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In the second sentence of subsection (d), that part which reads: "fixed by subsection (a)(1)". (14)(A) That part of the second sentence of section 2(a) of the Act of May 26, 1949 (63 Stat. I l l; 5 U.S.C. 151b(a)) as amended, relating to the rank and salary of the Counselor and of the Legal Adviser of the Department of State, which reads: "and shall receive the same salary as". (B) The last sentence of section 2(a) of the Act of May 26, 1949 (63 Stat. I l l; 5 U.S.C. 151b(a)) as amended, relating to the rate of basic compensation of the Deputy Under Secretaries of State, which reads: "Unless otherwise provided for by law, the rate of basic compensation of the Deputy Under Secretaries of State shall be the same as that of Assistant Secretaries of State.". (C) That part of the second sentence of section 2(b) of the Act of May 26, 1949, as amended (73 Stat. 265; 5 U.S.C. 151b (b)), relating to the annual salary of the Under Secretary of State for Political Affairs or for Economic Affairs, as designated by the President, which reads: "shall receive compensation at the rate of $22,000 a year and". (15) The last sentence of section 210(a) of title 38, United States Code, relating to the annual salary of the Administrator of Veterans' Affairs, Veterans' Administration, which reads: "He shall receive a salary of $21,000 a year, payable monthly." (16)(A) The last sentence of section 201(a)(2) of the Federal Aviation Act of 1958 (72 Stat. 741; 49 U.S.C. 1321 (a)(2)), relating to the annual salaries of the Chairman and members of the Civil Aeronautics Board, which reads: "Each member of the Board shall receive a salary at the rate of $20,000 per annum, except that the member serving as Chairman shall receive a salary at the rate of $20,500 per annum.". (B) That part of the second sentence of section 301(a) of such Act (72 Stat. 744; 49 U.S.C. 1341 (a)), relating to the annual salary of the Administrator of the Federal Aviation Agency, which reads: ", and who shall receive compensation at the rate of $22,500 per annum". (C) That part of the second sentence of section 302(a) of such Act (72 Stat. 744; 49 U.S.C. 1342(a)), relating to the annual salary of the Deputy Administrator of such Agency, which reads: "shall receive compensation at the rate of $20,500 per annum, and". (17)(A) The last sentence of section 22 of the Arms Control and Disarmament Act (75 Stat. 632; 22 U.S.C. 2562), relating to the annual salary of the Director of the United States Arms Control and Disarmament Agency, which reads: "He shall receive compensation at the rate of $22,500 per annum.". (B) The second sentence of section 23 of such Act (75 Stat. 632; 22 U.S.C. 2563), relating to the annual salary of the Deputy Director of such Agency, which reads: "He shall receive compensation at the rate of $21,500 per annum.". (C) The second sentence of section 24 of such Act (75 Stat. 632; 22 U.S.C. 2564), relating to the annual salaries of the four Assistant Directors of such Agency, which reads: "They shall receive compensation at the rate of $20,000 per annum.". (18) Section 3 of the Act of March 2, 1955 (69 Stat. 10; 5 U.S.C. 294, 293, 295a), relating to the annual salaries of certain officials of the Department of Justice, which reads: "SEC. 3. (a) The compensation of the Deputy Attorney General shall be at the rate of $21,000 per annum. " (b) The compensation of the Solicitor General shall be at the rate of $20,500 per annum.

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"(c) The compensation of each Assistant Attorney General, other than the Administrative Assistant Attorney General, shall be at the rate of $20,000 per annum.". (19)(A) The last sentence of section 102(c) of Reorganization Plan Numbered 7 of 1961 (75 Stat. 840; 5 U.S.C. 133z-15, note), relating to the annual salaries of the Chairman and members of the Federal Maritime Commission, which reads: "The Chairman of the Commission shall receive a salary at the rate of $20,500 per annum, and each of the other Commissioners shall receive a salary at the rate of $20,000 per annum.". (B) That part of section 201 of such reorganization plan (75 Stat. 842; 5 U.S.C. 133z-15, note), relating to the annual salary of the Maritime Administrator in the Department of Commerce, which reads: "shall receive a salary at the rate of $20,000 per annum,". (20) That part of the fourth sentence of section 4(a) of the Securities Exchange Act of 1934, as amended (74 Stat. 408 and 913; 15 U.S.C. 7 8 d (a)), relating to the annual salaries of the Chairman and Commissioners of the Securities and Exchange Commission, which reads: "shall receive a salary at the rate of $20,000 a year, except that the Chairman shall receive additional salary at the rate of $500 a year and". (21) Section 8 of the Food Additives Amendment of 1958 (72 Stat. 1789; 5 U.S.C. 2205, note), fixing the annual salary of the Commissioner of Food and Drugs at $20,000 per annum. (22) That part of the first sentence of section 3 of the Area Redevelopment Act (75 Stat. 48; 42 U.S.C. 2502), relating to the annual salary of the Area Redevelopment Administrator in the Department of Commerce, which reads: "who shall receive compensation at a rate equal to that received by Assistant Secretaries of Commerce". (23) The last sentence of section 203(b)(1) of the National Security Act of 1947 (72 Stat. 520; 5 U.S.C. 171c(b)(1)), relating to the annual salary of the Director of Defense Research and Engineering in the Department of Defense, which reads: "The compensation of the Director is that prescribed by law for the Secretaries of the military departments.". (24) In section 303(a) of title 23, United States Code, (A) That part of the second sentence, relating to the annual salary of the Federal Highway Administrator in the Department of Commerce, which reads: "shall receive basic compensation at the rate prescribed by law for Assistant Secretaries of executive departments and"; and (B) The last sentence, relating to the annual salary of the Deputy Federal Highway Administrator in such department, which reads: "The Deputy Federal Highway Administrator shall receive basic compensation at a rate $1,000 less than the rate provided for the Federal Highway Administrator.". (25) The last proviso in the paragraph under the heading " IMMIGRATION AND NATURALIZATION SERVICE" and under the subheading "SALARIES AND EXPENSES" in the Department of Justice Appropriation Act, 1959 (72 Stat. 251; 5 U.S.C. 2206, note), relating to the annual salary of the Commissioner of the Immigration and Naturalization Service, which reads: ": Provided further, That, hereafter, the compensation of the Commissioner of the Immigration and Naturalization Service shall be $20,000 per annum". (26) The second paragraph of section 3 of title 35, United States Code, relating to the annual salary of the Commissioner of Patents which reads: "The annual rate of compensation of the Commissioner shall be $20,000.".

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(27) That part of section 4(a) of the Peace Corps Act (75 Stat. 612; 22 LT.S.C. 2503(a)), relating to the annual salaries of the Director and of the Deputy Director of the Peace Corps, which reads: ", whose compensation shall be fixed by the President at a rate not in excess of $20,000 per annum," and ", whose compensation shall be fixed by the President at a rate not in excess of $19,500 per annum". (28)(A) Section 308 of title 39, United States Code, fixing the annual rate of basic compensation of the position of Chief Postal Inspector in the Post Office Department at $19,000. (B) That part of the table of contents of chapter 3 of title 39, United States Code, which reads as follows: "308. Chief Postal Inspector.". (29) That part of the first sentence of section 4 of the International Travel Act of 1961 (75 Stat. 130; 22 U.S.C. 2124), relating to the annual salary of the Director of the United States Travel Service in the Department of Commerce, which reads: "who shall be compensated at the rate of $19,000 per annum,". (30) Section 14(b) of the Federal Employees Health Benefits Act of 1959 (73 Stat. 716; 5 U.S.C. 3013(b)), which fixes the compensation of the Executive Director of the United States Civil Service Commission at $19,000 per annum. (31) That part of the first sentence of section 107(c) of the Renegotiation Act of 1951, as amended (73 Stat. 211; 50 U.S.C. App. 1217(c)), relating to the annual salary of the General Counsel of the Renegotiation Board, which reads: ", and shall receive compensation at the rate of $19,000 per annum". (32)(A) That part of the third sentence in section 201(a) of the National Capital Transportation Act of 1960 (74 Stat. 538; 40 U.S.C. 661(a)), relating to the annual salary of the Administrator of the National Capital Transportation Agency, which reads: ", and who shall receive compensation at a rate equal to the maximum rate for grade 18 of the General Schedule of the Classification Act of 1949, as amended, plus $500 per annum". (B) That part of the first sentence of section 201(b) of such Act (74 Stat. 538; 40 U.S.C. 661(b)), relating to the annual salary of the Deputy Administrator of such Agency, which reads: ", and who shall receive compensation at a rate equal to the maximum rate for grade 18 of the General Schedule of the Classification Act of 1949, as amended". (33) The last sentence of section 624(d)(1) of the Foreign Assistance Act of 1961 (75 Stat. 447; 22 U.S.C. 2 3 8 4 (d)(1)), as amended, fixing the compensation of certain officials in the Department of State, which reads: "The Inspector General, Foreign Assistance, shall receive compensation at the rate of $20,000 annually; the Deputy Inspector General, Foreign Assistance, shall receive compensation at the rate of $20,000 annually, and each Assistant Inspector General, Foreign Assistance, shall receive compensation at the rate of $19,000 annually.". (34) That part of section 202 of the Act of July 1, 1960 (74 Stat. 305; 5 U.S.C. 623g), relating to the annual salary of the Administrative Assistant Secretary of Health, Education, and Welfare, which reads: ", and whose annual rate of basic compensation shall be $19,000". (35) That part of the Public Works Appropriation Act, 1963, under the heading " DEPARTMENT OF THE I N T E R I O R " and under the caption "BUREAU OF RECLAMATION" and the subheading "ADMINISTRATIVE PROVISIONS" (76 Stat. 1223; 43 U.S.C. 373a-l),

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relating to the annual salary of the present incumbent of the position of Commissioner of the Bureau of Reclamation, which reads: "After September 30, 1962, the position of Commissioner of Reclamation shall have the annual rate of compensation as provided for positions listed in section 2205(a) of title 5, United States Code, so long as held by the present incumbent.". (36) That part of the Public Works Appropriation Act, 1962, under the heading " DEPARTMENT OF THE I N T E R I O R " and under the caption "BONNEVILLE POWER ADMINISTRATION" and the subheading "CONSTRUCTION" (75 Stat. 728; 16 U.S.C. 832a-l), relating to the annual salary of the present incumbent of the position of Administrator, Bonneville Power Administration, which reads: "After October 1, 1961, the position of Administrator, Bonneville Power Administration, shall have the same annual rate of compensation as that provided for positions listed in section 2205(b) of title 5, United States Code, so long as held by the present incumbent.". (37) Section 205 of the Public Works Appropriation Act, 1958 (71 Stat. 423; 5 U.S.C. 483-1 note, 2206 note), as amended, relating to the salary of the present incumbent of the position of Administrator of the Southwestern Power Administration in the Department of the Interior, and to the salary of the Administrative Assistant Secretary of such Department, which reads: "SEC. 205. After August 31, 1957, the salary of the Administrator of the Southwestern Power Administration shall be the same as the salary of the Administrator of the Bonneville Power Administration, so long as held by the present incumbent; and the salary of the Administrative Assistant Secretary of the Department shall be the same as the Solicitor of the Department of the Interior.". (38) The proviso in the first paragraph under the heading "FEDERAL BUREAU OF INVESTIGATION" and under the subheading "SALARIES AND EXPENSES" in the Department of Justice Appropriation Act, 1964 (77 Stat. 782; Public Law 88-245), relating to the annual salary of the present incumbent of the position of Director of the Federal Bureau of Investigation, which reads: ": Provided. That the compensation of the Director of the Bureau shall be $22,000 per annum so long as the position is held by the present incumbent" and provisions to the same effect contained in other appropriation Acts enacted prior to the effective date of this section relating to the annual salary of the present incumbent of the position of Director of the Federal Bureau of Investigation. (39) That part of section 7801(b)(2) of the Internal Revenue Code of 1954, as amended, relating to the annual salary of the Assistant General Counsel of the Treasury Department who shall be the Chief Counsel for the Internal Revenue Service, which reads: "and shall receive basic compensation at the annual rate of $19,000". (40)(A) Sections 3018, 5014, and 8018 of title 10, United States Code, relating to the compensation of the general counsels of the military departments. (B) The respective tables of contents of chapters 303, 503, and 803 of title 10, United States Code, are amended by striking out "3018. Compensation of General Counsel."; "5014. Compensation of General Counsel."; and "8018. Compensation of General Counsel.".

(41)(A) That part of section 2(a) of Reorganization Plan Numbered 2 of 1962 (76 Stat. 1253; 5 U.S.C. 133z-15, note), relating to the compensation of the Director of the Office of Science and Technology, which reads: "and shall receive compensation at the rate of $22,500 per annum".

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Ante, p. 421.

62 Stat. 909. Ante, p. 400.

Ante, p. 416.

75 Stat. 792.

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(B) That part of section 2(b) of such reorganization plan (76 Stat. 1253; 5 U.S.C. 133z-15, note), relating to the compensation of the Deputy Director of the Office of Science and Technology, which reads: "and receive compensation at the rate of $20,500 per annum". (C) That part of section 22(a) of such reorganization plan (76 Stat. 1255; 5 U.S.C. 133z-15, note), relating to the compensation of the Director of the National Science Foundation, which reads: "shall receive compensation at the rate of $21,000 per annum and". (42) That part of section 624(a) of the Foreign Assistance Act of 1961 (75 Stat. 447; 22 U.S.C. 2384(a)), relating to the compensation of twelve officers in the agency primarily responsible for administering part I of such Act, which reads: "of whom— "(1) one shall have the rank of an Under Secretary and shall be compensated at a rate not to exceed the rate authorized by law for any Under Secretary of an executive department; "(2) one shall have the rank of Deputy Under Secretary and shall be compensated at a rate not to exceed the rate authorized by law for any Deputy Under Secretary of an executive department; and "(3) ten shall have the rank of Assistant Secretaries and shall be compensated at a rate not to exceed the rate authorized by law for any Assistant Secretary of an executive department,". (43) That part of the first sentence of section 104(b) of the Immigration and Nationality Act (66 Stat. 174; 8 U.S.C. 1104(b)), relating to the rank and compensation of the Administrator, Bureau of Security and Consular Affairs, which reads: "and compensation". (44) That part of section 3 of Reorganization Plan Numbered 1 of 1953 (67 Stat. 631; 5 U.S.C. 623, note), relating to the Special Assistant to the Secretary (Health and Medical Affairs), Department of Health, Education, and Welfare, which reads: ", and shall receive compensation at the rat« now or hereafter provided by law for assistant secretaries of executive departments". SEC. 306. (a)(1) Section 508 of title 28, United States Code, is amended to read as follows: "§ 508. Salaries "Subject to subsection (f) of section 303 of the Federal Executive Salary Act of 1964, the Attorney General shall fix the annual salaries of United States attorneys, assistant United States attorneys, and attorneys appointed under section 503 of this title at rates of compensation not in excess of the highest rate of grade 18 of the General Schedule of the Classification Act of 1949, as amended.". (2) Subject to section 303(f) of this Act, each incumbent United States attorney and assistant United States attorney shall be paid compensation at a rate equal to that of attorneys of comparable responsibility and professional qualifications, as determined by the Attorney General, whose compensation is prescribed in the General Schedule of the Classification Act of 1949, as amended. (b) Section 411 of the Foreign Service Act of 1946, as amended (70 Stat. 704; 22 U.S.C. 866), relating to the per annum salaries of chiefs of mission, is amended by striking out the second sentence of that section and inserting in lieu thereof the following: "The per annum salaries of chiefs of mission within each class shall be at the rate provided by law for the levels of the Federal Executive Salary Schedule as follows: class 1, the rate for level II; class 2, the rate for level III; class 3, the rate for level IV; and class 4, the rate for level V.". (c) That part of section 201(f) of the National Aeronautics and Space Act of 1958 (72 Stat. 428; 42 U.S.C. 2471(f)), fixing a limit of $19,000 on the compensation of seven persons in the National Aero-

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nautics and Space Council, is amended by striking out "compensated at the rate of not more than $19,000 a year," and inserting in lieu thereof "compensated at not to exceed the highest rate of grade 18 of the General Schedule of the Classification Act of 1949, as amended,". (d) Clause (A) of section 203(b)(2) of the National Aeronautics and Space Act of 1958 (72 Stat. 429; 42 U.S.C. 2473(b)(2)), as amended, is amended to read as follows: " (A) to the extent the Administrator deems such action necessary to the discharge of his responsibilities, he may appoint not more than four hundred and twentyfive of the scientific, engineering, and administrative personnel of the Administration without regard to such laws, and may fix the compensation of such personnel not in excess of the highest rate of grade 18 of the General Schedule of the Classification Act of 1949, as amended, and". (e) Section 6(f) of the Act of September 24, 1959 (73 Stat. 706; 5 LT.S.C. 2376(f)), relating to the maximum compensation payable to employees of the Advisory Commission on Intergovernmental Relations, is amended by striking out "at a rate in excess of $20,000 per annum" and by inserting in lieu thereof "at a rate in excess of the highest rate of grade 18 of the General Schedule of the Classification Act of 1949, as amended". (f) The Atomic Energy Act of 1954, as amended, is further amended as follows: (1) In the last sentence of section 24 a. (68 Stat. 925; 71 Stat. 612; 42 U.S.C. 2034(a)), relating to the annual salary of the General Manager of such Commission, (A) by inserting "and" immediately before "shall be removable by the Commission" and (B) by striking out that part which reads: ", and shall receive compensation at a rate determined by the Commission, but not in excess of $22,000 per annum"; (2) In the last sentence of section 24 b. (71 Stat. 612; 42 U.S.C. 2034(b)), relating to the annual salary of the Deputy General Manager of such Commission, (A) by inserting "and" immediately before "shall be removable by the General Manager" and (B) by striking out that part which reads: ", and shall receive compensation at a rate determined by the General Manager, but not m excess of $20,500 per annum"; (3) In the last sentence of section 24 c. (71 Stat. 612; 42 U.S.C. 2034(c)), relating to the annual salaries of the Assistant General Managers (or their equivalents) of such Commission, (A) by inserting "and" immediately before "shall be removable by the General Manager" and (B) by striking out that part which reads: ", and shall receive compensation at a rate determined by the General Manager, but not m excess of $20,000 per annum"; I (4) In the second sentence of section 25 a. (68 Stat. 925; 71 Stat. 612; 42 U.S.C. 2035(a)), relating to the annual salaries of directors of program divisions of such Commission, by striking out that part which reads: "and shall receive compensation at a rate determined by the Commission, but not in excess of $19,000 per annum"; (5) I n section 25 b. (68 Stat. 925; 71 Stat. 612; 42 U.S.C. 2035 (b)), relating to the annual salary of the General Counsel of such Commission, by striking out that part which reads: "and shall receive compensation at a rate determined by the Commission, but not in excess of $19,500 per annum"; (6) In the first sentence of section 25 c. (68 Stat. 925; 71 Stat. 612; 42 U.S.C. 2035(c)), relating to the annual salary of the Director of the Inspection Division in such Commission, by striking

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out that part which reads: "and shall receive compensation at a rate determined by the Commission, but not in excess of $19,000 per annum"; (7) I n the last sentence of section 25 d. (71 Stat. 612; 42 U.S.C. 2035 (d)), relating to the annual salaries of certain executive management positions in such Commission, (A) by inserting "and*' immediately before "shall be removable by the General Manager" and (B) by striking out that part which reads:", and shall receive compensation at a rate determined by the General Manager, but not in excess of $19,000 per annum"; and (8) In the second sentence of section 28 (68 Stat. 926; 42 U.S.C. 2038), relating to the compensation of the active member of the Armed Forces serving as Director of the Division of Military Application in such Commission, by striking out that part which reads "and the compensation prescribed in section 25" and inserting in lieu thereof, "and the compensation established for this position pursuant to section 303 or section 309 of the Federal Executive Salary Act of 1964". (g) Section 2 of the Act of July 30, 1946, as amended (60 Stat. 712; 70 Stat. 740; 22 U.S.C. 287n), relating to the compensation of the United States representatives and alternates at sessions of the General Conference of the United Nations Educational, Scientific, and Cultural Organization, is amended by striking out "Such representatives and alternates shall each be entitled to receive compensation at such rates, not to exceed $15,000 per annum, as the President may determine," and inserting in lieu thereof "Such representatives and alternates shall each be entitled to receive compensation at such rates provided for Foreign Service officers in the schedule contained in section 412 of the Foreigu Service Act of 1946, as amended, as the President may determine,". (h) The third sentence of section 2 of the Act of May 29, 1959 (73 Stat. 63; 50 U.S.C. 402, note), is amended to read as follows: "Except as provided in subsection (f) of section 303 of the Federal Executive Salary Act of 1964, no officer or employee of the National Security Agency shall be paid basic compensation at a rate in excess of the highest rate of basic compensation contained in such General Schedule.". (i)(1) Sections 2 and 3 of the Act of July 25, 1958 (72 Stat. 414; D.C. Code, secs. l-204a and l-204b), relating to the compensation of the Commissioners of the District of Columbia, are amended to read as follows: "SEC. 2. Except as otherwise provided by this section and section 3 of this Act— " (1) the compensation of the Commissioners of the District of Columbia shall be at the rate of $25,500 each per annum; and "(2) the Commissioner detailed from the Corps of Engineers of the United States Army shall receive an annual compensation which, when added to any compensation he receives as an officer of the United States Army, will equal the compensation authorized by paragraph (1) of this section. "SEC. 3. Notwithstanding any other provision of law— "(1) the compensation of the President of the Board of Commissioners of the District of Columbia shall be at the rate of $26,000 per annum; and "(2) if the Commissioner detailed from the Corps of Engineers of the United States Army is chosen President of the Board of Commissioners, he shall receive, as President of the Board, an annual compensation which, when added to any compensation he receives as an officer of the United States Army, will equal the compensation authorized by paragraph (1) of this section.".

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(2) Section 11-702(d) of the District of Columbia Code (77 Stat. 484; Public Law 88-241), relating to the rates of annual salary of the chief judge and the associate judges of the District of Columbia Court of Appeals, is amended— (A) by striking out "$19,000" and inserting in lieu thereof "$25,000"; and (B) by striking out "$18,500" and inserting in lieu thereof "$24,500". (3) Section 11-902(d) of the District of Columbia Code (77 Stat. 487; Public Law 88-241), relating to the rates of annual salary of the chief judge and the associate judges of the District of Columbia Court of General Sessions, is amended— (A) by striking out "$18,000" and inserting in lieu thereof "$24,000"; and (B) by striking out "$17,500" and inserting in lieu thereof "$23,500". (4) The first sentence of the second paragraph of section 2 of the District of Columbia Revenue Act of 1937, as amended (D.C. Code, sec. 47-2402), relating to the compensation of the person appointed to the District of Columbia Tax Court, is amended by striking out "$17,500" and inserting in lieu thereof "$23,500". (5) That part of the salary schedule in section 1 of the District of Columbia Teachers' Salary Act of 1955, as amended (76 Stat. 1229; D.C. Code, sec. 31-1501), relating to the compensation of the Superintendent of Schools, and Deputy Superintendent of Schools, of the District of Columbia, which reads:

52 Stat. 370; 69 Stat. 290.

"Class 1: Superintendent of Schools $19,000 Class 2: Deputy Superintendent-., 16,500

is amended to read as follows: "Class 1: Superintendent I of Schools $26,000 Class 2: Deputy Superintendent I 22,000

(6) That part of the salary schedule in section 101 of the District of Columbia Police and Firemen's Salary Act of 1958 (72 Stat. 480), as amended (sec. 4-823, et seq., D.C. Code, 1961 edition), relating to the compensation of the Fire Chief and the Chief of Police, which reads: 'Class 10 Fire Chief. Chief of Police."

17,000

17,400

17,800

18,200

18,600 I 19,000

22,000

22,500

23,000

is amended to read as follows: "C1.JSS10 Fire Chief. Chief of Police.'

21,000

21,500

23,500

(j)(1) The catchline of section 3012 of title 10, United States Code, is amended by striking out "; compensation" (2) The table of contents of chapter 303 of such title 10 is amended by striking out "3012. Secretary of the Army: powers and duties; delegation by; compensation."

and inserting in lieu thereof "3012. Secretary of the Army: powers and duties; delegation by.".

(3) The catchline of section 5031 of such title 10 is amended by striking out "; compensation".

76 Stat. 1239.

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(4) The table of contents of chapter 505 of such title 10 is amended by striking out "5031. Secretary of the Navy: responsibilities; compensation."

and inserting in lieu thereof "5031. Secretary of the Navy: responsibilities.".

(5) The catchline of section 5033 of such title 10 is amended by striking out "; compensation". (6) The table of contents of chapter 505 of such title 10 is amended by striking out "5033. Under Secretary of the Navy: appointment; duties; compensation."

and inserting in lieu thereof "5033. Under Secretary of the Navy: appointment; duties.".

(7) The catchline of section 8012 of such title 10 is amended by striking out "; compensation". (8) The table of contents of chapter 803 of such title 10 is amended by striking out "8012. Secretary of the Air Force: powers and duties; delegation by; compensation."

and inserting in lieu thereof "8012. Secretary of the Air Force: povrers and duties; delegation by.". CHANGES I N POSITION TITLES

SEC. 307. Whenever reference is made in any law or reorganization plan to the— Administrative Assistant Attorney General, Administrative Assistant Secretary of the Interior, Administrative Assistant Secretary of Agriculture, Administrative Assistant Secretary of Labor, Administrative Assistant Secretary of the Treasury, or Administrative Assistant Secretary of Health, Education, and Welfare, such reference shall be held and considered to mean the— Assistant Attorney General for Administration, Assistant Secretary of the Interior for Administration, Assistant Secretary of Agriculture for Administration, Assistant Secretary of Labor for Administration, Assistant Secretary of the Treasury for Administration, or Assistant Secretary of Health, Education, and Welfare for Administration, respectively. LIMITATION ON SALARIES FIXED BY ADMINISTRATIVE ACTION

Ante, p. 400. 63 Stat. 208. 48 Stat. 59. 64 Stat. 881.

SEC. 308. Except as provided by this Act and notwithstanding the provisions of any other law, the head of any executive department, independent establishment, or agency in the executive branch who is authorized to fix by administrative action the annual rate of basic compensation for any position, officer, or employee shall not fix svich rate in excess of the highest rate of grade 18 of the General Schedule ^f ^j^g Classification Act of 1949, as amended. Nothing contained in this section shall be construed to impair the authorities provided in the Central Intelligence Agency Act of 1949, as amended (50 U.S.C. Qgg^ r^^-^^ following), ill section 3 of the Tennessee Valley Authority j ^ ^ ^ ^f ^933 (^g U.S.C. 831b), iu section 9 of the Federal Deposit insurance Act (12 U.S.C. 1819), in section 11 of the Federal Reserve

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Act (12 U.S.C. 248), or in section 5240 of the Revised Statutes (12 ^s Stat. 26i. U.S.C. 481, relating to the Comptroller of the Currency). MISCELLANEOUS POSITIONS I N THE EXECUTIVE BRANCH

SEC. 309. Each office or position in the executive branch specifically referred to in, or covered by, any conforming change in law made by section 305 of this Act, or any other office or position in the executive branch for which the annual salary is established pursuant to special provision of law enacted prior to the date of enactment of this Act, at a figure of $18,500 or above, which is not placed in a level of the Federal Executive Salary Schedule pursuant to section 303 of this Act, shall be paid basic compensation at a rate which is equal to the salary rate of a grade and step of the General Schedule of the Classification Act of 1949, as amended. All actions taken under this section shall be reported to the United States Civil Service Commission and published in the Federal Register, except when it is determined by the President that such report and publication would be contrary to the interest of national security.

^"'^'rt^t ^c*i' ii servfc°J commission. ped'I'raiRe'grster.

SAVING PROVISIONS

SEC. 310. (a) Except as provided by this Act, the changes in existing law made by this Act shall not affect any office or position existing immediately prior to the effective date of any such changes in existing law, the compensation attached to such office or position, and any incumbent thereof, his appointment thereto, and his entitlement to receive the compensation attached thereto, until appropriate action is taken in accordance with this Act or other law. (b) Notwithstanding any provision of this Act, the rate of basic, gross, or total annual compensation received by any officer or employee immediately prior to the effective date of this section shall not be reduced by reason of enactment of this Act. TITLE IV—FEDERAL JUDICIAL

SALARIES

SEC. 401. This title may be cited as the "Federal Judicial Salary, Federal judicial Act of 1964".

^

_

J' salary Act of, 9 6 4.

SEC. 402. (a) The rates of basic compensation of officers and employees in or under the judicial branch of the Government whose rates of compensation are fixed by or pursuant to paragraph (2) of subdivision a of section 62 of the Bankruptcy Act (11 U.S.C. 102(a)(2)), 60 Stat. 329. section 3656 of title 18, United States Code, the third sentence of sec- 62 Stat. 843. tion 603, sections 672 to 675, inclusive, or section 604(a)(5), of title 28, United States Code, insofar as the latter section applies to graded 62^stat^9i8^^' positions, are hereby increased by amounts reflecting the respective 914. applicable increases provided by title I of this Act in corresponding rates of compensation for officer's and employees subject to the Classification Act of 1949, as amended. The rates of basic compensation of officers and employees holding ungraded positions and whose salaries are fixed pursuant to section 604(a)(5) may be increased by the amounts reflecting the respective applicable increases provided by title I of this Act in corresponding rates of compensation for officers and employees subject to the Classification Act of 1949, as amended. (b) The limitations provided by applicable law on the effective date of this section with respect to the aggregate salaries payable to secretaries and law clerks of circuit and district judges are hereby increased by amounts which reflect the respective applicable increases provided by title I of this Act in corresponding rates of compensation

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Page:United States Statutes at Large Volume 78.djvu/476

 434

76 Stat. 866.

70 Stat. 151.

69 Stat. 9.

69 Stat. 10.

63 Stat. 881.

yo^ai^^^l^"^^'

5 USC^835ntte 69 Stat. 10.

70A Stat. 60.

PUBLIC LAW 88.426-AUG. 14, 1964

[78 STAT.

for officers and employees subject to the Classification Act of 1949, as amended. ((.) Sectjon Y53(e) of title 28, United States Code (relating to the compensation of court reporters for district courts), is amended by striking out the existing salary limitation contained therein and inserting a new limitation which reflects the respective applicable increases provided by title I of this Act in corresponding rates of compensation for officers and employees subject to the Classification Act of 1949, as amended. ((J) Section 40a of the Bankruptcy Act (11 U.S.C. 6 8 (a)), as amended, relating to the compensation of full-time and part-time referees in bankruptcy, is amended by striking out the existing compensation limitations contained therein and inserting new limitations of "$22,500" and "$11,000", respectively. SEC. 403. (a) Section 5 of title 28, United States Code, relating to the salaries of the Chief Justice of the United States and of the Associate Justices of the Supreme Court of the United States, is amended by striking out "$35,500" and substituting therefor "$40,000", and by striking out "$35,000" and substituting therefor "$39,500". (b) Section 44(d) of title 28, United States Code, relating to circuit judges, is amended by striking out "$25,500" and substituting therefor "$33,000". . . . (c) Section 135 of title 28, United States Code, relating to district judges, is amended by striking out "$22,500" and substituting therefor "$30,000", and by striking out "$23,000" and substituting therefor "$30,500". (d) Section 173 of title 28, United States Code, relating to judges of the Court of Claims, is amended by striking out "$25,500" and substituting therefor "$33,000". (e) Section 213 of title 28, United States Code, relating to judges of the Court of Customs and Patent Appeals, is amended by striking out "$25,500" and substituting therefor "$33,000". (f) Section 252 of title 28, United States Code, relating to judges of the Customs Court, is amended by striking out "$22,500" and substituting therefor "$30,000". (^) The first paragraph of section 603 of title 28, United States Co(fe, relating to the compensation of the Director and the Deputy Director of the Administrative Office of the United States Courts, is amended to read as follows: "The Director shall receive a salary of $27,000 a year. The Deputy Director shall receive a salary of $26,000 a year." (^) Subsection (b) of section 792 of title 28, United States Code, relating to the compensation of commissioners of the Court of Claims, is amended to read as follows: " (b) Each commissioner shall receive basic compensation at the rate of $26,000 a year, and also all necessary traveling expenses and a per ^^^^ allowance as provided in the Travel Expense Act of 1949, as amended, while traveling on official business and away from Washington, District of Columbia." (i) Section 7443(c) of the Internal Revenue Code of 1954 (68A Stat. 879), as amended, relating to judges of the Tax Court oi the United States, is further amended by striking out "$22,500" and substituting therefor "$30,000". (j) gection 867(a)(1) of title 10, United States Code, relating to judges of the Court of Military Appeals, is amended by striking out ^'$25,500" and substituting therefor ^'$33,000".

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Page:United States Statutes at Large Volume 78.djvu/477

 78 STAT. ]

PUBLIC LAW 88-426-AUG. 14, 1964

435

TITLE V—EFFECTIVE DATES SEC. 501. (a) Except to the extent provided in subsections (b) and (c) of this section, this Act and the increases in compensation made by this Act shall become effective on the first day of the first pay period which begins on or after July 1, 1964. (b) Section 204 of this Act, relating to increases in compensation confess! °^ for Members of Congress, shall become effective at noon on January Ante, p. 4is. 3, 1^65. (c) Notwithstanding any other provision of this Act (but except as otherwise provided in subsection (h) of this section)— (1) no rate of compensation which is equal to or in excess of $22,000 per annum shall be increased in any amount, by reason of section 202 of this Act, until the first day of the first pay period which begins on or after January 1, 1965; and (2) no rate of compensation which is less than $22,000 per annum shall be increased to an amount per annum in excess of $22,000, by reason of section 202 or 203(g) of this Act, until the first day of the first pay period which begins on or after January 1, 1965.

(d) For the purpose of determining the amount of insurance for which an individual is eligible under the Federal Employees' Group Life Insurance Act of 1954, all changes in rates of compensation or salary which result from the enactment of this Act shall be held and considered to be effective as of the date of such enactment. SEC. 502. (a) Eetroactive compensation or salary shall be paid by reason of this Act only in the case of an individual in the service of the United States (including service in the Armed Forces of the United States) or the mimicipal government of the District of Columbia on the date of enactment of this Act, except that such retroactive compensation or salary shall be paid (1) to an officer or employee who retired during the period beginning on the effective date prescribed by section 501(a) and ending on the date of enactment of this Act for services rendered during such period and (2) in accordance with the provisions of the Act of August 3, 1950 (Public Law 636, Eighty-first Congress), as amended (5 U.S.C. 61f-61k), for services rendered during the period beginning on the effective date prescribed by section 501(a) and ending on the date of enactment of this Act by an officer or employee who dies during such period. Such retroactive compensation or salary shall not be considered as basic salary for the purpose of the Civil Service Ketirement Act in the case of any such retired or deceased officer or employee. (b) For the purposes of this section, service in the Armed Forces of the United States, in the case of an individual relieved from training and service in the Armed Forces of the United States or discharged from hospitalization following such training and service, shall include the period provided by law for the mandatory restoration of such individual to a position in or under the Federal Government or the municipal government of the District of Columbia. Approved August 14, 1964.

Life insurance

amount."*"'^^"'"'' s^js^c^'aop^^ note. prowsTo^ns!"*

^"^ ^*^*' ^^^•

5°usc*227f' note.

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Page:United States Statutes at Large Volume 78.djvu/478

 436

PUBLIC LAW 88-427-AUG. 14, 1964

[78 STAT.

Public Law 88-427 August 14, 1964

JOINT RESOLUTION

[H. J. Res. 925] (jveating a joint oommittee to commemorate the one hundredth anniversary of the second inaugural of Abraham Lincoln.

Abraham Lincoln, Second inauguration, anniversary.

Committee on arrangements.

Duties.

"Whereas March 4, 1965, will be the one hundredth anniversary of the second inauguration of Abraham Lincoln as President of the United States; and Whereas President Lincoln in his inaugural address looked to the end of a great fratricidal struggle and spoke, "with malice toward none and charity for all," of "a just and lasting peace among ourselves and with all nations'-; and Whereas, in the administration he had completed, Abraham Lincoln had preserved the Union of the States, protected the Constitution of the United States, and demonstrated to all men everywhere the success of the American experiment in popular government; and Whereas the previous actions of the Congress in observing the one hundred and fiftieth anniversary of the birth of this unique American and the one hundredth anniversary of his first inauguration as President had a vast and dramatic impact upon the people of this Nation and throughout the world; and Whereas these observances advanced the appreciation and understanding of the history and heritage of this Nation; and "\\Tiereas today a part of the aspirations which Abraham Lincoln held for the people of the United States has been achieved: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assemhied, That on Wednesday, March 4 next, the one hundredth anniversary of Abraham Lincoln's second inauguration shall be commemorated by such observance as may be determined by the committee on arrangements in cooperation with the National Civil War Centennial Commission, the Civil W a r Centennial Commission of the District of Columbia, and the Lincoln Group of the District of Columbia. Upon passage of this resolution, the President of the Senate shall appoint four Members of the Senate and the Speaker of the House shall appoint four Members of the House of Representatives jointly to constitute a committee on arrangements. Upon passage of this resolution and after the Members of the Senate and House have been appointed, the committee on arrangements shall meet and select a chairman from one of their own ^roup and such other officers as will be appropriate and needed who will immediately^ proceed to plan, in cooperation with the National Civil W a r Centennial Commission, the Civil W a r Centennial Commission of the District of Columbia, and the Lincoln Group of the District of Columbia, an appropriate ceremony, issue invitations to the President of the United States, the Vice President of the United States, Secretaries of departments, heads of independent agencies, offices, and commissions, the Chief Justice and Associate Justices of the Supreme Court, the diplomatic corps, assistant heads of departments, Commissioners of the District of Columbia, members of the Lincoln Group of the District of Columbia, centennial commissions from the various States, Civil W a r roundtables. State and local historical and patriotic societies, and such other students and scholars in the field of history as may have a special interest in the occasion, organize a reenactment of Mr. Lincoln's first inauguration on the eastern portico of the Capitol, select a speaker and other participants, prepare and publish a program and submit a report not later than June 1, 1965. Approved August 14, 1964.

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 78 STAT. ]

PUBLIC LAW 88-428-AUG. 14, 1964

437

Public Law 88-428 AN ACT

August 14, 1964 rH

To further amend the Missing Persons Act to cover certain persons detained in foreign countries against their will, and for other purposes.,

'• '

R

9QRQ 1

'

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Missing soni^A^t^ ^^"^ Persons Act, as amended (50 U.S.C. App. 1001 et seq.), is amended amendment. as follows: (1) Section 1(a) is amended— se Stat. i43. (A) by striking out clauses (1) and (2) and by inserting the following in place thereof: "(1) a member of the uniformed servicas as defined in section 101 (3) and (23) of title 37, United States Code;" and ^^^ ^'^'- ^^i. (B) by redesignating clause (3) as clause "(2)-'. (2) Section l(^b) is amended— (A) by inserting the words "Air Force," after the word "Navy,"; and (B) by striking out the words "paragraph (a)(3) above" and inserting the words "paragraph (a)(2) above" in place thereof. (3) Section 2(a) is amended— ^i s^at. 491. (A) by striking out the words "or besieged by a hostile force" in the first sentence and inserting the words "besieged by a hostile force, or detained in a foreign country against his will" in place thereof; (B) by inserting the words "or employment" after the word "service" in the second sentence; and (C) by striking out the words "or besieged by a hostile force" in the last sentence and inserting the words "besieged by a hostile force, or detained in a foreign country against their will" in place thereof. (4) The first sentence of section 5 is amended— so use 1°^^' (A) by striking out the words "missing or missing in action" 1005. and inserting the words "entitled under section 2 of this Act to receive or be credited with pay and allowances" in place thereof; and (B) by striking out the words "being a prisoner or of being interned" and inserting the words "the circumstances of the continued absence" in place thereof. (5) Section 6 is amended— J^ ^^^ ^21. (A) by striking out the words "and in the hands of a hostile looe. force or is interned in a foreign country" in the first sentence; and (B) by striking out the words "or missing in action" in the second sentence and inserting the words "under the conditions specified in section 2 of this Act" in place thereof. (6) Section 7 is amended by striking out the words "in November 100°."^^ ^^^' 1941 and any month subsequent thereto". (7) Section 10 is amended by inserting the words "Air Force," 10^10"^^^^^' after the word "Navy". (8) The first sentence of section 12 is amended by striking out the J12^^^ °^^' words "missing for a period of thirty days or more, interned in a foreign country, or captured by a hostile force" and inserting the words "absent for a period of thirty days or more in any status listed in section 2 of this Act" in place thereof. Tax deferment. (9) Section 13 is amended to read as follows: "SEC. 13. Notwithstanding any other provision of law, in the case of any taxable year beginning after December 31, 1940, no Federal income tax return of, or payment of any Federal income tax by—

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Page:United States Statutes at Large Volume 78.djvu/480

 438 76 Stat. 4 5 1, 453.

26 USC 6851, 6861, 6871.

PUBLIC LAW 88-429-AUG. 14, 1964

[78 STAT.

"(1) a member of the uniformed services as defined in section 101(3) and (23) of title37, United States Code; or "(2) any civilian officer or employee of any department; who, at the time any such return or payment would otherwise become due, is absent from his duty station under the conditions specified in section 2 of this Act, shall become due until the earlier of the following dates— " (A) the fifteenth day of the third month in which he ceased (except by reason of death or incompetency) to be absent from his duty station under the conditions specified in section 2 of this Act, unless before the expiration of that fifteenth day he again is absent from his duty station under the conditions specified in section 2 of this Act; or " (B) the fifteenth day of the third month following the month in which an executor, administrator, or conservator of the estate of the taxpayer is appointed. Such due date is prescribed subject to the power of the Secretary of the Treasury or his delegate to extend the time for filing such return or paying such tax, as in other cases, and to assess and collect the tax as provided in sections 6851, 6861, and 6871 of the Internal Revenue Code of 1954 in cases in which such assessment or collection is jeopardized and in cases of bankruptcy or receivership." Approved August 14, 1964.

Public Law 88-429 August 14, 1964 [H. R. 8523] Saxtnan, A l a s k a. Conveyance. 44 Stat. 630.

AN ACT

To authorize the conveyance of certain lands to the city of Saxman, Alaska. Be it enacted by the Senate and House of Representatives of the United States of America i/n Congress assembled, That the trustee for the city of Saxman, Alaska, appointed under the provisions of section 3 of the Act of May 25, 1926 (48 U.S.C. 355c), shall, under the direction of the Secretary of the Interior, convey to such city all right, title, and interest held by such trustee to all lands within the townsite of such city which on the date of enactment of this Act are unoccupied and not held in trust for an Indian or Eskimo under the provisions of such Act of May 25, 1926. Approved August 14, 1964.

Public Law 88-430 August 14, 1964 [H. R. 8251]

Veterans. Outpatient dental services. 72 Stat. 1142.

AN ACT To amend section 612, title 38, United States Code, to authorize dental services and treatment in cases where discharges were corrected by competent authority from dishonorable to conditions other than dishonorable. fie it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection 612(b)(2), title 38, United States Code, is amended by striking the semicolon at the end thereof and adding the following: ", except that if a disqualifying discharge or release has been corrected by competent authority application may be made within one year after the date of correction or the date of enactment of this exception, whicliever is later;". Approved August 14, 1964.

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 78 STAT. ]

PUBLIC LAW 88-431-AUG. 14, 1964

439

Public Law 88-431 AN ACT August 14, 1964 To amend section 406 of title 37, United States Code, with regard to the advance [H. R. 4739] movement of dependents and baggage and household effects of members of the uniformed services.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 406 of. uniformed servtitle 37, United States Code, is amended by adding the following new ^"^xravei and transsubsection at the end thereof: portation aiiow" (h) In the case of a member who is serving at a station outside the ances. United States or in Hawaii or Alaska, if the Secretary concerned 76 Stat. 473. determines it to be in the best interests of the member or his dependents and the United States, he may, when orders directing a change of permanent station for the member concerned have not been issued, or when they have been issued but cannot be used as authority for the transportation of his dependents, baggage, and household effects— " (1) authorize the movement of the member's dependents, baggage, and household effects at that station to an appropriate location in the United States or its possessions and prescribe transportation in kind, reimbursement therefor, or a monetary allowance in place thereof, as the case may be, as authorized under subsection (a) or (b) of this section; and "(2) authorize the transportation of one motor vehicle owned by the member and for his or his dependents' personal use to that location on a vessel owned, leased, or chartered by the United States or by privately owned American shipping services. If the member's baggage and household effects are in nontemporary storage under subsection (d) of this section, the Secretary concerned may authorize their movement to the location concerned and prescribe transportation in kind or reimbursement therefor, as authorized under subsection (b) of this section. For the purposes of this section, a member's unmarried child for whom the member received transportation in kind to his station outside the United States or in Hawaii or Alaska, reimbursement therefor, or a monetary allowance in place thereof and who became 21 years of age while the member was serving at that station shall be considered as a dependent of the member.' (b) The text of section 2634 of title 10, United States Code, is ^^ ^*^*- unamended to read as follows: "When a member of an armed force is ordered to make a permanent Motor vehicles. change of station, one motor vehicle owned by him and for his personal use may be transported to his new station at the expense of the United States— "(1) on a vessel owned, leased, or chartered by the United States; or "(2) by privately owned American shipping services; unless a motor vehicle owned by him was transported in advance of that permanent change of station under section 406(h) of title 37." (c)(1) Section 3(a) of the Act of August 10, 1956, ch. 1041, as amended (33 U.S.C. 857a(a)), is amended by adding the following ^^l^ll^^^g\^^'' new clause at the end thereof: " (11) Section 2634, Motor vehicles: for members on permanent change of station." 31-667 0-65—31

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 440

^^p^^^75 Stat. 506. 76Tat^*244^^^'

PUBLIC LAW 88-432-AUG. 14, 1964

[78 STAT.

(2) Section 20 of the Coast and Geodetic Survey Commissioned Qfficers' Act of 1948 (33 U.S.C. 853s) is repealed. (d) Section 221(a) of the Public Health Service Act, as amended ^^^ U.S.C. 213a(a)), is amended by adding the following new clause at the end thereof: "(10) Section 2634, Motor vehicles: for members on permanent change of station." Approved August 14, 1964.

Public Law 88-432 August 14, 1964 AN ACT [H. R. 9634] rj^fy authorize the Secretary of Defense to lend certain Army, Navy, and Air Force equipment and provide certain services to the Girl Scouts of the United States of America for use at the 1965 Girl Scouts Senior Roundup encampment, and for other purposes.

Girl Scouts. nint^^ ^"''^'"^' 36 us^c 3\%9

^°"'^-

Services.

Agency 3s-

sistance. ' " "

Be it enacted by the /Senate and House of Representatives of the United /States of America in Congress aMeinbled, That (a) the Secre^''^^y ^t I^^fense is hereby authorized, under such regulations as he may prescribe, to lend to the Girl Scouts of the United States of America, '^ corporation created under the Act of March 16, 1950, for the use and accommodation of approximately eleven thousand Girl Scouts and officials who are to attend the Girl Scouts senior roundup encampment to be held in July 1965, at Farragut Wildlife Management Area, Idaho, such tents, cots, blankets, commissary equipment, flags, refrigerators, vehicles, and other equipment as may be necessary or useful to the extent that items are in stock and available and their issue will not jeopardize the national defense program. (b) Such equipment is authorized to be delivered at such time prior to the holding of such encampment, and to be returned at such time after the close of such encampment, as may-be agreed upon by the Secretary of Defense and the Girl Scouts of the United States of America. No expense shall be incurred by the United States Government for the delivery and return of such equipment and the Girl Scouts of the United States of America shall pay for the cost of the actual rehabilitation and repair or replacement of such equipment. (c) The Secretary of Defense, before delivering such property, shall take from the Girl Scouts of the United States of America a good and sufficient bond for the safe return of such property in good order and condition, and the whole without expense to the United States. SEC. 2. The Secretary of Defense is hereby authorized, under such regulations as he may prescribe, to provide to the Girl Scouts of the United States of America, in support of the encampment referred to in subsection (a) of the first section of this Act, such communication, medical, engineering, protective, and other logistical services as may be necessary or useful to the extent that such services are available and the providing of them will not jeopardize the national defense program. SEC. 3. Each department of the Federal Government is hereby authorized under such regulations as may be prescribed by the Secretary thereof to assist the Girl Scouts of the United States of America in the carrying out and the fulfillment of the plans for the encampment referred to in subsection (a) of the first section of this Act. Approved August 14, 1964.

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 78 STAT. ]

PUBLIC LAW 88-433-AUG. 14, 1964

441

Public Law 88-433 AN ACT August 14, 1964 To facilitate the perf<)rmance of medical research and development within the [H. R. 8611] Veterans' Administration, by providing for the indemnification of contractors.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 216. veterans Adminof title 88, United States Code, is amended by inserting " (1) " immedi- 'Res'errch conately after " (a) ", and changing " (b) " and " (c) " to " (2) " and " (3) ", tractors, indemniI•

1

respectively. (b) Such section 216 is further amended by adding at the end thereof a new subsection (b), as follows: "(b)(1) With the approval of the Administrator, any contract for research authorized by this section or for medical research or development authorized by section 4101 of this title, the performance of which involves a risk of an unusually hazardous nature, may provide that the United States will indemnify the contractor against either or both of the following, but only to the extent that they arise out of the direct performance of the contract and to the extent not covered by the financial protection required under subsection (b)(5) — " (A) liability (including reasonable expenses of litigation or settlement) to third persons, except liability under State or Federal Workmen's Compensation Acts to employees of the contractor employed at the site of and in connection with the contract for which indemnification is granted, for death, bodily injury, or loss of or damage to property, from a risk that the contract defines as unusually hazardous. " (B) loss of or damage to property of the contractor from a risk that the contract defines as unusually hazardous. "(2) A contract that provides for indemnification in accordance with subsection (b)(1) must also provide for— " (A) notice to the United States of any claim or suit against the contractor for death, bodily injury, or loss of or damage to property; and " (B) control of or assistance in the defense by the United States, at its election, of any such suit or claim for which indemnification is provided hereunder. "(3) No payment may be made under subsection (b)(1) unless the Administrator, or his designee, certifies that the amount is just and reasonable. "(4) Upon approval by the Administrator, payments under subsection (b)(1) may be made from— " (A) funds obligated for the performance of the contract concerned; " (B) funds available for research or development, or both, and not otherwise obligated; or " (C) funds appropriated for those payments. "(5) Each contractor which is a party to an indemnification agreement under subsection (b)(1) shall have and maintain financial protection of such type and in such amounts as the Administrator shall require to cover liability to third persons and loss of or damage \o the contractor's property. The amount of financial protection required shall be the maximum amount of insurance available from private sources, except that the Administrator may establish a lesser amount, taking int^ consideration the cost and terms of private insurance. Such financial protection may include private insurance, ]>rivate contractual indemnities, self-insurance, other proof of financial responsibility, or a combination of such measures.

fication.

72stat. m e.

^^ Stat. 1243.

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Page:United States Statutes at Large Volume 78.djvu/484

 442

"Contractor."

Special restorative training. Effective date.

PUBLIC LAW 88-434-AUG. 14, 1964

[78 STAT.

"(6) I n administering the provisions of this section, the Administrator may use the facilities and services of private insurance organizations, and he may contract to pay a reasonable compensation therefor. Any contract made under the provisions of this subsection may be made without regard to the provisions of section 3709 of the Revised Statutes (41 U.S.C. 5), upon a showing by the Administrator that advertising is not reasonably practicable, and advance payments may be made. "(7) The authority to indemnify contractors under this section does not create any rights in third persons which would not otherwise exist by law. "(8) As used in this section, the term 'contractor" includes subcontractors of any tier under a contract in which an indemnification provision pursuant to subsection (b)(1) is contained." (c) Such section 216 is further amended by adding the following at the end of the catchline:"; indemnification of contractors". (d) The analysis of chapter 3 of such title 38 regarding section 216 is amended by inserting before the period at the end thereof "; indemnification of contractors". SEC. 2. The amendments made by section 6 of the Act of July 7, 1964 (Public Law 88-361,78 Stat. 297), shall take effect as of January 1, 1964. Approved August 14, 1964.

Public Law 88-434 August 14, 1964 [H. R. 7751]

Los Angeles, Calif.; Hazard Park. Army Reserve Center, construction.

AN ACT To extend certain construction authority to the Administrator of Veterans' Affairs in order to provide adequate veterans' tiospital facilities in Los Angeles, California.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to make available an adequate site for the proposed Veterans' Administration hospital on land known as Hazard Park, city of Los Angeles, California, the Administrator of Veterans' Affairs is authorized to construct for the Department of Defense an Army Reserve Center on a site approved by the Department of Defense to be provided for such purpose by the city of Los Angeles and pursuant to specifications established by such Department or any component thereof. Such construction may be effected under any procedure now authorized for the construction of Veterans' Administration hospitals. SEC. 2. Upon completion of such Reserve Center the Department of Defense is authorized to (1) assume full control and jurisdiction thereof, and (2) relinquish to the Veterans' Administration all right, title, and interest in and to the now existing Army Reserve Center located on the Hazard Park tract. SEC. 3. Funds appropriated to the Veterans' Administration for the construction of hospital and domiciliary facilities shall be available for the purpose of the first section of this Act. Approved August 14, 1964.

'"«ni

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 78 STAT. ]

PUBLIC LAW 88-436-AUG. 14, 1964

443

Public Law 88-435 AN ACT August 14, 1964 To validate certain payments of per diem allowances made to members of the [H.R. 11255] Coast Guard.

Be it enacted by the Senate and House of Bejn-esentatives of the Coa United States of America in Congress assembled, That all duly author- Per St Guard, diem allowized payments of per diem allowances made to members of the Coast a n c e s, validation. Guard who served in the precommissioning detail for the Coast Guard Eeserve Training Center, Yorktown, Virginia, from March 8, 1959, to July 2, 1959, are validated. Any member or former member who has made a repayment to the United States of any amount authorized and so paid to him as a per diem allowance is entitled to have refunded to him the amount so repaid. No person who received per diem payments referred to in this section is entitled to receive quarters or subsistence allowance in addition to the validated per diem payments for the same period. SEC. 2. The Comptroller General of the United States, or his designee, shall relieve authorized certifying officers of the Coast Guard from accountability or responsibility for any duly authorized payments described in section 1 of this Act, and shall allow credits in settlement of the accounts of those officers for dul}'^ authorized payments which are found to be free from fraud and collusion. SEC. 3. Appropriations available to the Coast Guard for operating expenses are available for payments under this Act. Approved August 14, 1964.

Public Law 88-436 AN ACT To amend title 10, United States Code, to authorize increased fees for the sale of United States Naval Oceanographic Office publications.

Be it enMct^d by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 7394 of title 10, United States Code, is amended to read as follows: '*§ 7394. Price of maps, charts, and navigational publications "All maps, charts, and other publications offered for sale by the United States Naval Oceanographic Office shall be sold at such prices and under such regulations as may be determined by the Secretary of the Navy. Money received from the sales shall be covered into the Treasury." (b) The analysis of chapter 639 of title 10, United States Code, is amended by striking out the following item:

August 14, 1964 [H. R. 10319]

U.S. Naval Oceanographic Office publications. Increased f e e s. 70A Stat. 457.

"7394. Price of maps, charts, and nautical books."

and inserting the following item in place thereof:
 * 7394. Price of maps, charts, and navigational publications."

SEC. 2. The proviso under the subtitle "Bureau of Navigation" in the Act of February 14, 1879, ch. 68 (20 Stat. 284, 286; 44 U.S.C. 279a), is repealed. Approved August 14, 1964.

Repeal.

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PUBLIC LAW 88-437-AUG. 14, 1964

[78 STAT.

Public Law 88-437 August 14, 1964 [H, R. 11035]

Naval v e s s e l loans. Extension. 70A Stat. 452. 50 USC app. 1878-18781, 1879.

Notice to Congress.

AN ACT To authorize the extension of certain naval vessel loans now in existence.

Be it enacted by the Senate and House of Representatives of the United States of America in (Congress assembled, That, notwithstanding section 7307 of title 10, United States Code, or any other law, the President may extend on such terms and under such conditions as he deems appropriate the loan of ships, previously authorized as indicated, as follows: (1) Argentina, two submarines (Act of July 18, 1958 (72 Stat. 3 7 6)); (2) Brazil, two destroyers (Act of July 18, 1958 (72 Stat. 3 7 6)); (3) China, four destroyers (Act of August 5, 1953 (67 Stat. 363), as amended); (4) Germany, five destroyers (Act of July 18, 1958 (72 Stat. 3 7 6)); (5) Greece, four destroyers (Act of July 18, 1958 (72 Stat. 3 7 6)); (6) Italy, three submarines (Act of August 5, 1953 (67 Stat. 363), as amended, and Act of July 18, 1958 (72 Stat. 376)); (7) Japan, one submarine (Act of August 5, 1953 (67 Stat. 3 6 3)); four destroyers (Act of August 5, 1953 (67 Stat. 363) and Act of July 18, 1958 (72 Stat. 376)), and two destroyer escorts (Act of August 5, 1953 (67 Stat. 363)); (8) Netherlands, two submarines (Act of July 11, 1952 (66 Stat. 587)^ as amended); (9) Peru, one destroyer (Act of July 18, 1958 (72 Stat. 3 7 6)); (10) Spain, one submarine and three destroyers (Act of July 18, 1958 (72 Stat. 3 7 6)); (11) Thailand, one destroyer escort (Act of July 18, 1958 (72 Stat. 3 7 6)); and (12) Turkey, five submarines (Act of August 7, 1953 (67 Stat. 471), as amended, and Act of July 18, 1958 (72 Stat. 376)). SEC. 2. All loan extensions executed under this Act shall be for periods not exceeding five years, but the President may in his discretion extend such loans for an additional period of not more than five years. They shall be made on the condition that they may be terminated at an earlier date if necessitated by the defense requirements of the United States. SEC. 3. No loan may be extended under this Act unless the Secretary of Defense, after consultation with the Joint Chiefs of Staff, determines that such extension is in the best interest of the United States. The Secretary of Defense shall keep the Congress currently advised of all extensions made under authority of this Act. SEC. 4. The President may promulgate such rules and regulations as he deems necessary to carry out the provisions of this Act. Approved August 14, 1964.

Public Law 88-438 August 14, 1964 [H. R. 10610]

McKinney, Tex. Conveyance.

AN ACT To provide for the conveyance of certain real property under the control of the Administrator of Veterans' Affairs.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Administrator of Veterans' Affairs shall be authorized to convey to the city of McKinney, Texas, at 50 per centum of its appraised value, and for recreational purposes, all right, title, and interest of the United States in and to a portion of the real property of the Veterans' Administration Hospital, McKinney, Texas, approximating thirty-nine acres, more or less. The exact legal description and the appraised value

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of such real property shall be determined by the Administrator of Veterans' Affairs and in the event a survey or an appraisal is required in order to make such determinations the city of McKinney shall bear the expense thereof. SEC. 2. Any deed of conveyance made pursuant to this Act shall contain such additional terms, conditions, reservations, and restrictions as may be determined by the Administrator of Veterans' Affairs to be necessary to protect the interests of the United States. Approved August 14, 1964.

Public Law 88-439 AN ACT To amend subsection (c) of section 1332 of title 28, United States Code, relating to diversity of citizenship.

August 14, 1964 [H. R. 1997]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (c) District courts. Diversity jurisof section 1332 of title 28, United States Code, is amended to read as diction! follows:

72 Stat. 415.

"(c) For the purposes^f this section and section 1441 of this title, a corporation shall be deemed a citizen of any State by which it has been incorporated and of the State where it has its principal place of business: Provided further, That in any direct action against the insurer of a policy or contract of liability insurance, whether incorporated or unincorporated, to which action the insured is not joined as a party-defendant, such insurer shall be deemed a citizen of the State of which the insured is a citizen, as well as of any State by which the insurer has been incorporated and of the State where it has its principal place of business." SEC. 2. The amendment made by this Act to section 1332(c), title 28, United States Code, applies only to causes of action arising after the date of enactment of this Act. Approved August 14, 1964.

^^ Stat. 937.

Public Law 88-440 AN ACT To provide for the conveyance of certain real property under the control of the Administrator of Veterans' Affairs.

August 14, 1964 [H. R. 106II]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Admin- s'ewi"e*^ralt^''' istrator of Veterans' Affairs is authorized to convey to the city of conveyance. McKinney, Texas, the sewage treatment plant (with easements relating thereto) of the Veterans' Administration hospital of McKinney, Texas, if the city of McKinney, Texas, in consideration therefor, agrees to treat all sewage from such hospital without charge for a period of ten years from the date of such conveyance. SEC. 2. Any deed of conveyance made pursuant to this Act shall contain such additional terms, conditions, reservations, and restrictions as may be determined by the Administrator of Veterans' Affairs to be necessary to protect the interests of the United States. Approved August 14, 1964.

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[78 STAT.

Public Law 88-441 August 14, 1964 [S. 1336]

Coast and Geodetic Survey. P r i c i n g of charts.

F r e e distribution. Limitation.

AN ACT To provide that the price at which the Coast and Geodetic Survey sells certain charts and related material to the public shall not be less than the cost thereof. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 76 of the Act entitled "An Act providing for the public printing and binding and the distribution of public documents", approved January 12, 1895 (28 Stat. 620; 44 U.S.C. 246), as amended, is amended to read: "a. The charts published by the Coast and Geodetic Survey shall be sold at cost of paper and printing as nearly as practicable. The price to the public shall include all expenses incurred in actual reproduction of the charts after the original cartography, such as photography, opaquing, platemaking, press time and bindery operations; the full postage rates, according to the rates for postal services used; and any additional cost factors deemed appropriate by the Secretary, such as overhead and administrative expenses allocable to the production of the charts and related representatives: Provided, That the costs of basic surveys and geodetic work done by the Coast and Geodetic Survey shall not be included in the price of such charts and reference materials. The Secretary of Commerce shall publish the prices at which such charts and representatives are sold to the public at least once each calendar year. "b. There shall be no free distribution of such charts except to the departments and officers of the United States requiring them for public use; and a number of copies of each sheet, not to exceed three hundred, to be presented to such foreign governments, libraries, and scientific associations, and institutions of learning as the Secretary of Commerce may direct; but on the order of Senators, Representatives, and Delegates not to exceed one hundred copies to each may be distributed through the Director of the Coast and Geodetic Survey." Approved August 14, 1964.

Public Law 88-442 August 14, 1964 [H. R. 9521]

Missouri River Basin.

58 Stat. 891; 74 Stat. 502; 77 Stat. 842.

AN ACT To increase the authorization for appropriation for continuing work in the Missouri River Basin by the Secretary of the Interior. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in addition to previous authorizations, there is hereby authorized to be appropriated for fiscal years 1965 and 1966 the sum of $120,000,000 for the prosecution of the comprehensive plan adopted by section 9(a) of the Act approved December 22, 1944 (Public Law Numbered 534, Seventyeighth Congress), as amended and supplemented by subsequent Acts of Congress, for continuing the works in the Missouri River Basin to be undertaken under said plans by the Secretary of the Interior. No part of the funds hereby authorized to be appropriated shall be available to initiate construction of any unit of the Missouri River Basin project, whether included in said comprehensive plan or not, which is not hereafter authorized by Act of Congress. Approved August 14, 1964.

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Public Law 88-443 AN ACT To improve the public health through revising, consolidating, and improving the hospital and other medical facilities provisions of the Public Health Service Act.

August 18, 1964 [H. R. i004l]

Be it enacted by the Senate and House of Representatives of the United States of Atnerlca in Congress assembled, That this Act may ^j^°^''f p ^nlbe cited as the "Hospital and Medical Facilities Amendments of ties Amendments 1964".

°f 1964.

SEC. 2. Part B of title III of the Public Health Service Act (42 U.S.C. 24Ji, et seq.) is amended by inserting at the end thereof the 75^stat^*824^^' following new section: 76 stat! nss. "SPECIAL PROJECT GRANTS FOR ASSISTING IN THE AREAWIDE PLANNING or HEALTH AND REI^VTED FACILITIES

"SEC. 818. There are authorized to be appropriated $2,500,000 for the fiscal year ending June 30, 1965, and $5,000,000 for each of the next four fiscal years to enable the Surgeon General to make grants to the appropriate State agency or agencies designated in accordance with section 604(a)(1) to cover not to exceed 50 per centum of the costs of projects for developing (and from time to time revising) and supervising and assisting in the carrying out of comprehensive regional, metropolitan area, or other local area plans for coordination of existing and planned health facilities, and facilities related thereto, and services provided by such facilities." SEC. 3. (a) Title VI of the Public Health Service Act (42 U.S.C., (h. 6A, subch. IV) is amended to read as follows: ' TITLE VI — A S S I S T A N C E FOR CONSTRITCTION AND M O D E R N I Z A T I O N OF H O S P I T A L S AND OTHER M E D I CAL F A C I L I T I E S '"DECLARATION OF PURIH)SE

"SEC. 600, The purpose of this title is— " (a) to assist the several States in the carrying out of their programs for the construction and modernization of such public or other nonprofit community hospitals and other medical facilities as may be necessary, in conjunction with existing facilities, to furnish adequate hospital, clinic, or similar services to all their people; "(b) to stimulate the development of new or improved types of physical facilities for medical, diagnostic, preventive, treatment, or rehabilitative services; and "(c) to promote research, exi^eriments, and demonstrations relating to the effective development and utilization of hospital, clinic, or similar services, facilities, and resources, and to promote the coordination of such research, experiments, and demonstrations and the useful application of their results.

°^ P* ''^^•

60 Stat. 1041; 68 Stat. 461; 72 Stat. 489.

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[78 STAT.

" P A R T A—GRANTS AND LOANS FOR CONSTRUCTION AND MODERNIZATION OP HOSPITALS AND OTHER MEDICAL FACILITIES "AUTHORIZATION OF APPROPRIATIONS FOR CONSTRUCTION GRANTS

"SEC. 601. I n order to assist the States in carrying out the purposes of section 600, there are authorized to be appropriated— " (a) for the fiscal year ending June 30, 1965, and each of the next four fiscal years— "(1) $70,000,000 for grants for the construction of public or other nonprofit facilities for long-term care; "(2) $20,000,000 for grants for the construction of public or other nonprofit diagnostic or treatment centers; "(3) $10,000,000 for grants for the construction of public or other nonprofit rehabilitation facilities; " (b) for grants for the construction of public or other nonprofit hospitals and public health centers and for grants for modernization of such facilities and the facilities referred to in paragraph (a), $150,000,000 for the fiscal year ending June 30, 1965, $160,000,000 for the fiscal year ending June 30, 1966, $170,000,000 for the fiscal year ending June 30, 1967, and $180,000,000 each for the next two fiscal years. "STATE ALLOTMENTS

"SEC. 602. (a)(1) Each State shall be entitled for each fiscal year to an allotment bearing the same ratio to the sums appropriated for such year pursuant to subparagraphs (1), (2), and (3), respectively, of section 601(a), and to an allotment bearing the same ratio to the new hospital portion of the sums appropriated for such year pursuant to section 601(b), as the product of— " (A) the population of such State, and " (B) the square of its allotment percentage, bears to the sum of the corresponding products for all of the States. As used in this paragraph, the new hospital portion of sums appropriated pursuant to section 601(b) (which portion shall be available for grants for the construction of public or other nonprofit hospitals and public health centers) is 100 per centum of such sums in the case of the fiscal year ending June 30, 1965, seven-eighths thereof in the case of the first fiscal year thereafter, twenty-seven thirty-fourths thereof in the case of the second fiscal year thereafter, thirteeneighteenths thereof in the case of the third fiscal year thereafter, twenty-five thirty-sixths thereof in the case of the fourth fiscal year thereafter. " (2) For each fiscal year beginning after June 30, 1965, the Surgeon General shall, in accordance with regulations, make allotments from the remainder of the sums appropriated pursuant to section 601(b) (which portion shall be available for grants for modernization of facilities referred to in paragraphs (a) and (b) of section 601) on the basis of the population, the extent of the need for modernization of the facilities referred to in paragraphs (a) and (b) of section 601, and the financial need of the respective States. " (b)(1) The allotment to any State under subsection (a) for any fiscal year which is less than— " (A) $25,000 for the Virgin Islands, American Samoa, or Guam and $50,000 for any other State, in the case of an allotment for grants for the construction of public or other nonprofit rehabilitation facilities, " (B) $50,000 for the Virgin Islands, American Samoa, or Guam and $100,000 for any other State in the case of an allotment

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for grants for the construction of public or other nonprofit diagnostic or treatment centers, or " (C) $100,000 for the Virgin Islands, American Samoa, or Guam and $200,000 for any other State in the case of an allotment for grants for the construction of public or other nonprofit facilities for long-term care or for the construction of public or other nonprofit hospitals and public health centers, or for the modernization of facilities referred to in paragraph (a) or (b) of section 601, shall be increased to that amount, the total of the increases thereby required being derived by proportionately reducing the allotment from appropriations under such subparagraph or paragraph to each of the remaining States under subsection (a) of this section, but with such adjustments as may be necessary to prevent the allotment of any of such remaining States from appropriations under such subparagraph or paragraph from being thereby reduced to less than that amount. "(2) An allotment of the Virgin Islands, American Samoa, or Guam for any fiscal year may be increased as provided in paragraph (1) only to the extent it satisfies the Surgeon General, at such time prior to the beginning of such year as the Surgeon General may designate, that such increase will be used for payments under and in accordance with the provisions of this part. " (c) For the purposes of this part— cenlL^eT"* ^^"^ "(1) The 'allotment percentage' for any State shall be 100 per centum less that percentage which bears the same ratio to 50 per centum as the per capita income of such State bears to the per capita income of the United States, except that (A) the allotment percentage shall in no case be more than 75 per centum or less than ZSy^ per centum, and (B) the allotment percentage for the Commonwealth of Puerto Rico, Guam, American Samoa, and the Virgin Islands shall be 75 per centum. "(2) The allotment percentages shall be determined by the Surgeon General between July 1 and September 30 of each even-numbered year, on the basis of the average of the per capita incomes of each of the States and of the United States for the three most recent consecutive years for which satisfactory data are available from the Department of Commerce, and the States shall be notified promptly thereof. Such determination shall be conclusive for each of the two fiscal years in the period beginning July 1 next succeeding such determination. "(3) The population of the several States shall be determined on the basis of the latest figures certified by the Department of Commerce. "(4) The term 'United States' means (but only for purposes of paragraphs (1) and (2)) the fifty States and the District of Columbia. " (d)(1) Any sum allotted to a State, other than the Virgin Islands, American Samoa, and Guam for a fiscal year under this section and lemaining unobligated at the end of such year shall remain available to such State, for the purpose for which made, for the next fiscal year (and for such year only), in addition to the sums allotted to such State for such purpose for such next fiscal year. "(2) Any sum allotted to the Virgin Islands, American Samoa, or Guam for a fiscal year under this section and remaining unobligated at the end of such year shall remain available to it, for the purpose for which made, for the next two fiscal years (and for such years only), in addition to the sums allotted to it for such purpose for each of such next two fiscal years. " (e)(1) Upon the request of any State that— " (A) a specified portion of any allotment of such State under paragraph (1) of subsection (a), other than an allotment for

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[78 STAT.

grants for the construction of public or other nonprofit rehabilitation facilities, be added to another allotment of such State under paragraph (1) or (2) of such subsection, other than an allotment for grants for the construction of public or other nonprofit hospitals and public health centers, or " (B) a specified portion of an allotment of such State under paragraph (2) of subsection (a) be added to an allotment of such State under paragraph (1) of such subsection, and upon simultaneous certification to the Surgeon General by the State agency in such State to the effect that— '•(C) it has afforded a reasonable opportunity to make applications for the portion so specified and there have been no approvable applications for such portion, or " (D) in the case of a request to transfer a portion of an allotment under paragraph (1) of subsection (a) for grants for the construction of public or other nonprofit hospitals and public health centers, use of such portion as requested by such State agency will better carry out the purposes of this title, the Surgeon General shall promptly (but after application of subsection (b)) adjust the allotments of such State in accordance with such request and shall notify the State agency. "(2) In addition to the transfer of portions of allotments under paragraph (1), the Surgeon General, upon the request of any State that a specified portion of an allotment of such State under paragraph (2) of subsection (a) be added to an allotment of such State under paragraph (1) of such subsection for grants for the construction of public or other nonprofit hospitals and public health centers and upon simultaneous certification to him by the State agency in such State to the effect that the need for new public or other nonprofit hospitals and public health centers is substantially greater than the need for modernization of facilities referred to in paragraph (a) or (b) of section 601, shall promptly (but after application of subsection (b) of this section) adjust the allotments of such State in accordance with such request and shall notify the State agency; except that not more than the following portions of allotments of a State under paragraph (2) of subsection (a) may be so added (under this paragraph) to allotments of such State under paragraph (1) of such subsection: " (A) in the case of an allotment under paragraph (2) of subsection (a) for the fiscal year ending June 30, 1966, one-half of such allotment; " (B) in the case of an allotment thereunder for the fiscal year ending June 30, 1967, three-sevenths of such allotment; " (C) in the case of an allotment thereunder for the fiscal year ending June 30, 1968, two-fifths of such allotment; and " (D) in the case of an allotment thereunder for the fiscal year ending June 30, 1969, five-elevenths of such allotment. ^'(3) After adjustment of allotments of any State as provided in paragraph (1) or (2) of this subsection, the allotments as so adjusted shall be deemed to be the State's allotments under this section. " (f) In accordance with regulations, any State may file with the Surgeon General a request that a specified portion of an allotment to it under this part for grants for construction of any type of facility, or for modernization of facilities, be added to the corresponding allotment of another State for the purpose of meeting a portion of the Federal share of the cost of a project for the construction of a facility of that type in such other State, or for modernization of a facility in such other State, as the case may be. If it is found by the Surgeon General (or, in the case of a rehabilitation facility, by the Surgeon General and the Secretary) that construction or modernization of the

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facility with respect to which the request is made would meet needs of the State making the request and that use of the specified portion of 'such State's allotment, as requested by it, would assist in carrying out the purposes of this title, such portion of such State's allotment shall be added to the corresponding allotment of the other State, to be used for the purpose referred to above. "GENERAL REGULATIONS

"SEC. 603. The Surgeon General, with the approval of the Federal Hospital Council and the Secretary of Health, Education, and Welfare, shall by general regulations prescribe— " (a) the general manner in which the State agency shall determine the priority of projects based on the relative need of different areas lacking adequate facilities of various types for which assistance is available under this part, giving special consideration— "(1) in the case of projects for the construction of hospitals, to facilities serving rural communities and areas with relatively small financial resources; "(2) in the case of projects for the construction of rehabilitation facilities, to facilities operated in connection with a university teaching hospital which will provide an integrated program of medical, psychological, social, and vocational evaluation and services under competent supervision; "(3) in the case of projects for modernization of facilities, to facilities serving densely populated areas; and "(4) to the extent deemed feasible by the State agency, to hospital facilities which will include new or expanded facilities for nurse training; "(b) general standards of construction and equipment for facilities of different classes and in different types of location, for which assistance is available under this part; "(c) criteria for determining needs for general hospital and long-term care beds, and needs for hospitals and other facilities for which aid under this part is available, and for developing plans for the distribution of such beds and facilities; " (d) criteria for determining the extent to which existing facilities, for which aid under this part is available, are in need of modernization; and "(e) that the State plan shall provide for adequate hospitals, and other facilities for which aid under this part is available, for all persons residing in the State, and adequate hospitals (and such other facilities) to furnish needed services for persons unable to pay therefor. Such r e f l a t i o n s may also require that before approval of an application for a project is recommended by a State agency to the Surgeon General for approval under this part, assurance shall be received by the State from the applicant that (1) the facility or portion thereof to be constructed or modernized will be made available to all persons residing in the territorial area of the applicant; and (2) there will be made available in the facility or portion thereof to be constructed or modernized a reasonable volume of services to persons unable to pay therefor, but an exception shall be made if such a requirement is not feasible from a financial viewpoint.

451

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[78 STAT.

"STATE PLANS

"SEC. 604. (a) Any State desiring to participate in this part may submit a State plan. Such phm must— "(1) designate a single State agency as the sole agency for the administration of the plan, or designate such agency as the sole agency for supervising the administration of the plan; "(2) contain satisfactory evidence that the State agency designated in accordance with paragraph (1) will have authority to carry out such plan in conformity with this part; "(3) provide for the designation of a State advisory council which shall include representatives of nongovernmental organizations or groups, and of public agencies, concerned with the operation, construction, or utilization of hospital or other facilities for diagnosis, prevention, or treatment of illness or disease, or for provision of rehabilitation services, and an equal number of representatives of consumers familiar with the need for the services provided by such facilities, to consult with the State agency in carrying out the plan, and provide, if such council does not include any representatives of nongovernmental organizations or groups, or State agencies, concerned with rehabilitation, for consultation with organizations, groups, and State agencies so concerned; "(4) set forth, in accordance with criteria established in regulations prescribed under section 603 and on the basis of a statewide inventory of existing facilities, a survey of need, and (except to the extent provided by or pursuant to such regulations) community, area, or regional plans— " (A) the number of general hospital beds and lon^-term care beds, and the number and types of hospital facilities and facilities for long-term care, needed to provide adequate facilities for inpatient care of people residing in the State, and a plan for the distribution of such beds and facilities in service areas throughout the State; " (B) the public health centers needed to proivide adequate public health services for people residing in the State, and a plan for the distribution of such centers throughout the State; " (C) the diagnostic or treatment centers needed to provide adequate diagnostic or treatment services to ambulatory patients residing in the State, and a plan for distribution of such centers throughout the State; " (D) the rehabilitation facilities needed to assure adequate rehabilitation services for disabled persons residing in the State, and a plan for distribution of such facilities throughout the State; and " (E) effective January 1, 1966, the extent to which existing facilities referred to in section 601(a) or (b) in the State are in need of modernization; "(5) set forth a construction and modernization program conforming to the provisions set forth pursuant to paragraph (4) and regulations prescribed under section 603 and providing for construction or modernization of the hospital or long-term care facilities, public health centers, diagnostic or treatment centers, and rehabilitation facilities which are needed, as determined under the provisions so set forth pursuant to paragraph (4); "(6) set forth, with respect to each of such types of medical facilities, the relative need, determined in accordance with regulations prescribed under section 603, for projects for facilities of

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