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TITLE II — R E S E A E C H, DEVELOPMENT, T E S T, AND EVALUATION SEC. 201. Funds are hereby authorized to be appropriated during the fiscal year 1967 for the use of the Armed Forces of the United States for research, development, test, and evaluation, as authorized by law, in amounts as follows: For the Army, $1,539,500,000, of which amount $431,400,000 is authorized only for continued research, development, test, and evaluation, and research, development, and tests related to preproduction activities on the N I K E - X antiballistic missile system; For the Navy (including the Marine Corps), $1,801,100,000, of which amount $26,600,000 is authorized only for the research, development, test and evaluation of the medium-range guided missile CONDOR and $5,000,000 is authorized only for research, development, test and evaluation related to the Deep Submergence Program, giving due regard in all such research programs to benefits which may accrue therefrom to the American Merchant Marine; For the Air Force, $3,118,600,000, of which amount $22,800,000 is authorized only for research and development related to the Advanced Manned Strategic Aircraft and $200,000,000 is authorized only for research and development related to the Manned Orbiting Laboratory; and For Defense Agencies, $459,059,000. SEC. 202. There is hereby authorized to be appropriated to the Department of Defense during fiscal year 1967 for use as an emergency fund for research, development, test, and evaluation or procurement or production related thereto, $125,000,000. TITLE III—PAY OF THE UNIFORMED SERVICES 79 Stat. 545.

SEC. 301. Section 203(a) of title 37, United States Code, is amended to read as follows: " (a) The rates of monthly basic pay for members of the uniformed services within each pay grade are set forth in the following tables: "COMMISSIONED OFFICERS Years of service c o m p u t e d under section 205 ' ' P a y grade 2 or less O-IO' 0-9 — 0-8 0-7 0-6—. 0-5.... 0-4.... 0-3 2 0-2 2.. 0-1 2

-.

$1,424.10 1,262.10 1,143.30 949.80 703.80 562.80 474.90 441.60 353.70 303.90

Over 2

Over 3

Over 4

$1,474.50 1,295.10 1,177. 50 1,014.90 773.70 661. 50 577.80 493. 20 420.30 336.30

$1,474.50 1,323.30 1,205.40 1,014.90 824.10 706.50 616.80 526.80 504.60 420. 30

$1,474.50 1,323.30 1, 205.40 1,014.90 824.10 706. 50 616.80 583.20 521.40 420.30

Over 6 $1,474.50 1,323.30 1,205.40 1,059.90 824.10 706.50 627.90 611.10 532.5C 420.3C

Years of service c o m p u t e d under section 205 " P a y grade Overs O-lO'. 0-9 0-8 0-7 0-6 0-5. 0-4 0-32 0-2 2 0-12

$1,530.60 1,356.60 1,295.10 1,059.90 824.10 706.50 656.10 633.30 632.50 420.30

Over 10 $1, 530.60 1,356.60 1,295.10 1,121.40 824.10 728.70 700.50 667.20 532.50 420.30

Over 12 $1,648. 20 1,412. 70 1,356.60 1,121.40 824.10 767.70 739.80 700.50 532.50 420.30

Over 14 $1,648.20 1,412. 70 1,356.60 1,177. 50 852.30 818.70 773. 70 717.60 532.50 420.30

Over 16 $1,766.10 1,530.60 1,412. 70 1, 295.10 986. 70 880.20 807.30 717.60 532.50 420.30

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Years of service c o m p u t e d under section 205 " P a y grade O v e r 18

$1,883. 70 1,648.20 1,530.60 1,384.80 1, 059.90 958.60 829.80 717.60 532.60 420. 30

$1, 766.10 1, 530.60 1,474.50 1, 384.80 1, 037.10 930.60 829.80 717.60 532.60 420.30

O-lOi 0-9 0-8.— 0-7 0-6 0-5 0-4 0-32 0-2 2 0-12-

Over 22

O v e r 20

Over 26

$1, 883. 70 1,648.20 1, 592.40 1,384.80 1,121.40 992.40 829.80 717.60 532. 50 420.30

$2, 001.60 1, 766.10 1,592.40 1, 384.80 1, 216. 50 992.40 829.80 717. 60 532.50 420.30

Over 30 $2, 001. 60 1, 766.10 1, 592.40 1, 384. 80 1,216. 50 992.40 829.80 717. 60 532. 50 420.30

"1 WhileservingasChairmanofthe Joint ChiefsofStaff.ChiefofStaffofthe Army, Chiefof Naval Operations, Chief of Staff of the Air Force, or Commandant of the Marine Corps, basic pay for this grade is $2,208.60 regardless of cumulative years of service computed under section 205 of this title. "2 Does not apply to commissioned officers who have been credited with over 4 years' active S3rvic3 as an enlisted member. " COMMISSION E D OFFICERS WHO HAVE B E E N C R E D I T E D WITH OVER 4 YEARS' ACTIVE SERVICE AS AN E N L I S T E D M E M B E R Years of service c o m p u t e d under section 205 " P a y grade Over 4 $583.20 521.40 420.30

0-3 0-2 0-1

Over 8

Over 6 $611.10 532.60 448.50

Over 12

Over 10

$633.30 549.30 465.30

$667.20 577.80 482.10

$700.50 600.00 498.90

Over 14 $728. 70 616.80 521.40

Years of service c o m p u t e d under section 205 " P a y grade O v e r 16 $728. 70 616.80 621.40

0-3 0-2 0-1

Over 18

Over 20

Over 22

$728. 70 616.80 521.40

$728. 70 616.80 521.40

Over 26 $728. 70 616.80 521. 40

$728. 70 616.80 521.40

Over 30 $728. 70 616. 80 521. 40

"WARRANT OFFICERS Years of service c o m p u t e d under section 205 " P a y grade 2 or less W-4 W-3 W-2 W-1

Over 2

Over 3

Over 4

Over 6

Over 8

Over 10

$449.40 408.60 357.60 298.20

$482.10 443.10 387.00 342.00

$482.10 443.10 387.00 342.00

$493.20 448.50 398.10 370. 20

$515. 70 454. 20 420.30 387.00

$538.20 487. 50 443.10 403.80

$560.40 515. 70 459.90 420.30

Over 12 $600.00 532.50 476.40 437. 40

Years of service c o m p u t e d under section 205 " P a y grade Over 14 W-4. W-3 W-2 W-1

$627.90 549.30 493.20 4.^4. 20

Over 16 $650.40 565.80 510.30 471.00

Over 18 $667.20 583.20 626.80 487. 50

Over 20 $689.40 605.70 543.60 504-60

Over 22 $712. 20 627.90 565.80 504 60

Over 26 $767. 70 650. 40 565.80 .'i04 fiO

Over 30 $767. 70 650.40 565.80 .lifW fin

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'ENLISTED M E M B E R S Years of service c o m p u t e d under section 205 " P a y grade 2 or less E-9 E-8 E-7 E-6 E-5 E-4 E-3 E-2 E-1 E - 1 (under 4 months)

$269.40 232.20 200.40 168.60 121.80 100.50 96.90 90.60

Over 2

$322.80 281.70 246.90 211.50 170.10 141.00 129.00

Overs

$334.80 293.40 258.60 222.90 182.10 141.00 129.00

Over 4

$346.50 305.40 270.00 240.60 193.80 141.00 129.00

Over 6

Overs

Over 10

$358.20 317.40 287.70 252.60 193.80 141.00 129.00

$428.40 369.60 328.80 299.40 252.60 193.80 141.00 129.00

$510.60 440.40 381.30 340. 50 311.10 252.60 193.80 141.00 129.00

Over 12 $522.30 452.10 393.60 358.20 322.80 252.60 193.80 141.00 129.00

Year s of service c o m p u t e d under section 205 " P a y grade Over 14 E-9 E-8 E-7 E-6 E-6 E-4 E-3 E-2 E-1

Effective date.

Post, p. 288.

O v e r 16

O v e r 18

O v e r 20

O v e r 22

O v e r 26

O v e r 30

$'534.30 463.80 411.00 369.60 328.80 252.60 193.80 141.00 129.00

$646. 00 475. 50 422. 70 381. 30 328.80 252. 60 193.80 141.00 129.00

$558.00 487.20 434.40 387. 60 328.80 252.60 193.80 141.00 129.00

$569.40 499.20 440.40 387. 60 328. 80 252.60 193.80 141.00 129.00

$599.10 528. 60 469.80 387.60 328. 80 262.60 193.80 141.00 129.00

$657.30 587.10 628. 60 387.60 328. 80 252.60 193. 80 141.00 129.00

$657. 30 587.10 528.60 387. 60 328.80 252.60 193.80 141.00 129. 00."

SEC. 302. Notwithstanding any other provision of law, a member of an armed force who was entitled to pay and allowances under any of the following provisions of law on the day before the effective date of this title shall continue to receive the pay and allowances to which he was entitled on that day plus an increase of 3.2 per centum in the total of his pay and allowances: (1) The Act of March 23, 1946, chapter 112 (60 Stat. 59). (2) The Act of June 26, 1948, chapter 677 (62 Stat. 1052). (3) The Act of September 18, 1950, chapter 952 (64 Stat. A224). After the effective date of this title, no increase in the basic pay or any of the allowances of members of the uniformed services on active duty shall increase the basic pay or any of the allowances of a member covered by the preceding provisions of this section. SEC. 303. Notwithstanding any other provision of law, a member or former member of a uniformed service who initially becomes entitled to retired pay or retainer pay on the effective date of this title shall be entitled to have that pay computed using the rates of basic pay prescribed by the first section of this title. SEC. 304. This title becomes effective July 1, 1966, or the first day of the month in which increases in the rates of compensation under the General Schedule of pay provided in section 603(b) of the Classification Act of 1949, as amended (5 U.S.C. 1113(b)), become effective pursuant to the Federal Employees Salary Act of 1966, whichever is later. TITLE IV—WEAPONS SYSTEMS

76 Stat. 515.

SEC. 401. Section 125(c) of title 10, United States Code, is hereby amended by adding at the end thereof a new sentence as follows: "However, notwithstanding any other provision of this title or any other law, the Secretary of Defense shall not direct or approve a plan to initiate or effect a substantial reduction or elimination of a major weapons system until the Secretary of Defense has reported all the pertinent details of the proposed action to the Congress of the United States while the Congress is in session." Approved July 13, 1966.

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Public Law 89-502 AN ACT

j^jy ^3_ jggg

To enable cottongrowers to establish, finance, and c a r r y out a coordinated program of research and promotion to improve the competitive position of, and to expand m a r k e t s for, cotton.

[H. R. 12322]

Be it enacted by the Senate and House of Representatives of the Cotton Research United States of America in Congress assembled, That this Act shall and Promotion be known as the Cotton Research and Promotion Act. A"" LEGISLATIVE FINDINGS AND DECLARATION OF POLICY

SEC. 2. Cotton is the basic natural fiber of the Nation. I t is produced by many individual cottongrowers throughout the various cotton-producing States of the Nation. Cotton moves in large part in the channels of interstate and foreign commerce and such cotton which does not move in such channels directly burdens or affects interstate commerce in cotton and cotton products. All cotton produced in the United States is in the current of interstate or foreign commerce or directly burdens, obstructs, or affects interstate or foreign commerce in cotton and cotton products. The efficient production of cotton and the maintenance and expansion of existing markets and the development of new or improved markets and uses is vital to the welfare of cottongrowers and those concerned with marketing, using, and processing cotton as well as the general economy of the Nation. I n the years since World W a r II, United States cotton and the products thereof have been confronted with intensive competition, both at home and abroad, from foreign-grown cotton and from other fibers, primarily manmade fibers. The great inroads on the market and uses for United States cotton which have been made by manmade fibers have been largely the result of extensive research and promotion which have not been effectively matched by cotton research and promotion. The production and marketing of cotton by numerous individual farmers have prevented the development and carrying out of adequate and coordinated programs of research and promotion necessary to the maintenance and improvement of the competitive position of, and markets for, cotton. Without an effective and coordinated method for assuring cooperative and collective action in providing for, and financing such programs, individual cotton farmers are unable adequately to provide or obtain the research and promotion necessary to maintain and improve markets for cotton. I t has long been found to be in the public interest to have, or endeavor to have, a reasonable balance between the supply of and demand for cotton grown in this country. To serve this public interest the Congress has provided for the comprehensive exercise of regulatory authority in regulating the handling of such cotton supplemented by pricesupport programs with the objective of adjusting supply to demand in the interest of benefiting producers and all others concerned with the production and handling of cotton as well as the general economy of the country. In order for the objective of such programs to be effectuated to the fullest degree, it is necessary that the existing regulation of marketing be supplemented by providing as part of the overall governmental program for effectuating this objective, means of increasing the demand for cotton with the view of eventually reducing or eliminating the need for limiting marketings and supporting the price of cotton. I t is therefore declared to be the policy of the Congress and the purpose of this Act that it is essential in the public interest through the exercise of the powers provided herein, to authorize and enable the establishment of an orderly procedure for the development, financ-

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ing through adequate assessments on all cotton harvested in the United States, and carrying out an effective and continuous coordinated program of research and promotion designed to strengthen cotton's competitive position and to maintain and expand domestic and foreign markets and uses for United States cotton. COTTON RESEARCH A N D PROMOTION ORDERS

SEC. 3. To effectuate the declared policy of this Act, the Secretary shall, subject to the provisions of this Act, issue and from time to time amend, orders applicable to persons engaged in the harvesting, marketing, ginning, or other handling of cotton, hereinafter referred to as handlers. Such orders shall be applicable to all production or marketing areas, or both, in the United States. NOTICE AND

HEARING

SEC. 4. Whenever the Secretary has reason to believe that the issuance of an order will tend to effectuate the declared policy of this Act, he shall give due notice and opportunity for a hearing upon a proposed order. Such hearing may be requested and a proposal for an order submitted by any cotton producer organization certified pursuant to section 14 of this Act or by any other interested person or persons, including the Secretary. F I N D I N G A N D I S S U A N C E OF A N ORDER

SEC. 5. After notice and opportunity for hearing as provided in section 4, the Secretary shall issue an order if he finds, and sets forth in such order, upon the evidence introduced at such hearing, that the issuance of such order and all the terms and conditions thereof will tend to effectuate the declared policy of this Act. P E R M I S S IV E THERMS I N

ORDERS

SEC. 6. Orders issued pursuant to this Act shall contain one or more of the following terms and conditions, and except as provided in section 7, no others. (a) Providing for the establishment, issuance, effectuation, and administration of appropriate plans or projects for the advertising and sales promotion of cotton and its products.and for the disbursement of necessary funds for such purposes: Provided, however, That any such plan or project shall be directed toward increasing the general demand for cotton or its products but no reference to a private brand or trade name shall be made if the Secretary determines that such reference will result in undue discrimination against the cotton products of other persons: And provided further, That no such advertising or sales promotion programs shall make use of false or unwarranted claims in behalf of cotton or its products or false or unwarranted statements with respect to the quality, value, or use of any competing product. (b) Providing for establishing and carrying on research and development projects and studies with respect to the production, ginning, processing, distribution, or utilization of cotton and its products, to the end that the marketing and utilization of cotton may be encouraged, expanded, improved, or made more efficient, and for the disbursement of necessary funds for such purposes. (c) Providing that handlers or any class of handlers maintain and make available for inspection such books and records as may be

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required by the order and for the filing of reports by such handlers at the times, in the manner, and having the content prescribed by the" order, to the end that information and data shall be made available to the Cotton Board and to the Secretary which is appropriate or necessary to the effectuation, administration, or enforcement of the Act or of any order or regulation issued pursuant to this Act: Provided, however, That all information so obtained shall be kept confidential by all officers and employees of the Department of Agriculture and of the Cotton Board, and only such information so furnished or acquired as the Secretary deems relevant shall be disclosed by them, and then only in a suit or administrative hearing brought at the direction, or upon the request, of the Secretary of Agriculture, or to which he or any officer of the United States is a party, and involving the order with reference to which the information so to be disclosed was furnished or acquired. Nothing in this section shall be deemed to prohibit (1) the issuance of general statements based upon the reports of a number of handlers subject to an order, which statements do not identify the information furnished by any person, or (2) the publication by direction of the Secretary, of the name of any person violating any order, together with a statement of the particular provisions of the order violated by such person. Any such officer or employee violating the provisions of this subsection shall upon conviction be subject to a fine of not more than $1,000 or to imprisonment for not more than one year, or to both, and shall be removed from office. (d) Terms and conditions incidental to and not inconsistent with the terms and conditions specified in this Act and necessary to effectuate the other provisions of such order. REQUIRED TERMS I N ORDERS

SEC. 7. Orders issued pursuant to this Act shall contain the following terms and conditions: (a) Providing for the establishment and selection by the Secretary, of a Cotton Board, and defining its powers and duties, which shall include only the powers: (1) To administer such order in accordance with its terms and provisions; (2) To make rules and regulations to effectuate the terms and provisions of such order, including the designation of the handler responsible for collecting the producer assessment; (3) To receive, investigate, and report to the Secretary complaints of violations of such order; and (4) To recommend to the Secretary amendments to such order. (b) Providing that the Cotton Board shall be composed of representatives of cotton producers selected by the Secretary from nominations submitted by eligible producer organizations within a cottonproducing State, as certified pursuant to section 14 of this Act, or, if the Secretary determines that a substantial number of producers are not members of or their interests are not represented by any such eligible producer organizations, from nominations made by producers in the manner authorized by the Secretary, so that the representation of cotton producers on the Board for each cotton-producing State shall reflect, to the extent practicable, the proportion which that State's marketings of cotton bears to the total marketings of cotton in the United States: Provided, however, That each cotton-producing State shall be entitled to at least one representative on the Cotton Board. (c) Providing that the Cotton Board shall, subject to the provisions of subsection (g) of this section, develop and submit to the Secretary

co«on Board.

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and7e°po1-u^nrr"quirements.

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[80 STAT.

for his approval any advertising or sales promotion or research and development plans or projects, and that any such plan or project must be approved by the Secretary before becoming effective. (d) Providing that the Cotton Board shall, subject to the provisions of subsection (g) of this section, submit to the Secretary for his approval, budgets on a fiscal period basis of its anticipated expenses and disbursements in the administration of the order, including probable costs of advertising and promotion and research and development projects. (e) Providing that the producer or other person for whom the cotton is being handled shall pay to the handler of cotton designated by the Cotton Board pursuant to regulations issued under the order and that such handler of cotton shall collect from the producer or other person for whom the cotton, including cotton owned by the handler, is being handled, and shall pay to the Cotton Board, an assessment prescribed by the order, on the basis of bales of cotton handled, for such expenses and expenditures, including provision for a reasonable reserve, as the Secretary finds are reasonable and likely to be incurred by the Cotton Board under the order, during any period specified by him. To facilitate the collection and payment of such assessments, the Cotton Board may designate different handlers or classes of handlers to recognize differences in marketing practices or procedures utilized in any State or area, except that no more than one such assessment shall be made on any bale of cotton. The rate of assessment prescribed by the order shall be $1 per bale of cotton handled. The Secretary may maintain a suit against any person subject to the order for the collection of such assessment, and the several district courts of the United States are hereby vested with jurisdiction to entertain such suits regardless of the amount in controversy: Provided, That the remedies provided in this section shall be in addition to, and not exclusive of, the remedies provided for elsewhere in this Act or now or hereafter existing at law or in equity. (^) Providing that the Cotton Board shall maintain such books and records and prepare and submit such reports from time to time, to the Secretary as he may prescribe, and for appropriate accounting by the Cotton Board with respect to the receipt and disbursement of all funds entrusted to it. (g) Providing that the Cotton Board, with the approval of the Secretary, shall enter into contracts or agreements for the development and carrying out of the activities authorized under the order pursuant to sections 6(a) and (b), and for the payment of the costs thereof with funds collected pursuant to the order, with an organization or association whose governing body consists of cotton producers selected by the cotton producer organizations certified by the Secretary under section 14, in such manner that the producers of each cotton-producing State will, to the extent practicable, have representation on the governing body of such organization in the proportion that the cotton marketed by the producers of such State bears to the total cotton marketed by the producers of all cotton-producing States, subject to adjustments to reflect lack of participation in the program by reason of refunds under section 11. Any such contract or agreement shall provide that such contracting organization or association shall develop and submit annually to the Cotton Board, for the purpose of review and making recommendations to the Secretary, a program of research, advertising, and sales promotion projects, together with a budget, or budgets, which shall show the estimated cost to be incurred for such

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projects, and that any such projects shall become effective upon approval by the Secretary. Any such contract or agreement shall also provide that the contracting organization shall keep accurate records of all its transactions and make an annual report to the Cotton Board of activities carried out and an accounting for funds received and expended, and such other reports as the Secretary may require. (h) Providing that no funds collected by the Cotton Board under the order shall in any manner be used for the purpose of influencing governmental policy or action, except as provided by subsection (a)(4) of this section. REQUIREMENT OF R E F E R E N D U M A N D COTTON PRODUCER APPROVAL

SEC, 8. The Secretary shall conduct a referendum among persons Avho, during a representative period determined by the Secretary, have been engaged in the production of cotton for the purpose of ascertaining whether the issuance of an order is approved or favored by producers. No order issued pursuant to this Act shall be effective unless the Secretary determines that the issuance of such order is approved or favored by not less than two-thirds of the producers voting in such referendum, or by the producers of not less than two-thirds of the cotton produced during the representative period by producers voting in such referendum and by not less than a majority of the producers voting in such referendum. S U S P E N S I O N AND TERMINATION OF ORDERS

SEC. 9. (a) The Secretary shall, whenever he finds that any order issued under this Act, or any provision thereof, obstructs or does not tend to effectuate the declared policy of this Act, terminate or suspend the operation of such order or such provision thereof. (b) The Secretary may conduct a referendum at any time, and shall hold a referendum on request of 10 per centum or more of the number of cotton producers voting in the referendum approving the order, to determine whether cotton producers favor the termination or suspension of the order, and he shall suspend or terminate such order at the end of the marketing year, as defined in the order, whenever he determines that suspension or termination of the order is approved or favored by a majority of the producers of cotton voting in such referendum who, during a representative period determined by the Secretary, have been engaged in the production of cotton, and who produced more than 50 per centum of the volume of the cotton produced by the cotton producers voting in the referendum. (c) The termination or suspension of any order, or any provision thereof, shall not be considered an order within the meaning of this Act. PROVISIONS A P P L I C A B L E TO AMENDMENTS

SEC. 10. The provisions of this Act applicable to orders shall be applicable to amendments to orders. PRODUCER R E F U N D S

SEC. 11. Notwithstanding any other provision of this Act, any cotton producer against whose cotton any assessment is made and collected from him under the authority of this Act and who is not in favor of supporting the research and promotion program as provided for

283

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herein shall have the right to demand and receive from the Cotton Board a refund of such assessment: Provided, That such demand shall be made personally b^ such producer in accordance with regulations and on a form and within a time period prescribed by the Board and approved by the Secretary, but in no event less than ninety days, and upon submission of proof satisfactory to the Board that the producer paid the assessment for which refund is sought, and any such refund shall be made within sixty days after demand therefor, PETrriON AND REVIEW

SEC. 12. (a) Any person subject to any order may file a written petition with the Secretary, stating that any such order or any provision of such order or any obligation imposed in connection therewith is not in accordance with law and praying for a modification thereof or to be exempted therefrom. H e shall thereupon be given an opportunity for a hearing upon such petition, in accordance with regulations made by the Secretary. After such hearing, the Secretary shall make a ruling upon the prayer of such petition which shall be final, if in accordance with law. (b) The district courts of the United States in any district in which such person is an inhabitant, or has his principal place of business, are hereby vested with jurisdiction to review such ruling, provided a complaint for that purpose is filed within twenty days from the date of the entry of such ruling. Service of process in such proceedings may be had upon the Secretary by delivering to him a copy of the complaint. If the court determines that such ruling is not in accordance with law, it shall remand such proceedings to the Secretary with directions either (1) to make such ruling as the court shall determine to be in accordance with law, or (2) to take such further proceedings as, in its opinion, the law requires. The pendency of proceedings instituted pursuant to subsection (a) of this section shall not impede, hinder, or delay the United States or the Secretary from obtaining relief pursuant to section 13(a) of this Act. ENFORCEMENT

SEC, 13. (a) The several district courts of the United States are vested with jurisdiction specifically to enforce, and to prevent and restrain any person from violating any order or regulation made or issued pursuant to this Act. (b) Any handler who willfully violates any provision of any order issued by the Secretary under this Act, or who willfully fails or refuses to collect or remit any assessment or fee duly required of him thereunder, shall be liable to a penalty of not more than $1,000 for each such offense which shall accrue to the United States and may be recovered in a civil suit brought by the United States. CERTIFICATION OF COTTON PRODUCR ORGANIZATION

SEC. 14. The eligibility of each cotton producer organization to represent cotton producers of a cotton producing State to request the issuance of an order under section 4, and to participate in the making of nominations under section 7(b) shall be certified by the Secretary and shall be based in addition to other available information upon a factual report submitted by the organization which shall contain

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information deemed relevant and specified by the Secretary for the making of such determination, including the following: (a) Geographic territory within the State covered by the organization's active membership; (b) Nature and size of the organization's active membership in the State, proportion of total of such active membership accounted for by farmers, a map showing the cotton-producing counties in such State in which the organization has members, the volume of cotton produced in each such county, the number of cotton producers in each such county, and the size of the organization's active cotton producer membership in each such county; (c) The extent to which the cotton producer membership of such organization is represented in setting the organization's policies; ^d) Evidence of stability and permanency of the organization; (e) Sources from which the organization's operating funds are derived; (f) Functions of the organization; and (g) The organization's ability and willingness to further the aims and objectives of this Act: Provided, however, That the primary consideration in determining the eligibility of an organization shall be whether its cotton farmer membership consists of a sufficiently large number of the cotton producers who produce a relatively significant volume of cotton to reasonably warrant its participation in the nomination of members for the Cotton Board. The Secretary shall certify any cotton producer organization which he finds to be eligible under this section, and his determination as to eligibility shall be final. REGULATIONS

SEC. 15. The Secretary is authorized to make such regulations with the force and effect of law, as may be necessary to carry out the provisions of this Act and the powers vested in him by this Act. INVESTIGATIONS: POWER TO SUBPENA A N D T A K E OATHS A N D A F F I R M A T I O N S: AID OF COURTS: S E L F - I N C R I M I N A T I O N

SEC. 16. (a) The Secretary may make such investigations as he deemis necessary for the effective carrying out of his responsibilities under this Act or to determine whether a handler or any other person has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of this Act, or of any order, or rule or regulation issued under this Act. For the purpose of any such investigation, the Secretary is empowered to administer oaths and affirmations, subpena witnesses, compel their attendance, take evidence, and require the production of any books, papers, and documents which are relevant to the inquiry. Such attendance of witnesses and the production of any such records may be required from any place in the United States. I n case of contumacy by, or refusal to obey a subpena issued to, any person, including a handler, the Secretary may invoke the aid of any court of the United States within the jurisdiction of which such investigation or proceeding is carried on, or where such person resides or carries on business, in requiring the attendance and testimony of witnesses and the produc-

65-300 0-67—21

285

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[80 STAT.

tion of books, papers, and documents; and such court may issue an order requiring such person to appear before the Secretary, there to produce records, if so ordered, or to give testimony touching the matter under investigation. Any failure to obey such order of the court may be punished by such court as a contempt thereof. All process in any such case may be served in the judicial district whereof such person is an inhabitant or wherever he may be found. (b) No person shall be excused from attending and testifying or from producing books, papers, and documents before the Secretary, or in obedience to the subpena of the Secretary, or in any cause or proceeding, criminal or otherwise, based upon or growing out of any alleged violation of this Act, or of any order, or rule or regulation issued thereunder on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture; but no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against selfincrimination, to testify or produce evidence, documentary or otherwise, except that any individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying. DEFINITIONS

SEC. 17. As used in this Act: (a) The term "Secretary" means the Secretary of Agriculture. (b) The term "person" means any individual, partnership, corporation, association, or any other entity. (c) The term "cotton" means all upland cotton harvested in the United States, and, except as used in section 7(e), includes cottonseed of such cotton and the products derived from such cotton and its seed. (d) The term "handler" means any person who handles cotton or cottonseed in the manner specified in the order or in the rules and regulations issued thereunder. (e) The term "United States" means the 50 States of the United States of America. (f) The term "cotton-producing State" means any State in which the average annual production of cotton during the five years 19601964 was twenty thousand bales or more, except that any State producing cotton whose production during such period was less than such amount shall under regulations prescribed by the Secretary be combined with another State or States producing cotton in such manner that such average annual production of such combination of States totaled twenty thousand bales or more, and the term "cotton-producing State" shall include any such combination of States. (g) The term "marketing" includes the sale of cotton or the pledging of cotton to the Commodity Credit Corporation as collateral for a price support loan. SEPARABILITY

SEC. 18. If any provision of this Act or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act and of the application of such provision to other persons and circumstances shall not be affected thereby.

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AUTHORIZATION

SEC. 19. There is hereby authorized to be appropriated out of any money in the Treasury not otherwise appropriated such funds as are necessary to carry out the provisions of this Act. The funds so appropriated shall not be available for the payment of the expenses or expenditures of the Cotton Board in administering any provisions of any order issued pursuant to the terms of this Act. EFFECTIVE DATE

SEC. 20. This Act shall take effect upon enactment. Approved July 13, 1966.

Public Law 89-503 AN ACT To authorize the Attorney General to transfer to the Smithsonian Institution title to certain objects of art.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Attorney General is authorized and directed to transfer to the Smithsonian Institution title to the jade, stone, and bronze objects of art consisting of forty-four pieces which were vested in or transferred to the Attorney General pursuant to the provisions of vesting order 18344, dated August 21, 1951. SEC. 2. After the transfer of title by the Attorney General, the Smithsonian Institution shall have complete discretion to retain, exchange, sell, or otherwise dispose of the objects of art referred to in section 1 in promotion of the purposes for which that Institution was founded. Approved July 18, 1966.

jyiy 18^ jggg [s. 2266]

Smithsonian "xr'insTe" of ce tain art obj ects.

disposition.

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[80 STAT.

Public Law 89-504 July 18, 1966 [H. R. 14122]

Federal Salary and Fringe Benefits Act of 1966.

AN ACT To adjust the rates of basic compensation of certain employees of the Federa Government, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Federal Salary and Fringe Benefits Act of 1966". TITLE I—EXECUTIVE BRANCH SHORT TITLE

Federal Employe e s Salary Act of 1966.

SEC. 101. This title may be cited as the "Federal Employees Salary Act of 1966". E M P L O Y E E S S U B J E C T TO C L A S S I F I C A T I O N ACT O F 1949

SEC. 102. (a) Section 603(b) of the Classification Act of 1949, as amended (79 Stat. 1111; 5 U.S.C. 1113(b)), is amended to read as follows: " (b) The compensation schedule for the General Schedule shall be as follows: Per annum rates and steps

"Grade 1 GS-1 OS-2. OS-3 GS-4.... GS-5 GS-6 GS-7 GS-8 GS-9.. GS-10 GS-11 GS-12 GS-13 GS-14.... GS-15 GS-16 GS-17 QS-18 Adjustment of rates.

2

3

4

6

$3,609 3,925 4,269 4,776 5,331 5,867 6,451 7,068 7,696 8,421 9,221 10,927 12,873 15,106 17,550 20,075 22,760 25,890

$3,731 4,058 4,413 4,936 5,507 6,065 6,664 7,303 7,957 8,709 9,536 11,306 13,321 15,629 18,157 20,745 23,520

$3,853 4,191 4,557 5,096 5,683 6,263 6,877 7,538 8,218 8,997 9,851 11,685 13,769 16,152 18,764 21,415 24,280

$3,975 4,324 4,701 5,256 5,859 6,461 7,090 7,773 8,479 9,285 10,166 12,064 14,217 16,675 19,371 22,085 25,040

$4,097 4,457 4,845 5,416 6,035 6,659 7,303 8,006 8,740 9,573 10,481 12,443 14,665 17,198 19,978 22,755 25,800

6

7

K219 4,590 4,723 4,989 5,133 5,576 5,736 6,211 6,387 6,857 7,055 7,516 7,729 8,2438,478 9,001 9.262 9,861 10,149 10,796 11,111 12,822 13,201 15,113 15,561 17,721 18,244 20,585 21.192 23,425 24,095

8

9

$4,463 $4,585 4,989 4.856 5.277 5,421 5.896 6,056 6,739 6.563 7,2537,451 8,155 7,942 8,7138,948 9.5239,784 10,437 10,725 11.426 11.741 13,580 13,959 16,009 16.457 18,767 19,290 21,799 22,406 24,765 25,435

10 $4,707 5,122 5,565 6,216 6,915 7,649 8,368 9,183 10,045 11.013 12.056 14.338 16.905 19.813 23.013

••

(b) Except as provided in section 504(d) of the Federal Salary Reform Act of 1902 (78 Stat. 412; 5 U.S.C. 1173(d)), the rates of basic compensation of officers and employees to whom the compensation schedule set forth in subsection (a) of this section applies shall be initially adjusted as of the effective date of this section, as follows: (1) If the officer or employee is receiving basic compensation immediately prior to the effective date of this section at one of the rates of a grade in the General Schedule of the Classification Act of 1949, as amended, he shall receive a rate of basic compensation at the corresponding rate in effect (m and after such date. (2) If the officer or employee is receiving basic compensation immediately prior to the effective date of this section at a rate between two rates of a grade in the General Schedule of the Classification Act of 1949, as amended, he shall receive a rate of basic compensation at the higher of the two corresponding rates in effect on and after such date. (3) If the officer or employee is receiving basic compensation immediately prior to the effective date of this section at a rate in

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excess of the maximum rate for his grade, he shall receive (A) the maximum rate for his grade in the new schedule, or (B) his existing rate of basic compensation if such existing rate is higher. (4) If the officer or emploj^ee, immediately prior to the effective date of this section, is receiving, pursuant to section 2(b)(4) of the Federal Employees Salary Increase Act of 1955, an existing 69 Stat. 173. aggregate rate of compensation determined under section 208(b) ^o^e^^ ^ " of the Act of September 1, 1954 (68 Stat. 1111), plus subsequent 5 USC 926note. increases authorized by law, he shall receive an aggregate rate of compensation equal to the sum of his existing aggregate rate of compensation, on the day preceding the effective date of this section, plus the amount of increase made by this section in the maximum rate of his grade, until (i) he leaves his position, or (ii) he is entitled to receive aggregate compensation at a higher rate by reason of the operation of this Act or any other provision of law; but, when such position becomes vacant, the aggregate rate of compensation of any subsequent appointee thereto shall be fixed in accordance with applicable provisions of law. Subject to clauses (i) and (ii) of the immediately preceding sentence of this paragraph, the amount of the increase provided by this section shall be held and considered for the purposes of section 208(b) of the Act of September 1, 1954, to constitute a part of the existing rate of compensation of the employee. (5) If the officer or employee, at any time during the period beginning on the effective date of this section and ending on the date of enactment of this Act, was promoted from one grade under the Classification Act of 1949, as amended, to another such grade at a rate which is above the minimum rate thereof, his rate of basic' compensation shall be adjusted retroactively from the effective date of this section to the date on which he was so promoted, on the basis of the rate which he was receiving during the period from such effective date to the date of such promotion and, from the date of such promotion, on the basis of the rate for that step of the appropriate grade of the General Schedule contained in this section which corresponds numerically to the step of the grade of the General Schedule for such officer or employee which was in effect (without regard to this Act) at the time of such promotion. N E W APPOINTMENTS U N D E R CLASSIFICATION ACT O F 1949

SEC. 103. Section 801 of the Classification Act of 1949, as amended (78 Stat. 401; 5 U.S.C. 1131), relating to new appointments, is amended by striking out "grade 13" and inserting in lieu thereof "grade 11". POSTAL F I E L D SERVICE E M P L O Y E E S

SEC. 104. (a) Section 3542(a) of title 39, United States Code, is amended to read as follows: " (a) There is established a basic compensation schedule for positions in the postal field service which shall be known as the Postal Field Service Schedule and for which the symbol shall be ' P F S '. Except as

79 Stat. n u.

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[80 STAT.

provided in sections 3543 and 3544 of this title, basic compensation shall be paid to all employees in accordance with such schedule. "POSTAL F I E L D SERVICE SCHEDULE Per annum rates and steps "PFS 1 1 2 3 4 5 6... 7 8 9 10 11 12 13 14 16 16 17 18 19 20

$4,204 4,662 4,919 6,331 6,697 6,113 6,645 7,088 7,665 8,345 9,221 10,202 - 11,274 12,427 13,736 - 15,179 16,793 18,530 20,526 22,760

2

3

4

5

$4,343 4,701 6,085 5,507 5,888 6,316 6,763 7,323 7,920 8,628 9,536 10,549 11,663 12,859 14,210 15,707 17,380 19,145 21,210 23,520

$4,482 4,850 5,261 5,683 6,079 6,519 6,981 7,568 8,175 8,911 9,861 10,896 12,052 13,291 14,684 16,235 17,967 19,760 21,895 24,280

$4,621 4,999 5,417 5,859 6,270 6,722 7,199 7,793 8,430 9,194 10,166 11,243 12,441 13,723 15,158 16,763 18,654 20,375 22,580 25,040

$4,760 6,148 6,583 6,035 6,461 6,926 7,417 8,028 8,685 9,477 10,481 11,690 12,830 14,155 15,632 17,291 19,141 20,990 23,266 25,800

6

7

$4,899 $6,038 5,297 5,446 5,749 6,915 6,2116,387 6,6526,843 7,128 7,331 7,635 7,863 8,2638,498 8,940 9,195 9,760 10,043 10,796 11,111 11,937 12,284 13, 219 13,608 14,587 15,019 16,106 16,680 17,819 18,347 19,728 20,315 21,605 22,220 23,950 24,635

8

9

10

11

$5,177 5,595 6,081 6,563 7,034 7,634 8,071 8,733 9,450 10,326 11,426 12,631 13,997 15,451 17,054 18,875 20,902 22,835 26,320

$6,316 5,744 6,247 6,739 7,226 7,737 8,289 8,968 9,705 10,609 11,741 12,978 14,386 15,883 17,528 19,403 21,489 23,460

$6,456 6,893 6,413 6,915 7,416 7,940 8,607 9,203 9,960 10,892 12,056 13,325 14,775 16,315 18,002 19,931 22,076 24,065

$5,594 6,042 6,679 7,091 7,607 8,143 8,725

12 $5,733 6,191 6,745 7,267 7,798 8,346

"

(b) Section 3543(a) of title 39, United States Code, is amended to read as follows: "(a) There is established a basic compensation schedule which shall be known as the Rural Carrier Schedule and for which the symbol shall be 'RCS'. Compensation shall be paid to rural carriers in accordance with this schedule. " R U R A L C A R R I E R SCHEDULE "Per annum rates and steps 1

2

3

4

6

6

7

8

9

10

11

12

Carrier in rural delivery service: Fixed compensation per a n n u m... $2,391 $2,607 $2,623 $2,739 $2,855 $2,971 $3,067 $3,203 $3,319 $3,435 $3,551 $3,667 Compensation per mile per annum for each mile u p to 30 miles of 102 104 92 94 96 98 100 106 110 88 90 108 For each mile of route over 30 25 25 25 26 25 25 25 25 25 25". miles 25 26

(c) Section 3544(a) of title 39, United States Code, is amended to read as follows: "(a) There is established a basic compensation schedule, which shall be known as the Fourth Class Office Schedule and for which the symbol shall be 'FOS', for postmasters in post offices of the fourth class, which is based on the revenue units of the post office for the preceding

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fiscal year. Basic compensation shall be paid to postmasters in post offices of the fourth class in accordance with this schedule. " F O U R T H CLASS OFFICE S C H E D U L E

P e r a n n u m r a t e s and steps "Revenue units 1 30 b u t fewer than 33 24 b u t fewer than 30 18 b u t fewer than 24 12 b u t fewer than 18 6 b u t fewer than 12 Fewer than 6

2

3

4

5

6

7

8

9

10

11

12

$4,019 3,715 3,064 2,407 1,736 1,398

$4,152 3,837 3,168 2,485 1,791 1,443

$4,285 3,959 3,272 2,563 1,846 1,488

$4,418 4,081 3,376 2,641 1,901 1,533

$4,551 4,203 3,480 2,719 1,956 1,578

$4,684 4,325 3,584 2,797 2,011 1,623

$4,817 4,447 3,688 2,875 2,066 1,668

$4,950 4,569 3,792 2,953 2,121 1,713

$5,083 4,691 3,896 3,031 2,176 1,758

$5,216 4,813 4,000 3,109 2,231 1,803

$5,349 4,935 4,104 3,187 2,286 1,848

$5,482 5,057 4,208 3,265 2,341 1,893".

(d) The basic compensation of each employee subject to the Postal Field Service Schedule, the Rural Carrier Schedule, or the Fourth Class Office Schedule immediately prior to the effective date of this section shall be determined as follows: (1) Each employee shall be assigned to the same numerical step for his position which he had attained immediately prior to such effective date. I f changes in levels or steps would otherwise occur on such effective date without regard to enactment of this Act, such changes shall be deemed to have occurred prior to conversion. (2) I f the existing basic compensation is greater than the rate to which the employee is converted under paragraph (1) of this subsection, the employee shall be placed in the lowest step which exceeds his basic compensation. I f the existing basic compensation exceeds the maximum step of his position, his existing basic compensation shall be established as his basic compensation. E M P L O Y E E S I N THE DEPARTMENT OF M E D I C I N E A N D SURGERY OF THE VETERANS'

ADMINISTRATION

SEC. 105. Section 4107 of title 38, United States Code, relating to ^^ ^^at. 1117. grades and pay scales for certain positions within the Department of Medicine and Surgery of the Veterans' Administration, is amended to read as follows: "§ 4107. Grades and pay scales " (a) The per annum full-pay scale or ranges for positions provided in section 4108 of this title, other than Chief Medical Director and ''» Stat. 409. Deputy Chief Medical Director, shall be as follows: ((S E C T I O N

4103

SCHEDULE

"Assistant Chief Medical Director, $25,890. "Medical Director, $22,760 minimum to $25,800 maximum. "Director of Nursing Service, $17,550 minimum to $23,013 maximum. "Director of Chaplain Service, $17,550 minimum to $23,013 maximum. "Chief Pharmacist, $17,550 minimum to $23,013 maximum. "Chief Dietitian, $17,550, minimum to $28,013 maximum. " (b)(1) The grades and per annum full-pay ranges for positions provided in paragraph (1) of section 4104 of this title shall be as follows:

72 Stat. 1244.

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'PHYSICIAN

AND D E N T I S T

[80 STAT.

SCHEDULE

"Director grade, $20,075 minimum to $25,435 maximum. "Executive grade, $18,730 minimum to $24,355 maximum. "Chief grade, $17,550 minimum to $23,013 maximum. "Senior grade, $15,106 minimum to $19,813 maximum. "Intermediate grade, $12,873 minimum to $16,905 maximum. "Full ^rade, $10,927 minimum to $14,338 maximum. "Associate grade, $9,221 minimum to $12,056 maximum. aNURSE

SCHEDULE

"Assistant Director grade, $15,106 minimum to $19,813 maximum. "Chief grade, $12,873 minimum to $16,905 maximum. "Senior grade, $10,927 minimum to $14,338 maximum. "Intermediate grade, $9,221 minimum to $12,056 maximum. "Full grade, $7,696 minimum to $10,045 maximum. "Associate grade, $6,730 minimum to $8,749 maximum. "Junior grade, $5,867 minimum to $7,649 maximum. "(2) No person may hold the director grade unless he is serving as a director of a hospital, domiciliary, center, or outpatient clinic (independent). No person may hold the executive grade unless he holds the position of chief of staff at a hospital, center, or outpatient clinic (independent), or the position of clinic director at an outpatient clinic, or comparable position." FOREIGN SERVICE OFFICERS; S T A F F OFFICERS A N D

79 Stat. 1118.

EMPLOYEES

SEC. 106. (a) The fourth sentence of section 412 of the Foreign Service Act of 1946, as amended (22 U.S.C. 867), is amended to read as follows: "The per annum salaries of Foreign Service officers within each of the other classes shall be as follows: 'Class 1. Class 2. Class 3. Class 4, Class 5, Class 6, Class 7. Class 8,

$23,935 19,333 15,841 12,873 10,602 8,843 7,473 6,451

$24,770 20,004 16,391 13,321 10,970 9,147 7,724 6,664

$25,890 20,675 16,941 13,769 11,338 9,451 7,975 6,877

$21,347 17,491 14, 217 11,706 9,755 8,226 7,090

$22,018 18,041 14,665 12,074 10,059 8,477 7,303

$22,689 18,591 15,113 12,442 10,363 8,728 7,516

$23,360 19,141 15,561 12,810 10,667 8,979 7,729'^

(b) The second sentence of subsection (a) of section 415 of such Act (22 U.S.C. 870(a)) is amended to read as follows: "The per annum salaries of such staff officers and employees within each class shall be as follows: 'Class 1.. Class 2., Class 3.. Class 4., Class 5. Class 6. Class 7_ Class 8. Class 9. Class 10

$15,841 $16,391 $16,941 $17,491 12,873 13,321 13,769 14, 217 10,602 10,970 11,338 11,706 8,843 9,147 9,451 9,755 7,974 8,246 8,518 8,790 7,201 7,441 7,681 7,921 6,614 6,832 7,050 7,268 5,853 6,051 6,249 6,447 5,341 5,517 5,693 5,869 4,776 4,936 5,096 5,256

$18,041 $18,591 $19,141 $19,691 $20,241 14,665 15,113 15,561 16,009 16,457 12,074 12,442 12,810 13,178 13,546 10,069 10,363 10,667 10,971 11,275 9,062 9,334 9,606 9,878 10,150 8,161 8,401 8,641 8,881 9,121 7,486 7,704 7,922 8,140 8,358 6,645 6,843 7,041 7,239 7,437 6,045 6,221 6,397 6,673 6,749 5,416 6,576 5,736 5,896 6,056

$20,791 16,905 13,914 11,579 10,422 9,361 8,576 7,636 6,926 6,216"

(c) Foreign Service officers, Eeserve officers, and Foreign Service staff officers and employees who are entitled to receive basic compensation immediately prior to the effective date of this section at one of the rates provided by section 412 or 415 of the Foreign Service Act of 1946 shall receive basic compensation, on and after such effective

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date, at the rate of their class determined to be appropriate by the Secretary of State. AGRICULTURAL

STABILIZATION

A N D CONSERVATION EMPLOYEES

COUNTY

COMMITTEE

SEC. 107. The rates of compensation of persons employed by the county committees established pursuant to section 8(b) of the Soil 31, Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) shall 7952 Stat. 1120. Stat. be increased by amounts equal, as nearly as may be practicable, to the increases provided by section 102(a) of this title for corresponding rates of compensation. SALARY R.\TES F IX E D BY ADMINISTRATIVE ACTION

SEC. 108. (a) The rates of basic compensation of assistant United States attorneys whose basic salaries are fixed pursuant to section 508 of title 28, United States Code, shall be increased, effective on the,,„''f^^*^*;,'!,^^^' effective date of section 102 of this title, by amounts equal, as nearly 79 Stat. 1122. as may be practicable, to the increases provided by section 102(a) of this title for corresponding rates of compensation. (b) Notwithstanding section 3679 of the Revised Statutes, as amended (31 U.S.C. 665), the rates of compensation of officers and employees of the Federal Government and of the municipal government of the District of Columbia whose rates of compensation are fixed by administrative action pursuant to law and are not otherwise increased by this Act are hereby authorized to be increased, effective on the effective date of section 102 of this title, by amounts not to exceed the increases provided by this title for corresponding rates of compensation in the appropriate schedule or scale of pay. (c) Nothing contained in this section shall be held or considered to authorize any increase in the rates of compensation of officers and employees whose rates of compensation are fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates or practices, (d) Nothing contained in this section shall affect the authority contained in any law pursuant to which rates of compensation may be fixed by administrative action. EFFECTIVE DATES

SEC. 109. This title shall become effective as follows: (1) This section and sections 101, 103, and 108 shall become effective on the date of enactment of this Act. (2) Sections 102, 104, 105, 106, and 107 shall become effective on the first day of the first pay period which begins on or after July 1, 1966. TITLE II — J U D I C I A L BRANCH SHORT TITLE

SEC. 201. This title may be cited as the "Federal Judicial Salary Federal judicial Act of 1966". ^.feT ^ ' ' °' JUDICIAL BRANCH EMPLOYEES

SEC. 202. (a) The rates of basic compensation of officers and employees in or under the judicial branch of the Government whose rates of compensation are fixed by or pursuant to paragraph (2) of subdivision a of section 62 of the Bankruptcy Act (11 U.S.C. 102(a) (2)), section 3656 of title 18, United States Code, the third sentence

^° Ij^J; ^29-

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[80 STAT.

of section 60^5, sections 671 to 675, inclusive, or section 604(a)(5), of 62^star*9iy g'u- ^^^^^ ^^' United States Code, insofar as the latter section applies to 79 Stat! 1121. ' graded positions, are hereby increased by amounts reflecting the respective applicable increases provided by section 102(a) of title I of this Act m corresponding rates of compensation for officers and employees subject to the Classification Act of 1949, as amended. The rates of basic compensation of officers and employees holding ungraded positions and whose salaries are fixed pursuant to such section 604(a)(5) may be increased by the amounts reflecting the respective applicable increases provided by section 102(a) of title I of this Act in corresponding rates of compensation for officers and employees subject to the Classification Act of 1949, as amended. Secretaries and (b) The limitations provided by applicable law on the effective law clerks. ^^^^ ^^ ^j^^g section with respect to the a g ^ e ^ a t e salaries payable to secretaries and law clerks of circuit and district judges are hereby increased by amounts which reflect the respective applicable increases provided by section 102(a) of title I of this Act in corresponding rates of compensation for officers and employees subject to the Classification Act of 1949, as amended. 62 sutTal^"^^' ^^^ Section 753(e) of title 28, United States Code (relating to the 79 stat^ii22.' compensation of court reporters for district courts), is amended by striking out the existing salary limitation contained therein and inserting a new limitation which reflects the respective applicable increases provided by section 102(a) of title I of this Act in corresponding rates of compensation for officers and employees subject to the Classification Act of 1949, as amended. EFFECTIVE DATES

SEC. 203. This title shall become effective as follows: (1) This section and section 201 shall become effective on the date of enactment of this Act. (2) Section 202 shall become effective on the first day of the first pay period which begins on or after July 1, 1966. TiTi^ III—LEGISLATIVE BRANCH SHORT TITLE

Federal Legislative Salary Act of 1966.

^^^ 391^ XMs title may be cited as the "Federal Legislative Salary . j'-.r.nn')^ Act of 1966".

&

./

LEG1SLATI\TE BRANCH EMPLOYEES

79^s'tat^ii2o^' 5 USC 931,932, ^32h. r,"°",^ni°"i^«" and employees. ^mn r^v^^B

SEC. 302. (a) Except as otherwise provided in this title, each officer or employee in or under the legislative branch of the Government, whose rate of compensation is increased by section 5 of the Federal Employees Pay Act of 1946, shall be paid additional compensation at the rate of 2.9 per centum of his gross rate of compensation (basic compensation plus additional compensation authorized by law). (^) '^^^ *^^^^ annual compensation in effect immediately prior to ^^^^ effective date of this section of each officer or employee of the House of Representatives, whose compensation is disbursed by the Clerk of the House of Representatives and is not increased by reason of any other provision of this section, shall be increased by 2.9 per centum. Notwithstanding section 303 of this title or any other provision of this section, the total annual compensation of the Clerk of the House of Representatives and the Sergeant at Arms of the House of Representatives, respectively, shall be an amount which is equal to the total annual compensation of the Secretary of the Senate and the Sergeant at Arms of the Senate, respectively.

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295

(c) The rates of compensation of employees of the House of Representatives whose compensation is fixed by the House Employees Schedule under the House Employees Position Classification Act (78 Stat. 1079-1084; Public Law 88-652; 2 U.S.C. 291-303), including each employee subject to such Act whose compensation is fixed at a saved rate, are hereby increased by amounts equal, as nearly as may be practicable, to the increases provided by subsection (a) of this section. (d) The additional compensation provided by this section shall be considered a part of basic compensation for the purposes of the Civil Service Retirement Act (5 U.S.C. 2251 and following). ^° ^'^t- ^43. (e) This section shall not apply with respect to the compensation of student congressional interns authorized by House Resolution 416, Eighty-ninth Congress, and the compensation of employees whose compensation is fixed by the House Wage Schedule under the House Employees Position Classification Act. Tus? 29i°Jo^te (f) The basic compensation of each employee in the office of a Sen- Employees in ator is hereby adjusted, effective on the first day of the month follow- °ff^<=^ °f senator, ing the date of enactment of this Act, to the lowest multiple of $60 which will provide a gross rate of compensation not less than the gross rate such employee was receiving immediately prior thereto, except that the foregoing provisions of this subsection shall not apply in the case of any employee if on or before the fifteenth day following the date of enactment of this Act, the Senator by whom such employee is employed notifies the disbursing office of the Senate in writing that he does not wish such provisions to apply to such employee. No employee whose basic compensation is adjusted under this subsection shall receive any additional compensation under subsection (a) for any period prior to the effective date of such adjustment during which such employee was employed in the office of the Senator by whom he is employed on the first day of the month following the enactment of this Act. No additional compensation shall be paid to any person under subsection (a) for any period prior to the first day of the month following the date of enactment of this Act during which such person was employed in the office of a Senator (other than a Senator by whom he is employed on such day) unless on or before the fifteenth day following the date of enactment of this x\ct such Senator notifies the disbursing office of the Senate in writing that he wishes such employee to receive such additional compensation for such period. I n any case in which, at the expiration of the time within which a Senator may give notice under this subsection, such Senator is deceased, such notice shall be deemed to have been given. (g) Notwithstanding the provision referred to in subsection (h), senate officers. the rates of gross compensation of the Secretary for the Majority of the Senate, the Secretary for the Minority of the Senate, the Chief Reporter of Debates of the Senate, the Parliamentarian of the Senate, the Senior Counsel in the Office of the Legislative Counsel of the Senate, the Chief Clerk of the Senate, the Chaplain of the Senate, and the Postmaster and Assistant Postmaster of the Senate are hereby increased by 2.9 per centum. (h) The paragraph imposing limitations on basic and gross compensation of officers and employees of the Senate appearing under the heading " S E N A T E " in the Legislative Appropriation Act, 1956, as amended (74 Stat. 304; Public Law 86-568), is amended by striking 79 Stat. 1121. out "$23,770" and inserting in lieu thereof "$24,460". ^ "^"^ ^°" "°*^(i) The limitation on gross rate per hour per person provided by

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PUBLIC LAW 89-504-JULY 18, 1966

[80 STAT.

applicable law on the effective date of this section with respect to the folding of speeches and pamphlets for the Senate is hereby increased by 2.9 per centum. The amount of such increase shall be computed to the nearest cent, counting one-half cent and over as a whole cent. The provisions of subsection (a) of this section shall not apply to employees whose compensation is subject to such limitation. SALARY INCREASE LIMITATION

SEC. 303. No rate of compensation shall be increased, by reason of the enactment of this title, to an amount in excess of the salary rate now or hereafter in effect for level V of the Federal Executive Salary 78 Stat. 419. 5 USC 2211.

Scliedulc. EFFECTIVE DATES

S E C 304. This title shall become effective as follows: (1) This section and section 301 shall become effective on the date of enactment of this Act. (2) Sections 302 and 303 shall become effective on the first day of the first pay period which begins on or after July 1,11)66. TITLE IV—MISCELLANEOUS PROVISIONS SALARY STEPS FOR CERTAIN EMPLOYEES TRANSFERRED TO POSTAL FIELD SERVICE

eitlTuV.^''

S E C 401. Section 3551 of title 39, United States Code, is amended by adding at the end thereof the following new subsection: "(c) The Postmaster General may appoint or advance any Federal employee who, together with his function, is transferred, prior to, on, or after the date of enactment of this subsection, to a post office or other postal installation at or to (1) the minimum rate for his position, or (2) any higher rate for his position which is less than one full step above the highest rate of compensation received by him immediately prior to such transfer.". POSTAL S E N I O R I T Y ADJUSTMENTS

78 Stat. 409.

SEC. 402. (a) The Postmaster General shall advance any employee in the postal field service— (1) who was promoted to a higher level between July 9, 1960, and October 13, 1962; (2) who is senior with respect to total postal service to an employee in the same post office promoted to the same level on or after October 13, 1962, and is on the effective date of this section in a step in the same level below the step of the junior employee; and (3) whom the Postmaster General determines is in the same craft and same branch of the Post Office Service as such junior employee. Such advancement by the Postmaster General shall be to the highest step which is held by any such junior employee. Any increase under the provisions of this subsection shall not constitute an equivalent increase and credit earned prior to adjustment under this subsection for advancement to the next step shall be retained. (b) Section 3552 of title 39, United States Code, is amended by deleting subsection (d).

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297

SPECIAL DELIVERY MESSENGERS

SEC. 403. Section 3542(c) of title 39, United States Code, is amended— (1) by striking out "7 cents per mile or major fraction thereof" and inserting in lieu thereof "10 cents per mile or major fraction thereof"; and (2) by striking out "90 cents per hour" and inserting in lieu thereof "$1.25 per hour".

74 Stat. 646.

OVERTIME

SEC. 404. (a) Section 201 of the Federal Employees Pay Act of 1945, as amended (5 U.S.C. 911), is amended— (1) by inserting "or, with the exception of employees engaged in professional or technical engineering or scientific activities for whom the first forty hours of duty in an administrative workweek is the basic workweek and employees whose basic compensation exceeds the minimum rate of grade GS-10 of the Classification Act of 1949, as amended, for whom the first forty hours of duty in an administrative workweek is the basic workweek, in excess of eight hours in a day" immediately following "in excess of forty hours in any administrative workweek"; and (2) by striking out "grade G S - 9 " wherever it occurs therein and inserting in lieu thereof "grade GS-10". (b) Section 202 of such Act, as amended (5 U.S.C. 912), is amended by striking out "grade G S - 9 " and inserting in lieu thereof "grade GS-10". (c) Section 401 of such Act, as amended (5 U.S.C. 926), is amended by striking out "grade G S - 9 " wherever it occurs therein and inserting in lieu thereof "grade GS-10". (d) Subsections (b) and (c) of section 3573 of title 39, United States Code, are amended by striking out "level P F S - 7 " and "level P F S - 8 ", wherever appearing therein, and inserting in lieu thereof "level P F S - 1 0 " and "level P F S - 1 1 ", respectively.

^s Stat. 1109.

^9 Stat. 1115.

SUNDAY PREMIUM PAY

SEC. 405. (a) The heading of title III of the Federal Employees Pa}'^ Act of 1945, as amended, is amended to read as follows:

59 Stat. 298.

" TITLE III — C O M P E N S A T I O N FOR N I G H T, SUNDAY, AND HOLIDAY WORK" (b)(1) Section 302 of such Act, as amended (5 U.S.C. 922), is redesignated as section 303 of such Act. (2) Any reference in any provision of law to section 302 of the Federal Employees Pay Act of 1945, which is redesignated as section 303 of such Act by paragraph (1) of this subsection, shall be held and considered to refer to section 303 of such Act, as so redesignated. (c) Title III of such Act, as amended (5 U.S.C. 921 and following), is amended by inserting immediately following section 301 thereof the following: " C O M P E N S A T I O N FOR SUNDAY WORK

"SEC. 302. Any regularly scheduled eight-hour period of service which is not overtime work as defined in section 201 of this Act any part of which is performed within the period commencing at midnight

^s Stat. m o.

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68 Stat. n i l.

48 Stat. 5^22;

PUBLIC LAW 89.504-JULY 18, 1966

[80 STAT.

Saturday and ending at midnight Sunday shall be compensated for the entire period of service at the rate of basic compensation of the officer or employee performing such work plus premium compensation at a rate equal to 25 per centum of his rate of basic compensation." (d) Section 401(1) of such Act, as amended (5 U.S.C. 926(1)), is amended by inserting ", Sunday," immediately following the word "night". (e) Section 401(2) of such Act, as amended (5 U.S.C. 926(2)), is amended— (1) by inserting in the first sentence thereof ", on Sundays," immediately following the words "duty at night"; and (2) by inserting in the second sentence thereof "Sunday," immediately following "night,". (f) The first paragraph of section 23 of the Independent Offices Appropriation Act, 1935, as amended (5 U.S.C. 673c), is amended by inserting immediately before the period at the end thereof the following: ": Provided further, That employees subject to this section whose regular work schedule includes an eight-hour period of service any part of which is within the period commencing at midnight Saturday and ending at midnight Sunday shall be paid extra compensation at the rate of 25 per centum of his hourly rate of basic compensation for each hour of work performed during that eight-hour period of service". HEALTH AND INSURANCE COVERAGE FOR CERTAIN EMPLOYEES ON LEAVE WITHOUT PAY

73 Stat. 701.

es Stat. 736. 5 USC 2091.

69 Stat. 676 5 USC 2094. 73 Stat. 714.

5 USC 3001.

SEC. 406. (a) Section 6 of the Federal Employees' Group Life Insurance Act of 1954, as amended (5 U.S.C. 2095), is amended by adding at the end thereof the following new subsection: " (d) Notwithstanding the foregoing, an officer or employee who enters on approved leave without pay to serve as a full-time officer or employee of an organization composed primarily of employees, as defined in section 2 of this Act, may, within sixty days after entering on such leave without pay, elect to continue his insurance and arrange to pay currently into the fund, through his employing agency, both employee and agency contributions from the begmning of leave without pay. If he does not so elect, his insurance will continue during nonpay status and terminate as provided in subsection (a) of this section. The employing agency shall forward the premium payments to the fund established by section 5 of this Act." (b) Section T(b) of the Federal Employees Health Benefits Act of 1959, as amended (5 U.S.C. 3006(b)), is amended— (1) by inserting " (1) " immediately following " (b) "; and (2) by adding at the end thereof the following new paragraph: "(2) An employee who enters on approved leave without pay to serve as a full-time officer or employee of an organization composed l)rimarily of employees, as defined in section 2 of this Act, may, within sixty days after entering on such leave without pay, file with his employing agency an election to continue his health benefits coverage and arrange to pay currently into the fund, through his employing agency from the oeginning of leave without pay, both employee and agency contributions. If he does not so elect, his coverage will terminate as specified in paragraph (1) and implementing regulations. The employing agency shall forward the enrollment charges so paid to the fund." (c) An officer or employee who is on approved leave without pay and serving as a full-time officer or employee of an organization com-

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PUBLIC LAW 89-504-JULY 18, 1966

posed primarily of employees, as defined in section 2 of the Federal Employees' Group Life Insurance Act of 1954, as amended (5 U.S.C. 2091), or section 2 of the Federal Employees Health Benefits Act of 73^1^3^*70?^" 1959, as amended (5 U.S.C. 3001), as the case may be, may, within sixty days after the date of enactment of this Act, file with his employing agency an election (1) to continue any insurance status or health benefits enrollment, or both, that he has on the date of enactment of this Act, (2) to reacquire any insurance status or health benefits enrollment, or both, which he may have lost while on leave without pay, or (3) to acquire an insured status or enroll in a health benefits plan, or both, if he was never previously eligible to do so, by arranging to pay currently and continuously into the employees' life insurance fund and the employees' health benefits fund, as appropriate, through his employing agency, both employee and agency contributions. The employing agency shall forward such payments to the employees' life insurance fund and the employees' health benefits fund, as appropriate. If he does not so elect, his insurance status and health benefits enrollment will continue and terminate as for other employees in nonpay status, or he will remain ineligible for insurance and health benefits, as the case may be, as though this paragraph had not been enacted. The United States Civil Service Commission is authorized Regulations. to issue regulations to carry out the purposes of this paragraph. INCREASE I N UNIFORM ALLOWANCES

SEC. 407. (a) Section 402 of the Federal Employees Uniform Allowance Act, as amended (5 U.S.C. 2131-2133), is amended by inserting ^s Stat. n u. immediately following the second sentence thereof the following new sentence: "In those instances where the agency makes reimbursement direct to the uniform vendor, the head of the agency may deduct a, service charge not to exceed 4 per centum." (b) Such Act is further amended by adding at the end thereof the following new section: "SEC. 405. Notwithstanding any other provision of this title, each of the respective maximum uniform allowances in effect on April 1, 1966, for the respective categories of employees to whom uniform allowances are paid under this title are hereby increased, subject to the maximum allowance authorized by this title, as follows: "(1) If the maximum uniform allowance is $100 or more, such allowance shall be increased by 25 per centum. "(2) If the maximum uniform allowance is $75 or more but less than $100, such allowance shall be increased by 30 per centum. "(3) If the maximum uniform allowance is $50 or more but less than $75, such allowance shall be increased by 35 per centum. "(4) If the maximum uniform allowance is less than $50, such allowance shall be increased by 40 per centum. Such maximum uniform allowances, as in effect on April 1, 1966, and as increased by this section, shall not be reduced.". SEC. 408. (a) Section 303(c) of the Federal Executive Salary Act of 1964 (78 Stat. 416; Public Law 88-426) is amended by adding at s use 2211. the end thereof the following new paragraph: "(47) Director of the Federal Mediation and Conciliation Service." (b) Paragraph (30) of section 303(d) of such Act is hereby repealed. SEC. 409. Section 2 of the Act of September 23, 1959 (73 Stat. 698; Public Law 86-375), is amended by striking out the figure "$10,000" and inserting in lieu thereof the figure "$15,000".

299

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[80 STAT.

ErrEcnvE DATES

SEC. 410. This title shall become effective as follows: (1) This section and sections 401,406, and 407 shall become effective on the date of enactment of this Act. (2) Sections 402, 403, 404, 405, 408, and 409 shall take effect on the first day of the first pay period after the enactment of this Act. TITLE V — C IV I L SERVICE RETIREMENT SHORT TITLE

Civil Service Retirement Act

Amendments of

g^^_ ^Q-^^ rj,j^-g ^ ^ j ^

»

i

^ ^-^.^^ ^ ^^^ «Q—J gg^vice Retirement

i» -irmnt'^

Act Amendments oi 1966".

1966. DEFINITIONS

76^star*87^r^' Ante, p. 131.

SEC. 502. Section l (j) of the Civil Service Retirement Act (5 U.S.C. ^^^^(J)) ^^ amended by inserting the letter " (d) " after the words "for purposes of section 10"; by striking out the words "received more than one-half of his support from and"; and by striking out the words "twenty-one" and "twenty-first" wherever they occur and inserting in lieu thereof the words "twenty-two" and "twenty-second", respectively. RETIREMENT COVERAGE FOR CERTAIN E M P L O Y E E S ON LEAVE W I T H O U T P A T

5 USC 2251.

SEC. 503. Section 3 of the Civil Service Retirement Act (5 U.S.C. 2253) is amended by adding at the end thereof the following new subsection: " (k)(l) An employee who enters on approved leave without pay to serve as a full-time officer or employee of an organization composed primarily of employees, as defined in section 1(a) of this Act, may, within sixty days after entering on such leave without pay, file with his employing agency an election to receive full retirement credit for his periods of such leave without pay and arrange to pay currently into the fund, through his employing agency, amounts equal to the retirement deductions and agency contributions which would be applicable if he were in pay status. An employee who is on approved leave without pay and serving as a full-time officer or employee of such an organization on the date of enactment of this subsection may similarly elect within sixty days after such date of enactment. If the election and all payments provided by this paragraph are not made, the employee shall receive no credit for such periods of leave without pay occurring on or after date of enactment of this subsection, notwithstanding the provisions of the second sentence of section 3(c) of this Act. "(2) A n employee may deposit with interest an amount equal to retirement deductions representing any period or periods of approved leave without pay while serving, prior to the date of enactment of this subsection, as a full-time officer or employee of an organization composed primarily of employees, as defined in section 1(a) of this Act, and may receive full retirement credit for such period or periods of leave without pay. I n the event of his death, a survivor as defined in section l (o) of this Act may make such deposit. I f the deposit described in this paragraph is not made in full, retirement credit shall be allowed in accordance with the second sentence of section 3(c) of this Act."

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301

IMMEDIATE RETIREMENT

SEC. 504. (a) Section 6(a) of the Civil Service Ketirement Act (5 U.S.C. 2256(a)) is amended to read as follows: " (a) Any employee who attains the age of fifty-five years and completes thirty years of service shall, upon separation from the service, be paid an annuity computed as provided in section 9." (b) Section 6(b) of such Act (5 U.S.C. 2256(b)) is amended to read as follows: " (b) Any employee who attains the age of sixty years and comletes twenty years of service shall, upon separation from the service, e paid an annuity computed as provided in section 9."

70 Stat. 749.

E

A N N U I T Y COMPUTATION

SEC. 505. Section 9(d) of such Act (5 U.S.C. 2259 (d)) is amended to read as follows: " (d) The annuity as hereinbefore provided, for an employee retiring under section 6(d), shall be reduced by one-sixth of 1 per centum for each full month such employee is under the age of fiftyfive years at date of separation. The annuity as hereinbefore provided, for a Member retiring under the second or third sentence of section 6(f) or the third sentence of section 8(b), shall be reduced by one-twelfth of 1 per centum for each full month not in excess of sixty, and one-sixth of 1 per centum for each full month in excess of sixty, such Member is under the age of sixty years at date of separation."

J^jl'c'o^^""

SURVIVOR A N N U I T I E S

SEC. 506. (a) Section 10(a)(2) of the Civil Service Ketirement Act 74 Stat. 8 1 3. (5 U.S.C. 2260(a)(2)) is amended to readlis follows: "(2) An annuity computed under this subsection shall commence on the day after the retired employee dies, and such annuity or any right thereto shall terminate on the last day of the month before (A) in the case of the survivor of a retired employee, the survivor's remarriage prior to attaining age sixty, or death or (B) in the case of the survivor of a Member, the survivor's death or remarriage." (b) The last sentence of section 10(c) of such Act (5 U.S.C. 2260(c)) is amended to read as follows: "The annuity of such widow or dependent widower shall commence on the day after the employee or Member dies, and an annuity under this subsection or any right thereto shall terminate on the last day of the month before (1) the death of the widow or widower, (2) remarriage of the widow or widower of an employee prior to attaining age sixty, (3) remarriage of the widow or widower of a Member regardless of age, or (4) the widower's becoming capable of self-support." (c) Section 10(d) of such Act (5 U.S.C. 2260(d)) is amended to ^ostat. 754. read as follows: " (d) If an employee or a Member dies after completing at least five years of civilian service, or an employee or a Member dies after having retired under any provision of this Act, and is survived by a wife or by a husband, each surviving child shall be paid an annuity equal to the smallest of (1) 40 per centum of the employee's or Member's average salary divided by the number of children, (2) $600, or (3) $1,800 divided by the number of children, subject to the provisions of section 18. If such employee or Member is not survived by a j/g^,^'^*" ^'*°' wife or husband, each surviving child shall be paid an annuity equal 5 USC 2268. to the smallest of (1) 50 per centum of the employee's or Member's average salary divided by the number of children, (2) $720, or (3)

65-300 0-67—22

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5 USC 2260 note.

5 USC 2 251.

70 Stat. 754.

PUBLIC LAW 89-504-JULY 18, 1966

[80 STAT.

$2,160 divided by the number of children, subject to the provisions of section 18. The commencing date of a child's annuity under this Act or the Act of May 29, 1930, as amended from and after February 28, 1948, shall be deemed to be the day after the employee or Member dies, with payment beginning on that day or beginning or resuming on the first day of the month m which the child later becomes or again becomes a student as described in section l (j), provided the lump-sum credit, if paid, is returned to the fund. Such annuity shall terminate on the last day of the month before (1) the child's attaining age eighteen unless he is then a student as described or incapable of self-support, (2) his becoming capable of self-support after attaining age eighteen unless he is then such a student, (3) his attaining age twenty-two if he is then such a student and not incapable of selfsupport, (4) his ceasing to be such a student after attaining age eighteen unless his is then incapable of self-support, (5) his marriage, or (6) his death, whichever first occurs. Upon the death of the surviving wife or husband or termination of the child's annuity, the annuity of any other child or children shall be recomputed and paid as though such wife, husband, or child had not survived the employee or Meim)er." ^^^ Section 10 of such Act (5 U.S.C. 2260) is amended by adding at the end thereof the following subsection: " (f) I n the case of a surviving spouse whose annuity under this section is hereafter terminated because of remarriage before attaining age sixty, annuity at the same rate shall be restored commencing on the day such remarriage is dissolved by death, annulment, or divorce: Provided, That (1) said surviving spouse elects to receive such annuity in lieu of any survivor benefit to which he or she may be entitled, under this or any other retirement system established for employees of the Government, by reason of the remarriage, and (2) any lump sum paid upon termination of the annuity is returned to the fund." INCREASES I N CERTAIN ANNUITIES

116^2^*^* ^^°'

SEC. 507. Section 18 of the Civil Service Retirement Act (5 U.S.C. 2268) is amended by adding at the end thereof the following subsection: " (g) Effective on (1) the first day of the second month after the enactment of this subsection, or (2) the commencing date of annuity, whichever is later, the annuity of each surviving spouse whose entitlement to annuity payable from the civil service retirement and disability fund resulted from the death of: " (A) an employee or Member prior to October 11, 1962, or " (B) a reti red employee or Member whose retirement was based on a separation from service prior to October 11, 1962, shall be increased by 10 per centum." EFFECTIVE DATES

SEC. 508. (a) This section, section 509, and subsections l (i), 3 (k), 6(a)j 6 (b), 9 (d), 1 0 (a)(2), 10(c), 10(d), and 10(f) of the Civil Service Retirement Act, as enacted or amended by this title, shall become effective on the date of enactment of this Act. (b) Except as provided in section 507 and in subsection (c) of this section, the amendments made by this title to the Civil Service Retirement Act shall not apply in the cases of persons retired or otherwise separated prior to these respective effective dates, and the rights of such persons and their survivors shall continue in the same manner and to the same extent as if this title had not been enacted.

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303

(c) The amendments made by this title to sections l (j) and 10(d) of the Civil Service Retirement Act relating to payment, continuance, resumption, and termination of annuity to a child who is a student shall apply with respect to children of persons retired or otherwise separated prior to, on, or after the date of enactment of this title, except that no child's annuity shall be paid by reason of these amendments for any period prior to such date of enactment. MISCELLANEOUS

509. The provisions under the heading "CIVIL SERVICE RETIREMENT AND DISABILITY EUND" in title I of the Independent Offices Appropriation Act, 1959 (72 Stat. 1064; Public Law 85-844), shall not apply „/,^"^^ ^2 6? with respect to benefits resulting from the enactment of this Act. SEC.

TITLE VI—FEDERAL EMPLOYEES' HEALTH BENEFITS

SEC. 601. Section 2(d) of the Federal Employees Health Benefits Act of 1959 (73 Stat. 709; 5 U.S.C. 3001(d)) is amended by striking out "twenty-one" wherever it appears therein and inserting in lieu thereof "twenty-two". SEC. 602. Paragraphs (1) and (2) of section 7(a) of such Act are T

1.

1

i» 11

amended to read as lollows: "(1) Except as provided in paragraph (2) of this subsection, the biweekly Government contributions for health benefits for employees or annuitants enrolled in health benefits plans under this Act, in addition to the contributions required by paragraph (3), shall be $1.62 if the enrollment is for self alone or $3.94 if the enrollment is for self and family. "(2) For an employee or annuitant enrolled in a plan for which the biweekly subscription charge is less than twice the Government contribution established under paragraph (1) of this subsection, the Government contribution shall be 50 per centum of the subscription charge." SEC. 603. The amendments made by sections 601 and 602 of this title shall take effect on the first day of the first pay period which begins on or after the date of enactment of this Act.

^^ stat 713. 5 USC 3006.

Effective date.

TITLE VII—MISCELLANEOUS

SEC. 701. (a) Retroactive compensation or salary shall be paid by Retroactive reason of this Act only in the case of an individual in the service of the ''""^^"^^ '°"' United States (including service in the Armed Forces of the United States) or the municipal government of the District of Columbia on the date of enactment of this Act, except that such retroactive compensation or salary shall be paid (1) to an officer or employee who retired during the period beginning on the first day of the first pay period which begins on or after July 1, 1966, and ending on the date of enactment of this Act for services rendered during such period and (2) in accordance with the provisions of the Act of August 3, 1950 (Public Law 636, Eighty-first Congress), as amended (5 U.S.C. 61f-61k), for services rendered during the period beginning on the 64 Stat. 395. first day of the first pay period which begins on or after July 1, 1966, and ending on the date of enactment of this Act by an officer or employee who dies during such period. Such retroactive compensation or salary shall not be considered as basic salary for the purpose of the Civil Service Retirement Act in the case of any such retired or deceased officer or employee. (b) For the purposes of this section, service in the Armed Forces of the United States, in the case of an individual relieved from train-

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l^^sc\o9i' note.

PUBLIC LAW 89-505-JULY 18, 1966

[80 STAT.

ing and service in the Armed Forces of the United States or discharged from hospitalization following such training and service, shall include the period provided by law for the mandatory restoration of such individual to a position in or under the Federal Government or the municipal government of the District of Columbia. (c) For the purpose of determining the amount of insurance for which an individual is eligible under the Federal Employees' Group I^if® Insurance Act of 1954, all changes in rates of compensation or salary which result from the enactment of this Act shall be held and considered to be effective as of the date of such enactment. Approved July 18, 1966, 7:26 p.m.

Public Law 89-505 July 18, 1966 [H. R. 13652]

Statute of limi tations

Establishment

for certain actions.

AN ACT rpQ establish a statute of limitations for certain actions brought by the Government.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That title 28 of the United States Code is amended by adding thereto the following ^yy^

j-^g^y S e c t l o U S I

"§2415. Time for commencing actions brought by the United States " (a) Subject to the provisions of section 2416 of this title, and except as otherwise provided by Congress, every action for money damages brought by the United States or an officer or agency thereof which is founded upon any contract express or implied in law or fact, shall be barred unless the complaint is filed within six years after the right of action accrues or within one year after final decisions have been rendered in applicable administrative proceedings required by contract or by law, whichever is later: Provided, That m the event of later partial payment or written acknowledgment of debt, the right of action shall be deemed to accrue again at the time of each such payment or acknowledgment. "(b) Subject to the provisions of section 2416 of this title, and except as otherwise provided by Congress, every action for money damages brought by the United States or an officer or agency thereof which is founded upon a tort shall be barred unless the complaint is filed within three years after the right of action first accrues: Provided, That an action to recover damages resulting from a trespass on lands of the United States, including trust or restricted Indian lands; an action to recover damages resulting from fire to such lands; an action to recover for diversion of money paid under a grant program; and an action for conversion of property of the United States may be brought within six years after the right of action accrues. "(c) Nothing herein shall be deemed to limit the time for bringing an action to establish the title to, or right of possession of, real or personal property. " (d) Subject to the provisions of section 2416 of this title and except as otherwise provided by Congress, every action for the recovery of money erroneously paid to or on behalf of any civilian employee of any agency of the United States or to or on belialf of any member or dependent of any member of the uniformed services of the United

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Page:United States Statutes at Large Volume 80 Part 1.djvu/341

 80 STAT. ]

PUBLIC LAW 89-505-JULY 18, 1966

States, incident to the employment or services of such employee or member, shall be barred unless the complaint is filed within six years after the right of action accrues: Provided, That in the event of later partial payment or written acknowledgment of debt, the right of action shall be deemed to accrue again at the time of each such payment or acknowledgment. "(e) I n the event that any action to which this section applies is timely brought and is thereafter dismissed without prejudice, the action may be recommenced within one year after such dismissal, regardless of whether the action would otherwise then be barred by this section. I n any action so recommenced the defendant shall not be barred from interposing any claim which would not have been barred in the original action. " (f) The provisions of this section shall not prevent the assertion, in an action against the United States or an officer or agency thereof, of any claim of the United States or an officer or agency thereof against an opposing party, a co-party, or a third party that arises out of the transaction or occurrence that is the subject matter of the opposing party's claim. A claim of the United States or an officer or agency thereof that does not arise out of the transaction or occurrence that is the subject matter of the opposing party's claim may, if time-barred, be asserted only by way of offset and may be allowed in an amount not to exceed the amount of the opposing party's recovery. " (g) Any right of action subject to the provisions of this section which accrued prior to the date of enactment of this Act shall, for purposes of this section, be deemed to have accrued on the date of enactment of this Act. " (h) Nothing in this Act shall apply to actions brought under the Internal Revenue Code or incidental to the collection of taxes imposed by the United States. "§2416. Time for commencing actions brought by the United States—Exclusions "For the purpose of computing the limitations periods established in section 2415, there shall be excluded all periods during which— " (a) the defendant or the res is outside the United States, its territories and possessions, the District of Columbia, or the Commonwealth of Puerto Rico; or " (b) the defendant is exempt from legal process because of infancy, mental incompetence, diplomatic immunity, or for any other reason; or "(c) facts material to the right of action are not known and reasonably could not be known by an official of the United States charged with the responsibility to act in the circumstances; or " (d) the United States is in a state of war declared pursuant to article I, section 8, of the Constitution of the United States." SEC. 2. The table of sections at the head of chapter 161 of title 28 of the United States Code is amended by adding at the end thereof the following items: "2415. Time for commencing actions brought by the United States. "2416. Time for commencing actions brought by the United States—Exclusions."

Approved July 18, 1966, 7:30 p.m.

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