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PUBLIC LAW 89-368-MAR. 15, 1966 " (D) LIMITATION.—In the case of employees whose estimated wages are at levels at which the amounts deducted and withheld under this chapter generally are insufficient (taking into account a reasonable allowance for deductions and exemptions) to offset the liability for tax under chapter 1 with respect to the wages from which such amounts are deducted and withheld, the Secretary or his delegate may by regulation reduce the withholding allowances to which such employees would, but for this subparagraph, be entitled under this subsection. " (E) TREATMENT or ALLOWANCES.—For purposes of this title, lany withholding allowance under this subsection shall be treated as if it were denominated a withholding exemption.

"(4)

61

26 USC 1-1388.

AUTHORITY TO PRESCRIBE TABLES.—The Secretary or his

delegate may prescribe tables pursuant to which employees shall determine the number of withholding allowances to which they are entitled under this subsection (in lieu of making such determination under paragraphs (1) and (3)). Such tables shall be consistent with the provisions of paragraphs (1) and (3), except that such tables— " (A) shall provide for entitlement to withholding allowances based on reasonable wage and itemized deduction brackets, and " (B) may increase or decrease the number of withholding allowances to which employees in the various wage and itemized deduction brackets would, but for this subparagraph, be entitled to^ the end that, to the extent practicable, amounts deducted and withheld under this chapter (i) generally do not exceed the liability for tax under chapter 1 with respect to the wages from which such amounts are deducted and withheld, and (ii) generally are sufficient to offset such liability for tax." (3) STATUS DETERMINATION DATE.—The last sentence of section 3402(f)(3)(B) is amended to read as follows: "For purposes of this subparagraph, the term 'status detennination date' means January 1, May 1, July 1, and October 1 of each year." (4) CIVIL PENALTY.—

(A) Subchapter B of chapter 68 (relating to assessable ^^^^^^^ ^^^'" penalties) is amended by adding at the end thereof the following new section: "SEC. 6682. FALSE INFORMATION WITH RESPECT TO WITHHOLDING ALLOWANCES BASED ON ITEMIZED DEDUCTIONS. " (a) CIVIL PENALTY.—In addition to any criminal penalty provided by law, if any individual in claiming a withholding allowance under section 3402(f)(1)(F) states (1) as the amount of the wages Ante, p. 59. (within the meaning of chapter 24) shown on his return for any taxable year an amount less than such wages actually shown, or (2) as the amount of the itemized deductions referred to in section 3402(m) shown on the return for any taxable year an amount greater than such deductions actually shown, he shall pay a penalty of $50 for such statement, unless (1) such statement did not result in a decrease in the amounts deducted and withheld under chapter 24, or (2) the taxes imposed with respect to the individual under subtitle A tor the sue- ^^ ^^*^ 1-1563. ceeding taxable year do not exceed the sum of (A) the credits against such taxes allowed by part IV of subchapter A of chapter 1, and 26 USC 31-48. (B) the payments of estimated tax which are considered payments on account of such taxes. "(b)

DEFICIENCY PROCEDURES NOT TO APPLY.—Subchapter B of

chapter 63 (relating to deficiency procedures for income, estate, and 65-300 0-67—7

26 USC 62116216.

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PUBLIC LAW 89-368-MAR. 15, 1966

[80 STAT.

gift taxes) shall not apply in respect of the assessment or collection of any penalty imposed by subsection (a). " (B) The table of sections of such subchapter B is amended by adding at the end thereof the following: 68A Stat. 852. 26 USC 7205.

Ante, p. 6 1.

Ante, p. 6 1,

26 USC 6015.

26 USC 1-1388.

26 USC 1401^

1403

26 USC 31-48.

"Sec. 6682. False information with respect to withholding allowances based on itemized deductions."

(5) CRIMINAL PENALTY.—Section Y205 (relating to fraudulent withholding exemption certificate or failure to supply information) is amended— (A) by striking out "section 3402(f)" and inserting in lieu thereof "section 3402", and (B) by striking out "any penalty otherwise provided" and inserting in lieu thereof "any other penalty provided by law (except the penalty provided by section 6682)". (6) EFFECTIVE DATE.—The amendments made by paragraphs (1) and (2) of this subsection shall apply only with respect to remuneration paid after December 31, 1966, but only with respect to withholding exemptions based on estimation years beginning after such date. (f)

ing section 3 4 0 2 (f)(3)(B) of the Internal Revenue Code of 1954, a withholding exemption certificate furnished the employer after the date of the enactment of this Act and before May 1, 1966, shall take effect with respect to the first payment of wages made on or after May 1, 1966, or the 10th day after the date on which such certificate is furnished to the employer, whichever is later, and at the election of the employer such certificate may be made effective with respect to any payment of wages made on or after the date on which such certificate is furnished. (g) EFFECTIVE DATE.—The amendments made by this section (other than subsection (e)) shall apply only with respect to remuneration paid after April 30, 1966. SEC. 102. ESTIMATED TAX IN CASE OF INDIVIDUALS. (a) iNCiiliSioN OF SELF-EMPLOYMENT TAX I N ESTIMATED T A X. — Section 6015(c) (relating to definition of estimated tax in the case of an individual) is amended to read as follows: "(c) ESTIMATED TAX.—For purposes of this title, in the case of an individual, the term 'estimated tax' means— "(1) the amount which the individual estimates as the amount of the income tax imposed by chapter 1 for the taxable year, plus "(2) the amount which the individual estimates as the amount Qf ti\e self-employment tax imposed by chapter 2 for the taxable year, minus "(3) the amount which the individual estimates as the sum of any credits against tax provided by part IV of subchapter A of chapter 1." (b)

26 USC 6654.

TRANSITIONAL DETERMINATION STATUS DATE.—Notwithstand-

ADDITION TO TAX FOR UNDERPAYMENT or ESTIMATED T A X. —

(1) Section 665i(a) (relating to addition to the tax foT Underpayment of estimated tax by an individual) is amended by inserting after "chapter 1" the following: "and the tax under chapter 2". (2) Section 6654(d) is amended to read as follows: " (d) EXCEPTION.—Notwithstanding the provisions of the preceding subsections, the addition to the tax with respect to any underpayment of any installment shall not be imi:)osed if the total amount of all pay-

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ments of estimated tax made on or before the last date prescribed for the payment of such installment equals or exceeds the amount which would have been required to be paid on or before such date if the estimated tax were whichever of the following is the least— "(1) The tax shown on the return of the individual for the preceding taxable year.^ if a return showing a liability for tax was filed by the individual for the preceding taxable year and such preceding year was a taxable year of 12 months. "(2) An amount equal to 70 percent (66% percent in the case of individuals referred to in section 6073(b), relating to income ^SA Stat. vso; from farming or fishing) of the tax for the taxable year com- ^^26 USC^6o'73. puted by placing on an annualized basis the taxable income for the months in the taxable year ending before the month in which the installment is required to be paid and by taking into account the adjusted self-employment income (if the net earnings from self-employment (as defined in section 1402(a)) for the taxable ^^ ^^^ ^'*°2year equal or exceed $400). For purposes of this paragraph— " (A) The taxable income s h a l l b e placed on an annualized basis by— " (i) multiplying by 12 (or, in the case of a taxable year of less than 12 months, the number of months in the taxable year) the taxable income (computed without deduction of personal exemptions) for the months in the taxable year ending before the month in which the installment is required to be paid, "(ii) dividing the resulting amount by the number of months in the taxable year ending before the month in which such installment date falls, and "(iii) deducting from such amount the deductions for personal exemptions allowable for the taxable year (such personal exemptions being determined as of the last date prescribed for payment of the installment). " (B) The term 'adjusted self-employment income' means— "(i) the net earnings from self-employment (as defined in section 1402(a)) for the months in the taxable year ending before the month in which the installment is required to be paid, but not more than "(ii) the excess of $6,600 over the amount determined by placing the wages (within the meaning of section 1402(b)) for the months in the taxable year ending before the month in which the installment is required to be paid on an annualized basis in a manner consistent with clauses (i) and (ii) of subparagraph (A). "(3) An amount equal to 90 percent of the tax computed, at the rates applicable to the taxable year, on the basis of the actual taxable income and the actual self-employment income for the months in the taxable year ending before the month in which the installment is required to be paid as if such months constituted the taxable year. "(4) An amount equal to the tax computed, at the rates applicable to the taxable year, on the basis of the taxpayer's status with respect to personal exemptions under section 151 for the 26 USC isi. taxable year, but otherwise on the basis of the facts shown on his return for, and the law applicable to, the preceding taxable year."

63

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 64 68A Stat. 823 ^ u s e 6654. 26

Ante~'p/62."

PUBLIC LAW 89-368-MAR. 15, 1966

[80 STAT.

(3) Section 6654(f) (relating to definition of tax for purposes of subsections (b) and (d) of section 6654) is amended tx) read as follows: "(f)

T A X COMPUTED AFTER

APPLICATION

OF CREDITS

AGAINST

TAX.^—For purposes of subsections (b) and (d), the term 'tax' means— 26 USC 1-13 88. iin\ the tax imposed by this chapter 1, plus 1401^^^^"^°^' " ( ^) the tax imposed by chapter 2, minus "(3) the credits against tax allowed by part IV of subchapter 26 USC 31-48 A of chapter 1, other than the credit against tax provided by section 31 (relating to tax withheld on wages)." 26 USC 6 2 1 1. (4) Section 6211(b)(1) (relating to definition of a deficiency) is amended by striking out "chapter 1" and inserting in lieu thereof "subtitle A". 26 USC 7701. ^5^ Section 7701(a) (relating to definitions) is amended by adding at the end thereof the following new paragraph: "(34) ESTIMATED INCOME TAX.—The term 'estimated income tax' means— " (A) in the case of an individual, the estimated tax as Ante, p. 6 2. defined in section 6015(c), or " (B) in the case of a corporation, the estimated tax as 26 USC 6016. defined in section 6016(b). " (6) Section 1403(b) (cross references) is amended by adding at the end thereof the following new paragraph:

74 Stat. 926. 26 USC 1402.

78 Stat. 2 5. 26 USC 6154

"(3) For provisions relating to declarations of estimated tax on self-employment income, see section 6015." (c) MINISTERS, MEMBERS OF RELIGIOUS ORDERS, AND CHRISTIAN SCIENCE PRACTITIONERS.—Section 1402(e)(3) (relating to effective date of

waiver certificates) is amended by adding at the end thereof the following new subparagraph: " (E) For purposes of sections 6015 and 6654, a waiver certificate described in paragraph (1) shall be treated as taking effect on the first day of the first taxable year beginning after the date on which such certificate is filed." (d) EFFECTIVE DATE.—The amendments made by subsections (a), (b), and (c) shall apply with respect to taxable years beginning after December 31, 1966. SEC. 103. UNDERPAYMENT OF INSTALLMENTS OF ESTIMATED INCOME TAX IN CASE OF INDIVIDUALS. (a) IN GENERAL.—Section 6654(b) (relating to amount of underpayment), and section 6654(d) (relating to exception) as amended by section 102(b)(2) of this Act, are amended by striking out "70 percent" each place it appears and inserting in lieu thereof "80 percent". (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall apply with respect to taxable years beginning aft«r December 31, 1966. SEC. 104. INSTALLMENT PAYMENTS OF ESTIMATED INCOME TAX BY CORPORATIONS. (a) IN GENERAL.—Subsection (a) of section 6154 (relating to installment payments of estimated income tax by corporations) is amended to read as follows: " (a) AMOUNT AND T I M E FOR PAYMENT OF E A C H INSTALLMENT.—

The amount of estimated tax (as defined in section 6016(b)) with respect to which a declaration is required under section 6016 shall be paid as follows: "(1) TAXABLE YEARS BEGINNING I N I 9 6 6. — W i t h respect to taxable years beginning after December 31, 1966, and before J a n -

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65

uary 1, 1967, such estimated tax shall be paid in installments in accordance with the following table: 'If the declaration is timely filed on or before the 15th day of the—

The following percentages of the etstimated tax shall be paid on the 15th day of the— 4th month 6th month 9th month 12th month

4th month of the taxable year •ith month of the taxable year (but after the 15th day of the 4th month) flth month of the taxable year (but after the 16th day of the 6th month) — 12th month of the taxable year (but after the 15th day of the 9th month) —

"(2) TAXABLE YEARS BEGINNING AFTER I 9 66.—With respect to taxable years beginning after December 31, 1966, such estimated tax shall be paid in installments in accordance with the following table: 'If the declaration is timely filed on or before the 15th day of the—

The following percentages of the estimated tax slull be paid on the 15th day of the— 4th month 6th month 9th month 12th month

4th month of the taxable year. 6th month of the taxable year (but after the 15th day of the 4th month) 9th month of the taxable year (but after the 15th day of the 6th month) I2th month of the taxable year (but after the 15th day of the 9th month)

25

26

25

25

50

50

33J4 100

" (3) TIMELY FILING.—A declaration is timely filed for the purposes of paragraphs (1) and (2) if it is not required by section 6074(a) to be filed on a date (determined without regard to any extension of time for filing the declaration under section 6081) before the date it is actually filed. "(4) LATE FILING.—If the declaration is filed after the time prescribed in section 6074(a) (determined without regard to any extension of time for filing the declaration under section 6081), there shall be paid at the time of such filing all installments of estimated tax which would have been payable on or before such time if the declaration had been filed within the time prescribed in section 6074(a), and the remaining installments shall be paid at the times at which, and in the amounts in which, they would have been payable if the declaration had been so filed." (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply with respect to taxable years beginning after December 31, 1965.

26 USC 6074. 26 USC 6081.

TITLE II—POSTPONEMENT OF CERTAIN EXCISE TAX RATE REDUCTIONS SEC. 201. PASSENGER AUTOMOBILES. (a)

POSTPONEMENT OF RATE REDUCTIONS.—Subparagraph (A)

of

section 4061(a)(2) (relating to imposition of tax) is amended to read as follows: " (A) Articles enumerated in subparagraph (B) are taxable at whichever of the following rates is applicable: "7 percent for the period beginning with the day after the date of the enactment of the Tax Adjustment Act of 1966 through March 31, 1968. "2 percent for the period April 1, 1968, through December 31, 1968. "1 percent fbr the period after December 31, 1968."

79 Stat. 136. 26 USC 4061.

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PUBLIC LAW 89-368-MAR. 15, 1966

26 USC 64U

26 USC 4251.

[80 STAT.

(^) CONFORMING AMENDMENT.—Section 6412(a)(1) (relating to floor stocks refunds on passenger automobiles, etc.) is amended by striking out "January 1, 1966, 1967, 1968, or 1969," and inserting in lieu thereof "January 1, 1966, April 1, 1968, or January 1, 1969,". (c) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply with respect to articles sold after the date of the enactment of this Act. SEC. 202. COMMUNICATION SERVICES. ^g^^ POSTPONEMENT OF RATE REDUCTIONS.—Section 4251 (relating

to tax on communications) is amended— (1) By striking out subsection (a)(2) and inserting in lieu thereof: " (2) The rate of tax referred to in paragraph (1) is as follows: "Amounts paid pursuant to bills first rendered— "Before April 1, 1968 "After March 31, 1968, and before January 1, 1969

26 USC 42 53.

26 USC 503. 26 USC 501.

26 USC 4251-

4254.

79 Stat. 156. note.

Percent— 10 1"

(2) By striking out subsection (c) and inserting in lieu thereof: "(c) SPECIAL RULE. — For purposes of subsection (a), in the case of communications services rendered before February 1, 1968, for which a bill has not been rendered before April 1, 1968, a bill shall be treated as having been first rendered on March 31, 1968. For purposes of subsections (a) and (b), in the case of communications services rendered after January 31, 1968, and before November 1, 1968, for which a bill has not been rendered before January 1, 1969, a bill shall be treated as having been first rendered on December 31, 1968." ^^^ NONPROFIT HospiTALS.—Section 4253 (relating to exemptions from tax on communications) is amended by adding at the end thereof the following new subsection: " (h) NONPROFIT HOSPITALS.—No tax shall be imposed under section 4251 on any amount paid by a nonprofit hospital for services furnished to such organization. For purposes of this subsection, the term 'nonprofit hospital' means a hospital referred to in section 503(b)(5) which is exempt from income tax under section 501(a). " (c) EFFECTIVE DATE.—The amendments made by subsections (a) and (b) shall apply to amounts paid pursuant to bills first rendered on or after April 1, 1966, for services rendered on or after such date. In the case of amounts paid pursuant to bills rendered on or after such date for services which were rendered before such date and for which no previous bill was rendered, such amendments shall apply except with respect to such services as were rendered more than 2 months before such date. I n the case of services rendered more than 2 months before suci^ date, the provisions of subchapter B of chapter 33 of the Code in effect at the time such services were rendered, subject to the proA'ision of section 701(b)(2) of the Excise Tax Reduction Act of 1965, shall apply to the amounts paid for such services. TITLE III—MISCELLANEOUS PROVISIONS

SEC. 301. DISALLOWANCE OF DEDUCTION FOR CERTAIN INDIRECT CONTRIBUTIONS TO POLITICAL PARTIES. 26 USC 261-275. ^^^ DiSALLowANCE.—Part IX of Subchapter B of chapter 1 (relating to items not deductible) is amended by adding at the end thereof the following new section: "SEC. 276. CERTAIN INDIRECT CONTRIBUTIONS TO POLITICAL PARTIES. " (a) DISALLOWANCE OF DEDUCTION.—No deduction otherwise allow-

able under this chapter shall be allowed for any amount paid or incurred for—

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PUBLIC LAW 89-368-MAR. 15, 1966

67

"(1) advertising in a convention program of a political party, or in any other publication if any part of the proceeds of such publication directly or indirectly inures (or is intended to inure) to or for the use of a political party or a political candidate, "(2) admission to any dinner or program, if any part of the proceeds of such dinner or program directly or indirectly inures (or is intended to inure) to or for the use of a political party or a political candidate, or "(3) admission to an inaugural ball, inaugural gala, inaugural parade, or inaugural concert, or to any similar event which is identified with a political party or a political candidate. " (b) DEFINITIONS.—For purposes of this section— "(1) POLITICAL PARTY.—The term 'political party' means— " (A) a political party; " (B) a National, State, or local committee of a political party; or " (C) a committee, association, or organization, whether incorporated or not, which directly or indirectly accepts contributions (as defined in section 271(b)(2)) or make expenditures (as defined in section 271(b)(3)) tor the purpose of influencing or attempting to influence the selection, nomination, or election of any individual to any Federal, State, or local elective public office, or the election of presidential and vice-presidential electors, whether or not such individual or electors are selected, nominated, or elected. "(2)

68A Stat. 82. 26 USC 271.

PROCEEDS INURING TO OR FOR THE USE OF POLITICAL CANDI-

DATES.—Proceeds shall be treated as inuring to or for the use of a political candidate only if— " (A) such proceeds may be used directly or indirectly for the purpose of furthering his candidacy tor selection, nomination, or election to any elective public office, and " (B) such proceeds are not received by such candidate in the ordinary course of a trade or business (other than the trade or business of holding elective public office). "(c)

CROSS REFERENCE.—

"For disallowance of certain entertainment, etc., expenses, see section 274." (b) CLERICAL AMENDMENT.—The table of sections for such part

IX is amended by adding at the end thereof the following new item: "Sec. 276. Certain indirect contributions to political parties."

(c) EFFECTIVE DATE.—The amendments made by subsections (a) and (b) shall apply to taxable years b e ^ n n i n g after December 31, 1965, but only with respect to amounts paid or incurred after the date of the enactment of this Act. SEC. 302. BENEFITS AT AGE 72 FOR CERTAIN UNINSURED VIDUALS.

INDI-

(a) MONTHLY BENEFITO.—Title II of the Social Security Act is amended by adding at the end thereof the following new section: " B E N E F I T S A T AGE 72 FOR CERTAIN UNINSURED INDIVIDUALS

"Eligibility "Sec. 228. (a) Every individual who— "(1) has attained the age of 72, " (2)(A) attained such age before 1968, or (B) has not less than 3 quarters of coverage, whenever acquired, for each calendar year elapsing after 1966 and before the year in which he attained such age,

42 USC 401-427.

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PUBLIC LAW 89-368-MAR. 15, 1966

42 USC 41^0.

[80 STAT.

"(3) is a resident of the United States (as defined in subsection (e)), and is (A) a citizen of the United States or (B) an alien lawfully admitted for permanent residence who has resided i^ the United States (as defined in section 210(i)) continuously during the 5 years immediately preceding the month in which he files application under this section, and "(4) has filed application for benefits under this section, shall (subject to the limitations in this section) be entitled to a benefit under this section for each month beginning with the first month after September 1966 in which he becomes so entitled to such benefits and ending with the month preceding the month in which he dies. No application under this section which is filed by an individual more than 3 months before the first month in which he meets the requirements of paragraphs (1), (2), and (3) shall be accepted as an application for purposes of this section. "Benefit Amount " (b)(1) Except as provided in paragraph (2), the benefit amount to which an individual is entitled under this section for any month shall be $35. "(2) If both husband and w'ife are entitled (or upon application would be entitled) to benefits under this section for any month, the amount of the husband's benefit for such month shall be $35 and the amount of the wife's benefit for such month shall be $17.50. "Seduction for Governmental Pension System Benefits " (c)(1) The benefit amount of any individual under this section for any month shall be reduced (but not below zero) by the amount of any periodic benefit under a governmental pension system for which he is eligible for such month. " (2) In the case of a husband and wife only one of whom is entitled to benefits under this section for any month, the benefit amount, after any reduction under paragraph (1), shall be further reduced (but not below zero) by the excess (if any) of (A) the total amount of any periodic benefits under governmental pension systems for which the spouse who is not entitled to benefits under this section is eligible for such month, over (B) $17.50. "(3) In the case of a husband and wife both of whom are entitled to benefits under this section for any month— " (A) the benefit amount of the wife, after any reduction under paragraph (1), shall be further reduced (but not below zero) by the excess (if any) of (i) the total amount of any periodic benefits under governmental pension systems for which the husband is eligible for such month, over (ii) $35, and " (B) the benefit amount of the husband, after any reduction under paragraph (1), shall be further reduced (but not below zero) by the excess (if any) of (i) the total amount of any periodic benefits under governmental pension systems for which the wife is eligible for such month, over (ii) $17.50. "(4) For purposes of this subsection, in determining whether an individual is eligible for periodic benefits under a governmental pension system— " (A) such individual shall be deemed to have filed application for such benefits, " (B) to the extent that entitlement depends on an application by such individual's spouse, such spouse shall be deemed to have filed application, and

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PUBLIC LAW 89-368-MAR. 15, 1966

69

" (C) to the extent that entitlement depends on such individual or his spouse having retired, such individual and his spouse shall be deemed to have retired before the month for which the determination of eligibility is being made. "(5) For purposes of this subsection, if any periodic benefit is payable on any basis other than a calendar month, the Secretary shall allocate the amount of such benefit to the appropriate calendar months. "(6) If, under the foregoing provisions of this section, the amount payable for any month would be less than $1, such amount shall be reduced to zero. I n the case of a husband and wife both of whom are entitled to benefits under this section for the month, the preceding sentence shall be applied with respect to the aggregate amount so payable for such month. "(7) If any benefit amount computed under the foregoing provisions of this section is not a multiple of $0.10, it shall be raised to the next higher multiple of $0.10. "(8) Under regulations prescribed by the Secretary, benefit payments under this section to an individual (or aggregate benefit payments under this section in the case of a husband and wife) of less than $5 may be accumulated until they equal or exceed $5. ''Suspension for Months in Which Cash Payments Are Made Under Public Assistance " (d) The benefit to which any individual is entitled under this section for any month shall not be paid for such month if— "(1) such individual receives aid or assistance in the form of money payments in such month under a State plan approved under title I,_iy, _X, X IV, or X VI, or _ i,m ",^,^f°/i«r' 1201, 1351, 1381. "(2) such individual's husband or wife receives such aid or assistance in such month, and under the State plan the needs of such individual were taken into account in determining eligibility for (or amount of) such aid or assistance, unless the State agency administering or supervising the administration of such plan notifies the Secretary, at such time and in such manner as may be prescribed in accordance with regulations of the Secretary, that such payments to such individual (or such individual's husband or wife) under such plan are being terminated with the payment or payments made in such month. "Suspension Where Individual Is Residing Outside the United States "(e) The benefit to which any individual is entitled under this section for any month shall not be paid if, during such month, such individua' '^ not a resident of the United States. For purposes of this subsection, the term 'United States' means the 50 States and the District of Columbia. "Treatment as Monthly Insurance Benefits "(f) For purposes of subsections (t) and (u) of section 202, and of section 1840, a monthly benefit under this section shall be treated as a ^ monthly insurance benefit payable under section 202. "Annual Reimbursement of Federal Old-Age and Survivors Insurance Trust Fund " (g) There are authorized to be appropriated to the Federal OldAge and Survivors Insurance Trust Fund for the fiscal year endingJune 30, 1069, and for each fiscal year thereafter, such sums as the

42 USC 402,

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PUBLIC LAW 89-368-MAR. 15, 1966

[80 STAT.

Secretary of Health, Education, and Welfare deems necessary on account of— "(1) payments made under this section during the second preceding fiscal year and all fiscal years prior thereto to individuals who, as of the beginning of the calendar year in which falls the month for which payment was made, had less than 3 quarters of coverage, "(2) the additional administrative expenses resulting from the payments described in paragraph (1), and "(3) any loss in interest to such Trust F u n d resulting from such payments and expenses, in order to place such Trust Fund in the same position at the end of such fiscal year as it would have been in if such payments had not been made. "Definitions " (h) For purposes of this section— " (1) The term 'quarter of coverage' includes a quarter of coverage as defined in section 5(1) of the Railroad Retirement Act of 1937. a ^2) The term 'governmental pension system' means the insurance system established by this title or any other system or fund established by the United States, a State, any political subdivision of a State, or any wholly owned instrumentality of any one or more of the foregoing which provides for payment of (A) pensions, (B) retirement or retired pay, or (C) annuities or similar amounts payable on account of personal services performed by any individual (not including any payment under any workmen's compensation law or any payment by the Veterans' Administration as compensation for service-connected disability or death), "(3) The term 'periodic benefit' includes a benefit payable in a lump sum if it is a commutation of, or a substitute for, periodic payments. " (4) The determination of whether an individual is a husband or wife for any month shall be made under subsection (h) of section 216 without regard to subsections (b) and (f) of section

60 Stat. 733. 45 USC 228e.

42 USC 4 ^ 16 Ante, p. 67.

42 USC 4^^^ note.

(b) CERTAIN APPLICATIONS UNDER 1965 AMENDMENTS.—For purposes of paragraph (4) of section 228(a^ of the Social Security Act (added by subsection (a) of this section), an application filed under section 103 of the Social Security Amendments of 1965 before July 1966 shall be regarded as an application under such section 228 and shall, for purposes of such paragraph and of the last sentence of such section 228(a), be deemed to have been filed in July 1966, unless the person by whom or on whose behalf such application was filed notifies the Secretary that he does not want such application so regarded.

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PUBLIC LAW 89-36 9-MAR. 16, 1966

SEC. 303. TEMPORARY DUTY-FREE ENTRY FOR GIFTS FROM MEMBERS OF ARMED FORCES IN COMBAT ZONES. (a) GIFTS COSTING $50 OR LESS.—Subpart B of part 1 of the appentlix to the Tariff Schedules of the United States (19 U.S.C. 1202) is amended by inserting after item 915.20 the following new item: 915.25

Articles constituting a bona flde gift from a member of the Armed Forces of the United States serving in a combat zone (within the meaning of section 112(c) of the Internal Revenue Code of 1954) to the extent such articles in any shipment do not exceed $50 In aggregate retail value in the country of shipment and with such limitations on the importation of alcoholic beverages and tobacco products as the Secretary of the Treasury may prescribe, if such articles were purchased In or through authorized agencies of the Armed Forces of the United States or in accordance with regulations prescribed by the Secretary of Defense

77A Stat. 434.

On or before 12/31/67

Free (see headnote 2 of this subpart)

Free (see headnote 2 of this subpart)

(b) CLERICAL AMP:NDMENT.—Headnote 2 for subpart B of part 1 of such appendix is amended by striking out "item 915.20" and inserting in lieu thereof "items 915.20 and 915.25". (c) EFFECTIVE DATE.—The amendments made by this section shall apply with respect to articles entered, or withdrawn from wniohouse, tor consumption after the date of the enactment of this Act. Approved March 15, 1966, 8:15 p.m.

Public Law 89-369 AN ACT To provide for the participation of the United States in the Asian Development Bank.

March 16, 1966 [H. R. I 2 5 6 3 ]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act me'^f B"i!kAc'°^" may be cited as the "Asian Development Bank Act". ACCEPTANCE

OF

MEMBERSHIP

SEC. 2. The President is hereby authorized to accept membership for the United States in the Asian Development Bank (hereinafter referred to as the "Bank") provided for by the agreement establishing the Bank (hereinafter referred to as the "agreement") deposited in the archives of the United Nations. SEC. 3. (a) The President, by and with the advice and consent of the Senate, shall appoint a Governor of the Bank, an alternate for the Governor, and a Director of the Bank. (b) No person shall be entitled to receive any salary or other compensation from the United States for services as a Governor or Alternate Governor. The Director may, in the discretion of the President, receive such compensation, allowances, and other benefits as, together with those received hj him from the Bank, will equal those authorized for a Chief of Mission, class 2, within the meaning of the Foreign Service Act of 1946, as amended. SEC. 4. (a) The policies and operations of the representatives of the United States on the Bank shall be coordinated with other United States policies in such manner as the President shall direct. • (b) An annual report with respect to United States participation in the Bank shall be submitted to the Congress by such agency or officer as the President shall designate.

P r e s i d e n t i a l appointees.

60 Stat. 999. 22 USC 801 note.

Report to Con-

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PUBLIC LAW 89-369-MAR. 16, 1966

[80 STAT.

SEC. 5. Unless the Congress by law authorizes such action, neither the President nor any person or agency shall, on behalf of the United States, (a) subscribe to additional shares of stock of the Bank; (b) vote for or agree to any amendment of the agreement which increases the obligations of the United States, or which would change the purpose or functions of the Bank; or (c) make a loan or provide other financing to the Bank, except that funds for technical assistance not to exceed $1,000,000 in any one year may be provided to the Bank by a United States agency created pursuant to an Act of Congress which is authorized by law to provide funds to international organizations. DEPOSITORIES

SEC. 6. Any Federal Reserve bank which is requested to do so by the Bank shall act as its depository or as its fiscal agent, and the Board of Governors of the Federal Reserve System shall supervise and direct the carrying out of these functions by the Federal Reserve banks. P A Y M E N T OF SUBSCRIFTIONS

Appropriation.

gj,^^ ^ (jj^^ There Is hereby authorized to be appropriated, without fiscal year limitation, for the purchase of twenty thousand shares of capital stock of the Bank, $200,000,000. (b) Any payment made to the United States by the Bank as a distribution of net income shall be covered into the Treasury as a miscellaneous receipt. JURISDICTION A N D V E N U E OF ACTIONS

65 Stat. 725.

SEC. 8. For the purpose of any civil action which may be brought within the United States, its territories or possessions, or the Commonwealth of Puerto Rico, by or against the Bank in accordance with the agreement^ the Bank shall be deemed to be an inhabitant of the Federal judicial district in which its principal office or agency in the United States is located, and any such action to which the Bank shall be a party shall be deemed to arise under the laws of the United States, and the district courts of the United States, including the courts enumerated in title 28, section 460, United States Code, shall have original jurisdiction of any such action. When the Bank is a defendant in any action in a State court, it may, at any time before the trial thereof, remove such action into the district court of the United States for the proper district by following the procedure for removal of causes otherwise provided by law. S T A T U S, I M M U N I T I E S, A N D PRIVILEGES

SEC. 9. The agreement, and particularly articles 49 through 56, shall have full force and effect in the United States, its territories and possessions, and the Commonwealth of Puerto Rico, upon acceptance of membership by the United States in, and the establishment of, the Bank. The President, at the time of deposit of the instrument of acceptance of membership by the United States in the Bank, shall also deposit a declaration that the United States retains for itself and its olitical subdivisions the right to tax salaries and emoluments paid y the Bank to its citizens or nationals. SECURITIES I S S U E D BY B A N K AS INVESTMENT SECURITIES FOR N A T I O N A L BANKS

SEC. 10. The last sentence of paragraph 7 of section 5136 of the Revised Statutes, as amended (12 U.S.C. 24), is amended by striking

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 80

STAT.]

PUBLIC LAW 89-370-MAR. 17, 1966

73

the word "or" after the words "International Bank for Reconstruction and Development" and inserting a comma in lieu thereof, and by inserting after the words "the Inter-American Development B a n k ' the words "or the Asian Development Bank". SECURITIES ISSUED BY BANK AS EXEMPT SECURITIES; REPORT FILED WITH SECURITIES AND EXCHANGE COMMISSION

SEC. 11. (a) Any securities issued by the Bank (including any guarantee by the Bank, whether or not limited in scope) in connection with raising of funds for inclusion in the Bank's ordinary capital resources as defined in article 7 of the agreement and any securities guaranteed by the Bank as to both principal and interest to which the commitment in article 6, section 5, of the agreement is expressly applicable, shall be deemed to be exempted securities within the meaning of paragraph (a)(2) of section 3 of the Act of May 27, 1933, as amended (15 U.S.C. 77c), and paragraph (a) (12) of section 3 of the Act of June 6, 1934, as amended (15 U.S.C. 78c). The Bank shall file with the Securities and Exchange Commission such annual and other reports with regard to such securities as the Commission shall determine to be appropriate in view of the special character of the Bank and its operations and necessary in the public interest or for the protection of investors. (b) The Securities and Exchange Commission, acting in consultation with such agency or officer as the President shall designate, is authorized to suspend the provisions of subsection (a) at any time as to any or all securities issued or guaranteed by the Bank during the period of such suspension. The Commission shall include in its annual reports to Congress such information as it shall deem advisable with regard to the operations and effect of this section and in connection therewith shall include any views submitted for such purpose by any association of dealers registered with the Commission. Approved March 16, 1966, 9:50 a.m.

48stat.906,882.

C^^^TVSS

Public Law 89-370 AN ACT F a r the relief of certain classes of civilian employees of naval installations erroneously in receipt of certain wages due to misinterpretation of certain personnel instructions.

March 17, 1966 [H. R. 2627j

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That each civilian j ^ ^ ^ / ^ ^ instaiiaemployee and each former civilian employee of any United States Relief of certain Xavy installation is relieved of all liability to refund to the United civilian employees. States any and all amounts which were erroneously received by him without fault on his part after May 25, 1960, and before July 1, 1962, resulting from a premature within-grade advancement based upon a a misinterpretation of cover sheet 852 of the Navy Civilian Personnel Instructions dated May 25, 1960. Any such employee or former employee who has at any time made repayment to the United States of an amount paid to him as a result of any such misinterpretation is hereby entitled to have refunded to him such amount so repaid if application therefor is made to the Secretary of the Navy within one year following the date of enactment of this Act. I n the audit and settlement of the accounts of any certifying or disbursing officer of the United States, full credit shall be given for appropriate amounts for which liability is relieved by this Act. Appropriations available for the pay of civilian personnel of the Navy are hereby made available for payment of refunds under this Act.

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PUBLIC LAW 89-371-MAR. 18, 1966

[80 STAT.

SEC. 2. No part of the amount appropriated in this Act shall be paid or delivered to or received by any a^ent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000. Approved March 17, 1966.

Public Law 89-371 March 18, 1966 [H. R. 12169]

^ ^ ACT T(j amend further the Foreign Assistance Act of 1961, as amended, and for other purposes.

Be it enacted by the Senate and House of Representatives of the Foreign A s s i s t United States of America in Congress assembled, That section 402 of ance Act of 1961 amendments/'" ' the Forcigii Asslstance Act of 1961, as amended, which relates to 75 Stat. 43 4; supporting assista.iice, is amended as follows: 22 USC 2242. (a) Strike out "$369,200,000" and substitute "$684,200,000". (b) I n the first sentence, after "President" insert ", without regard 22 USC 2408. lo gection 649,". SEC. 2. Section 451(a) of the Foreign Assistance Act of 1961, as 22 USC 2 2 6 1. amended, which relates to the contingency fund, is amended by striking out "$50,000,000" and substituting "$150,000,000" and by inserting immediately after the first sentence thereof the following new sentence: "No part of the funds appropriated under the preceding sentence after January 1, 1966, for the fiscal year 1966, shall be used to provide assistance to any country which permits any ship or aircraft under its registry to transport any equipment, materials, or commodities to or from North Vietnam unless the President determines that the withholding of such assistance would be contrary to the national interest of the United States and reports such determination to the Congress.". 22?sc2 36°6 S^^^- '^- Section 610(b) of such Act, which relates to transfer between accounts, is amended by adding at the end thereof the following: "Not to exceed $1,400,000 of the funds appropriated under section 402 of this Act after January 1, 1966, for the fiscal year 1966, may be transferred to and consolidated with appropriations made 22 USC 2397. uncler section 637(a) of this Act for such fiscal year, subject to the limitations of subsection (a) of this section and subject to the further limitation that funds so transferred shall be available solely for administrative expenses incurred in connection with programs in the Republic of Vietnam." Approved March 18, 1966.

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PUBLIC LAW 89-372-MAR. 18, 1966

STAT.]

75

Public Law 89-372 AN ACT To provide for the appointment of additional circuit and district judges, and for other purposes.

March 18, 1966 1^^- 1666]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the Presi- cuit ^ d i s t rcirAdditional i c t and dent shall appoint, by and with the advice and consent of the Senate, j^iTdgeT. two additional circuit judges for the fourth circuit, two additional circuit judges for the sixth circuit, one additional circuit judge for the seventh circuit, and one additional circuit judge for the eighth circuit. (b) I n order that the table contained in section 44(a) of title 28 of the United States Code will reflect the changes made by subsection ^2 Stat. 87i. (a) of this section in the number of circuit judges for said circuits, such table is amended to read as follows with respect to said circuits: •'Circuits

0

Number of judges

«

Fourth

7

It

if

Sixth Seventh Eighth

tf

It

8 8 8

(c) The President shall appoint, by and with the advice and consent of the Senate, four additional circuit judges for the fifth circuit. The first four vacancies occurring in the office of circuit judge in said circuit shall not be filled. SEC. 2. (a) The President shall appoint, by and with the advice and consent of the Senate, one district judge for the middle and southern districts of Alabama, one additional district judge for the district of Arizona, one additional district judge for the northern district of Florida, one additional district judge for the middle district of Florida, two additional district judges for the southern district of Florida, one additional district judge for the northern district of Illinois, one additional district judge for the southern district of Indiana, four additional district judges for the eastern district of Louisiana, one additional district judge for the district of Maryland, one additional district judge for the northern district of Mississippi, one additional district judge for the southern district of Mississippi, one additional district judge for the western district of New York, one additional district judge for the northern district of Ohio, one additional district judge for the southern district of Ohio, one additional district judge for the district of Rhode Island, two additional district judges for the southern district of Texas, one additional district judge for the western district of Texas, two additional district judges for the eastern district of Virginia, and one additional district judge for the district of Vermont. (b) The existing district judgeship for the northern, middle and ^'lo'-ida. southern districts of Florida heretofore provided for by section 133 of title 28, United States Code, shall hereafter be a district judgeship '^^ ^*^'- ^'*^for the middle district of Florida only, and the present incumbent of such judgeship shall henceforth hold his office under section 133, as amended by this Act. SEC. 3. (a) Section 84 of title 28, United States Code, is amended ^"^^^=^^1 ^is.

1

J. 11

'

to read as follows: "§84. California "California is divided into four judicial districts to be known as the Northern, Eastern, Central, and Southern Districts of California.

tricts, revision.

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PUBLIC LAW 89.372-MAR. 18, 1966

[80 STAT.

"Northern District " (a) The Northern District comprises the counties of Alameda, Contra Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, San Benito, Santa Clara, Santa Cruz, San Francisco, San Mateo, and Sonoma. "Court for the Northern District shall be held at Eureka, Oakland, San Francisco, and San Jose. "Eastern District " (b) The Eastern District comprises the counties of Alpme, Amador, Butte, Calaveras, Colusa, E l Dorado, Fresno, Glenn, Inyo, Kern, Kings, Lassen, Madera, Mariposa, Merced, Modoc, Mono, Nevada, Placer, Plumas, Sacramento, San Joaquin, Shasta, Sierra, Siskiyou, Solano, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Yolo, and Yuba. "Court for the Eastern District shall be held at Fresno, Redding, and Sacramento. "Central District "(c) The Central District comprises the counties of Los Angeles, Orange, Riverside, San Bernardino, San Luis Obispo, Santa Barbara, and Ventura. "Court for the Central District shall be held at Los Angeles. "Southern District " (d) The Southern District comprises the counties of Imperial and San Diego. "Court for the Southern District shall be held at San Diego." (b) The two district judges for the northern district of California holding office on the day before the effective date of this section and whose official station is Sacramento shall, on and after such date, be district judges for the eastern district of California. All other district judges for the northern district of California holding office on the day before the effective date of this section shall, on and after such date, be district judges for the northern district of California. (c) The district jud^e for the southern district of California, residing in the northern division thereof and holding office on the day before the effective date of this section, shall, on and after such date, be a district judge for the eastern district of California. The two district judges for the southern district of California holding office on the day before the effective date of this section and whose official station is San Diego shall, on and after such date, be the district judges for the southern district of California. All other district judges for the southern district of California holding office on the day before the effective date of this section shall, on and after such date, be district judges for the central district of California. (d) Nothing in this Act shall in any mamier affect the tenure of office of the United States attorney and the United States marshal for the northern district of California who are in office on the effective date of this section, and who shall be during the remainder of their present terms of office the United States attorney and marshal for such district as constituted by this Act. (e) Nothing in this Act shall in any manner affect the tenure of office of the United States attorney and the United States marshal

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PUBLIC LAW 89-372-MAR. 18, 1966

80 STAT.]

for the southern district of California who are in office on the effective date of this section, and who shall be during the remainder of their present terms of office the United States attorney and marshal for the central district of California. (f) The President shall appoint, by and with the advice and consent of the Senate, a United States attorney and a United States marshal for the southern district of California. (g) The President shall appoint, by and with the advice and consent of the Senate, a United States attorney and a United States marshal for the eastern district of California. (h) The President shall appoint, by and with the advice and consent of the Senate, three additional district judges for the central district of California, and two additional district judges for the northern district of California. (i) The provisions of this section shall become effective six months after the date of enactment of this Act. SEC. 4. In order that the table contained in section 133 of title 28, of the United States Code will reflect the changes made by sections 2 and 3 of this Act in the number of permanent judgeships for certain districts, such table is amended to read as follows with respect to said districts: "Districts

Judges

Alabama: Middle and Southern «

1

DC

»

«

Arizona California: Northern Eastern Central Southern Florida: Northern Middle Southern Illinois: Northern Indiana: Southern Louisiana: Eastern Maryland Mississippi: Northern Southern New York: Western

Ohio: Northern Southern

65-300 0-67—8

4 9 3 13 2

«

«

« <

2 5 5 11

4

8 5

•

•

2 3

3

7 4

U.S. attorneys and U.S. m a r s h a l s.

Additional district j u d g e s.

Effective date.

62 Stat. 895.

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PUBLIC LAW 89-373-MAR. 23, 1966

[80 STAT.

'•Districts

Kansas.

Pennsylvania.

Wisconsin.

Judges

Rhode Island 2 Texas: • • Southern 7 Western 4 Vermont 2 Virginia: Eastern 5." gj,^, g ^^^ 'pj^g Pfesideiit shall appoint, by and with the advice and consent of the Senate, one additional district judge for the district of Kansas. The first vacancy occurring in the office of district judge in said district shall not be filled. ^jj^ rpj^g President shall appoint, by and with the advice and consent of the Senate, three additional district judges for the eastern district of Pennsylvania. The first three vacancies occurring in the office of district judge in said district shall not be filled. ^^.^ 'pjjg Presideut shall appoint, by and with the advice and consent of the Senate, one additional district judge for the eastern district of Wisconsin. The first vacancy occurring in the office of district judge in said district shall not be filled. Approved March 18, 1966. .-Public Law 89-373

March 23, 1966 [H. R. 432]

^^ ACT "^ " To amend the Federal Employees' Group Life Insurance Act of 1954 and the Civil Service Retirement Act with regard to filing designation of beneficiary, and for other purposes.

Be it enacted by the Senate and House of Representatives of the Federal employ- jj^^Q^ States of Amevica in Congress assembled. That the first item

e e;s

lite insurance,

Beneficiaries, 68 Stat. 738.

5us*cVsilote 73 Stat. 701° ^ 5 USC 2095. benefits!"^"' 70 Stat. 755.

p

i

T

< •

i

•

'^.

I > I T ~ « II

T-<

ot the ordcr ot precedence in section 4 oi the Federal Employees Qroup Life Insurance Act of 1954, as amended (5 U.S.C. 2093), is amended to read as follows: "First, to the beneficiary or beneficiaries as the employee may have designated by a signed and witnessed writing received prior to death in the employing office or, if insured because of receipt of annuity ^^ ^^ benefits under the Federal Employees' Compensation Act as provided in section 6(b) or 6(c) of this Act, in the Commission. For ijiis purpose, a designation, change, or cancellation of beneficiary in a will or other document not so executed and filed shall have no force or effect;". SEC. 2. The first item of the order of precedence in section 11(c) of the Civil Service Retirement Act, as amended (5 U.S.C. 2261(c)), is amended to read as follows: "First, to the beneficiary or beneficiaries as the employee or Member may have designated by a signed and witnessed writing received in the Commission prior to his death. For this purpose, a designation, change, or cancellation of beneficiary in a will or other document not so executed and filed shall have no force or effect;". Approved March 23, 1966. _ . ,

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PUBLIC LAW 89-374-MAR. 25, 1966

STAT.]

79

Public Law 89-374 AN ACT March 25, 1966 Making supplemental appropriations for the fiscal year ending June 30, 1966, and — [ H. R. i354t)]— for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the following ^ supplemental /

if

• i i m

J.J.1

•

defense Appropri-

sums are appropriated out of any money in the ireasury not otherwise ation Act, 1966. appropriated, to supply supplemental appropriations (this Act may be cited as the "Supplemental Defense Appropriation Act, 1966") for the fiscal year ending June 30, 1966, and for other purposes, namely: DEPARTMENT OF DEFENSE M I L I T A R Y PERSONNEii

MIIJETARY PERSONNEL, ARMY

For an additional $833,600,000.

amount for

"Military

personnel, Army",

MILITARY PERSONNEL, NAVY

For an additional $318,500,000.

amount

for

"Military

personnel,

Navy",

MILITARY PERSONNEL, MARINE CORPS

For an additional amount for "Military personnel. Marine Corps", $184,600,000. MILITARY PERSONNEL, AIR FORCE

For an additional amount for "Military personnel. Air Force", $219,300,000. RESERVE PERSONNEL, ARMY

For an additional $7,500,000.

amount

for

"Reserve personnel.

Army",

RESERVE PERSONNEL, MARINE CORPS

For an additional amount for "Reserve personnel. Marine Corps", $2,200,000. RESERVE PERSONNEL, AIR FORCE

For an additional amount for "Reserve personnel. Air Force", $2,700,000. NATIONAL GUARD PERSONNEL, ARMY

For an additional Army", $45,900,000.

amount

for

"National

Guard

personnel.

NATIONAL GUARD PERSONNEL, AIR FORCE

For an additional amount for "National Guard personnel, Air Force", $5,700,000. OPERATION AND MAINTENANCE OPERATION AND MAINTENANCE, ARMY

For an additional amount for "Operation and maintenance, Army", including an additional amount of not to exceed $318,000 for emergencies and extraordinary expenses, $1,077,200,000.

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PUBLIC LAW 89-374-MAR. 25, 1966

[80 STAT.

OPERATION A N D M A I N T E N A N C E, NAVY

For an additional amount for "Operation and maintenance, Navy", including an additional amount of not to exceed $125,000 for emergency and extraordinary expenses, $506,000,000. OPERATION A N D M A I N T E N A N C E, M A R I N E CORPS

For an additional amount for "Operation and maintenance, Marine Corps", $102,600,000. OPERATION A N D M A I N T E N A N C E, AIR FORCE

For an additional amount for "Operation and maintenance, Air Force", $544,900,000. OPERATION A N D M A I N T E N A N C E, D E F E N S E AGENCIES

For an additional amount for "Operation and maintenance. Defense agencies", $41,769,000. OPERATION A N D M A I N T E N A N C E, A R M Y N A T I O N A L GUARD

For an additional amount for "Operation and maintenance. Army National Guard", $35,700,000. OPERATION A N D M A I N T E N A N C E, AIR N A T I O N A L GUARD

For an additional amount for "Operation and maintenance. Air National Guard", $8,100,000. PROCUREMENT PROCUREMENT OF EQUIPMENT AND MISSILES, ARMY

For an additional amount for "Procurement of equipment and missiles. Army", $2,465,000,000, to remain available until expended. P R O C U R E M E N T OF AIRCRAFT A N D M I S S I L E S, N A V Y

For an additional amount for "Procurement of aircraft and missiles, Navy", $764,500,000, to remain available until expended. OTHER P R O C U R E M E N T, NAVY

For an additional amount for "Other procurement. Navy", including purchase of not to exceed forty-six additional passenger motor vehicles, $607,500,000, to remain available until expended. P R O C U R E M E N T, M A R I N E CORPS

For an additional amount for "Procurement, Marine Corps", .%16,600,000, to remain available until expended. AIRCRAFT P R O C U R E M E N T, AIR FORCE

For an additional amount for "Aircraft procurement. Air Force", $1,585,700,000, to remain available until expended. M I S S I L E P R O C U R E M E N T, AIR FORCE

For an additional amount for "Missile procurement. Air Force", $63,700,000, to remain available until expended.

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 80

STAT.]

PUBLIC LAW 89-374-MAR. 25, 1966

81

OTHER PROCUREMENT, AIR FORCE

For an additional amount for "Other procurement^ Air Force", including purchase of not to exceed one hundred and sixty-four passenger motor vehicles for replacement only, $1,016,400,000, to remain available until expended. KESEARCH, DEVELOPMENT, TEST, AND EVALUATION RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, ARMY

For an additional amount for "Research, development, test, and evaluation. Army", $27,995,000, to remain available until expended. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, NAVY

For an additional amount for "Research, development, test, and evaluation. Navy", $52,570,000, to remain available until expended. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, AIR FORCE

For an additional amount for "Research, development, test, and evaluation, Air Force", $71,085,000, to remain available until expended. MILITARY

CONSTRUCTION

MILITARY C O N S T R U C T I O N, ARMY

For an additional amount for "Military construction. Army", $509,700,000, to remain available until expended. MILITARY CONSTRUCTION, NAVY

For an additional amount for "Military construction. Navy", $254,600,000, to remain available until expended, MILITARY CONSTRUCTION, AIR FORCE

For an additional amount for "Military construction. Air Force", $274,100,000, to remain available until expended. MILITARY CONSTRUCTION, DEFENSE AGENCIES

For an additional amount for "Military construction. Defense agencies", $200,000,000, to remain available until expended.

FUNDS APPROPRIATED TO THE PRESIDENT MILITARY ASSISTANCE

For an additional amount for "Military assistance", for liquidation of obligations incurred pursuant to the authority in section 510 of the Foreign Assistance Act of 1961, as amended, $375,000,000. ECONOMIC ASSISTANCE SUPPORTING A S S I S T A N C E

For an additional amount for "Supporting assistance", $315,000,000.

75 Stat. 43 7. 22 USC 2318.

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PUBLIC LAW 89-375-MAR. 26, 1966

[80 STAT.

C O N T I N G E N C Y F U N D, GENERAL

For an additional amount for "Contingency fund, $100,000,000. GENEEAL PROVISIONS Working c a p i t a l funds. 76 Stat. 521.

Funds, availability for Vietnamese forces, e t c.

Report to cong r e s s i o n a l committees.

79 Stat. 874.

general",

SEC. 101. During the current fiscal year, cash balances in working capital funds of the Department of Defense established pursuant to 10 U. S. C 2208 may be maintained in only such amounts as are necessary at any time for cash disbursements to be made from such funds: Provided, That transfers may be made between such funds in such amounts as may be determined by the Secretary of Defense, with the approval of the Bureau of the Budget. SEC. 102. (a) Appropriations available to the Department of Defense during the fiscal year 1966 shall be available for their stated purposes to support Vietnamese and other Free World Forces in Vietnam and for related costs on such terms and conditions as the Secretary of Defense may determine: Provided, That unexpended balances, as determined by the Secretary of Defense, of funds heretofore allocated or transferred by the President to the Secretary of Defense for military assistance to support Vietnamese and other Free World Forces in Vietnam shall be transferred to any appropriation available to the Department of Defense for military functions (including construction), to be merged with and to be available for the same purposes and for the same time period as the appropriation to which transferred. (b) Within thirty days after the end of each quarter, the Secretary of Defense shall render to the Committees on Armed Services and Appropriations of the House of Representatives and the Senate a report with respect to the estimated value by purpose, by country, of support furnished from such appropriations. SEC. 103. Section 606 of the Department of Defense Appropriation Act, 1966, is amended by deleting the period at the end thereof and inserting the following: ", and the cost of milk so purchased, as determined by the Secretary of Defense, shall be included in the value of the commuted ration." SEC. 104. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. Approved March 25, 1966. •;-.:,,;;, -

Public Law 89-375 March 26, 1966 [S.2614]

A l a s k a Purchase Centennial.

AN ACT To provide for Unitetl States participation in the 1967 statewide celebration of the centennial of the Alaska Purchase. Be it enacted by the Senate and House of Representatives of the Lnlted States of America in Congress assembled, That, in recognition of the national and international significance of the purchase of Alaska by the United States from Russia in 1867, the Congress hereby declares that it is the purpose of this Act to provide for appropriate United States participation in the statewide 1967 centennial celebration, jointly with the State of Alaska, through industrial, agricultural, educational, research, or commercial projects, or facilities which contribute to the celebration and result in an enduring symbol of the ^significance to the United States of its purchase of Alaska in 1867 and a permanent contribution to the economy of Alaska.

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SEC. 2. (a) The Secretary of Commerce (hereinafter in this Act referred to as the "Secretary") is authorized to make grants to the State of Alaska, for use by the State, its political subdivisions, municipalities, or public or private nonprofit corporations to defray no more than one-half of the costs of pro3ects planned to support initially the 1967 Alaska Centennial as an event of national interest. Such projects shall be eligible for grants only after they are approved by such department of the State of Alaska as shall be designated for such purpose by the Governor of the State of Alaska. I n accord with the purposes of this Act, the Secretary shall establish additional criteria to be met by such projects and shall promulgate regulations governing the submission and approval of applications. (b) It shall be a condition of the receipt of any grant for a project that recipient of such grant furnish adequate assurance to the Secretary of Labor that all laborers and mechanics employed by contractors or subcontractors on projects financed under this section shall be paid wages at not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-5). The Secretary of Labor shall have, with respect to the labor standards specified in this provision the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267; 5 U.S.C. 133z-15), and section 2 of the Act of June 13^ 1934, as amended (48 Stat. 948, as amended; 40 U.S.C. 276 (c)). (c) There is hereby authorized to be appropriated for the purposes of this section not to exceed $4,000,000. Funds appropriated under this subsection shall remain available for expenditure until June 30, 1968. SEC. 3. (a) The Secretary may provide for appropriate participation by the United States in ceremonies and exhibits which are a part of the centennial celebration, whenever the national or international >ignificance of any event of the centennial celebration will be enhanced by such United States participation. (b) In carrying out the purposes of this section, the Secretary (1) provide for the display of Federal exhibits at one or more sites in the State of Alaska in buildings or structures furnished to the United States, during the period of the centennial celebration, except that the Secretary may utilize United States-owned mobile geodesic-domed exhibition buildings or structures erected on land owned by the State of Alaska or any political subdivision thereof and furnished to the United States, without cost, during the period of the centennial celebration; (2) incur such expenses as may be necessary to carry out the purposes of this section, including but not limited to expenditures involved in the selection, purchase, rental, construction, and other acquisition of exhibits and materials and equipment therefor and the actual display thereof, and including but not limited to related expenditures for costs of landscaping, transportation, insurance, installation, safekeeping, maintenance and operation, and dismantling; (3) enter into such contracts as may be necessary to provide for United States participation in appropriate ceremonies and exhibits which are a part of the centennial celebration; (4) appoint such persons as he deems to be necessary to carry out the provisions of this section, except that no person appointed under this paragraph shall receive compensation from the United

Project grants.

Regulations,

49 Stat. 1011.

40 USC 276c. Appropriation.

Federal exhibits.

Expenditures.

Contracts.

Appointments.

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States at a rate in excess of that received by persons under the Classification Act of 1949 for performing comparable duties; noteV"" (5) procure services as authorized by section 15 of the Admin60 Stat. 810. istrative Expenses Act of 1946, as amended (6 U.S.C. 55a), but at rates for mdividuals not to exceed $75 per diem when actually employed; and Gifts, etc. (6) accept any gifts, donations, or devises, or loans other than of money, to be used in carrying out the purposes of this section. (c) I n determining the exhibits to be installed by the United States during the centennial celebration and in selecting the site or sites in the State of Alaska for such exhibits, the Secretary shall consult with the Alaska State Centennial Commission. Federal cooper(d) The head of each department, agency, or instrumentality of the ation. Federal Government is authorized— (1) to cooperate with the Secretary with respect to United States participation in the ceremonial aspects of the centennial celebration; and (2) to make available to the Secretary from time to time, such personnel as may be necessary to assist the Secretary in carrying out his functions under this section. Appropriation. ^g^ Thcre are hereby authorized to be appropriated for the purposes of this section not to exceed $600,000. Report to Congj,(j 4 'pj^g Secretary shall report to the Congress within six months gress. after the date of the official close of the centennial celebration concerning the activities of the Federal Government pursuant to this Act, including a detailed statement of expenditures. Upon transmission of such report to the Congress, all appointments made under this Act shall terminate. Approvsed March 26, 1966. Post, p. 288. ^ u s e 1071 5

Public Law 89-376 March 26, 1966 [H. R. 3584]

Mine''sIf^ety°Ait Amendments of 19^5.

55 Stat. 177. 30 USC 451

note." " " '

66 Stat. 707. 30 USC 479.

^'^ ACT To amend the Federal Coal Mine Safety Act so as to provide further for the prevention of accidents in coal mines.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Federal Coal Mine Safety Act Amendments of 1965". SEC. 2. (a) Subsection (b) of section 201 of the Federal Coal Mine Safety Act (66 Stat. 693; 30 U.S.C. 471 (b)) is repealed. (b) For a period of six months following the month during which this Act becomes effective, the amendments made by section 3 of this Act to the Federal Coal Mine Safety Act shall not apply to any mine in which on the effective date of this Act no more than fourteen individuals are regularly employed underground, except that the amendments made by subsections (c) and (d) of such section shall become effective on the date of enactment of this Act. (c) For a period of six months following the month during which this Act becomes effective, paragraph (5) of subsection (h) of section 209 of the Federal Coal Mine Safety Act shall not apply to any mine in which on the effective date of this Act (1) no more than fourteen individuals are regularly employed underground and (2) the storage, handling, or use of black powder is expressly permitted by a statute of the State in which such mine is located.

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SEC. 3. (a) Section 203 of the Federal Coal Mine Safety Act (66 Stat. 694; 30 U.S.C. 473) is amended by adding a new subsection (d) and a new subsection (e), reading as follows, and by redesignating present subsections (d), (e), and (f) as subsections (f), (g), and (h), respectively, and by amending those subsections to read as follows: " (d)(1) If a duly authorized representative of the Bureau, upon ^^^^5^^^"°^^ ^"'^ making an inspection of a mine as authorized in section 202', finds that mi'nes.^'' any provision of section 209 is being violated, and if he also finds that, so use 472. while the conditions created by such violation do not cause danger that a mine explosion, mine fire, mine inundation, or man-trip or manhoist accident will occur in such mine immediately or before the imminence of such danger can be eliminated, such violation is of such nature as could significantly and substantially contribute to the cause or effect of a mine explosion, mine fire, mine inundation, or man-trip or manhoist accident, and if he finds such violation to be caused by an unwarrantable failure of such operator to comply with the provisions of section 209, he shall include such finding in the notice given to the operator under subsection (b) of this section. Within ninety days of the time such notice was given to such operator, the Bureau shall cause such mine to be reinspected to determine if any similar such violation exists in such mine. Such reinspection shall be in addition to any special inspection required under section 203 or section 206. If, ^^ ^^^ '*^''during any special inspection relating to such violation or during such reinspection, a representative of the Bureau finds such similar violation does exist, and if he finds such violation to be caused by an unwarrantable failure of such operator to comply with the provisions of section 209, he shall forthwith issue an order requiring the operator to cause all persons in the area affected by such violation, except those persons referred to in paragraph (3) of this subsection, to be withdrawn from, and to be debarred from entering, such area. Such find- ^rdi"'^'"^ ^""^ ing and order shall state the provision or provisions of section 209 which have been violated and shall contain a detailed description of the conditions which such representative finds cause and constitute such violation, and a description of the area from which persons must be withdrawn and debarred. The representative of the Bureau shall promptly thereafter advise the Director in writing of his findings and his action. "(2) If a withdrawal order with respect to any area in a mine has d eWithdrawal orrs. been issued pursuant to paragraph (1) of this subsection, thereafter a withdrawal order shall promptly be issued by a duly authorized representative of the Bureau who finds upon any following inspection the existence in such mine of violations similar to those that resulted in the issuance of the withdrawal order under paragraph (1) of this subsection until such time as an inspection of such mine discloses no similar violations. Following an inspection of such mine which discloses no similar violations, the provisions of paragraph (1) of this subsection shall again be applicable to that mine. "(3) No order issued under paragraphs (1) or (2) of this subsection shall require any of the following persons to be withdrawn from, or to be debarred from entering, the area described in the order: (A) Any person whose presence in such area is necessary, in the judgment of the operator of the mine, to abate the violation described in the order; (B) any public official whose official duties require him to enter such area; or (C) any legal or technical consultant or any representative of the employees of the mine, who is a certified person qualified to

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Methane. 30 USC 47 2.

30 USC 479. Notice to State agency.

Inspection and report.

e o n c u r r e n c e of State inspector.

Independent inspector, appointment.

[80 STAT.

make mine examinations, or is accompanied by such a person, and whose presence in such area is necessary, in the judgment of the operator of the mine, for the proper investigation of the conditions described in the order. "(e) Except as provided in subsection (g) of this section an order issued under subsection (c) or (d) of this section may be annulled, canceled, or revised by the duly authorized representative of the Bureau who issued such order or any other duly authorized representative of the Bureau. "(f) If a duly authorized representative of the Bureau, upon making an inspection of a mine, as authorized in section 202, nnds that methane has been ignited in such mine or finds methane by use of a permissible flame safety lamp or by air analysis in an amount of 0.25 per centum or more in any open workings of such mine when tested at a point not less than twelve inches from the roof, face, or rib, he shall make an order requiring the operator of such mine to comply with the provisions of section 209 of this title which pertain to gassy mines, in the operation of such mine. " (g)(1) If an order is made pursuant to subsection (a) of this section, and a State inspector did not participate in the inspection on which such order is based, the duly authorized representative of the Bureau who issued the order shall notify the State mine inspection or safety agency immediately, but not later than twenty-four hours after the issuance of such order, that such order has been issued. Following such order the operator of the mine may immediately request the State mine inspection or safety agency to assign a State inspector to inspect the mine. The State agency shall then promptly assign a State inspector to inspect the mine affected by such order and file an inspection report with the Bureau and the State agency. The order of the duly authorized representative of the Bureau shall remain in effect, but shall immediately be subject to review as provided in this title. "(2) No order shall be made pursuant to subsection (c) or (d) of this section with respect to a mine in a State in which a State plan approved under section 202(b) is in effect unless a State inspector participated in the inspection on which such order is based and concurs m such order, or an independent inspector appointed under paragraph (3) of this subsection concurs in such order. If the State inspector does not concur in such order, the operator of the mine, the duly authorized representative of the Bureau who proposes to make such order, or the State inspector may apply, within twenty-four hours after the completion of the inspection involved, for the appointment of an independent inspector under paragraph (3). Within five days after the date of his appointment, the independent inspector shall inspect the mine. The representative of the Bureau and the State inspector shall be given the opportunity to accompany the independent inspector during such inspection. If, after such inspection is completed, either the independent inspector or the State inspector concurs m the order, it shall be issued. "(3) Within five days after the date of receipt of an application under paragraph (2) of this subsection, the chief judge of the United States district court for the district in which the mine is involved is located (or in his absence, the clerk of such court) shall appoint a graduate engineer with experience in the coal-mining industry to serve

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as an independent inspector under this subsection. Each independent inspector so appointed shall be compensated at the rate of $50 for each day of actual service (including each day he is traveling on official business) and shall, notwithstanding the Travel Expense Act of 1949, 5 USC fgasnote. be fully reimbursed for traveling, subsistence, and related expenses. "(4) An order made pursuant to subsection (a) or (c) or (d) of this section with respect to a mine in a State in which a State plan approved under section 202(b) is in effect shall not be subject to ^° "^*^ '^'^'^• review under section 206, but shall be subject to review under section ^o use 476,477. 207. " (h) Notice of each finding and order made under this section ^'^"at''^ *° "'"^ shall promptly be given to the operator of the mine to which it per- °^^ ^ °^' tains, W the person making such finding or order." (b) Section 202 of the Federal Coal Mine Safety Act (66 Stat. 693; 30 U.S.C. 472) is amended as follows: (1) Subsection (a) is amended by striking out the reference to "section 203(d)" and inserting in lieu thereof "section 203(f)"; and by striking out the reference to "section 203(c)" and inserting in lieu thereof "section 203(c) and (d) ". (2) Subsection (b)(2)(C) is amended by striking out the reference to "section 2 0 3 (e)(1) " and inserting in lieu thereof "section 203(g)(1)". (3) Subsection (c) is amended by striking out the reference to "section 203(e)(3) " and inserting in lieu thereof "section 203(g)(3)". (c) Subsections (a), (b), (c), and (d) of section 205 of the Federal Coal Mine Safety Act (66 Stat. 697; 30 U.S.C. 475) are amended to read as follows: " (a) The Federal Coal Mine Safety Board of Eeview is hereby ^^^1^"^°^^^' continued as an agency of the United States, except that the Board Appointment by shall consist of five members, instead of three members, who shall President. be appointed by the President, by and with the advice and consent of the Senate. "(b) The terms of office of members of the Board shall be five years, except that— "(1) the terms of office of members in office on the date of enactment of the Federal Coal Mine Safety Act Amendments of 1965, shall expire on the date originally fixed for their expiration, "(2) the term of office of one of the members appointed to fill a vacany resulting from the enactment of the Federal Coal Mine Safety Act Amendments of 1965 shall expire July 15, 1969,, and the term of office of the member appointed to fill the other vacancy resulting therefrom shall expire July 15, 1970, and "(3) a vacancjy caused by the death, resignation, or removal of a member prior to the expiration of the term for which he was appointed shall be appointed only for the remainder of such unexpired term. The members of the Board may be removed by the President for inefficiency, neglect of duty, or malfe^asance in office. "(c) Each member of the Board shall be compensated at the rate of $60 for each day of actual service (including each day he is traveling on official business) and shall, notwithstanding the Travel Expense Act of 1949, be fully reimbursed for traveling, subsistence, and other ^^ Stat. 166. related expenses. The Board, at all times, shall consist of one person gi^ufSons' who by reason of previous training and experience may reasonably of certain Board be said to represent the viewpoint of operators of coal mines employing members. fourteen or fewer employees underground (hereinafter referred to as 'small mine operators representative'), one person who by reason of previous training and experience may reasonably be said to rep-

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resent the viewpoint of operators of coal mines employing fifteen or more employees underground (hereinafter referred to as the 'large mine operators representative'), one person who by reason of previous training and experience may reasonably be said to represent the viewpoint of coal mine workers in mines employing fourteen or fewer employees underground (hereinafter referred to as the 'small mine workers representative'), one person who by reason of previous training and experience may reasonably be said to represent the viewpoint of coal mine workers in mines employing fifteen or more employees underground (hereinafter referred to as the 'large mine workers representative'), and one person who shall be chairman of the Board, who shall be a graduate engineer with experience in the coal mining industry or shall have had at least five years' experience as a practical mining engineer in the coal mining industry, and who shall not, within one year of his appointment as a member of the Board, have had a pecuniary interest in, or have been regularly employed or engaged in, the mining of coal, or have regularly represented either coal mine operators or coal mine workers, or have been an officer or employee of the Department of the Interior assigned to duty in the Bureau. Principal office. u^^'j rpj^^ principal office of the Board shall be in the District of Columbia. Whenever the convenience of the public or of the parties may be promoted, or delay or expense may be minimized, the Board may hold hearings or conduct other proceedings at any other place. At the request of an operator of a mine the Board shall hold hearings or conduct other proceedings at the county seat of the county in which the mine is located or at any place mutually agreed to by the chairman of the Board and the operator of the mine involved in the appeal or ^^^^' proceeding. The Board shall have an official seal which shall be judicially noticed and which shall be preserved in the custody of the secretary of the Board." 30 USC 475. ^^^ Subsection (f) of section 205 of such Act is amended to read as follows: Quorum. " (f) Three members of the Board shall constitute a quorum, and official action can be taken only on the affirmative vote of at least three members, except that in any official action involving mines in which no more than fourteen individuals are regularly employed underground the participation of the small mine operators' representative and small mine workers' representative shall be required, and in any official action involving mines in which more than fourteen individuals are regularly employed underground the participation of the large mine operators' representative and large mine workers' representative shall oe required; but a special panel composed of one or more members, upon order of the Board, shall conduct any hearing 30 USC 477. provided for in section 207 of this title and submit the transcript of such hearing to the entire Board of its action thereon. Such transcript shall be made available to the parties prior to any final action of the Board. An opportunity to appear before the Board shall be afforded the parties prior to any final action and the Board may afford the parties an opportunity to submit additional evidence as may be inflrmlu^n"^ °^ required for a full and true disclosure of the facts. Every official orma ion. ^^^ ^^ ^^^ Board shall be entered of record, and its hearings and records thereof shall be open to the public." (e) Section 206 of the Federal Coal Mine Safety Act (66 Stat. 699; 30 U.S.C. 476) is amended as follows: (1) Subsection (a) is amended by striking out the reference to "section 203(e)(4) " and inserting in lieu thereof "section 203(g)(4)".

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(2] Subsection (b) is amended by striking out the reference to "section 203(e)(4) " and inserting in lieu thereof "section 203(g)(4)". (3) A new subsection (c), reading as follows, is added and present subsections (c), (d), (e), and (f) are redesignated as subsections (d), (e), (f), and (g), respectively, and are amended to read as follows: "(c) Except as provided in section 203(g)(4), an operator notified ^J^^^^^^i^°^/°'' of an order made pursuant to section 203(d) may apply to the Director viTiTof' ordJr! for annulment or revision of such order. Upon receipt of such appli- ^"'e, p. ss. cation the Director shall make a special inspection of the mine affected by such order, or cause three duly authorized representatives of the Bureau, other than the representative who made such order, to make such inspection of such mine and report thereon to him. Upon making such special inspection himself, or up^on receiving the report of such inspection made by such representatives, the Director shall find whether or not there was a violation of section- 209 as described ^o use 479. in such order, at the time of the making of such order. If he finds there was no such violation he shall make an order annulling the order under review. If he finds there was such a violation he shall also find whether or not such violation was totally abated at the time of the making of such special inspection. If he finds that such violation was totally abated at such time, he shall make an order annulling the order under review. If he finds that such violation was not totally abated at such time, he shall find the extent of the area of such mine which was affected by such violation at the time such special inspection was made, and he shall then make an order, consistent with his findings, affirming or revising the order under review. " (d) An operator notified of an order made pursuant to section 203(f) may apply, not later than twenty days after the receipt of '^"'^' P- ^^• notice of such order, to the Director for annulment of such order. Upon receipt of such application the Director shall make or cause to be made such investigation as he deems necessary. Upon concluding his investigation or upon receiving the report of such investigation made at his direction, the Director shall find whether or not methane has been i^iited in such mine, or whether or not methane was found in such mine in an amount of 0.25 per centum or more in any open workings of such mine, when tested at a point not less than twelve inches from the roof, face, or rib, at the time of the making of such order. If he finds that methane has not been ignited in such mine and was not found in such mine as set out in such order, he shall make an order annulling the order under review. It he finds that methane has been ignited in such mine or was found in such mine as set out in the order under review, he shall make an order denying such application. " (e) The Director shall cause notice of each finding and order made ^^„°*^^" *° '"'"^ operator. under this section to be given promptly to the operator of the mine to """" ' which it pertains. " (f) Except as provided in section 203(g)(4), at any time while an order made pursuant to section 203 or this section is in effect, or any time during the pendency of a proceeding under section 207 or section 208 seeking annulment or revision of such order, the operator of the mine affected by such order may apply to the Director for annulment or revision of such order. The Director shall thereupon proceed to act upon such application in the manner provided in subsections (a), (b), (c) or (d) of this section. " (g) I n view of the urgent need for prompt decision of matters submitted to the Director under this section, all actions which the

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Director or his representatives are required to take under this section shall be taken as rapidly as practicable, consistent with adequate consideration of the issues involved." (f) Section 207 of the Federal Coal Mine Safety Act (66 Stat. 700; as amended 74 Stat. 201; 30 U.S.C. 477) is amended as follows: (1) Subsection (a) is amended by striking out the reference to "subsection (a), (c) or (d) " and inserting in lieu thereof "subsection (a), (c), (d) or (f) "; by striking out the reference to "subsection (d) " and inserting in lieu thereof "subsection (f) "; and by striking out the reference to "subsection (c) " and inserting in lieu thereof "subsection (2) A new subsection (h), reading as follows, is inserted and present subsections (h), (i), and (j) are redesignated as subsections (i), (j), and (k), respectively, and are amended to read as follows: Board findings. ^^ (h) If the procecding is one in which an operator seeks annulment or revision of an order made pursuant to section 203(d), the Board, upon conclusion of the hearing, shall find whether or not there was 30 USC 479. .^ violation of section 209, as described in such order, at the time of the making of such order. If the Board finds there was no such violation, the Board shall make an order annulling the order under review. If the Board finds there was such a violation, the Board shall also find whether or not such violation was totally abated at the time of the filing of the operator's application. If the Board finds that such violation was totally abated at such time, the Board shall make an order annulling the order under review. If the Board finds that such violation was not totally abated at such time, the Board shall find the extent of the area of such mine which was affected by such violation at such time, and shall make an order, consistent with its findings, affirming or revising the order under review, "(i) If the proceeding is one in which an operator seeks annulment Ante,pp.85,89. of an Order made pursuant to section 203(f) or 206(d), the Board, upon conclusion of the hearing, shall find whether or not methane has been ignited in such mine or was found in such mine in an amount of 0.25 per centum or more in any open workings of such mine when tested at a point not less than twelve inches from the roof, face, or rib, as set out in such order. If the Board finds that methane has not been ignited in such mine and was not found in such mine as set out in such order, the Board shall make an order annulling the order under review. If the Board finds that methane has been ignited in such mine or was found in such mine as set out in the order under review, the Board shall make an order denying such application. " (j) Each finding and order made by the Board shall be in writing. I t shall show the date on which it is made, and shall bear the signatures of the members of the Board who concur therein. Upon making a finding and order the Board shall cause a true copy thereof to be sent by registered mail or by certified mail to all parties or their attorneys of record. The Board shall cause each such finding and order to be entered on its official record, together with any written opinion prepared by any members in support of, or dissenting from, any such finding or order. Ne^ed for prompt «^j^^ j ^ ^ ^^^^ ^£ ^j^^ urgcut uccd for prompt decision of matters action. submitted to the Board under this section, all actions which the Board is required to take under this section shall be taken as rapidly as practicable, consistent with adequate consideration of the issues involved."

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PUBLIC LAW 89-376-MAR. 26, 1966

SEC. 4. Subsection (d) of section 210 of the Federal Coal Mine Safety Act (66 Stat. 708; 30 U.S.C. 480(d)) is amended by striking out the reference to "section 203(e)(3) " and inserting in lieu thereof "section 203(g)(3)". SEC. 5. Section 212 of the Federal Coal Mine Safety Act (66 Stat. 709; 30 U.S.C. 482) is amended by adding at the end thereof the following new subsections: " (d) For the promotion of sound and effective coordination of Federal and State activities within the field covered by this Act, to eliminate duplication of effort and expense, and to secure effective enforcement of the coal mine safety requirements established by this title, the director shall affirmatively and diligently seek to cooperate with the mine inspection or safety agencies of the several States, through formal agreement or otherwise, in the enforcement of the provisions of this title. "(e)(1) The Secretary of the Interior shall enlarge and intensify the educational programs of the Bureau of Mines with respect to the advancement of health and safety in coal mines. "(2) The Secretary of the Interior may also make grants to States to assist them in planning and implementing programs for the advancement of health and safety in coal mines. The amount granted any State for a fiscal year under this paragraph may not exceed 50 per centum of the amount expended Inr such State in such year for carrying out such programs and no one State may be granted an amount in a fiscal year which exceeds 15 per centum of the aggregate amount granted all States for that year. There is hereby authorized to be appropriated for the fiscal year ending June 30, 1966, and each of the succeeding fiscal years for carrying out this paragraph, the sum of $500,000." SEC. 6. The Secretary of the Interior shall conduct a special study to determine the sufficiency of the present safety requirements of the Federal Coal Mine Safety Act, with particular emphasis upon the requirements relative to roof support, ventilation, and electrical equipment. The Secretary of the Interior shall make a report to the Congress on the results of such study, together with his recommendations, within one year after the enactment of this Act. SEC. 7. (a) The Secretary of the Interior shall, as soon as feasible after the enactment of this Act, convene one or more conferences for the purpose of enabling those persons affected by this Act to become familiar with its provisions, particularly the enforcement provisions of section 209. The Secretary shall invite the participation in such conference or conferences of (1) mine safety experts of the Department of the Interior, (2) representatives of the appropriate State mine inspection or safety agencies, (3) representatives of owners and operators of all classes and categories of coal mines, (4) individuals or representatives of individuals employed in all classes and categories of coal mines, and (5) such other experts as he deems advisable. (b) The Secretary of the Interior shall, upon the enactment of this Act, immediately provide the operator of each mine subject to inspection as authorized by section 202 with a copy of the form used in coal mine inspections by agents of the Bureau of Mines, clearly indicating the enforceable provisions of the Federal Coal Mine Safety Act. Such information should be in such form as would be readily comprehensible and shall include a complete description of the procedures available to an operator to seek the annulment or revision of an order 6f an agent of the Bureau of Mines. Nothing in this section shall be construed as iuithorizing the Secretary to modify the provisions of the .Vet. Approved March 26, 1966.

Federal and State cooperation.

Educational programs. Grants to States.

Appropriation.

Study. 30 USC 479. Report to Congress. Conferences.

Forms u s e d in inspections.

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