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PUBLIC LAW 88-322-JUNE 25, 1964

[78 STAT.

Public Law 88-322 June 25, 1964 [H. R. 9934]

Minnesota. St. L o u i s River, construction of dam. 30 Stat. 1151.

Termination of authority.

AN ACT <J^^^ authorize the construction of a dam on the Saint Louis River, Minnesota.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent of Congress is hereby granted for th© purposes of section 9 of the Act of March 3, 1899 (33 U.S.C. 401), to the Eveleth Taconite Company, a Minnesota corporation, its successors and assigns, to construct a dam on the Saint Louis River, Minnesota, townships 56 and.57 north, range 18 west, Saint Louis County, Minnesota. SEC. 2. The authority granted by this Act shall terminate if the actual construction of the dam hereby authorized is not commenced within five years and completed within ten years from the date of the passage of this Act. Approved June 25, 1964. Public Law 88-323

June 25, 1964 [H. R. 10465]

U.S. p e r s o n n e l. P e r s o n a l and household eff e c t s, free importation. 77A Stat. 434. 19 USC 1202.

AN ACT To extend for a temporary period the existing provisions of law relating to the free importation of personal and household effects brought into the United States under Government orders.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) item 915.20 of title I of the Tariff Act of 1930 (Tariff Schedules of the United States; 28 F.R., part II, page 434, Aug. 17, 1963) is amended by striking out "On or before 6/30/64" and inserting in lieu thereof "On or before 6/30/66". (b) The amendment made by subsection (a) shall apply with respect to articles entered, or withdrawn from warehouse, for consumption, after June 30, 1964. Approved June 25, 1964. Public Law 88-324

June 29, 1964 [H. R. 10463]

Metal s c r a p. Duty s u s p e n 77A Stat. 433. 19 USC 1202.

AN ACT To c«mtinue until the dose of June.30, 196o, the existing suspension of duties for metal scrap.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the matter appearing in the effective period column for items 911.10, 911.11, and 911.12 of title I of the Tariff Act of 1930 (Tariff Schedules of the United States; 28 F.R., part II, page 433, Aug. 17, 1963) is amended by striking out "On or before 6/30/64" and inserting in lieu thereof "On or before 6/30/65". (b) The amendment made by subsection (a) shall apply with respect to articles entered, or withdrawn from warehouse, for consumption, after June 30, 1964. Approved J u n » 29, 1964.

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PUBLIC LAW 88-325-JUNE 29, 1964

223

Public Law 88-325 JOINT RESOLUTION Making continuing appropriations for the fiscal year 1965, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, for the several departments, agencies, corporations, and other organizational units of the Government, for the fiscal year 1965, namely: SEC. 101. (a)(1) Such amounts as may be necessary for continuing projects or activities (not otherwise specifically provided for in this joint resolution) which were conducted in the fiscal year 1964 and for which appropriations, funds, or other authority would be available in the following appropriation Acts for the fiscal year 1965: District of Columbia Appropriation Act; Department of the Interior and Related Agencies Appropriation Act; Treasury-Post Office Departments and Executive Office Appropriation Act; Legislative Branch Appropriation Act; Departments of Labor and Health, Education, and Welfare Appropriation Act; Department of Defense Appropriation Act; Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act; Department of Agriculture and Related Agencies Appropriation Act; Independent Offices Appropriation Act; Military Construction Appropriation Act; and the Public Works Appropriation Act. (2) Appropriations made by this subsection shall be available to the extent and in the manner which would be provided by the pertinent appropriation Act. (3) Whenever the amount which would be made available or the authority which would be granted under an Act listed in this subsection as passed by the House is different from that which would be available or granted under such Act as passed by the Senate, the pertinent project or activity shall be continued under the lesser amount or the more restrictive authority. (4) Whenever an Act listed in this subsection has been passed by only one House or where an item is included in only one version of an Act as passed by both Houses, the pertinent project or activity shall be continued under the appropriation, fund, or authority, granted by the one House, but at a rate for operations not exceeding the current rate or the rate permitted by the action of the one House, whichever is lower: Provided, That no provision which is included in an appropriation Act enumerated in this subsection but which was not included 111 the applicable appropriation Act for the fiscal year 1964, and which by its terms is applicable to more than one appropriation, fund, or authority, shall be applicable to any appropriation, fund, or authority, provided in this joint resolution unless such provision shall have been included in identical form in such bill as enacted by both the House and Senate. (b) Such amounts as may be necessary for continuing projects or activities which were conducted in the fiscal year 1964 and are listed in this subsection at a rate for operations not in excess of the current

June 29, 1964 [H.J. Res. 1056]

Continuing appropriations, 1965.

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77 Stat. 857.

70 Stat. 9 23. 42 USC 242d. 42 USC 242e. 60 Stat. 1042; 68 Stat. 462. 42 USC 29 Id291h, 291s-291v. 75 Stat. 142. 76 Stat. 196. 42 USC 1313.

31 USC 665.

PUBLIC LAW 88-326-JUNE 29, 1964

[78 STAT.

rate or the rate provided for in the budget estimate, whichever is lower, and under the more restrictive authority: Foreign assistance and other activities for which provision was made in the Foreign Aid and Related Agencies Appropriation Act, 1964; National Aeronautics and Space Administration; and Department of Health, Education, and Welfare: OiRce of Education: Grants for library services. (c) Such amounts as may be necessary for continuing projects or activities which were conducted by the Department of Health, Education, and Welfare in the fiscal year 1964 and are listed in this subsection at a rate for operations not in excess of the current rate: Public health traineeship grants under section 306 of the Public Health Service Act, as amended; Professional nurse traineeship grants under section 307 of the Public Health Service Act, as amended; Hospital and medical facilities construction grants under parts C and G of title VI of the Public Health Service Act, as amended; Assistance for repatriated United States nationals under section 1113 of the Social Security Act, as amended; and Activities under the appropriation "Juvenile delinquency and youth offenses". (d) Such amounts as may be necessary for continuing projects or activities for which disbursements are made by the Secretary of the Senate, and the Senate items under the Architect of the Capitol, to the extent and in the manner which would be provided for in the budget estimates for the fiscal year 1965. SEC. 102. Appropriations and funds made available and authority granted pursuant to this joint resolution shall remain available until (a) enactment into law of an appropriation for any project or activity provided in this joint resolution, or (b) enactment of the applicable appropriation Act by both Houses without any provision for such project or activity, or (c) August 31, 1964, whichever first occurs. SEC. 103. Appropriations and funds made available or authority granted pursuant to this joint resolution may be used without regard to the time limitations set forth in subsection (d)(2) of section 3679 of the Revised Statutes, as amended, and expenditures therefrom shall be charged to the applicable appropriation, fund, or authorization whenever a bill in which such applicable appropriation, fund, or authorization is contained is enacted into law. SEC. 104. No appropriation or fund made available or authority granted pursuant to this joint resolution shall be used to initiate or resume any project or activity which was not being conducted during the fiscal year 1964. Appropriations made and authority granted pursuant to this joint resolution shall cover all obligations or expenditures incurred for any project or activity during the period for which funds or authority for such project or activity are available under this joint resolution. Approved June 29. 1964. Public Law 88-326

June 29, 196^ [H. R. 9720]

Dust control study. Port I s a b e l, Tex.

AN ACT Authorizing a study of dust control measures at Long Island, Port Isabel, Texas.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Chief of Engineers is hereby authorized to undertake a study of the adverse

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225

PUBLIC LAW 88-329-JUNE 29, 1964

effects of dust storms from Long Island, Port Isabel, Texas, at a cost not to exceed $50,000, with a view toward establishing such remedial and protective measures as in his judgment may be deemed necessary to prevent said adverse effects. Approved June 29, 1964. Public Law 88-327 AN ACT To provide, for the period ending June 30, 1965, a temporary increase in the public debt limit set forth in section 21 of the Second Liberty Bond Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, during the period beginning on the date of the enactment of this Act and ending on June 30, 1965, the public debt limit set forth in the first sentence of section 21 of the Second Liberty Bond Act, as amended (31 U.S.C. 757b), shall be temporarily increased to $324,000,000,000. Approved June 29, 1964.

June 29, 1964 [H. R. 11375]

P u b l i c debt limit. Temporary in-

77 Stat. 342.

Public Law 88-328 AN ACT To amend the joint resolution establishing the Battle of Lake Erie Sesquicentennial Celebration Commission so as to authorize an appropriation to carry out the provisions thereof.

June 29, 1964. [S. 1828]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 4 of ErTe^ sis °uic ^^"^ the joint resolution entitled "Joint Resolution to establish a Commis- tenniai ceiebrasion to develop and execute plans for the celebration of the one hun- "°" commission. dred and fiftieth anniversary of the Battle of Lake Erie, and for authoriTati^on?" other purposes", approved October 24, 1962 (Public Law 87-883; 76 Stat. 1245), is amended as follows: (1) I n subsection (a) strike out the colon and the words '"''Provided, however, That all expenditures of the Commission shall be made from donated funds only". (2) Add the following new subsection: "(e) There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this joint resolution, but in no event shall the sums hereby authorized to be appropriated exceed a total of $13,553.23." Approved June 29, 1964. Public Law 88-329 AN ACT To continue for a temporary period the existing suspension of duty on certain natural graphite. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) item 909.20 of title I of the Tariff Act of 1930 (Tariff Schedules of the United States; 28 F.E., part II, page 433, Au^. 17, 1963) is amended by striking out "On or before 6/30/64" and inserting in lieu thereof "On or before 6/30/66".

June 29, 1964 [H. R. 10537]

Graphite. Duty s u s p e n s i o n. 77A Stat. 433. 19 USC 1202.

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PUBLIC LAW 88-330-JUNE 29, 1964

[78 STAT.

(b) The amendment made by subsection (a) shall apply with respect to articles entered, or withdrawn from warehouse, for consumption, after June.^O. 1964. Approved June 29, 1964.

Public Law 88-330 June 29, 1964 [H. R. 9964]

Reconstruction Finance Corporation. 76 Stat. 805. 40 USC 523. 40 USC 524.

AN ACT

To extend for two years the period for which payments in lieu of taxes may be made with respect to certain real property transferred by the Reconstruction Finance Corporation and its subsidiaries to other Government departments. Be it enacted by the Semate and H<mse of Representatives of the United States of. America m Cmigress assembled, That (a) section 703 of the Federal Property and Administrative Services Act of 1949 (69 Stat. 722) is amended by striking out the figures "1965", and inserting in lieu thereof the figures "1967". (b) Section 704 of such Act (69 Stat. 723) is amended by striking out the figures "1964", and inserting in lieu thereof the figures "1966. Approved June 29, 1964. Public Law 88-331

June 30, 1964 [H. R. 2652]

Wool. F r e e entry. 77A Stat. 124. 19 USC 1202.

77A Stat. 122.

46 Stat. 734. 19 USC 1514.

AN ACT To amend the Tariff Act of 1930 to provide for the duty-free importation of certain wools for use in the manufacturing of polishing felts. Be It enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the article description for item 306.00 of title I of the Tariff Act of 1930 (Tariff Schedules of the United States: 28 F.R., part II, page 124, Aug. 17, 1963) is amended by adding at the end thereof "; and Karakul wools, and other wools of whatever blood or origin not finer than 40s, entered by a dealer, manuf^.cturer, or processor for use only in the manufacture of pressed felt for polishing plate and mirror glass". (b) Paragraph (a) of headnote 4 to subpart C of part 1 of schedule 3 of such title I (Tariff Schedules of the United States; 28 F.R., part II, page 122, Aug. 17, 1963) is amended to read as follows: " (a) a tolerance of not more than 10 percent of wools other than Karakul not finer than 44s may be allowed in each bale or package of wools imported as not finer than 40s, and a tolerance of not more than 10 percent of wools not finer than 48s may be allowed in each bale or package of wools imported as not finer than 46s;". (c) The amendments made by subsections (a) and (b) shall apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after the date of the enactment of this Act. Upon request therefor filed with the collector of customs concerned on or before the 120th day after the date of the enactment of this Act, entries and withdrawals of articles described in the amendment made by subsection (a) (as modified by the amendment made by subsection (b)) which were made on or after November 2, 1962, and before the date of the enactment of this Act (whether before, on, or after the effective date of the Tariff Schedules of the United States) shall, notwithstanding the provisions of section 514 of the Tariff Act of 1930 or any other provision of law, be liquidated or reliquidated as though such entries and withdrawals had been made on the date of the enactment of this Act. Approved June 30, 1964.

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PUBLIC LAW 88-332-JUNE 30, 1964

227

Public Law 88-332 AN ACT June 30, 1964 To authorize appropriations to the Atomic Energy Commission in accordance —L • R- 10945]— with section 261 of the Atomic Energy Act of 1954, as amended, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, c^mTssio".*"^^^ SEC. 101. There is hereby authorized to be appropriated to the Appropriation Atomic Energy Commission in accordance with the provisions of authorization. section 261 of the Atomic Energy Act of 1954, as amended, the sum ^^ f ^ - f ** ^ of $2,636,577,000 as follows: (a) For "Operating expenses," $2,298,467,000: Provided, That in „,°^r.^""^ ^'^ the total amount authorized by this subsection there is included the penses. amount of $1,000,000, which is m addition to the amount of $5,000,000 previously authorized in section 110 of Public Law 86-457 for use in 74 Stat. 123. a cooperative program of research and development with the Government of Canada: Provided further, That in the total amount authorized by this subsection there is included the amount of $3,000,000 which is in addition to the sum of $22,500,000 previously authorized for carrying out the purposes of section 3 of Public Law 85-846, ^j use 229^2*.' providing tor cooperation with the European Atomic Energy Community. (b) For "Plant and capital equipment," including construction, st^uct^on,Icqui^ acquisition, or modification of facilities, including land acquisition; sition, etc. construction planning and design; and acquisition and fabrication of capital equipment not related to construction, $338,110,000 as follows: (1) SPECIAL NUCLEAR MATERIALS.—

Project 65-1-a, radio-surgery facility, Richland, Washington, $250,000. Project 65-1-b, isotopes production plant, Richland, Washington, $9,000,000. (2) ATOMIC WEAPONS.—

Project 65-2-a, materials processing facilities. Mound Laboratory, Miamisburg, Ohio, $565,000. Project 65-2-b, analytical laboratory expansion. Rocky Flats, Colorado, $3,000,000. Project 65-2-c, weapons production, development and test installations, $10,000,000. Project 65-2-d, process facility addition. Savannah River, South Carolina, $3,700,000. Project 65-2-e, high velocity test facility, Sandia Base, New Mexico, $1,350,000. (3) ATOMIC WEAPONS.—

Project 65-3-a, environmental control facilities, Kansas City, Missouri, $1,000,000. Project 65-3-b, utility and supporting services additions, Rocky Flats, Colorado, $2,245,000. Project 65-3-c, supplemental water supply, Los Alamos Scientific Laboratory, New Mexico, $1,550,000. Project 65-3-d, experimental physics facilities additions, Lawrence Radiation Laboratory, Livermore, California, $4,090,000. Project 65-3-e, chemistry development facilities, Lawrence Radiation Laboratory, Livermore, California, $2,000,000. Project 65-3-f, base support facilities, Nevada Test Site, Nevada, $620,000.

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 especially in the clawlike development of the ninth or terminal segment of the swimming leg, and it is made the type of the subgenus Onychopterus. has a long carapace with eyes well forward, characters that are also present in the young of. , from the Guelph formation, also exhibits proof of aberrant development in the large median tubercles of the tergites. Group (c) shows distinct phylogerontic characters in the strong development of the spines, surface scales and other excrescences, as well as in the large epimeral pieces of the postabdominal segments, and these are comprised under the subgeneric term Anthraconectes.

The group Eurypterus sensu stricto, or as represented by division (a), embraces not only the relatively simplest expression of the genus around which the other forms quite naturally group themselves, but also the most vigorous and that which dominates the stage (Salina) where the genus clearly reaches its climacteric development. The Eurypteri of the Bertie waterlime, notably  and , are therefore properly considered as representing the typical expression of the genus.

The genus thus defined is characterized by an elongate, slender body, widest in the middle of the preabdomen and distinctly differentiated into preabdominal and postabdominal regions. The carapace is subquadrate to subrectangular in outline, with rounded anterior angles, relatively small, one fifth to one seventh the total length of the body. The compound eyes are reniform, without distinct facets; situated on the dorsal side of carapace. The ocelli are situated between the compound eyes. The chelicerae are small, not extended beyond the edge of the carapace. The endognathites increase in length from the first backward; the first three pairs relatively robust, short and spinous; the fourth pair slender and bearing only a terminal spine with two spines on the penultimate segment. The fifth pair is developed into swimming legs with bladelike and extended seventh and eighth segments. Its ninth segment is rudimentary. The ventral membrane of the cephalothorax is separated by a distinct suture


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PUBLIC LAW 88-332-JUNE 30, 1964

L78 STAT.

(4) EEACTOR DEVELOPMENT. —

Project 65-4—a, zero power plutonium reactor, National Reactor Testing Station, Idaho, $3,000,000. Project 65-4r-b, power burst facility, National Reactor Testing Station, Idaho, $8,100,000. Project 65-4-c, research and development test plants, Project Rover, Los Alamos, Scientific Laboratory, New Mexico and Nevada Test Site, Nevada, $3,000,000. Project 65-4-d, modifications to reactors, $3,000,000. (5)

PHYSICAL RESEARCH.—

Project 65-5-a, Argonne advanced research reactor, Argonne National Laboratory, Illinois, $25,000,000. Project 65-5-b, accelerator improvements, zero gradient synchrotron, Argonne National Laboratory, Illinois, $1,650,000. Project 65-5-c, electron linear accelerator, Argonne National Laboratory, Illinois, $875,000. Project 65-5-d, accelerator and reactor additions and modifications, Brookhaven National Laboratory, New York, $1,700,000. Project 65-5-e, accelerator improvements, Cambridge and Princeton accelerators, $1,350,000. Project 65-5-f, accelerator improvements, Lawrence Radiation Laboratory, Berkeley, California, $850,000. Project 65-5-g, transuranium research laboratory. Oak Ridge National Laboratory, Tennessee, $1,850,000. (6)

PHYSICAL RESEARCH.—

Project 65-6-a, lecture hall and cafeteria, Brookhaven National Laboratory, New York, $2,300,000. Project 65-6-b, site utilities, Brookhaven National Laboratory, New York, $675,000. Project 65-6-c, computer data processing building, Lawrence Radiation Laboratory, Berkeley, California, $2,400,000. Project 65-6-d, heavy ion linear accelerator additions, Lawrence Radiation Laboratory, Berkeley, California, $525,000. Project 65-6-e, high energy physics laboratory, California Institute of Technology, California, $2,000,000. (7)

BIOLOGY AND MEDICINE.—

Project 65-7-a, co-carcinogenesis research laboratory. Oak Ridge National Laboratory, Tennessee, $2,070,000. Project 65-7-b, atmospheric physics building, Richland, Washington, $373,000. Project 65-7-c, biomedical and animal laboratory, Lawrence Radiation Laboratory, Livermore, California, $3,500,000. (8)

COMMUNITY.—

Project 65-8-a, classroom addition, Cumbres Junior High School, Los Alamos, New Mexico, $340,000. Project 65-8-b, classroom addition, White Rock Elementary School, Los Alamos, New Mexico, $260,000. Project 65-8-c, water distribution system additions, phase III, White Rock, Los Alamos, New Mexico, $290,000. Project 65-8-d, sewage disposal plant. White Rock, Los Alamos, New Mexico, $610,000. (9) GENERAL P L A N T PROJECTS.—$43,250,000. (10) CONSTRUCTION PLANNING AND DESIGN.—$3,000,000. (11) CAPITAL EQUIPMENT.—Acquisition and fabrication of capital

equipment not related to construction, $186,772,000.

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102. PROJECT RESCISSIONS.—(a) Public J^aw 85-590, as amended, is further amended by rescinding therefrom authorization for projects, except for funds heretofore obligated, as follows: Project 59-e-3, two accelerators, beam analyzing system and magnet, Pennsylvania State University, Pennsylvania, $950,000. Project 59-e-12, research and engineering reactor, Argonne National Laboratory, design and engineering, $1,000,000. (b) Public Law 86-50, as amended, is further amended by rescinding therefrom authorization for a project, except for funds heretofore obligated, as follows: Project 60-e-7, nuclear test plant. Army Reactor Experimental Area ( A R E A), National Reactor Testing Station, Idaho, $5,000,000. (c) Public Law 86-457, as amended, is further amended by rescinding therefrom authorization for a project, except for funds heretofore obligated, as follows: Project 61-f-8, materials research laboratory. University of Illinois, $5,600,000. (d) Public Law 87-315, as amended, is further amended by rescinding therefrom the authorization for a project, except for funds heretofore obligated, as follows: Project 62-a-4, solvent purification installation. Savannah River, South Carolina, $500,000. (e) Public Law 87-701, as amended, is further amended by rescinding therefrom authorization for projects, except for funds heretofore obligated, as follows: Project 63-e-3, organic reactor project, $20,000,000. Project 63-J-3, two mobile irradiators, $700,000. (f) Public Law 88-72, as amended, is further amended by rescinding therefrom authorization for a project, except for funds heretofore obligated, as follows: Project 64—e-6, support facilities for advanced space power systems, National Reactor Testing Station, Idaho, $1,800,000. SEC. 103. LIMITATIONS.—(a) The Commission is authorized to start any project set forth in subsections 101(b)(1), (2), (4), and (5), only if the currently estimated cost of that project does not exceed by more than 25 per centum the estimated cost set forth for that project. (b) The Commission is authorized to start any project set forth in subsections 101(b)(3), (6), (7), and (8), only if the currently estimated cost of that project does not exceed by more than 10 per centum the estimated cost set forth for that project. (c) The Commission is authorized to start a project under subsection 101(b)(9) only if it is in accordance with the following: (1) For community operations, the maximum currently estimated cost of any project shall be $100,000 and the maximum currently estimated cost of any building included in such project shall be $10,000. (2) For all other programs, the maximum currently estimated cost of any project shall be $500,000 and the maximum currently estimated cost of any building included in such project shall be $100,000. (3) The total cost of all projects undertaken under subsection 101(b)(9) shall not exceed the estimated cost set forth in that subsection by more than 10 per centum. SEC. 104. The Commission is authorized to use funds appropriated pursuant to this authorization, and other funds currently available to the Commission, for the purpose of performing construction design services for any Commission construction project whenever (1) such construction project has been included in a proposed authorization bill SEC.

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Project r e s c i s sions. 7 2 Stat. 491, 492.

73 Stat. 82.

74 Stat. 121.

7 5 Stat. 676.

76 Stat. 600.

77 Stat. 85.

Cost limitations.

Community operations.

General plant projects.

Engineering design.

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Transfers of amounts.

71 Stat. 409; 77 Stat. 86. Fission product contracts, authority. 31 USC 665.

Contract termination.

PUBLIC LAW 88-333-JUNE 30, 1964

[78 STAT.

transmitted to the Congress by the Commission and (2) the Commission determines that the project is of such urgency that construction of the project should be initiated promptly upon enactment of legislation appropriating funds for its construction. SEC. 105. When so specified in an appropriation Act, transfers of amounts between "Operating expenses" and "Plant and capital equipment" may be made as provided in such appropriation Act. SEC. 106.

COOPERATIVE POWER REACTOR DEMONSTRATION PROGRAM.—

Section 111 of Public Law 85-162, as amended, is further amended by striking out the date "June 30, 1964" in clause (3) of subsection (a) and inserting in lieu thereof the date "June 30, 1965". SEC. 107. FISSION PRODUCT CONTRACTS.—(a) Without regard to section 3679 of the Revised Statutes, as amended, the Commission is authorized to enter into contracts for such periods of time as the Commission may deem necessary or desirable, for the purpose of making available fission products from Commission reactors, with or without charge for commercial application. (b) Any contract entered into by the Commission pursuant to this section shall be subject to termination by the Commission upon payment of cancellation costs as provided in such contract, and any appropriation presently or hereafter made available to the Commission shall e available for payment of such costs which may arise from termination as the contract may provide. (c) Before the Commission enters into any arrangement or amendment thereto under the authority of this section, the basis for the proposed arrangement or amendment thereto which the Commission proposes to execute (with necessary background and explanatory data) shall be submitted to the Joint Committee, and a period of forty-five days shall elapse while Congress is in session in c6mputing such forty-five days, there shall be excluded the days on which either House is not in session because of adjournment of more than three days: Provided, however, That the Joint Committee, after having received the basis for the proposed arrangement or amendment thereto, may by resolution in writing waive the conditions of, or all or any portion of, such forty-five-day period. Approved June 30, 1964.

E Report to Joint Committee.

Time waiver.

Public Law 88-333 June 30, 1964 [H. R. 8975]

Particleboard. Tariff classification.

46 Stat. 653.

46 Stat. 734. 19 USC 1514.

AN ACT To provide for the tariff classitication of certain particleboard.

Be it enacted by the /Senate and House of Representatives of the United States of America in Congress assembled, That wood particleboard which was entered, or withdrawn from warehouse, for consumption after July 11, 1957, and before August 31, 1963, shall be classified for duty purposes as wallboard under paragraph 1402 of the Tariff Act of 1930, if not excluded from classification under such paragraph by reason of any processing specified therein. The entries mvolved shall, notwithstanding the provisions of section 514 of the Tariff Act of 1930 or any other provision of law, be liquidated or reliquidated in accordance with the preceding sentence, except that no refunds shall be allowed thereby unless claim therefor is filed with the collector of customs concerned within one hundred and twenty days after date of enactment of this Act. Approved June 30, 1964.

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PUBLIC LAW 88-336-JUNE 30, 1964

231

Public Law 88-334 AN ACT To amend the Tariff Act of 1930 to provide that certain aircraft engines and propellers may be exported as working parts of aircraft, and for other purposes. Be it enacted by the Senate and House of Representatives of the Vnited States of America in Congress assembled, That headnote 1 for subpart C of part 5 of schedule 8 of title I of the Tariff Act of 1930 (Tariff Schedules of the United States; 28 F.R., part II, page 422, Aug. 17, 1963) is amended by adding at the end thereof the following: "For purposes of this headnote, an aircraft engine or propeller, or any part or accessory of either, imported under item 864.05, which is removed physically from the United States as part of an aircraft departing from the Ignited States in international traffic shall be treated as exported." SEC. 2. The amendment made by the first section shall be effective with, respect to articles physically removed from the United States on or after the date of enactment of this Act, without regard to when such articles were admitted into the United States. For the purposes of the amendment made by the first section of this Act, articles imported before August 31, 1963, under section 308(1) of the Tariff Act of 1930 shall be treated as imported under item 864.05 of the Tariff Schedules of the United States. Approved June 30, 1964.

June 30, 1964 [H. R. 1608]

Aircraft engines. Exportation. 77A Stat. 422. 19 USC 1202.

72 Stat. 118. 19 USC 13««.

Public Law 88-335 AN ACT To further amend the Federal Civil Defense Act of 1950, as amended, to extend the expiration date of certain authorities, thereunder, and for other purposes.

June 30, 1964 [H. R. 10314]

Be it enacted by the Senate and House of Representatives of the Civil DefenseVnited States of America in Congress assembled, That the Federal authorities. Civil Defense Act of 1950, as amended (50 U.S.C. App. 2251 et seq.), 64 Stat. 1246, is further amended by striking the date June 30, 1964, where such appears in the second proviso of subsection 201(e), the fourth proviso of subsection 201(h), and subsection 205(h), and substituting in lieu 72 Stat. 5 33. thereof the date June 30, 1968. Approved June 30, 1964. Public Law 88-336 AN ACT

To continue until the close of June 30, 1966, the existing suspension of duty on certain copying shoe lathes.

June 30, 1964 [H. R. 10468]

Be it enacted by the Senate and House of Representatives of the Copying shoe United States of America in Congress assembled, That (a) item 911.70 lathes. of title I of the Tariff Act of 1930 (Tariff Schedules of the United Duty suspenStates; 28 F. R, part II, page 434, Aug. 17, 1963) is amended by sion. Stat. 434. 77A striking out "On or before 8/7/64" and inserting in lieu thereof "On 19 USC 1202. or before 6/30/66". (b) The amendment made by subsection (a) shall apply with respect to articles entered, or withdrawn from warehouse, for consumption, after August 7, 1964. Approved June 30, 1964. 31-667 0-65—18

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PUBLIC LAW 88-337-JUNE 30, 1964

[78 STAT.

Public Law 88-337 June 30, 1964 [H. R. 4198]

Coffee, instant. Free entry. 77A Stat. 59. 19 USC 1202.

AN ACT To auieiul the Tariff Act of 1930 to provide for the free importation of soluble and instant coffee.

Be it enacted by the Senate and House of ReprenentailveH of the United States of America in Congress assembled. That (a) title I of the Tariff Act of 1930 (Tariff Schedules of the United States; 28 F.R., part II, page 59, Aug. 17, 1963) is amended by striking out items 160.20 and 160.21 and inserting in lieu thereof the following: Coffee extracts, essences, and concentrates (including soluble or Instant coffee): Soluble or instant coffee (con taining no admixture 160.20 of sugar, cereal, or other additive) 160. 21 Other 160.22 If products of Cuba

Effective date.

Free 3f5 per lb. 2.4^ per lb. (s)

Free 3^ per lb.

(b) Headnote 1 for subpart A of part 11 of schedule 1 of such title is amended by striking out "and 160.21," and inserting in lieu thereof "160.21, and 160.22,". SEC. 2. The amendments made by the first section of this Act shall apply to articles entered, or withdrawn from warehouse, for consumption on or after the date of the enactment of this Act. Upon request therefor filed with the collector of customs concerned on or before the 120th day after the date of the enactment of this Act, entries and withdrawals of soluble or instant coffee (containing no admixture of sugar, cereal, or other additive) made before the date of the enactment of this Act (whether before, on, or after the effective date of the Tariff Schedules of the United States) which have not been liquidated or the liquidation of which has not become final on such date of enactment shall be liquidated or reliquidated as though such entries and withdrawals had been made on the date of the enactment of this Act. Approved June 30, 1964.

Public Law 88-338 June 30, 1964 [H. R. 7480]

Manganese ore. Duty s u s p e n s i o n. 77A Stat. 4 3 1. 19 USC 1202.

AN ACT To siispend for a ten»pomry period the import duty on manganese ore (including ferruginous ore) and related products.

Be it efiacfed by the Senate and House of Representatives of the United States of Atnetica in Congress assembled, That (a) subpart B of part 1 of the appendix to title I of the Tariff Act of 1930 (Tariff Schedules of the United States; 28 F.R., part II, Aug. 17, 1963) is amended by inserting immediately below item 911.05 the following new item: Manganese ore, including ferruginous manganese ore, and manganiferous iron ore, all the foregoing containing over 10 p»ercent by weight of manganese (provided for in item 601.27, part 1, schedule 6)

On or before 6/30/67 Free

H per lb.on manganese contert

(b) The amendment made by subsection (a) shall apply with respect to articles entered, or withdrawn from warehouse, for consumption after the date of the enactment of this Act. Approved June 30, 1964.

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PUBLIC LAW 88-341-JUNE 30, 1964

233

Public Law 88-339 AN ACT To extend the Renegotiation Act of 1951, and for other purposes. Be it eridcted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 102(c) (1) of the Renegotiation Act of 1951, as amended (50 U.S.C. App., sec. 1212(c)(1)), is amended by striking out "June 30, 1964" and inserting in lieu thereof "June 30, 1966". § 2. Application to Federal Aviation Agency (a) I N GENEBAL.—Section 103 of the Renegotiation Act of 1951, as amended (50 U.S.C. App., sec. 1213), is amended— (1) by inserting "the Federal Aviation Agency," after "the National Aeronautics and Space Administration," in subsection (a) thereof; and (2) by inserting "the Administrator of the Federal Aviation Agency," after "the Administrator of the National Aeronautics and Space Administration," in subsection (b) thereof. (b) EFFECTIA^E DATE.—The amendments made by subsection (a) shall apply to contracts with the Federal Aviation Agency, and related subcontracts, only to the extent of the amounts received or accrued by a contractor or subcontractor after June 30, 1964. Approved June 30, 1964.

June 30, 1964 [H. R. 10669J

Renegotiation Act of 1951. Extension., 70 Stat. 786; 76 Stat. 134.

Public Law 88-340 JOINT RESOLUTION June 30, 1964 Temporarily extending the program of insured rental housing loans for the [H.J, Res. 1041] elderly in rural areas under title V of the Housing Act of 1949.

Resolved by the Senate and House of Represe7itatives of the United States of America in Congress assembled, That section 515(b)(5) of the Housing Act of 1949 is amended by striking out "June 30, 1964" and inserting in lieu thereof "September 30, 1964". Approved June 30, 1964.

Housing for the elderly. 76 Stat. 671. 42 USC 1485.

Public Law 88-341 AN ACT To amend se<tion 24 of the Federal Reserve Act (12 U.S.C. 371) to liberalize the conditions of loans by national banks on forest tracts.

Be it.enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the second paragraph of section 24 of the Federal Reserve Act (12 U.S.C. 371) is amended to read: "Any national banking association may make real estate loans secured by first liens upon forest tracts which are properly managed in all respects. Such loans shall be in the form of an obligation or obligations secured by mortgage, trust deed, or other such instrument; and any national banking association may purchase any obligation so secured when the entire amount of such obligation is sold to the association. The amount of any such loan shall not exceed 60 per centum of the appraised fair market value of the growing timber, lands, and

June 30, 1964 [H. R. 8230]

Federal Reserve Act, amendment. Forest tracts loans. 67 Stat. 614.

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PUBLIC LAW 88-342-JUNE 30, 1964

[78 STAT.

improvements thereon offered as security and the loan shall be made upon such terms and conditions as to assure that at no time shall the loan balance exceed 60 per centum of the original appraised total value of the property then remaining. No such loan shall be made for a longer term than three years; except that any such loan may be made for a term not longer than fifteen years if the loan is secured by an amortized mortgage, deed of trust, or other such instrument under the terms of which the installment payments are sufficient to amortize the [principal of the loan within a period of not more than fifteen years and at a rate of at least 6% per centum per annum. All such loans secured by first liens upon forest tracts shall be included in the permissible aggregate of all real estate loans prescribed in the preceding paragraph, but no national banking association shall make foresttract loans in an aggregate sum in excess of 50 per centum of its capital stock paid in and unimpaired plus 50 per centum of its unimpaired surplus fund." Approved June 30, 1964. Public Law 88-342 June 30, 1964 [H. R. 8268]

Tobacco products exported and returned. Double taxation, prevention. 77A Stat. 405, 406. 19 USC 1202.

Internal revenue tax, exemption. 68A Stat. 708. 26 USC 5704.

AN ACT To prevent dovible taxation in the case of certain tobacco products exported and returned unchanged to the United States for delivery to a manufacturer's bonded factory.

Be it enacted by the Senate amd House of Representatives of the Vnlted States of America In Congress assembled, That (a) headnote 2 to subpart A of part 1 of schedule 8 of title I of the Tariff Act of 1930 (Tariff Schedules of the United States; 28 F.R., part II, Aug. 17, 1963) is amended by striking out "and" at the end of paragraph (a), by relettering paragraph (b) as paragraph (c), and by inserting after paragraph (a) the following new paragraph: " (b) tobacco products and cigarette papers and tubes classifiable under such item may be released from customs custody, without payment of that part of the duty attributable to the internal-revenue tax, for return to internal-revenue bond as provided by section 5704(e) of the Internal Revenue Code of 1954; and". (b) Section 5704 of the Internal Revenue Code of 1954 (relating to exemption from tobacco tax) is amended by adding at the end thereof the following new subsection: "(e)

77A Stat. 406. 19 USC 1202.

Effective date.

TOBACCO PRODUCTS AND CIGARETTE PAPERS AND TUBES EXPORTED

AND RETURNED.—Tobacco products and cigarette papers and tubes classifiable under item 804.00 of title I of the Tariff Act of 1930 (relating to duty on certain articles previously exported and returned) may be released from customs custody, without payment of that part of the duty attributable to the internal revenue tax for delivery to a manufacturer of tobacco products or cigarette papers and tubes, in accordance with such regulations and mider such bond as the Secretary or his delegate shall prescribe. Upon such release such products, papers, and tubes shall be subject to this chapter as if they had not been exported or otherwise removed from internal-revenue bond." SEC. 2. The amendments made by the first section of this Act shall apply with respect to articles entered, or withdrawn from warehouse, for consumption after the date of the enactment of this Act. Approved June 30, 1964.

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PUBLIC LAW 88-345-JUNE 30, 1964

235

Public Law 88-343 AN ACT To extend the Defense Production Act of 1950, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 717(a) of the Defense Production Act of 1950 is amended by striking out "June 30, 1964" in the first sentence and inserting in lieu thereof 'vTune 30, 1966". SEC. 2. Section 303(b) of the Defense Production Act of 1950 is amended by striking out "June 30, 1965" and inserting in lieu thereof "June 30, 1975". SEC. 3. Section 304(b) of the Defense Production Act of 1950 is amended by striking out the period at the end of the next to last sentence and inserting in lieu thereof a colon and the following: '•''Provided, That no new purchases or commitments to purchase under sec^ tion 303 shall be made or entered into after June 30, 1964 (except purchases made pursuant to commitments entered into on or before such date), unless the President makes a finding that such new purchases or commitments are essential to the national security: Provided further, That the total of such new purchases and commitments, including contingent liabilities, made or incurred under section 303 after June 30, 1964, shall not exceed $100,000,000." Approved June 30, 1964.

June 30, 1964 [H. R. 10000]

Defense Production Act of 1950. Extension. 67 Stat. 131; 76 Stat. 112. 50 USC app. 2166. 70 Stat. 408. 50 USC app. 2093. New purchase s, restriction. 50 USC app. 2094. 65 Stat. J3<3.

contingent liabili t i e s, limitation.

Public Law 88-344 AN ACT To amend section 14(b) of the Federal Reserve Act, as amended, to extend for two years the authority of Federal Reserve banljs to purchase United States obligations directly from the Treasury. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 14(b) of the Federal Reserve Act, as amended (12 U.S.C. 355), is amended by striking out "July 1, 1964" and inserting in lieu thereof "July 1, 1966" and by striking out "June 30, 1964" and inserting in lieu thereof "June 30, 1966". Approved June 30, 1964.

June 30, 1964 [H. R, 11499]

Federal Reserve Act, amendment. 61 Stat. 56; 76 Stat. 112.

Public Law 88-345 AN ACT To extend the period during which responsibility for the placement and foster care of dependent children, under the program of aid to families with dependent children under title IV of the Social Security Act, may be exercised by a public agency other than the agency administering such aid under the State plan. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 155(b) of the Public Welfare Amendments of 1962 is amended by striking out "June 30, 1964" and inserting in lieu thereof "June 30, 1967". Approved June 30, 1964.

June 30, 1964 [H. R. 9688]

76 Stat. 207. 42 USC 608 note.

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236

[78 STAT.

Public Law 88-346 June 30, 1964 [H. R. 8673]

Aircraft and related equipment. Recordation requirements. Validity of instruments. 72 Stat. 771; 73 Stat. 180.

AN ACT To amend title V of the Federal Aviation Act of 1958 to provide that the validity of an instrument the recording of which is provided for by such Act shall be governed by the laws of the place in which such instrument is delivered, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) title V of the Federal Aviation Act of 1958 (49 U.S.C. 1401-1405) is amended by adding at the end thereof the following new section: " L A W GOVERNING VALIDITY OF CERTAIN

INSTRUMENTS

"SEC. 506. The validity of any instrument the recording of which is provided for by section 503 of this Act shall be governed by the laws of the State, District of Columbia, or territory or possession of the United States in which such instrument is delivered, irrespective of the location or the place of delivery of the property which is the subject of such instrument. Where the place of intended delivery of such instrument is specified therein, it shall constitute presumptive evidence that such instrument was delivered at the place so specified." (b) The table of contents of the Federal Aviation Act of 1958 is amended by inserting after "Sec, 50.5. Dealers' aircraft registration certificates."

the following: "Sec. 506. Law governing validity of certain instruments." Convention on the International Recognition of Rights in Aircraft.

Form of conveya n c e s, etc.; exceptions.

(c) The amendments made by this section shall not take precedence over the Convention on the International Recognition of Rights in Aircraft (4 U.S.T. 1830). (d) The amendments made by this section shall not be applicable with respect to any instrument delivered before the date of enactment of this Act. SEC. 2. Section 503(e) of the Federal Aviation Act of 1958 is amended to read as follows: "(e) Except as the Administrator may by regulation prescribe, no conveyance or other instrument shall be recorded unless it shall have been acknowledged before a notary public or other officer authorized by the law of the United States, or of a State, territory, or possession thereof, or the District of Columbia, to take acknowledgment of deeds." Approved June 30, 1964. Public Law 88-347

June 30, 1964 [H. R. 10466]

75 Stat. 142; 76 Stat. 196. 42 USC 1313.

AN ACT To amend title XI of the Social Security Act to extend the period during which temporary assistaiu-e may he provided for United States (ritizens returned from foreign countries. Be It enacted by the Semite and Hou>^e of Representatives of the United States of America in Congress assembled, That section 1113(d) of the Social S e c u r i t y Act is amended by striking out " June 30, 1964" and inserting in lien thereof " June 30, 1967". Approved June 30, 1964.

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PUBLIC LAW 88-348-JUNE 30, 1964

237

Public Law 68-348 AN ACT

To provide a one-year extension of certain excise-tax rates, and for other purposes.

June 30, 1964

——1—'.

.—

Be it enacted by the Senate and House of Representatives of the Excise-Tax United States of America In Congress assembled, That this Act may be Extension Act Rate of cited as the "Excise-Tax Rate Extension Act of 1964". 7964. SEC. 2. ONE-YEAR EXTENSION OF CERTAIN EXCISETAX RATES. (a) EXTENSION OF RATES.—The following provisions of the Internal Revenue Code of 1954 are amended by striking out "July 1, 68A u Stat. 1. 26 s e 1 et 1964"' each place it appears and inserting in lieu thereof "July 1, seq 1965' — 77 Stat. 72. (1) section 4061 (relating to motor vehicles); (2) section 4251(b)(2) (relating to termination of tax on general telephone service); (3) section 4261 (relating to transportation of persons by a i r); (4) section 5001(a)(1) (relating to distilled spirits); (5) section 5001(a)(3) (relating to imported perfumes containing distilled spirits); (6) section 5022 (relating to cordials and liqueurs containing wine); (7) section 5041(b) (relating to wines); (8) section 5051(a) (relating to beer); and (9) section 5701(c)(1) (relating to cigarettes). (b)

TECHNICAL AMENDMENTS.—

(1) The following provisions of the Internal Revenue Code of 1954 are amended as follows: (A) Subsections (a) and (b) of section 5063 (relating to floor stocks refunds on distilled spirits, wines, cordials, and beer) are amended by striking out "July 1, 1964" each place it appears and inserting in lieu thereof "July 1, 1965", and by striking out "October 1, 1964" and inserting in lieu thereof "October 1, 1965". (B) Subsections (a) and (b) of section 5707 (relating to floor stocks refunds on cigarettes) are amended by striking out "July 1, 1964" each place it appears and inserting in lieu thereof "July 1, 1965", and by striking out "October 1, 1964" and inserting in lieu thereof "October 1, 1965". (C) Section 6412(a)(1) (relating to floor stocks refunds on automobiles) is amended by striking out "July 1, 1964" each place it appears and inserting in lieu thereof "July 1, 1965", by striking out "October 1, 1964" and inserting in lieu thereof "October 1, 1965", and by striking out "November 10, 1964" each place it appears and inserting in lieu thereof "November 10, 1965". (2) Section 497 of the Revenue Act of 1951 (relating to refunds on articles from foreign trade zones), as amended, is amended by striking out "July 1, 1964" each place it appears and inserting in lieu thereof "July 1, 1965". (3) Section 5(e) of the Tax Rate Extension Act of 1962 (relating to special credit or refund of transportation tax) is amended by striking out "July 1, 1964" each place it appears and inserting in lieu thereof "July 1, 1965". SEC. 3. LOSSES ARISING FROM CONFISCATION OF PROPERTY BY THE GOVERNMENT OF CUBA. (a) TREATMENT OF LOSSES.—Section 165(i) of the Internal Revenue Code of 1954 (relating to certain property confiscated by Cuba) is amended to read as follows:

Distiiied ^^*" ^' ^*'^*

cigarettes.

Automobiles.

J^^l'^"" ^'^'^^ ^""e use 5701 "°teTransportation ^26 USC 4261 "°*e'

co^fs'Iation^b ^' cuba. '^''^ '°" ^ Ante. p. 128.

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238

[78 STAT.

" (i) CERTAIN PROPERTY CONFISCATED BY THE GOVERNMENT OF CUBA.— "(1) TREATMENT AS SUBSECTION (C)(3) LOSS.—For purposes of

this chapter, in the case of an individual who was a citizen of the United States, or a resident alien, on December 31, 1958, any loss of property which— " (A) was sustained by reason of the expropriation, intervention, seizure, or similar taking of the property, before January 1, 1964, by the government of Cuba, any political subdivision thereof, or any agency or instrumentality of the foregoing, and " (B) was not a loss described in paragraph (1) or (2) of subsection (c), shall be treated as a loss to which paragraph (3) of subsection (c) applies. I n the case of tangible property, the preceding sentence shall not apply unless the property was held by the taxpayer, and was located in Cuba, on December 31, 1958. "(2)

68A Stat. 63. 26 USC 172. Ante, p. 48. 68A Stat. 817. 26 USC 6601.

Effective date.

S P E C I A L RULES.—

" (A) For purposes of subsection (a), any loss described in paragraph (1) shall be treated as having been sustained on October 14, 1960, unless it is established that the loss was sustained on some other day. " (B) For purposes of subsection (a), the fair market value of property held by the taxpayer on December 31, 1958, to which paragraph (1) applies, on the day on which the loss of such property was sustained, shall be its fair market value on December 31, 1958. " (C) For purposes of section 172, a loss described in paragraph (1) shall not be treated as an expropriation loss within the meaning of section 172(k). " (D) For purposes of section 6601, the amount of any tax imposed by this title shall not be reduced by virtue of this subsection for any period prior to February 26, 1964. " (3) REFUNDS OR CREDITS.—Notwithstanding a n j law or rule of law, refund or credit of any overpayment attributable to the application of paragraph (1) may be made or allowed if claim therefor is filed before January 1, 1965. No interest shall be allowed with respect to any such refund or credit for any period prior to February 26, 1964." (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply in respect of losses sustained in taxable years ending after December 31, 1958. Approved June 30, 1964, 7:55 p.m. Public Law 88-349

July 2. 1964 [H. R. 6041]

Federal construction contract laborers. Fringe benefits. 49 Stat. 1011.

AN ACT To amend the prevailing wage section of the Davis-Bacon Act, as amended; and related sections of the Federal Airport Act, as amended; and the National Housing Act, as amended.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1 of the Act of March 3, 1931, as amended (46 Stat. 1494, as amended; 40 U.S.C. 276a), is hereby amended by designating the language of the present section as subsection (a) and by adding at the end thereof the following new subsection (b):

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PUBLIC LAW 88-349-JULY 2, 1964

239

" (b) As used in this Act the term 'wages', 'scale of wages', 'wage rates', 'minimum wages', and 'prevailing wages' shall include— " (1) the basic hourly rate of pay; and " (2) the amount of— " (A) the rate of contribution irrevocably made by a con- buT/"n**^ contritractor or subcontractor to a trustee or to a third person pursuant to a fund, plan, or program; and " (B) the rate of costs to the contractor or subcontractor benefit costs. which may be reasonably anticipated in providing benefits to laborers and mechanics pursuant to an enforcible commitment to carry out a financially responsible plan or program which was communicated in writing to the laborers and mechanics affected, for medical or hospital care, pensions on retirement or death, compensation for injuries or illness resulting from occupational activity, or insurance to provide any of the foregoing, for unemployment benefits, life insurance, disability and sickness insurance, or accident insurance, for vacation and holiday pay, for defraying costs of apprenticeship or other similar programs, or for other bona fide fringe benefits, but only where the contractor or subcontractor is not required by other Federal, State, or local law to provide any of such benefits: Provided, That the obligation of a contractor or subcontractor to ti<^srmethod^of make payment in accordance with the prevailing wage determinations payment. of the Secretary of Labor, insofar as this Act and other Acts incorporating this Act by reference are concerned may be discharged by the making of payments in cash, by the making of contributions of a type referred to in paragraph (2)(A), or by the assumption of an enforcible commitment to bear the costs of a plan or program of a type referred to in paragraph (2)(B), or any combination thereof, where the aggregate of any such payments, contributions, and costs is not less than the rate of pay described in paragraph (1) plus the amount referred to in paragraph (2). " I n determining the overtime pay to which the laborer or mechanic ^oZ^^^ion^l. is entitled under any Federal law, his regular or basic hourly rate of ciusion^of beneTit pay (or other alternative rate upon which premium rate of overtime c°sts. compensation is computed) shall be deemed to be the rate computed under paragraph (1), except that where the amount of payments, contributions, or costs incurred with respect to him exceeds the prevailing wage applicable to him under this Act, such regular or basic hourly rate of pay (or such other alternative rate) shall be arrived at by deducting from the amount of payments, contributions, or costs actually incurred with respect to him, the amount of contributions or costs of the types described in paragraph (2) actually incurred with respect to him, or the amount determined under paragraph (2) but not actually paid, whichever amount is the greater." SEC. 2. Section 15(b) of the Federal Airport Act, as amended (60 ^"P"""* p'-^i^'^ts. Stat. 178, as amended; 49 U.S.C. 1114(b)), is hereby amended by ^3 Stat. 481. inserting the words "in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a—276a-5)" after the words "Secretary of 49 Stat. ion. Labor,". SEC. 3. Section 212(a) of the National Housing Act, as amended Housing projects. (53 Stat. 208, as amended; 12 U.S.C. 1715(c)), is hereby amended by ^g^^taJ^'eey"^' inserting the words "in accordance with the Davis-Bacon Act, as 12 USC \n\%c amended (40 U.S.C. 276a—276a-5)," after the words "Secretary of Labor,".

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 240 Effective date.

PUBLIC LAW 88-350-JULY 2, 1964

r78 STAT.

SEC. 4. The amendments made by this Act shall take effect on-the ninetieth day after the date of enactment of this Act, but shall not affect any contract in existence on such effective date or made thereafter pursuant to invitations for bids outstanding on such effective date and the rate of payments specified by section 1(b)(2) of the Act of March 3, 1931, as amended by this Act, shall, during a period of two hundred and seventy days after such effective date, become effective only in those cases and reasonable classes of cases as the Secretary of Labor, acting as rapidly as practicable to make such rates of payments fully effective, shall by rule or regulation provide. Approved July 2, 1964. Public Law 88-350

July 2, 1964 [H. R. 3348]

Social securi ty 74 Stat. 935. 42 USC 418 note. 70 Stat. 826. 42 USC 418.

AN ACT To amend section 316 of the Social Security Amendments of 1958 to extend the time within which teachers and other employees covered by the same retirement system in the State of Maine may be treated as being covered by separate retirement systems for purposes of the old-age, survivors, and disability insurance program.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 316 of the Social Security Amendments of 1958 is amended by striking out "July 1, 1961" and inserting in lieu thereof "July 1, 1965". SEC. 2. Section 218(p) of the Social Security Act is amended by inserting "Texas," after "Tennessee,". Approved July 2, 1964. Public Law 88-351

July 2, 1964 [H. R.3496]

Reorganization Act of 1949. Extension.

Creation of executive department, restriction.

AN ACT To further amend the Reorganization Act of 1949, as amended, so that such Act will apply to reorganization plans transmitted to the Congress at any time before.Tune 1, 1965.

Be it enacted by the Semite and House of Representatives of the rnited States of America in Congress assembled., That subsection (b) of section 5 of the Reorganization Act of 1949 (63 Stat. 205; 5 U.S.C. 133Z-3), as last amended by the Act of April 7, 1961 (75 Stat. 41), is hereby further amended by striking out "June 1, 1963" and inserting in 1 ieu thereof "June 1, 1965". SEC. 2. Paragraph (1) of subsection (a) of section 5 of the Reorganization Act of 1949 (63 Stat. 205; 5 U.S.C. 133z-3) is amended to read as follows: "(1) creating any new executive department, or abolishing or transferring an executive department or all the functions thereof, or consolidating any two or more executive departments or all the functions thereof; or". Approved July 2, 1964.

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PUBLIC LAW 88-352-JULY 2, 1964

241

Public Law 88-352 AN ACT To enforce the constitutional right to vote, to confer jurisdiction upon the district courts of the United States to provide injunctive relief against discrimination in public accommodations, to authorize the Attorney General to institute suits to protect constitutional rights in public facilities and public education, to extend the Commission on Civil Rights, to prevent discrimination in federally assisted programs, to establish a Commission on Equal Employment Opportunity, and for other purposes.

Be it enacted by the Senate and House of Representatives of the Vnited States of America in Congress assembledy That this Act may be cited as the "Civil Eights Act of 1964".

July 2, 1964 [H. R. 7152]

Civil Rights Act of 1964.

TITLE I—VOTING R I G H T S SEC. 101. Section 2004 of the Revised Statutes (42 U.S.C. 1971), as amended by section 131 of the Civil Rights Act of 1957 (71 Stat. 637), and as further amended by section 601 of the Civil Rights Act of 1960 (74 Stat. 90), is further amended as follows: (a) Insert " 1 " after " (a) " in subsection (a) and add at the end of subsection (a) the following new paragraphs: " (2) No person acting under color of law shall— " (A) in determining whether any individual is qualified under State law or laws to vote in any Federal election, apply any standard, practice, or procedure different from the standards, practices, or procedures applied under such law or laws to other individuals within the same county, parish, or similar political subdivision who have been found by State officials to be qualified to vote; " (B) deny the right of any individual to vote in any Federal election because of an error or omission on any record or paper relating to any application, registration, or other act requisite to voting, if such error or omission is not material in determining whether such individual is qualified under State law to vote in such election; or " (C) employ any literacy test as a qualification for voting in any Federal election unless (i) such test is administered to each individual and is conducted wholly in writing, and (ii) a certified copy of the test and of the answers given by the individual is furnished to him within twenty-five days of the submission of his request made within the period of time during which records and papers are required to be retained and preserved pursuant to title III of the Civil-Rights Act of 1960 (42 U.S.C. 197474e; 74 Stat. 88): Provided, however, That the Attorney General may enter into agreements with appropriate State or local authorities that preparation, conduct, and maintenance of such tests in accordance with the provisions of applicable State or local law, including such special provisions as are necessary in the preparation, conduct, and maintenance of such tests for persons who are blind or otherwise physically handicapped, meet the purposes of this subparagraph and constitute compliance therewith. " (3) For purposes of this subsection— " (A) the term 'vote' shall have the same meaning as in subsection (e) of this section; " (B) the phrase 'literacy test' includes any test of the ability to read, write, understand, or interpret any matter." (b) Insert immediately following the period at the end of the first sentence of subsection (c) the following new sentence: "If in any such proceeding literacy is a relevant fact there shall be a rebuttable

Operation and enforcement.

Voting qualifications.

Registration, etc.

Literacy t e s t s. Records.

Attorney General. Agreements with State and local authorities.

"Vote." "Literacy test."

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 242

"Federal election."

Suits by Attorney General-

Appeals.

Designation of judges.

PUBLIC LAW 88-352-JULY 2, 1964

[78 STAT.

presumption that any person who has not been adjudged an incompetent and who has completed the sixth grade in a public school in, or a private school accredited by, any State or territory, the District of Columbia, or the Commonwealth of Puerto Rico where instruction is carried on predominantly in the English language, possesses sufficient literacy, comprehension, and intelligence to vote in any Federal election." (c) Add the following subsection " (f) " and designate the present subsection " (f) " as subsection " (g) ": " (f) When used in subsection (a) or (c) of this section, the words 'Federal election' shall mean any general, speqial, or primary election held solely or in part for the purpose of electing or selecting any candidate for the office of President, Vice President, presidential elector. Member of the Senate, or Member of the House of Representatives." (d) Add the following subsection " (h) ": " (h) I n any proceeding instituted by the United States in any district court of the United States under this section in which the Attorney General requests a finding of a pattern or practice of discrimination pursuant to subsection (e) of this section the Attorney General, at the time he files the complaint, or any defendant in the proceeding, within twenty days after service upon him of the complaint, may file with the clerk of such court a request that a court of three judges be convened to hear and determine the entire case. A copy of the request for a three-judge court shall be immediately furnished by such clerk to the chief judge of the circuit (or in his absence, the presiding circuit judge of the circuit) in which the case is pending. Upon receipt of the copy of such request it shall be the duty of the chief judge of the circuit or the presiding circuit judge, as the case may be, to designate immediately three judges in such circuit, of whora at least one shall be a circuit judge and another of whom shall be a district judge of the court in which the proceeding was instituted, to hear and determine such case, and it shall be the duty of the judges so designated to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and to cause the case to be in everj^ way expedited. An appeal from the final judgment of such court will lie to the Supreme Court. "In any proceeding brought under subsection (c) of this section to enforce subsection (b) of this section, or in the event neither the Attorney General nor any defendant files a request for a three-judge court in any proceeding authorized by this subsection, it shall be the duty of the chief judge of the district, (or in his absence, the acting chief judge) in which the case is pending immediately to designate a judge in such district to hear and determine the case. I n the event that no judge in the district is available to hear and determine the case, the chief judge of the district, or the acting chief judge, as the case may be, shall certify this fact to the chief judge of the circuit (or, in his absence, the acting chief judge) who shall then designate a district or circuit judge of the circuit to hear and determine the case. " I t shall be the duty of the judge designated pursuant to this section to assign the case for hearing at the earliest practicable date and to cause the case to be in every way expedited."

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TITLE II—INJUNCTIVE E E L I E F AGAINST DISCRIMINAT I O N I N P L A C E S OF P U B L I C ACCOMMODATION SEC. 201. (a) All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation, as defined in this section, without discrimination or segregation on the ground of race, color, religion, or national origin. (b) Each of the following establishments which serves the public is a place of public accommodation within the meaning of this title if its operations affect commerce, or if discrimination or segregation by it is supported by State action: (1) any inn, hotel, motel, or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his residence; (2) any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises, including, but not limited to, any such facility located on the premises of any retail establishment; or any gasoline station; (3) any motion picture house, theater, concert hall, sports arena, stadium or other place of exhibition or entertainment; and (4) any establishment (A)(i) which is physically located within the premises of any establishment otherwise covered by this subsection, or (ii) within the premises of which is physically located any such covered establishment, and (B) which holds itself out as serving patrons of such covered establishment. (c) The operations of an establishment affect commerce within the meaning of this title if (1) it is one of the establishments described in paragraph (1) of subsection (b); (2) in the case of an establishment described in paragraph (2) of subsection (b), it serves or offers to serve interstate travelers or a substantial portion of the food which it serves, or gasoline or other products which it sells, has moved in commerce; (3) in the case of an establishment described in paragraph (3) of subsection (b), it customarily presents films, performances, athletic teams, exhibitions, or other sources of entertainment which move in commerce; and (4) in the case of an establishment described in paragraph (4) of subsection (b), it is physically located within the premises of, or there is physically located within its premises, an establishment the operations of which affect commerce within the meaning of this subsection. For purposes of this section, "commerce" means travel, trade, traffic, commerce, transportation, or communication among the several States, or between the District of Columbia and any State, or between any foreign country or any territory or possession and any State or the District of Columbia, or between points in the same State but through any other State or the District of Columbia or a foreign country. (d) Discrimination or segregation by an establishment is supported by State action within the meaning of this title if such discrimination or segregation (1) is carried on under color of any law, statute, ordinance, or regulation; or (2) is carried on under color of any custom or usage required or enforced by officials of the State or political subdivision thereof; or (3) is required by action of the State or political subdivision thereof. (e) The provisions of this title shall not apply to a private club or other establishment not in fact open to the public, except to the extent that the facilities of such establishment are made available

Equal a c c e s s.

Establishments affecting interstate commerce.

Lodgings.

Restaurants, etc.

Theaters, stadiums, etc. Other covered establishments.

Operations affecting commerce criteria.

"Commerce."

Support by State action.

Private establishments.

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Entitlement.

Interference.

Restraining orders, etc.

Attorneys* fees.

Notification of State.

Community Relations Service.

Hearings and inve stigations.

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[78 STAT.

to the customers or patrons of an establishment within the scope of subsection (b). SEC. 202. All persons shall be entitled to be free, at any establishment or place, from discriniination or segregation of any kind on the ground of race, color, religion, or national origin, if such discrimination or segregation is or purports to be required by any law, statute, ordinance, regulation, rule, or order of a State or any agency or political subdivision thereof. SEC. 208. No person shall (a) withhold, deny, or attempt to withhold or deny, or deprive or attempt to deprive, any person of any right or privilege secured by section 201 or 202, or (b) intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce any person with the purpose of interfering with any right or privilege secured by section 201 or 202, or (c) punish or attempt to punish any person for exercising or attempting to exercise any right or privilege secured by section 201 or 202. SEC. 204. (a) Whenever any person has engaged or there are reasonable grounds to believe that any person is about to engage in any act or practice prohibited by section 203, a civil action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order, may be instituted by the person aggrieved and, upon timely application, the court may, in its discretion, permit the Attorney General to intervene in such civil action if he certifies that the case is of general public importance. Upon application by the complainant and in such circumstances as the court may deem just, the court, may appoint an attorney for such complainant and may authorize the commencement of the civil action without the payment of fees, costs, or security. (b) In any action commenced pursuant to this title, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs, and the United States shall be liable for costs the same as a private person. (c) In the case of an alleged act or practice prohibited by this title which occurs in a State, or political subdivision of a State, which has a State or local law prohibiting such act or practice and establishing or authorizing a State or local authority to grant or seek relief from such practice or to institute criminal proceedings with respect thereto upon receiving notice thereof, no civil action may be brought under subsection (a) before the expiration of thirty days after written notice of such alleged act or practice has been given to the appropriate State or local authority by registered mail or in person, provided that the court may stay proceedings in such civil action pending the termination of State or local enforcement proceedings. (d) In the case of an alleged act or practice prohibited by this title which occurs in a State, or political subdivision of a State, which has no State or local law prohibiting such act or practice, a civil action may be brought under subsection (a): Provided, That the court may refer the matter to the Community Relations Service established by title X of this Act for as long as the court believes there is a reasonable possibility of obtaining voluntary compliance, but for not more than sixty days: Provided further, That upon expiration of such sixty-day period, the court may extend such period for an additional period, not to exceed a cumulative total of one hundred and twenty days, if it believes there then exists a reasonable possibility of securing voluntary compliance. SEC. 205. The Service is authorized to make a full investigation of any complaint referred to it by the court under section 204(d) and may hold such hearings with respect thereto as may be necessary.

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The Service shall conduct any hearings with respect to any such complaint in executive session, and shall not release any testimony given therein except by agreement of all parties involved in the complaint with the permission of the court, and the Service shall endeavor to bring about a voluntary settlement between the parties. SEC. 206. (a) Whenever the Attorney General has reasonable cause t

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^""® ^^ '^"°'" ney Cieneral.

to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights secured by this title, and that the pattern or practice is of such a nature and is intended to deny the full exercise of the rights herein described, the Attorney General may bring a civil action in the appropriate district court of the United States by filing with i t a complaint (1) signed by him (or in his absence the Acting Attorney General), (2) setting forth facts pertaining to such pattern or practice, and (3) requesting such preventive relief, including an application for a permanent or temporary injunction, restraining order or other order against the person or persons responsible for such pattern or practice, as he deems necessary to insure the full enjoyment of the rights herein described. (b) In any such proceeding the Attorney General may file with the clerk of such court a request that a court of three judges be convened to hear and determine the case. Such request by the Attorney General shall be accompanied by a certificate that, in his opinion, the case is of general public importance. A copy of the certificate and request for a three-judge court shall be immediately furnished by such clerk to the chief judge of the circuit (or in his absence, the presiding circuit judge of the circuit) in which the case is pending. Designation of Upon receipt of the copy of such request i t shall be the duty of the judges. chief judge of the circuit or the presiding circuit judge, as the case may be, to designate immediately three judges in such circuit, of whom at least one shall be a circuit jud^e and another of whom shall be a district judge of the court in which the proceeding was instituted, to hear and determine such case, and it shall be the duty of the judges so designated to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and to cause the case to be in every way expedited. A n Appeals. appeal from the final judgment of such court will he to the Supreme Court. In the event the Attorney General fails to file such a request in any such proceeding, it shall be the duty of the chief judge of the district (or in his absence, the acting chiei judge) in which the case is pending immediately to designate a judge in such district to hear and aetermme the case. I n the event that no judge in the district is available to hear and determine the case, the chief judge of the district, or the acting^ chief judge, as the case may be, shall certify this fact to the chief judge of the circuit (or in his absence, the acting chief judge) who shall then designate a district or circuit judge of the circuit to hear and determine the case. I t shall be the duty of the judge designated pursuant to this section to assign the case for hearing at the earliest practicable date and to cause the case to be in every way expedited. SEC. 207. (a) The district courts of the United States shall have.^^^S.Sol'"''^^' jurisdiction of proceedings instituted pursuant to this title and shall ""'^ exercise the same without regard to whether the aggrieved party shall have exhausted any administrative or other remedies that may be provided by law.

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PUBLIC LAW 88-352-JULY 2, 1964

[78 STAT,

(b) The remedies provided in this title shall be the exclusive means of enforcing the rights based on this title, but nothing in this title shall preclude any individual or any State or local agency from asserting any right based on any other Federal or State law not inconsistent with this title, including any statute or ordinance requiring nondiscrimination in public establishments or accommodations, or from pursuing any remedy, civil or criminal, which may be available for the vindication or enforcement of such right. TITLE III—DESEGREGATION OF PUBLIC FACILITIES

Suits by Attorney General.

Costs, fees.

62 Stat. 749.

SEC. 301. (a) Whenever the Attorney General receives a complaint in writing signed by an individual to the effect that he is being deprived of or threatened with the loss of his right to the equal protection of the laws, on account of his race, color, religion, or national origin, by being denied equal utilization of any public facility which is owned, operated, or managed by or on behalf of any State or subdivision thereof, other than a public school or public college as defined in section 401 of title IV hereof, and the Attorney General believes the complaint is meritorious and certifies that the signer or signers of such complaint are unable, in his judgment, to initiate and maintain appropriate legal proceedings for relief and that the institution of an action will materially further the orderly progress of desegregation in public facilities, the Attorney General is authorized to institute for or in the name of the United States a civil action in any appropriate district court of the United States against such parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section. The Attorney General may implead as defendants such additional parties as are or become necessary to the grant of effective relief hereunder. (b) The Attorney General may deem a person or persons unable to initiate and maintain appropriate legal proceedings within the meaning of subsection (a) of this section when such person or persons are unable, either directly or through other interested persons or organizations, to bear the expense of the litigation or to obtain effective legal representation; or whenever he is satisfied that the institution of such litigation would jeopardize the personal safety, employment, or economic standing of such person or persons, their families, or their property. SEC. 302. I n any action or proceeding under this title the United States shall be liable for costs, including a reasonable attorney's fee, the same as a private person. SEC. 303. Nothing in this title shall affect adversely the ri^ht of any person to sue for or obtain relief in any court against discrimination in any facility covered by this title. SEC. 304. A complaint as used in this title is a writing or document within the meaning of section 1001, title 18, United States Code. TITLE IV—DESEGREGATION OF PUBLIC EDUCATION DEFINrriONS

SEC. 401. As used in this title ••Commissioner." (a) "Commissioner" means the Commissioner of Education. "Desegre (b) "Desegregation" means the assignment of students to public tion.»» schools and within such schools without regard to their race, color, religion, or national origin, but "desegregation" shall not mean the assignment of students to public schools in order to overcome racial imbalance.

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(c) "Public school" means any elementary or secondary educational institution, and "public college" means any institution of higher education or any technical or vocational school above the secondary school level, provided that such public school or public college is operated by a State, subdivision of a State, or governmental agency within a State, or operated wholly or predominantly from or through the use of governmental funds or property, or funds or property derived from a governmental source. (d) "School board" means any agency or agencies which administer a system of one or more public schools and any other agency which is responsible for the assignment of students to or within such system.

247 '•Public school."

"SCHOOI

board."

SURVEY AND REPORT OF EDUCATIONAL OPPORTUNITIES

402. The Commissioner shall conduct a survey and make a ^^P"'* t° t^e report to the President and the Congress, within two years of the congress"! ^"'^ enactment of this title, concerning the lack of availability of equal educational opportunities for individuals by reason of race, color, religion, or national origin in public educational institutions at all levels in the United States, its territories and possessions, and the District of Columbia. SEC.

TECHNICAL ASSISTANCE

SEC. 403. The Commissioner is authorized, upon the application of any school board. State, municipality, school district, or other governmental unit legally responsible for operating a public school or schools, to render technical assistance to such applicant in the preparation, adoption, and implementation of plans for the desegregation of public schools. Such technical assistance may, among other activities, include making available to such agencies information regarding effective methods of coping with special educational problems occasioned by desegregation, and making available to such agencies personnel of the Office of Education or other persons specially equipped to advise and assist them in coping with such problems. TRAINING INSTITUTES

SEC. 404. The Commissioner is authorized to arrange, through grants or contracts, with institutions of higher education lor the operation of short-term or regular session institutes for special training designed to improve the ability of teachers, supervisors, counselors, and other elementary or secondary school personnel to deal effectively with special educational problems occasioned by desegregation. Indi- stipends, etc. viduals who attend such an institute on a full-time basis may be paid stipends for the period of their attendance at such institute in amounts specified by the Commissioner in regulations, including allowances for travel to attend such institute. GRANTS

SEC. 405. (a) The Commissioner is authorized, upon application of a school board, to make grants to such board to pay, in whole or in part, the cost of— (1) giving to teachers and other school personnel inservice training in dealing with problems incident to desegregation, and (2) employing specialists to advise in problems incident to desegregation. (b) In determining whether to make a grant, and in fixing the amount thereof and the terms and conditions on which it will be made, the Commissioner shall take into consideration the amount available 31-667 0-65—19

Conditions.

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PUBLIC LAW 88-332-JULY 2, 1964

[78 STAT.

for grants under this section and the other applications which are pending before him; the financial condition of the applicant and the other resources available to it; the nature, extent, and gravity of its problems incident to desegregation; and such other factors as he finds relevant. PAYMENTS

SEC. 406. Payments pursuant to a grant or contract under this title may be made (after necessary adjustments on account of previously made overpayments or underpayments) in advance or by way of reimbursement, and in such installments, as the Commissioner may determine. S U I T S BY THE ATTORNEY GENERAL

SEC. 407. (a) Whenever the Attorney General receives a complaint in writing— (1) signed by a parent or group of parents to the effect that his or their minor children, as members of a class of persons similarly situated, are being deprived by a school board of the equal protection of the laws, or (2) signed by an individual, or his parent, to the effect that he has been denied admission to or not permitted to continue in attendance at a public college by reason of race, color, religion, or national origin, and the Attorney General believes the complaint is meritorious and certifies that the signer or signers of such complaint are unable, in his judgment, to initiate and maintain appropriate legal proceedings for relief and that the institution of an action will materially further the orderly achievement of desegregation in public education, the Attorney General is authorized, after giving notice of such complaint to the appropriate school board or college authority and after certifying that he is satisfied that such board or authority has had a reasonable time to adjust the conditions alleged in such complaint, to institute for or in the name of the United States a civil action in any appropriate district court of the United States against such parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section, provided that nothing herein shall empower any official or court of the United States to issue any order seeking to achieve a racial balance in any school by requiring the transportation of pupils or students from one school to another or one school district to another in order to achieve such racial balance, or otherwise enlarge the existing power of the court to insure compliance with constitutional standards. The Attorney General may implead as defendants such additional parties as are or become necessary to the grant of effective relief hereunder. to^*u°a't^ unable Qy) ^^^ AttoTuey General may deem a person or persons unable to initiate and maintain appropriate legal proceedings within the meaning of subsection (a) of this section when such person or persons are unable, either directlyor through other interested persons or organizations, to bear the expense of the litigation or to obtain effective legal representation; or whenever he is satisfied that the institution of such litigation would jeopardize the personal safety, employment, or economic standing of such person or persons, their families, or their property. "Parent." ^^^ 'fj^g term "parent" as used in this section includes any person "Complaint." standing in loco parentis. A "complaint" as used in this section is a writing or document within the meaning of section 1001, title 18, 62 Stat. 749. United States Code.

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SEC. 408. I n any action or proceeding under this title the United States shall be liable for costs the same as a private person. SEC. 409. Nothing in this title shall affect adversely the right of any person to sue for or obtain relief in any court against discrimination m public education. SEC. 410. Nothing in this title shall prohibit classification and assignment for reasons other than race, color, religion, or national origin. TITLE V—COMMISSION ON C IV I L E I G H T S SEC. 501. Section 102 of the Civil Rights Act of 1957 (42 U.S.C. 1975a; 71 Stat. 634) is amended to read as follows: "RULES o r PROCEDURE OF THE COMMISSION HEARINGS

"SEC. 102. (a) At least thirty days prior to the commencement of any hearing, the Commission shall cause to be published in the Federal Register notice of the date on which such hearing is to commence, the place at which it is to be held and the subject of the hearing. The Chairman, or one designated by him to act as Chairman at a hearing of the Commission, shall announce in an opening statement the subject of the hearing. " (b) A copy of the Commission's rules shall be made available to any witness before the Commission, and a witness compelled to appear before the Commission or required to produce written or other matter shall be served with a copy of the Commission's rules at the time of service of the subpena. " (c) Any person compelled to appear in person before the Commission shall be accorded the right to be accompanied and advised by counsel, who shall have the right to subject his client to reasonable examination, and to make objections on the record and to argue briefly the basis for such objections. The Commission shall proceed with reasonable dispatch to conclude any hearing in which it is engaged. Due regard shall be had for the convenience and necessity of witnesses. " (d) The Chairman or Acting Chairman may punish breaches of order and decorum by censure and exclusion from the hearings. "(e) If the Commission determines that evidence or testimony at any hearing may tend to defame, degrade, or incriminate any person, it shall receive such evidence or testimony or summary of such evidence or testimony in executive session. The Commission shall afford any person defamed, degraded, or incriminated by such evidence or testimony an opportunity to appear and be heard in executive session, with a reasonable number of additional witnesses re?nested by him, before deciding to use such evidence or testimony, n the event the Commission determines to release or use such evidence or testimony in such manner as to reveal publicly the identity of the person defamed, degraded, or incriminated, such evidence or testimony, prior to such public release or use, shall be given at a public session, and the Commission shall afford such person an opportunity to appear as a voluntary witness or to file a sworn statement in his behalf and to submit brief and pertinent sworn statements of others. The Commission shall receive and dispose of requests from such person to subpena additional witnesses. " (f) Except as provided in sections 102 and 105(f) of this Act, the Chairman shall receive and the Commission shall dispose of requests to subpena additional witnesses. " (g) No evidence or testimony or summary of evidence or testimony taken in executive session may be released or used in public

Publication in Federal Register.

Right of counsel.

Executive ses" sions.

Testimony, release restrictions.

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Transcript copies.

Witness fees.

Subpena of witnesses.

Organization statement, etc. Publication in Federal Register.

Payments to members.

75 Stat. 339, 340.

PUBLIC LAW 88-352-JULY 2, 1964

[78 STAT.

sessions without the consent of the Commission. Whoever releases or uses in public without the consent of the Commission such evidence or testimony taken in executive session shall be fined not more than $1,000, or imprisoned for not more than one year. " (h) I n the discretion of the Commission, witnesses may submit brief and pertinent sworn statements in writing for inclusion in the record. The Commission shall determine the pertinency of testimony and evidence adduced at its hearings. "(i) Every person who submits data or evidence shall be entitled to retain or, on payment of lawfully prescribed costs, procure a copy or transcript thereof, except that a witness in a hearing held in executive session may for good cause be limited to inspection of the official transcript of his testimony. Transcript copies of public sessions may be obtained by the public upon the payment of the cost thereof. An accurate transcript shall be made of the testimony of all witnesses at all hearings, either public or executive sessions, of the Commission or of any subcommittee thereof. " (j) A witness attending any session of the Commission shall receive $6 for each day's attendance and for the time necessarily occupied in going to and returning from the same, and 10 cents per mile for going from and returning to his place of residence. Witnesses who attend at points so far removed from their respective residences as to prohibit return thereto from day to day shall be entitled to an additional allowance of $10 per day for expenses of subsistence, including the time necessarily occupied in going to and returning from the place of attendance. Mileage payments shall be tendered to the witness upon service of a subpena issued on behalf of the Commission or any subcommittee thereof. " (k) The Commission shall not issue any subpena for the attendance and testimony of witnesses or for the production of written or other matter which would require the presence of the party subpenaed at a hearing to be held outside of the State wherein the witness is found or resides or is domiciled or transacts business, or has appointed an agent for receipt of service of process except that, in any event, the Commission may issue subpenas for the attendance and testimony of witnesses and the production of written or other matter at a hearing held within fifty miles of the place where the witness is found or resides Or is domiciled or transacts business or has appointed an agent for receipt of service of process. "(1) The Commission shall separately state and currently publish in the Federal Register (1) descriptions of its central and field organization including the established places at which, and methods whereby, the public may secure information or make requests; (2) statements of the general course and method by which its functions are channeled and determined, and (3) rules ad.opted as authorized by law. No person shall in any.manner be subject to or required to resort to rules, organization, or procedure not so published." SEC. 502. Section 103(a) of the Civil Rights Act of 1957 (42 U.S.C. 1975b(a); 71 Stat. 634) is amended to read as follows: "SEC. 103. (a) Each member of the Commission who is not otherwise in the service of the Government of the United States shall receive the sum of $75 per day for each day spent in the work of the Commission, shall be paid actual travel expenses, and per diem in lieu of subsistence expenses when away from his usual place of residence, in accordance with section 5 of the Administrative Expenses Act of 1946, as amended (5 U.S.C. 73b-2; 60 Stat. 808)."

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