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680

[78 STAT.

statutes at Large D.C. Code—1961 ed., section Date

1901—Mar. 3..

Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. DoDo. DoDo. Do. 1902—June 30. Do. Do. Do. Do. Do. Julyl.. 1920—Apr. 19. Do. Do. Do. 1944—Dec. 20. 1946—July 13. 1949—May 24. 1953—Apr. 28. 1956—July 2..

Chapter

864 864 854 864 854 854 864 854 864 854 864 854 854 854 864 854 854 854 854 854 854 864 854 864 864 854 864 864 864 854 864 864 854 864 854 864 854 854 854 864 1329 1329 1329 1329 1329 1329 1362 163 163 163 153 610 576 139 30 491

Section

Volume

431 432 433 434 434-A 436 436 437 438 439 440 441 442 443 444 478 479 479a 479b 480 481 482 1116 1117 1118 1120 1121 1122 1178 1179 1180 1181 1182 1183 1184 1185 1186 1271 1271 1389

127

1256 1266 1256 1266

31 31 31 31 31 31 31 31 31 31 31 31

1256 1267 1257 1257 1257 1258 1258 1258 1258 1258 1264 1266

31 31 31 31 31 31 31 31 31 31 31 31 31 31 31 31 31 31 31

1265 1265 1265 1367 1367 1367 1368 1368 1368 1377 1377 1377 1377 1378 1378 1378 1378 1378 1390 1404

530 530 542 542 542 543 610 1564 '565 »668 «568 819 534 107 23 482

28-2601 28-2602 28-2603 28-2604

28<-2605 28-2601 28-2602 28-2603 28-2604 28-2605 2»-260« 28-2607 28-2608 28-2600 28-2610 28-2401 28-2402 28-2403 28-2404 28-2406 28-2406 28-2407 28-3001 28-3002 28-3003 28-3101 28-3102 28-2103

28-2701 28-2702 28-2703 28-2704 28-2705 28-2706 28-2707 28-2708 28-2709 28-3005 28-3006 28-616 28-2406 28-2604 28-2703 28-2705 28-3006 28-616 28-2701 28-2403 28-2404 28-2702 28-2703 28-2605 28-616 28-2602 28-2804 28-2804

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Page:United States Statutes at Large Volume 78.djvu/723

 PUBLIC LAW 88-510-AUG. 30, 1964

78 STAT.] Date

1960—July 5 Do Do Do Do Do Do Do Do Do Do Do

-

Public Law 86-584 86-584 86-584 86-584 8&-584 86-584 86-584 86-584 86-584 86-584 86-584 86-584

Section

Volume

1 2 3 4 5 6 7 8 9 10 11 13

74 74 74 74 74 74 74 74 74 74 74 74

681 Page

322 322 322 323 323 323 324 324 324 324 324 324

D.C. Code—1961 ed., section 28-2321 28-2322 28-2323 28-2324 28-2325 28-2326 28-2327 28-2328 28-2329 28-2330 28-2321 note 28 2321 note

1 Beginning with line 36 and ending with line 10 on p. 565.' Lines 11-20. ' Lines 27-28. * Lines 29-38.

Approved August 30, 1964.

Public Law 88-510 AN ACT August 30„ 1964 [H. R, 946] To authorize the establishment of the Fort Bowie National Historic Site in the State of Arizona, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,) That the Secretary of the Interior is authorized to designate, for preservation as the Fort Bowie National Historic Site, the site and remaining historic structures of old Fort Bowie, situated in Cochise County, Arizona, together with such additional land, interests in land, and improvements thereon, as the Secretary in his discretion may deem necessary to accomplish the purposes of this Act: Provided, That the Secretary shall designate no more than one thousand acres for inclusion in said site. SEC. 2. Within the area designated pursuant to section 1 hereof, the Secretary of the Interior is authorized, under such terms, reservations, and conditions as he may deem satisfactory, to procure by purchase, donation, with donated funds, exchange, or otherwise, land and interests in land for the national historic site. When the historic remains of old Fort Bowie and all other privately owned lands within the aforesaid designated area have been acquired as provided in this Act, notice thereof and of the establishment of the Fort Bowie National Historic Site shall be published in the Federal Kegister. Thereupon all public lands within the designated area shall become a part of the Fort Bowie National Historic Site. SEC. 3. The Fort Bowie National Historic Site, as constituted under this Act, shall be administered by the Secretary of the Interior as a part of the national park system, subject to the provisions of the Act entitled "An Act to establish a National P a r k Service, and for other purposes", approved August 25, 1916 (39 Stat. 535), as amended, the Historic Sites Act of August 21^ 1936 (49 Stat. 666), and all laws and regulations of general application to historic areas within the national park system. SEC. 4. There is hereby authorized to be appropriated a sum not to exceed $550,000 to carry out the purposes of this Act. Approved August 30, 1964.

Fort Bowie National Historic Site, Ariz. Establishment.

Acquisition of land.

Publication in Federal Register.

Administration.

16 USC 1-4. 16 USC 461-467. Appropriation.

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Page:United States Statutes at Large Volume 78.djvu/724

 682

PUBLIC LAW 88-511-AUG. 30, 1964

[78 STAT.

Public Law 88-511 August 30, 1964 [H. R. 11579]

P u b l i c Works Appropriation Act, 1965.

AN ACT Making appropriations for certain civil functions administered by the Department of Defense, the Panama Canal, certain agencies of the Department of the Interior, the Atomic Energy Commission, the Saint Lawrence Seaway Development Corporation, the Tennessee Valley Authority and the Delaware River Basin Commission, for the fiscal year ending June 30, 1965, and for other purixjses.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1965, for certain civil functions administered by the Department of Defense, the Panama Canal, certain agencies of the Department of the Interior, the Atomic Energy Commission, the Saint Lawrence Seaway Development Corporation, the Tennessee Valley Authority, and the Delaware River Basin Commission, and for other purposes, namely: TITLE I—DEPARTMENT OF DEFENSE—CIVIL DEPARTMENT or THE ARMY CEMETERIAL EXPENSES SALARIES A N D

EXPENSES

For necessary cemeterial expenses as authorized by law, including maintenance, operation, and improvement of national cemeteries, and purchase of headstones and markers for unmarked graves; purchase of two passenger motor vehicles; maintenance of that portion of Congressional Cemetery to which the United States has title, Confederate burial places under the jurisdiction of the Department of the Army, and graves used by the Army in commercial cemeteries; $13,295,000: Provided, That this appropriation shall not be used to repair more than a single approach road to any national cemetery: Provided further, That this appropriation shall not be obligated for construction of a superintendent's lodge or family quarters at a cost per unit in excess of $17,000, but such limitation may be increased by such additional amounts as may be required to provide office space, public comfort rooms, or space for the storage of Government property within the same structure: Provided further, That reimbursement shall be made to the applicable military appropriation for the pay and allowances of any military personnel performing services primarily for the purposes of this appropriation. CORPS OF ENGINEERS—CIVIL

The following appropriations shall be expended under the direction of the Secretary of the Army and the supervision of the Chief of Engineers for authorized civil functions of the Department of the Army pertaining to rivers and harbors, flood control, beach erosion, and related purposes: GENERAL I N V E S T I G A T I O N S

For expenses necessary for the collection and study of basic information pertaining to river and harbor, flood control, shore protection, and related projects, and when authorized by law, surveys and studies of projects prior to authorization for construction, $22,194,000, to remain available until expended: Provided, That $210,000 of this

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Page:United States Statutes at Large Volume 78.djvu/725

 78

STAT.]

PUBLIC LAW 88-511-AUG. 30, 1964

683

appropriation shall be transferred to the United States Fish and Wildlife Service for studies, investigations, and reports thereon as required by the Fish and Wildlife Coordination Act of 1958 (72 Stat. 563-565) to provide that wildlife conservation shall receive equal con- nite.^^^ ^^^ sideration and be coordinated with other features of water-resource development programs of the Department of the Army. CONSTRUCTION, GENERAL

For the prosecution of river and harbor, flood control, shore protection, and related projects authorized by law; and detailed studies, and plans and specifications, of projects (including those for development with participation or under consideration for participation by States, local governments, or private groups) authorized or made eligible for selection by law (but such studies shall not constitute a commitment of the Government to construction); $939,943,200, to remain available until expended^ of which $64,000 shall be available for the readjustment and alteration of the facilities of the Broughton Mutual Telephone Co. to permit continued service to the present users not affected by the Milford Dam and Reservoir project; and of which not to exceed $131,500 shall be available for construction of a road from the new townsite of Lower Brule to Counsellor Cove, and such work is hereby authorized: Provided, That no part of this appropriation shall be used for projects not authorized by law or which are authorized by law limiting the amount to be appropriated therefor, except as may be within the limits of the amount now or hereafter authorized to be appropriated: Provided further, That $500,000 of this appropriation shall be transferred to the United States Fish and Wildlife Service for studies, investigations, and reports thereon as required by the Fish and Wildlife Coordination Act of 1958 (72 Stat. 563-565) to provide that wildlife conservation shall receive equal consideration and be coordinated with other features of water-resource development programs of the Department of the Army. OPERATION AND M A I N T E N A N C E,

Restriction.

GENERAL

For expenses necessary for the preservation, operation, maintenance, and care of existing river and harbor, flood control, and related works, including such sums as may be necessary for the maintenance of harbor channels provided by a State, municipality or other public agency, outside of harbor lines, and serving essential needs of general commerce and navigation; financing the United States share of the cost of operation and maintenance of the remedial works in the Niagara River; activities of the California Debris Commission; administration of laws pertaining to preservation of navigable waters; surveys and charting of northern and northwestern lakes and connecting waters; clearing and straightening channels; and removal of obstructions to navigation; $158,676,000, to remain available until expended. FLOOD CONTROL, H U R R I C A N E A N D SHORE PROTECTION

EMERGENCIES

For expenses necessary for emergency flood control, hurricane and shore protection activities, as authorized by section 5 of the Flood Control Act approved August 18, 1941, as amended, $4,150,000, to ^ %^^^^\ \^^' remain available until expended: Provided, That the unobligated 33 USC 70in. balance of funds heretofore appropriated for the foregoing purposes shall be merged with this appropriation.

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 684

PUBLIC LAW 88-511-AUG. 30, 1964

[78 STAT.

(lENERAL EXPENSES

For expenses necessary for general administration and related functions in the Office of the Chief of Engineers and offices of the Division Engineers; activities of the Board of Engineers for Rivers and Harbors and the Coastal Engineering Research Center; commercial statistics; and miscellaneous investigations; $15,575,000. FLOOD CONTROL, MISSISSIPPI RIVER A N D TRIBUTARIES

45 Stat. 534; 49 Stat. 1511.

For expenses necessary for prosecuting work of flood control, and rescue work, repair, restoration, or maintenance of flood control rojects threatened or destroyed by flood, as authorized by law (33 '.S.C. 702a, 702g-l), $77,862,000, to remain available until expended.

B

ADMINISTRATIVE PROVISIONS

Appropriations in this title shall be available for expenses of attendance by military personnel at meetings in the manner author5 USC 2318. ized by section 19(b) of the Act of July 7, 1958 (72 Stat. 336), uniforms, or allowances therefor, as authorized by the Act of Septem68 Stat. 1114. ber 1, 1954, as amended (5 U.S.C. 2131), and for printing, either during a recess or session of Congress, of survey reports authorized by law, and such survey reports as may be printed during a recess of Congress shall be printed, with illustrations, as documents of the next succeeding session of Congress; and during the current fiscal year the revolving fund, Corps of EngineerSj shall be available for purchase (not to exceed one hundred and sixty-seven for replacement only) and hire of passenger motor vehicles. THE PANAMA

CANAL

CANAL ZONE GOA^RNMENT OPERATING EXPENSES

72 Stat. 327.

For operating expenses necessary for the Canal Zone Government, including operation of the Postal Service of the Canal Zone; hire of passenger motor vehicles; uniforms or allowances therefor, as authorized by the Act of September 1, 1954, as amended (5 U.S.C. 2131); expenses incident to conducting hearings on the Isthmus; expenses of special training of employees of the Canal Zone Governmeut as authorized by law (5 U.S.C. 2301 et seq.); contingencies of the Governor; residence for the Governor; medical aid and support of the insane and of lepers and aid and support of indigent persons legally within the Canal Zone, including expenses of their deportation when practicable; maintaining and altering facilities of other Government agencies in the Canal Zone for Canal Zone Government use; and payments of not to exceed $50 in any one case to persons within the Government service who shall furnish blood for transfusions, $29,088,000. CAPITAL OUTLAY

For acquisition of land and land under water and acquisition, construction, and replacement of improvements, facilities, structures, and equipment, as authorized by law (2 C.Z. Code, Sec. 2; 2 C.Z. 76A Stat. 7,26. Code, Soc. 371), iiicluding the purchase of not to exceed fourteen passenger motor vehicles of which nine are for replacement only, and of which twelve are for police-type use without regard to the general purchase price limitation for the current fiscal year; improving

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Page:United States Statutes at Large Volume 78.djvu/727

 78 STAT.]

PUBLIC LAW 8 8 - 5 1 1 - A U G. 30, 1964

facilities of other Government agencies in the Canal Zone for Canal Zone Government use; and expenses incident to the retirement of such assets; $4,821,000, to remain available until expended: Provided, That notwithstanding the limitation under this head in the Second Supplemental Appropriation Act, 1961, appropriations for "capital outlay" may be used for expenses related to the construction of quarters of non-U.S. citizen employees at a unit cost not exceeding $16,500.

685

'^^ ^*^*- ^^•

PANAMA CANAL COMPANY CORPORATION

The Panama Canal Company is hereby authorized to make such expenditures within the limits of funds and borrowing authority available to it and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 849), as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for such corporation, including maintaining and improving facilities of other Government agencies in the Canal Zone for Panama Canal Company use.

^^ ^*^*- 5®'^-

LIMITATION ON GENERAL A N D ADMINISTRATIVE EXPENSES

Not to exceed $10,639,000 of the funds available to the Panama Canal Company shall be available during the current fiscal year for general and administrative expenses of the Company, including operation of tourist vessels and guide services, which shall be computed on an accrual basis. Funds available to the Panama Canal Companv for operating expenses shall be available for the purchase of not to exceed twenty-three passenger motor vehicles, of which eighteen are for replacement only, and for uniforms or allowances therefor, as authorized by the Act of September 1, 1954, as amended (5 U.S.C. 2131).

esstat. n u.

GENERAL PROVISIONS—THE PANAMA CANAL

The Governor of the Canal Zone is authorized to erhploy services as authorized by section 15 of the Act of August 2, 1946 (6 U.S.C. 55a), in an amount not exceeding $30,000: Provided, That the rates for individuals shall not exceed $100 per diem.

so Stat. sio.

TITLE II—DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE CONSTRUCTION

For an additional amount for "Construction" for the purposes set forth in the Act of August 7, 1946 (60 Stat. 885), $1,800,000.

16 USC vn-2.

BUREAU OF RECLAMATION

For carrying out the functions of the Bureau of Reclamation as rovided in the Federal reclamation laws (Act of June 17, 1902, 32 tat. 388, and Acts amendatory thereof or supplementary thereto) ^^^ ^^^ ^''^ and other Acts applicable to that Bureau, as follows:

S

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Page:United States Statutes at Large Volume 78.djvu/728

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PUBLIC LAW 88-511-AUG. 30, 1964

[78 STAT.

GKNEKAI. I N V E S T I G A T I O N S

16 USC 661 note

For engineering and economic investigations of proposed Federal reclamation projects and studies of water conservation and development plans and activities preliminary to the reconstruction, rehabilitation and betterment, financial adjustment, or extension of existing projects, including not to exceed $450,000 for investigations of projects in Alaska, to remain available until expended, $11,404,000, of which $10,054,000 shall be derived from the reclamation fund and $500,000 shall be derived from the Colorado Kiver development fund: Provided, That none of this appropriation shall be used for more than one-half of the cost of an investigation requested by a State, municipality, or other interest: Provided further, That $870,000 of this appropriation shall be transferred to the United States Fish and Wildlife Service for studies, investigations, and reports thereon as required by the Fish and Wildlife Coordination s^^^ Qf;^958 (72 Stat. 563-565) to provide that wildlife conservation shall receive equal consideration and be coordinated with other features of water-resource development programs of the Bureau of Reclamation. CONSTRUCTION AND R E H A B I L I T A T I O N

For construction and rehabilitation of authorized reclamation projects or parts thereof (including power transmission facilities) and for other related activities, as authorized by law, to remain available until expended, $185,616,500, of which $83,030,000 shall be derived from the reclamation fund: Provided, That no part of this appropriation shall be used to initiate the construction of transmission facilities within those areas covered by power wheeling service contracts which include provision for service to Federal establishments and preferred customers, except those transmission facilities for which construction funds have been heretofore appropriated, those facilities which are necessary to carry out the terms of such contracts or those facilities for which the Secretary of the Interior finds the wheeling agency is unable or unwilling to provide for the integration of Federal projects or for service to a Federal establishment or preferred customer: Provided further, That not to exceed $2,000,000 as proposed in Senate Document 89, Eighty-eighth Congress, for maintaining suitable water quality in the Colorado River shall be nonreimbursable: Provided further. That no funds shall be made available under this appropriation for the construction in Contra Costa County, California, of any portion of the interceptor drain in connection with the San Luis Unit which terminates at any point east of Port Chicago: Provided further, That not to exceed $26,000 shall be available for reimbursement to the city of Malta, Montana, for the cost of improvements to street? and appurtenant facilities adjoining property under the jurisdiction of the Department of the Interior in that city to be nonreimbursable and nonreturnable: Provided further. That not to exceed $150,000 of funds made available for improvement of access roads in the Weber Basin project area shall be nonreimbursable. OPERATION AND

MAINTENANCE

For operation and maintenance of reclamation projects or parts thereof and other facilities, as authorized by law; and for a soil and moisture conservation program on lands under the jurisdiction of the Bureau of Reclamation, pursuant to law, $40,219,000, of which $30,758,000 shall be derived from the reclamation fund and $1,605,000 shall be derived from the Colorado River Dam fund: Provided,

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Page:United States Statutes at Large Volume 78.djvu/729

 78 STAT. ]

PUBLIC LAW 88-511-AUG. 30, 1964

687

That funds advanced by water users for operation and maintenance of reclamation projects or parts thereof shall be deposited to the credit of this appropriation and may be expended for the same objects and in the same manner as sums appropriated herein may he expended, and the unexpended balances of such advances shall be credited to the appropriation for the next succeeding fiscal year. LOAN PROGRAM

For loans to irrigation districts and other public agencies for construction of distribution systems on authorized Federal reclamation projects, and for loans and grants to non-Federal agencies for construction of projects, as authorized by the Acts of July 4, 1955, as amended (43 U.S.C. 421a-421d), and August 6, 1956 (43 U.S.C. 422a-422k), as amended (71 Stat. 48), including expenses necessary for carrying out the program, $12,307,000 to remain available until expended: Provided, That any contract under the Act of July 4, 1955 (69 Stat. 244), as amended, not yet executed by the Secretary, which calls for the making of loans beyond the fiscal year in which the contract is entered into shall be made only on the same conditions as those prescribed in section 12 of the Act of August 4, 1939 (53 Stat. 1187, 1197).

70 Stat. 1044.

43 USC 388.

EMERGENCY F U N D

To reimburse the emergency fund authorized by the Act of June 26, 1948 (62 Stat. 1052), for expenses incurred for repair of flood damage to irrigation facilities of the Milk River and Sun River Federal reclamation projects, $1,000,000, to remain available until June 30, 1965.

43use502,503.

U P P E R COLORADO RIVER STORAGE P R O J E C T

For the Tapper Colorado River Storage Project, as authorized by the Act of April 11, 1956 (43 T^.S.C. 620d), to remain available until expended, $62,300,000, of which $57,800,000 shall be available for the "Upper Colorado River Basin F u n d " authorized by section 5 of said Act of April 11, 1956, and $4,500,000 shall be available for construction of recreational and fish and wildlife facilities authorized by section 8 thereof, and may be expended by bureaus of the Department through or in cooperation with State or other Federal agencies, and advances to such Federal agencies are hereby authorized: Provided, That no part of the funds herein appropriated shall be available for construction or operation of facilities to prevent waters of Lake Powell from entering any National Monument.

70 Stat. 107.

43 USC 620g.

GENERAL ADMINISTRATIVE E X P E N S E S

For necessary expenses of general administration and related functions in the offices of the Commissioner of Reclamation and in the regional offices of the Bureau of Reclamation, $10,400,000, to be derived from the reclamation fund and to be nonreimbursable pursuant to the Act of April 19, 1945 (43 U.S.C. 377): Provided, That no part of any other appropriation in this Act shall be available for activities or functions budgeted for the current fiscal year as general administrative expenses. SPECIAL

59 Stat. 54.

FUNDS

Sums herein referred to as being derived from the reclamation fund, the Colorado River Dam fund, or the Colorado River development fund, are appropriated from the special funds in the Treasury created by the Act of June 17, 1902 (43 U.S.C. 391), the Act of

^2 Stat. 388.

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Page:United States Statutes at Large Volume 78.djvu/730

 688 5/ltlt^*774°^''

PUBLIC LAW 88-511-AUG. 30, 1964

[78 STAT.

December 21, 1928 (43 U.S.C. 6l7a), and the Act of July 19, 1940 (43 U.S.C. 618a), respectively. Such sums shall be transferred, upon request of the Secretary, to be merged with and expended under the heads herein specified; and the unexpended balances of sums transferred for expenditure under the heads "Operation and Maintenance" and "General Administrative Expenses" shall revert and be credited to the special fund from which derived. ADMINISTRATIVE PROVISIONS

58 Stat. 487.

49 Stat. 666. 59 Stat. 54.

Appropriations to the Bureau of Reclamation shall be available for purchase of not to exceed sixty-seven passenger motor vehicles for replacement only; purchase of one aircraft for replacement only; payment of claims for damage to or loss of property, personal injury, or death arising out of activities of the Bureau of Reclamation; payment, except as otherwise provided for, of compensation and expense of persons on the rolls of the Bureau of Reclamation appointed as authorized by law to represent the United States in the negotiation and administration oi interstate compacts without reimbursement or return under the reclamation laws; rewards for information or evidence concerning violations of law involving property under the jurisdiction of the Bureau of Reclamation; performance of the functions specified under the head "Operation and Maintenance Administration", Bureau of Reclamation, in the Interior Department Appropriation Act, 1945; preparation and dissemination of useful information including recordings, photographs, and photographic prints; and studies ot recreational uses of reservoir areas, and investigation and recovery of archeological and paleontological remains in such areas in the same manner as proIdcd foT iu the Act of August 21, 1935 (16 U.S.C. 461-467): Provided, That no part of any appropriation made herein shall be available pursuant to the Act of April 19, 1945 (43 U.S.C. 377), for expenses other than those incurred on behalf of specific reclamation projects except "General Administrative Expenses" and amounts provided for reconnaissance, basin surveys, and general engineering and research under the head "General Investigations". Allotments to the Missouri River Basin project from the appropriation under the head "Construction and Rehabilitation" shall be available additionally for said project for those functions of the Bureau of Reclamation provided for under the head "General Investigations" (but this authorization shall not preclude use of the appropriation under said head within that area), and for the continuation of investigations by agencies of the Department on a general plan for the development of the Missouri River Basin. Such allotments may be expended through or in cooperation with State and other Federal agencies, and advances to such agencies are hereby authorized. Sums appropriated herein which are expended in the performance of reimbursable functions of the Bureau of Reclamation shall be returnable to the extent and in the manner provided by law. No part of any appropriation for the Bureau of Reclamation, contained in this Act or in any prior Act, which represents amounts earned under the terms of a contract but remaining unpaid, shall be obligated for any other purpose, regardless of when such amounts are to be paid: Provided, That the incurring of any obligation prohibited by this paragraph shall be deemed a violation of section 3679 of the Revised Statutes, as amended (31 U.S.C. 665).

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Page:United States Statutes at Large Volume 78.djvu/731

 78 STAT.]

PUBLIC LAW 88-511-AUG. 30, 1964

No funds appropriated to the Bureau of Reclamation for operation and maintenance, except those derived from advances by water users, shall be used for the particular benefits of lands (a) within the boundaries of an irrigation district, (b) of any member of a water users' organization, or (c) of any individual when such district, organization, or individual is in arrears for more than twelve months in the payment of charges due under a contract entered into with the United States pursuant to laws administered by the Bureau of Reclamation. Not to exceed $225,000 may be expended from the appropriation "Construction and rehabilitation" for work by force account on any one project or Missouri Basin unit and then only when such work is unsuitable for contract or no acceptable bid has been received and, other than otherwise provided in this paragraph or as may be necessary to meet local emergencies, not to exceed 12 per centum of the construction allotment for any project from the appropriation "Construction and rehabilitation" contained in this Act shall be available for construction work by force account: Provided, That this paragraph shall not apply to work performed under the Rehabilitation and Betterment Act of 1949 (63 Stat. 724).

689

Limitation.

43 USC:>04 and note.

BONNEVILLE POWER ADMINISTRATION CONSTRUCTION

For construction and acquisition of transmission lines, substations, and appurtenant facilities, as authorized by law, $87,420,000, to remain available until expended. OPERATION A N D M A I N T E N A N C E

For necessary expenses of operation and maintenance of the Bonneville transmission system and of marketing electric power and energy, $14,980,000. ADMINISTRATIVE PROVISIONS

Appropriations of the Bonneville Power Administration shall be available to carry out all the duties imposed upon the Administrator pursuant to law. Appropriations made herein to the Bonneville Power Administration shall be available in one fund, except that the appropriation herein made for operation and maintenance shall be available only for the service of the current fiscal year. Other than as may be necessary to meet local emergencies, not to exceed 12 per centum of the appropriation for construction herein made for the Bonneville Power Administration shall be available for construction work by force account or on a hired-labor basis. SOUTHEASTERN POWER ADMINISTRATION OPERATION AND M A I N T E N A N C E

For necessary expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy pursuant to the provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the southeastern power area, including purchase of one passenger motor vehicle for replacement only, $1,000,000.

58 Stat. 890.

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 690

PUBLIC LAW 88-511-AUG. 30, 1964

[78 STAT.

SOTJTHWESTERN PoWER ADMINISTRATION CONSTRUCTION

58 Stat. 890.

For construction and acquisition of transmission lines, substations, and appurtenant facilities, and for administrative expenses connected therewith, in carrying out the provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the southwestern power area, $2,610,000, to remain available until expended. OPERATION AND MAINTENANCE

For necessary expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy pursuant to the provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the southwestern power area, including purchase of not to exceed five passenger motor vehicles^ for replacement only, $1,680,000. CONTINUING FUND

Not to exceed $4,500,000 shall be available during the current fiscal year from the continuing fund for all costs in connection with the purchase of electric power and energy, and rentals for the use of transmission facilities. GENERAL PROVISIONS—DEPARTMENT OF THE INTERIOR Emergency construction.

Fire prevention.

Operation of warehouses, etc.

47 Stat. 417.

Southwestern Power Administration, funds.

S E C 201. Appropriations in this title shall be available for expenditure or transfer (within each bureau or office), with the approval of the Secretary, for the emergency reconstruction, replacement or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or other unavoidable causes: Provided', That no funds shall be made available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have been exhausted. S E C 202. The Secretary may authorize the expenditure or transfer (within each bureau or office) of any appropriation in this title, in addition to the amounts included in the budget programs of the several agencies, for the suppression or emergency prevention of forest or range fires on or threatening lands under jurisdiction of the Department of the Interior. S E C 203. Appropriations in this title shall be available for operation of warehouses, garages, shops, and similar facilities, wherever consolidation of activities will contribute to efficiency or economy, and said appropriations shall be reimbursed for services rendered to any other activity in the same manner as authorized by the Act of June 30, 1932 (31 U.S.C. 686): Provided, That reimbursements for costs of supplies, materials and equipment, and for services rendered may be credited to the appropriation current at the time such reimbursements are received. S E C 204. No part of any funds made available by this Act to the Southwestern Power Administration may be made available to any other agency, bureau, or office for any purposes other than for services rendered pursuant to law to the Southwestern Power Administration,

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691

TITLE: III—ATOMIC ENERGY COMMISSION OPERATING EXPENSES

For necessary operating expenses of the Commission in carrying out the purposes of the Atomic Energy Act of 1954, as amended, ^ J^c 2ca^" including the employment of aliens; services authorized by section 15 note. of the Act of August 2, 1946 (5 U.S.C. 55a); hire, maintenance eostat. sio. and operation of aircraft; publication and dissemination of atomic information; purchase, repair and cleaning of uniforms; official entertainment expenses (not to exceed $30,000); reimbursement of the General Services Administration for security guard services; hire of passenger motor vehicles; $2,261,573,000, and any moneys (except sums received from disposal of property under the Atomic Energy Community Act of 1955 (42 U.S.C. 2301)) received by the Commis- 69 Stat. 471. sion, notwithstanding the provisions of section 3617 of the Revised Statutes (31 U.S.C. 484), to remain available until expended: Provided. That of such amount $100,000 may be expended for objects of a confidential nature and in any such case the certificate of the Commission as to the amount of the expenditure and that it is deemed inadvisable to specify the nature thereof shall be deemed a sufficient voucher for the sum therein expressed to have been expended: Provided further. That from this appropriation transfers of sums may be made to other agencies of the Government for the performance of the work for which this appropriation is made, and in such cases the sums so transferred may be merged with the appropriation to which transferred: Provided further. That no part of this appropriation shall be used in connection with the payment of a fixed fee to any contractor or firm of contractors engaged under a cost-plus-a-fixed-fee contract or contracts at any installation of the Commission, where that fee for community management is at a rate ill excess of $90,000 per annum, or for the operation of a transportation system where that fee is at a rate in excess of $45,000 per annum. P L A N T AND CAPITAL EQUIPMENT

For expenses of the Commission, as authorized by law, in connection with the purchase and construction of plant and the acquisition of capital equipment and other expenses incidental thereto necessary in carrying out the purposes of the Atomic Energy Act of 1954, as amended, including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion; purchase of not to exceed three hundred and eighty-four for replacement only (including three at not to exceed $3,000 each), and hire of passenger motor vehicles; and purchase of one aircraft; $363,000,000, to remain available until expended: Provided. That not to exceed $9,000,000 of the amount appropriated herein for an isotopes production plant may be transferred to the appropriation for "Operating expenses", if the Commission determines such transfer to be necessary to enter into an arrangement for construction of all or a part of such plant by private industry. GENERAL PROVISIONS

Any appropriation available under this or any other Act to the Atomic Energy Commission may initially be used subject to limitations in this Act during the fiscal year 1965 to finance the procurement of materials, services, or other costs which are a part of work or activities for which funds have been provided in any other appropriation available to the Commission: Provided, That appro-

Procurement of materials, etc.

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Page:United States Statutes at Large Volume 78.djvu/734

 692

Transfer of funds. Reports to congressional committees.

Restriction on fellowships.

Penalty.

PUBLIC LAW 88-511-AUG. 30, 1964

[78 STAT.

priate transfers or adjustments between such appropriations shall subsequently be made for such costs on the basis of actual application determined in accordance with generally accepted accounting principles. Not to exceed 5 per centum of appropriations made available for the fiscal year 1965 for "Operating expenses" and "Plant and capital equipment" may be transferred between such appropriations, but neither such appropriation, except as otherwise provided herein, shall be increased by more than 5 per centum by any such transfers, and any such transfers shall be reported promptly to the Appropriations Committees of the House and Senate. No part of any appropriation herein shall be used to confer a fellowship on any person who advocates or who is a member of an organization or party that advocates the overthrow of the Government of the United States by force or violence or with respect to whom the Commission finds, upon investigation and report by the Civil Service Commission on the character, associations, and loyalty of whom, that reasonable grounds exist for belief that such person is disloyal to the Government of the United States: Provided, That any person who advocates or who is a member of an organization or party that advocates the overthrow of the Government of the United States by force or violence and accepts employment or a fellowship the salary, wages, stipend, grant, or expenses for which are paid from any appropriation contained herein shall be guilty of a felony and, upon conviction, shall be fined not more than $1,000 or imprisoned for not more than one year, or both: Provided further, That the above penal clause shall be in addition to, and not in substitution for, any other provisions of existing law. TITLE IV—INDEPENDENT OFFICES SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

61 Stat. 584. 31 USC 849.

The Saint Lawrence Seaway Development Corporation is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to such Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for such Corporation, except as hereinafter provided. LIMITATION ON ADMINISTRATIVE EXPENSES, SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

68 Stat. 1114. 60 Stat. 810.

Not to exceed $460,000 shall be available for administrative expenses which shall be computed on an accrual basis, including not to exceed $4,000 for official entertainment expenses to be expended upon the approval or authority of the Administrator, uniforms or allowances therefor for operation and maintenance personnel, as authorized by law (5 U.S.C. 2131), and services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), at rates for individuals not to exceed $100 per day: Provided, That not to exceed $5,000 may be expended for services of individuals employed at rates in excess of $50 per day.

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Page:United States Statutes at Large Volume 78.djvu/735

 78 STAT.]

PUBLIC LAW 88-51 1 - A U G. 30, 1964

693

TENNESSEE VALLEY AUTFIORITY PAYMENT TO TENNESSEE VALLEY AUTHORITY FUND

For the purpose of carrying out the provisions of the Tennessee Valley Authority Act of 1933, as amended (16 IJ.S.C, ch. 12A), including hire, maintenance, and operation of aircraft, and purchase (not to exceed two hundred and eight for replacement only) and hire of passenger motor vehicles, $47,915,000, to remain available until expended.

48 Stat. =8.

DELAWARE RIVER BASIN COMMISSION SALARIES AND EXPENSES

For expenses necessary to carry out the functions of the United States member of the Delaware River Basin Commission, as authorized by law (75 Stat. 716), $39,000. C O N T R I B U T I O N TO DELAWARE RIVER BASIN

COMMISSION

For payment of the United States share of the current expenses of the Delaware River Basin Commission, as authorized by law (75 Stat. 706,707), $92,000. FUNDS APPROPRIATED TO THE PRESIDENT

PUBLIC WORKS ACCELERATION

For an additional amount for expenses necessary to enable the President to provide for carrying out the purposes of the Public Works Acceleration Act (76 Stat. 541), including services as ^^^l^^^ ^^'^^ authorized by section 15 of the Act of August 2, 1946 (5 LT.S.C. 55a), "°6o*Stat. aio. but at rates for individuals not to exceed $75 per diem, $4,000,000. TITLE V—GENERAL PROVISIONS DEPARTMENTS, AGENCIES, AND CORPORATIONS

SEC. 501. Unless otherwise specifically provided, the maximum amount allowable during the current fiscal year in accordance with section 16 of the Act of August 2, 1946 (5 U.S.C. 78), for the purchase of any passenger motor vehicle (exclusive of buses and ambulances), is hereby fixed at $1,500 except station wagons for which the maximum shall be $1,950. SEC. 502. T^nless otherwise specified and during the current fiscal year, no part of any appropriation contained in this or any other Act shall be used to pay the compensation of any officer or employee of the Government of the United States (including any agency the majority of the stock of which is owned by the Government of the United States) whose post of duty is in continental United States unless such person (1) is a citizen of the United States, (2) is a person in the service of the United States on the date of enactment of this Act, who, being eligible for citizenship, had filed a declaration of intention to become a citizen of the United States prior to such date, (3) is a person who owes allegiance to the United States, or (4) is an alien from Poland or the Baltic countries lawfully admitted to the United States for permanent residence: Provided, That for the purpose of this section, an affidavit signed by any such person shall be considered prima facie evidence that the requirements of this section with respect to his status have been complied with: Provided further. That any person making a false affidavit shall be guilty of a

ft^'^^^u:*.."^ '"° °' ^*

pa^m'^ntT.^ ^"°" citizenship ^^^^ require""*"'

^e^^ity.

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Page:United States Statutes at Large Volume 78.djvu/736

 694

Exceptions.

Quarters allowices, etc.

5 USC 30333038.

U.S. Code Annotated, etc., price limitation.

59 Stat. 597.

60 Stat. 810.

Foreign credits, use. 31 USC 724.

PUBLIC LAW 88-511-AUG. 30, 1964

[78 STAT.

felony, and, upon conviction, shall be fined not more than $4,000 or imprisoned for not more than one year, or both: Provided further, That the above penal clause shall be in addition to, and not in substitution for, any other provisions of existing law: Provided further, That any payment mad!e to any officer or employee contrary to the provisions of this section shall lie recoverable in action by the Federal Government. This section shall not apply to citizens of the Republic of the Philippines or to nationals of those countries allied with the United States in the current defense effort, or to temporary employment of translators, or to temporary employment in the field service (not to exceed sixty days) as a result of emergencies. SEC. 503. Appropriations of the executive departments and independent establishments for the current fiscal year, available for expenses of travel or for the expenses of the activity concerned, are hereby made available for quarters allowances and cost-of-living allowances, in accordance with title II of the Act of September 6, 1960 (74 Stat. 793). SEC. 504. No part of any appropriation for the current fiscal year contained in this or any other Act shall be paid to any person for the filling of any position for which he or she has been nominated after the Senate has voted not to approve the nomination of said person. SEC. 505. No part of any appropriation contained in this or any other Act for the current fiscal year shall be used to pay in excess of $4 per volume for the current and future volumes of the United States Code, Annotated, and such volumes shall be purchased on condition and with the understanding that latest published cumulative annual pocket parts issued prior to the date of purchase shall be furnished tree of charge, or in excess of $4.25 per volume for the current or future volumes of the Lifetime Federal Digest, or in excess of $6.50 per volume for the current or future volumes of the Modern Federal Practice Digest. SEC. 506. Funds made available by this or any other Act for administrative expenses in the current fiscal year of the corporations and agencies subject to the Government Corporation Control Act, as amended (31 U.S.C. 841), shall be available, in addition to objects for which such funds are otherwise available, for rent in the District of Columbia; services in accordance with section 15 of the Act of August 2, 1946 (5 U.S.C. 55a); and the objects specified under this head, all the provisions of which shall be applicable to the expenditure of such funds unless otherwise specified in the Act by which they are made available: Provided, That in the event any functions budgeted as administrative expenses are subsequently transferred to or paid from other funds, the limitations on administrative expenses shall be correspondingly reduced. SEC. 507. Pursuant to section 1415 of the Act of July 15, 1952 (66 Stat. 662), foreign credits (including currencies) owed to or owned by the United States may be used by Federal agencies for any purpose for which appropriations are made for the current fiscal year (including the carrying out of Acts requiring or authorizing the use of such credits), only when reimbursement therefor is made to the Treasury from applicable appropriations of the agency concerned: Provided, That such credits received as exchange allowances or proceeds of sales of personal property may be used in whole or part payment for acquisition of similar items, to the extent and in the manner authorized by law, without reimbursement to the Treasury. SEC. 508. During the current fiscal year, any foreign currencies

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Page:United States Statutes at Large Volume 78.djvu/737

 78

STAT.]

PUBLIC LAW 88-513-AUG. 30, 1964

held by the United States which have been or may be reserved or set aside for specified programs or activities of any agency may be carried on the books of the Treasury in unfunded accounts. SEC. 50^. No part of any appropriation contained in this or any other Act, or of the funds available for expenditure by any corporation or agency, shall be used for publicity or propaganda purposes designed to support or defeat legislation pending before Congress. This Act may be cited as the "Public Works Appropriation Act, 1965". Approved August 30, 1964.

695

P u b l i c i t y or propaganda.

Short title.

Public Law 88-512 AN ACT August 30, 1964 To provide for the inclusion of Hopkins County, Texas, witliin the Paris Divi- [H. R. 5964] sion of the Eastern District for the United States District Courts in Texas. Be it enacted by the Senate aifid House of Representatives of the United States of America in Congress asseniblid^ That (a) paragraph ^^^^^l^^ co'^^t (4) of subsection (c) of section 124 of title 28, United States Code, Tex!^ ^"^ """*^' is amended to read as follows: 62 Stat. 891. "(4) The Paris Division comprises the counties of Delta, Fannin, Hopkins, Lamar, and Red River. "Court for the Paris Division shall be held at Paris." (b) Paragraph (5) of such subsection is amended by striking out 75 Stat. 772. "Hopkins,". Approved August 30, 1964. Public Law 88-513 AN ACT August 30, 1964 To amend title 28, United States Code, to establish jurisdiction and venue for [H. R. 7508] appeals from orders of the Interstate Commerce Commission in judicial reference cases. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1336 interstate comof title 28, United States Code, is amended by designating its present "^^orders"""^^^^""' text as subsection (a) and by adding at the end thereof the following 62 Stat. 931. new subsections: "(b) When a district court or the Court of Claims refers a uestion or issue to the Interstate Commerce Commission for etermination, the Qourt which referred th^ question or issue shall have exclusive jurisdiction of a civil action to enforce, enjoin, set aside, annul, or suspend, in whole or in part, any order of the Interstate Commerce Commission arising out of such referral. "(c) Any action brought under subsection (b) of this section shall be filed within 90 days from the date that the order of the Interstate Commerce Commission becomes final." SEC. 2. Section 1398 of title 28, United States Code, is amended by 62 Stat. 936. designating its present text as subsection (a) and by adding at the end thereof the following new subsection: " (b) A civil action to enforce, enjpin, set aside, annul, or suspend, in whole or in part, an order of the Interstate Commerce Commission made pursuant to the referral of a question or issue by a district court or by the Court of Claims, shall be brought only in the court which referred the question or issue." Approved August 30, 1964.

Q

31-667 0-65—47

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Page:United States Statutes at Large Volume 78.djvu/738

 696

PUBLIC LAW 88-514-AUG. 30, 1964

[78 STAT.

Public Law 88-514 August 30, 1964 AN ACT [H. R. 6353] fj,^ amend the District of Columbia Unemployment Compensation Act, as amended. D.C. Unemployment Compensation Board. 57 Stat. 119.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the third sentence of subsection (f) of section 13 of the District of Columbia Unemployment Compensation Act approved August 28, 1935 (49 Stat. 946), as amended (sec. 46-313 (f), D.C. Code, 1961 edition) is amended by inserting ", or the Department of Public Welfare of the government of the District of Columbia, or the United States Accounting Office" immediately after "public employment offices". Approved August 30, 1964. Public Law 88-515

August 30, 1964 [H. R. 1341]

Motor v e h i c l e s for Federal Government. Safety standards.

P u b l i c a t i o n in Federal Register.

"Motor v e h i c l e. "

••Federal Government."

Effective date.

AN ACT To require passenger-carrying motor veliicles purchased for use by the Federal Government to meet certain passenger safety standards.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no motor vehicle manufactured on or after the effective date of this section shall be acquired by purchase by the Federal Government for use by the Federal Government unless such motor vehicle is equipped with such reasonable passenger safety devices as the Administrator of General Services shall require which conform with standards prescribed by him in accordance with section 2. SEC. 2. The Administrator of General Services shall prescribe and publish in the Federal Kegister commercial standards for such passenger safety devices as he may require under authority of the first section of this Act. The standards first established under this section shall be prescribed and published not later than one year from the date of enactment of this Act. SEC. 3. As used in this Act— (1) The term "motor vehicle" means any vehicle, self-propelled or drawn by mechanical power, designed for use on the highways principally for the transportation of passengers except any vehicle designed or used for military field training, combat, or tactical purposes. (2) The term "Federal Government" includes the legislative, executive, and judicial branches of the Government of the United States, and the government of the District of Columbia. SEC. 4. This Act shall take effect on the date of its enactment except that the first section of this Act shall take effect one year and ninety days after the date of publication of commercial standards first established under section 2 of this Act. If such standards as so first established are thereafter changed, such standards, as so changed, shall take effect one year and ninety days after the date of publication of such changed standards. Approved August 30, 1964.

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text:
Page:United States Statutes at Large Volume 78.djvu/739

 78

STAT.]

PUBLIC LAW 88-516~AUG. 30, 1964

697

Public Law 88-516 AN ACT To amend the Act of Mny 21, 19*28, relating to standards of containers for fruits and vegetables, to permit the use of additional standard containers.

August 30, 1964 [H. R. 9334]

Be it enacted by the Senate and House of RepresentatheH of the United States of Ainerlca m Congress msemblea^ That (a) the firet Fruu^and vegeseiitence of the first section of the Act entitled "An Act to fix standards ^st^ndards." °'^** for hampers, round stave baskets, and splint baskets for fruits and vegetables, and for other purposes", approved May 21, 1928 (15 U.S.C. 257), is amended— ^^ Stat. ess. (1) by striking out "One-eighth bushel'' and inserting in lieu thereof "One-sixteenth bushel, one-eighth bushel"; (2) by inserting "seven-eighths bushel," immediately after "three-fourths bushel,"; and (3) by inserting "one-and-one-eighth bushels," immediately after "one bushel,". (b) The first section of such Act of May 21, 1928 (15 U.S.C. 257), is further amended— (1) by redesignating paragraph (a) as paragraph (aa) and by inserting immediately preceding such paragraph the following new paragraph: " (a) The standard one-sixteenth bushel hamper or round stave basket shall contain one hundred and thirty-four and four-tenths cubic inches."; (2) by inserting immediately after paragraph (d) the following new paragraph: " ( d o) The standard seven-eighths bushel hamper or round stave basket shall contain one thousand eight hundred and eighty-one and sixty-two one-hundredths cubic inches."; and (3) by inserting immediately after paragraph (e) the following new paragraph: " ( e e j The standard one-and-one-eighth bushel hamper or round stave basket shall contain two thousand four hundred and nineteen and twenty-two one-hundredths cubic inches." SEC. 2. (a) The first sentence of section 2 of such Act of May 21. 1928 (15 U.S.C. 257a), is amended by inserting "eleven-quart basket," immediately after "eight-quart basket," and by inserting "fourteenquart basket," immediately after "twelve-quart basket,". (b) Section 2 of such Act of May 21, 1928 (15 U.S.C. 257a), is further amended by inserting immediately after paragraph (b) the following new paragraph: "(bb) The eleven-quart splint basket shall contain seven hundred and thirty-nine and two-tenths cubic inches." (c) Section 2 of such Act of May 21, 1928 (15 U.S.C. 257a), is further amended by inserting immediately after paragraph (c) the following new paragraph: " (cc) The fourteen-quart splint basket shall contain nine hundred and forty and eight-tenths cubic inches." SEC. 3. That so much of the first sentence of section 5 of such Act of May 21, 1928 (15 U.S.C. 257d), which precedes the word ^s Stat. 686. '•'Provided'"' be amended to read as follows: "That it shall be unlawful to manufacture for sale or shipment, to offer for sale, to sell, to offer for shipment, or to ship, hampers, round stave baskets, or splint baskets for fruits or vegetables, either filled or unfilled that do not have the capacity in bushels or quarts clearly stamped or marked thereon and do not otherwise comply with this Act, or parts of such hampers, round stave baskets, or splint baskets that do not comply with this Act: " Approved August 3(J, 1964.

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Page:United States Statutes at Large Volume 78.djvu/740

 698

PUBLIC LAW 88-517-AUG. 30, 1964

[78 STAT.

Public Law 88-517 August 30, 1964 [H. R. 10683]

D.C. P o l i c e m e n and firemen, r e s i dence.

70 Stat. 646.

AN ACT To amend the Act of July 25, 1956, to remove certain residence restrictions upon officers and members of the Metropolitan Police force and the Fire Department of the District of Columbia.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (b) of the first section of the Act entitled "An Act to authorize the Commissioners of the District of Columbia to prescribe the area within which officers and members of the Metropolitan Police force and the Fire Department of the District of Columbia may reside", approved July 25, 1956 (D.C. Code, § 4-132a), is amended by striking "twenty" and inserting in lieu thereof "twenty-five". Approved August 30, 1964.

Public Law 88-518 August 30, 1964 [H. R. 10705]

GAG a u d i t s. Federal home loan b a n k s. 59 Stat. 600.

Report to Congress.

Federal Savings and Loan Insurance Corp.

Report to Congress.

AN ACT To amend the Government Corporation Control Act to change the General Accounting Office audit to a calendar year basis in the case of the Federal home loan banks and the Federal Savings and Loan Insurance Corporation.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 202 of the Government Corporation Control Act (31 U.S.Cf. 857) is amended by adding at the end thereof the following new sentence: "The audit of the Federal home loan banks shall be conducted on a calendar year basis." (b) The first sentence of section 203 of such Act (31 U.S.C. 858) is amended to read as follows: "A report of each such audit for a fiscal year shall be made by the Comptroller General to the Congress not later than January 15 following the close of such fiscal year (and a report of each such audit for a calendar year shall be made by the Comptroller General to the Congress not later than July 15 following the close of such calendar year)." SEC. 2. (a) Section 105 of the Government Corporation Control Act (31 U.S.C. 850) is amended by adding at the end thereof the following new sentence: "The audit of the Federal Savings and Loan Insurance Corporation shall be conducted on a calendar year basis." (b) The first sentence of section 106 of such Act (31 U.S.C. 851) is amended to read as follows: "A report of each such audit for a fiscal year shall be made by the Comptroller General to the Congress not later than January 15 following the close of such fiscal year (and a report of each such audit for a calendar year shall be made by the Comptroller General to the Congress not later than July 15 following the close of such calendar year)." SEC. 3. The amendments made by this Act shall apply with respect to calendar years beginning on or after January 1, 1964; except that the General Accounting Office, in conducting its audits of the Federal home loan banks and the Federal Savings and Loan Insurance Cororation for the calendar year 1964, shall include the period from uly 1, 1963, through December 31, 1963. Approved August 30, 1964.

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Page:United States Statutes at Large Volume 78.djvu/741

 78

STAT.]

PUBLIC LAW 88-520-AUG. 30, 1964

699

Public Law 88-519 ^^ ACT August 30, 1964 To jimeud sxibsection (d) of section 1346 of title 28 of the United States Code [H. R. 11520] relating to the jurisdiction of the United States district courts. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (d) of section 1346 of title 28 of the United States Code is amended to read as follows: " (d) The district courts shall not have jurisdiction under this section of any civil action or claim for a pension." Approved August 30, 1964.

District courts. Jurisdiction.

62 statr 933"

Public Law 88-520 AN ACT To amend sections 3288 and 3289 of title 18, United States Code, relating to reindictment after dismissal of a defective indictment.

August 30, 1964 [H.^^[2191

Be it enacted by the Senate and House of Representatives of the Crimes United States of America in Congress assembled, That section 3288 fenses. and ofof title 18, United States Code, is amended to read as follows: "Reindictment. "§ 3288. Indictment where defect found after period of limita- ^^ tions "Whenever an indictment is dismissed for any error, defect, or i r r e ^ l a r i t y with respect to the grand jury, or an indictment or information filed after the defendant waives in open court prosecution by indictment is found otherwise defective or insufficient for any cause, after the period prescribed by the applicable statute of limitations has expired, a new indictment may be returned in the appropriate jurisdiction within six calendar months of the date of the dismissal of the indictment or information, or, if no regular grand jury is in session in the appropriate jurisdiction when the indictment or information is dismissed, within six calendar months of the date when the next regular grand jury is convened, which new indictment shall not be barred by any statute of limitations." SEC. 2. That section 3289 of title 18, United States Code, is amended to read as follows: ^§ 3289. Indictment where defect found before period of limitations "Whenever an indictment is dismissed for any error, defect, or iregularity with respect to the grand jury, or an indictment or information filed after the defendant waives in open court prosecution by indictment is found otherwise defective or insufficient for any cause, before the period prescribed by the applicable statute of limitations has expired, and such period will expire within six calendar months of the date of the dismissal of the indictment or information, a new indictment may be returned in the appropriate jurisdiction within six calendar months of the expiration of the applicable statute of limitations, or, if no regular grand jury is in session in the appropriate jurisdiction at the expiration of the applicable statute of limitations, within six calendar months of the date when the next regular grand jury is convened, which new indictment shall not be barred by any statute of limitations." Approved August 30, 1964.

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Page:United States Statutes at Large Volume 78.djvu/742

 700

PUBLIC LAW 88-521-AUG. 30, 1964

[78 STAT.

Public Law 88-521 Aiigust 30, 1964

[.. 10446]

Vouchers. Statistical sampling procedures.

AN ACT

rpy permit the use of statistical sampling procedures in the examination of vouchers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, (a) That, whenever the head of any department or agency of the Government or the Commissioners of the District of Columbia determines that economies will result therefrom, such agency head or the Commissioners may prescribe the use of adequate and effective statistical sampling procedures in the examination of disbursement vouchers for amounts of less than $100; and no certifying or disbursing officer acting in good faith and in conformity with such procedures shall be held liable with respect to any certification or payment made by him on a voucher which was not subject to specific examination because of the prescribed statistical sampling procedure, provided that such officer and his department or agency have diligently pursued collection action to recover the illegal, improjper, or incorrect payment in accordance with procedures prescribed by the Comptroller General. (b) Nothing contained in this Act shall affect the liability, or authorize the relief, of any payee, beneficiary, or recipient of any illegal, improper, or incorrect payment, or relieve any certifying or disbursing officer, the head of any department or agency of the Government, the Commissioners of the District of Columbia, or the Comptroller General of responsibility to pursue collection action against any such payee, beneficiary, or recipient. Approved August 30, 1964. Public Law 88-522

August 30, 1964 [H. R. 9436]

Commission and Advisory Committee on International Rules of Judicial Procedure. 72 Stat. 1743.

Termination date. 75 Stat, 685.

Appropriation.

AN ACT To amend the Act of September 2, 1958, to establish a Commission and Advisory Committee on International Rules of Judicial Procedure, as amended. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (c) of section 3 of the Act of September 2, 1958 (Public Law 85-906), is amended to read: "(c) Five members shall constitute a quorum." SEC. 2. Subsection (e) of section 3 of that Act is amended to read: "(e) The public members of the Commission shall each receive $50 per diem when engaged in the actual performance of duties vested in the Commission, and the public members and the members who are officials of State government shall receive reimbursement for travel, subsistence, and other expenses incurred by them in the perfonnance of such duties." SEC. 3. The second paragraph of subsection (b) of section 7 of that Act is further amended to read: "The Commission shall submit its final report and the Commission and the Advisory Committee shall terminate and wind up their affairs prior to December 31, 1966." SEC. 4. Section 8 of that Act is amended to read: "SEC. 8. There are hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such amounts as may be necessary to carrv out the provisions of this Act." Approved August 30, 1964.

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Page:United States Statutes at Large Volume 78.djvu/743

 78

STAT.]

PUBLIC LAW 88-523-AUG. 30, 1964

701

Public Law 88-523 AN ACT

August 30, 1964

To increase the participation by counties in revenues from the National Wildlife Refuge System by amending the Act of June 15, 1935, relating to such participation, and for other purposes.

Llil£;J

Be it enacted by the Senate and House of Representatives of the National United States of America in Congress assembled, That section 401 of life RefugeWildthe Act of June 15, 1^35, as amended (49 Stat. 378, 383; 16 U.S.C. system! 715s), relating to the participation by the counties in revenues from Revenues. wildlife refuges, is amended to read as follows: "SEC. 401. (a) Beginning with the next full fiscal year and for each fiscal year thereafter, all revenues received by the Secretary of the Interior from the sale or other disposition of animals, timber, hay, rass, or other products of the soil, minerals, shells, sand, or gravel, rom other privileges, or from leases for public accommodations or facilities incidental to but not in conflict with the basic purposes for which those areas of the National Wildlife Refuge System were established, during each fiscal year in connection with the operation and management of thoFe areas of the National Wildlife Refuge System that are solely or primarily administered by him, through the United States Fish and Wildlife Service, shall be covered into the United States Treasury and be reserved in a separate fund for disposition as hereafter prescribed. Amounts in the fund shall remain available until expended, and may be expended by the Secretary without further appropriation in the manner hereafter prescribed. The National Wildlife Refuge System (hereafter referred to as the "System") includes those lands and waters administered by the Secretary as wildlife refuges, wildlife ranges, game ranges, wildlife management areas, and waterfowl production areas established under any law, proclamation. Executive, or public land order. " (b) The Secretary may pay from the fund any necessary expenses incurred by him in connection with the revenue-producing measures set forth in subsection (a). "(c) The Secretary, at the end of each fiscal year, shall pay, out of Payn^ents to

f

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.

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i/j?j

,(•

the net receipts in the fund (after payment of necessary expenses) for such fiscal year, which funds shall be expended solely for the benefit of public schools and roads as follows: "(1) to each county in which reserved public lands in an area of the System are situated, an amount equal to 25 per centum of the net receipts collected by the Secretary from such reserved public lands in that particular area of the System: Provided, That when any such area is situated in more than one county the distributive share to each county from the aforesaid receipts shall be proportional to its acreage of such public lands therein; and "(2) to each county in which areas in the System are situated that have been acquired in fee by the United States, either (A) three-fourths of 1 per centum of the cost of the areas, exclusive of any improvements to such areas made subsequent to Federal acquisition, such cost to be adjusted to represent current values as determined by the Secretary for the first full fiscal year after enactment of this Act and as redetermined by him at five-year intervals thereafter, or (B) 25 per centum of the net receipts collected by the Secretary from such acquired lands in that particular area of the System within such counties, whichever is greater. The determinations by the Secretary under this subsection shall be accomplished in such manner as he shall consider to be equitable and in the public interest, and his determinations hereunder shall be final and conclusive.

counties.

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text:
Author:Charles Augustus Briggs

Works

 * Is the Christian Religion Declining
 * Biblical Study: Its Principles, Methods and History (1883)
 * Hebrew Poems of the Creation (1884)
 * American Presbyterianism: Its Origin and Early History (1885)
 * Messianic Prophecy (1886)
 * Whither? A Theological Question for the Times (1889)
 * The Authority of the Holy Scripture (1891)
 * The Bible, the Church and the Reason (1892)
 * The Higher Criticism of the Hexateuch (1893)
 * The Messiah of the Gospels (1894)
 * The Messiah of the Apostles (1894)
 * General introduction to the study of Holy Scripture (1899)
 * New Light on the Life of Jesus (1904)
 * The Ethical Teaching of Jesus (1904)
 * A Critical and Exegetical Commentary on the Book of Psalms (2 vols., 1906-1907), in which he was assisted by his daughter
 * The Virgin Birth of Our Lord (1909)
 * (ed.) Presbyterian Review

title: Author:Charles Augustus Briggs


text:
Page:United States Statutes at Large Volume 78.djvu/744

 702

49 Stat. 1555.

Repeal.

PUBLIC LAW 88-524-AUG. 31, 1964

[78 STAT.

" (d) The payments under subsection (c) of this section to the counties in the United States for any one fiscal year shall not exceed the amount of net receipts in the fund for that fiscal year and, in case the net receipts are msufRcient for a particular fiscal year to pay the aggregate amount of the payments for that fiscal year to the counties, the payment to each county shall be reduced proportionately. "(e) Any moneys remaining in the fund after all payments are made for any fiscal year may be used by the Secretary thereafter for management of the System, including but not limited to the construction, improvement, repair, and alteration of buildings, roads, and other facilities, and for enforcement of the Migratory Bird Treaty Act, as amended (16 U.S.C. 703-711). " (f) The disposition or sale of surplus animals, minerals, and other products, the grant of privileges, and the carrying out of any other activities that result in the collection of revenues within any areas of the System may be accomplished upon such terms, conditions, or regulations, including sale in the open markets, as the Secretary shall determine to be in the best interest of the United States. Further, the Secretary may dispose of such surplus animals by exchange of the same or other kinds, gift or loan to public institutions for exhibition or propagation purposes and for the advancement of knowledge and the dissemination of information relating to the conservation of wildlife in accordance with such regulations as he may prescribe. " (g) Beginning with the first day of the next full fiscal year hereafter, the provisions of this Act shall supersede and repeal the provisions of the paragraph entitled 'Management of National Wildlife Kefuges' in the General Appropriation Act, 1951, approved September 6, 1950 (64 Stat. 595, 693-694)." Approved August 30, 1964. Public Law 88-524

August 31, 1964 [H. R. 10069]

AN ACT To authorize the exchange of lands adjacent to the Lassen National Forest in California, and for other purposes.

Lassen National Forest, Calif. Land exchange. 16 USC 485, 486. 5 USC 511 note.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of the Act of March 20, 1922 (42 Stat. 465), as amended and supplemented by the Act of February 28, 1925 (43 Stat. 1090), and the Act of June 11, 1960 (74 Stat. 205), are hereby extended to the following described lands: TOWNSHIP 31 NORTH, RANGE 11 EAST, MOUNT DIABLO MERIDIAN

Section 8, southwest quarter southwest quarter, west half southeast quarter southwest quarter; Section 18, north half northeast quarter northeast quarter, northwest quarter northeast quarter, northeast quarter southwest quarter, lot 3. Lands conveyed to the United States under this Act shall, upon acceptance of title, become parts of the Lassen National Forest and shall be subject to the laws, rules, and regulations applicable thereto. Approved August 31, 1964.

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text:
Page:United States Statutes at Large Volume 78.djvu/745

 78 STAT.]

PUBLIC LAW 88-525-AUG. 31, 1964

703

Public Law 88-525 AN ACT To strengthen the agricultural economy; to help to achieve a fuller and more effective use of food abundances; to provide for improved levels of nutrition among low-income households through a cooperative Federal-State program of food assistance to be operated through normal channels of trade; and for other purposes.

Be it enacted 6y the Senate and Hovise of Representatives of the United States of America in Congress assembled, That this Act may be cited as "The Food Stamp Act of 1964". DECLARATION OF POLICY

SEC. 2. It is hereby declared to be the policy of Congress, in order to promote the general welfare, that the Nation's abundance of food should be utilized cooperatively by the States, the Federal Government, and local governmental units to the maximum extent practicable to safeguard the health and well-being of the Nation's population and raise levels of nutrition among low-income households. The Congress hereby finds that increased utilization of foods in establishing and maintaining adequate national levels of nutrition will tend to cause the distribution in a beneficial manner of our agricultural abundances and will Strengthen our agricultural economy, as well as result in more orderly marketing and distribution of food. To effectuate the policy of Congress and the purposes of this Act, a food stamp program, which will permit those households with low incomes to receive a greater share of the Nation's food abundance, is herein authorized. DEFINITIONS

SEC. 3. As used in this Act— (a) The term "Secretary" means the Secretary of Agriculture. (b) The term "food" means any food or food product for human consumption except alcoholic beverages, tobacco, those foods which are identified on the package as being imported, and meat and meat products which are imported. (c) The term "coupon" means any coupon, stamp, or type of certificate issued pursuant to the provisions of this Act. (d) The t e r ^ "coupon allotment" means the total value of coupons to be issued to a household during each month or other time period. (e) The term "household" shall mean a group of related or nonrelated individuals, who are not residents of an institution or boarding house, but are living as one economic unit sharing common cooking facilities and for whom food is customarily purchased in common. The term "household" shall also mean a single individual living alone who has cooking facilities and who purchases and prepares food for home consumption. (f) The term "retail food store" means an establishment, including a recognized department thereof, or a house-to-house trade route which sells food to households for home consumption. (g) The term "wholesale food concern" means an establishment which sells food to retail food stores for resale to households. (h) The term "State agency" means the agency of the State government which has responsibility for the administration of the federally aided public assistance programs. (i) The term "bank" means member or nonmember banks of the Federal Reserve System. (j) The term "State" means the fifty States and the District of Columbia.

August 31, 1964 [H. R. 10222]

The Food Stamp Act of 1964.

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Page:United States Statutes at Large Volume 78.djvu/746

 704

PUBLIC LAW 88-525-AUG. 31, 1964

[78 STAT.

(k) The term "food stamp program" means any program promulgated pursuant to the provisions of this Act. ESTABLISHMENT OF THE FOOD STAMP PROGRAM

Distribution during emergencies.

SEC. 4. (a) The Secretary is authorized to formuhite and administer a food stamp program under which, at the request of an appropriate State agency, eligible households within the State shall be provided with an opportunity more nearly to obtain a nutritionally adequate diet through the issuance to them of a coupon allotment which shall have a greater monetary value than their normal expenditures for food. The coupons so received by such households shall be used only to purchase food from retail food stores which have been approved for participation in the food stamp program. Coupons issued and used as provided in this Act shall be redeemable at face value by the Secretary through the facilities of the Treasury of the United States. (b) In areas where a food stamp program is in effect, there shall be no distribution of federally owned foods to households under the authority of any other law except during emergency situations caused by a national or other disaster as determined by the Secretary. (c) The Secretary shall issue such regulations, not inconsistent with this Act, as he deems necessary or appropriate for the effective and efficient administration of the food stamp program. ELIGIBLE HOU8EHOL1XS

standards.

SEC. 5. (a) Participation in the food stamp program shall be limited to those households whose income is determined to be a substantial limiting factor in the attainment of a nutritionally adequate diet. (b) I n complying with the limitation on participation set forth in subsection (a) above, each State agency shall estaolish standards to determine the eligibility of applicant households. Such standards shall include maximum income limitations consistent with the income standards used by the State agency in administration of its federally aided public assistance programs. Such standards also shall place a limitation on the resources to be allowed eligible households. The standards of eligibility to be used by each State for the food stamp program shall m subject to the approval of the Secretary. I S S U A N C E A N D U S E OF COUPONS

Restriction.

SEC. 6. (|a) Coupons shall be printed in such denominations as may be determined to be necessary, and shall be issued only to households which have been duly certified as eligible to participate in the food stamp program. (b) Coupons issued to eli^ble households shall be used by them only to purchase food in retail food stores which have been approved for participation in the food stamp program at prices prevailing in such stores: Provided, That nothing in this Act shall be construed as authorizing the Secretary to specity the prices at which food may be sold by wholesale food concerns or retail food stores. (c) Coupons issued to eligible households shall be simple in design and shall include only such words or illustrations as are required to explain their purpose and define their denomination. The name of any public official shall not appear on such coupons.

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text:
Page:United States Statutes at Large Volume 78.djvu/747

 78 STAT.]

705

PUBLIC LAW 88-525-AUG. 31, 1964

A'ALUE OF T H K t ' O U P O N ALLOTMENT A N D <.'HAK(JES TO B E MADE

SEC. 7. (a) The face value of the coupon allotment which State agencies shall be authorized to issue to households certified as eligible to participate in the food stamp program shall be in such amount as will provide such households with an opportunity more nearly to obtain a low-cost nutritionally adequate diet. (b) Households shall be charged such portion of the face value of the coupon allotment issued to them as is determined to be equitalent to their normal expenditures for food. (c) The value of the coupon allotment provided to any eligible household which is in excess of the amount charged such households for such allotment shall not be considered to be income or resources for any purpose under any Federal or State laws including, but not limited to, laws relating to taxation, welfare, and public assistance programs. (d) Funds derived from the charges made for the coupon allotment shall be promptly deposited in a manner prescribed in the regulations issued pursuant to this Act, in a separate account maintained ill the Treasury of the United States for such purpose. Such deposits shall be available, without limitation to fiscal years, for the redemption of coupons.

Charges.

APPROVAL OF RETAIL FOOD STORES A N D W H O L E S A L E FOOD CONCERNS

SEC. 8. (a) Regulations issued pursuant to this Act shall provide for the submission of applications for approval by retail food stores and wholesale food concerns which desire to be authorized to accept and redeem coupons under the food stamp program and for the approval of those applicants whose participatx©n will effectuate the purposes of the food stamp program. In detennining the qualifications of applicants there shall be considered among such other factors as may be appropriate, the following: (1) the nature and extent of the retail or wholesale food business conducted by the applicant; (2) the volume of coupon business which may reasonably be expected to be conducted by the applicant retail food store or wholesale food concern; and (3) the business integrity and reputation of the applicant. Approval of an applicant shall be evidenced by the issuance to such applicant of a nontransferable certificate of approval. (b) Regulations issued pursuant to this Act shall recgjuire an applicant retail food store or wholesale food concern to submit information which will permit a determination to be made as to whether such applicant qualifies, or continues to qualify, for approval under the provisions of this Act or the regulations issued pursuant to this Act. Regulations issued pursuant to this Act shall provide for safeguards which restrict the use or disclosure of information obtained under the authority granted by this subsection to purposes directly connected with administration and enforcement of the provisions of this Act or the regulations issued pursuant to this Act. (c) Any retail food store or wholesale food concern which has failed upon application to receive approval to participate in the food stamp program may obtain a hearing on such refusal as provided in section 13 of this Act. REDEMPTION OF COUPONS

SEC. 9. Regulations issued pursuant to this Act shall provide for the redemption of coupons accepted by retail food stores through approved wholesale food concerns or through banks, with the cooperation of the Treasury Department.

Qualifications.

Hearing.

Poat, p. 70 7.

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text:
Page:United States Statutes at Large Volume 78.djvu/748

 706

PUBLIC LAW 88-525-AUG. 31, 1964

[78 STAT.

ADMINISTRATION

Federal and State agencies, cooperation. State agency, responsibility.

Records

Discrimination, prohibition. Welfare grants.

State plan of operation, submission.

Compliance.

SEC. 10. (a) All practicable efforts shall be made in the administration of the food stamp program to insure that participants use their increased food purchasing power to obtain those staple foods most needed in their diets, and particularly to encourage the continued use of those in abundant or surplus supply so as not to reduce the total consumption of surplus commodities which have been made available through direct distribution. I n addition to such steps as may be taken administratively, the voluntary cooperation of existing Federal, State, local, or private agencies which carry out informational and educational programs for consumers shall be enlisted. (b) The State agency of each participating State shall assume responsibility for the certification of applicant households and for the issuance of coupons: Provided, That the State agency may, subject to State law, delegate its responsibility in connection with the issuance of coupons to another agency of the State government. There shall be kept such records as may be necessary to ascertain whether the program is being conducted in compliance with the provisions of this Act and the regulations issued pursuant to this Act. Such records shall be available for inspection and audit at any reasonable time and shall be preserved for such period of time, not in excess of three years, as may be specified in the regulations. (c) I n the certification of applicant households for the food stamp program there shall be no discrimination against any household by reason of race, religious creed, national origin, or political beliefs. (d) Participating States or participating political subdivisions thereof shall not decrease welfare grants or other similar aid extended to any person or persons as a consequence of such person's or persons' participation in benefits made available under the provisions of this Act or the regulations issued pursuant to this Act. (e) The State agency of each State desiring to participate in the food stamp program shall submit for approval a plan of operation specifying the manner in which such program will be conducted within the State, the political subdivisions within the State in which the State desires to conduct the program, and the effective dates of participation by each such political subdivision. I n addition, such plan of operation shall provide, among such other provisions as may by regulation be required, the following: (1) the specific standards to be used in determining the eligibility of applicant households; (2) that the State agency shall undertake the certification of applicant households in accordance with the general procedures and personnel standards used by them in the certification of applicants for benefits under the federally aided public assistance programs; (3) safeguards which restrict the use or disclosure of information obtained from applicant households to persons directly connected with the administration or enforcement of the provisions of this Act or the regulations issued pursuant to this Act; and (4) for the submission of such reports and other information as may from time to time be required. In approving the participation of the subdivisions requested by each State in its plan of operation, the Secretary shall provide for an equitable and orderly expansion among the several States in accordance with their relative need and readiness to meet their requested effective dates of participation. (f) If the Secretary determines that in the administration of the program there is a failure by a State agency to comply substantially with the provisions of this Act, or with the regulations issued pursuant to this Act, or wnth the State plan of operation, he shall inform such State agency of such failure and shall allow the State agency a

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text:
Page:United States Statutes at Large Volume 78.djvu/749

 78 STAT.1

PUBLIC

LAW 88-525-AUG. 31, 1964

707

reasonable period of time for the correction of such failure. Upon the expiration of such period, the Secretary shall direct that there be no further issuance of coupons in the political subdivisions where such failure has occurred until such time as satisfactory corrective action has been taken. (g) If the Secretary determines that there has been gross negli- fr^^f ^^*"''* °' gence or fraud on the part of the State agency in the certification of applicant households, the State shall upon request of the Secretary deposit into the separate account authorized by section 7 of this Act, a sum equal to the amount by which the value of any coupons issued as a result of such negligence or fraud exceeds the amount that was charged for such coupons under section 7(b) of this Act. DISQUALIFICATION OF RETAIL FOOD STORES AND WHOLESALE FOOD CONCERNS

SEC. 11. Any approved retail food store or wholesale food concern may be disqualified from further participation in the food stamp program on a finding, made as specified in the regulations, that such store or concern has violated any of the provisions of this Act, or of the regulations issued pursuant to this Act. Such disqualification shall be for such period of time as may be determined in accordance with regulations issued pursuant to this Act. The action of dis[ualification shall be subject to review as provided in section 13 of this Act. DETIJRMINATION AND DISPOSITION OF CLAIMS

SEC. 12. The Secretary shall have the power to determine the amount of and settle and adjust any claim and to compromise or deny all or part of any such claim or claims arising under the provisions of this Act or the regulations issued pursuant to this Act. ADMINISTRATIVE A N D JUDICIAL REVIEW

SE(^. 13. Whenever— (a) an application of a retail food store or wholesale food concern to participate in the food stamp program is denied, (b) a retail food store or a wholesale food concern is disqualified under the provisions of section 11 of this Act, or (c) all or part of any claim of a retail food store or wholesale food concern is denied under the provisions of section 12 of this Act, notice of such administrative action shall be issued to the retail food store or wholesale food concern involved. Such notice shall be delivered by certified mail or personal service. If such store or concern is aggrieved by such action, it may, in accordance with regulations promulgated under this Act, within ten days of the date of delivery of such notice, file a written request for an opportunity to submit information in support of its position to such person or persons as the regulations may designate. If such a request is not made or if such store or concern fails to submit information in support of its position after filing a request, the administrative determination shall be final. If such a request is made by such store or concern, such information as may be submitted by the store or concern, as well as such other information as may be available, shall be reviewed by the person or persons designated, who shall, subject to the ri^ht of judicial review hereinafter provided, make a determination which shall be final and which shall take effect fifteen days after the date of the delivery or service of such final notice of determination. If the store or concern feels aggrieved by such final

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text:
Page:United States Statutes at Large Volume 78.djvu/750

 708

PUBLIC LAW 88-525-AUG. 31, 1964

[78 STAT.

determination he may obtain judicial review thereof by filing a complaint against the United States in the United States district court for the district in which he resides or is engaged in business, or in any court of record of the State having competent jurisdiction, within thirty days after the date of delivery or service of the final notice of determination upon him, requesting the court to set aside such determination. The copy of the summons and complaint required to be delivered to the official or agency whose order is being attacked shall be sent to the Secretary or such person or persons as he may designate to receive service of process. The suit in the United States district court or State court shall be a trial de novo by the court in which the court shall determine the validity of the questioned administrative action in issue. If the court determines that such administrative action is invalid it shall enter such judgment or order as it determines is in accordance with the law and the evidence. During the pendency of such judicial review, or any appeal therefrom, the administrative action under review shall be and remain in full force and effect, unless an application to the court on not less than ten days' notice, and after hearing thereon and a showing of irreparable injury, the court temporarily stays such administrative action pending disposition of such trial or appeal. VIOLATIONS A N D ENFORCEMENT

SEC. 14. (a) Notwithstanding any other provisions of this Act, the Secretary may provide for the issuance or presentment for redemption of coupons to such person or persons, and at such times and in such manner, as he deems necessary or appropriate to protect the interests of the United States or to insure enforcement of the provisions of this Act or the regulations issued pursuant to this Act. oil^ent °' ^'"'"^^*' (b) Whoever knowingly uses, transfers, acquires, or possesses onmen. coupous in any manner not authorized by this Act or the regulations issued pursuant to this Act shall, if such coupons are of the value of $100 or more, be guilty of a felony and shall, upon conviction thereof, be fined not more than $10,000 or imprisoned for not more than five years, or both, or, if such coupons are of a value of less than $100, shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not more than $5,000 or imprisoned for not more than one year, or both. (c) Whoever presents, or causes to be presented, coupons for payment or redemption of the value of $100 or more, knowing the same to have been received, transferred, or used in any manner in violation of the provisions of this Act or the regulations issued pursuant to this Act shall be guilty of a felony and shall, upon conviction thereof, be fined not more than $10,000 or imprisoned for not more than five years, or both, or, if such coupons are of a value of less than $100, shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not more than $5,000 or imprisoned for not more than one year, or both. (d) Coupons issued pursuant to this Act shall be deemed to be obligations of the United States within the meaning of title 18, United 62 Stat. 685. Stutes Code, section 8. COOPERATION W I T H STATE AGENCIES

Costs.

g^c. 15. (a) Each State shall be responsible for available to the State or political subdivision carrying out the administrative responsibilities the provisions of this Act. Except as provided of this section, such costs shall include, but shall

financing, from funds thereof, the costs of assigned to it under for in subsection (b) not be limited to, the

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