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PUBLIC LAW 89-207-SEPT. 28, 1965

843

Public Law 89-207 AN ACT

September 28, 1965

To provide for the establishment of the Spruce Knob-Seneca Rocks National Recreation Area, in the State of West Virginia, and for other purposes.

^^' '^^

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in order to sen'e^a Rock"^' provide for the public outdoor recreation use and enjoyment thereof National Recrea. by the people of the United States, the Secretary of Agriculture shall "£"3^^^!^;^^ ^^' iment. establish the Spruce Knob-Seneca Rocks National Recreation Area in the State of West Virginia, SEC. 2. The Secretary of Agriculture (hereinafter called the "Secretary") shall— (1) designate as soon as practicable after this Act takes effect the Spruce Knob-Seneca Rocks National Recreation Area within and adjacent to, and as a part of, the Monongahela National Forest in West Virginia, not to exceed in the aggregate one hundred thousand acres comprised of the area including Spruce Knob, Smoke Hole, and Seneca Rock, and lying primarily in the drainage of the South Branch of the Potomac River, the boundaries of which shall be those shown on the map entitled "Proposed Spruce Knob-Seneca Rocks National Recreation Area", dated March 1965, which is on file and available for public inspection in the office of the Chief, Forest Service, Department of Agriculture; and Publication in (2) publish notice of the designation in the Federal Register, Federal Register. together with a map showing the boundaries of the recreation area. SEC. 3. ^a) The Secretary shall acquire by purchase with donated Acquisition of or appropriated funds, by gift, exchange, condemnation, transfer from ^" ^' ^ ^' any Federal agency, or otherwise, such lands, waters, or interests therein within the boundaries of the recreation area as he determines to be needed or desirable for the purposes of this Act. For the purposes of section 6 of the Act of September 3, 1964 (78 Stat. 897, 903), 16 USC 460^-9. the boundaries of the Monongahela National Forest, as designated by the Secretary pursuant to section 2 of this Act, shall be treated as if they were the boundaries of that forest on January 1, 1965. Lands waters, or interests therein owned by the State of West Virginia or any political subdivision of that State may be acquired only with the concurrence of such owner. (b) Notwithstanding any other provision of law, any Federal property located within the boundaries of the recreation area may, with the concurrence of the agency having custody thereof, be transferred without consideration to the administrative jurisdiction of the Secretary for use by him in implementing the purposes of this Act. (c) I n exercising his authority to acquire lands by exchange the Secretary may accept title to non-Federal property within the recreation area ancl convey to the grantor of such property any federally owned property in the State of West Virginia under his jurisdiction. (d) The portion of the moneys paid to the State of West Virginia under the provisions of section 13 of the Act of March 1, 1911, as amended (16 U.S.C. 500), for expenditure for the benefit of Pendleton 38^stat^*44\"' and Grant Counties, West Virginia, may be expended as the State legislature may prescribe for the benefit of such counties for public schools, public roads, or other public purposes. SEC. 4. (a) After the Secretary acquires an acreage within the area t*^"ff°°nt"l"^^" designated pursuant to paragraph (1) of section 2 of this Act that d^^eiopmeni^ is in his opinion efficiently administrable to carry out the purposes of this Act, he shall institute an accelerated program of development of facilities for outdoor recreation. Said facilities shall be so devised

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Administration.

Hunting and fishing.

[79

STAT.

to take advantage of the topography and geographical location of the lands in relation to the growing recreation needs of the people of the United States. (b) The Secretary may cooperate with all Federal and State authorities and agencies that have programs which will hasten completion of the recreation area and render services which will aid him in evaluating and effectuating the establishment of adequate summer and winter outdoor recreation facilities. SEC. 5. The administration, protection, and development of the recreation area shall be by the Secretary of Agriculture in accordance with the laws, rules, and regulations applicable to national forests, in such manner as in his judgment will best provide for (1) public outdoor recreation benefits; (2) conservation of scenic, scientific, historic, and other values contributing to public enjoyment; and (3) such management, utilization, and disposal of natural resources as in his judgment will promote, or is compatible with, and does not significantly impair the purposes for which the recreation area is established. SEC, 6. The Secretary shall permit hunting and fishing on lands and waters under his jurisdiction within the Spruce Knob-Seneca Rocks National Recreation Area in accordance with applicable Federal and State laws. The Secretary may designate zones where, and establish periods when, no hunting shall be permitted for reasons of public safety, administration, or public use and enjoyment, and shall issue regulations after consultation with the Department of Natural Resources of the State of West Virginia. Approved September 28, 1965. Public Law 89-208

September 28, 1965

^^' ^^'"^^

District of Columbia. P e n a l t i e s for dishonored checks.

AN

ACT

To authorize the Commissioners of the District of Columbia to prescribe penalties for the handling and collection of dishonored checks.

Be it enacted by the Senute and House of Representatives of the United States of AmeHca in Co'ngress assembled, That the Commissioners of the District of Columbia are authorized and directed to prescribe and impose as a penalty, in addition to any other penalties provided by law, an amount to be paid by any person who gives or causes to be given a check in payment of any tax, assessment, fee, charge, or other obligation due the Government of the District of Columbia, and such check is subsequently dishonored or not duly paid. The amount of the penalty shall be prescribed from time to time by the Commissioners and shall be based on the approximate cost borne by the District of Columbia in handling and collecting such dishonored or unpaid checks. Upon imposition, such penalty shall be collected in the same manner as the original obligation due the District of Columbia and any receipt theretofore given in reliance upon such check shall be null and void and no other receipt shall be given for the payment of the original indebtedness until the penalty has also been paid. This Act shall not apply to a check which is not paid because of the death of the drawer thereof. Approved September 28, 1965.

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PUBLIC LAW 89-209-SEPT. 29, 1965

845

Public Law 89-209 AN ACT

To provide for the establishment of the National Foundation on the Arts and the Humanities to promote progress and scholarship in the humanities and the arts in the United States, and for other purposes.

September 29, 1965

^'

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Be it enacted by the Senate and House of Representatives of the National FounUnited States of Ainerwa in Congress assembled, That this Act may dation on the Arts be cited as the "National Foundation on the Arts and the Humanities and°he°Humaml Act of 1965".

ti«^ Act of 1965 DECLARATION OF PURPOSE

SEC. 2. The Congress hereby finds and declares— (1) that the encouragement and support of national progress and scholarship in the humanities and the arts, while primarily a matter for private and local initiative, is also an appropriate matter of concern to the Federal Government; (2) that a high civilization must not limit its efforts to science and technology alone but must give full value and support to the other great branches of man's scholarly and cultural activity; (3) that democracy demands wisdom and vision in its citizens and that it must therefore foster and support a form of education designed to make men masters of their technology and not its unthinking servant; (4) that it is necessary and appropriate for the Federal Government to complement, assist, and add to programs for the advancement of the humanities and the arts by local. State, regional, and private agencies and their organizations; (5) that the practice of art and the study of the humanities requires constant dedication and devotion and that, while no government can call a great artist or scholar into existence, it is necessary and appropriate for the Federal Government to help create and sustain not only a climate encouraging freedom of thought, imagination, and inquiry but also the material conditions facilitating the release of this creative talent; (6) that the world leadership which has come to the United States cannot rest solely upon superior power, wealth, and technology, but must be solidly founded upon worldwide respect and admiration for the Nation's high qualities as a leader in the realm of ideas and of the spirit; and (7) that, in order to implement these findings, it is desirable to establish a National Foundation on the Arts and the Humanities and to strengthen the responsibilities of the Office of Education with respect to education in the arts and the humanities. DEFINITIONS

SEC. 3. As used in this Act— (a) The term "humanities" includes, but is not limited to, the study of the following: language, both modern and classic; linguistics; literature; history; jurisprudence; philosophy; archeology; the history, criticism, theory, and practice of the arts; and those aspects of the social sciences which have humanistic content and employ humanistic methods. (b) The term "the arts" includes, but is not limited to. music (instrumental and vocal), dance, drama, folk art, creative writing, architecture and allied fields, painting, sculpture, photography, graphic and craft arts, industrial design, costume and fashion design, motion pictures, television, radi,o, tape and sound recording, and the arts

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[79 STAT.

related to the presentation, perforaiance, execution, and exliibition of such major art forms. (c) The term "production" means plays (with or without music), ballet, dance and choral performances, concerts, recitals, operas, exhibitions, readings, motion pictures, television, radio, and tape and sound recordings, and any other activities involving the execution or rendition of the arts and meeting such standards as may be approved by the National Endowment for the Arts established by section 5 of this Act. (d) The term "project" means programs organized to carry out the purposes of this Act, including programs to foster American artistic creativity, to commission works of art, to create opportunities for individuals to develop artistic talents when carried on as a part of a program otherwise included in this definition, and to develop and enhance public knowledge and understanding of the arts, and includes, where appropriate, rental, purchase, renovation, or construction of facilities, purchase or rental of land, and acquisition of equipment. (e) The term "group" includes any State or other public agency, and any nonprofit society, institution, organization, association, museum, or establishment in the United States, whether or not incorporated. (f) The term "workshop" means a production the primary purpose of which is to encourage the artistic development or enjoyment of amateur, student, or other nonprofessional participants. (g) The term "State" includes, in addition to the several States of the Union, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, and the Virgin Islands. ESTABLISHMENT OF A N A T I O N A L F O U N D A T I O N ON THE ARTS A N D THE HUMANITIES

SEC. 4. (a) There is established a National Foundation on the Arts and the Humanities (hereinafter referred to as the "Foundation"), which shall be composed of a National Endowment for the Arts, a National Endowment for the Humanities, and a Federal Council on the Arts and the Humanities (hereinafter established). (b) The purpose of the Foundation shall be to develop and promote a broadly conceived national policy of support for the humanities and the arts in the United States pursuant to this Act. (c) In the administration of this Act no department, agency, officer, or employee of the United States shall exercise any direction, supervision, or control over the policy determination, personnel, or curriculum, or the administration or operation of any school or other nonFederal agency, institution, organization, or association. ESTABLISHMENT OF THE N A T I O N A L ENDOWMENT FOR THE ARTS

SEC. 5. (a) There is established within the Foundation a National Endowment for the Arts. (b) The Endowment shall be headed by a Chairman, to be known as the Chairman of the National Endowment for the Arts. (c) The Chairman, with the advice of the Federal Council on the Arts and the Humanities and the National Council on the Arts, is authorized to establish and carry out a program of grants-in-aid to groups or, in appropriate cases, to individuals engaged in or concerned with the arts, for the purpose of enabling them to provide or support in the United States— (1) productions which have substantial artistic and cultural significance, giving emphasis to American creativity and the maintenance and encouragement of professional excellence;

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(2) productions, meeting professional standards or standards of autnenticity, irrespective of origin which are of significant merit and which, without such assistance, would otherwise be unavailable to our citizens in many areas of the country; (3) projects that will encourage and assist artists and enable them to achieve standards of professional excellence; (4) workshops that will encourage and develop the appreciation and enjoyment of the arts by our citizens; (5) other relevant projects, including surveys, research, and planning in the arts. (d)(1) I n addition to performing any of the functions, duties, and responsibilities prescribed by the National Arts and Cultural Development Act of 1984, Public Law 88-579, approved September 3, 1964, H uscVs •! note. the individual appointed under such Act as Chairman of the National Council on the Arts shall serve as the Chairman of the National Endowment for the Arts. In lieu of receiving compensation at the rate prescribed by section 6(c) of such Act, such individual serving as Chairman of the National Council on the Arts and Chairman of the National Endowment for the Arts shall receive compensation at the same rate prescribed by law for the Director of the National Science Foundation. (2)(A) The first sentence of section 6(b) of the National Arts and Cultural Development Act of 1964 is hereby amended to read as follows: "The term of office of the Chairman shall be four years, and the Chairman shall be eligible for reappointment." (B) The amendment made by clause (A) of this paragraph shall be applicable with respect to the Chairman holding office on the date of enactment of this Act and each Chairman holding office thereafter. (e) No payment may be made to any group under this section except upon application therefor which is submitted to the National Endowment for the Arts in accordance with regulations and procedures established by the Chairman. (f) The total amount of any grant to any group pursuant to subsection (c) of this section shall not exceed 50 per centum of the total cost of such project or production, except that not more than 20 per centum of the funds allotted by the National Endowment for the Arts for this purpose for any fiscal year may be available for such grants m that fiscal year without regard to such limitation in the case of any group which submits evidence to the Endowment that it has attempted unsuccessfully to secure an amount of funds equal to the grant applied for by such group, together with a statement of the proportion which any funds it has secured represent of the funds applied for by such group. (g) Any group shall be eligible for financial assistance pursuant to this section only if (1) no part of its net earnings inures to the benefit of any private stockholder or stockholders, or individual or individuals, and (2) donations to such group are allowable as a charitable contribution under the standards of subsection (c) of section 170 of the Internal Revenue Code of 1954. feljscVr?' (h)(1) The Chairman, with the advice of the Federal Council on the Arts and the Humanities and the National Council on the Arts, is authorized to establish and carry out a program of grants-in-aid to assist the several States in supporting existing projects and productions which meet the standards enumerated in section 5(c) of this Act, and in developing projects and productions in the arts in such a manner as will furnish adequate programs, facilities, and services in the arts to all the people and communities in each of the several States. (2) In order to receive such assistance in any fiscal year, a State shall submit an application for such grants prior to the first day of

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[79 STAT.

such fiscal year and accompany such application with a plan which the Chairman finds— (A) designates or provides for the establishment of a State agency (hereinafter in this section referred to as the "State agency") as the sole agency for the administration of the State plan, except that in the case of the District of Columbia the Recreation Board shall be the "State agency"; (B) provides that funds paid to the State under this subsection will be expended solely on projects and productions approved by the State agency which carry out one or more of the objectives of subsection (c); except that in the case of the first fiscal year in which the State is allotted funds after the enactment of this Act, a plan may provide that not to exceed $25,000 of such funds will be expended to conduct a study to plan the development of a State agency in the State and to establish such an agency; and (C) provides that the State agency will make such reports, in such form and containing such information, as the Chairman may from time to time require. (3) The funds appropriated pursuant to section 11(c) for any fiscal year shall be equally allotted among the States. (4) The amount of each allotment to a State for any fiscal year under this subsection shall be available to each State, which has a plan approved by the Chairman in effect on the first day of such fiscal year, to pay not more than 50 per centum of the total cost of any project or production described in paragraph (1), and to pay up to 100 per centum of the cost of conducting a study and establishing a State agency under paragraph (2)(B) of this subsection. (5) All amounts allotted under paragraph (3) for a fiscal year which are not granted to a State during such year shall be available at the end of such year to the National Endowment for the Arts for the purpose of carrying out section 5(c) to the extent that the value of gifts, bequests, and devises received by the Endowment under section 10(a)(2) exceeds amounts appropriated under the authority of section 11(b). (i) Whenever the Chairman, after reasonable notice and opportunity for hearing, finds that— (1) a group is not complying substantially with the provisions of this section; (2) a State agency is not complying substantially with the terms and conditions of its State plan approved under this section; or (3) any funds granted to a group or State agency under this section have been diverted from the purposes for which they were allotted or paid, the Chairman shall immediately notify the Secretary of the Treasury and the group or State agency with respect to which such finding WEis made that no further grants will be made under this section to such group or agency until there is no longer any default or failure to comply or the diversion has been corrected, or, if compliance or correction is impossible, until such group or agency repays or arranges the repayment of the Federal funds which have been improperly diverted or expended. (j) I t shall be a condition of the receipt of any grant under this section that the group or individual or the State or State agency receiving such grant furnish adequate assurances to the Secretary of Labor that (1) all professional performers and related or supporting professional personnel (other than laborers and mechanics with respect to whom labor standards are prescribed in subsection (k) of this section) employed on projects or productions which are financed in

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849

whole or in part under this section will be paid, without subsequent deduction or rebate on any account, not less than the minimum comjjensation as determined by the Secretary of Labor to be the prevailing minimum compensation lor persons employed in similar activities; and (2) no part of any project or production which is financed in whole or in part under this section will be performed or engaged in under working conditions which are unsanitary or hazardous or dangerous to the health and safety of the employees engaged in such project or production. Compliance with the safety and sanitary laws of the State in which the performance or part thereof is to take place shall be prima facie evidence of compliance. The Secretary of Labor shall have the authority to prescribe standards, regulations, and procedures as he may deem necessary or appropriate to carry out the provisions of this subsection. (k) I t shall be a condition of the receipt of any grant under this section that the group or individual or the State or State agency receiving such grant furnish adequate assurances to the Secretary of Labor that all laborers and mechanics employed by contractors or subcontractors on construction projects assisted under this section shall be paid wages at rates not less that those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a—2fr6a-5). 78'^sta5r'238!^^' 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. E. 3176; 5 U.S.C. 133Z-15) and section 2 of the Act of June 13, 1934, as amended ^4 Stat. i267. (40 U.S.C. 276c). ^ 63 Stat. 108. (1) The Chairman shall correlate the programs of the National Endowment for the Arts insofar as practicable, with existing Federal programs and with those undertaken by other public agencies or private groups, and shall develop the programs of the Endowment with due regard to the contribution to the objectives of this Act which can be made by other Federal agencies under existing programs. TRANSFER OF THE N A T I O N A L C O U N C I L ON THE ARTS

SEC. 6. (a) The National Council on the Arts, established by the National Arts and Cultural Development Act of 1964, and its functions are transferred from the Executive Office of the President to the National Endowment for the Arts. (b) The National Council on the A i t s shall, in addition to performing any of the duties and responsibilities prescribed by the National Arts and Cultural Development Act of 1964, (1) advise 78 Stat. 905. the Chairman with respect to policies, programs, and procedures for note."^^ ^'^^ carrying out his functions, duties, or responsibilities pursuant to the provisions of this Act, and (2) review applications for financial assistance made under this Act and make recommendations thereon to the Chairman. The Chairman shall not approve or disapprove any such application until he has received the recommendation of the Council on such application, unless the Council fails to make a recommendation thereon within a reasonable time. (c) The function of the Secretary of the Smithsonian Institution wath respect to serving as an ex officio member of the National Council on the Arts, now derived from section 5(a) of the National Arts and Cultural Development Act of 1964, is hereby abolished. (d)(1) The first sentence of section 5(a) of the National Arts and Cultural Development Act of 1964 is amended by striking out "twenty-four" and inserting in lieu thereof "twenty-six".

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PUBLIC LAW 89-209-SEPT. 29, 1965

(2) Clause (2) of the first sentence of section 5(b) of such Act is amended by inserting, immediately after "taking office", the following: "prior to May 31, 1965,". (3) The second sentence of section 7(a) of such Act is amended by striking out "Thirteen" and inserting "Fourteen". (4:) Section 7(d) of such Act is hereby repealed. (5) Section 10 of such Act is hereby repealed. (e) Except as inconsistent with the provisions of this Act, the provisions of the National Arts and Cultural Development Act of 1964 shall be applicable with respect to the Chairman and the National Council on the Arts insofar as necessary for, or incidental to, carrying out the objectives of this Act. ESTABLISHMENT OF THE NATIONAL ENDOWMENT FOR THE

63 Stat, 405,

[79 STAT.

HUMANITIES

SEC. 7. (a) There is established within the Foundation a National Endowment for the Humanities. (b)(1) The Endowment shall be headed by a chairman, who shall be appointed by the President, by and with the advice and consent of the Senate. The Chairman shall receive compensation at the rate prescribed by law for the Director of the National Science Foundation. (2) The term of office of the Chairman shall be four years, and the Chairman shall be eligible for reappointment. The provisions of this paragraph shall apply to any person appointed to fill a vacancy in the office of the Chairman. (c) The Chairman, with the advice of the Federal Council on the Arts and the Humanities and the National Council on the Humanities (hereinafter established), is authorized to— (1) develop and encourage the pursuit of a national policy for the promotion of progress and scholarship in the humanities: (2) initiate and support research and programs to strengthen the research potential of the United States in the humanities by making arrangements (including grants, loans, and other forms of assistance) with individuals or groups to support such activities; (3) award fellowships and grants to institutions or individuals for training and workships in the humanities. Fellowships awarded to individuals under this authority may be for the purpose of study or research at appropriate nonprofit institutions selected by the recipient of such aid, for stated periods of time; (4) foster the interchange of information in the humanities; (5J foster, through grants or other arrangements with groups, public understanding and appreciation of the humanities; and (6) support the publication of scholarly works in the humanities without regard to the provisions of section 87 of the Act of January 12, 1895 (28 Stat. 622), and section 11 of the Act of MaTch 1, 1919 (40-Stat. 1270; 44 U.S.C. I l l). (d) The Chairman shall correlate the programs of the National Endowment for the Humanities, insofar as practicable, with existing Federal programs and with those undertaken by other public agencies or private groups, and shall develop the programs of the Endowment with due regard to the contribution to the objectives of this Act which can be made by other Federal agencies under existing programs. (e) The total amount of any grant under subsection (c)(3) to any group engaging in workshop activities for which an admission or other charge is made to the general public shall not exceed 30 per centum of the total cost of such activities.

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PUBLIC LAW 89-209-SEPT. 29, 1%5

851

ESTABLISHMENT OF THE NATIONAL COUNCIL ON THE HUMANITIES

SEC. 8. (a) There is established in the National Endowment for the Humanities a National Council on the Humanities. (b) The Council shall be composed of the Chairman of the National Endowment on the Humanities, who shall be the Chairman of the Council, and twenty-six other members appointed by the President from private life. Such members shall be selected on the basis of distinguished service and scholarship or creativity and in a manner which will provide a comprehensive representation of the views of scholars and professional practitioners in the humanities and of the public throughout the United States. The President is requested in the making of such appointments to give consideration to such recommendations as may from time to time be submitted to him by leading national organizations concerned with the humanities. (c) Each member shall hold office for a term of six years, except that (1) the members first taking office shall serve, as designated by the President, nine for terms of two years, nine for terms of four years, and eight for terms of six years, and (2) any member appointed to fill a vacancy shall serve for the remainder of the term for which his predecessor was appointed. No member shall be eligible for reappointment during the two-year period following the expiration of his ternh (d) The Council shall meet at the call of the Chairman but not less often than twice during each calendar year. Fourteen members of the Council shall constitute a quorum. (e) Members not otherwise employed by the Federal Government shall receive compensation and be allowed travel expenses in the same manner as is provided in section 8 of Public Law 88-579 for the National Council on the Arts. (f) The Counciil shall (1) advise the Chairman with respect to policies, programs, and procedures for carrying out his functions, and (2) shall review applications for financial support and make recommendations thereon to the Chairman. The Chairman shall not approve or disapprove an application until he has received the Council s recommendation unless the Council fails to make a recommendation on the application within a reasonable time. ESTABLISHMENT OF THE FEDERAL COUNCIL ON THE ARTS AND THE HUMANITIES

SEC. 9. (a) There is established within the Foundation a Federal Council on the Arts and the Humanities. (b) The Council shall be composed of the Chairman of the National Endowment for the Arts, the Chairman of the National Endowment for the Humanities, the United States Commissioner of Education, the Secretary of the Smithsonian Institution, the Director of the National Science Foundation, the Librarian of Congress, the Director of the National Gallery of Art, the Chairman of the Commission of Fine Arts, and a member designated by the Secretary of State. The President shall designate the Chairman of the Council from among the members. The President is authorized to change the membership of the Council from time to time as he deems necessary to meet changes in Federal programs or executive branch organization. (c) The Council shall— (1) advise and consult with the Chairman of the National Endowment for the Arts and the Chairman of the National Endowment for the Humanities on major problems arising in carrying out the purposes of the Foundation;

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(2) coordinate, by advice and consultation, so far as is practicable, the policies and operations of the National Endowment for the Arts and the National Endowment for the Humanities, including joint support of activities, as appropriate; (3) promote coordination between the programs and activities of the Foundation and related programs and activities of other Federal agencies; and (4) plan and coordinate appropriate participation (including productions and projects) in major and historic national events. ADMINISTRATIVE PROVISIONS

SEC. 10. (a) In addition to any authorities vested in them by other provisions of this Act, the Chairman of the National Endowment for the Arts and the Chairman of the National Endowment for the Humanities, in carrying out their respective functions, shall each have authority— (1) to prescribe such regulations as he deems necessary governing the manner in which his functions shall be carried out; (2) to receive money and other property donated, bequeathed, or devised, without condition or restriction other than that it be used for the purposes of the Foundation or one of its Endowments, to the National Endowment for the Arts, or the National Endowment for the Humanities; and to use, sell, or otherwise dispose of such property for the purpose of carrying out sections 5(c) and 7 (c) and for the purpose of carrying out the functions transferred by section 6(a) of this Act; (3) in the discretion of the Chairman of an Endowment, to receive (and to use, sell, or otherwise dispose of, in accordance with paragraph (2)) money and other property donated, bequeathed, or devised to that Endowment with a condition or restriction, including a condition that the Chairman use other funds of that Endowment for the purposes of the gift; (4) appoint employees, subject to the civil service laws, as necessary to carry out his functions, define their duties, and supervise and direct their activities; (5) utilize from time to time, as appropriate, experts and consultants, including panels of experts, who may be employed as authorized by section 15 of the Administrative Expenses Act of 60 Stat. 810. 1946, as amended (5 U.S.C. 55a); (6) accept and utilize the services of voluntary and uncompensated personnel and reimburse them for travel expenses, including 60 Stat. 808; p^r diem, as authorized by law (5 U.S.C. 73b-2) for persons in ^ *^^*' ^' °" the Government service employed without compensation; (7) rent office space in the District of Columbia; and (8) make other necessary expenditures. I n any case in which any money or other property is donated, bequeathed, or devised to the Foundation (A) without designation of the Endowment for the benefit of which such property is intended, and (B) without condition or restriction other than that it be used for the purposes of the Foundation, such property shall be deemed to have been donated, bequeathed, or devised in equal shares to each Endowment within the scope of paragraph (2) of this subsection, and each Chairman of an Endowment shall have authority to receive such property under such paragraph. I n any case in which any money or other property is donated, bequeathed, or devised to the Foundation with a condition or restriction similar to a condition or restriction covered by paragraph (3) of this subsection, such property shall be deemed to have been donated, bequeathed, or devised, within the scope

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of such paragraph, to that Endowment whose function it is to carry out the purpose or purposes described or referred to by the terms of such condition or restriction, and each Chairman of an Endowment shall have authority to receive such property under such paragraph. For the purposes of the preceding sentence, if one or more of the purposes of such a condition or restriction is covered by the functions of both Endowments, or if some of the purposes of such a condition or restriction are covered by the functions of one Endowment and other of the purposes of such a condition or restriction are covered by the functions of the other Endowment, the Federal Council on the Arts and the Humanities shall determine an equitable manner for distribution between each of the Endowments of the property so donated, bequeatlied, or devised. For the purposes of the income tax, gift tax, and estate tax laws of the United States, any money or other property donated, bequeathed, or devised to the Foundation or one of its Endowments and received by the Chairman of an Endowment pursuant to authority derived tmder this subsection shall be deemed to have been donated, bequeathed, or devised to or for the use of the United States. (b) The Chairman of the National p:ndowment for the Arts and./^P°'"Vr ^'•^^" the Chairman of the National Endowment tor the Humanities shall gress. each submit an annual report to the President for transmittal to the Congress on or before the loth day of January of each year. The I'eport shall summarize the activities of the Endowment for the preceding year, and may include such recommendations as the Chairman deems appropriate. (c) The National Council on the Arts and the National Council on.^^?°'"V° P'^^' \ /

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.

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1

1

•

1

ident and Con-

the Humanities, respectively, may each submit an annual report to gress, the President for transmittal to the Congress on or before the 15th day of January of each year setting forth a summary of its activities during the preceding year or its I'ecommendations for any measures which it consider necessary or desirable. AUTIIORJZA'ilOX OF A1»PKPKIATKJNS

SEC. 11. (a) For the purpose of carrying out sections 5(c) and 7(c) and the functions transferred by section H(a) of this Act, there is authorized to be appropriated for the fiscal year ending June 30, 1966, and each of the two succeeding fiscal years the sum of $10,000,000; but for the fiscal year ending June 80, 1969, and each subsequent fiscal year,, only such sums may be ap]:)ropriated as the (Congress may hereafteiauthorize by law. Sums appropriated under the authority of this subsection shall be equally divided between the Endowments of the Foundation, and shall remain available until expended. (b) I n addition to the sums authorized by subsection (a), there is authorized to be appropriated to each Endowment an amount equal to the total of amounts received by that Endowment under section 10(a)(2) of this Act, except that amounts appropriated to the National Endowment for the Arts under this subsection may not exceed $2,250,000 for any fiscal year, and amounts appropriated to the National Endowment for the Humanities under this subsection may not exceed $5,000,000 for any fiscal year. Amounts appropriated to an Endowment under this subsection shall remain available until expended. (c) There is hereby authorized to be appropriated to the National Endowment for the Arts the sum of $2>,750,00 for each fiscal year, beginning with the fiscal year beginning on July 1, 1966, for the purposes of section 5(h). Sums appropriated under this subse^'tion aliaII remain available until expended. (d) There are authorized to be appropriated such sums as may by. necessary to administer the provisions of this Act.

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 854

PUBLIC LAW 89-209-SEPT. 29, 1965

[79 STAT.

(e) No grant shall be made to a workshop (other than a workshop conducted by a school, college, or university) for a production for which a direct or indirect admission charge is asked if the proceeds, after deducting reasonable costs, are used for purposes other than assisting the grantee to develop high standards of artistic excellence or encourage greater appreciation of the arts and humanities by our citizens. F I N A N C I A L ASSISTANCE FOR S T R E N G THE N I N G INSTRUCTION I N THE H U M A N I T I E S AND THE ARTS

77 Stat. 416.

S E C 12. (a) There is authorized to be appropriated to the Commissioner of Education for the fiscal year ending June 30, 1966, and each of the two succeeding years the sum of $500,000; but for the fiscal year ending on June 30, 1969, and each subsequent fiscal year, only such sums may be appropriated as the Congress may hereafter authorize by law. Such sums shall be used for (1) making payments to State educational agencies under this section for the acquisition of equipment (suitable for use in providing education in the humanities and the arts) and for minor remodeling described in subsection (c)(1) of this section, and (2) making loans authorized in subsection (f) of this section. (b) Sums appropriated pursuant to subsection (a) shall be allotted in the same manner as provided in subsections (a) and (c) of section 302 of the National Defense Education Act of 1958, as amended (72 Stat. 1588; 20 U.S.C. 442). (c) Any State which desires to receive payments under this section shall submit to the Commissioner of Education through its State educational agency a State plan which meets the requirements of section 1004(a) of the National Defense Education Act of 1958, as amended (72 Stat. 1603; 20 U.S.C. 584), and— (1) sets forth a program under which funds paid to the State from its allotment under subsection (b) of this section will be expended solely for projects approved by the State educational agency for (A) acquisition of special equipment (other than supplies consumed in use), including audiovisual materials and equipment, and printed and published materials (other than textbooks), suitable for use in providing education in the humanities and the arts, and (B) minor remodeling of laboratory or other space used for such materials or equipment; (2) sets forth principles for determining the priority of such projects in the State for assistance under this section and provides for undertaking such projects, insofar as financial resfouroes available therefor make possible, in the order determined by the application of such principles; (3) provides an opportunity for a hearing before the State educational agency to any applicant for a project under this section; and (4) provides for the establislunent of standards on a State level for special equipment acquired with assistance furnished under this section. (d) The Commissioner shall approve any State plan and any modification thereof which complies with the provisions of subsection (c) of this section and the provisions of subsctions (b) and (c) of section 1004 of the National Defense Education Act, as amended (72 Stat. 1603; 20 U.S.C. 584), shall apply to this section in the same manner as applicable to State plans under that Act.

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Page:United States Statutes at Large Volume 79.djvu/895

 79 STAT. ]

PUBLIC LAW 89-210-SEPT. 29, 1965

855

(e) Payments to States from allotments made under subsection (b) shall be made in the same manner as provided in section 304 of the National Defense Education Act of 1968, as amended (72 Stat. 1589;20 U.S.C. 444). (f) The Commissioner shall allot and administer loans to nonprofit private schools in the same manner as provided in section 305 of the National Defense Education Act of 1968, as amended (72 Stat. 1690; 20 U.S.C. 445). TEACHER TRAINING INSTITUTES

SEC. 13. (a) There is authorized to be appropriated to the Commissioner of Education for the fiscal year ending June 30, 1966, and each of the two succeeding years the sum of $500,000; but for the fiscal year ending on June 30, 1969, and each subsequent fiscal year, only such sums may be appropriated as the Congress may hereafter authorize by law. Such sums shall be used to enable the Commissioner of Education to arrange, through grants or contracts, with institutions of higher education for the operation by them within the United States of short term or regular session institutes for advanced study, including study in the use of new materials, to improve the (lualification of individuals who are engaged in or preparing to engage in the teaching or supervising or training of teachers, of such subjects as will, in the judgment of the Commissioner, after consultation with the Chairman of the National Endowment for the Humanities, strengthen the teaching of the humanities and the arts in elementary and secondary schools. (b) Each individual who attends an institute operated under the provisions of this part shall be eligible (after application therefor) to receive a stipend at the rate of $76 per week for the period of his attendance at such institute, and each such individual with one or more dependents shall receive an additional stipend at the rate of $16 per week for each such dependent. PRESIDENTIAL APPOINTMENTS

SEC. 14. The President is requested to make such appointments (including any nomination) as are provided for in this Act within ninety days after the enactment of this Act. Approved September 29, 1965. Public Law 89-210 AN ACT To amend section 170 of the Atomic Energy Act of 1954, a s amended.

September 29,, 1965 ^^' ^"'^^ I

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection 170 A^*of"i9M"^'^^^ c. of the Atomic Energy Act of 1954, as amended, is amended to read amendment.' as follows: I^ f^oA'"'• •

•

42 USC 22in

"c. The Commission shall, with respect to licenses issued Aggregate in. between August 30, 1954, and August 1, 1977, for which it requires demnity. financial protection, agree to indemnify and hold harmless the licensee and other persons indemnified, as their interest may appear, from public liability arising from nuclear incidents which is in excess of the level of financial protection required of the licensee. The aggregate indemnity for all persons indemnified in connection with each nuclear incident shall not

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Page:United States Statutes at Large Volume 79.djvu/896

 856

PUBLIC LAW 89-210-SEPT. 29, 1965

[79 STAT.

exceed $500,000,000 including the reasonable costs of investigating and settling claims and defending suits for damage: Provided, however, That this amount of indemnity shall be reduced by the amount that the financial protection required shall exceed $60,000,000. Such a contract of indemnification shall cover public liability arising out of or in connection with the licensed activity. With respect to any production or utilization facility for which a construction permit is issued between August 30, 1954, and August 1, 1977, the requirements of this subsection shall apply to any license issued for such facility subsequent to August 1, 1977." SEC. 2. The first two sentences of subsection 170 d. of the Atomic Energy Act of 1954, as amended, are amended to read as follows: Indemnification "In addition to any other authority the Commission may have, agreements. the Commission is authorized until August 1, 1977, to enter into agreements of indemnificaition with its contractors for the construction or operation of production or utilization facilities or other activities under contracts for the benefit of the United States involving activities under the risk of public liability for a substantial nuclear incident. In such agreements of indemnification the Commission may require its contractor to provide and maintain financial protection of such a type and in such amounts as the Commission shall determine to be appropriate to cover public liability arising out of or in connection with the contractual activity, and shall indemnify the persons indemnified against such claims above the amount of the financial protection required, in the amount of $500,000,000, including the reasonable costs of investigating and settling claims and defending suits f,or damage in the aggregate for all persons indemnified in connection with such contract and for each nuclear incident: Provided, That this amount of indemnity shall be reduced by the amount that the financial protection required shall exceed $60,000,000: Provided further, That in the case of nuclear incidents occurring outside the United States, the amount of the indemnity provided by the Commission shall not exceed $100,000^000." SEC. 3. The first sentence of subsection 170 e. of the Atomic Energy 76 Stat. 410. Act of 1954, as amended, is amended to read as follows: Aggregate liabii"The aggregate liability for a single nuclear incident of perities. sons indemnified, including the reasonable costs of investigating and settling claims and defending suits for damage, shall not exceed the sum of $500,000,000 together with the amount of financial protection required of the licensee or contractor: Provided, however, That such aggregate liability shall in no event exceed the sum of $560,000,000: Provided further, That with respect to any nuclear incident occurring outside of the United States to which an agreement of indemnification entered into under the provisions of subsection 170 d. is applicable, such aggregate liability shall not exceed the amount of $100,000,000 together with the amount of financial protection required of the contractor." SEC. 4. Subsection 170 k. of the Atomic Energy Act of 1954, as 72 Stat. 837; amended, is amended by striking out the date "August 1, 1967" wher^^42 USC^ 2210. ^'^^'^ ^t appears and inserting in lieu thereof the date "August 1, 1977". SEC. 5. Subsection 170 1. of the Atomic Energy Act of 1954, as 72 Stat. 525. amended, is amended to read as follows: Nuclear ship, "1. Xhc Commissioii is authorized until August 1, 1977, to enter Savannah. -^^^^ ^^ agreement of indemnification with any person engaged in the design, development, construction, operation, repair, and maintenance or use of the nuclear-powered ship authorized by section 46 USC Uoh ^^^ ^^ *^® Merchant Marine Act, 1936, and designated the 'nuclear ship Savannah'. I n any such agreement of indemnification the

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 79 STAT. ]

PUBLIC LAW 89-211-SEPT. 29, 1965

857

Commission may require such person to provide and maintain financial protection of such a type and in such amounts as the Commission shall determine to be appropriate to cover public liability arising from a nuclear incident in connection with such design, development, construction, operation, repair, maintenance or use and shall indemnify the person indemnified against such claims above the amount of the financial protection required, in the amount of $500,000,000 including the reasonable costs of investigating and settling claims and defending suits for damage in the aggregate for all persons indemnified in connection with each nuclear incident: Provided, That this amount of indemnity shall be reduced by the amount that the financial protection required shall exceed $60,000,000." Approved September 29, 1965. Public Law 89-211 AJN A U i

September 29, 1965

To amend the Act of July 2, 1954, relating to office space in the districts of Members of the House of Representatives, and the Act of June 27, 1956, relating to office space in the States of Senators.

[H. R. IQQU]

Be it enacted by the Senate and House of Representatives of the Members United States of America in Congress assembled, That (a) the third ^ o n g r e s s. of C sentence of the eighteenth paragraph under the subheading "Con- "office"space in tingent Expenses of the House" under the heading " H O U S E O F ^ome districts. REPRESENTATIVES " in the Legislative Appropriation Act, 1955 (2 U.S.C. 122), is amended by striking out "$1,200" and inserting in ^^ ^*^*- " 2. lieu thereof "$2,400", and the last sentence of such paragraph is amended by striking out "the Delegate from Alaska, the Delegate from Hawaii," and by striking out "Alaska, Hawaii,". (b) The second paragraph under the subheading "Administrative Provisions" under the heading " S E N A T E " in the Legislative Branch Appropriation Act, 1957 (2 U.S.C. 52), is amended to read as follows: ^° ^*^'' ^^^• "Each Senator shall be entitled to office space suitable for his official use at not more than two places designated by him in the State he represents. The Sergeant at Arms is authorized and directed to secure for each Senator such suitable office space in post offices or other Federal buildings at the places designated by each Senator in the State he represents: Provided, That in the event suitable space is not available in post offices or other Federal buildings at one or both of the places designated by a Senator within his State, such Senator may lease or rent other office space for the purpose at such place or places, and the Sergeant at Arms shall approve for payment from the contingent fund of the Senate vouchers covering bona fide statements of rentals due in an amount not exceeding $2,400 for any fiscal year for such Senator." SEC. 2. The amendments made by the first section of this Act shall Elective date. take eflfect on the first day of the first month which begins after the date of enactment of this Act. Approved September 29, 1965.

49-850 0-66—57

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Page:United States Statutes at Large Volume 79.djvu/898

 PUBLIC LAW 89-212-SEPT. 29, 1965

858

[79 STAT.

Public Law 89-212 September 29, 1965 [H. R. 10874]

Railroad Retirement Act of 1937 and Railroad Retirement T a x Act, amendments.

AN ACT To amend the Railroad Retirement Act of 1937 and the Railroad Retirement Tax Act to eliminate certain provisions which reduce spouses' annuities, to provide coverage for tips, to increase the base on which railroad retirement benefits and taxes are computed, and to change the railroad retirement tax rates.

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

of the

SPOUSES' A N N U I T I E S

1. Subsection (e) of section 2 of the Railroad Eetirement Act of 1937 (45 U.S.C. 228b (e)) is amended by changing the colon before the last proviso to a period and by striking out all that follows down through the period at the end of such subsection. SECTION

65 Stat. 683.

COVEllAGE OF T I P S

68A Stat. 4 3 1. 26 USC 3202.

Ante, p. 384. Post,

p. 859.

SEC. 2. (a)(1) Subsection (a) of section 3202 of the Internal Revenue Code of 1954 (relating to deduction of tax from compensation) is amended by adding at the end thereof the following new sentence: "An employer who is furnished by an employee a, written statement of tips (received in a calendar month) pursuant to section 6053(a) to which paragraph (3) of section 3231(e) is applicable may deduct an amount equivalent to such tax with respect to such tips from any compensation of the employee (exclusive of tips) under his control, even though at the time such statement is furnished the total amount of the tips included in statements furnished to the employer as having been received by the employee in such calendar month in the course of his employment by such employer is less than $20.'' (2) Such section 3202 is amended by adding at the end thereof the following new subsection: "(c)

Post,

p. 861.

Quarterly e s t i mates; deductions.

SPECIAL RULE FOR T I P S. —

"(1) In the case of tips which constitute compensation, subsection (a) shall be applicable only to such tips as are included in a written statement furnished to the employer pursuant to section 6053(a), and only to the extent that collection can be made by the employer,fat or after the time such statement is so furnished and before the close of the 10th day following the calendar month (or, if paragraph (3) applies, the 30th day following the quarter) in which the tips were deemed paid, by deducting the amount of the tax from such compensation of the employee (excluding tips, but including funds turned over by the employee to the employer pursuant to paragraph (2)) as are under control of the employer. "(2) If the tax imposed by section 3201, with respect to tips which are included in written statements furnished in any month to the employer pursuant to section 6053(a), exceeds the compensation of the employee (excluding tips) from which the employer is required to collect the tax under paragraph (1), the employee m a j furnish to the employer on or before the 10th day of the'following month (or, if paragraph (3) applies, on or before the 30th day of the following quarter) an amount of money equal to the amount of the excess. "(3) The Secretary or his delegate maj-, under regulations prescribed by him, authorize employers—

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Page:United States Statutes at Large Volume 79.djvu/899

 79 STAT. ]

PUBLIC LAW 89-212-SEPT. 29, 1965

859

"(A) to estimate the amount of tips that will be reported by the employee pursuant to section 6053(a) in any quarter Ante, p. 384. of the calendar year, "(B) to determine the amount to be deducted upon each payment of compensation (exclusive of tips) during such quarter as if the tips so estimated constituted actual tips so reiw)rted, and "(C) to deduct upon any payment of compensation (other than tips, but including funds turned over by the employee to the employer pursuant to paragraph (2)) to such employee during such quarter (and within 30 days thereafter) such amount as may be necessary to adjust the amount actually deducted upon such compensation of the employee during the quarter to the amount required to be deducted in respect of tips included in written statements furnished to the employer during the quarter. "(4) If the tax imposed by section 3201 with respect to tips ^°^'' ^- ^^^' which constitute compensation exceeds the portion of such tax which can be collected by the employer from the compensation of the employee pursuant to paragraph (1) or paragraph (3), such excess shall be paid by the employee." (b)(1) The second sentence of subsection (e)(1) of section 3231 of such Code (relating to definition of compensation for purposes of the ll%l^c\23i' Railroad Retirement Tax Act) is amended by inserting "(except as is provided under paragraph (3))" after "tips. (2) Subsection (e) of such section 3231 is further amended by adding at the end thereof the following new paragraph: " (3) Solely for purposes of the tax imposed by section 3201 and other provisions of this chapter insofar as they relate to such tax, the term 'compensation' also includes cash tips received by an employee in any calendar month in the course of his employment by an employer unless the amount of such cash tips is less than $20." (3) Such section 3231 is further amended by adding at the end thereof the following new subsection: "(h)

TIPS CONSTITUTING COMPENSATION, TIME DEEMED PAID.—For

purposes of this chapter, tips which constitute compensation for purposes of the tax imposed under section 3201 shall be deemed to be paid at the time a written statement including such tips is furnished to the employer pursuant to section 6053(a) or (if no statement including such tips is so furnished) at the time received; and tips so deemed to be paid in any month shall be deemed paid for services rendered in such month." (c) Section 3402(k) of such Code (relating to income tax collected at source on tips) is amended (1) by inserting "or section 3202(c)(2)" after "section 3102(c)(2)" and (2) by inserting "or section 3202(a)" after "section 3102(a)". (d)(1) Section 6053(a) of such Code (relating to reports of tips by employees) is amended by inserting "or which are compensation (as defined in section 3231(e))" after "or section 3401(a))". (2) Section 6053(b) of such Code (relating to statements furnished by employers) is amended (A) by inserting "or section 3201 (as the case may be)" after "section 3101", and (B) by inserting "or section 3202 (as the case may be)" after "section 3102^'. (e) Section 6652(c) of such Code (relating to failure to report tips) is amended (1) by inserting "or which are compensation (as defined in section 3231(e))" after "which are wages (as defined in section 3121(a))", and (2) by inserting "or section 3201 (as the case may be)" after "section 3101'\

^""' P- ^*'*-

^"'^' p- •^^^^

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Page:United States Statutes at Large Volume 79.djvu/900

 860

PUBLIC LAW 89-212-SEPT. 29, 1965

50 Stat. 309 45 USC 2283.

Ante,

p. 384.

[79 STAT.

(f)(1) Subsection (h) of section 1 of the Railroad Retirement Act 9^ l?^'^ ^^ amended (A) by inserting " (1) " after " (h) ", (B) by inserting in the second sentence thereof " (except as is provided under paragraph (2)) " after "tips", and (C) by adding at the end thereof the following new paragraphs: " (2) Solely for purposes of determining amounts to be included in the compensation of an individual who is an employee (as defined in subsection (b)) the term 'compensation' shall (subject to section 3(c)) also include cash tips received by an employee in any calendar month in the course of his employment by an employer unless the amount of such cash tips is less than $20. "(3) Tips included as compensation by reason of the provisions of paragraph (2) shall be deemed to be paid at the time a written statement including such tips is furnished to the employer pursuant to section 6053(a) of the Internal Revenue Code of 1954 or (if no statement including such tips is so furnished) at the time received; and tips so deemed to be paid in any month shall be deemed paid for services rendered in such month." INCREASE IN BASE FOE BENEFIT COMPUTATION PURPOSES

45 USC' V^c"

^^"uscT^s iV/" 60 Stat. 728."

77^stat^^22^^' 45 USC 22*8e.

65 Stat, 689.

Ante, p. 400.

SEC. 3. (a) Subsection (a) of section 3 of the Railroad Retirement -S^^pi 1937 is amended by striking out "the next $300" and inserting in lieu thereof the following: "the remainder up to a total of (i) $450, or (ii) an amount equal to one-twelfth of the current maximum annual taxable 'wages' as defined in section 3121 of the Internal Reve^^^ Code of 1954, whichever is greater". (b) The second sentence oi subsection (c) of such section 3 is amended by inserting before ", shall be recognized" the following: "and before the calendar month next following the cale^ndar month in vzhich this Act was amended in 1965, or in excess of (i) $450, or (ii) an amount equal to one-twelfth of the current maximum annual taxable 'wages' as defined in section 3121 of the Internal Revenue Code of 1954, whichever is greater, for any calendar month after the month in which this Act was so amended". ^^^ Subsection (f)(2) of section 5 of such Act is amended by inserting after "so amended" where it appears the second time in the first parenthetical phrase after clause (vi) the following: "and before the calendar month next following the month in which this Act was amended in 1965, and in excess of (i) $450, or (ii) an amount equal to one-twelfth of the current maximum annual taxable 'wages' as defined in section 3121 of the Internal Revenue Code of 1954, whichever is greater, for any month after the month in which this Act was so amended". (d) Subsection (1)(9) of section 5 of such Act is amended— (1) by striking out "and" where it appears the fourth time and inserting in lieu thereof a comma; (2) by inserting after "so amended" where it appeal's the second time the following: "and before the calendar month next following the calendar month in which this Act was amended ''in 1965, and any excess over (i) $450, or (ii) an amount equal to one-twelth of the current maximum annual taxable 'wages' as defined in section 3121 of the Internal Revenue Code of 1954, whichever is greater, for any calendar month after the month in which this Act was so amended"; (3) by Striking out "$6,600" both times it appears in such subsection and inserting in lieu thereof "an amount equal to the current maximum annual taxable 'wages' as defined in section 3121 of the Internal Revenue Code of 1954'*: and

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Page:United States Statutes at Large Volume 79.djvu/901

 79 STAT. ]

PUBLIC LAW 89-212-SEPT. 29, 1965

(4) by striking out "$450" where it appears the second time and inserting in lieu thereof " (i) $450, or (ii) an amount equal to one-twelfth of the current maximum annual taxable 'wages' as defined in section 3121 of the Internal Revenue Code of 1954, whichever is greater,", (e) Subsection (1) (10) of section 5 of such Act is amended by striking out "$450" and inserting in lieu thereof " (i) $450, or (ii) an amount equal to one-twelfth of the current maximum annual taxable 'wages' as defined in section 3121 of the Internal Revenue Code of 1954, whichever is greater".

861

68A Stat. 417. 26 USC 3121.

JJ^^^J^^^JQ"^'

45 USC'228e,

INCREASE IN BASE FOR TAX PURPOSES

SEC. 4. Sections 3201, 3202, 3211, and 3221 of the Internal Revenue Code of 1954 (relating to taxes under the Railroad Retirement Tax ^e us^c 32oi ^^^ Act) are each amended by inserting after the phrase "or $450 for any 3202, 3211, 3221. calendar month after the month in which this provision was so amended", wherever such phrase appears in such sections, the following: "and before the calendar month next following the calendar month in which this provision was amended in 1965, or (i) $450, or (ii) an amount equal to one-twelfth of the current maximum annual taxable 'wages' as defined in section 3121 of the Internal Revenue Code of 1954, whichever is greater, for any month after the month in which this provision was so amended". C H A N G E S I N TAX RATES

SEC. 5. (a) Section 3201 of the Internal Revenue Code of 1954 73 Stat. 23. (relating to rate of tax on employees under the Railroad Retirement Tax Act) is amended by striking out paragraphs (1) and (2) and inserting in lieu thereof the following: " (1) 61/4 percent of so much of the compensation paid to such employee for services rendered by him after September 30, 1965, " (2) QV2 percent of so much of the compensation paid to such employee for services rendered by him after December 31, 1965, "(3) 6% percent of so much 01 the compensation paid to such employee for services rendered by him after December 31, 1966, "(4) 7 percent of so much of the compensation paid to such employee tor services rendered by him after December 31, 1967, and "(5) 714 percent of so much of the compensation paid to such emplovee for services rendered by him after December 31, 1968,". (b) Section 3211 of such Code (relating to rate of tax on employee representatives under the Railroad Retirement Tax Act) is amended by striking out paragraphs (1) and (2) and inserting in lieu thereof the following: "(1) 121/2 percent of so much of the compensation paid to such emplovee representative for services rendered by him after September 30, 1965, "(2) 13 percent of so much of the compensation paid to such employee representative for services rendered by him after December 31, 1965, "(3) 131/^ percent of so much of the compensation paid to such employee representative for services rendered by him after December 31, 1966, "(4) 14 percent of so much of the compensation paid to such employee representative for services rendered by him after December 31, 1967, and

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Page:United States Statutes at Large Volume 79.djvu/902

 862

73 stau 29^ 26 USC 3221. "' """

PUBLIC LAW 89-212-SEPT. 29, 1965

[79 STAT.

"(5) 141/^ percent of so much of the compensation paid to such employee representative for services rendered by him after December 31, 1968,". (c) Section 3221(a) of such Code (relating to rate of tax on employers under the Railroad Retirement Tax Act) is amended by striking out paragraphs (1) and (2) and inserting in lieu thereof the following: "(1) 6% percent of so much of the compensation paid by such employer for services rendered to him after September 30, 1965, (2) 614 percent of so much of the compensation paid by such employer for services rendered to him after December 31, 1965, "(3) 6% percent of so much of the compensation paid by such employer for services rendered to him after December 31, 1966, "(4) 7 percent of so much of the compensation paid by such employer for services rendered to him after December 31, 1967, and "(5) 7 ^ percent of so much of the compensation paid by such employer for services rendered to him after December 31, 1968,". EFFECTIVE DATES

65 ustau228b. 683^ 45 s e

SEC. 6. The amendments made by sections 1 and 3 of this Act shall take effect with respect to annuities accruing and deaths occurring in months after the month in which this Act is enacted, and shall apply also to annuities paid in lump sums equal to their commuted value because of a reduction in such annuities under section 2(e) of the Railroad Retirement Act of 1937, as in effect before the amendments made by this Act, as if such annuities had not been paid in such lump sums: Provided, however, That the amounts of such annuities which were paid in lump sums equal to their commuted value shall not be included in the amount of annuities which become payable by reason of section 1 of this Act. The amendments made by section 2 of this Act shall apply only with respect to tips received after 1965. The amendments made by section 4 of this Act shall apply only with respect to calendar months after the month in which this Act is enacted. The amendments made by section 5 of this Act shall apply only with respect to compensation paid for services rendered after September 30, 1965. Approved September 29, 1965.

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Page:United States Statutes at Large Volume 79.djvu/903

 79 STAT. ]

PUBLIC LAW 89-213-SEPT. 29, 1965

863

Public Law 89-213 AN ACT

September 29, 1965

Making appropriations for the Department of Defense for the fiscal year ending —L_:—— June 30, 1966, and for other puriK)ses.

i—

Be if, enacted by the Senate and House of Representatives of the United States of America in Congress a^'isembled^ That the following Defense* Approsums are appropriated, out of any money in the Treasury not other- priation Act, 1966. wise appropriated, for the fiscal year ending June 30,1^66, for military functions administered by the Department of Defense, and for other purposes, namely: TITLE I MILITARY PERSONXEL MILITARY PERSONNEL, A R M Y

For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Army on active duty (except members of reserve components provided for elsewhere); $4,092,291,000, and, in addition $240,000,000 of which $210,000,000 shall be derived by transfer from the Army stock fund and the Defense stock fund and $30,000,000 shall be derived by transfer from the Army industrial fund: Provided, That not to exceed $12,300j000 of the unobligated balance of the appropriation made under this head for the fiscal year 1963, and subsequently withdrawn under the Act of July 25j 1956 (31 U.S.C. 701), may be restored and transferred to the appropriation accounts under this head for the fiscal years 1956, 1957, and 1961. MILITARY PERHONNEI^, XAVY

For pay, allowances, individual clothing, subsistencej interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Navy on active duty (except members of the Reserve provided for elsewhere), midshipmen, and aviation cadets; $3,055,000,000, and, in addition $120,000,000 which shall be derived by transfer from the Navy stock fund and the Defense stock fund. MILITARY PERSONNEL, MARINE CORPS

For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses 01 temporary duty travel between permanent duty stations, for members of the Marine Corps on active duty (except members of the Reserve provided for elsewhere); $749,900,000, and, in addition $25,000,000 which shall be derived by transfer from the Marine Corps stxxjk fund and the Defense stock fund. MILITARY PERSONNEL, A I R FORCE

For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members

'"' ^*^*- ^'^'^•

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text:
Page:United States Statutes at Large Volume 79.djvu/904

 864

70 Stat. 647.

PUBLIC LAW 89-213-SEPT. 29, 1965

[79 STAT.

of the Air Force on active duty (except members of reserve components provided for elsewhere), cadets, and aviation cadets; $4,393,800,000, and, in addition $85,000,000 which shall be derived by transfer from the Air Force stock fund and the Defense stock fund: Provided, That not to exceed $45,800,000 in the aggregate of the unobligated balances of appropriations made under this head for the fiscal years 1961 and 1962, and subsequently withdrawn under the ^ o t of July 25, 1956 (31 U.S.C. 701), may be restored and transferred to the appropriation accounts under this head for the fiscal years 1958 and 1959. RESERVE PERSONNEL, ARMY

70A Stat. 11, 161.

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Arary Reserve on active duty under sections 265 and 3033 of title 10, United States Code, or while undergoing reserve training or while performing drills or equivalent duty, and for members of the Reserve Officers' Training Corps, as authorized by law; $238,600,000: Provided, That the Army Reserve will be programed to attain an end strength of two hundred seventy thousand for fiscal year 1966. RESERVE PERSONNEL, NAVY

F|Or pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Naval Reserve on active duty under section 265 of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, regular and contract enrollees in the Naval Reserve Officers' Training Corps, and retainer pay, as autli,orized by law; $105,100,000. RESERVE PERSONNEL, MARINE CORPS

F,or pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Marine Corps Reserve and the Marine Corps platoon leaders class on active duty under section 265 of title 10, United State Code, or while undergoing reserve training, or while performing drills or equivalent duty, as authorized by law; $33,000,000. RESERVE PERSONNEL, A I R FORCE

70A Stat. 491.

F,or pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air Force Reserve on active (juty under section 265 or 8033 of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and f,or members of the Air Reserve Officers' Training Corps, as authorized by law; $60,500,000. NATIONAL GUARD PERSONNEL, ARMY

70A Stat. 198,

614

70A Stat. 599.

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army National Guard while on duty under sections 265, 3033, or 3496 of title 10 or section 708 of title 32, United States Code, or while undergoing training or while performing drills or equivalent duty, as authorized by law; $271,800,000: Provided, That obligations may be incurred under this appropriation without regard to section 107 of title 32, United States Codc t Provided further, That the Army National Guard will be programed to attain an end strength of not less than three hundred eighty thousand for fiscal year 1966.

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Page:United States Statutes at Large Volume 79.djvu/905

 79 STAT. ]

PUBLIC LAW 89-213-SEPT. 29, 1965

865

NATIONAL GUARD PERSONNEL, A I R FORCE

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air National Guard on duty under sections 265, 8033, or 8496 of title 10 or section 708 of title 32, United States Code, or while undergoing training or while performing drills 49?'^52T"6i4' or equivalent duty, as authorized by law; $71,300,000: Provided, That obligations may be incurred under this appropriation without regard to section 107 of title 32, United States Code. ^o^ ^'^'- ^^e. RETIRED P A Y, DEFENSE

For retired pay and retirement pay, as authorized by law, of military personnel on the retired lists of the Army, Navy, Marine Corps, and the Air Force, including the reserve components thereof, retainer pay for personnel of the inactive Fleet Reserve, and payments under chapter 73 of title 10, United States Code; $1,529,000,000. 75'sfaf fio'°^' 10 USC 1:431-

TITLE II

'^^^^

OPERATION AND MAINTENANCE OPERATION AND MAINTENANCE, A R M Y

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Army, including administration; medical and dental care of personnel entitled thereto by law or regulation (including charges of private facilities for care of military personnel on duty or leave, except elective private treatment), and other measures necessary to protect the health of the Army; care of the dead; chaplains' activities; awards and medals; welfare and recreation; recruiting expenses; transportation services; communications services; maps and similar data for military purposes; military surveys and engineering planning; repair of facilities; hire of passenger motor vehicles; tuition and fees incident to training of military personnel at civilian institutions; field exercises and maneuvers; expenses for the Reserve Officers' Training Corps and other units at educational institutions, as authorized by law; and not to exceed $4,308,000 for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Army, and payments may be made on his certificate of necessity for confidential military purposes, and his determination shall be final and conclusive upon the accounting officers of the Government; $3,483,600,000, of which not less than $225,000,000 shall be available only for the maintenance of real property facilities. OPERATION AND MAINTENANCE, A R M Y, 1962 (LIQUIDATION OP CONTRACT AUTHORIZATION)

For an additional amount for "Operation and maintenance, Army, 1962" for liquidation of obligations incurred pursuant to authority contained in subsection (c) of section 612 of the Department of Defense Appropriation Act, 1962, $54,044,000. OPERATION AND MAINTENANCE, NAVY

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Navy and the Marine Corps^ including aircraft and vessels; modification of aircraft, missiles, missile systems, and other ordnance; design and alteration of vessels; training and

75 Stat. 377.

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Page:United States Statutes at Large Volume 79.djvu/906

 866

70A Stat. 442.

70A Stat. 647.

PUBLIC LAW 89-213-SEPT. 29, 1965

[79 STAT.

education of members of the Navy; administration; procurement of military personnel; hire of passenger motor vehicles; welfare and recreation; medals, awards, emblems, and other insignia; transportation of things (including transportation of household effects of civilian employees); industrial mobilization; medical and dental care; care of the dead; charter and hire of vessels; relief of vessels in distress; maritime salvage services; military communications facilities on merchant vessels; dissemination of scientific information; administration of patents, trademarks, and copyrights; annuity premiums and retirement benefits for civilian members of teaching services; tuition, allowances, and fees incident to training of military personnel at civilian institutions; repair of facilities; departmental salaries; conduct of schoolrooms, service clubs, chapels, and other instructional, entertainment, and welfare expenses for the enlisted men; procurement of services, special clothing, supplies, and equipment; installation of equipment in public or private plants; exploration, prospecting, conservation, development, use, and operation of the naval petroleum and oil shale reserves, as authorized by law: and not to exceed $9,825,000 for emergency and extraordinary expenses, as authorized by section 7202 of title 10, United States Code, to be expended on the approval and authority of the Secretary and his determination shall be final and conclusive upon the accomiting officers of the Government; $3,332,100,000, of which not less than |l41,000,0<X) shall be available only for the maintenance of real property facilities, and not to exceed $1,169,000 may be transferred to the appropriation for "Salaries ajid expenses", Weather Bureau, Department of Commerce, fiscal year 1966 for the operation of ocean weather stations: Prodded^ That not to exceed $8,600,000 of the unobligated balance of the appropriation made under this head for the fiscal year 1960, and subsequently withdrawn under the Act of July 25, 1956 (31 U.S.C. 701), may be restored and transferred to the appropriation account for "Medical care. Navy," for the fiscal year 1958. Opj:Ri\.TioN AND M A I N T E N A N C E, M A R I N E

CORPS

For esmenses, necessary for the operation and maintenance of the Marine Corps mcluding equipment and facilities; procurement of military personnel; training and education of regular and reserve personnel, including tuition and other costs incurred at civilian schools; welfare and recreation; conduct of schoolrooms, service clubs, chapels, and other instructional, entertainment, and welfare expenses for the enlisted men; procurement and manufacture of military supplies, equipment, and clothing; hire of passenger motor vehicles; transportation of things; medals, awards, emblems, and other insignia: operation of station hospitals, dispensaries and dental clinics; and departmental salaries; $192,500,000, of which not less than $20,462,000 shall be available only for the maintenance of real property facilities. OPERATION AND MAINTENANCE, A I R FORCE

For expenses, not otherwise provided for, necessary for the operation, maintenance, and administration of the Air Force, including the Air Force Eeserve and the A i r Eeserve Officers' Training Corps: operation, maintenance, and modification of aircraft and missiles; transportation of things; repair and maintenance of facilities; field printing plants; hire of passenger motor vehicles; recruiting advertising expense-s; training and instruction of military persoimel of the Air Force, including tuition and related expenses; pay, allowances, and travel expenses of contract surgeons; repair of private property and other necessarv expenses of combat maneuvers; care of the dead;

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Page:United States Statutes at Large Volume 79.djvu/907

 79 STAT. ]

PUBLIC LAW 89-213-SEPT. 29, 1965

£

chaplain and other welfare and morale supplies and equipment; conduct of schoolrooms, service clubs, chapels, and other instructional, entertainment, and welfare expenses for enlisted men and patients not otherwise provided for; awards and decorations; industrial mobilization, including maintenance of reserve plants and equipment and procurement planning; special services by contract or otherwise; and not to exceed $3,900,000 for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Air Force, and paymente may be made on his certificate of necessity for confidential military purposes, and his determination shall be final and conclusive upon the accounting officers of the Government; $4,464,100,000, of which not less than $258,000,000 shall be available only for the maintenance of real property facilities, and not to exceed $200,000 may be transferred to the appropriation for "Salaries and expenses". Weather Bureau, Department of Commerce, fiscal year 1966, for the operation of the Marcus Island upper-air station. OPERATION AND MAINTENANCE, DEFENSE AGENCIES

For expenses, not otherwise provided for, necessary for the operation and maintenance of activities and agencies of the Department of Defense (other than the military departments and the Office of Civil Defense), including administration; hire of passenger motor vehicles; welfare and recreation; awards and decorations; travel expenses, including expenses of temporary duty travel of military personnel; transportation of things (including transportation of household effects of civilian employees); industrial mobilization; care of the dead; dissemination of scientific information; administration of patents, trademarks, and copyrights; tuition and fees incident to the training of military personnel at civilian institutions; repair of facilities; departmental salaries; procurement of services, special clothing, supplies, and equipment; field printing plants; information and educational services for the Armed Forces; communications services; and not to exceed $1,623,000 for emergency and extraordinary expenses, to be expended on the approval or authority of the Secretary of Defense for such purposes as he deems appropriate, and his determination thereon shall be final and conclusive upon the accounting officers of the Government; $533,490,000, of which not less than $11,400,000 shall he available only for the maintenance of real property facilities. DEFENSE INDUSTRIAL F U N D

For the Defense Industrial Fund, $30,000,000, to be derived by 1 ransfer from the Defense Stock Fund. OPERATION AND MAINTENANCE, A R M Y NATIONAL GUARD

For expenses of training, organizing, and administering the Army National Guard, including maintenance, operation, and repairs to structures and facilities; hire of passenger motor vehicles; personal services in the National Guard Bureau and services of personnel of the National Guard employed as civilians without regard to their military rank, and the number of caretakers authorized to be employed under provisions of law (32 U.S.C. 709), and those necessary to provide reimbursable services for the military departments, may be such as is deemed necessary by the Secretary of the Army; travel expenses (other than mileage), as authorized by law for Army personnel on active duty, for Army National Guard division, regimental, and battalion commanders while inspecting units in compliance with National Guard regulations when specifically authorized by the Chief, National

7OA Stat. eu.

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Page:United States Statutes at Large Volume 79.djvu/908

 868

70A Stat. 599.

PUBLIC LAW 89-213-SEPT. 29, 1965

[79 STAT.

Guard Bureau; supplying and equipping the Army National Guard of the several States, Commonwealth of Puerto Rico, and the District of Columbia, as authorized by law; and expenses of repair, modification, maintenance, and issue of supplies and equipment (including aircraft); $208,800,000, of which not less than $1,900,000 shall be available only for the maintenance of real property facilities: Provided, That obligations may be incurred under this appropriation without regard to section 107 of title 32, United States Code. OPERATION AND MAINTENANCE, A I R NATIONAL GUARD

7oAstat. 614.

For operation and maintenance of the Air National Guard, including medical and hospital treatment and related expenses; maintenance, operation, repair, and other necessary expenses of facilities for the training and administration of the Air National Guard, including repair of facilities, maintenance, operation and modification of aircraft; transportation of things; hire of passenger motor vehicles; supplies, materials, and equipment, as authorized by law for the Air National Guard of the several States, Commonwealth of Puerto Rico, and the District of Columbia; and expenses incident to the maintenance and use of supplies, materials, and equipment, including such as may be furnished from stocks under the control of agencies of the Department of Defense; travel expenses (other than mileage) on the same basis as authorized by law for Air National Guard personnel on active Federal duty, of Air National Guard commanders while inspecting units in compliance with National Guard regulations when specifically authorized by the Chief, National Guard Bureau; $238,000,000, of which not less than $2,500,000 shall be available only for the maintenance of real property facilities: Provided, That the number of caretakers authorized to be employed under the provisions ^^ j ^ ^ ^ ^32 XJ.S.C. 709) may be such as is deemed necessary by the Secretary of the Air Force and such caretakers may be employed without regard to their military rank as members of the Air National Guard: Provided further, That obligations may be incurred under this appropriation without regard to section 107 of title 32, United States Code. NATIONAL BOARD FOR THE PROMOTION OF R I F L E PRACTICE, A R M Y

For the necessary expenses of construction, equipment, and maintenance of rifle ranges, the instruction of citizens m marksmanship, and promotion of rifle practice, in accordance with law, including travel of rifle teams, military personnel, and individuals attending regional, national, and international competitions, and not to exceed $21,000 for incidental expenses of the National Board; $459,000: Provided, That travel expenses of civilian members of the National Board shall be paid in accordance with the Standardized Government Travel Regulations, as amended. CLAIMS, DEFENSE

For payment, not otherwise provided for, of claims authorized by law to oe paid by the Department of Defense (except for civil functions), including claims for damages arising under training contracts with carriers, and repayment of amounts determined by the Secretary concerned, or officers designated by him, to have been erroneously collected from military and civilian personnel of the Department of Defense, or from States, territories, or the District of Columbia, or members of National Guard units thereof; $24,000,000.

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Page:United States Statutes at Large Volume 79.djvu/909

 79 STAT. ]

PUBLIC LAW 89-213-SEPT. 29, 1965

869

CONTINGENCIES, DEFENSE

For emergencies and extraordinary expenses arising in the Department of Defense, to be expended on the approval or authority of the Secretary of Defense and such expenses may be accounted for solely on his certificate that the expenditures were necessary for confidential military purposes; $15,000,000: Provided, That a report of disburse- g report a to com^ e s s_o n l coni ments under this item of appropriation shall be made quarterly to mittee the Appropriations Committees of the Congress. CouRT OF

MILITARY APPEALS, DEFENSE

For salaries and expenses necessary for the Court of Military Appeals; $579,000. TITLE III—PROCUREMENT PROCUREMENT OF EQUIPMENT AND MISSILES, A R M Y

For expenses necessary for the procurement, manufacture, and modification of missiles, armament, ammunition, equipment, vehicles, vessels, and aircraft for the Army and the Reserve Officers' Training Corps; purchase of not to exceed two thousand seven hundred and forty-one passenger motor vehicles for replacement only; expenses which in the discretion of the Secretary of the Army are necessary in providing facilities for production oi equipment and supplies for national defense purposes, including construction, and the furnishing of Government-owned facilities and equipment at privately owned plants; and ammunition for military salutes at institutions to which issue of weapons for salutes is authorized; $1,204,800,000, to remain available until expended. PROCUREMENT OF AIRCRAFT AND MISSILES, NAVY

For construction^ procurement, production, modification, and modernization of aircraft, missiles, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants, including the land necessary therefor, and such lands, and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title by the Attorney General as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public or private plants; $2,272,500,000, to remain available until expended.

'*o "sc 255.

SHIPBUILDING AND CONVERSION, NAVY

For expenses necessary for the construction, acquisition, or conversion of vessels as authorized by law, including armor and armament thereof, plant equipment, appliances, and machine tools, and installation i:hereof in public or private plants; procurement of critical, long leadtime components and designs for vessels to be constructed or converted in the future; and expansion of public and private plants, including land necessary therefor, and such land, and interests therein, may be acquired and construction prosecuted thereon prior to approval of title by the Attorney General as required by section 355, Revised Statutes, as amended; $1,690,500,000, to remain available until expended: Provided, That none of the funds herein provided for the construction or conversion of any naval vessel to be constructed in

^^^t'-i'^ti'^"-

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Page:United States Statutes at Large Volume 79.djvu/910

 870

PUBLIC LAW 89-213-SEPT. 29, 1965

[79 STAT.

shipyards in the United States shall be expended in foreign shipyards for the construction of major components of the hull or superstructure of such vessel. OTHER PROCUREMENT, NAVY

40 USC 255.

For procurement, production, and modernization of support equipment, and materials not otherwise provided for. Navy ordnance and jimmunition (except ordnance for new aircraft, new ships, and ships authorized for conversion), purchase of not to exceed one thousand five hundred and sixty passenger motor vehicles (including eight medium sedans at not to exceed $3,000 each) for replacement omy; expansion of public and private plants, including the land necessary therefor, and such lands, and interests therein may be acquired, and construction prosecuted thereon prior to approval of title by the Attorney General as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public or private plants; $1,135,000,000, to remain available until expended. PROCUREMENT, MARINE CORPS

For expenses necessary for the procurement, manufacture, and modification of missiles, armament^ ammunition, military equipment, and vehicles for the Marine Corps, including purchase of not to exceed two hundred and sixty-nine passenger motor vehicles for replacement only; $43,800,000, to remain available until expended. AIRCRAFT PROCUREMENT, A I R FORCE

70A Stat. 590.

For construction, procurement, and modification of aircraft, and equipment, including armor and armament, specialized ground handling equipment, and training devices, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants. Government-owned equipment and installation thereof m such plants, erection of structures, and acquisition of land without regard to section 9774 of title 10, United States Code, for the foregoing purposes, and such land, and interests therein, may be acquired and construction prosecuted thereon prior to the approval of title by the Attorney General as required by section 355, Revised Statutes, as amended; reserve plant and equipment layaway; and other expenses necessary for the foregoing purposes, including rents and transportation of things; $3,517,000,000, to remain available until expended. MISSILE PROCUREMENT, A I R FORCE

For construction, procurement, and modification of missiles, rockets, and related equipment, including spare parts and accessories therefor, ground handling equipment, and training devices; expansion of public and private plants. Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land, without regard to section 9774 of title 10, United States Code, for the foregoing purposes, and such land, and interests therein, may be acquired and construction prosecuted thereon prior to the approval of title by the Attorney General as required by section 355, Revised Statutes, as amended; reserve plant and equipment layaway; and other expenses necessary for the foregoing purposes, including rents and transportation of things; $796,100,000, to remain available until expended.

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Page:United States Statutes at Large Volume 79.djvu/911

 79 STAT. ]

PUBLIC LAW 89-213-SEPT. 29, 1965

871

OTHER PROCUREMENT, A I R FORCE

For procurement and modification of equipment (including ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and spare parts therefor, not otherwise provided for; the purchase of not to exceed two thousand four hundred and twenty-eight passenger motor vehicles (including five medium sedans at not to exceed $3,000 each), for replacement oidy^: and expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land, without regard to section 9774 of title 10, United States Code, for the foregoing purposes, and such land, and interests therein, may be acquired and construction prosecuted thereon prior to the approval of title by the Attorney General as required by section 355, Revised Statutes, as amended; $829,100,000. to remain available until expended.

'^^^ ^*^' • ^^°" o "^^ 255. ^

PROCUREMENT, DEFENSE AGENCIES

For expenses of activities and agencies of the Department of Defense (other than the military departments and the Office of Civil Defense) necessary for procurement, production, and modification of equipment, supplies, materials and spare parts therefor not otherwise provided for; purchase of fifty passenger motor Aehicles for replacement only; expansion of public and private plants, equipment and installation thereof in such plants, erection of structures, and acquisition of land for the foregoing purposes, and such land and interest therein may be acquired and construction prosecuted thereon prior to the approval of title by the Attorney General as required by section 355, Revised Statutes, as amended; $15,200,000, to remain available until expended.

TITLE: IV RESEARCH, DEVELOPMENT, TEST, AXD

EVALITATIOX

RESEARCH. DEVELOPMENT. TEJST. AND EVALUATION, A R M Y

For expenses necessary for basic and applied scientific research, development, test, and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $1,406,400,000, to remain available until expended. RESEARCH, DEVELOPMENT. TE«T, AND EVALUATION, XAVY

For expenses necessary for basic and applied scientific researdi, development, test, and evaluation,' including maintenance, rehabilitation, lease, and operation of fa<"ilities and equipment, as authorized by law; $1,439,200,000, to remain available until expended. RESEARCH. DEVELOPMENT, TTST.

AND EVALUATION, A I R FORCE

For expenses necessary for basic and applied scientific research, flevelopment, test, and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $3,103,900,000, to remain available until expended: Provided, ^ ^^?2f'l,?'^'!'""^ That of the funds appropriated in this paragraph, $22,000,000 shall 'Laboratory pro"^"' gram. "^ be available only for development of advanced manned strategic aircraft, and $150,000,000 shall be available only for the Manned Orbiting LalToratoiy program.

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