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 862

" 'New' Philippine S c o u t s. " 59 Stat. 543.

PUBLIC LAW 89-614-SEPT. 30, 1966

[80 STAT.

dent dated July 26, 1941, including among such military forces organized guerrilla forces under commanders appointed, designated, or subsequently recognized by the Commander-in-Chief, Southwest Pacific Area, or other competent authority in the Army of the United States, and who were discharged or released from such service under conditions other than dishonorable. " (b) The term ' "New" Philippine Scouts' means Philippine Scouts who served under section 14 of the Armed Forces Voluntary Recruitment Act of 1945j and who were discharged or released from such service under conditions other than dishonorable." SEC. 2. The table of sections of chapter 35 of title 38, United States Code, is amended by adding at the end thereof the following: "SUBCHAPTER VII — P H I L I P P I N E COMMONWEALTH ARMY AND P H I L I P P I N E SCOUTS "1765. Children of certain Philippine veterans. "1766. Definitions."

Approved September 30, 1966. Public Law 89-614 September 30, 1966 [H. R. 14088]

Military Medical Benefits Amendments of 1966. 7 2 Stat. 1445. 10 USC 1071.

AN ACT To amend chapter 55 of title 10, United States Code, to authorize an improved health benefits program for retired members of the uniformed services and their dependents, and the dependents of active duty members of the uniformed services, and for other purposes.

Be it enacted by the Senate and House of Representathes of the United States of America in Congress assembled, That this Act may be cited as the "Military Medical Benefits Amendments of 1966". SEC. 2. Chapter 55 of title 10, United States Code, is amended as follows: (1) Sections 1071, 1072, 1073, and 1084 are each amended by striking out "1085" wherever it appears (in catchline or text) and by inserting in place thereof "1087". (2) Section 1074(b) is amended to read as follows: "(b) Under joint regulations to be prescribed by the Secretary of Defense and the Secretary of Health, Education, and Welfare, a member or former member of a uniformed service who is entitled to retired or retainer pay, or equivalent pay may, upon request, be given medical and dental care in any facility of any uniformed service, subject to the availability of space and facilities and the capabilities of the medical and dental staff. The Secretary of Defense and the Secretary of Health, Education, and Welfare may, with the agreement of the Administrator of Veterans' Affairs, provide care to persons covered by this subsection in facilities operated by the Administrator and determined by him to be available for this purpore on a reimbursable basis at rates approved by the Bureau of the Budget." (3) Section 1076(b) is amended to read as follows: " (b) Under joint regulations to be prescribed by the Secretary of Defense and the Secretary of Health, Education, and Welfare, a dependent of a member or former member who is, or was at the time of his death, entitled to retired or retainer pay, or equivalent pay, may, upon request, be given the medical and dental care prescribed by section 1077 of this title in facilities of the uniformed services, subject to the availability of space and facilities and the capabilities of the medical and dental staff."

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PUBLIC LAW 89-614-SEPT. 30, 1966

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(4) Section 1077 is amended to read as follows: "§ 1077. Medical care for dependents; authorized care in facilities of uniformed services " (a) Only the following types of health care may be provided under section 1076 of this title: "(1) Hospitalization. "(2) Outpatient care. "(3) Drugs. " (4) Treatment of medical and surgical conditions. "(5) Treatment of nervous, mental, and chronic conditions. " (6) Treatment of contagious disases. "(7) Physical examinations, including eye examinations, and immunizations. '8) Maternity and infant care. J9) Diagnostic tests and services, including laboratory and X-ray examinations. " (10) Emergency dental care worldwide. "(11) Koutine dental care outside the United States and at stations in the United States where adequate civilian facilities are unavailable. " (12) Dental care worldwide as a necessary adjunct of medical, surgical, or preventive treatment. "(13) Ambulance service and home calls when medically necessary. "(14) Durable equipment, such as wheelchairs, iron lungs, and hospital beds may be provided on a loan basis. " (b) The following types of health care may not be provided under section 1076 of this title: 7 2 Stat. 1447. 1) Domiciliary or custodial care. ^2) Prosthetic devices, hearing aids, orthopedic footwear, and spectacles except that— " (A) outside the United States and at stations inside the United. States where adequate civilian facilities are unavailable, such items may be sold to dependents at cost to the United States, and " (B) artificial limbs and artificial eyes may be provided." (5) Section 1078(a) is amended by deleting the last sentence and adding the following sentence at the end thereof: "The charge or charges prescribed shall be applied equally to all classes of dependents." (6) Section 1079 is amended to read as follows: Medical con" (a) To assure that medical care is available for spouses and chil- tracts for spouses dren of members of the uniformed services who are on active duty '^"d JhiWren for a period of more than thirty days, the Secretary of Defense, after consulting with the Secretary of Health, Education, and Welfare, shall contract, under the authority of this section, for medical care for those persons under such insurance, medical service, or health plans as he considers appropriate. The types of health care authorized under this ^,^,f,';^^"f "^^ section shall be the same as those provided under section 1076 of this provisions. title, except that: "(1) with respect to dental care, only that care required as a necessary adjunct to medical or surgical treatment may be provided; "(2) routine physical examinations and immunizations may only be provided when required in the case of dependents who are traveling outside the United States as a result of a member's duty assignment and such travel is being performed under orders issued by a uniformed service;

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Charges.

Payment regulations.

72 Stat. 1446.

Retarded or handicapped individuals.

Exceptional provisions.

PUBLIC LAW 89-614-SEPT. 30, 1966

[80 STAT.

"(3) routine care of the newborn, well-baby care, and eye examinations may not be provided; "(4) under joint regulations to be prescribed by the Secretary of Defense and the Secretary of Health, Education, and Welfare, the services of Christian Science practitioners and nurses and services obtained in Christian Science sanatoriums may be provided; "(5) durable equipment, such as wheelchairs, iron lungs and hospital beds may be provided on a rental basis. " (b) Plans covered by subsection (a) shall include provisions for payment by the patient of the following amounts: "(1) $25 for each admission to a hospital, or the amount the patient would have been charged under section 1078(a) of this title had the care being paid for been obtained in a hospital of the uniformed services, whichever amount is the greater. "(2) Except as provided in clause (3), the first $50 each fiscal year of the charges for all types of care authorized by subsection (a) and received while in an outpatient status and 20 per centum of all subsequent charges for such care during a fiscal year. "(3) A. family group of two or more persons covered by this section shall not be required to pay collectively more than the first $100 each fiscal year of the charges for all types of care authorized by subsection (a) and received while in an outpatient status and 20 per centum of the additional charges for such care during a fiscal year. "(c) The methods for making payment under subsection (b) shall be prescribed under joint regulations issued by the Secretary of Defense and the Secretary of Health, Education, and Welfare. " (d) Under joint regulations to be prescribed by the Secretary of Defense and the Secretary of Health, Education, and Welfare, in the case of a dependent, as defined in section 1072(2)(A), (C), or (E) of this title, of a member of the uniformed services on active duty for a period of more than thirty days, who is moderately or severely mentally retarded or who has a serious physical handicap, the plans covered by subsection (a) shall, with respect to the retardation or handicap of such dependent, include the following: "(1) Diagnosis. " (2) Inpatient, outpatient, and home treatment. " (3) Training, rehabilitation, and special education. "(4) Institutional care in private nonprofit, public and State institutions and facilities and, when appropriate, transportation to and from such institutions and facilities. "(e) Members shall be required to share in the cost of any benefits provided their dependents under subsection (d). "(1) Except as provided in clause (3), members in the lowest enlisted pay grade shall be required to pay the first $25 incurred each month and members in the highest commissioned pay grade shall similarly be required to pay $250 per month. The amounts to be similarly paid by members in all other pay grades shall be determined under joint regulations to be prescribed by the Secretary of Defense and the Secretary of Health, Education, and Welfare. "(2) Except as provided in clause (4), the Government's share of the cost of any benefits provided in a particular case under subsection (d) shall not exceed $350 per month. "(3) Members shall also be required to pay each month that amount, if any, remaining after the Government's maximum share has been reached.

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STAT.]

865

PUBLIC LAW 89-614-SEPT. 30, 1966

"(4) A member who has more than one dependent incurring expenses in a given month under a plan covered by subsection (d) shall not be required to pay an amount greater than he would be required to pay if he had but one such dependent. " (f) To qualify for the benefits provided by subsection (d), members shall be required to use public facilities to the extent they are available and adequate as determined under joint regulations of the Secretary of Defense and the Secretary of Health, Education, and Welfare." (7) The following new sections are added after section 1085: "§1086. Contracts for health benefits for certain members, former members, and their dependents " (a) To assure that health benefits are available for the persons covered by subsection (c), the Secretary of Defense, after consulting with the Secretary of Health, Education, and Welfare, shall contract under the authority of this section for health benefits for those persons under the same insurance, medical service, or health plans he contracts for under section 1079(a) of this title. "(b) For persons covered by this section the plans contracted for under section 1079(a) of this title shall contain the following provisions for payment by the patient: "(1) Except as provided in clause (2), the first $50 each fiscal year of the charges for all types of care authorized by this section and received while in an outpatient status and 25 per centum of all subsequent charges for such care during a fiscal year. "(2) A family group of two or more persons covered by this section shall not be required to pay collectively more than the first $100 each fiscal year of the charges for all types of care authorized by this section and received while in an outpatient status and 25 per centum of the additional charges for such care during a fiscal year. " (3) 25 per centum of the charges for inpatient care. "(c) The following persons are eligible for health benefits under this section: "(1) Those covered by sections 1074(b) and 1076(b) of this title, except those covered by section 1072(2)(F) of this title. " (2) A dependent of a member of a uniformed service who died while on active duty for a period of more than thirty days, except a dependent covered by section 1072(2)(F) of this title. However, a person who is entitled to hospital insurance benefits under title I of the Social Security Amendments of 1965 (79 Stat. 286) is not eligible for health benefits under this section. " (d) No benefits shall be payable under any plan covered by this section in the case of a person enrolled in any other insurance, medical service, or health plan provided by law or through employment unless that person certifies that the particular benefit he is claiming is not payable under the other plan. (e) A person covered by this section may elect to receive benefits either in (1) Government facilities, under the conditions prescribed in sections 1074 and 1076-1078 of this title, or (2) the facilities provided under a plan contracted for under this section. However, under joint regulations issued by the Secretary of Defense and the Secretary of Health, Education, and Welfare, the right to make this election may be limited for those persons residing in an area where adequate facilities of the uniformed service are available.

Use of public facilities.

Ante, p. 863.

Payment provi-

Eligibility for health benefits. Ante, p. 862; 72 Stat. 1446.

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PUBLIC LAW 89-615-OCT. 3, 1966

[80

STAT.

"§ 1087. Program i n g f a c i l i t i e s for certain m e m b e r s, former m e m bers, and the i r d e p e n d e n t s in construction p r o j e c t s of the uniformed services " S p a c e for i n p a t i e n t and o u t p a t i e n t care may be program e d in facilities of the uniform e d services for persons covered by sections 1074 (b) and 1076 (b) of t h i s title. The a m o u n t of space so program e d shall b e l i m i t e d to that a m o u n t determined by the Secretary concerned to be necessary to s u p p o r t t e a c h i n g and t r a i n i n g requirements in uniform e d services facilities, except that space may be program e d in areas h a v i n g a l a r g e concentration of r e t i r e d m e m b e r s and the i r d e p e n d e n t s w h e r e the r e is also a projected critical s h o r t a g e of community facilities." (8) Section 1082 is amended by inserting " and 1086" i m m e d i a t e l y after " 1 0 8 1 " and by amending the catchline to read as f o l l o w s: "§ 1082. Contracts for health c a r e: a d v i s o r y committee s ". (9) The analysis is amended by striking out the following items: "1071. Purpose of sections 1071-1085 of this title." • • "1073. Administration of sections 1071-1085 of this title." "1077. Medical and dental care for dependents: specific inclusions and exclusions." «

•

•

»

"1082. Contracts for medical care for spouses and children: advisory committees." and inserting the following items: "1071. Purpose of sections 1071-1087 of this title," »

Effective dates.

•

•

•

•

•

"1073. Administration of sections 1071-1087 of this title." "1077. Medical care for dependents: authorized care in facilities of uniformed services." "1082. Contracts for health care: advisory committees." "1086. Contracts for health care for certain members, former members, and their dependents." "1087. Programing facilities for certain members, former members, and their dependents in construction projects of the uniformed services." SEC. 3. The amendments m a d e by t h i s Act shall become effective January 1, 1967, except that those amendments r e l a t i n g to o u t p a t i e n t c a r e i n civilian facilities for spouses and c h i l d r e n of m e m b e r s of the uniform e d services w h o a r e on active d u t y for a period of more than 30 d a y s shall become effective on October 1, 1966. Approved September 30, 1966.

P u b l i c Law 89-615 October 3, 1966 [S.3261]

Mount Desert Island Regional School District, Maine. Conveyance.

AN ACT To authorize the Secretary of the Interior to convey certain lands in the State of Maine to the Mount Desert Island Regional School District. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior may convey to the M o u n t D e s e r t Island R e g i o n a l School District in the State of M a i n e a p o r t i o n of the A c a d i a National P a r k, former l y o w n e d by J o h n D. Rockefeller, J u n i o r, c o m p r i s i n g a p p r o x i m a t e l y sixty-six acres (lot 3 5 4), and in e x c h a n g e the r e for the Secretary may accept from said school district any property which i n h i s j u d g m e n t is suitable for a d d i t i o n to the p a r k. The values of

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 80 STAT.]

PUBLIC LAW 8 9 - 6 1 6 - O C T. 3, 1966

867

the properties so exchanged either shall be approximately equal, or if they are not approximately equal the values shall be equalized by the payment of cash to the grantor or to the Secretary as the circumstances require. Any cash payment received by the Secretary shall be credited to the Land and Water Conservation F u n d in the Treasury of the United States. A conveyance of the federally owned lot shall eliminate it from the park. Approved October 3, 1966. Public Law 89-616 AN ACT

October 3, 1966

To authorize the Secretary of the Interior to study the feasibility and desirability of a Connecticut River National Recreation Area, in the States of Connecticut, Massachusetts, Vermont, and New Hampshire, and for other purposes.

l^s.asio]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in order to Rive^N'aaonii consider preserving the Connecticut River area and appropriate seg- Rec"atron°Area. ments of adjoining land in their natural condition for public outdoor g^^^^^^*'^^"'' recreation, and preserving the priceless natural beauty and historic ^*" ^' heritage of the river valley, the Secretary of the Interior shall study, investigate, and formulate recommendations on the feasibility and desirability of establishing all or parts of the Connecticut River Valley from its source to its mouth, in the States of Connecticut, Massachusetts, Vermont, and New Hampshire, as a Connecticut River National Recreation Area. The Secretary shall consult with other interested Federal agencies, and the State and local bodies and officials involved, and shall coordinate his study with applicable highway plans and other planning activities relating to the region. I n conducting the study, the Secretary shall hold public hearings within any State involved, upon the request of the Governor thereof, for the purpose of receiving views and recommendations on the establishment of a national recreation area. SEC. 2'. The Secretary of the Interior shall submit to the President, de^rrt^and con-^^^" within two years after the date of this Act, a report of his findings gress. and recommendations. The President shall submit to the Congress such recommendations, including legislation, as he deems appropriate. The Secretary's report shall contain, but not be limited to, findings with respect to— (a) the scenic, scientific, historic, outdoor recreation, and the natural values of the water and related land resources involved, including driving for pleasure, walkingj hiking, riding, boating, bicycling, swimming, picnicking, camping, forest management, fish and wildlife management, scenic and historic site preservation, hunting, fishing, and winter sports; (b) the potential alternative beneficial uses of the water and related land resources involved, taking into consideration appropriate uses of the land for residential, commercial, industrial^ agricultural, and transportation purposes, and for public services; and (c) the type of Federal program that is feasible and desirable in the public interest to preserve, develop, and make accessible the values set forth in subsection (a), including the consideration of scenic roads or parkways, and that also will have a minimum impact on other essential operations and activities in the area, and on private property owners. SEC. 3. There is authorized to be appropriated $100,000 or such part Appropriation. of said sum as may be necessary to carry out the provisions of this Act. Approved October 3, 1966.

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PUfeLIC LAW 89-617-OCT. 3, 1966

[80 STAT.

Public Law 89-617 October 3, 1966 [s. 1474]

pZytlT.^ ^^'

AN ACT r^Q create a bipartisan commission to study Federal laws limiting political activity by officers and employees of Government.

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

Political activity, study.

of the

ESTABLISHMENT OF COMMISSION

1. There is hereby established a commission to be known as the Commission on Political Activity of Government Personnel (in this Act referred to as the "Commission"). SECTION

MEMBERSHIP OF THE COMMISSION

2. (a) NUMBER AND APPOINTMENT.—The Commission shall be composed of twelve members as follows: (1) Four appointed by the President of the United States, two from the executive branch of the Government and two from private life; (2) Four appointed by the President of the Senate, two from the Senate and two from private life; and (3) Four appointed by the Speaker of the House of Representatives, two from the House of Representatives and tw'o from private life. (b) POLITICAL AFFILIATION.—Of each class of two members appointed under subsection (a), not more than one member shall be from each of the two major political parties, (c) VACANCIES.—Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. SEC.

ORGANIZATION OF THE COMMISSION

SEC. 3. The Commission shall elect a Chairman and a Vice Chairman from among its members. QUORUM

SEC. 4. Seven members of the Commission shall constitute a quorum. COMPENSATION OF MEMBERS OF THE COMMISSION SEC. 5. (a) MEMBERS OF CONGRESS.—Members of Congress who

are

members of the Commission shall serve without compensation in addition to that received for their services as Members of Congress; but they shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of the duties vested in the Commission. (b) MEMBERS FROM THE EXECUTIVE BRANCH.—The members of the Commission who are in the executive branch of the Government shall serve without compensation in addition to that received for their services in the executive branch, but they shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of the duties vested in the Commission. (c) MEMBERS FROM PRIVATE L I F E. — The members from private life shall each receive $50 per diem when engaged in the actual performance of duties vested in the Commission, plus reimbursement for travel, subsistence, and other necessary expenses incurred by them in the performance of such duties.

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PUBLIC LAW 89-617-OCT. 3, 1966

869

S T A F F OF THE COMMISSION

SEC. 6. (a) The Commission shall have power to appoint and fix the compensation of such personnel as it deems advisable, without regard to the provisions of the civil service laws and the Classification 63 Stat. 954. Act of 1949, as amended. 5 USC 1071 (b) The Commission may procure, without regard to the civil serv- note ice laws and the Classification Act of 1949, as amended, temporary and intermittent services to the same extent as is authorized for the departments by section 15 of the Administrative Expenses Act of 1946 (5 U.S.C. 55a), but at rates not to exceed $50 per diem for individuals. 60 Stat. 810. D U T I E S OF THE COMMISSION

7. (a) STUDY AND INVESTIGATION.—The Commission shall make a full and complete investigation and study of the Federal laws which limit or discourage the participation of Federal and State officers and employees in political activity with a view to determining the effect of such laws, the need for their revision or elimination, and an appraisal of the extent to which undesirable results might accrue from their repeal. (b) REPORTS.—The Commission shall submit a comprehensive report, Report to Pre siof its activities and the results oi its studies to the President and to the dent sand Congres. Congress within one year after the date of enactment of this Act at which date the Commission shall cease to exist. The final report of the Commission shall contain such proposed legislative enactments as, in the judgment of the Commission, are necessary to carry out its recommendations. SEC.

POWERS OF THE COMMISSION

8. (a) HEARINGS AND SESSIONS.—The Commission or, on the authorization of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out the provisions of this Act, hold such hearings and sit and act at such times and places, administer such oaths, and require, by subpena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memorandums, papers, and documents as the Commission or such subcommittee or member may deem advisable. Subpenas may be issued under the signature of the Chairman of the Commission, of such subcommittee, or any duly designated member, and may be served by any person designated by such Chairman or member. The provisions of section 102 to 104, inclusive, of the Revised Statutes of the United States (2 U.S.C. secs. 192-194, inclusive), shall apply in the case of failure of any witness to compljy with a subpena or to testify when summoned under authority of this section. (b) OBTAINING OFFICIAL DATA.—The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality information, suggestions, estimates, and statistics for the purpose of this Act; and each such department, bureau, agency, board, commission, office, establishment, or instrumentality is authorized and directed to furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the Chairman or Vice Chairman. Approved October 3, 1966. SEC.

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PUBLIC LAW 89-618-OCT. 4, 1966

[80 STAT.

Public Law 89-618 October 4,196f [S.2287]

Delmarva Peninsula. Hydrologic study.

Duties of Secretary.

Reports to President iand C o n g r e s s.

Information from Federal agencies.

AN ACT To authorize a five-year hydrologic study and investigation of the Delmarva Peninsula.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior (hereinafter referred to as the "Secretary") is authorized and directed to make a comprehensive study and investigation of the water resources of the Delmarva Peninsula with a view to determining the availability of fresh water supplies needed to meet the anticipated future water requirements of the Delmarva Peninsula area, and with a view to determining the most effective means from the standpoint of hydrologic feasibility of protecting and developing fresh water sources so as to insure, insofar as practicable, the availability of adequate water supplies in the future. In carrying out such study and investigation with respect to the Delmarva Peninsula, the Secretary shall— (1) appraise the water use, requirements, and trends, and determine the availability of water in the streams and underground sources for the entire peninsula; (2) determine the depths, thicknesses, and permeabilities, the perennial yield, and the recharge characteristics of major aquifers, and the quality characteristics to be expected from each such major aquifer; (3) determine with respect to ground water resources the continuity and extent of important water-bearing formations; (4) determine the yield from stream systems under natural flowconditions and under varying degrees of storage and the amounts and quality of waters available from such systems during drought, flood, and intermediate conditions; (5) determine whether sea water has moved inland into heavily pumped coastal aquifers; (6) give special consideration to conditions which may invite the invasion of sea water into fresh-water supplies; (7) compile and make available to appropriate State and local officials any results of this study and investigation that would be appropriate for their use in long-range planning, development, and management of water supplies; (8) cooperate with State and local agencies for the purpose of using any information and data available to carry out the purposes of this study; and (9) consider such other matters as the Secretary may deem appropriate to the study and investigation herein authorized. SEC. 2. During the course of the study and investigation authorized by this Act, the Secretary may submit to the President for transmission to the Congress such interim reports as the Secretary may consider desirable. The Secretary shall submit a final report to the President for transmission to the Congress not more than six years after the date of enactment of this Act. SEC. 3. The Secretary is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Federal Government, information, suggestions, estimates, and statistics for the purpose of this Act, and each department, bureau, agency, board, commission, office, independent establishment, or instrumentality is authorized and

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PUBLIC LAW 89-620-OCT. 4, 1966

871

directed to furnish such information, suggestions, estimates, and statistics, to the Secretary upon his or his designee's request. SEC. 4. I n carrying out the study and investigation authorized by this %/

^D

% /

^j

y_^

Act, the Secretary is authorized to cooperate with other Federal, State, and local agencies now engaged in comprehensive planning for water resource use and development in the Delmarva Peninsula area by making available to those agencies his findings and to cooperate with those agencies in the Northeastern United States Water Supply Study as authorized by the Act of October 27, 1965 (79 Stat. 1073). SEC. 5. There is hereby authorized to be appropriated the sum of $500,000 to carry out the provisions of this Act: Provided, That nothing in this Act shall prevent the expenditure of other funds appropriated to the Geological Survey for studies and activities performed under its general authority. Approved October 4, 1966.

cooperation with other 3Gfeticies*

^2 USC 1962d.4. Appropriation.

Public Law 89-619 AN ACT

October 4, 1966

To amend the Trading With the Enemy Act to provide for the transfer of three paintings to the Federal Republic of Genuany in trust for the Weimar Museum.

[s. 3353]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 39 of the German paintTrading With the Enemy Act, as amended (62 Stat. 1246; 50 U.S.C. '" Transfer to App., sec. 39), is amended by adding at the end thereof the following Federal RepubSubseCtion:

"'^ °^ Germany.

"(e) Notwithstanding any of the provisions of subsections (a) through (d) of this section, the Attorney General is hereby authorized to transfer the three paintings vested under Vesting Order Numbered 8107, dated January 28, 1947, to the Federal Republic of Germany, to be held in trust for eventual transfer to the Weimar Museum, Weimar, State of Thuringia, Germany, in accord with the terms of an agreement to be made between the United States and the Federal Republic of Germany." Approved.October 4, 1966.

Public Law 89-620 AN ACT

October 4, 1966

To authorize the Secretary qf Agriculture to convey certain lands and improvements thereon to the University of Alaska.

[S.z^2\]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwith- Alaska Agricuistanding any other provisions of law, the Secretary of Agriculture strtion?^^"""^"* is authorized to determine and to convey by quitclaim deed and with- conveyance. out consideration to the University of Alaska for public purposes all the right, title, and interest of the United States in and to the lands of the Alaska Agricultural Experiment Station, including improvements thereon, and such personal property as may be designated, located at Palmer and Matanuska, Alaska. Approved October 4, 1966.

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PUBLIC LAW 89-621-OCT. 4, 1966

[80 STAT.

Public Law 89-621 October 4, 1966 [H. R. 483]

Estate tax. 68A Stat. 395. 26 USC 2056.

Applicability.

68A Stat. 217. 26 USC 642.

AN ACT To amend section 2056 of the Internal Revenue Code of 1954 relating to the effect of disclaimers on the allowance of the marital deduction for estate tax purposes, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 2056(d)(2) of the Internal Revenue Code of 1954 (relating to the treatment of disclaimers in computing the marital deduction for estate tax purposes) is amended to read as follows: ''(2) BY ANY OTHER PERSON.—If under this section an interest would, in the absence of a disclaimer by any person other than the surviving spouse, be considered as passing from the decedent to such person, and if a disclaimer of such interest is made by such person and as a result of such disclaimer the surviving spouse is entitled to receive such interest, then— "•(A) if the disclaimer of such interest is made by such person before the date prescribed for the filing of the estate tax return and if such person does not accept such interest before making the disclaimer, such interest shall, for purposes of this section, be considered as passing from the decedent to the surviving spouse, and " (B) if subparagraph (A) does not apply, such interest shall, for purposes of this section, be considered as passing, not to the surviving spouse, but to the person who made the disclaimer, in the same manner as if the disclaimer had not been made." (b) The amendment made by subsection (a) shall apply with respect to estates of decedents dying on or after the date of the enactment of this Act. (c) In the case of the estate of a decedent dying before the date of the enactment of this Act for which the date prescribed for the filing of the estate tax return (determined without regard to any extension of time for filing) occurs on or after January 1, 1965, if, under section 2056 of the Internal Revenue Code of 1954, an interest would, in the absence of a disclaimer by any person other than the surviving spouse, be considered as passing from the decedent to such person, and if a disclaimer of such interest is made by such person and as a result of such disclaimer the surviving spouse is entitled to receive such interest, then such interest shall, for purposes of such section, be considered as passing from the decedent to the surviving spouse, if— (1) the interest disclaimed was bequeathed or devised to such person, (2) before the date prescribed for the filing of the estate tax return such person disclaimed all bequests and devices under such will, and (3) such person did not accept any property under any such bequest or devise before making the disclaimer. The amount of the deductions allowable under section 2056 of such Code by reason of this subsection, when added to the amount of the deductions allowable under such section without regard to this subsection, shall not exceed the greater of (A) the amount of the deductions which would be allowable under such section without regard to the disclaimer if the surviving spouse elected to take against the will, or (B) an amount equal to one-third of the adjusted gross estate (within the meaning of subsection (c)(2) of such section). SEC. 2. (a) Section 642(g) of the Internal Revenue Code of 1954 (relating to disallowance of double deductions) is amended by insert-

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ing "or of any other person" after "shall not be allowed as a deduction in computing the taxable income of the estate". (b) The amendment made by subsection (a) shall apply to taxable years ending after the date of the enactment of this Act, but only with respect to amounts paid or incurred, and losses sustained, after such date. Approved October 4, 1966.

873

Applicability.

Public Law 89-622 AN ACT

To amend title 38 of the United States Code with respect to the basis on which certain dependency and indemnity compensation will be computed.

October 4, 1966

[H. R. 5852]

Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assewMed^ That the first sen- Deceased veterans. tence of subsection (d) of section 402 of title 38, United States Code, ""^BTSIC pay com is amended by striking out "was so serving in such rank within one putation. hundred and twenty days before death in the active military, naval, '^'^ ^*^*- ^^^ or air service or before last discharge or release from active duty under conditions other than dishonorable" and inserting in lieu thereof "any subsequent discharge or release from active duty was under conditions other than dishonorable". SEC. 2. The amendment made by this Act shall take effect on the first day of the second calendar month after the date of enactment of this Act. Approved October 4, 1966.

Public Law 89-623 AN ACT

October 4, 1966

To amend section 1822(a) of title 38, United States Code, to extend the provisicms for treble-damage actions to direct loan and insured loan cases.

[H. R. 7850]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1822(a), Veterans. Loans. title 38, United States Code, is amended by inserting immediately ^2"s"at. 1214 after "title," the following: "or made under section 1811 or 1818 of this title, or insured under section 1815 of this title,". AI^OT^^^S;^ SEC. 2. The amendment made by this Act shall be applicable only 72 st'at. 1212. to cases in which the offense occurs after date of enactment of this Act. Approved October 4, 1966. Public Law 89-624 AN ACT

October 4, 1966

To amend the Act of September 2, 1964.

[H. R. 9976]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of Reclamation September 2, 1964 (78 Stat. 808; 43 U.S.C. 945(a)), is amended to '''Rr/hts-of-way, read "Notwithstanding the existence of any reservation of right-of- compensation. way to the United States for canals under the Act of August 30, 1890 ^^ ^^^ '^'^^^^ (26 Stat. 371, 391; 43 U.S.C. 945), or any State statute, the Secretary of the Interior shall pay just compensation, including severance dam-

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28 USC a p p.

PUBLIC LAW 89-625-OCT. 4, 1966

[80

STAT.

ages, to the owners of private land utilized for ditclies or canals in connection with any reclamation project, or any unit or any division of a reclamation project, provided the construction of said ditches or canals commenced after January 1, 1961, and such compensation shall be paid notwithstanding the execution of any agreements or any judgments entered in any condemnation proceeding, prior to the effective date of this Act. "SEC. 2. Jurisdiction of an action brought by the United States or the landowner for the determination of just compensation pursuant to this Act is hereby conferred on the United States district court in the district in which any such land is situated, without limitation to the amount of compensation sought by such suit. The procedure for such an action shall be governed by the Federal Rules of Civil Procedure for the condemnation of real and personal property. "SEC. 3. The amendment made by this Act shall apply to any condemnation action pending in any district court of the United States on the date of enactment of this Act and to any such action instituted after that date." Approved October 4, 1966.

Public Law 89-625 October 4, 1966 [H. R. 11927]

Veterans Administration. Brokers' fees. 72 Stat. 1213.

AN ACT To authorize the Administrator of Veterans' Affairs to permit deduction by brokers of certain costs and expenses from rental collections on properties acquired under the veterans' loan programs.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That paragraph (6) of section 1820(a) of title 38, United States Code, is amended by adding at the end thereof the following new sentence: "Without regard to section 3617, Revised Statutes (31 U.S.C. 484), or any other provision of law not exfyessly in limitation of this paragraph, the Administrator may permit brokers utilized by him in connection with such properties to deduct from rental collections amounts covering authorized fees, costs, and expenses incurred in connection with the management, repair, sale, or lease of any such properties and remit the net balances to the Administrator." Approved October 4, 1966. Public Law 89-626

October 4, 1966 [H. R. 12664]

Fort Lyon Veterans H o s p i t a l, Colo.

AN ACT To retrocede to the State of Colorado exclusive jurisdiction held by the United States over the real property comprising the Fort I^yon Veterans Hospital reservation.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby retroceded to the State of Colorado the exclusive jurisdiction heretofore acquired from such State by the United States over the real property comprising the Fort Lyon Veterans Hospital reservation, Las Animas, Colorado. SEC. 2. This retrocession of jurisdiction shall take effect upon acceptance by the State of Colorado. Approved October 4, 1966.

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PUBLIC LAW 89-628-OCT. 4, 1966

875

Public Law 89-627 AN ACT

October 4, 1966

To authorize the Commissioners of the District of Columbia to replace the existing Fourteenth Street Bridge, also known as the Highway Bridge, across the Potomac River, and for other purposes.

[H. R. 12119]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That not withstand- Fourteenth st ing any other provision of law, the Commissioners of the District of Bridge repiaceColumbia are authorized to remove the existing Fourteenth Street ^ent. Bridge structure, also known as the Highway Bridge, across the Potomac River, and to construct on the general alinement of such structure a highway bridge of at least six lanes. SEC. 2. The Commissioners of the District of Columbia are herebv authorized to construct bridge approaches and roads connecting such bridge and approaches with streets and park roads in the District of Columbia and with roads and park roads on the Virginia side of the Potomac River: Provided, That the authorization contained in this section shall not apply to any bridge approaches and connecting roads extending beyond the boundary line between the District of Columbia and the Commonwealth of Virginia, as defined in section 101 of Public 59 Stat. 552. Law 208, Seventy-ninth Congress, approved October 81, 1945. D. C. Code 1SEC. 3. There are hereby authorized to be appropriated such District 101 note. of Columbia funds as may be necessary to carry out the provisions of Appropriation. this Act. Approved October 4, 1966. Public Law 89-628 AN ACT To amend the provisions of the Act of April 8, 193.^. relating to the Board of Trustees of Trinity College of Washington, District of Columibia.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That section 2 of the Act entitled "An Act relating to the incorporation of Trinity College of Washington, District of Columbia, organized under and by virtue of a certificate of incorporation pursuant to the incorporation laws of the District of Columbia, as provided in subchapter 1 of (chapter 18 of the Code of Laws of the District of Columbia", approved April 8, 1935 (49 Stat. 113), is amended to read as follows: "SEC. 2. The trustees constituting and managing the said corporation shall number not less than eight nor more than fifteen. The board of trustees shall, at suitable intervals, elect their successors in accordance with the bylaws of the corporation now or hereafter established and obtaining. A majority of the board of trustees shall constitute a quorum for the transaction of business and for all other purposes. The board of trustees shall elect from among themselves one member to be president, one member to be vice president, one member to be treasurer, and one member to be secretary; shall fix the term for which the officers shall serve, their duties and authority; and shall elect their successors at such regular intervals thereafter as they may determine. The board of trustees may elect, appoint, or employ such further minor or assistant officers and agents as they may deem necessary and expedient for the purposes of the corporation, it not being necessary that such officers or agents be members of the board." Approved October 4, 1966.

October 4, 1966 [H. R. 16940]

D.C. Trinity C o l l e g e. Trustees.

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PUBLIC LAW 89-629-OCT. 4, 1966

[80 STAT.

Public Law 89-629 October 4, 1966

[H. R. 13012]

Land conveyance, Miss.

^ ^

To provide for the conveyance of certain real property to the city of Biloxi, Mississippi.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Administrator of Veterans' Affairs shall convey, without monetary consideration therefor, to the city of Biloxi, Mississippi, all right, title, and interest of the United States in and to a portion of the real property of the Veterans' Administration Center, Biloxi, Mississippi, approximating seventy-five and eighty-two one-hundredths acres, more or less, on condition that such real property shall be used for a public park or other public purpose. The exact legal description of such real property shall be determined by the Administrator of Veterans' Affairs, and in the event a survey is required the city of Biloxi shall bear the expense thereof. SEC. 2. Any deed of conveyance made pursuant to this Act shall contain such additional terms, conditions, reservations, and restrictions as may be determined by the Administrator of Veterans" Affairs to be necessary to protect the interests of the United States. Approved October 4, 1966.

Public Law 89-630 October 4, 1966 {H. R. 1 2 3 5 2 ]

Land conveyance, Fla.

ACT

••"

AN ACT Authorizing the conveyance of certain property to Pinellas County, Florida. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, subject to the provisions of section 2 of this Act, the Administrator of General Services shall convey by quitclaim deed, without monetary consideration, to the county of Pinellas, Florida, all right, title, and interest of the United States in and to a tract of land, containing approximately one hundred and forty-five acres of upland and two hundred and twenty-five acres of submerged land, more or less, which was heretofore conveyed to the United States without consideration, and which has been determined to be in excess of the needs of the Veterans' Administration and surplus to all Federal needs. In the event a further survey is required in order to determine the legal description of such tract of land, such county of Pinellas shall bear the expense thereof. SEC. 2. (a) No conveyance shall be made under the provisions of this Act unless assurances satisfactory to the Administrator of Veterans' Affairs are received from the county of Pinellas, Florida, that— (1) a suitable fence will be erected without cost to the United States between any land conveyed pursuant to this Act and adjiELcent real property retained by the United States, and (2) such county of Pinellas will provide to the satisfaction of and without cost to the Veterans' Administration an incinerator and a sewage disposal plant (or equivalent sewage treatment) on such adjacent real property retained by the United States. (b) Any deed of conveyance made under this Act shall— (1) provide that title to the land covered by such conveyance shall revert to the United States if such land is used (A) for other than park, recreational, health, or educational purposes, or (B) in a manner that, in the judgment of the Administrator of Veterans' Affairs, or his designee, interferes with the care and treat-

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877

ment of patients in the Veterans' Administration Center, Bay Pines, Florida, or otherwise with the operation of such Center, (2) specifically reserve from such conveyance property rights in and easement rights to a storm drainage ditch and a sewer line which traverse such land; and (3) contain such additional terms, conditions, reservations, easements, and restrictions as may be determined by the Administrator of General Services to be necessary to protect the interest of the United States. SEC. 3. I f a park is established with any land conveyed pursuant "warveterans' to this Act, such park shall be known as the "War Veterans' Memorial ^^"""^^ ^^'^•" Park". Approved October 4, 1966. Public Law 89-631 AN ACT

To amend the Act of June 10, 1844, in order to clarify the corporate name of Georgetown University, and for other purposes.

October 4, 1966 [ H. R. 16863]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first section D.C.. of the Act entitled "An Act to incorporate Georgetown College in the vers^uy^chart" r."'" District of Columbia", approved June 10, 1844 (6 Stat. 912), is amended by striking out " C o l l e ^. ' " and inserting in lieu thereof "College' or 'Georgetown University'." SEC. 2. Section 2 of the Act of June 10, 1844 (6 Stat. 912), is amended (1) by striking out "College,' by which name and title" and inserting in lieu thereof "College' or 'Georgetown University', by either which name, style, and title' and (2) by striking out ": Provided and all that follows through the end thereof and by inserting in lieu thereof the following: "; to encumber property by deed of trust, pledge, or otherwise; to borrow money and secure payment of same by lien or liens on the realty or personal property of the corporation (including but not limited to student fees, building fees, or other types of fees or charges); and to lease for any term, to build, erect, remodel, repair, construct, and/or reconstruct any and all buildings, houses, or other structures necessary, proper, or incident to the needs and purposes of a college, university, or institution of higher learning. I n addition the corporation shall have and may exercise all such powers conferred upon nonprofit corporations by the District of Columbia Nonprofit Corporation Act (as now enacted or hereafter amended) as are not ^^ ^*^*- ^65. D.C. conterred herein and not inconsistent with the powers included 1001. Code 29herein." SEC. 3. Section 3 of the Act of June 10, 1844 (6 Stat. 912), is amended by adding at the end thereof the following: "The corporation shall have one class of members who are the successors of James Ryder, Thomas Lilly, Samuel Barber, James Curley, and Anthony Rey. The number, qualification, and rights, including the right to vote, of said members shall be as provided in the bylaws of the corporation. The powers of the corporation shall be exercised by a board of directors whose number and the manner of whose election or appointment shall be as provided in the bylaws. The bylaws shall be adopted by the members and may be amended from time to time as provided therein." SEC. 4. Except as specifically provided therein, the amendments made by this Act shall not affect any obligations, rights, or privileges of Georgetown University. Approved October 4, 1966. 65-300 0-67—58

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PUBLIC LAW 89-632-OCT. 8, 1966 Public Law 89-632

October 8, 1966 [S. 2393]

Federal employees. Additional supergrades. Ante, p. 45 3.

Ante, p. 415.

75 Stat. 791. 76 Stat. 858.

^ '

AN ACT To provide for additional positions in certain departments and agencies, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 5108(a) of title 5, United States Code, is amended to read as follows: "(a) A majority of the Civil Service Commissioners may establish, and from time to time revise, the maximum numbers of positions (not to exceed an aggregate of 2,577, in addition to any professional engineering positions primarily concerned with research and development and professional positions in the physical and natural sciences and medicine which may be placed in these grades, and in addition to 240 hearing examiner positions under section 3105 of this title which may be placed in GS-16 and 9 such positions which may be placed in GS-17) which Ta&^ be placed in GS-16, 17, and 18 at any one time. However, under this authority, not to exceed 25 percent of the aggregate number may be placed in GS-17 and not to exceed 12 percent of the aggregate number may be placed in GS-18. A position may be placed in GS-16, 17, or 18 only by action of, or after prior approval by, a majority of the Civil Service Commissioners." (b) Section 5108(b) of such title is amended by inserting "(1)" immediately following the subsection designation, and by adding the following new paragraph: "(2) In addition to the number of positions authorized by subsection (a) of this section and positions referred to in paragraph (1) of this suDsection, the Librarian of Congress, subject to the procedures rescribed W this section, may place a total of 28 positions in the library of Congress in GS-16,17, and 18.]' (c) Section 5108(c)(1), relating to positions in GS-16, 17, and 18 for the General Accounting Office, is amended by striking out "39'' and inserting in lieu thereof "64". (d) Section 5108(c)(2), relating to positions in GS-16, 17, and 18 for the Federal Bureau of Investigation, is amended by striking out "75" and inserting in lieu thereof "110". (e) The Act entitled "An Act to provide certain administrative authorities for the National Security Agency, and for other purposes", approved May 29, 1959 (50 U.S.C. 402, note), as amended, is amended— (1) by striking out, in section 2 thereof, "sixty-five such officers and employees" and inserting in lieu thereof "seventy such officers and employees"; and (2) by striking out, in section 4 thereof, "sixty civilian positions" and inserting in lieu thereof "ninety civilian positions". (f) Section 3301 of title 39, United States Code, relating to personnel requirements of the postal field service, is amended by striking out "70 employees assigned to salary levels 18,19, and 20" and inserting in lieu thereof "55 employees assigned to salary levels 19 and 20". Approved October 8, 1966.

E

75 Stat. 789.

' "

[80 STAT.

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PUBLIC LAW 89-634-OCT. 8, 1966

879

Public Law 89-633 AN ACT To amend the Consolidated Farmers Home Administration Act of 1961 to authorize the Secretary of Agriculture to hold prepayments made to the Secretary by insured loan borrowers and transmit them to the holder of the note in installments as they become due. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That paragraph (2) of subsection 309(f) of the Consolidated Farmers Home Administration Act of 1961 is amended by striking out the words "the due date of the annual installment" and inserting in lieu thereof the word "due". Approved October 8, 1966.

October 8, 1966 [ H. R. 15510]

Farmers Home Administration insured l o a n s. Prepayment. 75 Stat. 310. 7 USC 1929.

Public Law 89-634 ' JOINT RESOLUTION To give effect to the Agreement for Facilitating the International Circulation of Visual and Auditory Materials of an Educational, Scientific, and Cultural Character, approved at Beirut in 1948. Whereas the Congress and the President have repeatedly declared it to be a national policy to promote a better understanding of the United States in other countries, and to increase mutual understanding between the people of the United States and the people of other countries; and Whereas the General Conference of the United Nations Educational, Scientific, and Cultural Organization of its third session at Beirut, Lebanon, in 1948, approved and recommended to member states for signature an Agreement for Facilitating the International Circulation of Visual and Auditory Materials of an Educational, Scientific, and Cultural Character, which Agreement has been signed by twenty-one nations, including the United States; and Whereas the Senate has given its advice and consent to the ratification of the Agreement; and Whereas the Congress does hereby determine that mutual understanding between peoples will be augmented by the measures provided for in said Agreement: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States is authorized to designate a Federal agency or agencies which shall be responsible for carrying out the provisions of the Agreement for Facilitating the International Circulation of Visual and Auditory Materials of an Educational, Scientific, and Cultural Character and a related protocol of signature, opened for signature at Lake Success on July 15, 1949 (hereinafter in this Act referred to as the "Agreement"). I t shall be the duty of the Federal agency or agencies so designated to take appropriate measures for the carrying out of the provisions of the Agreement including the issuance of regulations. SEC. 2. Agencies of the Federal Government are authorized to furnish facilities and personnel for the purpose of assisting the agency or agencies designated by the President in carrying out the provisions of the Agreement. SEC. 3. (a)(1) Part 6 of schedule 8 of the Tariff Schedules of the United States (19 U.S.C. 1202) is amended by inserting after the

October 8, 1966 [H. J. R e s. 688]

Beirut Agreement, implementation.

77A Stat. 427.

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PUBLIC LAW 89-6S5-OCT. 10, 1966

[80

STAT.

heading to such part 6 the following: " Part 6 headnote: " 1. No article shall be exempted from duty under item 870.30 unless a Federal agency or agencies designated by the President determines that such article is visual or auditory material of an educational, scientific, or cultural character within the meaning of the Agreement for Facilitating the International Circulation of Visual and Auditory Materials of an Educational, Scientific, and Cultural Character. Whenever the President determines that there is or may be profitmaking exhibition or use of articles described in item 870.30 which interferes significantly (or threatens to interfere significantly) with domestic production of similar articles, he may prescribe regulations imposing restrictions on the entry of such foreign articles to insure that they will be exhibited or used only for nonprofitmaking purposes." (2) Such part 6 is amended by adding at the end thereof the following new item: 870.30

Developed photographic fllm, including motion-picture film on which pictures or sound and pictures have been recorded; photographic slides; transparencies; sound recordings; recorded video-tape; models; charts; maps; globes; and posters; all of the foregoing which are determined to be visual or auditory materials in accordance with headnote 1 of this part

Free

Free

(b) The amendments made by subsection (a) shall apply with respect to articles, entered, or withdrawn from warehouse, for consumption, on or after the date proclaimed by the President pursuant to this subsection, which date shall be within the period of six months which begins with the day after the day on which the United States instrument of acceptance of the Agreement is deposited with the Secretary General of the United Nations. Approved October 8, 1966. Public Law 89-635 October 10, 1966 [S,1356]

U.S. Courts. Indians, civil jurisdiction. 62 Stat. 930.

AN ACT To amend the Judicial Code to permit Indian tribes to maintain civil actions in Federal district courts without regard to the $10,000 limitation, and for other purposes.

Be it enacted 5y the Senate and House of Representatives of the United States of America in Congress assembled, That title 28, United States Code, is herebj?^ amended by inserting in chapter 85 thereof immediately after section 1361, a new section to be designated section 1362, as follows: "§1362. Indian tribes "The district courts shall have original jurisdiction of all civil actions, brought by any Indian tribe or band with a governing body duly recognized by the Secretary of the Interior, wherein th^ matter in controversy arises under the Constitution, laws, or treaties of the United States." SEC. 2. The chapter analysis of chapter 85 of title 28 of the United States Code is amended by adding at the end thereof the following new item: "1362. Indian tribes." Approved October 10, 1966.

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881

PUBLIC LAW 89-636-OCT. 10, 1966

Public Law 89-636 AN ACT

October 10, 1966

To amend the Foreign Service Buildings Act, 1926, to authorize additional appropriations, and for other purposes.

[H. R. 14019]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 4 of the Foreign Service Buildings Act, 1926 (22 U.S.C. 295), is amended— (1) by striking out the last three sentences of subsection (d); (2) by striking out "$1,000,000" in subsection (e) and inserting in lieu thereof "$2,600,000"; and (3) by adding at the end of such section the following new subsections: "(f) In addition to amounts authorized before the date of enactment of this subsection, there is hereby authorized to be appropriated to the Secretary of State— " (1) for acquisition by purchase or construction (including acquisition of leaseholds) of sites and buildings in foreign countries under this Act, and for major alterations of buildings acquired under this Act, the following sums— " (A) for use in Africa, not to exceed $5,485,000, of which not to exceed $1,885,000 may be appropriated for the fiscal year 1967; " (B) for use in the American Republics, not to exceed $7,920,000, of which not to exceed $3,585,000 may be appropriated for the fiscal year 1967; " (C) for use in Europe, not to exceed $3,310,000, of which not to exceed $785,000 may be appropriated for the fiscal year 1967; " (D) for use in the F a r East, not to exceed $3,150,000, of which not to exceed $560,000 may be appropriated for the fiscal year 1967; " (E) for use in the Near East, not to exceed $6,930,000, of which not to exceed $1,890,000 may be appropriated for the fiscal year 1967; " (F) for facilities for the United States Information Agency, not to exceed $615,000, of which not to exceed $430,000 may be appropriated for the fiscal year 1967; " (G) for facilities for agricultural and defense attache housing, not to exceed $800,000, of which not to exceed $400,000 may be appropriated for the fiscal year 1967; "(2) for use to carry out the other purposes of this Act, not to exceed $12,600,000 for the fiscal year 1968 and not to exceed $12,750,000 for the fiscal year 1969. " (g)(1) Sums appropriated under authority of this Act shall remain available until expended. To the maximum extent feasible, expenditures under this Act shall be made out of foreign currencies owned by or owed to the United States. "(2) Beginning with the fiscal year 1966, not to exceed 10 per centum of the funds authorized by any subparagraph under either paragraph (1) of subsection (d), or paragraph (1) of subsection (f), of this section may be used for any of the purposes for which funds are authorized under any other subparagraph of either of such paragraphs (1)." SEC. 2. The first section of the Foreign Service Buildings Act, 1926 (22 U.S.C. 292), is amended by inserting " (a) " immediately after " That " and by adding at the end thereof the following: "(b) Payments made for rent or otherwise by the United States from funds other than appropriations made under authority of this

Foreign Service Buildings Act, 1926, amendment. 77 Stat. 121; 78 Stat. 387; 79 Stat. 112.

45 Stat. 9 7 1.

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59 Stat. 53. Property sale: etc.

Proceeds, disposition.

Report to Congress. 44 Stat. 403. 22 USC 299. Lease or rental arrangements.

Information to Congress.

PUBLIC LAW 89-637-OCT. 10, 1966

[80

STAT.

Act may be credited toward the acquisition of property under this Act without regard to limitations of amounts imposed by this Act." SEC. 3. Section 9 of the Foreign Service Buildings Act, 1926 (22 U.S.C. 300), is amended to read as follows: "SEC. 9. (a) The Secretary of State is authorized— " (1) to sell, exchange, lease, or license any property or property interest acquired under this Act, or under other authority, for use of diplomatic and consular establishments in foreign countries, "(2) to receive payment in whatever form, or in kind, he determines to be in the interest of the United States for damq,ge to or destruction of property acquired for use of diplomatic and consular establishments abroad, and the contents of such buildings, and " (3) to accept on behalf of the United States gifts of property or services of any kind made by will or otherwise for the purposes of this Act. " (b) Proceeds derived from dispositions, payments, or gifts under subsection (a) shall, notwithstanding the provisions of any other law, be applied toward acquisition, construction, or other purposes authorized by this Act or held in the Foreign Service Buildings Fund, as in the judgment of the Secretary may best serve the Government's interest: Provided, That the Secretary shall report all such transactions annually to the Congress with the budget estimates of the Department of State." SEC. 4. The Foreign Service Buildings Act, 1926, is amended by adding at the end thereof the following new section: "SEC. 10. Notwithstanding the provisions of this or any other Act, no lease or other rental arrangement for a period of less than ten years, and requiring an annual payment in excess of $25,000, shall be entered into by the Secretary of State for the purpose of renting or leasing offices, buildings, grounds, or living quarters for the use of the Foreign Service abroad, unless such lease or other rental arrangement is approved by the Secretary. The Secretary may delegate his authority under this section only to the Deputy Under Secretary of State for Administration or to the Director of the Office of Foreign Buildings. The Secretary shall keep the Congress fully and currently informed with respect to leases or other rental arrangements approved under this section." Approved October 10, 1966. Public Law 89-637

October 10, 19 66 [S.J. Res. 197]

Postmaster General. Leasing authority, extension. 78 Stat. 593, 74 Stat. 590.

JOINT RESOLUTION To extend the authority of the Postmaster General to enter into leases of real property for periods not exceeding thirty years, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2109 of title 39, United States Code, is amended to read as follows: "Agreements may not be entered into under sections 2104 and 2105 of this title after July 22, 1964, and under section 2103 after April 30, 1967." A p p r o v e d October 10, 1966.
 * § 2109. Time limitations on agreements

. Kn..M,. ».,

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PUBLIC LAW 89-639-OCT. 10, 1966

883

Public Law 89-638 AN ACT

To provide for holding terms of the United States District Court for the District of South Dakota at Rapid City.

October 10, 1966

^^' ^°'^°^

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the last sen- U.S. Courts. ^^ tence of section 122 of title 28, United States Code, is amended to read s. vlk. *^' as follows:

62 Stat. 889.

"Court for the Western Division shall be held at Deadwood and Rapid City." Approved October 10, 1966. Public Law 89-639 AN ACT

To amend the-charter of Southeastern University of the District of Columbia.

October 10, 1966

[H.R. I66O8]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 3 of the D. C. Southeastern Act entitled "An Act for the relief of the Southeastern University of un'ive'rslt'y. the Young Men's Christian Association of the District of Columbia", charter amendapproved August 19, 1937 (50 Stat. 697), is amended to read as follows: '"^"*"SEC. 3. The management of the said corporation shall be vested in a board of trustees consisting of not less than nine nor more than thirty in number as determined from time to time by said board of trustees, one-third of whom, at all times, shall be graduates of said university, of the qualifications prescribed by said board of trustees, nominated by the alumni of said university in the manner prescribed by said board of trustees, and all of whom shall be elected by said board of trustees. Each trustee shall be elected for a term of office of three years from the date of expiration of the term for which his predecessor was elected; except that (1) in expanding or reducing the number of trustees under this Act, the board of trustees shall have the authority to fix or adjust the terms of office of such additional or remaining trustees, as the case may be, so that the terms of office of not more than one-third of the trustees shall expire annually; and (2) a trustee elected to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be elected only for the unexpired term of such predecessor." SEC. 2. Section 6 of such Act is amended to read as follows: "SEC. 6. The income of the said corporation from all sources what- income. soever shall be held in the name of the corporation and applied to the maintenance, endowment, promotion, and advancement of the said university, subject to conforming to the express conditions of the donor of any gift, devise, or bequest accepted by said corporation, with regard to the income therefrom." SEC. 3. The amendments made by this Act shall not affect the term of office of any trustee in office on the date of its enactment. Approved October 10, 1966.

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[80

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Public Law 89-640 October 10, 1966 [S.2S40]

Tijuana River flood control project. Construction by United States and Mexico.

59 Stat. 1219.

Appropriation.

AN ACT To authorize the conclusion of an agreement for the joint construction by the United States and Mexico of an international flood control project for the Tijuana River in accordance with the provisions of the treaty of February 3, 1&44, with Mexico, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of State, acting through the United States Commissioner, International Boundary and Water Commission, United States and Mexico, is hereby authorized to conclude with the appropriate official or officials of the Government of Mexico an agreement for the joint construction, operation, and maintenance by the United States and Mexico, in accordance with the provisions of the treaty of February 3, 1944, with Mexico, of an international flood control project for the Tijuana River, which shall be located and have substantially the characteristics described in "Report on an International Flood Control Project, Tijuana River Basin", prepared by the United States Section, International Boundary and Water Commission, United States and Mexico. SEC. 2. If agreement is concluded pursuant to section 1 of this Act, the said United States Commissioner is authorized to construct, operate, and maintain the portion of such project assigned to the United States, and there is hereby authorized to be appropriated to the Department of State for use of the United States Section, not to exceed $12,600,000 for the construction of such project and such sums as may be necessary for its maintenance and operation. No part of any appropriation under this Act shall be expended for construction on any land, site, or easement, except such as has been acquired by donation and the title thereto has been approved by the Attorney General of the United States. Approved October 10, 1966.

Public Law 89-641 October 11, 1966 [H. R. 16557]

Philippine veterans. NSLI refunds

AN ACT . To provide for the refund of certain amounts erroneously deducted for National Service Life Insurance premiums from the pay of former members of the organized military forces of the Government of the Commonwealth of the Philippines, and to amend title 38 of the United States Code to provide that certain payments under that title shall be made at a rate in Philippine pesos aa is equivalent to $0.50 for each dollar authorized.

Be it enacted by the Senate and House of Representatives of the United States of AmeriGa in Congress assembled, That, notwithstanding the provisions of any other law or regulation, the Administrator of Veterans' Affairs is authorized, under such terms and conditions as he may pre^ribe, to refund amounts erroneously deducted for National Service Life Insurance premiums from the arrears in pay paid by the United States Government to members of the organized military forces of the Government of the Commonwealth of the Philippines, while such forces were in the service of the Armed Forces of the United States pursuant to the military order of the President dated July 26, 1941. Such refund may be made only upon receipt in the "Veterans' Administration of an application therefor filed with the Government of the Commonwealth of the Philippines within two years after the date of enactment of this Act and accompanied by a

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certification of an appropriate official of that Government that such amounts were so erroneously deducted and have not heretofore been refunded. Such refunds shall be made from the National Service Life Insurance appropriation. In the event of the death of any such member refunds may be made only to the following individuals and in the order named— (1) to the widow or widower of such person, if living; (2) if no widow or widower, to the child or children of such person, if living, in equal shares; or (3) if no widow, widower, child, or children, to the parent or parents of such person, if living, in equal shares. No refunds under this section shall be paid to the heirs or legal representatives as such of such member or of any beneficiary. If such member is deceased, and in the event no individual withm the permitted class survives to receive the refund, no payment of such refund shall be made. SEC. 2. (a) The second sentence of subsection (a) and the second sentence of subsection (b) of section 107 of title 38, United States Code, are each amended to read as follows: "Payments under such chapters shall be made at a rate in pesos as is equivalent to $0.50 for each dollar authorized, and where annual income is a factor in entitlement to benefits, the dollar limitations in the law specifying such annual income shall apply at a rate in Philippine pesos as is equivalent to $0.50 for each dollar." (b) The amendments made by subsection (a) of this section shall take effect on the first day of the second calendar month which begins after the date of enactment of this Act. Approved October 11, 1966, 12:25 p.m.

Recipients, order for payment.

72 Stat, n i l,

Effective date.

Public Law 89-642 AN ACT To strengthen and expand food service programs for children.

October 11, 1966 [S.3467]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Child Nutrition Act of 1966. be cited as the "Child Nutrition Act of 1966". DECLARATION OF PURPOSE

SEC. 2. In recognition of the demonstrated relationship between food and good nutrition and the capacity of children to develop and learn, based on the years of cumulative successful experience under the national school lunch program with its significant contributions in the field of applied nutrition research, it is hereby declared to be the policy of Congress that these efforts shall be extended, expanded, and strengthened under the authority of the Secretary of Agriculture as a measure to safeguard the health and well-being of the Nation's children, and to encourage the domestic consumption of agricultural and other foods, by assisting States, through grants-in-aid and other means, to meet more effectively the nutritional needs of our children. SPECIAL MILK PROGRAM AUTHORIZATION

SEC. 3. There is hereby authorized to be appropriated for the fiscal year ending June 30, 1967, not to exceed $110,000,000; for the fiscal year ending June 30, 1968, not to exceed $115,000,000; and for each

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7/stat!*84^^^' 75 Stat! 319. 7 USC 1446 note.

PUBLIC LAW 89-642-OCT. 11, 1966

feo

STAT.

of the two succeeding fiscal years not to exceed $120,000,000, to enable the Secretary of Agriculture, under such rules and regulations as he may deem in the public interest^ to encourage consumption of fluid milk by children in the United States in (1) nonprofit schools of high school grade and under, and (2) nonprofit nursery schools, child-care centers, settlement houses, summer camps, and similar nonprofit institutions devoted to the care and training of children. For the purposes of this section "United States" means the fifty States and the District of Columbia. The Secretary shall administer the special milk program provided for by this section to the maximum extent practicable in the same manner as he administered the special ^^^^ program provided for by Public Law 85-478, as amended, during the fiscal year ended June 30, 1966. SCHOOL BREAKFAST PROGRAM AUTHORIZATION

SEC. 4. (a) There is hereby authorized to be appropriated for the fiscal year ending June 30, 1967, not to exceed $7,500,000; and for the fiscal year ending June 30, 1968, not to exceed $10,000,000, to enable the Secretary to formulate and carry out, on a nonpartisan basis, a pilot program to assist States through grants-in-aid and other means, to initiate, maintain, or expand nonprofit breakfast programs in schools. A P P O R T I O N M E N T TO STATES

42 USC nsa

(b) Of the funds appropriated for the purposes of this section, the Secretary shall for each fiscal year, (1) apportion $2,600,000 equally among the States other than Guam, the Virgin Islands, and American Samoa, and $45,000 equally among Guam, the Virgin Islands, and American Samoa, and (2) apportion the remainder amon^ the States in accordance with the apportionment formula contained in section 4 ^^ ^^® National School Lunch Act, as amended. STATE D I S B U R S E M E N T TO SCHOOLS

(c) Funds apportioned and paid to any State for the purpose of this section shall be disbursed by the State educational agency to schools selected by the State educational agency, to reimburse such schools for the cost of obtaining agricultural and other foods for consumption by needy children in a breakfast program and for the purpose of subsection (d). Such food costs may include, in addition to the purchase price, the cost of processing, distributing, transporting, storing, and handling. Disbilrsement to schools shall be made at such rates per meal or on such other basis as the Secretary shall prescribe. In selecting schools, the State educational agency shall, to the extent practicable, give first consideration to those schools drawing attendance from areas in which poor economic conditions exist and to those schools to which a substantial proportion of the children enrolled must travel long distances daily. (d) In circumstances of severe need where the rate per meal established by the Secretary is deemed by him insufficient to carry on an effective breakfast program in a school, the Secretary may authorize financial assistance up to 80 per centum of the operating costs of such a program, including cost of obtaining, preparing, and serving food. In the selection of schools to receive assistance under this section, the State educational agency shall require applicant schools to provide justification of the need for such assistance.

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N U T R I T I O N A L A N D OTHER PROGRAM REQUIREMENTS

(e) Breakfasts served by schools participating in the school breakfast program under this section shall consist of a combination of foods and shall meet minimum nutritional requirements prescribed by the Secretary on the basis of tested nutritional research. Such breakfasts shall be served without cost or at a reduced cost only to children who are determined by local school authorities to be unable to pay the full cost of the breakfast. I n making such determinations, such local authorities should, to the extent practicable, consult with public welfare and health agencies. No physical segregation of or other discrimination against any child shall be made by the school because of his inability to pay. N O N P R OF I T PRIVATE

SCHOOLS

(f) The withholding of funds for and disbursement to nonprofit private schools will be effected in accordance with section 10 of the National School Lunch Act, as amended, exclusive of the matching provi- ,/°,f*^*Q^^/^' 76 Stat. 9 4 5. sions thereof. 42 USC 1759. NONFOOD ASSISTANCE PROGRAM AUTHORIZATION

SEC. 5. (a) There is hereby authorized to be appropriated for the fiscal year ending June 30, 1967, not to exceed $12,000,000, for the fiscal year ending June 30, 1968, not to exceed $15,000,000, for each of the two fiscal years ending June 30, 1969, and June 30, 1970, not to exceed $18,000,000, and for each fiscal year thereafter such sums as the Congress may hereafter authorize, to enable the Secretary to formulate and carry out a program to assist the States through grantsin-aid and other means to supply schools drawing attendance from areas in which poor economic conditions exist with equipment, other than land or buildings, for the storage, preparation, transportation, and serving of food to enable such schools to establish, maintain, and expand school food service programs. I n the case of nonprofit private schools, such equipment shall be for use of such schools principally in connection with child feeding programs authorized m this Act and in the National School Lunch Act, as amended, and in the ^° ^^^ ^^^^ event such equipment is no longer so used, that part of such equip- n^te. ment financed with Federal funds, or the residual value thereof, shall revert to the United States. A P P O R T I O N M E N T S TO STATES

(b) The Secretary shall apportion the funds appropriated for the purposes of this section among the States during each fiscal year on the same basis as apportionments are made under section 4 of the National School Lunch Act, as amended, for supplying agricultural and other foods, except that apportionment to American Samoa for any fiscal year shall be on the same basis as the apportionment to the other States. Payments to any State of funds apportioned for any fiscal year shall be made upon condition that at least one-fourth of the cost of any equipment financed under this subsection shall be borne by State or local funds. STATE D I S B U R S E M E N T TO SCHOOLS

(c)' Funds apportioned and paid to any State for the purpose of this section shall be disbursed by the State educational agency to as-

^^ ^^^- 944.

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[80 STAT.

sist schools, which draw attendance from areas in which poor economic conditions exist and which have no, or grossly inadequate, equipment, to conduct a school food service program, and to acquire such equipment. In the selection of schools to receive assistance under this section, the State educational agency shall require applicant schools to provide justification of the need for such assistance and the inability of the school to finance the food service equipment needed. Disbursements to any school may be made, by advances or reimbursements, only after approval by the State educational agency of a request by the school for funds, accompanied by a detailed description of the equipment to be acquired and the plans for the use thereof in effectively meeting the nutritional needs of children in the school. N O N P R OF I T PRIVATE SCHOOLS

60 Stat. 233; 76 Stat. 945, 42 USC 1759.

(d) The withholding of funds for and disbursement to nonprofit private schools will be effected in accordance with section 10 of the National School Lunch Act, as amended, exclusive of the matching • • ^i <» provision thereot. PAYMENTS TO STATES SEC. 6. The Secretary shall certify to the Secretary of the Treasury from time to time the amounts to be paid to any State under sections 8 through 7 of this Act and the time or times such amounts are to be paid; and the Secretary of the Treasury shall pay to the State at the time or times fixed by the Secretary the amounts so certified. STATE ADMINISTRATIVE

42 USC 1759a.

EXPENSES

SEC. 7. The Secretary may utilize funds appropriated under this section for advances to each State educational agency for use for its administrative expenses in supervising and giving technical assistance to the local school districts in their conducting of programs under this Act. Such funds shall be advanced only in amounts and to the extent determined necessary by the Secretary to assist such State agencies in the administration of additional activities undertaken by them under section 11 of the National School Lunch Act, as amended, and sections 4 and 5 of this Act. There are hereby authorized to be appropriated such sums as may be necessary for the purposes of this section. U T I L I Z A T I O N OF FOODS

SEC. 8. Each school participating under section 4 of this Act shall, insofar as practicable, utilize in its program foods designated from time to time by the Secretary as being in abundance, either nationally or in the school area, or foods donated by the Secretary. Foods available under section 416 of the Agricultural Act of 1949 (63 Stat. 1058), 68 Stat. 458. 7 USC 1431 ^^ amended, or purchased under section 32 of the Act of August 24, 7 USC 612c! 1935 (49 Stat. 774), as amended, or section 709 of the Food and Agri7 USC i446a-i. cultuTC Act of 1965 (79 Stat. 1212), may be donated by the Secretary to schools, in accordance with the needs as determined by local school authorities, for utilization in their feeding programs under this Act. N O N P R OF I T PROGRAMS

SEC. 9. The food and milk service programs in schools and nonprofit institutions receiving assistance under this Act shall be conducted on a nonprofit basis.

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REGULATIONS

SEC. 10. The Secretary shall prescribe such regulations as he may deem necessary to carry out this Act. PROHIBITIONS

SEC. 11. (a) In carrying out the provisions of sections 3 through 5 of this Act, neither the Secretary nor the State shall impose any requirements with respect to teaching personnel, curriculum, instruction, methods of instruction, and materials of instruction. (b) The value of assistance to children under this Act shall not be considered to be income or resources for any purpose under any Federal or State laws including, but not limited to, laws relating to taxation, welfare, and public assistance programs. Expenditures of funds from State and local sources for the mamtenance of food programs for children shall not be diminished as a result of funds received under this Act. PRESCHOOL PROGRAMS

SEC. 12. The Secretary may extend the benefits of all school feeding programs conducted and supervised by the Department of Agriculture to include preschool programs operated as part of the school system. CENTRALIZATION

OF

ADMINISTRATION

SEC. 13. Authority for the conduct and supervision of Federal programs to assist schools in providing food service programs for children is assigned to the Department of Agriculture. To the extent practicable, other Federal agencies administering programs under which funds are to be provided to schools for such assistance shall transfer such funds to the Department of Agriculture for distribution through the administrative channels and in accordance with the standards established under this Act and the National School Lunch Act. SEC. 14. There is hereby authorized to be appropriated for any fiscal Appropriation, year such sums as may be necessary to the Secretary for his administrative expense under this Act. M I S C E L L A N E O U S PROVISIONS A N D

DEFINITIONS

SEC. 15. For the purposes of this Act— (a) "State" means any of the fifty States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, or American Samoa. (b) "State educational agency" means, as the State legislature may determine, (1) the chief State school officer (such as the State superintendent of public instruction, commissioner of education, or similar officer), or (2) a board of education controlling the State department of education. (c) "Nonprofit private school" means any private school exempt from income tax under section 501(c)(3) of the Internal Revenue Code of 1954. (d) "School" means any public or nonprofit private school of high school grade or under, including kindergarten and preschool programs operated by such school and, with respect to Puerto Rico, shall also include nonprofit child-care centers certified as such by the Governor of Puerto Rico. (e) "Secretary" means the Secretary of Agriculture.

68A Stat. lea.

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[80

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RECORDS

SEC. 16. States, State educational agencies, schools, and nonprofit institutions participating in programs under this Act shall keep such accounts and records as may be necessary to enable the Secretary to determine whether there has been compliance with this Act and the regulations hereunder. Such accounts and records shall at all times be available for inspection and audit hj representatives of the Secretary and shall be preserved for such period of time, not in excess of three years, as the Secretary determines is necessary. Approved October 11, 1966, 6:06 p.m.

Public Law 89-643 October 13, 1966 [S.3080]

Virgin I s l a h d s. Bond borrowing authority, increase. 72 Stat. 1095; 77 Stat. 335.

Limitations.

AN ACT . To amend section 8 of the Revised Organic Act of the Virgin Islands to increase the special revenue bond borrowing authority, 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 8(b)(i) of the Revised Organic Act of the Virgin Islands, as amended (68 Stat. 497, 500; 48 U.S.C. 1574(b)), is amended as follows: (a) Delete " (1) " and delete "and (2) for the establishment, construction, operation, maintenance, reconstruction, improvement, or enlargement of other projects, authorized by an Act of the legislature, which will, in the legislature's judgment, promote the public interest by economic development of the Virgin Islands." (b) Delete "$10,000,000" and substitute therefor "$30,000,000, exclusive of all bonds or obligations which are held by the Government of the United States as a result of a sale of real or personal property to the government of the Virgin Islands. Not to exceed $10,000,000 of such bonds or obligations may be outstanding at any one time for public improvements or public undertakings other than water or power projects." (c) Delete the word "specific" wherever it appears in the first and second sentences. (d) Delete in the fifth sentence the words "shall be redeemable after five years without premium" and substitute therefor the following: "may be redeemable (either with or without premium) or nonredeemable". Approved October 18, 1966. Public Law 89-644

October 13, 1966 [H. R. 10860]

Hot Oil Act, amendment. Definition of "contraband o i l. "

AN ACT To amend the Connally Hot Oil Act by exempting States from certain provisions thereof.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2 of the Act of February 22, 1935, as amended (49 Stat. 30; 15 U.S.C. 715a), commonly referred to as the Connally Hot Oil Act, is amended by striking out the period at the end of paragraph (1) of such section and inserting in lieu thereof a comma and the following: "except petroleum or any of its constituent parts, title to which has been acquired by a State pursuant to its laws.". Approved October 13, 1966.

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891

Public Law 89-645 AN ACT To amend the Atomic Energy Act of 1954, as amended. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 11 of the Atomic Energy Act of 1954, as amended, is amended— (1) by redesignating subsections j. and k. as subsections k. and 1., respectively, and by redesignating subsections 1. through aa. as subsections n. through c c, respectively; (2) by inserting after subsection i. the following new subsection: " j. The term 'extraordinary nuclear occurrence' means any event causing a discharge or dispersal of source, special nuclear, or byproduct material from its intended place of confinement in amounts offsite, or causing radiation levels offsite, which the Commission determines to be substantial, and which the Commission determines has resulted or will probably result in substantial damages to persons offsite or property offsite. Any determination by the Commission that such an event has, or has not, occurred shall be final and conclusive, and no other official or any court shall have power or jurisdiction to review any such determination. The Commission shall establish criteria in writing setting forth the basis upon which such determination shall be made. As used in this subsection, 'offsite' means away from 'the location' or 'the contract location' as defined in the applicable Commission indemnity agreement, entered into pursuant to section 170."; (3) by inserting after the subsection redesignated as subsection 1. by paragraph (1) of this subsection the following new subsection: "m. The term 'indemnitor' means (1) any insurer with respect to his obligations under a policy of insurance furnished as proof of financial protection; (2) any licensee, contractor or other person who is obligated under any other form of financial protection, with respect to such obligations; and (3) the Commission with respect to any obligation undertaken by it in an indemnity agreement entered into pursuant to section 170."; and (4) by inserting the phrase ", including an extraordinary nuclear occurrence," between the word "occurrence" and the word "within" in the subsection redesignated as subsection q. by paragraph (1) of this section. (b) Section 109 of such Act is amended by striking out "subsection 111. (2) or 11 aa. (2) " and inserting in lieu thereof "subsection 11 v. (2) or l i c e. (2)". SEC. 2. Subsection 170 e. of the Atomic Energy Act of 1954, as amended, is amended by deleting the last sentence. SEC. 3. Section 170 of the Atomic Energy Act of 1954, as amended, is amended by adding at the end thereof the following new subsections: "m. The Commission is authorized to enter into agreements with other indemnitors to establish coordinated procedures for the prompt handling, investigation, and settlement of claims for public liability. The Commission and other indemnitors may make payments to, or for the aid of, claimants for the purpose of providing immediate assistance following a nuclear incident. Any funds appropriated to the Commission shall be available for such payments. Such payments may be made without securing releases, shall not constitute an admission of the liability of any person indemnified or of any indemnitor, and shall operate as a satisfaction to the extent thereof of any final settlement or judgment.

October 13, 1966 [S.3830]

Atomic Energy Act of 1954, amendment. 68 Stat. 922; 71 Stat. 576. 42 USC 2014.

Definitions.

76 Stat. 4 1 1. 42 USC 2139.

76 Stat. 410. 42 USC 2210. 71 Stat. 576. Emergency assistance payments.

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