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PUBLIC LAW 88-635-OCT. 7, 1964

[78 STAT.

CONSTRUCTION

For an additional amount for "Construction," for acquisition of lands, interest therein, improvements, and related personal property, $8,533,000. BUREAU OF INDIAN AFFAIRS PAYMENT TO THE SENECA NATION

Ante, p. 738.

For assistance to improve the economic, social, and educational conditions of enrolled members of the Seneca Nation, as authorized by Public Law 88-533, approved August 31, 1964, $12,128,917. GEOLOGICAL SURVEY SURVEYS, I N V E S T I G A T I O N S, AND RESEARCH

For an additional amount for "Surveys, investigations, and research", $90,000. BUREAU OF LAND MANAGEMENT MANAGEMENT OF LANDS AND RESOURCES

For an additional resources", $1,000,000.

amount

for

"Management

of

lands

and

DEPARTMENT OF AGRICULTURE FOREST SERVICE FOREST PROTECTION AND UTILIZATION, FOREST LAND MANAGEMENT

For an additional amount for "Forest protection and utilization", for "Forest land management", $800,000. HISTORICAL AND MEMORIAL COMMISSIONS BATTLE OF L A K E E R I E SESQUICENTENNIAL CELEBRATION COMMISSION

76 Stat. 1244; Ante, p. 225

For payment of expenses incurred by the Battle of Lake Erie Sesquicentennial Celebration Commission in carrying out the provisions of ^j^^ j^^t of OctobcT 24, 1962 (Public Law 87-883), as amended by the Act of June 29, 1964 (Public Law 88-328), $13,553. BATTLE OF N E W ORLEANS SESQUICENTENNIAL CELEBRATION COMMISSION

Ante, p. 939.

For necessary expenses of the Battle of New Orleans Sesquicentennial Celebration Commission, established by the Act of September 12, 1964 (Public Law 88-591), $25,000, to remain available until expended. INDEPENDENT OFFICES PUBLIC LAND L A W REVIEW COMMISSION SALARIES AND EXPENSFJS

Ante, p. 982. 60 Stat. 810.

For necessary expenses of the Public Land Law Review Commission, established by Public Law 88-606, approved September 19, 1964, including services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), $350,000, to remain available until expended.

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PUBLIC LAW 88-635-OCT. 7, 1964

1029

EXECUTIVE OFFICE OF THE PKESIDENT NATIONAL COUNCIL ON THE ARTS SALARIES AND EXPENSES

For necessary expenses of the National Council on the Arts, established by Public Law 88-579, approved September 3, 1964, $50,000.

^"'*' P- ^OS.

CHAPTER VI DEPARTMENT OF LABOR MANPOWER ADMINISTRATION FARM LABOR CONTRACTOR REGISTRATION ACTIVITIES

For expenses necessary to carry out the provisions of the F a r m Labor Contractor Registration Act of 1963, $350,000.

^n'«. p- "'2o.

WAGE AND LABOR STANDARDS BUREAU OF LABOR STANDARDS

For an additional amount for "Bureau of Labor Standards" for the work of the President's Committee on Employment of the Handicapped, $40,000.

DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE OFFICE OF EDUCATION DEFENSE EDUCATIONAL ACTIVITIES

For an additional amount for "Defense educational activities," $60,750,000, of which $10,300,000 shall be for capital contributions to student loan funds and loans for non-Federal capital contributions (not to exceed $300,000) to student loan funds, $10,000,000 shall be for grants to States for equipment and minor remodeling of facilities for the purposes included in section 301 of Public Law 85-864, as amended, and for supervisory and other services, and $3,000,000 shall 72 Stat. 158; be for grants to States for testing, guidance, and counseling: Provided, 20 USC 4 4 1. That, in lieu of amounts heretofore specified, allotments for grants to States under sections 302(a) and 305 for acquisition of equipment and ^^^ ^^^ '*'*2. minor remodeling shall be made on the basis of $70,400,000, allotments for loans to private nonprofit schools shall be made on the basis of $9,600,000, and allotments under section 302(b) for supervisory and other services shall be made on the basis of $6,000,000: Provided further, That this appropriation shall be available only upon enactment of S. 3060, Eighty-eidhith Congress, or similar legislation, amend- Post, p. i loo. ing the National Defense Education Act of 1958.

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PUBLIC LAW 88-635-OCT. 7, 1964

[78 STAT.

SALARIES A N D E X P E N S E S

Post, p. 1100.

7o"sta^ 92^^' 42 USC" 242d.

For an additional amount for "Salaries and expenses", $1,000,000: Provided, That this amount shall be available only upon enactment into law of S. 3060, Eighty-eighth Congress, or similar legislation amending the National Defense Education Act of 1958. For an additional amount for "Community Health Practice and Research", $5,000,000 to be derived by transfer from the appropriations for the Economic Opportunity Program, Office of Economic Opportunity: Provided, That the appropriation under this head in the Departments of Labor, and Health, Education and Welfare Appropriation Act, 1965 ( P. L. 88-605) shall be available to carry out section 306 of the Public Health Service Act. EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF ECONOMIC OPPORTUNITY ECONOMIC OPPORTUNITY PROGRAM

Ant^. p. 508.

42 USC \l\5

For expenses necessary to CSLTTJ out the provisions of the Economic Opportunity Act of 1964 (Public Law 88-452 approved August 20, 1964), $800,000,000, of which not more than $412,500,000, plus reimbursements, shall be available for youth programs under title I; not more than $300,000,000 for community action programs under title II; not more than $35,000,000 for special programs to combat poverty in rural areas under title III, part A (which shall be available for transfer to the economic opportunity fund and shall remain available until expended); not more than $8,800,000 to carry out the purposes of part D of title III; not more than $150,000,000 for work experience programs under title V; and not more than $50,000,000 for (1) adult basic education programs under title II, (2) volunteer programs under section 603, (3) expenses of administration and coordination of antipoverty programs under title VI, and (4) migrant agricultural employees programs under title III, part B (including transfers to the economic opportunity fund for loans under section 311, and amounts so transferred shall remain available until expended): Provided, That this appropriation shall be available for the purchase and hire of passenger motor vehicles, and for construction, alteration, and repair of buildings and other facilities, as authorized by section 602 of the Economic Opportunity Act of 1964: Provided further, That this appropriation shall not be available for contracts under titles I, II, V, and VI extending for more than twenty-four months: Provided further, That this appropriation shall not be available for more than 4,000 permanent Federal positions: Provided further. That none of the funds contained in this Act shall be used to make indemnity payments, authorized by part D of title III, to any farmer whose milk was removed from commercial markets as a result of his failure to follow the procedures prescribed by the Federal Government for the use of the offending chemical: Provided further. That not to exceed $2,000,000 of this appropriation may be transferred to "Grants to States for public assistance" to carry out existing projects authorized by section 1115 of the Social Security Act, as amended.

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PUBLIC LAW 88-635-OCT. 7, 1964

1031

CHAPTER VII LEGISLATIVE BRANCH SENATE

For payment to Lucretia C. Engle, widow of Clair Engle, late a Senator from the State of California, $22,500. HOUSE OF REPRESENTATIVES

For payment to Corinne C. Bennett, widow of John B. Bennett, late a Representative from the State of Michigan, $22,500. For payment to Elizabeth B. Norblad, widow of Walter Norblad, late a Representative from the State of Oregon, $22,500. CONTINGENT EXPENSES

For an additional amount for "Miscellaneous items", $92,000, for payment to the Architect of the Capitol in accordance with section 208 of the Act approved October 9, 1940 (Public Law 812). JOINT ITEMS CONTINGENT EXPENSES or THE HOUSE CAPITOL P O L I C E

Capitol Police Board For an additional amount, fiscal year 1964, to reimburse the Commissioners of the District of Columbia for salaries of additional personnel detailed from the Metropolitan Police Department, $22,100. CHAPTER VIII PUBLIC WORKS DEPARTMENT OF DEFENSE—CIVIL FUNCTIONS DEPARTMENT OF THE A R M Y RIVERS AND HARBORS AND FLOOD CONTROL

Construction, General For an additional amount for "Construction, general", $2,860,000, of which not to exceed $860,000 shall be available for emergency flood control construction of debris basins and channel clearing in the Santa Barbara, California, area affected by recent fires, and such work is hereby authorized. INTEROCEANIO CANAL COMMISSION

Salaries and Expenses For expenses necessary for an investigation and study, including surveys, to determine the feasibility of, and the most suitable site for construction of a sea-level canal connecting the Atlantic and Pacific Oceans, $400,000. 3 +667 0-65—68

54 Stat. 1056. 40 USC 174k.

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 1032

PUBLIC LAW 88-635-OCT. 7, 1964

[78 STAT.

CHAPTER IX DEPARTMENT OF STATE INTERNATIONAL ORGANIZATIONS AND CONFERENCES CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

For an additional amount for "Contributions to international organizations", $1,366,000. INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED AND M E X I C O

STATES

CONSTRUCTION

For an additional amount for "International Boundary and Water Commission, United States and Mexico, Construction", $300,000. SMALL BUSINESS ADMINISTRATION REVOLVING F U N D

72 Stat. 384.

15 USC 631 note.

For additional capital for the revolving fund authorized by the Small Business Act of 1953, as amended, to oe available without fiscal year limitation, $45,000,000. A P P A L A C H I A N R E G I O N A L COMMISSION SALARIES AND EXPENSES

60 Stat. 810.

For necessary expenses of the Federal representative and his alternate on lihe Appalachian Regional Commission and for payment of the administrative expenses of the Commission, including services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), and hire of passenger motor vehicles, $800,000: Provided, That this appropriation shall become effective upon enactment into law of authorizing legislation. DEPARTMENT OF COMMERCE COMMUNITY RELATIONS SERVICE SALARIES AND EXPENSES

Ante, p. 267.

For necessary expenses of the Community Relations Service established by title X of the Civil Rights Act of 1964 (Public Law 88-352), $1,100,000.

DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE OFFICE OF EDUCATION CIVIL RIGHTS EDUCATIONAL ACTIVITIES

Ante, p. 246.

For carrying out the provisions of title IV of the Civil Rights Act of 1964 relating to functions of the Commissioner of Education, $8,000,000j of which not to exceed $2,000,000 shall be for salaries and expenses, including services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a).

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PUBLIC LAW 88-635-OCT. 7, 1964

1033

DEPARTMENT OF JUSTICE LEGAL ACTIVITIES AND GENERAL ADMINISTRATION SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

For an additional amount for "Salaries and expenses, general legal activities", $1,093,000. COMMISSION ON C IV I L R I G H T S SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses", $295,000: Provided, That the proviso under this heading in the Departments of State, Justice, and Commerce, the Judiciary and Related Agencies Appropriation Act, 1965, shall not apply during the current fiscal year.

Ante,

p. 731.

Ante,

p. 253.

E Q U A L EMPLOYMENT O P P O R T U N I T Y COMMISSION SALARIES AND EXPENSES

For necessary expenses of the Equal Employment Opportunity Commission established by title VII of the Civil Rights Act of 1964, $2,250,000. DEPARTMENT OF LABOR MANPOWER ADMINISTRATION SPECIAL STUDY ON DISCRIMINATION I N EMPLOYMENT BECAUSE OF AGE

For expenses necessary to conduct a study of the factors which might tend to result in discrimination in employment because of age, as provided by section 715 of the Civil Rights Act of 1964, $100,000. CHAPTER X TREASURY DEPARTMENT BUREAU OF THE PUBLIC DEBT ADMINISTERING THE PUBLIC DEBT

For an additional amount for "Administering the public debt", $570,000. BUREAU OF THE M I N T SAI^RIES AND EXPENSES

For an additional amount for "Salaries and expenses", $4,500,000*, CHAPTER X I CLAIMS

AND

JUDGMENTS

For payment of claims settled and determined by departments and agencies in accord with law, and judgments rendered against the United States by the United States Court of Claims and United States district courts, as set forth in Senate Document Numbered 101, Eighty-eighth Congress, and House Document Numbered 339, Eightyeighth Congress, $33,309,898, together with such amounts as may be

^" P- ^^S.

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 1034

PUBLIC LAW 88-636-OCT. 8, 1964

[78 STAT.

necessary to pay interest (as and when specified in said judgments or provided by law) and such additional sums due to increases in rates of exchange as may be necessary to pay claims in foreign currency: Provided, That no judgment herein appropriated for shall be paid until it shall become final and conclusive against the United States by failure of the parties to appeal or otherwise: Provided further, That unless otherwise specifically required by law or by the judgment, payment of interest wherever appropriated for herein shall not continue for more than thirty days after the date of approval of this Act. Approved October 7, 1964.

Public Law 88-636 October 8, 1964

'- • ' ^'^^^J

Armed Forces. Retired pay. 73 Stat. 425.

70 Stat. 116.

40 Stat. 87.

AN

ACT

To authorize the crediting of certain military service for purposes of reserve retired pay.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemMed, That section 1332(a) of title 10, United States Code, is amended by striking out the word ''and" at the end of clause (1)(J) (ii), by striking out the period at the end of clause (2) and inserting a semicolon in place thereof, and by adding the following new clauses— "(3) his years of active service in the Commissioned Corps of the Public Health Service during such time as the Commissioned Corps was a military service pursuant to declaration made by the President under section 216 of the Public Health Service Act (42 U.S.C. 217); and "(4) his years of active commissioned service in the Coast and Geodetic Survey during such time as he was transferred to the service and jurisdiction of a military department pursuant to section 16 of the Act of May 22, 1917 (33 U.S.C. 855)." SEC. 2. The amendments made by this Act shall apply to any period before enactment of this Act during which the Commissioned Corps of the Public Health Service has had the status of a military service, and to any period before enactment of this Act during which commissioned personnel of the Coast and Geodetic Survey were transferred to the service and jurisdiction of a military department. Approved October 8, 1964.

Public Law 88-637 October 8, 1964 [H. R. 12308]

Norfolk, Va. Naval Air Station. Flight hazard removal.

AN ACT To authorize removal of a flight hazard, at the United States Naval Air Station, Norfolk, Virginia. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Navy is hereby authorized to remove an existing flight hazard at the Naval Air Station, Norfolk, Virginia; but no funds may be expended for such purpose unless specifically appropriated for such purpose. Approved October 8, 1964.

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PUBLIC LAW 88-638-OCT. 8, 1964

1035

Public Law 88-638 AN ACT

October 8, 1964

To extend the Agricultural Trade Development and Assistance Act of 1954, and for other purposes.

[S. 2687]

Be it enacted by the Seriate and House of Representatives of the United States of America in Congress assembled, That the Agricul- xr^deDeveio^tural Trade Development and Assistance Act of 1954, as amended, is ment and Assistfurther amended as follows: ^"'^^ ^""^ °^ i5 54, (1) Section 101 of such Act is amended by striking out in subsec- ^'^5"st'^t."306. tion (f) the words "from the government or agencies thereof" and? use 1701. further by striking the period at the end of subsection (f) and adding the following: ", and which are not less favorable than the highest of exchange rates obtainable by any other nation.". (2) Section 101 of such Act is amended by adding at the end thereof (he following new subsection: " (g) require such foreign currencies to be convertible to dollars to the extent consistent with the effectuation of the purpose of this Act, but in any event to the extent necessary to permit that portion of such currencies made available for payment of United States obligations to be used to meet obligations or charges payable by the United States or any of its agencies to the government of the importing country or any of its agencies." (3) Section' 102(a) of such Act is amended by adding at the end eh°rgeT. ^'"^'^'* thereof the following: "The Commodity Credit Corporation shall 69 Stat. 44. finance ocean freight charges incurred pursuant to agreements entered '' "^^ ^^°2. into after December 31, 1964, only to the extent that such charges are higher (than would otherwise be the case) by reason of a requirement that the commodities be transported in United States flag vessels. Such agreements shall require the balance of such charges for transportation in United States vessels to be paid in dollars by the nations or organizations with whom such agreements are entered into." (4) Section 103(a) of such Act is amended by adding at the end ^^ ^*^*- ^^^• thereof the following: " I n presenting his budget, the.President shall classify expenditures under this Act as expenditures for international affairs and finance rather than for agriculture and agricultural resources." (5) Effective January 1, 1965, section 103(b) of such Act is amended "^^ ^^^^- ^*^^to read as follows: " (b) Agreements shall not be entered into under this title during the period beginning January 1, 1965, and ending December 31, 1966, which will call for appropriations to reimburse the Commodity Credit Corporation in a total amount in excess of $2,700,000,000 plus any amount by which agreements entered into in prior years have called or will call for appropriations to reimburse the Commodity Credit Corporation in amounts less than authorized for such prior years by this Act as in effect during such years: Provided, That agreements shall not be entered into during any calendar year of such period which will call for appropriations to reimburse the Commodity Credit Corporation in amounts in excess of $2,500,000,000." (6) Section 104 of such Act is amended by striking out in subsection ^ ^^'^ '^o^^(c) the word "military" and inserting after the words "common defense" the words "including internal security". (7) Section 104 of such Act is amended by striking from subsection ne^s'lolns"^ (e) the words "not more than 25 per centum of the currencies received "*i!fmi°ations pursuant to each such agreement shall be available" and substituting removed. "currencies shall also be available to the maximum usable extent."

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Page:United States Statutes at Large Volume 78.djvu/1078

 1036 7 USC 1704. Advisory committee, establishment.

U s e s of foreign c u r r e n c i e s, re-

T r a n s m i t t a l of proposal to cong r e s s i o n a l committees.

"Friendly nation." 68 Stat. 457. 7 USC 1707.

PUBLIC LAW 88-638-OCT. 8, 1964

[78 STAT.

(8) Section 104 is amended by adding at the end thereof the following: "There is hereby established an advisory committee composed of the Secretary of Agriculture, the Director of the Bureau of the Budget, the Administrator of the Agency for International Development, the chairman and the ranking minority member of the House Committee on Agriculture, and the chairman and the ranking minority member of the Senate Committee on Agriculture and Forestry. Such Committee shall review from time to time the status and usage of foreign currencies which accrue under this title, and shall make recommendations to the President as to ways and means of assuring to the United States (1) the maximum benefit from the use of such currencies, making special reference to any such currencies which are excess to the normal requirements of United States agencies, and (2) the maximum return from sales made under this title. Such Committee shall make such other recommendations for improving this Act and its administration as such Committee may deem fit. "The committee shall be consulted wth respect to: (1) policies relating to (a) loans under subsections (e) and (g) hereof, (b) the degree of convertibility to be required under section 101(g), and (c) the amount of currency to be reserved in sales ivgreements for loans to private industry under subsection (e) hereof; and (2) each proposal to establish an interest rate for dollar sales under title IV higher than the minimum provided in section 403. "No agreement or proposal to grant any foreign currencies (except as provided in subsection (c) of this section), or to use (except pursuant to appropriation Act) any principal or interest from loan repayments under this section, shall be entered into or carried out until the expiration of thirty days following the date on wiich such agreement or proposal is transmitted by the President to the Senate Committee on Agriculture and Forestry and to the House Committee on Agriculture, if transmitted while Congress is in session, or sixty days following the date of transmittal if transmitted while Congress is not in session, and then only if, between the date of transmittal and the expiration of such period there has not been passed by either of the two Committees a resolution stating in substance that that Committee does not favor such agreement or proposal." (9) The first proviso at the end of section 104 of such Act is amended by striking out the colon at the end thereof and inserting "pursuant to agreements entered into on or before December 31, 1964 and to not less than 20 per centum in the aggregate of the foreign currencies which accrue pursuant to agreements entered into thereafter:". (10) Section 104 of such Act is amended by adding at the end thereof the following: "Any loan made under the authority of this section shall bear interest at such rate as the President may determine but not less than the cost of funds to the United States Treasury, taking into consideration the current average market yields on outstanding marketable obligations of the United States having maturity comparable to the maturity of such loans, unless the President shall in specific instances upon the recommendation of the advisory committee herein established designate a different rate." (11) Section 107 of such Act is amended by inserting before the period at the end thereof a comma and the following: "or (3) for the purpose only of title I any nation or area dominated or controlled by a Communist government, or (4) for the purpose only of title I any nation which permits ships or aircraft under its registry to transport to or from Cuba (excluding United States installations in Cuba) any equipment, materials, or commodities, so long as Cuba is governed b ^ the Castro regime. Notwithstanding any other Act, the President is

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PUBLIC LAW 88-638-OCT. 8, 1964

1037

authorized to enter into agreements for the sale of surplus agricultural commodities for dollars under title IV with nations which fall within the definition of 'friendly nation' for the purpose of that title. I n the case of any such agreement which would be prohibited by any other Act but for the foregoing sentence the maximum payment period shall be five years, instead of twenty years." "The President is directed that no sales under this Act shall be made with any country if he finds such country is (a) an aggressor, in a military sense, against any country having diplomatic relations with the United States, or (b) using funds, of any sort, from the United States for purposes inimical to the foreign policies of the United States". (12) Section 108 of such Act is amended by striking out the words 7 USC 1708. "six months" and inserting in lieu thereof the word "year". Famine relief. (13) Section 203 of such Act is amended (i) by striking out "1961" e t c. and substituting "1965"; (ii) by striking out "1964" and substituting 75 Stat 307. "1966"; (iii) by striking out "$300,000,000", and substituting "$400,- 7 USC 1723. 000,000"; and (iv) by inserting after "charges for general average contributions arising out of the ocean transport of commodities transferred pursuant hereto" the following: "or donated under said section 68 Stat. 458. 416, section 308 of this Act or section 9 of the Act of September 6, 1958 7 USC 1431. (72 Stat. 1790)". Clauses (i), (ii), and (iii) hereof shall not become 73 Stat. 609. effective until January 1, 1965. 7 USC 1697. 7 USC 1431b. (14) Section 203 of the Act is amended by inserting after the third sentence of said section the following new sentence: " I n addition to other funds available for such purposes under any other Act, funds made available under this title may be used in an amount not exceeding $7,500,000 annually to purchase foreign currencies accruing under title I in order to meet costs (except the personnel and administrative costs of cooperating sponsors, distributing agencies, and recipient agencies, and the costs of construction or maintenance of any church owned or operated edifice or any other edifices to be used for sectarian purposes) designed to assure that commodities made available under this title or under title III are used to carry out more effectively the purposes for which such commodities are made available or to promote community and other self-help activities designed to alleviate the causes of the need for such assistance: Provided, however, That such funds shall be used only to supplement and not substitute for, funds normally available for such purposes from other non-United States Government sources."; and by inserting after the word "costs" in the last sentence the words "or for the purchase of foreign cjirrencies". (15) Sections 109 and 204 of such Act are amended by striking out ^ ^sc 1709, "1964" and inserting "1966". ^^^^• (16) Clause (1) of section 304(a) of such Act is amended by insert- 7'us'c**i69*3^.* ing after the words "Union of Soviet Socialist Republics" the words "or the Communist regime in China". (17) The first sentence of section 403 of such Act is amended to read 7^us*c*'i7^33' as follows: "Payment for such commodities shall be in dollars with interest at such rate as the Secretary may determine but not less than the minimum rate required by section 201 of the Foreign Assistance Act of 1961 for loans made un(ier that section." SEC. 2. Subsection (b) of section 612 of the Foreign Assistance Act rerc°'^s'arer'" of 1961, as amended, is amended (1) by redesignating it as subsection '^^77^sfat.^3"85. (t) of section 104 of the Agricultural Trade Development and Assist22 USC 2362. ance Act of 1954, as amended. ^ ^^*^ ^^°'** (2) By inserting after the subsection designation the following: "For sale to United States citizens as provided herein."; (3) By striking "this Act" and substituting "the Foreign Assistance Act of 1961, as amended.";

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Page:United States Statutes at Large Volume 78.djvu/1080

 1038

7 USC 1705. Long staple cotton, exportation-

60 Stat. 596. 50 USC 98 note.

63 Stat. 676. 7 USC 1301.

53 Stat. 31. 7 USC 1281. 68 Stat. 458. 7 USC 1431.

PUBLIC LAW 88-638-OCT. 8, 1%4

[78 STAT.

(4) By changing the period at the end of the subsection to a comma and adding "except that in the case of any such foreign currencies acquired through operations under title I of the Agricultural Trade Development and Assistance Act of 1954, as amended, the United States dollars received from the sale of such for e i ^ currencies shall be deposited to the account of the Commodity Credit Corporation and shall he treated as a reimbursement to Commodity Credit Corporation under section 105 of this Act." SEC. 3. Notwithstanding any other provision of law, the Commodity Credit Corporation, in order to encourage exports of extra long staple cotton which is in surplus supply at competitive world prices, is directed to offer for sale, whenever extra long staple cotton IS in surplus supply, any extra long staple cotton owned by it (except stocks released from the stockpile established pursuant to the Strategic and Critical Materials Stock Piling Act, as amended) at prices not in excess of the prices at which cotton of comparable quality is being offered by other exporting countries, on condition that such cotton be exported or that an equal quantity of extra long staple cotton will be exported within the period specified by the Secretary of Agriculture. The Commodity Credit Corporation may accept bids in excess of the maximum prices specified herein but shall not reject bids at such maximum prices unless a higher bid is received for the same cotton. The Secretary of Agriculture shall make a determination of the amount, if any, of extra long staple cotton which is in surplus supply for the 1964-65 marketing year not later than thirty days after the effective date of this section and for each succeeding marketing year not later than thirty days prior to the beginning of each such marketing year. E x t r a long staple cotton shall be deemed to be in surplus supply whenever the Secretary of Agriculture determines that the total supply of such cotton (under the formula for determining the "Total supply" of cotton specified in Section 301(b) (16)(C) of the Agricultural Adjustment Act of 1938, as amended, but not including cotton released from such stockpile) is in excess of estimated domestic consumption and estimated exports of such cotton excluding estimated exports made under the authority of this section, plus an allowance for carryover equal to fifty per centum of such estimated consumption and exporte. Exports hereunder shall be excluded in making any determination with respect to national marketing quotas under the Agricultural Adjustment Act of 1938, as amended. Nothing herein shall preclude the Corporation from accepting bids which may be made at higher than world prices. SEC. 4. Section 416 of the Agricultural Act of 1949, as amended, is amended by adding the following at the end of such section: "The assistance to needy persons provided in (4) above shall, insofar as practicable, be directed toward community and other self-help activities designed to alleviate the causes of the need for such assistance.". Approved October 8, 1964.

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PUBLIC LAW 88-639-OCT. 8, 1964

1039

Public Law 88-639 AN ACT ,To provide an adequate basis for administration of the Lake Mead National Recreation Area, Arizona and Nevada, and for other purposes.

Be it enacted by the Seriate and House of Representatives of the United States of America in Congress assembled, That, in recognition of the national significance of the Lake Mead National Recreation Area, in the States of Arizona and Nevada, and in order to establish a more adequate basis for effective administration of such area for the public benefit, the Secretary of the Interior hereafter may exercise the functions and carry out the activities prescribed by this Act. SEC. 2. Lake Mead National Recreation Area shall comprise that particular land and water area which is shown on a certain map, identified as "boundary map, RA-LM-7060-B, revised July 17, 1963", which is on file and which shall be available for public inspection in the office of the National Park Service of the Department of the Interior. An exact copy of such map shall be filed with the Federal Register within thirty days following the approval of this Act, and an exact copy thereof shall be available also for public inspection in the headquarters office of the superintendent of the said Lake Mead National Recreation Area. The Secretary of the Interior is authorized to revise the boundaries of such national recreation area, subject to the requirement that the total acreage of that area, as revised, shall be no greater than the present acreage thereof. In the event of such boundary revision, maps of the recreation area, as revised, shall be prepared by the Department of the Interior, and shall be filed in the same manner, and shall be available for public inspection also in accordance with the aforesaid procedures and requirements relating to the filing and availability of maps. The Secretary may accept donations of land and interests in land within the exterior boundaries of such area, or such property may be procured by the Secretary in such manner as he shall consider to be in the public interest. In exercising his authority to acquire property by exchange, the Secretary may accept title to any non-Federal property located within the boundaries of the recreation area and convey to the grantor of such property any federally owned property under the jurisdiction of the Secretary, notwithstanding any other provision of law. The properties so exchanged shall be approximately equal in fair market value: Provided, That the Secretary may accept cash from or pay cash to the grantor in such an exchange in order to equalize the values of the properties exchanged. Establishment or revision of the boundaries of the said national recreation area, as herein prescribed, shall not affect adversely any valid rights in the area, nor shall it affect the validity of withdrawals heretofore made for reclamation or power purposes. All lands in the recreation area which have been withdrawn or acquired by the United States for reclamation purposes shall remain subject to the primary use thereof for reclamation and power purposes so long as they are withdrawn or needed for such purposes. There shall be excluded from the said national recreation area by the Secretary of the Interior any property for management or protection by the Bureau of Reclamation, which would be subject otherwise to inclusion in the said recreation area, and which the Secretary of the Interior considers in the national interest should be excluded therefrom. SEC. 3. The authorities granted by this Act shall be subject to the following exceptions and qualifications when exercised with respect

October 8, 1964 [S. 653]

Lake Mead National R e c r e a t i o n Area. Administration.

Boundaries.

F i l i n g with Federal Register.

Boundary revision.

Donations of land.

Property acquisition.

Property exclusion.

Hualapai Indian lands.

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Recreational purposes.

Activities.

Hunting, fishing, trapping.

Regulations.

PUBLIC LAW 88-639-OCT. 8, 1964

[78 STAT.

to any tribal or allotted lands of the Hualapai Indians that may be included within the exterior boundaries of the Lake Mead National Kecreation Area: (a) The inclusion of Indian lands within the exterior boundaries of the area shall not be effective until approved by the Hualapai Tribal Council. (b) Mineral developments or use of the Indian lands shall be permitted only in accordance with the laws that relate to Indian lands. (c) Leases and permits for general recreational use, business sites, home sites, vacation cabin sites, and grazing shall be executed in accordance with the laws relating to leases of Indian lands, provided that all development and improvement leases so granted shall conform to the development program and standards prescribed for the Lake Mead National Recreation Area. (d) Nothing in this Act shall deprive the members of the Hualapai Tribe of hunting and fishing privileges presently exercised by them, nor diminish those rights and privileges of that part of the reservation which is included in the Lake Mead Recreation Area. SEC. 4. (a) Lake Mead National Recreation Area shall be administered b j the Secretary of the Interior for general purposes of public recreation, benefit, and use, and in a manner that will preserve, develop, and enhance, so far as practicable, the recreation potential, and in a manner that will preserve the scenic, historic, scientific, and other important features of the area, consistently with applicable reservations and limitations relating to such area and with other authorized uses of the lands and properties within such area. (b) I n carrying out the functions prescribed by this Act, in addition to other related activities that may be permitted hereunder, the Secretary may provide for the following activities, subject to such limitations, conditions, or regulations as he may prescribe, and to such extent as will not be inconsistent with either the recreational use or the primary use of that portion of the area heretofore withdrawn for reclamation purposes: (1) General recreation use, such as bathing, boating, camping, and picnicking; (2) Grazing; (3) Mineral leasing; (4) Vacation cabin site use, in accordance with existing policies of the Department of the Interior relating to such use, or as such policies may be revised hereafter by the Secretary. SEC. 5. The Secretary of the Interior shall permit hunting, fishing, and trapping on the lands and waters under his jurisdiction within the recreation area in accordance with the applicable laws and regulations of the United States and the respective States: Provided, That the Secretary, after consultation with the respective State fish and game commissions, may issue regulations designating zones where and establishing periods when no hunting, fishing, or trapping shall be permitted for reasons of public safety, administration, or public use and enjoyment. SEC. 6. Such national recreation area shall continue to be administered in accordance with regulations heretofore issued by the Secretary of the Interior relating to such areas, and the Secretary may revise such regulations or issue new regulations to carry out the purposes of this Act. I n his administration and regulation of the area, the Secretary shall exercise authority, subject to the provisions and limitations of this Act, comparable to his general administrative authority relating to areas of the national park system.

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PUBLIC LAW 88-639-OCT. 8, 1964

The superintendent, caretakers, officers, or rangers of such recreation area are authorized to make arrests for violation of any of the regulations applicable to the area or prescribed pursuant to this Act, and they may bring the offender before the nearest commissioner, judge, or court of the United States having jurisdiction in the premises. Any person who violates a rule or regulation issued pursuant to this Act shall be guilty of a misdemeanor, and may be punished by a fine of not more than $500, or by imprisonment not exceeding six months, or by both such fine and imprisonment. SEC. 7. Nothing in this Act shall deprive any State, or any political subdivision thereof, of its civil and criminal jurisdiction over the lands within the said national recreation area, or of its rights to tax persons, corporations, franchises, or property on the lands included in such area. Nothing in this Act shall modify or otherwise affect the existing jurisdiction of the Hualapai Tribe or alter the status of individual Hualapai Indians within that part of the Hualapai Indian Reservation included in said Lake Mead National Recreation Area. SEC. 8. Revenues and fees obtained by the United States from operation of the national recreation area shall be subject to the same statutory provisions concerning the disposition thereof as are similar revenues collected in areas of the national park system with the exception, that those particular revenues and fees including those from mineral developments, which the Secretary of the Interior finds are reasonably attributable to Indian lands shall be paid to the Indian owner of the landj and with the further exception that other fees and revenues obtained from mineral development and from activities under other public land laws within the recreation area shall be disposed of in accordance with the provisions of the applicable laws. SEC. 9. A United States commissioner shall be appointed for that portion of the Lake Mead National Recreation Area that is situated in Mohave County, Arizona. Such commissioner shall be appointed by the United States district court having jurisdiction thereover, and the commissioner shall serve as directed by such court, as well as pursuant to, and within the limits of, the authority of said court. The functions of such commissioner shall include the trial and sentencing of persons committing petty offenses, as defined in title 18, section 1, United States Code: Provided, That any person charged with a petty offense may elect to be tried in the district court of the United States, and the commissioner shall apprise the defendant of his right to make such election, but shall not proceed to try the case unless the defendant, after being so apprised, signs a written consent to be tried before the commissioner. The exercise of additional functions by the commissioner shall be consistent with and be carried out in accordance with the authority, laws, and regulations, of general application to United States commissioners. The provisions of title 18, section 3402, of the United States Code, and the rules of procedure and practice prescribed by the Supreme Court pursuant thereto, shall apply to all cases handled by such commissioner. The probation laws shall be applicable to persons tried by the commissioner and he shall have power to grant probation. The commissioner shall receive the fees, and none other, provided by law for like or similar services. SEC. 10. There are hereby authorized to be appropriated not more than $1,200,000 for the acquisition of land and interests in land pursuant to section 2 of this Act. Approved October 8, 1964.

1041 Arrests.

Violations.

Jurisdiction.

Revenue s and fees.

Mohave County, Ariz. Appointment of commissioner.

62 Stat. 8 3 1. Probation laws.

Appropriation.

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PUBLIC LAW 88-640-OCT. 8, 1964

[78 STAT.

Public Law 88-640 October 8, 1964 [S. 1531]

Flathead Indian irrigation project, Mont. Appropriation.

AN ACT To increase the appropriation authorization for the completion of the construction of the irrigation and power systems of the Flathead Indian irrigation project, Montana.

Be it enacted by the Senate and House of Representatives of the United /States of America in Congress assembled, That subsection 5(c) of the Act of May 25, 1948 (62 Stat. 269), is hereby amended by changing $1,000,000 to "$6,200,000 (December 1962 prices) plus or minus such amount, if any, as may be required by reason of changes in construction costs as indicated by engineering cost indices applicable to the types of construction involved therein,". Approved October 8, 1964. Public Law 88-641

October 13, 1964

[H. R. 10473]

Social security. Aid to dependent children, extension. 76 Stat. 197. 42 USC 608 note. 53 Stat. 1380. 42 USC 606.

75 Stat. 75. 42 USC 607.

AN

ACT

To extend the period during which Federal payments may be made for foster care in child-care institutions under the program of aid to families with dependent c'hildren under title IV of the Social Security Act, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 135(e) of the Public Welfare Amendments of 1962 is amended by striking out "September 80, 1964" and inserting in lieu thereof "June 30, 1967". SEC. 2. (a) Section 406(a) of the Social Security Act is amended by inserting " (1) " after "needy child", by striking out "under the age of eighteen,", and by inserting before the semicolon at the end thereof ", and (2) who is (A) under the age of eighteen, or (B) under the age of twenty-one and (as determined in accordance with standards prescribed by the Secretary) a student regularly attending a high school in pursuance of a course of study leading to a high school diploma or its equivalent, or regularly attending a course of vocational or technical training designed to fit him for gainful employment". (b) So much of section 407 of such Act which precedes paragraph (1) is amended by striking out "under the age of eighteen" and inserting in lieu thereof "who meets the requirements of section 406(a)(2),", by inserting a comma after "parent", and by striking out "relatives specified in section 406(a)" and inserting in lieu thereof "relatives specified in section 406(a)(1) ". Approved October 13, 1964. Public Law 88-642

October 13, 1964 [S. 2460]

Missouri. Land conveyance provisions, extension.

AN ACT To amend the Act of July 13, 1959, so as to extend the period of time within which certain construction may be undertaken by the State of Missouri on lands conveyed to such State by the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the third paragraph of the Act entitled "An Act to authorize the sale of certain lands to the State of Missouri", approved July 13, 1959 (73 Stat. 181), is amended by striking out "within five years" and inserting in lieu thereof "within ten years". Approved October 13, 1964.

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PUBLIC LAW 88-643-OCT. 13, 1964

1043

Public Law 88-643 AN ACT

October 13, 1964

To provide for the establishment and maintenance of a Central Intelligence Agency Retirement and Disability System for a limited number of employees, and for other purposes.

[H. R. 8427]

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

of the

TITLE I—TITLE AND DEFINITIONS

Central Intelligence Agency F!etirement Act of Employee's!''""

PART A — TITLE

SEC. 101. This Act may be cited as the "Central Intelligence Agency Retirement Act of 1964 for Certain Employees". PART B—DEFINITIONS

SEC. 111. When used in this Act, the term— (1) "Agency" means the Central Intelligence Agency; (2) "Director" means the Director of Central Intelligence; and (3) "Qualifying service" means service performed as a participant in the system or, in the case of service prior to designation, service determined by the Director to have been performed in carrying out duties described in section 203. TITLE II—THE CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY S Y S T E M PART A—ESTABLISHMENT OF SYSTEM RULES AND REGULATIONS

SEC. 201. (a) The Director may prescribe rules and regulations for the establishment and maintenance of a Central Intelligence Agency Retirement and Disability System for a limited number of employees, referred to hereafter as the system; such rules and regulations to become effective after approval by the chairman and ranking minority members of the Armed Services Committees of the House and Senate. (b) The Director shall administer the system in accordance with such rules and regulations and with the principles established by this Act. (c) I n the interests of the security of the foreign intelligence activities of the United States and in order further to implement the proviso of section 102(d)(3) of the National Security Act of 1947, as amended (50 U.S.C. 4 0 3 (d)(3)), that the Director of Central ei Stat. 498. Intelligence shall be responsible for protecting intelligence sources and methods from unauthorized disclosure, and notwithstanding the provisions of the Administrative Procedure Act (5 U.S.C. 1001 et secj.) or any other provisions of law, any determinations by the ^° ^*^^- 237. Director authorized by the provisions of this Act shall be deemed to be final and conclusive and not subject to review by any court. ESTABLISHMENT AND MAINTENANCE OF FUND

SEC. 202. There is hereby created a fund to be known as the Central I n t e l l i ^ n c e Agency Retirement and Disability F u n d which shall be maintained by the Director. The Central Intelligence Agency Retirement and Disability Fund is referred to hereafter as the fund.

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PUBLIC LAW 88-643-OCT. 13, 1964

[78 STAT.

PARTICIPANTS

SEC. 203. The Director may designate from time to time such Agency officers and employees whose duties are determined by the Director to be (i) in support of Agency activities abroad hazardous to life or health or (ii) so specialized because of security requirements as to be clearly distinguishable from normal government employment, hereafter referred to as participants, who shall be entitled to the benefits of the system. Any participant who has completed fifteen years of service with the Agency and whose career at that time is adjudged by the Director to be qualifying for the system may elect to remain a participant of such system for the duration of his employment by the Agency and such election shall not be subject to review or approval by the Director. ANNUITANTS

Definitions.

SEC. 204. (a) Annuitants shall be participants who are receiving annuities from the fund and all persons, including surviving wives and husbands, widows, dependent widowers, children, and beneficiaries of participants or annuitants who shall become entitled to receive annuities in accordance with the provisions of this Act. (b) When used in this Act the term— (1) "Widow" means the surviving wife of a participant who was married to such participant for at least two years immediately preceding his death or is the mother of issue by marriage to the participant. (2) "Dependent widower" means the surviving husband of a participant who was married to such participant for at least tw'o years immediately preceding her death or is the father of issue by marriage to the participant, and who is incapable of selfsupport by reason of mental or physical disability, and who received more than one-half of his support from such participant. (3) "Child", for the purposes of sections 221 and 232 of this Act, means an unmarried child, including (i) an adopted child, and (ii) a stepchild or recognized natural child who received more than one-half of his support from and lived with the participant in a regular parent-child relationship, under the age of eighteen years, or such unmarried child regardless of age who because of physical or mental disability incurred before age eighteen is incapable of self-support or such unmarried child between eighteen and twenty-one years of age who is a student regularly pursuing a full-time course of study or training in residence in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution. A child whose twenty-first birthday occurs prior to July 1 or after August 31 of any calendar year, and while he is regularly pursuing such a course of study or training, shall be deemed for the purposes of this paragraph and section 221(o) of this Act to have attained the age of twenty-one on the first day of July following such birthday. A child who is a student shall not be deemed to have ceased to be a student during any interim between school years if the interim does not exceed four months and if he shows to the satisfaction of the Director that he has a bona fide intention of continuing to pursue a course of study or training in the same or different school during the school semester (or other period into which the school year is divided) immediately following the interim.

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PUBLIC LAW 88-643-OCT. 13, 1964 PART B—COMPULSORY CONTRIBUTIONS

SEC. 211. (a) Six and one-half per centum of the basic salary received by each participant shall be contributed to the fund for the payment of annuities, cash benefits, refunds and allowances. An equal sum shall also be contributed from the respective appropriation or fund which is used for payment of his salary. The amounts deducted and withheld from basic salary together with the amounts so contributed from the appropriation or fund shall be deposited by the Agency to the credit of the fund. (b) Each participant shall be deemed to consent and agree to such deductions from basic salary, and payment less such deductions shall be a full and complete discharge and acquittance of all claims and demands whatsoever for all regular services during the period covered by such payment, except the right to the benefits to which he shall be entitled under this Act, notwithstanding any law, rule, or regulation affecting the individual's salary. PART C—COMPUTATION OF ANNUITIES

SEC. 221. (a) The annuity of a participant shall be equal to 2 per centum of his average basic salary for the highest five consecutive years of service, for which full contributions have been made to the fund, multiplied by the number of years, not exceeding thirty-five, of service credit obtained in accordance with the provisions of sections 251 and 252. I n determining the aggregate period of service upon which the annuity is to be based, the fractional part of a month, if any, shall not be counted. (b) A t the time of retirement, any married participant may elect to receive a reduced annuity and to provide for an annuity payable to his wife or her husband, commencing on the date following such participant's death and terminating upon the death or remarriage of such surviving wife or husband. The annuity payable to the surviving wife or husband after such participant's death shall be 55 per centum of the amount of the participant's annuity computed as prescribed in paragraph (a) of this section, up to the full amount of such annuity specified by him as the base for the survivor benefits. The annuity of the participant making such election shall be reduced by 2i/^ per centum of any amount up to $3,600 he specified as the base for the survivor benefit plus 10 per centum of any amount over $3,600 so specified. (c)(1) If an annuitant dies and is survived by a wife or husband and by a child or children, in addition to the annuity payable to the surviving wife or husband, there shall be paid to or on behalf of each child an annuity equal to the smallest of: (i) 40 per centum of the annuitant's average basic salary, as determined under paragraph Ca) of this section, divided by the number of children; (ii) $600; or (iii) $1,800 divided by the number of children. (2) If an annuitant dies and is not survived by a wife or husband but by a child or children, each surviving child shall be paid an annuity equal to the smallest of: (i) 50 per centum of the annuitant's average basic salary, as determined under paragraph (a) of this section, divided by the number of children; (ii) $720; or (iii) $2,160 divided by the number of children. (d) If a surviving wife or husband dies or the annuity of a child is terminated, the annuities of any remaining children shall be recomputed and paid as though such wife, husband, or child had not survived the participant. (e) The annuity payable to a child under paragraph (c) or (d) of this section shall begin on the day after the participant dies, and

1045

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PUBLIC LAW 88-643-OCT. 13, 1964 \^

70 Stat. 752.

[78 STAT.

such annuity or any right thereto shall terminate on the last day of the month before (1) his attaining age eighteen unless incapable of self-support, (2) his becoming capable of self-support after age eighteen, (3) his marriage, or (4) his death, except that the annuity of a child who is a student as described in section 204(b)(3) of this Act shall terminate on the last day of the month before (1) his marriage, (2) his death, (3) his ceasing to be such a student, or (4) his attaining age twenty-one. (f) Any unmarried participant retiring under the provisions of this Act and found by the Director to be in good health may at the time of retirement elect a reduced annuity, in lieu of the annuity as hereinbefore provided, and designate in writing a person having an insurable interest (as that term is used in section 9(h) of the Civil Service Retirement Act (5 U.S.C. 2259(h))) in the participant to receive an annuity after the participant's death. The annuity payable to the participant making such election shall be reduced by 10 per centum of an annuity computed as provided in paragraph (a) of this section, and by 5 per centum of an annuity so computed for each full five years the person designated is younger than the participant, but such total reduction shall not exceed 40 per centum. The annuity of a survivor designated under this paragraph shall be 55 per centum of the reduced annuity computed as prescribed above. The annuity payable to a beneficiary under the provisions of this paragraph shall begin on the first day of the next month after the participant dies. Upon the death of the surviving beneficiary all payments shall cease and no further annuity payments authorized under this paragraph shall be due or payable. PART D — B E N E F I T S ACCRUING TO CERTAIN PARTICIPANTS RETIREMENT FOR DISABILITY OR INCAPACITY—MEDICAL EXAMINATION RECOVERY

S E C 231. (a) Any participant who has five years of service credit toward retirement under the system, excluding military or naval service that is credited in accordance with provisions of section 251 or 252(a)(2), and who becomes totally disabled or incapacitated for useful and efficient service by reason of disease, illness, or iniury not due to vicious habits, intemperance, or willful misconduct on his part, shall, upon his own application or upon order of the Director, be retired on an annuity computed as prescribed in section 221. If the disabled or incapacitated participant is under sixty and has less than twenty years of service credit toward his retirement under the system at the time he is retired, his annuity shall be computed on the assumption that he has had twenty years of service, but the additional service credit that may accrue to a participant under this provision shall in no case exceed the difference between his a^e at the time of retirement and age sixty, but this provision shall not increase the annuity of any survivor. (b) In each case, the participant shall be ^iven a medical examination by one or more duly qualified physicians or surgeons designated by the Director to conduct examinations, and disability shall be determined by the Director on the basis of the advice of such physicians or surgeons. Unless the disability is permanent, like examinations shall be made annually until the annuitant has reached the statutory mandatory retirement a^e for his grade as provided in section 235. If the Director determines on the basis of the advice of one or more duly qualified physicians or surgeons conducting such examinations that an annuitant has recovered to the extent that he can return to duty, the annuitant may apply for reinstatement or

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PUBLIC LAW 88-643-OCT. 13, 1964

1047

reappointment in the Agency within one year from the date his recovery is determined. Upon application the Director may reinstate any such recovered disability annuitant in the grade in which he was serving at time of retirement, or the Director may, taking into consideration the age, qualifications, and experience of such annuitant, and the present grade of his contemporaries in the Agency, appoint him to a grade higher than the one in which he was serving prior to retirement. Payment of the annuity shall continue until a date six months after the date of the examination showing recovery or until the date of reinstatement or reappointment in the Agency, whichever is earlier. Fees for examinations under this provision, together with reasonable traveling and other expenses incurred in order to submit to examination, shall be paid out of the fund. If the annuitant fails to submit to examination as required under this section, ))ayment of the annuity shall be suspended until continuance of the disability is satisfactorily established. (c) I t a recovered disability annuitant whose annuity is discontinued is for any reason not reinstated or reappointed in the Agency, he shall be considered to have been separated within the meaning of paragraphs (a) and (b) of section 234 as of the date he was retired for disability and he shall, after the discontinuance of the disability annuity, be entitled to the benefits of that section or of section 241(a) except that he may elect voluntary retirement in accordance with the provisions of section 233 if he can qualify under its provisions. (d) No participant shall be entitled to receive an annuity under this Act and compensation for injury or disability to himself under the Federal Einployees' Compensation Act of September 7, 1916, as amended (5 U.S.C. 751 et seq.), covering the same period of time. 63^sta*t^*85'4^' This provision shall not bar the right of any claimant to the greater benefit conferred by either Act for any part of the same period of time. Neither this provision nor any provision of the said Act of September 7, 1916, as amended, shall be so construed as to deny the right of any participant to receive an annuity under this Act by reason of his own services and to receive concurrently any payment under such Act of September 7, 1916, as amended, by reason of the death of any other person. (e) Notwithstanding any provision of law to the contrary, the right of any person entitled to an annuity under this Act shall not be affected because such person has received an award of compensation in a lump simi under section 14 of the Federal Employees' Compensation Act of September 7, 1916, as amended (5 U.S.C. 764), except that where such annuity is payaole on account of the same disability for which compensation under such section has been paid, so much of such compensation as has been paid for any period extended beyond the date such annuity becomes effective, as determined by the Secretary of Labor, shall be refunded to the Department of Labor, to be paid into the Federal employees' compensation fund. Before such person shall conditions. receive such annuity he shall (1) refund to the Department of Labor the amount representing such commuted payments for such extended period, or (2) authorize the deduction of such amount from the annuity payable to him under this Act, which amount shall be transmitted to such Department for reimbursement to such fund. Deductions from such annuity may be made from accrued and accruing payments, or may be prorated against and paid from accruing payments in such manner as the Secretary of Labor shall determine, whenever he finds that the financial circumstances of the annuitant are such as to warrant such deferred refunding. 31-667 0-65—69

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PUBLIC LAW 88-643-OCT. 13, 1964

[78 STAT.

DEATH IN SERVICE

SEC. 232. (a) I n case a participant dies and no claim for annuity is payable under the provisions of this Act, his contributions to the fund, with interest at the rates prescribed in sections 241(a) and 281(a), shall be paid in the order of precedence shown in section 241(b). (b) If a participant, who has at least five years of service credit toward retirement under the system, excluding military or naval service that is credited in accordance with the provisions of section 251 or 2 5 2 (a)(2), dies before separation or retirement from the Agency and is survived by a widow or a dependent widower, as defined in section 204, such widow or dependent widower shall be entitled to an annuity equal to 55 per centum of the annuity computed in accordance with the provisions of section 221(a). The annuity of such widow or dependent widower shall commence on the date following death of the participant and shall terminate upon death or remarriage of the widow or dependent widower, or upon the dependent widower's becoming capable of self-support. (c) If a participant who has at least five years of service credit toward retirement under the system, excluding military or naval service that is credited in accordance with the provisions of section 251 or 252(a)(2), dies before separation or retirement from the Agency and is survived by a wife or a husband and a child or children, eacn surviving child shall be entitled to an annuity computed in accordance with the provisions of section 221(c)(1). The child's annuity shall begin and be terminated in accordance with the provisions of section 221(e). Upon the death of the surviving wife or husband or termination of the annuity of a child, the annuities of any remaining children shall be recomputed and paid as though such wife or husband or child had not survived the participant. (d) If a participant who has at least five years of service credit toward retirement under the system, excluding military or naval service that is credited in accordance with the provisions of section 251 or 2 5 2 (a)(2), dies before separation or retirement from the Agency and is not survived by a wife or husband, but by a child or children, each surviving child shall be entitled to an annuity computed in accordance with the provisions of section 221(c)(2). The child's annuity shall begin and terminate in accordance with the provisions of section 221(e). Upon termination of the annuity of a child, the annuities of any remaining children shall be recomputed and paid as though that child had never been entitled to the benefit. VOLUNTARY RETIREMENT

SEC. 233. Any participant in the system who is at least fifty years of age and has rendered twenty years of service may on his own application and with the consent of the Director be retired from the Agency and receive benefits in, accordance with the provisions of section 221 provided he has not less than ten years of service with the Agency of which at least five shall have been qualifying service. DISCONTINUED SERVICE BENEFITS

SEC. 234. (a) Any participant who separates from the Agency after having performed not less than five years of service with the Agency, may, ujyon separation from the Agency or at any time prior to Incoming eligible for an annuity, elect to have his contributions to the fund returned to him in accordance with the provisions of section 241, or (except in cases where the Director determines that separation was

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PUBLIC LAW 88-643-OCT. 13, 1964

based in whole or in part on the ground of disloyalty to the United States) to leave his contributions m the fund and receive an annuity, computed as prescribed in section 221, commencing at the age of sixtytwo years. (b) If a participant who has qualified in accordance with the provisions of paragraph (a) of this section to receive a deferred annuity commencing at the age of sixty-two dies before reaching the age of sixty-two his contributions to the fund, with interest, shall be paid in accordance with the provisions of sections 241 and 281. MANDATORY RETIREMENT

SEC. 235. (a) The Director may in his discretion place in a retired status any participant who has completed at least twenty-five years of service, or who is at least fifty jesLTS of age and has completed at least twenty years of service, provided such participant has not less than ten years of service with the Agency of which at least five shall have been qualifying service. If so retired, such participant shall receive retirement benefits in accordance with the provisions of section 221. (b) Any participant in the system receiving compensation at the rate of grade GS-18 or above shall be automatically separated from the Agency upon reaching the age of sixty-five. Any participant in the system receiving compensation at a rate less than grade GS-18 shall be automatically separated from the Agency upon reaching the age of sixty. Such separation shall be effective on the last day of the month in which a participant reaches age sixty or sixty-five, as specified in this section, but whenever the Director shall determine it to be in the public interest, he may extend such participant'service for a period not to exceed five years. A participant separated under the provisions of this section who has completed five years of Agency service shall receive retirement benefits in accordance with the provisions of section 221 of this Act. LIMITATION ON NUMBER OF RETIREMENTS

SEC. 236. The number of participants retiring on an annuity pursuant to sections 233, 234, and 235 of this Act shall not exceed a total of four hundred during the period ending on June 30, 1969, nor a total of four hundred during the period begmning on July 1, 1969, and ending on June 30, 1974. PART E—DISPOSITION or CONTRIBUTIONS AND INTEREST I N EXCESS OF BENEFITS RECEIVED

SEC. 241. (a) Whenever a participant becomes separated from the Agency without becoming eligible for an annuity or a deferred annuity in accordance with the provisions of this Act, the total amount of contributions from his salary with interest thereon at 4 per centum per annum to December 31, 1947, and 3 per centum per annum thereafter compounded annually to December 31, 1966 (or, in the case of a participant separated from the Agency before he has completed five years of service, to the date of separation) and proportionately for the period served during the year of separation including all contributions made during or for such period, except as provided in section 281, shall be returned to him. (b) I n the event that the total contributions of a retired participant, other than voluntary contributions made in accordance with the provisions of section 281, with interest at the rates provided in paragraph (a) of this section added thereto, exceed the total amount returned to

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such participant or to an annuitant claiming thi"ough him, in the form of annuities, the excess of the accumulated contributions over the accumulated annuity payments shall be paid in the following order of precedence, upon the establishment of a valid claim therefor, and such payment shall be a bar to recovery by any other person: (1) To the beneficiary or beneficiaries designated by such participant in writing to the Director; (2) If there be no such beneficiary to the surviving wife or husband of such participant; (3) If none of the above, to the child or children of such participant and descendants of deceased children by representation; (4) If none of the above, to the parents of such participant or the survivor of them; (5) If none of the above, to the duly appointed executor or administrator of the estate of such participant; (6) If none of the above, to other next oi kin of such participant as may be determined by the Director in his judgment to be legally entitled thereto. (c) No payment shall be made pursuant to paragraph (b)(6) of this section until after the expiration of thirty days from the death of the retired participant or his surviving annuitant. PART F — P E R I O D OF SERVICE FOR A N N U I T I E S COMPUTATION OF LENGTH OF SERVICE

39 Stat. 742;

SEC. 251. For the purposes of this Act, the period of service of a participant shall be computed from the date he becomes a participant under the provisions of this Act, but all periods of separation from the Agency and so much of any leaves of absence without pay as may exceed six months in the aggregate in any calendar year shall be excluded, except leaves of absence while receiving benefits under the Federal Employees' Compensation Act of September 7, 1916, as amended (5 U.S.C. 751 et seq.), and leaves of absence granted participants while performing active and honorable military or naval service in the Army, Navy. Air Force, Marine Corps, or Coast Guard of the United States. PRIOR SERVICE CREDIT

70 Stat. 747.

SEC. 252. (a) A participant may, subject to the provisions of this section, include in his period of service— (1) civilian service in the executive, judicial, and legislative branches of the Federal Government and in the District of Columbia government, prior to becoming a participant; and (2) active and honorable military or naval service in the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States prior to the date of the separation upon which title to annuity is based. (b) A participant may obtain prior civilian service credit in accordance with the provisions of paragraph (a)(1) of this section by making a special contribution to the fund equal to the percentage of his basic annual salary for each year of service for which credit is sought specified with respect to such year in the table relating to employees contained in section 4(c) of the Civil Service Retirement ^^^ ^5 XJ.S.C. 2254(c)), together with interest computed as provided in section 4(e) of such Act (5 U.S.C. 2254 (e)). Any such participant may, under such conditions as may be determined in each instance by the Director, pay such special contributions in installments.

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(c)(1) If an officer or employee under some other Government retirement system becomes a participant in the system by direct transfer, such officer or employee's total contributions and deposits, including interest accrued thereon, except voluntary contributions, shall be transferred to the fund effective as of the date such officer or employee becomes a participant in the system. Each such officer or employee shall be deemed to consent to the transfer of such funds and such transfer shall be a complete discharge and acquittance of all claims and demands against the other Government retirement fund on account of service rendered prior to becoming a participant in the system. (2) No participant, whose contributions are transferred to the fund in accordance with the provisions of paragraph (c)(1) of this section, shall be required to make contributions in addition to those transferred for periods of service for which full contributions were made to the other Government retirement fund, nor shall any refund be made to any such participant on account of contributions made during any period to the other Government retirement fund at a higher rate than that fixed for employees by section 4(c) of the Civil Service Retirement Act (5 U.S.C. 2254(c)) for contributions to the 7o Stat. 747.. fund. (3) No participant, whose contributions are transferred to the fund in accordance with the provisions of paragraph (c)(1) of this section, shall receive credit for periods of service for which a refund of contributions has been made, or for which no contributions were made to the other Government retirement fund. A participant may, however, obtain credit for such prior service by making a special contribution to the fund in accordance with the provisions of paragraph (b) of this section. (d) No participant may obtain prior civilian service credit toward retirement under the system for any period of civilian service on the basis of which he is receiving or will in the future be entitled to receive any annuity under anomer retirement system covering civilian personnel of the Government. (e) A participant may obtain prior military or naval service credit in accordance with the provisions of paragraph (a)(2) of this section by applying for it to the Director prior to retirement or separation from the Agency. However, in the case of a participant wiio is eligible for and receives retired pay on account of military or naval service, the period of service upon which such retired pay is based shall not be included, except that in the case of a participant who is eligible for and receives retired pay on account of a service-connected disability incurred in combat with an enemy of the United States or caused by an instrumentality of war and incurred in line of duty during a period of war (as that term is used in chapter 11 of title 38, United States Code), or is awarded under chapter 67 of title 10 of 38 USC 3oi.36o. the United States Code, the period of such military or naval service 133°. ^^ ^^^'" shall be included. No contributions to the fund shall be required in connection with military or naval service credited to a participant in accordance with the provisions of paragraph (a)(2) of this section. (f) Notwithstanding any other provision of this section or section 253 any military service (other than military service covered by military leave with pay) performed by a participant after December 1956 shall be excluded in determining the aggregate period of service upon which an annuity payable under this Act to such participant or to his widow or child is to be based, if such participant or widow or child is entitled (or would upon proper application be entitled) at the time of such determination, to monthly old-age or survivors' benefits under section 202 of the Social Security Act, as amended (42 U.S.C. 402), 49 Stat. 623.

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based on such participant's wages and self-employment income. If in the case of the participant or widow such military service is not excluded under the preceding sentence, but upon attaining age sixtytwo, he or she becomes entitled (or would upon proper application be entitled) to such benefits, the aggregate period of service upon which such annuity is based shall be redetermined, effective as of the first day of the month in which he or she attains such age, so as to exclude such service. CREDIT FOR SERVICE W H I L E ON MILITARY LEAVE

SEC. 253. (a) A participant who, during the period of any war, or of any national emergency as proclaimed by the President or declared by the Congress, has left or leaves his position to enter the military service shall not be considered, for the purposes of this Act, as separated from his Agency position by reason of such military service, unless he shall apply for and receive a refund of contributions under this Act: Provided, That such participant shall not be considered as retaining his Agency position beyond December 31, 1956, or the expiration of five years of such military service, whichever is later. (b) Contributions shall not be required covering periods of leave of absence from the Agency granted a participant while performing active military or naval service in the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States. PART G — M O N E Y S ESTIMATE OF APPROPRIATIONS NEEDED

SEC. 261. The Director shall prepare the estimates of the annual appropriations required to be made to the fund, and shall cause to be made actuarial valuations of the fund at intervals of five years, or of tener if deemed necessary by him. INVESTMENT OF MONEYS I N THE F U N D

SEC. 262. The Director may, with the approval of the Secretary of the Treasury, invest from time to time in interest-bearing securities of the United States such portions of the fund as in his judgment may not be immediately required for the payment of annuities, cash benefits, refunds, and allowances, and the income derived from such investments shall constitute a part of such fund. ATTACHMENT OF MONEYS

SEC. 263. None of the moneys mentioned in this Act shall be assignable either in law or equity, or be subject to execution, levy, attachment, garnishment, or other legal process. PART H — R E T I R E D PARTICIPANTS RECALLED, REINSTATED, OR REAPPOINTED IN THE AGENCY, OR REEMPLOYED I N THE GOVERNMENT RECALL

SEC. 271. (a) The Director may, with the consent of any retired participant, recall such participant to duty in the Agency whenever he shall determine such recall is in the public interest. (b) Any such participant recalled to duty in the Agency in accordance with the provisions of paragraph (a) of this section or reinstated or reappointed in accordance with the provisions of section 231(b)

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shall, while so serving, be entitled in lieu of his annuity to the full salary of the grade in which he is serving. During such service, he shall make contributions to the fund in accordance with the provisions of section 211. When he reverts to his retired status, his annuity shall be determined anew in accordance with the provisions of section 221. REEMPLOYMENT

SEC. 272. Notwithstanding any other provision of law, a participant retired under the provisions of this Act shall not, by reason of his retired status, be barred from employment in Federal Government service in any appointive position for which he is qualified. An annuitant so reemployed shall serve at the will of the appointing officer. REEMPLOYMENT

COMPENSATION

SEC. 273. (a) Notwithstanding any other provision of law, any annuitant who has retired under this Act and who is reemployed in the Federal Government service in any appointive position either on a part-time or full-time basis shall be entitled to receive his annuity payable under this Act, but there shall be deducted from his salary a sum equal to the annuity allocable to the period of actual employment. (b) I n the event of any overpayment under this section, such overpayment shall be recovered by withholding the amount involved from the salary payable to such reemployed annuitant, or from any other moneys, including his annuity, payable in accordance with the provisions of this Act. PART I—VOLUNTARY CONTRIBUTIONS

SEC. 281. (a) Any participant may, at his option and under such regulations as may be prescribed by the Director, deposit additional sums in multiples of 1 per centum of his basic salary, but not in excess of 10 per centum of such salary, which ajnounts together with interest at 3 per centum per annum, compounded annually as of December 31, and proportionately for the period served during the year of his retirement, including all contributions made during or for such period, shall, at the date of his retirement and at his election, be— (1) returned to him in lump sum; (2^ used to purchase an additional life annuity; (3) used to purchase an additional life annuity for himself and to provide for a cash payment on his death to a beneficiary whose name shall be notified in writing to the Director by the participant; or (4) used to purchase an additional life annuity for himself and a life annuity commencing op his death payable to a beneficiary whose name shall be notified in writing to the Director by the participant with a guaranteed return to the beneficiary or his legal representative of an amount equal to the cash payment referred to in subparagraph (3) above. (b) The benefits provided by subparagraphs (2), (3), or (4) of paragraph (a) of this section shall be actuarially equivalent in value to the payment provided for by subparagraph (a)(1) of this section and shall be calculated upon such tables of mortality as may be from time to time prescribed for this purpose by the Director. (c) In case a participant shall become separated from the Agency for any reason except retirement on an annuity, the amount of any additional deposits with interest at 3 per centum per annum, compounded as is provided in paragraph (a) of this section, made by him

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under the provisions of said paragraph (a) shall be refunded in the manner provided in section 241 for the return of contributions and interest in the case of death or separation from the Agency. (d) Any benefits payable to a participant or to his beneficiary in respect to the additional deposits provided under this section shall be in addition to the benefits otherwise provided under this Act. PART

76 |tat. 869. 5 USC 2268.

J—CosT-or-LiviNG

ADJUSTMENT OF ANNUITIES

SEC. 291. (a) On the basis of determinations made by the Civil Service Commission pursuant to section 18 of the Civil Service Retirement Act, as amended, pertaining to per centum change in the price index, the following adjustments shall be made: (1) Effective April 1, 1966, if the change in the price index from 1964 to 1965 shall have equaled a rise of at least 3 per centum, each annuity payable from the fund which has a commencing date earlier than January 2, 1965, shall be increased by the per centum rise in the price index adjusted to the nearest one-tenth of 1 per centum. (2) Effective April 1 of any year other than 1966 after the price index change shall have equaled a rise of at least 3 per centum, each annuity payable from the fund which has a commencing date earlier than January 2 of the preceding year shall be increased by the per centum rise in the price index adjusted to the nearest one-tenth of 1 per centum. (b) Eligibility for an annuity increase under this section shall be governed by the commencing date of each annuity payable from the fund as of the effective date of an increase, except as follows: (1) Effective from the date of the first increase under this section, an annuity payable from the fund to an annuitant's survivor (other than a child entitled under section 221(c)), which annuity commenced the day after the annuitant's death, shall be increased as provided in subsection (a)(1) or (a)(2) if the commencing date of annuity to the annuitant was earlier than January 2 of the year preceding the first increase. (2) Effective from its commencing date, an annuity payable from the fund to an annuitant's survivor (other than a child entitled under section 221(c)), which annuity commences the day after the annuitant's death and after the effective date of the first increase under this section, shall be increased by the total per centum increase the annuitant was receiving under this section at death. (3) For purposes of computing an annuity which commences after the effective date of the first increase under this section to a child under section 221(c), the items $600, $720, $1,800, and $2,160 appearing in section 221(c) shall be increased by the total per centum increase allowed and in force under this section and, in case of a deceased annuitant, the items 40 per centum and 50 per centum appearing in section 221(c) shall be increased by the total per centum increase allowed and in force under this section to the annuitant at death. Effective from the date of the first increase under this section, the provisions of this paragraph shall apply as if such first increase were in effect with respect to computation of a child's amiuity under section 221(c) which commenced between January 2 of the year preceding the first increase and the effective date of the first increase. (c) No increase in annuity provided by this section shall be computed on any additional annuity purchased at retirement by voluntary contributions. (d) The monthly installment of annuity after adjustment under this section shall be fixed at the nearest dollar. Approved October 13, 1964.

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Public Law 88-644 AN ACT

October 13, 1964

To modify the retirement benefits of the judges of the District of Columbia Court of General Sessions, the District of Columbia Court of Appeals, and the Juvenile Court of the District of Columbia, and for other purposes.

[H. R. 5871]

Be it enacted by the Senate and House of Representatives of the United /States of America in Congress assembled, Thiit section 11-1701 District of C of the District of C o l u m b i a Code is amended to read as follows: R^^ire^mentAct "§ 11-1701. Retirement,

resignation,

and nonreappointment

o f °^7^st^at. 502.

judges; recall " (a)(1) Any judge of the District of Columbia Court of General Sessions, any judge of the District of Columbia Court of Appeals (as established by this Act), or any judge of the Juvenile Court of the District of Columbia who is subject to this subsection shall hereafter be eligible to retire after having served as a judge of such court or courts for a period or periods aggregating ten years or more, whether continuously or not. Any judge who so retires shall receive annually in equal monthly installments, during the remainder of his life, a sum equal to such proportion of the salary received by such judge at the date of such retirement as the total of his aggregate years of service bears to the period of thirty years, the same to be paid in the same manner as the salary of such judge: Provided, That if any such judge shall retire after twenty or more years of service, other than for permanent disability, his retirement salary shall not commence until he shall have reached the age of fifty: Provided further, however, That if any such judge shall retire after less than twenty years of service, other than for permanent disability, his retirement salary shall not commence until he shall have reached the age of sixty-two, except that such judge may elect to receive a reduced retirement salary beginning at the age of nfty-five or at the date of his retirement if subsequent to that age, the reduction in retirement salary in such case to be onehalf of 1 per centum for each month or fraction of a month the judge is under the age of sixty-two at the time of commencement of his reduced retirement salary. I n no event shall the sum received by any judge salary umitaas retirement salary under this subsection be in excess of 80 per centum of the salary of such judge at the date of such retirement. I n computing the years of service under this section, service in either the Police Court of the District of Columbia or the Municipal Court of the District of Columbia, or the Juvenile Court of the District of Columbia, the District of Columbia Court of Appeals, or the District of Columbia Court of General Sessions, as heretofore constituted, shall be included whether or not such service be continuous. The terms 'retire' and ti/'^ent'^l,^""' ""^ 'retirement' as used in this section shall mean retirement, resignation, "^^"'^" ' or failure of reappointment upon the expiration of the term of office of an incumbent. "(2) Any judge subject to this subsection may hereafter retire after Disability. having served five years or more and having become permanently disabled from performing his duties. Such ]udge may retire for disability by furnishing to the Commissioners of the District of Columbia a certificate of disability signed by a duly licensed physician and approved by the Surgeon General of the Public Health Service. A judge who retires for disability under this subsection shall receive annually in equal monthly installments, during the remainder of his life, a sum equal to such proportion of the salary received by such judge at the date of such retirement as the total of his aggregate years of service bears to the period of thirty years, the same to be paid in the

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same manner as the salary of such jud^e, except that in no event shall the sum received by any judge as retirement salary hereunder be in excess of 80 per centum of the salary of such judge at the date of such retirement for disability. Recall to serv"(3) Any judge receiving retirement salary under the provisions of this subsection or under the provisions of this section as it existed immediately prior to its amendment by the District of Columbia Judges Eetirement Act of 1964 may be called upon by the chief judge of the District of Columbia Court of General Sessions, or the chief judge of the District of Columbia Court of Appeals, or the chief judge of the Juvenile Court of the District of Columbia, to perform such judicial duties as may be requested of him in any of such courts, but in any event no such retired judge shall be required to render such service for a total of more than ninety days in any calendar year after such retirement. Any judge called upon pursuant to this subsection to perform judicial duties who, for any reason except illness or disability, fails to perform such duties so requested shall forfeit all right to retired pay under this section for the one-year period which begins on the first day on which he so fails to perform such duties. In case of illness or disability precluding the rendering of such service such judge shall be fully relieved of any such duty during such illness or disability. Salary deduc«(4) From and after the first day of the first pay period which begins tions on or after the effective date of the District of Columbia Judges Retirement Act of 1964, there shall be deducted and withheld from the basic salary of each judge subject to the provisions of this subsection an amount equal to 3 ^ per centum of such judge's basic salary. The amounts so deducted and withheld shall, in accordance with such procedures as may be p>rescribed by the Commissioners of the District of Columbia, be deposited in the District of Columbia Judicial Retirement and Survivors Annuity Fund established pursuant to paragraph Post, p. 1061. (^i^^ Qf subsection (d) of this section. Each judge subject to the provisions of this subsection shall be deemed to consent and agree to such deductions from basic salary and payment less such deductions shall be a full and complete discharge and acq[uittance of all claims and demands whatsoever for all regular service during the period covered ', by such payment, except the right to the benefits to which he shall be entitled under this subsection, notwithstanding any law, rule, or regulation affecting the individual's salary. Deposits. (5) Each judge subject to the provisions of this subsection shall deposit, with interest at 4 per centum per annum to December 31, 1947, and 3 per centum per annum thereafter, compounded on December 31 of each year, in the fund, a sum equal to 3^/^ per centum of his salary received for judicial service performed by him as a judge of any court referred to in paragraph (1) of subsection (a) prior to the date he became subject to the provisions of this subsection. Each judge may elect to make such deposits in installments during the continuance of his judicial service in such amounts as may be determined in each instance by the Commissioners of the District of Columbia. Notwithstanding the failure of any such judge to make such deposits, credit shall be allowed for the service rendered but the retirement pay of such judge shall be reduced by 10 per centum of such deposit remaining unpaid, unless such judge shall elect to eliminate the service involved for purposes of retirement salary computation. Resignation or "(gj j f ^j^y judge who is subject to the provisions of this subsection death, resigns from his judicial office otherwise than under the provisions of this subsection, all amounts deducted from his salary under paragraph (4) and deposited by him under paragraph (5), together with interest at 4 per centum per annum to Deceml^r 31, 1947, and 3 per centum per

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