text:
Page:United States Statutes at Large Volume 78.djvu/1099

 78 STAT. ]

PUBLIC LAW 88-644-OCT. 13, 1964

annum thereafter, compounded on December 31 of each year, to the date of his relinquishment of office, shall be returned to him. In any case in which any such judge, who has not elected to bring himself within the purview of subsection (b) of this section, dies while in regular active service, all amounts so deducted from his salary and deposited by him under this subsection remaining in the fund at the time of his death, together with interest at 4 per centum per annum to December 31, 1947, and 3 per centum per annum thereafter, comounded on December 31 of each year, to the date of his death, shall e paid, upon the establishment of a valid claim therefor, to the person or persons surviving him in the order of precedence provided for in paragraph (7) of subsection (b). Such payments shall,be a bar to recovery by any other person. "(7) All judges of the District of Columbia Court of General Ses- benLm"°b °^ sions, the District of Columbia Court of Appeals, and the Juvenile jucTges.^ ^ Court of the District of Columbia shall be subject to the provisions of this subsection, except that any such judge who is serving as such on the effective date of the District of Columbia Judges Retirement Act of 1964 shall be subject to this subsection (except paragraph (3) of this subsection) only if, within one year following such date, such judge files with the Commissioners of the District of Columbia a written election to come within the purview of this subsection. Such election once made shall be irrevocable. If no election is made within such one-year period, such judge shall have his right to retirement salary and the amount thereof determined as though the District of Columbia Judges Retirement Act of 1964 had not been enacted. " (b)(1) Any judge of any of the courts referred to in paragraph (1) of subsection (a), whether or not subject to the provisions of subsection (a) of this section, or any judge retired under the provisions of this section as it existed prior to the enactment of the District of Columbia Judges Retirement Act of 1964, may, by written election filed with the Commissioners of the District of Columbia within six months after the date on which he takes office, or is reappointed to office (or within six months after the effective date of the District of Columbia Judges Retirement Act of 1964), bring himself within the purview of this subsection. "(2) There shall be deducted and withheld from the salary of each judge electing to bring himself within the purview of this subsection a sum equal to 3 per centum of such judge's salary, including salary paid after retirement under the provisions of this section. The amounts so deducted and withheld from the salary of each such judge shall, in accordance with such procedure as may be prescribed by the Commissioners of the District of Columbia, be deposited in the fund. Every judge who elects to bring himself within the purview of this subsection shall be deemed thereby to consent and agree to the deductions from his salary as provided in this subsection, and payment less such deductions shall be a full and complete discharge and acquittance of all claims and demands whatsoever for all judicial services rendered by such judge during the period covered by such payment, except the right to the benefits to which he or his survivors shall be entitled under the provisions of this subsection. "(3) Each judge who has elected to bring himself within the purview of this subsection shall deposit, with interest at 4 per centum per annum to December 31, 1947, and 3 per centum per annum thereafter, compounded on December 31 of each year, to the credit of the fund, a sum equal to 3 per centum of his salary received for service as a judge of any of the courts referred to in paragraph (1) of subsection (a), including salary received after retirement, and of his basic salary, pay, or compensation for services as a Senator, Representative, Delegate, or Resident Commissioner in Congress and for any other civilian serv-

E

1057

�


text:
Page:United States Statutes at Large Volume 78.djvu/1100

 1058

70 Stat. 745.

Annuity bene-

fits.

PUBLIC LAW 88-644-OCT. 13, 1964

[78 STAT.

ice within the purview of section 3 of the Civil Service Retirement Act (5 U.S.C. 2253). Such interest shall not be required for any period during which the judge was separated from all such service and was not receiving retirement salary under this section. Each judge may elect to niake such deposits in installments during the continuance of his judicial service in such amounts as may be determined in each instance by the Commissioners. Notwithstanding the failure of a judge to make such deposit, credit shall be allowed for the service rendered, but the annuity of the widow of such judge shall be reduced by an amount equal to 10 per centum of the amount of such deposit, computed as of the date of the death of such judge, unless such widow shall elect to eliminate such service entirely from credit under paragraph (13) of this subsection: Provided, That no deposit shall be required from a judge for any service rendered prior to August 1, 1920, or for any honorable service in the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States. "(4) If any judge who has elected to bring himself within the purview of this subsection resigns from office otherwise than under the provisions of this section, the amount credited to his individual account under this subsection, together with interest at 4 per centum per annum to December 31, 1947, and 3 per centum per annum, thereafter, compounded on December 31 of each year, to the date of his relinquishment of office, shall be returned to him. "^5^ jj^ ^.^gg ^jij jud^c who has electcd to bring himself within the purview of this subsection shall die while in regular active service or after having retired from such service under the provisions of this section, after having rendered at least five years of civilian service computed as prescribed in paragraph (13) of this subsection for the last five years of which the salary deductions provided for by paragraph (2) of this subsection or the deposits required by paragraph (3) of this subsection have actually been made— " (A) If such judge is survived by a widow but not by a dependent child, there shall be paid to such widow an annuity beginning with the day of the death of the judge or following the widow's attainment of the age of fifty years, whichever is later, in an amount computed as provided m paragraph (12) of this subsection; or " (B) if such judge is survived by a widow and a dependent child or children, there shall be paid to such widow an immediate annuity in an amount computed as provided in paragraph (12) of this subsection and there shall also be paid to or on behalf of each such child an immediate annuity equal to one-half the amount of the annuity of such widow, but not to exceed $900 per year divided by the number of such children or $360 per year, whichever is lesser; or " (C) if such judge leaves no surviving widow or widower but leaves a surviving dependent child or children, there shall be paid to or on behalf of each such child an immediate annuity equal to the amount of the annuity to which such widow would have been entitled under paragraph (A) of this subsection had she survived, but not to exceed $480 per year. The annuity payable to a widow under this subsection shall be terminable upon her death or remarriage. The annuity payable to a child under this subsection shall be terminable upon (i) his attaining the age of eighteen years, (ii) his marriage, or (iii) his death, whichever first occurs, except that if such child is incapable of self-support by reason of mental or physical disability his annuity shall be terminable only upon death, marriage, or recovery from such disability after attaining the age of eighteen years. I n case of the death of a widow of a judge leaving a dependent child or children of the judge surviving her the

�

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:United States Statutes at Large Volume 78.djvu/1101

 78 STAT. ]

PUBLIC LAW 88-644-OCT. 13, 1964

1059

annuity of such child or children shall be recomputed and paid as provided in subparagraph (C) of this paragraph. In any case in which the annuity of a dependent child, under this subsection, is terminated, the annuities of any remaining dependent child or children, based upon the service of the same judge, shall be recomputed and paid as though the child whose annuity was so terminated had not survived such judge. "(6) As used in this subsection— Definitions. " (A) The term 'widow' means a surviving wife of an individual who either (i) shall have been married to such individual for at least two years immediately preceding his death or (ii) is the mother of issue by such marriage, and who has not remarried. " (B) The term 'dependent child' means an unmarried child, including a dependent stepchild or an adopted child, who is under the age of eighteen years or who because of physical or mental disability is incapable of self-support. Questions of dependency and disability arising under this subsection Determination of shall be determined by the Commissioners of the District of Columbia, dfrabuit"!^ ^"'^ The Commissioners may order or direct at any time such medical or other examinations as they shall deem necessary to determine the facts relative to the nature and degree of disability of any dependent child who is an annuitant or applicant for annuity under this subsection, and may suspend or deny any such annuity for failure to submit to any examination. "(7) I n any case in which (A) a judge who has elected to bring himself within the purview of this subsection shall die ^i) while in regular active service after having rendered five years of civilian service computed as prescribed in paragraph (13) of this subsection, or while receiving retirement salary under this section, but without a survivor or survivors entitled or who, upon attaining the age of fifty, will become entitled, to annuity benefits provided by paragraph (5) of this subsection, or (ii) while in regular active service but before having rendered five years of such civilian service or (B) the right of all persons entitled to an annuity under paragraph (5) of this subsection based on the service of such judge shall terminate before a valid claim therefor shall have been established, the total amount credited to an individual account of such judge under this section, with interest at 4 per centum per annum to December 31, 1947, and 3 per centum per annum, thereafter, compounded on December 31 of each year, to the date of the death of such judge, shall be paid, upon the establishment of a valid claim therefor, to the person or persons surviving at the date title to the payment arises, in the following order of precedence, and such payment shall be a bar to recovery by any other person: "First, to the beneficiary or beneficiaries whom the judge may have designated by a writing received by the Commissioners of the District of Columbia prior to his death; "Second, if there be no such beneficiary, to the widow of such judge; "Third, if none of the above, to the child or children of such judge and the descendants of any deceased children by representation; "Fourth, if none of the above, to the parents of such judge or the survivor of them; "Fifth, if none of the above, to the duly appointed executor or administrator of the estate of such judge; "Sixth, if none of the above, to such other next of kin of such judge as may be determined by the Commissioners to be entitled under the laws of the domicile of such judge at the time of his death. Determination as to the widow or child of a judge for the purposes of

�


text:
Page:United States Statutes at Large Volume 78.djvu/1102

 1060

70^1*^^.^743.

PUBLIC LAW 88-644-OCT. 13, 1964

[78 STAT.

this subsection shall be made by the Commissioners without regard to the definition of these terms stated in paragraph (6) of this subsection. "(8) I n any case in which the annuities of all persons entitled to annuity based upon the service of a judge shall terminate before the aggregate amount of annuity paid (together with any amounts received by the judge as retirement salary) equals the total amount credited to the individual account of such judge under this section, with interest at 4 per centum per annum to December 31, 1947, and 3 per centum per annum thereafter, compounded on December 31 of each year, to the date of the death of such judge, the difference shall be paid, upon establishment of a valid claim therefor, in the order of precedence prescribed in paragraph (7) of this subsection. "(9) Any accrued annuity remaining unpaid upon the termination (other than by reason of death) of the annuity of any person based upon the service of a judge shall be paid to such person. Any accrued annuity remaining unpaid upon the death of any person receiving an annuity based upon the service of a judge shall be paid, upon establishment of a valid claim therefor, in the following order of precedence: "First, to the duly appointed executor or administrator of the estate of such person; "Second, if there is no such executor or administrator, payment may be made, after the expiration of thirty days from the date of the death of such person, to such individual or individuals as may appear in the judgment of the Commissioners to be legally entitled thereto, and such payments shall be a bar to recovery by any other individual. "(10) Where any payment under this subsection is to be made to a minor or to a person mentally incompetent or under other legal disability adjudged by a court of competent jurisdiction, such payment may be made to the person who is constituted guardian or other fiduciary by the law of the jurisdiction wherein the claimant resides or is otherwise legally vested with the care of the claimant or his estate. Where no guardian or other fiduciary of the person under legal disability has been appointed under the laws of the jurisdiction wherein the claimant resides, the Commissioners shall determine the person who is otherwise legally vested with the care of the claimant or his estate. "(11) Annuities granted under the terms of this subsection shall accrue monthly and shall be due and payable in monthly installments on the first business day of the month following the month or other period for which the annuity shall have accrued. " (12) The annuity of the widow of a judge who has elected to bring himself within the purview of this subsection shall be an amount equal to the sum of (A) 1% per centum of the average annual salary received by such judge for judicial service and any other prior allowable service during the last five years of such service prior to his death, or retirement from office under this section, multiplied by the sum of his years of judicial service, his years of prior allowable service as a Senator, Representative, Delegate, or Resident Commissioner in Congress, his years of prior allowable service performed as a member of the Armed Forces of the United States, and his years, not exceeding fifteen, of prior allowable service performed as an employee described in section 1(c) of the Civil Service Retirement Act and (B) three-fourths of 1 per centum of such average annual salary multiplied by his years of any other prior allowable service, but such annuity shall not exceed 37% per centum of such average annual salary and shall be further reduced in accordance with paragraph (3) of this subsection, if applicable. "(13) Subject to the provisions of paragraph (3) of this subsection, the years of service of a judge which are allowable as the basis for calculating the amount of the annuity of his widow shall include his years

�


text:
Page:United States Statutes at Large Volume 78.djvu/1103

 78 STAT. ]

PUBLIC LAW 88-644-OCT. 13, 1964

1061

of service as a judge of one of the courts referred to in paragraph (1) of subsection (a) of this section (whether in regular active service or retired from such service under this section), his years of service as a Senator, Representative, Delegate, or Resident Commissioner in Congress, his years of active service as a member of the Armed Forces of the United States not exceeding five years in the aggregate and not including any such service for which credit is allowed for the purposes of retirement or retired pay under any other provision of law, and his years of any other civilian service within the purview of section 3 of the Civil Service Retirement Act. 7o Stat. 745. "(14) Nothing contained in this subsection shall be construed to ^ ^^^ ^^^^' prevent a widow eligible therefor from simultaneously receiving an annuity under this subsection and any annuity to which she would otherwise be entitled under any other law without regard to this subsection, but in computing such other annuity, service used in the computation of her annuity under this subsection shall not be credited. "(c) Nothing contained in this section shall be construed to prevent a judge eligible therefor from simultaneously receiving his retirement salary under this section and any annuity to which he would otherwise be entitled under any other law without regard to this section, but in computing such annuity, service used in the computation of retirement salary under this section shall not be credited: Provided, however, That nothing contained in this section shall be construed to prevent a judge of any court referred to in paragraph (1) of subsection (a) who is serving on the effective date of the District of Columbia , Judges Retirement Act of 1964, and who does not elect under paragraph (7) of subsection (a) to come within the purview of such subsection, from electing to waive the provisions of this section regarding retirement salary and crediting service hereunder in computing any annuity to which he would otherwise be entitled under any other law without regard to this section; nor shall anything contained in this section (except paragraph (7) of subsection (a) of this section) or in any other law be construed to require any such judge eligible therefor to elect to waive either the provisions of this section regarding retirement salary and annuities or the provisions of any other law relating to retirement salary or annuities prior to the date of his retirement. " (d) (1] There is hereby established in the Treasury of the United iu°bu"?udiciar States a fund to be known as the 'District of Columbia Judicial Re- R^^ire^ment^and titement and Survivors Annuity Fund', and such fund is hereby appro- survivors Annupriated for the payment of retirement salaries, annuities, refunds, and ilshm'tnt! ^^^^^ allowances as provided in this section. If, at any time, the balance in such fund is not sufficient to pay current obligations arising pursuant to the provisions of this section, there is authorized to be appropriated to such fund, out of any moneys in the Treasury of the United States to the credit of the District of Columbia not otherwise appropriated, such amounts as may be necessary to pay such current obligations. The Secretary of the Treasury shall prepare the estimates of the annual appropriations required to be made to such fund, and shall make actuarial valuations of such fund at intervals of five years, or more after if deemed necessary by the Secretary. "(2) The Secretary of the Treasury shall invest, from time to time, ^l^^^^^""^""^ °^ in interest-bearing securities of the United States or Federal farm loan bonds, any portions of such fund as in his judgment may not be immediately required for payments from the fund, and the income derived from such investments shall constitute a part of the fund. "(3) All amounts deposited by, or deducted and withheld from the salary of, any judge as provided under this section for credit to the fund shall, under such regulations as may be prescribed by the Commissioners of the District of Columbia, be credited to an individual account of such judge.

�


text:
Page:United States Statutes at Large Volume 78.djvu/1104

 1062

PUBLIC LAW 88-645-OCT. 13, 1964

Short title. Effective c

[78 STAT.

"(4) None of the moneys mentioned in this section shall be assignable, either in law or in equity, or be subject to execution, levy, attachment, garnishment, or other legal process. "(5) Whenever used in this section, the term 'fund' shall mean the District of Columbia Judicial Retirement and Survivors Annuity Fund established under paragraph (1) of this subsection." SEC. 2. This Act may be cited as the "District of Columbia Judges Retirement Act of 1964." SEC. 3. This Act shall be effective on and after the first day of the first month following the date of its enactment. Approved October 13, 1964.

Public Law 88-645 October 13, 1964 [H. R. 6218]

Desert land laws; time extension for final proof.

AN ACT To amend the Act of June 29, 1960, to authorize additional extensions of time for final proof by certain entrymen under the desert land laws and to make such additional extensions available to the successors in interest of such entrymen.

Be it enacted by the Senate and House of Representatives of the United States of America in (Congress assembled, That (a) the first section of the Act entitled "An Act to authorize an extension of time for final proof under the desert land laws under certain conditions", approved June 29, 1960 (74 Stat. 257), is amended by striking out "one extension of not more than three years within which to make final proof" and inserting in lieu thereof "extensions aggregating not more than six years within which to make final proof". (b) Section 2 of such Act of June 29, 1960 (74 Stat. 257), is amended— (1) by striking out "The" at the beginning of the first sentence and inserting in lieu thereof "Except as otherwise provided in this section, the"; (2) by striking out "within one extension period of not more than three years and can be completed either during such extension period" and inserting in lieu thereof "within extension periods aggregating not more than six years and can be completed during such periods of extension"; and (3) by inserting immediately after the first sentence thereof the following new sentence: "The benefits of this Act shall be available also to successors in interest of the entrymen described in the first sentence of this section.". Approved October 13, 1964. Public Law 88-646

October 13, 1964

rs. 2649]

Graham Burke Pumping P l a n t. Designation.

AN

ACT

r£^ designate as the Graham Burke Pumping Plant the pumping plant being constructed in the State of Arkansas as part of the White River backwater unit of the Lower Mississippi River flood control project.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the pumping plant being constructed in the State of Arkansas as part of the White River backwater unit of the Lower Mississippi River flood control project shall hereafter be known as the Graham Burke Pumf)ing Plant, and any law, regulation, document, or record of the United States in which such pumping plant is designated or referred to shall be held to refer to such pumping plant under and by the name of the Graham Burke Pumping Plant. Approved October 13, 1964.

�


text:
Page:United States Statutes at Large Volume 78.djvu/1105

 78 STAT. ]

PUBLIC LAW 88-647-OCT. 13, 1964

1063

Public Law 88-647 AN ACT

October 13, 1964

To amend title 10, United States Code, to vitalize the Reserve Officers' Training Corps programs of the Army, Navy, and Air Force, and for other purposes.

[H. R. 9124]

Be it enacted by the Senate and House of Representatives of the Reserve Officers' United States of America in Congress assembled. That this Act may Training Corps be cited as the "Reserve Officers' Training Corps Vitalization Act of virauzation'Act of 1964. 1964". TITLE I—JUNIOR RESERVE OFFICERS' TRAINING CORPS PROGRAM SEC. 101. Title 10, United States Code, is amended as follows: (1) Subtitle A is amended by adding the following new chapter after chapter 101:

"CHAPTER 102.—JUNIOR RESERVE OFFICERS' TRAINING CORPS "Sec.

"2031. Junior Reserve Officers' Training Corps.

"§ 2031. Junior Reserve Officers' Training Corps " (a) The Secretary of each military department shall establish and maintain a Junior Reserve Officers' Training Corps, organized into units, at public and private secondary educational institutions which apply for a unit and meet the standards and criteria prescribed pursuant to this section. Not more than 200 units may be established by all of the military departments each year beginning with the calendar year 1966, and the total number of units which may be established and maintained by all of the military departments under authority of this section, including those units already established on the date of enactment of this section, may not exceed 1,200. The President shall promulgate regulations prescribing the standards and criteria to be followed by the military departments in selecting the institutions at which units are to be established and maintained and shall provide for the fair and equitable distribution of such units throughout the Nation. "(b) No unit may be established or maintained at an institution unless— "(1) the unit contains at least 100 physically fit male students who are at least 14 years of age and are citizens of the United States; "(2) the institution has adequate facilities for classroom instruction, storage of arms and other equipment which may be furnished in support of the unit, and adequate drill areas at or in the immediate vicinity of the institution, as determined by the Secretary of the military department concerned; "(3) the institution provides a course of military instruction of not less than three academic years' duration, as prescribed by the Secretary of the military department concerned; and "(4) the institution agrees to limit membership in the unit to students who maintain acceptable standards of academic achievement and conduct, as prescribed by the Secretary of the military department concerned. "(c) The Secretary of the military department concerned shall, to support the Junior Reserve Officers' Training Corps program— "(1) detail noncommissioned and commissioned officers of an armed force under his jurisdiction to institutions having units of the Corps as administrators and instructors; 31-667 0-65—70

70A Stat. 119. 10 USC 2001.

�


text:
Page:United States Statutes at Large Volume 78.djvu/1106

 1064

PUBLIC LAW 88-647-OCT. 13, 1964

[78 STAT.

"(2) provide necessary text materials, equipment, and uniforms; and "(3) establish minimum acceptable standards for performance and achievement for qualified units. " (d) Instead of, or in addition to, detailing noncommissioned and commissioned officers on active duty under subsection (c)(1), the Secretary of the military department concerned may authorize qualified institutions to employ, as administrators and instructors in the proram, retired noncommissioned and commissioned officers, and memers of the Fleet Eeserve and Fleet Marine Corps Reserve, whose qualifications are approved by the Secretary and the institution concerned and who request such employment, subject to the following: "(1) retired members so employed are entitled to receive their retired or retainer pay and an additional amount of not more than the difference between their retired pay and the active duty pay and allowances which they would receive if ordered to active duty, and one-half of that additional amount shall be paid to the institution concerned by the Secretary of the military department concerned from funds appropriated for that purpose. " (2) notwithstanding any other provision of law, such a retired member is not, while so employed, considered to be on active duty or inactive duty training for any purpose." (2) The chapter analysis of subtitle A, and the chapter analysis of }Dart III of subtitle A, are each amended by inserting the following new item:

f

"102,.Junior Reserve Officers' Training Corps

2031."

SEC. 102. Regulations implementing section 2031(a) of title 10, Ignited States Code, shall be issued by the President and by the Secretary of each military department not later than January 1, 1966. TITLE II—SENIOR RESERVE OFFICERS' TRAINING CORPS PROGRAM SEC. 201. Title 10, United States Code, is amended as follows: (1) Subtitle A is amended by adding the following new chapter after chapter 102:

"CHAPTER 103.—SENIOR RESERVE OFFICERS' TRAINING CORPS "Sec.

"2101. "2102. "2103. "2104. "2105. "2106. "2107. "2108.

Definitions. Establishment. Eligibility for membership. Advanced training; eligibility for. Advanced training; failure to complete or to accept commission. Advanced training; commission on completion. Financial assistance program for specially selected members. Advanced standing; interruption of training; delay in starting obligated service; release from program. "2109. Field training; practice cruises. "2110. Logistical support. "2111. Personnel: administrators and instructors.

"§2101. Definitions " I n this chapter— "(1) 'program' means the Senior Reserve Officers' Training Corps of an armed force; " (2) 'member of the program' means a student who is enrolled in the Senior Reserve Officers' Training Cprps of an armed force; and "(3) 'advanced training' means the training and instruction offered in the Senior Reserve Officers' Training Corps to students

�


text:
Page:United States Statutes at Large Volume 78.djvu/1107

 78 STAT. ]

PUBLIC LAW 88-647-OCT. 13, 1964

in the third and fourth years of a four-year Senior Reserve Officers' Training Corps course, or the equivalent period of training in an approved two-year Senior Reserve Officers' Training Corps course. "§2102. Establishment " (a) For the purpose of preparing selected students for commissioned service in the Army, Navy, Air Force, or Marine Corps, the Secretary of each military department, under regulations prescribed by the President, may establish and maintain a Senior Reserve Officers' Training Corps program, organized into one or more units, at any accredited civilian educational institution authorized to grant baccalaureate degrees, and at any school essentially military that does not confer baccalaureate degrees, upon the request of the authorities at that institution. "(b) No unit may be established or maintained at an institution unless— "(1) the senior commissioned officer of the armed force concerned who is assigned to the program at that institution is given the academic rank of professor; "(2) the institution fulfills the terms of its agreement with the Secretary of the military department concerned; and "(3) the institution adopts, as a part of its curriculum, a fouryear course of military instruction or a two-year course of advanced training of military instruction, or both, which the Secretary of the military department concerned prescribes and conducts. "(c) At those institutions where a unit of the program is established membership of students in the program shall be elective or compulsory as provided by State law or the authorities of the institution concerned. "§ 2103. Eligibility for membership " (a) To be eligible for membership in the program a person must be a student at an institution where a unit of the Senior Reserve Officers' Training Corps is established. However, a student at an institution that does not have a unit of the Corps is eligible, if otherwise (lualified, to be a member of a unit at another institution. " (b) Persons from foreign countries may be enrolled as members of the program when their enrollment is approved by the Secretary of the military department concerned under criteria approved by the Secretary of State. "(c) A medical, dental, pharmacy, veterinary, or sciences allied to medicine, student may be admitted to a unit of the program for a course of training consisting of 90 hours of instruction a year for four academic years. "(d) Under such conditions as the Secretary of the military department concerned may prescribe, a medical, dental, pharmacy, veterinary, or sciences allied to medicine, student who is a commissioned officer of a reserve component of an armed force may be admitted to and trained in a unit of the program. "§ 2104. Advanced training; eligibility for " (a) Advanced training shall be provided to eligible members of the program and, if the institution concerned so requests, to eligible applicants for membership in the program, who have two academic 3'ears remaining at such educational institution. "(b) To be eligible for continuation, or initial enrollment, in the program for advanced training, a person must— " (1) be a citizen of the United States; "(2) be selected for advanced training under procedures prescribed by the Secretary of the military department concerned;

1065

�


text:
Page:United States Statutes at Large Volume 78.djvu/1108

 1066

NonappHca-

bility.

PUBLIC LAW 88-647-OCT. 13, 1964

[78

STA.T.

"(3) enlist in a reserve component of an armed force mider the jurisdiction of the Secretary of the military department concerned for the period prescribed by the Secretary; "(4) contract, with the consent of his parent or guardian if he is a minor, with the Secretary of the military department concerned, or his designated representative, to serve for the period required by the program; "(5) agree in writing that he will accept an appointment, if offered, as a commissioned officer in the Army, Navy, Air Force, or Marine Corps, as the case may be, and that he will serve in the armed forces for the period prescribed by the Secretary; and "(6) complete successfully— " (A) the first two years of a four-year Senior Reserve Officers' Training Corps course; or " (B) field training or a practice crviise of not less than six weeks' duration which is prescribed by the Secretary concerned as a preliminary requirement for admission to the advanced course. "(c) A member of the program who is ineligible under subsection (b) for advanced training shall be released from the program. " (d) This section does not apply to cadets and midshipmen appointed under section 2107, or foreign students enrolled under section 2103(b), of this title. "§ 2105. Advanced training; failure to complete or to accept commission "A member of the program who is selected for advanced training under section 2104 of this title, and who does not complete the course of instruction, or who completes the course but declines to accept a commission when offered, may be ordered to active duty by the Secretary of the military department concerned to serve in his enlisted g'^ade or rating for such period of time as the Secretary prescribes but not for more than two years. "§2106. Advanced training; commission on completion " (a) Upon satisfactorily completing the academic and military requirements of the program of advanced training, a member of the program who was selected for advanced training under section 2104 of this title may be appointed as a regular or reserve officer in the appropriate armed force in the grade of second lieutenant or ensign, even though he is under 21 years of age. "(b) The date of rank of officers appointed under this section in May or June of any year is the date of graduation pi cadets or midshipmen from the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy, as the case may be, in that year. The Secretary of the military department concerned shall establish the date of rank of all other officers appointed under this section. "(c) In computing length of service for any purpose, an officer appointed under this section may not be credited with enlisted service for the period covered by his advanced training. "§ 2107. Financial assistance program for specially selected members "(a) The Secretary of the military department concerned may appoint as a cadet or midshipman, as appropriate, in the reserve of an armed force under his jurisdiction any eligible member of the program who will be under 25 years of age on June 30 of the calendar year in which he is eligible under this section for appointment as an ensign in the Navy or as a second lieutenant in the Army, Air Force, or Marine Corps, as the case may be. However, a member whose enrollment in

�


text:
Page:United States Statutes at Large Volume 78.djvu/1109

 78 STAT. ]

PUBLIC LAW 88-647-OCT. 13, 1964

1067

the Senior Reserve Officers' Training Corps progriiin conteiuplates less than four years of participation in the program may not be appointed a cadet or midshipman under this section, or receive any financial assistance authorized by this section. "(b) To be eligible for appointment as a cadet or midshipman un- appo'i^\'^inf/°'^ der this section a member must— " (1) be a citizen of the United States; "(2) be specially selected for the financial assistance program under procedures prescribed by the Secretary of the military department concerned; "(3) enlist in the reserve component of the armed force in which he is appointed as a cadet or midshipman for the period prescribed by the Secretary of the military department concerned; "(4) contract, with the consent of his parent or guardian if he is a minor, with the Secretary of the military department concerned, or his designated representative, to serve for the period required by the program; "(5) agree in writing that he will accept an appointment, if offered, as a commissioned officer in the Army, Navy, Air Force, or Marine Corps, as the case may be, and that, if he is commissioned as a regular officer and his regular commission is terminated before the sixth anniversary of his date of rank, he wnll accept an appointment, if offered, in the reserve component of that armed force and not resign before that anniversary; and "(6) agree in writing to serve on active duty for four or more years. "(c) The Secretary of the military department concerned may provide for the payment of all expenses in his department of administering the financial assistance program under this section, including tuition, fees, books, and laboratory expenses. " (d) Upon satisfactorily completing the academic and military requirements of the four-year program, a cadet or midshipman may be appointed as a regular or reserve officer in the appropriate armed force in the grade of second lieutenant or ensign, even though he is under 21 years of age. "(e) The date of rank of officers appointed under this section in May or June of any year is the date of graduation of cadets or midshipmen from the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy, as the case may be in that year. The Secretary of the military department concerned shall establish the date of rank of all other officers appointed under this section. "(f) A cadet or midshipman who does not complete the fmir-year course of instruction, or who completes the course but declines to accept a commission when offered, may be ordered to active duty by the Secretary of the military department concerned to serve in his enlisted grade or rating for such period of time as the Secretary prescribes but not for more than four years. " ( ^) I n computing length of service for any purpose, an officer appointed under this section may not be credited with service either as a cadet or midshipman or concurrent enlisted service. " (h) Not more than the following numbers of cadets and midshipmen appointed under section 2107 of this title may be in the financial assistance programs at any one time: "Army program: 5,500. "Navy program: 5,500. "Air Force program: 5,500.

�


text:
Page:United States Statutes at Large Volume 78.djvu/1110

 1068

PUBLIC LAW 88-647-OCT. 13, 1964

[78 STAT.

"§2108. Advanced standing; interruption of training; delay in starting obligated service; release from program " (a) The Secretary of the military department concerned may give to any enlisted member of an armed force mider his jurisdiction, or any person who has served on active duty in any armed force, such advanced standing in the program as may oe justified by his education and training. "(b) I n determining a member's eligibility for advanced training, the Secretary of the military department concerned may credit him with any military training that is substantially equivalent in kind to that prescribed for admission to advanced training and was received while he was taking a course of instruction in a program under the jurisdiction of another armed force or while he was on active duty in the armed forces. "(c) The Secretary of the military department concerned may excuse from a portion of the prescribed course of military instruction, including field training and practice cruises, any person found qualified on the basis of his previous education, military experience, or both. " (d) A person may become, remain, or be readmitted as, a member of the advanced training program after receiving a baccalaureate degree or completing pre-professional studies if he has not completed the course of military instruction or all field training or practice cruises prescribed by the Secretary of the military department concerned. If a member of the program has been accepted for resident graduate or professional study, the Secretary of the military department concerned may delay the commencement of that member's obligated period of active duty until the member has completed that study. "(e) The Secretary of the military department concerned may, when he determines that the interest of the service so requires, release any person from the program and discharge him from his armed force. "§2109. Field training; practice cruises " (a) For the further practical instruction of members of the program, the Secretary of the military department concerned may prescribe and conduct field training and practice cruises pother than field training and practice cruises prescribed under section 2104(b)(6) (B) of this title) which members must complete before they are commissioned. "(b) The Secretary of the military department concerned may— " (1) transport members of the program to and from the places d e s i ^ a t e d for field training or practice cruises and furnish them subsistence while traveling to and from those places, or, instead of furnishing them transportation and subsistence, pay them a travel allowance at the rate prescribed for cadets and midshipmen at the United States Military, Naval, and Air Force Academies for travel by the shortest usually traveled route from the places from which they are authorized to proceed to the place designated for the traming or cruise and return, and pay the allowance for the return t r i p in advance; "(2) furnish medical attendance and supplies to members of the program while attending field training and practice cruises, and admit them to military hospitals; "(3) furnish subsistence, uniform clothing, and equipment to members of the program while attending field training or practice cruises or, instead of furnishing uniform clothing, pay them allowances at such rates as he may prescribe;

�


text:
Page:United States Statutes at Large Volume 78.djvu/1111

 78 STAT. ]

PUBLIC LAW 88-647-OCT. 13, 1964

1069

"(4) use any member of an armed force, or any employee of the department, under his jurisdiction, and such property of the United States as he considers necessary, for the training and administration of members of the program at the places designated for training or practice cruises. "§ 2110. Logistical support " (a) The Secretary of the military department concerned may issue to institutions having units of the program, or tp the officers of the armed force concerned who are designated as accountable or responsible for such property— "(1) supplies, means pi transportation including aircraft, arms and ammunition, and military textbooks and education materials; and " (2) uniform clothing, except that he may pay monetary allowances for uniform clothing at such rate as he may prescribe. "(b) The Secretary of the military department concerned may provide, or contract with civilian flying or aviation schools or educational institutions to provide, the personnel, aircraft, supplies, facilities, services, and instruction necessary for flight instruction and orientation for properly designated members of the program. The Secretary ^.^^^"'^ *° of each military department shall report to Congress in January of °"^'"^^^' each year on the progress of the flight instruction program. "(c) The Secretary of the military department concerned may transport members of, and designated applicants for membership in, the program to and from installations when it is necessary for them to undergo medical or pther examinations or for the purposes of making visits of observation. He may also furnish them subsistence, quarters, and necessary medical care, including hospitalization, while they are at, or traveling to or from, such an installation. " (d) The Secretary of the military department concerned may authorize members of, and designated applicants for membership in, the program to participate in aerial flights in military aircraft and in indoctrination cruises in naval vessels. "(e) The Secretary of the military department concerned may authorize such expenditures as he considers necessary for the efficient maintenance of the program. "(f) The Secretary of the military department concerned shall require, from each institution to which property is issued under subsection (a), a bond or other indemnity in such amount as he considers adequate, but not less than $5,000, for the care and safekeeping of all property so issued except uniforms, expendable articles, and supplies expended in operation, maintenance, and instruction. The Secretary may accept a bond without surety if the institution to which the property is issued furnishes to him satisfactory evidence of its financial responsibility. "§ 2111. Personnel: administrators and instructors "The Secretary of the military department concerned may detail regular or reserve members of an armed force under his jurisdiction (including retired members and members of the Fleet Keserve and Fleet Marine Corps Eeserve recalled to active duty with their consent) for instructional and administrative duties at educational institutions where units of the program are maintained." (2) The chapter analysis of subtitle A, and the chapter analysis of part III of subtitle A, are each amended by inserting the following new item: "103. Senior Reserve Oflacers' Training Corps

2101."

�


text:
Page:United States Statutes at Large Volume 78.djvu/1112

 1070

PUBLIC LAW 88-647-OCT. 13, 1964

[78 STAT.

SEC. 202. Title 37, United States Code, is amended as follows: 76 Stat. 458. (1) Section 205 is amended by adding the following new subsection at the end thereof: "(e) Notwithstanding subsection (a), a commissioned officer may not count in computing his basic pay any period of service after the enactment of this subsection that he performed concurrently as a member of a uniformed service and as a member of the Senior Reserve Officers' Training Corps." (2) Section 209 is amended to read as follows: "§ 209. Members of Senior Reserve Officers' Training Corps " (a) Except when on active duty, a member of the Senior Reserve Officers' Training Corps who is selected for advanced training under Ante, p. 1065. section 2104 of title 10, United States Code, is entitled to retainer pay at the rate of not less than $40 per month or more than $50 per month beginning on the day he starts advanced training and ending upon the completion of his instruction under that section, but in no event shall any member receive such pay for more than twenty months. Retainer pay under this section may not be considered financial assistance requiring additional service within the meaning of the third sentence of section 6(d)(1) of the Universal Military Training and Service 65 Stat. 83. ^ c t, as amended (50 U.S.C. App. 456(d)(1)). " (b) Except when on active duty, a cadet or midshipman appointed Ante. p. 1066. under section 2107 of title 10 is entitled to retainer pay at the rate of $50 a month beginning on the day that he starts his first term of college work under that section and ending upon the completion of his instruction under that section, but not for more than four years. "(c) A member of the Senior Reserve Officers' Training Corps is entitled, while he is attending field training or practice cruises under section 2109 of title 10, to pay at the rate prescribed for cadets and midshipmen at the United States Military, Naval, and Air Force 37 USC ^0^' Academies under section 201(c) of this title. An applicant for membership who is attending field training or practice cruises to satisfy the requirement of section 2104(b)(6)(B) of title 10, United States Code, for admission to advanced training is entitled, while so attendAnte. p. 396. -j^^^ ^^ p^y ^^ ^j^g j,^^^ prescribed in section 203 of this title for enlisted members of the uniformed services in pay grade E - 1 (under 4 months)." 76 Stat. 477. (3) Sectious 415(a) and 416(b) are each amended by striking out the words "or an officer of the Army, or the Air Force, without specification of component," and inserting in place thereof ", an officer of the Army or the Air Force without specification of component, or a regular officer of an armed force appointed under section 2106 or 2107 of title 10, United States Code,". (4) Section 422 is amended— (A) by amending the catchline to read: "§ 422. Cadets and midshipmen'*; (B) by amending subsection (c) to read as follows: "(c) A cadet or midshipman appointed under section 2107 of title 10, United States Code, is entitled to the same allowances as are provided for cadets and midshipmen at the United States Military, Naval, and Air Force Academies for— "(1) initial travel to the educational institution in which matriculated; "(2) travel while under orders; and "(3) travel on discharge. However, no allowance for travel on discharge may be paid to a discharged cadet or midshipman who continues his scholastic instruction at the same educational institution."

�


text:
Page:United States Statutes at Large Volume 78.djvu/1113

 78 STAT. ]

PUBLIC LAW 88-647-OCT. 13, 1964

(C) by striking out subsection (d). (5) The analysis of chapter 3 is amended by striking out the following item: "209. Members of naval officer candidate programs." and inserting the following item in place thereof: "209. Members of Senior Reserve Officers' Training Corps." (6) The analysis of chapter 7 is amended by striking out the following item: "422. Cadets, midshipmen, and naval officer candidates." and inserting the following item in place thereof: "422. Cadets and midshipmen."

1071 ^^ ^*^*- ^^-'•

TITLE III—CONFORMING AMENDMENTS AND R E P E A L S SEC. 301. Title 10, United States Code, is amended as follows: lafinrJo'deat'r (1) Section 1475(a)(4) is amended by adding at the end thereof benefit^. the words "any applicant for membership in a reserve officers' train- ^2 Stat. i4S2. ing corps who dies while attending field training or a practice cruise under section 2104(b)(6)(B) of this title or while performing author- Ante, p. 1065. ized travel to or from the place where the training or cruise is conducted; or". (2) Section 1478(a)(4) is amended— (A) by striking out "section 4385(c) or 9385(c) of this title" ^^^^^ ^'^'- 2'»7, and inserting in place thereof "the first sentence of section 209(c) of title 37, United States Code"; and (B) by adding the following sentence at the end thereof: "A person covered by section 1475(a)(4) of this title who dies while attending field training or a practice cruise under section 2104(b)(6)(B) of this title, or while traveling directly to or from the place where the training or cruise is conducted, is considered to have been entitled, on the date of his death, to the pay prescribed by the second sentence of section 209(c) of title 37, United States Code."

(3) Section 1481(a)(4) is amended by striking out the words "the Army Reserve Officers' Training Corps, Naval Reserve Officers' Training Corps, or Air Force Reserve Officers' Training Corps" and inserting the words ", or applicant for membership in, a reserve officers' training corps" in place thereof. (4) Section 3201 is amended— (A) by inserting the words "in a reserve officers' training corps or" after the word "members" in clause (5) of subsection (a); and (B) by inserting the words "in a reserve officers' training corps or" after the word "members" in clause (4) of subsection (b). (5) Section 3355 is repealed. (6) The analysis of chapter 337 is amended by striking out the following item: "3355. Commissioned officers; Army Reserve: appointment; R.O.T.C. graduates." (7) Section 3540 is repealed. (8) The analysis of chapter 343 is amended by striking out the following item: "3540. Educational institutions: detail of members of regular or reserve components as professors and instructors in military science and tactics."

Ante, p. 1070.

^^^ ^*^*- 1^2.

^^ Stat. i462.

^o^A^sStat. 194.

Repeal.

�


text:
Page:United States Statutes at Large Volume 78.djvu/1114

 1072

70A Stat. 243.

7 2°staf'^l*44o'' Repeah ^^^ 10 USC 4381*" 4387 """ "^"'

PUBLIC LAW 88-647-OCT. 13, 1964

[78 STAT.

^g^ Section 4348 is amended by inserting the designation " (a) " before the word "Each'' and by adding a new subsection (b) to read as follows: "(b) A cadet who does not fulfill his agreement under subsection (a) may be transferred by the Secretary of the Army to the Army Reserve in an appropriate enlisted grade and, notwithstanding section ^^^ ^^ *^^^ tit\&, may be ordered to active duty to serve in that grade fjOr such period of time as the Secretary prescribes but not for more than four years." (10) Chapter 405 is repealed. (11) The chapter analysis of subtitle B, and the chapter analysis of part III of subtitle B, are each amended by striking out the following item: "40o. Reserve OflBeers' Training Corps

4381."

70A Stat. 297.

(^2) Section 5404(b) is amended— (A) by inserting "and" at the end of clause (3); (B) by striking o u t "; and" at the end of clause (4) and inserting a period in place thereof; and (C) by striking out clause (5). (13) Section 5504(h) is amended by striking out "5573, 6904, 6906" and inserting "2106, 2107, 5573" in place thereof. (14) Chapter 541 is amended— (A) by striking out the following item in the analysis:

72 Stat. 1495.

"5652b. Regular Navy: lieutenants (junior grade) originally appointed as ensigns under section 5573, 6904, 6906, or 6909 of this title."

and inserting the following item in place thereof: "5652b. Regular Navy: lieutenants (junior grade) originally apjxointed as ensigns under section 2106, 2107, 5573, or 6909 of this title."; and

70A Stat. 376.

^«p«^i^-

(B) by striking out from the catchline and the text of section 5652b "5573, 6904, 6906" and inserting "2106, 2107, 5573" in place thereof. (]^5) Section 6023(a) is amended by striking out clause (2) and renumbering clause (3) as clause " (2) ". (16) Section 6387(a) is amended by striking out "6904, 6906," and inserting "2106, 2107," in place thereof. (17) Chapter 601 is amended by repealing sections 6901, 6902, 6903, 6904, 6905, 6906, 6908, and 6910. (18) The analysis of chapter 601 is amended by striking out the following items: "6901. Naval Reserve Officers' Training Corps: administration. "6902. Transfer of graduates of Naval Reserve Officers' Training Corps to Regular Navy. "6903. Officer candidate training program: administration; qualifications for enrollment. "6904. Officer candidate training program: members enrolled from Naval Reserve Officers' Training Corps; appointment as midshipmen; pay; allowances; commissioning. "6905. Officer candidate training program: members enrolled as naval aviation officer candidates; instruction; pay; allowances. "6906. Officer candidate training program: naval aviation candidates; appointment as midshipmen; flight training; appointment as ensigns. "6908. Officer candidate training program: naval aviators; retention or transfer to reserve. <<*

«

«

"6910. Payment of expenses."

70A Stat. 432.

(^i^^ Section 6959 is amended by inserting the designation " (a) " before the word "Each" and by adding a new subsection (b) to read as follows: "(b) A midshipman who does not fulfill his agreement under subsection (a) may oe transferred by the Secretary of the Navy to the

�


text:
Page:United States Statutes at Large Volume 78.djvu/1115

 78 STAT. ]

PUBLIC LAW 88-647-OCT. 13, 1964

1073

Naval Reserve or the Marine Corps Reserve in an appropriate enlisted grade or rating, and, notwithstanding section 651 of this title, 7OA Stat. 27. may be ordered to active duty to serve in that grade or rating for ^^ ^*^*- ^'*'*'^such period of time as the Secretary prescribes but not for more than four years." (20) Section 8201 is amended— (A) by inserting the words "in a reserve officers' training corps or" after the word "members" in clause (6) of subsection (a); ^2 Stat. 1514. and (B) by inserting the words "in a reserve officers'training corps or" after the word "members" in clause (4) of subsection (b). (21) Section 8355 is repealed. vorstat 520 (22) The analysis of chapter 837 is amended by striking out the following item: "8355. Commissioned oflacers; Air Force Reserve: appointment; A.F,R.O.T.C. graduates."

(23) Section 8540 is repealed. (24) The analysis of chapter 843 is amended by striking out the following item:

^^P^^^-

"8540. Educational institutions: detail of members of regular or reserve components as professors and instructors in air science and tactics."

(25) Section 9348 is amended by inserting the designation " (a) " 70A Stat. 565. before the word "Each" and by adding a new subsection (b) to read as follows: "(b) A cadet who does not fulfill his agreement under subsection (a) may be transferred by the Secretary or the Air Force to the Air Force Reserve in an appropriate enlisted grade and, notwithstanding section 651 of this title, may be ordered to active duty to serve in that grade for such period of time as the Secretary prescribes but not for more than four years." (26) Chapter 905 is repealed. fou^scgasi(27) The chapter analysis of subtitle D, and the chapter analysis 9387. of part III of subtitle D, are each amended by striking out the following item: "905. Air Force Reserve Officers' Training Corps

9381."

SEC. 302. Section 4 of the Act of August 1, 1956, chapter 830 (5 U.S.C. 802), is amended as follows: ^o Stat. so5,, (1) Subsection (a) is amended to read as follows: "(a) The Federal Employees' Compensation Act (ch. 458, 39 Stat. 742), as amended (5 U.S.C. 751-793), applies in the case of the dis- " ^'^'' ^^4. ability or death of the following members of, and applicants for membership in, the Reserve Officers' Training Corps 01 the Army, Navy, and Air Force: "(1) Any member or applicant for membership who suffers disability or death from an injury incurred in line of duty while engaged in a flight or in flight instruction under chapter 103 of title 10, United States Code; or "(2) Any member or applicant for membership who suffers disability or death from an injury incurred in line of duty while performing authorized travel to or from, or while attending, field training or a practice cruise under chapter 103 of title 10, United States Code. ^ ^"'«' p- io64. For the purposes of this section, an injury shall be considered to have been incurred in line of duty only if it is the proximate result of the performance of military training by the member concerned, or of his travel to or from that military training, during the periods of time indicated in clause (2). Any member or applicant for membership who contracts a disease or illness which is the proximate result of the

�


text:
Page:United States Statutes at Large Volume 78.djvu/1116

 1074

PUBLIC LAW 88-648-OCT. 13, 1964

70 Stat. 806.

Ante,

p. 1064.

[78 STAT.

performance of training during the periods of time indicated in clause (2) shall be considered for the purposes of this section to have been injured in line of duty during that period." (2) The last sentence of subsection (d) is amended to read as follows: "However, reimbursement may not be made for any hospitalization or medical or surgical care provided a person while attending field training or a practice cruise under chapter 103 of title 10, United States Code." TITLE IV—MISCELLANEOUS PROVISIONS

Validation of student payments. 70A Stat. 569.

Separability.

Effective dates. Ante, p. 1067.

SEC. 401. All payments made and supplies issued under sections 9385-9387 of title 10, United States Code, in connection with the training iof a person at an Air Force Reserve Officers' Training Corps unit while such person was a student at a civil educational institution where a unit of the corps was not established, are hereby validated. SEC. 402. If a part of this Act is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this Act is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications. SEC. 403. Insofar as it relates to the Army prf)gram and the Air Force program, section 2107(h) of title 10, United States Code, becomes effective on September 1, 1968. Until that date, not more than four thousand cadets may be in either of those programs at any one time. So far as it relates to the Navy program, section 2107(h) of title 10 becomes effective on September 1, 1965. Approved October 13, 1964.

Public Law 88-648 October 13, 1964 [S. 2654]

Point Pleasant Canal, N.J. Designation.

AN ACT To change the name of the canal, known as the Bay Head-Manasquan Canal and as the Manasquan Rlver-Barnegat Bay Canal, to Point Pleasant Canal.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,, That the canal, known as the Bay Head-Manasquan Canal and as the Manasquan River-Barnegat Bay Canal, which is located in the Borough of Point Pleasant, New Jersey, shall hereafter be.known as Point Pleasant Canal and any law, regulation, document, or record of the United States in which such canal is designated or referred to under the name Bay Head-Manasquan Canal or Manasquan River-Barnegat Bay ('anal shall be held to refer to such canal under and by the name of Point Pleasant Canal. Approved October 13, 1964. Public Law 88-649

October 13, 1964 [H.J. R e s. 1192]

89th Congress.

JOINT RESOLUTION Fixing the time of assembly of the Eighty-ninth Congress.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Eighty-ninth (Congress shall assemble at noon on Monday, January 4, 1965. Approved October 13, 1964.

�


text:
Page:United States Statutes at Large Volume 78.djvu/1117

 78 STAT. ]

PUBLIC LAW 88-650-OCT. 13, 1964

1075

Public Law 88-650 AN ACT

October 13, 1964

To amend title II of the Social Security Act to provide full retroactivity for disability determinations, to extend the period within which ministers may elect coverage, and to validate wages erroneously reported for certain engineering aides employed by soil and water conservation districts in Oklahoma, and for other purposes.

[H. R. 9393]

Be it enoMed by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section Act^^lm ^d^"'"t^ 216(i)(2) of the Social Security Act is amended by striking out the es'st^t.^io'so! third sentence and inserting in lieu thereof the following: "A period of 42 USC 4i6. disability shall (subject to section 223(a)(3)) begin— pe^iodf""^ " (A) on the day the disability began, but only if the individual satisfies the requirements of paragraph (3) on such d a y; or " (B) if such individual does not satisfy the requirements of paragraph (3) on such day, then on the first day of the first quarter thereafter in which he satisfies such requirements." (b) Section 216(i)(3) of such Act is amended by striking out "of paragraphs (2) and (4) " and inserting in lieu thereof "of paragraph (2)". (c) Section 216(i)(4) of such Act is repealed. Repeal. (d)(1) The amendments made by subsections (a), (b), and (c) shall apply in the case of applications for disability determinations under section 216(i) of the Social Security Act filed after the month following the month in which this Act is enacted. (2) Except as provided in the succeeding paragraphs, such amendments shall also apply, and as though such amendments had been enacted on July 1, 1962, in the case of applications for disability determinations filed under section 216(i) or the Social Security Act during the period beginning July 1, 1962, and ending with the close of the month following the month in which this Act is enacted, by an individual who— (A) has been under a disability (as defined in such section 216(i)) continuously since he filed such application and up to (i) the first day of the second month following the month in which this Act is enacted or (ii) if earlier, the first day of the month in which he attained the age of 65, and (B) is living on the day specified in subparagraph (A)(i). (3) I n the case of an individual to whom paragraph (2) applies and who filed an application for disability insurance benefits under section 223 of the Social Security Act during the period specified in ^° ^g^- ®2^|such paragraph— (A) i t such individual was under a disability (as defined in •section 223(c) of such Act) throughout such period and was not entitled to disability insurance benefits under such section 223 for any month in such period (except for the amendments made by this section), such application and any application filed during such period for benefits under section 202 of the Social Security Act on the basis of the wages and self-employment ^^ ^*^^- ^^^2income of such individual shall, notwithstanding section 202(j) (2) and the first sentence of section 223(b), be deemed an effective application, or (B) if such individual was entitled (without the application of this section) to disability insurance benefits under section 223 for a continuous period of months immediately preceding— (i) the second month following the month in which this Act was enacted, or (ii) if earlier, the month in which he became entitled to benefits under section 202(a),

�


text:
Page:United States Statutes at Large Volume 78.djvu/1118

 1076

42 USC 401425. 64 Stat. 482. 42 USC 402. 75 Stat. 131.

70 Stat. 815. 42 USC 423.

75 Stat. 134.

Ministers, coverage. 71 Stat. 521; 74 Stat. 926. 26 USC 1402.

PUBLIC LAW 88-650-OCT. 13, 1%4

[78 STAT.

his primary insurance amount shall be recomputed, but only if such amount would be increased solely by reason of the enactment of this section. (4) No monthly insurance benefits, and no increase in monthly insurance benefits, may be paid under title II of the Social Security Act by reason of the enactment of this section for any month before the eleventh month before the month in which this Act is enacted. (5) In the case of an individual (A) who is entitled under section 202 of the Social Security Act (but without the application of subsection (j)(1) of such section) to a widow's, widower's, or parent's insurance benefit, or to an old-age, wife's, or husband's insurance benefit which is reduced under section 202(q) of such Act, for any month in the period referred to in paragraph (2) of this subsection, (B) who was under a disability (as defined in section 223(c) of the Social Security Act) which began prior to the sixth month before the first month for which the benefits referred to in clause (A) are payable and which continued through the month following the month in which this Act is enacted, and (C) who files an application for disability insurance benefits under section 223(a)(1) of the Social Security Act— (i) subsection (a)(3) of section 223 of the Social Security Act shall not prevent him from being entitled to such disability insurance benefits; (ii) the provisions of subsection (a)(1) of such section 223 terminating entitlement to disability insurance benefits by reason of entitlement to old-age insurance benefits shall not apply with respect to him unless and until he again becomes entitled to such old-age insurance benefits under the provisions of section 202 of such Act; (iii) such individual shall, for any month for which he is thereby entitled to both old-age insurance benefits and disability insurance benefits, be entitled only to such disability insurance benefits; and (iv) in case the benefits reduced under subsection (q) of section 202 of such Act are old-age insurance benefits (I) such old-age insurance benefits for the months in the period referred to in paragraph (2) of this subsection shall not be recomputed solely by reason of the enactment of this section, and, if otherwise recomputed, the provisions of and amendments made by this section shall not apply to such recomputation; and ( II) the months for which he received such old-age insurance benefits before or during the period for which he becomes entitled, by reason of such enactment, to disability insurance benefits under such section 223 and the months for which he received such disability insurance benefits shall be excluded from the "reduction period" and the "adjusted reduction period", as defined in paragraphs (5) and (6), respectively, of such subsection (q) for purposes of determining the amount of the old-age insurance benefits to which he may subsequently become entitled. (6) The entitlement of any individual to benefits under section 202 of the Social Security Act shall not be terminated solely by reason of the enactment of this section, except where such individual is entitled to benefits under section 202(a) or 223 of such Act in an amount which (but for this subsection) would have required termination of such benefits under such section 202. SEC. 2. (a) Clause (B) of section 1402(e)(2) of the Internal Revenue Code of 1954 (relating to time for filing waiver certificate by ministers, members of religious orders, and Christian Science practitioners) is amended by striking out "his second taxable year ending

�


text:
Page:United States Statutes at Large Volume 78.djvu/1119

 78 STAT. ]

PUBLIC LAW 88-650-OCT. 13, 1964

after 1959" and inserting in lieu thereof "his second taxable year ending after 1962". (b) Section 1402(e)(3) of such Code (relating to effective date of certificate) is amended by adding at the end thereof the following new subparagraph: " (C) Notwithstanding the first sentence of subparagraph (A), if an individual files a certificate after the date of the enactment of this subparagraph and on or before the due date of the return (including any extension thereof) for his second taxable year ending after 1962, such certificate shall be effective for his first taxable year ending after 1961 and all succeeding years." (c) The amendments made by subsections (a) and (b) shall be applicable only with respect to certificates filed pursuant to section 1402(e) of the Internal Revenue Code of 1954 after the date of the enactment of this Act; except that no monthly benefits under title II of the Social Security Act for the month in which this Act is enacted or any prior month shall be payable or increased by reason of such amendments. SEC. 3. For purposes of the agreement under section 218 of the Social Security Act entered into by the State of Oklahoma, remuneration paid to district engineering aides of soil and water conservation districts of the State of Oklahoma which was reported by the State as amounts paid to such aides as employees of the State for services performed by them during the period beginning January 1, 1951, and ending with the close of June 30, 1962, shall be deemed to have been paid to such aides for services performed by them in the employ of the State. SEC. 4. (a) Section 209 of the Social Security Act (relating to definition of wages) is amended— (1) by striking out "or" at the end of subsection (i); (2) by striking out the period at the end of subsection (j) and inserting in lieu thereof ", or"; and (3) by inserting immediately after subsection (j) the following new subsection: " (k) Remuneration paid to or on behalf of an employee if (and to the extent that) at the time of the payment of such remuneration it is reasonable to believe that a corresponding deduction is allowable under section 217 of the Internal Revenue Code of 1954." (b) Section 3121(a) of the Internal Revenue Code of 1954 (relating to definition of wages) is amended— (1) by striking out "or" at the end of paragraph (9); (2) by striking out the period at the end of paragraph (10) and inserting in lieu thereof "; or"; and (3) by adding after paragraph (10) the following new paragraph: "(11) remuneration paid to or on behalf of an employee if (and to the extent that) at the time of the payment of such remuneration it is reasonable to believe that a corresponding deduction is allowable under section 217." (c) Section 3306(b) of such Code (relating to definition of wages) is amended— (1) by striking out the period at the end of paragraph (8) and inserting in lieu thereof "; or"; and (2) by adding after paragraph (8) the following new paragraph: "(9) remuneration paid to or on behalf of an employee if (and to the extent that) at the time of the payment of such

1077

74 Stat. 926. 26 USC 1402.

42 USC 401-425.

Oklahoma, Conservation district emploj'^ ees. 64 Stat. 514. 42 USC 418.

"Wages.»» 64 Stat. 492. 42 USC 409.

Ante, p. 51. 68A Stat. 417. 26 USC 3121.

Unemployment taxes. 26 USC 3306.

�


text:
Page:United States Statutes at Large Volume 78.djvu/1120

 1078 Ante,

PUBLIC LAW 88-651-OCT. 13, 1964 p. 51.

Aid to the blind. 74 Stat. 997; 76 Stat. 206. 42 USC 1202.

76 Stat. 198. 42 USC 1382.

[78 STAT.

remuneration it is reasonable to believe that a corresponding deduction is allowable under section 217." (d) The amendments made by this section shall apply with respect to remuneration paid on or after the first day of the first calendar month which begins more than ten days after the date of the enactment of this Act. SEC. 5. (a) Clause (8) of section 1002(a) of the Social Security Act is amended to read as follows: "(8) provide that the State agency shall, in determining need, take into consideration any other income and resources of the individual claiming aid to the blind, as well as any expenses reasonably attributable to the earning of any such income, except that, in making such determination, the State agency (A) shall disregard the first $85 per month of earned income, plus one-half of earned income in excess of $85 per month, (B) shall, for a period not in excess of twelve months, and may, for a period not in excess of thirty-six months, disregard such additional amounts of other income and resources, in the case of an individual who has a plan for achieving self-support approved by the State agency, as may be necessary for the fulfillment of such plan;". (b) Clause (14) of section 1602(a) of such Act is amended to read as follows: "(14) provide that the State agency shall, in determining need for aid to the aged, blind, or disabled, take into consideration any other income and resources of an individual claiming such aid, as well as any expenses reasonably attributable to the earning of any such income; except that, in making such determination with respect to any individual who is blind, the State agency (A) shall disregard the first $85 per month of earned income plus one-half of earned income in excess of $85 per month, and (B) shall, for a period not in excess of twelve months, and may, for a period not in excess of thirty-six months, disregard such additional amounts of other income and resources, in the case of an individual who has a plan for achieving selfsupport approved by the State agency, as may be necessary for the fulfillment of such plan, and in making such determination with respect to any other individual who has attained age 65 and is claiming aid to the aged, blind, or disabled, of the first $50 per month of earned income the State agency may, after December 31, 1962, disregard not more than the first $10 thereof plus one-half of the remainder; and". Approved October 13, 1964.

Public Law 88-651 October 13, 1964 [H. R. 2434]

Veterans. Medal of Honor Roll. 77 Stat. 9 5.

AN ACT To amend section 560 of title 38, United States Code, to permit the payment of special pension to holders of the Congressional Medal of Honor awarded such medal for actions not involving conflict with an enemy, and for other purposes.

Be It enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 560(b) of title 38, United States Code, is amended (1) by striking out "fifty years" and inserting in lieu thereof "forty years" and (2) lay striking out "beyond the call of duty" and all that follows through the end thereof and inserting in lieu thereof "beyond the call of duty while so serving." Approved October 13, 1964.

�


text:
Page:United States Statutes at Large Volume 78.djvu/1121

 78 STAT. ]

PUBLIC LAW 88-652-OCT. 13, 1964

1079

Public Law 88-652 AN ACT

October 13, 1.964

To provide an equitable system for the classification of certain positions under the House of Representatives, and for other purposes.

[H. R. 12318]

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

^ SHORT TITLE

of the

'

House Empioyees Position Classification Act.

1. This Act may be cited as the "House Employees Position Classification Act". SECTION

PURPOSE

SEC. 2. I t is the purpose of this Act to provide a classification system for the equitable establishment and adjustment of rates of compensation for, and for the efficient utilization of personnel in, certain positions under the House of Representatives to which this Act applies, through— (1) the creation and maintenance of orderly and equitable compensation relationships for such positions— (A) in accordance with the principle of equal pay for substantially equal work, and (B) with due regard to (i) differences in the levels of difficulty, responsibility, and qualification requirements of the work, (li) the kind of work performed, (iii) satisfactory performance, and (iv) length of service; (2) the application of appropriate position standards and position descriptions for such positions; and (3) the adoption of organization and position titles in the House which accurately reflect the respective functions, duties, and responsibilities of those organizations and positions in the House to which this Act applies. APPLICATION

SEC. 3. This Act shall apply to— (1) all positions under the Clerk, the Sergeant at Arms, the Doorkeeper, and the Postmaster, of the House of Representatives, except the positions of telephone operator and positions on the United States Capitol Police force j (2) the position of minority pair clerk in the House; (3) all positions under the House Recording Studio; and (4) all positions under the House Radio and Television Correspondents' Gallery and the House Periodical Press Gallery. COMPENSATION SCHEDULES

SEC. 4. (a)(1) The Committee on House Administration of the House of Representatives (hereinafter referred to as the "committee") shall establish and maintain, and, from time to time, may revise, for positions to which this Act applies (other than positions within the purview of subsection (b) of this section the compensation for which is fixed and adjusted from time to time in accordance with prevailing rates), a compensation schedule of per annum rates, which shall be known as the "House Employees Schedule" and for which the symbol ee's"° hed^3'°^' shall be " H S ", subject to the following provisions: (A) Such schedule shall be composed of such number of compensation levels as the committee deems appropriate. 31-667 0-65—71

�


text:
Page:United States Statutes at Large Volume 78.djvu/1122

 1080

Ante, p. 400.

sch"dide^'»'^^^^

PUBLIC LAW 88-652-OCT. 13, 1964

[78 STAT.

(B) Each compensation level shall consist of twelve compensation steps. (C) The per annum rate of compensation for each compensation step of each compensation level shall be in such amount as the committee deems appropriate, except that the per annum rate of compensation for the maximum compensation step of the highest compensation level shall not exceed the maximum rate of compensation authorized by the Classification Act of 1949, as amended. (2) The rates of compensation for such positions shall be in accordance with such schedule. (b) The committee shall establish and maintain, and, from time to time, may revise, for positions under the Clerk, the Sergeant at Arms, the Doorkeeper, and the Postmaster, of the House of Representatives, the compensation for which, in the judgment of the committee, should be fixed and adjusted from time to time in accordance with prevailing rates, a compensation schedule providing for per annum or per hour rates, or both, established in accordance with prevailing rates and consisting or such number of compensation evels and steps as the committee deems appropriate, which shall be known as the "House Wage Schedule" and for which the symbol shall be " H W S ". The rates of compensation for such positions shall be in accordance with such schedule.

J

POSITION STANDARDS A N D DESCRIPTIONS

SEC. 5. (a)(1) It shall be the duty of the committee to prescribe, revise, and (on a current basis) maintain position standards which shall apply to positions (in existence on, or established after, the effective date of this Act) under the House of Representatives to which this Act applies. (2) The position standards shall— (A) provide for the separation of such positions into appropriate classes for pay and personnel purposes on the basis of reasonable similarity with respect to types of positions, qualification requirements oi positions, and levels of difficulty and responsibility of work, and (B) govern the placement of such positions in their respective appropriate compensation levels of the appropriate compensation schedule. (b)(1) Subject to review and approval by the committee, the Clerk, the Sergeant at Arms, the Doorkeeper, and the Postmaster of the House of Representatives, shall prepare, revise, and (on a current basis) maintain, at such times and in such form as the committee deems appropriate, position descriptions of the respective positions (in existence on, or established after, the effective date of this Act) under the House of Representatives to which this Act applies which are under their respective jurisdictions, including— (A) with respect to the Clerk, positions under the House Recording Studio, (B) with respect to the Sergeant at Arms, the position of minority pair clerk in the House, and (C) with respect to the Doorkeeper, positions under the House Radio and Television Correspondents' Gallery and the House Periodical Press Galler^jr. (2) The position descriptions shall— (A) describe in detail the actual duties, responsibilities, and qualification requirements of the work of each of such positions, CB) provide a position title for such position which accurately reflects such duties and responsibilities, and

�


text:
Page:United States Statutes at Large Volume 78.djvu/1123

 78 STAT. ]

PUBLIC LAW 88-652-OCT. 13, 1964

(C) govern the placement of such position in its appropriate class. (c) The Clerk, the Sergeant at Arms, the Doorkeeper, and the Postmaster, of the House of Representatives, shall transmit to the committee, at such times and in such form as the committee deems appropriate, all position descriptions required by subsection (b) of this section to be prepared, provided, and currently maintained by them, together with such other pertinent information as the committee may require, in order that the committee shall have, at all times, current information with respect to such position descriptions, the positions to which such descriptions apply, and related personnel matters within the purview of this Act. Such information so transmitted shall be kept on file in the committee. (d) Notwithstanding any other provision of this Act, the committee shall have authority, which may be exercised at any time in its discretion, to— (1) conduct surveys and studies of all organization units, and the positions therein, to which this Act applies; (2) ascertain on a current basis the facts with respect to the duties, responsibilities, and qualification requirements of any position to which this Act applies; (3) prepare and revise the position description of any such position* (4) place any such position in its appropriate class and compensation level; (5) decide whether any such position is in its appropriate class and compensation level; (6) change any such position from one class or compensation level to any other class or compensation level whenever the facts warrant; and (7) prescribe such organization and position titles as may be appropriate to carry out the purposes of this Act. All such actions of the committee shall be binding on the House officer and organization unit concerned and shall be the basis for payment of compensation and for other personnel benefits and transactions until otherwise changed by the committee. P L A C E M E N T OF P O S I T I O N S I N C O M P E N S A T I O N SCHEDULES

SEC. 6. The committee shall place each position (in existence on, or established after, the effective date of this Act) under the House of Representatives to which this Act applies in its appropriate class, and in its appropriate compensation level of the appropriate compensation schedule, in accordance with the position standards and position descriptions provided for in section 5 of this Act. The committee is authorized, when circumstances so warrant, to change any such position from one class or compensation level to another class or compensation level. All actions of the committee under this section shall be binding on the House officer and organization unit concerned and shall be the basis for payment of compensation and for other personnel benefits and transactions until otherwise changed by the committee. S T E P INCREASES

SEC. 7. (a) Each employee in a compensation level of the House Employees Schedule ( H S), who has not attained the highest scheduled rat« of comj^ensation for the compensation le^^l ( H S level) in which his position is placed, shall be advanced successively to the next higher step of such H S level, as follows:

1081

�


text:
Page:United States Statutes at Large Volume 78.djvu/1124

 1082

PUBLIC LAW 88-652-OCT. 13, 1964

[78 STAT.

(1) to steps 2, 3, and 4, respectively—at the beginning of the first pay period following the completion, without break in service of more than thirty months, of one year of satisfactory service in the next lower step; (2) to steps 5, 6, and 7, respectively—at the beginning of the first pay period following the completion, without break in service of more than thirty months, of two years of satisfactory service in the next lower step; (3) to steps 8, 9, and 10, respectively—at the beginning of the first pay period following the completion, without break in service of more than thirty months, of three years of satisfactory service in the next lower step; and (4) to steps 11 and 12, respectively—at the beginning of the first pay period following the completion, without break in service of more than thirty months, of five years of satisfactory service in the next lower step. (b) The receipt of an increase in compensation during any of the waiting periods of service specified in subsection (a) of this section shall cause a new full waiting period of service to commence for further step increases under such subsection. (c) Any increase in compensation granted by law, or granted by reason of an increase made by the committee in the rates of compensation of the House Employees Schedule, to employees within the purview of subsection (a) of this section shall not be held or considered to be an increase in compensation for the purposes of subsection (b) of this section. (d) The benefit of successive step increases under subsection (a) of this section shall be preserved, under regulations prescribed by the committee, for employees whose continuous service is interrupted by service in the Armed Forces of the United States. (e) The committee shall establish and maintain, and, from time to time, may revise, a system of automatic advancement, by successive step increases in compensation, on the basis of satisfactory service performed, without break in service of more than thirty months, for employees subject to the House Wage Schedule ( H W S). I n the operation of such system of step increases the committee may prescribe regulations to the effect that— (1) the receipt of an increase in compensation during any of the waiting periods of service required for advancement by step increases under such system shall cause a new full waiting period of service to commence for further step increases under such Bystem; (2) any increase in compensation granted by law, or granted by reason of an increase made by the committee in the rates of compensation of the House Wage Schedule, to employees within ' the purview of such system of step increases shall not be held or considered to be an increase in compensation for the purposes of subparagraph (1) of this subsection; and (3) the benefit of successive step increases under such system of step increases shall be preserved, under regulations prescribed by the committee, for employees whose continuous service is interrupted by service in the Armed Forces of the United States. APPOINTMENTS A N D RECLASSIFICATIONS TO HIGHER COMPENSATION LEVELS

SEC. 8. (a) Each employee in a compensation level of the House Employees Schedule ( H S), who is appointed to a position in a higher compensation level of such schedule, or whose position is placed in a higher compensation level of such schedule pursuant to a reclassifica-

�


text:
Page:United States Statutes at Large Volume 78.djvu/1125

 78 STAT. ]

PUBLIC LAW 88-652-OCT. 13, 1964

tion of such position, shall be paid compensation in such higher compensation level, in accordance with the following provisions, whichever is first applicable in the following numerical order of precedence: (1) at the rate of the lowest step for which the rate of compensation equals the rate of compensation for that step, in the compensation level from which he is appointed, which is two steps above the step in such level which he had attained immediately prior to such appointment; (2) at the rate of the lowest step for which the rate of compensation exceeds, by not less than two steps of the compensation level from which he is appointed, his rate of compensation immediately prior to such appointment; or (3) at the rate of the highest step of such higher compensation level, or at his rate of compensation immediately prior to such appointment, whichever rate is the higher. (b) The committee may provide by regulations for the payment of compensation, at an appropriate compensation step determined in accordance with such regulations, to each employee subject to the House Wage Schedule ( H W S) who is appointed to a position in a higher compensation level of such schedule or whose position is placed in a higher compensation level of such schedule pursuant to a reclassification of such position. REDUCTIONS I N

COMPENSATION

LEVEL

SEC. 9. Each employee in a position of a compensation level of the House Employees Schedule ( H S) or the House Wage Schedule ( H W S), whose employment in such position and level is terminated and who is reemployed, with or without break in service, in a position in a lower compensation level ( H S level or H W S level) of such schedule, or whose position is placed in a lower compensation level of such schedule pursuant to a reclassification of such position, shall be placed by the committee in such step of such lower compensation level as the committee deems appropriate. APPOINTMENTS

SEC. 10. Except as otherwise provided by this Act, each individual appointed to a position subject to the House Employees Schedule ( H S) or the House Wage Schedule ( H W S) shall be placed in the minimum step of the appropriate compensation leveil ( H S level or H W S level) of such schedule. ESTABLISHMENT

OF POSITIONS

SEC. 11. The committee may authorize the establishment of additional positions of the kind to which this Act applies, on a permanent basis or on a temporary basis of not to exceed six months' duration, whenever, in the judgment of the committee, such action is warranted in the interests of the orderly and efficient operation of the House of Representatives. The compensation of each such position may be paid out of the contingent fund of the House of Representatives until otherwise provided by law. An additional position of the kind to which this Act applies shall not be established without authorization of the committee. PRESERVATION OF APPOINTING AUTHORITIES

SEC. 12. This Act shall not be held or considered to change or otherwise affect—

1083

�


text:
Page:United States Statutes at Large Volume 78.djvu/1126

 1084

PUBLIC LAW 88-652-OCT. 13, 1964

[78 STAT.

(1) any authority to est'ablish positions under the House of Representatives which are not within the purview of this Act, or (2) any authority to make appointments to positions under the House of Representatives, irrespective of whether such positions are within the purview of this Act. REGULATIONS

SEC. 13. The committee is authorized to prescribe such regulations as may be necessary to carry out the purposes of this Act. DUAL C O M P E N S A T I O N

SEC. 14. For the purposes of applicable law relating to the payment to any employee subject to the House Employees Schedule or the House Wage Schedule of compensation from more than one civilian office or position, the rate of basic compensation of each employee subject to any such schedule shall be held and considered to be that rate which, when increased by addition'al compensation then currently authorized by law for House employees generally, equals or most nearly equals the per annum rate of compensation of such employee under such schedule. SAVING PROVISIONS

SEC. 16. (a) Notwithstanding any provision of this Act, the aggregate (gross) rate of compensation of any employee immediately prior to the effective date of this Act shall not be reduced by reason of the enactment of this Act. (b) For the purposes of applicable law relating to the payment to any individual of compensation from more than one civilian office or position, each employee of the House to whom this Act applies who, immediately prior to the effective date of this Act— (1) is receiving basic compensation from more than one civilian office or position and (2) is m compliance with such law shall be held and considered to be in compliance with such law on and after such effective date, notwithstanding the enactment of this Act, so long as such employee continues to receive, without break in service of more than thirty days, the same or lower rate of basic compensation in a position to which this Act does not apply. CHANGES I N EXISTING LAW

SEC. 16. (a) Section 105(f) of the Legislative Branch Appropriation Act, 1957 (70 Stai. 371; Public Law 624, 84th Congress; 2 U.S.C. 123b(f)), which relates to compensation of personnel under the House Recording Studio, is amended by striking out "and fix the compensation of". (b) The proviso under the heading "House of Representatives" and under the caption "Office of the Doorkeeper", which relates to compensation of pages of the House of Representatives, in the Legislative Branch Appropriation Act, 1949 (62 Stat. 426; Public Law 641, Eightieth Congress; 2 U.S.C. 88c), is amended by striking out "shall be at the basic rate of $1,800 per annum and". EFFECTIVE

DATE

SEC. 17. This Act shall become effective on January 1, 1965. Approved October 13, 1964.

�