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 480

Motor v e h i c l e hire.

T r a v e l expenses.

C i v i l i a n clothing.

Defense contracts. Advertising c o s t s, prohibition.

Facilities, maintenance and repair.

Transfer of funds, authority.

Report to cong r e s s i o n a l committees. Contract payments in foreign countries.

PUBLIC LAW 88-446-AUG. 19, 1964

[78 STAT.

ment, performance characteristics for aircraft to be used based upon modern aircraft operated by the civil air fleet. SEC. 531. Not to exceed $11,800,000 of the funds made available in this Act for the purpose shall be available for the hire of motor vehicles: Provided, That the Secretary of Defense, under circumstances where the immediate movement of persons is imperative, may, if he deems it to be in the national interest, hire motor vehicles for such purpose v^ithout regard to this limitation. SEC. 532. Not less than $7,500,000 of the funds made available in this Act for travel expenses in connection with temporary duty and permanent change of station of civilian and military personnel of the Department of Defense shall be available only for the procurement of commercial passenger sea transportation service on American-flag vessels. SEC. 533. During the current fiscal year, appropriations available to the Department of Defense for operation may be used for civilian clothing, not to exceed $40 in cost for enlisted personnel: (1) discharged for misconduct, unfitness, unsuitability, or otherwise than honorably; (2) sentenced by a civil court to confinement in a civil prison or interned or discharged as an alien enemy; (3) discharged prior to completion of recruit training under honorable conditions for dependency, hardship, minority, disability, or for the convenience of the Government. SEC. 534. No part of the funds appropriated herein shall be available for paying the costs of advertising by any defense contractor, except advertising for which payment is made from profits, and such advertising shall not be considered a part of any defense contract cost. The prohibition contained in this section shall not apply with respect to advertising conducted by any such contractor, in compliance with regulations which shall be promulgated by the Secretary of Defense, solely for (1) the recruitment by that contractor of personnel required for the performance by the contractor of obligations, arising under a defense contract, (2) the procurement of scarce items required by the contractor for the performance of a defense contract, or (3) the disposal of scrap or surplus materials acquired by the contractor in the performance of a defense contract. SEC. 535. Funds appropriated in this Act for maintenance and repair of facilities and installations shall not be available for acquisition of new facilities, or alteration, expansion, extension, or addition of existing facilities, as defined in Department of Defense Directive 7040.2, dated January 18, 1961, in excess of $25,000: Provided, That the Secretary of Defense may amend or change the said directive during the current fiscal year, consistent with the purpose of this section. SEC. 536. During the current fiscal year, the Secretary of Defense may, if he deems it vital to the security of the United States and in the national interest to further improve the readiness of the Armed Forces, including the reserve components, transfer under the authority and terms of the Emergency Fund an additional $200,000,000: Provided, That the transfer authority made available under the terms of the Emergency Fund appropriation contained in this Act is hereby broadened to meet the requirements of this section: Provided further, That the Secretary of Defense shall notify the Appropriations Committees of the Congress promptly of all transfers made pursuant to this authority. SEC. 537. None of the funds appropriated in this Act may be used to make payments under contracts for any program, project, or activity in a foreign country unless the Secretary of Defense or his designee, after consultation with the Secretary of the Treasury or his designee,

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PUBLIC LAW 88-447-AUG. 19, 1964

certifies to the Congress that the use, by purchase from the Treasury, of currencies of such country acquired pursuant to hiw is not feasible for the purpose, stating the reason therefor. SEC. 588. None of the funds provided herein shall be used to pay any recipient of a grant for the conduct of a research project an amount for iudirect expenses in connection with such project in excess of 20 per centum of the direct costs. SEC. 589. Of the funds made available in this Act for repair, alteration, and conversion of naval vessels, at least 35 per centum shall be available for such repair, alteration, and conversion in privately owned shipyards: Provided, That if determined by the Secretary of Defense to be inconsistent with the public interest based on urgency of requirement to have such vessels repaired, altered, or converted as required above, such work may be done in Navy or private shipyards as he may direct. SEC. 540. None of the funds appropriated 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 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. 541. This Act may be cited as the "Department of Defense Appropriation Act, 1965.'' Approved August 19, 1964.

481

R e s e a r c h proje c t s, indirect expenses.

Use of p r i v a t e l y owned s h i p y a r d s.

Restriction.

Short title.

Public Law 88-447 AN ACT To provide for the settlement of claims of certain inhabitants of the United States living in the area inundated by the sudden floods of the Rio Grande as a result of the construction of the Falcon Dam, and for other purposes. Be it enacted by the Senate and Houm of Representatives of the United States of America in Congress assembled, That the United States Commissioner on the International Boundary and Water Commission United States and Mexico (hereafter in this Act referred to as the "(Commissioner'') shall have jurisdiction to receive, adjudicate, and provide for the payment of any claim, which claim is not compensated for by insurance or otherwise, (1) by any person or his heirs at law against the United States for damage to or loss of personal property sustained on or after August 27, 1953, and before September 1, 1954, by reason of the sudden floods of the Rio Grande resulting from tl\o construction of the Falcon Dam pursuant to a treaty between the United States and the Republic of Mexico, (2) by any welfare agency or municipal corporation or other political subdivision of the State of Texas, for actual expenses incurred on account of assistance rendered in the emergency relocation of any person or his personal property by reason of those floods, or (3) by any person against the United States for actual expenses incurred by him in the process and as a direct result of moving himself, his family, and their possessions, where such moving was made necessary by reason of the construction of such dam. In the consideration of claims filed under clause (1) of this section, the Commissioner shall take into account the difficulty to

August 19, 19 64 [H. R. 8999]

F a l c o n Dam, damage c l a i m s. Settlement.

59 Stat. 1219.

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Prohibition of certain claims.

Investigation, hearings, etc.

38 Stat. 722.

60 Stat. 809.

Adjudication.

Report to Congress.

PUBLIC LAW 88-447-AUG. 19, 1964

[78 STAT.

claimants of obtaining formal proof of all items of loss in claims presented to him, and shall not be bound by formal rules of evidence, but may rely on such presumptions and other methods of establishing losses as he may find to be equitable. SEC. 2. (a) The Commissioner shall receive claims for a period of twelve months from the date of enactment of this Act. All claims not presented within that time shall be forever barred. (b) The Commissioner shall not consider any claim— (1) for damage or loss on account of death or personal injury, personal inconvenience, physical hardship, or mental suffering; or (2) for loss of anticipated profits or loss of anticipated earnings. SEC. 8. (a) The (Commissioner shall give reasonable notice to the interested parties and an opportunity for them to be heard and to present evidence before making a final determination upon any claim. (b) For the purpose of any hearing or investigation authorized under this Act, the provisions of sections 9 and 10 (relating to examination of documentary evidence, attendance of witnesses, and production of books, papers, and documents) of the Federal Trade Commission Act of September 26, 1914, as amended (15 U.S.C. 49, 50), are hereby made applicable to the jurisdiction, powers, and duties of the (Commissioner. Subpenas may be served personally, by registered mail, by telegraph, or by leaving a copy thereof at the residence or principal place of business of the person required to be served. A verified return by the individual so serving the same, setting forth the manner of service, shall be proof of service. The United States niarshals or their deputies shall serve such process in their respective districts. (c) A written record shall be kept of all hearings and proceedings under this Act and shall be open to public inspection. (d) The provisions of section 10 of the Administrative Expenses Act of 1946 (5 U.S.C. 95a) shall apply with respect to witnesses summoned to attend any hearing or investigation authorized under this Act. SEC. 4. (a) The Commissioner shall adjudicate all claims filed under this Act by award or order of dismissal, as the case may be, upon written findings of fact and reasons for the decision. A copy of each such adjudication shall be mailed to the claimant or his attorney. (b) No payment of any award on a claim for moving expenses under section 1(3) of this Act to the owners and tenants or their heirs at law of any parcel of land shall exceed 25 per centum of its fair value, as determined by the court proceedings in eminent domain or the Commissioner in the event no court proceedings were had. I n any event, except for awards on claims by welfare agencies, municipal corporations, or other political subdivisions of the State of Texas, no payment of any award shall exceed $2,500 in amount. Subject to these limitations, the Commissioner may make payment of awards out of such funds as may be made available for this purpose by Congress. (c) On the first day of each regular session of Congress the Commissioner shall transmit to Congress a full and complete statement of all adjudications rendered under this Act during the previous year, stating the name and address of each claimant, the amount claimed, the amount awarded, the amount paid, and a brief synopsis of the facts in the case and the reasons for each adjudication.

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(d) The payment of an award shall be final and conclusive for all purposes, notwithstanding any other provision of the law to the contrary, and shall be a full discharge of the United States and all of its officers, agents, servants, and employees with respect to all claims arising out of the same subject matter. An order of dismissal against a claimant, unless set aside by the Commissioner, shall thereafter bar any further claim against the United States or any officer, agent, servant, or employee thereof arising out of the same subject matter. SEC. 5. The Commissioner shall complete the adjudication of claims and payment of awards pursuant to this Act not later than one year following the enactment of legislation making appropriations for the payment of awards and administrative expenses necessary for the settlement of claims. SEC. 6. The Commissioner, in rendering an award in favor of any claimant, may as a part of the award determine and allow reasonable attorneys' fees, which shall not exceed 10 per centum of the amount allowed, to be paid out of, but not in addition to, the amount of such award. Any attorney who charges, demands, receives, or collects for services rendered in connection with such claim any amount in excess of that limited by the terms of this section, if recovery be had, shall be guilty of a misdemeanor, and shall upon conviction thereof be subject to a fine of not more than $2,000, or imprisonment for not more than one year, or both. SEC. 7. For the purposes of this Act the Commissioner may— (1) employ and fix the compensation of such personnel as he deems advisable and necessary for the purpose of carrying out the provisions of this Act, without regard to the provisions of the civil service laws and Classification Act of 1949, as amended; (2) call upon any other Federal department or agency for any information or records necessary, and may utilize the services of experts from such Federal department or agency, on a reimbursable basis; (3) secure the cooperation of State and local agencies, governmental or otherwise, and reimburse such agencies for services rendered; (4) utilize such voluntary and uncompensated services as may from time to time be needed and available; (5) assist needy claimants in the preparation and filing of claims; (6) make such investigations as may be necessary; (7) make expenditures for witness fees and mileage and for other administrative expenses; (8) prescribe such rules and regulations, perform such acts not inconsistent with law, and delegate such authority as he may deem proper in carrying out the provisions of this Act. SEC. 8. There is authorized to be appropriated to the Department of State for use of the United States Section, International Boundary and Water Commission, United States and Mexico, such sums as may be necessary to carry out the provisions of this Act. Pending the appropriation of such funds, not to exceed $20,000 of funds appropriated for the construction of Falcon Dam shall be available for the payment of administrative costs of the claims program provided for in this Act. Approved August 19, 1964.

483

Time limitation.

Attorneys' fees.

Administrative authority.

Ante, p. 400.

Appropriation.

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PUBLIC LAW 88-448-AUG. 19, 1964

[78 STAT.

Public Law 88-448 August 19, 1964 [H. R. 7381]

Dual Compensation Act.

AN ACT To simplify, modernize, and consolidate the laws relating to the employment of civilians in more than one position and the laws concerning the civilian employment of retired members of the uniformed services, 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 "Dual Compensation Act". TITLE I—DEFINITIONS

76 Stat. 4 5 1.

SEC. 101. For the purposes of this Act and the amendments made by this Act— (1) "uniformed services", "armed forces", "Secretary concerned", "officer", "warrant officer", "grade", "active duty", "active service", and "member" have the definitions given them by section 101 of title 37, United States Code; (2) "a retired member of any of the uniformed services" means a member or former member of any of the uniformed services who is entitled, under any provision of law, to retired, retirement, or retainer pay on account of his service as such a member; (3) "civilian office" means a civilian office or position (including a temporary, part-time, or intermittent position), appointive or elective, in the legislative, executive, or judicial branch of the Government of the United States (including each corporation owned or controlled by such Government and including nonappropriated fund instrumentalities under the jurisdiction of the armed forces) or in the municipal government of the District of Columbia. TITLE II—EMPLOYMENT OF RETIRED MEMBERS OF UNIFORMED SERVICES

Retired pay, reduction.

77 Stat. 214. 10 USC 1401a.

72 Stat. 1106, 1118.

SEC. 201. (a) Except as provided by subsections (b), (c), and (e) of this section, a retired officer of any regular component of the uniformed services shall receive the full salary of any civilian office which he holds, but during a period for which he receives salary, his retired or retirement pay shall be reduced to an annual rate equal to the first $2,000 of such pay plus one-half of the remainder, if any. In the operation of the formula for reduction of such pay under this subsection, such amount of $2,000 shall be increased, from time to time, by appropriate percentage, in direct proportion to each increase in such pay effected pursuant to the provisions of section 1401a(b) of title 10, United States Code, to reflect changes in the Consumer Price Index. (b) The reduction in retired or retirement pay required by subsection (a) of this section shall not apply to a retired officer of any regular component of the uniformed services whose retirement was based on disability (1) resulting from injury or disease received in line of duty as a direct result of armed conflict or (2) caused by an instrumentality of war and incurred in line of duty during a period of war (as defined in sections 101 and 301 of title 38, United States Code). (c) The reduction in retired or retirement pay required by subsection (a) of this section shall not apply to a retired officer of any regular component of the uniformed services employed on a temporary (full-time or part-time) basis, any other part-time basis, or any inter-

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PUBLIC LAW 88-448-AUG. 19, 1964

mittent basis, for the first thirty-day period for which he receives salary. The exemption from reduction in retired or retirement pay provided by this subsection shall not apply to a period longer than— (1) the first thirty-day period for which he receives salary under any one appointment from the civilian office in which he is employed, if he is serving under not more than one appointment, and (2) the first period for which he receives salary under more than one appointment, in any fiscal year, which consists in the aggregate of thirty days, from all civilian offices in which he is employed, if he is serving under more than one appointment in such fiscal year. (d) For the purposes of subsections (a) and (c) of this section, "period for which he receives salary" means the full calendar period for which he receives salary when employed on a full-time basis but only the days for which he actually receives salary when employed on a part-time or intermittent basis. ^f^) Except as otherwise provided in this subsection, the United States Civil Service Commission, subject to the supervision and control of the President, is authorized to prescribe and issue regulations under which exceptions may be made to the restrictions in subsection (a) of this section whenever it is determined by appropriate authority that such exceptions are warranted on the basis of special or emergency employment needs which otherwise cannot be readily met. The President of the Senate with respect to the United States Senate, the Speaker of the House of Representatives with respect to the United States House of Representatives, and the Architect of the Capitol 'with respect to the Office of the Architect of the Capitol each is authorized to provide for a means by which exceptions may be made to the restrictions in subsection (a) of this section whenever he determines that such exceptions are warranted on the basis of special or emergency employment needs which otherwise cannot be readily met. The Administrator of the National Aeronautics and Space Administration is authorized to except, at any time, any individual in a scientific, engineering, or administrative position appointed pursuant to clause (A) of section 203(b)(2) of the National Aeronautics and Space Act of 1958, as amended (42 U.S.C. 2 4 7 3 (b)(2)(A)), from the restrictions in subsection (a) of this section, whenever the Administrator determines that such exception is warranted on the basis of special or emergency employment needs which otherwise cannot be readily met; but not more than thirty such exceptions may exist at any one time under such authority. (f) Notwithstanding subsection (a) of this section, a retired officer of any regular component of the uniformed services who was employed in a civilian office on the day immediately preceding the effective date of this subsection— (1) if, on such immediately preceding day, he was exempt from limitations on compensation, may elect (A) to remain subject to and continue under such exemption or (B) to be subject to applicable limitations and exemptions of subsections (a), (b), (c), and (e) of this section; or (2) if, on such immediately preceding day, he was subject to limitations on compensation, may elect (A) to remain subject to and continue under such limitations, or (B) to be subject to applicable limitations and exemptions of subsections (a), (b), (c), and (e) of this section. Such election is irrevocable and shall be filed with the department concerned not later than the ninetieth day after the effective date of this subsection. Any such retired officer who does not file such elec-

485

Definition.

Restrictions, exceptions.

Ante, p. 429.

X

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486

Reserve officers. 61 Stat. 906; 70A Stat. 677.

Poat, p. 494.

Post,

p. 492.

Veterans' retention rights, restriction. 58 Stat. 390.

72 Stat. 1106, 1118.

Service computation.

[78 STAT.

tion within the prescribed period shall be held and considered to have elected to remain in the status which he occupies, on such immediately preceding day, with respect to limitations on compensation, or exemptions therefrom, as the case may be. In the event of any appointment, reinstatement, or reemployment of such retired officer which is made after such effective date and follows a break in service of more than thirty days, such retired officer shall be subject to applicable limitations and exemptions of subsections (a), (b), (c), and (e) of this section. (g) A member of any of the uniformed services, serving in the Army or Air Force of the United States without component, under an appointment made under section 515 of the Officer Personnel Act of 1947, in a temporary grade higher than, or the same as, the reserve commission he then held, who, prior to the effective date prescribed by section 403(a) of this Act, was retired for physical disability in such temporary grade, shall not be considered as subject to the restriction on the concurrent receipt of civilian compensation and retired pay contained in section 212 of the Act of June 30, 1932, as amended (5 U.S.C. 59a), for any period following such retirement. (h) A nonre^ular member of any of the armed forces, who served on active duty m a temporary warrant officer grade and who was retired in that status prior to the effective date prescribed by section 403(a) of this Act, shall not be considered as subject to the restriction in section 2 of the Act of July 31, 1894, as amended (5 U.S.C. 62), for any period following such retirement. SEC. 202. Section 12 of the Veterans' Preference Act of 1944, as amended (5 U.S.C. 861), is amended-;(1) by inserting " (a) " immediately following "SEC. 12."; (2) by inserting ", subject to subsection (c) of this section," immediately after the word " That " in the first proviso thereof; (3) by inserting "(subject to subsection (b) of this section)" immediately after "military preference"; and (4) by adding at the end thereof the following new subsections: " (b) Notwithstanding any other provision of this Act, an employee who is a retired member of any of the uniformed services included under section 2 of this Act shall be considered a preference employee for the purposes of subsection (a) of this section only if— "(1) his retirement was based on disability (A) resulting from injury or disease received in line of duty as a direct result of armed conflict or (B) caused by an instrumentality of war and incurred in the line of duty during a period of war (as defined in sections 101 and 301 of title 38, United States Code); or " (2) his service does not include twenty or more years of fulltime active service (regardless of when performed but not including periods of active duty for t r a i n i n g); or "(3) immediately prior to the effective date of this subsection, he was employed in a civilian office to which this Act applies and, on and after such date, he continues to be employed in any such office without a break in service of more than thirty days. "(c) I n computing length of total service, an employee who is a retired member of any of the uniformed services shall be given credit for— "(1) the length of time in active service in the armed forces during any war, or in any campaign or expedition (for which a campaign badge has been authorized); or "(2) if he is included under clause (1), (2), or (3) of subsection (b) of this section, the total length of time in active service in the armed forces."

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PUBLIC LAW 88-448-AUG. 19, 1%4

SEC. 203. The last two sentences of section 203(a) of the Annual and Sick Leave Act of 1951 (5 U.S.C. 2062(a)) are amended to read as follows: "Except as otherwise provided in this subsection, in determining years of service for the purposes of this subsection, there shall be included all service creditable under the provisions of section 3 of the Civil Service Retirement Act for the purposes of an annuity under such Act and the determination of the period of service rendered m a j be made upon the basis of an affidavit of the employee. Active military service of a retired member of any of the uniformed services is not creditable in determining years of service for the purpose of this subsection unless— "(1) his retirement was based on disability (A) resulting from injury or disease received in line of duty as a direct result of armed conflict or (B) caused by an instrumentality of war and incurred in the line of duty during a period of war (as defined in sections 101 and 301 of title 38, United States Code); or "(2) immediately prior to the effective date of this sentence, he was employed in a civilian office to which this Act applies and, on and after such date, he continued to be employed in any such office without a break in service of more than thirty days; or "(3) such service was performed in the armed forces during any war, or in any campaign or expedition (for which a campaign badge has been authorized). In the case of an officer or employee who is not paid on the basis of biweekly pay periods, the leave provided W this title shall accrue on the same basis as it would accrue if such officer or employee were paid on the basis of biweekly pay periods.". SEC. 204. (a) A retired member of any of the armed forces may be appointed to serve in a civilian office in or under the Department of Defense during the period of one hundred and eighty days immediately following his retirement only if— (1) the proposed appointment is authorized by the Secretary concerned (or his designee for the purpose), and, if such civilian office is in the competitive civil service, after approval by the United States Civil Service Commission; or (2) the minimum rates of basic compensation for such civilian office have been increased under authority of section 504 of the Federal Salary Reform Act of 1962 (5 U.S.C. 1173); or (3) a state of national emergency exists. (b) A request by appropriate authority for the authorization, or the authorization and approval, as the case may be, required by subsection (a)(1) of this section shall be accompanied by a statement which shows the actions taken to assure that— (1) full consideration, in accordance with placement and promotion procedures of the department concerned, was given to eligible career employees; and (2) when selection is by other than certification from an established civil service register, the vacancy has been publicized to give all interested candidates an opportunity to apply; and (3) qualification requirements for the position have not been written in a manner designed to give advantage to such retired member; and (4) the position has not been held open pending the retirement of such retired member. 31-667 0-65—34

487 3"^"""^^ ^^^''^ ^""ersStat. 679.

l^jfsc^os^'

i^W^'^'- ^^°^'

^ ^oin"men?r^*' conditions. ^'

^e Stat. 842.

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 488 P r e s i d e n t i a l report to C o n g r e s s.

PUBLIC LAW 88-448-AUG. 19, 1964

[78 STAT.

SEC. 205. The President shall transmit to the Congress on or before January 1, 1966, a comprehensive report of the operations under this title of the departments and agencies in the executive branch. TITLE III — L I M I T A T I O N ON D U A L C O M P E N S A T I O N FKOM MORE THAN ONE CIVILIAN OFFICE

Restrictions, exceptions.

Exemptions.

SEC. 301. (a) Except as provided by subsections (b), (c), (d), and (e) of this section, civilian personnel shall not be entitled to receive basic compensation from more than one civilian office for more than an aggregate of forty hours of work in any one calendar week (Sunday through Saturday). (b) Except as otherwise provided by subsection (c) of this section, the United States Civil Service Commission, subject to the supervision and control of the President^ is authorized to prescribe and issue regulations under which exceptions may be made to the restrictions in subsection (a) of this section whenever it is determined by appropriate authority that such exceptions are warranted on the ground that personal services otherwise cannot be readily obtained. (c) Unless otherwise authorized by law, no money appropriated by any Act shall be available for payment to any person of salary from more than one civilian office if the aggregate amount of the basic compensation from such offices exceeds the sum of $2,000 per annum, and if (1) one of such salaries is disbursed by the Secretary of the Senate or the Clerk of the House of Representatives or (2) one of such offices is under the Office of the Architect of the Capitol. (d) Subsection (a) of this section does not apply to— (1) compensation on a when-actually-employed basis received from more than one consultant or expert position if such compensation is not received for the same nours of the same day | (2) compensation consisting of fees paid on other than a time basis; (3) compensation received by teachers of the public schools of the District of Columbia for employment in a civilian office during the summer vacation period; (4) compensation paid by the Tennessee Valley Authority to employees performing part-time or intermittent work in addition to their normal duties when the Authority deems it to be in the interest of efficiency and economy; (5) compensation received by any person holding an office or position the compensation for which is disbursed by the Secretary of the Senate or the Clerk of the House of Representatives or any office or position under the Architect of the Capitol; (6) compensation paid by the United States Coast Guard to employees occupying part-time positions of lamplighters; and (7) compensation within the purview of any of the following provisions of law: (A) section 9 of the Act of October 6, 1917 (40 Stat. 384; D.C. Code, sec. 31-631), relating to teachers m the public schools of the District of Columbia who also are employed in night schools and vacation schools; (B) section 6 of the Act of March 3, 1925 (43 Stat. 1108), as amended by the Act of January 27, 1926 (44 Stat. 2),

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489

relating to employees of the Library of Congress (2 U.S.C. 162;5 U.S.C.60); (C) the Act of July 1, 1942 (56 Stat. 467; D.C. Code, sec. 31-631a), relating to custodial employees of the Board of Education of the District of Columbia; (D) section 2 of the Act of July 22, 1947, as amended (61 Stat. 400, 74 Stat. 11; 33 U.S.C. 873), relating to extra compensation paid in connection with instrument observation or recording, the observation of tides or currents, or the tending of seismographs or magnetographs; (E) section 3 of the Act of June 2, 1948, as amended (62 Stat. 286, 74 Stat. 11; 15 U.S.C. 327), relating to extra compensation paid in connection with the taking and transmitting of meteorological observations; (F) section 10(b) of the Defense Department Overseas Teachers Pay and Personnel Practices Act (73 Stat. 217; 5 U.S.C. 2358(b)), relating to the compensation of certain teachers employed in another position in recess periods; (G) section 102 of chapter 7 of title 2, Canal Zone Code (76A Stat. 15), relating to teachers in the public schools of the Canal Zone who also are employed in night schools or in vacation schools or programs; (H) section 23(b) of title 13, United States Code, relating 74 Stat. 9 1 1. to the payment of compensation to employees for the field work of the Bureau of the Census, Department of Commerce; or (I) subsection (a) or (c) of section 3335 of title 39, United States Code, relating to dual employment and extra duties in 74 Stat. 612. the postal field service. (e) With respect to the compensation of persons serving on the effective date of this section in more than one position under properly authorized appointments, subsection (a) of this section shall not apply for the duration of the appointment or appointments concerned. (f) This title shall not be applicable to persons employed under the joint resolution approved July 6, 1961 (75 Stat. 199; Public Law 8782), or under section 208 of the First Supplemental Civil Functions / ^ use i74jAppropriation Act, 1941 (54 Stat. 1056; Public Law 812, 76th Con' 40 USC 174k. gress). TITLE IV—MISCELLANEOUS PROVISIONS SEC. 401. (a) Section 18 of the Act of December 20, 1944, as added by section 2 of the Act of August 19, 1950 (64 Stat. 466; D.C. Code, sec. 2-1226), is amended by inserting immediately before the period at the end thereof a comma and the following: "subject to section 201 of the Dual Compensation Act". (b) The second paragraph of section 2 of the Act of August 11, 1950 (64 Stat. 438; D.C. Code, sec. 6-1202), is amended to read as follows: "Notwithstanding the limitation of any law, there may be employed in such OiRce of Civil Defense any person who has been retired from any of the uniformed services of the United States or any office or position in the Federal or District governments, and except as hereinafter provided, while so employed in such Office of Civil De-

Ante, p. 484.

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Ante, p. 484.

Po^t. p. 494.

PUBLIC LAW 88-448-AUG. 19, 1964

[78 STAT.

fense any such retired person may receive the compensation authorized for such employment or the retirement compensation or annuity, whichever he may elect, and upon the termination of such employment, he shall be restored to the same status as a retired officer or employee with the same retirement compensation or annuity to which he was entitled before having been employed in such Office of Civil Defense. While any person who has been retired from any of the uniformed services of the United States is so employed in such Office of Civil Defense, he may receive the compensation authorized for such employment and his retired or retirement pay, subject to section 201 of th^ Dual Compeusation Act." (c) Section 13(b) of the Peace Corps Act (75 Stat. 619; 22 U.S.C. 2512(b)) is amended— (1) by striking out "section 212 of the Act of June 30, 1932, as amended (5 U.S.C. 59a),"; and (2) by inserting immediately before the period at the end thereof a comma and the following: "subject to section 201 of the Dual Compensation Act". (d) Section 44 of the Arms Control and Disarmament Act (75 Stat. 636; 22 U.S.C. 2584) is amended— (1) by striking out "section 212 of the Act of June 30, 1932, as amended (5 U.S.C. 59a),"; and (2) by inserting immediately before the period at the end thereof a comma and the following: "subject to section 201 of the Dual Compensation Act". (e) Section 626(b) of part III of the Act entitled "An Act to promote the foreign policy, security, and general welfare of the United States by assisting peoples of the world in their efforts toward economic development and internal and external security, and for other purposes", approved September 4, 1961 (75 Stat. 451; 22 U.S.C. 2386(b)), is amended— (1) by striking out "section 212 of Public Law 72-212, as amended (5 U.S.C. 59a),"; and (2) by inserting immediately before the period at the end thereof a comma and the following: "subject to section 201 of the Dual Compensation Act". (f) Section 28 of the Atomic Energy Act of 1954 (68 Stat. 926; 42 U.S.C. 2038) is amended by striking out "Any such officer serving as Chairman of the Military Liaison Committee shall receive, in addition to his pay and allowances, including special and incentive pays, or in addition to his retired pay, an amount equal to the difference between such pay and allowances, including special and incentive pays, or between his retired pay, and the compensation prescribed for the Chairman of the Military Liaison Committee." and inserting in lieu thereof the following: "Any such active officer serving as Chairman of the Military Liaison Committee shall receive, in addition to his pay and allowances, including special and incentive pays, an amount equal to the difference between such pay and allowances, including special and incentive pays, and the compensation fixed for such Chairman. Any such retired officer serving as Chairman of the Military Liaison Committee shall receive the compensation fixed for such Chairman and his retired pay, subject to section 201 of the Dual Compensation Act." (g) Section 204(d) of the National Aeronautics and Space Act of 1958 (72 Stat. 432; 42 U.S.C. 2474(d)) is amended by striking out "The compensation received by any such officer for his service as Chairman of the Liaison Committee shall be equal to the amount (if any) by which the compensation fixed by subsection (a)(1) for such Cnairman exceeds his pay and allowances (including special

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and incentive pays) as an active officer, or his retired pay." and inserting in lieu thereof "Any such active officer serving as Chairman of the Liaison Committee shall receive, in addition to his pay and allowances, including special and incentive pays, an amount equal to the difference between such pay and allowances, including special and incentive pays, and the compensation fixed by subsection (a)(1) for such Chairman. Any such retired officer serving as Chairman of the Liaison Committee shall receive the compensation fixed by subsection (a)(1) for such Chairman and his retired pay, subject to section 201 of the Dual Compensation Act." (h) Section 3(b)(1) of the Act of August 28, 1958 (72 Stat. 1091; Public Law 85-850), is amended to read as follows: " (1) One member, who shall serve as Chairman, and who shall be a resident from the area comprising the Savannah, Altamaha, Saint Marys, Apalachicola-Chattahoochee, and Perdido-Escambia Eiver Basins (and intervening areas) embraced within the States referred to m the first section of this Act and who shall not, during the period of his service on the Commission, hold any other position as an officer or employee of the United States, exc ^ t that a retired military officer or a retired Federal civilian officer or employee may be appointed under this Act without prejudice to his retired status. A retired Federal civilian officer or employee appointed under this Act shall receive compensation as authorized herein in addition to his annuity, but the sum of his annuity and such compensation as may b© payable hereunder shall not exceed $12,000 in any one calendar year. A retired military officer appointed under this Act shall receive compensation as authorized herein and his retired pay, subject to section 201 of the Dual Compensation Act;". (i) Section 9 of the Act of October 6, 1917 (40 Stat. 384; D.C. Code, sec. 31-631), is amended by striking out "That section six of the legislative, executive, and judicial appropriation Act, approved May tenth, nineteen hundred and sixteen, as amended by the naval appropriation Act, approved August twenty-ninth, nineteen hundred and sixteen," and inserting in lieu thereof "Section 301 of the Dual Compensation Act".

(j) Section 6 of the Act of March 3, 1925, as amended by the Act of January 27, 1926 (43 Stat. 1108, 44 Stat. 2; 2 U.S.C. 162, 5 U.S.C. 60), is amended by striking out "nor shall any additional compensation so paid to such employees be construed as a double salary under the provisions of section 6 of the Act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June 30, 1917, as amended (Thirty-ninth Statutes at Large, page 582)." and inserting in lieu thereof "and section 301 of the Dual Compensation Act shall not apply to any additional compensation so paid to such employees." (k) The Act of July 1, 1942 (56 Stat. 467; D.C. Code, sec. 31-631a), is amended by striking out "That section 6 of the Act entitled 'An Act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June 30, 1917', approved May 10, 1916 (39th Stat. 120), and Acts amendatory thereto," and inserting in lieu thereof "That section 301 of the Dual Compensation Act". (1) Section 2 of the Act of July 22, 1947, as amended (61 Stat. 400, 74 Stat. 11; 33 U.S.C. 873), is amended by inserting immediately before the period at the end thereof the following: "and without regard to section 301 of the Dual Compensation Act". (m) Section 3 of the Act of June 2, 1948, as amended (62 Stat. 286, 74 Stat. 11; 15 U.S.C. 327), is amended by inserting immediately before the period at the end thereof the following: "without regard to section 301 of the Dual Compensation Act".

491

^"fe, p. 484.

^°»'' P* '^^^• Ante. p. 488.

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Ante, p. 488.

74 Stat. 911.

74 Stat. 612. Repeals.

PUBLIC LAW 88-448-AUG. 19, 1964

[78 STAT.

(n) Section 10(b) of the Defense Department Overseas Teachers Pay and Personnel Practices Act (73 Stat. 217; 5 U.S.C. 2358(b)) is amended by striking out "section 2 of the Act of July 31, 1894 (5 U.S.C. 62), relative to the holding of more than one office, section 6 of the Act of May 10, 1916 (5 U.S.C. 58 and 59), relative to double salaries, and any other law relating to the receipt of more than one salary or the holding of more than one office" and inserting in lieu thereof "section 301 of the Dual Compensation Act". (0) Section 102 of chapter 7 of title 2, Canal Zone Code (76A Stat. 15), is amended by striking out "Section 2 of the Legislative, Executive, and Judicial Appropriation Act, approved July 31, 1894, as amended (28 Stat. 205; 5 U.S.C. sec. 62), and section 6 of the Legislative, Executive, and Judicial Appropriation Act, approved May 10, 1916, as amended (39 Stat. 120; 5 U.S.C. sec. 58), do" and inserting in lieu thereof "Section 301 of the Dual Compensation Act does". (p) Section 23(b) of title 13, United States Code, is amended by inserting immediately before the period at the end thereof the following: "without regard to section 301 of the Dual Compensation Act", (q) Subsections (a) and (c) of section 3335 of title 39, United States Codc, each are amended by striking out "sections 58, 62, 69, and 70 of title 5" and inserting in lieu thereof "sections 69 and 70 of title 5 and section 301 of the Dual Compensation Act". gj,^^ ^Q2 (^^^ 'pj^g following laws and parts of laws are hereby repealed: (1) Section 1763 of the Revised Statutes (5 U.S.C. 58), relating to the receipt of compensation from more than one office. (2) Section 2074 of the Revised Statutes (25 U.S.C. 50), prohibiting the holding of more than one office at the same time under title X X VIII of the Revised Statutes. (3) Section 4395 of the Revised Statutes as amended by the Act of January 20, 1888 (25 Stat. 1), providing for the appointment of a Commissioner of Fish and Fisheries who shall not hold any other office. (4) The Act of July 2, 1882 (22 Stat. 176), authorizing additional pay or compensation for Government employees engaged in cataloging Government publications at the direction of the Joint Committee on Printing. (5) The sentence in the Act of February 25, 1885 (23 Stat. 329), which reads as follows: "And hereafter no consul or consul-general shall be entitled to or allowed any part of any salary appropriated for payment of a secretary or second secretary of legation or an interpreter." (6) Joint Resolution Numbered 3 of February 5, 1889 (25 Stat. 1019), authorizing the President to appoint an officer of the United States Coast and Geodetic Survey as a delegate to the International Geodetic Association to serve without extra salary or additional compensation. (7) Section 2 of the Act of July 31, 1894 (28 Stat. 205), as amended by the Act of May 31, 1924 (43 Stat. 245), by section 6 of the Act of July 30, 1937 (50 Stat. 549), and by the Act of June 25, 1938 (52 Stat. 1194), relating to the holding of two offices (5 U.S.C. 62). (8) The paragraph in the Act of February 20, 1895 (28 Stat. 676), )roviding for the compensation of members of a commission estabished to recommend the location of a certain building, which reads as follows: "The compensation of said commissioners shall be fixed by the Secretary of the Treasury, but the same shall not exceed six dollars per day and actual traveling expenses: Provided, however, That the

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member of said commission appointed from the Treasury Department shall be paid only his actual traveling expenses." (9) Section 7 of the Act of June 3, 1896 (29 Stat. 235; 5 U.S.C. 63), relating to the employment of retired officers of the Army and Navy in connection with river and harbor improvements. (10) Section 7 of the Act of June 28, 1902 (32 Stat. 483), relating to the appointment and compensation of certain officers employed under such Act. (11) The paragraph of the Act of March 4, 1909 (35 Stat. 931), relating to the pay of retired Army and Navy officers and enlisted men then in the employ of the Isthmian Canal Commission, which reads as follows: "Authority is hereby granted for the payment of salaries and wages accrued or hereafter earned of retired army and navy officers and enlisted men now in the employment of the Isthmian Canal Commission, in addition to their retired pay, where their compensation under such employment does not exceed two thousand five hundred dollars per annum." (12) The second paragraph under the center heading " THE ISTHMIAN CANAL" with the side heading "National Waterways Commission:" in the Act of August 5, 1909 (36 Stat. 130), authorizing the National Waterways Commission to pay not to exceed three officers or employees of the Government without regard to the Act of July 31, 1894, and other laws. (13) Section 12 of the Act of August 20, 1912 (37 Stat. 319; 7 U.S.C. 165), relating to the appointment of members of a Federal Horticultural Board from among employees of the Department of Agriculture. (14) Section 6 of the Act of May 10, 1916 (39 Stat. 120; 5 U.S.C. 58), as amended by the Act of August 29, 1916 (39 Stat. 582; 5 U.S.C. 59), relating to double salaries. (15) Section 8 of the Act of March 21, 1918 (40 Stat. 455-456), authorizing the President to avail himself of the assistance of Government employees in the operation of transportation facilities taken over by the President. (16) Sections 3 and 4 of the W a r Finance Corporation Act (40 Stat. 507; 15 U.S.C. 333, 334), authorizing the appointment of Government employees to membership on the Board of Directors of the W a r Finance Corporation and providing for their compensation. (17) The last paragraph under the. heading "DISTRICT OF COLUMBIA" and under the subheading "PUBLIC SCHOOLS" contained in the first section of the Act of July 8, 1918 (40 Stat. 823; D.C. Code, sec. 31-631), relating to the application of section 6 of the Act of May 10, 1916, to employees of the community center department of the public schools of the District of Columbia. (18) The ninth paragraph under the heading "DISTRICT OF COLUMBIA" and under the subheading "PUBLIC SCHOOLS" contained in the first section of the Third Deficiency Act, fiscal year 1920 (41 Stat. 1017; D.C. Code, sec. 31-631), relating to the application of section 6 of the Act of May 10, 1916, to employees of the school garden department of the public schools of the District of Columbia. (19) That part of the proviso contained in the paragraph under the heading "BUREAU OF THE BUDGET" in the Act of February 17, 1922

(42 Stat. 373; 5 U.S.C. 64), relating to the application of section 2 of the Act of July 31, 1894, to retired officers of the Army, Navy, Marine Corps, or Coast Guard appointed to certain offices in the Bureau of the Budget, which reads as follows: '"''Provided, That section 2 of the Act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal.year ending

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 494 Ante, p. 49 2.

31 USC le'

62 Stat. 197.

PUBLIC LAW 88-448-AUG. 19, 1964

[78 STAT.

j^y^Q 39^ 1895, and for other purposes, approved July 31, 1894, shall not be construed as having application to retired officers of the Army, Xavy, Marine Corps, or Coast Guard who may be appointed to the offices created by section 207 of the Budget and Accounting Act, 1921, approved June 10, 1921, within the meaning of precluding payment to such officers of the difference in pay prescribed for such offices and their retired pay;". (20) Section 212 of the Act of June 30, 1932 (47 Stat. 406), as amended by section 3 of the Act of July 15, 1940 (54 Stat. 761), by the Act of February 20, 1954 (68 Stat. 18), by section 2 of the Act of August 4, 1955 (69 Stat. 498), by section 2201 (11) of the Act of June 17, 1957 (71 Stat. 158), and by section 13(d) of the Act of September 2, 1958 (72 Stat. 1264), relating to the limitation on the amount of retired pay received for commissioned officer service when combined with Government civilian salary (5 U.S.C. 59a). (21) The Act of September 13, 1940 (54 Stat. 885), authorizing Jesse H. Jones, Federal Loan Administrator, to exercise the duties of the Office of Secretary of Commerce. (22) The Act of March 29, 1945 (59 Stat. 38), authorizing the Doorkeeper of the House of Representatives during the Seventy-ninth Congress to employ Government employees for folding speeches and pamphlets. (23) The Act of August 10, 1946 (60 Stat. 978), as amended by the Act of October 29, 1951 (65 Stat. 662), providing authority for the employment of certain retired officers in the Veterans' Administration (formerly contained in 5 U.S.C. 64a), which authority has expired. (24) The fifth sentence of section 3 of the Reconstruction Finance Corporation Act, as in effect on June 30, 1947 (47 Stat. 6), and as continued by section 3(a) of such Act, as amended (61 Stat. 203, 62 Stat. 262; 15 U.S.C. 603 (a)), relating to employees of the Reconstruction Finance Corporation, which reads: "Nothing contained in this or in any other Act shall be construed to prevent the appointment and compensation as an employee of the corporation or any officer or employee of the United States in any board, commission, independent establishment, or executive department thereof." (25) Section 2 of the Act of July 11, 1947 (61 Stat. 311; D.C. Code, sec. 4-183), relating to the position of director of the band in the Metropolitan Police force of the District of Columbia. (26) Section 3 of the Act of April 21, 1948, as amended (7 U.S.C. 438), relating to the Remount Service in the Department of Agriculture. (27) That part of section 9 of the Act of June 4, 1948 (62 Stat. 342; D.C. Code, sec. 2-1709), relating to personnel of the Armory Board of the District of Columbia, which reads: ", and without regard to any prohibition against double salaries contained in any other law". (28) Section 5(f) of the Central Intelligence Agency Act of 1949, as amended (65 Stat. 89, 72 Stat. 337; 50 U.S.C. 403f(f)), authorizing employment of not more than fifteen retired officers who must elect between civilian salary and retired pay. (29) That part of the second sentence of section 103 of the American-Mexican Treaty Act of 1950 (64 Stat. 847), relating to the International Boundary and Water Commission, United States and Mexico, which reads: ", and who shall be entitled to receive, as compensation for such temporary service, the difference between the rates of pay established therefor and their retired pay during the period or periods of such temporary employment". (30) That part of section 401(a) of the Federal Civil Defense Act of 1950, as amended (64 Stat. 1254; 50 U.S.C. App. 2253(a)), which reads: "and, notwithstanding the provisions of any other law,

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except those imposing restrictions upon dual compensation, employ, in a civilian capacity, with the approval of the President, not to exceed twenty-five retired personnel of the armed services on a full- or parttime basis without loss or reduction of or prejudice to their retired status;". (31) Subparagraph (g) of the third paragraph of the Act of August 5, 1953 (67 Stat. 366), as amended by the Act of August 9, 1955 (69 Stat. 590), and by the Act of August 28, 1957 (71 Stat. 457), relating to the Corregidor-Bataan Memorial Commission (36 U.S.C. 426(g)). (32) Section 12 of the District of Columbia Teachers' Salary Act of 1955 (69 Stat. 529; D.C. Code, sec. 31-1541), authorizing employment of retired members of the armed services of the United States as teachers of military science and tactics in public high schools of the District of Columbia. (33) Section 8 of the Act of September 7, 1957 (71 Stat. 628; 36 U.S.C. 748), relating to appointment and pay of certain retired officers by the Civil W a r Centennial Commission. (34) Section 203(b) (11) of the National Aeronautics and Space Act of 1958 (72 Stat. 431; 42 U.S.C. 2473 (b) (11)), authorizing the employment of retired commissioned officers subject only to the limitations in pay set forth in section 212 of the Act of June 30, 1932, as amended (5 U.S.C. 59a). (35) Section 626(c) of the Act of September 4, 1961 (75 Stat. 451; 22 U.S.C. 2386(c)), authorizing employment of retired officers under the Act for International Development of 1961 or the International Peace and Security Act of 1961. (36) Section 201(d) of chapter 7 of title 2, Canal Zone Code (76A Stat. 21), relating to retired members of a regular component of the Armed Forces or the Public Health Service of the United States employed in the Canal Zone Government or the Panama Canal Company, (37) The matter contained in section 507 of the Department of Defense Appropriation Act, 1964 (77 Stat. 264; Public Law 88-149), relating to retired military personnel on duty at the United States Soldiers' Home, which reads: ": Provided, That section 212 of the Act of June 30, 1932 (5 U.S.C. 59a), shall not apply to retired military personnel on duty at the United States Soldiers' Home", and provisions to the same effect contained in other appropriation Acts enacted prior to the effective date of this section relative to retired military personnel on duty at the United States Soldiers' Home (5 U.S.C. 59b). (38) The next to the last sentence of section 4103(b) of title 38, United States Code, relating to the application of certain provisions of law to the Chief Medical Director of the Department oi Medicine and Surgery of the Veterans' Administration, which reads: "Section 62 of title 5 of the United States Code shall not apply to any individual appointed Chief Medical Director before January 1, 1964; however, section 59a of title 5 shall apply, in accordance with its terms, to any such individual.". (b) All other provisions of law, general or specific, inconsistent with this Act and the amendments made by this Act, are hereby repealed. (c) Nothing contained in this Act shall be construed to repeal or modify the provisions of the last paragraph under the heading "Administrative Provisions" in the appropriations for the Senate contained in the Legislative Branch Appropriation Act, 1957 (70 Stat. 360; 2 U.S.C. 66a).

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 496 Effective dates.

Savings provision.

PUBLIC LAW 88-449-AUG. 19, 1964

[78 STAT.

gj,^, 43 ^g^^ Except as pFovlded in subsection (b) of this section, this Act shall become effective on the first day oi the first month which begins later than the ninetieth day following the date of enactment of this Act. (b) This section and sections 201(g) and 201(h) shall become effective on the date of enactment of this Act. ^^^ ^Q^ j f j^j^y provision of this Act shall be held invalid, the remainder af this Act shall not be affected thereby. Approved August 19, 1964. Public Law 88-449

August 19, 1964 1^^' ^^^^^

P a c i f i c Tropical B o t a n i c a l Garden. Charter.

AN ACT To c h a r t e r by Act of Congress the Pacific Tropical Botanical Garden.

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

of the

CREy^TION OF THE CORPORATION

1. The following persons: Henry Francis duPont, Winterthur, Delaware; Deane Waldo Malott, Ithaca, New York; Horace Marden Albright, Los Angeles, California; Robert Allerton, Kauai, Hawaii; and Paul Bigelow Sears, New Haven, Connecticut; and their successors, are hereby created and declared to be a body corporate by the name of Pacific Tropical Botanical Garden (hereinafter referred to as the "corporation") and by such name shall be known and have perpetual succession and the powers, limitations, and restriction herein contained. SECTION

COMPLETION o r

ORGANIZATION

SEC. 2. The persons named in section 1 shall be the incorporators of the corporation and members of the initial board of trustees and are authorized to complete the organization of the corporation by the selection of other trustees and officers, the adoption of bylaws, not inconsistent with this Act, and the doing of such other acts necessary to carry into effect the provisions of this Act. OBJECTS A N D PURPOSES OF CORPORATION

SEC. 3. The objects and purposes of the corporation shall be— (a) to establish, develop, operate, and maintain for the benefit of the people of the United States an educational and scientific center m the form of a tropical botanical garden or gardens, together with such facilities as libraries, herbaria, laboratories, and museums which are appropriate and necessary for encouraging and conducting research in basic and applied tropical botany; (b) to foster and encourage fundamental research with respect to tropical plant life and to encourage research and study of the uses of tropical flora in agriculture, forestry, horticulture, medicine, and other sciences; (c) to disseminate through publications and other media the knowledge acquired at the gardens relative to basic and applied tropical botany; (d) to collect and cultivate tropical flora of every nature and origin and to preserve for the people of the United States species of tropical plant life threatened with extinction;

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(e) to provide a beneficial facility which will contribute to the education, instruction, and recreation of the people of the United States. POWERS o r

CORPORATION

SEC. 4. The corporation shall have the following powers: (a) to sue and be sued, and to complain and defend in any court of competent jurisdiction; (h) to adopt, use, and alter a corporate seal; (c) to choose such trustees, officers, managers, agents, and employees as the activities of the corporation may require; (d) to adopt, amend, and alter bylaws, not inconsistent with the laws of the United States of America or of any State in which the corporation is to operate, or of the District of Columbia, for the management of its property and the regulation of its affairs; (e) to make contracts; (f) to take and hold by lease, gift, purchase, grant, devise, or bequest, or by any other method, any property, real, personal, or mixed, necessary or proper, for attaining the objects and carrying into effect the purposes of the corporation, subject, however, to applicable provisions of law of any State or the District of Columbia (1) governing the amount or kind of such property which may be held by, or (2) otherwise limiting or controlling the ownership or any such property by a corporation operating in such State or the District of Columbia; (g) to transfer, convey, lease, sublease, mortgage, encumber, and otherwise alienate real, personal, or mixed property; and (h) to borrow money for the purposes of the corporation, issue bonds or other evidences of indebtedness therefor, and secure the same by mortgage, deed of trust, pledge, or otherwise, subject in every case to all applicable provisions of the Federal and State laws or to the laws of the District of Columbia; and (i) to do any and all acts and things necessary and proper to carry out the objects and purposes of the corporation. BOARD o r

TRUSTEES

SEC. 5. (a) Upon enactment of this Act, the trustees of the corporation may select additional persons to serve as members of the board of trustees. The total number of trustees shall not exceed fifteen. The incorporators of the corporation shall each serve on the board of trustees for a term of at least three years. (b) Except for the foregoing provision, the board of trustees of the corporation shall be selected in such manner and shall serve for such time as may be prescribed in the bylaws of the corporation. (c) The board of trustees shall be the managing body of the corporation and shall have such powers, duties, and responsibilities as may be prescribed in the bylaws of the corporation. OFFICERS

SEC. 6. (a) The officers of the corporation shall be a president, one or more vice presidents, a secretary, a treasurer, and.such other officers as may be authorized by the bylaws of the corporation. (b) The officers of the corporation shall be elected in such manner and for such terms and with such duties as may be prescribed in the bylaws of the corporation.

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[78 STAT.

PRINCIPAL CORPORATE OFFICE IVND TERRITORIAL SCOPE OF CORPORATE ACTIVITIES; RESIDENT AGENT

SEC. 7. (a) The corporation initially shall have its principal office in the District of Columbia and later at such place as may be determined by the board of trustees. The corporation shall have the right to conduct its activities in the United States and elsewhere but shall establish a tropical botanical garden or gardens only in the United States. (b) The corporation shall maintain in the District of Columbia at all times a designated agent authorized to accept service of process for the corporation and notice to or service upon such agent, or mailed to the busmess address of such agent, shall be deemed notice to or service upon the corporation. MEMBERSHIP; VOTING RIGHTS

SEC. 8. (a) Eligibility for membership in the corporation and the rights and privileges of members shall, except as provided in this Act, be determined as the constitution and bylaws of the corporation may provide. (b) Each member of the corporation, other than honorary and associate members, shall have the right to one vote on each matter submitted to a vote at all meetings of the members of the corporation. LIABILITY FOR ACTS OF OFFICERS AND AGENTS

SEC. 9. The corf)oration shall be liable for the acts of its officers and agents when acting within the scope of their authority. AUDIT OF FINANCIAL TRANSACTIONS; REPORT TO CONGRESS

SEC. 10. (a) The accounts of the corporation shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants or independent licensed public accountants, certified or licensed by a regulatory authority of a State or other political subdivision of the United States. The audit shall be conducted at the place or places where the accounts of the corporation are normally kept. All books, accounts, financial records, reports, files, and all other papers, things, or property belonging to or in use by the corporation and necessary to facilitate the audit shall l^e made available to the person or persons conducting the audit; and full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians shall be afforded to such person or persons. (b) A report of such audit shall be made by the corporation to the Congress not later than six months following the close of the fiscal year for which the audit is made. The report shall set forth the scope of the audit and include such statements, together with the independent auditor's opinion of those statements, as are necessary to present fairly the corporation's assets and liabilities, surplus or deficit with an analysis of the changes therein during the year, supplemented in reasonable detail by a statement of the corporation's income and expenses during the year including (1) the results of any trading, manufacturing, publishing, or other commercial-type endeavor carried on by the corporation, and (2) a schedule of all contracts requiring payments in excess of $10,000 and any payments of compensation, salaries, or, fees at a rate in excess of $10,000 per annum. The report shall not be printed as a public document.

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PUBLIC LAW 88-449-AUG. 19, 1964 BOOKS AND R E C O R D S; INSPECTION

SEC. 11. The corporation shall keep correct and complete books and records of account. It shall also keep minutes of the proceedings of its board of trustees, and committees having any of the authority of the board of trustees. The corporation shall also keep at its principal office a record of the names and addresses of its members entitled to vote. All books and records of the corporation shall be open for inspection by any member of the corporation or his agent or attorney tor any proper purpose at any reasonable time. DIVIDENDS

SEC. 12. The corporation shall have no power to issue shares of stock or to declare or pay dividends. USE OF I N C O M E; L O A N S TO OFFICERS, TRUSTEES, OR EMPLOYEES

SEC. 13. (a) No part of the income or assets of the corporation shall inure to any member, officer, or trustee, or be distributable to any such person during the life of the corporation or upon dissolution or final liquidation. Nothing in this subsection, however, shall be construed to prevent the payment of reasonable compensation to officers of the corporation in amounts approved by the board of trustees of the corporation. (b) The corporation shall not make loans to its officers, trustees, or employees. Any trustee who votes for or assents to the making of a loan to an officer, trustee, or employee of the corporation, and any officer who participates in the making of such loan, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof. USE OF ASSETS ON DISSOLUITON OR LIQUIDATION

SEC. 14. Upon dissolution or final liquidation of the corporation, all assets remaining after the corporation's liabilities have been satisfied, shall be distributed to the United States Government, to be administered by the Secretary of the Interior, under the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.), as amended and supplemented, or to a State or local government to be used for a public purpose, in accordance with the determination of the board of trustees, consistent with the purposes of the corporation, and in compliance with the charter and bylaws of the corporation and Federal and State laws. NONPOLITTCAL NATURE OF CORPORATION

SEC. 15. The corporation, and its officers and trustees as such, shall not contribute to or otherwise support or assist any political party or candidate for elective public office. EXCLUSIVE USE OF NAME

SEC. 16. The corporation shall have the sole and exclusive right to use and to authorize the use of the name "Pacific Tropical Botanical Garden." RESERVATION or RIGHT TO AMEND OR REPEAL CHARTER

SEC. 17. The n g h t to alter, amend, or repeal this Act is expressly reserved to the Congress. Approved August 19, 1964.

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PUBLIC LAW 88-450-AUG. 19, 1964

[78

STAT.

Public Law 88-450 August 19, 1964 [H. R. 8009]

Veterans. Nursing home care. 72 Stat. 1251.

Transfers to other institutions. 72 Stat. 1141. 38 USC 61U-619.

Conditions.

AN ACT To amend title 38, United States Code, to provide veterans with urgently needed nursing home care and nursing care facilities while reducing the cost to the United States of caring for such veterans, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (a) of section 5001 of title 38, United States Code, is amended (1) by inserting " (1) " immediately after " (a) ", (2) by redesignating clauses (1) and (2) thereof as clauses (A) and (B), respectively, and (3) by adding at the end thereof the following new paragraph: "(2) The Administrator, subject to the approval of the President, is authorized to establish and operate not less than four thousand beds for the furnishing of nursing home care to eligible veterans in facilities over which the Administrator has direct and exclusive jurisdiction."' SEC. 2. (a) Subchapter II of chapter 17 of title 38, United States Code, is amended by adding at the end thereof the following new section: "§ 620. Transfers for nursing home care " (a) Subject to subsection (b) of this section, the Administrator may transfer any veteran, who has been furnished care by the Administrator in a hospital under the direct and exclusive jurisdiction of the Administrator, to any public or private institution not under the jurisdiction of the Administrator which furnishes nursing home care, for care at the expense of the United States, if the Administrator determines that— "(1) such veteran has received maximum benefits from such care in such hospital, but will require a protracted period of nursing home care which can be furnished in such institution, and "(2) the cost of such nursing home care in such institution will not exceed one-third of the cost of care furnished by the Veterans' Administration in a general hospital under the direct and exclusive jurisdiction of the Administrator, as such cost may be determined from time to time by the Administrator. Nursing home care may not be furnished pursuant to this section at the expense of the United States for more than six months in the aggregate in connection with any one transfer, except where in the judgment of the Administrator a longer period is warranted in the case of any veteran. "(b) No veteran may be transferred to any institution for nursing home care under this section, unless such institution is determined by the Administrator to meet such standards as he may prescribe." (b) The analysis of chapter 17 of title 38, United States Code, is amended by inserting immediately below "619. Repair or replacement of certain prosthetic and other appliances."

the following: "620. Transfers for nursing home care." Payments. 72 Stat. 1146; 74 Stat. 424.

SEC. 3. (a) Section 641 of title 38, United States Code, is amended to read as follows: "§ 641. Criteria for payment "The Administrator shall pay each State at the per diem rate of $2.50 for each veteran of any war receiving h'ospitalization or domiciliary care in a State home in such State if the veteran is eligible for hospitalization or domiciliary care in a Veterans' Administration facility, and at the per diem rate of $3.50 for each veteran of any war

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receiving nursing home care in a State home in such State, if such veteran meets the requirements of paragraph (1), (2), or (3) of section 610(a) of this title, except that the requirement in clause (B) 76^stat^*38\^^^' of such paragraph (1) shall, for this purpose, refer to the inability 38 USC eio. to defray the expenses of necessary nursing home care; however, such payment shall not be more, in any case, than one-half of the cost of the veteran's maintenance in such State home/' (b) No payment shall be made to any State home solely by reason Restriction. of the amendment made by this section on account of nursing home care furnished any veteran except where such care is furnished the veteran by the State home for the first time after the effective date of this section. (c) The amendment made by this section shall take effect on January 1, 1965; except that subsection (b) of section 641 of title 38, United States Code, as in effect immediately before such date, shall jJ^i^l^^gA^'^^'' remain in effect with respect to any amounts retained or collected by any State home before such date. SEC. 4. (a) Chapter 81 of title 38, United States Code, is amended H l'^^ ^^^^^ by adding at the end thereof the following new subchapter: 5014. "Subchapter III—State Home Facilities for Furnishing Nursing Home Care "§5031. Definitions "For the purpose of this subchapter— " (a) The war veteran population of each State shall be determined on the basis of the latest figures certified by the Department of Commerce. " (b) The term 'State' does not include any possession of the United States. "(c) The term 'construction' means the construction of new buildings, the expansion, remodeling, modification, or alteration of existing buildings, and the providing of initial equipment for any such buildings. " (d) The term 'cost of construction' means the amount found by the Administrator to be necessary for a project of construction of nursing home care facilities, including architect fees, but not including the cost of acquisition of land. "§ 5032. Declaration of purpose "The purpose of this subchapter is to assist the several States to construct State home facilities for furnishing nursing home care to war veterans. "§ 5033. Authorization of appropriations " (a) There is hereby authorized to be appropriated $5,000,000 for the fiscal year ending June 30, 1965, and a like sum for each of the four succeeding fiscal years. Sums appropriated pursuant to this section shall be used for making grants to States which have submitted, and have had approved by the Administrator, applications for carrying out the purposes of section 5032 of this title. " (b) Sums appropriated pursuant to subsection (a) of this section shall remain available until the end of the second fiscal year following the fiscal year for which they are appropriated. "(c) Not more than 10 per centum of the funds appropriated pursuant to subsection (a) of this section for any fiscal year shall be used to assist in the construction of nursing home care facilities in any one State.

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49 Stat. 1011. Approval.

PUBLIC LAW 88-450-AUG. 19, 1964

[78 STAT.

"§ 5034. General regulations "Within six months after the date of enactment of this subchapter, the Administrator shall prescribe the following by regulation: " (1) The number of beds required to provide adequate nursing home care to war veterans residing in each State, which number shall not exceed one-half bed per thousand war veteran population in the case of any State. "(2) General standards of construction, repairs, modernization, alteration, and equipment for facilities for furnishing nursing home care which are constructed with assistance received under this subchapter. "§ 5035. Applications with respect to projects; payments "(a) After regulations have been prescribed by the Administrator under section 5034 of this title, any State desiring to receive assistance for a project for construction of State home facilities for furnishing nursing home care must submit to the Administrator an application. Such application shall set forth— "(1) the amount of the grant requested with respect to such project which may not exceed 50 per centum of the estimated cost of construction of such project, " (2) a description of the site for such project, "(3) plans and specifications for such project in accordance with regulations prescribed by the Administrator pursuant to section 5034(2) of this title, " (4) reasonable assurance that upon completion of such project the facilities will be used principally to furnish nursing home care to war veterans and that not more than 10 per centum of the bed occupancy at any one time will consist of patients who are not receiving nursing home care as war veterans, "(5) reasonable assurance that title to such site is or will be vested solely in the applicant, a State home, or another agency or instrumentality of the State, "(6) reasonable assurance.that adequate financial support will be available for the construction of the project and for its maintenance and operation when complete, " (7) reasonable assurance that the State will make such reports in such form and containing such information as the Administrator may from time to time reasonably require, and give the Administrator, upon demand, access to the records upon which such information is based, and "(8) reasonable assurance that the rates of pay for laborers and mechanics engaged in construction of the project will be not less than the prevailing local wage rates for similar work as determined in accordance with sections 276a through 276a-5 of title 40 (known as the Davis-Bacon Act). "(I3) -j^j^g Administrator shall approve any such application if he finds that— "(1) there are sufficient funds available to make the grant requested with respect to such project, "(2) such grant does not exceed 50 per centum of the estimated cost of construction of such project, "(3) that such a grant would not result in more than 10 per centum of the funds appropriated for any fiscal year pursuant to section 5033(a) of this title being used to assist the construction of facilities in any one State, "(4) the application contains such reasonable assurance as to use, title, financial support, reports and access to records, and payment of prevailing rates of wages, as the Administrator may determine to be necessary, and

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"(5) the plans and specifications for such project are in accord with regulations prescribed pursuant to section 5034(2) of this title and that the construction of such project, together with other projects under construction and other facilities, will not result in more than the number of beds prescribed by the Administrator pursuant to section 5034(1) of this title for the State in which such project is located being available for furnishing nursing home care to war veterans in such State. "(c) No application submitted to the Administrator under this section shall be disapproved until the Administrator has afforded the applicant an opportunity for a hearing. " (d) Upon approving an application under this section, the Administrator shall certify to the Secretary of the Treasury the amount of the grant requested with respect to such project in such application, but in no event an amount greater than 50 per centum of the estimated cost of construction of the project, and shall designate the appropriation from which it shall be paid. Such certification shall provide for payment to the applicant or, if designated by the applicant, the State home for which such project is being constructed or any other agency or instrumentality of the applicant. Such amount shall be paid, in advance or by way of reimbursement, and in such installments consistent with the progress of construction as the Administrator may determine and certify for payment to the Secretary of the Treasury. Funds paid under this section for the construction of an approved project shall be used solely for carrying out such project as so approved. "(e) Any amendment of any approved application shall be subject to approval in the same manner as an original application. "§ 5036. Recapture provisions "If, within twenty years after completion of any project for construction of facilities for furnishing nursing home care with respect to which a grant has been made under this subchapter, such facilities cease to be operated by a State, a State home, or an agency or instrumentality of a State principally for furnishing nursing home care to war veterans, the United States shall be entitled to recover from the State which was the recipient of the grant under this subchapter, or from the then owner of such facilities, 50 per centum of the then value of such facilities, as determined by agreement of the parties or by action brought in the district court of the United States for the district in which such facilities are situated. "Except as otherwise specifically provided, nothing in this subchapter shall be construed as conferring on any Federal officer or employee the right to exercise any supervision or control over the administration, personnel, maintenance, or operation of any State home for which facilities are constructed with assistance received under this subchapter." (b) The analysis of chapter 81 of title 38, United States Code, is amended by adding at the end thereof the following: "SUBCHAPTER III — S T A T E H O M E F A C I L I T I E S FOR F U R N I S H I N G NURSING H O M E CARE
 * § 5037. State control of operations

"5031. "5032. "5033. "5034. "5035. "5036. "5037.

Definitions. Declaration of purpose. Authorization of appropriations. General regulations. Applications with respect to projects; Payments. Recapture provisions. State control of operations." 31-667 0-65—35

503

"^^eai hearing.

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 504 72 Stat. 1107.

" N u r s i n g home

Discontinuance of allowance. 76 Stat. 4 4 1. 72 Stat. 936; 76 Stat. 4 4 1.

Equipment. 73 Stat. 435.

PUBLIC LAW 88-450-AUG. 19, 1964

[78 STAT.

(c) Paragraph (19) of section 101 of title 38, United States Code, is amended by adding at the end thereof the following: "Such term also includes such a home which furnishes nursing home care for veterans of any war." (d) Section 101 of title 38, United States Code, is amended by adding at the end thereof the following new paragraph: "(28) The term 'nursing home care' means the accommodation of convalescents or other persons who are not acutely ill and not in need of hospital care, but who require skilled nursing care and related medical services, if such nursing care and medical services are prescribed by, or are performed under the general direction of, persons duly licensed to provide such care. The term includes intensive care where the nursing service is under the supervision of a registered professional nurse." SEC. 5. (a) Section 3203(f) of title 38, United States Code, is amended to read as follows: "(f) Where any veteran in receipt of an aid and attendance allowance described in section 314(r) of this title is hospitalized at Government expense, sr«ch allowance shall be discontinued from the first day of the second calendar month which begins after the date of his admission for such hospitalization for so long as such hospitalization continues. Any discontinuance required by administrative regulation, during hospitalization of a veteran by the Veterans' Administration, of increased pension based on need of regular aid and attendance or additional compensation based on need of regular aid and attendance as described in subsection (1) or (m) of section 314 of this title, shall not be effective earlier than the first day of the second calendar month which begins after the date of the veteran's admission for hospitalization. In case a veteran affected by this subsection leaves a hospital against medical advice and is thereafter admitted to hospitalization, such allowance, increased pension, or additional compensation, as the case may be, shall be discontinued from the date of such readmission for so long as such hospitalization continues." (b) The amendment made by this section shall apply only with respect to compensation or pension based upon need of regular aid and attendance in the case of veterans admitted for hospitalization on or after the first day of the second calendar month which begins after the date of enactment of this Act. SEC. 6. (a) Section 617 of title 38, United States Code, is amended by inserting " (a) " immediately before "The Administrator" and by adding at the end thereof the following new subsection: " (b) The Administrator may furnish any type of therapeutic or rehabilitative device, as well as other medical equipment and supplies (excluding medicines), if medically indicated, to any veteran who is eligible to receive an invalid lift under subsection (a) of this section, or who would be so eligible, but for the fact that he has such a lift." (b) The analysis of chapter 17 of title 38, United States Code, is amended by striking out "617. Invalid lift for pensioners."

and inserting in lieu thereof the following: ''617. Invalid lifts and other devices for pensioners."

Additional medical treatment. 72 Stat. 1142. 38 USC 501-562.

(c) The heading of section 617 of title 38, United States Code, is amended to read as follows: SEC. 7. Section 612 of title 38, United States Code, is amended by adding at the end thereof the following: " (^) Where any veteran is in receipt of pension under chapter 15 of this title based on the need of regular aid and attendance or of an
 * § 617. Invalid lifts and other devices for pensioners".

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aid and attendance allowance received under section 314 or 334 of this title, or who, but for the receipt of retired pay, would be in receipt of such pension or such an allowance, and— "(1) has received care for not less than one year under paragraph (2) of subsection (f) of this section; and " (2) is suffering from (A) cardiovascular-renal disease, including hypertension, (B) endocrinopathies, (C) diabetes mellitus, (D) cancer, (E) a neuropsychiatric disorder,or (F) tuberculosis; then the Administrator may furnish the veteran such further care as is reasonably necessary for such disease or disorder." Approved August 19, 1964.

505 72 Stat. 1120, 1123.

Public Law 88-451 AN ACT To amend the Alaska Omnibus Act to provide assistance to the State of Alaska for the reconstruction of areas damaged by the earthquake of March 1964 and subsequent seismic waves, and for other purposes.

Be it enacted by the Senate and House of Representatives of theUnited States of America in Congress assembled, That this Act may be cited as the "1964 Amendments to the Alaska Omnibus Act". SEC. 2. The Congress hereby recognizes that the State of Alaska has experienced extensive property loss and damage as a result of the earthquake of March 27, 1964, and subsequent seismic waves, and declares the need for special measures designed to aid and accelerate the State's efforts in providing for the reconstruction of the areas in the State devastated by this natural disaster. SEC. 3. Section 21 of the Alaska Omnibus Act (73 Stat. 145) is amended by adding a new subsection (f) to read as follows: "(f) Notwithstanding the limitation contained in subsection (f) of section 120 of title 23, United States Code, the Secretary of Commerce is authorized to make expenditures from the emergency fund under section 125 of such title for the repair or reconstruction of highways on the Federal-aid highway systems of Alaska which have been damaged or destroyed by the 1964 earthquake and subsequent seismic waves, in accordance with the Federal share payable under subsection (a) of section 120 of such title. The increase in expenditures resulting from the difference between the Federal share authorized by this subsection and that authorized by subsection (f) of section 120 of such title shall be reimbursed to the emergency fund by an appropriation from the general fund of the Treasury: Provided, That such increase in expenditures shall not exceed $15,000,000 in the aggregate." SEC. 4. The Alaska Omnibus Act (73 Stat. 141) is amended by adding the following new sections at the end of section 50 thereof: U

August 19, 1964 [S. 2881]

1964 Amendments to the A l a s k a Omnibus Act. Earthquake damage.

48 USC p r e c. 5 note. 73 Stat. 613. 73 Stat. 612.

72 Stat. 898.

N E W FEDERAL LOAN ADJUSTMENTS

"SEC. 51. (a) The Secretary of Agriculture is authorized to compromise or release such portion of a borrower's indebtedness under programs administered by the Farmers Home Administration in Alaska as he finds necessary because of loss resulting from the 1964 earthquake and subsequent seismic waves, and he may refinance outstanding indebtedness of applicants in Alaska for loans under section 502 of the Housing Act of 1949 for the repair, reconstruction, or replacement of dwellings or farm buildings lost, destroyed, or damaged by such causes and securing such outstanding indebtedness. Such loans may also provide for the purchase of building sites, when the original sites cannot be utilized.

Indebtedness, release.

63 Stat. 433. 42 USC 1472.

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7o^sta!.^\'u4f 75 Stat. 175. ^^42 USC 1491es'Stat. 272.

PUBLIC LAW 88-451-AUG. 19, 1964

[78 STAT.

" (b) The Secretary of Agriculture is authorized to compromise or relea,se such portion of a borrower's indebtedness under programs administered by the Rural Electrification Administration in A l a ^ a as he finds necessary because of loss, destruction, or damage of property resulting from the 1964 earthquake and subsequent seismic waves. ' SEC. 52. The Housing and Home Finance Administrator is authorized to compromise or release such portion of any note or other obligation held by him with respect to property in Alaska pursuant to <i ^® ^ of the Housing Amendments of 1955 or included within the ^<l rovolving fund for liquidating programs established by the Independent Offices Appropriation Act of 1955, as he finds necessary because of loss, destruction, or damage to facilities securing such obligations by the 1964 earthquake and subsequent seismic waves. uURBAN RENEWAL

izSion*^' ^"*''°'" 42 us^c 1^62^'

75"tat^*i6V^' 42 USC 1453.

"SEC. 53. The Housing and Home Finance Administrator is authorized to enter into contracts for grants not exceeding $25,000,000 for urban renewal projects in Alaska, including open land projects, under section 111 of the Housing Act of 1949, which he determines will aid the communities in which they are located in reconstruction and redevelopment made necessary by the 1964 earthquake and subsequent seismic waves. Such authorization shall be in addition to and separate from any grant authorization contained in section 103(b) of said Act. "The Administrator may increase the capital grant for a pro^'ect assisted under this section to not more than 90 per centum of net project cost where he determines that a major portion of the project area has either been rendered unusable as a result of the 1964 earthquake and subsequent seismic waves or is needed in order adequately to provide, in accordance with the urban renewal plan for the project, new locations for persons, businesses, and facilities displaced by the earthquake. " E X T E N S I O N OF TERM OF H O M E DISASTER LOANS

"SEC. 54. Loans made pursuant to paragraph (1) of section 7(b) of the Small Business Act (72 Stat. 387), as amended (15 U.S.C. 636(b)), for the purpose of replacing, reconstructing, or repairing dwellings in Alaska damaged or destroyed by the 1964 earthquake and subsequent seismic waves, may have a maturity of up to thirty years: Provided, That the provisions of section 7(c) of said Act shall not be applicable to such loans. "MODIFICATION OF CIVIL W^ORKS PROJECTS

"SEC. 55. The Chief of Engineers, under the direction of the Secretary of the Army, is hereby authorized to make such modifications to previously authorized civil works projects in Alaska adversely affected by the 1964 earthquake and subsequent seismic waves as he finds necessary to meet changed conditions and to provide for current and reasonably prospective requirements of the communities they serve, at an estimated cost of $10,000,000. " P U R C H A S E O F ALASKA STATE BONDS

69 Stat. 643. 1494.^^^ ^^^^'

"SEC. 56. The Housing and Home Finance Administrator is authorized to purchase, in accordance with the provisions of sections 202(b), 203, and 204 of title II of the Housing Amendments of 1955, the securities and obligations of, or make loans to, the State of Alaska to finance any part of the programs needed to carry out the reconstruc-

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tion activities in Alaska related to the 1964 earthquake and subsequent seismic waves or to complete capital improvements begun prior to the earthquake: Provided, That the aggregate amount of such purchase or loan shall not exceed $25,000,000. "RETIREMENT OR ADJUSTMENT OF OUTSTANDING MORTGAGE OBLIGATION

"SEC. 57. For the purpose of enabling the State of Alaska to retire or adjust outstanding home mortgage obligations or other real property liens secured by one to four family homes which were severely damaged or destroyed in the March 1964 earthquake and subsequent seismic waves, the JPresident is authorized to make additional grants to the State of Alaska in an amount not to exceed a total of $5,500,000 to match, on a fifty-fifty basis, any funds provided by the State to pay the costs of retiring or adjusting such mortgage obligations. I n order ""to be approved, a State application for a grant for carrying out the purpose of this section must: (1) be in accordance with a plan submitted by the State, to be approved by the President, for the implementation of the purpose of this section; (2) designate the State agency for retiring or adjusting said mortgage obligations; (3) provide that the mortgagor shall be required to absorb the damage loss to the entire extent of his equity interest in the property and also agree to pay at least $1,000 of the outstanding mortgage balance; (4) provide that no payments for retiring or adjusting mortgage obligations on a single property shall exceed $30,000; (5) provide regulations to assure equitable treatment among home owners and to prevent unjustified payments or gains to the State, mortgagees or mortgagors; and (6) provide that the State agency will make such reports, in such form jj^*^°'"* *° P»"«siand containing such information as the President may from time to time require, and give the President, upon demand, access to the records on which such reports are based." APPROPRIATION AUTHORIZATION

SEC, 5. There is authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act, which shall be available for obligation until June 30, 1967, There is also authorized to be appropriated such sums as may be necessary for the expenses of such advisory commissions or committees as the President may establish in connection with the reconstruction and development planning of the State of Alaska. The total amount authorized to be appropriated pursuant to this section shall not exceed $55,650,000, TERMINATION DATE

SEC. 6. The authority contained in this Act shall expire on June 30, 1967, except that such expiration shall not affect the payment of expenditures for any obligation or commitment entered into under this Act prior to June 30, 1967. REPORTING

SEC. 7. The President shall report semiannually during the term of c,!!r^esV° this Act to the President of the Senate and the Speaker of the House °"^'^^*^' on the actions taken under this Act by the various Federal agencies. The first such report shall be submitted not later than February 1, 1965, and shall cover the period ending December 31, 1964. Approved August 19, 1964.

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