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[79 STAT.

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, DEFENSE AGENCIES

Transfer of funds.

For expenses of activities and agencies of the Department of Defense (other than the military departments and the Office of Civil Defense), necessary for basic and applied scientific research, development, test, and evaluation; advanced research projects as may be designated and determined by the Secretary of Defense, pursuant to law; maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law, to remain available until expended; $495,000,000; Provided, That such amounts as may be determined by the Secretary of Defense to have been made available in other appropriations available to the Department of Defense during the current fiscal year for programs related to advanced research may be transferred to and merged with this appropriation to be available for the same purposes and time period: Provided fwrther^ That such amounts of this appropriation as may be determined by the Secretary of Defense may be transferred to carry out the purposes of advanced research to those appropriations for military functions under the Department of Defense which are being utilized for related programs, to be merged with and to be available for the same time period as the appropriation to which transferred, and not to exceed $1,000,000 may be transferred to the appropriation for "Salaries and expenses," Coast and Geodetic Survey, Department of Commerce, fiscal year 1966, for the expenses of the Worldwide Seismological Network Program. EMERGENCY FUND, DEFENSE

Restriction.

For transfer by the Secretary of Defense, with the approval of the Bureau of the Budget, to any appropriation for military functions under the Department of Defense available for research, development, test, and evaluation, iOr procurement or production related thereto, to be merged with and to be available for the same purposes, and for the same time period, as the appropriation to which transferred; $125,000,000, and, in addition, not to exceed $150,000,000, to b© used upon determination by the Secretary of Defense that such funds can be wisely, profitably, and practically used in the interest of national defense and to be derived by transfer from such appropriations available to the Department of Defense for obligation during the current fiscal year as the Secretary of Defense may designate: Provided, That any appropriations transferred shall not exceed 7 per centum of the appropriation from which transferred. TITLE V—EMERGENCY FUND, SOUTHEAST ASIA DEPARTMENT OF DEFENSE EMERGENCY FUND, SOUTHEAST ASIA

Ante, p. 128. 70A Stat. 269, 590.

For transfer by the Secretary of Defense, upon determination by the President that such action is necessary in connection with military activities in southeast Asia, to any appropriation available to the Department of Defense for military functions, to be merged with and to be available for the same purposes, and for the same time period as the appropriation to which transferred, $1,700,000,000, to remain available until expended: Provided, That transfers under this authority may be made and funds utilized, without regard to the provisions of subsection (b) of section 412 of Public Law 86-149, as amended, 10 U.S.C. 4774(d), 10 U.S.C. 9774(d), section 355 of the Revised Statutes, as amended (40 U.S.C. 255), and 41 U.S.C. 12.

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TITLE VI GENERAL PROVISIONS SEC. 601. During the current fiscal year, the Secretary of Defense ^^^^^^^^ '"•''°"" and the Secretaries of the Army, Navy, and Air Force, respectively, ^" if they should deem it advantageous to the national defense, and if in their opinions the existing facilities of the Department of Defense are inadequate, are authorized to procure services in accordance with section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), under regula- ^^ ^'^'- ^' m o tions prescribed by the Secretary of Defense, and to pay in connection therewith travel expenses of individuals, including actual transportation and per diem in lieu of subsistence while traveling from their homes or places of business to oiRcial duty station and return as may be authorized by law: Provided, That such contracts may be renewed annually. SEC. 602. During the current fiscal year, provisions of law pro- ^^P^"^^,^"* °^ hibitin^ the payment of compensation to, or employment of, any person """"^ '''^"'" not a citizen of the United States shall not apply to personnel of the Department of Defense. SEC. 603. Appropriations contained in this Act shall be available ^J^^^^l^^^ltl^s^^ for insurance of official motor vehicles in foreign countries, when required by laws of such countries; payments in advance of expenses determined by the investigating officer to be necessary and in accord with local custom for conducting investigations in foreign countries incident to matters relating to the activities of the department concerned: reimbursement of General Services Administration for security guard services for protection of confidential files; reimbursement of the Federal Bureau of Investigation for expenses in connection with investigation of defense contractor personnel; and all necessary expenses, at the seat of government of the United States of America or elsewhere, in connection with communication and other services and supplies as may be necessary to carry out the purposes of this Act: Provided, That no appropriation contained in this Act, and no funds Restriction. available from prior appropriations to component departments and agencies of the Department of Defense, shall be used to pay tuition or to make other payments to educational institutions in connection with the instruction or training of file clerks, stenographers, and typists receiving, or prospective file clerks, stenographers, and typists who will receive compensation at a rate below the minimum rate of pay for positions allocated to grade GS-5 under the Classification Act of 1949, as amended. ^°*'' p- ^^^iSEC. 604. Any appropriation available to the Army, Navy, or the ^f/'g""^*^" °^ Air Force may, under such regulations as the Secretary concerned may ^^''' prescribe, be used for expenses incident to the maintenance, pay, and allowances of prisoners of war, other persons in Army, Navy, or Air Force custody whose status is determined by the Secretary concerned to be similar to prisoners of war, and persons detained in such custody pursuant to Presidential proclamation. SEC. 605. Appropriations available to the Department of Defense. '-^"'^ acquisifor the current fiscal year for maintenance or construction shall be *'°"' available for acquisition of land as authorized by section 2672 of title 10, United States Code. ^ eltar'" 'i'*^^' SEC. 606. Appropriations for the Department of Defense for the Dep^endliIts' current fiscal year shall be available, (a) except as authorized by the schooling. Act of September 30, 1950 (20 U.S.C. 236-244), for primary and sec- ^4 Stat. i loo; ondary schooling for minor dependents of military and civilian per- ^"'^' ^' ^'^' sonnel of the Department of Defense residing on military or naval installations or stationed in foreign countries, as authorized for the Navy by section 7204 of title 10, United States Code, in amounts not ^OA Stat. 442. 49-850 0-66—58

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Occupied areas. Rewards. 70A Stat, 444. Deficiency judgments. Special purpose Space.

56 Stat. 654. To o l s, maintenance. A c c e s s roads. 72 Stat. 908. Milk program. 68 Stat. 900. Articles for prisoners, etc.

70A Stat. 443.

Assistance to small b u s i n e s s.

Mess operations,

PUBLIC LAW 89-213-SEPT. 29, 1965

[79 STAT.

exceeding an average of $455 per student, when the Secretary of the Department concerned finds that schools, if any, available in the locality, are unable to provide adequately for the education of such dependents: Provided, That the foregoing amount may be exceeded to the extent necessary to provide for any increase in tuition payments required by law to oe made to the Canal Zone Government during the current fiscal year; (b) for expenses in connection with administration of occupied areas; (c) for payment of rewards as authorized for the Navy by section 7209(a) of title 10, United States Code, for information leading to the discovery of missing naval property or the recovery thereof; (d^ for payment of deficiency judgments and interests thereon arising out or condemnation proceedings; (e) for leasing of buildings and facilities including payment of rentals for special purpose space at the seat of government and, in the conduct of field exercises and maneuvers or, in administering the provisions of 43 U.S.C. 315q, rentals may be paid in advance; (f) payments under contracts for maintenance of tools and facilities for twelve months beginning at any time during the fiscal year; (g) maintenance of Defense access roads certified as important to national defense in accordance with section 210 of title 23, United States Code; (h) for the purchase of milk for enlisted personnel of the Department of Defense heretofore made available pursuant to section 1446a, title 7, United States Code. SEC. 607. Appropriations for the Department of Defense for the current fiscal year shall be available for: (a) donations of not to exceed $25 to each prisoner upon each release from confinement in military or contract prison and to each person discharged for fraudulent enlistment; (b) authorized issues of articles to prisoners, applicants for enlistment and persons in military custody; (c) subsistence of selective service registrants called for induction, applicants for enlistment, prisoners, civilian employees as authorized by law, and supernumeraries when necessitated by emergent military circumstances; (d) reimbursement for subsistence of enlisted personnel while sick in hospitals; (e) expenses of prisoners confined m nonmilitary facilities; (f) military courts, boards, and commissions; (g) utility services for buildings erected at private cost, as authorized by law, and buildings on military reservations authorized by regulations to be used for welfare and recreational purposes; (h) exchange fees, and losses in the accounts of disbursing officers or agents in accordance with law; (i) expenses of Latin-American cooperation as authorized for the Navy by law (10 U.S.C. 7208); and (j) expenses of apprehension and delivery of deserters, prisoners, and members absent without leave, including payment of rewards of not to exceed $25 in any one case. SEC. 608. Insofar as practicable, the Secretary of Defense shall assist American small business to participate equitably in the furnishing of commodities and services financed with funds appropriated under this Act by making available or causing to be made available to suppliers in the United States, and particularly to small independent enterprises, information, as far in advance as possible, with respect to purchases proposed to be financed with funds appropriated under this Act, and by making available or causing to be made available to purchasing and contracting agencies of the Department of Defense information as to commodities and services prcduced and furnished by small independent enterprises in the United States, and by otherwise helping to give small business an opportunity to participate in the furnishing of commodities and services financed with funds appropriated by this Act. SEC. 609. No appropriation contained in this Act shall be available for expenses of operation of messes (other than organized messes the

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operating expenses of which are financed principally from nonappropriated funds) at which meals are sold to officers or civilians except under regulations approved by the Secretary of Defense, which shall (except under unusual or extraordinary circumstances) establish rates for such meals sufficient to provide reimbursement of operating expenses and food costs to the appropriations concerned: Provided, That officers and civilians in a travel status recei\ang a per diem allowance in lieu of subsistence shall be charged at the rate of not less than $2.50 per d a y: Provided further, That for the purposes of this section payments for meals at the rates established hereunder may be made in cash or by deductions from the pay of civilian employees: Provided further, That members of organized nonprofit youth groups sponsored at either the national or local level, when extended the privilege of visiting a military installation and permitted to eat in the general mess by the commanding officer of the installation, shall pay the commuted ration cost of such meal or meals. SEC. 610. No part of any appropriation contained in this Act shall be available until expended unless expressly so provided elsewhere in this or some other appropriation Act. SEC. 611. Appropriations of the Department of Defense available appropr^auo'ni.^ for operation and maintenance, may be reimbursed during the current fiscal year for all expenses involved in the preparation for disposal and for the disposal of military supplies, equipment, and materiel, and for all expenses of production of lumber or timber products pursuant to section 2665 of title 10, United States Code, from amounts ^*^^ ^*^*' ^'^'^^ received as proceeds from the sale of any such property: Provided, gres^ona\°co^' That a report of receipts and disbursements under this limitation shall mittees. be made quarterly to the Committees on Appropriations of the Congress: Provided further, That no funds available to agencies of the I)epartment of Defense shall be used for the operation, acquisition, or construction of new facilities or equipment for new facilities in the continental limits of the United States for metal scrap baling or shearing or for melting or sweating aluminum scrap mil ess the Secretary of Defense or an Assistant Secretary of Defense designated by him determines, with respect to each facility involved, that the operation of such facility is in the national interest. SEC. 612. (a) During the current fiscal year, the President may of'^unds^^xem"* exempt appropriations, funds, and contract authorizations, available uon"" "' ''**'"^ for military functions under the Department of Defense, from the provisions of subsection (c) of section 3679 of the Revised Statutes, as amended, whenever he deems such action to be necessary in the 3i use 665. interests of national defense. (b) Upon determination by the President that such action is neces- expi'ns°es.^ "^*'* sary, the Secretary of Defense is authorized to provide for the cost of an airborne alert as an excepted expense in accordance with the provisions of Revised Statutes 3732 (41 U.S.C. 11). (c) Upon determination by the President that it is necessary to increased miuincrease the number of military personnel on active duty beyond the Ixpens^es?""*^' number for which funds are provided in this Act, the Secretary of Defense is authorized to provide for the cost of such increased military personnel, as an excepted expense in accordance with the provisions of Revised Statutes 3732 (41 U.S.C. 11). (d) The Secretary of Defense shall immediately advise the Com- Report to con. mittees on Appropriations of the Congress of the exercise of any mute^esr^ *^°"" authority granted in this section, and shall report monthly on the estimated obligations incurred pursuant to subsections (b) and (c). SEC. 613. No appropriation contained in this Act shall be available commissary in connection with the operation of commissary stores of the agencies ^*°'"^^" of the Department of Defense for the cost of purchase (including

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Proficiency flying.

76 Stat, 461 77 Stat. 215 216.

Household goods.

V e s s e l transfer.

Legal training, restriction.

Obligated funds, 1966.

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[79

STAT.

commercial transportation in the United States to the place of sale but excluding all transportation outside the United States) and maintenance of operating equipment and supplies, and for the actual or estimated cost of utilities as may be furnished by the Government and of shrinkage, spoilage, and pilferage of merchandise under the control of such commissary stores, except as authorized under regulations promulgated by the Secretaries of the military departments concerned, with the approval of the Secretary of Defense, which regulations shall provide for reimbursement therefor to the appropriations concerned and, notwithstanding any other provision of law, shall provide for the adjustment of the sales prices in such commissary stores to the extent necessary to furnish sufficient gross revenue from sales of commissary stores to make such reimbursement: Provided, That under such regulations as may be issued pursuant to this section all utilities may be furnished without cost to the commissary stores outside the continental United States and in Alaska: Provided further, That no appropriation contained in this Act shall be available in connection with the operation of commissary stores within the continental United States unless the Secretary of Defense has certified that items normally procured from commissary stores are not otherwise available at a reasonable distance and a reasonable price in satisfactory quality and quantity to the military and civilian employees of the Department of Defense. SEC. 614. Notwithstanding any other provision of law. Executive order, or regulation, no part of the appropriations in this Act shall be available for any expenses of operating aircraft under the jurisdiction of the Armed Forces for the purpose of proficiency flying excent in accordance with the regulations issued by the Secretaries of the Departments concerned and approved by the Secretary of Defense which shall establish proficiency standards and maximum and minimum flying hours for this purpose: Provided, That without regard to any provision of law or Executive order prescribing minimum flight requirements, such regulations may provide for the payment of flight pay at the rates prescribed in section 301 of title 37, United States Code, to certain members of the Armed Forces otherwise entitled to receive flight pay during the current fiscal year (1) who have held aeronautical ratings or designations for not less than fifteen years, or (2) whose particular assignment outside the United States or in Alaska makes it impractical to participate in regular aerial flights. SEC. 615. No part of any appropriation contained in this Act shall be available for expense of transportation, packing, crating, temporary storage, drayage, and unpacking of hoiisehold goods and personal effects in excess of eleven thousand pounds net in any one shinment. SEC. 616. Vessels under the jurisdiction of the Department of Commerce, the Department of the Army, Department of the Air Force, or the Department of the Navy may be transferred or otherwise made available without reimbursement to any such agencies upon the request of the head of one agency and the approval of the agency having jurisdiction of the vessels concerned. SEC. 617. None of the funds provided in this Act shall be available for training in any legal profession nor for the payment of tuition for training in such profession: Provided, That this limitation shall not apply to the off-duty training of military personnel as prescribed by section 621 of this Act. SEC. 618 Not more than 20 per centum of the appropriations in this Act which are limited for obligation during the current fiscal year shall be obligated during the last two months of the fiscal year: Provided, That this se^cion shall not apply to obligations for support of active duty training of civilian components or summer camp training of the Reserve Officers' Training Corps.

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Use of forei SEC. 619. During the current fiscal year the agencies of the Depart- real property. ^^^ °^ ^°'^^^" ment of Defense may accept the use of real property from foreign countries for the United States in accordance with mutual defense agreements or occupational arrangements and may accept services furnished by foreign countries as reciprocal international courtesies or as services customarily made available without charge; and such agencies may use the same for the support of the United States forces in such areas without specific appropriation therefor. I n addition to the foregoing, agencies of the Department of Defense may accept real property, services, and commodities from foreign countries for the use of the United States in accordance with mutual defense agreements or occupational arrangements and such agencies may use the same for the support of the United States forces in such areas, without specific appropriations therefor: Provided, That within ^^g^fj^ir cTml thirty days after the end of each quarter the Secretary of Defense shall mittees and ° render to the Committees on Appropriations of the Senate and the Budget Bureau. House of Representatives and to the Bureau of the Budget a full report of such property, supplies, and commodities received during such quarter. SEC. 620. During the current fiscal year, appropriations available deveL^p^ment^"'^ to the Department of Defense for research and development may be used for the purposes of section 2353 of title 10, United States Code, '^^^ ^*^*- ^^'*and for purposes related to research and development for which expenditures are specifically authorized in other appropriations of the service concerned. SEC. 621. No appropriation contained in this Act shall be available n,Jn/s'°rtc "^r'e for the payment oi more than 75 per centum of charges of educational ^^"0^00."^" "^ ^ institutions for tuition or expenses for off-duty training of military personnel, nor for the payment of any part of tuition or expenses for such training for commissioned personnel who do not agree to remain on active duty for two years after completion of such training. SEC. 622. No part of the funds appropriated herein shall be re ^?rlmen"^^"^ expended for the support of any formally enrolled student in basic courses of the senior division, Reserve Officers' Training Corps, who has not executed a certificate of loyalty or loyalty oath m such form as shall be prescribed by the Secretary of Defense. SEC. 623. No part or any appropriation contained in this Act shall rertncUoTs""* be available for the procurement of any article of food, clothing, cotton, woven silk or woven silk blends, spun silk yarn for cartridge cloth, or wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles) not grown, reprocessed, reused, or produced in the United States or its possessions, except to the extent that the Secretary of the Department concerned shall determine that a satisfactory quality and sufficient quantity of any articles of food or clothing or any form of cotton, woven silk and woven silk blends, spun silk yarn for cartridge cloth, or wool grown, reprocessed, reused, or produced in the United States or its possessions cannot be procured as and when needed at United States market prices and except procurements outside the United States in support of combat operations, procurements by vessels in foreign waters and emergency procurements or procurements of perishable foods by establishments located outside the United States for the personnel attached thereto: Provided, That nothing herein shall preclude the procurement of foods manufactured or processed in the United States or its possessions: Provided further, That no funds herein appropriated shall be used for the payment of a price differential on contracts hereafter made for the purpose of relieving economic dislocations: Provided further, That none of the funds appropriated in this Act shall be used except that, so far as practicable, all contracts shall be awarded on a formally advertised competitive bid basis to the lowest responsible bidder.

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 878 Bakery, laundry facilities.

Airmail; reimbursement.

Furnishings, resale.

Uniforms.

68 Stat. 1114. Ammunition, transfer.

Congressional liaison a c t i v i t i e s.

Civil reserve air fleet.

Motor vehicle hire.

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[79

STAT.

SEC. 624. None of the funds appropriated in this Act shall be used for the construction, replacement, or reactivation of any bakery, laundry, or dry-cleaning facility in the United States, its Territories or possessions, as to which the Secretary of Defense does not certify in writing, giving his reasons therefor, that the services to be furnished by such facilities are not obtainable from commercial sources at reasonable rates. SEC. 625. During the current fiscal year, appropriations of the Department of Defense shall be available for reimbursement to the Post Office Department for payment of costs of commercial air transportation of military mail between the United States and foreign countries. SEC. 626. Appropriations contained in this Act shall be available for the purchase of household furnishings and automobiles from military and civilian personnel on duty outside the continental United States, for the purpose of resale at cost to incoming personnel, and for providing furnishings, without charge, in other than public quarters occupied by military or civilian personnel of the Department of Defense on duty outside the continental United States or in Alaska, upon a determination, under regulations approved by the Secretary of Defense, that such action is advantageous to the Government. SEC. 627. During the current fiscal year appropriations available to the Department of Defense for pay of civilian employees shall be available for uniforms, or allowances therefor, as authorized by the Act of September 1, 1954, as amended (5 U.S.C. 2131). SEC. 628. During the current fiscal year, the Secretary of Defense shall, upon requisition of the National Board for the Promotion of Rifle Practice, and without reimbursement, transfer from agencies of the Department of Defense to the Board ammunition from stock or which has been procured for the purpose in such amounts as he may determine. Such appropriations of the Department of Defense available for obligation during the current fiscal year as may be designated by the Secretary of Defense shall be available for the travel expenses of military and naval personnel, including the reserve components, and members of the Reserve Officers' Training Corps attending regional, national, or international rifle matches. SEC. 629. Funds provided in this Act for congressional liaison activities of the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Office of the Secretary of Defense shall not exceed $950,000: Provided, That this amount shall be available for apportionment to the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Office of the Secretary of Defense as determined by the Secretary of Defense. SEC. 630. Of the funds made available by this Act for the services of the Military Air Transport Service, $100,000,000 shall be available only for procurement of commercial transportation service from carriers participating in the civil reserve air fleet program; and the Secretary of Defense shall utilize the services of such carriers which qualify as small businesses to the fullest extent found practicable: Provided, That the Secretary of Defense shall specify in such procurement, performance characteristics for aircraft to be used based upon modern aircraft operated by the civil air fleet. SEC. 631. Not to exceed $11,746,000 of the funds made available in this Act for the purpose shall be available for the hire of motor vehicles: Provided, That the Secretary of Defense, under circumstances where the immediate movement of persons is imperative, may, if he deems it to be in the national interest, hire motor vehicles for such purposes without regard to this limitation.

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SEC. 632. Not less than $7,500,000 of the funds made available in ^.^^^^ transporta. this Act for travel expenses in connection with temporary duty and permanent change of station of civilian and military personnel of the Department of Defense shall be available only for the procurement of commercial passenger sea transportation ser\dce on American-flag vessels. SEC. 633. During the current fiscal year, appropriations available to ^.j^j^^'^" the Department of Defense for operation may be used for civilian " ° '"^' clothing, not to exceed $40 in cost for enlisted personnel: {1) discharged for misconduct, unfitness, unsuitability, or otherwise than honorably; (2) sentenced by a civil court to confinement in a civil prison or interned or discharged as an alien enemy; (3) discharged prior to completion of recruit training under honorable conditions for dependency, hardship, minority, disability, or for the convenience of the Government. SEC. 634. No part of the funds appropriated herein shall be available tri^^ors^^""" for paying the costs of advertising by any defense contractor, except Advertising advertising for which payment is made from profits, and such adver- costs, prohibition. tisin^ shall not be considered a part of any defense contract cost. The prohibition contained in this section shall not apjply with respect to advertising conducted by any such contractor, in compliance with regulations which shall be promulgated by the Secretary of Defense, solely for (1) the recruitment by that contractor of personnel required for the performance by the contractor of obligations arising under a defense contract, (2) the procurement of scarce items required by the contractor for the performance of a defense contract, or (3) the disposal of scrap or surplus materials acquired by the contractor in the performance of a defense contract. SEC. 635. Funds appropriated in this Act for maintenance and Facilities, repair of facilities and installations shall not be available for acquisi- l^p^^r!"^"* ^"'^ tion of new facilities, or alteration, expansion, extension, or addition of existing fstcilities, as defined in Department of Defense Directive 7040.2, dated January 18, 1961, in excess of $25,000: Provided, That the Secretary of Defense may amend or change the said directive during the current fiscal year, consistent with the purpose of this section. SEC. 636. During the current fiscal year, the Secretary of Defense Transfer of may, if he deems it vital to the security of the United States and in "" ^' ^" ''*^" the national interest to further improve the readiness of the Armed Forces, including the reserve components, transfer under the authority and terms of the Emergency Fund an additional $200,000,000: Provided, That the transfer authority made available under the terms of the Emergency Fund appropriation contained in this Act is hereby broadened to meet the requirements of this section: Provided further, Report to coiv. That the Secretary of Defense shall notify the Appropriations Com- ^uteis!"^^ " " ' mittees of the Congress promptly of all transfers made pursuant to this authority. SEC. 637. l^one of the funds appropriated in this Act may be used contract payto make payments under contracts for any program, project, or ^"*tr>'s^°'^°^^" activity in a foreign country unless the Secretary of Defense or his °"" "^ ^^ designee, after consultation with the Secretary of the Treasury or his designee, certifies to the Congress that the use, by purchase from the Treasury, of currencies of such country acquired pursuant to law is not feasible for the purpose, stating the reason therefor. SEC. 638. None of the funds provided herein shall be used to pay Research projany recipient of a grant for the conduct of a research project an ^^°^*^' amount equal to as much as the entire cost of such project. SEC. 639. Only upon the approval by the Congress, through the Army Reserve enactment of law hereafter, of a realinement or reorganization of the Components. Army Reserve Components, the Secretary may transfer the balances

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Prohibition.

Short title.

PUBLIC LAW 89-214-SEPT. 29, 1965

[79 STAT.

of appropriations made iii this Act for the support of the Army Reserve Components to the extent necessary to implement such a realinement or reorganization; and the provisions in this Act establishing strengths for the Army Reserve and the Army National Guard shall cease to be effective. SEC. 640. None of the funds provided in this Act shall be available for the expenses of the Special Training Enlistment Program (STEP). SEC. 641. This Act may be cited as the "Department of Defense Appropriation Act, 1966"'. Approved September 29, 1965.

Public Law 89-214 September 29, 1965 [S. 2127]

Armed Forces. Indemnity Insurance. 72 Stat. 1148. 38 USC 701 e( seq.

AN ACT To amend title 38, United States Code, in order to provide special indemnity insurance for members of the Armed Forces serving in combat zones, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) chapter 19 of title 38, United States Code, is amended by redesignating "Subchapter III—General" thereof as "Subchapter IV—General" and by inserting immediately after subchapter II thereof the following new subchapter III: "Subchapter III—Servicemen's Group Life Insurance «§765. Definitions "For the purpose of this subchapter— "(1) The term 'active duty' means full-time duty as a commissioned or warrant officer, or as an enlisted member of a uniformed service under a call or order to duty that does not specify a period of thirty days or less. "(2) The term 'member' means a person on active duty in the uniformed services in a commissioned, warrant, or enlisted rank or grade. "(3) The term 'uniformed services' means the Army, Navy, Air Force, Marine Corps, Coast Guard, Public Health Service, and Environmental Science Services Administration. "§ 766. Eligible insurance companies " (a) The Administrator is authorized, without regard to section 3709 of the Revised Statutes, as amended (41 U.S.C. 5), to purchase from one or more life insurance companies a policy or policies of group life insurance to provide the benefits specified in this subchapter. Each such life insurance company must (1) be licensed to issue life insurance in each of the fifty States of the United States and in the District of Columbia, and (2) as of the most recent December 31 for which information is available to the Administrator, have in effect at least 1 per centum of the total amount of group life insurance which all life insurance companies have in effect in the United States. " (b) The life insurance company or companies issuing such policy or policies shall establish an administrative office at a place and under a name designated by the Administrator. "(c) The Administrator shall arrange with the life insurance company or companies issuing any policy or policies under this subchapter to reinsure, under conditions approved by him, portions of the total

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PUBLIC LAW 89-214-SEPT. 29, 1965

amount of insurance under such policy or policies with such other life insurance companies (which meet qualifying criteria set forth by the Administrator) as may elect to participate in such reinsurance. " (d) The Administrator may at any time discontinue any policy or policies which he has purchased from any insurance company under this subchapter. "§ 767. Persons insured; amount " (a) Any policy of insurance purchased by the Administrator under section 766 of this title shall automatically insure any member of the uniformed services on active duty against death in the amount of $10,000 from the first day of such duty, or from the date certified by the Administrator to the Secretary concerned as the date Servicemen's Group Life Insurance under this subchapter takes effect, whichever date is the later date, unless such member elects in writing (1) not to be insured under this subchapter, or (2) to be insured in the amount of $5,000. "(b) If any member elects not to be insured under this subchapter or to be insured in the amount of $5,000, he may thereafter be insured under this subchapter or insured in the amount of $10,000 under this subchapter, as the case may be, upon written application, proof of good health, and compliance with such other terms and conditions as may be prescribed by the Administrator. "§ 768. Termination of coverage; conversion "Each policy purchased under this subchapter shall contain a provision, in terms approved by the Administrator, to the effect that any insurance thereunder on any member of the uniformed services shall cease (except in the case of members absent without leave) one hundred and twenty days after his separation or release from active duty, and that during the period such insurance is in force the insured upon request to the administrative office established under subsection 766(b) of this title shall be furnished a list of life insurance companies participating in the program established under this subchapter and upon written application (within such period) to the participating company selected by the insured and payment of the required premiums be granted insurance without a medical examination on a plan then currently written by such company which does not provide for the payment of any sum less than the*face value thereof or for the payment of an additional amount as premiums if the insured engages in the military service of the United States, to replace the Servicemen's Group Life Insurance in effect on the insured's life under this subchapter. I n addition to life insurance companies participating in the program established under this subchapter, such list shall include additional life insurance companies (not so participating) which meet qualifying criteria, terms, and conditions established by the Administrator and a ^ e e to sell insurance to members and former members in accordance with the provisions of the preceding sentence. I n the case of any member who is absent without leave for a period of more than thirtyone days, insurance under this subchapter shall cease as of the date such absence commenced. Any such member so absent without leave, upon return to duty, may again be insured under this subchapter, but only if he complies with the requirements set forth in section 767(b) of this section. "§769. Deductions; payment; investment; expenses " (a) During any period in which a member is insured under a policy of insurance purchased by the Administrator, under section 766 of this title, there shall be deducted each month from his basic or other pay until separation or release from active duty an amount determined

881

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[79 STAT.

by the Administrator (which shall be the same for all such members) as the share of the cost attributable to insuring such member under such policy, less any costs traceable to the extra hazard of active duty in the uniformed service. Any amount not deducted from the basic or other pay of a member insured under this subchapter while on active duty, if not otherwise paid, shall be deducted from the proceeds of any insurance thereafter payable. The initial monthly amount determined by the Administrator to be charged under this subsection for insurance under this subchapter may be continued from year to year, except that the Administrator may redetermine such monthly amount from time to time in accordance with experience. No refunds will be made to any member of any such amount properly deducted from his 'basic or other pay to cover the insurance granted under this subchapter. " (b) For each month for which any member is so insured, there shall be contributed from the appropriation made for his pay an amount determined by the Administrator and certified to the Secretary concerned to be the cost of such insurance which is traceable to the extra hazard of active duty in the uniformed services. Such cost shall be determined by the Administrator on the basis of the excess mortality suffered by members and former members of the uniformed services insured under this subchapter above that incurred by the male civilian population of the United States of the same age as the median age of members of the uniformed services (disregarding a fraction of a year) as shown by the records of the uniformed services, the primary insurer or insurers, and the Department of Health, Education, and Welfare, together with the most current estimates of such mortality. The Administrator is authorized to make such adjustments regarding such contributions from pay appropriations as may be indicated from actual experience. "(c) An amount equal to the first amount due on any such insurance may be advanced from current appropriations for active-service pay to any such member, which amount shall constitute a lien upon any service or other pay accruing to the person from whom such advance was made and shall be collected therefrom if not otherwise paid. No disbursing or certifying officer shall be responsible for any loss incurred by reason of such advance. " (d)(1) The sums withheld from the basic or other pay of members under subsection (a) of this section, and the sums contributed from appropriations under subsection (b) of this section, together with the income derived from any dividends or premium rate adjustments received from insurers shall be deposited to the credit of a revolving fund established in the Treasury of the United States. All premium payments and extra hazard costs on any insurance policy or policies purchased under section 766 of this title and the administrative cost to the Veterans' Administration of insurance issued under this subchapter shall be paid from the revolving fund. " (2) The Administrator is authorized to set aside out of the revolving fund such amounts as may be required to meet the administrative costs to the Veterans' Administration of insurance issued under this subchapter and all current premium payments and extra hazard costs on any insurance policy or policies purchased under section 766 of this title. The Secretary of the Treasury is authorized to invest in and to sell and retire special interest-bearing obligations of the United States for the account of the revolving fund. Such obligations issued for this purpose shall have maturities fixed with due regard for the needs of the fund and shall bear interest at a rate equal to the average market yield (computed by the Secretary of the Treasury on the basis of market quotations as of the end of the calendar month next preceding the date of issue) on all marketable interest-bearing

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 Bernard and others. Some, as Kingsley, have placed the Merostomata next to the Arachnida and united the two in one class. The scheme proposed by Kingsley [1894, p. 122] is as follows:

Lankester, in his paper "Limulus an Arachnid?" and his followers have gone farther and placed the Merostomata under the class Arachnida. They propose the following classification [see Shipley, 1909, p. 258]:

The Delobranchiata, which term is equivalent to Dana's Merostomata, are characterized by their gills which are patent and exposed; the Embolobranchiata have lungbooks or tracheae. We prefer to retain the term Merostomata, there being no apparent need for a new word.

As there is a burning interest attaching to the question whether we should regard the merostomes of the Siluric as giant marine arachnids or archaic crustaceans, we here briefly review the arguments for the relationship of the merostomes with the scorpions; and since, the larval


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PUBLIC LAW 89-214-SEPT. 29, 1965

obligations of the United States then forming a part of the public debt which are not due or callable until after the expiration of four years from the end of such calendar month; except that where such average market yield is not a multiple of one-eighth of 1 per centum, the rate of interest of such obligation shall be the multiple of one-eighth of 1 per centum nearest such market yield. "(3) Notwithstanding the provisions of section 782 of this title, the Administrator shall, from time to time, determine the administrative costs to the Veterans' Administration which in his judgment are properly allocable to insurance issued under this subchapter and shall transfer such cost from the revolving fund to the appropriation 'General operating expenses, Veterans' Administration'. " (a) Any amount of insurance under this subchapter in force on any member or former member on the date of his death shall be paid, upon the establishment of a valid claim therefor, to the person or persons surviving at the date of his death, in the following order of precedence: "First, to the beneficiary or beneficiaries as the member or former member may have designated by a writing received in the uniformed services prior to such death; "Second, if there be no such beneficiary, to the widow or widower of such member or former mwnber; "Third, if none of the above, to the child or children of such member or former member and descendants of deceased children by representation; "Fourth, if none of the above, to the parents of such member or former member or the survivor of them; "Fifth, if none of the above, to the duly appointed executor or administrator of the estate of such member or former member; "Sixth, if none of the above, to other next of kin of such member or former member entitled under the laws of domicile of such member or former member at the time of his death. " (b) If any person otherwise entitled to payment under this section does not make claim therefor within one year after the death of the member or former member, or if payment to such person within that period is prohibited by Federal statute or regulation, payment may be made in the order of precedence as if such person had predeceased the member or former member, and any such payment shall be a bar to recovery by any other person. "(c) If, within two years after the death of the member or former member, no claim for payment has been filed by any person entitled under the order of precedence set forth in this section, and neither the Administrator nor the administrative office established by the insurance company or companies pursuant to section 766(b) of this title has received any notice that any such claim will be made, payment may be made to a claimant as may in the judgment of the Administrator be equitably entitled thereto, and such payment shall be a bar to recovery by any other person. If, within four years after the death of the member or former member, payment has not been made pursuant to this section and no claim for payment by any person entitled under this section is pending, the amount payable shall escheat to the credit of the revolving fund referred to in section 769(d). " (d) The member may elect settlement of insurance under this subchapter either in a lump sum or in thirty-six equal monthly installments. If no such election is made by the member the beneficiary or beneficiaries may elect settlement either in a lump sum or in thirty-six equal monthly installments. If the member has elected settlement in
 * § 770. Beneficiaries; payment of insurance

883

72 Stat. ues.

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[79 STAT.

a lump sum, the beneficiary or beneficiaries may elect settlement in thirty-six equal monthly installments. "§ 771. Basic tables of premiums; readjustment of rates " (a) Each policy or policies purchased under section 766 of this title shall include for the first policy year a schedule of basic premium rates by age which the Administrator shall have determined on a basis consistent with the lowest schedule of basic premium rates generally charged for new group life insurance policies issued to large employers, this schedule of basic premium rates by age to be applied, except as otherwise provided in this section, to the distribution by age of the amount of group life insurance under the policy at its date of issue to determine an average basic premium per $1,000 of insurance. Each policy so purchased shall also include provisions whereby the basic rates of premium determined for the first policy year shall be continued for subsequent policy years, except that they may be readjusted for any subsequent year, based on the experience under the policy, such readjustment to be made by the insurance company or companies issuing the policy on a basis determined by the Administrator in advance of such year to be consistent with the general practice of life insurance companies under policies of group life insurance issued to Jarge employers. " (b) The total premiums for the policy or policies shall be the sum of the amounts computed according to the provisions of subsection (a) above and the estimated costs traceable to the extra hazard of active dut^ in the uniformed services as determined by the Administrator, subject to the provision that such estimated costs traceable to the extra hazard shall be retroactively readjusted annually in accordance with section 769(b). "(c) Each policy so purchased shall include a provision that, in the event the Administrator determines that ascertaining the actual age distribution of the amounts of group life insurance in force at the date of issue of the policy or at the end of the first or any subsequent year of insurance thereunder would not be possible except at a disproportionately high expense, the Administrator may approve the determination of a tentative average group life premium, for the first or any subsequent policy year, in lieu of using the actual age distribution. Such tentative average premium rate shall be redetermined by the Administrator during any policy year upon request by the insurance company or companies issuing the policy, if experience indicates that the assumptions made in determining the tentative average premium rate for that policy year were incorrect. " (d) Each policy so purchased shall contain a provision stipulating the maximum expense and risk charges for the first policy year, which charges shall have been determined by the Administrator on a basis consistent with the general level of such charges made by life insurance companies under policies of group life insurance issued to large employers. Such maximum charges shall be continued from year to year, except that the Administrator may redetermine such maximum charges for any year either by agreement with the insurance company or companies issuing the policy or upon written notice given by the Administrator to such companies at least one year in advance of the beginning of the year for which such redetermined maximum charges will be effective. " (e) Each such policy shall provide for an accounting to the Administrator not later than ninety days after the end of each policy year, which shall set forth, in a form approved by the Administrator, (1) the amounts of premiums actually accrued under the policy from its date of issue to the end of such policy year, (2) the total of all mor-

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PUBLIC LAW 89-214-SEPT. 29, 1965

tality and other claim charges incurred for that period, and (3) the amounts of the insurers' expense and risk charge for that period. Any excess of the total of item (1) over the sum of items (2) and (3) shall be held by the insurance company or companies issuing the policy as a special contingency reserve to be used by such insurance company or companies for charges under such policy only, such reserve to bear interest at a rate to be determined in advance of each policy year by the insurance company or companies issuing the policy, which rate shall be approved by the Administrator as being consistent with the rates generally used by such company or companies for similar funds held under other group life insurance policies. If and when the Administrator determines that such special contingency reserve has attained an amount estimated by the Administrator to make satisfactory provision for adverse fluctuations in future charges under the policy, any further excess shall be deposited to the credit of the revolving fund established under section 766 of this title. If and when such policy is discontinued, and if after all charges have been made, there is any positive balance remaining in such special contingency reserve, such balance shall be deposited to the credit of the revolving fund, subject to the right of the insurance company or companies issuing the policy to make such deposit in equal monthly installments over a period of not more than two year's. "§ 772. Benefit certificates "The Administrator shall arrange to have each member insured under a policy purchased under section 766 of this title receive a certificate setting forth the benefits to which the member is entitled thereunder, to whom such benefit shall be payable, to whom claims should be submitted, and summarizing the provisions of the policy principally affecting the member. Such certificate shall be in lieu of the certificate which the insurance company or companies would otherwise be required to issue. "§773. Forfeiture "Any person guilty of mutiny, treason, spying, or desertion, or who, because of conscientious objections, refuses to perform service in the Armed Forces of the United States or refuses to wear the uniform of such force, shall forfeit all rights to Servicemen's Group Life Insurance under this subchapter. No such insurance shall be payable for death inflicted as a lawful punishment for crime or for military or naval offense, except when inflicted by an enemy of the United States. "§ 774. Advisory Council on Servicemen's Group Life Insurance "There is hereby established an Advisory Council on Servicemen's Group Life Insurance consisting of the Secretary of the Treasury as Chairman, the Secretary of Defense, the Secretary of Commerce, the Secretary of Health, Education, and Welfare, and the Director of the Bureau of the Budget, each of whom shall serve without additional compensation. The Council shall meet once a year, or oftener at the call of the Administrator, and shall review the operations under this subchapter and advise the Administrator on matters of policy relating to his activities thereunder. "§ 775. Jurisdiction of District Courts "The district courts of the United States shall have original jurisdiction of any civil action or claim against the United States founded upon this subchapter. "§ 776, Effective date "The insurance provided for in this subchapter and the deductions and contributions for that purpose shall take effect on the date desig-

885

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72 Stat. 1115.

PUBLIC LAW 89-214-SEPT. 29, 1965

[79 STAT.

nated by the Administrator and certified by him to each Secretary concerned." (b) Section 211(a) of title 38, United States Code, is amended by inserting "775," immediately before "784". SEC. 2. The analysis of chapter 19 of title 38, United States Code, is amended (1) by redesignating "•SUBCHAPTER III—GENERAL" as "SUBCHAPTER IV—GENERAL'" and (2) by inserting after "760. Waiver of premium payment on due date."

the following: "Sec. "765. "766. "767. "768. "769. "770. "771. "772. "773. "774. "775. "776.

77^tll^'^^T'' Stat. 215; Ante, p. 547.

Ante, p. 885.

"SUBCHAPTER III—SERVICEMEN'S GROUP LIFE INSURANCE

Definitions. Eligible insurance companies. Persons insured; amount. Termination of coverage; conversion. Deductions; payment; investment; expenses. Beneficiaries; payment of insurance. Basic tables of premiums; readjustment of rates. Benefit certificates. Forfeiture. Advisory Council on Servicemen's Group Life Insurance. Jurisdiction of District Courts. Effective date."

SEC. 3. (a) I n the case of each veteran who died or dies— (1) as a direct result of actions of hostile forces; (2) as a direct result of an accident involving a military or naval aircraft or an aircraft under charter to the Department of Defense, Army, Navy, or A i r Force; (3) as a direct result of the extra hazard of military or naval service, as such hazard may be determined by the Administrator; or (4) while performing service for which incentive pay for hazardous duty or special pay is authorized by section 301,304, or 310 of title 37, United States Code; while in the active military, naval, or air service during the period from January 1, 1957, to the date immediately preceding the date on which the Servicemen's Group Life Insurance program is placed in cffcct pursuant to section 776 of title 38, United States Code, both dates inclusive, the Administrator of Veterans' Affairs shall pay a death gratuity to the widow or widower, child or children, or parent or parents of such veteran, as provided in subsection (b), in an amount not exceeding $5,000, determined as provided in subsection (c), but only if (A) application is made for such death gratuity within one year after the date of enactment of this Act and (B) the person or persons receiving a death graituity under this section waive all future rights to death compensation and dependency and indemnity compensation, under title 38, United States Code, on account of the death of such veteran. (b) The death gratuity authorized by this section shall be paid to the following classes of persons and in the order named— (1) to the widow or widower of the veteran, if living; (2) if no widow or widower, to the child or children of the veteran, if living, in equal shares; (3) if no widow, widower, or child, to the parent or parents of the veteran who last bore that relationship, if living, in equal shares. (c)(1) The death gratuity authorized by this section shall be $5,000 reduced by the aggregate amount of (A) United States Government Life Insurance and National Service Life Insurance paid or payable

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PUBLIC LAW 89-215-SEPT. 29, 1965

887

on account of the death of such veteran and (B) any death compensation or dependency and indemnity compensation received on account of the death of such veteran by the person or persons who receive such death gratuity. (2) I n any case where two or more persons are eligible for a death gratuity under this section on account of the death of the same veteran but one or more of such persons do not waive future death compensation or dependency and indemnity compensation payable under title 38, the Administrator shall pay his or their share of such death gratuity to the person or persons waiving such compensation. However, the death compensation or dependency and indemnity compensation payable to any other person shall not be increased solely as the result of an election and waiver under this section. (3) The right of any person to payment of a death gratuity under this section shall be conditioned upon his being alive to receive such payment. No person shall have a vested right to any such payment and any payment not made during the person's lifetime shall be paid to the person or persons within the permitted class next entitled to priority, as provided in subsection (b). (d) Any terms used in this section which are defined in section 101 or 102(b) of title 38, United States Code, shall, for the purposes of Definitions. this section, have the meanings given to them by such section 101 or ^'V^sVaT^iioe. 102(b), except that (1) the term "veteran", as used in this section, includes a person who dies while in the active military, naval, or air service and (2) the term "child" shall not be limited with respect to age or marital status. (e) Appropriations made to the Veterans' Administration for "Compensation and Pensions" shall be available for the payment of death gratuities under this section. Approved September 29, 1965. Public Law 89-215 AN ACT

September 29, 1965

To extend to thirty days the time for tiling petitions for removal of civil actions from State to Federal courts.

[H. R. 3989]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (b) State courts. ^.^^ of section 1446 of title 28, United States Code, is amended to read as removal petitions. follows:

" (b) The petitison for removal of a civil action or proceeding shall be filed within thirty days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading setting forth the claim for relief upon which such action or proceeding is based, or within thirty days after the service of summons upon the defendant if such initial pleading has then been filed in court and is not required to be served on the defendant, whichever period is shorter. " I f the case Stated by the initial pleading is not removable, a petition for removal may be filed within thirty days after receipt by the defendant, through service or otherwise, of a copy of an amended pleading, motion, order or other paper from which it may first be ascertained that the case is one which is or has become removable." Approved September 29, 1965.

63 Stat. 10 1.

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Page:United States Statutes at Large Volume 79.djvu/928

 PUBLIC LAW 89-216-SEPT. 29, 1965

[79

STAT.

Public Law 89-216 September 29, 1965

[H. R. 5883]

Labor-Management Reporting and D i s c l o s u r e Act of 1959, amendments. Bonding provisions. 73 Stat. 536. 29 USC 502.

29 USC 435.

29 USC 437.

AN

ACT

To amend the bonding provisions of the labor-Management Reporting and Disclosure Act of 1959 and the Welfare and Pension Plans Disclosure Act.

Be it enacted by the Senate and House of RepresentaUves of the United States of America in Congress assembled, That the first sentence of section 502(a) of the Labor-Management Reporting and Disclosure Act of 1959 is amended by striking out "for the faithful discharge of his duties" and substituting therefor the following: "to provide protection against loss by reason of acts of fraud or dishonesty on his part directly or through connivance with others", and by inserting before the period at the end of such subsection the following: ": Provided, That when in the opinion of the Secretary a labor organization has made other bonding arrangements which would provide the protection required by this section at comparable cost or l e ^, he may exempt such labor organization from placing a bond through a surety company holding such grant of authority". SEC. 2. (a) Subsection (a) of section 205 of the Labor-Management Reporting and Disclosure Act is amended by striking out "and 203" and inserting in lieu thereof "203, and 211". (b) Subsection (b) of such section is amended by striking out "or 203" and inserting in lieu thereof "203, or 211". (c) Subsection (c) of such section is amended by striking out "or 203" and inserting in lieu thereof "203, or 211". (d) Subsection (b) of section 207 of such Act is amended by striking out "or the second sentence of section 203(b) " both times it appears and inserting in lieu thereof "the second sentence of section 203(b), or section 211". SEC. 3. Title II of the Labor-Management Reporting and Disclosure Act of 1959 is amended by adding at the end thereof the following new section: u SURETY C O M P A N Y

72 Stat. 997. 29 USC 301 note.

REPORTS

"SEC. 211. Each surety company which issues any bond required by this Act or the "Welfare and Pension Plans Disclosure Act shall file annually with the Secretary, with respect to each fiscal year during which any such bond was in force, a report, in such form and detail as he may prescribe by regulation, filed by the president and treasurer or corresponding principal officers of the surety company, describing its bond experience under each such Act, including information as to the premiums received, total claims paid, amounts recovered by way of subrogation, administrative and legal expenses and such related data and information as the Secretary shall determine to be necessary in the public interest and to carry out the policy of the Act. Notwithstanding the foregoing, if the Secretary finds that any such specific information cannot be practicably ascertained or would be uninformative, the Secretary may modify or waive the requirement for such information." Approved September 29, 1965.

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PUBLIC LAW 89-217-SEPT. 29, 1965

889

Public Law 89-217 AN ACT

To amend part II of the District of Columbia Code relating to divorce, legal separation, and annulment of marriage in the District of Columbia. Be it enacted, by the Senate and House of Representat't/ves of the United States of America in Congress assemMed^ That section 16-902 of the District of Columbia Code is amended to read as follows: "§ 16-902. Residence requirements •'No action for divorce shall be maintainable unless one of the parties to the marriage has been a bona fide resident of the District of Columbia for at least one year next preceding the commencement of the action. No action for annulment of a marriage performed outside the District of Columbia shall be maintainable unless one of the parties is a bona fide resident of the District of Columbia at the time of the commencement of the action. No action for the affirmance of any marriage shall be maintainable unless one of the parties is a bona fide resident of the District of Columbia at the time of the commencement of the action. The residence of the parties to an action for annulment of a marriage performed in the District of Columbia shall not be considered in determining whether such action shall be maintainable." SEC. 2. Section 16-904 of the District of Columbia Code is amended to read as follows: "§ 16-904. Grounds for divorce, legal separation and annulment " (a) A divorce from the bond of marriage or a legal separation from bed and board may be granted for adultery, actual or constructive desertion for one year, voluntary separation from bed and board for one year without cohabitation, or final conviction of a felony and sentence for not less than two years to a penal institution which is served in whole or in part. A legal separation from bed and board also may be granted for cruelty. " (b) A judgment of legal separation from bed and board may be enlarged into a judgment of divorce from the bond of marriage upon application of the innocent party, a copy of which shall be duly served upon the adverse party, after the separation of the parties has been continuous for one year next before the making of the application. "(c) Marriage contracts may be declared void in the following cases: "First. Where such marriage was contracted while either of the parties thereto had a former wife or husband living, unless the former marriage had been lawfully dissolved. "Second. Where such marriage was contracted during the lunacy of either party (unless there Jias been voluntary cohabitation after the discovery of the lunacy). "Third. Where such marriage was procured by fraud or coercion. "Fourth. Where either party was matrimonially incapacitated at the time of marriage and has continued so. "Fifth. Where either of the parties had not arrived at the age of legal consent to the contract of marriage (unless there has been voluntary cohabitation after coming to legal age), but in such cases only at the suit of the party not capable of consenting."' SEC. 3. Section 16-916 of the District of Columbia Code is amended to read as follows: '*§ 16-916. Maintenance of wife and minor children; maintenance of former wife; enforcement " (a) Whenever any husband shall fail or refuse to maintain his wife, minor children, or both, although able to do so, or whenever any father 49-850 0-66—59

September 29, 1965

[H. R. 948]

District of Columbia Code. Divorce, legal separation, and annulment, 77 Stat. 560.

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[79 STAT.

shall fail or refuse to maintain his children by a marriage since dissolved, although able to do so, the court, upon proper application, may decree, pendente lite and permanently, that he shall pay reasonable sums periodically for the support of such wife and children, or such children, as the case may be, and the court may decree that he pay suit money, including counsel fees, pendente lite and permanently, to enable plaintiff to conduct the case. "(b) Whenever a former husband has obtained a foreign ex parte divorce, the court thereafter, on application of the former wife and with personal service of process upon the former husband in the District of Columbia, may decree that he shall pay her reasonable sums periodically for her maintenance and for suit money, including counsel fees, pendente lite and permanently, to enable plaintiff to conduct the case. "(c) The Court may enforce any decree entered under this section in the same manner as is provided in section 16-911 of the District of Columbia Code." g^c. 4. Section 16-920 of the District of Columbia Code is amended to read as follows: "§16-920. Effective date of decree for annulment or absolute divorce "A decree, annulling or dissolving a marriage, or granting an absolute divorce, shall not become effective until the time for noting an appeal shall have expired, and, if notice of appeal has been entered, such decree shall not become effective until the date of the final disI)osition of the appeal." Approved September 29, 1965.

77 Stat. 563.

Public Law 89-218 September 29, 1965

^ '

'

•'

U.S. Secret Service. Power extension. 65 Stat. 122.

AN

ACT

To authorize Secret Service agents to make arrests without warrant for offenses committed in their presence, and for other purposes.

Be it eimcted by the Semite and House of Representatives of the United States of America in Congress assembled, That title 18, United States Code, section 3056, is amended as follows— (1) By inserting the following sentence immediately preceding the last sentence thereof: " I n the performance of their duties under this section, the Chief, Deputy Chief, Assistant Chief, inspectors, and agents of the Secret Service are authorized to make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony."; and (2) By striking out "508 and 509" and inserting in lieu thereof "608, 509, and 871". Approved September 29, 1965.

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PUBLIC LAW 89-219-SEPT. 29, 1965

891

Public Law 89-219 AN ACT

September 29, 1965

To provide for the nieasureiiieut of the gross and n e t tonnages for certain vessels having t w o o r more decks, and for other piiriwses.

1^^- 9*^'^]

Be it enacted by the Senate and House of Representatives of the United States of America in Conqress a.^sembled. That as used in .,. . l/lllS -tTLCt '.

•'

•-'

^f^^^eis Gross and net tonnage m e a s u r e -

(a) The term "uppermost complete deck" means the uppermost ments. complete deck of a vessel exposed to sea and weather, which shall be deemed to be that deck which has permanent means of closing all openings in the weather portions thereof, provided that any opening in the side of the vessel below that deck, other than an opening abait a transverse watertight bulkhead placed aft of the rudder stock, is fitted with permanent means of watertight closing. (b) The term "second deck" means the deck next below the uppermost complete deck which is continuous in a fore-and-aft direction at least between peak bulkheads, is continuous athwartships, is fitted as an integral and permanent part of the vessel's structure, and has proper covers to all main hatchways. Interruptions in way of propelling machinery space openings, ladder and stairway openings, trunks, chain lockers, cofferdams, or steps not exceeding a total height of forty-eight inches shall not be deemed to break tfie continuity of the deck. (c) The term "trunks" as used in the definition of second deck shall be deemed to refer to hatch or ventilation trunks which do not extend longitudinally completely between main transverse bulkheads. (d) The term "Secretary" means the Secretary of the Treasury. SEC. 2. I n the measurement of a vessel under sections 4148, 4151, Exclusion of and 4153 of the Revised Statutes, as amended (46 U.S.C. 71, 75, 77), %"^TJ! ^'° upon application of the owner and approval by the Secretary, there shall be omitted from inclusion in the gross tonnage— (a) those spaces available for the carriage of dry cargo or stores which are located between the uppermost complete deck and the second deck, and other spaces so located which would be omitted from gross tonnage under the provisions of section 4153 if above the upper deck, provided that a tonnage mark is placed and displayed on the vessel in accordance with the provisions of this Act, so long as that tonnage mark is not submerged; (b) those spaces which are located on or above the uppermost complete deck and which are available for the carriage of dry cargo or stores, without regard to whether a tonnage mark is placed or displayed on the vessel or, if placed or displayed, without regard to whether that mark is submerged; and (c) those spaces which are located on the uppermost complete deck and which are used for cabins or staterooms, provided that a tonnage mark is placed and displayed on the vessel, so long as that tonnage mark is not submerged. SEC. 3. The tonnage mark shall be a horizontal line, upon which Tonnage mark. shall be placed for identification an inverted equilateral triangle, with its apex on the midpoint of the line. The mark shall be placed and displayed on each side of the vessel, subject to such specifications as to location and dimensions as are prescribed in regulations issued under this Act. SEC. 4. No tonnage mark shall be required to be placed or displayed Location of above the statutory summer loadline prescribed in accordance with the '^^''^'

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Submerged tonnage mark.

Measurement certificate.

R e g u l a t i o n s by Secretary. Penalties.

PUBLIC LAW 89-219-SEPT. 29, 1965

[79 STAT.

applicable loadline convention, except that, when a vessel's statutory loadline is assigned on the assumption that the second deck is the freeboard deck, the tonnage mark may be permitted to be placed and displayed on a line level with the uppermost part of the loadline grid. SEC. 5. Except when the tonnage mark is placed and displayed on the vessel at the level prescribed in section 4 hereof, an additional line may be added to the tonnage mark, subject to such specifications as to location and dimensions as are prescribed in regulations issued under this Act. SEC. 6. The tonnage mark shall be deemed to be submerged when the upper edge of the mark is under water, except that if the vessel is marked with the additional line in accordance with section 5 of this Act and is in fresh water or in tropical waters the tonnage mark shall not be deemed to be submerged unless the upper edge of the additional line is under water. SEC. 7. I n a case in which a vessel measured under this Act and other applicable statutes has a tonnage mark placed and displayed at a place other than a line level with the uppermost part of the loadline grid, any measurement certificate or marine document reciting tonnages issued to such vessel shall show the gross and net tonnages applicable when the tonnage mark is submerged and the gross and net tonnages applicable when the mark is not submerged. I n any other case in which a vessel is measured under this Act and other applicable statutes, any measurement certificate or marine document reciting tonnages issued to such vessel shall show only one set of gross and net tonnages, taking into account all applicable omissions or exemptions. SEC. 8. I n a case in which an application for omission of spaces is filed under section 2 of this Act for a vessel for which a statutory loadline is not required and is not assigned, the line of the uppermost complete deck shall be marked in the manner specified for marking the deck line in the international loadline convention in force. SEC. 9. Section 4149 of the Revised Statutes (46 U.S.C. 72) is amended to read as follows: "SEC. 4149. The Secretary of the Treasury shall prescribe how evidence of admeasurement shall be given.'' SEC. 10. Section 4150 of the Revised Statutes (46 U.S.C. 74) is amended to read as follows: "SEC. 4150. A vessel's marine document shall specify such identifying dimensions, measured in such manner, as the Secretary of the Treasury may prescribe." SEC. 11. Section 4153 of the Revised Statutes (46 U.S.C. 77) is amended by inserting before the first paragraph the following: "The tonnage deck, in vessels having three or more decks to the hull, shall be the second deck from below; in all other cases the upper deck of the hull is to be the tonnage deck. All measurements are to be taken in feet and decimal fractions of feet." SEC. 12. The Secretary shall make such regulations as may be necessary to carry out the provisions of this Act. SEC. 13. Any person who makes a false, fictitious, or fraudulent statement or representation in any matter in which such statement or representation is required to be made to the Secretary in any regulation issued under this Act shall be subject to a penalty of not more than $1,000 for each such statement or representation. SEC. 14. If any toimage mark required to be placed and displayed on a vessel in any r e f l a t i o n issued under this Act by the Secretary is not so placed or displayed or if the mark at any time shall cease

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 79 STAT. ]

PUBLIC LAW 89-220-SEPT. 30, 1965

893

to be continued on the vessel, such vessel shall be subject to a penalty of $30 on every subsequent arrival in a port of the United States. SEC. 15. Any penalty incurred under this Act may be remitted or mitigated by the i^ecretary under the provisions of section 5294 of the K«vised Statutes, as amended (46 U.S.C. 7). Approved September 29, 1965.

p^riaity re.

mitted.

Public Law 89-220 AN ACT

September 30, 1965

To authorize the Secretary of Commerce to undertake research and development in high-speed ground transportation, and for other purposes.

'- '

^-'

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, consistent ^^undt^'^n^s'^orta with the objective of promoting a safe, adequate, economical, and ui^n^tudy!'^^'"^ ^" efficient national transportation system, the Secretary of Commerce (hereafter in this Act referred to as the "Secretary") is authorized to undertake research and development in high-speed ground transportation, including, but not limited to, components such as materials, aerodynamics, vehicle propulsion, vehicle control, communications, and guideways. Demonstration SEC. 2. The Secretary is authorized to contract for demonstrations to program. determine the contributions that high-speed ground transportation could make to more efficient and economical intercity transportation systems. Such demonstrations shall be designed to measure and evaluate such factors as the public response to new equipment, higher speeds, variations in fares, improved comfort and convenience, and more frequent service. I n connection with contracts for demonstrations under this section, the Secretary shall provide for financial participation by private industry to the maximum extent practicable. SEC. 3. Nothing in this Act shall be deemed to limit research and development carried out under the first section or demonstrations contracted for under section 2 to any particular mode of high-speed ground transportation. SEC. 4. The Secretary is authorized to collect and collate transpor- ^ J^'^^^r!!.^*''^" 1

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data, c o l l e c t i o n.

tation data, statistics, and other information which he determines will contribute to the improvement of the national transportation system. In carrying out this activity, the Secretary shall utilize the data, statistics, and other information available from Federal agencies and other sources of the greatest practicable extent. The data, statistics, and other information collected under this section shall be made available to other Federal agencies and to the public insofar as practicable. SEC. 6. (a) There is hereby established in the Department of Com- ^ittt'^'^elt jb"™' merce an advisory committee consisting of seven members who shall u'shme'nt^ be appointed by the Secretary without regard to the civil service laws. The Secretary shall designate one of the members of the Advisory Committee as its Chairman. Members of the Advisory Committee shall be selected from among leading authorities in the field of transportation. (b) The Advisory Committee shall advise the Secretary with respect ^"*i^^to policy matters arising in the administration of this Act, particularly with respect to research and development carried out under the first section and contracts for demonstrations entered into under section 2. SEC. 6. (a) I n carrying out the provisions of section 2 of this Act, enf°^'^e" "^^ro'^ the Secretary shall provide fair and equitable arrangements, as deter- t^uvr^rrangel mined by the Secretary of Labor, to protect the interests of the m^nts.

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54 Stat. 905. ards''°'^ stand-

49 Stat. 1011; 40 USC 276a. 2 7 6a-5.

63 Stat. 108.

ub°i^*Tr^rivate agencie°s.^"^^ ^

PUBLIC LAW 89-220-SEPT. 30, 1965

[79 STAT.

employees of any common carrier who are affected by any demonstration carried out under a contract between the Secretary and such carrier under such section. Such protective arrangements shall include, without bein^ limited to, such provisions as may be necessary for (1) the preservation of rights, privileges, and benefits (including continuation of pension rights and benefits) to such employees under existing collective-bargaining agreements, or otherwise; (2) the continuation of collective-bargaining rights; (3) the protection of such individual employees agamst a worsening of their positions with respect to their employment as a result of such demonstration; (4) assurances of priority of reemployment of employees terminated or laid off as a result of such demonstration; and (5) paid training or retraining programs. Such arrangements shall include provisions protecting individual employees against a worsening of their positions with respect to their employment as the result of such demonstrations which shall in no event provide benefits less than those established pursuant to section 5(2)(f) of the Interstate Commerce Act (49 U.S.C. 5). Any contract entered into pursuant to the provisions of section 2 of this Act shall specify the terms and conditions of such protective arrangements. ^^y^j -pj^g Sccrctary shall take such action as may be necessary to insure that all laborers and mechanics employed by contractors or subcontractors in the performance of construction work financed with the assistance of funds received under any contract or agreement entered into under this Act shall be paid wages at rates 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. The Secretary shall not enter into any such contract or agreement without first obtaining adequate assurance that required l ^ o r staudards will be maintained upon the construction work. The Secretary of Labor shall have with respect to the labor standards specified in this subsection, 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; 40 U.S.C. 276c). SEC. 7. I n exercising the authority granted in the first section and section 2 of this Act, the Secretary may lease, purchase, develop, test, and evaluate new facilities, equipment, techniques, and methods and conduct such other activities as may be necessary, but nothing in this Act shall be deemed to authorize the Secretary to acquire any interest in any line of railroad. SEC. 8. (a)(1) l u cxcrcising the authority grautcd under this Act, the Sccrctary is authorized to enter into agreements and to contract with public or private agencies, institutions, organizations, corporations, and individuals, without regard to sections 3648 and 3709 of the Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5). (2) To the maximum extent practicable, the private agencies, institutions, organizations, corporations, and individuals with which the Secretary enters into such agreements or contracts to carry out research and development under this Act shall be geographically distributed throughout the United States. (3) Each agreement or contract entered into under this Act under other than competitive bidding procedures, as determined by the Secretary, shall provide that the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, may, for the purpose of audit and examination, have access to any books, documents, papers, and records of the parties to such agreement

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 79 STAT. ]

PUBLIC LAW 89-221-SEPT. 30, 1965

895

or contract which are pertinent to the operations or activities under such agreement or contract. (b) The Secretary is authorized to appoint, subject to the civil ser\^ice laws and regulations, such personnel as may be necessary to enable him to carry out efficiently his functions and responsibilities under this Act. The Secretary is further authorized to procure services as authorized by section 15 of the Act of August 3, 1946 (5 U.S.C. 55a), ^o Stat. sio. but at rates tor individuals not to exceed $100 per diem, unless otherwise specified in an appropriation Act. SEC. 9. In exercising the authority granted under this Act, the Secretary shall consult and cooperate, as he deems appropriate, with the Administrator of the Housing and Home Finance Agency and other departments and agencies. Federal, State, and local. The Secretary shall further consult and cooperate, as he deems appropriate, with institutions and private industry. SEC. 10. (a) The Secretary shall rejDort to the President and the pfe^s'^jenVand Congress not less often than annually with respect to activities carried congress. out under this Act. (b) The Secretary shall report to the President and the Congress the results of his evaluation of the research and development program and the demonstration program authorized by this Act, and shall make recommendations to the President and the Congress with respect to such future action as may be appropriate in the light of these results and their relationship to other modes of transportation in attaining the objective of promoting a safe, adequate, economical, and efficient national transportation.system. (c) The Secretary shall, if requested by any appropriate committee jn^^^ati'n"^ °^ of the Senate or House of Representatives, furnish such committee '" °™^'°''' with information concerning activities carried out under this Act and information obtained from research and development carried out with funds appropriated pursuant to this Act. SEC. 11. There are hereby authorized to be appropriated such sums Appropriation. as may be necessary to carry out the provisions of this Act, but not to exceed $20,000,000 for the fiscal year ending June 30, 1966; $35,000,000 for the fiscal year ending June 30, 1967; and $35,000,000 for the fiscal year ending June 30, 1968. Such sums shall remain available until expended. Termination SEC. 12. Except for section 4, this Act shall teniiinate on June 30, date. 1969. The termination of this Act shall not affect the disbursement of funds under, or the carrying out of, any contract commitment, or other obligation entered into pursuant to this Act prior to such date of termination. Approved September 30, 1965. Public Law 89-221 JOINT RESOLUTION

September 30, 1965

Making continuing appropriations for the fiscal year 1966, and for other purposes.

[H. J. Res. 673]

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That section 101 of the contiiiuing ap. joint resolution approved June 30, 1965 (Public Law 89-58), as '^'^^^"e, i^.":>o4. amended, is amended by adding a new subsection as follows: "(e) Such amounts as may be necessary for continuing Civil Supersonic Aircraft Development Activities which have been conducted in the fiscal year 1966 but at a rate for operations not in excess of the rate

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 896

Ante, p. 614.

PUBLIC LAW 89-222-SEPT. 30, 1965

[79 STAT.

provided in the supplemental estimate pending before the Congress until the enactment into law of the applicable appropriation", and section 102 is further amended by striking out "September 30, 1965" and inserting in lieu thereof "October 15, 1965", except as provided in section 101(e) hereof. Approved September 30, 1965. Public Law 89-222

September 30, 1965 [H. R. 205]

War o r p h a n s ' educational assistance allowances, increase. 72 Stat. 1198.

38 USC 301-360. Effective date.

AN ACT To amend chapter 35 of title 38 of the United States Code in order to increase the educational assistance allowances payable under the war orphans' educational assistance program, and for other purposes.

Be it endcfed by the Senate and House of Representatives of the United /States of America in Congress assembled, That (a) section 1732(a) of title 38, United States Code, is amended by striking out "$110", "$80", and "$50" and by inserting in lieu thereof "$130", "$95", and "$60", respectivelv. (b) Section 1732(b) of such title is amended by striking out "$90" and by inserting "$105" in lieu thereof. SEC. 2. Section 1742(a) of title 38, United States Code, is amended by striking out "$110", "$35" both times it appears, and "$3.60" and by inserting in lieu thereof "$130", "$41", "$41", and "$4.25", respectively. SEC. 3. Paragraph (1) of subsection (a) of section 1701 of title 38, United States Code, is amended by striking out the third and fourth sentences and inserting in lieu thereof the following: "The standards and criteria for determining whether or not a disability arising out of such service is service connected shall be those applicable under chapter 11 of this title." SEC. 4. The amendments made by the first and "second sections of this Act shall take effect on the first day of the second calendar month following the date of enactment of this Act. Approved September 30, 1965.

Public Law 89-223 October 1, 1965 [S. 1190]

Alaska. Land d i s p o s i tion, authorization. 45 Stat. 1091; 74 Stat. 408.

AN ACT To provide that certain limitations shall not apply to certain land patented to the State of Alaska for the use and benefit of the University of Alaska.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the limitations of sections 4 and 5 of the Act entitled "An Act making an additional grant of lands for the support and maintenance of the Agricultural College and School of Mines of the Territory of Alaska, and for other purposes", as amended (48 U.S.C. 354a (c) and (d)), shall not apply to the sale, lease, mortgage, or other encumbrance of lot 1, northeast quarter of the northwest quarter, and the north half of the northeast quarter, section 29, township 28 south, range 56 east, Copper River meridian, Alaska, or to the sale or contract for the sale of any natural product derived from such lands. Approved October 1, 1965.

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 79 STAT. ]

PUBLIC LAW 89-224-OCT. 1, 1965

897

Public Law 89-224 AN ACT

October 1, 1965

To provide for the disposition of judgment funds of the Klamath and Modoc Tribes and Yahooskin Band of Snake Indians, and for other purposes.

1^^' ^'^"^^

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the Secretary of Klamath Tribe Indians. of the Interior is authorized and directed to distribute in accordance "'jud*gmerit funds. with the provisions of this Act the funds appropriated in satisfaction of a judgment obtained by the Klamath and Modoc Tribes and Yahooskin Band of Snake Indians, hereinafter called the Klamath Tribe for the purposes of the administration of this Act, from the Indian Claims Commission against the United States in docket numbered 100, and all other funds heretofore or hereafter deposited in the United States Treasury to the credit of the Klamath Tribe or any of its constituent parts or groups, except the funds heretofore or hereafter set aside for the purpose of paying the usual and necessary expenses of prosecuting claims against the United States. SEC. 2. (a) A distribution shall be made of the funds resulting from docket numbered 100, including interest, after deducting litigation expenses and estimated costs of distribution to all persons whose names appear on the final roll of the Klamath Tribe, which roll was closed and made final as of August 13, 1954 (68 Stat. 718). Except 25 USC 564. as provided in subsections (b), (c), (d), and (e) of this section, a share or portion of a share payable to a living adult shall be paid directly to such adult; (b) a share payable to a deceased enrollee shall be paid to his heirs or legatees upon the filing of proof of death and inheritance satisfactory to the Secretary of the Interior, whose findings and determinations upon such proof shall be final and conclusive: Provided, That amounts payable to deceased heirs amounting to $5 or less shall not be paid, and such amounts shall remain in the United States Treasury to the credit of the Klamath Tribe; (c) a share payable to an adult under legal disability shall be paid to his legal representative; (d) a share payable to a person previously found to be in need of assistance under the provisions of section 15 of the Act of August 13, 1954, may be paid directly to the individual or, if the Secretary deems it in the best interest of the individual, it may be added to the trust now in force on behalf of said individual, with concurrence of the trustee; and (e) a share or portion of a share payable to a person under age of majority as determined by the laws of the State of residence shall be paid to a parent, legal guardian, or trustee of such minor. > SEC. 3. Within sixty days of the date of approval of this Act, the Secretary of the Interior shall commence to pay the share due to each living person whose name appears on the final roll of August 13, 1954. As to members who have died since promulgation of the final roll of August 13, 1954, the Secretary shall mail a notice of distribution of funds and a form for presentation of a claim thereunder to all known heirs or legatees of such deceased enrollees. All such claims shall be filed with the area director of the Bureau of Indian Affairs, Portland, Oregon, within two years following the date of approval of this Act. From and after that date, all claims and the right to file claims for any distribution from the judgment in docket numbered 100 shall be forever barred. SEC. 4. Funds remaining in the United States Treasury to the credit of the said Klamath Tribe, or any of its constitutent parts or groups, after the distribution of funds resulting from Indian Claims Commission docket numbered 100 as provided by sections 2 and 3 of this

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