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PUBLIC LAW 88-619-OCT. 3, 1964

[78 STAT.

(b) The analysis of chapter 113 of title 28, United States Code, is amended by inserting: "1696. Service in foreign and international litigation."

after: "1695. stockholder's, derivative action."

62 Stat. 948.

28 USC app. ^ 28 USC 1731^^

SEC. 5. (a) Section 1741 of title 28, United States Code, is amended to read: "§1741. Foreign official documents "An official record or document of a foreign country may be evidenced by a copy, summary, or excerpt authenticated as provided in (]^g Federal Rules of Civil Procedure." (b) The analysis of chapter 115 of title 28, United States Code, is amended by striking: "1741. Foreign documents generally; copies."

and inserting in place thereof: "1741. Foreign official documents."

Repeal.

§^0. 6. (a) Section 1742 of title 28, United States Code, is repealed, (b) The analysis of chapter 115 of title 28, United States Code, is amended by inserting after: "1742. Land titles; foreign records."

63 Stat. 103.

62 Stat. 949.

the following: "[Repealed]." gj,(. 7 (.^) Section 1745 of title 28, United States Code, is amended to read: "§ 1745. Copies of foreign patent documents "Copies of the specifications and drawings of foreign letters patent, or applications for foreign letters patent, and copies of excerpts of the official journals and other official publications of foreign patent offices belonging to the United States Patent Office, certified in the manner provided by section 1744 of this title are prima facie evidence of their contents and of the dates indicated on their face." (b) The analysis of chapter 115 of title 28, United States Code, is amended by striking: "1745. Copies of foreign patent specifications and drawings." and inserting in place thereof: "1745. Copies of foreign patent documents." g^c. 8. (a) Section 1781 of title 28, United States Code, is amended to read: "§1781. Transmittal of letter rogatory or request " (a) The Department of State has power, directly, or through suitable channels— "(1) to receive a letter rogatory issued, or request made, by a foreign or international tribunal, to transmit it to the tribunal, officer, or agency in the United States to whom it is addressed, and to receive and return it after execution; and "(2) to receive a letter rogatory issued, or request made, by a tribunal in the United States, to transmit it to the foreign or international tribunal, officer, or agency to whom it is addressed, and to receive and return it after execution. " (b) This section does not preclude— "(1) the transmittal of a letter rogatory or request directly from a foreign or international tribunal to the tribunal, officer, or

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PUBLIC LAW 88-619-OCT. 3, 1964

agency in the United States to whom it is addressed and its return in the same manner; or "(2) the transmittal of a letter rogatory or request directly from a tribunal in the United States to the foreign or international tribunal, officer, or agency to whom it is addressed and its return in the same manner." (b) The analysis of chapter 117 of title 28, United States Code, is amended by striking:

997

28 USC 17811785.

"1781. Foreign witnesses."

and inserting in place thereof: "1781. Transmittal of letter rogatory or request."

SEC. 9. (a) Section 1782 of title 28, United States Code, is amended to read: "§ 1782. Assistance to foreign and international tribunals and to litigants before such tribunals " (a) The district court of the district in which a person resides or is found may order him to give his testimony or statement or to produce a document or other thing for use in a proceeding in a foreign or international tribunal. The order may be made pursuant to a letter rogatory issued, or request made, by a foreign or international tribunal or upon the application of any interested person and may direct that the testimony or statement be given, or the document or other thing be produced, before a person appointed by the court. By virtue of his appointment, the person appointed has power to administer any necessary oath and take the testimony or statement. The order may prescribe the practice and procedure, which may be in whole or part the practice and procedure of the foreign country or the international tribunal, for taking the testimony or statement or producing the document or other thing. To the extent that the order does not prescribe otherwise, the testimony or statement sJiall be taken, and the document or other thing produced, in accordance with the Federal Rules of Civil Procedure. "A person may not be compelled to ^ive his testimony or statement or to produce a document or other thing in violation of any legally applicable privilege. " (b) This chapter does not preclude a person within the United States from voluntarily giving his testimony or statement, or producing a document or other thing, f^r use in a proceeding in a foreign or international tribunal before any person and in any manner acceptable to him." (b) The analysis of chapter 117 of title 28, United States Code, is amended by striking: "1782. Testimony for use in foreign countries."

and inserting in place thereof: "1782. Assistance to foreign and international tribunals and to litigants bfefore such tribunals."

SEC. 10. (a) Section 1783 of title 28, United States Code, is amended to read: "§ 1783. Subpoena of person in foreign country " (a) A court of the United States may order the issuance of a subpoena requiring the appearance as a witness before it, or before a person or body designated by it, of a national or resident of the United States who is in a foreign country, or requiring the production of a specified document or other thing by him, if the court finds that particular testimony,or the production of the document or other thing by him is necessary in the interest of justice, and, in other than a

62 Stat. 949.

' ' ^ "^^

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62 Stat. 949. 28 USC app.

PUBLIC LAW 88-619-OCT. 3, 1964

[78 STAT.

eriminal action or proceeding, if the court finds, in addition, that it is not possible to obtain his testimony in admissible form without his personal appearance or to obtain the production of the document or other thing in any other manner. "(b) The subpoena shall designate the time and place for the appearance or for the production of the document or other thing. Service of the subpoena and any order to show cause, rule, judgment, QJ. (jecrec authorized by this section or by section 1784 of this title shall be effected in accordance with the provisions of the Federal Rules of Civil Procedure relating to service of process on a person in a foreign country. The person serving the subpoena shall tender to the person to whom the subpoena is addressed his estimated necessary travel and attendance expenses, the amount of which shall be determined by the court and stated in the order directing the issuance of the subpoena." (b) The analysis of chapter 117 of title 28, United States Code, is amended by striking: "1783. Subpoena of witness in foreign country."

and inserting in place thereof: "1783. Subpoena of person in foreign country."

Penalty.

^«p«3i-

SEC. 11. Section 1784 of title 28, United States Code, is amended to read: «§1784. Contempt " (a) The court of the United States which has issued a subpoena served in a foreign country may order the person who has failed to appear or who has failed to produce a document or other thing as directed therein to show cause before it at a designated time why he should not be punished for contempt. " (b) The court, in the order to show cause, may direct that any of the person's property within the United States be levied upon or seized, in the manner provided by law or court rules governing levy or seizure under execution, and held to satisfy any judgment that may be rendered against him pursuant to subsection (d) of this section if adequate security, in such amount as the court may direct in the order, be given for any damage that he might suffer should he not be found in contempt. Security under this subsection may not be required of the United States. "(c) A copy of the order to show cause shall be served on the person in accordance with section 1783(b) of this title. " (d) On the return day of the order to show cause or any later ^^y |Q ^yhich the hearing may be continued, proof shall be taken. If the person is found in contempt, the court, notwithstanding any limitation upon its power generally to punish for contempt, may fine him not more than $100,000 and direct that the fine and costs of the proceedings be satisfied by a sale of the property levied upon or seized, conducted upon the notice required and in the manner provided for sales upon execution." SEC. 12. (a) Section 1785 of title 28, United States Code, is repealed. (b) The analysis of chapter 117 of title 28, United States Code, is amended by striking: "1785. Privilege against incrimination,"

Approved October 3, 1964.

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PUBLIC LAW 88-621-OCT. 3, 1964

999

Public Law 88-620 AN ACT To authorize the promotion of qualified Reserve officers of the Army and the Air Force to existing unit vacancies.

Be it enacted dy the Senate and House of Representatives of the United States of America in Congress assembled, That clauses (6) and (48), section 1, of the Act of June 30, 1960, Public Law 86-559 (74 Stat. 264), are each amended by striking out "July 1, 1964" in the last sentence and inserting "July 1, 1965" in place thereof. SEC. 2. Section 3383(e) of title 10, United States Code, is amended by striking out "July 1, 1964*' and inserting "July 1, 1965" in place thereof. Approved October 3, 1964.

October 3, 1964 [H. R. 2501]

Army and Air Force R e s e r v e officers. Promotions. , 10 USC 3212 note, 8212note. 74 Stat. 270.

Public Law 88-621 AN ACT To clarify the status of members of the National Guard while attending or instructing at National Guard schools established under the authority of the Secretary of the Army or Secretary of the Air Force, as the case may be, and for other purposes.

Be it enacted by the Senate and House of Representatives of th& United States of America in Congress assembled, That title 32, United States Code, is amended as follows: (1) Section 502 is amended by adding the following new subsection at the end thereof: "(f) Under regulations to be prescribed by the Secretary of the Army or Secretary of the Air Force, as the case may be, a member of the National Guard may— "(1) without his consent, but with the pay and allowances provided by law; or "(2) with his consent, either with or without pay and allowances; be ordered to perform training or other duty in addition to that prescribed under subsection (a). Duty without pay shall be Qonsidered for all purposes as if it were duty with pay." (2) Section 504 is amended to read as follows: '^§ 504. National Guard schools and small arms competitions " (a) Under regulations to be prescribed by the Secretary of the Army or Secretary of the AIT Force, as the case may be, members of the National Guard may— "(1) attend schools conducted by the Army ^r the Air Force, as appropriate; "(2) conduct or attend schools conducted by the National Guard; or "(3) participate in small arms competitions. " (b) Activities authorized under subsection (a) for members of the National Guard of a State ^or territory, Puerto Rico, the Canal Zone, or the District of Columbia may be held inside or outside its boundaries." Approved October 3, 1964. 31-667 0-65—66

October 3, 1964 [H. R. 2512]

National Guard members. Status. 70A Stat. 610.

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PUBLIC LAW 88-622-OCT. 3, 1964

[78 STAT.

Public Law 88-622 October 3, 1964 [S. 1082]

D.c. Correctional industries fund.

D.C. Code 47131. Availability and

Funds from products and services, disposition.

Annual report.

Profits retention, limitation.

AN ACT To establish in the Treasury a correctional industries fund for the government of the District of Columbia, and for other purposes.

Be it enacted by the Senate and Hoilse of Representatives of the United States of America in Congress assembled, That there is hereby established in the Treasury a revolving fund for the government of the District of Columbia to be known as the correctional industries fund (hereinafter referred to as the "fund") to replace the working capital fund created by Public Law 493, Seventy-ninth Congress, approved July 9, 1946 (60 Stat. 514), as amended. SEC. 2. The fuiid shall be available without fiscal-year limitation and shall be used for the performance of such services and the production of such commodities as, in the judgment of the Board of Commissioners of the District of Columbia (hereinafter referred to as "Commissioners"), will contribute to the rehabilitation, knowledge, and skill in trades and occupations of inmates of the institutions in the Department of Corrections of the District of Columbia, thereby equipping them with a means of livelihood upon release. The accounting for the fund shall be maintained on the accrual basis, including provision for employees' accrued annual leave and depreciation of fixed assets, and financial reports shall be prepared on the basis of such accounting. SEC. 3. Products and services produced by utilization of the fund may be purchased, at fair market prices as determined by the Commissioners, by any department or agency of the District of Columbia government, the Federal Government, any State or subdivision of a State or any Commonwealth, territory, or possession of the United States. Receipts from the sales of products and services shall be deposited to the credit of the fund. The fund shall be used for all necessary expenses directly related to the fund, including personal services; payments to inmates, or payments to their dependents, of such pecuniary earnings as the Commissioners deem proper; purchase, repair, and maintenance of equipment; purchase of raw materials and supplies; payment of dues and expenses of attendance at meetings and conventions, as approved by the Commissioners; maintenance and repair of buildings used for fund purposes; alteration of existing facilities used for fund purposes where the total project cost does not exceed $10,000; and, within the limits of amounts provided in annual appropriation Acts, acquisition and improvement of real property. SEC. 4. Not later than six months after the end of each fiscal year, the Director of the Department of Corrections of the District of Columbia shall submit to the Commissioners a report of the financial condition of the fund and the results of operations for such fiscal year. The Commissioners shall review such report and determine the disposition to be made of realized profits. The Commissioners are empowered to authorize retention of accumulated profits for the purpose of acquiring or improving personal property, or to increase working capital to planned operating levels. I n no case, however, shall such profits retained for these purposes increase the net worth of the fundheyond $2,500,000. The Commissioners are also empowered to authorize retention of accumulated profits for payments to inmates, other than those employed in industrial operations, or for payments to their dependents, of such amounts.as the Commissioners deem proper. Accumulated profits not retained or used for the aforementioned purposes, or which exceed the limitation imposed, shall he deposited to the credit of the general revenues of the District of Columbia.

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PUBLIC LAW 88-623-OCT. 3, 1964

SEC. 5. All assets except buildings and all liabilities or other obligations which at the time of enactment of this Act are components of the working capital fund, Workhouse and Reformatory, as created by Public Law 493^ Seventy-ninth Congress, approved July 9, 1946 (60 Stat. 514, ch. 544, sec. 1), shall be transferred to the fund created by the first section of this Act. SEC. 6. The paragraph beginning with the caption "WORKING CAPITAL FUND" under the heading "ADULT CORRECTIONAL SERVICE" in the first section of the Act approved July 9, 1946 (60 Stat. 514, ch. 544), creating the working capital fund for the industrial enterprises at the Workhouse and Reformatory, and the proviso in the paragraph following the caption "OPERATING EXPENSES" under the heading "DEPARTMENT OF CORRECTIONS" in the first section of the Act approved July 6, 1952 (66 Stat. 380), authorizing the retention of not to exceed $50,000 of accumulated profits in the working capital fund as additional working capital, are hereby repealed. SEC. 7. Nothing in this Act shall be construed so as to affect the authority vested m the Commissioners by Reorganization Plan Numbered 5 of 1952 (66 Stat. 824). The performance of any function vested by this Act in the Commissioners or in any office or agency under the jurisdiction and control of said Commissioners may be performed by the Commissioners or may be delegated by said Commissioners in accordance with section 3 of such plan. SEC. 8. This Act shall take effect July 1, 1963. Approved October 3, 1964.

1001 Transfers to fund.

D.C. Code 47131. Repeal.

D.C. Code title 1 app.

Effective date.

Public Law 88-623 AN ACT To provide for the promulgation of rules of practice and procedure under the Bankruptcy Act, and for other purposes.

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 inserting in chapter 131 thereof immediately following section 2074 of that chapter a new section reading as follows: "§2075. Bankruptcy rules "The Supreme Court shall have the power to prescribe by general rules, the forms of process, writs, pleadings, and motions, and the practice and procedure under the Bankruptcy Act. "Such rules shall not abridge, enlarge, or modify any substantive right. "Such rules shall not take effect until they have been reported to Congress by the Chief Justice at or after the beginning of a regular session thereof but not later than the first day of May and until the expiration of ninety days after they have been thus reported. "All laws in conflict with such rules shall be of no further force or effect after such rules have taken effect." SEC. 2. The analysis of chapter 131 of title 28 of the United States Code, immediately preceding section 2071 of that chapter, is amended by inserting therein immediately after item 2074 thereof a new item reading as follows:

October 3, 1964 [H. R, 2859]

Bankruptcy Act. R u l e s of pract i c e and procedure. 28 USC 20712074.

30 Stat. 544; 52 Stat. 840. 11 USC 1 note.

"2075. Bankruptcy rules."

SEC. 3. Section 30 of the Bankruptcy Act is repealed but its repeal shall not operate to invalidate or repeal rules, forms, or orders prescribed under the authority of that section by the Supreme Court prior to the enactment of this Act. Approved October 3, 1964.

Repeal. 30 Stat. 554.

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PUBLIC LAW 88-624-OCT. 3, 1964

[78 STAT.

Public Law 88-624 October 3, 1964 [H. R. 2509]

Reserve officers, Uniform allowance, 76 Stat. 477.

Limitation.

AN.\CT To authorize Reserve oflBcers to combine service in more than one reserve component in computing the four years of satisfactory Federal service necessary to qualify for the uniform maintenance allowance.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section. 416(a) of title 37, United States Code, is amended— (1) by striking out the words "in a reserve component" and inserting the words "in one or more reserve components" in place thereof; and (2) by striking out the figure "1332" and inserting the figure ^ "1332(a)(2) " in place thereof. SEC. 2. The amendments made by this Act do not entitle an officer to an allowance for any four-year period of service completed prior to the effective date of this Act. Approved October 3, 1964. Public Law 88-625

October 3, 1964 [H. R. 12033]

Food Additives Transitional Provisions Amendment of 1964.

21 USC 342 note.

7 USC 135 note.

AN ACT To further amend the transitional provisions of the Act approved September 6, 1958, entitled "An Act to protect the public health by amending the Federal Food, Drug, and Cosmetic Act to prohibit the use in food of additives which have not been adequately tested to establish their safety", 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 "Food Additives Transitional Provisions Amendment of 1964". S E C 2. The penultimate sentence of subsection (c) of section 6 of the Food Additives Amendment of 1958 (Piiblic Law 85-929, 72 Stat. 1784, 1788), as added by the "Food Additives Transitional Provisions Amendment of 1961]' (Public Law 87-19, 75 Stat. 42), is hereby further amended by inserting before the period at the end thereof a colon and the following: '"'• Provided, That if the Secretary has, pursuant to this sentence, granted an extension to June 30, 1964, he may, upon making the findings required by clause (1)(B) of this subsection and clauses (i) and (ii) of this sentence, further extend such effective date, but not beyond December 31, 1965". SEC. 3. The penultimate sentence of section 3 of the Nematocide, Plant Regulator, Defoliant, and Desiccant Amendment of 1959 (Public Law 86-139, 73 Stat. 286, 288), as added by the "Food Additives Transitional Provisions Amendment of 1961" (Public Law 87-19, 75 Stat. 42), is hereby further amended by inserting before the period at the end thereof a colon and the following: '''•Provided, That if the Secretary has, pursuant to this sentence, granted an extension to June 30, 1964, he may, upon making the findings required by clause (1) of this paragraph (b) and clauses (A) and (B) of this sentence, further extend such expiration date, but not beyond December 31, 1965". Approved October 3, 1964.

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PUBLIC LAW 88-628~OCT. 6, 1964

1003

Public Law 88-626 AN ACT To disclaim any title of the United States to certain real property in Modoc County, California. Be it enacted 'by the Senate and House of Representatives of the United States of America in Congress assembled, That the United States disclaims oxiy right, title, or interest it may have, derived from its original ownership of the land as acquired by the Treaty of Guadalupe Hidalgo, including, without limitation, any right, title, or interest stemming from the doctrines of accretion, reliction, or lands omitted from survey, in or to real property situated in the bed or former bed of Pelican Lake, also known as Cowhead Lake, in township 47 north, range 17 east. Mount Diablo meridian, Modoc County, California. Approved October 3, 1964.

October 3, 1964 [H. R. 2753]

Modoc County, Calif.

Public Law 88-627 AN ACT To amend title 28 of the United States Code to transfer the counties of Genesee and Shiawassee in the State of Michigan from the Northern Division to the Southern Division of the Eastern Judicial District and to authorize a term of court at Ann Arbor. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 102 (a)(1), (2) is amended to read as follows: " (a) The Eastern District comprises two divisions. "(1) The Southern Division comprises the counties of Genesee, Jackson, Lapeer, Lenawee, Livingston, Macomb, Monroe, Oakland, Saint Clair, Sanilac, Shiawassee, Washtenaw, and Wayne. "Court for the Southern Division shall be held at Ann Arbor, Detroit, Flint, and Port Huron. "(2) The Northern Divisioi) comprises the counties of Alcona, Alpena, Arenac, Bay, Cheboygan, Clare, Crawford, Gladwin, Gratiot, Huron, Iosco, Isabella, Midland, Montmorency, Ogemaw, Oscoda, Otsego, Presque Isle, Roscommon, Saginaw, and Tuscola. "Court for the Northern Division shall be held at Bay City." Approved October 6, 1964.

October 6, 1964 [H. R. 4989]

Courts. Eastern District of Michigan, reorganization. 62 Stat. 882; 68 Stat. 11.

Public Law 88-628 JOINT RESOLUTION To authorize the President to proclaim October 15 of each year as White Cane Safety Day. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is hereby authorized to issue annually a proclamation designating October 15 as White Cane Safety Day and calling upon the people of the United States to observe such day with appropriate ceremonies and activities. Approved October 6, 1964.

October 6, 1964 [H. J. R e s. 753]

White Cane Safety Day. Proclamation,

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1004

[78

STAT.

Public Law 88-629 October 6, 1964 [S. 10 24]

D.C. Relocation services.

60 Stat. 797.

Payments for expenses.

District of Columbia Relocation Assistance Office.

60 Stat. 790. Regulations. Effective date.

AN ACT To authorize the Commissioners of the District of Columbia to pay relocation costs made necessary by actions of the District of Columbia 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 the Commissioners of the District of Colmnbia are hereby authorized to provide such relocation services as they shall determine to be reasonable and necessary to individuals, families, business concerns, and nonprofit organizations which may be or have been displaced from real property by actions of the United States or of the government of the District of Columbia, except the District of Columbia Eedevelopment Land Agency, such actions to include, but not be limited to, acquisition of property for public works projects, condemnation of unsafe and insanitary buildings, and enforcement of the laws and regulations relating to housing. The Commissioners shall provide that such individuals and families so displaced shall be given the same preference with respect to vacancies occurring in housing owned or operated within the District of Columbia by Federal or District of Columbia governmental agencies as is provided in section 8(b) of the District of Columbia Eedevelopment Act of 1945 (D.C. Code, sec. 5-707(b)). The Commissioners are authorized to make housing surveys in order to carry out this Act. SEC. 2. The Commissioners are hereby authorized to make relocation payments to individuals, families, business concerns, and nonprofit organizations for their reasonable and necessary moving expenses and any actual direct losses of property except goodwill or profit caused by their displacement from real property acquired by the Commissioners after the effective date of this Act for public works projects of the government of the District of Columbia, except the District of Columbia Redevelopment Land Agency. No such payment shall be made in any case where a payment for a similar purpose is authorized by any other Act. Such relocation payments shall be made in accordance with regulations prescribed by the Commissioners and shall not for any one relocation exceed $200 in the case of an individual or family or $3,000 (or, if greater, the total certified actual moving expense not to exceed $25,000) in the case of a business concern or nonprofit organization. SEC. 3. Prior to the acquisition of real property for any public works project of the government of the District of Columbia the Commissioners shall make the same determinations with respect to the availability of housing for displaced individuals and families as is required by section 8(a) of the District of Columbia Redevelopment Act of 1945 (D.C. Code, sec. 5-707(a)). SEC. 4. There is hereby established within the District of Columbia Redevelopment Land Agency an office to be known as the District of Columbia Relocation Assistance Office (hereinafter referred to as the "Office"). The Office shall provide the relocation services authorized by the first section of this Act, administer the payments authorized by section 2 of this Act, and provide the relocation assistance which the District of Columbia Redevelopment Land Agency is authorized to rovide by the District of Columbia Redevelopment Act of 1945 (D.C. iode, sec. 5-701 et seq.) and any other Act. SEC. 5. The Commissioners are hereby authorized to make regulations to carry out the purposes of this Act. SEC. 6, This Act shall take effect sixty days after the date of its approval. Approved October 6, 1964.

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PUBLIC LAW 88-630-OCT. 6, 1964

1005

Public Law 88-630 AN ACT To establish the Lewis and Clark T r a i l Commission, and for other purposes.

October 6, 1964 — [ H. R. 12289]—

Be it enacted by the Senate and House of Representatives of the Lewis Clark United States of America in Congress assembled, That there is hereby Trail ^^ and^^^^ ^^^^ Commission. established an advisory and coordinating commission to be known as "Estal)Hshme''nt" the "Lewis and Clark Trail Commission" (hereinafter referred to as the "Commission"), which shall be composed of twenty-seven members. PURPOSE AND FUNCTIONS OF COMMISSION

SEC. 2. In furtherance of the objectives set forth in H. Con. Res. 61, which expressed the sense of the Congress that the route traversed by Captains Meriwether Lewis and William Clark on their expedition of 1804—1806 from Saint Louis, Missouri, to the Pacific Northwest should be identified, marked, and kept available for the inspiration and enjoyment of the American people; in order to advance public awareness and knowledge of the far-reaching and historic significance of the Lewis and Clark Expedition; in order to supplement such awareness with an appreciation of the great resources of the vast region through which the Lewis and Clark Trail extended, and thereby to encourage desirable long-term conservation objectives in the public interest of the people of that region and the Nation as well as the public use and outdoor recreation benefits therefrom, the Commission is authorized to review proposals prepared at the request of the Commission, or by other agencies on their own initiative, to carry out the purposes of this Act. The Commission may make recommendations to agencies of the Federal Government, States, and other public and private agencies, but the functions and responsibilities of the Commission hereunder shall not operate to restrict or inhibit the aforesaid agencies in any operations they may otherwise undertake in carrying out the general objectives referred to in this Act. The Commission is authorized also to render advice in a manner that will encourage the development by State or Federal agencies of a suitable connecting network of roads following the general route of the Lewis and Clark Trail with appropriate markers for such roads. MEMBERSHIP OF COMMISSION

SEC. 3. The Commission shall comprise the following— (a) Ten members to serve, subject to their acceptance of membership, on behalf of the States of Missouri, Kansas, Iowa, Nebraska, South Dakota, North Dakota, Montana, Idaho, Washington, and Oregon; the individual member from each State being the Governor thereof or his designated representative; (b) Four meml^rs, who shall be Members of the House of Representatives, two from each party, to be appointed by the Speaker of the House of Representatives; (c) Four members, who shall be Members of the Senate, two from eacii party, to be appointed by the President of the Senate; (d) Five members, who shall be the Secretaries of the following Departments, or their designated representatives: Interior; Agriculture; Defense; Health, Education, and Welfare; and Commerce; (e) Four members, who shall be appointed by the J. N. "Ding" Darling Foundation (a nonprofit corporation).

77 Stat. 946.

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PUBLIC LAW 88-630-OCT. 6, 1964

[78 STAT.

ORGANIZATION OF THE COMMISSION

SEC. 4. (a) The Chairman of the Commission shall be elected for such term as may be determined by the membership thereof. The Secretary of the Interior shall convene the first meeting of the Commission within ninety days following enactment of this Act at such time and place as he may designate; (b) The Chairman snail designate a Vice Chairman from members of the Commission; (c) Any vacancy in the membership of the Commission shall be filled in the same manner in which the original appointment was made; (d) Where any member ceases to serve in the official position from which originally appointed under section 3, his place on the Commission shall be deemed to be vacant; (e) The Commission is authorized to issue such rules and regulations as it may consider desirable in the conduct of its activities pursuant to this Act. POWERS A N D ADMINISTRATIVE

PROVISIONS

SEC. 5. (a) The Commission may hold hearings at such times and places as it deems advisable for purposes of this Act. (b) Each department, agency, and instrumentality of the executive branch of the Government is authorized to furnish to the Commission, upon request made by the Chairman or Vice Chairman, such information as the Commission deems necessary to carry out its functions. Any Federal agency is hereby authorized to furnish the Commission with suitable office space to carry out its functions. (c) The head of each Department or agency shall cooperate with the Commission in the performance of its functions and shall provide the Commission with such technical services and assistance as may be necessary and available, C O M P E N S A T I O N OF COMMISSION

MEMBERS

SEC. 6. (a) Members of the Commission shall serve without compensation. (b) Members of the Commission, upon approval of the Chairman, shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties as members of the Commission. REPORTS AND

RECOMMENDATIONS

SEC. 7. Within two years following the approval of this Act, the Commission shall submit a report concerning its activities. Such report shall be submitted, together with any recommendations it may have to the President of the United States, to the President of the Senate, to the Speaker of the House of Representatives, and to other Federal and State agencies named in this Act. The Commission may thereafter from time to time as indicated by circumstances, but at least every two years, submit such additional reports as it may deem appropriate. The final report of the said Commission shall be submitted no later than five years following the approval of this Act, at which time the Commission shall cease to exist. The records and property of the Commission shall be turned over to the Secretary of the interior for such use or disposition as he shall find to be appropriate.

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 78 STAT.]

PUBLIC LAW 88-631-OCT. 6, 1964

1007

DONATIONS, EXPENDITURES, ACCOUNTS

SEC. 8. (a) The Commission is authorized to accept donations of personal services or property to assist in carrying out the purposes of this Act. The Commission may secure supplies, services, make contracts, and exercise those powers generally that it deems necessary to enable it to carry out effectively and in the public interest the purposes of this Act. (b) Expenditures of the Commission shall be paid by an executive officer designated from among its membership, who shall keep complete and accurate records of such expenditures and who shall account for all funds received by the Commission. Such accounts shall be subject to audit by the General Accounting Office of the United States. AUTHORIZATION FOR APPROPRIATIONS

SEC. 9. There is authorized to be appropriated annually, through the Department of the Interior and related agencies appropriation Acts, not to exceed the sum of $25,000 to carry out the provisions of this Act. Approved October 6, 1964.

Public Law 88-631 AN ACT To amend the Federal Employees Health Benefits Act of 1959 so as to authorize certain teachers employed by the Board of Education of the District of Columbia to participate in a health benefits plan established pursuant to such Act, to amend the Federal Employees Group Life Insurance Act of 1954 so as to extend insurance coverage to such teachers, to provide for retroactive salary increases for certain civilian employees of the Federal 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 section 3(a) of the Federal Employees Health Benefits Act of 1959 (73 Stat. 710; 5 U.S.C. 3002(a)) is amended by striking out the period at the end thereof and inserting in lieu thereof the following: ": Provided, That no teacher in the employ of the Board of Education of the District of Columbia, whose salary is established by section 1 of the District of Columbia Teachers' Salary Act of 1955 (69 Stat. 521), as amended (sec. 31-1501, D.C. Code, 1961 edition), shall be excluded on the basis of the fact that such teacher is serving under a temporary appointment if such teacher has been so employed by such Board for a period or periods totaling not less than two school years." SEC. 2. Section 2(a) of the Federal Employees' Group Life Insurance Act of 1954 (68 Stat. 736), as amended (5 U.S.C. 2091(a)), is amended by striking out the period at the end thereof and inserting in lieu thereof the following: "and in no event shall any teacher in the emploj^ of the Boiard of Education of the District of Columbia, whose salary is established by section 1 of the District of Columbia Teachers' Salary Act of 1955 (69 Stat. 521), as amended (sec. 31-1501, D.C. Code, 1961 edition), be excluded on the basis of the fact that such teacher is serving under a temporary appointment if such teacher has been so employed by such Board for a period or periods totaling not less than two school years."

October 6, 1964 [H. R. 5932]

D.C. temporary teachers. Health and life insurance benefits.

Ante,

p. 882.

Eligibility.

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Page:United States Statutes at Large Volume 78.djvu/1050

 PUBLIC LAW 88-632-OCT. 6, 1964

1008 Ante,

p. 435.

Federal Government and D.C. employees. Retroactive salary i n c r e a s e.

Ante,

p. 428.

Ante,

p. 430.

Ante,

p. 432.

Effective dates.

[78 STAT.

SEC. 3. (a) Title V of the Government Employees Salary Eeform Act of 1964 (Public Law 88-426), is amended by adding a new section, to read as follows: "SEC. 503. (a) 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 or after the effective date prescribed by section 501(a), by amounts not to exceed the increases provided by this Act for corresponding rates of compensation in the appropriate schedule, scale, or level of pay. "(b) Nothing contained in this section shall be deemed 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. "(c) 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." (b) Section 508 of title 28, United States Code, as amended by section 306(a)(1) of the Federal Executive Salary Act of 1964, is amended by striking out "subsection (f) " and inserting in lieu thereof "subsections (f) and (g) ". (c) Section 306(a)(2) of the Federal Executive Salary Act of 1964 is amended by striking out "section 303(f)" and inserting in lieu thereof "section 303(f) and (g). " (d) The third sentence of section 2 of the Act of May 29, 1959, as amended by section 306(h) of the Federal Executive Salary Act of 1964, is amended by striking out "subsection (f) " and inserting in lieu thereof "subsections (f) and (g) ". (e) Section 308 of the Federal Executive Salary Act of 1964 is amended by inserting after "Federal Reserve Act (12 U.S.C. 248),", in the second sentence, the following: "in section 121 of title 2 of the Panama Canal Zone Code (76A Stat. 15),". SEC. 4. The foregoing provisions of this Act shall take effect upon the first day of the first month which begins not later than the sixtieth day after the date of its enactment, except that section 3 of this Act shall take effect as of the first day of the first pay period which began on or after July 1, 1964. Approved October 6, 1964. Public Law 88-632

October 6, 1964 [H. R. 10204]

Osage Indians. Mineral e s t a t e.

AN ACT To extend the Osage mineral reservation for an indefinite period.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 3 of the Act of June 24, 1938 (52 Stat. 1034), which extends the mineral estate reserved to the Osage Tribe by the Act of June 28, 1906 (34 Stat. 539), until April 8, 1983, unless otherwise provided by Act of Congress, is hereby amended by striking the word "unless" and substituting therefor '"and thereafter until". Approved October 6, 1964.

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Page:United States Statutes at Large Volume 78.djvu/1051

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PUBLIC LAW 88-633-OCT. 7, 1964

1009

Public Law 88-633 AN ACT

October 7, 1964

To amend further the Foreign Assistance Act of 1961, as amended, and for other purposes.

[H. R. 1138O]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may an^rAcTot^igeT be cited as the "Foreign Assistance Act of 1964". PART I CHAPTER 2—DEVELOPMENT ASSISTANCE TITLE I—DEVELOPMENT LOAN FUND

SEC. 101. Section 201(d) of the Foreign Assistance Act of 1961, as amended, which relates to the Development Loan Fund, is amended as ^^ ^^^^ ^f^-^ follows: (a) Strike out "Foreign Assistance Act of 1963" and substitute "Foreign Assistance Act of 1964". (b) Strike out "2 per centum" and substitute "2i/^ per centum". (c) Strike out "three-fourths of 1 per centum" and substitute "1 per centum". TITLE II — T E C H N I C A L COOPERATION A N D DEVELOPMENT GRANTS

SEC. 102. Title II of chapter 2 of part I of the Foreign Assistance Act of 1961, as amended, which relates to development grants and technical cooperation, is hereby amended as follows: (a) Amend the title heading to read as follows: "TITLE II—TECHNICAL COOPERATION A N D DEVELOPMENT GRANTS".

(b) Amend section 212, which relates to authorization, by striking out "1964" and "$220,000,000" and substituting "1965" and '^215,000,000", respectively. (c) Amend section 214(c), which relates to American schools and hospitals abroad, by striking out "1964, $19,000,000" and substituting "1965, $18,000,000", and by striking out the second sentence. (d) Amend section 216(a), which relates to voluntary agencies, by inserting after "ports" the first time it appears, the words "or, in ||:he case of excess or surplus property supplied by the United States, from foreign ports". (e) Add the following new section at the end thereof:

^^ "^^ ^^^^• 22 USC 2174. ^^ ^^^ ^^^^

" SEC. 217. USED EQUIPMENT.—The President is authorized to use

funds made available for the purposes of section 211 to conduct a study yg^gtat^^jse^^' and investigation to determine the feasibility of establishing pro- 22 USC 2i'7i. grams for the furnishing to less developed friendly countries and areas of used tools, machinery, and other equipment to be donated by private enterprises, or acquired through normal channels of trade, and the extent to which such programs are likely to be utilized by and contribute to the economic development of the receiving country. The C(!1^^°'^V° President shall submit to the Congress at the earliest practicable date a report of the results of such study and investigation, together with such recommendations for legislation as he deems advisable." TITLE III — INVESTMENT GUARANTIES

SEC. 103. Title III of chapter 2 of part I of the Foreign Assistance Act of 1961, as amended, which relates to investment guaranties, is hereby amended as follows:

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Page:United States Statutes at Large Volume 78.djvu/1052

 1010 76 Stat. 256; 77 Stat. 381* 22 USC 2181.

22 USC 2184.

PUBLIC LAW 88-633-OCT. 7, 1964

[78 STAT.

(a) Amend section 221(b)(2), which relates to general authority, j» n as lollows: (1) Strike out "$180,000,000" in the third proviso and substitute "$800,000,000". (2) Strike out "1965" in the last proviso and substitute "1966". ^\y^ Amend section 224(b), which relates to housing projects in Latin American countries, by striking out "$150,000,000" and substituting "$250,000,000". TITLE IV — S U R V E Y S OF INVESTMENTO P P O R T U N I T I E S

00 ^ ^A ^^^' Tc *

22 USC 2192.

SEC. 104, Section 232 of the Foreign Assistance Act of 1961, as amended, which relates to surveys of investment opportunities, is amended by striking out "1963" and "$2,000,000" and substituting "1965" and "$2,100,000", respectively. TITLE VI — A L L I A N C E FOR PROGRESS

22 USC 22 ^ ^ 12

SEC. 105. Section 252 of the Foreign Assistance Act of 1961, as amended, which relates to the Alliance for Progress, is amended by striking out in the first sentence the words beginning with "of the funds" the first time they appear through the words "fiscal year 1964" and substituting "in each of the fiscal years 1963 and 1964 and $85,000,000 in fiscal year 1965 of the funds appropriated pursuant to this section for use beginning in each such fiscal year". CHAPTER 3—INTERNATIONAL ORGANIZATIONS AND PROGRAMS

7^^1*^*383^' 22 USC 2222.

SEC. 106. Section 302 of the Foreign Assistance Act of 1961, as amended, which relates to international organizations and programs, Js amended as follows: (a) Strike out "1964" and "$136,050,000" and substitute "1965" and "$134,272,400", respectively. (b) At the end thereof, add the following new sentence: "None of the funds available to carry out this chapter shall be contributed to any international organization or to any foreign government or agency thereof to pay the costs of developing or operating any volunteer program of such organization, government, or agency relating to the selection, training, and programing of volunteer manpower." CHAPTER 4—SUPPORTING ASSISTANCE

22 USC 2242. e(^^^es*s^ *°

SEC. 107. Section 402 of the Foreign Assistance Act of 1961, as amended, which relates to supporting assistance, is amended by striking out "1964" and "$380,000,000" and substituting "1965" and "$405,000,000", respectively, and by adding at the end thereof the following new sentence: "Of the funds made available for the fiscal year 1965 to carry out the purposes of this chapter, not less than fi>200,000,000 shall be available solely for use in Vietnam, unless the President determines otherwise and promptly reports such determination to the Committees on Foreign Relations and Appropriations of the Senate and to the Speaker of the House of Representatives.". CHAPTER 5—CONTINGENCY F U N D

22 USC 2261.

SEC. 108. Section 451(a) of the Foreign Assistance Act of 1961, as amended, which relates to the contingency fund, is amended by striking out "1964" and "$160,000,000" and substituting "1965" and "$150,000,000", respectively.

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Page:United States Statutes at Large Volume 78.djvu/1053

 78 STAT. ]

PUBLIC LAW 88-633-OCT. 7, 1964

1011

PART II CHAPTER 2—MILITARY ASSISTANCE

SEC. 201. Chapter 2 of part II of the Foreign Assistance Act of 1961, as amended, which relates to military assistance, is amended as follows: 435. (a) Amend section 503, which relates to general authority, as 75 Stat. 2311. 22 USC follows: (1) In subsection (c) strike out "and" at the end thereof and in subsection (d) strike out the period at the end thereof and substitute "; and". (2) Add the following new subsection (e): "(e) guarantying, insuring, coinsuring, and reinsuring any individual, corporation, partnership, or other association doing business in the United States against political and credit risks of nonpayment arising in connection with credit sales financed by such individual, corporation, partnership or other association for defense articles and defense services procured in the United States by such friendly country or international organization." (b) Amend section 504(a), which relates to authorization, by 11 flic ^^\^ striking out "1964" and "$1,000,000,000" and substituting "1965" and "$1,055,000,000", respectively, and by adding at the end thereof the following new sentence: "Of the funds made available for the fiscal ^^^f^l''^^ ^° Congress. year 1965 to carry out the purposes of this part, not less than $200,000,000 shall be available solely for use in Vietnam, unless the President determines otherwise and promptly reports such determination to the Committees on Foreign Relations and Appropriations of the Senate and to the Speaker of the House of Representatives.". 75 Stat. 437. (c) Amend section 507(b), which relates to sales, by inserting 22 USC 2315. after "are due" at the end of the first sentence the following: ": Provided, That the President may, when he determines it to be in the national interest, accept a dependable undertaking to make full payment within one hundred and twenty days after delivery of the defense articles, or the rendering of the defense services, and appropriations available to the Department of Defense may be used to meet the payments required by the contracts and shall be reimbursed by the amounts subsequently received from the country or international organization". (d) Amend section 509, which relates to exchanges, as follows: 22 USC 2317 (1) The section heading is amended to read as follows: "EXCHANGES AND GUARANTIES".

(2) After the section heading insert " (a) ". (3) Add the following new subsection (b): " (b) I n issuing guaranties, insurance, coinsurance, and reinsurance, the President may enter into contracts with exporters, insurance companies, financial institutions, or others, or groups thereof, and where appropriate may employ any of the same to act as agent in the issuance and servicing of such guaranties, insurance, coinsurance, and reinsurance, and the adjustment of claims arising thereunder. Fees and premiums shall be charged in connection with contracts of guaranty, insurance, coinsurance, and reinsurance. Obligations shall be recorded against the funds available for credit sales under this part in an amount not less than 25 per centum of the contractual liability related to any guaranty, insurance, coinsurance, and reinsurance issued pursuant to this part and the funds so obligated together with fees and premiums shall constitute a single reserve for the payment of claims under such contracts. Any guaranties, insurance, coinsur-

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Page:United States Statutes at Large Volume 78.djvu/1054

 1012

77 Stat. 384. 22 USC 2318. 22 USC 2320. Defense articles.

75 Stat. 437. 22 USC i2315.

Reports to Congress.

PUBLIC LAW 88-633-OCT. 7, 1964

[78 STAT.

ance, and reinsurance issued pursuant to this part shall be considered contingent obligations backed by the full faith and credit of the United States of America." (e) Section 510(a), which relates to special authority, is amended by striking out "1964" in the first and second sentences thereof and substituting "1965". (f) Section 512, which relates to restrictions on military aid to Africa, is amended by striking out "1964" and substituting "1965". (g) Add the following new section at the end thereof: " SEC. 513. CERTIFICATION OF RECIPIENT'S CAPABILITY.—(a) Except as provided in subsection (b) of this section, no defense article having a value in excess of $100,000 shall hereafter be furnished to any country or international organization under the authority of this Act (except under the authority of section 507) unless the chief of the appropriate military assistance advisory group representing the United States with respect to defense articles used by such country or international organization or the head of any other group representing the United States with respect to defense articles used by such country or international organization has certified in writing within six months prior to delivery that the country or international organization has the capability to utilize effectively such article in carrying out the purposes of this part. " (b) Defense articles included in approved military assistance programs may be furnished to any country or international organization for which the certification required by subsection (a) of this section cannot be made when determined necessary and specifically approved in advance by the Secretary of State (or, upon appropriate delegation of authority by an Under Secretary or Assistant Secretary of State) and the Secretary of Defense (or, upon appropriate delegation of authority by the Deputy Secretary or an Assistant Secretary of Defense). The Secretary of State, or his delegate, shall make a complete report to the Speaker of the House of Representatives and to the Committee on Foreign Relations and the Committee on Appropriations of the Senate of each such determination and approval and the reasons therefor." PART III CHAPTER 1—GENERAL PROVISIONS

SEC. 301. Chapter 1 of part III of the Foreign Assistance Act of 1961, as amended, which relates to general provisions, is amended as follows: 77 Stat. 385. (a) Amend section 601(c), relating to the Advisory Committee on 22 USC 2351. Private Enterprise, by striking out in paragraph (4) "December 31, 1964" and substituting "June 30, 1965". Engineering and (b) Section 601, which relates to the encouragement of free enterprofessional services of U.S. firms. prise and private participation, is amended by adding at the end thereof the following new subsection: " (d) It is the sense of Congress that the Agency for International Development should continue to encourage, to the maximum extent consistent with the national interest, the utilization of engineering and professional services of United States firms (including, but not limited to, any corporation, company, partnership, or other association) or by an affiliate of such Ignited States firms in connection with capital projects financed by funds authorized under this Act." 22 USC 2362. (c) Amend section 612, which relates to the use of foreign currencies, by adding the following new subsection (c): "(c) Any Act of the Congress making appropriations to carry out programs under this or any other Act for United States operations

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Page:United States Statutes at Large Volume 78.djvu/1055

 78 STAT. ]

PUBLIC LAW 88-633-OCT. 7, 1964

abroad is hereby authorized to provide for the utilization of United States-owned excess foreign currencies to carry out any such operations authorized by law. "The President shall take all appropriate steps to assure that, to the maximum extent possible, United States-owned excess foreign currencies are utilized, in lieu of dollars. As used in this subsection, the term 'excess foreign currencies' means foreign currencies or credits owned by or owed to the United States which are, under applicable agreements with the foreign country concerned, available for the use of the United States (jovernment and are determined by the President to be excess to the normal requirements of departments and agencies of the United States for such currencies or credits and are not prohibited from use under this subsection by an agreement entered into with the foreign country concerned." (d) Amend subsection 620(e), relating to expropriations and other similar matters, as follows: (1) After " (e) " insert " (1) ". (2) Redesignate subparagraphs (1), (2), and (3) of the first paragraph as subparagraphs (A), (B), and (C), respectively. (3) Strike out "paragraphs (1), (2), or (3) " and substitute "subparagraphs (A), (B), o r (C) of paragraph (1)". (4) At the end of such subsection add the following new paragraph (2): "(2) Notwithstanding any other provision of law, no court in the United States shall decline on the ground of the federal act of state doctrine to make a determination on the merits giving effect to the principles of international law in a case in which a claim of title or other right is asserted by any party including a foreign state (or a party claiming through such state) based upon (or traced through) a confiscation or other taking after January 1, 1959, by an act of that state in violation of the principles of international law, including the principles of compensation and the other standards set out in this subsection: Provided, That this subparagraph shall not be applicable (1) in any case in which an act of a foreign state is not contrary to international law or with respect to a claim of title or other right acquired pursuant to an irrevocable letter of credit of not more than 180 days duration issued in good faith prior to the time of the confiscation or other taking, or (2) in any case with respect to which the President determines that application of the act of state doctrine is required in that particular case by the foreign policy interests of the United States and a suggestion to this effect is filed on his behalf in that case with the court, or (3) in any case in which the proceedings are commenced after January 1, 1966," (e) I n section 620(f), relating to prohibitions on furnishing assistance to Communist countries, immediately after "Union of Soviet Socialist Republics" insert the following: "(including its captive constituent republics)". (f) Amend section 620(k) by striking out "1964" each place it appears and substituting "1965" in each such place. (g) I n section 620(m), relating to prohibitions on furnishing assistance to Cuba and certain other countries, after "during" insert "each" and also strike out "1964" and "$1,000,000" and substitute for the latter "$500,000".

1013

^^ ^^^ ^^e.

^^ ^*^** ^^''•

77 Stat. 386.

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 1014

PUBLIC LAW 88-633-OCT. 7, 1964

[78 STAT.

CHAPTER 2—ADMINISTRATIVE PROVISIONS

75 Stat. 449; 76 Stat. 262. 22 USC 2385.

Alliance for Progress. Inter-American Committee representative.

Ante, p. 428. 75 Stat. 4 5 1. 22 USC 2386.

63 Stat. 802; 76 Stat. 499. 76 Stat. 4 5 1. 77 Stat. 389. 22 USC 2397.

SEC. 302. Chapter 2 of part III of the Foreign Assistance Act of 1961, as amended, which relates to administrative provisions, is amended as follows: (a) Amend section 625, which relates to employment of personnel, as follows: (1) I n subsection (d)(2) in the third proviso strike out "more than thirty persons in the aggregate" and substitute "the assignment to such duty of more than twenty persons at any one time". (2) Add the following new subsection (j): " (j) The President may appoint or assign a United States citizen to be representative of the United States to the Inter-American Committee on the Alliance for Progress and, in his discretion, may terminate such appointment or assignment, notwithstanding any other provision of law. Such person may be compensated at a rate not to exceed that authorized for a chief of mission, class 2, within the meaning of the Foreign Service Act of 1946, as amended." (b) Amend section 626, which relates to experts, consultants and retired officers, as follows: (1) Subsection (a) is amended by striking out "$75" and substituting "$100". (2) Subsection (c) is amended by striking out the words "Career Compensation Act of 1949, as amended (37 U.S.C. 231 et seq.)" and substituting "section 101(3) of title 37 of the United States Code". ^c) Amend section 637(a), which relates to administrative expenses, by striking out "1964" and "$54,000,000" and substituting "1965" and "$52,500,000", respectively. CHAPTER 3—MISCELLANEOUS PROVISIONS

22 USC 24012406.

SEC. 303. Chapter 3 of part III of the Foreign Assistance Act of 1961, as amended, which relates to miscellaneous provisions, is amended by adding at the end thereof the following new section: " SEC. 648. SPECIAL AUTHORIZATION FOR U S E OF FOREIGN CURREN-

66 Stat. 662. 31 USC 724.

CIES.—Subject to the provisions of section 1415 of the Supplemental Appropriation Act, 1953, the President is authorized, as a demonstration of good will on the part of the people of the United States for the Polish and Italian people, to use foreign currencies accruing to the United States Government under this or any other Act, for assistance on such terms and conditions as he may specify, in the repair, rehabilitation, improvement, and maintenance of cemeteries in Italy serving as the burial place of members of the armed forces of Poland who died in combat in Italy during World W a r II, " P A R T IV—AMENDMENTS TO OTHER LAWS

76 Stat. 263.

SEC. 401. The first section of the Act entitled "An Act to authorize participation by the United States in the Interparliamentary Union", approved June 28, 1935 (22 U.S.C. 276), is amended to read as follows: "That an appropriation of $50,000 annually is authorized, $23,100 of which shall be for the annual contributions of the United States toward the maintenance of the Bureau of the Interparliamentary Union for the promotion of international ai^bitration; and $26,900, or so much thereof as may be necessary, to assist in meeting the expenses of the American group of the Interparliamentary Union for each fiscal year for which an appropriation is made, such appropriation to be disbursed on vouchers to be approved by the President and the executive secretary of the American group."

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 78 STAT. ]

PUBLIC LAW 88-634-OCT. 7, 1964

1015

SEC. 402. Section 502(b) of the Mutual Security Act of 1954, as amended, is amended by inserting after the words "United States" ^^ ^^^ f^^^ where they first appear in the first sentence thereof a comma and the following: "which are in excess of the amounts reserved under section 612(a) of the Foreign Assistance Act of 1961, as amended, and of the ^JL^l^^^oV^' ^. '

i»

1

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•

T r^

/^

•

i

J? ' i

requirements of the united htates (iovernment in payment or its obligations outside the United States, as such requirements may be determined from time to time by the President, (and any other local currencies owned by the United States in amounts not to exceed the equivalent of $50 per day per person exclusive of the actual cost of transportation)".

' ' Stat. 3 8 5.

22 USC 2362.

PART V—^RELIGIOUS PERSECUITON

SEC. 501. It is the sense of the Congress that the United States deeply believes in the freedom of religion for all people and is opposed to infringement of this freedom anywhere in the world. The Congress oondenms the persecution of any persons because of their religion. It is further the sense of Congress that all persons should be permitted the free exercise of religion and the pursuit of their culture. Approved October 7, 1964. Public Law 88-634 AN ACT Making appropriations for Foreign Assistance and related agencies for the year ending June 30, 1965, and for other purposes.

October 7, 1964 fiscal [H. R. 11812]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following ancranTR^iated sums are appropriated, out of any money in the Treasury not otherwise Agenc^i^s App^roappropriated, for thefiscalyear ending June 30, 1965, namely: priation Act, iges. TITLE I—FOREIGN ASSISTANCE FUNDS APPROPRIATED TO THE PRESIDENT

For expenses necessary to enable the President to carry out the provisions of the Foreign Assistance Act of 19&1, as amended, to remain ^^ stat^. 424. available until June 30, 1965, unless otherwise specified herein, as note. ^ follows: ECONOMIC ASSISTANCE

Technical cooperation and development grants: For expenses authorized by section 212, $204,600,000. ^"'=' P- loo^. American schools and hospitals abroad: For expenses authorized by section 214(c),$16,800,000. Surveys of investment opportunities: For expenses authorized by section 232, $1,600,000. Ant^, p. 1010. International organizations and programs: For expenses authorized by section 302, $134,272,400. Supporting assistance: For expenses authorized by section 402, $401,000,000. Contingency fund: For expenses authorized by section 451(a), $99,200,000. Alliance for Progress, development grants: For expenses authorized by section 252, $84,700,000. 31-667 0-65—67

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 1016

75 Stat. 426; 77 Stat. 380. 22 USC 2162. 22 USC 2165. Ante, p. 1014.

75 Stat. 463. 22 USC 1613d.

68 Stat. 830. 31 USC 200. 68 Stat. 832; 75 Stat. 460. 22 USC 1750; 1951 notes. Notification of congressional committees.

PUBLIC LAW 88-634-OCT. 7, 1964

[78 STAT.

Alliance for Progress, development loans: For assistance authorized by section 252, $425,000,000, to remain available until expended. Development loans: For expenses authorized by section 202Ca), $773,727,600, to remain available until expended: Provided, That no part of this appropriation may be used to carry out the provisions of section 205 of the Foreign Assistance Act of 1961, as amended. Administrative expenses: For expenses authorized by section 637(a), $51,200,000. Administrative and other expenses: For expenses authorized by section 637(b) of the Foreign Assistance Act of 1961, as amended, and by section 305 of the Mutual Defense Assistance Control Act of 1951, as amended, $2,900,000. Unobligated balances as of June 30, 1964, of funds heretofore made available under the authority of the Foreign Assistance Act of 1961, as amended, except as otherwise provided by law, are hereby continued available for the fiscal year 1965, for the same general purposes for which appropriated and amounts certified pursuant to section 1311 of the Supplemental Appropriation Act, 1955, as having been obligated against appropriations heretofore made under the authority o i the Mutual Security Act of 1954, as amended, and the Foreign Assistance Act of 1961, as amended, for the same general purpose as any of the subparagraphs under "Economic Assistance," are hereby continued available for the same period as the respective appropriations in such subparagraphs for the same general purpose '.Provided, That such purpose relates to a project or program previously justified to Congress and the Committees on Appropriations of the House of Representatives and the Senate are notified prior to the reobligation of funds for such projects or programs. Of the foregoing amounts for economic assistance, $300,000,000 shall be available for obligation only through the apportionment review and approval procedure prescribed by law in such amounts and at such times as may be determined by the President in the national interest that funds otherwise available for the purposes of programs under this title are insufficient to meet the cost of additional authorized projects or programs. MILITARY ASSISTANCE

Ante, p. 1011. 75 Stat. 457. 22 USC 2396.

Military assistance: For expenses authorized by section 504(a) of the Foreign Assistance Act of 1961, as amended, including administrative expenses authorized by section 636(g)(1) of such Act, which shall not exceed $23,500,000 for the current fiscal year, and purchase of passenger motor vehicles for replacement only for use outside the

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 78 STAT. ]

PUBLIC LAW 88-634-OCT. 7, 1964

1017

United States: Provided, That none of the funds contained in this paragraph shall be available for the purchase of new automotive vehicles outside of the United States, $1,055,000,000. GENERAL PROVISIONS SEC. 101. None of the funds herein appropriated (other than funds andlecla^rtTon appropriated under the authorization for "International organiza- programs, etc. tions and programs") shall be used to finance the construction of any new flood control, reclamation, or other water or related land resource project or program which has not met the standards and criteria used in determining the feasibility of flood control, reclamation and other water and related land resource programs and projects proposed for construction within the United States of America as per memorandum of the President dated May 15, 1962. SEC. 102. Obligations made from funds herein appropriated for Engineering and , ^

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,

, „

,

.

,

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1

architectural fees.

engmeering and architectural tees and services to any individual or Reports to congroup of engineering and architectural firms on any one project in gressionai comexcess of $25,000 shall be reported to the Committees on Appropria- ""* tions of the Senate and House of Representatives at least twice annually. SEC. 103. Except for the appropriations entitled "Contingency R«st"<="°"s. fund", "Alliance for Progress, development loans", and "Development loans", not more than 20 per centum of any appropriation item made available by this title shall be obligated and/or reserved during the last month of availability. SEC. 104. None of the funds herein appropriated nor any of the counterpart funds generated as a result of assistance hereunder or any prior Act shall be used to pay pensions, annuities, retirement pay or adjusted service compensation for any persons heretofore or hereafter serving in the armed forces of any recipient country. SEC. 105. The Congress hereby reiterates its opposition to the seat- ^^.^V"^.?^ ^.°"^ __

.

v

<• 1

J^

•

/-^^ •

•

1

munist China in

ing in the United Nations or the Communist (.hma regime as the repre- u. N., opposition. sentative of China, and it is hereby declared to be the continuing sense of the Congress that the Communist regime in China has not demonstrated its w i l l i n ^ e s s to fulfill the obligations contained in the Charter of the United Nations and should not be recognized to repre- ^^ ^*^*" ^°^^sent China in the United Nations. In the event of the seating of representatives of the Chinese Communist regime in the Security Council or General Assembly of the United Nations the President is requested to inform the Congress insofar as is compatible with the requirements of national security, of the implications of this action upon the foreign policy of the United States and our foreign relation-

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Page:United States Statutes at Large Volume 78.djvu/1060

 1018

R a c i a l or religious discrimi" nation.

Cuba. Restriction on assistance to certain countries 22 USC 2151 note, 65 Stat. 644. 22 USC 1611161 Id.

Presidential determination of assistance. Report to cong r e s s i o n a l committees.

P u b l i c a t i o n in Federal Register.

Procurement o u t s i d e U.S. Report to cong r e s s i o n a l committees.

75 Stat, 439. 22 USC 2354,

Communist nations. Furnishing of s t r a t e g i c materia l s, prohibition.

Economic assistance. P r e s i d e n t i a l determination. 22 USC 2174.

PUBLIC LAW 88-634-OCT. 7, 1964

[78 STAT.

ships, including that created by membership in the United Nations, together with any recommendations which he may have with respect to the matter. SEC. 106. I t is the sense of Congress that any attempt by foreign nations to create distinctions because of their race or religion among American citizens in the granting of personal or commercial access or any other rights otherwise available to United States citizens generally is repugnant to our principles; and in all negotiations between the United States and any foreign state arising as a result of funds appropriated under this title these principles shall be applied as the President may determine. SEC. 107. (a) No assistance shall be furnished under the Foreign Assistance Act of 1961, as amended, to any country which sells, furnishes, or permits any ships under its registry to carry to Cuba, so long as it is governed by the Castro regime, in addition to those items contained on the list maintained by the Administrator pursuant to title 1 of the Mutual Defense Assistance Control Act of 1951, as amended, any arms, ammunition, implements of war, atomic energy materials, or any other articles, materials, or supplies of primary strategic significance used in the production of arms, ammunition, and implements of war or of strategic significance to the conduct of war, including petroleum products. (b) No economic assistance shall be furnished under the Foreign Assistance Act of 1961, as amended, to any country which sells, furnishes, or permits any ships under its registry to carry items of economic assistance to Cuba, so long as it is governed by the Castro regime, unless the President determines that the withholding of such assistance would be contrary to the national interest and reports such determination to the Foreign Relations and Appropriations Committees of the Senate and the Foreign Affairs and Appropriations Committees of the House of Representatives. Reports made pursuant to this subsection shall be published in the Federal Register within seven days of submission to the committees and shall contain a statement by the President of the reasons for such determination. SEC. 108. Any expenditure made from funds provided in this title for procurement outside the United States of any commodity in bulk and in excess of $100,000 shall be reported to the Committees on Appropriations of the Senate and the House of Representatives at least twice annually: Provided, That each such report shall state the reasons for which the President determined, pursuant to criteria set forth in section 604(a) of the For e i ^ Assistance Act of 1961, as amended, that foreign procurement will not result in adverse effects upon the economy of the United States or the industrial mobilization base which outweigh the economic or other advantages to United States of less costly procurement outside the United States. SEC. 109. (a) No assistance shall be furnished to any nation, whose government is based upon that theory of government known as communism under the For e i ^ Assistance Act of 1961, as amended, for any arms, ammunition, implements of war, atomic energy materials, or any articles, materials, or supplies, such as petroleum, transportation materials of strategic value, and items of primary strategic significance used in the production of arms, ammunition, and implements of war, contained on the list maintained by the Administrator pursuant to title I of the Mutual Defense Assistance Control Act of 1951, as amended. (b) No economic assistance shall be furnished to any nation whose government is based upon that theory of government known as communism under the Foreign Assistance Act of 1961, as amended (exoept section 214(b)), unless the President determines that the withholding

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PUBLIC LAW 88-634-OCT. 7, 1964

of such assistance would be contrary to the national interest and reports such determination to the Foreign Affairs and Appropriations Committees of the House of Representatives and Foreign Relations and Appropriations Committees of the Senate. Reports made pursuant to this subsection shall be published in the Federal Register within seven days of submission to the committees and shall contain a statement by the President of the reasons for such determination. SEC. 110. None of the funds appropriated or made available pursuant to this Act for carrying out the Foreign Assistance Act of 1961, as amended, may be used for making payments on any contract for procurement to which the United S t a t ^ is a party entered into after the date of enactment of this Act which does not contain a provision authorizing the termination of such contract for the convenience of the United States. SEC. 111. None of the funds appropriated or made available under this Act for carrying out the Foreign Assistance Act of 1961, as amended, may be used to make payments with respect to any contract for the performance of services outside the U n i t ^ States by United States citizens where such citizens have not been investigated for loyalty and security in the same manner and to the same extent as would apply if they were regularly employed by the United States. SEC. 112. None of the funds appropriated or made available under this Act for carrying out the Foreign Assistance Act of 1961, as amended, may be used to make payments with respect to any capital project financed by loans or grants from the United States where the United States has not directly approved the terms of the contracts and the firms to provide engineering, procurement, and construction services on such projects. SEC. 113. Of the funds appropriated or made available pursuant to this Act not more than $12,000,000 may be used during the fiscal year ending June 30, 1965, in carrying out section 241 of the Foreign Assistance Act of 1961, as amended. SEC. 114. None of the funds appropriated or made available pursuant to this Act for carrying out the Foreign Assistance Act of 1961, as amended, may be used to pay in whole or in part any assessments, arrearages or dues of any member of the United Nations. SEC. 115. Foreign currencies not to exceed $200,000, made available for loans pursuant to section 104(e) of the Agricultural Trade Development and Assistance Act of 1954, as amended, shall be available during the current fiscal year for expenses incurred incident to such loans. SEC. 116. None of the administrative expense or other funds herein appropriated shall be available in connection with the use of receipts of United States dollars, derived from loan repayments and interest collections in the Development Loan Fund and Alliance for Progress revolving funds. SEC. 117. None of the funds made available by this Act for carrying out the Foreign Assistance Act of 1961, as amended, may be obligated on or after April 30, 1964, for financing, in whole or in part, the direct costs of any contract for the construction of facilities and installations in any underdeveloped country, unless the President shall, on or before such date, have promulgated regulations designed to assure, to the maximum extent consistent with the national interest and the avoidance of excessive costs to the United States, that none of the funds made available by this Act and thereafter obligated shall be used to finance the direct costs under such contracts for construction work performed by persons other than qualified nationals of the recipient country or

1019 Report to cong r e s s i o n a l committees. P u b l i c a t i o n in Federal Register.

22 USC 2151 note.

C i t i z e n s employed o u t s i d e U.S. Loyalty investigations.

Capital projects. U.S. approval.

75 Stat. 433; 77 Stat. 382. 22 USC 2201.

68 Stat. 456; 71 Stat. 345. 7 USC 1704.

Underdeveloped countries. Construction work.

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PUBLIC LAW 88-634-OCT. 7, 1964

[78 STAT.

qualified citizens of the United States: Provided, however, That the President may waive the application of this amendment if it is important to the national interest. TITLE II—FOREIGN ASSISTANCE (OTHER) FUNDS APPROPRIATED TO THE PRESIDENT PEACE CORPS

r use 2\^o *

For expenses necessary to enable the President to carry out the pro^'isions of the Peace Corps Act (75 Stat. 612), as amended, including purchase of not to exceed five passenger motor vehicles for use outside the United States, $87,100,000, together with not to exceed $17,000,000 of funds previously appropriated which are hereby continued available for the fiscal year 1965^ of which not to exceed $20,850,000 shall be available for administration and program support costs. DEPARTMENT OF THE ARMY—CIVIL FUNCTIONS RYUKYU ISLANDS, A R M Y ADMINISTRATION

For expenses, not otherw^ise provided for, necessary to meet the responsibilities and obligations of the United States in connection with the government of the Ryukyu Islands, as authorized by the Act of July 12, 1960 (74 Stat. 461), as amended (76 Stat. 742); services as 60 Stat. 810. authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), of individuals not to exceed ten in number; not to exceed $4,000 for contingencies for the High Commissioner, to be expended in his discretion; hire of passenger motor vehicles and aircraft; purchase of four passenger motor vehicles, for replacement only; and construction, repair, and maintenance of buildings, utilities, facilities, and appurtenances; $14,441,000, of M'hich not to exceed $2,441,000 shall be available for administrative and information expenses, and $4,000,000 shall be available for transfer to the Ryukyu Domestic Water Corporation for construction of a portion of the integrated island water system: Provided, That expenditures from this appropriation may be made outside continental United States when necessary to carry out its 3i^uscf529^^' purposes, without regard to sections 355 and 3648, Revised Statutes, 70A Stat. 269. as amended, section 4774(d) of title 10, United States Code, civil service or classification laws, or provisions of law prohibiting payment of any person not a citizen of the United States: Provided further, That funds appropriated hereunder may be used, insofar as practicable, and under such rules and regulations as may be prescribed by the Secretary of the Army to pay ocean transportation charges from United States ports, including territorial ports, to ports in the Ryukyus for the movement of supplies donated to, or purchased by. United States voluntary nonprofit relief agencies registered with and recommended by the Advisory Committee on Voluntary Foreign Aid or of relief packages consigned to individuals residing in such areas: Provided further, That the President may transfer to any other department or agency any function or functions provided for under this appropriation, and there shall be transferred to any such department or agency, without reimbursement and without regard to the appropriation from which procured, such property as the Director of the Bureau of the Budget shall determine to relate primarily to any function or functions so transferred.

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PUBLIC LAW 88-634-OCT. 7, 1964

1021

DEPARTMENT OF H E A L T H, EDUCATION, AND WELFARE ASSISTANCE TO REFUGEES I N THE UNITED STATES

For expenses necessary to carry out the provisions of the Migration and Refugee Assistance Act of 1962 (Public Law 87-510), relating ^^ us^c 26^oi to aid to refugees within the United States, including hire of pas- note. senger motor vehicles, and services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), $34,800,000 together with the unobligated balance of the appropriation under this head for the fiscal year 1964: Provided, That the final sentence in section 2(e) of Repeal. the Migration and Refugee Assistance Act of 1962 is hereby repealed. DEPARTMENT OF STATE MIGRATION AND REFUGEE ASSISTANCE

For expenses, not otherwise provided for, necessary to enable the Secretary of State to provide assistance to refugees, as authorized by law, including contributions to the Intergovernmental Committee for European Migration and the United Nations High Commissioner for Refugees; salaries and expenses of personnel and dependents as authorized by the Foreign Service Act of 1946, as amended (22 U.S.C. 801-1158); allowances as authorized by the Overseas Differentials and Allowances Act (5 U.S.C. 3031-3039); hire of passenger motor vehicles; and services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a); $8,200,000: Provided, That no funds herein appropriated shall be used to assist directly in the migration to any nation in the Western Hemisphere of any person not having a security clearance based on reasonable standards to insure agamst Communist infiltration in the Western Hemisphere.

^^ ^tat. 999. ^^ Stat. 792. eostat. sio.

F U N D S APPROPRIATED TO THE PRESIDENT INVESTMENT IN INTER-AMERICAN DEVELOPMENT BANK

For subscriptions to the Inter-American Development Bank for the first installment on the increase in callable capital stock $205,880,000, to remain available until expended. SUBSCRIPTION

TO THE

INTERNATIONAL

DEVELOPMENT

ASSOCIATION

For payment of the fifth installment of the subscription of the United States to the International Development Association, $61,656,000, to remain available until expended. TITLE III—EXPORT-IMPORT BANK O F WASHINGTON The Export-Import Bank of W a s h i n ^ o n is hereby authorized to make such expenditures within the limits of funds and borrowing authority available to such corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out the pro- ^1 Stat. 534. gram set forth in the budget for the current fiscal year for such ^^ ^'^^' corporation, except as hereinafter provided. LIMITATION ON OPERATING EXPENSES

Not to exceed $1,350,060,000 (of which not to exceed $944,000,000 shall be for long term project and equipment loans) shall be author-

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PUBLIC LAW 88-634-OCT. 7, 1964

[78

STAT.

ized during the current fiscal year for other than administrative expenses. LIMITATION ON ADMINISTRATIVE EXPENSES

60 Stat. 810.

Extension of credit to communist countries, restriction. 76 Stat. 260. 22 USC 2370.

Report to Congress.

Not to exceed $3,781,000 (to be computed on an accrual basis) shall be available during the current fiscal year for administrative expenses, including services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), at rates not to exceed $75 per diem for individuals, and not to exceed $9,000 for entertainment allowances for members of the Board of Directors: Provided, That (1) fees or dues to international organizations of credit institutions engaged in financing foreign trade, (2) necessary expenses (including special services performed on a contract or fee basis, but not including other personal services) in connection with the acquisition, operation, maintenance, improvement, or disposition of any real or personal property belonging to the Bank or in which it has an interest, including expenses of collections of pledged collateral, or the investigation or appraisal of any property in respect to which an application for a loan has been made, and (3) expenses (other than internal expenses of the Bank) incurred in connection with the issuance and servicing of guarantees, insurance, and reinsurance, shall be considered as nonadministrative expenses for the purposes hereof. None of the funds made available because of the provisions of this title shall be used by the Export-Import Bank to either guarantee the payment of any obligation hereafter incurred by any Communist country (as defined in section 620(f) of the Foreign Assistance Act of 1961, as amended) or any agency or national thereof, or in any other way to participate in the extension of credit to any such country, agency, or national, in connection with the purchase of any product by such country, agency, or national, except when the President determines that such guarantees would be in the national interest and reports each such determination to the House of Representatives and the Senate within 30 days after such determination. TITLE IV—GENERAL PROVISIONS

Publicity or propaganda.

Restriction.

SEC. 401. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes within the United States not heretofore authorized by the Congress. SEC. 402. None of the funds herein appropriated shall be used for expenses of the Inspector General, Foreign Assistance, after the expiration of the thirty-five day period which begins on the date the General Accounting Office or any committee of the Congress, or any duly authorized subcommittee thereof, charged with considering foreign assistance legislation, appropriations, or expenditures, has delivered to the Office of the Inspector General, Foreign Assistance, a written request that it be furnished any document, paper, communication, audit, review, finding, recommendation, report, or other material in the custody or control of the Inspector General, Foreign Assistance, relating to any review, inspection, or audit arranged for, directed, or conducted by him, unless and until there has been furnished to the General Accounting Office or to such committee or subcommittee, as the case may be, (A) the document, paper, communication, audit, review, finding, recommendation, report, or other material so requested or (B) a certification by the President, personally, that he has forbidden the furnishing thereof pursuant to such request and his reason for so doing. SEC. 403. No part of any appropriation contained in this Act shall be used to conduct or assist- in conducting any program (including but not limited to the payment of salaries, administrative expenses, and

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PUBLIC LAW 88-635-OCT. 7, 1964

1023

the conduct of research activities) related directly or indirectly to the establishment of a national service corps or similar domestic peace corps type of program. SEC. 404. The appropriations, funds, other authorizations, and o/^undg*^""^ authority with respect thereto in this Act shall be available from October 1, 1964, for the purposes provided in such appropriations, funds, other authorizations, and authority. All obligations incurred during the period between September 30, 1964, and the date of enactment of this Act in anticipation of such appropriations, funds, other authorizations, and authority are hereby ratified and confirmed if in accordance with the terms thereof. This Act may be cited as the "Foreign Assistance and Related Agen- ^^°^ *"^"' cies Appropriation Act, 1965." Approved October 7, 1964.

Public Law 88-635 AN ACT

October 7, 1964

Making supplemental appropriations for the fiscal year ending June 30, 1965, and for other purposes.

[H. R. 12633]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following ^^"o^n^tllin^^ sums are appropriated out of any money in the Treasury not other- Act, 1965. wise appropriated, to supply supplemental appropriations (this Act may be cited as the "Supplemental Appropriation Act, 1965") for the fiscal year ending June 30, 1965, and for other purposes, namely: CHAPTER I DEPARTMENT OF AGRICULTURE AGRICULTURAL RESEARCH SERVICE SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses", for "Meat inspection", $1,291,000. SOIL CONSERVATION SERVICE FLOOD PREVENTION

For an additional amount for emergency measures for runoff retardation and soil-erosion prevention as provided by section 216 of the Flood Control Act of 1950, $900,000. ' ^ ' A G R I C U L T U R A L M A R K E T I N G SERVICE

64 Stat. i84. 33 USC 70 lb-1.

FOOD STAMP PROGRAM

For necessary expenses of the food stamp program pursuant to the Food Stamp Act of 1964, $25,000,000. FEDERAL CROP INSURANCE CORPORATION ADMINISTRATIVE AND OPERATING EXPENSES

For an additional amount for "Administrative and operating expenses", $250,000.

^m^' P- 703.

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[78 STAT.

RELATED AGENCIES NATIONAL COMMISSION ON FOOD MARKETING SALARIES AND EXPENSES

Ant^, p. 269.

For necessary expenses of the National Commission on Food M&rketing, established by Public Law 88-354, approved July 3, 1964, $700,000. CHAPTER II DEPARTMENT OF DEFENSE—MILITARY OPERATION AND MAINTENANCE, NAVY

Not to exceed $860,000 of this appropriation may be transferred to the appropriation "Salaries and expenses", Weather Bureau, Department of Commerce, fiscal year 1965 for the operation of ocean weather stations. OPERATION AND MAINTENANCE, A I R FORCE

Not to exceed $150,000 of this appropriation may be transferred to the appropriation "Salaries and expenses". Weather Bureau, Department of Commerce, fiscal year 1965 for the operation of the Marcus Island upper-air station. RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE AGENCIES

Not to exceed $990,000 of this appropriation may be transferred to the appropriation "Salaries and expenses". Coast and Geodetic Survey, Department of Commerce, fiscal year 1965 for the expenses of the Worldwide Seismological Network Program.

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]

PUBLIC LAW 88-635-OCT. 7, 1964

1025

CHAPTER III DISTRICT OF COLUMBIA (DISTRICT OF COLUMBIA FUNDS) OPERATING EXPENSES

General Operating Expenses For an additional amount for "General operating expenses", $42,100. Education For an additional amount for "Education", $181,800. Settlement of Claims and Suits For the payment of claims in excess of $250, approved by the Commissioners in accordance with the provisions of the Act of February 11, 1929, as amended (45 Stat. 1160; 46 Stat. 500; 65 Stat. 131), ^.c. code 1-902 $7,228. '° ^ ^• DIVISION OF EXPENSES

The sums appropriated in this title for the District of Columbia shall, unless otherwise specifically provided for, be paid out of the general fund of the District of Columbia, as defined in the District of Columbia Appropriation Act for the fiscal year involved. CHAPTER IV INDEPENDENT OFFICES GENERAL SERVICES

ADMINISTRATION

CONSTRUCTION, PUBLIC BUILDINGS PROJECTS

The maximum construction improvement cost in the Independent Offices Appropriation Act, 1963, for construction and alteration of the border station at Nogales, Arizona, is hereby increased by $282,000; and the maximum construction improvement cost in the Independent Offices Appropriation Act, 1964, of the post office and courthouse at Bangor, Maine, is hereby increased by $767,000, and

^e Stat. ne. ^^ ^*^*- '•^s-

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PUBLIC LAW 88-635-OCT. 7, 1964

[78 STAT.

the maximum construction improvement cost of the courthouse and Federal office building at New Albany, Indiana, is hereby increased by $166,600. NATIONAL HISTORICAL PUBLICATIONS GRANTS

For allocation to Federal agencies, and for grants to State and local agencies and nonprofit organizations and institutions, for the collecting, describing, preserving and compiling, and publishing of documentary sources significant to the history of the United States, $350,000, to remain available until expended. HOUSING AND H O M E FINANCE AGENCY OFFICE OF THE ADMINISTRATOR URBAN MASS TRANSPORTATION GRANTS

Ante, p. 302.

For grants as authorized by the Urban Mass Transportation Act of 1964 (78 Stat. 302), to remain available until expended, $60,000,000. U R B A N MASS TRANSPORTATION LOANS

For loans as authorized by section 3 of the Urban Mass Transportation Act of 1964 (78 Stat. 302), $5,000,000. ADMINISTRATIVE EXPENSES, U R B A N TRANSPORTATION ACTIVITIES

For necessary expenses to carry out the provisions of the Urban Mass Transportation Act of 1964 (78 Stat. 302), $187,500. U R B A N P L A N N I N G GRANTS

For an additional amount for "Urban planning grants", $11,325,000. LOW-INCOME HOUSING DEMONSTRATION PROGRAMS

75 stat^. 165. 42 us 1436.

For low-income housing demonstration programs pursuant to section 207 of the Housing Act of 1961, as amended, $1,250,000 '.Provided, That not to exceed $20,000 may be available for administrative expenses, but no part of this appropriation shall be available for administrative expenses in connection with contracts to make grants in excess of the amount herein appropriated therefor. PUBLIC WORKS P L A N N I N G F U N D

For an additional amount for "Public works planning fund", $10,000,000. LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL NATIONAL MORTGAGE ASSOCIATION

I n addition to the amount otherwise available for administrative expenses of the Federal National Mortgage Association for the current fiscal year, not to exceed $100,000 shall be available for such expenses. NATIONAL COMMISSION ON TECHNOLOGY, AUTOMATION, AND ECONOMIC PROGRESS

Ante. p. 462.

For expenses necessary to carry out the provisions of the Act of August 19, 1964 (78 Stat. 462), establishing the National Commission on Technology, Automation, and Economic Progress, $825,000, to remain available until January 31, 1966.

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PUBLIC LAW 88-635-OCT. 7, 1964

1027

SELECTIVE SERVICE SYSTEM SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses", $6,500,000, of which not to exceed $2,000,000 may be used for additional personnel. SECURITIES AND EXCHANGE COMMISSION SALARIES AND EXPENSES

For an addition?il amount for "Salaries and expenses", $150,000. CHAPTER V DEPARTMENT OF THE INTERIOR OFFICE OF WATER RESOURCES RESEARCH SALARIES AND EXPENSES

For expenses necessary in carrying out the provisions of the Water Resources Research Act of 1964 (Public Law 88-379, approved July 17, 1964), including services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a) when authorized by the Secretary, at rates not to exceed $75 per diem for individuals, and hire of passenger motor vehicles, $1,465,000.

^"*'' ^' ^^^' ^° ^'^'- «i°-

BUREAU OF COMMERCIAL FISHERIES LIMITATION ON ADMINISTRATIVE EXPENSES, FISHERIES LOAN FUND

During the current fiscal year, an additional amount of not to exceed $25,000 shall be available in the Fisheries Loan Fund for administrative expenses. CONSTRUCTION OF FISHING VESSELS

For expenses necessary to carry out the provisions of the Act of June 12, 1960 (74 Stat. 212), as amended by the Act of August 30, ^^\l^^^ ^^^o^" 1964 (78 Stat. 614), to assist in the construction of fishing vessels, Ante p. 6i4 $2,500,000. BUREAU OF SPORT FISHERIES AND WILDLIFE MANAGEMENT AND INVESTIGATIONS OF RESOURCES

For an additional amount for "Management and investigations of resources", $1,050,000. CONSTRUCTION

For an additional amount for "Construction", $1,041,600. NATIONAL PARK SERVICE MANAGEMENT AND PROTECTION

For an additional amount for "Management and protection", for the United States' share of the expenses of the Roosevelt Campobello International P a r k Commission, as authorized by Public Law 88-363 (78 Stat. 299), $155,000, to remain available until expended.

^"'«' P- ^-'^-

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