Section 18 of such Act is further amended by adding at the ^^ us^c ^^^ end thereof the following new subsection: " (i)(1) No insured State nonmember bank (except a District bank) ^^^f'^""" "^ shall, without the prior consent of the Corporation, reduce the amount "Restrictions. or retire any part of its common or preferred capital stock, or retire any part of its capital notes or debentures. "(2) No insured bank sihall convert into an insured State bank conversions. if its capital stock or its surplus will be less than the capital stock or surplus, respectively, of the converting bank at the time of the shareholder's meeting approving such conversion, without the prior written consent of— " (A) the Comptroller of the Currency if the resulting bank is to be a District bank; " (B) the Board of Governors of the Federal Reserve System if the resulting bank is to be a State member bank (except a District b a n k); " (C) the Corporation if the resulting bank is to be a State nonmember insured bank (except a District bank). "(3) Without the prior written consent of the Corporation, no insured bank shall convert into a noninsured bank or institution. "(4) I n granting or withholding consent under this subsection, the responsible agency shall consider— " (A) the financial history and condition of the bank, " (B) the adequacy of its capital structure,

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'

Prior mergers.

26 Stat. 209.

"Antitrust 38 Stat. 730.

12 USC 1828.

[80 STAT.

" (C) its future earnings prospects, ' - -. " (I)) the general character of its management, " (E) the convenience and needs of the community to be served, and " (F) whether or not its corporate powers are consistent with the purposes of this Act." i^y(^ 2. (a) Any merger, consolidation, acquisition of assets, or assumption of liabilities involving an insured bank which was consummated prior to June 17, 1968, the bank resulting from which has not been dissolved or divided and has not effected a sale or distribution of assets and has not taken any other similar action pursuant to a final judgment under the antitrust laws prior to the enactment of this Act, shall be conclusively presumed to have not been in violation of any antitrust laws other than section 2 of the Act of July 2, 1890 (section 2 of the Sherman Antitrust Act, 15 U.S.C. 2). (b) No merger, consolidation, acquisition of assets, or assumption of liabilities involving an insured bank which was consummated after June 16, 1963, and prior to the date of enactment of this Act and as to which no litigation was initiated by the Attorney General prior to the date of enactment of this Act may be attacked after such date in any judicial proceeding on the ground that it alone and of itself constituted a violation of any antitrust laws other than section 2 of the Act of j^j|y g, 1890 (section 2 of the Sherman Antitrust Act, 15 U.S.C. 2). (c) Any court having pending before it on or after the date of enactment of this Act any litigation initiated under the antitrust laws by the Attorney General after June 16, 1963, with respect to the merger, consolidation, acquisition of assets, or assumption of liabilities of an insured bank consununated after June 16, 1963, shall apply the substantive rule of law set forth in section 18(c)(5) of the Federal Deposit Insurance Act, as amended by this Act. ^(j^ PQJ. fl^g purposBS of this section, the term "antitrust laws" means the Act of July 2, 1890 (the Sherman Antitrust Act, 15 U.S.C. i_7)^ the Ac't of October 15, 1914 (the Clayton Act, 15 U.S.C. 12-27), and any other Acts in pari materia. SEC. 3. Any application for approval of a merger transaction (as the term "merger transaction" is used in section 18(c) of the Federal Deposit Insurance Act) which was made before the date of enactment of this Act, but was withdrawn or abandoned as a result of any objections made or any suit brought by the Attornej^ General, may be reinstituted and shall be acted upon in accordance with the provisions of this Act without prejudice by sudi withdraw-al, abandonment, objections, or judicial proceedings. Approved February 21, 1966. > /;.

Public Law 89-357 March 1, 1966 [H. J. Res. 403]

JOINT RESOLUTION Authorizing an appropriation to enable the United States to extend an invitation to the World Health Organization to hold the Twenty-second World Health Assembly in Boston, Massachusetts, in 1989.

Whereas the Twenty-second World Health Assembly is scheduled to be held in 1969; and Whereas the year 1969 is considered particularly appropriate for holding the assembly in Boston, Massachusetts, since that year will mark the centennial of the establishment of the first modern State public health department in Massachusetts in 1869; and 1969 also

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PUBLIC LAW 89-357-MAR. 1, 1966

11

marks the "coming of age'', the twenty-first anniversary of the World Health Organization; and Whereas the assembly and related functions will provide outstanding opportunities for the Ministers and Directors of Health of the World Health Organization's one hundred and twenty-five member countries to view American health and medical methods in practice, and to make and renew friendships among American health and medical leaders; and Whereas the assembly will focus public attention in the United States on the important work of the World Health Organization as an integral part of the economic and social program of the United Nations and as a constructive work contributing to better international appreciation and world peace; and Whereas American health and medical groups and certain urban organizations have suggested arrangements to make the World .. Health Assembly in the United States a particularly useful professional occasion through related seminars, field trips, and social activities; and AVhereas the cost of holding an assembly in Boston, Massachusetts, w'ould exceed the amount provided in the budget of the World Health Organization for holding an assembly in Geneva, Switzerland, the headquarters of the Organization: Therefore be it Resolved by the Senate and House of Representatives of the United States of America m Congress assembled. That there is authorized to A ^°/i,t,"^^^'^ 1

•

1

1

o

!• (-1

(•

"

1

Assembly.

be appropriated to the Secretary or State, out oi any money in the Treasury not otherwise appropriated, the sum of not to exceed $500,000 for the purpose of defraying the expenses incident to organizing and holding the Twenty-second World Health Assembly in Boston, Massachusetts. Funds appropriated pursuant to this authorization shall be available for advance contribution to the World Health Organization for additional costs incurred by the Organization in holding the Twenty-second World Health Assembly outside the Organization's headquarters at Geneva, Switzerland; and shall be available for expenses incurred by the Secretary of State, on behalf of the United States as host government, including personal services without regard to civil service and classification laws; employment of aliens; travel expenses without regard to the Standardized Government Travel Kegulations and to the lates of per diem allowances in lieu of subsistence expenses under rJie Travel Expense Act of 1949, as amended; ^^ ^t^t i^e. rent of (juarters by roiitracf or otherwise; and hire of passenger suscsssnote. motor veil ides. Approved March 1, 1966.

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PUBLIC LAW 89-358-MAR. 3, 1966

[80

STAT.

P u b l i c Law 89-358 March 3, 1966 [^- 9]

Veterans' Readjustment Benefits Act of 1966.

AN ACT To provide readjustment assistance to veterans who serve in the Armed Forces during the induction period.

Be it enacted by the Senate and House of Representatives United States of America vri Congress assembled.

of the

SHORT TITLE

1. This Act may be cited as the "Veterans* Readjustment Benefits Act of 1966". SECTION

EDUCATIONAL B E N E F I T S 72 Stat. 1170. 38 USC 1501 et seq-

SEC. 2. Part III of title 38, United States Code, is amended by inserting immediately after chapter 31 thereof the following new chapter: "CHAPTER 34—VETERANS* EDUCATIONAL ASSISTANCE " SUBCHAPTER I—PURPOSE—DEFINITIONS

"Sec. •'1651. Purpose. •'1652. Definitions. "SUBCHAPTER II—ELIGIBILITY AND ENTITLEMENT

'1661. Eligibility; entitlement; duration. '1662. Time limitations for completing a program of education. •'1663. Educational and vocational counseling. "SUBCHAPTER III—ENROLLMENT

•'1670. •'1671. "1672. "1673. "1674. •'1675. •'1676.

Selection of program. Applications; approval. Change of program. Disapproval of enrollment in certain courses. Discontinuance for unsatisfactory conduct or progress. Period of operation for approval. Education outside the United States. "SUBCHAPTER IV—PAYMENTS TO ELIGIBLE VETERANS

1681. •'1682. "1683. "1684. •'1685. •1686.

Educational assistance allowance. Computation of educational assistance allowances. Measurement of courses. Overcharges by educational institutions. Approval of courses. . Discontinuance of allowances.

"Subchapter I—Purpose—Definitions "§1651. Purpose "The Congress of the United States hereby declares that the education program created by this chapter is for the purpose of (1) enhancing and making more attractive service in the Armed Forces of the United States, (2) extending the l)enefits of a highei" education to qualified and deserving young persons wiio might uot otherwise be able to afford such an education, (3) providing vocational readjustment and restoring lost educational opportunities to those service men and women whose careers have been interrupted or impeded by

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PUBLIC LAW 8 9 - 3 5 8 - M A R. 3, 1966

reason of active duty after January 31, 1955, and (4) aiding such persons in attaining the vocational and educational status which they might normally have aspired to and obtained had they not s e r v ^ their country. <*§ 1652. Definitions " For the purposes of this chapter— " (a)(1) The term 'eligible veteran' means any veteran who (A) served on active duty for a period of more than 180 days any part of which occurred after January 31, 1955, and who was discharged or released therefrom under conditions other than dishonorable or (B) was discharged or released from active duty after such date for a service-connected disability. "(2) The requirement of discharge or release, prescribed in paragraph (1)(A), shall be waived in the case of any individual who served at least two years in an active-duty status for so long as he continues on active duty without a break therein. "(3) For purposes of paragraph (1)(A) and section 1661(a), the term 'active duty' does not include any period during which an individual (A) was assigned full time by the Armed Forces to a civilian institution for a course of education which was substantially the same as established courses offered to civilians, (B) served as a cadet or midshipman at one of the service academies, or (C) served under the provisions of section 511(d) of title 10 pursuant to an enlistment in the Army National Guard or the Air National Guard or as a Reserve for service in the Army Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve. "(b) The term 'program of education' means any curriculum or any combination of unit courses or subjects pursued at an educational institution which is generally accepted as necessary to fulfill requirements for the attainment of a predetermined and identified educational, professional, or vocational objective. "(c) The term 'educational institution' means any public or private secondary school, vocational school, correspondence school, business school, junior college, teachers' college, college, normal school, professional school, university, or scientific or technical institution, or any other institution if it furnishes education at the secondary school level or above. " (d) The term 'dependent' means— "(1) a child of an eligible veteran; "(2) a dependent parent of an eligible veteran; and "(3) the wife of an eligible veteran. ^'Subchapter II—Eligibility and Entitlement ''§1661. Eligibility; entitlement; duration "Entitlement " (a) Except as provided in subsection (b), each eligible veteran shall be entitled to educational assistance under this chapter for a period of one month (or to the equivalent thereof in part-time educational assistance) for each month or fraction thereof of his service on active duty after January 31, 1955. 65-300 0-67—4

13

7 7 Stat. 13;;

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PUBLIC LAW 89-358-MAR. 3, 1966 "Entitlement Limitations

38 USC 1952 Ed., ch. 12A. 38 USC 1601 note 70 Stat. 411,. 38 USC 1701 e( seq.

''i--

[80 STAT. s.,

" (b) Except as provided in subsection (c), in no event shall an eligible veteran receive educational assistance under this chapter for a period which, when combined with education and training received under any or all of the laws listed below, will exceed thirty-six months— " (1) parts VII or VIII, Veterans Regulation Numbered 1 (a), as amended; "(2) title II of the Veterans' Readjustment Assistance Act of 1052; "(3) the W a r Orphans' Educational Assistance Act of 1956; "(4) chapters 31, 33, and 35 of this title. "(c) Whenever the period of entitlement under this section of an eligible veteran who is enrolled in an educational institution regularly operated on the quarter or semester system ends during a quarter or semester, such period shall be extended to the termination of such unexpired quarter or semester. I n educational institutions not operated on the quarter or semester system, whenever the period of eligibility ends after a major portion of the course is completed such period shall be extended to the end of the course or for twelve weeks, whichever is the lesser period. " (d) If an eligible veteran is entitled to educational assistance under this chapter and also to vocational rehabilitation under chapter 31 of this title, he must, if he wants either, elect w'hether he will receive educational assistance or vocational rehabilitation. If an eligible veteran is entitled to educational assistance under this chapter and is not entitled to such vocational rehabilitation, but after beginning his program of education becomes entitled (as determined by the Administrator) to such vocational rehabilitation, he must, if he wants either, elect whether to pontinue to receive educational assistance or whether to receive such vocational rehabilitation. I f he elects to receive vocational rehabilitation, the program of education under this chapter shall be utilized to the fullest extent practicable in determining the character and duration of vocational rehabilitation to be f u m i ^ e d him. "§ 1662. Time limitations for completing a program of education "Delimiting Period for Completion " (a) No educational assistance shall be afforded an eligible veteran under this chapter beyond the date eight years after his last discharge or release from active duty after January 31, 1955, "Correction of Discharge

76 Stat. 509. 70A Stat. 116.

" (b) In the case of any eligible veteran who has been prevented, as determined by the Administrator, from completing a program of education mider this chapter within the period prescribed by subsection (a), because lie had not met the nature of discharge requirements of this chapter before a change, correction, or modification of a discharge ^^j. dismissal made pursuant to section 1553 of title 10, the correction of the military records of the proper service department under section 1552 of title 10, or other corrective action by competent authority, then the 8-year delimiting period shall run from the date his discharge or dismissal was changed, corrected, or modified. r

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"Savings Clause "(c) I n the case of any eligible veteran v;ho was discharged or released from active duty before the date for which an educational assistance allowance is first payable under this chapter, the 8-year delimiting period shall run from such date, if it is later than the date which otherwise would be applicable. "§1663. Educational and vocational counseling "The Administrator may arrange for educational and vocational counseling for veterans eligible for educational assistance under this chapter. At such intervals as he deems necessary, he shall make available information respecting the need for general education and for trained personnel in the various crafts, trades, and professions. Facilities of other Federal agencies collecting such information shall be utilized to the extent he deems practicable. "Subchapter III—Enrollment "§1670. Selection of program "Subject to the provisions of this chapter, each eligible veteran may select a program of education to assist him in attaining an educational, professional, or vocational objective at any educational institution (approved in accordance with chapter 36 of this title) selected by him, which will accept and retain him as a student or trainee in any field or branch of knowledge which such institution finds him qualified to undertake or pursue. "§ 1671. Applications; approval "Any eligible veteran who desires to initiate a program of education under this chapter shall submit an application to the Administrator which shall be in such form, and contain such information, as the Administrator shall prescribe. The Administrator shall approve such application unless he finds that such veteran is not eligible for or entitled to the educational assistance applied for, or that his program of education fails to meet any of the requirements of this chapter, or that he is already qualified. The Administrator shall notify the eligible veteran of the approval or disapproval of his application. "§ 1672. Change of program " (a) Except as provided in subsection (b), each eligible veteran (except an eligible veteran whose program has been interrupted or discontinued due to his own misconduct, his own neglect, or his own lack of application) may make not more than one change of program of education. " (b) The Administrator may approve one additional change (or an initial change in the case of a veteran not eligible to make a change under subsection (a)) in program if he finds that— "(1) the program of education which the eligible veteran proposes to pursue is suitable to his aptitudes, interests, and abilities; and " (2) in any instance where the eligible veteran has interrupted, or failed to progress in, his program due to his own misconduct, his own neglect, or his own lack of application, there exists a reasonable likelihood with respect to the program which the eligible veteran proposes to pursue that there will not be a recurrence of such an interruption or failure to progress.

^°^^- p- 20.

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[80 STAT.

"(c) As used in this section the term 'change of program of education' shall not be deemed to include a change from the pursuit of one program to pursuit of another where the first program is prerequisite to, or generally required for, entrance into pursuit of the second. "§ 1673. Disapproval of enrollment in certain courses " (a) The Administrator shall not approve the enrollment of an eligible veteran in any type of course which the Administrator finds to be avocational or recreational in character unless the eligible veteran submits justification showing that the course will be of bona fide use in the pursuit of his present or contemplated business or occupation. " (b) The Administrator shall not approve the enrollment of an eligible veteran in any course of flight training other than one given by an educational institution of higher learning for credit toward a standard college degree the eligible veteran is seeking. "(c) The Administrator shall not approve the enrollment of an eligible veteran in any course of apprentice or other training on the job, any course of institutional on-farm training, or any course to be pursued by open circuit television (except as herein provided) or radio. The Administrator may approve the enrollment of an eligible veteran in a course, to be pursued in residence, leading to a standard college degree which includes, as an integral part thereof, subjects offered through the medium of open circuit television, if the major portion of the course requires conventional classroom or laboratory attendance. " (d) The Administrator shall not approve the enrollment of any eligible veteran, not already enrolled, in any nonaccredited course below the college level offered by a proprietary profit or proprietary nonprofit educational institution for any period during which the Administrator finds that more than 85 per centum of the students enrolled in the course are having all or part of their tuition, fees, or other charges paid to or for them by the educational institution or the Veterans' Administration under this chapter or chapter 31 or 35 of this title. "§1674. Discontinuance for unsatisfactory conduct or progress "The Administrator shall discontinue the educational assistance allowance of an eligible veteran if, at any time, the Administrator finds that according to the regularly prescribed standards and practices of the educational institution, his conduct or progress is unsatisfactory. The Administrator may renew the payment of the educational assistance allowance only if he finds that— "(1) the cause of the unsatisfactory conduct or progress of the eligible veteran has been removed; and "(2) the program which the eligible veteran now proposes to pursue (whether the same or revised) is suitable to his aptitudes, interests, and abilities. "§1675. Period of operation for approval " (a) The Administrator shall not approve the enrollment of an eligible veteran in any course offered by an educational institution when such course has been in operation for less than two years. " (b) Subsection (a) shall not apply to— " (1) any course to be jjursued in a public or other tax-supported educational institution; "(2) any course which is offered by an educational institution which has been in operation for more than two years, if such course is similar in character to the instruction previously given by such institution;

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"(3) any course which has been olt'ered by an institution for a period of niore than two years, notwithstanding the institution has moved to another location within the same general locality; or "(4) any course which is offered by a nonprofit educational institution of college level and which is recognized for credit toward a standard college degrep. "§1676. Education outside the United States "An eligible veteran may not pursue a program of education at an educational institution which is not located in a State, unless such jirogram is pursued at an approved educational institution of higher learning. The Administrator in his discretion may deny or discontinue the educational assistance under this chapter of any veteran in a foreign educational institution if he finds that such enrollment is not foi' the best interest of the veteran or the Government. "Subchapter IV—Payments to Eligible Veterans "§ 1681. Educational assistance allowance " (a) The Administrator shall pay to each eligible veteran who is pursuing a program of education under this chapter an educational rissistance allowance to meet, in part, the expenses of his subsistence, tuition, fees, supplies, books, equipment, and other educational costs. "(b) The educational assistance allowance of an eligible veteran shall be paid, as provided in section 1682 of this title, only for the period of his enrollment as approved by the Administrator, but no allowance shall be paid— " (1) to any veteran enrolled in a course which leads to a standard college degree for any period when such veteran is not pursuing his course in accordance with the regularly established policies and regulations of the educational institution and the requirements of this chapter, or of chapter 36; "(2) to any veteran enrolled in a course which does not lead to a standard college degree for any day of absence in excess of thirty days in a twelve-month period, not counting as absences weekends or legal holida;^s established by Federal or State law during which the institution is not regularly in session; or "(3) to any veteran pursuing his program exclusively by correspondence for any period during which no lessons were serviced by the institution. "(c) The Administrator may, pursuant to such regulations as he may prescribe, determine enrollment in, pursuit of, and attendance at, any program of education or course by an eligible veteran for any period for which he receives an educational assistance allowance under this chapter for pursuing such program or course. " (d) No educational assistance allowance shall be paid to an eligible veteran enrolled in a course in an educational institution which does not lead to a standard college degree for any period until the Administrator shall have received— "(1) from the eligible veteran a certification as to his actual attendance during such period or where the program is pursued by correspondence a certificate as to the number of lessons actually completed by the veteran and serviced by the institution; and. "(2) from the educational institution, a certification, or an endorsement on the veteran's certificate, that such veteran was enrolled in and pursuing a course of education during such period

Post. p. 20.

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[80 STAT.

and, in the case of an institution furnishing education to a veteran exclusively by correspondence, a certificate, or an endorsement on the veteran's certificate, as to the number of lessons completed by the veteran and serviced by the institution. "(e) Educational assistance allowances shall be paid as soon as practicable after the Administrator is assured of the veteran's enrollment in and pursuit of the program of education for the period for which such allowance is to be paid. '^§1682. Computation of educational assistance allowances " (a)(1) Except as provided in subsection (b) or (c)(1), while pursuing a program of education under this chapter of half-time or more, each eligible veteran shall be paid the monthly educational assistance allowance set forth in column II, III, or IV (whichever is applicable as determined by the veteran's dependency status) opposite the applicable type of program as shown in column I: "Column I

Column II

Column III

Column IV

Type of program

No dependents

One dependent

Two or more dependents

Institutional: Fulltime Three quarter time Half time Cooperative

. _

$100 75 50 80

$125 95 65 100

$150 115 75 120

"(2) A 'cooperative' program means a full-time program of education which consists of institutional courses and alternate phases of training in a business or industrial establishment with the training in the business or industrial establishment being strictly supplemental to the institutional portion. " (b) The educational assistance allowance of an individual pursuing a program of education— "(1) while on active duty, or "(2) on less than a half-time basis, shall be computed at the rate of (A) the established charges for tuition and fees which the institution requires similarly circumstanced nonveterans enrolled in the same program to pay, or (B) $100 per month for a full-time course, whichever is the lesser. " (c)(1) The educational assistance allowance of an eligible veteran pursuing a. program of education exclusively by correspondence shall be computed on the basis of the established charge which the institution requires nonveterans to pay for the course or courses pursued by the eligible veteran. Such allowance shall be paid quarterly on a pro rata basis for the lessons completed by the veteran and serviced by the institution, as certified by the institution. "(2) I n the case of any eligible veteran who is pursuing any program of education exclusively by correspondence, one-fourth of the elapsed time in following such program of education shall be charged against the veteran's period of entitlement. "§1683. Measurement of courses " (a) For the purposes of this chapter— "(1) an institutional trade or technical course offered on a clock-hour basis below the college level involving shop practice as an integral part thereof, shall be considered a full-time course

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when a iiiiiiiimnn of thirty hours per Ave«k of attendance is required with no more than two and one-half hours of rest periods per week allowed; " (2) an institutional course offered on a clock-hour basis below the college lev^el in which theoretical or classroom instruction predominates shall be considered a full-time course when a minimum of twenty-five hours per week net of instruction (which may include customary intervals not to exceed ten minutes between hours of instruction) is required; and "(3) an institutional undergraduate course offered by a college or university on a quarter- or semester-hour basis for which credit is granted toward a standard college degree shall be considered a full-time course when a minimum of fourteen semester hours or its equivalent is required. " (b) The Administrator shall define part-time training in the case of the types of courses referred to in subsection (a), and shall define full-time and part-time training in the case of all other types of courses pursued under this chapter. " (a) If the Administrator finds that an educational institution has charged or received from any eligible veteran pursuing a program of education under this chapter any amount for any course in excess of the charges for tuition and fees which such institution requires similarly circumstanced nonveteran students, who are enrolled in the same course to pay, he may disapprove such educational institution for the enrollment of any eligible veteran not already enrolled therein under this chapter and any eligible veteran or person not already enrolled therein under chapter 31 or 35 of this title. " (b) Any educational institution which has been disapproved under section 1734 of this title shall be deemed to be disapproved for the enrollment under this chapter of any eligible veteran not already enrolled therein. "§ 1685. Approval of courses "An eligible veteran shall receive the benefits of this chapter while iMirolled in a course of education offered by an educational institution only if such course is approved in accordance with the provisions of subchapter I of chapter 36 of this title. Post, p. 20. "§ 1686. Discontinuance of allowances "The Administrator may discontinue the educational assistance allowance of any eligible veteran if he finds that the program of ' »• education or any course in which the eligible veteran is enrolled fails to meet any of the requirements of this chapter or chapter 36, or if he finds that the educational institution offering such program or course has violated any provision of this chapter or chapter 36, or fails to meet any of their requirements." SEC. 3. (a) Chapter 35 of title 38 of the United States Code is '^ ^'^'- ^• amended by— (1) amendhig section 1761 thereof to read as follows: " (a) The Administrator may provide the educational and vocational counseling required under section 1720 of this title, and may provide or require additional counseling if he deems it to be necessary to accomplish the pniposes of this chapter.
 * § 1684. Overcharges by educational institutions
 * '§ 1761. Authority and duties of Administrator

19

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Pof*^!, R^ fi P o s t, p. 8 6i1.

PUBLIC LAW 89-358-MAR. 3, 1966

[80 STAT.

" (b) Where any provision of this chapter authorizes or requires any function, power, or duty to be exercised by a State, or by any oflS.cer or agency thereof, such function, power, or duty shall, with respect to the Republic of the Philippines, be exercised by the Administrator."; (2) deleting in section 1762, " (a) " and subsection (b) in its entirety; (3) deleting sections 1726, 1763, 1764, 1765, 1766, 1767, and 1768; (4) deleting the following heading, immediately preceding sec^^^^ l^^l' "Subchapter VII—State Approving Agencies", and substituting therefor: "CHAPTER 36.—ADMINISTRATION OF EDUCATIONAL BENEFITS " SUBCHAPTER I—STATE APPROVING AGENCIES

"Sec. "1770. "1771. "1772. "1773. "1774. "1775. "1776. "1777. "1778.

Scope of approval. Designation. Approval of courses. Cooperation. Reimbursement of expenses. Approval of accredited courses. Approval of nonaccredited courses. Notice of approval of courses. Disapproval of courses. " SUBCHAPTER II—MISCELLANEOUS PROVISIONS

"1781. "1782. "1783. "1784. "1785. "1786. "1787. "1788. "1789. "1790.

Nonduplication of benefits. Control by agencies of the United States. Conflicting interests. Reports by institutions. Overpayments to eligible persons or veterans. Examination of records. False or misleading statements. Advisory committee. Institutions listed by Attorney General. Use of other Federal agencies.

"Subchapter I—State Approving Agencies";

Ante, p. 12.

Ante, p. 19.

(5) inserting a new section 1770 to read as follows: "§1770. Scope of approval " (a) A course approved under and for the purposes of this chapter shall be deemed approved for the purposes of chapters 34 and 35 of this title. "(b) Any course approved under chapter 33 of this title, prior to February 1, 1965, under subchapter VII of chapter 35 of this title, prior to the date of enactment of this chapter, and not disapproved under section 1686, section 1656 (as in effect prior to February 1, 1965), or section 1778 of this title, shall be deemed approved for the purposes of this chapter."; (6) striking out in section 1771(a), "this chapter after the date for the expiration of all education and training provided in chapter 33 of this title. Such agency may be the agency designated or created in accordance with section 1641 of this title", and substituting therefor "chapters 34 and 35 of this title"; (7) striking out in the first sentence of section 1772(a) the phrase "under subchapter V of this chapter" and inserting in lieu thereof "under subchapter V of chapter 35 of this title"; and

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striking out the phrase "this chapter" the first twO' times it appears in the first sentence of such section 1772(a), and each time such phrase appears in the second, third and fourth sentences of such section 1772(a), and each time such phrase appears in section 1772(b) and in sections 1773 and 1774, and inserting in lieu thereof "chapters 34 and 35"; (8) striking out in sections 1772, 1774, and 1775, each time it appears, the phrase "eligible person" and substituting therefor "eligible person or veteran"; (9) striking out in section 1776 "1653 or"; (10) deleting from the analysis appearing at the head of chapter 35 of such title: "1726. Institutions listed by the Attorney General." and "1763. Control by agencies of the United States. "1764. Conflicting interests. "1765. Reports by institutions. "1766. Overpayments to eligible persons. "1767. Examination of records. "1768. False or misleading statements, "SUBCHAPTER VII — S T A T E APPROVING AGENCIES

"1771. "1772. "1773. "1774. "1775. "1776. "1777. "1778.

Designation. Approval of ccturses. Cooperation. Reimbursement of expenses. Approval of accredited courses. Approval of nonaccredited courses. Notice of approval of courses. Disapproval of courses."

(11) striking out the term "eligible persons" in sections 1773 (a) and 1774 and inserting in lieu thereof "eligible persons or veterans". (b) Title 38 of the United States Code is further amended by adding immediately following section 1778, the following new subchapter: "Subchapter II—Miscellaneous Provisions "No educational assistance allowance or special training allowance shall be paid on behalf of any eligible person or veteran under chapter 34 or 35 of this title for any period during which such person or ^"'^' P- ^^• veteran is enrolled in and pursuing a program of education or course paid for by the United States under any provision of law other than such chapters, where the payment of an allowance would constitute a duplication of benefits paid from the Federal Treasury to the eligible person or veteran or to his parent or guardian in his behalf. "§1782. Control by agencies of the United States "No department, agency, or officer of the United States, in carrying out this chapter, shall exercise any supervision or control, whatsoever, over any State approving agency, or State educational agency, or any educational institution. Nothing in this section shall be deemed to prevent any department, agency, or officer of the United States from exercising any supervision or control which such department,
 * §1781. Nonduplication of benefits

21

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Ante, p. 12.

PUBLIC LAW 89-358-MAR. 3, 1966

[80 STAT.

agency, or officer is authorized by law to exercise over any Federal educational institution or to prevent the furnishing of education under chapter 34 or 35 of this title in any institution over which supervision or control is exercised by such other department, agency, or officer under authority of law. "§ 1783. Conflicting interests " (a) Every officer or employee of the Veterans' Administration who has, while such an officer or employee, owned any interest in, or received any wages, salary, dividends, profits, gratuities, or services from, any educational institution operated for profit in which an eligible person or veteran was pursuing a program of education or course under chapter 34 or 35 shall be immediately dismissed from his office or employment. "(b) If the Administrator finds that any person who is an officer or employee of a State approving agency has, while he was such an officer or employee, owned any interest in, or received any wages, salary, dividends, profits, gratuities, or services from, an educational institution operated for profit in which an eligible person or veteran was pursuing a program of education or course under chapter 34 or 35 of this title, he shall discontinue making payments under section 1774 of this title to such State approving agency unless such agency shall, without delay, take such steps as may be necessary to terminate the employment of such person and such payments shall not be resumed while such person is an officer or employee of the State approving agency, or State department of veterans' affairs or State department of education. " (c) A State approving agency shall not approve any course offered by an educational institution operated for profit, and, if any such course has been approved, shall disapprove each such course, if it finds that any officer or employee of the Veterans' Administration or the State approving agency owns an interest in, or receives any wages, salary, dividends, profits, gratuities, or services from, such institution. " (d) The Admmistrator may, after reasonable notice and public hearings, waive in writing the application of this section in the case of any officer or employee of the Veterans' Administration or of a State approving agency, if he finds that no detriment will result to the United States or to eligible persons or veterans by reasons of such interest or connection of such officer or employee. "§ 1784. Reports by institutions "Educational institutions shall, without delay, report to the Administrator in the form prescribed by him, the enrollment, interruption, and termination of the education of each eligible person or veteran enrolled therein under chapter 34 or 35. "§ 1785. Overpayments to eligible persons or veterans "Whenever the Administrator finds that an overpayment has been made to an eligible person or veteran as the result of (1) the willful or negligent failure of an educational institution to report, as required by chapter 34 or 35 of this title and applicable regulations, to the Veterans' Administration excessive absences from a course, or discontinuance or interruption of a course by the eligible person or veteran, or (2) false certification by an educational institution, the amount of such overpayment shall constitute a liability of such institution, and may be recovered in the same manner as any other debt due the United States. Any amount so collected shall be reimbursed if the overpayment is recovered from the eligible person or veteran. This section shall not preclude the imposition of any civil or criminal liability under this or any other law.

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23

"§1786. Examination of records "The records and accounts of educational institutions pertaining to eligible persons or veterans who received education under chapter 34 or 35 of this title shall be available for examination by duly author- Ante, p. 12. ized representatives of the Government. "§ 1787. False or misleading statements "Whenever the Administrator finds that an educational institution has willfully submitted a false or misleading claim, or that a person or veteran, with the complicity of an educational institution, has submitted such a claim, he shall make a complete report of the facts of the case to the appropriate State approving agency and, where deemed advisable, to the Attorney General of the United States for appropriate action. "§1788. Advisory committee "There shall be an advisory committee formed by the Administrator which shall be composed of persons who are eminent in their respective fields of education, labor^ and management, and of representatives of the various types of institutions and establishments furnishing vocational rehabilitation under chapter 31 of this title or education A* "^^ ^^°^ ^' to eligible persons or veterans enrolled under chapter 34 or 35 of this seq. title. The Commissioner of Education and the Administrator, Manpower Administration, Department of Labor, shall be ex officio memDers of the advisory committee. The Administrator shall advise and consult with the committee from time to time with respect to the administration of this chapter and chapters 31, 34, and 35 of this title, and the committee may make such reports and recommendations as it deems desirable to the Administrator and to the Congress. "§ 1789. Institutions listed by Attorney General "The Administrator shall not approve the enrollment of, or payment of an additional assistance allowance to, any eligible veteran or eligible person under chapter 34 or 35 of this title in any course in an educational institution while it is listed by the Attorney General 18 F.R. 2489. under section 12 of Executive Order 10450. 5 USC 631 note. "§ 1790. Use of other Federal agencies "In carrying out his functions under this chapter or chapter 34 or 35 of this title, the Administrator may utilize the facilities and services of any other Federal department or agency. Any such utilization shall be pursuant to proper agreement with the Federal department or agenc;^ concerned; and payment to cover the cost thereof shall be made either in advance or by way of reimbursement, as may be provided in such agreement." SEC. 4. (a) Chapter 33 of title 38, United States Code, is hereby ^°^^^" conflict. f ^ repeaieCl,

R e p e a l of certain provisions.

(b) Nothing in this Act or any amendment or repeal made by 38 USC leoiit, shall affect any right or liability (civil or criminal) which matured ^^^^' under chapter 33 of title 38 before the date of enactment of this Act: and all offenses committed, and all penalties and forfeitures incurred, under any provision of law amended or repealed by this Act, may be punished or recovered, as the case may be, in the same manner and with the same effect as if such amendments or repeals had not been made. (c) The analyses of title 38, United States Code, and of part III thereof, are both amended by (1) striking out ".33. Education of Korean (\>uflict Veterans

1601'";

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PUBLIC LAW 89-358-MAR. 3, 1966

[80 STAT.

(2) inserting in lieu thereof5 "34. Veterans' Educational Assistance

1650";

and (3) inserting immediately after ••.35. War Orphans' Kdticational Assistance

1701"

the following: ",36. Administration of Educational Benefits

72 Stat. 1106.

1770".

((J) Section 101 of such title 38, United States Code, is amended by adding the following sentence to paragraph (20) thereof: "For the purpose of section 903 and chapters 34 and 35 of this title, such term also includes the Canal Zone." (e) Section 102(a)(2) of such title 38 is amended by striking out "Except for the purposes of chapter 33 of this title, dependency" and inserting in lieu thereof "Dependency". (f) Section 102(b) of such title 38 is amended by striking out "(except chapters 19 and 33)", and inserting in lieu thereof, "(except chapter 19)". (g) Section 111(a) of such title 38 is amended by striking out "33" and inserting in lieu thereof "34". (h) Section 211(a) of such title 38 is amended by striking out "775, 784, 1661, 1761" and inserting in lieu thereof "775, 784". (i) Section 903(b) of such title 38 is amended by deleting the last sentence thereof. (j) Section 1701 of such title 38 is amended (1) by striking out "1013(c)(1) of title 50" in subsection (a)(3)(C) and inserting in lieu thereof "511(d) of title 10" (2) by striking out paragraphs (8) and (9) in subsection (a) thereof and redesignating paragraph (10) of such subsection as paragraph (8) and (3) by striking out "and prior to the end of the induction period" in subsections (a)(1) and (d) thereof. (k) Section 1711(b) of such title 38 is amended by striking out "33" and inserting in lieu thereof "34", and by inserting immediately before the period at the end thereof the following: "or under chapter 33 of this title as in effect before February 1, 1965". (1) Section 1731 of title 38, United States Code, is amended by striking out subsection (c) thereof and inserting immediately after subsection (b) the following new subsections: "(c) The Administrator may, pursuant to such regulations as he may prescribe, determine enrollment in, pursuit of, and attendance at, any program of education or course by an eligible person for any period for which an educational assistance allowance is paid on behalf of such eligible person under this chapter for pursuing such program or course. " (d) No educational assistance allowance shall be paid on behalf of an eligible person enrolled in a course in an educational institution which does not lead to a standard college degree for any period until the Administrator shall have received— "(1) from the eligible person a certification as to his actual attendance during such period; and "(2) from the educational institution, a certification, or an endorsement on the eligible person's certificate, that he was enrolled in and pursuing a course of education during such period. "(e) Educational assistance allowances shall be paid as soon as practicable after the Administrator is assured of the eligible person's enrollment in and pursuit of the program of education for the period for which such allowance is to be paid."

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(m) Section 1734 of such title 38 is amended by (1) striking out "33" in subsection (a) and inserting in lieu thereof "34", and (2) striking out "1634" in subsection (b) and inserting in lieu thereof "1684". (n) Section 1735 of such title 38 is amended to read as follows: "An eligible person shall receive the benefits of this chapter while enrolled in a course of education offered by an educational institution only if such course (1) is approved in accordance with the provisions of subchapter I of chapter 36 of this title, or (2) is approved for the enrollment of the particular individual under the provisions of section 1737 of this title." (o) Section 1736 of such title 38 is amended by (1) striking out " (a) ", (2) striking out all of subsection (b) thereof, and (3) inserting after the phrase "this chapter", both times it appears, the following: ", or of chapter 36 of this title,". (p) Section 3013 of this title 38 is amended by striking out "33" and inserting in lieu thereof "34".

25 ^2 Stat. 1199.

Ante, p. 20.

GUARANTEED H O M E AND F A R M LOANS

SEC. 5. (a) Chapter 37 of title 38 of the United States Code is amended by inserting immediately after section 1817 the following new section: "§ 1818. Veterans who serve after January 31, 1955 " (a) Each eligible veteran, as defined in paragraphs (1) and (2) of subsection (a) of section 1662 of this title, shall be eligible for the benefits of this chapter (except sections 1813 and 1815, and business loans under section 1814, of this title), subject to the provisions of this section. " (b) Entitlement under subsection (a), (1) shall cancel any unused entitlement under other provisions of this chapter derived from service during World W a r II or the Korean conflict, and (2) shall be reduced by the amount by which entitlement from service during World W a r II or the Korean conflict has been used to obtain a direct, guaranteed, or insured loan— " (A) on real property which the veteran owns at the time of application; or " (B) as to which the Administrator has incurred actual liability or loss, unless in the event of loss or the incurrence and payment of such liability by the Administrator the resulting indebtedness has been paid in full. "(c)(1) Entitlement to the benefits of this section will expire as follows: " (A) Ten years from the date of discharge or release from the last period of active duty of the veteran, any part of which occurred after January 31, 1955, plus an additional period equal to one year for each three months of active duty performed by the veteran after such date, except that entitlement shall not continue in any case after twenty years from the date of the veteran's discharge or release from his last period of active duty, nor shall entitlement expire in any case prior to the date ten years after the date of enactment of this Act; or " (B) Twenty years from the date of the veteran's discharge or release for a service-connected disability from a period of active duty, any part of which occurred after January 31, 1955. " (C) Direct loans authorized by this section shall not be made after January 31, 1976, except pursuant to commitments issued by the Administrator on or before that date.

38 USC 1801 et seq.

Ante,

p. 13.

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74 Stat. 532.

72 Stat. 1211.

75 Stat. 2 0 1.

PUBLIC LAW 89-358-MAR. 3, 1966

[80 STAT.

"(2) If a loan report or application for loan guaranty is received by the Administrator before the date of expiration of the veteran's entitlement, the loan may be guaranteed under this chapter after such date. "(d.) A fee shall be collected from each veteran obtaining a loan guaranteed or made under this section, and no loan shall be guaranteed or made under this section until the fee payable with respect to such loan has been collected and remitted to the Administrator. The amount of the fee shall be established from time to time by the Administrator, but shall in no event exceed one-half of 1 per centum of the total loan amount. The amount of the fee may be included in the loan to the veteran and paid from the proceeds thereof. The Administrator shall deposit all fees collected hereunder in the revolving fund established under the provisions of section 1824 of this title. "(e) Notwithstanding any of the provisions of this section, a veteran deriving entitlement under t)his section shall not be required to pay the fee prescribed by subsection (d) and such entitlement shall include eligibility for any of the purposes specified in sections 1813 and 1815, and business loans under section 1814 of this title, if (1) the period of his entitlement to the benefits of this chapter based on service during World W a r II or the Korean conflict has not expired under section 1803(a)(3), and (2) he has not used any of his entitlement derived from such service.'' (b) The table of sections at the beginning of chapter 37 of such title is amended by inserting immediately below "1817. Release from liability under guaranty."

the following: •"1818. Veterans who serve after January 31, 1955."

12 USC ^709 75 Stat. 201.'

(c) Section 1822(a) of such title is amended by striking out "or 1813", and inserting in lieu thereof "1813, or 1818". (d) Section 1803(c)(1) of title 38, United States Code, is amended by striking out ", with the approval of the Secretary" and all that follows through the end thereof and inserting in lieu thereof the following: "may from time to time find the loan market demands; except that such rate shall in no event exceed that in effect under the provisions of section 203(b)(5) of the National Housing Act." (e) Section 1811(d) of such title is amended by striking out "$15,000" each place where it appears therein and inserting in lieu thereof in each such place "$17,500". (f)(1) Subchapter III of chapter 37 of such title is amended by adding at the end thereof the following new section: " (a) The Administrator shall not, unless he first obtains the consent in writing of an individual, set off against, or otherwise withhold from, such individual any benefits payable to such individual under any law administered by the Veterans' Administration because of liability allegedly arising out of any loan made to, assumed by, or guaranteed or insured on account of, such individual under this chapter. " (b) No officer, employee, department, or agency of the United States shall set off against, or otherwise withhold from, any veteran or the widow of any veteran any payments (other than benefit payments under any law administered by the Veterans' Administration) which such veteran or widow would otherwise be entitled to receive because of any liability to the Administrator allegedly arising out of any loan made to, assumed by, or guaranteed or insured on account
 * '§ 1826. Withholding of payments, benefits, etc.

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27

of, such veteran or widow under this chapter, unless (1) there is first received the consent in writing of such veteran or widow, as the case may be, or (2) such liability and the amount thereof was determined by a court of competent jurisdiction in a proceeding to which such veteran or widow was a party." (2) The analysis of subchapter III of such chapter 37 is amended by adding at the end thereof the following: "1826. Withholding of payments, benefits, etc." JOB COUNSELING

SEC. 6. (a) The heading of chapter 41 of title 38, United States Code, is amended by deleting:

38 USC 20012005.

"CHAPTER 41—UNEMPLOYMENT B E N E F I T S FOR VETERANS" and inserting therefor: "CHAPTER 4 1 - - J 0 B COUNSELING A N D EMPLOYMENT PLACEMENT SERVICE FOR VETERANS" (b) The analyses of title 38, United States Code, and of part III thereof, are amended by deleting: •'41. Unemployment Benefits for Veterans

2001"

and inserting therefor: •'41. Job Counseling and Employment Placement Service for Veterans 2001". (c)(1) Section 2001 of title 38, United States Code, clauses (3) and (5) of section 2002 of such title, and sections 2003 and 2004 of such title are amended by inserting the phrase "or of service after January 31, 1955" immediately after the phrase "veterans of any war" each time such phrase appears therein. (2) The first sentence of section 2002 of such title 38 is amended by inserting the phrase "or of service after January 31, 1955" immediately after the phrase "veteran of any war". (3) Clauses (1) and (4) of section 2002 of such title 38 are amended by inserting the phrase "or of service after January 31, 1955," immediately after the phrase "veterans of any war" each time such phrase appears in such clauses.

76 Stat. sss.

W A R T I M E P R E S U M P T I O N S FOR VETERANS SERVING AFTER J A N U A R Y 31, 1955

SEC. 7. (a) Subchapter IV of chapter 11 of title 38, United States Code, is amended by adding at the end thereof the following new section: "§337. Wartime presumptions for certain veterans " For the purposes of this subchapter and subchapter V of this chapter and notwithstanding the provisions of sections 332 and 333 of this subchapter, the provisions of sections 311, 312, and 313 of this chapter shall be applicable in the case of any veteran who served in the active military, naval, or air service after January 31, 1955." (b) The analysis of such subchapter which appears in such chapter is amended by adding at the end thereof the following:

^^ Stat. 1122.

"337. Wartime presumptions for certain veterans." M E D I C A L CARE

SEC. 8. Section 610(a)(1)(B) and section 610(b)(2) of title 38, United States Code, are each amended by inserting "or of service after 76 Stat. asi; January 31, 1955," immediately after "veteran of any war". 72 Stat. l u i.

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PUBLIC LAW 89-359-MAR. 7, 1966

[80 STAT.

DECEASED VETERANS—FLAGS 72 Stat. 1169; 75 Stat. 512.

SEC. 9. Section 901(a)(1) of title 38, United States Code, is amended by striking out "or of Mexican border service" and inserting in lieu thereof ", of Mexican border service, or of service after January 31, 1955". SOLDIERS' AND SAILORS' CIVIL RELIEF ACT

54 Stat. 1181.

SEC. 10. Subsection (1) of section 300 of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended (50 App. U.S.C. 530), is amended by striking out "$80" and inserting in lieu thereof "$150". VETERANS' PREFERENCE

64 Stat. 1117.

72 Stat. 1106.

77 Stat. 135.

SEC. 11. Section 2 of the Veterans' Preference Act of 1944, as amended (5 U.S.C. 851), is amended by striking out "and" at the end of clause (5) and by striking out the period at the end of such section and inserting in lieu thereof a semicolon and the following: "and (7) those ex-service men and women who have served on active duty (as defined in section 101(21) of title 38, United States Code) at any time in any branch of the Armed Forces of the United States for a period of more than one hundred and eighty consecutive days after January 31, 1955, not including service under the provisions of section 511 (d) of title 10, United States Code, pursuant to an enlistment in the Army National Guard or the Air National Guard or as a Reserve for service in the Army Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve, and who have been separated from such Armed Forces under honorable conditions." EFFECTIVE DATES

Ante, p. 20.

SEC. 12. (a) Except as otherwise specifically provided, the provisions of this Act shall take effect on the date of its enactment, but no educational assistance allowance shall be payable under chapter 34 of title 38, United States Code, as added by section 2 of this Act, for any period before June 1, 1966, nor for the month of June 1966, unless (1) the eligible veteran commenced the pursuit of the course of education on or after June 1, 1966, or (2) the pursuit of such course continued through June 30, 1966. (b) The provisions of section 1765(b) of title 38, United States Code, as in effect immediately before the enactment of this Act, shall remain in effect through May 31, 1966. Approved March 3, 1966. Public Law 89-359

» u.,n.. March 7, 1966 [H. R. 10185]

IRC 1939, "53"s^l"i3 6.

53 Stat. 437. 53 Stat. 132.

AN ACT Ameiuling certain estate tax provisions of the I n t e r n a l Revenue Code of 1939.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress oMsembled^ That (a) the last sentence of section 894(a) of the Internal Revenue Code of 1939 (relating to the penalty in the case of a false or fraudvilent estate tax return) is amended to read as follows: "If any part of any deficiency is due to fraud with intent to evade tax, then 50 per centum of the total amount of the deficiency (in addition to such deficiency) shall be assessed, collected, and paid, in lieu of the 50 per centum addition to ^j^g ^^^ provided in section 3612(d)(2)." (b) Section 871(i) of such code (relating to method of assessment) is amended by striking out "section 3612(d)(2) " and inserting in lieu thereof "section 894(a)''-

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 80 STAT.]

PUBLIC LAW 8 9 - 3 6 1 - M A R. 7, 1966

(c) The amendments made by this Act shall be applicable with respect to estates of decedents subject to the provisions of chapter 3 of the Internal Revenue Code of 1939. No interest shall be paid or allowed on any refund or credit of any overpayment attributable to such amendments. Approved March 7, 1966.

29

53 Stat. 119.

Public Law 89-360 AN ACT To extend the statutory burial allowance to certain veterans whose deaths occur as a result of a service-connected disability.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 902(a) of title 38, United States Code, is amended to read as follows: " (a) Where a veteran dies— "(1) of a service-connected disability; or "(2) who was (A) a veteran of any war; (B) discharged from the active military, naval, or air service for a disability incurred or aggravated in fine of duty; or (C) in receipt of (or out for the receipt of retirement pay would have been entitled to) disability compensation; the Administrator, in his discretion, having due regard to the circumstances in each case, may pay a sum not exceeding $260 to such person as he prescribes to cover the burial and funeral expenses of the deceased veteran and the expense of preparing the bodj and transporting it to the place of burial. For the purpose of this subsection. the term 'veteran' includes a person who died during a period deemed to be active military, naval, or air service under section 106(c) of this title."

March 7, 1966 [H. R. iiooe]

Veterans. Burial allowance.

^2 Stat. 1169

75 Stat. 219.

Approved March 7, 1966.

Public Law 89-361 AN ACT To provide statutory authority for the Deputy Administrator of Veterans' Affairs to assume the duties of Administrator during the absence or disability of the Administrator, or during a vacancy in that office, and for other purposes.

March 7, 1966 [H. R. iioo?]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section • ^^^^^'^l^^^'^"''' 210 of title 38, United States Code, is amended by adding a new eran^s°A°fairt. 72 Stat. 1114. subsection (d) to read as follows: " (d) There shall be in the Veterans' Administration a Deputy Administrator of Veterans' Affairs who shall be appointed by the Administrator. The Deputy Administrator shall perform such functions as the Administrator shall designate and, unless the President shall designate another officer of the Government, shall be Acting Administrator of Veterans' Affairs during the absence or disability of the Administrator or in the event of a vacancy in the office of Administrator." (b) The catchline of such section 210 is amended by adding "; Deputy Administrator" at the end thereof. (c) The analysis at the head of chapter 3 of such title 38, regarding section 210, is amended by deleting the period at the end thereof and inserting the following: "; Deputy Administrator. " 65-300 0-67—5

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PUBLIC LAW 89-362-MAR. 7, 1966

[80 STAT.

SEC. 2. (a) Section 212(a) of such title 38 is amended by inserting immediately after the word "delegate", in the first sentence thereof, the following: ", or authorize successive redelegation of,". (b) Such section 212(a) is further amended by inserting ", redelegations," immediately after the word "delegations" in the second seiitence thereof. Approved March 7, 1966.

Public Law 89-362 March 7, 1966 [H.R. 11747]

AN ACT rj^o amend section 3203, title 38, United States Code, to restrict the conditions under which benefits are immediately reduced upon readmission of veterans for hospitalization or other institutional care.

Be it enacted by the Senate and House of Representatives of the ^''^^t^d States of America in Congress assembled, That the last senbenTfur"""" " tence of section 3203(a)(1) of title 38, United States Code, is amended 72 Stat. 1234. j^y deleting the comma immediately after the words "upon a succeeding readmission for treatment or care" and inserting "within six months from the date of such departure,". 78 Stat. 504. gj,^. 2. Section 3203(f) of title 38, United States Code, is amended by deleting the comma immediately after "admitted to hospitalization" in the third sentence and inserting "within six months from the date of such departure,". Applicability. gj,^,^ 3 rpj^^ amendments made by this Act shall also apply to cases in which pension eligibility is subject to the provisions of section 73 Stat. 436. 38 USC S21note 9(b) of the Veterans' Pension Act of 1959. Approved March 7, 1966. Veterans. Hospitalization

Public Law 89-363 March 7, 1966

[s. 1904]

Indians of cei^ tain Pueblos

Land^."'""

Publication in Federal Register.

^ ^

^^'^

To authorize the Secretary of the Interior to give to the Indians of the Pueblos of Acoma, Sandia, Santa Ana, and Zia the beneficial interest in certain federally owned lands heretofore set aside for school or ~ administrative purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That when the following identified lands (other than the mineral interests specifically excluded in the identification), which were set aside for school or administrative purposes, are no longer needed by the United States for the administration of Indian Affairs, the Secretary of the Interior is authorized to declare, by publication of a notice in the Federal Kegister, that the title of the United States to such lands and improvements shall thereafter be held in trust for the Indians of the Pueblos of Acoma, Sandia, Santa Ana, and Zia as follows: (1) Acomita day school site comprising three and five-tenths acres, more or less, to the Indians of the Pueblo of Acoma; (2) Sandia school site comprising sixty-three one-hundredths of an acre, more or less, to the Indians of the Pueblo of Sandia; (3) Santa Ana school site comprising two and eighty-one onehundredths acres, more or less, excluding mineral interests therein, located within the E l Ranchito grant, to the Indians of the Pueblo of Santa A n a; and

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 80

STAT.]

PUBLIC LAW 89-364-MAR. 8, 1966

(4) Administrative site in the Borrego grant, comprising four hmidred and twenty-eight acres, more or less, excluding minerals therein, to the Indians of the Pueblo of Zia. 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 lands and improvements placed in a trust status under the authority of this Act should or should not be set off against any claim against the United States determined by the Commission. Approved March 7, 1966.

31

" u s e 70a.

Public Law 89-364 JOINT RESOLUTION To cancel any unpaid reimbursable construction costs of the Wind River Indian irrigation project, Wyoming, chargeable against certain non-Indian lands.

March 8, 1966

[s. j. Res. 9]

Resolved by the Senate and House of Representatives of the United Wind River States of America in Congress assembled, That (a) all reimbursable dian ^ ^ ^^^ irrigationIn^ construction costs heretofore incurred at the Wind Kiver Indian irri- proj'ectVVyo"' gation project, Wyoming, shall be allocated against the total irrigable ^^^"s"^^""" acreage in the project according to the present land classifications. (b) The costs so allocated to land that passed out of Indian ownership prior to March 7, 1928, shall be canceled by the Secretary of the Interior if the patent from the United States contained no recital to the effect that the land is subject to irrigation construction charges, and the purchaser did not sign a contract to pay construction charges. Such cancellation, however, shall take effect with respect to any individual landowner when and only when the said owner obligates himself, his heirs, and assigns by contract satisfactory in form and substance to the Secretary that he will pay all reasonable construction charges incurred after the date of this Act in connection with the Wind River Indian irrigation project which are allocated to his land as provided in this Act and that such charges, if not paid, shall be a lien against the land. (c) Land that passed out of Indian ownership prior to March 7, ^^"'^ subject to 1928, shall, if the patent from the United States contains a recital to the effect that the land is subject to irrigation construction charges, either past or future, be subject to a lien in favor of the United States for such charges. (d) Reimbursable construction charges hereafter incurred at the constmc't-^on''^^ Wind River Indian irrigation project, Wyoming, shall be allocated charges! '°" against all irrigable acreage in the project according to land classifications then in effect, shall be a lien against the land, and shall not be subject to cancellation on the ground that the land was conveyed with a paid-up construction charge. Any such paid-up construction charge shall be deemed to mean a construction charge incurred prior to the date of this Act. Approved March 8, 1966.

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PUBLIC LAW 89-365-MAR. 8, 1966

[80 STAT.

Public Law 89-365 March 8, 1966 [H. R. 10625]

Uniformed services. Family protection plan, tax treatment. 78 Stat. 38. 26 USC 101-122.

AN ACT Relating to the tax treatment of certain amounts paid to certain members and former members of the uniformed services and to their survivors.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a)(1) part III of subchapter B of chapter 1 of the Internal Revenue Code of 1954 (relating to items specifically excluded from gross income) is amended by redesignating section 122 as section 123, and by inserting after section 121 the following new section: "SEC. 122. CERTAIN REDUCED UNIFORMED SERVICES RETIREMENT PAY. " (a) GENERAL RULE. — I n the case of a member or former member

70A Stat. 109. 10 USC 14311446.

of the uniformed services of the United States who has made an election under chapter 73 of title 10 of the United States Code to receive a reduced amount of retired or retainer pay, gross income does not include the amount of any reduction after December 31, 1965, in his retired or retainer pay by reason of such election. "(b)

68A Stat. 20; 76 Stat. 8 2 1.

70A Stat. 110.

SPECIAL RULE. — "(1) AMOUNT EXCLUDED FROM GROSS INCOME.—In the case of

any individual referred to in subsection (a), all amounts received after December 31, 1965, as retired or retainer pay shall be excluded from gross income until there has been so excluded an amount equal to the consideration for the contract. The preceding sentence snail apply only to the extent that the amounts received would, but for such sentence, be includible in gross income. " (2) CONSIDERATION FOR THE CONTRACT.—For purposes of paragraph (1) and section 72(o), the term 'consideration for the contract' means, in respect of, any individual, the sum of— " (A) the total amount of the reductions before January 1, 1966, in his retired or retainer pay by reason of an election under chapter 73 of title 10 of the United States Code,-and " (B) any amounts deposited at any time by him pursuant to section 1438 of such title 10." ,(2) The table of sections for such part III is amended by striking out the item relating to section 122 and inserting in lieu thereof the following: "Sec. 122. Certain reduced uniformed services retirement pay. "Sec. 123. Cross references to other Acts."

(b) Section 72 of such Code (relating to tax treatment of annuities) is amended by redesigiiating subsection (o) as subsection (p), and by inserting after subsection (n) the following new subsection: "(o) ANNUITIES UNDER RETIRED SERVICEMAN'S FAMILY PROTECTION

Supra-

68A Stat. 27.

PLAN.—Subsections (b) and (d) shall not apply in the case of amounts received after December 31, 1965, as an annuity under chapter 73 of title 10 of the United States Code, but all such amounts shall be excluded from gross income until there has been so excluded (under section 122(b)(1) or this section, including amounts excluded before January 1, 1966) an amount equal to the consideration for the contract (as defined by section 122(b)(2)), plus any amount treated pursuant to section 1 0 1 (b)(2)(D) as additional consideration paid by the employee. Thereafter all amounts so received shall be included in gross income." (c) Section 101(b)(2)(D) of such Code (relating to special rules for employees' death benefits) is amended by adding at the end thereof the following new sentence: "Paragraph (1) shall not apply in, the case of an annuity under chapter 73 of title 10 of the United States Code if

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 80 STAT.]

PUBLIC LAW 8 9 - 3 6 6 - M A R. 10, 1966

the individual who made the election under such chapter died after attaining retirement age." (d) The amendments made by subsections (a) and (b) shall apply with respect to taxable years ending after December 31, 1965. The amendment made by subsection (c) shall apply with respect to individuals making an election under chapter 73 of title 10 of the United States Code who die after December 31, 1965. SEC. 2. (a) Section 2039(c) of the Internal Revenue Code of 1954 (relating to exclusion from gross estate of annuities under certain trusts and plans) is amended— (1) Dy striking out "or" at the end of paragraph (2), by striking out the period at the end of paragraph (3) and inserting in lieu thereof "; or", and by adding at the end thereof the following new paragraph: "(4) chapter 73 of title 10 of the United State Code."; (2) by striking out "or under a contract described in paragraph (3) " in the second sentence and inserting in lieu thereof ", under a contract described in paragraph (3), or under chapter 73 of title 10 of the United States Code"; and (3) by inserting at the end thereof the following new sentence: "For purposes of this subsection, amounts payable under chapter 73 of title 10 of the United States Code are attributable to payments or contributions made by the decedent only to the extent of amounts deposited by him pursuant to section 1438 of such title 10." (b)(1) Section 2517(a) of such Code (relating to gift tax treatment of certain annuities under qualified plans) is amended by striking out "or" at the end of paragraph (2), by striking out the period at the end of paragraph (3) and inserting in lieu thereof "; or", and by adding at the end thereof the following new paragraph: " (4) chapter 73 of title 10 of the United States Code." (2) The first sentence of section 2517(b) of such Code (relating to transfers attributable to employee contributions) is amended by inserting "(other than paragraph (4)) " after "referred to in subsection (a)". (c) The amendments made by subsection (a) shall apply with respect to decedents dying after December 31, 1965. The amendments made by subsection (b) shall apply with respect to calendar years after 1965. Approved March 8, 1966.

33

10 USC 14311446.

70A Stat. 110.

Public Law 89-366 AN ACT

March 10, 196(5

To provide for the establishment of the Cape Lookout National Seashore in the State of North Carolina, and for other purposes.

^^- ^^^^

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That in order to ^^P^ Lookout preserve for public use and enjoyment an area in the State of North NX'.°"^ ^^^ °'^' Carolina possessing outstanding natural and recreational values, Establishment. there is hereby authorized to be established the Cape Lookout National Seashore (hereinafter referred to as "seashore"), which shall comprise the lands and adjoining marshlands and waters on the outer banks of Carteret County, North Carolina, between Ocracoke Inlet and Beaufort Inlet, as generally depicted on the map entitled "Proposed Boundaries—Proposed Cape Lookout National Seashore", dated

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PUBLIC LAW 89-366-MAR. 10, 1966

[80 STAT.

April 19645 and numbered NS-CL-7101-B, which is on file in the Office of the National P a r k Service, Department of the Interior: Provided, however, That such seashore shall not include those lands and interests in lands which are bounded on the north by the southerly boundary of the Cape Lookout lighthouse property, on the east by a line located seven hundred and fifty feet inland from the mean high water line of the Atlantic Ocean, on the south by the northerly boundary of property now owned or leased by the United States Coast Guard and other Federal agencies, and on the west by the easterly boundary of property of the Thomas Gold heirs (as shown on a map prepared by J. G. Hassell in October 1961 and recorded at page 4 of Map Book Numbered 6 in the office of the Register of Deeds, Carteret County, North Carolina) and the waters of Lookout Bight. noI-Fedeiauands ^^^* ^' ^^^ Notwithstanding any other provision of law. Federal transfer. ^ " ^' property located within the boundaries of the Cape Lookout National ' Seashore may, with the concurrence of the agency having custody thereof, be transferred to the administrative jurisdiction of the Secretary of the Interior for the purposes of the seashore. Such transfer shall be made without transfer of funds. Non-Federal lands, marshlands, waters, or interests therein located within the authorized seashore may be acquired by the Secretary of the Interior only through donation, except that he may purchase with donated or appropriated funds, or may acquire by exchange, the lands, marshlands, and waters or interests therein comprising the Shacklef ord Banks. I-iand donated by the State of North Carolina pursuant to this subsection shall constitute consideration for the transfer by the United States of 1.5 acres of land that is to be used as a site for a public health facility in the village of Hatteras, Dare County, North Carolina. r^eT^hanee'^^'^'"'' ^^) When acqulring lands by exchange, the Secretary may accept by e x c h a n g e. title to any non-Federal property within the boundaries of the seashore and convey to the grantor of such property any federally owned property in the State of North Carolina under his jurisdiction which he classifies as proper for exchange or other disposition. Failing to effectuate an exchange of properties of approximately equal fair market value, the Secretary may accept cash from or pay cash to the grantor in such an exchange in order to equalize the values of the properties exchanged. O w n e r s ' u s e of (c) Any person who on January 1, 1966, owned property which property. on July 1, 1963, was developed and used for noncommercial residential purposes may reserve for himself and his assigns, as a condition to the purchase or acquisition by exchange of such property by the Secretary, a right of use and occupancy of the residence and not in excess of three acres of land on which the residence is situated, for noncommercial residential purposes for a term ending at the death of the owner, or the death of his spouse, or the death of either of them, or, in lieu thereof, for a definite term not to exceed twenty-five years: Exclusion Provided, That the Secretary may exclude from such reserved proprights. erty any marsh, beach, or waters, together with so much of the land adjoining such marsh, beach, or waters as he deems necessary for public access thereto. The owner shall elect the term of the right to be reserved. The Secretary is authorized to accept donations of property for purposes of the seashore in which a right of use and occupancy for noncommercial residential purposes is reserved for the period stated in this subsection if the land on which the residence is situated and to which the right attaches is not in excess of three acres and there is excluded from the reserved property such marsh, beach, or waters and adjoining land as the Secretary deems necessary for public use and access thereto.

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PUBLIC LAW 89-366-MAR. 10, 1966

80 STAT.]

(d) A riffht of use and occupancy reserved in lands that are 1

^

1

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•

• !

^ •

•

i n i

1

^^"^ and occupancy rights.

donated or otherwise acquired pursuant to this section shall be subject to termination by the Secretary upon his determination that such use and occupancy is being exercised m a manner not consistent with the purjx)ses of this Act and upon tender to the holder of the right of an amount equal to the fair market value of that portion of the Beaufort, N.C. riglit which remains unexpired on the date of termination. administrative (e) The Secretary of the Interior is authorized to purchase with site. donated or appropriated funds, or acquire by exchange, not to exceed one hundred acres of lands or interests in lands at or near Beaufort, North Carolina, as an administrative site, and for a landing dock and reLated facilities that may be used to provide a suitable approach or access to the seashore. SEC. 3. When title to the lands and interests in lands which under ^.'^°"''5,' p^^iica.

_

,

,

/

,

,

.

.

,

•

i

(

.

,

i

i>,i

t i o n in Federal

section 2(a) of this Act may be acquired lor the purposes or the Register. seashore by donation only is vested in the United States, the Secretary shall declare the establishment of the Cape Lookout National Seashore by publication of notice thereof in the Federal Register. Such notice shall contain a refined description or map of the boundaries of the seashore as the Secretary may find desirable and such exterior Copies sent to boundaries shall encompass, as nearly as possible, the area generally C o n g r e s s. described in section 1 of this Act. Copies of said description or map shall be furnished to the Speaker of the House and the President of the Senate not less than thirty days prior to publication in the Federal Register. Following such establishment, and subject to the limitations and conditions prescribed in this Act, the Secretary may, subject to the provisions of section 2 hereof, acquire the remainder of the lands and interests in lands within the boundaries of the Hunting and fishing. seashore. SKC. 4. The Secretary shall permit hunting and fishing, including shellfishing, on lands, marshlands, and waters under his jurisdiction within the Cape I^ookout National Seashore in accordance with the laws of the State of North Carolina and the United States, to the extent applicable, except that the Secretary may designate zones where, and establish periods when, no hunting or fishing shall be permitted for reasons of public safety, administration, fish or wildlife management, or public use and enjoyment. Except in emergencies, any rules and regulations of the Secretary pursuant to this section shall be put into effect only after consultation with the North Carolina Wildlife Resources Commission and the North Carolina Administration. Department of Conservation and Development. SEC. 5. The Secretary shall administer the Cape Lookout National Seashore for the general purposes of public outdoor recreation, including conservation of natural features contributing to public enjoyment. In the administration of the seashore and the administrative site, the Secretary- may utilize such statutory authorities relating to areas administered and supervised by the Secretary through the National P a r k Service and such statutory authorities otnerwise available to him for the conservation and management of natural resources as he deems Shore erosion appropriate to carry out the purposes of this Act. control. SEC. 6. The authority of the Chief of Engineers, Department of the Army, to undertake or contribute to shore erosion control or beach protection measures within the Cape Lookout National Seashore shall he exercised in accordance with a plan that is mutually acceptable to the Secretary of the Interior and the Secretary of the Army, and that Appropriation. is consistent with the purposes of this Act. SEC. 7. There are hereby authorized to be appropriated not to exceed $3,200,000 for the acquisition and development of the seashore in accordance with the purposes of this Act. Approved March 10, 1966.

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PUBLIC LAW 89-367-MAR. 15, 1966

[80 STAT.

Public Law 89-367 March 15, 1966 —[H. R- 12889]

Armed Forces.

AN ACT rpQ authorize appropriations during the fiscal year 1966 for procurement of aircraft, missiles, naval vessels, tracked combat vehicles, research, development, test, evaluation, and military construction for the Armed Forces, and for other purposes.

Be it enacted by the Senate and House of Representatives United States of AmeHca in Congress assemhted^

of the

Supplemental

Toli!llion,\96i 79 Stat. 127.

TITLE I—PROCUREMENT SEC. 101. I n addition to the funds authorized to be appropriated under Public Law 89-37 there is hereby authorized to be appropriated during the fiscal year 1966 for the use of the Armed Forces of the United States for procurement of aircraft, missiles, naval vessels, and tracked combat vehicles in amounts as follows: AIECRAFT

For aircraft: for the Army, $825,600,000; for the Navy and the Marine Corps, $738,300,000; for the Air Force, $1,585,700,000. MISSILES

For missiles: for the Army, $64,000,000; for the Navy, $26,200,000; for the Marine Corps, $27,500,000; for the Air Force, $63,700,000. TRACKED COMBAT VEHICLES

For tracked combat vehicles: for the Amiy, $75,800,000; for the Marine Corps, $10,900,000. TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION SEC. 201. I n addition to the funds authorized to be appropriated under Public Law 89-37 there is hereby authorized to be appropriated during fiscal year 1966 for the use of the Armed Forces of the United States for research, development, test, and evaluation, as authorized by law, in amounts as follows: For the Army, $27,995,000; For the Navy (including the Marine Corps), $52,570,000; For the Air Force, $71,085,000. TITLE III—MILITARY CONSTRUCTION faJmtllTrr"* °^ SEC. 301. The Secretary of each military department may establish southeast Asia. or devclop military installations and facilities by acquiring, constructing, converting, rehabilitating, or installing permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment, which are necessary in connection with military activities in southeast Asia, or in support of such activities, in the total amount as follows: Department of the Armv, $509,7(X),000; Department of the Navy, $304.300,000; and Department of the Air Force, $274,100,000. fa^iiuie^^.''""'^ SEC. 302. The Secretary' of Defense may establish or develop installations and facilities which he determines to be vital to the security of the United States, and in connection therewith to acquire, construct,

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