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42 USC lS94k.

R e l o c a t i o n of housing u n i t s, authorization. Notification of congressional committees.

Appropriation.

68 Stat. 603. Housing u n i t s, limitation.

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[79

STAT.

housing facilities may not exceed an average of $160 a month for each military department, including the cost of utilities and maintenance and operation." SEC. 505. Section 507 of Public Law 88-174 (77 Stat. 307, 326), is amended by deleting the figures "1964" and "1965", and inserting in lieu thereof the figures "1966" and "1967". SEC. 506. The Secretary of Defense or his designee is authorized to relocate 200 units of relocatable housing from Glasgow Air Force Base, Montana, to other military installations where there are housing shortages: Provided, That the Secretary of Defense shall notify the Committees on Armed Services of the House of Representatives and the Senate of the proposed new locations and estimated costs, and no contract shall be awarded within thirty days of such notification. SEC. 507. There is authorized to be appropriated for use by the Secretary of Defense or his designee for military family housing as authorized by law for the following purposes: (a) for construction and acquisition of family housing, including improvements to adequate quarters, improvements to inadequate quarters, minor construction, rental guarantee payments, construction and acquisition of trailer court facilities, and planning, an amount not to exceed $195,589,000 and (b) for support of military family housing, including operating expenses, leasing, maintenance 01 real property, payments of principal and interest on mortgage debts incurred, payments to the Commodity Credit Corporation, and mortgage insurance premiums authorized under section 222 of the National Housing Act, as amended (12 U.S.C. 1715m), an amount not to exceed $488,799,000. _ SEC. 508. Notwithstanding the authorizations for the construction of family housing contained in section 501(a) of this Act, the total number of units of family housing which may be contracted for under authority of such section shall not exceed nine thousand five hundred units. TITLE VI GENERAL PROVISIONS

Land improvements, etc.

70A Stat. 269, 590.

Appropriation.

SEC. 601. The Secretary of each military department may proceed to establish or develop installations and facilities under this Act without; regard to section 3648 of the Revised Statutes, as amended (31 U.S.C. 529) and sections 4774(d) and 9774(d) of title 10, United States Code. The authority to place permanent or temporary improvements on land includes authority for surveys, administration, overhead, planning, and supervision incident to construction. That authority may be exercised before title to the land is approved under section 355 of the Revised Statutes, as amended (40 U.S.C. 255), and even though the land is held temporarily. The authority to acquire real estate or land includes authority to make surveys and to acquire land, and interests in land (including temporary use), by gift, purchase, exchange of Government-owned land, or otherwise. SEC. 602. There are authorized to be appropriated such sums as may be necessary for the purposes of this Act, but appropriations for public works projects authorized by titles I, II, III, IV, and V shall not exceed— (1) for title I: Inside the United States, $252,661,000, outside the United States, $7,391,000, section 102, $39,470,000, section 103, $10,000,000 or a total of $309,522,000.

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(2) for title II: Inside the United States, $225,877,000, outside the United States, $34,436,000, section 202, $41,099,000, section 203, $10,000,000 or a total of $311,412,000. (3) for title III: Inside the United States, $210,630,000, outside the United States, $42,683,000, section 302, $71,063,000, section 303, $10,000,000 or a total of $334,376,000. (4) for title IV: A total of $100,051,000. (5) for title V: Military family housing, a total of $684,388,000. SEC. 603. Any of the amounts named in titles I, II, III, and IV of this Act, may, in the discretion of the Secretary concerned, be increased by 5 per centum for projects inside the United States (other than Alaska) and by 10 per centum for projects outside the United States or in Alaska, if he determines in the case of any particular project that such increase (1) is required for the sole purpose of meeting unusual variations in cost arising in connection with that project, and (2) could not have been reasonably anticipated at the time such project was submitted to the Congress. However, the total costs of all projects in each such title may not be more than the total amount authorized to be appropriated for projects in that title. Contracts. SEC. 604. Whenever— (1) the President determines that compliance with section 2313 (b) of title 10, United States Code, for contracts made under this 70A Stat. 132, Act for the establishment or development of military installations and facilities in foreign countries would interfere with the carrying out of this Act; and (2) the Secretary of Defense and the Comptroller General have agreed upon alternative methods of adequately auditing those contracts; the President may exempt those contracts from the requirements of that section. Contract SEC. 605. Contracts for construction made by the United States for supervision. performance within the United States and its possessions under this Act shall be executed under the jurisdiction and supervision of the Corps of Engineers, Department of the Anny, or the Bureau of Yards and Docks, Department of the Navy, unless the Secretary of Defense determines that because such jurisdiction and supervision is wli^lly impracticable such contracts should be executed under the jurisdiction and supervision of another department or Government agency, and shall be awarded, insofar as practicable, on a competitive basis to the lowest responsible bidder, if the national security will not be impaii*ed and the award is consistent wnth chapter 137 of title 10, United States Stat, 127. Code. Regulations issued by the Secretary of Defense implementing 70Au s e 230110 the provisions of this section shall provide the department or agency 2314. requiring such construction with the right to select either the Corps of Engineers, Department of the Army, or the Bureau of Yards and Docks, Department of the Navy, as its construction agent, providing that under the facts and circumstances that exist at the time of the selection of the construction agent, such selection will not result in any increased cost to the United States. The Secretaries of the mili- Reports to tary departments shall report semiannually to the President of the C o n g r e s s. Senate and the Speaker of the House of Representatives with respect to all contracts awarded on other than a competitive basis to the lowest responsible bidder. SEC. 606. (a) As of October 1, 1966, all authorizations for military R e p e a l s. public works (other than family housing) to be accomplished by the Secretary of a military department in connection with the establishment or development of military installations and facilities, and all authorizations for appropriations therefor, that are contained in Acts

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Exceptions.

PUBLIC LAW 89-188-SEPT. 16, 1965

[79 STAT.

approved before August 2, 1964, and not superseded or otherwise modified by a later authorization are repealed except— (1) authorizations for public works and for appropriations therefor that are set forth m those Acts in the titles that contain the general provisions; (2) the authorization for public works projects as to which appropriated funds have been obligated for construction contracts or land acquisitions in whole or in part before October 1, 1966, and authorizations for appropriations therefor; (3) notwithstanding the provisions of section 606 of the Act of August 1, 1964 (78 Stat. 341, 363), the authorization for the following items, which shall remain in effect until October 1, 1967: (a) operational and training facilities, maintenance facilities, supply facilities, medical facilities, administrative facilities, troop housing and community facilities, utilities and ground irnprovements in the amount of $611,000 at Fort Benning, Georgia, that is contained in title I, section 101, under heading "Inside the United States'- and subheading "Continental Army Command (Third Army) " of the Act of July 27, 1962 (76 Stat. 223). (b) operational and training facilities, maintenance facilities, administrative facilities and utilities in the amount of $833,000 at Fort Bragg, North Carolina, that is contained in title I, section 101, under heading "Inside the United States" and subheading "Continental Army Command (Third Army) " of the Act of July 27, 1962 (76 Stat. 223). (c) operational and training facilities, troop housing and community facilities, and utilities in the amount of $4,241,000 at Fort Dix, New Jersey, that is contained in title I, section 101 under heading "Inside the United States" and subheading "Continental Army Command (First Army)*' of the Act of November 7, 1963 (77 Stat. 307). (d) training facilities in the amount of $290,000 at Fort Belvoir, Virginia, that is contained in title I, section 101 under heading "Inside the Ignited States" and subheading "Continental Army Command (Second Army) " of the Act of November 7, 1963 (77 Stat. 307). (e) operational facilities, maintenance facilities, medical facilities, administrative facilities, and utilities in the amount of $236,000 at Fort Knox, Kentucky, that is contained in title I, section 101 under heading "Inside the Ignited States" and subheading "Continental Army Command (Second Army) " of the Act of November 7, 1963 (77 Stat. 307). (f) maintenance facilities in the amount of $449,000 at Fort Story, Virginia, that is contained in title I. section 101 under heading "Inside the United States" and subheading "Continental Army Command (Second A n n y) " of the Act of November 7, 1963 (77 Stat. 307). (g) maintenance facilities, medical facilities, community facilities, and utilities in the amount of $512,000 at Fort Benning, Georgia, that is contained in title I, section 101 under heading "Inside the United States'* and subheading "Continental A n n y Command (Third Anny)** of the Act of November 7, 1963 (77 Stat. 307). (h) training facilities, maintenance facilities, supply facilities, medical facilities, troop housing and utilities in the amount of $1,836,000 at Fort Bragg, North Carolina, that is contained in title I, section 101 under heading "Inside the

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United States" and subheading "Continental Army Command (Third Army) " of the Act of November 7, 1963 (77 Stat. 307). (i) operational facilities, maintenance facilities, supply facilities, medical facilities, and administrative facilities in the amount of $553,000 at Fort Campbell, Kentucky, that is contained in title I, section 101 under heading "Inside the United States" and subheading "Continental Army Command (Third Army) " of the Act of November 7, 1963 (77 Stat. 307). (j) training facilities, troop housing and community facilities in the amount of $919,000 at Fort Irwin, California, that is contained in title I, section 101 under heading "Inside the United States" and subheading "Continental Army Command (Sixth Army) " of the Act of November 7, 1963 (77 Stat. 308). (k) operational facilities, maintenance facilities, troop housing and utilities in the amount of $719,000 at various locations that is contained in title I, section 101 under heading "Inside the United States" and subheading "Army Component Commands (United States Army Air Defense Command) " of the Act of November 7, 1963 (77 Stat. 309). (1) maintenance facilities in the amount of $1,498,000 at Fort Kichardson, Alaska, that is contained in title I, under the heading "Inside the United States" and subheading "Army Component Commands (Alaska Command A r e a) " of the Act of November 7, 1963 (77 Stat. 309). (m) maintenance facilities in the amount of $721,000 at Schofield Barracks, Hawaii, that is contained in title I, under the heading "Inside the United States" and subheading "Army Component Commands (Pacific Command A r e a) " of the Act of November 7, 1963 (77 Stat. 309). (n) operational facilities, supply facilities, administrative facilities, troop housing, community facilities and utilities in the amount $968,000 at various locations that is contained in title I, section 101, under heading "Outside the United States" and subheading "Army Security Agency" of the Act of November 7, 1963 (77 Stat. 310). (o) operational facilities, maintenance facilities, supply facilities, troop housing and utilities in the amount of $5,995,000 in Germany that is contained in title I, section 101 under the heading "Outside the United States" and subheading "Army Component Commands (European Command A r e a) " of the Act of November 7, 1963 (77 Stat. 310). (p) operational facilities in the amount of $6,900,000 at various locations that is contained in title I, section 102 of the Act of November 7, 1963 (77 Stat. 310). (q) training facilities in the amount of $7,600,000 for the Naval Academy, Annapolis, Maryland, that is contained iii title II, section 201, under the heading "Service School Facilities" of the Act of November 7, 1963 (77 Stat. 314). (r) administrative facilities in the amount of $3,484000 for the Naval Research Laboratory, District of Cohnnbia, that is contained in title II, section 201, under the headinn: "Office of Naval Research Facilities" of the Act of November 7, 1963 (77 Stat. 315).

817

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Repeals.

Exceptions.

Retainment of certain lands.

63 Stat. 377, 413. 74 Stat. 186. 10 USC 2662.

Fallout protection.

Aerospace Corporation contracts,

O b s t e t r i c a l care facilities.

C l o s i n g of facilities, etc. Report to cong r e s s i o n a l committees.

PUBLIC LAW 89-l$8-SEPT. 16, 1965

[79 STAT.

(s) community facilities in the amount of $550,000 for Camp Smedley D. Butler, Okinawa, that is contained in title II, section 201, under the heading "Outside the United States" and subheading "Marine Corps Facilities" of the Act of November 7, 1963 (77 Stat. 315). (b) Effective fifteen months from the date of enactment of this Act, all authorizations for construction of family housing which are contained in this Act or any Act approved prior to August 2, 1964, are repealed except (1) the authorization for family housing projects as to which appropriated funds have been obligated for construction contracts or land acquisitions or manufactured structural component contriicts in whole or in part before such date, (2) the authorization for two hundred family housing units at a classified location contained in the Act of August 1, 1964 (78 Stat. 341, 359), and the authorization for 180 units at Site 4-S contained in the Act of August 1, 1964 (78 Stat. 341, 360). SEC. 607. (a) I t is the sense of Congress that all the land comprising the Boiling-Anacostia complex will be required for military purposes within the foreseeable future and should be retained by the Department of Defense for such use. (b) Notwithstanding the provisions of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 471 et seq.), the Housing Act of 1949, as amended (42 U.S.C. 1441 et seq.), the Act of June 8, 1960 (40 U.S.C. 2662), or any other law, no portion of the Boiling Air Force Base or the Anacostia Naval Air Station shall be determined excess to the needs of the holding agency or transferred, reassigned, or otherwise disposed of by such agency prior to July 1, 1967. SEC. 608. (a) All construction under this Act shall be designed using techniques developed by the Office of Civil Defense to maximize fallout protection, where such can be done without impairing the purpose for which the construction is authorized or the effectiveness of the structure, unless exempted from this requirement under regulations prescribed by the Secretary of Defense or his designee. (b) The Secretary of Defense shall make appropriate provision for the utilization of technical design and construction methods in the preparation of design and construction plans and in construction under this Act, to assure carrying out the purposes of this section; and for such purposes expenditures on individual projects shall not exceed one per centum of the amount authorized for that project. SEC. 609. Every contract between the Secretary of the Air Force and the Aerospace Corporation shall prohibit the construction of any facility or the acquisition of any real property by the Aerospace Corporation unless such construction or acquisition has first been authorized to the Air Force by the Congress. SEC. 610. Except in the case of hospitals authorized for construction under this or any previous Act, any military hospital hereafter constructed in the United States or its possessions shall include facilities for obstetrical care unless sound and specific justification is made by the Secretary concerned for omitting such facilities in any hospital authorized. SEC. 611. (a) No camp, post, station, base, yard or other installation under the authority of the Department of Defense shall be closed ior abandoned until after the expiration of thirty days from the date upon which a full report of the facts, including the justification for such proposed actipn, is submitted by the Secretary of Defense to the

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819

Coniniittees on Armed Services of the Senate and House of Representatives. (b) This section shall apply only to posts, camps, stations, bases, yards, or other installations that are located in the United States and Puerto Rico and have a total military and civilian complement of more than two hundred and fifty. I t shall not apply to any facility used primarily for river and harbor projects iOr flood control projects. Unit SEC. 612. None of the authority contained in titles I, II, III, and tation. cost limiIV of this Act shall be deemed to authorize any building construction project inside the I ^ i t e d States (other than Alaska) at a unit cost m excess of— (1) $32 per square foot for cold-storage warehousing; (2) $8 per square foot for regular warehousing; (3) $1,850 per man for peiTnanent barracks: (4) $8,5(X) per man for bachelor officer quarters: luiless the Secretary of Defense,or his designee determines that, because of special circumstances, application to such project of the limitations on unit costs contained in this section is impracticable. SEC. 613. The last sentence of section 2674(a) of title 10, United States Code, as amended, is amended by changing the figure ''$10,000'" 77 Stat. 328. to "$15,000". SEC. 614. Titles I, II, III, IV, V, and VI of this Act may he cited tit^i^s".""" °' as the "Military Construction Authorization Act, 1966." TITLE VII Rl':sER^E FOR C E S

FACILITIES

SEC. 701. Subject to chapter 133 of title 10, United States Code, the Secretary of Defense may establish or develop additional facilities for the Reserve Forces, including the acquisition of land therefor, but the cost of such facilities shall not exceed— (1) for Department of the A n n v: Army Xational Guard of the United States, $9,200,000. (2) for the Department of the Xavy: Xa^•al and Marine Corps Reserves, $8,890,000. (3) for Department of the Air Force: (a) Air Xational Guard of the United States, $9,000,000. (b) Air Force Reserve, $3,400,000. SEC. 702. The Secretary of the Xavy is authorized to convey to the city of Little Rock, Arkansas, without consideration, all right, title, and interest in so nnich of the land and improvements comprising the Xaval and Marine Corps Reserve Training Center, Little Rock, Arkansas, as is agreed to be required for a right-of-way for construction of a public highway, at such time as that portion of the land and improvements may no longer be required as a part of said training center. SEC. 703. The Secretary of Defense may establish or develop installations and facilities under this title without regard to section 3648 of the Revised Statutes, as amended (31 U.S.C. 529), and sections 4774(d) and 9774(d) of title 10, United States Code. The authority to place permanent or temporary improvements on land includes authority for surAeys, administration, overhead, planning, and supervision incident to construction. That, authority may be exercised before title to the land is approved under section 355 of the Revised Statutes, as amended (40 U.S.C. 255), and even though the land is

F^^^^iffJ^^ J^thor. ization Act, 1966. ^°^|c^*' '^°' 2233.

^^"'^ conv«y. ^"''^'

auwlty"''""" wa°iver of restrictions. ^^7oAstat.269.

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C i t a t i o n of title.

PUBLIC LAW 89-189-SEPT. 17, 1965

[79 STAT.

held temporarily. The authority to acquire real estate or land includes authority to make surveys and to acquire land, and interests in land (including temporary use), by gift, purchase, exchange of Government-owned land, or otherwise. SEC. 704. This title may be cited as the "Reserve Forces Facilities Authorization Act, 1966". Approved September 16, 1965.

Public Law 89-189 September 17, 1965 [H. R. 727]

C o a s t Guard Band. Administration. 77 Stat. 177.

AN ACT To provide for the administration of the Coast Guard Band.

Be it enacted by the Senate and House of Representatives of the United States of America In Congress assembled, That chapter 11 of title 1-1, United States (.^ode, is amended— (1) by adding the following new section after section 885: " (a) The United States Coast Guard Band shall be composed of a director and other personnel in such numbers and grades as the Secretary determines to be necessary. " (b) The Secretary shall designate the director from among qualified members of the Coast Guard, Upon the recommendation of the Secretary, a member so designated may be appointed by the President, by and with the advice and consent of the Senate, to a commissioned grade in the Regular Coast Guard. "(c) The initial appointment to a commissioned grade of a member designated as director of the Coast Guard Band shall be in the grade of lieutenant (junior grade) or lieutenant. " (d) A member who is designated and commissioned under this section shall not be included on the active duty promotion list. He shall be promoted under section 276 of this title. However, the grade of the director may not be higher than lieutenant commander. "(e) The Secretary may revoke any designation as director of the Coast Guard Band. When a member's designation is revoked, his appointment to commissioned grade under this section terminates and he is entitled, at his option: " (1) to be discharged from the Coast Guard; or "(2) to revert to the grade and status he held at the time of his designation as director.": and (2) by inserting the following new item in the analysis: "336. I'liited States Coast Guard Band; composition; director."
 * §336. United States Coast Guard Band; composition; director

Band director. 76 Stat. 460.

SEC. 2. Section 207 of title 87, United States Code, is amended by adding at the end: "(f) The director of the Coast Guard Band is entitled to the basic pay of an officer in the grade in which he is serving. However, his basic pay may not be less than that to which he was entitled at the time of his appointment as director." SEC. 3. Section 424 of title 37, United States Code, is amended by adding at the end: "(f) The director of the Coast Guard Band is entitled to the allowances of an officer in the grade in which he is serving. However, his allowances may not be less than those to which he was entitled at the time of his appointment as director." Approved September 17, 1965.

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821

Public Law 89-190 AN ACT

September 17, 1965

To provide for the assessing of Indian trust and restricted lands within the ^^_ElZ£i!] Lummi Indian diking project on the Lummi Indian Reservation in the State of Washington, through a drainage and diking district formed under the laws of the State.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Indian dikuig'^'roj'e''=f" trust or restricted lands within the limits of the Lummi Indian lands. diking project as established by the Act of March 18, 1926 (44 Stat. 211), may be included in, and may be assessed for operation and maintenance, betterment, and construction by, any diking and drainage district that may be formed under the diking and drainage laws of the State of Washington: Provided, That such Indian lands shall be assessed on the same basis that all other lands within the district are assessed. Such assessment may be collected in accordance with the laws of the State of Washington, except that no Indian trust or restricted lands shall be sold for the collection of an assessment without the consent of the Secretary of the Interior. If the Secretary refuses to consent to such sale, he shall pay the assessment out of any appropriation or fund available therefor. Any portion of such payment which the Secretary determines to be within the ability of the Indian owner to pay shall become a lien against the land, subject to the provisions of the Act of July 1, 1932 (47 Stat. 564). ^^ "^^ ^^^^• SEC. 2. (a) The Secretary of the Interior shall cancel all outstand- outstanding 1 ^i ,,. " ^ ,. T ... .,,. charges, canceling charges for construction, operation, and maintenance, including lation. any interest or penalties, outstanding on the date this section becomes effective. (b) All assessments against each tract of land within the project f^^^^^^" °^ which on the date of this Act is in a trust or restricted status and which have heretofore been collected for construction, operation, and maintenance, including interest and penalties, and deposited in the Treasury shall be transferred on the books of the Treasury into an account that shall be available to the Secretary of the Interior to pay any assessments hereafter made against each such tract pursuant to this Act. (c) The provisions of subsections (a) and (h) of this section shall become effective on the date of approval of the organization by the Whatcom County commissioners of the new diking and drainage district. (d) Operation and maintenance assessments shall continue to be °intenl^"eTs made but their collection shall be suspended for not to exceed two sessments. 3'ears until the new diking and drainage district is formed. If the new district is formed within such two-year period such assessments shall be canceled. If the new district is not formed within such period the assessments shall be collected with interest and penalties thereafter accruing. SEC. 3. A t such time as the diking and drainage district covering Conveyance. the Indian trust and restricted lands within the Lummi diking project shall be established under the laws of Washington and shall be in operation, the Government shall thereupon be relieved of any further responsibility of whatever nature in connection with the operation and maintenance, betterment, or construction of any dikes, structures, drains, or any appurtenant works existing on the Lummi diking project, including any responsibility for damages that may result from the failure of any dikes, drains, structures, or appurtenant works heretofore or hereafter constructed. Any equipment and funds standing to the credit of the Lummi diking project on the books of the Secretary of the Interior at such time shall be paid and turned over

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Hunting and fishing r i g h t s.

PUBLIC LAW 89-191-SEPT. 17, 1965

[79

STAT.

to such diking and drainage district if the owners of nonrestricted lands in the new district contribute an amount equal to the value of such equipment and funds. Any right, title, or interest of the United States in and to any of the dikes or other structures erected as part of the Lummi diking project, and the lands on which they are located, shall be deemed to be conveyed to the county of Whatcom, State of Washington, for the use and benefit of such diking and drainage district on the date the district is organized. The Bureau of Indian Affairs is directed to make available to such diking and drainage district or to the county of Whatcom any information, data, or documents which may assist in its organization or operation. SEC. 4. Nothing in this Act shall be construed to affect the Lummi Indians' hunting or fishing rights. Approved September 17, 1965.

Public Law 89-191 September 17, 1965 [H. R. 725]

Coast Guard. 63 Stat. 501.

AN ACT To clarify the responsibility for marking of obstructions in navigable waters.

Be it eTMCted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 86 of title 14, United States Code, is amended to read as follows: "§ 86. Marking of obstructions "The Secretary may mark for the protection of navigation any sunken vessel or other obstruction existing on any navigable waters of the United States in such manner and for so long as, in his judgment, the needs of maritime navigation require. The owner of such an obstruction shall be liable to the United States for the cost of such marking until such time as the obstruction is removed or its abandonment legally established or until such earlier time as the Secretary may determine. All moneys received by the United States from the owners of obstructions, in accordance with this section, shall be covered into the Treasury of the United States as miscellaneous receipts. This section shall not be construed so as to relieve the owner of any such obstruction from the duty and responsibility suitably to mark the same and remove it as required by law." Approved September 17, 1965. Public Law 89-192

September 21, 1965 [S. J. R e s. 89]

Mary McLeod Bethune memorial.

JOINT RESOLUTION Extending for two years the existing authority for the erection in the District of Columbia of a memorial to Mary McI^ecKl Bethune.

Resolved by the Semite and House of RepreserUaftves of the United States of America m Congress assembled, That, effective June 1, 1965, the last sentence of the joint resolution entitled "Joint resolution authorizing the erection in the District of Columbia of a memorial to Mary McLeod Bethune", approved June 1, 1960 (74 Stat. 154), is amended by striking out "within five years" and inserting in lieu thereof "within seven years*'. Approved September 21, 1965.

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PUBLIC LAW 89-194-SEPT. 21, 1965

823

Public Law 89-193 AN ACT

September 2 I, 1965

To amend section 100 of title 37, United States Code, tt) authorize the Secretary concerned, under certain conditions, to make payment of pay and allowances to members of an armed force under his jurisdiction before the end of the pay l>eriod for which such payment is due.

[H. R. 3O39]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1006 ^"^^^ a°cia^^' of title 37, United States Code, is amended by adding the following authorization. ' new subsection after subsection (f): 76 Stat. 490. " (g) Notwithstanding section 529 of title 31, the Secretary concerned may, wheji the last day of the pay period falls on a Saturday, Sunday, or legal holiday, authorize the payment of pay and allowances to members of an armed force under his jurisdiction on the preceding workday but not more than three days before the last day of that pay period. If a member dies after he has received an advance payment under this subsection, but before the last day of the pay period for which the payment is made, no pait of the amount so advanced is recoverable by the United States." Approved September 21, 1965.

Public Law 89-194 AN ACT

September 21, 1965

To amend section 27, Merrhant Marine Act of 102, as amended (46 T'.S.C. 883).

[H. R. 5989]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress a-ssembled, That section 27, Mer- E ^ ty^ckrgo m chant Marine Act of 1920, as amended (46 U.S.C. 883), is further vans.^transporta. amended by striking out the period at the end thereof and inserting ^'•°^^ 442. 49 Stat. in lieu a colon and the following proviso: ^''Provided further, That upon such terms and conditions as the Secretary of the Treasury by regulation may prescribe, and, if the transporting vessel is of foreign registry, upon a finding by the Secretary of the Treasury, pursuant to infonnation obtained and furnished by the Secretary of State, that the government of the nation of registry extends reciprocal privileges to vessels of the United States, this section shall not apply tx) the transportation of empty cargo vans, empty lift vans, and empty shipping tanks by vessels of the United States not qualified to engage m the coastwise trade, or by vessels of foreign registry, so long as such vans or tanks are owned or leased by the owner or operator of the transporting vessels and are being transported for use m the carriage of cargo in foreign trade." Approved September 21, 1965.

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PUBLIC LAW 89-195-SEPT. 21, 1965

[79 STAT.

Public Law 89-195 September 21, 1965

^^- ^°]

AN ACT

To provide for the establishment of the Assateague Island National Seashore in the States of Maryland and Virginia, and for other purposes.

Be it enacted by the Senate and House of Representatives of the Assateague Is- United Sttttes of AmeHca in Congress assembled, That for the purse"thlr*e'°JM.-va. P^se of protecting and developing Assateague Island in the States Estabirshment, of Maryland and Virginia and certain adjacent waters and small marsh islands for public outdoor recreation use and enjoyment, the Assateague Island National Seashore (hereinafter referred to as the "•seashore") shall be established and administered in accordance with the provisions of this Act. The seashore shall comprise the area within Assateague Island and the small marsh islands adjacent thereto, together with the adjacent water areas not more than one-half mile beyond the mean high waterline of the land portions as generally depicted on a map identified as "Proposed Assateague Island National Seashore, Boundary Map, NS-AI-7100A, November, 1964", which map shall be on file and available for public inspection in the offices of the Department of the Interior. Acquisition of SEC. 2. (a) Withlu the boundaries of the seashore, the Secretary lands, etc. ^^ ^^ Interior (hereinafter referred to as the "Secretary") is authorized to acquire lands, waters, and other property, or any interest therein, by donation, purchase with donated or appropriated funds, exchange, or in such other method as he may find to be in the public interest. The Secretary is authorized to acquire, by any of the above methods, not to exceed ten acres of land or interests therein on the mainland in Worcester County, Maryland, for an administrative site. In the case of acquisition by negotiated purchase, the property owners shall be paid the fair market value by the Secretary. Any property or interests therein owned by the States of Maryland or Virginia shall be acquired only with the concurrence of such owner. Notwithstanding any other provision of law, any Federal property located within the boundaries of the seashore and not more than ten acres of Federal property on the mainland in Worcester County, Maryland, may, with the concurrence of the agency having custody thereof, be transferred without consideration to the administrative jurisdiction of the Secretary for purposes of the seashore. Exchange of (b) Wheu acquiring lands by exchange, the Secretary may accept properties. title to any non-Federal property within the boundaries of the seashore and to not more than ten acres of non-Federal property on the mainland in Worcester County, Maryland, and convey to the grantor of such property any federally owned property under the jurisdiction of the Secretary which he classifies as suitable for exchange or other disposal, and which is located in Maryland or Virginia. The properties so exchanged shall be approximately equal in fair market value, but the Secretary may accept cash from or pay cash to the grantor in order to equalize the values of the properties exchanged. Bridge acquisi^(j) The Secretary is authorized to acquire all of the right, title, tion. or interest of the Chincoteague-Assateague Bridge and Beach Authority, a political-subdivision of the State of Virginia, in the bridge constructed by such authority across the Assateague Channel, together with all lands or interests therein, roads, parking lots, buildings, or other real or personal property of such authority, and to compensate the authority in such amount as will permit it to meet its valid outstanding obligations at the time of such acquisition. Payments by the Secretary shall be on such terms and conditions as he shall consider to be in the public interest. Any of the aforesaid property outside the

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PUBLIC LAW 89-195-SEPT. 21, 1965

825

boundaries of the national seashore, upon acquisition by the Secretary, shall be subject to his administration for purposes of the seashore. (d) Owners of improved property acquired by the Secretary may reSncyTnd'^^ reserve for themselves and their successors or assigns a right of use hunting. and occupancy of the improved property for noncommercial residential purposes or for hunting purposes, as hereinafter provided, for a term that is not more than twenty-five years. In such cases, the Secretary shall pay to the owner of the property the fair market value thereof less the fair market value of the right retained by such owner: Provided, That such use and occupancy shall be subject to general rules and regulations established by the Secretary with respect to the outward appearance of any buildings on the lands involved. The term "improved property" as used in this Act shall mean (1) any J^^y?'"^^'^ ^'°'^ single-family residence the construction of which was begun before January 1, 1964, and such amount of land, not in excess of three acres, on which the building is situated as the Secretary considers reasonably necessary to the noncommercial residential use of the building, and (2) any property fronting on the Chincoteague Bay or Sinepuxent Bay, including the offshore bay islands adjacent thereto, that is used chiefly for hunting and continues in such use: Provided, That the Secretary may exclude from improved properties any marsh, beach, or waters, together with so much of the land adjoining such marsh, beach, or waters as he deems necessary for Dublic use or public access thereto. SEC. 3. (a) If the bridge from Shandy Point to Assateague Island tifn c'^sts!""^*'"'^ is operated by the State of Maryland as a toll-free facility, the Secre- compensation to tary is authorized and directed to compensate said State in the amount Maryland. of two-thirds of the cost of constructing the bridge, including the cost of bridge approaches, engineering, and all other related costs, but the total amount of such compensation shall be not more than $1,000,000; and he is authorized to enter into agreements with the State of Maryland relating to the use and management of the bridge. (b) The State of Maryland shall have the right to acquire or lease from the United States such lands, or interests therein, on the island north of the area now used as a State park as the State may from time to time determine to be needed for State park purposes, and the Secretary is authorized and directed to convey or lease such lands, or interests therein, to the State for such purposes upon terms and conditions which he deems will assure its public use in harmony with the purposes of this Act. In the event any of such terms and conditions are not complied with, all the property, or any portion thereof, shall, at the option of the Secretary, revert to the United States in its then existing condition. Any lease hereunder shall be for such consideration as the Secretary deems equitable; and any conveyance of title to land hereunder may be made only upon payment by the State of such amounts of money as were expended by the United States to acquire such land, or interests therein, and upon payments of such amounts as will reimburse the United States for the cost of any improvements placed thereon by the United States, including the cost to it of beach protection: Provided, That reimbursement for beach protection shall not exceed 30 per centum, as determined by the Secretary, of the total cost of the United States of such protection work. SEC. 4. Wlien the Secretary determines that land, water areas, or Y^^^rli^^°i'steT interests therein within the area generally depicted on the map referred to in section 1 are owned or have been acquired by the United States in sufficient quantities to provide an administrable unit, he shall declare the establishment of the Assateague Island National Seashore by publication of notice thereof in the Federal Register, Such notice shall contain a refined description or map of the boundaries of (he seashore as the Secretary may find desirable, and the ex':erior 49-850 0-66—55

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826

Hunting and fishing provisions.

Administration.

Construction.

STAT.

boundaries shall encompass an area as nearly as practicable identical to the area described in section 1 of this Act. SEC. 5. The Secretary shall permit hunting and fishing on land and waters under his control withm the seashore in accordance with the appropriate State laws, to the extent applicable, except that the Secretary may designate zones where, and establish periods when, no hunting or fishing shall be permitted for reasons of public safety, administration, fish or wildlife management or public use and enjoyment: Provided, That nothing in this Act shall limit or interfere with the authority of the States to permit or to regulate shellfishing in any waters included in the national seashore: Provided further, That nothing in this Act shall add to or limit the authority of the Federal Government in its administration of Federal laws regulating migratory waterfowl. Except in emergencies, any regulations of the Secretary pursuant to this section shall be put into effect only after consultation with the appropriate State agency responsible for hunting and fishing activities. The provisions of this section shall not apply to the Chincoteague National Wildlife Refuge. SEC. 6. (a) Except as provided in subsection (b) of this section, the Secretary shall administer the Assateague Island National Seashore for general purposes of public outdoor recreation, including conservation of natural features contributing to public enjoyment. I n the administration of the seashore and the administrative site the Secretary may utilize such statutory authorities relating to areas administered and supervised by the Secretary through the National Park Service and such statutory authority otherwise available to him for the conservation and management of natural resources as he deems appropriate to carry out the purposes of this Act. (b) Notwithstanding any other provision of this Act, land and waters in the Chincoteague National Wildlife Refuge, which are a )art of the seashore, shall be administered for refuge purposes under aws and regulations applicable to national wildlife refuges, including administration for public recreation uses in accordance with the provisions of the Act of September 28, 1962 (Public Law 87-714; 76 Stat. 653). SEC. 7. (a) I n order that suitable overnight and other public accommodations on Assateague Island will be provided for visitors to the seashore, the Secretary shall select and set aside one or more parcels of land in Maryland having a suitable elevation in the area south of the island terminus of the Sandy Point-Assateague Island Bridge, the total of which shall not exceed six hundred acres, and the public use area on the Chincoteague National Wildlife Refuge now operated by the Chincoteague-Assateague Bridge and Beach Authority of the Commonwealth of Virginia, and shall provide or allow the provision of such land fill within the areas selected as he deems necessary to permit and protect permanent construction work thereon: Provided, That the United States shall not be liable for any damage that may be incurred by persons interested therein by reason of the inadequacy of the fill for the structures erected thereon. (b) Within the areas designated under subsection (a) of this section the Secretary shall permit the construction by private persons of suitable overnight and other public accommodations for visitors to the seashore under such terms and conditions as he deems necessary in the public interest and in accordance with the laws relating to concessions within the national park system. (c) The site of any facility constructed under authority of this section shall remain the property of the United States. Each privately constructed concession facility, whether within or outside of an area designated under subsection (a) of this section, shall be

{ 16 USC 460k460k-4. Public accommodations.

[79

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PUBLIC LAW 89-196-SEPT. 21, 1965

827

mortgageable, taxable, and subject to foreclosure proceedings, all in accordance with the laws of the State in which it is located and the political subdivisions thereof. (d) The Secretary shall make such rules and regulations as may be necessary to carry out this section. (e) Nothing in this section shall be deemed to restrict or limit any other authority of the Secretary relating to the administration of the seashore. SEC. 8. The Secretary of the Interior and the Secretary of the Army contrM!" etc°"'°" shall cooperate in the study and formulation of plans for beach erosion control and hurricane protection of the seashore; and any such protective works that are undertaken by the Chief of Engineers, Department of the Army, shall be carried out in accordance with a plan that is acceptable to the Secretary of the Interior and is consistent with the purposes of this Act. SEC. 9. (a) The Secretary of the Interior is authorized and directed tio^°ancrmainte!' to construct and maintain a road from the Chincoteague-Assateague nance. Island Bridge to the area in the wildlife refuge that he deems appropriate for recreation purposes. (b) The Secretary of the Interior is authorized and directed to construct a road, and to acquire the necessary land and rights-of-way therefor, from the Chincoteague-Assateague Island Bridge to the Sandy Point-Assateague Bridge in such manner and in such location as he may select, giving proper consideration to the purpose for which the wildlife refuge was established and the other purposes intended to be accomplished by this Act. SEC. 10. The Secretary of the Interior is authorized to purchase from a public utility any facilities of that utility which are no longer of value to it as a result of the establishment of the Assateague Island National Seashore and shall pay for such facilities an amount equal to the cost of constructing such facilities less depreciation. SEC. 11. There are hereby authorized to be appropriated the sum authorTJ^uon°" of not more than $16,250,000 for the acquisition of lands and interests in land and such sums as may be necessary for the development of the area authorized under this Act. Approved September 21, 1965. Public Law 89-196 JOINT RESOLUTION September 21, iges To authorize funds for the Commission on Law Enforcement juul Administration [S.J. Res. 102] of Justice and the District of Columbia Commission t)n Crime and Law Enforcement.

AVhereas the President by Executive Order 11236 on July 28, 1965, 3° ^- ^- -'''*^established the Commission on Law Enforcement and Administration of Justice to study crime in the United States and to recommend ways to reduce and prevent it; and Whereas the President by Executive Order 11284 011 Julv 16, 1965, ^o F. R. 9049. established the Commission on Crime in the District of Columbisi to study the causes of crime and delinquency in the District of Columbia; and Whereas there has been a steady increase in crime in the Nation as well as in the District of Columbia: and Whereas there is a need to ascertain its causes and to develop methods

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PUBLIC LAW 89-197-SEPT. 22, 1965

[79 STAT.

which can be undertaken by Federal, State, and local governments to combat such crime: Therefore be it Crime commissions.

Appropriation,

Resolced by the Senate and House of Repreiientat'ives of the United States of America in Congreas assembled. That there is hereby authorized to be appropriated the sum of $1,500,000 for the expenses of both the Commission on Law Enforcement and Administration of Justice and the District of Columbia Commission on Crime and Law Enforcement. Approved September 21, 1965.

Public Law 89-197 September 22, 1965

AN ACT

^ • • ^"^^-^

To provide assistance in training State and local law enforcement officers and other personnel, and in improving capabilities, techniques, and practices in State and local law enforcement and prevention and control of crime, and for other puriwses.

Be it enacted by the Senate and House of Representatives of the As^s^r f "^rAcr^r ^^^^'^^^ States of America in Congress assembled, That this Act may 1965.^ ^"''^ '^ ° be cited as the "Law Enforcement Assistance Act of 1965." state and local g]EC. 2. For the purpose of improving the quality of State and local ^^raFni^ng grants, l^w enforcement and correctional personnel, and personnel employed or preparing for employment in programs for the prevention or control of crime, the Attorney General is authorized to make grants to, or to contract with, any public or private nonprofit agency, organization or institution for the establishment (or, where established, the improvement or enlargement) of programs and facilities to provide professional training and related education to such personnel. state and local gj,^.^ 3^ YoT the purpose of improving the capabilities, techniques, Grants'for im^ud practices of State and local agencies engaged in law enforcement, provement projtliG administration of the criminal laws, the correction of offenders ects or the prevention or control of crime, the Attorney General is authorized to make grants to, or contract with, any public or private nonprofit agency, organization, or institution for projects designed to promote such purposes, including, but not limited to, projects designed to develop or demonstrate effective methods for increasing the security of person and property, controlling the incidence of lawlessness, and promoting respect for law. ^r°p"Hl!°r '^"'^ ^^^- ^- 'T^^ Attorney General may arrange with and reimburse the other Federal heads of other Federal departments or agencies for the performance agencies of any of his functions under this Act, and, as necessary or appropriate, delegate any of his powers under this Act with respect to any program or part there<of, and authorize the redelegation of such powers. Administration. SEC. 5. (a) The Attorney General or his delegate shall require, wherever feasible, as a condition of approval of a grant under this Act, that the recipient contribute money, facilities, or services for carrying out the project for which such grant is sought. The amount of such contribution shall be determined by the Attorney General or his delegate. (b) The Attorney General is authorized to prescribe regulations establishing criteria pursuant to which grants may be reduced for such programs, facilities, or projects as have received assistance under section 2 or 3 for a period Drescribeid in such regulations. (c) Payments under section 2 or section 3 may be made in installments, and in advance or by way of reimbursement, as may be deter-

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829

PUBLIC LAW 89-197-SEPT. 22, 1965

mined by the Attorney General or his delegate, and shall be made on such conditions as he finds necessary to carry out the purpose of section 2 or section 3, as the case may be. (d) Payments under section 2 may include such sums for stipends and allowances i n c l u d i n g travel and subsistence exioenses) for trainees as are found necessary by the Attorney General or his delegate. SEC. 6. (a) The Attorney General is authorized to make studies with respect to matters relating to law enforcement organization, techniques and practices, or the prevention or control of crime, including the effectiveness of projects or programs carried out under this Act, and to cooperate with and render technical assistance to State, local or other public or private agencies, organizations, and institutions in such matters. (b) The Attorney General is authoriajed to collect, evaluate, publish, and disseminate information and materials relating to studies conducted under this Act, and other matters relating to law enforcement organization, techniques and practices, or the prevention or control of crime, for the benefit of the general public or of agencies and personnel engaged in programs concerning these subjects, as may be appropriate. SEC. 7. Nothing contained in this Act shall be construed to authorize any department, agency, officer or employee of the United States to exercise any direction, supervision or control over the organization, administration or personnel of any State or local police force or other law enforcement agency. SEC. 8. (a)(1) The Attorney General is authorized to appoint such technical or other advisory committees to advise him in connection with the administration of this Act as he deems necessary. (2) Members of any such committee not otherwise in the employ of the United States, while attending meetings of their committee, shall be entitled to receive compensation at a rate to be fixed by the Attorney General, 'but not exceeding $50 per diem, including traveltime, and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law (5 XJ.S.C. 73b-2) for persons in the Government service employed intermittently. (b) As used in this Act, the term "State" includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa. SEC. 9. The Attorney General shall carry out the programs provided for in this Act during the fiscal year ending June 30, 1966, and the two succeeding fiscal years. SEC. 10. For the purpose of carrying out this Act, there is hereby authorized to be appropriated the sum of $10,000,000 for the fiscal year ending June 30, 1966; and for the fiscal year ending June 30, 1967, and the fiscal year ending June 30, 1968, such sums as the Congress may hereafter authorize. SEC. 11. On or before April 1, 1966, and each year thereafter, the Attorney General shall report to the President and to the Congress on his activities pursuant to the provisions of this Act. Approved September 22, 1965.

s t i p e nds and allowanc e s for trainees. Studies.

Limitation,

Advisory committees.

Compensation.

60 Stat. 808; 75 Stat. 339, 340. "State."

Appropriation.

Report to P r e s i dent and Congress.

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PUBLIC LAW 89-198-SEPT. 22, 1965

[79

STAT.

Public Law 89-198 September 22, 1965 [H. R. 8333]

Armed Forces. C a s h awards program. 70A Stat. 88.

Armed Forces operations.

U.S. Government operations.

A c c e p t a n c e provisions.

Available funds.

Limitation.

AN ACT To amend title 10, United States Code, to provide for the establishment of a program of cash awards for suggestions, inventions, or scientific achievements by members of the armed forces which contribute to the eflSciency, economy, or other improvement of Government operations.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter 57 of title 10, United States Code, is amended— (1) by adding the following new section at the end thereof: "§ 1124. Cash awards for suggestions, inventions, or scientific achievements " (a) The Secretary of Defense, or the Secretary of the Treasury with respect to the Coast Guard when it is not operating as a service in the Navy, may authorize the payment of a cash award to, and incur necessary expense for the honorary recognition of, a member of the armed forces under his jurisdiction who by his suggestion, invention, or scientific achievement contributes to the efficiency, economy, or other improvement of operations or programs relating to the armed forces. " (b) Whenever the President considers it desirable, the Secretary of Defense, and the Secretary of the Treasury with respect to the Coast Guard when it is not operating as a service in the Navy, are authorized to pay a cash award to, and incur necessary expense for the honorary recognition of, a member of the armed forces who by his suggestion, invention, or scientific achievement contributes to the efficiency, economy, or other improvement of operations of the Government of the United States. Such award is in addition to any other award made to that member under subsection (a). "(c) An award mider this section may be paid notwithstanding the member's death or separation from the armed force concerned, but only if the suggestion, invention, or scientific achievement forming the basis for the award was made while he was on active duty. " (d) A cash award under this section is in addition to the pay and allowances of the recipient. The acceptance of such an award shall constitute— "(1) an agreement by the member that the use by the United States of any idea, method, or device for which the award is made may not be the basis of a claim against the United States by the member, his heirs, or assigns, or by any person whose claim is alleged to be derived through the member; and "(2) a warranty by the member that he has not at the time of acceptance transferred, assigned, or otherwise divested himself of legal or equitable title in any property ri^ht residing in the idea, method, or device for which the award is made. "(e) Awards to, and expenses for the honorary recognition of, members of the armed forces under this section may be paid from (1) the funds or appropriations available to the activity primarily benefiting; or (2) the several funds or appropriations of the various activities benefiting, as may be determined by the President for awards under subsection (b), and by the Secretary concerned for awards under subsection (a). " (f) The total amount of the award, or awards, made under this section for a suggestion, iiiA-ention, or scientific achievement may not exceed $25,000, regardless of the inimber of persons who may be entitled to share therein. " (g) Awards under this section shall be made under regulations to be prescribed by the Secretary of Defense, or by the Secretary of

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PUBLIC LAW 89-199-SEPT. 23, 1965

831

the Treasury with resi^ect to the Coast Guard when it is not c ^ r a t i n g as a service m the Xavy. The Secretary of Defense and the Secretary to PrlsT^en^and of the Treasury shall send to the President annually for transmittal congress. to Congress a program ]'eport, with appropriate recommendations, on the awards program. . Eligibility " (h) For the purposes of this section, a member of the Commis- ^^^^ ^'^^ sioned Corps of the Environmental Science Services Administration ^ - Por of the Public Healtli Service who is serving with an armed force shall l>e treated as if he were a member of that aimed force."; and (2) by julding the following new item at the end of the analj'sis: "1124. ("ash juviinls for sn^iwstioiis. inventions, or scientific achievements." Approved September 22, 1965. Public Law 89-199 AN ACT

Making supplemental appropriations for the Departments of Labor, and Health, Education, and Welfare for the fiscal year ending June.30, 1966, and for other purijoses.

September 23, 1965 [ • R- IO-J86]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following i^^hor^^nduealth, sums are appropriated out of any money in the Treasury not otherwise Education, and appropriated, to supply supplemental appropriations lor the Depart- welfare suppie. 4.

£T

U

J TT

lA

TTiJ

i.-

J TTT ^£

/±.^ •

 * j.^

mental Appropria-

ments oi Labor, and Health, Lducation, and V eliare (this Act may tion Act, igee. V be cited as the "Departments of Labor, and Health, Education, and Welfare Supplemental Appropriation Act, 1966'") for the fiscal year ending June 30, 1966, and for other purposes, namely: CHAPTER I DEPARTMENT OF LABOR MANPOWER ADMINISTRATION MANPOWER DEVELOPMENT AND TRAINING ACTIVITIES

For an additional amount for "Manpower development and training activities", $126,070,000. OFFICE o r MANPOWER ADMINISTRATOR, SALARIES A N D EXPENSES

For an additional amount for "Office of Manpower Administrator, salaries and expenses*', $27,535,800. BUREAU OF APPRENTICESHIP. \ N D TRAINING, S.\L.\RlExS AND EXPENSES

For an additional amount for "Bureau of Apprenticesliip and Training, salaries and expenses", $353,000. BUREAU OF EMPLOYMENT SECURITY. SALARIES AND EXPENSES

For an additional amount for "Bureau of Employment Security, salaries and expenses", $844,200.

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PUBLIC LAW 89-199-SEPT. 23, 1965

[79 STAT.

OFFICK OF THE SECRETARY SALARIES AND EXPF^SES, ACTIVITIES RELA'ITNG H) ADMISSION EMPLOYMENT IN AORICI'LTTRB OF NONIMMKJRANT ALIENS

66 Stat. 189.

AND

For expenses necessary for the performance of such functions as the Secretary of Labor deems necessary to assure, in connection with the admission of nonimmigrant aliens under the Immigration and Kationality Act (8 LT.S.C. 1184) for employment in agriculture, that maximum efforts are made to recruit and retain agricultural workers for available job opportunities, that domestic workers are given preference in employment over alien workers, and that the employment of alien workers does not adversely affect the wages and working conditions of workers in this country, $1,723,000. CHAPTER II

DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE OFFICE OF EDUCATION ELEMENTARY AND SECONDARY EDUCATIONAL ACTIVITIES

Ante, p. 27.

For grants and payments under title II of the Act of September 30, 1950, as amended by title I of the Elementary and Secondary Education Act of 1965, and under titles II, III, and V of said 1965 Act, $967,000,000, of which $775,000,000 shall be for meeting the special educational needs of educationally deprived children under title II of the Act of September 30, 1950, as amended: Provided, That determinations and payments under such title shall be on the basis of the amount authorized to be appropriated for such title, $100,000,000 shall be for school library resources, textbooks, and other instructional materials under title II of said Elementary and Secondary Education Act of 1965, $75,000,000 shall be for supplementary educational centers and services under title III of said Act, and $17,000,000 shall be for strengthening State departments of education under title V of said Act. RESEARCH A N D T R A I N I N G

Ante. p. 44.

Ante, p. 595.

For research, surveys, training, dissemination of information, and demonstrations in education as authorized by the Act of July 26, 1954 (20 U.S.C. 331-332), as amended by title IV of the Elementary and Sccoudary Education Act of 1965, $45,000,000, of which not to exceed $20,000,000 shall remain available until expended for construction of regional facilities for research and related purposes under section 4 of such Act: Provided, That funds appropriated in the Department of Health, Education, and Welfare Appropriation Act, 1966, under the heading "Cooperative research", shall be transferred to and merged with this appropriation. SALARIES AND

EXPENSES

For an additional amount for "Salaries and expenses", $4,050,000. VOCATIONAL REHABILITATION ADMINISTRATION RESEARCH AND TRAINING

For an additional amount for "Research and training", $6,100,000.

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PUBLIC LA\^ 89-199-SEPT. 23, 1965

833

SALARIES A N D E X P E N S E S

For an additional amount for "Salaries and expenses", $70,000. PUBLIC H E A L T H

SERVICE

C H R O N I C D I S E A S E S A N D H E A L T H O F THE AGED

For an additional amount for "Chronic diseases and health of the aged", $12,800,000. C O M M U N I C A B L E DISEASE

ACTIVITIES

For an additional amount for "Communicable disease activities", $1,000,000. COMMUNITY H E A L T H PRACTICE A N D RESEARCH

For an additional amount for "Community health practice and research", $2,700,000. N A T I O N A L INSTITUTE OF GENERAL MEDICAL

SCIENCES

For an additional amount for "National Institute of General Medical Sciences", $4,550,000. NATIONAL

For an additional $5,150,000.

CANCER

amount for "National

NATIONAL HEART

For an additional $5,050,000.

INSTITUTE

amount

Cancer

Institute",

Heart

Institute",

INSTITUTE

for "National

N A T I O N A L INSTITUTE OF NEUROLOGICAL DISEASES A N D B L I N D N E S S

For an additional amount for "National Institute of Neurological Diseases and Blindness", $5,500,000. ADMINISTRATION ON AGING

For grants for community planning, services, and training, and for grants and contracts for research and development projects and training projects, and for consultative services, technical assistance, training and other services, relating to programs for the aged and aging, and for salaries and expenses in connection therewith, $7,000,000, as authorized by the Older Americans Act of 1965: Provided, That upon establishment of the Administration on Aging, any funds appropriated in the Department of Health, Education, any Welfare Appropriation Act, 1966, under the head "Salaries and expenses, Oi&ce of Aging" shall be transferred to and merged with this appropriation. OFFICE OF THE SECRETARY OFFICE OF AUDIT, SALARIES AND EXPENSES

For an additional amount for "Office of Audit, salaries and expenses", $180,000.

^" P- ^^^• ^"'°' P- ^°^-

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PUBLIC LAW 89-200-SEPT. 25, 1965

[79 STAT.

OFFICE OF THE GENERAL C O U N S E L, SALARIES A N D E X P E N S E S

For an additional amount for "Office of the General Counsel, salaries and expenses", $85,500. N A T I O N A L T E C H N I C A L INSTITUTE FOR THE DEAF

Ante,

p. 125.

For carrying out the National Technical Institute for the Deaf Act (Public Law 89-36), $420,000, to remain available until expended. GENERAL PROVISION

Ante, p. 609,

SEC. 201. The provisions of section 207 of the Department of Health, Education, and Welfare Appropriation Act, 1966, Public Law 89-156, shall apply to the items contained in this chapter. Approved September 23, 1965.

Public Law 89-200 September 25, 1965

[H. R. 7779] C o a s t Guard Reserve. E n l i s t e d memb e r s, retirement. 63 Stat. 552.

AN

ACT

To provide foi' the retireuient of enlisted members of the ('(»nst Guard Reserve. Be it enacted by the Semite and House of Repre>fentatives of the United Statefi of America in Congre-'is tu-sembled, That section 755(e) of title 14, United States Code, is amended to i"ead as follows: ''(e) Members of the Coast (luard Reserve, except enlisted members retiring on the basis of years of active service, shall be entitled to the same retirement benefits as prescribed by law for personnel of the Naval Reserve, and wherever any such law confere authority upon the Secretary of the Navy, similar authority shall be deemed given to the Secretary of the Treasury to be exercised with respect to the Coast Guard when the (Vast Guard is operating under the Treasury Department.?Lnlisted members of the Coast Guard Reser^'e requesting retirement.on the basis of years of active service shall be entitled to the same retirement rights, benefits, and privileges as pres<.*ribed by law for enlisted members of the Regular Coast (juard.*' Approved September 25, 1965. Public Law 89-201

September 25, 1965 [H. R. 8761]

Lighthouse Service. Retirement pay, increase. 40 Stat. 608. 33 USC 763.

AN ACT To provide an increase in the retired pay of certain members of the former Lighthouse Service. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the annual rate of retired pay of each person retired prior to January 1, 1963, under section 6 of the Act of June 20, 1918, as amended and supplemented, shall be increased by 6.5 per centum, effective on the first day of the first calendar month following the date of enactment of this Act. Approved September 25, 1965.

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 79 STAT. ]

PUBLIC LAW 89-202-SEPT. 25, 1965

835

Public Law 89-202 AN ACT

September 25, 1965

Making appropriations for military construction for the Department of Defense for the fiscal year ending June 30, 1966, and for other purposes.

[H. R. io323]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following struction^AJjp^. sums are appropriated, out of any money in the Treasury not other- priation Act, 1966. wise appropriated, for the jfiscal year ending June 30, 1966, for military construction functions administered by the Department of Defense, and for other purposes, namely: MILITARY CONSTRUCTION, ARMY

For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, and facilities for the Army as currently authorized in military public works or military construction Acts, and in sections 2673 and 2675 of title 10, United States Code, $323,443,000, to remain available until expended, j/g^g^*^'- *'*^^' MILITARY CONSTRUCTION, NAVY

For acquisition, construction, installation, and equipment of temporary or permanent public works, naval installations, and facilities for the Navy as currently authorized in military public works or military construction Acts, in Public Law 88-637, and in sections 2673 and 2675 of title 10, United States Code, including personnel in the Bureau of Yards and Docks and other personal services necessary for the purposes of this appropriation, $316,305,000, to remain available until expended. MILITARY CONSTRUCTION, A I R FORCE

For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, and facilities for the Air Force as currently authorized in military public works or military construction Acts, in sections 2673 and 2675 of title 10, United States Code, $348,273,000, to remain available until expended: Provided, That $4,401,000 heretofore appropriated under this head to be used only for the construction of solar facilities at Holloman Air Force Base, may be used for any of the purposes of this appropriation. MILITARY CONSTRUCTION, DEFENSE AGENCIES

For acquisition, construction, installation and equipment of temporary or permanent public works, installations and facilities for activities and agencies of the Department of Defense (other than the military departments and the Office of Civil Defense), as currently authorized m military public works or military construction Acts, and in sections 2673 and 2675 of title 10, United States Code, $64,268,000, to remain available until expended; and, in addition, not to exceed $20,000,000 to be derived by transfer from the appropriation "Research, development, test, and evaluation. Defense Agencies" as determined by the Secretary of Defense: Provided, That such amounts of this appropriation as may be determined by the Secretary of Defense may be transferred to such appropriations of the Department of Defense available for military construction as he may designate.

78 Stat. 1034.

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Page:United States Statutes at Large Volume 79.djvu/876

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PUBLIC LAW 89-202-SEPT. 25, 1965

[79 STAT.

MILITARY CONSTRUCTION, A R M Y NATIONAL, GUARD

70A Stat. 120. 2238.

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army National Guard, and contributions therefor, as authorized by chapter 133 of title 10, United States Code, as amended, and the Keserve Forces Facilities Acts, $10,000,000, to remain available until expended. MILITARY CONSTRUCTION, A I R NATIONAL GUARD

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air National Guard, and contributions therefor, as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $10,000,000, to remain available until expended. MILITARY CONSTRUCTION, NAVAL EESERVE

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the reserve components of the Navy and Marine Corps, as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $9,500,000, to remain available until expended. MILITARY CONSTRUCTION, A I R FORCE RESERVE

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air Force Reserve as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $4,000,000, to remain available until expended. LoRAN

STATIONS, DEFENSE

For construction of additional loran stations by the Coast Guard, $5,000,000, to remain available until expended, which shall be transferred on approval of the Secretary of Defense to the appropriation, "Acquisition, construction, and improvements", Coast Guard. F A M I L Y HOUSING, DEFENSE

76 Stat. 236.

For expenses of family housing for the Army, Navy, Marine Corps, Air Force, and Defense agencies, for construction, including acquisition, replacement, addition, expansion, extension and alteration, and for operation, maintenance, and debt payment, including leasing, minor construction, principal and interest charges and insurance premiums, as authorized by law, $665,846,000, to be obligated and expended in the Family Housing Management Account established pursuant to section 501(a) of Public Law 8Y-554, in not to exceed the following For the Army: Construction, $39,845,000; Operation, maintenance, $132,477,000; Debt payment, $48,172,000. For the Navy and Marine Corps: Construction, $65,862,000; Operation, maintenance, $65,487,000; Debt payments, $31,325,000.

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PUBLIC LAW 89-202-SEPT. 25, 1965

837

For the Air Force: Construction, $70,934,000; Operation, maintenance, $119,662,000; Debt payment, $89,387,000. For Defense agencies: Construction, $406,000; Operation, maintenance, $2,289,000. Provided, That the amounts provided under this head for construction, shall remain available until expended. GENERAL PROVISIONS

SEC. 101. Funds appropriated to the Department of Defense for Prior appropriconstruction in prior years are hereby made available for construction a t i o n s. authorized for each such department by the authorizations enacted into law during the first session of the Eighty-ninth Congress. SEC. 102. None of the funds appropriated in this Act shall be expended for payments under a cost-plus-a-fixed-fee contract for work, where cost estimates exceed $25,000, to be performed within the United States, except Alaska, without the specific approval in writing of the Secretary of Defense setting forth the reasons therefor. SEC. 103. None of the funds appropriated in this Act shall be c oExpediting sts. expended for additional costs involved in expediting construction unless the Secretary of Defense certifies such costs to he, necessary to protect the national interest and establishes a reasonable completion date for each project, taking into consideration the urgency of the requirement, the type and location of the project, the climatic and seasonal conditions affecting the construction and the application of economical construction practices. SEC. 104. None of the funds appropriated in this Act shall be used t i eBakery. facilis, etc for the construction, replacement, or reactivation of any bakery, laundry, or drycleaning facility in the United States, its territories, or possessions, as to which the Secretary of Defense does not certify, in writing, giving his reasons therefor, that the services to be furnished by such facilities are not obtainable from commercial sources at reasonable rates. Motor SEC. 105. Funds appropriated to the Department of Defense for hire. v e h i c l e construction are hereby made available for hire of passenger motor vehicles. SEC. 106. Funds appropriated to the Department of Defense for con- A c c e s s r o a d s. struction may be used for advances to the Bureau of Public Roads, Department of Commerce, for the construction of access roads as authorized by section 210 of title 23, United States Code, when projects 72 Stat. 908. authorized therein are certified as important to the national defense by the Secretary of Defense. SEC. 107. None of the funds appropriated in this Act may be used New b a s e s. to begin construction of new bases for which specific appropriations have not been made. e SEC. 108. No part of the funds contained in this Act shall be used s eOvbiscte st r i c a l r. for the construction of hospitals or composite medical facilities which do not provide facilities for obstetrical services. Land SEC. 109. No part of the funds provided in this Act shall be used m e n t s, eease tc, for purchase of land or land easements in excess of 100 per centum of the value as determined by the Corps of Engineers or the Bureau of Yards and Docks, except: (a) where there is a determination of value by a Federal court, (b) purchases negotiated by the Attorney General or his designee, and (c) where the estimated value is less than $25,000.

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PUBLIC LAW 89-203-SEPT. 25, 1965

prl°ecti!'

Short title.

[79 STAT.

SEC. 110. None of the funds appropriated in this Act may be used to make payments under contracts for any project in a foreign country unless the Secretary of Defense or his designee, after consultation with the Secretary of the Treasury or his designee, certifies to the Congress that the use, by purchase from the Treasury, of currencies of such country acquired pursuant to law is not feasible for the purpose, stating the reason therefor. gjjc. 111. This Act may be cited as the "Military Construction Appropriation Act, 1966". Approved September 25, 1965. Public Law 89-203

September 25, 1965

^"^ ^^

JOINT

RESOLUTION

Designating the bridge crossing the Washington Channel near the intersection of the extension of Thirteenth and G Streets Southwest the "Francis Case Memorial Bridge".

Whereas the Congress and the citizens of the District of Columbia are sorely saddened by the tragic and untimely passing of one of the District's most dedicated and resourceful friends, the distinguished Senator from South Dakota, Francis Case; and Whereas during his long and distinguished career in the United States House of Representatives and the United States Senate, Francis Case was known and respected for his courage and untiring devotion to duty, and was loved for his sincerity, modesty, and understanding; and Whereas he attained enviable stature and esteem for his constant cooperation, his wise counsel, and his broad comprehension of planning and development in the District of Columbia; and Whereas Francis Case was an architect of the twenty-third amendment to the Constitution of the United States guaranteeing residents of the District of Columbia the right to vote for elector's for President and Vice President; and Whereas during his years of service Francis Case sponsored many measures for improvements in the District of Columbia and served as chairman of the Senate Committee on the District of Columbia in 1953 and 1954; and Whereas, through diligent study of past, present, and future District of Columbia needs, Francis Case gained a thorough grasp of District activities and helped fashion firm policies that will guide the District for decades; and Whereas, after having served on the Senate Committee on the District of Columbia through the years 1951 to 1954, Francis Case returned voluntarily to the committee in 1959 and 1960 to serve again the people of the District despite his increased responsibilities in the United States Senate; and Whereas his able and dedicated service as a member of the Senate Committee on Public Works contributed immeasurably to the development and improvement of the highway transportation system in the District of Columbia; and Whereas it was through his remarkable dedication to duty that Francis Case helped bring about major District of Columbia expansion of highway and bridge construction, through the enactment of the

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839

PUBLIC LAW 89-204-SEPT. 27, 1965

District of Columbia public works program in 1954, that is a lasting monument to his service: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the bridge crossing the Washington Channel of the Potomac River on Interstate Route 95, approximately one hundred yards downstream from the outlet gate of the Tidal Basin, near the intersection of the extension of Thirteenth and G Streets Southwest, shall be knowm and designated as the "Francis Case Memorial Bridge". Any law, regulation, map, document, record, or other paper of the United States or of the District of Columbia in which such bridge is referred to shall be held to refer to such bridge as the "Francis Case Memorial Bridge". SEC. 2. The Commissioners of the District of Columbia shall place on the "Francis Case Memorial Bridge" plaques of suitable and appropriate design. SEC. 3. The Secretary of the Senate shall transmit copies of this resolution to the wife of the late Senator Francis Case, Myrle Case; his daughter, Jane Case Williams; and his granddaughters, Catherine and Julia. Approved September 25, 1965.

Francis Case Memorial B r i d g e. Designation.

Public Law 89-204 AN ACT To amend the Tariff Act of 1930 to provide that certain forms of nickel be admitted free of duty. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subpart B of part 1 of the appendix to title I of the Tariff Act of 1930 (Tariff Schedules of the United States; 28 F.R., part II, Aug. 17, 1963; 77A Stat.; 19 U.S.C. sec. 1202) is amended by inserting immediately preceding item 911.70 the following new items: 911.21 Ferronickel (provided for in item 607.25, part 2B, schedule 6) 911.22 Unwrought nickel (provided for in item 620.02, part 2E, schedule 6) 911.23 Nickel powders (provided for in item 620.32, part 2E, schedule 6)

Free Free Free

September 27, 1965 [H. R. 6431]

Nickel. Free entry.

77A Stat. 4 3 1.

On or before 6/30/67 H per lb. On or before 6/30/67 3^ per lb. On or before 30 per lb. 6/30/67

SEC. 2. (a) The amendment made by the first section of this Act shall apply to articles entered, or withdrawn from warehouse, for consumption after the date of the enactment of this Act. (b) Duty-free treatment with respect to any article provided for in item 607.25, 620.02, or 620.32 of title I of the Tariff Act of 1930 shall not apply after June 30, 1967, except pursuant to a trade agreement which IS entered into under the Trade Expansion Act of 1962 before July 1, 1967. For purposes of section 201(a)(2) of the Trade Expansion Act of 1962 (19 U.S.C. sec. 1821(a)(2)), in the case of such a trade agreement the duty-free treatment provided by item 911.21, 911.22, or 911.23 of title I of the Tariff Act of 1930 shall be considered as existing duty-free treatment. Approved September 27, 1965, 11:07 e.s.t.

Effective date.

Nonapplicability. 77A Stat. 267, 281.

76 Stat. 872.

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Page:The Eurypterida of New York Volume 1.pdf/142

 limulids, and may here briefly enumerate them. The nepionic stages of both have in common:

 * 1) The large size of the carapace
 * 2) Its broad border
 * 3) Its distinct median, glabellalike ridge (best seen in  )
 * 4) The smaller number of body segments (nine or less, seen also in  )
 * 5) The lack of differentiation of the segments
 * 6) The undeveloped telson

As differences appear:

 * 1) The terete or conical abdomen in the young eurypterids in contrast with the broadened abdomen of Limulus, and
 * 2) Large larval eyes in the eurypterids

We consider both these differential characters as due to purely adaptive changes. The broader abdomen of the larvae of Limulus results from the earlier appearance of the broad abdomen of the mature type through acceleration, and the adaptive nature of the large larval eyes has been fully discussed on page 119. For the reasons here given we find ourselves in agreement with those authors who have united the eurypterids and limulids under Dana's subclass Merostomata.

If the relationship of the eurypterids with the king crabs is so close that it places them in one subclass, the eurypterids will have to follow the Limulidae in their wanderings in the zoological system.

The limulids were, as is well known, classed with the crustaceans, chiefly on account of their aquatic habit and branchial respiration, since the Arthropod phylum was by common consent divided into two subphyla, the Branchiata and Tracheata. Opposition arose to this classification through the recognition of the affinities of Limulus with the arachnids, first suggested by Strauss-Durkheim, and especially elaborated by Van Beneden, Lankester, Kingsley and Laurie, though not without opposition from such authorities as Packard, Woodward, Thorell and Lindström,


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PUBLIC LAW 89-205-SEPT. 27, 1965

[79

STAT.

Public Law 89-205 September 27, 1965 [H. R. 8469]

Civil service retirement and disability fund. Annuities. 76 Stat. 869.

70 Stat. 759.

Cost-of-living adjustment. 76 Stat. 869.

62 Stat. 52; 64 Stat. 320; 72 Stat. 219. 5 USC 2259 notes.

Eligibility.

70 Stat. 754. 5 USC 2260.

AN ACT To pr<Ai(le certain increases in annuities payable from the civil service retirement and disability fund, and for other purposes.

Be ft enacted by the Senate and House of Repremntdttces of the United States of America in Gongresn aMHemhled^ That (a) section l (t) of the Civil Service Retirement Act, as amended (o U. S. C 2251 (t)), is amended to read as follows: " (t) The term 'price index' shall mean the Consumer Price Index (all items—United States city average) published monthly by the Bureau of Labor Statistics. The term 'base month' shall mean the month for which the price index showed a per (lentum rise forming the basis for a cost-of-living annuity increase.'' (b) Section 17(a) of such Act, as amended (5 I '. S. ( \ 2267(a)), is amended by inserting inmiediately before the period at the end thereof the following: ", and for payment of administrative ex^jenses incurred by the Commission in placing in effect each annuity adjustment granted under section 18 of this Act''. (c) Section 18 of such Act, as amended (5 T.'.S.C. 2268), is amended to read as follows: ''SFX. 18. (a) Effective the first day of the third month which begins after the date of enactment of this amendment each annuity payable from the fund which has a commencing date not later than such effective date shall be increased by (1) the per centum rise in the price index, adjusted to the nearest one-tenth of 1 per centum, determined by the Commission on the basis of the annual axerage price index for calendar year 1962 and the price index for the month latest published on date of enactment of this amendment, plus (2) 6I/2 per centum if the commencing date (or in the case of the survivor of a deceased annuitant the commencing date of the annuity of the retired employee) occurred on or before October 1, 1956, or Xy^ per centum if the commenchig date (or in the case of the survivor of a deceased annuitant the commencing date of the annuity of the retired employee) occurred after October 1, 1956. The month used in determining the increase based on the per centum rise in the price index mider this subsection shall be the base month for determining the j^er centum change in the price index until the next succeeding increase occurs. Each survivor annuity authorized (1) by section 8 of the Act of May 29, 1930, as amended to July 6, 1950, or (2) by section 2 of Public Law 85-465, shall be increased by any additional amount which may be required to make the total increase under this subsection equal to 15 per centum or $10 per month, whichever is the lesser. " (b) Each month after the first increase under this section, the Commission shall determine the per centum change in the price index. Effective the first day of the third month which begins after the price index shall have equaled a rise of at least 3 'per centum for three consecutive months over the price index for the base month, each annuity payable from the fund which has a commencing date not later than such effective date shall be increased by the per centujii rise in the price index (calculated on the highest level of the price index during the three consecutive months) adjusted to the nearest one-tenth of 1 per centum. "(c) Eligibility for an annuity increase under this section shall be governed by the conmiencing date of each annuity payable from the fund as of the effective date of an increase, except as follows: "(1) Effective from its commencing date, an annuity payable from the fund to an annuitant's survivor (other than a child entitled under section 1 0 (d)), which annuitj'^ commences the day

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PUBLIC LAW 89-206-SEPT. 28, 1965

841

after annuitant's death and after the effective date of the first increase under this section, shall be increased by the total per centum increase the annuitant was receiving under this section at death, except that the increase in a survivor annuity authorized by section 8 of the Act of May 29, 1930, as amended to July 6, ga • 1950, shall be computed as if the annuity commencing date had 54 statriao.' been the effective date of the first increase under this section. s use 2259 "(2) For purposes of computing an annuity which commences "°*^' after the effective date of the first mcrease under this section to a child under section 10(d), the items $600, $720, $1,800, and $2,160 l^^sc'ii^ol appearing in section 10(d) shall be increased by the total per centum increase allowed and in force under this section for employee annuities which commenced after October 1, 1956, and, in case of a deceased annuitant, the items 40 per centum and 50 per centum appearing in section 10(d) shall be increased by the total per centum increase allowed and in force under this section to the annuitant at death. " (d) No increase in annuity provided by this section shall be com- limitation. puted on any additional annuity purchased at retirement by voluntary contributions. "(e) The monthly installment of annuity after adjustment under this section shall be fixed at the nearest dollar, except that such installment shall after adjustment reflect an increase of at least $1." SEC. 2. The provisions under the heading "CIVIL SERVICE RETIREMENT AND DISABILITY FUND" in title I of the Independent Offices Appropriation Act, 1959 (72 Stat. 1064; Public Law 85-844), shall not apply J^J^^^ 22.37 with respect to benefits resulting from the enactment of this Act. Approved September 27, 1965, 11:07 e.s.t.

Public Law 89-206 AN ACT

September 28, 1965

To amend the United Nations Participation Act, as amended (63 Stat. 734-736), __ifllf!^.!^

Be it enacted by the Senate and the House of Representatives of the United States of America m Congress assembled, That (a) sub- g^rcr'^ar^nTct sections (a) and (b) of section 2 of the United Nations Participation o/^1945'^^am"nd/ Act of 1945, as amended by Public Law 341, Eighty-first Congress,™^"*October 10, 1949, are hereby further amended to read as follows: ^^ ^^^ '^^^• " (a) The President, by and with the advice and consent of the u.s. representa. Senate, shall appoint a representative of the United States to the ^^^.'° umted United Nations who shall have the rank and status of Ambassador Extraordinary and Plenipotentiary and shall hold office at the pleasure of the President. Such representative shall represent the United States in the Security Council of the United Nations and may serve ex officio as representative of the United States in any organ, commission, or other body of the United Nations other than specialized a ^ n c i e s of the United Nations, and shall perform such other functions in connection with the participation of the United States in the United Nations as the President may, from time to time, direct. " (b) The President, by and with the advice and consent of the Sen- refe1?tat\°vTs\"^" ate, shall appoint additional persons with appropriate titles, rank, and status to represent the United States in the principal organs of the United Nations and in such organs, commissions, or other bodies as may be created by the United Nations with respect to nuclear energy or disarmament (control and limitation of armament). Such persons shall serve at the pleasure of the President and subject to the direction 49-850 O-66—56

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PUBLIC LAW 89-206-SEPT. 28, 1965

[79 STAT.

of the Representative of the United States to the United Nations. They shall, at the direction of the Representative of the United States to the United Nations, represent the United States iji any organ, commission, or other body of the United Nations, including the Security Council, the Economic and Social Council, and the Trusteeship Council, and perform such other functions as the Representative of the United States is authorized to perform in connection with the participation of the United States in the United Nations. Any Deputy Representative or any other officer holding office at the time the provisions of this Act, as amended, become effective shall not be required to be reappointed by reason of the enactment of this Act, as amended." (b) Subsection (d) of section 2 of such Act is amended to read as follows: other appoint. "((J) The President may also appoint from time to time such other '"^"*^' persons as he may deem necessary to represent the United States in organs and agencies of the United Nations. The President may, without the advice and consent of the Senate, designate any officer of the United States to act without additional compensation as the representative of the United States in either the Economic and Social Council or the Trusteeship Council (1) at any specified session thereof where the position is vacant or in the absence or disability of the regular representative or (2) in connection with a specified subject matter at any specified session of either such Council in lieu of the regular representative. The President may designate any officer of the Department of State, whose appointment is subject to confirmation by the Senate, to act, without additional compensation, for temporary periods as the representative of the United States in the Security Council of the United Nations in the absence or disability of the representatives provided for under section 2(a) and (b) or in lieu of such representatives in connection with a specified subject matter." SEC. 2. Section 2 of such Act is hereby further amended by redesignating subsections (e) and (f) to be subsections (f) and (g) respectively; and by adding after subsection (d) the following new subsection: tiv^ei; European'^' "(^) ^ h o President, by and with the advice and consent of the office of the United Senate, shall appoint a representative of the United States to the Nations. Europeau office of the United Nations with appropriate rank and status who shall serve at the pleasure of the President and subject to the direction of the Secretary of State. Such person shall, at the direction of the Secretary of State, represent the United States at the European office of the United Nations, and perform such other functions there in connection with the participation of the United States in international organizations as the Secretary of State may, from time to time, direct." Approved September 28, 1965.

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